which provided that deposits of coal, phosphate, sodium, oil, oil shale, or gas, and lands containing such deposits owned by the United States, shall be subject to disposition in the form and manner provided by this act.

TRANSFER OF FUNCTIONS

The General Land Office was abolished and its functions transferred to the Bureau of Land Management by 1946 Reorganization Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, and regulations thereunder. See note under section 1 of Title 43, Public Lands.

CROSS REFERENCES

Coal lands in Alabama opened to agricultural entry, see section 77 of this title and section 1171b of Title 43, Public Lands.

§ 172. Certain lands in Alabama subject to homestead entry.

All lands designated as agricultural in the reclassification of the public lands of Alabama by the Secretary of the Interior under authority of Act March 27, 1906 (chapter 1347, section 1, Thirty-fourth Statutes, page 88), shall be subject to homestead entry as such. (Mar. 27, 1906, ch. 1347, § 2, 34 Stat. 88.)

REFERENCES IN TEXT

Act March 27, 1906 (chapter 1347, section 1, Thirtyfourth Statutes, page 88), referred to in text, was not classified to the Code.

LEASES AND PROSPECTING PERMITS

1. GENERAL PROVISIONS

§ 181. Lands subject to disposition; persons not entitled to benefits; helium rights reserved. Deposits of coal, phosphate, sodium, potassium, oil, oil shale, native asphalt, solid and semisolid bitumen, and bituminous rock (including oilimpregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried) or gas, and lands containing such deposits owned by the United States, including those in national forests, but excluding lands acquired under the Appalachian Forest Act, and those in incorporated cities, towns, and villages and in national parks and monuments, those acquired under other Acts subsequent to February 25, 1920, and lands within the naval petroleum and oil-shale reserves, except as hereinafter provided, shall be subject to disposition in the form and manner provided by sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227— 229a, 241, 251, and 261-263 of this title to citizens of the United States, or to associations of such citizens, or to any corporation organized under the laws of the United States, or of any State or Territory thereof, or in the case of coal, oil, oil shale, or gas, to municipalities. Citizens of another country, the laws, customs, or regulations of which deny similar or like privileges to citizens or corporations of this country, shall not by stock ownership, stock holding, or stock control, own any interest in any lease acquired under the provisions of said sections.

The United States reserves the ownership of and the right to extract helium from all gas produced from lands leased or otherwise granted under the provisions of said sections, under such rules and regulations as shall be prescribed by the Secretary of the Interior: Provided further, That in the extraction of helium from gas produced from such lands it shall be so extracted as to cause no substantial

delay in the delivery of gas produced from the well to the purchaser thereof. (Feb. 25, 1920, ch. 85, § 1, 41 Stat. 437; Feb. 7, 1927, ch. 66, § 5, 44 Stat. 1058; Aug. 8, 1946, ch. 916, §§ 1, 11, 60 Stat. 950, 957; Sept. 2, 1960, Pub. L. 86-705, § 7(a), 74 Stat. 790.)

REFERENCES IN TEXT

The Appalachian Forest Act, referred to in the first par., is act Mar. 1, 1911, ch. 186, 36 Stat. 961, which is classified to sections 480, 500, 513-519, 521, 552 and 563 of title 16, Conservation.

AMENDMENTS

1960-Pub. L. 86-705 included within the scope of this section, native asphalt, solid and semisolid bitumen, and bituminous rock.

1946-Act Aug. 8, 1946, § 1, excluded lands containing enumerated deposits in cities, towns, villages and national monuments, and lands acquired under act subsequent to Feb. 25, 1920, from disposition in the form and manner provided by the 1920 act.

Act Aug 8, 1946, § 11, excluded from section 5 of act Feb. 7, 1927, the incorporation, by reference, of this section, this section having been amended by section 1 of act Aug. 8, 1946, to include deposits of potassium. 1927-Act Feb. 7, 1927, made section applicable to deposits of potassium.

SAVINGS CLAUSE

Section 15 of act Aug. 8, 1946, provided: "No repeal or amendment made by this Act [enacting sections 187a. 187b, and 226c, amending sections 181, 184, 188, 193, 209, 225, 226 and 285, and repealing sections 223a, 226a and 226b of this title] shall affect any right acquired under the law as it ex'sted prior to such repeal or amendment, and sich right shall be governed by the law in effect at the time of its acquisition; but any person holding a lease on the effective date of this Act [Aug. 8, 1946] may. by filing a statement to that effect, elect to have his lease governed by the applicable provisions of this Act [said sections] instead of by the law in effect prior thereto."

ADMISSION OF ALASKA AS STATE: SELECTION OF LANDS Admission of Alaska into the Union was accomplished Jan. 3, 1959, upon issuance of Proc. No. 3269, Jan. 3. 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

Selection of lands by Alaska from lands made available by Statehood provisions including lands subject to leases, permits, licenses or contracts issued under section 181 et seq. of this title, see section 6(h) of Pub. L. 85-508, set out as note preceding section 21 of Title 48.

OUTER CONTINENTAL SHELF; MINERAL LEASES Grant by the Secretary of the Interior of mineral leases on submerged lands of outer Continental Shelf, see sections 1331 et seq., of Title 43, Public Lands.

CROSS REFERENCES

Development of other mineral resources on helium reserve lands, see section 529 of this title.

Laws applicable, see sections 275 and 285 of this title. Naval petroleum reserves, jurisdiction and control, see section 7421 of title 10, Armed Forces.

§ 182. Lands disposed of with reservation of deposits of coal, and so forth.

The provisions of sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227-229a, 241, 251, and 261-263 of this title shall also apply to all deposits of coal, phosphate, sodium, oil, oil shale, native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried) or gas in the lands of the United States, which lands may have been or may be disposed of under laws reserving to the United States such deposits, with the right to pros

pect for, mine, and remove the same, subject to such conditions as are or may hereafter be provided by such laws reserving such deposits. (Feb. 25, 1920, ch. 85, § 34, 41 Stat. 450; Sept. 2, 1960, Pub. L. 86-705, § 7(a), 74 Stat. 790.)

AMENDMENTS

1960-Pub. L. 86-705 included within the scope of this section, native asphalt, solid and semisolid bitumen, and bituminous rock.

CROSS REFERENCES

Laws applicable, see sections 275 and 285 of this title.

§ 183. Cancellation of prospecting permits.

The Secretary of the Interior shall reserve and may exercise the authority to cancel any prospecting permit upon failure by the permittee to exercise due diligence in the prosecution of the prospecting work in accordance with the terms and conditions stated in the permit, and shall insert in every such permit issued under the provisions of sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227-229a, 241, 251, and 261263 of this title appropriate provisions for its cancellation by him. (Feb. 25, 1920, ch. 85, § 26, 41 Stat. 448.)

CROSS REFERENCES

Laws applicable, see sections 275 and 285 of this title. Surrender of leases, see section 188a of this title.

§ 184. Limitations on leases held, owned or controlled by persons, associations or corporations.

(a) Coal leases or permits, acreage; regulations.

(1) No person, association, or corporation shall take, hold, own, or control at one time, whether acquired directly from the Secretary under sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227-229a, 241, 251, 261-263 of this title or otherwise, coal leases or permits on an aggregate of more than forty-six thousand and eighty acres in any one State.

(2) A person, association, or corporation may apply for coal leases or permits for acreage in addition to that which is permissible under paragraph (1) of this subsection, but the additional acreage shall not exceed five thousand one hundred and twenty acres in any one State. Each application shall be for forty acres or a multiple thereof and shall contain a statement that the granting of a lease or permit for the additional lands is necessary to enable the applicant to carry on business economically and that it is believed to be in the public interest. On the filing of such an application, the coal deposits in the lands covered by it shall be temporarily set aside and withdrawn from all forms of disposal under sections 181-184, 185-188, 189192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227-229a, 241, 251, 261-263 of this title. The Secretary shall, after posting notice of the pending application in the local land office, conduct public hearings on it. After such hearings the Secretary may, under such regulations as he may prescribe and to such extent as he finds to be in the public interest and necessary to enable the applicant to carry on business economically, permit the applicant to take and hold coal leases or permits for additional acreage as hereinbefore provided. The Secretary may, in his own discretion or whenever sufficient public interest is manifested, reevaluate a

lessee's or permittee's need for all or any part of the additional acreage and may cancel any lease or permit covering all or any part of such acreage if he finds that cancellation is in the public interest or that the coal deposits in said acreage are no longer necessary for the lessee or permittee to carry on business economically or that the lessee or permittee has divested himself of all or any part of his first ten thousand two hundred and forty acres or no longer has facilities which, in the Secretary's opinion, enable him to exploit the deposits under lease or permit. No assignment, transfer, or sale of any part of the additional acreage may be made without the approval of the Secretary.

(b) Sodium leases or permits, acreage.

(1) No person, association, or corporation, except as otherwise provided in this subsection, shall take, hold, own, or control at one time, whether acquired directly from the Secretary under sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211214, 223, 224-226, 226-2, 227-229a, 241, 251, 261263 of this title or otherwise, sodium leases or permits on an aggregate of more than five thousand one hundred and twenty acres in any one State.

(2) The Secretary may, in his discretion, where the same is necessary in order to secure the economic mining of sodium compounds leasable under sections 181-184, 185-188, 189-192, 193, 194. 201, 202-209, 211-214, 223, 224-226, 226-2, 227-229a, 241, 251, 261-263 of this title, permit a person, association, or corporation to take or hold sodium leases or permits on up to fifteen thousand three hundred and sixty acres in any one State.

(c) Phosphate leases, acreage.

No person, association, or corporation shall take, hold, own, or control at one time, whether acquired directly from the Secretary under sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227-229a, 241, 251, 261-263 of this title or otherwise, phosphate leases or permits on an aggregate of more than twenty thousand four hundred and eighty acres in the United States. (d) Oil or gas leases, acreage, Alaska; options, semiannual statements.

(1) No person, association, or corporation, except as otherwise provided in sections 181-184, 185-188, 189-192, 193, 194 201, 202-209, 211-214, 223, 224226, 226-2, 227-229a, 241, 251, 261-263 of this title, shall take hold, own or control at one time whether acquired directly from the Secretary under sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227-229a, 241, 251, 261-263 of this title or otherwise, oil or gas leases (including options for such leases or interests therein) on land held under the provisions of sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227-229a, 241, 251, 261-263 of this title exceeding in the aggregate two hundred forty-six thousand and eighty acres in any one State other than Alaska. In the case of the State of Alaska, the limit shall be three hundred thousand acres in the northern leasing district and three hundred thousand acres in the southern leasing district, and the boundary between said two districts shall be the left limit of the Tanana River

from the border between the United States and Canada to the confluence of the Tanana and Yukon Rivers, and the left limit of the Yukon River from said confluence to its principal southern mouth.

(2) No person, association, or corporation shall take, hold, own, or control at one time options to acquire interests in oil or gas leases under the provisions of sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227-229a, 241, 251, 261-263 of this title which involve, in the aggregate, more than two hundred thousand acres of land in any one State other than Alaska or, in the case of Alaska, more than two hundred thousand acres in each of its two leasing districts, as hereinbefore described. No option to acquire any interest in such an oil or gas lease shall be enforcible if entered into for a period of more than three years (which three years shall be inclusive of any renewal period if a right to renew is reserved by any party to the option) without the prior approval of the Secretary. In any case in which an option to acquire the optionor's entire interest in the whole or a part of the acreage under a lease is entered into, the acreage to which the option is applicable shall be charged both to the optionor and to the optionee, but the charge to the optionor shall cease when the option is exercised. In any case in which an option to acquire a part of the optionor's interest in the whole or a part of the acreage under a lease is entered into, the acreage to which the option is applicable shall be fully charged to the optionor and a share thereof shall also be charged to the optionee as his interest may appear, but after the option is exercised said acreage shall be charged to the parties pro rata as their interests may appear. In any case in which an assignment is made of a part of a lessee's interest in the whole or part of the acreage under a lease or an application for a lease, the acreage shall be charged to the parties pro rata as their interests may appear. No option or renewal thereof shall be enforcible until notice thereof has been filed with the Secretary or an officer or employee of the Department of the Interior designated by him to receive the same. Each such notice shall include, in addition to any other matters prescribed by the Secretary, the names and addresses of the parties thereto, the serial number of the lease or application for a lease to which the option is applicable, and a statement of the number of acres covered thereby and of the interests and obligations of the parties thereto and shall be subscribed by all parties to the option or their duly authorized agents. An option which has not been exercised shall remain charged as hereinbefore provided until notice of its relinquishment or surrender has been filed, by either party, with the Secretary or any officer or employee of the Department of the Interior designated by him to receive the same. addition, each holder of any such option shall file with the Secretary or an officer or employee of the Department of the Interior as aforesaid within ninety days after the 30th day of June and the 31st day of December in each year a statement showing, in addition to any other matters prescribed by the Secretary, his name, the name and address of each grantor of an option held by him, the serial number

In

of every lease or application for a lease to which such an option is applicable, the number of acres covered by each such option, the total acreage in each State to which such options are applicable, and his interest and obligation under each such option. The failure of the holder of an option so to file shall render the option unenforcible by him. The unenforcibility of any option under the provisions of this paragraph shall not diminish the number of acres deemed to be held under option by any person, association, or corporation in computing the amount chargeable under the first sentence of this paragraph and shall not relieve any party thereto of any liability to cancellation, forfeiture, forced disposition, or other sanction provided by law. The Secretary may prescribe forms on which the notice and statements required by this paragraph shall be made.

(e) Association or stockholder interests, conditions; combined interests.

(1) No person, association, or corporation shall take, hold, own or control at one time any interest as a member of an association or as a stockholder in a corporation holding a lease, option, or permit under the provisions of sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227-229a, 241, 251, 261-263 of this title which, together with the area embraced in any direct holding, ownership or control by him of such a lease, option, or permit or any other interest which he may have as a member of other associations or as a stockholder in other corporations holding, owning or controlling such leases, options, or permits for any kind of minerals, exceeds in the aggregate an amount equivalent to the maximum number of acres of the respective kinds of minerals allowed to any one lessee, optionee, or permittee under sections 181-184, 185-188, 189-192, 193, 194, 201, 202209, 211-214, 223, 224-226, 226–2, 227–229a, 241, 251, 261-263 of this title, except that no person shall be charged with his pro rata share of any acreage holdings of any association or corporation unless he is the beneficial owner of more than 10 per centum of the stock or other instruments of ownership or control of such association or corporation, and except that within three years after September 2, 1960 no valid option in existence prior to September 2, 1960 held by a corporation or association on September 2, 1960 shall be chargeable to any stockholder of such corporation or to a member of such association so long as said option shall be so held by such corporation or association under the provisions of sections 181-184, 185-188, 189— 192, 193, 194, 201, 202-209, 211-214, 223, 224—226, 226-2, 227-229a, 241, 251, 261-263 of this title.

(2) No contract for development and operation of any lands leased under sections 181-184, 185188, 189-192, 193, 194, 201, 202–209, 211–214, 223, 224-226, 226-2, 227-229a, 241, 251, 261–263 of this title, whether or not coupled with an interest in such lease, and no lease held, owned, or controlled in common by two or more persons, associations, or corporations shall be deemed to create a separate association under the preceding påragraph of this subsection between or among the contracting parties or those who hold, own or control the lease in com

mon, but the proportionate interest of each such party shall be charged against the total acreage permitted to be held, owned or controlled by such party under sections 181-184, 185-188, 189-192, 193, 194, 201, 202–209, 211–214, 223, 224-226, 226-2, 227-229a, 241, 251, 261-263 of this title. The total acreage so held, owned, or controlled in common by two or more parties shall not exceed, in the aggregate, an amount equivalent to the maximum number of acres of the respective kinds of minerals allowed to any one lessee, optionee, or permittee under sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227–229a, 241, 251, 261-263 of this title.

(f) Limitations on other sections; combined interests permitted for certain purposes.

Nothing contained in subsection (e) of this section shall be construed (i) to limit sections 227, 228, 251 or (ii), subject to the approval of the Secretary, to prevent any number of lessees under sections 181184, 185-188, 189-192, 193, 194, 201, 202–209, 211— 214, 223, 224-226, 226-2, 227-229a, 241, 251, 261-263 of this title from combining their several interests so far as may be necessary for the purpose of constructing and carrying on the business of a refinery or of establishing and constructing, as a common carrier, a pipeline or railroad to be operated and used by them jointly in the transportation of oil from their several wells or from the wells of other lessees under sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227-229a, 241, 251, 261-263 of this title or in the transportation of coal or (iii) to increase the acreage which may be taken, held, owned, or controlled under this section.

(g) Forbidden interests acquired by descent, will, judgment, or decree; permissible holding period. Any ownership or interest otherwise forbidden in sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227–229a, 241, 251, 261-263 of this title which may be acquired by descent, will, judgment, or decree may be held for two years after its acquisition and no longer. (h) Cancellation, forfeiture, or disposal of interests for violations; bona fide purchasers and other valid interests; sale by Secretary; record of proceedings.

(1) If any interest in any lease is owned, or controlled, directly or indirectly, by means of stock or otherwise, in violation of any of the provisions of sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227-229a, 241, 251, 261-263 of this title, the lease may be canceled, or the interest so owned may be forfeited, or the person so owning or controlling the interest may be compelled to dispose of the interest, in any appropriate proceeding instituted by the Attorney General. Such a proceeding shall be instituted in the United States district court for the district in which the leased property or some part thereof is located or in which the defendant may be found.

(2) The right to cancel or forfeit for violation of any of the provisions of sections 181-184, 185-188, 189-192, 193, 194, 201, 202–209, 211–214, 223, 224— 226, 226-2, 227-229a, 241, 251, 261-263 of this title shall not apply so as to affect adversely the title or

interest of a bona fide purchaser of any lease, interest in a lease, option to acquire a lease or an interest therein, or permit which lease, interest, option, or permit was acquired and is held by a qualified person, association, or corporation in conformity with those provisions, even though the holdings of the person, association, or corporation from which the lease, interest, option, or permit was acquired, or of his predecessor in title (including the original lessee of the United States) may have been canceled or forfeited or may be or may have been subject to cancellation or forfeiture for any such violation. If, in any such proceeding, an underlying lease, interest, option, or permit is canceled or forfeited to the Government and there are valid interests therein or valid options to acquire the lease or an interest therein which are not subject to cancellation, forfeiture, or compulsory disposition, the underlying lease, interest, option, or permit shall be sold by the Secretary to the highest responsible qualified bidder by competitive bidding under general regulations subject to all outstanding valid interests therein and valid options pertaining thereto. Likewise if, in any such proceeding, less than the whole interest in a lease, interest, option, or permit is canceled or forfeited to the Government, the partial interests so canceled or forfeited shall be sold by the Secretary to the highest responsible qualified bidder by competitive bidding under general regulations. If competitive bidding fails to produce a satisfactory offer the Secretary may, in either of these cases, sell the interest in question by such other method as he deems appropriate on terms not less favorable to the Government than those of the best competitive bid received.

(3) The commencement and conclusion of every proceeding under this subsection shall be promptly noted on the appropriate public records of the Bureau of Land Management.

(i) Bona fide purchasers, conditions for obtaining dismissals.

Effective September 21, 1959, any person, association, or corporation who is a party to any proceeding with respect to a violation of any provision of sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227— 229a, 241, 251, 261-263 of this title, whether initiated prior to said date or thereafter, shall have the right to be dismissed promptly as such a party upon showing that he holds and acquired as a bona fide purchaser the interest involving him as such a party without violating any provisions of sections 181-184, 185-188, 189-192, 193. 194, 201, 202–209, 211-214, 223, 224—226, 226-2, 227–229a, 241, 251, 261-263 of this title. No hearing upon any such showing shall be required unless the Secretary presents prima facie evidence indicating a possible violation of sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227-229a, 241, 251, 261-263 of this title on the part of the alleged bona fide purchaser. (j) Waiver or suspension of rights.

If during any such proceeding, a party thereto files with the Secretary a waiver of his rights under his lease (including particularly, where applicable, rights to drill and to assign) or if such rights are

suspended by the Secretary pending a decision in the proceeding, whether initiated prior to enactment of sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226–2, 227229a, 241, 251, 261-263 of this title or thereafter, payment of rentals and running of time against the term of the lease or leases involved shall be suspended as of the first day of the month following the filing of the waiver or suspension of the rights until the first day of the month following the final decision in the proceeding or the revocation of the waiver or suspension.

(k) Unlawful trusts; forfeiture.

Except as otherwise provided in sections 181-184, 185-188, 189-192, 193, 194, 201, 202–209, 211-214, 223, 224-226, 226–2, 227-229a, 241, 251, 261-263 of this title, if any lands or deposits subject to the provisions of sections 181-184, 185-188, 189–192, 193, 194, 201, 202-209, 211–214, 223, 224-226, 2262, 227-229a, 241, 251, 261-263 of this title shall be subleased, trusteed, possessed, or controlled by any device permanently, temporarily, directly, indirectly, tacitly, or in any manner whatsoever, so that they form a part of or are in any wise controlled by any combination in the form of an unlawful trust, with the consent of the lessee, optionee, or permittee, or form the subject of any contract or conspiracy in restraint of trade in the mining or selling of coal, phosphate, oil, oil shale, native asphalt, solid and semisolid bitumen, bituminous rock, gas, or sodium entered into by the lessee, optionee, or permittee or any agreement or understanding, written, verbal, or otherwise, to which such lessee, optionee, or permittee shall be a party, of which his or its output is to be or become the subject, to control the price or prices thereof or of any holding of such lands by any individual, partnership, association, corporation, or control in excess of the amounts of lands provided in sections 181-184, 185-188, 189-192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226-2, 227-229a, 241, 251, 261-263 of this title, the lease, option, or permit shall be forfeited by appropriate court proceedings. (Feb. 25, 1920, ch. 85, § 27, 41 Stat. 448; Apr. 30, 1926, ch. 197, 44 Stat. 373; July 3, 1930, ch. 854, § 1, 46 Stat. 1007; Mar. 4, 1931, ch. 506, 46 Stat. 1524; Aug. 8, 1946, ch. 916, § 6, 60 Stat. 954; June 1, 1948, ch. 365, 62 Stat. 285; June 3, 1948, ch. 379, § 6, 62 Stat. 291; Aug. 2, 1954, ch. 650, 68 Stat. 648; Aug. 13, 1957, Pub. L. 85-122, 71 Stat. 341; Aug. 21, 1958, Pub. L. 85-698, 72 Stat. 688; Sept. 21, 1959, Pub. L. 86-294, § 1, 73 Stat. 571; Mar. 18, 1960, Pub. L. 86-391, § 1(c), 74 Stat. 8; Sept. 2, 1960, Pub. L. 86-705, § 3, 74 Stat. 785; Aug. 31, 1964, Pub. L. 88-526, § 1, 78 Stat. 710; Aug. 31, 1964, Pub. L. 88548, 78 Stat. 754.)

AMENDMENTS

1964-Subsec. (a)(1). Pub. L. 88-526 deleted ", except as otherwise provided in this subsection," following "corporation" and substituted "forty-six thousand and eighty acres" for "ten thousand two hundred and forty acres." Subsec. (c). Pub. L. 88-548 increased the aggregate number of acres from 10,240 to 20,480 acres.

1960-Pub. L. 86-705 generally revised the provisions and divided them into subsecs. (a) to (k). Other changes concerned: maximum acreage in Alaska, unreported options, their unenforceability, form for notice of options, party to give notice, inclusion of options in acreage determinations, charge of association or cor

porate holdings against principal stockholders, hearings requirement based upon prima facie evidence of violations, running of time against a lease and the payment of rentals during a waiver or suspension of a lessee's rights.

Pub. L. 86-391 authorized issuance of phosphate permits.

1959-Pub. L. 86-294 provided that the right of cancellation or forfeiture for violations shall not apply so as to affect adversely the interest of a bona fide purchaser in a lease acquired in conformity with acreage limitations, that bona fide purchasers in such situations have right to be dismissed as a party from proceedings, and that if a party to proceedings files waiver of rights to drill or assigns his interests, or if such rights are suspended pending decision, he shall, if he is not in violation of provisions, have the right to have his interest extended for a period of time equal to the period between filling of waiver or order of suspension and final decision, without payment of rental.

1958-Pub. L. 85-698 increased the limitation on the acreage which may be taken or held under coal leases or permits in any one State from 5,120 to 10,240 acres, permitted applications for additional coal leases or permits not exceeding 5,120 additional acres in the State, provided for hearings on such applications, authorized reevaluation and cancellation of leases and permits for additional acreage, and prohibited assignment, transfer, or sale of any of the additional acreage without the Secretary's approval.

1957-Pub. L. 85-122 deleted from the second sentence the words "or permits exceeding in the aggregate five thousand one hundred and twenty acres in any one State, and" following the words "phosphate leases".

1954-Act Aug. 2, 1954, increased the acreage that any one person can hold in the aggregate from fifteen thousand three hundred and sixty acres to forty-six thousand and eighty acres, increased the number of acres that can be held under option from one hundred thousand acres to two hundred thousand acres, and extended the terms of the option from 2 to 3 years.

1948-Act June 1, 1948, substituted in the second proviro of section "within two years after the passage of this Act" for "on or before August 8, 1950" in order to allow options to be exercised up to that time.

Act June 3, 1948, increased the aggregate acreage allowed one person, etc., from two thousand five hundred and sixty acres to five thousand one hundred and twenty acres of coal or sodium leases, and increased the aggregate acreage allowed one person, etc., from seven thousand six hundred and eighty acres to fifteen thousand three hundred and sixty acres of oil or gas leases.

1946-Act Aug. 8, 1946, principally doubled the amount of land that may be leased by any person or corporation in any one State and abolished the former acreage limitation of 2,560 acres on one structure; excluded operating contracts and leases held in common from the definition of "association"; inserted the provisions relating to options; and omitted the provisions relating to cooperative or unit plans and operating, drilling or development contracts.

1931-Act Mar. 4, 1931, amended section generally. 1930-Act July 3, 1930, amended section generally. 1926-Act Apr. 30, 1926, amended section generally.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 2 of Pub. L. 86–294 provided that: "The rights granted by the second and third sentences of the amendment contained within section 1 of this Act [which amended this section to provide that holder of interest in lease has right to be dismissed from cancellation or forfeiture proceedings upon showing he acquired his interest as bona fide purchaser and without violation of provisions, and to provide right to have his lease extended if rights thereunder to drill and to assign are suspended or waived during such proceedings and it is determined he is not in violation of provisions] shall apply with respect to any proceeding now pending or initiated after the date of enactment of this Act [Sept. 21, 1959]."

Savings CLAUSE

Savings clause, see note under section 181 of this title.