(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; Pub. L. 85–122, Aug. 13, 1957, 71 Stat. 341; Pub. L. 85–698, Aug. 21, 1958, 72 Stat. 688; Pub. L. 86–294, § 1,Sept. 21, 1959, 73 Stat. 571; Pub. L. 86–391, § 1(c),Mar. 18, 1960, 74 Stat. 8; Pub. L. 86–705, § 3,Sept. 2, 1960, 74 Stat. 785; Pub. L. 88–526, § 1,Aug. 31, 1964, 78 Stat. 710; Pub. L. 88–548, Aug. 31, 1964, 78 Stat. 754; Pub. L. 94–377, §§ 11,
15,Aug. 4, 1976, 90 Stat. 1090, 1091; Pub. L. 97–78, § 1(2), (5),Nov. 16, 1981, 95 Stat. 1070; Pub. L. 106–191, § 2,Apr. 28, 2000, 114 Stat. 232; Pub. L. 106–463, § 3,Nov. 7, 2000, 114 Stat. 2011; Pub. L. 109–58, title III, § 352,Aug. 8, 2005, 119 Stat. 714.)
References in Text
The date of enactment of this section, referred to in subsec. (a), probably means the date of enactment of Pub. L. 94–377
, which was Aug. 4, 1976.
The Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies”, approved July 2, 1890, as amended, referred to in subsec. (l)(4)(A), is act July 2, 1890, ch. 647, 26 Stat. 209
, as amended, known as the Sherman Act, which is classified to sections
, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section
The Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914, as amended, referred to in subsec. (l)(4)(B), is act Oct. 15, 1914, ch. 323, 38 Stat. 730
, as amended, known as the Clayton Act, and is classified generally to sections
, and sections
, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section
The Federal Trade Commission Act, referred to in subsec. (l)(4)(C), is act Sept. 26, 1914, ch. 311, 38 Stat. 717
, as amended, which is classified generally to subchapter I (§ 41 et seq.) of chapter
. For complete classification of this Act to the Code, see section
Act of June 19, 1936, chapter 592, referred to in subsec. (l)(4)(E), is act June 19, 1936, ch. 592, 49 Stat. 1526
, known as the Robinson-Patman Antidiscrimination Act and also as the Robinson-Patman Price Discrimination Act, which enacted sections
, Commerce and Trade, and amended section
. For complete classification of this Act to the Code, see Short Title note set out under section
In subsec. (l)(2), “subchapter
” substituted for “the Administrative Procedure Act” on authority of Pub. L. 89–554
, § 7(b),Sept. 6, 1966, 80 Stat. 631
, the first section of which enacted Title 5, Government Organization and Employees.
2005—Subsec. (d)(1). Pub. L. 109–58
inserted “, and acreage under any lease any portion of which has been committed to a federally approved unit or cooperative plan or communitization agreement or for which royalty (including compensatory royalty or royalty in-kind) was paid in the preceding calendar year,” after “acreage held in special tar sand areas”.
2000—Subsec. (a). Pub. L. 106–463
inserted heading, struck out “(1)” before “No person”, substituted “75,000 acres” for “forty-six thousand and eighty acres”, and substituted “150,000 acres” for “one hundred thousand acres” wherever appearing.
Subsec. (b)(2). Pub. L. 106–191
substituted “30,720 acres” for “fifteen thousand three hundred and sixty acres”.
1981—Subsec. (d)(1). Pub. L. 97–78
, § 1(5), inserted proviso that acreage held in special tar sand areas not be chargeable against State limitations.
Subsec. (k). Pub. L. 97–78
, § 1(2), substituted “gilsonite (including all vein-type solid hydrocarbons)” for “native asphalt, solid and semisolid bitumen, bituminous rock”.
1976—Subsec. (a)(1). Pub. L. 94–377
, § 11(a), inserted “or any subsidiary, affiliate, or persons controlled by or under common control with such person, association, or corporation” before “shall take, hold, own or control”, “and in no case greater than an aggregate of one hundred thousand acres in the United States” after “in any one State,” proviso relating to non-relinquishment of leases or permits by an entity owning or controlling more than an aggregate of one hundred thousand acres, and proviso prohibiting ownership or control of further Federal leases or permits until reduction to below an aggregate of one hundred thousand acres.
Subsec. (a)(2). Pub. L. 94–377
, § 11(b), struck out par. (2) providing for application, hearing and granting of additional acreage, not to exceed 5120 acres in any one State, to a person, association or corporation requiring such extra acreage to carry on business economically, and the subsequent reevaluation of such entity’s continuing need for such extra acreage.
Subsec. (l). Pub. L. 94–377
, § 15, added subsec. (l).
1964—Subsec. (a)(1). Pub. L. 88–526
struck out “, except as otherwise provided in this subsection,” after “corporation” and increased aggregate number of acres from 10,240 to 46,080 acres.
Subsec. (c). Pub. L. 88–548
increased aggregate number of acres from 10,240 to 20,480 acres.
1960—Pub. L. 86–705
generally revised 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 corporate 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
inserted provision 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 the right to be dismissed as parties 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 filing of waiver or order of suspension and final decision, without payment of rental.
1958—Pub. L. 85–698
increased limitation on 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
struck out “or permits exceeding in the aggregate five thousand one hundred and twenty acres in any one State, and” after “phosphate leases” in second sentence.
1954—Act Aug. 2, 1954, increased 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 number of acres that can be held under option from one hundred thousand acres to two hundred thousand acres, and extended terms of the option from 2 to 3 years.
1948—Act June 1, 1948, substituted in second proviso “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 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 amount of land that may be leased by any person or corporation in any one State and abolished former acreage limitation of 2,560 acres on one structure; excluded operating contracts and leases held in common from definition of “association”; inserted provisions relating to options; and omitted 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
Pub. L. 86–294
, § 2,Sept. 21, 1959, 73 Stat. 571
, provided that: “The rights granted by the second and third sentences of the amendment contained within section 1 of this Act [amending 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].”
See note set out under section
of this title.
Pub. L. 94–377
, § 11(b),Aug. 4, 1976, 90 Stat. 1090
, provided in part that the repeal by section 11(b) ofsubsec. (a)(2) of this section is subject to valid existing rights.
Transfer of Functions
Functions of Secretary of the Interior, referred to in subsec. (l), to promulgate regulations under this chapter relating to the fostering of competition for Federal leases, the implementation of alternative bidding systems authorized for the award of Federal leases, the establishment of diligence requirements for operations conducted on Federal leases, the setting of rates for production of Federal leases, and the specifying of the procedures, terms, and conditions for the acquisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by section
, The Public Health and Welfare. Section
was repealed by Pub. L. 97–100
, title II, § 201,Dec. 23, 1981, 95 Stat. 1407
, and functions of Secretary of Energy returned to Secretary of the Interior. See House Report No. 97–315, pp. 25, 26, Nov. 5, 1981.
Pub. L. 106–463
, § 2,Nov. 7, 2000, 114 Stat. 2010
, provided that: “Congress finds that—
“(1) Federal land contains commercial deposits of coal, the Nation’s largest deposits of coal being located on Federal land in Utah, Colorado, Montana, and the Powder River Basin of Wyoming;
“(2) coal is mined on Federal land through Federal coal leases under the Act of February 25, 1920 (commonly known as the ‘Mineral Leasing Act’) (30
“(3) the sub-bituminous coal from these mines is low in sulfur, making it the cleanest burning coal for energy production;
“(4) the Mineral Leasing Act sets for each leasable mineral a limitation on the amount of acreage of Federal leases any 1 producer may hold in any 1 State or nationally;
“(5)(A) the present acreage limitation for Federal coal leases has been in place since 1976;
“(B) currently the coal lease acreage limit of 46,080 acres per State is less than the per-State Federal lease acreage limit for potash (96,000 acres) and oil and gas (246,080 acres);
“(6) coal producers in Wyoming and Utah are operating mines on Federal leaseholds that contain total acreage close to the coal lease acreage ceiling;
“(7) the same reasons that Congress cited in enacting increases for State lease acreage caps applicable in the case of other minerals—the advent of modern mine technology, changes in industry economics, greater global competition, and the need to conserve Federal resources—apply to coal;
“(8) existing coal mines require additional lease acreage to avoid premature closure, but those mines cannot relinquish mined-out areas to lease new acreage because those areas are subject to 10-year reclamation plans, and the reclaimed acreage is counted against the State and national acreage limits;
“(9) to enable them to make long-term business decisions affecting the type and amount of additional infrastructure investments, coal producers need certainty that sufficient acreage of leasable coal will be available for mining in the future; and
“(10) to maintain the vitality of the domestic coal industry and ensure the continued flow of valuable revenues to the Federal and State governments and of energy to the American public from coal production on Federal land, the Mineral Leasing Act should be amended to increase the acreage limitation for Federal coal leases.”
Pub. L. 106–191
, § 1,Apr. 28, 2000, 114 Stat. 231
, provided that: “The Congress finds and declares that—
“(1) The Federal lands contain commercial deposits of trona, with the world’s largest body of this mineral located on such lands in southwestern Wyoming.
“(2) Trona is mined on Federal lands through Federal sodium leases issued under the Mineral Leasing Act of 1920 [30
“(3) The primary product of trona mining is soda ash (sodium carbonate), a basic industrial chemical that is used for glass making and a variety of consumer products, including baking soda, detergents, and pharmaceuticals.
“(4) The Mineral Leasing Act [30
et seq.] sets for each leasable mineral limitations on the amount of acreage of Federal leases any one producer may hold in any one State or nationally.
“(5) The present acreage limitation for Federal sodium (trona) leases has been in place for over five decades, since 1948, and is the oldest acreage limitation in the Mineral Leasing Act. Over this time frame Congress and/or the BLM has revised acreage limits for other minerals to meet the needs of the respective industries. Currently, the sodium lease acreage limitation of 15,360 acres per State is approximately one-third of the per State Federal lease acreage cap for coal (46,080 acres) and potassium (51,200 acres) and one-sixteenth that of oil and gas (246,080 acres).
“(6) Three of the four trona producers in Wyoming are operating mines on Federal leaseholds that contain total acreage close to the sodium lease acreage ceiling.
“(7) The same reasons that Congress cited in enacting increases in other minerals’ per State lease acreage caps apply to trona: the advent of modern mine technology, changes in industry economics, greater global competition, and need to conserve the Federal resource.
“(8) Existing trona mines require additional lease acreage to avoid premature closure, and are unable to relinquish mined-out areas to lease new acreage because those areas continue to be used for mine access, ventilation, and tailings disposal and may provide future opportunities for secondary recovery by solution mining.
“(9) Existing trona producers are having to make long term business decisions affecting the type and amount of additional infrastructure investments based on the certainty that sufficient acreage of leaseable [sic] trona will be available for mining in the future.
“(10) To maintain the vitality of the domestic trona industry and ensure the continued flow of valuable revenues to the Federal and State governments and products to the American public from trona production on Federal lands, the Mineral Leasing Act should be amended to increase the acreage limitation for Federal sodium leases.”
Admission of Alaska as State
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24
, 73 Stat. c16, as required by sections 1 and 8(c) ofPub. L. 85–508
, July 7, 1958, 72 Stat. 339
, set out as notes preceding section
, Territories and Insular Possessions.