30 U.S. Code § 187a - Oil or gas leases; partial assignments

Notwithstanding anything to the contrary in section 187 of this title, any oil or gas lease issued under the authority of this chapter may be assigned or subleased, as to all or part of the acreage included therein, subject to final approval by the Secretary and as to either a divided or undivided interest therein, to any person or persons qualified to own a lease under this chapter, and any assignment or sublease shall take effect as of the first day of the lease month following the date of filing in the proper land office of three original executed counterparts thereof, together with any required bond and proof of the qualification under this chapter of the assignee or sublessee to take or hold such lease or interest therein. Until such approval, however, the assignor or sublessor and his surety shall continue to be responsible for the performance of any and all obligations as if no assignment or sublease had been executed. The Secretary shall disapprove the assignment or sublease only for lack of qualification of the assignee or sublessee or for lack of sufficient bond: Provided, however, That the Secretary may, in his discretion, disapprove an assignment of any of the following, unless the assignment constitutes the entire lease or is demonstrated to further the development of oil and gas:
(1) A separate zone or deposit under any lease.
(2) A part of a legal subdivision.
(3) Less than 640 acres outside Alaska or of less than 2,560 acres within Alaska.
Requests for approval of assignment or sublease shall be processed promptly by the Secretary. Except where the assignment or sublease is not in accordance with applicable law, the approval shall be given within 60 days of the date of receipt by the Secretary of a request for such approval. Upon approval of any assignment or sublease, the assignee or sublessee shall be bound by the terms of the lease to the same extent as if such assignee or sublessee were the original lessee, any conditions in the assignment or sublease to the contrary notwithstanding. Any partial assignment of any lease shall segregate the assigned and retained portions thereof, and as above provided, release and discharge the assignor from all obligations thereafter accruing with respect to the assigned lands; and such segregated leases shall continue in full force and effect for the primary term of the original lease, but for not less than two years after the date of discovery of oil or gas in paying quantities upon any other segregated portion of the lands originally subject to such lease. Assignments under this section may also be made of parts of leases which are in their extended term because of any provision of this chapter. Upon the segregation by an assignment of a lease issued after September 2, 1960 and held beyond its primary term by production, actual or suspended, or the payment of compensatory royalty, the segregated lease of an undeveloped, assigned, or retained part shall continue for two years, and so long thereafter as oil or gas is produced in paying quantities.

Source

(Feb. 25, 1920, ch. 85, § 30A, formerly § 30a, as added Aug. 8, 1946, ch. 916, § 7,60 Stat. 955; amended July 29, 1954, ch. 644, § 1(6),68 Stat. 585; Pub. L. 86–705, § 6,Sept. 2, 1960, 74 Stat. 790; renumbered § 30A and amended Pub. L. 100–203, title V, § 5103,Dec. 22, 1987, 101 Stat. 1330–258.)
Amendments

1987—Pub. L. 100–203substituted third to fifth sentences for former third sentence which read as follows: “The Secretary shall disapprove the assignment or sublease only for lack of qualification of the assignee or sublessee or for lack of sufficient bond: Provided, however, That the Secretary may, in his discretion, disapprove an assignment of a separate zone or deposit under any lease, or of a part of a legal subdivision.”
1960—Pub. L. 86–705amended last sentence to restrict automatic extensions after Sept. 2, 1960.
1954—Act July 29, 1954, authorized partial assignment of a lease in its extended term regardless of reason for extension.
Savings Provision

See note set out under section 181 of this title.
Leases Issued Prior to September 2, 1960

Pub. L. 86–705, § 6,Sept. 2, 1960, 74 Stat. 790, provided in part that: “The provisions of this section 6 [amending this section] shall not be applicable to any lease issued prior to the effective date of this Act [Sept. 2, 1960].”

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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30 CFR - Mineral Resources

30 CFR Part 203 - RELIEF OR REDUCTION IN ROYALTY RATES

30 CFR Part 740 - GENERAL REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS ON FEDERAL LANDS

30 CFR Part 745 - STATE-FEDERAL COOPERATIVE AGREEMENTS

30 CFR Part 746 - REVIEW AND APPROVAL OF MINING PLANS

30 CFR Part 1201 - GENERAL

30 CFR Part 1202 - ROYALTIES

30 CFR Part 1203 - RELIEF OR REDUCTION IN ROYALTY RATES

30 CFR Part 1206 - PRODUCT VALUATION

30 CFR Part 1207 - SALES AGREEMENTS OR CONTRACTS GOVERNING THE DISPOSAL OF LEASE PRODUCTS

30 CFR Part 1208 - SALE OF FEDERAL ROYALTY OIL

30 CFR Part 1212 - RECORDS AND FILES MAINTENANCE

30 CFR Part 1218 - COLLECTION OF ROYALTIES, RENTALS, BONUSES, AND OTHER MONIES DUE THE FEDERAL GOVERNMENT

30 CFR Part 1241 - PENALTIES

30 CFR Part 1243 - SUSPENSIONS PENDING APPEAL AND BONDING—OFFICE OF NATURAL RESOURCES REVENUE

43 CFR - Public Lands: Interior

43 CFR Part 17 - NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF THE INTERIOR

43 CFR Part 3000 - MINERALS MANAGEMENT: GENERAL

43 CFR Part 3040

43 CFR Part 3100 - OIL AND GAS LEASING

43 CFR Part 3110 - NONCOMPETITIVE LEASES

43 CFR Part 3120 - COMPETITIVE LEASES

43 CFR Part 3140 - LEASING IN SPECIAL TAR SAND AREAS

43 CFR Part 3410 - EXPLORATION LICENSES

43 CFR Part 3420 - COMPETITIVE LEASING

43 CFR Part 3430 - NONCOMPETITIVE LEASES

43 CFR Part 3450 - MANAGEMENT OF EXISTING LEASES

43 CFR Part 3460 - ENVIRONMENT

43 CFR Part 3800 - MINING CLAIMS UNDER THE GENERAL MINING LAWS

 

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