§ 226–2 TITLE 30—MINERAL LANDS AND MINING Page 80

(d) Commencement of actual drilling operations

Any lease issued prior to September 2, 1960,

which has been maintained in accordance with

applicable statutory requirements and regulations and which pertains to land on which, or for

which under an approved cooperative or unit

plan of development or operation, actual drilling

operations were commenced prior to the end of

its primary term and are being diligently prosecuted at that time shall be extended for two

years and so long thereafter as oil or gas is produced in paying quantities.

(Pub. L. 86–705, §4, Sept. 2, 1960, 74 Stat. 789.)

CODIFICATION

Section was enacted as part of Mineral Leasing Act

Revision of 1960, and not as part of act Feb. 25, 1920, ch.

85, 41 Stat. 437, known as the Mineral Leasing Act,

which comprises this chapter.

§ 226–2. Limitations for filing oil and gas contests

No action contesting a decision of the Secretary involving any oil and gas lease shall be

maintained unless such action is commenced or

taken within ninety days after the final decision

of the Secretary relating to such matter. No

such action contesting such a decision of the

Secretary rendered prior to September 2, 1960

shall be maintained unless the same be commenced or taken within ninety days after September 2, 1960.

(Feb. 25, 1920, ch. 85, §42, as added Pub. L. 86–705,

§5, Sept. 2, 1960, 74 Stat. 790.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1724 of this title.

§ 226–3. Lands not subject to oil and gas leasing

(a) Prohibition

The Secretary shall not issue any lease under

this chapter or under the Geothermal Steam Act

of 1970 [30 U.S.C. 1001 et seq.] on any of the following Federal lands:

(1) Lands recommended for wilderness allocation by the surface managing agency.

(2) Lands within Bureau of Land Management wilderness study areas.

(3) Lands designated by Congress as wilderness study areas, except where oil and gas

leasing is specifically allowed to continue by

the statute designating the study area.

(4) Lands within areas allocated for wilderness or further planning in Executive Communication 1504, Ninety-Sixth Congress (House

Document numbered 96–119), unless such lands

are allocated to uses other than wilderness by

a land and resource management plan or have

been released to uses other than wilderness by

an act of Congress.

(b) Exploration

In the case of any area of National Forest or

public lands subject to this section, nothing in

this section shall affect any authority of the

Secretary of the Interior (or for National Forest

Lands reserved from the public domain, the Secretary of Agriculture) to issue permits for exploration for oil and gas, coal, oil shale, phosphate,

potassium, sulphur, gilsonite or geothermal resources by means not requiring construction of

roads or improvement of existing roads if such

activity is conducted in a manner compatible

with the preservation of the wilderness environment.

(Feb. 25, 1920, ch. 85, §43, as added Pub. L.

100–203, title V, §5112, Dec. 22, 1987, 101 Stat.

1330–262; amended Pub. L. 100–443, §5(c), Sept. 22,

1988, 102 Stat. 1768.)

REFERENCES IN TEXT

The Geothermal Steam Act of 1970, referred to in subsec. (a), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566,

which is classified principally to chapter 23 (§1001 et

seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 1001 of this title and Tables.

AMENDMENTS

1988—Subsec. (a). Pub. L. 100–443, §5(c)(1), inserted ‘‘or

under the Geothermal Steam Act of 1970’’ after ‘‘under

this chapter’’ and directed that ‘‘oil and gas’’ be stricken which was executed by striking those words where

they appeared after ‘‘not issue any’’ in introductory

provisions, but not where they appeared in par. (3) as

the probable intent of Congress.

Subsec. (b). Pub. L. 100–443, §5(c)(2), inserted ‘‘, coal,

oil shale, phosphate, potassium, sulphur, gilsonite or

geothermal resources’’ after ‘‘oil and gas’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1027 of this title.

§§ 226a, 226b. Repealed. Aug. 8, 1946, ch. 916, § 14,

60 Stat. 958

Section 226a, act July 8, 1940, ch. 548, 54 Stat. 742, related to lease of lands not within known productive

field. See section 226 of this title.

Section 226b, acts July 29, 1942, ch. 534, §1, 56 Stat.

726; Dec. 22, 1943, ch. 376, 57 Stat. 608; Sept. 27, 1944, ch.

429, 58 Stat. 755; Nov. 30, 1945, ch. 495, 59 Stat. 587, related to preference right to new oil and gas lease upon expiration of five-year non-competitive oil and gas lease.

See section 226 of this title.

SAVINGS PROVISION

See note set out under section 181 of this title.

§ 226c. Reduction of royalties under existing

leases

From and after August 8, 1946, the royalty obligation to the United States under all leases requiring payment of royalty in excess of 121

⁄2 per

centum, except leases issued or to be issued

upon competitive bidding, is reduced to 121

⁄2 per

centum in amount or value of production removed or sold from said leases as to (1) such

leases, or such part of the lands subject thereto,

and the deposits underlying the same, as are not

believed to be within the productive limits of

any oil or gas deposit, as such productive limits

are found by the Secretary to exist on August 8,

1946, and (2) any production on a lease from an

oil or gas deposit which was discovered after

May 27, 1941, by a well or wells drilled within the

boundaries of the lease, and which is determined

by the Secretary to be a new deposit; and (3) any

production on or allocated to a lease pursuant to

an approved unit or cooperative agreement from

an oil or gas deposit which was discovered after

May 27, 1941, on land committed to such agreement, and which is determined by the Secretary

to be a new deposit, where such lease was included in such agreement at the time of discov-