Title 30 — Mineral Lands and Mining
Chapter 3A — Leases and Prospecting Permits
§ 187a. Oil or gas leases; partial assignments
Statutory text
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:
A separate zone or deposit under any lease.
A part of a legal subdivision.
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 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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Feb. 25, 1920, ch. 85, § 30A, formerly § 30a, as added Aug. 8, 1946, ch. 916, § 7, 60 Stat. 955 · 60 Stat. 955
Enacted · 30 U.S.C. § 187a
Feb. 25, 1920, ch. 85, § 30A, formerly § 30a, as added Aug. 8, 1946, ch. 916, § 7, 60 Stat. 955
Source evidence
Code source credit
Feb. 25, 1920, ch. 85, § 30A, formerly § 30a, as added Aug. 8, 1946, ch. 916, § 7, 60 Stat. 955Mineral Leasing Act Revision of 1960
Pub. L. 86–705 § 6 · 74 Stat. 781
Amended · 30 U.S.C. § 187a
Pub. L. 86–705 amended last sentence to restrict automatic extensions after Sept. 2, 1960
Source evidence
Code amendment note
Pub. L. 86–705 amended last sentence to restrict automatic extensions after Sept. 2, 1960.Enacted provision · exact public law section
Sec. 6. The last sentence of section 30(a) of the Act of February 25, 1920, as amended (30 U.S.C. 187a), is amended to read as follows: “Upon the segregation by an assignment of a lease issued after the effective date of the Mineral Leasing Act Revision of 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 loner thereafter as oil or gas is produced in paying quantities.” The provisions of this section 6 shall not be applicable to any lease issued prior to the effective date of this Act.Pub. L. 100–203 title V § 5103 · 101 Stat. 1330
Substituted · 30 U.S.C. § 187a
Pub. L. 100–203 substituted 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.”
Source evidence
Code amendment note
Pub. L. 100–203 substituted 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.”Enacted provision · exact public law section
SEC. 5103. ASSIGNMENTS. Sections 30(a) and 30(b) of the Act of February 25, 1920 (30 U.S.C. 187a, 187b), are redesignated as sections 30A and 30B, respectively, and the third sentence of section 30A, as so redesignated, is amended to read as follows: "The Secretary shall disapprove the assignment or sublease only for lack of qualification of the assignee or sublease 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 7 within 60 days of the date of receipt by the Secretary of a request for such approval.”.
2 of 3 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1954–1987 · 3 rounds
1987
Pub. L. 100–203 substituted 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. 86–705 amended last sentence to restrict automatic extensions after .
1954
Act , authorized partial assignment of a lease in its extended term regardless of reason for extension.
Statutory Notes and Related Subsidiaries
Savings Provision
See note set out under section 181 of this title.
Leases Issued Prior to September 2, 1960
Pub. L. 86–705, § 6, , 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 [].”
Credits
1920–1987 · 4 acts
- 1920Feb. 25, 1920, ch. 85, § 30A, formerly § 30a, as added Aug. 8, 1946, ch. 916, § 7, 60 Stat. 955
- 1954amended July 29, 1954, ch. 644, § 1(6), 68 Stat. 585
- 1960Pub. L. 86–705, § 6, , 74 Stat. 790
- 1987renumbered § 30A and amended Pub. L. 100–203, title V, § 5103, , 101 Stat. 1330–258.
Show as published
(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, , 74 Stat. 790; renumbered § 30A and amended Pub. L. 100–203, title V, § 5103, , 101 Stat. 1330–258.)