§ 226-3. — Lands not subject to oil and gas leasing.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 30USC226-3]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 3A--LEASES AND PROSPECTING PERMITS
SUBCHAPTER IV--OIL AND GAS
Sec. 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, Sec. 43, as added Pub. L. 100-203, title V,
Sec. 5112, Dec. 22, 1987, 101 Stat. 1330-262; amended Pub. L. 100-443,
Sec. 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 (Sec. 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, Sec. 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, Sec. 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.