§ 228. — Prospecting permits and leases to persons of lands not withdrawn; terms and conditions of; fraud of claimants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC228]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 3A--LEASES AND PROSPECTING PERMITS
SUBCHAPTER IV--OIL AND GAS
Sec. 228. Prospecting permits and leases to persons of lands not
withdrawn; terms and conditions of; fraud of claimants
Any person who on October 1, 1919, was a bona fide occupant or
claimant of oil or gas lands under a claim initiated while such lands
were not withdrawn from oil or gas location and entry, and who had
previously performed all acts under then existing laws necessary to
valid locations thereof except to make discovery, and upon which
discovery had not been made prior to February 25, 1920, and who has
performed work or expended on or for the benefit of such locations an
amount equal in the aggregate of $250 for each location if application
therefor shall be made within six months from February 25, 1920, shall
be entitled to prospecting permits thereon upon the same terms and
conditions, and limitations as to acreage, as other permits provided for
in this chapter, or where any such person has made such discovery, prior
to said February 25, 1920, he shall be entitled to a lease thereon under
such terms as the Secretary of the Interior may prescribe unless
otherwise provided for in section 227 \1\ of this title: Provided, That
where such prospecting permit is granted upon land within any known
geologic structure of a producing oil or gas field, the royalty to be
fixed in any lease thereafter granted thereon or any portion thereof
shall be not less than 12\1/2\ per-centum of all the oil or gas produced
except oil or gas used for production purposes on the claim, or
unavoidably lost: Provided, however, That the provisions of this section
shall not apply to lands reserved for the use of the Navy. No claimant
for a permit or lease who has been guilty of any fraud or who had
knowledge or reasonable grounds to know of any fraud, or who has not
acted honestly and in good faith shall be entitled to any of the
benefits of this section.
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\1\ See References in Text note below.
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All permits or leases hereunder shall inure to the benefit of the
claimant and all persons claiming through or under him by lease,
contract, or otherwise, as their interests may appear.
(Feb. 25, 1920, ch. 85, Sec. 19, 41 Stat. 445.)
References in Text
Section 227 of this title, referred to in text, was omitted from the
Code.
Section Referred to in Other Sections
This section is referred to in title 10 sections 7421, 7435.
