§ 251. — Leases to claimants of withdrawn lands; terms and conditions; acreage; annual rentals and royalties; fraud of claimants.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: 30USC251]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 3A--LEASES AND PROSPECTING PERMITS
SUBCHAPTER VI--ALASKA OIL PROVISO
Sec. 251. Leases to claimants of withdrawn lands; terms and
conditions; acreage; annual rentals and royalties; fraud of
claimants
Any bona fide occupant or claimant of oil or gas bearing lands in
the Territory of Alaska, who, or whose predecessors in interest, prior
to withdrawal had complied otherwise with the requirements of the mining
laws, but had made no discovery of oil or gas in wells and who prior to
withdrawal had made substantial improvements for the discovery of oil or
gas on or for each location or had prior to February 25, 1920 expended
not less than $250 in improvements on or for each location shall be
entitled, upon relinquishment or surrender to the United States within
one year from February 25, 1920, or within six months after final denial
or withdrawal of application for patent, to a lease or leases, under
this chapter covering such lands, not exceeding five leases in number
and not exceeding an aggregate of one thousand two hundred and eighty
acres in each: Provided, That the annual lease rentals for lands in the
Territory of Alaska not within any known geological structure of a
producing oil or gas field and the royalty payments from production of
oil or gas sold or removed from such lands shall be identical with those
prescribed for such leases covering similar lands in the States of the
United States, except that leases which may issue pursuant to
applications or offers to lease such lands, which applications or offers
were filed prior to and were pending on May 3, 1958, shall require the
payment of 25 cents per acre as lease rental for the first year of such
leases; but the aforesaid exception shall not apply in any way to
royalties to be required under leases which may issue pursuant to offers
or applications filed prior to May 3, 1958.
The Secretary of the Interior shall neither prescribe nor approve
any cooperative or unit plan of development or operation nor any
operating, drilling, or development contract establishing different
royalty or rental rates for Alaska lands than for similar lands within
the States of the United States.
No claimant for a 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.
(Feb. 25, 1920, ch. 85, Sec. 22, 41 Stat. 446; Pub. L. 85-505, Sec. 10,
July 3, 1958, 72 Stat. 324.)
Amendments
1958--Pub. L. 85-505 struck out provisions which related to
prospecting permits, provided that the annual lease rentals and royalty
payments shall be identical with those prescribed for leases covering
similar lands in the States of the United States, permitted a payment of
25 cents per acre as lease rental for the first year of the lease in
those leases issued pursuant to applications or offers filed prior to
and pending on May 3, 1958, and prohibited the Secretary from
prescribing or approving any cooperative or unit plan of development or
operation or any operating, drilling, or development contract
establishing different royalty or rental rates for Alaska lands than for
similar lands within the States of the United States.
Admission of Alaska as State
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on
issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as
required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72
Stat. 339, set out as notes preceding section 21 of Title 48,
Territories and Insular Possessions.
Section Referred to in Other Sections
This section is referred to in title 10 sections 7421, 7435.
