Coal leases
ProvidedProvided, furtherNo person, association, or corporation, or any subsidiary, affiliate, or persons controlled by or under common control with such person, association, or corporation shall take, hold, own or control at one time, whether acquired directly from the Secretary under this chapter or otherwise, coal leases or permits on an aggregate of more than 75,000 acres in any one State and in no case greater than an aggregate of 150,000 acres in the United States: , That any person, association, or corporation currently holding, owning, or controlling more than an aggregate of 150,000 acres in the United States on the date of enactment of this section shall not be required on account of this section to relinquish said leases or permits: , That in no case shall such person, association, or corporation be permitted to take, hold, own, or control any further Federal coal leases or permits until such time as their holdings, ownership, or control of Federal leases or permits has been reduced below an aggregate of 150,000 acres within the United States.
Sodium leases or permits, acreage
Phosphate leases, acreage
No person, association, or corporation shall take, hold, own, or control at one time, whether acquired directly from the Secretary under this chapter, or otherwise, phosphate leases or permits on an aggregate of more than twenty thousand four hundred and eighty acres in the United States.
Oil or gas leases, acreage, Alaska; options, semi-annual statements
Association or stockholder interests, conditions; combined interests
Limitations on other sections; combined interests permitted for certain purposes
Nothing contained in subsection (e) of this section shall be construed (i) to limit sections 227, 228, 251 of this title or (ii), subject to the approval of the Secretary, to prevent any number of lessees under this chapter from combining their several interests so far as may be necessary for the purpose of constructing and carrying on the business of a refinery or of establishing and constructing, as a common carrier, a pipeline or railroad to be operated and used by them jointly in the transportation of oil from their several wells or from the wells of other lessees under this chapter or in the transportation of coal or (iii) to increase the acreage which may be taken, held, owned, or controlled under this section.
Forbidden interests acquired by descent, will, judgment, or decree; permissible holding period
Any ownership or interest otherwise forbidden in this chapter which may be acquired by descent, will, judgment, or decree may be held for two years after its acquisition and no longer.
Cancellation, forfeiture, or disposal of interests for violation; bona fide purchasers and other valid interests; sale by Secretary; record of proceedings
Bona fide purchasers, conditions for obtaining dismissals
Effective , any person, association, or corporation who is a party to any proceeding with respect to a violation of any provision of this chapter, whether initiated prior to said date or thereafter, shall have the right to be dismissed promptly as such a party upon showing that he holds and acquired as a bona fide purchaser the interest involving him as such a party without violating any provisions of this chapter. No hearing upon any such showing shall be required unless the Secretary presents prima facie evidence indicating a possible violation of this chapter on the part of the alleged bona fide purchaser.
Waiver or suspension of rights
If during any such proceeding, a party thereto files with the Secretary a waiver of his rights under his lease (including particularly, where applicable, rights to drill and to assign) or if such rights are suspended by the Secretary pending a decision in the proceeding, whether initiated prior to enactment of this chapter or thereafter, payment of rentals and running of time against the term of the lease or leases involved shall be suspended as of the first day of the month following the filing of the waiver or suspension of the rights until the first day of the month following the final decision in the proceeding or the revocation of the waiver or suspension.
Unlawful trusts; forfeiture
Except as otherwise provided in this chapter, if any lands or deposits subject to the provisions of this chapter shall be subleased, trusteed, possessed, or controlled by any device permanently, temporarily, directly, indirectly, tacitly, or in any manner whatsoever, so that they form a part of or are in any wise controlled by any combination in the form of an unlawful trust, with the consent of the lessee, optionee, or permittee, or form the subject of any contract or conspiracy in restraint of trade in the mining or selling of coal, phosphate, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons), gas, or sodium entered into by the lessee, optionee, or permittee or any agreement or understanding, written, verbal, or otherwise, to which such lessee, optionee, or permittee shall be a party, of which his or its output is to be or become the subject, to control the price or prices thereof or of any holding of such lands by any individual, partnership, association, corporation, or control in excess of the amounts of lands provided in this chapter, the lease, option, or permit shall be forfeited by appropriate court proceedings.
Rules and regulations; notice to and consultation with Attorney General; application of antitrust laws; definitions
Feb. 25, 1920, ch. 85, § 2741 Stat. 448Apr. 30, 1926, ch. 19744 Stat. 373July 3, 1930, ch. 854, § 146 Stat. 1007Mar. 4, 1931, ch. 50646 Stat. 1524Aug. 8, 1946, ch. 916, § 660 Stat. 954June 1, 1948, ch. 36562 Stat. 285June 3, 1948, ch. 379, § 662 Stat. 291Aug. 2, 1954, ch. 65068 Stat. 648Pub. L. 85–12271 Stat. 341Pub. L. 85–69872 Stat. 688Pub. L. 86–294, § 173 Stat. 571Pub. L. 86–391, § 1(c)74 Stat. 8Pub. L. 86–705, § 374 Stat. 785Pub. L. 88–526, § 178 Stat. 710Pub. L. 88–54878 Stat. 754Pub. L. 94–37790 Stat. 1090Pub. L. 97–78, § 1(2)95 Stat. 1070Pub. L. 106–191, § 2114 Stat. 232Pub. L. 106–463, § 3114 Stat. 2011Pub. L. 109–58, title III, § 352119 Stat. 714(, ; , ; , ; , ; , ; , ; , ; , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 11, 15, , , 1091; , (5), , ; , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 94–377The date of enactment of this section, referred to in subsec. (a), probably means the date of enactment of , which was .
lact July 2, 1890, ch. 64726 Stat. 209section 1 of Title 15The Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies”, approved , referred to in subsec. ()(4)(A), is , , as amended, known as the Sherman Act, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
lact Oct. 15, 1914, ch. 32338 Stat. 730section 12 of Title 15The Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved , referred to in subsec. ()(4)(B), is , , as amended, known as the Clayton Act, and is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under and Tables.
lact Sept. 26, 1914, ch. 31138 Stat. 717section 58 of Title 15The Federal Trade Commission Act, referred to in subsec. ()(4)(C), is , , which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see and Tables.
lact June 19, 1936, ch. 59249 Stat. 1526section 13 of Title 15section 13 of Title 15Act of , chapter 592, referred to in subsec. ()(4)(E), is , , known as the Robinson-Patman Antidiscrimination Act and also as the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of Title 15, Commerce and Trade, and amended . For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Codification
lPub. L. 89–554, § 7(b)80 Stat. 631In subsec. ()(2), “subchapter II of chapter 5 of title 5” substituted for “the Administrative Procedure Act” on authority of , , , the first section of which enacted Title 5, Government Organization and Employees.
Amendments
Pub. L. 109–582005—Subsec. (d)(1). inserted “, and acreage under any lease any portion of which has been committed to a federally approved unit or cooperative plan or communitization agreement or for which royalty (including compensatory royalty or royalty in-kind) was paid in the preceding calendar year,” after “acreage held in special tar sand areas”.
Pub. L. 106–4632000—Subsec. (a). inserted heading, struck out “(1)” before “No person”, substituted “75,000 acres” for “forty-six thousand and eighty acres”, and substituted “150,000 acres” for “one hundred thousand acres” wherever appearing.
Pub. L. 106–191Subsec. (b)(2). substituted “30,720 acres” for “fifteen thousand three hundred and sixty acres”.
Pub. L. 97–78, § 1(5)1981—Subsec. (d)(1). , inserted proviso that acreage held in special tar sand areas not be chargeable against State limitations.
Pub. L. 97–78, § 1(2)Subsec. (k). , substituted “gilsonite (including all vein-type solid hydrocarbons)” for “native asphalt, solid and semisolid bitumen, bituminous rock”.
Pub. L. 94–377, § 11(a)1976—Subsec. (a)(1). , inserted “or any subsidiary, affiliate, or persons controlled by or under common control with such person, association, or corporation” before “shall take, hold, own or control”, “and in no case greater than an aggregate of one hundred thousand acres in the United States” after “in any one State,” proviso relating to non-relinquishment of leases or permits by an entity owning or controlling more than an aggregate of one hundred thousand acres, and proviso prohibiting ownership or control of further Federal leases or permits until reduction to below an aggregate of one hundred thousand acres.
Pub. L. 94–377, § 11(b)Subsec. (a)(2). , struck out par. (2) providing for application, hearing and granting of additional acreage, not to exceed 5120 acres in any one State, to a person, association or corporation requiring such extra acreage to carry on business economically, and the subsequent reevaluation of such entity’s continuing need for such extra acreage.
lPub. L. 94–377, § 15lSubsec. (). , added subsec. ().
Pub. L. 88–5261964—Subsec. (a)(1). struck out “, except as otherwise provided in this subsection,” after “corporation” and increased aggregate number of acres from 10,240 to 46,080 acres.
Pub. L. 88–548Subsec. (c). increased aggregate number of acres from 10,240 to 20,480 acres.
Pub. L. 86–7051960— generally revised provisions and divided them into subsecs. (a) to (k). Other changes concerned: maximum acreage in Alaska, unreported options, their unenforceability, form for notice of options, party to give notice, inclusion of options in acreage determinations, charge of association or corporate holdings against principal stockholders, hearings requirement based upon prima facie evidence of violations, running of time against a lease and the payment of rentals during a waiver or suspension of a lessee’s rights.
Pub. L. 86–391 authorized issuance of phosphate permits.
Pub. L. 86–2941959— inserted provision that the right of cancellation or forfeiture for violations shall not apply so as to affect adversely the interest of a bona fide purchaser in a lease acquired in conformity with acreage limitations; that bona fide purchasers in such situations have the right to be dismissed as parties from proceedings; and that if a party to proceedings files waiver of rights to drill or assigns his interests, or if such rights are suspended pending decision, he shall, if he is not in violation of provisions, have the right to have his interest extended for a period of time equal to the period between filing of waiver or order of suspension and final decision, without payment of rental.
Pub. L. 85–6981958— increased limitation on acreage which may be taken or held under coal leases or permits in any one State from 5,120 to 10,240 acres, permitted applications for additional coal leases or permits not exceeding 5,120 additional acres in the State, provided for hearings on such applications, authorized reevaluation and cancellation of leases and permits for additional acreage, and prohibited assignment, transfer, or sale of any of the additional acreage without the Secretary’s approval.
Pub. L. 85–1221957— struck out “or permits exceeding in the aggregate five thousand one hundred and twenty acres in any one State, and” after “phosphate leases” in second sentence.
1954—Act , increased acreage that any one person can hold in the aggregate from fifteen thousand three hundred and sixty acres to forty-six thousand and eighty acres, increased number of acres that can be held under option from one hundred thousand acres to two hundred thousand acres, and extended terms of the option from 2 to 3 years.
1948—Act , substituted in second proviso “within two years after the passage of this Act” for “on or before ” in order to allow options to be exercised up to that time.
Act , increased aggregate acreage allowed one person, etc., from two thousand five hundred and sixty acres to five thousand one hundred and twenty acres of coal or sodium leases, and increased the aggregate acreage allowed one person, etc., from seven thousand six hundred and eighty acres to fifteen thousand three hundred and sixty acres of oil or gas leases.
1946—Act , principally doubled amount of land that may be leased by any person or corporation in any one State and abolished former acreage limitation of 2,560 acres on one structure; excluded operating contracts and leases held in common from definition of “association”; inserted provisions relating to options; and omitted provisions relating to cooperative or unit plans and operating, drilling or development contracts.
1931—Act , amended section generally.
1930—Act , amended section generally.
1926—Act , amended section generally.
Statutory Notes and Related Subsidiaries
Effective Date of 1959 Amendment
Pub. L. 86–294, § 273 Stat. 571
Savings Provision
section 181 of this titleSee note set out under .
Pub. L. 94–377, § 11(b)90 Stat. 1090, , , provided in part that the repeal by section 11(b) of subsec. (a)(2) of this section is subject to valid existing rights.
Transfer of Functions
lsection 7152(b) of Title 42Section 7152(b) of Title 42Pub. L. 97–100, title II, § 20195 Stat. 1407Functions of Secretary of the Interior, referred to in subsec. (), to promulgate regulations under this chapter relating to the fostering of competition for Federal leases, the implementation of alternative bidding systems authorized for the award of Federal leases, the establishment of diligence requirements for operations conducted on Federal leases, the setting of rates for production of Federal leases, and the specifying of the procedures, terms, and conditions for the acquisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by , The Public Health and Welfare. was repealed by , , , and functions of Secretary of Energy returned to Secretary of the Interior. See House Report No. 97–315, pp. 25, 26, .
Findings
Pub. L. 106–463, § 2114 Stat. 2010
Pub. L. 106–191, § 1114 Stat. 231
Executive Documents
Admission of Alaska as State
Pub. L. 85–50872 Stat. 339section 21 of Title 48Admission of Alaska into the Union was accomplished , on issuance of Proc. No. 3269, , 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of , , , set out as notes preceding , Territories and Insular Possessions.