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30 U.S.C. § 187bOil or gas leases; written relinquishment of rights; release of obligations

submitted 106 years ago by ch. 85 to r/title-30-MINERAL-LANDS-AND-MINING · 172 words · no verdicts yet

in plain englishAI-generated · not legal advice

A lessee can give up all or part of an oil or gas lease by filing written notice. This takes effect on the filing date, but unpaid rent, royalties, and well cleanup are still owed. Giving it up doesn't erase liability for past broken promises, except the promise to drill.

This section overrides the general lease rule in section 187 and lets a lessee walk away from an oil or gas lease more easily. At any time, a lessee can file a written relinquishment — giving up all rights — either to an entire oil or gas lease issued under this chapter, or to just one legal subdivision of the leased land. This takes effect as soon as it's filed. But relinquishing the lease doesn't erase every duty. The lessee (and their bonding company) must still pay all rent and royalties that have already built up, and must put any wells on the relinquished land into proper condition for suspension or abandonment, following the lease's terms and the regulations. Once that's done, the lessee is released from any future duties on the relinquished land. However, relinquishing the lease does not release the lessee or their bond from liability for already having broken some other lease obligation — except that it does release them from liability for failing to drill.
the actual law source: uscode.house.gov ↗public domain

Notwithstanding any provision to the contrary in section 187 of this title, a lessee may at any time make and file in the appropriate land office a written relinquishment of all rights under any oil or gas lease issued under the authority of this chapter or of any legal subdivision of the area included within any such lease. Such relinquishment shall be effective as of the date of its filing, subject to the continued obligation of the lessee and his surety to make payment of all accrued rentals and royalties and to place all wells on the lands to be relinquished in condition for suspension or abandonment in accordance with the applicable lease terms and regulations; thereupon the lessee shall be released of all obligations thereafter accruing under said lease with respect to the lands relinquished, but no such relinquishment shall release such lessee, or his bond, from any liability for breach of any obligation of the lease, other than an obligation to drill, accrued at the date of the relinquishment.

Source credit: (Feb. 25, 1920, ch. 85, § 30B, formerly § 30b, as added Aug. 8, 1946, ch. 916, § 8, 60 Stat. 956; renumbered § 30B, Pub. L. 100–203, title V, § 5103, Dec. 22, 1987, 101 Stat. 1330–258.)

history & why it existsrecord from the source credit
  • 1920Enacted · Act of Feb. 25, 1920, ch. 85 · 60 Stat. 956
  • 1987Amended · Pub. L. 100-203 · 101 Stat. 1330

A history note hasn’t been published yet. The record shows enactment by ch. 85 on 1920-02-25.

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