30 U.S.C. § 229 — Preference right to permits or leases of claimants of lands bona fide entered as agricultural land; terms and conditions

submitted 106 years ago by ch. 85 to r/title-30-MINERAL-LANDS-AND-MINING · 173 words · no verdicts yet

in plain englishAI-generated · not legal advice

People who legally claimed farmland — not railroad land — before it was known to contain minerals get first choice on mining permits and leases if minerals are later found. Nearby claim holders can combine up to 2,560 acres to apply together. Leases on this land must charge a royalty of at least 12.5 percent on areas outside the discovery lease.

This section applies to land that someone legally claimed as farmland, back when it had not been set aside or classified as containing minerals, and that was not claimed under a railroad land grant. The person who originally claimed or received the patent for that land — or whoever it was legally assigned to before January 1, 1918 — gets first choice, called a "preference right," to a mining permit and lease if minerals are later discovered, as long as the mineral rights were reserved when the land was patented. Within an area no bigger than a township, these claim holders and patent holders can combine their land, up to a total of 2,560 acres, to apply for a permit together. Any lease covering only this kind of claimed land must charge a royalty of at least 12.5 percent on the parts of the permit area that are not already part of the discovery lease the permit holder gets under section 223.

the actual law source: uscode.house.gov ↗public domain

In the case of lands bona fide entered as agricultural, and not withdrawn or classified as mineral at the time of entry, but not including lands claimed under any railroad grant, the entryman or patentee, or assigns, where assignment was made prior to January 1, 1918, if the entry has been patented with the mineral right reserved, shall be entitled to a preference right to a permit and to a lease, as herein provided, in case of discovery; and within an area not greater than a township such entryman and patentees, or assigns holding restricted patents may combine their holdings, not to exceed two thousand five hundred and sixty acres for the purpose of making joint application. Leases executed under this section and embracing only lands so entered shall provide for the payment of a royalty of not less than 12½ per centum as to such areas within the permit as may not be included within the discovery lease to which the permittee is entitled under section 223 of this title.

Source credit: (Feb. 25, 1920, ch. 85, § 20, 41 Stat. 445.)

history & why it existsrecord from the source credit

1920Enacted · Act of Feb. 25, 1920, ch. 85 · 41 Stat. 445

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

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