Section 226 - Lease of oil and gas lands

5 Analyses of this statute by attorneys

  1. Early Drill-Down on Biden Administration Oil and Gas Policy

    McGuireWoods LLPAnthony CarnaFebruary 2, 2021

    The Mineral Leasing Act of 1920 also requires the federal government to hold quarterly lease sales for oil and gas on public lands. See 30 U.S.C ยง 226(B)(1)(a), โ€œLease sales shall be held for each State where eligible lands are available at least quarterly and more frequently if the Secretary of the Interior determines such sales are necessary.โ€The full extent of litigation challenging the Biden administrationโ€™s imminent rules and regulations aimed at the oil and gas industry is also unclear.

  2. Biden Administration Issues Temporary Suspension of BLM/BIA Approvals

    Holland & Hart LLPAngela FranklinJanuary 25, 2021

    For instance, under the Mineral Leasing Act, the Secretary is authorized to issue leases for oil and gas, approve assignments and unit or communitization agreements, and issue APDs. 30 USC ยงยง 226(a), (g), (m), (p). Furthermore, under the Reorganization Plan No. 3 of 1950, Section 1, all functions of all other officers of the Department of Interior and all functions of all agencies and employees of the Department are transferred to the Secretary.

  3. Bidenโ€™s First Climate Actions Drill Down on Oil and Gas Leasing in the Arctic, and Beyond

    Akin Gump Strauss Hauer & Feld LLPStacey MitchellJanuary 25, 2021

    League of Conservation Voters v. Trump, 363 F. Supp. 3d 1013 (D. Alaska 2019). The Order provides a few exceptions, such as where conditions exist that could pose human health or safety risks or adverse impacts to public lands or mineral resources.See, e.g., 30 U.S.C. ยง 201(a)(1) (discretion to offer leases for lands containing coal); 30 U.S.C. ยง 226(g) (discretion to set standards related to financial arrangements, ensuring reclamation of lease tracts, and restoration of any lands or surface waters adversely affected by lease operations); 43 U.S.C. ยง 1344(a)(2)(G) (allowing DOI to base the โ€œtiming and locationโ€ of oil and gas offshore activities on โ€œthe relative environmental sensitivity and marine productivityโ€ of the outer continental shelf).

  4. Department of the Interior Releases Proposed Rule to Reduce Waste of Natural Gas

    Stinson Leonard Street LLPMatthew SalzmanFebruary 8, 2016

    Conversely, all loss of gas not specifically found unavoidable is considered โ€œavoidableโ€ and, therefore, subject to royalties.Royalty provisions for new competitive leases With regard to the royalty rates applicable to onshore oil and gas leases, the proposed rule purports to do three things: (1) make clear that the royalty rate on all existing leases would remain at the same rate prescribed in the lease or regulations applicable at the time of lease issuance; (2) specify the fixed statutory rate of 12.5 percent, located at 30 U.S.C. ยง 226(c)(1), for all non-competitive leases issued after the ruleโ€™s effective date; and (3) for competitive leases issued after the effective date of the rule, align the rule text with the corresponding MLA text, which would allow the BLM to set royalty rates at or above 12.5 percent.

  5. CBD v. Salazar And The Way Forward For Fracking In Federal Minerals

    Perkins Coie LLPApril 18, 2013

    At the final stage before drilling may proceed, BLM reviews an Application for a Permit to Drill (APD) a well, which it must approve before any โ€œdrilling operationsโ€ or โ€œsurface disturbance preliminary thereto.โ€ 30 U.S.C. ยง226(g); 43 C.F.R. ยง3162.3-1(c). BLM may condition its approval of an APD on additional reasonable terms and conditions that ensure consistency with the RMP.