---
kind: "section"
citation: "43 C.F.R. § 3101.23"
title: "43"
number: "3101.23"
heading: "Excepted acreage."
url: "https://uscodex.org/cfr/43/3101.23"
---

# §3101.23. Excepted acreage.

- (a) The following acreage will not be included in computing acreage limitations:
  - (1) Acreage under any lease any portion of which is committed to any federally approved oil and gas agreement;
  - (2) Acreage under any lease for which royalty (including compensatory royalty or royalty in-kind) was paid in the preceding calendar year; and
  - (3) Acreage under leases subject to an operating, drilling or development contract approved by the Secretary, as provided in [43 CFR 3105.30](/cfr/43/3105.30.md).
- (b) Acreage subject to offers to lease, overriding royalties and payments out of production will not be included in computing acreage limitations.

## Notes

### Authority

Authority: 25 U.S.C. 396d and 2107; 30 U.S.C. 189, 306, 359, and 1751; 43 U.S.C. 1701 et seq.; and 42 U.S.C. 15801.

### Source

Source: 89 FR 30966, Apr. 23, 2024, unless otherwise noted.