---
kind: "section"
citation: "43 C.F.R. § 3109.11"
title: "43"
number: "3109.11"
heading: "Generally."
url: "https://uscodex.org/cfr/43/3109.11"
---

# §3109.11. Generally.


The Act of May 21, 1930 ([30 U.S.C. 301-306](/usc/30/301-306.md)), authorizes either the leasing of oil and gas deposits under railroad and other rights-of-way to the owner of the right-of-way or the entering of a compensatory royalty agreement with adjoining landowners. This authority will be exercised only with respect to railroad rights-of-way and easements issued pursuant either to the Act of March 3, 1875 (43 U.S.C.934 et seq.), or pursuant to earlier railroad right-of-way statutes, and with respect to rights-of-way and easements issued pursuant to the Act of March 3, 1891 ([43 U.S.C. 946](/usc/43/946.md) et seq.). The oil and gas underlying any other right-of-way or easement is included within any oil and gas lease issued pursuant to the Act which covers the lands within the right-of-way, subject to the limitations on use of the surface, if any, set out in the statute under which, or permit by which, the right-of-way or easement was issued, and such oil and gas will not be leased under the Act of May 21, 1930.


## 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.