Section 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.(b) Acreage subject to offers to lease, overriding royalties and payments out of production will not be included in computing acreage limitations.