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US (United States) Code. Title 30. Chapter 3A: Leases and prospecting permits

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-CITE-

30 USC CHAPTER 3A - LEASES AND PROSPECTING PERMITS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

-HEAD-

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

181. Lands subject to disposition; persons entitled to

benefits; reciprocal privileges; helium rights

reserved.

182. Lands disposed of with reservation of deposits of

coal, etc.

183. Cancellation of prospecting permits.

184. Limitations on leases held, owned or controlled by

persons, associations or corporations.

(a) Coal leases.

(b) Sodium leases or permits, acreage.

(d) Oil or gas leases, acreage, Alaska; options,

semiannual statements.

(e) Association or stockholder interests,

conditions; combined interests.

(f) Limitations on other sections; combined

interests permitted for certain purposes.

(g) Forbidden interests acquired by descent, will,

judgment, or decree; permissible holding

period.

(h) Cancellation, forfeiture, or disposal of

interests for violation; bona fide purchasers

and other valid interests; sale by Secretary;

record of proceedings.

(i) Bona fide purchasers, conditions for obtaining

dismissals.

(j) Waiver or suspension of rights.

(k) Unlawful trusts; forfeiture.

(l) Rules and regulations; notice to and

consultation with Attorney General;

application of antitrust laws; definitions.

184a. Authorization of States to include in agreements for

conservation of oil and gas resources lands acquired

from United States.

185. Rights-of-way for pipelines through Federal lands.

(a) Grant of authority.

(b) Definitions.

(d) Width limitations.

(e) Temporary permits.

(f) Regulatory authority.

(g) Pipeline safety.

(h) Environmental protection.

(i) Disclosure.

(j) Technical and financial capability.

(k) Public hearings.

(l) Reimbursement of costs.

(m) Bonding.

(n) Duration of grant.

(o) Suspension or termination of right-of-way.

(p) Joint use of rights-of-way.

(q) Statutes.

(r) Common carriers.

(s) Exports of Alaskan North Slope oil.

(t) Existing rights-of-way.

(u) Limitations on export.

(v) State standards.

(w) Reports.

(x) Liability.

(y) Antitrust laws.

186. Reservation of easements or rights-of-way for working

purposes; reservation of right to dispose of surface

of lands; determination before offering of lease;

easement periods.

187. Assignment or subletting of leases; relinquishment of

rights under leases; conditions in leases for

protection of diverse interests in operation of

mines, wells, etc.; State laws not impaired.

187a. Oil or gas leases; partial assignments.

187b. Oil or gas leases; written relinquishment of rights;

release of obligations.

188. Failure to comply with provisions of lease.

(a) Forfeiture.

(b) Cancellation.

(d) Additional grounds for reinstatement.

(e) Conditions for reinstatement.

(f) Issuance of noncompetitive oil and gas lease;

conditions.

(g) Treatment of leases.

(h) Statutory provisions applicable to leases.

(i) Royalty reductions.

(j) Discretion of Secretary.

188a. Surrender of leases.

189. Rules and regulations; boundary lines; State rights

unaffected; taxation.

190. Oath; requirement; form; blanks.

191. Disposition of moneys received.

191a. Late payment charges under Federal mineral leases.

(a) Distribution of late payment charges.

(b) Effective date.

191b. Collection of unpaid and underpaid royalties and late

payment interest owed by lessees.

192. Payment of royalties in oil or gas; sale of such oil

or gas.

192a. Cancellation or modification of contracts.

192b. Application to contracts.

192c. Rules and regulations governing issuance of certain

leases; disposition of receipts.

193. Disposition of deposits of coal, and so forth.

193a. Preference right of United States to purchase coal for

Army and Navy; price for coal; civil actions;

jurisdiction.

194. Repealed.

195. Enforcement.

(a) Violations.

(b) Penalty.

(d) Corporations.

(e) Remedies, fines, and imprisonment.

(f) State civil actions.

196. Cooperative agreements; delegation of authority.

SUBCHAPTER II - COAL

201. Leases and exploration.

(a) Division into tracts; bidding and award;

negotiated sales on exercise of right-of-way

permits; leases to public agencies; fair

market value of leases; leases in National

Forests; comprehensive land-use plans; notice

of proposed lease offering.

(b) Exploration licenses; term; rights and

conditions; violations.

201-1 to 201b. Repealed or Omitted.

202. Common carriers; limitations of lease or permit.

202a. Consolidation of coal leases into logical mining unit.

(1) Approval by Secretary; public hearing;

definition.

(2) Mining plan; requirements.

(3) Conditions for approval.

(4) Amendment to lease.

(5) Leases issued before date of enactment of this

Act.

(6) Lessee required to form unit.

(7) Required acreage.

(8) Acreage limitations for coal leases not waived.

203. Additional contiguous or cornering lands allowed

lessees; application of production or mining plan

requirements and minimum royalty provisions.

204. Repealed.

205. Consolidation of leases.

206. Noncontiguous coal or phosphate tracts in single

lease.

207. Conditions of lease.

(a) Term of lease; annual rentals; royalties;

readjustment of conditions.

(b) Diligent development and continued operation;

suspension of condition on payment of advance

royalties.

208. Permits to take coal for local domestic needs without

royalty payments; corporation exclusion; area to

municipalities for household use without profit.

208-1. Exploratory program for evaluation of known

recoverable coal resources.

(a) Authorization; purpose.

(b) Seismic, geophysical, geochemical or

stratigraphic drilling.

contract to United States; confidentiality of

information prior to award of lease.

(d) Availability to public of all data,

information, maps, surveys; confidentiality of

information purchased from commercial sources

not under contract to United States prior to

award of lease.

(e) Information or data from Federal departments or

agencies; confidentiality of proprietary

information or data; utilization of Federal

departments and agencies by agreement.

(f) Publication of geological and geophysical maps

and reports of lands offered for lease.

(g) Implementation plan for coal lands exploration

program; development and transmittal to

Congress; contents.

(h) Stratigraphic drilling; scope; statement of

results.

208-2, 208a. Repealed.

209. Suspension, waiver, or reduction of rents or royalties

to promote development or operation; extension of

lease on suspension of operations and production.

SUBCHAPTER III - PHOSPHATES

211. Phosphate deposits.

(a) Authorization to lease land; terms and

conditions; acreage.

(b) Prospecting permits; issuance; term; acreage;

entitlement to lease.

212. Surveys; royalties; time payable; annual rentals; term

of leases; readjustment on renewals; minimum

production; suspension of operation.

213. Royalties for use of deposits of silica, limestone, or

other rock embraced in lease.

214. Use of surface of other public lands; acreage; forest

lands exception.

SUBCHAPTER IV - OIL AND GAS

221 to 222i. Omitted.

223. Leases; amount and survey of land; term of lease;

royalties and annual rental.

223a. Repealed.

224. Payments for oil or gas taken prior to application for

lease.

225. Condition of lease, forfeiture for violation.

226. Lease of oil and gas lands.

(a) Authority of Secretary.

(b) Lands within known geologic structure of a

producing oil or gas field; lands within

special tar sand areas; competitive bidding;

royalties.

first qualified applicant.

(d) Annual rentals.

(e) Primary terms.

(f) Notice of proposed action; posting of notice;

terms and maps.

(g) Regulation of surface-disturbing activities;

approval of plan of operations; bond or

surety; failure to comply with reclamation

requirements as barring lease; opportunity to

comply with requirements.

(h) National Forest System Lands.

(i) Termination.

(j) Drainage agreements; primary term of lease,

extension.

(k) Mining claims; suspension of running time of

lease.

(l) Exchange of leases; conditions.

(m) Cooperative or unit plan; authority of

Secretary of the Interior to alter or modify;

communitization or drilling agreements; term

of lease, conditions; Secretary to approve

operating, drilling or development contracts,

and subsurface storage.

(n) Conversion of oil and gas leases and claims on

hydrocarbon resources to combined hydrocarbon

leases for primary term of 10 years;

application.

(o) Certain outstanding oil and gas deposits.

226-1. Extension of noncompetitive oil or gas lease issued

before September 2, 1960.

(a) Lands not withdrawn from leasing.

(b) Known and unknown geologic structures of

producing fields.

(d) Commencement of actual drilling operations.

226-2. Limitations for filing oil and gas contests.

226-3. Lands not subject to oil and gas leasing.

(a) Prohibition.

(b) Exploration.

226a, 226b. Repealed.

226c. Reduction of royalties under existing leases.

226d to 227. Omitted.

228. Prospecting permits and leases to persons of lands not

withdrawn; terms and conditions of; fraud of

claimants.

229. Preference right to permits or leases of claimants of

lands bona fide entered as agricultural land; terms

and conditions.

229a. Water struck while drilling for oil and gas.

(a) Acquisition; condition in lease.

(b) Prior leases.

(d) Revolving fund.

(e) Operations under lease not restricted.

230 to 233. Repealed.

233a. Permits or leases of certain lands in Oklahoma;

retention of royalties.

234 to 236. Repealed.

236a. Lands in naval petroleum reserves and naval oil-shale

reserves; effect of other laws.

236b. Existing leases within naval petroleum reserves not

affected.

237. Omitted.

SUBCHAPTER V - OIL SHALE

241. Leases of lands.

(a) Authorization; survey; terms, royalties and

annual rentals; readjustments on renewals;

rights of existing claimants; fraud of

claimants.

(b) Offer for lease; deposits other than oil shale;

questioned validity because of location;

preference rights.

including all vein-type solid hydrocarbons.

(d) Considerations governing issuance of offsite

lease.

242. Oil shale claims.

(a) Notice.

(b) Full patent.

(d) Election.

(e) Effect of election.

(f) Reclamation.

(g) Reaffirmation of requirements.

(h) Issuance of patents.

SUBCHAPTER VI - ALASKA OIL PROVISO

251. Leases to claimants of withdrawn lands; terms and

conditions; acreage; annual rentals and royalties;

fraud of claimants.

SUBCHAPTER VII - SODIUM

261. Prospecting permits; lands included; acreage.

262. Leases to permittees; survey of lands; royalties and

annual rentals.

263. Permits to use or lease of nonmineral lands for camp

sites, and other purposes; annual rentals; acreage.

SUBCHAPTER VIII - SULPHUR

271. Prospecting permits; lands included; acreage.

272. Leases to permittees; privileges extended to oil and

gas permittees.

273. Lease of lands not covered by permits or leases;

acreage; rental.

274. Lands containing coal or other minerals.

275. Laws applicable.

276. Application of subchapter to Louisiana and New Mexico

only.

SUBCHAPTER IX - POTASH

281. Prospecting permits for chlorides, sulphates,

carbonates, borates, silicates, or nitrates of

potassium; authorization; acreage; lands affected.

282. Leases to permittees of lands showing valuable

deposits; royalty.

283. Lands containing valuable deposits not covered by

permits or leases; authority to lease; acreage;

conditions; renewals; exemptions from rentals and

royalties; suspension of operations.

284. Lands containing coal or other minerals in addition to

potassium deposits; issuance of prospecting permits

and leases; covenants in potassium leases.

285. Laws applicable.

286. Disposition of royalties and rents from potassium

leases.

287. Extension of prospecting permits.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 48, 49, 171, 351, 355,

505, 529, 530, 541e, 1003, 1004, 1005, 1256, 1292, 1721, 1721a of

this title; title 10 section 7439; title 16 sections 90c-1, 460q-5,

460v-4, 460dd-2, 460ll-3, 460mm-1, 460uu-46, 544l, 3148, 3149,

3183; title 25 sections 398e, 459c, 459d, 640d-10; title 43

sections 299, 315f, 1608, 1633, 1714, 1747.

-End-

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30 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

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30 USC Sec. 181 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 181. Lands subject to disposition; persons entitled to

benefits; reciprocal privileges; helium rights reserved

-STATUTE-

Deposits of coal, phosphate, sodium, potassium, oil, oil shale,

gilsonite (including all vein-type solid hydrocarbons), or gas, and

lands containing such deposits owned by the United States,

including those in national forests, but excluding lands acquired

under the Appalachian Forest Act, approved March 1, 1911 (36 Stat.

961), and those in incorporated cities, towns, and villages and in

national parks and monuments, those acquired under other Acts

subsequent to February 25, 1920, and lands within the naval

petroleum and oil-shale reserves, except as hereinafter provided,

shall be subject to disposition in the form and manner provided by

this chapter to citizens of the United States, or to associations

of such citizens, or to any corporation organized under the laws of

the United States, or of any State or Territory thereof, or in the

case of coal, oil, oil shale, or gas, to municipalities. Citizens

of another country, the laws, customs, or regulations of which deny

similar or like privileges to citizens or corporations of this

country, shall not by stock ownership, stock holding, or stock

control, own any interest in any lease acquired under the

provisions of this chapter.

The term "oil" shall embrace all nongaseous hydrocarbon

substances other than those substances leasable as coal, oil shale,

or gilsonite (including all vein-type solid hydrocarbons).

The term "combined hydrocarbon lease" shall refer to a lease

issued in a special tar sand area pursuant to section 226 of this

title after November 16, 1981.

The term "special tar sand area" means (1) an area designated by

the Secretary of the Interior's orders of November 20, 1980 (45 FR

76800-76801) and January 21, 1981 (46 FR 6077-6078) as containing

substantial deposits of tar sand.

The United States reserves the ownership of and the right to

extract helium from all gas produced from lands leased or otherwise

granted under the provisions of this chapter, under such rules and

regulations as shall be prescribed by the Secretary of the

Interior: Provided further, That in the extraction of helium from

gas produced from such lands it shall be so extracted as to cause

no substantial delay in the delivery of gas produced from the well

to the purchaser thereof.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 1, 41 Stat. 437; Feb. 7, 1927, ch. 66,

Sec. 5, 44 Stat. 1058; Aug. 8, 1946, ch. 916, Sec. 1, 60 Stat. 950;

Pub. L. 86-705, Sec. 7(a), Sept. 2, 1960, 74 Stat. 790; Pub. L.

97-78, Sec. 1(1), (4), Nov. 16, 1981, 95 Stat. 1070.)

-REFTEXT-

REFERENCES IN TEXT

The Appalachian Forest Act, referred to in the first undesignated

paragraph, is act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended,

also known as the Weeks Law, which is classified to sections 480,

500, 513 to 519, 521, 552 and 563 of Title 16, Conservation. For

complete classification of this Act to the Code, see Short Title

note set out under section 552 of Title 16 and Tables.

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-78, in first par., substituted "gilsonite

(including all vein-type solid hydrocarbons)," for "native asphalt,

solid and semisolid bitumen, and bituminous rock (including

oil-impregnated rock or sands from which oil is recoverable only by

special treatment after the deposit is mined or quarried)", and

added, after first par. three paragraphs which defined "oil",

"combined hydrocarbon lease", and "special tar sand area",

respectively.

1960 - Pub. L. 86-705 included deposits of native asphalt, solid

and semisolid bitumen, and bituminous rock.

1946 - Act Aug. 8, 1946, reenacted: existing par., less three

provisos, as first sentence of first par., inserting "potassium"

after "sodium", which was also included in the 1927 amendment, and

substituting provision for disposition of deposits "in incorporated

cities, towns, and villages, and in national parks and monuments,

those acquired under other Acts subsequent to February 25, 1920,

and lands within the naval petroleum and oil-shale reserves" for

such disposition "in national parks, and in lands withdrawn or

reserved for military or naval uses or purposes" and phrase

"associations of such citizens" for "any association of such

persons"; former third proviso as second sentence of first par.;

former first proviso, as second par., inserting reservation of

ownership provision and striking out "permitted" before "leased or

otherwise granted"; and former second proviso as proviso in second

par.

1927 - Act Feb. 7, 1927, included deposits of potassium.

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-463, Sec. 1, Nov. 7, 2000, 114 Stat. 2010, provided

that: "This Act [amending section 184 of this title and enacting

provisions set out as a note under section 184 of this title] may

be cited as the 'Coal Market Competition Act of 2000'."

Pub. L. 106-393, title V, Sec. 501, Oct. 30, 2000, 114 Stat.

1624, provided that: "This title [amending section 191 of this

title and enacting provisions set out as a note under section 191

of this title] may be cited as the 'Mineral Revenue Payments

Clarification Act of 2000'."

SHORT TITLE OF 1987 AMENDMENT

Pub. L. 100-203, title V, Sec. 5101(a), Dec. 22, 1987, 101 Stat.

1330-256, provided that: "This subtitle [subtitle B (Secs.

5101-5113) of Pub. L. 100-203, enacting sections 195 and 226-3 of

this title, amending sections 187a, 187b, 188, 191, and 226 of this

title and section 3148 of Title 16, Conservation, and enacting

provisions set out as notes under this section and section 226 of

this title] may be cited as the 'Federal Onshore Oil and Gas

Leasing Reform Act of 1987'."

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-78, Nov. 16, 1981, 95 Stat. 1070, which amended this

section and sections 182, 184, 209, 226, 241, 351, and 352 of this

title and enacted provisions set out as a note under this section,

is popularly known as the "Combined Hydrocarbon Leasing Act of

1981".

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-377, Sec. 1(a), Aug. 4, 1976, 90 Stat. 1083, as

amended by Pub. L. 95-554, Sec. 8, Oct. 30, 1978, 92 Stat. 2075,

provided that: "This Act [enacting sections 202a, 208-1, and 208-2

of this title, amending sections 184, 191, 201, 203, 207, 209, and

352 of this title, repealing sections 201-1 and 204 of this title,

and enacting provisions set out as notes under sections 184, 201,

201-1, 203, and 204 of this title] may be cited as the 'Federal

Coal Leasing Amendments Act of 1976'."

SHORT TITLE OF 1960 AMENDMENT

Section 1 of Pub. L. 86-705 provided: "That this Act [amending

this section and sections 182, 184, 187a, 226, 226-1, 226-2, and

241 of this title, and enacted provisions set out as notes under

sections 187a and 226 of this title] may be cited as the 'Mineral

Leasing Act Revision of 1960'."

SHORT TITLE

Act Feb. 25, 1920, ch. 85, Sec. 44, as added Dec. 22, 1987, Pub.

L. 100-203, title V, Sec. 5113, 101 Stat. 1330-263, provided that:

"This Act [enacting this chapter] may be cited as the 'Mineral

Leasing Act'."

This chapter is also popularly known as the "Mineral Leasing Act

of 1920" and the "Mineral Lands Leasing Act".

SAVINGS PROVISION

Provisions of Federal Land Policy and Management Act of 1976,

Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, not to be construed

as permitting any person to place, or allow to be placed, spent oil

shale, etc., on any Federal land other than land leased for the

recovery of shale oil under the act of Feb. 25, 1920, section 181

et seq. of this title, see section 701(d) of Pub. L. 94-579, set

out as a note under section 1701 of Title 43, Public Lands.

Section 15 of act Aug. 8, 1946, provided: "No repeal or amendment

made by this Act [enacting sections 187a, 187b, 226c-226e, and

236b, amending this section and sections 184, 188, 193, 209, 225,

226, and 285, and repealing sections 223a, 226a, and 226b of this

title] shall affect any right acquired under the law as it existed

prior to such repeal or amendment, and such right shall be governed

by the law in effect at the time of its acquisition; but any person

holding a lease on the effective date of this Act [Aug. 8, 1946]

may, by filing a statement to that effect, elect to have his lease

governed by the applicable provisions of this Act instead of by the

law in effect prior thereto."

CONSTRUCTION AND APPLICABILITY OF 1981 AMENDMENTS

Section 1(10), (11) of Pub. L. 97-78 provided that:

"(10) Nothing in this Act [see Short Title of 1981 Amendment note

above] shall affect the taxable status of production from tar sand

under the Crude Oil Windfall Profit Tax Act of 1980 (Public Law

96-223) [see Tables for classification], reduce the depletion

allowance for production from tar sand, or otherwise affect the

existing tax status applicable to such production.

"(11) No provision of this Act [see Short Title of 1981 Amendment

note above] shall apply to national parks, national monuments, or

other lands where mineral leasing is prohibited by law. The

Secretary of the Interior shall apply the provisions of this Act to

the Glen Canyon National Recreation Area, and to any other units of

the national park system where mineral leasing is permitted, in

accordance with any applicable minerals management plan if the

Secretary finds that there will be no resulting significant adverse

impacts on the administration of such area, or on other contiguous

units of the national park system."

ADMISSION OF ALASKA AS STATE: SELECTION OF LANDS

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

Selection of lands by Alaska from lands made available by

Statehood provisions including lands subject to leases, permits,

licenses or contracts issued under this chapter, see section 6(h)

of Pub. L. 85-508, set out as note preceding section 21 of Title

48.

OUTER CONTINENTAL SHELF; MINERAL LEASES

Grant by the Secretary of the Interior of mineral leases on

submerged lands of outer Continental Shelf, see section 1331 et

seq., of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 185, 208, 275, 1004, 1272

of this title; title 10 sections 7421, 7435.

-End-

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30 USC Sec. 182 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 182. Lands disposed of with reservation of deposits of coal,

etc.

-STATUTE-

The provisions of this chapter shall also apply to all deposits

of coal, phosphate, sodium, oil, oil shale, gilsonite (including

all vein-type solid hydrocarbons), or gas in the lands of the

United States, which lands may have been or may be disposed of

under laws reserving to the United States such deposits, with the

right to prospect for, mine, and remove the same, subject to such

conditions as are or may hereafter be provided by such laws

reserving such deposits.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 34, 41 Stat. 450; Pub. L. 86-705, Sec.

7(a), Sept. 2, 1960, 74 Stat. 790; Pub. L. 97-78, Sec. 1(1), Nov.

16, 1981, 95 Stat. 1070.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-78 substituted "gilsonite (including all

vein-type solid hydrocarbons)," for "native asphalt, solid and

semisolid bitumen, and bituminous rock (including oil-impregnated

rock or sands from which oil is recoverable only by special

treatment after the deposit is mined or quarried)".

1960 - Pub. L. 86-705 included native asphalt, solid and

semisolid bitumen, and bituminous rock.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 275, 285 of this title;

title 10 sections 7421, 7435.

-End-

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30 USC Sec. 183 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 183. Cancellation of prospecting permits

-STATUTE-

The Secretary of the Interior shall reserve and may exercise the

authority to cancel any prospecting permit upon failure by the

permittee to exercise due diligence in the prosecution of the

prospecting work in accordance with the terms and conditions stated

in the permit, and shall insert in every such permit issued under

the provisions of this chapter appropriate provisions for its

cancellation by him.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 26, 41 Stat. 448.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 275, 285 of this title;

title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 184 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 184. Limitations on leases held, owned or controlled by

persons, associations or corporations

-STATUTE-

(a) Coal leases

No person, association, or corporation, or any subsidiary,

affiliate, or persons controlled by or under common control with

such person, association, or corporation shall take, hold, own or

control at one time, whether acquired directly from the Secretary

under this chapter or otherwise, coal leases or permits on an

aggregate of more than 75,000 acres in any one State and in no case

greater than an aggregate of 150,000 acres in the United States:

Provided, That any person, association, or corporation currently

holding, owning, or controlling more than an aggregate of 150,000

acres in the United States on the date of enactment of this section

shall not be required on account of this section to relinquish said

leases or permits: Provided, further, That in no case shall such

person, association, or corporation be permitted to take, hold,

own, or control any further Federal coal leases or permits until

such time as their holdings, ownership, or control of Federal

leases or permits has been reduced below an aggregate of 150,000

acres within the United States.

(b) Sodium leases or permits, acreage

(1) No person, association, or corporation, except as otherwise

provided in this subsection, shall take, hold, own, or control at

one time, whether acquired directly from the Secretary under this

chapter, or otherwise, sodium leases or permits on an aggregate of

more than five thousand one hundred and twenty acres in any one

State.

(2) The Secretary may, in his discretion, where the same is

necessary in order to secure the economic mining of sodium

compounds leasable under this chapter, permit a person,

association, or corporation to take or hold sodium leases or

permits on up to 30,720 acres in any one State.

No person, association, or corporation shall take, hold, own, or

control at one time, whether acquired directly from the Secretary

under this chapter, or otherwise, phosphate leases or permits on an

aggregate of more than twenty thousand four hundred and eighty

acres in the United States.

(d) Oil or gas leases, acreage, Alaska; options, semi-annual

statements

(1) No person, association, or corporation, except as otherwise

provided in this chapter, shall take, hold, own or control at one

time, whether acquired directly from the Secretary under this

chapter, or otherwise, oil or gas leases (including options for

such leases or interests therein) on land held under the provisions

of this chapter exceeding in the aggregate two hundred forty-six

thousand and eighty acres in any one State other than Alaska (!1)

Provided, however, That acreage held in special tar sand areas

shall not be chargeable against such State limitations. In the case

of the State of Alaska, the limit shall be three hundred thousand

acres in the northern leasing district and three hundred thousand

acres in the southern leasing district, and the boundary between

said two districts shall be the left limit of the Tanana River from

the border between the United States and Canada to the confluence

of the Tanana and Yukon Rivers, and the left limit of the Yukon

River from said confluence to its principal southern mouth.

(2) No person, association, or corporation shall take, hold, own,

or control at one time options to acquire interests in oil or gas

leases under the provisions of this chapter which involve, in the

aggregate, more than two hundred thousand acres of land in any one

State other than Alaska, or, in the case of Alaska, more than two

hundred thousand acres in each of its two leasing districts, as

hereinbefore described. No option to acquire any interest in such

an oil or gas lease shall be enforcible if entered into for a

period of more than three years (which three years shall be

inclusive of any renewal period if a right to renew is reserved by

any party to the option) without the prior approval of the

Secretary. In any case in which an option to acquire the optionor's

entire interest in the whole or a part of the acreage under a lease

is entered into, the acreage to which the option is applicable

shall be charged both to the optionor and to the optionee, but the

charge to the optionor shall cease when the option is exercised. In

any case in which an option to acquire a part of the optionor's

interest in the whole or a part of the acreage under a lease is

entered into, the acreage to which the option is applicable shall

be fully charged to the optionor and a share thereof shall also be

charged to the optionee, as his interest may appear, but after the

option is exercised said acreage shall be charged to the parties

pro rata as their interests may appear. In any case in which an

assignment is made of a part of a lessee's interest in the whole or

part of the acreage under a lease or an application for a lease,

the acreage shall be charged to the parties pro rata as their

interests may appear. No option or renewal thereof shall be

enforcible until notice thereof has been filed with the Secretary

or an officer or employee of the Department of the Interior

designated by him to receive the same. Each such notice shall

include, in addition to any other matters prescribed by the

Secretary, the names and addresses of the parties thereto, the

serial number of the lease or application for a lease to which the

option is applicable, and a statement of the number of acres

covered thereby and of the interests and obligations of the parties

thereto and shall be subscribed by all parties to the option or

their duly authorized agents. An option which has not been

exercised shall remain charged as hereinbefore provided until

notice of its relinquishment or surrender has been filed, by either

party, with the Secretary or any officer or employee of the

Department of the Interior designated by him to receive the same.

In addition, each holder of any such option shall file with the

Secretary or an officer or employee of the Department of the

Interior as aforesaid within ninety days after the 30th day of June

and the 31st day of December in each year a statement showing, in

addition to any other matters prescribed by the Secretary, his

name, the name and address of each grantor of an option held by

him, the serial number of every lease or application for a lease to

which such an option is applicable, the number of acres covered by

each such option, the total acreage in each State to which such

options are applicable, and his interest and obligation under each

such option. The failure of the holder of an option so to file

shall render the option unenforcible (!2) by him. The

unenforcibility (!3) of any option under the provisions of this

paragraph shall not diminish the number of acres deemed to be held

under option by any person, association, or corporation in

computing the amount chargeable under the first sentence of this

paragraph and shall not relieve any party thereto of any liability

to cancellation, forfeiture, forced disposition, or other sanction

provided by law. The Secretary may prescribe forms on which the

notice and statements required by this paragraph shall be made.

(e) Association or stockholder interests, conditions; combined

interests

(1) No person, association, or corporation shall take, hold, own

or control at one time any interest as a member of an association

or as a stockholder in a corporation holding a lease, option, or

permit under the provisions of this chapter which, together with

the area embraced in any direct holding, ownership or control by

him of such a lease, option, or permit or any other interest which

he may have as a member of other associations or as a stockholder

in other corporations holding, owning or controlling such leases,

options, or permits for any kind of minerals, exceeds in the

aggregate an amount equivalent to the maximum number of acres of

the respective kinds of minerals allowed to any one lessee,

optionee, or permittee under this chapter, except that no person

shall be charged with his pro rata share of any acreage holdings of

any association or corporation unless he is the beneficial owner of

more than 10 per centum of the stock or other instruments of

ownership or control of such association or corporation, and except

that within three years after September 2, 1960 no valid option in

existence prior to September 2, 1960 held by a corporation or

association on September 2, 1960 shall be chargeable to any

stockholder of such corporation or to a member of such association

so long as said option shall be so held by such corporation or

association under the provisions of this chapter.

(2) No contract for development and operation of any lands leased

under this chapter, whether or not coupled with an interest in such

lease, and no lease held, owned, or controlled in common by two or

more persons, associations, or corporations shall be deemed to

create a separate association under the preceding paragraph of this

subsection between or among the contracting parties or those who

hold, own or control the lease in common, but the proportionate

interest of each such party shall be charged against the total

acreage permitted to be held, owned or controlled by such party

under this chapter. The total acreage so held, owned, or controlled

in common by two or more parties shall not exceed, in the

aggregate, an amount equivalent to the maximum number of acres of

the respective kinds of minerals allowed to any one lessee,

optionee, or permittee under this chapter.

(f) Limitations on other sections; combined interests permitted for

certain purposes

Nothing contained in subsection (e) of this section shall be

construed (i) to limit sections 227, 228, 251 of this title or

(ii), subject to the approval of the Secretary, to prevent any

number of lessees under this chapter from combining their several

interests so far as may be necessary for the purpose of

constructing and carrying on the business of a refinery or of

establishing and constructing, as a common carrier, a pipeline or

railroad to be operated and used by them jointly in the

transportation of oil from their several wells or from the wells of

other lessees under this chapter or in the transportation of coal

or (iii) to increase the acreage which may be taken, held, owned,

or controlled under this section.

(g) Forbidden interests acquired by descent, will, judgment, or

decree; permissible holding period

Any ownership or interest otherwise forbidden in this chapter

which may be acquired by descent, will, judgment, or decree may be

held for two years after its acquisition and no longer.

(h) Cancellation, forfeiture, or disposal of interests for

violation; bona fide purchasers and other valid interests; sale

by Secretary; record of proceedings

(1) If any interest in any lease is owned, or controlled,

directly or indirectly, by means of stock or otherwise, in

violation of any of the provisions of this chapter, the lease may

be canceled, or the interest so owned may be forfeited, or the

person so owning or controlling the interest may be compelled to

dispose of the interest, in any appropriate proceeding instituted

by the Attorney General. Such a proceeding shall be instituted in

the United States district court for the district in which the

leased property or some part thereof is located or in which the

defendant may be found.

(2) The right to cancel or forfeit for violation of any of the

provisions of this chapter shall not apply so as to affect

adversely the title or interest of a bona fide purchaser of any

lease, interest in a lease, option to acquire a lease or an

interest therein, or permit which lease, interest, option, or

permit was acquired and is held by a qualified person, association,

or corporation in conformity with those provisions, even though the

holdings of the person, association, or corporation from which the

lease, interest, option, or permit was acquired, or of his

predecessor in title (including the original lessee of the United

States) may have been canceled or forfeited or may be or may have

been subject to cancellation or forfeiture for any such violation.

If, in any such proceeding, an underlying lease, interest, option,

or permit is canceled or forfeited to the Government and there are

valid interests therein or valid options to acquire the lease or an

interest therein which are not subject to cancellation, forfeiture,

or compulsory disposition, the underlying lease, interest, option,

or permit shall be sold by the Secretary to the highest responsible

qualified bidder by competitive bidding under general regulations

subject to all outstanding valid interests therein and valid

options pertaining thereto. Likewise if, in any such proceeding,

less than the whole interest in a lease, interest, option, or

permit is canceled or forfeited to the Government, the partial

interests so canceled or forfeited shall be sold by the Secretary

to the highest responsible qualified bidder by competitive bidding

under general regulations. If competitive bidding fails to produce

a satisfactory offer the Secretary may, in either of these cases,

sell the interest in question by such other method as he deems

appropriate on terms not less favorable to the Government than

those of the best competitive bid received.

(3) The commencement and conclusion of every proceeding under

this subsection shall be promptly noted on the appropriate public

records of the Bureau of Land Management.

(i) Bona fide purchasers, conditions for obtaining dismissals

Effective September 21, 1959, any person, association, or

corporation who is a party to any proceeding with respect to a

violation of any provision of this chapter, whether initiated prior

to said date or thereafter, shall have the right to be dismissed

promptly as such a party upon showing that he holds and acquired as

a bona fide purchaser the interest involving him as such a party

without violating any provisions of this chapter. No hearing upon

any such showing shall be required unless the Secretary presents

prima facie evidence indicating a possible violation of this

chapter on the part of the alleged bona fide purchaser.

(j) Waiver or suspension of rights

If during any such proceeding, a party thereto files with the

Secretary a waiver of his rights under his lease (including

particularly, where applicable, rights to drill and to assign) or

if such rights are suspended by the Secretary pending a decision in

the proceeding, whether initiated prior to enactment of this

chapter or thereafter, payment of rentals and running of time

against the term of the lease or leases involved shall be suspended

as of the first day of the month following the filing of the waiver

or suspension of the rights until the first day of the month

following the final decision in the proceeding or the revocation of

the waiver or suspension.

(k) Unlawful trusts; forfeiture

Except as otherwise provided in this chapter, if any lands or

deposits subject to the provisions of this chapter shall be

subleased, trusteed, possessed, or controlled by any device

permanently, temporarily, directly, indirectly, tacitly, or in any

manner whatsoever, so that they form a part of or are in any wise

controlled by any combination in the form of an unlawful trust,

with the consent of the lessee, optionee, or permittee, or form the

subject of any contract or conspiracy in restraint of trade in the

mining or selling of coal, phosphate, oil, oil shale, gilsonite

(including all vein-type solid hydrocarbons), gas, or sodium

entered into by the lessee, optionee, or permittee or any agreement

or understanding, written, verbal, or otherwise, to which such

lessee, optionee, or permittee shall be a party, of which his or

its output is to be or become the subject, to control the price or

prices thereof or of any holding of such lands by any individual,

partnership, association, corporation, or control in excess of the

amounts of lands provided in this chapter, the lease, option, or

permit shall be forfeited by appropriate court proceedings.

(g742l) Rules and regulations; notice to and consultation with

Attorney General; application of antitrust laws; definitions

(1) At each stage in the formulation and promulgation of rules

and regulations concerning coal leasing pursuant to this chapter,

and at each stage in the issuance, renewal, and readjustment of

coal leases under this chapter, the Secretary of the Interior shall

consult with and give due consideration to the views and advice of

the Attorney General of the United States.

(2) No coal lease may be issued, renewed, or readjusted under

this chapter until at least thirty days after the Secretary of the

Interior notifies the Attorney General of the proposed issuance,

renewal, or readjustment. Such notification shall contain such

information as the Attorney General may require in order to advise

the Secretary of the Interior as to whether such lease would create

or maintain a situation inconsistent with the antitrust laws. If

the Attorney General advises the Secretary of the Interior that a

lease would create or maintain such a situation, the Secretary of

the Interior may not issue such lease, nor may he renew or readjust

such lease for a period not to exceed one year, as the case may be,

unless he thereafter conducts a public hearing on the record in

accordance with subchapter II of chapter 5 of title 5 and finds

therein that such issuance, renewal, or readjustment is necessary

to effectuate the purposes of this chapter, that it is consistent

with the public interest, and that there are no reasonable

alternatives consistent with this chapter, the antitrust laws, and

the public interest.

(3) Nothing in this chapter shall be deemed to convey to any

person, association, corporation, or other business organization

immunity from civil or criminal liability, or to create defenses to

actions, under any antitrust law.

(4) As used in this subsection, the term "antitrust law" means -

(A) the Act entitled "An Act to protect trade and commerce

against unlawful restraints and monopolies", approved July 2,

1890 (15 U.S.C. 1 et seq.), as amended;

(B) the Act entitled "An Act to supplement existing laws

against unlawful restraints and monopolies, and for other

purposes", approved October 15, 1914 (15 U.S.C. 12 et seq.), as

amended;

(D) sections 73 and 74 of the Act entitled "An Act to reduce

taxation, to provide revenue for the Government, and for other

purposes", approved August 27, 1894 (15 U.S.C. 8 and 9), as

amended; or

(E) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a,

13b, and 21a).

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 27, 41 Stat. 448; Apr. 30, 1926, ch.

197, 44 Stat. 373; July 3, 1930, ch. 854, Sec. 1, 46 Stat. 1007;

Mar. 4, 1931, ch. 506, 46 Stat. 1524; Aug. 8, 1946, ch. 916, Sec.

6, 60 Stat. 954; June 1, 1948, ch. 365, 62 Stat. 285; June 3, 1948,

ch. 379, Sec. 6, 62 Stat. 291; Aug. 2, 1954, ch. 650, 68 Stat. 648;

Pub. L. 85-122, Aug. 13, 1957, 71 Stat. 341; Pub. L. 85-698, Aug.

21, 1958, 72 Stat. 688; Pub. L. 86-294, Sec. 1, Sept. 21, 1959, 73

Stat. 571; Pub. L. 86-391, Sec. 1(c), Mar. 18, 1960, 74 Stat. 8;

Pub. L. 86-705, Sec. 3, Sept. 2, 1960, 74 Stat. 785; Pub. L.

88-526, Sec. 1, Aug. 31, 1964, 78 Stat. 710; Pub. L. 88-548, Aug.

31, 1964, 78 Stat. 754; Pub. L. 94-377, Secs. 11, 15, Aug. 4, 1976,

90 Stat. 1090, 1091; Pub. L. 97-78, Sec. 1(2), (5), Nov. 16, 1981,

95 Stat. 1070; Pub. L. 106-191, Sec. 2, Apr. 28, 2000, 114 Stat.

232; Pub. L. 106-463, Sec. 3, Nov. 7, 2000, 114 Stat. 2011.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this section, referred to in subsec.

(a), probably means the date of enactment of Pub. L. 94-377, which

was Aug. 4, 1976.

The Act entitled "An Act to protect trade and commerce against

unlawful restraints and monopolies", approved July 2, 1890, as

amended, referred to in subsec. (l)(4)(A), is act July 2, 1890, ch.

647, 26 Stat. 209, as amended, known as the Sherman Act, which is

classified to sections 1 to 7 of Title 15, Commerce and Trade. For

complete classification of this Act to the Code, see Short Title

note set out under section 1 of Title 15 and Tables.

The Act entitled "An Act to supplement existing laws against

unlawful restraints and monopolies, and for other purposes",

approved October 15, 1914, as amended, referred to in subsec.

(l)(4)(B), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended,

known as the Clayton Act, and is classified generally to sections

12, 13, 14 to 19, 20, 21, and 22 to 27 of Title 15, and sections 52

and 53 of Title 29, Labor. For further details and complete

classification of this Act to the Code, see References in Text note

set out under section 12 of Title 15 and Tables.

The Federal Trade Commission Act, referred to in subsec.

(l)(4)(C), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as

amended, which is classified generally to subchapter I (Sec. 41 et

seq.) of chapter 2 of Title 15. For complete classification of this

Act to the Code, see section 58 of Title 15 and Tables.

Act of June 19, 1936, chapter 592, referred to in subsec.

(l)(4)(E), is act June 19, 1936, ch. 592, 49 Stat. 1526, known as

the Robinson-Patman Antidiscrimination Act and also as the

Robinson-Patman Price Discrimination Act, which enacted sections

13a, 13b, and 21a of Title 15, Commerce and Trade, and amended

section 13 of Title 15. For complete classification of this Act to

the Code, see Short Title note set out under section 13 of Title 15

and Tables.

-COD-

CODIFICATION

In subsec. (l)(2), "subchapter II of chapter 5 of title 5"

substituted for "the Administrative Procedure Act" on authority of

Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first

section of which enacted Title 5, Government Organization and

Employees.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-463 inserted heading, struck out

"(1)" before "No person", substituted "75,000 acres" for "forty-six

thousand and eighty acres", and substituted "150,000 acres" for

"one hundred thousand acres" wherever appearing.

Subsec. (b)(2). Pub. L. 106-191 substituted "30,720 acres" for

"fifteen thousand three hundred and sixty acres".

1981 - Subsec. (d)(1). Pub. L. 97-78, Sec. 1(5), inserted proviso

that acreage held in special tar sand areas not be chargeable

against State limitations.

Subsec. (k). Pub. L. 97-78, Sec. 1(2), substituted "gilsonite

(including all vein-type solid hydrocarbons)" for "native asphalt,

solid and semisolid bitumen, bituminous rock".

1976 - Subsec. (a)(1). Pub. L. 94-377, Sec. 11(a), inserted "or

any subsidiary, affiliate, or persons controlled by or under common

control with such person, association, or corporation" before

"shall take, hold, own or control", "and in no case greater than an

aggregate of one hundred thousand acres in the United States" after

"in any one State," proviso relating to non-relinquishment of

leases or permits by an entity owning or controlling more than an

aggregate of one hundred thousand acres, and proviso prohibiting

ownership or control of further Federal leases or permits until

reduction to below an aggregate of one hundred thousand acres.

Subsec. (a)(2). Pub. L. 94-377, Sec. 11(b), struck out par. (2)

providing for application, hearing and granting of additional

acreage, not to exceed 5120 acres in any one State, to a person,

association or corporation requiring such extra acreage to carry on

business economically, and the subsequent reevaluation of such

entity's continuing need for such extra acreage.

Subsec. (l). Pub. L. 94-377, Sec. 15, added subsec. (l).

1964 - Subsec. (a)(1). Pub. L. 88-526 struck out ", except as

otherwise provided in this subsection," after "corporation" and

increased aggregate number of acres from 10,240 to 46,080 acres.

Subsec. (c). Pub. L. 88-548 increased aggregate number of acres

from 10,240 to 20,480 acres.

1960 - Pub. L. 86-705 generally revised provisions and divided

them into subsecs. (a) to (k). Other changes concerned: maximum

acreage in Alaska, unreported options, their unenforceability, form

for notice of options, party to give notice, inclusion of options

in acreage determinations, charge of association or corporate

holdings against principal stockholders, hearings requirement based

upon prima facie evidence of violations, running of time against a

lease and the payment of rentals during a waiver or suspension of a

lessee's rights.

Pub. L. 86-391 authorized issuance of phosphate permits.

1959 - Pub. L. 86-294 inserted provision that the right of

cancellation or forfeiture for violations shall not apply so as to

affect adversely the interest of a bona fide purchaser in a lease

acquired in conformity with acreage limitations; that bona fide

purchasers in such situations have the right to be dismissed as

parties from proceedings; and that if a party to proceedings files

waiver of rights to drill or assigns his interests, or if such

rights are suspended pending decision, he shall, if he is not in

violation of provisions, have the right to have his interest

extended for a period of time equal to the period between filing of

waiver or order of suspension and final decision, without payment

of rental.

1958 - Pub. L. 85-698 increased limitation on acreage which may

be taken or held under coal leases or permits in any one State from

5,120 to 10,240 acres, permitted applications for additional coal

leases or permits not exceeding 5,120 additional acres in the

State, provided for hearings on such applications, authorized

reevaluation and cancellation of leases and permits for additional

acreage, and prohibited assignment, transfer, or sale of any of the

additional acreage without the Secretary's approval.

1957 - Pub. L. 85-122 struck out "or permits exceeding in the

aggregate five thousand one hundred and twenty acres in any one

State, and" after "phosphate leases" in second sentence.

1954 - Act Aug. 2, 1954, increased acreage that any one person

can hold in the aggregate from fifteen thousand three hundred and

sixty acres to forty-six thousand and eighty acres, increased

number of acres that can be held under option from one hundred

thousand acres to two hundred thousand acres, and extended terms of

the option from 2 to 3 years.

1948 - Act June 1, 1948, substituted in second proviso "within

two years after the passage of this Act" for "on or before August

8, 1950" in order to allow options to be exercised up to that time.

Act June 3, 1948, increased aggregate acreage allowed one person,

etc., from two thousand five hundred and sixty acres to five

thousand one hundred and twenty acres of coal or sodium leases, and

increased the aggregate acreage allowed one person, etc., from

seven thousand six hundred and eighty acres to fifteen thousand

three hundred and sixty acres of oil or gas leases.

1946 - Act Aug. 8, 1946, principally doubled amount of land that

may be leased by any person or corporation in any one State and

abolished former acreage limitation of 2,560 acres on one

structure; excluded operating contracts and leases held in common

from definition of "association"; inserted provisions relating to

options; and omitted provisions relating to cooperative or unit

plans and operating, drilling or development contracts.

1931 - Act Mar. 4, 1931, amended section generally.

1930 - Act July 3, 1930, amended section generally.

1926 - Act Apr. 30, 1926, amended section generally.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 2 of Pub. L. 86-294 provided that: "The rights granted by

the second and third sentences of the amendment contained within

section 1 of this Act [amending this section to provide that holder

of interest in lease has right to be dismissed from cancellation or

forfeiture proceedings upon showing he acquired his interest as

bona fide purchaser and without violation of provisions, and to

provide right to have his lease extended if rights thereunder to

drill and to assign are suspended or waived during such proceedings

and it is determined he is not in violation of provisions] shall

apply with respect to any proceeding now pending or initiated after

the date of enactment of this Act [Sept. 21, 1959]."

SAVINGS PROVISION

See note set out under section 181 of this title.

Section 11(b) of Pub. L. 94-377 provided in part that repeal by

such section of subsec. (a)(2) of this section is subject to valid

existing rights.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior, referred to in subsec.

(l), to promulgate regulations under this chapter relating to the

fostering of competition for Federal leases, the implementation of

alternative bidding systems authorized for the award of Federal

leases, the establishment of diligence requirements for operations

conducted on Federal leases, the setting of rates for production of

Federal leases, and the specifying of the procedures, terms, and

conditions for the acquisition and disposition of Federal royalty

interests taken in kind, transferred to Secretary of Energy by

section 7152(b) of Title 42, The Public Health and Welfare. Section

7152(b) of Title 42 was repealed by Pub. L. 97-100, title II, Sec.

201, Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of

Energy returned to Secretary of the Interior. See House Report No.

97-315, pp. 25, 26, Nov. 5, 1981.

-MISC2-

FINDINGS

Pub. L. 106-463, Sec. 2, Nov. 7, 2000, 114 Stat. 2010, provided

that: "Congress finds that -

"(1) Federal land contains commercial deposits of coal, the

Nation's largest deposits of coal being located on Federal land

in Utah, Colorado, Montana, and the Powder River Basin of

Wyoming;

"(2) coal is mined on Federal land through Federal coal leases

under the Act of February 25, 1920 (commonly known as the

'Mineral Leasing Act') (30 U.S.C. 181 et seq.);

"(3) the sub-bituminous coal from these mines is low in sulfur,

making it the cleanest burning coal for energy production;

"(4) the Mineral Leasing Act sets for each leasable mineral a

limitation on the amount of acreage of Federal leases any 1

producer may hold in any 1 State or nationally;

"(5)(A) the present acreage limitation for Federal coal leases

has been in place since 1976;

"(B) currently the coal lease acreage limit of 46,080 acres per

State is less than the per-State Federal lease acreage limit for

potash (96,000 acres) and oil and gas (246,080 acres);

"(6) coal producers in Wyoming and Utah are operating mines on

Federal leaseholds that contain total acreage close to the coal

lease acreage ceiling;

"(7) the same reasons that Congress cited in enacting increases

for State lease acreage caps applicable in the case of other

minerals - the advent of modern mine technology, changes in

industry economics, greater global competition, and the need to

conserve Federal resources - apply to coal;

"(8) existing coal mines require additional lease acreage to

avoid premature closure, but those mines cannot relinquish

mined-out areas to lease new acreage because those areas are

subject to 10-year reclamation plans, and the reclaimed acreage

is counted against the State and national acreage limits;

"(9) to enable them to make long-term business decisions

affecting the type and amount of additional infrastructure

investments, coal producers need certainty that sufficient

acreage of leasable coal will be available for mining in the

future; and

"(10) to maintain the vitality of the domestic coal industry

and ensure the continued flow of valuable revenues to the Federal

and State governments and of energy to the American public from

coal production on Federal land, the Mineral Leasing Act should

be amended to increase the acreage limitation for Federal coal

leases."

Pub. L. 106-191, Sec. 1, Apr. 28, 2000, 114 Stat. 231, provided

that: "The Congress finds and declares that -

"(1) The Federal lands contain commercial deposits of trona,

with the world's largest body of this mineral located on such

lands in southwestern Wyoming.

"(2) Trona is mined on Federal lands through Federal sodium

leases issued under the Mineral Leasing Act of 1920 [30 U.S.C.

181 et seq.].

"(3) The primary product of trona mining is soda ash (sodium

carbonate), a basic industrial chemical that is used for glass

making and a variety of consumer products, including baking soda,

detergents, and pharmaceuticals.

"(4) The Mineral Leasing Act [30 U.S.C. 181 et seq.] sets for

each leasable mineral limitations on the amount of acreage of

Federal leases any one producer may hold in any one State or

nationally.

"(5) The present acreage limitation for Federal sodium (trona)

leases has been in place for over five decades, since 1948, and

is the oldest acreage limitation in the Mineral Leasing Act. Over

this time frame Congress and/or the BLM has revised acreage

limits for other minerals to meet the needs of the respective

industries. Currently, the sodium lease acreage limitation of

15,360 acres per State is approximately one-third of the per

State Federal lease acreage cap for coal (46,080 acres) and

potassium (51,200 acres) and one-sixteenth that of oil and gas

(246,080 acres).

"(6) Three of the four trona producers in Wyoming are operating

mines on Federal leaseholds that contain total acreage close to

the sodium lease acreage ceiling.

"(7) The same reasons that Congress cited in enacting increases

in other minerals' per State lease acreage caps apply to trona:

the advent of modern mine technology, changes in industry

economics, greater global competition, and need to conserve the

Federal resource.

"(8) Existing trona mines require additional lease acreage to

avoid premature closure, and are unable to relinquish mined-out

areas to lease new acreage because those areas continue to be

used for mine access, ventilation, and tailings disposal and may

provide future opportunities for secondary recovery by solution

mining.

"(9) Existing trona producers are having to make long term

business decisions affecting the type and amount of additional

infrastructure investments based on the certainty that sufficient

acreage of leaseable [sic] trona will be available for mining in

the future.

"(10) To maintain the vitality of the domestic trona industry

and ensure the continued flow of valuable revenues to the Federal

and State governments and products to the American public from

trona production on Federal lands, the Mineral Leasing Act should

be amended to increase the acreage limitation for Federal sodium

leases."

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 202a, 236a, 275, 285 of

this title; title 10 sections 7421, 7435.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a colon.

(!2) So in original. Probably should be "unenforceable".

(!3) So in original. Probably should be "unenforceability".

-End-

-CITE-

30 USC Sec. 184a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 184a. Authorization of States to include in agreements for

conservation of oil and gas resources lands acquired from United

States

-STATUTE-

Notwithstanding the provisions of any applicable grant, deed,

patent, exchange, or law of the United States, any State owning

lands or interests therein acquired by it from the United States

may consent to the operation or development of such lands or

interests, or any part thereof, under agreements approved by the

Secretary of the Interior made jointly or severally with lessees or

permittees of lands or mineral deposits of the United States or

others, for the purpose of more properly conserving the oil and gas

resources within such State. Such agreements may provide for the

cooperative or unit operation or development of part or all of any

oil or gas pool, field, or area; for the allocation of production

and the sharing of proceeds from the whole or any specified part

thereof regardless of the particular tract from which production is

obtained or proceeds are derived; and, with the consent of the

State, for the modification of the terms and provisions of State

leases for lands operated and developed thereunder, including the

term of years for which said leases were originally granted, to

conform said leases to the terms and provisions of such agreements:

Provided, That nothing in this section contained, nor the

effectuation of it, shall be construed as in any respect waiving,

determining or affecting any right, title, or interest, which

otherwise may exist in the United States, and that the making of

any agreement, as provided in this section, shall not be construed

as an admission as to the title or ownership of the lands included.

-SOURCE-

(Jan. 26, 1940, ch. 14, 54 Stat. 17.)

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-End-

-CITE-

30 USC Sec. 185 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 185. Rights-of-way for pipelines through Federal lands

-STATUTE-

(a) Grant of authority

Rights-of-way through any Federal lands may be granted by the

Secretary of the Interior or appropriate agency head for pipeline

purposes for the transportation of oil, natural gas, synthetic

liquid or gaseous fuels, or any refined product produced therefrom

to any applicant possessing the qualifications provided in section

181 of this title in accordance with the provisions of this

section.

(b) Definitions

(1) For the purposes of this section "Federal lands" means all

lands owned by the United States except lands in the National Park

System, lands held in trust for an Indian or Indian tribe, and

lands on the Outer Continental Shelf. A right-of-way through a

Federal reservation shall not be granted if the Secretary or agency

head determines that it would be inconsistent with the purposes of

the reservation.

(2) "Secretary" means the Secretary of the Interior.

(3) "Agency head" means the head of any Federal department or

independent Federal office or agency, other than the Secretary of

the Interior, which has jurisdiction over Federal lands.

(1) Where the surface of all of the Federal lands involved in a

proposed right-of-way or permit is under the jurisdiction of one

Federal agency, the agency head, rather than the Secretary, is

authorized to grant or renew the right-of-way or permit for the

purposes set forth in this section.

(2) Where the surface of the Federal lands involved is

administered by the Secretary or by two or more Federal agencies,

the Secretary is authorized, after consultation with the agencies

involved, to grant or renew rights-of-way or permits through the

Federal lands involved. The Secretary may enter into interagency

agreements with all other Federal agencies having jurisdiction over

Federal lands for the purpose of avoiding duplication, assigning

responsibility, expediting review of rights-of-way or permit

applications, issuing joint regulations, and assuring a decision

based upon a comprehensive review of all factors involved in any

right-of-way or permit application. Each agency head shall

administer and enforce the provisions of this section, appropriate

regulations, and the terms and conditions of rights-of-way or

permits insofar as they involve Federal lands under the agency

head's jurisdiction.

(d) Width limitations

The width of a right-of-way shall not exceed fifty feet plus the

ground occupied by the pipeline (that is, the pipe and its related

facilities) unless the Secretary or agency head finds, and records

the reasons for his finding, that in his judgment a wider

right-of-way is necessary for operation and maintenance after

construction, or to protect the environment or public safety.

Related facilities include but are not limited to valves, pump

stations, supporting structures, bridges, monitoring and

communication devices, surge and storage tanks, terminals, roads,

airstrips and campsites and they need not necessarily be connected

or contiguous to the pipe and may be the subjects of separate

rights-of-way.

(e) Temporary permits

A right-of-way may be supplemented by such temporary permits for

the use of Federal lands in the vicinity of the pipeline as the

Secretary or agency head finds are necessary in connection with

construction, operation, maintenance, or termination of the

pipeline, or to protect the natural environment or public safety.

(f) Regulatory authority

Rights-of-way or permits granted or renewed pursuant to this

section shall be subject to regulations promulgated in accord with

the provisions of this section and shall be subject to such terms

and conditions as the Secretary or agency head may prescribe

regarding extent, duration, survey, location, construction,

operation, maintenance, use, and termination.

(g) Pipeline safety

The Secretary or agency head shall impose requirements for the

operation of the pipeline and related facilities in a manner that

will protect the safety of workers and protect the public from

sudden ruptures and slow degradation of the pipeline.

(h) Environmental protection

(1) Nothing in this section shall be construed to amend, repeal,

modify, or change in any way the requirements of section 102(2)(C)

[42 U.S.C. 4332(2)(C)] or any other provision of the National

Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].

(2) The Secretary or agency head, prior to granting a

right-of-way or permit pursuant to this section for a new project

which may have a significant impact on the environment, shall

require the applicant to submit a plan of construction, operation,

and rehabilitation for such right-of-way or permit which shall

comply with this section. The Secretary or agency head shall issue

regulations or impose stipulations which shall include, but shall

not be limited to: (A) requirements for restoration, revegetation,

and curtailment of erosion of the surface of the land; (B)

requirements to insure that activities in connection with the

right-of-way or permit will not violate applicable air and water

quality standards nor related facility siting standards established

by or pursuant to law; (C) requirements designed to control or

prevent (i) damage to the environment (including damage to fish and

wildlife habitat), (ii) damage to public or private property, and

(iii) hazards to public health and safety; and (D) requirements to

protect the interests of individuals living in the general area of

the right-of-way or permit who rely on the fish, wildlife, and

biotic resources of the area for subsistence purposes. Such

regulations shall be applicable to every right-of-way or permit

granted pursuant to this section, and may be made applicable by the

Secretary or agency head to existing rights-of-way or permits, or

rights-of-way or permits to be renewed pursuant to this section.

(i) Disclosure

If the applicant is a partnership, corporation, association, or

other business entity, the Secretary or agency head shall require

the applicant to disclose the identity of the participants in the

entity. Such disclosure shall include where applicable (1) the name

and address of each partner, (2) the name and address of each

shareholder owning 3 per centum or more of the shares, together

with the number and percentage of any class of voting shares of the

entity which such shareholder is authorized to vote, and (3) the

name and address of each affiliate of the entity together with, in

the case of an affiliate controlled by the entity, the number of

shares and the percentage of any class of voting stock of that

affiliate owned, directly or indirectly, by that entity, and, in

the case of an affiliate which controls that entity, the number of

shares and the percentage of any class of voting stock of that

entity owned, directly or indirectly, by the affiliate.

(j) Technical and financial capability

The Secretary or agency head shall grant or renew a right-of-way

or permit under this section only when he is satisfied that the

applicant has the technical and financial capability to construct,

operate, maintain, and terminate the project for which the

right-of-way or permit is requested in accordance with the

requirements of this section.

(k) Public hearings

The Secretary or agency head by regulation shall establish

procedures, including public hearings where appropriate, to give

Federal, State, and local government agencies and the public

adequate notice and an opportunity to comment upon right-of-way

applications filed after the date of enactment of this subsection.

(g742l) Reimbursement of costs

The applicant for a right-of-way or permit shall reimburse the

United States for administrative and other costs incurred in

processing the application, and the holder of a right-of-way or

permit shall reimburse the United States for the costs incurred in

monitoring the construction, operation, maintenance, and

termination of any pipeline and related facilities on such

right-of-way or permit area and shall pay annually in advance the

fair market rental value of the right-of-way or permit, as

determined by the Secretary or agency head.

(m) Bonding

Where he deems it appropriate the Secretary or agency head may

require a holder of a right-of-way or permit to furnish a bond, or

other security, satisfactory to the Secretary or agency head to

secure all or any of the obligations imposed by the terms and

conditions of the right-of-way or permit or by any rule or

regulation of the Secretary or agency head.

(n) Duration of grant

Each right-of-way or permit granted or renewed pursuant to this

section shall be limited to a reasonable term in light of all

circumstances concerning the project, but in no event more than

thirty years. In determining the duration of a right-of-way the

Secretary or agency head shall, among other things, take into

consideration the cost of the facility, its useful life, and any

public purpose it serves. The Secretary or agency head shall renew

any right-of-way, in accordance with the provisions of this

section, so long as the project is in commercial operation and is

operated and maintained in accordance with all of the provisions of

this section.

(g742o) Suspension or termination of right-of-way

(1) Abandonment of a right-of-way or noncompliance with any

provision of this section may be grounds for suspension or

termination of the right-of-way if (A) after due notice to the

holder of the right-of-way, (B) a reasonable opportunity to comply

with this section, and (C) an appropriate administrative proceeding

pursuant to section 554 of title 5, the Secretary or agency head

determines that any such ground exists and that suspension or

termination is justified. No administrative proceeding shall be

required where the right-of-way by its terms provides that it

terminates on the occurrence of a fixed or agreed upon condition,

event, or time.

(2) If the Secretary or agency head determines that an immediate

temporary suspension of activities within a right-of-way or permit

area is necessary to protect public health or safety or the

environment, he may abate such activities prior to an

administrative proceeding.

(3) Deliberate failure of the holder to use the right-of-way for

the purpose for which it was granted or renewed for any continuous

two-year period shall constitute a rebuttable presumption of

abandonment of the right-of-way: Provided, That where the failure

to use the right-of-way is due to circumstances not within the

holder's control the Secretary or agency head is not required to

commence proceedings to suspend or terminate the right-of-way.

(p) Joint use of rights-of-way

In order to minimize adverse environmental impacts and the

proliferation of separate rights-of-way across Federal lands, the

utilization of rights-of-way in common shall be required to the

extent practical, and each right-of-way or permit shall reserve to

the Secretary or agency head the right to grant additional

rights-of-way or permits for compatible uses on or adjacent to

rights-of-way or permit area granted pursuant to this section.

(q) Statutes

No rights-of-way for the purposes provided for in this section

shall be granted or renewed across Federal lands except under and

subject to the provisions, limitations, and conditions of this

section. Any application for a right-of-way filed under any other

law prior to the effective date of this provision may, at the

applicant's option, be considered as an application under this

section. The Secretary or agency head may require the applicant to

submit any additional information he deems necessary to comply with

the requirements of this section.

(r) Common carriers

(1) Pipelines and related facilities authorized under this

section shall be constructed, operated, and maintained as common

carriers.

(2)(A) The owners or operators of pipelines subject to this

section shall accept, convey, transport, or purchase without

discrimination all oil or gas delivered to the pipeline without

regard to whether such oil or gas was produced on Federal or

non-Federal lands.

(B) In the case of oil or gas produced from Federal lands or from

the resources on the Federal lands in the vicinity of the pipeline,

the Secretary may, after a full hearing with due notice thereof to

the interested parties and a proper finding of facts, determine the

proportionate amounts to be accepted, conveyed, transported or

purchased.

(3)(A) The common carrier provisions of this section shall not

apply to any natural gas pipeline operated by any person subject to

regulation under the Natural Gas Act [15 U.S.C. 717 et seq.] or by

any public utility subject to regulation by a State or municipal

regulatory agency having jurisdiction to regulate the rates and

charges for the sale of natural gas to consumers within the State

or municipality.

(B) Where natural gas not subject to State regulatory or

conservation laws governing its purchase by pipelines is offered

for sale, each such pipeline shall purchase, without

discrimination, any such natural gas produced in the vicinity of

the pipeline.

(4) The Government shall in express terms reserve and shall

provide in every lease of oil lands under this chapter that the

lessee, assignee, or beneficiary, if owner or operator of a

controlling interest in any pipeline or of any company operating

the pipeline which may be operated accessible to the oil derived

from lands under such lease, shall at reasonable rates and without

discrimination accept and convey the oil of the Government or of

any citizen or company not the owner of any pipeline operating a

lease or purchasing gas or oil under the provisions of this

chapter.

(5) Whenever the Secretary has reason to believe that any owner

or operator subject to this section is not operating any oil or gas

pipeline in complete accord with its obligations as a common

carrier hereunder, he may request the Attorney General to prosecute

an appropriate proceeding before the Secretary of Energy or Federal

Energy Regulatory Commission or any appropriate State agency or the

United States district court for the district in which the pipeline

or any part thereof is located, to enforce such obligation or to

impose any penalty provided therefor, or the Secretary may, by

proceeding as provided in this section, suspend or terminate the

said grant of right-of-way for noncompliance with the provisions of

this section.

(6) The Secretary or agency head shall require, prior to granting

or renewing a right-of-way, that the applicant submit and disclose

all plans, contracts, agreements, or other information or material

which he deems necessary to determine whether a right-of-way shall

be granted or renewed and the terms and conditions which should be

included in the right-of-way. Such information may include, but is

not limited to: (A) conditions for, and agreements among owners or

operators, regarding the addition of pumping facilities, looping,

or otherwise increasing the pipeline or terminal's throughput

capacity in response to actual or anticipated increases in demand;

(B) conditions for adding or abandoning intake, offtake, or storage

points or facilities; and (C) minimum shipment or purchase tenders.

(s) Exports of Alaskan North Slope oil

(1) Subject to paragraphs (2) through (6) of this subsection and

notwithstanding any other provision of this chapter or any other

provision of law (including any regulation) applicable to the

export of oil transported by pipeline over right-of-way granted

pursuant to section 1652 of title 43, such oil may be exported

unless the President finds that exportation of this oil is not in

the national interest. The President shall make his national

interest determination within five months of November 28, 1995. In

evaluating whether exports of this oil are in the national

interest, the President shall at a minimum consider -

(A) whether exports of this oil would diminish the total

quantity or quality of petroleum available to the United States;

(B) the results of an appropriate environmental review,

including consideration of appropriate measures to mitigate any

potential adverse effects of exports of this oil on the

environment, which shall be completed within four months of

November 28, 1995; and

material oil supply shortages or sustained oil prices

significantly above world market levels that would cause

sustained material adverse employment effects in the United

States or that would cause substantial harm to consumers,

including noncontiguous States and Pacific territories.

If the President determines that exports of this oil are in the

national interest, he may impose such terms and conditions (other

than a volume limitation) as are necessary or appropriate to ensure

that such exports are consistent with the national interest.

(2) Except in the case of oil exported to a country with which

the United States entered into a bilateral international oil supply

agreement before November 26, 1979, or to a country pursuant to the

International Emergency Oil Sharing Plan of the International

Energy Agency, any oil transported by pipeline over right-of-way

granted pursuant to section 1652 of title 43 shall, when exported,

be transported by a vessel documented under the laws of the United

States and owned by a citizen of the United States (as determined

in accordance with sections 802 and 803 of title 46, Appendix).

(3) Nothing in this subsection shall restrict the authority of

the President under the Constitution, the International Emergency

Economic Powers Act (50 U.S.C. 1701 et seq.), the National

Emergencies Act (50 U.S.C. 1601 et seq.), or Part B of title II of

the Energy Policy and Conservation Act (42 U.S.C. 6271-76) to

prohibit exports.

(4) The Secretary of Commerce shall issue any rules necessary for

implementation of the President's national interest determination,

including any licensing requirements and conditions, within 30 days

of the date of such determination by the President. The Secretary

of Commerce shall consult with the Secretary of Energy in

administering the provisions of this subsection.

(5) If the Secretary of Commerce finds that exporting oil under

authority of this subsection has caused sustained material oil

supply shortages or sustained oil prices significantly above world

market levels and further finds that these supply shortages or

price increases have caused or are likely to cause sustained

material adverse employment effects in the United States, the

Secretary of Commerce, in consultation with the Secretary of

Energy, shall recommend, and the President may take, appropriate

action concerning exports of this oil, which may include modifying

or revoking authority to export such oil.

(6) Administrative action under this subsection is not subject to

sections 551 and 553 through 559 of title 5.

(t) Existing rights-of-way

The Secretary or agency head may ratify and confirm any

right-of-way or permit for an oil or gas pipeline or related

facility that was granted under any provision of law before the

effective date of this subsection, if it is modified by mutual

agreement to comply to the extent practical with the provisions of

this section. Any action taken by the Secretary or agency head

pursuant to this subsection shall not be considered a major Federal

action requiring a detailed statement pursuant to section 102(2)(C)

[42 U.S.C. 4332(2)(C)] of the National Environmental Policy Act of

1970 (Public Law 90-190; 42 U.S.C. 4321).

(u) Limitations on export

Any domestically produced crude oil transported by pipeline over

rights-of-way granted pursuant to this section, except such crude

oil which is either exchanged in similar quantity for convenience

or increased efficiency of transportation with persons or the

government of an adjacent foreign state, or which is temporarily

exported for convenience or increased efficiency of transportation

across parts of an adjacent foreign state and reenters the United

States, shall be subject to all of the limitations and licensing

requirements of the Export Administration Act of 1979 (50 U.S.C.

App. 2401 and following) and, in addition, before any crude oil

subject to this section may be exported under the limitations and

licensing requirements and penalty and enforcement provisions of

the Export Administration Act of 1979 the President must make and

publish an express finding that such exports will not diminish the

total quantity or quality of petroleum available to the United

States, and are in the national interest and are in accord with the

provisions of the Export Administration Act of 1979: Provided, That

the President shall submit reports to the Congress containing

findings made under this section, and after the date of receipt of

such report Congress shall have a period of sixty calendar days,

thirty days of which Congress must have been in session, to

consider whether exports under the terms of this section are in the

national interest. If the Congress within this time period passes a

concurrent resolution of disapproval stating disagreement with the

President's finding concerning the national interest, further

exports made pursuant to the aforementioned Presidential findings

shall cease.

(v) State standards

The Secretary or agency head shall take into consideration and to

the extent practical comply with State standards for right-of-way

construction, operation, and maintenance.

(w) Reports

(1) The Secretary and other appropriate agency heads shall report

to the Committee on Natural Resources of the United States House of

Representatives and the Committee on Energy and Natural Resources

of the United States Senate annually on the administration of this

section and on the safety and environmental requirements imposed

pursuant thereto.

(2) The Secretary or agency head shall promptly notify the

Committee on Natural Resources of the United States House of

Representatives and the Committee on Energy and Natural Resources

of the United States Senate upon receipt of an application for a

right-of-way for a pipeline twenty-four inches or more in diameter,

and no right-of-way for such a pipeline shall be granted until a

notice of intention to grant the right-of-way, together with the

Secretary's or agency head's detailed findings as to the terms and

conditions he proposes to impose, has been submitted to such

committees.

(3) Periodically, but at least once a year, the Secretary of the

Department of Transportation shall cause the examination of all

pipelines and associated facilities on Federal lands and shall

cause the prompt reporting of any potential leaks or safety

problems.

(x) Liability

(1) The Secretary or agency head shall promulgate regulations and

may impose stipulations specifying the extent to which holders of

rights-of-way and permits under this chapter shall be liable to the

United States for damage or injury incurred by the United States in

connection with the right-of-way or permit. Where the right-of-way

or permit involves lands which are under the exclusive jurisdiction

of the Federal Government, the Secretary or agency head shall

promulgate regulations specifying the extent to which holders shall

be liable to third parties for injuries incurred in connection with

the right-of-way or permit.

(2) The Secretary or agency head may, by regulation or

stipulation, impose a standard of strict liability to govern

activities taking place on a right-of-way or permit area which the

Secretary or agency head determines, in his discretion, to present

a foreseeable hazard or risk of danger to the United States.

(3) Regulations and stipulations pursuant to this subsection

shall not impose strict liability for damage or injury resulting

from (A) an act of war, or (B) negligence of the United States.

(4) Any regulation or stipulation imposing liability without

fault shall include a maximum limitation on damages commensurate

with the foreseeable risks or hazards presented. Any liability for

damage or injury in excess of this amount shall be determined by

ordinary rules of negligence.

(5) The regulations and stipulations shall also specify the

extent to which such holders shall indemnify or hold harmless the

United States for liability, damage, or claims arising in

connection with the right-of-way or permit.

(6) Any regulation or stipulation promulgated or imposed pursuant

to this section shall provide that all owners of any interest in,

and all affiliates or subsidiaries of any holder of, a right-of-way

or permit shall be liable to the United States in the event that a

claim for damage or injury cannot be collected from the holder.

(7) In any case where liability without fault is imposed pursuant

to this subsection and the damages involved were caused by the

negligence of a third party, the rules of subrogation shall apply

in accordance with the law of the jurisdiction where the damage

occurred.

(y) Antitrust laws

The grant of a right-of-way or permit pursuant to this section

shall grant no immunity from the operation of the Federal antitrust

laws.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 28, 41 Stat. 449; Aug. 21, 1935, ch.

599, Sec. 1, 49 Stat. 678; Aug. 12, 1953, ch. 408, 67 Stat. 557;

Pub. L. 93-153, title I, Sec. 101, Nov. 16, 1973, 87 Stat. 576;

Pub. L. 95-91, title III, Secs. 301(b), 306, title IV, Sec. 402(a),

(b), title VII, Secs. 703, 707, Aug. 4, 1977, 91 Stat. 578, 581,

583, 584, 606, 607; Pub. L. 99-64, title I, Sec. 123(b), July 12,

1985, 99 Stat. 156; Pub. L. 101-475, Sec. 1, Oct. 30, 1990, 104

Stat. 1102; Pub. L. 103-437, Sec. 11(a)(1), Nov. 2, 1994, 108 Stat.

4589; Pub. L. 104-58, title II, Sec. 201, Nov. 28, 1995, 109 Stat.

560; Pub. L. 104-66, title I, Sec. 1121(k), Dec. 21, 1995, 109

Stat. 724.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (h)(1), is Pub. L. 91-190, Jan 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

The date of enactment of this subsection, referred to in subsec.

(k), the effective date of this provision, referred to in subsec.

(q), and the effective date of this subsection, referred to in

subsec. (t), probably mean the date of approval of Pub. L. 93-153,

which was Nov. 16, 1973.

The Natural Gas Act, referred to in subsec. (r)(3)(A), is act

June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is

classified generally to chapter 15B (Sec. 717 et seq.) of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see section 717w of Title 15 and Tables.

The International Emergency Economic Powers Act, referred to in

subsec. (s)(3), is title II of Pub. L. 95-223, Dec. 28, 1977, 91

Stat. 1626, as amended, which is classified generally to chapter 35

(Sec. 1701 et seq.) of Title 50, War and National Defense. For

complete classification of this Act to the Code, see Short Title

note set out under section 1701 of Title 50 and Tables.

The National Emergencies Act, referred to in subsec. (s)(3), is

Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended, which is

classified principally to chapter 34 (Sec. 1601 et seq.) of Title

50. For complete classification of this Act to the Code, see Short

Title note set out under section 1601 of Title 50 and Tables.

The Energy Policy and Conservation Act, referred to in subsec.

(s)(3), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended.

Part B of title II of the Act is classified generally to part B

(Sec. 6271 et seq.) of subchapter II of chapter 77 of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see Short Title note set out under section 6201 of

Title 42 and Tables.

The Export Administration Act of 1979, referred to in subsec.

(u), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended,

which is classified principally to section 2401 et seq. of Title

50, Appendix, War and National Defense. For complete classification

of this Act to the Code, see Short Title note set out under section

2401 of Title 50, Appendix, and Tables.

The Federal antitrust laws, referred to in subsec. (y), are

classified generally to chapter 1 (Sec. 1 et seq.) of Title 15,

Commerce and Trade.

-MISC1-

AMENDMENTS

1995 - Subsec. (s). Pub. L. 104-58 amended heading and text of

subsec. (s) generally. Prior to amendment, subsec. (s) provided

that the Secretary of Interior, in consultation with Federal and

State agencies, review need for national system of transportation

and utility corridors across Federal lands and report to Congress

and the President by July 1, 1975.

Subsec. (w)(4). Pub. L. 104-66 struck out par. (4) which read as

follows: "The Secretary of the Department of Transportation shall

report annually to the President, the Congress, the Secretary of

the Interior, and the Secretary of Energy any potential dangers of

or actual explosions, or potential or actual spillage on Federal

lands and shall include in such report a statement of corrective

action taken to prevent such explosion or spillage."

1994 - Subsec. (w)(1), (2). Pub. L. 103-437 substituted "Natural

Resources" for "Interior and Insular Affairs" before "of the United

States House".

1990 - Subsec. (w)(1). Pub. L. 101-475, Sec. 1(a), substituted

"Committee on Interior and Insular Affairs of the United States

House of Representatives and the Committee on Energy and Natural

Resources of the United States Senate" for "House and Senate

Committees on Interior and Insular Affairs".

Subsec. (w)(2). Pub. L. 101-475, Sec. 1(b), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "The

Secretary or agency head shall notify the House and Senate

Committees on Interior and Insular Affairs promptly upon receipt of

an application for a right-of-way for a pipeline twenty-four inches

or more in diameter, and no right-of-way for such a pipeline shall

be granted until sixty days (not counting days on which the House

of Representatives or the Senate has adjourned for more than three

days) after a notice of intention to grant the right-of-way,

together with the Secretary's or agency head's detailed findings as

to terms and conditions he proposes to impose, has been submitted

to such committees, unless each committee by resolution waives the

waiting period."

1985 - Subsec. (u). Pub. L. 99-64 substituted "Export

Administration Act of 1979 (50 U.S.C. App. 2401 and following)" for

"Export Administration Act of 1969 (Act of December 30, 1969; 83

Stat. 841)" and "Export Administration Act of 1979" for "Export

Administration Act of 1969" in two places.

1973 - Pub. L. 93-153 completely rewrote the section substituting

25 subsecs. lettered (a) through (y) covering all aspects of the

granting of rights-of-way for pipelines through Federal lands for

the former single unlettered paragraph under which rights-of-way of

25 feet on each side of the pipeline could be granted and under

which the pipeline was to be operated as a common carrier.

1953 - Act Aug. 12, 1953, permitted companies subject to Federal

regulation, or public utilities subject to State regulations, to

pass through the public domain without incurring the obligation to

become a common carrier.

1935 - Act Aug. 21, 1935, substituted "may be granted by the

Secretary of the Interior" for "are granted" and inserted "and

conditions" after "regulations" in two places, and "and shall

accept, convey, transport, or purchase without discrimination, oil

or natural gas produced from Government lands in the vicinity of

the pipe line in such proportionate amounts as the Secretary of the

Interior may, after a full hearing with notice thereof to the

interested parties and a proper finding of facts, determine to be

reasonable:" after "and maintained as common carriers.".

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of the Interior related to compliance with grants of

rights-of-way and temporary use permits for Federal land and such

functions of Secretary or other official in Department of

Agriculture, insofar as they involve lands and programs under

jurisdiction of Department of Agriculture, related to compliance

with associated land use permits authorized for and in conjunction

with grants of rights-of-way across Federal lands issued under this

section with respect to pre-construction, construction, and initial

operation of transportation system for Canadian and Alaskan natural

gas were transferred to the Federal Inspector, Office of Federal

Inspector for the Alaska Natural Gas Transportation System, until

the first anniversary of date of initial operation of the Alaska

Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,

Secs. 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out in the Appendix to Title 5,

Government Organization and Employees. Office of Federal Inspector

for the Alaska Natural Gas Transportation System abolished and

functions and authority vested in Inspector transferred to

Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out

as an Abolition of Office of Federal Inspector note under section

719e of Title 15, Commerce and Trade.

"Secretary of Energy or Federal Energy Regulatory Commission"

substituted for "Interstate Commerce Commission or Federal Power

Commission" in subsec. (r)(5) pursuant to sections 301(b), 306,

402(a), (b), 703, and 707 of Pub. L. 95-91, which are classified to

sections 7151(b), 7155, 7172(a), (b), 7293, and 7297 of Title 42,

The Public Health and Welfare, and which transferred functions

vested in Interstate Commerce Commission, and Chairman and members

thereof, relating to transportation of oil by pipeline to Secretary

of Energy (except for certain functions which were transferred to

Federal Energy Regulatory Commission within Department of Energy),

and terminated Federal Power Commission and transferred its

functions to Secretary of Energy (except for certain functions

which were transferred to Federal Energy Regulatory Commission).

-MISC2-

REIMBURSEMENT OF ADMINISTRATIVE AND OTHER COSTS

Pub. L. 105-277, div. A, Sec. 101(e) [title II], Oct. 21, 1998,

112 Stat. 2681-231, 2681-272, provided that: "Notwithstanding any

other provision of law, hereafter money collected, in advance or

otherwise, by the Forest Service under authority of section 101 of

Public Law 93-153 (30 U.S.C. 185(1)[(l)]) as reimbursement of

administrative and other costs incurred in processing pipeline

right-of-way or permit applications and for costs incurred in

monitoring the construction, operation, maintenance, and

termination of any pipeline and related facilities, may be used to

reimburse the applicable appropriation to which such costs were

originally charged."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1576.

Pub. L. 104-208, div. A, title I, Sec. 101(d) [title II], Sept.

30, 1996, 110 Stat. 3009-181, 3009-208.

Pub. L. 104-134, title I, Sec. 101(c) [title II], Apr. 26, 1996,

110 Stat. 1321-156, 1321-184; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 103-332, title II, Sept. 30, 1994, 108 Stat. 2524.

Pub. L. 103-138, title II, Nov. 11, 1993, 107 Stat. 1403.

Pub. L. 102-381, title II, Oct. 5, 1992, 106 Stat. 1401.

Pub. L. 102-154, title II, Nov. 13, 1991, 105 Stat. 1017.

GAO REPORT

Section 202 of Pub. L. 104-58 directed the Comptroller General of

the United States to commence, three years after Nov. 28, 1995, a

review of energy production in California and Alaska and the

effects of Alaskan North Slope oil exports, if any, on consumers,

independent refiners, and shipbuilding and ship repair yards on the

West Coast and in Hawaii, and to submit to Congress, within twelve

months after commencing the review, a report containing

recommendations for Congress and the President to address job loss

in the shipbuilding and ship repair industry on the West Coast, as

well as adverse impacts on consumers and refiners on the West Coast

and in Hawaii, that are attributed to Alaska North Slope oil

exports.

OUTER CONTINENTAL SHELF; PIPELINE RIGHTS-OF-WAY

Pipeline rights-of-way in connection with oil, gas, and other

leases on submerged lands of outer Continental Shelf, see section

1334 of Title 43, Public Lands.

-EXEC-

EXPORTS OF ALASKAN NORTH SLOPE (ANS) CRUDE OIL

Memorandum of President of the United States, Apr. 28, 1996, 61

F.R. 19507, provided:

Memorandum for the Secretary of Commerce [and] the Secretary of

Energy

Pursuant to section 28(s) of the Mineral Leasing Act, as amended,

30 U.S.C. 185, I hereby determine that exports of crude oil

transported over right-of-way granted pursuant to section 203 of

the Trans-Alaska Pipeline Authorization Act [43 U.S.C. 1652] are in

the national interest. In making this determination, I have taken

into account the conclusions of an interagency working group, which

found that such oil exports:

- will not diminish the total quantity or quality of petroleum

available to the United States; and

- are not likely to cause sustained material oil supply

shortages or sustained oil price increases significantly above

world market levels that would cause sustained material adverse

employment effects in the United States or that would cause

substantial harm to consumers, including those located in

noncontiguous States and Pacific Territories.

I have also considered the interagency group's conclusions

regarding potential environmental impacts of lifting the ban. Based

on their findings and recommendations, I have concluded that

exports of such crude oil will not pose significant risks to the

environment if certain terms and conditions are met.

Therefore, pursuant to section 28(s) of the Mineral Leasing Act I

direct the Secretary of Commerce to promulgate immediately a

general license, or a license exception, authorizing exports of

such crude oil, subject to appropriate documentation requirements,

and consistent with the following conditions:

- tankers exporting ANS exports must use the same route that

they do for shipments to Hawaii until they reach a point 300 miles

due south of Cape Hinchinbrook Light and then turn toward Asian

destinations. After reaching that point, tankers in the ANS oil

trade must remain outside of the 200 nautical-miles Exclusive

Economic Zone of the United States as defined in the Fisheries

Conservation and Management Act (16 U.S.C. 1811) [probably means

the Magnuson-Stevens Fishery Conservation and Management Act]. This

condition also applies to tankers returning from foreign ports to

Valdez, Alaska. Exceptions can be made at the discretion of the

vessel master only to ensure the safety of the vessel;

- that export tankers be equipped with satellite-based

communications systems that will enable the Coast Guard

independently to determine their location. The Coast Guard will

conduct appropriate monitoring of the tankers, a measure that will

ensure compliance with the 200-mile condition, and help the Coast

Guard respond quickly to any emergencies;

- the owner or operator of an Alaskan North Slope crude oil

export tankship shall maintain a Critical Area Inspection Plan for

each tankship in the trade in accordance with the U.S. Coast

Guard's Navigation and Inspection Circular No. 15-91 as amended,

which shall include an annual internal survey of the vessel's cargo

block tanks; and

- the owner or operator of an Alaskan North Slope crude oil

export tankship shall adopt a mandatory program of deep water

ballast exchange (i.e., in 2,000 meters water depth). Exceptions

can be made at the discretion of the captain only in order to

ensure the safety of the vessel. Recordkeeping subject to Coast

Guard audit will be required as part of this regime.

The Secretary of Commerce is authorized and directed to inform

the appropriate committees of the Congress of this determination

and to publish it in the Federal Register.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 236a, 275, 285 of this

title; title 10 sections 7421, 7435; title 16 section 3167; title

33 section 1522; title 42 sections 6271, 6502; title 43 sections

1652, 1768, 2009; title 50 App. section 2406.

-End-

-CITE-

30 USC Sec. 186 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 186. Reservation of easements or rights-of-way for working

purposes; reservation of right to dispose of surface of lands;

determination before offering of lease; easement periods

-STATUTE-

Any permit, lease, occupation, or use permitted under this

chapter shall reserve to the Secretary of the Interior the right to

permit upon such terms as he may determine to be just, for joint or

several use, such easements or rights-of-way, including easements

in tunnels upon, through, or in the lands leased, occupied, or used

as may be necessary or appropriate to the working of the same, or

of other lands containing the deposits described in this chapter,

and the treatment and shipment of the products thereof by or under

authority of the Government, its lessees, or permittees, and for

other public purposes. The Secretary of the Interior, in his

discretion, in making any lease under this chapter, may reserve to

the United States the right to lease, sell, or otherwise dispose of

the surface of the lands embraced within such lease under existing

law or laws hereafter enacted, insofar as said surface is not

necessary for use of the lessee in extracting and removing the

deposits therein. If such reservation is made it shall be so

determined before the offering of such lease. The said Secretary,

during the life of the lease, is authorized to issue such permits

for easements herein provided to be reserved.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 29, 41 Stat. 449.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 275, 285 of this title;

title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 187 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 187. Assignment or subletting of leases; relinquishment of

rights under leases; conditions in leases for protection of

diverse interests in operation of mines, wells, etc.; State laws

not impaired

-STATUTE-

No lease issued under the authority of this chapter shall be

assigned or sublet, except with the consent of the Secretary of the

Interior. The lessee may, in the discretion of the Secretary of the

Interior, be permitted at any time to make written relinquishment

of all rights under such a lease, and upon acceptance thereof be

thereby relieved of all future obligations under said lease, and

may with like consent surrender any legal subdivision of the area

included within the lease. Each lease shall contain provisions for

the purpose of insuring the exercise of reasonable diligence,

skill, and care in the operation of said property; a provision that

such rules for the safety and welfare of the miners and for the

prevention of undue waste as may be prescribed by said Secretary

shall be observed, including a restriction of the workday to not

exceeding eight hours in any one day for underground workers except

in cases of emergency; provisions prohibiting the employment of any

child under the age of sixteen in any mine below the surface;

provisions securing the workmen complete freedom of purchase;

provision requiring the payment of wages at least twice a month in

lawful money of the United States, and providing proper rules and

regulations to insure the fair and just weighing or measurement of

the coal mined by each miner, and such other provisions as he may

deem necessary to insure the sale of the production of such leased

lands to the United States and to the public at reasonable prices,

for the protection of the interests of the United States, for the

prevention of monopoly, and for the safeguarding of the public

welfare. None of such provisions shall be in conflict with the laws

of the State in which the leased property is situated.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 30, 41 Stat. 449; Pub. L. 95-554, Sec.

5, Oct. 30, 1978, 92 Stat. 2074.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-554 substituted "provisions prohibiting the

employment of any child under the age of sixteen in any mine below

the surface" for "provisions prohibiting the employment of any boy

under the age of sixteen or the employment of any girl or woman,

without regard to age, in any mine below the surface".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 187a, 187b, 275, 285 of

this title; title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 187a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 187a. Oil or gas leases; partial assignments

-STATUTE-

Notwithstanding anything to the contrary in section 187 of this

title, any oil or gas lease issued under the authority of this

chapter may be assigned or subleased, as to all or part of the

acreage included therein, subject to final approval by the

Secretary and as to either a divided or undivided interest therein,

to any person or persons qualified to own a lease under this

chapter, and any assignment or sublease shall take effect as of the

first day of the lease month following the date of filing in the

proper land office of three original executed counterparts thereof,

together with any required bond and proof of the qualification

under this chapter of the assignee or sublessee to take or hold

such lease or interest therein. Until such approval, however, the

assignor or sublessor and his surety shall continue to be

responsible for the performance of any and all obligations as if no

assignment or sublease had been executed. The Secretary shall

disapprove the assignment or sublease only for lack of

qualification of the assignee or sublessee or for lack of

sufficient bond: Provided, however, That the Secretary may, in his

discretion, disapprove an assignment of any of the following,

unless the assignment constitutes the entire lease or is

demonstrated to further the development of oil and gas:

(1) A separate zone or deposit under any lease.

(2) A part of a legal subdivision.

(3) Less than 640 acres outside Alaska or of less than 2,560

acres within Alaska.

Requests for approval of assignment or sublease shall be processed

promptly by the Secretary. Except where the assignment or sublease

is not in accordance with applicable law, the approval shall be

given within 60 days of the date of receipt by the Secretary of a

request for such approval. Upon approval of any assignment or

sublease, the assignee or sublessee shall be bound by the terms of

the lease to the same extent as if such assignee or sublessee were

the original lessee, any conditions in the assignment or sublease

to the contrary notwithstanding. Any partial assignment of any

lease shall segregate the assigned and retained portions thereof,

and as above provided, release and discharge the assignor from all

obligations thereafter accruing with respect to the assigned lands;

and such segregated leases shall continue in full force and effect

for the primary term of the original lease, but for not less than

two years after the date of discovery of oil or gas in paying

quantities upon any other segregated portion of the lands

originally subject to such lease. Assignments under this section

may also be made of parts of leases which are in their extended

term because of any provision of this chapter. Upon the segregation

by an assignment of a lease issued after September 2, 1960 and held

beyond its primary term by production, actual or suspended, or the

payment of compensatory royalty, the segregated lease of an

undeveloped, assigned, or retained part shall continue for two

years, and so long thereafter as oil or gas is produced in paying

quantities.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 30A, formerly Sec. 30a, as added Aug.

8, 1946, ch. 916, Sec. 7, 60 Stat. 955; amended July 29, 1954, ch.

644, Sec. 1(6), 68 Stat. 585; Pub. L. 86-705, Sec. 6, Sept. 2,

1960, 74 Stat. 790; renumbered Sec. 30A and amended Pub. L.

100-203, title V, Sec. 5103, Dec. 22, 1987, 101 Stat. 1330-258.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-203 substituted third to fifth sentences for

former third sentence which read as follows: "The Secretary shall

disapprove the assignment or sublease only for lack of

qualification of the assignee or sublessee or for lack of

sufficient bond: Provided, however, That the Secretary may, in his

discretion, disapprove an assignment of a separate zone or deposit

under any lease, or of a part of a legal subdivision."

1960 - Pub. L. 86-705 amended last sentence to restrict automatic

extensions after Sept. 2, 1960.

1954 - Act July 29, 1954, authorized partial assignment of a

lease in its extended term regardless of reason for extension.

SAVINGS PROVISION

See note set out under section 181 of this title.

LEASES ISSUED PRIOR TO SEPTEMBER 2, 1960

Section 6 of Pub. L. 86-705 provided in part that: "The

provisions of this section 6 [amending this section] shall not be

applicable to any lease issued prior to the effective date of this

Act [Sept. 2, 1960]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 187b 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 187b. Oil or gas leases; written relinquishment of rights;

release of obligations

-STATUTE-

Notwithstanding any provision to the contrary in section 187 of

this title, a lessee may at any time make and file in the

appropriate land office a written relinquishment of all rights

under any oil or gas lease issued under the authority of this

chapter or of any legal subdivision of the area included within any

such lease. Such relinquishment shall be effective as of the date

of its filing, subject to the continued obligation of the lessee

and his surety to make payment of all accrued rentals and royalties

and to place all wells on the lands to be relinquished in condition

for suspension or abandonment in accordance with the applicable

lease terms and regulations; thereupon the lessee shall be released

of all obligations thereafter accruing under said lease with

respect to the lands relinquished, but no such relinquishment shall

release such lessee, or his bond, from any liability for breach of

any obligation of the lease, other than an obligation to drill,

accrued at the date of the relinquishment.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 30B, formerly Sec. 30b, as added Aug.

8, 1946, ch. 916, Sec. 8, 60 Stat. 956; renumbered Sec. 30B, Pub.

L. 100-203, title V, Sec. 5103, Dec. 22, 1987, 101 Stat. 1330-258.)

-MISC1-

SAVINGS PROVISION

See note set out under section 181 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 188 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 188. Failure to comply with provisions of lease

-STATUTE-

(a) Forfeiture

Except as otherwise herein provided, any lease issued under the

provisions of this chapter may be forfeited and canceled by an

appropriate proceeding in the United States district court for the

district in which the property, or some part thereof, is located

whenever the lessee fails to comply with any of the provisions of

this chapter, of the lease, or of the general regulations

promulgated under this chapter and in force at the date of the

lease; and the lease may provide for resort to appropriate methods

for the settlement of disputes or for remedies for breach of

specified conditions thereof.

(b) Cancellation

Any lease issued after August 21, 1935, under the provisions of

section 226 of this title shall be subject to cancellation by the

Secretary of the Interior after 30 days notice upon the failure of

the lessee to comply with any of the provisions of the lease,

unless or until the leasehold contains a well capable of production

of oil or gas in paying quantities, or the lease is committed to an

approved cooperative or unit plan or communitization agreement

under section 226(m) of this title which contains a well capable of

production of unitized substances in paying quantities. Such notice

in advance of cancellation shall be sent the lease owner by

registered letter directed to the lease owner's record post-office

address, and in case such letter shall be returned as undelivered,

such notice shall also be posted for a period of thirty days in the

United States land office for the district in which the land

covered by such lease is situated, or in the event that there is no

district land office for such district, then in the post office

nearest such land. Notwithstanding the provisions of this section,

however, upon failure of a lessee to pay rental on or before the

anniversary date of the lease, for any lease on which there is no

well capable of producing oil or gas in paying quantities, the

lease shall automatically terminate by operation of law: Provided,

however, That when the time for payment falls upon any day in which

the proper office for payment is not open, payment may be received

the next official working day and shall be considered as timely

made: Provided, That if the rental payment due under a lease is

paid on or before the anniversary date but either (1) the amount of

the payment has been or is hereafter deficient and the deficiency

is nominal, as determined by the Secretary by regulation, or (2)

the payment was calculated in accordance with the acreage figure

stated in the lease, or in any decision affecting the lease, or

made in accordance with a bill or decision which has been rendered

by him and such figure, bill, or decision is found to be in error

resulting in a deficiency, such lease shall not automatically

terminate unless (1) a new lease had been issued prior to May 12,

1970, or (2) the lessee fails to pay the deficiency within the

period prescribed in a notice of deficiency sent to him by the

Secretary.

Where any lease has been or is hereafter terminated automatically

by operation of law under this section for failure to pay on or

before the anniversary date the full amount of rental due, but such

rental was paid on or tendered within twenty days thereafter, and

it is shown to the satisfaction of the Secretary of the Interior

that such failure was either justifiable or not due to a lack of

reasonable diligence on the part of the lessee, the Secretary may

reinstate the lease if -

(1) a petition for reinstatement, together with the required

rental, including back rental accruing from the date of

termination of the lease, is filed with the Secretary; and

(2) no valid lease has been issued affecting any of the lands

covered by the terminated lease prior to the filing of said

petition. The Secretary shall not issue any new lease affecting

any of the lands covered by such terminated lease for a

reasonable period, as determined in accordance with regulations

issued by him. In any case where a reinstatement of a terminated

lease is granted under this subsection and the Secretary finds

that the reinstatement of such lease will not afford the lessee a

reasonable opportunity to continue operations under the lease,

the Secretary may, at his discretion, extend the term of such

lease for such period as he deems reasonable: Provided, That (A)

such extension shall not exceed a period equivalent to the time

beginning when the lessee knew or should have known of the

termination and ending on the date the Secretary grants such

petition; (B) such extension shall not exceed a period equal to

the unexpired portion of the lease or any extension thereof

remaining at the date of termination; and (C) when the

reinstatement occurs after the expiration of the term or

extension thereof the lease may be extended from the date the

Secretary grants the petition.

(d) Additional grounds for reinstatement

(1) Where any oil and gas lease issued pursuant to section 226(b)

or (c) of this title or the Mineral Leasing Act for Acquired Lands

(30 U.S.C. 351 et seq.) has been, or is hereafter, terminated

automatically by operation of law under this section for failure to

pay on or before the anniversary date the full amount of the rental

due, and such rental is not paid or tendered within twenty days

thereafter, and it is shown to the satisfaction of the Secretary of

the Interior that such failure was justifiable or not due to lack

of reasonable diligence on the part of the lessee, or, no matter

when the rental is paid after termination, it is shown to the

satisfaction of the Secretary that such failure was inadvertent,

the Secretary may reinstate the lease as of the date of termination

for the unexpired portion of the primary term of the original lease

or any extension thereof remaining at the date of termination, and

so long thereafter as oil or gas is produced in paying quantities.

In any case where a lease is reinstated under this subsection and

the Secretary finds that the reinstatement of such lease (A) occurs

after the expiration of the primary term or any extension thereof,

or (B) will not afford the lessee a reasonable opportunity to

continue operations under the lease, the Secretary may, at his

discretion, extend the term of such lease for such period as he

deems reasonable, but in no event for more than two years from the

date the Secretary authorizes the reinstatement and so long

thereafter as oil or gas is produced in paying quantities.

(2) No lease shall be reinstated under paragraph (1) of this

subsection unless -

(A) with respect to any lease that terminated under subsection

(b) of this section prior to January 12, 1983:

(i) the lessee tendered rental prior to January 12, 1983, and

the final determination that the lease terminated was made by

the Secretary or a court less than three years before January

12, 1983, and

(ii) a petition for reinstatement together with the required

back rental and royalty accruing from the date of termination,

is filed with the Secretary on or before the one hundred and

twentieth day after January 12, 1983, or

(B) with respect to any lease that terminated under subsection

(b) of this section on or after January 12, 1983, a petition for

reinstatement together with the required back rental and royalty

accruing from the date of termination is filed on or before the

earlier of -

(i) sixty days after the lessee receives from the Secretary

notice of termination, whether by return of check or by any

other form of actual notice, or

(ii) fifteen months after termination of the lease.

(e) Conditions for reinstatement

Any reinstatement under subsection (d) of this section shall be

made only if these conditions are met:

(1) no valid lease, whether still in existence or not, shall

have been issued affecting any of the lands covered by the

terminated lease prior to the filing of such petition: Provided,

however, That after receipt of a petition for reinstatement, the

Secretary shall not issue any new lease affecting any of the

lands covered by such terminated lease for a reasonable period,

as determined in accordance with regulations issued by him;

(2) payment of back rentals and either the inclusion in a

reinstated lease issued pursuant to the provisions of section

226(b) of this title of a requirement for future rentals at a

rate of not less than $10 per acre per year, or the inclusion in

a reinstated lease issued pursuant to the provisions of section

226(c) of this title of a requirement that future rentals shall

be at a rate not less than $5 per acre per year, all as

determined by the Secretary;

(3)(A) payment of back royalties and the inclusion in a

reinstated lease issued pursuant to the provisions of section

226(b) of this title of a requirement for future royalties at a

rate of not less than 16(!2/3) percent computed on a sliding

scale based upon the average production per well per day, at a

rate which shall be not less than 4 percentage points greater

than the competitive royality (!1) schedule then in force and

used for royalty determination for competitive leases issued

pursuant to such section as determined by the Secretary:

Provided, That royalty on such reinstated lease shall be paid on

all production removed or sold from such lease subsequent to the

termination of the original lease;

(B) payment of back royalties and inclusion in a reinstated

lease issued pursuant to the provisions of section 226(c) of this

title of a requirement for future royalties at a rate not less

than 16 2/3 percent: Provided, That royalty on such reinstated

lease shall be paid on all production removed or sold from such

lease subsequent to the cancellation or termination of the

original lease; and

(4) notice of the proposed reinstatement of a terminated lease,

including the terms and conditions of reinstatement, shall be

published in the Federal Register at least thirty days in advance

of the reinstatement.

A copy of said notice, together with information concerning rental,

royalty, volume of production, if any, and any other matter which

the Secretary deemed significant in making this determination to

reinstate, shall be furnished to the Committee on Natural Resources

of the House of Representatives and the Committee on Energy and

Natural Resources of the Senate at least thirty days in advance of

the reinstatement. The lessee of a reinstated lease shall reimburse

the Secretary for the administrative costs of reinstating the

lease, but not to exceed $500. In addition the lessee shall

reimburse the Secretary for the cost of publication in the Federal

(f) Issuance of noncompetitive oil and gas lease; conditions

Where an unpatented oil placer mining claim validly located prior

to February 24, 1920, which has been or is currently producing or

is capable of producing oil or gas, has been or is hereafter deemed

conclusively abandoned for failure to file timely the required

instruments or copies of instruments required by section 1744 of

title 43, and it is shown to the satisfaction of the Secretary that

such failure was inadvertent, justifiable, or not due to lack of

reasonable diligence on the part of the owner, the Secretary may

issue, for the lands covered by the abandoned unpatented oil placer

mining claim, a noncompetitive oil and gas lease, consistent with

the provisions of section 226(e) of this title, to be effective

from the statutory date the claim was deemed conclusively

abandoned. Issuance of such a lease shall be conditioned upon:

(1) a petition for issuance of a noncompetitive oil and gas

lease, together with the required rental and royalty, including

back rental and royalty accruing from the statutory date of

abandonment of the oil placer mining claim, being filed with the

Secretary -

(A) with respect to any claim deemed conclusively abandoned

on or before January 12, 1983, on or before the one hundred and

twentieth day after January 12, 1983, or

(B) with respect to any claim deemed conclusively abandoned

after January 12, 1983, on or before the one hundred and

twentieth day after final notification by the Secretary or a

court of competent jurisdiction of the determination of the

abandonment of the oil placer mining claim;

(2) a valid lease not having been issued affecting any of the

lands covered by the abandoned oil placer mining claim prior to

the filing of such petition: Provided, however, That after the

filing of a petition for issuance of a lease under this

subsection, the Secretary shall not issue any new lease affecting

any of the lands covered by such abandoned oil placer mining

claim for a reasonable period, as determined in accordance with

regulations issued by him;

(3) a requirement in the lease for payment of rental, including

back rentals accruing from the statutory date of abandonment of

the oil placer mining claim, of not less than $5 per acre per

year;

(4) a requirement in the lease for payment of royalty on

production removed or sold from the oil placer mining claim,

including all royalty on production made subsequent to the

statutory date the claim was deemed conclusively abandoned, of

not less than 12 1/2 percent; and

(5) compliance with the notice and reimbursement of costs

provisions of paragraph (4) of subsection (e) of this section but

addressed to the petition covering the conversion of an abandoned

unpatented oil placer mining claim to a noncompetitive oil and

gas lease.

(g) Treatment of leases

(1) Except as otherwise provided in this section, a reinstated

lease shall be treated as a competitive or a noncompetitive oil and

gas lease in the same manner as the original lease issued pursuant

to section 226(b) or (c) of this title.

(2) Except as otherwise provided in this section, the issuance of

a lease in lieu of an abandoned patented oil placer mining claim

shall be treated as a noncompetitive oil and gas lease issued

pursuant to section 226(c) of this title.

(3) Notwithstanding any other provision of law, any lease issued

pursuant to section 223 of this title shall be eligible for

reinstatement under the terms and conditions set forth in

subsections (c), (d), and (e) of this section, applicable to leases

issued under section 226(c) of this title except, that, upon

reinstatement, such lease shall continue for twenty years and so

long thereafter as oil or gas is produced in paying quantities.

(4) Notwithstanding any other provision of law, any lease issued

pursuant to section 223 of this title shall, upon renewal on or

after November 15, 1990, continue for twenty years and so long

thereafter as oil or gas is produced in paying quantities.

(h) Statutory provisions applicable to leases

The minimum royalty provisions of section 226(m) of this title

and the provisions of section 209 of this title shall be applicable

to leases issued pursuant to subsections (d) and (f) of this

section.

(i) Royalty reductions

(1) In acting on a petition to issue a noncompetitive oil and gas

lease, under subsection (f) of this section or in response to a

request filed after issuance of such a lease, or both, the

Secretary is authorized to reduce the royalty on such lease if in

his judgment it is equitable to do so or the circumstances warrant

such relief due to uneconomic or other circumstances which could

cause undue hardship or premature termination of production.

(2) In acting on a petition for reinstatement pursuant to

subsection (d) of this section or in response to a request filed

after reinstatement, or both, the Secretary is authorized to reduce

the royalty in that reinstated lease on the entire leasehold or any

tract or portion thereof segregated for royalty purposes if, in his

judgment, there are uneconomic or other circumstances which could

cause undue hardship or premature termination of production; or

because of any written action of the United States, its agents or

employees, which preceded, and was a major consideration in, the

lessee's expenditure of funds to develop the property under the

lease after the rent had become due and had not been paid; or if in

the judgment of the Secretary it is equitable to do so for any

reason.

(j) Discretion of Secretary

Where, in the judgment of the Secretary of the Interior, drilling

operations were being diligently conducted on the last day of the

primary term of the lease, and, except for nonpayment of rental,

the lessee would have been entitled to extension of his lease,

pursuant to section 226-1(d) of this title, the Secretary of the

Interior may reinstate such lease notwithstanding the failure of

the lessee to have made payment of the next year's rental, provided

the conditions of subparagraphs (1) and (2) of subsection (c) of

this section are satisfied.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 31, 41 Stat. 450; Aug. 8, 1946, ch.

916, Sec. 9, 60 Stat. 956; July 29, 1954, ch. 644, Sec. 1(7), 68

Stat. 585; Pub. L. 87-822, Sec. 1, Oct. 15, 1962, 76 Stat. 943;

Pub. L. 91-245, Secs. 1, 2, May 12, 1970, 84 Stat. 206; Pub. L.

97-451, title IV, Sec. 401, Jan. 12, 1983, 96 Stat. 2462; Pub. L.

100-203, title V, Secs. 5102(d)(2), 5104, Dec. 22, 1987, 101 Stat.

1330-258, 1330-259; Pub. L. 101-567, Sec. 1, Nov. 15, 1990, 104

Stat. 2802; Pub. L. 103-437, Sec. 11(a)(1), Nov. 2, 1994, 108 Stat.

4589.)

-REFTEXT-

REFERENCES IN TEXT

The Mineral Leasing Act for Acquired Lands, referred to in

subsec. (d)(1), is act Aug. 7, 1947, ch. 513, 61 Stat. 913, as

amended, which is classified generally to chapter 7 (Sec. 351 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 351 of this title

and Tables.

-MISC1-

AMENDMENTS

1994 - Subsec. (e). Pub. L. 103-437 substituted "Natural

Resources" for "Interior and Insular Affairs" before "of the House"

in concluding provisions.

1990 - Subsec. (g)(3), (4). Pub. L. 101-567 added pars. (3) and

(4).

1987 - Subsec. (b). Pub. L. 100-203, Sec. 5104, amended first

sentence generally. Prior to amendment, first sentence read as

follows: "Any lease issued after August 21, 1935, under the

provisions of section 226 of this title shall be subject to

cancellation by the Secretary of the Interior after thirty days'

notice upon the failure of the lessee to comply with any of the

provisions of the lease, unless or until the land covered by any

such lease is known to contain valuable deposits of oil or gas."

Subsec. (h). Pub. L. 100-203, Sec. 5102(d)(2), substituted

"section 226(m)" for "section 226(j)".

1983 - Subsecs. (d) to (j). Pub. L. 97-451 added subsecs. (d) to

(i) and redesignated former subsec. (d) as (j).

1970 - Subsec. (b). Pub. L. 91-245, Sec. 1, inserted proviso

authorizing continuance of a lease where timely paid rent is

nominally deficient or miscalculated due to an error either in

acreage figure stated in the lease, in any decision affecting the

lease, or in a bill or decision rendered by the Secretary, except

where a new lease was issued prior to May 12, 1970 or the lessee

failed to pay the deficiency within the period allowed by the

Secretary.

Subsec. (c). Pub. L. 91-245, Sec. 2, inserted provisions allowing

reinstatement of a lease despite a twenty-day delay in payment of

rent, made the payment of back rental accruing from the date of

termination of the lease a prerequisite to such reinstatement,

restricted the Secretary's power to issue a new lease on the lands

covered by the terminated lease, gave the Secretary discretion to

extend the term of a reinstated lease so as to afford the lessee a

reasonable opportunity to continue operations under the lease, and

struck out requirement that the petition for reinstatement of any

lease terminated prior to Oct. 15, 1962 be filed within 180 days

after Oct. 15, 1962.

1962 - Pub. L. 87-822 designated existing pars. as subsecs. (a)

and (b) and added subsecs. (c) and (d).

1954 - Act July 29, 1954, provided for automatic termination of a

lease on failure to pay rental on or before anniversary date of

lease, for any lease on which there is no well capable of producing

oil or gas in paying quantities.

1946 - Act Aug. 8, 1946, principally added second par. relating

to cancellation of leases by Secretary of the Interior.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

SAVINGS PROVISION

See note set out under section 181 of this title.

AUTHORITY FOR ISSUANCE OF LEASES UNAFFECTED BY REINSTATEMENT OF

LEASES

Section 2 of Pub. L. 87-822 provided that: "Nothing in this Act

[amending this section] shall be construed as limiting the

authority of the Secretary of the Interior to issue, during the

periods in which petitions for reinstatement may be filed, oil and

gas leases for any of the lands affected."

OUTER CONTINENTAL SHELF; CANCELLATION OF LEASES

Cancellation of mineral leases on submerged lands of outer

Continental Shelf, see sections 1334 and 1337 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 275, 285, 1719, of this

title; title 10 sections 7421, 7435.

-FOOTNOTE-

(!1) So in original. Probably should be "royalty".

-End-

-CITE-

30 USC Sec. 188a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 188a. Surrender of leases

-STATUTE-

The Secretary of the Interior is authorized to accept the

surrender of any lease issued pursuant to any of the provisions of

this chapter, or any amendment thereof, where the surrender is

filed in the Bureau of Land Management subsequent to the accrual

but prior to the payment of the yearly rental due under the lease,

upon payment of the accrued rental on a pro rata monthly basis for

the portion of the lease year prior to the filing of the surrender.

The authority granted to the Secretary of the Interior by this

section shall extend only to cases in which he finds that the

failure of the lessee to file a timely surrender of the lease prior

to the accrual of the rental was not due to a lack of reasonable

diligence, but it shall not extend to claims or cases which have

been referred to the Department of Justice for purposes of suit.

-SOURCE-

(Nov. 28, 1943, ch. 329, 57 Stat. 593; 1946 Reorg. Plan No. 3, Sec.

403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-TRANS-

TRANSFER OF FUNCTIONS

"Bureau of Land Management" substituted in text for "General Land

Office" on authority of Reorg. Plan No. 3 of 1946, Sec. 403, set

out in the Appendix to Title 5, Government Organization and

Employees.

-End-

-CITE-

30 USC Sec. 189 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 189. Rules and regulations; boundary lines; State rights

unaffected; taxation

-STATUTE-

The Secretary of the Interior is authorized to prescribe

necessary and proper rules and regulations and to do any and all

things necessary to carry out and accomplish the purposes of this

chapter, also to fix and determine the boundary lines of any

structure, or oil or gas field, for the purposes of this chapter.

Nothing in this chapter shall be construed or held to affect the

rights of the States or other local authority to exercise any

rights which they may have, including the right to levy and collect

taxes upon improvements, output of mines, or other rights,

property, or assets of any lessee of the United States.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 32, 41 Stat. 450.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior to promulgate regulations

under this chapter relating to fostering of competition for Federal

leases, implementation of alternative bidding systems authorized

for award of Federal leases, establishment of diligence

requirements for operations conducted on Federal leases, setting of

rates for production of Federal leases, and specifying of

procedures, terms, and conditions for acquisition and disposition

of Federal royalty interests taken in kind, transferred to

Secretary of Energy by section 7152(b) of Title 42, The Public

Health and Welfare. Section 7152(b) of Title 42 was repealed by

Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,

and functions of Secretary of Energy returned to Secretary of the

Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

-MISC1-

OUTER CONTINENTAL SHELF; RULES AND REGULATIONS WITH RESPECT TO

LEASES

Rules and regulations with respect to mineral leases on submerged

lands of outer Continental Shelf to be prescribed by Secretary of

the Interior, see section 1334 of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 275, 285 of this title;

title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 190 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 190. Oath; requirement; form; blanks

-STATUTE-

All statements, representations, or reports required by the

Secretary of the Interior under this chapter shall be upon oath,

unless otherwise specified by him, and in such form and upon such

blanks as the Secretary of the Interior may require.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 33, 41 Stat. 450.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 275, 285 of this title;

title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 191 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 191. Disposition of moneys received

-STATUTE-

(a) All money received from sales, bonuses, royalties including

interest charges collected under the Federal Oil and Gas Royalty

Management Act of 1982 [30 U.S.C. 1701 et seq.], and rentals of the

public lands under the provisions of this chapter and the

Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.], shall be

paid into the Treasury of the United States; and, subject to the

provisions of subsection (b) of this section, 50 per centum thereof

shall be paid by the Secretary of the Treasury to the State other

than Alaska within the boundaries of which the leased lands or

deposits are or were located; said moneys paid to any of such

States on or after January 1, 1976, to be used by such State and

its subdivisions, as the legislature of the State may direct giving

priority to those subdivisions of the State socially or

economically impacted by development of minerals leased under this

chapter, for (i) planning, (ii) construction and maintenance of

public facilities, and (iii) provision of public service; and

excepting those from Alaska, 40 per centum thereof shall be paid

into, reserved, appropriated, as part of the reclamation fund

created by the Act of Congress known as the Reclamation Act,

approved June 17, 1902, and of those from Alaska, 90 per centum

thereof shall be paid to the State of Alaska for disposition by the

legislature thereof: Provided, That all moneys which may accrue to

the United States under the provisions of this chapter and the

Geothermal Steam Act of 1970 from lands within the naval petroleum

reserves shall be deposited in the Treasury as "miscellaneous

receipts", as provided by section 7433(b) of title 10. All moneys

received under the provisions of this chapter and the Geothermal

Steam Act of 1970 not otherwise disposed of by this section shall

be credited to miscellaneous receipts. Payments to States under

this section with respect to any moneys received by the United

States, shall be made not later than the last business day of the

month in which such moneys are warranted by the United States

Treasury to the Secretary as having been received, except for any

portion of such moneys which is under challenge and placed in a

suspense account pending resolution of a dispute. Such warrants

shall be issued by the United States Treasury not later than 10

days after receipt of such moneys by the Treasury. Moneys placed in

a suspense account which are determined to be payable to a State

shall be made not later than the last business day of the month in

which such dispute is resolved. Any such amount placed in a

suspense account pending resolution shall bear interest until the

dispute is resolved.

(b) In determining the amount of payments to the States under

this section, the amount of such payments shall not be reduced by

any administrative or other costs incurred by the United States.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 35, 41 Stat. 450; May 27, 1947, ch.

83, 61 Stat. 119; Aug. 3, 1950, ch. 527, 64 Stat. 402; Pub. L.

85-88, Sec. 2, July 10, 1957, 71 Stat. 282; Pub. L. 85-508, Secs.

6(k), 28(b), July 7, 1958, 72 Stat. 343, 351; Pub. L. 94-273, Sec.

6(2), Apr. 21, 1976, 90 Stat. 377; Pub. L. 94-377, Sec. 9, Aug. 4,

1976, 90 Stat. 1089; Pub. L. 94-422, title III, Sec. 301, Sept. 28,

1976, 90 Stat. 1323; Pub. L. 94-579, title III, Sec. 317(a), Oct.

21, 1976, 90 Stat. 2770; Pub. L. 97-451, title I, Secs. 104(a),

111(g), Jan. 12, 1983, 96 Stat. 2451, 2456; Pub. L. 100-203, title

V, Sec. 5109, Dec. 22, 1987, 101 Stat. 1330-261; Pub. L. 100-443,

Sec. 5(b), Sept. 22, 1988, 102 Stat. 1768; Pub. L. 103-66, title X,

Sec. 10201, Aug. 10, 1993, 107 Stat. 407; Pub. L. 106-393, title V,

Sec. 503, Oct. 30, 2000, 114 Stat. 1624.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Oil and Gas Royalty Management Act of 1982, referred

to in subsec. (a), is Pub. L. 97-451, Jan. 12, 1983, 96 Stat. 2447,

which is classified generally to chapter 29 (Sec. 1701 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1701 of this title and

Tables.

The Geothermal Steam Act of 1970, referred to in subsec. (a), is

Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, which is classified

principally to chapter 23 (Sec. 1001 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1001 of this title and Tables.

The Reclamation Act, referred to in subsec. (a), is act June 17,

1902, ch. 1093, 32 Stat. 388, as amended, which is classified

generally to chapter 12 (Sec. 371 et seq.) of Title 43, Public

Lands. For complete classification of this Act to the Code, see

Short Title note set out under section 371 of Title 43 and Tables.

-COD-

CODIFICATION

"Section 7433(b) of title 10" substituted in subsec. (a) for "the

Act of June 4, 1920 (41 Stat. 813), as amended June 30, 1938 (52

Stat. 1252)", which was classified to section 524 of former Title

34, Navy, on authority of act Aug. 10, 1956, ch. 1041, Sec. 49(b),

70A Stat. 640, the first section of which enacted Title 10, Armed

Forces.

Provisions of subsec. (a) which authorized the payment of monies

to the Territory of Alaska were omitted as superseded by the

provisions authorizing the payment of monies to the State of

Alaska.

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-393 amended subsec. (b)

generally. Prior to amendment, subsec. (b) related to deductions

for administration from the amount to be paid to States under this

section or under other laws requiring payment to a State of

revenues derived from the leasing of onshore lands owned by the

United States for the production of the same types of minerals

leasable under this chapter or of geothermal steam.

1993 - Pub. L. 103-66 struck out last sentence, designated

remaining provisions as subsec. (a) and in first sentence inserted

"and, subject to the provisions of subsection (b) of this section,"

before "50 per centum", and added subsec. (b). Prior to amendment,

last sentence read as follows: "In determining the amount of

payments to States under this section, the amount of such payments

shall not be reduced by any administrative or other costs incurred

by the United States."

1988 - Pub. L. 100-443 struck out "notwithstanding the provisions

of section 20 thereof," before "shall be paid".

1987 - Pub. L. 100-203 inserted at end "In determining the amount

of payments to States under this section, the amount of such

payments shall not be reduced by any administrative or other costs

incurred by the United States."

1983 - Pub. L. 97-451, Sec. 111(g), inserted reference to

interest charges collected under the Federal Oil and Gas Royalty

Management Act of 1982.

Pub. L. 97-451, Sec. 104(a), struck out "as soon as practicable

after March 31 and September 30 of each year" after "Secretary of

the Treasury" and "of those from Alaska", and inserted at end

provisions directing that payments to States be made not later than

the last business day of the month in which such moneys are

warranted by the United States Treasury to the Secretary as having

been received, that warrants be issued by the Treasury not later

than 10 days after receipt of the money by the Treasury, that

moneys placed in a suspense account which are determined to be

payable to a State be made not later than the last business day of

the month in which a dispute is resolved, and that amounts placed

in a suspense account pending resolution bear interest until the

dispute is resolved.

1976 - Pub. L. 94-579 substituted provisions setting forth

determination of amount, time for payments, and manner of

expenditure by the States of all moneys received from sales, etc.,

under provisions of this chapter and the Geothermal Steam Act of

1970, and proviso relating to naval petroleum reserve moneys, for

provisions setting forth determination of amount and time for

payment to the States of all moneys received from sales, etc.,

under the provisions of this chapter, and provisos relating to

naval petroleum reserve moneys, additional moneys from sales, etc.,

under this chapter and the Geothermal Steam Act of 1970, and

expenditure of State oil shale funds.

Pub. L. 94-422 inserted proviso that all moneys paid to any State

from sales, bonuses, royalties, and rentals of oil shale in public

lands may be used by any State for planning, construction, and

maintenance of public facilities as legislature of State may

direct.

Pub. L. 94-377 substituted "40 per centum thereof shall be paid

into, reserved" for "52 1/2 per centum thereof shall be paid into,

reserved", inserted "and the Geothermal Steam Act of 1970,

notwithstanding the provisions of section 20 thereof" before "shall

be paid into the Treasury of the United States", "and the

Geothermal Steam Act of 1970" before "from lands within the naval

petroleum reserves" and before "not otherwise disposed of by this

section", and provisos relating to the payment of an additional 12

1/2 per centum of all money received from lands under provisions

of this chapter and the Geothermal Steam Act of 1970 to the State

within whose boundaries the lands are located, to be used for

construction of public facilities, and relating to the use of funds

received by Colorado and Utah under the specified leases.

Pub. L. 94-273 substituted "March" for "December" and "September"

for "June".

1958 - Pub. L. 85-508, Secs. 6(k), 28(b), struck out provisions

which related to disposition of proceeds or income derived by the

United States from mineral school sections in the Territory of

Alaska and substituted ", and of those from Alaska 52 1/2 per

centum thereof shall be paid to the State of Alaska for disposition

by the legislators thereof" for ", and of those from Alaska 52 1/2

per centum thereof shall be paid to the Territory of Alaska for

disposition by the Legislature of the Territory of Alaska" before

proviso.

1957 - Pub. L. 85-88 inserted ", and of those from Alaska 52 1/2

per centum thereof shall be paid to the Territory of Alaska for

disposition by the Legislature of the Territory of Alaska" before

proviso.

1950 - Act Aug. 3, 1950, in providing that payments to States be

made bi-annually instead of annually, substituted "as soon as

practicable after December 31 and June 30 of each year" for "after

the expiration of each fiscal year".

1947 - Act May 27, 1947, extended provisions by allocating 37 1/2

% of the money received from sales, bonuses, royalties, and rentals

of public lands to the Territory of Alaska, for the construction

and maintenance of public schools or other public educational

institutions and inserted provisions relating to disposition of

proceeds or income derived by the United States from mineral school

sections in the Territory of Alaska.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 104(a) of Pub. L. 97-451 applicable with

respect to payments received by the Secretary of the Treasury after

Oct. 1, 1983, unless the Secretary by rule, prescribes an earlier

effective date, see section 104(c) of Pub. L. 97-451, set out as an

Effective Date note under section 1714 of this title.

SAVINGS PROVISION

Amendment by Pub. L. 94-579 not to be construed as terminating

any valid lease, permit, patent, etc., existing on Oct. 21, 1976,

see section 701 of Pub. L. 94-579, set out as a note under section

1701 of Title 43, Public Lands.

FINDINGS

Pub. L. 106-393, title V, Sec. 502, Oct. 30, 2000, 114 Stat.

1624, provided that: "The Congress finds the following:

"(1) Section 10201 of the Omnibus Budget Reconciliation Act of

1993 (Public Law 103-66; 107 Stat. 407) amended section 35 of the

Mineral Leasing Act (30 U.S.C. 191) to change the sharing of

onshore mineral revenues and revenues from geothermal steam from

a 50:50 split between the Federal Government and the States to a

complicated formula that entailed deducting from the State share

of leasing revenues '50 percent of the portion of the enacted

appropriations of the Department of the Interior and any other

agency during the preceding fiscal year allocable to the

administration of all laws providing for the leasing of any

onshore lands or interest in land owned by the United States for

the production of the same types of minerals leasable under this

Act or of geothermal steam, and to enforcement of such laws * *

*'.

"(2) There is no legislative record to suggest a sound public

policy rationale for deducting prior-year administrative expenses

from the sharing of current-year receipts, indicating that this

change was made primarily for budget scoring reasons.

"(3) The system put in place by this change in law has proved

difficult to administer and has given rise to disputes between

the Federal Government and the States as to the nature of

allocable expenses. Federal accounting systems have proven to be

poorly suited to breaking down administrative costs in the manner

required by the law. Different Federal agencies implementing this

law have used varying methodologies to identify allocable costs,

resulting in an inequitable distribution of costs during fiscal

years 1994 through 1996. In November 1997, the Inspector General

of the Department of the Interior found that 'the congressionally

approved method for cost sharing deductions effective in fiscal

year 1997 may not accurately compute the deductions'.

"(4) Given the lack of a substantive rationale for the 1993

change in law and the complexity and administrative burden

involved, a return to the sharing formula prior to the enactment

of the Omnibus Budget Reconciliation Act of 1993 [Aug. 10, 1993]

is justified."

FUNDS HELD BY COLORADO AND UTAH FROM INTERIOR DEPARTMENT OIL SHALE

TEST LEASES

Section 317(b) of Pub. L. 94-579 provided that: "Funds now held

pursuant to said section 35 [this section] by the States of

Colorado and Utah separately from the Department of the Interior

oil shale test leases known as C-A; C-B; U-A and U-B shall be used

by such States and subdivisions as the legislature of each State

may direct giving priority to those subdivisions socially or

economically impacted by the development of minerals leased under

this Act for (1) planning, (2) construction and maintenance of

public facilities, and (3) provision of public services."

ADMISSION OF ALASKA AS STATE

Effectiveness of amendment by Pub. L. 85-508 was dependent on

admission of Alaska into the Union under sections 6(k) and 8(b) of

Pub. L. 85-508. Admission was accomplished Jan. 3, 1959, on

issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16,

as required by sections 1 and 8(c) of Pub. L. 85-508. See notes

preceding section 21 of Title 48, Territories and Insular

Possessions.

OUTER CONTINENTAL SHELF; REVENUES FROM LEASES

Disposition of revenues from leases on submerged lands of outer

Continental Shelf, see sections 1337 and 1338 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 241, 275, 285, 292, 355,

541f, 1019, 1721, 1735 of this title; title 10 sections 7421, 7435,

7439; title 16 sections 460ll-3, 470h; title 31 section 6903; title

43 section 1747.

-End-

-CITE-

30 USC Sec. 191a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 191a. Late payment charges under Federal mineral leases

-STATUTE-

(a) Distribution of late payment charges

Any interest or other charges paid to the United States by reason

of the late payment of any royalty, rent, bonus, or other amount

due to the United States under any lease issued by the United

States for the extraction of oil, gas, coal, or any other mineral,

or for geothermal steam, shall be deposited in the same account and

distributed to the same recipients, in the same manner, as such

royalty, rent, bonus, or other amount.

(b) Effective date

Subsection (a) of this section shall apply with respect to any

interest, or other charge referred to in subsection (a) of this

section, which is paid to the United States on or after July 1,

1988.

Any interest, or other charge referred to in subsection (a) of

this section, which was paid to the United States before July 1,

1988, and distributed to any State or other recipient is hereby

deemed to be authorized and approved as of the date of payment or

distribution, and no part of any such payment or distribution shall

be recouped from the State or other recipient. This subsection

shall not apply to interest or other charges paid in connection

with any royalty, rent, bonus, or other amount determined not to be

owing to the United States.

-SOURCE-

(Pub. L. 100-524, Sec. 7, Oct. 24, 1988, 102 Stat. 2607.)

-COD-

CODIFICATION

Section was enacted as part of the Congaree Swamp National

Monument Expansion and Wilderness Act, and not as part of act Feb.

25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,

which comprises this chapter.

-End-

-CITE-

30 USC Sec. 191b 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 191b. Collection of unpaid and underpaid royalties and late

payment interest owed by lessees

-STATUTE-

Beginning in fiscal year 1996 and thereafter, the Secretary shall

take appropriate action to collect unpaid and underpaid royalties

and late payment interest owed by Federal and Indian mineral

lessees and other royalty payors on amounts received in settlement

or other resolution of disputes under, and for partial or complete

termination of, sales agreements for minerals from Federal and

Indian leases.

-SOURCE-

(Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,

110 Stat. 1321-156, 1321-167; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-MISC1-

SIMILAR PROVISIONS

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2508.

-End-

-CITE-

30 USC Sec. 192 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 192. Payment of royalties in oil or gas; sale of such oil or

gas

-STATUTE-

All royalty accruing to the United States under any oil or gas

lease or permit under this chapter on demand of the Secretary of

the Interior shall be paid in oil or gas.

Upon granting any oil or gas lease under this chapter, and from

time to time thereafter during said lease, the Secretary of the

Interior shall, except whenever in his judgment it is desirable to

retain the same for the use of the United States, offer for sale

for such period as he may determine, upon notice and advertisement

on sealed bids or at public auction, all royalty oil and gas

accruing or reserved to the United States under such lease. Such

advertisement and sale shall reserve to the Secretary of the

Interior the right to reject all bids whenever within his judgment

the interest of the United States demands; and in cases where no

satisfactory bid is received or where the accepted bidder fails to

complete the purchase, or where the Secretary of the Interior shall

determine that it is unwise in the public interest to accept the

offer of the highest bidder, the Secretary of the Interior, within

his discretion, may readvertise such royalty for sale, or sell at

private sale at not less than the market price for such period, or

accept the value thereof from the lessee: Provided, That inasmuch

as the public interest will be served by the sale of royalty oil to

refineries not having their own source of supply for crude oil, the

Secretary of the Interior, when he determines that sufficient

supplies of crude oil are not available in the open market to such

refineries, is authorized and directed to grant preference to such

refineries in the sale of oil under the provisions of this section,

for processing or use in such refineries and not for resale in

kind, and in so doing may sell to such refineries at private sale

at not less than the market price any royalty oil accruing or

reserved to the United States under leases issued pursuant to this

chapter: Provided further, That in selling such royalty oil the

Secretary of the Interior may at his discretion prorate such oil

among such refineries in the area in which the oil is produced:

Provided, however, That pending the making of a permanent contract

for the sale of any royalty, oil or gas as herein provided, the

Secretary of the Interior may sell the current product at private

sale, at not less than the market price: And provided further, That

any royalty, oil, or gas may be sold at not less than the market

price at private sale to any department or agency of the United

States.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 36, 41 Stat. 451; July 13, 1946, ch.

574, 60 Stat. 533.)

-MISC1-

AMENDMENTS

1946 - Act July 13, 1946, inserted first two provisos which were

enacted in order to assist small business enterprise by encouraging

the operation of oil refineries not having an adequate supply of

crude oil.

OUTER CONTINENTAL SHELF; ROYALTIES FROM LEASES

Payment of royalties from mineral leases on submerged lands of

outer Continental Shelf, see section 1337 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 192a, 192b, 275, 285 of

this title; title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 192a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 192a. Cancellation or modification of contracts

-STATUTE-

Where, under any existing contract entered into pursuant to the

first proviso in the second paragraph of section 192 of this title,

any refinery is required to pay a premium price for the purchase of

Government royalty oil, such refinery may, at its option, by

written notice to the Secretary of the Interior, elect either -

(1) to terminate such contract, the termination to take place

at the end of the calendar month following the month in which

such notice is given; or

(2) to retain such contract with the modifications, that (a)

the price, on and after March 1, 1949, shall be as defined in the

contract, without premium payments, (b) any credit thereby

resulting from past premium payments shall be added to the

refinery's account, and (c) the Secretary may, at his option,

elect to terminate the contract as so modified, such termination

to take place at the end of the third calendar month following

the month in which written notice thereof is given by the

Secretary.

-SOURCE-

(Sept. 1, 1949, ch. 529, Sec. 1, 63 Stat. 682.)

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 192b, 192c of this title;

title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 192b 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 192b. Application to contracts

-STATUTE-

The provisions of sections 192a to 192c of this title shall apply

to all existing contracts for the purchase of Government royalty

oil entered into after July 13, 1946, and prior to September 1,

1949, irrespective of whether a determination of preference status

was made in connection with the award of such contracts, but shall

not apply to any such contract which subsequent to its award has

been transferred, through the acquisition of stock interests or

other transactions, to the ownership or control of a refinery

ineligible for a preference under section 192 of this title, and

the regulations in force thereunder at the time of such transfer.

-SOURCE-

(Sept. 1, 1949, ch. 529, Sec. 2, 63 Stat. 682.)

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 192c of this title; title

10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 192c 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 192c. Rules and regulations governing issuance of certain

leases; disposition of receipts

-STATUTE-

The Secretary of the Interior is authorized under general rules

and regulations to be prescribed by him to issue leases or permits

for the exploration, development, and utilization of the mineral

deposits, other than those subject to the provisions of chapter 7

of this title, in those lands added to the Shasta National Forest

by the Act of March 19, 1948 (Public Law 449, Eightieth Congress),

which were acquired with funds of the United States or lands

received in exchange therefor: Provided, That any permit or lease

of such deposits in lands administered by the Secretary of

Agriculture shall be issued only with his consent and subject to

such conditions as he may prescribe to insure the adequate

utilization of the lands for the purposes set forth in the Act of

March 19, 1948: And provided further, That all receipts derived

from leases or permits issued under the authority of sections 192a

to 192c of this title shall be paid into the same funds or accounts

in the Treasury and shall be distributed in the same manner as

prescribed for other receipts from the lands affected by the lease

or permit, the intention of this provision being that sections 192a

to 192c of this title shall not affect the distribution of receipts

pursuant to legislation applicable to such lands.

-SOURCE-

(Sept. 1, 1949, ch. 529, Sec. 3, 63 Stat. 683.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 19, 1948 (Public Law 449, Eightieth Congress),

referred to in text, is act Mar. 19, 1948, ch. 139, 62 Stat. 83.

See Shasta National Forest codification note set out under sections

486a to 486w of Title 16, Conservation.

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior under this section, with

respect to use and disposal from lands under jurisdiction of

Secretary of Agriculture of those mineral materials which Secretary

of Agriculture is authorized to dispose of from other lands under

his jurisdiction under sections 601 to 604 and 611 to 615 of this

title, see Pub. L. 86-509, June 11, 1960, 74 Stat. 205, set out as

a Transfer of Functions from Secretary of the Interior to Secretary

of Agriculture note under section 2201 of Title 7, Agriculture.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 192b of this title; title

16 section 460q-5.

-End-

-CITE-

30 USC Sec. 193 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 193. Disposition of deposits of coal, and so forth

-STATUTE-

The deposits of coal, phosphate, sodium, potassium, oil, oil

shale, and gas, herein referred to, in lands valuable for such

minerals, including lands and deposits in Lander, Wyoming, coal

entries numbered 18 to 49, inclusive, shall be subject to

disposition only in the form and manner provided in this chapter,

except as provided in sections 1716 and 1719 of title 43, and

except as to valid claims existent on February 25, 1920, and

thereafter maintained in compliance with the laws under which

initiated, which claims may be perfected under such laws, including

discovery.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 37, 41 Stat. 451; Feb. 7, 1927, ch.

66, Sec. 5, 44 Stat. 1058; Aug. 8, 1946, ch. 916, Sec. 11, 60 Stat.

957; Pub. L. 95-554, Sec. 4, Oct. 30, 1978, 92 Stat. 2074.)

-COD-

CODIFICATION

Section was from act Feb. 25, 1920, in which words now reading

"in Lander, Wyoming, coal entries numbered 18 to 49, inclusive,"

originally read "described in the joint resolution entitled 'Joint

resolution authorizing the Secretary of the Interior to permit the

continuation of coal mining operations on certain lands in

Wyoming,' approved August 12, 1912, (Thirty-seven Statutes at Large

p. 1346)." The change was effected by interpolation, in lieu of the

reference to the 1912 resolution, the actual description of lands

contained in said resolution.

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-554 provided for disposition of minerals as

provided in sections 1716 and 1719 of title 43.

1946 - Act Aug. 8, 1946, excluded from section 5 of act Feb. 7,

1927, the incorporation, by reference, of section 181 of this

title, and reenacted inclusion of deposits of potassium.

1927 - Act Feb. 7, 1927, included deposits of potassium.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 275, 285 of this title;

title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 193a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 193a. Preference right of United States to purchase coal for

Army and Navy; price for coal; civil actions; jurisdiction

-STATUTE-

The United States shall, at all times, have the preference right

to purchase so much of the product of any mine or mines opened upon

the lands sold under the provisions of this Act, as may be

necessary for the use of the Army and Navy, and at such reasonable

and remunerative price as may be fixed by the President; but the

producers of any coal so purchased who may be dissatisfied with the

price thus fixed shall have the right to prosecute suits against

the United States in the United States Court of Federal Claims for

the recovery of any additional sum or sums they may claim as justly

due upon such purchase.

-SOURCE-

(May 28, 1908, ch. 211, Sec. 2, 35 Stat. 424; Pub. L. 97-164, title

I, Sec. 160(a)(10), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102-572,

title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act May 28, 1908, ch. 211, 35

Stat. 424. Sections 1, 3, and 4 of this Act related to

consolidation of claims permitted and the limit of acreage,

prohibition against unlawful trusts, etc., and contents of patents,

respectively, and are not classified to the Code.

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

Section was formerly classified to section 453 of Title 48,

Territories and Insular Possessions.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 substituted "United States Claims Court"

for "Court of Claims".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 194 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 194. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 644

-MISC1-

Section, acts Feb. 25, 1920, ch. 85, Sec. 38, 41 Stat. 451; Mar.

3, 1925, ch. 462, 43 Stat. 1145, related to fees and commissions of

registers (successors to consolidated offices of registers and

receivers), the predecessors of managers.

-End-

-CITE-

30 USC Sec. 195 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 195. Enforcement

-STATUTE-

(a) Violations

It shall be unlawful for any person:

(1) to organize or participate in any scheme, arrangement,

plan, or agreement to circumvent or defeat the provisions of this

chapter or its implementing regulations, or

(2) to seek to obtain or to obtain any money or property by

means of false statements of material facts or by failing to

state material facts concerning:

(A) the value of any lease or portion thereof issued or to be

issued under this chapter;

(B) the availability of any land for leasing under this

chapter;

chapter; or

(D) the provisions of this chapter and its implementing

regulations.

(b) Penalty

Any person who knowingly violates the provisions of subsection

(a) of this section shall be punished by a fine of not more than

$500,000, imprisonment for not more than five years, or both.

Whenever it shall appear that any person is engaged, or is about

to engage, in any act which constitutes or will constitute a

violation of subsection (a) of this section, the Attorney General

may institute a civil action in the district court of the United

States for the judicial district in which the defendant resides or

in which the violation occurred or in which the lease or land

involved is located, for a temporary restraining order, injunction,

civil penalty of not more than $100,000 for each violation, or

other appropriate remedy, including but not limited to, a

prohibition from participation in exploration, leasing, or

development of any Federal mineral, or any combination of the

foregoing.

(d) Corporations

(1) Whenever a corporation or other entity is subject to civil or

criminal action under this section, any officer, employee, or agent

of such corporation or entity who knowingly authorized, ordered, or

carried out the proscribed activity shall be subject to the same

action.

(2) Whenever any officer, employee, or agent of a corporation or

other entity is subject to civil or criminal action under this

section for activity conducted on behalf of the corporation or

other entity, the corporation or other entity shall be subject to

the same action, unless it is shown that the officer, employee, or

agent was acting without the knowledge or consent of the

corporation or other entity.

(e) Remedies, fines, and imprisonment

The remedies, penalties, fines, and imprisonment prescribed in

this section shall be concurrent and cumulative and the exercise of

one shall not preclude the exercise of the others. Further, the

remedies, penalties, fines, and imprisonment prescribed in this

section shall be in addition to any other remedies, penalties,

fines, and imprisonment afforded by any other law or regulation.

(f) State civil actions

(1) A State may commence a civil action under subsection (c) of

this section against any person conducting activity within the

State in violation of this section. Civil actions brought by a

State shall only be brought in the United States district court for

the judicial district in which the defendant resides or in which

the violation occurred or in which the lease or land involved is

located. The district court shall have jurisdiction, without regard

to the amount in controversy or the citizenship of the parties, to

order appropriate remedies and penalties as described in subsection

(2) A State shall notify the Attorney General of the United

States of any civil action filed by the State under this subsection

within 30 days of filing of the action. The Attorney General of the

United States shall notify a State of any civil action arising from

activity conducted within that State filed by the Attorney General

under this subsection within 30 days of filing of the action.

(3) Any civil penalties recovered by a State under this

subsection shall be retained by the State and may be expended in

such manner and for such purposes as the State deems appropriate.

If a civil action is jointly brought by the Attorney General and a

State, by more than one State or by the Attorney General and more

than one State, any civil penalties recovered as a result of the

joint action shall be shared by the parties bringing the action in

the manner determined by the court rendering judgment in such

action.

(4) If a State has commenced a civil action against a person

conducting activity within the State in violation of this section,

the Attorney General may join in such action but may not institute

a separate action arising from the same activity under this

section. If the Attorney General has commenced a civil action

against a person conducting activity within a State in violation of

this section, that State may join in such action but may not

institute a separate action arising from the same activity under

this section.

(5) Nothing in this section shall deprive a State of jurisdiction

to enforce its own civil and criminal laws against any person who

may also be subject to civil and criminal action under this

section.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 41, as added Pub. L. 100-203, title V,

Sec. 5108, Dec. 22, 1987, 101 Stat. 1330-260.)

-End-

-CITE-

30 USC Sec. 196 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 196. Cooperative agreements; delegation of authority

-STATUTE-

Notwithstanding any other provision of law, for fiscal year 1992

and each year thereafter, the Secretary of the Interior or his

designee is authorized to -

(a) enter into a cooperative agreement or agreements with any

State or Indian tribe to share royalty management information, to

carry out inspection, auditing, investigation or enforcement (not

including the collection of royalties, civil penalties, or other

payments) activities in cooperation with the Secretary, except

that the Secretary shall not enter into such cooperative

agreement with a State with respect to any such activities on

Indian lands except with the permission of the Indian tribe

involved; and

(b) upon written request of any State, to delegate to the State

all or part of the authorities and responsibilities of the

Secretary under the authorizing leasing statutes, leases, and

regulations promulgated pursuant thereto to conduct audits,

investigations, and inspections, except that the Secretary shall

not undertake such a delegation with respect to any Indian lands

except with permission of the Indian tribe involved,

with respect to any lease authorizing exploration for or

development of coal, any other solid mineral, or geothermal steam

on any Federal lands or Indian lands within the State or with

respect to any lease or portion of a lease subject to section

1337(g) of title 43, on the same terms and conditions as those

authorized for oil and gas leases under sections 1732, 1733, 1735,

and 1736 of this title and the regulations duly promulgated with

respect thereto: Provided further, That section 1734 of this title

shall apply to leases authorizing exploration for or development of

coal, any other solid mineral, or geothermal steam on any Federal

lands, or to any lease or portion of a lease subject to section

1337(g) of title 43: Provided further, That the Secretary shall

compensate any State or Indian tribe for those costs which are

necessary to carry out activities conducted pursuant to such

cooperative agreement or delegation.

-SOURCE-

(Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1001.)

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-End-

-CITE-

30 USC SUBCHAPTER II - COAL 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

SUBCHAPTER II - COAL

-End-

-CITE-

30 USC Sec. 201 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

Sec. 201. Leases and exploration

-STATUTE-

(a) Division into tracts; bidding and award; negotiated sales on

exercise of right-of-way permits; leases to public agencies; fair

market value of leases; leases in National Forests; comprehensive

land-use plans; notice of proposed lease offering

(1) The Secretary of the Interior is authorized to divide any

lands subject to this chapter which have been classified for coal

leasing into leasing tracts of such size as he finds appropriate

and in the public interest and which will permit the mining of all

coal which can be economically extracted in such tract and

thereafter he shall, in his discretion, upon the request of any

qualified applicant or on his own motion, from time to time, offer

such lands for leasing and shall award leases thereon by

competitive bidding: Provided, That notwithstanding the competitive

bidding requirement of this section, the Secretary may, subject to

such conditions which he deems appropriate, negotiate the sale at

fair market value of coal the removal of which is necessary and

incidental to the exercise of a right-of-way permit issued pursuant

to title V of the Federal Land Policy and Management Act of 1976

[43 U.S.C. 1761 et seq.]. No less than 50 per centum of the total

acreage offered for lease by the Secretary in any one year shall be

leased under a system of deferred bonus payment. Upon default or

cancellation of any coal lease for which bonus payments are due,

any unpaid remainder of the bid shall be immediately payable to the

United States. A reasonable number of leasing tracts shall be

reserved and offered for lease in accordance with this section to

public bodies, including Federal agencies, rural electric

cooperatives, or nonprofit corporations controlled by any of such

entities: Provided, That the coal so offered for lease shall be for

use by such entity or entities in implementing a definite plan to

produce energy for their own use or for sale to their members or

customers (except for short-term sales to others). No bid shall be

accepted which is less than the fair market value, as determined by

the Secretary, of the coal subject to the lease. Prior to his

determination of the fair market value of the coal subject to the

lease, the Secretary shall give opportunity for and consideration

to public comments on the fair market value. Nothing in this

section shall be construed to require the Secretary to make public

his judgment as to the fair market value of the coal to be leased,

or the comments he receives thereon prior to the issuance of the

lease. He is authorized, in awarding leases for coal lands improved

and occupied or claimed in good faith, prior to February 25, 1920,

to consider and recognize equitable rights of such occupants or

claimants.

(2)(A) The Secretary shall not issue a lease or leases under the

terms of this chapter to any person, association, corporation, or

any subsidiary, affiliate, or persons controlled by or under common

control with such person, association, or corporation, where any

such entity holds a lease or leases issued by the United States to

coal deposits and has held such lease or leases for a period of ten

years when such entity is not, except as provided for in section

207(b) of this title, producing coal from the lease deposits in

commercial quantities. In computing the ten-year period referred to

in the preceding sentence, periods of time prior to August 4, 1976,

shall not be counted.

(B) Any lease proposal which permits surface coal mining within

the boundaries of a National Forest which the Secretary proposes to

issue under this chapter shall be submitted to the Governor of each

State within which the coal deposits subject to such lease are

located. No such lease may be issued under this chapter before the

expiration of the sixty-day period beginning on the date of such

submission. If any Governor to whom a proposed lease was submitted

under this subparagraph objects to the issuance of such lease, such

lease shall not be issued before the expiration of the six-month

period beginning on the date the Secretary is notified by the

Governor of such objection. During such six-month period, the

Governor may submit to the Secretary a statement of reasons why

such lease should not be issued and the Secretary shall, on the

basis of such statement, reconsider the issuance of such lease.

(3)(A)(i) No lease sale shall be held unless the lands containing

the coal deposits have been included in a comprehensive land-use

plan and such sale is compatible with such plan. The Secretary of

the Interior shall prepare such land-use plans on lands under his

responsibility where such plans have not been previously prepared.

The Secretary of the Interior shall inform the Secretary of

Agriculture of substantial development interest in coal leasing on

lands within the National Forest System. Upon receipt of such

notification from the Secretary of the Interior, the Secretary of

Agriculture shall prepare a comprehensive land-use plan for such

areas where such plans have not been previously prepared. The plan

of the Secretary of Agriculture shall take into consideration the

proposed coal development in these lands: Provided, That where the

Secretary of the Interior finds that because of non-Federal

interest in the surface or because the coal resources are

insufficient to justify the preparation costs of a Federal

comprehensive land-use plan, the lease sale can be held if the

lands containing the coal deposits have been included in either a

comprehensive land-use plan prepared by the State within which the

lands are located or a land use analysis prepared by the Secretary

of the Interior.

(ii) In preparing such land-use plans, the Secretary of the

Interior or, in the case of lands within the National Forest

System, the Secretary of Agriculture, or in the case of a finding

by the Secretary of the Interior that because of non-Federal

interests in the surface or insufficient Federal coal, no Federal

comprehensive land-use plans can be appropriately prepared, the

responsible State entity shall consult with appropriate State

agencies and local governments and the general public and shall

provide an opportunity for public hearing on proposed plans prior

to their adoption, if requested by any person having an interest

which is, or may be, adversely affected by the adoption of such

plans.

(iii) Leases covering lands the surface of which is under the

jurisdiction of any Federal agency other than the Department of the

Interior may be issued only upon consent of the other Federal

agency and upon such conditions as it may prescribe with respect to

the use and protection of the nonmineral interests in those lands.

(B) Each land-use plan prepared by the Secretary (or in the case

of lands within the National Forest System, the Secretary of

Agriculture pursuant to subparagraph (A)(i)) shall include an

assessment of the amount of coal deposits in such land, identifying

the amount of such coal which is recoverable by deep mining

operations and the amount of such coal which is recoverable by

surface mining operations.

consider effects which mining of the proposed lease might have on

an impacted community or area, including, but not limited to,

impacts on the environment, on agricultural and other economic

activities, and on public services. Prior to issuance of a lease,

the Secretary shall evaluate and compare the effects of recovering

coal by deep mining, by surface mining, and by any other method to

determine which method or methods or sequence of methods achieves

the maximum economic recovery of the coal within the proposed

leasing tract. This evaluation and comparison by the Secretary

shall be in writing but shall not prohibit the issuance of a lease;

however, no mining operating plan shall be approved which is not

found to achieve the maximum economic recovery of the coal within

the tract. Public hearings in the area shall be held by the

Secretary prior to the lease sale.

(D) No lease sale shall be held until after the notice of the

proposed offering for lease has been given once a week for three

consecutive weeks in a newspaper of general circulation in the

county in which the lands are situated in accordance with

regulations prescribed by the Secretary.

(E) Each coal lease shall contain provisions requiring compliance

with the Federal Water Pollution Control Act (33 U.S.C. 1151-1175)

[33 U.S.C. 1251 et seq.] and the Clean Air Act [42 U.S.C. 7401 et

seq.].

(b) Exploration licenses; term; rights and conditions; violations

(1) The Secretary may, under such regulations as he may

prescribe, issue to any person an exploration license. No person

may conduct coal exploration for commercial purposes for any coal

on lands subject to this chapter without such an exploration

license. Each exploration license shall be for a term of not more

than two years and shall be subject to a reasonable fee. An

exploration license shall confer no right to a lease under this

chapter. The issuance of exploration licenses shall not preclude

the Secretary from issuing coal leases at such times and locations

and to such persons as he deems appropriate. No exploration license

will be issued for any land on which a coal lease has been issued.

A separate exploration license will be required for exploration in

each State. An application for an exploration license shall

identify general areas and probable methods of exploration. Each

exploration license shall contain such reasonable conditions as the

Secretary may require, including conditions to insure the

protection of the environment, and shall be subject to all

applicable Federal, State, and local laws and regulations. Upon

violation of any such conditions or laws the Secretary may revoke

the exploration license.

(2) A licensee may not cause substantial disturbance to the

natural land surface. He may not remove any coal for sale but may

remove a reasonable amount of coal from the lands subject to this

chapter included under his license for analysis and study. A

licensee must comply with all applicable rules and regulations of

the Federal agency having jurisdiction over the surface of the

lands subject to this chapter. Exploration licenses covering lands

the surface of which is under the jurisdiction of any Federal

agency other than the Department of the Interior may be issued only

upon such conditions as it may prescribe with respect to the use

and protection of the nonmineral interests in those lands.

(3) The licensee shall furnish to the Secretary copies of all

data (including, but not limited to, geological, geophyscal,(!1)

and core drilling analyses) obtained during such exploration. The

Secretary shall maintain the confidentiality of all data so

obtained until after the areas involved have been leased or until

such time as he determines that making the data available to the

public would not damage the competitive position of the licensee,

whichever comes first.

(4) Any person who willfully conducts coal exploration for

commercial purposes on lands subject to this chapter without an

exploration license issued hereunder shall be subject to a fine of

not more than $1,000 for each day of violation. All data collected

by said person on any Federal lands as a result of such violation

shall be made immediately available to the Secretary, who shall

make the data available to the public as soon as it is practicable.

No penalty under this subsection shall be assessed unless such

person is given notice and opportunity for a hearing with respect

to such violation.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 2(a), (b), 41 Stat. 438; June 3, 1948,

ch. 379, Sec. 1, 62 Stat. 289; Pub. L. 86-252, Sec. 2, Sept. 9,

1959, 73 Stat. 490; Pub. L. 88-526, Sec. 2(a), (b), Aug. 31, 1964,

78 Stat. 710; Pub. L. 94-377, Secs. 2-4, Aug. 4, 1976, 90 Stat.

1083, 1085; Pub. L. 95-554, Sec. 2, Oct. 30, 1978, 92 Stat. 2073.)

-REFTEXT-

REFERENCES IN TEXT

This section, referred to in subsec. (a)(1), is section 2 of act

Feb. 25, 1920, as amended, which is comprised of subsecs. (a) to

(d). Subsecs. (a) and (b) of section 2 comprise this section,

subsec. (c) of section 2 comprises section 202 of this title, and

subsec. (d) of section 2, as added by section 5(b) of Pub. L.

94-377, comprises section 202a of this title.

The Federal Land Policy and Management Act of 1976, referred to

in subsec. (a)(1), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743,

as amended. Title V of the Federal Land Policy and Management Act

of 1976 is classified generally to subchapter V (Sec. 1761 et seq.)

of chapter 35 of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title note set

out under section 1701 of Title 43 and Tables.

The Federal Water Pollution Control Act, referred to in subsec.

(a)(3)(E), is act June 30, 1948, ch. 758, 62 Stat. 1155, formerly

classified to chapter 23 (Sec. 1151 et seq.) of Title 33,

Navigation and Navigable Waters, which was completely revised by

Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, and is

classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33.

For complete classification of this Act to the Code, see Short

Title note set out under section 1251 of Title 33 and Tables.

The Clean Air Act, referred to in subsec. (a)(3)(E), is act July

14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of Title 42

and Tables.

-COD-

CODIFICATION

Section is comprised of subsecs. (a) and (b) of section 2 of act

Feb. 25, 1920, as amended by section 1 of act June 3, 1948. Subsec.

of this title. Subsec. (d) of said section 2, as added by Pub. L.

94-377, Sec. 5(b), Aug. 4, 1976, 90 Stat. 1086, is classified to

section 202a of this title.

-MISC1-

AMENDMENTS

1978 - Subsec. (a)(1). Pub. L. 95-554 authorized negotiated fair

market value sales of coal when exercising Federal land policy and

management right-of-way permits.

1976 - Subsec. (a). Pub. L. 94-377, Sec. 2, designated existing

provisions as par. (1), substituted provisions authorizing the

division of any lands subject to this chapter which have been

classified for coal leasing into tracts as the Secretary finds

appropriate, in the public interest and will permit the mining of

all economically extractable coal, such leases to be awarded by

competitive bidding for provisions authorizing the division of

classified or unclassified lands into tracts of forty acres, or

multiples thereof, in such form as, in the Secretary's opinion will

permit the most economical mining, such leases to be awarded by

competitive bidding or by such other method adopted by general

regulation, inserted provisions relating to deferred bonus payments

leasing, leasing to public agencies, and to the fair market value

of leases, struck out provision for notice of proposed offering for

lease in a newspaper of general circulation prior to approval or

issuance of a competitive lease of coal, and added pars. (2) and

(3).

Subsec. (b). Pub. L. 94-377, Sec. 4, designated existing

provisions as par. (1), substituted provisions relating to the

issuance, term and conditions of exploration licenses for

provisions relating to the issuance of prospecting permits for a

term of two years, for not exceeding 5125 acres, with an extension

period of two years if the permittee has been unable, with the

exercise of reasonable diligence to determine the existence or

workability of coal deposits and desires further exploration, and

added pars. (2) to (4).

1964 - Subsec. (a). Pub. L. 88-526, Sec. 2(a), removed limitation

on a single competitive lease by striking out "but in no case

exceeding two thousand five hundred and sixty acres in any one

leasing tract," after "such tracts,".

Subsec. (b). Pub. L. 88-526, Sec. 2(b), increased limitation on

the area carried by a prospecting permit from 2,560 to 5,120 acres.

1959 - Subsec. (a). Pub. L. 86-252 struck out "outside of the

Territory of Alaska," after "United States,".

1948 - Act June 3, 1948, amended section generally, dividing it

into subsections (a) to (c) and making minor technical changes.

Subsecs. (a) and (b) comprise this section and subsec. (c) is set

out as section 202 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Pub. L. 99-190, Sec. 101(d) [title III, Sec. 320], Dec. 19, 1985,

99 Stat. 1224, 1266, provided that: "The provisions of section

2(a)(2)(A) of the Mineral Lands Leasing Act of 1920 (41 Stat. 437)

[subsec. (a)(2)(A) of this section], as amended by section 3 of the

Federal Coal Leasing Amendments Act of 1976 (90 Stat. 1083) [Pub.

L. 94-377, see 1976 Amendment note above] shall not take effect

until December 31, 1986."

SAVINGS PROVISION

Section 4 of Pub. L. 94-377 provided that the amendment made by

that section is subject to valid existing rights.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior, referred to subsec.

(a)(3)(D), to promulgate regulations under this chapter relating to

fostering of competition for Federal leases transferred to

Secretary of Energy by section 7152(b) of Title 42, The Public

Health and Welfare. Section 7152(b) of Title 42 was repealed by

Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,

and functions of Secretary of Energy returned to Secretary of the

Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

-MISC2-

STUDY OF COAL LEASES BY DIRECTOR OF THE OFFICE OF TECHNOLOGY

ASSESSMENT

Section 10 of Pub. L. 94-377 provided that the Director of the

Office of Technology Assessment conduct a complete study of coal

leases entered into by the United States under sections 201, 202,

and 202a of this title, which study was to include an analysis of

all mining activities, present and potential value of these leases,

receipts to the Federal Government from these leases, and

recommendations as to the feasibility of the use of deep mining

technology in leased areas, with the results of his study to be

submitted to Congress within one year after Aug. 4, 1976.

COAL MINING ON AREAS OF NATIONAL PARK, WILDLIFE, WILDERNESS

PRESERVATION, TRAIL, SCENIC RIVERS, SYSTEMS NOT AUTHORIZED

Section 16 of Pub. L. 94-377 provided that: "Nothing in this Act

[see Short Title of 1976 Amendment note under section 181 of this

title], or the Mineral Lands Leasing Act [this chapter] and the

Mineral Leasing Act for Acquired Lands [section 351 et seq. of this

title] which are amended by this Act, shall be construed as

authorizing coal mining on any area of the National Park System,

the National Wildlife Refuge System, the National Wilderness

Preservation System, the National System of Trails, and the Wild

and Scenic Rivers System, including study rivers designated under

section 5(a) of the Wild and Scenic Rivers Act [section 1276(a) of

Title 16, Conservation]."

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 202, 208, 208-1, 1262,

1263, 1272, 1273, 1304 of this title; title 10 sections 7421, 7435;

title 16 section 460ll-3.

-FOOTNOTE-

(!1) So in original. Probably should be "geophysical,".

-End-

-CITE-

30 USC Sec. 201-1 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

Sec. 201-1. Repealed. Pub. L. 94-377, Sec. 5(a), Aug. 4, 1976, 90

Stat. 1086

-MISC1-

Section, Pub. L. 88-526, Sec. 2(c), (d), Aug. 31, 1964, 78 Stat.

710, permitted the entering into of contracts for collective

prospecting, development or operation of coalfields by lessees for

the purpose of conserving natural resources.

SAVINGS PROVISION

Section 5(a) of Pub. L. 94-377 provided that the repeal of this

section is subject to valid existing rights.

-End-

-CITE-

30 USC Sec. 201a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

Sec. 201a. Repealed. June 3, 1948, ch. 379, Sec. 8, 62 Stat. 291

-MISC1-

Section, act Mar. 9, 1928, ch. 159, Sec. 1, 45 Stat. 251, related

to extension of coal prospecting permits.

-End-

-CITE-

30 USC Sec. 201b 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

Sec. 201b. Omitted

-COD-

CODIFICATION

Section, act Mar. 9, 1928, ch. 159, Sec. 2, 45 Stat. 251,

provided for extension of coal permits already expired for a period

of two years from Mar. 9, 1928.

-End-

-CITE-

30 USC Sec. 202 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

Sec. 202. Common carriers; limitations of lease or permit

-STATUTE-

No company or corporation operating a common-carrier railroad

shall be given or hold a permit or lease under the provisions of

this chapter for any coal deposits except for its own use for

railroad purposes; and such limitations of use shall be expressed

in all permits and leases issued to such companies or corporations;

and no such company or corporation shall receive or hold under

permit or lease more than ten thousand two hundred and forty acres

in the aggregate nor more than one permit or lease for each two

hundred miles of its railroad lines served or to be served from

such coal deposits exclusive of spurs or switches and exclusive of

branch lines built to connect the leased coal with the railroad,

and also exclusive of parts of the railroad operated mainly by

power produced otherwise than by steam.

Nothing in this section and section 201 of this title shall

preclude such a railroad of less than two hundred miles in length

from securing one permit or lease thereunder but no railroad shall

hold a permit or lease for lands in any State in which it does not

operate main or branch lines.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 2(c), 41 Stat. 438; June 13, 1944, ch.

244, 58 Stat. 275; June 3, 1948, ch. 379, Sec. 1, 62 Stat. 289.)

-COD-

CODIFICATION

Section is comprised of subsec. (c) of section 2 of act Feb. 25,

1920, as amended by section 1 of act June 3, 1948. Subsecs. (a) and

(b) of section 2 of act Feb. 25, 1920, are classified to section

201 of this title. Subsec. (d) of said section 2, as added by Pub.

L. 94-377, Sec. 5(b), Aug. 4, 1976, 90 Stat. 1086, is classified to

section 202a of this title.

-MISC1-

AMENDMENTS

1948 - Act June 3, 1948, reenacted this section without change

except to make it subsec. (c) of section 2 of act Feb. 25, 1920.

1944 - Act June 13, 1944, inserted "more than ten thousand two

hundred and forty acres in the aggregate nor" before "more than one

permit", substituted "railroad lines served or to be served from

such coal deposits" for "railroad line within the State in which

such property is situated,", and prohibited a railroad from holding

a permit or lease for lands in any State in which it did not

operate main or branch lines.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 208 of this title; title

10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 202a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

Sec. 202a. Consolidation of coal leases into logical mining unit

-STATUTE-

(1) Approval by Secretary; public hearing; definition

The Secretary, upon determining that maximum economic recovery of

the coal deposit or deposits is served thereby, may approve the

consolidation of coal leases into a logical mining unit. Such

consolidation may only take place after a public hearing, if

requested by any person whose interest is or may be adversely

affected. A logical mining unit is an area of land in which the

coal resources can be developed in an efficient, economical, and

orderly manner as a unit with due regard to conservation of coal

reserves and other resources. A logical mining unit may consist of

one or more Federal leaseholds, and may include intervening or

adjacent lands in which the United States does not own the coal

resources, but all the lands in a logical mining unit must be under

the effective control of a single operator, be able to be developed

and operated as a single operation and be contiguous.

(2) Mining plan; requirements

After the Secretary has approved the establishment of a logical

mining unit, any mining plan approved for that unit must require

such diligent development, operation, and production that the

reserves of the entire unit will be mined within a period

established by the Secretary which shall not be more than forty

years.

(3) Conditions for approval

In approving a logical mining unit, the Secretary may provide,

among other things, that (i) diligent development, continuous

operation, and production on any Federal lease or non-Federal land

in the logical mining unit shall be construed as occurring on all

Federal leases in that logical mining unit, and (ii) the rentals

and royalties for all Federal leases in a logical mining unit may

be combined, and advanced royalties paid for any lease within a

logical mining unit may be credited against such combined

royalties.

(4) Amendment to lease

The Secretary may amend the provisions of any lease included in a

logical mining unit so that mining under that lease will be

consistent with the requirements imposed on that logical mining

unit.

(5) Leases issued before date of enactment of this Act

Leases issued before the date of enactment of this Act may be

included with the consent of all lessees in such logical mining

unit, and, if so included, shall be subject to the provisions of

this section.

(6) Lessee required to form unit

By regulation the Secretary may require a lessee under this

chapter to form a logical mining unit, and may provide for

determination of participating acreage within a unit.

(7) Required acreage

No logical mining unit shall be approved by the Secretary if the

total acreage (both Federal and non-Federal) of the unit would

exceed twenty-five thousand acres.

(8) Acreage limitations for coal leases not waived

Nothing in this section shall be construed to waive the acreage

limitations for coal leases contained in section 184(a) of this

title.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 2(d), as added Pub. L. 94-377, Sec.

5(b), Aug. 4, 1976, 90 Stat. 1086.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this Act, referred to in par. (5),

probably means the date of enactment of Pub. L. 94-377, which was

approved Aug. 4, 1976.

This section, referred to in pars. (5) and (8), is section 2 of

act Feb. 25, 1920, as amended, which is comprised of subsecs. (a)

to (d). Subsecs. (a) and (b) of section 2 are classified to section

201 of this title, subsec. (c) of section 2 is classified to

section 202 of this title, and subsec. (d) of section 2, as added

by section 5(b) of Pub. L. 94-377, is classified to this section.

-COD-

CODIFICATION

Section is comprised of subsec. (d) of section 2 of act Feb. 25,

1920, as added by Pub. L. 94-377. Subsecs. (a) and (b) of said

section 2 are classified to section 201 of this title. Subsec. (c)

of said section 2 is classified to section 202 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 203, 1272 of this title.

-End-

-CITE-

30 USC Sec. 203 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

Sec. 203. Additional contiguous or cornering lands allowed lessees;

application of production or mining plan requirements and minimum

royalty provisions

-STATUTE-

Any person, association, or corporation holding a lease of coal

lands or coal deposits under the provisions of this chapter may

with the approval of the Secretary of the Interior, upon a finding

by him that it would be in the interest of the United States,

secure modifications of the original coal lease by including

additional coal lands or coal deposits contiguous or cornering to

those embraced in such lease, but in no event shall the total area

added by such modifications to an existing coal lease exceed one

hundred sixty acres, or add acreage larger than that in the

original lease. The Secretary shall prescribe terms and conditions

which shall be consistent with this chapter and applicable to all

of the acreage in such modified lease except that nothing in this

section shall require the Secretary to apply the production or

mining plan requirements of sections 202a(2) and 207(c) of this

title. The minimum royalty provisions of section 207(a) of this

title shall not apply to any lands covered by this modified lease

prior to a modification until the term of the original lease or

extension thereof which became effective prior to the effective

date of this Act has expired.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 3, 41 Stat. 439; Pub. L. 94-377, Sec.

13(b), Aug. 4, 1976, 90 Stat. 1090; Pub. L. 95-554, Sec. 3, Oct.

30, 1978, 92 Stat. 2074.)

-REFTEXT-

REFERENCES IN TEXT

Sections 202a(2) and 207(c) of this title, referred to in text,

was in the original "section 2(d)(2) and 7(c) of this Act (30

U.S.C. 201(d)(2) and 207(c))", but was translated as sections

202a(2) and 207(c) of this title as the probable intent of

Congress.

The effective date of this Act, referred to in text, probably

means the date of enactment of Pub. L. 95-554, which was approved

Oct. 30, 1978.

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-554 authorized modification of leases to

include coal lands or coal deposits cornering to those embraced in

the leases and inserted provision respecting application of

production or mining plan requirements of sections 202a(2) and

207(c) and minimum royalty provisions of section 207(a) of this

title.

1976 - Pub. L. 94-377 struck out the advantage to the lessee as

one of the conditions for modification of the original lease,

substituted provision prohibiting the addition of total area in

excess of 160 acres or adding acreage larger than that in the

original lease for provision limiting the total area embraced in

such modified lease to an aggregate of 2560 acres, and inserted

provision authorizing the Secretary to prescribe terms and

conditions consistent with this chapter which shall be applicable

to the total acreage in the modified lease.

SAVINGS PROVISION

Section 13(b) of Pub. L. 94-377 provided that the amendment made

by that section is subject to valid existing rights.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 208, 1272 of this title;

title 10 sections 7421, 7435; title 16 section 460ll-3.

-End-

-CITE-

30 USC Sec. 204 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

Sec. 204. Repealed. Pub. L. 94-377, Sec. 13(a), Aug. 4, 1976, 90

Stat. 1090

-MISC1-

Section, act Feb. 25, 1920, ch. 85, Sec. 4, 41 Stat. 439,

provided for the leasing of an additional tract of land or coal

deposit, not to exceed 2560 acres, upon a showing by a lessee that

all workable deposits of coal would be exhausted, worked out, or

removed within three years thereafter.

SAVINGS PROVISION

Section 13(a) of Pub. L. 94-377 provided that the repeal of this

section is subject to valid existing rights.

-End-

-CITE-

30 USC Sec. 205 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

Sec. 205. Consolidation of leases

-STATUTE-

If, in the judgment of the Secretary of the Interior, the public

interest will be subserved thereby, lessees holding under lease

areas not exceeding the maximum permitted under this chapter may

consolidate their leases through the surrender of the original

leases and the inclusion of such areas in a new lease of not to

exceed two thousand five hundred and sixty acres of contiguous

lands.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 5, 41 Stat. 439.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 208 of this title; title

10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 206 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

Sec. 206. Noncontiguous coal or phosphate tracts in single lease

-STATUTE-

Where coal or phosphate lands aggregating two thousand five

hundred and sixty acres and subject to lease hereunder do not exist

as contiguous areas, the Secretary of the Interior is authorized,

if, in his opinion, the interests of the public and of the lessee

will be thereby subserved, to embrace in a single lease

noncontiguous tracts which can be operated as a single mine or

unit.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 6, 41 Stat. 439.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 208 of this title; title

10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 207 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

Sec. 207. Conditions of lease

-STATUTE-

(a) Term of lease; annual rentals; royalties; readjustment of

conditions

A coal lease shall be for a term of twenty years and for so long

thereafter as coal is produced annually in commercial quantities

from that lease. Any lease which is not producing in commercial

quantities at the end of ten years shall be terminated. The

Secretary shall by regulation prescribe annual rentals on leases. A

lease shall require payment of a royalty in such amount as the

Secretary shall determine of not less than 12 1/2 per centum of

the value of coal as defined by regulation, except the Secretary

may determine a lesser amount in the case of coal recovered by

underground mining operations. The lease shall include such other

terms and conditions as the Secretary shall determine. Such rentals

and royalties and other terms and conditions of the lease will be

subject to readjustment at the end of its primary term of twenty

years and at the end of each ten-year period thereafter if the

lease is extended.

(b) Diligent development and continued operation; suspension of

condition on payment of advance royalties

Each lease shall be subject to the conditions of diligent

development and continued operation of the mine or mines, except

where operations under the lease are interrupted by strikes, the

elements, or casualties not attributable to the lessee. The

Secretary of the Interior, upon determining that the public

interest will be served thereby, may suspend the condition of

continued operation upon the payment of advance royalties. Such

advance royalties shall be no less than the production royalty

which would otherwise be paid and shall be computed on a fixed

reserve to production ratio (determined by the Secretary). The

aggregate number of years during the period of any lease for which

advance royalties may be accepted in lieu of the condition of

continued operation shall not exceed ten. The amount of any

production royalty paid for any year shall be reduced (but not

below 0) by the amount of any advance royalties paid under such

lease to the extent that such advance royalties have not been used

to reduce production royalties for a prior year. No advance royalty

paid during the initial twenty-year term of a lease shall be used

to reduce a production royalty after the twentieth year of a lease.

The Secretary may, upon six months' notification to the lessee

cease to accept advance royalties in lieu of the requirement of

continued operation. Nothing in this subsection shall be construed

to affect the requirement contained in the second sentence of

subsection (a) of this section relating to commencement of

production at the end of ten years.

Prior to taking any action on a leasehold which might cause a

significant disturbance of the environment, and not later than

three years after a lease is issued, the lessee shall submit for

the Secretary's approval an operation and reclamation plan. The

Secretary shall approve or disapprove the plan or require that it

be modified. Where the land involved is under the surface

jurisdiction of another Federal agency, that other agency must

consent to the terms of such approval.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 7, 41 Stat. 439; Pub. L. 94-377, Sec.

6, Aug. 4, 1976, 90 Stat. 1087.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-377 designated existing provisions as subsec.

(a), substituted provisions limiting the lease term to 20 years and

for so long thereafter as coal is produced annually in commercial

quantities for provision authorizing leases for indeterminate

periods upon condition of diligent development and continued

operation except for strikes, the elements, or casualties not

attributable to lessees; provisions for payment of royalties as

determined by the Secretary of not less than 12 1/2 per centum of

coal value, except as reduced for coal from underground mining

operations for provisions specifying royalties as stated in the

lease, but not less than 5 cents per ton; provision for rentals as

prescribed by regulation for provision setting rentals as fixed by

the Secretary at not less than 25 cents per acre for the first

year, 50 cents for the second, third, fourth and fifth years, and

$1 for each year thereafter, and provision for readjustment of

royalties and terms and conditions after primary period of twenty

years and subsequent ten year intervals for provision for

readjustment after twenty years unless otherwise provided by law,

and added subsecs. (b) and (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 201, 203, 208, 1256, 1272

of this title; title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 208 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

Sec. 208. Permits to take coal for local domestic needs without

royalty payments; corporation exclusion; area to municipalities

for household use without profit

-STATUTE-

In order to provide for the supply of strictly local domestic

needs for fuel, the Secretary of the Interior may, under such rules

and regulations as he may prescribe in advance, issue limited

licenses or permits to individuals or associations of individuals

to prospect for, mine, and take for their use but not for sale,

coal from the public lands without payment of royalty for the coal

mined or the land occupied, on such conditions not inconsistent

with this chapter as in his opinion will safeguard the public

interests. This privilege shall not extend to any corporations. In

the case of municipal corporations the Secretary of the Interior

may issue such limited license or permit, for not to exceed three

hundred and twenty acres for a municipality of less than one

hundred thousand population, and not to exceed one thousand two

hundred and eighty acres for a municipality of not less than one

hundred thousand and not more than one hundred and fifty thousand

population; and not to exceed two thousand five hundred and sixty

acres for a municipality of one hundred and fifty thousand

population or more, the land to be selected within the State

wherein the municipal applicant may be located, upon condition that

such municipal corporations will mine the coal therein under proper

conditions and dispose of the same without profit to residents of

such municipality for household use: Provided, That the acquisition

or holding of a lease under sections 181, 201, and 202 to 207 of

this title shall be no bar to the holding of such tract or

operation of such mine under said limited license.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 8, 41 Stat. 440.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 208-1 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

Sec. 208-1. Exploratory program for evaluation of known recoverable

coal resources

-STATUTE-

(a) Authorization; purpose

The Secretary is authorized and directed to conduct a

comprehensive exploratory program designed to obtain sufficient

data and information to evaluate the extent, location, and

potential for developing the known recoverable coal resources

within the coal lands subject to this chapter. This program shall

be designed to obtain the resource information necessary for

determining whether commercial quantities of coal are present and

the geographical extent of the coal fields and for estimating the

amount of such coal which is recoverable by deep mining operations

and the amount of such coal which is recoverable by surface mining

operations in order to provide a basis for -

(1) developing a comprehensive land use plan pursuant to

section 2;

(2) improving the information regarding the value of public

resources and revenues which should be expected from leasing;

(3) increasing competition among producers of coal, or products

derived from the conversion of coal, by providing data and

information to all potential bidders equally and equitably;

(4) providing the public with information on the nature of the

coal deposits and the associated stratum and the value of the

public resources being offered for sale; and

(5) providing the basis for the assessment of the amount of

coal deposits in those lands subject to this chapter under

subparagraph (B) of section 201(a)(3) of this title.

(b) Seismic, geophysical, geochemical or stratigraphic drilling

The Secretary, through the United States Geological Survey, is

authorized to conduct seismic, geophysical, geochemical, or

stratigraphic drilling, or to contract for or purchase the results

of such exploratory activities from commercial or other sources

which may be needed to implement the provisions of this section.

States; confidentiality of information prior to award of lease

Nothing in this section shall limit any person from conducting

exploratory geophysical surveys including seismic, geophysical,

chemical surveys to the extent permitted by section 201(b) of this

title. The information obtained from the exploratory drilling

carried out by a person not under contract with the United States

Government for such drilling prior to award of a lease shall be

provided the confidentiality pursuant to subsection (d) of this

section.

(d) Availability to public of all data, information, maps, surveys;

confidentiality of information purchased from commercial sources

not under contract to United States prior to award of lease

The Secretary shall make available to the public by appropriate

means all data, information, maps, interpretations, and surveys

which are obtained directly by the Department of the Interior or

under a service contract pursuant to subsection (b) of this

section. The Secretary shall maintain a confidentiality of all

proprietary data or information purchased from commercial sources

while not under contract with the United States Government until

after the areas involved have been leased.

(e) Information or data from Federal departments or agencies;

confidentiality of proprietary information or data; utilization

of Federal departments and agencies by agreement

All Federal departments or agencies are authorized and directed

to provide the Secretary with any information or data that may be

deemed necessary to assist the Secretary in implementing the

exploratory program pursuant to this section. Proprietary

information or data provided to the Secretary under the provisions

of this subsection shall remain confidential for such period of

time as agreed to by the head of the department or agency from whom

the information is requested. In addition, the Secretary is

authorized and directed to utilize the existing capabilities and

resources of other Federal departments and agencies by appropriate

agreement.

(f) Publication of geological and geophysical maps and reports of

lands offered for lease

The Secretary is directed to prepare, publish, and keep current a

series of detailed geological, and geophysical maps of, and reports

concerning, all coal lands to be offered for leasing under this

chapter, based on data and information compiled pursuant to this

section. Such maps and reports shall be prepared and revised at

reasonable intervals beginning eighteen months after the date of

enactment of this Act. Such maps and reports shall be made

available on a continuing basis to any person on request.

(g) Implementation plan for coal lands exploration program;

development and transmittal to Congress; contents

Within six months after the date of enactment of this Act, the

Secretary shall develop and transmit to Congress an implementation

plan for the coal lands exploration program authorized by this

section, including procedures for making the data and information

available to the public pursuant to subsection (d) of this section,

and maps and reports pursuant to subsection (f) of this section.

The implementation plan shall include a projected schedule of

exploratory activities and identification of the regions and areas

which will be explored under the coal lands exploration program

during the first five years following the enactment of this

section. In addition, the implementation plan shall include

estimates of the appropriations and staffing required to implement

the coal lands exploration program.

(h) Stratigraphic drilling; scope; statement of results

The stratigraphic drilling authorized in subsection (b) of this

section shall be carried out in such a manner as to obtain

information pertaining to all recoverable reserves. For the purpose

of complying with subsection (a) of this section, the Secretary

shall require all those authorized to conduct stratigraphic

drilling pursuant to subsection (b) of this section to supply a

statement of the results of test boring of core sampling including

logs of the drill holes; the thickness of the coal seams found; an

analysis of the chemical properties of such coal; and an analysis

of the strata layers lying above all the seams of coal. All

drilling activities shall be conducted using the best current

technology and practices.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 8A, as added Pub. L. 94-377, Sec. 7,

Aug. 4, 1976, 90 Stat. 1087.)

-REFTEXT-

REFERENCES IN TEXT

Section 2, referred to in subsec. (a)(1), means section 2 of act

Feb. 25, 1920, as amended, and is comprised of subsecs. (a) to (d).

Subsecs. (a) and (b) of section 2 are classified to section 201 of

this title, subsec. (c) of section 2 is classified to section 202

of this title, and subsec. (d) of section 2, as added by section

5(b) of Pub. L. 94-377, is classified to section 202a of this

title.

The date of enactment of this Act, referred to in subsecs. (f)

and (g), probably means the date of enactment of Pub. L. 94-377,

which was approved Aug. 4, 1976.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1272 of this title.

-End-

-CITE-

30 USC Sec. 208-2 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

Sec. 208-2. Repealed. Pub. L. 104-66, title I, Sec. 1091(e), Dec.

21, 1995, 109 Stat. 722

-MISC1-

Section, act Feb. 25, 1920, ch. 85, Sec. 8B, as added Aug. 4,

1976, Pub. L. 94-377, Sec. 8, 90 Stat. 1089, related to reports to

Congress on leasing and production of coal lands, contents,

recommendations, and reports by Attorney General on competition in

the coal industry and on effectiveness of antitrust laws.

-End-

-CITE-

30 USC Sec. 208a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

Sec. 208a. Repealed. Pub. L. 97-468, title VI, Sec. 615(a)(3), Jan.

14, 1983, 96 Stat. 2578

-MISC1-

Section, act July 19, 1932, ch. 513, 47 Stat. 707, authorized

general manager of Alaska Railroad to purchase coal annually for

railroad from two or more operating companies in areas adjacent to

railroad.

Section was formerly classified to section 445a of Title 48,

Territories and Insular Possessions.

EFFECTIVE DATE OF REPEAL

Repeal by Pub. L. 97-468 became effective on date of transfer of

Alaska Railroad to the State [Jan. 5, 1985], pursuant to section

1203 of Title 45, Railroads, see section 615(a) of Pub. L. 97-468.

-End-

-CITE-

30 USC Sec. 209 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER II - COAL

-HEAD-

Sec. 209. Suspension, waiver, or reduction of rents or royalties to

promote development or operation; extension of lease on

suspension of operations and production

-STATUTE-

The Secretary of the Interior, for the purpose of encouraging the

greatest ultimate recovery of coal, oil, gas, oil shale, gilsonite

(including all vein-type solid hydrocarbons), phosphate, sodium,

potassium and sulfur, and in the interest of conservation of

natural resources, is authorized to waive, suspend, or reduce the

rental, or minimum royalty, or reduce the royalty on an entire

leasehold, or on any tract or portion thereof segregated for

royalty purposes, whenever in his judgment it is necessary to do so

in order to promote development, or whenever in his judgment the

leases cannot be successfully operated under the terms provided

therein.(!1) Provided, however, That in order to promote

development and the maximum production of tar sand, at the request

of the lessee, the Secretary shall review, prior to commencement of

commercial operations, the royalty rates established in each

combined hydrocarbon lease issued in special tar sand areas. For

purposes of this section, the term "tar sand" means any

consolidated or unconsolidated rock (other than coal, oil shale, or

gilsonite) that either: (1) contains a hydrocarbonaceous material

with a gas-free viscosity, at original reservoir temperature,

greater than 10,000 centipoise, or (2) contains a hydrocarbonaceous

material and is produced by mining or quarrying. In the event the

Secretary of the Interior, in the interest of conservation, shall

direct or shall assent to the suspension of operations and

production under any lease granted under the terms of this chapter,

any payment of acreage rental or of minimum royalty prescribed by

such lease likewise shall be suspended during such period of

suspension of operations and production; and the term of such lease

shall be extended by adding any such suspension period thereto. The

provisions of this section shall apply to all oil and gas leases

issued under this chapter, including those within an approved or

prescribed plan for unit or cooperative development and operation.

Nothing in this section shall be construed as granting to the

Secretary the authority to waive, suspend, or reduce advance

royalties.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 39, as added Feb. 9, 1933, ch. 45, 47

Stat. 798; amended Aug. 8, 1946, ch. 916, Sec. 10, 60 Stat. 957;

June 3, 1948, ch. 379, Sec. 7, 62 Stat. 291; Pub. L. 94-377, Sec.

14, Aug. 4, 1976, 90 Stat. 1091; Pub. L. 97-78, Sec. 1(3), (7),

Nov. 16, 1981, 95 Stat. 1070, 1071.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-78 inserted reference to gilsonite (including

all vein-type solid hydrocarbons) and inserted proviso that, in

order to promote development and the maximum production of tar

sand, at the request of the lessee, the Secretary review, prior to

commencement of commercial operations, the royalty rates

established in each combined hydrocarbon lease issued in special

tar sand areas, and that, for purposes of this section, "tar sand"

means any consolidated or unconsolidated rock (other than coal, oil

shale, or gilsonite) that either contains a hydrocarbonaceous

material with a gas-free viscosity, at original reservoir

temperature, greater than 10,000 centipoise, or contains a

hydrocarbonaceous material and is produced by mining or quarrying.

1976 - Pub. L. 94-377 inserted sentence at end that nothing in

this section shall be construed as granting to the Secretary

authority to waive, suspend, or reduce advance royalties.

1948 - Act June 3, 1948, extended applicability of section to oil

shale, phosphate, sodium, potassium, and sulphur.

1946 - Act Aug. 8, 1946, principally inserted first and third

sentences relating to waiver, suspension or reduction of royalties

or rentals, and applicability of section to cooperative or unit

plans, respectively.

SAVINGS PROVISION

See note set out under section 181 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 188, 1272 of this title;

title 10 sections 7421, 7435.

-FOOTNOTE-

(!1) So in original. The period probably should be a colon.

-End-

-CITE-

30 USC SUBCHAPTER III - PHOSPHATES 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER III - PHOSPHATES

-HEAD-

SUBCHAPTER III - PHOSPHATES

-End-

-CITE-

30 USC Sec. 211 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER III - PHOSPHATES

-HEAD-

Sec. 211. Phosphate deposits

-STATUTE-

(a) Authorization to lease land; terms and conditions; acreage

The Secretary of the Interior is authorized to lease to any

applicant qualified under this chapter, through advertisement,

competitive bidding, or such other methods as he may by general

regulations adopt, any phosphate deposits of the United States, and

lands containing such deposits, including associated and related

minerals, when in his judgment the public interest will be best

served thereby. The lands shall be leased under such terms and

conditions as are herein specified, in units reasonably compact in

form of not to exceed two thousand five hundred and sixty acres.

(b) Prospecting permits; issuance; term; acreage; entitlement to

lease

Where prospecting or exploratory work is necessary to determine

the existence or workability of phosphate deposits in any

unclaimed, undeveloped area, the Secretary of the Interior is

authorized to issue, to any applicant qualified under this chapter,

a prospecting permit which shall give the exclusive right to

prospect for phosphate deposits, including associated minerals, for

a period of two years, for not more than two thousand five hundred

and sixty acres; and if prior to the expiration of the permit the

permittee shows to the Secretary that valuable deposits of

phosphate have been discovered within the area covered by his

permit, the permittee shall be entitled to a lease for any or all

of the land embraced in the prospecting permit.

Any phosphate permit issued under this section may be extended by

the Secretary for such an additional period, not in excess of four

years, as he deems advisable, if he finds that the permittee has

been unable, with reasonable diligence, to determine the existence

or workability of phosphate deposits in the area covered by the

permit and desires to prosecute further prospecting or exploration,

or for other reasons warranting such an extension in the opinion of

the Secretary.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 9, 41 Stat. 440; June 3, 1948, ch.

379, Sec. 2, 62 Stat. 290; Pub. L. 86-391, Sec. 1(a), Mar. 18,

1960, 74 Stat. 7.)

-MISC1-

AMENDMENTS

1960 - Pub. L. 86-391 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

1948 - Act June 3, 1948, included provision limiting amount of

land in lease.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 213, 214 of this title;

title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 212 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER III - PHOSPHATES

-HEAD-

Sec. 212. Surveys; royalties; time payable; annual rentals; term of

leases; readjustment on renewals; minimum production; suspension

of operation

-STATUTE-

Each lease shall describe the leased lands by the legal

subdivisions of the public-land surveys. All leases shall be

conditioned upon the payment to the United States of such royalties

as may be specified in the lease, which shall be fixed by the

Secretary of the Interior in advance of offering the same, at not

less than 5 per centum of the gross value of the output of

phosphates or phosphate rock and associated or related minerals.

Royalties shall be due and payable as specified in the lease either

monthly or quarterly on the last day of the month next following

the month or quarter in which the minerals are sold or removed from

the leased land. Each lease shall provide for the payment of a

rental payable at the date of the lease and annually thereafter

which shall be not less than 25 cents per acre for the first year,

50 cents per acre for the second and third years, respectively, and

$1 per acre for each year thereafter, during the continuance of the

lease. The rental paid for any year shall be credited against the

royalties for that year. Leases shall be for a term of twenty years

and so long thereafter as the lessee complies with the terms and

conditions of the lease and upon the further condition that at the

end of each twenty-year period succeeding the date of the lease

such reasonable readjustment of the terms and conditions thereof

may be made therein as may be prescribed by the Secretary of the

Interior unless otherwise provided by law at the expiration of such

periods. Leases shall be conditioned upon a minimum annual

production or the payment of a minimum royalty in lieu thereof,

except when production is interrupted by strikes, the elements, or

casualties not attributable to the lessee. The Secretary of the

Interior may permit suspension of operations under any such leases

when marketing conditions are such that the leases cannot be

operated except at a loss.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 10, 41 Stat. 440; June 3, 1948, ch.

379, Sec. 3, 62 Stat. 290.)

-MISC1-

AMENDMENTS

1948 - Act June 3, 1948, amended section generally, omitting

provisions relating to amount of lands in lease, and inserting

provisions regarding royalties.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 213, 214 of this title;

title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 213 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER III - PHOSPHATES

-HEAD-

Sec. 213. Royalties for use of deposits of silica, limestone, or

other rock embraced in lease

-STATUTE-

Any lease to develop and extract phosphates, phosphate rock, and

associated or related minerals under the provisions of sections 211

to 214 of this title shall provide that the lessee may use so much

of any deposit of silica or limestone or other rock situated on any

public lands embraced in the lease as may be utilized in the

processing or refining of the phosphates, phosphate rock, and

associated or related minerals mined from the leased lands or from

other lands upon payments of such royalty as may be determined by

the Secretary of the Interior, which royalty may be stated in the

lease or, as to the leases already issued, may be provided for in

an attachment to the lease to be duly executed by the lessor and

the lessee.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 11, 41 Stat. 440; June 3, 1948, ch.

379, Sec. 4, 62 Stat. 291.)

-MISC1-

AMENDMENTS

1948 - Act June 3, 1948, amended section generally, omitting

provision relating to royalties and annual rents, and inserting

provisions relating to use of deposits of silica, limestone or

other rock embraced in the lease upon the payment of a suitable

royalty.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 214 of this title; title

10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 214 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER III - PHOSPHATES

-HEAD-

Sec. 214. Use of surface of other public lands; acreage; forest

lands exception

-STATUTE-

The holder of any lease or permit issued under the provisions of

sections 211 to 214 of this title shall have the right to use so

much of the surface of unappropriated and unentered public lands

not a part of his lease or permit, not exceeding eighty acres in

area, as may be determined by the Secretary to be necessary or

convenient for the extraction, treatment, and removal of the

mineral deposits, but this provision shall not be applicable to

national forest lands.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 12, 41 Stat. 441; June 3, 1948, ch.

379, Sec. 5, 62 Stat. 291; Pub. L. 86-391, Sec. 1(b), Mar. 18,

1960, 74 Stat. 8.)

-MISC1-

AMENDMENTS

1960 - Pub. L. 86-391 substituted "lease or permit" for "lease"

in two places.

1948 - Act June 3, 1948, increased lands to be used from 40 to 80

acres, excepted national forest lands from its provisions, and

substituted "The holder of any lease issued under the provisions of

sections 211 to 214 of this title", "public lands not a part of his

lease", and "or convenient for the extraction" for "Any qualified

applicant to whom the Secretary of the Interior may grant a lease

to develop and extract phosphates, or phosphate rock, under the

provisions of this chapter", "lands", and "for the proper

prospecting for or development, extraction", respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 213 of this title; title

10 sections 7421, 7435.

-End-

-CITE-

30 USC SUBCHAPTER IV - OIL AND GAS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

SUBCHAPTER IV - OIL AND GAS

-End-

-CITE-

30 USC Secs. 221 to 222i 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Secs. 221 to 222i. Omitted

-COD-

CODIFICATION

Sections expired by their own terms. They provided as follows:

Section 221, acts Feb. 25, 1920, ch. 85, Sec. 13, 41 Stat. 441;

Aug. 21, 1935, ch. 599, Sec. 1, 49 Stat. 674, provided for

prospecting permits, their terms and conditions, extension,

location of lands, marking land, notice of application for permits,

permits in Alaska, exchanging permits for leases, and limited

extensions to Dec. 31, 1938.

Section 222, act Jan. 11, 1922, ch. 28, 42 Stat. 356, authorized

Secretary of the Interior to extend time for drilling not to exceed

three years.

Section 222a, act Apr. 5, 1926, ch. 107, Sec. 1, 44 Stat. 236,

authorized a further extension of two years for drilling.

Section 222b, act Apr. 5, 1926, ch. 107, Sec. 2, 44 Stat. 236,

provided for extension of expired permits for a period of two years

from Apr. 5, 1926.

Section 222c, act Mar. 9, 1928, ch. 168, Sec. 1, 45 Stat. 252,

authorized a two year extension for permits.

Section 222d, act Mar. 9, 1928, ch. 168, Sec. 2, 45 Stat. 252,

authorized a two year extension of permits already expired.

Section 222e, act Jan. 23, 1930, ch. 25, Sec. 1, 46 Stat. 58,

provided that permits issued or extended for three years might be

further for three years.

Section 222f, act Jan. 23, 1930, ch. 25, Sec. 2, 46 Stat. 59,

provided for an extension of permits already expired for a period

of three years from Jan. 23, 1930.

Section 222g, act June 30, 1932, ch. 319, Sec. 1, 47 Stat. 445,

provided for a further extension of three years.

Section 222h, act June 30, 1932, ch. 319, Sec. 2, 47 Stat. 446,

authorized an extension, for permits already expired, of three

years from June 30, 1932.

Section 222i, acts Aug. 26, 1937, ch. 828, 50 Stat. 842; Aug. 11,

1939, ch. 716, 53 Stat. 1418, provided for final extension of

prospecting permits, outstanding on Dec. 31, 1937, to Dec. 31,

1939.

-MISC1-

COMPROMISE OF CLAIMS FOR ACCRUED RENTAL

Act July 29, 1942, ch. 534, Sec. 2, 56 Stat. 726, authorized

Secretary of the Interior to make a compromise settlement of any

claim for accrued rental under a lease issued pursuant to the

provisions of section 221 of this title, in any case in which he

determined that it would be financially beneficial to the United

States to make such a compromise settlement or in any case in which

he determined that collection of the full amount of such accrued

rental from the lessee was inadvisable because of the lessee's

financial resources being limited.

-End-

-CITE-

30 USC Sec. 223 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 223. Leases; amount and survey of land; term of lease;

royalties and annual rental

-STATUTE-

Upon establishing to the satisfaction of the Secretary of the

Interior that valuable deposits of oil or gas have been discovered

within the limits of the land embraced in any permit, the permittee

shall be entitled to a lease for one-fourth of the land embraced in

the prospecting permit: Provided, That the permittee shall be

granted a lease for as much as one hundred and sixty acres of said

lands, if there be that number of acres within the permit. The area

to be selected by the permittee, shall be in reasonably compact

form and, if surveyed, to be described by the legal subdivisions of

the public-land surveys; if unsurveyed, to be surveyed by the

Government at the expense of the applicant for lease in accordance

with rules and regulations to be prescribed by the Secretary of the

Interior, and the lands leased shall be conformed to and taken in

accordance with the legal subdivisions of such surveys; deposits

made to cover expense of surveys shall be deemed appropriated for

that purpose, and any excess deposits may be repaid to the person

or persons making such deposit or their legal representatives. Such

leases shall be for a term of twenty years upon a royalty of 5 per

centum in amount or value of the production and the annual payment

in advance of a rental of $1 per acre, the rental paid for any one

year to be credited against the royalties as they accrue for that

year, and shall continue in force otherwise as prescribed in

section 226 of this title for leases issued prior to August 21,

1935. The permittee shall also be entitled to a preference right to

a lease for the remainder of the land in his prospecting permit at

a royalty of not less than 12 1/2 per centum in amount or value of

the production nor more than the royalty rate prescribed by

regulation in force on January 1, 1935, for secondary leases issued

under this section, and under such other conditions as are fixed

for oil or gas leases issued under section 226 of this title the

royalty to be determined by competitive bidding or fixed by such

other method as the Secretary may by regulations prescribe:

Provided further, That the Secretary shall have the right to reject

any or all bids.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 14, 41 Stat. 442; Aug. 21, 1935, ch.

599, Sec. 1, 49 Stat. 676.)

-MISC1-

AMENDMENTS

1935 - Act Aug. 21, 1935, inserted "reasonably" before "compact

form" and substituted "and shall continue in force otherwise as

prescribed in section 226 of this title for leases issued prior to

August 21, 1935" and "oil or gas leases issued under section 226 of

this title" for "with the right of renewal as prescribed in section

226 of this title" and "oil or gas leases in this chapter",

respectively.

LIMITATION OF ROYALTY ON DISCOVERIES DURING WAR PERIOD

Act Dec. 24, 1942, ch. 812, 56 Stat. 1080, limiting royalty

obligation of oil or gas lessee who drills well resulting in

discovery of new deposit on public domain during the national

emergency was repealed by Joint Res. July 25, 1947, ch. 327, Sec.

1, 61 Stat. 449.

OUTER CONTINENTAL SHELF; LEASES

Grant by Secretary of the Interior of oil, gas, and other mineral

leases on submerged lands of outer Continental Shelf, see section

1331 et seq. of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 188, 229, 236a of this

title; title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 223a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 223a. Repealed. Aug. 8, 1946, ch. 916, Sec. 14, 60 Stat. 958

-MISC1-

Section, act Aug. 21, 1935, ch. 599, Sec. 2, 49 Stat. 679,

related to new oil and gas leases in lieu of old.

SAVINGS PROVISION

See note set out under section 181 of this title.

-End-

-CITE-

30 USC Sec. 224 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 224. Payments for oil or gas taken prior to application for

lease

-STATUTE-

Until the permittee shall apply for lease to the one quarter of

the permit area heretofore provided for he shall pay to the United

States 20 per centum of the gross value of all oil or gas secured

by him from the lands embraced within his permit and sold or

otherwise disposed of or held by him for sale or other disposition.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 15, 41 Stat. 442.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 225 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 225. Condition of lease, forfeiture for violation

-STATUTE-

All leases of lands containing oil or gas, made or issued under

the provisions of this chapter, shall be subject to the condition

that the lessee will, in conducting his explorations and mining

operations, use all reasonable precautions to prevent waste of oil

or gas developed in the land, or the entrance of water through

wells drilled by him to the oil sands or oil-bearing strata, to the

destruction or injury of the oil deposits. Violations of the

provisions of this section shall constitute grounds for the

forfeiture of the lease, to be enforced as provided in this

chapter.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 16, 41 Stat. 443; Aug. 8, 1946, ch.

916, Sec. 2, 60 Stat. 951.)

-MISC1-

AMENDMENTS

1946 - Act Aug. 8, 1946, omitted condition that no wells should

be drilled within two hundred feet of boundaries of leased lands.

SAVINGS PROVISION

See note set out under section 181 of this title.

OUTER CONTINENTAL SHELF; TERMS AND CONDITIONS OF LEASES

Terms and conditions of mineral leases on submerged lands of

outer Continental Shelf, see section 1337 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 226 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 226. Lease of oil and gas lands

-STATUTE-

(a) Authority of Secretary

All lands subject to disposition under this chapter which are

known or believed to contain oil or gas deposits may be leased by

the Secretary.

(b) Lands within known geologic structure of a producing oil or gas

field; lands within special tar sand areas; competitive bidding;

royalties

(1)(A) All lands to be leased which are not subject to leasing

under paragraphs (2) and (3) of this subsection shall be leased as

provided in this paragraph to the highest responsible qualified

bidder by competitive bidding under general regulations in units of

not more than 2,560 acres, except in Alaska, where units shall be

not more than 5,760 acres. Such units shall be as nearly compact as

possible. Lease sales shall be conducted by oral bidding. Lease

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. A lease shall

be conditioned upon the payment of a royalty at a rate of not less

than 12.5 percent in amount or value of the production removed or

sold from the lease. The Secretary shall accept the highest bid

from a responsible qualified bidder which is equal to or greater

than the national minimum acceptable bid, without evaluation of the

value of the lands proposed for lease. Leases shall be issued

within 60 days following payment by the successful bidder of the

remainder of the bonus bid, if any, and the annual rental for the

first lease year. All bids for less than the national minimum

acceptable bid shall be rejected. Lands for which no bids are

received or for which the highest bid is less than the national

minimum acceptable bid shall be offered promptly within 30 days for

leasing under subsection (c) of this section and shall remain

available for leasing for a period of 2 years after the competitive

lease sale.

(B) The national minimum acceptable bid shall be $2 per acre for

a period of 2 years from December 22, 1987. Thereafter, the

Secretary may establish by regulation a higher national minimum

acceptable bid for all leases based upon a finding that such action

is necessary: (i) to enhance financial returns to the United

States; and (ii) to promote more efficient management of oil and

gas resources on Federal lands. Ninety days before the Secretary

makes any change in the national minimum acceptable bid, the

Secretary shall notify the Committee on Natural Resources of the

United States House of Representatives and the Committee on Energy

and Natural Resources of the United States Senate. The proposal or

promulgation of any regulation to establish a national minimum

acceptable bid shall not be considered a major Federal action

subject to the requirements of section 4332(2)(C) of title 42.

(2) If the lands to be leased are within a special tar sand area,

they shall be leased to the highest responsible qualified bidder by

competitive bidding under general regulations in units of not more

than five thousand one hundred and twenty acres, which shall be as

nearly compact as possible, upon the payment by the lessee of such

bonus as may be accepted by the Secretary. Royalty shall be

12(!1/2) per centum in amount or value of production removed or

sold from the lease, subject to subsection (k)(1)(c) (!1) of this

section. The Secretary may lease such additional lands in special

tar sand areas as may be required in support of any operations

necessary for the recovery of tar sands.

(3)(A) If the United States held a vested future interest in a

mineral estate that, immediately prior to becoming a vested present

interest, was subject to a lease under which oil or gas was being

produced, or had a well capable of producing, in paying quantities

at an annual average production volume per well per day of either

not more than 15 barrels per day of oil or condensate, or not more

than 60,000 cubic feet of gas, the holder of the lease may elect to

continue the lease as a noncompetitive lease under subsection

(c)(1) of this section.

(B) An election under this paragraph is effective -

(i) in the case of an interest which vested after January 1,

1990, and on or before October 24, 1992, if the election is made

before the date that is 1 year after October 24, 1992;

(ii) in the case of an interest which vests within 1 year after

October 24, 1992, if the election is made before the date that is

2 years after October 24, 1992; and

(iii) in any case other than those described in clause (i) or

(ii), if the election is made prior to the interest becoming a

vested present interest.

352 of this title, the Secretary shall issue a noncompetitive lease

under subsection (c)(1) of this section to a holder who makes an

election under subparagraph (A) and who is qualified to hold a

lease under this chapter. Such lease shall be subject to all terms

and conditions under this chapter that are applicable to leases

issued under subsection (c)(1) of this section.

(D) A lease issued pursuant to this paragraph shall continue so

long as oil or gas continues to be produced in paying quantities.

(E) This paragraph shall apply only to those lands under the

administration of the Secretary of Agriculture where the United

States acquired an interest in such lands pursuant to the Act of

March 1, 1911 (36 Stat. 961 and following).

applicant

(1) If the lands to be leased are not leased under subsection

(b)(1) of this section or are not subject to competitive leasing

under subsection (b)(2) of this section, the person first making

application for the lease who is qualified to hold a lease under

this chapter shall be entitled to a lease of such lands without

competitive bidding, upon payment of a non-refundable application

fee of at least $75. A lease under this subsection shall be

conditioned upon the payment of a royalty at a rate of 12.5 percent

in amount or value of the production removed or sold from the

lease. Leases shall be issued within 60 days of the date on which

the Secretary identifies the first responsible qualified applicant.

(2)(A) Lands (i) which were posted for sale under subsection

(b)(1) of this section but for which no bids were received or for

which the highest bid was less than the national minimum acceptable

bid and (ii) for which, at the end of the period referred to in

subsection (b)(1) of this section no lease has been issued and no

lease application is pending under paragraph (1) of this

subsection, shall again be available for leasing only in accordance

with subsection (b)(1) of this section.

(B) The land in any lease which is issued under paragraph (1) of

this subsection or under subsection (b)(1) of this section which

lease terminates, expires, is cancelled or is relinquished shall

again be available for leasing only in accordance with subsection

(b)(1) of this section.

(d) Annual rentals

All leases issued under this section, as amended by the Federal

Onshore Oil and Gas Leasing Reform Act of 1987, shall be

conditioned upon payment by the lessee of a rental of not less than

$1.50 per acre per year for the first through fifth years of the

lease and not less than $2 per acre per year for each year

thereafter. A minimum royalty in lieu of rental of not less than

the rental which otherwise would be required for that lease year

shall be payable at the expiration of each lease year beginning on

or after a discovery of oil or gas in paying quantities on the

lands leased.

(e) Primary terms

Competitive and noncompetitive leases issued under this section

shall be for a primary term of 10 years: Provided, however, That

competitive leases issued in special tar sand areas shall also be

for a primary term of ten years. Each such lease shall continue so

long after its primary term as oil or gas is produced in paying

quantities. Any lease issued under this section for land on which,

or for which under an approved cooperative or unit plan of

development or operation, actual drilling operations were commenced

prior to the end of its primary term and are being diligently

prosecuted at that time shall be extended for two years and so long

thereafter as oil or gas is produced in paying quantities.

(f) Notice of proposed action; posting of notice; terms and maps

At least 45 days before offering lands for lease under this

section, and at least 30 days before approving applications for

permits to drill under the provisions of a lease or substantially

modifying the terms of any lease issued under this section, the

Secretary shall provide notice of the proposed action. Such notice

shall be posted in the appropriate local office of the leasing and

land management agencies. Such notice shall include the terms or

modified lease terms and maps or a narrative description of the

affected lands. Where the inclusion of maps in such notice is not

practicable, maps of the affected lands shall be made available to

the public for review. Such maps shall show the location of all

tracts to be leased, and of all leases already issued in the

general area. The requirements of this subsection are in addition

to any public notice required by other law.

(g) Regulation of surface-disturbing activities; approval of plan

of operations; bond or surety; failure to comply with reclamation

requirements as barring lease; opportunity to comply with

requirements

The Secretary of the Interior, or for National Forest lands, the

Secretary of Agriculture, shall regulate all surface-disturbing

activities conducted pursuant to any lease issued under this

chapter, and shall determine reclamation and other actions as

required in the interest of conservation of surface resources. No

permit to drill on an oil and gas lease issued under this chapter

may be granted without the analysis and approval by the Secretary

concerned of a plan of operations covering proposed

surface-disturbing activities within the lease area. The Secretary

concerned shall, by rule or regulation, establish such standards as

may be necessary to ensure that an adequate bond, surety, or other

financial arrangement will be established prior to the commencement

of surface-disturbing activities on any lease, to ensure the

complete and timely reclamation of the lease tract, and the

restoration of any lands or surface waters adversely affected by

lease operations after the abandonment or cessation of oil and gas

operations on the lease. The Secretary shall not issue a lease or

leases or approve the assignment of any lease or leases under the

terms of this section to any person, association, corporation, or

any subsidiary, affiliate, or person controlled by or under common

control with such person, association, or corporation, during any

period in which, as determined by the Secretary of the Interior or

Secretary of Agriculture, such entity has failed or refused to

comply in any material respect with the reclamation requirements

and other standards established under this section for any prior

lease to which such requirements and standards applied. Prior to

making such determination with respect to any such entity the

concerned Secretary shall provide such entity with adequate

notification and an opportunity to comply with such reclamation

requirements and other standards and shall consider whether any

administrative or judicial appeal is pending. Once the entity has

complied with the reclamation requirement or other standard

concerned an oil or gas lease may be issued to such entity under

this chapter.

(h) National Forest System Lands

The Secretary of the Interior may not issue any lease on National

Forest System Lands reserved from the public domain over the

objection of the Secretary of Agriculture.

(i) Termination

No lease issued under this section which is subject to

termination because of cessation of production shall be terminated

for this cause so long as reworking or drilling operations which

were commenced on the land prior to or within sixty days after

cessation of production are conducted thereon with reasonable

diligence, or so long as oil or gas is produced in paying

quantities as a result of such operations. No lease issued under

this section shall expire because operations or production is

suspended under any order, or with the consent, of the Secretary.

No lease issued under this section covering lands on which there is

a well capable of producing oil or gas in paying quantities shall

expire because the lessee fails to produce the same unless the

lessee is allowed a reasonable time, which shall be not less than

sixty days after notice by registered or certified mail, within

which to place such well in producing status or unless, after such

status is established, production is discontinued on the leased

premises without permission granted by the Secretary under the

provisions of this chapter.

(j) Drainage agreements; primary term of lease, extension

Whenever it appears to the Secretary that lands owned by the

United States are being drained of oil or gas by wells drilled on

adjacent lands, he may negotiate agreements whereby the United

States, or the United States and its lessees, shall be compensated

for such drainage. Such agreements shall be made with the consent

of the lessees, if any, affected thereby. If such agreement is

entered into, the primary term of any lease for which compensatory

royalty is being paid, or any extension of such primary term, shall

be extended for the period during which such compensatory royalty

is paid and for a period of one year from discontinuance of such

payment and so long thereafter as oil or gas is produced in paying

quantities.

(k) Mining claims; suspension of running time of lease

If, during the primary term or any extended term of any lease

issued under this section, a verified statement is filed by any

mining claimant pursuant to subsection (c) of section 527 of this

title, whether such filing occur prior to September 2, 1960 or

thereafter, asserting the existence of a conflicting unpatented

mining claim or claims upon which diligent work is being prosecuted

as to any lands covered by the lease, the running of time under

such lease shall be suspended as to the lands involved from the

first day of the month following the filing of such verified

statement until a final decision is rendered in the matter.

(g742l) Exchange of leases; conditions

The Secretary of the Interior shall, upon timely application

therefor, issue a new lease in exchange for any lease issued for a

term of twenty years, or any renewal thereof, or any lease issued

prior to August 8, 1946, in exchange for a twenty-year lease, such

new lease to be for a primary term of five years and so long

thereafter as oil or gas is produced in paying quantities and at a

royalty rate of not less than 12 1/2 per centum in amount or value

of the production removed or sold from such leases, except that the

royalty rate shall be 12 1/2 per centum in amount or value of the

production removed or sold from said leases as to (1) such leases,

or such parts of the lands subject thereto and the deposits

underlying the same, as are not believed to be within the

productive limits of any producing oil or gas deposit, as such

productive limits are found by the Secretary to have existed on

August 8, 1946; and (2) any production on a lease from an oil or

gas deposit which was discovered after May 27, 1941, by a well or

wells drilled within the boundaries of the lease, and which is

determined by the Secretary to be a new deposit; and (3) any

production on or allocated to a lease pursuant to an approved

cooperative or unit plan of development or operation from an oil or

gas deposit which was discovered after May 27, 1941, on land

committed to such plan, and which is determined by the Secretary to

be a new deposit, where such lease, or a lease for which it is

exchanged, was included in such plan at the time of discovery or

was included in a duly executed and filed application for the

approval of such plan at the time of discovery.

(m) Cooperative or unit plan; authority of Secretary of the

Interior to alter or modify; communitization or drilling

agreements; term of lease, conditions; Secretary to approve

operating, drilling or development contracts, and subsurface

storage

For the purpose of more properly conserving the natural resources

of any oil or gas pool, field, or like area, or any part thereof

(whether or not any part of said oil or gas pool, field, or like

area, is then subject to any cooperative or unit plan of

development or operation), lessees thereof and their

representatives may unite with each other, or jointly or separately

with others, in collectively adopting and operating under a

cooperative or unit plan of development or operation of such pool,

field, or like area, or any part thereof, whenever determined and

certified by the Secretary of the Interior to be necessary or

advisable in the public interest. The Secretary is thereunto

authorized, in his discretion, with the consent of the holders of

leases involved, to establish, alter, change, or revoke drilling,

producing, rental, minimum royalty, and royalty requirements of

such leases and to make such regulations with reference to such

leases, with like consent on the part of the lessees, in connection

with the institution and operation of any such cooperative or unit

plan as he may deem necessary or proper to secure the proper

protection of the public interest. The Secretary may provide that

oil and gas leases hereafter issued under this chapter shall

contain a provision requiring the lessee to operate under such a

reasonable cooperative or unit plan, and he may prescribe such a

plan under which such lessee shall operate, which shall adequately

protect the rights of all parties in interest, including the United

States.

Any plan authorized by the preceding paragraph which includes

lands owned by the United States may, in the discretion of the

Secretary, contain a provision whereby authority is vested in the

Secretary of the Interior, or any such person, committee, or State

or Federal officer or agency as may be designated in the plan, to

alter or modify from time to time the rate of prospecting and

development and the quantity and rate of production under such

plan. All leases operated under any such plan approved or

prescribed by the Secretary shall be excepted in determining

holdings or control under the provisions of any section of this

chapter.

When separate tracts cannot be independently developed and

operated in conformity with an established well-spacing or

development program, any lease, or a portion thereof, may be pooled

with other lands, whether or not owned by the United States, under

a communitization or drilling agreement providing for an

apportionment of production or royalties among the separate tracts

of land comprising the drilling or spacing unit when determined by

the Secretary of the Interior to be in the public interest, and

operations or production pursuant to such an agreement shall be

deemed to be operations or production as to each such lease

committed thereto.

Any lease issued for a term of twenty years, or any renewal

thereof, or any portion of such lease that has become the subject

of a cooperative or unit plan of development or operation of a

pool, field, or like area, which plan has the approval of the

Secretary of the Interior, shall continue in force until the

termination of such plan. Any other lease issued under any section

of this chapter which has heretofore or may hereafter be committed

to any such plan that contains a general provision for allocation

of oil or gas shall continue in force and effect as to the land

committed so long as the lease remains subject to the plan:

Provided, That production is had in paying quantities under the

plan prior to the expiration date of the term of such lease. Any

lease heretofore or hereafter committed to any such plan embracing

lands that are in part within and in part outside of the area

covered by any such plan shall be segregated into separate leases

as to the lands committed and the lands not committed as of the

effective date of unitization: Provided, however, That any such

lease as to the nonunitized portion shall continue in force and

effect for the term thereof but for not less than two years from

the date of such segregation and so long thereafter as oil or gas

is produced in paying quantities. The minimum royalty or discovery

rental under any lease that has become subject to any cooperative

or unit plan of development or operation, or other plan that

contains a general provision for allocation of oil or gas, shall be

payable only with respect to the lands subject to such lease to

which oil or gas shall be allocated under such plan. Any lease

which shall be eliminated from any such approved or prescribed

plan, or from any communitization or drilling agreement authorized

by this section, and any lease which shall be in effect at the

termination of any such approved or prescribed plan, or at the

termination of any such communitization or drilling agreement,

unless relinquished, shall continue in effect for the original term

thereof, but for not less than two years, and so long thereafter as

oil or gas is produced in paying quantities.

The Secretary of the Interior is hereby authorized, on such

conditions as he may prescribe, to approve operating, drilling, or

development contracts made by one or more lessees of oil or gas

leases, with one or more persons, associations, or corporations

whenever, in his discretion, the conservation of natural products

or the public convenience or necessity may require it or the

interests of the United States may be best subserved thereby. All

leases operated under such approved operating, drilling, or

development contracts, and interests thereunder, shall be excepted

in determining holdings or control under the provisions of this

chapter.

The Secretary of the Interior, to avoid waste or to promote

conservation of natural resources, may authorize the subsurface

storage of oil or gas, whether or not produced from federally owned

lands, in lands leased or subject to lease under this chapter. Such

authorization may provide for the payment of a storage fee or

rental on such stored oil or gas or, in lieu of such fee or rental,

for a royalty other than that prescribed in the lease when such

stored oil or gas is produced in conjunction with oil or gas not

previously produced. Any lease on which storage is so authorized

shall be extended at least for the period of storage and so long

thereafter as oil or gas not previously produced is produced in

paying quantities.

(n) Conversion of oil and gas leases and claims on hydrocarbon

resources to combined hydrocarbon leases for primary term of 10

years; application

(1)(A) The owner of (1) an oil and gas lease issued prior to

November 16, 1981, or (2) a valid claim to any hydrocarbon

resources leasable under this section based on a mineral location

made prior to January 21, 1926, and located within a special tar

sand area shall be entitled to convert such lease or claim to a

combined hydrocarbon lease for a primary term of ten years upon the

filing of an application within two years from November 16, 1981,

containing an acceptable plan of operations which assures

reasonable protection of the environment and diligent development

of those resources requiring enhanced recovery methods of

development or mining. For purposes of conversion, no claim shall

be deemed invalid solely because it was located as a placer

location rather than a lode location or vice versa, notwithstanding

any previous adjudication on that issue.

(B) The Secretary shall issue final regulations to implement this

section within six months of November 16, 1981. If any oil and gas

lease eligible for conversion under this section would otherwise

expire after November 16, 1981, and before six months following the

issuance of implementing regulations, the lessee may preserve his

conversion right under such lease for a period ending six months

after the issuance of implementing regulations by filing with the

Secretary, before the expiration of the lease, a notice of intent

to file an application for conversion. Upon submission of a

complete plan of operations in substantial compliance with the

regulations promulgated by the Secretary for the filing of such

plans, the Secretary shall suspend the running of the term of any

oil and gas lease proposed for conversion until the plan is finally

approved or disapproved. The Secretary shall act upon a proposed

plan of operations within fifteen months of its submittal.

hydrocarbon lease, the royalty shall be that provided for in the

original oil and gas lease and for a converted mining claim, 12 1/2

per centum in amount or value of production removed or sold from

the lease.

(2) Except as provided in this section, nothing in the Combined

Hydrocarbon Leasing Act of 1981 shall be construed to diminish or

increase the rights of any lessee under any oil and gas lease

issued prior to November 16, 1981.

(g742o) Certain outstanding oil and gas deposits

(1) Prior to the commencement of surface-disturbing activities

relating to the development of oil and gas deposits on lands

described under paragraph (5), the Secretary of Agriculture shall

require, pursuant to regulations promulgated by the Secretary, that

such activities be subject to terms and conditions as provided

under paragraph (2).

(2) The terms and conditions referred to in paragraph (1) shall

require that reasonable advance notice be furnished to the

Secretary of Agriculture at least 60 days prior to the commencement

of surface disturbing activities.

(3) Advance notice under paragraph (2) shall include each of the

following items of information:

(A) A designated field representative.

(B) A map showing the location and dimensions of all

improvements, including but not limited to, well sites and road

and pipeline accesses.

setting forth a schedule for construction and drilling.

(D) A plan of erosion and sedimentation control.

(E) Proof of ownership of mineral title.

Nothing in this subsection shall be construed to affect any

authority of the State in which the lands concerned are located to

impose any requirements with respect to such oil and gas

operations.

(4) The person proposing to develop oil and gas deposits on lands

described under paragraph (5) shall either -

(A) permit the Secretary to market merchantable timber owned by

the United States on lands subject to such activities; or

(B) arrange to purchase merchantable timber on lands subject to

such surface disturbing activities from the Secretary of

Agriculture, or otherwise arrange for the disposition of such

merchantable timber, upon such terms and upon such advance notice

of the items referred to in subparagraphs (A) through (E) of

paragraph (3) as the Secretary may accept.

(5)(A) The lands referred to in this subsection are those lands

referenced in subparagraph (B) which are under the administration

of the Secretary of Agriculture where the United States acquired an

interest in such lands pursuant to the Act of March 1, 1911 (36

Stat. 961 and following), but does not have an interest in oil and

gas deposits that may be present under such lands. This subsection

does not apply to any such lands where, under the provisions of its

acquisition of an interest in the lands, the United States is to

acquire any oil and gas deposits that may be present under such

lands in the future but such interest has not yet vested with the

United States.

(B) This subsection shall only apply in the Allegheny National

Forest.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 17, 41 Stat. 443; July 3, 1930, ch.

854, Sec. 1, 46 Stat. 1007; Mar. 4, 1931, ch. 506, 46 Stat. 1523;

Aug. 21, 1935, ch. 599, Sec. 1, 49 Stat. 676; Aug. 8, 1946, ch.

916, Sec. 3, 60 Stat. 951; July 29, 1954, ch. 644, Sec. 1(1)-(3),

68 Stat. 583; Pub. L. 86-507, Sec. 1(21), June 11, 1960, 74 Stat.

201; Pub. L. 86-705, Sec. 2, Sept. 2, 1960, 74 Stat. 781; Pub. L.

97-78, Sec. 1(6), (8), Nov. 16, 1981, 95 Stat. 1070, 1071; Pub. L.

100-203, title V, Sec. 5102(a)-(d)(1), Dec. 22, 1987, 101 Stat.

1330-256, 1330-257; Pub. L. 102-486, title XXV, Secs. 2507(a),

2508(a), 2509, Oct. 24, 1992, 106 Stat. 3107-3109; Pub. L. 103-437,

Sec. 11(a)(1), Nov. 2, 1994, 108 Stat. 4589; Pub. L. 104-66, title

I, Sec. 1081(a), Dec. 21, 1995, 109 Stat. 721.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 1, 1911, referred to in subsecs. (b)(3)(E) and

(o)(5)(A), is act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended,

known as the Weeks Law, which is classified to sections 480, 500,

513 to 519, 521, 552, and 563 of Title 16, Conservation. For

complete classification of this Act to the Code, see Short Title

note set out under section 552 of Title 16 and Tables.

The Federal Onshore Oil and Gas Leasing Reform Act of 1987,

referred to in subsec. (d), is subtitle B (Secs. 5101 to 5113) of

title V of Pub. L. 100-203, Dec. 22, 1987, 101 Stat. 1330-256. For

complete classification of this Act to the Code, see Short Title of

1987 Amendment note set out under section 181 of this title and

Tables.

The Combined Hydrocarbon Leasing Act of 1981, referred to in

subsec. (n)(2), is Pub. L. 97-78, Nov. 16, 1981, 95 Stat. 1070,

which amended sections 181, 182, 184, 209, 226, 241, 351, and 352

of this title and enacted a provision set out as a note under

section 181 of this title. For complete classification of this Act

to the Code, see Short Title of 1981 Amendment note set out under

section 181 of this title and Tables.

-MISC1-

AMENDMENTS

1995 - Subsec. (j). Pub. L. 104-66 struck out at end "The

Secretary shall report to Congress at the beginning of each regular

session all such agreements entered into during the previous year

which involve unleased Government lands."

1994 - Subsec. (b)(1)(B). Pub. L. 103-437 substituted "Natural

Resources" for "Interior and Insular Affairs" before "of the United

States House".

1992 - Subsec. (b)(1)(A). Pub. L. 102-486, Sec. 2507(a)(1),

substituted "under paragraphs (2) and (3)" for "under paragraph

(2)".

Subsec. (b)(3). Pub. L. 102-486, Sec. 2507(a)(2), added par. (3).

Subsec. (e). Pub. L. 102-486, Sec. 2509, substituted "Competitive

and noncompetitive leases issued under this section shall be for a

primary term of 10 years: Provided, however," for "Competitive

leases issued under this section shall be for a primary term of

five years and noncompetitive leases for a primary term of ten

years: Provided, however,".

Subsec. (o). Pub. L. 102-486, Sec. 2508(a), added subsec. (o).

1987 - Subsec. (b)(1). Pub. L. 100-203, Sec. 5102(a), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

"If the lands to be leased are within any known geological

structure of a producing oil or gas field, they shall be leased to

the highest responsible qualified bidder by competitive bidding

under general regulations in units of not more than six hundred and

forty acres, which shall be as nearly compact in form as possible,

upon the payment by the lessee of such bonus as may be accepted by

the Secretary and of such royalty as may be fixed in the lease,

which shall be not less than 12 1/2 per centum in amount or value

of the production removed or sold from the lease."

Subsec. (c). Pub. L. 100-203, Sec. 5102(b), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "If the

lands to be leased are not subject to leasing under subsection (b)

of this section, the person first making application for the lease

who is qualified to hold a lease under this chapter shall be

entitled to a lease of such lands without competitive bidding. Such

leases shall be conditioned upon the payment by the lessee of a

royalty of 12 1/2 per centum in amount or value of the production

removed or sold from the lease."

Subsec. (d). Pub. L. 100-203, Sec. 5102(c), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "All

leases issued under this section shall be conditioned upon payment

by the lessee of a rental of not less than 50 cents per acre for

each year of the lease. Each year's lease rental shall be paid in

advance. A minimum royalty of $1 per acre in lieu of rental shall

be payable at the expiration of each lease year beginning on or

after a discovery of oil or gas in paying quantities on the lands

leased."

Subsecs. (f) to (n). Pub. L. 100-203, Sec. 5102(d)(1), added

subsecs. (f) to (h) and redesignated former subsecs. (f) to (k) as

(i) to (n), respectively.

1981 - Subsec. (b). Pub. L. 97-78, Sec. 1(6)(a), designated

existing provisions as par. (1) and added par. (2).

Subsec. (c). Pub. L. 97-78, Sec. 1(6)(b), substituted "subject to

leasing under subsection (b) of this section" for "within any known

geological structure of a producing oil or gas field".

Subsec. (e). Pub. L. 97-78, Sec. 1(6)(c), inserted proviso that

competitive leases in special tar sand areas be for a primary term

of ten years.

Subsec. (k). Pub. L. 97-78, Sec. 1(8), added subsec. (k).

1960 - Pub. L. 86-705 generally amended this section and sections

226d and 226e of this title, combining all three sections and

subdividing provisions into subsections (a) to (j) of this section.

Among other changes were: substitution of a fixed 10-year term for

a renewable 5-year term for noncompetitive leases, the addition of

subsec. (h) provisions with respect to the running of time against

a lease during a contest of the claim, an increase in the minimum

yearly rentals from 25 to 50 cents an acre, and striking out

provisions that permitted a waiver of second-year and third-year

rentals in certain situations.

Pub. L. 86-507 authorized notice of withdrawal to be given by

certified mail.

1954 - Act July 29, 1954, in second par., provided, that no lease

shall terminate for nonproduction (1) if reworking or drilling

operations are begun within 60 days after cessation of production,

(2) if cessation of production is by order or with consent of the

Secretary of the Interior, or (3) unless the lessee is given a

reasonable time of at least 60 days to place a well, capable of

producing paying quantities of oil or gas, on a producing status.

Act July 29, 1954, in third par., made sure that if a lessee

seasonably applies for an extension of the initial five-year term

of the lease he will be given such extension for either 5 years or

2 years, depending on whether or not the land is in a producing

structure.

Act July 29, 1954, in fifth par., provided that the primary term

of a lease which is effected by an agreement under which the United

States received compensatory royalty remains in full force and

effect for 1 year following discontinuance of compensatory royalty

payments.

1946 - Act Aug. 8, 1946, principally substituted, with respect to

the leasing of lands not within a known geological structure of a

producing oil or gas field, a royalty rate of 12 1/2 per cent

without further provision as to lease terms or quality of

production; substituted a minimum royalty of $1 per acre per annum

after discovery for the advance rental of not less than 25 cents

per acre per annum required prior to discovery; provided that all

leases shall be for a primary term of 5 years which shall continue

thereafter for so long as oil or gas is produced in paying

quantities, and that leases, with certain exceptions, shall be

subject to one renewal for 5 years, and, if not subject to renewal,

shall extend for an additional 2 years if diligent operations are

in progress at the lease expiration date.

1935 - Act Aug. 21, 1935, amended section generally.

1931 - Act Mar. 4, 1931, amended section generally.

1930 - Act July 3, 1930, amended section generally.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 1992 AMENDMENT

Section 2507(b) of Pub. L. 102-486 provided that: "The amendments

made by subsection (a) [amending this section] apply with respect

to those mineral estates in which the interest of the United States

becomes a vested present interest after January 1, 1990."

REGULATIONS

Section 2508(b) of Pub. L. 102-486 provided that: "Within 90 days

after the enactment of this Act [Oct. 24, 1992] the Secretary of

Agriculture shall promulgate regulations to implement the amendment

made by subsection (a) [amending this section]."

Section 5107 of Pub. L. 100-203 provided that:

"(a) Regulations. - The Secretary shall issue final regulations

to implement this subtitle [subtitle B (Secs. 5101-5113) of title V

of Pub. L. 100-203, see Short Title of 1987 Amendment note set out

under section 181 of this title] within 180 days after the

enactment of this subtitle [Dec. 22, 1987]. The regulations shall

be effective when published in the Federal Register.

"(b) Treatment Under Other Law. - The proposal or promulgation of

such regulations shall not be considered a major Federal action

subject to the requirements of section 102(2)(C) of the National

Environmental Policy Act of 1969 [42 U.S.C. 4332(2)(C)].

"(c) Test Sale. - The Secretary may hold one or more lease sales

conducted in accordance with the amendments made by this subtitle

before promulgation of regulations referred to in subsection (a).

Sale procedures for such sale shall be established in the notice of

sale."

SAVINGS PROVISION

Section 8 of Pub. L. 86-705 provided that: "No amendment made by

this Act [see Short Title of 1960 Amendment note set out under

section 181 of this title] shall affect any valid right in

existence on the effective date [Sept. 2, 1960] of the Mineral

Leasing Act Revision of 1960."

See note set out under section 181 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior, referred to in subsec.

(j), to promulgate regulations under this chapter relating to

establishment of diligence requirements for operations conducted on

Federal leases, setting of rates for production of Federal leases,

and specifying of procedures, terms, and conditions for acquisition

and disposition of Federal royalty interests taken in kind,

transferred to Secretary of Energy by section 7152(b) of Title 42,

The Public Health and Welfare. Section 7152(b) of Title 42 was

repealed by Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95

Stat. 1407, and functions of Secretary of Energy returned to

Secretary of the Interior. See House Report No. 97-315, pp. 25, 26,

Nov. 5, 1981.

-MISC3-

PENDING APPLICATIONS, OFFERS, AND BIDS

Section 5106 of Pub. L. 100-203 provided that:

"(a) Notwithstanding any other provision of this subtitle

[subtitle B (Secs. 5101-5113) of title V of Pub. L. 100-203, see

Short Title of 1987 Amendment note set out under section 181 of

this title] and except as provided in subsection (b) of this

section, all noncompetitive oil and gas lease applications and

offers and competitive oil and gas bids pending on the date of

enactment of this subtitle [Dec. 22, 1987] shall be processed, and

leases shall be issued under the provisions of the Act of February

25, 1920 [this chapter], as in effect before its amendment by this

subtitle, except where the issuance of any such lease would not be

lawful under such provisions or other applicable law.

"(b) No noncompetitive lease applications or offers pending on

the date of enactment of this subtitle for lands within the Shawnee

National Forest, Illinois; the Ouachita National Forest, Arkansas;

Fort Chaffee, Arkansas; or Eglin Air Force Base, Florida; shall be

processed until these lands are posted for competitive bidding in

accordance with section 5102 of this subtitle [amending this

section and section 188 of this title]. If any such tract does not

receive a bid equal to or greater than the national minimum

acceptable bid from a responsible qualified bidder then the

noncompetitive applications or offers pending for such a tract

shall be reinstated and noncompetitive leases issued under the Act

of February 25, 1920, as in effect before its amendment by this

subtitle, except where the issuance of any such lease would not be

lawful under such provisions or other applicable law. If

competitive leases are issued for any such tract, then the pending

noncompetitive application or offer shall be rejected.

"(c) Except as provided in subsections (a) and (b) of this

section, all oil and gas leasing pursuant to the Act of February

25, 1920, after the date of enactment of this subtitle shall be

conducted in accordance with the provisions of this subtitle."

REPORT TO CONGRESS

Section 5110 of Pub. L. 100-203 provided that: "The Secretary

shall submit annually for 5 years after enactment of this subtitle

[Dec. 22, 1987] to the Congress a report containing appropriate

information to facilitate congressional monitoring of this subtitle

[subtitle B (Secs. 5101-5113) of title V of Pub. L. 100-203, see

Short Title of 1987 Amendment note set out under section 181 of

this title]. Such report shall include, but not be limited to -

"(1) the number of acres leased, and the number of leases

issued, competitively and noncompetitively;

"(2) the amount of revenue received from bonus bids, filing

fees, rentals, and royalties;

"(3) the amount of production from competitive and

noncompetitive leases; and

"(4) such other data and information as will facilitate -

"(A) an assessment of the onshore oil and gas leasing system,

and

"(B) a comparison of the system as revised by this subtitle

with the system in operation prior to the enactment of this

subtitle."

LAND USE STUDY

Section 5111 of Pub. L. 100-203 provided that: "The National

Academy of Sciences and the Comptroller General of the United

States shall conduct a study of the manner in which oil and gas

resources are considered in the land use plans developed by the

Secretary of the Interior in accordance with provisions of the

Federal Land Policy and Management Act of 1976 (90 Stat. 2743)

[Pub. L. 94-579, see Short Title note under 43 U.S.C. 1701] and the

Secretary of Agriculture in accordance with the Forest and

Rangeland Renewable Resources Planning Act of 1974 (88 Stat. 476)

[Pub. L. 93-378, 16 U.S.C. 1600 et seq.], as amended by the

National Forest Management Act of 1976 (90 Stat. 2949) [Pub. L.

94-588, see Short Title of 1976 Amendment note under 16 U.S.C.

1600], and recommend any improvements that may be necessary to

ensure that -

"(1) potential oil and gas resources are adequately addressed

in planning documents;

"(2) the social, economic, and environmental consequences of

exploration and development of oil and gas resources are

determined; and

"(3) any stipulations to be applied to oil and gas leases are

clearly identified."

REINSTATEMENT AND EXTENSION OF CERTAIN TEN-YEAR OIL AND GAS LEASES

Act July 14, 1952, ch. 742, 66 Stat. 630, provided: "That any

lease issued for a ten-year term in exchange for an oil and gas

prospecting permit pursuant to sections 13 and 17 of the Act

entitled 'An Act to promote the mining of coal, phosphate, oil, oil

shale, gas, and sodium on the public domain', approved February 25,

1920, as amended by the Act of August 21, 1935 (49 Stat. 674)

[sections 221 and 226, respectively, of this title], and prior to

amendment by the Act of August 8, 1946 [act Aug. 8, 1946, ch. 916,

Sec. 3, 60 Stat. 951], and upon which drilling operations were

being diligently prosecuted on the expiration date of such lease,

prior to the effective date of this Act [July 14, 1952], is hereby

reinstated effective from the expiration date of the lease and

shall continue in effect for a period of two years after the

effective date of this Act and so long thereafter as oil or gas is

produced in paying quantities, if, within ninety days after the

enactment of this Act, payment is made, under the terms of such

lease as reinstated and extended, of any sums due the United States

for prior years. This Act shall not be applicable to any lands

which, subsequent to such expiration and prior to the enactment of

this Act, have been withdrawn from leasing, leased, or otherwise

disposed of."

OUTER CONTINENTAL SHELF; LEASES

Grant by Secretary of the Interior of oil, gas, and other mineral

leases on submerged lands of outer Continental Shelf, see section

1331 et seq. of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 181, 188, 223, 236a of

this title; title 10 sections 7421, 7427, 7435.

-FOOTNOTE-

(!1) So in original. Probably should be subsection "(k)(1)(C)".

-End-

-CITE-

30 USC Sec. 226-1 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 226-1. Extension of noncompetitive oil or gas lease issued

before September 2, 1960

-STATUTE-

(a) Lands not withdrawn from leasing

Upon the expiration of the initial five-year term of any

noncompetitive oil or gas lease which was issued prior to September

2, 1960, and which has been maintained in accordance with

applicable statutory requirements and regulations, the record

titleholder thereof shall be entitled to a single extension of the

lease, unless then otherwise provided by law, for such lands

covered by it as are not, on the expiration date of the lease,

withdrawn from leasing. A withdrawal, however, shall not affect the

right to an extension if actual drilling operations on such lands

were commenced prior to the effective date of the withdrawal and

were being diligently prosecuted on the expiration date of the

lease. No withdrawal shall be effective within the meaning of this

section until ninety days after notice thereof has been sent by

registered or certified mail to each lessee to be affected by such

withdrawal.

(b) Known and unknown geologic structures of producing fields

As to lands not within the known geologic structure of a

producing oil or gas field, a noncompetitive oil or gas lease to

which this section is applicable shall be extended for a period of

five years and so long thereafter as oil or gas is produced in

paying quantities. As to lands within the known geologic structure

of a producing oil or gas field, a noncompetitive lease to which

this section is applicable shall be extended for a period of two

years and so long thereafter as oil or gas is produced in paying

quantities.

Any noncompetitive oil or gas lease extended under this section

shall be subject to the rules and regulations in force at the

expiration of the initial five-year term of the lease. No extension

shall be granted, however, unless within a period of ninety days

prior to the expiration date of the lease an application therefor

is filed by the record titleholder or an assignee whose assignment

has been filed for approval or an operator whose operating

agreement has been filed for approval.

(d) Commencement of actual drilling operations

Any lease issued prior to September 2, 1960, which has been

maintained in accordance with applicable statutory requirements and

regulations and which pertains to land on which, or for which under

an approved cooperative or unit plan of development or operation,

actual drilling operations were commenced prior to the end of its

primary term and are being diligently prosecuted at that time shall

be extended for two years and so long thereafter as oil or gas is

produced in paying quantities.

-SOURCE-

(Pub. L. 86-705, Sec. 4, Sept. 2, 1960, 74 Stat. 789.)

-COD-

CODIFICATION

Section was enacted as part of Mineral Leasing Act Revision of

1960, and not as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437,

known as the Mineral Leasing Act, which comprises this chapter.

-End-

-CITE-

30 USC Sec. 226-2 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 226-2. Limitations for filing oil and gas contests

-STATUTE-

No action contesting a decision of the Secretary involving any

oil and gas lease shall be maintained unless such action is

commenced or taken within ninety days after the final decision of

the Secretary relating to such matter. No such action contesting

such a decision of the Secretary rendered prior to September 2,

1960 shall be maintained unless the same be commenced or taken

within ninety days after September 2, 1960.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 42, as added Pub. L. 86-705, Sec. 5,

Sept. 2, 1960, 74 Stat. 790.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1724 of this title.

-End-

-CITE-

30 USC Sec. 226-3 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 226-3. Lands not subject to oil and gas leasing

-STATUTE-

(a) Prohibition

The Secretary shall not issue any lease under this chapter or

under the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.] on

any of the following Federal lands:

(1) Lands recommended for wilderness allocation by the surface

managing agency.

(2) Lands within Bureau of Land Management wilderness study

areas.

(3) Lands designated by Congress as wilderness study areas,

except where oil and gas leasing is specifically allowed to

continue by the statute designating the study area.

(4) Lands within areas allocated for wilderness or further

planning in Executive Communication 1504, Ninety-Sixth Congress

(House Document numbered 96-119), unless such lands are allocated

to uses other than wilderness by a land and resource management

plan or have been released to uses other than wilderness by an

act of Congress.

(b) Exploration

In the case of any area of National Forest or public lands

subject to this section, nothing in this section shall affect any

authority of the Secretary of the Interior (or for National Forest

Lands reserved from the public domain, the Secretary of

Agriculture) to issue permits for exploration for oil and gas,

coal, oil shale, phosphate, potassium, sulphur, gilsonite or

geothermal resources by means not requiring construction of roads

or improvement of existing roads if such activity is conducted in a

manner compatible with the preservation of the wilderness

environment.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 43, as added Pub. L. 100-203, title V,

Sec. 5112, Dec. 22, 1987, 101 Stat. 1330-262; amended Pub. L.

100-443, Sec. 5(c), Sept. 22, 1988, 102 Stat. 1768.)

-REFTEXT-

REFERENCES IN TEXT

The Geothermal Steam Act of 1970, referred to in subsec. (a), is

Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, which is classified

principally to chapter 23 (Sec. 1001 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1001 of this title and Tables.

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-443, Sec. 5(c)(1), inserted "or

under the Geothermal Steam Act of 1970" after "under this chapter"

and directed that "oil and gas" be stricken which was executed by

striking those words where they appeared after "not issue any" in

introductory provisions, but not where they appeared in par. (3) as

the probable intent of Congress.

Subsec. (b). Pub. L. 100-443, Sec. 5(c)(2), inserted ", coal, oil

shale, phosphate, potassium, sulphur, gilsonite or geothermal

resources" after "oil and gas".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1027 of this title.

-End-

-CITE-

30 USC Secs. 226a, 226b 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Secs. 226a, 226b. Repealed. Aug. 8, 1946, ch. 916, Sec. 14, 60

Stat. 958

-MISC1-

Section 226a, act July 8, 1940, ch. 548, 54 Stat. 742, related to

lease of lands not within known productive field. See section 226

of this title.

Section 226b, acts July 29, 1942, ch. 534, Sec. 1, 56 Stat. 726;

Dec. 22, 1943, ch. 376, 57 Stat. 608; Sept. 27, 1944, ch. 429, 58

Stat. 755; Nov. 30, 1945, ch. 495, 59 Stat. 587, related to

preference right to new oil and gas lease upon expiration of

five-year non-competitive oil and gas lease. See section 226 of

this title.

SAVINGS PROVISION

See note set out under section 181 of this title.

-End-

-CITE-

30 USC Sec. 226c 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 226c. Reduction of royalties under existing leases

-STATUTE-

From and after August 8, 1946, the royalty obligation to the

United States under all leases requiring payment of royalty in

excess of 12 1/2 per centum, except leases issued or to be issued

upon competitive bidding, is reduced to 12 1/2 per centum in

amount or value of production removed or sold from said leases as

to (1) such leases, or such part of the lands subject thereto, and

the deposits underlying the same, as are not believed to be within

the productive limits of any oil or gas deposit, as such productive

limits are found by the Secretary to exist on August 8, 1946, and

(2) any production on a lease from an oil or gas deposit which was

discovered after May 27, 1941, by a well or wells drilled within

the boundaries of the lease, and which is determined by the

Secretary to be a new deposit; and (3) any production on or

allocated to a lease pursuant to an approved unit or cooperative

agreement from an oil or gas deposit which was discovered after May

27, 1941, on land committed to such agreement, and which is

determined by the Secretary to be a new deposit, where such lease

was included in such agreement at the time of discovery, or was

included in a duly executed and filed application for the approval

of such agreement at the time of discovery.

-SOURCE-

(Aug. 8, 1946, ch. 916, Sec. 12, 60 Stat. 957.)

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-MISC1-

SAVINGS PROVISION

See note set out under section 181 of this title.

OUTER CONTINENTAL SHELF; REFUNDS ON MINERAL-LEASE PAYMENTS

Refunds of excess payments with respect to oil, gas, and other

leases on submerged lands of outer Continental Shelf, see section

1339 of Title 43, Public Lands.

-End-

-CITE-

30 USC Secs. 226d, 226e 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Secs. 226d, 226e. Omitted

-COD-

CODIFICATION

Sections were completely amended by Pub. L. 86-705, Sec. 2, Sept.

2, 1960, 74 Stat. 781, and included in section 17 of Mineral

Leasing Act of Feb. 25, 1920, classified to section 226 of this

title.

Section 226d, act Feb. 25, 1920, ch. 85, Sec. 17a, as added Aug.

8, 1946, ch. 916, Sec. 4, 60 Stat. 952, provided for the exchange

of leases and fixed royalty rates for new leases.

Section 226e, act Feb. 25, 1920, ch. 85, Sec. 17b, as added Aug.

8, 1946, ch. 916, Sec. 5, 60 Stat. 952; amended July 29, 1954, ch.

644, Sec. 1(4), (5), 68 Stat. 585, permitted establishment of

cooperative or unit plans, setting up procedures for regulating

production, approving contracts and preventing waste.

-End-

-CITE-

30 USC Sec. 227 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 227. Omitted

-COD-

CODIFICATION

Section, acts Feb. 25, 1920, ch. 85, Sec. 18, 41 Stat. 443; Feb.

25, 1928, ch. 104, 45 Stat. 148, authorized the United States to

issue leases for a period of twenty years to persons who

relinquished all rights claimed or possessed prior to July 3, 1910

under preexisting placer mining law provided relinquishment was

filed in the General Land Office within six months after Feb. 25,

1920.

-End-

-CITE-

30 USC Sec. 228 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 228. Prospecting permits and leases to persons of lands not

withdrawn; terms and conditions of; fraud of claimants

-STATUTE-

Any person who on October 1, 1919, was a bona fide occupant or

claimant of oil or gas lands under a claim initiated while such

lands were not withdrawn from oil or gas location and entry, and

who had previously performed all acts under then existing laws

necessary to valid locations thereof except to make discovery, and

upon which discovery had not been made prior to February 25, 1920,

and who has performed work or expended on or for the benefit of

such locations an amount equal in the aggregate of $250 for each

location if application therefor shall be made within six months

from February 25, 1920, shall be entitled to prospecting permits

thereon upon the same terms and conditions, and limitations as to

acreage, as other permits provided for in this chapter, or where

any such person has made such discovery, prior to said February 25,

1920, he shall be entitled to a lease thereon under such terms as

the Secretary of the Interior may prescribe unless otherwise

provided for in section 227 (!1) of this title: Provided, That

where such prospecting permit is granted upon land within any known

geologic structure of a producing oil or gas field, the royalty to

be fixed in any lease thereafter granted thereon or any portion

thereof shall be not less than 12 1/2 per-centum of all the oil or

gas produced except oil or gas used for production purposes on the

claim, or unavoidably lost: Provided, however, That the provisions

of this section shall not apply to lands reserved for the use of

the Navy. No claimant for a permit or lease who has been guilty of

any fraud or who had knowledge or reasonable grounds to know of any

fraud, or who has not acted honestly and in good faith shall be

entitled to any of the benefits of this section.

All permits or leases hereunder shall inure to the benefit of the

claimant and all persons claiming through or under him by lease,

contract, or otherwise, as their interests may appear.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 19, 41 Stat. 445.)

-REFTEXT-

REFERENCES IN TEXT

Section 227 of this title, referred to in text, was omitted from

the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 7421, 7435.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

30 USC Sec. 229 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 229. Preference right to permits or leases of claimants of

lands bona fide entered as agricultural land; terms and

conditions

-STATUTE-

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 12 1/2 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-

(Feb. 25, 1920, ch. 85, Sec. 20, 41 Stat. 445.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 229a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 229a. Water struck while drilling for oil and gas

-STATUTE-

(a) Acquisition; condition in lease

All prospecting permits and leases for oil or gas made or issued

under the provisions of this chapter shall be subject to the

condition that in case the permittee or lessee strikes water while

drilling instead of oil or gas, the Secretary of the Interior may,

when such water is of such quality and quantity as to be valuable

and usable at a reasonable cost for agricultural, domestic, or

other purposes, purchase the casing in the well at the reasonable

value thereof to be fixed under rules and regulations to be

prescribed by the Secretary.

(b) Prior leases

In cases where water wells producing such water have heretofore

been or may hereafter be drilled upon lands embraced in any

prospecting permit or lease heretofore issued under this chapter,

the Secretary may in like manner purchase the casing in such wells.

The Secretary may make such purchase and may lease or operate

such wells for the purpose of producing water and of using the same

on the public lands or of disposing of such water for beneficial

use on other lands, and where such wells have heretofore been

plugged or abandoned or where such wells have been drilled prior to

the issuance of any permit or lease by persons not in privity with

the permittee or lessee, the Secretary may develop the same for the

purposes of this section: Provided, That owners or occupants of

lands adjacent to those upon which such water wells may be

developed shall have a preference right to make beneficial use of

such water.

(d) Revolving fund

The Secretary may use so much of any funds available for the

plugging of wells as he may find necessary to start the program

provided for by this section, and thereafter he may use the

proceeds from the sale or other disposition of such water as a

revolving fund for the continuation of such program, and such

proceeds are hereby appropriated for such purpose.

(e) Operations under lease not restricted

Nothing in this section shall be construed to restrict operations

under any oil or gas lease or permit under any other provision of

this chapter.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 40, as added June 16, 1934, ch. 557,

48 Stat. 977; amended Pub. L. 94-579, title VII, Sec. 704(a), Oct.

21, 1976, 90 Stat. 2792.)

-MISC1-

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-579 struck out proviso relating to

reservation of land as a water hole under section 300 of title 43.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 704(a) of Pub. L. 94-579 provided that the amendment made

by that section is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Amendment by Pub. L. 94-579 not to be construed as terminating

any valid lease, permit, patent, etc., existing on Oct. 21, 1976,

see section 701 of Pub. L. 94-579, set out as a note under section

1701 of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Secs. 230 to 233 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Secs. 230 to 233. Repealed. June 22, 1948, ch. 605, Sec. 3, 62

Stat. 576

-MISC1-

Section 230, act Mar. 4, 1923, ch. 249, Sec. 1, 42 Stat. 1448,

authorized permits and leases for certain United States citizens

and corporations in Oklahoma.

Section 231, act Mar. 4, 1923, ch. 249, Sec. 2, 42 Stat. 1448,

required applications for permits and leases to be made not later

than sixty days after Mar. 4, 1923.

Section 232, act Mar. 4, 1923, ch. 249, Sec. 3, 42 Stat. 1448,

limited amount of land any one person or corporation could be

granted.

Section 233, act Mar. 4, 1923, ch. 249, Sec. 4, 42 Stat. 1448,

provided for payment of royalties to United States.

SAVINGS PROVISION

Section 3 of act June 22, 1948, provided that the repeal of these

sections is subject to existing valid rights.

-End-

-CITE-

30 USC Sec. 233a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 233a. Permits or leases of certain lands in Oklahoma;

retention of royalties

-STATUTE-

The Secretary of the Interior is directed to retain in his

custody until otherwise directed by law the 12(!1/2) per centum and

other royalties heretofore or hereafter received by him in

pursuance of section 233 (!1) of this title.

-SOURCE-

(Mar. 4, 1925, ch. 550, Sec. 2, 43 Stat. 1302.)

-REFTEXT-

REFERENCES IN TEXT

Section 233 of this title, referred to in text, was repealed by

act June 22, 1948, ch. 605, Sec. 3, 62 Stat. 576.

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

30 USC Secs. 234 to 236 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Secs. 234 to 236. Repealed. June 22, 1948, ch. 605, Sec. 3, 62

Stat. 576

-MISC1-

Section 234, act Mar. 4, 1923, ch. 249, Sec. 5, 42 Stat. 1449,

provided for application of other laws to leases and permits

granted under sections 230 to 233 and 234 to 236 of this title, and

for disposition of lands and deposits remaining unappropriated and

undisposed of.

Section 235, act Mar. 4, 1923, ch. 249, Sec. 6, 42 Stat. 1449,

prohibited interference with certain lands in possession of

receivers appointed by the Supreme Court.

Section 236, act Mar. 4, 1923, ch. 249, Sec. 7, 42 Stat. 1450,

authorized promulgation of rules and regulations necessary to

accomplish purposes of sections 230 to 233 and 234 to 236 of this

title.

SAVINGS PROVISION

Section 3 of act June 22, 1948, provided that the repeal of these

sections is subject to existing valid rights.

-End-

-CITE-

30 USC Sec. 236a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 236a. Lands in naval petroleum reserves and naval oil-shale

reserves; effect of other laws

-STATUTE-

Nothing in sections 185, 221,(!1) 223, 223a,(!1) and 226 of this

title and this section shall be construed as affecting any lands

within the borders of the naval petroleum reserves and naval

oil-shale reserves or agreements concerning operations thereunder

or in relation to the same, but the Secretary of the Navy is hereby

authorized, with the consent of the President, to enter into

agreements such as those provided for under sections 184 and 226 of

this title, which agreement shall not, unless expressed therein,

operate to extend the terms of any lease affected thereby.

-SOURCE-

(Aug. 21, 1935, ch. 599, Sec. 3, 49 Stat. 679.)

-REFTEXT-

REFERENCES IN TEXT

Section 221 of this title, referred to in text, was omitted from

the Code.

Section 223a of this title, referred to in text, was repealed by

act Aug. 8, 1946, ch. 916, Sec. 14, 60 Stat. 958.

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

30 USC Sec. 236b 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 236b. Existing leases within naval petroleum reserves not

affected

-STATUTE-

Nothing in this act shall be construed as affecting existing

leases within the borders of the naval petroleum reserves, or

agreements concerning operations thereunder or in relation thereto.

-SOURCE-

(Aug. 8, 1946, ch. 916, Sec. 13, 60 Stat. 958; Aug. 10, 1956, ch.

1041, Sec. 53, 70A Stat. 675.)

-REFTEXT-

REFERENCES IN TEXT

This act, referred to in text, is act Aug. 8, 1946, ch. 916, 60

Stat. 950, as amended, which is classified generally to sections

181, 184, 187a, 187b, 188, 193, 209, 225, 226, 226c to 226e, 236b,

and 285 of this title. For complete classification of this Act to

the Code, see Tables.

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-MISC1-

AMENDMENTS

1956 - Act Aug. 10, 1956, repealed the portion of this section

after "thereto" which authorized the Secretary of the Navy, with

the consent of the President, to enter into agreements such as

those provided for in section 236e of this title, which agreements,

should not, unless expressed therein, operate to extend the term of

any lease affected thereby.

-End-

-CITE-

30 USC Sec. 237 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IV - OIL AND GAS

-HEAD-

Sec. 237. Omitted

-COD-

CODIFICATION

Section, Pub. L. 95-372, title VI, Sec. 602, Sept. 18, 1978, 92

Stat. 694, which required the Secretary of the Interior to submit

annual reports to Congress on delinquent royalty accounts under

leases issued under any Act regulating development of oil and gas

on Federal lands, terminated, effective May 15, 2000, pursuant to

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance. See, also, page 111 of

House Document No. 103-7.

-End-

-CITE-

30 USC SUBCHAPTER V - OIL SHALE 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER V - OIL SHALE

-HEAD-

SUBCHAPTER V - OIL SHALE

-End-

-CITE-

30 USC Sec. 241 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER V - OIL SHALE

-HEAD-

Sec. 241. Leases of lands

-STATUTE-

(a) Authorization; survey; terms, royalties and annual rentals;

readjustments on renewals; rights of existing claimants; fraud of

claimants

The Secretary of the Interior is hereby authorized to lease to

any person or corporation qualified under this chapter any deposits

of oil shale, and gilsonite (including all vein-type solid

hydrocarbons) belonging to the United States and the surface of so

much of the public lands containing such deposits, or land adjacent

thereto, as may be required for the extraction and reduction of the

leased minerals, under such rules and regulations, not inconsistent

with this chapter, as he may prescribe. No lease hereunder shall

exceed five thousand one hundred and twenty acres of land, to be

described by the legal subdivisions of the public-land surveys, or

if unsurveyed, to be surveyed by the United States, at the expense

of the applicant, in accordance with regulations to be prescribed

by the Secretary of the Interior. Leases may be for indeterminate

periods, upon such conditions as may be imposed by the Secretary of

the Interior, including covenants relative to methods of mining,

prevention of waste, and productive development. For the privilege

of mining, extracting, and disposing of the oil or other minerals

covered by a lease under this section the lessee shall pay to the

United States such royalties as shall be specified in the lease and

an annual rental, payable at the beginning of each year, at the

rate of 50 cents per acre per annum, for the lands included in the

lease, the rental paid for any one year to be credited against the

royalties accruing for that year; such royalties to be subject to

readjustment at the end of each twenty-year period by the Secretary

of the Interior. For the purpose of encouraging the production of

petroleum products from shales the Secretary may, in his

discretion, waive the payment of any royalty and rental during the

first five years of any lease. Any person having a valid claim to

such minerals under existing laws on January 1, 1919, shall, upon

the relinquishment of such claim, be entitled to a lease under the

provisions of this section for such area of the land relinquished

as shall not exceed the maximum area authorized by this section to

be leased to an individual or corporation. No claimant for a lease

who has been guilty of any fraud or who had knowledge or reasonable

grounds to know of any fraud, or who has not acted honestly and in

good faith, shall be entitled to any of the benefits of this

section. Not more than one lease shall be granted under this

section to any one person, association, or corporation except that

with respect to leases for gilsonite (including all vein-type solid

hydrocarbons) no person, association, or corporation shall acquire

or hold more than seven thousand six hundred eighty acres in any

one State without respect to the number of leases.

(b) Offer for lease; deposits other than oil shale; questioned

validity because of location; preference rights

If an offer for a lease under the provisions of this section for

deposits other than oil shale is based upon a mineral location, the

validity of which might be questioned because the claim was based

on a placer location rather than on a lode location, or vice versa,

the offeror shall have a preference right to a lease if the offer

is filed not more than one year after September 2, 1960.

vein-type solid hydrocarbons

With respect to gilsonite (including all vein-type solid

hydrocarbons) a lease under the multiple use principle may issue

notwithstanding the existence of an outstanding lease issued under

any other provision of this chapter.

(1) The Secretary may within the State of Colorado lease to the

holder of the Federal oil shale lease known as Federal Prototype

Tract C-a additional lands necessary for the disposal of oil shale

wastes and the materials removed from mined lands, and for the

building of plants, reduction works, and other facilities connected

with oil shale operations (which lease shall be referred to

hereinafter as an "offsite lease"). The Secretary may only issue

one offsite lease not to exceed six thousand four hundred acres. An

offsite lease may not serve more than one Federal oil shale lease

and may not be transferred except in conjunction with the transfer

of the Federal oil shale lease that it serves.

(2) The Secretary may issue one offsite lease of not more than

three hundred and twenty acres to any person, association or

corporation which has the right to develop oil shale on non-Federal

lands. An offsite lease serving non-Federal oil shale land may not

serve more than one oil shale operation and may not be transferred

except in conjunction with the transfer of the non-Federal oil

shale land that it serves. Not more than two offsite leases may be

issued under this paragraph.

(3) An offsite lease shall include no rights to any mineral

deposits.

(4) The Secretary may issue offsite leases after consideration of

the need for such lands, impacts on the environment and other

resource values, and upon a determination that the public interest

will be served thereby.

(5) An offsite lease for lands the surface of which is under the

jurisdiction of a Federal agency other than the Department of the

Interior shall be issued only with the consent of that other

Federal agency and shall be subject to such terms and conditions as

it may prescribe.

(6) An offsite lease shall be for such periods of time and shall

include such lands, subject to the acreage limitations contained in

this subsection, as the Secretary determines to be necessary to

achieve the purposes for which the lease is issued, and shall

contain such provisions as he determines are needed for protection

of environmental and other resource values.

(7) An offsite lease shall provide for the payment of an annual

rental which shall reflect the fair market value of the rights

granted and which shall be subject to such revisions as the

Secretary, in his discretion, determines may be needed from time to

time to continue to reflect the fair market value.

(8) An offsite lease may, at the option of the lessee, include

provisions for payments in any year which payments shall be

credited against any portion of the annual rental for a subsequent

year to the extent that such payment is payable by the Secretary of

the Treasury under section 191 of this title to the State within

the boundaries of which the leased lands are located. Such funds

shall be paid by the Secretary of the Treasury to the appropriate

State in accordance with section 191 of this title, and such funds

shall be distributed by the State only to those counties,

municipalities, or jurisdictional subdivisions impacted by oil

shale development and/or where the lease is sited.

(9) An offsite lease shall remain subject to leasing under the

other provisions of this chapter where such leasing would not be

incompatible with the offsite lease.

(d) Considerations governing issuance of offsite lease

In recognition of the unique character of oil shale development:

(1) In determining whether to offer or issue an offsite lease

under subsection (c) of this section, the Secretary shall consult

with the Governor and appropriate State, local, and tribal

officials of the State where the lands to be leased are located,

and of any additional State likely to be affected significantly by

the social, economic, or environmental effects of development under

such lease, in order to coordinate Federal and State planning

processes, minimize duplication of permits, avoid delays, and

anticipate and mitigate likely impacts of development.

(2) The Secretary may issue an offsite lease under subsection (d)

(!2) after consideration of (A) the need for leasing, (B) impacts

on the environment and other resource values, (C) socioeconomic

factors, and (D) information from consultations with the Governors

of the affected States.

(3) Before determining whether to offer an offsite lease under

subsection (c) of this section, the Secretary shall seek the

recommendation of the Governor of the State in which the lands to

be leased are located as to whether or not to lease such lands,

what alternative actions are available, and what special conditions

could be added to the proposed lease to mitigate impacts. The

Secretary shall accept the recommendations of the Governor if he

determines that they provide for a reasonable balance between the

national interest and the State's interests. The Secretary shall

communicate to the Governor, in writing, and publish in the Federal

Governor's recommendations.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 21, 41 Stat. 445; Pub. L. 86-705, Sec.

7, Sept. 2, 1960, 74 Stat. 790; Pub. L. 97-78, Sec. 1(1), Nov. 16,

1981, 95 Stat. 1070; Pub. L. 97-394, title III, Sec. 318, Dec. 30,

1982, 96 Stat. 1999.)

-MISC1-

AMENDMENTS

1982 - Subsecs. (c), (d). Pub. L. 97-394 added subsecs. (c) and

(d).

1981 - Subsec. (a). Pub. L. 97-78 substituted "and gilsonite

(including all vein-type solid hydrocarbons)" and "gilsonite

(including all vein-type hydrocarbons)" for "native asphalt, solid

and semisolid bitumen, and bituminous rock (including

oil-impregnated rock or sands from which oil is recoverable only by

special treatment after the deposit is mined or quarried)".

Subsec. (c). Pub. L. 97-78 substituted "gilsonite (including all

vein-type solid hydrocarbons)" for "native asphalt, solid and

semisolid bitumen, and bituminous rock (including oil-impregnated

rock or sands from which oil is recoverable only by special

treatment after the deposit is mined or quarried)".

1960 - Pub. L. 86-705 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c). Other changes included addition

of native asphalt, solid and semisolid bitumen, and bituminous rock

within the scope of the section, and insertion of the limitation

upon such holdings.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior to promulgate regulations

under this chapter relating to establishment of diligence

requirements for operations conducted on Federal leases, setting of

rates for production of Federal leases, and specifying of

procedures, terms, and conditions for acquisition and disposition

of Federal royalty interests taken in kind, transferred to

Secretary of Energy by section 7152(b) of Title 42, The Public

Health and Welfare. Section 7152(b) of Title 42 was repealed by

Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,

and functions of Secretary of Energy returned to Secretary of the

Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 7421, 7435.

-FOOTNOTE-

(!1) Two subsecs. (c) have been enacted.

(!2) So in original. Probably should be subsection "(c)".

-End-

-CITE-

30 USC Sec. 242 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER V - OIL SHALE

-HEAD-

Sec. 242. Oil shale claims

-STATUTE-

(a) Notice

Notwithstanding any other provision of law, within 60 days from

October 24, 1992, the Secretary of the Interior shall provide

notice to each holder of an unpatented oil shale mining claim of

the requirements of this Act. Such notice shall be made by

registered mail and by publication in a newspaper of general

circulation in the areas in which such claims are located.

(b) Full patent

The holder of a valid oil shale mining claim who has filed a

patent application and received first half final certificate for

patent by October 24, 1992, may obtain a patent pursuant to the

general mining laws of the United States.

(1) Notwithstanding any other provision of law, the holder of a

valid oil shale mining claim who has filed a patent application

which has been accepted for processing by the Department of the

Interior by October 24, 1992, but has not received first half final

certificate for patent by October 24, 1992, may receive only a

patent limited to the oil shale and associated minerals, upon

payment of $2.50 per acre. Title to the surface and to all other

minerals, including, but not limited to, oil, gas, and coal, shall

remain in the United States. Patents issued pursuant to this

subsection shall provide for surface use to the same extent as is

provided under applicable law prior to October 24, 1992, with

respect to oil shale mining claims, subject to the requirements of

subsection (f) of this section.

(2) Maintenance of claims referred to in this subsection prior to

patent issuance shall be in accordance with the requirements of

applicable law prior to October 24, 1992.

(3) Any holder of a valid oil shale mining claim referred to in

this subsection may maintain such claim in accordance with the

requirements set forth in subsection (e)(2) of this section in lieu

of receiving a patent under this section.

(4) Notwithstanding any other provision of law, any person

referred to in paragraph (1) who obtains compensation from the

United States as a result of the application of this section being

declared to be a taking of property within the meaning of the Fifth

Amendment to the United States Constitution, may obtain a full

patent upon tender to the Secretary of the amount of such

compensation, not including interest, and upon the receipt of such

amount, the Secretary shall convey to such person a patent in the

form and manner provided under the general mining laws of the

United States. Such tender may only be made within 3 years of

obtaining such compensation.

(d) Election

(1) Notwithstanding any other provision of law, within 180 days

from the date of which the Secretary provided notice under

subsection (a) of this section, a holder of a valid oil shale

mining claim for which a patent application was not filed and

accepted for processing by the Department of the Interior prior to

October 24, 1992, shall file with the Secretary a notice of

election to -

(A) proceed to limited patent as provided in subsection (e)(1)

of this section; or

(B) maintain the unpatented claim as provided for in subsection

(e)(2) of this section.

(2) Failure to file the notice of election as required by

paragraph (1) shall be deemed conclusively to constitute an

abandonment of the claim by operation of law.

(3) Any claim holder who elects to proceed under paragraph (1)(A)

must apply for a patent within 2 years from the date of election or

notify the Secretary in writing prior to expiration of the 2-year

period of a decision to maintain such claim as provided in

paragraph (1)(B) or such claim shall be deemed conclusively to have

been abandoned by operation of law.

(4) The provisions of this subsection shall be in addition to the

requirements of section 1744 of title 43.

(e) Effect of election

(1) Notwithstanding any other provisions of law, a claim holder

subject to the election requirements of subsection (d) of this

section who elects to receive a limited patent shall receive title

only to the oil shale associated minerals, upon payment of fair

market value for the oil shale and associated minerals. Title to

the surface and to all other minerals, including, but not limited

to oil, gas, and coal, shall remain in the United States. Patents

issued pursuant to this subsection shall provide for surface use to

the same extent as is provided under applicable law prior to

October 24, 1992, with respect to oil shale mining claims, subject

to the requirements of subsection (f) of this section.

(2) Notwithstanding any other provision of law, a claim holder

referred to in subsection (c) of this section or a claim holder

subject to the election requirements of subsection (d) of this

section who maintains or elects to maintain an unpatented claim

shall maintain such claim by complying with the general mining laws

of the United States, and with the provisions of this section,

except that the claim holder shall no longer be required to perform

annual labor, and instead shall pay to the Secretary $550 per claim

per year for deposit as miscellaneous receipts in the general fund

of the Treasury, commencing with calendar year 1993. Such fee shall

accompany the filing made by the claim holder with the Bureau of

Land Management pursuant to section 1744(a)(2) of title 43.

(f) Reclamation

In addition to other applicable requirements, any person who

holds a limited patent or maintains a claim pursuant to this

section shall be required to carry out reclamation as prescribed by

the Secretary and to furnish a bond or other appropriate financial

guarantee in an amount sufficient to ensure adequate reclamation of

the lands to be disturbed by any aspect of the proposed mining

activities.

(g) Reaffirmation of requirements

Without comment on the adequacy of current or former standards

for determining validity of oil shale claims, Congress reaffirms

the requirements of law that a patent may issue only to persons who

hold valid claims and the need for careful review of any

applications.

(h) Issuance of patents

Notwithstanding any other provision of law, with respect to any

oil shale mining claim located under the general mining laws of the

United States, no patent for such claim shall be issued except as

provided by this section.

-SOURCE-

(Pub. L. 102-486, title XXV, Sec. 2511, Oct. 24, 1992, 106 Stat.

3109.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 102-486, Oct.

24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992.

For complete classification of this Act to the Code, see Short

Title note set out under section 13201 of Title 42, The Public

Health and Welfare, and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as

the Mineral Leasing Act, which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 28f of this title.

-End-

-CITE-

30 USC SUBCHAPTER VI - ALASKA OIL PROVISO 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER VI - ALASKA OIL PROVISO

-HEAD-

SUBCHAPTER VI - ALASKA OIL PROVISO

-End-

-CITE-

30 USC Sec. 251 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER VI - ALASKA OIL PROVISO

-HEAD-

Sec. 251. Leases to claimants of withdrawn lands; terms and

conditions; acreage; annual rentals and royalties; fraud of

claimants

-STATUTE-

Any bona fide occupant or claimant of oil or gas bearing lands in

the Territory of Alaska, who, or whose predecessors in interest,

prior to withdrawal had complied otherwise with the requirements of

the mining laws, but had made no discovery of oil or gas in wells

and who prior to withdrawal had made substantial improvements for

the discovery of oil or gas on or for each location or had prior to

February 25, 1920 expended not less than $250 in improvements on or

for each location shall be entitled, upon relinquishment or

surrender to the United States within one year from February 25,

1920, or within six months after final denial or withdrawal of

application for patent, to a lease or leases, under this chapter

covering such lands, not exceeding five leases in number and not

exceeding an aggregate of one thousand two hundred and eighty acres

in each: Provided, That the annual lease rentals for lands in the

Territory of Alaska not within any known geological structure of a

producing oil or gas field and the royalty payments from production

of oil or gas sold or removed from such lands shall be identical

with those prescribed for such leases covering similar lands in the

States of the United States, except that leases which may issue

pursuant to applications or offers to lease such lands, which

applications or offers were filed prior to and were pending on May

3, 1958, shall require the payment of 25 cents per acre as lease

rental for the first year of such leases; but the aforesaid

exception shall not apply in any way to royalties to be required

under leases which may issue pursuant to offers or applications

filed prior to May 3, 1958.

The Secretary of the Interior shall neither prescribe nor approve

any cooperative or unit plan of development or operation nor any

operating, drilling, or development contract establishing different

royalty or rental rates for Alaska lands than for similar lands

within the States of the United States.

No claimant for a lease who has been guilty of any fraud or who

had knowledge or reasonable grounds to know of any fraud, or who

has not acted honestly and in good faith, shall be entitled to any

of the benefits of this section.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 22, 41 Stat. 446; Pub. L. 85-505, Sec.

10, July 3, 1958, 72 Stat. 324.)

-MISC1-

AMENDMENTS

1958 - Pub. L. 85-505 struck out provisions which related to

prospecting permits, provided that the annual lease rentals and

royalty payments shall be identical with those prescribed for

leases covering similar lands in the States of the United States,

permitted a payment of 25 cents per acre as lease rental for the

first year of the lease in those leases issued pursuant to

applications or offers filed prior to and pending on May 3, 1958,

and prohibited the Secretary from prescribing or approving any

cooperative or unit plan of development or operation or any

operating, drilling, or development contract establishing different

royalty or rental rates for Alaska lands than for similar lands

within the States of the United States.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 7421, 7435.

-End-

-CITE-

30 USC SUBCHAPTER VII - SODIUM 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER VII - SODIUM

-HEAD-

SUBCHAPTER VII - SODIUM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 284 of this title.

-End-

-CITE-

30 USC Sec. 261 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER VII - SODIUM

-HEAD-

Sec. 261. Prospecting permits; lands included; acreage

-STATUTE-

The Secretary of the Interior is hereby authorized, under such

rules and regulations as he may prescribe, to grant to any

qualified applicant a prospecting permit which shall give the

exclusive right to prospect for chlorides, sulphates, carbonates,

borates, silicates, or nitrates of sodium, in lands belonging to

the United States for a period of not exceeding two years:

Provided, That the area to be included in such a permit shall not

exceed two thousand five hundred and sixty acres of land in

reasonably compact form.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 23, 41 Stat. 447; Dec. 11, 1928, ch.

19, 45 Stat. 1019.)

-MISC1-

AMENDMENTS

1928 - Act Dec. 11, 1928, struck out "and directed" after

"authorized", "dissolved in and soluble in water, and accumulated

by concentration, in lands belonging to the United States for a

period not exceeding two years," after "nitrates of sodium", and

last proviso which read "Provided further, That the provisions of

this section shall not apply to lands in San Bernardino County,

California."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 262 of this title; title

10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 262 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER VII - SODIUM

-HEAD-

Sec. 262. Leases to permittees; survey of lands; royalties and

annual rentals

-STATUTE-

Upon showing to the satisfaction of the Secretary of the Interior

that valuable deposits of one of the substances enumerated in

section 261 of this title have been discovered by the permittee

within the area covered by his permit and that such land is chiefly

valuable therefor, the permittee shall be entitled to a lease for

any or all of the land embraced in the prospecting permit at a

royalty of not less than 2 per centum of the quantity or gross

value of the output of sodium compounds and other related products

at the point of shipment to market; the lands in such lease to be

taken in compact form by legal subdivisions of the public land

surveys or, if the land be not surveyed, by survey executed at the

cost of the permittee in accordance with regulations prescribed by

the Secretary of the Interior. Lands known to contain valuable

deposits of one of the substances enumerated in section 261 of this

title and not covered by permits or leases shall be subject to

lease by the Secretary of the Interior through advertisement,

competitive bidding, or such other methods as he may by general

regulations adopt and in such areas as he shall fix, not exceeding

two thousand five hundred and sixty acres. All leases under this

section shall be conditioned upon the payment by the lessee of such

royalty as may be fixed in the lease, not less than 2 per centum of

the quantity or gross value of the output of sodium compounds and

other related products at the point of shipment to market, and the

payment in advance of a rental of 25 cents per acre for the first

calendar year or fraction thereof, 50 cents per acre for the

second, third, fourth, and fifth calendar years respectively; and

$1 per acre per annum thereafter during the continuance of the

lease, such rental for any one year to be credited against

royalties accruing for that year. Leases under this section shall

be for a period of twenty years, with preferential right in the

lessee to renew for successive periods of ten years upon such

reasonable terms and conditions as may be prescribed by the

Secretary of the Interior unless otherwise provided by law at the

expiration of such period: Provided, That nothing in this chapter

shall prohibit the mining and sale of sodium compounds under

potassium leases issued pursuant to subchapter VII [Sec. 141 et

seq.] of chapter 3 of this title and subchapter IX of this chapter,

nor the mining and sale of potassium compounds as a byproduct from

sodium leases taken under this section: Provided further, That on

application by any lessee the Secretary of the Interior is

authorized to modify the rental and royalty provisions stipulated

in any existing sodium lease to conform to the provisions of this

section.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 24, 41 Stat. 447; Dec. 11, 1928, ch.

19, 45 Stat. 1019.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter VII [Sec. 141 et seq.] of chapter 3 of this title,

referred to in text, was repealed by act Feb. 7, 1927, ch. 66, Sec.

6, 44 Stat. 1058.

Subchapter IX of this chapter, referred to in text, was in the

original "act February 7, 1927 (Forty-fourth Statutes at Large,

page 1057)" meaning act Feb. 7, 1927, ch. 66, 44 Stat. 1057, as

amended, which enacted subchapter IX (Sec. 281 et seq.) of this

chapter, amended sections 181 and 193 of this title, and repealed

subchapter VII (Sec. 141 et seq.) of chapter 3 of this title. For

complete classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1928 - Act Dec. 11, 1928, amended section generally.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 7421, 7435.

-End-

-CITE-

30 USC Sec. 263 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER VII - SODIUM

-HEAD-

Sec. 263. Permits to use or lease of nonmineral lands for camp

sites, and other purposes; annual rentals; acreage

-STATUTE-

In addition to areas of such mineral land which may be included

in any such prospecting permits or leases, the Secretary of the

Interior, in his discretion, may grant to a permittee or lessee of

lands containing sodium deposits, and subject to the payment of an

annual rental of not less than 25 cents per acre, the exclusive

right to use, during the life of the permit or lease, a tract of

unoccupied nonmineral public land, not exceeding forty acres in

area, for camp sites, refining works, and other purposes connected

with and necessary to the proper development and use of the

deposits covered by the permit or lease.

-SOURCE-

(Feb. 25, 1920, ch. 85, Sec. 25, 41 Stat. 447.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 7421, 7435.

-End-

-CITE-

30 USC SUBCHAPTER VIII - SULPHUR 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER VIII - SULPHUR

-HEAD-

SUBCHAPTER VIII - SULPHUR

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 351, 352, 505, 530,

541e of this title.

-End-

-CITE-

30 USC Sec. 271 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER VIII - SULPHUR

-HEAD-

Sec. 271. Prospecting permits; lands included; acreage

-STATUTE-

The Secretary of the Interior is hereby authorized and directed,

under such rules and regulations as he may prescribe, to grant to

any qualified applicant a prospecting permit which shall give the

exclusive right to prospect for sulphur in lands belonging to the

United States located in the States of Louisiana and New Mexico for

a period of not exceeding two years: Provided, That the area to be

included in such a permit shall be not exceeding six hundred and

forty acres of land in reasonably compact form.

-SOURCE-

(Apr. 17, 1926, ch. 158, Sec. 1, 44 Stat. 301; July 16, 1932, ch.

498, 47 Stat. 701.)

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-MISC1-

AMENDMENTS

1932 - Act July 16, 1932, substituted "States of Louisiana and

New Mexico" for "State of Louisiana".

-End-

-CITE-

30 USC Sec. 272 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER VIII - SULPHUR

-HEAD-

Sec. 272. Leases to permittees; privileges extended to oil and gas

permittees

-STATUTE-

Upon showing to the satisfaction of the Secretary of the Interior

that valuable deposits of sulphur have been discovered by the

permittee within the area covered by his permit, and that the land

is chiefly valuable therefor, the permittee shall be entitled to a

lease for any or all of the land embraced in the prospecting

permit, at a royalty of 5 per centum of the quantity or gross value

of the output of sulphur at the point of shipment to market, such

lease to be taken in compact form by legal subdivisions of the

public-land surveys; or if the land be not surveyed, by survey

executed at the cost of the permittee in accordance with

regulations prescribed by the Secretary of the Interior: Provided,

That where any person having been granted an oil and gas permit

makes a discovery of sulphur in lands covered by said permit, he

shall have the same privilege of leasing not to exceed six hundred

and forty acres of said land under the same terms and conditions as

are given a sulphur permittee under the provisions of this section.

-SOURCE-

(Apr. 17, 1926, ch. 158, Sec. 2, 44 Stat. 301.)

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-End-

-CITE-

30 USC Sec. 273 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER VIII - SULPHUR

-HEAD-

Sec. 273. Lease of lands not covered by permits or leases; acreage;

rental

-STATUTE-

Lands known to contain valuable deposits of sulphur and not

covered by permits or leases shall be held subject to lease by the

Secretary of the Interior through advertisement, competitive

bidding, or such other methods as he may by general regulations

adopt and in such areas as he shall fix, not exceeding six hundred

and forty acres; all leases to be conditioned upon the payment by

the lessee of such royalty as may be fixed in the lease and the

payment in advance of a rental of 50 cents per acre per annum, the

rental paid for any one year to be credited against the royalties

accruing for that year.

-SOURCE-

(Apr. 17, 1926, ch. 158, Sec. 3, 44 Stat. 301.)

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-End-

-CITE-

30 USC Sec. 274 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER VIII - SULPHUR

-HEAD-

Sec. 274. Lands containing coal or other minerals

-STATUTE-

Prospecting permits or leases may be issued in the discretion of

the Secretary of the Interior under the provisions of this

subchapter for deposits of sulphur in public lands also containing

coal or other minerals on condition that such other deposits be

reserved to the United States for disposal under applicable laws.

-SOURCE-

(Apr. 17, 1926, ch. 158, Sec. 4, 44 Stat. 302.)

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-End-

-CITE-

30 USC Sec. 275 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER VIII - SULPHUR

-HEAD-

Sec. 275. Laws applicable

-STATUTE-

The general provisions of sections 181 to 184, 185 to 188, 189 to

192, 193, and 194 (!1) of this title, are made applicable to

permits and leases under this subchapter, sections 181 and 193 of

this title being amended to include deposits of sulphur, and

section 184 of this title being amended so as to prohibit any

person, association, or corporation from taking or holding more

than three sulphur permits or leases in any one State during the

life of such permits or leases.

-SOURCE-

(Apr. 17, 1926, ch. 158, Sec. 5, 44 Stat. 302.)

-REFTEXT-

REFERENCES IN TEXT

Section 194 of this title, referred to in text, was repealed by

Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644.

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

30 USC Sec. 276 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER VIII - SULPHUR

-HEAD-

Sec. 276. Application of subchapter to Louisiana and New Mexico

only

-STATUTE-

The provisions of this subchapter shall apply only to the States

of Louisiana and New Mexico.

-SOURCE-

(Apr. 17, 1926, ch. 158, Sec. 6, 44 Stat. 302; July 16, 1932, ch.

498, 47 Stat. 701.)

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-MISC1-

AMENDMENTS

1932 - Act July 16, 1932, substituted "States of Louisiana and

New Mexico" for "State of Louisiana".

-End-

-CITE-

30 USC SUBCHAPTER IX - POTASH 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IX - POTASH

-HEAD-

SUBCHAPTER IX - POTASH

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 262, 351, 505, 530,

541e of this title.

-End-

-CITE-

30 USC Sec. 281 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IX - POTASH

-HEAD-

Sec. 281. Prospecting permits for chlorides, sulphates, carbonates,

borates, silicates, or nitrates of potassium; authorization;

acreage; lands affected

-STATUTE-

The Secretary of the Interior is hereby authorized, under such

rules and regulations as he may prescribe, to grant to any

qualified applicant a prospecting permit which shall give the

exclusive right to prospect for chlorides, sulphates, carbonates,

borates, silicates, or nitrates of potassium in lands belonging to

the United States for a period of not exceeding two years:

Provided, That the area to be included in such a permit shall not

exceed two thousand five hundred and sixty acres of land in

reasonably compact form: Provided further, That the prospecting

provisions of this subchapter shall not apply to lands and deposits

in or adjacent to Searles Lake, California, which lands may be

leased by the Secretary of the Interior under the terms and

provisions of this subchapter.

-SOURCE-

(Feb. 7, 1927, ch. 66, Sec. 1, 44 Stat. 1057.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

Act", meaning act Feb. 7, 1927, ch. 66, 44 Stat. 1057, as amended,

which enacted this subchapter, amended sections 181 and 193 of this

title, and repealed subchapter VII (Sec. 141 et seq.) of chapter 3

of this title. For complete classification of this Act to the Code,

see Tables.

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-End-

-CITE-

30 USC Sec. 282 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IX - POTASH

-HEAD-

Sec. 282. Leases to permittees of lands showing valuable deposits;

royalty

-STATUTE-

Upon showing to the satisfaction of the Secretary of the Interior

that valuable deposits of one of the substances enumerated in this

subchapter has been discovered by the permittee within the area

covered by his permit, and that such land is chiefly valuable

therefor, the permittee shall be entitled to a lease for any or all

of the land embraced in the prospecting permit, at a royalty of not

less than 2 per centum of the quantity or gross value of the output

of potassium compounds and other related products, except sodium,

at the point of shipment to market, such lease to be taken in

compact form by legal subdivisions of the public land surveys, or

if the land be not surveyed, by survey executed at the cost of the

permittee in accordance with regulations prescribed by the

Secretary of the Interior.

-SOURCE-

(Feb. 7, 1927, ch. 66, Sec. 2, 44 Stat. 1057.)

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-End-

-CITE-

30 USC Sec. 283 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IX - POTASH

-HEAD-

Sec. 283. Lands containing valuable deposits not covered by permits

or leases; authority to lease; acreage; conditions; renewals;

exemptions from rentals and royalties; suspension of operations

-STATUTE-

Lands known to contain valuable deposits enumerated in this

subchapter and not covered by permits or leases shall be held

subject to lease by the Secretary of the Interior through

advertisement, competitive bidding, or such other methods as he may

by general regulations adopt, and in such areas as he shall fix,

not exceeding two thousand five hundred and sixty acres; all leases

to be conditioned upon the payment by the lessee of such royalty as

may be fixed in the lease, not less than 2 per centum of the

quantity or gross value of the output of potassium compounds and

other related products, except sodium, at the point of shipment to

market, and the payment in advance of a rental of 25 cents per acre

for the first calendar year or fraction thereof; 50 cents per acre

for the second, third, fourth, and fifth years, respectively; and

$1 per acre per annum thereafter during the continuance of the

lease, such rental for any year being credited against royalties

accruing for that year. Any lease issued under this subchapter

shall be for a term of twenty years and so long thereafter as the

lessee complies with the terms and conditions of the lease and upon

the further condition that at the end of each twenty-year period

succeeding the date of the lease such reasonable adjustment of the

terms and conditions thereof may be made therein as may be

prescribed by the Secretary of the Interior unless otherwise

provided by law at the expiration of such periods. Leases shall be

conditioned upon a minimum annual production or the payment of a

minimum royalty in lieu thereof, except when production is

interrupted by strikes, the elements, or casualties not

attributable to the lessee. The Secretary of the Interior may

permit suspension of operations under any such leases when

marketing conditions are such that the leases cannot be operated

except at a loss. The Secretary upon application by the lessee

prior to the expiration of any existing lease in good standing

shall amend such lease to provide for the same tenure and to

contain the same conditions, including adjustment at the end of

each twenty-year period succeeding the date of said lease, as

provided for in this subchapter. In the discretion of the Secretary

of the Interior the area involved in any lease resulting from a

prospecting permit may be exempt from any rental in excess of 25

cents per acre for twenty years succeeding its issue, and the

production of potassium compounds under such a lease may be exempt

from any royalty in excess of the minimum prescribed in this

subchapter for the same period.

-SOURCE-

(Feb. 7, 1927, ch. 66, Sec. 3, 44 Stat. 1057; June 3, 1948, ch.

379, Sec. 9, 62 Stat. 292.)

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-MISC1-

AMENDMENTS

1948 - Act June 3, 1948, increased renewal term from ten to

twenty years, provided for reasonable adjustment of terms, provided

minimum conditions, and permitted suspension of operations under

certain conditions.

-End-

-CITE-

30 USC Sec. 284 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IX - POTASH

-HEAD-

Sec. 284. Lands containing coal or other minerals in addition to

potassium deposits; issuance of prospecting permits and leases;

covenants in potassium leases

-STATUTE-

Prospecting permits or leases may be issued under the provisions

of this subchapter for deposits of potassium in public lands, also

containing deposits of coal or other minerals, on condition that

such other deposits be reserved to the United States for disposal

under appropriate laws: Provided, That if the interests of the

Government and of the lessee will be subserved thereby, potassium

leases may include covenants providing for the development by the

lessee of chlorides, sulphates, carbonates, borates, silicates, or

nitrates of sodium, magnesium, aluminum, or calcium, associated

with the potassium deposits leased, on terms and conditions not

inconsistent with the sodium provisions of subchapter VII of this

chapter: Provided further, That where valuable deposits of mineral

now subject to disposition under the general mining laws are found

in fissure veins on any of the lands subject to permit or lease

under this subchapter, the valuable minerals so found shall

continue subject to disposition under the said general mining laws

notwithstanding the presence of potash therein.

-SOURCE-

(Feb. 7, 1927, ch. 66, Sec. 4, 44 Stat. 1058.)

-REFTEXT-

REFERENCES IN TEXT

The sodium provisions of subchapter VII of this chapter, referred

to in text, was in the original "the sodium provisions of the Act

of February 25, 1920 (Forty-first Statutes at Large, page 437)",

which means sections 23 to 25 of act Feb. 25, 1920, ch. 85, 41

Stat. 447, which are classified to subchapter VII (Sec. 261 et

seq.) of this chapter.

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-End-

-CITE-

30 USC Sec. 285 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IX - POTASH

-HEAD-

Sec. 285. Laws applicable

-STATUTE-

The general provisions of sections 182 to 184, 185 to 188, 189 to

192, 193, and 194 (!1) of this title, are made applicable to

permits and leases under this subchapter.

-SOURCE-

(Feb. 7, 1927, ch. 66, Sec. 5, 44 Stat. 1058; Aug. 8, 1946, ch.

916, Sec. 11, 60 Stat. 957.)

-REFTEXT-

REFERENCES IN TEXT

Section 194 of this title, referred to in text, was repealed by

Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644.

-COD-

CODIFICATION

Provision of this section that section 193 of this title was

amended to include deposits of potassium was omitted from this

section as executed to section 193 of this title.

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-MISC1-

AMENDMENTS

1946 - Act Aug. 8, 1946, struck out reference to section 181 of

this title.

SAVINGS PROVISION

See note set out under section 181 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

30 USC Sec. 286 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IX - POTASH

-HEAD-

Sec. 286. Disposition of royalties and rents from potassium leases

-STATUTE-

All money received from royalties and rentals from any lease

issued or renewed under the provisions of subchapter VII of chapter

3 of this title, shall be paid into, reserved, and appropriated as

follows: 52 1/2 per centum to the Reclamation Fund, 10 per centum

to the Treasury of the United States as miscellaneous receipts, and

37 1/2 per centum shall be paid by the Secretary of the Treasury,

after the expiration of each fiscal year, to the State within the

boundaries of which the leased lands or deposits are or were

located, such money to be used by such State or subdivision thereof

for the construction and maintenance of public roads or for the

support of schools or other public educational institutions, as the

legislature of the State may direct.

-SOURCE-

(Feb. 7, 1927, ch. 66, Sec. 6, 44 Stat. 1058; June 1, 1948, ch.

356, 62 Stat. 279.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter VII of chapter 3, referred to in text, was in the

original "the Act entitled 'An Act to authorize exploration for and

disposition of potassium' approved October 2, 1917", meaning act

Oct. 2, 1917, ch. 62, 40 Stat. 297, which was classified to

subchapter VII (Sec. 141 et seq.) of chapter 3 of this title and

which was repealed by act Feb. 7, 1927, ch. 66, Sec. 6, 44 Stat.

1058.

-COD-

CODIFICATION

Section is composed of the second sentence of section 6 of act

Feb. 7, 1927, as added by act June 1, 1948. The first sentence of

section 6 repealed former sections 141 to 152 of this title and did

not affect pending applications for permits or leases filed prior

to Jan. 1, 1926, or valid claims existent on Feb. 7, 1927, and

thereafter maintained in compliance with the laws under which

initiated, which claims could be perfected under such laws,

including discovery.

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-End-

-CITE-

30 USC Sec. 287 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 3A - LEASES AND PROSPECTING PERMITS

SUBCHAPTER IX - POTASH

-HEAD-

Sec. 287. Extension of prospecting permits

-STATUTE-

Any prospecting permit issued under this subchapter may be

extended by the Secretary of the Interior for a period not

exceeding two years, upon a showing of satisfactory cause.

-SOURCE-

(Feb. 7, 1927, ch. 66, Sec. 7, as added May 7, 1932, ch. 174, 47

Stat. 151.)

-COD-

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41

Stat. 437, known as the Mineral Leasing Act, which comprises this

chapter.

-End-

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Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Mineral lands and mining

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