Title 30 -- Mineral Lands and Mining


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    30 USC CHAPTER 3A - LEASES AND PROSPECTING PERMITS           01/05/99
 
-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 or permits, acreage; regulations.
                  (b) Sodium leases or permits, acreage.
                  (c) Phosphate leases, 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.
                  (c) Inter-agency coordination.
                  (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.
                  (c) Reinstatement.
                  (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.
                  (c) Prohibition against recoupment.
    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.
                  (c) Civil actions.
                  (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.
                  (c) Operation and reclamation plan.
    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.
                  (c) Exploratory drilling by party not under 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.
                  (c) Extension of term of permit.
    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.
                  (c) Lands subject to leasing under subsection (b);
                        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.
                  (c) Application requirement.
                  (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.
                  (c) Disposition.
                  (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. Delinquent royalty accounts under leases regulating
      development of oil and gas on Federal lands; recommendations for
      corrective action.
                          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.
                  (c) Multiple use principal leases; gilsonite
                        including all vein-type solid hydrocarbons.
                  (c) Offsite leases.
                  (d) Considerations governing issuance of offsite
                        lease.
    242. Oil shale claims.
                  (a) Notice.
                  (b) Full patent.
                  (c) 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.
 
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    30 USC SUBCHAPTER I - GENERAL PROVISIONS                     01/05/99
 
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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
 
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    30 USC Sec. 181                                              01/05/99
 
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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.
 
-MISC2-
                                 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 1987 AMENDMENT
      Pub. L. 100-203, title V, Sec. 5101(a), Dec. 22, 1987, 101 Stat.
    1330-256, provided that: ''This subtitle (subtitle B (Sec.
    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.
 
-CROSS-
                              CROSS REFERENCES
      Conveyances to occupants of unpatented mining claims, reservation
    of mineral rights, see section 707 of this title.
      Helium reserve lands, development of other mineral resources, see
    section 529 of this title.
      Laws applicable, see sections 275 and 285 of this title.
      Naval petroleum reserves, jurisdiction and control, see section
    7421 of Title 10, Armed Forces.
 
-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.
 
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    30 USC Sec. 182                                              01/05/99
 
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    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.
 
-CROSS-
                              CROSS REFERENCES
      Laws applicable, see sections 275 and 285 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 275, 285 of this title;
    title 10 sections 7421, 7435.
 
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    30 USC Sec. 183                                              01/05/99
 
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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.)
 
-CROSS-
                              CROSS REFERENCES
      Laws applicable, see sections 275 and 285 of this title.
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 275, 285 of this title;
    title 10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 184                                              01/05/99
 
-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 or permits, acreage; regulations
      (1) 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 forty-six thousand and eighty acres in any
    one State and in no case greater than an aggregate of one hundred
    thousand acres in the United States: Provided, That any person,
    association, or corporation currently holding, owning, or
    controlling more than an aggregate of one hundred thousand 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 one
    hundred thousand acres within the United States.
      (2) Repealed. Pub. L. 94-377, Sec. 11(b), Aug. 4, 1976, 90 Stat.
    1090.
    (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 fifteen thousand three hundred and sixty acres in
    any one State.
    (c) Phosphate leases, acreage
      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
    (FOOTNOTE 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 sand 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.
       (FOOTNOTE 1) So in original.  Probably should be followed by a
    colon.
      (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 (FOOTNOTE 2) by him.  The
    unenforcibility (FOOTNOTE 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.
       (FOOTNOTE 2) So in original.  Probably should be
    ''unenforceable''.
       (FOOTNOTE 3) So in original.  Probably should be
    ''unenforceability''.
    (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 any 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.
    (l) 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;
        (C) the Federal Trade Commission Act (15 U.S.C. 41 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, Sec. 11, 15, Aug. 4, 1976,
    90 Stat. 1090, 1091; Pub. L. 97-78, Sec. 1(2), (5), Nov. 16, 1981,
    95 Stat. 1070.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The date of enactment of this section, referred to in subsec.
    (a)(1), 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, as
    amended, known as the Robinson-Patman Anti-discrimination Act,
    which enacted sections 13a, 13b, and 21a of Title 15, 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.
 
-MISC3-
                                 AMENDMENTS
      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.
 
-MISC5-
                        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.
 
-CROSS-
                              CROSS REFERENCES
      Laws applicable, see sections 275 and 285 of this title.
      States authorized to consent to operation and development of
    lands acquired from United States under agreements for conservation
    of oil and gas resources, see section 184a of this title.
      Surrender of leases, see section 188a of this title.
 
-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.
 
-CITE-
    30 USC Sec. 184a                                             01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 185                                              01/05/99
 
-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.
    (c) Inter-agency coordination
      (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.
    (l) 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.
    (o) 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
        (C) whether exports of this oil are likely to cause sustained
      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 section 802 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, Sec. 301(b), 306, title IV, Sec. 402(a),
    (b), title VII, Sec. 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.
 
-MISC2-
                                 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,
    Sec. 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).
 
-MISC5-
              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 provided that:
      ''(a) Review. - The Comptroller General of the United States
    shall conduct 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. The Comptroller
    General shall commence this review three years after the date of
    enactment of this Act (Nov. 28, 1995) and, within twelve months
    after commencing the review, shall provide a report to the
    Committee on Energy and Natural Resources of the Senate and the
    Committee on Resources and the Committee on Commerce of the House
    of Representatives.
      ''(b) Contents of Report. - The report shall contain a statement
    of the principal findings of the review and 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 the Comptroller General attributes 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.
 
-CROSS-
                              CROSS REFERENCES
      Laws applicable, see sections 275 and 285 of this title.
 
-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.
 
-CITE-
    30 USC Sec. 186                                              01/05/99
 
-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.)
 
-CROSS-
                              CROSS REFERENCES
      Laws applicable, see sections 275 and 285 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 275, 285 of this title;
    title 10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 187                                              01/05/99
 
-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''.
 
-CROSS-
                              CROSS REFERENCES
      Laws applicable, see sections 275 and 285 of this title.
      Surrender of leases, see section 188a of this title.
 
-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.
 
-CITE-
    30 USC Sec. 187a                                             01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 187b                                             01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 188                                              01/05/99
 
-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.
    (c) Reinstatement
      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 (FOOTNOTE 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;
       (FOOTNOTE 1) So in original.  Probably should be ''royalty''.
        (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
    Register of the notice of proposed reinstatement.
    (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 the 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, Sec. 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, Sec. 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.
 
-MISC2-
                                 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.
 
-MISC4-
                             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.
 
-CROSS-
                              CROSS REFERENCES
      Laws applicable, see sections 275 and 285 of this title.
      Surrender of leases, see section 188a of this title.
 
-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.
 
-CITE-
    30 USC Sec. 188a                                             01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 189                                              01/05/99
 
-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.
 
-MISC5-
       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.
 
-CROSS-
                              CROSS REFERENCES
      Laws applicable, see sections 275 and 285 of this title.
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 275, 285 of this title;
    title 10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 190                                              01/05/99
 
-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.)
 
-CROSS-
                              CROSS REFERENCES
      Laws applicable, see sections 275 and 285 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 275, 285 of this title;
    title 10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 191                                              01/05/99
 
-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)(1) In calculating the amount to be paid to States during any
    fiscal year under this section or under any other provision of law
    requiring payment to a State of any revenues derived from 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 chapter or of geothermal steam, 50 percent of
    the portion of the enacted appropriation 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 chapter or of geothermal steam, and to
    enforcement of such laws, shall be deducted from the receipts
    derived under those laws in approximately equal amounts each month
    (subject to paragraph (4)) prior to the division and distribution
    of such receipts between the States and the United States.
      (2) The proportion of the deduction provided in paragraph (1)
    allocable to each State shall be determined by dividing the monies
    disbursed to the State during the preceding fiscal year derived
    from onshore mineral leasing referred to in paragraph (1) in that
    State by the total money disbursed to States during the preceding
    fiscal year from such onshore mineral leasing in all States.
      (3) In the event the deduction apportioned to any State under
    this subsection exceeds 50 percent of the Secretary of the
    Interior's estimate of the amounts attributable to onshore mineral
    leasing referred to in paragraph (1) within that State during the
    preceding fiscal year, the deduction from receipts received from
    leases in that State shall be limited to such estimated amounts and
    the total amount to be deducted from such onshore mineral leasing
    receipts shall be reduced accordingly.
      (4) If the amount otherwise deductible under this subsection in
    any month from the portion of receipts to be distributed to a State
    exceeds the amount payable to the State during that month, any
    amount exceeding the amount payable shall be carried forward and
    deducted from amounts payable to the State in subsequent months.
    If any amount remains to be carried forward at the end of the
    fiscal year, such amount shall not be deducted from any
    disbursements in any subsequent fiscal year.
      (5) All deductions to be made pursuant to this subsection shall
    be made in full during the fiscal year in which such deductions
    were incurred.
 
-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, Sec.
    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, Sec. 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.)
 
-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.
 
-MISC3-
                                 AMENDMENTS
      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, Sec. 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.
     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.
 
-CROSS-
                              CROSS REFERENCES
      Laws applicable, see sections 275 and 285 of this title.
      Naval petroleum reserves, see section 7421 et seq. of Title 10,
    Armed Forces.
 
-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.
 
-CITE-
    30 USC Sec. 191a                                             01/05/99
 
-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.
    (c) Prohibition against recoupment
      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.
 
-CITE-
    30 USC Sec. 191b                                             01/05/99
 
-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.
 
-MISC3-
                             SIMILAR PROVISIONS
      Similar provisions were contained in the following prior
    appropriation act:
      Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2508.
 
-CITE-
    30 USC Sec. 192                                              01/05/99
 
-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.
 
-CROSS-
                              CROSS REFERENCES
      Laws applicable, see sections 275 and 285 of this title.
 
-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.
 
-CITE-
    30 USC Sec. 192a                                             01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 192b                                             01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 192c                                             01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 193                                              01/05/99
 
-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.
 
-MISC3-
                                 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.
 
-CROSS-
                              CROSS REFERENCES
      Laws applicable, see sections 275 and 285 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 275, 285 of this title;
    title 10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 193a                                             01/05/99
 
-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.
 
-MISC3-
                                 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.
 
-CITE-
    30 USC Sec. 194                                              01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 195                                              01/05/99
 
-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;
          (C) the ability of any person to obtain leases under this
        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.
    (c) Civil actions
      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 (c) of this section.
      (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.)
 
-CITE-
    30 USC Sec. 196                                              01/05/99
 
-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.
 
-CITE-
    30 USC SUBCHAPTER II - COAL                                  01/05/99
 
-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL
    .
 
-HEAD-
    SUBCHAPTER II - COAL
 
-CITE-
    30 USC Sec. 201                                              01/05/99
 
-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.
      (C) Prior to issuance of any coal lease, the Secretary shall
    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,
    (FOOTNOTE 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.
       (FOOTNOTE 1) So in original.  Probably should be
    ''geophysical,''.
      (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, Sec. 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.
    (c) of section 2 of act Feb. 25, 1920, is classified to section 202
    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.
 
-MISC3-
                                 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.
 
-MISC5-
        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.
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-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.
 
-CITE-
    30 USC Sec. 201-1                                            01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 201a                                             01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 201b                                             01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 202                                              01/05/99
 
-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.
 
-MISC3-
                                 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.
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 208 of this title; title
    10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 202a                                             01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 203                                              01/05/99
 
-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.
 
-MISC2-
                                 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.
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-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.
 
-CITE-
    30 USC Sec. 204                                              01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 205                                              01/05/99
 
-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.)
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 208 of this title; title
    10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 206                                              01/05/99
 
-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.)
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 208 of this title; title
    10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 207                                              01/05/99
 
-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.
    (c) Operation and reclamation plan
      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).
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-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.
 
-CITE-
    30 USC Sec. 208                                              01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 208-1                                            01/05/99
 
-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.
    (c) Exploratory drilling by party not under contract to United
        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.
 
-CITE-
    30 USC Sec. 208-2                                            01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 208a                                             01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 209                                              01/05/99
 
-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. (FOOTNOTE 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.
       (FOOTNOTE 1) So in original.  The period probably should be a
    colon.
 
-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.
 
-CITE-
    30 USC SUBCHAPTER III - PHOSPHATES                           01/05/99
 
-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER III - PHOSPHATES
    .
 
-HEAD-
    SUBCHAPTER III - PHOSPHATES
 
-CITE-
    30 USC Sec. 211                                              01/05/99
 
-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.
    (c) Extension of term of 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.
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 213, 214 of this title;
    title 10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 212                                              01/05/99
 
-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.
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 213, 214 of this title;
    title 10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 213                                              01/05/99
 
-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.
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 214 of this title; title
    10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 214                                              01/05/99
 
-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.
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 213 of this title; title
    10 sections 7421, 7435.
 
-CITE-
    30 USC SUBCHAPTER IV - OIL AND GAS                           01/05/99
 
-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS
    .
 
-HEAD-
    SUBCHAPTER IV - OIL AND GAS
 
-CITE-
    30 USC Sec. 221 to 222i                                      01/05/99
 
-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS
 
-HEAD-
    Sec. 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.
 
-MISC3-
                  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.
 
-CITE-
    30 USC Sec. 223                                              01/05/99
 
-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.
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
      Suspension, waiver, or reduction of rents or royalties to promote
    development or operation; extension of lease on suspension of
    operations and production, see section 209 of this title.
 
-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.
 
-CITE-
    30 USC Sec. 223a                                             01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 224                                              01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 225                                              01/05/99
 
-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.
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 226                                              01/05/99
 
-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) (FOOTNOTE 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.
       (FOOTNOTE 1) So in original.  Probably should be subsection
    ''(k)(1)(C)''.
      (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.
      (C) Notwithstanding the consent requirement referenced in section
    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).
    (c) Lands subject to leasing under subsection (b); first qualified
        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.
    (l) 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 of 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.
      (C) When an existing oil and gas lease is converted to a combined
    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.
    (o) 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.
        (C) A plan of operations, of an interim character if necessary,
      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, Sec. 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 (Sec. 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.
 
-MISC2-
                                 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.
 
-MISC4-
                      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 (Sec. 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.
 
-MISC5-
                   PENDING APPLICATIONS, OFFERS, AND BIDS
      Section 5106 of Pub. L. 100-203 provided that:
      ''(a) Notwithstanding any other provision of this subtitle
    (subtitle B (Sec. 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 (Sec. 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.
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
      Wind River Indian Reservation oil or gas leases, see note set out
    under section 611 of Title 25, Indians.
 
-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.
 
-CITE-
    30 USC Sec. 226-1                                            01/05/99
 
-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.
    (c) Application requirement
      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.
 
-CITE-
    30 USC Sec. 226-2                                            01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 226-3                                            01/05/99
 
-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.
 
-MISC2-
                                 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.
 
-CITE-
    30 USC Sec. 226a, 226b                                       01/05/99
 
-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS
 
-HEAD-
    Sec. 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.
 
-CITE-
    30 USC Sec. 226c                                             01/05/99
 
-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.
 
-MISC3-
                             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.
 
-CITE-
    30 USC Sec. 226d, 226e                                       01/05/99
 
-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS
 
-HEAD-
    Sec. 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.
 
-CITE-
    30 USC Sec. 227                                              01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 228                                              01/05/99
 
-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 (FOOTNOTE 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.
       (FOOTNOTE 1) See References in Text note below.
      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.
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 229                                              01/05/99
 
-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.)
 
-CROSS-
                              CROSS REFERENCES
      Lands withdrawn or classified as mineral, see section 121 of this
    title.
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 229a                                             01/05/99
 
-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.
    (c) Disposition
      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 provisions 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.
 
-CITE-
    30 USC Sec. 230 to 233                                       01/05/99
 
-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS
 
-HEAD-
    Sec. 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.
 
-CITE-
    30 USC Sec. 233a                                             01/05/99
 
-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 (FOOTNOTE 1) of this title.
       (FOOTNOTE 1) See References in Text note below.
 
-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.
 
-CITE-
    30 USC Sec. 234 to 236                                       01/05/99
 
-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS
 
-HEAD-
    Sec. 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.
 
-CITE-
    30 USC Sec. 236a                                             01/05/99
 
-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, (FOOTNOTE 1) 223, 223a, (FOOTNOTE
    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.
       (FOOTNOTE 1) See References in Text note below.
 
-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.
 
-CROSS-
                              CROSS REFERENCES
      Jurisdiction over naval petroleum reserves, see section 7421 of
    Title 10, Armed Forces.
 
-CITE-
    30 USC Sec. 236b                                             01/05/99
 
-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.
 
-MISC3-
                                 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.
 
-CROSS-
                              CROSS REFERENCES
      Cooperative or unit plans in the naval petroleum reserves, see
    section 7427 of Title 10, Armed Forces.
 
-CITE-
    30 USC Sec. 237                                              01/05/99
 
-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS
 
-HEAD-
    Sec. 237. Delinquent royalty accounts under leases regulating
        development of oil and gas on Federal lands; recommendations
        for corrective action
 
-STATUTE-
      As soon as feasible and no later than ninety days after September
    18, 1978, and annually thereafter, the Secretary of the Interior
    shall submit a report or reports to the Congress describing the
    extent, during the two-year period preceding such report, of
    delinquent royalty accounts under leases issued under any Act which
    regulates the development of oil and gas on Federal lands, and what
    new auditing, post-auditing, and accounting procedures have been
    adopted to assure accurate and timely payment of royalties and net
    profit shares.  Such report or reports shall include any
    recommendations for corrective action which the Secretary of the
    Interior determines to be appropriate.
 
-SOURCE-
    (Pub. L. 95-372, title VI, Sec. 602, Sept. 18, 1978, 92 Stat. 694.)
 
-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.
 
-CITE-
    30 USC SUBCHAPTER V - OIL SHALE                              01/05/99
 
-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER V - OIL SHALE
    .
 
-HEAD-
    SUBCHAPTER V - OIL SHALE
 
-CITE-
    30 USC Sec. 241                                              01/05/99
 
-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.
    (c) (FOOTNOTE 1) Multiple use principal leases; gilsonite including
        all vein-type solid hydrocarbons
       (FOOTNOTE 1) Two subsecs. (c) have been enacted.
      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.
    (c) (FOOTNOTE 1) Offsite leases
      (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)
    (FOOTNOTE 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.
       (FOOTNOTE 2) So in original.  Probably should be subsection
    ''(c)''.
      (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
    Register the reasons for his determination to accept or reject such
    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.
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 242                                              01/05/99
 
-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.
    (c) Patent
      (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.
 
-CITE-
    30 USC SUBCHAPTER VI - ALASKA OIL PROVISO                    01/05/99
 
-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER VI - ALASKA OIL PROVISO
    .
 
-HEAD-
    SUBCHAPTER VI - ALASKA OIL PROVISO
 
-CITE-
    30 USC Sec. 251                                              01/05/99
 
-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.
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 10 sections 7421, 7435.
 
-CITE-
    30 USC SUBCHAPTER VII - SODIUM                               01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 261                                              01/05/99
 
-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.''
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 262 of this title; title
    10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 262                                              01/05/99
 
-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.
 
-MISC2-
                                 AMENDMENTS
      1928 - Act Dec. 11, 1928, amended section generally.
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 10 sections 7421, 7435.
 
-CITE-
    30 USC Sec. 263                                              01/05/99
 
-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.)
 
-CROSS-
                              CROSS REFERENCES
      Surrender of leases, see section 188a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 10 sections 7421, 7435.
 
-CITE-
    30 USC SUBCHAPTER VIII - SULPHUR                             01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 271                                              01/05/99
 
-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 lands 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.
 
-MISC3-
                                 AMENDMENTS
      1932 - Act July 16, 1932, substituted ''States of Louisiana and
    New Mexico'' for ''State of Louisiana''.
 
-CITE-
    30 USC Sec. 272                                              01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 273                                              01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 274                                              01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 275                                              01/05/99
 
-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 (FOOTNOTE 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.
       (FOOTNOTE 1) See References in Text note below.
 
-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.
 
-CITE-
    30 USC Sec. 276                                              01/05/99
 
-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.
 
-MISC3-
                                 AMENDMENTS
      1932 - Act July 16, 1932, substituted ''States of Louisiana and
    New Mexico'' for ''State of Louisiana''.
 
-CITE-
    30 USC SUBCHAPTER IX - POTASH                                01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 281                                              01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 282                                              01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 283                                              01/05/99
 
-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 that 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.
 
-MISC3-
                                 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.
 
-CITE-
    30 USC Sec. 284                                              01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 285                                              01/05/99
 
-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 (FOOTNOTE 1) of this title, are made applicable
    to permits and leases under this subchapter.
       (FOOTNOTE 1) See References in Text note below.
 
-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.
 
-MISC3-
                                 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.
 
-CITE-
    30 USC Sec. 286                                              01/05/99
 
-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.
 
-CITE-
    30 USC Sec. 287                                              01/05/99
 
-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.


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