-CITE- 30 USC CHAPTER 3A - LEASES AND PROSPECTING PERMITS 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 3A - LEASES AND PROSPECTING PERMITS -HEAD- CHAPTER 3A - LEASES AND PROSPECTING PERMITS -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 181. Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved. 182. Lands disposed of with reservation of deposits of coal, etc. 183. Cancellation of prospecting permits. 184. Limitations on leases held, owned or controlled by persons, associations or corporations. (a) Coal leases. (b) Sodium leases or permits, acreage. (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. (a) In general. (b) Administrative costs. (c) Rentals received on or after August 8, 2005. 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) Leases. (b) Exploration. 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 lands or deposits. (a) In general. (b) Terms and conditions. (c) Royalties. 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) Bidding process; annual rental; posting period. (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. (p) Deadlines for consideration of applications for permits. 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. Omitted. SUBCHAPTER V - OIL SHALE 241. Leases of lands. (a) In general. (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. -End- -CITE- 30 USC SUBCHAPTER I - GENERAL PROVISIONS 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 3A - LEASES AND PROSPECTING PERMITS SUBCHAPTER I - GENERAL PROVISIONS -HEAD- SUBCHAPTER I - GENERAL PROVISIONS -End- -CITE- 30 USC Sec. 181 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 3A - LEASES AND PROSPECTING PERMITS SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 181. Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved -STATUTE- Deposits of coal, phosphate, sodium, potassium, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons), or gas, and lands containing such deposits owned by the United States, including those in national forests, but excluding lands acquired under the Appalachian Forest Act, approved March 1, 1911 (36 Stat. 961), and those in incorporated cities, towns, and villages and in national parks and monuments, those acquired under other Acts subsequent to February 25, 1920, and lands within the naval petroleum and oil-shale reserves, except as hereinafter provided, shall be subject to disposition in the form and manner provided by this chapter to citizens of the United States, or to associations of such citizens, or to any corporation organized under the laws of the United States, or of any State or Territory thereof, or in the case of coal, oil, oil shale, or gas, to municipalities. Citizens of another country, the laws, customs, or regulations of which deny similar or like privileges to citizens or corporations of this country, shall not by stock ownership, stock holding, or stock control, own any interest in any lease acquired under the provisions of this chapter. The term "oil" shall embrace all nongaseous hydrocarbon substances other than those substances leasable as coal, oil shale, or gilsonite (including all vein-type solid hydrocarbons). The term "combined hydrocarbon lease" shall refer to a lease issued in a special tar sand area pursuant to section 226 of this title after November 16, 1981. The term "special tar sand area" means (1) an area designated by the Secretary of the Interior's orders of November 20, 1980 (45 FR 76800-76801) and January 21, 1981 (46 FR 6077-6078) as containing substantial deposits of tar sand. The United States reserves the ownership of and the right to extract helium from all gas produced from lands leased or otherwise granted under the provisions of this chapter, under such rules and regulations as shall be prescribed by the Secretary of the Interior: Provided further, That in the extraction of helium from gas produced from such lands it shall be so extracted as to cause no substantial delay in the delivery of gas produced from the well to the purchaser thereof. -SOURCE- (Feb. 25, 1920, ch. 85, Sec. 1, 41 Stat. 437; Feb. 7, 1927, ch. 66, Sec. 5, 44 Stat. 1058; Aug. 8, 1946, ch. 916, Sec. 1, 60 Stat. 950; Pub. L. 86-705, Sec. 7(a), Sept. 2, 1960, 74 Stat. 790; Pub. L. 97- 78, Sec. 1(1), (4), Nov. 16, 1981, 95 Stat. 1070.) -REFTEXT- REFERENCES IN TEXT The Appalachian Forest Act, referred to in the first undesignated paragraph, is act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended, also known as the Weeks Law, which is classified to sections 480, 500, 513 to 519, 521, 552 and 563 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 552 of Title 16 and Tables. -MISC1- AMENDMENTS 1981 - Pub. L. 97-78, in first par., substituted "gilsonite (including all vein-type solid hydrocarbons)," for "native asphalt, solid and semisolid bitumen, and bituminous rock (including oil- impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried)", and added, after first par. three paragraphs which defined "oil", "combined hydrocarbon lease", and "special tar sand area", respectively. 1960 - Pub. L. 86-705 included deposits of native asphalt, solid and semisolid bitumen, and bituminous rock. 1946 - Act Aug. 8, 1946, reenacted: existing par., less three provisos, as first sentence of first par., inserting "potassium" after "sodium", which was also included in the 1927 amendment, and substituting provision for disposition of deposits "in incorporated cities, towns, and villages, and in national parks and monuments, those acquired under other Acts subsequent to February 25, 1920, and lands within the naval petroleum and oil-shale reserves" for such disposition "in national parks, and in lands withdrawn or reserved for military or naval uses or purposes" and phrase "associations of such citizens" for "any association of such persons"; former third proviso as second sentence of first par.; former first proviso, as second par., inserting reservation of ownership provision and striking out "permitted" before "leased or otherwise granted"; and former second proviso as proviso in second par. 1927 - Act Feb. 7, 1927, included deposits of potassium. SHORT TITLE OF 2000 AMENDMENTS Pub. L. 106-463, Sec. 1, Nov. 7, 2000, 114 Stat. 2010, provided that: "This Act [amending section 184 of this title and enacting provisions set out as a note under section 184 of this title] may be cited as the 'Coal Market Competition Act of 2000'." Pub. L. 106-393, title V, Sec. 501, Oct. 30, 2000, 114 Stat. 1624, provided that: "This title [amending section 191 of this title and enacting provisions set out as a note under section 191 of this title] may be cited as the 'Mineral Revenue Payments Clarification Act of 2000'." SHORT TITLE OF 1987 AMENDMENT Pub. L. 100-203, title V, Sec. 5101(a), Dec. 22, 1987, 101 Stat. 1330-256, provided that: "This subtitle [subtitle B (Secs. 5101- 5113) of Pub. L. 100-203, enacting sections 195 and 226-3 of this title, amending sections 187a, 187b, 188, 191, and 226 of this title and section 3148 of Title 16, Conservation, and enacting provisions set out as notes under this section and section 226 of this title] may be cited as the 'Federal Onshore Oil and Gas Leasing Reform Act of 1987'." SHORT TITLE OF 1981 AMENDMENT Pub. L. 97-78, Nov. 16, 1981, 95 Stat. 1070, which amended this section and sections 182, 184, 209, 226, 241, 351, and 352 of this title and enacted provisions set out as a note under this section, is popularly known as the "Combined Hydrocarbon Leasing Act of 1981". SHORT TITLE OF 1976 AMENDMENT Pub. L. 94-377, Sec. 1(a), Aug. 4, 1976, 90 Stat. 1083, as amended by Pub. L. 95-554, Sec. 8, Oct. 30, 1978, 92 Stat. 2075, provided that: "This Act [enacting sections 202a, 208-1, and 208-2 of this title, amending sections 184, 191, 201, 203, 207, 209, and 352 of this title, repealing sections 201-1 and 204 of this title, and enacting provisions set out as notes under sections 184, 201, 201-1, 203, and 204 of this title] may be cited as the 'Federal Coal Leasing Amendments Act of 1976'." SHORT TITLE OF 1960 AMENDMENT Section 1 of Pub. L. 86-705 provided: "That this Act [amending this section and sections 182, 184, 187a, 226, 226-1, 226-2, and 241 of this title, and enacted provisions set out as notes under sections 187a and 226 of this title] may be cited as the 'Mineral Leasing Act Revision of 1960'." SHORT TITLE Act Feb. 25, 1920, ch. 85, Sec. 44, as added Dec. 22, 1987, Pub. L. 100-203, title V, Sec. 5113, 101 Stat. 1330-263, provided that: "This Act [enacting this chapter] may be cited as the 'Mineral Leasing Act'." This chapter is also popularly known as the "Mineral Leasing Act of 1920" and the "Mineral Lands Leasing Act". SAVINGS PROVISION Provisions of Federal Land Policy and Management Act of 1976, Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, not to be construed as permitting any person to place, or allow to be placed, spent oil shale, etc., on any Federal land other than land leased for the recovery of shale oil under the act of Feb. 25, 1920, section 181 et seq. of this title, see section 701(d) of Pub. L. 94-579, set out as a note under section 1701 of Title 43, Public Lands. Section 15 of act Aug. 8, 1946, provided: "No repeal or amendment made by this Act [enacting sections 187a, 187b, 226c-226e, and 236b, amending this section and sections 184, 188, 193, 209, 225, 226, and 285, and repealing sections 223a, 226a, and 226b of this title] shall affect any right acquired under the law as it existed prior to such repeal or amendment, and such right shall be governed by the law in effect at the time of its acquisition; but any person holding a lease on the effective date of this Act [Aug. 8, 1946] may, by filing a statement to that effect, elect to have his lease governed by the applicable provisions of this Act instead of by the law in effect prior thereto." CONSTRUCTION AND APPLICABILITY OF 1981 AMENDMENTS Section 1(10), (11) of Pub. L. 97-78 provided that: "(10) Nothing in this Act [see Short Title of 1981 Amendment note above] shall affect the taxable status of production from tar sand under the Crude Oil Windfall Profit Tax Act of 1980 (Public Law 96- 223) [see Tables for classification], reduce the depletion allowance for production from tar sand, or otherwise affect the existing tax status applicable to such production. "(11) No provision of this Act [see Short Title of 1981 Amendment note above] shall apply to national parks, national monuments, or other lands where mineral leasing is prohibited by law. The Secretary of the Interior shall apply the provisions of this Act to the Glen Canyon National Recreation Area, and to any other units of the national park system where mineral leasing is permitted, in accordance with any applicable minerals management plan if the Secretary finds that there will be no resulting significant adverse impacts on the administration of such area, or on other contiguous units of the national park system." ADMISSION OF ALASKA AS STATE: SELECTION OF LANDS Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. Selection of lands by Alaska from lands made available by Statehood provisions including lands subject to leases, permits, licenses or contracts issued under this chapter, see section 6(h) of Pub. L. 85-508, set out as note preceding section 21 of Title 48. OUTER CONTINENTAL SHELF; MINERAL LEASES Grant by the Secretary of the Interior of mineral leases on submerged lands of outer Continental Shelf, see section 1331 et seq., of Title 43, Public Lands. -End- -CITE- 30 USC Sec. 182 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 3A - LEASES AND PROSPECTING PERMITS SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 182. Lands disposed of with reservation of deposits of coal, etc. -STATUTE- The provisions of this chapter shall also apply to all deposits of coal, phosphate, sodium, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons), or gas in the lands of the United States, which lands may have been or may be disposed of under laws reserving to the United States such deposits, with the right to prospect for, mine, and remove the same, subject to such conditions as are or may hereafter be provided by such laws reserving such deposits. -SOURCE- (Feb. 25, 1920, ch. 85, Sec. 34, 41 Stat. 450; Pub. L. 86-705, Sec. 7(a), Sept. 2, 1960, 74 Stat. 790; Pub. L. 97-78, Sec. 1(1), Nov. 16, 1981, 95 Stat. 1070.) -MISC1- AMENDMENTS 1981 - Pub. L. 97-78 substituted "gilsonite (including all vein- type solid hydrocarbons)," for "native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried)". 1960 - Pub. L. 86-705 included native asphalt, solid and semisolid bitumen, and bituminous rock. -End- -CITE- 30 USC Sec. 183 01/02/2006 -EXPCITE- 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.) -End- -CITE- 30 USC Sec. 184 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 3A - LEASES AND PROSPECTING PERMITS SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 184. Limitations on leases held, owned or controlled by persons, associations or corporations -STATUTE- (a) Coal leases No person, association, or corporation, or any subsidiary, affiliate, or persons controlled by or under common control with such person, association, or corporation shall take, hold, own or control at one time, whether acquired directly from the Secretary under this chapter or otherwise, coal leases or permits on an aggregate of more than 75,000 acres in any one State and in no case greater than an aggregate of 150,000 acres in the United States: Provided, That any person, association, or corporation currently holding, owning, or controlling more than an aggregate of 150,000 acres in the United States on the date of enactment of this section shall not be required on account of this section to relinquish said leases or permits: Provided, further, That in no case shall such person, association, or corporation be permitted to take, hold, own, or control any further Federal coal leases or permits until such time as their holdings, ownership, or control of Federal leases or permits has been reduced below an aggregate of 150,000 acres within the United States. (b) Sodium leases or permits, acreage (1) No person, association, or corporation, except as otherwise provided in this subsection, shall take, hold, own, or control at one time, whether acquired directly from the Secretary under this chapter, or otherwise, sodium leases or permits on an aggregate of more than five thousand one hundred and twenty acres in any one State. (2) The Secretary may, in his discretion, where the same is necessary in order to secure the economic mining of sodium compounds leasable under this chapter, permit a person, association, or corporation to take or hold sodium leases or permits on up to 30,720 acres in any one State. (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 (!1) Provided, however, That acreage held in special tar sand areas, and acreage under any lease any portion of which has been committed to a federally approved unit or cooperative plan or communitization agreement or for which royalty (including compensatory royalty or royalty in-kind) was paid in the preceding calendar year, shall not be chargeable against such State limitations. In the case of the State of Alaska, the limit shall be three hundred thousand acres in the northern leasing district and three hundred thousand acres in the southern leasing district, and the boundary between said two districts shall be the left limit of the Tanana River from the border between the United States and Canada to the confluence of the Tanana and Yukon Rivers, and the left limit of the Yukon River from said confluence to its principal southern mouth. (2) No person, association, or corporation shall take, hold, own, or control at one time options to acquire interests in oil or gas leases under the provisions of this chapter which involve, in the aggregate, more than two hundred thousand acres of land in any one State other than Alaska, or, in the case of Alaska, more than two hundred thousand acres in each of its two leasing districts, as hereinbefore described. No option to acquire any interest in such an oil or gas lease shall be enforcible if entered into for a period of more than three years (which three years shall be inclusive of any renewal period if a right to renew is reserved by any party to the option) without the prior approval of the Secretary. In any case in which an option to acquire the optionor's entire interest in the whole or a part of the acreage under a lease is entered into, the acreage to which the option is applicable shall be charged both to the optionor and to the optionee, but the charge to the optionor shall cease when the option is exercised. In any case in which an option to acquire a part of the optionor's interest in the whole or a part of the acreage under a lease is entered into, the acreage to which the option is applicable shall be fully charged to the optionor and a share thereof shall also be charged to the optionee, as his interest may appear, but after the option is exercised said acreage shall be charged to the parties pro rata as their interests may appear. In any case in which an assignment is made of a part of a lessee's interest in the whole or part of the acreage under a lease or an application for a lease, the acreage shall be charged to the parties pro rata as their interests may appear. No option or renewal thereof shall be enforcible until notice thereof has been filed with the Secretary or an officer or employee of the Department of the Interior designated by him to receive the same. Each such notice shall include, in addition to any other matters prescribed by the Secretary, the names and addresses of the parties thereto, the serial number of the lease or application for a lease to which the option is applicable, and a statement of the number of acres covered thereby and of the interests and obligations of the parties thereto and shall be subscribed by all parties to the option or their duly authorized agents. An option which has not been exercised shall remain charged as hereinbefore provided until notice of its relinquishment or surrender has been filed, by either party, with the Secretary or any officer or employee of the Department of the Interior designated by him to receive the same. In addition, each holder of any such option shall file with the Secretary or an officer or employee of the Department of the Interior as aforesaid within ninety days after the 30th day of June and the 31st day of December in each year a statement showing, in addition to any other matters prescribed by the Secretary, his name, the name and address of each grantor of an option held by him, the serial number of every lease or application for a lease to which such an option is applicable, the number of acres covered by each such option, the total acreage in each State to which such options are applicable, and his interest and obligation under each such option. The failure of the holder of an option so to file shall render the option unenforcible (!2) by him. The unenforcibility (!3) of any option under the provisions of this paragraph shall not diminish the number of acres deemed to be held under option by any person, association, or corporation in computing the amount chargeable under the first sentence of this paragraph and shall not relieve any party thereto of any liability to cancellation, forfeiture, forced disposition, or other sanction provided by law. The Secretary may prescribe forms on which the notice and statements required by this paragraph shall be made. (e) Association or stockholder interests, conditions; combined interests (1) No person, association, or corporation shall take, hold, own or control at one time any interest as a member of an association or as a stockholder in a corporation holding a lease, option, or permit under the provisions of this chapter which, together with the area embraced in any direct holding, ownership or control by him of such a lease, option, or permit or any other interest which he may have as a member of other associations or as a stockholder in other corporations holding, owning or controlling such leases, options, or permits for any kind of minerals, exceeds in the aggregate an amount equivalent to the maximum number of acres of the respective kinds of minerals allowed to any one lessee, optionee, or permittee under this chapter, except that no person shall be charged with his pro rata share of any acreage holdings of any association or corporation unless he is the beneficial owner of more than 10 per centum of the stock or other instruments of ownership or control of such association or corporation, and except that within three years after September 2, 1960 no valid option in existence prior to September 2, 1960 held by a corporation or association on September 2, 1960 shall be chargeable to any stockholder of such corporation or to a member of such association so long as said option shall be so held by such corporation or association under the provisions of this chapter. (2) No contract for development and operation of any lands leased under this chapter, whether or not coupled with an interest in such lease, and no lease held, owned, or controlled in common by two or more persons, associations, or corporations shall be deemed to create a separate association under the preceding paragraph of this subsection between or among the contracting parties or those who hold, own or control the lease in common, but the proportionate interest of each such party shall be charged against the total acreage permitted to be held, owned or controlled by such party under this chapter. The total acreage so held, owned, or controlled in common by two or more parties shall not exceed, in the aggregate, an amount equivalent to the maximum number of acres of the respective kinds of minerals allowed to any one lessee, optionee, or permittee under this chapter. (f) Limitations on other sections; combined interests permitted for certain purposes Nothing contained in subsection (e) of this section shall be construed (i) to limit sections 227, 228, 251 of this title or (ii), subject to the approval of the Secretary, to prevent any number of lessees under this chapter from combining their several interests so far as may be necessary for the purpose of constructing and carrying on the business of a refinery or of establishing and constructing, as a common carrier, a pipeline or railroad to be operated and used by them jointly in the transportation of oil from their several wells or from the wells of other lessees under this chapter or in the transportation of coal or (iii) to increase the acreage which may be taken, held, owned, or controlled under this section. (g) Forbidden interests acquired by descent, will, judgment, or decree; permissible holding period Any ownership or interest otherwise forbidden in this chapter which may be acquired by descent, will, judgment, or decree may be held for two years after its acquisition and no longer. (h) Cancellation, forfeiture, or disposal of interests for violation; bona fide purchasers and other valid interests; sale by Secretary; record of proceedings (1) If any interest in any lease is owned, or controlled, directly or indirectly, by means of stock or otherwise, in violation of any of the provisions of this chapter, the lease may be canceled, or the interest so owned may be forfeited, or the person so owning or controlling the interest may be compelled to dispose of the interest, in any appropriate proceeding instituted by the Attorney General. Such a proceeding shall be instituted in the United States district court for the district in which the leased property or some part thereof is located or in which the defendant may be found. (2) The right to cancel or forfeit for violation of any of the provisions of this chapter shall not apply so as to affect adversely the title or interest of a bona fide purchaser of any lease, interest in a lease, option to acquire a lease or an interest therein, or permit which lease, interest, option, or permit was acquired and is held by a qualified person, association, or corporation in conformity with those provisions, even though the holdings of the person, association, or corporation from which the lease, interest, option, or permit was acquired, or of his predecessor in title (including the original lessee of the United States) may have been canceled or forfeited or may be or may have been subject to cancellation or forfeiture for any such violation. If, in any such proceeding, an underlying lease, interest, option, or permit is canceled or forfeited to the Government and there are valid interests therein or valid options to acquire the lease or an interest therein which are not subject to cancellation, forfeiture, or compulsory disposition, the underlying lease, interest, option, or permit shall be sold by the Secretary to the highest responsible qualified bidder by competitive bidding under general regulations subject to all outstanding valid interests therein and valid options pertaining thereto. Likewise if, in any such proceeding, less than the whole interest in a lease, interest, option, or permit is canceled or forfeited to the Government, the partial interests so canceled or forfeited shall be sold by the Secretary to the highest responsible qualified bidder by competitive bidding under general regulations. If competitive bidding fails to produce a satisfactory offer the Secretary may, in either of these cases, sell the interest in question by such other method as he deems appropriate on terms not less favorable to the Government than those of the best competitive bid received. (3) The commencement and conclusion of every proceeding under this subsection shall be promptly noted on the appropriate public records of the Bureau of Land Management. (i) Bona fide purchasers, conditions for obtaining dismissals Effective September 21, 1959, any person, association, or corporation who is a party to any proceeding with respect to a violation of any provision of this chapter, whether initiated prior to said date or thereafter, shall have the right to be dismissed promptly as such a party upon showing that he holds and acquired as a bona fide purchaser the interest involving him as such a party without violating any provisions of this chapter. No hearing upon any such showing shall be required unless the Secretary presents prima facie evidence indicating a possible violation of this chapter on the part of the alleged bona fide purchaser. (j) Waiver or suspension of rights If during any such proceeding, a party thereto files with the Secretary a waiver of his rights under his lease (including particularly, where applicable, rights to drill and to assign) or if such rights are suspended by the Secretary pending a decision in the proceeding, whether initiated prior to enactment of this chapter or thereafter, payment of rentals and running of time against the term of the lease or leases involved shall be suspended as of the first day of the month following the filing of the waiver or suspension of the rights until the first day of the month following the final decision in the proceeding or the revocation of the waiver or suspension. (k) Unlawful trusts; forfeiture Except as otherwise provided in this chapter, if any lands or deposits subject to the provisions of this chapter shall be subleased, trusteed, possessed, or controlled by any device permanently, temporarily, directly, indirectly, tacitly, or in any manner whatsoever, so that they form a part of or are in any wise controlled by any combination in the form of an unlawful trust, with the consent of the lessee, optionee, or permittee, or form the subject of any contract or conspiracy in restraint of trade in the mining or selling of coal, phosphate, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons), gas, or sodium entered into by the lessee, optionee, or permittee or any agreement or understanding, written, verbal, or otherwise, to which such lessee, optionee, or permittee shall be a party, of which his or its output is to be or become the subject, to control the price or prices thereof or of any holding of such lands by any individual, partnership, association, corporation, or control in excess of the amounts of lands provided in this chapter, the lease, option, or permit shall be forfeited by appropriate court proceedings. (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, Secs. 11, 15, Aug. 4, 1976, 90 Stat. 1090, 1091; Pub. L. 97-78, Sec. 1(2), (5), Nov. 16, 1981, 95 Stat. 1070; Pub. L. 106-191, Sec. 2, Apr. 28, 2000, 114 Stat. 232; Pub. L. 106-463, Sec. 3, Nov. 7, 2000, 114 Stat. 2011; Pub. L. 109- 58, title III, Sec. 352, Aug. 8, 2005, 119 Stat. 714.) -REFTEXT- REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (a), probably means the date of enactment of Pub. L. 94-377, which was Aug. 4, 1976. The Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies", approved July 2, 1890, as amended, referred to in subsec. (l)(4)(A), is act July 2, 1890, ch. 647, 26 Stat. 209, as amended, known as the Sherman Act, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables. The Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914, as amended, referred to in subsec. (l)(4)(B), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as the Clayton Act, and is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables. The Federal Trade Commission Act, referred to in subsec. (l)(4)(C), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables. Act of June 19, 1936, chapter 592, referred to in subsec. (l)(4)(E), is act June 19, 1936, ch. 592, 49 Stat. 1526, known as the Robinson-Patman Antidiscrimination Act and also as the Robinson- Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of Title 15, Commerce and Trade, and amended section 13 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 13 of Title 15 and Tables. -COD- CODIFICATION In subsec. (l)(2), "subchapter II of chapter 5 of title 5" substituted for "the Administrative Procedure Act" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 2005 - Subsec. (d)(1). Pub. L. 109-58 inserted ", and acreage under any lease any portion of which has been committed to a federally approved unit or cooperative plan or communitization agreement or for which royalty (including compensatory royalty or royalty in-kind) was paid in the preceding calendar year," after "acreage held in special tar sand areas". 2000 - Subsec. (a). Pub. L. 106-463 inserted heading, struck out "(1)" before "No person", substituted "75,000 acres" for "forty-six thousand and eighty acres", and substituted "150,000 acres" for "one hundred thousand acres" wherever appearing. Subsec. (b)(2). Pub. L. 106-191 substituted "30,720 acres" for "fifteen thousand three hundred and sixty acres". 1981 - Subsec. (d)(1). Pub. L. 97-78, Sec. 1(5), inserted proviso that acreage held in special tar sand areas not be chargeable against State limitations. Subsec. (k). Pub. L. 97-78, Sec. 1(2), substituted "gilsonite (including all vein-type solid hydrocarbons)" for "native asphalt, solid and semisolid bitumen, bituminous rock". 1976 - Subsec. (a)(1). Pub. L. 94-377, Sec. 11(a), inserted "or any subsidiary, affiliate, or persons controlled by or under common control with such person, association, or corporation" before "shall take, hold, own or control", "and in no case greater than an aggregate of one hundred thousand acres in the United States" after "in any one State," proviso relating to non-relinquishment of leases or permits by an entity owning or controlling more than an aggregate of one hundred thousand acres, and proviso prohibiting ownership or control of further Federal leases or permits until reduction to below an aggregate of one hundred thousand acres. Subsec. (a)(2). Pub. L. 94-377, Sec. 11(b), struck out par. (2) providing for application, hearing and granting of additional acreage, not to exceed 5120 acres in any one State, to a person, association or corporation requiring such extra acreage to carry on business economically, and the subsequent reevaluation of such entity's continuing need for such extra acreage. Subsec. (l). Pub. L. 94-377, Sec. 15, added subsec. (l). 1964 - Subsec. (a)(1). Pub. L. 88-526 struck out ", except as otherwise provided in this subsection," after "corporation" and increased aggregate number of acres from 10,240 to 46,080 acres. Subsec. (c). Pub. L. 88-548 increased aggregate number of acres from 10,240 to 20,480 acres. 1960 - Pub. L. 86-705 generally revised provisions and divided them into subsecs. (a) to (k). Other changes concerned: maximum acreage in Alaska, unreported options, their unenforceability, form for notice of options, party to give notice, inclusion of options in acreage determinations, charge of association or corporate holdings against principal stockholders, hearings requirement based upon prima facie evidence of violations, running of time against a lease and the payment of rentals during a waiver or suspension of a lessee's rights. Pub. L. 86-391 authorized issuance of phosphate permits. 1959 - Pub. L. 86-294 inserted provision that the right of cancellation or forfeiture for violations shall not apply so as to affect adversely the interest of a bona fide purchaser in a lease acquired in conformity with acreage limitations; that bona fide purchasers in such situations have the right to be dismissed as parties from proceedings; and that if a party to proceedings files waiver of rights to drill or assigns his interests, or if such rights are suspended pending decision, he shall, if he is not in violation of provisions, have the right to have his interest extended for a period of time equal to the period between filing of waiver or order of suspension and final decision, without payment of rental. 1958 - Pub. L. 85-698 increased limitation on acreage which may be taken or held under coal leases or permits in any one State from 5,120 to 10,240 acres, permitted applications for additional coal leases or permits not exceeding 5,120 additional acres in the State, provided for hearings on such applications, authorized reevaluation and cancellation of leases and permits for additional acreage, and prohibited assignment, transfer, or sale of any of the additional acreage without the Secretary's approval. 1957 - Pub. L. 85-122 struck out "or permits exceeding in the aggregate five thousand one hundred and twenty acres in any one State, and" after "phosphate leases" in second sentence. 1954 - Act Aug. 2, 1954, increased acreage that any one person can hold in the aggregate from fifteen thousand three hundred and sixty acres to forty-six thousand and eighty acres, increased number of acres that can be held under option from one hundred thousand acres to two hundred thousand acres, and extended terms of the option from 2 to 3 years. 1948 - Act June 1, 1948, substituted in second proviso "within two years after the passage of this Act" for "on or before August 8, 1950" in order to allow options to be exercised up to that time. Act June 3, 1948, increased aggregate acreage allowed one person, etc., from two thousand five hundred and sixty acres to five thousand one hundred and twenty acres of coal or sodium leases, and increased the aggregate acreage allowed one person, etc., from seven thousand six hundred and eighty acres to fifteen thousand three hundred and sixty acres of oil or gas leases. 1946 - Act Aug. 8, 1946, principally doubled amount of land that may be leased by any person or corporation in any one State and abolished former acreage limitation of 2,560 acres on one structure; excluded operating contracts and leases held in common from definition of "association"; inserted provisions relating to options; and omitted provisions relating to cooperative or unit plans and operating, drilling or development contracts. 1931 - Act Mar. 4, 1931, amended section generally. 1930 - Act July 3, 1930, amended section generally. 1926 - Act Apr. 30, 1926, amended section generally. EFFECTIVE DATE OF 1959 AMENDMENT Section 2 of Pub. L. 86-294 provided that: "The rights granted by the second and third sentences of the amendment contained within section 1 of this Act [amending this section to provide that holder of interest in lease has right to be dismissed from cancellation or forfeiture proceedings upon showing he acquired his interest as bona fide purchaser and without violation of provisions, and to provide right to have his lease extended if rights thereunder to drill and to assign are suspended or waived during such proceedings and it is determined he is not in violation of provisions] shall apply with respect to any proceeding now pending or initiated after the date of enactment of this Act [Sept. 21, 1959]." SAVINGS PROVISION See note set out under section 181 of this title. Section 11(b) of Pub. L. 94-377 provided in part that repeal by such section of subsec. (a)(2) of this section is subject to valid existing rights. -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Interior, referred to in subsec. (l), to promulgate regulations under this chapter relating to the fostering of competition for Federal leases, the implementation of alternative bidding systems authorized for the award of Federal leases, the establishment of diligence requirements for operations conducted on Federal leases, the setting of rates for production of Federal leases, and the specifying of the procedures, terms, and conditions for the acquisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by section 7152(b) of Title 42, The Public Health and Welfare. Section 7152(b) of Title 42 was repealed by Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of Energy returned to Secretary of the Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981. -MISC2- FINDINGS Pub. L. 106-463, Sec. 2, Nov. 7, 2000, 114 Stat. 2010, provided that: "Congress finds that - "(1) Federal land contains commercial deposits of coal, the Nation's largest deposits of coal being located on Federal land in Utah, Colorado, Montana, and the Powder River Basin of Wyoming; "(2) coal is mined on Federal land through Federal coal leases under the Act of February 25, 1920 (commonly known as the 'Mineral Leasing Act') (30 U.S.C. 181 et seq.); "(3) the sub-bituminous coal from these mines is low in sulfur, making it the cleanest burning coal for energy production; "(4) the Mineral Leasing Act sets for each leasable mineral a limitation on the amount of acreage of Federal leases any 1 producer may hold in any 1 State or nationally; "(5)(A) the present acreage limitation for Federal coal leases has been in place since 1976; "(B) currently the coal lease acreage limit of 46,080 acres per State is less than the per-State Federal lease acreage limit for potash (96,000 acres) and oil and gas (246,080 acres); "(6) coal producers in Wyoming and Utah are operating mines on Federal leaseholds that contain total acreage close to the coal lease acreage ceiling; "(7) the same reasons that Congress cited in enacting increases for State lease acreage caps applicable in the case of other minerals - the advent of modern mine technology, changes in industry economics, greater global competition, and the need to conserve Federal resources - apply to coal; "(8) existing coal mines require additional lease acreage to avoid premature closure, but those mines cannot relinquish mined- out areas to lease new acreage because those areas are subject to 10-year reclamation plans, and the reclaimed acreage is counted against the State and national acreage limits; "(9) to enable them to make long-term business decisions affecting the type and amount of additional infrastructure investments, coal producers need certainty that sufficient acreage of leasable coal will be available for mining in the future; and "(10) to maintain the vitality of the domestic coal industry and ensure the continued flow of valuable revenues to the Federal and State governments and of energy to the American public from coal production on Federal land, the Mineral Leasing Act should be amended to increase the acreage limitation for Federal coal leases." Pub. L. 106-191, Sec. 1, Apr. 28, 2000, 114 Stat. 231, provided that: "The Congress finds and declares that - "(1) The Federal lands contain commercial deposits of trona, with the world's largest body of this mineral located on such lands in southwestern Wyoming. "(2) Trona is mined on Federal lands through Federal sodium leases issued under the Mineral Leasing Act of 1920 [30 U.S.C. 181 et seq.]. "(3) The primary product of trona mining is soda ash (sodium carbonate), a basic industrial chemical that is used for glass making and a variety of consumer products, including baking soda, detergents, and pharmaceuticals. "(4) The Mineral Leasing Act [30 U.S.C. 181 et seq.] sets for each leasable mineral limitations on the amount of acreage of Federal leases any one producer may hold in any one State or nationally. "(5) The present acreage limitation for Federal sodium (trona) leases has been in place for over five decades, since 1948, and is the oldest acreage limitation in the Mineral Leasing Act. Over this time frame Congress and/or the BLM has revised acreage limits for other minerals to meet the needs of the respective industries. Currently, the sodium lease acreage limitation of 15,360 acres per State is approximately one-third of the per State Federal lease acreage cap for coal (46,080 acres) and potassium (51,200 acres) and one-sixteenth that of oil and gas (246,080 acres). "(6) Three of the four trona producers in Wyoming are operating mines on Federal leaseholds that contain total acreage close to the sodium lease acreage ceiling. "(7) The same reasons that Congress cited in enacting increases in other minerals' per State lease acreage caps apply to trona: the advent of modern mine technology, changes in industry economics, greater global competition, and need to conserve the Federal resource. "(8) Existing trona mines require additional lease acreage to avoid premature closure, and are unable to relinquish mined-out areas to lease new acreage because those areas continue to be used for mine access, ventilation, and tailings disposal and may provide future opportunities for secondary recovery by solution mining. "(9) Existing trona producers are having to make long term business decisions affecting the type and amount of additional infrastructure investments based on the certainty that sufficient acreage of leaseable [sic] trona will be available for mining in the future. "(10) To maintain the vitality of the domestic trona industry and ensure the continued flow of valuable revenues to the Federal and State governments and products to the American public from trona production on Federal lands, the Mineral Leasing Act should be amended to increase the acreage limitation for Federal sodium leases." ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. -FOOTNOTE- (!1) So in original. Probably should be followed by a colon. (!2) So in original. Probably should be "unenforceable". (!3) So in original. Probably should be "unenforceability". -End- -CITE- 30 USC Sec. 184a 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 3A - LEASES AND PROSPECTING PERMITS SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 184a. Authorization of States to include in agreements for conservation of oil and gas resources lands acquired from United States -STATUTE- Notwithstanding the provisions of any applicable grant, deed, patent, exchange, or law of the United States, any State owning lands or interests therein acquired by it from the United States may consent to the operation or development of such lands or interests, or any part thereof, under agreements approved by the Secretary of the Interior made jointly or severally with lessees or permittees of lands or mineral deposits of the United States or others, for the purpose of more properly conserving the oil and gas resources within such State. Such agreements may provide for the cooperative or unit operation or development of part or all of any oil or gas pool, field, or area; for the allocation of production and the sharing of proceeds from the whole or any specified part thereof regardless of the particular tract from which production is obtained or proceeds are derived; and, with the consent of the State, for the modification of the terms and provisions of State leases for lands operated and developed thereunder, including the term of years for which said leases were originally granted, to conform said leases to the terms and provisions of such agreements: Provided, That nothing in this section contained, nor the effectuation of it, shall be construed as in any respect waiving, determining or affecting any right, title, or interest, which otherwise may exist in the United States, and that the making of any agreement, as provided in this section, shall not be construed as an admission as to the title or ownership of the lands included. -SOURCE- (Jan. 26, 1940, ch. 14, 54 Stat. 17.) -COD- CODIFICATION Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which comprises this chapter. -End- -CITE- 30 USC Sec. 185 01/02/2006 -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 sections 802 and 803 of title 46, Appendix). (3) Nothing in this subsection shall restrict the authority of the President under the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), or Part B of title II of the Energy Policy and Conservation Act (42 U.S.C. 6271-76) to prohibit exports. (4) The Secretary of Commerce shall issue any rules necessary for implementation of the President's national interest determination, including any licensing requirements and conditions, within 30 days of the date of such determination by the President. The Secretary of Commerce shall consult with the Secretary of Energy in administering the provisions of this subsection. (5) If the Secretary of Commerce finds that exporting oil under authority of this subsection has caused sustained material oil supply shortages or sustained oil prices significantly above world market levels and further finds that these supply shortages or price increases have caused or are likely to cause sustained material adverse employment effects in the United States, the Secretary of Commerce, in consultation with the Secretary of Energy, shall recommend, and the President may take, appropriate action concerning exports of this oil, which may include modifying or revoking authority to export such oil. (6) Administrative action under this subsection is not subject to sections 551 and 553 through 559 of title 5. (t) Existing rights-of-way The Secretary or agency head may ratify and confirm any right-of- way or permit for an oil or gas pipeline or related facility that was granted under any provision of law before the effective date of this subsection, if it is modified by mutual agreement to comply to the extent practical with the provisions of this section. Any action taken by the Secretary or agency head pursuant to this subsection shall not be considered a major Federal action requiring a detailed statement pursuant to section 102(2)(C) [42 U.S.C. 4332(2)(C)] of the National Environmental Policy Act of 1970 (Public Law 90-190; 42 U.S.C. 4321). (u) Limitations on export Any domestically produced crude oil transported by pipeline over rights-of-way granted pursuant to this section, except such crude oil which is either exchanged in similar quantity for convenience or increased efficiency of transportation with persons or the government of an adjacent foreign state, or which is temporarily exported for convenience or increased efficiency of transportation across parts of an adjacent foreign state and reenters the United States, shall be subject to all of the limitations and licensing requirements of the Export Administration Act of 1979 (50 U.S.C. App. 2401 and following) and, in addition, before any crude oil subject to this section may be exported under the limitations and licensing requirements and penalty and enforcement provisions of the Export Administration Act of 1979 the President must make and publish an express finding that such exports will not diminish the total quantity or quality of petroleum available to the United States, and are in the national interest and are in accord with the provisions of the Export Administration Act of 1979: Provided, That the President shall submit reports to the Congress containing findings made under this section, and after the date of receipt of such report Congress shall have a period of sixty calendar days, thirty days of which Congress must have been in session, to consider whether exports under the terms of this section are in the national interest. If the Congress within this time period passes a concurrent resolution of disapproval stating disagreement with the President's finding concerning the national interest, further exports made pursuant to the aforementioned Presidential findings shall cease. (v) State standards The Secretary or agency head shall take into consideration and to the extent practical comply with State standards for right-of-way construction, operation, and maintenance. (w) Reports (1) The Secretary and other appropriate agency heads shall report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate annually on the administration of this section and on the safety and environmental requirements imposed pursuant thereto. (2) The Secretary or agency head shall promptly notify the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate upon receipt of an application for a right-of-way for a pipeline twenty-four inches or more in diameter, and no right-of-way for such a pipeline shall be granted until a notice of intention to grant the right-of-way, together with the Secretary's or agency head's detailed findings as to the terms and conditions he proposes to impose, has been submitted to such committees. (3) Periodically, but at least once a year, the Secretary of the Department of Transportation shall cause the examination of all pipelines and associated facilities on Federal lands and shall cause the prompt reporting of any potential leaks or safety problems. (x) Liability (1) The Secretary or agency head shall promulgate regulations and may impose stipulations specifying the extent to which holders of rights-of-way and permits under this chapter shall be liable to the United States for damage or injury incurred by the United States in connection with the right-of-way or permit. Where the right-of-way or permit involves lands which are under the exclusive jurisdiction of the Federal Government, the Secretary or agency head shall promulgate regulations specifying the extent to which holders shall be liable to third parties for injuries incurred in connection with the right-of-way or permit. (2) The Secretary or agency head may, by regulation or stipulation, impose a standard of strict liability to govern activities taking place on a right-of-way or permit area which the Secretary or agency head determines, in his discretion, to present a foreseeable hazard or risk of danger to the United States. (3) Regulations and stipulations pursuant to this subsection shall not impose strict liability for damage or injury resulting from (A) an act of war, or (B) negligence of the United States. (4) Any regulation or stipulation imposing liability without fault shall include a maximum limitation on damages commensurate with the foreseeable risks or hazards presented. Any liability for damage or injury in excess of this amount shall be determined by ordinary rules of negligence. (5) The regulations and stipulations shall also specify the extent to which such holders shall indemnify or hold harmless the United States for liability, damage, or claims arising in connection with the right-of-way or permit. (6) Any regulation or stipulation promulgated or imposed pursuant to this section shall provide that all owners of any interest in, and all affiliates or subsidiaries of any holder of, a right-of-way or permit shall be liable to the United States in the event that a claim for damage or injury cannot be collected from the holder. (7) In any case where liability without fault is imposed pursuant to this subsection and the damages involved were caused by the negligence of a third party, the rules of subrogation shall apply in accordance with the law of the jurisdiction where the damage occurred. (y) Antitrust laws The grant of a right-of-way or permit pursuant to this section shall grant no immunity from the operation of the Federal antitrust laws. -SOURCE- (Feb. 25, 1920, ch. 85, Sec. 28, 41 Stat. 449; Aug. 21, 1935, ch. 599, Sec. 1, 49 Stat. 678; Aug. 12, 1953, ch. 408, 67 Stat. 557; Pub. L. 93-153, title I, Sec. 101, Nov. 16, 1973, 87 Stat. 576; Pub. L. 95-91, title III, Secs. 301(b), 306, title IV, Sec. 402(a), (b), title VII, Secs. 703, 707, Aug. 4, 1977, 91 Stat. 578, 581, 583, 584, 606, 607; Pub. L. 99-64, title I, Sec. 123(b), July 12, 1985, 99 Stat. 156; Pub. L. 101-475, Sec. 1, Oct. 30, 1990, 104 Stat. 1102; Pub. L. 103-437, Sec. 11(a)(1), Nov. 2, 1994, 108 Stat. 4589; Pub. L. 104-58, title II, Sec. 201, Nov. 28, 1995, 109 Stat. 560; Pub. L. 104-66, title I, Sec. 1121(k), Dec. 21, 1995, 109 Stat. 724.) -REFTEXT- REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in subsec. (h)(1), is Pub. L. 91-190, Jan 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The date of enactment of this subsection, referred to in subsec. (k), the effective date of this provision, referred to in subsec. (q), and the effective date of this subsection, referred to in subsec. (t), probably mean the date of approval of Pub. L. 93-153, which was Nov. 16, 1973. The Natural Gas Act, referred to in subsec. (r)(3)(A), is act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is classified generally to chapter 15B (Sec. 717 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables. The International Emergency Economic Powers Act, referred to in subsec. (s)(3), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat. 1626, as amended, which is classified generally to chapter 35 (Sec. 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. The National Emergencies Act, referred to in subsec. (s)(3), is Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended, which is classified principally to chapter 34 (Sec. 1601 et seq.) of Title 50. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables. The Energy Policy and Conservation Act, referred to in subsec. (s)(3), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended. Part B of title II of the Act is classified generally to part B (Sec. 6271 et seq.) of subchapter II of chapter 77 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of Title 42 and Tables. The Export Administration Act of 1979, referred to in subsec. (u), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended, which is classified principally to section 2401 et seq. of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 2401 of Title 50, Appendix, and Tables. The Federal antitrust laws, referred to in subsec. (y), are classified generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and Trade. -MISC1- AMENDMENTS 1995 - Subsec. (s). Pub. L. 104-58 amended heading and text of subsec. (s) generally. Prior to amendment, subsec. (s) provided that the Secretary of Interior, in consultation with Federal and State agencies, review need for national system of transportation and utility corridors across Federal lands and report to Congress and the President by July 1, 1975. Subsec. (w)(4). Pub. L. 104-66 struck out par. (4) which read as follows: "The Secretary of the Department of Transportation shall report annually to the President, the Congress, the Secretary of the Interior, and the Secretary of Energy any potential dangers of or actual explosions, or potential or actual spillage on Federal lands and shall include in such report a statement of corrective action taken to prevent such explosion or spillage." 1994 - Subsec. (w)(1), (2). Pub. L. 103-437 substituted "Natural Resources" for "Interior and Insular Affairs" before "of the United States House". 1990 - Subsec. (w)(1). Pub. L. 101-475, Sec. 1(a), substituted "Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate" for "House and Senate Committees on Interior and Insular Affairs". Subsec. (w)(2). Pub. L. 101-475, Sec. 1(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The Secretary or agency head shall notify the House and Senate Committees on Interior and Insular Affairs promptly upon receipt of an application for a right-of-way for a pipeline twenty-four inches or more in diameter, and no right-of-way for such a pipeline shall be granted until sixty days (not counting days on which the House of Representatives or the Senate has adjourned for more than three days) after a notice of intention to grant the right-of-way, together with the Secretary's or agency head's detailed findings as to terms and conditions he proposes to impose, has been submitted to such committees, unless each committee by resolution waives the waiting period." 1985 - Subsec. (u). Pub. L. 99-64 substituted "Export Administration Act of 1979 (50 U.S.C. App. 2401 and following)" for "Export Administration Act of 1969 (Act of December 30, 1969; 83 Stat. 841)" and "Export Administration Act of 1979" for "Export Administration Act of 1969" in two places. 1973 - Pub. L. 93-153 completely rewrote the section substituting 25 subsecs. lettered (a) through (y) covering all aspects of the granting of rights-of-way for pipelines through Federal lands for the former single unlettered paragraph under which rights-of-way of 25 feet on each side of the pipeline could be granted and under which the pipeline was to be operated as a common carrier. 1953 - Act Aug. 12, 1953, permitted companies subject to Federal regulation, or public utilities subject to State regulations, to pass through the public domain without incurring the obligation to become a common carrier. 1935 - Act Aug. 21, 1935, substituted "may be granted by the Secretary of the Interior" for "are granted" and inserted "and conditions" after "regulations" in two places, and "and shall accept, convey, transport, or purchase without discrimination, oil or natural gas produced from Government lands in the vicinity of the pipe line in such proportionate amounts as the Secretary of the Interior may, after a full hearing with notice thereof to the interested parties and a proper finding of facts, determine to be reasonable:" after "and maintained as common carriers.". -CHANGE- CHANGE OF NAME Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. -TRANS- TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior related to compliance with grants of rights-of-way and temporary use permits for Federal land and such functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of Department of Agriculture, related to compliance with associated land use permits authorized for and in conjunction with grants of rights-of-way across Federal lands issued under this section with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15. "Secretary of Energy or Federal Energy Regulatory Commission" substituted for "Interstate Commerce Commission or Federal Power Commission" in subsec. (r)(5) pursuant to sections 301(b), 306, 402(a), (b), 703, and 707 of Pub. L. 95-91, which are classified to sections 7151(b), 7155, 7172(a), (b), 7293, and 7297 of Title 42, The Public Health and Welfare, and which transferred functions vested in Interstate Commerce Commission, and Chairman and members thereof, relating to transportation of oil by pipeline to Secretary of Energy (except for certain functions which were transferred to Federal Energy Regulatory Commission within Department of Energy), and terminated Federal Power Commission and transferred its functions to Secretary of Energy (except for certain functions which were transferred to Federal Energy Regulatory Commission). -MISC2- REIMBURSEMENT OF ADMINISTRATIVE AND OTHER COSTS Pub. L. 105-277, div. A, Sec. 101(e) [title II], Oct. 21, 1998, 112 Stat. 2681-231, 2681-272, provided that: "Notwithstanding any other provision of law, hereafter money collected, in advance or otherwise, by the Forest Service under authority of section 101 of Public Law 93-153 (30 U.S.C. 185(1)[(l)]) as reimbursement of administrative and other costs incurred in processing pipeline right-of-way or permit applications and for costs incurred in monitoring the construction, operation, maintenance, and termination of any pipeline and related facilities, may be used to reimburse the applicable appropriation to which such costs were originally charged." Similar provisions were contained in the following prior appropriation acts: Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1576. Pub. L. 104-208, div. A, title I, Sec. 101(d) [title II], Sept. 30, 1996, 110 Stat. 3009-181, 3009-208. Pub. L. 104-134, title I, Sec. 101(c) [title II], Apr. 26, 1996, 110 Stat. 1321-156, 1321-184; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 103-332, title II, Sept. 30, 1994, 108 Stat. 2524. Pub. L. 103-138, title II, Nov. 11, 1993, 107 Stat. 1403. Pub. L. 102-381, title II, Oct. 5, 1992, 106 Stat. 1401. Pub. L. 102-154, title II, Nov. 13, 1991, 105 Stat. 1017. GAO REPORT Section 202 of Pub. L. 104-58 directed the Comptroller General of the United States to commence, three years after Nov. 28, 1995, a review of energy production in California and Alaska and the effects of Alaskan North Slope oil exports, if any, on consumers, independent refiners, and shipbuilding and ship repair yards on the West Coast and in Hawaii, and to submit to Congress, within twelve months after commencing the review, a report containing recommendations for Congress and the President to address job loss in the shipbuilding and ship repair industry on the West Coast, as well as adverse impacts on consumers and refiners on the West Coast and in Hawaii, that are attributed to Alaska North Slope oil exports. OUTER CONTINENTAL SHELF; PIPELINE RIGHTS-OF-WAY Pipeline rights-of-way in connection with oil, gas, and other leases on submerged lands of outer Continental Shelf, see section 1334 of Title 43, Public Lands. -EXEC- EXPORTS OF ALASKAN NORTH SLOPE (ANS) CRUDE OIL Memorandum of President of the United States, Apr. 28, 1996, 61 F.R. 19507, provided: Memorandum for the Secretary of Commerce [and] the Secretary of Energy Pursuant to section 28(s) of the Mineral Leasing Act, as amended, 30 U.S.C. 185, I hereby determine that exports of crude oil transported over right-of-way granted pursuant to section 203 of the Trans-Alaska Pipeline Authorization Act [43 U.S.C. 1652] are in the national interest. In making this determination, I have taken into account the conclusions of an interagency working group, which found that such oil exports: - will not diminish the total quantity or quality of petroleum available to the United States; and - are not likely to cause sustained material oil supply shortages or sustained oil price increases significantly above world market levels that would cause sustained material adverse employment effects in the United States or that would cause substantial harm to consumers, including those located in noncontiguous States and Pacific Territories. I have also considered the interagency group's conclusions regarding potential environmental impacts of lifting the ban. Based on their findings and recommendations, I have concluded that exports of such crude oil will not pose significant risks to the environment if certain terms and conditions are met. Therefore, pursuant to section 28(s) of the Mineral Leasing Act I direct the Secretary of Commerce to promulgate immediately a general license, or a license exception, authorizing exports of such crude oil, subject to appropriate documentation requirements, and consistent with the following conditions: - tankers exporting ANS exports must use the same route that they do for shipments to Hawaii until they reach a point 300 miles due south of Cape Hinchinbrook Light and then turn toward Asian destinations. After reaching that point, tankers in the ANS oil trade must remain outside of the 200 nautical-miles Exclusive Economic Zone of the United States as defined in the Fisheries Conservation and Management Act (16 U.S.C. 1811) [probably means the Magnuson-Stevens Fishery Conservation and Management Act]. This condition also applies to tankers returning from foreign ports to Valdez, Alaska. Exceptions can be made at the discretion of the vessel master only to ensure the safety of the vessel; - that export tankers be equipped with satellite-based communications systems that will enable the Coast Guard independently to determine their location. The Coast Guard will conduct appropriate monitoring of the tankers, a measure that will ensure compliance with the 200-mile condition, and help the Coast Guard respond quickly to any emergencies; - the owner or operator of an Alaskan North Slope crude oil export tankship shall maintain a Critical Area Inspection Plan for each tankship in the trade in accordance with the U.S. Coast Guard's Navigation and Inspection Circular No. 15-91 as amended, which shall include an annual internal survey of the vessel's cargo block tanks; and - the owner or operator of an Alaskan North Slope crude oil export tankship shall adopt a mandatory program of deep water ballast exchange (i.e., in 2,000 meters water depth). Exceptions can be made at the discretion of the captain only in order to ensure the safety of the vessel. Recordkeeping subject to Coast Guard audit will be required as part of this regime. The Secretary of Commerce is authorized and directed to inform the appropriate committees of the Congress of this determination and to publish it in the Federal Register. William J. Clinton. -End- -CITE- 30 USC Sec. 186 01/02/2006 -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.) -End- -CITE- 30 USC Sec. 187 01/02/2006 -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". -End- -CITE- 30 USC Sec. 187a 01/02/2006 -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 s