ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

30 U.S.C. § 202aConsolidation of coal leases into logical mining unit

submitted 106 years ago by Pub. L. 94-377 to r/title-30-MINERAL-LANDS-AND-MINING · 534 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Secretary combine federal coal leases into one logical mining unit. This unit must be efficiently and economically mineable as a single operation. Mining plans for the unit must finish within 40 years, unless the Secretary allows longer.

(1) Approval by Secretary: The Secretary can approve combining coal leases into a logical mining unit, if doing so serves the maximum economic recovery of the coal. This can only happen after a public hearing, if anyone whose interest might be hurt asks for one. A logical mining unit is an area of land where the coal can be efficiently, economically, and properly mined as a single operation, with care for conserving coal and other resources. It can include one or more federal leases, plus nearby or in-between land where the U.S. does not own the coal — but everything in the unit must be under one operator's control, able to be developed and run as one operation, and touching (contiguous). (2) Mining plan requirements: Once the Secretary approves a logical mining unit, any mining plan for it must require developing, operating, and producing diligently enough that the whole unit's coal reserves are mined within a period the Secretary sets, no more than 40 years. The Secretary can allow more than 40 years if a longer period would ensure maximum economic recovery of the coal, or would serve the orderly, efficient, or economic development of the coal resource. (3) Conditions for approval: When approving a logical mining unit, the Secretary can decide that diligent development, ongoing operation, and production on any lease or land in the unit counts as happening on every federal lease in that unit. The Secretary can also let rents and royalties for all the unit's federal leases be combined, and let any advance royalties already paid for a lease in the unit be credited against that combined total. (4) Amendment to lease: The Secretary can change the terms of any lease in a logical mining unit, so mining under it matches the requirements set for the whole unit. (5) Leases issued before this Act: Leases signed before this Act became law can be added to a logical mining unit if every lessee agrees, and once added, they follow this section's rules. (6) Lessee required to form unit: By regulation, the Secretary can require a lessee under this chapter to form a logical mining unit, and can set rules for figuring out how much of a unit's acreage counts as each party's participating share. (7) Required acreage: The Secretary cannot approve a logical mining unit if its total acreage — federal and non-federal combined — would be more than 25,000 acres. (8) Acreage limitations not waived: Nothing in this section removes the separate acreage limits for coal leases set in section 184(a) of this title.
the actual law source: uscode.house.gov ↗public domain
(1) Approval by Secretary; public hearing; definition

The Secretary, upon determining that maximum economic recovery of the coal deposit or deposits is served thereby, may approve the consolidation of coal leases into a logical mining unit. Such consolidation may only take place after a public hearing, if requested by any person whose interest is or may be adversely affected. A logical mining unit is an area of land in which the coal resources can be developed in an efficient, economical, and orderly manner as a unit with due regard to conservation of coal reserves and other resources. A logical mining unit may consist of one or more Federal leaseholds, and may include intervening or adjacent lands in which the United States does not own the coal resources, but all the lands in a logical mining unit must be under the effective control of a single operator, be able to be developed and operated as a single operation and be contiguous.

(2) Mining plan; requirements
(A)

After the Secretary has approved the establishment of a logical mining unit, any mining plan approved for that unit must require such diligent development, operation, and production that the reserves of the entire unit will be mined within a period established by the Secretary which shall not be more than forty years.

(B)

The Secretary may establish a period of more than 40 years if the Secretary determines that the longer period—

(i)

will ensure the maximum economic recovery of a coal deposit; or

(ii)

the longer period is in the interest of the orderly, efficient, or economic development of a coal resource.

(3) Conditions for approval

In approving a logical mining unit, the Secretary may provide, among other things, that (i) diligent development, continuous operation, and production on any Federal lease or non-Federal land in the logical mining unit shall be construed as occurring on all Federal leases in that logical mining unit, and (ii) the rentals and royalties for all Federal leases in a logical mining unit may be combined, and advanced royalties paid for any lease within a logical mining unit may be credited against such combined royalties.

(4) Amendment to lease

The Secretary may amend the provisions of any lease included in a logical mining unit so that mining under that lease will be consistent with the requirements imposed on that logical mining unit.

(5) Leases issued before date of enactment of this Act

Leases issued before the date of enactment of this Act may be included with the consent of all lessees in such logical mining unit, and, if so included, shall be subject to the provisions of this section.

(6) Lessee required to form unit

By regulation the Secretary may require a lessee under this chapter to form a logical mining unit, and may provide for determination of participating acreage within a unit.

(7) Required acreage

No logical mining unit shall be approved by the Secretary if the total acreage (both Federal and non-Federal) of the unit would exceed twenty-five thousand acres.

(8) Acreage limitations for coal leases not waived

Nothing in this section shall be construed to waive the acreage limitations for coal leases contained in section 184(a) of this title.

Source credit: (Feb. 25, 1920, ch. 85, § 2(d), as added Pub. L. 94–377, § 5(b), Aug. 4, 1976, 90 Stat. 1086; amended Pub. L. 109–58, title IV, § 433, Aug. 8, 2005, 119 Stat. 761.)

history & why it existsrecord from the source credit
  • 1920Enacted · Pub. L. 94-377 · 90 Stat. 1086
  • 2005Amended · Pub. L. 109-58 · 119 Stat. 761

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-377 on 1920-02-25.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case