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30 U.S.C. § 203Additional lands or deposits

submitted 106 years ago by ch. 85 to r/title-30-MINERAL-LANDS-AND-MINING · 270 words · no verdicts yet

in plain englishAI-generated · not legal advice

A coal lease holder can add nearby coal land to their existing lease, with the Secretary of the Interior's approval. The Secretary must find that the change serves the public interest and doesn't crowd out competitors. Added land can't exceed 960 acres or be bigger than the original lease.

(a) In general — (1) Except as (3) says otherwise, once the Secretary makes the finding described in (2), anyone holding a coal lease under this chapter can — with the Secretary of the Interior's approval — expand the lease by adding nearby or adjoining coal land or deposits. (2) The Secretary must find that the change: (A) serves the interest of the United States; (B) doesn't push out any competing interest in the land; and (C) doesn't include land that could instead be developed as part of another operation. (3) The added land can never: (A) total more than 960 acres, or (B) be larger than the acreage in the original lease. (b) Terms and conditions — The Secretary sets terms for the modified lease that must match this chapter and apply to the whole modified lease. However, the Secretary doesn't have to apply the production or mining-plan rules from sections 202a(2) and 207(c) to it. (c) Royalties — The minimum royalty rule in section 207(a) doesn't apply to land added by this kind of modification until the original lease's term (or its extension) — the one in effect before this Act — has ended.
the actual law source: uscode.house.gov ↗public domain
(a) In general
(1)

Except as provided in paragraph (3), on a finding by the Secretary under paragraph (2), any person, association, or corporation holding a lease of coal lands or coal deposits under the provisions of this chapter may with the approval of the Secretary of the Interior,1 secure modifications of the original coal lease by including additional coal lands or coal deposits contiguous or cornering to those embraced in the lease.

(2)

A finding referred to in paragraph (1) is a finding by the Secretary that the modifications—

(A)

would be in the interest of the United States;

(B)

would not displace a competitive interest in the lands; and

(C)

would not include lands or deposits that can be developed as part of another potential or existing operation.

(3)

In no case shall the total area added by modifications to an existing coal lease under paragraph (1)—

(A)

exceed 960 acres; or

(B)

add acreage larger than that in the original lease.

(b) Terms and conditions

The Secretary shall prescribe terms and conditions which shall be consistent with this chapter and applicable to all of the acreage in such modified lease except that nothing in this section shall require the Secretary to apply the production or mining plan requirements of sections 202a(2) and 207(c) of this title.

(c) Royalties

The minimum royalty provisions of section 207(a) of this title shall not apply to any lands covered by this modified lease prior to a modification until the term of the original lease or extension thereof which became effective prior to the effective date of this Act has expired.

Source credit: (Feb. 25, 1920, ch. 85, § 3, 41 Stat. 439; Pub. L. 94–377, § 13(b), Aug. 4, 1976, 90 Stat. 1090; Pub. L. 95–554, § 3, Oct. 30, 1978, 92 Stat. 2074; Pub. L. 109–58, title IV, § 432, Aug. 8, 2005, 119 Stat. 760.)

history & why it existsrecord from the source credit
  • 1920Enacted · Act of Feb. 25, 1920, ch. 85 · 41 Stat. 439
  • 1976Amended · Pub. L. 94-377 · 90 Stat. 1090
  • 1978Amended · Pub. L. 95-554 · 92 Stat. 2074
  • 2005Amended · Pub. L. 109-58 · 119 Stat. 760

A history note hasn’t been published yet. The record shows enactment by ch. 85 on 1920-02-25.

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