§ 184. — Limitations on leases held, owned or controlled by persons, associations or corporations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC184]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 3A--LEASES AND PROSPECTING PERMITS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 184. Limitations on leases held, owned or controlled by
persons, associations or corporations
(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 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.
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\1\ So in original. Probably should be followed by a colon.
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(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.
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\2\ So in original. Probably should be ``unenforceable''.
\3\ So in original. Probably should be ``unenforceability''.
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(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).
(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.)
References in Text
The date of enactment of this section, referred to in subsec. (a),
probably means the date of enactment of Pub. L. 94-377, which was Aug.
4, 1976.
The Act entitled ``An Act to protect trade and commerce against
unlawful restraints and monopolies'', approved July 2, 1890, as amended,
referred to in subsec. (l)(4)(A), is act July 2, 1890, ch. 647, 26 Stat.
209, as amended, known as the Sherman Act, which is classified to
sections 1 to 7 of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see Short Title note set out
under section 1 of Title 15 and Tables.
The Act entitled ``An Act to supplement existing laws against
unlawful restraints and monopolies, and for other purposes'', approved
October 15, 1914, as amended, referred to in subsec. (l)(4)(B), is act
Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as the Clayton
Act, and is classified generally to sections 12, 13, 14 to 19, 20, 21,
and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For
further details and complete classification of this Act to the Code, see
References in Text note set out under section 12 of Title 15 and Tables.
The Federal Trade Commission Act, referred to in subsec. (l)(4)(C),
is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of
Title 15. For complete classification of this Act to the Code, see
section 58 of Title 15 and Tables.
Act of June 19, 1936, chapter 592, referred to in subsec. (l)(4)(E),
is act June 19, 1936, ch. 592, 49 Stat. 1526, known as the Robinson-
Patman Antidiscrimination Act and also as the Robinson-Patman Price
Discrimination Act, which enacted sections 13a, 13b, and 21a of Title
15, Commerce and Trade, and amended section 13 of Title 15. For complete
classification of this Act to the Code, see Short Title note set out
under section 13 of Title 15 and Tables.
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.
Amendments
2000--Subsec. (a). Pub. L. 106-463 inserted heading, struck out
``(1)'' before ``No person'', substituted ``75,000 acres'' for ``forty-
six thousand and eighty acres'', and substituted ``150,000 acres'' for
``one hundred thousand acres'' wherever appearing.
Subsec. (b)(2). Pub. L. 106-191 substituted ``30,720 acres'' for
``fifteen thousand three hundred and sixty acres''.
1981--Subsec. (d)(1). Pub. L. 97-78, Sec. 1(5), inserted proviso
that acreage held in special tar sand areas not be chargeable against
State limitations.
Subsec. (k). Pub. L. 97-78, Sec. 1(2), substituted ``gilsonite
(including all vein-type solid hydrocarbons)'' for ``native asphalt,
solid and semisolid bitumen, bituminous rock''.
1976--Subsec. (a)(1). Pub. L. 94-377, Sec. 11(a), inserted ``or any
subsidiary, affiliate, or persons controlled by or under common control
with such person, association, or corporation'' before ``shall take,
hold, own or control'', ``and in no case greater than an aggregate of
one hundred thousand acres in the United States'' after ``in any one
State,'' proviso relating to non-relinquishment of leases or permits by
an entity owning or controlling more than an aggregate of one hundred
thousand acres, and proviso prohibiting ownership or control of further
Federal leases or permits until reduction to below an aggregate of one
hundred thousand acres.
Subsec. (a)(2). Pub. L. 94-377, Sec. 11(b), struck out par. (2)
providing for application, hearing and granting of additional acreage,
not to exceed 5120 acres in any one State, to a person, association or
corporation requiring such extra acreage to carry on business
economically, and the subsequent reevaluation of such entity's
continuing need for such extra acreage.
Subsec. (l). Pub. L. 94-377, Sec. 15, added subsec. (l).
1964--Subsec. (a)(1). Pub. L. 88-526 struck out ``, except as
otherwise provided in this subsection,'' after ``corporation'' and
increased aggregate number of acres from 10,240 to 46,080 acres.
Subsec. (c). Pub. L. 88-548 increased aggregate number of acres from
10,240 to 20,480 acres.
1960--Pub. L. 86-705 generally revised provisions and divided them
into subsecs. (a) to (k). Other changes concerned: maximum acreage in
Alaska, unreported options, their unenforceability, form for notice of
options, party to give notice, inclusion of options in acreage
determinations, charge of association or corporate holdings against
principal stockholders, hearings requirement based upon prima facie
evidence of violations, running of time against a lease and the payment
of rentals during a waiver or suspension of a lessee's rights.
Pub. L. 86-391 authorized issuance of phosphate permits.
1959--Pub. L. 86-294 inserted provision that the right of
cancellation or forfeiture for violations shall not apply so as to
affect adversely the interest of a bona fide purchaser in a lease
acquired in conformity with acreage limitations; that bona fide
purchasers in such situations have the right to be dismissed as parties
from proceedings; and that if a party to proceedings files waiver of
rights to drill or assigns his interests, or if such rights are
suspended pending decision, he shall, if he is not in violation of
provisions, have the right to have his interest extended for a period of
time equal to the period between filing of waiver or order of suspension
and final decision, without payment of rental.
1958--Pub. L. 85-698 increased limitation on acreage which may be
taken or held under coal leases or permits in any one State from 5,120
to 10,240 acres, permitted applications for additional coal leases or
permits not exceeding 5,120 additional acres in the State, provided for
hearings on such applications, authorized reevaluation and cancellation
of leases and permits for additional acreage, and prohibited assignment,
transfer, or sale of any of the additional acreage without the
Secretary's approval.
1957--Pub. L. 85-122 struck out ``or permits exceeding in the
aggregate five thousand one hundred and twenty acres in any one State,
and'' after ``phosphate leases'' in second sentence.
1954--Act Aug. 2, 1954, increased acreage that any one person can
hold in the aggregate from fifteen thousand three hundred and sixty
acres to forty-six thousand and eighty acres, increased number of acres
that can be held under option from one hundred thousand acres to two
hundred thousand acres, and extended terms of the option from 2 to 3
years.
1948--Act June 1, 1948, substituted in second proviso ``within two
years after the passage of this Act'' for ``on or before August 8,
1950'' in order to allow options to be exercised up to that time.
Act June 3, 1948, increased aggregate acreage allowed one person,
etc., from two thousand five hundred and sixty acres to five thousand
one hundred and twenty acres of coal or sodium leases, and increased the
aggregate acreage allowed one person, etc., from seven thousand six
hundred and eighty acres to fifteen thousand three hundred and sixty
acres of oil or gas leases.
1946--Act Aug. 8, 1946, principally doubled amount of land that may
be leased by any person or corporation in any one State and abolished
former acreage limitation of 2,560 acres on one structure; excluded
operating contracts and leases held in common from definition of
``association''; inserted provisions relating to options; and omitted
provisions relating to cooperative or unit plans and operating, drilling
or development contracts.
1931--Act Mar. 4, 1931, amended section generally.
1930--Act July 3, 1930, amended section generally.
1926--Act Apr. 30, 1926, amended section generally.
Effective Date of 1959 Amendment
Section 2 of Pub. L. 86-294 provided that: ``The rights granted by
the second and third sentences of the amendment contained within section
1 of this Act [amending this section to provide that holder of interest
in lease has right to be dismissed from cancellation or forfeiture
proceedings upon showing he acquired his interest as bona fide purchaser
and without violation of provisions, and to provide right to have his
lease extended if rights thereunder to drill and to assign are suspended
or waived during such proceedings and it is determined he is not in
violation of provisions] shall apply with respect to any proceeding now
pending or initiated after the date of enactment of this Act [Sept. 21,
1959].''
Savings Provision
See note set out under section 181 of this title.
Section 11(b) of Pub. L. 94-377 provided in part that repeal by such
section of subsec. (a)(2) of this section is subject to valid existing
rights.
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.
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.
Section Referred to in Other Sections
This section is referred to in sections 202a, 236a, 275, 285 of this
title; title 10 sections 7421, 7435.
