Title 30 — Mineral Lands and Mining
Chapter 3A — Leases and Prospecting Permits
§ 203. Additional lands or deposits
Statutory text
In general
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.
A finding referred to in paragraph (1) is a finding by the Secretary that the modifications—
would be in the interest of the United States;
would not displace a competitive interest in the lands; and
would not include lands or deposits that can be developed as part of another potential or existing operation.
In no case shall the total area added by modifications to an existing coal lease under paragraph (1)—
exceed 960 acres; or
add acreage larger than that in the original lease.
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.
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.
Footnotes
- 1 So in original. The comma probably should not appear.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
War Prohibition Act
Pub. L. 66–85 § 3 · 41 Stat. 305
Enacted · 30 U.S.C. § 203
Feb. 25, 1920, ch. 85, § 3, 41 Stat. 439
Source evidence
Code source credit
Feb. 25, 1920, ch. 85, § 3, 41 Stat. 439Enacted provision · exact public law section
Sec. 3. Any room, house, building, boat, vehicle, structure, or place of any kind where intoxicating liquor is sold, manufactured, kept for sale, or bartered in violation of the War Prohibition Act, and all intoxicating liquor and all property kept and used in maintaining such a place, is hereby declared to be a public and common Punishment for maintaining, etc. nuisance, and any person who maintains or assists in maintaining such public and common nuisance shall be guilty of a misdeamenor, and upon conviction thereof shall be fined not less than $100 nor more than $1,000, or be imprisoned for not less than thirty days or Property knowingly used therefor subject to lien, sale, etc. more than one year, or both. If a person has knowledge that his property is occupied or used in violation of the provisions of the War Prohibition Act and suffers the same to be so used, such property shall be subject to a lien for, and may be sold to pay, all fines and costs assessed against the occupant of such building or property for any violation of the War Prohibition Act occurring after the passage hereof, which said lien shall attach from the time of the filing of notice of the commencement of the suit in the office where the records of the transfer Enforcement. of real estate are kept; and any such lien may be established and enforced by legal action instituted for that purpose in any Forfeiture of leases. court having jurisdiction. Any violation of this title upon any leased premises by the lessee or occupant thereof shall, at the option of the lessor, work a forfeiture of the lease.Federal Coal Leasing Amendments Act of 1975
Pub. L. 94–377 § 13(b) · 90 Stat. 1083
Struck · 30 U.S.C. § 203
Pub. L. 94–377 struck out the advantage to the lessee as one of the conditions for modification of the original lease
Substituted · 30 U.S.C. § 203
Pub. L. 94–377 substituted provision prohibiting the addition of total area in excess of 160 acres or adding acreage larger than that in the original lease for provision limiting the total area embraced in such modified lease to an aggregate of 2560 acres
Inserted · 30 U.S.C. § 203
Pub. L. 94–377 inserted provision authorizing the Secretary to prescribe terms and conditions consistent with this chapter which shall be applicable to the total acreage in the modified lease
Source evidence
Code amendment note
Pub. L. 94–377 struck out the advantage to the lessee as one of the conditions for modification of the original lease, substituted provision prohibiting the addition of total area in excess of 160 acres or adding acreage larger than that in the original lease for provision limiting the total area embraced in such modified lease to an aggregate of 2560 acres, and inserted provision authorizing the Secretary to prescribe terms and conditions consistent with this chapter which shall be applicable to the total acreage in the modified lease.Enacted provision · exact public law section
(b) Subject to valid existing rights, section 3 of the Mineral Lands Leasing Act (30 U.S.C. 203) is amended to read as follows: “Sec. 3. Any person, association, or corporation holding a lease of Lease modifications. coal hinds or coal deposits under the provisions of this Act may with the approval of the Secretary of the Interior, upon a finding by him that it would be in the interest of the United States, secure modifications of the original coal lease by including additional coal lands or coal deposits contiguous to those embraced in such lease, but in no event shall the total area added by such modifications to an existing coal lease exceed one hundred sixty acres, or add acreage larger than that in the original lease. The Secretary shall prescribe terms and conditions Terms and conditions. which shall be consistent with this Act and applicable to all of the acreage in such modified lease.”.Pub. L. 95–554 § 3 · 92 Stat. 2073
Inserted · 30 U.S.C. § 203
Pub. L. 95–554 authorized modification of leases to include coal lands or coal deposits cornering to those embraced in the leases and inserted provision respecting application of production or mining plan requirements of sections 202a(2) and 207(c) and minimum royalty provisions of section 207(a) of this title
Source evidence
Code amendment note
Pub. L. 95–554 authorized modification of leases to include coal lands or coal deposits cornering to those embraced in the leases and inserted provision respecting application of production or mining plan requirements of sections 202a(2) and 207(c) and minimum royalty provisions of section 207(a) of this title.Enacted provision · exact public law section
Sec. 3. Section 3 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 203), is further amended by adding after the word “contiguous”, the words “or cornering”, and by deleting the period at the end of the second sentence thereof and adding the following clause: “except that nothing in this section shall require the Secretary to apply the production or mining plan requirements of section 2(d) (2) and 7(c) of this Act (30 U.S.C. 201(d) (2) and 207(c)). The minimum royalty 30 USC 202a. provisions of section 7(c) of this Act (30 U.S.C. 207(a)) 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.”.Coal Leasing Amendments Act of 2005
Pub. L. 109–58 title IV § 432 · 119 Stat. 594
Amended · 30 U.S.C. § 203
Pub. L. 109–58 designated first sentence as par. (1) of subsec. (a)
Substituted · 30 U.S.C. § 203
Pub. L. 109–58 substituted “Except as provided in paragraph (3), on a finding by the Secretary under paragraph (2), any person” for “Any person”
Substituted · 30 U.S.C. § 203
Pub. L. 109–58 substituted “secure modifications of the original coal lease by including additional coal lands or coal deposits contiguous or cornering to those embraced in the lease” for “upon a finding by him that it would be in the interest of the United States, secure modifications of the original coal lease by including additional coal lands or coal deposits contiguous or cornering to those embraced in such lease, but in no event shall the total area added by such modifications to an existing coal lease exceed one hundred sixty acres, or add acreage larger than that in the original lease”
Added · 30 U.S.C. § 203
Pub. L. 109–58 added pars. (2) and (3)
Amended · 30 U.S.C. § 203
Pub. L. 109–58 designated second and third sentences as subsecs. (b) and (c), respectively
Source evidence
Code amendment note
Pub. L. 109–58 designated first sentence as par. (1) of subsec. (a), substituted “Except as provided in paragraph (3), on a finding by the Secretary under paragraph (2), any person” for “Any person” and “secure modifications of the original coal lease by including additional coal lands or coal deposits contiguous or cornering to those embraced in the lease” for “upon a finding by him that it would be in the interest of the United States, secure modifications of the original coal lease by including additional coal lands or coal deposits contiguous or cornering to those embraced in such lease, but in no event shall the total area added by such modifications to an existing coal lease exceed one hundred sixty acres, or add acreage larger than that in the original lease”, added pars. (2) and (3), and designated second and third sentences as subsecs. (b) and (c), respectively.Enacted provision · exact public law section
SEC. 432. REPEAL OF THE 160-ACRE LIMITATION FOR COAL LEASES. Section 3 of the Mineral Leasing Act (30 U.S.C. 203) is amended— (1) in the first sentence, by striking “Any person” and inserting the following: “(a)(1) Except as provided in paragraph (3), on a finding by the Secretary under paragraph (2), any person”; (2) in the second sentence, by striking “The Secretary” and inserting the following: “(b) The Secretary” ; (3) in the third sentence, by striking “The minimum” and inserting the following: “(c) The minimum” ; (4) in subsection (a) (as designated by paragraph (1))— (A) by striking “upon” and all that follows and inserting the following: “secure modifications of the original coal lease by including additional coal lands or coal deposits contiguous or cornering to those embraced in the lease.”; and (B) by adding at the end the following: “(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.” .Effective date note
Amendment by Pub. L. 109–58 applicable with respect to any coal lease issued before, on, or after Aug. 8, 2005, see section 438 of Pub. L. 109–58, set out as a note under section 201 of this title.
10 of 10 references resolved to an enrolled provision
Editorial Notes
References in Text
Sections 202a(2) and 207(c) of this title, referred to in subsec. (b), was in the original “section 2(d)(2) and 7(c) of this Act (30 U.S.C. 201(d)(2) and 207(c))”, and was translated as sections 202a(2) and 207(c) of this title to reflect the probable intent of Congress.
The effective date of this Act, referred to in subsec. (c), probably means the date of enactment of Pub. L. 95–554, which was approved .
Amendments1976–2005 · 3 rounds
2005
Pub. L. 109–58 designated first sentence as par. (1) of subsec. (a), substituted “Except as provided in paragraph (3), on a finding by the Secretary under paragraph (2), any person” for “Any person” and “secure modifications of the original coal lease by including additional coal lands or coal deposits contiguous or cornering to those embraced in the lease” for “upon a finding by him that it would be in the interest of the United States, secure modifications of the original coal lease by including additional coal lands or coal deposits contiguous or cornering to those embraced in such lease, but in no event shall the total area added by such modifications to an existing coal lease exceed one hundred sixty acres, or add acreage larger than that in the original lease”, added pars. (2) and (3), and designated second and third sentences as subsecs. (b) and (c), respectively.
1978
Pub. L. 95–554 authorized modification of leases to include coal lands or coal deposits cornering to those embraced in the leases and inserted provision respecting application of production or mining plan requirements of sections 202a(2) and 207(c) and minimum royalty provisions of section 207(a) of this title.
1976
Pub. L. 94–377 struck out the advantage to the lessee as one of the conditions for modification of the original lease, substituted provision prohibiting the addition of total area in excess of 160 acres or adding acreage larger than that in the original lease for provision limiting the total area embraced in such modified lease to an aggregate of 2560 acres, and inserted provision authorizing the Secretary to prescribe terms and conditions consistent with this chapter which shall be applicable to the total acreage in the modified lease.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 Amendment
Amendment by Pub. L. 109–58 applicable with respect to any coal lease issued before, on, or after , see section 438 of Pub. L. 109–58, set out as a note under section 201 of this title.
Savings Provision
Pub. L. 94–377, § 13(b), , 90 Stat. 1090, provided that the amendment made by that section is subject to valid existing rights.
Credits
1920–2005 · 4 acts
- 1920Feb. 25, 1920, ch. 85, § 3, 41 Stat. 439
- 1976Pub. L. 94–377, § 13(b), , 90 Stat. 1090
- 1978Pub. L. 95–554, § 3, , 92 Stat. 2074
- 2005Pub. L. 109–58, title IV, § 432, , 119 Stat. 760.
Show as published
(Feb. 25, 1920, ch. 85, § 3, 41 Stat. 439; Pub. L. 94–377, § 13(b), , 90 Stat. 1090; Pub. L. 95–554, § 3, , 92 Stat. 2074; Pub. L. 109–58, title IV, § 432, , 119 Stat. 760.)