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30 U.S.C. § 208 — Permits to take coal for local domestic needs without royalty payments; corporation exclusion; area to municipalities for household use without profit

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 208 — Permits to take coal for local domestic needs without royalty payments; corporation exclusion; area to municipalities for household use without profit

In order to provide for the supply of strictly local domestic needs for fuel, the Secretary of the Interior may, under such rules and regulations as he may prescribe in advance, issue limited licenses or permits to individuals or associations of individuals to prospect for, mine, and take for their use but not for sale, coal from the public lands without payment of royalty for the coal mined or the land occupied, on such conditions not inconsistent with this chapter as in his opinion will safeguard the public interests. This privilege shall not extend to any corporations. In the case of municipal corporations the Secretary of the Interior may issue such limited license or permit, for not to exceed three hundred and twenty acres for a municipality of less than one hundred thousand population, and not to exceed one thousand two hundred and eighty acres for a municipality of not less than one hundred thousand and not more than one hundred and fifty thousand population; and not to exceed two thousand five hundred and sixty acres for a municipality of one hundred and fifty thousand population or more, the land to be selected within the State wherein the municipal applicant may be located, upon condition that such municipal corporations will mine the coal therein under proper conditions and dispose of the same without profit to residents of such municipality for household use: Provided, That the acquisition or holding of a lease under sections 181, 201, and 202 to 207 of this title shall be no bar to the holding of such tract or operation of such mine under said limited license.

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Source location: Title 30, Chapter 3A, § 208; chapter-3a-leases-and-prospecting-permits.md

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 434 to 445 — Repealed. Pub. L. 86–252, § 1, Sept. 9, 1959, 73 Stat. 490

### Statutory Notes Section 434, act Oct. 20, 1914, ch. 330, § 3, 38 Stat. 742, related to division of unreserved lands into leasing blocks or tracts and to leases. See sections 181, 201(a), and 202 of Title 30, Mineral Lands and Mining. Section 435, act Oct. 20, 1914, ch. 330, § 4, 38 Stat. 742, related to lease of additional lands. See sections 203 and 204 of Title 30. Section 436, act Oct. 20, 1914, ch. 330, § 5, 38 Stat. 743, related to consolidation of leases. See [section 205 of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section205&num=0&edition=prelim). Section 437, act Oct. 20, 1914, ch. 330, § 9, 38 Stat. 744, related to the term of the lease. See [section 207 of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section207&num=0&edition=prelim). Section 438, act Oct. 20, 1914, ch. 330, § 9, 38 Stat. 744, related to rents and royalties payable to the United States by lessees. See [section 207 of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section207&num=0&edition=prelim). Section 438a, act Oct. 20, 1914, ch. 330, § 19, as added June 6, 1934, ch. 405, 48 Stat. 909, related to suspension of rentals during suspension of operation or production. See [section 209 of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section209&num=0&edition=prelim). Section 439, acts Oct. 20, 1914, ch. 330, § 9, 38 Stat. 744; July 10, 1957, Pub. L. 85–88, § 1, 71 Stat. 282; July 7, 1958, Pub. L. 85–508, § 28(a), 72 Stat. 351, related to distribution of net profits, bonuses, royalties, rentals, and other payments. See [section 191 of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section191&num=0&edition=prelim). Sectio

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 208 — Permits to take coal for local domestic

Page 68 TITLE 30—MINERAL LANDS AND MINING § 208 1 So in original. Two pars. (6) have been enacted. may be accepted in lieu of the condition of con- tinued operation shall not exceed 20 years. (6) 1 The amount of any production royalty paid for any year shall be reduced (but not below 0) by the amount of any advance royalties paid under a lease described in paragraph (5) to the extent that the advance royalties have not been used to reduce production royalties for a prior year. (6) 1 The Secretary may, upon six months’ no- tification to the lessee cease to accept advance royalties in lieu of the requirement of continued operation. (7) Nothing in this subsection shall be con- strued to affect the requirement contained in the second sentence of subsection (a) relating to commencement of production at the end of ten years. (c) Operation and reclamation plan Prior to taking any action on a leasehold which might cause a significant disturbance of the environment, the lessee shall submit for the Secretary’s approval an operation and reclama- tion plan. The Secretary shall approve or dis- approve the plan or require that it be modified. Where the land involved is under the surface ju- risdiction of another Federal agency, that other agency must consent to the terms of such ap- proval. (Feb. 25, 1920, ch. 85, § 7, 41 Stat. 439; Pub. L. 94–377, § 6, Aug. 4, 1976, 90 Stat. 1087; Pub. L. 109–58, title IV, §§ 434, 435, Aug. 8, 2005, 119 Stat. 761, 762.) Editorial Notes AMENDMENTS 2005—Subsec. (b). Pub. L. 109–58, § 434, designated first to third and seventh and eighth sentences as pars. (1) to (3) and (6) and (7), respectively, substituted ‘‘Advance royalties described in paragraph (2)’’ for ‘‘Such advance royalties’’ in par. (3), added pars. (4), (5)

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