30 U.S.C. § 209 — Suspension, waiver, or reduction of rents

Page 70 TITLE 30—MINERAL LANDS AND MINING § 208–2 1 So in original. Probably should be followed by a comma. 2 So in original. 3 So in original. The period probably should be a colon. (d). Subsecs. (a) and (b) of section 2 are classified to section 201 of this title, subsec. (c) of section 2 is classi- fied to section 202 of this title, and subsec. (d) of sec- tion 2, as added by section 5(b) of Pub. L. 94–377, is clas- sified to section 202a of this title. The date of enactment of this Act, referred to in sub- secs. (f) and (g), probably means the date of enactment of Pub. L. 94–377, which was approved Aug. 4, 1976. § 208–2. Repealed. Pub. L. 104–66, title I, § 1091(e), Dec. 21, 1995, 109 Stat. 722 Section, act Feb. 25, 1920, ch. 85, § 8B, as added Aug. 4, 1976, Pub. L. 94–377, § 8, 90 Stat. 1089, related to re- ports to Congress on leasing and production of coal lands, contents, recommendations, and reports by At- torney General on competition in the coal industry and on effectiveness of antitrust laws. § 208a. Repealed. Pub. L. 97–468, title VI, § 615(a)(3), Jan. 14, 1983, 96 Stat. 2578 Section, act July 19, 1932, ch. 513, 47 Stat. 707, author- ized general manager of Alaska Railroad to purchase coal annually for railroad from two or more operating companies in areas adjacent to railroad. Section was formerly classified to section 445a of Title 48, Territories and Insular Possessions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal by Pub. L. 97–468 became effective on date of transfer of Alaska Railroad to the State [Jan. 5, 1985], pursuant to section 1203 of Title 45, Railroads, see Pub. L. 97–468, title VI, § 615(a), Jan. 14, 1983, 96 Stat. 2577. § 209. Suspension, waiver, or reduction of rents or royalties to promote development or oper- ation; extension of lease on suspension of op- erations and production The Secretary of the Interior, for the purpose of encouraging the greatest ultimate recovery of coal, oil, gas, oil shale 1 gilsonite (including all vein-type solid hydrocarbons),,2 phosphate, so- dium, potassium and sulfur, and in the interest of conservation of natural resources, is author- ized to waive, suspend, or reduce the rental, or minimum royalty, or reduce the royalty on an entire leasehold, or on any tract or portion thereof segregated for royalty purposes, when- ever in his judgment it is necessary to do so in order to promote development, or whenever in his judgment the leases cannot be successfully operated under the terms provided therein.3 Pro- vided, however, That in order to promote devel- opment and the maximum production of tar sand, at the request of the lessee, the Secretary shall review, prior to commencement of com- mercial operations, the royalty rates estab- lished in each combined hydrocarbon lease issued in special tar sand areas. For purposes of this section, the term ‘‘tar sand’’ means any consolidated or unconsolidated rock (other than coal, oil shale, or gilsonite) that either: (1) con- tains a hydrocarbonaceous material with a gas- free viscosity, at original reservoir temperature, greater than 10,000 centipoise, or (2) contains a hydrocarbonaceous material and is produced by mining or quarrying. In the event the Secretary of the Interior, in the interest of conservation, shall direct or shall assent to the suspension of operations and production under any lease granted under the terms of this chapter, any payment of acreage rental or of minimum roy- alty prescribed by such lease likewise shall be suspended during such period of suspension of operations and production; and the term of such lease shall be extended by adding any such sus- pension period thereto. The provisions of this section shall apply to all oil and gas leases issued under this chapter, including those with- in an approved or prescribed plan for unit or co- operative development and operation. Nothing in this section shall be construed as granting to the Secretary the authority to waive, suspend, or reduce advance royalties. (Feb. 25, 1920, ch. 85, § 39, as added Feb. 9, 1933, ch. 45, 47 Stat. 798; amended Aug. 8, 1946, ch. 916, § 10, 60 Stat. 957; June 3, 1948, ch. 379, § 7, 62 Stat. 291; Pub. L. 94–377, § 14, Aug. 4, 1976, 90 Stat. 1091; Pub. L. 97–78, § 1(3), (7), Nov. 16, 1981, 95 Stat. 1070, 1071.) Editorial Notes AMENDMENTS 1981—Pub. L. 97–78 inserted reference to gilsonite (in- cluding all vein-type solid hydrocarbons) and inserted proviso that, in order to promote development and the maximum production of tar sand, at the request of the lessee, the Secretary review, prior to commencement of commercial operations, the royalty rates established in each combined hydrocarbon lease issued in special tar sand areas, and that, for purposes of this section, ‘‘tar sand’’ means any consolidated or unconsolidated rock (other than coal, oil shale, or gilsonite) that either con- tains a hydrocarbonaceous material with a gas-free vis- cosity, at original reservoir temperature, greater than 10,000 centipoise, or contains a hydrocarbonaceous ma- terial and is produced by mining or quarrying. 1976—Pub. L. 94–377 inserted sentence at end that nothing in this section shall be construed as granting to the Secretary authority to waive, suspend, or reduce advance royalties. 1948—Act June 3, 1948, extended applicability of sec- tion to oil shale, phosphate, sodium, potassium, and sulphur. 1946—Act Aug. 8, 1946, principally inserted first and third sentences relating to waiver, suspension or reduc- tion of royalties or rentals, and applicability of section to cooperative or unit plans, respectively. Statutory Notes and Related Subsidiaries SAVINGS PROVISION See note set out under section 181 of this title. SUBCHAPTER III—PHOSPHATES § 211. Phosphate deposits (a) Authorization to lease land; terms and condi- tions; acreage The Secretary of the Interior is authorized to lease to any applicant qualified under this chap- ter, through advertisement, competitive bid- ding, or such other methods as he may by gen- eral regulations adopt, any phosphate deposits of the United States, and lands containing such deposits, including associated and related min- erals, when in his judgment the public interest will be best served thereby. The lands shall be leased under such terms and conditions as are herein specified, in units reasonably compact in