30 U.S.C. § 201 — Leases and exploration

Page 61 TITLE 30—MINERAL LANDS AND MINING § 201 (Feb. 25, 1920, ch. 85, § 41, as added Pub. L. 100–203, title V, § 5108, Dec. 22, 1987, 101 Stat. 1330–260.) § 196. Cooperative agreements; delegation of au- thority Notwithstanding any other provision of law, for fiscal year 1992 and each year thereafter, the Secretary of the Interior or his designee is au- thorized to— (a) enter into a cooperative agreement or agreements with any State or Indian tribe to share royalty management information, to carry out inspection, auditing, investigation or enforcement (not including the collection of royalties, civil penalties, or other payments) activities in cooperation with the Secretary, except that the Secretary shall not enter into such cooperative agreement with a State with respect to any such activities on Indian lands except with the permission of the Indian tribe involved; and (b) upon written request of any State, to del- egate to the State all or part of the authori- ties and responsibilities of the Secretary under the authorizing leasing statutes, leases, and regulations promulgated pursuant thereto to conduct audits, investigations, and inspec- tions, except that the Secretary shall not un- dertake such a delegation with respect to any Indian lands except with permission of the In- dian tribe involved, with respect to any lease authorizing explo- ration for or development of coal, any other solid mineral, or geothermal steam on any Fed- eral lands or Indian lands within the State or with respect to any lease or portion of a lease subject to section 1337(g) of title 43, on the same terms and conditions as those authorized for oil and gas leases under sections 1732, 1733, 1735, and 1736 of this title and the regulations duly pro- mulgated with respect thereto: Provided further, That section 1734 of this title shall apply to leases authorizing exploration for or develop- ment of coal, any other solid mineral, or geo- thermal steam on any Federal lands, or to any lease or portion of a lease subject to section 1337(g) of title 43: Provided further, That the Sec- retary shall compensate any State or Indian tribe for those costs which are necessary to carry out activities conducted pursuant to such cooperative agreement or delegation. (Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1001.) Editorial Notes CODIFICATION Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which comprises this chapter. SUBCHAPTER II—COAL § 201. Leases and exploration (a) Leases (1) The Secretary of the Interior is authorized to divide any lands subject to this chapter which have been classified for coal leasing into leasing tracts of such size as he finds appropriate and in the public interest and which will permit the mining of all coal which can be economically ex- tracted in such tract and thereafter he shall, in his discretion, upon the request of any qualified applicant or on his own motion, from time to time, offer such lands for leasing and shall award leases thereon by competitive bidding: Provided, That notwithstanding the competitive bidding requirement of this section, the Sec- retary may, subject to such conditions which he deems appropriate, negotiate the sale at fair market value of coal the removal of which is necessary and incidental to the exercise of a right-of-way permit issued pursuant to title V of the Federal Land Policy and Management Act of 1976 [43 U.S.C. 1761 et seq.]. No less than 50 per centum of the total acreage offered for lease by the Secretary in any one year shall be leased under a system of deferred bonus payment. Upon default or cancellation of any coal lease for which bonus payments are due, any unpaid re- mainder of the bid shall be immediately payable to the United States. A reasonable number of leasing tracts shall be reserved and offered for lease in accordance with this section to public bodies, including Federal agencies, rural electric cooperatives, or nonprofit corporations con- trolled by any of such entities: Provided, That the coal so offered for lease shall be for use by such entity or entities in implementing a defi- nite plan to produce energy for their own use or for sale to their members or customers (except for short-term sales to others). No bid shall be accepted which is less than the fair market value, as determined by the Secretary, of the coal subject to the lease. Prior to his determina- tion of the fair market value of the coal subject to the lease, the Secretary shall give oppor- tunity for and consideration to public comments on the fair market value. Nothing in this sec- tion shall be construed to require the Secretary to make public his judgment as to the fair mar- ket value of the coal to be leased, or the com- ments he receives thereon prior to the issuance of the lease. He is authorized, in awarding leases for coal lands improved and occupied or claimed in good faith, prior to February 25, 1920, to con- sider and recognize equitable rights of such oc- cupants or claimants. (2)(A) The Secretary shall not issue a lease or leases under the terms of this chapter to any person, association, corporation, or any sub- sidiary, affiliate, or persons controlled by or under common control with such person, asso- ciation, or corporation, where any such entity holds a lease or leases issued by the United States to coal deposits and has held such lease or leases for a period of ten years when such en- tity is not, except as provided for in section 207(b) of this title, producing coal from the lease deposits in commercial quantities. In computing the ten-year period referred to in the preceding sentence, periods of time prior to August 4, 1976, shall not be counted. (B) Any lease proposal which permits surface coal mining within the boundaries of a National Forest which the Secretary proposes to issue under this chapter shall be submitted to the Governor of each State within which the coal deposits subject to such lease are located. No such lease may be issued under this chapter be- Page 62 TITLE 30—MINERAL LANDS AND MINING § 201 fore the expiration of the sixty-day period begin- ning on the date of such submission. If any Gov- ernor to whom a proposed lease was submitted under this subparagraph objects to the issuance of such lease, such lease shall not be issued be- fore the expiration of the six-month period be- ginning on the date the Secretary is notified by the Governor of such objection. During such six- month period, the Governor may submit to the Secretary a statement of reasons why such lease should not be issued and the Secretary shall, on the basis of such statement, reconsider the issuance of such lease. (3)(A)(i) No lease sale shall be held unless the lands containing the coal deposits have been in- cluded in a comprehensive land-use plan and such sale is compatible with such plan. The Sec- retary of the Interior shall prepare such land- use plans on lands under his responsibility where such plans have not been previously pre- pared. The Secretary of the Interior shall inform the Secretary of Agriculture of substantial de- velopment interest in coal leasing on lands within the National Forest System. Upon re- ceipt of such notification from the Secretary of the Interior, the Secretary of Agriculture shall prepare a comprehensive land-use plan for such areas where such plans have not been previously prepared. The plan of the Secretary of Agri- culture shall take into consideration the pro- posed coal development in these lands: Provided, That where the Secretary of the Interior finds that because of non-Federal interest in the sur- face or because the coal resources are insuffi- cient to justify the preparation costs of a Fed- eral comprehensive land-use plan, the lease sale can be held if the lands containing the coal de- posits have been included in either a comprehen- sive land-use plan prepared by the State within which the lands are located or a land use anal- ysis prepared by the Secretary of the Interior. (ii) In preparing such land-use plans, the Sec- retary of the Interior or, in the case of lands within the National Forest System, the Sec- retary of Agriculture, or in the case of a finding by the Secretary of the Interior that because of non-Federal interests in the surface or insuffi- cient Federal coal, no Federal comprehensive land-use plans can be appropriately prepared, the responsible State entity shall consult with appropriate State agencies and local govern- ments and the general public and shall provide an opportunity for public hearing on proposed plans prior to their adoption, if requested by any person having an interest which is, or may be, adversely affected by the adoption of such plans. (iii) Leases covering lands the surface of which is under the jurisdiction of any Federal agency other than the Department of the Interior may be issued only upon consent of the other Federal agency and upon such conditions as it may pre- scribe with respect to the use and protection of the nonmineral interests in those lands. (B) Each land-use plan prepared by the Sec- retary (or in the case of lands within the Na- tional Forest System, the Secretary of Agri- culture pursuant to subparagraph (A)(i)) shall include an assessment of the amount of coal de- posits in such land, identifying the amount of such coal which is recoverable by deep mining operations and the amount of such coal which is recoverable by surface mining operations. (C) Prior to issuance of any coal lease, the Secretary shall consider effects which mining of the proposed lease might have on an impacted community or area, including, but not limited to, impacts on the environment, on agricultural and other economic activities, and on public services. Prior to issuance of a lease, the Sec- retary shall evaluate and compare the effects of recovering coal by deep mining, by surface min- ing, and by any other method to determine which method or methods or sequence of meth- ods achieves the maximum economic recovery of the coal within the proposed leasing tract. This evaluation and comparison by the Secretary shall be in writing but shall not prohibit the issuance of a lease; however, no mining oper- ating plan shall be approved which is not found to achieve the maximum economic recovery of the coal within the tract. Public hearings in the area shall be held by the Secretary prior to the lease sale. (D) No lease sale shall be held until after the notice of the proposed offering for lease has been given once a week for three consecutive weeks in a newspaper of general circulation in the county in which the lands are situated in ac- cordance with regulations prescribed by the Sec- retary. (E) Each coal lease shall contain provisions re- quiring compliance with the Federal Water Pol- lution Control Act (33 U.S.C. 1151–1175) [33 U.S.C. 1251 et seq.] and the Clean Air Act [42 U.S.C. 7401 et seq.]. (4)(A) The Secretary shall not require a surety bond or any other financial assurance to guar- antee payment of deferred bonus bid install- ments with respect to any coal lease issued on a cash bonus bid to a lessee or successor in inter- est having a history of a timely payment of non- contested coal royalties and advanced coal roy- alties in lieu of production (where applicable) and bonus bid installment payments. (B) The Secretary may waive any requirement that a lessee provide a surety bond or other fi- nancial assurance to guarantee payment of de- ferred bonus bid installment with respect to any coal lease issued before August 8, 2005, only if the Secretary determines that the lessee has a history of making timely payments referred to in subparagraph (A). (5) Notwithstanding any other provision of law, if the lessee under a coal lease fails to pay any installment of a deferred cash bonus bid within 10 days after the Secretary provides writ- ten notice that payment of the installment is past due— (A) the lease shall automatically terminate; and (B) any bonus payments already made to the United States with respect to the lease shall not be returned to the lessee or credited in any future lease sale. (b) Exploration (1) The Secretary may, under such regulations as he may prescribe, issue to any person an ex- ploration license. No person may conduct coal exploration for commercial purposes for any coal on lands subject to this chapter without such an exploration license. Each exploration li- cense shall be for a term of not more than two Page 63 TITLE 30—MINERAL LANDS AND MINING § 201 1 So in original. Probably should be ‘‘geophysical,’’. years and shall be subject to a reasonable fee. An exploration license shall confer no right to a lease under this chapter. The issuance of explo- ration licenses shall not preclude the Secretary from issuing coal leases at such times and loca- tions and to such persons as he deems appro- priate. No exploration license will be issued for any land on which a coal lease has been issued. A separate exploration license will be required for exploration in each State. An application for an exploration license shall identify general areas and probable methods of exploration. Each exploration license shall contain such reason- able conditions as the Secretary may require, including conditions to insure the protection of the environment, and shall be subject to all ap- plicable Federal, State, and local laws and regu- lations. Upon violation of any such conditions or laws the Secretary may revoke the exploration license. (2) A licensee may not cause substantial dis- turbance to the natural land surface. He may not remove any coal for sale but may remove a reasonable amount of coal from the lands sub- ject to this chapter included under his license for analysis and study. A licensee must comply with all applicable rules and regulations of the Federal agency having jurisdiction over the sur- face of the lands subject to this chapter. Explo- ration licenses covering lands the surface of which is under the jurisdiction of any Federal agency other than the Department of the Inte- rior may be issued only upon such conditions as it may prescribe with respect to the use and pro- tection of the nonmineral interests in those lands. (3) The licensee shall furnish to the Secretary copies of all data (including, but not limited to, geological, geophyscal,1 and core drilling anal- yses) obtained during such exploration. The Sec- retary shall maintain the confidentiality of all data so obtained until after the areas involved have been leased or until such time as he deter- mines that making the data available to the public would not damage the competitive posi- tion of the licensee, whichever comes first. (4) Any person who willfully conducts coal ex- ploration for commercial purposes on lands sub- ject to this chapter without an exploration li- cense issued hereunder shall be subject to a fine of not more than $1,000 for each day of violation. All data collected by said person on any Federal lands as a result of such violation shall be made immediately available to the Secretary, who shall make the data available to the public as soon as it is practicable. No penalty under this subsection shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. (Feb. 25, 1920, ch. 85, § 2(a), (b), 41 Stat. 438; June 3, 1948, ch. 379, § 1, 62 Stat. 289; Pub. L. 86–252, § 2, Sept. 9, 1959, 73 Stat. 490; Pub. L. 88–526, § 2(a), (b), Aug. 31, 1964, 78 Stat. 710; Pub. L. 94–377, §§ 2–4, Aug. 4, 1976, 90 Stat. 1083, 1085; Pub. L. 95–554, § 2, Oct. 30, 1978, 92 Stat. 2073; Pub. L. 109–58, title IV, § 436, Aug. 8, 2005, 119 Stat. 762.) Editorial Notes REFERENCES IN TEXT This section, referred to in subsec. (a)(1), is section 2 of act Feb. 25, 1920, as amended, which is comprised of subsecs. (a) to (d). Subsecs. (a) and (b) of section 2 com- prise this section, subsec. (c) of section 2 comprises sec- tion 202 of this title, and subsec. (d) of section 2, as added by section 5(b) of Pub. L. 94–377, comprises sec- tion 202a of this title. The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(1), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743. Title V of the Federal Land Pol- icy and Management Act of 1976 is classified generally to subchapter V (§ 1761 et seq.) of chapter 35 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. The Federal Water Pollution Control Act, referred to in subsec. (a)(3)(E), is act June 30, 1948, ch. 758, 62 Stat. 1155, formerly classified to chapter 23 (§ 1151 et seq.) of Title 33, Navigation and Navigable Waters, which was completely revised by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, and is classified generally to chapter 26 (§ 1251 et seq.) of Title 33. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1251 of Title 33 and Tables. The Clean Air Act, referred to in subsec. (a)(3)(E), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. CODIFICATION Section is comprised of subsecs. (a) and (b) of section 2 of act Feb. 25, 1920, as amended by section 1 of act June 3, 1948. Subsec. (c) of section 2 of act Feb. 25, 1920, is classified to section 202 of this title. Subsec. (d) of said section 2, as added by Pub. L. 94–377, § 5(b), Aug. 4, 1976, 90 Stat. 1086, is classified to section 202a of this title. AMENDMENTS 2005—Subsec. (a)(4), (5). Pub. L. 109–58 added pars. (4) and (5). 1978—Subsec. (a)(1). Pub. L. 95–554 authorized nego- tiated fair market value sales of coal when exercising Federal land policy and management right-of-way per- mits. 1976—Subsec. (a). Pub. L. 94–377, § 2, designated exist- ing provisions as par. (1), substituted provisions au- thorizing the division of any lands subject to this chap- ter which have been classified for coal leasing into tracts as the Secretary finds appropriate, in the public interest and will permit the mining of all economically extractable coal, such leases to be awarded by competi- tive bidding for provisions authorizing the division of classified or unclassified lands into tracts of forty acres, or multiples thereof, in such form as, in the Sec- retary’s opinion will permit the most economical min- ing, such leases to be awarded by competitive bidding or by such other method adopted by general regulation, inserted provisions relating to deferred bonus payments leasing, leasing to public agencies, and to the fair mar- ket value of leases, struck out provision for notice of proposed offering for lease in a newspaper of general circulation prior to approval or issuance of a competi- tive lease of coal, and added pars. (2) and (3). Subsec. (b). Pub. L. 94–377, § 4, designated existing provisions as par. (1), substituted provisions relating to the issuance, term and conditions of exploration li- censes for provisions relating to the issuance of prospecting permits for a term of two years, for not ex- ceeding 5125 acres, with an extension period of two years if the permittee has been unable, with the exer- cise of reasonable diligence to determine the existence or workability of coal deposits and desires further ex- ploration, and added pars. (2) to (4). Page 64 TITLE 30—MINERAL LANDS AND MINING § 201 1964—Subsec. (a). Pub. L. 88–526, § 2(a), removed limi- tation on a single competitive lease by striking out ‘‘but in no case exceeding two thousand five hundred and sixty acres in any one leasing tract,’’ after ‘‘such tracts,’’. Subsec. (b). Pub. L. 88–526, § 2(b), increased limitation on the area carried by a prospecting permit from 2,560 to 5,120 acres. 1959—Subsec. (a). Pub. L. 86–252 struck out ‘‘outside of the Territory of Alaska,’’ after ‘‘United States,’’. 1948—Act June 3, 1948, amended section generally, di- viding it into subsections (a) to (c) and making minor technical changes. Subsecs. (a) and (b) comprise this section and subsec. (c) is set out as section 202 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–58, title IV, § 438, Aug. 8, 2005, 119 Stat. 763, provided that: ‘‘The amendments made by this subtitle [subtitle D (§§ 431–438) of title IV of Pub. L. 109–58, amending this section and sections 202a, 203, and 207 of this title] apply with respect to any coal lease issued before, on, or after the date of the enactment of this Act [Aug. 8, 2005].’’ EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 99–190, § 101(d) [title III, § 320], Dec. 19, 1985, 99 Stat. 1224, 1266, provided that: ‘‘The provisions of sec- tion 2(a)(2)(A) of the Mineral Lands Leasing Act of 1920 (41 Stat. 437) [subsec. (a)(2)(A) of this section], as amended by section 3 of the Federal Coal Leasing Amendments Act of 1976 (90 Stat. 1083) [Pub. L. 94–377, see 1976 Amendment note above] shall not take effect until December 31, 1986.’’ SAVINGS PROVISION Pub. L. 94–377, § 4, Aug. 4, 1976, 90 Stat. 1085, provided that the amendment made by that section is subject to valid existing rights. TRANSFER OF FUNCTIONS Functions of Secretary of the Interior, referred to in subsec. (a)(3)(D), to promulgate regulations under this chapter relating to fostering of competition for Federal leases transferred to Secretary of Energy by section 7152(b) of Title 42, The Public Health and Welfare. Sec- tion 7152(b) of Title 42 was repealed by Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of Energy returned to Secretary of the In- terior. See House Report No. 97–315, pp. 25, 26, Nov. 5, 1981. EXCHANGE OF COAL PREFERENCE RIGHT LEASE APPLICATIONS Pub. L. 116–9, title I, § 1121(a), Mar. 12, 2019, 133 Stat. 636, provided that: ‘‘(1) DEFINITION OF BIDDING RIGHT.—In this subsection, the term ‘bidding right’ means an appropriate legal in- strument or other written documentation, including an entry in an account managed by the Secretary [of the Interior], issued or created under subpart 3435 of title 43, Code of Federal Regulations, that may be used— ‘‘(A) in lieu of a monetary payment for 50 percent of a bonus bid for a coal lease sale under the Mineral Leasing Act (30 U.S.C. 181 et seq.); or ‘‘(B) as a monetary credit against 50 percent of any rental or royalty payments due under any Federal coal lease. ‘‘(2) USE OF BIDDING RIGHT.— ‘‘(A) IN GENERAL.—If the Secretary retires a coal preference right lease application under the Mineral Leasing Act (30 U.S.C. 181 et seq.) by issuing a bidding right in exchange for the relinquishment of the coal preference right lease application, the bidding right subsequently may be used in lieu of 50 percent of the amount owed for any monetary payment of— ‘‘(i) a bonus in a coal lease sale; or ‘‘(ii) rental or royalty under a Federal coal lease. ‘‘(B) PAYMENT CALCULATION.— ‘‘(i) IN GENERAL.—The Secretary shall calculate a payment of amounts owed to a relevant State under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) based on the combined value of the bidding rights and amounts received. ‘‘(ii) AMOUNTS RECEIVED.—Except as provided in this paragraph, for purposes of calculating the pay- ment of amounts owed to a relevant State under clause (i) only, a bidding right shall be considered amounts received. ‘‘(C) REQUIREMENT.—The total number of bidding rights issued by the Secretary under subparagraph (A) before October 1, 2029, shall not exceed the num- ber of bidding rights that reflect a value equivalent to $67,000,000. ‘‘(3) SOURCE OF PAYMENTS.—The Secretary shall make payments to the relevant State under paragraph (2) from monetary payments received by the Secretary when bidding rights are exercised under this section [probably means this subsection]. ‘‘(4) TREATMENT OF PAYMENTS.—A payment to a State under this subsection shall be treated as a payment under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)). ‘‘(5) TRANSFERABILITY; LIMITATION.— ‘‘(A) TRANSFERABILITY.—A bidding right issued for a coal preference right lease application under the Mineral Leasing Act (30 U.S.C. 181 et seq.) shall be fully transferable to any other person. ‘‘(B) NOTIFICATION OF SECRETARY.—A person who transfers a bidding right shall notify the Secretary of the transfer by any method determined to be appro- priate by the Secretary. ‘‘(C) EFFECTIVE PERIOD.— ‘‘(i) IN GENERAL.—A bidding right issued under the Mineral Leasing Act (30 U.S.C. 181 et seq.) shall ter- minate on the expiration of the 7-year period begin- ning on the date the bidding right is issued. ‘‘(ii) TOLLING OF PERIOD.—The 7-year period de- scribed in clause (i) shall be tolled during any pe- riod in which exercise of the bidding right is pre- cluded by temporary injunctive relief granted under, or administrative, legislative, or judicial suspension of, the Federal coal leasing program. ‘‘(6) DEADLINE.— ‘‘(A) IN GENERAL.—If an existing settlement of a coal preference right lease application has not been implemented as of the date of enactment of this Act [March 12, 2019], not later than 180 days after that date of enactment, the Secretary shall complete the bidding rights valuation process in accordance with the terms of the settlement. ‘‘(B) DATE OF VALUATION.—For purposes of the valu- ation process under subparagraph (A), the market price of coal shall be determined as of the date of the settlement.’’ STUDY OF COAL LEASES BY DIRECTOR OF THE OFFICE OF TECHNOLOGY ASSESSMENT Pub. L. 94–377, § 10, Aug. 4, 1976, 90 Stat. 1090, provided that the Director of the Office of Technology Assess- ment conduct a complete study of coal leases entered into by the United States under sections 201, 202, and 202a of this title, which study was to include an anal- ysis of all mining activities, present and potential value of these leases, receipts to the Federal Govern- ment from these leases, and recommendations as to the feasibility of the use of deep mining technology in leased areas, with the results of his study to be sub- mitted to Congress within one year after Aug. 4, 1976. COAL MINING ON AREAS OF NATIONAL PARK, WILDLIFE, WILDERNESS PRESERVATION, TRAIL, SCENIC RIVERS, SYSTEMS NOT AUTHORIZED Pub. L. 94–377, § 16, Aug. 4, 1976, 90 Stat. 1092, provided that: ‘‘Nothing in this Act [see Short Title of 1976 Page 65 TITLE 30—MINERAL LANDS AND MINING § 202a Amendment note under section 181 of this title], or the Mineral Lands Leasing Act [this chapter] and the Min- eral Leasing Act for Acquired Lands [section 351 et seq. of this title] which are amended by this Act, shall be construed as authorizing coal mining on any area of the National Park System, the National Wildlife Ref- uge System, the National Wilderness Preservation Sys- tem, the National System of Trails, and the Wild and Scenic Rivers System, including study rivers des- ignated under section 5(a) of the Wild and Scenic Riv- ers Act [section 1276(a) of Title 16, Conservation].’’ Executive Documents ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accom- plished 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. § 201–1. Repealed. Pub. L. 94–377, § 5(a), Aug. 4, 1976, 90 Stat. 1086 Section, Pub. L. 88–526, § 2(c), (d), Aug. 31, 1964, 78 Stat. 710, permitted the entering into of contracts for collective prospecting, development or operation of coalfields by lessees for the purpose of conserving nat- ural resources. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 94–377, § 5(a), Aug. 4, 1976, 90 Stat. 1086, pro- vided that the repeal of this section is subject to valid existing rights. § 201a. Repealed. June 3, 1948, ch. 379, § 8, 62 Stat. 291 Section, act Mar. 9, 1928, ch. 159, § 1, 45 Stat. 251, re- lated to extension of coal prospecting permits. § 201b. Omitted Editorial Notes CODIFICATION Section, act Mar. 9, 1928, ch. 159, § 2, 45 Stat. 251, pro- vided for extension of coal permits already expired for a period of two years from Mar. 9, 1928. § 202. Common carriers; limitations of lease or permit No company or corporation operating a com- mon-carrier railroad shall be given or hold a permit or lease under the provisions of this chapter for any coal deposits except for its own use for railroad purposes; and such limitations of use shall be expressed in all permits and leases issued to such companies or corporations; and no such company or corporation shall re- ceive or hold under permit or lease more than ten thousand two hundred and forty acres in the aggregate nor more than one permit or lease for each two hundred miles of its railroad lines served or to be served from such coal deposits exclusive of spurs or switches and exclusive of branch lines built to connect the leased coal with the railroad, and also exclusive of parts of the railroad operated mainly by power produced otherwise than by steam. Nothing in this section and section 201 of this title shall preclude such a railroad of less than two hundred miles in length from securing one permit or lease thereunder but no railroad shall hold a permit or lease for lands in any State in which it does not operate main or branch lines. (Feb. 25, 1920, ch. 85, § 2(c), 41 Stat. 438; June 13, 1944, ch. 244, 58 Stat. 275; June 3, 1948, ch. 379, § 1, 62 Stat. 289.) Editorial Notes CODIFICATION Section is comprised of subsec. (c) of section 2 of act Feb. 25, 1920, as amended by section 1 of act June 3, 1948. Subsecs. (a) and (b) of section 2 of act Feb. 25, 1920, are classified to section 201 of this title. Subsec. (d) of said section 2, as added by Pub. L. 94–377, § 5(b), Aug. 4, 1976, 90 Stat. 1086, is classified to section 202a of this title. AMENDMENTS 1948—Act June 3, 1948, reenacted this section without change except to make it subsec. (c) of section 2 of act Feb. 25, 1920. 1944—Act June 13, 1944, inserted ‘‘more than ten thou- sand two hundred and forty acres in the aggregate nor’’ before ‘‘more than one permit’’, substituted ‘‘railroad lines served or to be served from such coal deposits’’ for ‘‘railroad line within the State in which such property is situated,’’, and prohibited a railroad from holding a permit or lease for lands in any State in which it did not operate main or branch lines. § 202a. Consolidation of coal leases into logical mining unit (1) Approval by Secretary; public hearing; defini- tion The Secretary, upon determining that max- imum economic recovery of the coal deposit or deposits is served thereby, may approve the con- solidation of coal leases into a logical mining unit. Such consolidation may only take place after a public hearing, if requested by any per- son whose interest is or may be adversely af- fected. A logical mining unit is an area of land in which the coal resources can be developed in an efficient, economical, and orderly manner as a unit with due regard to conservation of coal reserves and other resources. A logical mining unit may consist of one or more Federal lease- holds, and may include intervening or adjacent lands in which the United States does not own the coal resources, but all the lands in a logical mining unit must be under the effective control of a single operator, be able to be developed and operated as a single operation and be contig- uous. (2) Mining plan; requirements (A) After the Secretary has approved the es- tablishment of a logical mining unit, any min- ing plan approved for that unit must require such diligent development, operation, and pro- duction that the reserves of the entire unit will be mined within a period established by the Sec- retary which shall not be more than forty years. (B) The Secretary may establish a period of more than 40 years if the Secretary determines that the longer period— (i) will ensure the maximum economic re- covery of a coal deposit; or (ii) the longer period is in the interest of the orderly, efficient, or economic development of a coal resource.