30 USC Minerals collection

30 USC1601Mineral lands and mining.pdf

Mine, Development, and Mineral Exploration Supplement

30 USC Minerals collection

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TITLE 30—MINERAL LANDS AND MINING

Chap.

1.
2.
3.

3A.
4.

5.
6.
7.
8.
9.
10.
11.
12.
12A.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.

Sec.

United States Bureau of Mines ........
Mineral Lands and Regulations in
General ...............................................
Lands Containing Coal, Oil, Gas,
Salts, Asphaltic Materials, Sodium, Sulphur, and Building
Stone ...................................................
Leases and Prospecting Permits .....
Lease of Gold, Silver, or Quicksilver Deposits When Title Confirmed by Court of Private Land
Claims .................................................
Lease of Oil and Gas Deposits in or
Under Railroads and Other
Rights-of-Way ....................................
Synthetic Liquid Fuel Demonstration Plants [Omitted] ......................
Lease of Mineral Deposits Within
Acquired Lands ................................
Development of Lignite Coal Resources ................................................
Rare and Precious Metals Experiment Station .....................................
Coal Mine Safety [Repealed] ............
Mining Claims on Lands Subject to
Mineral Leasing Laws ....................
Multiple Mineral Development of
the Same Tracts ...............................
Entry and Location on Coal Lands
on Discovery of Source Material
Control of Coal-Mine Fires ...............
Anthracite Mine Drainage and
Flood Control ....................................
Surface Resources ...............................
Mineral Development of Lands
Withdrawn for Power Development ....................................................
Exploration Program for Discovery
of Minerals ........................................
Coal Research and Development ....
Lead and Zinc Stabilization Program [Omitted] .................................
Conveyances to Occupants of Unpatented Mining Claims ................
Metal and Nonmetallic Mine Safety
[Repealed] ..........................................
Mine Safety and Health .....................
Geothermal Resources .......................
Geothermal Energy Research, Development, and Demonstration ...
Surface Mining Control and Reclamation .............................................
Deep Seabed Hard Mineral Resources ................................................
Geothermal Energy ............................
Materials and Minerals Policy, Research, and Development ..............
Page 1

1
21

Chap.

29.
30.
31.
32.

71
181

Sec.

Oil and Gas Royalty Management ..
National Critical Materials Council
Marine Mineral Resources Research .................................................
Methane Hydrate Research and
Development .....................................

1701
1801
1901
2001

CHAPTER 1—UNITED STATES BUREAU OF
MINES
Sec.

291

1.

1a.

301
321

401

2.
3.
4.
4a.
4b.

411
451

4c.

351

501
521
541
551
571
601

4d.
4e.
4f to 4o.
5.
6.
7.
8.
9.
10.

621

11, 12.
13.

641
661

14.

681
701
721
801
1001
1101
1201
1401
1501
1601

15.
16.

United States Bureau of Mines; establishment; director; experts and other employees.
Transfer of activities, employees, records,
etc., from Bureau of Foreign and Domestic
Commerce to the United States Bureau of
Mines.
Performance of duties in absence of director.
Duties of United States Bureau of Mines.
Investigation of lignite coal and peat.
Omitted.
Cooperation with individuals, municipalities,
etc.; contracts with owners; agreements as
to prices.
Investigation of sub-bituminous and lignite
coal.
Plants, machinery, and equipment.
Omitted.
Transferred.
Reports of investigations.
Personal interest of director and members of
Bureau in mines.
Fees for tests or investigations.
Additional mining experiment stations and
mine safety stations authorized.
Acceptance of lands from States.
Headquarters of mine rescue cars; site for
experimental work; leases and donations.
Omitted or Repealed.
Research laboratory for utilization of anthracite coal; establishment and maintenance.
Acquisition of land; cooperation with other
agencies.
Repealed.
Research laboratory for utilization of anthracite coal; establishment of advisory committee; composition; functions; appointment.

§ 1. United States Bureau of Mines; establishment; director; experts and other employees
There is hereby established in the Department
of the Interior a bureau of mining, metallurgy,
and mineral technology, to be designated the
United States Bureau of Mines, and there shall
be a director of said bureau, who shall be thoroughly equipped for the duties of said office by
technical education and experience and who
shall be appointed by the President, by and with
the advice and consent of the Senate; and there

§ 1a

TITLE 30—MINERAL LANDS AND MINING

shall also be in the said bureau such experts and
other employees, to be appointed by the Secretary of the Interior, as may be required to
carry out the purposes of sections 1, 3, and 5 to
7 of this title in accordance with the appropriations made from time to time by Congress for
such purposes.
(May 16, 1910, ch. 240, § 1, 36 Stat. 369; Feb. 25,
1913, ch. 72, § 1, 37 Stat. 681; Ex. Ord. No. 4239,
June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934; Pub.
L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out below.
Section 10(b) of Pub. L. 102–285 provided that: ‘‘The
Bureau of Mines established by the Act of May 16, 1910
(30 U.S.C. 1), is designated as and shall hereafter [on
and after May 18, 1992] be known as the United States
Bureau of Mines.’’
TRANSFER OF FUNCTIONS
For provisions appropriating funds for the closure of
the United States Bureau of Mines and the transfer of
its functions, see Pub. L. 104–99, title I, § 123, Jan. 26,
1996, 110 Stat. 32, and Pub. L. 104–134, title I, § 101(c)
[title I], set out as a note below.
Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996,
110 Stat. 1321–156, 1321–167; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in
part: ‘‘That there hereby are transferred to, and vested
in, the Secretary of Energy: (1) the functions pertaining to the promotion of health and safety in mines and
the mineral industry through research vested by law in
the Secretary of the Interior or the United States Bureau of Mines and performed in fiscal year 1995 by the
United States Bureau of Mines at its Pittsburgh Research Center in Pennsylvania, and at its Spokane Research Center in Washington; (2) the functions pertaining to the conduct of inquiries, technological investigations and research concerning the extraction, processing, use and disposal of mineral substances vested by
law in the Secretary of the Interior or the United
States Bureau of Mines and performed in fiscal year
1995 by the United States Bureau of Mines under the
minerals and materials science programs at its Pittsburgh Research Center in Pennsylvania, and at its Albany Research Center in Oregon; and (3) the functions
pertaining to mineral reclamation industries and the
development of methods for the disposal, control, prevention, and reclamation of mineral waste products
vested by law in the Secretary of the Interior or the
United States Bureau of Mines and performed in fiscal
year 1995 by the United States Bureau of Mines at its
Pittsburgh Research Center in Pennsylvania: Provided
further, That, if any of the same functions were performed in fiscal year 1995 at locations other than those
listed above, such functions shall not be transferred to
the Secretary of Energy from those other locations:
Provided further, That the Director of the Office of Management and Budget, in consultation with the Secretary of Energy and the Secretary of the Interior, is
authorized to make such determinations as may be necessary with regard to the transfer of functions which
relate to or are used by the Department of the Interior,
or component thereof affected by this transfer of functions, and to make such dispositions of personnel, facilities, assets, liabilities, contracts, property, records,
and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising
from, available to or to be made available in connection with, the functions transferred herein as are
deemed necessary to accomplish the purposes of this
transfer: Provided further, That all reductions in personnel complements resulting from the provisions of this
Act [probably means Pub. L. 104–134, title I, § 101(c),

Page 2

Apr. 26, 1996, 110 Stat. 1321–156; renumbered title I, Pub.
L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, known as
the Department of the Interior and Related Agencies
Appropriations Act, 1996, see Tables for classification]
shall, as to the functions transferred to the Secretary
of Energy, be done by the Secretary of the Interior as
though these transfers had not taken place but had
been required of the Department of the Interior by all
other provisions of this Act before the transfers of
function became effective: Provided further, That the
transfers of function to the Secretary of Energy shall
become effective on the date specified by the Director
of the Office of Management and Budget, but in no
event later than 90 days after enactment into law of
this Act [Apr. 26, 1996]: Provided further, That the reference to ‘function’ includes, but is not limited to, any
duty, obligation, power, authority, responsibility,
right, privilege, and activity, or the plural thereof, as
the case may be.’’
[Pub. L. 104–208, div. A, title I, § 101(e) [title II], Sept.
30, 1996, 110 Stat. 3009–233, 3009–244, provided in part:
‘‘That the functions described in clause (1) of the first
proviso under the subheading ‘mines and minerals’
under the heading ‘Bureau of Mines’ in the text of title
I of the Department of the Interior and Related Agencies Appropriations Act, 1996, as enacted by section
101(c) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104–134) [set out
above], are hereby transferred to, and vested in, the
Secretary of Health and Human Services, subject to
section 1531 of title 31, United States Code’’.]
Functions vested in, or delegated to, Secretary of Energy and Department of Energy under or with respect
to sections 1, 3, and 5 to 7 of this title and other authorities relating to certain fossil energy research and
development transferred to, and vested in, Secretary of
the Interior, by section 100 of Pub. L. 97–257, 96 Stat.
841, set out as a note under section 7152 of Title 42, The
Public Health and Welfare.
Functions of Secretary of the Interior, Department of
the Interior, and officers and components of Department of the Interior under sections 1, 3, and 5 to 7 of
this title and other authorities exercised by Bureau of
Mines relating to fuel supply and demand analysis and
data gathering, research and development relating to
increased efficiency of production technology of solid
fuel minerals other than research relating to mine
health and safety and research relating to the environmental and leasing consequences of solid fuel mining,
and coal preparation and analysis transferred to, and
vested in, Secretary of Energy as part of the creation
of Department of Energy by Pub. L. 95–91, Aug. 4, 1977,
91 Stat. 565. See section 7152(d) of Title 42.
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
Bureau of Mines originally created in Department of
the Interior. Bureau transferred to Department of Commerce by Ex. Ord. No. 4239, but transferred back to Department of the Interior by Ex. Ord. No. 6611.

§ 1a. Transfer of activities, employees, records,
etc., from Bureau of Foreign and Domestic
Commerce to the United States Bureau of
Mines
There is hereby transferred from the Department of Commerce, Bureau of Foreign and Domestic Commerce, to the Department of the Interior, United States Bureau of Mines, all those
activities of the Minerals Division of the Bureau
of Foreign and Domestic Commerce concerned
with economic and statistical analyses of mineral commodities, domestic and foreign, together with all employees, records, files, equip-

Page 3

TITLE 30—MINERAL LANDS AND MINING

ment, publications, and funds pertaining thereto, effective immediately.
(May 9, 1935, ch. 101, § 1, 49 Stat. 205; Pub. L.
102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

§ 2. Performance of duties in absence of director
On and after July 1, 1916, in the absence of the
Director of the United States Bureau of Mines
the assistant director of said bureau shall perform the duties of the director during the latter’s absence, and in the absence of the Director
and of the Assistant Director of the United
States Bureau of Mines the Secretary of the Interior may designate some officer of said bureau
to perform the duties of the director during his
absence.
(July 1, 1916, ch. 209, § 1, 39 Stat. 303; Ex. Ord. No.
4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934;
Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat.
172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

§ 3. Duties of United States Bureau of Mines
It shall be the province and duty of the United
States Bureau of Mines, subject to the approval
of the Secretary of the Interior, to conduct inquiries and scientific and technologic investigations concerning mining, and the preparation,
treatment, and utilization of mineral substances
with a view to improving health conditions, and
increasing safety, efficiency, economic development, and conserving resources through the prevention of waste in the mining, quarrying, metallurgical, and other mineral industries; to inquire into the economic conditions affecting
these industries; to investigate explosives and
peat; and on behalf of the Government to investigate the mineral fuels and unfinished mineral
products belonging to, or for the use of, the
United States, with a view to their most efficient mining, preparation, treatment, and use;
and to disseminate information concerning
these subjects in such manner as will best carry
out the purposes of the provisions of sections 1,
3, and 5 to 7 of this title.
(May 16, 1910, ch. 240, § 2, 36 Stat. 370; Feb. 25,
1913, ch. 72, § 2, 37 Stat. 681; Ex. Ord. No. 4239,
June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934; Pub.
L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.

§ 4b

For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

§ 4. Investigation of lignite coal and peat
The Secretary of the Interior is authorized and
directed to make experiments and investigations, through the United States Bureau of
Mines, of lignite coals and peat, to determine
the commercial and economic practicability of
their utilization in producing fuel oil, gasoline
substitutes, ammonia, tar, solid fuels, gas for
power, and other purposes. The Secretary of the
Interior is authorized and directed subject to applicable regulations under chapters 1 to 11 of
title 40 and division C (except sections 3302,
3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and
4711) of subtitle I of title 41 to sell or otherwise
dispose of any property, plant, or machinery
purchased or acquired under the provisions of
this section, as soon as the experiments and investigations authorized have been concluded,
and report the results of such experiments and
investigations to Congress.
(Feb. 25, 1919, ch. 23, §§ 1, 2, 40 Stat. 1154; Ex. Ord.
No. 4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22,
1934; Oct. 31, 1951, ch. 654, § 2(18), 65 Stat. 707;
Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat.
172.)
CODIFICATION
In text, ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104,
4710, and 4711) of subtitle I of title 41’’ substituted for
‘‘the Federal Property and Administrative Services Act
of 1949, as amended’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted
Title 40, Public Buildings, Property, and Works, and
Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which
Act enacted Title 41, Public Contracts.
First sentence of this section is from first clause of
section 1 of act Feb. 25, 1919. Second sentence is from
section 2 of said act.
AMENDMENTS
1951—Act Oct. 31, 1951, inserted reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended.
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

§ 4a. Omitted
CODIFICATION
Section, act June 25, 1926, ch. 674, § 1, 44 Stat. 768, authorized appropriation of $100,000 for fiscal year ending
June 30, 1927, and the four succeeding fiscal years for
investigation of potash deposits.

§ 4b. Cooperation with individuals, municipalities, etc.; contracts with owners; agreements
as to prices
The Secretary of the Interior and the Secretary of Commerce jointly are hereby authorized, within their discretion, to cooperate under

§ 4c

TITLE 30—MINERAL LANDS AND MINING

formal agreement with individuals, associations,
corporations, States, and municipalities, educational institutions, or other bodies, for the
purposes of this section: Provided, That before
undertaking drilling operations upon any tract
or tracts of land, the mineral deposits of which
are not the property of the United States, the
Secretary of the Interior and the Secretary of
Commerce jointly shall enter into a contract or
contracts with the owners or lessees, or both, of
the mineral rights therein, and the aforesaid
contract or contracts shall provide, among other
things, that, if deposits of potash minerals or oil
shall be discovered in pursuance of operations
under said contract or contracts and if and when
said mineral deposits shall be mined and sold,
the owners or lessees, or both, of said mineral
rights shall pay to the Government and its cooperators a royalty of not less than 21⁄2 per centum of the sale value of any potash minerals and
oil therefrom, said payments to continue until
such time as the total amount derived from said
royalty is equal to not more than the cost of the
exploration, as may be determined by the Secretary of the Interior and the Secretary of Commerce jointly: Provided further, That all Federal
claims for reimbursement under this section
shall automatically expire twenty years from
the date of approval of the contracts entered
into, in accordance with the provisions thereof,
unless sooner terminated by agreement between
the owners or lessees of the potash mineral
rights and oil and the Secretary of the Interior
and the Secretary of Commerce jointly: Provided
further, That said contract or contracts shall not
restrict the Secretary of the Interior and the
Secretary of Commerce jointly in the choice of
drilling locations within the property or in the
conduct of the exploratory operations, so long
as such selection or conduct do not interfere unreasonably with the surface of the land or with
the improvements thereof, and said contract or
contracts shall provide that the United States
shall not be liable for damages on account of
such reasonable use of the surface as may be
necessary in the proper conduct of the work.
(June 25, 1926, ch. 674, § 2, 44 Stat. 768; Mar. 3,
1927, ch. 356, 44 Stat. 1388.)
AMENDMENTS
1927—Act Mar. 3, 1927, amended provisions generally.

§ 4c. Investigation of sub-bituminous and lignite
coal
The United States Bureau of Mines, under the
general direction of the Secretary of the Interior, is authorized to conduct investigations,
studies, and experiments on its own initiative
and in cooperation with individuals, State institutions, laboratories, and other organizations,
with a view to (1) the development of a commercially practicable carbonization method of processing sub-bituminous and lignite coal so as to
convert such coal into an all-purpose fuel, to
provide fertilizers, and obtain such other byproducts thereof as may be commercially valuable; (2) the development of efficient methods,
equipment, and devices for burning lignite or
char therefrom; and (3) determining and developing methods for more efficient utilization of

Page 4

such sub-bituminous and lignite coal for purposes of generating electric power.
(May 15, 1936, ch. 397, § 1, 49 Stat. 1275; Pub. L.
102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

§ 4d. Plants, machinery, and equipment
The United States Bureau of Mines is further
authorized, under the general direction of the
Secretary of the Interior, to erect such plants,
construct and purchase such machinery and
equipment, and to take such other steps as it
may deem necessary and proper to effectuate
the purposes of section 4c of this title.
(May 15, 1936, ch. 397, § 2, 49 Stat. 1275; Pub. L.
102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

§ 4e. Omitted
CODIFICATION
Section, act May 15, 1936, ch. 397, § 3, 49 Stat. 1275, appropriated $100,000 for carrying out provisions of sections 4c and 4d of this title to be expended during certain fiscal years, the last ending June 30, 1939.

§§ 4f to 4o. Transferred
CODIFICATION
Sections 4f to 4o were transferred to sections 451 to
460, respectively, of this title, and subsequently repealed by Pub. L. 91–173, title V, § 509, Dec. 30, 1969, 83
Stat. 803.

§ 5. Reports of investigations
The Director of the United States Bureau of
Mines shall prepare and publish, subject to the
direction of the Secretary of the Interior, under
the appropriations made from time to time by
Congress, reports of inquiries and investigations, with appropriate recommendations of the
bureau, concerning the nature, causes, and prevention of accidents, and the improvement of
conditions, methods, and equipment, with special reference to health, safety, and prevention
of waste in the mining, quarrying, metallurgical, and other mineral industries; the use of
explosives and electricity, safety methods and
appliances, and rescue and first-aid work in said
industries; the causes and prevention of mine
fires; and other subjects included under the provisions of sections 1, 3, and 5 to 7 of this title.
(May 16, 1910, ch. 240, § 3, 36 Stat. 370; Feb. 25,
1913, ch. 72, § 3, 37 Stat. 681; Ex. Ord. No. 4239,
June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934; Pub.
L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.)

Page 5

TITLE 30—MINERAL LANDS AND MINING

§9

CHANGE OF NAME

CHANGE OF NAME

‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

§ 6. Personal interest of director and members of
Bureau in mines
In conducting inquiries and investigations authorized under sections 1, 3, and 5 to 7 of this
title neither the director nor any member of the
United States Bureau of Mines shall have any
personal or private interest in any mine or the
products of any mine under investigation, or
shall accept employment from any private party
for services in the examination of any mine or
private mineral property, or issue any report as
to the valuation or the management of any mine
or other private mineral property. Nothing herein shall be construed as preventing the temporary employment by the United States Bureau
of Mines, at a compensation not to exceed $10
per day, in a consulting capacity or in the investigation of special subjects, of any engineer or
other expert whose principal professional practice is outside of such employment by said bureau.
(May 16, 1910, ch. 240, § 4, 36 Stat. 370; Feb. 25,
1913, ch. 72, § 4, 37 Stat. 682; Pub. L. 102–285,
§ 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

§ 7. Fees for tests or investigations
For tests or investigations authorized by the
Secretary of the Interior under the provisions of
sections 1, 3, and 5 to 7 of this title, except those
performed for the Government of the United
States or State governments within the United
States, a fee sufficient in each case to compensate the United States Bureau of Mines for
the entire cost of the services rendered shall be
charged, according to a schedule prepared by the
Director of the United States Bureau of Mines
and approved by the Secretary of the Interior,
who shall prescribe rules and regulations under
which such tests and investigations may be
made. All moneys received from such sources
shall be paid into the Treasury to the credit of
miscellaneous receipts.
(May 16, 1910, ch. 240, § 5, 36 Stat. 370; Feb. 25,
1913, ch. 72, § 5, 37 Stat. 682; June 30, 1932, ch. 314,
§ 311, 47 Stat. 410; Ex. Ord. No. 4239, June 4, 1935;
Ex. Ord. No. 6611, Feb. 22, 1934; Pub. L. 102–285,
§ 10(b), May 18, 1992, 106 Stat. 172.)
AMENDMENTS
1932—Act June 30, 1932, substituted ‘‘Secretary of
Commerce’’ for ‘‘Secretary of the Interior’’ and
changed a reasonable fee to be charged to a fee sufficient to compensate for entire cost of services rendered.

EFFECTIVE DATE OF 1932 AMENDMENT
Amendment by act June 30, 1932, effective July 1,
1932, see section 314 of that act.

§ 8. Additional mining experiment stations and
mine safety stations authorized
The Secretary of the Interior is hereby authorized and directed to establish and maintain
in the several important mining regions of the
United States and the Territory of Alaska, as
Congress may appropriate for the necessary employees and other expenses, under the United
States Bureau of Mines and in accordance with
the provisions of sections 1, 3, and 5 to 7 of this
title, ten mining experiment stations and seven
mine safety stations, movable or stationary, in
addition to those established prior to March 3,
1915, the province and duty of which shall be to
make investigations and disseminate information with a view to improving conditions in the
mining, quarrying, metallurgical, and other
mineral industries, safeguarding life among employees, preventing unnecessary waste of resources, and otherwise contributing to the advancement of these industries. Not more than
three mining experiment stations and mine safety stations authorized in this section shall be established in any one fiscal year under the appropriations made therefor.
(Mar. 3, 1915, ch. 95, § 1, 38 Stat. 959; Ex. Ord. No.
4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934;
Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat.
172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.
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.

§ 9. Acceptance of lands from States
The Secretary of the Interior is authorized to
accept lands, buildings, or other contributions
from the several States offering to cooperate in
carrying out the purposes of section 8 of this
title.
(Mar. 3, 1915, ch. 95, § 2, 38 Stat. 959; Ex. Ord. No.
6611, Feb. 22, 1934.)
TRANSFER OF FUNCTIONS
See note set out under section 1 of this title.

TITLE 30—MINERAL LANDS AND MINING

§ 10

§ 10. Headquarters of mine rescue cars; site for
experimental work; leases and donations
The Secretary of the Interior is authorized to
accept any suitable land or lands, buildings, or
improvements that may be donated for the
headquarters of mine rescue cars and construction of necessary railway sidings and housing for
the same, or as the site of an experimental mine
and plant for studying explosives, and to enter
into leases for periods not exceeding ten years,
subject to annual appropriations by Congress.
(June 5, 1920, ch. 235, § 1, 41 Stat. 912; Ex. Ord. No.
6611, Feb. 22, 1934.)
TRANSFER OF FUNCTIONS
See note set out under section 1 of this title.

§ 11. Omitted
CODIFICATION
Section, act May 9, 1938, ch. 187, § 1, 52 Stat. 329, providing that purchase of supplies and equipment or procurement of services for Bureau of Mines might be
made in open market without compliance with section
5 of former Title 41, Public Contracts, where amount
involved did not exceed $100, was a provision of Interior
Department appropriation act and was discontinued in
acts subsequent to 1938 appropriation act.

§ 12. Repealed. Oct. 25, 1951, ch. 562, § 1(16), 65
Stat. 638
Section, act Aug. 13, 1946, ch. 961, 60 Stat. 1057, related to preservation of technical and economic records of
domestic sources of ores of metals and minerals. See
sections 2103, 2908, and 3102 of Title 44, Public Printing
and Documents.

§ 13. Research laboratory for utilization of anthracite coal; establishment and maintenance
The Secretary of the Interior, acting through
the United States Bureau of Mines, is authorized
and directed to establish, equip, and maintain a
research laboratory in the anthracite region of
Pennsylvania to conduct researches and investigations on the mining, preparation, and utilization of anthracite coal and to develop new scientific, chemical, and technical uses and new
and extended markets and outlets for anthracite
coal and its products. Such laboratory shall be
planned as a center for information and assistance in matters pertaining to conserving resources for national defense; to the more efficient mining, preparation, and utilization of anthracite coal; and pertaining to safety, health,
and sanitation in mining operations and other
matters relating to problems of the anthracite
industry.
(Dec. 18, 1942, ch. 764, § 1, 56 Stat. 1056.)
TRANSFER OF FUNCTIONS
For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see
note set out under section 1 of this title.
AUTHORIZATION OF APPROPRIATIONS
Section 5 of act Dec. 18, 1942, provided that: ‘‘In order
to carry out the purposes of this Act [sections 13 to 16
of this title] there is authorized to be appropriated, out
of any money in the Treasury not otherwise appropriated, the sum of (a) $450,000 for the erection and

Page 6

equipment of a building or buildings, including plumbing, lighting, heating, general service, and experimental equipment and apparatus, the necessary roads,
walks, and ground improvement, and land for the site
of the building if no land is donated; and (b) $175,000 annually for the maintenance and operation of the experimental station, including personal services, supplies,
equipment, and expenses of travel and subsistence.’’

§ 14. Acquisition of land; cooperation with other
agencies
For the purpose of sections 13 to 16 of this title
the Secretary, acting through the United States
Bureau of Mines, is authorized to acquire land
and interests therein, and to accept in the name
of the United States donations of any property,
real or personal, and to utilize voluntary or uncompensated services at such laboratory. The
Secretary is authorized and directed to cooperate with other departments or agencies of the
Federal Government, States, and State agencies
and institutions, counties, municipalities, business or other organizations, corporations, associations, universities, scientific societies, and
individuals, upon such terms and conditions as
he may prescribe.
(Dec. 18, 1942, ch. 764, § 2, 56 Stat. 1057.)
TRANSFER OF FUNCTIONS
For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see
note set out under section 1 of this title.

§ 15. Repealed. Pub. L. 86–533, § 1(17), June 29,
1960, 74 Stat. 248
Section, act Dec. 18, 1942, ch. 764, § 3, 56 Stat. 1057, related to reports to Congress of expenditures and donations to laboratory established under sections 13 to 16
of this title.

§ 16. Research laboratory for utilization of anthracite coal; establishment of advisory committee; composition; functions; appointment
The Secretary of the Interior, acting through
the United States Bureau of Mines, may, in his
discretion, create and establish an advisory
committee composed of not more than six members to exercise consultative functions, when required by the Secretary, in connection with the
administration of sections 13 to 16 of this title.
The said committee shall be composed of representatives of anthracite coal mine owners, of
representatives of anthracite coal mine workers
and the public in equal number. The members of
said committee shall be appointed by the Secretary of the Interior without regard to the
civil-service laws.
(Dec. 18, 1942, ch. 764, § 4, 56 Stat. 1057.)
TRANSFER OF FUNCTIONS
For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see
note set out under section 1 of this title.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period following Jan. 5, 1973, unless, in the case of a
committee established by the President or an officer of
the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2year period, or in the case of a committee established

Page 7

TITLE 30—MINERAL LANDS AND MINING

by the Congress, its duration is otherwise provided by
law. Advisory committees established after Jan. 5, 1973,
to terminate not later than the expiration of the 2-year
period beginning on the date of their establishment,
unless, in the case of a committee established by the
President or an officer of the Federal Government, such
committee is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of
a committee established by the Congress, its duration
is otherwise provided for by law. See section 14 of Pub.
L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

Sec.

35.

36.

37.

CHAPTER 2—MINERAL LANDS AND
REGULATIONS IN GENERAL
38.

Sec.

21.
21a.

22.
23.
24.
25.
26.
27.
28.

28–1.

28–2.
28a.
28b.
28c.
28d.
28e.
28f.
28g.
28h.
28i.
28j.
28k.
28l.
29.

30.

31.
32.
33.
34.

Mineral lands reserved.
National mining and minerals policy; ‘‘minerals’’ defined; execution of policy under
other authorized programs.
Lands open to purchase by citizens.
Length of claims on veins or lodes.
Proof of citizenship.
Affidavit of citizenship.
Locators’ rights of possession and enjoyment.
Mining tunnels; right to possession of veins
on line with; abandonment of right.
Mining district regulations by miners: location, recordation, and amount of work;
marking of location on ground; records; annual labor or improvements on claims pending issue of patent; co-owner’s succession in
interest upon delinquency in contributing
proportion of expenditures; tunnel as lode
expenditure.
Inclusion of certain surveys in labor requirements of mining claims; conditions and restrictions.
Definitions.
Omitted.
Annual assessment work on mining claims;
temporary deferment; conditions.
Length and termination of deferment.
Performance of deferred work.
Recordation of deferment.
Fee.
Location fee.
Co-ownership.
Failure to pay.
Other requirements.
Regulations.
Collection of mining law administration fees.
Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting plat and notice
on claim; publication and posting notice in
office; certificate; adverse claims; payment
per acre; objections; nonresident claimant’s
agent for execution of application and affidavits.
Adverse claims; oath of claimants; requisites;
waiver; stay of land office proceedings; judicial determination of right of possession;
successful claimants’ filing of judgment
roll, certificate of labor, and description of
claim in land office, and acreage and fee
payments; issuance of patents for entire or
partial claims upon certification of land office proceedings and judgment roll; alienation of patent title.
Oath: agent or attorney in fact, beyond district of claim.
Findings by jury; costs.
Existing rights.
Description of vein claims on surveyed and
unsurveyed lands; monuments on ground to
govern conflicting calls.

§ 21

39.
40.
41.
42.

43.
44, 45.
46.
47.
48.
49.
49a.

49b.
49c.
49d.
49e.

49f.
50.
51.

52.
53.
54.

Placer claims; entry and proceedings for patent under provisions applicable to vein or
lode claims; conforming entry to legal subdivisions and surveys; limitation of claims;
homestead entry of segregated agricultural
land.
Subdivisions of 10-acre tracts; maximum of
placer locations; homestead claims of agricultural lands; sale of improvements.
Proceedings for patent where boundaries contain vein or lode; application; statement including vein or lode; issuance of patent:
acreage payments for vein or lode and placer claim; costs of proceedings; knowledge
affecting construction of application and
scope of patent.
Evidence of possession and work to establish
right to patent.
Surveyors of mining claims.
Verification of affidavits.
Intersecting or crossing veins.
Patents for nonmineral lands: application,
survey, notice, acreage limitation, payment.
Conditions of sale by local legislature.
Omitted.
Additional land districts and officers.
Impairment of rights or interests in certain
mining property.
Lands in Michigan, Wisconsin, and Minnesota; sale and disposal as public lands.
Lands in Missouri and Kansas; disposal as agricultural lands.
Mining laws of United States extended to
Alaska; exploration and mining for precious
metals; regulations; conflict of laws; permits; dumping tailings; pumping from sea;
reservation of roadway; title to land below
line of high tide or high-water mark; transfer of title to future State.
Mining laws relating to placer claims extended to Alaska.
Recording notices of location of Alaskan mining claims.
Miners’ regulations for recording notices in
Alaska; certain records legalized.
Annual labor or improvements on Alaskan
mining claims; affidavits; burden of proof;
forfeitures; location anew of claims; perjury.
Fees of recorders in Alaska for filing proofs of
work and improvements.
Grants to States or corporations not to include mineral lands.
Water users’ vested and accrued rights; enumeration of uses; protection of interest;
rights-of-way for canals and ditches; liability for injury or damage to settlers’ possession.
Patents or homesteads subject to vested and
accrued water rights.
Possessory actions for recovery of mining
titles or for damages to such title.
Liability for damages to stock raising and
homestead entries by mining activities.

§ 21. Mineral lands reserved
In all cases lands valuable for minerals shall
be reserved from sale, except as otherwise expressly directed by law.
(R.S. § 2318.)
CODIFICATION
R.S. § 2318 derived from act July 4, 1866, ch. 166, § 5, 14
Stat. 86.

§ 21a

TITLE 30—MINERAL LANDS AND MINING

§ 21a. National mining and minerals policy; ‘‘minerals’’ defined; execution of policy under
other authorized programs
The Congress declares that it is the continuing
policy of the Federal Government in the national interest to foster and encourage private
enterprise in (1) the development of economically sound and stable domestic mining, minerals, metal and mineral reclamation industries,
(2) the orderly and economic development of domestic mineral resources, reserves, and reclamation of metals and minerals to help assure satisfaction of industrial, security and environmental needs, (3) mining, mineral, and metallurgical research, including the use and recycling
of scrap to promote the wise and efficient use of
our natural and reclaimable mineral resources,
and (4) the study and development of methods
for the disposal, control, and reclamation of
mineral waste products, and the reclamation of
mined land, so as to lessen any adverse impact
of mineral extraction and processing upon the
physical environment that may result from mining or mineral activities.
For the purpose of this section ‘‘minerals’’
shall include all minerals and mineral fuels including oil, gas, coal, oil shale and uranium.
It shall be the responsibility of the Secretary
of the Interior to carry out this policy when exercising his authority under such programs as
may be authorized by law other than this section.
(Pub. L. 91–631, title I, § 101, formerly § 2, Dec. 31,
1970, 84 Stat. 1876; Pub. L. 104–66, title I, § 1081(b),
Dec. 21, 1995, 109 Stat. 721; renumbered title I,
§ 101, Pub. L. 104–325, § 2(1), (2), Oct. 19, 1996, 110
Stat. 3994.)

Page 8

Words ‘‘Except as otherwise provided,’’ were editorially supplied on authority of act Feb. 25, 1920, ch.
85, 41 Stat. 437, popularly known as the Mineral Lands
Leasing Act, which is classified to chapter 3A (§ 181 et
seq.) of this title.
SHORT TITLE
Sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 43,
and 47 of this title are based on sections of the Revised
Statutes which are derived from act May 10, 1872, ch.
152, 17 Stat. 91, popularly known as the ‘‘General Mining Act of 1872’’ and as the ‘‘Mining Law of 1872’’.

§ 23. Length of claims on veins or lodes
Mining claims upon veins or lodes of quartz or
other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits,
located prior to May 10, 1872, shall be governed
as to length along the vein or lode by the customs, regulations, and laws in force at the date
of their location. A mining claim located after
the 10th day of May 1872, whether located by one
or more persons, may equal, but shall not exceed, one thousand five hundred feet in length
along the vein or lode; but no location of a mining claim shall be made until the discovery of
the vein or lode within the limits of the claim
located. No claim shall extend more than three
hundred feet on each side of the middle of the
vein at the surface, nor shall any claim be limited by any mining regulation to less than twenty-five feet on each side of the middle of the
vein at the surface, except where adverse rights
existing on the 10th day of May 1872 render such
limitation necessary. The end lines of each
claim shall be parallel to each other.
(R.S. § 2320.)

AMENDMENTS

CODIFICATION

1995—Pub. L. 104–66 in last par. struck out at end
‘‘For this purpose the Secretary of the Interior shall include in his annual report to the Congress a report on
the state of the domestic mining, minerals, and mineral reclamation industries, including a statement of
the trend in utilization and depletion of these resources, together with such recommendations for legislative programs as may be necessary to implement the
policy of this section.’’

R.S. § 2320 derived from act May 10, 1872, ch. 152, § 2,
17 Stat. 91.

SHORT TITLE
Section 1 of Pub. L. 91–631 provided: ‘‘That this Act
[enacting this section] may be cited as the ‘Mining and
Minerals Policy Act of 1970’.’’

§ 22. Lands open to purchase by citizens
Except as otherwise provided, all valuable
mineral deposits in lands belonging to the
United States, both surveyed and unsurveyed,
shall be free and open to exploration and purchase, and the lands in which they are found to
occupation and purchase, by citizens of the
United States and those who have declared their
intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining
districts, so far as the same are applicable and
not inconsistent with the laws of the United
States.

§ 24. Proof of citizenship
Proof of citizenship, under sections 21, 22 to 24,
26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this
title and section 661 of title 43, may consist, in
the case of an individual, of his own affidavit
thereof; in the case of an association of persons
unincorporated, of the affidavit of their authorized agent, made on his own knowledge, or upon
information and belief; and in the case of a corporation organized under the laws of the United
States, or of any State or Territory thereof, by
the filing of a certified copy of their charter or
certificate of incorporation.
(R.S. § 2321.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2321 derived from act May 10, 1872, ch. 152, § 7,
17 Stat. 94.

(R.S. § 2319.)
CODIFICATION
R.S. § 2319 derived from act May 10, 1872, ch. 152, § 1,
17 Stat. 91.

§ 25. Affidavit of citizenship
Applicants for mineral patents, if residing beyond the limits of the district wherein the claim

Page 9

TITLE 30—MINERAL LANDS AND MINING

is situated, may make any oath or affidavit required for proof of citizenship before the clerk of
any court of record or before any notary public
of any State or Territory.
(Apr. 26, 1882, ch. 106, § 2, 22 Stat. 49.)
§ 26. Locators’ rights of possession and enjoyment
The locators of all mining locations made on
any mineral vein, lode, or ledge, situated on the
public domain, their heirs and assigns, where no
adverse claim existed on the 10th day of May
1872 so long as they comply with the laws of the
United States, and with State, territorial, and
local regulations not in conflict with the laws of
the United States governing their possessory
title, shall have the exclusive right of possession
and enjoyment of all the surface included within
the lines of their locations, and of all veins,
lodes, and ledges throughout their entire depth,
the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far
depart from a perpendicular in their course
downward as to extend outside the vertical side
lines of such surface locations. But their right of
possession to such outside parts of such veins or
ledges shall be confined to such portions thereof
as lie between vertical planes drawn downward
as above described, through the end lines of
their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. Nothing in
this section shall authorize the locator or possessor of a vein or lode which extends in its
downward course beyond the vertical lines of his
claim to enter upon the surface of a claim owned
or possessed by another.
(R.S. § 2322.)
CODIFICATION
R.S. § 2322 derived from act May 10, 1872, ch. 152, § 3,
17 Stat. 91.

§ 27. Mining tunnels; right to possession of veins
on line with; abandonment of right
Where a tunnel is run for the development of
a vein or lode, or for the discovery of mines, the
owners of such tunnel shall have the right of
possession of all veins or lodes within three
thousand feet from the face of such tunnel on
the line thereof, not previously known to exist,
discovered in such tunnel, to the same extent as
if discovered from the surface; and locations on
the line of such tunnel of veins or lodes not appearing on the surface, made by other parties
after the commencement of the tunnel, and
while the same is being prosecuted with reasonable diligence, shall be invalid; but failure to
prosecute the work on the tunnel for six months
shall be considered as an abandonment of the
right to all undiscovered veins on the line of
such tunnel.
(R.S. § 2323.)
CODIFICATION
R.S. § 2323 derived from act May 10, 1872, ch. 152, § 4,
17 Stat. 92.
SHORT TITLE
This section is popularly known as the Tunnel Site
Act.

§ 28

§ 28. Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records; annual
labor or improvements on claims pending
issue of patent; co-owner’s succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure
The miners of each mining district may make
regulations not in conflict with the laws of the
United States, or with the laws of the State or
Territory in which the district is situated, governing the location, manner of recording,
amount of work necessary to hold possession of
a mining claim, subject to the following requirements: The location must be distinctly marked
on the ground so that its boundaries can be
readily traced. All records of mining claims
made after May 10, 1872, shall contain the name
or names of the locators, the date of the location, and such a description of the claim or
claims located by reference to some natural object or permanent monument as will identify
the claim. On each claim located after the 10th
day of May 1872, that is granted a waiver under
section 28f of this title, and until a patent has
been issued therefor, not less than $100 worth of
labor shall be performed or improvements made
during each year. On all claims located prior to
the 10th day of May 1872, $10 worth of labor shall
be performed or improvements made each year,
for each one hundred feet in length along the
vein until a patent has been issued therefor; but
where such claims are held in common, such expenditure may be made upon any one claim; and
upon a failure to comply with these conditions,
the claim or mine upon which such failure occurred shall be open to relocation in the same
manner as if no location of the same had ever
been made, provided that the original locators,
their heirs, assigns, or legal representatives,
have not resumed work upon the claim after
failure and before such location. Upon the failure of any one of several coowners to contribute
his proportion of the expenditures required hereby, the coowners who have performed the labor
or made the improvements may, at the expiration of the year, give such delinquent co-owner
personal notice in writing or notice by publication in the newspaper published nearest the
claim, for at least once a week for ninety days,
and if at the expiration of ninety days after such
notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the
property of his co-owners who have made the required expenditures. The period within which
the work required to be done annually on all unpatented mineral claims located since May 10,
1872, including such claims in the Territory of
Alaska, shall commence at 12:01 ante meridian
on the first day of September succeeding the
date of location of such claim.
Where a person or company has or may run a
tunnel for the purposes of developing a lode or
lodes, owned by said person or company, the
money so expended in said tunnel shall be taken
and considered as expended on said lode or lodes,
whether located prior to or since May 10, 1872;

§ 28–1

TITLE 30—MINERAL LANDS AND MINING

and such person or company shall not be required to perform work on the surface of said
lode or lodes in order to hold the same as required by this section. On all such valid claims
the annual period ending December 31, 1921,
shall continue to 12 o’clock meridian July 1,
1922.
(R.S. § 2324; Feb. 11, 1875, ch. 41, 18 Stat. 315; Jan.
22, 1880, ch. 9, § 2, 21 Stat. 61; Aug. 24, 1921, ch. 84,
42 Stat. 186; Pub. L. 85–736, § 1, Aug. 23, 1958, 72
Stat. 829; Pub. L. 103–66, title X, § 10105(b), Aug.
10, 1993, 107 Stat. 406; Pub. L. 110–161, div. F, title
I, (1), Dec. 26, 2007, 121 Stat. 2101.)
CODIFICATION
R.S. § 2324 derived from act May 10, 1872, ch. 152, § 5,
17 Stat. 92.
Pub. L. 110–161, which directed the amendment of section 28 of title 30, United States Code, ‘‘in section 28’’,
was executed by making the amendment to R.S. § 2324,
which is classified to this section, to reflect the probable intent of Congress. See 2007 Amendment note
below.
AMENDMENTS
2007—Pub. L. 110–161 substituted ‘‘shall commence at
12:01 ante meridian on the first day of September’’ for
‘‘shall commence at 12 o’clock meridian on the 1st day
of September’’. See Codification note above.
1993—Pub. L. 103–66 inserted ‘‘that is granted a waiver
under section 28f of this title,’’ after ‘‘On each claim located after the 10th day of May 1872,’’.
1958—Pub. L. 85–736 changed period for doing annual
assessment work on unpatented mineral claims, substituting ‘‘1st day of September’’ for ‘‘1st day of July’’.
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.
ASSESSMENT WORK YEARS, 1957–58 AND 1958–59
Section 2 of Pub. L. 85–736 provided that the period
commencing in 1957 for the performance of annual assessment work under this section shall end at 12
o’clock meridian on the 1st day of July 1958, and the period commencing in 1958 for the performance of such
annual assessment work shall commence at 12 o’clock
meridian on the 1st day of July 1958, and shall continue
to 12 o’clock meridian on Sept. 1, 1959.

§ 28–1. Inclusion of certain surveys in labor requirements of mining claims; conditions and
restrictions
The term ‘‘labor’’, as used in the third sentence of section 28 of this title, shall include,
without being limited to, geological, geochemical and geophysical surveys conducted by
qualified experts and verified by a detailed report filed in the county office in which the claim
is located which sets forth fully (a) the location
of the work performed in relation to the point of
discovery and boundaries of the claim, (b) the
nature, extent, and cost thereof, (c) the basic
findings therefrom, and (d) the name, address,
and professional background of the person or
persons conducting the work. Such surveys,
however, may not be applied as labor for more
than two consecutive years or for more than a
total of five years on any one mining claim, and
each such survey shall be nonrepetitive of any
previous survey on the same claim.

Page 10

(Pub. L. 85–876, § 1, Sept. 2, 1958, 72 Stat. 1701.)
§ 28–2. Definitions
As used in section 28–1 of this title,
(a) The term ‘‘geological surveys’’ means surveys on the ground for mineral deposits by the
proper application of the principles and techniques of the science of geology as they relate to
the search for and discovery of mineral deposits;
(b) The term ‘‘geochemical surveys’’ means
surveys on the ground for mineral deposits by
the proper application of the principles and
techniques of the science of chemistry as they
relate to the search for and discovery of mineral
deposits;
(c) The term ‘‘geophysical surveys’’ means
surveys on the ground for mineral deposits
through the employment of generally recognized
equipment and methods for measuring physical
differences between rock types or discontinuities in geological formations;
(d) The term ‘‘qualified expert’’ means an individual qualified by education or experience to
conduct geological, geochemical or geophysical
surveys, as the case may be.
(Pub. L. 85–876, § 2, Sept. 2, 1958, 72 Stat. 1701.)
§ 28a. Omitted
CODIFICATION
Section, act June 29, 1950, ch. 404, 64 Stat. 275, provided for extension of time of annual assessment work,
on mining claims in the United States, including Alaska, for period commencing July 1, 1949, until 12 o’clock
noon Oct. 1, 1950, and also provided for commencement
of assessment work or improvements required for year
ending 12 o’clock noon July 1, 1951, immediately following 12 o’clock noon July 1, 1950. See sections 28b to 28e
of this title.

§ 28b. Annual assessment work on mining claims;
temporary deferment; conditions
The performance of not less than $100 worth of
labor or the making of improvements aggregating such amount, which labor or improvements
are required under the provisions of section 28 of
this title to be made during each year, may be
deferred by the Secretary of the Interior as to
any mining claim or group of claims in the
United States upon the submission by the claimant of evidence satisfactory to the Secretary
that such mining claim or group of claims is
surrounded by lands over which a right-of-way
for the performance of such assessment work
has been denied or is in litigation or is in the
process of acquisition under State law or that
other legal impediments exist which affect the
right of the claimant to enter upon the surface
of such claim or group of claims or to gain access to the boundaries thereof.
(June 21, 1949, ch. 232, § 1, 63 Stat. 214.)
§ 28c. Length and termination of deferment
The period for which said deferment may be
granted shall end when the conditions justifying
deferment have been removed: Provided, That
the initial period shall not exceed one year but
may be renewed for a further period of one year
if justifiable conditions exist: Provided further,
That the relief available under sections 28b to

Page 11

TITLE 30—MINERAL LANDS AND MINING

28e of this title is in addition to any relief available under any other Act of Congress with respect to mining claims.
(June 21, 1949, ch. 232, § 2, 63 Stat. 215.)
§ 28d. Performance of deferred work
All deferred assessment work shall be performed not later than the end of the assessment
year next subsequent to the removal or cessation of the causes for deferment or the expiration of any deferments granted under sections
28b to 28e of this title and shall be in addition to
the annual assessment work required by law in
such year.
(June 21, 1949, ch. 232, § 3, 63 Stat. 215.)
§ 28e. Recordation of deferment
Claimant shall file or record or cause to be
filed or recorded in the office where the notice
or certificate of location of such claim or group
of claims is filed or recorded, a notice to the
public of claimant’s petition to the Secretary of
the Interior for deferment under sections 28b to
28e of this title, and of the order or decision disposing of such petition.
(June 21, 1949, ch. 232, § 4, 63 Stat. 215.)
§ 28f. Fee
(a) Claim maintenance fee
(1) Lode mining claims, mill sites, and tunnel
sites
The holder of each unpatented lode mining
claim, mill site, or tunnel site, located pursuant to the mining laws of the United States on
or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September
1 of each year, to the extent provided in advance in appropriations Acts, a claim maintenance fee of $100 per claim or site, respectively. Such claim maintenance fee shall be in
lieu of the assessment work requirement contained in the Mining Law of 1872 (30 U.S.C.
28–28e) 1 and the related filing requirements
contained in section 1744(a) and (c) of title 43.
(2) Placer mining claims
The holder of each unpatented placer mining
claim located pursuant to the mining laws of
the United States located before, on, or after
August 10, 1993, shall pay to the Secretary of
the Interior, on or before September 1 of each
year, the claim maintenance fee described in
subsection (a),2 for each 20 acres of the placer
claim or portion thereof.
(b) Time of payment
The claim main tenance 3 fee under subsection
(a) shall be paid for the year in which the location is made, at the time the location notice is
recorded with the Bureau of Land Management.
The location fee imposed under section 28g of
this title shall be payable not later than 90 days
after the date of location.
(c) Oil shale claims subject to claim maintenance
fees under Energy Policy Act of 1992
This section shall not apply to any oil shale
claims for which a fee is required to be paid
1 See

References in Text note below.
in original. Probably should be ‘‘paragraph (1),’’.
3 So in original. Probably should be ‘‘maintenance’’.
2 So

§ 28f

under section 2511(e)(2) of the Energy Policy Act
of 1992 (Public Law 102–486; 106 Stat. 3111; 30
U.S.C. 242).
(d) Waiver
(1) The claim maintenance fee required under
this section may be waived for a claimant who
certifies in writing to the Secretary that on the
date the payment was due, the claimant and all
related parties—
(A) held not more than 10 mining claims,
mill sites, or tunnel sites, or any combination
thereof, on public lands; and
(B) have performed assessment work required under the Mining Law of 1872 (30 U.S.C.
28–28e) 1 to maintain the mining claims held by
the claimant and such related parties for the
assessment year ending on noon of September
1 of the calendar year in which payment of the
claim maintenance fee was due.
(2) For purposes of paragraph (1), with respect
to any claimant, the term ‘‘related party’’
means—
(A) the spouse and dependent children (as defined in section 152 of title 26), of the claimant; and
(B) a person who controls, is controlled by,
or is under common control with the claimant.
For purposes of this section, the term control
includes actual control, legal control, and the
power to exercise control, through or by common directors, officers, stockholders, a voting
trust, or a holding company or investment company, or any other means.
(3) If a small miner waiver application is determined to be defective for any reason, the
claimant shall have a period of 60 days after receipt of written notification of the defect or defects by the Bureau of Land Management to: (A)
cure such defect or defects, or (B) pay the $100
claim maintenance fee due for such period.
(Pub. L. 103–66, title X, § 10101, Aug. 10, 1993, 107
Stat. 405; Pub. L. 105–240, § 116, Sept. 25, 1998, 112
Stat. 1570; Pub. L. 105–277, div. A, § 101(e) [title I],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–235; Pub. L.
107–63, title I, (1), Nov. 5, 2001, 115 Stat. 418; Pub.
L. 108–108, title I, (1), Nov. 10, 2003, 117 Stat. 1245;
Pub. L. 110–161, div. F, title I, (2), Dec. 26, 2007,
121 Stat. 2101; Pub. L. 111–8, div. E, title I, Mar.
11, 2009, 123 Stat. 704; Pub. L. 111–88, div. A, title
I, Oct. 30, 2009, 123 Stat. 2907; Pub. L. 112–74, div.
E, title IV, § 430, Dec. 23, 2011, 125 Stat. 1047.)
REFERENCES IN TEXT
The Mining Law of 1872 (30 U.S.C. 28–28e), referred to
in subsecs. (a)(1) and (d)(1)(B), probably means act May
10, 1872, ch. 152, 17 Stat. 91. That act was incorporated
into the Revised Statutes as R.S. §§ 2319 to 2328, 2331,
2333 to 2337, and 2344, which are classified to sections 22
to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this
title. For complete classification of R.S. §§ 2319 to 2328,
2331, 2333 to 2337, and 2344 to the Code, see Tables.
CODIFICATION
Pub. L. 111–88, which directed the amendment of section 28f of title 30, United States Code, was executed by
making the amendment to section 10101 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 2009 Amendment note
below.
Pub. L. 110–161, which directed the amendment of section 28 of title 30, United States Code, ‘‘in section

§ 28g

TITLE 30—MINERAL LANDS AND MINING

28f(a),’’ was executed by making the amendment to section 10101 of Pub. L. 103–66, which is classified to this
section, to reflect the probable intent of Congress. See
2007 Amendment note below.
Pub. L. 108–108, which directed the amendment of section 28 of title 30, United States Code, ‘‘in section
28f(a),’’ was executed by making the amendment to section 10101 of Pub. L. 103–66, which is classified to this
section, to reflect the probable intent of Congress. See
2003 Amendment note below.
Pub. L. 107–63, which directed the amendment of section 28f of title 30, United States Code, was executed by
making the amendment to section 10101 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 2001 Amendment note
below.
Pub. L. 105–277, which directed the amendment of section 28f of title 30, United States Code, was executed by
making the amendment to section 10101 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 1998 Amendment notes
below.
Pub. L. 105–240, which directed the amendment of section 28f of title 30, United States Code, was executed by
making the amendment to section 10101 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 1998 Amendment note
below.
AMENDMENTS
2011—Subsec. (a)(1). Pub. L. 112–74, § 430(1)(A), designated existing provisions as par. (1) and substituted
‘‘The holder of each unpatented lode mining claim, mill
site, or tunnel site, located pursuant to the mining
laws of the United States on or after August 10, 1993,
shall pay to the Secretary of the Interior, on or before
September 1 of each year, to the extent provided in advance in appropriations Acts, a claim maintenance fee
of $100 per claim or site, respectively.’’ for ‘‘The holder
of each unpatented mining claim, mill, or tunnel site,
located pursuant to the mining laws of the United
States, whether located before, on or after August 10,
1993, shall pay to the Secretary of the Interior, on or
before September 1 of each year, to the extent provided
in advance in Appropriations Acts, a claim maintenance fee of $100 per claim or site’’.
Subsec. (a)(2). Pub. L. 112–74, § 430(1)(B), added par. (2).
Subsec. (b). Pub. L. 112–74, § 430(2), substituted ‘‘The
claim main tenance fee under subsection (a) shall be
paid for the year in which the location is made, at the
time the location notice is recorded with the Bureau of
Land Management.’’ for ‘‘The claim maintenance fee
payable pursuant to subsection (a) of this section for
any assessment year shall be paid before the commencement of the assessment year, except that for the
initial assessment year in which the location is made,
the locator shall pay the claim maintenance fee at the
time the location notice is recorded with the Bureau of
Land Management.’’
2009—Subsec. (a). Pub. L. 111–88 substituted ‘‘, to the
extent provided in advance in Appropriations Acts,’’ for
‘‘for years 2004 through 2008,’’. See Codification note
above.
Pub. L. 111–8, which directed the removal of the modifications made by Pub. L. 110–161, was executed by inserting ‘‘for years 2004 through 2008’’ after ‘‘before September 1 of each year’’. See 2007 Amendment note
below.
2007—Subsec. (a). Pub. L. 110–161 struck out ‘‘for
years 2004 through 2008’’ after ‘‘before September 1 of
each year’’. See Codification note above.
2003—Subsec. (a). Pub. L. 108–108 substituted ‘‘for
years 2004 through 2008’’ for ‘‘for years 2002 through
2003’’. See Codification note above.
2001—Subsec. (a). Pub. L. 107–63 substituted ‘‘The
holder of each unpatented mining claim, mill, or tunnel
site, located pursuant to the mining laws of the United
States, whether located before, on or after August 10,
1993, shall pay to the Secretary of the Interior, on or
before September 1 of each year for years 2002 through

Page 12

2003, a claim maintenance fee of $100 per claim or site’’
for ‘‘The holder of each unpatented mining claim, mill,
or tunnel site, located pursuant to the mining laws of
the United States, whether located before or after August 10, 1993, shall pay to the Secretary of the Interior,
on or before September 1 of each year for years 1999
through 2001, a claim maintenance fee of $100 per claim
or site.’’ See Codification note above.
1998—Subsec. (a). Pub. L. 105–277 added first sentence
and struck out former first sentence which read as follows: ‘‘The holder of each unpatented mining claim,
mill, or tunnel site located pursuant to the mining laws
of the United States before October 1, 1998 shall pay the
Secretary of the Interior, on or before September 1, 1999
a claim maintenance fee of $100 per claim site.’’ See
Codification note above.
Pub. L. 105–240 substituted ‘‘The holder of each unpatented mining claim, mill, or tunnel site located pursuant to the mining laws of the United States before
October 1, 1998 shall pay the Secretary of the Interior,
on or before September 1, 1999 a claim maintenance fee
of $100 per claim site.’’ for ‘‘The holder of each unpatented mining claim, mill or tunnel site located pursuant to the Mining Laws of the United States, whether
located before or after August 10, 1993, shall pay to the
Secretary of the Interior, on or before August 31 of
each year, for years 1994 through 1998, a claim maintenance fee of $100 per claim.’’ See Codification note
above.
Subsec. (d)(3). Pub. L. 105–277 added par. (3). See Codification note above.
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

§ 28g. Location fee
Notwithstanding any other provision of law,
for every unpatented mining claim, mill or tunnel site located after August 10, 1993, to the extent provided in advance in Appropriations Acts,
pursuant to the Mining Laws of the United
States, the locator shall, at the time the location notice is recorded with the Bureau of Land
Management, pay to the Secretary of the Interior a location fee, in addition to the claim
maintenance fee required by section 28f of this
title, of $25.00 per claim.
(Pub. L. 103–66, title X, § 10102, Aug. 10, 1993, 107
Stat. 406; Pub. L. 105–277, div. A, § 101(e) [title I],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–235; Pub. L.
107–63, title I, (2), Nov. 5, 2001, 115 Stat. 419; Pub.
L. 108–108, title I, (2), Nov. 10, 2003, 117 Stat. 1245;
Pub. L. 110–161, div. F, title I, (3), Dec. 26, 2007,
121 Stat. 2101; Pub. L. 111–8, div. E, title I, Mar.
11, 2009, 123 Stat. 704; Pub. L. 111–88, div. A, title
I, Oct. 30, 2009, 123 Stat. 2907.)
CODIFICATION
Pub. L. 111–88, which directed the amendment of section 28g of title 30, United States Code, was executed by
making the amendment to section 10102 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 2009 Amendment note
below.
Pub. L. 110–161, which directed the amendment of section 28 of title 30, United States Code, ‘‘in section 28g’’,
was executed by making the amendment to section
10102 of Pub. L. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 2007
Amendment note below.
Pub. L. 108–108, which directed the amendment of section 28 of title 30, United States Code, ‘‘in section 28g’’,
was executed by making the amendment to section
10102 of Pub. L. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 2003
Amendment note below.

Page 13

TITLE 30—MINERAL LANDS AND MINING

Pub. L. 107–63, which directed the amendment of section 28f(a) of title 30, United States Code, in section
28g, was executed by making the amendment to section
10102 of Pub. L. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 2001
Amendment note below.
Pub. L. 105–277, which directed the amendment of section 28g of title 30, United States Code, was executed by
making the amendment to section 10102 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 1998 Amendment note
below.

§ 28k

CODIFICATION
Pub. L. 111–88, which directed the amendment of section 28i of title 30, United States Code, was executed by
making the amendment to section 10104 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 2009 Amendment note
below.
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

AMENDMENTS

AMENDMENTS

2009—Pub. L. 111–88 substituted ‘‘, to the extent provided in advance in Appropriations Acts,’’ for ‘‘and before September 30, 2008,’’. See Codification note above.
Pub. L. 111–8, which directed the removal of the modifications made by Pub. L. 110–161, was executed by inserting ‘‘and before September 30, 2008,’’ before ‘‘pursuant to’’. See 2007 Amendment note below.
2007—Pub. L. 110–161 struck out ‘‘and before September 30, 2008,’’ before ‘‘pursuant to’’. See Codification
note above.
2003—Pub. L. 108–108 substituted ‘‘2008’’ for ‘‘2003’’.
See Codification note above.
2001—Pub. L. 107–63 substituted ‘‘2003’’ for ‘‘2001’’. See
Codification note above.
1998—Pub. L. 105–277 substituted ‘‘2001’’ for ‘‘1998’’.
See Codification note above.

2009—Pub. L. 111–88 substituted ‘‘28l’’ for ‘‘28k’’. See
Codification note above.

SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

§ 28h. Co-ownership
The co-ownership provisions of the Mining
Law of 1872 (30 U.S.C. 28) 1 shall remain in effect,
except that in applying such provisions, the annual claim maintenance fee required under this
Act shall, where applicable, replace applicable
assessment requirements and expenditures.
(Pub. L. 103–66, title X, § 10103, Aug. 10, 1993, 107
Stat. 406.)
REFERENCES IN TEXT
The Mining Law of 1872 (30 U.S.C. 28), referred to in
text, probably means act May 10, 1872, ch. 152, 17 Stat.
91, as amended. That act was incorporated into the Revised Statutes as R.S. §§ 2319 to 2328, 2331, 2333 to 2337,
and 2344, which are classified to sections 22 to 24, 26 to
28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this title. For
complete classification of R.S. §§ 2319 to 2328, 2331, 2333
to 2337, and 2344 to the Code, see Tables.
This Act, referred to in text, is Pub. L. 103–66, Aug.
10, 1993, 107 Stat. 312, known as the Omnibus Budget
Reconciliation Act of 1993. The annual claim maintenance fee required under this Act probably refers to the
fee required under section 28f of this title. For complete classification of this Act to the Code, see Tables.
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

§ 28i. Failure to pay
Failure to pay the claim maintenance fee or
the location fee as required by sections 28f to 28l
of this title shall conclusively constitute a forfeiture of the unpatented mining claim, mill or
tunnel site by the claimant and the claim shall
be deemed null and void by operation of law.
(Pub. L. 103–66, title X, § 10104, Aug. 10, 1993, 107
Stat. 406; Pub. L. 111–88, div. A, title I, Oct. 30,
2009, 123 Stat. 2908.)
1 See

References in Text note below.

§ 28j. Other requirements
(a) Federal Land Policy and Management Act requirements
Nothing in sections 28f to 28k of this title shall
change or modify the requirements of section
314(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(b)), or the requirements of section 314(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1744(c)) related to filings required by section
314(b), and such requirements shall remain in effect with respect to claims, and mill or tunnel
sites for which fees are required to be paid under
this section.
(b) Omitted
(c) Fee adjustments
(1) The Secretary of the Interior shall adjust
the fees required by sections 28f to 28k of this
title to reflect changes in the Consumer Price
Index published by the Bureau of Labor Statistics of the Department of Labor every 5 years
after August 10, 1993, or more frequently if the
Secretary determines an adjustment to be reasonable.
(2) The Secretary shall provide claimants notice of any adjustment made under this subsection not later than July 1 of any year in
which the adjustment is made.
(3) A fee adjustment under this subsection
shall begin to apply the first assessment year
which begins after adjustment is made.
(Pub. L. 103–66, title X, § 10105, Aug. 10, 1993, 107
Stat. 406.)
CODIFICATION
Section is comprised of section 10105 of Pub. L. 103–66.
Subsec. (b) of section 10105 of Pub. L. 103–66 amended
section 28 of this title.
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

§ 28k. Regulations
The Secretary of the Interior shall promulgate
rules and regulations to carry out the terms and
conditions of sections 28f to 28k of this title as
soon as practicable after August 10, 1993.
(Pub. L. 103–66, title X, § 10106, Aug. 10, 1993, 107
Stat. 407.)
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

§ 28l

TITLE 30—MINERAL LANDS AND MINING

§ 28l. Collection of mining law administration
fees
In fiscal year 2009 and each fiscal year thereafter, the Bureau of Land Management shall collect from mining claim holders the mining
claim maintenance fees and location fees; such
fees shall be collected in the same manner as authorized by sections 28f and 28g of this title only
to the extent provided in advance in appropriations Acts.
(Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123
Stat. 704; Pub. L. 111–88, div. A, title I, Oct. 30,
2009, 123 Stat. 2907.)
AMENDMENTS
2009—Pub. L. 111–88 substituted ‘‘from mining claim
holders the mining claim maintenance fees and location’’ for ‘‘mining law administration’’ and struck out
‘‘those’’ before ‘‘authorized’’.

§ 29. Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting plat and notice
on claim; publication and posting notice in
office; certificate; adverse claims; payment
per acre; objections; nonresident claimant’s
agent for execution of application and affidavits
A patent for any land claimed and located for
valuable deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under sections
21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71
to 76 of this title and section 661 of title 43, having claimed and located a piece of land for such
purposes, who has, or have, complied with the
terms of sections 21, 22 to 24, 26 to 28, 29, 30, 33
to 48, 50 to 52, 71 to 76 of this title, and section
661 of title 43, may file in the proper land office
an application for a patent, under oath, showing
such compliance, together with a plat and field
notes of the claim or claims in common, made
by or under the direction of the Director of the
Bureau of Land Management, showing accurately the boundaries of the claim or claims,
which shall be distinctly marked by monuments
on the ground, and shall post a copy of such
plat, together with a notice of such application
for a patent, in a conspicuous place on the land
embraced in such plat previous to the filing of
the application for a patent, and shall file an affidavit of at least two persons that such notice
has been duly posted, and shall file a copy of the
notice in such land office, and shall thereupon
be entitled to a patent for the land, in the manner following: The register of the land office,
upon the filing of such application, plat, field
notes, notices, and affidavits, shall publish a notice that such application has been made, for
the period of sixty days, in a newspaper to be by
him designated as published nearest to such
claim; and he shall also post such notice in his
office for the same period. The claimant at the
time of filing this application, or at any time
thereafter, within the sixty days of publication,
shall file with the register a certificate of the
Director of the Bureau of Land Management
that $500 worth of labor has been expended or
improvements made upon the claim by himself
or grantors; that the plat is correct, with such

Page 14

further description by such reference to natural
objects or permanent monuments as shall identify the claim, and furnish an accurate description, to be incorporated in the patent. At the expiration of the sixty days of publication the
claimant shall file his affidavit, showing that
the plat and notice have been posted in a conspicuous place on the claim during such period
of publication. If no adverse claim shall have
been filed with the register of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is
entitled to a patent, upon the payment to the
proper officer of $5 per acre, and that no adverse
claim exists; and thereafter no objection from
third parties to the issuance of a patent shall be
heard, except it be shown that the applicant has
failed to comply with the terms of sections 21, 22
to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76
of this title and section 661 of title 43. Where the
claimant for a patent is not a resident of or
within the land district wherein the vein, lode,
ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the
claimant for such patent may be made by his,
her, or its authorized agent, where said agent is
conversant with the facts sought to be established by said affidavits.
(R.S. § 2325; Jan. 22, 1880, ch. 9, § 1, 21 Stat. 61;
Mar. 3, 1925, ch. 462, 43 Stat. 1144, 1145; 1946
Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2325 derived from act May 10, 1872, ch. 152, § 6,
17 Stat. 92.
AMENDMENTS
1925—Act Mar. 3, 1925, affected words, in first sentence of text, now reading ‘‘United States supervisor of
surveys,’’ and words, in next to last sentence of text,
now reading ‘‘register of the proper land office.’’ Those
words formerly read ‘‘United States surveyor general’’
and ‘‘register and receiver of the proper land office,’’
respectively. This act abolished the office of surveyor
general, and transferred to and consolidated with the
Field Surveying Service, under the jurisdiction of the
U.S. Supervisor of Surveys, the administration, equipment, etc., of such office, and consolidated the offices
and functions of the register and receiver.
TRANSFER OF FUNCTIONS
Director of the Bureau of Land Management substituted for United States Supervisor of Surveys wherever appearing. In the establishment of The Bureau of
Land Management by Reorg. Plan No. 3 of 1946, § 403,
eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in
the Appendix to Title 5, Government Organization and
Employees, the office of Supervisor of Surveys was
abolished and the functions and powers were transferred to the Secretary of the Interior, to be performed
by such officers or agencies of the Department as might
be designated by the Secretary. Under that authority,
the functions and powers formerly exercised by the Supervisor of Surveys were delegated to the Chief
Cadastral Engineer, subject to the supervision of the

Page 15

TITLE 30—MINERAL LANDS AND MINING

Director of the Bureau of Land Management. In the
general reorganization and realignment of functions of
the Bureau, the office of the Chief Cadastral Engineer
was abolished, and the functions of that office have
been delegated to the Director of the Bureau of Land
Management. See 43 C.F.R. § 9180.0–3(a)(1).
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, set out in the Appendix to Title
5.
See also Transfer of Functions note set out under section 1 of this title.

§ 30. Adverse claims; oath of claimants; requisites; waiver; stay of land office proceedings; judicial determination of right of possession; successful claimants’ filing of judgment roll, certificate of labor, and description of claim in land office, and acreage and
fee payments; issuance of patents for entire
or partial claims upon certification of land
office proceedings and judgment roll; alienation of patent title
Where an adverse claim is filed during the period of publication, it shall be upon oath of the
person or persons making the same, and shall
show the nature, boundaries, and extent of such
adverse claim, and all proceedings, except the
publication of notice and making and filing of
the affidavit thereof, shall be stayed until the
controversy shall have been settled or decided
by a court of competent jurisdiction, or the adverse claim waived. It shall be the duty of the
adverse claimant, within thirty days after filing
his claim, to commence proceedings in a court
of competent jurisdiction, to determine the
question of the right of possession, and prosecute the same with reasonable diligence to
final judgment; and a failure so to do shall be a
waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice,
file a certified copy of the judgment roll with
the register of the land office, together with the
certificate of the Director of the Bureau of Land
Management that the requisite amount of labor
has been expended or improvements made thereon, and the description required in other cases,
and shall pay to the register $5 per acre for his
claim, together with the proper fees, whereupon
the whole proceedings and the judgment roll
shall be certified by the register to the Director
of the Bureau of Land Management, and a patent shall issue thereon for the claim, or such
portion thereof as the applicant shall appear,
from the decision of the court, to rightly possess. If it appears from the decision of the court
that several parties are entitled to separate and
different portions of the claim, each party may
pay for his portion of the claim, with the proper
fees, and file the certificate and description by
the Director of the Bureau of Land Management
whereupon the register shall certify the proceedings and judgment roll to the Director of the
Bureau of Land Management, as in the preceding case, and patents shall issue to the several
parties according to their respective rights.
Nothing herein contained shall be construed to
prevent the alienation of the title conveyed by

§ 31

a patent for a mining claim to any person whatever.
(R.S. § 2326; Mar. 3, 1925, ch. 462, 43 Stat. 1144,
1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100.)
CODIFICATION
R.S. § 2326 derived from act May 10, 1872, ch. 152, § 7,
17 Stat. 93.
AMENDMENTS
1925—Act Mar. 3, 1925, affected words, in third and
fourth sentences of text, now reading ‘‘United States
supervisor of surveys’’, and words, in third sentence of
text, now reading ‘‘pay to the register $5 per acre.’’
Such words formerly read ‘‘surveyor-general’’, and
‘‘pay to the receiver five dollars per acre’’, respectively. Such act is treated more fully in notes under
section 29 of this title.
TRANSFER OF FUNCTIONS
Director of the Bureau of Land Management substituted for United States Supervisor of Surveys following the words ‘‘certificate of the’’ in sentence beginning ‘‘After such judgment’’ and following the words
‘‘description by the’’ in sentence beginning ‘‘If it appears’’. In the establishment of the Bureau of Land
Management by Reorg. Plan No. 3 of 1946, § 403, eff. July
16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees, the office of Supervisor of Surveys was abolished
and the functions and powers were transferred to the
Secretary of the Interior, to be performed by such officers or agencies of the Department as might be designated by the Secretary. Under that authority, the
functions and powers formerly exercised by the Supervisor of Surveys were delegated to the Chief Cadastral
Engineer, subject to the supervision of the Director of
the Bureau of Land Management. In the general reorganization and realignment of functions of the Bureau,
the office of the Chief Cadastral Engineer was abolished, and the functions of that office have been delegated to the Director of the Bureau of Land Management. See 43 C.F.R. § 9180.0–3(a)(1).
‘‘Director of the Bureau of Land Management’’ was
substituted for ‘‘Commissioner of the General Land Office’’ following the words ‘‘register to the’’ in sentence
beginning ‘‘After such judgment’’ and in sentence beginning ‘‘If it appears’’ following the words ‘‘judgment
roll to the’’ on authority of Reorg. Plan No. 3 of 1946,
set § 403, set out in the Appendix to Title 5. Section 403
of Reorg. Plan No. 3 of 1946, abolished the office of the
Commissioner of the General Land Office and consolidated the functions of the General Land Office with the
Grazing Service to form the Bureau of Land Management.
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, set out in the Appendix to Title
5.

§ 31. Oath: agent or attorney in fact, beyond district of claim
The adverse claim required by section 30 of
this title may be verified by the oath of any
duly authorized agent or attorney in fact of the
adverse claimant cognizant of the facts stated;
and the adverse claimant, if residing or at the
time being beyond the limits of the district
wherein the claim is situated, may make oath to
the adverse claim before the clerk of any court
of record of the United States or of the State or
Territory where the adverse claimant may then
be, or before any notary public of such State or
Territory.

TITLE 30—MINERAL LANDS AND MINING

§ 32

(Apr. 26, 1882, ch. 106, § 1, 22 Stat. 49.)
§ 32. Findings by jury; costs
If, in any action brought pursuant to section
30 of this title, title to the ground in controversy shall not be established by either
party, the jury shall so find, and judgment shall
be entered according to the verdict. In such case
costs shall not be allowed to either party, and
the claimant shall not proceed in the land office
or be entitled to a patent for the ground in controversy until he shall have perfected his title.
(Mar. 3, 1881, ch. 140, 21 Stat. 505.)
§ 33. Existing rights
All patents for mining claims upon veins or
lodes issued prior to May 10, 1872, shall convey
all the rights and privileges conferred by sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to
52, 71 to 76 of this title and section 661 of title
43 where no adverse rights existed on the 10th
day of May, 1872.
(R.S. § 2328.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2328 derived from act May 10, 1872, ch. 152, § 9,
17 Stat. 94.
Provision of this section respecting prosecution of applications for patents for mining claims in General
Land Office, pending May 10, 1872, was omitted from the
Code.

§ 34. Description of vein claims on surveyed and
unsurveyed lands; monuments on ground to
govern conflicting calls
The description of vein or lode claims upon
surveyed lands shall designate the location of
the claims with reference to the lines of the public survey, but need not conform therewith; but
where patents have been or shall be issued for
claims upon unsurveyed lands, the Director of
the Bureau of Land Management in extending
the public survey, shall adjust the same to the
boundaries of said patented claims so as in no
case to interfere with or change the true location of such claims as they are officially established upon the ground. Where patents have issued for mineral lands, those lands only shall be
segregated and shall be deemed to be patented
which are bounded by the lines actually marked,
defined, and established upon the ground by the
monuments of the official survey upon which
the patent grant is based, and the Director of
the Bureau of Land Management in executing
subsequent patent surveys, whether upon surveyed or unsurveyed lands, shall be governed accordingly. The said monuments shall at all
times constitute the highest authority as to
what land is patented, and in case of any conflict between the said monuments of such patented claims and the descriptions of said claims
in the patents issued therefor the monuments on
the ground shall govern, and erroneous or incon-

Page 16

sistent descriptions or calls in the patent descriptions shall give way thereto.
(R.S. § 2327; Apr. 28, 1904, ch. 1796, 33 Stat. 545;
Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60
Stat. 1100.)
CODIFICATION
R.S. § 2327 derived from act May 10, 1872, ch. 152, § 8,
17 Stat. 94.
AMENDMENTS
1925—Act Mar. 3, 1925, affected words now reading
‘‘United States supervisor of surveys’’ in first and second sentences of text. These words formerly read ‘‘the
surveyor-general.’’ This act abolished the office of surveyor general, and transferred to and consolidated with
the Field Surveying Service, under the jurisdiction of
the U.S. Supervisor of Surveys, the administration,
equipment, etc., of such office.
TRANSFER OF FUNCTIONS
Director of the Bureau of Land Management, substituted for United States Supervisor of Surveys wherever appearing. In the establishment of the Bureau of
Land Management by Reorg. Plan No. 3 of 1946, § 403,
eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in
the Appendix to Title 5, Government Organization and
Employees, the office of Supervisor of Surveys was
abolished and the functions and powers were transferred to the Secretary of the Interior, to be performed
by such officers or agencies of the Department as might
be designated by the Secretary. Under that authority,
the functions and powers formerly exercised by the Supervisor of Surveys were delegated to the Chief Cadastral Engineer, subject to the supervision of the Director of the Bureau of Land Management. In the general
reorganization and realignment of functions of the Bureau, the office of the Chief Cadastral Engineer was
abolished, and the functions of that office have been
delegated to the Director of the Bureau of Land Management. See 43 C.F.R. § 9180.0–3(a)(1).
See also note set out under section 1 of this title.

§ 35. Placer claims; entry and proceedings for
patent under provisions applicable to vein or
lode claims; conforming entry to legal subdivisions and surveys; limitation of claims;
homestead entry of segregated agricultural
land
Claims usually called ‘‘placers,’’ including all
forms of deposit, excepting veins of quartz, or
other rock in place, shall be subject to entry and
patent, under like circumstances and conditions, and upon similar proceedings, as are provided for vein or lode claims; but where the
lands have been previously surveyed by the
United States, the entry in its exterior limits
shall conform to the legal subdivisions of the
public lands. And where placer claims are upon
surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required, and all placer-mining claims located
after the 10th day of May 1872, shall conform as
near as practicable with the United States system of public-land surveys, and the rectangular
subdivisions of such surveys, and no such location shall include more than twenty acres for
each individual claimant; but where placer
claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of
mineral land in any legal subdivision a quantity
of agricultural land less than forty acres re-

Page 17

TITLE 30—MINERAL LANDS AND MINING

mains, such fractional portion of agricultural
land may be entered by any party qualified by
law, for homestead purposes.
(R.S. §§ 2329, 2331; Mar. 3, 1891, ch. 561, § 4, 26 Stat.
1097.)
CODIFICATION
R.S. § 2329 derived from act July 9, 1870, ch. 235, § 12,
16 Stat. 217.
R.S. § 2331 derived from act May 10, 1872, ch. 152, § 10,
17 Stat. 94.
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 36. Subdivisions of 10-acre tracts; maximum of
placer locations; homestead claims of agricultural lands; sale of improvements
Legal subdivisions of forty acres may be subdivided into ten-acre tracts; and two or more
persons, or associations of persons, having contiguous claims of any size, although such claims
may be less than ten acres each, may make joint
entry thereof; but no location of a placer claim,
made after the 9th day of July 1870, shall exceed
one hundred and sixty acres for any one person
or association of persons, which location shall
conform to the United States surveys; and nothing in this section contained shall defeat or impair any bona fide homestead claim upon agricultural lands, or authorize the sale of the improvements of any bona fide settler to any purchaser.
(R.S. § 2330; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097.)
CODIFICATION
R.S. § 2330 derived from act July 9, 1870, ch. 235, § 12,
16 Stat. 217.
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 37. Proceedings for patent where boundaries
contain vein or lode; application; statement
including vein or lode; issuance of patent:
acreage payments for vein or lode and placer
claim; costs of proceedings; knowledge affecting construction of application and scope
of patent
Where the same person, association, or corporation is in possession of a placer claim, and
also a vein or lode included within the boundaries thereof, application shall be made for a
patent for the placer claim, with the statement
that it includes such vein or lode, and in such
case a patent shall issue for the placer claim,
subject to the provisions of sections 21, 22 to 24,
26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this
title and section 661 of title 43, including such
vein or lode, upon the payment of $5 per acre for
such vein or lode claim, and twenty-five feet of
surface on each side thereof. The remainder of
the placer claim, or any placer claim not embracing any vein or lode claim, shall be paid for
at the rate of $2.50 per acre, together with all
costs of proceedings; and where a vein or lode,
such as is described in section 23 of this title, is

§ 39

known to exist within the boundaries of a placer
claim, an application for a patent for such placer claim which does not include an application
for the vein or lode claim shall be construed as
a conclusive declaration that the claimant of
the placer claim has no right of possession of
the vein or lode claim; but where the existence
of a vein or lode in a placer claim is not known,
a patent for the placer claim shall convey all
valuable mineral and other deposits within the
boundaries thereof.
(R.S. § 2333.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2333 derived from act May 10, 1872, ch. 152, § 11,
17 Stat. 94.

§ 38. Evidence of possession and work to establish right to patent
Where such person or association, they and
their grantors, have held and worked their
claims for a period equal to the time prescribed
by the statute of limitations for mining claims
of the State or Territory where the same may be
situated, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto
under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to
48, 50 to 52, 71 to 76 of this title and section 661
of title 43, in the absence of any adverse claim;
but nothing in such sections shall be deemed to
impair any lien which may have attached in any
way whatever to any mining claim or property
thereto attached prior to the issuance of a patent.
(R.S. § 2332.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2332 derived from act July 9, 1870, ch. 235, § 13,
16 Stat. 217.
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 39. Surveyors of mining claims
The Director of the Bureau of Land Management may appoint in each land district containing mineral lands as many competent surveyors
as shall apply for appointment to survey mining
claims. The expenses of the survey of vein or
lode claims, and the survey and subdivision of
placer claims into smaller quantities than one
hundred and sixty acres, together with the cost
of publication of notices, shall be paid by the applicants, and they shall be at liberty to obtain

§ 40

TITLE 30—MINERAL LANDS AND MINING

the same at the most reasonable rates, and they
shall also be at liberty to employ any United
States deputy surveyor to make the survey. The
Director of the Bureau of Land Management
shall also have power to establish the maximum
charges for surveys and publication of notices
under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to
48, 50 to 52, 71 to 76 of this title and section 661
of title 43; and, in case of excessive charges for
publication, he may designate any newspaper
published in a land district where mines are situated for the publication of mining notices in
such district, and fix the rates to be charged by
such paper; and, to the end that the Director
may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by such applicant for publication and surveys, together with
all fees and money paid the register of the land
office, which statement shall be transmitted,
with the other papers in the case, to the Director of the Bureau of Land Management.
(R.S. § 2334; Mar. 3, 1925, ch. 462, 43 Stat. 1144,
1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2334 derived from act May 10, 1872, ch. 152, § 12,
17 Stat. 95.
AMENDMENTS

Page 18

pendix to Title 5. Section 403 of Reorg. Plan No. 3 of
1946, abolished the office of the Commissioner of the
General Land Office and consolidated the functions of
the General Land Office with the Grazing Service to
form the Bureau of Land Management.
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, set out in the Appendix to Title
5.
See also note set out under section 1 of this title.

§ 40. Verification of affidavits
All affidavits required to be made under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to
52, 71 to 76 of this title, and section 661 of title
43 may be verified before any officer authorized
to administer oaths within the land district
where the claims may be situated, and all testimony and proofs may be taken before any such
officer, and, when duly certified by the officer
taking the same, shall have the same force and
effect as if taken before the register of the land
office. In cases of contest as to the mineral or
agricultural character of land, the testimony
and proofs may be taken as herein provided on
personal notice of at least ten days to the opposing party; or if such party cannot be found, then
by publication of at least once a week for thirty
days in a newspaper, to be designated by the register of the land office as published nearest to
the location of such land; and the register shall
require proof that such notice has been given.
(R.S. § 2335; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11
F.R. 7876, 60 Stat. 1100.)
REFERENCES IN TEXT

1925—Act Mar. 3, 1925, affected words in first sentence
of text, now reading ‘‘The United States supervisor of
surveys,’’ and words in third sentence of text, now reading ‘‘money paid the register of the Land Office.’’ Such
words formerly read ‘‘the surveyor-general of the
United States,’’ and ‘‘and money paid the register and
the receiver of the land-office.’’ Such act is treated
more fully in note under section 29 of this title.

Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.

TRANSFER OF FUNCTIONS

R.S. § 2335 derived from act May 10, 1872, ch. 152, § 13,
17 Stat. 95.

Director of the Bureau of Land Management substituted for United States Supervisor of Surveys in sentence beginning ‘‘The Director of the Bureau of Land
Management may appoint’’. In the establishment of the
Bureau of Land Management by Reorg. Plan No. 3 of
1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,
set out in the Appendix to Title 5, Government Organization and Employees, the office of Supervisor of Surveys was abolished and the functions and powers were
transferred to the Secretary of the Interior, to be performed by such officers or agencies of the Department
as might be designated by the Secretary. Under that
authority, the functions and powers formerly exercised
by the Supervisor of Surveys were delegated to the
Chief Cadastral Engineer, subject to the supervision of
the Director of the Bureau of Land Management. In the
general reorganization and realignment of functions of
the Bureau, the office of the Chief Cadastral Engineer
was abolished, and the functions of that office have
been delegated to the Director of the Bureau of Land
Management. See 43 C.F.R. § 9180.0–3(a)(1).
In sentence beginning ‘‘The Director of the Bureau of
Land Management shall also have power’’, ‘‘Director of
the Bureau of Land Management’’ substituted for
‘‘Commissioner of the General Land Office’’ in two instances and ‘‘Director’’ for ‘‘Commissioner’’ on authority of Reorg. Plan No. 3 of 1946, § 403, set out in the Ap-

CODIFICATION

AMENDMENTS
1925—Act Mar. 3, 1925, affected words in first sentence
of text, now reading ‘‘before the register of the land office.’’ Such words formerly read ‘‘before the register
and receiver of the land-office.’’ Such act is treated
more fully in note under section 29 of this title.
TRANSFER OF FUNCTIONS
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876,
60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees.
See also note set out under section 1 of this title.

§ 41. Intersecting or crossing veins
Where two or more veins intersect or cross
each other, priority of title shall govern, and
such prior location shall be entitled to all ore or
mineral contained within the space of intersection; but the subsequent location shall have the
right-of-way through the space of intersection

Page 19

TITLE 30—MINERAL LANDS AND MINING

for the purposes of the convenient working of
the mine. And where two or more veins unite,
the oldest or prior location shall take the vein
below the point of union, including all the space
of intersection.

§ 47

age, and other necessary means to their complete development; and those conditions shall be
fully expressed in the patent.
(R.S. § 2338.)
CODIFICATION

(R.S. § 2336.)
CODIFICATION
R.S. § 2336 derived from act May 10, 1872, ch. 152, § 14,
17 Stat. 96.

§ 42. Patents for nonmineral lands: application,
survey, notice, acreage limitation, payment
(a) Vein or lode and mill site owners eligible
Where nonmineral land not contiguous to the
vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling
purposes, such nonadjacent surface ground may
be embraced and included in an application for
a patent for such vein or lode, and the same may
be patented therewith, subject to the same preliminary requirements as to survey and notice
as are applicable to veins or lodes; but no location made on and after May 10, 1872, of such nonadjacent land shall exceed five acres, and payment for the same must be made at the same
rate as fixed by sections 21, 22 to 24, 26 to 28, 29,
30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43 for the superficies of the lode.
The owner of a quartz mill or reduction works,
not owning a mine in connection therewith, may
also receive a patent for his mill site, as provided in this section.
(b) Placer claim owners eligible
Where nonmineral land is needed by the proprietor of a placer claim for mining, milling,
processing, beneficiation, or other operations in
connection with such claim, and is used or occupied by the proprietor for such purposes, such
land may be included in an application for a patent for such claim, and may be patented therewith subject to the same requirements as to survey and notice as are applicable to placers. No
location made of such nonmineral land shall exceed five acres and payment for the same shall
be made at the rate applicable to placer claims
which do not include a vein or lode.
(R.S. § 2337; Pub. L. 86–390, Mar. 18, 1960, 74 Stat.
7.)
REFERENCES IN TEXT

R.S. § 2338 derived from act July 26, 1866, ch. 262, § 5,
14 Stat. 252.
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§§ 44, 45. Omitted
CODIFICATION
Section 44, R.S. § 2341; act Mar. 3, 1891, ch. 561, § 4, 26
Stat. 1097, provided for extension of provisions of
Homestead laws to citizens of United States who had
prior to 1874 located on lands designated prior to 1866 as
mineral lands, and improved them for agricultural purposes, provided no valuable mineral deposits had been
discovered thereon.
Section 45, R.S. § 2342; act Mar. 3, 1891, ch. 561, § 4, 26
Stat. 1097, provided for setting apart the lands as agricultural.

§ 46. Additional land districts and officers
The President is authorized to establish additional land districts, and to appoint the necessary officers under existing laws, wherever he
may deem the same necessary for the public
convenience in executing the provisions of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to
52, 71 to 76 of this title and section 661 of title
43.
(R.S. § 2343.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2343 derived from act July 26, 1866, ch. 262, § 7,
14 Stat. 252.
DELEGATION OF FUNCTIONS
For delegation to the Secretary of the Interior of authority vested in the President by this section, see Ex.
Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a
note under section 301 of Title 3, The President.
SUBMERGED LANDS ACT

Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in subsec. (a), were in the original ‘‘this chapter’’,
meaning chapter 6 of title 32 of the Revised Statutes,
consisting of R.S. §§ 2318 to 2352.

Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

CODIFICATION

§ 47. Impairment of rights or interests in certain
mining property

R.S. § 2337 derived from act May 10, 1872, ch. 152, § 15,
17 Stat. 96.
AMENDMENTS
1960—Pub. L. 86–390 designated existing provisions as
subsec. (a) and added subsec. (b).

§ 43. Conditions of sale by local legislature
As a condition of sale, in the absence of necessary legislation by Congress, the local legislature of any State or Territory may provide rules
for working mines, involving easements, drain-

Nothing contained in sections 21, 22 to 24, 26 to
28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title
and section 661 of title 43 shall be construed to
impair in any way, rights or interests in mining
property acquired under laws in force prior to
July 9, 1870; nor to affect the provisions of the
act entitled ‘‘An act granting to A. Sutro the
right-of-way and other privileges to aid in the
construction of a draining and exploring tunnel
to the Comstock lode, in the State of Nevada’’,
approved July 25, 1866.

§ 48

TITLE 30—MINERAL LANDS AND MINING

(R.S. § 2344.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2344 derived from acts July 9, 1870, ch. 235, § 17,
16 Stat. 218; May 10, 1872, ch. 152, § 16, 17 Stat. 96.
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 48. Lands in Michigan, Wisconsin, and Minnesota; sale and disposal as public lands
Except as otherwise provided in chapter 3A of
this title, the provisions of sections 21, 22 to 24,
26 to 28, 29, 30, 33 to 47, 51, and 52 of this title and
section 661 of title 43 shall not apply to the mineral lands situated in the States of Michigan,
Wisconsin, and Minnesota, which are declared
free and open to exploration and purchase, according to legal subdivisions, in like manner as
before the 10th day of May 1872. And any bona
fide entries of such lands within the States
named since the 10th day of May 1872 may be
patented without reference to such sections of
this title. Such lands shall be offered for public
sale in the same manner, and at the same minimum price, as other public lands.
(R.S. § 2345; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097;
Feb. 25, 1920, ch. 85, § 1, 41 Stat. 437.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 47, 51 and
52 of this title and section 661 of title 43, referred to in
text, were in the original ‘‘the preceding provisions of
this chapter’’, meaning chapter 6 of title 32 of the Revised Statutes, consisting of R.S. §§ 2318 to 2344.
CODIFICATION
R.S. § 2345 derived from act Feb. 18, 1873, ch. 159, 17
Stat. 465.
AMENDMENTS
1920—The exception clause has been inserted at beginning of this section because of act Feb. 25, 1920, which
provided that deposits of coal, phosphate, sodium, oil,
oil shale, or gas, and lands containing such deposits
owned by the United States, shall be subject to disposition in the form and manner provided by this act.

§ 49. Lands in Missouri and Kansas; disposal as
agricultural lands
Except as otherwise provided in chapter 3A of
this title, within the States of Missouri and
Kansas deposits of coal, iron, lead, or other mineral are excluded from the operation of sections
22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and
47 of this title, and all lands in said States shall
be subject to disposal as agricultural lands.
(May 5, 1876, ch. 91, 19 Stat. 52; Feb. 25, 1920, ch.
85, § 1, 41 Stat. 437.)
REFERENCES IN TEXT
Sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42,
and 47 of this title, referred to in text, were in the

Page 20

original ‘‘the act entitled ‘An act to promote the development of mining resources of the United States’ approved May tenth, eighteen hundred and seventy-two’’,
meaning act May 10, 1872, ch. 152, 17 Stat. 91, popularly
known as the Mining Act of 1872. That act was incorporated into the Revised Statutes as R.S. §§ 2319 to 2328,
2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and
47 of this title. For complete classification of R.S.
§§ 2319 to 2328, 2331, 2333 to 2337, and 2344 to the Code, see
Tables.
AMENDMENTS
1920—The exception clause has been inserted at beginning of this section because of act Feb. 25, 1920, which
provided that deposits of coal, phosphate, sodium, oil,
oil shale, or gas, and lands containing such deposits
owned by the United States, shall be subject to disposition in the form and manner provided by such act.

§ 49a. Mining laws of United States extended to
Alaska; exploration and mining for precious
metals; regulations; conflict of laws; permits;
dumping tailings; pumping from sea; reservation of roadway; title to land below line of
high tide or high-water mark; transfer of
title to future State
The laws of the United States relating to mining claims, mineral locations, and rights incident thereto are extended to the Territory of
Alaska: Provided, That, subject only to the laws
enacted by Congress for the protection and preservation of the navigable waters of the United
States, and to the laws for the protection of fish
and game, and subject also to such general rules
and regulations as the Secretary of the Interior
may prescribe for the preservation of order and
the prevention of injury to the fish and game,
all land below the line of ordinary high tide on
tidal waters and all land below the line of ordinary high-water mark on nontidal water navigable in fact, within the jurisdiction of the
United States, shall be subject to exploration
and mining for gold and other precious metals,
and in the Chilkat River, and its tributaries,
within two and three-tenths miles of United
States survey numbered 991 for all metals, by
citizens of the United States, or persons who
have legally declared their intentions to become
such, under such reasonable rules and regulations as the miners in organized mining districts
may have heretofore made or may hereafter
make governing the temporary possession thereof for exploration and mining purposes until
otherwise provided by law: Provided further,
That the rules and regulations established by
the miners shall not be in conflict with the mining laws of the United States; and no exclusive
permit shall be granted by the Secretary of the
Interior authorizing any person or persons, corporation, or company to excavate or mine under
any of said waters, and if such exclusive permit
has been granted it is revoked and declared null
and void. The rules and regulations prescribed
by the Secretary of the Interior under this section shall not, however, deprive miners on the
beach of the right given to dump tailings into or
pump from the sea opposite their claims, except
where such dumping would actually obstruct
navigation or impair the fish and game, and the
reservation of a roadway sixty feet wide under
section 687a–2 1 of title 43, shall not apply to
1 See

References in Text note below.

Page 21

TITLE 30—MINERAL LANDS AND MINING

mineral lands or town sites. No person shall acquire by virtue of this section any title to any
land below the line of ordinary high tide or the
line of ordinary high-water mark, as the case
may be, of the waters described in this section.
Any rights or privileges acquired hereunder with
respect to mining operations in land, title to
which is transferred to a future State upon its
admission to the Union and which is situated
within its boundaries, shall be terminable by
such State, and the said mining operations shall
be subject to the laws of such State.
(June 6, 1900, ch. 786, title I, § 26, 31 Stat. 329;
May 31, 1938, ch. 297, 52 Stat. 588; Aug. 8, 1947, ch.
514, § 1, 61 Stat. 916; Pub. L. 85–662, Aug. 14, 1958,
72 Stat. 615.)
REFERENCES IN TEXT
Section 687a–2 of title 43, referred to in text, was repealed by Pub. L. 94–579, title VII, §§ 703(a), 704(a), Oct.
21, 1976, 90 Stat. 2789, 2792.
CODIFICATION
Section was formerly classified to section 381 of Title
48, Territories and Insular Possessions.
AMENDMENTS
1958—Pub. L. 85–662 substituted ‘‘fish and game’’ for
‘‘fisheries’’ in three places, and inserted provisions permitting mining for all metals in Chilkat River, and its
tributaries, within two and three-tenths miles of
United States survey numbered 991.
1947—Act Aug. 8, 1947, permitted exploration for and
mining of gold and other precious metals in beds of
navigable streams.
1938—Act May 31, 1938, extended waters subject to exploration and mining for gold to include all water on
shores, bays, and inlets of Alaska, and substituted Secretary of the Interior for Secretary of War, among
other changes.

§ 49d

were repealed by section 1 of act May 4, 1934. See sections 35 to 37 and 49b of this title.
CODIFICATION
Section was formerly classified to sections 119 and
381a of Title 48, Territories and Insular Possessions.
EFFECTIVE DATE
Section 3 of act May 4, 1934, provided that: ‘‘This Act
[enacting this section] shall take effect thirty days
subsequent to the date of convening of the first regular
session of the Alaska Territorial Legislature which is
held after the passage of this Act [May 4, 1934].’’
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.

§ 49c. Recording notices of location of Alaskan
mining claims
Notices of location of mining claims shall be
filed for record within ninety days from the date
of the discovery of the claim described in the notice, and all instruments shall be recorded in the
recording district in which the property or subject matter affected by the instrument is situated, and where the property or subject matter
is not situated in any established recording district the instrument affecting the same shall be
recorded in the office of the clerk of the division
of the court having supervision over the recording division in which such property or subject
matter is situated.
(June 6, 1900, ch. 786, title I, § 15, 31 Stat. 327.)

ADMISSION OF ALASKA AS STATE

CODIFICATION

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 is comprised of the proviso of section 15 of
act June 6, 1900, which was formerly classified to section 382 of Title 48, Territories and Insular Possessions.
The remainder of section 15, which was formerly classified to section 119 of Title 48, was omitted from the
Code.

NON-IMPAIRMENT OF VALID CLAIMS AND RIGHTS
Section 2 of act Aug. 8, 1947, provided: ‘‘Nothing in
this Act [amending this section] shall be deemed to affect or impair any valid claims, rights or privileges, including possessory claims under the first proviso of section 8 of the Act of May 17, 1884 (23 Stat. 26) [25 U.S.C.
280a], arising under any other provision of law.’’

§ 49b. Mining laws relating to placer claims extended to Alaska
The general mining laws of the United States
so far as they are applicable to placer-mining
claims, as prior to May 4, 1934, extended to the
Territory of Alaska, are declared to be in full
force and effect in said Territory: Provided, That
nothing herein shall be held to change or affect
the rights acquired by locators or owners of
placer-mining claims prior to May 4, 1934, located in said Territory under act August 1, 1912
(37 Stat. 242, 243) and amendatory act March 3,
1925 (43 Stat. 1118).
(May 4, 1934, ch. 211, § 2, 48 Stat. 663.)
REFERENCES IN TEXT
Act August 1, 1912 (37 Stat. 242, 243) and amendatory
act March 3, 1925 (43 Stat. 1118), referred to in text,

§ 49d. Miners’ regulations for recording notices
in Alaska; certain records legalized
Miners in any organized mining district may
make rules and regulations governing the recording of notices of location of mining claims,
water rights, flumes and ditches, mill sites and
affidavits of labor, not in conflict with this Act
or the general laws of the United States; and
nothing in this Act shall be construed so as to
prevent the miners in any regularly organized
mining district not within any recording district established by the court from electing
their own mining recorder to act as such until a
recorder therefor is appointed by the court: Provided further, All records regularly made by the
United States commissioner prior to June 6,
1900, at Dyea, Skagway, and the recorder at
Douglas City, not in conflict with any records
regularly made with the United States commissioner at Juneau, are legalized. And all records
made in good faith prior to June 6, 1900, in any
regularly organized mining district are made
public records.
(June 6, 1900, ch. 786, title I, § 16, 31 Stat. 328.)

§ 49e

TITLE 30—MINERAL LANDS AND MINING

Page 22

REFERENCES IN TEXT

ADMISSION OF ALASKA AS STATE

This Act, referred to in text, means act June 6, 1900,
ch. 786, 31 Stat. 321, as amended. For complete classification of title I of this act to the Code, see Tables.
Title III of this act provided for the Alaska Civil Code.

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.

CODIFICATION
Section is comprised of the two provisos of section 16
of act June 6, 1900, and part of the last sentence of that
section, which were formerly classified to section 383 of
Title 48, Territories and Insular Possessions. The remainder of section 16 (excluding the last sentence)
which was formerly classified to section 120 of Title 48,
was omitted from the Code.

§ 49e. Annual labor or improvements on Alaskan
mining claims; affidavits; burden of proof;
forfeitures; location anew of claims; perjury
During each year and until patent has been issued therefor, at least $100 worth of labor shall
be performed or improvements made on, or for
the benefit or development of, in accordance
with existing law, each mining claim in Alaska
heretofore or hereafter located. And the locator
or owner of such claim or some other person
having knowledge of the facts may also make
and file with the said recorder of the district in
which the claims shall be situated an affidavit
showing the performance of labor or making of
improvements to the amount of $100 as aforesaid
and specifying the character and extent of such
work. Such affidavits shall set forth the following: First, the name or number of the mining
claims and where situated; second, the number
of days’ work done and the character and value
of the improvements placed thereon; third, the
date of the performance of such labor and of
making improvements; fourth, at whose instance the work was done or the improvements
made; fifth, the actual amount paid for work
and improvement, and by whom paid when the
same was not done by the owner. Such affidavit
shall be prima facie evidence of the performance
of such work or making of such improvements,
but if such affidavits be not filed within the
time fixed by this section the burden of proof
shall be upon the claimant to establish the performance of such annual work and improvements. And upon failure of the locator or owner
of any such claim to comply with the provisions
of this section, as to performance of work and
improvements, such claim shall become forfeited and open to location by others as if no location of the same had ever been made. The affidavits required may be made before any officer
authorized to administer oaths, and the provisions of sections 1621 and 1622 of title 18, are extended to such affidavits. Said affidavits shall be
filed not later than ninety days after the close
of the year in which such work is performed.
(Mar. 2, 1907, ch. 2559, § 1, 34 Stat. 1243.)
CODIFICATION
‘‘Sections 1621 and 1622 of title 18’’ substituted in text
for ‘‘sections fifty-three hundred and ninety-two and
fifty-three hundred ninety-three of the Revised Statutes’’, which had been classified to section 231 and 232
of former Title 18, Criminal Code and Criminal Procedure, on authority of act June 25, 1948, ch. 645, 62 Stat.
683, the first section of which enacted Title 18, Crimes
and Criminal Procedure.
Section was formerly classified to section 384 of Title
48, Territories and Insular Possessions.

§ 49f. Fees of recorders in Alaska for filing proofs
of work and improvements
The recorders for the several divisions or districts of Alaska shall collect the sum of $1.50 as
a fee for the filing, recording, and indexing annual proofs of work and improvements for each
claim so recorded under the provisions of section 49e of this title.
(Mar. 2, 1907, ch. 2559, § 2, 34 Stat. 1243.)
CODIFICATION
Section was formerly classified to section 385 of Title
48, Territories and Insular Possessions.
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.

§ 50. Grants to States or corporations not to include mineral lands
No act passed at the first session of the Thirty-eighth Congress, granting lands to States or
corporations to aid in the construction of roads
or for other purposes, or to extend the time of
grants made prior to the 30th day of January
1865 shall be so construed as to embrace mineral
lands, which in all cases are reserved exclusively
to the United States, unless otherwise specially
provided in the act or acts making the grant.
(R.S. § 2346.)
REFERENCES IN TEXT
The first session of the Thirty-eighth Congress, referred to in text, was begun Dec. 7, 1863, and ended July
4, 1864, 13 Stat. 1 to 417, contain legislation passed at
such session.
CODIFICATION
R.S. § 2346 derived from Res. Jan. 30, 1865, No. 10, 13
Stat. 567.

§ 51. Water users’ vested and accrued rights; enumeration of uses; protection of interest;
rights-of-way for canals and ditches; liability
for injury or damage to settlers’ possession
Whenever, by priority of possession, rights to
the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of
such vested rights shall be maintained and protected in the same; and the right-of-way for the
construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public
domain, the party committing such injury or

Page 23

TITLE 30—MINERAL LANDS AND MINING

damage shall be liable to the party injured for
such injury or damage.
(R.S. § 2339.)
REPEALS
Provision of this section, ‘‘and the right-ofway for the construction of ditches and canals
for the purposes herein specified is acknowledged and confirmed; but whenever any person,
in the construction of any ditch or canal, injures or damages the possession of any settler
on the public domain, the party committing
such injury or damage shall be liable to the
party injured for such injury or damage.’’ was
repealed by Pub. L. 94–579, title VII, § 706(a),
Oct. 21, 1976, 90 Stat. 2793, effective on and
after Oct. 21, 1976, insofar as applicable to the
issuance of rights-of-way over, upon, under,
and through the public lands and lands in the
National Forest System.
CODIFICATION
R.S. § 2339 derived from act July 26, 1866, ch. 262, § 9,
14 Stat. 253.
Section is also set out as the first par. of section 661
of Title 43, Public Lands.
SAVINGS PROVISION
Repeal by Pub. L. 94–579, title VII, § 706(a), Oct. 21,
1976, 90 Stat. 2793, insofar as applicable to the issuance
of rights-of-way not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21,
1976, see note set out under section 1701 of Title 43, Public Lands.
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 52. Patents or homesteads subject to vested and
accrued water rights
All patents granted, or homesteads allowed,
shall be subject to any vested and accrued water
rights, or rights to ditches and reservoirs used
in connection with such water rights, as may
have been acquired under or recognized by section 51 of this title.
(R.S. § 2340; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097.)
REPEALS
Provision of this section, ‘‘, or rights to
ditches and reservoirs used in connection with
such water rights,’’ was repealed by Pub. L.
94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat.
2793, effective on and after Oct. 21, 1976, insofar
as applicable to the issuance of rights-of-way
over, upon, under, and through the public
lands and lands in the National Forest System.
CODIFICATION
R.S. § 2340 derived from act July 9, 1870, ch. 235, § 17,
16 Stat. 218.
Section is also set out as the second par. of section
661 of Title 43, Public Lands.
SAVINGS PROVISION
Repeal by Pub. L. 94–579, title VII, § 706(a), Oct. 21,
1976, 90 Stat. 2793, insofar as applicable to the issuance
of rights-of-way not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21,
1976, see note set out under section 1701 of Title 43, Public Lands.

§ 54

SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 53. Possessory actions for recovery of mining
titles or for damages to such title
No possessory action between persons, in any
court of the United States, for the recovery of
any mining title, or for damages to any such
title, shall be affected by the fact that the paramount title to the land in which such mines lie
is in the United States; but each case shall be
adjudged by the law of possession.
(R.S. § 910.)
CODIFICATION
R.S. § 910 derived from act Feb. 27, 1865, ch. 64, § 9, 13
Stat. 441.
Section was formerly classified to section 690 of Title
28 prior to the general revision and enactment of Title
28, Judiciary and Judicial Procedure, by act June 25,
1948, ch. 646, § 1, 62 Stat. 869.

§ 54. Liability for damages to stock raising and
homestead entries by mining activities
Notwithstanding the provisions of any Act of
Congress to the contrary, any person who on and
after June 21, 1949 prospects for, mines, or removes by strip or open pit mining methods, any
minerals from any land included in a stock raising or other homestead entry or patent, and who
had been liable under such an existing Act only
for damages caused thereby to the crops or improvements of the entryman or patentee, shall
also be liable for any damage that may be
caused to the value of the land for grazing by
such prospecting for, mining, or removal of minerals. Nothing in this section shall be considered
to impair any vested right in existence on June
21, 1949.
(June 21, 1949, ch. 232, § 5, 63 Stat. 215.)
SIMILAR PROVISIONS
Provisions similar to this section were contained in
act June 17, 1949, ch. 221, § 2, 63 Stat. 201.

CHAPTER 3—LANDS CONTAINING COAL, OIL,
GAS, SALTS, ASPHALTIC MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
SUBCHAPTER I—COAL LAND ENTRIES IN
GENERAL
Sec.

71.

Entry of unappropriated or unreserved Federal coal lands; eligibility; application;
acreage limitation; price per acre.
72.
Preference right of coal mine entry; acreage
limitation.
73.
Presentation of claims.
74.
Number of coal land entries; other entries
upon noncompliance with conditions.
75.
Conflicting claims upon coal lands; rules and
regulations.
76.
Reservation of rights upon coal lands; sale of
certain mining lands.
77.
Alabama coal lands; agricultural entry.
SUBCHAPTER II—COAL LAND ENTRIES UNDER
NONMINERAL LAND LAWS WITH RESERVATION
OF COAL TO UNITED STATES
81.

Rights of entrymen of lands subsequently
classified as coal lands; disposal of coal deposits.

TITLE 30—MINERAL LANDS AND MINING

§ 71
Sec.

82.

New or supplemental patents, in case of lands
subsequently classified as noncoal.
Homestead or desert-land and other entries.
Applications for entry.
Patents for lands, with reservation of coal;
disposal of coal deposits.
Disposition of lands in Indian reservations
with reservation of coal; examination and
appraisal of lands.
Statements in application; patents.
Disposition of coal by United States.
Disposition of proceeds.
Selection of coal lands by States; sale in isolated or disconnected tracts.

83.
84.
85.
86.

87.
88.
89.
90.

SUBCHAPTER III—PETROLEUM, OTHER MINERAL
OIL, OR GAS LAND ENTRIES UNDER MINING
LAWS
101.
102.
103.

104.

Omitted.
Assessment work on contiguous oil lands, located as claims, of same owner.
Patents for oil or gas lands not denied because of transfer before discovery of oil or
gas; acreage limitation; nonapplication to
withdraw lands.
Agreements with applicants for patents as to
disposition of oil or gas, or proceeds thereof, pending determination of title; Navy Petroleum Fund.

SUBCHAPTER IV—HOMESTEAD ENTRY OF LANDS
IN UTAH, WITHDRAWN OR CLASSIFIED AS OIL
LANDS
111 to 113. Repealed.
SUBCHAPTER
V—AGRICULTURAL
ENTRY
OF
LANDS WITHDRAWN OR CLASSIFIED AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL,
GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR
121.

122.

123.
124.

125.

Agricultural entry or purchase of lands withdrawn or classified as containing phosphate,
nitrate, potash, oil, or gas; reservations to
United States; application.
Patents; reservation in the United States of
reserved deposits; acquisition of right to remove deposits; application for entry to disprove classification.
Persons locating lands subsequently withdrawn or classified; patents to.
Agricultural entry or purchase of lands withdrawn or classified as containing sodium or
sulphur.
Patents in North Platte Reclamation Project;
mineral rights; subrogation.

SUBCHAPTER VI—LOCATION OF PHOSPHATE
ROCK LANDS UNDER PLACER-MINING LAWS
131.

Omitted.

SUBCHAPTER VII—PERMITS TO PROSPECT FOR
CHLORIDES,
SULPHATES,
CARBONATES,
BORATES, SILICATES, OR NITRATES OF POTASSIUM
141 to 152. Repealed.
SUBCHAPTER VIII—BUILDING STONE OR SALINE
LAND ENTRIES UNDER PLACER-MINING LAWS
161.
162.

Entry of building-stone lands; previous law
unaffected.
Entry of saline lands; limitation.

SUBCHAPTER IX—DISPOSAL OF ALABAMA LANDS
AS AGRICULTURAL LANDS
171.
172.

Disposal as agricultural lands.
Certain Alabama lands subject to homestead
entry.

Page 24

SUBCHAPTER I—COAL LAND ENTRIES IN
GENERAL
§ 71. Entry of unappropriated or unreserved Federal coal lands; eligibility; application; acreage limitation; price per acre
Every person above the age of twenty-one
years, who is a citizen of the United States, or
who has declared his intention to become such,
or any association of persons severally qualified
as above, shall, upon application to the register
of the proper land office, have the right to enter,
by legal subdivisions, any quantity of vacant
coal lands of the United States not otherwise
appropriated or reserved by competent authority, not exceeding one hundred and sixty acres
to such individual person, or three hundred and
twenty acres to such association, upon payment
to the register of not less than $10 per acre for
such lands, where the same shall be situated
more than fifteen miles from any completed
railroad, and not less than $20 per acre for such
lands as shall be within fifteen miles of such
road.
(R.S. § 2347; Mar. 3, 1925, ch. 462, 43 Stat. 1145.)
CODIFICATION
R.S. § 2347 derived from act Mar. 3, 1873, ch. 279, § 1, 17
Stat. 607.
AMENDMENTS
1925—Act Mar. 3, 1925, affected words which now read
‘‘upon payment to the register of not less than.’’ Such
words originally read ‘‘upon payment to the receiver of
not less than.’’ Such act consolidated the offices of receiver and register.
TRANSFER OF FUNCTIONS
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876,
60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees.
See also note set out under section 1 of this title.
INDIAN LANDS EXCEPTED
Commenting on this section and sections 72 to 76 of
this title the Department of the Interior says:
‘‘While there may be some Indian lands still subject
to coal entry by virtue of the provisions of law opening
such lands to entry, the coal land laws generally were
superseded by the leasing Act of Feb. 25, 1920, 41 Stat.
437 [section 181 et seq. of this title], and it is at least
questionable whether the coal land laws should be carried into the Code.’’

§ 72. Preference right of coal mine entry; acreage
limitation
Any person or association of persons severally
qualified, as provided in section 71 of this title,
who have opened and improved, or shall open
and improve, any coal mine or mines upon the
public lands, and shall be in actual possession of
the same, shall be entitled to a preference right
of entry, under section 71 of this title, of the
mines so opened and improved: Provided, That
when any association of not less than four persons, severally qualified as provided in section
71 of this title, shall have expended not less than
$5,000 in working and improving any such mine
or mines, such association may enter not ex-

Page 25

TITLE 30—MINERAL LANDS AND MINING

§ 81

ceeding six hundred and forty acres, including
such mining improvements.

§ 75. Conflicting claims upon coal lands; rules
and regulations

(R.S. § 2348.)

In case of conflicting claims upon coal lands
where the improvements shall be commenced,
after the third day of March, 1873, priority of
possession and improvement, followed by proper
filing and continued good faith, shall determine
the preference right to purchase. And also where
improvements have already been made prior to
the third day of March, 1873, division of the land
claimed may be made by legal subdivisions, to
include, as near as may be, the valuable improvements of the respective parties. The Director of the Bureau of Land Management is authorized to issue all needful rules and regulations for carrying into effect the provisions of
this section and sections 71 to 74 of this title.

CODIFICATION
R.S. § 2348 derived from act Mar. 3, 1873, ch. 279, § 2, 17
Stat. 607.
INDIAN LANDS EXCEPTED
See note set out under section 71 of this title.

§ 73. Presentation of claims
All claims under section 72 of this title must
be presented to the register of the proper land
district within sixty days after the date of actual possession and the commencement of improvements on the land, by the filing of a declaratory statement therefor; but when the
township plat is not on file at the date of such
improvement, filing must be made within sixty
days from the receipt of such plat at the district
office.
(R.S. § 2349.)

(R.S. § 2351; 1946 Reorg. Plan No. 3, § 403, eff. July
16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
CODIFICATION
R.S. § 2351 derived from act Mar. 3, 1873, ch. 279, § 5, 17
Stat. 608.
TRANSFER OF FUNCTIONS

CODIFICATION
R.S. § 2349 derived from act Mar. 3, 1873, ch. 279, § 3, 17
Stat. 607.
TRANSFER OF FUNCTIONS
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876,
60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees.
See also note set out under section 1 of this title.
INDIAN LANDS EXCEPTED
See note set out under section 71 of this title.

§ 74. Number of coal land entries; other entries
upon noncompliance with conditions
Sections 71 to 73 of this title shall be held to
authorize only one entry by the same person or
association of persons; and no association of persons any member of which shall have taken the
benefit of such sections, either as an individual
or as a member of any other association, shall
enter or hold any other lands under the provisions thereof; and no member of any association
which shall have taken the benefit of such sections shall enter or hold any other lands under
their provisions; and all persons claiming under
section 72 of this title shall be required to prove
their respective rights and pay for the lands
filed upon within one year from the time prescribed for filing their respective claims; and
upon failure to file the proper notice, or to pay
for the land within the required period, the same
shall be subject to entry by any other qualified
applicant.
(R.S. § 2350.)
CODIFICATION
R.S. § 2350 derived from act Mar. 3, 1873, ch. 279, § 4, 17
Stat. 607.
INDIAN LANDS EXCEPTED
See note set out under section 71 of this title.

‘‘Director of the Bureau of Land Management’’ substituted in text for ‘‘Commissioner of the General Land
Office’’ on authority of Reorg. Plan No. 3 of 1946, § 403,
set out in the Appendix to Title 5, Government Organization and Employees.
See also note set out under section 1 of this title.
INDIAN LANDS EXCEPTED
See note set out under section 71 of this title.

§ 76. Reservation of rights upon coal lands; sale
of certain mining lands
Nothing in sections 71 to 75 of this title shall
be construed to destroy or impair any rights
which may have attached prior to the third day
of March, 1873, or to authorize the sale of lands
valuable for mines of gold, silver, or copper.
(R.S. § 2352.)
CODIFICATION
R.S. § 2352 derived from act Mar. 3, 1873, ch. 279, § 6, 17
Stat. 608.
INDIAN LANDS EXCEPTED
See note set out under section 71 of this title.

§ 77. Alabama coal lands; agricultural entry
Unreserved public lands containing coal deposits in the State of Alabama which on April 23,
1912, were being withheld from homestead entry
under the provisions of section 171 of this title,
may be entered under the homestead laws of the
United States subject to the provisions, terms,
conditions, and limitations prescribed in sections 83 to 85 of this title.
(Apr. 23, 1912, ch. 87, 37 Stat. 90.)
SUBCHAPTER II—COAL LAND ENTRIES
UNDER NONMINERAL LAND LAWS WITH
RESERVATION OF COAL TO UNITED
STATES
§ 81. Rights of entrymen of lands subsequently
classified as coal lands; disposal of coal deposits
Any person who has in good faith located, selected, or entered under the nonmineral land

§ 82

TITLE 30—MINERAL LANDS AND MINING

laws of the United States any lands which subsequently are classified, claimed, or reported as
being valuable for coal, may, if he shall so elect,
and upon making satisfactory proof of compliance with the laws under which such lands are
claimed, receive a patent therefor, which shall
contain a reservation to the United States of all
coal in said lands, and the right to prospect for,
mine, and remove the same. The coal deposits in
such lands shall be subject to disposal by the
United States in accordance with the provisions
of the coal land laws in force at the time of such
disposal, but no person shall enter upon said
lands to prospect for, or mine and remove coal
therefrom, without previous consent of the
owner under such patent, except upon such conditions as to security for and payment of all
damages to such owner caused thereby as may
be determined by a court of competent jurisdiction. The owner under such patent shall have
the right to mine coal for use on the land for domestic purposes prior to the disposal by the
United States of the coal deposit. Nothing herein contained shall be held to affect or abridge
the right of any locator, selector, or entryman
to a hearing for the purpose of determining the
character of the land located, selected, or entered by him. Such locator, selector, or entryman who has made or shall make final proof
showing good faith and satisfactory compliance
with the law under which his land is claimed
shall be entitled to a patent without reservation
unless at the time of such final proof and entry
it shall be shown that the land is chiefly valuable for coal.
(Mar. 3, 1909, ch. 270, 35 Stat. 844.)
PROTECTION OF SANCTITY OF CONTRACTS AND LEASES
OF SURFACE PATENT HOLDERS WITH RESPECT TO
COALBED METHANE GAS
Pub. L. 105–367, § 1, Nov. 10, 1998, 112 Stat. 3313, provided that:
‘‘(a) IN GENERAL.—Subject to subsection (b), the
United States shall recognize as not infringing upon
any ownership rights of the United States to coalbed
methane any—
‘‘(1) contract or lease covering any land that was
conveyed by the United States under the Act entitled
‘An Act for the protection of surface rights of entrymen’, approved March 3, 1909 (30 U.S.C. 81), or the Act
entitled ‘An Act to provide for agricultural entries on
coal lands’, approved June 22, 1910 (30 U.S.C. 83 et
seq.), that was—
‘‘(A) entered into by a person who has title to said
land derived under said Acts, and
‘‘(B) that conveys rights to explore for, extract,
and sell coalbed methane from said land; or
‘‘(2) coalbed methane production from the lands described in subsection (a)(1) by a person who has title
to said land and who, on or before the date of enactment of this Act [Nov. 10, 1998], has filed an application with the State oil and gas regulating agency for
a permit to drill an oil and gas well to a completion
target located in a coal formation.
‘‘(b) APPLICATION.—Subsection (a)—
‘‘(1) shall apply only to a valid contract or lease described in subsection (a) that is in effect on the date
of enactment of this Act;
‘‘(2) shall not otherwise change the terms or conditions of, or affect the rights or obligations of any person under such a contract or lease;
‘‘(3) shall apply only to land with respect to which
the United States is the owner of coal reserved to the
United States in a patent issued under the Act of
March 3, 1909 (30 U.S.C. 81), or the Act of June 22, 1910

Page 26

(30 U.S.C. 83 et seq.), the position of the United States
as the owner of the coal not having passed to a third
party by deed, patent or other conveyance by the
United States;
‘‘(4) shall not apply to any interest in coal or land
conveyed, restored, or transferred by the United
States to a federally recognized Indian tribe, including any conveyance, restoration, or transfer made
pursuant to the Indian Reorganization Act, June 18,
1934 (c. 576, 48 Stat. 984, as amended) [25 U.S.C. 461 et
seq.]; the Act of June 28, 1938 (c. 776, 52 Stat. 1209 as
implemented by the order of September 14, 1938, 3
Fed. Reg. 1425); and including the area described in
section 3 of Public Law 98–290 [25 U.S.C. 668 note]; or
any executive order;
‘‘(5) shall not be construed to constitute a waiver of
any rights of the United States with respect to coalbed methane production that is not subject to subsection (a); and
‘‘(6) shall not limit the right of any person who entered into a contract or lease before the date of enactment of this Act [Nov. 10, 1998], or enters into a
contract or lease on or after the date of enactment of
this Act, for coal owned by the United States, to
mine and remove the coal and to release coalbed
methane without liability to any person referred to
in subsection (a)(1)(A) or (a)(2).’’
Similar provisions were contained in Pub. L. 105–277,
div. A, § 101(e) [title III, § 349], Oct. 21, 1998, 112 Stat.
2681–231, 2681–300.
LANDS IN NORTH PLATTE RECLAMATION PROJECT;
MINERAL RIGHTS
Patents for lands in North Platte Reclamation Project not to contain reservations of minerals in certain
cases, see section 125 of this title.

§ 82. New or supplemental patents, in case of
lands subsequently classified as noncoal
The Secretary of the Interior is authorized and
directed in cases where patents for public lands
have been issued to entrymen under the provisions of sections 81 and 83 to 85 of this title, reserving to the United States all coal deposits
therein, and lands so patented are subsequently
classified as noncoal in character, to issue new
or supplemental patents without such reservation.
(Apr. 14, 1914, ch. 55, 38 Stat. 335.)
§ 83. Homestead or desert-land and other entries
Unreserved public lands of the United States
exclusive of Alaska which have been withdrawn
or classified as coal lands, or are valuable for
coal, shall be subject to appropriate entry under
the homestead laws by actual settlers only, the
desert-land law, to selection under section 641 of
title 43, and to withdrawal under the Act approved June seventeenth, nineteen hundred and
two, known as the Reclamation Act, whenever
such entry, selection, or withdrawal shall be
made with a view of obtaining or passing title,
with a reservation to the United States of the
coal in such lands and of the right to prospect
for, mine, and remove the same. But all homestead entries made hereunder shall be subject to
the conditions, as to residence and cultivation,
of entries under section 218 of title 43. Those
who have initiated nonmineral entries, selections, or locations in good faith, prior to June
22, 1910, on lands withdrawn or classified as coal
lands may perfect the same under the provisions
of the laws under which said entries were made,
but shall receive the limited patent provided for
in sections 83 to 85 of this title.

Page 27

TITLE 30—MINERAL LANDS AND MINING

(June 22, 1910, ch. 318, § 1, 36 Stat. 583; June 16,
1955, ch. 145, § 1, 69 Stat. 138.)
REFERENCES IN TEXT
The Act approved June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902,
ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to chapter 12
(§ 371 et seq.) of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title
note set out under section 371 of Title 43 and Tables.
AMENDMENTS
1955—Act June 16, 1955, removed 160-acre limitation
on desert entry.
ADDITIONAL DESERT-LAND ENTRY
Section 3 of act June 16, 1955, as amended by Pub. L.
85–641, § 2, Aug. 14, 1958, 72 Stat. 596, provided that:
‘‘Any person who, prior to June 16, 1955, made a valid
desert-land entry on lands subject to such Act of June
22, 1910 [sections 83 to 85 of this title], or of July 17, 1914
[sections 121 to 123 of this title], may, if otherwise
qualified, make one additional entry, as a personal
privilege, not assignable, upon one or more tracts of
desert land subject to the provisions of such Acts, as
hereby amended, and section 7 of the Act entitled ‘An
Act to stop injury to the public grazing lands by preventing overgrazing and soil deterioration, to provide
for their orderly use, improvement, and development to
stabilize the livestock industry dependent upon the
public range, and for other purposes’, approved June 28,
1934, as amended (48 Stat. 1269, 1272; 43 U.S.C. 315f). The
additional land entered by any person pursuant to this
section shall not, together with his original entry, exceed three hundred and twenty acres, and all the tracts
included within the additional entry authorized by this
section shall be sufficiently close to each other to be
managed satisfactorily as an economic unit, as determined under rules and regulations issued by the Secretary of the Interior. Additional entries authorized by
this section shall be subject to all the requirements of
the desert-land law.’’
SUPPLEMENTAL PROVISIONS
Section 90 of this title, act Apr. 30, 1912, ch. 99, 37
Stat. 105, supplements this section by making provisions for the selection of coal lands by the several
States, and for their sale under the laws providing for
the sale of isolated or disconnected tracts of public
lands.

§ 84. Applications for entry
Any person desiring to make entry under the
homestead laws or the desert-land law, any
State desiring to make selection under section
641 of title 43, and the Secretary of the Interior
in withdrawing under the Reclamation Act lands
classified as coal lands, or valuable for coal,
with a view of securing or passing title to the
same in accordance with the provisions of said
Acts, shall state in the application for entry, selection, or notice of withdrawal that the same is
made in accordance with and subject to the provisions and reservations of sections 83 to 85 of
this title.
(June 22, 1910, ch. 318, § 2, 36 Stat. 584.)
REFERENCES IN TEXT
The Reclamation Act, referred to in text, is act June
17, 1902, ch. 1093, 32 Stat. 388, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 371 of
Title 43 and Tables.

§ 86

SUPPLEMENTAL PROVISIONS
See note set out under section 83 of this title.

§ 85. Patents for lands, with reservation of coal;
disposal of coal deposits
Upon satisfactory proof of full compliance
with the provisions of the laws under which
entry is made, and of sections 83 to 85 of this
title, the entryman shall be entitled to a patent
to the land entered by him, which patent shall
contain a reservation to the United States of all
the coal in the lands so patented, together with
the right to prospect for, mine, and remove the
same. The coal deposits in such lands shall be
subject to disposal by the United States in accordance with the provisions of the coal-land
laws in force at the time of such disposal. Any
person qualified to acquire coal deposits or the
right to mine and remove the coal under the
laws of the United States shall have the right,
at all times, to enter upon the lands selected,
entered, or patented, as provided by sections 83
to 85 of this title, for the purpose of prospecting
for coal thereon upon the approval by the Secretary of the Interior of a bond or undertaking
to be filed with him as security for the payment
of all damages to the crops and improvements
on such lands by reason of such prospecting.
Any person who has acquired from the United
States the coal deposits in any such land, or the
right to mine or remove the same, may reenter
and occupy so much of the surface thereof as
may be required for all purposes reasonably incident to the mining and removal of the coal
therefrom, and mine and remove the coal, upon
payment of the damages caused thereby to the
owner thereof, or upon giving a good and sufficient bond or undertaking in an action instituted in any competent court to ascertain and
fix said damages. The owner under such limited
patent shall have the right to mine coal for use
upon the land for domestic purposes at any time
prior to the disposal by the United States of the
coal deposits. Nothing herein contained shall be
held to deny or abridge the right to present and
have prompt consideration of applications to locate, enter, or select, under the land laws of the
United States, lands which have been classified
as coal lands with a view of disproving such
classification and securing a patent without reservation.
(June 22, 1910, ch. 318, § 3, 36 Stat. 584.)
SUPPLEMENTAL PROVISIONS
See note set out under section 83 of this title.

§ 86. Disposition of lands in Indian reservations
with reservation of coal; examination and appraisal of lands
In any Indian reservation opened to settlement and entry pursuant to a classification of
the surplus lands therein as mineral and nonmineral, such surplus lands not otherwise reserved or disposed of, which have been or may be
withdrawn or classified as coal lands or are valuable for coal deposits, shall be subject to the
same disposition as is or may be prescribed by
law for the nonmineral lands in such reservation
whenever proper application shall be made with
a view of obtaining title to such lands, with a

§ 87

TITLE 30—MINERAL LANDS AND MINING

reservation to the United States of the coal deposits therein and of the right to prospect for,
mine, and remove the same. Such surplus lands,
prior to any disposition hereunder, shall be examined, separated into classes the same as are
the nonmineral lands in such reservations, and
appraised, as to their value, exclusive of the coal
deposits therein, under such rules and regulations as shall be prescribed by the Secretary of
the Interior for that purpose.
(Feb. 27, 1917, ch. 133, § 1, 39 Stat. 944.)
§ 87. Statements in application; patents
Any applicant for lands mentioned in section
86 of this title shall state in his application that
the same is made in accordance with and subject
to the provisions and reservations of sections 86
to 89 of this title, and upon submission of satisfactory proof of full compliance with the provisions of law under which application or entry is
made and of sections 86 to 89 of this title shall
be entitled to a patent to the lands applied for
and entered by him, which patent shall contain
a reservation to the United States of all the coal
deposits in the lands so patented, together with
the right to prospect for, mine, and remove the
same.
(Feb. 27, 1917, ch. 133, § 2, 39 Stat. 945.)
§ 88. Disposition of coal by United States
If the coal-land laws have been or shall be extended over lands applied for, entered, or patented hereunder the coal deposits therein shall
be subject to disposal by the United States in
accordance with the provisions of the coal-land
laws in force at the time of such disposal. Any
person qualified to acquire coal deposits or the
right to mine and remove the coal under the
laws of the United States shall have the right at
all times to enter upon the lands applied for, entered, or patented under sections 86 to 89 of this
title, for the purpose of prospecting for coal
thereon, if such coal deposits are then subject to
disposition, upon the approval by the Secretary
of the Interior of a bond or undertaking to be
filed with him as security for the payment of all
damages to the crops and improvements on such
lands by reason of such prospecting. Any person
who has acquired from the United States the
coal deposits in any such lands, or the right to
mine or remove the same, may reenter and occupy so much of the surface thereof as may be
required for all purposes reasonably incident to
the mining and removal of the coal therefrom,
and mine and remove the coal, upon payment of
the damages caused thereby to the owner thereof, or upon giving a good and sufficient bond or
undertaking in an action instituted in any competent court to ascertain and fix said damages.
The owner under such limited patent shall have
the right to mine coal for personal use upon the
land for domestic purposes at any time prior to
the disposal by the United States of the coal deposits. Nothing herein contained shall be held to
deny or abridge the right to present and have
prompt consideration of applications made
under the applicable land laws of the United
States for any such surplus lands which have
been or may be classified as coal lands with a

Page 28

view of disproving such classification and securing a patent without reservation.
(Feb. 27, 1917, ch. 133, § 3, 39 Stat. 945.)
§ 89. Disposition of proceeds
The net proceeds derived from the sale and
entry of surplus lands in conformity with the
provisions of sections 86 to 89 of this title shall
be paid into the Treasury of the United States
to the credit of the same fund under the same
conditions and limitations as are or may be prescribed by law for the disposition of the proceeds
arising from the disposal of other surplus lands
in such Indian reservation. The provisions of
sections 86 to 89 of this title shall not apply to
the lands of the Five Civilized Tribes of Indians
in Oklahoma.
(Feb. 27, 1917, ch. 133, § 4, 39 Stat. 945.)
§ 90. Selection of coal lands by States; sale in isolated or disconnected tracts
Unreserved public lands of the United States,
exclusive of Alaska, which have been withdrawn
or classified as coal lands or are valuable for
coal shall, in addition to the classes of entries or
filings described in sections 83 to 85 of this title
be subject to selection by the several States
within whose limits the lands are situate, under
grants made by Congress, and to disposition, in
the discretion of the Secretary of the Interior,
under the laws providing for the sale of isolated
or disconnected tracts of public lands, but there
shall be a reservation to the United States of
the coal in all such lands so selected or sold and
of the right to prospect for, mine, and remove
the same in accordance with the provisions of
said sections, and such lands shall be subject to
all the conditions and limitations of said sections.
(Apr. 30, 1912, ch. 99, 37 Stat. 105.)
SUPPLEMENTAL PROVISIONS
Act Apr. 30, 1912, is supplemental to sections 83 to 85
of this title.

SUBCHAPTER
III—PETROLEUM,
OTHER
MINERAL OIL, OR GAS LAND ENTRIES
UNDER MINING LAWS
§ 101. Omitted
CODIFICATION
Section, act Feb. 11, 1897, ch. 216, 29 Stat. 526, related
to entry of mineral oil lands under placer mining laws.
See section 181 et seq. of this title.
SAVINGS PROVISION
Section 193 of this title contains a savings provision
protecting valid claims in existence on Feb. 20, 1920.

§ 102. Assessment work on contiguous oil lands,
located as claims, of same owner
Where oil lands are located under the provisions of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to
48, 50 to 52, 71 to 76 of this title and section 661
of title 43 as placer mining claims, the annual
assessment labor upon such claims may be done
upon any one of a group of claims lying contiguous and owned by the same person or corporation, not exceeding five claims in all, where such

Page 29

TITLE 30—MINERAL LANDS AND MINING

§ 122

labor will tend to the development or to determine the oil-bearing character of such contiguous claims.

SUBCHAPTER IV—HOMESTEAD ENTRY OF
LANDS IN UTAH, WITHDRAWN OR CLASSIFIED AS OIL LANDS

(Feb. 12, 1903, ch. 548, 32 Stat. 825.)

§§ 111 to 113. Repealed. Dec. 16, 1930, ch. 14, § 1,
46 Stat. 1028

REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘title thirty-two, chapter six, Revised Statutes of the United States’’, consisting of R.S. §§ 2318 to 2352.

§ 103. Patents for oil or gas lands not denied because of transfer before discovery of oil or
gas; acreage limitation; nonapplication to
withdraw lands
In no case shall patent be denied to or for any
lands located or claimed prior to March 2, 1911,
under the mining laws of the United States containing petroleum, mineral oil, or gas solely because of any transfer or assignment thereof or of
any interest or interests therein by the original
locator or locators, or any of them, to any qualified persons or person or corporation, prior to
discovery of oil or gas therein, but if such claim
is in all other respects valid and regular, patent
therefor not exceeding one hundred and sixty
acres in any one claim shall issue to the holder
or holders thereof, as in other cases. The above
provisions shall not apply where such lands were
at the time of inception of development on or
under such claim withdrawn from mineral
entry.
(Mar. 2, 1911, ch. 201, § 1, 36 Stat. 1015.)
§ 104. Agreements with applicants for patents as
to disposition of oil or gas, or proceeds thereof, pending determination of title; Navy Petroleum Fund
Where applications for patents have been or
may be offered for any oil or gas land included
in an order of withdrawal upon which oil or gas
had been discovered, or was being produced prior
to March 2, 1911, or upon which drilling operations were in actual progress on October 3, 1910,
and oil or gas is thereafter discovered thereon,
and where there has been no final determination
by the Secretary of the Interior upon such applications for patent, said Secretary, in his discretion, may enter into agreements, under such
conditions as he may prescribe with such applicants for patents in possession of such land or
any portions thereof, relative to the disposition
of the oil or gas produced therefrom or the proceeds thereof, pending final determination of the
title thereto by the Secretary of the Interior, or
such other disposition of the same as may be authorized by law. Any money which may accrue
to the United States under the provisions of sections 103 and 104 of this title from lands within
the Naval Petroleum Reserves shall be set aside
for the needs of the Navy and deposited in the
Treasury to the credit of a fund to be known as
the Navy Petroleum Fund, which fund shall be
applied to the needs of the Navy as Congress
may from time to time direct, by appropriation
or otherwise.
(Mar. 2, 1911, ch. 201, § 2, as added Aug. 25, 1914,
ch. 287, 38 Stat. 708.)

Section 111, act Aug. 24, 1912, ch. 367, § 1, 37 Stat. 496,
related to homestead entry of lands in Utah.
Section 112, act Aug. 24, 1912, ch. 367, § 2, 37 Stat. 496,
related to required information in the application for
entry.
Section 113, act Aug. 24, 1912, ch. 367, § 3, 37 Stat. 496,
related to reservation of oil and gas to the United
States in the lands entered.
Provisions on entry of lands withdrawn or classified
as oil lands are contained in sections 121 to 123 of this
title.

SUBCHAPTER V—AGRICULTURAL ENTRY
OF LANDS WITHDRAWN OR CLASSIFIED
AS CONTAINING PHOSPHATE, NITRATE,
POTASH, OIL, GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR
§ 121. Agricultural entry or purchase of lands
withdrawn or classified as containing phosphate, nitrate, potash, oil, or gas; reservations to United States; application
Lands withdrawn or classified as phosphate,
nitrate, potash, oil, gas, or asphaltic minerals,
or which are valuable for those deposits, shall be
subject to appropriation, location, selection,
entry, or purchase, if otherwise available, under
the nonmineral land laws of the United States,
whenever such location, selection, entry, or purchase shall be made with a view of obtaining or
passing title with a reservation to the United
States of the deposits on account of which the
lands were withdrawn or classified or reported
as valuable, together with the right to prospect
for, mine, and remove the same. All applications
to locate, select, enter, or purchase under this
section shall state that the same are made in accordance with and subject to the provisions and
reservations of sections 121 to 123 of this title.
(July 17, 1914, ch. 142, § 1, 38 Stat. 509; June 16,
1955, ch. 145, § 2, 69 Stat. 138.)
AMENDMENTS
1955—Act June 16, 1955, removed 160-acre limitation
on desert entry.
ADDITIONAL DESERT-LAND ENTRY
Increase of limitation with respect to desert entries
to 320 acres, see note set out under section 83 of this
title.

§ 122. Patents; reservation in the United States of
reserved deposits; acquisition of right to remove deposits; application for entry to disprove classification
Upon satisfactory proof of full compliance
with the provisions of the laws under which the
location, selection, entry, or purchase is made,
the locator, selector, entryman, or purchaser
shall be entitled to a patent to the land located,
selected, entered, or purchased, which patent
shall contain a reservation to the United States
of the deposits on account of which the lands so
patented were withdrawn or classified or reported as valuable, together with the right to

§ 123

TITLE 30—MINERAL LANDS AND MINING

prospect for, mine, and remove the same, such
deposits to be subject to disposal by the United
States only as shall be hereafter expressly directed by law: Provided, however, That all mineral deposits heretofore or hereafter reserved to
the United States under sections 121 to 123 of
this title which are subject, at the time of application for patent, to valid and subsisting rights
acquired by discovery and location under the
mining laws of the United States made prior to
the date of the Mineral Leasing Act of February
25, 1920 [30 U.S.C. 181 et seq.], shall hereafter be
subject to disposal to the holders of those valid
and subsisting rights by patent under the mining laws of the United States in force at the
time of such disposal. Any person qualified to
acquire the reserved deposits may enter upon
said lands with a view of prospecting for the
same upon the approval by the Secretary of the
Interior of a bond or undertaking to be filed
with him as security for the payment of all damages to the crops and improvements on such
lands by reason of such prospecting, the measure
of any such damage to be fixed by agreement of
parties or by a court of competent jurisdiction.
Any person who has acquired from the United
States the title to or the right to mine and remove the reserved deposits, should the United
States dispose of the mineral deposits in lands,
may reenter and occupy so much of the surface
thereof as may be required for all purposes reasonably incident to the mining and removal of
the minerals therefrom, and mine and remove
such minerals, upon payment of damages caused
thereby to the owner of the land, or upon giving
a good and sufficient bond or undertaking therefor in an action instituted in any competent
court to ascertain and fix said damages. Nothing
herein contained shall be held to deny or abridge
the right to present and have prompt consideration of applications to locate, select, enter, or
purchase, under the land laws of the United
States, lands which have been withdrawn or
classified as phosphate, nitrate, potash, oil, gas,
or asphaltic mineral lands, with a view of disproving such classification and securing patent
without reservation, nor shall persons who have
located, selected, entered, or purchased lands
subsequently withdrawn, or classified as valuable for said mineral deposits, be debarred from
the privilege of showing, at any time before
final entry, purchase, or approval of selection or
location, that the lands entered, selected, or located are in fact nonmineral in character.
(July 17, 1914, ch. 142, § 2, 38 Stat. 509; July 20,
1956, ch. 652, 70 Stat. 592.)
REFERENCES IN TEXT
The Mineral Leasing Act of February 25, 1920, referred to in text, is act Feb. 25, 1920, ch. 85, 41 Stat. 437,
as amended, which is classified generally to chapter 3A
(§ 181 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 181 of this title and Tables.
AMENDMENTS
1956—Act July 20, 1956, permitted disposal of mineral
deposits which are subject, at the time of application
for patent, to valid and subsisting rights acquired by
discovery and location under the mining laws made
prior to Feb. 25, 1920.

Page 30

LANDS IN NORTH PLATTE RECLAMATION PROJECT;
MINERAL RIGHTS
Patents for lands in North Platte Reclamation Project not to contain reservations of minerals in certain
cases, see section 125 of this title.

§ 123. Persons locating lands subsequently withdrawn or classified; patents to
Any person who has, in good faith, located, selected, entered, or purchased, or any person who
shall locate, select, enter, or purchase, after
July 17, 1914, under the nonmineral land laws of
the United States, any lands which are subsequently withdrawn, classified, or reported as
being valuable for phosphate, nitrate, potash,
oil, gas, or asphaltic minerals, may, upon application therefor, and making satisfactory proof
of compliance with the laws under which such
lands are claimed, receive a patent therefor,
which patent shall contain a reservation to the
United States of all deposits on account of
which the lands were withdrawn, classified, or
reported as being valuable, together with the
right to prospect for, mine, and remove the
same.
(July 17, 1914, ch. 142, § 3, 38 Stat. 510.)
NORTH PLATTE RECLAMATION PROJECT; ENTRY PRIOR
TO JULY 17, 1914; MINERAL RIGHTS
Patents for lands in North Platte Reclamation Project not to contain reservations of minerals in certain
cases, see section 125 of this title.

§ 124. Agricultural entry or purchase of lands
withdrawn or classified as containing sodium or sulphur
Lands withdrawn, classified, or reported as
valuable for sodium and/or sulphur and subject
to prospecting, leasing, or development under
the General Leasing Act of February 25, 1920, or
Acts amendatory thereof or supplementary
thereto [30 U.S.C. 181 et seq.], shall be subject to
appropriation, location, selection, entry, or purchase if otherwise available in the form and
manner and subject to the reservations, provisions, limitations, and conditions of the Act of
Congress approved July 17, 1914 (38 Stat. L. 509;
U.S.C., title 30, sec. 123); Provided, however, That
lands lying within the geologic structure of a
field, or withdrawn, classified, or reported as
valuable for any of the minerals named herein
and/or in any of said sections, or upon which
leases or prospecting permits have been applied
for or granted, for the production of any of such
minerals, shall not be subject to such appropriation, location, selection, entry, or purchase unless it shall be determined by the Secretary of
the Interior that such disposal will not unreasonably interfere with operations under said sections.
(Mar. 4, 1933, ch. 278, 47 Stat. 1570.)
REFERENCES IN TEXT
The General Leasing Act of February 25, 1920, referred to in text, probably means the Mineral Leasing
Act of 1920, act Feb. 25, 1920, ch. 85, 41 Stat. 437, as
amended, which is classified generally to chapter 3A
(§ 181 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 181 of this title and Tables.
The Act of Congress approved July 17, 1914, referred
to in text, is act July 17, 1914, ch. 142, 38 Stat. 509, as

Page 31

TITLE 30—MINERAL LANDS AND MINING

amended, which is classified to sections 121 to 123 of
this title.

§ 125. Patents in North Platte Reclamation
Project; mineral rights; subrogation
Where reclamation homestead entry was made
prior to July 17, 1914, pursuant to the Act of
June 17, 1902 (32 Stat. 389, 43 U.S.C. sec. 431), as
supplemented, for lands in the Northport Division or the Interstate Division of the North
Platte Reclamation Project, and after such
entry the lands have been or are hereafter withdrawn, classified, or reported as being valuable
for any of the minerals named in sections 81 and
121 to 124 of this title, the patent shall not contain a reservation of such minerals. If any such
mineral deposits on account of which the lands
were withdrawn, classified or reported as being
valuable have been leased by the United States,
such patent shall be made subject to the rights
of the lessee, but the patentee shall be subrogated to the rights of the United States under
the lease.
(Apr. 17, 1954, ch. 152, 68 Stat. 56.)
REFERENCES IN TEXT
Act of June 17, 1902, referred to in text, is act June
17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly
known as the Reclamation Act, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 371 of
Title 43 and Tables.

SUBCHAPTER
VI—LOCATION
OF
PHOSPHATE ROCK LANDS UNDER PLACERMINING LAWS
§ 131. Omitted
CODIFICATION
Section, act Jan. 11, 1915, ch. 9, 38 Stat. 792, provided
for perfection under placer mining laws of locations
made in good faith prior to Jan. 11, 1915, on public lands
containing deposits of phosphate rock.

SUBCHAPTER VII—PERMITS TO PROSPECT
FOR CHLORIDES, SULPHATES, CARBONATES, BORATES, SILICATES, OR NITRATES OF POTASSIUM
§§ 141 to 152. Repealed. Feb. 7, 1927, ch. 66, § 6, 44
Stat. 1058
Section 141, act Oct. 2, 1917, ch. 62, § 1, 40 Stat. 297, related to permits to prospect.
Section 142, act Oct. 2, 1917, ch. 62, § 2, 40 Stat. 298, related to patents to permittees.
Section 143, act Oct. 2, 1917, ch. 62, § 3, 40 Stat. 298, related to leases to permittees for campsites.
Section 144, act Oct. 2, 1917, ch. 62, § 4, 40 Stat. 299, related to cancellation of permits.
Section 145, act Oct. 2, 1917, ch. 62, § 5, 40 Stat. 299, related to restrictions on leasehold interests.
Section 146, act Oct. 2, 1917, ch. 62, §§ 6, 7, 40 Stat. 299,
related to reservations in leases.
Section 147, act Oct. 2, 1917, ch. 62, § 8, 40 Stat. 300, related to forfeitures in leases.
Section 148, act Oct. 2, 1917, ch. 62, § 9, 40 Stat. 300, related to potassium salts deposits.
Section 149, act Oct. 2, 1917, ch. 62, § 10, 40 Stat. 300,
related to disposition of royalties and rentals.
Section 150, act Oct. 2, 1917, ch. 62, § 11, 40 Stat. 300,
related to rules and regulations.
Section 151, act Oct. 2, 1917, ch. 62, § 12, 40 Stat. 300,
related to regulations for disposition of deposits.

§ 171

Section 152, act Oct. 2, 1917, ch. 62, § 13, 40 Stat. 300,
related to provisions in leases for regulation of price
and disposition of minerals.

SUBCHAPTER VIII—BUILDING STONE OR
SALINE LAND ENTRIES UNDER PLACERMINING LAWS
§ 161. Entry of building-stone lands; previous law
unaffected
Any person authorized to enter lands under
the mining laws of the United States may enter
lands that are chiefly valuable for building
stone under the provisions of the law in relation
to placer mineral claims. Lands reserved for the
benefit of the public schools or donated to any
States shall not be subject to entry under this
section. Nothing contained in this section shall
be construed to repeal section 471 of title 16 relating to the establishment of national forests.
(Aug. 4, 1892, ch. 375, §§ 1, 3, 27 Stat. 348.)
CODIFICATION
First two sentences of this section are from section 1
and last sentence of this section is from section 3 of act
Aug. 4, 1892.

§ 162. Entry of saline lands; limitation
All unoccupied public lands of the United
States containing salt springs, or deposits of
salt in any form, and chiefly valuable therefor,
shall be subject to location and purchase under
the provisions of the law relating to placer-mining claims. The same person shall not locate or
enter more than one claim hereunder.
(Jan. 31, 1901, ch. 186, 31 Stat. 745.)
SUBCHAPTER IX—DISPOSAL OF ALABAMA
LANDS AS AGRICULTURAL LANDS
§ 171. Disposal as agricultural lands
Except as otherwise provided in chapter 3A of
this title, all public lands within the State of
Alabama, whether mineral or otherwise, shall be
subject to disposal only as agricultural lands.
All lands which had been reported to the General Land Office prior to March 3, 1883, as containing coal and iron shall first be offered at
public sale.
(Mar. 3, 1883, ch. 118, 22 Stat. 487; Feb. 25, 1920,
ch. 85, § 1, 41 Stat. 437.)
CODIFICATION
Section is from act Mar. 3, 1883, which contained an
additional provision relating to pending homesteads,
which was omitted because of its temporary nature.
AMENDMENTS
1920—The exception clause was inserted at beginning
of this section because of act Feb. 25, 1920, which provided that deposits of coal, phosphate, sodium, oil, oil
shale, or gas, and lands containing such deposits owned
by the United States, shall be subject to disposition in
the form and manner provided by such act.
TRANSFER OF FUNCTIONS
General Land Office abolished and functions transferred to Bureau of Land Management by Reorg. Plan
No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
1100, and regulations thereunder. See note set out
under section 1 of Title 43, Public Lands.

§ 172

TITLE 30—MINERAL LANDS AND MINING

§ 172. Certain Alabama lands subject to homestead entry
All lands designated as agricultural in the reclassification of the public lands of Alabama by
the Secretary of the Interior under authority of
Act March 27, 1906 (chapter 1347, section 1, Thirty-fourth Statutes, page 88), shall be subject to
homestead entry as such.
(Mar. 27, 1906, ch. 1347, § 2, 34 Stat. 88.)
REFERENCES IN TEXT
Act March 27, 1906 (chapter 1347, section 1, Thirtyfourth Statutes, page 88), referred to in text, is not
classified to the Code.

CHAPTER 3A—LEASES AND PROSPECTING
PERMITS
SUBCHAPTER I—GENERAL PROVISIONS

Sec.

203.
204.
205.
206.

Additional lands or deposits.
Repealed.
Consolidation of leases.
Noncontiguous coal or phosphate tracts in
single lease.
207.
Conditions of lease.
208.
Permits to take coal for local domestic needs
without royalty payments; corporation exclusion; area to municipalities for household use without profit.
208–1.
Exploratory program for evaluation of known
recoverable coal resources.
208–2, 208a. Repealed.
209.
Suspension, waiver, or reduction of rents or
royalties to promote development or operation; extension of lease on suspension of
operations and production.
SUBCHAPTER III—PHOSPHATES
211.
212.

Sec.

181.
182.
183.
184.
184a.
185.
186.

187.

187a.
187b.
188.
188a.
189.
190.
191.
191a.
191b.
192.
192a.
192b.
192c.
193.
193a.
194.
195.
196.

Lands subject to disposition; persons entitled
to benefits; reciprocal privileges; helium
rights reserved.
Lands disposed of with reservation of deposits
of coal, etc.
Cancellation of prospecting permits.
Limitations on leases held, owned or controlled by persons, associations or corporations.
Authorization of States to include in agreements for conservation of oil and gas resources lands acquired from United States.
Rights-of-way for pipelines through Federal
lands.
Reservation of easements or rights-of-way for
working purposes; reservation of right to
dispose of surface of lands; determination
before offering of lease; easement periods.
Assignment or subletting of leases; relinquishment of rights under leases; conditions
in leases for protection of diverse interests
in operation of mines, wells, etc.; State
laws not impaired.
Oil or gas leases; partial assignments.
Oil or gas leases; written relinquishment of
rights; release of obligations.
Failure to comply with provisions of lease.
Surrender of leases.
Rules and regulations; boundary lines; State
rights unaffected; taxation.
Oath; requirement; form; blanks.
Disposition of moneys received.
Late payment charges under Federal mineral
leases.
Collection of unpaid and underpaid royalties
and late payment interest owed by lessees.
Payment of royalties in oil or gas; sale of
such oil or gas.
Cancellation or modification of contracts.
Application to contracts.
Rules and regulations governing issuance of
certain leases; disposition of receipts.
Disposition of deposits of coal, and so forth.
Preference right of United States to purchase
coal for Army and Navy; price for coal; civil
actions; jurisdiction.
Repealed.
Enforcement.
Cooperative agreements; delegation of authority.
SUBCHAPTER II—COAL

201.
Leases and exploration.
201–1 to 201b. Repealed or Omitted.
202.
Common carriers; limitations of lease or permit.
202a.
Consolidation of coal leases into logical mining unit.

Page 32

213.
214.

Phosphate deposits.
Surveys; royalties; time payable; annual
rentals; term of leases; readjustment on renewals; minimum production; suspension of
operation.
Royalties for use of deposits of silica, limestone, or other rock embraced in lease.
Use of surface of other public lands; acreage;
forest lands exception.
SUBCHAPTER IV—OIL AND GAS

221 to 222i. Omitted.
223.
Leases; amount and survey of land; term of
lease; royalties and annual rental.
223a.
Repealed.
224.
Payments for oil or gas taken prior to application for lease.
225.
Condition of lease, forfeiture for violation.
226.
Lease of oil and gas lands.
226–1.
Extension of noncompetitive oil or gas lease
issued before September 2, 1960.
226–2.
Limitations for filing oil and gas contests.
226–3.
Lands not subject to oil and gas leasing.
226a, 226b. Repealed.
226c.
Reduction of royalties under existing leases.
226d to 227. Omitted.
228.
Prospecting permits and leases to persons of
lands not withdrawn; terms and conditions
of; fraud of claimants.
229.
Preference right to permits or leases of
claimants of lands bona fide entered as agricultural land; terms and conditions.
229a.
Water struck while drilling for oil and gas.
230 to 233. Repealed.
233a.
Permits or leases of certain lands in Oklahoma; retention of royalties.
234 to 236. Repealed.
236a.
Lands in naval petroleum reserves and naval
oil-shale reserves; effect of other laws.
236b.
Existing leases within naval petroleum reserves not affected.
237.
Omitted.
SUBCHAPTER V—OIL SHALE
241.
242.

Leases of lands.
Oil shale claims.
SUBCHAPTER VI—ALASKA OIL PROVISO

251.

Leases to claimants of withdrawn lands;
terms and conditions; acreage; annual rentals and royalties; fraud of claimants.
SUBCHAPTER VII—SODIUM

261.
262.
263.

Prospecting permits; lands included; acreage.
Leases to permittees; survey of lands; royalties and annual rentals.
Permits to use or lease of nonmineral lands
for camp sites, and other purposes; annual
rentals; acreage.
SUBCHAPTER VIII—SULPHUR

271.

Prospecting permits; lands included; acreage.

Page 33

TITLE 30—MINERAL LANDS AND MINING

Sec.

272.
273.
274.
275.
276.

Leases to permittees; privileges extended to
oil and gas permittees.
Lease of lands not covered by permits or
leases; acreage; rental.
Lands containing coal or other minerals.
Laws applicable.
Application of subchapter to Louisiana and
New Mexico only.
SUBCHAPTER IX—POTASH

281.

282.
283.

284.

285.
286.
287.

Prospecting permits for chlorides, sulphates,
carbonates, borates, silicates, or nitrates of
potassium; authorization; acreage; lands affected.
Leases to permittees of lands showing valuable deposits; royalty.
Lands containing valuable deposits not covered by permits or leases; authority to
lease; acreage; conditions; renewals; exemptions from rentals and royalties; suspension
of operations.
Lands containing coal or other minerals in
addition to potassium deposits; issuance of
prospecting permits and leases; covenants
in potassium leases.
Laws applicable.
Disposition of royalties and rents from potassium leases.
Extension of prospecting permits.

SUBCHAPTER I—GENERAL PROVISIONS
§ 181. Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium
rights reserved
Deposits of coal, phosphate, sodium, potassium, oil, oil shale, gilsonite (including all veintype solid hydrocarbons), or gas, and lands containing such deposits owned by the United
States, including those in national forests, but
excluding lands acquired under the Appalachian
Forest Act, approved March 1, 1911 (36 Stat. 961),
and those in incorporated cities, towns, and villages and in national parks and monuments,
those acquired under other Acts subsequent to
February 25, 1920, and lands within the naval petroleum and oil-shale reserves, except as hereinafter provided, shall be subject to disposition in
the form and manner provided by this chapter to
citizens of the United States, or to associations
of such citizens, or to any corporation organized
under the laws of the United States, or of any
State or Territory thereof, or in the case of coal,
oil, oil shale, or gas, to municipalities. Citizens
of another country, the laws, customs, or regulations of which deny similar or like privileges
to citizens or corporations of this country, shall
not by stock ownership, stock holding, or stock
control, own any interest in any lease acquired
under the provisions of this chapter.
The term ‘‘oil’’ shall embrace all nongaseous
hydrocarbon substances other than those substances leasable as coal, oil shale, or gilsonite
(including all vein-type solid hydrocarbons).
The term ‘‘combined hydrocarbon lease’’ shall
refer to a lease issued in a special tar sand area
pursuant to section 226 of this title after November 16, 1981.
The term ‘‘special tar sand area’’ means (1) an
area designated by the Secretary of the Interior’s orders of November 20, 1980 (45 FR
76800–76801) and January 21, 1981 (46 FR 6077–6078)
as containing substantial deposits of tar sand.

§ 181

The United States reserves the ownership of
and the right to extract helium from all gas produced from lands leased or otherwise granted
under the provisions of this chapter, under such
rules and regulations as shall be prescribed by
the Secretary of the Interior: Provided further,
That in the extraction of helium from gas produced from such lands it shall be so extracted as
to cause no substantial delay in the delivery of
gas produced from the well to the purchaser
thereof.
(Feb. 25, 1920, ch. 85, § 1, 41 Stat. 437; Feb. 7, 1927,
ch. 66, § 5, 44 Stat. 1058; Aug. 8, 1946, ch. 916, § 1,
60 Stat. 950; Pub. L. 86–705, § 7(a), Sept. 2, 1960, 74
Stat. 790; Pub. L. 97–78, § 1(1), (4), Nov. 16, 1981, 95
Stat. 1070.)
REFERENCES IN TEXT
The Appalachian Forest Act, referred to in the first
undesignated paragraph, is act Mar. 1, 1911, ch. 186, 36
Stat. 961, as amended, also known as the Weeks Law,
which is classified to sections 480, 500, 513 to 519, 521, 552
and 563 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note
set out under section 552 of Title 16 and Tables.
AMENDMENTS
1981—Pub. L. 97–78, in first par., substituted ‘‘gilsonite (including all vein-type solid hydrocarbons),’’ for
‘‘native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands
from which oil is recoverable only by special treatment
after the deposit is mined or quarried)’’, and added,
after first par. three paragraphs which defined ‘‘oil’’,
‘‘combined hydrocarbon lease’’, and ‘‘special tar sand
area’’, respectively.
1960—Pub. L. 86–705 included deposits of native asphalt, solid and semisolid bitumen, and bituminous
rock.
1946—Act Aug. 8, 1946, reenacted: existing par., less
three provisos, as first sentence of first par., inserting
‘‘potassium’’ after ‘‘sodium’’, which was also included
in the 1927 amendment, and substituting provision for
disposition of deposits ‘‘in incorporated cities, towns,
and villages, and in national parks and monuments,
those acquired under other Acts subsequent to February 25, 1920, and lands within the naval petroleum
and oil-shale reserves’’ for such disposition ‘‘in national parks, and in lands withdrawn or reserved for
military or naval uses or purposes’’ and phrase ‘‘associations of such citizens’’ for ‘‘any association of such
persons’’; former third proviso as second sentence of
first par.; former first proviso, as second par., inserting
reservation of ownership provision and striking out
‘‘permitted’’ before ‘‘leased or otherwise granted’’; and
former second proviso as proviso in second par.
1927—Act Feb. 7, 1927, included deposits of potassium.
SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106–463, § 1, Nov. 7, 2000, 114 Stat. 2010, provided that: ‘‘This Act [amending section 184 of this title
and enacting provisions set out as a note under section
184 of this title] may be cited as the ‘Coal Market Competition Act of 2000’.’’
Pub. L. 106–393, title V, § 501, Oct. 30, 2000, 114 Stat.
1624, provided that: ‘‘This title [amending section 191 of
this title and enacting provisions set out as a note
under section 191 of this title] may be cited as the ‘Mineral Revenue Payments Clarification Act of 2000’.’’
SHORT TITLE OF 1987 AMENDMENT
Pub. L. 100–203, title V, § 5101(a), Dec. 22, 1987, 101
Stat. 1330–256, provided that: ‘‘This subtitle [subtitle B
(§§ 5101–5113) of Pub. L. 100–203, enacting sections 195
and 226–3 of this title, amending sections 187a, 187b, 188,
191, and 226 of this title and section 3148 of Title 16,

§ 182

TITLE 30—MINERAL LANDS AND MINING

Conservation, and enacting provisions set out as notes
under this section and section 226 of this title] may be
cited as the ‘Federal Onshore Oil and Gas Leasing Reform Act of 1987’.’’
SHORT TITLE OF 1981 AMENDMENT
Pub. L. 97–78, Nov. 16, 1981, 95 Stat. 1070, which
amended this section and sections 182, 184, 209, 226, 241,
351, and 352 of this title and enacted provisions set out
as a note under this section, is popularly known as the
‘‘Combined Hydrocarbon Leasing Act of 1981’’.
SHORT TITLE OF 1976 AMENDMENT
Pub. L. 94–377, § 1(a), Aug. 4, 1976, 90 Stat. 1083, as
amended by Pub. L. 95–554, § 8, Oct. 30, 1978, 92 Stat.
2075, provided that: ‘‘This Act [enacting sections 202a,
208–1, and 208–2 of this title, amending sections 184, 191,
201, 203, 207, 209, and 352 of this title, repealing sections
201–1 and 204 of this title, and enacting provisions set
out as notes under sections 184, 201, 201–1, 203, and 204
of this title] may be cited as the ‘Federal Coal Leasing
Amendments Act of 1976’.’’
SHORT TITLE OF 1960 AMENDMENT
Section 1 of Pub. L. 86–705 provided: ‘‘That this Act
[amending this section and sections 182, 184, 187a, 226,
226–1, 226–2, and 241 of this title, and enacted provisions
set out as notes under sections 187a and 226 of this title]
may be cited as the ‘Mineral Leasing Act Revision of
1960’.’’
SHORT TITLE
Act Feb. 25, 1920, ch. 85, § 44, as added Dec. 22, 1987,
Pub. L. 100–203, title V, § 5113, 101 Stat. 1330–263, provided that: ‘‘This Act [enacting this chapter] may be
cited as the ‘Mineral Leasing Act’.’’
This chapter is also popularly known as the ‘‘Mineral
Leasing Act of 1920’’ and the ‘‘Mineral Lands Leasing
Act’’.
SAVINGS PROVISION
Provisions of Federal Land Policy and Management
Act of 1976, Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743,
not to be construed as permitting any person to place,
or allow to be placed, spent oil shale, etc., on any Federal land other than land leased for the recovery of
shale oil under the act of Feb. 25, 1920, section 181 et
seq. of this title, see section 701(d) of Pub. L. 94–579, set
out as a note under section 1701 of Title 43, Public
Lands.
Section 15 of act Aug. 8, 1946, provided: ‘‘No repeal or
amendment made by this Act [enacting sections 187a,
187b, 226c–226e, and 236b, amending this section and sections 184, 188, 193, 209, 225, 226, and 285, and repealing
sections 223a, 226a, and 226b of this title] shall affect
any right acquired under the law as it existed prior to
such repeal or amendment, and such right shall be governed by the law in effect at the time of its acquisition;
but any person holding a lease on the effective date of
this Act [Aug. 8, 1946] may, by filing a statement to
that effect, elect to have his lease governed by the applicable provisions of this Act instead of by the law in
effect prior thereto.’’
CONSTRUCTION AND APPLICABILITY OF 1981
AMENDMENTS
Section 1(10), (11) of Pub. L. 97–78 provided that:
‘‘(10) Nothing in this Act [see Short Title of 1981
Amendment note above] shall affect the taxable status
of production from tar sand under the Crude Oil Windfall Profit Tax Act of 1980 (Public Law 96–223) [see
Tables for classification], reduce the depletion allowance for production from tar sand, or otherwise affect
the existing tax status applicable to such production.
‘‘(11) No provision of this Act [see Short Title of 1981
Amendment note above] shall apply to national parks,
national monuments, or other lands where mineral
leasing is prohibited by law. The Secretary of the Inte-

Page 34

rior shall apply the provisions of this Act to the Glen
Canyon National Recreation Area, and to any other
units of the national park system where mineral leasing is permitted, in accordance with any applicable
minerals management plan if the Secretary finds that
there will be no resulting significant adverse impacts
on the administration of such area, or on other contiguous units of the national park system.’’
ADMISSION OF ALASKA AS STATE: SELECTION OF LANDS
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.
Selection of lands by Alaska from lands made available by Statehood provisions including lands subject to
leases, permits, licenses or contracts issued under this
chapter, see section 6(h) of Pub. L. 85–508, set out as
note preceding section 21 of Title 48.
OUTER CONTINENTAL SHELF; MINERAL LEASES
Grant by the Secretary of the Interior of mineral
leases on submerged lands of outer Continental Shelf,
see section 1331 et seq., of Title 43, Public Lands.

§ 182. Lands disposed of with reservation of deposits of coal, etc.
The provisions of this chapter shall also apply
to all deposits of coal, phosphate, sodium, oil,
oil shale, gilsonite (including all vein-type solid
hydrocarbons), or gas in the lands of the United
States, which lands may have been or may be
disposed of under laws reserving to the United
States such deposits, with the right to prospect
for, mine, and remove the same, subject to such
conditions as are or may hereafter be provided
by such laws reserving such deposits.
(Feb. 25, 1920, ch. 85, § 34, 41 Stat. 450; Pub. L.
86–705, § 7(a), Sept. 2, 1960, 74 Stat. 790; Pub. L.
97–78, § 1(1), Nov. 16, 1981, 95 Stat. 1070.)
AMENDMENTS
1981—Pub. L. 97–78 substituted ‘‘gilsonite (including
all vein-type solid hydrocarbons),’’ for ‘‘native asphalt,
solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands from which oil is
recoverable only by special treatment after the deposit
is mined or quarried)’’.
1960—Pub. L. 86–705 included native asphalt, solid and
semisolid bitumen, and bituminous rock.

§ 183. Cancellation of prospecting permits
The Secretary of the Interior shall reserve and
may exercise the authority to cancel any prospecting permit upon failure by the permittee to
exercise due diligence in the prosecution of the
prospecting work in accordance with the terms
and conditions stated in the permit, and shall
insert in every such permit issued under the provisions of this chapter appropriate provisions for
its cancellation by him.
(Feb. 25, 1920, ch. 85, § 26, 41 Stat. 448.)
§ 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, asso-

Page 35

TITLE 30—MINERAL LANDS AND MINING

ciation, 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 fortysix thousand and eighty acres in any one State
other than Alaska 1 Provided, however, That acreage held in special tar sand areas, and acreage
under any lease any portion of which has been
committed to a federally approved unit or cooperative plan or communitization agreement or
for which royalty (including compensatory royalty or royalty in-kind) was paid in the preceding calendar year, 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 be1 So

in original. Probably should be followed by a colon.

§ 184

tween 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.
(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

§ 184

TITLE 30—MINERAL LANDS AND MINING

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.
(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
2 So
3 So

in original. Probably should be ‘‘unenforceable’’.
in original. Probably should be ‘‘unenforceability’’.

Page 36

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 re-

Page 37

TITLE 30—MINERAL LANDS AND MINING

sponsible 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 les-

§ 184

see, 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, § 27, 41 Stat. 448; Apr. 30,
1926, ch. 197, 44 Stat. 373; July 3, 1930, ch. 854, § 1,

§ 184

TITLE 30—MINERAL LANDS AND MINING

46 Stat. 1007; Mar. 4, 1931, ch. 506, 46 Stat. 1524;
Aug. 8, 1946, ch. 916, § 6, 60 Stat. 954; June 1, 1948,
ch. 365, 62 Stat. 285; June 3, 1948, ch. 379, § 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,
§ 1, Sept. 21, 1959, 73 Stat. 571; Pub. L. 86–391,
§ 1(c), Mar. 18, 1960, 74 Stat. 8; Pub. L. 86–705, § 3,
Sept. 2, 1960, 74 Stat. 785; Pub. L. 88–526, § 1, Aug.
31, 1964, 78 Stat. 710; Pub. L. 88–548, Aug. 31, 1964,
78 Stat. 754; Pub. L. 94–377, §§ 11, 15, Aug. 4, 1976,
90 Stat. 1090, 1091; Pub. L. 97–78, § 1(2), (5), Nov.
16, 1981, 95 Stat. 1070; Pub. L. 106–191, § 2, Apr. 28,
2000, 114 Stat. 232; Pub. L. 106–463, § 3, Nov. 7,
2000, 114 Stat. 2011; Pub. L. 109–58, title III, § 352,
Aug. 8, 2005, 119 Stat. 714.)
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, 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 (§ 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, § 7(b), Sept. 6, 1966, 80 Stat.
631, the first section of which enacted Title 5, Government Organization and Employees.
AMENDMENTS
2005—Subsec. (d)(1). Pub. L. 109–58 inserted ‘‘, and
acreage under any lease any portion of which has been
committed to a federally approved unit or cooperative
plan or communitization agreement or for which royalty (including compensatory royalty or royalty inkind) was paid in the preceding calendar year,’’ after
‘‘acreage held in special tar sand areas’’.
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.

Page 38

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, § 1(5), inserted proviso that acreage held in special tar sand areas not be
chargeable against State limitations.
Subsec. (k). Pub. L. 97–78, § 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, § 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, § 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, § 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

Page 39

TITLE 30—MINERAL LANDS AND MINING

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, § 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, § 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;

§ 184

‘‘(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, § 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 onethird 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 fu-

§ 184a

TITLE 30—MINERAL LANDS AND MINING

ture 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.

§ 184a. Authorization of States to include in
agreements for conservation of oil and gas
resources lands acquired from United States
Notwithstanding the provisions of any applicable grant, deed, patent, exchange, or law of
the United States, any State owning lands or interests therein acquired by it from the United
States may consent to the operation or development of such lands or interests, or any part
thereof, under agreements approved by the Secretary of the Interior made jointly or severally
with lessees or permittees of lands or mineral
deposits of the United States or others, for the
purpose of more properly conserving the oil and
gas resources within such State. Such agreements may provide for the cooperative or unit
operation or development of part or all of any
oil or gas pool, field, or area; for the allocation
of production and the sharing of proceeds from
the whole or any specified part thereof regardless of the particular tract from which production is obtained or proceeds are derived; and,
with the consent of the State, for the modification of the terms and provisions of State leases
for lands operated and developed thereunder, including the term of years for which said leases
were originally granted, to conform said leases
to the terms and provisions of such agreements:
Provided, That nothing in this section contained,
nor the effectuation of it, shall be construed as
in any respect waiving, determining or affecting
any right, title, or interest, which otherwise
may exist in the United States, and that the
making of any agreement, as provided in this
section, shall not be construed as an admission
as to the title or ownership of the lands included.
(Jan. 26, 1940, ch. 14, 54 Stat. 17.)
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.

§ 185. Rights-of-way for pipelines through Federal lands
(a) Grant of authority
Rights-of-way through any Federal lands may
be granted by the Secretary of the Interior or

Page 40

appropriate agency head for pipeline purposes
for the transportation of oil, natural gas, synthetic liquid or gaseous fuels, or any refined
product produced therefrom to any applicant
possessing the qualifications provided in section
181 of this title in accordance with the provisions of this section.
(b) Definitions
(1) For the purposes of this section ‘‘Federal
lands’’ means all lands owned by the United
States except lands in the National Park System, lands held in trust for an Indian or Indian
tribe, and lands on the Outer Continental Shelf.
A right-of-way through a Federal reservation
shall not be granted if the Secretary or agency
head determines that it would be inconsistent
with the purposes of the reservation.
(2) ‘‘Secretary’’ means the Secretary of the Interior.
(3) ‘‘Agency head’’ means the head of any Federal department or independent Federal office or
agency, other than the Secretary of the Interior,
which has jurisdiction over Federal lands.
(c) Inter-agency coordination
(1) Where the surface of all of the Federal
lands involved in a proposed right-of-way or permit is under the jurisdiction of one Federal
agency, the agency head, rather than the Secretary, is authorized to grant or renew the
right-of-way or permit for the purposes set forth
in this section.
(2) Where the surface of the Federal lands involved is administered by the Secretary or by
two or more Federal agencies, the Secretary is
authorized, after consultation with the agencies
involved, to grant or renew rights-of-way or permits through the Federal lands involved. The
Secretary may enter into interagency agreements with all other Federal agencies having jurisdiction over Federal lands for the purpose of
avoiding duplication, assigning responsibility,
expediting review of rights-of-way or permit applications, issuing joint regulations, and assuring a decision based upon a comprehensive review of all factors involved in any right-of-way
or permit application. Each agency head shall
administer and enforce the provisions of this
section, appropriate regulations, and the terms
and conditions of rights-of-way or permits insofar as they involve Federal lands under the
agency head’s jurisdiction.
(d) Width limitations
The width of a right-of-way shall not exceed
fifty feet plus the ground occupied by the pipeline (that is, the pipe and its related facilities)
unless the Secretary or agency head finds, and
records the reasons for his finding, that in his
judgment a wider right-of-way is necessary for
operation and maintenance after construction,
or to protect the environment or public safety.
Related facilities include but are not limited to
valves, pump stations, supporting structures,
bridges, monitoring and communication devices,
surge and storage tanks, terminals, roads, airstrips and campsites and they need not necessarily be connected or contiguous to the pipe
and may be the subjects of separate rights-ofway.

Page 41

TITLE 30—MINERAL LANDS AND MINING

(e) Temporary permits
A right-of-way may be supplemented by such
temporary permits for the use of Federal lands
in the vicinity of the pipeline as the Secretary
or agency head finds are necessary in connection
with construction, operation, maintenance, or
termination of the pipeline, or to protect the
natural environment or public safety.
(f) Regulatory authority
Rights-of-way or permits granted or renewed
pursuant to this section shall be subject to regulations promulgated in accord with the provisions of this section and shall be subject to such
terms and conditions as the Secretary or agency
head may prescribe regarding extent, duration,
survey, location, construction, operation, maintenance, use, and termination.
(g) Pipeline safety
The Secretary or agency head shall impose requirements for the operation of the pipeline and
related facilities in a manner that will protect
the safety of workers and protect the public
from sudden ruptures and slow degradation of
the pipeline.
(h) Environmental protection
(1) Nothing in this section shall be construed
to amend, repeal, modify, or change in any way
the requirements of section 102(2)(C) [42 U.S.C.
4332(2)(C)] or any other provision of the National
Environmental Policy Act of 1969 [42 U.S.C. 4321
et seq.].
(2) The Secretary or agency head, prior to
granting a right-of-way or permit pursuant to
this section for a new project which may have a
significant impact on the environment, shall require the applicant to submit a plan of construction, operation, and rehabilitation for such
right-of-way or permit which shall comply with
this section. The Secretary or agency head shall
issue regulations or impose stipulations which
shall include, but shall not be limited to: (A) requirements for restoration, revegetation, and
curtailment of erosion of the surface of the land;
(B) requirements to insure that activities in
connection with the right-of-way or permit will
not violate applicable air and water quality
standards nor related facility siting standards
established by or pursuant to law; (C) requirements designed to control or prevent (i) damage
to the environment (including damage to fish
and wildlife habitat), (ii) damage to public or
private property, and (iii) hazards to public
health and safety; and (D) requirements to protect the interests of individuals living in the
general area of the right-of-way or permit who
rely on the fish, wildlife, and biotic resources of
the area for subsistence purposes. Such regulations shall be applicable to every right-of-way or
permit granted pursuant to this section, and
may be made applicable by the Secretary or
agency head to existing rights-of-way or permits, or rights-of-way or permits to be renewed
pursuant to this section.
(i) Disclosure
If the applicant is a partnership, corporation,
association, or other business entity, the Secretary or agency head shall require the applicant to disclose the identity of the participants

§ 185

in the entity. Such disclosure shall include
where applicable (1) the name and address of
each partner, (2) the name and address of each
shareholder owning 3 per centum or more of the
shares, together with the number and percentage of any class of voting shares of the entity
which such shareholder is authorized to vote,
and (3) the name and address of each affiliate of
the entity together with, in the case of an affiliate controlled by the entity, the number of
shares and the percentage of any class of voting
stock of that affiliate owned, directly or indirectly, by that entity, and, in the case of an affiliate which controls that entity, the number of
shares and the percentage of any class of voting
stock of that entity owned, directly or indirectly, by the affiliate.
(j) Technical and financial capability
The Secretary or agency head shall grant or
renew a right-of-way or permit under this section only when he is satisfied that the applicant
has the technical and financial capability to
construct, operate, maintain, and terminate the
project for which the right-of-way or permit is
requested in accordance with the requirements
of this section.
(k) Public hearings
The Secretary or agency head by regulation
shall establish procedures, including public
hearings where appropriate, to give Federal,
State, and local government agencies and the
public adequate notice and an opportunity to
comment upon right-of-way applications filed
after the date of enactment of this subsection.
(l) Reimbursement of costs
The applicant for a right-of-way or permit
shall reimburse the United States for administrative and other costs incurred in processing
the application, and the holder of a right-of-way
or permit shall reimburse the United States for
the costs incurred in monitoring the construction, operation, maintenance, and termination
of any pipeline and related facilities on such
right-of-way or permit area and shall pay annually in advance the fair market rental value of
the right-of-way or permit, as determined by the
Secretary or agency head.
(m) Bonding
Where he deems it appropriate the Secretary
or agency head may require a holder of a rightof-way or permit to furnish a bond, or other security, satisfactory to the Secretary or agency
head to secure all or any of the obligations imposed by the terms and conditions of the rightof-way or permit or by any rule or regulation of
the Secretary or agency head.
(n) Duration of grant
Each right-of-way or permit granted or renewed pursuant to this section shall be limited
to a reasonable term in light of all circumstances concerning the project, but in no event
more than thirty years. In determining the duration of a right-of-way the Secretary or agency
head shall, among other things, take into consideration the cost of the facility, its useful life,
and any public purpose it serves. The Secretary
or agency head shall renew any right-of-way, in
accordance with the provisions of this section,

§ 185

TITLE 30—MINERAL LANDS AND MINING

so long as the project is in commercial operation and is operated and maintained in accordance with all of the provisions of this section.
(o) Suspension or termination of right-of-way
(1) Abandonment of a right-of-way or noncompliance with any provision of this section
may be grounds for suspension or termination of
the right-of-way if (A) after due notice to the
holder of the right-of-way, (B) a reasonable opportunity to comply with this section, and (C)
an appropriate administrative proceeding pursuant to section 554 of title 5, the Secretary or
agency head determines that any such ground
exists and that suspension or termination is justified. No administrative proceeding shall be required where the right-of-way by its terms provides that it terminates on the occurrence of a
fixed or agreed upon condition, event, or time.
(2) If the Secretary or agency head determines
that an immediate temporary suspension of activities within a right-of-way or permit area is
necessary to protect public health or safety or
the environment, he may abate such activities
prior to an administrative proceeding.
(3) Deliberate failure of the holder to use the
right-of-way for the purpose for which it was
granted or renewed for any continuous two-year
period shall constitute a rebuttable presumption
of abandonment of the right-of-way: Provided,
That where the failure to use the right-of-way is
due to circumstances not within the holder’s
control the Secretary or agency head is not required to commence proceedings to suspend or
terminate the right-of-way.
(p) Joint use of rights-of-way
In order to minimize adverse environmental
impacts and the proliferation of separate rightsof-way across Federal lands, the utilization of
rights-of-way in common shall be required to
the extent practical, and each right-of-way or
permit shall reserve to the Secretary or agency
head the right to grant additional rights-of-way
or permits for compatible uses on or adjacent to
rights-of-way or permit area granted pursuant
to this section.
(q) Statutes
No rights-of-way for the purposes provided for
in this section shall be granted or renewed
across Federal lands except under and subject to
the provisions, limitations, and conditions of
this section. Any application for a right-of-way
filed under any other law prior to the effective
date of this provision may, at the applicant’s option, be considered as an application under this
section. The Secretary or agency head may require the applicant to submit any additional information he deems necessary to comply with
the requirements of this section.
(r) Common carriers
(1) Pipelines and related facilities authorized
under this section shall be constructed, operated, and maintained as common carriers.
(2)(A) The owners or operators of pipelines
subject to this section shall accept, convey,
transport, or purchase without discrimination
all oil or gas delivered to the pipeline without
regard to whether such oil or gas was produced
on Federal or non-Federal lands.

Page 42

(B) In the case of oil or gas produced from Federal lands or from the resources on the Federal
lands in the vicinity of the pipeline, the Secretary may, after a full hearing with due notice
thereof to the interested parties and a proper
finding of facts, determine the proportionate
amounts to be accepted, conveyed, transported
or purchased.
(3)(A) The common carrier provisions of this
section shall not apply to any natural gas pipeline operated by any person subject to regulation under the Natural Gas Act [15 U.S.C. 717 et
seq.] or by any public utility subject to regulation by a State or municipal regulatory agency
having jurisdiction to regulate the rates and
charges for the sale of natural gas to consumers
within the State or municipality.
(B) Where natural gas not subject to State
regulatory or conservation laws governing its
purchase by pipelines is offered for sale, each
such pipeline shall purchase, without discrimination, any such natural gas produced in the vicinity of the pipeline.
(4) The Government shall in express terms reserve and shall provide in every lease of oil
lands under this chapter that the lessee, assignee, or beneficiary, if owner or operator of a
controlling interest in any pipeline or of any
company operating the pipeline which may be
operated accessible to the oil derived from lands
under such lease, shall at reasonable rates and
without discrimination accept and convey the
oil of the Government or of any citizen or company not the owner of any pipeline operating a
lease or purchasing gas or oil under the provisions of this chapter.
(5) Whenever the Secretary has reason to believe that any owner or operator subject to this
section is not operating any oil or gas pipeline
in complete accord with its obligations as a
common carrier hereunder, he may request the
Attorney General to prosecute an appropriate
proceeding before the Secretary of Energy or
Federal Energy Regulatory Commission or any
appropriate State agency or the United States
district court for the district in which the pipeline or any part thereof is located, to enforce
such obligation or to impose any penalty provided therefor, or the Secretary may, by proceeding as provided in this section, suspend or
terminate the said grant of right-of-way for noncompliance with the provisions of this section.
(6) The Secretary or agency head shall require,
prior to granting or renewing a right-of-way,
that the applicant submit and disclose all plans,
contracts, agreements, or other information or
material which he deems necessary to determine
whether a right-of-way shall be granted or renewed and the terms and conditions which
should be included in the right-of-way. Such information may include, but is not limited to: (A)
conditions for, and agreements among owners or
operators, regarding the addition of pumping facilities, looping, or otherwise increasing the
pipeline or terminal’s throughput capacity in response to actual or anticipated increases in demand; (B) conditions for adding or abandoning
intake, offtake, or storage points or facilities;
and (C) minimum shipment or purchase tenders.
(s) Exports of Alaskan North Slope oil
(1) Subject to paragraphs (2) through (6) of this
subsection and notwithstanding any other provi-

Page 43

TITLE 30—MINERAL LANDS AND MINING

sion of this chapter or any other provision of
law (including any regulation) applicable to the
export of oil transported by pipeline over rightof-way granted pursuant to section 1652 of title
43, such oil may be exported unless the President finds that exportation of this oil is not in
the national interest. The President shall make
his national interest determination within five
months of November 28, 1995. In evaluating
whether exports of this oil are in the national
interest, the President shall at a minimum consider—
(A) whether exports of this oil would diminish the total quantity or quality of petroleum
available to the United States;
(B) the results of an appropriate environmental review, including consideration of appropriate measures to mitigate any potential
adverse effects of exports of this oil on the environment, which shall be completed within
four months of November 28, 1995; and
(C) whether exports of this oil are likely to
cause sustained material oil supply shortages
or sustained oil prices significantly above
world market levels that would cause sustained material adverse employment effects in
the United States or that would cause substantial harm to consumers, including noncontiguous States and Pacific territories.
If the President determines that exports of this
oil are in the national interest, he may impose
such terms and conditions (other than a volume
limitation) as are necessary or appropriate to
ensure that such exports are consistent with the
national interest.
(2) Except in the case of oil exported to a
country with which the United States entered
into a bilateral international oil supply agreement before November 26, 1979, or to a country
pursuant to the International Emergency Oil
Sharing Plan of the International Energy Agency, any oil transported by pipeline over right-ofway granted pursuant to section 1652 of title 43
shall, when exported, be transported by a vessel
documented under the laws of the United States
and owned by a citizen of the United States (as
determined in accordance with section 50501 of
title 46).
(3) Nothing in this subsection shall restrict
the authority of the President under the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the
National Emergencies Act (50 U.S.C. 1601 et
seq.), or Part B of title II of the Energy Policy
and Conservation Act (42 U.S.C. 6271–76) to prohibit exports.
(4) The Secretary of Commerce shall issue any
rules necessary for implementation of the President’s national interest determination, including any licensing requirements and conditions,
within 30 days of the date of such determination
by the President. The Secretary of Commerce
shall consult with the Secretary of Energy in
administering the provisions of this subsection.
(5) If the Secretary of Commerce finds that exporting oil under authority of this subsection
has caused sustained material oil supply shortages or sustained oil prices significantly above
world market levels and further finds that these
supply shortages or price increases have caused
or are likely to cause sustained material adverse

§ 185

employment effects in the United States, the
Secretary of Commerce, in consultation with
the Secretary of Energy, shall recommend, and
the President may take, appropriate action concerning exports of this oil, which may include
modifying or revoking authority to export such
oil.
(6) Administrative action under this subsection is not subject to sections 551 and 553
through 559 of title 5.
(t) Existing rights-of-way
The Secretary or agency head may ratify and
confirm any right-of-way or permit for an oil or
gas pipeline or related facility that was granted
under any provision of law before the effective
date of this subsection, if it is modified by mutual agreement to comply to the extent practical with the provisions of this section. Any action taken by the Secretary or agency head pursuant to this subsection shall not be considered
a major Federal action requiring a detailed
statement pursuant to section 102(2)(C) of the
National Environmental Policy Act of 1970 (Public Law 90–190; 42 U.S.C. 4321).1
(u) Limitations on export
Any domestically produced crude oil transported by pipeline over rights-of-way granted
pursuant to this section, except such crude oil
which is either exchanged in similar quantity
for convenience or increased efficiency of transportation with persons or the government of an
adjacent foreign state, or which is temporarily
exported for convenience or increased efficiency
of transportation across parts of an adjacent foreign state and reenters the United States, shall
be subject to all of the limitations and licensing
requirements of the Export Administration Act
of 1979 (50 U.S.C. App. 2401 and following) and, in
addition, before any crude oil subject to this
section may be exported under the limitations
and licensing requirements and penalty and enforcement provisions of the Export Administration Act of 1979 the President must make and
publish an express finding that such exports will
not diminish the total quantity or quality of petroleum available to the United States, and are
in the national interest and are in accord with
the provisions of the Export Administration Act
of 1979: Provided, That the President shall submit reports to the Congress containing findings
made under this section, and after the date of
receipt of such report Congress shall have a period of sixty calendar days, thirty days of which
Congress must have been in session, to consider
whether exports under the terms of this section
are in the national interest. If the Congress
within this time period passes a concurrent resolution of disapproval stating disagreement
with the President’s finding concerning the national interest, further exports made pursuant
to the aforementioned Presidential findings
shall cease.
(v) State standards
The Secretary or agency head shall take into
consideration and to the extent practical comply with State standards for right-of-way construction, operation, and maintenance.
1 So in original. Probably should be ‘‘National Environmental
Policy Act of 1969 (Public Law 91–190; 42 U.S.C. 4332(2)(C))’’.

§ 185

TITLE 30—MINERAL LANDS AND MINING

(w) Reports
(1) The Secretary and other appropriate agency heads shall report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate
annually on the administration of this section
and on the safety and environmental requirements imposed pursuant thereto.
(2) The Secretary or agency head shall
promptly notify the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate upon
receipt of an application for a right-of-way for a
pipeline twenty-four inches or more in diameter,
and no right-of-way for such a pipeline shall be
granted until a notice of intention to grant the
right-of-way, together with the Secretary’s or
agency head’s detailed findings as to the terms
and conditions he proposes to impose, has been
submitted to such committees.
(3) Periodically, but at least once a year, the
Secretary of the Department of Transportation
shall cause the examination of all pipelines and
associated facilities on Federal lands and shall
cause the prompt reporting of any potential
leaks or safety problems.
(x) Liability
(1) The Secretary or agency head shall promulgate regulations and may impose stipulations
specifying the extent to which holders of rightsof-way and permits under this chapter shall be
liable to the United States for damage or injury
incurred by the United States in connection
with the right-of-way or permit. Where the
right-of-way or permit involves lands which are
under the exclusive jurisdiction of the Federal
Government, the Secretary or agency head shall
promulgate regulations specifying the extent to
which holders shall be liable to third parties for
injuries incurred in connection with the rightof-way or permit.
(2) The Secretary or agency head may, by regulation or stipulation, impose a standard of
strict liability to govern activities taking place
on a right-of-way or permit area which the Secretary or agency head determines, in his discretion, to present a foreseeable hazard or risk of
danger to the United States.
(3) Regulations and stipulations pursuant to
this subsection shall not impose strict liability
for damage or injury resulting from (A) an act of
war, or (B) negligence of the United States.
(4) Any regulation or stipulation imposing liability without fault shall include a maximum
limitation on damages commensurate with the
foreseeable risks or hazards presented. Any liability for damage or injury in excess of this
amount shall be determined by ordinary rules of
negligence.
(5) The regulations and stipulations shall also
specify the extent to which such holders shall
indemnify or hold harmless the United States
for liability, damage, or claims arising in connection with the right-of-way or permit.
(6) Any regulation or stipulation promulgated
or imposed pursuant to this section shall provide that all owners of any interest in, and all
affiliates or subsidiaries of any holder of, a

Page 44

right-of-way or permit shall be liable to the
United States in the event that a claim for damage or injury cannot be collected from the holder.
(7) In any case where liability without fault is
imposed pursuant to this subsection and the
damages involved were caused by the negligence
of a third party, the rules of subrogation shall
apply in accordance with the law of the jurisdiction where the damage occurred.
(y) Antitrust laws
The grant of a right-of-way or permit pursuant
to this section shall grant no immunity from
the operation of the Federal antitrust laws.
(Feb. 25, 1920, ch. 85, § 28, 41 Stat. 449; Aug. 21,
1935, ch. 599, § 1, 49 Stat. 678; Aug. 12, 1953, ch. 408,
67 Stat. 557; Pub. L. 93–153, title I, § 101, Nov. 16,
1973, 87 Stat. 576; Pub. L. 95–91, title III, §§ 301(b),
306, title IV, § 402(a), (b), title VII, §§ 703, 707,
Aug. 4, 1977, 91 Stat. 578, 581, 583, 584, 606, 607;
Pub. L. 99–64, title I, § 123(b), July 12, 1985, 99
Stat. 156; Pub. L. 101–475, § 1, Oct. 30, 1990, 104
Stat. 1102; Pub. L. 103–437, § 11(a)(1), Nov. 2, 1994,
108 Stat. 4589; Pub. L. 104–58, title II, § 201, Nov.
28, 1995, 109 Stat. 560; Pub. L. 104–66, title I,
§ 1121(k), Dec. 21, 1995, 109 Stat. 724.)
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (h)(1), is Pub. L. 91–190, Jan 1, 1970,
83 Stat. 852, as amended, which is classified generally
to chapter 55 (§ 4321 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 4321 of Title 42 and Tables.
The date of enactment of this subsection, referred to
in subsec. (k), the effective date of this provision, referred to in subsec. (q), and the effective date of this
subsection, referred to in subsec. (t), probably mean the
date of approval of Pub. L. 93–153, which was Nov. 16,
1973.
The Natural Gas Act, referred to in subsec. (r)(3)(A),
is act June 21, 1938, ch. 556, 52 Stat. 821, as amended,
which is classified generally to chapter 15B (§ 717 et
seq.) of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see section 717w
of Title 15 and Tables.
The International Emergency Economic Powers Act,
referred to in subsec. (s)(3), is title II of Pub. L. 95–223,
Dec. 28, 1977, 91 Stat. 1626, as amended, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50,
War and National Defense. For complete classification
of this Act to the Code, see Short Title note set out
under section 1701 of Title 50 and Tables.
The National Emergencies Act, referred to in subsec.
(s)(3), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, as
amended, which is classified principally to chapter 34
(§ 1601 et seq.) of Title 50. For complete classification of
this Act to the Code, see Short Title note set out under
section 1601 of Title 50 and Tables.
The Energy Policy and Conservation Act, referred to
in subsec. (s)(3), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat.
871, as amended. Part B of title II of the Act is classified generally to part B (§ 6271 et seq.) of subchapter II
of chapter 77 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 6201 of Title 42
and Tables.
The Export Administration Act of 1979, referred to in
subsec. (u), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503,
as amended, which is classified principally to section
2401 et seq. of Title 50, Appendix, War and National Defense. For complete classification of this Act to the
Code, see Short Title note set out under section 2401 of
Title 50, Appendix, and Tables.

Page 45

TITLE 30—MINERAL LANDS AND MINING

§ 185

CODIFICATION

TRANSFER OF FUNCTIONS

In subsec. (s)(2), ‘‘section 50501 of title 46’’ substituted
for ‘‘section 2 of the Shipping Act, 1916 (46 U.S.C. App.
802)’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006,
120 Stat. 1709, which Act enacted section 50501 of Title
46, Shipping.

Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with grants of rights-of-way and temporary use permits
for Federal land and such functions of Secretary or
other official in Department of Agriculture, insofar as
they involve lands and programs under jurisdiction of
Department of Agriculture, related to compliance with
associated land use permits authorized for and in conjunction with grants of rights-of-way across Federal
lands issued under this section with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas
were transferred to the Federal Inspector, Office of
Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of
initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e),
(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of
Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority
vested in Inspector transferred to Secretary of Energy
by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section
719e of Title 15, Commerce and Trade. Functions and
authority vested in Secretary of Energy subsequently
transferred to Federal Coordinator for Alaska Natural
Gas Transportation Projects by section 720d(f) of Title
15.
‘‘Secretary of Energy or Federal Energy Regulatory
Commission’’ substituted for ‘‘Interstate Commerce
Commission or Federal Power Commission’’ in subsec.
(r)(5) pursuant to sections 301(b), 306, 402(a), (b), 703, and
707 of Pub. L. 95–91, which are classified to sections
7151(b), 7155, 7172(a), (b), 7293, and 7297 of Title 42, The
Public Health and Welfare, and which transferred functions vested in Interstate Commerce Commission, and
Chairman and members thereof, relating to transportation of oil by pipeline to Secretary of Energy (except
for certain functions which were transferred to Federal
Energy Regulatory Commission within Department of
Energy), and terminated Federal Power Commission
and transferred its functions to Secretary of Energy
(except for certain functions which were transferred to
Federal Energy Regulatory Commission).

AMENDMENTS
1995—Subsec. (s). Pub. L. 104–58 amended heading and
text of subsec. (s) generally. Prior to amendment, subsec. (s) provided that the Secretary of Interior, in consultation with Federal and State agencies, review need
for national system of transportation and utility corridors across Federal lands and report to Congress and
the President by July 1, 1975.
Subsec. (w)(4). Pub. L. 104–66 struck out par. (4) which
read as follows: ‘‘The Secretary of the Department of
Transportation shall report annually to the President,
the Congress, the Secretary of the Interior, and the
Secretary of Energy any potential dangers of or actual
explosions, or potential or actual spillage on Federal
lands and shall include in such report a statement of
corrective action taken to prevent such explosion or
spillage.’’
1994—Subsec. (w)(1), (2). Pub. L. 103–437 substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
before ‘‘of the United States House’’.
1990—Subsec. (w)(1). Pub. L. 101–475, § 1(a), substituted
‘‘Committee on Interior and Insular Affairs of the
United States House of Representatives and the Committee on Energy and Natural Resources of the United
States Senate’’ for ‘‘House and Senate Committees on
Interior and Insular Affairs’’.
Subsec. (w)(2). Pub. L. 101–475, § 1(b), amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
‘‘The Secretary or agency head shall notify the House
and Senate Committees on Interior and Insular Affairs
promptly upon receipt of an application for a right-ofway for a pipeline twenty-four inches or more in diameter, and no right-of-way for such a pipeline shall be
granted until sixty days (not counting days on which
the House of Representatives or the Senate has adjourned for more than three days) after a notice of intention to grant the right-of-way, together with the
Secretary’s or agency head’s detailed findings as to
terms and conditions he proposes to impose, has been
submitted to such committees, unless each committee
by resolution waives the waiting period.’’
1985—Subsec. (u). Pub. L. 99–64 substituted ‘‘Export
Administration Act of 1979 (50 U.S.C. App. 2401 and following)’’ for ‘‘Export Administration Act of 1969 (Act of
December 30, 1969; 83 Stat. 841)’’ and ‘‘Export Administration Act of 1979’’ for ‘‘Export Administration Act of
1969’’ in two places.
1973—Pub. L. 93–153 completely rewrote the section
substituting 25 subsecs. lettered (a) through (y) covering all aspects of the granting of rights-of-way for pipelines through Federal lands for the former single unlettered paragraph under which rights-of-way of 25 feet on
each side of the pipeline could be granted and under
which the pipeline was to be operated as a common carrier.
1953—Act Aug. 12, 1953, permitted companies subject
to Federal regulation, or public utilities subject to
State regulations, to pass through the public domain
without incurring the obligation to become a common
carrier.
1935—Act Aug. 21, 1935, substituted ‘‘may be granted
by the Secretary of the Interior’’ for ‘‘are granted’’ and
inserted ‘‘and conditions’’ after ‘‘regulations’’ in two
places, and ‘‘and shall accept, convey, transport, or
purchase without discrimination, oil or natural gas
produced from Government lands in the vicinity of the
pipe line in such proportionate amounts as the Secretary of the Interior may, after a full hearing with notice thereof to the interested parties and a proper finding of facts, determine to be reasonable:’’ after ‘‘and
maintained as common carriers.’’.

REIMBURSEMENT OF ADMINISTRATIVE AND OTHER COSTS
Pub. L. 105–277, div. A, § 101(e) [title II], Oct. 21, 1998,
112 Stat. 2681–231, 2681–272, provided that: ‘‘Notwithstanding any other provision of law, hereafter money
collected, in advance or otherwise, by the Forest Service under authority of section 101 of Public Law 93–153
(30 U.S.C. 185(1)[(l)]) as reimbursement of administrative and other costs incurred in processing pipeline
right-of-way or permit applications and for costs incurred in monitoring the construction, operation,
maintenance, and termination of any pipeline and related facilities, may be used to reimburse the applicable appropriation to which such costs were originally
charged.’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 105–83, title II, Nov. 14, 1997, 111 Stat. 1576.
Pub. L. 104–208, div. A, title I, § 101(d) [title II], Sept.
30, 1996, 110 Stat. 3009–181, 3009–208.
Pub. L. 104–134, title I, § 101(c) [title II], Apr. 26, 1996,
110 Stat. 1321–156, 1321–184; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2524.
Pub. L. 103–138, title II, Nov. 11, 1993, 107 Stat. 1403.
Pub. L. 102–381, title II, Oct. 5, 1992, 106 Stat. 1401.
Pub. L. 102–154, title II, Nov. 13, 1991, 105 Stat. 1017.
GAO REPORT
Section 202 of Pub. L. 104–58 directed the Comptroller
General of the United States to commence, three years
after Nov. 28, 1995, a review of energy production in

§ 186

TITLE 30—MINERAL LANDS AND MINING

California and Alaska and the effects of Alaskan North
Slope oil exports, if any, on consumers, independent refiners, and shipbuilding and ship repair yards on the
West Coast and in Hawaii, and to submit to Congress,
within twelve months after commencing the review, a
report containing recommendations for Congress and
the President to address job loss in the shipbuilding
and ship repair industry on the West Coast, as well as
adverse impacts on consumers and refiners on the West
Coast and in Hawaii, that are attributed to Alaska
North Slope oil exports.
OUTER CONTINENTAL SHELF; PIPELINE RIGHTS-OF-WAY
Pipeline rights-of-way in connection with oil, gas,
and other leases on submerged lands of outer Continental Shelf, see section 1334 of Title 43, Public Lands.
EXPORTS OF ALASKAN NORTH SLOPE (ANS) CRUDE OIL
Memorandum of President of the United States, Apr.
28, 1996, 61 F.R. 19507, provided:
Memorandum for the Secretary of Commerce [and]
the Secretary of Energy
Pursuant to section 28(s) of the Mineral Leasing Act,
as amended, 30 U.S.C. 185, I hereby determine that exports of crude oil transported over right-of-way granted
pursuant to section 203 of the Trans-Alaska Pipeline
Authorization Act [43 U.S.C. 1652] are in the national
interest. In making this determination, I have taken
into account the conclusions of an interagency working
group, which found that such oil exports:
—will not diminish the total quantity or quality of
petroleum available to the United States; and
—are not likely to cause sustained material oil supply shortages or sustained oil price increases significantly above world market levels that would cause sustained material adverse employment effects in the
United States or that would cause substantial harm to
consumers, including those located in noncontiguous
States and Pacific Territories.
I have also considered the interagency group’s conclusions regarding potential environmental impacts of
lifting the ban. Based on their findings and recommendations, I have concluded that exports of such
crude oil will not pose significant risks to the environment if certain terms and conditions are met.
Therefore, pursuant to section 28(s) of the Mineral
Leasing Act I direct the Secretary of Commerce to promulgate immediately a general license, or a license exception, authorizing exports of such crude oil, subject
to appropriate documentation requirements, and consistent with the following conditions:
—tankers exporting ANS exports must use the same
route that they do for shipments to Hawaii until they
reach a point 300 miles due south of Cape Hinchinbrook
Light and then turn toward Asian destinations. After
reaching that point, tankers in the ANS oil trade must
remain outside of the 200 nautical-miles Exclusive Economic Zone of the United States as defined in the Fisheries Conservation and Management Act (16 U.S.C. 1811)
[probably means the Magnuson-Stevens Fishery Conservation and Management Act]. This condition also
applies to tankers returning from foreign ports to
Valdez, Alaska. Exceptions can be made at the discretion of the vessel master only to ensure the safety of
the vessel;
—that export tankers be equipped with satellitebased communications systems that will enable the
Coast Guard independently to determine their location.
The Coast Guard will conduct appropriate monitoring
of the tankers, a measure that will ensure compliance
with the 200-mile condition, and help the Coast Guard
respond quickly to any emergencies;
—the owner or operator of an Alaskan North Slope
crude oil export tankship shall maintain a Critical
Area Inspection Plan for each tankship in the trade in
accordance with the U.S. Coast Guard’s Navigation and
Inspection Circular No. 15–91 as amended, which shall
include an annual internal survey of the vessel’s cargo
block tanks; and

Page 46

—the owner or operator of an Alaskan North Slope
crude oil export tankship shall adopt a mandatory program of deep water ballast exchange (i.e., in 2,000 meters water depth). Exceptions can be made at the discretion of the captain only in order to ensure the safety
of the vessel. Recordkeeping subject to Coast Guard
audit will be required as part of this regime.
The Secretary of Commerce is authorized and directed to inform the appropriate committees of the
Congress of this determination and to publish it in the
Federal Register.
WILLIAM J. CLINTON.

§ 186. Reservation of easements or rights-of-way
for working purposes; reservation of right to
dispose of surface of lands; determination before offering of lease; easement periods
Any permit, lease, occupation, or use permitted under this chapter shall reserve to the
Secretary of the Interior the right to permit
upon such terms as he may determine to be just,
for joint or several use, such easements or
rights-of-way, including easements in tunnels
upon, through, or in the lands leased, occupied,
or used as may be necessary or appropriate to
the working of the same, or of other lands containing the deposits described in this chapter,
and the treatment and shipment of the products
thereof by or under authority of the Government, its lessees, or permittees, and for other
public purposes. The Secretary of the Interior,
in his discretion, in making any lease under this
chapter, may reserve to the United States the
right to lease, sell, or otherwise dispose of the
surface of the lands embraced within such lease
under existing law or laws hereafter enacted, insofar as said surface is not necessary for use of
the lessee in extracting and removing the deposits therein. If such reservation is made it shall
be so determined before the offering of such
lease. The said Secretary, during the life of the
lease, is authorized to issue such permits for
easements herein provided to be reserved.
(Feb. 25, 1920, ch. 85, § 29, 41 Stat. 449.)
§ 187. Assignment or subletting of leases; relinquishment of rights under leases; conditions
in leases for protection of diverse interests
in operation of mines, wells, etc.; State laws
not impaired
No lease issued under the authority of this
chapter shall be assigned or sublet, except with
the consent of the Secretary of the Interior. The
lessee may, in the discretion of the Secretary of
the Interior, be permitted at any time to make
written relinquishment of all rights under such
a lease, and upon acceptance thereof be thereby
relieved of all future obligations under said
lease, and may with like consent surrender any
legal subdivision of the area included within the
lease. Each lease shall contain provisions for the
purpose of insuring the exercise of reasonable
diligence, skill, and care in the operation of said
property; a provision that such rules for the
safety and welfare of the miners and for the prevention of undue waste as may be prescribed by
said Secretary shall be observed, including a restriction of the workday to not exceeding eight
hours in any one day for underground workers
except in cases of emergency; provisions prohibiting the employment of any child under the age

Page 47

TITLE 30—MINERAL LANDS AND MINING

of sixteen in any mine below the surface; provisions securing the workmen complete freedom of
purchase; provision requiring the payment of
wages at least twice a month in lawful money of
the United States, and providing proper rules
and regulations to insure the fair and just
weighing or measurement of the coal mined by
each miner, and such other provisions as he may
deem necessary to insure the sale of the production of such leased lands to the United States
and to the public at reasonable prices, for the
protection of the interests of the United States,
for the prevention of monopoly, and for the safeguarding of the public welfare. None of such provisions shall be in conflict with the laws of the
State in which the leased property is situated.
(Feb. 25, 1920, ch. 85, § 30, 41 Stat. 449; Pub. L.
95–554, § 5, Oct. 30, 1978, 92 Stat. 2074.)
AMENDMENTS
1978—Pub. L. 95–554 substituted ‘‘provisions prohibiting the employment of any child under the age of sixteen in any mine below the surface’’ for ‘‘provisions
prohibiting the employment of any boy under the age
of sixteen or the employment of any girl or woman,
without regard to age, in any mine below the surface’’.

§ 187a. Oil or gas leases; partial assignments
Notwithstanding anything to the contrary in
section 187 of this title, any oil or gas lease issued under the authority of this chapter may be
assigned or subleased, as to all or part of the
acreage included therein, subject to final approval by the Secretary and as to either a divided or undivided interest therein, to any person or persons qualified to own a lease under
this chapter, and any assignment or sublease
shall take effect as of the first day of the lease
month following the date of filing in the proper
land office of three original executed counterparts thereof, together with any required bond
and proof of the qualification under this chapter
of the assignee or sublessee to take or hold such
lease or interest therein. Until such approval,
however, the assignor or sublessor and his surety shall continue to be responsible for the performance of any and all obligations as if no assignment or sublease had been executed. The
Secretary shall disapprove the assignment or
sublease only for lack of qualification of the assignee or sublessee or for lack of sufficient bond:
Provided, however, That the Secretary may, in
his discretion, disapprove an assignment of any
of the following, unless the assignment constitutes the entire lease or is demonstrated to
further the development of oil and gas:
(1) A separate zone or deposit under any
lease.
(2) A part of a legal subdivision.
(3) Less than 640 acres outside Alaska or of
less than 2,560 acres within Alaska.
Requests for approval of assignment or sublease
shall be processed promptly by the Secretary.
Except where the assignment or sublease is not
in accordance with applicable law, the approval
shall be given within 60 days of the date of receipt by the Secretary of a request for such approval. Upon approval of any assignment or sublease, the assignee or sublessee shall be bound
by the terms of the lease to the same extent as

§ 187b

if such assignee or sublessee were the original
lessee, any conditions in the assignment or sublease to the contrary notwithstanding. Any partial assignment of any lease shall segregate the
assigned and retained portions thereof, and as
above provided, release and discharge the assignor from all obligations thereafter accruing
with respect to the assigned lands; and such segregated leases shall continue in full force and effect for the primary term of the original lease,
but for not less than two years after the date of
discovery of oil or gas in paying quantities upon
any other segregated portion of the lands originally subject to such lease. Assignments under
this section may also be made of parts of leases
which are in their extended term because of any
provision of this chapter. Upon the segregation
by an assignment of a lease issued after September 2, 1960 and held beyond its primary term by
production, actual or suspended, or the payment
of compensatory royalty, the segregated lease of
an undeveloped, assigned, or retained part shall
continue for two years, and so long thereafter as
oil or gas is produced in paying quantities.
(Feb. 25, 1920, ch. 85, § 30A, formerly § 30a, as
added Aug. 8, 1946, ch. 916, § 7, 60 Stat. 955;
amended July 29, 1954, ch. 644, § 1(6), 68 Stat. 585;
Pub. L. 86–705, § 6, Sept. 2, 1960, 74 Stat. 790; renumbered § 30A and amended Pub. L. 100–203,
title V, § 5103, Dec. 22, 1987, 101 Stat. 1330–258.)
AMENDMENTS
1987—Pub. L. 100–203 substituted third to fifth sentences for former third sentence which read as follows:
‘‘The Secretary shall disapprove the assignment or sublease only for lack of qualification of the assignee or
sublessee or for lack of sufficient bond: Provided, however, That the Secretary may, in his discretion, disapprove an assignment of a separate zone or deposit
under any lease, or of a part of a legal subdivision.’’
1960—Pub. L. 86–705 amended last sentence to restrict
automatic extensions after Sept. 2, 1960.
1954—Act July 29, 1954, authorized partial assignment
of a lease in its extended term regardless of reason for
extension.
SAVINGS PROVISION
See note set out under section 181 of this title.
LEASES ISSUED PRIOR TO SEPTEMBER 2, 1960
Section 6 of Pub. L. 86–705 provided in part that: ‘‘The
provisions of this section 6 [amending this section]
shall not be applicable to any lease issued prior to the
effective date of this Act [Sept. 2, 1960].’’

§ 187b. Oil or gas leases; written relinquishment
of rights; release of obligations
Notwithstanding any provision to the contrary in section 187 of this title, a lessee may at
any time make and file in the appropriate land
office a written relinquishment of all rights
under any oil or gas lease issued under the authority of this chapter or of any legal subdivision of the area included within any such lease.
Such relinquishment shall be effective as of the
date of its filing, subject to the continued obligation of the lessee and his surety to make payment of all accrued rentals and royalties and to
place all wells on the lands to be relinquished in
condition for suspension or abandonment in accordance with the applicable lease terms and
regulations; thereupon the lessee shall be re-

§ 188

TITLE 30—MINERAL LANDS AND MINING

leased of all obligations thereafter accruing
under said lease with respect to the lands relinquished, but no such relinquishment shall release such lessee, or his bond, from any liability
for breach of any obligation of the lease, other
than an obligation to drill, accrued at the date
of the relinquishment.
(Feb. 25, 1920, ch. 85, § 30B, formerly § 30b, as
added Aug. 8, 1946, ch. 916, § 8, 60 Stat. 956; renumbered § 30B, Pub. L. 100–203, title V, § 5103,
Dec. 22, 1987, 101 Stat. 1330–258.)
SAVINGS PROVISION
See note set out under section 181 of this title.

§ 188. Failure to comply with provisions of lease
(a) Forfeiture
Except as otherwise herein provided, any lease
issued under the provisions of this chapter may
be forfeited and canceled by an appropriate proceeding in the United States district court for
the district in which the property, or some part
thereof, is located whenever the lessee fails to
comply with any of the provisions of this chapter, of the lease, or of the general regulations
promulgated under this chapter and in force at
the date of the lease; and the lease may provide
for resort to appropriate methods for the settlement of disputes or for remedies for breach of
specified conditions thereof.
(b) Cancellation
Any lease issued after August 21, 1935, under
the provisions of section 226 of this title shall be
subject to cancellation by the Secretary of the
Interior after 30 days notice upon the failure of
the lessee to comply with any of the provisions
of the lease, unless or until the leasehold contains a well capable of production of oil or gas
in paying quantities, or the lease is committed
to an approved cooperative or unit plan or
communitization agreement under section
226(m) of this title which contains a well capable
of production of unitized substances in paying
quantities. Such notice in advance of cancellation shall be sent the lease owner by registered
letter directed to the lease owner’s record postoffice address, and in case such letter shall be
returned as undelivered, such notice shall also
be posted for a period of thirty days in the
United States land office for the district in
which the land covered by such lease is situated,
or in the event that there is no district land office for such district, then in the post office
nearest such land. Notwithstanding the provisions of this section, however, upon failure of a
lessee to pay rental on or before the anniversary
date of the lease, for any lease on which there is
no well capable of producing oil or gas in paying
quantities, the lease shall automatically terminate by operation of law: Provided, however, That
when the time for payment falls upon any day in
which the proper office for payment is not open,
payment may be received the next official working day and shall be considered as timely made:
Provided, That if the rental payment due under
a lease is paid on or before the anniversary date
but either (1) the amount of the payment has
been or is hereafter deficient and the deficiency
is nominal, as determined by the Secretary by

Page 48

regulation, or (2) the payment was calculated in
accordance with the acreage figure stated in the
lease, or in any decision affecting the lease, or
made in accordance with a bill or decision which
has been rendered by him and such figure, bill,
or decision is found to be in error resulting in a
deficiency, such lease shall not automatically
terminate unless (1) a new lease had been issued
prior to May 12, 1970, or (2) the lessee fails to pay
the deficiency within the period prescribed in a
notice of deficiency sent to him by the Secretary.
(c) Reinstatement
Where any lease has been or is hereafter terminated automatically by operation of law
under this section for failure to pay on or before
the anniversary date the full amount of rental
due, but such rental was paid on or tendered
within twenty days thereafter, and it is shown
to the satisfaction of the Secretary of the Interior that such failure was either justifiable or
not due to a lack of reasonable diligence on the
part of the lessee, the Secretary may reinstate
the lease if—
(1) a petition for reinstatement, together
with the required rental, including back rental
accruing from the date of termination of the
lease, is filed with the Secretary; and
(2) no valid lease has been issued affecting
any of the lands covered by the terminated
lease prior to the filing of said petition. The
Secretary shall not issue any new lease affecting any of the lands covered by such terminated lease for a reasonable period, as determined in accordance with regulations issued
by him. In any case where a reinstatement of
a terminated lease is granted under this subsection and the Secretary finds that the reinstatement of such lease will not afford the lessee a reasonable opportunity to continue operations under the lease, the Secretary may, at
his discretion, extend the term of such lease
for such period as he deems reasonable: Provided, That (A) such extension shall not exceed
a period equivalent to the time beginning
when the lessee knew or should have known of
the termination and ending on the date the
Secretary grants such petition; (B) such extension shall not exceed a period equal to the unexpired portion of the lease or any extension
thereof remaining at the date of termination;
and (C) when the reinstatement occurs after
the expiration of the term or extension thereof
the lease may be extended from the date the
Secretary grants the petition.
(d) Additional grounds for reinstatement
(1) Where any oil and gas lease issued pursuant
to section 226(b) or (c) of this title or the Mineral Leasing Act for Acquired Lands (30 U.S.C.
351 et seq.) has been, or is hereafter, terminated
automatically by operation of law under this
section for failure to pay on or before the anniversary date the full amount of the rental due,
and such rental is not paid or tendered within
twenty days thereafter, and it is shown to the
satisfaction of the Secretary of the Interior that
such failure was justifiable or not due to lack of
reasonable diligence on the part of the lessee,
or, no matter when the rental is paid after termination, it is shown to the satisfaction of the

Page 49

TITLE 30—MINERAL LANDS AND MINING

Secretary that such failure was inadvertent, the
Secretary may reinstate the lease as of the date
of termination for the unexpired portion of the
primary term of the original lease or any extension thereof remaining at the date of termination, and so long thereafter as oil or gas is
produced in paying quantities. In any case
where a lease is reinstated under this subsection
and the Secretary finds that the reinstatement
of such lease (A) occurs after the expiration of
the primary term or any extension thereof, or
(B) will not afford the lessee a reasonable opportunity to continue operations under the lease,
the Secretary may, at his discretion, extend the
term of such lease for such period as he deems
reasonable, but in no event for more than two
years from the date the Secretary authorizes
the reinstatement and so long thereafter as oil
or gas is produced in paying quantities.
(2) No lease shall be reinstated under paragraph (1) of this subsection unless—
(A) with respect to any lease that terminated under subsection (b) of this section on or
before August 8, 2005, a petition for reinstatement (together with the required back rental
and royalty accruing after the date of termination) is filed on or before the earlier of—
(i) 60 days after the lessee receives from
the Secretary notice of termination, whether by return of check or by any other form
of actual notice; or
(ii) 15 months after the termination of the
lease; or
(B) with respect to any lease that terminates
under subsection (b) of this section after August 8, 2005, a petition for reinstatement (together with the required back rental and royalty accruing after the date of termination) is
filed on or before the earlier of—
(i) 60 days after receipt of the notice of termination sent by the Secretary by certified
mail to all lessees of record; or
(ii) 24 months after the termination of the
lease.
(e) Conditions for reinstatement
Any reinstatement under subsection (d) of this
section shall be made only if these conditions
are met:
(1) no valid lease, whether still in existence
or not, shall have been issued affecting any of
the lands covered by the terminated lease
prior to the filing of such petition: Provided,
however, That after receipt of a petition for reinstatement, the Secretary shall not issue any
new lease affecting any of the lands covered by
such terminated lease for a reasonable period,
as determined in accordance with regulations
issued by him;
(2) payment of back rentals and either the
inclusion in a reinstated lease issued pursuant
to the provisions of section 226(b) of this title
of a requirement for future rentals at a rate of
not less than $10 per acre per year, or the inclusion in a reinstated lease issued pursuant
to the provisions of section 226(c) of this title
of a requirement that future rentals shall be
at a rate not less than $5 per acre per year, all
as determined by the Secretary;
(3)(A) payment of back royalties and the inclusion in a reinstated lease issued pursuant

§ 188

to the provisions of section 226(b) of this title
of a requirement for future royalties at a rate
of not less than 162⁄3 percent computed on a
sliding scale based upon the average production per well per day, at a rate which shall be
not less than 4 percentage points greater than
the competitive royality 1 schedule then in
force and used for royalty determination for
competitive leases issued pursuant to such
section as determined by the Secretary: Provided, That royalty on such reinstated lease
shall be paid on all production removed or sold
from such lease subsequent to the termination
of the original lease;
(B) payment of back royalties and inclusion
in a reinstated lease issued pursuant to the
provisions of section 226(c) of this title of a requirement for future royalties at a rate not
less than 162⁄3 percent: Provided, That royalty
on such reinstated lease shall be paid on all
production removed or sold from such lease
subsequent to the cancellation or termination
of the original lease; and
(4) notice of the proposed reinstatement of a
terminated lease, including the terms and conditions of reinstatement, shall be published in
the Federal Register at least thirty days in advance of the reinstatement.
A copy of said notice, together with information
concerning rental, royalty, volume of production, if any, and any other matter which the
Secretary deemed significant in making this determination to reinstate, shall be furnished to
the Committee on Natural Resources of the
House of Representatives and the Committee on
Energy and Natural Resources of the Senate at
least thirty days in advance of the reinstatement. The lessee of a reinstated lease shall reimburse the Secretary for the administrative
costs of reinstating the lease, but not to exceed
$500. In addition the lessee shall reimburse the
Secretary for the cost of publication in the Federal Register of the notice of proposed reinstatement.
(f) Issuance of noncompetitive oil and gas lease;
conditions
Where an unpatented oil placer mining claim
validly located prior to February 24, 1920, which
has been or is currently producing or is capable
of producing oil or gas, has been or is hereafter
deemed conclusively abandoned for failure to
file timely the required instruments or copies of
instruments required by section 1744 of title 43,
and it is shown to the satisfaction of the Secretary that such failure was inadvertent, justifiable, or not due to lack of reasonable diligence
on the part of the owner, the Secretary may
issue, for the lands covered by the abandoned
unpatented oil placer mining claim, a noncompetitive oil and gas lease, consistent with
the provisions of section 226(e) of this title, to be
effective from the statutory date the claim was
deemed conclusively abandoned. Issuance of
such a lease shall be conditioned upon:
(1) a petition for issuance of a noncompetitive oil and gas lease, together with the required rental and royalty, including back
rental and royalty accruing from the statu1 So

in original. Probably should be ‘‘royalty’’.

§ 188

TITLE 30—MINERAL LANDS AND MINING

tory date of abandonment of the oil placer
mining claim, being filed with the Secretary—
(A) with respect to any claim deemed conclusively abandoned on or before January 12,
1983, on or before the one hundred and twentieth day after January 12, 1983, or
(B) with respect to any claim deemed conclusively abandoned after January 12, 1983,
on or before the one hundred and twentieth
day after final notification by the Secretary
or a court of competent jurisdiction of the
determination of the abandonment of the oil
placer mining claim;
(2) a valid lease not having been issued affecting any of the lands covered by the abandoned oil placer mining claim prior to the filing of such petition: Provided, however, That
after the filing of a petition for issuance of a
lease under this subsection, the Secretary
shall not issue any new lease affecting any of
the lands covered by such abandoned oil placer
mining claim for a reasonable period, as determined in accordance with regulations issued
by him;
(3) a requirement in the lease for payment of
rental, including back rentals accruing from
the statutory date of abandonment of the oil
placer mining claim, of not less than $5 per
acre per year;
(4) a requirement in the lease for payment of
royalty on production removed or sold from
the oil placer mining claim, including all royalty on production made subsequent to the
statutory date the claim was deemed conclusively abandoned, of not less than 121⁄2 percent;
and
(5) compliance with the notice and reimbursement of costs provisions of paragraph (4)
of subsection (e) of this section but addressed
to the petition covering the conversion of an
abandoned unpatented oil placer mining claim
to a noncompetitive oil and gas lease.
(g) Treatment of leases
(1) Except as otherwise provided in this section, a reinstated lease shall be treated as a
competitive or a noncompetitive oil and gas
lease in the same manner as the original lease
issued pursuant to section 226(b) or (c) of this
title.
(2) Except as otherwise provided in this section, the issuance of a lease in lieu of an abandoned patented oil placer mining claim shall be
treated as a noncompetitive oil and gas lease issued pursuant to section 226(c) of this title.
(3) Notwithstanding any other provision of
law, any lease issued pursuant to section 223 of
this title shall be eligible for reinstatement
under the terms and conditions set forth in subsections (c), (d), and (e) of this section, applicable to leases issued under section 226(c) of this
title except, that, upon reinstatement, such
lease shall continue for twenty years and so long
thereafter as oil or gas is produced in paying
quantities.
(4) Notwithstanding any other provision of
law, any lease issued pursuant to section 223 of
this title shall, upon renewal on or after November 15, 1990, continue for twenty years and so
long thereafter as oil or gas is produced in paying quantities.

Page 50

(h) Statutory provisions applicable to leases
The minimum royalty provisions of section
226(m) of this title and the provisions of section
209 of this title shall be applicable to leases issued pursuant to subsections (d) and (f) of this
section.
(i) Royalty reductions
(1) In acting on a petition to issue a noncompetitive oil and gas lease, under subsection
(f) of this section or in response to a request
filed after issuance of such a lease, or both, the
Secretary is authorized to reduce the royalty on
such lease if in his judgment it is equitable to do
so or the circumstances warrant such relief due
to uneconomic or other circumstances which
could cause undue hardship or premature termination of production.
(2) In acting on a petition for reinstatement
pursuant to subsection (d) of this section or in
response to a request filed after reinstatement,
or both, the Secretary is authorized to reduce
the royalty in that reinstated lease on the entire leasehold or any tract or portion thereof
segregated for royalty purposes if, in his judgment, there are uneconomic or other circumstances which could cause undue hardship or
premature termination of production; or because of any written action of the United States,
its agents or employees, which preceded, and
was a major consideration in, the lessee’s expenditure of funds to develop the property under
the lease after the rent had become due and had
not been paid; or if in the judgment of the Secretary it is equitable to do so for any reason.
(j) Discretion of Secretary
Where, in the judgment of the Secretary of the
Interior, drilling operations were being diligently conducted on the last day of the primary
term of the lease, and, except for nonpayment of
rental, the lessee would have been entitled to
extension of his lease, pursuant to section
226–1(d) of this title, the Secretary of the Interior may reinstate such lease notwithstanding
the failure of the lessee to have made payment
of the next year’s rental, provided the conditions of subparagraphs (1) and (2) of subsection
(c) of this section are satisfied.
(Feb. 25, 1920, ch. 85, § 31, 41 Stat. 450; Aug. 8,
1946, ch. 916, § 9, 60 Stat. 956; July 29, 1954, ch. 644,
§ 1(7), 68 Stat. 585; Pub. L. 87–822, § 1, Oct. 15, 1962,
76 Stat. 943; Pub. L. 91–245, §§ 1, 2, May 12, 1970,
84 Stat. 206; Pub. L. 97–451, title IV, § 401, Jan. 12,
1983, 96 Stat. 2462; Pub. L. 100–203, title V,
§§ 5102(d)(2), 5104, Dec. 22, 1987, 101 Stat. 1330–258,
1330–259; Pub. L. 101–567, § 1, Nov. 15, 1990, 104
Stat. 2802; Pub. L. 103–437, § 11(a)(1), Nov. 2, 1994,
108 Stat. 4589; Pub. L. 109–58, title III, § 371(b),
Aug. 8, 2005, 119 Stat. 734.)
REFERENCES IN TEXT
The Mineral Leasing Act for Acquired Lands, referred
to in subsec. (d)(1), is act Aug. 7, 1947, ch. 513, 61 Stat.
913, as amended, which is classified generally to chapter 7 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 351 of this title and Tables.
AMENDMENTS
2005—Subsec. (d)(2)(A), (B). Pub. L. 109–58 added subpars. (A) and (B) and struck out former subpars. (A) and

Page 51

TITLE 30—MINERAL LANDS AND MINING

(B), which related to reinstatement with respect to any
lease that terminated under subsec. (b) of this section
prior to Jan. 12, 1983, and reinstatement with respect to
any lease that terminated under subsec. (b) of this section on or after Jan. 12, 1983.
1994—Subsec. (e). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ before ‘‘of
the House’’ in concluding provisions.
1990—Subsec. (g)(3), (4). Pub. L. 101–567 added pars. (3)
and (4).
1987—Subsec. (b). Pub. L. 100–203, § 5104, amended first
sentence generally. Prior to amendment, first sentence
read as follows: ‘‘Any lease issued after August 21, 1935,
under the provisions of section 226 of this title shall be
subject to cancellation by the Secretary of the Interior
after thirty days’ notice upon the failure of the lessee
to comply with any of the provisions of the lease, unless or until the land covered by any such lease is
known to contain valuable deposits of oil or gas.’’
Subsec. (h). Pub. L. 100–203, § 5102(d)(2), substituted
‘‘section 226(m)’’ for ‘‘section 226(j)’’.
1983—Subsecs. (d) to (j). Pub. L. 97–451 added subsecs.
(d) to (i) and redesignated former subsec. (d) as (j).
1970—Subsec. (b). Pub. L. 91–245, § 1, inserted proviso
authorizing continuance of a lease where timely paid
rent is nominally deficient or miscalculated due to an
error either in acreage figure stated in the lease, in any
decision affecting the lease, or in a bill or decision rendered by the Secretary, except where a new lease was
issued prior to May 12, 1970 or the lessee failed to pay
the deficiency within the period allowed by the Secretary.
Subsec. (c). Pub. L. 91–245, § 2, inserted provisions allowing reinstatement of a lease despite a twenty-day
delay in payment of rent, made the payment of back
rental accruing from the date of termination of the
lease a prerequisite to such reinstatement, restricted
the Secretary’s power to issue a new lease on the lands
covered by the terminated lease, gave the Secretary
discretion to extend the term of a reinstated lease so as
to afford the lessee a reasonable opportunity to continue operations under the lease, and struck out requirement that the petition for reinstatement of any
lease terminated prior to Oct. 15, 1962 be filed within
180 days after Oct. 15, 1962.
1962—Pub. L. 87–822 designated existing pars. as subsecs. (a) and (b) and added subsecs. (c) and (d).
1954—Act July 29, 1954, provided for automatic termination of a lease on failure to pay rental on or before
anniversary date of lease, for any lease on which there
is no well capable of producing oil or gas in paying
quantities.
1946—Act Aug. 8, 1946, principally added second par.
relating to cancellation of leases by Secretary of the
Interior.
SAVINGS PROVISION
See note set out under section 181 of this title.
REINSTATEMENT OF LEASES
Pub. L. 109–58, title III, § 371(a), Aug. 8, 2005, 119 Stat.
734, provided that:
‘‘Notwithstanding section 31(d)(2)(B) of the Mineral
Leasing Act (30 U.S.C. 188(d)(2)(B)) as in effect before
the effective date of this section [probably means the
date of enactment of Pub. L. 109–58, Aug. 8, 2005], and
notwithstanding the amendment made by subsection
(b) of this section [amending this section], the Secretary of the Interior may reinstate any oil and gas
lease issued under that Act [30 U.S.C. 181 et seq.] that
was terminated for failure of a lessee to pay the full
amount of rental on or before the anniversary date of
the lease, during the period beginning on September 1,
2001, and ending on June 30, 2004, if—
‘‘(1) not later than 120 days after the date of enactment of this Act [Aug. 8, 2005], the lessee—
‘‘(A) files a petition for reinstatement of the
lease;
‘‘(B) complies with the conditions of section 31(e)
of the Mineral Leasing Act (30 U.S.C. 188(e)); and

§ 189

‘‘(C) certifies that the lessee did not receive a notice of termination by the date that was 13 months
before the date of termination; and
‘‘(2) the land is available for leasing.’’
AUTHORITY FOR ISSUANCE OF LEASES UNAFFECTED BY
REINSTATEMENT OF LEASES
Section 2 of Pub. L. 87–822 provided that: ‘‘Nothing in
this Act [amending this section] shall be construed as
limiting the authority of the Secretary of the Interior
to issue, during the periods in which petitions for reinstatement may be filed, oil and gas leases for any of the
lands affected.’’
OUTER CONTINENTAL SHELF; CANCELLATION OF LEASES
Cancellation of mineral leases on submerged lands of
outer Continental Shelf, see sections 1334 and 1337 of
Title 43, Public Lands.

§ 188a. Surrender of leases
The Secretary of the Interior is authorized to
accept the surrender of any lease issued pursuant to any of the provisions of this chapter, or
any amendment thereof, where the surrender is
filed in the Bureau of Land Management subsequent to the accrual but prior to the payment of
the yearly rental due under the lease, upon payment of the accrued rental on a pro rata monthly basis for the portion of the lease year prior to
the filing of the surrender. The authority granted to the Secretary of the Interior by this section shall extend only to cases in which he finds
that the failure of the lessee to file a timely surrender of the lease prior to the accrual of the
rental was not due to a lack of reasonable diligence, but it shall not extend to claims or cases
which have been referred to the Department of
Justice for purposes of suit.
(Nov. 28, 1943, ch. 329, 57 Stat. 593; 1946 Reorg.
Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60
Stat. 1100.)
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.
TRANSFER OF FUNCTIONS
‘‘Bureau of Land Management’’ substituted in text
for ‘‘General Land Office’’ on authority of Reorg. Plan
No. 3 of 1946, § 403, set out in the Appendix to Title 5,
Government Organization and Employees.

§ 189. Rules and regulations; boundary lines;
State rights unaffected; taxation
The Secretary of the Interior is authorized to
prescribe necessary and proper rules and regulations and to do any and all things necessary to
carry out and accomplish the purposes of this
chapter, also to fix and determine the boundary
lines of any structure, or oil or gas field, for the
purposes of this chapter. Nothing in this chapter
shall be construed or held to affect the rights of
the States or other local authority to exercise
any rights which they may have, including the
right to levy and collect taxes upon improvements, output of mines, or other rights, property, or assets of any lessee of the United
States.
(Feb. 25, 1920, ch. 85, § 32, 41 Stat. 450.)
TRANSFER OF FUNCTIONS
Functions of Secretary of the Interior to promulgate
regulations under this chapter relating to fostering of

§ 190

TITLE 30—MINERAL LANDS AND MINING

competition for Federal leases, implementation of alternative bidding systems authorized for award of Federal leases, establishment of diligence requirements for
operations conducted on Federal leases, setting of rates
for production of Federal leases, and specifying of procedures, terms, and conditions for 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, § 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.
OUTER CONTINENTAL SHELF; RULES AND REGULATIONS
WITH RESPECT TO LEASES
Rules and regulations with respect to mineral leases
on submerged lands of outer Continental Shelf to be
prescribed by Secretary of the Interior, see section 1334
of Title 43, Public Lands.

§ 190. Oath; requirement; form; blanks
All statements, representations, or reports required by the Secretary of the Interior under
this chapter shall be upon oath, unless otherwise
specified by him, and in such form and upon
such blanks as the Secretary of the Interior may
require.
(Feb. 25, 1920, ch. 85, § 33, 41 Stat. 450.)
§ 191. Disposition of moneys received
(a) In general
All money received from sales, bonuses, royalties including interest charges collected under
the Federal Oil and Gas Royalty Management
Act of 1982 [30 U.S.C. 1701 et seq.], and rentals of
the public lands under the provisions of this
chapter and the Geothermal Steam Act of 1970
[30 U.S.C. 1001 et seq.], shall be paid into the
Treasury of the United States; and, subject to
the provisions of subsection (b) of this section,
50 per centum thereof shall be paid by the Secretary of the Treasury to the State other than
Alaska within the boundaries of which the
leased lands or deposits are or were located; said
moneys paid to any of such States on or after
January 1, 1976, to be used by such State and its
subdivisions, as the legislature of the State may
direct giving priority to those subdivisions of
the State socially or economically impacted by
development of minerals leased under this chapter, for (i) planning, (ii) construction and maintenance of public facilities, and (iii) provision of
public service; and excepting those from Alaska,
40 per centum thereof shall be paid into, reserved, appropriated, as part of the reclamation
fund created by the Act of Congress known as
the Reclamation Act, approved June 17, 1902,
and of those from Alaska, 90 per centum thereof
shall be paid to the State of Alaska for disposition by the legislature thereof: Provided, That
all moneys which may accrue to the United
States under the provisions of this chapter and
the Geothermal Steam Act of 1970 from lands
within the naval petroleum reserves shall be deposited in the Treasury as ‘‘miscellaneous receipts’’, as provided by section 7433(b) of title 10.
All moneys received under the provisions of this
chapter and the Geothermal Steam Act of 1970
not otherwise disposed of by this section shall
be credited to miscellaneous receipts. Payments
to States under this section with respect to any

Page 52

moneys received by the United States, shall be
made not later than the last business day of the
month in which such moneys are warranted by
the United States Treasury to the Secretary as
having been received, except for any portion of
such moneys which is under challenge and
placed in a suspense account pending resolution
of a dispute. Such warrants shall be issued by
the United States Treasury not later than 10
days after receipt of such moneys by the Treasury. Moneys placed in a suspense account which
are determined to be payable to a State shall be
made not later than the last business day of the
month in which such dispute is resolved. Any
such amount placed in a suspense account pending resolution shall bear interest until the dispute is resolved.
(b) Administrative costs
In determining the amount of payments to the
States under this section, the amount of such
payments shall not be reduced by any administrative or other costs incurred by the United
States.
(c) Rentals received on or after August 8, 2005
(1) Notwithstanding the first sentence of subsection (a) of this section, any rentals received
from leases in any State (other than the State of
Alaska) on or after August 8, 2005, shall be deposited in the Treasury, to be allocated in accordance with paragraph (2).
(2) Of the amounts deposited in the Treasury
under paragraph (1)—
(A) 50 percent shall be paid by the Secretary
of the Treasury to the State within the boundaries of which the leased land is located or the
deposits were derived; and
(B) 50 percent shall be deposited in a special
fund in the Treasury, to be known as the
‘‘BLM Permit Processing Improvement Fund’’
(referred to in this subsection as the ‘‘Fund’’).
(3) For each of fiscal years 2006 through 2015,
the Fund shall be available to the Secretary of
the Interior for expenditure, without further appropriation and without fiscal year limitation,
for the coordination and processing of oil and
gas use authorizations on onshore Federal land
under the jurisdiction of the Pilot Project offices identified in section 15924(d) of title 42.
(Feb. 25, 1920, ch. 85, § 35, 41 Stat. 450; May 27,
1947, ch. 83, 61 Stat. 119; Aug. 3, 1950, ch. 527, 64
Stat. 402; Pub. L. 85–88, § 2, July 10, 1957, 71 Stat.
282; Pub. L. 85–508, §§ 6(k), 28(b), July 7, 1958, 72
Stat. 343, 351; Pub. L. 94–273, § 6(2), Apr. 21, 1976,
90 Stat. 377; Pub. L. 94–377, § 9, Aug. 4, 1976, 90
Stat. 1089; Pub. L. 94–422, title III, § 301, Sept. 28,
1976, 90 Stat. 1323; Pub. L. 94–579, title III,
§ 317(a), Oct. 21, 1976, 90 Stat. 2770; Pub. L. 97–451,
title I, §§ 104(a), 111(g), Jan. 12, 1983, 96 Stat. 2451,
2456; Pub. L. 100–203, title V, § 5109, Dec. 22, 1987,
101 Stat. 1330–261; Pub. L. 100–443, § 5(b), Sept. 22,
1988, 102 Stat. 1768; Pub. L. 103–66, title X, § 10201,
Aug. 10, 1993, 107 Stat. 407; Pub. L. 106–393, title
V, § 503, Oct. 30, 2000, 114 Stat. 1624; Pub. L.
109–58, title III, § 365(g), Aug. 8, 2005, 119 Stat.
725.)
REFERENCES IN TEXT
The Federal Oil and Gas Royalty Management Act of
1982, referred to in subsec. (a), is Pub. L. 97–451, Jan. 12,

Page 53

TITLE 30—MINERAL LANDS AND MINING

1983, 96 Stat. 2447, which is classified generally to chapter 29 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 1701 of this title and Tables.
The Geothermal Steam Act of 1970, referred to in subsec. (a), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566,
which is classified principally to chapter 23 (§ 1001 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
The Reclamation Act, approved June 17, 1902, referred
to in subsec. (a), is act June 17, 1902, ch. 1093, 32 Stat.
388, which is classified generally to chapter 12 (§ 371 et
seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set
out under section 371 of Title 43 and Tables.
CODIFICATION
‘‘Section 7433(b) of title 10’’ substituted in subsec. (a)
for ‘‘the Act of June 4, 1920 (41 Stat. 813), as amended
June 30, 1938 (52 Stat. 1252)’’, which was classified to
section 524 of former Title 34, Navy, on authority of act
Aug. 10, 1956, ch. 1041, § 49(b), 70A Stat. 640, the first section of which enacted Title 10, Armed Forces.
Provisions of subsec. (a) which authorized the payment of monies to the Territory of Alaska were omitted as superseded by the provisions authorizing the
payment of monies to the State of Alaska.
AMENDMENTS
2005—Subsec. (c). Pub. L. 109–58 added subsec. (c).
2000—Subsec. (b). Pub. L. 106–393 amended subsec. (b)
generally. Prior to amendment, subsec. (b) related to
deductions for administration from the amount to be
paid to States under this section or under other laws
requiring payment to a State of revenues derived from
the leasing of onshore lands owned by the United
States for the production of the same types of minerals
leasable under this chapter or of geothermal steam.
1993—Pub. L. 103–66 struck out last sentence, designated remaining provisions as subsec. (a) and in first
sentence inserted ‘‘and, subject to the provisions of
subsection (b) of this section,’’ before ‘‘50 per centum’’,
and added subsec. (b). Prior to amendment, last sentence read as follows: ‘‘In determining the amount of
payments to States under this section, the amount of
such payments shall not be reduced by any administrative or other costs incurred by the United States.’’
1988—Pub. L. 100–443 struck out ‘‘notwithstanding the
provisions of section 20 thereof,’’ before ‘‘shall be paid’’.
1987—Pub. L. 100–203 inserted at end ‘‘In determining
the amount of payments to States under this section,
the amount of such payments shall not be reduced by
any administrative or other costs incurred by the
United States.’’
1983—Pub. L. 97–451, § 111(g), inserted reference to interest charges collected under the Federal Oil and Gas
Royalty Management Act of 1982.
Pub. L. 97–451, § 104(a), struck out ‘‘as soon as practicable after March 31 and September 30 of each year’’
after ‘‘Secretary of the Treasury’’ and ‘‘of those from
Alaska’’, and inserted at end provisions directing that
payments to States be made not later than the last
business day of the month in which such moneys are
warranted by the United States Treasury to the Secretary as having been received, that warrants be issued
by the Treasury not later than 10 days after receipt of
the money by the Treasury, that moneys placed in a
suspense account which are determined to be payable
to a State be made not later than the last business day
of the month in which a dispute is resolved, and that
amounts placed in a suspense account pending resolution bear interest until the dispute is resolved.
1976—Pub. L. 94–579 substituted provisions setting
forth determination of amount, time for payments, and
manner of expenditure by the States of all moneys received from sales, etc., under provisions of this chapter
and the Geothermal Steam Act of 1970, and proviso relating to naval petroleum reserve moneys, for provi-

§ 191

sions setting forth determination of amount and time
for payment to the States of all moneys received from
sales, etc., under the provisions of this chapter, and
provisos relating to naval petroleum reserve moneys,
additional moneys from sales, etc., under this chapter
and the Geothermal Steam Act of 1970, and expenditure
of State oil shale funds.
Pub. L. 94–422 inserted proviso that all moneys paid
to any State from sales, bonuses, royalties, and rentals
of oil shale in public lands may be used by any State
for planning, construction, and maintenance of public
facilities as legislature of State may direct.
Pub. L. 94–377 substituted ‘‘40 per centum thereof
shall be paid into, reserved’’ for ‘‘521⁄2 per centum thereof shall be paid into, reserved’’, inserted ‘‘and the Geothermal Steam Act of 1970, notwithstanding the provisions of section 20 thereof’’ before ‘‘shall be paid into
the Treasury of the United States’’, ‘‘and the Geothermal Steam Act of 1970’’ before ‘‘from lands within
the naval petroleum reserves’’ and before ‘‘not otherwise disposed of by this section’’, and provisos relating
to the payment of an additional 121⁄2 per centum of all
money received from lands under provisions of this
chapter and the Geothermal Steam Act of 1970 to the
State within whose boundaries the lands are located, to
be used for construction of public facilities, and relating to the use of funds received by Colorado and Utah
under the specified leases.
Pub. L. 94–273 substituted ‘‘March’’ for ‘‘December’’
and ‘‘September’’ for ‘‘June’’.
1958—Pub. L. 85–508, §§ 6(k), 28(b), struck out provisions which related to disposition of proceeds or income derived by the United States from mineral school
sections in the Territory of Alaska and substituted
‘‘, and of those from Alaska 521⁄2 per centum thereof
shall be paid to the State of Alaska for disposition by
the legislators thereof’’ for ‘‘, and of those from Alaska
521⁄2 per centum thereof shall be paid to the Territory
of Alaska for disposition by the Legislature of the Territory of Alaska’’ before proviso.
1957—Pub. L. 85–88 inserted ‘‘, and of those from Alaska 521⁄2 per centum thereof shall be paid to the Territory of Alaska for disposition by the Legislature of the
Territory of Alaska’’ before proviso.
1950—Act Aug. 3, 1950, in providing that payments to
States be made bi-annually instead of annually, substituted ‘‘as soon as practicable after December 31 and
June 30 of each year’’ for ‘‘after the expiration of each
fiscal year’’.
1947—Act May 27, 1947, extended provisions by allocating 371⁄2% of the money received from sales, bonuses,
royalties, and rentals of public lands to the Territory
of Alaska, for the construction and maintenance of
public schools or other public educational institutions
and inserted provisions relating to disposition of proceeds or income derived by the United States from mineral school sections in the Territory of Alaska.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by section 104(a) of Pub. L. 97–451 applicable with respect to payments received by the Secretary of the Treasury after Oct. 1, 1983, unless the Secretary by rule, prescribes an earlier effective date, see
section 104(c) of Pub. L. 97–451, set out as an Effective
Date note under section 1714 of this title.
SAVINGS PROVISION
Amendment by Pub. L. 94–579 not to be construed as
terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set
out as a note under section 1701 of Title 43, Public
Lands.
FINDINGS
Pub. L. 106–393, title V, § 502, Oct. 30, 2000, 114 Stat.
1624, provided that: ‘‘The Congress finds the following:
‘‘(1) Section 10201 of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103–66; 107 Stat. 407)
amended section 35 of the Mineral Leasing Act (30

§ 191a

TITLE 30—MINERAL LANDS AND MINING

U.S.C. 191) to change the sharing of onshore mineral
revenues and revenues from geothermal steam from a
50:50 split between the Federal Government and the
States to a complicated formula that entailed deducting from the State share of leasing revenues ‘50
percent of the portion of the enacted appropriations
of the Department of the Interior and any other agency during the preceding fiscal year allocable to the
administration of all laws providing for the leasing of
any onshore lands or interest in land owned by the
United States for the production of the same types of
minerals leasable under this Act or of geothermal
steam, and to enforcement of such laws * * *’.
‘‘(2) There is no legislative record to suggest a
sound public policy rationale for deducting prior-year
administrative expenses from the sharing of currentyear receipts, indicating that this change was made
primarily for budget scoring reasons.
‘‘(3) The system put in place by this change in law
has proved difficult to administer and has given rise
to disputes between the Federal Government and the
States as to the nature of allocable expenses. Federal
accounting systems have proven to be poorly suited
to breaking down administrative costs in the manner
required by the law. Different Federal agencies implementing this law have used varying methodologies
to identify allocable costs, resulting in an inequitable
distribution of costs during fiscal years 1994 through
1996. In November 1997, the Inspector General of the
Department of the Interior found that ‘the congressionally approved method for cost sharing deductions
effective in fiscal year 1997 may not accurately compute the deductions’.
‘‘(4) Given the lack of a substantive rationale for
the 1993 change in law and the complexity and administrative burden involved, a return to the sharing formula prior to the enactment of the Omnibus Budget
Reconciliation Act of 1993 [Aug. 10, 1993] is justified.’’
FUNDS HELD BY COLORADO AND UTAH FROM INTERIOR
DEPARTMENT OIL SHALE TEST LEASES
Section 317(b) of Pub. L. 94–579 provided that: ‘‘Funds
now held pursuant to said section 35 [this section] by
the States of Colorado and Utah separately from the
Department of the Interior oil shale test leases known
as C–A; C–B; U–A and U–B shall be used by such States
and subdivisions as the legislature of each State may
direct giving priority to those subdivisions socially or
economically impacted by the development of minerals
leased under this Act for (1) planning, (2) construction
and maintenance of public facilities, and (3) provision
of public services.’’
ADMISSION OF ALASKA AS STATE
Effectiveness of amendment by Pub. L. 85–508 was dependent on admission of Alaska into the Union under
sections 6(k) and 8(b) of Pub. L. 85–508. Admission 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. See notes preceding
section 21 of Title 48, Territories and Insular Possessions.
OUTER CONTINENTAL SHELF; REVENUES FROM LEASES
Disposition of revenues from leases on submerged
lands of outer Continental Shelf, see sections 1337 and
1338 of Title 43, Public Lands.

§ 191a. Late payment charges under Federal mineral leases
(a) Distribution of late payment charges
Any interest or other charges paid to the
United States by reason of the late payment of
any royalty, rent, bonus, or other amount due to
the United States under any lease issued by the
United States for the extraction of oil, gas, coal,
or any other mineral, or for geothermal steam,

Page 54

shall be deposited in the same account and distributed to the same recipients, in the same
manner, as such royalty, rent, bonus, or other
amount.
(b) Effective date
Subsection (a) of this section shall apply with
respect to any interest, or other charge referred
to in subsection (a) of this section, which is paid
to the United States on or after July 1, 1988.
(c) Prohibition against recoupment
Any interest, or other charge referred to in
subsection (a) of this section, which was paid to
the United States before July 1, 1988, and distributed to any State or other recipient is hereby deemed to be authorized and approved as of
the date of payment or distribution, and no part
of any such payment or distribution shall be recouped from the State or other recipient. This
subsection shall not apply to interest or other
charges paid in connection with any royalty,
rent, bonus, or other amount determined not to
be owing to the United States.
(Pub. L. 100–524, § 7, Oct. 24, 1988, 102 Stat. 2607.)
CODIFICATION
Section was enacted as part of the Congaree Swamp
National Monument Expansion and Wilderness Act, and
not as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437,
known as the Mineral Leasing Act, which comprises
this chapter.

§ 191b. Collection of unpaid and underpaid royalties and late payment interest owed by
lessees
Beginning in fiscal year 1996 and thereafter,
the Secretary shall take appropriate action to
collect unpaid and underpaid royalties and late
payment interest owed by Federal and Indian
mineral lessees and other royalty payors on
amounts received in settlement or other resolution of disputes under, and for partial or complete termination of, sales agreements for minerals from Federal and Indian leases.
(Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26,
1996, 110 Stat. 1321–156, 1321–167; renumbered title
I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat.
1327.)
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.
SIMILAR PROVISIONS
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2508.

§ 192. Payment of royalties in oil or gas; sale of
such oil or gas
All royalty accruing to the United States
under any oil or gas lease or permit under this
chapter on demand of the Secretary of the Interior shall be paid in oil or gas.
Upon granting any oil or gas lease under this
chapter, and from time to time thereafter during said lease, the Secretary of the Interior
shall, except whenever in his judgment it is desirable to retain the same for the use of the

Page 55

TITLE 30—MINERAL LANDS AND MINING

United States, offer for sale for such period as
he may determine, upon notice and advertisement on sealed bids or at public auction, all royalty oil and gas accruing or reserved to the
United States under such lease. Such advertisement and sale shall reserve to the Secretary of
the Interior the right to reject all bids whenever
within his judgment the interest of the United
States demands; and in cases where no satisfactory bid is received or where the accepted bidder
fails to complete the purchase, or where the Secretary of the Interior shall determine that it is
unwise in the public interest to accept the offer
of the highest bidder, the Secretary of the Interior, within his discretion, may readvertise such
royalty for sale, or sell at private sale at not
less than the market price for such period, or
accept the value thereof from the lessee: Provided, That inasmuch as the public interest will
be served by the sale of royalty oil to refineries
not having their own source of supply for crude
oil, the Secretary of the Interior, when he determines that sufficient supplies of crude oil are
not available in the open market to such refineries, is authorized and directed to grant preference to such refineries in the sale of oil under
the provisions of this section, for processing or
use in such refineries and not for resale in kind,
and in so doing may sell to such refineries at
private sale at not less than the market price
any royalty oil accruing or reserved to the
United States under leases issued pursuant to
this chapter: Provided further, That in selling
such royalty oil the Secretary of the Interior
may at his discretion prorate such oil among
such refineries in the area in which the oil is
produced: Provided, however, That pending the
making of a permanent contract for the sale of
any royalty, oil or gas as herein provided, the
Secretary of the Interior may sell the current
product at private sale, at not less than the
market price: And provided further, That any
royalty, oil, or gas may be sold at not less than
the market price at private sale to any department or agency of the United States.
(Feb. 25, 1920, ch. 85, § 36, 41 Stat. 451; July 13,
1946, ch. 574, 60 Stat. 533.)
AMENDMENTS
1946—Act July 13, 1946, inserted first two provisos
which were enacted in order to assist small business enterprise by encouraging the operation of oil refineries
not having an adequate supply of crude oil.
OUTER CONTINENTAL SHELF; ROYALTIES FROM LEASES
Payment of royalties from mineral leases on submerged lands of outer Continental Shelf, see section
1337 of Title 43, Public Lands.

§ 192a. Cancellation or modification of contracts
Where, under any existing contract entered
into pursuant to the first proviso in the second
paragraph of section 192 of this title, any refinery is required to pay a premium price for the
purchase of Government royalty oil, such refinery may, at its option, by written notice to the
Secretary of the Interior, elect either—
(1) to terminate such contract, the termination to take place at the end of the calendar
month following the month in which such notice is given; or

§ 192c

(2) to retain such contract with the modifications, that (a) the price, on and after
March 1, 1949, shall be as defined in the contract, without premium payments, (b) any
credit thereby resulting from past premium
payments shall be added to the refinery’s account, and (c) the Secretary may, at his option, elect to terminate the contract as so
modified, such termination to take place at
the end of the third calendar month following
the month in which written notice thereof is
given by the Secretary.
(Sept. 1, 1949, ch. 529, § 1, 63 Stat. 682.)
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.

§ 192b. Application to contracts
The provisions of sections 192a to 192c of this
title shall apply to all existing contracts for the
purchase of Government royalty oil entered into
after July 13, 1946, and prior to September 1,
1949, irrespective of whether a determination of
preference status was made in connection with
the award of such contracts, but shall not apply
to any such contract which subsequent to its
award has been transferred, through the acquisition of stock interests or other transactions, to
the ownership or control of a refinery ineligible
for a preference under section 192 of this title,
and the regulations in force thereunder at the
time of such transfer.
(Sept. 1, 1949, ch. 529, § 2, 63 Stat. 682.)
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.

§ 192c. Rules and regulations governing issuance
of certain leases; disposition of receipts
The Secretary of the Interior is authorized
under general rules and regulations to be prescribed by him to issue leases or permits for the
exploration, development, and utilization of the
mineral deposits, other than those subject to the
provisions of chapter 7 of this title, in those
lands added to the Shasta National Forest by
the Act of March 19, 1948 (Public Law 449, Eightieth Congress), which were acquired with funds
of the United States or lands received in exchange therefor: Provided, That any permit or
lease of such deposits in lands administered by
the Secretary of Agriculture shall be issued only
with his consent and subject to such conditions
as he may prescribe to insure the adequate utilization of the lands for the purposes set forth in
the Act of March 19, 1948: And provided further,
That all receipts derived from leases or permits
issued under the authority of sections 192a to
192c of this title shall be paid into the same
funds or accounts in the Treasury and shall be
distributed in the same manner as prescribed for
other receipts from the lands affected by the
lease or permit, the intention of this provision
being that sections 192a to 192c of this title shall
not affect the distribution of receipts pursuant
to legislation applicable to such lands.

§ 193

TITLE 30—MINERAL LANDS AND MINING

(Sept. 1, 1949, ch. 529, § 3, 63 Stat. 683.)
REFERENCES IN TEXT
Act of March 19, 1948 (Public Law 449, Eightieth Congress), referred to in text, is act Mar. 19, 1948, ch. 139,
62 Stat. 83. See Shasta National Forest codification
note set out under sections 486a to 486w of Title 16, Conservation.
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.
TRANSFER OF FUNCTIONS
Functions of Secretary of the Interior under this section, with respect to use and disposal from lands under
jurisdiction of Secretary of Agriculture of those mineral materials which Secretary of Agriculture is authorized to dispose of from other lands under his jurisdiction under sections 601 to 604 and 611 to 615 of this
title, see Pub. L. 86–509, June 11, 1960, 74 Stat. 205, set
out as a Transfer of Functions from Secretary of the
Interior to Secretary of Agriculture note under section
2201 of Title 7, Agriculture.

§ 193. Disposition of deposits of coal, and so forth
The deposits of coal, phosphate, sodium, potassium, oil, oil shale, and gas, herein referred
to, in lands valuable for such minerals, including lands and deposits in Lander, Wyoming, coal
entries numbered 18 to 49, inclusive, shall be
subject to disposition only in the form and manner provided in this chapter, except as provided
in sections 1716 and 1719 of title 43, and except as
to valid claims existent on February 25, 1920,
and thereafter maintained in compliance with
the laws under which initiated, which claims
may be perfected under such laws, including discovery.
(Feb. 25, 1920, ch. 85, § 37, 41 Stat. 451; Feb. 7, 1927,
ch. 66, § 5, 44 Stat. 1058; Aug. 8, 1946, ch. 916, § 11,
60 Stat. 957; Pub. L. 95–554, § 4, Oct. 30, 1978, 92
Stat. 2074.)
CODIFICATION
Section was from act Feb. 25, 1920, in which words
now reading ‘‘in Lander, Wyoming, coal entries numbered 18 to 49, inclusive,’’ originally read ‘‘described in
the joint resolution entitled ‘Joint resolution authorizing the Secretary of the Interior to permit the continuation of coal mining operations on certain lands in Wyoming,’ approved August 12, 1912, (Thirty-seven Statutes at Large p. 1346).’’ The change was effected by interpolation, in lieu of the reference to the 1912 resolution, the actual description of lands contained in said
resolution.
AMENDMENTS
1978—Pub. L. 95–554 provided for disposition of minerals as provided in sections 1716 and 1719 of title 43.
1946—Act Aug. 8, 1946, excluded from section 5 of act
Feb. 7, 1927, the incorporation, by reference, of section
181 of this title, and reenacted inclusion of deposits of
potassium.
1927—Act Feb. 7, 1927, included deposits of potassium.

§ 193a. Preference right of United States to purchase coal for Army and Navy; price for coal;
civil actions; jurisdiction
The United States shall, at all times, have the
preference right to purchase so much of the
product of any mine or mines opened upon the
lands sold under the provisions of this Act, as

Page 56

may be necessary for the use of the Army and
Navy, and at such reasonable and remunerative
price as may be fixed by the President; but the
producers of any coal so purchased who may be
dissatisfied with the price thus fixed shall have
the right to prosecute suits against the United
States in the United States Court of Federal
Claims for the recovery of any additional sum or
sums they may claim as justly due upon such
purchase.
(May 28, 1908, ch. 211, § 2, 35 Stat. 424; Pub. L.
97–164, title I, § 160(a)(10), Apr. 2, 1982, 96 Stat. 48;
Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992,
106 Stat. 4516.)
REFERENCES IN TEXT
This Act, referred to in text, is act May 28, 1908, ch.
211, 35 Stat. 424. Sections 1, 3, and 4 of this Act related
to consolidation of claims permitted and the limit of
acreage, prohibition against unlawful trusts, etc., and
contents of patents, respectively, and are not classified
to the Code.
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.
Section was formerly classified to section 453 of Title
48, Territories and Insular Possessions.
AMENDMENTS
1992—Pub. L. 102–572 substituted ‘‘United States
Court of Federal Claims’’ for ‘‘United States Claims
Court’’.
1982—Pub. L. 97–164 substituted ‘‘United States
Claims Court’’ for ‘‘Court of Claims’’.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–572 effective Oct. 29, 1992,
see section 911 of Pub. L. 102–572, set out as a note
under section 171 of Title 28, Judiciary and Judicial
Procedure.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–164 effective Oct. 1, 1982,
see section 402 of Pub. L. 97–164, set out as a note under
section 171 of Title 28, Judiciary and Judicial Procedure.

§ 194. Repealed. Pub. L. 89–554, § 8(a), Sept. 6,
1966, 80 Stat. 644
Section, acts Feb. 25, 1920, ch. 85, § 38, 41 Stat. 451;
Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to fees and
commissions of registers (successors to consolidated offices of registers and receivers), the predecessors of
managers.

§ 195. Enforcement
(a) Violations
It shall be unlawful for any person:
(1) to organize or participate in any scheme,
arrangement, plan, or agreement to circumvent or defeat the provisions of this chapter or its implementing regulations, or
(2) to seek to obtain or to obtain any money
or property by means of false statements of
material facts or by failing to state material
facts concerning:
(A) the value of any lease or portion thereof issued or to be issued under this chapter;
(B) the availability of any land for leasing
under this chapter;
(C) the ability of any person to obtain
leases under this chapter; or

Page 57

TITLE 30—MINERAL LANDS AND MINING

(D) the provisions of this chapter and its
implementing regulations.
(b) Penalty
Any person who knowingly violates the provisions of subsection (a) of this section shall be
punished by a fine of not more than $500,000, imprisonment for not more than five years, or
both.
(c) Civil actions
Whenever it shall appear that any person is
engaged, or is about to engage, in any act which
constitutes or will constitute a violation of subsection (a) of this section, the Attorney General
may institute a civil action in the district court
of the United States for the judicial district in
which the defendant resides or in which the violation occurred or in which the lease or land involved is located, for a temporary restraining
order, injunction, civil penalty of not more than
$100,000 for each violation, or other appropriate
remedy, including but not limited to, a prohibition from participation in exploration, leasing,
or development of any Federal mineral, or any
combination of the foregoing.
(d) Corporations
(1) Whenever a corporation or other entity is
subject to civil or criminal action under this
section, any officer, employee, or agent of such
corporation or entity who knowingly authorized, ordered, or carried out the proscribed activity shall be subject to the same action.
(2) Whenever any officer, employee, or agent of
a corporation or other entity is subject to civil
or criminal action under this section for activity conducted on behalf of the corporation or
other entity, the corporation or other entity
shall be subject to the same action, unless it is
shown that the officer, employee, or agent was
acting without the knowledge or consent of the
corporation or other entity.
(e) Remedies, fines, and imprisonment
The remedies, penalties, fines, and imprisonment prescribed in this section shall be concurrent and cumulative and the exercise of one
shall not preclude the exercise of the others.
Further, the remedies, penalties, fines, and imprisonment prescribed in this section shall be in
addition to any other remedies, penalties, fines,
and imprisonment afforded by any other law or
regulation.
(f) State civil actions
(1) A State may commence a civil action under
subsection (c) of this section against any person
conducting activity within the State in violation of this section. Civil actions brought by a
State shall only be brought in the United States
district court for the judicial district in which
the defendant resides or in which the violation
occurred or in which the lease or land involved
is located. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to
order appropriate remedies and penalties as described in subsection (c) of this section.
(2) A State shall notify the Attorney General
of the United States of any civil action filed by
the State under this subsection within 30 days of
filing of the action. The Attorney General of the

§ 196

United States shall notify a State of any civil
action arising from activity conducted within
that State filed by the Attorney General under
this subsection within 30 days of filing of the action.
(3) Any civil penalties recovered by a State
under this subsection shall be retained by the
State and may be expended in such manner and
for such purposes as the State deems appropriate. If a civil action is jointly brought by the
Attorney General and a State, by more than one
State or by the Attorney General and more than
one State, any civil penalties recovered as a result of the joint action shall be shared by the
parties bringing the action in the manner determined by the court rendering judgment in such
action.
(4) If a State has commenced a civil action
against a person conducting activity within the
State in violation of this section, the Attorney
General may join in such action but may not institute a separate action arising from the same
activity under this section. If the Attorney General has commenced a civil action against a person conducting activity within a State in violation of this section, that State may join in such
action but may not institute a separate action
arising from the same activity under this section.
(5) Nothing in this section shall deprive a
State of jurisdiction to enforce its own civil and
criminal laws against any person who may also
be subject to civil and criminal action under
this section.
(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 authority
Notwithstanding any other provision of law,
for fiscal year 1992 and each year thereafter, the
Secretary of the Interior or his designee is authorized 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
delegate to the State all or part of the authorities and responsibilities of the Secretary
under the authorizing leasing statutes, leases,
and regulations promulgated pursuant thereto
to conduct audits, investigations, and inspections, except that the Secretary shall not undertake such a delegation with respect to any
Indian lands except with permission of the Indian tribe involved,
with respect to any lease authorizing exploration for or development of coal, any other
solid mineral, or geothermal steam on any Federal lands or Indian lands within the State or

§ 201

TITLE 30—MINERAL LANDS AND MINING

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 promulgated with respect thereto: Provided further,
That section 1734 of this title shall apply to
leases authorizing exploration for or development of coal, any other solid mineral, or geothermal 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 Secretary 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.)
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 extracted 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 Secretary 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 remainder 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 controlled 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 definite 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 determination of the fair market value of the coal subject
to the lease, the Secretary shall give oppor-

Page 58

tunity for and consideration to public comments
on the fair market value. Nothing in this section shall be construed to require the Secretary
to make public his judgment as to the fair market value of the coal to be leased, or the comments 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 consider and recognize equitable rights of such occupants 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 subsidiary, affiliate, or persons controlled by or under
common control with such person, association,
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 entity 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 tenyear 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 before the expiration of the sixty-day period beginning on the date of such submission. If any Governor to whom a proposed lease was submitted
under this subparagraph objects to the issuance
of such lease, such lease shall not be issued before the expiration of the six-month period beginning on the date the Secretary is notified by
the Governor of such objection. During such sixmonth 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 included in a comprehensive land-use plan and
such sale is compatible with such plan. The Secretary of the Interior shall prepare such landuse plans on lands under his responsibility
where such plans have not been previously prepared. The Secretary of the Interior shall inform
the Secretary of Agriculture of substantial development interest in coal leasing on lands
within the National Forest System. Upon receipt 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 Agriculture shall take into consideration the proposed coal development in these lands: Provided,
That where the Secretary of the Interior finds
that because of non-Federal interest in the surface or because the coal resources are insufficient to justify the preparation costs of a Federal comprehensive land-use plan, the lease sale
can be held if the lands containing the coal deposits have been included in either a comprehen-

Page 59

TITLE 30—MINERAL LANDS AND MINING

sive land-use plan prepared by the State within
which the lands are located or a land use analysis prepared by the Secretary of the Interior.
(ii) In preparing such land-use plans, the Secretary of the Interior or, in the case of lands
within the National Forest System, the Secretary 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 insufficient Federal coal, no Federal comprehensive
land-use plans can be appropriately prepared,
the responsible State entity shall consult with
appropriate State agencies and local governments 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 prescribe with respect to the use and protection of
the nonmineral interests in those lands.
(B) Each land-use plan prepared by the Secretary (or in the case of lands within the National Forest System, the Secretary of Agriculture pursuant to subparagraph (A)(i)) shall
include an assessment of the amount of coal deposits 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 Secretary shall evaluate and compare the effects of
recovering coal by deep mining, by surface mining, and by any other method to determine
which method or methods or sequence of methods 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 operating
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 accordance with regulations prescribed by the Secretary.
(E) Each coal lease shall contain provisions requiring compliance with the Federal Water Pollution 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 guarantee payment of deferred bonus bid installments
with respect to any coal lease issued on a cash

§ 201

bonus bid to a lessee or successor in interest
having a history of a timely payment of noncontested coal royalties and advanced coal royalties
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 financial assurance to guarantee payment of deferred 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 written 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 exploration 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 license shall be for a term of not more than two
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 exploration licenses shall not preclude the Secretary
from issuing coal leases at such times and locations and to such persons as he deems appropriate. 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 reasonable conditions as the Secretary may require,
including conditions to insure the protection of
the environment, and shall be subject to all applicable Federal, State, and local laws and regulations. Upon violation of any such conditions or
laws the Secretary may revoke the exploration
license.
(2) A licensee may not cause substantial disturbance to the natural land surface. He may
not remove any coal for sale but may remove a
reasonable amount of coal from the lands subject 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 surface of the lands subject to this chapter. Exploration licenses 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 such conditions as
it may prescribe with respect to the use and protection of the nonmineral interests in those
lands.
(3) The licensee shall furnish to the Secretary
copies of all data (including, but not limited to,

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TITLE 30—MINERAL LANDS AND MINING

geological, geophyscal,1 and core drilling analyses) obtained during such exploration. The Secretary shall maintain the confidentiality of all
data so obtained until after the areas involved
have been leased or until such time as he determines that making the data available to the
public would not damage the competitive position of the licensee, whichever comes first.
(4) Any person who willfully conducts coal exploration for commercial purposes on lands subject to this chapter without an exploration license 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.)
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 comprise this section, subsec. (c) of section 2 comprises section 202 of this title, and subsec. (d) of section 2, as
added by section 5(b) of Pub. L. 94–377, comprises section 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, as amended. Title V of the Federal Land Policy 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 section 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, as amended, 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).
1 So

in original. Probably should be ‘‘geophysical,’’.

Page 60

1978—Subsec. (a)(1). Pub. L. 95–554 authorized negotiated fair market value sales of coal when exercising
Federal land policy and management right-of-way permits.
1976—Subsec. (a). Pub. L. 94–377, § 2, designated existing provisions as par. (1), substituted provisions authorizing the division of any lands subject to this chapter 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 competitive 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 Secretary’s opinion will permit the most economical mining, 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 market 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 competitive 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 licenses for provisions relating to the issuance of prospecting permits for a term of two years, for not exceeding 5125 acres, with an extension period of two years if
the permittee has been unable, with the exercise of reasonable diligence to determine the existence or workability of coal deposits and desires further exploration,
and added pars. (2) to (4).
1964—Subsec. (a). Pub. L. 88–526, § 2(a), removed limitation 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, dividing 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.
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 section 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
Section 4 of Pub. L. 94–377 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
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-

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TITLE 30—MINERAL LANDS AND MINING

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 Interior. See House Report No. 97–315, pp. 25, 26, Nov. 5,
1981.
STUDY OF COAL LEASES BY DIRECTOR OF THE OFFICE
OF TECHNOLOGY ASSESSMENT
Section 10 of Pub. L. 94–377 provided that the Director
of the Office of Technology Assessment 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 analysis of all mining
activities, present and potential value of these leases,
receipts to the Federal Government 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 submitted 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
Section 16 of Pub. L. 94–377 provided that: ‘‘Nothing
in this Act [see Short Title of 1976 Amendment note
under section 181 of this title], or the Mineral Lands
Leasing Act [this chapter] and the Mineral 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 Refuge System, the
National Wilderness Preservation System, the National
System of Trails, and the Wild and Scenic Rivers System, including study rivers designated under section
5(a) of the Wild and Scenic Rivers Act [section 1276(a)
of Title 16, Conservation].’’
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.

§ 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 natural resources.
SAVINGS PROVISION
Section 5(a) of Pub. L. 94–377 provided 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, related to extension of coal prospecting permits.

§ 201b. Omitted
CODIFICATION
Section, act Mar. 9, 1928, ch. 159, § 2, 45 Stat. 251, provided 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 common-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

§ 202a

of use shall be expressed in all permits and
leases issued to such companies or corporations;
and no such company or corporation shall receive 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.)
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 thousand 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; definition
The Secretary, upon determining that maximum economic recovery of the coal deposit or
deposits is served thereby, may approve the consolidation of coal leases into a logical mining
unit. Such consolidation may only take place
after a public hearing, if requested by any person whose interest is or may be adversely affected. 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 leaseholds, 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 contiguous.
(2) Mining plan; requirements
(A) After the Secretary has approved the establishment of a logical mining unit, any min-

§ 203

TITLE 30—MINERAL LANDS AND MINING

ing plan approved for that unit must require
such diligent development, operation, and production that the reserves of the entire unit will
be mined within a period established by the Secretary 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 recovery of a coal deposit; or
(ii) the longer period is in the interest of the
orderly, efficient, or economic development of
a coal resource.
(3) Conditions for approval
In approving a logical mining unit, the Secretary may provide, among other things, that (i)
diligent development, continuous operation, and
production on any Federal lease or non-Federal
land in the logical mining unit shall be construed as occurring on all Federal leases in that
logical mining unit, and (ii) the rentals and royalties for all Federal leases in a logical mining
unit may be combined, and advanced royalties
paid for any lease within a logical mining unit
may be credited against such combined royalties.
(4) Amendment to lease
The Secretary may amend the provisions of
any lease included in a logical mining unit so
that mining under that lease will be consistent
with the requirements imposed on that logical
mining unit.
(5) Leases issued before date of enactment of this
Act
Leases issued before the date of enactment of
this Act may be included with the consent of all
lessees in such logical mining unit, and, if so included, shall be subject to the provisions of this
section.
(6) Lessee required to form unit
By regulation the Secretary may require a lessee under this chapter to form a logical mining
unit, and may provide for determination of participating acreage within a unit.
(7) Required acreage
No logical mining unit shall be approved by
the Secretary if the total acreage (both Federal
and non-Federal) of the unit would exceed twenty-five thousand acres.
(8) Acreage limitations for coal leases not waived
Nothing in this section shall be construed to
waive the acreage limitations for coal leases
contained in section 184(a) of this title.
(Feb. 25, 1920, ch. 85, § 2(d), as added Pub. L.
94–377, § 5(b), Aug. 4, 1976, 90 Stat. 1086; amended
Pub. L. 109–58, title IV, § 433, Aug. 8, 2005, 119
Stat. 761.)
REFERENCES IN TEXT
The date of enactment of this Act, referred to in par.
(5), probably means the date of enactment of Pub. L.
94–377, which was approved Aug. 4, 1976.
This section, referred to in pars. (5) and (8), 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
are classified to section 201 of this title, subsec. (c) of
section 2 is classified to section 202 of this title, and

Page 62

subsec. (d) of section 2, as added by section 5(b) of Pub.
L. 94–377, is classified to this section.
CODIFICATION
Section is comprised of subsec. (d) of section 2 of act
Feb. 25, 1920, as added by Pub. L. 94–377. Subsecs. (a)
and (b) of said section 2 are classified to section 201 of
this title. Subsec. (c) of said section 2 is classified to
section 202 of this title.
AMENDMENTS
2005—Par. (2). Pub. L. 109–58 designated existing provisions as subpar. (A) and added subpar. (B).
EFFECTIVE DATE OF 2005 AMENDMENT
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.

§ 203. Additional lands or deposits
(a) In general
(1) 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.
(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.
(b) 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.
(c) 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.
(Feb. 25, 1920, ch. 85, § 3, 41 Stat. 439; Pub. L.
94–377, § 13(b), Aug. 4, 1976, 90 Stat. 1090; Pub. L.
95–554, § 3, Oct. 30, 1978, 92 Stat. 2074; Pub. L.
109–58, title IV, § 432, Aug. 8, 2005, 119 Stat. 760.)
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)
1 So

in original. The comma probably should not appear.

Page 63

TITLE 30—MINERAL LANDS AND MINING

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 Oct. 30, 1978.
AMENDMENTS
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.
EFFECTIVE DATE OF 2005 AMENDMENT
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.
SAVINGS PROVISION
Section 13(b) of Pub. L. 94–377 provided that the
amendment made by that section is subject to valid existing rights.

§ 204. Repealed. Pub. L. 94–377, § 13(a), Aug. 4,
1976, 90 Stat. 1090
Section, act Feb. 25, 1920, ch. 85, § 4, 41 Stat. 439, provided for the leasing of an additional tract of land or
coal deposit, not to exceed 2560 acres, upon a showing
by a lessee that all workable deposits of coal would be
exhausted, worked out, or removed within three years
thereafter.
SAVINGS PROVISION
Section 13(a) of Pub. L. 94–377 provided that the repeal of this section is subject to valid existing rights.

§ 205. Consolidation of leases
If, in the judgment of the Secretary of the Interior, the public interest will be subserved
thereby, lessees holding under lease areas not
exceeding the maximum permitted under this
chapter may consolidate their leases through
the surrender of the original leases and the inclusion of such areas in a new lease of not to exceed two thousand five hundred and sixty acres
of contiguous lands.

§ 207

(Feb. 25, 1920, ch. 85, § 5, 41 Stat. 439.)
§ 206. Noncontiguous coal or phosphate tracts in
single lease
Where coal or phosphate lands aggregating
two thousand five hundred and sixty acres and
subject to lease hereunder do not exist as contiguous areas, the Secretary of the Interior is
authorized, if, in his opinion the interests of the
public and of the lessee will be thereby subserved, to embrace in a single lease noncontiguous tracts which can be operated as a single
mine or unit.
(Feb. 25, 1920, ch. 85, § 6, 41 Stat. 439.)
§ 207. Conditions of lease
(a) Term of lease; annual rentals; royalties; readjustment of conditions
A coal lease shall be for a term of twenty
years and for so long thereafter as coal is produced annually in commercial quantities from
that lease. Any lease which is not producing in
commercial quantities at the end of ten years
shall be terminated. The Secretary shall by regulation prescribe annual rentals on leases. A
lease shall require payment of a royalty in such
amount as the Secretary shall determine of not
less than 121⁄2 per centum of the value of coal as
defined by regulation, except the Secretary may
determine a lesser amount in the case of coal recovered by underground mining operations. The
lease shall include such other terms and conditions as the Secretary shall determine. Such
rentals and royalties and other terms and conditions of the lease will be subject to readjustment at the end of its primary term of twenty
years and at the end of each ten-year period
thereafter if the lease is extended.
(b) Diligent development and continued operation; suspension of condition on payment of
advance royalties
(1) Each lease shall be subject to the conditions of diligent development and continued operation of the mine or mines, except where operations under the lease are interrupted by
strikes, the elements, or casualties not attributable to the lessee.
(2) The Secretary of the Interior, upon determining that the public interest will be served
thereby, may suspend the condition of continued
operation upon the payment of advance royalties.
(3) Advance royalties described in paragraph
(2) shall be no less than the production royalty
which would otherwise be paid and shall be computed on a fixed reserve to production ratio (determined by the Secretary).
(4) Advance royalties described in paragraph
(2) shall be computed—
(A) based on—
(i) the average price in the spot market for
sales of comparable coal from the same region during the last month of each applicable continued operation year; or
(ii) in the absence of a spot market for
comparable coal from the same region, by
using a comparable method established by
the Secretary of the Interior to capture the
commercial value of coal; and

§ 208

TITLE 30—MINERAL LANDS AND MINING

(B) based on commercial quantities, as defined by regulation by the Secretary of the Interior.
(5) The aggregate number of years during the
period of any lease for which advance royalties
may be accepted in lieu of the condition of continued 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’ notification to the lessee cease to accept advance
royalties in lieu of the requirement of continued
operation.
(7) Nothing in this subsection shall be construed to affect the requirement contained in
the second sentence of subsection (a) of this section 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 reclamation plan. The Secretary shall approve or disapprove the plan or require that it be modified.
Where the land involved is under the surface jurisdiction of another Federal agency, that other
agency must consent to the terms of such approval.
(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.)
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), and (6) related
to amount of any production royalty paid, and struck
out fourth to sixth sentences which read as follows:
‘‘The aggregate number of years during the period of
any lease for which advance royalties may be accepted
in lieu of the condition of continued operation shall not
exceed ten. 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 such lease
to the extent that such advance royalties have not been
used to reduce production royalties for a prior year. No
advance royalty paid during the initial twenty-year
term of a lease shall be used to reduce a production
royalty after the twentieth year of a lease.’’
Subsec. (c). Pub. L. 109–58, § 435, struck out ‘‘and not
later than three years after a lease is issued,’’ before
‘‘the lessee shall submit’’.
1976—Pub. L. 94–377 designated existing provisions as
subsec. (a), substituted provisions limiting the lease
term to 20 years and for so long thereafter as coal is
produced annually in commercial quantities for provision authorizing leases for indeterminate periods upon
condition of diligent development and continued operation except for strikes, the elements, or casualties not
attributable to lessees; provisions for payment of royalties as determined by the Secretary of not less than
121⁄2 per centum of coal value, except as reduced for
1 So

in original. Two pars. (6) have been enacted.

Page 64

coal from underground mining operations for provisions specifying royalties as stated in the lease, but not
less than 5 cents per ton; provision for rentals as prescribed by regulation for provision setting rentals as
fixed by the Secretary at not less than 25 cents per acre
for the first year, 50 cents for the second, third, fourth
and fifth years, and $1 for each year thereafter, and
provision for readjustment of royalties and terms and
conditions after primary period of twenty years and
subsequent ten year intervals for provision for readjustment after twenty years unless otherwise provided
by law, and added subsecs. (b) and (c).
EFFECTIVE DATE OF 2005 AMENDMENT
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.

§ 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.
(Feb. 25, 1920, ch. 85, § 8, 41 Stat. 440.)
§ 208–1. Exploratory program for evaluation of
known recoverable coal resources
(a) Authorization; purpose
The Secretary is authorized and directed to
conduct a comprehensive exploratory program
designed to obtain sufficient data and information to evaluate the extent, location, and potential for developing the known recoverable coal
resources within the coal lands subject to this
chapter. This program shall be designed to obtain the resource information necessary for determining whether commercial quantities of

Page 65

TITLE 30—MINERAL LANDS AND MINING

coal are present and the geographical extent of
the coal fields and for estimating 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 in
order to provide a basis for—
(1) developing a comprehensive land use plan
pursuant to section 2;
(2) improving the information regarding the
value of public resources and revenues which
should be expected from leasing;
(3) increasing competition among producers
of coal, or products derived from the conversion of coal, by providing data and information to all potential bidders equally and equitably;
(4) providing the public with information on
the nature of the coal deposits and the associated stratum and the value of the public resources being offered for sale; and
(5) providing the basis for the assessment of
the amount of coal deposits in those lands subject to this chapter under subparagraph (B) of
section 201(a)(3) of this title.
(b) Seismic, geophysical, geochemical or stratigraphic drilling
The Secretary, through the United States Geological Survey, is authorized to conduct seismic,
geophysical, geochemical, or stratigraphic drilling, or to contract for or purchase the results of
such exploratory activities from commercial or
other sources which may be needed to implement the provisions of this section.
(c) Exploratory drilling by party not under contract to United States; confidentiality of information prior to award of lease
Nothing in this section shall limit any person
from conducting exploratory geophysical surveys including seismic, geophysical, chemical
surveys to the extent permitted by section 201(b)
of this title. The information obtained from the
exploratory drilling carried out by a person not
under contract with the United States Government for such drilling prior to award of a lease
shall be provided the confidentiality pursuant to
subsection (d) of this section.
(d) Availability to public of all data, information,
maps, surveys; confidentiality of information
purchased from commercial sources not
under contract to United States prior to
award of lease
The Secretary shall make available to the
public by appropriate means all data, information, maps, interpretations, and surveys which
are obtained directly by the Department of the
Interior or under a service contract pursuant to
subsection (b) of this section. The Secretary
shall maintain a confidentiality of all proprietary data or information purchased from commercial sources while not under contract with
the United States Government until after the
areas involved have been leased.
(e) Information or data from Federal departments or agencies; confidentiality of proprietary information or data; utilization of Federal departments and agencies by agreement
All Federal departments or agencies are authorized and directed to provide the Secretary

§ 208–1

with any information or data that may be
deemed necessary to assist the Secretary in implementing the exploratory program pursuant
to this section. Proprietary information or data
provided to the Secretary under the provisions
of this subsection shall remain confidential for
such period of time as agreed to by the head of
the department or agency from whom the information is requested. In addition, the Secretary
is authorized and directed to utilize the existing
capabilities and resources of other Federal departments and agencies by appropriate agreement.
(f) Publication of geological and geophysical
maps and reports of lands offered for lease
The Secretary is directed to prepare, publish,
and keep current a series of detailed geological,
and geophysical maps of, and reports concerning, all coal lands to be offered for leasing under
this chapter, based on data and information
compiled pursuant to this section. Such maps
and reports shall be prepared and revised at reasonable intervals beginning eighteen months
after the date of enactment of this Act. Such
maps and reports shall be made available on a
continuing basis to any person on request.
(g) Implementation plan for coal lands exploration program; development and transmittal
to Congress; contents
Within six months after the date of enactment
of this Act, the Secretary shall develop and
transmit to Congress an implementation plan
for the coal lands exploration program authorized by this section, including procedures for
making the data and information available to
the public pursuant to subsection (d) of this section, and maps and reports pursuant to subsection (f) of this section. The implementation
plan shall include a projected schedule of exploratory activities and identification of the regions
and areas which will be explored under the coal
lands exploration program during the first five
years following the enactment of this section. In
addition, the implementation plan shall include
estimates of the appropriations and staffing required to implement the coal lands exploration
program.
(h) Stratigraphic drilling; scope; statement of results
The stratigraphic drilling authorized in subsection (b) of this section shall be carried out in
such a manner as to obtain information pertaining to all recoverable reserves. For the purpose
of complying with subsection (a) of this section,
the Secretary shall require all those authorized
to conduct stratigraphic drilling pursuant to
subsection (b) of this section to supply a statement of the results of test boring of core sampling including logs of the drill holes; the thickness of the coal seams found; an analysis of the
chemical properties of such coal; and an analysis of the strata layers lying above all the seams
of coal. All drilling activities shall be conducted
using the best current technology and practices.
(Feb. 25, 1920, ch. 85, § 8A, as added Pub. L. 94–377,
§ 7, Aug. 4, 1976, 90 Stat. 1087.)
REFERENCES IN TEXT
Section 2, referred to in subsec. (a)(1), means section
2 of act Feb. 25, 1920, as amended, and is comprised of

§ 208–2

TITLE 30—MINERAL LANDS AND MINING

subsecs. (a) to (d). Subsecs. (a) and (b) of section 2 are
classified to section 201 of this title, subsec. (c) of section 2 is classified to section 202 of this title, and subsec. (d) of section 2, as added by section 5(b) of Pub. L.
94–377, is classified to section 202a of this title.
The date of enactment of this Act, referred to in subsecs. (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 reports to Congress on leasing and production of coal
lands, contents, recommendations, and reports by Attorney General on competition in the coal industry and
on effectiveness of antitrust laws.

§ 208a. Repealed. Pub. L. 97–468, title
§ 615(a)(3), Jan. 14, 1983, 96 Stat. 2578

VI,

Section, act July 19, 1932, ch. 513, 47 Stat. 707, authorized 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.
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 section 615(a) of Pub. L. 97–468.

§ 209. Suspension, waiver, or reduction of rents
or royalties to promote development or operation; extension of lease on suspension of operations 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, sodium, potassium and sulfur, and in the interest
of conservation of natural resources, is authorized 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, whenever 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 Provided, however, That in order to promote development and the maximum production of tar
sand, at the request of the lessee, the Secretary
shall review, prior to commencement of commercial operations, the royalty rates established 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) contains a hydrocarbonaceous material with a gasfree 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
1 So

in original. Probably should be followed by a comma.
in original.
3 So in original. The period probably should be a colon.
2 So

Page 66

granted under the terms of this chapter, any
payment of acreage rental or of minimum royalty 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 suspension period thereto. The provisions of this
section shall apply to all oil and gas leases issued under this chapter, including those within
an approved or prescribed plan for unit or cooperative 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.)
AMENDMENTS
1981—Pub. L. 97–78 inserted reference to gilsonite (including 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 contains a hydrocarbonaceous material with a gas-free viscosity, at original reservoir temperature, greater than
10,000 centipoise, or contains a hydrocarbonaceous material 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 section to oil shale, phosphate, sodium, potassium, and
sulphur.
1946—Act Aug. 8, 1946, principally inserted first and
third sentences relating to waiver, suspension or reduction of royalties or rentals, and applicability of section
to cooperative or unit plans, respectively.
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 conditions; acreage
The Secretary of the Interior is authorized to
lease to any applicant qualified under this chapter, through advertisement, competitive bidding, or such other methods as he may by general regulations adopt, any phosphate deposits
of the United States, and lands containing such
deposits, including associated and related minerals, 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
form of not to exceed two thousand five hundred
and sixty acres.
(b) Prospecting permits; issuance; term; acreage;
entitlement to lease
Where prospecting or exploratory work is necessary to determine the existence or workability

Page 67

TITLE 30—MINERAL LANDS AND MINING

of phosphate deposits in any unclaimed, undeveloped area, the Secretary of the Interior is authorized to issue, to any applicant qualified
under this chapter, a prospecting permit which
shall give the exclusive right to prospect for
phosphate deposits, including associated minerals, for a period of two years, for not more
than two thousand five hundred and sixty acres;
and if prior to the expiration of the permit the
permittee shows to the Secretary that valuable
deposits of phosphate have been discovered within the area covered by his permit, the permittee
shall be entitled to a lease for any or all of the
land embraced in the prospecting permit.
(c) Extension of term of permit
Any phosphate permit issued under this section may be extended by the Secretary for such
an additional period, not in excess of four years,
as he deems advisable, if he finds that the permittee has been unable, with reasonable diligence, to determine the existence or workability
of phosphate deposits in the area covered by the
permit and desires to prosecute further prospecting or exploration, or for other reasons warranting such an extension in the opinion of the
Secretary.
(Feb. 25, 1920, ch. 85, § 9, 41 Stat. 440; June 3, 1948,
ch. 379, § 2, 62 Stat. 290; Pub. L. 86–391, § 1(a), Mar.
18, 1960, 74 Stat. 7.)
AMENDMENTS
1960—Pub. L. 86–391 designated existing provisions as
subsec. (a) and added subsecs. (b) and (c).
1948—Act June 3, 1948, included provision limiting
amount of land in lease.

§ 212. Surveys; royalties; time payable; annual
rentals; term of leases; readjustment on renewals; minimum production; suspension of
operation
Each lease shall describe the leased lands by
the legal subdivisions of the public-land surveys.
All leases shall be conditioned upon the payment to the United States of such royalties as
may be specified in the lease, which shall be
fixed by the Secretary of the Interior in advance
of offering the same, at not less than 5 per centum of the gross value of the output of phosphates or phosphate rock and associated or related minerals. Royalties shall be due and payable as specified in the lease either monthly or
quarterly on the last day of the month next following the month or quarter in which the minerals are sold or removed from the leased land.
Each lease shall provide for the payment of a
rental payable at the date of the lease and annually thereafter which shall be not less than 25
cents per acre for the first year, 50 cents per
acre for the second and third years, respectively,
and $1 per acre for each year thereafter, during
the continuance of the lease. The rental paid for
any year shall be credited against the royalties
for that year. Leases shall be for a term of twenty years and so long thereafter as the lessee
complies with the terms and conditions of the
lease and upon the further condition that at the
end of each twenty-year period succeeding the
date of the lease such reasonable readjustment
of the terms and conditions thereof may be
made therein as may be prescribed by the Sec-

§ 214

retary of the Interior unless otherwise provided
by law at the expiration of such periods. Leases
shall be conditioned upon a minimum annual
production or the payment of a minimum royalty in lieu thereof, except when production is
interrupted by strikes, the elements, or casualties not attributable to the lessee. The Secretary of the Interior may permit suspension of
operations under any such leases when marketing conditions are such that the leases cannot be
operated except at a loss.
(Feb. 25, 1920, ch. 85, § 10, 41 Stat. 440; June 3,
1948, ch. 379, § 3, 62 Stat. 290.)
AMENDMENTS
1948—Act June 3, 1948, amended section generally,
omitting provisions relating to amount of lands in
lease, and inserting provisions regarding royalties.

§ 213. Royalties for use of deposits of silica, limestone, or other rock embraced in lease
Any lease to develop and extract phosphates,
phosphate rock, and associated or related minerals under the provisions of sections 211 to 214
of this title shall provide that the lessee may
use so much of any deposit of silica or limestone
or other rock situated on any public lands embraced in the lease as may be utilized in the
processing or refining of the phosphates, phosphate rock, and associated or related minerals
mined from the leased lands or from other lands
upon payments of such royalty as may be determined by the Secretary of the Interior, which
royalty may be stated in the lease or, as to the
leases already issued, may be provided for in an
attachment to the lease to be duly executed by
the lessor and the lessee.
(Feb. 25, 1920, ch. 85, § 11, 41 Stat. 440; June 3,
1948, ch. 379, § 4, 62 Stat. 291.)
AMENDMENTS
1948—Act June 3, 1948, amended section generally,
omitting provision relating to royalties and annual
rents, and inserting provisions relating to use of deposits of silica, limestone or other rock embraced in the
lease upon the payment of a suitable royalty.

§ 214. Use of surface of other public lands; acreage; forest lands exception
The holder of any lease or permit issued under
the provisions of sections 211 to 214 of this title
shall have the right to use so much of the surface of unappropriated and unentered public
lands not a part of his lease or permit, not exceeding eighty acres in area, as may be determined by the Secretary to be necessary or convenient for the extraction, treatment, and removal of the mineral deposits, but this provision
shall not be applicable to national forest lands.
(Feb. 25, 1920, ch. 85, § 12, 41 Stat. 441; June 3,
1948, ch. 379, § 5, 62 Stat. 291; Pub. L. 86–391, § 1(b),
Mar. 18, 1960, 74 Stat. 8.)
AMENDMENTS
1960—Pub. L. 86–391 substituted ‘‘lease or permit’’ for
‘‘lease’’ in two places.
1948—Act June 3, 1948, increased lands to be used from
40 to 80 acres, excepted national forest lands from its
provisions, and substituted ‘‘The holder of any lease issued under the provisions of sections 211 to 214 of this
title’’, ‘‘public lands not a part of his lease’’, and ‘‘or

TITLE 30—MINERAL LANDS AND MINING

§§ 221 to 222i

convenient for the extraction’’ for ‘‘Any qualified applicant to whom the Secretary of the Interior may
grant a lease to develop and extract phosphates, or
phosphate rock, under the provisions of this chapter’’,
‘‘lands’’, and ‘‘for the proper prospecting for or development, extraction’’, respectively.

SUBCHAPTER IV—OIL AND GAS
§§ 221 to 222i. Omitted
CODIFICATION
Sections expired by their own terms. They provided
as follows:
Section 221, acts Feb. 25, 1920, ch. 85, § 13, 41 Stat. 441;
Aug. 21, 1935, ch. 599, § 1, 49 Stat. 674, provided for prospecting permits, their terms and conditions, extension,
location of lands, marking land, notice of application
for permits, permits in Alaska, exchanging permits for
leases, and limited extensions to Dec. 31, 1938.
Section 222, act Jan. 11, 1922, ch. 28, 42 Stat. 356, authorized Secretary of the Interior to extend time for
drilling not to exceed three years.
Section 222a, act Apr. 5, 1926, ch. 107, § 1, 44 Stat. 236,
authorized a further extension of two years for drilling.
Section 222b, act Apr. 5, 1926, ch. 107, § 2, 44 Stat. 236,
provided for extension of expired permits for a period of
two years from Apr. 5, 1926.
Section 222c, act Mar. 9, 1928, ch. 168, § 1, 45 Stat. 252,
authorized a two year extension for permits.
Section 222d, act Mar. 9, 1928, ch. 168, § 2, 45 Stat. 252,
authorized a two year extension of permits already expired.
Section 222e, act Jan. 23, 1930, ch. 25, § 1, 46 Stat. 58,
provided that permits issued or extended for three
years might be further for three years.
Section 222f, act Jan. 23, 1930, ch. 25, § 2, 46 Stat. 59,
provided for an extension of permits already expired for
a period of three years from Jan. 23, 1930.
Section 222g, act June 30, 1932, ch. 319, § 1, 47 Stat. 445,
provided for a further extension of three years.
Section 222h, act June 30, 1932, ch. 319, § 2, 47 Stat. 446,
authorized an extension, for permits already expired, of
three years from June 30, 1932.
Section 222i, acts Aug. 26, 1937, ch. 828, 50 Stat. 842;
Aug. 11, 1939, ch. 716, 53 Stat. 1418, provided for final extension of prospecting permits, outstanding on Dec. 31,
1937, to Dec. 31, 1939.
COMPROMISE OF CLAIMS FOR ACCRUED RENTAL
Act July 29, 1942, ch. 534, § 2, 56 Stat. 726, authorized
Secretary of the Interior to make a compromise settlement of any claim for accrued rental under a lease issued pursuant to the provisions of section 221 of this
title, in any case in which he determined that it would
be financially beneficial to the United States to make
such a compromise settlement or in any case in which
he determined that collection of the full amount of
such accrued rental from the lessee was inadvisable because of the lessee’s financial resources being limited.

§ 223. Leases; amount and survey of land; term of
lease; royalties and annual rental
Upon establishing to the satisfaction of the
Secretary of the Interior that valuable deposits
of oil or gas have been discovered within the
limits of the land embraced in any permit, the
permittee shall be entitled to a lease for onefourth of the land embraced in the prospecting
permit: Provided, That the permittee shall be
granted a lease for as much as one hundred and
sixty acres of said lands, if there be that number
of acres within the permit. The area to be selected by the permittee, shall be in reasonably
compact form and, if surveyed, to be described
by the legal subdivisions of the public-land surveys; if unsurveyed, to be surveyed by the Gov-

Page 68

ernment at the expense of the applicant for
lease in accordance with rules and regulations
to be prescribed by the Secretary of the Interior,
and the lands leased shall be conformed to and
taken in accordance with the legal subdivisions
of such surveys; deposits made to cover expense
of surveys shall be deemed appropriated for that
purpose, and any excess deposits may be repaid
to the person or persons making such deposit or
their legal representatives. Such leases shall be
for a term of twenty years upon a royalty of 5
per centum in amount or value of the production and the annual payment in advance of a
rental of $1 per acre, the rental paid for any one
year to be credited against the royalties as they
accrue for that year, and shall continue in force
otherwise as prescribed in section 226 of this
title for leases issued prior to August 21, 1935.
The permittee shall also be entitled to a preference right to a lease for the remainder of the
land in his prospecting permit at a royalty of
not less than 121⁄2 per centum in amount or value
of the production nor more than the royalty
rate prescribed by regulation in force on January 1, 1935, for secondary leases issued under this
section, and under such other conditions as are
fixed for oil or gas leases issued under section
226 of this title the royalty to be determined by
competitive bidding or fixed by such other
method as the Secretary may by regulations
prescribe: Provided further, That the Secretary
shall have the right to reject any or all bids.
(Feb. 25, 1920, ch. 85, § 14, 41 Stat. 442; Aug. 21,
1935, ch. 599, § 1, 49 Stat. 676.)
AMENDMENTS
1935—Act Aug. 21, 1935, inserted ‘‘reasonably’’ before
‘‘compact form’’ and substituted ‘‘and shall continue in
force otherwise as prescribed in section 226 of this title
for leases issued prior to August 21, 1935’’ and ‘‘oil or
gas leases issued under section 226 of this title’’ for
‘‘with the right of renewal as prescribed in section 226
of this title’’ and ‘‘oil or gas leases in this chapter’’, respectively.
LIMITATION OF ROYALTY ON DISCOVERIES DURING WAR
PERIOD
Act Dec. 24, 1942, ch. 812, 56 Stat. 1080, limiting royalty obligation of oil or gas lessee who drills well resulting in discovery of new deposit on public domain
during the national emergency was repealed by Joint
Res. July 25, 1947, ch. 327, § 1, 61 Stat. 449.
OUTER CONTINENTAL SHELF; LEASES
Grant by Secretary of the Interior of oil, gas, and
other mineral leases on submerged lands of outer Continental Shelf, see section 1331 et seq. of Title 43, Public
Lands.

§ 223a. Repealed. Aug. 8, 1946, ch. 916, § 14, 60
Stat. 958
Section, act Aug. 21, 1935, ch. 599, § 2, 49 Stat. 679, related to new oil and gas leases in lieu of old.
SAVINGS PROVISION
See note set out under section 181 of this title.

§ 224. Payments for oil or gas taken prior to application for lease
Until the permittee shall apply for lease to the
one quarter of the permit area heretofore provided for he shall pay to the United States 20 per

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TITLE 30—MINERAL LANDS AND MINING

centum of the gross value of all oil or gas secured by him from the lands embraced within
his permit and sold or otherwise disposed of or
held by him for sale or other disposition.
(Feb. 25, 1920, ch. 85, § 15, 41 Stat. 442.)
§ 225. Condition of lease, forfeiture for violation
All leases of lands containing oil or gas, made
or issued under the provisions of this chapter,
shall be subject to the condition that the lessee
will, in conducting his explorations and mining
operations, use all reasonable precautions to
prevent waste of oil or gas developed in the land,
or the entrance of water through wells drilled by
him to the oil sands or oil-bearing strata, to the
destruction or injury of the oil deposits. Violations of the provisions of this section shall constitute grounds for the forfeiture of the lease, to
be enforced as provided in this chapter.
(Feb. 25, 1920, ch. 85, § 16, 41 Stat. 443; Aug. 8,
1946, ch. 916, § 2, 60 Stat. 951.)
AMENDMENTS
1946—Act Aug. 8, 1946, omitted condition that no
wells should be drilled within two hundred feet of
boundaries of leased lands.
SAVINGS PROVISION
See note set out under section 181 of this title.
OUTER CONTINENTAL SHELF; TERMS AND CONDITIONS OF
LEASES
Terms and conditions of mineral leases on submerged
lands of outer Continental Shelf, see section 1337 of
Title 43, Public Lands.

§ 226. Lease of oil and gas lands
(a) Authority of Secretary
All lands subject to disposition under this
chapter which are known or believed to contain
oil or gas deposits may be leased by the Secretary.
(b) Lands within known geologic structure of a
producing oil or gas field; lands within special tar sand areas; competitive bidding; royalties
(1)(A) All lands to be leased which are not subject to leasing under paragraphs (2) and (3) of
this subsection shall be leased as provided in
this paragraph to the highest responsible qualified bidder by competitive bidding under general
regulations in units of not more than 2,560 acres,
except in Alaska, where units shall be not more
than 5,760 acres. Such units shall be as nearly
compact as possible. Lease sales shall be conducted by oral bidding. Lease sales shall be held
for each State where eligible lands are available
at least quarterly and more frequently if the
Secretary of the Interior determines such sales
are necessary. A lease shall be conditioned upon
the payment of a royalty at a rate of not less
than 12.5 percent in amount or value of the production removed or sold from the lease. The Secretary shall accept the highest bid from a responsible qualified bidder which is equal to or
greater than the national minimum acceptable
bid, without evaluation of the value of the lands
proposed for lease. Leases shall be issued within
60 days following payment by the successful bid-

§ 226

der of the remainder of the bonus bid, if any, and
the annual rental for the first lease year. All
bids for less than the national minimum acceptable bid shall be rejected. Lands for which no
bids are received or for which the highest bid is
less than the national minimum acceptable bid
shall be offered promptly within 30 days for leasing under subsection (c) of this section and shall
remain available for leasing for a period of 2
years after the competitive lease sale.
(B) The national minimum acceptable bid
shall be $2 per acre for a period of 2 years from
December 22, 1987. Thereafter, the Secretary,
subject to paragraph (2)(B), may establish by
regulation a higher national minimum acceptable bid for all leases based upon a finding that
such action is necessary: (i) to enhance financial
returns to the United States; and (ii) to promote
more efficient management of oil and gas resources on Federal lands. Ninety days before the
Secretary makes any change in the national
minimum acceptable bid, the Secretary shall
notify the Committee on Natural Resources of
the United States House of Representatives and
the Committee on Energy and Natural Resources of the United States Senate. The proposal or promulgation of any regulation to establish a national minimum acceptable bid shall
not be considered a major Federal action subject
to the requirements of section 4332(2)(C) of title
42.
(2)(A)(i) If the lands to be leased are within a
special tar sand area, they shall be leased to the
highest responsible qualified bidder by competitive bidding under general regulations in units
of not more than 5,760 acres, which shall be as
nearly compact as possible, upon the payment
by the lessee of such bonus as may be accepted
by the Secretary.
(ii) Royalty shall be 121⁄2 per centum in
amount or value of production removed or sold
from the lease, subject to subsection (k)(1)(c) 1 of
this section.
(iii) The Secretary may lease such additional
lands in special tar sand areas as may be required in support of any operations necessary
for the recovery of tar sands.
(iv) No lease issued under this paragraph shall
be included in any chargeability limitation associated with oil and gas leases.
(B) For any area that contains any combination of tar sand and oil or gas (or both), the Secretary may issue under this chapter, separately—
(i) a lease for exploration for and extraction
of tar sand; and
(ii) a lease for exploration for and development of oil and gas.
(C) A lease issued for tar sand shall be issued
using the same bidding process, annual rental,
and posting period as a lease issued for oil and
gas, except that the minimum acceptable bid required for a lease issued for tar sand shall be $2
per acre.
(D) The Secretary may waive, suspend, or
alter any requirement under section 183 of this
title that a permittee under a permit authorizing prospecting for tar sand must exercise due
1 So

in original. Probably should be subsection ‘‘(k)(1)(C)’’.

§ 226

TITLE 30—MINERAL LANDS AND MINING

diligence, to promote any resource covered by a
combined hydrocarbon lease.
(3)(A) If the United States held a vested future
interest in a mineral estate that, immediately
prior to becoming a vested present interest, was
subject to a lease under which oil or gas was
being produced, or had a well capable of producing, in paying quantities at an annual average
production volume per well per day of either not
more than 15 barrels per day of oil or condensate, or not more than 60,000 cubic feet of gas,
the holder of the lease may elect to continue the
lease as a noncompetitive lease under subsection
(c)(1) of this section.
(B) An election under this paragraph is effective—
(i) in the case of an interest which vested
after January 1, 1990, and on or before October
24, 1992, if the election is made before the date
that is 1 year after October 24, 1992;
(ii) in the case of an interest which vests
within 1 year after October 24, 1992, if the election is made before the date that is 2 years
after October 24, 1992; and
(iii) in any case other than those described
in clause (i) or (ii), if the election is made
prior to the interest becoming a vested
present interest.
(C) Notwithstanding the consent requirement
referenced in section 352 of this title, the Secretary shall issue a noncompetitive lease under
subsection (c)(1) of this section to a holder who
makes an election under subparagraph (A) and
who is qualified to hold a lease under this chapter. Such lease shall be subject to all terms and
conditions under this chapter that are applicable to leases issued under subsection (c)(1) of
this section.
(D) A lease issued pursuant to this paragraph
shall continue so long as oil or gas continues to
be produced in paying quantities.
(E) This paragraph shall apply only to those
lands under the administration of the Secretary
of Agriculture where the United States acquired
an interest in such lands pursuant to the Act of
March 1, 1911 (36 Stat. 961 and following).
(c) Lands subject to leasing under subsection (b);
first qualified applicant
(1) If the lands to be leased are not leased
under subsection (b)(1) of this section or are not
subject to competitive leasing under subsection
(b)(2) of this section, the person first making application for the lease who is qualified to hold a
lease under this chapter shall be entitled to a
lease of such lands without competitive bidding,
upon payment of a non-refundable application
fee of at least $75. A lease under this subsection
shall be conditioned upon the payment of a royalty at a rate of 12.5 percent in amount or value
of the production removed or sold from the
lease. Leases shall be issued within 60 days of
the date on which the Secretary identifies the
first responsible qualified applicant.
(2)(A) Lands (i) which were posted for sale
under subsection (b)(1) of this section but for
which no bids were received or for which the
highest bid was less than the national minimum
acceptable bid and (ii) for which, at the end of
the period referred to in subsection (b)(1) of this
section no lease has been issued and no lease ap-

Page 70

plication is pending under paragraph (1) of this
subsection, shall again be available for leasing
only in accordance with subsection (b)(1) of this
section.
(B) The land in any lease which is issued under
paragraph (1) of this subsection or under subsection (b)(1) of this section which lease terminates, expires, is cancelled or is relinquished
shall again be available for leasing only in accordance with subsection (b)(1) of this section.
(d) Annual rentals
All leases issued under this section, as amended by the Federal Onshore Oil and Gas Leasing
Reform Act of 1987, shall be conditioned upon
payment by the lessee of a rental of not less
than $1.50 per acre per year for the first through
fifth years of the lease and not less than $2 per
acre per year for each year thereafter. A minimum royalty in lieu of rental of not less than
the rental which otherwise would be required for
that lease year shall be payable at the expiration of each lease year beginning on or after a
discovery of oil or gas in paying quantities on
the lands leased.
(e) Primary terms
Competitive and noncompetitive leases issued
under this section shall be for a primary term of
10 years: Provided, however, That competitive
leases issued in special tar sand areas shall also
be for a primary term of ten years. Each such
lease shall continue so long after its primary
term as oil or gas is produced in paying quantities. Any lease issued under this section for
land on which, or for which under an approved
cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of its primary term and
are being diligently prosecuted at that time
shall be extended for two years and so long
thereafter as oil or gas is produced in paying
quantities.
(f) Notice of proposed action; posting of notice;
terms and maps
At least 45 days before offering lands for lease
under this section, and at least 30 days before
approving applications for permits to drill under
the provisions of a lease or substantially modifying the terms of any lease issued under this
section, the Secretary shall provide notice of
the proposed action. Such notice shall be posted
in the appropriate local office of the leasing and
land management agencies. Such notice shall include the terms or modified lease terms and
maps or a narrative description of the affected
lands. Where the inclusion of maps in such notice is not practicable, maps of the affected
lands shall be made available to the public for
review. Such maps shall show the location of all
tracts to be leased, and of all leases already issued in the general area. The requirements of
this subsection are in addition to any public notice required by other law.
(g) Regulation of surface-disturbing activities;
approval of plan of operations; bond or surety; failure to comply with reclamation requirements as barring lease; opportunity to
comply with requirements
The Secretary of the Interior, or for National
Forest lands, the Secretary of Agriculture, shall

Page 71

TITLE 30—MINERAL LANDS AND MINING

regulate all surface-disturbing activities conducted pursuant to any lease issued under this
chapter, and shall determine reclamation and
other actions as required in the interest of conservation of surface resources. No permit to drill
on an oil and gas lease issued under this chapter
may be granted without the analysis and approval by the Secretary concerned of a plan of
operations covering proposed surface-disturbing
activities within the lease area. The Secretary
concerned shall, by rule or regulation, establish
such standards as may be necessary to ensure
that an adequate bond, surety, or other financial
arrangement will be established prior to the
commencement of surface-disturbing activities
on any lease, to ensure the complete and timely
reclamation of the lease tract, and the restoration of any lands or surface waters adversely affected by lease operations after the abandonment or cessation of oil and gas operations on
the lease. The Secretary shall not issue a lease
or leases or approve the assignment of any lease
or leases under the terms of this section to any
person, association, corporation, or any subsidiary, affiliate, or person controlled by or under
common control with such person, association,
or corporation, during any period in which, as
determined by the Secretary of the Interior or
Secretary of Agriculture, such entity has failed
or refused to comply in any material respect
with the reclamation requirements and other
standards established under this section for any
prior lease to which such requirements and
standards applied. Prior to making such determination with respect to any such entity the
concerned Secretary shall provide such entity
with adequate notification and an opportunity
to comply with such reclamation requirements
and other standards and shall consider whether
any administrative or judicial appeal is pending.
Once the entity has complied with the reclamation requirement or other standard concerned
an oil or gas lease may be issued to such entity
under this chapter.
(h) National Forest System Lands
The Secretary of the Interior may not issue
any lease on National Forest System Lands reserved from the public domain over the objection of the Secretary of Agriculture.
(i) Termination
No lease issued under this section which is
subject to termination because of cessation of
production shall be terminated for this cause so
long as reworking or drilling operations which
were commenced on the land prior to or within
sixty days after cessation of production are conducted thereon with reasonable diligence, or so
long as oil or gas is produced in paying quantities as a result of such operations. No lease issued under this section shall expire because operations or production is suspended under any
order, or with the consent, of the Secretary. No
lease issued under this section covering lands on
which there is a well capable of producing oil or
gas in paying quantities shall expire because the
lessee fails to produce the same unless the lessee
is allowed a reasonable time, which shall be not
less than sixty days after notice by registered or
certified mail, within which to place such well
in producing status or unless, after such status

§ 226

is established, production is discontinued on the
leased premises without permission granted by
the Secretary under the provisions of this chapter.
(j) Drainage agreements; primary term of lease,
extension
Whenever it appears to the Secretary that
lands owned by the United States are being
drained of oil or gas by wells drilled on adjacent
lands, he may negotiate agreements whereby
the United States, or the United States and its
lessees, shall be compensated for such drainage.
Such agreements shall be made with the consent
of the lessees, if any, affected thereby. If such
agreement is entered into, the primary term of
any lease for which compensatory royalty is
being paid, or any extension of such primary
term, shall be extended for the period during
which such compensatory royalty is paid and for
a period of one year from discontinuance of such
payment and so long thereafter as oil or gas is
produced in paying quantities.
(k) Mining claims; suspension of running time of
lease
If, during the primary term or any extended
term of any lease issued under this section, a
verified statement is filed by any mining claimant pursuant to subsection (c) of section 527 of
this title, whether such filing occur prior to
September 2, 1960 or thereafter, asserting the existence of a conflicting unpatented mining claim
or claims upon which diligent work is being
prosecuted as to any lands covered by the lease,
the running of time under such lease shall be
suspended as to the lands involved from the first
day of the month following the filing of such
verified statement until a final decision is rendered in the matter.
(l) Exchange of leases; conditions
The Secretary of the Interior shall, upon timely application therefor, issue a new lease in exchange for any lease issued for a term of twenty
years, or any renewal thereof, or any lease issued prior to August 8, 1946, in exchange for a
twenty-year lease, such new lease to be for a primary term of five years and so long thereafter
as oil or gas is produced in paying quantities
and at a royalty rate of not less than 121⁄2 per
centum in amount or value of the production removed or sold from such leases, except that the
royalty rate shall be 121⁄2 per centum in amount
or value of the production removed or sold from
said leases as to (1) such leases, or such parts of
the lands subject thereto and the deposits underlying the same, as are not believed to be
within the productive limits of any producing
oil or gas deposit, as such productive limits are
found by the Secretary to have existed on August 8, 1946; and (2) any production on a lease
from an oil or gas deposit which was discovered
after May 27, 1941, by a well or wells drilled
within the boundaries of the lease, and which is
determined by the Secretary to be a new deposit; and (3) any production on or allocated to
a lease pursuant to an approved cooperative or
unit plan of development or operation from an
oil or gas deposit which was discovered after
May 27, 1941, on land committed to such plan,
and which is determined by the Secretary to be

§ 226

TITLE 30—MINERAL LANDS AND MINING

a new deposit, where such lease, or a lease for
which it is exchanged, was included in such plan
at the time of discovery or was included in a
duly executed and filed application for the approval of such plan at the time of discovery.
(m) Cooperative or unit plan; authority of Secretary of the Interior to alter or modify;
communitization or drilling agreements;
term of lease, conditions; Secretary to approve operating, drilling or development
contracts, and subsurface storage
For the purpose of more properly conserving
the natural resources of any oil or gas pool,
field, or like area, or any part thereof (whether
or not any part of said oil or gas pool, field, or
like area, is then subject to any cooperative or
unit plan of development or operation), lessees
thereof and their representatives may unite
with each other, or jointly or separately with
others, in collectively adopting and operating
under a cooperative or unit plan of development
or operation of such pool, field, or like area, or
any part thereof, whenever determined and certified by the Secretary of the Interior to be necessary or advisable in the public interest. The
Secretary is thereunto authorized, in his discretion, with the consent of the holders of leases
involved, to establish, alter, change, or revoke
drilling, producing, rental, minimum royalty,
and royalty requirements of such leases and to
make such regulations with reference to such
leases, with like consent on the part of the lessees, in connection with the institution and operation of any such cooperative or unit plan as
he may deem necessary or proper to secure the
proper protection of the public interest. The
Secretary may provide that oil and gas leases
hereafter issued under this chapter shall contain
a provision requiring the lessee to operate under
such a reasonable cooperative or unit plan, and
he may prescribe such a plan under which such
lessee shall operate, which shall adequately protect the rights of all parties in interest, including the United States.
Any plan authorized by the preceding paragraph which includes lands owned by the United
States may, in the discretion of the Secretary,
contain a provision whereby authority is vested
in the Secretary of the Interior, or any such person, committee, or State or Federal officer or
agency as may be designated in the plan, to
alter or modify from time to time the rate of
prospecting and development and the quantity
and rate of production under such plan. All
leases operated under any such plan approved or
prescribed by the Secretary shall be excepted in
determining holdings or control under the provisions of any section of this chapter.
When separate tracts cannot be independently
developed and operated in conformity with an
established well-spacing or development program, any lease, or a portion thereof, may be
pooled with other lands, whether or not owned
by the United States, under a communitization
or drilling agreement providing for an apportionment of production or royalties among the
separate tracts of land comprising the drilling
or spacing unit when determined by the Secretary of the Interior to be in the public interest, and operations or production pursuant to

Page 72

such an agreement shall be deemed to be operations or production as to each such lease committed thereto.
Any lease issued for a term of twenty years, or
any renewal thereof, or any portion of such lease
that has become the subject of a cooperative or
unit plan of development or operation of a pool,
field, or like area, which plan has the approval
of the Secretary of the Interior, shall continue
in force until the termination of such plan. Any
other lease issued under any section of this
chapter which has heretofore or may hereafter
be committed to any such plan that contains a
general provision for allocation of oil or gas
shall continue in force and effect as to the land
committed so long as the lease remains subject
to the plan: Provided, That production is had in
paying quantities under the plan prior to the expiration date of the term of such lease. Any
lease heretofore or hereafter committed to any
such plan embracing lands that are in part within and in part outside of the area covered by any
such plan shall be segregated into separate
leases as to the lands committed and the lands
not committed as of the effective date of unitization: Provided, however, That any such lease
as to the nonunitized portion shall continue in
force and effect for the term thereof but for not
less than two years from the date of such segregation and so long thereafter as oil or gas is
produced in paying quantities. The minimum
royalty or discovery rental under any lease that
has become subject to any cooperative or unit
plan of development or operation, or other plan
that contains a general provision for allocation
of oil or gas, shall be payable only with respect
to the lands subject to such lease to which oil or
gas shall be allocated under such plan. Any lease
which shall be eliminated from any such approved or prescribed plan, or from any
communitization or drilling agreement authorized by this section, and any lease which shall be
in effect at the termination of any such approved or prescribed plan, or at the termination
of any such communitization or drilling agreement, unless relinquished, shall continue in effect for the original term thereof, but for not
less than two years, and so long thereafter as oil
or gas is produced in paying quantities.
The Secretary of the Interior is hereby authorized, on such conditions as he may prescribe, to approve operating, drilling, or development contracts made by one or more lessees
of oil or gas leases, with one or more persons,
associations, or corporations whenever, in his
discretion, the conservation of natural products
or the public convenience or necessity may require it or the interests of the United States
may be best subserved thereby. All leases operated under such approved operating, drilling, or
development contracts, and interests thereunder, shall be excepted in determining holdings
or control under the provisions of this chapter.
The Secretary of the Interior, to avoid waste
or to promote conservation of natural resources,
may authorize the subsurface storage of oil or
gas, whether or not produced from federally
owned lands, in lands leased or subject to lease
under this chapter. Such authorization may provide for the payment of a storage fee or rental
on such stored oil or gas or, in lieu of such fee

Page 73

TITLE 30—MINERAL LANDS AND MINING

or rental, for a royalty other than that prescribed in the lease when such stored oil or gas
is produced in conjunction with oil or gas not
previously produced. Any lease on which storage
is so authorized shall be extended at least for
the period of storage and so long thereafter as
oil or gas not previously produced is produced in
paying quantities.
(n) Conversion of oil and gas leases and claims
on hydrocarbon resources to combined hydrocarbon leases for primary term of 10
years; application
(1)(A) The owner of (1) an oil and gas lease issued prior to November 16, 1981, or (2) a valid
claim to any hydrocarbon resources leasable
under this section based on a mineral location
made prior to January 21, 1926, and located within a special tar sand area shall be entitled to
convert such lease or claim to a combined hydrocarbon lease for a primary term of ten years
upon the filing of an application within two
years from November 16, 1981, containing an acceptable plan of operations which assures reasonable protection of the environment and diligent development of those resources requiring
enhanced recovery methods of development or
mining. For purposes of conversion, no claim
shall be deemed invalid solely because it was located as a placer location rather than a lode location or vice versa, notwithstanding any previous adjudication on that issue.
(B) The Secretary shall issue final regulations
to implement this section within six months of
November 16, 1981. If any oil and gas lease eligible for conversion under this section would
otherwise expire after November 16, 1981, and before six months following the issuance of implementing regulations, the lessee may preserve his
conversion right under such lease for a period
ending six months after the issuance of implementing regulations by filing with the Secretary, before the expiration of the lease, a notice of intent to file an application for conversion. Upon submission of a complete plan of operations in substantial compliance with the regulations promulgated by the Secretary for the
filing of such plans, the Secretary shall suspend
the running of the term of any oil and gas lease
proposed for conversion until the plan is finally
approved or disapproved. The Secretary shall
act upon a proposed plan of operations within
fifteen months of its submittal.
(C) When an existing oil and gas lease is converted to a combined hydrocarbon lease, the
royalty shall be that provided for in the original
oil and gas lease and for a converted mining
claim, 121⁄2 per centum in amount or value of
production removed or sold from the lease.
(2) Except as provided in this section, nothing
in the Combined Hydrocarbon Leasing Act of
1981 shall be construed to diminish or increase
the rights of any lessee under any oil and gas
lease issued prior to November 16, 1981.
(o) Certain outstanding oil and gas deposits
(1) Prior to the commencement of surface-disturbing activities relating to the development of
oil and gas deposits on lands described under
paragraph (5), the Secretary of Agriculture shall
require, pursuant to regulations promulgated by
the Secretary, that such activities be subject to

§ 226

terms and conditions as provided under paragraph (2).
(2) The terms and conditions referred to in
paragraph (1) shall require that reasonable advance notice be furnished to the Secretary of
Agriculture at least 60 days prior to the commencement of surface disturbing activities.
(3) Advance notice under paragraph (2) shall
include each of the following items of information:
(A) A designated field representative.
(B) A map showing the location and dimensions of all improvements, including but not
limited to, well sites and road and pipeline accesses.
(C) A plan of operations, of an interim character if necessary, setting forth a schedule for
construction and drilling.
(D) A plan of erosion and sedimentation control.
(E) Proof of ownership of mineral title.
Nothing in this subsection shall be construed to
affect any authority of the State in which the
lands concerned are located to impose any requirements with respect to such oil and gas operations.
(4) The person proposing to develop oil and gas
deposits on lands described under paragraph (5)
shall either—
(A) permit the Secretary to market merchantable timber owned by the United States
on lands subject to such activities; or
(B) arrange to purchase merchantable timber on lands subject to such surface disturbing
activities from the Secretary of Agriculture,
or otherwise arrange for the disposition of
such merchantable timber, upon such terms
and upon such advance notice of the items referred to in subparagraphs (A) through (E) of
paragraph (3) as the Secretary may accept.
(5)(A) The lands referred to in this subsection
are those lands referenced in subparagraph (B)
which are under the administration of the Secretary of Agriculture where the United States
acquired an interest in such lands pursuant to
the Act of March 1, 1911 (36 Stat. 961 and following), but does not have an interest in oil and gas
deposits that may be present under such lands.
This subsection does not apply to any such lands
where, under the provisions of its acquisition of
an interest in the lands, the United States is to
acquire any oil and gas deposits that may be
present under such lands in the future but such
interest has not yet vested with the United
States.
(B) This subsection shall only apply in the Allegheny National Forest.
(p) Deadlines for consideration of applications
for permits
(1) In general
Not later than 10 days after the date on
which the Secretary receives an application
for any permit to drill, the Secretary shall—
(A) notify the applicant that the application is complete; or
(B) notify the applicant that information
is missing and specify any information that
is required to be submitted for the application to be complete.

§ 226

TITLE 30—MINERAL LANDS AND MINING

(2) Issuance or deferral
Not later than 30 days after the applicant for
a permit has submitted a complete application, the Secretary shall—
(A) issue the permit, if the requirements
under the National Environmental Policy
Act of 1969 [42 U.S.C. 4321 et seq.] and other
applicable law have been completed within
such timeframe; or
(B) defer the decision on the permit and
provide to the applicant a notice—
(i) that specifies any steps that the applicant could take for the permit to be issued; and
(ii) a list of actions that need to be taken
by the agency to complete compliance
with applicable law together with timelines and deadlines for completing such actions.
(3) Requirements for deferred applications
(A) In general
If the Secretary provides notice under
paragraph (2)(B), the applicant shall have a
period of 2 years from the date of receipt of
the notice in which to complete all requirements specified by the Secretary, including
providing information needed for compliance
with the National Environmental Policy Act
of 1969.
(B) Issuance of decision on permit
If the applicant completes the requirements within the period specified in subparagraph (A), the Secretary shall issue a
decision on the permit not later than 10 days
after the date of completion of the requirements described in subparagraph (A), unless
compliance with the National Environmental Policy Act of 1969 and other applicable law has not been completed within such
timeframe.
(C) Denial of permit
If the applicant does not complete the requirements within the period specified in
subparagraph (A) or if the applicant does not
comply with applicable law, the Secretary
shall deny the permit.
(Feb. 25, 1920, ch. 85, § 17, 41 Stat. 443; July 3,
1930, ch. 854, § 1, 46 Stat. 1007; Mar. 4, 1931, ch. 506,
46 Stat. 1523; Aug. 21, 1935, ch. 599, § 1, 49 Stat.
676; Aug. 8, 1946, ch. 916, § 3, 60 Stat. 951; July 29,
1954, ch. 644, § 1(1)–(3), 68 Stat. 583; Pub. L. 86–507,
§ 1(21), June 11, 1960, 74 Stat. 201; Pub. L. 86–705,
§ 2, Sept. 2, 1960, 74 Stat. 781; Pub. L. 97–78, § 1(6),
(8), Nov. 16, 1981, 95 Stat. 1070, 1071; Pub. L.
100–203, title V, § 5102(a)–(d)(1), Dec. 22, 1987, 101
Stat. 1330–256, 1330–257; Pub. L. 102–486, title
XXV, §§ 2507(a), 2508(a), 2509, Oct. 24, 1992, 106
Stat. 3107–3109; Pub. L. 103–437, § 11(a)(1), Nov. 2,
1994, 108 Stat. 4589; Pub. L. 104–66, title I,
§ 1081(a), Dec. 21, 1995, 109 Stat. 721; Pub. L.
109–58, title III, §§ 350(a), (b), 366, 369(j)(1), Aug. 8,
2005, 119 Stat. 711, 726, 730.)
REFERENCES IN TEXT
Act of March 1, 1911, referred to in subsecs. (b)(3)(E)
and (o)(5)(A), is act Mar. 1, 1911, ch. 186, 36 Stat. 961, as
amended, known as the Weeks Law, which is classified
to sections 480, 500, 513 to 519, 521, 552, and 563 of Title

Page 74

16, Conservation. For complete classification of this
Act to the Code, see Short Title note set out under section 552 of Title 16 and Tables.
The Federal Onshore Oil and Gas Leasing Reform Act
of 1987, referred to in subsec. (d), is subtitle B (§§ 5101 to
5113) of title V of Pub. L. 100–203, Dec. 22, 1987, 101 Stat.
1330–256. For complete classification of this Act to the
Code, see Short Title of 1987 Amendment note set out
under section 181 of this title and Tables.
The Combined Hydrocarbon Leasing Act of 1981, referred to in subsec. (n)(2), is Pub. L. 97–78, Nov. 16, 1981,
95 Stat. 1070, which amended sections 181, 182, 184, 209,
226, 241, 351, and 352 of this title and enacted a provision
set out as a note under section 181 of this title. For
complete classification of this Act to the Code, see
Short Title of 1981 Amendment note set out under section 181 of this title and Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (p)(2)(A), (3)(A), (B), is Pub. L.
91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is
classified generally to chapter 55 (§ 4321 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 4321 of Title 42 and Tables.
AMENDMENTS
2005—Subsec. (b)(1)(B). Pub. L. 109–58, § 350(b), inserted
‘‘, subject to paragraph (2)(B),’’ after ‘‘Thereafter, the
Secretary’’.
Subsec. (b)(2). Pub. L. 109–58, § 350(a), designated existing provisions as subpar. (A) and added subpars. (B)
to (D).
Subsec. (b)(2)(A). Pub. L. 109–58, § 369(j)(1), designated
first sentence as cl. (i), substituted ‘‘5,760’’ for ‘‘five
thousand one hundred and twenty’’, designated second
and third sentences as cls. (ii) and (iii), respectively,
and added cl. (iv).
Subsec. (p). Pub. L. 109–58, § 366, added subsec. (p).
1995—Subsec. (j). Pub. L. 104–66 struck out at end
‘‘The Secretary shall report to Congress at the beginning of each regular session all such agreements entered into during the previous year which involve unleased Government lands.’’
1994—Subsec. (b)(1)(B). Pub. L. 103–437 substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
before ‘‘of the United States House’’.
1992—Subsec. (b)(1)(A). Pub. L. 102–486, § 2507(a)(1),
substituted ‘‘under paragraphs (2) and (3)’’ for ‘‘under
paragraph (2)’’.
Subsec. (b)(3). Pub. L. 102–486, § 2507(a)(2), added par.
(3).
Subsec. (e). Pub. L. 102–486, § 2509, substituted ‘‘Competitive and noncompetitive leases issued under this
section shall be for a primary term of 10 years: Provided, however,’’ for ‘‘Competitive leases issued under
this section shall be for a primary term of five years
and noncompetitive leases for a primary term of ten
years: Provided, however,’’.
Subsec. (o). Pub. L. 102–486, § 2508(a), added subsec. (o).
1987—Subsec. (b)(1). Pub. L. 100–203, § 5102(a), amended
par. (1) generally. Prior to amendment, par. (1) read as
follows: ‘‘If the lands to be leased are within any known
geological structure of a producing oil or gas field, they
shall be leased to the highest responsible qualified bidder by competitive bidding under general regulations in
units of not more than six hundred and forty acres,
which shall be as nearly compact in form as possible,
upon the payment by the lessee of such bonus as may
be accepted by the Secretary and of such royalty as
may be fixed in the lease, which shall be not less than
121⁄2 per centum in amount or value of the production
removed or sold from the lease.’’
Subsec. (c). Pub. L. 100–203, § 5102(b), amended subsec.
(c) generally. Prior to amendment, subsec. (c) read as
follows: ‘‘If the lands to be leased are not subject to
leasing under subsection (b) of this section, the person
first making application for the lease who is qualified
to hold a lease under this chapter shall be entitled to
a lease of such lands without competitive bidding. Such
leases shall be conditioned upon the payment by the

Page 75

TITLE 30—MINERAL LANDS AND MINING

lessee of a royalty of 121⁄2 per centum in amount or
value of the production removed or sold from the
lease.’’
Subsec. (d). Pub. L. 100–203, § 5102(c), amended subsec.
(d) generally. Prior to amendment, subsec. (d) read as
follows: ‘‘All leases issued under this section shall be
conditioned upon payment by the lessee of a rental of
not less than 50 cents per acre for each year of the
lease. Each year’s lease rental shall be paid in advance.
A minimum royalty of $1 per acre in lieu of rental shall
be payable at the expiration of each lease year beginning on or after a discovery of oil or gas in paying
quantities on the lands leased.’’
Subsecs. (f) to (n). Pub. L. 100–203, § 5102(d)(1), added
subsecs. (f) to (h) and redesignated former subsecs. (f)
to (k) as (i) to (n), respectively.
1981—Subsec. (b). Pub. L. 97–78, § 1(6)(a), designated
existing provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 97–78, § 1(6)(b), substituted ‘‘subject to leasing under subsection (b) of this section’’ for
‘‘within any known geological structure of a producing
oil or gas field’’.
Subsec. (e). Pub. L. 97–78, § 1(6)(c), inserted proviso
that competitive leases in special tar sand areas be for
a primary term of ten years.
Subsec. (k). Pub. L. 97–78, § 1(8), added subsec. (k).
1960—Pub. L. 86–705 generally amended this section
and sections 226d and 226e of this title, combining all
three sections and subdividing provisions into subsections (a) to (j) of this section. Among other changes
were: substitution of a fixed 10-year term for a renewable 5-year term for noncompetitive leases, the addition of subsec. (h) provisions with respect to the running of time against a lease during a contest of the
claim, an increase in the minimum yearly rentals from
25 to 50 cents an acre, and striking out provisions that
permitted a waiver of second-year and third-year rentals in certain situations.
Pub. L. 86–507 authorized notice of withdrawal to be
given by certified mail.
1954—Act July 29, 1954, in second par., provided, that
no lease shall terminate for nonproduction (1) if reworking or drilling operations are begun within 60 days
after cessation of production, (2) if cessation of production is by order or with consent of the Secretary of the
Interior, or (3) unless the lessee is given a reasonable
time of at least 60 days to place a well, capable of producing paying quantities of oil or gas, on a producing
status.
Act July 29, 1954, in third par., made sure that if a
lessee seasonably applies for an extension of the initial
five-year term of the lease he will be given such extension for either 5 years or 2 years, depending on whether
or not the land is in a producing structure.
Act July 29, 1954, in fifth par., provided that the primary term of a lease which is effected by an agreement
under which the United States received compensatory
royalty remains in full force and effect for 1 year following discontinuance of compensatory royalty payments.
1946—Act Aug. 8, 1946, principally substituted, with
respect to the leasing of lands not within a known geological structure of a producing oil or gas field, a royalty rate of 121⁄2 per cent without further provision as
to lease terms or quality of production; substituted a
minimum royalty of $1 per acre per annum after discovery for the advance rental of not less than 25 cents per
acre per annum required prior to discovery; provided
that all leases shall be for a primary term of 5 years
which shall continue thereafter for so long as oil or gas
is produced in paying quantities, and that leases, with
certain exceptions, shall be subject to one renewal for
5 years, and, if not subject to renewal, shall extend for
an additional 2 years if diligent operations are in
progress at the lease expiration date.
1935—Act Aug. 21, 1935, amended section generally.
1931—Act Mar. 4, 1931, amended section generally.
1930—Act July 3, 1930, amended section generally.
EFFECTIVE DATE OF 1992 AMENDMENT
Section 2507(b) of Pub. L. 102–486 provided that: ‘‘The
amendments made by subsection (a) [amending this

§ 226

section] apply with respect to those mineral estates in
which the interest of the United States becomes a vested present interest after January 1, 1990.’’
REGULATIONS
Pub. L. 109–58, title III, § 350(c), Aug. 8, 2005, 119 Stat.
711, provided that: ‘‘Not later than 45 days after the
date of enactment of this Act [Aug. 8, 2005], the Secretary [of the Interior] shall issue final regulations to
implement this section [amending this section].’’
Section 2508(b) of Pub. L. 102–486 provided that:
‘‘Within 90 days after the enactment of this Act [Oct.
24, 1992] the Secretary of Agriculture shall promulgate
regulations to implement the amendment made by subsection (a) [amending this section].’’
Section 5107 of Pub. L. 100–203 provided that:
‘‘(a) REGULATIONS.—The Secretary shall issue final
regulations to implement this subtitle [subtitle B
(§§ 5101–5113) of title V of Pub. L. 100–203, see Short Title
of 1987 Amendment note set out under section 181 of
this title] within 180 days after the enactment of this
subtitle [Dec. 22, 1987]. The regulations shall be effective when published in the Federal Register.
‘‘(b) TREATMENT UNDER OTHER LAW.—The proposal or
promulgation of such regulations shall not be considered a major Federal action subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 [42 U.S.C. 4332(2)(C)].
‘‘(c) TEST SALE.—The Secretary may hold one or
more lease sales conducted in accordance with the
amendments made by this subtitle before promulgation
of regulations referred to in subsection (a). Sale procedures for such sale shall be established in the notice of
sale.’’
SAVINGS PROVISION
Section 8 of Pub. L. 86–705 provided that: ‘‘No amendment made by this Act [see Short Title of 1960 Amendment note set out under section 181 of this title] shall
affect any valid right in existence on the effective date
[Sept. 2, 1960] of the Mineral Leasing Act Revision of
1960.’’
See note set out under section 181 of this title.
TRANSFER OF FUNCTIONS
Functions of Secretary of the Interior, referred to in
subsec. (j), to promulgate regulations under this chapter relating to establishment of diligence requirements
for operations conducted on Federal leases, setting of
rates for production of Federal leases, and specifying of
procedures, terms, and conditions for 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, § 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.
PENDING APPLICATIONS, OFFERS, AND BIDS
Section 5106 of Pub. L. 100–203 provided that:
‘‘(a) Notwithstanding any other provision of this subtitle [subtitle B (§§ 5101–5113) of title V of Pub. L.
100–203, see Short Title of 1987 Amendment note set out
under section 181 of this title] and except as provided in
subsection (b) of this section, all noncompetitive oil
and gas lease applications and offers and competitive
oil and gas bids pending on the date of enactment of
this subtitle [Dec. 22, 1987] shall be processed, and
leases shall be issued under the provisions of the Act of
February 25, 1920 [this chapter], as in effect before its
amendment by this subtitle, except where the issuance
of any such lease would not be lawful under such provisions or other applicable law.
‘‘(b) No noncompetitive lease applications or offers
pending on the date of enactment of this subtitle for
lands within the Shawnee National Forest, Illinois; the
Ouachita National Forest, Arkansas; Fort Chaffee, Arkansas; or Eglin Air Force Base, Florida; shall be proc-

§ 226–1

TITLE 30—MINERAL LANDS AND MINING

essed until these lands are posted for competitive bidding in accordance with section 5102 of this subtitle
[amending this section and section 188 of this title]. If
any such tract does not receive a bid equal to or greater than the national minimum acceptable bid from a
responsible qualified bidder then the noncompetitive
applications or offers pending for such a tract shall be
reinstated and noncompetitive leases issued under the
Act of February 25, 1920, as in effect before its amendment by this subtitle, except where the issuance of any
such lease would not be lawful under such provisions or
other applicable law. If competitive leases are issued
for any such tract, then the pending noncompetitive
application or offer shall be rejected.
‘‘(c) Except as provided in subsections (a) and (b) of
this section, all oil and gas leasing pursuant to the Act
of February 25, 1920, after the date of enactment of this
subtitle shall be conducted in accordance with the provisions of this subtitle.’’
REPORT TO CONGRESS
Section 5110 of Pub. L. 100–203 provided that: ‘‘The
Secretary shall submit annually for 5 years after enactment of this subtitle [Dec. 22, 1987] to the Congress a
report containing appropriate information to facilitate
congressional monitoring of this subtitle [subtitle B
(§§ 5101–5113) of title V of Pub. L. 100–203, see Short Title
of 1987 Amendment note set out under section 181 of
this title]. Such report shall include, but not be limited
to—
‘‘(1) the number of acres leased, and the number of
leases issued, competitively and noncompetitively;
‘‘(2) the amount of revenue received from bonus
bids, filing fees, rentals, and royalties;
‘‘(3) the amount of production from competitive and
noncompetitive leases; and
‘‘(4) such other data and information as will facilitate—
‘‘(A) an assessment of the onshore oil and gas
leasing system, and
‘‘(B) a comparison of the system as revised by
this subtitle with the system in operation prior to
the enactment of this subtitle.’’
LAND USE STUDY
Section 5111 of Pub. L. 100–203 provided that: ‘‘The
National Academy of Sciences and the Comptroller
General of the United States shall conduct a study of
the manner in which oil and gas resources are considered in the land use plans developed by the Secretary
of the Interior in accordance with provisions of the
Federal Land Policy and Management Act of 1976 (90
Stat. 2743) [Pub. L. 94–579, see Short Title note under 43
U.S.C. 1701] and the Secretary of Agriculture in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974 (88 Stat. 476) [Pub. L.
93–378, 16 U.S.C. 1600 et seq.], as amended by the National Forest Management Act of 1976 (90 Stat. 2949)
[Pub. L. 94–588, see Short Title of 1976 Amendment note
under 16 U.S.C. 1600], and recommend any improvements that may be necessary to ensure that—
‘‘(1) potential oil and gas resources are adequately
addressed in planning documents;
‘‘(2) the social, economic, and environmental consequences of exploration and development of oil and gas
resources are determined; and
‘‘(3) any stipulations to be applied to oil and gas
leases are clearly identified.’’
REINSTATEMENT AND EXTENSION OF CERTAIN TEN-YEAR
OIL AND GAS LEASES
Act July 14, 1952, ch. 742, 66 Stat. 630, provided: ‘‘That
any lease issued for a ten-year term in exchange for an
oil and gas prospecting permit pursuant to sections 13
and 17 of the Act entitled ‘An Act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on
the public domain’, approved February 25, 1920, as
amended by the Act of August 21, 1935 (49 Stat. 674)
[sections 221 and 226, respectively, of this title], and

Page 76

prior to amendment by the Act of August 8, 1946 [act
Aug. 8, 1946, ch. 916, § 3, 60 Stat. 951], and upon which
drilling operations were being diligently prosecuted on
the expiration date of such lease, prior to the effective
date of this Act [July 14, 1952], is hereby reinstated effective from the expiration date of the lease and shall
continue in effect for a period of two years after the effective date of this Act and so long thereafter as oil or
gas is produced in paying quantities, if, within ninety
days after the enactment of this Act, payment is made,
under the terms of such lease as reinstated and extended, of any sums due the United States for prior
years. This Act shall not be applicable to any lands
which, subsequent to such expiration and prior to the
enactment of this Act, have been withdrawn from leasing, leased, or otherwise disposed of.’’
OUTER CONTINENTAL SHELF; LEASES
Grant by Secretary of the Interior of oil, gas, and
other mineral leases on submerged lands of outer Continental Shelf, see section 1331 et seq. of Title 43, Public
Lands.

§ 226–1. Extension of noncompetitive oil or gas
lease issued before September 2, 1960
(a) Lands not withdrawn from leasing
Upon the expiration of the initial five-year
term of any noncompetitive oil or gas lease
which was issued prior to September 2, 1960, and
which has been maintained in accordance with
applicable statutory requirements and regulations, the record titleholder thereof shall be entitled to a single extension of the lease, unless
then otherwise provided by law, for such lands
covered by it as are not, on the expiration date
of the lease, withdrawn from leasing. A withdrawal, however, shall not affect the right to an
extension if actual drilling operations on such
lands were commenced prior to the effective
date of the withdrawal and were being diligently
prosecuted on the expiration date of the lease.
No withdrawal shall be effective within the
meaning of this section until ninety days after
notice thereof has been sent by registered or
certified mail to each lessee to be affected by
such withdrawal.
(b) Known and unknown geologic structures of
producing fields
As to lands not within the known geologic
structure of a producing oil or gas field, a noncompetitive oil or gas lease to which this section is applicable shall be extended for a period
of five years and so long thereafter as oil or gas
is produced in paying quantities. As to lands
within the known geologic structure of a producing oil or gas field, a noncompetitive lease to
which this section is applicable shall be extended for a period of two years and so long
thereafter as oil or gas is produced in paying
quantities.
(c) Application requirement
Any noncompetitive oil or gas lease extended
under this section shall be subject to the rules
and regulations in force at the expiration of the
initial five-year term of the lease. No extension
shall be granted, however, unless within a period
of ninety days prior to the expiration date of the
lease an application therefor is filed by the
record titleholder or an assignee whose assignment has been filed for approval or an operator
whose operating agreement has been filed for approval.

Page 77

TITLE 30—MINERAL LANDS AND MINING

(d) Commencement of actual drilling operations
Any lease issued prior to September 2, 1960,
which has been maintained in accordance with
applicable statutory requirements and regulations and which pertains to land on which, or for
which under an approved cooperative or unit
plan of development or operation, actual drilling
operations were commenced prior to the end of
its primary term and are being diligently prosecuted at that time shall be extended for two
years and so long thereafter as oil or gas is produced in paying quantities.
(Pub. L. 86–705, § 4, Sept. 2, 1960, 74 Stat. 789.)
CODIFICATION
Section was enacted as part of Mineral Leasing Act
Revision of 1960, and not as part of act Feb. 25, 1920, ch.
85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

§ 226–2. Limitations for filing oil and gas contests
No action contesting a decision of the Secretary involving any oil and gas lease shall be
maintained unless such action is commenced or
taken within ninety days after the final decision
of the Secretary relating to such matter. No
such action contesting such a decision of the
Secretary rendered prior to September 2, 1960
shall be maintained unless the same be commenced or taken within ninety days after September 2, 1960.
(Feb. 25, 1920, ch. 85, § 42, as added Pub. L. 86–705,
§ 5, Sept. 2, 1960, 74 Stat. 790.)
§ 226–3. Lands not subject to oil and gas leasing
(a) Prohibition
The Secretary shall not issue any lease under
this chapter or under the Geothermal Steam Act
of 1970 [30 U.S.C. 1001 et seq.] on any of the following Federal lands:
(1) Lands recommended for wilderness allocation by the surface managing agency.
(2) Lands within Bureau of Land Management wilderness study areas.
(3) Lands designated by Congress as wilderness study areas, except where oil and gas
leasing is specifically allowed to continue by
the statute designating the study area.
(4) Lands within areas allocated for wilderness or further planning in Executive Communication 1504, Ninety-Sixth Congress (House
Document numbered 96–119), unless such lands
are allocated to uses other than wilderness by
a land and resource management plan or have
been released to uses other than wilderness by
an act of Congress.
(b) Exploration
In the case of any area of National Forest or
public lands subject to this section, nothing in
this section shall affect any authority of the
Secretary of the Interior (or for National Forest
Lands reserved from the public domain, the Secretary of Agriculture) to issue permits for exploration for oil and gas, coal, oil shale, phosphate,
potassium, sulphur, gilsonite or geothermal resources by means not requiring construction of
roads or improvement of existing roads if such
activity is conducted in a manner compatible
with the preservation of the wilderness environment.

§ 226c

(Feb. 25, 1920, ch. 85, § 43, as added Pub. L.
100–203, title V, § 5112, Dec. 22, 1987, 101 Stat.
1330–262; amended Pub. L. 100–443, § 5(c), Sept. 22,
1988, 102 Stat. 1768.)
REFERENCES IN TEXT
The Geothermal Steam Act of 1970, referred to in subsec. (a), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566,
which is classified principally to chapter 23 (§ 1001 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–443, § 5(c)(1), inserted ‘‘or
under the Geothermal Steam Act of 1970’’ after ‘‘under
this chapter’’ and directed that ‘‘oil and gas’’ be stricken which was executed by striking those words where
they appeared after ‘‘not issue any’’ in introductory
provisions, but not where they appeared in par. (3) as
the probable intent of Congress.
Subsec. (b). Pub. L. 100–443, § 5(c)(2), inserted ‘‘, coal,
oil shale, phosphate, potassium, sulphur, gilsonite or
geothermal resources’’ after ‘‘oil and gas’’.

§§ 226a, 226b. Repealed. Aug. 8, 1946, ch. 916, § 14,
60 Stat. 958
Section 226a, act July 8, 1940, ch. 548, 54 Stat. 742, related to lease of lands not within known productive
field. See section 226 of this title.
Section 226b, acts July 29, 1942, ch. 534, § 1, 56 Stat.
726; Dec. 22, 1943, ch. 376, 57 Stat. 608; Sept. 27, 1944, ch.
429, 58 Stat. 755; Nov. 30, 1945, ch. 495, 59 Stat. 587, related to preference right to new oil and gas lease upon expiration of five-year non-competitive oil and gas lease.
See section 226 of this title.
SAVINGS PROVISION
See note set out under section 181 of this title.

§ 226c. Reduction of royalties under existing
leases
From and after August 8, 1946, the royalty obligation to the United States under all leases requiring payment of royalty in excess of 121⁄2 per
centum, except leases issued or to be issued
upon competitive bidding, is reduced to 121⁄2 per
centum in amount or value of production removed or sold from said leases as to (1) such
leases, or such part of the lands subject thereto,
and the deposits underlying the same, as are not
believed to be within the productive limits of
any oil or gas deposit, as such productive limits
are found by the Secretary to exist on August 8,
1946, and (2) any production on a lease from an
oil or gas deposit which was discovered after
May 27, 1941, by a well or wells drilled within the
boundaries of the lease, and which is determined
by the Secretary to be a new deposit; and (3) any
production on or allocated to a lease pursuant to
an approved unit or cooperative agreement from
an oil or gas deposit which was discovered after
May 27, 1941, on land committed to such agreement, and which is determined by the Secretary
to be a new deposit, where such lease was included in such agreement at the time of discovery, or was included in a duly executed and filed
application for the approval of such agreement
at the time of discovery.
(Aug. 8, 1946, ch. 916, § 12, 60 Stat. 957.)
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.

TITLE 30—MINERAL LANDS AND MINING

§§ 226d, 226e

SAVINGS PROVISION
See note set out under section 181 of this title.
OUTER CONTINENTAL SHELF; REFUNDS ON MINERALLEASE PAYMENTS
Refunds of excess payments with respect to oil, gas,
and other leases on submerged lands of outer Continental Shelf, see section 1339 of Title 43, Public Lands.

§§ 226d, 226e. Omitted
CODIFICATION
Sections were completely amended by Pub. L. 86–705,
§ 2, Sept. 2, 1960, 74 Stat. 781, and included in section 17
of Mineral Leasing Act of Feb. 25, 1920, classified to section 226 of this title.
Section 226d, act Feb. 25, 1920, ch. 85, § 17a, as added
Aug. 8, 1946, ch. 916, § 4, 60 Stat. 952, provided for the exchange of leases and fixed royalty rates for new leases.
Section 226e, act Feb. 25, 1920, ch. 85, § 17b, as added
Aug. 8, 1946, ch. 916, § 5, 60 Stat. 952; amended July 29,
1954, ch. 644, § 1(4), (5), 68 Stat. 585, permitted establishment of cooperative or unit plans, setting up procedures for regulating production, approving contracts
and preventing waste.

§ 227. Omitted
CODIFICATION
Section, acts Feb. 25, 1920, ch. 85, § 18, 41 Stat. 443;
Feb. 25, 1928, ch. 104, 45 Stat. 148, authorized the United
States to issue leases for a period of twenty years to
persons who relinquished all rights claimed or possessed prior to July 3, 1910 under preexisting placer
mining law provided relinquishment was filed in the
General Land Office within six months after Feb. 25,
1920.

§ 228. Prospecting permits and leases to persons
of lands not withdrawn; terms and conditions of; fraud of claimants
Any person who on October 1, 1919, was a bona
fide occupant or claimant of oil or gas lands
under a claim initiated while such lands were
not withdrawn from oil or gas location and
entry, and who had previously performed all
acts under then existing laws necessary to valid
locations thereof except to make discovery, and
upon which discovery had not been made prior
to February 25, 1920, and who has performed
work or expended on or for the benefit of such
locations an amount equal in the aggregate of
$250 for each location if application therefor
shall be made within six months from February
25, 1920, shall be entitled to prospecting permits
thereon upon the same terms and conditions,
and limitations as to acreage, as other permits
provided for in this chapter, or where any such
person has made such discovery, prior to said
February 25, 1920, he shall be entitled to a lease
thereon under such terms as the Secretary of
the Interior may prescribe unless otherwise provided for in section 227 1 of this title: Provided,
That where such prospecting permit is granted
upon land within any known geologic structure
of a producing oil or gas field, the royalty to be
fixed in any lease thereafter granted thereon or
any portion thereof shall be not less than 121⁄2
per-centum of all the oil or gas produced except
oil or gas used for production purposes on the
claim, or unavoidably lost: Provided, however,
That the provisions of this section shall not
1 See

References in Text note below.

Page 78

apply to lands reserved for the use of the Navy.
No claimant for a permit or lease who has been
guilty of any fraud or who had knowledge or reasonable grounds to know of any fraud, or who
has not acted honestly and in good faith shall be
entitled to any of the benefits of this section.
All permits or leases hereunder shall inure to
the benefit of the claimant and all persons
claiming through or under him by lease, contract, or otherwise, as their interests may appear.
(Feb. 25, 1920, ch. 85, § 19, 41 Stat. 445.)
REFERENCES IN TEXT
Section 227 of this title, referred to in text, was omitted from the Code.

§ 229. Preference right to permits or leases of
claimants of lands bona fide entered as agricultural land; terms and conditions
In the case of lands bona fide entered as agricultural, and not withdrawn or classified as
mineral at the time of entry, but not including
lands claimed under any railroad grant, the
entryman or patentee, or assigns, where assignment was made prior to January 1, 1918, if the
entry has been patented with the mineral right
reserved, shall be entitled to a preference right
to a permit and to a lease, as herein provided, in
case of discovery; and within an area not greater
than a township such entryman and patentees,
or assigns holding restricted patents may combine their holdings, not to exceed two thousand
five hundred and sixty acres for the purpose of
making joint application. Leases executed under
this section and embracing only lands so entered
shall provide for the payment of a royalty of not
less than 121⁄2 per centum as to such areas within
the permit as may not be included within the
discovery lease to which the permittee is entitled under section 223 of this title.
(Feb. 25, 1920, ch. 85, § 20, 41 Stat. 445.)
§ 229a. Water struck while drilling for oil and gas
(a) Acquisition; condition in lease
All prospecting permits and leases for oil or
gas made or issued under the provisions of this
chapter shall be subject to the condition that in
case the permittee or lessee strikes water while
drilling instead of oil or gas, the Secretary of
the Interior may, when such water is of such
quality and quantity as to be valuable and usable at a reasonable cost for agricultural, domestic, or other purposes, purchase the casing in the
well at the reasonable value thereof to be fixed
under rules and regulations to be prescribed by
the Secretary.
(b) Prior leases
In cases where water wells producing such
water have heretofore been or may hereafter be
drilled upon lands embraced in any prospecting
permit or lease heretofore issued under this
chapter, the Secretary may in like manner purchase the casing in such wells.
(c) Disposition
The Secretary may make such purchase and
may lease or operate such wells for the purpose
of producing water and of using the same on the

Page 79

TITLE 30—MINERAL LANDS AND MINING

public lands or of disposing of such water for
beneficial use on other lands, and where such
wells have heretofore been plugged or abandoned
or where such wells have been drilled prior to
the issuance of any permit or lease by persons
not in privity with the permittee or lessee, the
Secretary may develop the same for the purposes of this section: Provided, That owners or
occupants of lands adjacent to those upon which
such water wells may be developed shall have a
preference right to make beneficial use of such
water.
(d) Revolving fund
The Secretary may use so much of any funds
available for the plugging of wells, as he may
find necessary to start the program provided for
by this section, and thereafter he may use the
proceeds from the sale or other disposition of
such water as a revolving fund for the continuation of such program, and such proceeds are
hereby appropriated for such purpose.
(e) Operations under lease not restricted
Nothing in this section shall be construed to
restrict operations under any oil or gas lease or
permit under any other provision of this chapter.
(Feb. 25, 1920, ch. 85, § 40, as added June 16, 1934,
ch. 557, 48 Stat. 977; amended Pub. L. 94–579, title
VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792.)
AMENDMENTS
1976—Subsec. (a). Pub. L. 94–579 struck out proviso relating to reservation of land as a water hole under section 300 of title 43.
EFFECTIVE DATE OF 1976 AMENDMENT
Section 704(a) of Pub. L. 94–579 provided that the
amendment made by that section is effective on and
after Oct. 21, 1976.
SAVINGS PROVISION
Amendment by Pub. L. 94–579 not to be construed as
terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set
out as a note under section 1701 of Title 43, Public
Lands.

§§ 230 to 233. Repealed. June 22, 1948, ch. 605, § 3,
62 Stat. 576
Section 230, act Mar. 4, 1923, ch. 249, § 1, 42 Stat. 1448,
authorized permits and leases for certain United States
citizens and corporations in Oklahoma.
Section 231, act Mar. 4, 1923, ch. 249, § 2, 42 Stat. 1448,
required applications for permits and leases to be made
not later than sixty days after Mar. 4, 1923.
Section 232, act Mar. 4, 1923, ch. 249, § 3, 42 Stat. 1448,
limited amount of land any one person or corporation
could be granted.
Section 233, act Mar. 4, 1923, ch. 249, § 4, 42 Stat. 1448,
provided for payment of royalties to United States.
SAVINGS PROVISION
Section 3 of act June 22, 1948, provided that the repeal
of these sections is subject to existing valid rights.

§ 233a. Permits or leases of certain lands in Oklahoma; retention of royalties
The Secretary of the Interior is directed to retain in his custody until otherwise directed by
law the 121⁄2 per centum and other royalties
heretofore or hereafter received by him in pursuance of section 233 1 of this title.
1 See

References in Text note below.

§ 236b

(Mar. 4, 1925, ch. 550, § 2, 43 Stat. 1302.)
REFERENCES IN TEXT
Section 233 of this title, referred to in text, was repealed by act June 22, 1948, ch. 605, § 3, 62 Stat. 576.
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.

§§ 234 to 236. Repealed. June 22, 1948, ch. 605, § 3,
62 Stat. 576
Section 234, act Mar. 4, 1923, ch. 249, § 5, 42 Stat. 1449,
provided for application of other laws to leases and permits granted under sections 230 to 233 and 234 to 236 of
this title, and for disposition of lands and deposits remaining unappropriated and undisposed of.
Section 235, act Mar. 4, 1923, ch. 249, § 6, 42 Stat. 1449,
prohibited interference with certain lands in possession
of receivers appointed by the Supreme Court.
Section 236, act Mar. 4, 1923, ch. 249, § 7, 42 Stat. 1450,
authorized promulgation of rules and regulations necessary to accomplish purposes of sections 230 to 233 and
234 to 236 of this title.
SAVINGS PROVISION
Section 3 of act June 22, 1948, provided that the repeal
of these sections is subject to existing valid rights.

§ 236a. Lands in naval petroleum reserves and
naval oil-shale reserves; effect of other laws
Nothing in sections 185, 221,1 223, 223a,1 and 226
of this title and this section shall be construed
as affecting any lands within the borders of the
naval petroleum reserves and naval oil-shale reserves or agreements concerning operations
thereunder or in relation to the same, but the
Secretary of the Navy is hereby authorized, with
the consent of the President, to enter into
agreements such as those provided for under sections 184 and 226 of this title, which agreement
shall not, unless expressed therein, operate to
extend the terms of any lease affected thereby.
(Aug. 21, 1935, ch. 599, § 3, 49 Stat. 679.)
REFERENCES IN TEXT
Section 221 of this title, referred to in text, was omitted from the Code.
Section 223a of this title, referred to in text, was repealed by act Aug. 8, 1946, ch. 916, § 14, 60 Stat. 958.
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.

§ 236b. Existing leases within naval petroleum reserves not affected
Nothing in this act shall be construed as affecting existing leases within the borders of the
naval petroleum reserves, or agreements concerning operations thereunder or in relation
thereto.
(Aug. 8, 1946, ch. 916, § 13, 60 Stat. 958; Aug. 10,
1956, ch. 1041, § 53, 70A Stat. 675.)
REFERENCES IN TEXT
This act, referred to in text, is act Aug. 8, 1946, ch.
916, 60 Stat. 950, as amended, which is classified gener1 See

References in Text note below.

TITLE 30—MINERAL LANDS AND MINING

§ 237

ally to sections 181, 184, 187a, 187b, 188, 193, 209, 225, 226,
226c to 226e, 236b, and 285 of this title. For complete
classification of this Act to the Code, see Tables.
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.
AMENDMENTS
1956—Act Aug. 10, 1956, repealed the portion of this
section after ‘‘thereto’’ which authorized the Secretary
of the Navy, with the consent of the President, to enter
into agreements such as those provided for in section
236e of this title, which agreements, should not, unless
expressed therein, operate to extend the term of any
lease affected thereby.

§ 237. Omitted
CODIFICATION
Section, Pub. L. 95–372, title VI, § 602, Sept. 18, 1978, 92
Stat. 694, which required the Secretary of the Interior
to submit annual reports to Congress on delinquent
royalty accounts under leases issued under any Act
regulating development of oil and gas on Federal lands,
terminated, effective May 15, 2000, pursuant to section
3003 of Pub. L. 104–66, as amended, set out as a note
under section 1113 of Title 31, Money and Finance. See,
also, page 111 of House Document No. 103–7.

SUBCHAPTER V—OIL SHALE
§ 241. Leases of lands
(a) In general
(1) The Secretary of the Interior is hereby authorized to lease to any person or corporation
qualified under this chapter any deposits of oil
shale, and gilsonite (including all vein-type
solid hydrocarbons) belonging to the United
States and the surface of so much of the public
lands containing such deposits, or land adjacent
thereto, as may be required for the extraction
and reduction of the leased minerals, under such
rules and regulations, not inconsistent with this
chapter, as he may prescribe.
(2) No lease hereunder shall exceed 5,760 acres
of land, to be described by the legal subdivisions
of the public-land surveys, or if unsurveyed, to
be surveyed by the United States, at the expense
of the applicant, in accordance with regulations
to be prescribed by the Secretary of the Interior.
(3) Leases may be for indeterminate periods,
upon such conditions as may be imposed by the
Secretary of the Interior, including covenants
relative to methods of mining, prevention of
waste, and productive development.
(4) For the privilege of mining, extracting, and
disposing of the oil or other minerals covered by
a lease under this section the lessee shall pay to
the United States such royalties as shall be
specified in the lease and an annual rental, payable at the beginning of each year, at the rate of
$2.00 per acre per annum, for the lands included
in the lease, the rental paid for any one year to
be credited against the royalties accruing for
that year; such royalties to be subject to readjustment at the end of each twenty-year period
by the Secretary of the Interior. For the purpose
of encouraging the production of petroleum
products from shales the Secretary may, in his
discretion, waive the payment of any royalty
and rental during the first five years of any

Page 80

lease. Any person having a valid claim to such
minerals under existing laws on January 1, 1919,
shall, upon the relinquishment of such claim, be
entitled to a lease under the provisions of this
section for such area of the land relinquished as
shall not exceed the maximum area authorized
by this section to be leased to an individual or
corporation. No claimant for a lease who has
been guilty of any fraud or who had knowledge
or reasonable grounds to know of any fraud, or
who has not acted honestly and in good faith,
shall be entitled to any of the benefits of this
section. No one person, association, or corporation shall acquire or hold more than 50,000 acres
of oil shale leases in any one State. For gilsonite (including all vein-type solid hydrocarbons)
no person, association, or corporation shall acquire or hold more than seven thousand six hundred eighty acres in any one State without respect to the number of leases.
(5) No lease issued under this section shall be
included in any chargeability limitation associated with oil and gas leases.
(b) Offer for lease; deposits other than oil shale;
questioned validity because of location; preference rights
If an offer for a lease under the provisions of
this section for deposits other than oil shale is
based upon a mineral location, the validity of
which might be questioned because the claim
was based on a placer location rather than on a
lode location, or vice versa, the offeror shall
have a preference right to a lease if the offer is
filed not more than one year after September 2,
1960.
(c) 1 Multiple use principal leases; gilsonite including all vein-type solid hydrocarbons
With respect to gilsonite (including all veintype solid hydrocarbons) a lease under the multiple use principle may issue notwithstanding
the existence of an outstanding lease issued
under any other provision of this chapter.
(c) 1 Offsite leases
(1) The Secretary may within the State of Colorado lease to the holder of the Federal oil shale
lease known as Federal Prototype Tract C–a additional lands necessary for the disposal of oil
shale wastes and the materials removed from
mined lands, and for the building of plants, reduction works, and other facilities connected
with oil shale operations (which lease shall be
referred to hereinafter as an ‘‘offsite lease’’).
The Secretary may only issue one offsite lease
not to exceed six thousand four hundred acres.
An offsite lease may not serve more than one
Federal oil shale lease and may not be transferred except in conjunction with the transfer of
the Federal oil shale lease that it serves.
(2) The Secretary may issue one offsite lease
of not more than three hundred and twenty
acres to any person, association or corporation
which has the right to develop oil shale on nonFederal lands. An offsite lease serving non-Federal oil shale land may not serve more than one
oil shale operation and may not be transferred
except in conjunction with the transfer of the
non-Federal oil shale land that it serves. Not
1 Two

subsecs. (c) have been enacted.

Page 81

TITLE 30—MINERAL LANDS AND MINING

more than two offsite leases may be issued
under this paragraph.
(3) An offsite lease shall include no rights to
any mineral deposits.
(4) The Secretary may issue offsite leases after
consideration of the need for such lands, impacts on the environment and other resource
values, and upon a determination that the public interest will be served thereby.
(5) An offsite lease for lands the surface of
which is under the jurisdiction of a Federal
agency other than the Department of the Interior shall be issued only with the consent of that
other Federal agency and shall be subject to
such terms and conditions as it may prescribe.
(6) An offsite lease shall be for such periods of
time and shall include such lands, subject to the
acreage limitations contained in this subsection, as the Secretary determines to be necessary to achieve the purposes for which the
lease is issued, and shall contain such provisions
as he determines are needed for protection of environmental and other resource values.
(7) An offsite lease shall provide for the payment of an annual rental which shall reflect the
fair market value of the rights granted and
which shall be subject to such revisions as the
Secretary, in his discretion, determines may be
needed from time to time to continue to reflect
the fair market value.
(8) An offsite lease may, at the option of the
lessee, include provisions for payments in any
year which payments shall be credited against
any portion of the annual rental for a subsequent year to the extent that such payment is
payable by the Secretary of the Treasury under
section 191 of this title to the State within the
boundaries of which the leased lands are located.
Such funds shall be paid by the Secretary of the
Treasury to the appropriate State in accordance
with section 191 of this title, and such funds
shall be distributed by the State only to those
counties, municipalities, or jurisdictional subdivisions impacted by oil shale development and/
or where the lease is sited.
(9) An offsite lease shall remain subject to
leasing under the other provisions of this chapter where such leasing would not be incompatible with the offsite lease.
(d) Considerations governing issuance of offsite
lease
In recognition of the unique character of oil
shale development:
(1) In determining whether to offer or issue an
offsite lease under subsection (c) of this section,
the Secretary shall consult with the Governor
and appropriate State, local, and tribal officials
of the State where the lands to be leased are located, and of any additional State likely to be
affected significantly by the social, economic, or
environmental effects of development under
such lease, in order to coordinate Federal and
State planning processes, minimize duplication
of permits, avoid delays, and anticipate and
mitigate likely impacts of development.
(2) The Secretary may issue an offsite lease
under subsection (d) 2 after consideration of (A)
the need for leasing, (B) impacts on the environ2 So

in original. Probably should be subsection ‘‘(c)’’.

§ 241

ment and other resource values, (C) socioeconomic factors, and (D) information from consultations with the Governors of the affected
States.
(3) Before determining whether to offer an offsite lease under subsection (c) of this section,
the Secretary shall seek the recommendation of
the Governor of the State in which the lands to
be leased are located as to whether or not to
lease such lands, what alternative actions are
available, and what special conditions could be
added to the proposed lease to mitigate impacts.
The Secretary shall accept the recommendations of the Governor if he determines that they
provide for a reasonable balance between the national interest and the State’s interests. The
Secretary shall communicate to the Governor,
in writing, and publish in the Federal Register
the reasons for his determination to accept or
reject such Governor’s recommendations.
(Feb. 25, 1920, ch. 85, § 21, 41 Stat. 445; Pub. L.
86–705, § 7, Sept. 2, 1960, 74 Stat. 790; Pub. L. 97–78,
§ 1(1), Nov. 16, 1981, 95 Stat. 1070; Pub. L. 97–394,
title III, § 318, Dec. 30, 1982, 96 Stat. 1999; Pub. L.
109–58, title III, § 369(j)(2), Aug. 8, 2005, 119 Stat.
731.)
AMENDMENTS
2005—Subsec. (a). Pub. L. 109–58 designated first to
third sentences as pars. (1) to (3), respectively, substituted ‘‘5,760’’ for ‘‘five thousand one hundred and
twenty’’ in par. (2), designated fourth to eighth sentences as par. (4) and substituted ‘‘rate of $2.00 per
acre’’ for ‘‘rate of 50 cents per acre’’, ‘‘No one person’’
for ‘‘Not more than one lease shall be granted under
this section to any one person’’, and ‘‘shall acquire or
hold more than 50,000 acres of oil shale leases in any
one State. For’’ for ‘‘except that with respect to leases
for’’, and added par. (5).
1982—Subsecs. (c), (d). Pub. L. 97–394 added subsecs.
(c) and (d).
1981—Subsec. (a). Pub. L. 97–78 substituted ‘‘and gilsonite (including all vein-type solid hydrocarbons)’’
and ‘‘gilsonite (including all vein-type solid hydrocarbons)’’ for ‘‘native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated
rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried)’’.
Subsec. (c). Pub. L. 97–78 substituted ‘‘gilsonite (including all vein-type solid hydrocarbons)’’ for ‘‘native
asphalt, solid and semisolid bitumen, and bituminous
rock (including oil-impregnated rock or sands from
which oil is recoverable only by special treatment after
the deposit is mined or quarried)’’.
1960—Pub. L. 86–705 designated existing provisions as
subsec. (a) and added subsecs. (b) and (c). Other changes
included addition of native asphalt, solid and semisolid
bitumen, and bituminous rock within the scope of the
section, and insertion of the limitation upon such holdings.
TRANSFER OF FUNCTIONS
Functions of Secretary of the Interior to promulgate
regulations under this chapter relating to establishment of diligence requirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of procedures,
terms, and conditions for 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, § 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.

§ 242

TITLE 30—MINERAL LANDS AND MINING

§ 242. Oil shale claims
(a) Notice
Notwithstanding any other provision of law,
within 60 days from October 24, 1992, the Secretary of the Interior shall provide notice to
each holder of an unpatented oil shale mining
claim of the requirements of this Act. Such notice shall be made by registered mail and by
publication in a newspaper of general circulation in the areas in which such claims are located.
(b) Full patent
The holder of a valid oil shale mining claim
who has filed a patent application and received
first half final certificate for patent by October
24, 1992, may obtain a patent pursuant to the
general mining laws of the United States.
(c) Patent
(1) Notwithstanding any other provision of
law, the holder of a valid oil shale mining claim
who has filed a patent application which has
been accepted for processing by the Department
of the Interior by October 24, 1992, but has not
received first half final certificate for patent by
October 24, 1992, may receive only a patent limited to the oil shale and associated minerals,
upon payment of $2.50 per acre. Title to the surface and to all other minerals, including, but
not limited to, oil, gas, and coal, shall remain in
the United States. Patents issued pursuant to
this subsection shall provide for surface use to
the same extent as is provided under applicable
law prior to October 24, 1992, with respect to oil
shale mining claims, subject to the requirements of subsection (f) of this section.
(2) Maintenance of claims referred to in this
subsection prior to patent issuance shall be in
accordance with the requirements of applicable
law prior to October 24, 1992.
(3) Any holder of a valid oil shale mining
claim referred to in this subsection may maintain such claim in accordance with the requirements set forth in subsection (e)(2) of this section in lieu of receiving a patent under this section.
(4) Notwithstanding any other provision of
law, any person referred to in paragraph (1) who
obtains compensation from the United States as
a result of the application of this section being
declared to be a taking of property within the
meaning of the Fifth Amendment to the United
States Constitution, may obtain a full patent
upon tender to the Secretary of the amount of
such compensation, not including interest, and
upon the receipt of such amount, the Secretary
shall convey to such person a patent in the form
and manner provided under the general mining
laws of the United States. Such tender may only
be made within 3 years of obtaining such compensation.
(d) Election
(1) Notwithstanding any other provision of
law, within 180 days from the date of which the
Secretary provided notice under subsection (a)
of this section, a holder of a valid oil shale mining claim for which a patent application was not
filed and accepted for processing by the Department of the Interior prior to October 24, 1992,

Page 82

shall file with the Secretary a notice of election
to—
(A) proceed to limited patent as provided in
subsection (e)(1) of this section; or
(B) maintain the unpatented claim as provided for in subsection (e)(2) of this section.
(2) Failure to file the notice of election as required by paragraph (1) shall be deemed conclusively to constitute an abandonment of the
claim by operation of law.
(3) Any claim holder who elects to proceed
under paragraph (1)(A) must apply for a patent
within 2 years from the date of election or notify the Secretary in writing prior to expiration
of the 2-year period of a decision to maintain
such claim as provided in paragraph (1)(B) or
such claim shall be deemed conclusively to have
been abandoned by operation of law.
(4) The provisions of this subsection shall be in
addition to the requirements of section 1744 of
title 43.
(e) Effect of election
(1) Notwithstanding any other provisions of
law, a claim holder subject to the election requirements of subsection (d) of this section who
elects to receive a limited patent shall receive
title only to the oil shale associated minerals,
upon payment of fair market value for the oil
shale and associated minerals. Title to the surface and to all other minerals, including, but
not limited to oil, gas, and coal, shall remain in
the United States. Patents issued pursuant to
this subsection shall provide for surface use to
the same extent as is provided under applicable
law prior to October 24, 1992, with respect to oil
shale mining claims, subject to the requirements of subsection (f) of this section.
(2) Notwithstanding any other provision of
law, a claim holder referred to in subsection (c)
of this section or a claim holder subject to the
election requirements of subsection (d) of this
section who maintains or elects to maintain an
unpatented claim shall maintain such claim by
complying with the general mining laws of the
United States, and with the provisions of this
section, except that the claim holder shall no
longer be required to perform annual labor, and
instead shall pay to the Secretary $550 per claim
per year for deposit as miscellaneous receipts in
the general fund of the Treasury, commencing
with calendar year 1993. Such fee shall accompany the filing made by the claim holder with
the Bureau of Land Management pursuant to
section 1744(a)(2) of title 43.
(f) Reclamation
In addition to other applicable requirements,
any person who holds a limited patent or maintains a claim pursuant to this section shall be
required to carry out reclamation as prescribed
by the Secretary and to furnish a bond or other
appropriate financial guarantee in an amount
sufficient to ensure adequate reclamation of the
lands to be disturbed by any aspect of the proposed mining activities.
(g) Reaffirmation of requirements
Without comment on the adequacy of current
or former standards for determining validity of
oil shale claims, Congress reaffirms the requirements of law that a patent may issue only to

Page 83

TITLE 30—MINERAL LANDS AND MINING

persons who hold valid claims and the need for
careful review of any applications.
(h) Issuance of patents
Notwithstanding any other provision of law,
with respect to any oil shale mining claim located under the general mining laws of the
United States, no patent for such claim shall be
issued except as provided by this section.
(Pub. L. 102–486, title XXV, § 2511, Oct. 24, 1992,
106 Stat. 3109.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 102–486,
Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy
Act of 1992. For complete classification of this Act to
the Code, see Short Title note set out under section
13201 of Title 42, The Public Health and Welfare, and
Tables.
CODIFICATION
Section was enacted as part of the Energy Policy Act
of 1992, and not as part of act Feb. 25, 1920, ch. 85, 41
Stat. 437, known as the Mineral Leasing Act, which
comprises this chapter.

SUBCHAPTER VI—ALASKA OIL PROVISO
§ 251. Leases to claimants of withdrawn lands;
terms and conditions; acreage; annual rentals and royalties; fraud of claimants
Any bona fide occupant or claimant of oil or
gas bearing lands in the Territory of Alaska,
who, or whose predecessors in interest, prior to
withdrawal had complied otherwise with the requirements of the mining laws, but had made no
discovery of oil or gas in wells and who prior to
withdrawal had made substantial improvements
for the discovery of oil or gas on or for each location or had prior to February 25, 1920 expended
not less than $250 in improvements on or for
each location shall be entitled, upon relinquishment or surrender to the United States within
one year from February 25, 1920, or within six
months after final denial or withdrawal of application for patent, to a lease or leases, under this
chapter covering such lands, not exceeding five
leases in number and not exceeding an aggregate
of one thousand two hundred and eighty acres in
each: Provided, That the annual lease rentals for
lands in the Territory of Alaska not within any
known geological structure of a producing oil or
gas field and the royalty payments from production of oil or gas sold or removed from such
lands shall be identical with those prescribed for
such leases covering similar lands in the States
of the United States, except that leases which
may issue pursuant to applications or offers to
lease such lands, which applications or offers
were filed prior to and were pending on May 3,
1958, shall require the payment of 25 cents per
acre as lease rental for the first year of such
leases; but the aforesaid exception shall not
apply in any way to royalties to be required
under leases which may issue pursuant to offers
or applications filed prior to May 3, 1958.
The Secretary of the Interior shall neither
prescribe nor approve any cooperative or unit
plan of development or operation nor any operating, drilling, or development contract establishing different royalty or rental rates for Alaska lands than for similar lands within the
States of the United States.

§ 262

No claimant for a lease who has been guilty of
any fraud or who had knowledge or reasonable
grounds to know of any fraud, or who has not
acted honestly and in good faith, shall be entitled to any of the benefits of this section.
(Feb. 25, 1920, ch. 85, § 22, 41 Stat. 446; Pub. L.
85–505, § 10, July 3, 1958, 72 Stat. 324.)
AMENDMENTS
1958—Pub. L. 85–505 struck out provisions which related to prospecting permits, provided that the annual
lease rentals and royalty payments shall be identical
with those prescribed for leases covering similar lands
in the States of the United States, permitted a payment of 25 cents per acre as lease rental for the first
year of the lease in those leases issued pursuant to applications or offers filed prior to and pending on May 3,
1958, and prohibited the Secretary from prescribing or
approving any cooperative or unit plan of development
or operation or any operating, drilling, or development
contract establishing different royalty or rental rates
for Alaska lands than for similar lands within the
States of the United States.
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.

SUBCHAPTER VII—SODIUM
§ 261. Prospecting permits; lands included; acreage
The Secretary of the Interior is hereby authorized, under such rules and regulations as he
may prescribe, to grant to any qualified applicant a prospecting permit which shall give the
exclusive right to prospect for chlorides, sulphates, carbonates, borates, silicates, or nitrates of sodium, in lands belonging to the
United States for a period of not exceeding two
years: Provided, That the area to be included in
such a permit shall not exceed two thousand five
hundred and sixty acres of land in reasonably
compact form.
(Feb. 25, 1920, ch. 85, § 23, 41 Stat. 447; Dec. 11,
1928, ch. 19, 45 Stat. 1019.)
AMENDMENTS
1928—Act Dec. 11, 1928, struck out ‘‘and directed’’
after ‘‘authorized’’, ‘‘dissolved in and soluble in water,
and accumulated by concentration, in lands belonging
to the United States for a period not exceeding two
years,’’ after ‘‘nitrates of sodium’’, and last proviso
which read ‘‘Provided further, That the provisions of
this section shall not apply to lands in San Bernardino
County, California.’’

§ 262. Leases to permittees; survey of lands; royalties and annual rentals
Upon showing to the satisfaction of the Secretary of the Interior that valuable deposits of
one of the substances enumerated in section 261
of this title have been discovered by the permittee within the area covered by his permit and
that such land is chiefly valuable therefor, the
permittee shall be entitled to a lease for any or
all of the land embraced in the prospecting permit at a royalty of not less than 2 per centum
of the quantity or gross value of the output of

§ 263

TITLE 30—MINERAL LANDS AND MINING

sodium compounds and other related products at
the point of shipment to market; the lands in
such lease to be taken in compact form by legal
subdivisions of the public land surveys or, if the
land be not surveyed, by survey executed at the
cost of the permittee in accordance with regulations prescribed by the Secretary of the Interior. Lands known to contain valuable deposits
of one of the substances enumerated in section
261 of this title and not covered by permits or
leases shall be subject to lease by the Secretary
of the Interior through advertisement, competitive bidding, or such other methods as he may
by general regulations adopt and in such areas
as he shall fix, not exceeding two thousand five
hundred and sixty acres. All leases under this
section shall be conditioned upon the payment
by the lessee of such royalty as may be fixed in
the lease, not less than 2 per centum of the
quantity or gross value of the output of sodium
compounds and other related products at the
point of shipment to market, and the payment
in advance of a rental of 25 cents per acre for the
first calendar year or fraction thereof, 50 cents
per acre for the second, third, fourth, and fifth
calendar years respectively; and $1 per acre per
annum thereafter during the continuance of the
lease, such rental for any one year to be credited
against royalties accruing for that year. Leases
under this section shall be for a period of twenty
years, with preferential right in the lessee to
renew for successive periods of ten years upon
such reasonable terms and conditions as may be
prescribed by the Secretary of the Interior unless otherwise provided by law at the expiration
of such period: Provided, That nothing in this
chapter shall prohibit the mining and sale of sodium compounds under potassium leases issued
pursuant to subchapter VII [§ 141 et seq.] of chapter 3 of this title and subchapter IX of this chapter, nor the mining and sale of potassium compounds as a byproduct from sodium leases taken
under this section: Provided further, That on application by any lessee the Secretary of the Interior is authorized to modify the rental and
royalty provisions stipulated in any existing sodium lease to conform to the provisions of this
section.
(Feb. 25, 1920, ch. 85, § 24, 41 Stat. 447; Dec. 11,
1928, ch. 19, 45 Stat. 1019.)
REFERENCES IN TEXT
Subchapter VII [§ 141 et seq.] of chapter 3 of this title,
referred to in text, was repealed by act Feb. 7, 1927, ch.
66, § 6, 44 Stat. 1058.
Subchapter IX of this chapter, referred to in text, was
in the original ‘‘act February 7, 1927 (Forty-fourth
Statutes at Large, page 1057)’’ meaning act Feb. 7, 1927,
ch. 66, 44 Stat. 1057, as amended, which enacted subchapter IX (§ 281 et seq.) of this chapter, amended sections 181 and 193 of this title, and repealed subchapter
VII (§ 141 et seq.) of chapter 3 of this title. For complete
classification of this Act to the Code, see Tables.
AMENDMENTS
1928—Act Dec. 11, 1928, amended section generally.
SODA ASH ROYALTY REDUCTION
Pub. L. 109–338, title I, Oct. 12, 2006, 120 Stat. 1786, provided that:
‘‘SEC. 101. SHORT TITLE.
‘‘This title may be cited as the ‘Soda Ash Royalty
Reduction Act of 2006’.

Page 84

‘‘SEC. 102. REDUCTION IN ROYALTY RATE ON SODA
ASH.
‘‘Notwithstanding section 102(a)(9) of the Federal
Land Policy [and] Management Act of 1976 (43 U.S.C.
1701(a)(9)), section 24 of the Mineral Leasing Act (30
U.S.C. 262), and the terms of any lease under that Act
[30 U.S.C. 181 et seq.], the royalty rate on the quantity
or gross value of the output of sodium compounds and
related products at the point of shipment to market
from Federal land in the 5-year period beginning on the
date of enactment of this Act [Oct. 12, 2006] shall be 2
percent.
‘‘SEC. 103. STUDY.
‘‘After the end of the 4-year period beginning on the
date of enactment of this Act [Oct. 12, 2006], and before
the end of the 5-year period beginning on that date, the
Secretary of the Interior shall report to Congress on
the effects of the royalty reduction under this title, including—
‘‘(1) the amount of sodium compounds and related
products at the point of shipment to market from
Federal land during that 4-year period;
‘‘(2) the number of jobs that have been created or
maintained during the royalty reduction period;
‘‘(3) the total amount of royalty paid to the United
States on the quantity or gross value of the output of
sodium compounds and related products at the point
of shipment to market produced during that 4-year
period, and the portion of such royalty paid to
States; and
‘‘(4) a recommendation of whether the reduced royalty rate should apply after the end of the 5-year period beginning on the date of enactment of this Act.’’

§ 263. Permits to use or lease of nonmineral lands
for camp sites, and other purposes; annual
rentals; acreage
In addition to areas of such mineral land
which may be included in any such prospecting
permits or leases, the Secretary of the Interior,
in his discretion, may grant to a permittee or
lessee of lands containing sodium deposits, and
subject to the payment of an annual rental of
not less than 25 cents per acre, the exclusive
right to use, during the life of the permit or
lease, a tract of unoccupied nonmineral public
land, not exceeding forty acres in area, for camp
sites, refining works, and other purposes connected with and necessary to the proper development and use of the deposits covered by the permit or lease.
(Feb. 25, 1920, ch. 85, § 25, 41 Stat. 447.)
SUBCHAPTER VIII—SULPHUR
§ 271. Prospecting permits; lands included; acreage
The Secretary of the Interior is hereby authorized and directed, under such rules and regulations as he may prescribe, to grant to any
qualified applicant a prospecting permit which
shall give the exclusive right to prospect for sulphur in lands belonging to the United States located in the States of Louisiana and New Mexico
for a period of not exceeding two years: Provided,
That the area to be included in such a permit
shall be not exceeding six hundred and forty
acres of land in reasonably compact form.
(Apr. 17, 1926, ch. 158, § 1, 44 Stat. 301; July 16,
1932, ch. 498, 47 Stat. 701.)
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.

Page 85

TITLE 30—MINERAL LANDS AND MINING
AMENDMENTS

1932—Act July 16, 1932, substituted ‘‘States of Louisiana and New Mexico’’ for ‘‘State of Louisiana’’.

§ 272. Leases to permittees; privileges extended
to oil and gas permittees
Upon showing to the satisfaction of the Secretary of the Interior that valuable deposits of
sulphur have been discovered by the permittee
within the area covered by his permit, and that
the land is chiefly valuable therefor, the permittee shall be entitled to a lease for any or all of
the land embraced in the prospecting permit, at
a royalty of 5 per centum of the quantity or
gross value of the output of sulphur at the point
of shipment to market, such lease to be taken in
compact form by legal subdivisions of the public-land surveys; or if the land be not surveyed,
by survey executed at the cost of the permittee
in accordance with regulations prescribed by the
Secretary of the Interior: Provided, That where
any person having been granted an oil and gas
permit makes a discovery of sulphur in lands
covered by said permit, he shall have the same
privilege of leasing not to exceed six hundred
and forty acres of said land under the same
terms and conditions as are given a sulphur permittee under the provisions of this section.
(Apr. 17, 1926, ch. 158, § 2, 44 Stat. 301.)

§ 281

§ 275. Laws applicable
The general provisions of sections 181 to 184,
185 to 188, 189 to 192, 193, and 194 1 of this title,
are made applicable to permits and leases under
this subchapter, sections 181 and 193 of this title
being amended to include deposits of sulphur,
and section 184 of this title being amended so as
to prohibit any person, association, or corporation from taking or holding more than three sulphur permits or leases in any one State during
the life of such permits or leases.
(Apr. 17, 1926, ch. 158, § 5, 44 Stat. 302.)
REFERENCES IN TEXT
Section 194 of this title, referred to in text, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 644.
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.

§ 276. Application of subchapter to Louisiana and
New Mexico only
The provisions of this subchapter shall apply
only to the States of Louisiana and New Mexico.
(Apr. 17, 1926, ch. 158, § 6, 44 Stat. 302; July 16,
1932, ch. 498, 47 Stat. 701.)

CODIFICATION

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.

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.

§ 273. Lease of lands not covered by permits or
leases; acreage; rental
Lands known to contain valuable deposits of
sulphur and not covered by permits or leases
shall be held subject to lease by the Secretary of
the Interior through advertisement, competitive
bidding, or such other methods as he may by
general regulations adopt and in such areas as
he shall fix, not exceeding six hundred and forty
acres; all leases to be conditioned upon the payment by the lessee of such royalty as may be
fixed in the lease and the payment in advance of
a rental of 50 cents per acre per annum, the rental paid for any one year to be credited against
the royalties accruing for that year.
(Apr. 17, 1926, ch. 158, § 3, 44 Stat. 301.)
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.

§ 274. Lands containing coal or other minerals
Prospecting permits or leases may be issued in
the discretion of the Secretary of the Interior
under the provisions of this subchapter for deposits of sulphur in public lands also containing
coal or other minerals on condition that such
other deposits be reserved to the United States
for disposal under applicable laws.
(Apr. 17, 1926, ch. 158, § 4, 44 Stat. 302.)
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.

AMENDMENTS
1932—Act July 16, 1932, substituted ‘‘States of Louisiana and New Mexico’’ for ‘‘State of Louisiana’’.

SUBCHAPTER IX—POTASH
§ 281. Prospecting permits for chlorides, sulphates, carbonates, borates, silicates, or nitrates of potassium; authorization; acreage;
lands affected
The Secretary of the Interior is hereby authorized, under such rules and regulations as he
may prescribe, to grant to any qualified applicant a prospecting permit which shall give the
exclusive right to prospect for chlorides, sulphates, carbonates, borates, silicates, or nitrates of potassium in lands belonging to the
United States for a period of not exceeding two
years: Provided, That the area to be included in
such a permit shall not exceed two thousand five
hundred and sixty acres of land in reasonably
compact form: Provided further, That the prospecting provisions of this subchapter shall not
apply to lands and deposits in or adjacent to
Searles Lake, California, which lands may be
leased by the Secretary of the Interior under the
terms and provisions of this subchapter.
(Feb. 7, 1927, ch. 66, § 1, 44 Stat. 1057.)
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original ‘‘this Act’’, meaning act Feb. 7, 1927, ch. 66, 44 Stat.
1057, as amended, which enacted this subchapter,
amended sections 181 and 193 of this title, and repealed
1 See

References in Text note below.

§ 282

TITLE 30—MINERAL LANDS AND MINING

subchapter VII (§ 141 et seq.) of chapter 3 of this title.
For complete classification of this Act to the Code, see
Tables.
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.

§ 282. Leases to permittees of lands showing valuable deposits; royalty
Upon showing to the satisfaction of the Secretary of the Interior that valuable deposits of
one of the substances enumerated in this subchapter has been discovered by the permittee
within the area covered by his permit, and that
such land is chiefly valuable therefor, the permittee shall be entitled to a lease for any or all
of the land embraced in the prospecting permit,
at a royalty of not less than 2 per centum of the
quantity or gross value of the output of potassium compounds and other related products, except sodium, at the point of shipment to market, such lease to be taken in compact form by
legal subdivisions of the public land surveys, or
if the land be not surveyed, by survey executed
at the cost of the permittee in accordance with
regulations prescribed by the Secretary of the
Interior.
(Feb. 7, 1927, ch. 66, § 2, 44 Stat. 1057.)
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.

Page 86

rior unless otherwise provided by law at the expiration of such periods. Leases shall be conditioned upon a minimum annual production or
the payment of a minimum royalty in lieu
thereof, except when production is interrupted
by strikes, the elements, or casualties not attributable to the lessee. The Secretary of the Interior may permit suspension of operations
under any such leases when marketing conditions are such that the leases cannot be operated except at a loss. The Secretary upon application by the lessee prior to the expiration of
any existing lease in good standing shall amend
such lease to provide for the same tenure and to
contain the same conditions, including adjustment at the end of each twenty-year period succeeding the date of said lease, as provided for in
this subchapter. In the discretion of the Secretary of the Interior the area involved in any
lease resulting from a prospecting permit may
be exempt from any rental in excess of 25 cents
per acre for twenty years succeeding its issue,
and the production of potassium compounds
under such a lease may be exempt from any royalty in excess of the minimum prescribed in this
subchapter for the same period.
(Feb. 7, 1927, ch. 66, § 3, 44 Stat. 1057; June 3, 1948,
ch. 379, § 9, 62 Stat. 292.)
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.
AMENDMENTS

§ 283. Lands containing valuable deposits not
covered by permits or leases; authority to
lease; acreage; conditions; renewals; exemptions from rentals and royalties; suspension
of operations

1948—Act June 3, 1948, increased renewal term from
ten to twenty years, provided for reasonable adjustment of terms, provided minimum conditions, and permitted suspension of operations under certain conditions.

Lands known to contain valuable deposits
enumerated in this subchapter and not covered
by permits or leases shall be held subject to
lease by the Secretary of the Interior through
advertisement, competitive bidding, or such
other methods as he may by general regulations
adopt, and in such areas as he shall fix, not exceeding two thousand five hundred and sixty
acres; all leases to be conditioned upon the payment by the lessee of such royalty as may be
fixed in the lease, not less than 2 per centum of
the quantity or gross value of the output of potassium compounds and other related products,
except sodium, at the point of shipment to market, and the payment in advance of a rental of
25 cents per acre for the first calendar year or
fraction thereof; 50 cents per acre for the second,
third, fourth, and fifth years, respectively; and
$1 per acre per annum thereafter during the continuance of the lease, such rental for any year
being credited against royalties accruing for
that year. Any lease issued under this subchapter shall be for a term of twenty years and
so long thereafter as the lessee complies with
the terms and conditions of the lease and upon
the further condition that at the end of each
twenty-year period succeeding the date of the
lease such reasonable adjustment of the terms
and conditions thereof may be made therein as
may be prescribed by the Secretary of the Inte-

§ 284. Lands containing coal or other minerals in
addition to potassium deposits; issuance of
prospecting permits and leases; covenants in
potassium leases
Prospecting permits or leases may be issued
under the provisions of this subchapter for deposits of potassium in public lands, also containing deposits of coal or other minerals, on condition that such other deposits be reserved to the
United States for disposal under appropriate
laws: Provided, That if the interests of the Government and of the lessee will be subserved
thereby, potassium leases may include covenants providing for the development by the lessee of chlorides, sulphates, carbonates, borates,
silicates, or nitrates of sodium, magnesium, aluminum, or calcium, associated with the potassium deposits leased, on terms and conditions
not inconsistent with the sodium provisions of
subchapter VII of this chapter: Provided further,
That where valuable deposits of mineral now
subject to disposition under the general mining
laws are found in fissure veins on any of the
lands subject to permit or lease under this subchapter, the valuable minerals so found shall
continue subject to disposition under the said
general mining laws notwithstanding the presence of potash therein.
(Feb. 7, 1927, ch. 66, § 4, 44 Stat. 1058.)

Page 87

TITLE 30—MINERAL LANDS AND MINING

§ 292

REFERENCES IN TEXT

CODIFICATION

The sodium provisions of subchapter VII of this chapter, referred to in text, was in the original ‘‘the sodium
provisions of the Act of February 25, 1920 (Forty-first
Statutes at Large, page 437)’’, which means sections 23
to 25 of act Feb. 25, 1920, ch. 85, 41 Stat. 447, which are
classified to subchapter VII (§ 261 et seq.) of this chapter.

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.

Section is composed of the second sentence of section
6 of act Feb. 7, 1927, as added by act June 1, 1948. The
first sentence of section 6 repealed former sections 141
to 152 of this title and did not affect pending applications for permits or leases filed prior to Jan. 1, 1926, or
valid claims existent on Feb. 7, 1927, and thereafter
maintained in compliance with the laws under which
initiated, which claims could be perfected under such
laws, including discovery.
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.

§ 285. Laws applicable

§ 287. Extension of prospecting permits

The general provisions of sections 182 to 184,
185 to 188, 189 to 192, 193, and 194 1 of this title,
are made applicable to permits and leases under
this subchapter.

Any prospecting permit issued under this subchapter may be extended by the Secretary of the
Interior for a period not exceeding two years,
upon a showing of satisfactory cause.

(Feb. 7, 1927, ch. 66, § 5, 44 Stat. 1058; Aug. 8, 1946,
ch. 916, § 11, 60 Stat. 957.)

(Feb. 7, 1927, ch. 66, § 7, as added May 7, 1932, ch.
174, 47 Stat. 151.)

CODIFICATION

REFERENCES IN TEXT

CODIFICATION

Section 194 of this title, referred to in text, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 644.

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.

CODIFICATION
Provision of this section that section 193 of this title
was amended to include deposits of potassium was
omitted from this section as executed to section 193 of
this title.
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.

CHAPTER 4—LEASE OF GOLD, SILVER, OR
QUICKSILVER
DEPOSITS
WHEN
TITLE
CONFIRMED BY COURT OF PRIVATE LAND
CLAIMS
Sec.

291.

AMENDMENTS
1946—Act Aug. 8, 1946, struck out reference to section
181 of this title.
SAVINGS PROVISION
See note set out under section 181 of this title.

§ 286. Disposition of royalties and rents from potassium leases
All money received from royalties and rentals
from any lease issued or renewed under the provisions of subchapter VII of chapter 3 of this
title, shall be paid into, reserved, and appropriated as follows: 521⁄2 per centum to the Reclamation Fund, 10 per centum to the Treasury of
the United States as miscellaneous receipts, and
371⁄2 per centum shall be paid by the Secretary of
the Treasury, after the expiration of each fiscal
year, to the State within the boundaries of
which the leased lands or deposits are or were
located, such money to be used by such State or
subdivision thereof for the construction and
maintenance of public roads or for the support
of schools or other public educational institutions, as the legislature of the State may direct.
(Feb. 7, 1927, ch. 66, § 6, 44 Stat. 1058; June 1, 1948,
ch. 356, 62 Stat. 279.)
REFERENCES IN TEXT
Subchapter VII of chapter 3, referred to in text, was
in the original ‘‘the Act entitled ‘An Act to authorize
exploration for and disposition of potassium’ approved
October 2, 1917’’, meaning act Oct. 2, 1917, ch. 62, 40
Stat. 297, which was classified to subchapter VII (§ 141
et seq.) of chapter 3 of this title and which was repealed
by act Feb. 7, 1927, ch. 66, § 6, 44 Stat. 1058.
1 See

References in Text note below.

292.
293.

Lease of gold, silver, or quicksilver deposits
on lands title to which confirmed by Court
of Private Land Claims.
Royalties and rentals; disposition.
Duties of Secretary of the Interior.

§ 291. Lease of gold, silver, or quicksilver deposits on lands title to which confirmed by
Court of Private Land Claims
All gold, silver, or quicksilver deposits, or
mines or minerals of the same on lands embraced within any land claim confirmed or hereafter confirmed by decree of the Court of Private Land Claims, and which did not convey the
mineral rights to the grantee by the terms of
the grant, and to which such grantee has not become otherwise entitled in law or in equity, may
be leased by the Secretary of the Interior to the
grantee, or to those claiming through or under
him, for a period of twenty years, with the preferential right in the lessee to renew the same
for successive periods of ten years, upon such
reasonable terms and conditions as may be prescribed by the Secretary of the Interior, unless
otherwise provided by law at the time of the expiration of such periods.
(June 8, 1926, ch. 503, § 1, 44 Stat. 710.)
§ 292. Royalties and rentals; disposition
For the privilege of mining or extracting the
gold, silver, or quicksilver deposits in the land
covered by such lease, the lessee shall pay to the
United States a royalty, which shall not be less
than 5 per centum nor more than 121⁄2 per centum of the net value of the output of the gold,
silver, or quicksilver at the mine, due and payable at the end of each month succeeding that of
the extraction of the minerals from the mine.
All moneys received from royalties and rentals

§ 293

TITLE 30—MINERAL LANDS AND MINING

under the provisions of this chapter shall be deposited in the Treasury of the United States,
and disposed of in the same manner as rentals
and royalties under the provisions of section 191
of this title.
(June 8, 1926, ch. 503, § 2, 44 Stat. 710.)
§ 293. Duties of Secretary of the Interior
The Secretary of the Interior is hereby authorized to perform any and all acts and to
make such rules and regulations as may be necessary and proper for the purpose of carrying
this chapter into full force and effect.
(June 8, 1926, ch. 503, § 3, 44 Stat. 710.)
CHAPTER 5—LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND
OTHER RIGHTS-OF-WAY
Sec.

301.
302.
303.
304.
305.
306.

Authorization for lease of oil and gas deposits; by and to whom leased.
Assignment of lease; subletting.
Conditions precedent to award of lease; preferred class; bidding.
Provisions authorized in lease.
Royalties under lease.
Rules and regulations.

§ 301. Authorization for lease of oil and gas deposits; by and to whom leased

Page 88

same time to submit its bid or offer as to the
amount or percentage of royalty it will agree to
pay, if a lease for the extraction of the oil and
gas deposits under the right of way be awarded
to the holder of such right of way. In case of
competing offers by the said parties in interest,
the Secretary shall award the right to extract
the oil and gas to the bidder, duly qualified,
making the offer in his opinion most advantageous to the United States. In case but one bid
or offer is received after notice duly given, he
may, in his discretion, award the right to extract the oil and gas to such bidder.
(May 21, 1930, ch. 307, § 3, 46 Stat. 374.)
§ 304. Provisions authorized in lease
Any lease granted by the Secretary of the Interior pursuant to this chapter may, in the discretion of said Secretary, contain a provision
giving the lessee the right, with the approval of
said Secretary, to shut down the operation of
any well or wells the operation of which has become unprofitable, to resume operations when
such resumption may result in profit, and to
abandon any well or wells that cease to produce
oil and/or gas in paying quantities.
(May 21, 1930, ch. 307, § 4, 46 Stat. 374.)
§ 305. Royalties under lease

Whenever the Secretary of the Interior shall
deem it to be consistent with the public interest
he is authorized to lease deposits of oil and gas
in or under lands embraced in railroad or other
rights of way acquired under any law of the
United States, whether the same be a base fee or
mere easement: Provided, That, except as hereinafter authorized, no lease shall be executed hereunder except to the municipality, corporation,
firm, association, or individual by whom such
right of way was acquired, or to the lawful successor, assignee, or transferee of such municipality, corporation, firm, association, or individual.

The royalty to be paid to the United States
under any lease to be issued, or agreement made
pursuant to this chapter, shall be determined by
the Secretary of the Interior, in no case to be
less than 121⁄2 per centum in amount or value of
the production, nor for more than twenty years:
Provided, That when the oil or gas is produced
from land adjacent to the right of way the
amount or value of the royalty to be paid to the
United States shall be within the discretion of
the Secretary of the Interior: Provided further,
That when the daily average production of any
oil well does not exceed ten barrels per day said
Secretary may, in his discretion, reduce the royalty on subsequent production.

(May 21, 1930, ch. 307, § 1, 46 Stat. 373.)

(May 21, 1930, ch. 307, § 5, 46 Stat. 374.)

§ 302. Assignment of lease; subletting

§ 306. Rules and regulations

The right conferred by this chapter may, subject to the approval of the Secretary of the Interior, be assigned or sublet by the owner thereof
to any corporation, firm, association, or individual.

The Secretary of the Interior is authorized and
directed to adopt rules and regulations governing the exercise of the discretion and authority
conferred by this chapter, which rules and regulations shall constitute a part of any application
or lease hereunder.

(May 21, 1930, ch. 307, § 2, 46 Stat. 373.)
§ 303. Conditions precedent to award of lease;
preferred class; bidding
Prior to the award of any lease under section
301 of this title, the Secretary of the Interior
shall notify the owner or lessee of adjoining
lands and allow him a reasonable time, to be
fixed in the notice given, within which to submit an offer or bid of the amount or percentage
of compensatory royalty that such owner will
agree to pay for the extraction through wells on
his or its adjoining land, of the oil or gas under
and from such adjoining right of way, and at the
same time afford the holder of the railroad or
other right of way a like opportunity within the

(May 21, 1930, ch. 307, § 6, 46 Stat. 374.)
CHAPTER 6—SYNTHETIC LIQUID FUEL
DEMONSTRATION PLANTS
§§ 321 to 325. Omitted
CODIFICATION
Section 321, acts Apr. 5, 1944, ch. 172, § 1, 58 Stat. 190;
Mar. 15, 1948, ch. 117, 62 Stat. 79; Sept. 22, 1950, ch. 988,
§ 1, 64 Stat. 905, authorized the Secretary of the Interior
for not more than eleven years to construct, maintain,
and operate plants producing synthetic liquid fuel from
coal, oil shale, agricultural and forestry products and
prescribed the size of the plants and amount of production.
Section 322, act Apr. 5, 1944, ch. 172, § 2, 58 Stat. 190,
in order to carry out the 11 year demonstration plant

Page 89

TITLE 30—MINERAL LANDS AND MINING

program, authorized laboratory research and development, acquisition by purchase of license of secret processes, inventions, etc., acquisition of land, plants, etc.,
contracting for personnel, and cooperation with other
Federal and State agencies. See note for section 321
above.
Section 323, acts Apr. 5, 1944, ch. 172, § 3, 58 Stat. 191;
Oct. 31, 1951, ch. 654, § 4(2), 65 Stat. 709, related to licenses and patent rights under the 11 year demonstration plant program. See note for section 321 above.
Section 324, act Apr. 5, 1944, ch. 172, § 4, 58 Stat. 191,
provided that moneys received under this chapter for
products and royalties from the 11 year demonstration
plant program be paid into the Treasury as miscellaneous receipts and a report to Congress on all operations
under this chapter be rendered by the Secretary on or
before the first day of January of each year. See note
for section 321 above.
Section 325, act Apr. 5, 1944, ch. 172, § 5, 58 Stat. 191,
authorized the Secretary to issue rules and regulations
to carry out the 11 year demonstration plant program
under this chapter and provided that the authority and
duties of the Secretary be exercised through the Bureau of Mines. See note for section 321 above.
AUTHORIZATION OF APPROPRIATIONS
Section 6 of act Apr. 5, 1944, as amended by acts Mar.
15, 1948, and Sept. 22, 1950, § 1, authorized appropriations
of not to exceed $87,600,000 to carry out the provisions
of this chapter.
MORGANTOWN, W. VA., EXPERIMENT STATION
Section 2 of act Sept. 22, 1950, provided that out of the
$87,600,000 authorized to carry out this chapter, not to
exceed $2,600,000 be used for the construction and equipment of an experiment station in or near Morgantown,
West Virginia, for research in mining, preparation, and
utilization of coal, petroleum, natural gas, peat, and
other minerals.

CHAPTER 7—LEASE OF MINERAL DEPOSITS
WITHIN ACQUIRED LANDS
Sec.

351.
352.
353.

354.
355.
356.

357.
358.
359.
360.

Definitions.
Deposits subject to lease; consent of department heads; lands excluded.
Sale of lands unaffected; reservation of mineral rights; sale subject to prior lease; naval
petroleum reserves unaffected.
Lease of partial or future interests in deposits.
Disposition of receipts.
Furnishing description of lands and title documents; recordation of documents; authenticated copies.
State or local government rights; taxation.
Rights under prior leases; priority of pending
applications; exchange of leases.
Rules and regulations.
Authority to manage certain mineral leases.

§ 351. Definitions
As used in this chapter ‘‘United States’’ includes Alaska. ‘‘Acquired lands’’ or ‘‘lands acquired by the United States’’ include all lands
heretofore or hereafter acquired by the United
States to which the ‘‘mineral leasing laws’’ have
not been extended, including such lands acquired under the provisions of the Act of March
1, 1911 (36 Stat. 961, 16 U.S.C., sec. 552). ‘‘Secretary’’ means the Secretary of the Interior,
‘‘Mineral leasing laws’’ shall mean the Act of
October 20, 1914 (38 Stat. 741, 48 U.S.C., sec. 432);
the Act of February 25, 1920 (41 Stat. 437, 30
U.S.C., sec. 181); the Act of April 17, 1926 (44
Stat. 301, 30 U.S.C., sec. 271); the Act of February

§ 352

7, 1927 (44 Stat. 1057, 30 U.S.C., sec. 281), and all
Acts heretofore or hereafter enacted which are
amendatory of or supplementary to any of the
foregoing Acts. ‘‘Lease’’ includes ‘‘prospecting
permit’’ unless the context otherwise requires.
The term ‘‘oil’’ shall embrace all nongaseous hydrocarbon substances other than those leasable
as coal, oil shale, or gilsonite (including all
vein-type solid hydrocarbons).
(Aug. 7, 1947, ch. 513, § 2, 61 Stat. 913; Pub. L.
97–78, § 1(9)(a), Nov. 16, 1981, 95 Stat. 1072.)
REFERENCES IN TEXT
Act of March 1, 1911, referred to in text, is act Mar.
1, 1911, ch. 186, 36 Stat. 961, as amended, known as the
Weeks Law, which is classified to sections 480, 500, 513
to 519, 521, 552, and 563 of Title 16, Conservation. For
complete classification of this Act to the Code, see
Short Title note set out under section 552 of Title 16
and Tables.
Act of October 20, 1914, referred to in text, is act Oct.
20, 1914, ch. 330, 38 Stat. 741, known as the Alaska Coal
Lands Act, which was repealed by Pub. L. 86–252, § 1,
Sept. 9, 1959, 73 Stat. 490. The subject matter of this Act
is generally covered by subchapters I to VII (§ 181 et
seq.) of chapter 3A of this title. For complete classification of this Act to the Code prior to repeal, see Tables.
Act of February 25, 1920, referred to in text, is act
Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as
the Mineral Leasing Act, which is classified generally
to chapter 3A (§ 181 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 181 of this title and Tables.
Act of April 17, 1926, referred to in text, is act Apr. 17,
1926, ch. 158, 44 Stat. 301, as amended, which is classified
generally to subchapter VIII (§ 271 et seq.) of chapter 3A
of this title. For complete classification of this Act to
the Code, see Tables.
Act of February 7, 1927, referred to in text, is act Feb.
7, 1927, ch. 66, 44 Stat. 1057, as amended, which enacted
subchapter IX (§ 281 et seq.) of chapter 3A of this title,
amended sections 181 and 193 of this title, and repealed
subchapter VII (§ 141 et seq.) of chapter 3 of this title.
For complete classification of this Act to the Code, see
Tables.
AMENDMENTS
1981—Pub. L. 97–78 inserted definition of ‘‘oil’’.
SHORT TITLE
Section 1 of act Aug. 7, 1947, provided: ‘‘That this Act
[enacting this chapter] may be cited as the ‘Mineral
Leasing Act for Acquired Lands’.’’
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.
OUTER CONTINENTAL SHELF LANDS; DEFINITION
Definition of ‘‘outer Continental Shelf’’ with respect
to jurisdiction of United States, and mineral leases on
submerged lands of such shelf, see section 1331 et seq.
of Title 43, Public Lands.

§ 352. Deposits subject to lease; consent of department heads; lands excluded
Except where lands have been acquired by the
United States for the development of the mineral deposits, by foreclosure or otherwise for resale, or reported as surplus pursuant to the provisions of the Surplus Property Act of October 3,

§ 353

TITLE 30—MINERAL LANDS AND MINING

1944 (50 U.S.C., sec. 1611 and the following), all
deposits of coal, phosphate, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons),
gas, sodium, potassium, and sulfur which are
owned or may hereafter be acquired by the
United States and which are within the lands acquired by the United States (exclusive of such
deposits in such acquired lands as are (a) situated within incorporated cities, towns and villages, national parks or monuments, or (b) tidelands or submerged lands) may be leased by the
Secretary under the same conditions as contained in the leasing provisions of the mineral
leasing laws, subject to the provisions hereof.
Coal or lignite under acquired lands set apart
for military or naval purposes may be leased by
the Secretary, with the concurrence of the Secretary of Defense, to a governmental entity (including any corporation primarily acting as an
agency or instrumentality of a State) which produces electrical energy for sale to the public if
such governmental entity is located in the State
in which such lands are located. The provisions
of subchapter VIII of chapter 3A of this title
shall apply to deposits of sulfur covered by this
chapter wherever situated. No mineral deposit
covered by this section shall be leased except
with the consent of the head of the executive department, independent establishment, or instrumentality having jurisdiction over the lands
containing such deposit, or holding a mortgage
or deed of trust secured by such lands which is
unsatisfied of record, and subject to such conditions as that official may prescribe to insure the
adequate utilization of the lands for the primary
purposes for which they have been acquired or
are being administered: Provided, That nothing
in this chapter is intended, or shall be construed, to apply to or in any manner affect any
mineral rights, exploration permits, leases or
conveyances nor minerals that are or may be in
any tidelands; or submerged lands; or in lands
underlying the three mile zone or belt involved
in the case of the United States of America
against the State of California now pending on
application for rehearing in the Supreme Court
of the United States; or in lands underlying such
three mile zone or belt, or the continental shelf,
adjacent or littoral to any part of the land within the jurisdiction of the United States of America.
(Aug. 7, 1947, ch. 513, § 3, 61 Stat. 914; Pub. L.
94–377, § 12, Aug. 4, 1976, 90 Stat. 1090; Pub. L.
97–78, § 1(9)(b), Nov. 16, 1981, 95 Stat. 1072.)
REFERENCES IN TEXT
The Surplus Property Act of October 3, 1944, referred
to in text, is act Oct. 3, 1944, ch. 479, 58 Stat. 765, which
was classified principally to sections 1611 to 1646 of
Title 50, Appendix, War and National Defense, and was
repealed, effective July 1, 1949, with the exception of
sections 1622, 1631, 1637, and 1641 of Title 50, Appendix,
by act June 30, 1949, ch. 288, title VI, § 602(a)(1), 63 Stat.
399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat.
583. Sections 1622 and 1641 were partially repealed by
the 1949 act, and section 1622 is still set out in part in
Title 50, Appendix. Section 1622(g) was repealed and reenacted as sections 47151 to 47153 of Title 49, Transportation, by Pub. L. 103–272, §§ 1(e), 7(b), July 5, 1994, 108
Stat. 1278–1280, 1379. Section 1631 was repealed by act
June 7, 1939, ch. 190, § 6(e), as added by act July 23, 1946,
ch. 590, 60 Stat. 599, and is covered by sections 98 et seq.

Page 90

of Title 50. Section 1637 was repealed by act June 25,
1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948, and is
covered by section 3287 of Title 18, Crimes and Criminal
Procedure. Provisions of section 1641 not repealed by
the 1949 act were repealed by Pub. L. 87–256, § 111(a)(1),
Sept. 21, 1961, 75 Stat. 538, and are covered by chapter
33 (§ 2451 et seq.) of Title 22, Foreign Relations and
Intercourse. The provisions of the Surplus Property
Act of 1944 originally repealed by the 1949 act were covered by provisions of the 1949 act which were classified
to chapter 10 (§ 471 et seq.) of former Title 40, Public
Buildings, Property, and Works, and which were repealed and reenacted by Pub. L. 107–217, §§ 1, 6(b), Aug.
21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title
40, Public Buildings, Property, and Works.
Subchapter VIII (§ 271 et seq.) of chapter 3A of this
title, referred to in text, was in the original a reference
to the provisions of the Act of April 17, 1926 (44 Stat.
301), as heretofore or hereafter amended.
The application for rehearing in the case of the
United States of America against the State of California, referred to in text, was denied on Oct. 13, 1947, by
the Supreme Court of the United States. See 68 S. Ct.
37, 332 U.S. 787, 92 L. Ed. 370.
AMENDMENTS
1981—Pub. L. 97–78 inserted reference to gilsonite (including all vein-type solid hydrocarbons).
1976—Pub. L. 94–377 substituted ‘‘or (b)’’ for ‘‘(b) set
apart for military or naval purposes, or (c)’’ and inserted provision allowing the Secretary, with the concurrence of the Secretary of Defense, to lease coal or
lignite under lands set aside for military purposes to a
governmental entity which produces electrical energy
for sale to the public if such governmental entity is located in the State in which such lands are located.
OUTER CONTINENTAL SHELF; LEASES
Grant by Secretary of the Interior of oil, gas, and
other mineral leases on submerged lands of outer Continental Shelf, see section 1331 et seq. of Title 43, Public
Lands.

§ 353. Sale of lands unaffected; reservation of
mineral rights; sale subject to prior lease;
naval petroleum reserves unaffected
Nothing herein contained shall be deemed or
construed to (a) amend, modify, or change any
existing law authorizing or requiring the sale of
acquired lands, or (b) empower any commission,
bureau, or agency of the Government to make a
reservation of the minerals in the sale of any acquired land: Provided, That any such sale or conveyance of lands shall be made by the agency
having jurisdiction thereof, subject to any lease
theretofore made, covering the mineral deposits
underlying such lands: Provided further, That
nothing in this chapter is intended, or shall be
construed to affect in any manner any provision
of chapter 641 of title 10.
(Aug. 7, 1947, ch. 513, § 4, 61 Stat. 914.)
CODIFICATION
‘‘Chapter 641 of title 10’’ substituted in text for ‘‘the
Act of June 30, 1938 (32 Stat. 1252), amending the Act of
June 4, 1920 (41 Stat. 813)’’, which had been classified to
section 524 of former Title 34, Navy, on authority of act
Aug. 10, 1956, ch. 1041, § 49(b), 70A Stat. 640, the first section of which enacted Title 10, Armed Forces.

§ 354. Lease of partial or future interests in deposits
Where the United States does not own all of
the mineral deposits under any lands sought to
be leased and which are affected by this chapter,

Page 91

TITLE 30—MINERAL LANDS AND MINING

the Secretary is authorized to lease the interest
of the United States in any such mineral deposits when, in the judgment of the Secretary, the
public interest will be best served thereby; subject, however, to the provisions of section 352 of
this title. Where the United States does not own
any interest or owns less than a full interest in
the minerals that may be produced from any
lands sought to be leased, and which are or will
be affected by this chapter and where, under the
provisions of its acquisition, the United States
is to acquire all or any part of such mineral deposits in the future, the Secretary may lease
any interest of the United States then owned or
to be acquired in the future in the same manner
as provided in the preceding sentence.
(Aug. 7, 1947, ch. 513, § 5, 61 Stat. 914.)
§ 355. Disposition of receipts
(a) Subject to the provisions of section 35(b) of
the Mineral Leasing Act (30 U.S.C. 191(b)), all receipts derived from leases issued under the authority of this chapter shall be paid into the
same funds or accounts in the Treasury and
shall be distributed in the same manner as prescribed for other receipts from the lands affected
by the lease, the intention of this provision
being that this chapter shall not affect the distribution of receipts pursuant to legislation applicable to such lands: Provided, however, That
receipts from leases or permits for minerals in
lands set apart for Indian use, including lands
the jurisdiction of which has been transferred to
the Department of the Interior by the Executive
order for Indian use, shall be deposited in a special fund in the Treasury until final disposition
thereof by the Congress. Notwithstanding the
preceding provisions of this section, all receipts
derived from leases on lands acquired for military or naval purposes, except the naval petroleum reserves and national oil shale reserves,
shall be paid into the Treasury of the United
States and disposed of in the same manner as
provided under section 35 of the Act of February
25, 1920 (41 Stat. 450; 30 U.S.C. 191), in the case of
receipts from sales, bonuses, royalties, and rentals of the public lands under that Act [30 U.S.C.
181 et seq.].
(b) Notwithstanding any other provision of
law, any payment to a State under this section
shall be made by the Secretary of the Interior
and shall be made not later than the last business day of the month following the month in
which such moneys or associated reports are received by the Secretary of the Interior, whichever is later. The preceding sentence shall also
apply to any payment to a State derived from a
lease for mineral resources issued by the Secretary of the Interior under section 520 of title
16. The Secretary shall pay interest to a State
on any amount not paid to the State within that
time at the rate prescribed under section 1721 1
of this title from the date payment was required
to be made under this subsection until the date
payment is made.
(Aug. 7, 1947, ch. 513, § 6, 61 Stat. 915; Pub. L.
97–94, § 1, Dec. 17, 1981, 95 Stat. 1205; Pub. L.
102–486, title XXV, § 2506(a), Oct. 24, 1992, 106
1 See

References in Text note below.

§ 356

Stat. 3106; Pub. L. 103–66, title X, § 10202(a), Aug.
10, 1993, 107 Stat. 408; Pub. L. 107–76, title VII,
§ 751(e)(2), Nov. 28, 2001, 115 Stat. 739.)
REFERENCES IN TEXT
The Mineral Leasing Act, referred to in subsec. (a), is
act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which
is classified generally to chapter 3A (§ 181 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 181 of
this title and Tables.
Section 1721 of this title, referred to in subsec. (b),
was in the original ‘‘section 111 of the Federal Oil and
Gas Royalty Management Act of 1982’’, which enacted
section 1721 of this title and amended section 191 of this
title.
AMENDMENTS
2001—Subsec. (b). Pub. L. 107–76 inserted after first
sentence ‘‘The preceding sentence shall also apply to
any payment to a State derived from a lease for mineral resources issued by the Secretary of the Interior
under section 520 of title 16.’’
1993—Subsec. (a). Pub. L. 103–66 substituted ‘‘Subject
to the provisions of section 35(b) of the Mineral Leasing
Act (30 U.S.C. 191(b)), all receipts’’ for ‘‘All receipts’’ in
first sentence.
1992—Pub. L. 102–486 designated existing provisions as
subsec. (a) and added subsec. (b).
1981—Pub. L. 97–94 inserted provision that all receipts
derived from leases on lands acquired for military or
naval purposes, except the naval petroleum reserves
and national shale oil reserves, be paid into the Treasury of the United States and disposed of in the same
manner as provided under section 35 of the Act of February 25, 1920, in the case of receipts from sales, bonuses, royalties, and rentals of the public lands under
that Act.
EFFECTIVE DATE OF 1981 AMENDMENT
Section 2 of Pub. L. 97–94 provided that: ‘‘The amendment made by the first section of this Act [amending
this section] shall take effect with respect to leases entered into after January 1, 1981.’’
OUTER CONTINENTAL SHELF; REVENUES FROM LEASES
Disposition of revenues from leases on submerged
lands of outer Continental Shelf, see sections 1337(g)
and 1338 of Title 43, Public Lands.

§ 356. Furnishing description of lands and title
documents; recordation of documents; authenticated copies
Upon request by the Secretary, the heads of
all executive departments, independent establishments, or instrumentalities having jurisdiction over any of the lands referred to in section
351 of this title shall furnish to the Secretary
the legal description of all of such lands, and all
pertinent abstracts, title papers, and other documents in the possession of such agencies concerning the status of the title of the United
States to the mineral deposits that may be
found in such lands.
Abstracts, title papers, and other documents
furnished to the Secretary under this section
shall be recorded promptly in the Bureau of
Land Management in such form as the Secretary
shall deem adequate for their preservation and
use in the administration of this chapter, whereupon the originals shall be returned promptly to
the agency from which they were received. Duly
authenticated copies of any such abstracts, title
papers, or other documents may, however, be
furnished to the Secretary, in lieu of the originals, in the discretion of the agency concerned.

TITLE 30—MINERAL LANDS AND MINING

§ 357

(Aug. 7, 1947, ch. 513, § 7, 61 Stat. 915.)
TRANSFER OF FUNCTIONS
See note set out under section 1 of this title.

§ 357. State or local government rights; taxation
Nothing contained in this chapter shall be
construed to affect the rights of the State or
other local authorities to exercise any right
which they may have with respect to properties
covered by leases issued under this chapter, including the right to levy and collect taxes upon
improvements, output of mines, or other rights,
property, or assets of any lessee of the United
States.
(Aug. 7, 1947, ch. 513, § 8, 61 Stat. 915.)
§ 358. Rights under prior leases; priority of pending applications; exchange of leases
Nothing in this chapter shall affect any rights
acquired by any lessee of lands subject to this
chapter under the law as it existed prior to August 7, 1947, and such rights shall be governed by
the law in effect at the time of their acquisition;
but any person qualified to hold a lease who, on
August 7, 1947, had pending an application for an
oil and gas lease for any lands subject to this
chapter which on the date the application was
filed was not situated within the known geologic
structure of a producing oil or gas field, shall
have a preference right over others to a lease of
such lands without competitive bidding. Any
person holding a lease on lands subject hereto,
which lease was issued prior to August 7, 1947,
shall be entitled to exchange such lease for a
new lease issued under the provisions of this
chapter, at any time prior to the expiration of
such existing lease.
(Aug. 7, 1947, ch. 513, § 9, 61 Stat. 915.)
OUTER CONTINENTAL SHELF; JURISDICTION OF UNITED
STATES; VALIDATION OF PRIOR LEASES
Jurisdiction of United States over outer Continental
Shelf, grant of leases on submerged lands thereof, and
validation of prior leases, see section 1331 et seq. of
Title 43, Public Lands.

§ 359. Rules and regulations
The Secretary of the Interior is authorized to
prescribe such rules and regulations as are necessary and appropriate to carry out the purposes
of this chapter, which rules and regulations
shall be the same as those prescribed under the
mineral leasing laws to the extent that they are
applicable.
(Aug. 7, 1947, ch. 513, § 10, 61 Stat. 915.)
REFERENCES IN TEXT
For definition of ‘‘mineral leasing laws’’, see section
351 of this title.
TRANSFER OF FUNCTIONS
Functions of Secretary of the Interior to promulgate
regulations under this chapter relating to fostering of
competition for Federal leases, implementation of alternative bidding systems authorized for award of Federal leases, establishment of diligence requirements for
operations conducted on Federal leases, setting of rates
for production of Federal leases, and specifying of procedures, terms, and conditions for acquisition and dis-

Page 92

position 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, § 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.

§ 360. Authority to manage certain mineral leases
Each department, agency and instrumentality
of the United States which administers lands acquired by the United States with one or more
existing mineral lease shall transfer to the Secretary of the Interior the authority to administer such lease and to collect all receipts due
and payable to the United States under the
lease. In the case of lands acquired on or before
October 24, 1992, the authority to administer the
leases and collect receipts shall be transferred
to the Secretary of the Interior as expeditiously
as practicable after October 24, 1992. In the case
of lands acquired after October 24, 1992, such authority shall be vested with the Secretary at the
time of acquisition. The provisions of section 355
of this title shall apply to all receipts derived
from such leases where such receipts are due and
payable to the United States under the lease in
the same manner as such provisions apply to receipts derived from leases issued under the authority of this chapter. For purposes of this section, the term ‘‘existing mineral lease’’ means
any lease in existence at the time land is acquired by the United States. Nothing in this section shall be construed to affect the existing
surface management authority of any Federal
agency.
(Aug. 7, 1947, ch. 513, § 11, as added Pub. L.
102–486, title XXV, § 2506(b), Oct. 24, 1992, 106
Stat. 3106.)
CHAPTER 8—DEVELOPMENT OF LIGNITE
COAL RESOURCES
Sec.

401.
402.

403.
404.

Establishment of research laboratory; duties.
Acquisition of lands and property; utilization
of voluntary services; cooperation with
other Federal, State, and private agencies.
Repealed.
Establishment of an advisory committee;
composition and appointment.

§ 401. Establishment of research laboratory; duties
The Secretary of the Interior, acting through
the United States Bureau of Mines, is authorized
and directed to establish, equip, and maintain a
research laboratory in the lignite-consuming region of North Dakota to conduct researches and
investigations on the mining, preparation, and
utilization of lignite coal and to develop new
scientific, chemical, and technical uses and new
and extended markets and outlets for lignite
coal and its products. Such laboratory shall be
planned as a center for information and assistance in matters pertaining to conserving lignite
coal resources for national defense and security;
to the more efficient mining, preparation, and
utilization of lignite coal; and pertaining to
safety, health, and sanitation in mining operations and other matters relating to problems of
the lignite industry.

Page 93

TITLE 30—MINERAL LANDS AND MINING
TRANSFER OF FUNCTIONS

(Mar. 25, 1948, ch. 146, § 1, 62 Stat. 85.)
TRANSFER OF FUNCTIONS
For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see
note set out under section 1 of this title.
APPROPRIATIONS
Section 5 of act Mar. 25, 1948, provided that: ‘‘In order
to carry out the purposes of this Act [enacting this
chapter] there is hereby authorized to be appropriated,
out of any money in the Treasury not otherwise appropriated, the sum of (a) $750,000 for the erection and
equipment of a building or buildings, including plumbing, lighting, heating, general service, and experimental equipment and apparatus, the necessary roads,
walks, and ground improvement, and land for the site
of the building if no land is donated; and (b) $250,000 annually for the maintenance and operation of the experimental station, including personal services, supplies,
equipment, and expenses of travel and subsistence.’’

§ 402. Acquisition of lands and property; utilization of voluntary services; cooperation with
other Federal, State, and private agencies
For the purpose of this chapter the Secretary,
acting through the United States Bureau of
Mines, is authorized to acquire land and interests therein, and to accept in the name of the
United States donations of any property, real or
personal, and to utilize voluntary or uncompensated services at such laboratory. The Secretary
is authorized and directed to cooperate with
other departments or agencies of the Federal
Government, States, and State agencies and institutions, counties, municipalities, business or
other organizations, corporations, associations,
universities, scientific societies, and individuals, upon such terms and conditions as he may
prescribe.
(Mar. 25, 1948, ch. 146, § 2, 62 Stat. 85.)
TRANSFER OF FUNCTIONS
For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see
note set out under section 1 of this title.

§ 403. Repealed. Pub. L. 93–608, § 1(12), Jan. 2,
1975, 88 Stat. 1969
Section, act Mar. 25, 1948, ch. 146, § 3, 62 Stat. 85, required Secretary of the Interior, acting through Bureau
of Mines, to report to Congress on activities, expenditures, etc., of laboratory.

§ 404. Establishment of an advisory committee;
composition and appointment
The Secretary of the Interior, acting through
the United States Bureau of Mines, may, in his
discretion, create and establish an advisory
committee composed of not more than six members to exercise consultative functions, when required by the Secretary, in connection with the
administration of this chapter. The said committee shall be composed of representatives of
lignite coal-mine owners, of representatives of
lignite coal-mine workers and the public in
equal number. The members of said committee
shall be appointed by the Secretary of the Interior without regard to the civil-service laws.
(Mar. 25, 1948, ch. 146, § 4, 62 Stat. 85.)

§ 411

For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see
note set out under section 1 of this title.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period following Jan. 5, 1973, unless, in the case of a
committee established by the President or an officer of
the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2year period, or in the case of a committee established
by the Congress, its duration is otherwise provided by
law. Advisory committees established after Jan. 5, 1973,
to terminate not later than the expiration of the 2-year
period beginning on the date of their establishment,
unless, in the case of a committee established by the
President or an officer of the Federal Government, such
committee is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of
a committee established by the Congress, its duration
is otherwise provided for by law. See section 14 of Pub.
L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

CHAPTER 9—RARE AND PRECIOUS METALS
EXPERIMENT STATION
Sec.

411.
412.

Establishment and operation of experimental
plant.
Acquisition of lands and interests; acceptance
of money and property; disposition and use
of money.

§ 411. Establishment and operation of experimental plant
The Secretary of the Interior, acting through
the United States Bureau of Mines, is authorized
and directed to establish, equip, and maintain a
research laboratory at Reno, Nevada, for research, investigation, and as a center for information and assistance in matters pertaining to
the mining, preparation, metallurgy, use, and
conservation of the rare and precious metals of
the Sierra Nevada mining region, and pertaining
to other problems affecting the mining industry
of that region.
(June 21, 1950, ch. 338, § 1, 64 Stat. 248; Pub. L.
102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.
APPROPRIATIONS
Section 3 of act June 21, 1950, provided that: ‘‘In order
to carry out the purposes of this Act [enacting this
chapter] there is hereby authorized to be appropriated,
out of any money in the Treasury not otherwise appropriated, the sum of (a) $750,000 for the erection and
equipment of a building or buildings, including plumbing, lighting, heating, ventilation, general service,
experimental equipment and apparatus, the necessary
roads, walks, and ground improvements; and (b) $250,000
annually for the maintenance and operation of the
experiment station, including personal services, supplies, equipment, and expenses of travel and subsistence.’’

§ 412

TITLE 30—MINERAL LANDS AND MINING

§ 412. Acquisition of lands and interests; acceptance of money and property; disposition and
use of money
For the purposes of this chapter the Secretary,
acting through the United States Bureau of
Mines, is authorized to acquire land and interests therein; to receive and accept money and
property, real or personal, or interests therein,
and services as a gift, bequest, or contribution;
and may conduct activities or projects in cooperation with any person, firm, agency, or organization, Federal, State, or private. Money so
received shall be deposited in the Treasury of
the United States in a special fund or funds for
disbursement by the United States Bureau of
Mines and shall remain available for the purposes for which received and accepted until expended.
(June 21, 1950, ch. 338, § 2, 64 Stat. 248; Pub. L.
102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

CHAPTER 10—COAL MINE SAFETY
REPEAL OF CHAPTER
Chapter repealed by Pub. L. 91–173, title V,
§ 509, Dec. 30, 1969, 83 Stat. 803, on the operative
date of sections 811 to 821 and 861 to 878 of this
title, which became operative ninety days after
the enactment of Pub. L. 91–173, approved Dec.
30, 1969, except that this chapter would continue to apply to any order, notice, decision,
finding or any proceedings related to such
order, notice, decision, or finding issued prior to
the operative date of sections 811 to 821 and 861
to 878 of this title.
§§ 451 to 460, 471 to 483. Repealed. Pub. L. 91–173,
title V, § 509, Dec. 30, 1969, 83 Stat. 803
Section 451, act May 7, 1941, ch. 87, title 1, § 101, formerly § 1, 55 Stat. 177; renumbered title I, § 101, July 16,
1952, ch. 877, § 4(4), 66 Stat. 710, authorized Secretary of
the Interior to make annual investigations of coal
mines to obtain information relating to health and
safety conditions.
Section 452, act May 7, 1941, ch. 87, title I, § 102, formerly § 2, 55 Stat. 178; renumbered title I, § 102, and
amended July 16, 1952, ch. 877, § 4(3), (5), (6), 66 Stat. 710,
empowered Secretary of the Interior to make inspections at any time.
Section 453, act May 7, 1941, ch. 87, title I, § 103, formerly § 3, 55 Stat. 178; renumbered title I, § 103, and
amended July 16, 1952, ch. 877, § 4(5), (7), 66 Stat. 710, authorized investigators to enter any mine affecting
interstate commerce.
Section 454, act May 7, 1941, ch. 87, title I, § 104, formerly § 4, 55 Stat. 178; renumbered title I, § 104, and
amended July 16, 1952, ch. 877, § 4(5), (7), (8), 66 Stat. 709,
provided for penalty for refusal to admit investigator.
Section 455, act May 7, 1941, ch. 87, title I, § 105, formerly § 5, 55 Stat. 178; renumbered title I, § 105, and
amended July 16, 1952, ch. 877, §§ 3, 4(5), 66 Stat. 709, 710,
provided for filing of accident information.
Section 456, act May 7, 1941, ch. 87, title I, § 106, formerly § 6, 55 Stat. 178; renumbered title I, § 106, and
amended July 16, 1952, ch. 877, § 4(3), (5), 66 Stat. 710, di-

Page 94

rected Secretary of the Interior to compile and publish
reports and to expend funds for advancement of health
and safety in mines.
Section 457, act May 7, 1941, ch. 87, title I, § 107, formerly § 7, 55 Stat. 179; renumbered title I, § 107, and
amended July 16, 1952, ch. 877, § 4(3), (5), (9), 66 Stat. 710,
provided for administration of provisions of sections 451
to 460 of this title by Bureau of Mines and directed Federal agencies to cooperate with State mine safety agencies.
Section 458, act May 7, 1941, ch. 87, title I, § 108, formerly § 8, 55 Stat. 179; renumbered title I, § 108, and
amended July 16, 1952, ch. 877, § 4(3), (5), 66 Stat. 710, authorized creation of an advisory committee and provided for its functions and composition.
Section 459, act May 7, 1941, ch. 87, title I, § 109, formerly § 9, 55 Stat. 179; renumbered title I, § 109, and
amended Oct. 28, 1949, ch. 782, § 1106(a), 63 Stat. 972; July
16, 1952, ch. 877, § 4(3), (5), 66 Stat. 710, authorized employment of personnel for administration of sections
451 to 460 of this title and set out qualification conditions.
Section 460, act May 7, 1941, ch. 87, title I, § 111, formerly 11, 55 Stat. 179; renumbered title I, § 110, and
amended July 16, 1952, ch. 877, § 4(3), (5), 66 Stat. 710, defined ‘‘Commerce’’ as used in sections 451 to 460 of this
title.
Section 471, act May 7, 1941, ch. 87, title II, § 201, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 692; amended
Mar. 26, 1966, Pub. L. 89–376, § 2(a), 80 Stat. 84, defined
terms as used in sections 471 to 483 of this title.
Section 472, act May 7, 1941, ch. 87, title II, § 202, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 693; amended
Mar. 26, 1966, Pub. L. 89–376, § 3(b), 80 Stat. 87, set out
provisions for annual and special instructions, directed
Federal agencies to coordinate operations with State
mine safety agencies created pursuant to enumerated
conditions and authorized any such State inspector to
enter any mine affecting commerce.
Section 473, act May 7, 1941, ch. 87, title II, § 203, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 694; amended
Mar. 26, 1966, Pub. L. 89–376, § 3(a), 80 Stat. 85, set out
procedures for withdrawal when immediate or nonimmediate dangers were found to exist in mines.
Section 474, act May 7, 1941, ch. 87, title II, § 204, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 696, set out procedures for giving notice of findings and orders.
Section 475, act May 7, 1941, ch. 87, title II, § 205, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 697; amended
Mar. 26, 1966, Pub. L. 89–376, § 3(c), (d), 80 Stat. 87, authorized continuation of Federal Coal Mine Safety
Board of Review and provided for its composition, powers, and procedures.
Section 476, act May 7, 1941, ch. 87, title II, § 206, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 699; amended
Mar. 26, 1966, Pub. L. 89–376, § 3(e), 80 Stat. 88, set out
procedures for Director of Bureau of Mines to review
applications for annulment or revision of orders closing
mines because of immediate and nonimmediate dangers.
Section 477, act May 7, 1941, ch. 87, title II, § 207, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 700; amended
June 11, 1960, Pub. L. 86–507, § 1(22), (23), 74 Stat. 201;
Mar. 26, 1966, Pub. L. 89–376, § 3(f), 80 Stat. 90, set out
procedures for review by Federal Coal Mine Safety
Board of Review of applications for annulment or revision of orders closing mines because of immediate or
nonimmediate dangers.
Section 478, act May 7, 1941, ch. 87, title II, § 208, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 702; amended
June 11, 1960, Pub. L. 86–507, § 1(24), 74 Stat. 201, set out
procedures for judicial review of orders by Federal Coal
Mine Safety Board of Review.
Section 479, act May 7, 1941, ch. 87, title II, § 209, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 703, set out mandatory mine safety provisions respecting roof support,
ventilation, coal dust and rock dust, electrical equipment, fire protection, and other miscellaneous matters.
Section 480, act May 7, 1941, ch. 87, title II, § 210, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 708; amended

Page 95

TITLE 30—MINERAL LANDS AND MINING

Mar. 26, 1966, Pub. L. 89–376, § 4, 80 Stat. 91, set out penalties for violations of provisions of sections 473 or 476
of this title.
Section 481, act May 7, 1941, ch. 87, title II, § 211, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 708, provided for
effect on State laws of provisions of sections 471 to 483
of this title.
Section 482, act May 7, 1941, ch. 87, title II, § 212, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 709; amended
Mar. 26, 1966, Pub. L. 89–376, § 5, 80 Stat. 91, set out procedures for issuance of certificates of equipment conformity, expanded educational programs, directed Federal agencies to coordinate their activities with State
agencies to eliminate duplication of efforts, expenses
and enforcement requirements, and provided that Director annually report on administration of his functions.
Section 483, act May 7, 1941, ch. 87, title II, § 213, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 709, provided
that Administrative Procedure Act was not to be applicable to provisions of sections 471 to 483 of this title.
For subject matter formerly contained in this chapter, see section 801 et seq. of this title.

CHAPTER 11—MINING CLAIMS ON LANDS
SUBJECT TO MINERAL LEASING LAWS
Sec.

501.
502.
503.
504.
505.

Mining claims located between July 31, 1939,
and January 1, 1953.
Reservation of minerals to the United States;
rights of entry, disposition and removal.
Reservations required by law; atomic energy
materials.
Power to make arrangements respecting
atomic energy materials as unaffected.
‘‘Mineral leasing laws’’ defined.

§ 501. Mining claims located between July 31,
1939, and January 1, 1953
(a) Force and effect
Subject to the provisions of this chapter and
to any valid intervening rights acquired under
laws of the United States, any mining claim located under the mining laws of the United
States subsequent to July 31, 1939, and prior to
January 1, 1953, on lands of the United States
which were, at the time of such location—
(1) included in a permit or lease issued under
the mineral leasing laws; or
(2) covered by an application or offer for a
permit or lease which had been filed under the
mineral leasing laws; or
(3) known to be valuable for minerals subject
to disposition under the mineral leasing laws;
shall be effective to the same extent as if such
mining claim had been located on lands which
were at the time of such location subject to location under the mining laws of the United
States: Provided, however, That in order to obtain the benefits of this chapter, the owner of
any such mining claim shall, not later than one
hundred and twenty days after August 12, 1953,
post on such claim in the manner required for
posting notice of location of mining claims and
file for record in the office where the notice or
certificate of location of such claim is of record
an amended notice of location of such claim,
stating that such notice is filed pursuant to the
provisions of this chapter and for the purpose of
obtaining the benefits thereof.
(b) Labor and improvement
Labor performed or improvements made upon
or for the benefit of such mining claims after

§ 503

the original location thereof shall be recognized
as applicable thereto for all purposes to the
same extent as labor performed and improvements made upon or for the benefit of mining
claims which are not affected by this chapter.
(c) Withdrawal or reservation
Any withdrawal or reservation made after the
original location of such mining claim affecting
land covered by such mining claim is modified
and amended so that the effect thereof upon
such mining claim shall be the same as if such
mining claim had been located upon lands of the
United States, which, subsequent to July 31,
1939, and prior to the date of such withdrawal,
were subject to location under the mining laws
of the United States.
(Aug. 12, 1953, ch. 405, § 1, 67 Stat. 539.)
§ 502. Reservation of minerals to the United
States; rights of entry, disposition and removal
Any mining claim given force and effect as
provided in section 501 of this title shall be subject to the reservation to the United States of
all minerals which, upon August 12, 1953, are
provided in the mineral leasing laws to be disposed of thereunder, and the right of the United
States, its lessees, permittees, and licensees, to
enter upon the land covered by such mining
claim to prospect for, mine, treat, store, and remove such minerals, and to use so much of the
surface and subsurface of such mining claim as
may be necessary for such purposes, and to enter
upon such land whenever reasonably necessary
for the purpose of prospecting for, mining, treating, storing, and removing such minerals on and
from other lands of the United States; and any
patent issued for any such mining claim shall
contain such reservation.
(Aug. 12, 1953, ch. 405, § 2, 67 Stat. 539.)
REFERENCES IN TEXT
For definition of ‘‘mineral leasing laws’’, see section
505 of this title.

§ 503. Reservations required by law; atomic energy materials
The rights under any mining claim given force
and effect by this chapter shall also be subject
to the reservation to the United States specified
in section 5(b)(7) of the Atomic Energy Act of
1946, as amended, and, in addition, any reservation or reservations required by any other provision or provisions of law; and any patent issued
for such mining claim shall contain such reservations.
(Aug. 12, 1953, ch. 405, § 3, 67 Stat. 540.)
REFERENCES IN TEXT
Section 5(b)(7) of the Atomic Energy Act of 1946, as
amended, referred to in text, was formerly classified to
section 1805(b)(7) of Title 42, The Public Health and
Welfare, and prohibited any benefit to a person from
confidential information acquired from participation in
development of atomic energy program respecting deposits of fissionable source materials on public lands.
Such provisions are covered in section 68(a), (b) of the
Atomic Energy Act of 1954, as amended, which is classified to section 2098(a), (b) of Title 42.

§ 504

TITLE 30—MINERAL LANDS AND MINING

§ 504. Power to make arrangements respecting
atomic energy materials as unaffected
Except as this chapter provides for (a) validation of certain mining claims located on lands
described in section 501 of this title, and (b) the
modification and amendment of certain withdrawals or reservations of land, nothing in this
chapter shall affect any power or authority duly
vested in the Atomic Energy Commission or any
other agency, department or officer of the
United States to make leases, withdrawals, reservations or other arrangements with respect to
source materials as defined in section 5(b)(1) of
the Atomic Energy Act of 1946, as amended.
(Aug. 12, 1953, ch. 405, § 4, 67 Stat. 540.)
REFERENCES IN TEXT
Section 5(b)(1) of the Atomic Energy Act of 1946, as
amended, referred to in text, was formerly classified to
section 1805(b)(1) of Title 42, The Public Health and
Welfare, and defined ‘‘source material’’. Such term is
defined in section 11(z) of the Atomic Energy Act of
1954, as amended, which is classified to section 2014(z) of
Title 42.
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions
transferred by sections 5814 and 5841 of Title 42, The
Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.

§ 505. ‘‘Mineral leasing laws’’ defined
As used in this chapter ‘‘mineral leasing laws’’
shall mean the Act of October 20, 1914 (38 Stat.
741); the Act of February 25, 1920 (41 Stat. 437) [30
U.S.C. 181 et seq.]; the Act of April 17, 1926 (44
Stat. 301) [30 U.S.C. 271 et seq.]; the Act of February 7, 1927 (44 Stat. 1057) [30 U.S.C. 281 et seq.]
and all Acts heretofore or hereafter enacted
which are amendatory of or supplementary to
any of the foregoing Acts.
(Aug. 12, 1953, ch. 405, § 5, 67 Stat. 540.)
REFERENCES IN TEXT
Act of October 20, 1914, referred to in text, is act Oct.
20, 1914, ch. 330, 38 Stat. 741, known as the Alaska Coal
Lands Act, which was repealed by Pub. L. 86–252, § 1,
Sept. 9, 1959, 73 Stat. 490. The subject matter of this Act
is generally covered by subchapters I to VII (§ 181 et
seq.) of chapter 3A of this title. For complete classification of this Act to the Code prior to repeal, see Tables.
Act of February 25, 1920, referred to in text, is act
Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as
the Mineral Leasing Act, which is classified generally
to chapter 3A (§ 181 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 181 of this title and Tables.
Act of April 17, 1926, referred to in text, is act Apr. 17,
1926, ch. 158, 44 Stat. 301, as amended, which is classified
generally to subchapter VIII (§ 271 et seq.) of chapter 3A
of this title. For complete classification of this Act to
the Code, see Tables.
Act of February 7, 1927, referred to in text, is act Feb.
7, 1927, ch. 66, 44 Stat. 1057, as amended, which enacted
subchapter IX (§ 281 et seq.) of chapter 3A of this title,
amended sections 181 and 193 of this title, and repealed
subchapter VII (§ 141 et seq.) of chapter 3 of this title.
For complete classification of this Act to the Code, see
Tables.

CHAPTER 12—MULTIPLE MINERAL
DEVELOPMENT OF THE SAME TRACTS
Sec.

521.

Mineral leasing claims.

Page 96

Sec.

522.
523.
524.
525.
526.
527.
528.
529.
530.
531.

Conflicting periods of location of claims.
Uranium leases.
Reservation of minerals to United States.
Future location of claims on mineral lands.
Mining and Leasing Act operations.
Determination of unpatented mining claims.
Waiver and relinquishment of mineral rights.
Helium lands subject to entry.
Definitions.
Approval of United States officials.

§ 521. Mineral leasing claims
(a) Preference categories
Subject to the conditions and provisions of
this chapter and to any valid intervening rights
acquired under the laws of the United States,
any mining claim located under the mining laws
of the United States subsequent to July 31, 1939,
and prior to February 10, 1954, on lands of the
United States, which at the time of location
were—
(1) included in a permit or lease issued under
the mineral leasing laws; or
(2) covered by an application or offer for a
permit or lease which had been filed under the
mineral leasing laws; or
(3) known to be valuable for minerals subject
to disposition under the mineral leasing laws,
shall be effective to the same extent in all respects as if such lands at the time of location,
and at all times thereafter, had not been so included or covered or known: Provided, however,
That, in order to be entitled to the benefits of
this chapter, the owner of any such mining
claim located prior to January 1, 1953, must
have posted and filed for record, within the time
allowed by the provisions of chapter 11 of this
title, an amended notice of location as to such
mining claim, stating that such notice was filed
pursuant to the provisions of said chapter 11 and
for the purpose of obtaining the benefits thereof:
And provided further, That in order to obtain the
benefits of this chapter, the owner of any such
mining claim located subsequent to December
31, 1952, and prior to February 10, 1954, not later
than one hundred and twenty days after August
13, 1954, must post on such claim in the manner
required for posting notice of location of mining
claims and file for record in the office where the
notice or certificate of location of such claim is
of record an amended notice of location for such
claim, stating that such notice is filed pursuant
to the provisions of this chapter and for the purpose of obtaining the benefits thereof and, within said one hundred and twenty day period, if
such owner shall have filed a uranium lease application as to the tract covered by such mining
claim, must file with the Atomic Energy Commission a withdrawal of such uranium lease application or, if a uranium lease shall have issued
pursuant thereto, a release of such lease, and
must record a notice of the filing of such withdrawal or release in the county office wherein
such notice or certificate of location shall have
been filed for record.
(b) Labor and improvements
Labor performed or improvements made after
the original location of and upon or for the benefit of any mining claim which shall be entitled
to the benefits of this chapter under the provi-

Page 97

TITLE 30—MINERAL LANDS AND MINING

sions of subsection (a) of this section, shall be
recognized as applicable to such mining claim
for all purposes to the same extent as if the validity of such mining claim were in no respect
dependent upon the provisions of this chapter.
(c) Withdrawal or reservation of lands
As to any land covered by any mining claim
which is entitled to the benefits of this chapter
under the provisions of subsection (a) of this
section, any withdrawal or reservation of lands
made after the original location of such mining
claim is hereby modified and amended so that
the effect thereof upon such mining claim shall
be the same as if such mining claim had been located upon lands of the United States which,
subsequent to July 31, 1939, and prior to the date
of such withdrawal or reservation, were subject
to location under the mining laws of the United
States.
(Aug. 13, 1954, ch. 730, § 1, 68 Stat. 708.)
SHORT TITLE
Act Aug. 13, 1954, which enacted this chapter, amended section 1805 of Title 42, The Public Health and Welfare, and enacted provisions formerly set out as a note
under section 1805 of Title 42, is popularly known as the
Multiple Mineral Development Act.
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions
transferred by sections 5814 and 5841 of Title 42, The
Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.
SEPARABILITY
Section 13 of act Aug. 13, 1954, provided that: ‘‘If any
provision of this Act [enacting this chapter], or the application of such provision to any person or circumstances, is held unconstitutional, invalid, or unenforcible [sic], the remainder of this Act or the application of
such provision to persons or circumstances other than
those as to which it is held unconstitutional, invalid,
or unenforcible [sic], shall not be affected thereby.’’

§ 522. Conflicting periods of location of claims
(a) If any mining claim which shall have been
located subsequent to December 31, 1952, and
prior to December 11, 1953, and which shall be
entitled to the benefits of this chapter, shall
cover any lands embraced within any mining
claim which shall have been located prior to
January 1, 1953, and which shall be entitled to
the benefits of this chapter, then as to such area
of conflict said mining claim so located subsequent to December 31, 1952, shall be deemed to
have been located December 11, 1953.
(b) If any mining claim hereafter located shall
cover any lands embraced within any mining
claim which shall have been located prior to
February 10, 1954, and which shall be entitled to
the benefits of this chapter, then as to such area
of conflict said mining claim hereafter located
shall be deemed to have been located one hundred and twenty-one days after August 13, 1954.
(Aug. 13, 1954, ch. 730, § 2, 68 Stat. 709.)
§ 523. Uranium leases
(a) Right to locate mining claims
Subject to the conditions and provisions of
this chapter and to any valid prior rights ac-

§ 523

quired under the laws of the United States, the
owner of any pending uranium lease application
or of any uranium lease shall have, for a period
of one hundred and twenty days after August 13,
1954, as limited in subsection (b) of this section,
the right to locate mining claims upon the lands
covered by said application or lease.
(b) Priorities and conflicting rights; termination
of rights
Any rights under any such mining claim so
hereafter located pursuant to the provisions of
subsection (a) of this section shall be subject to
any rights of the owner of any mining claim
which was located prior to February 10, 1954, and
which was valid on August 13, 1954 or which may
acquire validity under the provisions of this
chapter. As to any lands covered by a uranium
lease and also by a pending uranium lease application, the right of mining location under this
section, as between the owner of said lease and
the owner of said application, shall be deemed as
to such conflict area to be vested in the owner
of said lease. As to any lands embraced in more
than one such pending uranium lease application, such right of mining location, as between
the owners of such conflicting applications,
shall be deemed to be vested in the owner of the
prior application. Priority of such an application shall be determined by the time of posting
on a tract then available for such leasing of a
notice of lease application in accordance with
paragraph (c) of the Atomic Energy Commission’s Domestic Uranium Program Circular 7 (10
C.F.R. 60.7 (c)) provided there shall have been
timely compliance with the other provisions of
said paragraph (c) or, if there shall not have
been such timely compliance, then by the time
of the filing of the uranium lease application
with the Atomic Energy Commission. Any
rights under any mining claim located under the
provisions of this section shall terminate at the
expiration of thirty days after the filing for
record of the notice or certificate of location of
such mining claim unless, within said thirty-day
period, the owner of the uranium lease application or uranium lease upon which the location
of such mining claim was predicated shall have
filed with the Atomic Energy Commission a
withdrawal of said application or a release of
said lease and shall have recorded a notice of the
filing of such withdrawal or release in the county office wherein such notice or certificate of location shall be of record.
(c) Future claims on lands covered by application or lease
Except as otherwise provided in subsections
(a) and (b) of this section, no mining claim hereafter located shall be valid as to any lands
which at the time of such location were covered
by a uranium lease application or a uranium
lease. Any tract upon which a notice of lease application has been posted in accordance with
said paragraph (c) of said Circular 7 shall be
deemed to have been included in a uranium lease
application from and after the time of the posting of such notice of lease application: Provided,
That there shall have been timely compliance
with the other provisions of said paragraph (c)
or, if there shall not have been such timely compliance, then from and after the time of the fil-

§ 524

TITLE 30—MINERAL LANDS AND MINING

ing of a uranium lease application with the
Atomic Energy Commission.
(Aug. 13, 1954, ch. 730, § 3, 68 Stat. 709.)
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions
transferred by sections 5814 and 5841 of Title 42, The
Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.

§ 524. Reservation of minerals to United States
Every mining claim or millsite—
(1) heretofore located under the mining laws
of the United States which shall be entitled to
benefits under sections 521 to 523 of this title;
or
(2) located under the mining laws of the
United States after August 13, 1954 shall be
subject, prior to issuance of a patent therefor,
to a reservation to the United States of all
Leasing Act minerals and of the right (as limited in section 526 of this title) of the United
States, its lessees, permittees, and licensees to
enter upon the land covered by such mining
claim or millsite and to prospect for, drill for,
mine, treat, store, transport, and remove
Leasing Act minerals and to use so much of
the surface and subsurface of such mining
claim or millsite as may be necessary for such
purposes, and whenever reasonably necessary,
for the purpose of prospecting for, drilling for,
mining, treating, storing, transporting, and
removing Leasing Act minerals on and from
other lands; and any patent issued for any
such mining claim or millsite shall contain
such reservation as to, but only as to, such
lands covered thereby which at the time of the
issuance of such patent were—
(a) included in a permit or lease issued
under the mineral leasing laws; or
(b) covered by an application or offer for a
permit or lease filed under the mineral leasing laws; or
(c) known to be valuable for minerals subject to disposition under the mineral leasing
laws.
(Aug. 13, 1954, ch. 730, § 4, 68 Stat. 710.)
§ 525. Future location of claims on mineral lands
Subject to the conditions and provisions of
this chapter, mining claims and millsites may
hereafter be located under the mining laws of
the United States on lands of the United States
which at the time of location are—
(a) included in a permit or lease issued under
the mineral leasing laws; or
(b) covered by an application or offer for a
permit or lease filed under the mineral leasing
laws; or
(c) known to be valuable for minerals subject to disposition under the mineral leasing
laws;
to the same extent in all respects as if such
lands were not so included or covered or known.
(Aug. 13, 1954, ch. 730, § 5, 68 Stat. 710.)
§ 526. Mining and Leasing Act operations
(a) Multiple use
Where the same lands are being utilized for
mining operations and Leasing Act operations,

Page 98

each of such operations shall be conducted, so
far as reasonably practicable, in a manner compatible with such multiple use.
(b) Mining operations to avoid damage to mineral deposits and interference with mineral
operations
Any mining operations pursuant to rights
under any unpatented or patented mining claim
or millsite which shall be subject to a reservation to the United States of Leasing Act minerals as provided in this chapter, shall be conducted, so far as reasonably practicable, in a
manner which will avoid damage to any known
deposit of any Leasing Act mineral. Subject to
the provisions of subsection (d) of this section,
mining operations shall be so conducted as not
to endanger or materially interfere with any existing surface or underground improvements,
workings, or facilities which may have been
made for the purpose of Leasing Act operations,
or with the utilization of such improvements,
workings, or facilities.
(c) Leasing Act operations to avoid damage to
mineral deposits and interference with mining operations
Any Leasing Act operations on lands covered
by an unpatented or patented mining claim or
millsite which shall be subject to a reservation
to the United States of Leasing Act minerals as
provided in this chapter shall be conducted, so
far as reasonably practicable, in a manner which
will avoid damage to any known deposit of any
mineral not so reserved from such mining claim
or millsite. Subject to the provisions of subsection (d) of this section, Leasing Act operations shall be so conducted as not to endanger
or materially interfere with any existing surface
or underground improvements, workings, or facilities which may have been made for the purpose of mining operations, or with the utilization of such improvements, workings, or facilities.
(d) Damage or interference permitted by court
If, upon petition of either the mining operator
or the Leasing Act operator, any court of competent jurisdiction shall find that a particular
use in connection with one of such operations
cannot be reasonably and properly conducted
without endangering or materially interfering
with the then existing improvements, workings,
or facilities of the other of such operations or
with the utilization thereof, and shall find that
under the conditions and circumstances, as they
then appear, the injury or damage which would
result from denial of such particular use would
outweigh the injury or damage which would result to such then existing improvements, workings, or facilities or from interference with the
utilization thereof if that particular use were allowed, then and in such event such court may
permit such use upon payment (or upon furnishing of security determined by the court to be
adequate to secure payment) to the party or parties who would be thus injured or damaged, of an
amount to be fixed by the court as constituting
fair compensation for the then reasonably contemplated injury or damage which would result
to such then existing improvements, workings,
or facilities or from interference with the utili-

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TITLE 30—MINERAL LANDS AND MINING

zation thereof by reason of the allowance of
such particular use.
(e) Information regarding operations to be furnished on request
Where the same lands are being utilized for
mining operations and Leasing Act operations,
then upon request of the party conducting either
of said operations, the party conducting the
other of said operations shall furnish to and at
the expense of such requesting party copies of
any information which said other party may
have, as to the situs of any improvements, workings, or facilities theretofore made upon such
lands, and upon like request, shall permit such
requesting party, at the risk of such requesting
party, to have access at reasonable times to any
such improvements, workings, or facilities for
the purpose of surveying and checking or determining the situs thereof. If damage to or material interference with a party’s improvements,
workings, facilities, or with the utilization
thereof shall result from such party’s failure,
after request, to so furnish to the requesting
party such information or from denial of such
access, such failure or denial shall relieve the
requesting party of any liability for the damage
or interference resulting by reason of such failure or denial. Failure of a party to furnish requested information or access shall not impose
upon such party any liability to the requesting
party other than for such costs of court and attorney’s fees as may be allowed to the requesting party in enforcing by court action the obligations of this section as to the furnishing of information and access. The obligation hereunder
of any party to furnish requested information
shall be limited to map and survey information
then available to such party with respect to the
situs of improvements, workings, and facilities
and the furnishing thereof shall not be deemed
to constitute any representation as to the accuracy of such information.
(Aug. 13, 1954, ch. 730, § 6, 68 Stat. 710.)
§ 527. Determination
claims

of

unpatented

mining

(a) Filing of notice
Any applicant, offeror, permittee, or lessee
under the mineral leasing laws may file in the
office of the Secretary of the Interior, or in such
office as the Secretary may designate, a request
for publication of notice of such application,
offer, permit, or lease, provided expressly, that
not less than ninety days prior to the filing of
such request for publication there shall have
been filed for record in the county office of
record for the county in which the lands covered
thereby are situate a notice of the filing of such
application or offer or of the issuance of such
permit or lease which notice shall set forth the
date of such filing or issuance, the name and address of the applicant, offeror, permittee or lessee and the description of the lands covered by
such application, offer, permit or lease, showing
the section or sections of the public land surveys which embrace the lands covered by such
application, offer, permit, or lease, or if such
lands are unsurveyed, either the section or sections which would probably embrace such lands

§ 527

when the public lands surveys are extended to
such lands or a tie by courses and distances to
an approved United States mineral monument.
The filing of such request for publication shall
be accompanied by a certified copy of such recorded notice and an affidavit or affidavits of a
person or persons over twenty-one years of age
setting forth that the affiant or affiants have
examined the lands involved in a reasonable effort to ascertain whether any person or persons
were in actual possession of or engaged in the
working of such lands or any part thereof, and,
if no person or persons were found to be in actual possession of or engaged in the working of
said lands or any part thereof on the date of
such examination, setting forth such fact, or, if
any person or persons were so found to be in actual possession or engaged in such working on
the date of such examination, setting forth the
name and address of each such person, unless affiant shall have been unable through reasonable
inquiry to obtain information as to the name
and address of any such person, in which event
the affidavit shall set forth fully the nature and
results of such inquiry.
The filing of such request for publication shall
also be accompanied by the certificate of a title
or abstract company, or of a title abstractor, or
of an attorney, based upon such company’s, abstractor’s, or attorney’s examination of the instruments affecting the lands involved, of record
in the public records of the county in which said
lands are situate as shown by the indices of the
public records in the county office of record for
said county, setting forth the name of any person disclosed by said instruments to have an interest in said lands under any unpatented mining claim heretofore located, together with the
address of such person if disclosed by such instruments of record.
Thereupon the Secretary of the Interior, or his
designated representative, at the expense of the
requesting person (who, prior to the commencement of publication, must furnish the agreement of the publisher to hold such requesting
person alone responsible for charges of publication), shall cause notice of such application,
offer, permit, or lease to be published in a newspaper having general circulation in the county
in which the lands involved are situate.
Such notice shall describe the lands covered
by such application, offer, permit, or lease, as
provided heretofore in the notice to be filed in
the office of record of the county in which the
lands covered are situate, and shall notify
whomever it may concern that if any person
claiming or asserting under, or by virtue of, any
unpatented mining claim heretofore located,
any right or interest in Leasing Act minerals as
to such lands or any part thereof, shall fail to
file in the office where such request for publication was filed (which office shall be specified in
such notice) and within one hundred fifty days
from the date of the first publication of such notice (which date shall be specified in such notice), a verified statement which shall set forth,
as to such unpatented mining claim:
(1) The date of location;
(2) The book and page of recordation of the
notice or certificate of location;
(3) The section or sections of the public land
surveys which embrace such mining claim; or

§ 527

TITLE 30—MINERAL LANDS AND MINING

if such lands are unsurveyed, either the section or sections which would probably embrace such mining claim when the public land
surveys are extended to such lands or a tie by
courses and distances to an approved United
States mineral monument;
(4) Whether such claimant is a locator or
purchaser under such location; and
(5) The name and address of such claimant
and names and addresses so far as known to
the claimant of any other person or persons
claiming any interest or interests in or under
such unpatented mining claim;
such failure shall be conclusively deemed (i) to
constitute a waiver and relinquishment by such
mining claimant of any and all right, title, and
interest under such mining claim as to, but only
as to, Leasing Act minerals, and (ii) to constitute a consent by such mining claimant that
such mining claim and any patent issued therefor, shall be subject to the reservation specified
in section 524 of this title, and (iii) to preclude
thereafter any assertion by such mining claimant of any right or title to or interest in any
Leasing Act mineral by reason of such mining
claim.
If such notice is published in a daily paper, it
shall be published in the Wednesday issue for
nine consecutive weeks, or, if in a weekly paper,
in nine consecutive issues, or, if in a semiweekly
or triweekly paper, in the issue of the same day
of each week for nine consecutive weeks.
Within fifteen days after the date of first publication of such notice, the person requesting
such publication (1) shall cause a copy of such
notice to be personally delivered to or to be
mailed by registered mail or by certified mail
addressed to each person in possession or engaged in the working of the land whose name
and address is shown by an affidavit filed as
aforesaid, and to each person who may have
filed, as to any lands described in said notice, a
request for notices, as provided in subsection (d)
of this section, and shall cause a copy of such
notice to be mailed by registered mail or by certified mail to each person whose name and address is set forth in the title or abstract company’s or title abstractor’s or attorney’s certificate filed as aforesaid, as having an interest in
the lands described in said notice under any unpatented mining claim heretofore located, such
notice to be directed to such person’s address as
set forth in such certificate; and (2) shall file in
the office where said request for publication was
filed an affidavit showing that copies have been
so delivered or mailed.
(b) Failure to file verified statement
If any claimant under any unpatented mining
claim heretofore located which embraces any of
the lands described in any notice published in
accordance with the provisions of subsection (a)
of this section shall fail to file a verified statement, as above provided, within one hundred and
fifty days from the date of the first publication
of such notice, such failure shall be conclusively
deemed, except as otherwise provided in subsection (e) of this section, (i) to constitute a
waiver and relinquishment by such mining
claimant of any and all right, title, and interest
under such mining claim as to, but only as to,

Page 100

Leasing Act minerals, and (ii) to constitute a
consent by such mining claimant that such mining claim and any patent issued therefor, shall
be subject to the reservation specified in section
524 of this title, and (iii) to preclude thereafter
any assertion by such mining claimant of any
right or title to or interest in any Leasing Act
mineral by reason of such mining claim.
(c) Hearings
If any verified statement shall be filed by a
mining claimant as provided in subsection (a) of
this section, then the Secretary of the Interior
or his designated representative shall fix a time
and place for a hearing to determine the validity
and effectiveness of the mining claimant’s asserted right or interest in Leasing Act minerals,
which place of hearing shall be in the county
where the lands in question or parts thereof are
located, unless the mining claimant agrees
otherwise. The procedures with respect to notice
of such a hearing and the conduct thereof, and
in respect to appeals shall follow the then established general procedures and rules of practice
of the Department of the Interior in respect to
contests or protests affecting public lands of the
United States. If, pursuant to such a hearing the
final decision rendered in the matter shall affirm the validity and effectiveness of any mining claimant’s right or interest under the mining claim as to Leasing Act minerals, then no
subsequent proceedings under this section shall
have any force or effect upon the so-affirmed
right or interest of such mining claimant under
such mining claim. If at any time prior to a
hearing the person requesting publication of notice and any person filing a verified statement
pursuant to such notice shall so stipulate, then
to the extent so stipulated, but only to such extent, no hearing shall be held with respect to
rights asserted under that verified statement,
and to the extent defined by the stipulation the
rights asserted under that verified statement
shall be deemed to be unaffected by that particular published notice.
(d) Request for copy of notice
Any person claiming any right in Leasing Act
minerals under or by virtue of any unpatented
mining claim heretofore located and desiring to
receive a copy of any notice of any application,
offer, permit, or lease which may be published as
above provided in subsection (a) of this section,
and which may affect lands embraced in such
mining claim, may cause to be filed for record in
the county office of record where the notice or
certificate of location of such mining claim
shall have been recorded, a duly acknowledged
request for a copy of any such notice. Such request for copies shall set forth the name and address of the person requesting copies and shall
also set forth, as to each mining claim under
which such person asserts rights in Leasing Act
minerals:
(1) the date of location;
(2) the book and page of the recordation of
the notice or certificate of location; and
(3) the section or sections of the public land
surveys which embrace such mining claim; or
if such lands are unsurveyed, either the section or sections which would probably embrace such mining claim when the public land

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TITLE 30—MINERAL LANDS AND MINING

surveys are extended to such lands or a tie by
courses and distances to an approved United
States mineral monument.
Other than in respect to the requirements of
subsection (a) of this section as to personal delivery or mailing of copies of notices and in respect to the provisions of subsection (e) of this
section, no such request for copies of published
notices and no statement or allegation in such
request and no recordation thereof shall affect
title to any mining claim or to any land or be
deemed to constitute constructive notice to any
person that the person requesting copies has, or
claims, any right, title, or interest in or under
any mining claim referred to in such request.
(e) Failure to deliver or mail copy of notice
If any applicant, offeror, permittee, or lessee
shall fail to comply with the requirements of
subsection (a) of this section as to the personal
delivery or mailing of a copy of notice to any
person, the publication of such notice shall be
deemed wholly ineffectual as to that person or
as to the rights asserted by that person and the
failure of that person to file a verified statement, as provided in such notice, shall in no
manner affect, diminish, prejudice or bar any
rights of that person.
(Aug. 13, 1954, ch. 730, § 7, 68 Stat. 711; Pub. L.
86–507, § 1(25), June 11, 1960, 74 Stat. 201.)
AMENDMENTS
1960—Subsec. (a). Pub. L. 86–507 inserted ‘‘or by certified mail’’ after ‘‘registered mail’’ in two places in
last paragraph.

§ 528. Waiver and relinquishment of mineral
rights
The owner or owners of any mining claim
heretofore located may, at any time prior to issuance of patent therefor, waive and relinquish
all rights thereunder to Leasing Act minerals.
The execution and acknowledgment of such a
waiver and relinquishment by such owner or
owners and the recordation thereof in the office
where the notice or certificate of location of
such mining claim is of record shall render such
mining claim thereafter subject to the reservation referred to in section 524 of this title and
any patent issued therefor shall contain such a
reservation, but no such waiver or relinquishment shall be deemed in any manner to constitute any concession as to the date of priority
of rights under said mining claim or as to the
validity thereof.
(Aug. 13, 1954, ch. 730, § 8, 68 Stat. 715.)
§ 529. Helium lands subject to entry
Lands withdrawn from the public domain
which are within (a) Helium Reserve Numbered
1, pursuant to Executive orders of March 21,
1924, and January 28, 1926, and (b) Helium Reserve Numbered 2 pursuant to Executive Order
6184 of June 26, 1933, shall be subject to entry
and location under the mining laws of the
United States, and to permit and lease under the
mineral leasing laws, upon determination by the
Secretary of the Interior, based upon available
geologic and other information, that there is no
reasonable probability that operations pursuant

§ 530

to entry or location of the particular lands
under the mining laws, or pursuant to a permit
or lease of the particular lands under the Mineral Leasing Act [30 U.S.C. 181 et seq.], will result in the extraction or cause loss or waste of
the helium-bearing gas in the lands of such reserves: Provided, That the lands shall not become subject to entry, location, permit or lease
until such time as the Secretary designates in
an order published in the Federal Register: And
provided further, That the Secretary may at any
time as a condition to continued mineral operations require the entryman, locator, permittee
or lessee to take such measures either above or
below the surface of the lands as the Secretary
deems necessary to prevent loss or waste of the
helium-bearing gas.
(Aug. 13, 1954, ch. 730, § 9, 68 Stat. 715.)
REFERENCES IN TEXT
The Mineral Leasing Act, referred to in text, is act
Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which is
classified generally to chapter 3A (§ 181 et seq.) of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 181 of
this title and Tables.

§ 530. Definitions
As used in this chapter ‘‘mineral leasing laws’’
shall mean the Act of February 25, 1920 (41 Stat.
437) [30 U.S.C. 181 et seq.]; the Act of April 17,
1926 (44 Stat. 301) [30 U.S.C. 271 et seq.]; the Act
of February 7, 1927 (44 Stat. 1057) [30 U.S.C. 281 et
seq.]; Geothermal Steam Act of 1970 [30 U.S.C.
1001 et seq.]; and all Acts heretofore or hereafter
enacted which are amendatory of or supplementary to any of the foregoing Acts; ‘‘Leasing
Act minerals’’ shall mean all minerals which,
upon August 13, 1954, are provided in the mineral
leasing laws to be disposed of thereunder and all
geothermal steam and associated geothermal resources which, upon the effective date of the
Geothermal Steam Act of 1970, are provided in
that Act to be disposed of thereunder; ‘‘Leasing
Act operations’’ shall mean operations conducted under a lease, permit, or license issued
under the mineral leasing laws in or incidental
to prospecting for, drilling for, mining, treating,
storing, transporting, or removing Leasing Act
minerals; ‘‘mining operations’’ shall mean operations under any unpatented or patented mining
claim or millsite in or incidental to prospecting
for, mining, treating, storing, transporting, or
removing minerals other than Leasing Act minerals and any other use under any claim of right
or title based upon such mining claim or millsite; ‘‘Leasing Act operator’’ shall mean any
party who shall conduct Leasing Act operations;
‘‘mining operator’’ shall mean any party who
shall conduct mining operations; ‘‘Atomic Energy Act’’ shall mean the Act of August 1, 1946
(60 Stat. 755), as amended [42 U.S.C. 2011 et seq.];
‘‘Atomic Energy Commission’’ shall mean the
United States Atomic Energy Commission established under the Atomic Energy Act or any
amendments thereof; ‘‘fissionable source material’’ shall mean uranium, thorium, and all
other materials referred to in section 5(b)(1) of
the Atomic Energy Act, as amended, as reserved
or to be reserved to the United States; ‘‘uranium
lease application’’ shall mean an application for

§ 531

TITLE 30—MINERAL LANDS AND MINING

a uranium lease filed with said Commission with
respect to lands which would be open for entry
under the mining laws except for their being
lands embraced within an offer, application, permit, or lease under the mineral leasing laws or
lands known to be valuable for minerals leasable
under those laws; ‘‘uranium lease’’ shall mean a
uranium mining lease issued by said Commission with respect to any such lands; and ‘‘person’’ shall mean any individual, corporation,
partnership, or other legal entity.
(Aug. 13, 1954, ch. 730, § 11, 68 Stat. 716; Pub. L.
91–581, § 26, Dec. 24, 1970, 84 Stat. 1573; Pub. L.
109–58, title II, § 236(24), Aug. 8, 2005, 119 Stat.
673.)
REFERENCES IN TEXT
Act of February 25, 1920, referred to in text, is act
Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as
the Mineral Leasing Act, which is classified generally
to chapter 3A (§ 181 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 181 of this title and Tables.
Act of April 17, 1926, referred to in text, is act Apr. 17,
1926, ch. 158, 44 Stat. 301, as amended, which is classified
generally to subchapter VIII (§ 271 et seq.) of chapter 3A
of this title. For complete classification of this Act to
the Code, see Tables.
Act of February 7, 1927, referred to in text, is act Feb.
7, 1927, ch. 66, 44 Stat. 1057, as amended, which enacted
subchapter IX (§ 281 et seq.) of chapter 3A of this title,
amended sections 181 and 193 of this title, and repealed
subchapter VII (§ 141 et seq.) of chapter 3 of this title.
For complete classification of this Act to the Code, see
Tables.
The Geothermal Steam Act of 1970, referred to in
text, is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566, which
is classified principally to chapter 23 (§ 1001 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1001 of
this title and Tables.
The effective date of the Geothermal Steam Act of
1970, referred to in text, probably means the date of enactment of Pub. L. 91–581, which was approved Dec. 24,
1970.
The Atomic Energy Act, referred to in text, is a reference to the Atomic Energy Act of 1946 (act Aug. 1,
1946, ch. 724, 60 Stat. 755), prior to its complete amendment and revision by act Aug. 30, 1954, ch. 1073, 68 Stat.
919, which is classified principally to chapter 23 (§ 2011
et seq.) of Title 42, The Public Health and Welfare. For
further details, see Codification note set out under sections 1801 to 1819 of Title 42 and Short Title note set
out under section 2011 of Title 42. For complete classification of this Act to the Code, see Tables.
Section 5(b)(1) of the Atomic Energy Act, as amended, referred to in text, was formerly classified to section 1805(b)(1) of Title 42 and defined ‘‘source material’’.
The term is defined in section 11(z) of the Atomic Energy Act of 1954, as amended, which is classified to section 2014(z) of Title 42.
AMENDMENTS
2005—Pub. L. 109–58 amended directory language of
Pub. L. 91–581, § 26. See 1970 Amendment note below.
1970—Pub. L. 91–581, § 26, as amended by Pub. L.
109–58, redefined ‘‘mineral leasing laws’’ to exclude ‘‘the
Act of October 20, 1914’’ and to include ‘‘Geothermal
Steam Act of 1970’’ and ‘‘Leasing Act minerals’’ to include ‘‘all geothermal steam and associated geothermal
resources which, upon the effective date of the Geothermal Steam Act of 1970, are provided in that Act to
be disposed of thereunder’’.
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions
transferred by sections 5814 and 5841 of Title 42, The

Page 102

Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.

§ 531. Approval of United States officials
Nothing in this chapter shall be construed to
waive, amend, or repeal the requirement of any
provision of any law for approval of any official
of the United States whose approval prior to
prospecting, exploring, or mining would be required.
(Aug. 13, 1954, ch. 730, § 12, 68 Stat. 717.)
CHAPTER 12A—ENTRY AND LOCATION ON
COAL LANDS ON DISCOVERY OF SOURCE
MATERIAL
Sec.

541.

541a.
541b.
541c.
541d.
541e.
541f.
541g.
541h.
541i.

Entry and location; filing of copy of notice of
mining location; report and payment for
lignite mined; mineral patents; reservation
of minerals to United States.
Claims located prior to May 25, 1955; extralateral rights; amended notice of mining location.
Mining, removal, and disposal of lignite.
Lands where coal deposits have been reserved
to the United States.
Location of source materials by holders of
coal leases.
Definitions.
Disbursement of moneys.
Rules and regulations.
Savings provisions.
Withdrawal of lands from entry; expiration of
claims.

§ 541. Entry and location; filing of copy of notice
of mining location; report and payment for
lignite mined; mineral patents; reservation of
minerals to United States
Subject to the conditions and provisions of
this chapter and to any valid intervening rights
acquired under the laws of the United States,
public lands of the United States classified as or
known to be valuable for coal subject to disposition under the mineral leasing laws and which
are open to location and entry subject to the
conditions and provisions of chapter 12 of this
title, unless embraced within a coal prospecting
permit or lease, shall also be open to location
and entry under the mining laws of the United
States upon the discovery of a valuable source
material occurring within any seam, bed, or deposit of lignite in such lands: Provided, That a
copy of the notice of any mining location made
for source material occurring in any such bed,
seam, or deposit, shall be filed for record in the
land office of the Bureau of Land Management
for the State in which the claim is situated
within ninety days after the date of its location:
Provided further, That the claimant to any such
mining location shall report annually to the
Mining Supervisor of the Geological Survey the
amount of lignite mined or stripped in the recovery of such valuable source material during
each calendar year and tender payment to him
of 10 cents per ton thereon. Any mineral patents
issued hereunder shall be made subject to the recording and payment requirements of this section and shall contain a reservation to the
United States of all Leasing Act minerals owned
by the United States other than lignite containing valuable source material and lignite nec-

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TITLE 30—MINERAL LANDS AND MINING

essary to be stripped or mined in the recovery of
such material. Mining claims located and mineral patents issued under the provisions of this
chapter shall not include rights to lignite not
containing valuable source material except to
the extent it may be necessary to mine or strip
such lignite in order to mine the source material and, with respect to lode claims, shall not
include extralateral rights. For all purposes of
this chapter ‘‘source material’’ and ‘‘lignite’’
shall have the meanings given in section 541e of
this title.
(Aug. 11, 1955, ch. 795, § 1, 69 Stat. 679.)
§ 541a. Claims located prior to May 25, 1955;
extralateral rights; amended notice of mining
location
Any mining claim located in a manner prescribed by the mining laws of the United States
upon lands of the character described in section
541 of this title, prior to May 25, 1955, if based
upon a discovery of valuable source material
contained in lignite shall be effective to the
same extent as if such lands at the time of location, and at all times thereafter, had not been
classified as or known to be valuable for coal
subject to disposition under the mineral leasing
laws, subject, however, to the provisions of section 541 of this title: Provided, That no extralateral rights shall attach to any mining location validated under this section: And provided
further, That the locator or locators of such a
mining claim shall, not later than one hundred
and eighty days from and after August 11, 1955,
post on the claim and file for record in the office
where the notice or certificate of location is of
record, an amended notice of the mining location stating that such amended notice is filed
pursuant to the provisions of this chapter and
for the purpose of obtaining the benefits thereof;
and that a copy of said amended notice is, within the said one-hundred-and-eighty-day period,
filed in the land office of the Bureau of Land
Management for the State in which the mining
location is situated, and the mining locator
thereafter complies with the requirements of
this chapter.
(Aug. 11, 1955, ch. 795, § 2, 69 Stat. 679.)
EXTENSION OF TIME FOR ANNUAL ASSESSMENT WORK
Act June 29, 1956, ch. 478, 70 Stat. 438, as amended by
Pub. L. 85–68, June 29, 1957, 71 Stat. 226, provided for extension of time for period commencing July 1, 1955, to
12 o’clock noon July 1, 1958, during which labor must be
performed, or improvements made pursuant to section
28 of this title, or any unpatented mining claim validated under this section and for extension of time for
period commencing July 1, 1956, to 12 o’clock noon July
1, 1958, during which labor must be performed, or improvements made pursuant to section 28 of this title,
on any other unpatented mining claim subject to this
chapter.

§ 541b. Mining, removal, and disposal of lignite
Subject to the provisos of section 541a of this
title, any mining location made under the mining laws of the United States, including chapter
12 of this title, on lands of the character described in section 541 of this title, except locations made for lands within the exterior boundaries of a prior coal prospecting permit or lease,

§ 541c

if based upon a discovery of valuable source material in deposits other than deposits of Leasing
Act minerals, shall include the right to mine,
remove, and dispose of lignite containing valuable source material and lignite necessary to be
stripped or mined in the recovery of source material contained in lignite, subject to the reporting and payment requirements of section 541 of
this title, and subject to the provisions of the
Atomic Energy Act of 1954 [42 U.S.C. 2011 et.
seq.], and upon filing in the land office designated in section 541 of this title, an adequate
description of his claim or claims containing
such lignite: Provided, That nothing in this section shall be construed to limit or restrict the
rights acquired by virtue of a mining claim
heretofore or hereafter located, under the 1872
Mining Act, as amended, or to impose any additional obligation with respect to the mining and
removal of source material which does not occur
within any seam, bed, or deposit of lignite.
(Aug. 11, 1955, ch. 795, § 3, 69 Stat. 680.)
REFERENCES IN TEXT
The Atomic Energy Act of 1954, referred to in text, is
act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,
ch. 1073, § 1, 68 Stat. 921, and amended, which is classified generally to chapter 23 (§ 2011 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 2011 of Title 42 and Tables.
The 1872 Mining Act, as amended, referred to in text,
is act May 10, 1872, ch. 152, 17 Stat. 91, as amended. That
act was incorporated into the Revised Statutes as R.S.
§§ 2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39
to 42, and 47 of this title. For complete classification of
R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344 to the
Code, see Tables.

§ 541c. Lands where coal deposits have been reserved to the United States
The entryman or owner of any land or the assignee of rights therein, including lands granted
to States, with respect to which the coal deposits have been reserved to the United States pursuant to the provisions of section 81 of this title
or sections 83 to 85 of this title, excepting lands
embraced within a coal prospecting permit or
lease, upon the discovery of valuable source material in lignite situated within such entered,
granted, or patented lands, who, except for the
reservation of coal to the United States would
have the right to mine and remove such source
material, shall have the exclusive right to mine,
remove, and dispose of lignite containing such
source material and lignite necessary to be
stripped or mined in the recovery of such material, subject to the reporting and payment requirements of section 541 of this title, and subject to the provisions of the Atomic Energy Act
of 1954 [42 U.S.C. 2011 et seq.], upon filing in the
land office designated in section 541 of this title,
an adequate description sufficient to identify
the land containing such lignite.
(Aug. 11, 1955, ch. 795, § 4, 69 Stat. 680.)
REFERENCES IN TEXT
The Atomic Energy Act of 1954, referred to in text, is
act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,
ch. 1073, § 1, 68 Stat. 921, and amended, which is classified generally to chapter 23 (§ 2011 et seq.) of Title 42,

TITLE 30—MINERAL LANDS AND MINING

§ 541d

The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 2011 of Title 42 and Tables.

§ 541d. Location of source materials by holders of
coal leases
The holders of coal leases issued under the
provision of the mineral leasing laws, including
chapter 7 of this title, prior to August 11, 1955,
or thereafter if based upon a prospecting permit
issued prior to that date, upon the discovery
during the term of such lease of valuable source
material in any bed or deposit of lignite situated
within the leased lands, shall have the exclusive
right to locate such source material under the
provisions of this chapter but the mining and
disposal of such source material shall be subject
to the operating provisions of the lease and to
the provisions of the Atomic Energy Act of 1954
[42 U.S.C. 2011 et seq.]: Provided, That the provisions of this section shall not apply to coal prospecting, permits or leases on lands embraced
within entered, granted or patented lands described in section 541c of this title.
(Aug. 11, 1955, ch. 795, § 5, 69 Stat. 680.)
REFERENCES IN TEXT
The Atomic Energy Act of 1954, referred to in text, is
act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,
ch. 1073, § 1, 68 Stat. 921, and amended, which is classified generally to chapter 23 (§ 2011 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 2011 of Title 42 and Tables.

§ 541e. Definitions
As used in this chapter ‘‘mineral leasing laws’’
shall mean the Act of October 20, 1914 (38 Stat.
741); the Act of February 25, 1920 (41 Stat. 437) [30
U.S.C. 181 et seq.]; the Act of April 17, 1926 (44
Stat. 301) [30 U.S.C. 271 et seq.]; the Act of February 7, 1927 (44 Stat. 1057) [30 U.S.C. 281 et seq.];
and all Acts heretofore or hereafter enacted
which are amendatory of or supplementary to
any of the foregoing Acts; ‘‘Leasing Act minerals’’ shall mean all minerals which, upon August 11, 1955, are provided in the mineral leasing
laws to be disposed of thereunder; ‘‘lignite’’
shall mean coal classified as ASTM designation:
D 388–38, according to the standards established
in the American Society for Testing Materials
on Coal and Coke under standard specifications
for Classification of Coals by Rank, contained in
public-land deposits considered as valuable
under the coal-land classification standards established by the Secretary of the Interior and
prescribed in section 30, Code of Federal Regulations, part 201; and ‘‘source material’’ shall
mean uranium, thorium, or any other material
which is determined by the Atomic Energy Commission pursuant to the provisions of section
2091 of title 42 to be source material.
(Aug. 11, 1955, ch. 795, § 6, 69 Stat. 680.)
REFERENCES IN TEXT
Act of October 20, 1914, referred to in text, is act Oct.
20, 1914, ch. 330, 38 Stat. 741, known as the Alaska Coal
Lands Act, which was repealed by Pub. L. 86–252, § 1,
Sept. 9, 1959, 73 Stat. 490. The subject matter of this Act
is generally covered by subchapters I to VII (§ 181 et
seq.) of chapter 3A of this title. For complete classification of this Act to the Code prior to repeal, see Tables.

Page 104

Act of February 25, 1920, referred to in text, is act
Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as
the Mineral Leasing Act, which is classified generally
to chapter 3A (§ 181 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 181 of this title and Tables.
Act of April 17, 1926, referred to in text, is act Apr. 17,
1926, ch. 158, 44 Stat. 301, as amended, which is classified
generally to subchapter VIII (§ 271 et seq.) of chapter 3A
of this title. For complete classification of this Act to
the Code, see Tables.
Act of February 7, 1927, referred to in text, is act Feb.
7, 1927, ch. 66, 44 Stat. 1057, as amended, which enacted
subchapter IX (§ 281 et seq.) of chapter 3A of this title,
amended sections 181 and 193 of this title, and repealed
subchapter VII (§ 141 et seq.) of chapter 3 of this title.
For complete classification of this Act to the Code, see
Tables.
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions
transferred by sections 5814 and 5841 of Title 42, The
Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.

§ 541f. Disbursement of moneys
All moneys received under the provisions of
this chapter shall be paid into the Treasury of
the United States and distributed in the same
manner as provided in section 191 of this title
and sections 437, 438, and 439 1 of title 48.
(Aug. 11, 1955, ch. 795, § 7, 69 Stat. 681.)
REFERENCES IN TEXT
Sections 437, 438, and 439 of title 48, referred to in
text, were repealed by Pub. L. 86–252, § 1, Sept. 9, 1959,
73 Stat. 490.

§ 541g. Rules and regulations
The Secretary of the Interior is authorized to
issue such rules and regulations as may be necessary or appropriate to effectuate the purposes
of this chapter.
(Aug. 11, 1955, ch. 795, § 8, 69 Stat. 681.)
§ 541h. Savings provision
Nothing in this chapter shall be deemed to
amend or repeal any provisions of chapter 12 of
this title, or any right granted thereunder.
(Aug. 11, 1955, ch. 795, § 9, 69 Stat. 681.)
§ 541i. Withdrawal of lands from entry; expiration of claims
Twenty years after August 11, 1955, all lands
subject to the provisions of section 541 of this
title shall be withdrawn from all forms of entry
under this chapter. All claims made pursuant to
the provisions of this chapter shall expire at
that time, except for (1) claims for which patent
has already been issued, and (2) claims on which
application for patent has already been made
and on which patent is subsequently issued: Provided, That, if the President shall so provide by
Executive order, the provisions of this section
shall not become effective until thirty years
after August 11, 1955.
(Aug. 11, 1955, ch. 795, § 10, 69 Stat. 681.)
1 See

References in Text note below.

Page 105

TITLE 30—MINERAL LANDS AND MINING

CHAPTER 13—CONTROL OF COAL-MINE
FIRES
Sec.

551.
552.
553.
554.
555.
556.
557.
558.

Declaration of policy.
Definitions.
Duties of Secretary; surveys, research, etc.;
projects.
Lands subject to chapter.
Conditions precedent for aid to non-Federal
lands.
Administration.
Rules and regulations.
Authorization of appropriations.

§ 551. Declaration of policy
It is recognized that outcrop and underground
fires in coal formations involve serious wastage
of the fuel resources of the Nation, and constitute a menace to the health and safety of the
public and to surface property. It is therefore
declared to be the policy of the Congress to provide for the control and extinguishment of outcrop and underground coal fires and thereby to
prevent injuries and loss of life, protect public
health, conserve natural resources, and to preserve public and private surface property.
(Aug. 31, 1954, ch. 1156, § 1, 68 Stat. 1009.)
COAL FORMATIONS
Pub. L. 102–486, title XXV, § 2504(d)(1), (2), Oct. 24,
1992, 106 Stat. 3105, 3106, provided that:
‘‘(1) In furtherance of the purposes of the Act of August 31, 1954 (30 U.S.C. 551–558) the Secretary of the Interior, acting through the Director of the Office of Surface Mining Reclamation and Enforcement, shall, upon
application by a State, enter into a cooperative agreement with any such State that has an approved abandoned mine reclamation program pursuant to section
405 of the Surface Mining Control and Reclamation Act
of 1977 [30 U.S.C. 1235] to undertake the activities referred to in section 3(b) of the Act of August 31, 1954 (30
U.S.C. 553(b)). The Secretary shall immediately enter
into such cooperative agreement upon application by a
State. Any such cooperative agreement shall not be
subject to review or approval by the Appalachian Regional Development Commission.
‘‘(2) For the purposes of the cooperative agreements
entered into pursuant to paragraph (1), the requirements of section 5 of the Act of August 31, 1954 (30
U.S.C. 555) are hereby waived.’’

§ 552. Definitions
As used in this chapter:
‘‘Coal’’ means any of the recognized classifications and ranks of coal, including anthracite, bituminous, semibituminous, subbituminous, and
lignite.
‘‘Outcrop’’ means any place where a formation
is visible or substantially exposed at the surface.
‘‘Formation’’ means any vein, seam, stratum,
bed, or other naturally occurring deposit.
‘‘Coal mine’’ means any underground, surface,
or strip mine from which coal is obtained.
‘‘State’’ means any State or Territory of the
United States, or any political subdivision
thereof.
‘‘Person’’ means an individual, partnership,
association, corporation, business trust, legal
representative, or any organized group of persons.
(Aug. 31, 1954, ch. 1156, § 2, 68 Stat. 1009.)

§ 555

§ 553. Duties of Secretary; surveys, research, etc.;
projects
The Secretary of the Interior, in order to effectuate the policy declared in section 551 of this
title, is hereby authorized—
(a) to conduct surveys, investigations, and
research relating to the causes and extent of
outcrop and underground fires in coal formations and the methods for control or extinguishment of such fires; to publish the results
of any such surveys, investigations, and researches; and to disseminate information concerning such method; and
(b) to plan and execute projects for control
or extinguishment of fires in coal formations.
(Aug. 31, 1954, ch. 1156, § 3, 68 Stat. 1009.)
§ 554. Lands subject to chapter
The acts authorized in section 553 of this title
may be performed—
(a) on lands owned or controlled by the
United States or any of its agencies, with the
cooperation of the agency having jurisdiction
thereof; and
(b) on any other lands, upon obtaining proper consent or the necessary rights or interests
in such lands: Provided, however, That expenditure of Federal funds for this purpose in any
privately owned operating coal mine shall be
limited to the acts authorized in section 553(a)
of this title.
(Aug. 31, 1954, ch. 1156, § 4, 68 Stat. 1009.)
§ 555. Conditions precedent for aid to non-Federal lands
(a) Enactment of local laws; agreements
As a condition to the extending of any benefits
under section 553(b) of this title to any lands not
owned or controlled by the United States or any
of its agencies, except where such action is necessary for the protection of lands or other property owned or controlled by the United States or
any of its agencies, the Secretary of the Interior
may require—
(1) the enactment of State or local laws providing for the control and extinguishment of
outcrop and underground fires in coal formations on State or privately owned land and the
cooperation of State or local authorities in
the work; and
(2) agreements or covenants as to the performance and maintenance of the work required to control or extinguish such fires.
(b) Contributions
The Secretary of the Interior shall require in
connection with any project for the control or
extinguishment of fires in any inactive coal
mine on any lands not owned or controlled by
the United States or any of its agencies, except
where such project is necessary for the protection of lands or other property owned or controlled by the United States or any of its agencies, (1) that the State or person owning or controlling such lands contribute on a matching
basis 50 per centum of the cost of planning and
executing such project, or (2), if such State or
person furnishes evidence satisfactory to the
Secretary of the Interior of an inability to make

§ 556

TITLE 30—MINERAL LANDS AND MINING

the matching contribution herein provided for,
that such State or person pay to the Government, within such period of time as the Secretary of the Interior shall determine, an
amount equal to 50 per centum of the cost of
planning and executing such project. At least 75
per centum of the funds expended in any fiscal
year, from any appropriation available to carry
out the purposes of this chapter, in connection
with projects for the control or extinguishment
of fires in inactive coal mines where such action
is not necessary for the protection of lands or
other property owned or controlled by the
United States or any of its agencies, shall be expended in conformity with clause (1) of this subsection.
(Aug. 31, 1954, ch. 1156, § 5, 68 Stat. 1010.)
§ 556. Administration
In carrying out the provisions of section 553 of
this title the Secretary of the Interior is authorized—
(a) Employment of personnel
to secure, by contract or otherwise, and
without regard to the civil service laws and
chapter 51 and subchapter III of chapter 53 of
title 5, for work of a temporary, intermittent,
or emergency character, such personal services as may be deemed necessary for the efficient and economical performance of the
work;
(b) Employment of equipment
to hire, with or without personal services,
work animals and animal-drawn and motorpropelled vehicles and equipment, at rates to
be approved by the Secretary of the Interior
and without regard to the provisions of section
6101 of title 41;
(c) Contractual authority
to procure all or any part of the surveys, investigations, and control or extinguishment
work by contracts with engineers, contractors,
or firms or corporations thereof;
(d) Acquisition of lands, etc.
to acquire lands or rights and interests
therein, including improvements, by purchase,
lease, gift, exchange, condemnation, or otherwise, whenever necessary for the purposes of
this chapter;
(e) Property restoration
to repair, restore, or replace private property damaged or destroyed as a result of, or incident to, operations under this chapter; and
(f) Contributions; cooperation with other agencies; disposition of moneys
to receive and accept money and property,
real or personal, or interests therein, as a gift,
bequest, or contribution, for use in any of the
activities authorized under this chapter; and
to conduct any of the activities authorized
under this chapter in cooperation with any
person or agency, Federal, State, or private.
Any money so received shall be deposited in
the Treasury of the United States in an available trust fund to be disbursed by the Secretary of the Treasury upon certification by

Page 106

the Secretary of the Interior in accordance
with the terms of the grant, and shall remain
available until expended for the purposes for
which received and accepted.
(Aug. 31, 1954, ch. 1156, § 6, 68 Stat. 1010.)
CODIFICATION
In subsec. (a), ‘‘chapter 51 and subchapter III of chapter 53 of title 5’’ substituted for ‘‘the Classification Act
of 1949, as amended’’ on authority of Pub. L. 89–554,
§ 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of
which enacted Title 5, Government Organization and
Employees.
In subsec. (b), ‘‘section 6101 of title 41’’ substituted
for ‘‘section 3709, Revised Statutes (41 U.S.C., sec. 5)’’
on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124
Stat. 3854, which Act enacted Title 41, Public Contracts.

§ 557. Rules and regulations
The Secretary of the Interior may issue rules
and regulations to effectuate the purposes of
this chapter.
(Aug. 31, 1954, ch. 1156, § 7, 68 Stat. 1011.)
§ 558. Authorization of appropriations
There are hereby authorized to be appropriated such sums,1 as may be necessary to
carry out the provisions and purposes of this
chapter.
(Aug. 31, 1954, ch. 1156, § 8, 68 Stat. 1011; Pub. L.
102–486, title XXV, § 2504(d)(3), Oct. 24, 1992, 106
Stat. 3106.)
AMENDMENTS
1992—Pub. L. 102–486 struck out ‘‘not to exceed
$500,000 annually,’’ after ‘‘such sums,’’.

CHAPTER 14—ANTHRACITE MINE DRAINAGE
AND FLOOD CONTROL
Sec.

571.
572.
573.
574.
575.
576.

Declaration of policy.
United States contributions to Pennsylvania:
authority, conditions, limitations.
Statement by Commonwealth for Secretary.
Hearings; withholding payments.
Repealed.
Authorization of appropriations.

§ 571. Declaration of policy
It is hereby recognized that the presence of
large volumes of water in anthracite coal formations involves serious wastage of the fuel resources of the Nation, and constitutes a menace
to health and safety and national security. It is
therefore declared to be the policy of the Congress to provide for the control and drainage of
water in the anthracite coal formations and
thereby conserve natural resources, promote national security, prevent injuries and loss of life,
and preserve public and private property, and to
seal abandoned coal mines and to fill voids in
abandoned coal mines, in those instances where
such work is in the interest of the public health
or safety.
(July 15, 1955, ch. 369, § 1, 69 Stat. 352; Pub. L.
87–818, § 1(1), Oct. 15, 1962, 76 Stat. 934.)
AMENDMENTS
1962—Pub. L. 87–818 declared it to be the policy of the
Congress ‘‘to seal abandoned coal mines and to fill
1 So

in original. The comma probably should not appear.

Page 107

TITLE 30—MINERAL LANDS AND MINING

voids in abandoned coal mines, in those instances
where such work is in the interest of the public health
or safety’’.

§ 572. United States contributions to Pennsylvania: authority, conditions, limitations
The Secretary of the Interior is authorized, in
order to carry out the purposes mentioned in
section 571 of this title, to make financial contributions on the basis of programs or projects
approved by the Secretary to the Commonwealth of Pennsylvania (hereinafter designated
as the ‘‘Commonwealth’’) to seal abandoned coal
mines and to fill voids in abandoned coal mines,
in those instances where such work is in the interest of the public health or safety, and for control and drainage of water which, if not so controlled or drained, will cause the flooding of anthracite coal formations, said contributions to
be applied to the cost of drainage works, pumping plants, and related facilities but subject,
however, to the following conditions and limitations:
(a) Contributions to be matched by Commonwealth
The amounts authorized to be contributed by
the Secretary of the Interior to the Commonwealth shall be equally matched by the Commonwealth;
(b) Amount of contributions authorized
The total amount of contributions by the Secretary of the Interior under the authority of this
chapter shall not exceed $8,500,000, of which
$1,500,000 of the unexpended balance remaining
as of July 31, 1962, shall be reserved for the control and drainage of water;
(c) Limitation on use of contribution
The amounts contributed by the Secretary of
the Interior under the authority of this chapter
and the equally matched amounts contributed
by the Commonwealth shall not be used for operating and maintaining projects constructed
pursuant to this chapter or for the purchase of
culm, rock, or spoil banks;
(d) Commonwealth responsible for installation
and operation of projects
The Commonwealth shall have full responsibility for installing, operating, and maintaining projects constructed pursuant to this chapter, and shall give evidence, satisfactory to the
Secretary of the Interior, that it will enforce effective installation, operation, and maintenance
safeguards;
(e) Location and operation of projects
Projects constructed pursuant to this chapter
shall be so located, operated, and maintained as
to provide the maximum conservation of anthracite coal resources or, in those instances where
such work would be in the interest of the public
health or safety, to seal abandoned coal mines
and to fill voids in abandoned coal mines, and,
where possible, to avoid creating inequities
among those mines which may be affected by
the waters to be controlled thereby; and
(f) Economic justification for abandoned coal
mine projects
Projects for the sealing of abandoned coal
mines or the filling of voids in abandoned coal

§ 576

mines shall be determined by the Secretary of
the Interior to be economically justified. The
Secretary shall not find any project to be economically justified unless the potential benefits
are estimated by him to exceed the estimated
cost of the project.
(July 15, 1955, ch. 369, § 2, 69 Stat. 353; Pub. L.
87–818, § 1(2)–(7), Oct. 15, 1962, 76 Stat. 934.)
AMENDMENTS
1962—Pub. L. 87–818, § 1(2), authorized the Secretary of
the Interior, in the preamble clause, to seal abandoned
coal mines and to fill voids in abandoned coal mines, in
those instances where such work is in the interest of
the public health or safety.
Subsec. (b). Pub. L. 87–818, § 1(3), reserved $1,500,000 of
the unexpended balance remaining as of July 31, 1962,
for the control and drainage of water.
Subsec. (c). Pub. L. 87–818, § 1(4), prohibited the use of
contributions for the purchase of culm, rock, or spoil
banks.
Subsec. (d). Pub. L. 87–818, § 1(5), struck out ‘‘and’’
after the semicolon.
Subsec. (e). Pub. L. 87–818, § 1(6), prescribed that
projects be so located, operated, and maintained as to
seal abandoned coal mines and to fill voids in abandoned coal mines in those instances where such work
would be in the interest of the public health or safety.
Subsec. (f). Pub. L. 87–818, § 1(7), added subsec. (f).

§ 573. Statement by Commonwealth for Secretary
The Commonwealth shall furnish to the Secretary of the Interior a statement with respect
to the project showing work done, the status of
the project, expenditures and amounts obligated, at such times and in such detail as the
Secretary of the Interior shall require for the
purposes of this chapter.
(July 15, 1955, ch. 369, § 3, 69 Stat. 353.)
§ 574. Hearings; withholding payments
Whenever the Secretary of the Interior, after
reasonable notice and opportunity for hearing,
finds that there is a failure to expend funds in
accordance with the terms and conditions governing the Federal contribution for such approved projects, he shall notify the Commonwealth that further payments will not be made
to the Commonwealth from appropriations
under this chapter until he is satisfied that
there will no longer be any such failure. Until he
is so satisfied the Secretary of the Interior shall
withhold the payment of any financial contributions to the Commonwealth.
(July 15, 1955, ch. 369, § 4, 69 Stat. 353.)
§ 575. Repealed. Pub. L. 105–362, title
§ 901(i)(1), Nov. 10, 1998, 112 Stat. 3290

IX,

Section, acts July 15, 1955, ch. 369, § 5, 69 Stat. 353;
Pub. L. 87–818, § 1(8), Oct. 15, 1962, 76 Stat. 935, related
to annual reports to Congress by Secretary of the Interior on anthracite mine drainage and flood control program.

§ 576. Authorization of appropriations
There is hereby authorized to be appropriated
such amounts as may be necessary to carry out
the provisions of this chapter.
(July 15, 1955, ch. 369, § 5, formerly § 6, 69 Stat.
353; renumbered § 5, Pub. L. 105–362, title IX,
§ 901(i)(2), Nov. 10, 1998, 112 Stat. 3290.)

§ 601

TITLE 30—MINERAL LANDS AND MINING
PRIOR PROVISIONS

A prior section 5 of act July 15, 1955, ch. 369, was classified to section 575 of this title, prior to repeal by Pub.
L. 105–362, § 901(i)(1).

CHAPTER 15—SURFACE RESOURCES
SUBCHAPTER I—DISPOSAL OF MATERIALS ON
PUBLIC LANDS
Sec.

601.

602.
603.
604.

Rules and regulations governing disposal of
materials;
payment;
removal
without
charge; lands excluded.
Bidding; advertising and other notice; conditions for negotiation of contract.
Disposition of moneys from disposal of materials.
Disposal of sand, peat moss, etc., in Alaska;
contracts.
SUBCHAPTER II—MINING LOCATIONS

611.

612.
613.
614.
615.

Common varieties of sand, stone, gravel,
pumice, pumicite, or cinders, and petrified
wood.
Unpatented mining claims.
Procedure for determining title uncertainties.
Waiver of rights.
Limitation of existing rights.

SUBCHAPTER I—DISPOSAL OF MATERIALS
ON PUBLIC LANDS
§ 601. Rules and regulations governing disposal
of materials; payment; removal without
charge; lands excluded
The Secretary, under such rules and regulations as he may prescribe, may dispose of mineral materials (including but not limited to
common varieties of the following: sand, stone,
gravel, pumice, pumicite, cinders, and clay) and
vegetative materials (including but not limited
to yucca, manzanita, mesquite, cactus, and timber or other forest products) on public lands of
the United States, including, for the purposes of
this subchapter, land described in subchapter V
of chapter 28 of title 43, if the disposal of such
mineral or vegetative materials (1) is not otherwise expressly authorized by law, including, but
not limited to, subchapter I of chapter 8A of
title 43, and the United States mining laws, and
(2) is not expressly prohibited by laws of the
United States, and (3) would not be detrimental
to the public interest. Such materials may be
disposed of only in accordance with the provisions of this subchapter and upon the payment
of adequate compensation therefor, to be determined by the Secretary: Provided, however, That,
to the extent not otherwise authorized by law,
the Secretary is authorized in his discretion to
permit any Federal, State, or Territorial agency, unit or subdivision, including municipalities,
or any association or corporation not organized
for profit, to take and remove, without charge,
materials and resources subject to this subchapter, for use other than for commercial or industrial purposes or resale. Where the lands
have been withdrawn in aid of a function of a
Federal department or agency other than the
department headed by the Secretary or of a
State, Territory, county, municipality, water
district or other local governmental subdivision
or agency, the Secretary may make disposals

Page 108

under this subchapter only with the consent of
such other Federal department or agency or of
such State, Territory, or local governmental
unit. Nothing in this subchapter shall be construed to apply to lands in any national park, or
national monument or to any Indian lands, or
lands set aside or held for the use or benefit of
Indians, including lands over which jurisdiction
has been transferred to the Department of the
Interior by Executive order for the use of Indians. As used in this subchapter, the word ‘‘Secretary’’ means the Secretary of the Interior except that it means the Secretary of Agriculture
where the lands involved are administered by
him for national forest purposes or for the purposes of title III of the Bankhead-Jones Farm
Tenant Act [7 U.S.C. 1010 et seq.] or where withdrawn for the purpose of any other function of
the Department of Agriculture.
(July 31, 1947, ch. 406, § 1, 61 Stat. 681; July 23,
1955, ch. 375, § 1, 69 Stat. 367.)
REFERENCES IN TEXT
Subchapter V (§ 1181a et seq.) of chapter 28 of title 43,
referred to in text, was in the original a reference to
the Acts of Aug. 28, 1937 (50 Stat. 874), and June 24, 1954
(68 Stat. 270), as amended. For complete classification
of these Acts to the Code, see Tables.
Subchapter I (§ 315 et seq.) of chapter 8A of title 43,
referred to in text, was in the original a reference to
the Act of June 28, 1934 (48 Stat. 1269), as amended,
known as the Taylor Grazing Act. For complete classification of this Act to the Code, see Short Title note
set out under section 315 of Title 43 and Tables.
The Bankhead-Jones Farm Tenant Act, referred to in
text, is act July 22, 1937, ch. 517, 50 Stat. 522, as amended. Title III of such Act is classified generally to subchapter III (§ 1010 et seq.) of chapter 33 of Title 7, Agriculture. For complete classification of this Act to the
Code, see section 1000 of Title 7 and Tables.
AMENDMENTS
1955—Act July 23, 1955, required disposal under this
subchapter of common varieties of sand, stone, gravel,
pumice, pumicite, and cinders, and gave the Secretary
of Agriculture the same authority as to lands under his
jurisdiction as the Secretary of Interior possesses as to
lands under his jurisdiction in the disposal of mining
and vegetative materials.
SHORT TITLE
Act July 31, 1947, ch. 406, 61 Stat. 681, as amended,
which is classified to this subchapter, is popularly
known as the ‘‘Materials Act of 1947’’.
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with materials sales contracts under this subchapter
and removal permits issued under this subchapter and
enforcement functions of Secretary or other official in
Department of Agriculture insofar as they involve
lands and programs under jurisdiction of that Department related to compliance with removal of materials
under this subchapter with respect to pre-construction,
construction, and initial operation of transportation
system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector
for Alaska Natural Gas Transportation System, until
first anniversary of date of initial operation of Alaska
Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, §§ 102(e), (f), 203(a), eff. July 1, 1979, 44 F.R.
33663, 33666, 93 Stat. 1373, 1376, set out in the Appendix
to Title 5, Government Organization and Employees.
Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and au-

Page 109

TITLE 30—MINERAL LANDS AND MINING

§ 603

thority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102–486, set out as
an Abolition of Office of Federal Inspector note under
section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section
720d(f) of Title 15.

spector for Alaska Natural Gas Transportation System,
and subsequent transfer to Secretary of Energy, then
to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 601 of
this title.

§ 602. Bidding; advertising and other notice; conditions for negotiation of contract

All moneys received from the disposal of materials under this subchapter shall be disposed of
in the same manner as moneys received from
the sale of public lands, except that moneys received from the disposal of materials by the Secretary of Agriculture shall be disposed of in the
same manner as other moneys received by the
Department of Agriculture from the administration of the lands from which the disposal of materials is made, and except that revenues from
the lands described in subchapter V of chapter 28
of title 43, shall be disposed of in accordance
with said sections and except that moneys received from the disposal of materials from
school section lands in Alaska, reserved under
section 1 of the Act of March 4, 1915 (38 Stat.
1214), shall be set apart as separate and permanent funds in the Territorial Treasury, as provided for income derived from said school section lands pursuant to said Act.

(a) The Secretary shall dispose of materials
under this subchapter to the highest responsible
qualified bidder after formal advertising and
such other public notice as he deems appropriate: Provided, however, That the Secretary
may authorize negotiation of a contract for the
disposal of materials if—
(1) the contract is for the sale of less than
two hundred fifty thousand board-feet of timber; or, if
(2) the contract is for the disposal of materials to be used in connection with a public
works improvement program on behalf of a
Federal, State or local governmental agency
and the public exigency will not permit the
delay incident to advertising; or, if
(3) the contract is for the disposal of property for which it is impracticable to obtain
competition.
(b) Repealed. Pub. L. 96–470, title I, § 102(a),
Oct. 19, 1980, 94 Stat. 2237.
(July 31, 1947, ch. 406, § 2, 61 Stat. 681; Pub. L.
87–689, § 1, Sept. 25, 1962, 76 Stat. 587; Pub. L.
94–273, § 20, Apr. 21, 1976, 90 Stat. 379; Pub. L.
96–470, title I, § 102(a), Oct. 19, 1980, 94 Stat. 2237.)
AMENDMENTS
1980—Subsec. (b). Pub. L. 96–470 struck out subsec. (b)
which required a report to be made to Congress on Apr.
1 and Oct. 1 of each year of the contracts made under
subsec. (a)(2) and (3) during the period since the date of
the last report, which report was to name each purchaser, furnish the appraised value of the material involved, state the amount of each contract, and describe
the circumstances leading to the determination that
the contract should be entered into by negotiation instead of competitive bidding after formal advertising.
1976—Subsec. (b). Pub. L. 94–273 substituted ‘‘April’’
for ‘‘January’’ and ‘‘October’’ for ‘‘July’’.
1962—Pub. L. 87–689 designated existing provisions as
subsec. (a), substituted therein provisions requiring the
Secretary to dispose of materials after formal advertising and such other public notice as he deems appropriate, and authorizing negotiation of a contract for
the sale of less than 250,000 board-feet of timber, or for
materials to be used in connection with public works
improvement program for a Federal, State, or local
governmental agency where the public exigency will
not permit the delay of advertising, or for property for
which it is impracticable to obtain competition, for
provisions requiring publication of notice once a week
for 4 consecutive weeks in a newspaper of general circulation, and competitive bidding, in cases where the
value was in excess of $1,000, and permitting disposal
upon such notice and in such manner as he prescribed
where the value was $1,000 or less, and added subsec.
(b).

§ 603. Disposition of moneys from disposal of materials

(July 31, 1947, ch. 406, § 3, 61 Stat. 681; Aug. 31,
1950, ch. 830, 64 Stat. 571; July 23, 1955, ch. 375, § 2,
69 Stat. 368.)
REFERENCES IN TEXT
Subchapter V (§ 1181a et seq.) of chapter 28 of title 43,
referred to in text, was in the original a reference to
the Acts of Aug. 28, 1937 (50 Stat. 874), and June 24, 1954
(68 Stat. 270), as amended. For complete classification
of these Acts to the Code, see Tables.
Act of March 4, 1915 (38 Stat. 1214), referred to in text,
is act Mar. 4, 1915, ch. 181, 38 Stat. 1214, as amended.
Section 1 of that Act, which made reservation of certain Alaska lands for educational purposes, covered disposition of proceeds or income derived from reserved
lands, and set out the exclusion of certain lands, was
classified to section 353 of Title 48, Territories and Insular Possessions, and was repealed by Pub. L. 85–508,
§ 6(k), July 7, 1958, 72 Stat. 343. For complete classification of this Act to the Code, see Tables.
AMENDMENTS
1955—Act July 23, 1955, provided for the disposal of
moneys received by the Secretary of Agriculture, and
for the disposal of revenues from the lands described in
sections 1181a to 1181j of title 43.
1950—Act Aug. 31, 1950, provided for setting apart as
separate and permanent funds in the Territorial Treasury moneys received from disposal of materials from
school section lands in Alaska.
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Secretary or other appropriate officer or entity in Departments of Agriculture and the Interior under this subchapter to Federal Inspector of Office of Federal Inspector for Alaska Natural Gas Transportation System,
and subsequent transfer to Secretary of Energy, then
to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 601 of
this title.

TRANSFER OF FUNCTIONS

ADMISSION OF ALASKA AS STATE

For transfer of certain enforcement functions of Secretary or other appropriate officer or entity in Departments of Agriculture and the Interior under this subchapter to Federal Inspector of Office of Federal In-

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

§ 604

TITLE 30—MINERAL LANDS AND MINING

Page 110

out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.

a valuable mineral deposit within the mining laws of
the United States.

§ 604. Disposal of sand, peat moss, etc., in Alaska;
contracts

REGULATIONS FOR REMOVAL OF LIMITED QUANTITIES OF
PETRIFIED WOOD

Subject to the provisions of this subchapter,
the Secretary may dispose of sand, stone, gravel, and vegetative materials located below highwater mark of navigable waters of the Territory
of Alaska. Any contract, unexecuted in whole or
in part, for the disposal under this subchapter of
materials from land, title to which is transferred to a future State upon its admission to
the Union, and which is situated within its
boundaries, may be terminated or adopted by
such State.
(July 31, 1947, ch. 406, § 4, as added Aug. 31, 1950,
ch. 830, 64 Stat. 572.)
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Secretary or other appropriate officer or entity in Departments of Agriculture and the Interior under this subchapter to Federal Inspector of Office of Federal Inspector for Alaska Natural Gas Transportation System,
and subsequent transfer to Secretary of Energy, then
to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 601 of
this title.
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.

SUBCHAPTER II—MINING LOCATIONS
§ 611. Common varieties of sand, stone, gravel,
pumice, pumicite, or cinders, and petrified
wood
No deposit of common varieties of sand, stone,
gravel, pumice, pumicite, or cinders and no deposit of petrified wood shall be deemed a valuable mineral deposit within the meaning of the
mining laws of the United States so as to give
effective validity to any mining claim hereafter
located under such mining laws: Provided, however, That nothing herein shall affect the validity of any mining location based upon discovery
of some other mineral occurring in or in association with such a deposit. ‘‘Common varieties’’ as
used in this subchapter and sections 601 and 603
of this title does not include deposits of such
materials which are valuable because the deposit has some property giving it distinct and
special value and does not include so-called
‘‘block pumice’’ which occurs in nature in pieces
having one dimension of two inches or more.
‘‘Petrified wood’’ as used in this subchapter and
sections 601 and 603 of this title means agatized,
opalized, petrified, or silicified wood, or any material formed by the replacement of wood by
silica or other matter.
(July 23, 1955, ch. 375, § 3, 69 Stat. 368; Pub. L.
87–713, § 1, Sept. 28, 1962, 76 Stat. 652.)
AMENDMENTS
1962—Pub. L. 87–713 defined ‘‘petrified wood’’, and provided that no deposit of petrified wood shall be deemed

Section 2 of Pub. L. 87–713 provided that: ‘‘The Secretary of the Interior shall provide by regulation that
limited quantities of petrified wood may be removed
without charge from those public lands which he shall
specify.’’

§ 612. Unpatented mining claims
(a) Prospecting, mining or processing operations
Any mining claim hereafter located under the
mining laws of the United States shall not be
used, prior to issuance of patent therefor, for
any purposes other than prospecting, mining or
processing operations and uses reasonably incident thereto.
(b) Reservations in the United States to use of
the surface and surface resources
Rights under any mining claim hereafter located under the mining laws of the United
States shall be subject, prior to issuance of patent therefor, to the right of the United States to
manage and dispose of the vegetative surface resources thereof and to manage other surface resources thereof (except mineral deposits subject
to location under the mining laws of the United
States). Any such mining claim shall also be
subject, prior to issuance of patent therefor, to
the right of the United States, its permittees,
and licensees, to use so much of the surface
thereof as may be necessary for such purposes or
for access to adjacent land: Provided, however,
That any use of the surface of any such mining
claim by the United States, its permittees or licensees, shall be such as not to endanger or materially interfere with prospecting, mining or
processing operations or uses reasonably incident thereto: Provided further, That if at any
time the locator requires more timber for his
mining operations than is available to him from
the claim after disposition of timber therefrom
by the United States, subsequent to the location
of the claim, he shall be entitled, free of charge,
to be supplied with timber for such requirements from the nearest timber administered by
the disposing agency which is ready for harvesting under the rules and regulations of that agency and which is substantially equivalent in kind
and quantity to the timber estimated by the disposing agency to have been disposed of from the
claim: Provided further, That nothing in this subchapter and sections 601 and 603 of this title
shall be construed as affecting or intended to affect or in any way interfere with or modify the
laws of the States which lie wholly or in part
westward of the ninety-eighth meridian relating
to the ownership, control, appropriation, use,
and distribution of ground or surface waters
within any unpatented mining claim.
(c) Severance or removal of timber
Except to the extent required for the mining
claimant’s prospecting, mining or processing operations and uses reasonably incident thereto,
or for the construction of buildings or structures
in connection therewith, or to provide clearance
for such operations or uses, or to the extent authorized by the United States, no claimant of

Page 111

TITLE 30—MINERAL LANDS AND MINING

any mining claim hereafter located under the
mining laws of the United States shall, prior to
issuance of patent therefor, sever, remove, or
use any vegetative or other surface resources
thereof which are subject to management or disposition by the United States under subsection
(b) of this section. Any severance or removal of
timber which is permitted under the exceptions
of the preceding sentence, other than severance
or removal to provide clearance, shall be in accordance with sound principles of forest management.
(July 23, 1955, ch. 375, § 4, 69 Stat. 368.)
§ 613. Procedure for determining title uncertainties
(a) Notice to mining claimants; request; publication; service
The head of a Federal department or agency
which has the responsibility for administering
surface resources of any lands belonging to the
United States may file as to such lands in the
office of the Secretary of the Interior, or in such
office as the Secretary of the Interior may designate, a request for publication of notice to
mining claimants, for determination of surface
rights, which request shall contain a description
of the lands covered thereby, showing the section or sections of the public land surveys which
embrace the lands covered by such request, or if
such lands are unsurveyed, either the section or
sections which would probably embrace such
lands when the public land surveys are extended
to such lands or a tie by courses and distances
to an approved United States mineral monument.
The filing of such request for publication shall
be accompanied by an affidavit or affidavits of a
person or persons over twenty-one years of age
setting forth that the affiant or affiants have
examined the lands involved in a reasonable effort to ascertain whether any person or persons
were in actual possession of or engaged in the
working of such lands or any part thereof, and,
if no person or persons were found to be in actual possession of or engaged in the working of
said lands or any part thereof on the date of
such examination, setting forth such fact, or, if
any person or persons were so found to be in actual possession or engaged in such working on
the date of such examination, setting forth the
name and address of each such person, unless affiant shall have been unable through reasonable
inquiry to obtain information as to the name
and address of any such person, in which event
the affidavit shall set forth fully the nature and
results of such inquiry.
The filing of such request for publication shall
also be accompanied by the certificate of a title
or abstract company, or of a title abstractor, or
of an attorney, based upon such company’s abstractor’s, or attorney’s examination of those
instruments which are shown by the tract indexes in the county office of record as affecting
the lands described in said request, setting forth
the name of any person disclosed by said instruments to have an interest in said lands under
any unpatented mining claim heretofore located, together with the address of such person
if such address is disclosed by such instruments

§ 613

of record. ‘‘Tract indexes’’ as used herein shall
mean those indexes, if any, as to surveyed lands
identifying instruments as affecting a particular
legal subdivision of the public land surveys, and
as to unsurveyed lands identifying instruments
as affecting a particular probable legal subdivision according to a projected extension of the
public land surveys.
Thereupon the Secretary of the Interior, at
the expense of the requesting department or
agency, shall cause notice to mining claimants
to be published in a newspaper having general
circulation in the county in which the lands involved are situate.
Such notice shall describe the lands covered
by such request, as provided heretofore, and
shall notify whomever it may concern that if
any person claiming or asserting under, or by
virtue of, any unpatented mining claim heretofore located, rights as to such lands or any
part thereof, shall fail to file in the office where
such request for publication was filed (which office shall be specified in such notice) and within
one hundred and fifty days from the date of the
first publication of such notice (which date shall
be specified in such notice), a verified statement
which shall set forth, as to such unpatented
mining claim—
(1) the date of location;
(2) the book and page of recordation of the
notice or certificate of location;
(3) the section or sections of the public land
surveys which embrace such mining claims; or
if such lands are unsurveyed, either the section or sections which would probably embrace such mining claim when the public land
surveys are extended to such lands or a tie by
courses and distances to an approved United
States mineral monument;
(4) whether such claimant is a locator or
purchaser under such location; and
(5) the name and address of such claimant
and names and addresses so far as known to
the claimant of any other person or persons
claiming any interest or interests in or under
such unpatented mining claim;
such failure shall be conclusively deemed (i) to
constitute a waiver and relinquishment by such
mining claimant of any right, title, or interest
under such mining claim contrary to or in conflict with the limitations or restrictions specified in section 612 of this title as to hereafter located unpatented mining claims, and (ii) to constitute a consent by such mining claimant that
such mining claim, prior to issuance of patent
therefor, shall be subject to the limitations and
restrictions specified in section 612 of this title
as to hereafter located unpatented mining
claims, and (iii) to preclude thereafter, prior to
issuance of patent, any assertion by such mining
claimant of any right or title to or interest in or
under such mining claim contrary to or in conflict with the limitations or restrictions specified in section 612 of this title as to hereafter located unpatented mining claims.
If such notice is published in a daily paper, it
shall be published in the Wednesday issue for
nine consecutive weeks, or, if in a weekly paper,
in nine consecutive issues, or if in a semiweekly
or triweekly paper, in the issue of the same day
of each week for nine consecutive weeks.

§ 613

TITLE 30—MINERAL LANDS AND MINING

Within fifteen days after the date of first publication of such notice, the department or agency requesting such publication (1) shall cause a
copy of such notice to be personally delivered to
or to be mailed by registered mail or by certified
mail addressed to each person in possession or
engaged in the working of the land whose name
and address is shown by an affidavit filed as
aforesaid, and to each person who may have
filed, as to any lands described in said notice, a
request for notices, as provided in subsection (d)
of this section, and shall cause a copy of such
notice to be mailed by registered mail or by certified mail to each person whose name and address is set forth in the title or abstract company’s or title abstractor’s or attorney’s certificate filed as aforesaid, as having an interest in
the lands described in said notice under any unpatented mining claim heretofore located, such
notice to be directed to such person’s address as
set forth in such certificate; and (2) shall file in
the office where said request for publication was
filed an affidavit showing that copies have been
so delivered or mailed.
(b) Failure to file verified statement
If any claimant under any unpatented mining
claim heretofore located which embraces any of
the lands described in any notice published in
accordance with the provisions of subsection (a)
of this section, shall fail to file a verified statement, as provided in such subsection (a), within
one hundred and fifty days from the date of the
first publication of such notice, such failure
shall be conclusively deemed, except as otherwise provided in subsection (e) of this section, (i)
to constitute a waiver and relinquishment by
such mining claimant of any right, title, or interest under such mining claim contrary to or in
conflict with the limitations or restrictions
specified in section 612 of this title as to hereafter located unpatented mining claims, and (ii)
to constitute a consent by such mining claimant
that such mining claim, prior to issuance of patent therefor, shall be subject to the limitations
and restrictions specified in section 612 of this
title as to hereafter located unpatented mining
claims, and (iii) to preclude thereafter, prior to
issuance of patent, any assertion by such mining
claimant of any right or title to or interest in or
under such mining claim contrary to or in conflict with the limitations or restrictions specified in section 612 of this title as to hereafter located unpatented mining claims.
(c) Hearings
If any verified statement shall be filed by a
mining claimant as provided in subsection (a) of
this section, then the Secretary of Interior shall
fix a time and place for a hearing to determine
the validity and effectiveness of any right or
title to, or interest in or under such mining
claim, which the mining claimant may assert
contrary to or in conflict with the limitations
and restrictions specified in section 612 of this
title as to hereafter located unpatented mining
claims, which place of hearing shall be in the
county where the lands in question or parts
thereof are located, unless the mining claimant
agrees otherwise. Where verified statements are
filed asserting rights to an aggregate of more
than twenty mining claims, any single hearing

Page 112

shall be limited to a maximum of twenty mining
claims unless the parties affected shall otherwise stipulate and as many separate hearing 1
shall be set as shall be necessary to comply with
this provision. The procedures with respect to
notice of such a hearing and the conduct thereof, and in respect to appeals shall follow the
then established general procedures and rules of
practice of the Department of the Interior in respect to contests or protests affecting public
lands of the United States. If, pursuant to such
a hearing the final decision rendered in the matter shall affirm the validity and effectiveness of
any mining claimant’s so asserted right or interest under the mining claim, then no subsequent proceedings under this section shall have
any force or effect upon the so-affirmed right or
interest of such mining claimant under such
mining claim. If at any time prior to a hearing
the department or agency requesting publication of notice and any person filing a verified
statement pursuant to such notice shall so stipulate, then to the extent so stipulated, but only
to such extent, no hearing shall be held with respect to rights asserted under that verified
statement, and to the extent defined by the stipulation the rights asserted under that verified
statement shall be deemed to be unaffected by
that particular published notice.
(d) Request for copy of notice
Any person claiming any right under or by virtue of any unpatented mining claim heretofore
located and desiring to receive a copy of any notice to mining claimants which may be published as provided in subsection (a) of this section, and which may affect lands embraced in
such mining claim, may cause to be filed for
record in the county office of record where the
notice or certificate of location of such mining
claim shall have been recorded, a duly acknowledged request for a copy of any such notice.
Such request for copies shall set forth the name
and address of the person requesting copies and
shall also set forth, as to each heretofore located unpatented mining claim under which
such person asserts rights—
(1) the date of location;
(2) the book and page of the recordation of
the notice or certificate of location; and
(3) the section or sections of the public land
surveys which embrace such mining claim; or
if such lands are unsurveyed, either the section or sections which would probably embrace such mining claim when the public land
surveys are extended to such lands or a tie by
courses and distances to an approved United
States mineral monument.
Other than in respect to the requirements of
subsection (a) of this section as to personal delivery or mailing of copies of notices and in respect to the provisions of subsection (e) of this
section, no such request for copies of published
notices and no statement or allegation in such
request and no recordation thereof shall affect
title to any mining claim or to any land or be
deemed to constitute constructive notice to any
person that the person requesting copies has, or
claims, any right, title, or interest in or under
any mining claim referred to in such request.
1 So

in original. Probably should be ‘‘hearings’’.

Page 113

TITLE 30—MINERAL LANDS AND MINING

(e) Failure to deliver or mail copy of notice
If any department or agency requesting publication shall fail to comply with the requirements of subsection (a) of this section as to the
personal delivery or mailing of a copy of notice
to any person, the publication of such notice
shall be deemed wholly ineffectual as to that
person or as to the rights asserted by that person and the failure of that person to file a verified statement, as provided in such notice, shall
in no manner affect, diminish, prejudice or bar
any rights of that person.
(July 23, 1955, ch. 375, § 5, 69 Stat. 369; Pub. L.
86–507, § 1(26), June 11, 1960, 74 Stat. 201.)
AMENDMENTS
1960—Subsec. (a). Pub. L. 86–507 inserted ‘‘or by certified mail’’ after ‘‘registered mail’’ in two places in
last paragraph.

§ 614. Waiver of rights
The owner or owners of any unpatented mining claim heretofore located may waive and relinquish all rights thereunder which are contrary to or in conflict with the limitations or restrictions specified in section 612 of this title as
to hereafter located unpatented mining claims.
The execution and acknowledgment of such a
waiver and relinquishment by such owner or
owners and the recordation thereof in the office
where the notice or certificate of location of
such mining claim is of record shall render such
mining claim thereafter and prior to issuance of
patent subject to the limitations and restrictions in section 612 of this title in all respects as
if said mining claim had been located after July
23, 1955, but no such waiver or relinquishment
shall be deemed in any manner to constitute
any concession as to the date of priority of
rights under said mining claim or as to the validity thereof.
(July 23, 1955, ch. 375, § 6, 69 Stat. 372.)
§ 615. Limitation of existing rights
Nothing in this subchapter and sections 601
and 603 of this title shall be construed in any
manner to limit or restrict or to authorize the
limitation or restriction of any existing rights
of any claimant under any valid mining claim
heretofore located, except as such rights may be
limited or restricted as a result of a proceeding
pursuant to section 613 of this title, or as a result of a waiver and relinquishment pursuant to
section 614 of this title; and nothing in this subchapter and sections 601 and 603 of this title
shall be construed in any manner to authorized
inclusion in any patent hereafter issued under
the mining laws of the United States for any
mining claim heretofore or hereafter located, of
any reservation, limitation, or restriction not
otherwise authorized by law, or to limit or repeal any existing authority to include any reservation, limitation, or restriction in any such
patent, or to limit or restrict any use of the
lands covered by any patented or unpatented
mining claim by the United States, its lessees,
permittees, and licensees which is otherwise authorized by law.
(July 23, 1955, ch. 375, § 7, 69 Stat. 372.)

§ 621

CHAPTER 16—MINERAL DEVELOPMENT OF
LANDS WITHDRAWN FOR POWER DEVELOPMENT
Sec.

621.
622.
623.
624.
625.

Entry to lands reserved for power development.
Liability for damage, destruction, or loss of
claim.
Recording and reporting of unpatented
claims; time.
Protection of existing valid claims.
Prohibition of unspecified use.

§ 621. Entry to lands reserved for power development
(a) Conditions of entry
All public lands belonging to the United
States heretofore, now or hereafter withdrawn
or reserved for power development or power
sites shall be open to entry for location and patent of mining claims and for mining, development, beneficiation, removal, and utilization of
the mineral resources of such lands under applicable Federal statutes: Provided, That all power
rights to such lands shall be retained by the
United States: Provided further, That locations
made under this chapter within the revested Oregon and California Railroad and reconveyed
Coos Bay Wagon grant lands shall also be subject to the provisions of the Act of April 8, 1948,
Public Law 477 (Eightieth Congress, second session): And provided further, That nothing contained herein shall be construed to open for the
purposes described in this section any lands (1)
which are included in any project operating or
being constructed under a license or permit issued under the Federal Power Act [16 U.S.C. 791a
et seq.] or other Act of Congress, or (2) which are
under examination and survey by a prospective
licensee of the Federal Energy Regulatory Commission, if such prospective licensee holds an
uncanceled preliminary permit issued under the
Federal Power Act authorizing him to conduct
such examination and survey with respect to
such lands and such permit has not been renewed in the case of such prospective licensee
more than once.
(b) Placer claims; notice; hearing; order; rules
and regulations
The locator of a placer claim under this chapter, however, shall conduct no mining operations for a period of sixty days after the filing
of a notice of location pursuant to section 623 of
this title. If the Secretary of the Interior, within sixty days from the filing of the notice of location, notifies the locator by registered mail or
certified mail of the Secretary’s intention to
hold a public hearing to determine whether placer mining operations would substantially interfere with other uses of the land included within
the placer claim, mining operations on that
claim shall be further suspended until the Secretary has held the hearing and has issued an
appropriate order. The order issued by the Secretary of the Interior shall provide for one of the
following: (1) a complete prohibition of placer
mining; (2) a permission to engage in placer
mining upon the condition that the locator
shall, following placer operations, restore the
surface of the claim to the condition in which it

§ 622

TITLE 30—MINERAL LANDS AND MINING

was immediately prior to those operations; or
(3) a general permission to engage in placer mining. No order by the Secretary with respect to
such operations shall be valid unless a certified
copy is filed in the same State or county office
in which the locator’s notice of location has
been filed in compliance with the United States
mining laws.
The Secretary shall establish such rules and
regulations as he deems desirable concerning
bonds and deposits with respect to the restoration of lands to their condition prior to placer
mining operations. Moneys received from any
bond or deposit shall be used for the restoration
of the surface of the claim involved, and any
money received in excess of the amount needed
for the restoration of the surface of that claim
shall be refunded.
(c) Validity of withdrawals unaffected
Nothing in this chapter shall affect the validity of withdrawals or reservations for purposes
other than power development.
(Aug. 11, 1955, ch. 797, § 2, 69 Stat. 682; Pub. L.
86–507, § 1(27), June 11, 1960, 74 Stat. 202; Pub. L.
95–91, title IV, § 402(a)(1)(A), title VII, §§ 703, 707,
Aug. 4, 1977, 91 Stat. 584, 606, 607.)
REFERENCES IN TEXT
Act of April 8, 1948, referred to in subsec. (a), is act
Apr. 8, 1948, ch. 179, 62 Stat. 162, which is not classified
to the Code.
The Federal Power Act, referred to in subsec. (a), is
act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
which is classified generally to chapter 12 (§ 791a et
seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16
and Tables.
AMENDMENTS
1960—Subsec. (b). Pub. L. 86–507 inserted ‘‘or certified
mail’’ after ‘‘registered mail’’.
SHORT TITLE
Section 1 of act Aug. 11, 1955, provided: ‘‘That this
Act [enacting this chapter] may be cited as the ‘Mining
Claims Rights Restoration Act of 1955’.’’
TRANSFER OF FUNCTIONS
‘‘Federal Energy Regulatory Commission’’ substituted for ‘‘Federal Power Commission’’ in subsec. (a)
pursuant to sections 402(a)(1)(A), 703, and 707 of Pub. L.
95–91, which are classified to sections 7172(a)(1)(A), 7293,
and 7297 of Title 42, The Public Health and Welfare, and
which terminated Federal Power Commission and
transferred its functions relating to licensing and permits for dams, reservoirs, or other works for development and improvement of navigation and for development and utilization of power across, along, from, or in
navigable waters under part I of Federal Power Act (16
U.S.C. 791a et seq.) to Federal Energy Regulatory Commission.

ity installed or erected, income, or other property or investments resulting from the actual
use of such lands or portions thereof for power
development at any time where such power development is made by or under the authority of
the United States, except where such damage,
destruction, or loss results from the negligence
of the United States, its permittees and licensees.
(Aug. 11, 1955, ch. 797, § 3, 69 Stat. 682.)
§ 623. Recording and reporting of unpatented
claims; time
The owner of any unpatented mining claim located on land described in section 621 of this
title shall file for record in the United States
district land office of the land district in which
the claim is situated (1) within one year after
August 11, 1955, as to any or all locations heretofore made, or within sixty days of location as
to locations hereafter made, a copy of the notice
of location of the claim; (2) within sixty days
after the expiration of any annual assessment
year, a statement as to the assessment work
done or improvements made during the previous
assessment year.
(Aug. 11, 1955, ch. 797, § 4, 69 Stat. 683.)
§ 624. Protection of existing valid claims
Nothing in this chapter contained shall be
construed to limit or restrict the rights of the
owner or owners of any valid mining claim located prior to the date of withdrawal or reservation: Provided, That nothing in this chapter
shall be construed to limit or restrict the rights
of the owner or owners of any mining claim who
are diligently working to make a discovery of
valuable minerals at the time any future withdrawal or reservation for power development is
made.
(Aug. 11, 1955, ch. 797, § 5, 69 Stat. 683.)
§ 625. Prohibition of unspecified use
Notwithstanding any other provisions of this
chapter, all mining claims and mill sites or mineral rights located under the terms of this chapter or otherwise contained on the public lands as
described in section 621 of this title shall be used
only for the purposes specified in section 621 of
this title and no facility or activity shall be
erected or conducted thereon for other purposes.
(Aug. 11, 1955, ch. 797, § 6, 69 Stat. 683.)
CHAPTER 17—EXPLORATION PROGRAM FOR
DISCOVERY OF MINERALS
Sec.

641.

§ 622. Liability for damage, destruction, or loss of
claim
Prospecting and exploration for and the development and utilization of mineral resources authorized in this chapter shall be entered into or
continued at the financial risk of the individual
party or parties undertaking such work: Provided, That the United States, its permittees and
licensees shall not be responsible or held liable
or incur any liability for the damage, destruction, or loss of any mining claim, mill site, facil-

Page 114

642.
643.
644.
645.
646.

Establishment and maintenance of program
for exploration; financial assistance.
Exploration contracts.
‘‘Exploration’’ defined.
Advice and assistance by Government departments and agencies; expenditure of funds.
Repealed.
Authorization of appropriations.

§ 641. Establishment and maintenance of program for exploration; financial assistance
The Secretary of the Interior is hereby authorized and directed, in order to provide for dis-

Page 115

TITLE 30—MINERAL LANDS AND MINING

covery of additional domestic mineral reserves,
to establish and maintain a program for exploration by private industry within the United
States, its Territories and possessions for such
minerals, excluding organic fuels, as he shall
from time to time designate, and to provide Federal financial assistance on a participating basis
for that purpose.
(Pub. L. 85–701, § 1, Aug. 21, 1958, 72 Stat. 700.)
CONGRESSIONAL DECLARATION OF POLICY
The recital clause of Pub. L. 85–701, which preceded
section 1, provided: ‘‘That it is declared to be the policy
of the Congress to stimulate exploration for minerals
within the United States, its Territories and possessions.’’

§ 642. Exploration contracts
(a) Terms and conditions; interest rates
In order to carry out the purposes of this chapter, and subject to the provisions of this section,
the Secretary is authorized to enter into exploration contracts with individuals, partnerships,
corporations, or other legal entities which shall
provide for such Federal financial participation
as he deems in the national interest. Such contracts shall contain terms and conditions as the
Secretary deems necessary and appropriate, including terms and conditions for the repayment
of the Federal funds made available under any
contract together with interest thereon, as a
royalty on the value of the production from the
area described in the contract. Interest shall be
calculated from the date of the loan. Such interest shall be at rates which (1) are not less than
the rates of interest which the Secretary of the
Treasury shall determine the Department of the
Interior would have to pay if it borrowed such
funds from the Treasury of the United States,
taking into consideration current average yields
on outstanding marketable obligations of the
United States with maturities comparable to
the terms of the particular contracts involved
and (2) plus 2 per centum per annum in lieu of
recovering the cost of administering the particular contracts.
(b) Deposit of royalty payments
Royalty payments received under subsection
(a) of this section shall be covered into the miscellaneous receipts of the Treasury.
(c) Certification of exploration projects; payment
of royalties; time limitation on payment; royalty agreements
When in the opinion of the Secretary an
analysis and evaluation of the results of the exploration project disclose that mineral production from the area covered by the contract may
be possible he shall so certify within the time
specified in the contract. Upon certification,
payment of royalties shall be a charge against
production for the full period specified in the
contract or until the obligation has been discharged, but in no event shall such royalty payments continue for a period of more than twenty-five years from the date of contract. When
the Secretary determines not to certify he shall
promptly notify the contractor. When the Secretary deems it necessary and in the public interest, he may enter into royalty agreements to

§ 646

provide for royalty payments in the same manner as though the project had been certified.
(d) Production
No provision of this chapter, nor any rule or
regulation which may be issued by the Secretary shall be construed to require any production from the area described in the contract.
(e) Rules and regulations; adjustment of contracts
The Secretary shall establish and promulgate
such rules and regulations as may be necessary
to carry out the purposes of this chapter: Provided, however, That he may modify and adjust
the terms and conditions of any contract to reduce the amount and term of any royalty payment when he shall determine that such action
is necessary and in the public interest: Provided
further, That no such single contract shall authorize Government participation in excess of
$250,000.
(f) Availability of funds
No funds shall be made available under this
chapter unless the applicant shall furnish evidence that funds from commercial sources are
unavailable on reasonable terms.
(Pub. L. 85–701, § 2, Aug. 21, 1958, 72 Stat. 700.)
§ 643. ‘‘Exploration’’ defined
As used in this chapter, the term ‘‘exploration’’ means the search for new or unexplored
deposits of minerals, including related development work, within the United States, its Territories and possessions, whether conducted from
the surface or underground, using recognized
and sound procedures including standard geophysical and geochemical methods for obtaining
mineralogical and geological information.
(Pub. L. 85–701, § 3, Aug. 21, 1958, 72 Stat. 701.)
§ 644. Advice and assistance by Government departments and agencies; expenditure of
funds
Departments and agencies of the Government
are authorized to advise and assist the Secretary of the Interior, upon his request, in carrying out the provisions of this chapter and may
expend their funds for such purposes, with or
without reimbursement, in accordance with
such agreements as may be necessary.
(Pub. L. 85–701, § 4, Aug. 21, 1958, 72 Stat. 701.)
§ 645. Repealed. Pub. L. 93–608, § 1(13), Jan. 2,
1975, 88 Stat. 1969
Section, Pub. L. 85–701, § 5, Aug. 21, 1958, 72 Stat. 701;
Pub. L. 89–348, § 2(5), Nov. 8, 1965, 79 Stat. 1312, required
Secretary of the Interior to report to Congress on operations of programs authorized pursuant to this chapter.

§ 646. Authorization of appropriations
There are hereby authorized to be appropriated, from any funds in the Treasury not
otherwise appropriated, such sums as may be
necessary to carry out the provisions of this
chapter.
(Pub. L. 85–701, § 6, Aug. 21, 1958, 72 Stat. 701.)

TITLE 30—MINERAL LANDS AND MINING

§ 661

CHAPTER 18—COAL RESEARCH AND
DEVELOPMENT
Sec.

661.
662.
663, 664.
665.
666.
667.
668.

Short title; definitions.
Powers and duties of Secretary.
Repealed.
Sites for conducting research; availability of
personnel and facilities.
Public-availability requirement; national defense; patent agreements.
Repealed.
Authorization of appropriations.

§ 661. Short title; definitions
(a) This chapter may be cited as the ‘‘Coal Research and Development Act of 1960’’.
(b) In this chapter:
(1) The term ‘‘research’’ means scientific,
technical, and economic research and the
practical application of that research.
(2) The term ‘‘Secretary’’ means the Secretary of Energy.
(Pub. L. 86–599, § 1, as added Pub. L. 109–58, title
X, § 1009(a)(1)(A), Aug. 8, 2005, 119 Stat. 934.)
PRIOR PROVISIONS
A prior section 661, Pub. L. 86–599, § 1, July 7, 1960, 74
Stat. 336, defined terms for purposes of this chapter,
prior to repeal by Pub. L. 109–58, title X, § 1009(a)(1)(A),
Aug. 8, 2005, 119 Stat. 934.

§ 662. Powers and duties of Secretary
The Secretary shall—
(1) develop through research, new and more
efficient methods of mining, preparing, and
utilizing coal;
(2) contract for, sponsor, cosponsor, and promote the coordination of, research with recognized interested groups, including but not limited to, coal trade associations, coal research
associations, educational institutions, and
agencies of States and political subdivisions of
States;
(3) establish technical advisory committees
composed of recognized experts in various aspects of coal research to assist in the examination and evaluation of research progress and of
all research proposals and contracts and to insure the avoidance of duplication of research;
and
(4) cooperate to the fullest extent possible
with other departments, agencies, and independent establishments of the Federal Government and with State governments, and with
all other interested agencies, governmental
and nongovernmental.
(Pub. L. 86–599, § 2, July 7, 1960, 74 Stat. 336; Pub.
L. 109–58, title X, § 1009(a)(1)(B), Aug. 8, 2005, 119
Stat. 934.)

Page 116

the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2year period, or in the case of a committee established
by the Congress, its duration is otherwise provided by
law. Advisory committees established after Jan. 5, 1973,
to terminate not later than the expiration of the 2-year
period beginning on the date of their establishment,
unless, in the case of a committee established by the
President or an officer of the Federal Government, such
committee is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of
a committee established by the Congress, its duration
is otherwise provided by law. See section 14 of Pub. L.
92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix
to Title 5, Government Organization and Employees.

§§ 663, 664. Repealed. Pub. L. 109–58, title X,
§ 1009(a)(1)(C), Aug. 8, 2005, 119 Stat. 934
Section 663, Pub. L. 86–599, § 3, July 7, 1960, 74 Stat.
336, related to advisory committees appointed under
provisions of chapter.
Section 664, Pub. L. 86–599, § 4 (part), July 7, 1960, 74
Stat. 336, related to appointment of Director of Coal
Research.

§ 665. Sites for conducting research; availability
of personnel and facilities
Research authorized by this chapter may be
conducted wherever suitable personnel and facilities are available.
(Pub. L. 86–599, § 3, formerly § 5, July 7, 1960, 74
Stat. 337; renumbered § 3, Pub. L. 109–58, title X,
§ 1009(a)(1)(D), Aug. 8, 2005, 119 Stat. 934.)
PRIOR PROVISIONS
A prior section 3 of Pub. L. 86–599 was classified to
section 663 of this title, prior to repeal by Pub. L.
109–58, § 1009(a)(1)(C).

§ 666. Public-availability requirement; national
defense; patent agreements
No research shall be carried out, contracted
for, sponsored, cosponsored, or authorized under
authority of this chapter, unless all information, uses, products, processes, patents, and
other developments resulting from such research will (with such exceptions and limitations, if any, as the Secretary may find to be
necessary in the interest of national defense) be
available to the general public. Whenever in the
estimation of the Secretary the purposes of this
chapter would be furthered through the use of
patented processes or equipment, the Secretary
is authorized to enter into such agreements as
he deems necessary for the acquisition or use of
such patents on reasonable terms and conditions.
(Pub. L. 86–599, § 4, formerly § 6, July 7, 1960, 74
Stat. 337; renumbered § 4, Pub. L. 109–58, title X,
§ 1009(a)(1)(D), Aug. 8, 2005, 119 Stat. 934.)

AMENDMENTS
2005—Pub. L. 109–58 struck out ‘‘shall establish within
the Department of the Interior an Office of Coal Research, and through such Office’’ after ‘‘The Secretary’’
in introductory provisions.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period following Jan. 5, 1973, unless, in the case of a
committee established by the President or an officer of

PRIOR PROVISIONS
A prior section 4 of Pub. L. 86–599 was classified to
section 664 of this title, prior to repeal by Pub. L.
109–58, § 1009(a)(1)(C).

§ 667. Repealed. Pub. L. 109–58, title
§ 1009(a)(1)(C), Aug. 8, 2005, 119 Stat. 934

X,

Section, Pub. L. 86–599, § 7, July 7, 1960, 74 Stat. 337,
related to reports to President and Congress.

Page 117

TITLE 30—MINERAL LANDS AND MINING

§ 668. Authorization of appropriations

§ 702

December 31, 1969) under this chapter not later than
first day of March each year. See note for section 687
above.
Section 689, Pub. L. 87–347, § 9, Oct. 3, 1961, 75 Stat.
768; Pub. L. 89–238, § 1(5), Oct. 5, 1965, 79 Stat. 925, related to penalties for procuring a stabilization payment
(which terminated December 31, 1969) not entitled to
under this chapter and civil and criminal liability for
keeping a payment not entitled to under this chapter.
See note for section 687 above.

(a) Fiscal year beginning July 1, 1960
There is hereby authorized to be appropriated,
out of any money in the Treasury not otherwise
appropriated, to remain available until expended, not to exceed $2,000,000 to be used to
carry out the purposes of this chapter for the
fiscal year beginning July 1, 1960.
(b) Fiscal years beginning after June 30, 1961
There are hereby authorized to be appropriated for each fiscal year beginning after June
30, 1961, such sums as may be necessary to carry
out the purposes of this chapter.
(c) Availability of sums
Sums appropriated to carry out the purposes
of this chapter shall remain available until expended.

CHAPTER
20—CONVEYANCES
TO
OCCUPANTS OF UNPATENTED MINING CLAIMS

(Pub. L. 86–599, § 5, formerly § 8, July 7, 1960, 74
Stat. 337; renumbered § 5, Pub. L. 109–58, title X,
§ 1009(a)(1)(D), Aug. 8, 2005, 119 Stat. 934.)

705.

PRIOR PROVISIONS
A prior section 5 of Pub. L. 86–599 was renumbered
section 3 and is classified to section 665 of this title.

CHAPTER 19—LEAD AND ZINC
STABILIZATION PROGRAM
§§ 681 to 689. Omitted
CODIFICATION
Section 681, Pub. L. 87–347, § 1, Oct. 3, 1961, 75 Stat.
766, stated purpose of this chapter as establishment and
maintenance of a program of stabilization payments
(which terminated December 31, 1969) to small domestic
producers of lead and zinc ores and concentrates in
order to stabilize the mining of lead and zinc by such
producers. See note for section 687 below.
Section 682, Pub. L. 87–347, § 2, Oct. 3, 1961, 75 Stat.
766; Pub. L. 89–238, § 1(1), Oct. 5, 1965, 79 Stat. 925, provided for stabilization payments (which terminated December 31, 1969) and conditions and limitations of payments. See note for section 687 below.
Section 683, Pub. L. 87–347, § 3, Oct. 3, 1961, 75 Stat.
767; Pub. L. 89–238, § 1(2), Oct. 5, 1965, 79 Stat. 925, provided for additional limitations on payments which terminated on December 31, 1969. See note for section 687
below.
Section 684, Pub. L. 87–347, § 4, Oct. 3, 1961, 75 Stat.
767, authorized Secretary to promulgate such regulations and require such reports as deemed necessary to
carry out program of stabilization payments (which
terminated December 31, 1969) under this chapter. See
note for section 687 below.
Section 685, Pub. L. 87–347, § 5, Oct. 3, 1961, 75 Stat.
768, authorized Secretary to delegate functions relating
to stabilization payments (which terminated December
31, 1969) under this chapter to Administrator of General
Services. See note for section 687 below.
Section 686, Pub. L. 87–347, § 6, Oct. 3, 1961, 75 Stat.
768; Pub. L. 88–75, July 25, 1963, 77 Stat. 92; Pub. L.
89–238, § 1(3), Oct. 5, 1965, 79 Stat. 925, defined terms as
used in this chapter relating to stabilization payments
which terminated December 31, 1969. See note for section 687 below.
Section 687, Pub. L. 87–347, § 7, Oct. 3, 1961, 75 Stat.
768; Pub. L. 89–238, § 1(4), Oct. 5, 1965, 79 Stat. 925, provided that no payment be made under this chapter
after Dec. 31, 1969, but permitted authorized payment
only if application therefor was filed not later than
Mar. 31, 1970.
Section 688, Pub. L. 87–347, § 8, Oct. 3, 1961, 75 Stat.
768, required annual reports to Congress on operations
relating to stabilization payments (which terminated

Sec.

701.
702.
703.
704.

706.
707.
708.
709.

Authorization to convey; acreage limitations;
qualified applicants; payment; ‘‘qualified
officer of the United States’’ defined.
‘‘Qualified applicant’’ defined.
Withdrawal of lands in aid of a governmental
unit.
Purchase of substitute lands; limitations;
conditions; payment; conveyance of less
than a fee.
Purchase price of conveyed interest; installment payments.
Liabilities of occupants; trespass; limitations.
Reservation of mineral rights.
Assignments; succession.
Disposition of payments and fees.

§ 701. Authorization to convey; acreage limitations; qualified applicants; payment; ‘‘qualified officer of the United States’’ defined
The Secretary of the Interior may convey to
any occupant of an unpatented mining claim
which is determined by the Secretary to be invalid an interest, up to and including a fee simple, in and to an area within the claim of not
more than (a) five acres or (b) the acreage actually occupied by him, whichever is less. The Secretary may make a like conveyance to any occupant of an unpatented mining claim who, after
notice from a qualified officer of the United
States that the claim is believed to be invalid,
relinquishes to the United States all rights in
and to such claim which he may have under the
mining laws. Any conveyance authorized by this
section, however, shall be made only to a qualified applicant, as that term is defined in section
702 of this title, who applies therefor within the
period ending June 30, 1971, and upon payment of
an amount established in accordance with section 705 of this title.
As used in this section, the term ‘‘qualified officer of the United States’’ means the Secretary
of the Interior or an employee of the Department of the Interior so designated by him: Provided, That the Secretary may delegate his authority to designate qualified officers to the
head of any other department or agency of the
United States with respect to lands within the
administrative jurisdiction of that department
or agency.
(Pub. L. 87–851, § 1, Oct. 23, 1962, 76 Stat. 1127;
Pub. L. 90–111, § 1, Oct. 23, 1967, 81 Stat. 311.)
AMENDMENTS
1967—Pub. L. 90–111 extended from Oct. 23, 1967, to
June 30, 1971, the period in which qualified individuals
shall apply for conveyances authorized by this section.

§ 702. ‘‘Qualified applicant’’ defined
For the purposes of this chapter a qualified applicant is a residential occupant-owner, as of Oc-

§ 703

TITLE 30—MINERAL LANDS AND MINING

tober 23, 1962, of valuable improvements in an
unpatented mining claim which constitute for
him a principal place of residence and which he
and his predecessors in interest were in possession of for not less than seven years prior to
July 23, 1962.
(Pub. L. 87–851, § 2, Oct. 23, 1962, 76 Stat. 1127.)

Page 118

shall take into consideration any equities of the
applicant and his predecessors in interest, including conditions of prior use and occupancy.
In any event the purchase price for any interest
conveyed shall not exceed its fair market value
nor be less than $5 per acre. The Secretary may,
in his discretion, allow payment to be made in
installments.

§ 703. Withdrawal of lands in aid of a governmental unit

(Pub. L. 87–851, § 5, Oct. 23, 1962, 76 Stat. 1128.)

Where the lands for which application is made
under section 701 of this title have been withdrawn in aid of a function of a Federal department or agency other than the Department of
the Interior, or of a State, county, municipality,
water district, or other local governmental subdivision or agency, the Secretary of the Interior
may convey an interest therein only with the
consent of the head of the governmental unit
concerned and under such terms and conditions
as said head may deem necessary.

§ 706. Liabilities of occupants; trespass; limitations

(Pub. L. 87–851, § 3, Oct. 23, 1962, 76 Stat. 1127.)
§ 704. Purchase of substitute lands; limitations;
conditions; payment; conveyance of less than
a fee
(a) If the Secretary of the Interior determines
that conveyance of an interest under section 701
of this title is otherwise justified but the consent required by section 703 of this title is not
given, he may, in accordance with such procedural rules and regulations as he may prescribe,
grant the applicant a right to purchase, for residential use, an interest in another tract of land,
five acres or less in area, from tracts made
available by him for sale under this chapter (1)
from the unappropriated and unreserved lands of
the United States, or (2) from lands subject to
classification under section 315f of title 43. Said
right shall not be granted until arrangements
satisfactory to the Secretary have been made
for termination of the applicant’s occupancy of
his unpatented mining claim and for settlement
of any liability for the unauthorized use thereof
which may have been incurred and shall expire
five years from the date on which it was granted
unless sooner exercised. The amount to be paid
for the interest shall be determined in accordance with section 705 of this title.
(b) Any conveyance of less than a fee made
under this chapter shall include provision for removal from the tract of any improvements or
other property of the applicant at the close of
the period for which the conveyance is made, or
if it be an interest terminating on the death of
the applicant, within one year thereafter.
(Pub. L. 87–851, § 4, Oct. 23, 1962, 76 Stat. 1127.)
§ 705. Purchase price of conveyed interest; installment payments
The Secretary of the Interior, prior to any
conveyance under this chapter, shall determine
the fair market value of the interest to be conveyed, exclusive of the value of any improvements placed on the lands involved by the applicant or his predecessors in interest. Said value
shall be determined as of the date of appraisal.
In establishing the purchase price to be paid by
the applicant for the interest, the Secretary

(a) The execution of a conveyance as authorized by section 701 of this title shall not relieve
any occupant of the land conveyed of any liability, existing on the date of said conveyance, to
the United States for unauthorized use of the
land in and to which an interest is conveyed.
(b) Except where a mining claim embracing
land applied for under this chapter by a qualified applicant was located at a time when the
land included therein was withdrawn or otherwise not subject to such location, no trespass
charges shall be sought or collected by the
United States from any qualified applicant who
has filed an application for land in the mining
claim pursuant to this chapter, based upon occupancy of such claim, whether residential or
otherwise, for any period preceding the final administrative determination of the invalidity of
the mining claim by the Secretary of the Interior or the voluntary relinquishment of the mining claim, whichever occurs earlier. Nothing
contained in this chapter shall be construed as
creating any liability for trespass to the United
States which would not exist in the absence of
this chapter. Relief under this section shall be
limited to persons who file applications for conveyances pursuant to section 701 of this title
within the period ending June 30, 1971.
(Pub. L. 87–851, § 6, Oct. 23, 1962, 76 Stat. 1128;
Pub. L. 90–111, § 2, Oct. 23, 1967, 81 Stat. 311.)
AMENDMENTS
1967—Subsec. (b). Pub. L. 90–111 extended from Oct. 23,
1967 to June 30, 1971, the period in which relief shall be
accorded under this section to individuals who apply
for conveyances pursuant to section 701 of this title.

§ 707. Reservation of mineral rights
In any conveyance under this chapter the mineral interests of the United States in the lands
conveyed are reserved for the term of the estate
conveyed. Minerals locatable under the mining
laws or disposable under subchapter I of chapter
15 of this title, are withdrawn from all forms of
entry and appropriation for the term of the estate. The underlying oil, gas, and other leasable
minerals of the United States are reserved for
exploration and development purposes, but without the right of surface ingress and egress, and
may be leased by the Secretary under the mineral leasing laws.
(Pub. L. 87–851, § 7, Oct. 23, 1962, 76 Stat. 1128.)
§ 708. Assignments; succession
Rights and privileges to qualify as an applicant under this chapter shall not be assignable,
but may pass through devise or descent.

Page 119

TITLE 30—MINERAL LANDS AND MINING

(Pub. L. 87–851, § 8, Oct. 23, 1962, 76 Stat. 1128.)
§ 709. Disposition of payments and fees
Payments of filing fees and survey costs, and
the payments of the purchase price for patents
in fee shall be disposed of by the Secretary of
the Interior as are such fees, costs, and purchase
prices in the disposition of public lands. All payments and fees for occupancy in conveyances of
less than the fee, or for permits for life or shorter periods, shall be disposed of by the administering department or agency as are other receipts for the use of the lands involved.

Mines of Department of the Interior. See section 557a of
Title 29, Labor.
Section 737, Pub. L. 89–577, § 18, Sept. 16, 1966, 80 Stat.
784, related to non-applicability of Administrative Procedure Act to proceedings under chapter. See section
815 of this title.
Section 738, Pub. L. 89–577, § 19, Sept. 16, 1966, 80 Stat.
784, related to effect of chapter on State laws. See section 811 of this title.
Section 739, Pub. L. 89–577, § 20, Sept. 16, 1966, 80 Stat.
784, related to annual report of Secretary of the Interior to Congress. See section 557a of Title 29, Labor.
Section 740, Pub. L. 89–577, § 21, Sept. 16, 1966, 80 Stat.
784, authorized appropriations necessary to carry out
chapter. See section 824 of this title.

(Pub. L. 87–851, § 9, Oct. 23, 1962, 76 Stat. 1128.)

EFFECTIVE DATE OF REPEAL

CHAPTER 21—METAL AND NONMETALLIC
MINE SAFETY

Repeal effective 120 days after Nov. 9, 1977, see section
307 of Pub. L. 95–164, set out as an Effective Date of 1977
Amendment note under section 801 of this title.

§§ 721 to 740. Repealed. Pub. L. 95–164, title III,
§ 306(a), Nov. 9, 1977, 91 Stat. 1322

CHAPTER 22—MINE SAFETY AND HEALTH

This chapter, covering the operation of only metal
and nonmetallic mines, is covered by section 801 et seq.
of this title following the enactment of Pub. L. 95–164
which brought the operation of all coal and other mines
under a single legislative canopy.
Section 721, Pub. L. 89–577, § 2, Sept. 16, 1966, 80 Stat.
772, defined ‘‘commerce’’, ‘‘mine’’, ‘‘operator’’, ‘‘Secretary’’, and ‘‘Board’’. See section 802 of this title.
Section 722, Pub. L. 89–577, § 3, Sept. 16, 1966, 80 Stat.
773, described mines to be covered and empowered Secretary of the Interior to decline jurisdiction if effect of
the mine on commerce was not sufficiently substantial.
See section 801 et seq. of this title.
Section 723, Pub. L. 89–577, § 4, Sept. 16, 1966, 80 Stat.
773, related to investigations of metal and nonmetallic
mines to obtain information relating to health and
safety conditions. See section 811 of this title.
Section 724, Pub. L. 89–577, § 5, Sept. 16, 1966, 80 Stat.
773, related to admission of investigators to mines. See
section 813 of this title.
Section 725, Pub. L. 89–577, § 6, Sept. 16, 1966, 80 Stat.
774, related to development of health and safety standards. See section 811 of this title.
Section 726, Pub. L. 89–577, § 7, Sept. 16, 1966, 80 Stat.
775, related to advisory committees. See section 812 of
this title.
Section 727, Pub. L. 89–577, § 8, Sept. 16, 1966, 80 Stat.
775, related to findings and orders. See section 814 of
this title.
Section 728, Pub. L. 89–577, § 9, Sept. 16, 1966, 80 Stat.
777, related to review of orders by Secretary of the Interior. See section 815 of this title.
Section 729, Pub. L. 89–577, § 10, Sept. 16, 1966, 80 Stat.
778, created Federal Metal and Nonmetallic Mine Safety Board of Review. See section 823 of this title.
Section 730, Pub. L. 89–577, § 11, Sept. 16, 1966, 80 Stat.
779, related to review functions of Federal Metal and
Nonmetallic Mine Safety Board of Review. See section
823 of this title.
Section 731, Pub. L. 89–577, § 12, Sept. 16, 1966, 80 Stat.
781, related to judicial review of final orders of Federal
Metal and Nonmetallic Mine Safety Board of Review.
See section 816 of this title.
Section 732, Pub. L. 89–577, § 13, Sept. 16, 1966, 80 Stat.
782, related to accident and related reports to Secretary
of the Interior. See section 813 of this title.
Section 733, Pub. L. 89–577, § 14, Sept. 16, 1966, 80 Stat.
782, related to penalties to be imposed for violations of
the chapter. See section 820 of this title.
Section 734, Pub. L. 89–577, § 15, Sept. 16, 1966, 80 Stat.
782, related to programs of education and training for
employers and employees. See section 825 of this title.
Section 735, Pub. L. 89–577, § 16, Sept. 16, 1966, 80 Stat.
782, related to State plans and cooperation with State
agencies. See section 811 of this title.
Section 736, Pub. L. 89–577, § 17, Sept. 16, 1966, 80 Stat.
783, related to administration of chapter by Bureau of

Sec.

801.
802.
803.
804.

Congressional findings and declaration of purpose.
Definitions.
Mines subject to coverage.
Interim Compliance Panel.
SUBCHAPTER I—GENERAL

811.
812.
813.
814.
815.
816.
817.
818.
819.
820.
821.
822.
823.
823a.
824.
825.
826.

Mandatory safety and health standards.
Advisory committees.
Inspections,
investigations,
and
recordkeeping.
Citations and orders.
Procedure for enforcement.
Judicial review of Commission orders.
Procedures to counteract dangerous conditions.
Injunctions.
Posting of orders and decisions.
Penalties.
Entitlement of miners to full compensation.
Representation of Secretary in civil litigation by Solicitor of Labor.
Federal Mine Safety and Health Review Commission.
Principal office in District of Columbia; proceedings held elsewhere.
Authorization of appropriations.
Mandatory health and safety training.
Limitation on certain liability for rescue operations.

SUBCHAPTER II—INTERIM MANDATORY HEALTH
STANDARDS
841.
842.
843.
844.
845.
846.

Mandatory health standards for underground
mines; enforcement; review; purpose.
Dust concentration and respiratory equipment.
Medical examinations.
Rock dust and gas hazards; controls.
Dust standards in presence of quartz.
Noise standards; promulgation of new standards; tests; procedures; protective devices.

SUBCHAPTER III—INTERIM MANDATORY SAFETY
STANDARDS FOR UNDERGROUND COAL MINES
861.
862.
863.
864.
865.
866.
867.
868.
869.

Mandatory safety standards for underground
mines.
Roof support.
Ventilation.
Combustible materials and rock dusting.
Electrical equipment.
Trailing cables.
Grounding of equipment.
Underground high-voltage distribution.
Underground low- and medium-voltage alternating current circuits.

§ 801

TITLE 30—MINERAL LANDS AND MINING

Sec.

Sec.

870.
871.
872.
873.
874.
875.

961.

Trolley wires and trolley feeder wires.
Fire protection.
Maps.
Blasting and explosives.
Hoisting and mantrips.
Emergency shelters; construction; contents;
implementation plans.
876.
Communication facilities; locations and
emergency response plans.
877.
General safety provisions.
878.
Definitions.
SUBCHAPTER IV—BLACK LUNG BENEFITS
PART A—GENERAL PROVISIONS
901.
902.
903.
904.

Congressional findings and declaration of purpose; short title.
Definitions.
Field offices.
Repealed.

PART B—CLAIMS FOR BENEFITS FILED ON OR BEFORE
DECEMBER 31, 1973
921.
922.
923.
924.
924a.
925.

Regulations and presumptions.
Payment of benefits.
Filing of notice of claim.
Time for filing claims.
Repealed.
Procedure for the determination of claims
during transition period.

PART C—CLAIMS FOR BENEFITS AFTER DECEMBER 31,
1973
931.

Benefits under State workmen’s compensation laws.
932.
Failure to meet workmen’s compensation requirements.
932a.
Appointment of qualified individuals to hear
and determine claims for benefits.
933.
Duties of operators in States not qualifying
under workmen’s compensation laws.
934.
‘‘Fund’’ defined; liability of operators to
United States for repayments to fund; procedures applicable; rate of interest.
934a.
Repealed.
935.
Utilization of services of State and local
agencies.
936.
Regulations and reports.
937.
Contracts and grants.
938.
Miners suffering from pneumoconiosis; discrimination prohibited.
939.
Authorization of appropriations.
940.
Applicability of amendments to part B of this
subchapter to this part.
941.
Penalty for false statements or representations.
942.
Miner benefit entitlement reports; penalty
for failure or refusal to file.
943.
Black lung insurance program.
944.
Statement of reasons for denial of claim.
945.
Repealed.
SUBCHAPTER V—ADMINISTRATIVE PROVISIONS
951.
951a.
952.
953.
954.
955.
956.
957.
958.
959.
960.

Studies and research.
Health, Safety, and Mining Technology Research program.
Training and education.
Assistance to States.
Appointment of administrative personnel and
inspectors; qualifications; training programs.
State laws.
Applicability of administrative procedure
provisions.
Promulgation of regulations.
Annual reports to Congress; contents.
Study of coordination of Federal and State
activities; report.
Limitation on issuance of temporary restraining order or preliminary injunction.

962.

963.
964.
965.

Page 120

Functions transferred under 1977 amendments.
Acceptance of contributions and prosecution
of projects; cooperative programs to promote health and safety education and training; recognition and funding of Joseph A.
Holmes Safety Association; use of funds for
costs of mine rescue and survival operations.
Technical Study Panel.
Scholarships.
Brookwood-Sago Mine Safety Grants.

§ 801. Congressional findings and declaration of
purpose
Congress declares that—
(a) the first priority and concern of all in the
coal or other mining industry must be the
health and safety of its most precious resource—the miner;
(b) deaths and serious injuries from unsafe
and unhealthful conditions and practices in
the coal or other mines cause grief and suffering to the miners and to their families;
(c) there is an urgent need to provide more
effective means and measures for improving
the working conditions and practices in the
Nation’s coal or other mines in order to prevent death and serious physical harm, and in
order to prevent occupational diseases originating in such mines;
(d) the existence of unsafe and unhealthful
conditions and practices in the Nation’s coal
or other mines is a serious impediment to the
future growth of the coal or other mining industry and cannot be tolerated;
(e) the operators of such mines with the assistance of the miners have the primary responsibility to prevent the existence of such
conditions and practices in such mines;
(f) the disruption of production and the loss
of income to operators and miners as a result
of coal or other mine accidents or occupationally caused diseases unduly impedes and burdens commerce; and
(g) it is the purpose of this chapter (1) to establish interim mandatory health and safety
standards and to direct the Secretary of
Health and Human Services and the Secretary
of Labor to develop and promulgate improved
mandatory health or safety standards to protect the health and safety of the Nation’s coal
or other miners; (2) to require that each operator of a coal or other mine and every miner in
such mine comply with such standards; (3) to
cooperate with, and provide assistance to, the
States in the development and enforcement of
effective State coal or other mine health and
safety programs; and (4) to improve and expand, in cooperation with the States and the
coal or other mining industry, research and
development and training programs aimed at
preventing coal or other mine accidents and
occupationally caused diseases in the industry.
(Pub. L. 91–173, § 2, Dec. 30, 1969, 83 Stat. 742; Pub.
L. 95–164, title I, § 102(a), Nov. 9, 1977, 91 Stat.
1290; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979,
93 Stat. 695.)
REFERENCES IN TEXT
This chapter, referred to in par. (g), was in the original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83

Page 121

TITLE 30—MINERAL LANDS AND MINING

Stat. 742, known as the Federal Mine Safety and Health
Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out below and Tables.
AMENDMENTS
1977—Pars. (a) to (d), (f). Pub. L. 95–164, § 102(a)(1), inserted ‘‘or other’’ after ‘‘coal’’ wherever appearing.
Par. (g). Pub. L. 95–164, § 102(a)(1), (2), inserted ‘‘or
other’’ after ‘‘coal’’ wherever appearing and substituted
‘‘Secretary of Labor’’ for ‘‘Secretary of the Interior’’.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in par. (g) pursuant to section 509(b) of Pub. L.
96–88 which is classified to section 3508(b) of Title 20,
Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Section 307 of Pub. L. 95–164 provided that: ‘‘Except as
otherwise provided, this Act and the amendments made
by this Act [see Short Title of 1977 Amendment note
below] shall take effect 120 days after the date of enactment of this Act [Nov. 9, 1977]. The Secretary of Labor
and the Secretary of the Interior are authorized to establish such rules and regulations as may be necessary
for the efficient transfer of functions provided under
this Act. The amendment to the Federal Coal Mine
Health and Safety Act of 1969 made by section 202 of
this Act [amending section 842(e) of this title and repealing subsec. (k) of section 878 of this title] shall be
effective on the date of enactment [Nov. 9, 1977].’’
EFFECTIVE DATE
Section 509 of Pub. L. 91–173 provided that: ‘‘Except to
the extent an earlier date is specifically provided in
this Act [see Short Title note below], the provisions of
titles I and III of this Act [subchapters I and III of this
chapter] shall become operative ninety days after the
date of enactment of this Act [Dec. 30, 1969], and the
provisions of title II of this Act [subchapter II of this
chapter] shall become operative six months after the
date of enactment of this Act. The provisions of the
Federal Coal Mine Safety Act, as amended [section 451
et seq. of this title], are repealed on the operative date
of titles I and III of this Act except that such provisions shall continue to apply to any order, notice, decision, or finding issued under that Act prior to such operative date and to any proceedings related to such
order, notice, decision or findings. All other provisions
of this Act, shall be effective on the date of enactment
of this Act [Dec. 30, 1969].’’
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109–236, § 1, June 15, 2006, 120 Stat. 493, provided that: ‘‘This Act [enacting sections 826 and 963 to
965 of this title, amending sections 813, 818, 820, 825, and
876 of this title and section 671 of Title 29, Labor, and
enacting provisions set out as notes under this section
and sections 811 and 820 of this title] may be cited as
the ‘Mine Improvement and New Emergency Response
Act of 2006’ or the ‘MINER Act’.’’
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–275, § 1, Nov. 2, 2002, 116 Stat. 1925, provided that: ‘‘This Act [amending sections 902, 921 to 924,
925, 932a, and 936 of this title, repealing sections 904,
924a, and 945 of this title, and enacting provisions set
out as notes under sections 902 and 921 of this title]
may be cited as the ‘Black Lung Consolidation of Administrative Responsibility Act’.’’
SHORT TITLE OF 1981 AMENDMENT
Pub. L. 97–119, title II, § 201(a), Dec. 29, 1981, 95 Stat.
1643, provided that: ‘‘This title [amending sections 901,
902, 921 to 923, 932, and 940 of this title and enacting provisions set out as notes under section 901 of this title]

§ 802

may be cited as the ‘Black Lung Benefits Amendments
of 1981’.’’
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95–239, § 1, Mar. 1, 1978, 92 Stat. 95, provided
that: ‘‘This Act [enacting sections 903, 904, 924a, and 942
to 945 of this title, amending sections 901, 902, 921 to 924,
931, 932, 933, 937, 940, and 941 of this title, and enacting
provisions set out as notes under sections 901, 932a, and
934a of this title, section 4121 of Title 26, Internal Revenue Code, and section 675 of Title 29, Labor] may be
cited as the ‘Black Lung Benefits Reform Act of 1977’.’’
SHORT TITLE OF 1977 AMENDMENT
Section 1 of Pub. L. 95–164 provided: ‘‘That this Act
[enacting sections 822 to 825 and 961 of this title and
section 557a of Title 29, Labor, amending this section,
sections 802 to 804, 811 to 821, 842, 861, 878, 951 to 955, 958,
and 959 of this title, and sections 5314 and 5315 of Title
5, Government Organization and Employees, repealing
sections 721 to 740 of this title and section 1456a of Title
43, Public Lands, and enacting provisions set out as
notes under this section, section 954 of this title and
section 11 of former Title 31, Money and Finance] may
be cited as the ‘Federal Mine Safety and Health
Amendments Act of 1977’.’’
SHORT TITLE OF 1972 AMENDMENT
Pub. L. 92–303, § 1(a), May 19, 1972, 86 Stat. 150, provided: ‘‘That this Act [enacting sections 925 and 937 to
941 of this title, amending sections 901, 902, 921 to 924,
931, 932, 933, 934, and 936 of this title, and enacting provisions set out as notes under sections 921 to 923 of this
title] may be cited as the ‘Black Lung Benefits Act of
1972’.’’
SHORT TITLE
Section 1 of Pub. L. 91–173, as amended by Pub. L.
95–164, title I, § 101, Nov. 9, 1977, 91 Stat. 1290, provided:
‘‘That this Act [which was known as the Federal Coal
Mine Health and Safety Act of 1969 prior to the amendment by Pub. L. 95–164 and which enacted this chapter,
amended sections 633 and 636 of Title 15, Commerce and
Trade, repealed sections 451 to 460 and 471 to 483 of this
title, and enacted provisions set out as notes under this
section and section 636 of Title 15] may be cited as the
‘Federal Mine Safety and Health Act of 1977’.’’
For short title of subchapter IV of this chapter as the
‘‘Black Lung Benefits Act’’, see section 901(b) of this
title.
SEPARABILITY
Section 510 of Pub. L. 91–173 provided that: ‘‘If any
provision of this Act [see Short Title note set out
above], or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Act, or the application of such provision to
persons or circumstances other than those as to which
it is held invalid, shall not be affected thereby.’’
REQUIREMENT CONCERNING FAMILY LIAISONS
Pub. L. 109–236, § 7, June 15, 2006, 120 Stat. 500, provided that: ‘‘The Secretary of Labor shall establish a
policy that—
‘‘(1) requires the temporary assignment of an individual Department of Labor official to be a liaison
between the Department and the families of victims
of mine tragedies involving multiple deaths;
‘‘(2) requires the Mine Safety and Health Administration to be as responsive as possible to requests
from the families of mine accident victims for information relating to mine accidents; and
‘‘(3) requires that in such accidents, that the Mine
Safety and Health Administration shall serve as the
primary communicator with the operator, miners’
families, the press and the public.’’

§ 802. Definitions
For the purpose of this chapter, the term—

§ 803

TITLE 30—MINERAL LANDS AND MINING

(a) ‘‘Secretary’’ means the Secretary of
Labor or his delegate;
(b) ‘‘commerce’’ means trade, traffic, commerce, transportation, or communication
among the several States, or between a place
in a State and any place outside thereof, or
within the District of Columbia or a possession of the United States, or between points in
the same State but through a point outside
thereof;
(c) ‘‘State’’ includes a State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, and the Trust Territory of the Pacific Islands;
(d) ‘‘operator’’ means any owner, lessee, or
other person who operates, controls, or supervises a coal or other mine or any independent
contractor performing services or construction at such mine;
(e) ‘‘agent’’ means any person charged with
responsibility for the operation of all or a part
of a coal or other mine or the supervision of
the miners in a coal or other mine;
(f) ‘‘person’’ means any individual, partnership, association, corporation, firm, subsidiary
of a corporation, or other organization;
(g) ‘‘miner’’ means any individual working
in a coal or other mine;
(h)(1) ‘‘coal or other mine’’ means (A) an
area of land from which minerals are extracted in nonliquid form or, if in liquid form,
are extracted with workers underground, (B)
private ways and roads appurtenant to such
area, and (C) lands, excavations, underground
passageways, shafts, slopes, tunnels and workings, structures, facilities, equipment, machines, tools, or other property including impoundments, retention dams, and tailings
ponds, on the surface or underground, used in,
or to be used in, or resulting from, the work of
extracting such minerals from their natural
deposits in nonliquid form, or if in liquid form,
with workers underground, or used in, or to be
used in, the milling of such minerals, or the
work of preparing coal or other minerals, and
includes custom coal preparation facilities. In
making a determination of what constitutes
mineral milling for purposes of this chapter,
the Secretary shall give due consideration to
the convenience of administration resulting
from the delegation to one Assistant Secretary of all authority with respect to the
health and safety of miners employed at one
physical establishment;
(2) For purposes of subchapters II, III, and IV
of this chapter, ‘‘coal mine’’ means an area of
land and all structures, facilities, machinery,
tools, equipment, shafts, slopes, tunnels, excavations, and other property, real or personal,
placed upon, under, or above the surface of
such land by any person, used in, or to be used
in, or resulting from, the work of extracting in
such area bituminous coal, lignite, or anthracite from its natural deposits in the earth by
any means or method, and the work of preparing the coal so extracted, and includes custom
coal preparation facilities;
(i) ‘‘work of preparing the coal’’ means the
breaking, crushing, sizing, cleaning, washing,
drying, mixing, storing, and loading of bitu-

Page 122

minous coal, lignite, or anthracite, and such
other work of preparing such coal as is usually
done by the operator of the coal mine;
(j) ‘‘imminent danger’’ means the existence
of any condition or practice in a coal or other
mine which could reasonably be expected to
cause death or serious physical harm before
such condition or practice can be abated;
(k) ‘‘accident’’ includes a mine explosion,
mine ignition, mine fire, or mine inundation,
or injury to, or death of, any person;
(l) ‘‘mandatory health or safety standard’’
means the interim mandatory health or safety
standards established by subchapters II and III
of this chapter, and the standards promulgated
pursuant to subchapter I of this chapter;
(m) ‘‘Panel’’ means the Interim Compliance
Panel established by this chapter; and
(n) ‘‘Administration’’ means the Mine Safety
and Health Administration in the Department
of Labor.
(o) ‘‘Commission’’ means the Federal Mine
Safety and Health Review Commission.
(Pub. L. 91–173, § 3, Dec. 30, 1969, 83 Stat. 743; Pub.
L. 95–164, title I, § 102(b), Nov. 9, 1977, 91 Stat.
1290.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83
Stat. 742, known as the Federal Mine Safety and Health
Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 801 of this
title and Tables.
AMENDMENTS
1977—Par. (a). Pub. L. 95–164, § 102(b)(1), substituted
‘‘Secretary of Labor’’ for ‘‘Secretary of the Interior’’.
Par. (d). Pub. L. 95–164, § 102(b)(2), (4), substituted ‘‘supervises a coal or other mine or any independent contractor performing services or construction at such
mine’’ for ‘‘supervises a coal mine’’.
Pars. (e), (g). Pub. L. 95–164, § 102(b)(4), inserted ‘‘or
other’’ after ‘‘coal’’ wherever appearing.
Par. (h). Pub. L. 95–164, § 102(b)(3), added subpar. (1),
designated existing provisions as subpar. (2), and inserted ‘‘For purposes of subchapters II, III, and IV of
this chapter,’’ after ‘‘(2)’’.
Par. (j). Pub. L. 95–164, § 102(b)(4), inserted ‘‘or other’’
after ‘‘coal’’.
Pars. (n), (o). Pub. L. 95–164, § 102(b)(5), added pars. (n)
and (o).
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

§ 803. Mines subject to coverage
Each coal or other mine, the products of which
enter commerce, or the operations or products
of which affect commerce, and each operator of
such mine, and every miner in such mine shall
be subject to the provisions of this chapter.
(Pub. L. 91–173, § 4, Dec. 30, 1969, 83 Stat. 744; Pub.
L. 95–164, title I, § 102(c), Nov. 9, 1977, 91 Stat.
1291.)

Page 123

TITLE 30—MINERAL LANDS AND MINING
REFERENCES IN TEXT

This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83
Stat. 742, known as the Federal Mine Safety and Health
Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 801 of this
title and Tables.
AMENDMENTS
1977—Pub. L. 95–164 inserted ‘‘or other’’ after ‘‘coal’’.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 804. Interim Compliance Panel
(a) Establishment; composition
There is hereby established the Interim Compliance Panel, which shall be composed of five
members as follows:
(1) Assistant Secretary of Labor for Labor
Standards, Department of Labor, or his delegate;
(2) Director of the National Institute of
Standards and Technology, Department of
Commerce, or his delegate;
(3) Administrator of Consumer Protection
and Environmental Health Service, Department of Health and Human Services, or his
delegate;
(4) Director of the United States Bureau of
Mines, Department of the Interior, or his delegate; and
(5) Director of the National Science Foundation, or his delegate.
(b) Compensation; travel and subsistence expenses
Members of the Panel shall serve without
compensation in addition to that received in
their regular employment, but shall be entitled
to reimbursement for travel, subsistence, and
other necessary expenses incurred by them in
the performance of duties vested in the Panel.
(c) Cooperation of Federal agencies
Notwithstanding any other provision of law,
the Secretary of Health and Human Services,
the Secretary of Commerce, the Secretary of the
Interior, and the Secretary shall, upon request
of the Panel, provide the Panel such personnel
and other assistance as the Panel determines
necessary to enable it to carry out its functions
under this chapter.
(d) Quorum; voting; selection of chairman
Three members of the Panel shall constitute a
quorum for doing business. All decisions of the
Panel shall be by majority vote. The chairman
of the Panel shall be selected by the members
from among the membership thereof.
(e) Appointment of administrative law judges;
provisions applicable
The Panel is authorized to appoint as many
administrative law judges as are necessary for
proceedings required to be conducted in accordance with the provisions of this chapter. The
provisions applicable to administrative law
judges appointed under section 3105 of title 5

§ 804

shall be applicable to administrative law judges
appointed pursuant to this subsection.
(f) Functions; hearings; notice and review; termination; annual report
(1) It shall be the function of the Panel to
carry out the duties imposed on it pursuant to
this chapter and to provide an opportunity for a
public hearing, after notice, at the request of an
operator of the affected coal mine or the representative of the miners of such mine. Any operator or representative of miners aggrieved by
a final decision of the Panel may file a petition
for review of such decision under section 816 of
this title. The provisions of this section shall
terminate upon completion of the Panel’s functions as set forth under this chapter. Any hearing held pursuant to this subsection shall be of
record and the Panel shall make findings of fact
and shall issue a written decision incorporating
its findings therein in accordance with section
554 of title 5.
(2) The Panel shall make an annual report, in
writing, to the Secretary for transmittal by him
to the Congress concerning the achievement of
its purposes, and any other relevant information
(including any recommendations) which it
deems appropriate.
(Pub. L. 91–173, § 5, Dec. 30, 1969, 83 Stat. 744; Pub.
L. 95–164, title I, § 102(d), Nov. 9, 1977, 91 Stat.
1291; Pub. L. 95–251, § 2(a)(9), Mar. 27, 1978, 92
Stat. 183; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695; Pub. L. 100–418, title V,
§ 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L.
102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (c), (e), and (f)(1),
was in the original ‘‘this Act’’, meaning Pub. L. 91–173,
Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine
Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 801 of this title and Tables.
AMENDMENTS
1988—Subsec. (a)(2). Pub. L. 100–418 substituted ‘‘National Institute of Standards and Technology’’ for ‘‘Bureau of Standards’’.
1978—Subsec. (e). Pub. L. 95–251 substituted ‘‘administrative law judges’’ for ‘‘hearing examiners’’ wherever
appearing.
1977—Subsec. (c). Pub. L. 95–164 substituted ‘‘Secretary of the Interior’’ for ‘‘Secretary of Labor’’.
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted for
‘‘Bureau of Mines’’ in subsec. (a)(4) pursuant to section
10(b) of Pub. L. 102–285, set out as a note under section
1 of this title. For provisions relating to closure and
transfer of functions of the United States Bureau of
Mines, see Transfer of Functions note set out under
section 1 of this title.
‘‘Department of Health and Human Services’’ substituted for ‘‘Department of Health, Education, and
Welfare’’ in subsec. (a) and ‘‘Secretary of Health and
Human Services’’ substituted for ‘‘Secretary of Health,
Education, and Welfare’’ in subsec. (c) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section
3508(b) of Title 20, Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section

§ 811

TITLE 30—MINERAL LANDS AND MINING

307 of Pub. L. 95–164, set out as a note under section 801
of this title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (f)(2) of this section relating to transmitting
annual report to Congress, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 114 of House
Document No. 103–7.

SUBCHAPTER I—GENERAL
§ 811. Mandatory safety and health standards
(a) Development, promulgation, and revision
The Secretary shall by rule in accordance with
procedures set forth in this section and in accordance with section 553 of title 5 (without regard to any reference in such section to sections
556 and 557 of such title), develop, promulgate,
and revise as may be appropriate, improved
mandatory health or safety standards for the
protection of life and prevention of injuries in
coal or other mines.
(1) Whenever the Secretary, upon the basis of
information submitted to him in writing by an
interested person, a representative of any organization of employers or employees, a nationally
recognized standards-producing organization,
the Secretary of Health and Human Services,
the National Institute for Occupational Safety
and Health, or a State or political subdivision,
or on the basis of information developed by the
Secretary or otherwise available to him, determines that a rule should be promulgated in
order to serve the objectives of this chapter, the
Secretary may request the recommendation of
an advisory committee appointed under section
812(c) of this title. The Secretary shall provide
such an advisory committee with any proposals
of his own or of the Secretary of Health and
Human Services, together with all pertinent factual information developed by the Secretary or
the Secretary of Health and Human Services, or
otherwise available, including the results of research, demonstrations, and experiments. An advisory committee shall submit to the Secretary
its recommendations regarding the rule to be
promulgated within 60 days from the date of its
appointment or within such longer or shorter
period as may be prescribed by the Secretary,
but in no event for a period which is longer than
180 days. When the Secretary receives a recommendation, accompanied by appropriate criteria, from the National Institute for Occupational Safety and Health that a rule be promulgated, modified, or revoked, the Secretary must,
within 60 days after receipt thereof, refer such
recommendation to an advisory committee pursuant to this paragraph, or publish such as a
proposed rule pursuant to paragraph (2), or publish in the Federal Register his determination
not to do so, and his reasons therefor. The Secretary shall be required to request the recommendations of an advisory committee appointed
under section 812(c) of this title if the rule to be
promulgated is, in the discretion of the Secretary which shall be final, new in effect or application and has significant economic impact.
(2) The Secretary shall publish a proposed rule
promulgating, modifying, or revoking a manda-

Page 124

tory health or safety standard in the Federal
Register. If the Secretary determines that a rule
should be proposed and in connection therewith
has appointed an advisory committee as provided by paragraph (1), the Secretary shall publish a proposed rule, or the reasons for his determination not to publish such rule, within 60
days following the submission of the advisory
committee’s recommendation or the expiration
of the period of time prescribed by the Secretary
in such submission. In either event, the Secretary shall afford interested persons a period of
30 days after any such publication to submit
written data or comments on the proposed rule.
Such comment period may be extended by the
Secretary upon a finding of good cause, which
the Secretary shall publish in the Federal Register. Publication shall include the text of such
rules proposed in their entirety, a comparative
text of the proposed changes in existing rules,
and shall include a comprehensive index to the
rules, cross-referenced by subject matter.
(3) On or before the last day of the period provided for the submission of written data or comments under paragraph (2), any interested person may file with the Secretary written objections to the proposed mandatory health or safety standard, stating the grounds therefor and requesting a public hearing on such objections.
Within 60 days after the last day for filing such
objections, the Secretary shall publish in the
Federal Register a notice specifying the mandatory health or safety standard to which objections have been filed and a hearing requested,
and specifying a time and place for such hearing. Any hearing under this subsection for the
purpose of hearing relevant information shall
commence within 60 days after the date of publication of the notice of hearing. Hearings required by this subsection shall be conducted by
the Secretary, who may prescribe rules and
make rulings concerning procedures in such
hearings to avoid unnecessary cost or delay.
Subject to the need to avoid undue delay, the
Secretary shall provide for procedures that will
afford interested parties the right to participate
in the hearing, including the right to present
oral statements and to offer written comments
and data. The Secretary may require by subpoena the attendance of witnesses and the production of evidence in connection with any proceeding initiated under this section. If a person
refuses to obey a subpoena under this subsection, a United States district court within
the jurisdiction of which a proceeding under this
subsection is conducted may, upon petition by
the Secretary, issue an order requiring compliance with such subpoena. A transcript shall be
taken of any such hearing and shall be available
to the public.
(4)(A) Within 90 days after certification of the
record of the hearing held pursuant to paragraph
(3), the Secretary shall by rule promulgate,
modify, or revoke such mandatory health or
safety standards, and publish his reasons therefor.
(B) In the case of a proposed mandatory health
or safety standard to which objections requesting a public hearing have not been filed, the Secretary, within 90 days after the period for filing
such objections has expired, shall by rule pro-

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TITLE 30—MINERAL LANDS AND MINING

mulgate, modify, or revoke such mandatory
standards, and publish his reasons therefor.
(C) In the event the Secretary determines that
a proposed mandatory health or safety standard
should not be promulgated he shall, within the
times specified in subparagraphs (A) and (B)
publish his reasons for his determination.
(5) Any mandatory health or safety standard
promulgated as a final rule under this section
shall be effective upon publication in the Federal Register unless the Secretary specifies a
later date.
(6)(A) The Secretary, in promulgating mandatory standards dealing with toxic materials or
harmful physical agents under this subsection,
shall set standards which most adequately assure on the basis of the best available evidence
that no miner will suffer material impairment
of health or functional capacity even if such
miner has regular exposure to the hazards dealt
with by such standard for the period of his working life. Development of mandatory standards
under this subsection shall be based upon research, demonstrations, experiments, and such
other information as may be appropriate. In addition to the attainment of the highest degree of
health and safety protection for the miner,
other considerations shall be the latest available scientific data in the field, the feasibility of
the standards, and experience gained under this
and other health and safety laws. Whenever
practicable, the mandatory health or safety
standard promulgated shall be expressed in
terms of objective criteria and of the performance desired.
(B) The Secretary of Health and Human Services, as soon as possible after November 9, 1977,
but in no event later than 18 months after such
date and on a continuing basis thereafter, shall,
for each toxic material or harmful physical
agent which is used or found in a mine, determine whether such material or agent is potentially toxic at the concentrations in which it is
used or found in a mine. The Secretary of Health
and Human Services shall submit such determinations with respect to such toxic substances
or harmful physical agents to the Secretary.
Thereafter, the Secretary of Health and Human
Services shall submit to the Secretary all pertinent criteria regarding any such substances determined to be toxic or any such harmful agents
as such criteria are developed. Within 60 days
after receiving any criteria in accordance with
the preceding sentence relating to a toxic material or harmful physical agent which is not adequately covered by a mandatory health or safety
standard promulgated under this section, the
Secretary shall either appoint an advisory committee to make recommendations with respect
to a mandatory health or safety standard covering such material or agent in accordance with
paragraph (1), or publish a proposed rule promulgating such a mandatory health or safety standard in accordance with paragraph (2), or shall
publish his determination not to do so.
(7) Any mandatory health or safety standard
promulgated under this subsection shall prescribe the use of labels or other appropriate
forms of warning as are necessary to insure that
miners are apprised of all hazards to which they
are exposed, relevant symptoms and appropriate

§ 811

emergency treatment, and proper conditions and
precautions of safe use or exposure. Where appropriate, such mandatory standard shall also
prescribe suitable protective equipment and control or technological procedures to be used in
connection with such hazards and shall provide
for monitoring or measuring miner exposure at
such locations and intervals, and in such manner so as to assure the maximum protection of
miners. In addition, where appropriate, any such
mandatory standard shall prescribe the type and
frequency of medical examinations or other
tests which shall be made available, by the operator at his cost, to miners exposed to such hazards in order to most effectively determine
whether the health of such miners is adversely
affected by such exposure. Where appropriate,
the mandatory standard shall provide that
where a determination is made that a miner
may suffer material impairment of health or
functional capacity by reason of exposure to the
hazard covered by such mandatory standard,
that miner shall be removed from such exposure
and reassigned. Any miner transferred as a result of such exposure shall continue to receive
compensation for such work at no less than the
regular rate of pay for miners in the classification such miner held immediately prior to his
transfer. In the event of the transfer of a miner
pursuant to the preceding sentence, increases in
wages of the transferred miner shall be based
upon the new work classification. In the event
such medical examinations are in the nature of
research, as determined by the Secretary of
Health and Human Services, such examinations
may be furnished at the expense of the Secretary of Health and Human Services. The results of examinations or tests made pursuant to
the preceding sentence shall be furnished only
to the Secretary or the Secretary of Health and
Human Services, and, at the request of the
miner, to his designated physician.
(8) The Secretary shall, to the extent practicable, promulgate separate mandatory health
or safety standards applicable to mine construction activity on the surface.
(9) No mandatory health or safety standard
promulgated under this subchapter shall reduce
the protection afforded miners by an existing
mandatory health or safety standard.
(b) Emergency temporary mandatory standards
(1) The Secretary shall provide, without regard to the requirements of chapter 5 of title 5
for an emergency temporary mandatory health
or safety standard to take immediate effect
upon publication in the Federal Register if he
determines (A) that miners are exposed to grave
danger from exposure to substances or agents
determined to be toxic or physically harmful, or
to other hazards, and (B) that such emergency
standard is necessary to protect miners from
such danger.
(2) A temporary mandatory health or safety
standard shall be effective until superseded by a
mandatory standard promulgated in accordance
with the procedures prescribed in paragraph (3)
of this subsection.
(3) Upon publication of such standard in the
Federal Register, the Secretary shall commence
a proceeding in accordance with subsection (a)

§ 811

TITLE 30—MINERAL LANDS AND MINING

of this section, and the standards as published
shall also serve as a proposed rule for the proceeding. The Secretary shall promulgate a mandatory health or safety standard under this
paragraph no later than nine months after publication of the emergency temporary standard as
provided in paragraph (2).
(c) Modification of standards
Upon petition by the operator or the representative of miners, the Secretary may modify
the application of any mandatory safety standard to a coal or other mine if the Secretary determines that an alternative method of achieving the result of such standard exists which will
at all times guarantee no less than the same
measure of protection afforded the miners of
such mine by such standard, or that the application of such standard to such mine will result in
a diminution of safety to the miners in such
mine. Upon receipt of such petition the Secretary shall publish notice thereof and give notice to the operator or the representative of
miners in the affected mine, as appropriate, and
shall cause such investigation to be made as he
deems appropriate. Such investigation shall provide an opportunity for a public hearing at the
request of such operator or representative or
other interested party, to enable the operator or
the representative of miners in such mine or
other interested party to present information
relating to the modification of such standard.
Before granting any exception to a mandatory
safety standard, the findings of the Secretary or
his authorized representative shall be made public and shall be available to the representative
of the miners at the affected mine. The Secretary shall issue a decision incorporating his
findings of fact therein, and send a copy thereof
to the operator or the representative of the miners, as appropriate. Any such hearing shall be of
record and shall be subject to section 554 of title
5.
(d) Judicial review
Any person who may be adversely affected by
a mandatory health or safety standard promulgated under this section may, at any time prior
to the sixtieth day after such standard is promulgated, file a petition challenging the validity of such mandatory standard with the United
States Court of Appeals for the District of Columbia Circuit or the circuit wherein such person resides or has his principal place of business,
for a judicial review of such standard. A copy of
the petition shall be forthwith transmitted by
the clerk of the court to the Secretary. The filing of such petition shall not, unless otherwise
ordered by the court, operate as a stay of the
standard. No objection that has not been urged
before the Secretary shall be considered by the
court, unless the failure or neglect to urge such
objection shall be excused for good cause shown.
The validity of any mandatory health or safety
standard shall not be subject to challenge on the
grounds that any of the time limitations in this
section have been exceeded. The procedures of
this subsection shall be the exclusive means of
challenging the validity of a mandatory health
or safety standard.

Page 126

(e) Distribution of copies of proposed standards
or regulations
The Secretary shall send a copy of every proposed mandatory health or safety standard or
regulation at the time of publication in the Federal Register to the operator of each coal or
other mine and the representative of the miners
at such mine and such copy shall be immediately posted on the bulletin board of the mine
by the operator or his agent, but failure to receive such notice shall not relieve anyone of the
obligation to comply with such standard or regulation.
(Pub. L. 91–173, title I, § 101, Dec. 30, 1969, 83 Stat.
745; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1291; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(1), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
1977—Subsec. (a). Pub. L. 95–164 substituted provisions revising and setting out in detail the procedures
to be followed by the Secretary of Labor in developing,
promulgating, and revising mandatory health and safety standards covering coal and other mines for provisions which had charged the Secretary of the Interior
with the responsibility of developing standards for the
protection of life and the prevention of injuries in coal
mines.
Subsec. (b). Pub. L. 95–164 substituted provisions relating to emergency temporary mandatory standards
for provisions requiring that improved standards not
reduce the previously existing level of health and safety in coal mines.
Subsec. (c). Pub. L. 95–164 substituted provisions relating to the modification of standards for provisions
covering the consultative and research steps in the promulgation of safety standards.
Subsec. (d). Pub. L. 95–164 substituted provisions relating to judicial review of standards for provisions
covering the consultative and research steps in the promulgation of health standards.
Subsec. (e). Pub. L. 95–164 redesignated subsec. (k) as
(e) and substituted ‘‘proposed mandatory health or
safety standard or regulation’’ for ‘‘proposed standard
or regulation’’ and ‘‘coal or other mine’’ for ‘‘coal
mine’’.
Subsecs. (f) to (j). Pub. L. 95–164 struck out subsecs.
(f) to (j) which had related to the submission of objections to proposed standards, hearings, the effective
date of standards, mandatory standards for surface coal
mines, and the publication of pre-existing consistent
regulations in the Federal Register and the continuing
effectiveness of those regulations until modified or superseded, and incorporated those provisions, as altered
to apply to coal and other mines and as otherwise revised, into subsec. (a).
Subsec. (k). Pub. L. 95–164 redesignated subsec. (k) as
(e).
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsec. (a)(1), (6)(B), and (7) pursuant to section
509(b) of Pub. L. 96–88 which is classified to section
3508(b) of Title 20, Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section

Page 127

TITLE 30—MINERAL LANDS AND MINING

307 of Pub. L. 95–164, set out as a note under section 801
of this title.
EFFECTIVE DATE
Subchapter operative 90 days after Dec. 30, 1969, except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L.
91–173, set out as a note under section 801 of this title.
SEALING OF ABANDONED AREAS
Pub. L. 109–236, § 10, June 15, 2006, 120 Stat. 501, provided that:‘‘Not later than 18 months after the issuance
by the Mine Safety and Health Administration of a
final report on the Sago Mine accident or the date of
enactment of the Mine Improvement and New Emergency Response Act of 2006 [June 15, 2006], whichever
occurs earlier, the Secretary of Labor shall finalize
mandatory heath and safety standards relating to the
sealing of abandoned areas in underground coal mines.
Such health and safety standards shall provide for an
increase in the 20 psi standard currently set forth in
section 75.335(a)(2) of title 30, Code of Federal Regulations.’’

§ 812. Advisory committees
(a) Committee on coal or other mine safety research; establishment; membership; chairman; functions; conflicts of interest
(1) The Secretary of the Interior shall appoint
an advisory committee on coal or other mine
safety research composed of—
(A) the Director of the Office of Science and
Technology or his delegate, with the consent
of the Director;
(B) the Director of the National Institute of
Standards and Technology, Department of
Commerce, or his delegate, with the consent of
the Director;
(C) the Director of the National Science
Foundation, or his delegate, with the consent
of the Director; and
(D) such other persons as the Secretary of
the Interior may appoint who are knowledgeable in the field of coal or other mine safety
research.
The Secretary of the Interior shall designate the
chairman of the committee.
(2) The advisory committee shall consult with,
and make recommendations to, the Secretary of
the Interior on matters involving or relating to
coal or other mine safety research. The Secretary of the Interior shall consult with, and
consider the recommendations of, such committee in the conduct of such research, the making
of any grants, and the entering into of contracts
for such research.
(3) The chairman of the committee and a majority of the persons appointed by the Secretary
of the Interior pursuant to paragraph (1)(D)
shall be individuals who have no economic interests in the coal or other mining industry, and
who are not operators, miners, or officers or employees of the Federal Government or any State
or local government.
(b) Committee on coal or other mine health research; establishment; membership; chairman; functions; conflicts of interest
(1) The Secretary of Health and Human Services shall appoint an advisory committee on
coal or other mine health research composed
of—

§ 812

(A) the Director, United States Bureau of
Mines, or his delegate, with the consent of the
Director;
(B) the Director of the National Science
Foundation, or his delegate, with the consent
of the Director;
(C) the Director of the National Institutes of
Health, or his delegate, with the consent of
the Director; and
(D) such other persons as the Secretary of
Health and Human Services may appoint who
are knowledgeable in the field of coal or other
mine health research.
The Secretary of Health and Human Services
shall designate the chairman of the committee.
(2) The advisory committee shall consult with,
and make recommendations to, the Secretary of
Health and Human Services on matters involving or relating to coal or other mine health research. The Secretary of Health and Human
Services shall consult with, and consider the
recommendations of, such committee in the conduct of such research, the making of any grants,
and the entering into of contracts for such research.
(3) The chairman of the committee and a majority of the persons appointed by the Secretary
of Health and Human Services pursuant to paragraph (1)(D) shall be individuals who have no
economic interests in the coal or other mining
industry, and who are not operators, miners, or
officers or employees of the Federal Government
or any State or local government.
(c) Additional advisory committees; chairman;
conflicts of interest
The Secretary or the Secretary of Health and
Human Services may appoint other advisory
committees as he deems appropriate to advise
him in carrying out the provisions of this chapter. The Secretary or the Secretary of Health
and Human Services, as the case may be, shall
appoint the chairman of each such committee. A
majority of the members (including the chairman) of any such advisory committee appointed
pursuant to this subsection shall be composed of
individuals who have no economic interests in
the coal or other mining industry, and who are
not operators, miners, or officers or employees
of the Federal Government or any State or local
government.
(d) Compensation; travel and subsistence expenses
Advisory committee members, other than officers or employees of Federal, State, or local
governments, shall be, for each day (including
traveltime) during which they are performing
committee business, entitled to receive compensation at a rate fixed by the appropriate Secretary but not in excess of the maximum rate of
pay for grade GS–18 as provided in the General
Schedule under section 5332 of title 5, and shall,
notwithstanding the limitations of sections 5703
and 5704 of title 5, be fully reimbursed for travel,
subsistence, and related expenses.
(Pub. L. 91–173, title I, § 102, Dec. 30, 1969, 83 Stat.
747; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1295; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695; Pub. L. 100–418, title V,
§ 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L.
102–285, § 10(b), May 18, 1992, 106 Stat. 172.)

§ 813

TITLE 30—MINERAL LANDS AND MINING
REFERENCES IN TEXT

This chapter, referred to in subsec. (c), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
1988—Subsec. (a)(1)(B). Pub. L. 100–418 substituted
‘‘National Institute of Standards and Technology’’ for
‘‘National Bureau of Standards’’.
1977—Subsec. (a). Pub. L. 95–164 expanded the area of
coverage for the committee on mine safety research
from ‘‘coal mines’’ to ‘‘coal or other mines’’.
Subsec. (b). Pub. L. 95–164 expanded the area of coverage for the advisory committee on mine health research from ‘‘coal mines’’ to ‘‘coal or other mines’’.
Subsec. (c). Pub. L. 95–164 struck out ‘‘, who shall be
an individual who has no economic interest in the coal
mining industry, and who is not an operator, miner, or
an officer or employee of the Federal Government or
any State or local government’’ after ‘‘chairman of
each such committee’’ and inserted ‘‘(including the
chairman)’’ after ‘‘A majority of the members’’.
Subsec. (d). Pub. L. 95–164 reenacted subsec. (d) without change.
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted for
‘‘Bureau of Mines’’ in subsec. (b)(1)(A) pursuant to section 10(b) of Pub. L. 102–285, set out as a note under section 1 of this title. For provisions relating to closure
and transfer of functions of the United States Bureau
of Mines, see Transfer of Functions note set out under
section 1 of this title.
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsecs. (b) and (c) pursuant to section 509(b)
of Pub. L. 96–88 which is classified to section 3508(b) of
Title 20, Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.
TRANSFER OF FUNCTIONS
Functions vested by law in Office of Science and
Technology and in Director or Deputy Director of Office of Science and Technology transferred to Director
of National Science Foundation, and Office of Science
and Technology, including offices of Director and Deputy Director, provided for by sections 1 and 2 of Reorg.
Plan No. 2, of 1962, eff. June 8, 1962, 27 F.R. 5419, 76 Stat.
1253, abolished by sections 2 and 3(a)(5) of Reorg. Plan
No. 1 of 1973, eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089,
both set out in the Appendix to Title 5, Government Organization and Employees.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period following Jan. 5, 1973, unless, in the case of a
committee established by the President or an officer of
the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2year period, or in the case of a committee established
by the Congress, its duration is otherwise provided by
law. Advisory committees established after Jan. 5, 1973,
to terminate not later than the expiration of the 2-year
period beginning on the date of their establishment,
unless, in the case of a committee established by the
President or an officer of the Federal Government, such
committee is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of

Page 128

a committee established by the Congress, its duration
is otherwise provided by law. See section 14 of Pub. L.
92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix
to Title 5, Government Organization and Employees.
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.

§ 813. Inspections, investigations, and recordkeeping
(a) Purposes; advance notice; frequency; guidelines; right of access
Authorized representatives of the Secretary or
the Secretary of Health and Human Services
shall make frequent inspections and investigations in coal or other mines each year for the
purpose of (1) obtaining, utilizing, and disseminating information relating to health and safety
conditions, the causes of accidents, and the
causes of diseases and physical impairments
originating in such mines, (2) gathering information with respect to mandatory health or
safety standards, (3) determining whether an imminent danger exists, and (4) determining
whether there is compliance with the mandatory health or safety standards or with any citation, order, or decision issued under this subchapter or other requirements of this chapter.
In carrying out the requirements of this subsection, no advance notice of an inspection shall
be provided to any person, except that in carrying out the requirements of clauses (1) and (2) of
this subsection, the Secretary of Health and
Human Services may give advance notice of inspections. In carrying out the requirements of
clauses (3) and (4) of this subsection, the Secretary shall make inspections of each underground coal or other mine in its entirety at
least four times a year, and of each surface coal
or other mine in its entirety at least two times
a year. The Secretary shall develop guidelines
for additional inspections of mines based on criteria including, but not limited to, the hazards
found in mines subject to this chapter, and his
experience under this chapter and other health
and safety laws. For the purpose of making any
inspection or investigation under this chapter,
the Secretary, or the Secretary of Health and
Human Services, with respect to fulfilling his
responsibilities under this chapter, or any authorized representative of the Secretary or the
Secretary of Health and Human Services, shall
have a right of entry to, upon, or through any
coal or other mine.
(b) Notice and hearing; subpoenas; witnesses;
contempt
For the purpose of making any investigation
of any accident or other occurrence relating to
health or safety in a coal or other mine, the Secretary may, after notice, hold public hearings,
and may sign and issue subpoenas for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents, and administer oaths. Witnesses sum-

Page 129

TITLE 30—MINERAL LANDS AND MINING

moned shall be paid the same fees and mileage
that are paid witnesses in the courts of the
United States. In case of contumacy or refusal
to obey a subpoena served upon any person
under this section, the district court of the
United States for any district in which such person is found or resides or transacts business,
upon application by the United States and after
notice to such person, shall have jurisdiction to
issue an order requiring such person to appear
and give testimony before the Secretary or to
appear and produce documents before the Secretary, or both, and any failure to obey such
order of the court may be punished by such
court as a contempt thereof.
(c) Records of employee exposure to toxic materials or harmful physical agents; undue exposure
The Secretary, in cooperation with the Secretary of Health and Human Services, shall
issue regulations requiring operators to maintain accurate records of employee exposures to
potentially toxic materials or harmful physical
agents which are required to be monitored or
measured under any applicable mandatory
health or safety standard promulgated under
this chapter. Such regulations shall provide
miners or their representatives with an opportunity to observe such monitoring or measuring,
and to have access to the records thereof. Such
regulations shall also make appropriate provisions for each miner or former miner to have access to such records as will indicate his own exposure to toxic materials or harmful physical
agents. Each operator shall promptly notify any
miner who has been or is being exposed to toxic
materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable mandatory health or
safety standard promulgated under section 811
of this title, or mandated under subchapter II of
this chapter, and shall inform any miner who is
being thus exposed of the corrective action
being taken.
(d) Accident investigations; records
All accidents, including unintentional roof
falls (except in any abandoned panels or in areas
which are inaccessible or unsafe for inspections),
shall be investigated by the operator or his
agent to determine the cause and the means of
preventing a recurrence. Records of such accidents and investigations shall be kept and the
information shall be made available to the Secretary or his authorized representative and the
appropriate State agency. Such records shall be
open for inspection by interested persons. Such
records shall include man-hours worked and
shall be reported at a frequency determined by
the Secretary, but at least annually.
(e) Collecting information without unreasonable
burden on operators
Any information obtained by the Secretary or
by the Secretary of Health and Human Services
under this chapter shall be obtained in such a
manner as not to impose an unreasonable burden upon operators, especially those operating
small businesses, consistent with the underlying
purposes of this chapter. Unnecessary duplication of effort in obtaining information shall be
reduced to the maximum extent feasible.

§ 813

(f) Participation of representatives of operators
and miners in inspections
Subject to regulations issued by the Secretary, a representative of the operator and a
representative authorized by his miners shall be
given an opportunity to accompany the Secretary or his authorized representative during
the physical inspection of any coal or other
mine made pursuant to the provisions of subsection (a) of this section, for the purpose of aiding such inspection and to participate in pre- or
post-inspection conferences held at the mine.
Where there is no authorized miner representative, the Secretary or his authorized representative shall consult with a reasonable number of
miners concerning matters of health and safety
in such mine. Such representative of miners who
is also an employee of the operator shall suffer
no loss of pay during the period of his participation in the inspection made under this subsection. To the extent that the Secretary or authorized representative of the Secretary determines that more than one representative from
each party would further aid the inspection, he
can permit each party to have an equal number
of such additional representatives. However,
only one such representative of miners who is an
employee of the operator shall be entitled to
suffer no loss of pay during the period of such
participation under the provisions of this subsection. Compliance with this subsection shall
not be a jurisdictional prerequisite to the enforcement of any provision of this chapter.
(g) Immediate inspection; notice of violation or
danger; determination
(1) Whenever a repersentative 1 of the miners
or a miner in the case of a coal or other mine
where there is no such representative has reasonable grounds to believe that a violation of
this chapter or a mandatory health or safety
standard exists, or an imminent danger exists,
such miner or representative shall have a right
to obtain an immediate inspection by giving notice to the Secretary or his authorized representative of such violation or danger. Any
such notice shall be reduced to writing, signed
by the representative of the miners or by the
miner, and a copy shall be provided the operator
or his agent no later than at the time of inspection, except that the operator or his agent shall
be notified forthwith if the complaint indicates
that an imminent danger exists. The name of
the person giving such notice and the names of
individual miners referred to therein shall not
appear in such copy or notification. Upon receipt of such notification, a special inspection
shall be made as soon as possible to determine if
such violation or danger exists in accordance
with the provisions of this subchapter. If the
Secretary determines that a violation or danger
does not exist, he shall notify the miner or representative of the miners in writing of such determination.
(2) Prior to or during any inspection of a coal
or other mine, any representative of miners or a
miner in the case of a coal or other mine where
there is no such representative, may notify the
Secretary or any representative of the Secretary
1 So

in original. Probably should be ‘‘representative’’.

§ 813

TITLE 30—MINERAL LANDS AND MINING

responsible for conducting the inspection, in
writing, of any violation of this chapter or of
any imminent danger which he has reason to believe exists in such mine. The Secretary shall,
by regulation, establish procedures for informal
review of any refusal by a representative of the
Secretary to issue a citation with respect to any
such alleged violation or order with respect to
such danger and shall furnish the representative
of miners or miner requesting such review a
written statement of the reasons for the Secretary’s final disposition of the case.
(h) Records and reports; compilation and publication; availability
In addition to such records as are specifically
required by this chapter, every operator of a
coal or other mine shall establish and maintain
such records, make such reports, and provide
such information, as the Secretary or the Secretary of Health and Human Services may reasonably require from time to time to enable him
to perform his functions under this chapter. The
Secretary or the Secretary of Health and Human
Services is authorized to compile, analyze, and
publish, either in summary or detailed form,
such reports or information so obtained. Except
to the extent otherwise specifically provided by
this chapter, all records, information, reports,
findings, citations, notices, orders, or decisions
required or issued pursuant to or under this
chapter may be published from time to time,
may be released to any interested person, and
shall be made available for public inspection.
(i) Spot inspections
Whenever the Secretary finds that a coal or
other mine liberates excessive quantities of
methane or other explosive gases during its operations, or that a methane or other gas ignition
or explosion has occurred in such mine which resulted in death or serious injury at any time
during the previous five years, or that there exists in such mine some other especially hazardous condition, he shall provide a minimum of
one spot inspection by his authorized representative of all or part of such mine during every
five working days at irregular intervals. For
purposes of this subsection, ‘‘liberation of excessive quantities of methane or other explosive
gases’’ shall mean liberation of more than one
million cubic feet of methane or other explosive
gases during a 24-hour period. When the Secretary finds that a coal or other mine liberates
more than five hundred thousand cubic feet of
methane or other explosive gases during a 24hour period, he shall provide a minimum of one
spot inspection by his authorized representative
of all or part of such mine every 10 working days
at irregular intervals. When the Secretary finds
that a coal or other mine liberates more than
two hundred thousand cubic feet of methane or
other explosive gases during a 24-hour period, he
shall provide a minimum of one spot inspection
by his authorized representative of all or part of
such mine every 15 working days at irregular intervals.
(j) Accident notification; rescue and recovery activities
In the event of any accident occurring in any
coal or other mine, the operator shall notify the

Page 130

Secretary thereof and shall take appropriate
measures to prevent the destruction of any evidence which would assist in investigating the
cause or causes thereof. For purposes of the preceding sentence, the notification required shall
be provided by the operator within 15 minutes of
the time at which the operator realizes that the
death of an individual at the mine, or an injury
or entrapment of an individual at the mine
which has a reasonable potential to cause death,
has occurred. In the event of any accident occurring in a coal or other mine, where rescue and
recovery work is necessary, the Secretary or an
authorized representative of the Secretary shall
take whatever action he deems appropriate to
protect the life of any person, and he may, if he
deems it appropriate, supervise and direct the
rescue and recovery activities in such mine.
(k) Safety orders; recovery plans
In the event of any accident occurring in a
coal or other mine, an authorized representative
of the Secretary, when present, may issue such
orders as he deems appropriate to insure the
safety of any person in the coal or other mine,
and the operator of such mine shall obtain the
approval of such representative, in consultation
with appropriate State representatives, when
feasible, of any plan to recover any person in
such mine or to recover the coal or other mine
or return affected areas of such mine to normal.
(Pub. L. 91–173, title I, § 103, Dec. 30, 1969, 83 Stat.
749; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1297; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695; Pub. L. 109–236, § 5(a), June 15,
2006, 120 Stat. 498.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (c), and (e) to
(h), was in the original ‘‘this Act’’, meaning Pub. L.
91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal
Mine Safety and Health Act of 1977, which is classified
principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out
under section 801 of this title and Tables.
AMENDMENTS
2006—Subsec. (j). Pub. L. 109–236 inserted second sentence.
1977—Subsec. (a). Pub. L. 95–164 inserted provisions
authorizing representatives of the Secretary of Health,
Education, and Welfare to make inspections, expanded
the area of inspection and investigation to include
mines other than coal mines, inserted provisions requiring the inspection of surface mines at least two
times a year, inserted provisions requiring the development of guidelines for additional inspections of mines,
and inserted provisions, formerly contained in subsec.
(b), authorizing the entry to, upon, or through, any
coal or other mine for the purpose of making inspection
or investigation.
Subsec. (b). Pub. L. 95–164 redesignated subsec. (d) as
(b) and substituted ‘‘coal or other mine’’ for ‘‘coal
mine’’. Provisions of former subsec. (b) were incorporated into subsec. (a).
Subsecs. (c) to (e). Pub. L. 95–164 added subsecs. (c) to
(e), struck out former subsec. (c) which provided for the
utilization of facilities and personnel of other Federal
agencies, and redesignated former subsecs. (d) and (e)
as (b) and (j), respectively.
Subsec. (f). Pub. L. 95–164 redesignated subsec. (h) as
(f), inserted provision for a representative of the operator to accompany the Secretary or his representative
in the physical inspection of a mine, extended the provisions to cover mines other than coal mines, and in-

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TITLE 30—MINERAL LANDS AND MINING

serted provisions relating to the choice of the authorized representative of the miners, the representative’s
duties, and the choice of more than one representative.
Former subsec. (f) redesignated (k).
Subsec. (g). Pub. L. 95–164 designated existing provisions as par. (1), inserted provisions to par. (1) as so
designated which extended the right to an immediate
inspection to individual miners when there is no representative of the miners, provided for immediate notification to the mine operator or his agent if the complaint indicates that the danger is imminent, kept the
name of the person giving the notice and the names of
the individual miners off the copy or notification, and
required the Secretary to notify the miners or their
representatives if he determines that a violation or
danger does not exist, and added par. (2).
Subsec. (h). Pub. L. 95–164 added subsec. (h). The provisions of former subsec. (h), relating to the right of
the miners’ representative to accompany the authorized representative of the Secretary on the inspection,
were incorporated into subsec. (f).
Subsec. (i). Pub. L. 95–164 inserted definition of ‘‘liberation of excessive quantities of methane or other explosive gases’’ and inserted provisions for a reduced
schedule of one spot inspections in mines with liberation rates for methane or other explosive gases lower
than that required to qualify as ‘‘excessive’’.
Subsecs. (j), (k). Pub. L. 95–164 redesignated former
subsecs. (e) and (f) as (j) and (k), respectively.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsecs. (a), (c), (e), and (h) pursuant to section
509(b) of Pub. L. 96–88 which is classified to section
3508(b) of Title 20, Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 814. Citations and orders
(a) Issuance and form of citations; prompt issuance
If, upon inspection or investigation, the Secretary or his authorized representative believes
that an operator of a coal or other mine subject
to this chapter has violated this chapter, or any
mandatory health or safety standard, rule,
order, or regulation promulgated pursuant to
this chapter, he shall, with reasonable promptness, issue a citation to the operator. Each citation shall be in writing and shall describe with
particularity the nature of the violation, including a reference to the provision of the chapter,
standard, rule, regulation, or order alleged to
have been violated. In addition, the citation
shall fix a reasonable time for the abatement of
the violation. The requirement for the issuance
of a citation with reasonable promptness shall
not be a jurisdictional prerequisite to the enforcement of any provision of this chapter.
(b) Follow-up inspections; findings
If, upon any follow-up inspection of a coal or
other mine, an authorized representative of the
Secretary finds (1) that a violation described in
a citation issued pursuant to subsection (a) of
this section has not been totally abated within
the period of time as originally fixed therein or
as subsequently extended, and (2) that the period
of time for the abatement should not be further
extended, he shall determine the extent of the

§ 814

area affected by the violation and shall promptly issue an order requiring the operator of such
mine or his agent to immediately cause all persons, except those persons referred to in subsection (c) of this section, to be withdrawn from,
and to be prohibited from entering, such area
until an authorized representative of the Secretary determines that such violation has been
abated.
(c) Exempt persons
The following persons shall not be required to
be withdrawn from, or prohibited from entering,
any area of the coal or other mine subject to an
order issued under this section:
(1) any person whose presence in such area is
necessary, in the judgment of the operator or
an authorized representative of the Secretary,
to eliminate the condition described in the
order;
(2) any public official whose official duties
require him to enter such area;
(3) any representative of the miners in such
mine who is, in the judgment of the operator
or an authorized representative of the Secretary, qualified to make such mine examinations or who is accompanied by such a person
and whose presence in such area is necessary
for the investigation of the conditions described in the order; and
(4) any consultant to any of the foregoing.
(d) Findings of violations; withdrawal order
(1) If, upon any inspection of a coal or other
mine, an authorized representative of the Secretary finds that there has been a violation of
any mandatory health or safety standard, and if
he also finds that, while the conditions created
by such violation do not cause imminent danger,
such violation is of such nature as could significantly and substantially contribute to the cause
and effect of a coal or other mine safety or
health hazard, and if he finds such violation to
be caused by an unwarrantable failure of such
operator to comply with such mandatory health
or safety standards, he shall include such finding in any citation given to the operator under
this chapter. If, during the same inspection or
any subsequent inspection of such mine within
90 days after the issuance of such citation, an
authorized representative of the Secretary finds
another violation of any mandatory health or
safety standard and finds such violation to be
also caused by an unwarrantable failure of such
operator to so comply, he shall forthwith issue
an order requiring the operator to cause all persons in the area affected by such violation, except those persons referred to in subsection (c)
of this section to be withdrawn from, and to be
prohibited from entering, such area until an authorized representative of the Secretary determines that such violation has been abated.
(2) If a withdrawal order with respect to any
area in a coal or other mine has been issued pursuant to paragraph (1), a withdrawal order shall
promptly be issued by an authorized representative of the Secretary who finds upon any subsequent inspection the existence in such mine of
violations similar to those that resulted in the
issuance of the withdrawal order under paragraph (1) until such time as an inspection of
such mine discloses no similar violations. Fol-

§ 814

TITLE 30—MINERAL LANDS AND MINING

lowing an inspection of such mine which discloses no similar violations, the provisions of
paragraph (1) shall again be applicable to that
mine.
(e) Pattern of violations; abatement; termination
of pattern
(1) If an operator has a pattern of violations of
mandatory health or safety standards in the
coal or other mine which are of such nature as
could have significantly and substantially contributed to the cause and effect of coal or other
mine health or safety hazards, he shall be given
written notice that such pattern exists. If, upon
any inspection within 90 days after the issuance
of such notice, an authorized representative of
the Secretary finds any violation of a mandatory health or safety standard which could significantly and substantially contribute to the
cause and effect of a coal or other mine safety
or health hazard, the authorized representative
shall issue an order requiring the operator to
cause all persons in the area affected by such
violation, except those persons referred to in
subsection (c) of this section, to be withdrawn
from, and to be prohibited from entering, such
area until an authorized representative of the
Secretary determines that such violation has
been abated.
(2) If a withdrawal order with respect to any
area in a coal or other mine has been issued pursuant to paragraph (1), a withdrawal order shall
be issued by an authorized representative of the
Secretary who finds upon any subsequent inspection the existence in such mine of any violation of a mandatory health or safety standard
which could significantly and substantially contribute to the cause and effect of a coal or other
mine health or safety hazard. The withdrawal
order shall remain in effect until an authorized
representative of the Secretary determines that
such violation has been abated.
(3) If, upon an inspection of the entire coal or
other mine, an authorized representative of the
Secretary finds no violations of mandatory
health or safety standards that could significantly and substantially contribute to the cause
and effect of a coal or other mine health and
safety hazard, the pattern of violations that resulted in the issuance of a notice under paragraph (1) shall be deemed to be terminated and
the provisions of paragraphs (1) and (2) shall no
longer apply. However, if as a result of subsequent violations, the operator reestablishes a
pattern of violations, paragraphs (1) and (2) shall
again be applicable to such operator.
(4) The Secretary shall make such rules as he
deems necessary to establish criteria for determining when a pattern of violations of mandatory health or safety standards exists.
(f) Respirable dust concentrations; dust control
person or team
If, based upon samples taken, analyzed, and
recorded pursuant to section 842(a) of this title,
or samples taken during an inspection by an authorized representative of the Secretary, the applicable limit on the concentration of respirable
dust required to be maintained under this chapter is exceeded and thereby violated, the Secretary or his authorized representative shall
issue a citation fixing a reasonable time for the

Page 132

abatement of the violation. During such time,
the operator of the mine shall cause samples described in section 842(a) of this title to be taken
of the affected area during each production
shift. If, upon the expiration of the period of
time as originally fixed or subsequently extended, the Secretary or his authorized representative finds that the period of time should
not be further extended, he shall determine the
extent of the area affected by the violation and
shall promptly issue an order requiring the operator of such mine or his agent to cause immediately all persons, except those referred to in
subsection (c) of this section, to be withdrawn
from, and to be prohibited from entering, such
area until the Secretary or his authorized representative has reason to believe, based on actions taken by the operator, that such limit will
be complied with upon the resumption of production in such mine. As soon as possible after
an order is issued, the Secretary, upon request
of the operator, shall dispatch to the mine involved a person, or team of persons, to the extent such persons are available, who are knowledgeable in the methods and means of controlling and reducing respirable dust. Such person
or team of persons shall remain at the mine involved for such time as they shall deem appropriate to assist the operator in reducing respirable dust concentrations. While at the mine,
such persons may require the operator to take
such actions as they deem appropriate to insure
the health of any person in the coal or other
mine.
(g) Untrained miners
(1) If, upon any inspection or investigation
pursuant to section 813 of this title, the Secretary or an authorized representative shall find
employed at a coal or other mine a miner who
has not received the requisite safety training as
determined under section 825 of this title, the
Secretary or an authorized representative shall
issue an order under this section which declares
such miner to be a hazard to himself and to others, and requiring that such miner be immediately withdrawn from the coal or other mine,
and be prohibited from entering such mine until
an authorized representative of the Secretary
determines that such miner has received the
training required by section 825 of this title.
(2) No miner who is ordered withdrawn from a
coal or other mine under paragraph (1) shall be
discharged or otherwise discriminated against
because of such order; and no miner who is ordered withdrawn from a coal or other mine
under paragraph (1) shall suffer a loss of compensation during the period necessary for such
miner to receive such training and for an authorized representative of the Secretary to determine that such miner has received the requisite training.
(h) Duration of citations and orders
Any citation or order issued under this section
shall remain in effect until modified, terminated
or vacated by the Secretary or his authorized
representative, or modified, terminated or vacated by the Commission or the courts pursuant
to section 815 or 816 of this title.

Page 133

TITLE 30—MINERAL LANDS AND MINING

(Pub. L. 91–173, title I, § 104, Dec. 30, 1969, 83 Stat.
750; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1300.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (d)(1), and (f),
was in the original ‘‘this Act’’, meaning Pub. L. 91–173,
Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine
Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 801 of this title and Tables.
AMENDMENTS
1977—Subsec. (a). Pub. L. 95–164 substituted provisions directing the Secretary to issue a citation to the
operator based upon the belief of the Secretary or his
authorized representative, after inspection or investigation, that there has been a violation of this chapter
or any mandatory health or safety standard, rule,
order, or regulation for provisions that had related to
the issuance of a withdrawal order upon a finding that
an imminent danger existed.
Subsec. (b). Pub. L. 95–164 substituted provisions setting out the steps to be taken if, upon any follow-up inspection of a coal or other mine, the authorized representative of the Secretary finds that a citation violation has not been abated and that the time for abatement should not be extended for provisions that had set
out the steps to be taken in the case of a violation that
did not create an imminent danger.
Subsec. (c). Pub. L. 95–164 redesignated subsec. (d) as
(c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 95–164 redesignated subsec. (c) as
(d) and substituted reference to ‘‘citation’’ for reference to ‘‘notice’’. Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 95–164 substituted provisions relating to the steps to be taken if an operator has a pattern of violations of mandatory health or safety standards for provisions setting out the requisites of notices
and orders issued pursuant to this section.
Subsec. (f). Pub. L. 95–164 redesignated subsec. (i) as
(f). Former subsec. (f), relating to the delivery of notices and orders issued under this section, was incorporated into subsec. (a).
Subsec. (g). Pub. L. 95–164 added subsec. (g). Former
subsec. (g), relating to the modification and termination of notice, was incorporated into subsec. (h).
Subsec. (h). Pub. L. 95–164 added subsec. (h). Provisions of former subsec. (h), which related to steps to be
taken when a condition existed which could not be
abated through the use of existing technology, were
covered in the general revision of subsecs. (d) and (e).
Subsec. (i). Pub. L. 95–164 redesignated subsec. (i) as
(f).
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 815. Procedure for enforcement
(a) Notification of civil penalty; contest
If, after an inspection or investigation, the
Secretary issues a citation or order under section 814 of this title, he shall, within a reasonable time after the termination of such inspection or investigation, notify the operator by certified mail of the civil penalty proposed to be assessed under section 820(a) of this title for the
violation cited and that the operator has 30 days
within which to notify the Secretary that he
wishes to contest the citation or proposed assessment of penalty. A copy of such notification
shall be sent by mail to the representative of

§ 815

miners in such mine. If, within 30 days from the
receipt of the notification issued by the Secretary, the operator fails to notify the Secretary
that he intends to contest the citation or the
proposed assessment of penalty, and no notice is
filed by any miner or representative of miners
under subsection (d) of this section within such
time, the citation and the proposed assessment
of penalty shall be deemed a final order of the
Commission and not subject to review by any
court or agency. Refusal by the operator or his
agent to accept certified mail containing a citation and proposed assessment of penalty under
this subsection shall constitute receipt thereof
within the meaning of this subsection.
(b) Failure of operator to correct violation; notification; contest; temporary relief
(1)(A) If the Secretary has reason to believe
that an operator has failed to correct a violation
for which a citation has been issued within the
period permitted for its correction, the Secretary shall notify the operator by certified
mail of such failure and of the penalty proposed
to be assessed under section 820(b) of this title
by reason of such failure and that the operator
has 30 days within which to notify the Secretary
that he wishes to contest the Secretary’s notification of the proposed assessment of penalty. A
copy of such notification of the proposed assessment of penalty shall at the same time be sent
by mail to the representative of the mine employees. If, within 30 days from the receipt of
notification of proposed assessment of penalty
issued by the Secretary, the operator fails to notify the Secretary that he intends to contest the
notification of proposed assessment of penalty,
such notification shall be deemed a final order
of the Commission and not subject to review by
any court or agency. Refusal by the operator or
his agent to accept certified mail containing a
notification of proposed assessment of penalty
issued under this subsection shall constitute receipt thereof within the meaning of this subsection.
(B) In determining whether to propose a penalty to be assessed under section 820(b) of this
title, the Secretary shall consider the operator’s
history of previous violations, the appropriateness of such penalty to the size of the business
of the operator charged, whether the operator
was negligent, the effect on the operator’s ability to continue in business, the gravity of the
violation, and the demonstrated good faith of
the operator charged in attempting to achieve
rapid compliance after notification of a violation.
(2) An applicant may file with the Commission
a written request that the Commission grant
temporary relief from any modification or termination of any order or from any order issued
under section 814 of this title together with a detailed statement giving the reasons for granting
such relief. The Commission may grant such relief under such conditions as it may prescribe,
if—
(A) a hearing has been held in which all parties were given an opportunity to be heard;
(B) the applicant shows that there is substantial likelihood that the findings of the
Commission will be favorable to the applicant;
and

§ 815

TITLE 30—MINERAL LANDS AND MINING

(C) such relief will not adversely affect the
health and safety of miners.
No temporary relief shall be granted in the case
of a citation issued under subsection (a) or (f) of
section 814 of this title. The Commission shall
provide a procedure for expedited consideration
of applications for temporary relief under this
paragraph.
(c) Discrimination or interference prohibited;
complaint;
investigation;
determination;
hearing
(1) No person shall discharge or in any manner
discriminate against or cause to be discharged
or cause discrimination against or otherwise
interfere with the exercise of the statutory
rights of any miner, representative of miners or
applicant for employment in any coal or other
mine subject to this chapter because such
miner, representative of miners or applicant for
employment has filed or made a complaint
under or related to this chapter, including a
complaint notifying the operator or the operator’s agent, or the representative of the miners
at the coal or other mine of an alleged danger or
safety or health violation in a coal or other
mine, or because such miner, representative of
miners or applicant for employment is the subject of medical evaluations and potential transfer under a standard published pursuant to section 811 of this title or because such miner, representative of miners or applicant for employment has instituted or caused to be instituted
any proceeding under or related to this chapter
or has testified or is about to testify in any such
proceeding, or because of the exercise by such
miner, representative of miners or applicant for
employment on behalf of himself or others of
any statutory right afforded by this chapter.
(2) Any miner or applicant for employment or
representative of miners who believes that he
has been discharged, interfered with, or otherwise discriminated against by any person in violation of this subsection may, within 60 days
after such violation occurs, file a complaint
with the Secretary alleging such discrimination.
Upon receipt of such complaint, the Secretary
shall forward a copy of the complaint to the respondent and shall cause such investigation to
be made as he deems appropriate. Such investigation shall commence within 15 days of the
Secretary’s receipt of the complaint, and if the
Secretary finds that such complaint was not
frivolously brought, the Commission, on an expedited basis upon application of the Secretary,
shall order the immediate reinstatement of the
miner pending final order on the complaint. If
upon such investigation, the Secretary determines that the provisions of this subsection
have been violated, he shall immediately file a
complaint with the Commission, with service
upon the alleged violator and the miner, applicant for employment, or representative of miners alleging such discrimination or interference
and propose an order granting appropriate relief.
The Commission shall afford an opportunity for
a hearing (in accordance with section 554 of title
5 but without regard to subsection (a)(3) of such
section) and thereafter shall issue an order,
based upon findings of fact, affirming, modifying, or vacating the Secretary’s proposed order,

Page 134

or directing other appropriate relief. Such order
shall become final 30 days after its issuance. The
Commission shall have authority in such proceedings to require a person committing a violation of this subsection to take such affirmative
action to abate the violation as the Commission
deems appropriate, including, but not limited
to, the rehiring or reinstatement of the miner to
his former position with back pay and interest.
The complaining miner, applicant, or representative of miners may present additional evidence
on his own behalf during any hearing held pursuant to his 1 paragraph.
(3) Within 90 days of the receipt of a complaint
filed under paragraph (2), the Secretary shall notify, in writing, the miner, applicant for employment, or representative of miners of his determination whether a violation has occurred. If
the Secretary, upon investigation, determines
that the provisions of this subsection have not
been violated, the complainant shall have the
right, within 30 days of notice of the Secretary’s
determination, to file an action in his own behalf before the Commission, charging discrimination or interference in violation of paragraph
(1). The Commission shall afford an opportunity
for a hearing (in accordance with section 554 of
title 5 but without regard to subsection (a)(3) of
such section), and thereafter shall issue an
order, based upon findings of fact, dismissing or
sustaining the complainant’s charges and, if the
charges are sustained, granting such relief as it
deems appropriate, including, but not limited
to, an order requiring the rehiring or reinstatement of the miner to his former position with
back pay and interest or such remedy as may be
appropriate. Such order shall become final 30
days after its issuance. Whenever an order is issued sustaining the complainant’s charges under
this subsection, a sum equal to the aggregate
amount of all costs and expenses (including attorney’s fees) as determined by the Commission
to have been reasonably incurred by the miner,
applicant for employment or representative of
miners for, or in connection with, the institution and prosecution of such proceedings shall
be assessed against the person committing such
violation. Proceedings under this section shall
be expedited by the Secretary and the Commission. Any order issued by the Commission under
this paragraph shall be subject to judicial review in accordance with section 816 of this title.
Violations by any person of paragraph (1) shall
be subject to the provisions of sections 818 and
820(a) of this title.
(d) Contest proceedings; hearing; findings of
fact; affirmance, modification, or vacatur of
citation, order, or proposed penalty; procedure before Commission
If, within 30 days of receipt thereof, an operator of a coal or other mine notifies the Secretary that he intends to contest the issuance or
modification of an order issued under section 814
of this title, or citation or a notification of proposed assessment of a penalty issued under subsection (a) or (b) of this section, or the reasonableness of the length of abatement time fixed
in a citation or modification thereof issued
1 So

in original. Probably should be ‘‘this’’.

Page 135

TITLE 30—MINERAL LANDS AND MINING

under section 814 of this title, or any miner or
representative of miners notifies the Secretary
of an intention to contest the issuance, modification, or termination of any order issued
under section 814 of this title, or the reasonableness of the length of time set for abatement by
a citation or modification thereof issued under
section 814 of this title, the Secretary shall immediately advise the Commission of such notification, and the Commission shall afford an opportunity for a hearing (in accordance with section 554 of title 5, but without regard to subsection (a)(3) of such section), and thereafter
shall issue an order, based on findings of fact, affirming, modifying, or vacating the Secretary’s
citation, order, or proposed penalty, or directing
other appropriate relief. Such order shall become final 30 days after its issuance. The rules
of procedure prescribed by the Commission shall
provide affected miners or representatives of affected miners an opportunity to participate as
parties to hearings under this section. The Commission shall take whatever action is necessary
to expedite proceedings for hearing appeals of
orders issued under section 814 of this title.
(Pub. L. 91–173, title I, § 105, Dec. 30, 1969, 83 Stat.
753; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1303.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (c)(1), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
1977—Subsec. (a). Pub. L. 95–164 substituted provisions under which the Secretary must notify the operator of the civil penalty he proposes to assess following
the issuance of a citation or order and the operator
must give notice that he will contest the citation or
proposed assessment for provisions under which an operator was required to apply for review of an order issued under section 814 of this title and under which an
investigation was made, hearings held, and information
presented.
Subsec. (b). Pub. L. 95–164 substituted provisions relating to the steps to be taken following the failure of
the operator to correct violations, including provisions
relating to temporary relief formerly contained in subsec. (d), for provisions requiring the Secretary to make
findings of fact and to issue a written decision upon receiving the report of an investigation.
Subsec. (c). Pub. L. 95–164 added subsec. (c). Former
subsec. (c), directing the Secretary to take action
under this section as promptly as possible, was incorporated into a part of par. (3).
Subsec. (d). Pub. L. 95–164 added subsec. (d). Former
subsec. (d) redesignated (b)(2).
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 816. Judicial review of Commission orders
(a) Petition by person adversely affected or aggrieved; temporary relief
(1) Any person adversely affected or aggrieved
by an order of the Commission issued under this

§ 816

chapter may obtain a review of such order in
any United States court of appeals for the circuit in which the violation is alleged to have occurred or in the United States Court of Appeals
for the District of Columbia Circuit, by filing in
such court within 30 days following the issuance
of such order a written petition praying that the
order be modified or set aside. A copy of such petition shall be forthwith transmitted by the
clerk of the court to the Commission and to the
other parties, and thereupon the Commission
shall file in the court the record in the proceeding as provided in section 2112 of title 28. Upon
such filing, the court shall have exclusive jurisdiction of the proceeding and of the questions
determined therein, and shall have the power to
make and enter upon the pleadings, testimony,
and proceedings set forth in such record a decree
affirming, modifying, or setting aside, in whole
or in part, the order of the Commission and enforcing the same to the extent that such order is
affirmed or modified. No objection that has not
been urged before the Commission shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Commission with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall
be conclusive. If any party shall apply to the
court for leave to adduce additional evidence
and shall show to the satisfaction of the court
that such additional evidence is material and
that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Commission, the court may order such
additional evidence to be taken before the Commission and to be made a part of the record. The
Commission may modify its findings as to the
facts, or make new findings, by reason of additional evidence so taken and filed, and it shall
file such modified or new findings, which findings with respect to questions of fact, if supported by substantial evidence on the record
considered as a whole, shall be conclusive. The
Commission may modify or set aside its original
order by reason of such modified or new findings
of fact. Upon the filing of the record after such
remand proceedings, the jurisdiction of the
court shall be exclusive and its judgment and
degree shall be final, except that the same shall
be subject to review by the Supreme Court of
the United States, as provided in section 1254 of
title 28.
(2) In the case of a proceeding to review any
order or decision issued by the Commission
under this chapter, except an order or decision
pertaining to an order issued under section
817(a) of this title or an order or decision pertaining to a citation issued under section 814(a)
or (f) of this title, the court may, under such
conditions as it may prescribe, grant such temporary relief as it deems appropriate pending
final determination of the proceeding, if—
(A) all parties to the proceeding have been
notified and given an opportunity to be heard
on a request for temporary relief;
(B) the person requesting such relief shows
that there is a substantial likelihood that he
will prevail on the merits of the final determination of the proceeding; and

§ 817

TITLE 30—MINERAL LANDS AND MINING

(C) such relief will not adversely affect the
health and safety of miners in the coal or
other mine.
(3) In the case of a proceeding to review any
order or decision issued by the Panel under this
chapter, the court may, under such conditions
as it may prescribe, grant such temporary relief
as it deems appropriate pending final determination of the proceeding, if—
(A) all parties to the proceeding have been
notified and given an opportunity to be heard
on a request for temporary relief; and
(B) the person requesting such relief shows
that there is a substantial likelihood that he
will prevail on the merits of the final determination of the proceeding.
(b) Petition by Secretary for review or enforcement of final Commission orders
The Secretary may also obtain review or enforcement of any final order of the Commission
by filing a petition for such relief in the United
States court of appeals for the circuit in which
the alleged violation occurred or in the Court of
Appeals for the District of Columbia Circuit,
and the provisions of subsection (a) shall govern
such proceedings to the extent applicable. If no
petition for review, as provided in subsection (a)
of this section, is filed within 30 days after issuance of the Commission’s order, the Commission’s findings of fact and order shall be conclusive in connection with any petition for enforcement which is filed by the Secretary after the
expiration of such 30-day period. In any such
case, as well as in the case of a noncontested citation or notification by the Secretary which
has become a final order of the Commission
under subsection (a) or (b) of section 815 of this
title, the clerk of the court, unless otherwise ordered by the court, shall forthwith enter a decree enforcing the order and shall transmit a
copy of such decree to the Secretary and the operator named in the petition. In any contempt
proceeding brought to enforce a decree of a
court of appeals entered pursuant to this subsection or subsection (a) of this section, the
court of appeals may assess the penalties provided in section 820 of this title, in addition to
invoking any other available remedies.
(c) Stay of order or decision of Commission or
Panel
The commencement of a proceeding under this
section shall not, unless specifically ordered by
the court, operate as a stay of the order or decision of the Commission or the Panel.
(Pub. L. 91–173, title I, § 106, Dec. 30, 1969, 83 Stat.
754; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1306; Pub. L. 98–620, title IV, § 402(34), Nov.
8, 1984, 98 Stat. 3360.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
1984—Subsec. (a)(1). Pub. L. 98–620 struck out provision that petitions filed under this subsection had to be
heard expeditiously.

Page 136

1977—Subsec. (a)(1). Pub. L. 95–164 added subsec. (a)(1)
consisting of a revision of the provisions of former subsecs. (a), (b), (d), and (f) with additions to cover the proceedings in the reviewing court.
Subsec. (a)(2). Pub. L. 95–164 redesignated subsec.
(c)(1) as (a)(2) and substituted ‘‘issued by the Commission’’ for ‘‘issued by the Secretary’’ and ‘‘under section
817(a) of this title or an order or decision pertaining to
a citation issued under section 814(a) or (f) of this title’’
for ‘‘under section 814(a) of this title or an order or decision pertaining to a notice issued under section 814(b)
or (i) of this title’’ in the provisions preceding subpar.
(A).
Subsec. (a)(3). Pub. L. 95–164 redesignated subsec.
(c)(2) as (a)(3).
Subsec. (b). Pub. L. 95–164 added subsec. (b). Provisions of former subsec. (b) were incorporated as revised
into subsec. (a)(1).
Subsec. (c). Pub. L. 95–164 redesignated subsec. (e) as
(c). Former subsec. (c), which consisted of pars. (1) and
(2), redesignated (a)(2) and (3).
Subsec. (d). Pub. L. 95–164 struck out subsec. (d) and
incorporated its provisions, relating to review by the
Supreme Court, into subsec. (a)(1).
Subsec. (e). Pub. L. 95–164 redesignated subsec. (e) as
(c).
Subsec. (f). Pub. L. 95–164 struck out subsec. (f) which
related to the appointment of attorneys by the Secretary to represent him in proceedings instituted under
this section.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–620 not applicable to cases
pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620,
set out as a note under section 1657 of Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 817. Procedures to counteract dangerous conditions
(a) Withdrawal orders
If, upon any inspection or investigation of a
coal or other mine which is subject to this chapter, an authorized representative of the Secretary finds that an imminent danger exists,
such representative shall determine the extent
of the area of such mine throughout which the
danger exists, and issue an order requiring the
operator of such mine to cause all persons, except those referred to in section 814(c) of this
title, to be withdrawn from, and to be prohibited
from entering, such area until an authorized
representative of the Secretary determines that
such imminent danger and the conditions or
practices which caused such imminent danger
no longer exist. The issuance of an order under
this subsection shall not preclude the issuance
of a citation under section 814 of this title or the
proposing of a penalty under section 820 of this
title.
(b) Notice to mine operators; further investigation; findings and decision by Secretary
(1) If, upon any inspection of a coal or other
mine, an authorized representative of the Secretary finds (A) that conditions exist therein
which have not yet resulted in an imminent
danger, (B) that such conditions cannot be effectively abated through the use of existing technology, and (C) that reasonable assurance can-

Page 137

TITLE 30—MINERAL LANDS AND MINING

not be provided that the continuance of mining
operations under such conditions will not result
in an imminent danger, he shall determine the
area throughout which such conditions exist,
and thereupon issue a notice to the operator of
the mine or his agent of such conditions, and
shall file a copy thereof, incorporating his findings therein, with the Secretary and with the
representative of the miners of such mine. Upon
receipt of such copy, the Secretary shall cause
such further investigation to be made as he
deems appropriate, including an opportunity for
the operator or a representative of the miners to
present information relating to such notice.
(2) Upon the conclusion of an investigation
pursuant to paragraph (1), and an opportunity
for a public hearing upon request by any interested party, the Secretary shall make findings
of fact, and shall by decision incorporating such
findings therein, either cancel the notice issued
under this subsection or issue an order requiring
the operator of such mine to cause all persons in
the area affected, except those persons referred
to in subsection (c) of section 814 of this title to
be withdrawn from, and be prohibited from entering, such area until the Secretary, after a
public hearing affording all interested persons
an opportunity to present their views, determines that such conditions have been abated.
Any hearing under this paragraph shall be of
record and shall be subject to section 554 of title
5.
(c) Form and content of orders
Orders issued pursuant to subsection (a) of
this section shall contain a detailed description
of the conditions or practices which cause and
constitute an imminent danger and a description of the area of the coal or other mine from
which persons must be withdrawn and prohibited from entering.
(d) Findings; duration of orders
Each finding made and order issued under this
section shall be given promptly to the operator
of the coal or other mine to which it pertains by
the person making such finding or order, and all
of such findings and orders shall be in writing,
and shall be signed by the person making them.
Any order issued pursuant to subsection (a) of
this section may be modified or terminated by
an authorized representative of the Secretary.
Any order issued under subsection (a) or (b) of
this section shall remain in effect until vacated,
modified, or terminated by the Secretary, or
modified or vacated by the Commission pursuant to subsection (e) of this section, or by the
courts pursuant to section 816(a) of this title.
(e) Reinstatement, modification, and vacatur of
orders
(1) Any operator notified of an order under
this section or any representative of miners notified of the issuance, modification, or termination of such an order may apply to the Commission within 30 days of such notification for
reinstatement, modification or vacation of such
order. The Commission shall forthwith afford an
opportunity for a hearing (in accordance with
section 554 of title 5 but without regard to subsection (a)(3) of such section) and thereafter
shall issue an order, based upon findings of fact,

§ 818

vacating, affirming, modifying, or terminating
the Secretary’s order. The Commission and the
courts may not grant temporary relief from the
issuance of any order under subsection (a) of
this section.
(2) The Commission shall take whatever action is necessary to expedite proceedings under
this subsection.
(Pub. L. 91–173, title I, § 107, Dec. 30, 1969, 83 Stat.
755; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1307.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
1977—Pub. L. 95–164 substituted provisions relating to
the procedures to be followed to counteract dangerous
conditions in coal or other mines for provisions relating to the posting of notices, orders, and decisions at
coal mines, see section 819 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 818. Injunctions
(a) Civil action by Secretary
(1) The Secretary may institute a civil action
for relief, including a permanent or temporary
injunction, restraining order, or any other appropriate order in the district court of the
United States for the district in which a coal or
other mine is located or in which the operator of
such mine has his principal office, whenever
such operator or his agent—
(A) violates or fails or refuses to comply
with any order or decision issued under this
chapter, or fails or refuses to comply with any
order or decision, including a civil penalty assessment order, that is issued under this chapter,
(B) interferes with, hinders, or delays the
Secretary or his authorized representative, or
the Secretary of Health and Human Services
or his authorized representative, in carrying
out the provisions of this chapter,
(C) refuses to admit such representatives to
the coal or other mine,
(D) refuses to permit the inspection of the
coal or other mine, or the investigation of an
accident or occupational disease occurring in,
or connected with, such mine,
(E) refuses to furnish any information or report requested by the Secretary or the Secretary of Health and Human Services in furtherance of the provisions of this chapter, or
(F) refuses to permit access to, and copying
of, such records as the Secretary or the Secretary of Health and Human Services determines necessary in carrying out the provisions
of this chapter.
(2) The Secretary may institute a civil action
for relief, including permanent or temporary in-

§ 819

TITLE 30—MINERAL LANDS AND MINING

junction, restraining order, or any other appropriate order in the district court of the United
States for the district in which the coal or other
mine is located or in which the operator of such
mine has his principal office whenever the Secretary believes that the operator of a coal or
other mine is engaged in a pattern of violation
of the mandatory health or safety standards of
this chapter, which in the judgment of the Secretary constitutes a continuing hazard to the
health or safety of miners.
(b) Jurisdiction; relief; findings of Commission
or Secretary
In any action brought under subsection (a) of
this section, the court shall have jurisdiction to
provide such relief as may be appropriate. In the
case of an action under subsection (a)(2) of this
section, the court shall in its order require such
assurance or affirmative steps as it deems necessary to assure itself that the protection afforded to miners under this chapter shall be provided by the operator. Temporary restraining
orders shall be issued in accordance with rule 65
of the Federal Rules of Civil Procedure, as
amended, except that the time limit in such orders, when issued without notice, shall be seven
days from the date of entry. Except as otherwise
provided herein, any relief granted by the court
to enforce any order under paragraph (1) of subsection (a) of this section shall continue in effect until the completion or final termination of
all proceedings for review of such order under
this subchapter, unless prior thereto, the district court granting such relief sets it aside or
modifies it. In any action instituted under this
section to enforce an order or decision issued by
the Commission or the Secretary after a public
hearing in accordance with section 554 of title 5,
the findings of the Commission or the Secretary,
as the case may be, if supported by substantial
evidence on the record considered as a whole,
shall be conclusive.
(Pub. L. 91–173, title I, § 108, Dec. 30, 1969, 83 Stat.
756; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1309; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695; Pub. L. 109–236, § 9, June 15,
2006, 120 Stat. 501.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1)(A), (B), (E),
(F), (2) and (b), was in the original ‘‘this Act’’, meaning
Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the
Federal Mine Safety and Health Act of 1977, which is
classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title
note set out under section 801 of this title and Tables.
Rule 65 of the Federal Rules of Civil Procedure, referred to in subsec. (b), is set out in the Appendix to
Title 28, Judiciary and Judicial Procedure.
AMENDMENTS
2006—Subsec. (a)(1)(A). Pub. L. 109–236 inserted before
comma at end ‘‘, or fails or refuses to comply with any
order or decision, including a civil penalty assessment
order, that is issued under this chapter’’.
1977—Pub. L. 95–164 redesignated existing provisions
as subsecs. (a)(1) and (b), added subsec. (a)(2), and in the
redesignated provisions inserted references to findings
of the Commission, inserted requirement that in actions brought under subsec. (a)(2) the courts require
such assurances or affirmative action as they deem
necessary to assure that the protections offered by this

Page 138

chapter to the miners be provided by the operator, and
struck out provisions relating to the appointment of
attorneys by the Secretary to represent him in actions
under this section.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsec. (a)(1)(B), (F) pursuant to section 509(b)
of Pub. L. 96–88 which is classified to section 3508(b) of
Title 20, Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 819. Posting of orders and decisions
(a) Mine office; bulletin board
At each coal or other mine there shall be
maintained an office with a conspicuous sign
designating it as the office of such mine. There
shall be a bulletin board at such office or located at a conspicuous place near an entrance of
such mine, in such manner that orders, citations, notices and decisions required by law or
regulation to be posted, may be posted thereon,
and be easily visible to all persons desiring to
read them, and be protected against damage by
weather and against unauthorized removal. A
copy of any order, citation, notice or decision
required by this chapter to be given to an operator shall be delivered to the office of the affected mine, and a copy shall be immediately
posted on the bulletin board of such mine by the
operator or his agent.
(b) Distribution of orders, citations, notices, and
decisions
The Secretary shall (1) cause a copy of any
order, citation, notice, or decision required by
this chapter to be given to an operator to be
mailed immediately to a representative of the
miners in the affected coal or other mine, and
(2) cause a copy thereof to be mailed to the public official or agency of the State charged with
administering State laws, if any, relating to
health or safety in such mine. Such notice,
order, citation, or decision shall be available for
public inspection.
(c) Compliance
In order to insure prompt compliance with any
notice, order, citation, or decision issued under
this chapter, the authorized representative of
the Secretary may deliver such notice, order, citation, or decision to an agent of the operator,
and such agent shall immediately take appropriate measures to insure compliance with such
notice, order, citation, or decision.
(d) Filing; designation of health and safety officers
Each operator of a coal or other mine subject
to this chapter shall file with the Secretary the
name and address of such mine and the name
and address of the person who controls or operates the mine. Any revisions in such names or
addresses shall be promptly filed with the Secretary. Each operator of a coal or other mine
subject to this chapter shall designate a responsible official at such mine as the principal offi-

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TITLE 30—MINERAL LANDS AND MINING

cer in charge of health and safety at such mine,
and such official shall receive a copy of any notice, order, citation, or decision issued under
this chapter affecting such mine. In any case
where the mine is subject to the control of any
person not directly involved in the daily operations of the coal or other mine, there shall be
filed with the Secretary the name and address of
such person and the name and address of a principal official of such person who shall have overall responsibility for the conduct of an effective
health and safety program at any coal or other
mine subject to the control of such person, and
such official shall receive a copy of any notice,
order, citation, or decision issued affecting any
such mine. The mere designation of a health and
safety official under this subsection shall not be
construed as making such official subject to any
penalty under this chapter.
(Pub. L. 91–173, title I, § 109, Dec. 30, 1969, 83 Stat.
756; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1310.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83
Stat. 742, known as the Federal Mine Safety and Health
Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 801 of this
title and Tables.
AMENDMENTS
1977—Pub. L. 95–164 substituted provisions relating to
the posting of orders and decisions for provisions setting out an enumeration of penalties, which provisions,
as revised, were transferred to section 820 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 820. Penalties
(a) Civil penalty for violation of mandatory
health or safety standards
(1) The operator of a coal or other mine in
which a violation occurs of a mandatory health
or safety standard or who violates any other
provision of this chapter, shall be assessed a
civil penalty by the Secretary which penalty
shall not be more than $50,000 for each such violation. Each occurrence of a violation of a mandatory health or safety standard may constitute
a separate offense.
(2) The operator of a coal or other mine who
fails to provide timely notification to the Secretary as required under section 813(j) of this
title (relating to the 15 minute requirement)
shall be assessed a civil penalty by the Secretary of not less than $5,000 and not more than
$60,000.
(3)(A) The minimum penalty for any citation
or order issued under section 814(d)(1) of this
title shall be $2,000.
(B) The minimum penalty for any order issued
under section 814(d)(2) of this title shall be
$4,000.
(4) Nothing in this subsection shall be construed to prevent an operator from obtaining a
review, in accordance with section 816 of this

§ 820

title, of an order imposing a penalty described in
this subsection. If a court, in making such review, sustains the order, the court shall apply at
least the minimum penalties required under this
subsection.
(b) Civil penalty for failure to correct violation
for which citation has been issued
(1) Any operator who fails to correct a violation for which a citation has been issued under
section 814(a) of this title within the period permitted for its correction may be assessed a civil
penalty of not more than $$5,000 1 for each day
during which such failure or violation continues.
(2) Violations under this section that are
deemed to be flagrant may be assessed a civil
penalty of not more than $220,000. For purposes
of the preceding sentence, the term ‘‘flagrant’’
with respect to a violation means a reckless or
repeated failure to make reasonable efforts to
eliminate a known violation of a mandatory
health or safety standard that substantially and
proximately caused, or reasonably could have
been expected to cause, death or serious bodily
injury.
(c) Liability of corporate directors, officers, and
agents
Whenever a corporate operator violates a mandatory health or safety standard or knowingly
violates or fails or refuses to comply with any
order issued under this chapter or any order incorporated in a final decision issued under this
chapter, except an order incorporated in a decision issued under subsection (a) of this section
or section 815(c) of this title, any director, officer, or agent of such corporation who knowingly
authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the
same civil penalties, fines, and imprisonment
that may be imposed upon a person under subsections (a) and (d) of this section.
(d) Criminal penalties
Any operator who willfully violates a mandatory health or safety standard, or knowingly
violates or fails or refuses to comply with any
order issued under section 814 of this title and
section 817 of this title, or any order incorporated in a final decision issued under this subchapter, except an order incorporated in a decision under subsection (a)(1) or section 815(c) of
this title, shall, upon conviction, be punished by
a fine of not more than $250,000, or by imprisonment for not more than one year, or by both, except that if the conviction is for a violation
committed after the first conviction of such operator under this chapter, punishment shall be
by a fine of not more than $500,000, or by imprisonment for not more than five years, or both.
(e) Unauthorized advance notice of inspections
Unless otherwise authorized by this chapter,
any person who gives advance notice of any inspection to be conducted under this chapter
shall, upon conviction, be punished by a fine of
not more than $1,000 or by imprisonment for not
more than six months, or both.
1 So

in original.

§ 820

TITLE 30—MINERAL LANDS AND MINING

(f) False statements, representations, or certifications
Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter shall, upon conviction, be
punished by a fine of not more than $10,000, or
by imprisonment for not more than five years,
or both.
(g) Violation by miners of safety standards relating to smoking
Any miner who willfully violates the mandatory safety standards relating to smoking or the
carrying of smoking materials, matches, or
lighters shall be subject to a civil penalty assessed by the Commission, which penalty shall
not be more than $250 for each occurrence of
such violation.
(h) Equipment falsely represented as complying
with statute, specification, or regulations
Whoever knowingly distributes, sells, offers
for sale, introduces, or delivers in commerce any
equipment for use in a coal or other mine, including, but not limited to, components and accessories of such equipment, which is represented as complying with the provisions of
this chapter, or with any specification or regulation of the Secretary applicable to such equipment, and which does not so comply, shall, upon
conviction, be subject to the same fine and imprisonment that may be imposed upon a person
under subsection (f) of this section.
(i) Authority to assess civil penalties
The Commission shall have authority to assess all civil penalties provided in this chapter.
In assessing civil monetary penalties, the Commission shall consider the operator’s history of
previous violations, the appropriateness of such
penalty to the size of the business of the operator charged, whether the operator was negligent,
the effect on the operator’s ability to continue
in business, the gravity of the violation, and the
demonstrated good faith of the person charged
in attempting to achieve rapid compliance after
notification of a violation. In proposing civil
penalties under this chapter, the Secretary may
rely upon a summary review of the information
available to him and shall not be required to
make findings of fact concerning the above factors.
(j) Payment of penalties; interest
Civil penalties owed under this chapter shall
be paid to the Secretary for deposit into the
Treasury of the United States and shall accrue
to the United States and may be recovered in a
civil action in the name of the United States
brought in the United States district court for
the district where the violation occurred or
where the operator has its principal office. Interest at the rate of 8 percent per annum shall
be charged against a person on any final order of
the Commission, or the court. Interest shall
begin to accrue 30 days after the issuance of
such order.
(k) Compromise, mitigation, and settlement of
penalty
No proposed penalty which has been contested
before the Commission under section 815(a) of

Page 140

this title shall be compromised, mitigated, or
settled except with the approval of the Commission. No penalty assessment which has become a
final order of the Commission shall be compromised, mitigated, or settled except with the
approval of the court.
(l) Inapplicability to black lung benefit provisions
The provisions of this section shall not be applicable with respect to subchapter IV of this
chapter.
(Pub. L. 91–173, title I, § 110, Dec. 30, 1969, 83 Stat.
758; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1311; Pub. L. 101–508, title III, § 3102, Nov. 5,
1990, 104 Stat. 1388–29; Pub. L. 109–236, § 5(b),
§ 8(a), June 15, 2006, 120 Stat. 498, 500; Pub. L.
109–280, title XIII, § 1301, Aug. 17, 2006, 120 Stat.
1108.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1), (c) to (f),
and (h) to (j), was in the original ‘‘this Act’’, meaning
Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the
Federal Mine Safety and Health Act of 1977, which is
classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title
note set out under section 801 of this title and Tables.
AMENDMENTS
2006—Subsec. (a). Pub. L. 109–280, § 1301(2), substituted
‘‘(1) The operator’’ for ‘‘(1)(1) The operator’’ in par. (1),
substituted ‘‘subsection (a)(1)’’ for ‘‘paragraph (1)’’ in
par. (2), relating to criminal penalties, and redesignated that par. as subsec. (d).
Pub. L. 109–236, § 8(a)(1), inserted ‘‘(1)’’ after subsec.
heading, added par. (2), relating to criminal penalties,
and added pars. (3) and (4).
Pub. L. 109–236, § 5(b), designated existing provisions
as par. (1) and added par. (2), relating to civil penalties.
Subsec. (b). Pub. L. 109–280, § 1301(3), inserted par. (1)
and (2) designations.
Pub. L. 109–236, § 8(a)(2), inserted at end ‘‘Violations
under this section that are deemed to be flagrant may
be assessed a civil penalty of not more than $220,000.
For purposes of the preceding sentence, the term ‘flagrant’ with respect to a violation means a reckless or
repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health or safety
standard that substantially and proximately caused, or
reasonably could have been expected to cause, death or
serious bodily injury.’’
Subsec. (d). Pub. L. 109–280, § 1301(2)(B)(ii), redesignated subsec. (a)(2), relating to criminal penalties, as
(d).
Pub. L. 109–280, § 1301(1), struck out subsec. (d) which
read as follows: ‘‘Any operator who willfully violates a
mandatory health or safety standard, or knowingly violates or fails or refuses to comply with any order issued
under section 814 of this title and section 817 of this
title, or any order incorporated in a final decision issued under this subchapter, except an order incorporated in a decision under subsection (a) of this section or section 815(c) of this title, shall, upon conviction, be punished by a fine of not more than $25,000, or
by imprisonment for not more than one year, or by
both, except that if the conviction is for a violation
committed after the first conviction of such operator
under this chapter, punishment shall be by a fine of not
more than $50,000, or by imprisonment for not more
than five years, or both.’’
1990—Subsec. (a). Pub. L. 101–508, § 3102(1), substituted
‘‘$50,000’’ for ‘‘$10,000’’.
Subsec. (b). Pub. L. 101–508, § 3102(2), substituted
‘‘$5,000’’ for ‘‘1,000’’.
1977—Pub. L. 95–164 substituted provisions setting the
civil and criminal penalties with regard to violations of

Page 141

TITLE 30—MINERAL LANDS AND MINING

§ 823

this chapter for provisions relating to claims of idled
miners, which provisions, as revised, were transferred
to section 821 of this title.

of records, which provisions, as revised, were transferred to section 813 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.
REGULATIONS
Pub. L. 109–236, § 8(b), June 15, 2006, 120 Stat. 501, provided that: ‘‘Not later than December 30, 2006, the Secretary of Labor shall promulgate final regulations with
respect to penalties.’’

§ 821. Entitlement of miners to full compensation
If a coal or other mine or area of such mine is
closed by an order issued under section 813 of
this title, section 814 of this title, or section 817
of this title, all miners working during the shift
when such order was issued who are idled by
such order shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates
of pay for the period they are idled, but for not
more than the balance of such shift. If such
order is not terminated prior to the next working shift, all miners on that shift who are idled
by such order shall be entitled to full compensation by the operator at their regular rates of pay
for the period they are idled, but for not more
than four hours of such shift. If a coal or other
mine or area of such mine is closed by an order
issued under section 814 of this title or section
817 of this title for a failure of the operator to
comply with any mandatory health or safety
standards, all miners who are idled due to such
order shall be fully compensated after all interested parties are given an opportunity for a public hearing, which shall be expedited in such
cases, and after such order is final, by the operator for lost time at their regular rates of pay for
such time as the miners are idled by such closing, or for one week, whichever is the lesser.
Whenever an operator violates or fails or refuses
to comply with any order issued under section
813 of this title, section 814 of this title, or section 817 of this title, all miners employed at the
affected mine who would have been withdrawn
from, or prevented from entering, such mine or
area thereof as a result of such order shall be entitled to full compensation by the operator at
their regular rates of pay, in addition to pay received for work performed after such order was
issued, for the period beginning when such order
was issued and ending when such order is complied with, vacated, or terminated. The Commission shall have authority to order compensation
due under this section upon the filing of a complaint by a miner or his representative and after
opportunity for hearing subject to section 554 of
title 5.
(Pub. L. 91–173, title I, § 111, Dec. 30, 1969, 83 Stat.
759; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1312.)
AMENDMENTS
1977—Pub. L. 95–164 substituted provisions relating to
the entitlement of miners to their full compensation
when they are idled as the result of the operation of
this chapter for provisions relating to the maintenance

EFFECTIVE DATE OF 1977 AMENDMENT

§ 822. Representation of Secretary in civil litigation by Solicitor of Labor
Except as provided in section 518(a) of title 28,
relating to litigation before the Supreme Court,
the Solicitor of Labor may appear for and represent the Secretary in any civil litigation
brought under this chapter but all such litigation shall be subject to the direction and control
of the Attorney General.
(Pub. L. 91–173, title I, § 112, as added Pub. L.
95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1313.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83
Stat. 742, known as the Federal Mine Safety and Health
Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 801 of this
title and Tables.
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 816(f) of this title prior to the amendment of
this subchapter by Pub. L. 95–164.
EFFECTIVE DATE
Section effective 120 days after Nov. 9, 1977, see section 307 of Pub. L. 95–164, set out as an Effective Date
of 1977 Amendment note under section 801 of this title.

§ 823. Federal Mine Safety and Health Review
Commission
(a) Establishment; membership; chairman
The Federal Mine Safety and Health Review
Commission is hereby established. The Commission shall consist of five members, appointed by
the President by and with the advice and consent of the Senate, from among persons who by
reason of training, education, or experience are
qualified to carry out the functions of the Commission under this chapter. The President shall
designate one of the members of the Commission
to serve as Chairman.
(b) Terms; personnel; administrative law judges
(1) The terms of the members of the Commission shall be six years, except that—
(A) members of the Commission first taking
office after November 9, 1977, shall serve, as
designated by the President at the time of appointment, one for a term of two years, two
for a term of four years and two for a term of
six years; and
(B) a vacancy caused by the death, resignation, or removal of any member prior to the
expiration of the term for which he was appointed shall be filled only for the remainder
of such unexpired term.
Any member of the Commission may be removed
by the President for inefficiency, neglect of
duty, or malfeasance in office.
(2) The Chairman shall be responsible on behalf of the Commission for the administrative

§ 823

TITLE 30—MINERAL LANDS AND MINING

operations of the Commission. The Commission
shall appoint such employees as it deems necessary to assist in the performance of the Commission’s functions and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5,
relating to classification and general pay rates.
Upon the effective date of the Federal Mine
Safety and Health Amendments Act of 1977, the
administrative law judges assigned to the Arlington, Virginia, facility of the Office of Hearings and Appeals, United States Department of
the Interior, shall be automatically transferred
in grade and position to the Federal Mine Safety
and Health Review Commission. Notwithstanding the provisions of section 559 of title 5, the incumbent Chief Administrative Law Judge of the
Office of Hearings and Appeals of the Department of the Interior assigned to the Arlington,
Virginia facility shall have the option, on the effective date of the Federal Mine Safety and
Health Amendments Act of 1977, of transferring
to the Commission as an administrative law
judge, in the same grade and position as the
other administrative law judges. The administrative law judges (except those presiding over
Indian Probate Matters) assigned to the Western
facilities of the Office of Hearings and Appeals
of the Department of the Interior shall remain
with that Department at their present grade and
position or they shall have the right to transfer
on an equivalent basis to that extended in this
paragraph to the Arlington, Virginia administrative law judges in accordance with procedures established by the Director of the Office of
Personnel Management. The Commission shall
appoint such additional administrative law
judges as it deems necessary to carry out the
functions of the Commission. Assignment, removal, and compensation of administrative law
judges shall be in accordance with sections 3105,
3344, 5362 and 7521 of title 5.
(c) Delegation of powers
The Commission is authorized to delegate to
any group of three or more members any or all
of the powers of the Commission, except that
two members shall constitute a quorum of any
group designated pursuant to this paragraph.
(d) Proceedings before administrative law judge;
administrative review
(1) An administrative law judge appointed by
the Commission to hear matters under this
chapter shall hear, and make a determination
upon, any proceeding instituted before the Commission and any motion in connection therewith, assigned to such administrative law judge
by the chief administrative law judge of the
Commission or by the Commission, and shall
make a decision which constitutes his final disposition of the proceedings. The decision of the
administrative law judge of the Commission
shall become the final decision of the Commission 40 days after its issuance unless within such
period the Commission has directed that such
decision shall be reviewed by the Commission in
accordance with paragraph (2). An administrative law judge shall not be assigned to prepare a
recommended decision under this chapter.
(2) The Commission shall prescribe rules of
procedure for its review of the decisions of ad-

Page 142

ministrative law judges in cases under this
chapter which shall meet the following standards for review:
(A)(i) Any person adversely affected or aggrieved by a decision of an administrative law
judge, may file and serve a petition for discretionary review by the Commission of such decision within 30 days after the issuance of such decision. Review by the Commission shall not be a
matter of right but of the sound discretion of
the Commission.
(ii) Petitions for discretionary review shall be
filed only upon one or more of the following
grounds:
(I) A finding or conclusion of material fact is
not supported by substantial evidence.
(II) A necessary legal conclusion is erroneous.
(III) The decision is contrary to law or to the
duly promulgated rules or decisions of the
Commission.
(IV) A substantial question of law, policy or
discretion is involved.
(V) A prejudicial error of procedure was
committed.
(iii) Each issue shall be separately numbered
and plainly and concisely stated, and shall be
supported by detailed citations to the record
when assignments of error are based on the
record, and by statutes, regulations, or principal
authorities relied upon. Except for good cause
shown, no assignment of error by any party
shall rely on any question of fact or law upon
which the administrative law judge had not been
afforded an opportunity to pass. Review by the
Commission shall be granted only by affirmative
vote of two of the Commissioners present and
voting. If granted, review shall be limited to the
questions raised by the petition.
(B) At any time within 30 days after the issuance of a decision of an administrative law
judge, the Commission may in its discretion (by
affirmative vote of two of the Commissioners
present and voting) order the case before it for
review but only upon the ground that the decision may be contrary to law or Commission policy, or that a novel question of policy has been
presented. The Commission shall state in such
order the specific issue of law, Commission policy, or novel question of policy involved. If a
party’s petition for discretionary review has
been granted, the Commission shall not raise or
consider additional issues in such review proceedings except in compliance with the requirements of this paragraph.
(C) For the purpose of review by the Commission under paragraph (A) or (B) of this subsection, the record shall include: (i) all matters
constituting the record upon which the decision
of the administrative law judge was based; (ii)
the rulings upon proposed findings and conclusions; (iii) the decision of the administrative law
judge; (iv) the petition or petitions for discretionary review, responses thereto, and the Commission’s order for review; and (v) briefs filed on
review. No other material shall be considered by
the Commission upon review. The Commission
either may remand the case to the administrative law judge for further proceedings as it may
direct or it may affirm, set aside, or modify the
decision or order of the administrative law judge

Page 143

TITLE 30—MINERAL LANDS AND MINING

in conformity with the record. If the Commission determines that further evidence is necessary on an issue of fact it shall remand the
case for further proceedings before the administrative law judge.
(The provisions of section 557(b) of title 5 with
regard to the review authority of the Commission are expressly superseded to the extent that
they are inconsistent with the provisions of subparagraphs (A), (B), and (C) of this paragraph.)
(e) Witnesses and evidence; subpoenas; contempt
In connection with hearings before the Commission or its administrative law judges under
this chapter, the Commission and its administrative law judges may compel the attendance
and testimony of witnesses and the production
of books, papers, or documents, or objects, and
order testimony to be taken by deposition at
any stage of the proceedings before them. Any
person may be compelled to appear and depose
and produce similar documentary or physical
evidence, in the same manner as witnesses may
be compelled to appear and produce evidence before the Commission and its administrative law
judges. Witnesses shall be paid the same fees and
mileage that are paid witnesses in the courts of
the United States and at depositions ordered by
such courts. In case of contumacy, failure, or refusal of any person to obey a subpoena or order
of the Commission or an administrative law
judge, respectively, to appear, to testify, or to
produce documentary or physical evidence, any
district court of the United States or the United
States courts of any territory or possession,
within the jurisdiction of which such person is
found, or resides, or transacts business, shall,
upon the application of the Commission, or the
administrative law judge, respectively, have jurisdiction to issue to such person an order requiring such person to appear, to testify, or to
produce evidence as ordered by the Commission
or the administrative law judge, respectively,
and any failure to obey such order of the court
may be punished by the court as a contempt
thereof.
(Pub. L. 91–173, title I, § 113, as added Pub. L.
95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1313;
1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43
F.R. 36037, 92 Stat. 3783.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (d), and (e),
was in the original ‘‘this Act’’, meaning Pub. L. 91–173,
Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine
Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 801 of this title and Tables.
For the effective date of the Federal Mine Safety and
Health Amendments Act of 1977, referred to in subsec.
(b)(2), see section 307 of Pub. L. 95–164, set out as an Effective Date of 1977 Amendment note under section 801
of this title.
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 729 of this title prior to its repeal by Pub. L.
95–164.
EFFECTIVE DATE
Section effective 120 days after Nov. 9, 1977, see section 307 of Pub. L. 95–164, set out as an Effective Date
of 1977 Amendment note under section 801 of this title.

§ 825

TRANSFER OF FUNCTIONS
‘‘Director of the Office of Personnel Management’’
substituted for ‘‘Civil Service Commission’’ in subsec.
(b)(2) pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R.
36037, 92 Stat. 3783, set out under section 1101 of Title
5, Government Organization and Employees, which
transferred all functions vested by statute in United
States Civil Service Commission to Director of Office
of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102
of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out
under section 1101 of Title 5.

§ 823a. Principal office in District of Columbia;
proceedings held elsewhere
The principal office of the Commission shall
be in the District of Columbia. Whenever the
Commission deems that convenience of the public or the parties may be promoted, or delay or
expense may be minimized, it may hold hearings
or conduct other proceedings at any other place.
(Pub. L. 95–164, title III, § 302(d), Nov. 9, 1977, 91
Stat. 1320.)
CODIFICATION
Section was enacted as part of Pub. L. 95–164, known
as the Federal Mine Safety and Health Amendments
Act of 1977, and not as part of Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977 which comprises this chapter.
EFFECTIVE DATE
Section effective 120 days after Nov. 9, 1977, see section 307 of Pub. L. 95–164, set out as an Effective Date
of 1977 Amendment note under section 801 of this title.

§ 824. Authorization of appropriations
There are authorized to be appropriated, out of
any moneys in the Treasury not otherwise appropriated, such sums as may be necessary to
carry out the provisions of this subchapter.
(Pub. L. 91–173, title I, § 114, as added Pub. L.
95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1315.)
EFFECTIVE DATE
Section effective 120 days after Nov. 9, 1977, see section 307 of Pub. L. 95–164, set out as an Effective Date
of 1977 Amendment note under section 801 of this title.

§ 825. Mandatory health and safety training
(a) Approved program; regulations
Each operator of a coal or other mine shall
have a health and safety training program
which shall be approved by the Secretary. The
Secretary shall promulgate regulations with respect to such health and safety training programs not more than 180 days after the effective
date of the Federal Mine Safety and Health
Amendments Act of 1977. Each training program
approved by the Secretary shall provide as a
minimum that—
(1) new miners having no underground mining experience shall receive no less than 40
hours of training if they are to work underground. Such training shall include instruction in the statutory rights of miners and
their representatives under this chapter, use
of the self-rescue device and use of respiratory
devices, hazard recognition, escapeways, walk
around training, emergency procedures, basic
ventilation, basic roof control, electrical haz-

§ 825

TITLE 30—MINERAL LANDS AND MINING

ards, first aid, and the health and safety aspects of the task to which he will be assigned;
(2) new miners having no surface mining experience shall receive no less than 24 hours of
training if they are to work on the surface.
Such training shall include instruction in the
statutory rights of miners and their representatives under this chapter, use of the self-rescue device where appropriate and use of respiratory devices where appropriate, hazard
recognition, emergency procedures, electrical
hazards, first aid, walk around training and
the health and safety aspects of the task to
which he will be assigned;
(3) all miners shall receive no less than eight
hours of refresher training no less frequently
than once each 12 months, except that miners
already employed on the effective date of the
Federal Mine Safety and Health Amendments
Act of 1977 shall receive this refresher training
no more than 90 days after the date of approval of the training plan required by this
section;
(4) any miner who is reassigned to a new
task in which he has had no previous work experience shall receive training in accordance
with a training plan approved by the Secretary under this subsection in the safety and
health aspects specific to that task prior to
performing that task;
(5) any training required by paragraphs (1),
(2) or (4) shall include a period of training as
closely related as is practicable to the work in
which the miner is to be engaged.
(b) Training compensation
Any health and safety training provided under
subsection (a) of this section shall be provided
during normal working hours. Miners shall be
paid at their normal rate of compensation while
they take such training, and new miners shall be
paid at their starting wage rate when they take
the new miner training. If such training shall be
given at a location other than the normal place
of work, miners shall also be compensated for
the additional costs they may incur in attending
such training sessions.
(c) Certificate
Upon completion of each training program,
each operator shall certify, on a form approved
by the Secretary, that the miner has received
the specified training in each subject area of the
approved health and safety training plan. A certificate for each miner shall be maintained by
the operator, and shall be available for inspection at the mine site, and a copy thereof shall be
given to each miner at the completion of such
training. When a miner leaves the operator’s
employ, he shall be entitled to a copy of his
health and safety training certificates. False
certification by an operator that training was
given shall be punishable under section 820(a)
and (f) of this title; and each health and safety
training certificate shall indicate on its face, in
bold letters, printed in a conspicuous manner
the fact that such false certification is so punishable.
(d) Standards
The Secretary shall promulgate appropriate
standards for safety and health training for coal
or other mine construction workers.

Page 144

(e) Proposed regulations
(1) Within 180 days after the effective date of
the Federal Mine Safety and Health Amendments Act of 1977, the Secretary shall publish
proposed regulations which shall provide that
mine rescue teams shall be available for rescue
and recovery work to each underground coal or
other mine in the event of an emergency. The
costs of making advance arrangements for such
teams shall be borne by the operator of each
such mine.
(2)(A) The Secretary shall issue regulations
with regard to mine rescue teams which shall be
finalized and in effect not later than 18 months
after June 15, 2006.
(B) Such regulations shall provide for the following:
(i) That such regulations shall not be construed to waive operator training requirements applicable to existing mine rescue
teams.
(ii) That the Mine Safety and Health Administration shall establish, and update every 5
years thereafter, criteria to certify the qualifications of mine rescue teams.
(iii)(I) That the operator of each underground coal mine with more than 36 employees—
(aa) have an employee knowledgeable in
mine emergency response who is employed
at the mine on each shift at each underground mine; and
(bb) make available two certified mine rescue teams whose members—
(AA) are familiar with the operations of
such coal mine;
(BB) participate at least annually in two
local mine rescue contests;
(CC) participate at least annually in
mine rescue training at the underground
coal mine covered by the mine rescue
team; and
(DD) are available at the mine within
one hour ground travel time from the mine
rescue station.
(II)(aa) For the purpose of complying with
subclause (I), an operator shall employ one
team that is either an individual mine site
mine rescue team or a composite team as provided for in item (bb)(BB).
(bb) The following options may be used by
an operator to comply with the requirements
of item (aa):
(AA) An individual mine-site mine rescue
team.
(BB) A multi-employer composite team
that is made up of team members who are
knowledgeable about the operations and
ventilation of the covered mines and who
train on a semi-annual basis at the covered
underground coal mine—
(aaa) which provides coverage for multiple operators that have team members
which include at least two active employees from each of the covered mines;
(bbb) which provides coverage for multiple mines owned by the same operator
which members include at least two active
employees from each mine; or
(ccc) which is a State-sponsored mine
rescue team comprised of at least two ac-

Page 145

TITLE 30—MINERAL LANDS AND MINING

§ 841

tive employees from each of the covered
mines.

§ 826. Limitation on certain liability for rescue
operations

(CC) A commercial mine rescue team provided by contract through a third-party vendor or mine rescue team provided by another
coal company, if such team—
(aaa) trains on a quarterly basis at covered underground coal mines;
(bbb) is knowledgeable about the operations and ventilation of the covered
mines; and
(ccc) is comprised of individuals with a
minimum of 3 years underground coal
mine experience that shall have occurred
within the 10-year period preceding their
employment on the contract mine rescue
team.

(a) In general
No person shall bring an action against any
covered individual or his or her regular employer for property damage or an injury (or
death) sustained as a result of carrying out activities relating to mine accident rescue or recovery operations. This subsection shall not
apply where the action that is alleged to result
in the property damages or injury (or death) was
the result of gross negligence, reckless conduct,
or illegal conduct or, where the regular employer (as such term is used in this chapter) is
the operator of the mine at which the rescue activity takes place. Nothing in this section shall
be construed to preempt State workers’ compensation laws.
(b) Covered individual
For purposes of subsection (a), the term ‘‘covered individual’’ means an individual—
(1) who is a member of a mine rescue team
or who is otherwise a volunteer with respect
to a mine accident; and
(2) who is carrying out activities relating to
mine accident rescue or recovery operations.
(c) Regular employer
For purposes of subsection (a), the term ‘‘regular employer’’ means the entity that is the covered employee’s legal or statutory employer
pursuant to applicable State law.

(DD) A State-sponsored team made up of
State employees.
(iv) That the operator of each underground
coal mine with 36 or less employees shall—
(I) have an employee on each shift who is
knowledgeable in mine emergency responses;
and
(II) make available two certified mine rescue teams whose members—
(aa) are familiar with the operations of
such coal mine;
(bb) participate at least annually in two
local mine rescue contests;
(cc) participate at least semi-annually in
mine rescue training at the underground
coal mine covered by the mine rescue
team;
(dd) are available at the mine within one
hour ground travel time from the mine
rescue station;
(ee) are knowledgeable about the operations and ventilation of the covered
mines; and
(ff) are comprised of individuals with a
minimum of 3 years underground coal
mine experience that shall have occurred
within the 10-year period preceding their
employment on the contract mine rescue
team.
(Pub. L. 91–173, title I, § 115, as added Pub. L.
95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1315;
amended Pub. L. 109–236, § 4, June 15, 2006, 120
Stat. 497.)
REFERENCES IN TEXT
For the effective date of the Federal Mine Safety and
Health Amendments Act of 1977, referred to in subsecs.
(a) and (e)(1), see section 307 of Pub. L. 95–164, set out
as an Effective Date of 1977 Amendment note under section 801 of this title.
This chapter, referred to in subsec. (a)(1), (2), was in
the original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
2006—Subsec. (e). Pub. L. 109–236 designated existing
provisions as par. (1) and added par. (2).
EFFECTIVE DATE
Section effective 120 days after Nov. 9, 1977, see section 307 of Pub. L. 95–164, set out as an Effective Date
of 1977 Amendment note under section 801 of this title.

(Pub. L. 91–173, title I, § 116, as added Pub. L.
109–236, § 3, June 15, 2006, 120 Stat. 496.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.

SUBCHAPTER II—INTERIM MANDATORY
HEALTH STANDARDS
§ 841. Mandatory health standards for underground mines; enforcement; review; purpose
(a) The provisions of sections 842 through 846
of this title and the applicable provisions of section 878 of this title shall be interim mandatory
health standards applicable to all underground
coal mines until superseded in whole or in part
by improved mandatory health standards promulgated by the Secretary under the provisions
of section 811 of this title, and shall be enforced
in the same manner and to the same extent as
any mandatory health standard promulgated
under the provisions of section 811 of this title.
Any orders issued in the enforcement of the interim standards set forth in this subchapter
shall be subject to review as provided in subchapter I of this chapter.
(b) Among other things, it is the purpose of
this subchapter to provide, to the greatest extent possible, that the working conditions in
each underground coal mine are sufficiently free
of respirable dust concentrations in the mine atmosphere to permit each miner the opportunity

§ 842

TITLE 30—MINERAL LANDS AND MINING

to work underground during the period of his entire adult working life without incurring any
disability from pneumoconiosis or any other occupation-related disease during or at the end of
such period.
(Pub. L. 91–173, title II, § 201, Dec. 30, 1969, 83
Stat. 760.)
EFFECTIVE DATE
Subchapter operative six months after Dec. 30, 1969,
except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L.
91–173, set out as a note under section 801 of this title.

§ 842. Dust concentration and respiratory equipment
(a) Samples; procedures; transmittal; notice of
excess concentration; periodic reports to Secretary; contents
Each operator of a coal mine shall take accurate samples of the amount of respirable dust in
the mine atmosphere to which each miner in the
active workings of such mine is exposed. Such
samples shall be taken by any device approved
by the Secretary and the Secretary of Health
and Human Services and in accordance with
such methods, at such locations, at such intervals, and in such manner as the Secretaries
shall prescribe in the Federal Register within
sixty days from December 30, 1969 and from time
to time thereafter. Such samples shall be transmitted to the Secretary in a manner established
by him, and analyzed and recorded by him in a
manner that will assure application of the provisions of section 814(i) of this title when the applicable limit on the concentration of respirable
dust required to be maintained under this section is exceeded. The results of such samples
shall also be made available to the operator.
Each operator shall report and certify to the
Secretary at such intervals as the Secretary
may require as to the conditions in the active
workings of the coal mine, including, but not
limited to, the average number of working hours
worked during each shift, the quantity and velocity of air regularly reaching the working
faces, the method of mining, the amount and
pressure of the water, if any, reaching the working faces, and the number, location, and type of
sprays, if any, used.
(b) Standards; noncompliance permit; renewal;
procedures; limitations; extension period
Except as otherwise provided in this subsection—
(1) Effective on the operative date of this
subchapter, each operator shall continuously
maintain the average concentration of respirable dust in the mine atmosphere during
each shift to which each miner in the active
workings of such mine is exposed at or below
3.0 milligrams of respirable dust per cubic
meter of air.
(2) Effective three years after December 30,
1969, each operator shall continuously maintain the average concentration of respirable
dust in the mine atmosphere during each shift
to which each miner in the active workings of
such mine is exposed at or below 2.0 milligrams of respirable dust per cubic meter of
air.

Page 146

(3) Any operator who determines that he will
be unable, using available technology, to comply with the provisions of paragraph (1) of this
subsection, or the provisions of paragraph (2)
of this subsection, as appropriate, may file
with the Panel, no later than sixty days prior
to the effective date of the applicable respirable dust standard established by such
paragraphs, an application for a permit for
noncompliance. If, in the case of an application for a permit for noncompliance with the
3.0 milligram standard established by paragraph (1) of this subsection, the application
satisfies the requirements of subsection (c) of
this section, the Panel shall issue a permit for
noncompliance to the operator. If, in the case
of an application for a permit for noncompliance with the 2.0 milligram standard established by paragraph (2) of this subsection, the
application satisfies the requirements of subsection (c) of this section and the Panel determines that the applicant will be unable to
comply with such standard, the Panel shall
issue to the operator a permit for noncompliance.
(4) In any case in which an operator, who has
been issued a permit (including a renewal permit) for noncompliance under this section, determines, not more than ninety days prior to
the expiration date of such permit, that he
still is unable to comply with the standard established by paragraph (1) of this subsection or
the standard established by paragraph (2) of
this subsection, as appropriate, he may file
with the Panel an application for renewal of
the permit. Upon receipt of such application,
the Panel, if it determines, after all interested
persons have been notified and given an opportunity for a public hearing under section 804 of
this title, that the application is in compliance with the provisions of subsection (c) of
this section, and that the applicant will be unable to comply with such standard, may renew
the permit.
(5) Any such permit or renewal thereof so issued shall be in effect for a period not to exceed one year and shall entitle the permittee
during such period to maintain continuously
the average concentration of respirable dust in
the mine atmosphere during each shift in the
working places of such mine to which the permit applies at a level specified by the Panel,
which shall be at the lowest level which the
application shows the conditions, technology
applicable to such mine, and other available
and effective control techniques and methods
will permit, but in no event shall such level
exceed 4.5 milligrams of dust per cubic meter
of air during the period when the 3.0 milligram
standard is in effect, or 3.0 milligrams of dust
per cubic meter of air during the period when
the 2.0 milligram standard is in effect.
(6) No permit or renewal thereof for noncompliance shall entitle any operator to an
extension of time beyond eighteen months
from December 30, 1969 to comply with the 3.0
milligram standard established by paragraph
(1) of this subsection, or beyond seventy-two
months from December 30, 1969 to comply with
the 2.0 milligram standard established by
paragraph (2) of this subsection.

Page 147

TITLE 30—MINERAL LANDS AND MINING

(c) Applications for noncompliance; contents
Any application for an initial or renewal permit made pursuant to this section shall contain—
(1) a representation by the applicant and the
engineer conducting the survey referred to in
paragraph (2) of this subsection that the applicant is unable to comply with the standard applicable under subsection (b)(1) or (b)(2) of this
section at specified working places because
the technology for reducing the concentration
of respirable dust at such places is not available, or because of the lack of other effective
control techniques or methods, or because of
any combination of such reasons;
(2) an identification of the working places in
such mine for which the permit is requested;
the results of an engineering survey by a certified engineer of the respirable dust conditions of each working place of the mine with
respect to which such application is filed and
the ability to reduce such dust to the level required to be maintained in such place under
this section; a description of the ventilation
system of the mine and its capacity; the quantity and velocity of air regularly reaching the
working faces; the method of mining; the
amount and pressure of the water, if any,
reaching the working faces; the number, location, and type of sprays, if any; action taken
to reduce such dust; and such other information as the Panel may require; and
(3) statements by the applicant and the engineer conducting such survey, of the means and
methods to be employed to achieve compliance with the applicable standard, the
progress made toward achieving compliance,
and an estimate of when compliance can be
achieved.
(d) Promulgation of new standards; procedures
Beginning six months after the operative date
of this subchapter and from time to time thereafter, the Secretary of Health and Human Services shall establish, in accordance with the provisions of section 811 of this title, a schedule reducing the average concentration of respirable
dust in the mine atmosphere during each shift
to which each miner in the active workings is
exposed below the levels established in this section to a level of personal exposure which will
prevent new incidences of respiratory disease
and the further development of such disease in
any person. Such schedule shall specify the minimum time necessary to achieve such levels taking into consideration present and future advancements in technology to reach these levels.
(e) Concentration of respirable dust
References to concentrations of respirable
dust in this subchapter mean the average concentration of respirable dust measured with a
device approved by the Secretary and the Secretary of Health and Human Services.
(f) Average concentration
For the purpose of this subchapter, the term
‘‘average concentration’’ means a determination
which accurately represents the atmospheric
conditions with regard to respirable dust to
which each miner in the active workings of a
mine is exposed (1) as measured, during the 18

§ 842

month period following December 30, 1969, over a
number of continuous production shifts to be determined by the Secretary and the Secretary of
Health and Human Services, and (2) as measured
thereafter, over a single shift only, unless the
Secretary and the Secretary of Health and
Human Services find, in accordance with the
provisions of section 811 of this title, that such
single shift measurement will not, after applying valid statistical techniques to such measurement, accurately represent such atmospheric
conditions during such shift.
(g) Compliance inspections
The Secretary shall cause to be made such frequent spot inspections as he deems appropriate
of the active workings of coal mines for the purpose of obtaining compliance with the provisions of this subchapter.
(h) Maintenance of respiratory equipment; substitutes for environmental controls
Respiratory equipment approved by the Secretary and the Secretary of Health and Human
Services shall be made available to all persons
whenever exposed to concentrations of respirable dust in excess of the levels required to be
maintained under this chapter. Use of respirators shall not be substituted for environmental control measures in the active workings.
Each operator shall maintain a supply of respiratory equipment adequate to deal with occurrences of concentrations of respirable dust in
the mine atmosphere in excess of the levels required to be maintained under this chapter.
(Pub. L. 91–173, title II, § 202, Dec. 30, 1969, 83
Stat. 760; Pub. L. 95–164, title II, § 202(a), Nov. 9,
1977, 91 Stat. 1317; Pub. L. 96–88, title V, § 509(b),
Oct. 17, 1979, 93 Stat. 695.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in subsecs. (b)(1) and (d), see section 509 of Pub. L.
91–173, set out as a note under section 801 of this title.
This chapter, referred to in subsec. (h), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
1977—Subsec. (e). Pub. L. 95–164 substituted a general
reference to an ‘‘approved device’’ used to measure the
average concentration of respirable dust for provisions
which had referred to a specific device known as an
‘‘MRE instrument’’.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsecs. (a), (d) to (f), and (h) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section
3508(b) of Title 20, Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective Nov. 9, 1977,
see section 307 of Pub. L. 95–164, set out as a note under
section 801 of this title.

§ 843

TITLE 30—MINERAL LANDS AND MINING

§ 843. Medical examinations
(a) Chest roentgenogram; availability; periodic
intervals; other tests; transmittal of results;
advice of rights
The operator of a coal mine shall cooperate
with the Secretary of Health and Human Services in making available to each miner working
in a coal mine the opportunity to have a chest
roentgenogram within eighteen months after
December 30, 1969, a second chest roentgenogram
within three years thereafter, and subsequent
chest roentgenograms at such intervals thereafter of not to exceed five years as the Secretary
of Health and Human Services prescribes. Each
worker who begins work in a coal mine for the
first time shall be given, as soon as possible
after commencement of his employment, and
again three years later if he is still engaged in
coal mining, a chest roentgenogram; and in the
event the second such chest roentgenogram
shows evidence of the development of pneumoconiosis the worker shall be given, two years
later if he is still engaged in coal mining, an additional chest roentgenogram. All chest roentgenograms shall be given in accordance with
specifications prescribed by the Secretary of
Health and Human Services and shall be supplemented by such other tests as the Secretary of
Health and Human Services deems necessary.
The films shall be read and classified in a manner to be prescribed by the Secretary of Health
and Human Services, and the results of each
reading on each such person and of such tests
shall be submitted to the Secretary and to the
Secretary of Health and Human Services, and,
at the request of the miner, to his physician.
The Secretary shall also submit such results to
such miner and advise him of his rights under
this chapter related thereto. Such specifications, readings, classifications, and tests shall,
to the greatest degree possible, be uniform for
all coal mines and miners in such mines.
(b) Evidence of pneumoconiosis; option to transfer; wages
(1) On and after the operative date of this subchapter, any miner who, in the judgment of the
Secretary of Health and Human Services based
upon such reading or other medical examinations, shows evidence of the development of
pneumoconiosis shall be afforded the option of
transferring from his position to another position in any area of the mine, for such period or
periods as may be necessary to prevent further
development of such disease, where the concentration of respirable dust in the mine atmosphere is not more than 2.0 milligrams of dust per
cubic meter of air.
(2) Effective three years after December 30,
1969, any miner who, in the judgment of the Secretary of Health and Human Services based upon
such reading or other medical examinations,
shows evidence of the development of pneumoconiosis shall be afforded the option of transferring from his position to another position in any
area of the mine, for such period or periods as
may be necessary to prevent further development of such disease, where the concentration of
respirable dust in the mine atmosphere is not

Page 148

more than 1.0 millograms 1 of dust per cubic
meter of air, or if such level is not attainable in
such mine, to a position in such mine where the
concentration of respirable dust is the lowest attainable below 2.0 milligrams per cubic meter of
air.
(3) Any miner so transferred shall receive compensation for such work at not less than the regular rate of pay received by him immediately
prior to his transfer.
(c) Costs of examinations and tests
No payment may be required of any miner in
connection with any examination or test given
him pursuant to this subchapter. Where such examinations or tests cannot be given, due to the
lack of adequate medical or other necessary facilities or personnel, in the locality where the
miner resides, arrangements shall be made to
have them conducted, in accordance with the
provisions of this subchapter, in such locality by
the Secretary of Health and Human Services, or
by an appropriate person, agency, or institution,
public or private, under an agreement or arrangement between the Secretary of Health and
Human Services and such person, agency, or institution. The operator of the mine shall reimburse the Secretary of Health and Human Services, or such person, agency, or institution, as
the case may be, for the cost of conducting each
examination or test made, in accordance with
this subchapter, and shall pay whatever other
costs are necessary to enable the miner to take
such examinations or tests.
(d) Autopsies
If the death of any active miner occurs in any
coal mine, or if the death of any active or inactive miner occurs in any other place, the Secretary of Health and Human Services is authorized to provide for an autopsy to be performed
on such miner, with the consent of his surviving
widow or, if he has no such widow, then with the
consent of his surviving next of kin. The results
of such autopsy shall be submitted to the Secretary of Health and Human Services and, with
the consent of such survivor, to the miner’s physician or other interested person. Such autopsy
shall be paid for by the Secretary of Health and
Human Services.
(Pub. L. 91–173, title II, § 203, Dec. 30, 1969, 83
Stat. 763; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
For operative date of this subchapter, referred to in
subsec. (b)(1), see section 509 of Pub. L. 91–173, set out
as an Effective Date note under section 801 of this title.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted in text for ‘‘Secretary of Health, Education,
and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88
which is classified to section 3508(b) of Title 20, Education.
1 So

in original. Probably should be ‘‘milligrams’’.

Page 149

TITLE 30—MINERAL LANDS AND MINING

§ 844. Rock dust and gas hazards; controls
The dust resulting from drilling in rock shall
be controlled by the use of permissible dust collectors, or by water or water with a wetting
agent, or by ventilation, or by any other method
or device approved by the Secretary which is at
least as effective in controlling such dust. Respiratory equipment approved by the Secretary
and the Secretary of Health and Human Services
shall be provided persons exposed for short periods to inhalation hazards from gas, dusts, fumes,
or mist. When the exposure is for prolonged periods, other measures to protect such persons or
to reduce the hazard shall be taken.
(Pub. L. 91–173, title II, § 204, Dec. 30, 1969, 83
Stat. 764; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted in text for ‘‘Secretary of Health, Education,
and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88
which is classified to section 3508(b) of Title 20, Education.

§ 845. Dust standards in presence of quartz
In coal mining operations where the concentration of respirable dust in the mine atmosphere of any working place contains more than
5 per centum quartz, the Secretary of Health
and Human Services shall prescribe an appropriate formula for determining the applicable
respirable dust standard under this subchapter
for such working place and the Secretary shall
apply such formula in carrying out his duties
under this subchapter.
(Pub. L. 91–173, title II, § 205, Dec. 30, 1969, 83
Stat. 765; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted in text for ‘‘Secretary of Health, Education,
and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88
which is classified to section 3508(b) of Title 20, Education.

§ 846. Noise standards; promulgation of new
standards; tests; procedures; protective devices
On and after the operative date of this subchapter, the standards on noise prescribed under
chapter 65 of title 41, in effect October 1, 1969,
shall be applicable to each coal mine and each
operator of such mine shall comply with them.
Within six months after December 30, 1969, the
Secretary of Health and Human Services shall
establish, and the Secretary shall publish, as
provided in section 811 of this title, proposed
mandatory health standards establishing maximum noise exposure levels for all underground
coal mines. Beginning six months after the operative date of this subchapter, and at intervals of
at least every six months thereafter, the operator of each coal mine shall conduct, in a manner
prescribed by the Secretary of Health and
Human Services, tests by a qualified person of
the noise level at the mine and report and certify the results to the Secretary and the Secretary of Health and Human Services. In meet-

§ 861

ing such standard under this section, the operator shall not require the use of any protective
device or system, including personal devices,
which the Secretary or his authorized representative finds to be hazardous or cause a hazard to
the miners in such mine.
(Pub. L. 91–173, title II, § 206, Dec. 30, 1969, 83
Stat. 765; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in text, see section 509 of Pub. L. 91–173, set out as an
Effective Date note under section 801 of this title.
CODIFICATION
In text, ‘‘chapter 65 of title 41’’ substituted for ‘‘the
Walsh-Healey Public Contracts Act, as amended’’ on
authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat.
3854, which Act enacted Title 41, Public Contracts.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted in text for ‘‘Secretary of Health, Education,
and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88
which is classified to section 3508(b) of Title 20, Education.

SUBCHAPTER III—INTERIM MANDATORY
SAFETY
STANDARDS
FOR
UNDERGROUND COAL MINES
§ 861. Mandatory safety standards for underground mines
(a) Coverage; enforcement; review
The provisions of sections 862 through 878 of
this title shall be interim mandatory safety
standards applicable to all underground coal
mines until superseded in whole or in part by
improved mandatory safety standards promulgated by the Secretary under the provisions of
section 811 of this title, and shall be enforced in
the same manner and to the same extent as any
mandatory safety standard promulgated under
section 811 of this title. Any orders issued in the
enforcement of the interim standards set forth
in this subchapter shall be subject to review as
provided in subchapter I of this chapter.
(b) Purpose; initiation of studies and research
The purpose of this subchapter is to provide
for the immediate application of mandatory
safety standards developed on the basis of experience and advances in technology and to prevent newly created hazards resulting from new
technology in coal mining. The Secretary of the
Interior in coordination with the Secretary
shall immediately initiate studies, investigations, and research to further upgrade such
standards and to develop and promulgate new
and improved standards promptly that will provide increased protection to the miners, particularly in connection with hazards from trolley
wires, trolley feeder wires, and signal wires, the
splicing and use of trailing cables, and in connection with improvements in vulcanizing of
electric conductors, improvement in roof control measures, methane drainage in advance of
mining, improved methods of measuring methane and other explosive gases and oxygen concentrations, and the use of improved underground equipment and other sources of power for
such equipment.

TITLE 30—MINERAL LANDS AND MINING

§ 862

(Pub. L. 91–173, title III, § 301, Dec. 30, 1969, 83
Stat. 765; Pub. L. 95–164, title II, § 203, Nov. 9,
1977, 91 Stat. 1317.)
AMENDMENTS
1977—Subsec. (b). Pub. L. 95–164, § 203(a), substituted
‘‘The Secretary of the Interior in coordination with the
Secretary shall immediately initiate studies’’ for ‘‘The
Secretary shall immediately initiate studies’’.
Subsecs. (c), (d). Pub. L. 95–164, § 203(b), struck out
subsec. (c) which related to the modification of standards, and subsec. (d) which related to the applicability
of section 553 of title 5 in cases where the provisions of
sections 862 to 878 of this title had provided that certain actions, conditions, or requirements be carried out
as prescribed by the Secretary or the Secretary of
Health, Education, and Welfare.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.
EFFECTIVE DATE
Subchapter operative 90 days after Dec. 30, 1969, except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L.
91–173, set out as a note under section 801 of this title.

§ 862. Roof support
(a) Roof control plan; contents; review; availability
Each operator shall undertake to carry out on
a continuing basis a program to improve the
roof control system of each coal mine and the
means and measures to accomplish such system.
The roof and ribs of all active underground roadways, travelways, and working places shall be
supported or otherwise controlled adequately to
protect persons from falls of the roof or ribs. A
roof control plan and revisions thereof suitable
to the roof conditions and mining system of
each coal mine and approved by the Secretary
shall be adopted and set out in printed form
within sixty days after the operative date of this
subchapter. The plan shall show the type of support and spacing approved by the Secretary.
Such plan shall be reviewed periodically, at
least every six months by the Secretary, taking
into consideration any falls of roof or ribs or inadequacy of support of roof or ribs. No person
shall proceed beyond the last permanent support
unless adequate temporary support is provided
or unless such temporary support is not required
under the approved roof control plan and the absence of such support will not pose a hazard to
the miners. A copy of the plan shall be furnished
the Secretary or his authorized representative
and shall be available to the miners and their
representatives.
(b) Creation of dangers by roof falls
The method of mining followed in any coal
mine shall not expose the miner to unusual dangers from roof falls caused by excessive widths
of rooms and entries or faulty pillar recovery
methods.
(c) Location and supply of roof support material;
safety devices for roof work
The operator, in accordance with the approved
plan, shall provide at or near each working face

Page 150

and at such other locations in the coal mine as
the Secretary may prescribe an ample supply of
suitable materials of proper size with which to
secure the roof of all working places in a safe
manner. Safety posts, jacks, or other approved
devices shall be used to protect the workmen
when roof material is being taken down, crossbars are being installed, roof bolt- holes are
being drilled, roof bolts are being installed, and
in such other circumstances as may be appropriate. Loose roof and overhanging or loose
faces and ribs shall be taken down or supported.
Except in the case of recovery work, supports
knocked out shall be replaced promptly.
(d) Roof bolts
When installation of roof bolts is permitted,
such roof bolts shall be tested in accordance
with the approved roof control plan.
(e) Recovery of roof bolts
Roof bolts shall not be recovered where complete extractions of pillars are attempted, where
adjacent to clay veins, or at the locations of
other irregularities, whether natural or otherwise, that induce abnormal hazards. Where roof
bolt recovery is permitted, it shall be conducted
only in accordance with methods prescribed in
the approved roof control plan, and shall be conducted by experienced miners and only where
adequate temporary support is provided.
(f) Safety inspections; correction of dangerous
conditions
Where miners are exposed to danger from falls
of roof, face, and ribs the operator shall examine
and test the roof, face, and ribs before any work
or machine is started, and as frequently thereafter as may be necessary to insure safety. When
dangerous conditions are found, they shall be
corrected immediately.
(Pub. L. 91–173, title III, § 302, Dec. 30, 1969, 83
Stat. 766.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in subsec. (a), see section 509 of Pub. L. 91–173, set out
as an Effective Date note under section 801 of this title.

§ 863. Ventilation
(a) Equipment; approval; daily examinations
All coal mines shall be ventilated by mechanical ventilation equipment installed and operated
in a manner approved by an authorized representative of the Secretary and such equipment
shall be examined daily and a record shall be
kept of such examination.
(b) Standards for air in work areas
All active workings shall be ventilated by a
current of air containing not less than 19.5 volume per centum of oxygen, not more than 0.5
volume per centum of carbon dioxide, and no
harmful quantities of other noxious or poisonous gases; and the volume and velocity of the
current of air shall be sufficient to dilute,
render harmless, and to carry away, flammable,
explosive, noxious, and harmful gases, and dust,
and smoke and explosive fumes. The minimum
quantity of air reaching the last open crosscut
in any pair or set of developing entries and the
last open crosscut in any pair or set of rooms

Page 151

TITLE 30—MINERAL LANDS AND MINING

shall be nine thousand cubic feet a minute, and
the minimum quantity of air reaching the intake end of a pillar line shall be nine thousand
cubic feet a minute. The minimum quantity of
air in any coal mine reaching each working face
shall be three thousand cubic feet a minute.
Within three months after the operative date of
this subchapter, the Secretary shall prescribe
the minimum velocity and quantity of air reaching each working face of each coal mine in order
to render harmless and carry away methane and
other explosive gases and to reduce the level of
respirable dust to the lowest attainable level.
The authorized representative of the Secretary
may require in any coal mine a greater quantity
and velocity of air when he finds it necessary to
protect the health or safety of miners. Within
one year after the operative date of this subchapter, the Secretary or his authorized representative shall prescribe the maximum respirable dust level in the intake aircourses in
each coal mine in order to reduce such level to
the lowest attainable level. In robbing areas of
anthracite mines, where the air currents cannot
be controlled and measurements of the air cannot be obtained, the air shall have perceptible
movement.
(c) Line brattice; functions; exceptions; repairs;
flame resistant material
(1) Properly installed and adequately maintained line brattice or other approved devices
shall be continuously used from the last open
crosscut of an entry or room of each working
section to provide adequate ventilation to the
working faces for the miners and to remove
flammable, explosive, and noxious gases, dust,
and explosive fumes, unless the Secretary or his
authorized representative permits an exception
to this requirement, where such exception will
not pose a hazard to the miners. When damaged
by falls or otherwise, such line brattice or other
devices shall be repaired immediately.
(2) The space between the line brattice or
other approved device and the rib shall be large
enough to permit the flow of a sufficient volume
and velocity of air to keep the working face
clear of flammable, explosive, and noxious
gases, dust, and explosive fumes.
(3) Brattice cloth used underground shall be of
flame-resistant material.
(d) Pre-shift examinations and tests; scope; violations of mandatory standards; notification;
posting of ‘‘DANGER’’ signs; restriction of
entry; records; re-entry
(1) Within three hours immediately preceding
the beginning of any shift, and before any miner
in such shift enters the active workings of a coal
mine, certified persons designated by the operator of the mine shall examine such workings and
any other underground area of the mine designated by the Secretary or his authorized representative. Each such examiner shall examine
every working section in such workings and
shall make tests in each such working section
for accumulations of methane with means approved by the Secretary for detecting methane
and shall make tests for oxygen deficiency with
a permissible flame safety lamp or other means
approved by the Secretary; examine seals and
doors to determine whether they are functioning

§ 863

properly; examine and test the roof, face, and
rib conditions in such working section; examine
active roadways, travelways, and belt conveyors
on which men are carried, approaches to abandoned areas, and accessible falls in such section
for hazards; test by means of an anemometer or
other device approved by the Secretary to determine whether the air in each split is traveling in
its proper course and in normal volume and velocity; and examine for such other hazards and
violations of the mandatory health or safety
standards, as an authorized representative of the
Secretary may from time to time require. Belt
conveyors on which coal is carried shall be examined after each coal-producing shift has
begun. Such mine examiner shall place his initials and the date and time at all places he examines. If such mine examiner finds a condition
which constitutes a violation of a mandatory
health or safety standard or any condition
which is hazardous to persons who may enter or
be in such area, he shall indicate such hazardous
place
by
posting
a
‘‘DANGER’’
sign
conspiciously 1 at all points which persons entering such hazardous place would be required to
pass, and shall notify the operator of the mine.
No person, other than an authorized representative of the Secretary or a State mine inspector
or persons authorized by the operator to enter
such place for the purpose of eliminating the
hazardous condition therein, shall enter such
place while such sign is so posted. Upon completing his examination, such mine examiner
shall report the results of his examination to a
person, designated by the operator to receive
such reports at a designated station on the surface of the mine, before other persons enter the
underground areas of such mine to work in such
shift. Each such mine examiner shall also record
the results of his examination with ink or indelible pencil in a book approved by the Secretary
kept for such purpose in an area on the surface
of the mine chosen by the operator to minimize
the danger of destruction by fire or other hazard, and the record shall be open for inspection
by interested persons.
(2) No person (other than certified persons designated under this subsection) shall enter any
underground area, except during any shift, unless an examination of such area as prescribed in
this subsection has been made within eight
hours immediately preceding his entrance into
such area.
(e) Daily examinations and tests; scope; imminent danger; withdrawal of persons; abatement of danger
At least once during each coal-producing shift,
or more often if necessary for safety, each working section shall be examined for hazardous conditions by certified persons designated by the
operator to do so. Any such condition shall be
corrected immediately. If such condition creates
an imminent danger, the operator shall withdraw all persons from the area affected by such
condition to a safe area, except those persons referred to in section 814(d) of this title, until the
danger is abated. Such examination shall include tests for methane with a means approved
1 So

in original. Probably should be ‘‘conspicuously’’.

§ 863

TITLE 30—MINERAL LANDS AND MINING

by the Secretary for detecting methane and for
oxygen deficiency with a permissible flame safety lamp or other means approved by the Secretary.
(f) Weekly examination for hazardous conditions;
scope; notification; repairs; imminent danger; withdrawal of persons; abatement;
records
In addition to the pre-shift and daily examinations required by this section, examinations for
hazardous conditions, including tests for methane, and for compliance with the mandatory
health or safety standards, shall be made at
least once each week by a certified person designated by the operator in the return of each
split of air where it enters the main return, on
pillar falls, at seals, in the main return, at least
one entry of each intake and return aircourse in
its entirety, idle workings, and, insofar as safety
considerations permit, abandoned areas. Such
weekly examination need not be made during
any week in which the mine is idle for the entire
week, except that such examination shall be
made before any other miner returns to the
mine. The person making such examinations
and tests shall place his initials and the date
and time at the places examined, and if any hazardous condition is found, such condition shall
be reported to the operator promptly. Any hazardous condition shall be corrected immediately. If such condition creates an imminent
danger, the operator shall withdraw all persons
from the area affected by such condition to a
safe area, except those persons referred to in
section 814(d) of this title, until such danger is
abated. A record of these examinations, tests,
and actions taken shall be recorded in ink or indelible pencil in a book approved by the Secretary kept for such purpose in an area on the
surface of the mine chosen by the mine operator
to minimize the danger of destruction by fire or
other hazard, and the record shall be open for inspection by interested persons.
(g) Weekly ventilation examinations; scope;
records
At least once each week, a qualified person
shall measure the volume of air entering the
main intakes and leaving the main returns, the
volume passing through the last open crosscut
in any pair or set of developing entries and the
last open crosscut in any pair or set of rooms,
the volume and, when the Secretary so prescribes, the velocity reaching each working face,
the volume being delivered to the intake end of
each pillar line, and the volume at the intake
and return of each split of air. A record of such
measurements shall be recorded in ink or indelible pencil in a book approved by the Secretary
kept for such purpose in an area on the surface
of the coal mine chosen by the operator to minimize the danger of destruction by fire or other
hazard, and the record shall be open for inspection by interested persons.
(h) Methane examinations at working place;
periodic intervals; standards; procedures for
different air contents of methane
(1) At the start of each shift, tests for methane
shall be made at each working place immediately before electrically operated equipment is

Page 152

energized. Such tests shall be made by qualified
persons. If 1.0 volume per centum or more of
methane is detected, electrical equipment shall
not be energized, taken into, or operated in,
such working place until the air therein contains less than 1.0 volume per centum of methane. Examinations for methane shall be made
during the operation of such equipment at intervals of not more than twenty minutes during
each shift, unless more frequent examinations
are required by an authorized representative of
the Secretary. In conducting such tests, such
person shall use means approved by the Secretary for detecting methane.
(2) If at any time the air at any working place,
when tested at a point not less than twelve
inches from the roof, face, or rib, contains 1.0
volume per centum or more of methane, changes
or adjustments shall be made at once in the ventilation in such mine so that such air shall contain less than 1.0 volume per centum of methane. While such changes or adjustments are underway and until they have been achieved,
power to electric face equipment located in such
place shall be cut off, no other work shall be
permitted in such place, and due precautions
shall be carried out under the direction of the
operator or his agent so as not to endanger
other areas of the mine. If at any time such air
contains 1.5 volume per centum or more of
methane, all persons, except those referred to in
section 814(d) of this title, shall be withdrawn
from the area of the mine endangered thereby to
a safe area, and all electric power shall be cut
off from the endangered area of the mine, until
the air in such working place shall contain less
than 1.0 volume per centum of methane.
(i) Methane examination of air returning from
working section; periodic intervals; standards; procedures for different air contents;
virgin territory
(1) If, when tested, a split of air returning from
any working section contains 1.0 volume per
centum or more of methane, changes or adjustments shall be made at once in the ventilation
in the mine so that such returning air shall contain less than 1.0 volume per centum of methane. Tests under this paragraph and paragraph
(2) of this subsection shall be made at four-hour
intervals during each shift by a qualified person
designated by the operator of the mine. In making such tests, such person shall use means approved by the Secretary for detecting methane.
(2) If, when tested, a split of air returning from
any working section contains 1.5 volume per
centum or more of methane, all persons, except
those persons referred to in section 814(d) of this
title, shall be withdrawn from the area of the
mine endangered thereby to a safe area and all
electric power shall be cut off from the endangered area of the mine, until the air in such
split shall contain less than 1.0 volume per centum of methane.
(3) In virgin territory, if the quantity of air in
a split ventilating the active workings in such
territory equals or exceeds twice the minimum
volume of air prescribed in subsection (b) of this
section for the last open crosscut, if the air in
the split returning from such workings does not
pass over trolley wires or trolley feeder wires,

Page 153

TITLE 30—MINERAL LANDS AND MINING

and if a certified person designated by the operator is continually testing the methane content
of the air in such split during mining operations
in such workings, it shall be necessary to withdraw all persons, except those referred to in section 814(d) of this title, from the area of the
mine endangered thereby to a safe area and all
electric power shall be cut off from the endangered area only when the air returning from
such workings contains 2.0 volume per centum
or more of methane.
(j) Abandoned area air; pre-shift examination
Air which has passed by an opening of any
abandoned area shall not be used to ventilate
any working place in the coal mine if such air
contains 0.25 volume per centum or more of
methane. Examinations of such air shall be
made during the pre-shift examination required
by subsection (d) of this section. In making such
tests, a certified person designated by the operator shall use means approved by the Secretary
for detecting methane. For the purposes of this
subsection, an area within a panel shall not be
deemed to be abandoned until such panel is
abandoned.
(k) Abandoned area air; inaccessible or unsafe
for inspection; air from where pillars have
been removed
Air that has passed through an abandoned
area or an area which is inaccessible or unsafe
for inspection shall not be used to ventilate any
working place in any mine. No air which has
been used to ventilate an area from which the
pillars have been removed shall be used to ventilate any working place in a mine, except that
such air, if it does not contain 0.25 volume per
centum or more of methane, may be used to ventilate enough advancing working places immediately adjacent to the line of retreat to maintain an orderly sequence of pillar recovery on a
set of entries.
(l) Methane monitors; required equipment; maintenance; warnings; deenergizing of equipment
The Secretary or his authorized representative
shall require, as an additional device for detecting concentrations of methane, that a methane
monitor, approved as reliable by the Secretary
after the operative date of this subchapter, be
installed, when available, on any electric face
cutting equipment, continuous miner, longwall
face equipment, and loading machine, except
that no monitor shall be required to be installed
on any such equipment prior to the date on
which such equipment is required to be permissible under section 865(a) of this title. When installed on any such equipment, such monitor
shall be kept operative and properly maintained
and frequently tested as prescribed by the Secretary. The sensing device of such monitor shall
be installed as close to the working face as practicable. Such monitor shall be set to deenergize
automatically such equipment when such monitor is not operating properly and to give a
warning automatically when the concentration
of methane reaches a maximum percentage determined by an authorized representative of the
Secretary which shall not be more than 1.0 volume per centum of methane. An authorized rep-

§ 863

resentative of the Secretary shall require such
monitor to deenergize automatically equipment
on which it is installed when the concentration
of methane reaches a maximum percentage determined by such representative which shall not
be more than 2.0 volume per centum of methane.
(m) Idle area inspections; authorized inspectors
Idle and abandoned areas shall be inspected for
methane and for oxygen deficiency and other
dangerous conditions by a certified person with
means approved by the Secretary as soon as possible but not more than three hours before other
persons are permitted to enter or work in such
areas. Persons, such as pumpmen, who are required regularly to enter such areas in the performance of their duties, and who are trained
and qualified in the use of means approved by
the Secretary for detecting methane and in the
use of a permissible flame safety lamp or other
means approved by the Secretary for detecting
oxygen deficiency are authorized to make such
examinations for themselves, and each such person shall be properly equipped and shall make
such examinations upon entering any such area.
(n) Intentional roof falls; prior inspections; safeguards
Immediately before an intentional roof fall is
made, pillar workings shall be examined by a
qualified person designated by the operator to
ascertain whether methane is present. Such person shall use means approved by the Secretary
for detecting methane. If in such examination
methane is found in amounts of 1.0 volume per
centum or more, such roof fall shall not be made
until changes or adjustments are made in the
ventilation so that the air shall contain less
than 1.0 volume per centum of methane.
(o) Methane and dust control plans; contents
A ventilation system and methane and dust
control plan and revisions thereof suitable to
the conditions and the mining system of the
coal mine and approved by the Secretary shall
be adopted by the operator and set out in printed form within ninety days after the operative
date of this subchapter. The plan shall show the
type and location of mechanical ventilation
equipment installed and operated in the mine,
such additional or improved equipment as the
Secretary may require, the quantity and velocity of air reaching each working face, and such
other information as the Secretary may require.
Such plan shall be reviewed by the operator and
the Secretary at least every six months.
(p) Devices for detection of methane and oxygen
deficiency; maintenance
Each operator shall provide for the proper
maintenance and care of the permissible flame
safety lamp or any other approved device for detecting methane and oxygen deficiency by a person trained in such maintenance, and, before
each shift, care shall be taken to insure that
such lamp or other device is in a permissible
condition.
(q) Pillar recovery; areas without bleeder systems
Where areas are being pillared on the operative date of this subchapter without bleeder entries, or without bleeder systems or an equiva-

§ 863

TITLE 30—MINERAL LANDS AND MINING

lent means, pillar recovery may be completed in
the area, to the extent approved by an authorized representative of the Secretary, if the edges
of pillar lines adjacent to active workings are
ventilated with sufficient air to keep the air in
open areas along the pillar lines below 1.0 volume per centum of methane.
(r) Overcast and undercast intake air split requirements; time extension
Each mechanized mining section shall be ventilated with a separate split of intake air directed by overcasts, undercasts, or the equivalent, except an extension of time, not in excess
of nine months, may be permitted by the Secretary, under such conditions as he may prescribe, whenever he determines that this subsection cannot be complied with on the operative date of this subchapter.
(s) Blasting; prior and subsequent examinations
for methane
In all underground areas of a coal mine, immediately before firing each shot or group of multiple shots and after blasting is completed, examinations for methane shall be made by a
qualified person with means approved by the
Secretary for detecting methane. If methane is
found in amounts of 1.0 volume per centum or
more, changes or adjustments shall be made at
once in the ventilation so that the air shall contain less than 1.0 volume per centum of methane. No shots shall be fired until the air contains less than 1.0 volume per centum of methane.
(t) Mine fan stop plans; requisites
Each operator shall adopt a plan within sixty
days after the operative date of this subchapter
which shall provide that when any mine fan
stops, immediate action shall be taken by the
operator or his agent (1) to withdraw all persons
from the working sections, (2) to cut off the
power in the mine in a timely manner, (3) to
provide for restoration of power and resumption
of work if ventilation is restored within a reasonable period as set forth in the plan after the
working places and other active workings where
methane is likely to accumulate are reexamined
by a certified person to determine if methane in
amounts of 1.0 volume per centum or more exists therein, and (4) to provide for withdrawal of
all persons from the mine if ventilation cannot
be restored within such reasonable time. The
plan and revisions thereof approved by the Secretary shall be set out in printed form and a
copy shall be furnished to the Secretary or his
authorized representative.
(u) Modifications affecting main air current or
any split; withdrawal of personnel; removal
of power
Changes in ventilation which materially affect
the main air current or any split thereof and
which may affect the safety of persons in the
coal mine shall be made only when the mine is
idle. Only those persons engaged in making such
changes shall be permitted in the mine during
the change. Power shall be removed from the
areas affected by the change before work starts
to make the change and shall not be restored
until the effect of the change has been ascer-

Page 154

tained and the affected areas determined to be
safe by a certified person.
(v) Reading and countersigning of daily and
weekly reports; foreman; superintendent
The mine foreman shall read and countersign
promptly the daily reports of the pre-shift examiner and assistant mine foremen, and he shall
read and countersign promptly the weekly report covering the examinations for hazardous
conditions. Where such reports disclose hazardous conditions, they shall be corrected promptly. If such conditions create an imminent danger, the operator shall withdraw all persons
from, or prevent any person from entering, as
the case may be, the area affected by such conditions, except those persons referred to in section 814(d) of this title, until such danger is
abated. The mine superintendent or assistant
superintendent of the mine shall also read and
countersign the daily and weekly reports of such
persons.
(w) Daily mine condition reports; requisites; signatures
Each day, the mine foreman and each of his
assistants shall enter plainly and sign with ink
or indelible pencil in a book approved by the
Secretary provided for that purpose a report of
the condition of the mine or portion thereof
under his supervision, which report shall state
clearly the location and nature of any hazardous
condition observed by him or reported to him
during the day and what action was taken to
remedy such condition. Such book shall be kept
in an area on the surface of the mine chosen by
the operator to minimize the danger of destruction by fire or other hazard, and shall be open
for inspection by interested persons.
(x) Reopening of abandoned or declared inactive
mine; notification; inspection
Before a coal mine is reopened after having
been abandoned or declared inactive by the operator, the Secretary shall be notified, and an inspection shall be made of the entire mine by an
authorized representative of the Secretary before mining operations commence.
(y) Separation of intake and return aircourses
from belt haulage entries; standards
(1) In any coal mine opened after the operative
date of this subchapter, the entries used as intake and return aircourses shall be separated
from belt haulage entries, and each operator of
such mine shall limit the velocity of the air
coursed through belt haulage entries to the
amount necessary to provide an adequate supply
of oxygen in such entries, and to insure that the
air therein shall contain less than 1.0 volume
per centum of methane, and such air shall not be
used to ventilate active working places. Whenever an authorized representative of the Secretary finds, in the case of any coal mine opened
on or prior to the operative date of this subchapter which has been developed with more
than two entries, that the conditions in the entries, other than belt haulage entries, are such
as to permit adequately the coursing of intake
or return air through such entries, (1) the belt
haulage entries shall not be used to ventilate,
unless such entries are necessary to ventilate,

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TITLE 30—MINERAL LANDS AND MINING

active working places, and (2) when the belt
haulage entries are not necessary to ventilate
the active working places, the operator of such
mine shall limit the velocity of the air coursed
through the belt haulage entries to the amount
necessary to provide an adequate supply of oxygen in such entries, and to insure that the air
therein shall contain less than 1.0 volume per
centum of methane.
(2) In any coal mine opened on or after the operative date of this subchapter, or, in the case of
a coal mine opened prior to such date, in any
new working section of such mine, where trolley
haulage systems are maintained and where trolley wires or trolley feeder wires are installed, an
authorized representative of the Secretary shall
require a sufficient number of entries or rooms
as intake aircourses in order to limit, as prescribed by the Secretary, the velocity of air currents on such haulageways for the purpose of
minimizing the hazards associated with fires
and dust explosions in such haulageways.
(z) Pillar extractions; bleeder systems and sealing requirements; standards
(1) While pillars are being extracted in any
area of a coal mine, such area shall be ventilated in the manner prescribed by this section.
(2) Within nine months after the operative
date of this subchapter, all areas from which pillars have been wholly or partially extracted and
abandoned areas, as determined by the Secretary or his authorized representative, shall be
ventilated by bleeder entries or by bleeder systems or equivalent means, or be sealed, as determined by the Secretary or his authorized representative. When ventilation of such areas is
required, such ventilation shall be maintained
so as continuously to dilute, render harmless,
and carry away methane and other explosive
gases within such areas and to protect the active workings of the mine from the hazards of
such methane and other explosive gases. Air
coursed through underground areas from which
pillars have been wholly or partially extracted
which enters another split of air shall not contain more than 2.0 volume per centum of methane, when tested at the point it enters such
other split. When sealing is required, such seals
shall be made in an approved manner so as to
isolate with explosion-proof bulkheads such
areas from the active workings of the mine.
(3) In the case of mines opened on or after the
operative date of this subchapter, or in the case
of working sections opened on or after such date
in mines opened prior to such date, the mining
system shall be designed in accordance with a
plan and revisions thereof approved by the Secretary and adopted by such operator so that, as
each working section of the mine is abandoned,
it can be isolated from the active workings of
the mine with explosion-proof seals or bulkheads.
(Pub. L. 91–173, title III, § 303, Dec. 30, 1969, 83
Stat. 767.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in subsecs. (b), (l), (o), (q), (r), (t), (y), and (z)(2), (3), see
section 509 of Pub. L. 91–173, set out as an Effective
Date note under section 801 of this title.

§ 864

BELT HAULAGE ENTRIES FOR VENTILATION
Pub. L. 110–161, div. G, title I, § 112(a), Dec. 26, 2007, 121
Stat. 2168, provided that: ‘‘Not later than June 20, 2008,
the Secretary of Labor shall propose regulations pursuant to section 303(y) of the Federal Mine Safety and
Health Act of 1977 [30 U.S.C. 863(y)], consistent with the
recommendations of the Technical Study Panel established pursuant to section 11 of the Mine Improvement
and New Emergency Response (MINER) Act (Public
Law 109–236) [enacting section 963 of this title], to require that in any coal mine, regardless of the date on
which it was opened, belt haulage entries not be used
to ventilate active working places without prior approval from the Assistant Secretary. Further, a mine
ventilation plan incorporating the use of air coursed
through belt haulage entries to ventilate active working places shall not be approved until the Assistant
Secretary has reviewed the elements of the plan related
to the use of belt air and determined that the plan at
all times affords at least the same measure of protection where belt haulage entries are not used to ventilate working places. The Secretary shall finalize the
regulations not later than December 31, 2008.’’

§ 864. Combustible materials and rock dusting
(a) Accumulations; maintenance
Coal dust, including float coal dust deposited
on rock-dusted surfaces, loose coal, and other
combustible materials, shall be cleaned up and
not be permitted to accumulate in active workings, or on electric equipment therein.
(b) Abatement of hazards in active working
areas
Where underground mining operations in active workings create or raise excessive amounts
of dust, water or water with a wetting agent
added to it, or other no less effective methods
approved by the Secretary or his authorized representative, shall be used to abate such dust. In
working places, particularly in distances less
than forty feet from the face, water, with or
without a wetting agent, or other no less effective methods approved by the Secretary or his
authorized representative, shall be applied to
coal dust on the ribs, roof, and floor to reduce
dispersibility and to minimize the explosion hazard.
(c) Rock dusting of all areas of underground
mines; exceptions
All underground areas of a coal mine, except
those areas in which the dust is too wet or too
high in incombustible content to propagate an
explosion, shall be rock dusted to within forty
feet of all working faces, unless such areas are
inaccessible or unsafe to enter or unless the Secretary or his authorized representative permits
an exception upon his finding that such exception will not pose a hazard to the miners. All
crosscuts that are less than forty feet from a
working face shall also be rock dusted.
(d) Distribution of rock dust; places, quantities
Where rock dust is required to be applied, it
shall be distributed upon the top, floor, and
sides of all underground areas of a coal mine and
maintained in such quantities that the incombustible content of the combined coal dust, rock
dust, and other dust shall be not less than 65 per
centum, but the incombustible content in the
return aircourses shall be no less than 80 per
centum. Where methane is present in any ven-

§ 865

TITLE 30—MINERAL LANDS AND MINING

tilating current, the per centum of incombustible content of such combined dusts shall be increased 1.0 and 0.4 per centum for each 0.1 per
centum of methane where 65 and 80 per centum,
respectively, of incombustibles are required.
(e) Limitation of applicability
Subsections (b) through (d) of this section
shall not apply to underground anthracite
mines.
(Pub. L. 91–173, title III, § 304, Dec. 30, 1969, 83
Stat. 774.)
§ 865. Electrical equipment
(a) Allowable equipment; replacements; maintenance; permits for noncompliance; renewals;
limitations; list of electric face equipment;
survey of new and rebuilt equipment; publication of results
(1) Effective one year after the operative date
of this subchapter—
(A) all junction or distribution boxes used
for making multiple power connections inby
the last open crosscut shall be permissible;
(B) all handheld electric drills, blower and
exhaust fans, electric pumps, and such other
low horsepower electric face equipment as the
Secretary may designate within two months
after the operative date of this subchapter
which are taken into or used inby the last
open crosscut of any coal mine shall be permissible;
(C) all electric face equipment which is
taken into or used inby the last open crosscut
of any coal mine classified under any provision of law as gassy prior to the operative date
of this subchapter shall be permissible; and
(D) all other electric face equipment which
is taken into or used inby the last crosscut of
any coal mine, except a coal mine referred to
in paragraph (2) of this subsection, which has
not been classified under any provision of law
as a gassy mine prior to the operative date of
this subchapter shall be permissible.
(2) Effective four years after the operative
date of this subchapter, all electric face equipment, other than equipment referred to in paragraph (1)(B) of this subsection, which is taken
into or used inby the last open crosscut of any
coal mine which is operated entirely in coal
seams located above the watertable and which
has not been classified under any provision of
law as a gassy mine prior to the operative date
of this subchapter and in which one or more
openings were made prior to December 30, 1969,
shall be permissible, except that any operator of
such mine who is unable to comply with the provisions of this paragraph on such effective date
may file with the Panel an application for a permit for noncompliance ninety days prior to such
date. If the Panel determines, after notice to all
interested persons and an opportunity for a public hearing under section 804 of this title, that
such application satisfies the provisions of paragraph (10) of this subsection and that such operator, despite his diligent efforts, will be unable
to comply with such provisions, the Panel may
issue to such operator such a permit. Such permit shall entitle the permittee to an additional
extension of time to comply with the provisions

Page 156

of this paragraph of not to exceed twenty-four
months, as determined by the Panel, from such
effective date.
(3) The operator of each coal mine shall maintain in permissible condition all electric face
equipment required by this subsection to be permissible which is taken into or used inby the
last open crosscut of any such mine.
(4) Each operator of a coal mine shall, within
two months after the operative date of this subchapter, file with the Secretary a statement
listing all electric face equipment by type and
manufacturer being used by such operator in
connection with mining operations in such mine
as of the date of such filing, and stating whether
such equipment is permissible and maintained
in permissible condition or is nonpermissible on
such date of filing, and, if nonpermissible,
whether such nonpermissible equipment has
ever been rated as permissible, and such other
information as the Secretary may require.
(5) The Secretary shall promptly conduct a
survey as to the total availability of new or rebuilt permissible electric face equipment and replacement parts for such equipment and, within
six months after the operative date of this subchapter, publish the results of such survey.
(6) Any operator of a coal mine who is unable
to comply with the provisions of paragraph
(1)(D) of this subsection within one year after
the operative date of this subchapter may file
with the Panel an application for a permit for
noncompliance. If the Panel determines that
such application satisfies the provisions of paragraph (10) of this subsection, the Panel shall
issue to such operator a permit for noncompliance. Such permit shall entitle the permittee to
an extension of time to comply with such provisions of paragraph (1)(D) of not to exceed twelve
months, as determined by the Panel, from the
date that compliance with the provisions of
paragraph (1)(D) of this subsection is required.
(7) Any operator of a coal mine issued a permit
under paragraph (6) of this subsection who, ninety days prior to the termination of such permit,
or renewal thereof, determines that he will be
unable to comply with the provisions of paragraph (1)(D) of this subsection upon the expiration of such permit may file with the Panel an
application for renewal thereof. Upon receipt of
such application, the Panel, if it determines,
after notice to all interested persons and an opportunity for a public hearing under section 804
of this title, that such application satisfies the
provisions of paragraph (10) of this subsection
and that such operator, despite his diligent efforts, will be unable to comply with the provisions of paragraph (1)(D), may renew the permit
for a period not exceeding twelve months.
(8) Any permit or renewal thereof issued pursuant to this subsection shall entitle the permittee to use such nonpermissible electric face
equipment specified in the permit during the
term of such permit.
(9) Permits for noncompliance issued under
paragraphs (6) or (7) of this subsection shall, in
the aggregate, not extend the period of noncompliance more than forty-eight months after
December 30, 1969.
(10) Any application for a permit of noncompliance filed under this subsection shall contain a statement by the operator—

Page 157

TITLE 30—MINERAL LANDS AND MINING

(A) that he is unable to comply with paragraph (1)(D) or paragraph (2) of this subsection, as appropriate, within the time prescribed;
(B) listing the nonpermissible electric face
equipment being used by such operator in connection with mining operations in such mine
on the operative date of this subchapter and
the date of the application by type and manufacturer for which a noncompliance permit is
requested and whether such equipment had
ever been rated as permissible;
(C) setting forth the actions taken from and
after the operative date of this subchapter to
comply with paragraph (1)(D) or paragraph (2)
of this subsection, as appropriate, together
with a plan setting forth a schedule of compliance with said paragraphs for each such equipment referred to in such paragraphs and being
used by the operator in connection with mining operations in such mine with respect to
which such permit is requested and the means
and measures to be employed to achieve compliance; and
(D) including such other information as the
Panel may require.
(11) No permit for noncompliance shall be issued under this subsection for any nonpermissible electric face equipment, unless such equipment was being used by an operator in connection with the mining operations in a coal mine
on the operative date of this subchapter.
(12) Effective one year after the operative date
of this subchapter, all replacement equipment
acquired for use in any mine referred to in this
subsection shall be permissible and shall be
maintained in a permissible condition, and in
the event of any major overhaul of any item of
equipment in use one year from the operative
date of this subchapter such equipment shall be
put in, and thereafter maintained in, a permissible condition, unless, in the opinion of the Secretary, such equipment or necessary replacement parts are not available.
(b) Notification of permits
A copy of any permit granted under this section shall be mailed immediately to a representative of the miners of the mine to which it pertains, and to the public official or agency of the
State charged with administering State laws relating to coal mine health and safety in such
mine.
(c) Gassy mines; maintenance of equipment
Any coal mine which, prior to the operative
date of this subchapter, was classed gassy under
any provision of law and was required to use permissible electric face equipment and to maintain such equipment in a permissible condition
shall continue to use such equipment and to
maintain such equipment in such condition.
(d) Location of nonpermissible power connection
units
All power-connection points, except where permissible power connection units are used, outby
the last open crosscut shall be in intake air.
(e) Mine map; contents; modifications
The location and the electrical rating of all
stationary electric apparatus in connection with

§ 865

the mine electric system, including permanent
cables, switchgear, rectifying substations, transformers, permanent pumps and trolley wires and
trolley feeder wires, and settings of all directcurrent circuit breakers protecting underground
trolley circuits, shall be shown on a mine map.
Any changes made in a location, electric rating,
or setting shall be promptly shown on the map
when the change is made. Such map shall be
available to an authorized representative of the
Secretary and to the miners in such mine.
(f) Repairs; deenergizing of equipment; authorized personnel; locking out of disconnection
devices
All power circuits and electric equipment
shall be deenergized before work is done on such
circuits and equipment, except when necessary
for trouble shooting or testing. In addition, energized trolley wires may be repaired only by a
person trained to perform electrical work and to
maintain electrical equipment and the operator
of such mine shall require that such person wear
approved and tested insulated shoes and wireman’s gloves. No electrical work shall be performed on low-, medium-, or high-voltage distribution circuits or equipment, except by a
qualified person or by a person trained to perform electrical work and to maintain electrical
equipment under the direct supervision of a
qualified person. Disconnecting devices shall be
locked out and suitably tagged by the persons
who performed such work, except that, in cases
where locking out is not possible, such devices
shall be opened and suitably tagged by such persons. Locks or tags shall be removed only by the
persons who installed them or, if such persons
are unavailable, by persons authorized by the
operator or his agent.
(g) Periodic examinations; maintenance; records;
accessibility
All electric equipment shall be frequently examined, tested, and properly maintained by a
qualified person to assure safe operating conditions. When a potentially dangerous condition is
found on electric equipment, such equipment
shall be removed from service until such condition is corrected. A record of such examinations
shall be kept and made available to an authorized representative of the Secretary and to the
miners in such mine.
(h) Electrical conductors
All electric conductors shall be sufficient in
size and have adequate current-carrying capacity and be of such construction that a rise in
temperature resulting from normal operation
will not damage the insulating materials.
(i) Electrical connections
All electrical connections or splices in conductors shall be mechanically and electrically efficient, and suitable connectors shall be used. All
electrical connections or splices in insulated
wire shall be reinsulated at least to the same degree of protection as the remainder of the wire.
(j) Cables and wires; entry through metal frames
Cables shall enter metal frames of motors,
splice boxes, and electric compartments only
through proper fittings. When insulated wires
other than cables pass through metal frames the

§ 866

TITLE 30—MINERAL LANDS AND MINING

holes shall be substantially bushed with insulated bushings.
(k) Support of power wires
All power wires (except trailing cables on mobile equipment, specially designed cables conducting high-voltage power to underground rectifying equipment or transformers, or bare or insulated ground and return wires) shall be supported on well-insulated insulators and shall not
contact combustible material, roof, or ribs.
(l) Insulation of power wires; exceptions
Power wires and cables, except trolley wires,
trolley feeder wires, and bare signal wires, shall
be insulated adequately and fully protected.
(m) Circuit breakers; overload protection for
three-phase motors
Automatic circuit-breaking devices or fuses of
the correct type and capacity shall be installed
so as to protect all electric equipment and circuits against short circuit and overloads. Threephase motors on all electric equipment shall be
provided with overload protection that will deenergize all three phases in the event that any
phase is overloaded.
(n) Disconnecting switches for main power circuits; location and installation
In all main power circuits, disconnecting
switches shall be installed underground within
five hundred feet of the bottoms of shafts and
boreholes through which main power circuits
enter the underground area of the mine and
within five hundred feet of all other places
where main power circuits enter the underground area of the mine.
(o) Switches
All electric equipment shall be provided with
switches or other controls that are safely designed, constructed, and installed.
(p) Lightning arresters
Each ungrounded, exposed power conductor
that leads underground shall be equipped with
suitable lightning arresters of approved type
within one hundred feet of the point where the
circuit enters the mine. Lightning arresters
shall be connected to a low resistance grounding
medium on the surface which shall be separated
from neutral grounds by a distance of not less
than twenty-five feet.
(q) Nonapproved devices
No device for the purpose of lighting any coal
mine which has not been approved by the Secretary or his authorized representative shall be
permitted in such mine.
(r) Deenergizing of electric face equipment
An authorized representative of the Secretary
may require in any mine that electric face
equipment be provided with devices that will
permit the equipment to be deenergized quickly
in the event of an emergency.

Page 158

(c), see section 509 of Pub. L. 91–173, set out as an Effective Date note under section 801 of this title.

§ 866. Trailing cables

REFERENCES IN TEXT

(a) Requirements established for flame resistant
cables
Trailing cables used in coal mines shall meet
the requirements established by the Secretary
for flame-resistant cables.
(b) Circuit breakers; markings and visual observation of position of disconnection devices
Short-circuit protection for trailing cables
shall be provided by an automatic circuit breaker or other no less effective device approved by
the Secretary of adequate current-interrupting
capacity in each ungrounded conductor. Disconnecting devices used to disconnect power
from trailing cables shall be plainly marked and
identified and such devices shall be equipped or
designed in such a manner that it can be determined by visual observation that the power is
disconnected.
(c) Distribution center junctions; safety connections
When two or more trailing cables junction to
the same distribution center, means shall be
provided to assure against connecting a trailing
cable to the wrong size circuit breaker.
(d) Temporary splices; usable period; exceptions;
quality
One temporary splice may be made in any
trailing cable. Such trailing cable may only be
used for the next twenty-four hour period. No
temporary splice shall be made in a trailing
cable within twenty-five feet of the machine, except cable reel equipment. Temporary splices in
trailing cables shall be made in a workmanlike
manner and shall be mechanically strong and
well insulated. Trailing cables or hand cables
which have exposed wires or which have splices
that heat or spark under load shall not be used.
As used in this subsection, the term ‘‘splice’’
means the mechanical joining of one or more
conductors that have been severed.
(e) Permanent splices; quality
When permanent splices in trailing cables are
made, they shall be—
(1) mechanically strong with adequate electrical conductivity and flexibility;
(2) effectively insulated and sealed so as to
exclude moisture; and
(3) vulcanized or otherwise treated with suitable materials to provide flame-resistant
qualities and good bonding to the outer jacket.
(f) Clamping of cables
Trailing cables shall be clamped to machines
in a manner to protect the cables from damage
and to prevent strain on the electrical connections. Trailing cables shall be adequately protected to prevent damage by mobile equipment.
(g) Making and breaking of connections to junction boxes
Trailing cable and power cable connections to
junction boxes shall not be made or broken
under load.

For the operative date of this subchapter, referred to
in subsecs. (a)(1), (2), (4) to (6), (10)(B), (C), (11), (12), and

(Pub. L. 91–173, title III, § 306, Dec. 30, 1969, 83
Stat. 779.)

(Pub. L. 91–173, title III, § 305, Dec. 30, 1969, 83
Stat. 775.)

Page 159

TITLE 30—MINERAL LANDS AND MINING

§ 867. Grounding of equipment
(a) Metallic enclosed power conductors; metallic
frames and other equipment; methods
All metallic sheaths, armors, and conduits enclosing power conductors shall be electrically
continuous throughout and shall be grounded by
methods approved by an authorized representative of the Secretary. Metallic frames, casings,
and other enclosures of electric equipment that
can become ‘‘alive’’ through failure of insulation
or by contact with energized parts shall be
grounded by methods approved by an authorized
representative of the Secretary. Methods other
than grounding which provide no less effective
protection may be permitted by the Secretary
or his authorized representative.
(b) Frames of offtrack direct current machines;
enclosures of related detached components
The frames of all offtrack direct current machines and the enclosures of related detached
components shall be effectively grounded, or
otherwise maintained at no less safe voltages,
by methods approved by an authorized representative of the Secretary.
(c) Stationary high-voltage equipment powered
by underground delta systems
The frames of all stationary high-voltage
equipment receiving power from ungrounded
delta systems shall be grounded by methods approved by an authorized representative of the
Secretary.
(d) Repairs of high-voltage lines; exceptions
High-voltage lines, both on the surface and underground, shall be deenergized and grounded
before work is performed on them, except that
repairs may be permitted, in the case of energized surface high-voltage lines, if such repairs
are made by a qualified person in accordance
with procedures and safeguards, including, but
not limited to a requirement that the operator
of such mine provide, test, and maintain protective devices in making such repairs, to be prescribed by the Secretary prior to the operative
date of this subchapter.
(e) Deenergizing of underground power circuits
on idle days; exceptions
When not in use, power circuits underground
shall be deenergized on idle days and idle shifts,
except that rectifiers and transformers may remain energized.
(Pub. L. 91–173, title III, § 307, Dec. 30, 1969, 83
Stat. 780.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in subsec. (d), see section 509 of Pub. L. 91–173, set out
as an Effective Date note under section 801 of this title.

§ 868. Underground high-voltage distribution
(a)

Circuits entering underground areas of
mines; circuit breakers
High-voltage circuits entering the underground area of any coal mine shall be protected
by suitable circuit breakers of adequate interrupting capacity which are properly tested and
maintained as prescribed by the Secretary. Such
breakers shall be equipped with devices to pro-

§ 868

vide protection against under-voltage, grounded
phase, short circuit, and overcurrent.
(b) Circuits extending underground and supplying equipment; direct neutral grounds;
ground conductors for frames, exceptions; location of disconnection devices, exceptions
High-voltage circuits extending underground
and supplying portable, mobile, or stationary
high-voltage equipment shall contain either a
direct or derived neutral which shall be grounded through a suitable resistor at the source
transformers, and a grounding circuit, originating at the grounded side of the grounding resistor, shall extend along with the power conductors and serve as a grounding conductor for the
frames of all high-voltage equipment supplied
power from that circuit, except that the Secretary or his authorized representative may permit ungrounded high-voltage circuits to be extended underground to feed stationary electrical
equipment if such circuits are either steel armored or installed in grounded, rigid steel conduit throughout their entire length, and upon
his finding that such exception does not pose a
hazard to the miners. Within one hundred feet of
the point on the surface where high-voltage circuits enter the underground portion of the mine,
disconnecting devices shall be installed and so
equipped or designed in such a manner that it
can be determined by visual observation that
the power is disconnected, except that the Secretary or his authorized representative may permit such devices to be installed at a greater distance from such area of the mine if he determines, based on existing physical conditions,
that such installation will be more accessible at
a greater distance and will not pose any hazard
to the miners.
(c) Grounding resistors
The grounding resistor, where required, shall
be of the proper ohmic value to limit the voltage
drop in the grounding circuit external to the resistor to not more than 100 volts under fault
conditions. The grounding resistor shall be rated
for maximum fault current continuously and insulated from ground for a voltage equal to the
phase-to-phase voltage of the system.
(d) Inclusion of fail safe ground check circuits in
resistance grounded systems; operative functions; time extension
Six months after the operative date of this
subchapter, high-voltage, resistance grounded
systems shall include a fail safe ground check
circuit to monitor continuously the grounding
circuit to assure continuity and the fail safe
ground check circuit shall cause the circuit
breaker to open when either the ground or pilot
check wire is broken, or other no less effective
device approved by the Secretary or his authorized representative to assure such continuity,
except that an extension of time, not in excess
of twelve months, may be permitted by the Secretary on a mine-by-mine basis if he determines
that such equipment is not available.
(e) Underground cables used in resistance
grounded systems; metallic shields for power
conductors; standards; splices
(1) Underground high-voltage cables used in
resistance grounded systems shall be equipped

§ 869

TITLE 30—MINERAL LANDS AND MINING

with metallic shields around each power conductor, with one or more ground conductors having
a total cross-sectional area of not less than onehalf the power conductor, and with an insulated
internal or external conductor not smaller than
No. 8 (AWG) for the ground continuity check
circuit.
(2) All such cables shall be adequate for the intended current and voltage. Splices made in
such cables shall provide continuity of all components.
(f) Couplers for power circuits; guidelines for
construction
Couplers that are used with medium-voltage
or high-voltage power circuits shall be of the
three-phase type with a full metallic shell, except that the Secretary may permit, under such
guidelines as he may prescribe, no less effective
couplers constructed of materials other than
metal. Couplers shall be adequate for the voltage and current expected. All exposed metal on
the metallic couplers shall be grounded to the
ground conductor in the cable. The coupler shall
be constructed so that the ground check continuity conductor shall be broken first and the
ground conductors shall be broken last when the
coupler is being uncoupled.
(g) Connections of single-phase loads
Single-phase loads, such as transformer primaries, shall be connected phase to phase.
(h) Installation of underground transmission cables
All underground high-voltage transmission cables shall be installed only in regularly inspected air courses and haulageways, and shall
be covered, buried, or placed so as to afford protection against damage, guarded where men regularly work or pass under them unless they are
six and one-half feet or more above the floor or
rail, securely anchored, properly insulated, and
guarded at ends, and covered, insulated, or
placed to prevent contact with trolley wires and
other low-voltage circuits.
(i) Disconnection devices; location; visual observation of position of switch
Disconnecting devices shall be installed at the
beginning of branch lines in high-voltage circuits and equipped or designed in such a manner
that it can be determined by visual observation
that the circuit is deenergized when the switches are open.
(j) Circuit breakers and disconnection devices;
markings
Circuit breakers and disconnecting switches
underground shall be marked for identification.
(k) Splices in cables used as trailing cables; terminations and splices in other cables
In the case of high-voltage cables used as
trailing cables, temporary splices shall not be
used and all permanent splices shall be made in
accordance with section 866(e) of this title. Terminations and splices in all other high-voltage
cables shall be made in accordance with the
manufacturer’s specifications.
(l) Grounding of frames of underground equipment
Frames, supporting structures, and enclosures
of stationary, portable, or mobile underground

Page 160

high-voltage equipment and all high-voltage
equipment supplying power to such equipment
receiving power from resistance grounded systems shall be effectively grounded to the highvoltage ground.
(m) Moving of power centers, transformers, and
cables; deenergizing; exceptions; safety
guidelines; record of examinations
Power centers and portable transformers shall
be deenergized before they are moved from one
location to another, except that, when equipment powered by sources other than such centers or transformers is not available, the Secretary may permit such centers and transformers to be moved while energized, if he determines that another equivalent or greater hazard
may otherwise be created, and if they are moved
under the supervision of a qualified person, and
if such centers and transformers are examined
prior to such movement by such person and
found to be grounded by methods approved by an
authorized representative of the Secretary and
otherwise protected from hazards to the miner.
A record shall be kept of such examinations.
High-voltage cables, other than trailing cables,
shall not be moved or handled at any time while
energized, except that, when such centers and
transformers are moved while energized as permitted under this subsection, energized highvoltage cables attached to such centers and
transformers may be moved only by a qualified
person and the operator of such mine shall require that such person wear approved and tested
insulated wireman’s gloves.
(Pub. L. 91–173, title III, § 308, Dec. 30, 1969, 83
Stat. 780.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in subsec. (d), see section 509 of Pub. L. 91–173, set out
as an Effective Date note under section 801 of this title.

§ 869. Underground low- and medium-voltage alternating current circuits
(a) Circuits providing power for three-phase
equipment; circuit breakers
Low- and medium-voltage power circuits serving three-phase alternating current equipment
shall be protected by suitable circuit breakers of
adequate interrupting capacity which are properly tested and maintained as prescribed by the
Secretary. Such breakers shall be equipped with
devices to provide protection against under-voltage, grounded phase, short circuit, and over-current.
(b) Circuits used underground; direct neutral
grounds; ground conductors for frames; exceptions; grounding resistors
Low- and medium-voltage three-phase alternating-current circuits used underground shall
contain either a direct or derived neutral which
shall be grounded through a suitable resistor at
the power center, and a grounding circuit, originating at the grounded side of the grounding resistor, shall extend along with the power conductors and serve as a grounding conductor for
the frames of all the electrical equipment supplied power from that circuit, except that the
Secretary or his authorized representative may

Page 161

TITLE 30—MINERAL LANDS AND MINING

permit ungrounded low- and medium-voltage
circuits to be used underground to feed such stationary electrical equipment if such circuits are
either steel armored or installed in grounded
rigid steel conduit throughout their entire
length. The grounding resistor, where required,
shall be of the proper ohmic value to limit the
ground fault current to 25 amperes. The grounding resistor shall be rated for maximum fault
current continuously and insulated from ground
for a voltage equal to the phase-to-phase voltage
of the system.
(c) Inclusion of fail safe ground check circuits in
resistance ground systems; operative functions; time extension; couplers for power circuits; guidelines for construction
Six months after the operative date of this
subchapter, low- and medium-voltage resistance
grounded systems shall include a fail safe
ground check circuit to monitor continuously
the grounding circuit to assure continuity which
ground check circuit shall cause the circuit
breaker to open when either the ground or pilot
check wire is broken, or other no less effective
device approved by the Secretary or his authorized representative to assure such continuity,
except that an extension of time, not in excess
of twelve months, may be permitted by the Secretary on a mine-by-mine basis if he determines
that such equipment is not available. Cable couplers shall be constructed so that the ground
check continuity conductor shall be broken first
and the ground conductors shall be broken last
when the coupler is being uncoupled.
(d) Disconnecting devices installed in conjunction with circuit breakers; purpose; trailing
cables for mobile equipment; guidelines for
construction; time extension; splices
Disconnecting devices shall be installed in
conjunction with the circuit breaker to provide
visual evidence that the power is disconnected.
Trailing cables for mobile equipment shall contain one or more ground conductors having a
cross sectional area of not less than one-half the
power conductor, and, six months after the operative date of this subchapter, an insulated conductor for the ground continuity check circuit
or other no less effective device approved by the
Secretary or his authorized representative to assure such continuity, except that an extension
of time, not in excess of twelve months may be
permitted by the Secretary on a mine-by-mine
basis if he determines that such equipment is
not available. Splices made in the cables shall
provide continuity of all components.
(e) Connections of single phase loads
Single phase loads shall be connected phase to
phase.
(f) Circuit breakers; markings
Circuit breakers shall be marked for identification.
(g) Trailing cables for medium voltage circuits;
guidelines for construction
Trailing cables for medium voltage circuits
shall include grounding conductors, a ground
check conductor, and ground metallic shields
around each power conductor or a grounded metallic shield over the assembly, except that on

§ 871

equipment employing cable reels, cables without
shields may be used if the insulation is rated
2,000 volts or more.
(Pub. L. 91–173, title III, § 309, Dec. 30, 1969, 83
Stat. 782.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in subsecs. (c) and (d), see section 509 of Pub. L. 91–173,
set out as an Effective Date note under section 801 of
this title.

§ 870. Trolley wires and trolley feeder wires
(a) Intervals for cutoff switches
Trolley wires and trolley feeder wires shall be
provided with cutout switches at intervals of
not more than 2,000 feet and near the beginning
of all branch lines.
(b) Overcurrent protection devices
Trolley wires and trolley feeder wires shall be
provided with overcurrent protection.
(c) Location of wires
Trolley wires and trolley feeder wires, highvoltage cables and transformers shall not be located inby the last open crosscut and shall be
kept at least 150 feet from pillar workings.
(d) Adequate insulation and guard devices; promulgation of safety guidelines
Trolley wires, trolley feeder wires, and bare
signal wires shall be insulated adequately where
they pass through doors and stoppings, and
where they cross other power wires and cables.
Trolley wires and trolley feeder wires shall be
guarded adequately (1) at all points where men
are required to work or pass regularly under the
wires; (2) on both sides of all doors and stoppings; and (3) at man-trip stations. The Secretary or his authorized representatives shall
specify other conditions where trolley wires and
trolley feeder wires shall be adequately protected to prevent contact by any person, or shall
require the use of improved methods to prevent
such contact. Temporary guards shall be provided where trackmen and other persons work in
proximity to trolley wires and trolley feeder
wires.
(Pub. L. 91–173, title III, § 310, Dec. 30, 1969, 83
Stat. 783.)
§ 871. Fire protection
(a) Firefighting equipment; promulgation of minimum requirements for equipment; existing
requirements; examinations after blasting
Each coal mine shall be provided with suitable
firefighting equipment adapted for the size and
conditions of the mine. The Secretary shall establish minimum requirements for the type,
quality, and quantity of such equipment, and
the interpretations of the Secretary or the Director of the United States Bureau of Mines relating to such equipment in effect on the operative date of this subchapter shall continue in effect until modified or superseded by the Secretary. After every blasting operation, an examination shall be made to determine whether fires
have been started.

§ 872

TITLE 30—MINERAL LANDS AND MINING

(b) Underground storage areas for lubricating
oils and greases; construction; exceptions
Underground storage places for lubricating oil
and grease shall be of fireproof construction. Except for specially prepared materials approved
by the Secretary, lubricating oil and grease kept
in all underground areas in a coal mine shall be
in fireproof, closed metal containers or other no
less effective containers approved by the Secretary.
(c) Housing of underground structures, stations,
shops, and pumps; construction; ventilation
Underground transformer stations, batterycharging stations, substations, compressor stations, shops, and permanent pumps shall be
housed in fireproof structures or areas. Air currents used to ventilate structures or areas enclosing electrical installations shall be coursed
directly into the return. Other underground
structures installed in a coal mine as the Secretary may prescribe shall be of fireproof construction.
(d) Use of arc or flame in underground mines;
fireproof enclosures; operations outside fireproof enclosures; procedures; standards
All welding, cutting, or soldering with arc or
flame in all underground areas of a coal mine
shall, whenever practicable, be conducted in
fireproof enclosures. Welding, cutting or soldering with arc or flame in other than a fireproof
enclosure shall be done under the supervision of
a qualified person who shall make a diligent
search for fire during and after such operations
and shall, immediately before and during such
operations, continuously test for methane with
means approved by the Secretary for detecting
methane. Welding, cutting, or soldering shall
not be conducted in air that contains 1.0 volume
per centum or more of methane. Rock dust or
suitable fire extinguishers shall be immediately
available during such welding, cutting, or soldering.
(e) Installation of fire suppression devices on unattended underground equipment; flame-resistant hydraulic fluids
Within one year after the operative date of
this subchapter, fire suppression devices meeting specifications prescribed by the Secretary
shall be installed on unattended underground
equipment and suitable fire-resistant hydraulic
fluids approved by the Secretary shall be used in
the hydraulic systems of such equipment. Such
fluids shall be used in the hydraulic systems of
other underground equipment unless fire suppression devices meeting specifications prescribed by the Secretary are installed on such
equipment.
(f) Deluge-type water sprays at main and secondary drives
Deluge-type water sprays or foam generators
automatically actuated by rise in temperature,
or other no less effective means approved by the
Secretary of controlling fire, shall be installed
at main and secondary belt-conveyor drives.
Where sprays or foam generators are used they
shall supply a sufficient quantity of water or
foam to control fires.

Page 162

(g) Installation of slippage and sequence switches on belt conveyors; fire suppression devices on belt haulageways
Underground belt conveyors shall be equipped
with slippage and sequence switches. The Secretary shall, within sixty days after the operative date of this subchapter, require that devices
be installed on all such belts which will give a
warning automatically when a fire occurs on or
near such belt. The Secretary shall prescribe a
schedule for installing fire suppression devices
on belt haulageways.
(h) Flame-resistant conveyor belt
On and after the operative date of this subchapter, all conveyor belts acquired for use underground shall meet the requirements to be established by the Secretary for flame-resistant
conveyor belts.
(Pub. L. 91–173, title III, § 311, Dec. 30, 1969, 83
Stat. 783; Pub. L. 102–285, § 10(b), May 18, 1992, 106
Stat. 172.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
subsecs. (a), (e), (g), and (h), see section 509 of Pub. L.
91–173, set out as an Effective Date note under section
801 of this title.
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted for
‘‘Bureau of Mines’’ in subsec. (a) pursuant to section
10(b) of Pub. L. 102–285, set out as a note under section
1 of this title. For provisions relating to closure and
transfer of functions of the United States Bureau of
Mines, see Transfer of Functions note set out under
section 1 of this title.

§ 872. Maps
(a) Fireproof repository; contents; certification
The operator of a coal mine shall have in a
fireproof repository located in an area on the
surface of the mine chosen by the mine operator
to minimize the danger of destruction by fire or
other hazard, an accurate and up-to-date map of
such mine drawn on scale. Such map shall show
the active workings, all pillared, worked out,
and abandoned areas, except as provided in this
section, entries and aircourses with the direction of airflow indicated by arrows, contour
lines of all elevations, elevations of all main and
cross or side entries, dip of the coalbed, escapeways, adjacent mine workings within one thousand feet, mines above or below, water pools
above, and either producing or abandoned oil
and gas wells located within five hundred feet of
such mine and any underground area of such
mine, and such other information as the Secretary may require. Such map shall identify
those areas of the mine which have been pillared, worked out, or abandoned which are inaccessible or cannot be entered safely and on
which no information is available. Such map
shall be made or certified by a registered engineer or a registered surveyor of the State in
which the mine is located. Such map shall be
kept up to date by temporary notations and
such map shall be revised and supplemented at
intervals prescribed by the Secretary on the
basis of a survey made or certified by such engineer or surveyor.

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TITLE 30—MINERAL LANDS AND MINING

(b) Availability for inspection; confidential copies
The coal mine map and any revision and supplement thereof shall be available for inspection
by the Secretary or his authorized representative, by coal mine inspectors of the State in
which the mine is located, by miners in the
mine and their representatives and by operators
of adjacent coal mines and by persons owning,
leasing, or residing on surface areas of such
mines or areas adjacent to such mines. The operator shall furnish to the Secretary or his authorized representative and to the Secretary of
Housing and Urban Development, upon request,
one or more copies of such map and any revision
and supplement thereof. Such map or revision
and supplement thereof shall be kept confidential and its contents shall not be divulged to any
other person, except to the extent necessary to
carry out the provisions of this chapter and in
connection with the functions and responsibilities of the Secretary of Housing and Urban Development.
(c) Notification of mine closures; filing of revised
and supplemental map; certification
Whenever an operator permanently closes or
abandons a coal mine, or temporarily closes a
coal mine for a period of more than ninety days,
he shall promptly notify the Secretary of such
closure. Within sixty days of the permanent closure or abandonment of the mine, or, when the
mine is temporarily closed, upon the expiration
of a period of ninety days from the date of closure, the operator shall file with the Secretary
a copy of the mine map revised and supplemented to the date of the closure. Such copy of
the mine map shall be certified by a registered
surveyor or registered engineer of the State in
which the mine is located and shall be available
for public inspection.
(Pub. L. 91–173, title III, § 312, Dec. 30, 1969, 83
Stat. 785.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.

§ 873. Blasting and explosives
(a) Limitations on storage and use of black powder and mudcaps
Black blasting powder shall not be stored or
used underground. Mudcaps (adobes) or other
unconfined shots shall not be fired underground.
(b) Storage of explosives and detonators; mudcaps in anthracite mines; restrictions; tests
Explosives and detonators shall be kept in separate containers until immediately before blasting. In underground anthracite mines, (1) mudcaps or other open, unconfined shake shots may
be fired, if restricted to battery starting when
methane or a fire hazard is not present, and if it
is otherwise impracticable to start the battery;
(2) open, unconfined shake shots in pitching
veins may be fired, when no methane or fire haz-

§ 873

ard is present, if the taking down of loose hanging coal by other means is too hazardous; and (3)
tests for methane shall be made immediately before such shots are fired and if 1.0 volume per
centum or more of methane is present, when
tested, such shot shall not be made until the
methane content is reduced below 1.0 volume per
centum.
(c) Permissible explosives, detonators, and devices; firing; stem boreholes; nonpermissible
explosives; compressed air blasting
Except as provided in this subsection, in all
underground areas of a coal mine only permissible explosives, electric detonators of proper
strength, and permissible blasting devices shall
be used and all explosives and blasting devices
shall be used in a permissible manner. Permissible explosives shall be fired only with permissible shot firing units. Only incombustible materials shall be used for stemming boreholes. The
Secretary may, under such safeguards as he may
prescribe, permit the firing of more than twenty
shots and allow the use of nonpermissible explosives in sinking shafts and slopes from the surface in rock. Nothing in this section shall prohibit the use of compressed air blasting.
(d) Container construction for carrying explosives or detonators in underground mines
Explosives or detonators carried anywhere underground in a coal mine by any person shall be
in containers constructed of nonconductive material, maintained in good condition, and kept
closed.
(e) Transportation of explosives or detonators in
underground mines
Explosives or detonators shall be transported
in special closed containers (1) in cars moved by
means of a locomotive or rope, (2) on belts, (3) in
shuttle cars, or (4) in equipment designed especially to transport such explosives or detonators.
(f) Storage of explosives and detonators in working sections of underground mines; containers; locations
When supplies of explosives and detonators for
use in one or more working sections are stored
underground, they shall be kept in section boxes
or magazines of substantial construction with
no metal exposed on the inside, located at least
twenty-five feet from roadways and power wires,
and in a dry, well rock-dusted location protected
from falls of roof, except in pitching beds, where
it is not possible to comply with the location requirement, such boxes shall be placed in niches
cut into the solid coal or rock.
(g) Location of explosive and detonator containers in working places of underground mines
Explosives and detonators stored in the working places shall be kept in separate closed containers which shall be located out of the line of
blast and not less than fifty feet from the working face and fifteen feet from any pipeline,
powerline, rail, or conveyor, except that, if kept
in niches in the rib, the distance from any pipeline, powerline, rail, or conveyor shall be at
least five feet. Such explosives and detonators,
when stored, shall be separated by a distance of
at least five feet.

§ 874

TITLE 30—MINERAL LANDS AND MINING

(Pub. L. 91–173, title III, § 313, Dec. 30, 1969, 83
Stat. 785.)
§ 874. Hoisting and mantrips
(a) Transporting of persons; required equipment
and capabilities; safety catches; daily examinations; operators
Every hoist used to transport persons at a coal
mine shall be equipped with overspeed,
overwind, and automatic stop controls. Every
hoist handling platforms, cages, or other devices
used to transport persons shall be equipped with
brakes capable of stopping the fully loaded platform, cage, or other device; with hoisting cable
adequately strong to sustain the fully loaded
platform, cage, or other device; and have a proper margin of safety. Cages, platforms, or other
devices which are used to transport persons in
shafts and slopes shall be equipped with safety
catches or other no less effective devices approved by the Secretary that act quickly and effectively in an emergency, and such catches
shall be tested at least once every two months.
Hoisting equipment, including automatic elevators, that is used to transport persons shall be
examined daily. Where persons are transported
into, or out of, a coal mine by hoists, a qualified
hoisting engineer shall be on duty while any
person is underground, except that no such engineer shall be required for automatically operated cages, platforms, or elevators.
(b) Promulgation of other safeguards
Other safeguards adequate, in the judgment of
an authorized representative of the Secretary,
to minimize hazards with respect to transportation of men and materials shall be provided.
(c) Rated capacities; indicator for position of
cage
Hoists shall have rated capacities consistent
with the loads handled and the recommended
safety factors of the ropes used. An accurate and
reliable indicator of the position of the cage,
platform, skip, bucket, or cars shall be provided.
(d) Methods for signaling between shaft stations
and hoist rooms
There shall be at least two effective methods
approved by the Secretary of signaling between
each of the shaft stations and the hoist room,
one of which shall be a telephone or speaking
tube.
(e) Braking equipment for haulage cars used in
underground mines
Each locomotive and haulage car used in an
underground coal mine shall be equipped with
automatic brakes, where space permits. Where
space does not permit automatic brakes, locomotives and haulage cars shall be subject to
speed reduction gear, or other similar devices
approved by the Secretary which are designed to
stop the locomotives and haulage cars with the
proper margin of safety.
(f) Automatic couplers for haulage equipment
All haulage equipment acquired by an operator of a coal mine on or after one year after the
operative date of this subchapter shall be
equipped with automatic couplers which couple
by impact and uncouple without the necessity of

Page 164

persons going between the ends of such equipment. All haulage equipment without automatic
couplers in use in a mine on the operative date
of this subchapter shall also be so equipped
within four years after the operative date of this
subchapter.
(Pub. L. 91–173, title III, § 314, Dec. 30, 1969, 83
Stat. 786.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in subsec. (f), see section 509 of Pub. L. 91–173, set out
as an Effective Date note under section 801 of this title.

§ 875. Emergency shelters; construction; contents; implementation plans
The Secretary or an authorized representative
of the Secretary may prescribe in any coal mine
that rescue chambers, properly sealed and ventilated, be erected at suitable locations in the
mine to which persons may go in case of an
emergency for protection against hazards. Such
chambers shall be properly equipped with first
aid materials, an adequate supply of air and selfcontained breathing equipment, an independent
communication system to the surface, and proper accommodations for the persons while awaiting rescue, and such other equipment as the Secretary may require. A plan for the erection,
maintenance, and revisions of such chambers
and the training of the miners in their proper
use shall be submitted by the operator to the
Secretary for his approval.
(Pub. L. 91–173, title III, § 315, Dec. 30, 1969, 83
Stat. 787.)
REGULATIONS
Pub. L. 110–161, div. G, title I, § 112(b), Dec. 26, 2007, 121
Stat. 2168, provided that: ‘‘Not later than June 15, 2008,
the Secretary of Labor shall propose regulations pursuant to section 315 of the Federal Coal Mine Health and
Safety Act of 1969 [30 U.S.C. 875], consistent with the
recommendations of the National Institute for Occupational Safety and Health pursuant to section 13 of the
MINER Act (Public Law 109–236) [120 Stat. 504], requiring rescue chambers, or facilities that afford at least
the same measure of protection, in underground coal
mines. The Secretary shall finalize the regulations not
later than December 31, 2008.’’

§ 876. Communication facilities; locations and
emergency response plans
(a) In general
Telephone service or equivalent two-way communication facilities, approved by the Secretary
or his authorized representative, shall be provided between the surface and each landing of
main shafts and slopes and between the surface
and each working section of any coal mine that
is more than one hundred feet from a portal.
(b) Accident preparedness and response
(1) In general
Each underground coal mine operator shall
carry out on a continuing basis a program to
improve accident preparedness and response at
each mine.
(2) Response and preparedness plan
(A) In general
Not later than 60 days after June 15, 2006,
each underground coal mine operator shall

Page 165

TITLE 30—MINERAL LANDS AND MINING

develop and adopt a written accident response plan that complies with this subsection with respect to each mine of the operator, and periodically update such plans to
reflect changes in operations in the mine,
advances in technology, or other relevant
considerations. Each such operator shall
make the accident response plan available to
the miners and the miners’ representatives.
(B) Plan requirements
An accident response plan under subparagraph (A) shall—
(i) provide for the evacuation of all individuals endangered by an emergency; and
(ii) provide for the maintenance of individuals trapped underground in the event
that miners are not able to evacuate the
mine.
(C) Plan approval
The accident response plan under subparagraph (A) shall be subject to review and approval by the Secretary. In determining
whether to approve a particular plan the
Secretary shall take into consideration all
comments submitted by miners or their representatives. Approved plans shall—
(i) afford miners a level of safety protection at least consistent with the existing
standards, including standards mandated
by law and regulation;
(ii) reflect the most recent credible scientific research;
(iii) be technologically feasible, make
use of current commercially available
technology, and account for the specific
physical characteristics of the mine; and
(iv) reflect the improvements in mine
safety gained from experience under this
chapter and other worker safety and
health laws.
(D) Plan review
The accident response plan under subparagraph (A) shall be reviewed periodically, but
at least every 6 months, by the Secretary. In
such periodic reviews, the Secretary shall
consider all comments submitted by miners
or miners’ representatives and intervening
advancements in science and technology
that could be implemented to enhance miners’ ability to evacuate or otherwise survive
in an emergency.
(E) Plan content-general requirements
To be approved under subparagraph (C), an
accident response plan shall include the following:
(i) Post-accident communications
The plan shall provide for a redundant
means of communication with the surface
for persons underground, such as secondary telephone or equivalent two-way communication.
(ii) Post-accident tracking
Consistent with commercially available
technology and with the physical constraints, if any, of the mine, the plan shall
provide for above ground personnel to determine the current, or immediately pre-

§ 876

accident, location of all underground personnel. Any system so utilized shall be
functional, reliable, and calculated to remain serviceable in a post-accident setting.
(iii) Post-accident breathable air
The plan shall provide for—
(I) emergency supplies of breathable
air for individuals trapped underground
sufficient to maintain such individuals
for a sustained period of time;
(II) in addition to the 2 hours of
breathable air per miner required by law
under the emergency temporary standard as of the day before June 15, 2006,
caches of self-rescuers providing in the
aggregate not less than 2 hours per
miner to be kept in escapeways from the
deepest work area to the surface at a distance of no further than an average
miner could walk in 30 minutes;
(III) a maintenance schedule for checking the reliability of self rescuers, retiring older self-rescuers first, and introducing new self-rescuer technology, such
as units with interchangeable air or oxygen cylinders not requiring doffing to replenish airflow and units with supplies of
greater than 60 minutes, as they are approved by the Administration and become available on the market; and
(IV) training for each miner in proper
procedures for donning self-rescuers,
switching from one unit to another, and
ensuring a proper fit.
(iv) Post-accident lifelines
The plan shall provide for the use of
flame-resistant directional lifelines or
equivalent systems in escapeways to enable evacuation. The flame-resistance requirement of this clause shall apply upon
the replacement of existing lifelines, or, in
the case of lifelines in working sections,
upon the earlier of the replacement of such
lifelines or 3 years after June 15, 2006.
(v) Training
The plan shall provide a training program for emergency procedures described
in the plan which will not diminish the requirements for mandatory health and safety training currently required under section 825 of this title.
(vi) Local coordination
The plan shall set out procedures for coordination and communication between
the operator, mine rescue teams, and local
emergency response personnel and make
provisions for familiarizing local rescue
personnel with surface functions that may
be required in the course of mine rescue
work.
(F) Plan content-specific requirements
(i) In general
In addition to the content requirements
contained in subparagraph (E), and subject
to the considerations contained in subparagraph (C), the Secretary may make

§ 877

TITLE 30—MINERAL LANDS AND MINING

additional plan requirements with respect
to any of the content matters.
(ii) Post accident communications
Not later than 3 years after June 15, 2006,
a plan shall, to be approved, provide for
post accident communication between underground and surface personnel via a
wireless two-way medium, and provide for
an electronic tracking system permitting
surface personnel to determine the location of any persons trapped underground
or set forth within the plan the reasons
such provisions can not be adopted. Where
such plan sets forth the reasons such provisions can not be adopted, the plan shall
also set forth the operator’s alternative
means of compliance. Such alternative
shall approximate, as closely as possible,
the degree of functional utility and safety
protection provided by the wireless twoway medium and tracking system referred
to in this subpart.1
(G) Plan dispute resolution
(i) In general
Any dispute between the Secretary and
an operator with respect to the content of
the operator’s plan or any refusal by the
Secretary to approve such a plan shall be
resolved on an expedited basis.
(ii) Disputes
In the event of a dispute or refusal described in clause (i), the Secretary shall
issue a citation which shall be immediately referred to a Commission Administrative Law Judge. The Secretary and the
operator shall submit all relevant material
regarding the dispute to the Administrative Law Judge within 15 days of the date
of the referral. The Administrative Law
Judge shall render his or her decision with
respect to the plan content dispute within
15 days of the receipt of the submission.
(iii) Further appeals
A party adversely affected by a decision
under clause (ii) may pursue all further
available appeal rights with respect to the
citation involved, except that inclusion of
the disputed provision in the plan will not
be limited by such appeal unless such relief is requested by the operator and permitted by the Administrative Law Judge.
(H) Maintaining protections for miners
Notwithstanding any other provision of
this chapter, nothing in this section, and no
response and preparedness plan developed
under this section, shall be approved if it reduces the protection afforded miners by an
existing mandatory health or safety standard.
(Pub. L. 91–173, title III, § 316, Dec. 30, 1969, 83
Stat. 787; Pub. L. 109–236, § 2, June 15, 2006, 120
Stat. 493.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b)(2)(C)(iv), (H),
was in the original ‘‘this Act’’, meaning Pub. L. 91–173,
1 So

in original. Probably should be ‘‘subparagraph’’.

Page 166

Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine
Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 801 of this title and Tables.
AMENDMENTS
2006—Pub. L. 109–236 inserted ‘‘and emergency response plans’’ after ‘‘locations’’ in section catchline,
designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).

§ 877. General safety provisions
(a) Location of oil and gas wells; establishment
and maintenance of barriers; minimum requisites; exceptions
Each operator of a coal mine shall take reasonable measures to locate oil and gas wells penetrating coalbeds or any underground area of a
coal mine. When located, such operator shall establish and maintain barriers around such oil
and gas wells in accordance with State laws and
regulations, except that such barriers shall not
be less than three hundred feet in diameter, unless the Secretary or his authorized representative permits a lesser barrier consistent with the
applicable State laws and regulations where
such lesser barrier will be adequate to protect
against hazards from such wells to the miners in
such mine, or unless the Secretary or his authorized representative requires a greater barrier where the depth of the mine, other geologic
conditions, or other factors warrant such a
greater barrier.
(b) Boreholes in advance of work face; distance
in advance of work face; distance between
boreholes
Whenever any working place approaches within fifty feet of abandoned areas in the mine as
shown by surveys made and certified by a registered engineer or surveyor, or within two hundred feet of any other abandoned areas of the
mine which cannot be inspected and which may
contain dangerous accumulations of water or
gas, or within two hundred feet of any workings
of an adjacent mine, a borehole or boreholes
shall be drilled to a distance of at least twenty
feet in advance of the working face of such
working place and shall be continually maintained to a distance of at least ten feet in advance of the advancing working face. When
there is more than one borehole, they shall be
drilled sufficiently close to each other to insure
that the advancing working face will not accidentally hole through into abandoned areas or
adjacent mines. Boreholes shall also be drilled
not more than eight feet apart in the rib of such
working place to a distance of at least twenty
feet and at an angle of forty-five degrees. Such
rib holes shall be drilled in one or both ribs of
such working place as may be necessary for adequate protection of miners in such place.
(c) Prohibition against smoking; implementation
programs
No person shall smoke, carry smoking materials, matches, or lighters underground, or
smoke in or around oil houses, explosives magazines, or other surface areas where such practice
may cause a fire or explosion. The operator shall
institute a program, approved by the Secretary,

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TITLE 30—MINERAL LANDS AND MINING

to insure that any person entering the underground area of the mine does not carry smoking
materials, matches, or lighters.
(d) Portable electric lamps; exceptions
Persons underground shall use only permissible electric lamps approved by the Secretary
for portable illumination. No open flame shall
be permitted in the underground area of any
coal mine, except as permitted under section
871(d) of this title.
(e) Promulgation of lighting standards
Within nine months after the operative date of
this subchapter, the Secretary shall propose the
standards under which all working places in a
mine shall b