30 U.S.C. § 202a : US Code - Section 202A: Consolidation of coal leases into logical mining unit

Search 30 U.S.C. § 202a : US Code - Section 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 mining 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.