(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) ofsection
comprise this section, subsec. (c) ofsection
of this title, and subsec. (d) ofsection
, as added by section 5(b) ofPub. L. 94–377
, comprises section
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
, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section
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
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
Section is comprised of subsecs. (a) and (b) ofsection
of act Feb. 25, 1920, as amended by section 1 of act June 3, 1948. Subsec. (c) ofsection
of act Feb. 25, 1920, is classified to section
of this title. Subsec. (d) of said section
, as added by Pub. L. 94–377
, § 5(b),Aug. 4, 1976, 90 Stat. 1086
, is classified to section
of this title.
2005—Subsec. (a)(4), (5). Pub. L. 109–58
added pars. (4) and (5).
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
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
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.”
Section 4 ofPub. 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
, The Public Health and Welfare. Section
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 ofPub. 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
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 ofPub. L. 94–377
provided that: “Nothing in this Act [see Short Title of 1976 Amendment note under section
of this title], or the Mineral Lands Leasing Act [this chapter] and the Mineral Leasing Act for Acquired Lands [section
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
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
, 73 Stat. c16, as required by sections 1 and 8(c) ofPub. L. 85–508
, July 7, 1958, 72 Stat. 339
, set out as notes preceding section
, Territories and Insular Possessions.