claim, 12 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.

(As amended Nov. 16, 1981, Pub. L. 97-78, § 1(6), (8), 95 Stat. 1070, 1071.)

REFERENCES IN TEXT

The Combined Hydrocarbon Leasing Act of 1981, referred to in subsec. (k)(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.

AMENDMENTS

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), added proviso that competitive leases in special tar sand areas be fore a primary term of ten years.

Subsec. (k). Pub. L. 97-78, § 1(8), added subsec. (k).

TRANSFER OF FUNCTIONS

The functions of the Secretary of the Interior, referred to in subsec. (j), to promulgate regulations under this chapter relating to 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, were transferred to the 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 Section 7152(b) of Title 42 was repealed by Pub.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 the functions of the Secretary of Energy were returned to the Secretary of the Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 181, 188, 223, 236a of this title; title 10 sections 7421, 7427, 7435.

§ 237. Delinquent royalty accounts under leases regulating development of oil and gas on Federal lands; recommendations for corrective action

As soon as feasible and no later than ninety days after September 18, 1978, and annually thereafter, the Secretary of the Interior shall submit a report or reports to the Congress describing the extent, during the two-year period preceding such report, of delinquent royalty accounts under leases issued under any Act which regulates the development of oil and gas on Federal lands, and what new auditing, postauditing, and accounting procedures have been adopted to assure accurate and timely payment of royalties and net profit shares. Such report or reports shall include any recommendations for corrective action which the Secretary of the Interior determines to be appropriate.

(Pub. L. 95-372, title VI, § 602, Sept. 18, 1978, 92 Stat. 694.)

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437, the Mineral Lands Leasing Act, which comprises subchapters I to VII of this chapter. SUBCHAPTER V-OIL SHALE

§ 241. Leases of lands

(a) Authorization; survey; terms, royalties and annual rentals; readjustments on renewals; rights of existing claimants; fraud of claimants

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. No lease hereunder shall exceed five thousand one hundred and twenty 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. 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. 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 50 cents 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 pay. ment of any royalty and rental during the first five years of any 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. Not more than one lease shall be granted under this section to any one person, association, or corporation except that with respect to leases 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) no person, association, or corpora

tion shall acquire or hold more than seven thousand six hundred eighty acres in any one State without respect to the number of leases.

[See main edition for text of (b)]

(c) 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.

(As amended Nov. 16, 1981, Pub. L. 97-78, § 1(1), 95 Stat. 1070.)

AMENDMENTS

1981-Subsec. (a). Pub. L. 97-78 substituted "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)".

TRANSFER OF FUNCTIONS

The functions of the Secretary of the Interior to promulgate regulations under this chapter relating to 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, were transferred to the 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 the functions of the Secretary of Energy were returned to the Secretary of the Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981. CHAPTER 6-SYNTHETIC LIQUID FUEL DEMONSTRATION PLANTS

§ 323. Licenses and patent rights

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 35 section 210. CHAPTER 7-LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 192c, 541d, 1003, 1005 of this title; title 16 sections 90c-1, 283b, 460q-5, 460v-4, 460dd-2.

§ 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 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).

(As amended Nov. 16, 1981, Pub. L. 97-78, § 1(9)(a), 95 Stat. 1072.)

AMENDMENTS

1981-Pub. L. 97-78 added the definition of the term

"oil".

§ 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, 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

AMENDMENTS

1981-Pub. L. 97-78 added reference to gilsonite (including all vein-type solid hydrocarbons).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 354, 1272 of this title.

§ 355. Disposition of receipts

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.]. (As amended Dec. 17, 1981, Pub. L. 97-94, § 1, 95 Stat. 1205.)

REFERENCES IN TEXT

That Act, 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 subchapters I to VII (§ 181 et seq.) of chapter 3A 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

1981-Pub. L. 97-94 added 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."

§ 359. Rules and regulations

TRANSFER OF FUNCTIONS

The functions of the Secretary of the Interior 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 disposi tion of Federal royalty interests taken in kind, were transferred to the 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 the functions of the Secretary of Energy were returned to the Secretary of the Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

CHAPTER 11-MINING CLAIMS ON LANDS
SUBJECT TO MINERAL LEASING LAWS

§ 504. Power to make arrangements respecting atomic energy materials as unaffected

TRANSFER OF FUNCTIONS

The Atomic Energy Commission was abolished and all functions were transferred to the Administrator of the Energy Research and Development Administra. tion (unless otherwise specifically provided) by section 5814 of Title 42, The Public Health and Welfare. The Energy Research and Development Administration was terminated and functions vested by law in the Administrator thereof were transferred to the Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42.

§ 521. Mineral leasing claims

TRANSFER OF FUNCTIONS

The Atomic Energy Commission was abolished and all functions were transferred to the Administrator of the Energy Research and Development Administra. tion (unless otherwise specifically provided) by section 5814 of Title 42, The Public Health and Welfare. The Energy Research and Development Administration was terminated and functions vested by law in the Administrator thereof were transferred to the Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42.

§ 523. Uranium leases

TRANSFER OF FUNCTIONS

The Atomic Energy Commission was abolished and all functions were transferred to the Administrator of the Energy Research and Development Administra. tion (unless otherwise specifically provided) by section 5814 of Title 42, The Public Health and Welfare. The Energy Research and Development Administration was terminated and functions vested by law in the Administrator thereof were transferred to the Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42.

§ 530. Definitions

Enforcement functions of the Secretary or other official in Department of 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 were transferred to the Federal Inspector, Office of the 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), 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. § 602. Bidding; advertising and other notice; conditions for negotiation of contract

[See main edition for text of (a)]

(b) Repealed. Pub. L. 96-470, title I, § 102(a), Oct. 19, 1980, 94 Stat. 2237.

(As amended Oct. 19, 1980, Pub. L. 96-470, title I, § 102(a), 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

§ 661. Definitions

TRANSFER OF FUNCTIONS

Functions of the Secretary of the Interior, the Department of the Interior, and officers components of such Department relating to or utilized by the Office of Coal Research were transferred to the Administrator of the Energy Research and Development Administration by section 5814 of Title 42. The Energy Research and Development Administration was terminated and functions vested by law in the Administrator thereof were transferred to the Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42.

§ 666. Public-availability requirement; national defense; patent agreements

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 35 section 210. CHAPTER 19-LEAD AND ZINC STABILIZATION PROGRAM

§ 683. Additional limitations on payments

REFERENCES IN TEXT

The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (b), is act June 7, 1939, ch. 190, as revised generally by Pub. L. 96-41, § 2, July 30,

1979, 93 Stat. 319, which is classified generally to subchapter III (§ 98 et seq.) of chapter 5 of Title 50, War and National Defense. For complete classification of this Act to the Code, see section 98 of Title 50 and Tables.

CHAPTER 21-METAL AND NONMETALLIC MINE SAFETY

88 721 to 740. Repealed. Pub. L. 95-164, title III, § 306(a), Nov. 9, 1977, 91 Stat. 1322

This chapter, covering the operation of only metal and nonmetallic mines, is now 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 the terms "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 the mines to be covered and empowered the Secretary of Interior to decline jurisdiction if the 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 the 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 the 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 the Secretary of Interior. See section 815 of this title.

Section 729, Pub. L. 89-577, § 10, Sept. 16, 1966, 80 Stat. 778, created the 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 the review functions of the 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 the 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 the Secretary of Interior. See section 813 of this title.

Section 733, Pub. L. 89-577, § 14, Sept. 16, 1966, 80 Stat. 782, related to the 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 the administration of the chapter by the Bureau of Mines of the 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 the non-applicability of the Administrative Procedure Act to proceedings under the chapter. See section 815 of this title.

Section 738, Pub. L. 89-577, § 19, Sept. 16, 1966, 80 Stat. 784, related to the effect of the 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 the annual report of the 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 the appropriations necessary to carry out the chapter. See section 824 of this title.

932.

934.

934a. 942.

943.

1973

Failure to meet workmen's compensation requirements.

(a)-(c) [See main edition for text].

(d) Monthly payments; amounts; accrual of interest.

(e)-(i) [See main edition for text]. Definition of “fund"; liability of operators to United States for repayments to fund; procedures applicable; rate of interest. Repealed.

Miner benefit entitlement reports; penalty for failure or refusal to file [New]. Black lung insurance program [New].

(a) Authorization to establish and carry out.

(b) Non-availability of other insurance coverage.