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<br />7431:1051
<br />C
<br />DEPARTMENT OF THE INTERIOR REGULATIONS ON COAL EXPLORATION
<br />AND MIIYING OPERATIONS
<br />(43 CFR 3480; 48 FR 41589, September 16, 1983)
<br />~~ • i
<br />•
<br />PART 348 -
<br />AN MINING OPERATIONS RULFS
<br />[Editor's wre: This Part contains those
<br />provisions of former 30 CFR 211 to be
<br />administered by the Bureau of Land Man-
<br />agement under a reorganization rule pro-
<br />mulgated by interior August 5, 1983 (48
<br />FR 35639).)
<br />Authority: The Mineral Leasing Act of
<br />February 25, 1920, az amended (30
<br />U.S.C. 181, et seq.); the Mineral Leasing
<br />.Act for Acquired Landi of 1947, az
<br />amended (30 U.S.C.351-359); the Surface
<br />Mining Control and Reclamation Act of
<br />1977 (30 U.S.C. 1201, et xq.); the Na-
<br />tional Historic Preservation Act of 1966,
<br />as amended (16 U.S.C. a70, et seq.): [he
<br />Endangered Species Act of 1973, az
<br />amended (16 U.S.C. 1531, et seq.); rho
<br />.Act of March 3, 1909, az amended (25
<br />L.S.C. 796); the Act of May I I, 1938, az
<br />amended (25 U.S.C. 396a-3968): the Act
<br />of February 28, 1891, as amended (25
<br />U.S.C. 397); the Act of May 29. 1924 (25
<br />U.S.C. 398): the Act of March 3. 1927
<br />t25 U.S.C. J98a-398e): the Act of June
<br />70. 1919, as amended (25 U.S.C. 799):
<br />R.S. §aal (43 U.S.C. 1457); the Federal
<br />Property and .Administrative Services Ac[
<br />of 19a9, as amended, (40 U.S.C. a71, et
<br />seq.1; the National Environmental Policy
<br />.Act of 1969. as amended (42 U.S.C. a321,
<br />et seq.): and the Freedom of Information
<br />.Aa (30 U.S.C. i52).
<br />(Corrected by 47 FR 53365, November
<br />'_6. 1982]
<br />§3480.0-1. Purpose.
<br />Purpose. The purposes of the rules
<br />of this Part are to ensure orderly and
<br />efficient development. mining,
<br />preparation. and handling operations for
<br />Federal coat: enswe production
<br />practices that prevent wasting or lass of
<br />coal or other resources: avoid
<br />unnecessary damage to coal•bearing or
<br />mineral-bearing formatlans: enswe MER
<br />of Federal coal: enswe that operations
<br />meet requirements for diligent
<br />development and continued operation:
<br />enswe resource recovery and protection
<br />plane are submitted and approved in
<br />compliance with MLA: enswe effective
<br />and reasonable regulation of surface
<br />and underground coal mining
<br />operations: require ttn arcwate record
<br />and accounting of all coal produced:
<br />enatue efficient, environmentally sound
<br />exploration and mining operations: and
<br />eliminate dupBcation of e[fona by the
<br />Minerals Management Service (MMS),
<br />OSbI, and the S[etea in the Federal coal
<br />program.
<br />§3480.0-4 Seope.
<br />Scope. The rules of this Pan shall
<br />govern operetlom for the exploretioa,
<br />development and productlon of Federal
<br />cost under Federal coal leases, licenses.
<br />and permits, regardless of surface
<br />ownership, pursttent to the Mlnera!
<br />Leasing Act of February 25, 1920. as
<br />amended (MLA), and in con]unction
<br />with the rules at 43 CFR Croup 3900 and
<br />3o CFR Chapter VIL Included are
<br />provisions relating to resource recovery
<br />and protection, royalties, diligent
<br />development, continued operation.
<br />maximum economic recovery (MER),
<br />and logical miafng uttita (EMU's]. Except
<br />as otherwise provided in 25 CFR
<br />Chapterlor[ndienlandeleasee,these
<br />rules do not apply to operations on
<br />Indian lands. The proviaiam in these
<br />rules relating to advance royalty,
<br />diligent develapmeat, continued
<br />operation. MER and LMU'a shall not
<br />apply to Indian lauds, leases and
<br />permits. The rules governing exploration
<br />licenses for unleased Federal coal are
<br />codified at 43 CFR Part 3410. Until final
<br />rulemaldrg is promulgated and
<br />implemented by the Office of Surface
<br />blining Reclamation and Enforcement
<br />(OSM) regarding the initial Federal
<br />lands Programs. the initial Federal'lands
<br />Program rules codified at 30 CFR Part
<br />211 (1981) shall remain in effect.
<br />§3480.0.5 Mflnltlona
<br />(aJ As used N the tutee aE this Part.
<br />the following terms shall have the .
<br />following veaninga:
<br />(I) .tdvance royalty means a payment
<br />under a Federal lease in advance of actual
<br />production when authorized by the Dis-
<br />trict Mining Supervisor to be made in lieu
<br />of continued operation. Paymenu made
<br />under the minimum production clause, in
<br />lieu of actual production from a Federal
<br />lease issued prior to Augtut a, 1976. and
<br />not readjusted after August a, 1976, are
<br />not advance royalty under the provisions
<br />at 30 CFR 211.23.
<br />[211.2(a)(1) [3480.0.5(a)(l)] corrected
<br />by a7 FR 53365. November 26, 1982]
<br />(?) .gss:stant Director for Solid
<br />L.xosuble ~t9ircrals means Assistant
<br />Director for Solid Leasable Minerals.
<br />Rnreau of Land Management:
<br />(3] Assistant Secretary fnr Land and
<br />FVater Resources means the Assistant
<br />Secretary for Land snd Water
<br />Resowces. Departmettt cf the Interior.
<br />(4] Cl+ief, D: visicn of Solid Mineral
<br />Operations means the Chief. Division of
<br />Solid Minerals Operations. Bweau of
<br />Land Management:
<br />(5) Coal reserve base shall be
<br />determined using existing published or
<br />unpublished information, or any
<br />combination thereof, and means the
<br />estimated tons of Federal coal in place
<br />contained in beds of:
<br />12-t6-a7 Publlane0 M THE BUREAU OF NATIONAL AFFAIRS INC.. Wgbington, D.C. 300x7
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