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3 <br />i <br />Section 39 of MLA provides in part: <br />In the event the Secretary of the Interior, in the interest <br />of conservation, shall direct or shall assent to the <br />suspension of operations and productioa under any lease <br />granted under the [MLA] any payment of rental <br />or of minimum royalty likewise shall be suspended <br />during such period of suapenaion of operations and <br />productioa; and the term of such lease shall be eztended by <br />adding any such suspension period thereto. (30 II.S.C. 209) <br />The Secretary's general rulemaking authority provided in the special <br />leasing acts allows for a suapenaion of operations and production to <br />be eztended by regula[Son to the hardrock and "special-act solid <br />minerals" administered by BLK under 43 CFR Group 3500. Hereafter in <br />these guidelines, the term "solid minerals" includes such "hardrock <br />and special-act solid minerals," unless apeciElcally stated otherwise. <br />The chart below summarizes the statutory and regulatory authority <br />which applies to coal and solid minerals. <br />30 U.S.C. 209 <br />JVYlI.m, CVV6YYlYW, 1 ClL.CL, 1JCV. J/ <br />Phosphate, Sulphur, I (30 II.S.C. 209) <br /> <br />p6LULUCF PI1 LLC161J I Y.J V.J.V• YLVl, I YJ VLP JJVJ.J-1 <br />i30 U.S.C. 192c. etc.l <br />Y.J.\r• 1LV1, <br />U.S.C. 291. etc. <br />i <br />2. suapenaion Qualification Criteria. <br />The phrase "in the interest of conservation" in section 39 has been <br />interpreted in case law to include not only mazimizing recovery and avoiding <br />or ainimiziag waste or loos of the leased mineral resource but also avoiding <br />or atiaimizing damage to other natural resources, each as other minerals, <br />wildlife, water quality, air quality and the like. (See Copper Valley Mach. <br />fiorts, Inc. v. Andrus, 653 F.2d 595 (1961)). The situation requiring a <br />suspension of operations and production is thus not restricted solely to <br />eztraction of coal or solid minerals. <br />Further, a condition resulting from mining coal or solid minerals which occurs <br />outside a lease's boundary may still qualify the lease foz a suspension of <br />operations sad production. <br />Attachment 1-6 <br /> <br />