[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3878 Reported in House (RH)]






                                                 Union Calendar No. 440
105th CONGRESS
  2d Session
                                H. R. 3878

                          [Report No. 105-771]

 To subject certain reserved mineral interests of the operation of the 
              Mineral Leasing Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 1998

  Mrs. Cubin introduced the following bill; which was referred to the 
                         Committee on Resources

                            October 5, 1998

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 To subject certain reserved mineral interests of the operation of the 
              Mineral Leasing Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LEASING OF CERTAIN RESERVED MINERAL INTERESTS.

    (a) Application of Mineral Leasing Act.--Notwithstanding the 
provisions of section 4 of the 1964 Public Land Sale Act (Public Law 
88-608, 78 Stat. 988), the Federal reserved mineral interests in lands 
conveyed under that Act by United States land patents No. 49-71-0059 
and No. 49-71-0065 shall be subject to the operation of the Mineral 
Leasing Act (30 U.S.C. 181 et seq.).
    (b) Entry.--Any person who acquires any lease under the Mineral 
Leasing Act for the interests referred to in subsection (a) may 
exercise the right to enter reserved to the United States and persons 
authorized by the United States in the patents conveying the lands 
described in subsection (a) by occupying so much of the surface thereof 
as may be required for all purposes reasonably incident to the 
exploration for, and extraction and removal of, the leased minerals by 
either of the following means:
            (1) By securing the written consent or waiver of the 
        patentee.
            (2) In the absence of such consent or waiver, by posting a 
        bond or other financial guarantee with the Secretary of the 
        Interior in an amount sufficient to insure--
                    (A) the completion of reclamation pursuant to the 
                Secretary's requirements under the Mineral Leasing Act, 
                and
                    (B) the payment to the surface owner for--
                            (i) any damages to crops and tangible 
                        improvements of the surface owner that result 
                        from activities under the mineral lease, and
                            (ii) any permanent loss of income to the 
                        surface owner due to loss or impairment of 
                        grazing use, or of other uses of the land by 
                        the surface owner at the time of commencement 
                        of activities under the mineral lease.
    (c) Lands Covered by Patent No. 49-71-0065.--In the case of the 
lands in United States patent No. 49-71-0065, the preceding provisions 
of this section take effect January 1, 1997.
                                     





                                                 Union Calendar No. 440

105th CONGRESS

  2d Session

                               H. R. 3878

                          [Report No. 105-771]

_______________________________________________________________________

                                 A BILL

 To subject certain reserved mineral interests of the operation of the 
              Mineral Leasing Act, and for other purposes.

_______________________________________________________________________

                            October 5, 1998

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed