[Congressional Record Volume 144, Number 146 (Wednesday, October 14, 1998)]
[House]
[Pages H10844-H10845]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SUBJECTING CERTAIN RESERVED MINERAL INTERESTS OF THE OPERATION OF THE 
                          MINERAL LEASING ACT

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3878) to subject certain reserved mineral interests of the 
operation of the Mineral Leasing Act, and for other purposes.
  The Clerk read as follows:

                               H.R. 3878

       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 
     (P.L. 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentleman from California (Mr. Miller) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 3878, a bill to open to the 
operation of the Mineral Leasing Act two tracts with reserved Federal 
mineral estate near Big Piney, Wyoming. The lands affected by this bill 
were sold at auction several decades ago under a statute which requires 
the minerals be reserved to the United States in the land patent 
because the surface was to be used for commercial purposes.
  But, the planned use never occurred. The tracts remain grazing lands, 
like thousands of acres nearby that are currently subjected to interest 
for oil and gas exploration and development. Sublette County, Wyoming, 
where the affected parcels are located, hosts the Jonah field, which 
has been described as the largest recent onshore discovery of natural 
gas on public lands. One unleased parcel will be subject to competitive 
bid offering under the normal BLM leasing process. BLM has already 
leased the other parcel.
  Mr. Speaker, I urge my colleagues to support H.R. 3878 to help make 
available a prospective supply of this fuel. The gentlewoman from 
Wyoming (Mrs. Cubin) should be commended for her work on this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MILLER of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, H.R. 3878, as explained by the chairman of the 
subcommittee, would open two tracts of land in Sublette County, 
Wyoming, to oil and gas leasing under the Mineral Leasing Act of 1920, 
as amended.
  It would provide that any party acquiring a lease under this 
authority could also exercise the right reserved to the United States 
to enter lands and occupy the surface for oil and gas operations. The 
bill would also protect the

[[Page H10845]]

surface landowner against damage to crops or tangible improvements and 
the loss of surface uses as a result of oil and gas activities. This 
bill would also would validate an existing lease on one of the two 
tracts of land that the BLM inadvertently leased in 1997.
  Mr. Speaker, the administration supports the enactment of this 
legislation, and we have no objection to the substance of the bill.
  Mr. Speaker, H.R. 3878 would open two tracts of land in Sublette, 
County, Wyoming, to oil and gas leasing under the Mineral Leasing Act 
of 1920, as amended. It would provide that any party acquiring a lease 
under this authority could also exercise the right reserved to the U.S. 
to enter the lands and occupy the surface for oil and gas operations. 
The bill would also protect the surface landowner against damage to 
crops or tangible improvements and the loss of surface uses as a result 
of oil and gas activities. The bill would also validate an existing 
lease to one of the two tracts of land that the BLM inadvertently 
leased in 1997.
  Title to the surface of the subject lands was transferred through the 
Public Land Sales Act of 1964, P.L. 88-608, which authorized disposal 
of public lands for certain specified users (chiefly grazing and 
foraging.) Upon transfer of the lands, the mineral rights were reserved 
to the U.S. and withdrawn from leasing.
  The surface of the land was sold and has been used primarily for 
grazing. In 1997, the BLM offered one of the two tracts for competitive 
lease. Enron Corporation succeeded in leasing the tract for $165 per 
acre. Subsequently, BLM discovered its error and concluded that they 
would be required to cancel the leases. H.R. 3878 would allow the lease 
to stay in effect and would authorize them to offer the other tract for 
lease.
  The administration supports enactment of H.R. 3878. We have no 
objection to the substance of the bill.
  Mr. MILLER of California. Mr. Speaker, I yield back the balance of my 
time.
  Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Hansen) that the House suspend the rules and 
pass the bill, H.R. 3878.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  The title of the bill was amended so as to read as follows:
  ``A bill to subject certain reserved mineral interests to the 
operation of the Mineral Leasing Act, and for other purposes.''
  A motion to reconsider was laid on the table.

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