The Secretary of the Interior, for the purpose of encouraging the greatest ultimate recovery of coal, oil, gas, oil shale 11 So in original. Probably should be followed by a comma. gilsonite (including all vein-type solid hydrocarbons),,22 So in original. phosphate, sodium, potassium and sulfur, and in the interest of conservation of natural resources, is authorized to waive, suspend, or reduce the rental, or minimum royalty, or reduce the royalty on an entire leasehold, or on any tract or portion thereof segregated for royalty purposes, whenever in his judgment it is necessary to do so in order to promote development, or whenever in his judgment the leases cannot be successfully operated under the terms provided therein.33 So in original. The period probably should be a colon. Provided, however, That in order to promote development and the maximum production of tar sand, at the request of the lessee, the Secretary shall review, prior to commencement of commercial operations, the royalty rates established in each combined hydrocarbon lease issued in special tar sand areas. For purposes of this section, the term “tar sand” means any consolidated or unconsolidated rock (other than coal, oil shale, or gilsonite) that either: (1) contains a hydrocarbonaceous material with a gas-free viscosity, at original reservoir temperature, greater than 10,000 centipoise, or (2) contains a hydrocarbonaceous material and is produced by mining or quarrying. In the event the Secretary of the Interior, in the interest of conservation, shall direct or shall assent to the suspension of operations and production under any lease granted under the terms of this chapter, any payment of acreage rental or of minimum royalty prescribed by such lease likewise shall be suspended during such period of suspension of operations and production; and the term of such lease shall be extended by adding any such suspension period thereto. The provisions of this section shall apply to all oil and gas leases issued under this chapter, including those within an approved or prescribed plan for unit or cooperative development and operation. Nothing in this section shall be construed as granting to the Secretary the authority to waive, suspend, or reduce advance royalties.
Notes of Decisions
Hoyl v. Babbitt, 129 F.3d 1377 (10th Cir. 1997).
· cites it 2× “30 U.S.C. § 209 . As grounds for reversal, Plaintiff asserts that: 1) the district court’s-findings of fact are not supported by substantial evidence; 2) the district court erred by affirming the BLM’s denial of his request for a coal lease suspension because “the denial…”
Copper Valley Mach. Works, Inc. v. Andrus, 474 F. Supp. 189 (D.D.C. 1979).
· cites it 4× “Discussion The core of this matter is whether the winter-only operating restriction on Copper Valley’s drilling permit constituted a “suspension of operations and production” under the lease within the meaning of 30 U.S.C. § 209 as argued by plaintiff, thereby entitling it to a…”
Barlow & Haun, Inc. v. United States, 87 Fed. Cl. 428 (Fed. Cl. 2009).
“The defendant points to no provision of the contract itself that permits suspension of the leases, but instead invokes 30 U.S.C. §§ 209 , 226(i) and 43 C.F.R. § 3103.”
Boesche v. Udall, 373 U.S. 472 (1963).
“§ 187 ; he may direct complete suspension of operations on the land, 30 U. S. C. § 209 , or require the lessee to operate under a.”
Coastal States Energy Co. v. Hodel, 816 F.2d 502 (10th Cir. 1987).
· cites it 3× “7 See 30 U.S.C. § 209 (1982). The IBLA, upholding, on appeal, the ruling of the BLM that under the applicable regulations Coastal’s royalty rate must be initially readjusted to 8% of the-value of the removed coal, rather than a lesser figure, quoted the following language with…”
Getty Oil Co. v. Clark, 614 F. Supp. 904 (D. Wyo. 1985).
· cites it 4× “Getty's construction of the Secretary’s powers under 30 U.S.C. § 209 is unduly restrictive. It would effectively hinder the Secretary in performing the duties and obligations imposed upon him by Congress.”
FMC Wyoming Corp. v. Watt, 587 F. Supp. 1545 (D. Wyo. 1984).
· cites it 2× “Finally, the Court notes that defendants argue that plaintiff has not exhausted its administrative remedies in that it has not applied for a royalty reduction under 30 U.S.C. § 209 . That provision provides: The Secretary of the Interior, for the purpose of encouraging the…”
Rocky Mountain Oil & Gas Ass'n v. Andrus, 500 F. Supp. 1338 (D. Wyo. 1980).
“Pre-FLPMA leases may or may not be given a “suspension” under the Mineral Lands Leasing Act, 30 U.S.C. § 209 . The effect of the suspension, if a lessee can even get one, is simply to delay the problem.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
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