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INTERIOR AND INSULAR AFFAIRS
HOUSE OF REPRESENTATIVES

NINETY-FOURTH CONGRESS

FIRST SESSION

ON

H.R. 3265

A BILL TO AMEND THE MINERAL LEASING ACT OF 1920,
AND FOR OTHER PURPOSES

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COMMITTEE ON INTERIOR AND INSULAR AFFAIRS

HOUSE OF REPRESENTATIVES

JAMES A. HALEY, Florida, Chairman

ROY A. TAYLOR, North Carolina
HAROLD T. JOHNSON, California
MORRIS K. UDALL, Arizona
PHILLIP BURTON, California

ROBERT W. KASTENMEIER, Wisconsin
PATSY T. MINK, Hawaii
LLOYD MEEDS, Washington
ABRAHAM KAZEN, JR., Texas
ROBERT G. STEPHENS, JR., Georgia
JOSEPH P. VIGORITO, Pennsylvania
JOHN MELCHER, Montana
TENO RONCALIO, Wyoming
JONATHAN B. BINGHAM, New York
JOHN F. SEIBERLING, Ohio
HAROLD RUNNELS, New Mexico
ANTONIO BORJA WON PAT, Guam
RON de LUGO, Virgin Islands
BOB ECKHARDT, Texas

GOODLOE E. BYRON, Maryland

JAIME BENITEZ, Puerto Rico

JIM SANTINI, Nevada

PAUL E. TSONGAS, Massachusetts

ALLAN T. HOWE, Utah

JAMES WEAVER, Oregon

BOB CARR, Michigan

GEORGE MILLER, California

THEODORE M. (TED) RISENHOOVER,

Oklahoma

WRIGHT PATMAN, Texas

JOE SKUBITZ, Kansas, Ranking Minority

Member

SAM STEIGER, Arizona
DON H. CLAUSEN, California
PHILIP E. RUPPE, Michigan

MANUEL LUJAN, JR., New Mexico
KEITH G. SEBELIUS, Kansas
ALAN STEELMAN, Texas

WILLIAM M. KETCHUM, California
DON YOUNG, Alaska

ROBERT E. BAUMAN, Maryland
STEVEN D. SYMMS, Idaho

JAMES P. (JIM) JOHNSON, Colorado
ROBERT J. LAGOMARSINO, California
VIRGINIA SMITH, Nebraska

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NORMAN WILLIAMS, Staff Consultant
THOMAS LAUGHLIN, Staff Assistant

NOTE. The chairman of the full committee is an ex officio voting member of this sub-
committee. The first listed minority member is counterpart to the subcommittee chairman.
(II)

CONTENTS

Page

Cannon, James, author of the study entitled, "Leased and Lost," pub-
lished by the Council on Economic Priorities in May 1974__

Evans, Hon. Frank E., a Representative in Congress from the State of

Colorado

166

145

Graham, David B., cooperative counsel, National Rural Electric Co-
operative Association___

Holum, Kenneth, general manager, Western Fuels Association, Inc__ 141, 147
Horton, Hon. Jack, Assistant Secretary for Land and Water Re-
sources, Department of the Interior__

10

Kaiser Steel Corp-----

168

National Rural Electric Cooperative Association, submitted by David
B. Graham, corporate counsel..

128

150

Letters:

Horton, Hon. Jack, Assistant Secretary of the Interior, to Hon. James
A. Haley, dated March 13, 1975 (report).

4

Muys, Jerome C., of Debevoise & Liberman, Washington, D.C., to Hon.
Patsy T. Mink, dated March 11, 1975 (plus statement of Santa Fe
Pacific Railroad Co.)---

153

Additional information:
Analysis of comments on proposed regulations on definitions of diligent
development and continuous operations published in the Federal
Register Dec. 11, 1974_.

Letter and comments from the Atlantic-Richfield Co., Denver,
Colo., to Director, Bureau of Land Management, dated Dec. 26,
1974

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Copy of coal lease U-13097 as part of answer to question 4-g on
page 40

33

41

List of holders of existing Federal leases_-

53

Questions prepared by staff and sent to Mr. Horton, with answers sub-
mittted by him__.

37

FEDERAL COAL LEASING

FRIDAY, MARCH 14, 1975

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON MINES AND MINING

OF THE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS,

Washington, D.C.

The subcommittee met, pursuant to notice, at 9:55 a.m., in room 2325, Rayburn House Office Building, Hon. Patsy T. Mink (chairwoman of the subcommittee), presiding.

Mrs. MINK. The Subcommittee on Mines and Mining will now

convene.

We are here for the purpose of taking testimony on H.R. 3265, the Federal Coal Leasing Amendments Act of 1975. As you will recall, the subcommittee met on this legislation last year and had taken the bill up through the final stages of markup. So H.R. 3265 is the final product as it stood in December of 1974. It is not the intention of the Chair to prolong the hearings on this bill but we did want to give principal parties concerned an opportunity to be heard on the bill as it stood at the end of last year. And so we are delighted this morning to welcome Mr. Jack Horton, Assistant Secretary for Land and Water Resources of the Department of the Interior, and we are pleased to have your comments on the pending bill, Mr. Horton.

However, before you begin your statement, Mr. Horton, I would like to place in the record the bill H.R. 3265 and the report of the Department of the Interior dated March 13, 1975. Hearing no objection, so ordered.

[H.R. 3265 and the report of the Department of the Interior follows:]

[H.R. 3265, 94th Cong., 1st sess.]

A BILL To amend the Mineral Leasing Act of 1920, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Coal Leasing Amendments Act of 1975".

SEC. 2. The first sentence of subsection 2(a) of the Act of February 25, 1920 (41 Stat. 438) as amended (30 U.S.C. 201(a)) is hereby amended to read as follows:

"SEC. 2. (a) (1) The Secretary of the Interior is authorized to divide any of the coal lands subject to this Act or the deposits of coal, classified and unclassified, owned by the United States, into leasing tracts of forty acres each, or multiples thereof, and in such form as, in his opinion, will permit the most economical mining of the coal in such tracts, and thereafter he shall, in his discretion, upon the request of any qualified applicant or on his own motion, from time to time, offer such lands or deposits of coal for leasing, and shall award leases thereon by competitive bidding (with sealed bids) on a bonus bidding system. Such leases shall be for ten years. No less than 50 per centum of the total acreage offered for lease by the Secretary in any one year shall be leased under a system (1)

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