43 C.F.R. Subpart 3435—Lease Exchange
Title 43 - Public Lands: Interior
The objective of these regulations is to provide methods for exchange of coal resources when it would be in the public interest to shift the impact of mineral operations from leased lands or portions of leased lands to currently unleased lands to preserve public resource or social values, and to carry out Congressional directives authorizing coal lease exchanges. [44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982] (a) These regulations are issued under the authority of the statutes cited in §3400.0–3 of this title. (b) These regulations primarily implement: (1) Section 3 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 203); (2) Section 510(b)(5) of the Surface Mining Control and Reclamation Act (30 U.S.C. 1260(b)(5)); (3) Section 1 of the Act of October 30, 1978 (92 Stat. 2073); (4) Section 1 of the Act of October 19, 1980 (94 Stat. 2269); and (5) Section 4 of the Rattlesnake National Recreation Area and Wilderness Act of 1980 (94 Stat. 2272). [44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982] Where the Secretary determines that coal exploration, development and mining operations would not be in the public interest on an existing lease or preference right lease application or portions thereof, or where the Congress has authorized lease exchange for a class or list of leases, an existing lease or preference right lease application may be relinquished in exchange for: (a) Leases where the Congress has specifically authorized the issuance of a new coal lease; (b) The issuance of coal lease bidding rights of equal value; (c) A lease for a mineral listed in subpart 3526 of this title by mutual agreement between the applicant and the Secretary; and (d) Federal coal lease modifications; or (e) Any combination of the above. [44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982] (a) Any person who holds a Federal coal lease, or a preference right lease application that has been found to meet the commercial quantities requirements of §§3430.1 and 3430.5 of this title on lands described in §3435.1 of this title is qualified to ask the Secretary to initiate an exchange. (b) Except for leases qualified under subpart 3436 of this title, the Secretary may issue a new coal lease in exchange for the relinquishment of outstanding leases or lease applications only in those cases where the Congress has specifically authorized such exchanges. (c) The Secretary shall evaluate each qualified exchange request and determine whether an exchange is in the public interest. (d) Any modification of a coal lease in an exchange under this subpart shall be subject to the limitations in §§3432.1(a), 3432.2(b) and 3432.3(a) of this title. [44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982]
Title 43: Public Lands: Interior
PART 3430—NONCOMPETITIVE LEASES
Subpart 3435—Lease Exchange
§ 3435.0-1 Purpose.
§ 3435.0-3 Authority.
§ 3435.1 Coal lease exchanges.
§ 3435.2 Qualified exchange proponents: Limitations.
§ 3435.3 Exchange procedures.
§ 3435.3-1 Exchange notice.
(a) The Secretary shall initiate exchange procedures by notifying in writing a Federal coal lessee or preference right lease applicant that consideration of an exchange of mineral leases or other coal lease interests is appropriate. The notification may be on the Secretary's initiative or in response to a request under §3435.2 of this title.
(b) The exchange notice shall also be provided to the Governor of the affected State(s) concurrent with notice to the lessee or preference right lease applicant stating why the Secretary believes an exchange may be in the public interest.
(c) The exchange notice shall contain a description of the leased lands or lands under preference right lease application being considered for exchange. These lands may include all or part of an existing lease or preference right lease application.
(d) The exchange notice may contain a description of the lands for which the Secretary would grant an exchange lease or lease interest. If a coal lease modification would be granted by exchange, the lands shall be selected from those lands found acceptable for further consideration for coal leasing under §3420.1 of this title; and
(e) The notice shall contain a request that the lessee or preference right lease applicant indicate whether he is willing to negotiate an exchange.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982; 48 FR 37656, Aug. 19, 1983]
§ 3435.3-2 Initial response by lessee or lease applicant.
(a) The lessee or preference right lease applicant wishing to negotiate an exchange shall so reply in writing. The reply may include a description of the lands on which the lessee or lease applicant would accept an exchange lease or coal lease modification.
(b) A reply to the exchange notice by a lessee or preference right lease applicant indicating willingness to enter into an exchange shall also indicate willingness to provide the geologic and economic data needed by the Secretary to determine the fair market value of the lease or lease application to be relinquished. The lessee or preference right lease applicant shall also indicate willingness to provide any geologic and economic data in his possession that will help the Secretary to determine the fair market value of the potential Federal lease exchange tract or tracts.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982]
§ 3435.3-3 Agreement to terms.
(a) If both parties wish to proceed with the exchange, the authorized officer and the lessee or preference right lease applicant shall negotiate an exchange consistent with §3435.1 of this title. The authorized officer shall consult with the regional coal team prior to initiation of such negotiations and shall consult again prior to finalization of the negotiated exchange.
(b) Land proposed for lease in exchange for, or for inclusion in, an existing lease or preference right lease application shall be subject to leasing under Group 3400 or 3500 of this title as appropriate, and any coal lands shall have been found to be acceptable for further consideration for leasing under §3420.1 of this title.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982; 48 FR 37656, Aug. 19, 1983]
§ 3435.3-4 Determination of value.
The value of the land to be leased, or added by lease modification, or of the bidding rights to be issued in exchange shall, to the satisfaction of the lessee or lease applicant and the Secretary, be equal to the estimated fair market value of the lease or lease application to be relinquished.
§ 3435.3-5 Notice of public hearing.
After the lessee or lease applicant and the Secretary agree on an exchange proposal, notice of the exchange proposal shall be published in the
[47 FR 33144, July 30, 1982]
§ 3435.3-6 Consultation with Governor.
(a) The Secretary shall notify the Governor of each state in which lands in the proposed exchange are located of the terms of the exchange and the Secretary's preliminary findings why the exchange is in the public interest. The Secretary shall give each Governor 45 days to comment on the proposal prior to consummating the exchange.
(b) If, within the 45 day period, the Governor(s), in writing, objects to an exchange that involves leases or lease rights in more than one state, the Secretary will not consummate the exchange for 6 months from the date of objection. The Governor(s) may during this 6-month period submit a written statement why the exchange should not be consummated, and the Secretary shall, on the basis of this statement, reconsider the lease proposal.
[44 FR 42628, July 19, 1979, as amended at 47 FR 33144, July 30, 1982]
§ 3435.3-7 Consultation with the Attorney General.
In any exchange which, if consummated, shall result in the issuance of a Federal coal lease, the Secretary, after issuing an exchange notice under §3435.3–1 of this title and before issuance of a written decision under §3435.4 of this title.
(a) Shall require the lessee or lease applicant to submit the information in §3422.3–4 of this title; and
(b) If the Attorney General, within 30 days, objects to lease issuance, shall not issue the exchange lease except after complying with the provisions of §3422.3–4(f)(2) of this title.
§ 3435.4 Issuance of lease, lease modification or bidding rights.
(a) If, after any public hearing(s), the Secretary by written decision concludes that an exchange is in the public interest, the Secretary shall transmit to the lessee or preference right lease applicant:
(1) A statement of the Secretary's findings that lease issuance is in the public interest;
(2) Either (i) copies of the coal or other mineral exchange lease or coal lease modification containing the terms, conditions and special stipulations under which the lease or coal lease modification is to be granted, or (ii) a statement describing the terms and conditions of the coal lease bidding rights to be granted in exchange; and
(3) A statement for execution by the lessee or preference right lease applicant relinquishing all right or interest in the lease or preference right lease application, or portion thereof, to be exchanged.
(b) The exchange lease, lease modification or coal lease bidding rights shall be issued upon relinquishment of the lease, preference right lease application, or portion thereof.
(c) The exchange lease or lease modification shall be subject to all relevant provisions of Group 3400 or 3500 of this title and 30 CFR Chapter VII, Subchapter D as appropriate.
[47 FR 33144, July 30, 1982, as amended at 50 FR 8627, Mar. 4, 1985]
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