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LegalText 30 U.S.C. § 209 Suspension, waiver, or reduction of rents or royalties to promote development or operation; extension of lease on suspension of operations and production us united_states_code code_section 30 MINERAL LANDS AND MINING 3A LEASES AND PROSPECTING PERMITS 209 30 U.S.C. § 209 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc30@119-100.zip /us/usc/t30/s209 data/legal/raw/us/code/title-30/usc30.xml d5ec3614ed09e1939d9a29e2fb3e46cc576c370be57a4cf898124239185b19af 355f8eb5c6ad5372de4a8e665d9ed90202d53d2aac19ac001d43948af4a4dd2f bd65901f449961e8fe7ffb79d68da543756ad5f8e3cd44a1bba5fd4598dbf117 2026-07-04 official
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30 U.S.C. § 209 - Suspension, waiver, or reduction of rents or royalties to promote development or operation; extension of lease on suspension of operations and production

Text

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.

(Feb. 25, 1920, ch. 85, § 39, as added Feb. 9, 1933, ch. 45, 47 Stat. 798; amended Aug. 8, 1946, ch. 916, § 10, 60 Stat. 957; June 3, 1948, ch. 379, § 7, 62 Stat. 291; Pub. L. 94377, § 14, Aug. 4, 1976, 90 Stat. 1091; Pub. L. 9778, § 1(3), (7), Nov. 16, 1981, 95 Stat. 1070, 1071.)

Notes

Editorial Notes

Amendments1981—Pub. L. 9778 inserted reference to gilsonite (including all vein-type solid hydrocarbons) and inserted proviso that, in order to promote development and the maximum production of tar sand, at the request of the lessee, the Secretary review, prior to commencement of commercial operations, the royalty rates established in each combined hydrocarbon lease issued in special tar sand areas, and that, for purposes of this section, “tar sand” means any consolidated or unconsolidated rock (other than coal, oil shale, or gilsonite) that either contains a hydrocarbonaceous material with a gas-free viscosity, at original reservoir temperature, greater than 10,000 centipoise, or contains a hydrocarbonaceous material and is produced by mining or quarrying. 1976—Pub. L. 94377 inserted sentence at end that nothing in this section shall be construed as granting to the Secretary authority to waive, suspend, or reduce advance royalties. 1948—Act June 3, 1948, extended applicability of section to oil shale, phosphate, sodium, potassium, and sulphur. 1946—Act Aug. 8, 1946, principally inserted first and third sentences relating to waiver, suspension or reduction of royalties or rentals, and applicability of section to cooperative or unit plans, respectively.

Statutory Notes and Related Subsidiaries

Savings ProvisionSee note set out under section 181 of this title.