I
105TH CONGRESS
2D SESSION
H. R. 4598
To protect the sanctity of contracts and leases entered into by surface patent
holders with respect to coalbed methane gas.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 18, 1998
Mrs. CUBIN introduced the following bill; which was referred to the Committee
on Resources
A BILL
To protect the sanctity of contracts and leases entered into
by surface patent holders with respect to coalbed meth-
ane gas.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PROTECTION OF SANCTITY OF CONTRACTS
AND LEASES OF SURFACE PATENT HOLDERS
WITH RESPECT TO COALBED METHANE GAS.
(a) IN GENERAL.—Subject to subsection (b), the
United States shall recognize as not infringing upon any
ownership rights of the United States to coalbed methane
any—
(1) contract or lease covering any land that was
conveyed by the United States under the Act enti-
tled ‘‘An Act for the protection of surface rights of
entrymen’’, approved March 3, 1909 (30 U.S.C. 81),
or the Act entitled ‘‘An Act to provide for agricul-
tural entries on coal lands’’, approved June 22,
1910 (30 U.S.C. 83 et seq.), that—
(A) was entered into by a person who has
title to the land derived under those Acts, and
(B) conveys rights to explore for, extract,
and sell coalbed methane from the land; or
(2) coalbed methane production from the land
described in paragraph (1) by a person who has title
to the land and who, on or before the date of enact-
ment of this Act, has filed an application with the
State oil and gas regulating agency for a permit to
drill an oil and gas well to a completion target lo-
cated in a coal formation.
(b) APPLICATION.—Subsection (a)—
(1) shall apply only to a valid contract or lease
described in subsection (a) that is in effect on the
date of enactment of this Act;
(2) shall not otherwise change the terms or con-
ditions of, or affect the rights or obligations of any
person under, such a contract or lease;
(3) shall apply only to land with respect to
which the United States is the owner of coal re-
served to the United States in a patent issued under
the Act of March 3, 1909 (30 U.S.C. 81), or the Act
of June 22, 1910 (30 U.S.C. 83 et seq.), the posi-
tion of the United States as the owner of the coal
not having passed to a third party by deed, patent,
or other conveyance by the United States;
(4) shall not apply to any interest in coal or
land conveyed, restored, or transferred by the
United States to a federally recognized Indian tribe,
including any conveyance, restoration, or transfer
made pursuant to the Indian Reorganization Act,
June 18, 1934 (c. 576, 48 Stat. 984, as amended);
the Act of June 28, 1938 (c. 776, 52 Stat. 1209 as
implemented by the order of September 14, 1938, 3
Fed. Reg. 1425); and including the area described in
§3 of Public Law 98–290; or any executive order;
(5) shall not be construed to constitute a waiver
of any rights of the United States with respect to
coalbed methane production that is not subject to
subsection (a); and
(6) shall not limit the right of any person who
entered into a contract or lease before the date of
enactment of this Act, or enters into a contract or
lease on or after the date of enactment of this Act,
for coal owned by the United States, to mine and re-
move the coal and to release coalbed methane with-
out liability to any person referred to in subsection
(a)(1)(A) or (a)(2).
Æ