A bill to further amend the Mineral Leasing Act of 1920 (30 U.S.C. 201 (a) ), to authorize the Secretary of the Interior to exchange Federal Coal leases and to encourage recovery of certain coal deposits, and for other purposes.
PL 95-554 (S.3189), enacted 10/30/1978

PUBLIC LAW 95-554—OCT. 30, 1978 
92 STAT. 2073 
Public Law 95-554 
95th Congress 
An Act 
To further amend the Mineral Leasing Act of 1920 (30 U.S.C. 201(a)), to author-
ize the Secretary of the Interior to exchange Federal coal leases and to 
encourage recovery of certain coal deposits, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhled^ That (a) notwith-
standing any provision of law to the contrary and notwithstanding 
the provisions of section 2(a)(1) of the Mineral Leasing Act of 1920, 
as amended (30 U.S.C. 201(a) (1)), the Secretary of the Interior is 
authorized to issue leases for coal on other Federal lands in the State 
of Utah to the lease applicant named in preference right lease appli-
cations serial numbers U1362, U1363, U1375, U5233, U5234, U5235, 
U5236, and U5237 upon surrender and relinquishment by the appli-
cant of such preference right lease applications and all right to lease 
the lands covered by such applications, such surrender and relinquish-
ment to be made in exchange for the lease or leases to be issued by 
the Secretary. 
(b) Notwithstanding any provision of law to the contrary and 
notwithstanding the provisions of section 2(a)(1) of the Mineral 
Leasing Act of 1920, as amended (30 U.S.C. 201(a) (1)), the Secre-
tary of the Interior is authorized to issue leases for coal on other 
Federal lands in the State of Wyoming to the owner or owners of 
Federal coal leases serial numbers W0313666, W0111833, W073289, 
W0S12311, and W0313668, B025369, W0256663, W5035, W0322794 
covering lands in the State of Wyoming upon the surrender and 
relinquishment of such leases or portions thereof. 
(c) The leases to be issued by the Secretary pursuant to the author-
ity granted by subsections (a) and (b) of this Act and the leases or 
portions thereof or rights to leases to be exchanged therefor shall be 
of equal value. If such leases or portions thereof or rights to leases 
are not of equal value, the Secretary is authorized to receive, or pay 
out of funds available for that purpose, cash in an amount up to 
25 per centum of the value of the coal lease or leases to be issued by 
the Secretary in order to equalize the value of the lease or lease rights 
to be exchanged. 
(d) Any exchange lease issued by the Secretary under the authority 
of this Act shall contain the same terms and conditions as those leases 
surrendered, or in case of a surrendered lease right, the same terms 
and conditions as those to which the lease applicant would be entitled. 
(e) This subsection does not require or obligate the Secretary to 
take any action or to make any commitment to a lessee or lease appli-
cant with respect to issuance, administration, or development of any 
lease. 
SEC. 2. Section 2(a)(1) of the Mineral Leasing Act of 1920, as 
amended (30 U.S.C. 201(a) (1)), is further amended by striking the 
period at the end of the first sentence and inserting in lieu thereof the 
following:": Provided^ That notwithstanding the competitive bidding 
requirement of this section, the Secretary may, subject to such condi-
tions which he deems appropriate, negotiate the sale at fair market 
value of coal the removal of which is necessary and incidental to the 
Oct. 30, 1978 
[S. 3189] 
Mineral Leasing 
Act of 1920, 
amendment. 
Coal lease 
authorizations. 
92 STAT. 2074 
PUBLIC LAW 95-554—OCT. 30, 1978 
30 u s e 202a. 
Evaluation and 
review. 
Acquisition 
authorization. 
Exchanges. 
exercise of a right-of-way permit issued pursuant to title V of the 
Federal Land Policy and Management Act of 1976.". 
SEC. 3. Section 3 of the Mineral Leasing Act of 1920, as amended (30 
U.S.C. 203), is further amended by adding after the word "contigu-
ous", the words "or cornering", and by deleting the period at the end 
of the second sentence thereof and adding the following clause: "except 
that nothing in this section shall require the Secretary to apply 
the production or mining plan requirements of section 2(d) (2) and 
7(c) of this Act (30 U.S.C. 201(d) (2) and 207(c)). The minimum 
royalty provisions of section 7(a) of this Act (30 U.S.C. 207(a)) shall 
not apply to any lands covered by this modified lease prior to a modifi-
cation until the term of the original lease or extension thereof which 
became effective prior to the effective date of this Act has expired.". 
SEC. 4. Section 37 of the Mineral Leasing Act of 1920 (30 U.S.C. 
193) is further amended by the addition of the words "except as pro-
vided in sections 206 and 209 of the Federal Land Policy and Manage-
ment Act of 1976 (90 Stat. 2756,2757-8), and" after "only in the form 
and manner provided in this Act," and before the word "except". 
SEC. 5. Section 30 of the Mineral Leasing Act of 1920, as amended 
(30 U.S.C. 187) is further amended by striking the word "boy" and 
inserting in lieu thereof "child" and by striking the phrase "or the 
employment of any girl or woman, without regard to age,". 
SEC. 6. (a) The Secretary of the Interior is authorized and directed 
within nine months of the date of enactment of this Act to evaluate and 
review the scenic, recreational, fish and wildlife, cultural, historic, and 
other public values of the reservoir in Johnson County, Wyoming, 
known as Lake DeSmet and the adjoining and adjacent coal prop-
erties. The Secretary's review and evaluation shall be for the purpose 
of determining whether the Lake DeSmet property shall be acquired 
for public use and enjoyment by exchange for Federal coal lands. 
(b) If the Secretary determines that the Lake DeSmet property shall 
be acquired, he is authorized, with the agreement of the owners of the 
property, to acquire the Lake DeSmet property by exchanging Federal 
coal lands, interests in Federal coal lands, or Federal coal leases. 
(c) The exchange authorized by this section shall be for equal 
value. To the extent, if any, the value of the lands or interests 
exchanged are not equal the difference may be adjusted by the payment 
of money so long as the payment does not exceed 25 per centum of the 
total value of the lands or interests transferred out of Federal owner-
ship. In determining the value of the Lake DeSmet property, the Sec-
retary is authorized and directed to include the fair market value 
of the property, considering the acquisition cost of the lands, the value 
of the coal deposits, water rights and water resource developments, 
and capital and otlier appropriate improvements. The exchange of 
such properties shall be carried out expeditiously in accordance with 
the provisions of this section and other Federal land exchange author-
ity to the extent such authority is applicable and consistent with this 
section. 
S i t ? <.*•• 
PUBLIC LAW 95-554—OCT. 30, 1978 
92 STAT. 2075 
(d) The Secretary is authorized to transfer any property acquired 
pursuant to this section (1) to the appropriate agency in the Depart-
ment of the Interior for management and administration, or (2) to 
the State of Wyoming for recreational purposes and fish and wildlife • 
management. Any conveyance to the State of Wyoming shall contain 
a reservation of all minerals to the United States and shall provide 
that, if the State ceases to use the property conveyed for fish propaga-
tion and wildlife management, title to such property shall revert to 
the United States. 
SEC. 7. Effective October 1,1979, there are authorized to be appropri- Appropriation 
ated to the Secretary such sums as are necessary to carry out the pur- authorization, 
poses of this Act. 
SEC. 8. The title of the Federal Coal Leasing Amendments Act of Short title. 
1975 (Public Law 94-377) is hereby changed to the Federal Coal 30USC181note. 
Leasing Amendments Act of 1976. 
Approved October 30, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1635 accompanying H.R. 13553 (Comm. on Interior and 
Insular Affairs). 
SENATE REPORT No. 95-1169 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Sept. 20, considered and passed Senate. 
Oct. 3, H.R. 13553 considered and passed House; passage vacated, and S. 3189, 
amended, passed in lieu. 
Oct. 13, Senate concurred in House amendment.