PUBLIC LAW 105-367—NOV. 10, 1998
112 STAT. 3313
Public Law 105-367
105th Congress
An Act
To protect the sanctity of contracts and leases entered into by surface patent
Nov. 10, 1998
holders with respect to coalbed methane gas.
[S. 25001
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PROTECTION OF SANCTITY OF CONTRACTS AND LEASES 30 USC 81 note.
OF SURFACE PATENT HOLDERS WITH RESPECT TO COAL-
BED 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 entitled "An Act for the
protection of surface rights of entrjonen", approved March 3,
1909 (30 U.S.C. 81), or the Act entitled "An Act to provide
for agricultural entries on coal lands", approved June 22, 1910
(30 U.S.C. 83 et seq.), that was—
(A) entered into by a person who has title to said
land derived under said Acts, and
(B) that conveys rights to explore for, extract, and
sell coalbed methane from said land; or
(2) coalbed methane production from the lands described
in subsection (a)(1) by a person who has title to said land
and who, on or before the date of enactment 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
located 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 conditions
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 reserved 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 position 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,
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