Page:United States Statutes at Large Volume 106 Part 4.djvu/253

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 2989 claimed by each such participating working interest owner as set forth in the pooling order issued by the Secretary of the Interior. (B) The unit operator shall deposit in the escrow account all proceeds attributable to the coi^cting interests of lessees, plus all proceeds in excess of ongoing operational expenses (including reasonable overhead costs) attributable to conflicting working interests. (2) The Secretary of the Interior shall order payment of principal and accrued interest from the escrow account to all legally entitled entities within 30 days of receipt by the Secretary of the Interior of notification of the final legal determination of entitlement or upon agreement of all entities claiming an ownership interest in the coalbed methane gas. Upon such final determination— (A) each legally entitled participating working interest owner shall receive a proportionate share of the proceeds attributable to the conflicting ownership interest; (B) each legally entitled nonparticipating working interest owner shall receive a proportionate share of the proceeds attributable to the conflicting ownership interest, less the cost of being carried as a nonparticipating working interest owner (as determined by the election of the entity under the applicable pooling order); (C) each entity leasing (or deemed to have leased) its coalbed methane ownership interest to the unit operator shall receive a share of the royalty proceeds (as set out in the applicable pooling order) attributable to the conflicting interests of lessees; cmd (D) the unit operator shall receive the costs contributed to the escrow account by each legally entitled participating working interest owner. The Secretary of the Interior shall enact rules and regulations for the administration and protection of funds delivered to the escrow accounts. (i) APPROVAL OF THE SECRETARY OF THE INTERIOR. —N O entity may drill any well for the production of coalbed methane gas from a coal seam, subject to the provisions of subsection (g), in an Affected State unless the drilling of such well has been approved by the Secretary of the Interior. (j) AUTHORIZATION TO STIMULATE A COAL SEAM.— (1) No operator of a coalbed methane well may stimulate a coal seam without the written consent of each entity which, at the time that the coalbed methane operator applies for a drilUng permit, is operating a coal mine, or has by virtue of his property rights in the coal the ability to operate a coal mine, located within a horizontal or verticsJ distance from the point of stimulation as established by the Secretary of the Interior pursuant to paragraph (3) of this subsection. In seeking the coal operator's consent, a coalbed methane well operator shall provide the coal operator with necessary information about such stimulation, including relevant information to ensure compliance with coal mine safety laws and rules. (2) In the absence of a written consent pursuant to paragraph (1) and at the request of a coalbed methane operator, Uie Secretsuy of the Interior shall make a determination regarding stimulation of a coal seam. Such request shall include an affidavit which shall—

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