Page:United States Statutes at Large Volume 106 Part 4.djvu/254

 106 STAT. 2990 PUBLIC LAW 102-486—OCT. 24, 1992 (A) state that an entity from which consent is required pursuant to paragraph (1) has refused to provide written consent; (B) set forth in detail the efforts undertaken by the applicant to obtain such written consent; (C) state the knoMoi reasons for the consent not being provided; (D) set forth the conditions and compensation, if any, offered by the applicant as part of the efforts to obtain consent; and (E) provide prima facie evidence that the method of stimulation proposed by the coalbed methane operator will not (i) cause unreasonable loss or damage to the coal seam considering all factors, including the prospect, taking into consideration the economics of the coal industiy, that coal seams for which no actual or proposed mining plans exist ¥dll be mined at some future date, or (ii) violate mine safety requirements. If a denial of consent by a coal operator is based on reasons related to safety, the Secretary of the Interior shall seek the views and recommendations of the appropriate State or Federal coal mine safety agency. Any determination by the Secretary of the Interior shall be in accordance with all applicable Federal and State coal mine safety laws and such views and recommendations. A determination by the Secretary of the Interior approving a method of stimulation may include reasonable conditions including, but not limited to, conditions to mitigate, to the extent practicable, economic damage to the coal seam. Any determination approving or denying a method of stimulation by the Secretary of the Interior shall be subject to appeal. Interested entities shall be allowed to participate in ana comment on proceedings under this paragraph. (3) The Secretary of the Interior shall by rule establish, for an Affected State, a region thereof, or a multi-State region comprised of Affected States, the boundaries within which a coalbed methane operator shall be required to obtain written consent from a coal operator pursuant to paragraph (1). Such boimdaries shall be stated in terms of a horizontal and a vertical distance from the point of stimulation and shall be determined based on an evaluation of the maximum length, height and depth of fracture producible in a coal seam in such Affected State, region thereof, or multi-State region comprised of Affected States. (4) The consent required under this subsection shall in no way be deemed to impair, abridge, or affect any contractual rights or objections arising out of a coalbed methane gas contract or coalbed methane gas lease in existence as of the effective date of this section between the coalbed methane operator and the coal operator, and the existence of such lease or contractual agreement and any extensions or renewals of such lease shall be deemed to fully meet the requirements of this section. (5) Nothing in this subsection precludes either a coal operator or a coalbed methane operator from seeking in the appropriate State forum compensation for the consequences of a determination by the Secretary of the Interior pursuant to paragraph (2). (k) NoncE AND OBJECTION.—(1) The Secretary of the Interior shall not approve the drilling of any coalbed methane well unless Uie unit operator has notified each entity which is operating, or has the ability, by virtue of his property rights in the coal, to

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