2 (b) to promote competition and discourage monopolies ; (c) to encourage the active development of the mineral deposits in the leasable lands in a manner com patible with the use of the same lands for other purposes; (d) to prevent waste and promote the conservation of the mineral resources; (e) to encourage the maximum ultimate recovery of the mineral deposits; (f) to assure mineral developers adequate acreage to justify necessary plant investment, development, and production; (g) to require that mineral exploration and production be conducted in a manner which will prevent or substantially reduce their adverse environmental effects; and (h) to insure the public a fair return on the disposition of its mineral resources. DEFINITIONS SEC. 3. As used in this Act the term (a) "Secretary" means the Secretary of the Interior; (b) "person" means (1) a citizen of the United States, or (2) a corporation organized under the laws of the United States or of one of the States, or the District 3 of Columbia, or (3) an association of such citizens or corporations or of both, but no corporation shall be a per son if 10 per centum or more of the stock in that corporation is held by citizens of, or corporations incorporated in, countries the laws, customs, or regulations of which deny to United States Citizens or corporations equivalent rights and privileges, and no association shall be a person if 10 per centum or more of the indicia of control in that association is held by citizens of, or corporations incorporated in, countries the laws, customs, or regu lations of which deny to United States citizens or corporations equivalent rights and privileges; (c) "leasable lands" means all lands owned by the United States, including mineral deposits owned by the United States in lands the surface of which is in other ownership, except (1) lands in the national park system and the national wildlife refuge system except those which on the date of enactment of this Act are open to mineral leasing, (2) lands held by the United States for the use of Indians or Indian tribes, (3) lands in naval petroleum and oil shale reserves, (4) lands on the Outer Continental Shelf, and (5) lands in the na tional wilderness preservation system except as otherwise provided in the Wilderness Act; (d) "hardrock minerals" means any mineral of a 4 kind which on January 1, 1973, was subject to loca tion under the Mining Law of 1872 (Revised Statutes 2318-2352), as amended, and which is not subject to disposition under title II, III, or IV of this Act; (e) "licensee" means a person who holds a prospecting license issued by the Secretary under this Act; (f) "oil and gas" means all hydrocarbon substances except coal or oil shale; (g) "other bedded minerals" means deposits of potentially valuable minerals occurring in beds and not in lodes, manto deposits, veins, or porphyry stocks which the Secretary determines to be more appropriately sub ject to disposal under title III than under any other title of this Act; (h) "construction minerals" means (1) all varieties of sand, stone, gravel, pumice, pumicite, cinders, and common clay, for whatever purpose they may be used, and (2) any similar minerals which are used in an unrefined condition for building, highway, or other construction and which the Secretary may designate a "construction mineral" for the purposes of this Act; (i) "associated or related minerals" means any minerals, other than the mineral covered by the lease, which are (1) so intermingled with the deposits of the mineral for which the lease is issued that separate devel 1 2 3 4 5 6 7 8 9 10 11 12 13 5 opment is, in the opinion of the Secretary, not warranted for mining or for economic reasons, or (2) of such poor quality and in such small quantity that separate development is, in the opinion of the Secretary, undesirable for mining or for economic reasons: (j) "paying quantities" means that quantity of a mineral which would pay a profit to the lessee, if he operated the well or mine and marketed the product; (k) "producing or producible lease" means a lease covering leasable land on which there are (i) one or more producing wells or nines, or (ii) a valuable leasable mineral deposit to which there is an outcrop, shaft, adit, or slope providing immediate access, or (iii) shut 14 in wells or operational mines capable of producing the leased mineral; (1) "maximum ultimate recovery" means the greatest quantity of the mineral deposit which can be economically recovered in accordance with the best mineral conservation and sound environmental practices; (m) "diligent mining operations" means drilling, mining development, and mineral processing which can be expected of a lessee seriously secking to develop a mineral deposit or, except as used in title V, attempting 6 1 to prove existence of minerals in paying quantities in 2 3 4 5 6 8 9 10 11 the leased lands; (n) "diligent drilling operations" means actual drilling operations which are conducted in such a way as to be an effort which one seriously looking for oil and gas could be expected to make in the particular area given existing knowledge of geologic and other pertinent factors; (o) "underground mining operations" means those mining operations carried out beneath the surface by means of shafts, tunnels, or other underground mine 12 openings and such use of the adjacent surface as is in 14 cidental thereto; (p) "surface mining operations" means those min ing operations carried out on the surface, including strip, area strip, contour strip or auger mining, dredging, and leaching, or any combination thereof, and activi ties related thereto; (q) "open pit mining" means that surface mining method in which the overburden is removed from atop the mineral and in which, by virtue of the thickness of the deposits, mining continues in the same area proceeding predominantly downward with lateral expansion of the pit necessary to maintain slope stability and nec essary to accommodate the orderly expansion of the total mining operation. For the purposes of this Act, this |