30 Usc 181

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 20, 2004]
[Document not affected by Public Laws enacted between
January 20, 2004 and December 23, 2004]
[CITE: 30USC181]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 3A--LEASES AND PROSPECTING PERMITS

SUBCHAPTER I--GENERAL PROVISIONS

Sec. 181. Lands subject to disposition; persons entitled to
benefits; reciprocal privileges; helium rights reserved

Deposits of coal, phosphate, sodium, potassium, oil, oil shale,
gilsonite (including all vein-type solid hydrocarbons), or gas, and
lands containing such deposits owned by the United States, including
those in national forests, but excluding lands acquired under the
Appalachian Forest Act, approved March 1, 1911 (36 Stat. 961), and those
in incorporated cities, towns, and villages and in national parks and
monuments, those acquired under other Acts subsequent to February 25,
1920, and lands within the naval petroleum and oil-shale reserves,
except as hereinafter provided, shall be subject to disposition in the
form and manner provided by this chapter to citizens of the United
States, or to associations of such citizens, or to any corporation
organized under the laws of the United States, or of any State or
Territory thereof, or in the case of coal, oil, oil shale, or gas, to
municipalities. Citizens of another country, the laws, customs, or
regulations of which deny similar or like privileges to citizens or
corporations of this country, shall not by stock ownership, stock
holding, or stock control, own any interest in any lease acquired under
the provisions of this chapter.
The term ``oil'' shall embrace all nongaseous hydrocarbon substances
other than those substances leasable as coal, oil shale, or gilsonite
(including all vein-type solid hydrocarbons).
The term ``combined hydrocarbon lease'' shall refer to a lease
issued in a special tar sand area pursuant to section 226 of this title
after November 16, 1981.
The term ``special tar sand area'' means (1) an area designated by
the Secretary of the Interior's orders of November 20, 1980 (45 FR
76800-76801) and January 21, 1981 (46 FR 6077-6078) as containing
substantial deposits of tar sand.
The United States reserves the ownership of and the right to extract
helium from all gas produced from lands leased or otherwise granted
under the provisions of this chapter, under such rules and regulations
as shall be prescribed by the Secretary of the Interior: Provided
further, That in the extraction of helium from gas produced from such
lands it shall be so extracted as to cause no substantial delay in the
delivery of gas produced from the well to the purchaser thereof.

(Feb. 25, 1920, ch. 85, Sec. 1, 41 Stat. 437; Feb. 7, 1927, ch. 66,
Sec. 5, 44 Stat. 1058; Aug. 8, 1946, ch. 916, Sec. 1, 60 Stat. 950; Pub.
L. 86-705, Sec. 7(a), Sept. 2, 1960, 74 Stat. 790; Pub. L. 97-78,
Sec. 1(1), (4), Nov. 16, 1981, 95 Stat. 1070.)

References in Text

The Appalachian Forest Act, referred to in the first undesignated
paragraph, is act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended, also
known as the Weeks Law, which is classified to sections 480, 500, 513 to
519, 521, 552 and 563 of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title note set out
under section 552 of Title 16 and Tables.

Amendments

1981--Pub. L. 97-78, in first par., substituted ``gilsonite
(including all vein-type solid hydrocarbons),'' for ``native asphalt,
solid and semisolid bitumen, and bituminous rock (including oil-
impregnated rock or sands from which oil is recoverable only by special
treatment after the deposit is mined or quarried)'', and added, after
first par. three paragraphs which defined ``oil'', ``combined
hydrocarbon lease'', and ``special tar sand area'', respectively.
1960--Pub. L. 86-705 included deposits of native asphalt, solid and
semisolid bitumen, and bituminous rock.
1946--Act Aug. 8, 1946, reenacted: existing par., less three
provisos, as first sentence of first par., inserting ``potassium'' after
``sodium'', which was also included in the 1927 amendment, and
substituting provision for disposition of deposits ``in incorporated
cities, towns, and villages, and in national parks and monuments, those
acquired under other Acts subsequent to February 25, 1920, and lands
within the naval petroleum and oil-shale reserves'' for such disposition
``in national parks, and in lands withdrawn or reserved for military or
naval uses or purposes'' and phrase ``associations of such citizens''
for ``any association of such persons''; former third proviso as second
sentence of first par.; former first proviso, as second par., inserting
reservation of ownership provision and striking out ``permitted'' before
``leased or otherwise granted''; and former second proviso as proviso in
second par.
1927--Act Feb. 7, 1927, included deposits of potassium.

Short Title of 2000 Amendments

Pub. L. 106-463, Sec. 1, Nov. 7, 2000, 114 Stat. 2010, provided
that: ``This Act [amending section 184 of this title and enacting
provisions set out as a note under section 184 of this title] may be
cited as the `Coal Market Competition Act of 2000'.''
Pub. L. 106-393, title V, Sec. 501, Oct. 30, 2000, 114 Stat. 1624,
provided that: ``This title [amending section 191 of this title and
enacting provisions set out as a note under section 191 of this title]
may be cited as the `Mineral Revenue Payments Clarification Act of
2000'.''

Short Title of 1987 Amendment

Pub. L. 100-203, title V, Sec. 5101(a), Dec. 22, 1987, 101 Stat.
1330-256, provided that: ``This subtitle [subtitle B (Secs. 5101-5113)
of Pub. L. 100-203, enacting sections 195 and 226-3 of this title,
amending sections 187a, 187b, 188, 191, and 226 of this title and
section 3148 of Title 16, Conservation, and enacting provisions set out
as notes under this section and section 226 of this title] may be cited
as the `Federal Onshore Oil and Gas Leasing Reform Act of 1987'.''

Short Title of 1981 Amendment

Pub. L. 97-78, Nov. 16, 1981, 95 Stat. 1070, which amended this
section and sections 182, 184, 209, 226, 241, 351, and 352 of this title
and enacted provisions set out as a note under this section, is
popularly known as the ``Combined Hydrocarbon Leasing Act of 1981''.

Short Title of 1976 Amendment

Pub. L. 94-377, Sec. 1(a), Aug. 4, 1976, 90 Stat. 1083, as amended
by Pub. L. 95-554, Sec. 8, Oct. 30, 1978, 92 Stat. 2075, provided that:
``This Act [enacting sections 202a, 208-1, and 208-2 of this title,
amending sections 184, 191, 201, 203, 207, 209, and 352 of this title,
repealing sections 201-1 and 204 of this title, and enacting provisions
set out as notes under sections 184, 201, 201-1, 203, and 204 of this
title] may be cited as the `Federal Coal Leasing Amendments Act of
1976'.''

Short Title of 1960 Amendment

Section 1 of Pub. L. 86-705 provided: ``That this Act [amending this
section and sections 182, 184, 187a, 226, 226-1, 226-2, and 241 of this
title, and enacted provisions set out as notes under sections 187a and
226 of this title] may be cited as the `Mineral Leasing Act Revision of
1960'.''

Short Title

Act Feb. 25, 1920, ch. 85, Sec. 44, as added Dec. 22, 1987, Pub. L.
100-203, title V, Sec. 5113, 101 Stat. 1330-263, provided that: ``This
Act [enacting this chapter] may be cited as the `Mineral Leasing Act'.''
This chapter is also popularly known as the ``Mineral Leasing Act of
1920'' and the ``Mineral Lands Leasing Act''.

Savings Provision

Provisions of Federal Land Policy and Management Act of 1976, Pub.
L. 94-579, Oct. 21, 1976, 90 Stat. 2743, not to be construed as
permitting any person to place, or allow to be placed, spent oil shale,
etc., on any Federal land other than land leased for the recovery of
shale oil under the act of Feb. 25, 1920, section 181 et seq. of this
title, see section 701(d) of Pub. L. 94-579, set out as a note under
section 1701 of Title 43, Public Lands.
Section 15 of act Aug. 8, 1946, provided: ``No repeal or amendment
made by this Act [enacting sections 187a, 187b, 226c-226e, and 236b,
amending this section and sections 184, 188, 193, 209, 225, 226, and
285, and repealing sections 223a, 226a, and 226b of this title] shall
affect any right acquired under the law as it existed prior to such
repeal or amendment, and such right shall be governed by the law in
effect at the time of its acquisition; but any person holding a lease on
the effective date of this Act [Aug. 8, 1946] may, by filing a statement
to that effect, elect to have his lease governed by the applicable
provisions of this Act instead of by the law in effect prior thereto.''

Construction and Applicability of 1981 Amendments

Section 1(10), (11) of Pub. L. 97-78 provided that:
``(10) Nothing in this Act [see Short Title of 1981 Amendment note
above] shall affect the taxable status of production from tar sand under
the Crude Oil Windfall Profit Tax Act of 1980 (Public Law 96-223) [see
Tables for classification], reduce the depletion allowance for
production from tar sand, or otherwise affect the existing tax status
applicable to such production.
``(11) No provision of this Act [see Short Title of 1981 Amendment
note above] shall apply to national parks, national monuments, or other
lands where mineral leasing is prohibited by law. The Secretary of the
Interior shall apply the provisions of this Act to the Glen Canyon
National Recreation Area, and to any other units of the national park
system where mineral leasing is permitted, in accordance with any
applicable minerals management plan if the Secretary finds that there
will be no resulting significant adverse impacts on the administration
of such area, or on other contiguous units of the national park
system.''

Admission of Alaska as State: Selection of Lands

Admission of Alaska into the Union was accomplished Jan. 3, 1959, on
issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as
required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72
Stat. 339, set out as notes preceding section 21 of Title 48,
Territories and Insular Possessions.
Selection of lands by Alaska from lands made available by Statehood
provisions including lands subject to leases, permits, licenses or
contracts issued under this chapter, see section 6(h) of Pub. L. 85-508,
set out as note preceding section 21 of Title 48.

Outer Continental Shelf; Mineral Leases

Grant by the Secretary of the Interior of mineral leases on
submerged lands of outer Continental Shelf, see section 1331 et seq., of
Title 43, Public Lands.