30 Usc 601-604

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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: 30USC601]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 15--SURFACE RESOURCES

SUBCHAPTER I--DISPOSAL OF MATERIALS ON PUBLIC LANDS

Sec. 601. Rules and regulations governing disposal of materials;

payment; removal without charge; lands excluded

The Secretary, under such rules and regulations as he may prescribe,

may dispose of mineral materials (including but not limited to common

varieties of the following: sand, stone, gravel, pumice, pumicite,

cinders, and clay) and vegetative materials (including but not limited

to yucca, manzanita, mesquite, cactus, and timber or other forest

products) on public lands of the United States, including, for the

purposes of this subchapter, land described in subchapter V of chapter

28 of title 43, if the disposal of such mineral or vegetative materials

(1) is not otherwise expressly authorized by law, including, but not

limited to, subchapter I of chapter 8A of title 43, and the United

States mining laws, and (2) is not expressly prohibited by laws of the

United States, and (3) would not be detrimental to the public interest.

Such materials may be disposed of only in accordance with the provisions

of this subchapter and upon the payment of adequate compensation

therefor, to be determined by the Secretary: Provided, however, That, to

the extent not otherwise authorized by law, the Secretary is authorized

in his discretion to permit any Federal, State, or Territorial agency,

unit or subdivision, including municipalities, or any association or

corporation not organized for profit, to take and remove, without

charge, materials and resources subject to this subchapter, for use

other than for commercial or industrial purposes or resale. Where the

lands have been withdrawn in aid of a function of a Federal department

or agency other than the department headed by the Secretary or of a

State, Territory, county, municipality, water district or other local

governmental subdivision or agency, the Secretary may make disposals

under this subchapter only with the consent of such other Federal

department or agency or of such State, Territory, or local governmental

unit. Nothing in this subchapter shall be construed to apply to lands in

any national park, or national monument or to any Indian lands, or lands

set aside or held for the use or benefit of Indians, including lands

over which jurisdiction has been transferred to the Department of the

Interior by Executive order for the use of Indians. As used in this

subchapter, the word ``Secretary'' means the Secretary of the Interior

except that it means the Secretary of Agriculture where the lands

involved are administered by him for national forest purposes or for the

purposes of title III of the Bankhead-Jones Farm Tenant Act [7 U.S.C.

1010 et seq.] or where withdrawn for the purpose of any other function

of the Department of Agriculture.

(July 31, 1947, ch. 406, Sec. 1, 61 Stat. 681; July 23, 1955, ch. 375,

Sec. 1, 69 Stat. 367.)

References in Text

Subchapter V (Sec. 1181a et seq.) of chapter 28 of title 43,

referred to in text, was in the original a reference to the Acts of Aug.

28, 1937 (50 Stat. 874), and June 24, 1954 (68 Stat. 270), as amended.

For complete classification of these Acts to the Code, see Tables.

Subchapter I (Sec. 315 et seq.) of chapter 8A of title 43, referred

to in text, was in the original a reference to the Act of June 28, 1934

(48 Stat. 1269), as amended, known as the Taylor Grazing Act. For

complete classification of this Act to the Code, see Short Title note

set out under section 315 of Title 43 and Tables.

The United States mining laws, referred to in text, are classified

generally to this title.

The Bankhead-Jones Farm Tenant Act, referred to in text, is act July

22, 1937, ch. 517, 50 Stat. 522, as amended. Title III of such Act is

classified generally to subchapter III (Sec. 1010 et seq.) of chapter 33

of Title 7, Agriculture. For complete classification of this Act to the

Code, see section 1000 of Title 7 and Tables.

Amendments

1955--Act July 23, 1955, required disposal under this subchapter of

common varieties of sand, stone, gravel, pumice, pumicite, and cinders,

and gave the Secretary of Agriculture the same authority as to lands

under his jurisdiction as the Secretary of Interior possesses as to

lands under his jurisdiction in the disposal of mining and vegetative

materials.

Short Title

Act July 31, 1947, ch. 406, 61 Stat. 681, as amended, which is

classified to this subchapter, is popularly known as the ``Materials Act

of 1947''.

Transfer of Functions

Enforcement functions of Secretary or other official in Department

of the Interior related to compliance with materials sales contracts

under this subchapter and removal permits issued under this subchapter

and enforcement functions of Secretary or other official in Department

of Agriculture insofar as they involve lands and programs under

jurisdiction of that Department related to compliance with removal of

materials under this subchapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas transferred to Federal Inspector,

Office of Federal Inspector for Alaska Natural Gas Transportation

System, until first anniversary of date of initial operation of Alaska

Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,

Secs. 102(e), (f), 203(a), eff. July 1, 1979, 44 F.R. 33663, 33666, 93

Stat. 1373, 1376, set out in the Appendix to Title 5, Government

Organization and Employees. Office of Federal Inspector for the Alaska

Natural Gas Transportation System abolished and functions and authority

vested in Inspector transferred to Secretary of Energy by section

3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal

Inspector note under section 719e of Title 15, Commerce and Trade.

Functions and authority vested in Secretary of Energy subsequently

transferred to Federal Coordinator for Alaska Natural Gas Transportation

Projects by section 720d(f) of Title 15.

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: 30USC602]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 15--SURFACE RESOURCES

SUBCHAPTER I--DISPOSAL OF MATERIALS ON PUBLIC LANDS

Sec. 602. Bidding; advertising and other notice; conditions for

negotiation of contract

(a) The Secretary shall dispose of materials under this subchapter

to the highest responsible qualified bidder after formal advertising and

such other public notice as he deems appropriate: Provided, however,

That the Secretary may authorize negotiation of a contract for the

disposal of materials if--

(1) the contract is for the sale of less than two hundred fifty

thousand board-feet of timber; or, if

(2) the contract is for the disposal of materials to be used in

connection with a public works improvement program on behalf of a

Federal, State or local governmental agency and the public exigency

will not permit the delay incident to advertising; or, if

(3) the contract is for the disposal of property for which it is

impracticable to obtain competition.

(b) Repealed. Pub. L. 96-470, title I, Sec. 102(a), Oct. 19, 1980,

94 Stat. 2237.

(July 31, 1947, ch. 406, Sec. 2, 61 Stat. 681; Pub. L. 87-689, Sec. 1,

Sept. 25, 1962, 76 Stat. 587; Pub. L. 94-273, Sec. 20, Apr. 21, 1976, 90

Stat. 379; Pub. L. 96-470, title I, Sec. 102(a), Oct. 19, 1980, 94 Stat.

2237.)

Amendments

1980--Subsec. (b). Pub. L. 96-470 struck out subsec. (b) which

required a report to be made to Congress on Apr. 1 and Oct. 1 of each

year of the contracts made under subsec. (a)(2) and (3) during the

period since the date of the last report, which report was to name each

purchaser, furnish the appraised value of the material involved, state

the amount of each contract, and describe the circumstances leading to

the determination that the contract should be entered into by

negotiation instead of competitive bidding after formal advertising.

1976--Subsec. (b). Pub. L. 94-273 substituted ``April'' for

``January'' and ``October'' for ``July''.

1962--Pub. L. 87-689 designated existing provisions as subsec. (a),

substituted therein provisions requiring the Secretary to dispose of

materials after formal advertising and such other public notice as he

deems appropriate, and authorizing negotiation of a contract for the

sale of less than 250,000 board-feet of timber, or for materials to be

used in connection with public works improvement program for a Federal,

State, or local governmental agency where the public exigency will not

permit the delay of advertising, or for property for which it is

impracticable to obtain competition, for provisions requiring

publication of notice once a week for 4 consecutive weeks in a newspaper

of general circulation, and competitive bidding, in cases where the

value was in excess of $1,000, and permitting disposal upon such notice

and in such manner as he prescribed where the value was $1,000 or less,

and added subsec. (b).

Transfer of Functions

For transfer of certain enforcement functions of Secretary or other

appropriate officer or entity in Departments of Agriculture and the

Interior under this subchapter to Federal Inspector of Office of Federal

Inspector for Alaska Natural Gas Transportation System, and subsequent

transfer to Secretary of Energy, then to Federal Coordinator for Alaska

Natural Gas Transportation Projects, see note set out under section 601

of this title.

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: 30USC603]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 15--SURFACE RESOURCES

SUBCHAPTER I--DISPOSAL OF MATERIALS ON PUBLIC LANDS

Sec. 603. Disposition of moneys from disposal of materials

All moneys received from the disposal of materials under this

subchapter shall be disposed of in the same manner as moneys received

from the sale of public lands, except that moneys received from the

disposal of materials by the Secretary of Agriculture shall be disposed

of in the same manner as other moneys received by the Department of

Agriculture from the administration of the lands from which the disposal

of materials is made, and except that revenues from the lands described

in subchapter V of chapter 28 of title 43, shall be disposed of in

accordance with said sections and except that moneys received from the

disposal of materials from school section lands in Alaska, reserved

under section 1 of the Act of March 4, 1915 (38 Stat. 1214), shall be

set apart as separate and permanent funds in the Territorial Treasury,

as provided for income derived from said school section lands pursuant

to said Act.

(July 31, 1947, ch. 406, Sec. 3, 61 Stat. 681; Aug. 31, 1950, ch. 830,

64 Stat. 571; July 23, 1955, ch. 375, Sec. 2, 69 Stat. 368.)

References in Text

Subchapter V (Sec. 1181a et seq.) of chapter 28 of title 43,

referred to in text, was in the original a reference to the Acts of Aug.

28, 1937 (50 Stat. 874), and June 24, 1954 (68 Stat. 270), as amended.

For complete classification of these Acts to the Code, see Tables.

Act of March 4, 1915 (38 Stat. 1214), referred to in text, is act

Mar. 4, 1915, ch. 181, 38 Stat. 1214, as amended. Section 1 of that Act,

which made reservation of certain Alaska lands for educational purposes,

covered disposition of proceeds or income derived from reserved lands,

and set out the exclusion of certain lands, was classified to section

353 of Title 48, Territories and Insular Possessions, and was repealed

by Pub. L. 85-508, Sec. 6(k), July 7, 1958, 72 Stat. 343. For complete

classification of this Act to the Code, see Tables.

Amendments

1955--Act July 23, 1955, provided for the disposal of moneys

received by the Secretary of Agriculture, and for the disposal of

revenues from the lands described in sections 1181a to 1181j of title

43.

1950--Act Aug. 31, 1950, provided for setting apart as separate and

permanent funds in the Territorial Treasury moneys received from

disposal of materials from school section lands in Alaska.

Transfer of Functions

For transfer of certain enforcement functions of Secretary or other

appropriate officer or entity in Departments of Agriculture and the

Interior under this subchapter to Federal Inspector of Office of Federal

Inspector for Alaska Natural Gas Transportation System, and subsequent

transfer to Secretary of Energy, then to Federal Coordinator for Alaska

Natural Gas Transportation Projects, see note set out under section 601

of this title.

Admission of Alaska as State

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.

From the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 20, 2004]

[Document not affected by Public Laws enacted between

January 20, 2004 and December 23, 2004]

[CITE: 30USC603]

From the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 20, 2004]

[Document not affected by Public Laws enacted between

January 20, 2004 and December 23, 2004]

[CITE: 30USC604]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 15--SURFACE RESOURCES

SUBCHAPTER I--DISPOSAL OF MATERIALS ON PUBLIC LANDS

Sec. 604. Disposal of sand, peat moss, etc., in Alaska;

contracts

Subject to the provisions of this subchapter, the Secretary may

dispose of sand, stone, gravel, and vegetative materials located below

highwater mark of navigable waters of the Territory of Alaska. Any

contract, unexecuted in whole or in part, for the disposal under this

subchapter of materials from land, title to which is transferred to a

future State upon its admission to the Union, and which is situated

within its boundaries, may be terminated or adopted by such State.

(July 31, 1947, ch. 406, Sec. 4, as added Aug. 31, 1950, ch. 830, 64

Stat. 572.)

Transfer of Functions

For transfer of certain enforcement functions of Secretary or other

appropriate officer or entity in Departments of Agriculture and the

Interior under this subchapter to Federal Inspector of Office of Federal

Inspector for Alaska Natural Gas Transportation System, and subsequent

transfer to Secretary of Energy, then to Federal Coordinator for Alaska

Natural Gas Transportation Projects, see note set out under section 601

of this title.

Admission of Alaska as State

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.