Lease of Mineral Deposits Within Acquired Lands

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[CITE: 30USC351]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 7--LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

Sec. 351. Definitions

As used in this chapter ``United States'' includes Alaska.

``Acquired lands'' or ``lands acquired by the United States'' include

all lands heretofore or hereafter acquired by the United States to which

the ``mineral leasing laws'' have not been extended, including such

lands acquired under the provisions of the Act of March 1, 1911 (36

Stat. 961, 16 U.S.C., sec. 552). ``Secretary'' means the Secretary of

the Interior, ``Mineral leasing laws'' shall mean the Act of October 20,

1914 (38 Stat. 741, 48 U.S.C., sec. 432); the Act of February 25, 1920

(41 Stat. 437, 30 U.S.C., sec. 181); the Act of April 17, 1926 (44 Stat.

301, 30 U.S.C., sec. 271); the Act of February 7, 1927 (44 Stat. 1057,

30 U.S.C., sec. 281), and all Acts heretofore or hereafter enacted which

are amendatory of or supplementary to any of the foregoing Acts.

``Lease'' includes ``prospecting permit'' unless the context otherwise

requires. The term ``oil'' shall embrace all nongaseous hydrocarbon

substances other than those leasable as coal, oil shale, or gilsonite

(including all vein-type solid hydrocarbons).

(Aug. 7, 1947, ch. 513, Sec. 2, 61 Stat. 913; Pub. L. 97-78,

Sec. 1(9)(a), Nov. 16, 1981, 95 Stat. 1072.)

References in Text

Act of March 1, 1911, referred to in text, is act Mar. 1, 1911, ch.

186, 36 Stat. 961, as amended, 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.

Act of October 20, 1914, referred to in text, is act Oct. 20, 1914,

ch. 330, 38 Stat. 741, known as the Alaska Coal Lands Act, which was

repealed by Pub. L. 86-252, Sec. 1, Sept. 9, 1959, 73 Stat. 490. The

subject matter of this Act is generally covered by subchapters I to VII

(Sec. 181 et seq.) of chapter 3A of this title. For complete

classification of this Act to the Code prior to repeal, see Tables.

Act of February 25, 1920, referred to in text, is act Feb. 25, 1920,

ch. 85, 41 Stat. 437, as amended, known as the Mineral Leasing Act,

which is classified generally to chapter 3A (Sec. 181 et seq.) of this

title. For complete classification of this Act to the Code, see Short

Title note set out under section 181 of this title and Tables.

Act of April 17, 1926, referred to in text, is act Apr. 17, 1926,

ch. 158, 44 Stat. 301, as amended, which is classified generally to

subchapter VIII (Sec. 271 et seq.) of chapter 3A of this title. For

complete classification of this Act to the Code, see Tables.

Act of February 7, 1927, referred to in text, is act Feb. 7, 1927,

ch. 66, 44 Stat. 1057, as amended, which enacted subchapter IX (Sec. 281

et seq.) of chapter 3A of this title, amended sections 181 and 193 of

this title, and repealed subchapter VII (Sec. 141 et seq.) of chapter 3

of this title. For complete classification of this Act to the Code, see

Tables.

Amendments

1981--Pub. L. 97-78 inserted definition of ``oil''.

Short Title

Section 1 of act Aug. 7, 1947, provided: ``That this Act [enacting

this chapter] may be cited as the `Mineral Leasing Act for Acquired

Lands'.''

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.

Outer Continental Shelf Lands; Definition

Definition of ``outer Continental Shelf'' with respect to

jurisdiction of United States, and mineral leases on submerged lands of

such shelf, see section 1331 et seq. of Title 43, Public Lands.

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[CITE: 30USC352]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 7--LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

Sec. 352. Deposits subject to lease; consent of department

heads; lands excluded

Except where lands have been acquired by the United States for the

development of the mineral deposits, by foreclosure or otherwise for

resale, or reported as surplus pursuant to the provisions of the Surplus

Property Act of October 3, 1944 (50 U.S.C., sec. 1611 and the

following), all deposits of coal, phosphate, oil, oil shale, gilsonite

(including all vein-type solid hydrocarbons), gas, sodium, potassium,

and sulfur which are owned or may hereafter be acquired by the United

States and which are within the lands acquired by the United States

(exclusive of such deposits in such acquired lands as are (a) situated

within incorporated cities, towns and villages, national parks or

monuments, or (b) tidelands or submerged lands) may be leased by the

Secretary under the same conditions as contained in the leasing

provisions of the mineral leasing laws, subject to the provisions

hereof. Coal or lignite under acquired lands set apart for military or

naval purposes may be leased by the Secretary, with the concurrence of

the Secretary of Defense, to a governmental entity (including any

corporation primarily acting as an agency or instrumentality of a State)

which produces electrical energy for sale to the public if such

governmental entity is located in the State in which such lands are

located. The provisions of subchapter VIII of chapter 3A of this title

shall apply to deposits of sulfur covered by this chapter wherever

situated. No mineral deposit covered by this section shall be leased

except with the consent of the head of the executive department,

independent establishment, or instrumentality having jurisdiction over

the lands containing such deposit, or holding a mortgage or deed of

trust secured by such lands which is unsatisfied of record, and subject

to such conditions as that official may prescribe to insure the adequate

utilization of the lands for the primary purposes for which they have

been acquired or are being administered: Provided, That nothing in this

chapter is intended, or shall be construed, to apply to or in any manner

affect any mineral rights, exploration permits, leases or conveyances

nor minerals that are or may be in any tidelands; or submerged lands; or

in lands underlying the three mile zone or belt involved in the case of

the United States of America against the State of California now pending

on application for rehearing in the Supreme Court of the United States;

or in lands underlying such three mile zone or belt, or the continental

shelf, adjacent or littoral to any part of the land within the

jurisdiction of the United States of America.

(Aug. 7, 1947, ch. 513, Sec. 3, 61 Stat. 914; Pub. L. 94-377, Sec. 12,

Aug. 4, 1976, 90 Stat. 1090; Pub. L. 97-78, Sec. 1(9)(b), Nov. 16, 1981,

95 Stat. 1072.)

References in Text

The Surplus Property Act of October 3, 1944, referred to in text, is

act Oct. 3, 1944, ch. 479, 58 Stat. 765, which was classified

principally to sections 1611 to 1646 of Title 50, Appendix, War and

National Defense, and was repealed, effective July 1, 1949, with the

exception of sections 1622, 1631, 1637, and 1641 of Title 50, Appendix,

by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1), 63 Stat. 399,

renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583.

Sections 1622 and 1641 were partially repealed by the 1949 act, and

section 1622 is still set out in part in Title 50, Appendix. Section

1622(g) was repealed and reenacted as sections 47151 to 47153 of Title

49, Transportation, by Pub. L. 103-272, Secs. 1(e), 7(b), July 5, 1994,

108 Stat. 1278-1280, 1379. Section 1631 was repealed by act June 7,

1939, ch. 190, Sec. 6(e), as added by act July 23, 1946, ch. 590, 60

Stat. 599, and is covered by sections 98 et seq. of Title 50. Section

1637 was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862,

eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes

and Criminal Procedure. Provisions of section 1641 not repealed by the

1949 act were repealed by Pub. L. 87-256, Sec. 111(a)(1), Sept. 21,

1961, 75 Stat. 538, and are covered by chapter 33 (Sec. 2451 et seq.) of

Title 22, Foreign Relations and Intercourse. The provisions of the

Surplus Property Act of 1944 originally repealed by the 1949 act were

covered by provisions of the 1949 act which were classified to chapter

10 (Sec. 471 et seq.) of former Title 40, Public Buildings, Property,

and Works, and which were repealed and reenacted by Pub. L. 107-217,

Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11

of Title 40, Public Buildings, Property, and Works.

For definition of ``mineral leasing laws'', see section 351 of this

title.

Subchapter VIII (Sec. 271 et seq.) of chapter 3A of this title,

referred to in text, was in the original a reference to the provisions

of the Act of April 17, 1926 (44 Stat. 301), as heretofore or hereafter

amended.

The application for rehearing in the case of the United States of

America against the State of California, referred to in text, was denied

on Oct. 13, 1947, by the Supreme Court of the United States. See 68 S.

Ct. 37, 332 U.S. 787, 92 L. Ed. 370.

Amendments

1981--Pub. L. 97-78 inserted reference to gilsonite (including all

vein-type solid hydrocarbons).

1976--Pub. L. 94-377 substituted ``or (b)'' for ``(b) set apart for

military or naval purposes, or (c)'' and inserted provision allowing the

Secretary, with the concurrence of the Secretary of Defense, to lease

coal or lignite under lands set aside for military purposes to a

governmental entity which produces electrical energy for sale to the

public if such governmental entity is located in the State in which such

lands are located.

Outer Continental Shelf; Leases

Grant by Secretary of the Interior of oil, gas, and other mineral

leases on submerged lands of outer Continental Shelf, see section 1331

et seq. of Title 43, Public Lands.

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[CITE: 30USC353]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 7--LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

Sec. 353. Sale of lands unaffected; reservation of mineral

rights; sale subject to prior lease; naval petroleum reserves

unaffected

Nothing herein contained shall be deemed or construed to (a) amend,

modify, or change any existing law authorizing or requiring the sale of

acquired lands, or (b) empower any commission, bureau, or agency of the

Government to make a reservation of the minerals in the sale of any

acquired land: Provided, That any such sale or conveyance of lands shall

be made by the agency having jurisdiction thereof, subject to any lease

theretofore made, covering the mineral deposits underlying such lands:

Provided further, That nothing in this chapter is intended, or shall be

construed to affect in any manner any provision of chapter 641 of title

10.

(Aug. 7, 1947, ch. 513, Sec. 4, 61 Stat. 914.)

Codification

``Chapter 641 of title 10'' substituted in text for ``the Act of

June 30, 1938 (32 Stat. 1252), amending the Act of June 4, 1920 (41

Stat. 813)'', which had been classified to section 524 of former Title

34, Navy, on authority of act Aug. 10, 1956, ch. 1041, Sec. 49(b), 70A

Stat. 640, the first section of which enacted Title 10, Armed Forces.

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[CITE: 30USC354]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 7--LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

Sec. 354. Lease of partial or future interests in deposits

Where the United States does not own all of the mineral deposits

under any lands sought to be leased and which are affected by this

chapter, the Secretary is authorized to lease the interest of the United

States in any such mineral deposits when, in the judgment of the

Secretary, the public interest will be best served thereby; subject,

however, to the provisions of section 352 of this title. Where the

United States does not own any interest or owns less than a full

interest in the minerals that may be produced from any lands sought to

be leased, and which are or will be affected by this chapter and where,

under the provisions of its acquisition, the United States is to acquire

all or any part of such mineral deposits in the future, the Secretary

may lease any interest of the United States then owned or to be acquired

in the future in the same manner as provided in the preceding sentence.

(Aug. 7, 1947, ch. 513, Sec. 5, 61 Stat. 914.)

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[CITE: 30USC355]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 7--LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

Sec. 355. Disposition of receipts

(a) Subject to the provisions of section 35(b) of the Mineral

Leasing Act (30 U.S.C. 191(b)), all receipts derived from leases issued

under the authority of this chapter shall be paid into the same funds or

accounts in the Treasury and shall be distributed in the same manner as

prescribed for other receipts from the lands affected by the lease, the

intention of this provision being that this chapter shall not affect the

distribution of receipts pursuant to legislation applicable to such

lands: Provided, however, That receipts from leases or permits for

minerals in lands set apart for Indian use, including lands the

jurisdiction of which has been transferred to the Department of the

Interior by the Executive order for Indian use, shall be deposited in a

special fund in the Treasury until final disposition thereof by the

Congress. Notwithstanding the preceding provisions of this section, all

receipts derived from leases on lands acquired for military or naval

purposes, except the naval petroleum reserves and national oil shale

reserves, shall be paid into the Treasury of the United States and

disposed of in the same manner as provided under section 35 of the Act

of February 25, 1920 (41 Stat. 450; 30 U.S.C. 191), in the case of

receipts from sales, bonuses, royalties, and rentals of the public lands

under that Act [30 U.S.C. 181 et seq.].

(b) Notwithstanding any other provision of law, any payment to a

State under this section shall be made by the Secretary of the Interior

and shall be made not later than the last business day of the month

following the month in which such moneys or associated reports are

received by the Secretary of the Interior, whichever is later. The

preceding sentence shall also apply to any payment to a State derived

from a lease for mineral resources issued by the Secretary of the

Interior under section 520 of title 16. The Secretary shall pay interest

to a State on any amount not paid to the State within that time at the

rate prescribed under section 1721 \1\ of this title from the date

payment was required to be made under this subsection until the date

payment is made.

---------------------------------------------------------------------------

\1\ See References in Text note below.

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(Aug. 7, 1947, ch. 513, Sec. 6, 61 Stat. 915; Pub. L. 97-94, Sec. 1,

Dec. 17, 1981, 95 Stat. 1205; Pub. L. 102-486, title XXV, Sec. 2506(a),

Oct. 24, 1992, 106 Stat. 3106; Pub. L. 103-66, title X, Sec. 10202(a),

Aug. 10, 1993, 107 Stat. 408; Pub. L. 107-76, title VII, Sec. 751(e)(2),

Nov. 28, 2001, 115 Stat. 739.)

References in Text

The Mineral Leasing Act, referred to in subsec. (a), is act Feb. 25,

1920, ch. 85, 41 Stat. 437, as amended, which is classified generally to

chapter 3A (Sec. 181 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section 181

of this title and Tables.

Section 1721 of this title, referred to in subsec. (b), was in the

original ``section 111 of the Federal Oil and Gas Royalty Management Act

of 1982'', which enacted section 1721 of this title and amended section

191 of this title.

Amendments

2001--Subsec. (b). Pub. L. 107-76 inserted after first sentence

``The preceding sentence shall also apply to any payment to a State

derived from a lease for mineral resources issued by the Secretary of

the Interior under section 520 of title 16.''

1993--Subsec. (a). Pub. L. 103-66 substituted ``Subject to the

provisions of section 35(b) of the Mineral Leasing Act (30 U.S.C.

191(b)), all receipts'' for ``All receipts'' in first sentence.

1992--Pub. L. 102-486 designated existing provisions as subsec. (a)

and added subsec. (b).

1981--Pub. L. 97-94 inserted provision that all receipts derived

from leases on lands acquired for military or naval purposes, except the

naval petroleum reserves and national shale oil reserves, be paid into

the Treasury of the United States and disposed of in the same manner as

provided under section 35 of the Act of February 25, 1920, in the case

of receipts from sales, bonuses, royalties, and rentals of the public

lands under that Act.

Effective Date of 1981 Amendment

Section 2 of Pub. L. 97-94 provided that: ``The amendment made by

the first section of this Act [amending this section] shall take effect

with respect to leases entered into after January 1, 1981.''

Outer Continental Shelf; Revenues From Leases

Disposition of revenues from leases on submerged lands of outer

Continental Shelf, see sections 1337(g) and 1338 of Title 43, Public

Lands.

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[CITE: 30USC356]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 7--LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

Sec. 356. Furnishing description of lands and title documents;

recordation of documents; authenticated copies

Upon request by the Secretary, the heads of all executive

departments, independent establishments, or instrumentalities having

jurisdiction over any of the lands referred to in section 351 of this

title shall furnish to the Secretary the legal description of all of

such lands, and all pertinent abstracts, title papers, and other

documents in the possession of such agencies concerning the status of

the title of the United States to the mineral deposits that may be found

in such lands.

Abstracts, title papers, and other documents furnished to the

Secretary under this section shall be recorded promptly in the Bureau of

Land Management in such form as the Secretary shall deem adequate for

their preservation and use in the administration of this chapter,

whereupon the originals shall be returned promptly to the agency from

which they were received. Duly authenticated copies of any such

abstracts, title papers, or other documents may, however, be furnished

to the Secretary, in lieu of the originals, in the discretion of the

agency concerned.

(Aug. 7, 1947, ch. 513, Sec. 7, 61 Stat. 915.)

Transfer of Functions

See note set out under section 1 of this title.

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[CITE: 30USC357]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 7--LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

Sec. 357. State or local government rights; taxation

Nothing contained in this chapter shall be construed to affect the

rights of the State or other local authorities to exercise any right

which they may have with respect to properties covered by leases issued

under this chapter, including the right to levy and collect taxes upon

improvements, output of mines, or other rights, property, or assets of

any lessee of the United States.

(Aug. 7, 1947, ch. 513, Sec. 8, 61 Stat. 915.)

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[CITE: 30USC358]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 7--LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

Sec. 358. Rights under prior leases; priority of pending

applications; exchange of leases

Nothing in this chapter shall affect any rights acquired by any

lessee of lands subject to this chapter under the law as it existed

prior to August 7, 1947, and such rights shall be governed by the law in

effect at the time of their acquisition; but any person qualified to

hold a lease who, on August 7, 1947, had pending an application for an

oil and gas lease for any lands subject to this chapter which on the

date the application was filed was not situated within the known

geologic structure of a producing oil or gas field, shall have a

preference right over others to a lease of such lands without

competitive bidding. Any person holding a lease on lands subject hereto,

which lease was issued prior to August 7, 1947, shall be entitled to

exchange such lease for a new lease issued under the provisions of this

chapter, at any time prior to the expiration of such existing lease.

(Aug. 7, 1947, ch. 513, Sec. 9, 61 Stat. 915.)

Outer Continental Shelf; Jurisdiction of United States; Validation of

Prior Leases

Jurisdiction of United States over outer Continental Shelf, grant of

leases on submerged lands thereof, and validation of prior leases, see

section 1331 et seq. of Title 43, Public Lands.

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[CITE: 30USC359]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 7--LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

Sec. 359. Rules and regulations

The Secretary of the Interior is authorized to prescribe such rules

and regulations as are necessary and appropriate to carry out the

purposes of this chapter, which rules and regulations shall be the same

as those prescribed under the mineral leasing laws to the extent that

they are applicable.

(Aug. 7, 1947, ch. 513, Sec. 10, 61 Stat. 915.)

References in Text

For definition of ``mineral leasing laws'', see section 351 of this

title.

Transfer of Functions

Functions of Secretary of the Interior to promulgate regulations

under this chapter relating to fostering of competition for Federal

leases, implementation of alternative bidding systems authorized for

award of Federal leases, establishment of diligence requirements for

operations conducted on Federal leases, setting of rates for production

of Federal leases, and specifying of procedures, terms, and conditions

for acquisition and disposition of Federal royalty interests taken in

kind, transferred to Secretary of Energy by section 7152(b) of Title 42,

The Public Health and Welfare. Section 7152(b) of Title 42 was repealed

by Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407, and

functions of Secretary of Energy returned to Secretary of the Interior.

See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.