Materials Act (30 U.S.C. 601-604 )

30 U.S.C.
United States Code, 2018 Edition
Title 30 - MINERAL LANDS AND MINING
CHAPTER 15 - SURFACE RESOURCES
SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC LANDS
From the U.S. Government Publishing Office, www.gpo.gov

SUBCHAPTER I—DISPOSAL OF MATERIALS ON PUBLIC LANDS
§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 Where the lands have been withdrawn in aid of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, §1, 61 Stat. 681; July 23, 1955, ch. 375, §1, 69 Stat. 367.)
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Subchapter V (§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 (§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 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 (§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.
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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.
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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".
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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, §§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.

§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, §102(a), Oct. 19, 1980, 94 Stat. 2237.
(July 31, 1947, ch. 406, §2, 61 Stat. 681; Pub. L. 87–689, §1, Sept. 25, 1962, 76 Stat. 587; Pub. L.
94–273, §20, Apr. 21, 1976, 90 Stat. 379; Pub. L. 96–470, title I, §102(a), Oct. 19, 1980, 94 Stat.
2237.)
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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

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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).
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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.

§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 I of chapter 44 of title 43 and subchapter III of chapter 44 of title 43 shall be disposed of
in accordance with said subchapters 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, §3, 61 Stat. 681; Aug. 31, 1950, ch. 830, 64 Stat. 571; July 23, 1955, ch.
375, §2, 69 Stat. 368.)
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Subchapter I of chapter 44 of title 43, referred to in text, was in the original a reference to act Aug. 28,
1937, ch. 876, 50 Stat. 874, which is classified principally to subchapter I (§2601 et seq.) of chapter 44 of
Title 43, Public Lands. For complete classification of this Act to the Code, see Tables.
Subchapter III of chapter 44 of title 43, referred to in text, was in the original a reference to act June 24,
1954, ch. 357, 68 Stat. 270, which is classified principally to subchapter III (§2631 et seq.) of chapter 44 of
Title 43. For complete classification of this Act 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, §6(k), July 7, 1958, 72 Stat. 343. For complete classification of this Act to the Code, see Tables.
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1955—Act July 23, 1955, provided for the disposal of moneys received by the Secretary of Agriculture, and
for the disposal of revenues from lands described in subchapters I and III of chapter 44 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.
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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.
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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.

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§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, §4, as added Aug. 31, 1950, ch. 830, 64 Stat. 572.)
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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.
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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.

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