§460q–5 — Title 16 Conservation | U.S. Code

Summary

Lands inside the recreation area are closed to new mining claims, entries, and patents, except for any valid rights that already exist. The Secretary of the Interior can allow removal of nonleasable minerals under rules like section 387 of title 43 and section 192c of title 30, and can allow leasable minerals under the Mineral Leasing Act of February 25, 1920, or the Acquired Lands Mineral Leasing Act of August 7, 1947, but only if doing so will not seriously harm the Central Valley project or how the recreation area is run. Any permit or lease for minerals on lands run by the Secretary of Agriculture needs that Secretary’s consent and any conditions he sets. Money from permits and leases on those Agriculture-run lands must go into the same Treasury funds and be shared the same way as other receipts from those lands, unless the Mineral Leasing Act or the 1947 Act says otherwise. Money from nonleasable minerals on public lands under the Interior is handled the same as money from selling public lands.

Title 16, §460q–5

Conservation — Source: USLM XML via OLRC

The lands within the recreation area, subject to valid existing rights, are hereby withdrawn from location, entry, and patent under the United States mining laws. The Secretary of the Interior, under such regulations as he deems appropriate, may permit the removal of the nonleasable minerals from lands or interests in lands under his jurisdiction within the recreation area in the manner prescribed by section 387 of title 43, and from those under the jurisdiction of the Secretary of Agriculture within the recreation area in accordance with the provisions of section 192c of title 30, and he may permit the removal of leasable minerals from lands or interests in lands within the recreation area in accordance with the Mineral Leasing Act of February 25, 1920, as amended [30 U.S.C. 181 et seq.], or the Acquired Lands Mineral Leasing Act of August 7, 1947 [30 U.S.C. 351 et seq.], if he finds that such disposition would not have significant adverse effects on the purposes of the Central Valley project or the administration of the recreation area: Provided, That any lease or permit respecting such minerals in lands administered by the Secretary of Agriculture shall be issued only with his consent and subject to such conditions as he may prescribe. All receipts derived from permits and leases issued under the authority of this section on lands administered by the Secretary of Agriculture shall be paid into the same funds or accounts in the Treasury of the United States and shall be distributed in the same manner as provided for other receipts from the lands affected by the lease or permit, except that any receipts derived from permits or leases issued on those or other lands in the recreation area under the Mineral Leasing Act of February 25, 1920, as amended, or the Act of August 7, 1947, shall be disposed of as provided in the applicable Act; and receipts from the disposition of nonleasable minerals from public lands under the jurisdiction of the Secretary of the Interior shall be disposed of in the same manner as moneys received from the sale of public lands.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Acquired Lands Mineral Leasing Act of August 7, 1947, referred to in text, is act Aug. 7, 1947, ch. 513, 61 Stat. 913, which is classified generally to chapter 7 (§ 351 et seq.) of Title 30. For complete classification of this Act to the Code, see

Short Title

note set out under section 351 of Title 30 and Tables.

§460q–5 Mineral development; payment of receipts into certain funds or accounts in Treasury; disposition of receipts