§352 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

The Secretary may lease federal deposits of coal, phosphate, oil (including oil shale), gilsonite and other vein-type solid hydrocarbons, gas, sodium, potassium, and sulfur that are on land owned by the United States, unless the land was bought to develop the minerals, taken by foreclosure for resale, or reported as surplus under the Surplus Property Act of October 3, 1944. Deposits inside incorporated towns or cities, inside national parks or monuments, or in tidelands or submerged lands are not included. Sulfur deposits covered here follow the rules in subchapter VIII of chapter 3A. No lease may go forward without the OK of the head of the federal department or agency that controls the land (or a recorded mortgage or deed-holder), and that official can require conditions to protect the land’s main use. Coal or lignite under land set aside for military or naval use may be leased, with the Secretary of Defense’s agreement, to a government entity that sells electricity to the public if it is located in the same State. Nothing here affects mineral rights, permits, leases, or minerals in tidelands, submerged lands, lands under the three-mile zone at issue in the United States v. California case then pending in the Supreme Court, or the continental shelf next to U.S. land.

Title 30, §352

Mineral Lands and Mining — Source: USLM XML via OLRC

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),11 See References in Text note below. 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.

Notes & Related Subsidiaries

Editorial Notes

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 the former Appendix to Title 50, War and National Defense, and was repealed, effective

July 1, 1949, with the exception of section 1622, 1631, 1637, and 1641 of the former Appendix to Title 50 by act

June 30, 1949, ch. 288, title VI, § 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583. section 1622 and 1641 were partially repealed by the 1949 act, and section 1622 was editorially reclassified and is set out as a note under section 545 of Title 40, Public Buildings, Property, and Works. section 1622(g) was repealed and reenacted as sections 47151 to 47153 of Title 49, Transportation, by Pub. L. 103–272, §§ 1(e), 7(b),

July 5, 1994, 108 Stat. 1278–1280, 1379. section 1631 was repealed by act

June 7, 1939, ch. 190, § 6(e), as added by act

July 23, 1946, ch. 590, 60 Stat. 599, and is covered by section 98 et seq. of Title 50. section 1637 was repealed by act

June 25, 1948, ch. 645, § 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, § 111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter 33 (§ 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 (§ 471 et seq.) of former Title 40, Public Buildings, Property, and Works, and which were repealed and reenacted by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title 40. Subchapter VIII (§ 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.

Statutory Notes and Related Subsidiaries

Outer Continental Shelf; LeasesGrant 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.

§352 Deposits subject to lease; consent of department heads; lands excluded