Title 30 — Mineral Lands and MiningRelease 119-73
§601 Rules and regulations governing disposal of materials; payment; removal without charge; lands excluded
Title 30 › Chapter CHAPTER 15— - SURFACE RESOURCES › Subchapter SUBCHAPTER I— - DISPOSAL OF MATERIALS ON PUBLIC LANDS › § 601
Summary
Allows the Secretary to permit removing common mineral and plant materials from U.S. public lands (for example, sand, stone, gravel, pumice, cinders, clay, yucca, mesquite, cactus, and timber) under rules the Secretary makes. The removals can happen only if they are not already allowed by other laws, are not banned by law, and would not harm the public interest. The Secretary must set the rules and can require fair payment for the materials. The Secretary may also let federal, state, territorial, or local agencies, or nonprofit groups, take materials for free if they will not use them for commercial or industrial purposes or resale. If the land is reserved for use by another federal agency or by a state or local government, the Secretary needs that agency’s or unit’s consent before allowing removals. These rules do not cover lands in national parks or national monuments, or Indian lands or lands held for the benefit of Indians. “Secretary” means the Secretary of the Interior, unless the land is managed by the Department of Agriculture, in which case it means the Secretary of Agriculture.
Full Legal Text
Title 30, §601
Mineral Lands and Mining — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
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). 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), 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. 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.
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.
Statutory Notes and Related Subsidiaries
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”.
Executive Documents
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.
Reference
Citations & Metadata
Citation
30 U.S.C. § 601
Title 30 — Mineral Lands and Mining
Last Updated
Apr 6, 2026
Release point: 119-73