Title 30Mineral Lands and MiningRelease 119-73

§642 Exploration contracts

Title 30 › Chapter CHAPTER 17— - EXPLORATION PROGRAM FOR DISCOVERY OF MINERALS › § 642

Last updated Apr 6, 2026|Official source

Summary

The Secretary can make exploration contracts with people, companies, or other legal groups and give federal money to help explore mineral areas. The contracts must say how the federal money will be paid back. Repayment will come as a royalty on the value of any production and include interest from the date of the loan. Interest must be at least the rate the Treasury would charge for similar borrowing, plus 2 percent per year for administrative costs. Royalty payments go into the Treasury’s miscellaneous receipts. No single contract can give the government’s money beyond $250,000. Money will only be provided if the applicant shows commercial loans are not available on reasonable terms. If the Secretary finds, within the contract time, that production may be possible, he must certify that fact. After certification, royalties are charged against production for the full contract period or until the debt is paid, but not more than 25 years from the contract date. If the Secretary decides not to certify, he will tell the contractor. The Secretary can also make royalty agreements as if the project were certified. He must make rules to run the program and may lower or shorten royalties when it is needed and in the public interest. No rule or contract requires anyone to produce minerals.

Full Legal Text

Title 30, §642

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)In order to carry out the purposes of this chapter, and subject to the provisions of this section, the Secretary is authorized to enter into exploration contracts with individuals, partnerships, corporations, or other legal entities which shall provide for such Federal financial participation as he deems in the national interest. Such contracts shall contain terms and conditions as the Secretary deems necessary and appropriate, including terms and conditions for the repayment of the Federal funds made available under any contract together with interest thereon, as a royalty on the value of the production from the area described in the contract. Interest shall be calculated from the date of the loan. Such interest shall be at rates which (1) are not less than the rates of interest which the Secretary of the Treasury shall determine the Department of the Interior would have to pay if it borrowed such funds from the Treasury of the United States, taking into consideration current average yields on outstanding marketable obligations of the United States with maturities comparable to the terms of the particular contracts involved and (2) plus 2 per centum per annum in lieu of recovering the cost of administering the particular contracts.
(b)Royalty payments received under paragraph (a) of this section shall be covered into the miscellaneous receipts of the Treasury.
(c)When in the opinion of the Secretary an analysis and evaluation of the results of the exploration project disclose that mineral production from the area covered by the contract may be possible he shall so certify within the time specified in the contract. Upon certification, payment of royalties shall be a charge against production for the full period specified in the contract or until the obligation has been discharged, but in no event shall such royalty payments continue for a period of more than twenty-five years from the date of contract. When the Secretary determines not to certify he shall promptly notify the contractor. When the Secretary deems it necessary and in the public interest, he may enter into royalty agreements to provide for royalty payments in the same manner as though the project had been certified.
(d)No provision of this chapter, nor any rule or regulation which may be issued by the Secretary shall be construed to require any production from the area described in the contract.
(e)The Secretary shall establish and promulgate such rules and regulations as may be necessary to carry out the purposes of this chapter: Provided, however, That he may modify and adjust the terms and conditions of any contract to reduce the amount and term of any royalty payment when he shall determine that such action is necessary and in the public interest: Provided further, That no such single contract shall authorize Government participation in excess of $250,000.
(f)No funds shall be made available under this chapter unless the applicant shall furnish evidence that funds from commercial sources are unavailable on reasonable terms.

Reference

Citations & Metadata

Citation

30 U.S.C. § 642

Title 30Mineral Lands and Mining

Last Updated

Apr 6, 2026

Release point: 119-73