US (United States) Code. Title 30. Chapter 7: Lease of mineral deposits within acquired lands

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Mineral lands and mining

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-CITE-

30 USC CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN

ACQUIRED LANDS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-

CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-MISC1-

Sec.

351. Definitions.

352. Deposits subject to lease; consent of department

heads; lands excluded.

353. Sale of lands unaffected; reservation of mineral

rights; sale subject to prior lease; naval petroleum

reserves unaffected.

354. Lease of partial or future interests in deposits.

355. Disposition of receipts.

356. Furnishing description of lands and title documents;

recordation of documents; authenticated copies.

357. State or local government rights; taxation.

358. Rights under prior leases; priority of pending

applications; exchange of leases.

359. Rules and regulations.

360. Authority to manage certain mineral leases.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 188, 192c, 541d, 1003,

1005 of this title; title 16 sections 90c-1, 283b, 460q-5, 460v-4,

460dd-2; title 33 section 701c-3.

-End-

-CITE-

30 USC Sec. 351 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-

Sec. 351. Definitions

-STATUTE-

As used in this chapter "United States" includes Alaska.

"Acquired lands" or "lands acquired by the United States" include

all lands heretofore or hereafter acquired by the United States to

which the "mineral leasing laws" have not been extended, including

such lands acquired under the provisions of the Act of March 1,

1911 (36 Stat. 961, 16 U.S.C., sec. 552). "Secretary" means the

Secretary of the Interior, "Mineral leasing laws" shall mean the

Act of October 20, 1914 (38 Stat. 741, 48 U.S.C., sec. 432); the

Act of February 25, 1920 (41 Stat. 437, 30 U.S.C., sec. 181); the

Act of April 17, 1926 (44 Stat. 301, 30 U.S.C., sec. 271); the Act

of February 7, 1927 (44 Stat. 1057, 30 U.S.C., sec. 281), and all

Acts heretofore or hereafter enacted which are amendatory of or

supplementary to any of the foregoing Acts. "Lease" includes

"prospecting permit" unless the context otherwise requires. The

term "oil" shall embrace all nongaseous hydrocarbon substances

other than those leasable as coal, oil shale, or gilsonite

(including all vein-type solid hydrocarbons).

-SOURCE-

(Aug. 7, 1947, ch. 513, Sec. 2, 61 Stat. 913; Pub. L. 97-78, Sec.

1(9)(a), Nov. 16, 1981, 95 Stat. 1072.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 1, 1911, referred to in text, is act Mar. 1, 1911,

ch. 186, 36 Stat. 961, as amended, known as the Weeks Law, which is

classified to sections 480, 500, 513 to 519, 521, 552, and 563 of

Title 16, Conservation. For complete classification of this Act to

the Code, see Short Title note set out under section 552 of Title

16 and Tables.

Act of October 20, 1914, referred to in text, is act Oct. 20,

1914, ch. 330, 38 Stat. 741, known as the Alaska Coal Lands Act,

which was repealed by Pub. L. 86-252, Sec. 1, Sept. 9, 1959, 73

Stat. 490. The subject matter of this Act is generally covered by

subchapters I to VII (Sec. 181 et seq.) of chapter 3A of this

title. For complete classification of this Act to the Code prior to

repeal, see Tables.

Act of February 25, 1920, referred to in text, is act Feb. 25,

1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral

Leasing Act, which is classified generally to chapter 3A (Sec. 181

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 181 of this

title and Tables.

Act of April 17, 1926, referred to in text, is act Apr. 17, 1926,

ch. 158, 44 Stat. 301, as amended, which is classified generally to

subchapter VIII (Sec. 271 et seq.) of chapter 3A of this title. For

complete classification of this Act to the Code, see Tables.

Act of February 7, 1927, referred to in text, is act Feb. 7,

1927, ch. 66, 44 Stat. 1057, as amended, which enacted subchapter

IX (Sec. 281 et seq.) of chapter 3A of this title, amended sections

181 and 193 of this title, and repealed subchapter VII (Sec. 141 et

seq.) of chapter 3 of this title. For complete classification of

this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-78 inserted definition of "oil".

SHORT TITLE

Section 1 of act Aug. 7, 1947, provided: "That this Act [enacting

this chapter] may be cited as the 'Mineral Leasing Act for Acquired

Lands'."

ADMISSION OF ALASKA AS STATE

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.

OUTER CONTINENTAL SHELF LANDS; DEFINITION

Definition of "outer Continental Shelf" with respect to

jurisdiction of United States, and mineral leases on submerged

lands of such shelf, see section 1331 et seq. of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 356 of this title.

-End-

-CITE-

30 USC Sec. 352 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-

Sec. 352. Deposits subject to lease; consent of department heads;

lands excluded

-STATUTE-

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), 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.

-SOURCE-

(Aug. 7, 1947, ch. 513, Sec. 3, 61 Stat. 914; Pub. L. 94-377, Sec.

12, Aug. 4, 1976, 90 Stat. 1090; Pub. L. 97-78, Sec. 1(9)(b), Nov.

16, 1981, 95 Stat. 1072.)

-REFTEXT-

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 Title 50, Appendix, War and

National Defense, and was repealed, effective July 1, 1949, with

the exception of sections 1622, 1631, 1637, and 1641 of Title 50,

Appendix, by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1),

63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64

Stat. 583. Sections 1622 and 1641 were partially repealed by the

1949 act, and section 1622 is still set out in part in Title 50,

Appendix. Section 1622(g) was repealed and reenacted as sections

47151 to 47153 of Title 49, Transportation, by Pub. L. 103-272,

Secs. 1(e), 7(b), July 5, 1994, 108 Stat. 1278-1280, 1379. Section

1631 was repealed by act June 7, 1939, ch. 190, Sec. 6(e), as added

by act July 23, 1946, ch. 590, 60 Stat. 599, and is covered by

sections 98 et seq. of Title 50. Section 1637 was repealed by act

June 25, 1948, ch. 645, Sec. 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, Sec. 111(a)(1), Sept. 21, 1961, 75

Stat. 538, and are covered by chapter 33 (Sec. 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 (Sec. 471 et seq.) of former Title 40, Public Buildings,

Property, and Works, and which were repealed and reenacted by Pub.

L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as

chapters 1 to 11 of Title 40, Public Buildings, Property, and

Works.

For definition of "mineral leasing laws", see section 351 of this

title.

Subchapter VIII (Sec. 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.

-MISC1-

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.

OUTER CONTINENTAL SHELF; LEASES

Grant 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 226, 354, 1272 of this

title.

-End-

-CITE-

30 USC Sec. 353 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-

Sec. 353. Sale of lands unaffected; reservation of mineral rights;

sale subject to prior lease; naval petroleum reserves unaffected

-STATUTE-

Nothing herein contained shall be deemed or construed to (a)

amend, modify, or change any existing law authorizing or requiring

the sale of acquired lands, or (b) empower any commission, bureau,

or agency of the Government to make a reservation of the minerals

in the sale of any acquired land: Provided, That any such sale or

conveyance of lands shall be made by the agency having jurisdiction

thereof, subject to any lease theretofore made, covering the

mineral deposits underlying such lands: Provided further, That

nothing in this chapter is intended, or shall be construed to

affect in any manner any provision of chapter 641 of title 10.

-SOURCE-

(Aug. 7, 1947, ch. 513, Sec. 4, 61 Stat. 914.)

-COD-

CODIFICATION

"Chapter 641 of title 10" substituted in text for "the Act of

June 30, 1938 (32 Stat. 1252), amending the Act of June 4, 1920 (41

Stat. 813)", which had been classified to section 524 of former

Title 34, Navy, on authority of act Aug. 10, 1956, ch. 1041, Sec.

49(b), 70A Stat. 640, the first section of which enacted Title 10,

Armed Forces.

-End-

-CITE-

30 USC Sec. 354 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-

Sec. 354. Lease of partial or future interests in deposits

-STATUTE-

Where the United States does not own all of the mineral deposits

under any lands sought to be leased and which are affected by this

chapter, the Secretary is authorized to lease the interest of the

United States in any such mineral deposits when, in the judgment of

the Secretary, the public interest will be best served thereby;

subject, however, to the provisions of section 352 of this title.

Where the United States does not own any interest or owns less than

a full interest in the minerals that may be produced from any lands

sought to be leased, and which are or will be affected by this

chapter and where, under the provisions of its acquisition, the

United States is to acquire all or any part of such mineral

deposits in the future, the Secretary may lease any interest of the

United States then owned or to be acquired in the future in the

same manner as provided in the preceding sentence.

-SOURCE-

(Aug. 7, 1947, ch. 513, Sec. 5, 61 Stat. 914.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 section 459c.

-End-

-CITE-

30 USC Sec. 355 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-

Sec. 355. Disposition of receipts

-STATUTE-

(a) Subject to the provisions of section 35(b) of the Mineral

Leasing Act (30 U.S.C. 191(b)), all receipts derived from leases

issued under the authority of this chapter shall be paid into the

same funds or accounts in the Treasury and shall be distributed in

the same manner as prescribed for other receipts from the lands

affected by the lease, the intention of this provision being that

this chapter shall not affect the distribution of receipts pursuant

to legislation applicable to such lands: Provided, however, That

receipts from leases or permits for minerals in lands set apart for

Indian use, including lands the jurisdiction of which has been

transferred to the Department of the Interior by the Executive

order for Indian use, shall be deposited in a special fund in the

Treasury until final disposition thereof by the Congress.

Notwithstanding the preceding provisions of this section, all

receipts derived from leases on lands acquired for military or

naval purposes, except the naval petroleum reserves and national

oil shale reserves, shall be paid into the Treasury of the United

States and disposed of in the same manner as provided under section

35 of the Act of February 25, 1920 (41 Stat. 450; 30 U.S.C. 191),

in the case of receipts from sales, bonuses, royalties, and rentals

of the public lands under that Act [30 U.S.C. 181 et seq.].

(b) Notwithstanding any other provision of law, any payment to a

State under this section shall be made by the Secretary of the

Interior and shall be made not later than the last business day of

the month following the month in which such moneys or associated

reports are received by the Secretary of the Interior, whichever is

later. The preceding sentence shall also apply to any payment to a

State derived from a lease for mineral resources issued by the

Secretary of the Interior under section 520 of title 16. The

Secretary shall pay interest to a State on any amount not paid to

the State within that time at the rate prescribed under section

1721 (!1) of this title from the date payment was required to be

made under this subsection until the date payment is made.

-SOURCE-

(Aug. 7, 1947, ch. 513, Sec. 6, 61 Stat. 915; Pub. L. 97-94, Sec.

1, Dec. 17, 1981, 95 Stat. 1205; Pub. L. 102-486, title XXV, Sec.

2506(a), Oct. 24, 1992, 106 Stat. 3106; Pub. L. 103-66, title X,

Sec. 10202(a), Aug. 10, 1993, 107 Stat. 408; Pub. L. 107-76, title

VII, Sec. 751(e)(2), Nov. 28, 2001, 115 Stat. 739.)

-REFTEXT-

REFERENCES IN TEXT

The Mineral Leasing Act, referred to in subsec. (a), is act Feb.

25, 1920, ch. 85, 41 Stat. 437, as amended, which is classified

generally to chapter 3A (Sec. 181 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 181 of this title and Tables.

Section 1721 of this title, referred to in subsec. (b), was in

the original "section 111 of the Federal Oil and Gas Royalty

Management Act of 1982", which enacted section 1721 of this title

and amended section 191 of this title.

-MISC1-

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-76 inserted after first sentence

"The preceding sentence shall also apply to any payment to a State

derived from a lease for mineral resources issued by the Secretary

of the Interior under section 520 of title 16."

1993 - Subsec. (a). Pub. L. 103-66 substituted "Subject to the

provisions of section 35(b) of the Mineral Leasing Act (30 U.S.C.

191(b)), all receipts" for "All receipts" in first sentence.

1992 - Pub. L. 102-486 designated existing provisions as subsec.

(a) and added subsec. (b).

1981 - Pub. L. 97-94 inserted provision that all receipts derived

from leases on lands acquired for military or naval purposes,

except the naval petroleum reserves and national shale oil

reserves, be paid into the Treasury of the United States and

disposed of in the same manner as provided under section 35 of the

Act of February 25, 1920, in the case of receipts from sales,

bonuses, royalties, and rentals of the public lands under that Act.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 2 of Pub. L. 97-94 provided that: "The amendment made by

the first section of this Act [amending this section] shall take

effect with respect to leases entered into after January 1, 1981."

OUTER CONTINENTAL SHELF; REVENUES FROM LEASES

Disposition of revenues from leases on submerged lands of outer

Continental Shelf, see sections 1337(g) and 1338 of Title 43,

Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 360, 1019 of this title;

title 25 section 459d; title 31 section 6903.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

30 USC Sec. 356 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-

Sec. 356. Furnishing description of lands and title documents;

recordation of documents; authenticated copies

-STATUTE-

Upon request by the Secretary, the heads of all executive

departments, independent establishments, or instrumentalities

having jurisdiction over any of the lands referred to in section

351 of this title shall furnish to the Secretary the legal

description of all of such lands, and all pertinent abstracts,

title papers, and other documents in the possession of such

agencies concerning the status of the title of the United States to

the mineral deposits that may be found in such lands.

Abstracts, title papers, and other documents furnished to the

Secretary under this section shall be recorded promptly in the

Bureau of Land Management in such form as the Secretary shall deem

adequate for their preservation and use in the administration of

this chapter, whereupon the originals shall be returned promptly to

the agency from which they were received. Duly authenticated copies

of any such abstracts, title papers, or other documents may,

however, be furnished to the Secretary, in lieu of the originals,

in the discretion of the agency concerned.

-SOURCE-

(Aug. 7, 1947, ch. 513, Sec. 7, 61 Stat. 915.)

-TRANS-

TRANSFER OF FUNCTIONS

See note set out under section 1 of this title.

-End-

-CITE-

30 USC Sec. 357 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-

Sec. 357. State or local government rights; taxation

-STATUTE-

Nothing contained in this chapter shall be construed to affect

the rights of the State or other local authorities to exercise any

right which they may have with respect to properties covered by

leases issued under this chapter, including the right to levy and

collect taxes upon improvements, output of mines, or other rights,

property, or assets of any lessee of the United States.

-SOURCE-

(Aug. 7, 1947, ch. 513, Sec. 8, 61 Stat. 915.)

-End-

-CITE-

30 USC Sec. 358 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-

Sec. 358. Rights under prior leases; priority of pending

applications; exchange of leases

-STATUTE-

Nothing in this chapter shall affect any rights acquired by any

lessee of lands subject to this chapter under the law as it existed

prior to August 7, 1947, and such rights shall be governed by the

law in effect at the time of their acquisition; but any person

qualified to hold a lease who, on August 7, 1947, had pending an

application for an oil and gas lease for any lands subject to this

chapter which on the date the application was filed was not

situated within the known geologic structure of a producing oil or

gas field, shall have a preference right over others to a lease of

such lands without competitive bidding. Any person holding a lease

on lands subject hereto, which lease was issued prior to August 7,

1947, shall be entitled to exchange such lease for a new lease

issued under the provisions of this chapter, at any time prior to

the expiration of such existing lease.

-SOURCE-

(Aug. 7, 1947, ch. 513, Sec. 9, 61 Stat. 915.)

-MISC1-

OUTER CONTINENTAL SHELF; JURISDICTION OF UNITED STATES; VALIDATION

OF PRIOR LEASES

Jurisdiction of United States over outer Continental Shelf, grant

of leases on submerged lands thereof, and validation of prior

leases, see section 1331 et seq. of Title 43, Public Lands.

-End-

-CITE-

30 USC Sec. 359 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-

Sec. 359. Rules and regulations

-STATUTE-

The Secretary of the Interior is authorized to prescribe such

rules and regulations as are necessary and appropriate to carry out

the purposes of this chapter, which rules and regulations shall be

the same as those prescribed under the mineral leasing laws to the

extent that they are applicable.

-SOURCE-

(Aug. 7, 1947, ch. 513, Sec. 10, 61 Stat. 915.)

-REFTEXT-

REFERENCES IN TEXT

For definition of "mineral leasing laws", see section 351 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior to promulgate regulations

under this chapter relating to fostering of competition for Federal

leases, implementation of alternative bidding systems authorized

for award of Federal leases, establishment of diligence

requirements for operations conducted on Federal leases, setting of

rates for production of Federal leases, and specifying of

procedures, terms, and conditions for acquisition and disposition

of Federal royalty interests taken in kind, transferred to

Secretary of Energy by section 7152(b) of Title 42, The Public

Health and Welfare. Section 7152(b) of Title 42 was repealed by

Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,

and functions of Secretary of Energy returned to Secretary of the

Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

-End-

-CITE-

30 USC Sec. 360 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-

Sec. 360. Authority to manage certain mineral leases

-STATUTE-

Each department, agency and instrumentality of the United States

which administers lands acquired by the United States with one or

more existing mineral lease shall transfer to the Secretary of the

Interior the authority to administer such lease and to collect all

receipts due and payable to the United States under the lease. In

the case of lands acquired on or before October 24, 1992, the

authority to administer the leases and collect receipts shall be

transferred to the Secretary of the Interior as expeditiously as

practicable after October 24, 1992. In the case of lands acquired

after October 24, 1992, such authority shall be vested with the

Secretary at the time of acquisition. The provisions of section 355

of this title shall apply to all receipts derived from such leases

where such receipts are due and payable to the United States under

the lease in the same manner as such provisions apply to receipts

derived from leases issued under the authority of this chapter. For

purposes of this section, the term "existing mineral lease" means

any lease in existence at the time land is acquired by the United

States. Nothing in this section shall be construed to affect the

existing surface management authority of any Federal agency.

-SOURCE-

(Aug. 7, 1947, ch. 513, Sec. 11, as added Pub. L. 102-486, title

XXV, Sec. 2506(b), Oct. 24, 1992, 106 Stat. 3106.)

-End-