Page 93 TITLE 30—MINERAL LANDS AND MINING § 352

(Aug. 7, 1947, ch. 513, §2, 61 Stat. 913; Pub. L.

97–78, §1(9)(a), Nov. 16, 1981, 95 Stat. 1072.)

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Lands Act, which was repealed by Pub.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, §1,

Sept. 9, 1959, 73 Stat. 490. The subject matter of this Act

is generally covered by subchapters I to VII (§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 (§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 (§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 (§281 et seq.) of chapter 3A of this title,

amended sections 181 and 193 of this title, and repealed

subchapter VII (§141 et seq.) of chapter 3 of this title.

For complete classification of this Act to the Code, see

Tables.

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.

SECTION REFERRED TO IN OTHER SECTIONS

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

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

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.

(Aug. 7, 1947, ch. 513, §3, 61 Stat. 914; Pub. L.

94–377, §12, Aug. 4, 1976, 90 Stat. 1090; Pub. L.

97–78, §1(9)(b), Nov. 16, 1981, 95 Stat. 1072.)

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, §602(a)(1), 63 Stat.

399, renumbered Sept. 5, 1950, ch. 849, §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, §§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 sections 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
§ 353 TITLE 30—MINERAL LANDS AND MINING Page 94

1See References in Text note below.

Act of 1944 originally repealed by the 1949 act are covered by chapter 10 (§471 et seq.) of Title 40, Public

Buildings, Property, and Works.

For definition of ‘‘mineral leasing laws’’, see section

351 of this title.

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.

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.

SECTION REFERRED TO IN OTHER SECTIONS

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

this title.

§ 353. Sale of lands unaffected; reservation of

mineral rights; sale subject to prior lease;

naval petroleum reserves unaffected

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.

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

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

CROSS REFERENCES

Transfer of unsold mineral interests in certain agricultural lands to Secretary of Interior, see section 1035

of Title 7, Agriculture.

§ 354. Lease of partial or future interests in deposits

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.

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

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 355. Disposition of receipts

(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 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.

(Aug. 7, 1947, ch. 513, §6, 61 Stat. 915; Pub. L.

97–94, §1, Dec. 17, 1981, 95 Stat. 1205; Pub. L.

102–486, title XXV, §2506(a), Oct. 24, 1992, 106

Stat. 3106; Pub. L. 103–66, title X, §10202(a), Aug.

10, 1993, 107 Stat. 408.)