§§ 230 to 233 TITLE 30—MINERAL LANDS AND MINING Page 82

1See References in Text note below.

1See References in Text note below.

chapter shall be subject to the condition that in

case the permittee or lessee strikes water while

drilling instead of oil or gas, the Secretary of

the Interior may, when such water is of such

quality and quantity as to be valuable and usable at a reasonable cost for agricultural, domestic, or other purposes, purchase the casing in the

well at the reasonable value thereof to be fixed

under rules and regulations to be prescribed by

the Secretary.

(b) Prior leases

In cases where water wells producing such

water have heretofore been or may hereafter be

drilled upon lands embraced in any prospecting

permit or lease heretofore issued under this

chapter, the Secretary may in like manner purchase the casing in such wells.

(c) Disposition

The Secretary may make such purchase and

may lease or operate such wells for the purpose

of producing water and of using the same on the

public lands or of disposing of such water for

beneficial use on other lands, and where such

wells have heretofore been plugged or abandoned

or where such wells have been drilled prior to

the issuance of any permit or lease by persons

not in privity with the permittee or lessee, the

Secretary may develop the same for the purposes of this section: Provided, That owners or

occupants of lands adjacent to those upon which

such water wells may be developed shall have a

preference right to make beneficial use of such

water.

(d) Revolving fund

The Secretary may use so much of any funds

available for the plugging of wells as he may

find necessary to start the program provided for

by this section, and thereafter he may use the

proceeds from the sale or other disposition of

such water as a revolving fund for the continuation of such program, and such proceeds are

hereby appropriated for such purpose.

(e) Operations under lease not restricted

Nothing in this section shall be construed to

restrict operations under any oil or gas lease or

permit under any other provisions of this chapter.

(Feb. 25, 1920, ch. 85, §40, as added June 16, 1934,

ch. 557, 48 Stat. 977; amended Pub. L. 94–579, title

VII, §704(a), Oct. 21, 1976, 90 Stat. 2792.)

AMENDMENTS

1976—Subsec. (a). Pub. L. 94–579 struck out proviso relating to reservation of land as a water hole under section 300 of title 43.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 704(a) of Pub. L. 94–579 provided that the

amendment made by that section is effective on and

after Oct. 21, 1976.

SAVINGS PROVISION

Amendment by Pub. L. 94–579 not to be construed as

terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set

out as a note under section 1701 of Title 43, Public

Lands.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 7421,

7435.

§§ 230 to 233. Repealed. June 22, 1948, ch. 605, § 3,

62 Stat. 576

Section 230, act Mar. 4, 1923, ch. 249, §1, 42 Stat. 1448,

authorized permits and leases for certain United States

citizens and corporations in Oklahoma.

Section 231, act Mar. 4, 1923, ch. 249, §2, 42 Stat. 1448,

required applications for permits and leases to be made

not later than sixty days after Mar. 4, 1923.

Section 232, act Mar. 4, 1923, ch. 249, §3, 42 Stat. 1448,

limited amount of land any one person or corporation

could be granted.

Section 233, act Mar. 4, 1923, ch. 249, §4, 42 Stat. 1448,

provided for payment of royalties to United States.

SAVINGS PROVISION

Section 3 of act June 22, 1948, provided that the repeal

of these sections is subject to existing valid rights.

§ 233a. Permits or leases of certain lands in Oklahoma; retention of royalties

The Secretary of the Interior is directed to retain in his custody until otherwise directed by

law the 121

⁄2 per centum and other royalties

heretofore or hereafter received by him in pursuance of section 233 1 of this title.

(Mar. 4, 1925, ch. 550, §2, 43 Stat. 1302.)

REFERENCES IN TEXT

Section 233 of this title, referred to in text, was repealed by act June 22, 1948, ch. 605, §3, 62 Stat. 576.

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920,

ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,

which comprises this chapter.

§§ 234 to 236. Repealed. June 22, 1948, ch. 605, § 3,

62 Stat. 576

Section 234, act Mar. 4, 1923, ch. 249, §5, 42 Stat. 1449,

provided for application of other laws to leases and permits granted under sections 230 to 233 and 234 to 236 of

this title, and for disposition of lands and deposits remaining unappropriated and undisposed of.

Section 235, act Mar. 4, 1923, ch. 249, §6, 42 Stat. 1449,

prohibited interference with certain lands in possession

of receivers appointed by the Supreme Court.

Section 236, act Mar. 4, 1923, ch. 249, §7, 42 Stat. 1450,

authorized promulgation of rules and regulations necessary to accomplish purposes of sections 230 to 233 and

234 to 236 of this title.

SAVINGS PROVISION

Section 3 of act June 22, 1948, provided that the repeal

of these sections is subject to existing valid rights.

§ 236a. Lands in naval petroleum reserves and

naval oil-shale reserves; effect of other laws

Nothing in sections 185, 221,1 223, 223a,1 and 226

of this title and this section shall be construed

as affecting any lands within the borders of the

naval petroleum reserves and naval oil-shale reserves or agreements concerning operations

thereunder or in relation to the same, but the

Secretary of the Navy is hereby authorized, with

the consent of the President, to enter into

agreements such as those provided for under sections 184 and 226 of this title, which agreement

shall not, unless expressed therein, operate to

extend the terms of any lease affected thereby.

(Aug. 21, 1935, ch. 599, §3, 49 Stat. 679.)