§ 211 TITLE 30—MINERAL LANDS AND MINING Page 70

proviso that, in order to promote development and the

maximum production of tar sand, at the request of the

lessee, the Secretary review, prior to commencement of

commercial operations, the royalty rates established in

each combined hydrocarbon lease issued in special tar

sand areas, and that, for purposes of this section, ‘‘tar

sand’’ means any consolidated or unconsolidated rock

(other than coal, oil shale, or gilsonite) that either contains a hydrocarbonaceous material with a gas-free viscosity, at original reservoir temperature, greater than

10,000 centipoise, or contains a hydrocarbonaceous material and is produced by mining or quarrying.

1976—Pub. L. 94–377 inserted sentence at end that

nothing in this section shall be construed as granting

to the Secretary authority to waive, suspend, or reduce

advance royalties.

1948—Act June 3, 1948, extended applicability of section to oil shale, phosphate, sodium, potassium, and

sulphur.

1946—Act Aug. 8, 1946, principally inserted first and

third sentences relating to waiver, suspension or reduction of royalties or rentals, and applicability of section

to cooperative or unit plans, respectively.

SAVINGS PROVISION

See note set out under section 181 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 188, 1272 of this

title; title 10 sections 7421, 7435.

SUBCHAPTER III—PHOSPHATES

§ 211. Phosphate deposits

(a) Authorization to lease land; terms and conditions; acreage

The Secretary of the Interior is authorized to

lease to any applicant qualified under this chapter, through advertisement, competitive bidding, or such other methods as he may by general regulations adopt, any phosphate deposits

of the United States, and lands containing such

deposits, including associated and related minerals, when in his judgment the public interest

will be best served thereby. The lands shall be

leased under such terms and conditions as are

herein specified, in units reasonably compact in

form of not to exceed two thousand five hundred

and sixty acres.

(b) Prospecting permits; issuance; term; acreage;

entitlement to lease

Where prospecting or exploratory work is necessary to determine the existence or workability

of phosphate deposits in any unclaimed, undeveloped area, the Secretary of the Interior is authorized to issue, to any applicant qualified

under this chapter, a prospecting permit which

shall give the exclusive right to prospect for

phosphate deposits, including associated minerals, for a period of two years, for not more

than two thousand five hundred and sixty acres;

and if prior to the expiration of the permit the

permittee shows to the Secretary that valuable

deposits of phosphate have been discovered within the area covered by his permit, the permittee

shall be entitled to a lease for any or all of the

land embraced in the prospecting permit.

(c) Extension of term of permit

Any phosphate permit issued under this section may be extended by the Secretary for such

an additional period, not in excess of four years,

as he deems advisable, if he finds that the permittee has been unable, with reasonable diligence, to determine the existence or workability

of phosphate deposits in the area covered by the

permit and desires to prosecute further prospecting or exploration, or for other reasons warranting such an extension in the opinion of the

Secretary.

(Feb. 25, 1920, ch. 85, §9, 41 Stat. 440; June 3, 1948,

ch. 379, §2, 62 Stat. 290; Pub. L. 86–391, §1(a), Mar.

18, 1960, 74 Stat. 7.)

AMENDMENTS

1960—Pub. L. 86–391 designated existing provisions as

subsec. (a) and added subsecs. (b) and (c).

1948—Act June 3, 1948, included provision limiting

amount of land in lease.

CROSS REFERENCES

Surrender of leases, see section 188a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 213, 214 of this

title; title 10 sections 7421, 7435.

§ 212. Surveys; royalties; time payable; annual

rentals; term of leases; readjustment on renewals; minimum production; suspension of

operation

Each lease shall describe the leased lands by

the legal subdivisions of the public-land surveys.

All leases shall be conditioned upon the payment to the United States of such royalties as

may be specified in the lease, which shall be

fixed by the Secretary of the Interior in advance

of offering the same, at not less than 5 per centum of the gross value of the output of phosphates or phosphate rock and associated or related minerals. Royalties shall be due and payable as specified in the lease either monthly or

quarterly on the last day of the month next following the month or quarter in which the minerals are sold or removed from the leased land.

Each lease shall provide for the payment of a

rental payable at the date of the lease and annually thereafter which shall be not less than 25

cents per acre for the first year, 50 cents per

acre for the second and third years, respectively,

and $1 per acre for each year thereafter, during

the continuance of the lease. The rental paid for

any year shall be credited against the royalties

for that year. Leases shall be for a term of twenty years and so long thereafter as the lessee

complies with the terms and conditions of the

lease and upon the further condition that at the

end of each twenty-year period succeeding the

date of the lease such reasonable readjustment

of the terms and conditions thereof may be

made therein as may be prescribed by the Secretary of the Interior unless otherwise provided

by law at the expiration of such periods. Leases

shall be conditioned upon a minimum annual

production or the payment of a minimum royalty in lieu thereof, except when production is

interrupted by strikes, the elements, or casualties not attributable to the lessee. The Secretary of the Interior may permit suspension of

operations under any such leases when marketing conditions are such that the leases cannot be

operated except at a loss.

(Feb. 25, 1920, ch. 85, §10, 41 Stat. 440; June 3,

1948, ch. 379, §3, 62 Stat. 290.)