Page 71 TITLE 30—MINERAL LANDS AND MINING § 223

AMENDMENTS

1948—Act June 3, 1948, amended section generally,

omitting provisions relating to amount of lands in

lease, and inserting provisions regarding royalties.

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.

§ 213. Royalties for use of deposits of silica, limestone, or other rock embraced in lease

Any lease to develop and extract phosphates,

phosphate rock, and associated or related minerals under the provisions of sections 211 to 214

of this title shall provide that the lessee may

use so much of any deposit of silica or limestone

or other rock situated on any public lands embraced in the lease as may be utilized in the

processing or refining of the phosphates, phosphate rock, and associated or related minerals

mined from the leased lands or from other lands

upon payments of such royalty as may be determined by the Secretary of the Interior, which

royalty may be stated in the lease or, as to the

leases already issued, may be provided for in an

attachment to the lease to be duly executed by

the lessor and the lessee.

(Feb. 25, 1920, ch. 85, §11, 41 Stat. 440; June 3,

1948, ch. 379, §4, 62 Stat. 291.)

AMENDMENTS

1948—Act June 3, 1948, amended section generally,

omitting provision relating to royalties and annual

rents, and inserting provisions relating to use of deposits of silica, limestone or other rock embraced in the

lease upon the payment of a suitable royalty.

CROSS REFERENCES

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

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 214 of this title;

title 10 sections 7421, 7435.

§ 214. Use of surface of other public lands; acreage; forest lands exception

The holder of any lease or permit issued under

the provisions of sections 211 to 214 of this title

shall have the right to use so much of the surface of unappropriated and unentered public

lands not a part of his lease or permit, not exceeding eighty acres in area, as may be determined by the Secretary to be necessary or convenient for the extraction, treatment, and removal of the mineral deposits, but this provision

shall not be applicable to national forest lands.

(Feb. 25, 1920, ch. 85, §12, 41 Stat. 441; June 3,

1948, ch. 379, §5, 62 Stat. 291; Pub. L. 86–391, §1(b),

Mar. 18, 1960, 74 Stat. 8.)

AMENDMENTS

1960—Pub. L. 86–391 substituted ‘‘lease or permit’’ for

‘‘lease’’ in two places.

1948—Act June 3, 1948, increased lands to be used from

40 to 80 acres, excepted national forest lands from its

provisions, and substituted ‘‘The holder of any lease issued under the provisions of sections 211 to 214 of this

title’’, ‘‘public lands not a part of his lease’’, and ‘‘or

convenient for the extraction’’ for ‘‘Any qualified applicant to whom the Secretary of the Interior may

grant a lease to develop and extract phosphates, or

phosphate rock, under the provisions of this chapter’’,

‘‘lands’’, and ‘‘for the proper prospecting for or development, extraction’’, respectively.

CROSS REFERENCES

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

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 213 of this title;

title 10 sections 7421, 7435.

SUBCHAPTER IV—OIL AND GAS

§§ 221 to 222i. Omitted

CODIFICATION

Sections expired by their own terms. They provided

as follows:

Section 221, acts Feb. 25, 1920, ch. 85, §13, 41 Stat. 441;

Aug. 21, 1935, ch. 599, §1, 49 Stat. 674, provided for prospecting permits, their terms and conditions, extension,

location of lands, marking land, notice of application

for permits, permits in Alaska, exchanging permits for

leases, and limited extensions to Dec. 31, 1938.

Section 222, act Jan. 11, 1922, ch. 28, 42 Stat. 356, authorized Secretary of the Interior to extend time for

drilling not to exceed three years.

Section 222a, act Apr. 5, 1926, ch. 107, §1, 44 Stat. 236,

authorized a further extension of two years for drilling.

Section 222b, act Apr. 5, 1926, ch. 107, §2, 44 Stat. 236,

provided for extension of expired permits for a period of

two years from Apr. 5, 1926.

Section 222c, act Mar. 9, 1928, ch. 168, §1, 45 Stat. 252,

authorized a two year extension for permits.

Section 222d, act Mar. 9, 1928, ch. 168, §2, 45 Stat. 252,

authorized a two year extension of permits already expired.

Section 222e, act Jan. 23, 1930, ch. 25, §1, 46 Stat. 58,

provided that permits issued or extended for three

years might be further for three years.

Section 222f, act Jan. 23, 1930, ch. 25, §2, 46 Stat. 59,

provided for an extension of permits already expired for

a period of three years from Jan. 23, 1930.

Section 222g, act June 30, 1932, ch. 319, §1, 47 Stat. 445,

provided for a further extension of three years.

Section 222h, act June 30, 1932, ch. 319, §2, 47 Stat. 446,

authorized an extension, for permits already expired, of

three years from June 30, 1932.

Section 222i, acts Aug. 26, 1937, ch. 828, 50 Stat. 842;

Aug. 11, 1939, ch. 716, 53 Stat. 1418, provided for final extension of prospecting permits, outstanding on Dec. 31,

1937, to Dec. 31, 1939.

COMPROMISE OF CLAIMS FOR ACCRUED RENTAL

Act July 29, 1942, ch. 534, §2, 56 Stat. 726, authorized

Secretary of the Interior to make a compromise settlement of any claim for accrued rental under a lease issued pursuant to the provisions of section 221 of this

title, in any case in which he determined that it would

be financially beneficial to the United States to make

such a compromise settlement or in any case in which

he determined that collection of the full amount of

such accrued rental from the lessee was inadvisable because of the lessee’s financial resources being limited.

§ 223. Leases; amount and survey of land; term of

lease; royalties and annual rental

Upon establishing to the satisfaction of the

Secretary of the Interior that valuable deposits

of oil or gas have been discovered within the

limits of the land embraced in any permit, the

permittee shall be entitled to a lease for onefourth of the land embraced in the prospecting

permit: Provided, That the permittee shall be