§ 212. — Surveys; royalties; time payable; annual rentals; term of leases; readjustment on renewals; minimum production; suspension of operation.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 30USC212]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 3A--LEASES AND PROSPECTING PERMITS
SUBCHAPTER III--PHOSPHATES
Sec. 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, Sec. 10, 41 Stat. 440; June 3, 1948, ch. 379,
Sec. 3, 62 Stat. 290.)
Amendments
1948--Act June 3, 1948, amended section generally, omitting
provisions relating to amount of lands in lease, and inserting
provisions regarding royalties.
Section Referred to in Other Sections
This section is referred to in sections 213, 214 of this title;
title 10 sections 7421, 7435.
