§ 262. — Leases to permittees; survey of lands; royalties and annual rentals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC262]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 3A--LEASES AND PROSPECTING PERMITS
SUBCHAPTER VII--SODIUM
Sec. 262. Leases to permittees; survey of lands; royalties and
annual rentals
Upon showing to the satisfaction of the Secretary of the Interior
that valuable deposits of one of the substances enumerated in section
261 of this title have been discovered by the permittee within the area
covered by his permit and that such land is chiefly valuable therefor,
the permittee shall be entitled to a lease for any or all of the land
embraced in the prospecting permit at a royalty of not less than 2 per
centum of the quantity or gross value of the output of sodium compounds
and other related products at the point of shipment to market; the lands
in such lease to be taken in compact form by legal subdivisions of the
public land surveys or, if the land be not surveyed, by survey executed
at the cost of the permittee in accordance with regulations prescribed
by the Secretary of the Interior. Lands known to contain valuable
deposits of one of the substances enumerated in section 261 of this
title and not covered by permits or leases shall be subject to lease by
the Secretary of the Interior through advertisement, competitive
bidding, or such other methods as he may by general regulations adopt
and in such areas as he shall fix, not exceeding two thousand five
hundred and sixty acres. All leases under this section shall be
conditioned upon the payment by the lessee of such royalty as may be
fixed in the lease, not less than 2 per centum of the quantity or gross
value of the output of sodium compounds and other related products at
the point of shipment to market, and the payment in advance of a rental
of 25 cents per acre for the first calendar year or fraction thereof, 50
cents per acre for the second, third, fourth, and fifth calendar years
respectively; and $1 per acre per annum thereafter during the
continuance of the lease, such rental for any one year to be credited
against royalties accruing for that year. Leases under this section
shall be for a period of twenty years, with preferential right in the
lessee to renew for successive periods of ten years upon such reasonable
terms and conditions as may be prescribed by the Secretary of the
Interior unless otherwise provided by law at the expiration of such
period: Provided, That nothing in this chapter shall prohibit the mining
and sale of sodium compounds under potassium leases issued pursuant to
subchapter VII [Sec. 141 et seq.] of chapter 3 of this title and
subchapter IX of this chapter, nor the mining and sale of potassium
compounds as a byproduct from sodium leases taken under this section:
Provided further, That on application by any lessee the Secretary of the
Interior is authorized to modify the rental and royalty provisions
stipulated in any existing sodium lease to conform to the provisions of
this section.
(Feb. 25, 1920, ch. 85, Sec. 24, 41 Stat. 447; Dec. 11, 1928, ch. 19, 45
Stat. 1019.)
References in Text
Subchapter VII [Sec. 141 et seq.] of chapter 3 of this title,
referred to in text, was repealed by act Feb. 7, 1927, ch. 66, Sec. 6,
44 Stat. 1058.
Subchapter IX of this chapter, referred to in text, was in the
original ``act February 7, 1927 (Forty-fourth Statutes at Large, page
1057)'' meaning act Feb. 7, 1927, ch. 66, 44 Stat. 1057, as amended,
which enacted subchapter IX (Sec. 281 et seq.) of this chapter, amended
sections 181 and 193 of this title, and repealed subchapter VII
(Sec. 141 et seq.) of chapter 3 of this title. For complete
classification of this Act to the Code, see Tables.
Amendments
1928--Act Dec. 11, 1928, amended section generally.
Section Referred to in Other Sections
This section is referred to in title 10 sections 7421, 7435.
