§ 601. — Rules and regulations governing disposal of materials; payment; removal without charge; lands excluded.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC601]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 15--SURFACE RESOURCES
SUBCHAPTER I--DISPOSAL OF MATERIALS ON PUBLIC LANDS
Sec. 601. Rules and regulations governing disposal of materials;
payment; removal without charge; lands excluded
The Secretary, under such rules and regulations as he may prescribe,
may dispose of mineral materials (including but not limited to common
varieties of the following: sand, stone, gravel, pumice, pumicite,
cinders, and clay) and vegetative materials (including but not limited
to yucca, manzanita, mesquite, cactus, and timber or other forest
products) on public lands of the United States, including, for the
purposes of this subchapter, land described in subchapter V of chapter
28 of title 43, if the disposal of such mineral or vegetative materials
(1) is not otherwise expressly authorized by law, including, but not
limited to, subchapter I of chapter 8A of title 43, and the United
States mining laws, and (2) is not expressly prohibited by laws of the
United States, and (3) would not be detrimental to the public interest.
Such materials may be disposed of only in accordance with the provisions
of this subchapter and upon the payment of adequate compensation
therefor, to be determined by the Secretary: Provided, however, That, to
the extent not otherwise authorized by law, the Secretary is authorized
in his discretion to permit any Federal, State, or Territorial agency,
unit or subdivision, including municipalities, or any association or
corporation not organized for profit, to take and remove, without
charge, materials and resources subject to this subchapter, for use
other than for commercial or industrial purposes or resale. Where the
lands have been withdrawn in aid of a function of a Federal department
or agency other than the department headed by the Secretary or of a
State, Territory, county, municipality, water district or other local
governmental subdivision or agency, the Secretary may make disposals
under this subchapter only with the consent of such other Federal
department or agency or of such State, Territory, or local governmental
unit. Nothing in this subchapter shall be construed to apply to lands in
any national park, or national monument or to any Indian lands, or lands
set aside or held for the use or benefit of Indians, including lands
over which jurisdiction has been transferred to the Department of the
Interior by Executive order for the use of Indians. As used in this
subchapter, the word ``Secretary'' means the Secretary of the Interior
except that it means the Secretary of Agriculture where the lands
involved are administered by him for national forest purposes or for the
purposes of title III of the Bankhead-Jones Farm Tenant Act [7 U.S.C.
1010 et seq.] or where withdrawn for the purpose of any other function
of the Department of Agriculture.
(July 31, 1947, ch. 406, Sec. 1, 61 Stat. 681; July 23, 1955, ch. 375,
Sec. 1, 69 Stat. 367.)
References in Text
Subchapter V (Sec. 1181a et seq.) of chapter 28 of title 43,
referred to in text, was in the original a reference to the Acts of Aug.
28, 1937 (50 Stat. 874), and June 24, 1954 (68 Stat. 270), as amended.
For complete classification of these Acts to the Code, see Tables.
Subchapter I (Sec. 315 et seq.) of chapter 8A of title 43, referred
to in text, was in the original a reference to the Act of June 28, 1934
(48 Stat. 1269), as amended, known as the Taylor Grazing Act. For
complete classification of this Act to the Code, see Short Title note
set out under section 315 of Title 43 and Tables.
The United States mining laws, referred to in text, are classified
generally to this title.
The Bankhead-Jones Farm Tenant Act, referred to in text, is act July
22, 1937, ch. 517, 50 Stat. 522, as amended. Title III of such Act is
classified generally to subchapter III (Sec. 1010 et seq.) of chapter 33
of Title 7, Agriculture. For complete classification of this Act to the
Code, see section 1000 of Title 7 and Tables.
Amendments
1955--Act July 23, 1955, required disposal under this subchapter of
common varieties of sand, stone, gravel, pumice, pumicite, and cinders,
and gave the Secretary of Agriculture the same authority as to lands
under his jurisdiction as the Secretary of Interior possesses as to
lands under his jurisdiction in the disposal of mining and vegetative
materials.
Short Title
Act July 31, 1947, ch. 406, 61 Stat. 681, as amended, which is
classified to this subchapter, is popularly known as the ``Materials Act
of 1947''.
Transfer of Functions
Enforcement functions of Secretary or other official in Department
of the Interior related to compliance with materials sales contracts
under this subchapter and removal permits issued under this subchapter
and enforcement functions of Secretary or other official in Department
of Agriculture insofar as they involve lands and programs under
jurisdiction of that Department related to compliance with removal of
materials under this subchapter with respect to pre-construction,
construction, and initial operation of transportation system for
Canadian and Alaskan natural gas transferred to Federal Inspector,
Office of Federal Inspector for Alaska Natural Gas Transportation
System, until first anniversary of date of initial operation of Alaska
Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,
Secs. 102(e), (f), 203(a), eff. July 1, 1979, 44 F.R. 33663, 33666, 93
Stat. 1373, 1376, set out in the Appendix to Title 5, Government
Organization and Employees. Office of Federal Inspector for the Alaska
Natural Gas Transportation System abolished and functions and authority
vested in Inspector transferred to Secretary of Energy by section
3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal
Inspector note under section 719e of Title 15, Commerce and Trade.
Section Referred to in Other Sections
This section is referred to in sections 611, 612, 615 of this title.
