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§ 352. —  Deposits subject to lease; consent of department heads; 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: 30USC352]

 
                   TITLE 30--MINERAL LANDS AND MINING
 
       CHAPTER 7--LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS
 
Sec. 352. Deposits subject to lease; consent of department 
        heads; lands excluded
        
    Except where lands have been acquired by the United States for the 
development of the mineral deposits, by foreclosure or otherwise for 
resale, or reported as surplus pursuant to the provisions of the Surplus 
Property Act of October 3, 1944 (50 U.S.C., sec. 1611 and the 
following), all deposits of coal, phosphate, oil, oil shale, gilsonite 
(including all vein-type solid hydrocarbons), gas, sodium, potassium, 
and sulfur which are owned or may hereafter be acquired by the United 
States and which are within the lands acquired by the United States 
(exclusive of such deposits in such acquired lands as are (a) situated 
within incorporated cities, towns and villages, national parks or 
monuments, or (b) tidelands or submerged lands) may be leased by the 
Secretary under the same conditions as contained in the leasing 
provisions of the mineral leasing laws, subject to the provisions 
hereof. Coal or lignite under acquired lands set apart for military or 
naval purposes may be leased by the Secretary, with the concurrence of 
the Secretary of Defense, to a governmental entity (including any 
corporation primarily acting as an agency or instrumentality of a State) 
which produces electrical energy for sale to the public if such 
governmental entity is located in the State in which such lands are 
located. The provisions of subchapter VIII of chapter 3A of this title 
shall apply to deposits of sulfur covered by this chapter wherever 
situated. No mineral deposit covered by this section shall be leased 
except with the consent of the head of the executive department, 
independent establishment, or instrumentality having jurisdiction over 
the lands containing such deposit, or holding a mortgage or deed of 
trust secured by such lands which is unsatisfied of record, and subject 
to such conditions as that official may prescribe to insure the adequate 
utilization of the lands for the primary purposes for which they have 
been acquired or are being administered: Provided, That nothing in this 
chapter is intended, or shall be construed, to apply to or in any manner 
affect any mineral rights, exploration permits, leases or conveyances 
nor minerals that are or may be in any tidelands; or submerged lands; or 
in lands underlying the three mile zone or belt involved in the case of 
the United States of America against the State of California now pending 
on application for rehearing in the Supreme Court of the United States; 
or in lands underlying such three mile zone or belt, or the continental 
shelf, adjacent or littoral to any part of the land within the 
jurisdiction of the United States of America.

(Aug. 7, 1947, ch. 513, Sec. 3, 61 Stat. 914; Pub. L. 94-377, Sec. 12, 
Aug. 4, 1976, 90 Stat. 1090; Pub. L. 97-78, Sec. 1(9)(b), Nov. 16, 1981, 
95 Stat. 1072.)

                       References in Text

    The Surplus Property Act of October 3, 1944, referred to in text, is 
act Oct. 3, 1944, ch. 479, 58 Stat. 765, which was classified 
principally to sections 1611 to 1646 of Title 50, Appendix, War and 
National Defense, and was repealed, effective July 1, 1949, with the 
exception of sections 1622, 1631, 1637, and 1641 of Title 50, Appendix, 
by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1), 63 Stat. 399, 
renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. 
Sections 1622 and 1641 were partially repealed by the 1949 act, and 
section 1622 is still set out in part in Title 50, Appendix. Section 
1622(g) was repealed and reenacted as sections 47151 to 47153 of Title 
49, Transportation, by Pub. L. 103-272, Secs. 1(e), 7(b), July 5, 1994, 
108 Stat. 1278-1280, 1379. Section 1631 was repealed by act June 7, 
1939, ch. 190, Sec. 6(e), as added by act July 23, 1946, ch. 590, 60 
Stat. 599, and is covered by sections 98 et seq. of Title 50. Section 
1637 was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, 
eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes 
and Criminal Procedure. Provisions of section 1641 not repealed by the 
1949 act were repealed by Pub. L. 87-256, Sec. 111(a)(1), Sept. 21, 
1961, 75 Stat. 538, and are covered by chapter 33 (Sec. 2451 et seq.) of 
Title 22, Foreign Relations and Intercourse. The provisions of the 
Surplus Property Act of 1944 originally repealed by the 1949 act were 
covered by provisions of the 1949 act which were classified to chapter 
10 (Sec. 471 et seq.) of former Title 40, Public Buildings, Property, 
and Works, and which were repealed and reenacted by Pub. L. 107-217, 
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 
of Title 40, Public Buildings, Property, and Works.
    For definition of ``mineral leasing laws'', see section 351 of this 
title.
    Subchapter VIII (Sec. 271 et seq.) of chapter 3A of this title, 
referred to in text, was in the original a reference to the provisions 
of the Act of April 17, 1926 (44 Stat. 301), as heretofore or hereafter 
amended.
    The application for rehearing in the case of the United States of 
America against the State of California, referred to in text, was denied 
on Oct. 13, 1947, by the Supreme Court of the United States. See 68 S. 
Ct. 37, 332 U.S. 787, 92 L. Ed. 370.


                               Amendments

    1981--Pub. L. 97-78 inserted reference to gilsonite (including all 
vein-type solid hydrocarbons).
    1976--Pub. L. 94-377 substituted ``or (b)'' for ``(b) set apart for 
military or naval purposes, or (c)'' and inserted provision allowing the 
Secretary, with the concurrence of the Secretary of Defense, to lease 
coal or lignite under lands set aside for military purposes to a 
governmental entity which produces electrical energy for sale to the 
public if such governmental entity is located in the State in which such 
lands are located.


                     Outer Continental Shelf; Leases

    Grant by Secretary of the Interior of oil, gas, and other mineral 
leases on submerged lands of outer Continental Shelf, see section 1331 
et seq. of Title 43, Public Lands.

                  Section Referred to in Other Sections

    This section is referred to in sections 226, 354, 1272 of this 
title.



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