§ 352. Deposits subject to lease; consent of department heads; lands excluded
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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),1 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, § 3, 61 Stat. 914; Pub. L. 94–377, § 12, Aug. 4, 1976, 90 Stat. 1090; Pub. L. 97–78, § 1(9)(b), Nov. 16, 1981, 95 Stat. 1072.)
Connections49 cite this · traces to 2
Cited by 49 sections · top 42
public-private-law
U.S. Code
statute-compilations
- Sec. 17LEASING OF OIL AND GAS PARCELS
- Sec. 3Except 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 the Act of April 17, 1926 (44 Stat. 301), as heretofore or hereafter amended, shall apply to deposits of sulfur covered by this Act 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 Act 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.
- Sec. 320PRODUCTION AND USE OF NATURAL GAS AT FORT KNOX, KENTUCKY
register
- Proposed RulesFinal rule
- Proposed RulesNotice of proposed rulemaking (NPRM)
- NoticesNotice of Intent to Enter into an Enhanced-Use Lease
- NoticesProposed rule
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- Proposed RulesJoint proposed rule
- Proposed RulesProposed rule
- NoticesInterim rule; request for comments
- NoticesFinal rule
- Proposed RulesAdvance notice of proposed rulemaking
statutes-at-large
- Public Law 98–529To remove an impediment to oil and gas leasing of certain Federal lands in Corpus Christi, Texas, and Port Hueneme, California, and for other purposes
- Public Law 94–377To amend the Mineral Leasing Act of 1920, and for other purposes
- Public Law 97–78To facilitate and encourage the production of oil from tar sand and other hydrocarbon deposits
- Public Law 102–486To provide for improved energy efficiency
- Public Law 115–232To authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
bill
- Sec. 2805Production and use of natural gas at Fort Knox, Kentucky
- Sec. 312Production and use of natural gas at Fort Knox
- Sec. 312Production and use of natural gas at Fort Knox
- Sec. 1Production and use of natural gas at Fort Knox
- Sec. 2Natural gas production, treatment, management, and use, Fort Knox, Kentucky
- Sec. 312Production and use of natural gas at Fort Knox
- Sec. 316Production and use of natural gas at Fort Knox
- Sec. 320Production and use of natural gas at Fort Knox, Kentucky
- Sec. 316Production and use of natural gas at Fort Knox
- Sec. 1Production and use of natural gas at Fort Knox
- Sec. 2Amendments to Mineral Leasing Act
- Sec. 1Application of Mineral Leasing Act for Acquired Lands to hardrock minerals
- Sec. 2Application of Mineral Leasing Act for Acquired Lands to hardrock minerals
- Sec. 1Application of Mineral Leasing Act for Acquired Lands to hardrock minerals
- Sec. 1Application of Mineral Leasing Act for Acquired Lands to hardrock minerals
- Sec. 2Amendments to Mineral Leasing Act
- Sec. 1Leasing of certain deposits of minerals located within City of Carlsbad, New Mexico
- Sec. 2Application of Mineral Leasing Act for Acquired Lands to hardrock minerals
Traces to 2 documents
27 references not yet in our index
- 1
- Aug. 7, 1947, ch. 513, § 3
- 61 Stat. 914
- Pub. L. 94–377, § 12
- 90 Stat. 1090
- Pub. L. 97–78, § 1(9)(b)
- 95 Stat. 1072
- act Oct. 3, 1944, ch. 479
- 58 Stat. 765
- act June 30, 1949, ch. 288, title VI, § 602(a)(1)
- 63 Stat. 399
- Sept. 5, 1950, ch. 849, § 6(a)
- 64 Stat. 583
- Pub. L. 103–272
- 108 Stat. 1278–1280
- act June 7, 1939, ch. 190, § 6(e)
- act July 23, 1946, ch. 590
- 60 Stat. 599
- act June 25, 1948, ch. 645, § 21
- 62 Stat. 862
- Pub. L. 87–256, § 111(a)(1)
- 75 Stat. 538
- Pub. L. 107–217
- 116 Stat. 1062
- 44 Stat. 301
- Pub. L. 97–78
- Pub. L. 94–377
Citation graph
cites case law
§ 352
Deposits subject to lease; consent of department heads; lands excluded
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Fed. Reg.×14
Stat.×6
Stat. Comp.×4
U.S.C.×3
Pub. L.×2
C.F.R.×1
Cite1
ActAug. 7, 1947, ch. 513, § 3
Stat.61 Stat. 914
Pub. L.Pub. L. 94–377, § 12
Stat.90 Stat. 1090
Cites 29 · showing 7Cited by 49 across 7 sources