Mineral Leasing Act for Acquired Lands

TITLE 30—MINERAL LANDS AND MINING

§ 305

(May 21, 1930, ch. 307, § 4, 46 Stat. 374.)

of not to exceed $87,600,000 to carry out the provisions
of this chapter.

§ 305. Royalties under lease
The royalty to be paid to the United States
under any lease to be issued, or agreement made
pursuant to this chapter, shall be determined by
the Secretary of the Interior, in no case to be
less than 121⁄2 per centum in amount or value of
the production, nor for more than twenty years:
Provided, That when the oil or gas is produced
from land adjacent to the right of way the
amount or value of the royalty to be paid to the
United States shall be within the discretion of
the Secretary of the Interior: Provided further,
That when the daily average production of any
oil well does not exceed ten barrels per day said
Secretary may, in his discretion, reduce the royalty on subsequent production.
(May 21, 1930, ch. 307, § 5, 46 Stat. 374.)
§ 306. Rules and regulations
The Secretary of the Interior is authorized and
directed to adopt rules and regulations governing the exercise of the discretion and authority
conferred by this chapter, which rules and regulations shall constitute a part of any application
or lease hereunder.
(May 21, 1930, ch. 307, § 6, 46 Stat. 374.)
CHAPTER 6—SYNTHETIC LIQUID FUEL
DEMONSTRATION PLANTS
§§ 321 to 325. Omitted
CODIFICATION
Section 321, acts Apr. 5, 1944, ch. 172, § 1, 58 Stat. 190;
Mar. 15, 1948, ch. 117, 62 Stat. 79; Sept. 22, 1950, ch. 988,
§ 1, 64 Stat. 905, authorized the Secretary of the Interior
for not more than eleven years to construct, maintain,
and operate plants producing synthetic liquid fuel from
coal, oil shale, agricultural and forestry products and
prescribed the size of the plants and amount of production.
Section 322, act Apr. 5, 1944, ch. 172, § 2, 58 Stat. 190,
in order to carry out the 11 year demonstration plant
program, authorized laboratory research and development, acquisition by purchase of license of secret processes, inventions, etc., acquisition of land, plants, etc.,
contracting for personnel, and cooperation with other
Federal and State agencies. See note for section 321
above.
Section 323, acts Apr. 5, 1944, ch. 172, § 3, 58 Stat. 191;
Oct. 31, 1951, ch. 654, § 4(2), 65 Stat. 709, related to licenses and patent rights under the 11 year demonstration plant program. See note for section 321 above.
Section 324, act Apr. 5, 1944, ch. 172, § 4, 58 Stat. 191,
provided that moneys received under this chapter for
products and royalties from the 11 year demonstration
plant program be paid into the Treasury as miscellaneous receipts and a report to Congress on all operations
under this chapter be rendered by the Secretary on or
before the first day of January of each year. See note
for section 321 above.
Section 325, act Apr. 5, 1944, ch. 172, § 5, 58 Stat. 191,
authorized the Secretary to issue rules and regulations
to carry out the 11 year demonstration plant program
under this chapter and provided that the authority and
duties of the Secretary be exercised through the Bureau of Mines. See note for section 321 above.
AUTHORIZATION OF APPROPRIATIONS
Act Apr. 5, 1944, ch. 172, § 6, 58 Stat. 191, as amended
by acts Mar. 15, 1948, ch. 117, § 1, 62 Stat. 79; Sept. 22,
1950, ch. 988, § 1, 64 Stat. 905, authorized appropriations

Page 90

MORGANTOWN, W. VA., EXPERIMENT STATION
Act Sept. 22, 1950, ch. 988, § 2, 64 Stat. 905, provided
that out of the $87,600,000 authorized to carry out this
chapter, not to exceed $2,600,000 be used for the construction and equipment of an experiment station in or
near Morgantown, West Virginia, for research in mining, preparation, and utilization of coal, petroleum,
natural gas, peat, and other minerals.

CHAPTER 7—LEASE OF MINERAL DEPOSITS
WITHIN ACQUIRED LANDS
Sec.

351.
352.
353.
354.
355.
356.
357.
358.
359.
360.

Definitions.
Deposits subject to lease; consent of department heads; lands excluded.
Sale of lands unaffected; reservation of mineral rights; sale subject to prior lease; naval
petroleum reserves unaffected.
Lease of partial or future interests in deposits.
Disposition of receipts.
Furnishing description of lands and title documents; recordation of documents; authenticated copies.
State or local government rights; taxation.
Rights under prior leases; priority of pending
applications; exchange of leases.
Rules and regulations.
Authority to manage certain mineral leases.

§ 351. Definitions
As used in this chapter ‘‘United States’’ includes Alaska. ‘‘Acquired lands’’ or ‘‘lands acquired by the United States’’ include all lands
heretofore or hereafter acquired by the United
States to which the ‘‘mineral leasing laws’’ have
not been extended, including such lands acquired under the provisions of the Act of March
1, 1911 (36 Stat. 961, 16 U.S.C., sec. 552). ‘‘Secretary’’ means the Secretary of the Interior,
‘‘Mineral leasing laws’’ shall mean the Act of
October 20, 1914 (38 Stat. 741, 48 U.S.C., sec. 432);
the Act of February 25, 1920 (41 Stat. 437, 30
U.S.C., sec. 181); the Act of April 17, 1926 (44
Stat. 301, 30 U.S.C., sec. 271); the Act of February
7, 1927 (44 Stat. 1057, 30 U.S.C., sec. 281), and all
Acts heretofore or hereafter enacted which are
amendatory of or supplementary to any of the
foregoing Acts. ‘‘Lease’’ includes ‘‘prospecting
permit’’ unless the context otherwise requires.
The term ‘‘oil’’ shall embrace all nongaseous hydrocarbon substances other than those leasable
as coal, oil shale, or gilsonite (including all
vein-type solid hydrocarbons).
(Aug. 7, 1947, ch. 513, § 2, 61 Stat. 913; Pub. L.
97–78, § 1(9)(a), Nov. 16, 1981, 95 Stat. 1072.)
REFERENCES IN TEXT
Act of March 1, 1911, referred to in text, is act Mar.
1, 1911, ch. 186, 36 Stat. 961, as amended, known as the
Weeks Law, which is classified to sections 480, 500, 513
to 519, 521, 552, and 563 of Title 16, Conservation. For
complete classification of this Act to the Code, see
Short Title note set out under section 552 of Title 16
and Tables.
Act of October 20, 1914, referred to in text, is act Oct.
20, 1914, ch. 330, 38 Stat. 741, known as the Alaska Coal
Lands Act, which was repealed by Pub. L. 86–252, § 1,
Sept. 9, 1959, 73 Stat. 490. The subject matter of this Act
is generally covered by subchapters I to VII (§ 181 et
seq.) of chapter 3A of this title. For complete classification of this Act to the Code prior to repeal, see Tables.

Page 91

TITLE 30—MINERAL LANDS AND MINING

Act of February 25, 1920, referred to in text, is act
Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as
the Mineral Leasing Act, which is classified generally
to chapter 3A (§ 181 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 181 of this title and Tables.
Act of April 17, 1926, referred to in text, is act Apr. 17,
1926, ch. 158, 44 Stat. 301, as amended, which is classified
generally to subchapter VIII (§ 271 et seq.) of chapter 3A
of this title. For complete classification of this Act to
the Code, see Tables.
Act of February 7, 1927, referred to in text, is act Feb.
7, 1927, ch. 66, 44 Stat. 1057, as amended, which enacted
subchapter IX (§ 281 et seq.) of chapter 3A of this title,
amended sections 181 and 193 of this title, and repealed
subchapter VII (§ 141 et seq.) of chapter 3 of this title.
For complete classification of this Act to the Code, see
Tables.
AMENDMENTS
1981—Pub. L. 97–78 inserted definition of ‘‘oil’’.
SHORT TITLE
Act Aug. 7, 1947, ch. 513, § 1, 61 Stat. 913, provided:
‘‘That this Act [enacting this chapter] may be cited as
the ‘Mineral Leasing Act for Acquired Lands’.’’
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.
OUTER CONTINENTAL SHELF LANDS; DEFINITION
Definition of ‘‘outer Continental Shelf’’ with respect
to jurisdiction of United States, and mineral leases on
submerged lands of such shelf, see section 1331 et seq.
of Title 43, Public Lands.

§ 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

§ 352

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.)
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, § 602(a)(1), 63 Stat.
399, renumbered Sept. 5, 1950, ch. 849, § 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, §§ 1(e), 7(b), July 5, 1994, 108
Stat. 1278–1280, 1379. Section 1631 was repealed by act
June 7, 1939, ch. 190, § 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, § 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, § 111(a)(1),
Sept. 21, 1961, 75 Stat. 538, and are covered by chapter
33 (§ 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 (§ 471 et seq.) of former Title 40, Public
Buildings, Property, and Works, and which were repealed and reenacted by Pub. L. 107–217, §§ 1, 6(b), Aug.
21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title
40, Public Buildings, Property, and Works.
Subchapter VIII (§ 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 in-

§ 353

TITLE 30—MINERAL LANDS AND MINING

serted 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.

§ 353. Sale of lands unaffected; reservation of
mineral rights; sale subject to prior lease;
naval petroleum reserves unaffected
Nothing herein contained shall be deemed or
construed to (a) amend, modify, or change any
existing law authorizing or requiring the sale of
acquired lands, or (b) empower any commission,
bureau, or agency of the Government to make a
reservation of the minerals in the sale of any acquired land: Provided, That any such sale or conveyance of lands shall be made by the agency
having jurisdiction thereof, subject to any lease
theretofore made, covering the mineral deposits
underlying such lands: Provided further, That
nothing in this chapter is intended, or shall be
construed to affect in any manner any provision
of chapter 641 of title 10.
(Aug. 7, 1947, ch. 513, § 4, 61 Stat. 914.)
CODIFICATION
‘‘Chapter 641 of title 10’’ substituted in text for ‘‘the
Act of June 30, 1938 (32 Stat. 1252), amending the Act of
June 4, 1920 (41 Stat. 813)’’, which had been classified to
section 524 of former Title 34, Navy, on authority of act
Aug. 10, 1956, ch. 1041, § 49(b), 70A Stat. 640, the first section of which enacted Title 10, Armed Forces.

§ 354. Lease of partial or future interests in deposits
Where the United States does not own all of
the mineral deposits under any lands sought to
be leased and which are affected by this chapter,
the Secretary is authorized to lease the interest
of the United States in any such mineral deposits when, in the judgment of the Secretary, the
public interest will be best served thereby; subject, however, to the provisions of section 352 of
this title. Where the United States does not own
any interest or owns less than a full interest in
the minerals that may be produced from any
lands sought to be leased, and which are or will
be affected by this chapter and where, under the
provisions of its acquisition, the United States
is to acquire all or any part of such mineral deposits in the future, the Secretary may lease
any interest of the United States then owned or
to be acquired in the future in the same manner
as provided in the preceding sentence.
(Aug. 7, 1947, ch. 513, § 5, 61 Stat. 914.)
§ 355. Disposition of receipts
(a) Subject to the provisions of section 35(b) of
the Mineral Leasing Act (30 U.S.C. 191(b)), all receipts derived from leases issued under the authority of this chapter shall be paid into the
same funds or accounts in the Treasury and
shall be distributed in the same manner as prescribed for other receipts from the lands affected

Page 92

by the lease, the intention of this provision
being that this chapter shall not affect the distribution of receipts pursuant to legislation applicable to such lands: Provided, however, That
receipts from leases or permits for minerals in
lands set apart for Indian use, including lands
the jurisdiction of which has been transferred to
the Department of the Interior by the Executive
order for Indian use, shall be deposited in a special fund in the Treasury until final disposition
thereof by the Congress. Notwithstanding the
preceding provisions of this section, all receipts
derived from leases on lands acquired for military or naval purposes, except the naval petroleum reserves and national oil shale reserves,
shall be paid into the Treasury of the United
States and disposed of in the same manner as
provided under section 35 of the Act of February
25, 1920 (41 Stat. 450; 30 U.S.C. 191), in the case of
receipts from sales, bonuses, royalties, and rentals of the public lands under that Act [30 U.S.C.
181 et seq.].
(b) Notwithstanding any other provision of
law, any payment to a State under this section
shall be made by the Secretary of the Interior
and shall be made not later than the last business day of the month following the month in
which such moneys or associated reports are received by the Secretary of the Interior, whichever is later. The preceding sentence shall also
apply to any payment to a State derived from a
lease for mineral resources issued by the Secretary of the Interior under section 520 of title
16. The Secretary shall pay interest to a State
on any amount not paid to the State within that
time at the rate prescribed under section 1721 1
of this title from the date payment was required
to be made under this subsection until the date
payment is made.
(Aug. 7, 1947, ch. 513, § 6, 61 Stat. 915; Pub. L.
97–94, § 1, Dec. 17, 1981, 95 Stat. 1205; Pub. L.
102–486, title XXV, § 2506(a), Oct. 24, 1992, 106
Stat. 3106; Pub. L. 103–66, title X, § 10202(a), Aug.
10, 1993, 107 Stat. 408; Pub. L. 107–76, title VII,
§ 751(e)(2), Nov. 28, 2001, 115 Stat. 739.)
REFERENCES IN TEXT
The Mineral Leasing Act, referred to in subsec. (a), is
act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which
is classified generally to chapter 3A (§ 181 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 181 of
this title and Tables.
Section 1721 of this title, referred to in subsec. (b),
was in the original ‘‘section 111 of the Federal Oil and
Gas Royalty Management Act of 1982’’, which enacted
section 1721 of this title and amended section 191 of this
title.
AMENDMENTS
2001—Subsec. (b). Pub. L. 107–76 inserted after first
sentence ‘‘The preceding sentence shall also apply to
any payment to a State derived from a lease for mineral resources issued by the Secretary of the Interior
under section 520 of title 16.’’
1993—Subsec. (a). Pub. L. 103–66 substituted ‘‘Subject
to the provisions of section 35(b) of the Mineral Leasing
Act (30 U.S.C. 191(b)), all receipts’’ for ‘‘All receipts’’ in
first sentence.
1992—Pub. L. 102–486 designated existing provisions as
subsec. (a) and added subsec. (b).
1 See

References in Text note below.

Page 93

TITLE 30—MINERAL LANDS AND MINING

1981—Pub. L. 97–94 inserted provision that all receipts
derived from leases on lands acquired for military or
naval purposes, except the naval petroleum reserves
and national shale oil reserves, be paid into the Treasury of the United States and disposed of in the same
manner as provided under section 35 of the Act of February 25, 1920, in the case of receipts from sales, bonuses, royalties, and rentals of the public lands under
that Act.
EFFECTIVE DATE OF 1981 AMENDMENT
Pub. L. 97–94, § 2, Dec. 17, 1981, 95 Stat. 1205, provided
that: ‘‘The amendment made by the first section of this
Act [amending this section] shall take effect with respect to leases entered into after January 1, 1981.’’
OUTER CONTINENTAL SHELF; REVENUES FROM LEASES

§ 360

but any person qualified to hold a lease who, on
August 7, 1947, had pending an application for an
oil and gas lease for any lands subject to this
chapter which on the date the application was
filed was not situated within the known geologic
structure of a producing oil or gas field, shall
have a preference right over others to a lease of
such lands without competitive bidding. Any
person holding a lease on lands subject hereto,
which lease was issued prior to August 7, 1947,
shall be entitled to exchange such lease for a
new lease issued under the provisions of this
chapter, at any time prior to the expiration of
such existing lease.
(Aug. 7, 1947, ch. 513, § 9, 61 Stat. 915.)

Disposition of revenues from leases on submerged
lands of outer Continental Shelf, see sections 1337(g)
and 1338 of Title 43, Public Lands.

OUTER CONTINENTAL SHELF; JURISDICTION OF UNITED
STATES; VALIDATION OF PRIOR LEASES

§ 356. Furnishing description of lands and title
documents; recordation of documents; authenticated copies

Jurisdiction of United States over outer Continental
Shelf, grant of leases on submerged lands thereof, and
validation of prior leases, see section 1331 et seq. of
Title 43, Public Lands.

Upon request by the Secretary, the heads of
all executive departments, independent establishments, or instrumentalities having jurisdiction over any of the lands referred to in section
351 of this title shall furnish to the Secretary
the legal description of all of such lands, and all
pertinent abstracts, title papers, and other documents in the possession of such agencies concerning the status of the title of the United
States to the mineral deposits that may be
found in such lands.
Abstracts, title papers, and other documents
furnished to the Secretary under this section
shall be recorded promptly in the Bureau of
Land Management in such form as the Secretary
shall deem adequate for their preservation and
use in the administration of this chapter, whereupon the originals shall be returned promptly to
the agency from which they were received. Duly
authenticated copies of any such abstracts, title
papers, or other documents may, however, be
furnished to the Secretary, in lieu of the originals, in the discretion of the agency concerned.
(Aug. 7, 1947, ch. 513, § 7, 61 Stat. 915.)
TRANSFER OF FUNCTIONS
See note set out under section 1 of this title.

§ 357. State or local government rights; taxation
Nothing contained in this chapter shall be
construed to affect the rights of the State or
other local authorities to exercise any right
which they may have with respect to properties
covered by leases issued under this chapter, including the right to levy and collect taxes upon
improvements, output of mines, or other rights,
property, or assets of any lessee of the United
States.
(Aug. 7, 1947, ch. 513, § 8, 61 Stat. 915.)
§ 358. Rights under prior leases; priority of pending applications; exchange of leases
Nothing in this chapter shall affect any rights
acquired by any lessee of lands subject to this
chapter under the law as it existed prior to August 7, 1947, and such rights shall be governed by
the law in effect at the time of their acquisition;

§ 359. Rules and regulations
The Secretary of the Interior is authorized to
prescribe such rules and regulations as are necessary and appropriate to carry out the purposes
of this chapter, which rules and regulations
shall be the same as those prescribed under the
mineral leasing laws to the extent that they are
applicable.
(Aug. 7, 1947, ch. 513, § 10, 61 Stat. 915.)
REFERENCES IN TEXT
For definition of ‘‘mineral leasing laws’’, see section
351 of this title.
TRANSFER OF FUNCTIONS
Functions of Secretary of the Interior to promulgate
regulations under this chapter relating to fostering of
competition for Federal leases, implementation of alternative bidding systems authorized for award of Federal leases, establishment of diligence requirements for
operations conducted on Federal leases, setting of rates
for production of Federal leases, and specifying of procedures, terms, and conditions for acquisition and disposition of Federal royalty interests taken in kind,
transferred to Secretary of Energy by section 7152(b) of
Title 42, The Public Health and Welfare. Section 7152(b)
of Title 42 was repealed by Pub. L. 97–100, title II, § 201,
Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of
Energy returned to Secretary of the Interior. See
House Report No. 97–315, pp. 25, 26, Nov. 5, 1981.

§ 360. Authority to manage certain mineral leases
Each department, agency and instrumentality
of the United States which administers lands acquired by the United States with one or more
existing mineral lease shall transfer to the Secretary of the Interior the authority to administer such lease and to collect all receipts due
and payable to the United States under the
lease. In the case of lands acquired on or before
October 24, 1992, the authority to administer the
leases and collect receipts shall be transferred
to the Secretary of the Interior as expeditiously
as practicable after October 24, 1992. In the case
of lands acquired after October 24, 1992, such authority shall be vested with the Secretary at the
time of acquisition. The provisions of section 355
of this title shall apply to all receipts derived
from such leases where such receipts are due and

§ 401

TITLE 30—MINERAL LANDS AND MINING

payable to the United States under the lease in
the same manner as such provisions apply to receipts derived from leases issued under the authority of this chapter. For purposes of this section, the term ‘‘existing mineral lease’’ means
any lease in existence at the time land is acquired by the United States. Nothing in this section shall be construed to affect the existing
surface management authority of any Federal
agency.
(Aug. 7, 1947, ch. 513, § 11, as added Pub. L.
102–486, title XXV, § 2506(b), Oct. 24, 1992, 106
Stat. 3106.)
CHAPTER 8—DEVELOPMENT OF LIGNITE
COAL RESOURCES
Sec.

401.
402.
403.
404.

Establishment of research laboratory; duties.
Acquisition of lands and property; utilization
of voluntary services; cooperation with
other Federal, State, and private agencies.
Repealed.
Establishment of an advisory committee;
composition and appointment.

§ 401. Establishment of research laboratory; duties
The Secretary of the Interior, acting through
the United States Bureau of Mines, is authorized
and directed to establish, equip, and maintain a
research laboratory in the lignite-consuming region of North Dakota to conduct researches and
investigations on the mining, preparation, and
utilization of lignite coal and to develop new
scientific, chemical, and technical uses and new
and extended markets and outlets for lignite
coal and its products. Such laboratory shall be
planned as a center for information and assistance in matters pertaining to conserving lignite
coal resources for national defense and security;
to the more efficient mining, preparation, and
utilization of lignite coal; and pertaining to
safety, health, and sanitation in mining operations and other matters relating to problems of
the lignite industry.
(Mar. 25, 1948, ch. 146, § 1, 62 Stat. 85.)

Page 94

Mines, is authorized to acquire land and interests therein, and to accept in the name of the
United States donations of any property, real or
personal, and to utilize voluntary or uncompensated services at such laboratory. The Secretary
is authorized and directed to cooperate with
other departments or agencies of the Federal
Government, States, and State agencies and institutions, counties, municipalities, business or
other organizations, corporations, associations,
universities, scientific societies, and individuals, upon such terms and conditions as he may
prescribe.
(Mar. 25, 1948, ch. 146, § 2, 62 Stat. 85.)
TRANSFER OF FUNCTIONS
For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see
note set out under section 1 of this title.

§ 403. Repealed. Pub. L. 93–608, § 1(12), Jan. 2,
1975, 88 Stat. 1969
Section, act Mar. 25, 1948, ch. 146, § 3, 62 Stat. 85, required Secretary of the Interior, acting through Bureau
of Mines, to report to Congress on activities, expenditures, etc., of laboratory.

§ 404. Establishment of an advisory committee;
composition and appointment
The Secretary of the Interior, acting through
the United States Bureau of Mines, may, in his
discretion, create and establish an advisory
committee composed of not more than six members to exercise consultative functions, when required by the Secretary, in connection with the
administration of this chapter. The said committee shall be composed of representatives of
lignite coal-mine owners, of representatives of
lignite coal-mine workers and the public in
equal number. The members of said committee
shall be appointed by the Secretary of the Interior without regard to the civil-service laws.
(Mar. 25, 1948, ch. 146, § 4, 62 Stat. 85.)

TRANSFER OF FUNCTIONS

TRANSFER OF FUNCTIONS

For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see
note set out under section 1 of this title.

For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see
note set out under section 1 of this title.

APPROPRIATIONS
Act Mar. 25, 1948, ch. 146, § 5, 62 Stat. 85, provided
that: ‘‘In order to carry out the purposes of this Act
[enacting this chapter] there is hereby authorized to be
appropriated, out of any money in the Treasury not
otherwise appropriated, the sum of (a) $750,000 for the
erection and equipment of a building or buildings, including plumbing, lighting, heating, general service,
and experimental equipment and apparatus, the necessary roads, walks, and ground improvement, and land
for the site of the building if no land is donated; and (b)
$250,000 annually for the maintenance and operation of
the experimental station, including personal services,
supplies, equipment, and expenses of travel and subsistence.’’

§ 402. Acquisition of lands and property; utilization of voluntary services; cooperation with
other Federal, State, and private agencies
For the purpose of this chapter the Secretary,
acting through the United States Bureau of

TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period following Jan. 5, 1973, unless, in the case of a
committee established by the President or an officer of
the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2year period, or in the case of a committee established
by the Congress, its duration is otherwise provided by
law. Advisory committees established after Jan. 5, 1973,
to terminate not later than the expiration of the 2-year
period beginning on the date of their establishment,
unless, in the case of a committee established by the
President or an officer of the Federal Government, such
committee is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of
a committee established by the Congress, its duration
is otherwise provided for by law. See section 14 of Pub.
L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.