Materials Act of 1947, as amended through P.L. 96–470

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MATERIALS ACT OF 1947

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MATERIALS ACT OF 1947 1
[As Amended Through P.L. 96–470, Enacted October 19, 1980]
AN ACT To provide for the disposal of materials on the public lands of the United
States.

SECTION 1. 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 Act, land described in the
Acts of August 28, 1937 (50 Stat. 874), and of June 24, 1954 (68
Stat. 270), if the disposal of such mineral or vegetative materials
(1) is not otherwise expressly authorized by law, including, but not
limited to, the Act of June 28, 1934 (48 Stat. 1269), as amended,
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 Act and upon the payment
of adequate compensation therefore, 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 Act, 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 Where the lands have been withdrawn in aid of a function of a Federal department or agency other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 Act only with the consent of such other Federal department or agency or of such State, Territory, or local governmental
unit. Nothing in this Act 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 Act, 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
1 This is not the official title. It’s merely a popular name used for convenient reference. The
Materials Act of 1947 (61 Stat. 681) consists of the Act of July 31, 1947 and subsequent amendments thereto (30 U.S.C. 601–604).

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Sec. 2

MATERIALS ACT OF 1947

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Farm Tenant Act or where withdrawn for the purpose of any other
function of the Department of Agriculture.
(30 U.S.C. 601)
SEC. 2. (a)

The Secretary shall dispose of materials under this
Act to the highest responsible qualified bidder after formal advertising and such other public notice as he deems appropriate: Provided, however, That the Secretary may authorize negotiation of a
contract for the disposal of materials if—
(1) the contract is for the sale of less than two hundred
fifty thousand board-feet of timber; or, if
(2) the contract is for the disposal of materials to be used
in connection with a public works improvement program on behalf of a Federal, State, or local governmental agency and the
public exigency will not permit the delay incident to advertising; or, if
(3) the contract is for the disposal of property for which it
is impracticable to obtain competition.
(30 U.S.C. 602)
SEC. 3. All

moneys received from the disposal of materials
under this Act shall be disposed of in the same manner as moneys
received from the sale of public lands, except that moneys received
from the disposal of materials by the Secretary of Agriculture shall
be disposed of in the same manner as other moneys received by the
Department of Agriculture from the administration of the lands
from which the disposal of materials is made, and except that revenues from the lands described in the Act of August 28, 1937 (50
Stat. 874), and the Act of June 24, 1954 (68 Stat. 270), shall be disposed of in accordance with said Acts and except that moneys received from the disposal of materials from school section lands in
Alaska, reserved under section 1 of the Act of March 4, 1915 (38
State. 1214), shall be set apart as separate and permanent funds
in the Territorial Treasury, as provided for income derived from
said school section lands pursuant to said Act.
(30 U.S.C. 603)
SEC. 4. Subject

to the provisions of this Act, the Secretary may
dispose of sand, stone, gravel, and vegetative materials located
below high-water mark of navigable waters of the Territory of Alaska. Any contract, unexecuted in whole or in part, for the disposal
under this Act of materials from land, title to which is transferred
to a future State upon its admission to the Union, and which is situated within its boundaries, may be terminated or adopted by such
State.
(30 U.S.C. 604)

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