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land district in which the claim is situated (1) within one year after August 11, 1955, as to any or all locations heretofore made, or within sixty days of location as to locations hereafter made, a copy of the notice of location of the claim; (2) within sixty days after the expiration of any annual assessment year, a statement as to the assessment work done or improvements made during the previous assessment year. (Aug. 11, 1955, ch. 797, § 4, 69 Stat. 683.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 621 of this title.

§ 624. Protection of existing valid claims.

Nothing in this chapter contained shall be construed to limit or restrict the rights of the owner or owners of any valid mining claim located prior to the date of withdrawal or reservation: Provided, That nothing in this chapter shall be construed to limit or restrict the rights of the owner or owner of any mining claims who are diligently working to make a discovery of valuable minerals at the time any future withdrawal or reservation for power development is made. (Aug. 11, 1955, ch. 797, § 5, 69 Stat. 683.)

§ 625. Prohibition of unspecified use.

Notwithstanding any other provisions of this chapter, all mining claims and mill sites or mineral rights located under the terms of this chapter or otherwise contained on the public lands as described in section 621 of this title shall be used only for the purposes specified in section 621 of this title and no facility or activity shall be erected or conducted thereon for other purposes. (Aug. 11, 1955, ch. 797, § 6, 69 Stat. 683.)

Sec. 181.

182.

183.

184.

CHAPTER 3A.-LEASES AND PROSPECTING PERMITS

1. GENERAL PROVISIONS

Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved.

Lands disposed of with reservation of deposits of coal, and so forth.

Cancellation of prospecting permits.

Limitations on leases held, owned or controlled by persons, associations or corporations.

(a) Coal leases or permits, acreage; regulations.

(b) Sodium leases or permits, acreage.

(c) Phosphate leases, acreage.

(d) Oil or gas leases, acreage, Alaska; options, semiannual statements.

(e) Association or stockholder interests, conditions; combined interests.

(f) Limitations on other sections; combined interests permited for certain purposes.

(g) Forbidden interests acquired by descent, will, judgment, or decree; permissible holding period.

(h) Cancellation, forfeiture, or disposal of interests for violation; bona fide purchasers and other valid interests; sale by Secretary; record of proceedings.

(i) Bona fide purchasers, conditions for obtaining dismissals.

(j) Waiver or suspension of rights.

(k) Unlawful trusts; forfeiture.

184a. Authorization of States to include in agreements for conservation of oil and gas resources lands acquired from United States.

185.

186.

187.

Rights-of-way for pipe lines.

Reservation of easements or rights-of-way for working purposes; reservation of
right to dispose of surface of lands; determination before offering of lease; ease-
ment periods.
Assignment or subletting of leases; relinquishment of rights under leases; condi-
tions in leases for protection of diverse interests in operation of mines, wells, and
so forth; State laws not impaired.

187a. Same; oil or gas leases; partial assignments.

187b. Same; oil or gas leases; written relinquishment of rights; release of obligations. Forfeiture, cancellation or reinstatement of leases.

188.

188a.

189.

190.

191.

192.

Surrender of leases.

Rules and regulations; boundary lines; State rights unaffected; taxation.
Oath; requirement; form; blanks.

Disposition of moneys received.

Payment of royalties in oil or gas; sale of such oil or gas.

192a. Same; cancellation or modification of contacts.

192b. Same; contracts applicable to.

192.c

193.

Same; rules and regulations governing issuance of certain leases; dispositions of receipts.

Disposition of deposits of coal, and so forth.

193a. Preference right of United States to purchase coal for Army and Navy; price for coal; civil action; jurisdiction.

194. Repealed.

62-681-76-5

2. COAL

Bec.

201.

201-1.

201a. 201b. 202.

203.

204.

205.

206.

207.

208.

208a. 209.

211.

212.

213.

214.

Division of land into leasing tracts.

(a) Offer and award; publication of offering notice.

(b) Prospecting permits; terms; maximum tract; leases by permittee; extension of permit.

Collective prospecting, development, or operation contracts; apportionment or commingling of production; authority of Secretary of the Interior; acreage limitation exceptions.

[blocks in formation]

Noncontiguous coal or phosphate tracts in single lease.

Royalties; annual rentals; term of leases; development and operation; readjust-
ment of terms; suspension of operation to avert loss.

Permits to take coal for local domestic needs without royalty payments; corpora-
tion exclusion; area to municipalities for household use without profit.
Mining coal adjacent to Alaska Railroad; purchases from two or more mines.
Suspension, waiver, or reduction of rents or royalties to promote development or
operation; extension of lease on suspension of operations and production.

Phosphate deposits.

3. PHOSPHATE

(a) Authorization to lease land; terms and conditions; acreage.

(b) Prospecting permits; issuance; term; acreage; entitlement to lease. (c) Extension of term of permit.

Surveys; royalties; time payable; annual rentals; term of leases; readjustment
on renewals; minimum production; suspension of operation.

Royalties for use of deposits of silica, limestone, or other rock embraced in lease.
Use of surface of other public lands; acreage; forest lands exception.

[blocks in formation]

Leases; amount and survey of land; term of lease; royalties and annual rental.
Repealed.

Payments for oil or gas taken prior to application for lease.
Condition of lease, forfeiture for violation.

Lease of oil and gas lands.

(a) Authority of Secretary.

(b) Lands within known geologic structure of a producing oil or gas field; competitive bidding.

(c) Lands not within geologic structure of a producing oil or gas field; first qualified applicant.

(d) Annual rentals.

(e) Primary terms.

(f) Termination.

(g) Drainage agreements; primary term of lease, extension; report to
Congress.

(h) Mining claims; suspension of running time of lease.
(i) Exchange of leases; conditions.

(j)

Cooperative or unit plan; authority of Secretary of the Interior to alter or modify; communitization or drilling agreements; term of lease, conditions; Secretary to approve operating, drilling or development contracts, and subsurface storage. Expiration and extension of noncompetitive oil or gas leases; withdrawal of lands from leasing; known and unknown geologic structure of producing fields; cooperative or unit plan leases.

Limitations for filing oil and gas contests.

226a, 226b. Repealed. 226c.

Reduction of royalties under existing leases. 226d, 226e. Omitted.

227.

228.

229.

229a.

230 to 233a.

234 to 236a.

236b.

241.

Leases to persons relinquishing rights under prior claims on withdrawn lands under preexisting placer mining law; acreage; claims on naval petroleum reserves; fraud of claimant; adjustment of suits.

Prospecting permits and leases to persons of lands not withdrawn; terms and conditions of; fraud of claimants.

Preference right to permits or leases of claimants of lands bona fide entered as
agricultural land; terms and conditions.

Water struck while drilling of oil or gas; acquisition and disposition by Secre-
tary of the Interior; preferential right of vicinity; revolving fund.
233. Repealed.

Permits or leases of certain lands in Oklahoma; retention of royalties.
236. Repealed.

Lands in naval petroleum reserves and naval oil-shale reserves; effect of other
laws.
Repealed.

Leases of lands.

5. OIL SHALE

(a) Authorization; survey; terms, royalties and annual rentals; readjustments on renewals; rights of existing claimants; fraud of claimants. (b) Offer for lease; deposits other than oil shale; questioned validity be cause of location; preference rights.

(c)

Multiple use principal leases; native asphalt, solid and semisolid bitumen, and bituminous rock.

Sec.

251.

261.

262.

263.

271.

272.

273.

274.

275. 276.

281.

282. 283.

284.

285. 286. 287.

6. ALASKA OIL PROVISO

Leases to claimants of withdrawn lands; terms and conditions; acreage; annual rentals and royalties; fraud of claimants.

7. SODIUM

Prospecting permits; lands included; acreage.

Leases to permittees; survey of lands; royalties and annual rentals.
Permits to use or lease of nonmineral lands for camp sites, and other purposes;
annual rentals; acreage.

8. SULPHUR

Prospecting permits; lands included; acreage.

Leases to permittees; privileges extended to oil and gas permittees.
Lease of lands not covered by permits or leases; acreage; rental.
Lands containing coal or other minerals.

Laws applicable.

Section 271 to 275 of this title applicable to Louisiana and New Mexico only.

9. POTASH

Prospecting permits for chlorides, sulphates, carbonates, borates, silicates, or
nitrates of potassium; authorization; acreage; lands affected.
Leases to permittes of lands showing valuable deposits; royalty.

Lands containing valuable deposits not covered by permits or leases; authority
to lease; acreage; conditions; renewals; exemptions from rentals and royalties;
suspension of operation.

Lands containing coal or other minerals in addition to potassium deposits; issu-
ance of prospecting permits and leases; covenants in potassium leases.
Laws applicable.

Disposition of royalties and rents from potassium leases.
Extension of prospecting permits.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 48, 49, 171, 1003, 1005 of this title; title 25 section 398e. 1. GENERAL PROVISIONS

§ 181. Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved.

Deposits of coal, phosphate, sodium, potassium, oil, oil shale, native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried) or gas, and lands containing such deposits owned by the United States, including those in national forests, but excluding lands acquired under the Appalachian Forest Act, and those in incorporated cities, towns, and villages and in national parks and monuments, those acquired under other Acts subsequent to February 25, 1920 and lands within the naval petroleum and oilshale reserves, except as hereinafter provided, shall be subject to disposition in the form and manner provided by this chapter to citizens of the United States, or to associations of such citizens, or to any corporation organized under the laws of the United States, or of any State or Territory thereof, or in the case of coal, oil, oil shale, or gas, to municipalities. Citizens of another country, the laws, customs, or regulations of which deny similar or like privileges to citizens or corporations of this country, shall not by stock ownership, stock holding, or stock control, own any interest in any lease acquired under the provisions of this chapter.

The United States reserves the ownership of and the right to extract helium from all gas produced from lands leased or otherwise granted under the provisions of this chapter, under such rules and regulations as shall be prescribed by the Secretary of the Interior: Provided further, That in the extraction of helium from gas produced from such lands it shall be so extracted as to cause no substantial delay in the delivery of gas produced from the well to the purchaser thereof. (Feb. 25, 1920, ch. 85, § 1, 41 Stat. 437; Feb. 7, 1927, ch. 66, § 5, 44 Stat. 1058; Aug. 8, 1946, ch. 916, § 1, 60 Stat. 950; Sept. 2, 1960, Pub. L. 86–705, § 7 (a), 74 Stat. 790.)

REFERENCES IN TEXT

The Appalachian Forest Act, referred to in the first par., is act Mar. 1, 1911, ch. 186, 36 Stat. 961, which is classified to sections 480, 500, 513-519, 521, 552 and 563 of title 16, Conservation.

AMENDMENTS

1960-Pub. L. 86-705 included deposits of native asphalt, solid and semisolid bitumen, and bituminous rock.

1964-Act Aug. 8, 1946, reenacted existing par., less three provisos, as first sentence of first par., inserting "potassium" after "sodium", which was also included in the 1927

amendment, and substituting provision for disposition of deposits "in incorporated cities, towns, and villages, and in national parks and monuments, those acquired under other Acts subsequent to February 25, 1920, and lands within the naval petroleum and oilshale reserves" for such disposition "in national parks, and in lands withdrawn or reserved for military or naval uses or purposes" and phrase "associations of such citizens" for "any association of such persons"; former third proviso as second sentence of first par.; former first proviso as second par., inserting reservation of ownership provision and deleting "permitted" preceding "leased or otherwise granted"; and former second proviso as proviso in second par.

1927-Act Feb. 7, 1927, included deposits of potassium.

SHORT TITLE

This chapter is commonly known as the Mineral Lands Leasing Act.

SAVINGS CLAUSE

Section 15 of act Aug. 8, 1946, provided: "No repeal or amendment made by this Act [enacting sections 187a, 187b, and 226c, amending sections 181, 184, 188, 193, 209, 225, 226 and 285, and repealing sections 223a, 226a and 226b of this title] shall affect any right acquired under the law as it existed prior to such repeal or amendment, and such right shall be governed by the law in effect at the time of its acquisition; but any person holding a lease on the effective date of this Act [Aug, 8, 1946] may, by filing a statement to that effect, elect to have his lease governed by the applicable provisions of this Act [said sections] instead of by the law in effect prior thereto.'

ADMISSION OF ALASKA AS STATE: SELECTION OF LANDS

Admission of Alaska into the Union was accomplished Jan. 3, 1959, upon 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.

Selection of lands by Alaska from lands made available by Statehood provisions including lands subject to leases, permits, license or contracts issued under this chapter, see section 6(h) of Pub. L. 85-508, set out as note preceding section 21 of Title 48.

OUTER CONTINENTAL SHELF; MINERAL LEASES

Grant by the Secretary of the Interior of Mineral leases on submerged lands of outer Continental Shelf, see sections 1331 et seq., of Title 43, Public Lands.

CROSS REFERENCES

Conveyances to occupants of unpatented mining claims, reservation of mineral rights, see section 707 of this title.

Helium reserve lands, development of other mineral resources, see section 529 of this title. Laws applicable, see sections 275 and 285 of this title.

Naval petroleum reserves, jurisdiction and control, see section 7421 of Title 10, Armed Forces.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 185, 208, 275, 1004 of this title; title 10 sections 7421, 7435.

§ 182. Lands disposed of with reservation of deposits of coal, and so forth. The provisions of this chapter shall also apply to all deposits of coal, phosphate, sodium, oil, shale, native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried) or gas in the lands of the United States, which lands may have been or may be disposed of under laws reserving to the United States such deposits with the right to prospect for, mine, and remove the same, subject to such conditions as are or may hereafter be provided by such laws reserving such deposits. (Feb. 25, 1920, ch. 85, § 34, 41 Stat. 450; Sept. 2, 1960, Pub. L. 86-705, § 7 (a), 74 Stat. 790.)

AMENDMENTS

1960-Pub. L. 86-705 included native asphalt, solid and semisolid bitumen, and bituminous rock. CROSS REFERENCES

Laws applicable, see sections 275 and 285 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 275, 285 of this title; title 10 section 7421.

§ 183. Cancellation of prospecting permits.

The Secretary of the Interior shall reserve and may exercise the authority to cancel any prospecting permit upon failure by the permittee to exercise due diligence in the prosecution of the prospecting work in accordance with the terms and conditions stated in the permit, and shall insert in every such permit issued

under the provisions of this chapter appropriate provisions for its cancellation by him. (Feb. 25, 1920, ch. 85, § 26, 41 Stat. 448.)

CROSS REFERENCES

Laws applicable, see sections 275 and 285 of this title.
Surrender of leases, see section 188a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 275, 285 of this title; title 10 section 7421.

§ 184. Limitations on leases held, owned or controlled by persons, associations or corporations.

(a) Coal leases or permits, acreage; regulations.

(1) No person, association, or corporation shall take, hold, own, or control at one time, whether acquired directly from the Secretary under this chapter or otherwise, coal leases or permits on an aggregate of more than forty-six thousand and eighty acres in any one State.

(2) A person, association, or corporation may apply for coal leases or permits for acreage in addition to that which is permissible under paragraph (1) of this subsection, but the additional acreage shall not exceed five thousand one hundred and twenty acres in any one State. Each application shall be for forty acres or a multiple thereof and shall contain a statement that the granting of a lease or permit for the additional lands is necessary to enable the applicant to carry on business economically and that it is believed to be in the public interest. On the filing of such an application, the coal deposits in the lands covered by it shall be temporarily set aside and withdrawn from all forms of disposal under this chapter. The Secretary shall, after posting notice of the pending application in the local land office, conduct public hearings on it. After such hearings the Secretary may, under such regulations as he may prescribe and to such extent as he finds to be in the public interest and necessary to enable the applicant to carry on business economically, permit the applicant to take and hold coal leases or permits for additional acreage as hereinbefore provided. The Secretary may, in his own discretion or whenever sufficient public interest is manifested, reevaluate a lessee's or permittee's need for all or any part of the additional acreage and may cancel any lease or permit covering all or any part of such acreage if he finds that cancellation is in the public interest or that the coal deposits in said acreage are no longer necessary for the lessee or permittee to carry on business economically or that the lessee or permittee has divested himself of all or any part of his first ten thousand two hundred and forty acres or no longer has facilities which, in the Secretary's opinion, enable him to exploit the deposits under lease or permit. No assignment, transfer, or sale of any part of the additional acreage may be made without the approval of the Secretary. (b) Sodium leases or permits, acreage.

(1) No person, association, or corporation, except as otherwise provided in this subsection, shall take, hold, own, or control at one time, whether acquired directly from the Secretary under this chapter, or otherwise, sodium leases or permits on an aggregate of more than five thousand one hundred and twenty acres in any one State.

(2) The Secretary may, in his discretion, where the same is necessary in order to secure the economic mining of sodium compounds leasable under this chapter, permit a peron, association, or corporation to take or hold sodium leases or permits on up to fifteen thousand three hundred and sixty acres in any one State. (c) Phosphate leases, acreage.

No person, association, or corporation shall take, hold, own, or control at one time, whether acquired directly from the Secretary under this chapter, or otherwise, phosphate leases or permits on an aggregate of more than twenty thousand four hundred and eighty acres in the United States.

(d) Oil or gas leases, acreage, Alaska; options, semiannual statements.

(1) No person, association, or corporation, except as otherwise provided in this chapter, shall take, hold, own or control at one time whether acquired directly from the Secretary under this chapter, or otherwise, oil or gas leases (including options for such leases or interests therein) on land held under the provisions of this chapter exceeding in the aggregate two hundred forty-six thousand and eighty acres in any one State other than Alaska. In the case of the State of

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