and sixty acres. All leases under this section shall be conditioned upon the payment by the lessee of such royalty as may be fixed in the lease, not less than 2 per centum of the quantity or gross value of the output of sodium compounds and other related products at the point of shipment to market, and the payment in advance of a rental of 25 cents per acre for the first calendar year or fraction thereof, 50 cents per acre for the second, third, fourth, and fifth calendar years respectively; and $1 per acre per annum thereafter during the continuance of the lease, such rental for any one year to be credited against royalties accruing for that year. Leases under this section shall be for a period of twenty years, with preferential right in the lessee to renew for successive periods of ten years upon such reasonable terms and conditions as may be prescribed by the Secretary of the Interior unless otherwise provided by law at the expiration of such period: Provided, That nothing in this chapter shall prohibit the mining and sale of sodium compounds under potassium leases issued pursuant to sections 141 to 152 of this title, and sections 281 to 287 of this title, nor the mining and sale of potassium compounds as a byproduct from sodium leases taken under this section: Provided further, That on application by any lessee the Secretary of the Interior is authorized to modify the rental and royalty provisions stipulated in any existing sodium lease to conform to the provisions of this section. (Feb. 25, 1920, ch. 85, § 24, 41 Stat. 447; Dec. 11, 1928, ch. 19, 45 Stat. 1019.) REFERENCES IN TEXT Sections 141 to 152 of this title, referred to in text, were repealed by act Feb. 7, 1927, ch. 66, § 6, 44 Stat. 1058. AMENDMENTS 1928-Act Dec. 11, 1928, amended section generally. CROSS REFERENCES Surrender of leases, see section 188a of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 284 of this title; title 10 sections 7421, 7435. § 263. Permits to use or lease of nonmineral lands for camp sites, and other purposes; annual rentals; acreage. In addition to areas of such mineral land which may be included in any such prospecting permits or leases, the Secretary of the Interior, in his discretion, may grant to a permittee or lessee of lands containing sodium deposits, and subject to the payment of an annual rental of not less than 25 cents per acre, the exclusive right to use, during the life of the permit or lease, a tract of unoccupied nonmineral public land, not exceeding forty acres in area, for camp sites, refining works, and other purposes connected with and necessary to the proper development and use of the deposits covered by the permit or lease. (Feb. 25, 1920, ch. 85, § 25, 41 Stat. 447.) CROSS REFERENCES Surrender of leases, see section 188a of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 284 of this title, title 10 sections 742, 7435. 8. SULPHUR § 271. Prospecting permits; lands included; acreage. The Secretary of the Interior is hereby authorized and directed, under such rules and regulations as he may prescribe, to grant to any qualified applicant a prospecting permit which shall give the exclusive right to prospect for sulphur in lands belonging to the United States located in the States of Louisiana and New Mexico for a period of not exceeding two years: Provided, That the area to be included in such a permit shall be not exceeding six hundred and forty acres of land in reasonably compact form. (Apr. 17, 1926, ch. 158, § 1, 44 Stat. 301; July 16, 1932, ch. 498, 47 Stat. 701.) CODIFICATION Section was not enacted as a part of Mineral Lands Leasing Act which is classified to this chapter. AMENDMENTS 1932-Act July 16, 1932, substituted "States of Louisiana and New Mexico" for "State SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 274, 275, 276, 352 of this title. § 272. Leases to permittees; privileges extended to oil and gas permittees. Upon showing to the satisfaction of the Secretary of the Interior that valuable deposits of sulphur have been discovered by the permittee within the area covered by his permit, and that the land is chiefly valuable therefor, the permittee shall be entitled to a lease for any or all of the land embraced in the prospecting permit, at a royalty of 5 per centum of the quantity or gross value of the output of sulphur at the point of shipment to market, such lease to be taken in compact form by legal subdivisions of the public-land surveys; or if the land be not surveyed, by survey executed at the cost of the permittee in accordance with regulations prescribed by the Secretary of the Interior: Provided, That where any person having been granted an oil and gas permit makes a discovery of sulphur in lands covered by said permit, he shall have the same privilege of leasing not to exceed six hundred and forty acres of said land under the same terms and conditions as are given a sulphur permittee under the provisions of this section. (Apr. 17, 1926, ch. 158, § 2, 44 Stat. 301.) CODIFICATION Section was not enacted as a part of Mineral Lands Leasing Act which is classified to this chapter. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 274, 275, 276, 352 of this title. § 273. Lease of lands not covered by permits or leases; acreage; rental. Lands known to contain valuable deposits and sulphur and not covered by permits or leases shall be held subject to lease by the Secretary of the Interior through advertisement, competitive bidding, or such other methods as he may by general regulations adopt and in such areas as he shall fix, not exceeding six hundred and forty acres; all leases to be conditioned upon the payment by the lessee of such royalty as may be fixed in the lease and the payment in advance of a rental of 50 cents per acre per annum, the rental paid for any one year to be credited against the royalties accruing for that year. (Apr. 17, 1926, ch. 158, § 3, 44 Stat. 301.) CODIFICATION Section was not enacted as a part of Mineral Lands Leasing Act which is classified to this chapter. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 274, 275, 276, 332 of this title. § 274. Lands containing coal or other minerals. Prospecting permits or leases may be issued in the discretion of the Secretary of the Interior under the provisions of sections 271 to 276 of this title for deposits of sulphur in public lands also containing coal or other minerals on condition that such other deposits be reversed to the United States for disposal under applicable laws. (Apr. 17, 1926, ch. 158, § 4, 44 Stat. 302.) CODIFICATION Section was not enacted as a part of Mineral Lands Leasing Act which is classified to this chapter. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 275, 276, 352 of this title. § 275. Laws applicable. The general provisions of sections 181 to 184, 185 to 188, 189 to 192, 193, and 194 of this title, are made applicable to permits and leases under section 271 to 276 of this title, sections 181 and 193 of this title being amended to include deposits of sulphur, and section 184 of this title being amended so as to prohibit any person, association, or corporation from taking or holding more than three sulphur permits or leases in any one State during the life of such permits or REFERENCES IN TEXT Section 194 of this title, referred to in the text, which related to fees and commissions of managers, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 644. CODIFICATION Section was not enacted as a part of Mineral Lands Leasing Act which is classified to this chapter. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 274, 276, 352 of this title. § 276. Sections 271 to 275 of this title applicable to Louisiana and New Mexico only. The provisions of sections 271 to 275 of this title shall apply only to the States of Louisiana and New Mexico. (Apr. 17, 1926, ch. 158, § 6, 44 Stat. 302; July 16, 1932, ch. 498, 47 Stat. 701.) CODIFICATION Section was not enacted as a part of Mineral Lands Leasing Act which is classified to this chapter. AMENDMENTS 1932-Act July 16, 1932, substituted "States of Louisiana and New Mexico" for "State of Louisiana". SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 274, 275, 352 of this title. 9. POTASH § 281. Prospecting permits for chlorides, sulphates, carbonates, borates, silicates, or nitrates of potassium; authorization; acreage; lands affected. The Secretary of the Interior is hereby authorized, under such rules and regulations as he may prescribe, to grant to any qualified applicant a prospecting permit which shall give the exclusive right to prospect for chlorides, sulphates, carbonates, borates, silicates, or nitrates of potassium in lands belonging to the United States for a period of not exceeding two years: Provided, That the area to be included in such a permit shall not exceed two thousand five hundred and sixty acres of land in reasonably compact form: Provided further, That the prospecting provisions of sections 281 to 287 of this title shall not apply to lands and deposits in or adjacent to Searles Lake, California, which lands may be leased by the Secretary of the Interior under the terms and provisions of said sections. (Feb. 7, 1927, ch. 66, § 1, 44 Stat. 1057.) CODIFICATION Section was not enacted as a part of Mineral Lands Leasing Act which is classified to this chapter. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 262, 281, 283, 284, 285, 287 of this title. § 282. Leases to permittees of lands showing valuable deposits; royalty. Upon showing to the satisfaction of the Secretary of the Interior that valuable deposits of one of the substances enumerated in sections 281 to 287 of this title has been discovered by the permittee within the area covered by his permit, and that such land is chiefly valuable therefor, the permittee shall be entitled to a lease for any or all of the land embraced in the prospecting permit, at a royalty of not less than 2 per centum of the quantity or gross value of the output of potassium compounds and other related products, except sodium, at the point of shipment to market, such lease to be taken in compact form by legal subdivisions of the public land surveys, or if the land be not surveyed, by survey executed at the cost of the permittee in accordance with regulations prescribed by the Seeretary of the Interior. (Feb. 7, 1927, ch. 66, § 2, 44 Stat. 1057.) CODIFICATION Section was not enacted as a part of Mineral Lands Leasing Act which is classified to this chapter. SECTION REFERRED TO IN OTHER SECTIONS § 283. Lands containing valuable deposits not covered by permits or leases; authority to lease; acreage; conditions; renewals; exemptions from rentals and royalties; suspension of operations. Lands known to contain valuable deposits enumerated in sections 281 to 287 of this title and not covered by permits or leases shall be held subject to lease by the Secretary of the Interior through advertisement, competitive bidding, or such other methods as he may by general regulations adopt, and in such areas as he shall fix, not exceeding two thousand five hundred and sixty acres; all leases to be conditioned upon the payment by the lessee of such royalty as may be fixed in the lease, not less than 2 per centum of the quantity or gross value of the output of potassium compounds and other related products, except sodium, at the point of shipment to market, and the payment in advance of a rental of 25 cents per acre for the first calendar year or fraction thereof; 50 cents per acre for the second, third, fourth, and fifth years, respectively; and $1 per acre per annum thereafter during the continuance of the lease, such rental for that year being credited against royalties accruing for that year. Any lease issued under sections 281 to 287 of this title shall be for a term of twenty years and so long thereafter as the lessee complies with the terms and conditions of the lease and upon the further condition that at the end of each twenty-year period succeeding the date of the lease such reasonable adjustment of the terms and conditions thereof may be made therein as may be prescribed by the Secretary of the Interior unless otherwise provided by law at the expiration of such periods. Leases shall be conditioned upon a minimum annual production or the payment of a minimum royalty in lieu thereof, except when production is interrupted by strikes, the elements, or casualties not attributable to the lessee. The Secretary of the Interior may permit suspension of operations under any such leases when marketing conditions are such that the leases cannot be operated except at a loss. The Secretary upon application by the lessee prior to the expiration of any existing lease in good standing shall amend such lease to provide for the same tenure and to contain the same conditions, including adjustment at the end of each twenty-year period succeeding the date of said lease, as provided for in said sections. In the discretion of the Secretary of the Interior the area involved in any lease resulting from a prospecting permit may be exempt from any rental in excess of 25 cents per acre for twenty years succeeding its issue, and the production of potassium compounds under such a lease may be exempt from any royalty in excess of the minimum prescribed in said sections for the same period. (Feb. 7, 1927, ch. 66, §3, 44 Stat. 1057; June 3, 1948, ch. 379, § 9, 62 Stat. 292.) CODIFICATION Section was not enacted as a part of Mineral Lands Leasing Act which is classified to this chapter. AMENDMENTS 1948-Act June 3, 1948. increased renewal term from ten to twenty years, provided for reasonable adjustment of terms, provided minimum conditions, and permitted suspension of operations under certain conditions. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 262, 281, 282, 284, 285, 287 of this title. § 284. Lands containing coal or other minerals in addition to potassium deposits; issuance of prospecting permits and leases; covenants in potassium leases. Prospecting permits or leases may be issued under the provisions of section 281 to 287 of this title for deposits of potassium in public lands, also containing deposits of coal or other minerals, on condition that such other deposits be reserved to the United States for disposal under appropriate laws: Provided. That if the interests of the Government and of the lessee will be subserved thereby, potassium leases may include covenants providing for the development by the lessee of chlorides, sulphates, carbonates, borates, silicates, or nitrates of sodium, magnesium, aluminum, or calcium, associated with the potassium deposits leased, on terms and conditions not inconsistent with the sodium provisions of sections 261 to 263 of this title: Provided further, That where valuable deposits of mineral now subject to disposition under the general mining laws are found in fissure veins on any of the lands subject to permit or lease under sections 281 to 287 of this title, the valuable minerals so found shall continue subject to disposition under the said general mining laws notwithstanding the CODIFICATION Section was not enacted as a part of Mineral Lands Leasing Act which is classified to this chapter. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 262, 281, 282, 283, 285, 287 of this title. § 285. Laws applicable. The general provisions of sections 182 to 184, 185 to 188, 189 to 192, 193, and 194 of this title, are made applicable to permits and leases under sections 281 to 287 of this title. (Feb. 7, 1927, ch. 66, § 5, 44 Stat. 1058; Aug. 8, 1946, ch. 916, § 77, 60 Stat. 957.) REFERENCES IN TEXT Section 194 of this title, referred to in the text, which related to fees and commissions of managers, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 644. CODIFICATION Section was not enacted as a part of Mineral Lands Leasing Act which is classified to this chapter. AMENDMENTS 1946-Act Aug. 8. 1946, excluded the incorporation, by reference, of section 181 of this title, the latter section having been amended by act Aug. 8, 1946, to include deposits of potassium. SAVINGS CLAUSE Savings clause, see note under section 181 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 262, 281, 282, 283, 284, 287 of this title. § 286. Disposition of royalties and rents from potassium leases. All money received from royalties and rentals from any lease issued or renewed under the provisions of the Act entitled "An Act to authorize exploration for and disposition of potassium", approved October 2, 1917, shall be paid into, reserved, and appropriated as follows: 521⁄2 per centum to the Reclamation Fund, 10 per centum to the Treasury of the United States as miscellaneous receipts, and 371⁄2 per centum shall be paid by the Secretary of the Treasury, after the expiration of each fiscal year, to the State within the boundaries of which the leased lands or deposits are or were located, such money to be used by such State or subdivision thereof for the construction and maintenance of public roads or for the support of schools or other public educational institutions, as the legislature of the State may direct. (Feb. 7, 1927, ch. 66, § 6, 44 Stat. 1058; June 1, 1948, ch. 356, 62 Stat. 279.) REFERENCES IN TEXT The Act entitled "An Act to authorize exploration for and disposition of potassium" approved October 2, 1917, referred to in text, was formerly classified to sections 141-152 of this title and repealed by act Feb. 7, 1927, ch. 66, § 6, 44 Stat. 1058. CODIFICATION Section is composed of the second sentence of section 6 of act Feb. 7, 1927, as added by act June 1, 1948. The first sentence of section 6 repealed former setions 141-152 of this title and did not affect pending applications for permits or leases filed prior to Jan. 1. 1926, or valid claims existent on Feb. 7, 1927, and thereafter maintained in compliance with the laws under which initiated, which claims could be perfected under such laws, including discovery. Section was not enacted as a part of Mineral Lands Leasing Act which is classified to this chapter. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 262, 281, 282, 283, 284, 285, 287 of this title. § 287. Extension of prospecting permits. Any prospecting permit issued under sections 281 to 287 of this title may be extended by the Secretary of the Interior for a period not exceeding two years, upon a showing of satisfactory cause. (Feb. 7, 1927, ch. 66, § 7, as added May 7, 1932, ch. 174, 47 Stat. 151.) CODIFICATION Section was not enacted as a part of Mineral Lands Leasing Act which is classified to this chapter. SECTION REFERRED TO IN OTHER SECTIONS |
