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43 U.S.C. § 387 — Removal of sand, gravel, etc.; leases, easements, etc.
Federal law — U.S. Code and appendices · legal_authorities
The Secretary, in his discretion, may (a) permit the removal, from lands or interests in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project, of sand, gravel, and other minerals and building materials with or without competitive bidding: Provided, That removals may be permitted without charge if for use by a public agency in the construction of public roads or streets within any project or in its immediate vicinity; and (b) grant leases and licenses for periods not to exceed fifty years, and easements or rights-of-way with or without limitation as to period of time affecting lands or interest in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project: Provided, That, if a water users’ organization is under contract obligation for repayment on account of the project or division involved, easements or rights-of-way for periods in excess of twenty-five years shall be granted only upon prior written approval of the governing board of such organization. Such permits or grants shall be made only when, in the judgment of the Secretary, their exercise will not be incompatible with the purposes for which the lands or interests in lands are being administered, and shall be on such terms and conditions as in his judgment will adequately protect the interests of the United States and the project for which said lands or interests in lands are being administered.
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Stable record: federal_law:legal_authorities:record_usc_fa25d77ba1346ca8b5d7e2a7
Source file: Laws/federal/codes/united-states-code/title-43/section-387-removal-of-sand-gravel-etc-leases-easements-etc--6a91c0f635.md
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Source location: Title 43, Chapter 12, § 387; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md
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The Secretary, in his discretion, may (a) permit the removal, from lands or interests in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project, of sand, gravel, and other minerals and building materials with or without competitive bidding: Provided, That removals may be permitted without charge if for use by a public agency in the construction of public roads or streets within any project or in its immediate vicinity; and (b) grant leases and licenses for periods not to exceed fifty years, and easements or rights-of-way with or without limitation as to period of time affecting lands or interest in lands withdrawn or acquired and being administered under the Federal reclamation laws in connection with the construction or operation and maintenance of any project: Provided, That, if a water users’ organization is under contract obligation for repayment on account of the project or division involved, easements or rights-of-way for periods in excess of twenty-five years shall be granted only upon prior written approval of the governing board of such organization. Such permits or grants shall be made only when, in the judgment of the Secretary, their exercise will not be incompatible with the purposes for which the lands or interests in lands are being administered, and shall be on such terms and conditions as in his judgment will adequately protect the interests of the United States and the project for which said lands or interests in lands are being administered.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter—
**(a)** The term “Federal reclamation laws” shall mean the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto.
**(b)** The term “Secretary” shall mean the Secretary of the Interior.
**(c)** The term “project” shall mean any reclamation or irrigation project, including incidental features thereof, authorized by the Federal reclamation laws, or constructed by the United States pursuant to said laws, or in connection with which there is a repayment contract executed by the United States, pursuant to said laws, or any project constructed or operated and maintained by the Secretary through the Bureau of Reclamation for the reclamation of arid lands or other purposes.
**(d)** The term “construction charges” shall mean the amounts of principal obligations payable to the United States under water-right applications, repayment contracts, orders of the Secretary, or other forms of obligation entered into pursuant to the Federal reclamation laws, excepting amounts payable for water rental or power charges, operation and maintenance and other yearly service charges, and excepting also any other operation and maintenance, interest, or other charges which are not covered into the principal sums of the construction accounts of the Bureau of Reclamation.
**(e)** The term “repayment contract” shall mean any contract providing for payment of construction charges to the United States.
**(f)** The term “project contract unit” shall mean a project or any substantial area of a project which is covered or is proposed to be covered by a repayment contract. On any project where two or more repayment contracts in part cover the same area and in part different areas, the area covered by each such repayment contract shall
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 485a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Withdrawal from location, entry, and patent under Federal mining laws; removal of minerals** The lands within the recreation area, subject to valid existing rights, are withdrawn from location, entry, and patent under the United States mining laws. Under such regulations as he deems appropriate, the Secretary shall permit the removal of the nonleasable minerals from lands or interests in lands within the national recreation area in the manner prescribed by [section 387 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section387&num=0&edition=prelim), and he shall permit the removal of leasable minerals from lands or interests in lands within the recreation area in accordance with the Mineral Leasing Act of February 25, 1920, as amended ([30 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section181&num=0&edition=prelim) et seq.), or the Acquired Lands Mineral Leasing Act of August 7, 1947 ([30 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section351&num=0&edition=prelim) et seq.), if he finds that such disposition would not have significant adverse effects on the Glen Canyon project or on the administration of the national recreation area pursuant to this subchapter.
**(b) Disposition of funds from permits and leases** All receipts derived from permits and leases issued on lands in the recreation area under the Mineral Leasing Act of February 25, 1920, as amended [[30 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section181&num=0&edition=prelim) et seq.], or the Act of August 7, 1947 [[30 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section351&num=0&edition=prelim) et seq.], shall be disposed o
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460dd–2
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Recreation, conservation, and resource development** The White Mountains National Recreation area established by this Act shall be administered by the Secretary in order to provide for public outdoor recreation use and enjoyment and for the conservation of the scenic, scientific, historic, fish and wildlife, and other values contributing to public enjoyment of such area. Except as otherwise provided in this Act, the Secretary shall administer the recreation area in a manner which in his judgment will best provide for (1) public outdoor recreation benefits; (2) conservation of scenic, scientific, historic, fish and wildlife, and other values contributing to public enjoyment; and (3) such management, utilization, and disposal of natural resources and the continuation of such existing uses and developments as will promote, or are compatible with, or do not significantly impair public recreation and conservation of the scenic, scientific, historic, fish and wildlife, or other values contributing to public enjoyment. In administering the recreation area, the Secretary may utilize such statutory authorities available to him for the conservation and management of natural resources as he deems appropriate for recreation and preservation purposes and for resource development compatible therewith.
**(b) Withdrawal of lands from selection and mining; exceptions** The lands within the recreation area, subject to valid existing rights, are hereby withdrawn from State selection under the Alaska Statehood Act or other law, and from location, entry, and patent under the United States mining laws. The Secretary under such reasonable regulations as he deems appropriate, may permit the removal of the nonleasable minerals from lands or interests in lands within the recreation area i
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460mm–4
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Federal law — U.S. Code and appendices · legal_authorities
The lands within the recreation area, subject to valid existing rights, are hereby withdrawn from location, entry, and patent under the United States mining laws. The Secretary of the Interior, under such regulations as he deems appropriate, may permit the removal of the nonleasable minerals from lands or interests in lands under his jurisdiction within the recreation area in the manner prescribed by [section 387 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section387&num=0&edition=prelim), and from those under the jurisdiction of the Secretary of Agriculture within the recreation area in accordance with the provisions of [section 192c of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section192c&num=0&edition=prelim), and he may permit the removal of leasable minerals from lands or interests in lands within the recreation area in accordance with the Mineral Leasing Act of February 25, 1920, as amended [[30 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section181&num=0&edition=prelim) et seq.], or the Acquired Lands Mineral Leasing Act of August 7, 1947 [[30 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section351&num=0&edition=prelim) et seq.], if he finds that such disposition would not have significant adverse effects on the purposes of the Central Valley project or the administration of the recreation area: Provided, That any lease or permit respecting such minerals in lands administered by the Secretary of Agriculture shall be issued only with his consent and subject to such conditions as he may prescribe.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460q–5
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Federal law — U.S. Code and appendices · legal_authorities
The lands within the recreation area, subject to valid existing rights, are hereby withdrawn from location, entry, and patent under the United States mining laws. The Secretary of the Interior, under such regulations as he deems appropriate, may permit the removal of the nonleasable minerals from lands or interests in lands within the recreation area in the manner prescribed by [section 387 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section387&num=0&edition=prelim), and he may permit the removal of leasable minerals from lands or interests in lands within the recreation area in accordance with the Mineral Leasing Act of February 24, 1920,11 So in original. Probably should be “February 25, 1920,”. as amended [[30 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section181&num=0&edition=prelim) et seq.], or the Acquired Lands Mineral Leasing Act of August 7, 1947 [[30 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section351&num=0&edition=prelim) et seq.], if he finds that such disposition would not have significant adverse effects on the purposes of the Colorado River storage project and the Secretary of Agriculture finds that such disposition would not have significant adverse effects on the purposes of the recreation area: Provided, That any lease or permit respecting such minerals in the recreation area shall be issued only with the consent of the Secretary of Agriculture and subject to such conditions as he may prescribe.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460v–4
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Statement of purposes; utilization of authorities for administration of national park system and for conservation and management of natural resources** The Secretary shall administer the recreation areas in a manner which in his judgment will best provide for (1) public outdoor recreation benefits and (2) conservation of scenic, scientific, historic, and other values contributing to public enjoyment. Within that portion of the Lake Chelan National Recreation Area which is not designated as wilderness, such management, utilization, and disposal of renewable natural resources and the continuation of existing uses and developments as will promote, or are compatible with, or do not significantly impair public recreation and conservation of the scenic, scientific, historic, or other values contributing to public enjoyment, are authorized. In administering the recreation areas, the Secretary may utilize such statutory authorities pertaining to the administration of the national park system, and such statutory authorities otherwise available to him for the conservation and management of natural resources as he deems appropriate for recreation and preservation purposes and for resource development compatible therewith. Within the Ross Lake National Recreation Area the removal and disposal of trees within power line rights-of-way are authorized as necessary to protect transmission lines, towers, and equipment;”: 11 So in original. Provided, That to the extent practicable, such removal and disposal of trees shall be conducted in such a manner as to protect scenic viewsheds.
**(b) Lands withdrawn from location, entry, and patent under mining laws; removal of minerals** The lands within the recreation areas, subject to valid existing rights, are hereby withdrawn from all for
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 90c–1
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Federal law — U.S. Code and appendices · legal_authorities
Page 91
TITLE 43—PUBLIC LANDS
§ 388
quirements therefor, is authorized to make such
provision as he deems to be necessary and in the
public interest for the education of dependents
of persons employed on the actual construction
of projects or features of projects, by the Bureau
of Reclamation, in any cases in which he finds
that by reason of such construction activity, an
undue burden is, or will be cast upon the facili-
ties of the public-school districts serving the
areas in which construction is being under-
taken, and to pay for the same from any funds
available for the construction of said projects:
Provided, That the Secretary of the Interior
shall enter into cooperative arrangements with
local school districts wherein such features are
situated to contribute toward covering the cost
of furnishing the educational services required
for such dependents, or for the operation by
those school districts of Government facilities,
or for the expansion of local school facilities.
Such cost incurred hereunder shall be charged
to the project concerned and shall be repayable
in the same manner and to the same extent as
are its other costs of construction.
(June 29, 1948, ch. 733, § 1, 62 Stat. 1108.)
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with cer-
tain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
§ 385b. Repealed. Pub. L. 86–533, § 1(18), June 29,
1960, 74 Stat. 248
Section, act June 29, 1948, ch. 733, § 2, 62 Stat. 1108, re-
lated to reports to Congress of all activities undertaken
pursuant to
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 387
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