30 U.S.C. § 360 — Authority to manage certain mineral leases

Page 97 TITLE 30—MINERAL LANDS AND MINING § 360 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). 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 Treas- ury of the United States and disposed of in the same manner as provided under section 35 of the Act of Feb- ruary 25, 1920, in the case of receipts from sales, bo- nuses, royalties, and rentals of the public lands under that Act. Statutory Notes and Related Subsidiaries 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 re- spect to leases entered into after January 1, 1981.’’ OUTER CONTINENTAL SHELF; REVENUES FROM LEASES Disposition of revenues from leases on submerged lands of outer Continental Shelf, see sections 1337(g) and 1338 of Title 43, Public Lands. § 356. Furnishing description of lands and title documents; recordation of documents; au- thenticated copies Upon request by the Secretary, the heads of all executive departments, independent estab- lishments, or instrumentalities having jurisdic- tion 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 doc- uments in the possession of such agencies con- cerning 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, where- upon 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 origi- nals, in the discretion of the agency concerned. (Aug. 7, 1947, ch. 513, § 7, 61 Stat. 915.) Statutory Notes and Related Subsidiaries 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, in- cluding 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 pend- ing 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 Au- gust 7, 1947, and such rights shall be governed by the law in effect at the time of their acquisition; 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.) Statutory Notes and Related Subsidiaries OUTER CONTINENTAL SHELF; JURISDICTION OF UNITED STATES; VALIDATION OF PRIOR LEASES 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. § 359. Rules and regulations The Secretary of the Interior is authorized to prescribe such rules and regulations as are nec- essary 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.) Editorial Notes REFERENCES IN TEXT For definition of ‘‘mineral leasing laws’’, see section 351 of this title. Statutory Notes and Related Subsidiaries 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 al- ternative bidding systems authorized for award of Fed- eral leases, establishment of diligence requirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of pro- cedures, terms, and conditions for acquisition and dis- position 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 ac- quired by the United States with one or more Page 98 TITLE 30—MINERAL LANDS AND MINING § 401 existing mineral lease shall transfer to the Sec- retary of the Interior the authority to admin- ister 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 au- thority 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 payable to the United States under the lease in the same manner as such provisions apply to re- ceipts derived from leases issued under the au- thority of this chapter. For purposes of this sec- tion, the term ‘‘existing mineral lease’’ means any lease in existence at the time land is ac- quired by the United States. Nothing in this sec- tion 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. Establishment of research laboratory; duties. 402. Acquisition of lands and property; utilization of voluntary services; cooperation with other Federal, State, and private agencies. 403. Repealed. 404. Establishment of an advisory committee; composition and appointment. § 401. Establishment of research laboratory; du- ties 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 re- gion 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 assist- ance 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 oper- ations and other matters relating to problems of the lignite industry. (Mar. 25, 1948, ch. 146, § 1, 62 Stat. 85.) Editorial Notes 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. Statutory Notes and Related Subsidiaries 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, in- cluding plumbing, lighting, heating, general service, and experimental equipment and apparatus, the nec- essary 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 subsist- ence.’’ § 402. Acquisition of lands and property; utiliza- tion 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 Mines, is authorized to acquire land and inter- ests therein, and to accept in the name of the United States donations of any property, real or personal, and to utilize voluntary or uncompen- sated 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 in- stitutions, counties, municipalities, business or other organizations, corporations, associations, universities, scientific societies, and individ- uals, upon such terms and conditions as he may prescribe. (Mar. 25, 1948, ch. 146, § 2, 62 Stat. 85.) Statutory Notes and Related Subsidiaries 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, re- quired Secretary of the Interior, acting through Bureau of Mines, to report to Congress on activities, expendi- tures, 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 mem- bers to exercise consultative functions, when re- quired by the Secretary, in connection with the administration of this chapter. The said com- mittee 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 Inte- rior without regard to the civil-service laws. (Mar. 25, 1948, ch. 146, § 4, 62 Stat. 85.) Statutory Notes and Related Subsidiaries 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. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year