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25 U.S.C. § 5504 — Existing rights of possession, contract, in-

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5504 — Existing rights of possession, contract, in-

Page 795 TITLE 25—INDIANS § 5505 Editorial Notes CODIFICATION Section was formerly classified to section 459a of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1983—Subsec. (a). Pub. L. 97–434 substituted ‘‘section 5501(a) of this title’’ for ‘‘section 5501 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97–434 effective Jan. 8, 1983, see section 1(c) of Pub. L. 97–434, set out as a note under section 5501 of this title. § 5503. Submarginal lands of United States held in trust for Stockbridge Munsee Indian Com- munity All of the right, title, and interest of the United States in all the minerals including gas and oil underlying the submarginal lands de- clared to be held in trust for the Stockbridge Munsee Indian Community by the Act of Octo- ber 9, 1972 (86 Stat. 795), are hereby declared to be held by the United States in trust for the Stockbridge Munsee Indian Community. (Pub. L. 94–114, § 3(a), Oct. 17, 1975, 89 Stat. 578.) Editorial Notes REFERENCES IN TEXT Act of October 9, 1972, referred to in text, is Pub. L. 92–480, Oct. 9, 1972, 86 Stat. 795, which was not classified to the Code. CODIFICATION Section is comprised of section 3(a) of Pub. L. 94–114. Section 3(b) of Pub. L. 94–114 repealed section 2 of Pub. L. 92–480, which related to claims offset involving the Stockbridge Munsee Indian Community and was not classified to the Code. Section 3(c) of Pub. L. 94–114 amended section 5 of Pub. L. 92–488, which related to claims offset involving the Burns Indian Colony and was not classified to the Code. Section was formerly classified to section 459b of this title prior to editorial reclassification and renumbering as this sec

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Page 795 TITLE 25—INDIANS § 5505 Editorial Notes CODIFICATION Section was formerly classified to section 459a of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1983—Subsec. (a). Pub. L. 97–434 substituted ‘‘section 5501(a) of this title’’ for ‘‘section 5501 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97–434 effective Jan. 8, 1983, see section 1(c) of Pub. L. 97–434, set out as a note under section 5501 of this title. § 5503. Submarginal lands of United States held in trust for Stockbridge Munsee Indian Com- munity All of the right, title, and interest of the United States in all the minerals including gas and oil underlying the submarginal lands de- clared to be held in trust for the Stockbridge Munsee Indian Community by the Act of Octo- ber 9, 1972 (86 Stat. 795), are hereby declared to be held by the United States in trust for the Stockbridge Munsee Indian Community. (Pub. L. 94–114, § 3(a), Oct. 17, 1975, 89 Stat. 578.) Editorial Notes REFERENCES IN TEXT Act of October 9, 1972, referred to in text, is Pub. L. 92–480, Oct. 9, 1972, 86 Stat. 795, which was not classified to the Code. CODIFICATION Section is comprised of section 3(a) of Pub. L. 94–114. Section 3(b) of Pub. L. 94–114 repealed section 2 of Pub. L. 92–480, which related to claims offset involving the Stockbridge Munsee Indian Community and was not classified to the Code. Section 3(c) of Pub. L. 94–114 amended section 5 of Pub. L. 92–488, which related to claims offset involving the Burns Indian Colony and was not classified to the Code. Section was formerly classified to section 459b of this title prior to editorial reclassification and renumbering as this section. § 5504. Existing rights of possession, contract, in- terest, etc. (a) Preservation; force and effect of mineral leases; rejection of pending applications for leases and return of advance rental pay- ments Nothing in this chapter shall deprive any per- son of any existing valid right of possession, contract right, interest, or title he may have in the land involved, or of any existing right of ac- cess to public domain lands over and across the land involved, as determined by the Secretary of the Interior. All existing mineral leases, includ- ing oil and gas leases, which may have been issued or approved pursuant to section 5 of the Mineral Leasing Act for Acquired Lands of Au- gust 7, 1947 (61 Stat. 913, 915) [30 U.S.C. 354], or the Mineral Leasing Act of 1920 (41 Stat. 437) [30 U.S.C. 181 et seq.], as amended prior to October 17, 1975, shall remain in force and effect in ac- cordance with the provisions thereof. All appli- cations for mineral leases, including oil and gas leases, pursuant to such Acts, pending on Octo- ber 17, 1975, and covering any of the minerals conveyed by sections 5501 and 5503 of this title shall be rejected and the advance rental pay- ments returned to the applicants. (b) Administration of lands Subject to the provisions of subsection (a) of this section, the property conveyed by this chapter shall hereafter be administered in ac- cordance with the laws and regulations applica- ble to property held in trust by the United States for Indian tribes, including but not lim- ited to sections 396a to 396g of this title. (Pub. L. 94–114, § 4, Oct. 17, 1975, 89 Stat. 578.) Editorial Notes REFERENCES IN TEXT The Mineral Leasing Act of 1920, referred to in sub- sec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified gen- erally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 181 of Title 30 and Tables. CODIFICATION Section was formerly classified to section 459c of this title prior to editorial reclassification and renumbering as this section. § 5505. Gross receipts from conveyed lands (a) Deposit to credit of tribe; nonapplicability Any and all gross receipts derived from, or which relate to, the property conveyed by this chapter, the Act of July 20, 1956 (70 Stat. 581), the Act of August 2, 1956 (70 Stat. 941), the Act of October 9, 1972 (86 Stat. 795), and section 1 of the Act of October 13, 1972 (86 Stat. 806) which were received by the United States subsequent to its acquisition by the United States under the statutes cited in section 5501 of this title and prior to such conveyance, from whatever source and for whatever purpose, including but not lim- ited to the receipts in the special fund of the Treasury as required by section 6 of the Mineral Leasing Act for Acquired Lands of August 7, 1947 (61 Stat. 913, 915) [30 U.S.C. 355], shall as of Octo- ber 17, 1975, be deposited to the credit of the In- dian tribe receiving such land and may be ex- pended by the tribe for such beneficial programs as the tribal governing body may determine: Provided, That this section shall not apply to any such receipts received prior to October 17, 1975, from the leasing of public domain minerals which were subject to the Mineral Leasing Act of 1920 (41 Stat. 437) [30 U.S.C. 181 et seq.], as amended and supplemented. (b) Administration of gross receipts All gross receipts (including but not limited to bonuses, rents, and royalties) hereafter derived by the United States from any contract, permit or lease referred to in section 5504(a) of this title, or otherwise, shall be administered in ac- cordance with the laws and regulations applica- ble to receipts from property held in trust by the United States for Indian tribes. (Pub. L. 94–114, § 5, Oct. 17, 1975, 89 Stat. 579.)

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5504 — Existing rights of possession, contract, interest, etc.

**(a) Preservation; force and effect of mineral leases; rejection of pending applications for leases and return of advance rental payments** Nothing in this chapter shall deprive any person of any existing valid right of possession, contract right, interest, or title he may have in the land involved, or of any existing right of access to public domain lands over and across the land involved, as determined by the Secretary of the Interior. All existing mineral leases, including oil and gas leases, which may have been issued or approved pursuant to section 5 of the Mineral Leasing Act for Acquired Lands of August 7, 1947 (61 Stat. 913, 915) [[30 U.S.C. 354](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section354&num=0&edition=prelim)], or the Mineral Leasing Act of 1920 (41 Stat. 437) [[30 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section181&num=0&edition=prelim) et seq.], as amended prior to October 17, 1975, shall remain in force and effect in accordance with the provisions thereof. All applications for mineral leases, including oil and gas leases, pursuant to such Acts, pending on October 17, 1975, and covering any of the minerals conveyed by sections 5501 and 5503 of this title shall be rejected and the advance rental payments returned to the applicants. **(b) Administration of lands** Subject to the provisions of subsection (a) of this section, the property conveyed by this chapter shall hereafter be administered in accordance with the laws and regulations applicable to property held in trust by the United States for Indian tribes, including but not limited to sections 396a to 396g of this title.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 181 — Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved

Deposits of coal, phosphate, sodium, potassium, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons), 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, approved March 1, 1911 (36 Stat. 961), 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 oil-shale 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.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 181 — Lands subject to disposition; persons enti-

Page 35 TITLE 30—MINERAL LANDS AND MINING § 181 Sec. SUBCHAPTER V—OIL SHALE 241. Leases of lands. 242. Oil shale claims. SUBCHAPTER VI—ALASKA OIL PROVISO 251. Leases to claimants of withdrawn lands; terms and conditions; acreage; annual rent- als and royalties; fraud of claimants. SUBCHAPTER VII—SODIUM 261. Prospecting permits; lands included; acreage. 262. Leases to permittees; survey of lands; royal- ties and annual rentals. 263. Permits to use or lease of nonmineral lands for camp sites, and other purposes; annual rentals; acreage. SUBCHAPTER VIII—SULPHUR 271. Prospecting permits; lands included; acreage. 272. Leases to permittees; privileges extended to oil and gas permittees. 273. Lease of lands not covered by permits or leases; acreage; rental. 274. Lands containing coal or other minerals. 275. Laws applicable. 276. Application of subchapter to Louisiana and New Mexico only. SUBCHAPTER IX—POTASH 281. Prospecting permits for chlorides, sulphates, carbonates, borates, silicates, or nitrates of potassium; authorization; acreage; lands af- fected. 282. Leases to permittees of lands showing valu- able deposits; royalty. 283. Lands containing valuable deposits not cov- ered by permits or leases; authority to lease; acreage; conditions; renewals; exemp- tions from rentals and royalties; suspension of operations. 284. Lands containing coal or other minerals in addition to potassium deposits; issuance of prospecting permits and leases; covenants in potassium leases. 285. Laws applicable. 286. Disposition of royalties and rents from potas- sium leases. 287. Extension of prospecting permits. SUBCHAPTER I—GENERAL PROVISIONS § 181. Lands subject to disposition; persons enti- tled to benefits; reciprocal privileges; heliu

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 354 — Lease of partial or future interests in deposits

Where the United States does not own all of the mineral deposits under any lands sought to be leased and which are affected by this chapter, the Secretary is authorized to lease the interest of the United States in any such mineral deposits when, in the judgment of the Secretary, the public interest will be best served thereby; subject, however, to the provisions of [section 352 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section352&num=0&edition=prelim). Where the United States does not own any interest or owns less than a full interest in the minerals that may be produced from any lands sought to be leased, and which are or will be affected by this chapter and where, under the provisions of its acquisition, the United States is to acquire all or any part of such mineral deposits in the future, the Secretary may lease any interest of the United States then owned or to be acquired in the future in the same manner as provided in the preceding sentence.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 354 — Lease of partial or future interests in de-

Page 96 TITLE 30—MINERAL LANDS AND MINING § 353 1 See References in Text note below. tinental Shelf, see section 1331 et seq. of Title 43, Public Lands. § 353. Sale of lands unaffected; reservation of mineral rights; sale subject to prior lease; naval petroleum reserves unaffected Nothing herein contained shall be deemed or construed to (a) amend, modify, or change any existing law authorizing or requiring the sale of acquired lands, or (b) empower any commission, bureau, or agency of the Government to make a reservation of the minerals in the sale of any ac- quired land: Provided, That any such sale or con- veyance of lands shall be made by the agency having jurisdiction thereof, subject to any lease theretofore made, covering the mineral deposits underlying such lands: Provided further, That nothing in this chapter is intended, or shall be construed to affect in any manner any provision of chapter 869 of title 10. (Aug. 7, 1947, ch. 513, § 4, 61 Stat. 914; Pub. L. 115–232, div. A, title VIII, § 809(i)(2), Aug. 13, 2018, 132 Stat. 1843.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 substituted ‘‘chapter 869 of title 10’’ for ‘‘the Act of June 30, 1938 (32 Stat. 1252), amend- ing the Act of June 4, 1920 (41 Stat. 813)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. § 354. Lease of partial or future interests in de- posits Where the United States does not own all of the mineral deposits under any lands sought to be leased and which are affected by this chapter

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 355 — Disposition of receipts

**(a)** Subject to the provisions of section 35(b) of the Mineral Leasing Act ([30 U.S.C. 191(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section191/b&num=0&edition=prelim)), all receipts derived from leases issued under the authority of this chapter shall be paid into the same funds or accounts in the Treasury and shall be distributed in the same manner as prescribed for other receipts from the lands affected by the lease, the intention of this provision being that this chapter shall not affect the distribution of receipts pursuant to legislation applicable to such lands: Provided, however, That receipts from leases or permits for minerals in lands set apart for Indian use, including lands the jurisdiction of which has been transferred to the Department of the Interior by the Executive order for Indian use, shall be deposited in a special fund in the Treasury until final disposition thereof by the Congress. Notwithstanding the preceding provisions of this section, all receipts derived from leases on lands acquired for military or naval purposes, except the naval petroleum reserves and national oil shale reserves, shall be paid into the Treasury of the United States and disposed of in the same manner as provided under section 35 of the Act of February 25, 1920 (41 Stat. 450; [30 U.S.C. 191](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section191&num=0&edition=prelim)), in the case of receipts from sales, bonuses, royalties, and rentals of the public lands under that Act [[30 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section181&num=0&edition=prelim) et seq.]. **(b)** Notwithstanding any other provision of law, any payment to a State under this section shall be made by the Secreta

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 355 — Disposition of receipts

Page 96 TITLE 30—MINERAL LANDS AND MINING § 353 1 See References in Text note below. tinental Shelf, see section 1331 et seq. of Title 43, Public Lands. § 353. Sale of lands unaffected; reservation of mineral rights; sale subject to prior lease; naval petroleum reserves unaffected Nothing herein contained shall be deemed or construed to (a) amend, modify, or change any existing law authorizing or requiring the sale of acquired lands, or (b) empower any commission, bureau, or agency of the Government to make a reservation of the minerals in the sale of any ac- quired land: Provided, That any such sale or con- veyance of lands shall be made by the agency having jurisdiction thereof, subject to any lease theretofore made, covering the mineral deposits underlying such lands: Provided further, That nothing in this chapter is intended, or shall be construed to affect in any manner any provision of chapter 869 of title 10. (Aug. 7, 1947, ch. 513, § 4, 61 Stat. 914; Pub. L. 115–232, div. A, title VIII, § 809(i)(2), Aug. 13, 2018, 132 Stat. 1843.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 substituted ‘‘chapter 869 of title 10’’ for ‘‘the Act of June 30, 1938 (32 Stat. 1252), amend- ing the Act of June 4, 1920 (41 Stat. 813)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. § 354. Lease of partial or future interests in de- posits Where the United States does not own all of the mineral deposits under any lands sought to be leased and which are affected by this chapter

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