30 U.S.C. § 352 — Deposits subject to lease; consent of de-

Page 95 TITLE 30—MINERAL LANDS AND MINING § 352 1 See References in Text note below. Statutory Notes and Related Subsidiaries SHORT TITLE Act Aug. 7, 1947, ch. 513, § 1, 61 Stat. 913, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Mineral Leasing Act for Acquired Lands’.’’ OUTER CONTINENTAL SHELF LANDS; DEFINITION Definition of ‘‘outer Continental Shelf’’ with respect to jurisdiction of United States, and mineral leases on submerged lands of such shelf, see section 1331 et seq. of Title 43, Public Lands. Executive Documents ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accom- plished Jan. 3, 1959, on 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. § 352. Deposits subject to lease; consent of de- partment heads; lands excluded Except where lands have been acquired by the United States for the development of the min- eral deposits, by foreclosure or otherwise for re- sale, or reported as surplus pursuant to the pro- visions of the Surplus Property Act of October 3, 1944 (50 U.S.C., sec. 1611 and the following),1 all deposits of coal, phosphate, oil, oil shale, gil- sonite (including all vein-type solid hydro- carbons), gas, sodium, potassium, and sulfur which are owned or may hereafter be acquired by the United States and which are within the lands acquired by the United States (exclusive of such deposits in such acquired lands as are (a) situated within incorporated cities, towns and villages, national parks or monuments, or (b) tidelands or submerged lands) may be leased by the Secretary under the same conditions as con- tained in the leasing provisions of the mineral leasing laws, subject to the provisions hereof. Coal or lignite under acquired lands set apart for military or naval purposes may be leased by the Secretary, with the concurrence of the Sec- retary of Defense, to a governmental entity (in- cluding any corporation primarily acting as an agency or instrumentality of a State) which pro- duces electrical energy for sale to the public if such governmental entity is located in the State in which such lands are located. The provisions of subchapter VIII of chapter 3A of this title shall apply to deposits of sulfur covered by this chapter wherever situated. No mineral deposit covered by this section shall be leased except with the consent of the head of the executive de- partment, independent establishment, or instru- mentality having jurisdiction over the lands containing such deposit, or holding a mortgage or deed of trust secured by such lands which is unsatisfied of record, and subject to such condi- tions as that official may prescribe to insure the adequate utilization of the lands for the primary purposes for which they have been acquired or are being administered: Provided, That nothing in this chapter is intended, or shall be con- strued, to apply to or in any manner affect any mineral rights, exploration permits, leases or conveyances nor minerals that are or may be in any tidelands; or submerged lands; or in lands underlying the three mile zone or belt involved in the case of the United States of America against the State of California now pending on application for rehearing in the Supreme Court of the United States; or in lands underlying such three mile zone or belt, or the continental shelf, adjacent or littoral to any part of the land with- in the jurisdiction of the United States of Amer- ica. (Aug. 7, 1947, ch. 513, § 3, 61 Stat. 914; Pub. L. 94–377, § 12, Aug. 4, 1976, 90 Stat. 1090; Pub. L. 97–78, § 1(9)(b), Nov. 16, 1981, 95 Stat. 1072.) Editorial Notes REFERENCES IN TEXT The Surplus Property Act of October 3, 1944, referred to in text, is act Oct. 3, 1944, ch. 479, 58 Stat. 765, which was classified principally to sections 1611 to 1646 of the former Appendix to Title 50, War and National Defense, and was repealed, effective July 1, 1949, with the excep- tion of sections 1622, 1631, 1637, and 1641 of the former Appendix to Title 50 by act June 30, 1949, ch. 288, title VI, § 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were partially repealed by the 1949 act, and section 1622 was editorially reclassified and is set out as a note under section 545 of Title 40, Public Buildings, Property, and Works. Section 1622(g) was repealed and reenacted as sections 47151 to 47153 of Title 49, Transportation, by Pub. L. 103–272, §§ 1(e), 7(b), July 5, 1994, 108 Stat. 1278–1280, 1379. Section 1631 was repealed by act June 7, 1939, ch. 190, § 6(e), as added by act July 23, 1946, ch. 590, 60 Stat. 599, and is covered by sections 98 et seq. of Title 50. Section 1637 was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes and Criminal Procedure. Provisions of section 1641 not repealed by the 1949 act were repealed by Pub. L. 87–256, § 111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter 33 (§ 2451 et seq.) of Title 22, Foreign Relations and Intercourse. The pro- visions of the Surplus Property Act of 1944 originally repealed by the 1949 act were covered by provisions of the 1949 act which were classified to chapter 10 (§ 471 et seq.) of former Title 40, Public Buildings, Property, and Works, and which were repealed and reenacted by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title 40. Subchapter VIII (§ 271 et seq.) of chapter 3A of this title, referred to in text, was in the original a reference to the provisions of the Act of April 17, 1926 (44 Stat. 301), as heretofore or hereafter amended. The application for rehearing in the case of the United States of America against the State of Cali- fornia, referred to in text, was denied on Oct. 13, 1947, by the Supreme Court of the United States. See 68 S. Ct. 37, 332 U.S. 787, 92 L. Ed. 370. AMENDMENTS 1981—Pub. L. 97–78 inserted reference to gilsonite (in- cluding all vein-type solid hydrocarbons). 1976—Pub. L. 94–377 substituted ‘‘or (b)’’ for ‘‘(b) set apart for military or naval purposes, or (c)’’ and in- serted provision allowing the Secretary, with the con- currence of the Secretary of Defense, to lease coal or lignite under lands set aside for military purposes to a governmental entity which produces electrical energy for sale to the public if such governmental entity is lo- cated in the State in which such lands are located. Statutory Notes and Related Subsidiaries OUTER CONTINENTAL SHELF; LEASES Grant by Secretary of the Interior of oil, gas, and other mineral leases on submerged lands of outer Con- 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, the Secretary is authorized to lease the interest of the United States in any such mineral depos- its when, in the judgment of the Secretary, the public interest will be best served thereby; sub- ject, however, to the provisions of section 352 of this title. 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 de- posits 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. (Aug. 7, 1947, ch. 513, § 5, 61 Stat. 914.) § 355. Disposition of receipts (a) Subject to the provisions of section 35(b) of the Mineral Leasing Act (30 U.S.C. 191(b)), all re- ceipts derived from leases issued under the au- thority of this chapter shall be paid into the same funds or accounts in the Treasury and shall be distributed in the same manner as pre- scribed for other receipts from the lands affected by the lease, the intention of this provision being that this chapter shall not affect the dis- tribution of receipts pursuant to legislation ap- plicable 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 spe- cial 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 mili- tary or naval purposes, except the naval petro- leum 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), in the case of receipts from sales, bonuses, royalties, and rent- als of the public lands under that Act [30 U.S.C. 181 et seq.]. (b) Notwithstanding any other provision of law, any payment to a State under this section shall be made by the Secretary of the Interior and shall be made not later than the last busi- ness day of the month following the month in which such moneys or associated reports are re- ceived by the Secretary of the Interior, which- ever is later. The preceding sentence shall also apply to any payment to a State derived from a lease for mineral resources issued by the Sec- retary of the Interior under section 520 of title 16. The Secretary shall pay interest to a State on any amount not paid to the State within that time at the rate prescribed under section 1721 1 of this title from the date payment was required to be made under this subsection until the date payment is made. (Aug. 7, 1947, ch. 513, § 6, 61 Stat. 915; Pub. L. 97–94, § 1, Dec. 17, 1981, 95 Stat. 1205; Pub. L. 102–486, title XXV, § 2506(a), Oct. 24, 1992, 106 Stat. 3106; Pub. L. 103–66, title X, § 10202(a), Aug. 10, 1993, 107 Stat. 408; Pub. L. 107–76, title VII, § 751(e)(2), Nov. 28, 2001, 115 Stat. 739.) Editorial Notes REFERENCES IN TEXT The Mineral Leasing Act, referred to in subsec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, which is classified generally to chapter 3A (§ 181 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 181 of this title and Tables. Section 1721 of this title, referred to in subsec. (b), was in the original ‘‘section 111 of the Federal Oil and Gas Royalty Management Act of 1982’’, which enacted section 1721 of this title and amended section 191 of this title. AMENDMENTS 2001—Subsec. (b). Pub. L. 107–76 inserted after first sentence ‘‘The preceding sentence shall also apply to any payment to a State derived from a lease for min- eral resources issued by the Secretary of the Interior under section 520 of title 16.’’ 1993—Subsec. (a). Pub. L. 103–66 substituted ‘‘Subject to the provisions of section 35(b) of the Mineral Leasing