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, 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 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