30 U.S.C. § 603 — Disposition of moneys from disposal of ma-

Page 115 TITLE 30—MINERAL LANDS AND MINING § 603 such other public notice as he deems appro- priate: Provided, however, That the Secretary may authorize negotiation of a contract for the disposal of materials if— (1) the contract is for the sale of less than two hundred fifty thousand board-feet of tim- ber; or, if (2) the contract is for the disposal of mate- rials to be used in connection with a public works improvement program on behalf of a Federal, State or local governmental agency and the public exigency will not permit the delay incident to advertising; or, if (3) the contract is for the disposal of prop- erty for which it is impracticable to obtain competition. (b) Repealed. Pub. L. 96–470, title I, § 102(a), Oct. 19, 1980, 94 Stat. 2237. (July 31, 1947, ch. 406, § 2, 61 Stat. 681; Pub. L. 87–689, § 1, Sept. 25, 1962, 76 Stat. 587; Pub. L. 94–273, § 20, Apr. 21, 1976, 90 Stat. 379; Pub. L. 96–470, title I, § 102(a), Oct. 19, 1980, 94 Stat. 2237.) Editorial Notes AMENDMENTS 1980—Subsec. (b). Pub. L. 96–470 struck out subsec. (b) which required a report to be made to Congress on Apr. 1 and Oct. 1 of each year of the contracts made under subsec. (a)(2) and (3) during the period since the date of the last report, which report was to name each pur- chaser, furnish the appraised value of the material in- volved, state the amount of each contract, and describe the circumstances leading to the determination that the contract should be entered into by negotiation in- stead of competitive bidding after formal advertising. 1976—Subsec. (b). Pub. L. 94–273 substituted ‘‘April’’ for ‘‘January’’ and ‘‘October’’ for ‘‘July’’. 1962—Pub. L. 87–689 designated existing provisions as subsec. (a), substituted therein provisions requiring the Secretary to dispose of materials after formal adver- tising and such other public notice as he deems appro- priate, and authorizing negotiation of a contract for the sale of less than 250,000 board-feet of timber, or for materials to be used in connection with public works improvement program for a Federal, State, or local governmental agency where the public exigency will not permit the delay of advertising, or for property for which it is impracticable to obtain competition, for provisions requiring publication of notice once a week for 4 consecutive weeks in a newspaper of general cir- culation, and competitive bidding, in cases where the value was in excess of $1,000, and permitting disposal upon such notice and in such manner as he prescribed where the value was $1,000 or less, and added subsec. (b). Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Sec- retary or other appropriate officer or entity in Depart- ments of Agriculture and the Interior under this sub- chapter to Federal Inspector of Office of Federal In- spector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Trans- portation Projects, see note set out under section 601 of this title. § 603. Disposition of moneys from disposal of ma- terials All moneys received from the disposal of ma- terials under this subchapter shall be disposed of in the same manner as moneys received from the sale of public lands, except that moneys re- ceived from the disposal of materials by the Sec- retary of Agriculture shall be disposed of in the same manner as other moneys received by the Department of Agriculture from the administra- tion of the lands from which the disposal of ma- terials is made, and except that revenues from the lands described in subchapter I of chapter 44 of title 43 and subchapter III of chapter 44 of title 43 shall be disposed of in accordance with said subchapters and except that moneys re- ceived from the disposal of materials from school section lands in Alaska, reserved under section 1 of the Act of March 4, 1915 (38 Stat. 1214), shall be set apart as separate and perma- nent funds in the Territorial Treasury, as pro- vided for income derived from said school sec- tion lands pursuant to said Act. (July 31, 1947, ch. 406, § 3, 61 Stat. 681; Aug. 31, 1950, ch. 830, 64 Stat. 571; July 23, 1955, ch. 375, § 2, 69 Stat. 368.) Editorial Notes REFERENCES IN TEXT Subchapter I of chapter 44 of title 43, referred to in text, was in the original a reference to act Aug. 28, 1937, ch. 876, 50 Stat. 874, which is classified principally to subchapter I (§ 2601 et seq.) of chapter 44 of Title 43, Public Lands. For complete classification of this Act to the Code, see Tables. Subchapter III of chapter 44 of title 43, referred to in text, was in the original a reference to act June 24, 1954, ch. 357, 68 Stat. 270, which is classified principally to subchapter III (§ 2631 et seq.) of chapter 44 of Title 43. For complete classification of this Act to the Code, see Tables. Act of March 4, 1915 (38 Stat. 1214), referred to in text, is act Mar. 4, 1915, ch. 181, 38 Stat. 1214. Section 1 of that Act, which made reservation of certain Alaska lands for educational purposes, covered disposition of proceeds or income derived from reserved lands, and set out the exclusion of certain lands, was classified to sec- tion 353 of Title 48, Territories and Insular Possessions, and was repealed by Pub. L. 85–508, § 6(k), July 7, 1958, 72 Stat. 343. For complete classification of this Act to the Code, see Tables. AMENDMENTS 1955—Act July 23, 1955, provided for the disposal of moneys received by the Secretary of Agriculture, and for the disposal of revenues from lands described in sub- chapters I and III of chapter 44 of title 43. 1950—Act Aug. 31, 1950, provided for setting apart as separate and permanent funds in the Territorial Treas- ury moneys received from disposal of materials from school section lands in Alaska. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Sec- retary or other appropriate officer or entity in Depart- ments of Agriculture and the Interior under this sub- chapter to Federal Inspector of Office of Federal In- spector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Trans- portation Projects, see note set out under section 601 of this title. ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accom- plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. Page 116 TITLE 30—MINERAL LANDS AND MINING § 604 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. § 604. Disposal of sand, peat moss, etc., in Alaska; contracts Subject to the provisions of this subchapter, the Secretary may dispose of sand, stone, grav- el, and vegetative materials located below highwater mark of navigable waters of the Ter- ritory of Alaska. Any contract, unexecuted in whole or in part, for the disposal under this sub- chapter of materials from land, title to which is transferred to a future State upon its admission to the Union, and which is situated within its boundaries, may be terminated or adopted by such State. (July 31, 1947, ch. 406, § 4, as added Aug. 31, 1950, ch. 830, 64 Stat. 572.) Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Sec- retary or other appropriate officer or entity in Depart- ments of Agriculture and the Interior under this sub- chapter to Federal Inspector of Office of Federal In- spector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Trans- portation Projects, see note set out under section 601 of this title. 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. SUBCHAPTER II—MINING LOCATIONS § 611. Common varieties of sand, stone, gravel, pumice, pumicite, or cinders, and petrified wood No deposit of common varieties of sand, stone, gravel, pumice, pumicite, or cinders and no de- posit of petrified wood shall be deemed a valu- able mineral deposit within the meaning of the mining laws of the United States so as to give effective validity to any mining claim hereafter located under such mining laws: Provided, how- ever, That nothing herein shall affect the valid- ity of any mining location based upon discovery of some other mineral occurring in or in associa- tion with such a deposit. ‘‘Common varieties’’ as used in this subchapter and sections 601 and 603 of this title does not include deposits of such materials which are valuable because the de- posit has some property giving it distinct and special value and does not include so-called ‘‘block pumice’’ which occurs in nature in pieces having one dimension of two inches or more. ‘‘Petrified wood’’ as used in this subchapter and sections 601 and 603 of this title means agatized, opalized, petrified, or silicified wood, or any ma- terial formed by the replacement of wood by silica or other matter. (July 23, 1955, ch. 375, § 3, 69 Stat. 368; Pub. L. 87–713, § 1, Sept. 28, 1962, 76 Stat. 652.) Editorial Notes AMENDMENTS 1962—Pub. L. 87–713 defined ‘‘petrified wood’’, and pro- vided that no deposit of petrified wood shall be deemed a valuable mineral deposit within the mining laws of the United States. Statutory Notes and Related Subsidiaries REGULATIONS FOR REMOVAL OF LIMITED QUANTITIES OF PETRIFIED WOOD Pub. L. 87–713, § 2, Sept. 28, 1962, 76 Stat. 652, provided that: ‘‘The Secretary of the Interior shall provide by regulation that limited quantities of petrified wood may be removed without charge from those public lands which he shall specify.’’ § 612. Unpatented mining claims (a) Prospecting, mining or processing operations Any mining claim hereafter located under the mining laws of the United States shall not be used, prior to issuance of patent therefor, for any purposes other than prospecting, mining or processing operations and uses reasonably inci- dent thereto. (b) Reservations in the United States to use of the surface and surface resources Rights under any mining claim hereafter lo- cated under the mining laws of the United States shall be subject, prior to issuance of pat- ent therefor, to the right of the United States to manage and dispose of the vegetative surface re- sources thereof and to manage other surface re- sources thereof (except mineral deposits subject to location under the mining laws of the United States). Any such mining claim shall also be subject, prior to issuance of patent therefor, to the right of the United States, its permittees, and licensees, to use so much of the surface thereof as may be necessary for such purposes or for access to adjacent land: Provided, however, That any use of the surface of any such mining claim by the United States, its permittees or li- censees, shall be such as not to endanger or ma- terially interfere with prospecting, mining or processing operations or uses reasonably inci- dent thereto: Provided further, That if at any time the locator requires more timber for his mining operations than is available to him from the claim after disposition of timber therefrom by the United States, subsequent to the location of the claim, he shall be entitled, free of charge, to be supplied with timber for such require- ments from the nearest timber administered by the disposing agency which is ready for har- vesting under the rules and regulations of that agency and which is substantially equivalent in kind and quantity to the timber estimated by the disposing agency to have been disposed of from the claim: Provided further, That nothing in this subchapter and sections 601 and 603 of this title shall be construed as affecting or intended to affect or in any way interfere with or modify the laws of the States which lie wholly or in part westward of the ninety-eighth meridian re- lating to the ownership, control, appropriation, use, and distribution of ground or surface waters within any unpatented mining claim. (c) Severance or removal of timber Except to the extent required for the mining claimant’s prospecting, mining or processing op-