30 U.S.C. § 602 — Bidding; advertising and other notice; con-

Page 114 TITLE 30—MINERAL LANDS AND MINING § 601 Sec. SUBCHAPTER II—MINING LOCATIONS 611. Common varieties of sand, stone, gravel, pumice, pumicite, or cinders, and petrified wood. 612. Unpatented mining claims. 613. Procedure for determining title uncertain- ties. 614. Waiver of rights. 615. Limitation of existing rights. SUBCHAPTER I—DISPOSAL OF MATERIALS ON PUBLIC LANDS § 601. Rules and regulations governing disposal of materials; payment; removal without charge; lands excluded The Secretary, under such rules and regula- tions as he may prescribe, may dispose of min- eral materials (including but not limited to common varieties of the following: sand, stone, gravel, pumice, pumicite, cinders, and clay) and vegetative materials (including but not limited to yucca, manzanita, mesquite, cactus, and tim- ber or other forest products) on public lands of the United States, including, for the purposes of this subchapter, land described in subchapter V of chapter 28 of title 43, if the disposal of such mineral or vegetative materials (1) is not other- wise expressly authorized by law, including, but not limited to, subchapter I of chapter 8A of title 43, and the United States mining laws, and (2) is not expressly prohibited by laws of the United States, and (3) would not be detrimental to the public interest. Such materials may be disposed of only in accordance with the provi- sions of this subchapter and upon the payment of adequate compensation therefor, to be deter- mined by the Secretary: Provided, however, That, to the extent not otherwise authorized by law, the Secretary is authorized in his discretion to permit any Federal, State, or Territorial agen- cy, unit or subdivision, including municipalities, or any association or corporation not organized for profit, to take and remove, without charge, materials and resources subject to this sub- chapter, for use other than for commercial or in- dustrial purposes or resale. Where the lands have been withdrawn in aid of a function of a Federal department or agency other than the department headed by the Secretary or of a State, Territory, county, municipality, water district or other local governmental subdivision or agency, the Secretary may make disposals under this subchapter only with the consent of such other Federal department or agency or of such State, Territory, or local governmental unit. Nothing in this subchapter shall be con- strued to apply to lands in any national park, or national monument or to any Indian lands, or lands set aside or held for the use or benefit of Indians, including lands over which jurisdiction has been transferred to the Department of the Interior by Executive order for the use of Indi- ans. As used in this subchapter, the word ‘‘Sec- retary’’ means the Secretary of the Interior ex- cept that it means the Secretary of Agriculture where the lands involved are administered by him for national forest purposes or for the pur- poses of title III of the Bankhead-Jones Farm Tenant Act [7 U.S.C. 1010 et seq.] or where with- drawn for the purpose of any other function of the Department of Agriculture. (July 31, 1947, ch. 406, § 1, 61 Stat. 681; July 23, 1955, ch. 375, § 1, 69 Stat. 367.) Editorial Notes REFERENCES IN TEXT Subchapter V (§ 1181a et seq.) of chapter 28 of title 43, referred to in text, was in the original a reference to the Acts of Aug. 28, 1937 (50 Stat. 874), and June 24, 1954 (68 Stat. 270). For complete classification of these Acts to the Code, see Tables. Subchapter I (§ 315 et seq.) of chapter 8A of title 43, referred to in text, was in the original a reference to the Act of June 28, 1934 (48 Stat. 1269), known as the Taylor Grazing Act. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 315 of Title 43 and Tables. The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517, 50 Stat. 522. Title III of such Act is classified generally to subchapter III (§ 1010 et seq.) of chapter 33 of Title 7, Agriculture. For complete classification of this Act to the Code, see sec- tion 1000 of Title 7 and Tables. AMENDMENTS 1955—Act July 23, 1955, required disposal under this subchapter of common varieties of sand, stone, gravel, pumice, pumicite, and cinders, and gave the Secretary of Agriculture the same authority as to lands under his jurisdiction as the Secretary of Interior possesses as to lands under his jurisdiction in the disposal of mining and vegetative materials. Statutory Notes and Related Subsidiaries SHORT TITLE Act July 31, 1947, ch. 406, 61 Stat. 681, as amended, which is classified to this subchapter, is popularly known as the ‘‘Materials Act of 1947’’. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior related to compliance with materials sales contracts under this subchapter and removal permits issued under this subchapter and enforcement functions of Secretary or other official in Department of Agriculture insofar as they involve lands and programs under jurisdiction of that Depart- ment related to compliance with removal of materials under this subchapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas trans- ferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), (f), 203(a), eff. July 1, 1979, 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func- tions and authority vested in Secretary of Energy sub- sequently transferred to Federal Coordinator for Alas- ka Natural Gas Transportation Projects by section 720d(f) of Title 15. § 602. Bidding; advertising and other notice; con- ditions for negotiation of contract (a) The Secretary shall dispose of materials under this subchapter to the highest responsible qualified bidder after formal advertising and 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.