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30 U.S.C. § 354 — Lease of partial or future interests in de-
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 354
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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
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 181
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 181
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** All money received from sales, bonuses, royalties including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982 [[30 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1701&num=0&edition=prelim) et seq.], and rentals of the public lands under the provisions of this chapter and the Geothermal Steam Act of 1970 [[30 U.S.C. 1001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1001&num=0&edition=prelim) et seq.], shall be paid into the Treasury of the United States; and, subject to the provisions of subsection (b), 50 per centum thereof shall be paid by the Secretary of the Treasury to the State other than Alaska within the boundaries of which the leased lands or deposits are or were located; said moneys paid to any of such States on or after January 1, 1976, to be used by such State and its subdivisions, as the legislature of the State may direct giving priority to those subdivisions of the State socially or economically impacted by development of minerals leased under this chapter, for (i) planning, (ii) construction and maintenance of public facilities, and (iii) provision of public service; and excepting those from Alaska, 40 per centum thereof shall be paid into, reserved, appropriated, as part of the reclamation fund created by the Act of Congress known as the Reclamation Act, approved June 17, 1902, and of those from Alaska, 90 per centum thereof shall be paid to the State of Alaska for disposition by the legislature thereof: Provided, That all moneys which may accrue to the United States under the provisions of this chapter and the Geothermal Steam Act of 1970 from lands within the naval petroleum reserves shall be deposited in the Treasury as “m
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 191
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Federal law — U.S. Code and appendices · legal_authorities
Page 54
TITLE 30—MINERAL LANDS AND MINING
§ 189
(Nov. 28, 1943, ch. 329, 57 Stat. 593; 1946 Reorg.
Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60
Stat. 1100.)
Editorial Notes
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.
Executive Documents
TRANSFER OF FUNCTIONS
‘‘Bureau of Land Management’’ substituted in text
for ‘‘General Land Office’’ on authority of Reorg. Plan
No. 3 of 1946, § 403, set out in the Appendix to Title 5,
Government Organization and Employees.
§ 189. Rules and regulations; boundary lines;
State rights unaffected; taxation
The Secretary of the Interior is authorized to
prescribe necessary and proper rules and regula-
tions and to do any and all things necessary to
carry out and accomplish the purposes of this
chapter, also to fix and determine the boundary
lines of any structure, or oil or gas field, for the
purposes of this chapter. Nothing in this chapter
shall be construed or held to affect the rights of
the States or other local authority to exercise
any rights which they may have, including the
right to levy and collect taxes upon improve-
ments, output of mines, or other rights, prop-
erty, or assets of any lessee of the United
States.
(Feb. 25, 1920, ch. 85, § 32, 41 Stat. 450.)
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, an
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 191
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 354
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