30 U.S.C. § 352 : US Code - Section 352: Deposits subject to lease; consent of department heads; lands excluded

Search 30 U.S.C. § 352 : US Code - Section 352: Deposits subject to lease; consent of department heads; lands excluded

Except where lands have been acquired by the United States for
the development of the mineral deposits, by foreclosure or
otherwise for resale, or reported as surplus pursuant to the
provisions of the Surplus Property Act of October 3, 1944 (50
U.S.C., sec. 1611 and the following), all deposits of coal,
phosphate, oil, oil shale, gilsonite (including all vein-type solid
hydrocarbons), 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 contained 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 Secretary of Defense, to a governmental entity
(including any corporation primarily acting as an agency or
instrumentality of a State) which produces 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 department, independent establishment, or
instrumentality 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
conditions 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 construed, 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 within the
jurisdiction of the United States of America.