30 U.S.C. § 186

Reservation of easements or rights-of-way for working purposes; reservation of right to dispose of surface of lands; determination before offering of lease; easement periods

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Any permit, lease, occupation, or use permitted under this chapter shall reserve to the Secretary of the Interior the right to permit upon such terms as he may determine to be just, for joint or several use, such easements or rights-of-way, including easements in tunnels upon, through, or in the lands leased, occupied, or used as may be necessary or appropriate to the working of the same, or of other lands containing the deposits described in this chapter, and the treatment and shipment of the products thereof by or under authority of the Government, its lessees, or permittees, and for other public purposes. The Secretary of the Interior, in his discretion, in making any lease under this chapter, may reserve to the United States the right to lease, sell, or otherwise dispose of the surface of the lands embraced within such lease under existing law or laws hereafter enacted, insofar as said surface is not necessary for use of the lessee in extracting and removing the deposits therein. If such reservation is made it shall be so determined before the offering of such lease. The said Secretary, during the life of the lease, is authorized to issue such permits for easements herein provided to be reserved.

Notes of Decisions

Cited in 2 cases, 1954–1980 · leading case: Alyeska Pipeline Serv. Co. v. United States, 224 Ct. Cl. 240 (Ct. Cl. 1980).

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Alyeska Pipeline Serv. Co. v. United States, 224 Ct. Cl. 240 (Ct. Cl. 1980). “The government contends, however, that the governing statute is not the Independent Offices Appropriation Act but the following provision of the 1973 amendment to the Mineral Leasing Act ( 30 U.S.C. § 186 (0(1976)): The applicant for a right-of-way or permit shall reimburse the…”

Murphy Corp. v. Fontenot, 73 So. 2d 180 (La. 1954). “” The present lease was not made under the Federal Leasing Act of February 25, 1920, 30 U.S.C.A. § 186 et seq., but the lease itself, especially Section 2(7) (K), incorporates many provisions of that statute.”

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