30 U.S.C. § 211

Phosphate deposits

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(a) Authorization to lease land; terms and conditions; acreage

The Secretary of the Interior is authorized to lease to any applicant qualified under this chapter, through advertisement, competitive bidding, or such other methods as he may by general regulations adopt, any phosphate deposits of the United States, and lands containing such deposits, including associated and related minerals, when in his judgment the public interest will be best served thereby. The lands shall be leased under such terms and conditions as are herein specified, in units reasonably compact in form of not to exceed two thousand five hundred and sixty acres.

(b) Prospecting permits; issuance; term; acreage; entitlement to lease

Where prospecting or exploratory work is necessary to determine the existence or workability of phosphate deposits in any unclaimed, undeveloped area, the Secretary of the Interior is authorized to issue, to any applicant qualified under this chapter, a prospecting permit which shall give the exclusive right to prospect for phosphate deposits, including associated minerals, for a period of two years, for not more than two thousand five hundred and sixty acres; and if prior to the expiration of the permit the permittee shows to the Secretary that valuable deposits of phosphate have been discovered within the area covered by his permit, the permittee shall be entitled to a lease for any or all of the land embraced in the prospecting permit.

Any phosphate permit issued under this section may be extended by the Secretary for such an additional period, not in excess of four years, as he deems advisable, if he finds that the permittee has been unable, with reasonable diligence, to determine the existence or workability of phosphate deposits in the area covered by the permit and desires to prosecute further prospecting or exploration, or for other reasons warranting such an extension in the opinion of the Secretary.

(Feb. 25, 1920, ch. 85, § 9, 41 Stat. 440; June 3, 1948, ch. 379, § 2, 62 Stat. 290; Pub. L. 86–391, § 1(a), Mar. 18, 1960, 74 Stat. 7.)Editorial NotesAmendments

1960—Pub. L. 86–391 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

1948—Act June 3, 1948, included provision limiting amount of land in lease.

Notes of Decisions

Cited in 9 cases, 1971–2011 · leading case: Greater Yellowstone Coalition v. Larson, 641 F. Supp. 2d 1120 (D. Idaho 2009).

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Greater Yellowstone Coalition v. Larson, 641 F. Supp. 2d 1120 (D. Idaho 2009). · cites it 5× “30 U.S.C. § 211 (a). With respect to areas in which the existence or workability of phosphate deposits is unknown, the Secretary of the Interior may issue a prospecting permit.”

Greater Yellowstone Coalition v. Lewis, 628 F.3d 1143 (9th Cir. 2011). · cites it 2× “The United States Bureau of Land Management ("BLM") has jurisdiction over all phosphate mining leases on public land, see 30 U.S.C. § 211 , and the United States Forest Service has the authority to provide a special use permit in furtherance of mining operations where such…”

Kerr-McGee Corp. v. Hodel, 630 F. Supp. 621 (D.D.C. 1986). · cites it 3× “The key to the issuance of a phosphate lease is governed by an interpretation of the phrase “valuable deposit of phosphate” within the meaning of the Mineral Leasing Act, 30 U.S.C. § 211 (b). From 1960 and extending through 1970, the determination as to whether a phosphate…”

Kerr-McGee Corp. v. United States, 36 Fed. Cl. 776 (Fed. Cl. 1996). · cites it 2× “The applications were made pursuant to Section 211(b) of the Mineral Lands Leasing Act, 30 U.S.C. § 211 (b), and the Mineral Leasing Act for Acquired Lands, 30 U.”

Hannifin v. Morton, 444 F.2d 200 (10th Cir. 1971). “In connection with the legislation authorizing the Secretary to issue prospecting permits for phosphate deposits, 30 U.S.C. § 211 (b) (adopted in 1960), there is no mention made of the Secretary’s power to require rental payments.”

Utah Int'l, Inc. v. Andrus, 488 F. Supp. 962 (D. Utah 1979). “” 30 U.S.C. §§ 211 (phosphates), 223 (oil and gas), 262 (sodium), 272 (sulphur), 282 (potash).”

Kerr-McGee Corp. v. United States, 32 Fed. Cl. 43 (Fed. Cl. 1994). “30 U.S.C. § 211 (b) (emphasis added). The Mineral Leasing Act applies on its face only to lands in the public domain, that is, lands that have been continuously in federal ownership.”

Kerr-McGee Corp. v. Hodel, 840 F.2d 68 (D.C. Cir. 1988). “Those permits were issued pursuant to section 9(b) of the Mineral Lands Leasing Act, 30 U.S.C. § 211 (b) (1982), which provides that a permittee who shows that “valuable deposits of phosphate have been discovered within the area covered by his permit .”

Greater Yellowstone v. Lewis (9th Cir. 2010). “The United States Bureau of Land Management (“BLM”) has jurisdiction over all phosphate mining leases on public land, see 30 U.S.C. § 211 , and the United States Forest Service has the authority to provide a special use permit in furtherance of mining operations where such…”

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