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),11 See References in Text note below. 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.
Notes of Decisions
Griffin & Griffin Expl., LLC v. United States, 116 Fed. Cl. 163 (Fed. Cl. 2014).
“30 U.S.C. § 352 . Lessees receive permits to drill on those lands only after the Forest Service approves the operator’s surface use plan of operations.”
Arkla Expl. Co. v. Watt, 548 F. Supp. 466 (W.D. Ark. 1982).
· cites it 3× “30 U.S.C. § 352 . Pursuant to the exclusion of military lands, Department of the Interior regulations tracked the exclusion and prohibited any mineral leasing on military lands.”
Shell Oil Co. v. Sec'y, 683 So. 2d 1204 (La. 1996).
“30 U.S.C. § 352 . The 1976 amendments removed that exclusion, thereby bringing military bases within the coverage of the Act.”
Kerr-McGee Corp. v. Hodel, 630 F. Supp. 621 (D.D.C. 1986).
· cites it 2× “For acquired lands, lands that have been either granted or sold to the United States, the source of mineral leasing authority stems from the Mineral Leasing Act for Acquired Lands, 30 U.S.C. § 352 . That section provides in relevant part: No mineral deposit covered by this…”
Kerr-McGee Corp. v. United States, 32 Fed. Cl. 43 (Fed. Cl. 1994).
· cites it 2× “30 U.S.C. § 352 . Under the Mineral Leasing Act, a permit-tee is entitled to a lease if it has found a “valuable deposit” of phosphate.”
Kerr-McGee Corp. v. United States, 36 Fed. Cl. 776 (Fed. Cl. 1996).
“In addition, pursuant to 30 U.S.C. § 352 , the United States Secretary of Agriculture, as the “head of the executive department .”
Oxy USA, Inc. v. Babbitt, 230 F.3d 1178 (10th Cir. 2000).
“§ 226 , lands acquired by the federal government, see 30 U.S.C. § 352 , and the submerged lands of the Outer Continental Shelf.”
California Co. v. Seaton, 187 F. Supp. 445 (D.D.C. 1960).
“” 30 U.S.C.A. § 352 . Because this was an acquired land lease, the Secretary of the Interior could not negotiate the lease without the approval of the executive department or independent establishment (The Bureau of Land Management, in this case) having jurisdiction over the…”
Wasserman v. Udall, 234 F. Supp. 651 (D.D.C. 1964).
· cites it 2× “Plaintiff alleges that an adverse decision of the Secretary of the Interior as to the priority of Plaintiff’s offer to lease the land v/as arbitrary and capricious, as plaintiff was the person first making proper application for a non-competitive lease of said lands, and who is…”
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