30 U.S.C. § 601

Rules and regulations governing disposal of materials; payment; removal without charge; lands excluded

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The Secretary, under such rules and regulations as he may prescribe, may dispose of mineral materials (including but not limited to common varieties of the following: sand, stone, gravel, pumice, pumicite, cinders, and clay) and vegetative materials (including but not limited to yucca, manzanita, mesquite, cactus, and timber or other forest products) on public lands of the United States, including, for the purposes of this subchapter, land described in subchapter V of chapter 28 of title 43, if the disposal of such mineral or vegetative materials (1) is not otherwise expressly authorized by law, including, but not limited to, subchapter I of chapter 8A of title 43, and the United States mining laws, and (2) is not expressly prohibited by laws of the United States, and (3) would not be detrimental to the public interest. Such materials may be disposed of only in accordance with the provisions of this subchapter and upon the payment of adequate compensation therefor, to be determined by the Secretary: Provided, however, That, to the extent not otherwise authorized by law, the Secretary is authorized in his discretion to permit any Federal, State, or Territorial agency, unit or subdivision, including municipalities, or any association or corporation not organized for profit, to take and remove, without charge, materials and resources subject to this subchapter, for use other than for commercial or industrial purposes or resale. Where the lands have been withdrawn in aid of a function of a Federal department or agency other than the department headed by the Secretary or of a State, Territory, county, municipality, water district or other local governmental subdivision or agency, the Secretary may make disposals under this subchapter only with the consent of such other Federal department or agency or of such State, Territory, or local governmental unit. Nothing in this subchapter shall be construed to apply to lands in any national park, or national monument or to any Indian lands, or lands set aside or held for the use or benefit of Indians, including lands over which jurisdiction has been transferred to the Department of the Interior by Executive order for the use of Indians. As used in this subchapter, the word “Secretary” means the Secretary of the Interior except that it means the Secretary of Agriculture where the lands involved are administered by him for national forest purposes or for the purposes of title III of the Bankhead-Jones Farm Tenant Act [7 U.S.C. 1010 et seq.] or where withdrawn for the purpose of any other function of the Department of Agriculture.

Notes of Decisions

Cited in 34 cases, 1963–2015 · leading case: Copar Pumice Co., Inc. v. Tidwell, 603 F.3d 780 (10th Cir. 2010).

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Copar Pumice Co., Inc. v. Tidwell, 603 F.3d 780 (10th Cir. 2010). · cites it 5× “681 (1947) (codified as amended at 30 U.S.C. § 601 et seq.), to provide a method for their disposal.”

Watt v. W. Nuclear, Inc., 462 U.S. 36 (1983). · cites it 4× “681 , § 1, as amended, 30 U. S. C. § 601 , which provides in pertinent part that "[t]he Secretary [of the Interior], under such rules and regulations as he may prescribe, may dispose of mineral materials (including but not limited to common varieties of the following: sand,…”

Manning v. United States, 146 F.3d 808 (10th Cir. 1998). · cites it 4× “§§ 2671-2680 ; (3) a number of the district court’s factual findings are clearly erroneous; (4) a number of the district court's legal conclusions are contrary to law; (5) the district court erred in determining that the Multiple Use Mining Act of 1955, 30 U.S.C. § 601 , et…”

California Coastal Comm'n v. Granite Rock Co., 480 U.S. 572 (1987). · cites it 2× “367 , 30 U. S. C. § 601 et seq., which provided that the Federal Government would retain and manage the surface resources of subsequently located unpatented mining claims.”

Copar Pumice Co., Inc. v. United States, 112 Fed. Cl. 515 (Fed. Cl. 2013). · cites it 3× “30 U.S.C. § 601 (2012); Tidwell, 603 F.3d at 785-86 .”

Chugach Natives, Inc. v. Doyon, Ltd., 588 F.2d 723 (9th Cir. 1978). · cites it 6× “30 U.S.C. § 601 (1976). 16 For purposes of this analysis, we may assume that “subsurface estate” is, as Doyon asserts, coextensive with “mineral estate.”

The Wilderness Soc'y v. Rogers C. B. Morton, Sec'y of the Interior, 479 F.2d 842 (D.C. Cir. 1973). · cites it 2× “” Finally, the application for a free use permit for gravel rests upon 30 U.S.C. § 601 (1970) which authorizes the Secretary of the Interior to dispose of mineral materials including gravel.”

Baker v. United States, 613 F.2d 224 (9th Cir. 1980). · cites it 2× “; 30 U.S.C. §§ 601 , 611 et seq. Section 3 of this Act specifically provided that: “[a] deposit of common varieties of sand, stone, gravel, pumice, pumicite, or cinders shall not be deemed a valuable mineral deposit within the meaning of the mining laws of the United States so…”

Trs. for Alaska v. State, 736 P.2d 324 (Alaska 1987). “30 U.S.C. § 601 (1982). 15 . Act of May 10, 1872, ch.”

New West Materials LLC v. Interior Bd. of Land Appeals, 398 F. Supp. 2d 438 (E.D. Va. 2005). · cites it 3× “” Materials Act of 1947, 30 U.S.C. § 601 . This plain indication of Congress’ understanding of whether sand and gravel were minerals occurred just eight years after the STA was originally passed and seven years before the STA’s reservation was amended to include the word “all,”…”

United States v. Coleman, 390 U.S. 599 (1968). “681 , 30 U. S. C. § 601 , which provides for the sale of such materials without disposing of the land on which they are found.”

United States v. Union Oil Co. of California, 549 F.2d 1271 (9th Cir. 1977). “Appellees also rely upon a Department of Interior memorandum from Edward Fischer, Acting Solicitor, to the Director of Bureau of Land Management, stating that geothermal steam is not a “mineral material” for the purposes of the Mineral Act of 1947, 30 U.S.C. § 601 . Dep’t…”

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