US Code

Public Law 119-87 (04/30/2026)

30 U.S.C. § 352

Deposits subject to lease; consent of department heads; lands excluded

1

1 See References in Text note below.
ProvidedExcept 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 (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: , 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.

Aug. 7, 1947, ch. 513, § 3 61 Stat. 914 Pub. L. 94–377, § 1290 Stat. 1090 Pub. L. 97–78, § 1(9)(b)95 Stat. 1072 (, ; , , ; , , .)

Editorial Notes

References in Text

act Oct. 3, 1944, ch. 479 58 Stat. 765 act June 30, 1949, ch. 288, title VI, § 602(a)(1) 63 Stat. 399 Sept. 5, 1950, ch. 849, § 6(a) 64 Stat. 583 section 545 of Title 40Pub. L. 103–272108 Stat. 1278–1280 act June 7, 1939, ch. 190, § 6(e) act July 23, 1946, ch. 590 60 Stat. 599 act June 25, 1948, ch. 645, § 21 62 Stat. 862 section 3287 of Title 18Pub. L. 87–256, § 111(a)(1)75 Stat. 538 Pub. L. 107–217116 Stat. 1062 The Surplus Property Act of , referred to in text, is , , which was classified principally to sections 1611 to 1646 of the former Appendix to Title 50, War and National Defense, and was repealed, effective , with the exception of sections 1622, 1631, 1637, and 1641 of the former Appendix to Title 50 by , , renumbered , (b), . Sections 1622 and 1641 were partially repealed by the 1949 act, and section 1622 was editorially reclassified and is set out as a note under , Public Buildings, Property, and Works. Section 1622(g) was repealed and reenacted as sections 47151 to 47153 of Title 49, Transportation, by , §§ 1(e), 7(b), , , 1379. Section 1631 was repealed by , as added by , , and is covered by sections 98 et seq. of Title 50. Section 1637 was repealed by , , eff. , and is covered by , Crimes and Criminal Procedure. Provisions of section 1641 not repealed by the 1949 act were repealed by , , , and are covered by chapter 33 (§ 2451 et seq.) of Title 22, Foreign Relations and Intercourse. The provisions of the Surplus Property Act of 1944 originally repealed by the 1949 act were covered by provisions of the 1949 act which were classified to chapter 10 (§ 471 et seq.) of former Title 40, Public Buildings, Property, and Works, and which were repealed and reenacted by , §§ 1, 6(b), , , 1304, as chapters 1 to 11 of Title 40.

44 Stat. 301 Subchapter VIII (§ 271 et seq.) of chapter 3A of this title, referred to in text, was in the original a reference to the provisions of the Act of (), as heretofore or hereafter amended.

The application for rehearing in the case of the United States of America against the State of California, referred to in text, was denied on , by the Supreme Court of the United States. See 68 S. Ct. 37, 332 U.S. 787, 92 L. Ed. 370.

Amendments

Pub. L. 97–781981— inserted reference to gilsonite (including all vein-type solid hydrocarbons).

Pub. L. 94–3771976— substituted “or (b)” for “(b) set apart for military or naval purposes, or (c)” and inserted provision allowing the Secretary, with the concurrence of the Secretary of Defense, to lease coal or lignite under lands set aside for military purposes to a governmental entity which produces electrical energy for sale to the public if such governmental entity is located in the State in which such lands are located.

Statutory Notes and Related Subsidiaries

Outer Continental Shelf; Leases

Grant by Secretary of the Interior of oil, gas, and other mineral leases on submerged lands of outer Continental Shelf, see section 1331 et seq. of Title 43, Public Lands.