16 U.S.C. § 410e — Acquisition of additional lands; reservation of oil, gas, and mineral rights; reservation of royalty rights

submitted 77 years ago by ch. 659 to r/title-16-CONSERVATION · 340 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can buy more land for Everglades National Park within a boundary set by a 1944 deed. Owners who sell can keep their oil, gas, and mineral rights until October 9, 1958, longer if drilling is happening nearby, and can keep a right to royalties on any future production until January 1, 1985.

This section, in order to bring more land within a specific 1944 deed's boundary under federal ownership for Everglades National Park, lets the Secretary of the Interior buy land or land interests inside that boundary, using available funds. But owners (and their heirs, executors, or assigns) can keep certain rights if they choose: (1) Owners can keep all oil, gas, and mineral rights — including the right to lease, explore, produce, store, and remove them — until October 9, 1958. But if oil, gas, or other minerals are being produced in commercial amounts anywhere within the boundary by that date, the reservation automatically extends for every owner, no matter whose land the production is on, for as long as commercial production continues anywhere in the boundary. To use this right, owners (and their lessees, agents, employees, and assigns) get whatever access to the land they need. (2) After that reservation ends, owners keep a further right: if oil, gas, or other minerals are ever produced from the land — assuming the federal government or its assigns allow production — owners get the normal royalty rate in effect at the time of production, for any production happening before January 1, 1985.

the actual law source: uscode.house.gov ↗public domain

In order to consolidate the Federal ownership of lands within the boundary set forth in deed numbered 19035 executed December 28, 1944, by the trustees of the Internal Improvement Fund of the State of Florida, and accepted by the Secretary of the Interior on March 14, 1947, for Everglades National Park purposes, the said Secretary is authorized, within the aforesaid boundary and with any funds made available for that purpose, to procure lands or interests therein by purchase or otherwise, subject, however, to the right of retention by owners of lands, interests in lands, interests in oil, gas, and mineral rights, or royalties, their heirs, executors, administrators, successors, or assigns (hereinafter referred to as “owners”), at their election, of the following:

(1)

The reservation until October 9, 1958, of all oil, gas, and mineral rights or interests, including the right to lease, explore for, produce, store, and remove oil, gas, and other minerals from such lands: Provided, That if on or before said date, oil, gas, or other minerals are being produced in commercial quantities anywhere within the boundary set forth in aforesaid deed numbered 19035, then in that event the time of the reservation as set forth in this subsection shall automatically extend for all owners, regardless of whether such production is from land in which such owners have an interest, for so long as oil, gas, or other minerals are produced in commercial quantities anywhere within said boundary. To exercise this reservation, the owners, their lessees, agents, employees, and assigns shall have such right of ingress and egress to and from such lands as may be necessary; and

(2)

After the termination of the reserved rights of owners as set forth in subsection (1) hereof, a further reservation of the right to customary royalties, applying at the time of production, in any oil, gas, or other minerals which may be produced from such lands at any time before January 1, 1985, should production ever be authorized by the Federal Government or its assigns.

Source credit: (Oct. 10, 1949, ch. 659, § 1, 63 Stat. 733.)

history & why it existsrecord from the source credit

1949Enacted · Act of Oct. 10, 1949, ch. 659 · 63 Stat. 733

A history note hasn’t been published yet. The record shows enactment by ch. 659 on 1949-10-10.

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