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16 U.S.C. § 410jAcquisition of land, water, and interests therein; consent of owner; reservations

submitted 68 years ago by Pub. L. 85-482 to r/title-16-CONSERVATION · 419 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can only buy land for Everglades National Park within the boundary set in another section. Landowners inside that boundary, but outside the older park area, may keep their oil, gas, and mineral rights for a set time. That reservation can extend automatically, and afterward owners may keep a right to standard royalties until 1985.

Since July 2, 1958, the Secretary of the Interior's power to buy land for Everglades National Park has been limited. The Secretary may only buy land and water within the boundary described in section 410i of this title. Despite anything said in section 410 or any other law, the Secretary is allowed, on and after July 2, 1958, to buy land, water, and related interests — by purchase or other means — within the boundary set out in sections 410i through 410p, using any funds made available for that purpose. There's a special rule for land inside the park boundary (section 410i) but outside the older area described in sections 410e through 410h. Owners of that land — including owners of oil, gas, and mineral rights or royalties, and their heirs, executors, administrators, successors, and assigns — can choose to keep certain rights when they sell or lose their land: (1) They can reserve all oil, gas, and mineral rights until October 9, 1967. This includes the right to lease the minerals, explore for them, produce them, store them, and remove them from the land. (2) If, by October 9, 1967, oil, gas, or other minerals are being produced in commercial amounts anywhere in that boundary/outside-area zone, the reservation period in (1) automatically stretches out. It keeps going, for every owner in that zone, for as long as commercial production continues anywhere in the zone — even if the production isn't happening on that particular owner's land. To use this reservation, owners (and their lessees, agents, employees, and assigns) may enter and leave the land as needed to do the work. (3) Once the reserved rights under (1) and (2) end, owners get one more reservation: the right to collect the customary royalty rate, based on the rate in effect at the time, on any oil, gas, or minerals produced from the land before January 1, 1985 — but only if the federal government or its assigns ever authorizes that production.
the actual law source: uscode.house.gov ↗public domain

The authority of the Secretary of the Interior to acquire land and water for Everglades National Park shall on and after July 2, 1958 be restricted to the area within the boundary described in section 410i of this title. Notwithstanding the proviso contained in section 410 of this title, or any other provision of law, the said Secretary is authorized on and after July 2, 1958, within the boundary fixed in sections 410i to 410p of this title and with any funds made available for that purpose, to acquire land, water, and interests therein by purchase or otherwise.

The authority to acquire land, water, and interests therein within the park boundary fixed in section 410i of this title but outside the area designated in sections 410e to 410h of this title, is further subject to the right of retention by the owners thereof, including owners of interests in oil, gas, and mineral rights or royalties, and by their heirs, executors, administrators, successors, and assigns, at their election of the following:

(1) The reservation until October 9, 1967, 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;

(2) In the event that on or before said date, oil, gas, or other minerals are being produced in commercial quantities anywhere within the boundary fixed in section 410i of this title but outside the area designated in sections 410e to 410h of this title, the time of the reservation provided in subsection (1) above shall automatically extend for all owners within said boundary and outside of said area 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 and outside of said area. To exercise this reservation, the owners, their lessees, agents, employees, and assigns shall have such right of ingress to and egress from such land and water as may be necessary; and

(3) After the termination of the reserved rights of owners as set forth in subsections (1) and (2) of this section, 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 land and water at any time before January 1, 1985, should production ever be authorized by the Federal Government or its assigns.

Source credit: (Pub. L. 85–482, § 2, July 2, 1958, 72 Stat. 284; Pub. L. 91–428, § 2, Sept. 26, 1970, 84 Stat. 885.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-482 · 72 Stat. 284
  • 1970Amended · Pub. L. 91-428 · 84 Stat. 885

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-482 on 1958-07-02.

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