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16 U.S.C. § 441hJurisdiction of mining and mineral rights; patents

submitted 74 years ago by ch. 244 to r/title-16-CONSERVATION · 121 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law covers land removed from Badlands National Park. Land taken out of the park by Secretarial order goes under the Agriculture Secretary's control, following farm-tenant law. That land stays open to mining and mineral leasing, and transfers require a patent from the Interior Secretary.

This section handles land that gets removed from Badlands National Park. When the Secretary of the Interior issues an order (or orders) eliminating federal land from the park, administrative control over that land transfers to the Secretary of Agriculture. That land is then used, managed, and disposed of under title III of the Bankhead-Jones Farm Tenant Act, along with the related provisions of title IV of that same Act. There's a condition for lands that came from the public domain: any such land that was formerly set apart and reserved from the public domain remains subject to the mining laws and the mineral-leasing laws — meaning private parties can still mine or lease minerals there. There's a second condition too: whenever any of these formerly public-domain lands are disposed of — sold, transferred, or otherwise conveyed — that disposal must be documented through a patent (a formal land grant) issued by the Secretary of the Interior.
the actual law source: uscode.house.gov ↗public domain

Administrative jurisdiction over all Federal lands eliminated from the park, by the issuance of an order or orders of the Secretary of the Interior, is transferred to the Secretary of Agriculture for use, administration, and disposition in accordance with the provisions of title III of the Bankhead-Jones Farm Tenant Act [7 U.S.C. 1010 et seq.] and the related provisions of title IV thereof: Provided, That all of such lands formerly set apart and reserved from the public domain shall be subject to the mining and minerals-leasing laws: And provided further, That any disposition of any such lands formerly set apart and reserved from the public domain shall be evidenced by patents issued by the Secretary of the Interior.

Source credit: (May 7, 1952, ch. 244, § 3, 66 Stat. 65; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of May 7, 1952, ch. 244 · 66 Stat. 65
  • 1978Amended · Pub. L. 95-625 · 92 Stat. 3521

A history note hasn’t been published yet. The record shows enactment by ch. 244 on 1952-05-07.

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