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30 U.S.C. § 124Agricultural entry or purchase of lands withdrawn or classified as containing sodium or sulphur

submitted 93 years ago by ch. 278 to r/title-30-MINERAL-LANDS-AND-MINING · 175 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets people claim public land marked as valuable for sodium or sulphur. They can do this under a 1914 law about mineral lands. But land over a mineral-rich area, or already leased, cannot be claimed. The Secretary of the Interior must first find the claim won't interfere with existing mining.

This section deals with public land that has been withdrawn, classified, or reported as valuable for sodium and/or sulphur. Normally, that kind of land can only be explored ("prospected"), leased, or developed under the General Leasing Act of February 25, 1920 (and any laws that amended or added to it, found at 30 U.S.C. 181 and following). This section says such land can still be appropriated, located, selected, entered, or purchased by settlers or claimants — but only if it is otherwise available, and only under the reservations, provisions, limitations, and conditions of an earlier law: the Act of Congress approved July 17, 1914 (38 Stat. L. 509, listed as 30 U.S.C. section 123). There is an important exception, marked "Provided, however" in the text. Land does not qualify for this kind of appropriation, location, selection, entry, or purchase if any of the following is true: the land lies within the geologic structure of a field (an underground mineral formation); the land has been withdrawn, classified, or reported as valuable for sodium, sulphur, or any other mineral named in this section or the related sections; or someone has already applied for, or been granted, a lease or prospecting permit to produce any of those minerals on the land. Even then, the Secretary of the Interior can still allow the appropriation, location, selection, entry, or purchase to happen — but only if the Secretary determines that doing so will not unreasonably interfere with mining or leasing operations already happening under those sections.
the actual law source: uscode.house.gov ↗public domain

Lands withdrawn, classified, or reported as valuable for sodium and/or sulphur and subject to prospecting, leasing, or development under the General Leasing Act of February 25, 1920, or Acts amendatory thereof or supplementary thereto [30 U.S.C. 181 et seq.], shall be subject to appropriation, location, selection, entry, or purchase if otherwise available in the form and manner and subject to the reservations, provisions, limitations, and conditions of the Act of Congress approved July 17, 1914 (38 Stat. L. 509; U.S.C., title 30, sec. 123); Provided, however, That lands lying within the geologic structure of a field, or withdrawn, classified, or reported as valuable for any of the minerals named herein and/or in any of said sections, or upon which leases or prospecting permits have been applied for or granted, for the production of any of such minerals, shall not be subject to such appropriation, location, selection, entry, or purchase unless it shall be determined by the Secretary of the Interior that such disposal will not unreasonably interfere with operations under said sections.

Source credit: (Mar. 4, 1933, ch. 278, 47 Stat. 1570.)

history & why it existsrecord from the source credit
  • 1933Enacted · Act of Mar. 4, 1933, ch. 278 · 47 Stat. 1570

A history note hasn’t been published yet. The record shows enactment by ch. 278 on 1933-03-04.

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