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30 U.S.C. § 186Reservation of easements or rights-of-way for working purposes; reservation of right to dispose of surface of lands; determination before offering of lease; easement periods

submitted 106 years ago by ch. 85 to r/title-30-MINERAL-LANDS-AND-MINING · 206 words · no verdicts yet

in plain englishAI-generated · not legal advice

Every mining lease under this law keeps certain rights for the Secretary of the Interior. The Secretary can allow shared easements and rights-of-way for mining work and other public uses. The Secretary can also keep the right to sell or lease the surface land separately.

This section applies to any permit, lease, occupation, or use allowed under this chapter (mining leases on federal land). Every such lease must reserve certain rights for the Secretary of the Interior. The Secretary can allow easements or rights-of-way — including tunnels — through the leased land, on terms the Secretary decides are fair. These can be for joint or shared use. They can be used for working the leased deposits or nearby ones, for shipping and treating the mined products (by the government or its lessees), and for other public purposes. The Secretary can also choose, when granting a lease, to keep the government's right to later lease, sell, or otherwise dispose of the surface land — as long as the lessee doesn't need that surface to dig out and remove the minerals. If the Secretary wants to keep that right, it must be decided before the lease is offered. While the lease is active, the Secretary can issue permits for the easements described above.
the actual law source: uscode.house.gov ↗public domain

Any permit, lease, occupation, or use permitted under this chapter shall reserve to the Secretary of the Interior the right to permit upon such terms as he may determine to be just, for joint or several use, such easements or rights-of-way, including easements in tunnels upon, through, or in the lands leased, occupied, or used as may be necessary or appropriate to the working of the same, or of other lands containing the deposits described in this chapter, and the treatment and shipment of the products thereof by or under authority of the Government, its lessees, or permittees, and for other public purposes. The Secretary of the Interior, in his discretion, in making any lease under this chapter, may reserve to the United States the right to lease, sell, or otherwise dispose of the surface of the lands embraced within such lease under existing law or laws hereafter enacted, insofar as said surface is not necessary for use of the lessee in extracting and removing the deposits therein. If such reservation is made it shall be so determined before the offering of such lease. The said Secretary, during the life of the lease, is authorized to issue such permits for easements herein provided to be reserved.

Source credit: (Feb. 25, 1920, ch. 85, § 29, 41 Stat. 449.)

history & why it existsrecord from the source credit
  • 1920Enacted · Act of Feb. 25, 1920, ch. 85 · 41 Stat. 449

A history note hasn’t been published yet. The record shows enactment by ch. 85 on 1920-02-25.

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