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30 U.S.C. § 214 — Use of surface of other public lands; acreage; forest lands exception

submitted 106 years ago by ch. 85 to r/title-30-MINERAL-LANDS-AND-MINING · 83 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person holding a mining lease or permit under sections 211 to 214 can use nearby public land that isn't part of their lease. They may use up to eighty acres if the Secretary decides it's needed to extract, treat, or remove minerals — but this doesn't apply to national forest land.

If someone holds a lease or permit issued under sections 211 to 214 of this title, they have the right to use the surface of other public land nearby. That land must be unappropriated and unentered — meaning nobody else has claimed or settled it — and it must not already be part of the person's own lease or permit. The Secretary decides how much of this extra land the person actually needs to extract, treat, and remove the mineral deposits, but the total can't be more than eighty acres. This right does not apply to land inside a national forest.
the actual law source: uscode.house.gov ↗public domain

The holder of any lease or permit issued under the provisions of sections 211 to 214 of this title shall have the right to use so much of the surface of unappropriated and unentered public lands not a part of his lease or permit, not exceeding eighty acres in area, as may be determined by the Secretary to be necessary or convenient for the extraction, treatment, and removal of the mineral deposits, but this provision shall not be applicable to national forest lands.

Source credit: (Feb. 25, 1920, ch. 85, § 12, 41 Stat. 441; June 3, 1948, ch. 379, § 5, 62 Stat. 291; Pub. L. 86–391, § 1(b), Mar. 18, 1960, 74 Stat. 8.)

history & why it existsrecord from the source credit
  • 1920Enacted · Act of Feb. 25, 1920, ch. 85 · 41 Stat. 441
  • 1948Amended · Act of June 3, 1948, ch. 379 · 62 Stat. 291
  • 1960Amended · Pub. L. 86-391 · 74 Stat. 8

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

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