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30 U.S.C. § 283Lands containing valuable deposits not covered by permits or leases; authority to lease; acreage; conditions; renewals; exemptions from rentals and royalties; suspension of operations

submitted 99 years ago by ch. 66 to r/title-30-MINERAL-LANDS-AND-MINING · 443 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior may lease public land with valuable mineral deposits, mostly potash, to companies. Leases run 20 years and can renew, with rent and royalty payments required. The Secretary can pause a lease's operations or adjust its terms under certain conditions.

Land that has valuable mineral deposits covered by this law — mainly potash and related minerals — but that no one has yet leased, stays open for the Secretary of the Interior to lease out. The Secretary picks how to award leases: through advertising, competitive bidding, or other methods set by regulation. Each leased area cannot be bigger than 2,560 acres. Every lease must require the lessee (the company that gets the lease) to pay a royalty. That royalty must be at least 2 percent of the amount or value of potassium compounds and other related products — but not sodium — measured at the point where they are shipped to market. The lessee must also pay rent in advance: 25 cents per acre for the first year, 50 cents per acre for years two through five, and $1 per acre every year after that. Whatever rent is paid in a year is credited against that year's royalty. A lease lasts 20 years, and it keeps going after that as long as the lessee follows its terms. At the end of each 20-year period, the Secretary of the Interior may reasonably adjust the lease's terms and conditions — unless some other law says otherwise by that time. Leases must require either a minimum amount of production each year, or payment of a minimum royalty instead. This requirement does not apply if production stops because of a strike, weather, or an accident that is not the lessee's fault. The Secretary may also let a lessee pause operations if market conditions are so bad that operating would only lose money. If a lessee already has a lease in good standing and applies before it expires, the Secretary must amend that lease to give it the same tenure and the same conditions — including the 20-year adjustment rule — as leases issued under this law. For a lease that comes from a prospecting permit, the Secretary may, at his discretion, exempt the leased area from rent above 25 cents per acre for the first 20 years after the lease is issued. The Secretary may also exempt production under that lease from any royalty above the minimum required by this law, for that same 20-year period.
the actual law source: uscode.house.gov ↗public domain

Lands known to contain valuable deposits enumerated in this subchapter and not covered by permits or leases shall be held subject to lease by the Secretary of the Interior through advertisement, competitive bidding, or such other methods as he may by general regulations adopt, and in such areas as he shall fix, not exceeding two thousand five hundred and sixty acres; all leases to be conditioned upon the payment by the lessee of such royalty as may be fixed in the lease, not less than 2 per centum of the quantity or gross value of the output of potassium compounds and other related products, except sodium, at the point of shipment to market, and the payment in advance of a rental of 25 cents per acre for the first calendar year or fraction thereof; 50 cents per acre for the second, third, fourth, and fifth years, respectively; and $1 per acre per annum thereafter during the continuance of the lease, such rental for any year being credited against royalties accruing for that year. Any lease issued under this subchapter shall be for a term of twenty years and so long thereafter as the lessee complies with the terms and conditions of the lease and upon the further condition that at the end of each twenty-year period succeeding the date of the lease such reasonable adjustment of the terms and conditions thereof may be made therein as may be prescribed by the Secretary of the Interior unless otherwise provided by law at the expiration of such periods. Leases shall be conditioned upon a minimum annual production or the payment of a minimum royalty in lieu thereof, except when production is interrupted by strikes, the elements, or casualties not attributable to the lessee. The Secretary of the Interior may permit suspension of operations under any such leases when marketing conditions are such that the leases cannot be operated except at a loss. The Secretary upon application by the lessee prior to the expiration of any existing lease in good standing shall amend such lease to provide for the same tenure and to contain the same conditions, including adjustment at the end of each twenty-year period succeeding the date of said lease, as provided for in this subchapter. In the discretion of the Secretary of the Interior the area involved in any lease resulting from a prospecting permit may be exempt from any rental in excess of 25 cents per acre for twenty years succeeding its issue, and the production of potassium compounds under such a lease may be exempt from any royalty in excess of the minimum prescribed in this subchapter for the same period.

Source credit: (Feb. 7, 1927, ch. 66, § 3, 44 Stat. 1057; June 3, 1948, ch. 379, § 9, 62 Stat. 292.)

history & why it existsrecord from the source credit
  • 1927Enacted · Act of Feb. 7, 1927, ch. 66 · 44 Stat. 1057
  • 1948Amended · Act of June 3, 1948, ch. 379 · 62 Stat. 292

A history note hasn’t been published yet. The record shows enactment by ch. 66 on 1927-02-07.

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