Title 30 — Mineral Lands and Mining
Chapter 3A — Leases and Prospecting Permits
§ 181. Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved
Statutory text
Deposits of coal, phosphate, sodium, potassium, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons), or gas, and lands containing such deposits owned by the United States, including those in national forests, but excluding lands acquired under the Appalachian Forest Act, approved (36 Stat. 961), and those in incorporated cities, towns, and villages and in national parks and monuments, those acquired under other Acts subsequent to , and lands within the naval petroleum and oil-shale reserves, except as hereinafter provided, shall be subject to disposition in the form and manner provided by this chapter to citizens of the United States, or to associations of such citizens, or to any corporation organized under the laws of the United States, or of any State or Territory thereof, or in the case of coal, oil, oil shale, or gas, to municipalities. Citizens of another country, the laws, customs, or regulations of which deny similar or like privileges to citizens or corporations of this country, shall not by stock ownership, stock holding, or stock control, own any interest in any lease acquired under the provisions of this chapter.
The term “oil” shall embrace all nongaseous hydrocarbon substances other than those substances leasable as coal, oil shale, or gilsonite (including all vein-type solid hydrocarbons).
The term “combined hydrocarbon lease” shall refer to a lease issued in a special tar sand area pursuant to section 226 of this title after .
The term “special tar sand area” means (1) an area designated by the Secretary of the Interior’s orders of (45 FR 76800–76801) and (46 FR 6077–6078) as containing substantial deposits of tar sand.
The United States reserves the ownership of and the right to extract helium from all gas produced from lands leased or otherwise granted under the provisions of this chapter, under such rules and regulations as shall be prescribed by the Secretary of the Interior: Provided further, That in the extraction of helium from gas produced from such lands it shall be so extracted as to cause no substantial delay in the delivery of gas produced from the well to the purchaser thereof, and that extraction of helium from gas produced from such lands shall maintain the lease as if the extracted helium were oil and gas.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Prohibition Act
Pub. L. 66–85 § 1 · 41 Stat. 305
Enacted · 30 U.S.C. § 181
Feb. 25, 1920, ch. 85, § 1, 41 Stat. 437
Source evidence
Code source credit
Feb. 25, 1920, ch. 85, § 1, 41 Stat. 437Enacted provision · exact public law section
Sec. 1. When used in Title II and Title III of this Act (1) The Terms construed. “Liquor” and “intoxicating liquor.” Beverages of designated alcoholic strength included. word “liquor” or the phrase “intoxicating liquor” shall be construed to include alcohol, brandy, whisky, rum, gin, beer, ale, porter, and wine, and in addition thereto any spirituous, vinous, malt, or fer-mented liquor, liquids, and compounds, whether medicated, proprietary, patented, or not, and by whatever name called, containing one-half of 1 per centum or more of alcohol by volume which are fit Proviso. Dealcoholized wine, near beer, etc., excepted. for use for beverage purposes: Provided, That the foregoing definition shall not extend to dealcoholized wine nor to any beverage or liquid produced by the process by which beer, ale, porter or wine is Conditions. Post, p. 318. produced, if it contains less than one-half of 1 per centum of alcohol by volume, and is made as prescribed in section 37 of this title, and is otherwise denominated than as beer, ale, or porter, and is contained and sold in, or from, such sealed and labeled bottles, casks, or containers as the commissioner may by regulation prescribe. (2) The word “person” shall mean and include natural persons, associations, copartnerships, and corporations. (3) The word “commissioner” shall mean Commissioner of Internal Revenue. (4) The term “application” shall mean a formal written request supported by a verified statement of facts showing that the commissioner may grant the request. (5) The term “permit” shall mean a formal written authorization by the commissioner setting forth specifically therein the things that are authorized. (6) The term “bond” shall mean an obligation authorized or required by or under this Act or any regulation, executed in such form and for such a penal sum as may be required by a court, the commissioner or prescribed by regulation. (7) The term “regulation’’ shall mean any regulation prescribed by the commissioner with the approval of the Secretary of the Treasury for carrying out the provisions of this Act, and the commissioner is authorized to make such regulations. Any act authorized to be done by the commissioner may be performed by any assistant or agent designated by him for that purpose. Records required to be filed with the commissioner may be filed with an assistant commissioner or other person designated by the commissioner to receive such records.Mineral Leasing Act Revision of 1960
Pub. L. 86–705 § 7(a) · 74 Stat. 781
Changed · 30 U.S.C. § 181
Pub. L. 86–705 included deposits of native asphalt, solid and semisolid bitumen, and bituminous rock
Source evidence
Code amendment note
Pub. L. 86–705 included deposits of native asphalt, solid and semisolid bitumen, and bituminous rock.Enacted provision · exact public law section
(a) Section 1 of the Act of February 25, 1920, as amended (30 U.S.C. 181), section 21 of said Act (30 U.S.C. 241), and section 34 of said Act 60 Stat. 950; 41 Stat. 445, 450. (30 U.S.C. 182) are amended by the insertion of the words “native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried)” immediately after the words “oil shale.” in the first Oil shale. sentence of each section. Section 21 of said Act (30 U.S.C. 241) is further amended by striking out the period at the end of the last sentence and adding these words “except that with respect to leases for native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried) no person, association, or corporation shall acquire or hold more than seven thousand six hundred eighty acres in any one State without respect to the number of leases.”Pub. L. 97–78 § 1(1) · 95 Stat. 1070
Substituted · 30 U.S.C. § 181
Pub. L. 97–78, in first par., substituted “gilsonite (including all vein-type solid hydrocarbons),” for “native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried)”
Added · 30 U.S.C. § 181
Pub. L. 97–78, in first par., added, after first par. three paragraphs which defined “oil”, “combined hydrocarbon lease”, and “special tar sand area”, respectively
Source evidence
Code amendment note
Pub. L. 97–78, in first par., substituted “gilsonite (including all vein-type solid hydrocarbons),” for “native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried)”, and added, after first par. three paragraphs which defined “oil”, “combined hydrocarbon lease”, and “special tar sand area”, respectively.Enacted provision · exact public law section
(1) section 1 (30 U.S.C. 181), sections 21 (a) and (c) (30 U.S.C. 241 (a) and (c)), and section 34 (30 U.S.C. 182) of the Mineral Lands Leasing Act of 1920, as amended, are amended by deleting “native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried)” and by inserting in lieu thereof “gilsonite (including all vein-type solid hydrocarbons),”, except that in the first sentence of section 21(a) the word “and” should be inserted before “gilsonite” and the comma after the parenthesis should be eliminated in section 21.John D. Dingell, Jr. Conservation, Management, and Recreation Act
Pub. L. 116–9 title I § 1109 · 133 Stat. 580
Inserted · 30 U.S.C. § 181
Pub. L. 116–9 inserted “, and that extraction of helium from gas produced from such lands shall maintain the lease as if the extracted helium were oil and gas” after “purchaser thereof” in last par
Source evidence
Code amendment note
Pub. L. 116–9 inserted “, and that extraction of helium from gas produced from such lands shall maintain the lease as if the extracted helium were oil and gas” after “purchaser thereof” in last par.Enacted provision · exact public law section
SEC. 1109. MAINTENANCE OF FEDERAL MINERAL LEASES BASED ON EXTRACTION OF HELIUM. The first section of the Mineral Leasing Act (30 U.S.C. 181) is amended in the fifth paragraph by inserting after “purchaser thereof” the following: “, and that extraction of helium from gas produced from such lands shall maintain the lease as if the extracted helium were oil and gas”.
5 of 5 references resolved to an enrolled provision
Editorial Notes
References in Text
The Appalachian Forest Act, referred to in the first undesignated paragraph, is act Mar. 1, 1911, ch. 186, 36 Stat. 961, also popularly known as the Weeks Law, which enacted former sections 513 and 514 and sections 515 to 519, 521, 552, and 563 of Title 16, Conservation, and amended sections 480 and 500 of Title 16. For complete classification of this Act to the Code, see Short Title note set out under section 552 of Title 16 and Tables.
Amendments1927–2019 · 5 rounds
2019
Pub. L. 116–9 inserted “, and that extraction of helium from gas produced from such lands shall maintain the lease as if the extracted helium were oil and gas” after “purchaser thereof” in last par.
1981
Pub. L. 97–78, in first par., substituted “gilsonite (including all vein-type solid hydrocarbons),” for “native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried)”, and added, after first par. three paragraphs which defined “oil”, “combined hydrocarbon lease”, and “special tar sand area”, respectively.
1960
Pub. L. 86–705 included deposits of native asphalt, solid and semisolid bitumen, and bituminous rock.
1946
Act , reenacted: existing par., less three provisos, as first sentence of first par., inserting “potassium” after “sodium”, which was also included in the 1927 amendment, and substituting provision for disposition of deposits “in incorporated cities, towns, and villages, and in national parks and monuments, those acquired under other Acts subsequent to , and lands within the naval petroleum and oil-shale reserves” for such disposition “in national parks, and in lands withdrawn or reserved for military or naval uses or purposes” and phrase “associations of such citizens” for “any association of such persons”; former third proviso as second sentence of first par.; former first proviso, as second par., inserting reservation of ownership provision and striking out “permitted” before “leased or otherwise granted”; and former second proviso as proviso in second par.
1927
Act , included deposits of potassium.
Statutory Notes and Related Subsidiaries
Short Title of 2000 Amendments
Pub. L. 106–463, § 1, , 114 Stat. 2010, provided that: “This Act [amending section 184 of this title and enacting provisions set out as a note under section 184 of this title] may be cited as the ‘Coal Market Competition Act of 2000’.”
Pub. L. 106–393, title V, § 501, , 114 Stat. 1624, provided that: “This title [amending section 191 of this title and enacting provisions set out as a note under section 191 of this title] may be cited as the ‘Mineral Revenue Payments Clarification Act of 2000’.”
Short Title of 1987 Amendment
Pub. L. 100–203, title V, § 5101(a), , 101 Stat. 1330–256, provided that: “This subtitle [subtitle B (§§ 5101–5113) of Pub. L. 100–203, enacting sections 195 and 226–3 of this title, amending sections 187a, 187b, 188, 191, and 226 of this title and section 3148 of Title 16, Conservation, and enacting provisions set out as notes under this section and section 226 of this title] may be cited as the ‘Federal Onshore Oil and Gas Leasing Reform Act of 1987’.”
Short Title of 1981 Amendment
Pub. L. 97–78, , 95 Stat. 1070, which amended this section and sections 182, 184, 209, 226, 241, 351, and 352 of this title and enacted provisions set out as a note under this section, is popularly known as the “Combined Hydrocarbon Leasing Act of 1981”.
Short Title of 1976 Amendment
Pub. L. 94–377, § 1(a), , 90 Stat. 1083, as amended by Pub. L. 95–554, § 8, , 92 Stat. 2075, provided that: “This Act [enacting sections 202a, 208–1, and 208–2 of this title, amending sections 184, 191, 201, 203, 207, 209, and 352 of this title, repealing sections 201–1 and 204 of this title, and enacting provisions set out as notes under sections 184, 201, 201–1, 203, and 204 of this title] may be cited as the ‘Federal Coal Leasing Amendments Act of 1976’.”
Short Title of 1960 Amendment
Pub. L. 86–705, § 1, , 74 Stat. 781, provided: “That this Act [amending this section and sections 182, 184, 187a, 226, 226–1, 226–2, and 241 of this title, and enacted provisions set out as notes under sections 187a and 226 of this title] may be cited as the ‘Mineral Leasing Act Revision of 1960’.”
Short Title
Act Feb. 25, 1920, ch. 85, § 44, as added , Pub. L. 100–203, title V, § 5113, 101 Stat. 1330–263, provided that: “This Act [enacting this chapter] may be cited as the ‘Mineral Leasing Act’.”
This chapter is also popularly known as the “Mineral Leasing Act of 1920” and the “Mineral Lands Leasing Act”.
Savings Provision
Provisions of Federal Land Policy and Management Act of 1976, Pub. L. 94–579, , 90 Stat. 2743, not to be construed as permitting any person to place, or allow to be placed, spent oil shale, etc., on any Federal land other than land leased for the recovery of shale oil under the act of , section 181 et seq. of this title, see section 701(d) of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands.
Act Aug. 8, 1946, ch. 916, § 15, 60 Stat. 950, provided: “No repeal or amendment made by this Act [enacting sections 187a, 187b, 226c–226e, and 236b, amending this section and sections 184, 188, 193, 209, 225, 226, and 285, and repealing sections 223a, 226a, and 226b of this title] shall affect any right acquired under the law as it existed prior to such repeal or amendment, and such right shall be governed by the law in effect at the time of its acquisition; but any person holding a lease on the effective date of this Act [] may, by filing a statement to that effect, elect to have his lease governed by the applicable provisions of this Act instead of by the law in effect prior thereto.”
Construction and Applicability of 1981 Amendments
Pub. L. 97–78, § 1(10), (11), , 95 Stat. 1072, provided that:
“(10) Nothing in this Act [see Short Title of 1981 Amendment note above] shall affect the taxable status of production from tar sand under the Crude Oil Windfall Profit Tax Act of 1980 (Public Law 96–223) [see Tables for classification], reduce the depletion allowance for production from tar sand, or otherwise affect the existing tax status applicable to such production.
“(11) No provision of this Act [see Short Title of 1981 Amendment note above] shall apply to national parks, national monuments, or other lands where mineral leasing is prohibited by law. The Secretary of the Interior shall apply the provisions of this Act to the Glen Canyon National Recreation Area, and to any other units of the national park system where mineral leasing is permitted, in accordance with any applicable minerals management plan if the Secretary finds that there will be no resulting significant adverse impacts on the administration of such area, or on other contiguous units of the national park system.”
Outer Continental Shelf; Mineral Leases
Grant by the Secretary of the Interior of mineral leases on submerged lands of outer Continental Shelf, see section 1331 et seq., of Title 43, Public Lands.
Selection of Lands by Alaska
Selection of lands by Alaska from lands made available by Statehood provisions including lands subject to leases, permits, licenses or contracts issued under this chapter, see section 6(h) of Pub. L. 85–508, set out as note preceding section 21 of Title 48.
Executive Documents
Admission of Alaska as State: Selection of Lands
Admission of Alaska into the Union was accomplished , on issuance of Proc. No. 3269, , 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, , 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.
Credits
1920–2019 · 6 acts
- 1920Feb. 25, 1920, ch. 85, § 1, 41 Stat. 437
- 1927Feb. 7, 1927, ch. 66, § 5, 44 Stat. 1058
- 1946Aug. 8, 1946, ch. 916, § 1, 60 Stat. 950
- 1960Pub. L. 86–705, § 7(a), , 74 Stat. 790
- 1981Pub. L. 97–78, § 1(1), (4), , 95 Stat. 1070
- 2019Pub. L. 116–9, title I, § 1109, , 133 Stat. 610.
Show as published
(Feb. 25, 1920, ch. 85, § 1, 41 Stat. 437; Feb. 7, 1927, ch. 66, § 5, 44 Stat. 1058; Aug. 8, 1946, ch. 916, § 1, 60 Stat. 950; Pub. L. 86–705, § 7(a), , 74 Stat. 790; Pub. L. 97–78, § 1(1), (4), , 95 Stat. 1070; Pub. L. 116–9, title I, § 1109, , 133 Stat. 610.)