§ 241. Leases of lands

Footnotes

1. 1 Two subsecs. (c) have been enacted.
2. 2 So in original. Probably should be subsection “(c)”.

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.

1. 1920

   National Prohibition Act

   Pub. L. 66–85 § 21 · 41 Stat. 305

   Enacted · 30 U.S.C. § 241

   Feb. 25, 1920, ch. 85, § 21, 41 Stat. 445

   Source evidence

   Code source credit
   Feb. 25, 1920, ch. 85, § 21, 41 Stat. 445

   Enacted provision · exact public law section
   Sec. 21. Any room, house, building, boat, vehicle, structure, or place where intoxicating liquor is manufactured, sold, kept, or bartered in violation of this title, and all intoxicating liquor and property kept and used in maintaining the same, is hereby declared to be a common nuisance, Punishment for maintaining. and any person who maintains such a common nuisance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more Property knowingly used therefor, subject to lien, sale, etc. than $1,000 or be imprisoned for not more than one year, or both. If a person has knowledge or reason to believe that his room, house, building, boat, vehicle, structure, or place is occupied or used for the manufacture or sale of liquor contrary to the provision of this title, and suffers the same to be so occupied or used, such room, house, building, boat, vehicle, structure, or place shall be subject to a lien for and may be sold to pay all fines and costs assessed against the person guilty of such nuisance Enforcement. for such violation, and any such lien may be enforced by action in any court having jurisdiction.

2. 1960

   Mineral Leasing Act Revision of 1960

   Pub. L. 86–705 § 7 · 74 Stat. 781

   1. Amended · 30 U.S.C. § 241

      Pub. L. 86–705 designated existing provisions as subsec. (a)

   2. Added · 30 U.S.C. § 241

      Pub. L. 86–705 added subsecs. (b) and (c). Other changes included addition of native asphalt, solid and semisolid bitumen, and bituminous rock within the scope of the section, and insertion of the limitation upon such holdings

   Source evidence

   Code amendment note
   Pub. L. 86–705 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). Other changes included addition of native asphalt, solid and semisolid bitumen, and bituminous rock within the scope of the section, and insertion of the limitation upon such holdings.

   Enacted provision · exact public law section
   Sec. 7. (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.” (b) Section 21 of said Act is further amended by inserting the designation (a) immediately after the term “section 21” and by adding two new subsections to read as follows: “(b) If an offer for a lease under the provisions of this section for deposits other than oil shale is based upon a mineral location, the validity of which might be questioned because the claim was based on a placer location rather than on a lode location, or vice versa, the offeror shall have a preference right to a lease if the offer is filed not more than one year after the enactment of the Mineral Leasing Act Revision of 1960. “(c) With respect to 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) a lease under the multiple use principle may issue notwithstanding the existence of an outstanding lease issued under any other provision of this Act.”

3. 1981

   Pub. L. 97–78 § 1(1) · 95 Stat. 1070

   Substituted · 30 U.S.C. § 241(a)

   Pub. L. 97–78 substituted “and gilsonite (including all vein-type solid hydrocarbons)” and “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)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–78 substituted “and gilsonite (including all vein-type solid hydrocarbons)” and “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)”.

   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.

4. 1981

   Pub. L. 97–78 § 1(1) · 95 Stat. 1070

   Substituted · 30 U.S.C. § 241(c)

   Pub. L. 97–78 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)”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–78 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)”.

   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.

5. 1982

   Pub. L. 97–394 title III § 318 · 96 Stat. 1966

   Added · 30 U.S.C. § 241(c); 30 U.S.C. § 241(d)

   Pub. L. 97–394 added subsecs. (c) and (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 97–394 added subsecs. (c) and (d).

   Enacted provision · exact public law section
   Sec. 318. Section 21 of the Act entitled “An Act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain”, approved February 25, 1920 (41 Stat. 437, as amended; 30 U.S.C. 241), is further amended by adding the following new subsections: “(c) (1) The Secretary may within the State of Colorado lease to the State of Colorado, offsite lease. holder of the Federal oil shale lease known as Federal Prototype Tract C–a additional lands necessary for the disposal of oil shale wastes and the materials removed from mined lands, and for the building of plants, reduction works, and other facilities connected with oil shale operations (which lease shall be referred to hereinafter as an ‘offsite lease’). The Secretary may only issue one offsite lease not to exceed six thousand four hundred acres. An offsite lease may not serve more than one Federal oil shale lease and may not be transferred except in conjunction with the transfer of the Federal oil shale lease that it serves. “(2) The Secretary may issue one offsite lease of not more than Offsite leases. three hundred and twenty acres to any person, association or corporation which has the right to develop oil shale on non-Federal lands. An offsite lease serving non-Federal oil shale land may not serve more than one oil shale operation and may not be transferred except in conjunction with the transfer of the non-Federal oil shale land that it serves. Not more than two offsite leases may be issued under this paragraph. “(3) An offsite lease shall include no rights to any mineral deposits. “(4) The Secretary may issue offsite leases after consideration of the need for such lands, impacts on the environment and other resource values, and upon a determination that the public interest will be served thereby. “(5) An offsite lease for lands the surface of which is under the jurisdiction of a Federal agency other than the Department of the Interior shall be issued only with the consent of that other Federal agency and shall be subject to such terms and conditions as it may prescribe. “(6) An offsite lease shall be for such periods of time and shall include such lands, subject to the acreage limitations contained in this subsection, as the Secretary determines to be necessary to achieve the purposes for which the lease is issued, and shall contain such provisions as he determines are needed for protection of environmental and other resource values. “(7) An offsite lease shall provide for the payment of an annual rental which shall reflect the fair market value of the rights granted and which shall be subject to such revisions as the Secretary, in his discretion, determines may be needed from time to time to continue to reflect the fair market value. “(8) An offsite lease may, at the option of the lessee, include provisions for payments in any year which payments shall be credited against any portion of the annual rental for a subsequent year to the extent that such payment is payable by the Secretary of the Treasury under section 35 of this Act to the State within the boundaries of which the leased lands are located. Such funds shall be paid by the Secretary of the Treasury to the appropriate State in accordance with section 35, and such funds shall be distributed by the State only to those counties, municipalities, or jurisdictional subdivisions impacted by oil shale development and/or where the lease is sited.”; and “(9) An offsite lease shall remain subject to leasing under the other provisions of this Act where such leasing would not be incompatible with the offsite lease. “(d) In recognition of the unique character of oil shale development: “(1) In determining whether to offer or issue an offsite lease under subsection (c), the Secretary shall consult with the Governor and appropriate State, local, and tribal officials of the State where the lands to be leased are located, and of any additional State likely to be affected significantly by the social, economic, or environmental effects of development under such lease, in order to coordinate Federal and State planning processes, minimize duplication of permits, avoid delays, and anticipate and mitigate likely impacts of development. “(2) The Secretary may issue an offsite lease under subsection (d) after consideration of (A) the need for leasing, (B) impacts on the environment and other resource values, (C) socioeconomic factors, and (D) information from consultations with the Governors of the affected States. “(3) Before determining whether to offer an offsite lease under subsection (c), the Secretary shall seek the recommendation of the Governor of the State in which the lands to be leased are located as to whether or not to lease such lands, what alternative actions are available, and what special conditions could be added to the proposed lease to mitigate impacts. The Secretary shall accept the recommendations of the Governor if he determines that they provide for a reasonable balance between the national interest and Publication in Federal Register. the State’s interests. The Secretary shall communicate to the Governor, in writing, and publish in the Federal Register the reasons for his determination to accept or reject such Governor’s recommendations.”.

6. 2005

   Oil Shale, Tar Sands, and Other Strategic Unconventional Fuels Act of 2005

   Pub. L. 109–58 title III § 369(j)(2) · 119 Stat. 594

   1. Amended · 30 U.S.C. § 241(a)

      Pub. L. 109–58 designated first to third sentences as pars. (1) to (3), respectively

   2. Substituted · 30 U.S.C. § 241(a)

      Pub. L. 109–58 substituted “5,760” for “five thousand one hundred and twenty” in par. (2)

   3. Amended · 30 U.S.C. § 241(a)

      Pub. L. 109–58 designated fourth to eighth sentences as par. (4)

   4. Substituted · 30 U.S.C. § 241(a)

      Pub. L. 109–58 substituted “rate of $2.00 per acre” for “rate of 50 cents per acre”

   5. Substituted · 30 U.S.C. § 241(a)

      Pub. L. 109–58 substituted “No one person” for “Not more than one lease shall be granted under this section to any one person”

   6. Substituted · 30 U.S.C. § 241(a)

      Pub. L. 109–58 substituted “shall acquire or hold more than 50,000 acres of oil shale leases in any one State. For” for “except that with respect to leases for”

   7. Added · 30 U.S.C. § 241(a)

      Pub. L. 109–58 added par. (5)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–58 designated first to third sentences as pars. (1) to (3), respectively, substituted “5,760” for “five thousand one hundred and twenty” in par. (2), designated fourth to eighth sentences as par. (4) and substituted “rate of $2.00 per acre” for “rate of 50 cents per acre”, “No one person” for “Not more than one lease shall be granted under this section to any one person”, and “shall acquire or hold more than 50,000 acres of oil shale leases in any one State. For” for “except that with respect to leases for”, and added par. (5).

   Enacted provision · exact public law section
   (2) Section 21.— Section 21(a) of the Mineral Leasing Act (30 U.S.C. 241(a)) is amended— (A) by striking “(a) That the Secretary” and inserting the following: “(a) (1) The Secretary” ; (B) by striking “; that no lease” and inserting a period, followed by the following: “(2) No lease” ; (C) by striking “Leases may be for” and inserting the following: “(3) Leases may be for” ; (D) by striking “For the privilege” and inserting the following: “(4) For the privilege” ; (E) in paragraph (2) (as designated by subparagraph (B) of this paragraph) by striking “five thousand one hundred and twenty” and inserting “5,760”; (F) in paragraph (4) (as designated by subparagraph (D) of this paragraph) by striking “rate of 50 cents per acre” and inserting “rate of $2.00 per acre”; (G) (i) by striking “: Provided further, That not more than one lease shall be granted under this section to any” and inserting “: Provided further, That no”; and (ii) by striking “except that with respect to leases for” and inserting “shall acquire or hold more than 50,000 acres of oil shale leases in any one State. For”; and (H) by adding at the end the following: “(5) No lease issued under this section shall be included in any chargeability limitation associated with oil and gas leases.” .

13 of 13 references resolved to an enrolled provision