(c) Pipeline rights-of-way; forfeiture of grant. Rights-of-way through the submerged lands of the outer Continental Shelf, whether or not such lands are included in a lease maintained or issued pursuant to this subchapter, may be granted by the Secretary for pipeline purposes for the transportation of oil, natural gas, sulphur, or other mineral under such regulations and upon such conditions as to the application therefor and the survey, location and width thereof as may be prescribed by the Secretary, and upon the express condition that such oil or gas pipelines shall transport or purchase without discrimination, oil or natural gas produced from said submerged lands in the vicinity of the pipeline in such proportionate amounts as the Federal Power Commission, in the case of gas, and the Interstate Commerce Commission, in the case of oil, may, after a full hearing with due notice thereof to the interested parties, determine to be reasonable, taking into account, among other things, conservation and the prevention of waste. Failure to comply with the provisions of this section or the regulations and conditions prescribed thereunder shall be ground for forfeiture of the grant in an appropriate judicial proceeding, instituted by the United States in any United States district court having jurisdiction under the provisions of section 1333 (b) of this title. (Aug. 7, 1953. ch. 345, § 5, 67 Stat. 464.) * * * § 1337. Grant of leases by Secretary. * (a) Oil and gas leases; award to highest bidder; method of bidding. * In order to meet the urgent need for further exploration and development of the oil and gas deposits of the submerged lands of the outer Continental Shelf, the Secretary is authorized to grant to the highest responsible qualified bidder by competitive bidding under regulations promulgated in advance, oil and gas leases on submerged lands of the outer Continental Shelf which are not covered by leases meeting the requirements of section 1335 (a) of this title. The bidding shall be (1) by sealed bids, and (2) at the discretion of the Secretary, on the basis of a cash bonus with a royalty fixed by the Secretary at not less than 12% per centum in amount or value of the production saved, removed or sold, or on the basis of royalty, but at not less than the per centum above mentioned, with a cash bonus fixed by the Secretary. (b) Terms and provisions of oil and gas leases. An oil and gas lease issued by the Secretary pursuant to this section shall (1) cover a compact area not exceeding five thousand seven hundred and sixty acres, as the Secretary may determine, (2) be for a period of five years and as long thereafter as oil or gas may be produced from the area in paying quantities, or drilling or well reworking operations as approved by the Secretary are conducted thereon, (3) require the payment of a royalty of not less than 1212 per centum, in the amount or value of the production saved, removed, or sold from the lease, and (4) contain such rental provisions and such other terms and provisions as the Secretary may prescribe at the time of offering the area for lease. 87-235-73-51 (e) Other mineral leases; award to highest bidder; terms and conditions. The Secretary is authorized to grant to the qualified persons offering the highest cash bonuses on a basis of competitive bidding leases of any mineral other than oil, gas, and sulphur in any area of the outer Continental Shelf not then under lease for such mineral upon such royalty, rental, and other terms and conditions as the Secretary may prescribe at the time of offering the area for lease. The President of the United States may, from time to time, withdraw from disposition any of the unleased lands of the outer Continental Shelf. (b) First refusal of mineral purchases. In time of war, or when the President shall so prescribe, the United States shall have the right of first refusal to purchase at the market price all or any portion of any mineral produced from the outer Continental Shelf. (c) National security clause. All leases issued under this subchapter, and leases, the maintenance and operation of which are authorized under this subchapter, shall contain or be construed to contain a provision whereby authority is vested in the Secretary, upon a recommendation of the Secretary of Defense, during a state of war or national emergency declared by the Congress or the President of the United States after August 7, 1953, to suspend operations under any lease; and all such leases shall contain or be construed to contain provisions for the payment of just compensation to the lessee whose operations are thus suspended. (d) National defense areas; suspension of operations; extension of leases. The United States reserves and retains the right to designate by and through the Secretary of Defense, with the approval of the President, as areas restricted from exploration and operation that part of the outer Continental Shelf needed for national defense; and so long as such designation remains in effect no exploration or operations may be conducted on any part of the surface of such area except with the concurrence of the Secretary of Defense; and if operations or production under any lease theretofore issued on lands within any such restricted area shall be suspended, any payment of rentals, minimum royalty, and royalty prescribed by such lease likewise shall be suspended during such period of suspension of operation and production, and the term of such lease shall be extended by adding thereto any such suspension period, and the United States shall be liable to the lessee for such compensation as is required to be paid under the Constitution of the United States. (e) Source materials essential to production of fissionable materials. All uranium, thorium, and all other materials determined pursuant to paragraph (1) of subsection (b) of section 5 of the Atomic Energy Act of 1946, as amended, to be peculiarly essential to the production of fissionable material, contained, in whatever concentration, in deposits in the subsoil or seabed of the outer Continental Shelf are reserved for the use of the United States. (f) Helium ownership; rules and regulations governing extraction. The United States reserves and retains the ownership of and the right to extract all helium, under such rules and regulations as shall be prescribed by the Secretary, contained in gas produced from any portion of the outer Continental Shelf which may be subject to any ease maintained or granted pursuant to this subchapter, but the helium shall be extracted from such gas so as to cause no substantial delay in the delivery of gas produced to the purchaser of such gas. (Aug. 7, 1953, ch. 345, § 12, 67 Stat. 469.) BUREAU OF MINES [For regulations codified under this heading, see Code of Federal Regulations, Title 30, Chapter I; Title 32, Chapter XIII] CREATION AND AUTHORITY.-The Bureau of Mines was established July 1, 1910, in the Department of the Interior by the Organic Act of May 16, 1910 (36 Stat. 369; 30 U.S.C. secs. 1, 3, 5-7), as amended. The 1910 act, as amended, has been supplemented by several statutes, including those that authorize the production and sale of helium, the conduct of research on environmental problems associated with mineral wastes, and most recently the Federal Metal and Nonmetallic Mine Safety Act of 1966 (80 Stat. 772; 30 U.S.C. 721 note), and the Federal Coal Mine Health and Safety Act of 1969 (83 Stat. 742; 30 U.S.C. 801 note), that deals with the inspection of domestic mines and enforcement of health and safety standards. OBJECTIVES.-The Bureau of Mines conducts research and administers regulatory programs necessary for performance of the governmental function to stimulate the private sector toward the production of an appropriate and substantial share of the national mineral and fuel needs in a manner that best protects the public interest. Specifically, concern is directed toward the satisfaction of current and emerging needs; the real cost of such achievements; the assessment of related social-economic factors; minimization of occupational hazards to workers; reduction of wastes; and insurance that mineral raw materials are supplied and mineral-based products are used and disposed of without objectionable social and environmental cost. To accomplish these objectives, the Bureau performs research, provides information to the public, conducts inquiries, and enforces laws pertinent to the extraction, processing, use, reuse, and disposal of minerals and mineral fuels. Source: United States Government Organization Manual 1970/71. Sec. 30 U.S.C., Chapter 1.-THE BUREAU OF MINES 1. Bureau of Mines; establishment; director; experts and other employees. 1a. Same; transfer of activities, employees, records, etc., from Bureau of Foreign and Domestic Commerce. 2. Same; performance of duties in absence of director. 3. Same; duties of Bureau of Mines. 4. Investigation of lignite coal and peat. 4a. Investigation of potash deposits; appropriations. 4b. Cooperation with individuals, municipalities, etc., contracts with owners; agreements as to prices. 4c. Investigation of sub-bituminous and lignite coal. 4d. Same; plants, machinery, and equipment. 4e. Appropriations. 4f to 40. Transferred. Reports of investigations. Personal interest of director and members of bureau in mines. 5. 6. 7. Fees for tests or investigations. 8. Additional mining experiment stations and mine safety stations authorized. 9. 10. Same; acceptance of lands from States. Headquarters of mine rescue cars; site for experimental work; leases and donations. 11. Purchase of supplies or procurement of services for Bureau of Mines. 12. Repealed. 13. Research laboratory for utilization of anthracite coal; establishment and 14. 15. 16. maintenance. Same; acquisition of land; cooperation with other agencies. Research laboratory for utilization of anthracite coal; establishment of ad- § 1. Bureau of Mines; establishment; director; experts and other employees. There is hereby established in the Department of the Interior a bureau of mining, metallurgy, and mineral technology, to be designated the Bureau of Mines, and there shall be a director of said bureau who shall be thoroughly equipped for the duties of said office by technical education and experience and who shall be appointed by the President, by and with the advice and consent of the Senate; and there shall also be in the said bureau such experts and other employees, to be appointed by the Secretary of the Interior, as may be required to carry out the purposes of sections 1, 3, and 5 to 7 of this title in accordance with the appropriations made from time to time by Congress for such purposes. (May 16, 1910, ch. 240 § 1, 36 Stat. 369; Feb. 25, 1913, ch. 72, § 1, 37 Stat. 681; Ex. Ord. No. 4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934.) TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Bureau of Mines was originally created in the Department of the Interior. The Bureau was transferred to Department of Commerce by Ex. Ord. No. 4239, but was transferred back to Department of the Interior by Ex. Ord. No. 6611. §3. Same; duties of Bureau of Mines. It shall be the province and duty of the Bureau of Mines, subject to the approval of the Secretary of the Interior, to conduct inquiries and scientific and technologic investigations concerning mining, and the preparation, treatment, and utilization of mineral substances with a view to improving health conditions, and increasing safety, efficiency, economic development, and conserving resources through the prevention of waste in the mining, quarrying, metallurgical, and other mineral industries; to inquire into the economic conditions affecting these industries; to investigate explosives and peat; and on behalf of the Government to investigate the mineral fuels and unfinished mineral products belonging to, or for the use of, the United States, with a view to their most efficient mining, preparation, treatment, and use; and to disseminate information concerning these subjects in such manner as will best carry out the purposes of the provisions of sections 1, 3, and 5 to 7 of this title. (May 16, 1910, ch. 240, § 2, 36 Stat. 370; Feb. 25, 1913, ch. 72, 37 Stat. 681; Ex. Ord. No. 4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934.) |