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The functions of the Secretary of the Interior, the Department of the Interior, and the officers and components of the Department of the Interior exercised by the Bureau of Mines relating to fuel supply and demand analysis and data gathering, research and development relating to increased efficiency of production technology of solid fuel minerals other than research relating to mine health and safety and research relating to the environmental and leasing consequences of solid fuel mining, and coal preparation and analysis were transferred to, and vested in, the Secretary of Energy as part of the creation of the Department of Energy by Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565. See section 7152(d) of Title 42, The Public Health and Welfare.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3, 5, 6, 7, 8 of this title; title 42 sections 5821, 7152.

§ 3. Duties of Bureau of Mines

TRANSFER OF FUNCTIONS

See note under section 1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1, 5, 6, 7, 8 of this title; title 42 sections 5821, 7152.

§ 5. Reports of investigations

TRANSFER OF FUNCTIONS

See note under section 1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1, 3, 6, 7, 8 of this title; title 42 sections 5821, 7152.

§ 6. Personal interest of director and members of Bureau in mines

TRANSFER OF FUNCTIONS

See note under section 1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1, 3, 5, 7, 8 of this title; title 42 sections 5821, 7152.

Page 475

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1, 3, 5, 6, 8 of this title; title 42 sections 5821, 7152.

CHAPTER 2-MINERAL LANDS AND REGULATIONS IN GENERAL

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 16 section 1907; title 43 section 1783.

§ 21a. National mining and minerals policy; definition of minerals; execution of policy under other authorized programs; report to Congress

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1292, 1601, 1605 of this title; title 43 sections 1701, 1866.

§ 22. Lands open to purchase by citizens

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 49, 541b of this title; title 16 section 460mm-1; title 43 sections 1712, 1714, 1732.

§ 23. Length of claims on veins or lodes

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 49, 541b of this title; title 16 section 460mm-1; title 43 sections 1712, 1714, 1732.

§ 24. Proof of citizenship

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 49, 541b of this title; title 16 section 460mm-1; title 43 sections 1712, 1714, 1732.

§ 25. Affidavit of citizenship

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460mm-1.

§ 26. Locators' rights of possession and enjoyment

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 49, 541b of this title; title 16 section 460mm-1; title 43 sections 1712, 1714, 1732.

§ 27. Mining tunnels; right to possession of veins on line with; abandonment of right

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 49, 541b of this title; title 16 section 460mm-1; title 43 sections 1712, 1714, 1732.

§ 28. Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records; annual labor or improvements on claims pending issue of patent; coowner's succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 28-1, 28b, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 49, 541b of this title; title 16 sections 460mm-1, 1904; title 43 sections 1712, 1714, 1732; title 50 App. section 565.

§ 28-1. Inclusion of certain surveys in labor requirements of mining claims; conditions and restrictions

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 28-2 of this title; title 16 section 460mm-1; title 43 section 1744. § 28-2. Definitions

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460mm-1.

§ 28b. Annual assessment work on mining claims; temporary deferment; conditions

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 28c, 28d, 28e of this title; title 16 section 460mm-1.

§ 28c. Length and termination of deferment

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 28d, 28e of this title; title 16 section 460mm-1.

§ 28d. Performance of deferred work

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 28b, 28c, 28e of this title; title 16 section 460mm-1.

§ 28e. Recordation of deferment

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 28b, 28c, 28d of this title; title 16 section 460mm-1.

§ 29. Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting plat and notice on claim; publication and posting notice in office; certificate; adverse claims; payment per acre; objections; nonresident claimant's agent for execution of application and affidavits

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 33, 37, 38, 39, 40, 42, 46, 47, 48, 49, 541b of this title; title 16 section 460mm-1; title 43 sections 1712, 1714, 1732.

§ 30. Adverse claims; oath of claimants; requisites; waiver; stay of land office proceedings; judicial determination of right of possession; successful claimants' filing of judgment roll, certificate of labor, and description of claim in land office, and acreage and fee payments; issuance of patents for entire or partial claims upon certification of land office proceedings and judgment roll; alienation of patent title

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 49, 541b of this title; title 16 section 460mm-1; title 43 sections 1712, 1714, 1732.

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837. Proceedings for patent where boundaries contain vein or lode; application; statement including vein or lode; issuance of patent: acreage payments for vein or lode and placer claim; costs of proceedings; knowledge affecting construction of application and scope of patent

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 38, 39, 40, 42, 46, 47, 48, 49, 541b of this title; title 16 section 460mm-1; title 43 sections 1712, 1714, 1732.

§ 38. Evidence of possession and work to establish right to patent

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 39, 40, 42, 46, 47, 48 of this title; title 16 section 460mm-1.

§ 39. Surveyors of mining claims

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 40, 42, 46, 47, 48, 49, 541b of this title; title 16 section 460mm-1; title 43 sections 1712, 1714, 1732.

§ 40. Verification of affidavits

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39, 42, 46, 47, 48, 49, 541b of this title; title 16 section 460mm-1; title 43 sections 1712, 1714, 1732.

§ 41. Intersecting or crossing veins

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 49, 541b of this title; title 16 section 460mm-1; title 43 sections 1712, 1714, 1732.

§ 42. Patents for nonmineral lands: application, survey, notice, acreage limitation, payment

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 46, 47, 48, 49, 541b of this title; title 16 section 460mm-1; title 43 sections 1712, 1714, 1732.

§ 43. Conditions of sale by local legislature

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48 of this title; title 16 section 460mm-1.

§ 46. Additional land districts and officers

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 47, 48 of this title; title 16 section 460mm-1.

§ 47. Impairment of rights or interests in certain mining property

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 48, 49, 541b of this title; title 16 section 460mm-1; title 43 sections 1712, 1714, 1732.

§ 48. Lands in Michigan, Wisconsin, and Minnesota; sale and disposal as public lands

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47 of this title; title 16 section 460mm-1.

§ 49. Lands in Missouri and Kansas; disposal as agricultural lands

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460mm-1.

§ 49a. Mining laws of United States extended to Alaska; exploration and mining for precious metals; regulations; conflict of laws; permits; dumping tailings; pumping from sea; reservation of roadway; title to land below line of high tide or high-water mark; transfer of title to future State

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460mm-1.

§ 49b. Mining laws relating to placer claims extended to Alaska

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460mm-1.

§ 49c. Recording notices of location of Alaskan mining claims

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460mm-1.

§ 49d. Miners' regulations for recording notices in Alaska; certain records legalized

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460mm-1.

§ 49e. Annual labor or improvements on Alaskan mining claims; affidavits; burden of proof; forfeitures; location anew of claims; perjury

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 49f of this title; title 16 section 460mm-1.

§ 49f. Fees of recorders in Alaska for filing proofs of work and improvements

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460mm-1.

§ 50. Grants to States or corporations not to include mineral lands

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47 of this title; title 16 section 460mm-1.

§ 51. Water users' vested and accrued rights; enumeration of uses; protection of interest; rights-ofway for canals and ditches; liability for injury or damage to settlers' possession

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 52 of this title; title 16 section 460mm-1.

§ 52. Patents or homesteads subject to vested and accrued water rights

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48 of this title; title 16 section 460mm-1.

§ 53. Possessory actions for recovery of mining titles or for damages to such title

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460mm-1.

§ 54. Liability for damages to stock raising and homestead entries by mining activities

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460mm-1.

Sec.

226.

CHAPTER 3A-LEASES AND PROSPECTING

237.

241.

PERMITS

SUBCHAPTER IV-OIL AND GAS

Lease of oil and gas lands.

(a) [See main editon for text].
(b) Lands within known geologic struc-
ture of a producing oil or gas field;
lands within special tar sand areas;
competitive bidding; royalties.

(c) Lands subject to leasing under sub-
section (b); first qualified appli-
cant.

(e)-(j) [See main edition for text]. (k) Conversion of oil and gas leases and claims on hydrocarbon resources to combined hydrocarbon leases for primary term of 10 years; application.

Delinquent royalty accounts under leases regulating development of oil and gas on Federal lands; recommendations for corrective action [New].

SUBCHAPTER V-OIL SHALE

Leases of lands.

(a), (b) [See main edition for text].

(c) Multiple use principal leases; gilsonite including all vein-type solid hydrocarbons.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 48, 49, 171, 351, 355, 505, 529, 530, 541e, 1003, 1004, 1005, 1232, 1256, 1292 of this title; title 16 sections 90c-1, 460q-5, 460v-4, 460dd-2, 460-3, 460mm-1, 3148, 3149, 3183; title 25 sections 398e, 459c, 459d; title 43 sections 315f, 1608, 1633, 1714, 1747, 1783; title 50 section 167a.

SUBCHAPTER I-GENERAL PROVISIONS

§ 181. Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved

Deposits of coal, phosphate, sodium, potassium, oil, oil shale, gilsonite (including all veintype 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 March 1, 1911 (36 Stat. 961), and those in incorporated cities, towns, and villages and in national parks and

monuments, those acquired under other Acts subsequent to February 25, 1920, 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 November 16, 1981.

The term "special tar sand area” means (1) an area designated by the Secretary of the Interior's orders of November 20, 1980 (45 FR 76800-76801) and January 21, 1981 (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.

(As amended Nov. 16, 1981, Pub. L. 97-78, § 1(1), (4), 95 Stat. 1070.)

AMENDMENTS

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, following first par., three paragraphs which defined "oil", "combined hydrocarbon lease", and "special tar sand area", respectively.

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-78, Nov. 16, 1981, 95 Stat. 1070, which amended sections 181, 182, 184, 209, 226, 241, 351, and 352 of this title and enacted a provision set out as a note under section 181 of this title, is popularly known as the Combined Hydrocarbon Leasing Act of 1981.

SHORT TITLE OF 1976 AMENDMENT

Section 1(a) of Pub. L. 94-377, Aug. 4, 1976, 90 Stat. 1083, as amended by Pub. L. 95-554, § 8, Oct. 30, 1978, 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,

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