PUBLIC LAWS-CH. 513-AUG. 7, 1947
"Lease."
going Acts.
"Lease" includes "prospecting permit" unless the context
otherwise requires.
dLee of mineral
SEC. 3 . Except where lands have been acquired by the United States
for the development of the mineral deposits, by foreclosure or other-
wise for resale, or reported as surplus pursuant to the provisions of
58Stat. 765 .
the Surplus Property Act of October 3, 1944 (50 U. S . C., sec. 1611
6164
- 16.
app and the following), all deposits of coal, phosphate, oil, oil shale, gas,
Ante, p . 678.
sodium, potassium, and sulfur which are owned or may hereafter be
acquired by the United States and which are within the lands acquired
by the United States (exclusive of such deposits in such acquired lands
as are (a) situated within incorporated cities, towns and villages,
national parks or monuments, (b) set apart for military or naval
purposes, or (c) tidelands or submerged lands) may be leased by the
Secretary under the same conditions as contained in the leasing pro-
visions of the mineral leasing laws, subject to the provisions hereof.
Depositsofsulfu..2
The provisions of the Act of April 17, 1926 (44 Stat. 301), as hereto-
276.
fore or hereafter amended, shall apply to deposits of sulfur covered
Consent of depart- by this Act wherever situated. No mineral deposit covered by this
ment head, etc.
section shall be leased except with the consent of the head of the
executive department, independent establishment, or instrumentality
having jurisdiction over the lands containing such deposit, or holding
a mortgage or deed of trust secured by such lands which is unsatisfied
of record, and subject to such conditions as that official may prescribe
to insure the adequate utilization of the lands for the primary purposes
for which they have been acquired or are being administered: Provided,
Tidelands, etc.
That nothing in this Act is intended, or shall be construed, to apply
to or in any manner affect any mineral rights, exploration permits,
leases or conveyances nor minerals that are or may be in any tidelands;
or submerged lands; or in lands underlying the three mile zone or
belt involved in the case of the United States of America against the
State of California now pending on application for rehearing in the
Supreme Court of the United States; or in lands underlying such
three mile zone or belt, or the continental shelf, adjacent or littoral
to any part of the land within the jurisdiction of the United States of
America.
Sale of acquired
SEC. 4. Nothing herein contained shall be deemed or construed to
(a) amend, modify or change any existing law authorizing or
requiring the sale of acquired lands, or (b) empower any commis-
sion, bureau, or agency of the Government to make a reservation of
the minerals in the sale of any acquired land: Provided, That any
such sale or conveyance of lands shall be made by the agency having
jurisdiction thereof, subject to any lease theretofore made, covering
the mineral deposits underlying such lands: Provided further, That
nothing in this Act is intended, or shall be construed to affect in any
52 Stat. 1252.
34 vua. c .S 524 manner any provision of the Act of June 30, 1938 (32 Stat. 1252),
and note.
amending the Act of June 4, 1920 (41 Stat. 813).
Leaseof U.
. inter-
SEC. 5 . Where the United States does not own all of the mineral
deposits under any lands sought to be leased and which are affected
by this Act, the Secretary is authorized to lease the interest of the
United States in any such mineral deposits when, in the judgment
of the Secretary, the public interest will be best served thereby;
subject, however, to the provisions of section 3 hereof. Where the
United States does not own any interest or owns less than a full
interest in the minerals that may be produced from any lands sought
to be leased, and which are or will be affected by this Act and where,
under the provisions of its acquisition, the United States is to acquire
all or any part of such mineral deposits in the future, the Secretary
914
[61 STAT.
�
