of the following: sand, stone, gravel, pumice, pumicite, cinders, and clay) and vegetative materials (including but not limited to yucca, manzanita, mesquite, cactus, and timber or other forest products) on public lands of the United States, including, for the purposes of this subchapter, land described in sections 1181a to 1181j of Title 43, if the disposal of such mineral or vegetative materials (1) is not otherwise expressly authorized by law, including, but not limited to, sections 315 to 315g, 315h to 315m, 315n, 3150-1, and 1171 of Title 43, and the United States mining laws, and (2) is not expressly prohibited by laws of the United States, and (3) would not be detrimental to the public interest. Such materials may be disposed of only in accordance with the provisions of this subchapter and upon the payment of adequate compensation therefor, to be determined by the Secretary: Provided, however, That, to the extent not otherwise authorized by law, the Secretary is authorized in his discretion to permit any Federal, State, or Territorial agency, unit or subdivision, including municipalities, or any association or corporation not organized for profit, to take and remove, without charge, materials and resources subject to this subchapter, for use other than for commercial or industrial purposes or resale. Where the lands have been withdrawn in aid of a function of a Federal department or agency other than the department headed by the Secretary or of a State, Territory, county, municipality, water district or other local governmental subdivision or agency, the Secretary may make disposals under this subchapter only with the consent of such other Federal department or agency or of such State, Territory, or local governmental unit. Nothing in this subchapter shall be construed to apply to lands in any national park, or national monument or to any Indian lands, or lands set aside or held for the use or benefit of Indians, including lands over which jurisdiction has been transferred to the Department of the Interior by Executive order for the use of Indians. As used in this subchapter, the word "Secretary" means the Secretary of the Interior except that it means the Secretary of Agriculure where the lands involved are administered by him for national forest purposes or for the purposes of sections 1010 to 1012 of Title 7 or where withdrawn for the purpose of any other function of the Department of Agriculture. (July 31, 1947, ch. 406, § 1, 61 Stat. 681; July 23, 1955, ch. 375, § 1, 69 Stat. 367.) AMENDMENTS 1955-Act July 23, 1955, required disposal under this subchapter of common varieties of sand, stone, gravel, pumice, pumicite, and cinders, and gave the Secretary of Agriculture the same authority as to lands under his jurisdiction as the Secretary of Interior possesses as to lands under his jurisdiction in the disposal of mining and vegetative materials. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 611, 612, 614, 615, 707 of this title. § 602. Bidding; advertising and other notice; conditions for negotiation of contract; report to Congress. (a) The Secretary shall dispose of materials under this subchapter to the highest responsible qualified bidder after formal advertising and such other public notice as he deems appropriate: Provided, however, That the Secretary may authorize negotiation of a contract for the disposal of materials if— (1) the contract is for the sale of less than two hundred fifty thousand board-feet of timber; or, if (2) the contract is for the disposal of materials to be used in connection with a public works improvement program on behalf of a Federal, State or local governmental agency and the public exigency will not permit the delay incident to advertising; or, if (3) the contract is for the disposal of property for which it is impracticable to obtain competition. (b) A report shall be made to Congress on January 1 and July 1 of each year of the contracts made under clauses (2) and (3) of subsection (a) of this section during the period since the date of the last report. The report shall(1) name each purchaser; (2) furnish the appraised value of the material involved; (3) state the amount of each contract; (4) described the circumstances leading to the determination that the contract should be entered into by negotiation instead of competitive bidding after formal advertising. (July 31, 1947, ch. 406, § 2, 61 Stat. 681; Sept. 25, 1962, Pub. L. 87-689, § 1, 76 AMENDMENTS 1962-Pub. L. 87-689 designated existing provisions as subsec. (a), substituted therein provisions requiring the Secretary to dispose of materials after formal advertising and such other public notice as he deems appropriate, and authorizing negotiation of a contract for the sale of less than 250,000 board-feet of timber, or for materials to be used in connection with public works improvement program for a Federal, State, or local governmental agency where the public exigency will not permit the delay of advertising, or for property for which it is impracticable to obtain competition, for provisions requiring publication of notice once a week for 4 consecutive weeks in a newspaper of general circulation, and competitive bidding, in cases where the value was in exess of $1,000, and permitting disposal upon such notice and in such manner as he prescribed where the value was $1,000 or less, and added subsec. (b). SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 707 of this title. § 603. Disposition of moneys from disposal of materials. All moneys received from the disposal of materials under this subchapter shall be disposed of in the same manner as moneys received from the sale of public lands, except that moneys received from the disposal of materials by the Secretary of Agriculture shall be disposed of in the same manner as other moneys received by the Department of Agriculture from the administration of the lands from which the disposal of materials is made, and except that revenues from the lands described in sections 1181a to 1181j of Title 43, shall be disposed of in accordance with said sections and except that moneys received from the disposal of materials from school section lands in Alaska, reserved under section 1 of the Act of March 4, 1915 (38 Stat. 1214), shall be set apart as separate and permanent funds in the Territorial Treasury, as provided for income derived from said school section lands pursuant to said Act. (July 31, 1947, ch. 406, § 3, 61 Stat. 681; Aug. 31, 1950, ch. 830, 64 Stat. 571; July 23, 1955, ch. 375, § 2, 69 Stat. 368.) REFERENCES IN TEXT Section 1 of the act of March 4, 1915 [ch. 181] (38 Stat. 1214), referred to in the text, as amended Mar. 5, 1952, ch. 80, §§ 1-3, 66 Stat. 14; Aug. 5, 1953, ch. 323, 67 Stat. 364: Aug. 2, 1956, ch. 892, 70 Stat. 954; Aug. 27, 1958, Pub. L. 85-771, § 3. 72 Stat. 929. made reservation of certain Alaska lands for educational purposes, covered disposition of proceeds or income derived from reserved lands, and set out the exclusion of certain lands, and was repealed by Pub. L. 85-508, § 6(k), July 7, 1958, 72 Stat. 434. Said Act, referred to in the text, is a reference to act Mar. 4, 1915, ch. 181, 38 Stat. 1214, comprised of section 1, previously discussed, and section 2 providing Site for Agricultural College and School of Mines, University of Alaska and set out as a note under section 852 of Title 43, Public Lands. AMENDMENTS 1955-Act July 23, 1955, provided for the disposal of moneys received by the Secretary of Agriculture, and for the disposal of revenues from the lands described in sections 1181a-1181j of Title 43. 1950-Act Aug. 31, 1950, provided for setting apart as separate and permanent funds in the Territorial Treasury moneys received from disposal of materials from school section lands in Alaska. ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accomplished Jan. 3, 1959, upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, Stat. 16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes, preceding section 21 of Title 48, Territories and Insular Possessions. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 611, 612, 614, 615, 707 of this title. § 604. Disposal of sand peat moss, etc., in Alaska; contracts. Subject to the provisions of this subchapter, the Secrtary may dispose of sand, stone, gravel, and vegetative materials located below highwater mark of navigable waters of the Territory of Alaska. Any contract, unexecuted in whole or in part, for the disposal under this subchapter of materials from land, title to which is transferred to a future State upon its admission to the Union, and which is situated within its boundaries, may be terminated or adopted by such State. (July 31, 1947, ch. 406, § 4, as added Aug. 31, 1950, ch. 830, 64 Stat. 572.) ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union, was accomplished Jan. 3, 1959, upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 707 of this title. SUBCHAPTER II.-MINING LOCATIONS § 611. Common varieties of sand, stone, gravel, pumice, pumicite, or cinders, and petrified wood. No deposit of common varieties of sand, stone, gravel, pumice, pumicite, or cinders and no deposit of petrified wood shall be deemed a valuable mineral deposit within the meaning of the mining laws of the United States so as to give effective validity to any mining claim hereafter located under such mining laws: Provided however, That nothing herein shall affect the validity of any mining location based upon discovery of some other mineral occuring in or in association with such a deposit. "Common varieties" as used in sections 601, 603, and 611 to 615 of this title does not include deposits of such materials which are valuable because the deposit has some property giving it distinct and special value and does not include so-called "block pumice" which occurs in nature in pieces having one dimension of two inches or more. "Petrified wood" as used in sections 601, 603, and 611 to 615 of this title means agatized, opalized, petrified, or silicified wood, or any material formed by the replacement of wood by silica or other matter. (July 23, 1955, ch. 375, § 3, 69 Stat. 368; Sept. 28, 1962, Pub. L. 87-713, § 1, 76 Stat. 652.) AMENDMENTS 1962-Pub. L. 87-713 defined "petrified wood", and provided that no deposit of petrified wood shall be deemed a valuable mineral deposit within the mining laws of the United States. О |