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.
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