* Act of July 31, 1947 (P.L. 80-291, Ch. 406, 61 Stat. 681, as amended; 30 U.S.C. 601-604)

Rules and Regulations Governing Disposal of Materials

Sec. 1. The Secretary, under such rules and regulations as he may prescribe, may dispose of min-eral materials (including but not limited to common varieties of the follow-ing: 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 Act, land described in the Acts of August 28, 1937 (50 Stat. 874), and June 24, 1954 (69 Stat. 270), if the disposal of such mineral or vegetative mate-rials (1) is not otherwise expressly authorized by law, including but not limited to, the Act of June 28, 1934 (48 Stat. 1269), as amended, 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 Act and upon the payment of adequate compensa-tion 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 per-mit any Federal, State, or Territorial agency, unit or subdivision, includ-ing municipalities, or any associa-tion or corporation not organized for profit, to take and remove, without charge, materials and resources subject to this Act, 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 Where the lands have been withdrawn in aid of a function of a Federal department or agency other than the department headed by the Secretary or of a State, Territory, county, municipali-ty, water district or other local gov-ernmental subdivision or agency, the Secretary may make disposals under this Act only with the consent of such other Federal department or agency or of such State, Territory, or local governmental unit. Nothing in this Act shall be construed to apply to lands in any National Park or National Monument or any Indi-an lands, or lands set aside or held for the 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 Act, the word "Secretary" means the Secretary of the Interior except that it means the Secretary of Agriculture where the lands involved are administered by him for National Forest purposes or for the purposes of Title III of the Bankhead-Jones Farm Tenant Act or where withdrawn for the purpose of any other function of the Department of Agriculture. (30 U.S.C. 601)

Bidding; Advertising and Other Notice

Sec. 2. (a) The Secretary shall dispose of materials under this Act 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 dis-posal of materials to be used in connection with a public works improvement program on behalf of a Federal, State, or local govern-mental agency and the public exi-gency will not permit the delay incident to advertising; or, if

(3) the contract is for the dis-posal of property for which it is impracticable to obtain competition. (30 U.S.C. 602)

Note-Section 2(b), repealed by the Congressional Reports Elimination Act of 1980 (P.L. 96-470, 94 Stat. 2237).

Disposition of Moneys from Dis-posal of Materials

Sec. 3. 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 sub-chapter V of chapter 28 of Title 43, shall be disposed of in accordance with said sections and except that moneys received from the disposal of mate-rials 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 Territo-rial Treasury, as provided for in-come derived from said school section lands pursuant to said Act. (30 U.S.C. 603)

Disposal of Sand, Peat, Moss, etc., in Alaska; Contracts

Sec. 4. Subject to the provisions of this subchapter, the Secretary may dispose of sand, stone, gravel, 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 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. (30 U.S.C. 604)