§ 459d-3. — Reservation of oil, gas, and other minerals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC459d-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459d-3. Reservation of oil, gas, and other minerals
(a) When acquiring land, waters, or interests therein, the Secretary
shall permit a reservation by the grantor of all or any part of the oil
and gas minerals in such land or waters and of other minerals therein
which can be removed by similar means, with the right of occupation and
use of so much of the surface of the land or waters as may be required
for all purposes reasonably incident to the mining or removal of such
from beneath the surface of these lands and waters and the lands and
waters adjacent thereto, under such regulations as may be prescribed by
the Secretary with respect to such mining or removal.
(b) Any acquisition hereunder shall exclude and shall not diminish
any right of occupation or use of the surface under grants, leases, or
easements existing on April 11, 1961, which are reasonably necessary for
the exploration, development, production, storing, processing, or
transporting of oil and gas minerals that are removed from outside the
boundaries of the national seashore and the Secretary may grant
additional rights of occupation or use of the surface for the purposes
aforesaid upon the terms and under such regulations as may be prescribed
by him.
(Pub. L. 87-712, Sec. 4, Sept. 28, 1962, 76 Stat. 651.)
Section Referred to in Other Sections
This section is referred to in sections 459d-1, 459d-2, 459d-4,
459d-6, 459d-7 of this title.
