[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR643.35]

[Page 94-95]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 643--REAL ESTATE--Table of Contents
 
                            Subpart B--Policy
 
Sec. 643.35  Policy--Mineral leasing on lands controlled by the Department of the Army.

    (a) Acquired lands--(1) General. The Coal Leasing Amendments Act of 
1975, hereinafter referred to as the act, amended the Mineral Leasing 
Act for Acquired Lands (30 U.S.C. 352) and permits the Secretary of 
Interior (SI), with the consent of the Secretary of

[[Page 95]]

Defense, to lease deposits of coal, phosphate, oil, oil shale, gas, 
sodium, potassium and sulfur which are within acquired lands of the 
United States which have been set aside for military or naval purposes. 
The consent requirement is to insure the adequate utilization of the 
lands for the primary purposes for which they have been acquired or are 
being administered. Leasing is subject to the same conditions as 
contained in the leasing provisions of the mineral leasing laws (see 30 
U.S.C. 351). Authority in this paragraph does not permit leasing of 
mineral deposits lying in tidelands, submerged lands, nor in certain 
coastal waters.
    (2) Notwithstanding the generality of the foregoing, leasing of coal 
and lignite deposits is subject to special restrictions. The act permits 
such leasing, provided the Secretary of Defense concurs, only to a 
governmental entity (including any corporation primarily acting as an 
agency or instrumentality of a State) which provides electrical energy 
for sale to the public if such governmental entity is located in the 
State in which such lands are located.
    (b) Public domain lands. Deposits of coal, phosphate, sodium, 
potassium, oil, oil shale, native asphalt, solid and semi-solid bitumen, 
bituminous rock and gas located on public domain lands under the 
jurisdiction of the Department of the Army may be leased by the SI 
pursuant to 30 U.S.C. 181 et seq. with the concurrence of the Secretary 
of the Army.