US (United States) Code. Title 30. Chapter 12: Multiple mineral development of the same tracts

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Mineral lands and mining

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-CITE-

30 USC CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE

SAME TRACTS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-

CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-MISC1-

Sec.

521. Mineral leasing claims.

(a) Preference categories.

(b) Labor and improvements.

(c) Withdrawal or reservation of lands.

522. Conflicting periods of location of claims.

523. Uranium leases.

(a) Right to locate mining claims.

(b) Priorities and conflicting rights; termination

of rights.

(c) Future claims on lands covered by application

or lease.

524. Reservation of minerals to United States.

525. Future location of claims on mineral lands.

526. Mining and Leasing Act operations.

(a) Multiple use.

(b) Mining operations to avoid damage to mineral

deposits and interference with mineral

operations.

(c) Leasing Act operations to avoid damage to

mineral deposits and interference with mining

operations.

(d) Damage or interference permitted by court.

(e) Information regarding operations to be

furnished on request.

527. Determination of unpatented mining claims.

(a) Filing of notice.

(b) Failure to file verified statement.

(c) Hearings.

(d) Request for copy of notice.

(e) Failure to deliver or mail copy of notice.

528. Waiver and relinquishment of mineral rights.

529. Helium lands subject to entry.

530. Definitions.

531. Approval of United States officials.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 541, 541b, 541h, 1005 of

this title.

-End-

-CITE-

30 USC Sec. 521 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-

Sec. 521. Mineral leasing claims

-STATUTE-

(a) Preference categories

Subject to the conditions and provisions of this chapter and to

any valid intervening rights acquired under the laws of the United

States, any mining claim located under the mining laws of the

United States subsequent to July 31, 1939, and prior to February

10, 1954, on lands of the United States, which at the time of

location were -

(1) included in a permit or lease issued under the mineral

leasing laws; or

(2) covered by an application or offer for a permit or lease

which had been filed under the mineral leasing laws; or

(3) known to be valuable for minerals subject to disposition

under the mineral leasing laws,

shall be effective to the same extent in all respects as if such

lands at the time of location, and at all times thereafter, had not

been so included or covered or known: Provided, however, That, in

order to be entitled to the benefits of this chapter, the owner of

any such mining claim located prior to January 1, 1953, must have

posted and filed for record, within the time allowed by the

provisions of chapter 11 of this title, an amended notice of

location as to such mining claim, stating that such notice was

filed pursuant to the provisions of said chapter 11 and for the

purpose of obtaining the benefits thereof: And provided further,

That in order to obtain the benefits of this chapter, the owner of

any such mining claim located subsequent to December 31, 1952, and

prior to February 10, 1954, not later than one hundred and twenty

days after August 13, 1954, must post on such claim in the manner

required for posting notice of location of mining claims and file

for record in the office where the notice or certificate of

location of such claim is of record an amended notice of location

for such claim, stating that such notice is filed pursuant to the

provisions of this chapter and for the purpose of obtaining the

benefits thereof and, within said one hundred and twenty day

period, if such owner shall have filed a uranium lease application

as to the tract covered by such mining claim, must file with the

Atomic Energy Commission a withdrawal of such uranium lease

application or, if a uranium lease shall have issued pursuant

thereto, a release of such lease, and must record a notice of the

filing of such withdrawal or release in the county office wherein

such notice or certificate of location shall have been filed for

record.

(b) Labor and improvements

Labor performed or improvements made after the original location

of and upon or for the benefit of any mining claim which shall be

entitled to the benefits of this chapter under the provisions of

subsection (a) of this section, shall be recognized as applicable

to such mining claim for all purposes to the same extent as if the

validity of such mining claim were in no respect dependent upon the

provisions of this chapter.

(c) Withdrawal or reservation of lands

As to any land covered by any mining claim which is entitled to

the benefits of this chapter under the provisions of subsection (a)

of this section, any withdrawal or reservation of lands made after

the original location of such mining claim is hereby modified and

amended so that the effect thereof upon such mining claim shall be

the same as if such mining claim had been located upon lands of the

United States which, subsequent to July 31, 1939, and prior to the

date of such withdrawal or reservation, were subject to location

under the mining laws of the United States.

-SOURCE-

(Aug. 13, 1954, ch. 730, Sec. 1, 68 Stat. 708.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws of the United States, referred to in subsecs. (a)

and (c), are classified generally to this title.

For definition of "mineral leasing laws", referred to in subsec.

(a)(1) to (3), see section 530 of this title.

-MISC1-

SHORT TITLE

Act Aug. 13, 1954, which enacted this chapter, amended section

1805 of Title 42, The Public Health and Welfare, and enacted

provisions formerly set out as a note under section 1805 of Title

42, is popularly known as the Multiple Mineral Development Act.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of Title 42, The Public Health and Welfare.

See, also, Transfer of Functions notes set out under those

sections.

-MISC2-

SEPARABILITY

Section 13 of act Aug. 13, 1954, provided that: "If any provision

of this Act [enacting this chapter], or the application of such

provision to any person or circumstances, is held unconstitutional,

invalid, or unenforcible [sic], the remainder of this Act or the

application of such provision to persons or circumstances other

than those as to which it is held unconstitutional, invalid, or

unenforcible [sic], shall not be affected thereby."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 524 of this title.

-End-

-CITE-

30 USC Sec. 522 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-

Sec. 522. Conflicting periods of location of claims

-STATUTE-

(a) If any mining claim which shall have been located subsequent

to December 31, 1952, and prior to December 11, 1953, and which

shall be entitled to the benefits of this chapter, shall cover any

lands embraced within any mining claim which shall have been

located prior to January 1, 1953, and which shall be entitled to

the benefits of this chapter, then as to such area of conflict said

mining claim so located subsequent to December 31, 1952, shall be

deemed to have been located December 11, 1953.

(b) If any mining claim hereafter located shall cover any lands

embraced within any mining claim which shall have been located

prior to February 10, 1954, and which shall be entitled to the

benefits of this chapter, then as to such area of conflict said

mining claim hereafter located shall be deemed to have been located

one hundred and twenty-one days after August 13, 1954.

-SOURCE-

(Aug. 13, 1954, ch. 730, Sec. 2, 68 Stat. 709.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 524 of this title.

-End-

-CITE-

30 USC Sec. 523 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-

Sec. 523. Uranium leases

-STATUTE-

(a) Right to locate mining claims

Subject to the conditions and provisions of this chapter and to

any valid prior rights acquired under the laws of the United

States, the owner of any pending uranium lease application or of

any uranium lease shall have, for a period of one hundred and

twenty days after August 13, 1954, as limited in subsection (b) of

this section, the right to locate mining claims upon the lands

covered by said application or lease.

(b) Priorities and conflicting rights; termination of rights

Any rights under any such mining claim so hereafter located

pursuant to the provisions of subsection (a) of this section shall

be subject to any rights of the owner of any mining claim which was

located prior to February 10, 1954, and which was valid on August

13, 1954 or which may acquire validity under the provisions of this

chapter. As to any lands covered by a uranium lease and also by a

pending uranium lease application, the right of mining location

under this section, as between the owner of said lease and the

owner of said application, shall be deemed as to such conflict area

to be vested in the owner of said lease. As to any lands embraced

in more than one such pending uranium lease application, such right

of mining location, as between the owners of such conflicting

applications, shall be deemed to be vested in the owner of the

prior application. Priority of such an application shall be

determined by the time of posting on a tract then available for

such leasing of a notice of lease application in accordance with

paragraph (c) of the Atomic Energy Commission's Domestic Uranium

Program Circular 7 (10 C.F.R. 60.7 (c)) provided there shall have

been timely compliance with the other provisions of said paragraph

(c) or, if there shall not have been such timely compliance, then

by the time of the filing of the uranium lease application with the

Atomic Energy Commission. Any rights under any mining claim located

under the provisions of this section shall terminate at the

expiration of thirty days after the filing for record of the notice

or certificate of location of such mining claim unless, within said

thirty-day period, the owner of the uranium lease application or

uranium lease upon which the location of such mining claim was

predicated shall have filed with the Atomic Energy Commission a

withdrawal of said application or a release of said lease and shall

have recorded a notice of the filing of such withdrawal or release

in the county office wherein such notice or certificate of location

shall be of record.

(c) Future claims on lands covered by application or lease

Except as otherwise provided in subsections (a) and (b) of this

section, no mining claim hereafter located shall be valid as to any

lands which at the time of such location were covered by a uranium

lease application or a uranium lease. Any tract upon which a notice

of lease application has been posted in accordance with said

paragraph (c) of said Circular 7 shall be deemed to have been

included in a uranium lease application from and after the time of

the posting of such notice of lease application: Provided, That

there shall have been timely compliance with the other provisions

of said paragraph (c) or, if there shall not have been such timely

compliance, then from and after the time of the filing of a uranium

lease application with the Atomic Energy Commission.

-SOURCE-

(Aug. 13, 1954, ch. 730, Sec. 3, 68 Stat. 709.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of Title 42, The Public Health and Welfare.

See, also, Transfer of Functions notes set out under those

sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 524 of this title.

-End-

-CITE-

30 USC Sec. 524 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-

Sec. 524. Reservation of minerals to United States

-STATUTE-

Every mining claim or millsite -

(1) heretofore located under the mining laws of the United

States which shall be entitled to benefits under sections 521 to

523 of this title; or

(2) located under the mining laws of the United States after

August 13, 1954 shall be subject, prior to issuance of a patent

therefor, to a reservation to the United States of all Leasing

Act minerals and of the right (as limited in section 526 of this

title) of the United States, its lessees, permittees, and

licensees to enter upon the land covered by such mining claim or

millsite and to prospect for, drill for, mine, treat, store,

transport, and remove Leasing Act minerals and to use so much of

the surface and subsurface of such mining claim or millsite as

may be necessary for such purposes, and whenever reasonably

necessary, for the purpose of prospecting for, drilling for,

mining, treating, storing, transporting, and removing Leasing Act

minerals on and from other lands; and any patent issued for any

such mining claim or millsite shall contain such reservation as

to, but only as to, such lands covered thereby which at the time

of the issuance of such patent were -

(a) included in a permit or lease issued under the mineral

leasing laws; or

(b) covered by an application or offer for a permit or lease

filed under the mineral leasing laws; or

(c) known to be valuable for minerals subject to disposition

under the mineral leasing laws.

-SOURCE-

(Aug. 13, 1954, ch. 730, Sec. 4, 68 Stat. 710.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws of the United States, referred to in text, are

classified generally to this title.

For definitions of "Leasing Act minerals" and "mineral leasing

laws", referred to in par. (2), see section 530 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 527, 528 of this title.

-End-

-CITE-

30 USC Sec. 525 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-

Sec. 525. Future location of claims on mineral lands

-STATUTE-

Subject to the conditions and provisions of this chapter, mining

claims and millsites may hereafter be located under the mining laws

of the United States on lands of the United States which at the

time of location are -

(a) included in a permit or lease issued under the mineral

leasing laws; or

(b) covered by an application or offer for a permit or lease

filed under the mineral leasing laws; or

(c) known to be valuable for minerals subject to disposition

under the mineral leasing laws;

to the same extent in all respects as if such lands were not so

included or covered or known.

-SOURCE-

(Aug. 13, 1954, ch. 730, Sec. 5, 68 Stat. 710.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws of the United States, referred to in text, are

classified generally to this title.

For definition of "mineral leasing laws", referred to in cls. (a)

to (c), see section 530 of this title.

-End-

-CITE-

30 USC Sec. 526 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-

Sec. 526. Mining and Leasing Act operations

-STATUTE-

(a) Multiple use

Where the same lands are being utilized for mining operations and

Leasing Act operations, each of such operations shall be conducted,

so far as reasonably practicable, in a manner compatible with such

multiple use.

(b) Mining operations to avoid damage to mineral deposits and

interference with mineral operations

Any mining operations pursuant to rights under any unpatented or

patented mining claim or millsite which shall be subject to a

reservation to the United States of Leasing Act minerals as

provided in this chapter, shall be conducted, so far as reasonably

practicable, in a manner which will avoid damage to any known

deposit of any Leasing Act mineral. Subject to the provisions of

subsection (d) of this section, mining operations shall be so

conducted as not to endanger or materially interfere with any

existing surface or underground improvements, workings, or

facilities which may have been made for the purpose of Leasing Act

operations, or with the utilization of such improvements, workings,

or facilities.

(c) Leasing Act operations to avoid damage to mineral deposits and

interference with mining operations

Any Leasing Act operations on lands covered by an unpatented or

patented mining claim or millsite which shall be subject to a

reservation to the United States of Leasing Act minerals as

provided in this chapter shall be conducted, so far as reasonably

practicable, in a manner which will avoid damage to any known

deposit of any mineral not so reserved from such mining claim or

millsite. Subject to the provisions of subsection (d) of this

section, Leasing Act operations shall be so conducted as not to

endanger or materially interfere with any existing surface or

underground improvements, workings, or facilities which may have

been made for the purpose of mining operations, or with the

utilization of such improvements, workings, or facilities.

(d) Damage or interference permitted by court

If, upon petition of either the mining operator or the Leasing

Act operator, any court of competent jurisdiction shall find that a

particular use in connection with one of such operations cannot be

reasonably and properly conducted without endangering or materially

interfering with the then existing improvements, workings, or

facilities of the other of such operations or with the utilization

thereof, and shall find that under the conditions and

circumstances, as they then appear, the injury or damage which

would result from denial of such particular use would outweigh the

injury or damage which would result to such then existing

improvements, workings, or facilities or from interference with the

utilization thereof if that particular use were allowed, then and

in such event such court may permit such use upon payment (or upon

furnishing of security determined by the court to be adequate to

secure payment) to the party or parties who would be thus injured

or damaged, of an amount to be fixed by the court as constituting

fair compensation for the then reasonably contemplated injury or

damage which would result to such then existing improvements,

workings, or facilities or from interference with the utilization

thereof by reason of the allowance of such particular use.

(e) Information regarding operations to be furnished on request

Where the same lands are being utilized for mining operations and

Leasing Act operations, then upon request of the party conducting

either of said operations, the party conducting the other of said

operations shall furnish to and at the expense of such requesting

party copies of any information which said other party may have, as

to the situs of any improvements, workings, or facilities

theretofore made upon such lands, and upon like request, shall

permit such requesting party, at the risk of such requesting party,

to have access at reasonable times to any such improvements,

workings, or facilities for the purpose of surveying and checking

or determining the situs thereof. If damage to or material

interference with a party's improvements, workings, facilities, or

with the utilization thereof shall result from such party's

failure, after request, to so furnish to the requesting party such

information or from denial of such access, such failure or denial

shall relieve the requesting party of any liability for the damage

or interference resulting by reason of such failure or denial.

Failure of a party to furnish requested information or access shall

not impose upon such party any liability to the requesting party

other than for such costs of court and attorney's fees as may be

allowed to the requesting party in enforcing by court action the

obligations of this section as to the furnishing of information and

access. The obligation hereunder of any party to furnish requested

information shall be limited to map and survey information then

available to such party with respect to the situs of improvements,

workings, and facilities and the furnishing thereof shall not be

deemed to constitute any representation as to the accuracy of such

information.

-SOURCE-

(Aug. 13, 1954, ch. 730, Sec. 6, 68 Stat. 710.)

-REFTEXT-

REFERENCES IN TEXT

For definitions of "Leasing Act operations", referred to in

subsecs. (a) to (c) and (e); "Leasing Act minerals", referred to in

subsecs. (b) and (c); and "Leasing Act operator", referred to in

subsec. (d), see section 530 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 524 of this title.

-End-

-CITE-

30 USC Sec. 527 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-

Sec. 527. Determination of unpatented mining claims

-STATUTE-

(a) Filing of notice

Any applicant, offeror, permittee, or lessee under the mineral

leasing laws may file in the office of the Secretary of the

Interior, or in such office as the Secretary may designate, a

request for publication of notice of such application, offer,

permit, or lease, provided expressly, that not less than ninety

days prior to the filing of such request for publication there

shall have been filed for record in the county office of record for

the county in which the lands covered thereby are situate a notice

of the filing of such application or offer or of the issuance of

such permit or lease which notice shall set forth the date of such

filing or issuance, the name and address of the applicant, offeror,

permittee or lessee and the description of the lands covered by

such application, offer, permit or lease, showing the section or

sections of the public land surveys which embrace the lands covered

by such application, offer, permit, or lease, or if such lands are

unsurveyed, either the section or sections which would probably

embrace such lands when the public lands surveys are extended to

such lands or a tie by courses and distances to an approved United

States mineral monument.

The filing of such request for publication shall be accompanied

by a certified copy of such recorded notice and an affidavit or

affidavits of a person or persons over twenty-one years of age

setting forth that the affiant or affiants have examined the lands

involved in a reasonable effort to ascertain whether any person or

persons were in actual possession of or engaged in the working of

such lands or any part thereof, and, if no person or persons were

found to be in actual possession of or engaged in the working of

said lands or any part thereof on the date of such examination,

setting forth such fact, or, if any person or persons were so found

to be in actual possession or engaged in such working on the date

of such examination, setting forth the name and address of each

such person, unless affiant shall have been unable through

reasonable inquiry to obtain information as to the name and address

of any such person, in which event the affidavit shall set forth

fully the nature and results of such inquiry.

The filing of such request for publication shall also be

accompanied by the certificate of a title or abstract company, or

of a title abstractor, or of an attorney, based upon such

company's, abstractor's, or attorney's examination of the

instruments affecting the lands involved, of record in the public

records of the county in which said lands are situate as shown by

the indices of the public records in the county office of record

for said county, setting forth the name of any person disclosed by

said instruments to have an interest in said lands under any

unpatented mining claim heretofore located, together with the

address of such person if disclosed by such instruments of record.

Thereupon the Secretary of the Interior, or his designated

representative, at the expense of the requesting person (who, prior

to the commencement of publication, must furnish the agreement of

the publisher to hold such requesting person alone responsible for

charges of publication), shall cause notice of such application,

offer, permit, or lease to be published in a newspaper having

general circulation in the county in which the lands involved are

situate.

Such notice shall describe the lands covered by such application,

offer, permit, or lease, as provided heretofore in the notice to be

filed in the office of record of the county in which the lands

covered are situate, and shall notify whomever it may concern that

if any person claiming or asserting under, or by virtue of, any

unpatented mining claim heretofore located, any right or interest

in Leasing Act minerals as to such lands or any part thereof, shall

fail to file in the office where such request for publication was

filed (which office shall be specified in such notice) and within

one hundred fifty days from the date of the first publication of

such notice (which date shall be specified in such notice), a

verified statement which shall set forth, as to such unpatented

mining claim:

(1) The date of location;

(2) The book and page of recordation of the notice or

certificate of location;

(3) The section or sections of the public land surveys which

embrace such mining claim; or if such lands are unsurveyed,

either the section or sections which would probably embrace such

mining claim when the public land surveys are extended to such

lands or a tie by courses and distances to an approved United

States mineral monument;

(4) Whether such claimant is a locator or purchaser under such

location; and

(5) The name and address of such claimant and names and

addresses so far as known to the claimant of any other person or

persons claiming any interest or interests in or under such

unpatented mining claim;

such failure shall be conclusively deemed (i) to constitute a

waiver and relinquishment by such mining claimant of any and all

right, title, and interest under such mining claim as to, but only

as to, Leasing Act minerals, and (ii) to constitute a consent by

such mining claimant that such mining claim and any patent issued

therefor, shall be subject to the reservation specified in section

524 of this title, and (iii) to preclude thereafter any assertion

by such mining claimant of any right or title to or interest in any

Leasing Act mineral by reason of such mining claim.

If such notice is published in a daily paper, it shall be

published in the Wednesday issue for nine consecutive weeks, or, if

in a weekly paper, in nine consecutive issues, or, if in a

semiweekly or triweekly paper, in the issue of the same day of each

week for nine consecutive weeks.

Within fifteen days after the date of first publication of such

notice, the person requesting such publication (1) shall cause a

copy of such notice to be personally delivered to or to be mailed

by registered mail or by certified mail addressed to each person in

possession or engaged in the working of the land whose name and

address is shown by an affidavit filed as aforesaid, and to each

person who may have filed, as to any lands described in said

notice, a request for notices, as provided in subsection (d) of

this section, and shall cause a copy of such notice to be mailed by

registered mail or by certified mail to each person whose name and

address is set forth in the title or abstract company's or title

abstractor's or attorney's certificate filed as aforesaid, as

having an interest in the lands described in said notice under any

unpatented mining claim heretofore located, such notice to be

directed to such person's address as set forth in such certificate;

and (2) shall file in the office where said request for publication

was filed an affidavit showing that copies have been so delivered

or mailed.

(b) Failure to file verified statement

If any claimant under any unpatented mining claim heretofore

located which embraces any of the lands described in any notice

published in accordance with the provisions of subsection (a) of

this section shall fail to file a verified statement, as above

provided, within one hundred and fifty days from the date of the

first publication of such notice, such failure shall be

conclusively deemed, except as otherwise provided in subsection (e)

of this section, (i) to constitute a waiver and relinquishment by

such mining claimant of any and all right, title, and interest

under such mining claim as to, but only as to, Leasing Act

minerals, and (ii) to constitute a consent by such mining claimant

that such mining claim and any patent issued therefor, shall be

subject to the reservation specified in section 524 of this title,

and (iii) to preclude thereafter any assertion by such mining

claimant of any right or title to or interest in any Leasing Act

mineral by reason of such mining claim.

(c) Hearings

If any verified statement shall be filed by a mining claimant as

provided in subsection (a) of this section, then the Secretary of

the Interior or his designated representative shall fix a time and

place for a hearing to determine the validity and effectiveness of

the mining claimant's asserted right or interest in Leasing Act

minerals, which place of hearing shall be in the county where the

lands in question or parts thereof are located, unless the mining

claimant agrees otherwise. The procedures with respect to notice of

such a hearing and the conduct thereof, and in respect to appeals

shall follow the then established general procedures and rules of

practice of the Department of the Interior in respect to contests

or protests affecting public lands of the United States. If,

pursuant to such a hearing the final decision rendered in the

matter shall affirm the validity and effectiveness of any mining

claimant's right or interest under the mining claim as to Leasing

Act minerals, then no subsequent proceedings under this section

shall have any force or effect upon the so-affirmed right or

interest of such mining claimant under such mining claim. If at any

time prior to a hearing the person requesting publication of notice

and any person filing a verified statement pursuant to such notice

shall so stipulate, then to the extent so stipulated, but only to

such extent, no hearing shall be held with respect to rights

asserted under that verified statement, and to the extent defined

by the stipulation the rights asserted under that verified

statement shall be deemed to be unaffected by that particular

published notice.

(d) Request for copy of notice

Any person claiming any right in Leasing Act minerals under or by

virtue of any unpatented mining claim heretofore located and

desiring to receive a copy of any notice of any application, offer,

permit, or lease which may be published as above provided in

subsection (a) of this section, and which may affect lands embraced

in such mining claim, may cause to be filed for record in the

county office of record where the notice or certificate of location

of such mining claim shall have been recorded, a duly acknowledged

request for a copy of any such notice. Such request for copies

shall set forth the name and address of the person requesting

copies and shall also set forth, as to each mining claim under

which such person asserts rights in Leasing Act minerals:

(1) the date of location;

(2) the book and page of the recordation of the notice or

certificate of location; and

(3) the section or sections of the public land surveys which

embrace such mining claim; or if such lands are unsurveyed,

either the section or sections which would probably embrace such

mining claim when the public land surveys are extended to such

lands or a tie by courses and distances to an approved United

States mineral monument.

Other than in respect to the requirements of subsection (a) of this

section as to personal delivery or mailing of copies of notices and

in respect to the provisions of subsection (e) of this section, no

such request for copies of published notices and no statement or

allegation in such request and no recordation thereof shall affect

title to any mining claim or to any land or be deemed to constitute

constructive notice to any person that the person requesting copies

has, or claims, any right, title, or interest in or under any

mining claim referred to in such request.

(e) Failure to deliver or mail copy of notice

If any applicant, offeror, permittee, or lessee shall fail to

comply with the requirements of subsection (a) of this section as

to the personal delivery or mailing of a copy of notice to any

person, the publication of such notice shall be deemed wholly

ineffectual as to that person or as to the rights asserted by that

person and the failure of that person to file a verified statement,

as provided in such notice, shall in no manner affect, diminish,

prejudice or bar any rights of that person.

-SOURCE-

(Aug. 13, 1954, ch. 730, Sec. 7, 68 Stat. 711; Pub. L. 86-507, Sec.

1(25), June 11, 1960, 74 Stat. 201.)

-REFTEXT-

REFERENCES IN TEXT

For definitions of "mineral leasing laws", referred to in first

undesignated par. of subsec. (a), and "Leasing Act minerals",

referred to in fifth undesignated par. of subsec. (a) and subsecs.

(b) to (d), see section 530 of this title.

-MISC1-

AMENDMENTS

1960 - Subsec. (a). Pub. L. 86-507 inserted "or by certified

mail" after "registered mail" in two places in last paragraph.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 226 of this title.

-End-

-CITE-

30 USC Sec. 528 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-

Sec. 528. Waiver and relinquishment of mineral rights

-STATUTE-

The owner or owners of any mining claim heretofore located may,

at any time prior to issuance of patent therefor, waive and

relinquish all rights thereunder to Leasing Act minerals. The

execution and acknowledgment of such a waiver and relinquishment by

such owner or owners and the recordation thereof in the office

where the notice or certificate of location of such mining claim is

of record shall render such mining claim thereafter subject to the

reservation referred to in section 524 of this title and any patent

issued therefor shall contain such a reservation, but no such

waiver or relinquishment shall be deemed in any manner to

constitute any concession as to the date of priority of rights

under said mining claim or as to the validity thereof.

-SOURCE-

(Aug. 13, 1954, ch. 730, Sec. 8, 68 Stat. 715.)

-REFTEXT-

REFERENCES IN TEXT

For definition of "Leasing Act minerals", referred to in text,

see section 530 of this title.

-End-

-CITE-

30 USC Sec. 529 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-

Sec. 529. Helium lands subject to entry

-STATUTE-

Lands withdrawn from the public domain which are within (a)

Helium Reserve Numbered 1, pursuant to Executive orders of March

21, 1924, and January 28, 1926, and (b) Helium Reserve Numbered 2

pursuant to Executive Order 6184 of June 26, 1933, shall be subject

to entry and location under the mining laws of the United States,

and to permit and lease under the mineral leasing laws, upon

determination by the Secretary of the Interior, based upon

available geologic and other information, that there is no

reasonable probability that operations pursuant to entry or

location of the particular lands under the mining laws, or pursuant

to a permit or lease of the particular lands under the Mineral

Leasing Act [30 U.S.C. 181 et seq.], will result in the extraction

or cause loss or waste of the helium-bearing gas in the lands of

such reserves: Provided, That the lands shall not become subject to

entry, location, permit or lease until such time as the Secretary

designates in an order published in the Federal Register: And

provided further, That the Secretary may at any time as a condition

to continued mineral operations require the entryman, locator,

permittee or lessee to take such measures either above or below the

surface of the lands as the Secretary deems necessary to prevent

loss or waste of the helium-bearing gas.

-SOURCE-

(Aug. 13, 1954, ch. 730, Sec. 9, 68 Stat. 715.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws of the United States, referred to in text, are

classified generally to this title.

For definition of "mineral leasing laws", referred to in text,

see section 530 of this title.

The Mineral Leasing Act, referred to in text, is act Feb. 25,

1920, ch. 85, 41 Stat. 437, as amended, which is classified

generally to chapter 3A (Sec. 181 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 181 of this title and Tables.

-End-

-CITE-

30 USC Sec. 530 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-

Sec. 530. Definitions

-STATUTE-

As used in this chapter "mineral leasing laws" shall mean the Act

of February 25, 1920 (41 Stat. 437) [30 U.S.C. 181 et seq.]; the

Act of April 17, 1926 (44 Stat. 301) [30 U.S.C. 271 et seq.]; the

Act of February 7, 1927 (44 Stat. 1057) [30 U.S.C. 281 et seq.];

Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.]; and all Acts

heretofore or hereafter enacted which are amendatory of or

supplementary to any of the foregoing Acts; "Leasing Act minerals"

shall mean all minerals which, upon August 13, 1954, are provided

in the mineral leasing laws to be disposed of thereunder and all

geothermal steam and associated geothermal resources which, upon

the effective date of the Geothermal Steam Act of 1970, are

provided in that Act to be disposed of thereunder; "Leasing Act

operations" shall mean operations conducted under a lease, permit,

or license issued under the mineral leasing laws in or incidental

to prospecting for, drilling for, mining, treating, storing,

transporting, or removing Leasing Act minerals; "mining operations"

shall mean operations under any unpatented or patented mining claim

or millsite in or incidental to prospecting for, mining, treating,

storing, transporting, or removing minerals other than Leasing Act

minerals and any other use under any claim of right or title based

upon such mining claim or millsite; "Leasing Act operator" shall

mean any party who shall conduct Leasing Act operations; "mining

operator" shall mean any party who shall conduct mining operations;

"Atomic Energy Act" shall mean the Act of August 1, 1946 (60 Stat.

755), as amended [42 U.S.C. 2011 et seq.]; "Atomic Energy

Commission" shall mean the United States Atomic Energy Commission

established under the Atomic Energy Act or any amendments thereof;

"fissionable source material" shall mean uranium, thorium, and all

other materials referred to in section 5(b)(1) of the Atomic Energy

Act, as amended, as reserved or to be reserved to the United

States; "uranium lease application" shall mean an application for a

uranium lease filed with said Commission with respect to lands

which would be open for entry under the mining laws except for

their being lands embraced within an offer, application, permit, or

lease under the mineral leasing laws or lands known to be valuable

for minerals leasable under those laws; "uranium lease" shall mean

a uranium mining lease issued by said Commission with respect to

any such lands; and "person" shall mean any individual,

corporation, partnership, or other legal entity.

-SOURCE-

(Aug. 13, 1954, ch. 730, Sec. 11, 68 Stat. 716; Pub. L. 91-581,

Sec. 26, Dec. 24, 1970, 84 Stat. 1573.)

-REFTEXT-

REFERENCES IN TEXT

Act of February 25, 1920, referred to in text, is act Feb. 25,

1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral

Leasing Act, which is classified generally to chapter 3A (Sec. 181

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 181 of this

title and Tables.

Act of April 17, 1926, referred to in text, is act Apr. 17, 1926,

ch. 158, 44 Stat. 301, as amended, which is classified generally to

subchapter VIII (Sec. 271 et seq.) of chapter 3A of this title. For

complete classification of this Act to the Code, see Tables.

Act of February 7, 1927, referred to in text, is act Feb. 7,

1927, ch. 66, 44 Stat. 1057, as amended, which enacted subchapter

IX (Sec. 281 et seq.) of chapter 3A of this title, amended sections

181 and 193 of this title, and repealed subchapter VII (Sec. 141 et

seq.) of chapter 3 of this title. For complete classification of

this Act to the Code, see Tables.

The Geothermal Steam Act of 1970, referred to in text, is Pub. L.

91-581, Dec. 24, 1970, 84 Stat. 1566, which is classified

principally to chapter 23 (Sec. 1001 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1001 of this title and Tables.

The effective date of the Geothermal Steam Act of 1970, referred

to in text, probably means the date of enactment of Pub. L. 91-581,

which was approved Dec. 24, 1970.

The Atomic Energy Act, referred to in text, is a reference to the

Atomic Energy Act of 1946 (act Aug. 1, 1946, ch. 724, 60 Stat.

755), prior to its complete amendment and revision by act Aug. 30,

1954, ch. 1073, 68 Stat. 919, which is classified principally to

chapter 23 (Sec. 2011 et seq.) of Title 42, The Public Health and

Welfare. For further details, see Codification note set out under

sections 1801 to 1819 of Title 42 and Short Title note set out

under section 2011 of Title 42. For complete classification of this

Act to the Code, see Tables.

Section 5(b)(1) of the Atomic Energy Act, as amended, referred to

in text, was formerly classified to section 1805(b)(1) of Title 42

and defined "source material". The term is defined in section 11(z)

of the Atomic Energy Act of 1954, as amended, which is classified

to section 2014(z) of Title 42.

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-581 redefined "mineral leasing laws" to exclude

"the Act of October 20, 1914" and to include "Geothermal Steam Act

of 1970" and "Leasing Act minerals" to include "all geothermal

steam and associated geothermal resources which, upon the effective

date of the Geothermal Steam Act of 1970, are provided in that Act

to be disposed of thereunder".

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of Title 42, The Public Health and Welfare.

See, also, Transfer of Functions notes set out under those

sections.

-End-

-CITE-

30 USC Sec. 531 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-

Sec. 531. Approval of United States officials

-STATUTE-

Nothing in this chapter shall be construed to waive, amend, or

repeal the requirement of any provision of any law for approval of

any official of the United States whose approval prior to

prospecting, exploring, or mining would be required.

-SOURCE-

(Aug. 13, 1954, ch. 730, Sec. 12, 68 Stat. 717.)

-End-