US (United States) Code. Title 30. Chapter 15: Surface resources

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

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-CITE-

30 USC CHAPTER 15 - SURFACE RESOURCES 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 15 - SURFACE RESOURCES

-HEAD-

CHAPTER 15 - SURFACE RESOURCES

-MISC1-

SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC LANDS

Sec.

601. Rules and regulations governing disposal of materials;

payment; removal without charge; lands excluded.

602. Bidding; advertising and other notice; conditions for

negotiation of contract.

603. Disposition of moneys from disposal of materials.

604. Disposal of sand, peat moss, etc., in Alaska;

contracts.

SUBCHAPTER II - MINING LOCATIONS

611. Common varieties of sand, stone, gravel, pumice,

pumicite, or cinders, and petrified wood.

612. Unpatented mining claims.

(a) Prospecting, mining or processing operations.

(b) Reservations in the United States to use of the

surface and surface resources.

(c) Severance or removal of timber.

613. Procedure for determining title uncertainties.

(a) Notice to mining claimants; request;

publication; service.

(b) Failure to file verified statement.

(c) Hearings.

(d) Request for copy of notice.

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

614. Waiver of rights.

615. Limitation of existing rights.

-End-

-CITE-

30 USC SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC

LANDS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 15 - SURFACE RESOURCES

SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC LANDS

-HEAD-

SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC LANDS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 707 of this title;

title 16 sections 460mm-1, 460ppp-3; title 42 section 6502; title

43 sections 299, 1783.

-End-

-CITE-

30 USC Sec. 601 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 15 - SURFACE RESOURCES

SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC LANDS

-HEAD-

Sec. 601. Rules and regulations governing disposal of materials;

payment; removal without charge; lands excluded

-STATUTE-

The Secretary, under such rules and regulations as he may

prescribe, may dispose of mineral materials (including but not

limited to common varieties of the following: 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 subchapter, land

described in subchapter V of chapter 28 of title 43, if the

disposal of such mineral or vegetative materials (1) is not

otherwise expressly authorized by law, including, but not limited

to, subchapter I of chapter 8A of title 43, 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 subchapter and upon the payment of adequate

compensation 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 permit any Federal,

State, or Territorial agency, unit or subdivision, including

municipalities, or any association or corporation not organized for

profit, to take and remove, without charge, materials and resources

subject to this subchapter, 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, municipality, water district or other local governmental

subdivision or agency, the Secretary may make disposals under this

subchapter only with the consent of such other Federal department

or agency or of such State, Territory, or local governmental unit.

Nothing in this subchapter shall be construed to apply to lands in

any national park, or national monument or to any Indian lands, or

lands set aside or held for the use or 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 subchapter, 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 [7 U.S.C. 1010 et seq.] or where

withdrawn for the purpose of any other function of the Department

of Agriculture.

-SOURCE-

(July 31, 1947, ch. 406, Sec. 1, 61 Stat. 681; July 23, 1955, ch.

375, Sec. 1, 69 Stat. 367.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter V (Sec. 1181a et seq.) of chapter 28 of title 43,

referred to in text, was in the original a reference to the Acts of

Aug. 28, 1937 (50 Stat. 874), and June 24, 1954 (68 Stat. 270), as

amended. For complete classification of these Acts to the Code, see

Tables.

Subchapter I (Sec. 315 et seq.) of chapter 8A of title 43,

referred to in text, was in the original a reference to the Act of

June 28, 1934 (48 Stat. 1269), as amended, known as the Taylor

Grazing Act. For complete classification of this Act to the Code,

see Short Title note set out under section 315 of Title 43 and

Tables.

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

classified generally to this title.

The Bankhead-Jones Farm Tenant Act, referred to in text, is act

July 22, 1937, ch. 517, 50 Stat. 522, as amended. Title III of such

Act is classified generally to subchapter III (Sec. 1010 et seq.)

of chapter 33 of Title 7, Agriculture. For complete classification

of this Act to the Code, see section 1000 of Title 7 and Tables.

-MISC1-

AMENDMENTS

1955 - Act July 23, 1955, required disposal under this subchapter

of common varieties of sand, stone, gravel, pumice, pumicite, and

cinders, and gave the Secretary of Agriculture the same authority

as to lands under his jurisdiction as the Secretary of Interior

possesses as to lands under his jurisdiction in the disposal of

mining and vegetative materials.

SHORT TITLE

Act July 31, 1947, ch. 406, 61 Stat. 681, as amended, which is

classified to this subchapter, is popularly known as the "Materials

Act of 1947".

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of the Interior related to compliance with materials

sales contracts under this subchapter and removal permits issued

under this subchapter and enforcement functions of Secretary or

other official in Department of Agriculture insofar as they involve

lands and programs under jurisdiction of that Department related to

compliance with removal of materials under this subchapter with

respect to pre-construction, construction, and initial operation of

transportation system for Canadian and Alaskan natural gas

transferred to Federal Inspector, Office of Federal Inspector for

Alaska Natural Gas Transportation System, until first anniversary

of date of initial operation of Alaska Natural Gas Transportation

System, see Reorg. Plan No. 1 of 1979, Secs. 102(e), (f), 203(a),

eff. July 1, 1979, 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set

out in the Appendix to Title 5, Government Organization and

Employees. Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority vested

in Inspector transferred to Secretary of Energy by section 3012(b)

of Pub. L. 102-486, set out as an Abolition of Office of Federal

Inspector note under section 719e of Title 15, Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 611, 612, 615 of this

title.

-End-

-CITE-

30 USC Sec. 602 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 15 - SURFACE RESOURCES

SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC LANDS

-HEAD-

Sec. 602. Bidding; advertising and other notice; conditions for

negotiation of contract

-STATUTE-

(a) The Secretary shall dispose of materials under this

subchapter 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 disposal of materials to be used in

connection with a public works improvement program on behalf of a

Federal, State or local governmental agency and the public

exigency will not permit the delay incident to advertising; or,

if

(3) the contract is for the disposal of property for which it

is impracticable to obtain competition.

(b) Repealed. Pub. L. 96-470, title I, Sec. 102(a), Oct. 19,

1980, 94 Stat. 2237.

-SOURCE-

(July 31, 1947, ch. 406, Sec. 2, 61 Stat. 681; Pub. L. 87-689, Sec.

1, Sept. 25, 1962, 76 Stat. 587; Pub. L. 94-273, Sec. 20, Apr. 21,

1976, 90 Stat. 379; Pub. L. 96-470, title I, Sec. 102(a), Oct. 19,

1980, 94 Stat. 2237.)

-MISC1-

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-470 struck out subsec. (b) which

required a report to be made to Congress on Apr. 1 and Oct. 1 of

each year of the contracts made under subsec. (a)(2) and (3) during

the period since the date of the last report, which report was to

name each purchaser, furnish the appraised value of the material

involved, state the amount of each contract, and describe the

circumstances leading to the determination that the contract should

be entered into by negotiation instead of competitive bidding after

formal advertising.

1976 - Subsec. (b). Pub. L. 94-273 substituted "April" for

"January" and "October" for "July".

1962 - Pub. L. 87-689 designated existing provisions as subsec.

(a), substituted therein provisions requiring the Secretary to

dispose of materials after formal advertising and such other public

notice as he deems appropriate, and authorizing negotiation of a

contract for the sale of less than 250,000 board-feet of timber, or

for materials to be used in connection with public works

improvement program for a Federal, State, or local governmental

agency where the public exigency will not permit the delay of

advertising, or for property for which it is impracticable to

obtain competition, for provisions requiring publication of notice

once a week for 4 consecutive weeks in a newspaper of general

circulation, and competitive bidding, in cases where the value was

in excess of $1,000, and permitting disposal upon such notice and

in such manner as he prescribed where the value was $1,000 or less,

and added subsec. (b).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other appropriate officer or entity in Departments of Agriculture

and the Interior under this subchapter to Federal Inspector of

Office of Federal Inspector for Alaska Natural Gas Transportation

System, and subsequent transfer to Secretary of Energy, see note

set out under section 601 of this title.

-End-

-CITE-

30 USC Sec. 603 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 15 - SURFACE RESOURCES

SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC LANDS

-HEAD-

Sec. 603. Disposition of moneys from disposal of materials

-STATUTE-

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 subchapter 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 materials 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 Territorial Treasury, as provided for

income derived from said school section lands pursuant to said Act.

-SOURCE-

(July 31, 1947, ch. 406, Sec. 3, 61 Stat. 681; Aug. 31, 1950, ch.

830, 64 Stat. 571; July 23, 1955, ch. 375, Sec. 2, 69 Stat. 368.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter V (Sec. 1181a et seq.) of chapter 28 of title 43,

referred to in text, was in the original a reference to the Acts of

Aug. 28, 1937 (50 Stat. 874), and June 24, 1954 (68 Stat. 270), as

amended. For complete classification of these Acts to the Code, see

Tables.

Act of March 4, 1915 (38 Stat. 1214), referred to in text, is act

Mar. 4, 1915, ch. 181, 38 Stat. 1214, as amended. Section 1 of that

Act, which made reservation of certain Alaska lands for educational

purposes, covered disposition of proceeds or income derived from

reserved lands, and set out the exclusion of certain lands, was

classified to section 353 of Title 48, Territories and Insular

Possessions, and was repealed by Pub. L. 85-508, Sec. 6(k), July 7,

1958, 72 Stat. 343. For complete classification of this Act to the

Code, see Tables.

-MISC1-

AMENDMENTS

1955 - Act July 23, 1955, provided for the disposal of moneys

received by the Secretary of Agriculture, and for the disposal of

revenues from the lands described in sections 1181a to 1181j of

title 43.

1950 - Act Aug. 31, 1950, provided for setting apart as separate

and permanent funds in the Territorial Treasury moneys received

from disposal of materials from school section lands in Alaska.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other appropriate officer or entity in Departments of Agriculture

and the Interior under this subchapter to Federal Inspector of

Office of Federal Inspector for Alaska Natural Gas Transportation

System, and subsequent transfer to Secretary of Energy, see note

set out under section 601 of this title.

-MISC2-

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 611, 612, 615 of this

title; title 31 section 6903.

-End-

-CITE-

30 USC Sec. 604 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 15 - SURFACE RESOURCES

SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC LANDS

-HEAD-

Sec. 604. Disposal of sand, peat moss, etc., in Alaska; contracts

-STATUTE-

Subject to the provisions of this subchapter, the Secretary may

dispose of sand, stone, gravel, and 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 is 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.

-SOURCE-

(July 31, 1947, ch. 406, Sec. 4, as added Aug. 31, 1950, ch. 830,

64 Stat. 572.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other appropriate officer or entity in Departments of Agriculture

and the Interior under this subchapter to Federal Inspector of

Office of Federal Inspector for Alaska Natural Gas Transportation

System, and subsequent transfer to Secretary of Energy, see note

set out under section 601 of this title.

-MISC1-

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-End-

-CITE-

30 USC SUBCHAPTER II - MINING LOCATIONS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 15 - SURFACE RESOURCES

SUBCHAPTER II - MINING LOCATIONS

-HEAD-

SUBCHAPTER II - MINING LOCATIONS

-End-

-CITE-

30 USC Sec. 611 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 15 - SURFACE RESOURCES

SUBCHAPTER II - MINING LOCATIONS

-HEAD-

Sec. 611. Common varieties of sand, stone, gravel, pumice,

pumicite, or cinders, and petrified wood

-STATUTE-

No deposit of common varieties of sand, stone, gravel, pumice,

pumicite, or cinders and no deposit of petrified wood shall be

deemed a valuable mineral deposit within the meaning of the mining

laws of the United States so as to give effective validity to any

mining claim hereafter located under such mining laws: Provided,

however, That nothing herein shall affect the validity of any

mining location based upon discovery of some other mineral

occurring in or in association with such a deposit. "Common

varieties" as used in this subchapter and sections 601 and 603 of

this title does not include deposits of such materials which are

valuable because the deposit has some property giving it distinct

and special value and does not include so-called "block pumice"

which occurs in nature in pieces having one dimension of two inches

or more. "Petrified wood" as used in this subchapter and sections

601 and 603 of this title means agatized, opalized, petrified, or

silicified wood, or any material formed by the replacement of wood

by silica or other matter.

-SOURCE-

(July 23, 1955, ch. 375, Sec. 3, 69 Stat. 368; Pub. L. 87-713, Sec.

1, Sept. 28, 1962, 76 Stat. 652.)

-REFTEXT-

REFERENCES IN TEXT

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

classified generally to this title.

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-713 defined "petrified wood", and provided that

no deposit of petrified wood shall be deemed a valuable mineral

deposit within the mining laws of the United States.

REGULATIONS FOR REMOVAL OF LIMITED QUANTITIES OF PETRIFIED WOOD

Section 2 of Pub. L. 87-713 provided that: "The Secretary of the

Interior shall provide by regulation that limited quantities of

petrified wood may be removed without charge from those public

lands which he shall specify."

-End-

-CITE-

30 USC Sec. 612 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 15 - SURFACE RESOURCES

SUBCHAPTER II - MINING LOCATIONS

-HEAD-

Sec. 612. Unpatented mining claims

-STATUTE-

(a) Prospecting, mining or processing operations

Any mining claim hereafter located under the mining laws of the

United States shall not be used, prior to issuance of patent

therefor, for any purposes other than prospecting, mining or

processing operations and uses reasonably incident thereto.

(b) Reservations in the United States to use of the surface and

surface resources

Rights under any mining claim hereafter located under the mining

laws of the United States shall be subject, prior to issuance of

patent therefor, to the right of the United States to manage and

dispose of the vegetative surface resources thereof and to manage

other surface resources thereof (except mineral deposits subject to

location under the mining laws of the United States). Any such

mining claim shall also be subject, prior to issuance of patent

therefor, to the right of the United States, its permittees, and

licensees, to use so much of the surface thereof as may be

necessary for such purposes or for access to adjacent land:

Provided, however, That any use of the surface of any such mining

claim by the United States, its permittees or licensees, shall be

such as not to endanger or materially interfere with prospecting,

mining or processing operations or uses reasonably incident

thereto: Provided further, That if at any time the locator requires

more timber for his mining operations than is available to him from

the claim after disposition of timber therefrom by the United

States, subsequent to the location of the claim, he shall be

entitled, free of charge, to be supplied with timber for such

requirements from the nearest timber administered by the disposing

agency which is ready for harvesting under the rules and

regulations of that agency and which is substantially equivalent in

kind and quantity to the timber estimated by the disposing agency

to have been disposed of from the claim: Provided further, That

nothing in this subchapter and sections 601 and 603 of this title

shall be construed as affecting or intended to affect or in any way

interfere with or modify the laws of the States which lie wholly or

in part westward of the ninety-eighth meridian relating to the

ownership, control, appropriation, use, and distribution of ground

or surface waters within any unpatented mining claim.

(c) Severance or removal of timber

Except to the extent required for the mining claimant's

prospecting, mining or processing operations and uses reasonably

incident thereto, or for the construction of buildings or

structures in connection therewith, or to provide clearance for

such operations or uses, or to the extent authorized by the United

States, no claimant of any mining claim hereafter located under the

mining laws of the United States shall, prior to issuance of patent

therefor, sever, remove, or use any vegetative or other surface

resources thereof which are subject to management or disposition by

the United States under subsection (b) of this section. Any

severance or removal of timber which is permitted under the

exceptions of the preceding sentence, other than severance or

removal to provide clearance, shall be in accordance with sound

principles of forest management.

-SOURCE-

(July 23, 1955, ch. 375, Sec. 4, 69 Stat. 368.)

-REFTEXT-

REFERENCES IN TEXT

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

classified generally to this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 613, 614 of this title.

-End-

-CITE-

30 USC Sec. 613 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 15 - SURFACE RESOURCES

SUBCHAPTER II - MINING LOCATIONS

-HEAD-

Sec. 613. Procedure for determining title uncertainties

-STATUTE-

(a) Notice to mining claimants; request; publication; service

The head of a Federal department or agency which has the

responsibility for administering surface resources of any lands

belonging to the United States may file as to such lands in the

office of the Secretary of the Interior, or in such office as the

Secretary of the Interior may designate, a request for publication

of notice to mining claimants, for determination of surface rights,

which request shall contain a description of the lands covered

thereby, showing the section or sections of the public land surveys

which embrace the lands covered by such request, or if such lands

are unsurveyed, either the section or sections which would probably

embrace such lands when the public land 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 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 those instruments which

are shown by the tract indexes in the county office of record as

affecting the lands described in said request, 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 such address

is disclosed by such instruments of record. "Tract indexes" as used

herein shall mean those indexes, if any, as to surveyed lands

identifying instruments as affecting a particular legal subdivision

of the public land surveys, and as to unsurveyed lands identifying

instruments as affecting a particular probable legal subdivision

according to a projected extension of the public land surveys.

Thereupon the Secretary of the Interior, at the expense of the

requesting department or agency, shall cause notice to mining

claimants 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 request, as

provided heretofore, 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, rights 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 and 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 claims; 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 right,

title, or interest under such mining claim contrary to or in

conflict with the limitations or restrictions specified in section

612 of this title as to hereafter located unpatented mining claims,

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

mining claim, prior to issuance of patent therefor, shall be

subject to the limitations and restrictions specified in section

612 of this title as to hereafter located unpatented mining claims,

and (iii) to preclude thereafter, prior to issuance of patent, any

assertion by such mining claimant of any right or title to or

interest in or under such mining claim contrary to or in conflict

with the limitations or restrictions specified in section 612 of

this title as to hereafter located unpatented mining claims.

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 department or agency 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 provided

in such subsection (a), 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 right, title, or interest under such

mining claim contrary to or in conflict with the limitations or

restrictions specified in section 612 of this title as to hereafter

located unpatented mining claims, and (ii) to constitute a consent

by such mining claimant that such mining claim, prior to issuance

of patent therefor, shall be subject to the limitations and

restrictions specified in section 612 of this title as to hereafter

located unpatented mining claims, and (iii) to preclude thereafter,

prior to issuance of patent, any assertion by such mining claimant

of any right or title to or interest in or under such mining claim

contrary to or in conflict with the limitations or restrictions

specified in section 612 of this title as to hereafter located

unpatented mining claims.

(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

Interior shall fix a time and place for a hearing to determine the

validity and effectiveness of any right or title to, or interest in

or under such mining claim, which the mining claimant may assert

contrary to or in conflict with the limitations and restrictions

specified in section 612 of this title as to hereafter located

unpatented mining claims, 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. Where verified

statements are filed asserting rights to an aggregate of more than

twenty mining claims, any single hearing shall be limited to a

maximum of twenty mining claims unless the parties affected shall

otherwise stipulate and as many separate hearing (!1) shall be set

as shall be necessary to comply with this provision. 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 so asserted right or interest under the

mining claim, 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 department or agency 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 under or by virtue of any

unpatented mining claim heretofore located and desiring to receive

a copy of any notice to mining claimants which may be published as

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 heretofore located unpatented mining claim under which

such person asserts rights -

(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 department or agency requesting publication 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-

(July 23, 1955, ch. 375, Sec. 5, 69 Stat. 369; Pub. L. 86-507, Sec.

1(26), June 11, 1960, 74 Stat. 201.)

-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 615 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "hearings".

-End-

-CITE-

30 USC Sec. 614 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 15 - SURFACE RESOURCES

SUBCHAPTER II - MINING LOCATIONS

-HEAD-

Sec. 614. Waiver of rights

-STATUTE-

The owner or owners of any unpatented mining claim heretofore

located may waive and relinquish all rights thereunder which are

contrary to or in conflict with the limitations or restrictions

specified in section 612 of this title as to hereafter located

unpatented mining claims. 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 and prior to issuance of patent subject to

the limitations and restrictions in section 612 of this title in

all respects as if said mining claim had been located after July

23, 1955, 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-

(July 23, 1955, ch. 375, Sec. 6, 69 Stat. 372.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 615 of this title.

-End-

-CITE-

30 USC Sec. 615 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 15 - SURFACE RESOURCES

SUBCHAPTER II - MINING LOCATIONS

-HEAD-

Sec. 615. Limitation of existing rights

-STATUTE-

Nothing in this subchapter and sections 601 and 603 of this title

shall be construed in any manner to limit or restrict or to

authorize the limitation or restriction of any existing rights of

any claimant under any valid mining claim heretofore located,

except as such rights may be limited or restricted as a result of a

proceeding pursuant to section 613 of this title, or as a result of

a waiver and relinquishment pursuant to section 614 of this title;

and nothing in this subchapter and sections 601 and 603 of this

title shall be construed in any manner to authorized inclusion in

any patent hereafter issued under the mining laws of the United

States for any mining claim heretofore or hereafter located, of any

reservation, limitation, or restriction not otherwise authorized by

law, or to limit or repeal any existing authority to include any

reservation, limitation, or restriction in any such patent, or to

limit or restrict any use of the lands covered by any patented or

unpatented mining claim by the United States, its lessees,

permittees, and licensees which is otherwise authorized by law.

-SOURCE-

(July 23, 1955, ch. 375, Sec. 7, 69 Stat. 372.)

-REFTEXT-

REFERENCES IN TEXT

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

classified generally to this title.

-End-