US (United States) Code. Title 30. Chapter 16: Mineral development of lands withdrawn for power development

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

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  • País: Estados Unidos Estados Unidos
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publicidad

-CITE-

30 USC CHAPTER 16 - MINERAL DEVELOPMENT OF LANDS

WITHDRAWN FOR POWER DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 16 - MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER

DEVELOPMENT

-HEAD-

CHAPTER 16 - MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER

DEVELOPMENT

-MISC1-

Sec.

621. Entry to lands reserved for power development.

(a) Conditions of entry.

(b) Placer claims; notice; hearing; order; rules

and regulations.

(c) Validity of withdrawals unaffected.

622. Liability for damage, destruction, or loss of claim.

623. Recording and reporting of unpatented claims; time.

624. Protection of existing valid claims.

625. Prohibition of unspecified use.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 16 section 1907; title 43

section 299.

-End-

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30 USC Sec. 621 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 16 - MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER

DEVELOPMENT

-HEAD-

Sec. 621. Entry to lands reserved for power development

-STATUTE-

(a) Conditions of entry

All public lands belonging to the United States heretofore, now

or hereafter withdrawn or reserved for power development or power

sites shall be open to entry for location and patent of mining

claims and for mining, development, beneficiation, removal, and

utilization of the mineral resources of such lands under applicable

Federal statutes: Provided, That all power rights to such lands

shall be retained by the United States: Provided further, That

locations made under this chapter within the revested Oregon and

California Railroad and reconveyed Coos Bay Wagon grant lands shall

also be subject to the provisions of the Act of April 8, 1948,

Public Law 477 (Eightieth Congress, second session): And provided

further, That nothing contained herein shall be construed to open

for the purposes described in this section any lands (1) which are

included in any project operating or being constructed under a

license or permit issued under the Federal Power Act [16 U.S.C.

791a et seq.] or other Act of Congress, or (2) which are under

examination and survey by a prospective licensee of the Federal

Energy Regulatory Commission, if such prospective licensee holds an

uncanceled preliminary permit issued under the Federal Power Act

authorizing him to conduct such examination and survey with respect

to such lands and such permit has not been renewed in the case of

such prospective licensee more than once.

(b) Placer claims; notice; hearing; order; rules and regulations

The locator of a placer claim under this chapter, however, shall

conduct no mining operations for a period of sixty days after the

filing of a notice of location pursuant to section 623 of this

title. If the Secretary of the Interior, within sixty days from the

filing of the notice of location, notifies the locator by

registered mail or certified mail of the Secretary's intention to

hold a public hearing to determine whether placer mining operations

would substantially interfere with other uses of the land included

within the placer claim, mining operations on that claim shall be

further suspended until the Secretary has held the hearing and has

issued an appropriate order. The order issued by the Secretary of

the Interior shall provide for one of the following: (1) a complete

prohibition of placer mining; (2) a permission to engage in placer

mining upon the condition that the locator shall, following placer

operations, restore the surface of the claim to the condition in

which it was immediately prior to those operations; or (3) a

general permission to engage in placer mining. No order by the

Secretary with respect to such operations shall be valid unless a

certified copy is filed in the same State or county office in which

the locator's notice of location has been filed in compliance with

the United States mining laws.

The Secretary shall establish such rules and regulations as he

deems desirable concerning bonds and deposits with respect to the

restoration of lands to their condition prior to placer mining

operations. Moneys received from any bond or deposit shall be used

for the restoration of the surface of the claim involved, and any

money received in excess of the amount needed for the restoration

of the surface of that claim shall be refunded.

(c) Validity of withdrawals unaffected

Nothing in this chapter shall affect the validity of withdrawals

or reservations for purposes other than power development.

-SOURCE-

(Aug. 11, 1955, ch. 797, Sec. 2, 69 Stat. 682; Pub. L. 86-507, Sec.

1(27), June 11, 1960, 74 Stat. 202; Pub. L. 95-91, title IV, Sec.

402(a)(1)(A), title VII, Secs. 703, 707, Aug. 4, 1977, 91 Stat.

584, 606, 607.)

-REFTEXT-

REFERENCES IN TEXT

Act of April 8, 1948, referred to in subsec. (a), is act Apr. 8,

1948, ch. 179, 62 Stat. 162, which is not classified to the Code.

The Federal Power Act, referred to in subsec. (a), is act June

10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified

generally to chapter 12 (Sec. 791a et seq.) of Title 16,

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

see section 791a of Title 16 and Tables.

-MISC1-

AMENDMENTS

1960 - Subsec. (b). Pub. L. 86-507 inserted "or certified mail"

after "registered mail".

SHORT TITLE

Section 1 of act Aug. 11, 1955, provided: "That this Act

[enacting this chapter] may be cited as the 'Mining Claims Rights

Restoration Act of 1955'."

-TRANS-

TRANSFER OF FUNCTIONS

"Federal Energy Regulatory Commission" substituted for "Federal

Power Commission" in subsec. (a) pursuant to sections 402(a)(1)(A),

703, and 707 of Pub. L. 95-91, which are classified to sections

7172(a)(1)(A), 7293, and 7297 of Title 42, The Public Health and

Welfare, and which terminated Federal Power Commission and

transferred its functions relating to licensing and permits for

dams, reservoirs, or other works for development and improvement of

navigation and for development and utilization of power across,

along, from, or in navigable waters under part I of Federal Power

Act (16 U.S.C. 791a et seq.) to Federal Energy Regulatory

Commission.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 623, 625 of this title.

-End-

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30 USC Sec. 622 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 16 - MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER

DEVELOPMENT

-HEAD-

Sec. 622. Liability for damage, destruction, or loss of claim

-STATUTE-

Prospecting and exploration for and the development and

utilization of mineral resources authorized in this chapter shall

be entered into or continued at the financial risk of the

individual party or parties undertaking such work: Provided, That

the United States, its permittees and licensees shall not be

responsible or held liable or incur any liability for the damage,

destruction, or loss of any mining claim, mill site, facility

installed or erected, income, or other property or investments

resulting from the actual use of such lands or portions thereof for

power development at any time where such power development is made

by or under the authority of the United States, except where such

damage, destruction, or loss results from the negligence of the

United States, its permittees and licensees.

-SOURCE-

(Aug. 11, 1955, ch. 797, Sec. 3, 69 Stat. 682.)

-End-

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30 USC Sec. 623 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 16 - MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER

DEVELOPMENT

-HEAD-

Sec. 623. Recording and reporting of unpatented claims; time

-STATUTE-

The owner of any unpatented mining claim located on land

described in section 621 of this title shall file for record in the

United States district land office of the land district in which

the claim is situated (1) within one year after August 11, 1955, as

to any or all locations heretofore made, or within sixty days of

location as to locations hereafter made, a copy of the notice of

location of the claim; (2) within sixty days after the expiration

of any annual assessment year, a statement as to the assessment

work done or improvements made during the previous assessment year.

-SOURCE-

(Aug. 11, 1955, ch. 797, Sec. 4, 69 Stat. 683.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 621 of this title.

-End-

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30 USC Sec. 624 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 16 - MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER

DEVELOPMENT

-HEAD-

Sec. 624. Protection of existing valid claims

-STATUTE-

Nothing in this chapter contained shall be construed to limit or

restrict the rights of the owner or owners of any valid mining

claim located prior to the date of withdrawal or reservation:

Provided, That nothing in this chapter shall be construed to limit

or restrict the rights of the owner or owners of any mining claim

who are diligently working to make a discovery of valuable minerals

at the time any future withdrawal or reservation for power

development is made.

-SOURCE-

(Aug. 11, 1955, ch. 797, Sec. 5, 69 Stat. 683.)

-End-

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30 USC Sec. 625 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 16 - MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER

DEVELOPMENT

-HEAD-

Sec. 625. Prohibition of unspecified use

-STATUTE-

Notwithstanding any other provisions of this chapter, all mining

claims and mill sites or mineral rights located under the terms of

this chapter or otherwise contained on the public lands as

described in section 621 of this title shall be used only for the

purposes specified in section 621 of this title and no facility or

activity shall be erected or conducted thereon for other purposes.

-SOURCE-

(Aug. 11, 1955, ch. 797, Sec. 6, 69 Stat. 683.)

-End-