Legislación
US (United States) Code. Title 30. Chapter 12: Multiple mineral development of the same tracts
-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-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |