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§54. Liability for damages to stock raising and homestead entries by mining activities.

Notwithstanding the provisions of any Act of Congress to the contrary, any person who hereafter prospects for, mines, or removes by strip or open pit mining methods, any minerals from any land included in a stock raising or other homestead entry or patent, and who had been liable under such an existing Act only for damages caused thereby to the crops or improvements of the entryman or patentee, shall also be liable for any damage that may be caused to the value of the land for grazing by such prospecting for, mining, or removal of minerals. Nothing in this section shall be considered to impair any vested right in existence on June 21, 1949. (June 21, 1949, ch. 232, § 5, 63 Stat. 215.)

SIMILAR PROVISIONS

BUILDING-STONE OR SALINE LAND ENTRIES

UNDER PLACER-MINING LAWS

§ 161. Entry of building-stone lands; previous law unaffected.

Any person authorized to enter lands under the mining laws of the United States may enter lands that are chiefly valuable for building stone under the provisions of the law in relation to placer mineral claims. Lands reserved for the benefit of the public schools or donated to any States shall not be subject to entry under this section. Nothing contained in this section shall be construed to repeal section 471 of Title 16 relating to the establishment of national forests. (Aug. 4, 1892, ch. 375, §§ 1, 3, 27 Stat. 348.)

CODIFICATION

First two sentences of section are from section 1 and last sentence of section is from section 3 of act Aug. 4, 1892.

CROSS REFERENCES

Placer-mineral claims, provisions, see sections 35-38 of this title.

§ 162. Entry of saline lands; limitation.

All unoccupied public lands of the United States containing salt springs, or deposits of salt in any form, and chiefly valuable therefor, shall be subject to location and purchase under the provisions of the law relating to placermining claims. The same person shall not locate or enter more than one claim hereunder. (Jan. 31, 1901, ch. 186, 31 Stat. 745.)

CROSS REFERENCES

Disposition of deposits of coal, phosphate, sodium, potassium, oil, oil shale, and gas. see section 193 of this title. Lease of lands chiefly valuable for deposits of sodium compounds and other mineral salts, see section 262 of this title.

Prospecting permits giving exclusive right to prospect for chlorides, phosphates, nitrates of sodium, etc., see section 261 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 541, 541b, 541h of this title.

Chapter 12A.-ENTRY AND LOCATION ON COAL LANDS ON DISCOVERY OF SOURCE MATERIAL.

Sec.

541. Entry and location; filing of copy of notice of mining location; report and payment for lignite mined: mineral patents: reservation of minerals to United States. 541a. Claims located prior to May 25, 1955; extralateral rights; amended notice of mining location. 541b. Mining, removal, and disposal of lignite.

541c. Same; lands where coal deposits have been reserved to the United States. 541d. Location of source materials by holders of coal leases.

541e. Definitions.

541f. Disbursement of moneys.

541g. Rules and regulations.

541h. Savings provisions.

541i. Withdrawal of lands from entry; expiration of claims.

§541. Entry and location: filing of copy of notice of mining location; report and payment for lignite mined; mineral patents; reservation of minerals to United States.

Subject to the conditions and provisions of this chapter and to any valid intervening rights acquired under the laws of the United States, public lands of the United States classified as or known to be valuable for coal subject to disposition under the mineral leasing laws and which are open to location and entry subject to the conditions and provisions of sections 521 to 531 of this title, unless embraced within a coal prospecting permit or lease, shall also be open to location and entry under the mining laws of the United States upon the discovery of a valuable source material occurring within any seam, bed, or deposit of lignite in such lands: Provided, That a copy of the notice of any mining location made for source material occurring in any such bed, seam, or deposit, shall be filed for record in the land office of the Bureau of Land Management for the State in which the claim is situated within ninety days after the date of its location: Provided further, That the claimant to any such mining location shall report annually to the Mining Supervisor of the Geological Survey the amount of lignite mined or stripped in the recovery of such valuable source material during each calendar year and tender payment to him of 10 cents per ton thereon. Any mineral patents issued hereunder shall be made subject to the recording and payment requirements of this section and shall contain a reservation to the United States of all Leasing Act minerals owned by the United States other than lignite containing valuable source material and lignite necessary to be stripped or mined in the recovery of such material. Mining claims located and mineral patents issued under the provisions of this chapter shall not include rights to lignite not containing valuable source material except to the extent it may be necessary to mine or strip such lignite in order to mine the source material and, with respect to lode claims, shall not include extralateral rights. For all purposes of this chapter "source material" and "lignite" shall have the meanings givens in section 541e of this title. (Aug. 11, 1955, ch. 795, § 1, 69 Stat. 679.)

REFERENCES IN TEXT

For definition of "mineral leasing laws" and "Leasing Act minerals", see section 541e of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 541a, 541b, 541c, 541i of this title.

§541a. Claims located prior to May 25, 1955; extralateral rights; amended notice of mining location.

Any mining claim located in a manner prescribed by the mining laws of the United States upon lands of the character described in section 541 of this title, prior to May 25, 1955, if based upon a discovery of valuable source material contained in lignite shall be effective to the same extent as if such lands at the time of location, and at all times thereafter, had not been classified as or known to be valuable for coal subject to disposition under the mineral leasing laws, subject, however, to the provisions of section 541 of this title: Provided, That no extralateral rights shall attach to any mining location validated under this section: And provided further, That the locator or locators of such a mining claim shall, not later than one hundred and eighty days from and after August 11, 1955, post on the claim and file for record in the office where the notice or certificate of location is of record, an amended notice of the mining location stating that such amended notice is filed pursuant to the provisions of this chapter and for the purpose of obtaining the benefits thereof; and that a copy of said amended notice is, within the said one-hundred-and-eighty-day period, filed in the land office of the Bureau of Land Management for the State in which the mining location is situated, and the mining locator thereafter complies with the requirements of this chapter. (Aug. 11, 1955, ch. 795, § 2, 69 Stat. 679.)

REFERENCES IN TEXT

For definition of "mineral leasing laws", see section 541e of this title.
EXTENSION OF TIME FOR ANNUAL ASSESSMENT WORK

Act June 29, 1956, ch. 478, 70 Stat. 438, as amended by Pub. L. 85-68, June 29, 1957, 71 Stat. 226, provided for extension of time for period commencing July 1, 1955, to 12 o'clock noon July 1, 1958, during which labor must be performed, or improvements made pursuant to section 28 of this title, on any unpatented mining claim validated under this section and for extension of time for period commencing July 1, 1956, to 12 o'clock noon July 1, 1958, during which labor must be performed, or improvements made pursuant to section 28 of this title, on any other unpatented mining claim subject to this chapter.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 541b of this title.

§541b. Mining, removal and disposal of lignite.

Subject to the provisos of section 541a of this title, any mining location made under the mining laws of the United States, including sections 521 to 531 of this title, on lands of the character described in section 541 of this title, except locations made for lands within the exterior boundaries of a prior coal prospecting permit or lease, if based upon a discovery of valuable source material in deposits other than deposits of Leasing Act minerals, shall include the right to mine, remove, and dispose of lignite containing valuable source material and lignite necessary to be stripped or mined in the recovery of source material contained in lignite, subject to the reporting and payment requirements of section 541 of this title, and subject to the provisions of the Atomic Energy Act of 1954, and upon filing in the land office designated in section 541 of this title, an adequate description of his claim or claims containing such lignite: Provided, That nothing in this section shall be construed to limit or restrict the rights acquired by virtue of a mining claim heretofore or hereafter located, under the 1872 Mining Act, as amended, or to impose any additional obligation with respect to the mining and removal of source material which does not occur within any seam, bed, or deposit of lignite. (Aug. 11, 1955, ch. 795, § 3, 69 Stat. 680.)

REFERENCES IN TEXT

For definition of "Leasing Act minerals", see section 541e of this title. The Atomic Energy Act of 1954, referred to in text, is classified to chapter 23 of Title 42. The Public Health and Welfare.

The 1872 Mining Act, as amended, referred to in text, means act May 10, 1872, ch. 152, 17 Stat. 91, which is classified generally to chapter 2 of this title.

§541c. Same; lands where coal deposits have been reserved to the United States.

The entryman or owner of any land or the assignee of rights therein, including lands granted to States, with respect to which the coal deposits have been reserved to the United States pursuant to the provisions of section 81 of this title or sections 83 to 85 of this title, excepting lands embraced within a coal prospecting permit or lease, upon the discovery of valuable source material in lignite situated within such entered, granted, or patented lands, who, except for the reservation of coal to the United States would have the right to mine and remove such source material, shall have the exclusive right to mine, remove, and dispose of lignite containing such source material and lignite necessary to be stripped or mined in the recovery of such material, subject to the reporting and payment requirements of section 541 of this title, and subject to the provisions of the Atomic Energy Act of 1954, upon filing in the land office designated in section 541 of this title, an adequate description sufficient to identify the land containing such lignite. (Aug. 11, 1955, ch. 795, § 4, 69 Stat. 680.)

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in the text, is classified to chapter 23 of Title 42, The Public Health and Welfare.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 541d of this title.

§ 541d. Location of source materials by holders of coal leases.

The holders of coal leases issued under the provision of the mineral leasing laws, including sections 351 to 359 of this title, prior to August 11, 1955, or thereafter if based upon a prospecting permit issued prior to that date, upon the discovery during the term of such lease of valuable source material in any bed or deposit of lignite situated within the leased lands, shall have the exclusive right to locate such source material under the provisions of this chapter but the mining and disposal of such source material shall be subject to the operating provisions of the lease and to the provisions of the Atomic Energy Act of 1954: Provided, That the provisions of this section shall not apply to coal prospecting, permits or leases on lands embraced within entered, granted or patented lands described in section 541c of this title (Aug 11, 1955, ch. 795, § 5, 69 Stat. 680.)

REFERENCES IN TEXT

For definition of "mineral leasing laws", see section 541e of this title.

The Atomic Energy Act of 1954, referred to in the text, is classified to chapter 23 of Title 42, The Public Health and Welfare.

§541e. Definitions.

As used in this chapter "mineral leasing laws" shall mean the Act of October 20, 1914; the Act of February 25, 1920; the Act of April 17, 1926; the Act of of

February 7, 1927; 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 11, 1955, are provided in the mineral leasing laws to be disposed of thereunder; "lignite" shall mean coal classified as ASTM designation: D 388-38, according to the standards established in the American Society for Testing Materials on Coal and Coke under standard specifications for Classification of Coals by Rank, contained in publicland deposits considered as valuable under the coal-land classification standards established by the Secretary of the Interior and prescribed in section 30, Code of Federal Regulations, part 201; and “source material" shall mean uranium, thorium, or any other material which is determined by the Atomic Energy Commission pusuant to the provisions of section 2091 of Title 42 to be source material. (Aug. 11, 1955, ch. 795, § 6, 69 Stat. 680.)

REFERENCES IN TEXT

Act Oct. 20, 1914, referred to in the text, means Alaska Coal Lands Act, Oct. 20, 1914, ch. 330, 38 Stat. 741, which was repealed by Pub. L. 86-252, § 1, Sept. 9, 1959, 73 Stat. 490 and is covered by coal provisions of Mineral Lands Leasing Act, which are classified to section 201 et seq. of this title. Section 2 of Act Oct. 20, 1914, had been previously repealed by Pub. L. 85-508, § 20, July 7, 1958, 72 Stat. 351.

Act Feb. 25, 1920, referred to in the text, means Mineral Lands Leasing Act, Feb. 25, 1920, ch. 85, 41 Stat. 437, which is classified to section 181 et seq. of this title.

Acts Apr. 17, 1926, and Feb. 7, 1927, referred to in the text, means acts Apr. 17, 1926, ch. 158, 44 Stat. 301, and Feb. 7, 1927, ch. 66, 44 Stat. 1057, which are classified to sections 271 et seq. and 281 et seq.: respectively, of this title.

Section 30, Code of Federal Regulations, part 201, referred to in the text, probably means Title 30, Code of Federal Regulations, entitled Mineral Resources.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 541 of this title.

§ 541f. Disbursement of moneys.

All moneys received under the provisions of this chapter shall be paid into the Treasury of the United States and distributed in the same manner as provided in section 191 of this title, and section 9 of the Alaska Coal Leasing Act of October 20, 1914. (Aug. 11, 1955, ch. 795, § 7, 69 Stat. 681.)

REFERENCES IN TEXT

Section 9 of the Alaska Coal Leasing Act of Oct. 20, 1914, referred to in the text, is a reference to provisions of act Oct. 20, 1914, ch. 330, 38 Stat. 744.

Chapter 16.—MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR

Sec.

621.

622.

623.

POWER DEVELOPMENT

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.

Liability for damage, destruction, or loss of claim.

Recording and reporting of unpatented claims; time,

624. Protection of existing valid claims.

625.

Prohibition of unspecified use.

§ 621. Entry to lands reserved for power development.

(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 or other Act of Congress, or (2) which are under examination and survey by a prospective licensee of the Federal Power 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. (Aug. 11, 1955, ch. 797, § 2, 69 Stat. 682; June 11, 1960, Pub. L. 86-507, § 1 (27), 74 Stat. 202.)

REFERENCES IN TEXT

Act of Apr. 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 classified to chapter 12 of Title 16, Conservation. AMENDMENTS

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

mail."

SHORT TITLE

Section 1 of act Aug. 11, 1955, provided that act Aug. 11, 1955, which is classified to this chapter, should be known as the "Mining Claims Rights Restoration Act of 1955".

CROSS REFERENCES

Oregon and California Railroad and Coos Bay Wagon Road grant lands, see section 1181a et seq. of Title 43, Public Lands.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 623, 625 of this title. § 622. Liability for damage, destruction, or loss of claim.

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

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

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

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