30 U.s.c. 621-625

TITLE 30—MINERAL LANDS AND MINING

§ 614

ulate, 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.

Page 114

linquish 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.
(July 23, 1955, ch. 375, § 6, 69 Stat. 372.)
§ 615. Limitation of existing rights
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.
(July 23, 1955, ch. 375, § 7, 69 Stat. 372.)
CHAPTER 16—MINERAL DEVELOPMENT OF
LANDS WITHDRAWN FOR POWER DEVELOPMENT
Sec.

621.
622.
623.
624.
625.

Entry to lands reserved for power development.
Liability for damage, destruction, or loss of
claim.
Recording and reporting of unpatented
claims; time.
Protection of existing valid claims.
Prohibition of unspecified use.

(July 23, 1955, ch. 375, § 5, 69 Stat. 369; Pub. L.
86–507, § 1(26), June 11, 1960, 74 Stat. 201.)

§ 621. Entry to lands reserved for power development

AMENDMENTS

(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 appli-

1960—Subsec. (a). Pub. L. 86–507 inserted ‘‘or by certified mail’’ after ‘‘registered mail’’ in two places in
last paragraph.

§ 614. Waiver of rights
The owner or owners of any unpatented mining claim heretofore located may waive and re-

Page 115

TITLE 30—MINERAL LANDS AND MINING

cable 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.

§ 623

(Aug. 11, 1955, ch. 797, § 2, 69 Stat. 682; Pub. L.
86–507, § 1(27), June 11, 1960, 74 Stat. 202; Pub. L.
95–91, title IV, § 402(a)(1)(A), title VII, §§ 703, 707,
Aug. 4, 1977, 91 Stat. 584, 606, 607.)
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 (§ 791a et
seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16
and Tables.
AMENDMENTS
1960—Subsec. (b). Pub. L. 86–507 inserted ‘‘or certified
mail’’ after ‘‘registered mail’’.
SHORT TITLE
Act Aug. 11, 1955, ch. 797, § 1, 69 Stat. 681, provided:
‘‘That this Act [enacting this chapter] may be cited as
the ‘Mining Claims Rights Restoration Act of 1955’.’’
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.

§ 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 licensees.
(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 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

TITLE 30—MINERAL LANDS AND MINING

§ 624

after the expiration of any annual assessment
year, a statement as to the assessment work
done or improvements made during the previous
assessment year.
(Aug. 11, 1955, ch. 797, § 4, 69 Stat. 683.)
§ 624. Protection of existing valid claims
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.
(Aug. 11, 1955, ch. 797, § 5, 69 Stat. 683.)
§ 625. Prohibition of unspecified use
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.
(Aug. 11, 1955, ch. 797, § 6, 69 Stat. 683.)
CHAPTER 17—EXPLORATION PROGRAM FOR
DISCOVERY OF MINERALS
Sec.

641.
642.
643.
644.
645.
646.

Establishment and maintenance of program
for exploration; financial assistance.
Exploration contracts.
‘‘Exploration’’ defined.
Advice and assistance by Government departments and agencies; expenditure of funds.
Repealed.
Authorization of appropriations.

§ 641. Establishment and maintenance of program for exploration; financial assistance
The Secretary of the Interior is hereby authorized and directed, in order to provide for discovery of additional domestic mineral reserves,
to establish and maintain a program for exploration by private industry within the United
States, its Territories and possessions for such
minerals, excluding organic fuels, as he shall
from time to time designate, and to provide Federal financial assistance on a participating basis
for that purpose.
(Pub. L. 85–701, § 1, Aug. 21, 1958, 72 Stat. 700.)
CONGRESSIONAL DECLARATION OF POLICY
The recital clause of Pub. L. 85–701, Aug. 21, 1958, 72
Stat. 700, which preceded section 1, provided: ‘‘That it
is declared to be the policy of the Congress to stimulate
exploration for minerals within the United States, its
Territories and possessions.’’

§ 642. Exploration contracts
(a) Terms and conditions; interest rates
In order to carry out the purposes of this chapter, and subject to the provisions of this section,
the Secretary is authorized to enter into explo-

Page 116

ration contracts with individuals, partnerships,
corporations, or other legal entities which shall
provide for such Federal financial participation
as he deems in the national interest. Such contracts shall contain terms and conditions as the
Secretary deems necessary and appropriate, including terms and conditions for the repayment
of the Federal funds made available under any
contract together with interest thereon, as a
royalty on the value of the production from the
area described in the contract. Interest shall be
calculated from the date of the loan. Such interest shall be at rates which (1) are not less than
the rates of interest which the Secretary of the
Treasury shall determine the Department of the
Interior would have to pay if it borrowed such
funds from the Treasury of the United States,
taking into consideration current average yields
on outstanding marketable obligations of the
United States with maturities comparable to
the terms of the particular contracts involved
and (2) plus 2 per centum per annum in lieu of
recovering the cost of administering the particular contracts.
(b) Deposit of royalty payments
Royalty payments received under paragraph
(a) of this section shall be covered into the miscellaneous receipts of the Treasury.
(c) Certification of exploration projects; payment
of royalties; time limitation on payment; royalty agreements
When in the opinion of the Secretary an
analysis and evaluation of the results of the exploration project disclose that mineral production from the area covered by the contract may
be possible he shall so certify within the time
specified in the contract. Upon certification,
payment of royalties shall be a charge against
production for the full period specified in the
contract or until the obligation has been discharged, but in no event shall such royalty payments continue for a period of more than twenty-five years from the date of contract. When
the Secretary determines not to certify he shall
promptly notify the contractor. When the Secretary deems it necessary and in the public interest, he may enter into royalty agreements to
provide for royalty payments in the same manner as though the project had been certified.
(d) Production
No provision of this chapter, nor any rule or
regulation which may be issued by the Secretary shall be construed to require any production from the area described in the contract.
(e) Rules and regulations; adjustment of contracts
The Secretary shall establish and promulgate
such rules and regulations as may be necessary
to carry out the purposes of this chapter: Provided, however, That he may modify and adjust
the terms and conditions of any contract to reduce the amount and term of any royalty payment when he shall determine that such action
is necessary and in the public interest: Provided
further, That no such single contract shall authorize Government participation in excess of
$250,000.