Multiple Mineral Development Act

Page 97

TITLE 30—MINERAL LANDS AND MINING

§ 502. Reservation of minerals to the United
States; rights of entry, disposition and removal
Any mining claim given force and effect as
provided in section 501 of this title shall be subject to the reservation to the United States of
all minerals which, upon August 12, 1953, are
provided in the mineral leasing laws to be disposed of thereunder, and the right of the United
States, its lessees, permittees, and licensees, to
enter upon the land covered by such mining
claim to prospect for, mine, treat, store, and remove such minerals, and to use so much of the
surface and subsurface of such mining claim as
may be necessary for such purposes, and to enter
upon such land whenever reasonably necessary
for the purpose of prospecting for, mining, treating, storing, and removing such minerals on and
from other lands of the United States; and any
patent issued for any such mining claim shall
contain such reservation.
(Aug. 12, 1953, ch. 405, § 2, 67 Stat. 539.)

§ 521

section 1805(b)(1) of Title 42, The Public Health and
Welfare, and defined ‘‘source material’’. Such 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.
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.

§ 505. ‘‘Mineral leasing laws’’ defined
As used in this chapter ‘‘mineral leasing laws’’
shall mean the Act of October 20, 1914 (38 Stat.
741); 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.]
and all Acts heretofore or hereafter enacted
which are amendatory of or supplementary to
any of the foregoing Acts.
(Aug. 12, 1953, ch. 405, § 5, 67 Stat. 540.)

REFERENCES IN TEXT

REFERENCES IN TEXT

For definition of ‘‘mineral leasing laws’’, see section
505 of this title.

Act of October 20, 1914, referred to in text, is act Oct.
20, 1914, ch. 330, 38 Stat. 741, known as the Alaska Coal
Lands Act, which was repealed by Pub. L. 86–252, § 1,
Sept. 9, 1959, 73 Stat. 490. The subject matter of this Act
is generally covered by subchapters I to VII (§ 181 et
seq.) of chapter 3A of this title. For complete classification of this Act to the Code prior to repeal, see Tables.
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 (§ 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 (§ 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 (§ 281 et seq.) of chapter 3A of this title,
amended sections 181 and 193 of this title, and repealed
subchapter VII (§ 141 et seq.) of chapter 3 of this title.
For complete classification of this Act to the Code, see
Tables.

§ 503. Reservations required by law; atomic energy materials
The rights under any mining claim given force
and effect by this chapter shall also be subject
to the reservation to the United States specified
in section 5(b)(7) of the Atomic Energy Act of
1946, as amended, and, in addition, any reservation or reservations required by any other provision or provisions of law; and any patent issued
for such mining claim shall contain such reservations.
(Aug. 12, 1953, ch. 405, § 3, 67 Stat. 540.)
REFERENCES IN TEXT
Section 5(b)(7) of the Atomic Energy Act of 1946, as
amended, referred to in text, was formerly classified to
section 1805(b)(7) of Title 42, The Public Health and
Welfare, and prohibited any benefit to a person from
confidential information acquired from participation in
development of atomic energy program respecting deposits of fissionable source materials on public lands.
Such provisions are covered in section 68(a), (b) of the
Atomic Energy Act of 1954, as amended, which is classified to section 2098(a), (b) of Title 42.

CHAPTER 12—MULTIPLE MINERAL
DEVELOPMENT OF THE SAME TRACTS
Sec.

§ 504. Power to make arrangements respecting
atomic energy materials as unaffected
Except as this chapter provides for (a) validation of certain mining claims located on lands
described in section 501 of this title, and (b) the
modification and amendment of certain withdrawals or reservations of land, nothing in this
chapter shall affect any power or authority duly
vested in the Atomic Energy Commission or any
other agency, department or officer of the
United States to make leases, withdrawals, reservations or other arrangements with respect to
source materials as defined in section 5(b)(1) of
the Atomic Energy Act of 1946, as amended.
(Aug. 12, 1953, ch. 405, § 4, 67 Stat. 540.)
REFERENCES IN TEXT
Section 5(b)(1) of the Atomic Energy Act of 1946, as
amended, referred to in text, was formerly classified to

521.
522.
523.
524.
525.
526.
527.
528.
529.
530.
531.

Mineral leasing claims.
Conflicting periods of location of claims.
Uranium leases.
Reservation of minerals to United States.
Future location of claims on mineral lands.
Mining and Leasing Act operations.
Determination of unpatented mining claims.
Waiver and relinquishment of mineral rights.
Helium lands subject to entry.
Definitions.
Approval of United States officials.

§ 521. Mineral leasing claims
(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

§ 522

TITLE 30—MINERAL LANDS AND MINING

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.

Page 98

(Aug. 13, 1954, ch. 730, § 1, 68 Stat. 708.)
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.
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.
SEPARABILITY
Act Aug. 13, 1954, ch. 730, § 13, 68 Stat. 717, 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.’’

§ 522. Conflicting periods of location of claims
(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.
(Aug. 13, 1954, ch. 730, § 2, 68 Stat. 709.)
§ 523. Uranium leases
(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

Page 99

TITLE 30—MINERAL LANDS AND MINING

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.
(Aug. 13, 1954, ch. 730, § 3, 68 Stat. 709.)
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.

§ 524. Reservation of minerals to United States
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,

§ 526

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.
(Aug. 13, 1954, ch. 730, § 4, 68 Stat. 710.)
§ 525. Future location of claims on mineral lands
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.
(Aug. 13, 1954, ch. 730, § 5, 68 Stat. 710.)
§ 526. Mining and Leasing Act operations
(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 ex-

§ 527

TITLE 30—MINERAL LANDS AND MINING

isting 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

Page 100

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.
(Aug. 13, 1954, ch. 730, § 6, 68 Stat. 710.)
§ 527. Determination
claims

of

unpatented

mining

(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

Page 101

TITLE 30—MINERAL LANDS AND MINING

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

§ 527

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

§ 528

TITLE 30—MINERAL LANDS AND MINING

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

Page 102

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.
(Aug. 13, 1954, ch. 730, § 7, 68 Stat. 711; Pub. L.
86–507, § 1(25), June 11, 1960, 74 Stat. 201.)
AMENDMENTS
1960—Subsec. (a). Pub. L. 86–507 inserted ‘‘or by certified mail’’ after ‘‘registered mail’’ in two places in
last paragraph.

§ 528. Waiver and relinquishment of mineral
rights
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.
(Aug. 13, 1954, ch. 730, § 8, 68 Stat. 715.)
§ 529. Helium lands subject to entry
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.
(Aug. 13, 1954, ch. 730, § 9, 68 Stat. 715.)

Page 103

TITLE 30—MINERAL LANDS AND MINING
REFERENCES IN TEXT

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 (§ 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.

§ 530. Definitions
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.
(Aug. 13, 1954, ch. 730, § 11, 68 Stat. 716; Pub. L.
91–581, § 26, Dec. 24, 1970, 84 Stat. 1573; Pub. L.
109–58, title II, § 236(24), Aug. 8, 2005, 119 Stat.
673.)
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

§ 531

the Mineral Leasing Act, which is classified generally
to chapter 3A (§ 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 (§ 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 (§ 281 et seq.) of chapter 3A of this title,
amended sections 181 and 193 of this title, and repealed
subchapter VII (§ 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 (§ 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 (§ 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.
AMENDMENTS
2005—Pub. L. 109–58 amended directory language of
Pub. L. 91–581, § 26. See 1970 Amendment note below.
1970—Pub. L. 91–581, § 26, as amended by Pub. L.
109–58, 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’’.
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.

§ 531. Approval of United States officials
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.
(Aug. 13, 1954, ch. 730, § 12, 68 Stat. 717.)
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.