CHAPTER 11—MINING CLAIMS ON LANDS SUBJECT TO MINERAL LEASING LAWS

        

§501. Mining claims located between July 31, 1939, and January 1, 1953

(a) Force and effect

Subject to the provisions of this chapter and to any valid intervening rights acquired under 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 January 1, 1953, on lands of the United States which were, at the time of such location—

(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 as if such mining claim had been located on lands which were at the time of such location subject to location under the mining laws of the United States: Provided, however, That in order to obtain the benefits of this chapter, the owner of any such mining claim shall, not later than one hundred and twenty days after August 12, 1953, 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 of such claim, stating that such notice is filed pursuant to the provisions of this chapter and for the purpose of obtaining the benefits thereof.

(b) Labor and improvement

Labor performed or improvements made upon or for the benefit of such mining claims after the original location thereof shall be recognized as applicable thereto for all purposes to the same extent as labor performed and improvements made upon or for the benefit of mining claims which are not affected by this chapter.

(c) Withdrawal or reservation

Any withdrawal or reservation made after the original location of such mining claim affecting land covered by such mining claim is 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, were subject to location under the mining laws of the United States.

(Aug. 12, 1953, ch. 405, §1, 67 Stat. 539.)

§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.)

Editorial Notes

References in Text

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

§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.)

Editorial Notes

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.

§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.)

Editorial Notes

References in Text

Section 5(b)(1) of the Atomic Energy Act of 1946, referred to in text, was formerly classified to 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.

Statutory Notes and Related Subsidiaries

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.)

Editorial Notes

References in Text

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, 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, 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, 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.