30 U.S.C. § 541a — Claims located prior to May 25, 1955;

Page 108 TITLE 30—MINERAL LANDS AND MINING § 531 et seq.) of Title 42, The Public Health and Welfare. For further details, see Codification note set out under sec- tions 1801 to 1819 of Title 42 and Short Title note set out under section 2011 of Title 42. For complete classi- fication of this Act to the Code, see Tables. Section 5(b)(1) of the Atomic Energy Act, as amend- ed, referred to in text, was formerly classified to sec- tion 1805(b)(1) of Title 42 and defined ‘‘source material’’. The term is defined in section 11(z) of the Atomic En- ergy Act of 1954, as amended, which is classified to sec- tion 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 in- clude ‘‘all geothermal steam and associated geothermal resources which, upon the effective date of the Geo- thermal Steam Act of 1970, are provided in that Act to be disposed of thereunder’’. 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 Func- tions 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 re- quired. (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. 541a. Claims located prior to May 25, 1955; extra- lateral rights; amended notice of mining lo- cation. 541b. Mining, removal, and disposal of lignite. 541c. 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 disposi- tion under the mineral leasing laws and which are open to location and entry subject to the conditions and provisions of chapter 12 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 de- posit 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 re- covery 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 re- cording and payment requirements of this sec- tion and shall contain a reservation to the United States of all Leasing Act minerals owned by the United States other than lignite con- taining valuable source material and lignite necessary to be stripped or mined in the recov- ery 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 given in section 541e of this title. (Aug. 11, 1955, ch. 795, § 1, 69 Stat. 679.) § 541a. Claims located prior to May 25, 1955; extralateral rights; amended notice of mining location Any mining claim located in a manner pre- scribed 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 loca- tion, 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 sec- tion 541 of this title: Provided, That no extralateral rights shall attach to any mining location validated under this section: And pro- vided 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 loca- tion is of record, an amended notice of the min- ing 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 Page 109 TITLE 30—MINERAL LANDS AND MINING § 541d Land Management for the State in which the mining location is situated, and the mining lo- cator thereafter complies with the requirements of this chapter. (Aug. 11, 1955, ch. 795, § 2, 69 Stat. 679.) Statutory Notes and Related Subsidiaries 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 ex- tension 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, or any unpatented mining claim vali- dated 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 im- provements made pursuant to section 28 of this title, on any other unpatented mining claim subject to this chapter. § 541b. Mining, removal, and disposal of lignite Subject to the provisos of section 541a of this title, any mining location made under the min- ing laws of the United States, including chapter 12 of this title, on lands of the character de- scribed in section 541 of this title, except loca- tions made for lands within the exterior bound- aries of a prior coal prospecting permit or lease, if based upon a discovery of valuable source ma- terial in deposits other than deposits of Leasing Act minerals, shall include the right to mine, remove, and dispose of lignite containing valu- able source material and lignite necessary to be stripped or mined in the recovery of source ma- terial contained in lignite, subject to the report- ing and payment requirements of section 541 of this title, and subject to the provisions of the Atomic Energy Act of 1954 [42 U.S.C. 2011 et. seq.], and upon filing in the land office des- ignated in section 541 of this title, an adequate description of his claim or claims containing such lignite: Provided, That nothing in this sec- tion 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 addi- tional 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.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in text, is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2011 of Title 42 and Tables. The 1872 Mining Act, as amended, referred to in text, is act May 10, 1872, ch. 152, 17 Stat. 91. That act was in- corporated into the Revised Statutes as R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this title. For complete classification of R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344 to the Code, see Tables. § 541c. Lands where coal deposits have been re- served to the United States The entryman or owner of any land or the as- signee of rights therein, including lands granted to States, with respect to which the coal depos- its have been reserved to the United States pur- suant 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 ma- terial 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 mate- rial, subject to the reporting and payment re- quirements of section 541 of this title, and sub- ject to the provisions of the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], 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.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in text, is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2011 of Title 42 and Tables. § 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 chapter 7 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 [42 U.S.C. 2011 et seq.]: Provided, That the provi- sions of this section shall not apply to coal prospecting, permits or leases on lands em- braced within entered, granted or patented lands described in section 541c of this title. (Aug. 11, 1955, ch. 795, § 5, 69 Stat. 680.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in text, is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2011 of Title 42 and Tables.