30 U.S.C. § 706 — Liabilities of occupants; trespass; limita-

Page 124 TITLE 30—MINERAL LANDS AND MINING § 702 As used in this section, the term ‘‘qualified of- ficer of the United States’’ means the Secretary of the Interior or an employee of the Depart- ment of the Interior so designated by him: Pro- vided, That the Secretary may delegate his au- thority to designate qualified officers to the head of any other department or agency of the United States with respect to lands within the administrative jurisdiction of that department or agency. (Pub. L. 87–851, § 1, Oct. 23, 1962, 76 Stat. 1127; Pub. L. 90–111, § 1, Oct. 23, 1967, 81 Stat. 311.) Editorial Notes AMENDMENTS 1967—Pub. L. 90–111 extended from Oct. 23, 1967, to June 30, 1971, the period in which qualified individuals shall apply for conveyances authorized by this section. § 702. ‘‘Qualified applicant’’ defined For the purposes of this chapter a qualified ap- plicant is a residential occupant-owner, as of Oc- tober 23, 1962, of valuable improvements in an unpatented mining claim which constitute for him a principal place of residence and which he and his predecessors in interest were in posses- sion of for not less than seven years prior to July 23, 1962. (Pub. L. 87–851, § 2, Oct. 23, 1962, 76 Stat. 1127.) § 703. Withdrawal of lands in aid of a govern- mental unit Where the lands for which application is made under section 701 of this title have been with- drawn in aid of a function of a Federal depart- ment or agency other than the Department of the Interior, or of a State, county, municipality, water district, or other local governmental sub- division or agency, the Secretary of the Interior may convey an interest therein only with the consent of the head of the governmental unit concerned and under such terms and conditions as said head may deem necessary. (Pub. L. 87–851, § 3, Oct. 23, 1962, 76 Stat. 1127.) § 704. Purchase of substitute lands; limitations; conditions; payment; conveyance of less than a fee (a) If the Secretary of the Interior determines that conveyance of an interest under section 701 of this title is otherwise justified but the con- sent required by section 703 of this title is not given, he may, in accordance with such proce- dural rules and regulations as he may prescribe, grant the applicant a right to purchase, for resi- dential use, an interest in another tract of land, five acres or less in area, from tracts made available by him for sale under this chapter (1) from the unappropriated and unreserved lands of the United States, or (2) from lands subject to classification under section 315f of title 43. Said right shall not be granted until arrangements satisfactory to the Secretary have been made for termination of the applicant’s occupancy of his unpatented mining claim and for settlement of any liability for the unauthorized use thereof which may have been incurred and shall expire five years from the date on which it was granted unless sooner exercised. The amount to be paid for the interest shall be determined in accord- ance with section 705 of this title. (b) Any conveyance of less than a fee made under this chapter shall include provision for re- moval from the tract of any improvements or other property of the applicant at the close of the period for which the conveyance is made, or if it be an interest terminating on the death of the applicant, within one year thereafter. (Pub. L. 87–851, § 4, Oct. 23, 1962, 76 Stat. 1127.) § 705. Purchase price of conveyed interest; in- stallment payments The Secretary of the Interior, prior to any conveyance under this chapter, shall determine the fair market value of the interest to be con- veyed, exclusive of the value of any improve- ments placed on the lands involved by the appli- cant or his predecessors in interest. Said value shall be determined as of the date of appraisal. In establishing the purchase price to be paid by the applicant for the interest, the Secretary shall take into consideration any equities of the applicant and his predecessors in interest, in- cluding conditions of prior use and occupancy. In any event the purchase price for any interest conveyed shall not exceed its fair market value nor be less than $5 per acre. The Secretary may, in his discretion, allow payment to be made in installments. (Pub. L. 87–851, § 5, Oct. 23, 1962, 76 Stat. 1128.) § 706. Liabilities of occupants; trespass; limita- tions (a) The execution of a conveyance as author- ized by section 701 of this title shall not relieve any occupant of the land conveyed of any liabil- ity, existing on the date of said conveyance, to the United States for unauthorized use of the land in and to which an interest is conveyed. (b) Except where a mining claim embracing land applied for under this chapter by a quali- fied applicant was located at a time when the land included therein was withdrawn or other- wise not subject to such location, no trespass charges shall be sought or collected by the United States from any qualified applicant who has filed an application for land in the mining claim pursuant to this chapter, based upon occu- pancy of such claim, whether residential or oth- erwise, for any period preceding the final admin- istrative determination of the invalidity of the mining claim by the Secretary of the Interior or the voluntary relinquishment of the mining claim, whichever occurs earlier. Nothing con- tained in this chapter shall be construed as cre- ating any liability for trespass to the United States which would not exist in the absence of this chapter. Relief under this section shall be limited to persons who file applications for con- veyances pursuant to section 701 of this title within the period ending June 30, 1971. (Pub. L. 87–851, § 6, Oct. 23, 1962, 76 Stat. 1128; Pub. L. 90–111, § 2, Oct. 23, 1967, 81 Stat. 311.) Editorial Notes AMENDMENTS 1967—Subsec. (b). Pub. L. 90–111 extended from Oct. 23, 1967 to June 30, 1971, the period in which relief shall be Page 125 TITLE 30—MINERAL LANDS AND MINING §§ 721 to 740 accorded under this section to individuals who apply for conveyances pursuant to section 701 of this title. § 707. Reservation of mineral rights In any conveyance under this chapter the min- eral interests of the United States in the lands conveyed are reserved for the term of the estate conveyed. Minerals locatable under the mining laws or disposable under subchapter I of chapter 15 of this title, are withdrawn from all forms of entry and appropriation for the term of the es- tate. The underlying oil, gas, and other leasable minerals of the United States are reserved for exploration and development purposes, but with- out the right of surface ingress and egress, and may be leased by the Secretary under the min- eral leasing laws. (Pub. L. 87–851, § 7, Oct. 23, 1962, 76 Stat. 1128.) § 708. Assignments; succession Rights and privileges to qualify as an appli- cant under this chapter shall not be assignable, but may pass through devise or descent. (Pub. L. 87–851, § 8, Oct. 23, 1962, 76 Stat. 1128.) § 709. Disposition of payments and fees Payments of filing fees and survey costs, and the payments of the purchase price for patents in fee shall be disposed of by the Secretary of the Interior as are such fees, costs, and purchase prices in the disposition of public lands. All pay- ments and fees for occupancy in conveyances of less than the fee, or for permits for life or short- er periods, shall be disposed of by the admin- istering department or agency as are other re- ceipts for the use of the lands involved. (Pub. L. 87–851, § 9, Oct. 23, 1962, 76 Stat. 1128.) CHAPTER 21—METAL AND NONMETALLIC MINE SAFETY §§ 721 to 740. Repealed. Pub. L. 95–164, title III, § 306(a), Nov. 9, 1977, 91 Stat. 1322 This chapter, covering the operation of only metal and nonmetallic mines, is covered by section 801 et seq. of this title following the enactment of Pub. L. 95–164 which brought the operation of all coal and other mines under a single legislative canopy. Section 721, Pub. L. 89–577, § 2, Sept. 16, 1966, 80 Stat. 772, defined ‘‘commerce’’, ‘‘mine’’, ‘‘operator’’, ‘‘Sec- retary’’, and ‘‘Board’’. See section 802 of this title. Section 722, Pub. L. 89–577, § 3, Sept. 16, 1966, 80 Stat. 773, described mines to be covered and empowered Sec- retary of the Interior to decline jurisdiction if effect of the mine on commerce was not sufficiently substantial. See section 801 et seq. of this title. Section 723, Pub. L. 89–577, § 4, Sept. 16, 1966, 80 Stat. 773, related to investigations of metal and nonmetallic mines to obtain information relating to health and safety conditions. See section 811 of this title. Section 724, Pub. L. 89–577, § 5, Sept. 16, 1966, 80 Stat. 773, related to admission of investigators to mines. See section 813 of this title. Section 725, Pub. L. 89–577, § 6, Sept. 16, 1966, 80 Stat. 774, related to development of health and safety stand- ards. See section 811 of this title. Section 726, Pub. L. 89–577, § 7, Sept. 16, 1966, 80 Stat. 775, related to advisory committees. See section 812 of this title. Section 727, Pub. L. 89–577, § 8, Sept. 16, 1966, 80 Stat. 775, related to findings and orders. See section 814 of this title. Section 728, Pub. L. 89–577, § 9, Sept. 16, 1966, 80 Stat. 777, related to review of orders by Secretary of the Inte- rior. See section 815 of this title. Section 729, Pub. L. 89–577, § 10, Sept. 16, 1966, 80 Stat. 778, created Federal Metal and Nonmetallic Mine Safe- ty Board of Review. See section 823 of this title. Section 730, Pub. L. 89–577, § 11, Sept. 16, 1966, 80 Stat. 779, related to review functions of Federal Metal and Nonmetallic Mine Safety Board of Review. See section 823 of this title. Section 731, Pub. L. 89–577, § 12, Sept. 16, 1966, 80 Stat. 781, related to judicial review of final orders of Federal Metal and Nonmetallic Mine Safety Board of Review. See section 816 of this title. Section 732, Pub. L. 89–577, § 13, Sept. 16, 1966, 80 Stat. 782, related to accident and related reports to Secretary of the Interior. See section 813 of this title. Section 733, Pub. L. 89–577, § 14, Sept. 16, 1966, 80 Stat. 782, related to penalties to be imposed for violations of the chapter. See section 820 of this title. Section 734, Pub. L. 89–577, § 15, Sept. 16, 1966, 80 Stat. 782, related to programs of education and training for employers and employees. See section 825 of this title. Section 735, Pub. L. 89–577, § 16, Sept. 16, 1966, 80 Stat. 782, related to State plans and cooperation with State agencies. See section 811 of this title. Section 736, Pub. L. 89–577, § 17, Sept. 16, 1966, 80 Stat. 783, related to administration of chapter by Bureau of Mines of Department of the Interior. See section 557a of Title 29, Labor. Section 737, Pub. L. 89–577, § 18, Sept. 16, 1966, 80 Stat. 784, related to non-applicability of Administrative Pro- cedure Act to proceedings under chapter. See section 815 of this title. Section 738, Pub. L. 89–577, § 19, Sept. 16, 1966, 80 Stat. 784, related to effect of chapter on State laws. See sec- tion 811 of this title. Section 739, Pub. L. 89–577, § 20, Sept. 16, 1966, 80 Stat. 784, related to annual report of Secretary of the Inte- rior to Congress. See section 557a of Title 29, Labor. Section 740, Pub. L. 89–577, § 21, Sept. 16, 1966, 80 Stat. 784, authorized appropriations necessary to carry out chapter. See section 824 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 120 days after Nov. 9, 1977, see section 307 of Pub. L. 95–164, set out as an Effective Date of 1977 Amendment note under section 801 of this title. CHAPTER 22—MINE SAFETY AND HEALTH Sec. 801. Congressional findings and declaration of pur- pose. 802. Definitions. 803. Mines subject to coverage. 804. Interim Compliance Panel. SUBCHAPTER I—GENERAL 811. Mandatory safety and health standards. 812. Advisory committees. 813. Inspections, investigations, and record- keeping. 814. Citations and orders. 815. Procedure for enforcement. 816. Judicial review of Commission orders. 817. Procedures to counteract dangerous condi- tions. 818. Injunctions. 819. Posting of orders and decisions. 820. Penalties. 821. Entitlement of miners to full compensation. 822. Representation of Secretary in civil litiga- tion by Solicitor of Labor. 823. Federal Mine Safety and Health Review Com- mission. 823a. Principal office in District of Columbia; pro- ceedings held elsewhere.