30 U.S.C. § 527 — Untitled legal text

Page 104 TITLE 30—MINERAL LANDS AND MINING § 526 (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 sub- ject 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 com- patible with such multiple use. (b) Mining operations to avoid damage to min- eral 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 reserva- tion to the United States of Leasing Act min- erals as provided in this chapter, shall be con- ducted, 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- 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 min- ing 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 sub- section (d) of this section, Leasing Act oper- ations shall be so conducted as not to endanger or materially interfere with any existing surface or underground improvements, workings, or fa- cilities which may have been made for the pur- pose of mining operations, or with the utiliza- tion of such improvements, workings, or facili- ties. (d) Damage or interference permitted by court If, upon petition of either the mining operator or the Leasing Act operator, any court of com- petent 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 re- sult to such then existing improvements, work- ings, or facilities or from interference with the utilization thereof if that particular use were al- lowed, then and in such event such court may permit such use upon payment (or upon fur- nishing 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 consti- tuting fair compensation for the then reason- ably contemplated injury or damage which would result to such then existing improve- ments, workings, or facilities or from inter- ference with the utilization thereof by reason of the allowance of such particular use. (e) Information regarding operations to be fur- nished 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, work- ings, 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 the purpose of surveying and checking or deter- mining the situs thereof. If damage to or mate- rial 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 fail- ure or denial. Failure of a party to furnish re- quested information or access shall not impose upon such party any liability to the requesting party other than for such costs of court and at- torney’s fees as may be allowed to the request- ing party in enforcing by court action the obli- gations of this section as to the furnishing of in- formation 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 accu- racy of such information. (Aug. 13, 1954, ch. 730, § 6, 68 Stat. 710.) § 527. Determination of unpatented mining claims (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 Page 105 TITLE 30—MINERAL LANDS AND MINING § 527 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 ad- dress of the applicant, offeror, permittee or les- see and the description of the lands covered by such application, offer, permit or lease, showing the section or sections of the public land sur- veys which embrace the lands covered by such application, offer, permit, or lease, or if such lands are unsurveyed, either the section or sec- tions 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 re- corded 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 ef- fort 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 ac- tual 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 ac- tual possession or engaged in such working on the date of such examination, setting forth the name and address of each such person, unless af- fiant 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, ab- stractor’s, or attorney’s examination of the in- struments 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 per- son disclosed by said instruments to have an in- terest in said lands under any unpatented min- ing claim heretofore located, together with the address of such person if disclosed by such in- struments of record. Thereupon the Secretary of the Interior, or his designated representative, at the expense of the requesting person (who, prior to the commence- ment of publication, must furnish the agree- ment of the publisher to hold such requesting person alone responsible for charges of publica- tion), shall cause notice of such application, offer, permit, or lease to be published in a news- paper 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 publica- tion 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 no- tice (which date shall be specified in such no- tice), 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 sec- tion or sections which would probably em- brace 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 as to, Leasing Act minerals, and (ii) to con- stitute a consent by such mining claimant that such mining claim and any patent issued there- for, shall be subject to the reservation specified in section 524 of this title, and (iii) to preclude thereafter any assertion by such mining claim- ant 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 pub- lication 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 en- gaged 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 cer- tified mail to each person whose name and ad- dress is set forth in the title or abstract com- pany’s or title abstractor’s or attorney’s certifi- cate 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 ad- dress as set forth in such certificate; and (2) shall file in the office where said request for Page 106 TITLE 30—MINERAL LANDS AND MINING § 528 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 state- ment, 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 sub- section (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 min- ing 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 as- serted right or interest in Leasing Act minerals, which place of hearing shall be in the county where the lands in question or parts thereof are located, unless the mining claimant agrees oth- erwise. The procedures with respect to notice of such a hearing and the conduct thereof, and in respect to appeals shall follow the then estab- lished 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 af- firm the validity and effectiveness of any min- ing claimant’s right or interest under the min- ing 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 no- tice and any person filing a verified statement pursuant to such notice shall so stipulate, then to the extent so stipulated, but only to such ex- tent, 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 par- ticular 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 re- quest for copies shall set forth the name and ad- dress 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 sec- tion or sections which would probably em- brace 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 de- livery or mailing of copies of notices and in re- spect 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 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 state- ment, 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.) Editorial Notes AMENDMENTS 1960—Subsec. (a). Pub. L. 86–507 inserted ‘‘or by cer- tified 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 reserva- tion referred to in section 524 of this title and any patent issued therefor shall contain such a reservation, but no such waiver or relinquish-