PRIA, Government Policy, Made Personal

Summary

Mining claims made under U.S. mining laws on the lands described in section 541, and allowed by the rules in section 541a, must include the right to mine, remove, and dispose of lignite that contains valuable source material and any lignite that must be stripped or mined to recover that material. This applies when the claim is based on finding valuable source material (not Leasing Act minerals) and not to lands inside an existing coal prospecting permit or lease. Claimants must file a proper description of the claim in the land office named in section 541 and follow the reporting and payment rules in section 541 and the Atomic Energy Act of 1954. Nothing here changes rights under the 1872 Mining Act or adds duties for source material that is not in a lignite seam, bed, or deposit.

Title 30, §541b

Mineral Lands and Mining, Source: USLM XML via OLRC

Subject to the provisos of section 541a of this title, any mining location made under the mining laws of the United States, including chapter 12 of this title, on lands of the character described in section 541 of this title, except locations made for lands within the exterior boundaries of a prior coal prospecting permit or lease, if based upon a discovery of valuable source material in deposits other than deposits of Leasing Act minerals, shall include the right to mine, remove, and dispose of lignite containing valuable source material and lignite necessary to be stripped or mined in the recovery of source material contained in lignite, subject to the reporting 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 designated in section 541 of this title, an adequate description of his claim or claims containing such lignite: Provided, That nothing in this section 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 additional obligation with respect to the mining and removal of source material which does not occur within any seam, bed, or deposit of lignite.

Notes & Related Subsidiaries

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 section 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 incorporated 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.

§541b Mining, Removal, and Disposal of Lignite