§ 49a. — Mining laws of United States extended to Alaska; exploration and mining for precious metals; regulations; conflict of laws; permits; dumping tailings; pumping from sea; reservation of roadway; title to land below line of high tide or highwater mark; transfer of title to future State.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC49a]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL
Sec. 49a. Mining laws of United States extended to Alaska;
exploration and mining for precious metals; regulations;
conflict of laws; permits; dumping tailings; pumping from sea;
reservation of roadway; title to land below line of high tide or
high-water mark; transfer of title to future State
The laws of the United States relating to mining claims, mineral
locations, and rights incident thereto are extended to the Territory of
Alaska: Provided, That, subject only to the laws enacted by Congress for
the protection and preservation of the navigable waters of the United
States, and to the laws for the protection of fish and game, and subject
also to such general rules and regulations as the Secretary of the
Interior may prescribe for the preservation of order and the prevention
of injury to the fish and game, all land below the line of ordinary high
tide on tidal waters and all land below the line of ordinary high-water
mark on nontidal water navigable in fact, within the jurisdiction of the
United States, shall be subject to exploration and mining for gold and
other precious metals, and in the Chilkat River, and its tributaries,
within two and three-tenths miles of United States survey numbered 991
for all metals, by citizens of the United States, or persons who have
legally declared their intentions to become such, under such reasonable
rules and regulations as the miners in organized mining districts may
have heretofore made or may hereafter make governing the temporary
possession thereof for exploration and mining purposes until otherwise
provided by law: Provided further, That the rules and regulations
established by the miners shall not be in conflict with the mining laws
of the United States; and no exclusive permit shall be granted by the
Secretary of the Interior authorizing any person or persons,
corporation, or company to excavate or mine under any of said waters,
and if such exclusive permit has been granted it is revoked and declared
null and void. The rules and regulations prescribed by the Secretary of
the Interior under this section shall not, however, deprive miners on
the beach of the right given to dump tailings into or pump from the sea
opposite their claims, except where such dumping would actually obstruct
navigation or impair the fish and game, and the reservation of a roadway
sixty feet wide under section 687a-2 \1\ of title 43, shall not apply to
mineral lands or town sites. No person shall acquire by virtue of this
section any title to any land below the line of ordinary high tide or
the line of ordinary high-water mark, as the case may be, of the waters
described in this section. Any rights or privileges acquired hereunder
with respect to mining operations in land, title to which is transferred
to a future State upon its admission to the Union and which is situated
within its boundaries, shall be terminable by such State, and the said
mining operations shall be subject to the laws of such State.
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\1\ See References in Text note below.
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(June 6, 1900, ch. 786, title I, Sec. 26, 31 Stat. 329; May 31, 1938,
ch. 297, 52 Stat. 588; Aug. 8, 1947, ch. 514, Sec. 1, 61 Stat. 916; Pub.
L. 85-662, Aug. 14, 1958, 72 Stat. 615.)
References in Text
Section 687a-2 of title 43, referred to in text, was repealed by
Pub. L. 94-579, title VII, Secs. 703(a), 704(a), Oct. 21, 1976, 90 Stat.
2789, 2792.
Codification
Section was formerly classified to section 381 of Title 48,
Territories and Insular Possessions.
Amendments
1958--Pub. L. 85-662 substituted ``fish and game'' for ``fisheries''
in three places, and inserted provisions permitting mining for all
metals in Chilkat River, and its tributaries, within two and three-
tenths miles of United States survey numbered 991.
1947--Act Aug. 8, 1947, permitted exploration for and mining of gold
and other precious metals in beds of navigable streams.
1938--Act May 31, 1938, extended waters subject to exploration and
mining for gold to include all water on shores, bays, and inlets of
Alaska, and substituted Secretary of the Interior for Secretary of War,
among other changes.
Admission of Alaska as State
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on
issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as
required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72
Stat. 339, set out as notes preceding section 21 of Title 48,
Territories and Insular Possessions.
Non-Impairment of Valid Claims and Rights
Section 2 of act Aug. 8, 1947, provided: ``Nothing in this Act
[amending this section] shall be deemed to affect or impair any valid
claims, rights or privileges, including possessory claims under the
first proviso of section 8 of the Act of May 17, 1884 (23 Stat. 26) [25
U.S.C. 280a], arising under any other provision of law.''
Section Referred to in Other Sections
This section is referred to in title 16 section 460mm-1.
