§ 621. — Entry to lands reserved for power development.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 30USC621]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 16--MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER DEVELOPMENT
Sec. 621. Entry to lands reserved for power development
(a) Conditions of entry
All public lands belonging to the United States heretofore, now or
hereafter withdrawn or reserved for power development or power sites
shall be open to entry for location and patent of mining claims and for
mining, development, beneficiation, removal, and utilization of the
mineral resources of such lands under applicable Federal statutes:
Provided, That all power rights to such lands shall be retained by the
United States: Provided further, That locations made under this chapter
within the revested Oregon and California Railroad and reconveyed Coos
Bay Wagon grant lands shall also be subject to the provisions of the Act
of April 8, 1948, Public Law 477 (Eightieth Congress, second session):
And provided further, That nothing contained herein shall be construed
to open for the purposes described in this section any lands (1) which
are included in any project operating or being constructed under a
license or permit issued under the Federal Power Act [16 U.S.C. 791a et
seq.] or other Act of Congress, or (2) which are under examination and
survey by a prospective licensee of the Federal Energy Regulatory
Commission, if such prospective licensee holds an uncanceled preliminary
permit issued under the Federal Power Act authorizing him to conduct
such examination and survey with respect to such lands and such permit
has not been renewed in the case of such prospective licensee more than
once.
(b) Placer claims; notice; hearing; order; rules and regulations
The locator of a placer claim under this chapter, however, shall
conduct no mining operations for a period of sixty days after the filing
of a notice of location pursuant to section 623 of this title. If the
Secretary of the Interior, within sixty days from the filing of the
notice of location, notifies the locator by registered mail or certified
mail of the Secretary's intention to hold a public hearing to determine
whether placer mining operations would substantially interfere with
other uses of the land included within the placer claim, mining
operations on that claim shall be further suspended until the Secretary
has held the hearing and has issued an appropriate order. The order
issued by the Secretary of the Interior shall provide for one of the
following: (1) a complete prohibition of placer mining; (2) a permission
to engage in placer mining upon the condition that the locator shall,
following placer operations, restore the surface of the claim to the
condition in which it was immediately prior to those operations; or (3)
a general permission to engage in placer mining. No order by the
Secretary with respect to such operations shall be valid unless a
certified copy is filed in the same State or county office in which the
locator's notice of location has been filed in compliance with the
United States mining laws.
The Secretary shall establish such rules and regulations as he deems
desirable concerning bonds and deposits with respect to the restoration
of lands to their condition prior to placer mining operations. Moneys
received from any bond or deposit shall be used for the restoration of
the surface of the claim involved, and any money received in excess of
the amount needed for the restoration of the surface of that claim shall
be refunded.
(c) Validity of withdrawals unaffected
Nothing in this chapter shall affect the validity of withdrawals or
reservations for purposes other than power development.
(Aug. 11, 1955, ch. 797, Sec. 2, 69 Stat. 682; Pub. L. 86-507,
Sec. 1(27), June 11, 1960, 74 Stat. 202; Pub. L. 95-91, title IV,
Sec. 402(a)(1)(A), title VII, Secs. 703, 707, Aug. 4, 1977, 91 Stat.
584, 606, 607.)
References in Text
Act of April 8, 1948, referred to in subsec. (a), is act Apr. 8,
1948, ch. 179, 62 Stat. 162, which is not classified to the Code.
The Federal Power Act, referred to in subsec. (a), is act June 10,
1920, ch. 285, 41 Stat. 1063, as amended, which is classified generally
to chapter 12 (Sec. 791a et seq.) of Title 16, Conservation. For
complete classification of this Act to the Code, see section 791a of
Title 16 and Tables.
Amendments
1960--Subsec. (b). Pub. L. 86-507 inserted ``or certified mail''
after ``registered mail''.
Short Title
Section 1 of act Aug. 11, 1955, provided: ``That this Act [enacting
this chapter] may be cited as the `Mining Claims Rights Restoration Act
of 1955'.''
Transfer of Functions
``Federal Energy Regulatory Commission'' substituted for ``Federal
Power Commission'' in subsec. (a) pursuant to sections 402(a)(1)(A),
703, and 707 of Pub. L. 95-91, which are classified to sections
7172(a)(1)(A), 7293, and 7297 of Title 42, The Public Health and
Welfare, and which terminated Federal Power Commission and transferred
its functions relating to licensing and permits for dams, reservoirs, or
other works for development and improvement of navigation and for
development and utilization of power across, along, from, or in
navigable waters under part I of Federal Power Act (16 U.S.C. 791a et
seq.) to Federal Energy Regulatory Commission.
Section Referred to in Other Sections
This section is referred to in sections 623, 625 of this title.
