§ 541. Entry and location; filing of copy of notice of mining location; report and payment for lignite mined; mineral patents; reservation of minerals to United States.

Subject to the conditions and provisions of this chapter and to any valid intervening rights acquired under the laws of the United States, public lands of the United States classified as or known to be valuable for coal subject to disposition under the mineral leasing laws and which are open to location and entry subject to the conditions and provisions of sections 521-531 of this title, unless embraced within a coal prospecting permit or lease, shall also be open to location and entry under the mining laws of the United States upon the discovery of a valuable source material occurring within any seam, bed, or deposit of lignite in such lands: Provided, That a copy of the notice of any mining location made for source material occurring in any such bed, seam, or deposit, shall be filed for record in the land office of the Bureau of Land Management for the State in which the claim is situated within ninety days after the date of its location: Provided further, That the claimant to any such mining location shall report annually to the Mining Supervisor of the Geological Survey the amount of lignite mined or stripped in the recovery of such valuable source material during each calendar year and tender payment to him of 10 cents per ton thereon. Any mineral patents issued hereunder shall be made subject to the recording and payment requirements of this section and shall contain a reservation to the United States of all Leasing Act minerals owned by the United States other than lignite containing valuable source material and lignite necessary to be stripped or mined in the recovery of such material. Mining claims located and mineral patents issued under the provisions of this chapter shall not include rights to lignite not containing valuable source material except to the extent it may be necessary to mine or strip such lignite in order to mine the source material and, with respect to lode claims, shall not include extralateral rights. For all purposes of this chapter "source material" and "lignite" shall have the meanings given in section 541e of this title. (Aug. 11, 1955, ch. 795, § 1, 69 Stat. 679.)

REFERENCES IN TEXT

For definition of "mineral leasing laws" and "Leasing Act minerals", see section 541e of this title.

§ 541a. Claims located prior to May 25, 1955; extralateral rights; amended notice of mining location. Any mining claim located in a manner prescribed by the mining laws of the United States upon lands of the character described in section 541 of this title, prior to May 25, 1955, if based upon a discovery of valuable source material contained in lignite shall be effective to the same extent as if such lands at the time of location, and at all times thereafter, had not been classified as or known to be valuable for coal subject to disposition under the mineral leasing laws, subject, however, to the provisions of section 541 of this title: Provided, That no extralateral rights shall attach to any mining location validated under this section: And provided further, That the locator or locators of such a mining claim shall, not later than one hundred and eighty days

from and after August 11, 1955, post on the claim and file for record in the office where the notice or certificate of location is of record, an amended notice of the mining location stating that such amended notice is filed pursuant to the provisions of this chapter and for the purpose of obtaining the benefits thereof; and that a copy of said amended notice is, within the said one-hundred-and-eighty-day period, filed in the land office of the Bureau of Land Management for the State in which the mining location is situated, and the mining locator thereafter complies with the requirements of this chapter. (Aug. 1, 1955, ch. 795, § 2, 69 Stat. 679.)

REFERENCES IN TEXT

For definition of "mineral leasing laws", see section 541e of this title.

EXTENSION OF TIME FOR ANNUAL ASSESSMENT WORK Act June 29, 1956, ch. 478, 70 Stat. 438, as amended by Pub. L. 85-68, June 29, 1957, 71 Stat. 226, provided that:

"(a) The time during which labor must be performed, or improvements made pursuant to the provisions of section 2324 of the Revised Statutes of the United States [section 28 of this title], on any unpatented mining claim validated under section 2 of the Act of August 11, 1955 (Public Law 357, Eighty-fourth Congress, 69 Stat. 679) [this section] for the period commencing July 1, 1955, is hereby extended until the hour of 12 o'clock meridian July 1, 1958.

"(b) The time during which labor must be performed, or improvements made pursuant to the provisions of section 2324 of the Revised Statutes of the United States (30 U. S. C. 28), on any other unpatented mining claim subject to the Act of August 11, 1955 (Public Law 357, Eighty-fourth Congress; 69 Stat. 679; 30 U. S. C. 541– 5411), for the period commencing July 1, 1956, is hereby extended to 12 o'clock meridian, July 1, 1958."

§ 541b. Mining, removal, and disposal of lignite.

Subject to the provisos of section 541a of this title, any mining location made under the mining laws of the United States, including sections 521-531 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, 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. (Aug. 11, 1955, ch. 795, § 3, 69 Stat. 680.) REFERENCES IN TEXT

For definition of "Leasing Act minerals", see section 541e of this title.

The Atomic Energy Act of 1954, referred to in text, is classified to chapter 23 of Title 42, The Public Health and Welfare.

The 1872 Mining Act, as amended, referred to in text, means act May 10, 1872, ch. 152, 17 Stat. 91, which is classified generally to chapter 2 of this title.

§ 541c. Same; lands where coal deposits have been reserved to the United States.

The entryman or owner of any land or the assignee of rights therein, including lands granted to States, with respect to which the coal deposits have been reserved to the United States pursuant to the provisions of section 81 of this title or sections 83-85 of this title, excepting lands embraced within a coal prospecting permit or lease, upon the discovery of valuable source material in lignite situated within such entered, granted, or patented lands, who, except for the reservation of coal to the United States would have the right to mine and remove such source material, shall have the exclusive right to mine, remove, and dispose of lignite containing such source material and lignite necessary to be stripped or mined in the recovery of such material, 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, upon filing in the land office designated in section 541 of this title, an adequate description sufficient to identify the land containing such lignite. (Aug. 11, 1955, ch. 795, § 4, 69 Stat. 680.)

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in the text, is classified to chapter 23 of Title 42, The Public Health and Welfare.

§ 541d. Location of source materials by holders of coal leases.

The holders of coal leases issued under the provision of the mineral leasing laws, including sections 351-359 of this title, prior to August 11, 1955, or thereafter if based upon a prospecting permit issued prior to that date, upon the discovery during the term of such lease of valuable source material in any bed or deposit of lignite situated within the leased lands, shall have the exclusive right to locate such source material under the provisions of this chapter but the mining and disposal of such source material shall be subject to the operating provisions of the lease and to the provisions of the Atomic Energy Act of 1954: Provided, That the provisions of this section shall not apply to coal prospecting, permits or leases on lands embraced within entered, granted or patented lands described in section 541c of this title. (Aug. 11, 1955, ch. 795, § 5, 69 Stat. 680.)

REFERENCES IN TEXT

For definition of "mineral leasing laws", see section 541e of this title.

The Atomic Energy Act of 1954, referred to in the text, is classified to chapter 23 of Title 42, The Public Health and Welfare.

§ 541e. Definitions.

As used in this chapter "mineral leasing laws" shall mean sections 432-445 and 446-452 of Title 48; sections 181-184, 185–188, 189–192, 193, 194, 201, 202-209, 211-214, 223, 224-226, 226–2, 227– 229a, 241, 251, 261-263, 271-276, and 281-287 of this title, and all Acts heretofore or hereafter

enacted which are amendatory of or supplementary to any of the foregoing sections; "Leasing Act minerals" shall mean all minerals which, upon August 11, 1955, are provided in the mineral leasing laws to be disposed of thereunder; "lignite" shall mean coal classified as ASTM designation: D 388-38, according to the standards established in the American Society for Testing Materials on Coal and Coke under standard specifications for Classification of Coals by Rank, contained in public-land deposits considered as valuable under the coal-land classification standards established by the Secretary of the Interior and prescribed in section 30, Code of Federal Regulations, part 201; and "source material” shall mean uranium, thorium, or any other material which is determined by the Atomic Energy Commission pursuant to the provisions of section 2091 of Title 42 to be source material. (Aug. 11, 1955, ch. 795, § 6, 69 Stat. 680.)

REFERENCES IN TEXT

Section 433 of Title 48, included within the references in text to sections 432-445 of Title 48, was repealed by Pub. L. 85-508, § 20, July 7, 1958, 72 Stat. 351.

Sections 432, 434 445, and 446-452 of Title 48 were repealed by Pub. L. 86-252, § 1, Sept. 9, 1959, 73 Stat. 490. Section 30, Code of Federal Regulations, part 201 referred to in the text, probably means Title 30, Code of Federal Regulations, entitled Mineral Resources.

§ 541f. Disbursement of moneys.

All moneys received under the provisions of this chapter shall be paid into the Treasury of the United States and distributed in the same manner as provided in section 191 of this title, and sections 437, 438, and 439 of Title 48. (Aug. 11, 1955, ch. 795, § 7, 69 Stat. 681.)

REFERENCES IN TEXT

Sections 437, 438, and 439 of Title 48, referred to in text, were repealed by Pub. L. 86–252, § 1, Sept. 9, 1959, 73 Stat. 490.

§ 541g. Rules and regulations.

The Secretary of the Interior is authorized to issue such rules and regulations as may be necessary or appropriate to effectuate the purposes of this chapter. (Aug. 11, 1955, ch. 795, § 8, 69 Stat. 681.) § 541h. Savings provisions.

Nothing in this chapter shall be deemed to amend or repeal any provisions of sections 521-531 of this title, or any right granted thereunder. (Aug. 11, 1955, ch. 795, § 9, 69 Stat. 681.)

§ 5411. Withdrawal of lands from entry; expiration of claims.

Twenty years after August 11, 1955, all lands subject to the provisions of section 541 of this title shall be withdrawn from all forms of entry under this chapter. All claims made pursuant to the provisions of this chapter shall expire at that time, except for (1) claims for which patent has already been issued, and (2) claims on which application for patent has already been made and on which patent is subsequently issued: Provided, That, if the President shall so provide by Executive order, the provisions of this section shall not become effective until thirty years after August 11, 1955. (Aug. 11, 1955, ch. 795, § 10, 69 Stat. 681.)

Chapter 13.-CONTROL OF COAL-MINE FIRES

Sec.

551. Declaration of policy.

552. Definitions.

553. Duties of Secretary; surveys, research, etc.; projects. 554. Lands subject to chapter.

555. Conditions precedent for aid to non-Federal lands. (a) Enactment of local laws; agreements. (b) Contributions.

556. Administration.

(a) Employment of personnel.

(b) Employment of equipment.

(c) Contractual authority.

(d) Acquisition of lands, etc.

(e) Property restoration.

(f) Contributions; cooperation with other agencies; disposition of monies.

557. Rules and regulations.

558. Appropriations.

§ 551. Declaration of policy.

It is recognized that outcrop and underground fires in coal formations involve serious wastage of the fuel resources of the Nation, and constitute a menace to the health and safety of the public and to surface property. It is therefore declared to be the policy of the Congress to provide for the control and extinguishment of outcrop and underground coal fires and thereby to prevent injuries and loss of life, protect public health, conserve natural resources, and to preserve public and private surface property. (Aug. 31, 1954, ch. 1156, § 1, 68 Stat. 1009.)

§ 552. Definitions.

As used in this chapter:

"Coal" means any of the recognized classifications and ranks of coal, including anthracite, bituminous, semibituminous, subbituminous, and lignite.

"Outcrop" means any place where a formation is visible or substantially exposed at the surface. "Formation" means any vein, seam, stratum, bed, or other naturally occurring deposit.

"Coal mine" means any underground, surface, or strip mine from which coal is obtained.

"State" means any State or Territory of the United States, or any political subdivision thereof. "Person" means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. 31, 1954, ch. 1156, § 2, 68 Stat. 1009.)

(Aug.

§ 553. Duties of Secretary; surveys, research, etc.; projects.

The Secretary of the Interior, in order to effectuate the policy declared in section 551 of this title, is authorized

(a) to conduct surveys, investigations, and research relating to the causes and extent of outcrop and underground fires in coal formations and the methods for control or extinguishment of such fires; to publish the results of any such surveys, investigations, and researches; and to disseminate information concerning such method; and

(b) to plan and execute projects for control or extinguishment of fires in coal formations. (Aug. 31, 1954, ch. 1156, § 3, 68 Stat. 1009.)

§ 554. Lands subject to chapter.

The acts authorized in section 553 of this title may be performed

(a) on lands owned or controlled by the United States or any of its agencies, with the cooperation of the agency having jurisdiction thereof; and

(b) on any other lands, upon obtaining proper consent or the necessary rights or interests in such lands; Provided, however, That expenditure of Federal funds for this purpose in any privately owned operating coal mine shall be limited to the acts authorized in section 553(a) of this title. (Aug. 31, 1954, ch. 1156, § 4, 68 Stat. 1009.)

§ 555. Conditions precedent for aid to non-Federal lands.

(a) Enactment of local laws; agreements.

As a condition to the extending of any benefits under section 553 (b) of this title to any lands not owned or controlled by the United States or any of its agencies, except where such action is necessary for the protection of lands or other property owned or controlled by the United States or any of its agencies, the Secretary of the Interior may require—

(1) the enactment of State or local laws providing for the control and extinguishment of outcrop and underground fires in coal formations on State or privately owned land and the cooperation of State or local authorities in the work; and

(2) agreements or covenants as to the performance and maintenance of the work required to control or extinguish such fires.

(b) Contributions.

The Secretary of the Interior shall require in connection with any project for the control or extinguishment of fires in any inactive coal mine on any lands not owned or controlled by the United States or any of its agencies, except where such project is necessary for the protection of lands or other property owned or controlled by the United States or any of its agencies, (1) that the State or person owning or controlling such lands contribute on a matching basis 50 per centum of the cost of planning and executing such project, or (2), if such State or person furnishes evidence satisfactory to the Secretary of the Interior of an inability to make the matching contribution herein provided for, that such State or person pay to the Government, within such period of time as the Secretary of the Interior shall determine, an amount equal to 50 per centum of the cost of planning and executing such project. At least 75 per centum of the funds expended in any fiscal year, from any appropriation available to carry out the purposes of this chapter, in connection with projects for the control or extinguishment of fires in inactive coal mines where such action is not necessary for the protection of lands or other property owned or controlled by the United States or any of its agencies, shall be expended in conformity with clause (1) of this subsection. (Aug. 31, 1954, ch. 1156, § 5, 68 Stat. 1010.)

§ 556. Administration.

In carrying out the provisions of section 553 of this title the Secretary of the Interior is authorized(a) Employment of personnel.

to secure, by contract or otherwise, and without regard to the civil service laws and the Classification Act of 1949, for work of a temporary, intermittent, or emergency character, such personal

services as may be deemed necessary for the efficient and economical performance of the work; (b) Employment of equipment.

to hire, with or without personal services, work animals and animal-drawn and motor-propelled vehicles and equipment, at rates to be approved by the Secretary of the Interior and without regard to the provisions of section 5 of Title 41;

(c) Contractual authority.

to procure all or any part of the surveys, investigations, and control or extinguishment work by contracts with engineers, contractors, or firms or corporations thereof;

(d) Acquisition of lands, etc.

to acquire lands or rights and interests therein, including improvements, by purchase, lease, gift, exchange, condemnation, or otherwise, whenever necessary for the purposes of this chapter;

(e) Property restoration.

to repair, restore, or replace private property damaged or destroyed as a result of, or incident to, operations under this chapter; and

(f) Contributions; cooperation with other agencies; disposition of monies.

to receive and accept money and property, real or personal, or interests therein, as a gift, bequest, or contribution, for use in any of the activities authorized under this chapter; and to conduct any of the activities authorized under this chapter in cooperation with any person or agency, Federal, State, or private. Any money so received shall be deposited in the Treasury of the United States in an available trust fund to be disbursed by the Secretary of the Treasury upon certification by the Secretary of the Interior in accordance with the terms of the grant, and shall remain available until expended for the purposes for which received and accepted.

(Aug. 31, 1954, ch. 1156, § 6, 68 Stat. 1010.)

§ 571. Declaration of policy.

It is recognized that the presence of large volumes of water in anthracite coal formations involves serious wastage of the fuel resources of the Nation, and constitutes a menace to health and safety and national security. It is therefore declared to be the policy of the Congress to provide for the control and drainage of water in the anthracite coal formations and thereby conserve natural resources, promote national security, prevent injuries and loss of life, and preserve public and private property, and to seal abandoned coal mines and to fill voids in abandoned coal mines, in those instances where such work is in the interest of the public health or safety. (July 15, 1955, ch. 369, § 1, 69 Stat. 352; Oct. 15, 1962, Pub. L. 87-818, § 1(1), 76 Stat. 934.)

AMENDMENTS

1962-Pub. L. 87-818 declared it to be the policy of the Congress "to seal abandoned coal mines and to fill voids in abandoned coal mines, in those instances where such work is in the interest of the public health or safety."

§ 572. United States contributions to Pennsylvania— Authority; conditions; limitations.

The Secretary of the Interior is authorized, in order to carry out the purposes mentioned in section 571 of this title, to make financial contributions on the basis of programs or projects approved by the Secretary to the Commonwealth of Pennsylvania (hereinafter designated as the "Commonwealth") to seal abandoned coal mines and to fill voids in abandoned coal mines, in those instances where such work is in the interest of the public health or safety, and for control and drainage of water which, if not so controlled or drained, will cause the flooding of anthracite coal formations, said contributions to be applied to the cost of drainage works, pumping plants, and related facilities but subject, however, to the following conditions and limitations:

(a) Contributions to be matched by Commonwealth. The amounts authorized to be contributed by the Secretary of the Interior to the Commonwealth shall be equally matched by the Commonwealth; (b) Amount of contributions authorized.

The total amount of contributions by the Secretary of the Interior under the authority of this chapter shall not exceed $8,500,000, of which $1,500,000 of the unexpended balance remaining as of July 31, 1962, shall be reserved for the control and drainage of water;

(c) Limitation on use of contribution.

The amounts contributed by the Secretary of the Interior under the authority of this chapter and the

equally matched amounts contributed by the Commonwealth shall not be used for operating and maintaining projects constructed pursuant to this chapter or for the purchase of culm, rock, or spoil banks:

(d) Commonwealth responsible for installation and operation of projects.

The Commonwealth shall have full responsibility for installing, operating, and maintaining projects constructed pursuant to this chapter, and shall give evidence, satisfactory to the Secretary of the Interior, that it will enforce effective installation, operation, and maintenance safeguards;

(e) Location and operation of projects.

Projects constructed pursuant to this chapter shall be so located, operated, and maintained as to provide the maximum conservation of anthracite coal resources or, in those instances where such work would be in the interest of the public health or safety, to seal abandoned coal mines and to fill voids in abandoned coal mines, and, where possible, to avoid creating inequities among those mines which may be affected by the waters to be controlled thereby; and

(f) Economic justification for abandoned coal mine projects.

Projects for the sealing of abandoned coal mines or the filling of voids in abandoned coal mines shall be determined by the Secretary of the Interior to be economically justified. The Secretary shall not find any project to be economically justified unless the potential benefits are estimated by him to exceed the estimated cost of the project. (July 15, 1955, ch. 369, § 2, 69 Stat. 353; Oct. 15, 1962, Pub. L. 87-818, § 1(2)—(7), 76 Stat. 934.)

AMENDMENTS

1962-Pub. L. 87-818, § 1(2), authorized the Secretary of the Agriculture, in the preamble clause, to seal abandoned coal mines and to fill voids in abandoned coal mines, in those instances where such work is in the interest of the public health or safety.

Subsec. (b). Pub. L. 87-818, § 1(3), reserved $1,500,000 of the unexpended balance remaining as of July 31, 1962, for the control and drainage of water.

Subsec. (c). Pub. L. 87-818, § 1(4), prohibited the use of contributions for the purchase of culm, rock, or spoil banks.

Subsec. (d). Pub. L. 87-818, § 1(5), struck out "and" after the semicolon.

Subsec. (e). Pub. L. 87-818, § 1(6), prescribed that projects be so located, operated, and maintained as to seal abandoned coal mines and to fill voids in abandoned coal mines in those instances where such work would be in the interest of the public health or safety.

Subsec. (f). Pub. L. 87-818, § 1(7), added subsec. (f).

§ 573. Statement by Commonwealth for Secretary.

The Commonwealth shall furnish to the Secretary of the Interior a statement with respect to the project showing work done, the status of the project, expenditures and amounts obligated, at such times and in such detail as the Secretary of the Interior shall require for the purposes of this chapter. (July 15, 1955, ch. 369, § 3, 69 Stat. 353.)

that there is a failure to expend funds in accordance with the terms and conditions governing the Federal contribution for such approved projects, he shall notify the Commonwealth that further payments will not be made to the Commonwealth from appropriations under this chapter until he is satisfied that there will no longer be any such failure. Until he is so satisfied the Secretary of the Interior shall withhold the payment of any financial contributions to the Commonwealth. (July 15, 1955, ch. 369, § 4, 69 Stat. 353.)

§ 575. Annual reports to Congress by Secretary.

The Secretary of the Interior shall render to Congress on or before the first day of February of each year for four consecutive years, commencing on or before February 1, 1957, a report of the progress and accomplishments of the program provided for by this chapter. The Secretary of the Interior shall, on or before the first day of February of each year after the institution of the program for the sealing of abandoned coal mines or the filling of voids in abandoned coal mines, submit a report to Congress of the actions taken under this chapter. (July 15, 1955, ch. 369, § 5, 69 Stat. 353; Oct. 15, 1962, Pub. L. 87-818, § 1(8), 76 Stat. 935.)

(b) Failure to file verified statement.

(c) Hearings.

(d) Request for copy of notice.

(e) Failure to deliver or mail copy of notice. Waiver of rights.

Limitation of existing rights.