ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

30 U.S.C. § 49aMining 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

submitted 126 years ago by ch. 786 to r/title-30-MINERAL-LANDS-AND-MINING · 456 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law extends US mining laws to the Territory of Alaska, letting US citizens explore and mine for gold and other precious metals on land below the high-tide or high-water line. Mining must follow miners' own district rules, as long as those rules don't conflict with federal mining law, and the Secretary of the Interior can't grant exclusive mining permits. No one gains ownership of the underlying land through mining, and any state that later joins the Union can end these rights once it takes over that land.

This section takes the United States' mining laws — the rules about mining claims and mineral locations — and extends them to the Territory of Alaska. That said, several limits apply. Mining is still subject to federal laws protecting the country's navigable waters, and to laws protecting fish and game, plus whatever reasonable rules the Secretary of the Interior sets to keep order and protect fish and game. Land below the ordinary high-tide line on tidal waters, and land below the ordinary high-water mark on navigable non-tidal waters, is open for exploring and mining gold and other precious metals — and, within 2.3 miles of a specific government survey point on the Chilkat River and its tributaries, for all metals. This is open to US citizens, and to people who have legally declared they intend to become citizens. They must follow whatever reasonable rules the miners in an organized mining district have already made, or make later, about temporarily holding this land for exploring and mining — until a new law changes things. Those miners' rules can't conflict with federal mining law. The Secretary of the Interior can't grant anyone an exclusive permit to mine under these waters, and if such an exclusive permit was already granted, this law cancels it and makes it void. The Secretary's rules also can't stop beach miners from dumping tailings into the sea or pumping water from the sea near their claims — unless doing so would actually block navigation or hurt fish and game. And the rule elsewhere in the law reserving a 60-foot-wide roadway (under section 687a–2 of title 43) doesn't apply to mineral land or town sites. Nobody gets ownership of the land itself — the land below the high-tide or high-water line — just by mining it under this section. If land covered by this section is later transferred to a new state when that state joins the Union, and the land sits within that state's borders, the state can end any mining rights or privileges granted under this section, and the mining then has to follow that state's own laws.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (June 6, 1900, ch. 786, title I, § 26, 31 Stat. 329; May 31, 1938, ch. 297, 52 Stat. 588; Aug. 8, 1947, ch. 514, § 1, 61 Stat. 916; Pub. L. 85–662, Aug. 14, 1958, 72 Stat. 615.)

history & why it existsrecord from the source credit
  • 1900Enacted · Act of June 6, 1900, ch. 786 · 31 Stat. 329
  • 1938Amended · Act of May 31, 1938, ch. 297 · 52 Stat. 588
  • 1947Amended · Act of Aug. 8, 1947, ch. 514 · 61 Stat. 916
  • 1958Amended · Pub. L. 85-662 · 72 Stat. 615

A history note hasn’t been published yet. The record shows enactment by ch. 786 on 1900-06-06.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case