30 U.S.C. § 523 — Uranium leases
submitted 72 years ago by ch. 730 to r/title-30-MINERAL-LANDS-AND-MINING · 589 words · no verdicts yet
This section gives certain uranium-lease applicants and leaseholders a temporary right to locate mining claims on the covered land. It sets priorities between competing claims and says when those rights end.
(a) Right to locate mining claims. Subject to this chapter and valid earlier federal rights, an owner of a pending uranium lease application or a uranium lease could, for 120 days after August 13, 1954, locate mining claims on the land covered by the application or lease, subject to subsection (b).
(b) Priorities, conflicting rights, and ending rights. A claim located under subsection (a) remains subject to a claim located before February 10, 1954 that was valid on August 13, 1954 or later becomes valid under this chapter. If land is covered by both a uranium lease and a pending application, the leaseholder has the mining-location right in the conflicting area. If applications conflict, the earlier application has that right. Priority is based first on the time a proper lease-application notice was posted under the cited Circular 7 rule, and otherwise on the time the application was filed with the Atomic Energy Commission. A claim located under this section ends 30 days after its location notice or certificate is recorded unless, during those 30 days, the related applicant or leaseholder withdraws the application or releases the lease with the Commission and records notice of that filing in the county office where the location document is recorded.
(c) Later claims on covered land. Except as subsections (a) and (b) provide, a mining claim located later is not valid against land covered at that time by a uranium lease application or lease. Land where a qualifying lease-application notice has been posted is treated as included in a uranium lease application from the posting time if the other Circular 7 requirements were timely met; otherwise, it is treated that way from the filing time of the application with the Commission.
Subject to the conditions and provisions of this chapter and to any valid prior rights acquired under the laws of the United States, the owner of any pending uranium lease application or of any uranium lease shall have, for a period of one hundred and twenty days after August 13, 1954, as limited in subsection (b) of this section, the right to locate mining claims upon the lands covered by said application or lease.
Any rights under any such mining claim so hereafter located pursuant to the provisions of subsection (a) of this section shall be subject to any rights of the owner of any mining claim which was located prior to February 10, 1954, and which was valid on August 13, 1954 or which may acquire validity under the provisions of this chapter. As to any lands covered by a uranium lease and also by a pending uranium lease application, the right of mining location under this section, as between the owner of said lease and the owner of said application, shall be deemed as to such conflict area to be vested in the owner of said lease. As to any lands embraced in more than one such pending uranium lease application, such right of mining location, as between the owners of such conflicting applications, shall be deemed to be vested in the owner of the prior application. Priority of such an application shall be determined by the time of posting on a tract then available for such leasing of a notice of lease application in accordance with paragraph (c) of the Atomic Energy Commission’s Domestic Uranium Program Circular 7 (10 C.F.R. 60.7 (c)) provided there shall have been timely compliance with the other provisions of said paragraph (c) or, if there shall not have been such timely compliance, then by the time of the filing of the uranium lease application with the Atomic Energy Commission. Any rights under any mining claim located under the provisions of this section shall terminate at the expiration of thirty days after the filing for record of the notice or certificate of location of such mining claim unless, within said thirty-day period, the owner of the uranium lease application or uranium lease upon which the location of such mining claim was predicated shall have filed with the Atomic Energy Commission a withdrawal of said application or a release of said lease and shall have recorded a notice of the filing of such withdrawal or release in the county office wherein such notice or certificate of location shall be of record.
Except as otherwise provided in subsections (a) and (b) of this section, no mining claim hereafter located shall be valid as to any lands which at the time of such location were covered by a uranium lease application or a uranium lease. Any tract upon which a notice of lease application has been posted in accordance with said paragraph (c) of said Circular 7 shall be deemed to have been included in a uranium lease application from and after the time of the posting of such notice of lease application: Provided, That there shall have been timely compliance with the other provisions of said paragraph (c) or, if there shall not have been such timely compliance, then from and after the time of the filing of a uranium lease application with the Atomic Energy Commission.
Source credit: (Aug. 13, 1954, ch. 730, § 3, 68 Stat. 709.)
- 1954Enacted · Act of Aug. 13, 1954, ch. 730 · 68 Stat. 709
A history note hasn’t been published yet. The record shows enactment by ch. 730 on 1954-08-13.
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