Sec. 402. Valid existing claims

334 words·~2 min read·/bill/114/s/3203/is/section-402

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section: The term claim means an unpatented lode mining claim, placer claim, mill site, or tunnel site located under the general mining laws. The term Federal land means land or an interest in land that— is owned by the United States; and is open to mineral entry and location; or was open to mineral entry and location at the time of the entry or location. The term mineral activity means any of the following activities carried out on Federal land under a claim, whether with a discovery or without a discovery, or off of a claim:

Any activity for mineral prospecting, exploration, development, mining, extraction, milling, beneficiation, processing, or storage of mined or processed materials. Any reclamation activity for any locatable mineral. Any activity that is reasonably incident to an activity described in subparagraph

(A)or (B), including the construction and use of roads, transmission lines, water wells, pipelines, utility corridors, and other means of access across Federal land for ancillary facilities used in conjunction with the activity. The term withdrawal or other action means any withdrawal or any Federal management regulatory action or other action that withholds an area of Federal land from settlement, sale, location, or entry under some or all of the general land laws for the purpose of affecting mining or mineral activity in order to maintain other public values in the area. Any claim located prior to any withdrawal— is excluded from withdrawal or other action; shall be considered to be— valid for the purposes of mining or mineral activity; and a valid existing right until such time as the Secretary successfully contests the validity of such a claim. With respect to a contest described in subsection (b)(2)(B), any burden of proof or costs shall be the responsibility of the Secretary. Any law (including regulations) or Federal action that applies to a claim located within an area of Federal land subject to a withdrawal or other action shall not apply to a claim described in subsection (b).