Sec. 3021. MINING AND MINERAL LEASING
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/statute-compilations/comps-10423/sec-3021A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 3021 MINING AND MINERAL LEASING ###
(a)Determination of Lands Suitable for Opening ####
(1)Determination As soon as practicable after the date of the enactment of this Act and at least every five years thereafter, the Secretary of the Interior shall determine, with the concurrence of the Secretary of the military department concerned, which public and acquired lands covered by section 3011 the Secretary of the Interior considers suitable for opening to the operation of the Mining Law of 1872, the Mineral Lands Leasing Act of 1920, the Mineral Leasing Act for Acquired Lands of 1947, the Geothermal Steam Act of 1970, or any one or more of such Acts. ####
(2)Exceptions The Secretary of the Interior may not make any determination otherwise required under paragraph
(1)with respect to lands contained within the Desert National Wildlife Refuge in Nevada. ####
(3)Notice The Secretary of the Interior shall publish a notice in the Federal Register listing the lands determined suitable for opening under this subsection and specifying the opening date for such lands. ###
(b)Opening Lands On the date specified by the Secretary of the Interior in a notice published in the Federal Register under subsection (a), the land identified under that subsection as suitable for opening to the operation of one or more of the laws specified in that subsection shall automatically be open to the operation of such laws without the necessity for further action by the Secretary or Congress. ###
(c)Exception for Common Varieties No deposit of minerals or materials of the types identified by section 3 of the Act of July 23, 1955 (69 Stat. 367), whether or not included in the term “**common varieties**” in that Act, shall be subject to location under the Mining Law of 1872 on lands covered by section 3011. ###
(d)Regulations The Secretary of the Interior, with the advice and concurrence of the Secretary of the military department concerned, shall prescribe such regulations to carry out this section as may be necessary to assure safe, uninterrupted, and unimpeded use of the lands covered by section 3011 for military purposes. Such regulations shall also contain guidelines to assist mining claimants in determining how much, if any, of the surface of any lands opened pursuant to this section may be used for purposes incident to mining. ###
(e)Closure of Mining Lands In the event of a national emergency or for purposes of national defense or security, the Secretary of the Interior, at the request of the Secretary of the military department concerned, shall close any lands that have been opened to mining or to mineral or geothermal leasing pursuant to this section. ###
(f)Laws Governing Mining on Withdrawn Lands ####
(1)In general Except as otherwise provided in this subtitle, mining claims located pursuant to this subtitle shall be subject to the provisions of the mining laws. In the event of a conflict between such laws and this subtitle, this subtitle shall prevail. ####
(2)Regulation under flpma Any mining claim located under this subtitle shall be subject to the provisions of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). ###
(g)Patents ####
(1)In general Patents issued pursuant to this subtitle for locatable minerals shall convey title to locatable minerals only, together with the right to use so much of the surface as may be necessary for purposes incident to mining under the guidelines for such use established by the Secretary of the Interior by regulation. ####
(2)Reservation All patents referred to in paragraph
(1)shall contain a reservation to the United States of the surface of all lands patented and of all nonlocatable minerals on such lands. ####
(3)Locatable minerals For purposes of this subsection, all minerals subject to location under the Mining Law of 1872 are referred to as “locatable minerals”.
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- 69 Stat. 367
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