Sec. 504. unperfected mining claims in misty fjords and admiralty island national monuments

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## Sec. 504 unperfected mining claims in misty fjords and admiralty island national monuments ###

(a)Definitions As used in this section: ####

(1)The term “**unperfected claim**” means a mining claim: #####

(A)which is within the Misty Fjords or Admiralty Island National Monuments; #####

(B)with respect to which a valid mineral discovery, within the meaning of the mining laws of the United States, was not made as of November 30, 1978; and #####

(C)which was, as of such date, properly located, recorded, and maintained. ####

(2)The term “**core claim**” means— #####

(A)a patented mining claim; or #####

(B)an unpatented mining claim which— ######

(i)contained a valid mineral discovery within the meaning of the mining laws of the United States as of November 30, 1978, and ######

(ii)was, as of such date, properly located, recorded, and maintained. ###

(b)Entitlement Any holder of an unperfected mining claim ho meets the requirements of this section shall be entitled as provided in this section— ####

(1)to receive a patent only to the minerals upon making a valid mineral discovery on such claim within the meaning of the mining laws of the United States. ###

(c)Exploration Permits ####

(1)Permits authorizing the exploration of an unperfected mining claim shall be issued by the Secretary under this section upon application under subsection

(d)if the Secretary determines that— #####

(A)an application for such permit has been submitted within two-hundred-seventy days after the date of the enactment of this Act or, with respect to an unperfected claim within the Greens Creek watershed portion of the Admiralty Island National Monument, within five years and three months after the date of the enactment of this Act) and such application meets the requirements of subsection (d); #####

(B)the unperfected claim is within three-quarters of a mile of the exterior boundary of one or more core claims, and both the unperfected claim and core claim were held by the applicant as of May 1, 1979 (or were acquired by such applicant after such date by inheritance or devise); and #####

(C)the core claim and the unperfected claim which is within the area referred to in subsection

(B)are properly located, recorded, and maintained, to the extent required by law, as of the date of the Secretary's determination under this subsection. ####

(2)#####

(A)Each exploration permit issued under this section shall terminate on the date five years after the date of the enactment of this Act, or where applicable, the date provided under subparagraph (c)(2)(B) or subparagraph (c)(2)(C)2 2So in law. Probably should have a period. #####

(B)For any permit applicant, with respect to which the Secretary fails to meet the eighteen-month deadline under subsection

(d)for any reason (including delays caused by administrative or judicial proceedings) beyond the control of the applicant, the exploration permit issued under this section shall terminate at the end of the period (after expiration of the five-years referred to in subparagraph (c)(2)(A)) as is equal to the time during which the Secretary failed to meet such deadline. #####

(C)Any permit to explore an unperfected mining claim within the Admiralty Island National Monument during the period beginning on the date five years and one day after the date of enactment of this Act shall terminate on the date six years after the date of enactment of this Act. ####

(3)Any permit under this section shall include such reasonable conditions and stipulations as may be required by the Secretary. ###

(d)Applications for Exploration Permits An application under subsection

(b)shall contain— ####

(1)the applicant's name, address, and telephone number; ####

(2)the name of the claim, the date of location of the claim, the date of recordation of the claim, and the serial number assigned to such claim under the Federal Land Policy and Management Act of 1976; and ####

(3)evidence that the requirements of subparagraphs

(B)and

(C)of subsection (c)(1) are met. Upon the Secretary's determination that the requirements of subsection

(c)are met with respect to any claim, the Secretary shall issue an exploration permit for such not later than eighteen months after the date on which he receives the application under this subsection concerning such claim. ###

(e)Valid Mineral Discovery ####

(1)If the holder of an unperfected mining claim for which an exploration permit was issued under this section notifies the Secretary on or before the date five years after the date of enactment of this Act, that he has made a valid mineral discovery within the meaning of the mining laws of the United States on such claim, and if it is determined that such claim contains a valid mineral discovery, the holder of such claim shall be entitled to the issuance of a patent only to the minerals in such claim pursuant to the mining laws of the United States, together with a right to use so much of the surface of the lands on such claim as may be necessary for mining and milling purposes, subject to such reasonable regulations as the Secretary may prescribe for general application to mining and milling activities within the National Forest System. ####

(2)Any unperfected claim for which an exploration permit under this section was issued shall be conclusively presumed to be abandoned and shall be void at midnight, December 2, 1986,3 unless the owner of such claim has notified the Secretary in writing as provided in paragraph (e)(1). 3Section 2(a)(5) of P.L. 99–235 (99 Stat. 1761) strick “upon *the* expiration of such permit”. The amendment probably should have stricken “upon expiration of such permit”. ####

(3)No patent of any type shall be issued under this subsection with respect to any unperfected mining claim with regard to which the holder thereof has not notified the Secretary pursuant to paragraph

(1)of this subsection on or before the date five years after the date of enactment of this act. ###

(f)Leases for Milling Purposes ####

(1)The Secretary may issue leases (and necessary associated permits) on lands under the jurisdiction (including lands within any conservation system unit) at fair market value for use for mining or milling purposes in connection with the milling of minerals from any valid mining claim situated within the Misty Fjords or Admiralty Island National Monuments. ####

(2)A lease may be issued under this subsection if the Secretary determines— #####

(A)that the use of the site to be leased will not cause irreparable harm to the Monument; and #####

(B)that the use of such leased area for such purposes will cause less environmental harm than the use of any other reasonably available location. ####

(3)A lease under this subsection shall be subject to such reasonable terms and conditions as the Secretary deems necessary. ####

(4)A lease under this subsection shall terminate— #####

(A)at such time as the mineral deposit is exhausted; or #####

(B)upon failure of the lessee to use the leased site for two consecutive years unless such nonuse is waived annually by the Secretary. ###

(g)Access to Mining Claims The holder of an unperfected mining claim with respect to which a valid mineral discovery is made under an exploration permit under this section shall be entitled to the same access rights as the holder of a valid mining claim is entitled to under section 1110. The holder of the unperfected claim with respect to which an exploration permit is in effect under this section shall be entitled to such adequate access, as described in section 1110 as may be necessary to carry out exploration under such permit. ###

(h)Public Notice The Secretary shall provide public notice of the requirements of this section not later than ninety days after the date of the enactment of this Act. ###

(i)Savings Provision ####

(1)Nothing in this section shall impair any valid existing right. ####

(2)Nothing in this section diminishes authorities of the Secretary under any other provision of law to regulate mining activities. ####

(3)Nothing in this section shall be construed to affect, in any way, any other provision of Federal law outside the State of Alaska. ###

(j)This section shall not apply to any unperfected mining claim which is located within one mile of the center line of the Blossom River from its headwaters to its confluence with the Wilson Arm. ###

(k)Protection Agreements ####

(1)Subject to the availability of necessary appropriations, the Secretary shall undertake to negotiate an agreement acceptable to and binding on Shee Atika, Incorporated, its successors and assigns, whereby it is agreed that during the term of such agreement there shall occur on lands within the boundary of the Admiralty Island National Monument which as of October 1, 1985, were owned by Shee Atika, Incorporated, no harvesting of timber, construction of roads, or any other activities which would impair the suitability of such lands for preservation as wilderness. ####

(2)During the period an agreement as described in paragraph

(1)is in effect the requirements of Corps of Engineers permit numbered 071–OYD–2–810133, Chatham Strait 92 shall be suspended so far as such requirements are applicable to lands subject to such an agreement. ####

(3)After the execution of the agreement described in paragraph

(1)of this subsection, and subject to the availability of necessary appropriations, the Secretary shall undertake to execute similar agreements acceptable to and binding on Shee Atika, Incorporated, its successors and assigns, for periods after the expiration of the agreement apply during the period any agreements executed pursuant to this paragraph are in effect. ####

(4)The Secretary is authorized to execute agreements similar to the agreement described in paragraph

(1)with regard to any lands within the boundaries of the Admiralty Island National Monument which are owned by an entity than the United States.

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99 Stat. 1761

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Sec. 504

unperfected mining claims in misty fjords and admiralty island national monuments

Stat.99 Stat. 1761

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