* Act of August 11, 1955 (P.L. 84-359, Ch. 797, 69 Stat. 681;
30 U.S.C. 621)
Sec. 1. That this Act may be cited as the "Mining
Claims Rights Restoration Act of 1955."
Conditions of Entry
Sec. 2. (a) All public lands be-longing to the United
States hereto-fore, now or hereafter withdrawn or reserved for
power development or power sites shall be open to entry for loca-tion
and patent of mining claims and for mining, development, benef-iciation,
removal, and utiliza-tion of the min-eral resources of such lands
under applicable Federal stat-utes: Provid-ed, That all power
rights to such lands shall be retained by the United States:
Provided further, That loca-tions made under this Act within the
revested Oregon and California Railroad and recon-veyed Coos Bay
Wagon grant lands shall also be subject to the provi-sions of
the Act of April 8, 1948, Public Law 477 (Eightieth Congress,
sec-ond ses-sion): And Provided further, That nothing contained
herein shall be construed to open for the purpos-es described
in this sec-tion any lands (1) which are includ-ed in any pro-ject
operating or being construct-ed under a license or per-mit issued
under the Federal Power Act or other Act of Congress, or (2) which
are under examination and survey by a prospective licensee of
the Federal Power Commission, if such prospective licensee holds
an un-can-celed preliminary permit is-sued under the Federal Power
Act autho-rizing him to conduct such exami-na-tion and survey
with respect to such lands and such permit has not been renewed
in the case of such prospective licensee more than once.
Note-Transfer of functions: The functions of the Federal Power
Commission and of the members, officers, and compo-ents were
transferred to and vested in, . . . the Secretary of Energy .
. . as part of the creation of the Department of Energy by P.L.
95-91, August 4, 1977, 91 Stat. 565.
(b) Placer claims.-The locator of a placer claim under this Act, however, shall con-duct no mining opera-tions for a period of sixty days after the filing of a notice of location pursuant to section 4 of this Act, [i.e., 30 U.S.C. 623]. If the Secre-tary of the Interi-or, within sixty days from the filing of the notice of location, notifies the locator by registered mail or certi-fied mail of the Secretary's intention to hold a public hearing to deter-mine whether placer mining opera-tions would substantially interfere with other uses of the lands includ-ed within the placer claim, mining operations on that claim shall be further suspended until the Secretary has held the hearing and has issued an appropri-ate order. The order issued by the Secretary of the Inte-ri-or shall pro-vide for one of the fol-lowing: (1) a complete prohibition of placer min-ing; (2) a permission to engage in placer mining upon the condition that the locator shall, following placer operations, restore the surface of the claim to the con-dition in which it was immediately prior to those operations; or (3) a general permission to engage in placer mining. No order by the Secretary with respect to such operations shall be valid unless a certified copy is filed in the same State or county office in which the locator's notice of location has been filed in compliance with the United States mining laws.
The Secretary shall establish such rules and regulations as he deems desirable concerning bonds and deposits with respect to the restoration of lands to their condition prior to placer mining operations. Moneys received from any bond or deposit shall be used for the restoration of the surface of the claim involved, and any money receivedin excess of the amount needed for the restoration of the surface of that claim shall be refunded.
(c) Validity of withdrawals unaffected.-Nothing in this Act shall
affect the validity of withdrawals or reservations for purposes
other than power development. (30 U.S.C. 621)
Note-For details of other sections of the Mining Claims Rights
Restoration Act see 30 U.S.C. 622-625.