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Mining Claims Rights Restoration Act of 1955

• Act of August 11, 1955 (Ch. 797, 69 Stat. 681; 30 U.S.C. 621)

(a) All public lands belonging to the United States heretofore, now or hereafter withdrawn or reserved for power development or power sites shall be open to entry for location and patent of mining claims and for mining, development, beneficiation, removal, and utilization of the mineral resources of such lands under applicable Federal statutes: Provided, That all power rights to such lands shall be retained by the United States: Provided further, That locations made under this Act within the revested Oregon and California Railroad and reconveyed Coos Bay Wagon grant lands shall also be subject to the provisions of the Act of April 8, 1948, Public Law 477 (Eightieth Congress, second session): And Provided further, That nothing contained herein shall be construed to open for the purposes described in this section any lands (1) which are included in any project operating or being constructed under a license or permit 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 uncanceled preliminary permit issued under the Federal Power Act authorizing him to conduct such examination 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 components were transferred to and vested in,
the Secretary of Energy . . . as part of the creation of
the Department of Energy by Public Law 95-91, August 4,
1977, 91 Stat. 565.

(b) The locator of a placer claim under this Act, however, shall conduct no mining operations 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 Secretary of the Interior, within sixty days from the filing of the notice of location, notifies the locator by registered mail or certified mail of the Secretary's intention to hold a public hearing to determine whether

placer mining operations would substantially interfere with other uses of the lands included within the placer claim, mining operations on that claim shall be further suspended until the Secretary has held the hearing and has issued an appropriate order. The order issued by the Secretary of the Interior shall provide for one of the following: (1) a complete prohibition of placer mining; (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 condition 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 received in excess of the amount needed for the restoration of the surface of that claim shall be refunded.

(c) 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.

Interchange With Department of Defense

• Act of July 26, 1956 (Ch. 736, 70 Stat. 656; 16 U.S.C. 505a, 505b)

The Secretary of Agriculture with respect to national forest lands and the Secretary of a military department with respect to lands under the control of the military department which lie within or adjacent to the exterior boundaries of a national forest are authorized, subject to any applicable provisions of the Federal Property and Administrative Services Act of 1949, as amended, to interchange such lands, or any part thereof, without reimbursement or transfer of funds whenever they shall determine that such interchange will facilitate land management and will provide maximum use thereof for authorized purposes: Provided, That no such interchange of lands shall become effective until forty-five days (counting only days occurring during any regular or special session of the Congress) after the submission to the Congress by the respective Secretaries of notice of intention to make the interchange. (16 U.S.C. 505a)

Any national forest lands which are transferred to a military department in accordance with this Act shall be thereafter subject only to laws applicable to other lands within the military installation or other public works project for which such lands are required and any lands which are transferred to the Department of Agriculture in accordance with this Act shall become subject to the laws applicable to lands acquired under the Act of March 1, 1911 (36 Stat. 961), as amended. (16 U.S.C. 505b)

Expenditures ("Department of
Agriculture Organic Act of 1956")

•Act of August 3, 1956 (Ch. 950, 70 Stat. 1032; 7 U.S.C. 428a(a), 428a(b), 2228, 2233; 16 U.S.C. 579b)

Employee Subsistence

The Department of Agriculture is authorized to furnish subsistence to employees without consideration as, or deduction from, the compensation of such employees where warranted by emergency condition connected with the work under such regulations as the Secretary of Agriculture may prescribe. (7 U.S.C. 2228)

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Funds available for carrying out the activities of the Department of Agriculture shall be available for expenses in accordance with the provisions of section 5703 of title 5 of the United States Code. (70 Stat. 1033, as supplemented; 7 U.S.C. 2233)

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Acquisition by Purchase

The Department of Agriculture is authorized to acquire land, or interest therein, by purchase, exchange or otherwise, as may be necessary to carry out its authorized work: Provided, That no acquisition shall be made under this authority unless provision is made there for in the applicable appropriation or other law. (7 U.S.C. 428a(a))

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Appropriations for the Department of Agriculture which are available for the purchase of land may be expended for options to purchase land: Provided, That not to exceed $1 may be expended for each option to purchase any particular tract or tracts of land unless otherwise provided in appropriation or other law. (7 U.S.C. 428a(b))

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Working Capital Fund

There is established a working capital fund which shall be available without fiscal year limitation for expenses necessary, including the purchase or construction of buildings and improvements within the limitations thereon set forth in the appropriations for the Forest Service, for furnishing supply and equipment services in support of programs of the Forest Service. The Secretary of Agriculture is authorized to transfer to the fund, without reimbursement, and to capitalize in the fund at fair and reasonable values, such receivables, inventories, equipment, and other assets as he may determine, and assume the liabilities in connection with such assets: Provided, That the fund shall be credited with advance payments in connection with firm orders and reimbursements from appropriations and funds of the Forest Service, other departmental and Federal agencies, and from other sources, as authorized by law, at rates approximately equal to the cost of furnishing the facilities and service. 579b)

(16 U.S.C.

NOTE.--Sec. 401 was repealed by the Cooperative
Forestry Assistance Act of 1978 (92 Stat. 365).

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