Page:United States Statutes at Large Volume 94 Part 2.djvu/1125

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-487—DEC. 2, 1980

94 STAT. 2403

UNPERFECTED MINING CLAIMS IN MISTY FJORDS AND ADMIRALTY ISLAND NATIONAL MONUMENTS

SEC. 504. (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. 0?) ENTITLEMENT.—Any holder of an unperfected mining claim who meets the requirements of this section shall be entitled as provided in this section— (1) to receive an exploration permit with respect to such claim, and (2) 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 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 Termination. 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). (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