Federal Register - March 5, 1957
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Source: Federal Register
Tuesday, M a rch 5, 1957
60.9 Uranium prospecting permits and mining leases on lands administered by Federal agencies which do not have the authority to lease such lands a What this section does. This section provides for the issuance by the United States Atomic Energy Commission of uranium prospecting permits and min ing leases covering certain lands of the United States which are not open to the location of mining claims under the United States mining laws and which are not subject to lease for prospecting or mining purposes by the Federal agencies administering such lands or by the De partment of the Interior. The program for which provision is made in this sec tion will be administered by the Atomic Energy Commission with the assistance and cooperation of the Bureau of Land Management of the Department of the Interior.
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N o t e : Permits or leases w ill not be issued
under this section for lands administered by the United States for national park, m onu ment or wildlife purposes. See section 67, Public Law 703,83d Congress.
b Statutory authority. The Atomic Energy Act of 1954 68 Stat. 919 is authority for this section.
c Eligibility of applicants. Uranium prospecting permits and mining leases under this section will be issued only to 1 citizens of the United States, 2
associations of such citizens, 3 cor porations organized under the laws of the United States or o f any State or Territory thereof. Uranium prospecting permits and mining leases under this sec tion will not be issued to persons under twenty-one 21 years o f age nor to employees of the Commission or the De partment of the Interior.
d Applications.
There is no re quired form of application for a permit or lease under this section but the appli cation should:
1 Name the Government agency ad ministering the land and, where practi cable, the particular unit thereof con cerned.
2 Contain an accurate description of the land.
in the States under the public land rec tangular system, if surveyed, the descrip tion should be by legal subdivision, sec tion, township, and range; if unsurveyed, oy a similar description based upon the Premise of its location when surveyed and by courses and distances connected to a corner of the public land rectangutar system. In those States not covered W
Public land rectangular system, the description should be the description mthe deed of conveyance of the tract t the United States, or, if a portion of snch tract, by courses and distances con nected with an identifiable and estabJked corner of an existing survey recognized by the laws of the State, upon request, applicant must submit satisfactory evidence that the Govern ment has title to the minerals in said tand and the right to their removal.
t3 Include an accurate map or plan the lands prepared from the survey hereof or other reliable map source, mjess the lands are surveyed under the Phhlic land system of surveys.
FEDERAL REGISTER
4 Contain a statement of applicants name, address and citizenship if a cor poration, the State of incorporation and a statement of the applicants authority to hold a prospecting permit or mining lease under its corporate powers and a statement of applicants interests, direct or indirect, in prospecting permits and mining leases and application for such permits and leases under these regula tions for uranium in Federal lands in the same State. No permit or lease will be issued where such interests exceed 1920
acres.
5 The application shall be filed in triplicate in the land office of the Bureau of Land Management for the State where the land is situated. In States in which there are no land officers applications shall be forwarded to the Director, Bureau of Land Management, Washing ton 25, D. C., except that applications covering lands in the following States should be forwarded to the land offices named: North and South Dakota, land office at Billings, Montana; Nebraska and Kansas, at Cheyenne, Wyoming; Okla homa arid Texas, at Santa Fe, New Mex ico. Applications must be accompanied by a filing fee of $10 which is not returnable.
e Issuance and supervision of per mits and leases. Permits and leases will be executed by the Commission. A l though priority in filing an application will normally be the controlling factor where more than one application has been filed for a permit or lease, consid eration may be given to equities and right is reserved to offer the lands com petitively in appropriate cases. The right is also reserved to refuse to issue a permit or lease or extension thereof.
I t is the objective under this section to issue permits and leases containing uni form terms and conditions. However, since the lands affected by this section are administred by other Government agencies having responsibilities in con nection with the administration of the land, it probably will be necessary to include in particular permits and leases addditional terms and conditions de signed to permit the agencies involved to fulfill appropriately their functions and obligations or to refrain from issuing permits or leases or extensions thereof where it is concluded that issuance is contrary to the interests of the United States. The term of each permit or lease and extensions thereof will also be sub ject to such considerations.
f Prospecting permits terms and conditions. 1 Prospecting permits will be issued for a period not exceeding two years see paragraph e of this section and will grant the permittee the right to prospect on the lands described therein to determine the existence of, or worka bility of, uranium deposits. Only such material may be removed from the land as is necessary to demonstrate the exist ence of uranium in commercial quan tities. The permittee may sell such quantities of uranium-bearing material as may be approved by the Commission.
2 A prospecting permit may not in clude more than 1920 acres of land which must be reasonably compact.
3 Payment o f an annual rental o f 25 cents per acre of land or fraction
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thereof covered by the permit will be required. Such rental will be payable annually in advance; payment of the first full years rental will be required with the filing of the application and the balance of the rental will be payable on or before the first anniversary of the effective date of the permit. Failure to pay such rental when due will result in automatic termination of the permit.
The permittee may also be required to furnish a performance bond.
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Permits issued under this section may be assigned to those eligible under paragraph c of this section, subject to approval of the Commission as to all or any of the lands subject to permit. To procure such approval all instruments of transfer of the permit must be filed at the proper land office of the Bureau of Land Management within 90 days after execution and must contain all of the terms and conditions agreed upon by the parties thereto. The application for ap proval of assignment must be accom panied by i a statement of the proposed assignee setting forth his qualifications to hold a permit and his agreement to be bound by the terms and conditions of the permit, ii a filing fee of $10 which is not returnable.
g Extension of permit. 1 Subject to the provisions o f paragraph e of this section, a prospecting permit may be extended for one additional term not exceeding two years upon written appli cation made by the permittee and filed in triplicate in the proper land office of the Bureau of Land Management at least 90
days prior to the expiration date of the permit. Such application must be ac companied by a filing fee of $10 which is not returnable, and the third years rental. In support of application for extension of a prospecting permit, the permittee must show that he has dili gently performed prospecting activities on the land during the period for which the permit was issued or that any failure to do so arose from conditions beyond the permittees control.
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Upon failure of the permittee to file an application for extension within the specified period, the permit will ex pire at the end of its primary term without notice to the permittee and the land will thereupon become subject to new application for prospecting permits.
h Preference righ t lease; terms and conditions. 1 Upon discovery of a valuable deposit of uranium by a per mittee, subject to paragraph e of this section, he shall be entitled to a prefer ence right lease covering any or all of the lands in the permit. Issuance of a prospecting permit must precede an ap plication for a preference right lease.
An application for a preference right lease must be filed in accordance with paragraph d 5 of this section not later than 30 days after the expiration date of the permit and must describe the lands, disclose any change in the information contained in the applica tion for the permit, specify fully the extent and mode of occurrence of the mineral deposit as disclosed by prospect ing and show that a valuable deposit of uranium was discovered before the ex piration Of the permit.