An Act to provide for the acquisition of a patented mining claim on the south rim of Grand Canyon National Park, and for other purposes
PL 87-457 (S.383), enacted 05/28/1962

76 STAT. ] 
PUBLIC LAW 87-457--MAY 28, 1962 
79 
Public Law 87-457 
' AN ACT 
To provide for the acquisition of a patented mining claim on the south rim of 
Grand Canyon National Park, and for other purposes. 
May 28, 1962 
[S. 383] 
claim, 
qulsitioric 
Conditions. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That, in order to 
orand canyon 
acquire for Grand Canyon National Park certain private land strate- JJi'^J^g cfaimr^c-
gically located inside the park on the south rim of Grand Canyon and 
to provide for the removal of surface structures thereon and the 
termination of mining activities in connection with such land which 
intrudes upon the rim of Grand Canyon and adversely affects the 
public enjoyment of the park, the Secretary of the Interior is author-
ized to accept on the terms hereinafter stated the conveyance of title 
to the Orphan Claim, a mining claim of approximately 20.64 acres 
patented to D. L. Hogan and C. J. Babbitt on March 23, 1906, patent 
numbered 43506: Provided, 
Said authority is conditioned upon the 
grantor releasing any extralateral rights it may have to follow under 
adjoining park lands any mineral discovery made on the aforesaid 
Orphan Claim. 
The grantor shall, within six months following the 
passage of this Act, execute to the United States deeds of conveyance 
of good and sufficient fee simple title to the said claim, subject to the 
following reservations and conditions: 
(a) All mineral rights on the said claim shall be reserved to the 
said grantor for a period of twenty-five years, but the exercise of 
said rights shall be limited to underground mining. 
(b) Until the close of 1966 the grantor shall be permitted to main-
tain and operate the Grand Canyon Inn and related cottages and 
facilities and may reserve for said period the customary rights to 
use so much of the surface area of the claim as is necessary for mining 
operations. 
(c) After 1966 and until the expiration of the mineral reservation 
the grantor shall have reserved to it the surface rights to only the 
following described tract of approximately three acres which is 
necessary to operate the said mine: 
Beginning at an iron stake known as corner numbered 2 of the 
Orphan Claim, mineral survey numbered 2004 in section 14, town-
ship 31 north, range 2 east, Gila and Salt River base and meridian; 
thence north 41 degrees 03 minutes east 500 feet; thence north 60 
degrees 15 minutes west 300 feet; thence south 41 degrees 03 minutes 
west 500 feet to the south end center of said claim; thence south 60 
decrees 15 minutes east 300 feet to place of beginning, including all 
buildings and improvements as per survey of April 21, 1905. 
(d) Any structures erected on the reserved portion of surface rights 
shall be no more than two stories in height and shall be so designed as 
to be appropriate to the region. 
(e) The grantor shall be permitted to maintain and operate the 
present aerial tramway for not to exceed two years from the date of 
the conveyance to the United States; and throughout the allowable 
period of its mining to maintain and operate the sixty-thousand-gallon 
water tank; the access road across the claim to the mine area, the 
portal area of the present adit, and such ventilators from the mine 
as may be required by mine safety laws. 
(f) The grantor shall be permitted to haul ore from its mining 
operations to such mills as directed by the Atomic Energy Commis-
sion or otherwise, over roads of the Grand Canyon National Park 
upon payment of use charges therefor, as agreed between the parties 
but reasonably calculated to provide such additional cost of mainte-
nance of said roads, if any, as may be occasioned by such operations. 
Description. 
Structures. 
Right s of grantor. 
80 
PUH.IC LAW 87-457-MAY 28, 1962 
[76 STAT. 
Rights of grant-
R o y a l t y 
p a y -
tnents to U. S. 
"Mine value per 
dry ton." 
SEC. 2. (a) In exchange for the foregoing conveyance to the United 
States of the said Orphan Claim and the release by the owner thereof 
of any claims to pursue any extralateral rights to the ore body under 
park land, the grantor shall have the right for a period of twenty-
five years to mine and remove on a royalty basis all uranium ore and 
such other metalliferous ore of commercial value as can be recovered 
through the shaft existing on the Orphan Claim and additional under-
ground workings beyond the northeast boundary of said claim, along 
the dip of any ore body apexing within the said claim: Provided., Said 
mining and removal rights shall be limited to underground mining, 
which shall be conducted s(^ as not to disturb in any manner the 
surface of park land or the cany(^n walls, except for ventilation as 
required in accordance with mine safety laws: Provided further., That 
nothing in this Act shall be construed to create any obligation on the 
Atomic Energy Commission for the purchase of uranium derived from 
ores removed from beyond the vertical boundaries of the Orphan 
Claim: Provided further., That neither the enactment of this Act nor 
anything contained in it shall be construed to relieve any party from 
any liability which would or might otherwise exist for the removal of 
ore from beyond the boundaries of said Orphan Claim, if any such 
removal occurred prior to the enactment of this Act. 
(b) The United States shall be paid a royalty for ore extracted 
from under Government lands pursuant to this section, in accordance 
with the following Uranium Percentage Royalty Schedule: 
Royalty percentage of 
Mine value per dry ton 
mine value per dry ton 
$0.01 to $10.00 
5 
per centum 
$10.01 to $20.00 
514 per centum 
$20.01 to $30.00 
6 
per centum 
$30.01 to $40.00 
^^i per centum 
$40.01 to $50.00 
7 
per centum 
$50.01 to $60.00 
7% per centum 
$60.01 to $70.00 
8 
per centum 
$70.01 to $80.00 
^Vi per centum 
$80.01 to $90.00 
9 
per centum 
$90.01 to $100.00 
: 
9% per centum 
$100.01 or more 
10 
per centum 
"Mine value per dry ton" is hereby defined as the dollar value 
per dry ton of crude ores at the mine as paid for bv the Atomic 
Energy Commission or other Government agency oefore allow-
ance for transportation and development; however, if the Gov-
ernment at any time hereafter does not establish and pay for 
said ores on a fixed or scheduled dollar value per dry ton of crude 
ores at the mine, or said ores contain salable minerals, some or 
all, or which are disposed of to a custom treatment plant or 
smelter for treatment and sale, then mine value per dry ton shall 
be the gross value per dry ton of said crude ore as paid for by the 
Atomic Energy Commission or other Government authorized 
agency mill or other buyer, less any allowances or reimbursements 
for the following specific items: (1) transportation of ores, and 
(2) treatment or beneficiation of ores; which specific items shall 
in such event be deducted from the gross sales price received 
from the metal content of said ores by the seller before said per-
centage royalty is calculated and paid. 
Whenever mineral or other products are recovered which are 
not included in determining mine value per dry ton as defined 
herein, there shall be paid for such minerals or other products 
a royalty of 6 per centum of the gross value of such products at 
the mine site^ 
76 SmT. ] 
PUBLIC LAW 87-458-MAY 31, 1962 
81 
Provided^ That on all ore having a mine value per dry ton of less than 
$50, the royalty to be paid hereunder shall not exceed 15 per centum 
of the grantor's net profit on such ore which shall be determined by 
the amount rejnaining from the total sales price of such ore after the 
payment of reasonable operating expenses, taxes, and cost depletion. 
(c) When paid, the royalty shall be deposited to miscellaneous re-
ceijpts of the Treasury in accordance with the provisions of title 31, 
United States Code, section 484. 
Approved May 28, 1962. 
Public Law 87-458 
AN ACT 
May 31. 1962 
To authorize the exchange of certain lands at Antietaui National Battlefield site. —^—^—'- 
i— 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America 
in Congress asseTnhled^ That in order 
AntietamNa-
to effect changes in land ownership made necessary by the widening "i°"^^ Battlefield 
and relocation of Maryland State Route 34 at Antietam National 
Exchange ofcer-
Battlefield site, the Secretary of the Interior may accept for the t^in lands. 
United States title to the following described lands, or interests in 
lands: 
Beginning at the intersection of the northerly right-of-way line 
of Maryland Route Numbered 34 leading from Sharpsburg to Boons-
boro with the northerly right-of-way line of the relocation of Richard-
son Avenue said point of intersection being 34.00 feet measured 
radially from station 17 + 00 of the base line of right-of-way as said 
base line of right-of-way is delineated on State Roads Commission's 
plat numbered 16968, 
Thence binding along the aforementioned northerly right-of-way 
line of Richardson Avenue the two following course and distances, 
namelj'^: north 38 degrees 37 minutes 30 seconds east, 71.78 feet and 
north 69 degrees 10 minutes 55 seconds east, 333.04 feet to intersect 
the westerly right-of-way line of Richardson Avenue, 
Thence binding thereon south 12 degrees 31 minutes 20 seconds west, 
31.12 feet to intersect the base line of right-of-way of the relocation 
of Richardson Avenue at station 3+33.73, 
Thence continuing along the aforementioned westerly right-of-way 
line of Richardson Avenue south 12 degrees 31 minutes 20 seconds 
west, 116.03 feet to intersect the aforementioned northerly right-of-
way line of Maryland Route Numbered 34, 
Thence binding thereon the two following courses and distances, 
namely: south 84 degrees 45 minutes 55 seconds west, 213.83 feet, and 
by a curve to the left having a radius of 5,763.58 feet for a distance 
of 111.84 feet, said curve being subtended by a chord south 84 de-
grees 12 minutes 40 seconds west, 111.83 feet to the place of beginning. 
Said parcel containing 0.66 acre, more or less, and being a part or 
parts of that tract of land which was conveyed from Henry Piper to 
Samuel D. Piper by deed dated March 7, 1890, and recorded among 
land records of Washington County in liber numbered 94, folio 449. 
SEC. 2. In exchange for the conveyance of the lands described in 
section 1 of this Act, the Secretary of the Interior may convey the fol-
lowing described lands: An approximate 0.05-acre parcel of United 
States land comprising the southerly portion of Richardson Avenue 
located in Antietam National Battlefield site, extending from the 
northerly right-of-way line of the widened and relocated Maryland 
State Route 34 southwestward about 65 feet into the said Maryland 
State Route 34 right-of-way at station 20+40. 
Approved May 31, 196^. 
78135 0-63—9