US (United States) Code. Title 30. Chapter 20: Conveyances to occupants of unpatented mining claims

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Mineral lands and mining

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  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
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-CITE-

30 USC CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF

UNPATENTED MINING CLAIMS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-

CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-MISC1-

Sec.

701. Authorization to convey; acreage limitations;

qualified applicants; payment; "qualified officer of

the United States" defined.

702. "Qualified applicant" defined.

703. Withdrawal of lands in aid of a governmental unit.

704. Purchase of substitute lands; limitations; conditions;

payment; conveyance of less than a fee.

705. Purchase price of conveyed interest; installment

payments.

706. Liabilities of occupants; trespass; limitations.

707. Reservation of mineral rights.

708. Assignments; succession.

709. Disposition of payments and fees.

-End-

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30 USC Sec. 701 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-

Sec. 701. Authorization to convey; acreage limitations; qualified

applicants; payment; "qualified officer of the United States"

defined

-STATUTE-

The Secretary of the Interior may convey to any occupant of an

unpatented mining claim which is determined by the Secretary to be

invalid an interest, up to and including a fee simple, in and to an

area within the claim of not more than (a) five acres or (b) the

acreage actually occupied by him, whichever is less. The Secretary

may make a like conveyance to any occupant of an unpatented mining

claim who, after notice from a qualified officer of the United

States that the claim is believed to be invalid, relinquishes to

the United States all rights in and to such claim which he may have

under the mining laws. Any conveyance authorized by this section,

however, shall be made only to a qualified applicant, as that term

is defined in section 702 of this title, who applies therefor

within the period ending June 30, 1971, and upon payment of an

amount established in accordance with section 705 of this title.

As used in this section, the term "qualified officer of the

United States" means the Secretary of the Interior or an employee

of the Department of the Interior so designated by him: Provided,

That the Secretary may delegate his authority to designate

qualified officers to the head of any other department or agency of

the United States with respect to lands within the administrative

jurisdiction of that department or agency.

-SOURCE-

(Pub. L. 87-851, Sec. 1, Oct. 23, 1962, 76 Stat. 1127; Pub. L.

90-111, Sec. 1, Oct. 23, 1967, 81 Stat. 311.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws, referred to in text, are classified generally to

this title.

-MISC1-

AMENDMENTS

1967 - Pub. L. 90-111 extended from Oct. 23, 1967, to June 30,

1971, the period in which qualified individuals shall apply for

conveyances authorized by this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 703, 704, 706 of this

title.

-End-

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30 USC Sec. 702 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-

Sec. 702. "Qualified applicant" defined

-STATUTE-

For the purposes of this chapter a qualified applicant is a

residential occupant-owner, as of October 23, 1962, of valuable

improvements in an unpatented mining claim which constitute for him

a principal place of residence and which he and his predecessors in

interest were in possession of for not less than seven years prior

to July 23, 1962.

-SOURCE-

(Pub. L. 87-851, Sec. 2, Oct. 23, 1962, 76 Stat. 1127.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 701 of this title.

-End-

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30 USC Sec. 703 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-

Sec. 703. Withdrawal of lands in aid of a governmental unit

-STATUTE-

Where the lands for which application is made under section 701

of this title have been withdrawn in aid of a function of a Federal

department or agency other than the Department of the Interior, or

of a State, county, municipality, water district, or other local

governmental subdivision or agency, the Secretary of the Interior

may convey an interest therein only with the consent of the head of

the governmental unit concerned and under such terms and conditions

as said head may deem necessary.

-SOURCE-

(Pub. L. 87-851, Sec. 3, Oct. 23, 1962, 76 Stat. 1127.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 704 of this title.

-End-

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30 USC Sec. 704 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-

Sec. 704. Purchase of substitute lands; limitations; conditions;

payment; conveyance of less than a fee

-STATUTE-

(a) If the Secretary of the Interior determines that conveyance

of an interest under section 701 of this title is otherwise

justified but the consent required by section 703 of this title is

not given, he may, in accordance with such procedural rules and

regulations as he may prescribe, grant the applicant a right to

purchase, for residential use, an interest in another tract of

land, five acres or less in area, from tracts made available by him

for sale under this chapter (1) from the unappropriated and

unreserved lands of the United States, or (2) from lands subject to

classification under section 315f of title 43. Said right shall not

be granted until arrangements satisfactory to the Secretary have

been made for termination of the applicant's occupancy of his

unpatented mining claim and for settlement of any liability for the

unauthorized use thereof which may have been incurred and shall

expire five years from the date on which it was granted unless

sooner exercised. The amount to be paid for the interest shall be

determined in accordance with section 705 of this title.

(b) Any conveyance of less than a fee made under this chapter

shall include provision for removal from the tract of any

improvements or other property of the applicant at the close of the

period for which the conveyance is made, or if it be an interest

terminating on the death of the applicant, within one year

thereafter.

-SOURCE-

(Pub. L. 87-851, Sec. 4, Oct. 23, 1962, 76 Stat. 1127.)

-End-

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30 USC Sec. 705 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-

Sec. 705. Purchase price of conveyed interest; installment payments

-STATUTE-

The Secretary of the Interior, prior to any conveyance under this

chapter, shall determine the fair market value of the interest to

be conveyed, exclusive of the value of any improvements placed on

the lands involved by the applicant or his predecessors in

interest. Said value shall be determined as of the date of

appraisal. In establishing the purchase price to be paid by the

applicant for the interest, the Secretary shall take into

consideration any equities of the applicant and his predecessors in

interest, including conditions of prior use and occupancy. In any

event the purchase price for any interest conveyed shall not exceed

its fair market value nor be less than $5 per acre. The Secretary

may, in his discretion, allow payment to be made in installments.

-SOURCE-

(Pub. L. 87-851, Sec. 5, Oct. 23, 1962, 76 Stat. 1128.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701, 704 of this title.

-End-

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30 USC Sec. 706 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-

Sec. 706. Liabilities of occupants; trespass; limitations

-STATUTE-

(a) The execution of a conveyance as authorized by section 701 of

this title shall not relieve any occupant of the land conveyed of

any liability, existing on the date of said conveyance, to the

United States for unauthorized use of the land in and to which an

interest is conveyed.

(b) Except where a mining claim embracing land applied for under

this chapter by a qualified applicant was located at a time when

the land included therein was withdrawn or otherwise not subject to

such location, no trespass charges shall be sought or collected by

the United States from any qualified applicant who has filed an

application for land in the mining claim pursuant to this chapter,

based upon occupancy of such claim, whether residential or

otherwise, for any period preceding the final administrative

determination of the invalidity of the mining claim by the

Secretary of the Interior or the voluntary relinquishment of the

mining claim, whichever occurs earlier. Nothing contained in this

chapter shall be construed as creating any liability for trespass

to the United States which would not exist in the absence of this

chapter. Relief under this section shall be limited to persons who

file applications for conveyances pursuant to section 701 of this

title within the period ending June 30, 1971.

-SOURCE-

(Pub. L. 87-851, Sec. 6, Oct. 23, 1962, 76 Stat. 1128; Pub. L.

90-111, Sec. 2, Oct. 23, 1967, 81 Stat. 311.)

-MISC1-

AMENDMENTS

1967 - Subsec. (b). Pub. L. 90-111 extended from Oct. 23, 1967 to

June 30, 1971, the period in which relief shall be accorded under

this section to individuals who apply for conveyances pursuant to

section 701 of this title.

-End-

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30 USC Sec. 707 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-

Sec. 707. Reservation of mineral rights

-STATUTE-

In any conveyance under this chapter the mineral interests of the

United States in the lands conveyed are reserved for the term of

the estate conveyed. Minerals locatable under the mining laws or

disposable under subchapter I of chapter 15 of this title, are

withdrawn from all forms of entry and appropriation for the term of

the estate. The underlying oil, gas, and other leasable minerals of

the United States are reserved for exploration and development

purposes, but without the right of surface ingress and egress, and

may be leased by the Secretary under the mineral leasing laws.

-SOURCE-

(Pub. L. 87-851, Sec. 7, Oct. 23, 1962, 76 Stat. 1128.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws and the mineral leasing laws, referred to in

text, are classified generally to this title.

-End-

-CITE-

30 USC Sec. 708 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-

Sec. 708. Assignments; succession

-STATUTE-

Rights and privileges to qualify as an applicant under this

chapter shall not be assignable, but may pass through devise or

descent.

-SOURCE-

(Pub. L. 87-851, Sec. 8, Oct. 23, 1962, 76 Stat. 1128.)

-End-

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30 USC Sec. 709 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-

Sec. 709. Disposition of payments and fees

-STATUTE-

Payments of filing fees and survey costs, and the payments of the

purchase price for patents in fee shall be disposed of by the

Secretary of the Interior as are such fees, costs, and purchase

prices in the disposition of public lands. All payments and fees

for occupancy in conveyances of less than the fee, or for permits

for life or shorter periods, shall be disposed of by the

administering department or agency as are other receipts for the

use of the lands involved.

-SOURCE-

(Pub. L. 87-851, Sec. 9, Oct. 23, 1962, 76 Stat. 1128.)

-End-