-CITE-

30 USC CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN

GENERAL 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-MISC1-

Sec.

21. Mineral lands reserved.

21a. National mining and minerals policy; "minerals"

defined; execution of policy under other authorized

programs.

22. Lands open to purchase by citizens.

23. Length of claims on veins or lodes.

24. Proof of citizenship.

25. Affidavit of citizenship.

26. Locators' rights of possession and enjoyment.

27. Mining tunnels; right to possession of veins on line

with; abandonment of right.

28. Mining district regulations by miners: location,

recordation, and amount of work; marking of location

on ground; records; annual labor or improvements on

claims pending issue of patent; co-owner's succession

in interest upon delinquency in contributing

proportion of expenditures; tunnel as lode

expenditure.

28-1. Inclusion of certain surveys in labor requirements of

mining claims; conditions and restrictions.

28-2. Definitions.

28a. Omitted.

28b. Annual assessment work on mining claims; temporary

deferment; conditions.

28c. Length and termination of deferment.

28d. Performance of deferred work.

28e. Recordation of deferment.

28f. Fee.

(a) Claim maintenance fee.

(b) Time of payment.

(c) Oil shale claims subject to claim maintenance

fees under Energy Policy Act of 1992.

(d) Waiver.

28g. Location fee.

28h. Co-ownership.

28i. Failure to pay.

28j. Other requirements.

(a) Federal Land Policy and Management Act

requirements.

(b) Omitted.

(c) Fee adjustments.

28k. Regulations.

29. Patents; procurement procedure; filing: application

under oath, plat and field notes, notices, and

affidavits; posting plat and notice on claim;

publication and posting notice in office;

certificate; adverse claims; payment per acre;

objections; nonresident claimant's agent for

execution of application and affidavits.

30. Adverse claims; oath of claimants; requisites; waiver;

stay of land office proceedings; judicial

determination of right of possession; successful

claimants' filing of judgment roll, certificate of

labor, and description of claim in land office, and

acreage and fee payments; issuance of patents for

entire or partial claims upon certification of land

office proceedings and judgment roll; alienation of

patent title.

31. Oath: agent or attorney in fact, beyond district of

claim.

32. Findings by jury; costs.

33. Existing rights.

34. Description of vein claims on surveyed and unsurveyed

lands; monuments on ground to govern conflicting

calls.

35. Placer claims; entry and proceedings for patent under

provisions applicable to vein or lode claims;

conforming entry to legal subdivisions and surveys;

limitation of claims; homestead entry of segregated

agricultural land.

36. Subdivisions of 10-acre tracts; maximum of placer

locations; homestead claims of agricultural lands;

sale of improvements.

37. Proceedings for patent where boundaries contain vein

or lode; application; statement including vein or

lode; issuance of patent: acreage payments for vein

or lode and placer claim; costs of proceedings;

knowledge affecting construction of application and

scope of patent.

38. Evidence of possession and work to establish right to

patent.

39. Surveyors of mining claims.

40. Verification of affidavits.

41. Intersecting or crossing veins.

42. Patents for nonmineral lands: application, survey,

notice, acreage limitation, payment.

(a) Vein or lode and mill site owners eligible.

(b) Placer claim owners eligible.

43. Conditions of sale by local legislature.

44, 45. Omitted.

46. Additional land districts and officers.

47. Impairment of rights or interests in certain mining

property.

48. Lands in Michigan, Wisconsin, and Minnesota; sale and

disposal as public lands.

49. Lands in Missouri and Kansas; disposal as agricultural

lands.

49a. Mining laws of United States extended to Alaska;

exploration and mining for precious metals;

regulations; conflict of laws; permits; dumping

tailings; pumping from sea; reservation of roadway;

title to land below line of high tide or high-water

mark; transfer of title to future State.

49b. Mining laws relating to placer claims extended to

Alaska.

49c. Recording notices of location of Alaskan mining

claims.

49d. Miners' regulations for recording notices in Alaska;

certain records legalized.

49e. Annual labor or improvements on Alaskan mining claims;

affidavits; burden of proof; forfeitures; location

anew of claims; perjury.

49f. Fees of recorders in Alaska for filing proofs of work

and improvements.

50. Grants to States or corporations not to include

mineral lands.

51. Water users' vested and accrued rights; enumeration of

uses; protection of interest; rights-of-way for

canals and ditches; liability for injury or damage to

settlers' possession.

52. Patents or homesteads subject to vested and accrued

water rights.

53. Possessory actions for recovery of mining titles or

for damages to such title.

54. Liability for damages to stock raising and homestead

entries by mining activities.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 16 section 1907; title 43

sections 299, 1783.

-End-

-CITE-

30 USC Sec. 21 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 21. Mineral lands reserved

-STATUTE-

In all cases lands valuable for minerals shall be reserved from

sale, except as otherwise expressly directed by law.

-SOURCE-

(R.S. Sec. 2318.)

-COD-

CODIFICATION

R.S. Sec. 2318 derived from act July 4, 1866, ch. 166, Sec. 5, 14

Stat. 86.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 48, 102 of this title; title 43 section 1712.

-End-

-CITE-

30 USC Sec. 21a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 21a. National mining and minerals policy; "minerals" defined;

execution of policy under other authorized programs

-STATUTE-

The Congress declares that it is the continuing policy of the

Federal Government in the national interest to foster and encourage

private enterprise in (1) the development of economically sound and

stable domestic mining, minerals, metal and mineral reclamation

industries, (2) the orderly and economic development of domestic

mineral resources, reserves, and reclamation of metals and minerals

to help assure satisfaction of industrial, security and

environmental needs, (3) mining, mineral, and metallurgical

research, including the use and recycling of scrap to promote the

wise and efficient use of our natural and reclaimable mineral

resources, and (4) the study and development of methods for the

disposal, control, and reclamation of mineral waste products, and

the reclamation of mined land, so as to lessen any adverse impact

of mineral extraction and processing upon the physical environment

that may result from mining or mineral activities.

For the purpose of this section "minerals" shall include all

minerals and mineral fuels including oil, gas, coal, oil shale and

uranium.

It shall be the responsibility of the Secretary of the Interior

to carry out this policy when exercising his authority under such

programs as may be authorized by law other than this section.

-SOURCE-

(Pub. L. 91-631, title I, Sec. 101, formerly Sec. 2, Dec. 31, 1970,

84 Stat. 1876; Pub. L. 104-66, title I, Sec. 1081(b), Dec. 21,

1995, 109 Stat. 721; renumbered title I, Sec. 101, Pub. L. 104-325,

Sec. 2(1), (2), Oct. 19, 1996, 110 Stat. 3994.)

-MISC1-

AMENDMENTS

1995 - Pub. L. 104-66 in last par. struck out at end "For this

purpose the Secretary of the Interior shall include in his annual

report to the Congress a report on the state of the domestic

mining, minerals, and mineral reclamation industries, including a

statement of the trend in utilization and depletion of these

resources, together with such recommendations for legislative

programs as may be necessary to implement the policy of this

section."

SHORT TITLE

Section 1 of Pub. L. 91-631 provided: "That this Act [enacting

this section] may be cited as the 'Mining and Minerals Policy Act

of 1970'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1292, 1601, 1605 of this

title; title 43 sections 1701, 1866.

-End-

-CITE-

30 USC Sec. 22 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 22. Lands open to purchase by citizens

-STATUTE-

Except as otherwise provided, all valuable mineral deposits in

lands belonging to the United States, both surveyed and unsurveyed,

shall be free and open to exploration and purchase, and the lands

in which they are found to occupation and purchase, by citizens of

the United States and those who have declared their intention to

become such, under regulations prescribed by law, and according to

the local customs or rules of miners in the several mining

districts, so far as the same are applicable and not inconsistent

with the laws of the United States.

-SOURCE-

(R.S. Sec. 2319.)

-COD-

CODIFICATION

R.S. Sec. 2319 derived from act May 10, 1872, ch. 152, Sec. 1, 17

Stat. 91.

Words "Except as otherwise provided," were editorially supplied

on authority of act Feb. 25, 1920, ch. 85, 41 Stat. 437, popularly

known as the Mineral Lands Leasing Act, which is classified to

chapter 3A (Sec. 181 et seq.) of this title.

-MISC1-

SHORT TITLE

Sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 43, and

47 of this title are based on sections of the Revised Statutes

which are derived from act May 10, 1872, ch. 152, 17 Stat. 91,

popularly known as the "General Mining Act of 1872".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section

460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714,

1732.

-End-

-CITE-

30 USC Sec. 23 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 23. Length of claims on veins or lodes

-STATUTE-

Mining claims upon veins or lodes of quartz or other rock in

place bearing gold, silver, cinnabar, lead, tin, copper, or other

valuable deposits, located prior to May 10, 1872, shall be governed

as to length along the vein or lode by the customs, regulations,

and laws in force at the date of their location. A mining claim

located after the 10th day of May 1872, whether located by one or

more persons, may equal, but shall not exceed, one thousand five

hundred feet in length along the vein or lode; but no location of a

mining claim shall be made until the discovery of the vein or lode

within the limits of the claim located. No claim shall extend more

than three hundred feet on each side of the middle of the vein at

the surface, nor shall any claim be limited by any mining

regulation to less than twenty-five feet on each side of the middle

of the vein at the surface, except where adverse rights existing on

the 10th day of May 1872 render such limitation necessary. The end

lines of each claim shall be parallel to each other.

-SOURCE-

(R.S. Sec. 2320.)

-COD-

CODIFICATION

R.S. Sec. 2320 derived from act May 10, 1872, ch. 152, Sec. 2, 17

Stat. 91.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section

460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714,

1732.

-End-

-CITE-

30 USC Sec. 24 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 24. Proof of citizenship

-STATUTE-

Proof of citizenship, under sections 21, 22 to 24, 26 to 28, 29,

30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of

title 43, may consist, in the case of an individual, of his own

affidavit thereof; in the case of an association of persons

unincorporated, of the affidavit of their authorized agent, made on

his own knowledge, or upon information and belief; and in the case

of a corporation organized under the laws of the United States, or

of any State or Territory thereof, by the filing of a certified

copy of their charter or certificate of incorporation.

-SOURCE-

(R.S. Sec. 2321.)

-REFTEXT-

REFERENCES IN TEXT

Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71

to 76 of this title and section 661 of title 43, referred to in

text, were in the original "this chapter", meaning chapter 6 of

title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to

2352.

-COD-

CODIFICATION

R.S. Sec. 2321 derived from act May 10, 1872, ch. 152, Sec. 7, 17

Stat. 94.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 29, 33, 37, 38, 39, 40,

42, 46, 47, 48, 49, 102, 541b of this title; title 16 section

460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714,

1732.

-End-

-CITE-

30 USC Sec. 25 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 25. Affidavit of citizenship

-STATUTE-

Applicants for mineral patents, if residing beyond the limits of

the district wherein the claim is situated, may make any oath or

affidavit required for proof of citizenship before the clerk of any

court of record or before any notary public of any State or

Territory.

-SOURCE-

(Apr. 26, 1882, ch. 106, Sec. 2, 22 Stat. 49.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 26 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 26. Locators' rights of possession and enjoyment

-STATUTE-

The locators of all mining locations made on any mineral vein,

lode, or ledge, situated on the public domain, their heirs and

assigns, where no adverse claim existed on the 10th day of May 1872

so long as they comply with the laws of the United States, and with

State, territorial, and local regulations not in conflict with the

laws of the United States governing their possessory title, shall

have the exclusive right of possession and enjoyment of all the

surface included within the lines of their locations, and of all

veins, lodes, and ledges throughout their entire depth, the top or

apex of which lies inside of such surface lines extended downward

vertically, although such veins, lodes, or ledges may so far depart

from a perpendicular in their course downward as to extend outside

the vertical side lines of such surface locations. But their right

of possession to such outside parts of such veins or ledges shall

be confined to such portions thereof as lie between vertical planes

drawn downward as above described, through the end lines of their

locations, so continued in their own direction that such planes

will intersect such exterior parts of such veins or ledges. Nothing

in this section shall authorize the locator or possessor of a vein

or lode which extends in its downward course beyond the vertical

lines of his claim to enter upon the surface of a claim owned or

possessed by another.

-SOURCE-

(R.S. Sec. 2322.)

-COD-

CODIFICATION

R.S. Sec. 2322 derived from act May 10, 1872, ch. 152, Sec. 3, 17

Stat. 91.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section

460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714,

1732.

-End-

-CITE-

30 USC Sec. 27 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 27. Mining tunnels; right to possession of veins on line with;

abandonment of right

-STATUTE-

Where a tunnel is run for the development of a vein or lode, or

for the discovery of mines, the owners of such tunnel shall have

the right of possession of all veins or lodes within three thousand

feet from the face of such tunnel on the line thereof, not

previously known to exist, discovered in such tunnel, to the same

extent as if discovered from the surface; and locations on the line

of such tunnel of veins or lodes not appearing on the surface, made

by other parties after the commencement of the tunnel, and while

the same is being prosecuted with reasonable diligence, shall be

invalid; but failure to prosecute the work on the tunnel for six

months shall be considered as an abandonment of the right to all

undiscovered veins on the line of such tunnel.

-SOURCE-

(R.S. Sec. 2323.)

-COD-

CODIFICATION

R.S. Sec. 2323 derived from act May 10, 1872, ch. 152, Sec. 4, 17

Stat. 92.

-MISC1-

SHORT TITLE

This section is popularly known as the Tunnel Site Act.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section

460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714,

1732.

-End-

-CITE-

30 USC Sec. 28 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 28. Mining district regulations by miners: location,

recordation, and amount of work; marking of location on ground;

records; annual labor or improvements on claims pending issue of

patent; co-owner's succession in interest upon delinquency in

contributing proportion of expenditures; tunnel as lode

expenditure

-STATUTE-

The miners of each mining district may make regulations not in

conflict with the laws of the United States, or with the laws of

the State or Territory in which the district is situated, governing

the location, manner of recording, amount of work necessary to hold

possession of a mining claim, subject to the following

requirements: The location must be distinctly marked on the ground

so that its boundaries can be readily traced. All records of mining

claims made after May 10, 1872, shall contain the name or names of

the locators, the date of the location, and such a description of

the claim or claims located by reference to some natural object or

permanent monument as will identify the claim. On each claim

located after the 10th day of May 1872, that is granted a waiver

under section 28f of this title, and until a patent has been issued

therefor, not less than $100 worth of labor shall be performed or

improvements made during each year. On all claims located prior to

the 10th day of May 1872, $10 worth of labor shall be performed or

improvements made each year, for each one hundred feet in length

along the vein until a patent has been issued therefor; but where

such claims are held in common, such expenditure may be made upon

any one claim; and upon a failure to comply with these conditions,

the claim or mine upon which such failure occurred shall be open to

relocation in the same manner as if no location of the same had

ever been made, provided that the original locators, their heirs,

assigns, or legal representatives, have not resumed work upon the

claim after failure and before such location. Upon the failure of

any one of several coowners to contribute his proportion of the

expenditures required hereby, the coowners who have performed the

labor or made the improvements may, at the expiration of the year,

give such delinquent co-owner personal notice in writing or notice

by publication in the newspaper published nearest the claim, for at

least once a week for ninety days, and if at the expiration of

ninety days after such notice in writing or by publication such

delinquent should fail or refuse to contribute his proportion of

the expenditure required by this section, his interest in the claim

shall become the property of his co-owners who have made the

required expenditures. The period within which the work required to

be done annually on all unpatented mineral claims located since May

10, 1872, including such claims in the Territory of Alaska, shall

commence at 12 o'clock meridian on the 1st day of September

succeeding the date of location of such claim.

Where a person or company has or may run a tunnel for the

purposes of developing a lode or lodes, owned by said person or

company, the money so expended in said tunnel shall be taken and

considered as expended on said lode or lodes, whether located prior

to or since May 10, 1872; and such person or company shall not be

required to perform work on the surface of said lode or lodes in

order to hold the same as required by this section. On all such

valid claims the annual period ending December 31, 1921, shall

continue to 12 o'clock meridian July 1, 1922.

-SOURCE-

(R.S. Sec. 2324; Feb. 11, 1875, ch. 41, 18 Stat. 315; Jan. 22,

1880, ch. 9, Sec. 2, 21 Stat. 61; Aug. 24, 1921, ch. 84, 42 Stat.

186; Pub. L. 85-736, Sec. 1, Aug. 23, 1958, 72 Stat. 829; Pub. L.

103-66, title X, Sec. 10105(b), Aug. 10, 1993, 107 Stat. 406.)

-COD-

CODIFICATION

R.S. Sec. 2324 derived from act May 10, 1872, ch. 152, Sec. 5, 17

Stat. 92.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-66 inserted "that is granted a waiver under

section 28f of this title," after "On each claim located after the

10th day of May 1872,".

1958 - Pub. L. 85-736 changed period for doing annual assessment

work on unpatented mineral claims, substituting "1st day of

September" for "1st day of July".

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

ASSESSMENT WORK YEARS, 1957-58 AND 1958-59

Section 2 of Pub. L. 85-736 provided that the period commencing

in 1957 for the performance of annual assessment work under this

section shall end at 12 o'clock meridian on the 1st day of July

1958, and the period commencing in 1958 for the performance of such

annual assessment work shall commence at 12 o'clock meridian on the

1st day of July 1958, and shall continue to 12 o'clock meridian on

Sept. 1, 1959.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 28-1, 28b, 29, 33,

37, 38, 39, 40, 42, 46, 47, 48, 49, 102, 541b of this title; title

16 section 460mm-1; title 25 section 640d-10; title 43 sections

1712, 1714, 1732; title 50 App. section 565.

-End-

-CITE-

30 USC Sec. 28-1 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 28-1. Inclusion of certain surveys in labor requirements of

mining claims; conditions and restrictions

-STATUTE-

The term "labor", as used in the third sentence of section 28 of

this title, shall include, without being limited to, geological,

geochemical and geophysical surveys conducted by qualified experts

and verified by a detailed report filed in the county office in

which the claim is located which sets forth fully (a) the location

of the work performed in relation to the point of discovery and

boundaries of the claim, (b) the nature, extent, and cost thereof,

(c) the basic findings therefrom, and (d) the name, address, and

professional background of the person or persons conducting the

work. Such surveys, however, may not be applied as labor for more

than two consecutive years or for more than a total of five years

on any one mining claim, and each such survey shall be

nonrepetitive of any previous survey on the same claim.

-SOURCE-

(Pub. L. 85-876, Sec. 1, Sept. 2, 1958, 72 Stat. 1701.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 28-2 of this title; title

16 section 460mm-1; title 43 section 1744.

-End-

-CITE-

30 USC Sec. 28-2 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 28-2. Definitions

-STATUTE-

As used in section 28-1 of this title,

(a) The term "geological surveys" means surveys on the ground for

mineral deposits by the proper application of the principles and

techniques of the science of geology as they relate to the search

for and discovery of mineral deposits;

(b) The term "geochemical surveys" means surveys on the ground

for mineral deposits by the proper application of the principles

and techniques of the science of chemistry as they relate to the

search for and discovery of mineral deposits;

(c) The term "geophysical surveys" means surveys on the ground

for mineral deposits through the employment of generally recognized

equipment and methods for measuring physical differences between

rock types or discontinuities in geological formations;

(d) The term "qualified expert" means an individual qualified by

education or experience to conduct geological, geochemical or

geophysical surveys, as the case may be.

-SOURCE-

(Pub. L. 85-876, Sec. 2, Sept. 2, 1958, 72 Stat. 1701.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 28a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 28a. Omitted

-COD-

CODIFICATION

Section, act June 29, 1950, ch. 404, 64 Stat. 275, provided for

extension of time of annual assessment work, on mining claims in

the United States, including Alaska, for period commencing July 1,

1949, until 12 o'clock noon Oct. 1, 1950, and also provided for

commencement of assessment work or improvements required for year

ending 12 o'clock noon July 1, 1951, immediately following 12

o'clock noon July 1, 1950. See sections 28b to 28e of this title.

-End-

-CITE-

30 USC Sec. 28b 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 28b. Annual assessment work on mining claims; temporary

deferment; conditions

-STATUTE-

The performance of not less than $100 worth of labor or the

making of improvements aggregating such amount, which labor or

improvements are required under the provisions of section 28 of

this title to be made during each year, may be deferred by the

Secretary of the Interior as to any mining claim or group of claims

in the United States upon the submission by the claimant of

evidence satisfactory to the Secretary that such mining claim or

group of claims is surrounded by lands over which a right-of-way

for the performance of such assessment work has been denied or is

in litigation or is in the process of acquisition under State law

or that other legal impediments exist which affect the right of the

claimant to enter upon the surface of such claim or group of claims

or to gain access to the boundaries thereof.

-SOURCE-

(June 21, 1949, ch. 232, Sec. 1, 63 Stat. 214.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 28c, 28d, 28e of this

title; title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 28c 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 28c. Length and termination of deferment

-STATUTE-

The period for which said deferment may be granted shall end when

the conditions justifying deferment have been removed: Provided,

That the initial period shall not exceed one year but may be

renewed for a further period of one year if justifiable conditions

exist: Provided further, That the relief available under sections

28b to 28e of this title is in addition to any relief available

under any other Act of Congress with respect to mining claims.

-SOURCE-

(June 21, 1949, ch. 232, Sec. 2, 63 Stat. 215.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 28d, 28e of this title;

title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 28d 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 28d. Performance of deferred work

-STATUTE-

All deferred assessment work shall be performed not later than

the end of the assessment year next subsequent to the removal or

cessation of the causes for deferment or the expiration of any

deferments granted under sections 28b to 28e of this title and

shall be in addition to the annual assessment work required by law

in such year.

-SOURCE-

(June 21, 1949, ch. 232, Sec. 3, 63 Stat. 215.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 28b, 28c, 28e of this

title; title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 28e 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 28e. Recordation of deferment

-STATUTE-

Claimant shall file or record or cause to be filed or recorded in

the office where the notice or certificate of location of such

claim or group of claims is filed or recorded, a notice to the

public of claimant's petition to the Secretary of the Interior for

deferment under sections 28b to 28e of this title, and of the order

or decision disposing of such petition.

-SOURCE-

(June 21, 1949, ch. 232, Sec. 4, 63 Stat. 215.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 28b, 28c, 28d of this

title; title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 28f 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 28f. Fee

-STATUTE-

(a) Claim maintenance fee

The holder of each unpatented mining claim, mill, or tunnel site,

located pursuant to the mining laws of the United States, whether

located before, on or after August 10, 1993, shall pay to the

Secretary of the Interior, on or before September 1 of each year

for years 2002 through 2003, a claim maintenance fee of $100 per

claim or site (!1) Such claim maintenance fee shall be in lieu of

the assessment work requirement contained in the Mining Law of 1872

(30 U.S.C. 28-28e) (!2) and the related filing requirements

contained in section 1744(a) and (c) of title 43.

(b) Time of payment

The claim maintenance fee payable pursuant to subsection (a) of

this section for any assessment year shall be paid before the

commencement of the assessment year, except that for the initial

assessment year in which the location is made, the locator shall

pay the claim maintenance fee at the time the location notice is

recorded with the Bureau of Land Management. The location fee

imposed under section 28g of this title shall be payable not later

than 90 days after the date of location.

(c) Oil shale claims subject to claim maintenance fees under Energy

Policy Act of 1992

This section shall not apply to any oil shale claims for which a

fee is required to be paid under section 2511(e)(2) of the Energy

Policy Act of 1992 (Public Law 102-486; 106 Stat. 3111; 30 U.S.C.

242).

(d) Waiver

(1) The claim maintenance fee required under this section may be

waived for a claimant who certifies in writing to the Secretary

that on the date the payment was due, the claimant and all related

parties -

(A) held not more than 10 mining claims, mill sites, or tunnel

sites, or any combination thereof, on public lands; and

(B) have performed assessment work required under the Mining

Law of 1872 (30 U.S.C. 28-28e) (!1) to maintain the mining claims

held by the claimant and such related parties for the assessment

year ending on noon of September 1 of the calendar year in which

payment of the claim maintenance fee was due.

(2) For purposes of paragraph (1), with respect to any claimant,

the term "related party" means -

(A) the spouse and dependent children (as defined in section

152 of title 26), of the claimant; and

(B) a person who controls, is controlled by, or is under common

control with the claimant.

For purposes of this section, the term control includes actual

control, legal control, and the power to exercise control, through

or by common directors, officers, stockholders, a voting trust, or

a holding company or investment company, or any other means.

(3) If a small miner waiver application is determined to be

defective for any reason, the claimant shall have a period of 60

days after receipt of written notification of the defect or defects

by the Bureau of Land Management to: (A) cure such defect or

defects, or (B) pay the $100 claim maintenance fee due for such

period.

-SOURCE-

(Pub. L. 103-66, title X, Sec. 10101, Aug. 10, 1993, 107 Stat. 405;

Pub. L. 105-240, Sec. 116, Sept. 25, 1998, 112 Stat. 1570; Pub. L.

105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112 Stat.

2681-231, 2681-235; Pub. L. 107-63, title I, [(1)], Nov. 5, 2001,

115 Stat. 418.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws of the United States, referred to in subsec. (a),

are classified generally to this title.

The Mining Law of 1872 (30 U.S.C. 28-28e), referred to in

subsecs. (a) and (d)(1)(B), probably means act May 10, 1872, ch.

152, 17 Stat. 91, as amended. That act was incorporated into the

Revised Statutes as R.S. Secs. 2319 to 2328, 2331, 2333 to 2337,

and 2344, which are classified to sections 22 to 24, 26 to 28, 29,

30, 33 to 35, 37, 39 to 42, and 47 of this title. For complete

classification of R.S. Secs. 2319 to 2328, 2331, 2333 to 2337, and

2344 to the Code, see Tables.

-COD-

CODIFICATION

Pub. L. 107-63, which directed the amendment of section 28f of

title 30, United States Code, was executed by making the amendment

to section 10101 of Pub. L. 103-66, which is classified to this

section, to reflect the probable intent of Congress. See 2001

Amendment note below.

Pub. L. 105-277, which directed the amendment of section 28f of

title 30, United States Code, was executed by making the amendment

to section 10101 of Pub. L. 103-66, which is classified to this

section, to reflect the probable intent of Congress. See 1998

Amendment notes below.

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-63 added first sentence and

struck out former first sentence which read as follows: "The holder

of each unpatented mining claim, mill, or tunnel site, located

pursuant to the mining laws of the United States, whether located

before or after August 10, 1993, shall pay to the Secretary of the

Interior, on or before September 1 of each year for years 1999

through 2001, a claim maintenance fee of $100 per claim or site."

See Codification note above.

1998 - Subsec. (a). Pub. L. 105-277 added first sentence and

struck out former first sentence which read as follows: "The holder

of each unpatented mining claim, mill, or tunnel site located

pursuant to the mining laws of the United States before October 1,

1998 shall pay the Secretary of the Interior, on or before

September 1, 1999 a claim maintenance fee of $100 per claim site."

See Codification note above.

Pub. L. 105-240 substituted "The holder of each unpatented mining

claim, mill, or tunnel site located pursuant to the mining laws of

the United States before October 1, 1998 shall pay the Secretary of

the Interior, on or before September 1, 1999 a claim maintenance

fee of $100 per claim site." for "The holder of each unpatented

mining claim, mill or tunnel site located pursuant to the Mining

Laws of the United States, whether located before or after August

10, 1993, shall pay to the Secretary of the Interior, on or before

August 31 of each year, for years 1994 through 1998, a claim

maintenance fee of $100 per claim."

Subsec. (d)(3). Pub. L. 105-277 added par. (3). See Codification

note above.

SIMILAR PROVISIONS

Similar provisions were contained in Pub. L. 102-381, title I,

Oct. 5, 1992, 106 Stat. 1378, 1379.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 28, 28g, 28i, 28j, 28k of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a period.

(!2) See References in Text note below.

-End-

-CITE-

30 USC Sec. 28g 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 28g. Location fee

-STATUTE-

Notwithstanding any other provision of law, for every unpatented

mining claim, mill or tunnel site located after August 10, 1993,

and before September 30, 2003, pursuant to the Mining Laws of the

United States, the locator shall, at the time the location notice

is recorded with the Bureau of Land Management, pay to the

Secretary of the Interior a location fee, in addition to the claim

maintenance fee required by section 28f of this title, of $25.00

per claim.

-SOURCE-

(Pub. L. 103-66, title X, Sec. 10102, Aug. 10, 1993, 107 Stat. 406;

Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112

Stat. 2681-231, 2681-235; Pub. L. 107-63, title I, [(2)], Nov. 5,

2001, 115 Stat. 419.)

-REFTEXT-

REFERENCES IN TEXT

The Mining Laws of the United States, referred to in text, are

classified generally to this title.

-COD-

CODIFICATION

Pub. L. 107-63, which directed the amendment of section 28f(a) of

title 30, United States Code, in section 28g, was executed by

making the amendment to section 10102 of Pub. L. 103-66, which is

classified to this section, to reflect the probable intent of

Congress. See 2001 Amendment note below.

Pub. L. 105-277, which directed the amendment of section 28g of

title 30, United States Code, was executed by making the amendment

to section 10102 of Pub. L. 103-66, which is classified to this

section, to reflect the probable intent of Congress. See 1998

Amendment note below.

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-63 substituted "2003" for "2001". See

Codification note above.

1998 - Pub. L. 105-277 substituted "2001" for "1998". See

Codification note above.

SIMILAR PROVISIONS

Similar provisions were contained in Pub. L. 102-381, title I,

Oct. 5, 1992, 106 Stat. 1378, 1379.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 28f, 28i, 28j, 28k of

this title.

-End-

-CITE-

30 USC Sec. 28h 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 28h. Co-ownership

-STATUTE-

The co-ownership provisions of the Mining Law of 1872 (30 U.S.C.

28) (!1) shall remain in effect, except that in applying such

provisions, the annual claim maintenance fee required under this

Act shall, where applicable, replace applicable assessment

requirements and expenditures.

-SOURCE-

(Pub. L. 103-66, title X, Sec. 10103, Aug. 10, 1993, 107 Stat.

406.)

-REFTEXT-

REFERENCES IN TEXT

The Mining Law of 1872 (30 U.S.C. 28), referred to in text,

probably means act May 10, 1872, ch. 152, 17 Stat. 91, as amended.

That act was incorporated into the Revised Statutes as R.S. Secs.

2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to

sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47

of this title. For complete classification of R.S. Secs. 2319 to

2328, 2331, 2333 to 2337, and 2344 to the Code, see Tables.

This Act, referred to in text, is Pub. L. 103-66, Aug. 10, 1993,

107 Stat. 312, known as the Omnibus Budget Reconciliation Act of

1993. The annual claim maintenance fee required under this Act

probably refers to the fee required under section 28f of this

title. For complete classification of this Act to the Code, see

Tables.

-MISC1-

SIMILAR PROVISIONS

Similar provisions were contained in Pub. L. 102-381, title I,

Oct. 5, 1992, 106 Stat. 1378, 1379.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 28i, 28j, 28k of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

30 USC Sec. 28i 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 28i. Failure to pay

-STATUTE-

Failure to pay the claim maintenance fee or the location fee as

required by sections 28f to 28k of this title shall conclusively

constitute a forfeiture of the unpatented mining claim, mill or

tunnel site by the claimant and the claim shall be deemed null and

void by operation of law.

-SOURCE-

(Pub. L. 103-66, title X, Sec. 10104, Aug. 10, 1993, 107 Stat.

406.)

-MISC1-

SIMILAR PROVISIONS

Similar provisions were contained in Pub. L. 102-381, title I,

Oct. 5, 1992, 106 Stat. 1378, 1379.

-End-

-CITE-

30 USC Sec. 28j 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 28j. Other requirements

-STATUTE-

(a) Federal Land Policy and Management Act requirements

Nothing in sections 28f to 28k of this title shall change or

modify the requirements of section 314(b) of the Federal Land

Policy and Management Act of 1976 (43 U.S.C. 1744(b)), or the

requirements of section 314(c) of the Federal Land Policy and

Management Act of 1976 (43 U.S.C. 1744(c)) related to filings

required by section 314(b), and such requirements shall remain in

effect with respect to claims, and mill or tunnel sites for which

fees are required to be paid under this section.

(b) Omitted

(c) Fee adjustments

(1) The Secretary of the Interior shall adjust the fees required

by sections 28f to 28k of this title to reflect changes in the

Consumer Price Index published by the Bureau of Labor Statistics of

the Department of Labor every 5 years after August 10, 1993, or

more frequently if the Secretary determines an adjustment to be

reasonable.

(2) The Secretary shall provide claimants notice of any

adjustment made under this subsection not later than July 1 of any

year in which the adjustment is made.

(3) A fee adjustment under this subsection shall begin to apply

the first assessment year which begins after adjustment is made.

-SOURCE-

(Pub. L. 103-66, title X, Sec. 10105, Aug. 10, 1993, 107 Stat.

406.)

-COD-

CODIFICATION

Section is comprised of section 10105 of Pub. L. 103-66. Subsec.

(b) of section 10105 of Pub. L. 103-66 amended section 28 of this

title.

-MISC1-

SIMILAR PROVISIONS

Similar provisions were contained in Pub. L. 102-381, title I,

Oct. 5, 1992, 106 Stat. 1378, 1379.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 28i, 28k of this title.

-End-

-CITE-

30 USC Sec. 28k 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 28k. Regulations

-STATUTE-

The Secretary of the Interior shall promulgate rules and

regulations to carry out the terms and conditions of sections 28f

to 28k of this title as soon as practicable after August 10, 1993.

-SOURCE-

(Pub. L. 103-66, title X, Sec. 10106, Aug. 10, 1993, 107 Stat.

407.)

-MISC1-

SIMILAR PROVISIONS

Similar provisions were contained in Pub. L. 102-381, title I,

Oct. 5, 1992, 106 Stat. 1378, 1379.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 28i, 28j of this title.

-End-

-CITE-

30 USC Sec. 29 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 29. Patents; procurement procedure; filing: application under

oath, plat and field notes, notices, and affidavits; posting plat

and notice on claim; publication and posting notice in office;

certificate; adverse claims; payment per acre; objections;

nonresident claimant's agent for execution of application and

affidavits

-STATUTE-

A patent for any land claimed and located for valuable deposits

may be obtained in the following manner: Any person, association,

or corporation authorized to locate a claim under sections 21, 22

to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title

and section 661 of title 43, having claimed and located a piece of

land for such purposes, who has, or have, complied with the terms

of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71

to 76 of this title, and section 661 of title 43, may file in the

proper land office an application for a patent, under oath, showing

such compliance, together with a plat and field notes of the claim

or claims in common, made by or under the direction of the Director

of the Bureau of Land Management, showing accurately the boundaries

of the claim or claims, which shall be distinctly marked by

monuments on the ground, and shall post a copy of such plat,

together with a notice of such application for a patent, in a

conspicuous place on the land embraced in such plat previous to the

filing of the application for a patent, and shall file an affidavit

of at least two persons that such notice has been duly posted, and

shall file a copy of the notice in such land office, and shall

thereupon be entitled to a patent for the land, in the manner

following: The register of the land office, upon the filing of such

application, plat, field notes, notices, and affidavits, shall

publish a notice that such application has been made, for the

period of sixty days, in a newspaper to be by him designated as

published nearest to such claim; and he shall also post such notice

in his office for the same period. The claimant at the time of

filing this application, or at any time thereafter, within the

sixty days of publication, shall file with the register a

certificate of the Director of the Bureau of Land Management that

$500 worth of labor has been expended or improvements made upon the

claim by himself or grantors; that the plat is correct, with such

further description by such reference to natural objects or

permanent monuments as shall identify the claim, and furnish an

accurate description, to be incorporated in the patent. At the

expiration of the sixty days of publication the claimant shall file

his affidavit, showing that the plat and notice have been posted in

a conspicuous place on the claim during such period of publication.

If no adverse claim shall have been filed with the register of the

proper land office at the expiration of the sixty days of

publication, it shall be assumed that the applicant is entitled to

a patent, upon the payment to the proper officer of $5 per acre,

and that no adverse claim exists; and thereafter no objection from

third parties to the issuance of a patent shall be heard, except it

be shown that the applicant has failed to comply with the terms of

sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to

76 of this title and section 661 of title 43. Where the claimant

for a patent is not a resident of or within the land district

wherein the vein, lode, ledge, or deposit sought to be patented is

located, the application for patent and the affidavits required to

be made in this section by the claimant for such patent may be made

by his, her, or its authorized agent, where said agent is

conversant with the facts sought to be established by said

affidavits.

-SOURCE-

(R.S. Sec. 2325; Jan. 22, 1880, ch. 9, Sec. 1, 21 Stat. 61; Mar. 3,

1925, ch. 462, 43 Stat. 1144, 1145; 1946 Reorg. Plan No. 3, Sec.

403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-

REFERENCES IN TEXT

Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71

to 76 of this title and section 661 of title 43, referred to in

text, were in the original "this chapter", meaning chapter 6 of

title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to

2352.

-COD-

CODIFICATION

R.S. Sec. 2325 derived from act May 10, 1872, ch. 152, Sec. 6, 17

Stat. 92.

-MISC1-

AMENDMENTS

1925 - Act Mar. 3, 1925, affected words, in first sentence of

text, now reading "United States supervisor of surveys," and words,

in next to last sentence of text, now reading "register of the

proper land office." Those words formerly read "United States

surveyor general" and "register and receiver of the proper land

office," respectively. This act abolished the office of surveyor

general, and transferred to and consolidated with the Field

Surveying Service, under the jurisdiction of the U.S. Supervisor of

Surveys, the administration, equipment, etc., of such office, and

consolidated the offices and functions of the register and

receiver.

-TRANS-

TRANSFER OF FUNCTIONS

Director of the Bureau of Land Management substituted for United

States Supervisor of Surveys wherever appearing. In the

establishment of The Bureau of Land Management by Reorg. Plan No. 3

of 1946, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,

set out in the Appendix to Title 5, Government Organization and

Employees, the office of Supervisor of Surveys was abolished and

the functions and powers were transferred to the Secretary of the

Interior, to be performed by such officers or agencies of the

Department as might be designated by the Secretary. Under that

authority, the functions and powers formerly exercised by the

Supervisor of Surveys were delegated to the Chief Cadastral

Engineer, subject to the supervision of the Director of the Bureau

of Land Management. In the general reorganization and realignment

of functions of the Bureau, the office of the Chief Cadastral

Engineer was abolished, and the functions of that office have been

delegated to the Director of the Bureau of Land Management. See 43

C.F.R. Sec. 9180.0-3(a)(1).

Office of register of district land office abolished and all

functions of register transferred to Secretary of the Interior, or

to officers and agencies of Department of the Interior as Secretary

may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, set out in

the Appendix to Title 5.

See also Transfer of Functions note set out under section 1 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 33, 37, 38, 39, 40,

42, 46, 47, 48, 49, 102, 541b of this title; title 16 section

460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714,

1732.

-End-

-CITE-

30 USC Sec. 30 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 30. Adverse claims; oath of claimants; requisites; waiver;

stay of land office proceedings; judicial determination of right

of possession; successful claimants' filing of judgment roll,

certificate of labor, and description of claim in land office,

and acreage and fee payments; issuance of patents for entire or

partial claims upon certification of land office proceedings and

judgment roll; alienation of patent title

-STATUTE-

Where an adverse claim is filed during the period of publication,

it shall be upon oath of the person or persons making the same, and

shall show the nature, boundaries, and extent of such adverse

claim, and all proceedings, except the publication of notice and

making and filing of the affidavit thereof, shall be stayed until

the controversy shall have been settled or decided by a court of

competent jurisdiction, or the adverse claim waived. It shall be

the duty of the adverse claimant, within thirty days after filing

his claim, to commence proceedings in a court of competent

jurisdiction, to determine the question of the right of possession,

and prosecute the same with reasonable diligence to final judgment;

and a failure so to do shall be a waiver of his adverse claim.

After such judgment shall have been rendered, the party entitled to

the possession of the claim, or any portion thereof, may, without

giving further notice, file a certified copy of the judgment roll

with the register of the land office, together with the certificate

of the Director of the Bureau of Land Management that the requisite

amount of labor has been expended or improvements made thereon, and

the description required in other cases, and shall pay to the

register $5 per acre for his claim, together with the proper fees,

whereupon the whole proceedings and the judgment roll shall be

certified by the register to the Director of the Bureau of Land

Management, and a patent shall issue thereon for the claim, or such

portion thereof as the applicant shall appear, from the decision of

the court, to rightly possess. If it appears from the decision of

the court that several parties are entitled to separate and

different portions of the claim, each party may pay for his portion

of the claim, with the proper fees, and file the certificate and

description by the Director of the Bureau of Land Management

whereupon the register shall certify the proceedings and judgment

roll to the Director of the Bureau of Land Management, as in the

preceding case, and patents shall issue to the several parties

according to their respective rights. Nothing herein contained

shall be construed to prevent the alienation of the title conveyed

by a patent for a mining claim to any person whatever.

-SOURCE-

(R.S. Sec. 2326; Mar. 3, 1925, ch. 462, 43 Stat. 1144, 1145; 1946

Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60

Stat. 1100.)

-COD-

CODIFICATION

R.S. Sec. 2326 derived from act May 10, 1872, ch. 152, Sec. 7, 17

Stat. 93.

-MISC1-

AMENDMENTS

1925 - Act Mar. 3, 1925, affected words, in third and fourth

sentences of text, now reading "United States supervisor of

surveys", and words, in third sentence of text, now reading "pay to

the register $5 per acre." Such words formerly read

"surveyor-general", and "pay to the receiver five dollars per

acre", respectively. Such act is treated more fully in notes under

section 29 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Director of the Bureau of Land Management substituted for United

States Supervisor of Surveys following the words "certificate of

the" in sentence beginning "After such judgment" and following the

words "description by the" in sentence beginning "If it appears".

In the establishment of the Bureau of Land Management by Reorg.

Plan No. 3 of 1946, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60

Stat. 1100, set out in the Appendix to Title 5, Government

Organization and Employees, the office of Supervisor of Surveys was

abolished and the functions and powers were transferred to the

Secretary of the Interior, to be performed by such officers or

agencies of the Department as might be designated by the Secretary.

Under that authority, the functions and powers formerly exercised

by the Supervisor of Surveys were delegated to the Chief Cadastral

Engineer, subject to the supervision of the Director of the Bureau

of Land Management. In the general reorganization and realignment

of functions of the Bureau, the office of the Chief Cadastral

Engineer was abolished, and the functions of that office have been

delegated to the Director of the Bureau of Land Management. See 43

C.F.R. Sec. 9180.0-3(a)(1).

"Director of the Bureau of Land Management" was substituted for

"Commissioner of the General Land Office" following the words

"register to the" in sentence beginning "After such judgment" and

in sentence beginning "If it appears" following the words "judgment

roll to the" on authority of Reorg. Plan No. 3 of 1946, set Sec.

403, set out in the Appendix to Title 5. Section 403 of Reorg. Plan

No. 3 of 1946, abolished the office of the Commissioner of the

General Land Office and consolidated the functions of the General

Land Office with the Grazing Service to form the Bureau of Land

Management.

Office of register of district land office abolished and all

functions of register transferred to Secretary of the Interior, or

to officers and agencies of Department of the Interior as Secretary

may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, set out in

the Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section

460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714,

1732.

-End-

-CITE-

30 USC Sec. 31 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 31. Oath: agent or attorney in fact, beyond district of claim

-STATUTE-

The adverse claim required by section 30 of this title may be

verified by the oath of any duly authorized agent or attorney in

fact of the adverse claimant cognizant of the facts stated; and the

adverse claimant, if residing or at the time being beyond the

limits of the district wherein the claim is situated, may make oath

to the adverse claim before the clerk of any court of record of the

United States or of the State or Territory where the adverse

claimant may then be, or before any notary public of such State or

Territory.

-SOURCE-

(Apr. 26, 1882, ch. 106, Sec. 1, 22 Stat. 49.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 32 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 32. Findings by jury; costs

-STATUTE-

If, in any action brought pursuant to section 30 of this title,

title to the ground in controversy shall not be established by

either party, the jury shall so find, and judgment shall be entered

according to the verdict. In such case costs shall not be allowed

to either party, and the claimant shall not proceed in the land

office or be entitled to a patent for the ground in controversy

until he shall have perfected his title.

-SOURCE-

(Mar. 3, 1881, ch. 140, 21 Stat. 505.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 33 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 33. Existing rights

-STATUTE-

All patents for mining claims upon veins or lodes issued prior to

May 10, 1872, shall convey all the rights and privileges conferred

by sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71

to 76 of this title and section 661 of title 43 where no adverse

rights existed on the 10th day of May, 1872.

-SOURCE-

(R.S. Sec. 2328.)

-REFTEXT-

REFERENCES IN TEXT

Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71

to 76 of this title and section 661 of title 43, referred to in

text, were in the original "this chapter", meaning chapter 6 of

title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to

2352.

-COD-

CODIFICATION

R.S. Sec. 2328 derived from act May 10, 1872, ch. 152, Sec. 9, 17

Stat. 94.

Provision of this section respecting prosecution of applications

for patents for mining claims in General Land Office, pending May

10, 1872, was omitted from the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 37, 38, 39, 40,

42, 46, 47, 48, 49, 102, 541b of this title; title 16 section

460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714,

1732.

-End-

-CITE-

30 USC Sec. 34 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 34. Description of vein claims on surveyed and unsurveyed

lands; monuments on ground to govern conflicting calls

-STATUTE-

The description of vein or lode claims upon surveyed lands shall

designate the location of the claims with reference to the lines of

the public survey, but need not conform therewith; but where

patents have been or shall be issued for claims upon unsurveyed

lands, the Director of the Bureau of Land Management in extending

the public survey, shall adjust the same to the boundaries of said

patented claims so as in no case to interfere with or change the

true location of such claims as they are officially established

upon the ground. Where patents have issued for mineral lands, those

lands only shall be segregated and shall be deemed to be patented

which are bounded by the lines actually marked, defined, and

established upon the ground by the monuments of the official survey

upon which the patent grant is based, and the Director of the

Bureau of Land Management in executing subsequent patent surveys,

whether upon surveyed or unsurveyed lands, shall be governed

accordingly. The said monuments shall at all times constitute the

highest authority as to what land is patented, and in case of any

conflict between the said monuments of such patented claims and the

descriptions of said claims in the patents issued therefor the

monuments on the ground shall govern, and erroneous or inconsistent

descriptions or calls in the patent descriptions shall give way

thereto.

-SOURCE-

(R.S. Sec. 2327; Apr. 28, 1904, ch. 1796, 33 Stat. 545; Mar. 3,

1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403,

eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-

CODIFICATION

R.S. Sec. 2327 derived from act May 10, 1872, ch. 152, Sec. 8, 17

Stat. 94.

-MISC1-

AMENDMENTS

1925 - Act Mar. 3, 1925, affected words now reading "United

States supervisor of surveys" in first and second sentences of

text. These words formerly read "the surveyor-general." This act

abolished the office of surveyor general, and transferred to and

consolidated with the Field Surveying Service, under the

jurisdiction of the U.S. Supervisor of Surveys, the administration,

equipment, etc., of such office.

-TRANS-

TRANSFER OF FUNCTIONS

Director of the Bureau of Land Management, substituted for United

States Supervisor of Surveys wherever appearing. In the

establishment of the Bureau of Land Management by Reorg. Plan No. 3

of 1946, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,

set out in the Appendix to Title 5, Government Organization and

Employees, the office of Supervisor of Surveys was abolished and

the functions and powers were transferred to the Secretary of the

Interior, to be performed by such officers or agencies of the

Department as might be designated by the Secretary. Under that

authority, the functions and powers formerly exercised by the

Supervisor of Surveys were delegated to the Chief Cadastral

Engineer, subject to the supervision of the Director of the Bureau

of Land Management. In the general reorganization and realignment

of functions of the Bureau, the office of the Chief Cadastral

Engineer was abolished, and the functions of that office have been

delegated to the Director of the Bureau of Land Management. See 43

C.F.R. Sec. 9180.0-3(a)(1).

See also note set out under section 1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section

460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714,

1732.

-End-

-CITE-

30 USC Sec. 35 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 35. Placer claims; entry and proceedings for patent under

provisions applicable to vein or lode claims; conforming entry to

legal subdivisions and surveys; limitation of claims; homestead

entry of segregated agricultural land

-STATUTE-

Claims usually called "placers," including all forms of deposit,

excepting veins of quartz, or other rock in place, shall be subject

to entry and patent, under like circumstances and conditions, and

upon similar proceedings, as are provided for vein or lode claims;

but where the lands have been previously surveyed by the United

States, the entry in its exterior limits shall conform to the legal

subdivisions of the public lands. And where placer claims are upon

surveyed lands, and conform to legal subdivisions, no further

survey or plat shall be required, and all placer-mining claims

located after the 10th day of May 1872, shall conform as near as

practicable with the United States system of public-land surveys,

and the rectangular subdivisions of such surveys, and no such

location shall include more than twenty acres for each individual

claimant; but where placer claims cannot be conformed to legal

subdivisions, survey and plat shall be made as on unsurveyed lands;

and where by the segregation of mineral land in any legal

subdivision a quantity of agricultural land less than forty acres

remains, such fractional portion of agricultural land may be

entered by any party qualified by law, for homestead purposes.

-SOURCE-

(R.S. Secs. 2329, 2331; Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat.

1097.)

-COD-

CODIFICATION

R.S. Sec. 2329 derived from act July 9, 1870, ch. 235, Sec. 12,

16 Stat. 217.

R.S. Sec. 2331 derived from act May 10, 1872, ch. 152, Sec. 10,

17 Stat. 94.

-MISC1-

SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section

460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714,

1732.

-End-

-CITE-

30 USC Sec. 36 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 36. Subdivisions of 10-acre tracts; maximum of placer

locations; homestead claims of agricultural lands; sale of

improvements

-STATUTE-

Legal subdivisions of forty acres may be subdivided into ten-acre

tracts; and two or more persons, or associations of persons, having

contiguous claims of any size, although such claims may be less

than ten acres each, may make joint entry thereof; but no location

of a placer claim, made after the 9th day of July 1870, shall

exceed one hundred and sixty acres for any one person or

association of persons, which location shall conform to the United

States surveys; and nothing in this section contained shall defeat

or impair any bona fide homestead claim upon agricultural lands, or

authorize the sale of the improvements of any bona fide settler to

any purchaser.

-SOURCE-

(R.S. Sec. 2330; Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat. 1097.)

-COD-

CODIFICATION

R.S. Sec. 2330 derived from act July 9, 1870, ch. 235, Sec. 12,

16 Stat. 217.

-MISC1-

SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 48, 102 of this title; title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 37 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 37. Proceedings for patent where boundaries contain vein or

lode; application; statement including vein or lode; issuance of

patent: acreage payments for vein or lode and placer claim; costs

of proceedings; knowledge affecting construction of application

and scope of patent

-STATUTE-

Where the same person, association, or corporation is in

possession of a placer claim, and also a vein or lode included

within the boundaries thereof, application shall be made for a

patent for the placer claim, with the statement that it includes

such vein or lode, and in such case a patent shall issue for the

placer claim, subject to the provisions of sections 21, 22 to 24,

26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and

section 661 of title 43, including such vein or lode, upon the

payment of $5 per acre for such vein or lode claim, and twenty-five

feet of surface on each side thereof. The remainder of the placer

claim, or any placer claim not embracing any vein or lode claim,

shall be paid for at the rate of $2.50 per acre, together with all

costs of proceedings; and where a vein or lode, such as is

described in section 23 of this title, is known to exist within the

boundaries of a placer claim, an application for a patent for such

placer claim which does not include an application for the vein or

lode claim shall be construed as a conclusive declaration that the

claimant of the placer claim has no right of possession of the vein

or lode claim; but where the existence of a vein or lode in a

placer claim is not known, a patent for the placer claim shall

convey all valuable mineral and other deposits within the

boundaries thereof.

-SOURCE-

(R.S. Sec. 2333.)

-REFTEXT-

REFERENCES IN TEXT

Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71

to 76 of this title and section 661 of title 43, referred to in

text, were in the original "this chapter", meaning chapter 6 of

title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to

2352.

-COD-

CODIFICATION

R.S. Sec. 2333 derived from act May 10, 1872, ch. 152, Sec. 11,

17 Stat. 94.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 38, 39, 40,

42, 46, 47, 48, 49, 102, 541b of this title; title 16 section

460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714,

1732.

-End-

-CITE-

30 USC Sec. 38 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 38. Evidence of possession and work to establish right to

patent

-STATUTE-

Where such person or association, they and their grantors, have

held and worked their claims for a period equal to the time

prescribed by the statute of limitations for mining claims of the

State or Territory where the same may be situated, evidence of such

possession and working of the claims for such period shall be

sufficient to establish a right to a patent thereto under sections

21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of

this title and section 661 of title 43, in the absence of any

adverse claim; but nothing in such sections shall be deemed to

impair any lien which may have attached in any way whatever to any

mining claim or property thereto attached prior to the issuance of

a patent.

-SOURCE-

(R.S. Sec. 2332.)

-REFTEXT-

REFERENCES IN TEXT

Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71

to 76 of this title and section 661 of title 43, referred to in

text, were in the original "this chapter", meaning chapter 6 of

title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to

2352.

-COD-

CODIFICATION

R.S. Sec. 2332 derived from act July 9, 1870, ch. 235, Sec. 13,

16 Stat. 217.

-MISC1-

SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 39, 40,

42, 46, 47, 48, 102 of this title; title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 39 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 39. Surveyors of mining claims

-STATUTE-

The Director of the Bureau of Land Management may appoint in each

land district containing mineral lands as many competent surveyors

as shall apply for appointment to survey mining claims. The

expenses of the survey of vein or lode claims, and the survey and

subdivision of placer claims into smaller quantities than one

hundred and sixty acres, together with the cost of publication of

notices, shall be paid by the applicants, and they shall be at

liberty to obtain the same at the most reasonable rates, and they

shall also be at liberty to employ any United States deputy

surveyor to make the survey. The Director of the Bureau of Land

Management shall also have power to establish the maximum charges

for surveys and publication of notices under sections 21, 22 to 24,

26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and

section 661 of title 43; and, in case of excessive charges for

publication, he may designate any newspaper published in a land

district where mines are situated for the publication of mining

notices in such district, and fix the rates to be charged by such

paper; and, to the end that the Director may be fully informed on

the subject, each applicant shall file with the register a sworn

statement of all charges and fees paid by such applicant for

publication and surveys, together with all fees and money paid the

register of the land office, which statement shall be transmitted,

with the other papers in the case, to the Director of the Bureau of

Land Management.

-SOURCE-

(R.S. Sec. 2334; Mar. 3, 1925, ch. 462, 43 Stat. 1144, 1145; 1946

Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60

Stat. 1100.)

-REFTEXT-

REFERENCES IN TEXT

Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71

to 76 of this title and section 661 of title 43, referred to in

text, were in the original "this chapter", meaning chapter 6 of

title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to

2352.

-COD-

CODIFICATION

R.S. Sec. 2334 derived from act May 10, 1872, ch. 152, Sec. 12,

17 Stat. 95.

-MISC1-

AMENDMENTS

1925 - Act Mar. 3, 1925, affected words in first sentence of

text, now reading "The United States supervisor of surveys," and

words in third sentence of text, now reading "money paid the

register of the Land Office." Such words formerly read "the

surveyor-general of the United States," and "and money paid the

register and the receiver of the land-office." Such act is treated

more fully in note under section 29 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Director of the Bureau of Land Management substituted for United

States Supervisor of Surveys in sentence beginning "The Director of

the Bureau of Land Management may appoint". In the establishment of

the Bureau of Land Management by Reorg. Plan No. 3 of 1946, Sec.

403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in

the Appendix to Title 5, Government Organization and Employees, the

office of Supervisor of Surveys was abolished and the functions and

powers were transferred to the Secretary of the Interior, to be

performed by such officers or agencies of the Department as might

be designated by the Secretary. Under that authority, the functions

and powers formerly exercised by the Supervisor of Surveys were

delegated to the Chief Cadastral Engineer, subject to the

supervision of the Director of the Bureau of Land Management. In

the general reorganization and realignment of functions of the

Bureau, the office of the Chief Cadastral Engineer was abolished,

and the functions of that office have been delegated to the

Director of the Bureau of Land Management. See 43 C.F.R. Sec.

9180.0-3(a)(1).

In sentence beginning "The Director of the Bureau of Land

Management shall also have power", "Director of the Bureau of Land

Management" substituted for "Commissioner of the General Land

Office" in two instances and "Director" for "Commissioner" on

authority of Reorg. Plan No. 3 of 1946, Sec. 403, set out in the

Appendix to Title 5. Section 403 of Reorg. Plan No. 3 of 1946,

abolished the office of the Commissioner of the General Land Office

and consolidated the functions of the General Land Office with the

Grazing Service to form the Bureau of Land Management.

Office of register of district land office abolished and all

functions of register transferred to Secretary of the Interior, or

to officers and agencies of Department of the Interior as Secretary

may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, set out in

the Appendix to Title 5.

See also note set out under section 1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 40,

42, 46, 47, 48, 49, 102, 541b of this title; title 16 section

460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714,

1732.

-End-

-CITE-

30 USC Sec. 40 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 40. Verification of affidavits

-STATUTE-

All affidavits required to be made under sections 21, 22 to 24,

26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title, and

section 661 of title 43 may be verified before any officer

authorized to administer oaths within the land district where the

claims may be situated, and all testimony and proofs may be taken

before any such officer, and, when duly certified by the officer

taking the same, shall have the same force and effect as if taken

before the register of the land office. In cases of contest as to

the mineral or agricultural character of land, the testimony and

proofs may be taken as herein provided on personal notice of at

least ten days to the opposing party; or if such party cannot be

found, then by publication of at least once a week for thirty days

in a newspaper, to be designated by the register of the land office

as published nearest to the location of such land; and the register

shall require proof that such notice has been given.

-SOURCE-

(R.S. Sec. 2335; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.

Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.

1100.)

-REFTEXT-

REFERENCES IN TEXT

Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71

to 76 of this title and section 661 of title 43, referred to in

text, were in the original "this chapter", meaning chapter 6 of

title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to

2352.

-COD-

CODIFICATION

R.S. Sec. 2335 derived from act May 10, 1872, ch. 152, Sec. 13,

17 Stat. 95.

-MISC1-

AMENDMENTS

1925 - Act Mar. 3, 1925, affected words in first sentence of

text, now reading "before the register of the land office." Such

words formerly read "before the register and receiver of the

land-office." Such act is treated more fully in note under section

29 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Office of register of district land office abolished and all

functions of register transferred to Secretary of the Interior, or

to officers and agencies of Department of the Interior as Secretary

may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July

16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to

Title 5, Government Organization and Employees.

See also note set out under section 1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

42, 46, 47, 48, 49, 102, 541b of this title; title 16 section

460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714,

1732.

-End-

-CITE-

30 USC Sec. 41 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 41. Intersecting or crossing veins

-STATUTE-

Where two or more veins intersect or cross each other, priority

of title shall govern, and such prior location shall be entitled to

all ore or mineral contained within the space of intersection; but

the subsequent location shall have the right-of-way through the

space of intersection for the purposes of the convenient working of

the mine. And where two or more veins unite, the oldest or prior

location shall take the vein below the point of union, including

all the space of intersection.

-SOURCE-

(R.S. Sec. 2336.)

-COD-

CODIFICATION

R.S. Sec. 2336 derived from act May 10, 1872, ch. 152, Sec. 14,

17 Stat. 96.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section

460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714,

1732.

-End-

-CITE-

30 USC Sec. 42 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 42. Patents for nonmineral lands: application, survey, notice,

acreage limitation, payment

-STATUTE-

(a) Vein or lode and mill site owners eligible

Where nonmineral land not contiguous to the vein or lode is used

or occupied by the proprietor of such vein or lode for mining or

milling purposes, such nonadjacent surface ground may be embraced

and included in an application for a patent for such vein or lode,

and the same may be patented therewith, subject to the same

preliminary requirements as to survey and notice as are applicable

to veins or lodes; but no location made on and after May 10, 1872,

of such nonadjacent land shall exceed five acres, and payment for

the same must be made at the same rate as fixed by sections 21, 22

to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title

and section 661 of title 43 for the superficies of the lode. The

owner of a quartz mill or reduction works, not owning a mine in

connection therewith, may also receive a patent for his mill site,

as provided in this section.

(b) Placer claim owners eligible

Where nonmineral land is needed by the proprietor of a placer

claim for mining, milling, processing, beneficiation, or other

operations in connection with such claim, and is used or occupied

by the proprietor for such purposes, such land may be included in

an application for a patent for such claim, and may be patented

therewith subject to the same requirements as to survey and notice

as are applicable to placers. No location made of such nonmineral

land shall exceed five acres and payment for the same shall be made

at the rate applicable to placer claims which do not include a vein

or lode.

-SOURCE-

(R.S. Sec. 2337; Pub. L. 86-390, Mar. 18, 1960, 74 Stat. 7.)

-REFTEXT-

REFERENCES IN TEXT

Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71

to 76 of this title and section 661 of title 43, referred to in

subsec. (a), were in the original "this chapter", meaning chapter 6

of title 32 of the Revised Statutes, consisting of R.S. Secs. 2318

to 2352.

-COD-

CODIFICATION

R.S. Sec. 2337 derived from act May 10, 1872, ch. 152, Sec. 15,

17 Stat. 96.

-MISC1-

AMENDMENTS

1960 - Pub. L. 86-390 designated existing provisions as subsec.

(a) and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 46, 47, 48, 49, 102, 541b of this title; title 16 section

460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714,

1732.

-End-

-CITE-

30 USC Sec. 43 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 43. Conditions of sale by local legislature

-STATUTE-

As a condition of sale, in the absence of necessary legislation

by Congress, the local legislature of any State or Territory may

provide rules for working mines, involving easements, drainage, and

other necessary means to their complete development; and those

conditions shall be fully expressed in the patent.

-SOURCE-

(R.S. Sec. 2338.)

-COD-

CODIFICATION

R.S. Sec. 2338 derived from act July 26, 1866, ch. 262, Sec. 5,

14 Stat. 252.

-MISC1-

SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 48, 102 of this title; title 16 section 460mm-1.

-End-

-CITE-

30 USC Secs. 44, 45 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Secs. 44, 45. Omitted

-COD-

CODIFICATION

Section 44, R.S. Sec. 2341; act Mar. 3, 1891, ch. 561, Sec. 4, 26

Stat. 1097, provided for extension of provisions of Homestead laws

to citizens of United States who had prior to 1874 located on lands

designated prior to 1866 as mineral lands, and improved them for

agricultural purposes, provided no valuable mineral deposits had

been discovered thereon.

Section 45, R.S. Sec. 2342; act Mar. 3, 1891, ch. 561, Sec. 4, 26

Stat. 1097, provided for setting apart the lands as agricultural.

-End-

-CITE-

30 USC Sec. 46 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 46. Additional land districts and officers

-STATUTE-

The President is authorized to establish additional land

districts, and to appoint the necessary officers under existing

laws, wherever he may deem the same necessary for the public

convenience in executing the provisions of sections 21, 22 to 24,

26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and

section 661 of title 43.

-SOURCE-

(R.S. Sec. 2343.)

-REFTEXT-

REFERENCES IN TEXT

Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71

to 76 of this title and section 661 of title 43, referred to in

text, were in the original "this chapter", meaning chapter 6 of

title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to

2352.

-COD-

CODIFICATION

R.S. Sec. 2343 derived from act July 26, 1866, ch. 262, Sec. 7,

14 Stat. 252.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation to the Secretary of the Interior of authority

vested in the President by this section, see Ex. Ord. No. 10250,

June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of

Title 3, The President.

-MISC1-

SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 47, 48, 102 of this title; title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 47 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 47. Impairment of rights or interests in certain mining

property

-STATUTE-

Nothing contained in sections 21, 22 to 24, 26 to 28, 29, 30, 33

to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43

shall be construed to impair in any way, rights or interests in

mining property acquired under laws in force prior to July 9, 1870;

nor to affect the provisions of the act entitled "An act granting

to A. Sutro the right-of-way and other privileges to aid in the

construction of a draining and exploring tunnel to the Comstock

lode, in the State of Nevada", approved July 25, 1866.

-SOURCE-

(R.S. Sec. 2344.)

-REFTEXT-

REFERENCES IN TEXT

Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71

to 76 of this title and section 661 of title 43, referred to in

text, were in the original "this chapter", meaning chapter 6 of

title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to

2352.

-COD-

CODIFICATION

R.S. Sec. 2344 derived from acts July 9, 1870, ch. 235, Sec. 17,

16 Stat. 218; May 10, 1872, ch. 152, Sec. 16, 17 Stat. 96.

-MISC1-

SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 48, 49, 102, 541b of this title; title 16 section

460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714,

1732.

-End-

-CITE-

30 USC Sec. 48 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 48. Lands in Michigan, Wisconsin, and Minnesota; sale and

disposal as public lands

-STATUTE-

Except as otherwise provided in chapter 3A of this title, the

provisions of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 47,

51, and 52 of this title and section 661 of title 43 shall not

apply to the mineral lands situated in the States of Michigan,

Wisconsin, and Minnesota, which are declared free and open to

exploration and purchase, according to legal subdivisions, in like

manner as before the 10th day of May 1872. And any bona fide

entries of such lands within the States named since the 10th day of

May 1872 may be patented without reference to such sections of this

title. Such lands shall be offered for public sale in the same

manner, and at the same minimum price, as other public lands.

-SOURCE-

(R.S. Sec. 2345; Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat. 1097; Feb.

25, 1920, ch. 85, Sec. 1, 41 Stat. 437.)

-REFTEXT-

REFERENCES IN TEXT

Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 47, 51 and 52 of

this title and section 661 of title 43, referred to in text, were

in the original "the preceding provisions of this chapter", meaning

chapter 6 of title 32 of the Revised Statutes, consisting of R.S.

Secs. 2318 to 2344.

-COD-

CODIFICATION

R.S. Sec. 2345 derived from act Feb. 18, 1873, ch. 159, 17 Stat.

465.

-MISC1-

AMENDMENTS

1920 - The exception clause has been inserted at beginning of

this section because of act Feb. 25, 1920, which provided that

deposits of coal, phosphate, sodium, oil, oil shale, or gas, and

lands containing such deposits owned by the United States, shall be

subject to disposition in the form and manner provided by this act.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 102 of this title; title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 49 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 49. Lands in Missouri and Kansas; disposal as agricultural

lands

-STATUTE-

Except as otherwise provided in chapter 3A of this title, within

the States of Missouri and Kansas deposits of coal, iron, lead, or

other mineral are excluded from the operation of sections 22 to 24,

26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this title, and

all lands in said States shall be subject to disposal as

agricultural lands.

-SOURCE-

(May 5, 1876, ch. 91, 19 Stat. 52; Feb. 25, 1920, ch. 85, Sec. 1,

41 Stat. 437.)

-REFTEXT-

REFERENCES IN TEXT

Sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and

47 of this title, referred to in text, were in the original "the

act entitled 'An act to promote the development of mining resources

of the United States' approved May tenth, eighteen hundred and

seventy-two", meaning act May 10, 1872, ch. 152, 17 Stat. 91,

popularly known as the Mining Act of 1872. That act was

incorporated into the Revised Statutes as R.S. Secs. 2319 to 2328,

2331, 2333 to 2337, and 2344, which are classified to sections 22

to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this

title. For complete classification of R.S. Secs. 2319 to 2328,

2331, 2333 to 2337, and 2344 to the Code, see Tables.

-MISC1-

AMENDMENTS

1920 - The exception clause has been inserted at beginning of

this section because of act Feb. 25, 1920, which provided that

deposits of coal, phosphate, sodium, oil, oil shale, or gas, and

lands containing such deposits owned by the United States, shall be

subject to disposition in the form and manner provided by such act.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 49a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 49a. Mining laws of United States extended to Alaska;

exploration and mining for precious metals; regulations; conflict

of laws; permits; dumping tailings; pumping from sea; reservation

of roadway; title to land below line of high tide or high-water

mark; transfer of title to future State

-STATUTE-

The laws of the United States relating to mining claims, mineral

locations, and rights incident thereto are extended to the

Territory of Alaska: Provided, That, subject only to the laws

enacted by Congress for the protection and preservation of the

navigable waters of the United States, and to the laws for the

protection of fish and game, and subject also to such general rules

and regulations as the Secretary of the Interior may prescribe for

the preservation of order and the prevention of injury to the fish

and game, all land below the line of ordinary high tide on tidal

waters and all land below the line of ordinary high-water mark on

nontidal water navigable in fact, within the jurisdiction of the

United States, shall be subject to exploration and mining for gold

and other precious metals, and in the Chilkat River, and its

tributaries, within two and three-tenths miles of United States

survey numbered 991 for all metals, by citizens of the United

States, or persons who have legally declared their intentions to

become such, under such reasonable rules and regulations as the

miners in organized mining districts may have heretofore made or

may hereafter make governing the temporary possession thereof for

exploration and mining purposes until otherwise provided by law:

Provided further, That the rules and regulations established by the

miners shall not be in conflict with the mining laws of the United

States; and no exclusive permit shall be granted by the Secretary

of the Interior authorizing any person or persons, corporation, or

company to excavate or mine under any of said waters, and if such

exclusive permit has been granted it is revoked and declared null

and void. The rules and regulations prescribed by the Secretary of

the Interior under this section shall not, however, deprive miners

on the beach of the right given to dump tailings into or pump from

the sea opposite their claims, except where such dumping would

actually obstruct navigation or impair the fish and game, and the

reservation of a roadway sixty feet wide under section 687a-2 (!1)

of title 43, shall not apply to mineral lands or town sites. No

person shall acquire by virtue of this section any title to any

land below the line of ordinary high tide or the line of ordinary

high-water mark, as the case may be, of the waters described in

this section. Any rights or privileges acquired hereunder with

respect to mining operations in land, title to which is transferred

to a future State upon its admission to the Union and which is

situated within its boundaries, shall be terminable by such State,

and the said mining operations shall be subject to the laws of such

State.

-SOURCE-

(June 6, 1900, ch. 786, title I, Sec. 26, 31 Stat. 329; May 31,

1938, ch. 297, 52 Stat. 588; Aug. 8, 1947, ch. 514, Sec. 1, 61

Stat. 916; Pub. L. 85-662, Aug. 14, 1958, 72 Stat. 615.)

-REFTEXT-

REFERENCES IN TEXT

Section 687a-2 of title 43, referred to in text, was repealed by

Pub. L. 94-579, title VII, Secs. 703(a), 704(a), Oct. 21, 1976, 90

Stat. 2789, 2792.

-COD-

CODIFICATION

Section was formerly classified to section 381 of Title 48,

Territories and Insular Possessions.

-MISC1-

AMENDMENTS

1958 - Pub. L. 85-662 substituted "fish and game" for "fisheries"

in three places, and inserted provisions permitting mining for all

metals in Chilkat River, and its tributaries, within two and

three-tenths miles of United States survey numbered 991.

1947 - Act Aug. 8, 1947, permitted exploration for and mining of

gold and other precious metals in beds of navigable streams.

1938 - Act May 31, 1938, extended waters subject to exploration

and mining for gold to include all water on shores, bays, and

inlets of Alaska, and substituted Secretary of the Interior for

Secretary of War, among other changes.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

NON-IMPAIRMENT OF VALID CLAIMS AND RIGHTS

Section 2 of act Aug. 8, 1947, provided: "Nothing in this Act

[amending this section] shall be deemed to affect or impair any

valid claims, rights or privileges, including possessory claims

under the first proviso of section 8 of the Act of May 17, 1884 (23

Stat. 26) [25 U.S.C. 280a], arising under any other provision of

law."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460mm-1.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

30 USC Sec. 49b 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 49b. Mining laws relating to placer claims extended to Alaska

-STATUTE-

The general mining laws of the United States so far as they are

applicable to placer-mining claims, as prior to May 4, 1934,

extended to the Territory of Alaska, are declared to be in full

force and effect in said Territory: Provided, That nothing herein

shall be held to change or affect the rights acquired by locators

or owners of placer-mining claims prior to May 4, 1934, located in

said Territory under act August 1, 1912 (37 Stat. 242, 243) and

amendatory act March 3, 1925 (43 Stat. 1118).

-SOURCE-

(May 4, 1934, ch. 211, Sec. 2, 48 Stat. 663.)

-REFTEXT-

REFERENCES IN TEXT

Act August 1, 1912 (37 Stat. 242, 243) and amendatory act March

3, 1925 (43 Stat. 1118), referred to in text, were repealed by

section 1 of act May 4, 1934. See sections 35 to 37 and 49b of this

title.

-COD-

CODIFICATION

Section was formerly classified to sections 119 and 381a of Title

48, Territories and Insular Possessions.

-MISC1-

EFFECTIVE DATE

Section 3 of act May 4, 1934, provided that: "This Act [enacting

this section] shall take effect thirty days subsequent to the date

of convening of the first regular session of the Alaska Territorial

Legislature which is held after the passage of this Act [May 4,

1934]."

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 49c 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 49c. Recording notices of location of Alaskan mining claims

-STATUTE-

Notices of location of mining claims shall be filed for record

within ninety days from the date of the discovery of the claim

described in the notice, and all instruments shall be recorded in

the recording district in which the property or subject matter

affected by the instrument is situated, and where the property or

subject matter is not situated in any established recording

district the instrument affecting the same shall be recorded in the

office of the clerk of the division of the court having supervision

over the recording division in which such property or subject

matter is situated.

-SOURCE-

(June 6, 1900, ch. 786, title I, Sec. 15, 31 Stat. 327.)

-COD-

CODIFICATION

Section is comprised of the proviso of section 15 of act June 6,

1900, which was formerly classified to section 382 of Title 48,

Territories and Insular Possessions. The remainder of section 15,

which was formerly classified to section 119 of Title 48, was

omitted from the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 49d 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 49d. Miners' regulations for recording notices in Alaska;

certain records legalized

-STATUTE-

Miners in any organized mining district may make rules and

regulations governing the recording of notices of location of

mining claims, water rights, flumes and ditches, mill sites and

affidavits of labor, not in conflict with this Act or the general

laws of the United States; and nothing in this Act shall be

construed so as to prevent the miners in any regularly organized

mining district not within any recording district established by

the court from electing their own mining recorder to act as such

until a recorder therefor is appointed by the court: Provided

further, All records regularly made by the United States

commissioner prior to June 6, 1900, at Dyea, Skagway, and the

recorder at Douglas City, not in conflict with any records

regularly made with the United States commissioner at Juneau, are

legalized. And all records made in good faith prior to June 6,

1900, in any regularly organized mining district are made public

records.

-SOURCE-

(June 6, 1900, ch. 786, title I, Sec. 16, 31 Stat. 328.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act June 6, 1900, ch. 786,

31 Stat. 321, as amended. For complete classification of title I of

this act to the Code, see Tables. Title III of this act provided

for the Alaska Civil Code.

-COD-

CODIFICATION

Section is comprised of the two provisos of section 16 of act

June 6, 1900, and part of the last sentence of that section, which

were formerly classified to section 383 of Title 48, Territories

and Insular Possessions. The remainder of section 16 (excluding the

last sentence) which was formerly classified to section 120 of

Title 48, was omitted from the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 49e 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 49e. Annual labor or improvements on Alaskan mining claims;

affidavits; burden of proof; forfeitures; location anew of

claims; perjury

-STATUTE-

During each year and until patent has been issued therefor, at

least $100 worth of labor shall be performed or improvements made

on, or for the benefit or development of, in accordance with

existing law, each mining claim in Alaska heretofore or hereafter

located. And the locator or owner of such claim or some other

person having knowledge of the facts may also make and file with

the said recorder of the district in which the claims shall be

situated an affidavit showing the performance of labor or making of

improvements to the amount of $100 as aforesaid and specifying the

character and extent of such work. Such affidavits shall set forth

the following: First, the name or number of the mining claims and

where situated; second, the number of days' work done and the

character and value of the improvements placed thereon; third, the

date of the performance of such labor and of making improvements;

fourth, at whose instance the work was done or the improvements

made; fifth, the actual amount paid for work and improvement, and

by whom paid when the same was not done by the owner. Such

affidavit shall be prima facie evidence of the performance of such

work or making of such improvements, but if such affidavits be not

filed within the time fixed by this section the burden of proof

shall be upon the claimant to establish the performance of such

annual work and improvements. And upon failure of the locator or

owner of any such claim to comply with the provisions of this

section, as to performance of work and improvements, such claim

shall become forfeited and open to location by others as if no

location of the same had ever been made. The affidavits required

may be made before any officer authorized to administer oaths, and

the provisions of sections 1621 and 1622 of title 18, are extended

to such affidavits. Said affidavits shall be filed not later than

ninety days after the close of the year in which such work is

performed.

-SOURCE-

(Mar. 2, 1907, ch. 2559, Sec. 1, 34 Stat. 1243.)

-COD-

CODIFICATION

"Sections 1621 and 1622 of title 18" substituted in text for

"sections fifty-three hundred and ninety-two and fifty-three

hundred ninety-three of the Revised Statutes", which had been

classified to section 231 and 232 of former Title 18, Criminal Code

and Criminal Procedure, on authority of act June 25, 1948, ch. 645,

62 Stat. 683, the first section of which enacted Title 18, Crimes

and Criminal Procedure.

Section was formerly classified to section 384 of Title 48,

Territories and Insular Possessions.

-MISC1-

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 49f of this title; title

16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 49f 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 49f. Fees of recorders in Alaska for filing proofs of work and

improvements

-STATUTE-

The recorders for the several divisions or districts of Alaska

shall collect the sum of $1.50 as a fee for the filing, recording,

and indexing annual proofs of work and improvements for each claim

so recorded under the provisions of section 49e of this title.

-SOURCE-

(Mar. 2, 1907, ch. 2559, Sec. 2, 34 Stat. 1243.)

-COD-

CODIFICATION

Section was formerly classified to section 385 of Title 48,

Territories and Insular Possessions.

-MISC1-

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 50 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 50. Grants to States or corporations not to include mineral

lands

-STATUTE-

No act passed at the first session of the Thirty-eighth Congress,

granting lands to States or corporations to aid in the construction

of roads or for other purposes, or to extend the time of grants

made prior to the 30th day of January 1865 shall be so construed as

to embrace mineral lands, which in all cases are reserved

exclusively to the United States, unless otherwise specially

provided in the act or acts making the grant.

-SOURCE-

(R.S. Sec. 2346.)

-REFTEXT-

REFERENCES IN TEXT

The first session of the Thirty-eighth Congress, referred to in

text, was begun Dec. 7, 1863, and ended July 4, 1864, 13 Stat. 1 to

417, contain legislation passed at such session.

-COD-

CODIFICATION

R.S. Sec. 2346 derived from Res. Jan. 30, 1865, No. 10, 13 Stat.

567.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 102 of this title; title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 51 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 51. Water users' vested and accrued rights; enumeration of

uses; protection of interest; rights-of-way for canals and

ditches; liability for injury or damage to settlers' possession

-STATUTE-

Whenever, by priority of possession, rights to the use of water

for mining, agricultural, manufacturing, or other purposes have

vested and accrued, and the same are recognized and acknowledged by

the local customs, laws, and the decisions of courts, the

possessors and owners of such vested rights shall be maintained and

protected in the same; and the right-of-way for the construction of

ditches and canals for the purposes herein specified is

acknowledged and confirmed; but whenever any person, in the

construction of any ditch or canal, injures or damages the

possession of any settler on the public domain, the party

committing such injury or damage shall be liable to the party

injured for such injury or damage.

-SOURCE-

(R.S. Sec. 2339.)

-STATAMEND-

REPEALS

Provision of this section, "and the right-of-way for the

construction of ditches and canals for the purposes herein

specified is acknowledged and confirmed; but whenever any person,

in the construction of any ditch or canal, injures or damages the

possession of any settler on the public domain, the party

committing such injury or damage shall be liable to the party

injured for such injury or damage." was repealed by Pub. L. 94-579,

title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on

and after Oct. 21, 1976, insofar as applicable to the issuance of

rights-of-way over, upon, under, and through the public lands and

lands in the National Forest System.

-COD-

CODIFICATION

R.S. Sec. 2339 derived from act July 26, 1866, ch. 262, Sec. 9,

14 Stat. 253.

Section is also set out as the first par. of section 661 of Title

43, Public Lands.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976,

90 Stat. 2793, insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see note set out

under section 1701 of Title 43, Public Lands.

SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 48, 52, 102 of this title; title 16 section

460mm-1.

-End-

-CITE-

30 USC Sec. 52 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 52. Patents or homesteads subject to vested and accrued water

rights

-STATUTE-

All patents granted, or homesteads allowed, shall be subject to

any vested and accrued water rights, or rights to ditches and

reservoirs used in connection with such water rights, as may have

been acquired under or recognized by section 51 of this title.

-SOURCE-

(R.S. Sec. 2340; Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat. 1097.)

-STATAMEND-

REPEALS

Provision of this section, ", or rights to ditches and reservoirs

used in connection with such water rights," was repealed by Pub. L.

94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat. 2793,

effective on and after Oct. 21, 1976, insofar as applicable to the

issuance of rights-of-way over, upon, under, and through the public

lands and lands in the National Forest System.

-COD-

CODIFICATION

R.S. Sec. 2340 derived from act July 9, 1870, ch. 235, Sec. 17,

16 Stat. 218.

Section is also set out as the second par. of section 661 of

Title 43, Public Lands.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976,

90 Stat. 2793, insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see note set out

under section 1701 of Title 43, Public Lands.

SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 29, 33, 37, 38, 39,

40, 42, 46, 47, 48, 102 of this title; title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 53 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 53. Possessory actions for recovery of mining titles or for

damages to such title

-STATUTE-

No possessory action between persons, in any court of the United

States, for the recovery of any mining title, or for damages to any

such title, shall be affected by the fact that the paramount title

to the land in which such mines lie is in the United States; but

each case shall be adjudged by the law of possession.

-SOURCE-

(R.S. Sec. 910.)

-COD-

CODIFICATION

R.S. Sec. 910 derived from act Feb. 27, 1865, ch. 64, Sec. 9, 13

Stat. 441.

Section was formerly classified to section 690 of Title 28 prior

to the general revision and enactment of Title 28, Judiciary and

Judicial Procedure, by act June 25, 1948, ch. 646, Sec. 1, 62 Stat.

869.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460mm-1.

-End-

-CITE-

30 USC Sec. 54 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-

Sec. 54. Liability for damages to stock raising and homestead

entries by mining activities

-STATUTE-

Notwithstanding the provisions of any Act of Congress to the

contrary, any person who on and after June 21, 1949 prospects for,

mines, or removes by strip or open pit mining methods, any minerals

from any land included in a stock raising or other homestead entry

or patent, and who had been liable under such an existing Act only

for damages caused thereby to the crops or improvements of the

entryman or patentee, shall also be liable for any damage that may

be caused to the value of the land for grazing by such prospecting

for, mining, or removal of minerals. Nothing in this section shall

be considered to impair any vested right in existence on June 21,

1949.

-SOURCE-

(June 21, 1949, ch. 232, Sec. 5, 63 Stat. 215.)

-MISC1-

SIMILAR PROVISIONS

Provisions similar to this section were contained in act June 17,

1949, ch. 221, Sec. 2, 63 Stat. 201.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460mm-1.

-End-