Page 7 TITLE 30—MINERAL LANDS AND MINING § 21 committee established by the President or an officer of Sec. the Federal Government, such committee is renewed by 34. Description of vein claims on surveyed and appropriate action prior to the expiration of such 2- unsurveyed lands; monuments on ground to year period, or in the case of a committee established govern conflicting calls. by the Congress, its duration is otherwise provided by 35. Placer claims; entry and proceedings for pat- law. Advisory committees established after Jan. 5, 1973, ent under provisions applicable to vein or to terminate not later than the expiration of the 2-year lode claims; conforming entry to legal sub- period beginning on the date of their establishment, divisions and surveys; limitation of claims; unless, in the case of a committee established by the homestead entry of segregated agricultural President or an officer of the Federal Government, such land. committee is renewed by appropriate action prior to 36. Subdivisions of 10-acre tracts; maximum of the expiration of such 2-year period, or in the case of placer locations; homestead claims of agri- a committee established by the Congress, its duration cultural lands; sale of improvements. is otherwise provided for by law. See section 14 of Pub. 37. Proceedings for patent where boundaries con- L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appen- tain vein or lode; application; statement in- dix to Title 5, Government Organization and Employ- cluding vein or lode; issuance of patent: ees. acreage payments for vein or lode and plac- er claim; costs of proceedings; knowledge CHAPTER 2—MINERAL LANDS AND affecting construction of application and REGULATIONS IN GENERAL scope of patent. 38. Evidence of possession and work to establish Sec. right to patent. 21. Mineral lands reserved. 39. Surveyors of mining claims. 21a. National mining and minerals policy; ‘‘min- 40. Verification of affidavits. erals’’ defined; execution of policy under 41. Intersecting or crossing veins. other authorized programs. 42. Patents for nonmineral lands: application, 22. Lands open to purchase by citizens. survey, notice, acreage limitation, pay- 23. Length of claims on veins or lodes. ment. 24. Proof of citizenship. 43. Conditions of sale by local legislature. 25. Affidavit of citizenship. 44, 45. Omitted. 26. Locators’ rights of possession and enjoyment. 46. Additional land districts and officers. 27. Mining tunnels; right to possession of veins 47. Impairment of rights or interests in certain on line with; abandonment of right. mining property. 28. Mining district regulations by miners: loca- 48. Lands in Michigan, Wisconsin, and Min- tion, recordation, and amount of work; nesota; sale and disposal as public lands. marking of location on ground; records; an- 49. Lands in Missouri and Kansas; disposal as ag- nual labor or improvements on claims pend- ricultural lands. ing issue of patent; co-owner’s succession in 49a. Mining laws of United States extended to interest upon delinquency in contributing Alaska; exploration and mining for precious proportion of expenditures; tunnel as lode metals; regulations; conflict of laws; per- expenditure. mits; dumping tailings; pumping from sea; 28–1. Inclusion of certain surveys in labor require- reservation of roadway; title to land below ments of mining claims; conditions and re- line of high tide or high-water mark; trans- strictions. fer of title to future State. 28–2. Definitions. 49b. Mining laws relating to placer claims ex- 28a. Omitted. tended to Alaska. 28b. Annual assessment work on mining claims; 49c. Recording notices of location of Alaskan min- temporary deferment; conditions. ing claims. 28c. Length and termination of deferment. 49d. Miners’ regulations for recording notices in 28d. Performance of deferred work. Alaska; certain records legalized. 28e. Recordation of deferment. 49e. Annual labor or improvements on Alaskan 28f. Fee. mining claims; affidavits; burden of proof; 28g. Location fee. forfeitures; location anew of claims; per- 28h. Co-ownership. jury. 28i. Failure to pay. 49f. Fees of recorders in Alaska for filing proofs of 28j. Other requirements. work and improvements. 28k. Regulations. 50. Grants to States or corporations not to in- 28l. Collection of mining law administration fees. clude mineral lands. 29. Patents; procurement procedure; filing: appli- 51. Water users’ vested and accrued rights; enu- cation under oath, plat and field notes, no- meration of uses; protection of interest; tices, and affidavits; posting plat and notice rights-of-way for canals and ditches; liabil- on claim; publication and posting notice in ity for injury or damage to settlers’ posses- office; certificate; adverse claims; payment sion. per acre; objections; nonresident claimant’s 52. Patents or homesteads subject to vested and agent for execution of application and affi- accrued water rights. davits. 53. Possessory actions for recovery of mining 30. Adverse claims; oath of claimants; requisites; titles or for damages to such title. waiver; stay of land office proceedings; judi- 54. Liability for damages to stock raising and cial determination of right of possession; homestead entries by mining activities. successful claimants’ filing of judgment § 21. Mineral lands reserved roll, certificate of labor, and description of claim in land office, and acreage and fee In all cases lands valuable for minerals shall payments; issuance of patents for entire or be reserved from sale, except as otherwise ex- partial claims upon certification of land of- pressly directed by law. fice proceedings and judgment roll; alien- ation of patent title. (R.S. § 2318.) 31. Oath: agent or attorney in fact, beyond dis- CODIFICATION trict of claim. 32. Findings by jury; costs. R.S. § 2318 derived from act July 4, 1866, ch. 166, § 5, 14 33. Existing rights. Stat. 86. § 21a TITLE 30—MINERAL LANDS AND MINING Page 8

§ 21a. National mining and minerals policy; ‘‘min- Words ‘‘Except as otherwise provided,’’ were edi- erals’’ defined; execution of policy under torially supplied on authority of act Feb. 25, 1920, ch. other authorized programs 85, 41 Stat. 437, popularly known as the Mineral Lands Leasing Act, which is classified to chapter 3A (§ 181 et The Congress declares that it is the continuing seq.) of this title. policy of the Federal Government in the na- tional interest to foster and encourage private SHORT TITLE enterprise in (1) the development of economi- Sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 43, cally sound and stable domestic mining, min- and 47 of this title are based on sections of the Revised erals, metal and mineral reclamation industries, Statutes which are derived from act May 10, 1872, ch. (2) the orderly and economic development of do- 152, 17 Stat. 91, popularly known as the ‘‘General Min- mestic mineral resources, reserves, and reclama- ing Act of 1872’’ and as the ‘‘Mining Law of 1872’’. tion of metals and minerals to help assure satis- § 23. Length of claims on veins or lodes faction of industrial, security and environ- mental needs, (3) mining, mineral, and metallur- Mining claims upon veins or lodes of quartz or gical research, including the use and recycling other rock in place bearing gold, silver, cinna- of scrap to promote the wise and efficient use of bar, lead, tin, copper, or other valuable deposits, our natural and reclaimable mineral resources, located prior to May 10, 1872, shall be governed and (4) the study and development of methods as to length along the vein or lode by the cus- for the disposal, control, and reclamation of toms, regulations, and laws in force at the date mineral waste products, and the reclamation of of their location. A mining claim located after mined land, so as to lessen any adverse impact the 10th day of May 1872, whether located by one of mineral extraction and processing upon the or more persons, may equal, but shall not ex- physical environment that may result from min- ceed, one thousand five hundred feet in length ing or mineral activities. along the vein or lode; but no location of a min- For the purpose of this section ‘‘minerals’’ ing claim shall be made until the discovery of shall include all minerals and mineral fuels in- the vein or lode within the limits of the claim cluding oil, gas, coal, oil shale and uranium. located. No claim shall extend more than three It shall be the responsibility of the Secretary hundred feet on each side of the middle of the of the Interior to carry out this policy when ex- vein at the surface, nor shall any claim be lim- ercising his authority under such programs as ited by any mining regulation to less than twen- may be authorized by law other than this sec- ty-five feet on each side of the middle of the tion. vein at the surface, except where adverse rights (Pub. L. 91–631, title I, § 101, formerly § 2, Dec. 31, existing on the 10th day of May 1872 render such 1970, 84 Stat. 1876; Pub. L. 104–66, title I, § 1081(b), limitation necessary. The end lines of each Dec. 21, 1995, 109 Stat. 721; renumbered title I, claim shall be parallel to each other. § 101, Pub. L. 104–325, § 2(1), (2), Oct. 19, 1996, 110 Stat. 3994.) (R.S. § 2320.)

AMENDMENTS CODIFICATION 1995—Pub. L. 104–66 in last par. struck out at end R.S. § 2320 derived from act May 10, 1872, ch. 152, § 2, ‘‘For this purpose the Secretary of the Interior shall in- 17 Stat. 91. clude in his annual report to the Congress a report on the state of the domestic mining, minerals, and min- § 24. Proof of citizenship eral reclamation industries, including a statement of the trend in utilization and depletion of these re- Proof of citizenship, under sections 21, 22 to 24, sources, together with such recommendations for legis- 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this lative programs as may be necessary to implement the title and section 661 of title 43, may consist, in policy of this section.’’ the case of an individual, of his own affidavit SHORT TITLE thereof; in the case of an association of persons unincorporated, of the affidavit of their author- Pub. L. 91–631, § 1, Dec. 31, 1970, 84 Stat. 1876, provided: ‘‘That this Act [enacting this section] may be cited as ized agent, made on his own knowledge, or upon the ‘Mining and Minerals Policy Act of 1970’.’’ information and belief; and in the case of a cor- poration organized under the laws of the United § 22. Lands open to purchase by citizens States, or of any State or Territory thereof, by Except as otherwise provided, all valuable the filing of a certified copy of their charter or mineral deposits in lands belonging to the certificate of incorporation. United States, both surveyed and unsurveyed, (R.S. § 2321.) shall be free and open to exploration and pur- chase, and the lands in which they are found to REFERENCES IN TEXT occupation and purchase, by citizens of the Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, United States and those who have declared their 71 to 76 of this title and section 661 of title 43, referred intention to become such, under regulations pre- to in text, were in the original ‘‘this chapter’’, meaning scribed by law, and according to the local cus- chapter 6 of title 32 of the Revised Statutes, consisting toms or rules of miners in the several mining of R.S. §§ 2318 to 2352. districts, so far as the same are applicable and CODIFICATION not inconsistent with the laws of the United States. R.S. § 2321 derived from act May 10, 1872, ch. 152, § 7, 17 Stat. 94. (R.S. § 2319.) § 25. Affidavit of citizenship CODIFICATION R.S. § 2319 derived from act May 10, 1872, ch. 152, § 1, Applicants for mineral patents, if residing be- 17 Stat. 91. yond the limits of the district wherein the claim Page 9 TITLE 30—MINERAL LANDS AND MINING § 28 is situated, may make any oath or affidavit re- § 28. Mining district regulations by miners: loca- quired for proof of citizenship before the clerk of tion, recordation, and amount of work; mark- any court of record or before any notary public ing of location on ground; records; annual of any State or Territory. labor or improvements on claims pending (Apr. 26, 1882, ch. 106, § 2, 22 Stat. 49.) issue of patent; co-owner’s succession in in- terest upon delinquency in contributing pro- § 26. Locators’ rights of possession and enjoy- portion of expenditures; tunnel as lode ex- ment penditure The locators of all mining locations made on The miners of each mining district may make any mineral vein, lode, or ledge, situated on the regulations not in conflict with the laws of the public domain, their heirs and assigns, where no United States, or with the laws of the State or adverse claim existed on the 10th day of May Territory in which the district is situated, gov- 1872 so long as they comply with the laws of the erning the location, manner of recording, United States, and with State, territorial, and amount of work necessary to hold possession of local regulations not in conflict with the laws of a mining claim, subject to the following require- the United States governing their possessory ments: The location must be distinctly marked title, shall have the exclusive right of possession on the ground so that its boundaries can be and enjoyment of all the surface included within readily traced. All records of mining claims the lines of their locations, and of all veins, made after May 10, 1872, shall contain the name lodes, and ledges throughout their entire depth, or names of the locators, the date of the loca- the top or apex of which lies inside of such sur- tion, and such a description of the claim or face lines extended downward vertically, al- claims located by reference to some natural ob- though such veins, lodes, or ledges may so far depart from a perpendicular in their course ject or permanent monument as will identify downward as to extend outside the vertical side the claim. On each claim located after the 10th lines of such surface locations. But their right of day of May 1872, that is granted a waiver under possession to such outside parts of such veins or section 28f of this title, and until a patent has ledges shall be confined to such portions thereof been issued therefor, not less than $100 worth of as lie between vertical planes drawn downward labor shall be performed or improvements made as above described, through the end lines of during each year. On all claims located prior to their locations, so continued in their own direc- the 10th day of May 1872, $10 worth of labor shall tion that such planes will intersect such exte- be performed or improvements made each year, rior parts of such veins or ledges. Nothing in for each one hundred feet in length along the this section shall authorize the locator or pos- vein until a patent has been issued therefor; but sessor of a vein or lode which extends in its where such claims are held in common, such ex- downward course beyond the vertical lines of his penditure may be made upon any one claim; and claim to enter upon the surface of a claim owned upon a failure to comply with these conditions, or possessed by another. the claim or mine upon which such failure oc- curred shall be open to relocation in the same (R.S. § 2322.) manner as if no location of the same had ever CODIFICATION been made, provided that the original locators, R.S. § 2322 derived from act May 10, 1872, ch. 152, § 3, their heirs, assigns, or legal representatives, 17 Stat. 91. have not resumed work upon the claim after failure and before such location. Upon the fail- § 27. Mining tunnels; right to possession of veins ure of any one of several coowners to contribute on line with; abandonment of right his proportion of the expenditures required here- Where a tunnel is run for the development of by, the coowners who have performed the labor a vein or lode, or for the discovery of mines, the or made the improvements may, at the expira- owners of such tunnel shall have the right of tion of the year, give such delinquent co-owner possession of all veins or lodes within three personal notice in writing or notice by publica- thousand feet from the face of such tunnel on tion in the newspaper published nearest the the line thereof, not previously known to exist, claim, for at least once a week for ninety days, discovered in such tunnel, to the same extent as and if at the expiration of ninety days after such if discovered from the surface; and locations on notice in writing or by publication such delin- the line of such tunnel of veins or lodes not ap- quent should fail or refuse to contribute his pro- pearing on the surface, made by other parties portion of the expenditure required by this sec- after the commencement of the tunnel, and tion, his interest in the claim shall become the while the same is being prosecuted with reason- property of his co-owners who have made the re- able diligence, shall be invalid; but failure to quired expenditures. The period within which prosecute the work on the tunnel for six months the work required to be done annually on all un- shall be considered as an abandonment of the patented mineral claims located since May 10, right to all undiscovered veins on the line of 1872, including such claims in the Territory of such tunnel. Alaska, shall commence at 12:01 ante meridian (R.S. § 2323.) on the first day of September succeeding the date of location of such claim. CODIFICATION Where a person or company has or may run a R.S. § 2323 derived from act May 10, 1872, ch. 152, § 4, tunnel for the purposes of developing a lode or 17 Stat. 92. lodes, owned by said person or company, the SHORT TITLE money so expended in said tunnel shall be taken This section is popularly known as the Tunnel Site and considered as expended on said lode or lodes, Act. whether located prior to or since May 10, 1872; § 28–1 TITLE 30—MINERAL LANDS AND MINING Page 10 and such person or company shall not be re- (Pub. L. 85–876, § 1, Sept. 2, 1958, 72 Stat. 1701.) quired to perform work on the surface of said lode or lodes in order to hold the same as re- § 28–2. Definitions quired by this section. On all such valid claims As used in section 28–1 of this title, the annual period ending December 31, 1921, (a) The term ‘‘geological surveys’’ means sur- shall continue to 12 o’clock meridian July 1, veys on the ground for mineral deposits by the 1922. proper application of the principles and tech- (R.S. § 2324; Feb. 11, 1875, ch. 41, 18 Stat. 315; Jan. niques of the science of geology as they relate to 22, 1880, ch. 9, § 2, 21 Stat. 61; Aug. 24, 1921, ch. 84, the search for and discovery of mineral deposits; 42 Stat. 186; Pub. L. 85–736, § 1, Aug. 23, 1958, 72 (b) The term ‘‘geochemical surveys’’ means Stat. 829; Pub. L. 103–66, title X, § 10105(b), Aug. surveys on the ground for mineral deposits by 10, 1993, 107 Stat. 406; Pub. L. 110–161, div. F, title the proper application of the principles and I, (1), Dec. 26, 2007, 121 Stat. 2101.) techniques of the science of chemistry as they relate to the search for and discovery of mineral CODIFICATION deposits; R.S. § 2324 derived from act May 10, 1872, ch. 152, § 5, (c) The term ‘‘geophysical surveys’’ means 17 Stat. 92. Pub. L. 110–161, which directed the amendment of sec- surveys on the ground for mineral deposits tion 28 of title 30, United States Code, ‘‘in section 28’’, through the employment of generally recognized was executed by making the amendment to R.S. § 2324, equipment and methods for measuring physical which is classified to this section, to reflect the prob- differences between rock types or discontinu- able intent of Congress. See 2007 Amendment note ities in geological formations; below. (d) The term ‘‘qualified expert’’ means an indi- AMENDMENTS vidual qualified by education or experience to conduct geological, geochemical or geophysical 2007—Pub. L. 110–161 substituted ‘‘shall commence at 12:01 ante meridian on the first day of September’’ for surveys, as the case may be. ‘‘shall commence at 12 o’clock meridian on the 1st day (Pub. L. 85–876, § 2, Sept. 2, 1958, 72 Stat. 1701.) of September’’. See Codification note above. 1993—Pub. L. 103–66 inserted ‘‘that is granted a waiver § 28a. Omitted under section 28f of this title,’’ after ‘‘On each claim lo- cated after the 10th day of May 1872,’’. CODIFICATION 1958—Pub. L. 85–736 changed period for doing annual assessment work on unpatented mineral claims, sub- Section, act June 29, 1950, ch. 404, 64 Stat. 275, pro- stituting ‘‘1st day of September’’ for ‘‘1st day of July’’. vided for extension of time of annual assessment work, on mining claims in the United States, including Alas- ADMISSION OF ALASKA AS STATE ka, for period commencing July 1, 1949, until 12 o’clock Admission of Alaska into the Union was accom- noon Oct. 1, 1950, and also provided for commencement plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. of assessment work or improvements required for year 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections ending 12 o’clock noon July 1, 1951, immediately follow- 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set ing 12 o’clock noon July 1, 1950. See sections 28b to 28e out as notes preceding section 21 of Title 48, Territories of this title. and Insular Possessions. § 28b. Annual assessment work on mining claims; ASSESSMENT WORK YEARS, 1957–58 AND 1958–59 temporary deferment; conditions Pub. L. 85–736, § 2, Aug. 23, 1958, 72 Stat. 829, provided that the period commencing in 1957 for the performance The performance of not less than $100 worth of of annual assessment work under this section shall end labor or the making of improvements aggregat- at 12 o’clock meridian on the 1st day of July 1958, and ing such amount, which labor or improvements the period commencing in 1958 for the performance of are required under the provisions of section 28 of such annual assessment work shall commence at 12 this title to be made during each year, may be o’clock meridian on the 1st day of July 1958, and shall deferred by the Secretary of the Interior as to continue to 12 o’clock meridian on Sept. 1, 1959. any mining claim or group of claims in the § 28–1. Inclusion of certain surveys in labor re- United States upon the submission by the claim- quirements of mining claims; conditions and ant of evidence satisfactory to the Secretary restrictions that such mining claim or group of claims is surrounded by lands over which a right-of-way The term ‘‘labor’’, as used in the third sen- for the performance of such assessment work tence of section 28 of this title, shall include, has been denied or is in litigation or is in the without being limited to, geological, geo- process of acquisition under State law or that chemical and geophysical surveys conducted by other legal impediments exist which affect the qualified experts and verified by a detailed re- right of the claimant to enter upon the surface port filed in the county office in which the claim of such claim or group of claims or to gain ac- is located which sets forth fully (a) the location cess to the boundaries thereof. of the work performed in relation to the point of discovery and boundaries of the claim, (b) the (June 21, 1949, ch. 232, § 1, 63 Stat. 214.) nature, extent, and cost thereof, (c) the basic § 28c. Length and termination of deferment findings therefrom, and (d) the name, address, and professional background of the person or The period for which said deferment may be persons conducting the work. Such surveys, granted shall end when the conditions justifying however, may not be applied as labor for more deferment have been removed: Provided, That than two consecutive years or for more than a the initial period shall not exceed one year but total of five years on any one mining claim, and may be renewed for a further period of one year each such survey shall be nonrepetitive of any if justifiable conditions exist: Provided further, previous survey on the same claim. That the relief available under sections 28b to Page 11 TITLE 30—MINERAL LANDS AND MINING § 28f

28e of this title is in addition to any relief avail- The location fee imposed under section 28g of able under any other Act of Congress with re- this title shall be payable not later than 90 days spect to mining claims. after the date of location. (June 21, 1949, ch. 232, § 2, 63 Stat. 215.) (c) Oil shale claims subject to claim maintenance fees under Energy Policy Act of 1992 § 28d. Performance of deferred work This section shall not apply to any oil shale All deferred assessment work shall be per- claims for which a fee is required to be paid formed not later than the end of the assessment under section 2511(e)(2) of the Energy Policy Act year next subsequent to the removal or ces- of 1992 (Public Law 102–486; 106 Stat. 3111; 30 sation of the causes for deferment or the expira- U.S.C. 242). tion of any deferments granted under sections (d) Waiver 28b to 28e of this title and shall be in addition to (1) The claim maintenance fee required under the annual assessment work required by law in this section may be waived for a claimant who such year. certifies in writing to the Secretary that on the (June 21, 1949, ch. 232, § 3, 63 Stat. 215.) date the payment was due, the claimant and all related parties— § 28e. Recordation of deferment (A) held not more than 10 mining claims, Claimant shall file or record or cause to be mill sites, or tunnel sites, or any combination filed or recorded in the office where the notice thereof, on public lands; and or certificate of location of such claim or group (B) have performed assessment work re- of claims is filed or recorded, a notice to the quired under the Mining Law of 1872 (30 U.S.C. public of claimant’s petition to the Secretary of 28–28e) 1 to maintain the mining claims held by the Interior for deferment under sections 28b to the claimant and such related parties for the 28e of this title, and of the order or decision dis- assessment year ending on noon of September posing of such petition. 1 of the calendar year in which payment of the claim maintenance fee was due. (June 21, 1949, ch. 232, § 4, 63 Stat. 215.) (2) For purposes of paragraph (1), with respect § 28f. Fee to any claimant, the term ‘‘related party’’ (a) Claim maintenance fee means— (A) the spouse and dependent children (as de- (1) Lode mining claims, mill sites, and tunnel fined in section 152 of title 26), of the claim- sites ant; and The holder of each unpatented lode mining (B) a person who controls, is controlled by, claim, mill site, or tunnel site, located pursu- or is under common control with the claim- ant to the mining laws of the United States ant. before, on, or after August 10, 1993, shall pay For purposes of this section, the term control to the Secretary of the Interior, on or before includes actual control, legal control, and the September 1 of each year, to the extent pro- power to exercise control, through or by com- vided in advance in appropriations Acts, a mon directors, officers, stockholders, a voting claim maintenance fee of $100 per claim or trust, or a holding company or investment com- site, respectively. Such claim maintenance fee pany, or any other means. shall be in lieu of the assessment work re- (3) If a small miner waiver application is de- quirement contained in the Mining Law of 1872 termined to be defective for any reason, the (30 U.S.C. 28–28e) 1 and the related filing re- claimant shall have a period of 60 days after re- quirements contained in section 1744(a) and (c) ceipt of written notification of the defect or de- of title 43. fects by the Bureau of Land Management to: (A) (2) Placer mining claims cure such defect or defects, or (B) pay the $100 The holder of each unpatented placer mining claim maintenance fee due for such period. claim located pursuant to the mining laws of (Pub. L. 103–66, title X, § 10101, Aug. 10, 1993, 107 the United States before, on, or after August Stat. 405; Pub. L. 105–240, § 116, Sept. 25, 1998, 112 10, 1993, shall pay to the Secretary of the Inte- Stat. 1570; Pub. L. 105–277, div. A, § 101(e) [title I], rior, on or before September 1 of each year, Oct. 21, 1998, 112 Stat. 2681–231, 2681–235; Pub. L. the claim maintenance fee described in sub- 107–63, title I, (1), Nov. 5, 2001, 115 Stat. 418; Pub. section (a)(1), for each 20 acres of the placer L. 108–108, title I, (1), Nov. 10, 2003, 117 Stat. 1245; claim or portion thereof. Such claim mainte- Pub. L. 110–161, div. F, title I, (2), Dec. 26, 2007, nance fee shall be in lieu of the assessment 121 Stat. 2101; Pub. L. 111–8, div. E, title I, Mar. work requirement contained in the Mining 11, 2009, 123 Stat. 704; Pub. L. 111–88, div. A, title 1 Law of 1872 (30 U.S.C. 28 to 28e) and the relat- I, Oct. 30, 2009, 123 Stat. 2907; Pub. L. 112–74, div. ed filing requirements contained in section E, title IV, § 430, Dec. 23, 2011, 125 Stat. 1047; Pub. 1744(a) and (c) of title 43. L. 113–6, div. F, title IV, § 1403, Mar. 26, 2013, 127 (b) Time of payment Stat. 419.) 2 The claim main tenance fee under subsection REFERENCES IN TEXT (a) shall be paid for the year in which the loca- tion is made, at the time the location notice is 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, recorded with the Bureau of Land Management. 1872, ch. 152, 17 Stat. 91. That act was incorporated into the Revised Statutes as R.S. §§ 2319 to 2328, 2331, 2333 to 1 See References in Text note below. 2337, and 2344, which are classified to sections 22 to 24, 2 So in original. Probably should be ‘‘maintenance’’. 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this title. § 28g TITLE 30—MINERAL LANDS AND MINING Page 12

For complete classification of R.S. §§ 2319 to 2328, 2331, time the location notice is recorded with the Bureau of 2333 to 2337, and 2344 to the Code, see Tables. Land Management.’’ 2009—Subsec. (a). Pub. L. 111–88 substituted ‘‘, to the CODIFICATION extent provided in advance in Appropriations Acts,’’ for Pub. L. 111–88, which directed the amendment of sec- ‘‘for years 2004 through 2008,’’. See Codification note tion 28f of title 30, United States Code, was executed by above. making the amendment to section 10101 of Pub. L. Pub. L. 111–8, which directed the removal of the modi- 103–66, which is classified to this section, to reflect the fications made by Pub. L. 110–161, was executed by in- probable intent of Congress. See 2009 Amendment note serting ‘‘for years 2004 through 2008’’ after ‘‘before Sep- below. tember 1 of each year’’. See 2007 Amendment note Pub. L. 110–161, which directed the amendment of sec- below. tion 28 of title 30, United States Code, ‘‘in section 2007—Subsec. (a). Pub. L. 110–161 struck out ‘‘for 28f(a),’’ was executed by making the amendment to sec- years 2004 through 2008’’ after ‘‘before September 1 of tion 10101 of Pub. L. 103–66, which is classified to this each year’’. See Codification note above. section, to reflect the probable intent of Congress. See 2003—Subsec. (a). Pub. L. 108–108 substituted ‘‘for 2007 Amendment note below. years 2004 through 2008’’ for ‘‘for years 2002 through Pub. L. 108–108, which directed the amendment of sec- 2003’’. See Codification note above. tion 28 of title 30, United States Code, ‘‘in section 2001—Subsec. (a). Pub. L. 107–63 substituted ‘‘The 28f(a),’’ was executed by making the amendment to sec- holder of each unpatented mining claim, mill, or tunnel tion 10101 of Pub. L. 103–66, which is classified to this site, located pursuant to the mining laws of the United section, to reflect the probable intent of Congress. See States, whether located before, on or after August 10, 2003 Amendment note below. 1993, shall pay to the Secretary of the Interior, on or Pub. L. 107–63, which directed the amendment of sec- before September 1 of each year for years 2002 through tion 28f of title 30, United States Code, was executed by 2003, a claim maintenance fee of $100 per claim or site’’ making the amendment to section 10101 of Pub. L. for ‘‘The holder of each unpatented mining claim, mill, 103–66, which is classified to this section, to reflect the or tunnel site, located pursuant to the mining laws of probable intent of Congress. See 2001 Amendment note the United States, whether located before or after Au- below. gust 10, 1993, shall pay to the Secretary of the Interior, Pub. L. 105–277, which directed the amendment of sec- on or before September 1 of each year for years 1999 tion 28f of title 30, United States Code, was executed by through 2001, a claim maintenance fee of $100 per claim making the amendment to section 10101 of Pub. L. or site.’’ See Codification note above. 103–66, which is classified to this section, to reflect the 1998—Subsec. (a). Pub. L. 105–277 added first sentence probable intent of Congress. See 1998 Amendment notes and struck out former first sentence which read as fol- below. lows: ‘‘The holder of each unpatented mining claim, Pub. L. 105–240, which directed the amendment of sec- mill, or tunnel site located pursuant to the mining laws tion 28f of title 30, United States Code, was executed by of the United States before October 1, 1998 shall pay the making the amendment to section 10101 of Pub. L. Secretary of the Interior, on or before September 1, 1999 103–66, which is classified to this section, to reflect the a claim maintenance fee of $100 per claim site.’’ See probable intent of Congress. See 1998 Amendment note Codification note above. below. Pub. L. 105–240 substituted ‘‘The holder of each un- patented mining claim, mill, or tunnel site located pur- AMENDMENTS suant to the mining laws of the United States before 2013—Subsec. (a)(1). Pub. L. 113–6, § 1403(1), substituted October 1, 1998 shall pay the Secretary of the Interior, ‘‘before, on, or after August 10, 1993’’ for ‘‘on or after on or before September 1, 1999 a claim maintenance fee August 10, 1993’’. of $100 per claim site.’’ for ‘‘The holder of each un- Subsec. (a)(2). Pub. L. 113–6, § 1403(2), struck out ‘‘lo- patented mining claim, mill or tunnel site located pur- cated’’ after ‘‘United States’’, substituted ‘‘subsection suant to the Mining Laws of the United States, whether (a)(1)’’ for ‘‘subsection (a)’’, and inserted at end ‘‘Such located before or after August 10, 1993, shall pay to the claim maintenance fee shall be in lieu of the assess- Secretary of the Interior, on or before August 31 of ment work requirement contained in the Mining Law of each year, for years 1994 through 1998, a claim mainte- 1872 (30 U.S.C. 28 to 28e) and the related filing require- nance fee of $100 per claim.’’ See Codification note ments contained in section 1744(a) and (c) of title 43.’’ above. 2011—Subsec. (a)(1). Pub. L. 112–74, § 430(1)(A), des- Subsec. (d)(3). Pub. L. 105–277 added par. (3). See Codi- ignated existing provisions as par. (1) and substituted fication note above. ‘‘The holder of each unpatented lode mining claim, mill SIMILAR PROVISIONS site, or tunnel site, located pursuant to the mining laws of the United States on or after August 10, 1993, Similar provisions were contained in Pub. L. 102–381, shall pay to the Secretary of the Interior, on or before title I, Oct. 5, 1992, 106 Stat. 1378, 1379. September 1 of each year, to the extent provided in ad- vance in appropriations Acts, a claim maintenance fee § 28g. Location fee of $100 per claim or site, respectively.’’ for ‘‘The holder of each unpatented mining claim, mill, or tunnel site, Notwithstanding any other provision of law, located pursuant to the mining laws of the United for every unpatented mining claim, mill or tun- States, whether located before, on or after August 10, nel site located after August 10, 1993, to the ex- 1993, shall pay to the Secretary of the Interior, on or tent provided in advance in Appropriations Acts, before September 1 of each year, to the extent provided pursuant to the Mining Laws of the United in advance in Appropriations Acts, a claim mainte- States, the locator shall, at the time the loca- nance fee of $100 per claim or site’’. tion notice is recorded with the Bureau of Land Subsec. (a)(2). Pub. L. 112–74, § 430(1)(B), added par. (2). Management, pay to the Secretary of the Inte- Subsec. (b). Pub. L. 112–74, § 430(2), substituted ‘‘The claim main tenance fee under subsection (a) shall be rior a location fee, in addition to the claim paid for the year in which the location is made, at the maintenance fee required by section 28f of this time the location notice is recorded with the Bureau of title, of $25.00 per claim. Land Management.’’ for ‘‘The claim maintenance fee (Pub. L. 103–66, title X, § 10102, Aug. 10, 1993, 107 payable pursuant to subsection (a) of this section for any assessment year shall be paid before the com- Stat. 406; Pub. L. 105–277, div. A, § 101(e) [title I], mencement of the assessment year, except that for the Oct. 21, 1998, 112 Stat. 2681–231, 2681–235; Pub. L. initial assessment year in which the location is made, 107–63, title I, (2), Nov. 5, 2001, 115 Stat. 419; Pub. the locator shall pay the claim maintenance fee at the L. 108–108, title I, (2), Nov. 10, 2003, 117 Stat. 1245; Page 13 TITLE 30—MINERAL LANDS AND MINING § 28j

Pub. L. 110–161, div. F, title I, (3), Dec. 26, 2007, and 2344, which are classified to sections 22 to 24, 26 to 121 Stat. 2101; Pub. L. 111–8, div. E, title I, Mar. 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this title. For 11, 2009, 123 Stat. 704; Pub. L. 111–88, div. A, title complete classification of R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344 to the Code, see Tables. I, Oct. 30, 2009, 123 Stat. 2907.) This Act, referred to in text, is Pub. L. 103–66, Aug. CODIFICATION 10, 1993, 107 Stat. 312, known as the Omnibus Budget Reconciliation Act of 1993. The annual claim mainte- Pub. L. 111–88, which directed the amendment of sec- nance fee required under this Act probably refers to the tion 28g of title 30, United States Code, was executed by fee required under section 28f of this title. For com- making the amendment to section 10102 of Pub. L. plete classification of this Act to the Code, see Tables. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 2009 Amendment note SIMILAR PROVISIONS below. Similar provisions were contained in Pub. L. 102–381, Pub. L. 110–161, which directed the amendment of sec- title I, Oct. 5, 1992, 106 Stat. 1378, 1379. tion 28 of title 30, United States Code, ‘‘in section 28g’’, was executed by making the amendment to section § 28i. Failure to pay 10102 of Pub. L. 103–66, which is classified to this sec- tion, to reflect the probable intent of Congress. See 2007 Failure to pay the claim maintenance fee or Amendment note below. the location fee as required by sections 28f to 28l Pub. L. 108–108, which directed the amendment of sec- of this title shall conclusively constitute a for- tion 28 of title 30, United States Code, ‘‘in section 28g’’, feiture of the unpatented mining claim, mill or was executed by making the amendment to section tunnel site by the claimant and the claim shall 10102 of Pub. L. 103–66, which is classified to this sec- be deemed null and void by operation of law. tion, to reflect the probable intent of Congress. See 2003 Amendment note below. (Pub. L. 103–66, title X, § 10104, Aug. 10, 1993, 107 Pub. L. 107–63, which directed the amendment of sec- Stat. 406; Pub. L. 111–88, div. A, title I, Oct. 30, tion 28f(a) of title 30, United States Code, in section 2009, 123 Stat. 2908.) 28g, was executed by making the amendment to section CODIFICATION 10102 of Pub. L. 103–66, which is classified to this sec- tion, to reflect the probable intent of Congress. See 2001 Pub. L. 111–88, which directed the amendment of sec- Amendment note below. tion 28i of title 30, United States Code, was executed by Pub. L. 105–277, which directed the amendment of sec- making the amendment to section 10104 of Pub. L. tion 28g of title 30, United States Code, was executed by 103–66, which is classified to this section, to reflect the making the amendment to section 10102 of Pub. L. probable intent of Congress. See 2009 Amendment note 103–66, which is classified to this section, to reflect the below. probable intent of Congress. See 1998 Amendment note SIMILAR PROVISIONS below. Similar provisions were contained in Pub. L. 102–381, AMENDMENTS title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

2009—Pub. L. 111–88 substituted ‘‘, to the extent pro- AMENDMENTS vided in advance in Appropriations Acts,’’ for ‘‘and be- 2009—Pub. L. 111–88 substituted ‘‘28l’’ for ‘‘28k’’. See fore September 30, 2008,’’. See Codification note above. Codification note above. Pub. L. 111–8, which directed the removal of the modi- fications made by Pub. L. 110–161, was executed by in- § 28j. Other requirements serting ‘‘and before September 30, 2008,’’ before ‘‘pursu- ant to’’. See 2007 Amendment note below. (a) Federal Land Policy and Management Act re- 2007—Pub. L. 110–161 struck out ‘‘and before Septem- quirements ber 30, 2008,’’ before ‘‘pursuant to’’. See Codification Nothing in sections 28f to 28k of this title shall note above. change or modify the requirements of section 2003—Pub. L. 108–108 substituted ‘‘2008’’ for ‘‘2003’’. See Codification note above. 314(b) of the Federal Land Policy and Manage- 2001—Pub. L. 107–63 substituted ‘‘2003’’ for ‘‘2001’’. See ment Act of 1976 (43 U.S.C. 1744(b)), or the re- Codification note above. quirements of section 314(c) of the Federal Land 1998—Pub. L. 105–277 substituted ‘‘2001’’ for ‘‘1998’’. Policy and Management Act of 1976 (43 U.S.C. See Codification note above. 1744(c)) related to filings required by section

SIMILAR PROVISIONS 314(b), and such requirements shall remain in ef- fect with respect to claims, and mill or tunnel Similar provisions were contained in Pub. L. 102–381, sites for which fees are required to be paid under title I, Oct. 5, 1992, 106 Stat. 1378, 1379. this section. § 28h. Co-ownership (b) Omitted The co-ownership provisions of the Mining (c) Fee adjustments Law of 1872 (30 U.S.C. 28) 1 shall remain in effect, (1) The Secretary of the Interior shall adjust except that in applying such provisions, the an- the fees required by sections 28f to 28k of this nual claim maintenance fee required under this title to reflect changes in the Consumer Price Act shall, where applicable, replace applicable Index published by the Bureau of Labor Statis- assessment requirements and expenditures. tics of the Department of Labor every 5 years (Pub. L. 103–66, title X, § 10103, Aug. 10, 1993, 107 after August 10, 1993, or more frequently if the Stat. 406.) Secretary determines an adjustment to be rea- sonable. REFERENCES IN TEXT (2) The Secretary shall provide claimants no- The Mining Law of 1872 (30 U.S.C. 28), referred to in tice of any adjustment made under this sub- text, probably means act May 10, 1872, ch. 152, 17 Stat. section not later than July 1 of any year in 91, as amended. That act was incorporated into the Re- which the adjustment is made. vised Statutes as R.S. §§ 2319 to 2328, 2331, 2333 to 2337, (3) A fee adjustment under this subsection shall begin to apply the first assessment year 1 See References in Text note below. which begins after adjustment is made. § 28k TITLE 30—MINERAL LANDS AND MINING Page 14

(Pub. L. 103–66, title X, § 10105, Aug. 10, 1993, 107 on the ground, and shall post a copy of such Stat. 406.) plat, together with a notice of such application for a patent, in a conspicuous place on the land CODIFICATION embraced in such plat previous to the filing of Section is comprised of section 10105 of Pub. L. 103–66. the application for a patent, and shall file an af- Subsec. (b) of section 10105 of Pub. L. 103–66 amended fidavit of at least two persons that such notice section 28 of this title. has been duly posted, and shall file a copy of the SIMILAR PROVISIONS notice in such land office, and shall thereupon be entitled to a patent for the land, in the man- Similar provisions were contained in Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1378, 1379. ner following: The register of the land office, upon the filing of such application, plat, field § 28k. Regulations notes, notices, and affidavits, shall publish a no- tice that such application has been made, for The Secretary of the Interior shall promulgate the period of sixty days, in a newspaper to be by rules and regulations to carry out the terms and him designated as published nearest to such conditions of sections 28f to 28k of this title as claim; and he shall also post such notice in his soon as practicable after August 10, 1993. office for the same period. The claimant at the (Pub. L. 103–66, title X, § 10106, Aug. 10, 1993, 107 time of filing this application, or at any time Stat. 407.) thereafter, within the sixty days of publication, shall file with the register a certificate of the SIMILAR PROVISIONS Director of the Bureau of Land Management Similar provisions were contained in Pub. L. 102–381, that $500 worth of labor has been expended or title I, Oct. 5, 1992, 106 Stat. 1378, 1379. improvements made upon the claim by himself or grantors; that the plat is correct, with such l § 28 . Collection of mining law administration further description by such reference to natural fees objects or permanent monuments as shall iden- In fiscal year 2009 and each fiscal year there- tify the claim, and furnish an accurate descrip- after, the Bureau of Land Management shall col- tion, to be incorporated in the patent. At the ex- lect from mining claim holders the mining piration of the sixty days of publication the claim maintenance fees and location fees; such claimant shall file his affidavit, showing that fees shall be collected in the same manner as au- the plat and notice have been posted in a con- thorized by sections 28f and 28g of this title only spicuous place on the claim during such period to the extent provided in advance in appropria- of publication. If no adverse claim shall have tions Acts. been filed with the register of the proper land of- fice at the expiration of the sixty days of publi- (Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 cation, it shall be assumed that the applicant is Stat. 704; Pub. L. 111–88, div. A, title I, Oct. 30, entitled to a patent, upon the payment to the 2009, 123 Stat. 2907.) proper officer of $5 per acre, and that no adverse AMENDMENTS claim exists; and thereafter no objection from third parties to the issuance of a patent shall be 2009—Pub. L. 111–88 substituted ‘‘from mining claim heard, except it be shown that the applicant has holders the mining claim maintenance fees and loca- tion’’ for ‘‘mining law administration’’ and struck out failed to comply with the terms of sections 21, 22 ‘‘those’’ before ‘‘authorized’’. 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 § 29. Patents; procurement procedure; filing: ap- claimant for a patent is not a resident of or plication under oath, plat and field notes, no- within the land district wherein the vein, lode, tices, and affidavits; posting plat and notice ledge, or deposit sought to be patented is lo- on claim; publication and posting notice in cated, the application for patent and the affida- office; certificate; adverse claims; payment vits required to be made in this section by the per acre; objections; nonresident claimant’s claimant for such patent may be made by his, agent for execution of application and affida- her, or its authorized agent, where said agent is vits conversant with the facts sought to be estab- lished by said affidavits. A patent for any land claimed and located for valuable deposits may be obtained in the follow- (R.S. § 2325; Jan. 22, 1880, ch. 9, § 1, 21 Stat. 61; ing manner: Any person, association, or corpora- Mar. 3, 1925, ch. 462, 43 Stat. 1144, 1145; 1946 tion authorized to locate a claim under sections Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 7876, 60 Stat. 1100.) to 76 of this title and section 661 of title 43, hav- REFERENCES IN TEXT ing claimed and located a piece of land for such Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, purposes, who has, or have, complied with the 71 to 76 of this title and section 661 of title 43, referred terms of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to in text, were in the original ‘‘this chapter’’, meaning to 48, 50 to 52, 71 to 76 of this title, and section chapter 6 of title 32 of the Revised Statutes, consisting 661 of title 43, may file in the proper land office of R.S. §§ 2318 to 2352. an application for a patent, under oath, showing CODIFICATION such compliance, together with a plat and field notes of the claim or claims in common, made R.S. § 2325 derived from act May 10, 1872, ch. 152, § 6, 17 Stat. 92. by or under the direction of the Director of the Bureau of Land Management, showing accu- AMENDMENTS rately the boundaries of the claim or claims, 1925—Act Mar. 3, 1925, affected words, in first sen- which shall be distinctly marked by monuments tence of text, now reading ‘‘United States supervisor of Page 15 TITLE 30—MINERAL LANDS AND MINING § 30 surveys,’’ and words, in next to last sentence of text, has been expended or improvements made there- now reading ‘‘register of the proper land office.’’ Those on, and the description required in other cases, words formerly read ‘‘United States surveyor general’’ and shall pay to the register $5 per acre for his and ‘‘register and receiver of the proper land office,’’ claim, together with the proper fees, whereupon respectively. This act abolished the office of surveyor general, and transferred to and consolidated with the the whole proceedings and the judgment roll Field Surveying Service, under the jurisdiction of the shall be certified by the register to the Director U.S. Supervisor of Surveys, the administration, equip- of the Bureau of Land Management, and a pat- ment, etc., of such office, and consolidated the offices ent shall issue thereon for the claim, or such and functions of the register and receiver. portion thereof as the applicant shall appear, TRANSFER OF FUNCTIONS from the decision of the court, to rightly pos- sess. If it appears from the decision of the court Director of the Bureau of Land Management sub- that several parties are entitled to separate and stituted for United States Supervisor of Surveys wher- ever appearing. In the establishment of The Bureau of different portions of the claim, each party may Land Management by Reorg. Plan No. 3 of 1946, § 403, pay for his portion of the claim, with the proper eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in fees, and file the certificate and description by the Appendix to Title 5, Government Organization and the Director of the Bureau of Land Management Employees, the office of Supervisor of Surveys was whereupon the register shall certify the proceed- abolished and the functions and powers were trans- ings and judgment roll to the Director of the ferred to the Secretary of the Interior, to be performed Bureau of Land Management, as in the preced- by such officers or agencies of the Department as might ing case, and patents shall issue to the several be designated by the Secretary. Under that authority, the functions and powers formerly exercised by the Su- parties according to their respective rights. pervisor of Surveys were delegated to the Chief Nothing herein contained shall be construed to Cadastral Engineer, subject to the supervision of the prevent the alienation of the title conveyed by Director of the Bureau of Land Management. In the a patent for a mining claim to any person what- general reorganization and realignment of functions of ever. the Bureau, the office of the Chief Cadastral Engineer was abolished, and the functions of that office have (R.S. § 2326; Mar. 3, 1925, ch. 462, 43 Stat. 1144, been delegated to the Director of the Bureau of Land 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, Management. See 43 C.F.R. § 9180.0–3(a)(1). 1946, 11 F.R. 7876, 60 Stat. 1100.) Office of register of district land office abolished and all functions of register transferred to Secretary of the CODIFICATION Interior, or to officers and agencies of Department of R.S. § 2326 derived from act May 10, 1872, ch. 152, § 7, the Interior as Secretary may designate, by Reorg. 17 Stat. 93. Plan No. 3 of 1946, § 403, set out in the Appendix to Title 5. AMENDMENTS See also Transfer of Functions note set out under sec- 1925—Act Mar. 3, 1925, affected words, in third and tion 1 of this title. fourth sentences of text, now reading ‘‘United States § 30. Adverse claims; oath of claimants; req- supervisor of surveys’’, and words, in third sentence of text, now reading ‘‘pay to the register $5 per acre.’’ uisites; waiver; stay of land office proceed- Such words formerly read ‘‘surveyor-general’’, and ings; judicial determination of right of pos- ‘‘pay to the receiver five dollars per acre’’, respec- session; successful claimants’ filing of judg- tively. Such act is treated more fully in notes under ment roll, certificate of labor, and descrip- section 29 of this title. tion of claim in land office, and acreage and TRANSFER OF FUNCTIONS fee payments; issuance of patents for entire or partial claims upon certification of land Director of the Bureau of Land Management sub- office proceedings and judgment roll; alien- stituted for United States Supervisor of Surveys fol- ation of patent title lowing the words ‘‘certificate of the’’ in sentence begin- ning ‘‘After such judgment’’ and following the words Where an adverse claim is filed during the pe- ‘‘description by the’’ in sentence beginning ‘‘If it ap- riod of publication, it shall be upon oath of the pears’’. In the establishment of the Bureau of Land person or persons making the same, and shall Management by Reorg. Plan No. 3 of 1946, § 403, eff. July show the nature, boundaries, and extent of such 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appen- dix to Title 5, Government Organization and Employ- adverse claim, and all proceedings, except the ees, the office of Supervisor of Surveys was abolished publication of notice and making and filing of and the functions and powers were transferred to the the affidavit thereof, shall be stayed until the Secretary of the Interior, to be performed by such offi- controversy shall have been settled or decided cers or agencies of the Department as might be des- by a court of competent jurisdiction, or the ad- ignated by the Secretary. Under that authority, the verse claim waived. It shall be the duty of the functions and powers formerly exercised by the Super- adverse claimant, within thirty days after filing visor of Surveys were delegated to the Chief Cadastral his claim, to commence proceedings in a court Engineer, subject to the supervision of the Director of the Bureau of Land Management. In the general reorga- of competent jurisdiction, to determine the nization and realignment of functions of the Bureau, question of the right of possession, and pros- the office of the Chief Cadastral Engineer was abol- ecute the same with reasonable diligence to ished, and the functions of that office have been dele- final judgment; and a failure so to do shall be a gated to the Director of the Bureau of Land Manage- waiver of his adverse claim. After such judg- ment. See 43 C.F.R. § 9180.0–3(a)(1). ment shall have been rendered, the party enti- ‘‘Director of the Bureau of Land Management’’ was tled to the possession of the claim, or any por- substituted for ‘‘Commissioner of the General Land Of- tion thereof, may, without giving further notice, fice’’ following the words ‘‘register to the’’ in sentence beginning ‘‘After such judgment’’ and in sentence be- file a certified copy of the judgment roll with ginning ‘‘If it appears’’ following the words ‘‘judgment the register of the land office, together with the roll to the’’ on authority of Reorg. Plan No. 3 of 1946, certificate of the Director of the Bureau of Land set § 403, set out in the Appendix to Title 5. Section 403 Management that the requisite amount of labor of Reorg. Plan No. 3 of 1946, abolished the office of the § 31 TITLE 30—MINERAL LANDS AND MINING Page 16

Commissioner of the General Land Office and consoli- where patents have been or shall be issued for dated the functions of the General Land Office with the claims upon unsurveyed lands, the Director of Grazing Service to form the Bureau of Land Manage- the Bureau of Land Management in extending ment. Office of register of district land office abolished and the public survey, shall adjust the same to the all functions of register transferred to Secretary of the boundaries of said patented claims so as in no Interior, or to officers and agencies of Department of case to interfere with or change the true loca- the Interior as Secretary may designate, by Reorg. tion of such claims as they are officially estab- Plan No. 3 of 1946, § 403, set out in the Appendix to Title lished upon the ground. Where patents have is- 5. sued for mineral lands, those lands only shall be § 31. Oath: agent or attorney in fact, beyond dis- segregated and shall be deemed to be patented trict of claim which are bounded by the lines actually marked, defined, and established upon the ground by the The adverse claim required by section 30 of this title may be verified by the oath of any monuments of the official survey upon which duly authorized agent or attorney in fact of the the patent grant is based, and the Director of adverse claimant cognizant of the facts stated; the Bureau of Land Management in executing and the adverse claimant, if residing or at the subsequent patent surveys, whether upon sur- time being beyond the limits of the district veyed or unsurveyed lands, shall be governed ac- wherein the claim is situated, may make oath to cordingly. The said monuments shall at all the adverse claim before the clerk of any court times constitute the highest authority as to of record of the United States or of the State or what land is patented, and in case of any con- Territory where the adverse claimant may then flict between the said monuments of such pat- be, or before any notary public of such State or ented claims and the descriptions of said claims Territory. in the patents issued therefor the monuments on (Apr. 26, 1882, ch. 106, § 1, 22 Stat. 49.) the ground shall govern, and erroneous or incon- sistent descriptions or calls in the patent de- § 32. Findings by jury; costs scriptions shall give way thereto.

If, in any action brought pursuant to section (R.S. § 2327; Apr. 28, 1904, ch. 1796, 33 Stat. 545; 30 of this title, title to the ground in con- Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. troversy shall not be established by either Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 party, the jury shall so find, and judgment shall Stat. 1100.) 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 CODIFICATION or be entitled to a patent for the ground in con- R.S. § 2327 derived from act May 10, 1872, ch. 152, § 8, troversy until he shall have perfected his title. 17 Stat. 94. (Mar. 3, 1881, ch. 140, 21 Stat. 505.) § 33. Existing rights AMENDMENTS All patents for mining claims upon veins or 1925—Act Mar. 3, 1925, affected words now reading lodes issued prior to May 10, 1872, shall convey ‘‘United States supervisor of surveys’’ in first and sec- all the rights and privileges conferred by sec- ond sentences of text. These words formerly read ‘‘the surveyor-general.’’ This act abolished the office of sur- tions 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to veyor general, and transferred to and consolidated with 52, 71 to 76 of this title and section 661 of title the Field Surveying Service, under the jurisdiction of 43 where no adverse rights existed on the 10th the U.S. Supervisor of Surveys, the administration, day of May, 1872. equipment, etc., of such office. (R.S. § 2328.) TRANSFER OF FUNCTIONS REFERENCES IN TEXT Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, Director of the Bureau of Land Management, sub- 71 to 76 of this title and section 661 of title 43, referred stituted for United States Supervisor of Surveys wher- to in text, were in the original ‘‘this chapter’’, meaning ever appearing. In the establishment of the Bureau of chapter 6 of title 32 of the Revised Statutes, consisting Land Management by Reorg. Plan No. 3 of 1946, § 403, of R.S. §§ 2318 to 2352. eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in CODIFICATION the Appendix to Title 5, Government Organization and Employees, the office of Supervisor of Surveys was R.S. § 2328 derived from act May 10, 1872, ch. 152, § 9, abolished and the functions and powers were trans- 17 Stat. 94. ferred to the Secretary of the Interior, to be performed Provision of this section respecting prosecution of ap- by such officers or agencies of the Department as might plications for patents for mining claims in General be designated by the Secretary. Under that authority, Land Office, pending May 10, 1872, was omitted from the the functions and powers formerly exercised by the Su- Code. pervisor of Surveys were delegated to the Chief Cadas- § 34. Description of vein claims on surveyed and tral Engineer, subject to the supervision of the Direc- unsurveyed lands; monuments on ground to tor of the Bureau of Land Management. In the general govern conflicting calls reorganization and realignment of functions of the Bu- reau, the office of the Chief Cadastral Engineer was The description of vein or lode claims upon abolished, and the functions of that office have been surveyed lands shall designate the location of delegated to the Director of the Bureau of Land Man- the claims with reference to the lines of the pub- agement. See 43 C.F.R. § 9180.0–3(a)(1). lic survey, but need not conform therewith; but See also note set out under section 1 of this title. Page 17 TITLE 30—MINERAL LANDS AND MINING § 38

§ 35. Placer claims; entry and proceedings for SUBMERGED LANDS ACT patent under provisions applicable to vein or Provisions of this section as not amended, modified lode claims; conforming entry to legal sub- or repealed by the Submerged Lands Act, see section divisions and surveys; limitation of claims; 1303 of Title 43, Public Lands. homestead entry of segregated agricultural § 37. Proceedings for patent where boundaries land contain vein or lode; application; statement Claims usually called ‘‘placers,’’ including all including vein or lode; issuance of patent: forms of deposit, excepting veins of quartz, or acreage payments for vein or lode and placer other rock in place, shall be subject to entry and claim; costs of proceedings; knowledge af- patent, under like circumstances and condi- fecting construction of application and scope tions, and upon similar proceedings, as are pro- of patent vided for vein or lode claims; but where the Where the same person, association, or cor- lands have been previously surveyed by the poration is in possession of a placer claim, and United States, the entry in its exterior limits also a vein or lode included within the bound- shall conform to the legal subdivisions of the aries thereof, application shall be made for a public lands. And where placer claims are upon patent for the placer claim, with the statement surveyed lands, and conform to legal subdivi- that it includes such vein or lode, and in such sions, no further survey or plat shall be re- case a patent shall issue for the placer claim, quired, and all placer-mining claims located subject to the provisions of sections 21, 22 to 24, after the 10th day of May 1872, shall conform as 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this near as practicable with the United States sys- title and section 661 of title 43, including such tem of public-land surveys, and the rectangular vein or lode, upon the payment of $5 per acre for subdivisions of such surveys, and no such loca- such vein or lode claim, and twenty-five feet of tion shall include more than twenty acres for surface on each side thereof. The remainder of each individual claimant; but where placer the placer claim, or any placer claim not em- claims cannot be conformed to legal subdivi- bracing any vein or lode claim, shall be paid for sions, survey and plat shall be made as on un- at the rate of $2.50 per acre, together with all surveyed lands; and where by the segregation of costs of proceedings; and where a vein or lode, mineral land in any legal subdivision a quantity such as is described in section 23 of this title, is of agricultural land less than forty acres re- known to exist within the boundaries of a placer mains, such fractional portion of agricultural claim, an application for a patent for such plac- land may be entered by any party qualified by er claim which does not include an application law, for homestead purposes. for the vein or lode claim shall be construed as (R.S. §§ 2329, 2331; Mar. 3, 1891, ch. 561, § 4, 26 Stat. a conclusive declaration that the claimant of 1097.) the placer claim has no right of possession of the vein or lode claim; but where the existence CODIFICATION of a vein or lode in a placer claim is not known, R.S. § 2329 derived from act July 9, 1870, ch. 235, § 12, a patent for the placer claim shall convey all 16 Stat. 217. valuable mineral and other deposits within the R.S. § 2331 derived from act May 10, 1872, ch. 152, § 10, boundaries thereof. 17 Stat. 94. (R.S. § 2333.)

SUBMERGED LANDS ACT REFERENCES IN TEXT Provisions of this section as not amended, modified Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, or repealed by the Submerged Lands Act, see section 71 to 76 of this title and section 661 of title 43, referred 1303 of Title 43, Public Lands. to in text, were in the original ‘‘this chapter’’, meaning chapter 6 of title 32 of the Revised Statutes, consisting § 36. Subdivisions of 10-acre tracts; maximum of of R.S. §§ 2318 to 2352. placer locations; homestead claims of agri- cultural lands; sale of improvements CODIFICATION R.S. § 2333 derived from act May 10, 1872, ch. 152, § 11, Legal subdivisions of forty acres may be sub- 17 Stat. 94. divided into ten-acre tracts; and two or more persons, or associations of persons, having con- § 38. Evidence of possession and work to estab- tiguous claims of any size, although such claims lish right to patent may be less than ten acres each, may make joint Where such person or association, they and entry thereof; but no location of a placer claim, their grantors, have held and worked their made after the 9th day of July 1870, shall exceed claims for a period equal to the time prescribed one hundred and sixty acres for any one person by the statute of limitations for mining claims or association of persons, which location shall of the State or Territory where the same may be conform to the United States surveys; and noth- situated, evidence of such possession and work- ing in this section contained shall defeat or im- ing of the claims for such period shall be suffi- pair any bona fide homestead claim upon agri- cient to establish a right to a patent thereto cultural lands, or authorize the sale of the im- under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to provements of any bona fide settler to any pur- 48, 50 to 52, 71 to 76 of this title and section 661 chaser. of title 43, in the absence of any adverse claim; (R.S. § 2330; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097.) but nothing in such sections shall be deemed to impair any lien which may have attached in any CODIFICATION way whatever to any mining claim or property R.S. § 2330 derived from act July 9, 1870, ch. 235, § 12, thereto attached prior to the issuance of a pat- 16 Stat. 217. ent. § 39 TITLE 30—MINERAL LANDS AND MINING Page 18

(R.S. § 2332.) the receiver of the land-office.’’ Such act is treated more fully in note under section 29 of this title. REFERENCES IN TEXT TRANSFER OF FUNCTIONS 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 Director of the Bureau of Land Management sub- to in text, were in the original ‘‘this chapter’’, meaning stituted for United States Supervisor of Surveys in sen- chapter 6 of title 32 of the Revised Statutes, consisting tence beginning ‘‘The Director of the Bureau of Land of R.S. §§ 2318 to 2352. Management may appoint’’. In the establishment of the Bureau of Land Management by Reorg. Plan No. 3 of CODIFICATION 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, R.S. § 2332 derived from act July 9, 1870, ch. 235, § 13, set out in the Appendix to Title 5, Government Organi- 16 Stat. 217. zation and Employees, the office of Supervisor of Sur- veys was abolished and the functions and powers were SUBMERGED LANDS ACT transferred to the Secretary of the Interior, to be per- Provisions of this section as not amended, modified formed by such officers or agencies of the Department or repealed by the Submerged Lands Act, see section as might be designated by the Secretary. Under that 1303 of Title 43, Public Lands. authority, the functions and powers formerly exercised by the Supervisor of Surveys were delegated to the § 39. Surveyors of mining claims Chief Cadastral Engineer, subject to the supervision of the Director of the Bureau of Land Management. In the The Director of the Bureau of Land Manage- general reorganization and realignment of functions of ment may appoint in each land district contain- the Bureau, the office of the Chief Cadastral Engineer ing mineral lands as many competent surveyors was abolished, and the functions of that office have as shall apply for appointment to survey mining been delegated to the Director of the Bureau of Land claims. The expenses of the survey of vein or Management. See 43 C.F.R. § 9180.0–3(a)(1). In sentence beginning ‘‘The Director of the Bureau of lode claims, and the survey and subdivision of Land Management shall also have power’’, ‘‘Director of placer claims into smaller quantities than one the Bureau of Land Management’’ substituted for hundred and sixty acres, together with the cost ‘‘Commissioner of the General Land Office’’ in two in- of publication of notices, shall be paid by the ap- stances and ‘‘Director’’ for ‘‘Commissioner’’ on author- plicants, and they shall be at liberty to obtain ity of Reorg. Plan No. 3 of 1946, § 403, set out in the Ap- the same at the most reasonable rates, and they pendix to Title 5. Section 403 of Reorg. Plan No. 3 of shall also be at liberty to employ any United 1946, abolished the office of the Commissioner of the States deputy surveyor to make the survey. The General Land Office and consolidated the functions of the General Land Office with the Grazing Service to Director of the Bureau of Land Management form the Bureau of Land Management. shall also have power to establish the maximum Office of register of district land office abolished and charges for surveys and publication of notices all functions of register transferred to Secretary of the under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to Interior, or to officers and agencies of Department of 48, 50 to 52, 71 to 76 of this title and section 661 the Interior as Secretary may designate, by Reorg. of title 43; and, in case of excessive charges for Plan No. 3 of 1946, § 403, set out in the Appendix to Title publication, he may designate any newspaper 5. published in a land district where mines are sit- See also note set out under section 1 of this title. uated for the publication of mining notices in § 40. Verification of affidavits such district, and fix the rates to be charged by such paper; and, to the end that the Director All affidavits required to be made under sec- may be fully informed on the subject, each ap- tions 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to plicant shall file with the register a sworn state- 52, 71 to 76 of this title, and section 661 of title ment of all charges and fees paid by such appli- 43 may be verified before any officer authorized cant for publication and surveys, together with to administer oaths within the land district all fees and money paid the register of the land where the claims may be situated, and all testi- office, which statement shall be transmitted, mony and proofs may be taken before any such with the other papers in the case, to the Direc- officer, and, when duly certified by the officer tor of the Bureau of Land Management. taking the same, shall have the same force and effect as if taken before the register of the land (R.S. § 2334; Mar. 3, 1925, ch. 462, 43 Stat. 1144, office. In cases of contest as to the mineral or 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, agricultural character of land, the testimony 1946, 11 F.R. 7876, 60 Stat. 1100.) and proofs may be taken as herein provided on REFERENCES IN TEXT personal notice of at least ten days to the oppos- Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, ing party; or if such party cannot be found, then 71 to 76 of this title and section 661 of title 43, referred by publication of at least once a week for thirty to in text, were in the original ‘‘this chapter’’, meaning days in a newspaper, to be designated by the reg- chapter 6 of title 32 of the Revised Statutes, consisting ister of the land office as published nearest to of R.S. §§ 2318 to 2352. the location of such land; and the register shall require proof that such notice has been given. CODIFICATION R.S. § 2334 derived from act May 10, 1872, ch. 152, § 12, (R.S. § 2335; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 17 Stat. 95. 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) AMENDMENTS REFERENCES IN TEXT 1925—Act Mar. 3, 1925, affected words in first sentence of text, now reading ‘‘The United States supervisor of Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, surveys,’’ and words in third sentence of text, now read- 71 to 76 of this title and section 661 of title 43, referred ing ‘‘money paid the register of the Land Office.’’ Such to in text, were in the original ‘‘this chapter’’, meaning words formerly read ‘‘the surveyor-general of the chapter 6 of title 32 of the Revised Statutes, consisting United States,’’ and ‘‘and money paid the register and of R.S. §§ 2318 to 2352. Page 19 TITLE 30—MINERAL LANDS AND MINING § 46

CODIFICATION vey and notice as are applicable to placers. No R.S. § 2335 derived from act May 10, 1872, ch. 152, § 13, location made of such nonmineral land shall ex- 17 Stat. 95. ceed five acres and payment for the same shall be made at the rate applicable to placer claims AMENDMENTS which do not include a vein or lode. 1925—Act Mar. 3, 1925, affected words in first sentence (R.S. § 2337; Pub. L. 86–390, Mar. 18, 1960, 74 Stat. of text, now reading ‘‘before the register of the land of- fice.’’ Such words formerly read ‘‘before the register 7.) and receiver of the land-office.’’ Such act is treated REFERENCES IN TEXT more fully in note under section 29 of this title. Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, TRANSFER OF FUNCTIONS 71 to 76 of this title and section 661 of title 43, referred to in subsec. (a), were in the original ‘‘this chapter’’, Office of register of district land office abolished and meaning chapter 6 of title 32 of the Revised Statutes, all functions of register transferred to Secretary of the consisting of R.S. §§ 2318 to 2352. Interior, or to officers and agencies of Department of the Interior as Secretary may designate, by Reorg. CODIFICATION Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5, Govern- R.S. § 2337 derived from act May 10, 1872, ch. 152, § 15, ment Organization and Employees. 17 Stat. 96. See also note set out under section 1 of this title. AMENDMENTS § 41. Intersecting or crossing veins 1960—Pub. L. 86–390 designated existing provisions as subsec. (a) and added subsec. (b). Where two or more veins intersect or cross each other, priority of title shall govern, and § 43. Conditions of sale by local legislature such prior location shall be entitled to all ore or As a condition of sale, in the absence of nec- mineral contained within the space of intersec- essary legislation by Congress, the local legisla- tion; but the subsequent location shall have the ture of any State or Territory may provide rules right-of-way through the space of intersection for working mines, involving easements, drain- for the purposes of the convenient working of age, and other necessary means to their com- the mine. And where two or more veins unite, plete development; and those conditions shall be the oldest or prior location shall take the vein fully expressed in the patent. below the point of union, including all the space of intersection. (R.S. § 2338.) (R.S. § 2336.) CODIFICATION R.S. § 2338 derived from act July 26, 1866, ch. 262, § 5, CODIFICATION 14 Stat. 252. R.S. § 2336 derived from act May 10, 1872, ch. 152, § 14, 17 Stat. 96. SUBMERGED LANDS ACT Provisions of this section as not amended, modified § 42. Patents for nonmineral lands: application, or repealed by the Submerged Lands Act, see section survey, notice, acreage limitation, payment 1303 of Title 43, Public Lands. (a) Vein or lode and mill site owners eligible §§ 44, 45. Omitted

Where nonmineral land not contiguous to the CODIFICATION vein or lode is used or occupied by the propri- etor of such vein or lode for mining or milling Section 44, R.S. § 2341; act Mar. 3, 1891, ch. 561, § 4, 26 purposes, such nonadjacent surface ground may Stat. 1097, provided for extension of provisions of Homestead laws to citizens of United States who had be embraced and included in an application for prior to 1874 located on lands designated prior to 1866 as a patent for such vein or lode, and the same may mineral lands, and improved them for agricultural pur- be patented therewith, subject to the same pre- poses, provided no valuable mineral deposits had been liminary requirements as to survey and notice discovered thereon. as are applicable to veins or lodes; but no loca- Section 45, R.S. § 2342; act Mar. 3, 1891, ch. 561, § 4, 26 tion made on and after May 10, 1872, of such non- Stat. 1097, provided for setting apart the lands as agri- adjacent land shall exceed five acres, and pay- cultural. ment for the same must be made at the same § 46. Additional land districts and officers 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 sec- The President is authorized to establish addi- tion 661 of title 43 for the superficies of the lode. tional land districts, and to appoint the nec- The owner of a quartz mill or reduction works, essary officers under existing laws, wherever he not owning a mine in connection therewith, may may deem the same necessary for the public also receive a patent for his mill site, as pro- convenience in executing the provisions of sec- vided in this section. tions 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 (b) Placer claim owners eligible 43. Where nonmineral land is needed by the pro- prietor of a placer claim for mining, milling, (R.S. § 2343.) processing, beneficiation, or other operations in REFERENCES IN TEXT connection with such claim, and is used or occu- Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, pied by the proprietor for such purposes, such 71 to 76 of this title and section 661 of title 43, referred land may be included in an application for a pat- to in text, were in the original ‘‘this chapter’’, meaning ent for such claim, and may be patented there- chapter 6 of title 32 of the Revised Statutes, consisting with subject to the same requirements as to sur- of R.S. §§ 2318 to 2352. § 47 TITLE 30—MINERAL LANDS AND MINING Page 20

CODIFICATION CODIFICATION R.S. § 2343 derived from act July 26, 1866, ch. 262, § 7, R.S. § 2345 derived from act Feb. 18, 1873, ch. 159, 17 14 Stat. 252. Stat. 465.

DELEGATION OF FUNCTIONS AMENDMENTS For delegation to the Secretary of the Interior of au- 1920—The exception clause has been inserted at begin- thority vested in the President by this section, see Ex. ning of this section because of act Feb. 25, 1920, which Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a provided that deposits of coal, phosphate, sodium, oil, note under section 301 of Title 3, The President. oil shale, or gas, and lands containing such deposits owned by the United States, shall be subject to disposi- SUBMERGED LANDS ACT tion in the form and manner provided by this act. Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section § 49. Lands in Missouri and Kansas; disposal as 1303 of Title 43, Public Lands. agricultural lands Except as otherwise provided in chapter 3A of § 47. Impairment of rights or interests in certain this title, within the States of Missouri and mining property Kansas deposits of coal, iron, lead, or other min- Nothing contained in sections 21, 22 to 24, 26 to eral are excluded from the operation of sections 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and and section 661 of title 43 shall be construed to 47 of this title, and all lands in said States shall impair in any way, rights or interests in mining be subject to disposal as agricultural lands. property acquired under laws in force prior to (May 5, 1876, ch. 91, 19 Stat. 52; Feb. 25, 1920, ch. July 9, 1870; nor to affect the provisions of the 85, § 1, 41 Stat. 437.) act entitled ‘‘An act granting to A. Sutro the right-of-way and other privileges to aid in the REFERENCES IN TEXT construction of a draining and exploring tunnel Sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, to the Comstock lode, in the State of Nevada’’, and 47 of this title, referred to in text, were in the approved July 25, 1866. original ‘‘the act entitled ‘An act to promote the devel- opment of mining resources of the United States’ ap- (R.S. § 2344.) proved May tenth, eighteen hundred and seventy-two’’, REFERENCES IN TEXT meaning act May 10, 1872, ch. 152, 17 Stat. 91, popularly known as the Mining Act of 1872. That act was incor- Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, porated into the Revised Statutes as R.S. §§ 2319 to 2328, 71 to 76 of this title and section 661 of title 43, referred 2331, 2333 to 2337, and 2344, which are classified to sec- to in text, were in the original ‘‘this chapter’’, meaning tions 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and chapter 6 of title 32 of the Revised Statutes, consisting 47 of this title. For complete classification of R.S. of R.S. §§ 2318 to 2352. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344 to the Code, see Tables. CODIFICATION R.S. § 2344 derived from acts July 9, 1870, ch. 235, § 17, AMENDMENTS 16 Stat. 218; May 10, 1872, ch. 152, § 16, 17 Stat. 96. 1920—The exception clause has been inserted at begin- ning of this section because of act Feb. 25, 1920, which SUBMERGED LANDS ACT provided that deposits of coal, phosphate, sodium, oil, Provisions of this section as not amended, modified oil shale, or gas, and lands containing such deposits or repealed by the Submerged Lands Act, see section owned by the United States, shall be subject to disposi- 1303 of Title 43, Public Lands. tion in the form and manner provided by such act. § 48. Lands in Michigan, Wisconsin, and Min- § 49a. Mining laws of United States extended to nesota; sale and disposal as public lands Alaska; exploration and mining for precious metals; regulations; conflict of laws; permits; Except as otherwise provided in chapter 3A of dumping tailings; pumping from sea; reserva- this title, the provisions of sections 21, 22 to 24, tion of roadway; title to land below line of 26 to 28, 29, 30, 33 to 47, 51, and 52 of this title and high tide or high-water mark; transfer of section 661 of title 43 shall not apply to the min- title to future State eral lands situated in the States of Michigan, Wisconsin, and Minnesota, which are declared The laws of the United States relating to min- free and open to exploration and purchase, ac- ing claims, mineral locations, and rights inci- cording to legal subdivisions, in like manner as dent thereto are extended to the Territory of before the 10th day of May 1872. And any bona Alaska: Provided, That, subject only to the laws fide entries of such lands within the States enacted by Congress for the protection and pres- named since the 10th day of May 1872 may be ervation of the navigable waters of the United patented without reference to such sections of States, and to the laws for the protection of fish this title. Such lands shall be offered for public and game, and subject also to such general rules sale in the same manner, and at the same mini- and regulations as the Secretary of the Interior mum price, as other public lands. may prescribe for the preservation of order and the prevention of injury to the fish and game, (R.S. § 2345; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097; all land below the line of ordinary high tide on Feb. 25, 1920, ch. 85, § 1, 41 Stat. 437.) tidal waters and all land below the line of ordi- REFERENCES IN TEXT nary high-water mark on nontidal water navi- gable in fact, within the jurisdiction of the 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 United States, shall be subject to exploration text, were in the original ‘‘the preceding provisions of and mining for gold and other precious metals, this chapter’’, meaning chapter 6 of title 32 of the Re- and in the Chilkat River, and its tributaries, vised Statutes, consisting of R.S. §§ 2318 to 2344. within two and three-tenths miles of United Page 21 TITLE 30—MINERAL LANDS AND MINING § 49c

States survey numbered 991 for all metals, by 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set citizens of the United States, or persons who out as notes preceding section 21 of Title 48, Territories have legally declared their intentions to become and Insular Possessions. such, under such reasonable rules and regula- NON-IMPAIRMENT OF VALID CLAIMS AND RIGHTS tions as the miners in organized mining districts Act Aug. 8, 1947, ch. 514, § 2, 61 Stat. 916, provided: may have heretofore made or may hereafter ‘‘Nothing in this Act [amending this section] shall be make governing the temporary possession there- deemed to affect or impair any valid claims, rights or of for exploration and mining purposes until privileges, including possessory claims under the first otherwise provided by law: Provided further, proviso of section 8 of the Act of May 17, 1884 (23 Stat. That the rules and regulations established by 26) [25 U.S.C. 280a], arising under any other provision of the miners shall not be in conflict with the min- law.’’ ing laws of the United States; and no exclusive § 49b. Mining laws relating to placer claims ex- permit shall be granted by the Secretary of the tended to Alaska Interior authorizing any person or persons, cor- poration, or company to excavate or mine under The general mining laws of the United States any of said waters, and if such exclusive permit so far as they are applicable to placer-mining has been granted it is revoked and declared null claims, as prior to May 4, 1934, extended to the and void. The rules and regulations prescribed Territory of Alaska, are declared to be in full by the Secretary of the Interior under this sec- force and effect in said Territory: Provided, That tion shall not, however, deprive miners on the nothing herein shall be held to change or affect beach of the right given to dump tailings into or the rights acquired by locators or owners of pump from the sea opposite their claims, except placer-mining claims prior to May 4, 1934, lo- where such dumping would actually obstruct cated in said Territory under act August 1, 1912 navigation or impair the fish and game, and the (37 Stat. 242, 243) and amendatory act March 3, reservation of a roadway sixty feet wide under 1925 (43 Stat. 1118). section 687a–2 1 of title 43, shall not apply to (May 4, 1934, ch. 211, § 2, 48 Stat. 663.) mineral lands or town sites. No person shall ac- quire by virtue of this section any title to any REFERENCES IN TEXT land below the line of ordinary high tide or the Act August 1, 1912 (37 Stat. 242, 243) and amendatory line of ordinary high-water mark, as the case act March 3, 1925 (43 Stat. 1118), referred to in text, may be, of the waters described in this section. were repealed by section 1 of act May 4, 1934. See sec- Any rights or privileges acquired hereunder with tions 35 to 37 and 49b of this title. respect to mining operations in land, title to CODIFICATION which is transferred to a future State upon its Section was formerly classified to sections 119 and admission to the Union and which is situated 381a of Title 48, Territories and Insular Possessions. within its boundaries, shall be terminable by such State, and the said mining operations shall EFFECTIVE DATE be subject to the laws of such State. Act May 4, 1934, ch. 211, § 3, 48 Stat. 663, provided that: ‘‘This Act [enacting this section] shall take effect thir- (June 6, 1900, ch. 786, title I, § 26, 31 Stat. 329; ty days subsequent to the date of convening of the first May 31, 1938, ch. 297, 52 Stat. 588; Aug. 8, 1947, ch. regular session of the Alaska Territorial Legislature 514, § 1, 61 Stat. 916; Pub. L. 85–662, Aug. 14, 1958, which is held after the passage of this Act [May 4, 72 Stat. 615.) 1934].’’

REFERENCES IN TEXT ADMISSION OF ALASKA AS STATE Section 687a–2 of title 43, referred to in text, was re- Admission of Alaska into the Union was accom- pealed by Pub. L. 94–579, title VII, §§ 703(a), 704(a), Oct. plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 21, 1976, 90 Stat. 2789, 2792. 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 CODIFICATION out as notes preceding section 21 of Title 48, Territories Section was formerly classified to section 381 of Title and Insular Possessions. 48, Territories and Insular Possessions. § 49c. Recording notices of location of Alaskan AMENDMENTS mining claims 1958—Pub. L. 85–662 substituted ‘‘fish and game’’ for Notices of location of mining claims shall be ‘‘fisheries’’ in three places, and inserted provisions per- filed for record within ninety days from the date mitting mining for all metals in Chilkat River, and its tributaries, within two and three-tenths miles of of the discovery of the claim described in the no- United States survey numbered 991. tice, and all instruments shall be recorded in the 1947—Act Aug. 8, 1947, permitted exploration for and recording district in which the property or sub- mining of gold and other precious metals in beds of ject matter affected by the instrument is situ- navigable streams. ated, and where the property or subject matter 1938—Act May 31, 1938, extended waters subject to ex- is not situated in any established recording dis- ploration and mining for gold to include all water on trict the instrument affecting the same shall be shores, bays, and inlets of Alaska, and substituted Sec- recorded in the office of the clerk of the division retary of the Interior for Secretary of War, among other changes. of the court having supervision over the record- ing division in which such property or subject ADMISSION OF ALASKA AS STATE matter is situated. Admission of Alaska into the Union was accom- (June 6, 1900, ch. 786, title I, § 15, 31 Stat. 327.) plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections CODIFICATION Section is comprised of the proviso of section 15 of 1 See References in Text note below. act June 6, 1900, which was formerly classified to sec- § 49d TITLE 30—MINERAL LANDS AND MINING Page 22 tion 382 of Title 48, Territories and Insular Possessions. shall be prima facie evidence of the performance The remainder of section 15, which was formerly classi- of such work or making of such improvements, fied to section 119 of Title 48, was omitted from the but if such affidavits be not filed within the Code. time fixed by this section the burden of proof § 49d. Miners’ regulations for recording notices shall be upon the claimant to establish the per- in Alaska; certain records legalized formance of such annual work and improve- ments. And upon failure of the locator or owner Miners in any organized mining district may of any such claim to comply with the provisions make rules and regulations governing the re- of this section, as to performance of work and cording of notices of location of mining claims, improvements, such claim shall become for- water rights, flumes and ditches, mill sites and feited and open to location by others as if no lo- affidavits of labor, not in conflict with this Act cation of the same had ever been made. The affi- or the general laws of the United States; and davits required may be made before any officer nothing in this Act shall be construed so as to authorized to administer oaths, and the provi- prevent the miners in any regularly organized sions of sections 1621 and 1622 of title 18, are ex- mining district not within any recording dis- tended to such affidavits. Said affidavits shall be trict established by the court from electing filed not later than ninety days after the close their own mining recorder to act as such until a of the year in which such work is performed. recorder therefor is appointed by the court: Pro- vided further, All records regularly made by the (Mar. 2, 1907, ch. 2559, § 1, 34 Stat. 1243.) United States commissioner prior to June 6, CODIFICATION 1900, at Dyea, Skagway, and the recorder at ‘‘Sections 1621 and 1622 of title 18’’ substituted in text Douglas City, not in conflict with any records for ‘‘sections fifty-three hundred and ninety-two and regularly made with the United States commis- fifty-three hundred ninety-three of the Revised Stat- sioner at Juneau, are legalized. And all records utes’’, which had been classified to section 231 and 232 made in good faith prior to June 6, 1900, in any of former Title 18, Criminal Code and Criminal Proce- regularly organized mining district are made dure, on authority of act June 25, 1948, ch. 645, 62 Stat. public records. 683, the first section of which enacted Title 18, Crimes and Criminal Procedure. (June 6, 1900, ch. 786, title I, § 16, 31 Stat. 328.) Section was formerly classified to section 384 of Title 48, Territories and Insular Possessions. REFERENCES IN TEXT This Act, referred to in text, means act June 6, 1900, ADMISSION OF ALASKA AS STATE ch. 786, 31 Stat. 321, as amended. For complete classi- Admission of Alaska into the Union was accom- fication of title I of this act to the Code, see Tables. plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. Title III of this act provided for the Alaska Civil Code. 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 CODIFICATION out as notes preceding section 21 of Title 48, Territories Section is comprised of the two provisos of section 16 and Insular Possessions. of act June 6, 1900, and part of the last sentence of that section, which were formerly classified to section 383 of § 49f. Fees of recorders in Alaska for filing proofs Title 48, Territories and Insular Possessions. The re- of work and improvements mainder of section 16 (excluding the last sentence) which was formerly classified to section 120 of Title 48, The recorders for the several divisions or dis- was omitted from the Code. tricts of Alaska shall collect the sum of $1.50 as a fee for the filing, recording, and indexing an- § 49e. Annual labor or improvements on Alaskan nual proofs of work and improvements for each mining claims; affidavits; burden of proof; claim so recorded under the provisions of sec- forfeitures; location anew of claims; perjury tion 49e of this title. During each year and until patent has been is- (Mar. 2, 1907, ch. 2559, § 2, 34 Stat. 1243.) sued therefor, at least $100 worth of labor shall be performed or improvements made on, or for CODIFICATION the benefit or development of, in accordance Section was formerly classified to section 385 of Title with existing law, each mining claim in Alaska 48, Territories and Insular Possessions. heretofore or hereafter located. And the locator ADMISSION OF ALASKA AS STATE or owner of such claim or some other person Admission of Alaska into the Union was accom- having knowledge of the facts may also make plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. and file with the said recorder of the district in 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections which the claims shall be situated an affidavit 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set showing the performance of labor or making of out as notes preceding section 21 of Title 48, Territories improvements to the amount of $100 as aforesaid and Insular Possessions. and specifying the character and extent of such § 50. Grants to States or corporations not to in- work. Such affidavits shall set forth the follow- clude mineral lands ing: First, the name or number of the mining claims and where situated; second, the number No act passed at the first session of the Thir- of days’ work done and the character and value ty-eighth Congress, granting lands to States or of the improvements placed thereon; third, the corporations to aid in the construction of roads date of the performance of such labor and of or for other purposes, or to extend the time of making improvements; fourth, at whose in- grants made prior to the 30th day of January stance the work was done or the improvements 1865 shall be so construed as to embrace mineral made; fifth, the actual amount paid for work lands, which in all cases are reserved exclusively and improvement, and by whom paid when the to the United States, unless otherwise specially same was not done by the owner. Such affidavit provided in the act or acts making the grant. Page 23 TITLE 30—MINERAL LANDS AND MINING § 54

(R.S. § 2346.) CODIFICATION REFERENCES IN TEXT R.S. § 2340 derived from act July 9, 1870, ch. 235, § 17, The first session of the Thirty-eighth Congress, re- 16 Stat. 218. ferred to in text, was begun Dec. 7, 1863, and ended July Section is also set out as the second par. of section 4, 1864, 13 Stat. 1 to 417, contain legislation passed at 661 of Title 43, Public Lands. such session.

CODIFICATION REPEAL; SAVINGS PROVISION R.S. § 2346 derived from Res. Jan. 30, 1865, No. 10, 13 Provision of this section, ‘‘, or rights to ditches and Stat. 567. reservoirs used in connection with such water rights,’’ § 51. Water users’ vested and accrued rights; enu- was repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, in- meration of uses; protection of interest; sofar as applicable to the issuance of rights-of-way rights-of-way for canals and ditches; liability over, upon, under, and through the public lands and for injury or damage to settlers’ possession lands in the National Forest System. Such repeal not Whenever, by priority of possession, rights to to be construed as terminating any valid lease, permit, the use of water for mining, agricultural, manu- patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of facturing, or other purposes have vested and ac- Title 43, Public Lands. crued, and the same are recognized and acknowl- edged by the local customs, laws, and the deci- sions of courts, the possessors and owners of SUBMERGED LANDS ACT such vested rights shall be maintained and pro- Provisions of this section as not amended, modified tected in the same; and the right-of-way for the or repealed by the Submerged Lands Act, see section construction of ditches and canals for the pur- 1303 of Title 43, Public Lands. poses herein specified is acknowledged and con- firmed; but whenever any person, in the con- struction of any ditch or canal, injures or dam- § 53. Possessory actions for recovery of mining ages the possession of any settler on the public titles or for damages to such title domain, the party committing such injury or No possessory action between persons, in any damage shall be liable to the party injured for court of the United States, for the recovery of 1 such injury or damage. any mining title, or for damages to any such (R.S. § 2339.) title, shall be affected by the fact that the para- CODIFICATION mount title to the land in which such mines lie is in the United States; but each case shall be R.S. § 2339 derived from act July 26, 1866, ch. 262, § 9, adjudged by the law of possession. 14 Stat. 253. Section is also set out as the first par. of section 661 (R.S. § 910.) of Title 43, Public Lands.

REPEAL; SAVINGS PROVISION CODIFICATION Provision of this section, ‘‘and the right-of-way for the construction of ditches and canals for the purposes R.S. § 910 derived from act Feb. 27, 1865, ch. 64, § 9, 13 herein specified is acknowledged and confirmed; but Stat. 441. whenever any person, in the construction of any ditch Section was formerly classified to section 690 of Title or canal, injures or damages the possession of any set- 28 prior to the general revision and enactment of Title tler on the public domain, the party committing such 28, Judiciary and Judicial Procedure, by act June 25, injury or damage shall be liable to the party injured for 1948, ch. 646, § 1, 62 Stat. 869. such injury or damage.’’ was repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issu- § 54. Liability for damages to stock raising and ance of rights-of-way over, upon, under, and through homestead entries by mining activities the public lands and lands in the National Forest Sys- tem. Such repeal not to be construed as terminating Notwithstanding the provisions of any Act of any valid lease, permit, patent, etc., existing on Oct. 21, Congress to the contrary, any person who on and 1976, see section 701 of Pub. L. 94–579, set out as a note after June 21, 1949 prospects for, mines, or re- under section 1701 of Title 43, Public Lands. moves by strip or open pit mining methods, any SUBMERGED LANDS ACT minerals from any land included in a stock rais- Provisions of this section as not amended, modified ing or other homestead entry or patent, and who or repealed by the Submerged Lands Act, see section had been liable under such an existing Act only 1303 of Title 43, Public Lands. for damages caused thereby to the crops or im- provements of the entryman or patentee, shall § 52. Patents or homesteads subject to vested and also be liable for any damage that may be accrued water rights caused to the value of the land for grazing by All patents granted, or homesteads allowed, such prospecting for, mining, or removal of min- shall be subject to any vested and accrued water erals. Nothing in this section shall be considered rights, or rights to ditches and reservoirs used to impair any vested right in existence on June in connection with such water rights,1 as may 21, 1949. have been acquired under or recognized by sec- tion 51 of this title. (June 21, 1949, ch. 232, § 5, 63 Stat. 215.) (R.S. § 2340; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097.) SIMILAR PROVISIONS

1 See Repeal; Savings Provision note below. Provisions similar to this section were contained in 1 See Repeal; Savings Provision note below. act June 17, 1949, ch. 221, § 2, 63 Stat. 201. § 71 TITLE 30—MINERAL LANDS AND MINING Page 24

CHAPTER 3—LANDS CONTAINING COAL, OIL, Sec. GAS, SALTS, ASPHALTIC MATERIALS, SO- 125. Patents in North Platte Reclamation Project; DIUM, SULPHUR, AND BUILDING STONE mineral rights; subrogation. SUBCHAPTER VI—LOCATION OF PHOSPHATE SUBCHAPTER I—COAL LAND ENTRIES IN ROCK LANDS UNDER PLACER-MINING LAWS GENERAL 131. Omitted. Sec. 71. Entry of unappropriated or unreserved Fed- SUBCHAPTER VII—PERMITS TO PROSPECT FOR eral coal lands; eligibility; application; CHLORIDES, SULPHATES, CARBONATES, acreage limitation; price per acre. BORATES, SILICATES, OR NITRATES OF POTAS- 72. Preference right of coal mine entry; acreage SIUM limitation. 141 to 152. Repealed. 73. Presentation of claims. 74. Number of coal land entries; other entries SUBCHAPTER VIII—BUILDING STONE OR SALINE upon noncompliance with conditions. LAND ENTRIES UNDER PLACER-MINING LAWS 75. Conflicting claims upon coal lands; rules and 161. Entry of building-stone lands; previous law regulations. unaffected. 76. Reservation of rights upon coal lands; sale of 162. Entry of saline lands; limitation. certain mining lands. SUBCHAPTER IX—DISPOSAL OF ALABAMA LANDS 77. Alabama coal lands; agricultural entry. AS AGRICULTURAL LANDS SUBCHAPTER II—COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH RESERVATION 171. Disposal as agricultural lands. OF COAL TO UNITED STATES 172. Certain Alabama lands subject to homestead entry. 81. Rights of entrymen of lands subsequently classified as coal lands; disposal of coal de- SUBCHAPTER I—COAL LAND ENTRIES IN posits. GENERAL 82. New or supplemental patents, in case of lands subsequently classified as noncoal. § 71. Entry of unappropriated or unreserved Fed- 83. Homestead or desert-land and other entries. eral coal lands; eligibility; application; acre- 84. Applications for entry. age limitation; price per acre 85. Patents for lands, with reservation of coal; disposal of coal deposits. Every person above the age of twenty-one 86. Disposition of lands in Indian reservations years, who is a citizen of the United States, or with reservation of coal; examination and who has declared his intention to become such, appraisal of lands. or any association of persons severally qualified 87. Statements in application; patents. 88. Disposition of coal by United States. as above, shall, upon application to the register 89. Disposition of proceeds. of the proper land office, have the right to enter, 90. Selection of coal lands by States; sale in iso- by legal subdivisions, any quantity of vacant lated or disconnected tracts. coal lands of the United States not otherwise SUBCHAPTER III—PETROLEUM, OTHER MINERAL appropriated or reserved by competent author- OIL, OR GAS LAND ENTRIES UNDER MINING ity, not exceeding one hundred and sixty acres LAWS to such individual person, or three hundred and 101. Omitted. twenty acres to such association, upon payment 102. Assessment work on contiguous oil lands, lo- to the register of not less than $10 per acre for cated as claims, of same owner. such lands, where the same shall be situated 103. Patents for oil or gas lands not denied be- more than fifteen miles from any completed cause of transfer before discovery of oil or railroad, and not less than $20 per acre for such gas; acreage limitation; nonapplication to lands as shall be within fifteen miles of such withdraw lands. road. 104. Agreements with applicants for patents as to disposition of oil or gas, or proceeds there- (R.S. § 2347; Mar. 3, 1925, ch. 462, 43 Stat. 1145.) of, pending determination of title; Navy Pe- troleum Fund. CODIFICATION SUBCHAPTER IV—HOMESTEAD ENTRY OF LANDS R.S. § 2347 derived from act Mar. 3, 1873, ch. 279, § 1, 17 IN UTAH, WITHDRAWN OR CLASSIFIED AS OIL Stat. 607. LANDS AMENDMENTS 111 to 113. Repealed. 1925—Act Mar. 3, 1925, affected words which now read SUBCHAPTER V—AGRICULTURAL ENTRY OF ‘‘upon payment to the register of not less than.’’ Such LANDS WITHDRAWN OR CLASSIFIED AS CON- words originally read ‘‘upon payment to the receiver of TAINING PHOSPHATE, NITRATE, POTASH, OIL, not less than.’’ Such act consolidated the offices of re- GAS, ASPHALTIC MINERALS, SODIUM, OR SUL- ceiver and register. PHUR TRANSFER OF FUNCTIONS 121. Agricultural entry or purchase of lands with- drawn or classified as containing phosphate, Office of register of district land office abolished and nitrate, potash, oil, or gas; reservations to all functions of register transferred to Secretary of the United States; application. Interior, or to officers and agencies of Department of 122. Patents; reservation in the United States of the Interior as Secretary may designate, by Reorg. reserved deposits; acquisition of right to re- Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, move deposits; application for entry to dis- 60 Stat. 1100, set out in the Appendix to Title 5, Govern- prove classification. ment Organization and Employees. 123. Persons locating lands subsequently with- See also note set out under section 1 of this title. drawn or classified; patents to. INDIAN LANDS EXCEPTED 124. Agricultural entry or purchase of lands with- drawn or classified as containing sodium or Commenting on this section and sections 72 to 76 of sulphur. this title the Department of the Interior says: