43 U.s.c. 1744

Page 519

TITLE 43—PUBLIC LANDS

making nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section.
(d) Violations; criminal penalties
Any officer or employee who is subject to, and
knowingly violates, this section, shall be fined
not more than $2,500 or imprisoned not more
than one year, or both.
(Pub. L. 94–579, title III, § 313, Oct. 21, 1976, 90
Stat. 2768.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a)(1), (2), is Pub. L.
94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as
the Federal Land Policy and Management Act of 1976.
For complete classification of this Act to the Code, see
Tables.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (b) of this section relating to the requirement that the Secretary report to Congress on June 1
of each calendar year, see section 3003 of Pub. L. 104–66,
as amended, set out as a note under section 1113 of
Title 31, Money and Finance, and the 2nd item on page
108 of House Document No. 103–7.

§ 1744. Recordation of mining claims
(a) Filing requirements
The owner of an unpatented lode or placer
mining claim located prior to October 21, 1976,
shall, within the three-year period following October 21, 1976 and prior to December 31 of each
year thereafter, file the instruments required by
paragraphs (1) and (2) of this subsection. The
owner of an unpatented lode or placer mining
claim located after October 21, 1976 shall, prior
to December 31 of each year following the calendar year in which the said claim was located,
file the instruments required by paragraphs (1)
and (2) of this subsection:
(1) File for record in the office where the location notice or certificate is recorded either a notice of intention to hold the mining claim (including but not limited to such notices as are
provided by law to be filed when there has been
a suspension or deferment of annual assessment
work), an affidavit of assessment work performed thereon, on 1 a detailed report provided
by section 28–1 of title 30, relating thereto.
(2) File in the office of the Bureau designated
by the Secretary a copy of the official record of
the instrument filed or recorded pursuant to
paragraph (1) of this subsection, including a description of the location of the mining claim
sufficient to locate the claimed lands on the
ground.
(b) Additional filing requirements
The owner of an unpatented lode or placer
mining claim or mill or tunnel site located prior
to October 21, 1976 shall, within the three-year
period following October 21, 1976, file in the office of the Bureau designated by the Secretary a
copy of the official record of the notice of location or certificate of location, including a description of the location of the mining claim or
mill or tunnel site sufficient to locate the
claimed lands on the ground. The owner of an
1 So

in original. Probably should be ‘‘or’’.

§ 1745

unpatented lode or placer mining claim or mill
or tunnel site located after October 21, 1976
shall, within ninety days after the date of location of such claim, file in the office of the Bureau designated by the Secretary a copy of the
official record of the notice of location or certificate of location, including a description of
the location of the mining claim or mill or tunnel site sufficient to locate the claimed lands on
the ground.
(c) Failure to file as constituting abandonment;
defective or untimely filing
The failure to file such instruments as required by subsections (a) and (b) of this section
shall be deemed conclusively to constitute an
abandonment of the mining claim or mill or
tunnel site by the owner; but it shall not be considered a failure to file if the instrument is defective or not timely filed for record under other
Federal laws permitting filing or recording
thereof, or if the instrument is filed for record
by or on behalf of some but not all of the owners
of the mining claim or mill or tunnel site.
(d) Validity of claims, waiver of assessment, etc.,
as unaffected
Such recordation or application by itself shall
not render valid any claim which would not be
otherwise valid under applicable law. Nothing in
this section shall be construed as a waiver of the
assessment and other requirements of such law.
(Pub. L. 94–579, title III, § 314, Oct. 21, 1976, 90
Stat. 2769.)
§ 1745. Disclaimer of interest in lands
(a) Issuance of recordable document; criteria
After consulting with any affected Federal
agency, the Secretary is authorized to issue a
document of disclaimer of interest or interests
in any lands in any form suitable for recordation, where the disclaimer will help remove a
cloud on the title of such lands and where he determines (1) a record interest of the United
States in lands has terminated by operation of
law or is otherwise invalid; or (2) the lands lying
between the meander line shown on a plat of
survey approved by the Bureau or its predecessors and the actual shoreline of a body of
water are not lands of the United States; or (3)
accreted, relicted, or avulsed lands are not lands
of the United States.
(b) Procedures applicable
No document or disclaimer shall be issued pursuant to this section unless the applicant therefor has filed with the Secretary an application
in writing and notice of such application setting
forth the grounds supporting such application
has been published in the Federal Register at
least ninety days preceding the issuance of such
disclaimer and until the applicant therefor has
paid to the Secretary the administrative costs
of issuing the disclaimer as determined by the
Secretary. All receipts shall be deposited to the
then-current appropriation from which expended.
(c) Construction as quit-claim deed from United
States
Issuance of a document of disclaimer by the
Secretary pursuant to the provisions of this sec-