General Mining Law

Page 7

TITLE 30—MINERAL LANDS AND MINING

committee established by the President or an officer of
the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2year period, or in the case of a committee established
by the Congress, its duration is otherwise provided by
law. Advisory committees established after Jan. 5, 1973,
to terminate not later than the expiration of the 2-year
period beginning on the date of their establishment,
unless, in the case of a committee established by the
President or an officer of the Federal Government, such
committee is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of
a committee established by the Congress, its duration
is otherwise provided for by law. See section 14 of Pub.
L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

CHAPTER 2—MINERAL LANDS AND
REGULATIONS IN GENERAL

Sec.

34.
35.

36.
37.

38.

Sec.

21.
21a.
22.
23.
24.
25.
26.
27.
28.

28–1.
28–2.
28a.
28b.
28c.
28d.
28e.
28f.
28g.
28h.
28i.
28j.
28k.
28l.
29.

30.

31.
32.
33.

Mineral lands reserved.
National mining and minerals policy; ‘‘minerals’’ defined; execution of policy under
other authorized programs.
Lands open to purchase by citizens.
Length of claims on veins or lodes.
Proof of citizenship.
Affidavit of citizenship.
Locators’ rights of possession and enjoyment.
Mining tunnels; right to possession of veins
on line with; abandonment of right.
Mining district regulations by miners: location, recordation, and amount of work;
marking of location on ground; records; annual labor or improvements on claims pending issue of patent; co-owner’s succession in
interest upon delinquency in contributing
proportion of expenditures; tunnel as lode
expenditure.
Inclusion of certain surveys in labor requirements of mining claims; conditions and restrictions.
Definitions.
Omitted.
Annual assessment work on mining claims;
temporary deferment; conditions.
Length and termination of deferment.
Performance of deferred work.
Recordation of deferment.
Fee.
Location fee.
Co-ownership.
Failure to pay.
Other requirements.
Regulations.
Collection of mining law administration fees.
Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting plat and notice
on claim; publication and posting notice in
office; certificate; adverse claims; payment
per acre; objections; nonresident claimant’s
agent for execution of application and affidavits.
Adverse claims; oath of claimants; requisites;
waiver; stay of land office proceedings; judicial determination of right of possession;
successful claimants’ filing of judgment
roll, certificate of labor, and description of
claim in land office, and acreage and fee
payments; issuance of patents for entire or
partial claims upon certification of land office proceedings and judgment roll; alienation of patent title.
Oath: agent or attorney in fact, beyond district of claim.
Findings by jury; costs.
Existing rights.

§ 21

39.
40.
41.
42.
43.
44, 45.
46.
47.
48.
49.
49a.

49b.
49c.
49d.
49e.

49f.
50.
51.

52.
53.
54.

Description of vein claims on surveyed and
unsurveyed lands; monuments on ground to
govern conflicting calls.
Placer claims; entry and proceedings for patent under provisions applicable to vein or
lode claims; conforming entry to legal subdivisions and surveys; limitation of claims;
homestead entry of segregated agricultural
land.
Subdivisions of 10-acre tracts; maximum of
placer locations; homestead claims of agricultural lands; sale of improvements.
Proceedings for patent where boundaries contain vein or lode; application; statement including vein or lode; issuance of patent:
acreage payments for vein or lode and placer claim; costs of proceedings; knowledge
affecting construction of application and
scope of patent.
Evidence of possession and work to establish
right to patent.
Surveyors of mining claims.
Verification of affidavits.
Intersecting or crossing veins.
Patents for nonmineral lands: application,
survey, notice, acreage limitation, payment.
Conditions of sale by local legislature.
Omitted.
Additional land districts and officers.
Impairment of rights or interests in certain
mining property.
Lands in Michigan, Wisconsin, and Minnesota; sale and disposal as public lands.
Lands in Missouri and Kansas; disposal as agricultural lands.
Mining laws of United States extended to
Alaska; exploration and mining for precious
metals; regulations; conflict of laws; permits; dumping tailings; pumping from sea;
reservation of roadway; title to land below
line of high tide or high-water mark; transfer of title to future State.
Mining laws relating to placer claims extended to Alaska.
Recording notices of location of Alaskan mining claims.
Miners’ regulations for recording notices in
Alaska; certain records legalized.
Annual labor or improvements on Alaskan
mining claims; affidavits; burden of proof;
forfeitures; location anew of claims; perjury.
Fees of recorders in Alaska for filing proofs of
work and improvements.
Grants to States or corporations not to include mineral lands.
Water users’ vested and accrued rights; enumeration of uses; protection of interest;
rights-of-way for canals and ditches; liability for injury or damage to settlers’ possession.
Patents or homesteads subject to vested and
accrued water rights.
Possessory actions for recovery of mining
titles or for damages to such title.
Liability for damages to stock raising and
homestead entries by mining activities.

§ 21. Mineral lands reserved
In all cases lands valuable for minerals shall
be reserved from sale, except as otherwise expressly directed by law.
(R.S. § 2318.)
CODIFICATION
R.S. § 2318 derived from act July 4, 1866, ch. 166, § 5, 14
Stat. 86.

§ 21a

TITLE 30—MINERAL LANDS AND MINING

§ 21a. National mining and minerals policy; ‘‘minerals’’ defined; execution of policy under
other authorized programs
The Congress declares that it is the continuing
policy of the Federal Government in the national interest to foster and encourage private
enterprise in (1) the development of economically sound and stable domestic mining, minerals, metal and mineral reclamation industries,
(2) the orderly and economic development of domestic mineral resources, reserves, and reclamation of metals and minerals to help assure satisfaction of industrial, security and environmental needs, (3) mining, mineral, and metallurgical research, including the use and recycling
of scrap to promote the wise and efficient use of
our natural and reclaimable mineral resources,
and (4) the study and development of methods
for the disposal, control, and reclamation of
mineral waste products, and the reclamation of
mined land, so as to lessen any adverse impact
of mineral extraction and processing upon the
physical environment that may result from mining or mineral activities.
For the purpose of this section ‘‘minerals’’
shall include all minerals and mineral fuels including oil, gas, coal, oil shale and uranium.
It shall be the responsibility of the Secretary
of the Interior to carry out this policy when exercising his authority under such programs as
may be authorized by law other than this section.
(Pub. L. 91–631, title I, § 101, formerly § 2, Dec. 31,
1970, 84 Stat. 1876; Pub. L. 104–66, title I, § 1081(b),
Dec. 21, 1995, 109 Stat. 721; renumbered title I,
§ 101, Pub. L. 104–325, § 2(1), (2), Oct. 19, 1996, 110
Stat. 3994.)

Page 8

Words ‘‘Except as otherwise provided,’’ were editorially supplied on authority of act Feb. 25, 1920, ch.
85, 41 Stat. 437, popularly known as the Mineral Lands
Leasing Act, which is classified to chapter 3A (§ 181 et
seq.) of this title.
SHORT TITLE
Sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 43,
and 47 of this title are based on sections of the Revised
Statutes which are derived from act May 10, 1872, ch.
152, 17 Stat. 91, popularly known as the ‘‘General Mining Act of 1872’’ and as the ‘‘Mining Law of 1872’’.

§ 23. Length of claims on veins or lodes
Mining claims upon veins or lodes of quartz or
other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits,
located prior to May 10, 1872, shall be governed
as to length along the vein or lode by the customs, regulations, and laws in force at the date
of their location. A mining claim located after
the 10th day of May 1872, whether located by one
or more persons, may equal, but shall not exceed, one thousand five hundred feet in length
along the vein or lode; but no location of a mining claim shall be made until the discovery of
the vein or lode within the limits of the claim
located. No claim shall extend more than three
hundred feet on each side of the middle of the
vein at the surface, nor shall any claim be limited by any mining regulation to less than twenty-five feet on each side of the middle of the
vein at the surface, except where adverse rights
existing on the 10th day of May 1872 render such
limitation necessary. The end lines of each
claim shall be parallel to each other.
(R.S. § 2320.)

AMENDMENTS

CODIFICATION

1995—Pub. L. 104–66 in last par. struck out at end
‘‘For this purpose the Secretary of the Interior shall include in his annual report to the Congress a report on
the state of the domestic mining, minerals, and mineral reclamation industries, including a statement of
the trend in utilization and depletion of these resources, together with such recommendations for legislative programs as may be necessary to implement the
policy of this section.’’

R.S. § 2320 derived from act May 10, 1872, ch. 152, § 2,
17 Stat. 91.

SHORT TITLE
Pub. L. 91–631, § 1, Dec. 31, 1970, 84 Stat. 1876, provided:
‘‘That this Act [enacting this section] may be cited as
the ‘Mining and Minerals Policy Act of 1970’.’’

§ 22. Lands open to purchase by citizens
Except as otherwise provided, all valuable
mineral deposits in lands belonging to the
United States, both surveyed and unsurveyed,
shall be free and open to exploration and purchase, and the lands in which they are found to
occupation and purchase, by citizens of the
United States and those who have declared their
intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining
districts, so far as the same are applicable and
not inconsistent with the laws of the United
States.

§ 24. Proof of citizenship
Proof of citizenship, under sections 21, 22 to 24,
26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this
title and section 661 of title 43, may consist, in
the case of an individual, of his own affidavit
thereof; in the case of an association of persons
unincorporated, of the affidavit of their authorized agent, made on his own knowledge, or upon
information and belief; and in the case of a corporation organized under the laws of the United
States, or of any State or Territory thereof, by
the filing of a certified copy of their charter or
certificate of incorporation.
(R.S. § 2321.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2321 derived from act May 10, 1872, ch. 152, § 7,
17 Stat. 94.

(R.S. § 2319.)
CODIFICATION
R.S. § 2319 derived from act May 10, 1872, ch. 152, § 1,
17 Stat. 91.

§ 25. Affidavit of citizenship
Applicants for mineral patents, if residing beyond the limits of the district wherein the claim

Page 9

TITLE 30—MINERAL LANDS AND MINING

is situated, may make any oath or affidavit required for proof of citizenship before the clerk of
any court of record or before any notary public
of any State or Territory.
(Apr. 26, 1882, ch. 106, § 2, 22 Stat. 49.)
§ 26. Locators’ rights of possession and enjoyment
The locators of all mining locations made on
any mineral vein, lode, or ledge, situated on the
public domain, their heirs and assigns, where no
adverse claim existed on the 10th day of May
1872 so long as they comply with the laws of the
United States, and with State, territorial, and
local regulations not in conflict with the laws of
the United States governing their possessory
title, shall have the exclusive right of possession
and enjoyment of all the surface included within
the lines of their locations, and of all veins,
lodes, and ledges throughout their entire depth,
the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far
depart from a perpendicular in their course
downward as to extend outside the vertical side
lines of such surface locations. But their right of
possession to such outside parts of such veins or
ledges shall be confined to such portions thereof
as lie between vertical planes drawn downward
as above described, through the end lines of
their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. Nothing in
this section shall authorize the locator or possessor of a vein or lode which extends in its
downward course beyond the vertical lines of his
claim to enter upon the surface of a claim owned
or possessed by another.
(R.S. § 2322.)
CODIFICATION
R.S. § 2322 derived from act May 10, 1872, ch. 152, § 3,
17 Stat. 91.

§ 27. Mining tunnels; right to possession of veins
on line with; abandonment of right
Where a tunnel is run for the development of
a vein or lode, or for the discovery of mines, the
owners of such tunnel shall have the right of
possession of all veins or lodes within three
thousand feet from the face of such tunnel on
the line thereof, not previously known to exist,
discovered in such tunnel, to the same extent as
if discovered from the surface; and locations on
the line of such tunnel of veins or lodes not appearing on the surface, made by other parties
after the commencement of the tunnel, and
while the same is being prosecuted with reasonable diligence, shall be invalid; but failure to
prosecute the work on the tunnel for six months
shall be considered as an abandonment of the
right to all undiscovered veins on the line of
such tunnel.
(R.S. § 2323.)
CODIFICATION
R.S. § 2323 derived from act May 10, 1872, ch. 152, § 4,
17 Stat. 92.
SHORT TITLE
This section is popularly known as the Tunnel Site
Act.

§ 28

§ 28. Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records; annual
labor or improvements on claims pending
issue of patent; co-owner’s succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure
The miners of each mining district may make
regulations not in conflict with the laws of the
United States, or with the laws of the State or
Territory in which the district is situated, governing the location, manner of recording,
amount of work necessary to hold possession of
a mining claim, subject to the following requirements: The location must be distinctly marked
on the ground so that its boundaries can be
readily traced. All records of mining claims
made after May 10, 1872, shall contain the name
or names of the locators, the date of the location, and such a description of the claim or
claims located by reference to some natural object or permanent monument as will identify
the claim. On each claim located after the 10th
day of May 1872, that is granted a waiver under
section 28f of this title, and until a patent has
been issued therefor, not less than $100 worth of
labor shall be performed or improvements made
during each year. On all claims located prior to
the 10th day of May 1872, $10 worth of labor shall
be performed or improvements made each year,
for each one hundred feet in length along the
vein until a patent has been issued therefor; but
where such claims are held in common, such expenditure may be made upon any one claim; and
upon a failure to comply with these conditions,
the claim or mine upon which such failure occurred shall be open to relocation in the same
manner as if no location of the same had ever
been made, provided that the original locators,
their heirs, assigns, or legal representatives,
have not resumed work upon the claim after
failure and before such location. Upon the failure of any one of several coowners to contribute
his proportion of the expenditures required hereby, the coowners who have performed the labor
or made the improvements may, at the expiration of the year, give such delinquent co-owner
personal notice in writing or notice by publication in the newspaper published nearest the
claim, for at least once a week for ninety days,
and if at the expiration of ninety days after such
notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the
property of his co-owners who have made the required expenditures. The period within which
the work required to be done annually on all unpatented mineral claims located since May 10,
1872, including such claims in the Territory of
Alaska, shall commence at 12:01 ante meridian
on the first day of September succeeding the
date of location of such claim.
Where a person or company has or may run a
tunnel for the purposes of developing a lode or
lodes, owned by said person or company, the
money so expended in said tunnel shall be taken
and considered as expended on said lode or lodes,
whether located prior to or since May 10, 1872;

§ 28–1

TITLE 30—MINERAL LANDS AND MINING

and such person or company shall not be required to perform work on the surface of said
lode or lodes in order to hold the same as required by this section. On all such valid claims
the annual period ending December 31, 1921,
shall continue to 12 o’clock meridian July 1,
1922.
(R.S. § 2324; Feb. 11, 1875, ch. 41, 18 Stat. 315; Jan.
22, 1880, ch. 9, § 2, 21 Stat. 61; Aug. 24, 1921, ch. 84,
42 Stat. 186; Pub. L. 85–736, § 1, Aug. 23, 1958, 72
Stat. 829; Pub. L. 103–66, title X, § 10105(b), Aug.
10, 1993, 107 Stat. 406; Pub. L. 110–161, div. F, title
I, (1), Dec. 26, 2007, 121 Stat. 2101.)
CODIFICATION
R.S. § 2324 derived from act May 10, 1872, ch. 152, § 5,
17 Stat. 92.
Pub. L. 110–161, which directed the amendment of section 28 of title 30, United States Code, ‘‘in section 28’’,
was executed by making the amendment to R.S. § 2324,
which is classified to this section, to reflect the probable intent of Congress. See 2007 Amendment note
below.
AMENDMENTS
2007—Pub. L. 110–161 substituted ‘‘shall commence at
12:01 ante meridian on the first day of September’’ for
‘‘shall commence at 12 o’clock meridian on the 1st day
of September’’. See Codification note above.
1993—Pub. L. 103–66 inserted ‘‘that is granted a waiver
under section 28f of this title,’’ after ‘‘On each claim located after the 10th day of May 1872,’’.
1958—Pub. L. 85–736 changed period for doing annual
assessment work on unpatented mineral claims, substituting ‘‘1st day of September’’ for ‘‘1st day of July’’.
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.
ASSESSMENT WORK YEARS, 1957–58 AND 1958–59
Pub. L. 85–736, § 2, Aug. 23, 1958, 72 Stat. 829, provided
that the period commencing in 1957 for the performance
of annual assessment work under this section shall end
at 12 o’clock meridian on the 1st day of July 1958, and
the period commencing in 1958 for the performance of
such annual assessment work shall commence at 12
o’clock meridian on the 1st day of July 1958, and shall
continue to 12 o’clock meridian on Sept. 1, 1959.

§ 28–1. Inclusion of certain surveys in labor requirements of mining claims; conditions and
restrictions
The term ‘‘labor’’, as used in the third sentence of section 28 of this title, shall include,
without being limited to, geological, geochemical and geophysical surveys conducted by
qualified experts and verified by a detailed report filed in the county office in which the claim
is located which sets forth fully (a) the location
of the work performed in relation to the point of
discovery and boundaries of the claim, (b) the
nature, extent, and cost thereof, (c) the basic
findings therefrom, and (d) the name, address,
and professional background of the person or
persons conducting the work. Such surveys,
however, may not be applied as labor for more
than two consecutive years or for more than a
total of five years on any one mining claim, and
each such survey shall be nonrepetitive of any
previous survey on the same claim.

Page 10

(Pub. L. 85–876, § 1, Sept. 2, 1958, 72 Stat. 1701.)
§ 28–2. Definitions
As used in section 28–1 of this title,
(a) The term ‘‘geological surveys’’ means surveys on the ground for mineral deposits by the
proper application of the principles and techniques of the science of geology as they relate to
the search for and discovery of mineral deposits;
(b) The term ‘‘geochemical surveys’’ means
surveys on the ground for mineral deposits by
the proper application of the principles and
techniques of the science of chemistry as they
relate to the search for and discovery of mineral
deposits;
(c) The term ‘‘geophysical surveys’’ means
surveys on the ground for mineral deposits
through the employment of generally recognized
equipment and methods for measuring physical
differences between rock types or discontinuities in geological formations;
(d) The term ‘‘qualified expert’’ means an individual qualified by education or experience to
conduct geological, geochemical or geophysical
surveys, as the case may be.
(Pub. L. 85–876, § 2, Sept. 2, 1958, 72 Stat. 1701.)
§ 28a. Omitted
CODIFICATION
Section, act June 29, 1950, ch. 404, 64 Stat. 275, provided for extension of time of annual assessment work,
on mining claims in the United States, including Alaska, for period commencing July 1, 1949, until 12 o’clock
noon Oct. 1, 1950, and also provided for commencement
of assessment work or improvements required for year
ending 12 o’clock noon July 1, 1951, immediately following 12 o’clock noon July 1, 1950. See sections 28b to 28e
of this title.

§ 28b. Annual assessment work on mining claims;
temporary deferment; conditions
The performance of not less than $100 worth of
labor or the making of improvements aggregating such amount, which labor or improvements
are required under the provisions of section 28 of
this title to be made during each year, may be
deferred by the Secretary of the Interior as to
any mining claim or group of claims in the
United States upon the submission by the claimant of evidence satisfactory to the Secretary
that such mining claim or group of claims is
surrounded by lands over which a right-of-way
for the performance of such assessment work
has been denied or is in litigation or is in the
process of acquisition under State law or that
other legal impediments exist which affect the
right of the claimant to enter upon the surface
of such claim or group of claims or to gain access to the boundaries thereof.
(June 21, 1949, ch. 232, § 1, 63 Stat. 214.)
§ 28c. Length and termination of deferment
The period for which said deferment may be
granted shall end when the conditions justifying
deferment have been removed: Provided, That
the initial period shall not exceed one year but
may be renewed for a further period of one year
if justifiable conditions exist: Provided further,
That the relief available under sections 28b to

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TITLE 30—MINERAL LANDS AND MINING

28e of this title is in addition to any relief available under any other Act of Congress with respect to mining claims.
(June 21, 1949, ch. 232, § 2, 63 Stat. 215.)
§ 28d. Performance of deferred work
All deferred assessment work shall be performed not later than the end of the assessment
year next subsequent to the removal or cessation of the causes for deferment or the expiration of any deferments granted under sections
28b to 28e of this title and shall be in addition to
the annual assessment work required by law in
such year.
(June 21, 1949, ch. 232, § 3, 63 Stat. 215.)
§ 28e. Recordation of deferment
Claimant shall file or record or cause to be
filed or recorded in the office where the notice
or certificate of location of such claim or group
of claims is filed or recorded, a notice to the
public of claimant’s petition to the Secretary of
the Interior for deferment under sections 28b to
28e of this title, and of the order or decision disposing of such petition.
(June 21, 1949, ch. 232, § 4, 63 Stat. 215.)
§ 28f. Fee
(a) Claim maintenance fee
(1) Lode mining claims, mill sites, and tunnel
sites
The holder of each unpatented lode mining
claim, mill site, or tunnel site, located pursuant to the mining laws of the United States
before, on, or after August 10, 1993, shall pay
to the Secretary of the Interior, on or before
September 1 of each year, to the extent provided in advance in appropriations Acts, a
claim maintenance fee of $100 per claim or
site, respectively. Such claim maintenance fee
shall be in lieu of the assessment work requirement contained in the Mining Law of 1872
(30 U.S.C. 28–28e) 1 and the related filing requirements contained in section 1744(a) and (c)
of title 43.
(2) Placer mining claims
The holder of each unpatented placer mining
claim located pursuant to the mining laws of
the United States before, on, or after August
10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year,
the claim maintenance fee described in subsection (a)(1), for each 20 acres of the placer
claim or portion thereof. Such claim maintenance fee shall be in lieu of the assessment
work requirement contained in the Mining
Law of 1872 (30 U.S.C. 28 to 28e) 1 and the related filing requirements contained in section
1744(a) and (c) of title 43.
(b) Time of payment
The claim main tenance 2 fee under subsection
(a) shall be paid for the year in which the location is made, at the time the location notice is
recorded with the Bureau of Land Management.
1 See
2 So

References in Text note below.
in original. Probably should be ‘‘maintenance’’.

§ 28f

The location fee imposed under section 28g of
this title shall be payable not later than 90 days
after the date of location.
(c) Oil shale claims subject to claim maintenance
fees under Energy Policy Act of 1992
This section shall not apply to any oil shale
claims for which a fee is required to be paid
under section 2511(e)(2) of the Energy Policy Act
of 1992 (Public Law 102–486; 106 Stat. 3111; 30
U.S.C. 242).
(d) Waiver
(1) The claim maintenance fee required under
this section may be waived for a claimant who
certifies in writing to the Secretary that on the
date the payment was due, the claimant and all
related parties—
(A) held not more than 10 mining claims,
mill sites, or tunnel sites, or any combination
thereof, on public lands; and
(B) have performed assessment work required under the Mining Law of 1872 (30 U.S.C.
28–28e) 1 to maintain the mining claims held by
the claimant and such related parties for the
assessment year ending on noon of September
1 of the calendar year in which payment of the
claim maintenance fee was due.
(2) For purposes of paragraph (1), with respect
to any claimant, the term ‘‘related party’’
means—
(A) the spouse and dependent children (as defined in section 152 of title 26), of the claimant; and
(B) a person who controls, is controlled by,
or is under common control with the claimant.
For purposes of this section, the term control
includes actual control, legal control, and the
power to exercise control, through or by common directors, officers, stockholders, a voting
trust, or a holding company or investment company, or any other means.
(3) If a small miner waiver application is determined to be defective for any reason, the
claimant shall have a period of 60 days after receipt of written notification of the defect or defects by the Bureau of Land Management to: (A)
cure such defect or defects, or (B) pay the $100
claim maintenance fee due for such period.
(Pub. L. 103–66, title X, § 10101, Aug. 10, 1993, 107
Stat. 405; Pub. L. 105–240, § 116, Sept. 25, 1998, 112
Stat. 1570; Pub. L. 105–277, div. A, § 101(e) [title I],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–235; Pub. L.
107–63, title I, (1), Nov. 5, 2001, 115 Stat. 418; Pub.
L. 108–108, title I, (1), Nov. 10, 2003, 117 Stat. 1245;
Pub. L. 110–161, div. F, title I, (2), Dec. 26, 2007,
121 Stat. 2101; Pub. L. 111–8, div. E, title I, Mar.
11, 2009, 123 Stat. 704; Pub. L. 111–88, div. A, title
I, Oct. 30, 2009, 123 Stat. 2907; Pub. L. 112–74, div.
E, title IV, § 430, Dec. 23, 2011, 125 Stat. 1047; Pub.
L. 113–6, div. F, title IV, § 1403, Mar. 26, 2013, 127
Stat. 419.)
REFERENCES IN TEXT
The Mining Law of 1872 (30 U.S.C. 28–28e), referred to
in subsecs. (a) and (d)(1)(B), probably means act May 10,
1872, ch. 152, 17 Stat. 91. That act was incorporated into
the Revised Statutes as R.S. §§ 2319 to 2328, 2331, 2333 to
2337, and 2344, which are classified to sections 22 to 24,
26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this title.

§ 28g

TITLE 30—MINERAL LANDS AND MINING

For complete classification of R.S. §§ 2319 to 2328, 2331,
2333 to 2337, and 2344 to the Code, see Tables.
CODIFICATION
Pub. L. 111–88, which directed the amendment of section 28f of title 30, United States Code, was executed by
making the amendment to section 10101 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 2009 Amendment note
below.
Pub. L. 110–161, which directed the amendment of section 28 of title 30, United States Code, ‘‘in section
28f(a),’’ was executed by making the amendment to section 10101 of Pub. L. 103–66, which is classified to this
section, to reflect the probable intent of Congress. See
2007 Amendment note below.
Pub. L. 108–108, which directed the amendment of section 28 of title 30, United States Code, ‘‘in section
28f(a),’’ was executed by making the amendment to section 10101 of Pub. L. 103–66, which is classified to this
section, to reflect the probable intent of Congress. See
2003 Amendment note below.
Pub. L. 107–63, which directed the amendment of section 28f of title 30, United States Code, was executed by
making the amendment to section 10101 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 2001 Amendment note
below.
Pub. L. 105–277, which directed the amendment of section 28f of title 30, United States Code, was executed by
making the amendment to section 10101 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 1998 Amendment notes
below.
Pub. L. 105–240, which directed the amendment of section 28f of title 30, United States Code, was executed by
making the amendment to section 10101 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 1998 Amendment note
below.
AMENDMENTS
2013—Subsec. (a)(1). Pub. L. 113–6, § 1403(1), substituted
‘‘before, on, or after August 10, 1993’’ for ‘‘on or after
August 10, 1993’’.
Subsec. (a)(2). Pub. L. 113–6, § 1403(2), struck out ‘‘located’’ after ‘‘United States’’, substituted ‘‘subsection
(a)(1)’’ for ‘‘subsection (a)’’, and inserted at end ‘‘Such
claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of
1872 (30 U.S.C. 28 to 28e) and the related filing requirements contained in section 1744(a) and (c) of title 43.’’
2011—Subsec. (a)(1). Pub. L. 112–74, § 430(1)(A), designated existing provisions as par. (1) and substituted
‘‘The holder of each unpatented lode mining claim, mill
site, or tunnel site, located pursuant to the mining
laws of the United States on or after August 10, 1993,
shall pay to the Secretary of the Interior, on or before
September 1 of each year, to the extent provided in advance in appropriations Acts, a claim maintenance fee
of $100 per claim or site, respectively.’’ for ‘‘The holder
of each unpatented mining claim, mill, or tunnel site,
located pursuant to the mining laws of the United
States, whether located before, on or after August 10,
1993, shall pay to the Secretary of the Interior, on or
before September 1 of each year, to the extent provided
in advance in Appropriations Acts, a claim maintenance fee of $100 per claim or site’’.
Subsec. (a)(2). Pub. L. 112–74, § 430(1)(B), added par. (2).
Subsec. (b). Pub. L. 112–74, § 430(2), substituted ‘‘The
claim main tenance fee under subsection (a) shall be
paid for the year in which the location is made, at the
time the location notice is recorded with the Bureau of
Land Management.’’ for ‘‘The claim maintenance fee
payable pursuant to subsection (a) of this section for
any assessment year shall be paid before the commencement of the assessment year, except that for the
initial assessment year in which the location is made,
the locator shall pay the claim maintenance fee at the

Page 12

time the location notice is recorded with the Bureau of
Land Management.’’
2009—Subsec. (a). Pub. L. 111–88 substituted ‘‘, to the
extent provided in advance in Appropriations Acts,’’ for
‘‘for years 2004 through 2008,’’. See Codification note
above.
Pub. L. 111–8, which directed the removal of the modifications made by Pub. L. 110–161, was executed by inserting ‘‘for years 2004 through 2008’’ after ‘‘before September 1 of each year’’. See 2007 Amendment note
below.
2007—Subsec. (a). Pub. L. 110–161 struck out ‘‘for
years 2004 through 2008’’ after ‘‘before September 1 of
each year’’. See Codification note above.
2003—Subsec. (a). Pub. L. 108–108 substituted ‘‘for
years 2004 through 2008’’ for ‘‘for years 2002 through
2003’’. See Codification note above.
2001—Subsec. (a). Pub. L. 107–63 substituted ‘‘The
holder of each unpatented mining claim, mill, or tunnel
site, located pursuant to the mining laws of the United
States, whether located before, on or after August 10,
1993, shall pay to the Secretary of the Interior, on or
before September 1 of each year for years 2002 through
2003, a claim maintenance fee of $100 per claim or site’’
for ‘‘The holder of each unpatented mining claim, mill,
or tunnel site, located pursuant to the mining laws of
the United States, whether located before or after August 10, 1993, shall pay to the Secretary of the Interior,
on or before September 1 of each year for years 1999
through 2001, a claim maintenance fee of $100 per claim
or site.’’ See Codification note above.
1998—Subsec. (a). Pub. L. 105–277 added first sentence
and struck out former first sentence which read as follows: ‘‘The holder of each unpatented mining claim,
mill, or tunnel site located pursuant to the mining laws
of the United States before October 1, 1998 shall pay the
Secretary of the Interior, on or before September 1, 1999
a claim maintenance fee of $100 per claim site.’’ See
Codification note above.
Pub. L. 105–240 substituted ‘‘The holder of each unpatented mining claim, mill, or tunnel site located pursuant to the mining laws of the United States before
October 1, 1998 shall pay the Secretary of the Interior,
on or before September 1, 1999 a claim maintenance fee
of $100 per claim site.’’ for ‘‘The holder of each unpatented mining claim, mill or tunnel site located pursuant to the Mining Laws of the United States, whether
located before or after August 10, 1993, shall pay to the
Secretary of the Interior, on or before August 31 of
each year, for years 1994 through 1998, a claim maintenance fee of $100 per claim.’’ See Codification note
above.
Subsec. (d)(3). Pub. L. 105–277 added par. (3). See Codification note above.
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

§ 28g. Location fee
Notwithstanding any other provision of law,
for every unpatented mining claim, mill or tunnel site located after August 10, 1993, to the extent provided in advance in Appropriations Acts,
pursuant to the Mining Laws of the United
States, the locator shall, at the time the location notice is recorded with the Bureau of Land
Management, pay to the Secretary of the Interior a location fee, in addition to the claim
maintenance fee required by section 28f of this
title, of $25.00 per claim.
(Pub. L. 103–66, title X, § 10102, Aug. 10, 1993, 107
Stat. 406; Pub. L. 105–277, div. A, § 101(e) [title I],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–235; Pub. L.
107–63, title I, (2), Nov. 5, 2001, 115 Stat. 419; Pub.
L. 108–108, title I, (2), Nov. 10, 2003, 117 Stat. 1245;

Page 13

TITLE 30—MINERAL LANDS AND MINING

Pub. L. 110–161, div. F, title I, (3), Dec. 26, 2007,
121 Stat. 2101; Pub. L. 111–8, div. E, title I, Mar.
11, 2009, 123 Stat. 704; Pub. L. 111–88, div. A, title
I, Oct. 30, 2009, 123 Stat. 2907.)
CODIFICATION
Pub. L. 111–88, which directed the amendment of section 28g of title 30, United States Code, was executed by
making the amendment to section 10102 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 2009 Amendment note
below.
Pub. L. 110–161, which directed the amendment of section 28 of title 30, United States Code, ‘‘in section 28g’’,
was executed by making the amendment to section
10102 of Pub. L. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 2007
Amendment note below.
Pub. L. 108–108, which directed the amendment of section 28 of title 30, United States Code, ‘‘in section 28g’’,
was executed by making the amendment to section
10102 of Pub. L. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 2003
Amendment note below.
Pub. L. 107–63, which directed the amendment of section 28f(a) of title 30, United States Code, in section
28g, was executed by making the amendment to section
10102 of Pub. L. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 2001
Amendment note below.
Pub. L. 105–277, which directed the amendment of section 28g of title 30, United States Code, was executed by
making the amendment to section 10102 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 1998 Amendment note
below.
AMENDMENTS
2009—Pub. L. 111–88 substituted ‘‘, to the extent provided in advance in Appropriations Acts,’’ for ‘‘and before September 30, 2008,’’. See Codification note above.
Pub. L. 111–8, which directed the removal of the modifications made by Pub. L. 110–161, was executed by inserting ‘‘and before September 30, 2008,’’ before ‘‘pursuant to’’. See 2007 Amendment note below.
2007—Pub. L. 110–161 struck out ‘‘and before September 30, 2008,’’ before ‘‘pursuant to’’. See Codification
note above.
2003—Pub. L. 108–108 substituted ‘‘2008’’ for ‘‘2003’’.
See Codification note above.
2001—Pub. L. 107–63 substituted ‘‘2003’’ for ‘‘2001’’. See
Codification note above.
1998—Pub. L. 105–277 substituted ‘‘2001’’ for ‘‘1998’’.
See Codification note above.
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

§ 28h. Co-ownership
The co-ownership provisions of the Mining
Law of 1872 (30 U.S.C. 28) 1 shall remain in effect,
except that in applying such provisions, the annual claim maintenance fee required under this
Act shall, where applicable, replace applicable
assessment requirements and expenditures.
(Pub. L. 103–66, title X, § 10103, Aug. 10, 1993, 107
Stat. 406.)
REFERENCES IN TEXT
The Mining Law of 1872 (30 U.S.C. 28), referred to in
text, probably means act May 10, 1872, ch. 152, 17 Stat.
91, as amended. That act was incorporated into the Revised Statutes as R.S. §§ 2319 to 2328, 2331, 2333 to 2337,
1 See

References in Text note below.

§ 28j

and 2344, which are classified to sections 22 to 24, 26 to
28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this title. For
complete classification of R.S. §§ 2319 to 2328, 2331, 2333
to 2337, and 2344 to the Code, see Tables.
This Act, referred to in text, is Pub. L. 103–66, Aug.
10, 1993, 107 Stat. 312, known as the Omnibus Budget
Reconciliation Act of 1993. The annual claim maintenance fee required under this Act probably refers to the
fee required under section 28f of this title. For complete classification of this Act to the Code, see Tables.
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

§ 28i. Failure to pay
Failure to pay the claim maintenance fee or
the location fee as required by sections 28f to 28l
of this title shall conclusively constitute a forfeiture of the unpatented mining claim, mill or
tunnel site by the claimant and the claim shall
be deemed null and void by operation of law.
(Pub. L. 103–66, title X, § 10104, Aug. 10, 1993, 107
Stat. 406; Pub. L. 111–88, div. A, title I, Oct. 30,
2009, 123 Stat. 2908.)
CODIFICATION
Pub. L. 111–88, which directed the amendment of section 28i of title 30, United States Code, was executed by
making the amendment to section 10104 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 2009 Amendment note
below.
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.
AMENDMENTS
2009—Pub. L. 111–88 substituted ‘‘28l’’ for ‘‘28k’’. See
Codification note above.

§ 28j. Other requirements
(a) Federal Land Policy and Management Act requirements
Nothing in sections 28f to 28k of this title shall
change or modify the requirements of section
314(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(b)), or the requirements of section 314(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1744(c)) related to filings required by section
314(b), and such requirements shall remain in effect with respect to claims, and mill or tunnel
sites for which fees are required to be paid under
this section.
(b) Omitted
(c) Fee adjustments
(1) The Secretary of the Interior shall adjust
the fees required by sections 28f to 28k of this
title to reflect changes in the Consumer Price
Index published by the Bureau of Labor Statistics of the Department of Labor every 5 years
after August 10, 1993, or more frequently if the
Secretary determines an adjustment to be reasonable.
(2) The Secretary shall provide claimants notice of any adjustment made under this subsection not later than July 1 of any year in
which the adjustment is made.
(3) A fee adjustment under this subsection
shall begin to apply the first assessment year
which begins after adjustment is made.

TITLE 30—MINERAL LANDS AND MINING

§ 28k

(Pub. L. 103–66, title X, § 10105, Aug. 10, 1993, 107
Stat. 406.)
CODIFICATION
Section is comprised of section 10105 of Pub. L. 103–66.
Subsec. (b) of section 10105 of Pub. L. 103–66 amended
section 28 of this title.
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

§ 28k. Regulations
The Secretary of the Interior shall promulgate
rules and regulations to carry out the terms and
conditions of sections 28f to 28k of this title as
soon as practicable after August 10, 1993.
(Pub. L. 103–66, title X, § 10106, Aug. 10, 1993, 107
Stat. 407.)
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

§ 28l. Collection of mining law administration
fees
In fiscal year 2009 and each fiscal year thereafter, the Bureau of Land Management shall collect from mining claim holders the mining
claim maintenance fees and location fees; such
fees shall be collected in the same manner as authorized by sections 28f and 28g of this title only
to the extent provided in advance in appropriations Acts.
(Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123
Stat. 704; Pub. L. 111–88, div. A, title I, Oct. 30,
2009, 123 Stat. 2907.)
AMENDMENTS
2009—Pub. L. 111–88 substituted ‘‘from mining claim
holders the mining claim maintenance fees and location’’ for ‘‘mining law administration’’ and struck out
‘‘those’’ before ‘‘authorized’’.

§ 29. Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting plat and notice
on claim; publication and posting notice in
office; certificate; adverse claims; payment
per acre; objections; nonresident claimant’s
agent for execution of application and affidavits
A patent for any land claimed and located for
valuable deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under sections
21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71
to 76 of this title and section 661 of title 43, having claimed and located a piece of land for such
purposes, who has, or have, complied with the
terms of sections 21, 22 to 24, 26 to 28, 29, 30, 33
to 48, 50 to 52, 71 to 76 of this title, and section
661 of title 43, may file in the proper land office
an application for a patent, under oath, showing
such compliance, together with a plat and field
notes of the claim or claims in common, made
by or under the direction of the Director of the
Bureau of Land Management, showing accurately the boundaries of the claim or claims,
which shall be distinctly marked by monuments

Page 14

on the ground, and shall post a copy of such
plat, together with a notice of such application
for a patent, in a conspicuous place on the land
embraced in such plat previous to the filing of
the application for a patent, and shall file an affidavit of at least two persons that such notice
has been duly posted, and shall file a copy of the
notice in such land office, and shall thereupon
be entitled to a patent for the land, in the manner following: The register of the land office,
upon the filing of such application, plat, field
notes, notices, and affidavits, shall publish a notice that such application has been made, for
the period of sixty days, in a newspaper to be by
him designated as published nearest to such
claim; and he shall also post such notice in his
office for the same period. The claimant at the
time of filing this application, or at any time
thereafter, within the sixty days of publication,
shall file with the register a certificate of the
Director of the Bureau of Land Management
that $500 worth of labor has been expended or
improvements made upon the claim by himself
or grantors; that the plat is correct, with such
further description by such reference to natural
objects or permanent monuments as shall identify the claim, and furnish an accurate description, to be incorporated in the patent. At the expiration of the sixty days of publication the
claimant shall file his affidavit, showing that
the plat and notice have been posted in a conspicuous place on the claim during such period
of publication. If no adverse claim shall have
been filed with the register of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is
entitled to a patent, upon the payment to the
proper officer of $5 per acre, and that no adverse
claim exists; and thereafter no objection from
third parties to the issuance of a patent shall be
heard, except it be shown that the applicant has
failed to comply with the terms of sections 21, 22
to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76
of this title and section 661 of title 43. Where the
claimant for a patent is not a resident of or
within the land district wherein the vein, lode,
ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the
claimant for such patent may be made by his,
her, or its authorized agent, where said agent is
conversant with the facts sought to be established by said affidavits.
(R.S. § 2325; Jan. 22, 1880, ch. 9, § 1, 21 Stat. 61;
Mar. 3, 1925, ch. 462, 43 Stat. 1144, 1145; 1946
Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2325 derived from act May 10, 1872, ch. 152, § 6,
17 Stat. 92.
AMENDMENTS
1925—Act Mar. 3, 1925, affected words, in first sentence of text, now reading ‘‘United States supervisor of

Page 15

TITLE 30—MINERAL LANDS AND MINING

surveys,’’ and words, in next to last sentence of text,
now reading ‘‘register of the proper land office.’’ Those
words formerly read ‘‘United States surveyor general’’
and ‘‘register and receiver of the proper land office,’’
respectively. This act abolished the office of surveyor
general, and transferred to and consolidated with the
Field Surveying Service, under the jurisdiction of the
U.S. Supervisor of Surveys, the administration, equipment, etc., of such office, and consolidated the offices
and functions of the register and receiver.
TRANSFER OF FUNCTIONS
Director of the Bureau of Land Management substituted for United States Supervisor of Surveys wherever appearing. In the establishment of The Bureau of
Land Management by Reorg. Plan No. 3 of 1946, § 403,
eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in
the Appendix to Title 5, Government Organization and
Employees, the office of Supervisor of Surveys was
abolished and the functions and powers were transferred to the Secretary of the Interior, to be performed
by such officers or agencies of the Department as might
be designated by the Secretary. Under that authority,
the functions and powers formerly exercised by the Supervisor of Surveys were delegated to the Chief
Cadastral Engineer, subject to the supervision of the
Director of the Bureau of Land Management. In the
general reorganization and realignment of functions of
the Bureau, the office of the Chief Cadastral Engineer
was abolished, and the functions of that office have
been delegated to the Director of the Bureau of Land
Management. See 43 C.F.R. § 9180.0–3(a)(1).
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, set out in the Appendix to Title
5.
See also Transfer of Functions note set out under section 1 of this title.

§ 30. Adverse claims; oath of claimants; requisites; waiver; stay of land office proceedings; judicial determination of right of possession; successful claimants’ filing of judgment roll, certificate of labor, and description of claim in land office, and acreage and
fee payments; issuance of patents for entire
or partial claims upon certification of land
office proceedings and judgment roll; alienation of patent title
Where an adverse claim is filed during the period of publication, it shall be upon oath of the
person or persons making the same, and shall
show the nature, boundaries, and extent of such
adverse claim, and all proceedings, except the
publication of notice and making and filing of
the affidavit thereof, shall be stayed until the
controversy shall have been settled or decided
by a court of competent jurisdiction, or the adverse claim waived. It shall be the duty of the
adverse claimant, within thirty days after filing
his claim, to commence proceedings in a court
of competent jurisdiction, to determine the
question of the right of possession, and prosecute the same with reasonable diligence to
final judgment; and a failure so to do shall be a
waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice,
file a certified copy of the judgment roll with
the register of the land office, together with the
certificate of the Director of the Bureau of Land
Management that the requisite amount of labor

§ 30

has been expended or improvements made thereon, and the description required in other cases,
and shall pay to the register $5 per acre for his
claim, together with the proper fees, whereupon
the whole proceedings and the judgment roll
shall be certified by the register to the Director
of the Bureau of Land Management, and a patent shall issue thereon for the claim, or such
portion thereof as the applicant shall appear,
from the decision of the court, to rightly possess. If it appears from the decision of the court
that several parties are entitled to separate and
different portions of the claim, each party may
pay for his portion of the claim, with the proper
fees, and file the certificate and description by
the Director of the Bureau of Land Management
whereupon the register shall certify the proceedings and judgment roll to the Director of the
Bureau of Land Management, as in the preceding case, and patents shall issue to the several
parties according to their respective rights.
Nothing herein contained shall be construed to
prevent the alienation of the title conveyed by
a patent for a mining claim to any person whatever.
(R.S. § 2326; Mar. 3, 1925, ch. 462, 43 Stat. 1144,
1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100.)
CODIFICATION
R.S. § 2326 derived from act May 10, 1872, ch. 152, § 7,
17 Stat. 93.
AMENDMENTS
1925—Act Mar. 3, 1925, affected words, in third and
fourth sentences of text, now reading ‘‘United States
supervisor of surveys’’, and words, in third sentence of
text, now reading ‘‘pay to the register $5 per acre.’’
Such words formerly read ‘‘surveyor-general’’, and
‘‘pay to the receiver five dollars per acre’’, respectively. Such act is treated more fully in notes under
section 29 of this title.
TRANSFER OF FUNCTIONS
Director of the Bureau of Land Management substituted for United States Supervisor of Surveys following the words ‘‘certificate of the’’ in sentence beginning ‘‘After such judgment’’ and following the words
‘‘description by the’’ in sentence beginning ‘‘If it appears’’. In the establishment of the Bureau of Land
Management by Reorg. Plan No. 3 of 1946, § 403, eff. July
16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees, the office of Supervisor of Surveys was abolished
and the functions and powers were transferred to the
Secretary of the Interior, to be performed by such officers or agencies of the Department as might be designated by the Secretary. Under that authority, the
functions and powers formerly exercised by the Supervisor of Surveys were delegated to the Chief Cadastral
Engineer, subject to the supervision of the Director of
the Bureau of Land Management. In the general reorganization and realignment of functions of the Bureau,
the office of the Chief Cadastral Engineer was abolished, and the functions of that office have been delegated to the Director of the Bureau of Land Management. See 43 C.F.R. § 9180.0–3(a)(1).
‘‘Director of the Bureau of Land Management’’ was
substituted for ‘‘Commissioner of the General Land Office’’ following the words ‘‘register to the’’ in sentence
beginning ‘‘After such judgment’’ and in sentence beginning ‘‘If it appears’’ following the words ‘‘judgment
roll to the’’ on authority of Reorg. Plan No. 3 of 1946,
set § 403, set out in the Appendix to Title 5. Section 403
of Reorg. Plan No. 3 of 1946, abolished the office of the

TITLE 30—MINERAL LANDS AND MINING

§ 31

Commissioner of the General Land Office and consolidated the functions of the General Land Office with the
Grazing Service to form the Bureau of Land Management.
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, set out in the Appendix to Title
5.

§ 31. Oath: agent or attorney in fact, beyond district of claim
The adverse claim required by section 30 of
this title may be verified by the oath of any
duly authorized agent or attorney in fact of the
adverse claimant cognizant of the facts stated;
and the adverse claimant, if residing or at the
time being beyond the limits of the district
wherein the claim is situated, may make oath to
the adverse claim before the clerk of any court
of record of the United States or of the State or
Territory where the adverse claimant may then
be, or before any notary public of such State or
Territory.
(Apr. 26, 1882, ch. 106, § 1, 22 Stat. 49.)
§ 32. Findings by jury; costs
If, in any action brought pursuant to section
30 of this title, title to the ground in controversy shall not be established by either
party, the jury shall so find, and judgment shall
be entered according to the verdict. In such case
costs shall not be allowed to either party, and
the claimant shall not proceed in the land office
or be entitled to a patent for the ground in controversy until he shall have perfected his title.

Page 16

where patents have been or shall be issued for
claims upon unsurveyed lands, the Director of
the Bureau of Land Management in extending
the public survey, shall adjust the same to the
boundaries of said patented claims so as in no
case to interfere with or change the true location of such claims as they are officially established upon the ground. Where patents have issued for mineral lands, those lands only shall be
segregated and shall be deemed to be patented
which are bounded by the lines actually marked,
defined, and established upon the ground by the
monuments of the official survey upon which
the patent grant is based, and the Director of
the Bureau of Land Management in executing
subsequent patent surveys, whether upon surveyed or unsurveyed lands, shall be governed accordingly. The said monuments shall at all
times constitute the highest authority as to
what land is patented, and in case of any conflict between the said monuments of such patented claims and the descriptions of said claims
in the patents issued therefor the monuments on
the ground shall govern, and erroneous or inconsistent descriptions or calls in the patent descriptions shall give way thereto.
(R.S. § 2327; Apr. 28, 1904, ch. 1796, 33 Stat. 545;
Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60
Stat. 1100.)
CODIFICATION
R.S. § 2327 derived from act May 10, 1872, ch. 152, § 8,
17 Stat. 94.

(Mar. 3, 1881, ch. 140, 21 Stat. 505.)
§ 33. Existing rights
All patents for mining claims upon veins or
lodes issued prior to May 10, 1872, shall convey
all the rights and privileges conferred by sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to
52, 71 to 76 of this title and section 661 of title
43 where no adverse rights existed on the 10th
day of May, 1872.

AMENDMENTS
1925—Act Mar. 3, 1925, affected words now reading
‘‘United States supervisor of surveys’’ in first and second sentences of text. These words formerly read ‘‘the
surveyor-general.’’ This act abolished the office of surveyor general, and transferred to and consolidated with
the Field Surveying Service, under the jurisdiction of
the U.S. Supervisor of Surveys, the administration,
equipment, etc., of such office.

(R.S. § 2328.)
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
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.

Director of the Bureau of Land Management, substituted for United States Supervisor of Surveys wherever appearing. In the establishment of the Bureau of
Land Management by Reorg. Plan No. 3 of 1946, § 403,
eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in
the Appendix to Title 5, Government Organization and
Employees, the office of Supervisor of Surveys was
abolished and the functions and powers were transferred to the Secretary of the Interior, to be performed
by such officers or agencies of the Department as might
be designated by the Secretary. Under that authority,
the functions and powers formerly exercised by the Supervisor of Surveys were delegated to the Chief Cadastral Engineer, subject to the supervision of the Director of the Bureau of Land Management. In the general
reorganization and realignment of functions of the Bureau, the office of the Chief Cadastral Engineer was
abolished, and the functions of that office have been
delegated to the Director of the Bureau of Land Management. See 43 C.F.R. § 9180.0–3(a)(1).

CODIFICATION
R.S. § 2328 derived from act May 10, 1872, ch. 152, § 9,
17 Stat. 94.
Provision of this section respecting prosecution of applications for patents for mining claims in General
Land Office, pending May 10, 1872, was omitted from the
Code.

§ 34. Description of vein claims on surveyed and
unsurveyed lands; monuments on ground to
govern conflicting calls
The description of vein or lode claims upon
surveyed lands shall designate the location of
the claims with reference to the lines of the public survey, but need not conform therewith; but

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

Page 17

TITLE 30—MINERAL LANDS AND MINING

§ 35. Placer claims; entry and proceedings for
patent under provisions applicable to vein or
lode claims; conforming entry to legal subdivisions and surveys; limitation of claims;
homestead entry of segregated agricultural
land
Claims usually called ‘‘placers,’’ including all
forms of deposit, excepting veins of quartz, or
other rock in place, shall be subject to entry and
patent, under like circumstances and conditions, and upon similar proceedings, as are provided for vein or lode claims; but where the
lands have been previously surveyed by the
United States, the entry in its exterior limits
shall conform to the legal subdivisions of the
public lands. And where placer claims are upon
surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required, and all placer-mining claims located
after the 10th day of May 1872, shall conform as
near as practicable with the United States system of public-land surveys, and the rectangular
subdivisions of such surveys, and no such location shall include more than twenty acres for
each individual claimant; but where placer
claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of
mineral land in any legal subdivision a quantity
of agricultural land less than forty acres remains, such fractional portion of agricultural
land may be entered by any party qualified by
law, for homestead purposes.
(R.S. §§ 2329, 2331; Mar. 3, 1891, ch. 561, § 4, 26 Stat.
1097.)
CODIFICATION
R.S. § 2329 derived from act July 9, 1870, ch. 235, § 12,
16 Stat. 217.
R.S. § 2331 derived from act May 10, 1872, ch. 152, § 10,
17 Stat. 94.

§ 38

SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 37. Proceedings for patent where boundaries
contain vein or lode; application; statement
including vein or lode; issuance of patent:
acreage payments for vein or lode and placer
claim; costs of proceedings; knowledge affecting construction of application and scope
of patent
Where the same person, association, or corporation is in possession of a placer claim, and
also a vein or lode included within the boundaries thereof, application shall be made for a
patent for the placer claim, with the statement
that it includes such vein or lode, and in such
case a patent shall issue for the placer claim,
subject to the provisions of sections 21, 22 to 24,
26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this
title and section 661 of title 43, including such
vein or lode, upon the payment of $5 per acre for
such vein or lode claim, and twenty-five feet of
surface on each side thereof. The remainder of
the placer claim, or any placer claim not embracing any vein or lode claim, shall be paid for
at the rate of $2.50 per acre, together with all
costs of proceedings; and where a vein or lode,
such as is described in section 23 of this title, is
known to exist within the boundaries of a placer
claim, an application for a patent for such placer claim which does not include an application
for the vein or lode claim shall be construed as
a conclusive declaration that the claimant of
the placer claim has no right of possession of
the vein or lode claim; but where the existence
of a vein or lode in a placer claim is not known,
a patent for the placer claim shall convey all
valuable mineral and other deposits within the
boundaries thereof.
(R.S. § 2333.)

SUBMERGED LANDS ACT

REFERENCES IN TEXT

Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.

§ 36. Subdivisions of 10-acre tracts; maximum of
placer locations; homestead claims of agricultural lands; sale of improvements
Legal subdivisions of forty acres may be subdivided into ten-acre tracts; and two or more
persons, or associations of persons, having contiguous claims of any size, although such claims
may be less than ten acres each, may make joint
entry thereof; but no location of a placer claim,
made after the 9th day of July 1870, shall exceed
one hundred and sixty acres for any one person
or association of persons, which location shall
conform to the United States surveys; and nothing in this section contained shall defeat or impair any bona fide homestead claim upon agricultural lands, or authorize the sale of the improvements of any bona fide settler to any purchaser.
(R.S. § 2330; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097.)
CODIFICATION
R.S. § 2330 derived from act July 9, 1870, ch. 235, § 12,
16 Stat. 217.

CODIFICATION
R.S. § 2333 derived from act May 10, 1872, ch. 152, § 11,
17 Stat. 94.

§ 38. Evidence of possession and work to establish right to patent
Where such person or association, they and
their grantors, have held and worked their
claims for a period equal to the time prescribed
by the statute of limitations for mining claims
of the State or Territory where the same may be
situated, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto
under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to
48, 50 to 52, 71 to 76 of this title and section 661
of title 43, in the absence of any adverse claim;
but nothing in such sections shall be deemed to
impair any lien which may have attached in any
way whatever to any mining claim or property
thereto attached prior to the issuance of a patent.

§ 39

TITLE 30—MINERAL LANDS AND MINING

(R.S. § 2332.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2332 derived from act July 9, 1870, ch. 235, § 13,
16 Stat. 217.
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 39. Surveyors of mining claims
The Director of the Bureau of Land Management may appoint in each land district containing mineral lands as many competent surveyors
as shall apply for appointment to survey mining
claims. The expenses of the survey of vein or
lode claims, and the survey and subdivision of
placer claims into smaller quantities than one
hundred and sixty acres, together with the cost
of publication of notices, shall be paid by the applicants, and they shall be at liberty to obtain
the same at the most reasonable rates, and they
shall also be at liberty to employ any United
States deputy surveyor to make the survey. The
Director of the Bureau of Land Management
shall also have power to establish the maximum
charges for surveys and publication of notices
under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to
48, 50 to 52, 71 to 76 of this title and section 661
of title 43; and, in case of excessive charges for
publication, he may designate any newspaper
published in a land district where mines are situated for the publication of mining notices in
such district, and fix the rates to be charged by
such paper; and, to the end that the Director
may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by such applicant for publication and surveys, together with
all fees and money paid the register of the land
office, which statement shall be transmitted,
with the other papers in the case, to the Director of the Bureau of Land Management.
(R.S. § 2334; Mar. 3, 1925, ch. 462, 43 Stat. 1144,
1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2334 derived from act May 10, 1872, ch. 152, § 12,
17 Stat. 95.
AMENDMENTS
1925—Act Mar. 3, 1925, affected words in first sentence
of text, now reading ‘‘The United States supervisor of
surveys,’’ and words in third sentence of text, now reading ‘‘money paid the register of the Land Office.’’ Such
words formerly read ‘‘the surveyor-general of the
United States,’’ and ‘‘and money paid the register and

Page 18

the receiver of the land-office.’’ Such act is treated
more fully in note under section 29 of this title.
TRANSFER OF FUNCTIONS
Director of the Bureau of Land Management substituted for United States Supervisor of Surveys in sentence beginning ‘‘The Director of the Bureau of Land
Management may appoint’’. In the establishment of the
Bureau of Land Management by Reorg. Plan No. 3 of
1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,
set out in the Appendix to Title 5, Government Organization and Employees, the office of Supervisor of Surveys was abolished and the functions and powers were
transferred to the Secretary of the Interior, to be performed by such officers or agencies of the Department
as might be designated by the Secretary. Under that
authority, the functions and powers formerly exercised
by the Supervisor of Surveys were delegated to the
Chief Cadastral Engineer, subject to the supervision of
the Director of the Bureau of Land Management. In the
general reorganization and realignment of functions of
the Bureau, the office of the Chief Cadastral Engineer
was abolished, and the functions of that office have
been delegated to the Director of the Bureau of Land
Management. See 43 C.F.R. § 9180.0–3(a)(1).
In sentence beginning ‘‘The Director of the Bureau of
Land Management shall also have power’’, ‘‘Director of
the Bureau of Land Management’’ substituted for
‘‘Commissioner of the General Land Office’’ in two instances and ‘‘Director’’ for ‘‘Commissioner’’ on authority of Reorg. Plan No. 3 of 1946, § 403, set out in the Appendix to Title 5. Section 403 of Reorg. Plan No. 3 of
1946, abolished the office of the Commissioner of the
General Land Office and consolidated the functions of
the General Land Office with the Grazing Service to
form the Bureau of Land Management.
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, set out in the Appendix to Title
5.
See also note set out under section 1 of this title.

§ 40. Verification of affidavits
All affidavits required to be made under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to
52, 71 to 76 of this title, and section 661 of title
43 may be verified before any officer authorized
to administer oaths within the land district
where the claims may be situated, and all testimony and proofs may be taken before any such
officer, and, when duly certified by the officer
taking the same, shall have the same force and
effect as if taken before the register of the land
office. In cases of contest as to the mineral or
agricultural character of land, the testimony
and proofs may be taken as herein provided on
personal notice of at least ten days to the opposing party; or if such party cannot be found, then
by publication of at least once a week for thirty
days in a newspaper, to be designated by the register of the land office as published nearest to
the location of such land; and the register shall
require proof that such notice has been given.
(R.S. § 2335; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11
F.R. 7876, 60 Stat. 1100.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.

Page 19

TITLE 30—MINERAL LANDS AND MINING
CODIFICATION

R.S. § 2335 derived from act May 10, 1872, ch. 152, § 13,
17 Stat. 95.
AMENDMENTS
1925—Act Mar. 3, 1925, affected words in first sentence
of text, now reading ‘‘before the register of the land office.’’ Such words formerly read ‘‘before the register
and receiver of the land-office.’’ Such act is treated
more fully in note under section 29 of this title.
TRANSFER OF FUNCTIONS
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876,
60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees.
See also note set out under section 1 of this title.

§ 41. Intersecting or crossing veins
Where two or more veins intersect or cross
each other, priority of title shall govern, and
such prior location shall be entitled to all ore or
mineral contained within the space of intersection; but the subsequent location shall have the
right-of-way through the space of intersection
for the purposes of the convenient working of
the mine. And where two or more veins unite,
the oldest or prior location shall take the vein
below the point of union, including all the space
of intersection.

§ 46

vey and notice as are applicable to placers. No
location made of such nonmineral land shall exceed five acres and payment for the same shall
be made at the rate applicable to placer claims
which do not include a vein or lode.
(R.S. § 2337; Pub. L. 86–390, Mar. 18, 1960, 74 Stat.
7.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in subsec. (a), were in the original ‘‘this chapter’’,
meaning chapter 6 of title 32 of the Revised Statutes,
consisting of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2337 derived from act May 10, 1872, ch. 152, § 15,
17 Stat. 96.
AMENDMENTS
1960—Pub. L. 86–390 designated existing provisions as
subsec. (a) and added subsec. (b).

§ 43. Conditions of sale by local legislature
As a condition of sale, in the absence of necessary legislation by Congress, the local legislature of any State or Territory may provide rules
for working mines, involving easements, drainage, and other necessary means to their complete development; and those conditions shall be
fully expressed in the patent.
(R.S. § 2338.)
CODIFICATION

(R.S. § 2336.)
CODIFICATION

R.S. § 2338 derived from act July 26, 1866, ch. 262, § 5,
14 Stat. 252.

R.S. § 2336 derived from act May 10, 1872, ch. 152, § 14,
17 Stat. 96.

SUBMERGED LANDS ACT

§ 42. Patents for nonmineral lands: application,
survey, notice, acreage limitation, payment

Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

(a) Vein or lode and mill site owners eligible
Where nonmineral land not contiguous to the
vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling
purposes, such nonadjacent surface ground may
be embraced and included in an application for
a patent for such vein or lode, and the same may
be patented therewith, subject to the same preliminary requirements as to survey and notice
as are applicable to veins or lodes; but no location made on and after May 10, 1872, of such nonadjacent land shall exceed five acres, and payment for the same must be made at the same
rate as fixed by sections 21, 22 to 24, 26 to 28, 29,
30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43 for the superficies of the lode.
The owner of a quartz mill or reduction works,
not owning a mine in connection therewith, may
also receive a patent for his mill site, as provided in this section.
(b) Placer claim owners eligible
Where nonmineral land is needed by the proprietor of a placer claim for mining, milling,
processing, beneficiation, or other operations in
connection with such claim, and is used or occupied by the proprietor for such purposes, such
land may be included in an application for a patent for such claim, and may be patented therewith subject to the same requirements as to sur-

§§ 44, 45. Omitted
CODIFICATION
Section 44, R.S. § 2341; act Mar. 3, 1891, ch. 561, § 4, 26
Stat. 1097, provided for extension of provisions of
Homestead laws to citizens of United States who had
prior to 1874 located on lands designated prior to 1866 as
mineral lands, and improved them for agricultural purposes, provided no valuable mineral deposits had been
discovered thereon.
Section 45, R.S. § 2342; act Mar. 3, 1891, ch. 561, § 4, 26
Stat. 1097, provided for setting apart the lands as agricultural.

§ 46. Additional land districts and officers
The President is authorized to establish additional land districts, and to appoint the necessary officers under existing laws, wherever he
may deem the same necessary for the public
convenience in executing the provisions of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to
52, 71 to 76 of this title and section 661 of title
43.
(R.S. § 2343.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 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,
14 Stat. 252.

R.S. § 2345 derived from act Feb. 18, 1873, ch. 159, 17
Stat. 465.

DELEGATION OF FUNCTIONS

AMENDMENTS

For delegation to the Secretary of the Interior of authority vested in the President by this section, see Ex.
Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a
note under section 301 of Title 3, The President.
SUBMERGED LANDS ACT

1920—The exception clause has been inserted at beginning of this section because of act Feb. 25, 1920, which
provided that deposits of coal, phosphate, sodium, oil,
oil shale, or gas, and lands containing such deposits
owned by the United States, shall be subject to disposition in the form and manner provided by this act.

Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 49. Lands in Missouri and Kansas; disposal as
agricultural lands

§ 47. Impairment of rights or interests in certain
mining property
Nothing contained in sections 21, 22 to 24, 26 to
28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title
and section 661 of title 43 shall be construed to
impair in any way, rights or interests in mining
property acquired under laws in force prior to
July 9, 1870; nor to affect the provisions of the
act entitled ‘‘An act granting to A. Sutro the
right-of-way and other privileges to aid in the
construction of a draining and exploring tunnel
to the Comstock lode, in the State of Nevada’’,
approved July 25, 1866.
(R.S. § 2344.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2344 derived from acts July 9, 1870, ch. 235, § 17,
16 Stat. 218; May 10, 1872, ch. 152, § 16, 17 Stat. 96.
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 48. Lands in Michigan, Wisconsin, and Minnesota; sale and disposal as public lands
Except as otherwise provided in chapter 3A of
this title, the provisions of sections 21, 22 to 24,
26 to 28, 29, 30, 33 to 47, 51, and 52 of this title and
section 661 of title 43 shall not apply to the mineral lands situated in the States of Michigan,
Wisconsin, and Minnesota, which are declared
free and open to exploration and purchase, according to legal subdivisions, in like manner as
before the 10th day of May 1872. And any bona
fide entries of such lands within the States
named since the 10th day of May 1872 may be
patented without reference to such sections of
this title. Such lands shall be offered for public
sale in the same manner, and at the same minimum price, as other public lands.
(R.S. § 2345; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097;
Feb. 25, 1920, ch. 85, § 1, 41 Stat. 437.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 47, 51 and
52 of this title and section 661 of title 43, referred to in
text, were in the original ‘‘the preceding provisions of
this chapter’’, meaning chapter 6 of title 32 of the Revised Statutes, consisting of R.S. §§ 2318 to 2344.

Except as otherwise provided in chapter 3A of
this title, within the States of Missouri and
Kansas deposits of coal, iron, lead, or other mineral are excluded from the operation of sections
22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and
47 of this title, and all lands in said States shall
be subject to disposal as agricultural lands.
(May 5, 1876, ch. 91, 19 Stat. 52; Feb. 25, 1920, ch.
85, § 1, 41 Stat. 437.)
REFERENCES IN TEXT
Sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42,
and 47 of this title, referred to in text, were in the
original ‘‘the act entitled ‘An act to promote the development of mining resources of the United States’ approved May tenth, eighteen hundred and seventy-two’’,
meaning act May 10, 1872, ch. 152, 17 Stat. 91, popularly
known as the Mining Act of 1872. That act was incorporated into the Revised Statutes as R.S. §§ 2319 to 2328,
2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and
47 of this title. For complete classification of R.S.
§§ 2319 to 2328, 2331, 2333 to 2337, and 2344 to the Code, see
Tables.
AMENDMENTS
1920—The exception clause has been inserted at beginning of this section because of act Feb. 25, 1920, which
provided that deposits of coal, phosphate, sodium, oil,
oil shale, or gas, and lands containing such deposits
owned by the United States, shall be subject to disposition in the form and manner provided by such act.

§ 49a. Mining laws of United States extended to
Alaska; exploration and mining for precious
metals; regulations; conflict of laws; permits;
dumping tailings; pumping from sea; reservation of roadway; title to land below line of
high tide or high-water mark; transfer of
title to future State
The laws of the United States relating to mining claims, mineral locations, and rights incident thereto are extended to the Territory of
Alaska: Provided, That, subject only to the laws
enacted by Congress for the protection and preservation of the navigable waters of the United
States, and to the laws for the protection of fish
and game, and subject also to such general rules
and regulations as the Secretary of the Interior
may prescribe for the preservation of order and
the prevention of injury to the fish and game,
all land below the line of ordinary high tide on
tidal waters and all land below the line of ordinary high-water mark on nontidal water navigable in fact, within the jurisdiction of the
United States, shall be subject to exploration
and mining for gold and other precious metals,
and in the Chilkat River, and its tributaries,
within two and three-tenths miles of United

Page 21

TITLE 30—MINERAL LANDS AND MINING

States survey numbered 991 for all metals, by
citizens of the United States, or persons who
have legally declared their intentions to become
such, under such reasonable rules and regulations as the miners in organized mining districts
may have heretofore made or may hereafter
make governing the temporary possession thereof for exploration and mining purposes until
otherwise provided by law: Provided further,
That the rules and regulations established by
the miners shall not be in conflict with the mining laws of the United States; and no exclusive
permit shall be granted by the Secretary of the
Interior authorizing any person or persons, corporation, or company to excavate or mine under
any of said waters, and if such exclusive permit
has been granted it is revoked and declared null
and void. The rules and regulations prescribed
by the Secretary of the Interior under this section shall not, however, deprive miners on the
beach of the right given to dump tailings into or
pump from the sea opposite their claims, except
where such dumping would actually obstruct
navigation or impair the fish and game, and the
reservation of a roadway sixty feet wide under
section 687a–2 1 of title 43, shall not apply to
mineral lands or town sites. No person shall acquire by virtue of this section any title to any
land below the line of ordinary high tide or the
line of ordinary high-water mark, as the case
may be, of the waters described in this section.
Any rights or privileges acquired hereunder with
respect to mining operations in land, title to
which is transferred to a future State upon its
admission to the Union and which is situated
within its boundaries, shall be terminable by
such State, and the said mining operations shall
be subject to the laws of such State.
(June 6, 1900, ch. 786, title I, § 26, 31 Stat. 329;
May 31, 1938, ch. 297, 52 Stat. 588; Aug. 8, 1947, ch.
514, § 1, 61 Stat. 916; Pub. L. 85–662, Aug. 14, 1958,
72 Stat. 615.)

§ 49c

1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.
NON-IMPAIRMENT OF VALID CLAIMS AND RIGHTS
Act Aug. 8, 1947, ch. 514, § 2, 61 Stat. 916, provided:
‘‘Nothing in this Act [amending this section] shall be
deemed to affect or impair any valid claims, rights or
privileges, including possessory claims under the first
proviso of section 8 of the Act of May 17, 1884 (23 Stat.
26) [25 U.S.C. 280a], arising under any other provision of
law.’’

§ 49b. Mining laws relating to placer claims extended to Alaska
The general mining laws of the United States
so far as they are applicable to placer-mining
claims, as prior to May 4, 1934, extended to the
Territory of Alaska, are declared to be in full
force and effect in said Territory: Provided, That
nothing herein shall be held to change or affect
the rights acquired by locators or owners of
placer-mining claims prior to May 4, 1934, located in said Territory under act August 1, 1912
(37 Stat. 242, 243) and amendatory act March 3,
1925 (43 Stat. 1118).
(May 4, 1934, ch. 211, § 2, 48 Stat. 663.)
REFERENCES IN TEXT
Act August 1, 1912 (37 Stat. 242, 243) and amendatory
act March 3, 1925 (43 Stat. 1118), referred to in text,
were repealed by section 1 of act May 4, 1934. See sections 35 to 37 and 49b of this title.
CODIFICATION
Section was formerly classified to sections 119 and
381a of Title 48, Territories and Insular Possessions.
EFFECTIVE DATE
Act May 4, 1934, ch. 211, § 3, 48 Stat. 663, provided that:
‘‘This Act [enacting this section] shall take effect thirty days subsequent to the date of convening of the first
regular session of the Alaska Territorial Legislature
which is held after the passage of this Act [May 4,
1934].’’

REFERENCES IN TEXT

ADMISSION OF ALASKA AS STATE

Section 687a–2 of title 43, referred to in text, was repealed by Pub. L. 94–579, title VII, §§ 703(a), 704(a), Oct.
21, 1976, 90 Stat. 2789, 2792.

Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.

CODIFICATION
Section was formerly classified to section 381 of Title
48, Territories and Insular Possessions.
AMENDMENTS
1958—Pub. L. 85–662 substituted ‘‘fish and game’’ for
‘‘fisheries’’ in three places, and inserted provisions permitting mining for all metals in Chilkat River, and its
tributaries, within two and three-tenths miles of
United States survey numbered 991.
1947—Act Aug. 8, 1947, permitted exploration for and
mining of gold and other precious metals in beds of
navigable streams.
1938—Act May 31, 1938, extended waters subject to exploration and mining for gold to include all water on
shores, bays, and inlets of Alaska, and substituted Secretary of the Interior for Secretary of War, among
other changes.
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 See

References in Text note below.

§ 49c. Recording notices of location of Alaskan
mining claims
Notices of location of mining claims shall be
filed for record within ninety days from the date
of the discovery of the claim described in the notice, and all instruments shall be recorded in the
recording district in which the property or subject matter affected by the instrument is situated, and where the property or subject matter
is not situated in any established recording district the instrument affecting the same shall be
recorded in the office of the clerk of the division
of the court having supervision over the recording division in which such property or subject
matter is situated.
(June 6, 1900, ch. 786, title I, § 15, 31 Stat. 327.)
CODIFICATION
Section is comprised of the proviso of section 15 of
act June 6, 1900, which was formerly classified to sec-

§ 49d

TITLE 30—MINERAL LANDS AND MINING

tion 382 of Title 48, Territories and Insular Possessions.
The remainder of section 15, which was formerly classified to section 119 of Title 48, was omitted from the
Code.

§ 49d. Miners’ regulations for recording notices
in Alaska; certain records legalized
Miners in any organized mining district may
make rules and regulations governing the recording of notices of location of mining claims,
water rights, flumes and ditches, mill sites and
affidavits of labor, not in conflict with this Act
or the general laws of the United States; and
nothing in this Act shall be construed so as to
prevent the miners in any regularly organized
mining district not within any recording district established by the court from electing
their own mining recorder to act as such until a
recorder therefor is appointed by the court: Provided further, All records regularly made by the
United States commissioner prior to June 6,
1900, at Dyea, Skagway, and the recorder at
Douglas City, not in conflict with any records
regularly made with the United States commissioner at Juneau, are legalized. And all records
made in good faith prior to June 6, 1900, in any
regularly organized mining district are made
public records.
(June 6, 1900, ch. 786, title I, § 16, 31 Stat. 328.)
REFERENCES IN TEXT
This Act, referred to in text, means act June 6, 1900,
ch. 786, 31 Stat. 321, as amended. For complete classification of title I of this act to the Code, see Tables.
Title III of this act provided for the Alaska Civil Code.
CODIFICATION
Section is comprised of the two provisos of section 16
of act June 6, 1900, and part of the last sentence of that
section, which were formerly classified to section 383 of
Title 48, Territories and Insular Possessions. The remainder of section 16 (excluding the last sentence)
which was formerly classified to section 120 of Title 48,
was omitted from the Code.

§ 49e. Annual labor or improvements on Alaskan
mining claims; affidavits; burden of proof;
forfeitures; location anew of claims; perjury
During each year and until patent has been issued therefor, at least $100 worth of labor shall
be performed or improvements made on, or for
the benefit or development of, in accordance
with existing law, each mining claim in Alaska
heretofore or hereafter located. And the locator
or owner of such claim or some other person
having knowledge of the facts may also make
and file with the said recorder of the district in
which the claims shall be situated an affidavit
showing the performance of labor or making of
improvements to the amount of $100 as aforesaid
and specifying the character and extent of such
work. Such affidavits shall set forth the following: First, the name or number of the mining
claims and where situated; second, the number
of days’ work done and the character and value
of the improvements placed thereon; third, the
date of the performance of such labor and of
making improvements; fourth, at whose instance the work was done or the improvements
made; fifth, the actual amount paid for work
and improvement, and by whom paid when the
same was not done by the owner. Such affidavit

Page 22

shall be prima facie evidence of the performance
of such work or making of such improvements,
but if such affidavits be not filed within the
time fixed by this section the burden of proof
shall be upon the claimant to establish the performance of such annual work and improvements. And upon failure of the locator or owner
of any such claim to comply with the provisions
of this section, as to performance of work and
improvements, such claim shall become forfeited and open to location by others as if no location of the same had ever been made. The affidavits required may be made before any officer
authorized to administer oaths, and the provisions of sections 1621 and 1622 of title 18, are extended to such affidavits. Said affidavits shall be
filed not later than ninety days after the close
of the year in which such work is performed.
(Mar. 2, 1907, ch. 2559, § 1, 34 Stat. 1243.)
CODIFICATION
‘‘Sections 1621 and 1622 of title 18’’ substituted in text
for ‘‘sections fifty-three hundred and ninety-two and
fifty-three hundred ninety-three of the Revised Statutes’’, which had been classified to section 231 and 232
of former Title 18, Criminal Code and Criminal Procedure, on authority of act June 25, 1948, ch. 645, 62 Stat.
683, the first section of which enacted Title 18, Crimes
and Criminal Procedure.
Section was formerly classified to section 384 of Title
48, Territories and Insular Possessions.
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.

§ 49f. Fees of recorders in Alaska for filing proofs
of work and improvements
The recorders for the several divisions or districts of Alaska shall collect the sum of $1.50 as
a fee for the filing, recording, and indexing annual proofs of work and improvements for each
claim so recorded under the provisions of section 49e of this title.
(Mar. 2, 1907, ch. 2559, § 2, 34 Stat. 1243.)
CODIFICATION
Section was formerly classified to section 385 of Title
48, Territories and Insular Possessions.
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.

§ 50. Grants to States or corporations not to include mineral lands
No act passed at the first session of the Thirty-eighth Congress, granting lands to States or
corporations to aid in the construction of roads
or for other purposes, or to extend the time of
grants made prior to the 30th day of January
1865 shall be so construed as to embrace mineral
lands, which in all cases are reserved exclusively
to the United States, unless otherwise specially
provided in the act or acts making the grant.

Page 23

TITLE 30—MINERAL LANDS AND MINING

(R.S. § 2346.)
REFERENCES IN TEXT
The first session of the Thirty-eighth Congress, referred to in text, was begun Dec. 7, 1863, and ended July
4, 1864, 13 Stat. 1 to 417, contain legislation passed at
such session.
CODIFICATION
R.S. § 2346 derived from Res. Jan. 30, 1865, No. 10, 13
Stat. 567.

§ 51. Water users’ vested and accrued rights; enumeration of uses; protection of interest;
rights-of-way for canals and ditches; liability
for injury or damage to settlers’ possession
Whenever, by priority of possession, rights to
the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of
such vested rights shall be maintained and protected in the same; and the right-of-way for the
construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public
domain, the party committing such injury or
damage shall be liable to the party injured for
such injury or damage.
(R.S. § 2339.)
REPEALS
Provision of this section, ‘‘and the right-ofway for the construction of ditches and canals
for the purposes herein specified is acknowledged and confirmed; but whenever any person,
in the construction of any ditch or canal, injures or damages the possession of any settler
on the public domain, the party committing
such injury or damage shall be liable to the
party injured for such injury or damage.’’ was
repealed by Pub. L. 94–579, title VII, § 706(a),
Oct. 21, 1976, 90 Stat. 2793, effective on and
after Oct. 21, 1976, insofar as applicable to the
issuance of rights-of-way over, upon, under,
and through the public lands and lands in the
National Forest System.
CODIFICATION
R.S. § 2339 derived from act July 26, 1866, ch. 262, § 9,
14 Stat. 253.
Section is also set out as the first par. of section 661
of Title 43, Public Lands.
SAVINGS PROVISION
Repeal by Pub. L. 94–579, title VII, § 706(a), Oct. 21,
1976, 90 Stat. 2793, insofar as applicable to the issuance
of rights-of-way not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21,
1976, see note set out under section 1701 of Title 43, Public Lands.
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 52. Patents or homesteads subject to vested and
accrued water rights
All patents granted, or homesteads allowed,
shall be subject to any vested and accrued water

§ 54

rights, or rights to ditches and reservoirs used
in connection with such water rights, as may
have been acquired under or recognized by section 51 of this title.
(R.S. § 2340; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097.)
REPEALS
Provision of this section, ‘‘, or rights to
ditches and reservoirs used in connection with
such water rights,’’ was repealed by Pub. L.
94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat.
2793, effective on and after Oct. 21, 1976, insofar
as applicable to the issuance of rights-of-way
over, upon, under, and through the public
lands and lands in the National Forest System.
CODIFICATION
R.S. § 2340 derived from act July 9, 1870, ch. 235, § 17,
16 Stat. 218.
Section is also set out as the second par. of section
661 of Title 43, Public Lands.
SAVINGS PROVISION
Repeal by Pub. L. 94–579, title VII, § 706(a), Oct. 21,
1976, 90 Stat. 2793, insofar as applicable to the issuance
of rights-of-way not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21,
1976, see note set out under section 1701 of Title 43, Public Lands.
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 53. Possessory actions for recovery of mining
titles or for damages to such title
No possessory action between persons, in any
court of the United States, for the recovery of
any mining title, or for damages to any such
title, shall be affected by the fact that the paramount title to the land in which such mines lie
is in the United States; but each case shall be
adjudged by the law of possession.
(R.S. § 910.)
CODIFICATION
R.S. § 910 derived from act Feb. 27, 1865, ch. 64, § 9, 13
Stat. 441.
Section was formerly classified to section 690 of Title
28 prior to the general revision and enactment of Title
28, Judiciary and Judicial Procedure, by act June 25,
1948, ch. 646, § 1, 62 Stat. 869.

§ 54. Liability for damages to stock raising and
homestead entries by mining activities
Notwithstanding the provisions of any Act of
Congress to the contrary, any person who on and
after June 21, 1949 prospects for, mines, or removes by strip or open pit mining methods, any
minerals from any land included in a stock raising or other homestead entry or patent, and who
had been liable under such an existing Act only
for damages caused thereby to the crops or improvements of the entryman or patentee, shall
also be liable for any damage that may be
caused to the value of the land for grazing by
such prospecting for, mining, or removal of minerals. Nothing in this section shall be considered
to impair any vested right in existence on June
21, 1949.
(June 21, 1949, ch. 232, § 5, 63 Stat. 215.)

TITLE 30—MINERAL LANDS AND MINING

§ 71

SIMILAR PROVISIONS
Provisions similar to this section were contained in
act June 17, 1949, ch. 221, § 2, 63 Stat. 201.

CHAPTER 3—LANDS CONTAINING COAL, OIL,
GAS, SALTS, ASPHALTIC MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
SUBCHAPTER I—COAL LAND ENTRIES IN
GENERAL
71.

72.
73.
74.
75.
76.
77.

Entry of unappropriated or unreserved Federal coal lands; eligibility; application;
acreage limitation; price per acre.
Preference right of coal mine entry; acreage
limitation.
Presentation of claims.
Number of coal land entries; other entries
upon noncompliance with conditions.
Conflicting claims upon coal lands; rules and
regulations.
Reservation of rights upon coal lands; sale of
certain mining lands.
Alabama coal lands; agricultural entry.

SUBCHAPTER II—COAL LAND ENTRIES UNDER
NONMINERAL LAND LAWS WITH RESERVATION
OF COAL TO UNITED STATES
81.

82.
83.
84.
85.
86.

87.
88.
89.
90.

Rights of entrymen of lands subsequently
classified as coal lands; disposal of coal deposits.
New or supplemental patents, in case of lands
subsequently classified as noncoal.
Homestead or desert-land and other entries.
Applications for entry.
Patents for lands, with reservation of coal;
disposal of coal deposits.
Disposition of lands in Indian reservations
with reservation of coal; examination and
appraisal of lands.
Statements in application; patents.
Disposition of coal by United States.
Disposition of proceeds.
Selection of coal lands by States; sale in isolated or disconnected tracts.

SUBCHAPTER III—PETROLEUM, OTHER MINERAL
OIL, OR GAS LAND ENTRIES UNDER MINING
LAWS
101.
102.
103.

104.

Omitted.
Assessment work on contiguous oil lands, located as claims, of same owner.
Patents for oil or gas lands not denied because of transfer before discovery of oil or
gas; acreage limitation; nonapplication to
withdraw lands.
Agreements with applicants for patents as to
disposition of oil or gas, or proceeds thereof, pending determination of title; Navy Petroleum Fund.

SUBCHAPTER IV—HOMESTEAD ENTRY OF LANDS
IN UTAH, WITHDRAWN OR CLASSIFIED AS OIL
LANDS
111 to 113. Repealed.
SUBCHAPTER
V—AGRICULTURAL
ENTRY
OF
LANDS WITHDRAWN OR CLASSIFIED AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL,
GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR
121.

122.

Sec.

123.
124.

125.

Agricultural entry or purchase of lands withdrawn or classified as containing phosphate,
nitrate, potash, oil, or gas; reservations to
United States; application.
Patents; reservation in the United States of
reserved deposits; acquisition of right to remove deposits; application for entry to disprove classification.

Persons locating lands subsequently withdrawn or classified; patents to.
Agricultural entry or purchase of lands withdrawn or classified as containing sodium or
sulphur.
Patents in North Platte Reclamation Project;
mineral rights; subrogation.

SUBCHAPTER VI—LOCATION OF PHOSPHATE
ROCK LANDS UNDER PLACER-MINING LAWS
131.

Sec.

Page 24

Omitted.

SUBCHAPTER VII—PERMITS TO PROSPECT FOR
CHLORIDES,
SULPHATES,
CARBONATES,
BORATES, SILICATES, OR NITRATES OF POTASSIUM
141 to 152. Repealed.
SUBCHAPTER VIII—BUILDING STONE OR SALINE
LAND ENTRIES UNDER PLACER-MINING LAWS
161.
162.

Entry of building-stone lands; previous law
unaffected.
Entry of saline lands; limitation.

SUBCHAPTER IX—DISPOSAL OF ALABAMA LANDS
AS AGRICULTURAL LANDS
171.
172.

Disposal as agricultural lands.
Certain Alabama lands subject to homestead
entry.

SUBCHAPTER I—COAL LAND ENTRIES IN
GENERAL
§ 71. Entry of unappropriated or unreserved Federal coal lands; eligibility; application; acreage limitation; price per acre
Every person above the age of twenty-one
years, who is a citizen of the United States, or
who has declared his intention to become such,
or any association of persons severally qualified
as above, shall, upon application to the register
of the proper land office, have the right to enter,
by legal subdivisions, any quantity of vacant
coal lands of the United States not otherwise
appropriated or reserved by competent authority, not exceeding one hundred and sixty acres
to such individual person, or three hundred and
twenty acres to such association, upon payment
to the register of not less than $10 per acre for
such lands, where the same shall be situated
more than fifteen miles from any completed
railroad, and not less than $20 per acre for such
lands as shall be within fifteen miles of such
road.
(R.S. § 2347; Mar. 3, 1925, ch. 462, 43 Stat. 1145.)
CODIFICATION
R.S. § 2347 derived from act Mar. 3, 1873, ch. 279, § 1, 17
Stat. 607.
AMENDMENTS
1925—Act Mar. 3, 1925, affected words which now read
‘‘upon payment to the register of not less than.’’ Such
words originally read ‘‘upon payment to the receiver of
not less than.’’ Such act consolidated the offices of receiver and register.
TRANSFER OF FUNCTIONS
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876,
60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees.