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«TITLE 30MINERAL LANDS AND MINING CHAPTER 2MINERAL LANDS AND REGULATIONS IN GENERAL Sec. 22. Lands open to purchase by citizens Except as otherwise ...»

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TITLE 30--MINERAL LANDS AND MINING

CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL

Sec. 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.

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

Words ``Except as otherwise provided,'' were editorially supplied on authority of act Feb. 25, 1920, ch. 85, 41 Stat. 437, popularly known as the Mineral Lands Leasing Act, which is classified to chapter 3A (Sec. 181 et seq.) of this title.

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''.

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL

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

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL

Sec. 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 to76 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. Sec. 2321.)

–  –  –

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

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CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL

Sec. 25. Affidavit of citizenship Applicants for mineral patents, if residing beyond the limits of the district wherein the claim is situated, may make any oath or affidavit required for proof of citizenship before the clerk of any court of record or before any notary public of any State or Territory.

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

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CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL

Sec. 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. Sec. 2322.)

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CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL

Sec. 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. Sec. 2323.)

–  –  –

CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL

Sec. 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.

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

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CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL

Sec. 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, Sec. 2, Sept. 2, 1958, 72 Stat. 1701.)

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CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL

Sec. 28. Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground;

records; annual labor or improvements on claims pending issue of patent; co-owner's succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining claim, subject to the following requirements: The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims made after May 10, 1872, shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the 10th day of May 1872, that is granted a waiver under section 28f of this title, and until a patent has been issued therefor, not less than $100 worth of labor shall be performed or improvements made during each year. On all claims located prior to the 10th day of May 1872, $10 worth of labor shall be performed or improvements made each year, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such claims are held in common, such expenditure may be made upon any one claim; and upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location. Upon the failure of any one of several coowners to contribute his proportion of the expenditures required hereby, the coowners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his co-owners who have made the required expenditures. The period within which the work required to be done annually on all unpatented mineral claims located since May 10, 1872, including such claims in the Territory of Alaska, shall commence at 12 o'clock meridian on the 1st day of September succeeding the date of location of such claim.

Where a person or company has or may run a tunnel for the purposes of developing a lode or lodes, owned by said person or company, the money so expended in said tunnel shall be taken and considered as expended on said lode or lodes, whether located prior to or since May 10, 1872; and such person or company shall not be required to perform work on the surface of said lode or lodes in order to hold the same as required by this section. On all such valid claims the annual period ending December 31, 1921, shall continue to 12 o'clock meridian July 1, 1922.

(R.S. Sec. 2324; Feb. 11, 1875, ch. 41, 18 Stat. 315; Jan. 22, 1880, ch.

9, Sec. 2, 21 Stat. 61; Aug. 24, 1921, ch. 84, 42 Stat. 186; Pub. L. 85Sec. 1, Aug. 23, 1958, 72 Stat. 829; Pub. L. 103-66, title X, Sec. 10105(b), Aug. 10, 1993, 107 Stat. 406.)

–  –  –

1993--Pub. L. 103-66 inserted ``that is granted a waiver under section 28f of this title,'' after ``On each claim located after the 10th day of May 1872,''.

1958--Pub. L. 85-736 changed period for doing annual assessment work on unpatented mineral claims, substituting ``1st day of September'' for ``1st day of July''.

Admission of Alaska as State

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

Assessment Work Years, 1957-58 and 1958-59

Section 2 of Pub. L. 85-736 provided that the period commencing in 1957 for the performance of annual assessment work under this section shall end at 12 o'clock meridian on the 1st day of July 1958, and the period commencing in 1958 for the performance of such annual assessment work shall commence at 12 o'clock meridian on the 1st day of July 1958, and shall continue to 12 o'clock meridian on Sept. 1, 1959.

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