dreamproit/uscode huggingface dataset:
30 U.S.C. § 49e (MINERAL LANDS AND MINING)
§ 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 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.)
heading: Editorial Notes
heading: Codification
text: “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.
heading: Executive Documents
heading: Admission of Alaska as State
text: 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.
30 U.S.C. § 49f (MINERAL LANDS AND MINING)
§ 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.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 385 of Title 48, Territories and Insular Possessions.
heading: Executive Documents
heading: Admission of Alaska as State
text: 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.
30 U.S.C. § 50 (MINERAL LANDS AND MINING)
§ 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.
(R.S. § 2346.)
heading: Editorial Notes
heading: References in Text
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.
heading: Codification
text: R.S. § 2346 derived from Res. Jan. 30, 1865, No. 10, 13 Stat. 567.
30 U.S.C. § 51 (MINERAL LANDS AND MINING)
§ 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.1
(R.S. § 2339.)
heading: Editorial Notes
heading: Codification
text: 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.
heading: Statutory Notes and Related Subsidiaries
heading: Repeal; Savings Provision
text: Provision of this section, “and the right-of-way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.” was repealed by Pub. L. 94–579, title VII, § 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. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands.
heading: Submerged Lands Act
text: Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.
30 U.S.C. § 52 (MINERAL LANDS AND MINING)
§ 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 rights, or rights to ditches and reservoirs used in connection with such water rights,1 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.)
heading: Editorial Notes
heading: Codification
text: 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.
heading: Statutory Notes and Related Subsidiaries
heading: Repeal; Savings Provision
text: 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. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands.
heading: Submerged Lands Act
text: Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.
30 U.S.C. § 53 (MINERAL LANDS AND MINING)
§ 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.)
heading: Editorial Notes
heading: Codification
text: 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.
30 U.S.C. § 54 (MINERAL LANDS AND MINING)
§ 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.)
heading: Statutory Notes and Related Subsidiaries
heading: Similar Provisions
text: Provisions similar to this section were contained in act June 17, 1949, ch. 221, § 2, 63 Stat. 201.
30 U.S.C. § 71 (MINERAL LANDS AND MINING)
§ 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.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2347 derived from act Mar. 3, 1873, ch. 279, § 1, 17 Stat. 607.
heading: Amendments
text: 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.
heading: Executive Documents
heading: Transfer of Functions
text: 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.
heading: Indian Lands Excepted
text: Commenting on this section and sections 72 to 76 of this title the Department of the Interior says:
“While there may be some Indian lands still subject to coal entry by virtue of the provisions of law opening such lands to entry, the coal land laws generally were superseded by the leasing Act of Feb. 25, 1920, 41 Stat. 437 [section 181 et seq. of this title], and it is at least questionable whether the coal land laws should be carried into the Code.”
30 U.S.C. § 72 (MINERAL LANDS AND MINING)
§ 72. Preference right of coal mine entry; acreage limitation
Any person or association of persons severally qualified, as provided in section 71 of this title, who have opened and improved, or shall open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a preference right of entry, under section 71 of this title, of the mines so opened and improved: Provided, That when any association of not less than four persons, severally qualified as provided in section 71 of this title, shall have expended not less than $5,000 in working and improving any such mine or mines, such association may enter not exceeding six hundred and forty acres, including such mining improvements.
(R.S. § 2348.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2348 derived from act Mar. 3, 1873, ch. 279, § 2, 17 Stat. 607.
heading: Executive Documents
heading: Indian Lands Excepted
text: See note set out under section 71 of this title.
30 U.S.C. § 73 (MINERAL LANDS AND MINING)
§ 73. Presentation of claims
All claims under section 72 of this title must be presented to the register of the proper land district within sixty days after the date of actual possession and the commencement of improvements on the land, by the filing of a declaratory statement therefor; but when the township plat is not on file at the date of such improvement, filing must be made within sixty days from the receipt of such plat at the district office.
(R.S. § 2349.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2349 derived from act Mar. 3, 1873, ch. 279, § 3, 17 Stat. 607.
heading: Executive Documents
heading: Transfer of Functions
text: 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.
heading: Indian Lands Excepted
text: See note set out under section 71 of this title.
30 U.S.C. § 74 (MINERAL LANDS AND MINING)
§ 74. Number of coal land entries; other entries upon noncompliance with conditions
Sections 71 to 73 of this title shall be held to authorize only one entry by the same person or association of persons; and no association of persons any member of which shall have taken the benefit of such sections, either as an individual or as a member of any other association, shall enter or hold any other lands under the provisions thereof; and no member of any association which shall have taken the benefit of such sections shall enter or hold any other lands under their provisions; and all persons claiming under section 72 of this title shall be required to prove their respective rights and pay for the lands filed upon within one year from the time prescribed for filing their respective claims; and upon failure to file the proper notice, or to pay for the land within the required period, the same shall be subject to entry by any other qualified applicant.
(R.S. § 2350.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2350 derived from act Mar. 3, 1873, ch. 279, § 4, 17 Stat. 607.
heading: Executive Documents
heading: Indian Lands Excepted
text: See note set out under section 71 of this title.
30 U.S.C. § 75 (MINERAL LANDS AND MINING)
§ 75. Conflicting claims upon coal lands; rules and regulations
In case of conflicting claims upon coal lands where the improvements shall be commenced, after the third day of March, 1873, priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference right to purchase. And also where improvements have already been made prior to the third day of March, 1873, division of the land claimed may be made by legal subdivisions, to include, as near as may be, the valuable improvements of the respective parties. The Director of the Bureau of Land Management is authorized to issue all needful rules and regulations for carrying into effect the provisions of this section and sections 71 to 74 of this title.
(R.S. § 2351; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2351 derived from act Mar. 3, 1873, ch. 279, § 5, 17 Stat. 608.
heading: Transfer of Functi
heading: Executive Documentsons
text: “Director of the Bureau of Land Management” substituted in text for “Commissioner of the General Land Office” on authority of Reorg. Plan No. 3 of 1946, § 403, set out in the Appendix to Title 5, Government Organization and Employees.
See also note set out under section 1 of this title.
heading: Indian Lands Excepted
text: See note set out under section 71 of this title.
30 U.S.C. § 76 (MINERAL LANDS AND MINING)
§ 76. Reservation of rights upon coal lands; sale of certain mining lands
Nothing in sections 71 to 75 of this title shall be construed to destroy or impair any rights which may have attached prior to the third day of March, 1873, or to authorize the sale of lands valuable for mines of gold, silver, or copper.
(R.S. § 2352.)
heading: Editorial Notes
heading: Codification
text: R.S. § 2352 derived from act Mar. 3, 1873, ch. 279, § 6, 17 Stat. 608.
heading: Executive Documents
heading: Indian Lands Excepted
text: See note set out under section 71 of this title.
30 U.S.C. § 84 (MINERAL LANDS AND MINING)
§ 84. Applications for entry
Any person desiring to make entry under the homestead laws or the desert-land law, any State desiring to make selection under section 641 of title 43, and the Secretary of the Interior in withdrawing under the Reclamation Act lands classified as coal lands, or valuable for coal, with a view of securing or passing title to the same in accordance with the provisions of said Acts, shall state in the application for entry, selection, or notice of withdrawal that the same is made in accordance with and subject to the provisions and reservations of sections 83 to 85 of this title.
(June 22, 1910, ch. 318, § 2, 36 Stat. 584.)
heading: Editorial Notes
heading: References in Text
text: The Reclamation Act, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 371 of Title 43 and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Supplemental Provisions
text: See note set out under section 83 of this title.
30 U.S.C. § 85 (MINERAL LANDS AND MINING)
§ 85. Patents for lands, with reservation of coal; disposal of coal deposits
Upon satisfactory proof of full compliance with the provisions of the laws under which entry is made, and of sections 83 to 85 of this title, the entryman shall be entitled to a patent to the land entered by him, which patent shall contain a reservation to the United States of all the coal in the lands so patented, together with the right to prospect for, mine, and remove the same. The coal deposits in such lands shall be subject to disposal by the United States in accordance with the provisions of the coal-land laws in force at the time of such disposal. Any person qualified to acquire coal deposits or the right to mine and remove the coal under the laws of the United States shall have the right, at all times, to enter upon the lands selected, entered, or patented, as provided by sections 83 to 85 of this title, for the purpose of pros­pecting for coal thereon upon the approval by the Secretary of the Interior of a bond or undertaking to be filed with him as security for the payment of all damages to the crops and improvements on such lands by reason of such prospecting. Any person who has acquired from the United States the coal deposits in any such land, or the right to mine or remove the same, may reenter and occupy so much of the surface thereof as may be required for all purposes reasonably incident to the mining and removal of the coal therefrom, and mine and remove the coal, upon payment of the damages caused thereby to the owner thereof, or upon giving a good and sufficient bond or undertaking in an action instituted in any competent court to ascertain and fix said damages. The owner under such limited patent shall have the right to mine coal for use upon the land for domestic purposes at any time prior to the disposal by the United States of the coal deposits. Nothing herein contained shall be held to deny or abridge the right to present and have prompt consideration of applications to locate, enter, or select, under the land laws of the United States, lands which have been classified as coal lands with a view of disproving such classification and securing a patent without reservation.
(June 22, 1910, ch. 318, § 3, 36 Stat. 584.)
heading: Statutory Notes and Related Subsidiaries
heading: Supplemental Provisions
text: See note set out under section 83 of this title.
30 U.S.C. § 90 (MINERAL LANDS AND MINING)
§ 90. Selection of coal lands by States; sale in isolated or disconnected tracts
Unreserved public lands of the United States, exclusive of Alaska, which have been withdrawn or classified as coal lands or are valuable for coal shall, in addition to the classes of entries or filings described in sections 83 to 85 of this title be subject to selection by the several States within whose limits the lands are situate, under grants made by Congress, and to disposition, in the discretion of the Secretary of the Interior, under the laws providing for the sale of isolated or disconnected tracts of public lands, but there shall be a reservation to the United States of the coal in all such lands so selected or sold and of the right to prospect for, mine, and remove the same in accordance with the provisions of said sections, and such lands shall be subject to all the conditions and limitations of said sections.
(Apr. 30, 1912, ch. 99, 37 Stat. 105.)
heading: Statutory Notes and Related Subsidiaries
heading: Supplemental Provisions
text: Act Apr. 30, 1912, is supplemental to sections 83 to 85 of this title.
30 U.S.C. § 101 (MINERAL LANDS AND MINING)
§ 101. Omitted
heading: Editorial Notes
heading: Codification
text: Section, act Feb. 11, 1897, ch. 216, 29 Stat. 526, related to entry of mineral oil lands under placer mining laws. See section 181 et seq. of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Savings Provision
text: Section 193 of this title contains a savings provision protecting valid claims in existence on Feb. 20, 1920.