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.) DERIVATION R. S. § 2329 was from act July 9, 1970, ch. 235, § 12, 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 SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. CROSS REFERENCES Alaska, mining laws relating to placer claims extended to, see section 49b of this title. Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 48, 49 of this title. § 36. Same; 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). DERIVATION Act July 9, 1870, ch. 235, § 12, 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. CROSS REFERENCES Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 48 of this title. § 37. Same; 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 this chapter and sections 71 to 76 of this title, 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 placed 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.) DERIVATION Act May 10, 1872, ch. 152, § 11, 17 Stat. 94. CODIFICATION Reference to "this chapter and sections 71 to 76 of this title" was substituted for "this chapter" appearing in original text and meaning Chapter Six (Mineral Lands and Mining Resources) of Title XXXII of the Revised Statutes, The Public Lands title, comprised of sections 2318 to 2352, now set out in sections 21 to 24, 26 to 28, 29, 30, 33 to 43 (former sections 44 and 45), 46 to 48, 50 to 52, and 71 to 76 of this title. CROSS REFERENCES Annual assessment labor upon oil lands located as placer mining claims, see section 102 of this title. Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 48, 49 of this title. § 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 this chapter and sections 71 to 76 of this title, in the absence of any adverse claim; but nothing in this chapter and sections 71 to 76 of this title 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. (R.S. § 2332.) DERIVATION Act July 9, 1870, ch. 235, § 13, 16 Stat. 217. CODIFICATION Reference to "this chapter and sections 71 to 76 of this title" was substituted for "this chapter" appearing in original text and meaning Chapter Six (Mineral Lands and Mining Resources) of Title XXXII of the Revised Statutes, The Public Lands title, comprised of sections 2318 to 2352, now set out in sections 21 to 24, 26 to 28, 29, 30, 33 to 43 (former sections 44 and 45), 46 to 48, 50 to 52, and 71 to 76 of this title. 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. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 48 of this title. § 39. Surveyors of mining claims. The United States Chief Cadastral Engineer 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 this chapter and sections 71 to 76 of this title; 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 Manager a sworn statement of all charges and fees paid by such applicant for publication and surveys, together with all fees and money paid the Manager 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.) DERIVATION Act May 10, 1872, ch. 152, § 12, 17 Stat. 95. CODIFICATION Reference to "this chapter and sections 71 to 76 of this title" was substituted for "this chapter" appearing in original text and meaning Chapter Six (Mineral Lands and Mining Resources) of Title XXXII of the Revised Statutes, The Public Lands title, comprised of sections 2318 to 2352, now set out in sections 21 to 24, 26 to 28, 29, 30, 33 to 43 (former sections 44 and 45), 46 to 48, 50 to 52, and 71 to 76 of this title. 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 the receiver of the land-office." Such act is treated more fully in note under section 29 of this title. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, out in the Appendix to Title 5, Government Organization and Employees. "Director of the Bureau of Land Management" was substituted for "Commissioner of the General Land Office", "Chief Cadastral Engineer" for "supervisor of surveys", and "Manager" for "register" on authority of 1946 Reorg. Plan No. 3 and regulations thereunder. See note under section 1 of Title 43, Public Lands. CROSS REFERENCES Alabama lands, see section 171 of this title. Kansas and Missouri lands, see section 49 of this title. Restriction on officers, clerks, and employees, see section 11 of Title 43, Public Lands. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 48, 49 of this title. § 40. Verification of affidavits. All affidavits required to be made under this chapter and sections 71 to 76 of this title 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 Manager 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 Manager of the land office as published nearest to the location of such land; and the Manager 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.) DERIVATION Act May 10, 1872, ch. 152, § 13, 17 Stat. 95. CODIFICATION Reference to "this chapter and sections 71 to 76 of this title" was substituted for "this chapter" appearing in original text and meaning Chapter Six (Mineral Lands and Mining Resources) of Title XXXII of the Revised Statutes, The Public Lands title, comprised of sections 2318 to 2352, now set out in sections 21 to 24, 26 to 28, 29, 30, 33 to 43 (former sections 44 and 45), 46 to 48, 50 to 52, and 71 to 76 of this title. 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 All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3, § § 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. References to "register" were changed to "Manager" on authority of 1946 Reorg. Plan No. 3 and regulations thereunder. See note under section 1 of Title 43, Public Lands. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 48, 49 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. (R.S. § 2336.) DERIVATION Act May 10, 1872, ch. 152, § 14, 17 Stat. 96. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 48, 49 of this title. § 42. Patents for nonmineral lands: application, survey, notice, acreage limitation, payment. (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 of such nonadjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this chapter and sections and 71 to 76 of this ttile 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 survey 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; Mar. 18, 1960, Pub. L. 86-390, 74 Stat. 7.) DERIVATION Act May 10, 1872, ch. 152, § 15, 17 Stat. 96. CODIFICATION Reference to "this chanter and sections 71 to 76 of this title" was substituted for "this chapter" appearing in original text and meaning Chapter Six (Mineral Lands and Mining Resources) of Title XXXII of the Revised Statutes, The Public Lands title, comprised of sections 2318 to 2352, now set out in sections 21 to 24, 26 to 28, 29, 30, 33 to 43 (former sections 44 and 45), 46 to 48, 50 to 52, and 71 to 76 of this title. AMENDMENTS 1960-Pub. L. 86-390 designated existing provisions as subsec. (a) and added subsec. (b). SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 48, 49 of this title. § 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.) DERIVATION Act July 26, 1866, ch. 262, § 5, 14 Stat. 252. 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. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 48 of this title. §§ 44, 45. Omitted. CODIFICATION Sections, R. S. §§ 2341, 2342; 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,. and 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 this chapter and sections 71 to 76 of this title. (R. S. § 2343.) DERIVATION Act July 26, 1866, ch. 262, § 7, 14 Stat. 252. CODIFICATION Reference to "this chapter and sections 71 to 76 of this title" was substituted for "this chapter" appearing in original text and meaning Chapter Six (Mineral Lands and Mining Resources) of Title XXXII of the Revised Statutes, The Public Lands title, comprised of sections 2318 to 2352, now set out in sections 21 to 24, 26 to 28, 29, 30, 33 to 43 (former sections 44 and 45), 46 to 48, 50 to 52, and 71 to 76 of this title. DELEGATION OF FUNCTIONS 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 Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 48 of this title. § 47. Impairment of rights or interests in certain mining property. Nothing contained in this chapter and sections 71 to 76 of this title 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.) DERIVATION Acts July 9, 1870, ch. 235, § 17, 16 Stat. 218; May 10, 1872, ch. 152, § 16, 17 Stat. 96. CODIFICATION Reference to "this chapter and sections 71 to 76 of this title" was substituted for "this chapter" appearing in original text and meaning Chapter Six (Mineral Lands and Mining Resources) of Title XXXII of the Revised Statutes, The Public Lands title, comprised of sections 2318 to 2352, now set out in sections 21 to 24, 26 to 28, 29, 30, 33 to 43 (former sections 44 and 45), 46 to 48, 50 to 52, and 71 to 76 of this title. |