FORTY-SECOND CONGRESS. SESS. IL CH. 152. 1872. the public lands, and for other purposes," approved July ninth, eighteen hundred and seventy) a patent shall issue for the placer-claim, including such vein or lode, upon the payment of five dollars 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 two dollars and fifty cents per acre, together with all costs of proceedings; and where a vein or lode, such as is described in the second section of this act, is kuown to exist within the boundaries of a placer-claim, an application for a patent for Effect of patent such placer-claim which does not include an application for the vein or for placer-claim lode claim shall be construed as a conclusive declaration that the claimant within its bout upon veins, &c., of the placer-claim has no right of possession of the vein or lode claim; daries. 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. SEC. 12. That the surveyor-general of the United States may appoint Surveyorin each land district containing mineral lands as many competent sur- General may appoint in each veyors as shall apply for appointment to survey mining-claims. The district compeexpenses of the survey of vein or lode claims, and the survey and sub- tent surveyors of division of placer-claims into smaller quantities than one hundred and mining-claims. sixty acres, together with the cost of publication of notices, shall be paid establish maxi Applicant to file sworn statement of fees aud charges. by the applicants, and they shall be at liberty to obtain the same at the Expenses of most reasonable rates, and they shall also be at liberty to employ any claims, &c. survey, &c., of United States deputy surveyor to make the survey. The commissioner Commissioner of the general land office shall also have power to establish the maximum of land office to charges for surveys and publication of notices under this act; and, in case mum charges, of excessive charges for publication, he may designate any newspaper pub- &c. lished 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 commissioner may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by said applicant for publication and surveys, together with all fees and money paid the register and the receiver of the land-oflice, which statement shall be transmitted, with the other papers in the case, to the commissioner of the general land oflice. The fees of the register and the receiver shall be five dollars cach for filing and acting upon each application for patent or adverse claim tiled, and they shall be allowed the amount fixed by law for reducing testimony to writing, when done in the land-office, such fees and allowances to be paid by the respective parties; and no other fees shall be charged by them in such cases. Nothing in this act shall be construed to enlarge or affect the rights of Adverse rights either party in regard to any property in controversy at the time of the not affected by passage of this act, or of the act entitled "An act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July twenty-sixth, eighteen hundred and sixty-six, nor shall this act affect any right acquired under said act; and nothing in this act shall be construed to repeal, impair, or in any way affect the provisions of the act entitled "An act granting to A. Sutro the right of way, and other act of 1866, ch. privileges to aid in the construction of a draining and exploring tunnel to 244, vol. xiv. p. the Comstock lode, in the State of Nevada," approved July twenty-fifth, 242, not affected hereby. eighteen hundred and sixty-six. this act Provisions of . SEC. 13. That all affidavits required to be made under this act, or the act Affidavits of which it is amendatory, may be verified before any oflicer authorized to under this act, administer oaths within the land-district where the claims may be situated, verified and tes &e.. inay be and all testimony and proofs may be taken before any such officer, and, timony &c., when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register and receiver of the landoffice. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs may be taken as herein provided on per taken, before whom. Testimony in contests as to 96 how taken. FORTY-SECOND CONGRESS. SESS. II. Cп. 152, 153. 1872. character of land, sonal notice of at least ten days to the opposing party; or if said 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. Where veins intersect, &c.. SEC. 14. That where two or more veins intersect or cross each other, priority of title priority of title shall govern, and such prior location shall be entitled to all to govern. Proviso. ore or mineral contained within the space of intersection: Provided, however, That the subsequent location shall have the right of way through said space of intersection for the purposes of the convenient working of the said mine: And provided also, That where two or more veins unite, unite, oldest loca- the oldest or prior location shall take the vein below the point of union, including all the space of intersection. Where veins tion to take. Patents for non-mineral lands, not con SEC. 15. That where non-mineral 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 non-adjacent 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 under this act to veins or lodes: Provided, That no location hereafter made of such non-adjacent amount of such land shall exceed five acres, and payment for the same must be made at tiguous to lode, but used by proprietors for mining, &c., purposes. Limit to land. Repealing clause. the same rate as fixed by this act 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. SEC. 16. That all acts and parts of acts inconsistent herewith are hereby Existing rights repealed: Provided, That nothing contained in this act shall be construed to impair, in any way, rights or interests in mining property acquired under existing laws. not affected. APPROVED, May 10, 1872. May 10, 1872. CHAP. CLIII.—An Act authorizing the Secretary of War to correct an Army Officer's Record. Preamble. Whereas in December, eighteen hundred and seventy, Major Samuel Ross, United States army, unassigned, was examined by a retiring board at San Francisco, California, and found disabled for active duty on account of wounds received in battle; and whereas no oflicial action having been taken to retire from active service the said Ross on the proceedlings of said retiring board, and the said Ross being a supernumerary officer was honorably mustered out of service as such on or about January second, eighteen hundred and seventy-one; and whereas on or about March second, eighteen hundred and seventy-two, the said Ross was re-appointed an officer of the United States army, as second lieutenant, with a view of being retired from active service on account of said disability: Therefore, Be it enacted by the Senate and House of Representatives of the United Name of Sam-States of America in Congress assembled, That the Secretary of War is placed on retired hereby authorized to place the name of said Samuel Ross on the list of officers retired from active service, according to the proceedings and report of said retiring board, to take effect for rank and pay from the first day of January, eighteen hundred and seventy-one, and to correct the army records and register so that the name of said Ross will appear as continuously in service; Provided, That any and all moneys as pay or emoluments received by said Ross, on account of being declared mustered out as aforesaid, shall be deducted from his pay as such retired officer, accruing from, on, and after the said first day of January, eighteen hundred and seventy-one. uel Ross to be list of army officers, &c. Proviso. APPROVED, May 10, 1872. be appropriated pursuant to this subsection shall be available prior to October 1, 1977.". SEC. 322. Section 3 (b) of the Act of October 11, 1974 (88 Stat. 1254; Szc. 823. The Act of December 27, 1974 (88 Stat. 1784) entitled "An (a) In subsection 2(a) strike out "Boundary Map, Cuyahoga (b) In subsection 6(a) strike out "$34,500,000" and insert in (c) No funds authorized by this section in excess of those sums 90 STAT. 2742 90 STAT. 2743 P.L. 94-579 Submittal to 43 USC 1742. Written statement. Public LAWS OF 94th CONG.-2nd SESS. Oct. 21 Oct. 21 SEC. 311. (a) For the purpose of providing information that will (e) The report shall include, but not be limited to, program identi- SEARCH AND RESCCE SEC. 312. Where in his judgment sufficient search, rescue, and pro- SUNSHINE IN GOVERNMENT SEC. 313. (a) Each officer or employee of the Secretary and the. (1) performs any function or duty under this Act; and (2) has any known financial interest in any person who (A) POLICY AND MANAGEMENT ACT (2) report to the Congress on June 1 of each calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year. (c) In the rules prescribed in subsection (b) of this section, the (d) Any officer or employee who is subject to, and knowingly RECORDATION OF MININO CLAIMS AND ABANDONMENT P.L. 94-579 SEC. 314. (a) The owner of an unpatented lode or placer mining 43 USC 1744. (1) File for record in the office where the location notice or certifi- (2) File in the office of the Bureau designated by the Secretary (b) The owner of an unpatented lode or placer mining claim or (c) The failure to file such instruments as required by subsections 90 STAT. 2769 P.L. 94-579 43 USC 1745. 43 USC 1746. 30 USC 191. 30 USC 1001 RECORDABLE DISCLAIMERS OF INTEREST IN LAND SEC. 315. (a) After consulting with any affected Federal agency, (b) No document or disclaimer shall be issued pursuant to this (e) Issuance of a document of disclaimer by the Secretary pursuant CORRECTION OF CONVEYANCE DOCUMENTS SEC. 316. The Secretary may correct patents or documents of con- MINERAL REVENUES SEC. 317. (a) Section 35 of the Act of February 25, 1920 (41 Stat. 90 STAT. 2770 Oct. 21 POLICY AND MANAGEMENT ACT P.L. 94-579 43 USC 391 note. from Alaska, 40 per centum thereof shall be paid into, reserved, (b) Funds now held pursuant to said section 35 by the States of 30 USC 191 (e) (1) The Secretary is authorized to make loans to States and Loans. (2) The Secretary, after consultation with Governors of the (3) Loans under this subsection shall be subject to such terms and APPROPRIATION AUTHORIZATION SEC. 318. (a) There are hereby authorized to be appropriated 43 USC 1748. such sums as are necessary to carry out the purposes and provisions of this Act, but no amounts shall be appropriated to carry out after October 1, 1978, any program, function, or activity of the Bureau under this or any other Act unless such sums are specifically authorized to be appropriated as of the date of approval of this Act or are authorized to be appropriated in accordance with the provisions of subsection (b) of this section. 90 STAT. 2771 |