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FORTY-SECOND CONGRESS. SESS. IL CH. 152. 1872.

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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.
Fees of regis
ter and receiver.

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.

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APPROVED, May 10, 1872.

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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;
16 U.S.C. 698 (b)), is amended by deleting "detached, one-family
dwelling," and inserting in lieu thereof "detached year-round one-
family dwelling which serves as the owner's permanent place of abode
at the time of acquisition, and".

Szc. 823. The Act of December 27, 1974 (88 Stat. 1784) entitled "An
Act to provide for the establishment of the Cuyahoga Valley National
Recreation Area" is amended as follows:

(a) In subsection 2(a) strike out "Boundary Map, Cuyahoga
Valley National Recreation Area, Ohio, numbered NRA-CUYA-
20,000-A, and dated December 1974," and insert in lieu thereof
"Boundary Map, Cuyahoga Valley National Recreation Area,
Ohio, numbered 90,000-A, and dated September 1976,"

(b) In subsection 6(a) strike out "$34,500,000" and insert in
lieu thereof "$41,100,000"

(c) No funds authorized by this section in excess of those sums
previously authorized by the Act of December 27, 1974, shall be
available for expenditure before October 1, 1977.
Approved October 21, 1976.

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90 STAT. 2742

90 STAT. 2743

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P.L. 94-579

Submittal to
Congress.
43 USC 1741.

43 USC 1742.

Written

statement.
43 USC 1743.

Public
availability.

LAWS OF 94th CONG.-2nd SESS.

Oct. 21

Oct. 21

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SEC. 311. (a) For the purpose of providing information that will
aid Congress in carrying out its oversight responsibilities for public
lands programs and for other purposes, the Secretary shall prepare
a report in accordance with subsections (b) and (c) and submit it to
the Congress no later than one hundred and twenty days after the
end of each fiscal year beginning with the report for fiscal year 1979.
(b) A list of programs and specific information to be included in
the report as well as the format of the report shall be developed by the
Secretary after consulting with the Committees on Interior and
Insular Affairs of the House and Senate and shall be provided to the
committees prior to the end of the second quarter of each fiscal year.

(e) The report shall include, but not be limited to, program identi-
fication information, prograni evaluation information, and program
budgetary information for the preceding current and succeeding fiscal
years.

SEARCH AND RESCCE

SEC. 312. Where in his judgment sufficient search, rescue, and pro-
tection forces are not otherwise available, the Secretary is authorized
in cases of emergency to incur such expenses as may be necessary (a)
in searching for and rescuing, or in cooperating in the search for and
rescue of, persons lost on the public lands, (b) in protecting or rescu-
ing, or in cooperating in the protection and rescue of, persons or
animals endangered by an act of God, and (c) in transporting deceased
persons or persons seriously ill or injured to the nearest place where
interested parties or local authorities are located.

SUNSHINE IN GOVERNMENT

SEC. 313. (a) Each officer or employee of the Secretary and the.
Bureau who

(1) performs any function or duty under this Act; and

(2) has any known financial interest in any person who (A)
applies for or receives any permit, lease, or right-of-way under,
or (B) applies for or acquires any land or interests therein under,
or (C) is otherwise subject to the provisions of, this Act,
shall, beginning on February 1, 1977, annually file with the Secretary
a written statement concerning all such interests held by such officer
or employee during the preceding calendar year. Such statement shall
be available to the public.

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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
Secretary may identify specific positions within the Department of
the Interior which are of a nonregulatory or nonpolicymaking nature
and provide that officers or employees occupying such positions shall
be exempt from the requirements of this section.

(d) Any officer or employee who is subject to, and knowingly
violates, this section, shall be fined not more than $2,500 or imprisoned
not more than one year, or both.

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.
claim located prior to the date of this Act shall, within the three-
year period following the date of the approval of this Act and prior
to December 31 of each year thereafter, file the instruments required
by paragraphs (1) and (2) of this subsection. The owner of an
unpatented lode or placer mining claim located after the date of this
Act shall, prior to December 31 of each year following the calendar
by paragraphs (1) and (2) of this subsection:
year in which the said claim was located, file the instruments required

(1) File for record in the office where the location notice or certifi-
cate is recorded either a notice of intention to hold the mining claim
(including but not limited to such notices as are provided by law
to be filed when there has been a suspension or deferment of annual
assessment work), an affidavit of assessment work performed thereon,
on a detailed report provided by the Act of September 2, 1958 (72
Stat. 1701; 30 U.S.C. 28-1), relating thereto.

(2) File in the office of the Bureau designated by the Secretary
a copy of the official record of the instrument filed or recorded pur-
suant to paragraph (1) of this subsection, including a description
of the location of the mining claim sufficient to locate the claimed
lands on the ground.

(b) The owner of an unpatented lode or placer mining claim or
mill or tunnel site located prior to the date of approval of this Act
shall, within the three-year period following the date of approval
of this Act. file in the office of the Bureau designated by the Secretary
a copy of the official record of the notice of location or certificate of
location, including a description of the location of the mining claim
or mill or tunnel site sufficient to locate the claimed lands on the
ground. The owner of an unpatented lode or placer mining claim or
mill or tunnel site located after the date of approval of this Act shall,
,within ninety days after the date of location of such claim, file in the
office of the Bureau designated by the Secretary a copy of the official
record of the notice of location or certificate of location, including a
description of the location of the mining claim or mill or tunnel site
sufficient to locate the claimed lands on the ground.

(c) The failure to file such instruments as required by subsections
(a) and (b) shall be deemed conclusively to constitute an abandon-
ment of the mining claim or mill or tunnel site by the owner; but
it shall not be considered a failure to file if the instrument is defec-
tive or not timely filed for record under other Federal laws per-
mitting filing or recording thereof, or if the instrument is filed for
record by or on behalf of some but not all of the owners of the mining
claim or mill or tunnel site.

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90 STAT. 2769

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P.L. 94-579

43 USC 1745.

43 USC 1746.

30 USC 191.

30 USC 1001
note.

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RECORDABLE DISCLAIMERS OF INTEREST IN LAND

SEC. 315. (a) After consulting with any affected Federal agency,
the Secretary is authorized to issue a document of disclaimer of inter-
est or interests in any lands in any form suitable for recordation,
where the disclaimer will help remove a cloud on the title of such
lands and where he determines (1) a record interest of the United
States in lands has terminated by operation of law or is otherwise
invalid; or (2) the lands lying between the meander line shown on
a plat of survey approved by the Bureau or its predecessors and the
actual shoreline of a body of water are not lands of the United States;
or (3) accreted, relicted, or avulsed lands are not lands of the United
States.

(b) No document or disclaimer shall be issued pursuant to this
section unless the applicant therefor has filed with the Secretary an
application in writing and notice of such application setting forth
the grounds supporting such application has been published in the
Federal Register at least ninety days preceding the issuance of such
disclaimer and until the applicant therefor has paid to the Secretary
the administrative costs of issuing the disclaimer as determined by
the Secretary. All receipts shall be deposited to the then-current
appropriation from which expended.

(e) Issuance of a document of disclaimer by the Secretary pursuant
to the provisions of this section and regulations promulgated here-
under shall have the same effect as a quit-claim deed from the L'nited
States..

CORRECTION OF CONVEYANCE DOCUMENTS

SEC. 316. The Secretary may correct patents or documents of con-
veyance issued pursuant to section 208 of this Act or to other Acts
relating to the disposal of public lands where necessary in order to
eliminate errors. In addition, the Secretary may make corrections of
errors in any documents of conveyance which have heretofore been
issued by the Federal Government to dispose of public lands.

MINERAL REVENUES

SEC. 317. (a) Section 35 of the Act of February 25, 1920 (41 Stat.
437, 450; 30 U.S.C. 181, 191), as amended, is further amended to
read as follows: "All money received from sales, bonuses, royalties,
and rentals of the public lands under the provisions of this Act and
the Geothermal Steam Act of 1970, notwithstanding the provisions
of section 20 thereof, shall be paid into the Treasury of the United
States: 50 per centum thereof shall be paid by the Secretary of the
Treasury as soon as practicable after March 31 and September 30 of
each year to the State other than Alaska within the boundaries of
which the leased lands or deposits are or were located; said moneys
paid to any of such States on or after January 1, 1976, to be used
by such State and its subdivisions, as the legislature of the State may
direct giving priority to those subdivisions of the State socially or
economically impacted by development of minerals leased under this
Act, for (i) planning, (ii) construction and maintenance of public
facilities, and (iii) provision of public service; and excepting those

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,
appropriated, as part of the reclamation fund created by the Act
of Congress known as the Reclamation Act, approved June 17, 1902,
and of those from Alaska as soon as practicable after March 31 and
September 30 of each year, 90 per centum thereof shall be paid to
the State of Alaska for disposition by the legislature thereof: Pro-
vided, That all moneys which may accrue to the United States under
the provisions of this Act and the Geothermal Steam Act of 1970 30 USC 1001
from lands within the naval petroleum reserves shall be deposited. note.
in the Treasury as 'miscellaneous receipts', as provided by the Act of
June 4, 1920 (41 Stat. 813), as amended June 30, 1938 (52 Stat. 1252).
All moneys received under the provisions of this Act and the Geo-
thermal Steam Act of 1970 not otherwise disposed of by this section
shall be credited to miscellaneous receipts.".

(b) Funds now held pursuant to said section 35 by the States of 30 USC 191
Colorado and Utah separately from the Department of the Interior note.
oil shale test leases known as C-A; C-B; U-A and U-B shall be
used by such States and subdivisions as the legislature of each State
may direct giving priority to those subdivisions socially or economi-
cally impacted by the development of minerals leased under this
Act for (1) planning, (2) construction and maintenance of public
facilities, and (3) provision of public services,

(e) (1) The Secretary is authorized to make loans to States and Loans.
their political subdivisions in order to relieve social or economic 43 USC 1747.
impacts occasioned by the development of minerals leased in such
States pursuant to the Act of February 25, 1920, as amended. Such
loans shall be confined to the uses specified for the 50 per centum of
mineral revenues to be received by such States and subdivisions pur-
suant to section 35 of such Act. All loans shall bear interest at a Interest rate.
rate not to exceed 3 per centum and shall be for such amounts and
durations as the Secretary shall determine. The Secretary shall limit
the amounts of such loans to all States except Alaska to the antici-
pated mineral revenues to be received by the recipients of said loans
and to Alaska to 55 per centum of anticipated mineral revenues to be
received by it pursuant to said section 35 for any prospective 10-year
period. Such loans shall be repaid by the loan recipients from mineral
revenues to be derived from said section 35 by such recipients, as the
Secretary determines.

(2) The Secretary, after consultation with Governors of the
affected States, shall allocate such loans among the States and their
subdivisions in a fair and equitable manner, giving priority to those
States and subdivisions suffering the most severe impacts.

(3) Loans under this subsection shall be subject to such terms and
conditions as the Secretary determines necessary to assure that the
purpose of this subsection will be achieved. The Secretary shall issue Regulations.
such regulations as may be necessary to carry out the provisions of
this section.

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

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