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An Act To amend section 2372 of the Revised Statutes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2372 of the Revised Statutes is

Public lande. amended by adding thereto the following:

* In all cases where a final entry of public lands has triransfer of en; been or may be hereafter canceled, and such entry is canceled. held by the Land Department or a court of competent jurisdiction to have been confirmed under the proviso to section 7 of the Act of March 3, 1891 (Twenty-sixth Statutes, page 1099), if the land has been disposed of to or appropriated by a claimant under the homestead or desert-land laws, or patented to a claimant under other public-land laws, the Secretary of the Interior is authorized, in his discretion, and under rules to be prescribed by him, to change the entry and transfer the payment to any other tract of surveyed public land, nonmineral in character, free from lawful claim, and otherwise subject to general disposition: Provided, That the entry- to orbentent

Original entry man, his heirs, or assigns shall file a relinquishment of quished. all right, title, and interest in and to the land originally entered : Provided further, That no right or claim under Right not us

signable. the provisions of this paragraph shall be assignable or transferable."

Approved, January 27, 1922 (42 Stat. 359).

An Act To permit adjustment of conflicting, claims to certain lands

in Mohave County, Arizona.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is Exchange rod, in hereby, authorized and empowered, in his discretion, to Mohave County, accept a relinquishment from the owners of the odd-ized." numbered sections of land falling within townships sixteen, sixteen and one-half, and seventeen north of range thirteen west, Arizona, and permit said owners to select and receive in exchange therefor patents of an equal area of vacant surveyed, nonmineral, nontimbered public land of the United States in the county of Mohave, State of Arizona.

Approved, August 24, 1922 (42 Stat. 829).


Page. 261


270 270 271 271



273 273 274


Revised Statutes.--Secticn 910—Action for recovery of mining titles.-
Sections 2318-2346—Lands reserved except as provided by law-Open to

purchase-Length of claims Citizenship—Right of possession-Own-
ers of tunnels—Regulations by miners-Patents, how obtained-Ad-
verse claim-Description-Monuments to govern-Placer claims-Sub-
divisions of 10 acres-Conformity to surveys-Rights to patent, pro-
ceedings-Surveyors–Officers authorized to administer oaths-Inter-
section of veins—Mill sites—Local legislatures-Water rights-Agri-
cultural lands-Certain States excepted-Mineral lands excepted from

State grants----
Act of June 6, 1874–First annual payment extended on claims located

prior to May 10, 1872_
Act of February 11, 1875—Money expended in tunnel-
Act of May 5, 1876~Missouri and Kansas excluded.
Act of June 3, 1878-Timber for mining and domestic purposes.
Act of January 22, 1880—Application for patent by agent-Annual work

to commence
Act of March 3, 1881-No patent for land in controversy unless title

is established
Act of April 26, 1882-Adverse claim verified by agent-Affidavit of citi-

zenship ---
Act of March 3, 1883-Alabama excepted.
Act of March 3, 1891-Town sites on.-
Act of August 4, 1892-Lands chiefly valuable for building stone subject

to placer laws_
Act of June 10, 1896—Ceded Fort Belknap and Blackfoot lands, Montana,

and San Carlos, Ariz., subject to mineral land laws----
Act of February 11, 1897-Petroleum lands subject to placer laws.-
Act of June 4, 1897-Mineral lands .within forest reservations.--
Act of July 1, 1898---Mineral lands in Colville Indian Reservation_
Act of January 31, 1901–Saline lands subject to placer laws.
Act of May 27, 1902--Mineral lands within the Uintah and White River

Indian Reservations
Act of February 12, 1903—Assessment work on five contiguous oil claims.
Act of March 3, 1903—Mining claims on Uncompahgre Indian Reserva-

tion, Utah
Act of April 23, 1904-Mineral lands in the Flathead Indian Reserva-

tion, Mont-
Act of April 27, 1904—Crow Indian Reservation, Mont-
Act of December 21, 1904-Yakima Indian Reservation, Wash..
Act of March 3, 1905-Shoshone or Wind River Indian Reservation, Wyo-
Act of March 22, 1906—Colville Indian Reservation, Wash-
Act of March 27, 1906--Mineral lands in Alabama..
Act of June 21, 1906-Coeur d'Alene Indian Reservation, Idaho.
Act of May 27, 1908—Mining claims prohibited in Mount Rainier Na-

tional Park.
Act of May 29, 1908—Mining laws extended to Bitter Root Valley, Mont-
Act of February 24, 1909-Repayment of deposits for mineral surveys---
Act of February 25, 1909--Five years allowed to complete entries in

Shoshone or Wind River Indian Reservation, Wyo.
Act of March 2, 1911-To protect locators of oil and gas lands_
Act of August 25, 1914-Amends act of March 2, 1911.---
Act of January 11, 1915-Prior placer locations for phosphate rock

Act of July 17, 1917_Assessment work not required while in the military
service during the war with Germany

275 276 276 277 277

278 278


280 280 281 281 282 274 282

282 283 283

283 284 284




286 287 291 291

Act of October 5, 1917-Assessment work not required during 1917 and

Act of October 2, 1917--Disposition of potassium landsc-
Act of August 15, 1919-Assessment work not required during 1919_
Act of November 13, 1919-Assessment work not required during 1919.-
Act of February 25, 1920—Leasing of coal, phosphate, and petroleum

Act of December 31, 1920—Extension of time for assessment work--
Act of August 24, 1921-Time for doing assessment work.
Act of January 11, 1922--Extension of time for development under the

oil leasing law.
Act of September 15, 1922-Section 18a of oil leasing law extended to

293 292 292


Act of March 4, 1923-Leases on Red River, Oklahoma, lands_



tion for recovery

Sec. 910. No possessory action between persons, in Possessory acany court of the United States, for the recovery of any of mining titles. mining title, or for damages tó any such title, shall be Feb. 27, 1865, 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.

13 S. 441.



Mineral reserved.

14 S. 86.



17 S. 91.

Sec. 2318. In all cases lands valuable for minerals shall be reserved from sale, except as otherwise expressly July 4, 1866, directed by law.

SEC. 2319. All valuable mineral deposits in lands belonging to the United States, both surveyed and unsur-by


open to purchase veyed, are hereby declared to be free and open to ex

May 10, 1872, ploration 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.

Sec. 2320. Mining claims upon veins or lodes of quartz ingenheims upon or other rock in place bearing gold, silver, cinnabar, lead, veins or lodes. tin, copper, or other valuable deposits, heretofore located, 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 tenth day of May, eighteen hundred and seventy-two, 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 tenth day of May, eighteen

Proof of citi. zenship.

17 S. 94.

Locators' rights

17 S. 91.

hundred and seventy-two, render such limitation necessary. The end lines of each claim shall be parallel to each other.

Sec. 2321. Proof of citizenship, under this chapter, May 10, 1872, may consist, in the case of an individual, of his own affi

davit 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. of possession and

Sec. 2322. The locators of all mining locations heretoenjoyment. fore made or which shall hereafter be made, on any minMay 10, 1872,

eral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists on the tenth day of May, eighteen hundred and seventy-two, 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. And 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. Owners of tun Sec. 2323. Where a tunnel is run for the development nels, rights of.

May 10, 1872, of a vein or lode, or for the discovery of mines, the own17 8. 92.

ers 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 prosecut 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.

17 S. 92.

Sec. 2324. The miners of each mining district may made by maintenso make regulations not in conflict with the laws of the May 10, 1872, 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 hereafter made 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 tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year. On all claims located prior to the tenth day of May, eighteen hundred and seventy-two, ten dollars' worth of labor shall be performed or improvements made by the tenth day of June, eighteen hundred and seventy-four, and each year thereafter, 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 co-owners to contribute his proportion of the expenditures required hereby, the co-owners who hare 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 hy 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.

SEC. 2325. A patent for any land claimed and located Patents for minfor valuable deposits may be obtained in the following obtained. manner: Any person, association, or corporation author. 17 May 20, 1872, ized to locate a claim under this chapter, having claimed and located a piece of land for such purposes, who has,

1 Amended by the Act of Feb. 11, 1875, added to by the Act of Jan. 22, 1880, and amended by the Act of Aug. 24, 1921.

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