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ships withdrawn.


of selection by the State for the aforesaid period of sixty days as herein provided for; and after the expiration of such period of sixty days any lands which may remain unselected by the State, and not otherwise appropriated according to law, shall be subject to disposal under gen

eral laws as other public lands: And provided further, That Notice of town. the Commissioner of the General Land Office shall give

notice immediately of the reservation of any township or
townships to the local land office in which the land is
situate of the withdrawal of such township or townships,
for the purpose hereinbefore provided. And provided
further, That the governors of the several States herein
named are authorized to advance money from time to
time for the survey of the townships withdrawn at such
United States depository as may be designated by the
Commissioner of the General Land Office, and the moneys
so advanced shall be reimbursable. The foregoing pro-
visions shall be applicable to Utah when admitted as a
State into the Union and a governor is duly inaugurated
and acting
Extract from the Indian appropriation act, approved March 2, 1895 (28

Stat., 899). Selections of That any State or Territory entitled to indemnity reservations school lands or entitled to select lands for educational

purposes under existing law may select such lands within the boundaries of any Indian reservation in such State or Territory from the surplus lands thereof, purchased by the United States after allotments have been made to the Indians of such reservation, and prior to the opening of such reservation to settlement.







Pago. Revised Statutes, Sec. 910—Action for recovery of mining titles.. 178 Secs. 2318–2346– Lands reserved except as provided by law

Open to purchase-Length of claims—Citizenship-Right of possession-Owners of tunnels Regulations by miners-Patents, how obtained-Adverse claim-Description-Monuments to govern-Placer claims-Subdivisions of 10 acres—Conformity to surveys-Rights to patent, proceedingsSurveyors-Officers authorized to administer oaths—Intersection of veins-Mill sites Local legislatures-Water rights-Agricultural lands—Certain States excepted-Mineral lands excepted from State grants..........

178 Act of June 6, 1874 (18 Stat., 61)-First annual payment extended on claims located prior to May 10, 1872....

187 Act of February 11, 1875 (18 Stat., 315)--Money expended in tunnel...

187 Act of May 5, 1876 (19 Stat., 52)— Missouri and Kansas excluded.. Act of June 3, 1878 (20 Stat., 88)—Timber for mining and domestic purposes.......

188 Act of January 22, 1880 (21 Stat., 61)--Application for patent by

agent-Annual work to commence... Act of March 3, 1881 (21 Stat., 505)—No patent for land in controversy unless title is established...

189 Act of April 26, 1882 (22 Stat., 49)-Adverse claim verified by agent-Affidavit of citizenship.....

189 Act of March 3, 1883 (22 Stat., 487)—Alabama excepted........ Act of March 3, 1891 (26 Stat., 1101)-Townsites on...

190 Act of August 4, 1892 (27 Stat., 348)—Lands chiefly valuable for building stone subject to placer laws........

191 Act of June 10, 1896 (29 Stat., 353, 357, 360)–Ceded Fort Bel

knap and Blackfoot lands, Montana, and San Carlos, Arizona, subject to mineral land laws.........

191 Act of February 11, 1897 (29 Stat., 526)-Petroleum lands subject to placer laws......

192 Act of June 4, 1897 (30 Stat., 34, 35, 36)-Mineral lands within forest reservations.......

192 Act of January 31, 1901 (31 Stat., 745)-Saline lands subject to placer laws.........


193 Act of May 27, 1902 (32 Stat., 263)—Mineral lands within the Uintah and White River Indian Reservations.....

193 Act of February 12, 1903 (32 Stat., 825)--Assessment work on five contiguous oil claims.....

194 Act of March 3, 1903 (32 Stat., 998)-Mining claims on Uncom. pahgre Indian Reservation, Utah...

194 Act of April 23, 1904 (33'Stat., 302)—Mineral lands in the Flathead Indian Reservation, Mont.......


195 Act of April 27, 1904 (33 Stat., 352)–Crow Indian Reservation Mont........

196 Act of December 21, 1904 (33 Stat., 595)-Yakima Indian Reservation, Wash........

196 Act of March 3, 1905 (33 Stat., 1016)—Shoshone or Wind River Indian Reservation, Wyo...

197 Act of March 22, 1906 (34 Stat., 80)—Colville Indian Reservation, Wash...

197 Act of June 21, 1906 (34 Stat., 336)—Coeur d'Alene Indian Res· ervation, Idaho......

198 Act of May 27, 1908 (35 Stat., 365)—Mining claims prohibited in Mount Ranier National Park........


198 61002°-S. Doc. 547, 64-1- 12



Act of May 29, 1908 (35 Stat., 467)—Mining laws extended to Page.
Bitter Root Valley, Mont...

Act of February 24, 1909 (35 Stat., 645)—Repayment of deposits
for mineral surveys.....

199 Act of February 25, 1909 (35 Stat., 650)—Five years allowed to

complete entries in Shoshone or Wind River Indian Reser-
vation, Wyo.......

Act of March 2, 1911 (36 Stat., 1015)—To protect locators of oil
and gas lands................................................

199 Act of August 25, 1914 (38 Stat., 708)—Amends act of March 2,

Act of January 11, 1915 (38 Stat., 792)—Prior placer locations for

phosphate rock validated...

200 201



..Possessory ac. SEC. 910. No possessory action between persons, in tion for recovery of mining titles. any court of the United States, for the recovery of any

Feb. 27, 1865, 13 S., 441.' 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.


open to purchase

Mineral lands Sec. 2318. In all cases lands valuable for minerals

July 4, 1866, 14 shall be reserved from sale, except as otherwise expressly S., 86.

directed by law. Mineral lands SEC. 2319. All valuable mineral deposits in lands beby citizens. longing to the United States, both surveyed and unsur

May 10, 1872, 17 8., 91.

veyed, are hereby declared to be free and open to exploration 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. Length of min. Sec. 2320. Mining claims.upon veins or lodes of quartz ing claims upon veins or lodes., or other rock in place bearing gold, silver, cinnabar, lead,

May 10, 1872, 17 ; S., 91.

tin, copper, or other valuable deposits, heretofore located, 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 hundred and seventy-two, render such limitation necessary. The end lines of each claim shall be parallel to each other.

Locators' rights of posses


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

Sec. 2322. The locators of all mining locations hereto- etc tops fore made or which shall hereafter be made, on any min-sion and enjoy. eral vein, lode, or ledge, situated on the public domain, "May 10, 1872, their heirs and assigns, where no adverse claim exists on 17 8., 91. 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.

SEC. 2323. Where a tunnel is run for the development nowners of tunof a vein or lode, or for the discovery of mines, the own- May 10, 1872, 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 prosecute 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.

SEC. 2324. The miners of each mining district may Regulations make regulations not in conflict with the laws of the May 10, 1872,

17 S., 92. United States, or with the laws of the State or Territory in which the district is situated, governing the location,

17 S., 92.

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 con-
tain 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 perma-
nent 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 there-
for, 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 there-
for; 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 have
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 by 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. Patents for min- Sec. 2325. A patent for any land claimed and located eral lands, how

for valuable deposits may be obtained in the following May 10, 1872, 17, S., 92.

manner: Any person, association, or corporation authorized to locate a claim under this chapter, having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of this chapter, may file in the proper land office an application for a patent, under oath, showing such compliance, together with a plat and field notes of the claim or claims in common, made by or under the direction of the United States surveyor-general, showing accurately the boundaries of the claim or claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a con


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