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30 U.S.C. § 706 — Liabilities of occupants; trespass; limitations

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 706 — Liabilities of occupants; trespass; limitations

**(a)** The execution of a conveyance as authorized by [section 701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section701&num=0&edition=prelim) shall not relieve any occupant of the land conveyed of any liability, existing on the date of said conveyance, to the United States for unauthorized use of the land in and to which an interest is conveyed. **(b)** Except where a mining claim embracing land applied for under this chapter by a qualified applicant was located at a time when the land included therein was withdrawn or otherwise not subject to such location, no trespass charges shall be sought or collected by the United States from any qualified applicant who has filed an application for land in the mining claim pursuant to this chapter, based upon occupancy of such claim, whether residential or otherwise, for any period preceding the final administrative determination of the invalidity of the mining claim by the Secretary of the Interior or the voluntary relinquishment of the mining claim, whichever occurs earlier. Nothing contained in this chapter shall be construed as creating any liability for trespass to the United States which would not exist in the absence of this chapter. Relief under this section shall be limited to persons who file applications for conveyances pursuant to [section 701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section701&num=0&edition=prelim) within the period ending June 30, 1971.

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Stable record: federal_law:legal_authorities:record_usc_264a915ec6e74c6fcade3e27
Source file: Laws/federal/codes/united-states-code/title-30/section-706-liabilities-of-occupants-trespass-limitations--73d0d32966.md
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Source location: Title 30, Chapter 20, § 706; chapter-020-conveyances-to-occupants-of-unpatented-mining-claims.md

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**(a)** The execution of a conveyance as authorized by [section 701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section701&num=0&edition=prelim) shall not relieve any occupant of the land conveyed of any liability, existing on the date of said conveyance, to the United States for unauthorized use of the land in and to which an interest is conveyed. **(b)** Except where a mining claim embracing land applied for under this chapter by a qualified applicant was located at a time when the land included therein was withdrawn or otherwise not subject to such location, no trespass charges shall be sought or collected by the United States from any qualified applicant who has filed an application for land in the mining claim pursuant to this chapter, based upon occupancy of such claim, whether residential or otherwise, for any period preceding the final administrative determination of the invalidity of the mining claim by the Secretary of the Interior or the voluntary relinquishment of the mining claim, whichever occurs earlier. Nothing contained in this chapter shall be construed as creating any liability for trespass to the United States which would not exist in the absence of this chapter. Relief under this section shall be limited to persons who file applications for conveyances pursuant to [section 701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section701&num=0&edition=prelim) within the period ending June 30, 1971.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 701 — Authorization to convey; acreage limitations; qualified applicants; payment; “qualified officer of the United States” defined

The Secretary of the Interior may convey to any occupant of an unpatented mining claim which is determined by the Secretary to be invalid an interest, up to and including a fee simple, in and to an area within the claim of not more than (a) five acres or (b) the acreage actually occupied by him, whichever is less. The Secretary may make a like conveyance to any occupant of an unpatented mining claim who, after notice from a qualified officer of the United States that the claim is believed to be invalid, relinquishes to the United States all rights in and to such claim which he may have under the mining laws. Any conveyance authorized by this section, however, shall be made only to a qualified applicant, as that term is defined in [section 702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section702&num=0&edition=prelim), who applies therefor within the period ending June 30, 1971, and upon payment of an amount established in accordance with [section 705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section705&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 706 — Liabilities of occupants; trespass; limita-

Page 124 TITLE 30—MINERAL LANDS AND MINING § 702 As used in this section, the term ‘‘qualified of- ficer of the United States’’ means the Secretary of the Interior or an employee of the Depart- ment of the Interior so designated by him: Pro- vided, That the Secretary may delegate his au- thority to designate qualified officers to the head of any other department or agency of the United States with respect to lands within the administrative jurisdiction of that department or agency. (Pub. L. 87–851, § 1, Oct. 23, 1962, 76 Stat. 1127; Pub. L. 90–111, § 1, Oct. 23, 1967, 81 Stat. 311.) Editorial Notes AMENDMENTS 1967—Pub. L. 90–111 extended from Oct. 23, 1967, to June 30, 1971, the period in which qualified individuals shall apply for conveyances authorized by this section. § 702. ‘‘Qualified applicant’’ defined For the purposes of this chapter a qualified ap- plicant is a residential occupant-owner, as of Oc- tober 23, 1962, of valuable improvements in an unpatented mining claim which constitute for him a principal place of residence and which he and his predecessors in interest were in posses- sion of for not less than seven years prior to July 23, 1962. (Pub. L. 87–851, § 2, Oct. 23, 1962, 76 Stat. 1127.) § 703. Withdrawal of lands in aid of a govern- mental unit Where the lands for which application is made under section 701 of this title have been with- drawn in aid of a function of a Federal depart- ment or agency other than the Department of the Interior, or of a State, county, municipality, water district, or other local governmental sub- division or agency, the Secretary of the Interior may convey an interest therein only with the consent of the head of the governmental unit concerned and under such terms and conditions as said head may

Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 706

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