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48 U.S.C. § 373 to 385 — Transferred

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

48 U.S.C. § 373 to 385 — Transferred

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Stable record: federal_law:legal_authorities:record_usc_563736c042c4c679f193ad0c
Source file: Laws/federal/codes/united-states-code/title-48/section-373-to-385-48-u-s-c-373-to-385-transferred--cc720c45bb.md
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Source location: Title 48, Chapter 2, § 373 to 385; chapter-002-alaska.md

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### Statutory Notes #### Codification Section 373, acts July 8, 1916, ch. 228, § 1, 39 Stat. 352; June 28, 1918, ch. 110, 40 Stat. 632, which set a limit on the amount of homestead entries, was transferred to [section 270–8 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–8&num=0&edition=prelim), Public Lands, and was subsequently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 374, acts July 8, 1916, ch. 228, § 1, 39 Stat. 352; June 28, 1918, ch. 110, 40 Stat. 632, which permitted a homestead entry in Alaska notwithstanding a former homestead entry in another state or territory, was transferred to [section 270–9 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–9&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 375, act July 8, 1916, ch. 228, § 2, as added June 28, 1918, ch. 110, 40 Stat. 633; amended Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; July 11, 1956, ch. 571, § 1, 70 Stat. 528, which made provision for proof of entry on unsurveyed lands, was transferred to [section 270–10 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–10&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 376, acts Mar. 8, 1922, ch. 96, § 1, 42 Stat. 415; Aug. 23, 1958, Pub. L. 85–725, § 1, 72 Stat. 730, which covered claims on land containing coal, oil, and gas, was transferred to [section 270–11 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–11&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 377, acts Mar. 8, 1922, ch. 96, § 2, 42 Stat. 416; Aug. 23, 1958, Pub. L. 85–725, § 2, 72 Stat. 730, which called for the inclusion, in the patent for lands containing coal, oil, and gas, of a reservation to the United States of such minerals together with the right to prospect for, mine, and remove the same, was transferred to [section 270–12 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–12&num=0&edition=prelim). Section 377a, act Mar. 8, 1922, ch. 96, § 3, as added Aug. 17, 1961, Pub. L. 87–147, 75 Stat. 384; amended Oct. 3, 1962, Pub. L. 87–742, 76 Stat. 740, which allowed the Secretary of the Interior to make disposition of lands known to contain coal, oil, or gas, was transferred to [section 270–13 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–13&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 378, act July 8, 1916, ch. 228, § 3, formerly § 2, 39 Stat. 352, renumbered June 28, 1918, ch. 110, 40 Stat. 633, which excepted from homestead settlement and entry the lands in the Annette and Pribilof Islands, islands leased or occupied for the propagation of foxes, and other islands reserved or withdrawn from settlement or entry, was transferred to [section 270–14 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–14&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 379, acts Apr. 13, 1926, ch. 121, § 1, 44 Stat. 243; Apr. 29, 1950, ch. 134, § 3, 64 Stat. 93, which permitted departure from the system of rectangular forms made by north-south lines in setting out homestead claims when local or topographic conditions required, was transferred to [section 270–15 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–15&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 380, acts Oct. 28, 1921, ch. 114, § 1 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; Apr. 13, 1926, ch. 121, § 2, 44 Stat. 244, which made provision for the survey of soldier’s additional entry, was transferred to [section 270–16 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–16&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 380a, act Apr. 13, 1926, ch. 121, § 3, 44 Stat. 244, which provided for the disposition of sums deposited was transferred to [section 270–17 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–17&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 381, acts June 6, 1900, ch. 786, § 26, 31 Stat. 329; May 31, 1938, ch. 297, 52 Stat. 588; Aug. 8, 1947, ch. 514, § 1, 61 Stat. 916; Aug. 14, 1958, Pub. L. 85–662, 72 Stat. 615, which extended the mining laws of the United States to the Territory of Alaska, was transferred to [section 49a of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section49a&num=0&edition=prelim), Mineral Lands and Mining. Section 381a, act May 4, 1934, ch. 211, §§ 2, 3, 48 Stat. 663, which extended the mining laws relating to placer claims to the Territory of Alaska, was transferred to [section 49b of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section49b&num=0&edition=prelim). Section 381b, act May 4, 1934, ch. 211, § 3, 48 Stat. 663, which related to effective date of [section 381a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section381a&num=0&edition=prelim), is set out as a note under [section 49b of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section49b&num=0&edition=prelim). Section 382, act June 6, 1900, ch. 786, § 15, 31 Stat. 327, which required recording notices of location of mining claims, was transferred to [section 49c of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section49c&num=0&edition=prelim). Section 383, act June 6, 1900, ch. 786, § 16, 31 Stat. 328, which authorized regulations for recording notices of location of mining claims, and legalized certain records, was transferred to [section 49d of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section49d&num=0&edition=prelim). Section 384, act Mar. 2, 1907, ch. 2559, § 1, 34 Stat. 1243, which required annual labor or improvements on mining claims, was transferred to [section 49e of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section49e&num=0&edition=prelim). Section 385, act Mar. 2, 1907, ch. 2559, § 2, 34 Stat. 1243, which prescribed the fees for filing proofs of work and improvements, was transferred to [section 49f of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section49f&num=0&edition=prelim).

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

30 U.S.C. § 49c — Recording notices of location of Alaskan mining claims

Notices of location of mining claims shall be filed for record within ninety days from the date of the discovery of the claim described in the notice, and all instruments shall be recorded in the recording district in which the property or subject matter affected by the instrument is situated, and where the property or subject matter is not situated in any established recording district the instrument affecting the same shall be recorded in the office of the clerk of the division of the court having supervision over the recording division in which such property or subject matter is situated.

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

30 U.S.C. § 49d — Miners’ regulations for recording notices in Alaska; certain records legalized

Miners in any organized mining district may make rules and regulations governing the recording of notices of location of mining claims, water rights, flumes and ditches, mill sites and affidavits of labor, not in conflict with this Act or the general laws of the United States; and nothing in this Act shall be construed so as to prevent the miners in any regularly organized mining district not within any recording district established by the court from electing their own mining recorder to act as such until a recorder therefor is appointed by the court: Provided further, All records regularly made by the United States commissioner prior to June 6, 1900, at Dyea, Skagway, and the recorder at Douglas City, not in conflict with any records regularly made with the United States commissioner at Juneau, are legalized. And all records made in good faith prior to June 6, 1900, in any regularly organized mining district are made public records.

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

43 U.S.C. § 270–11 — Repealed. Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789

### Statutory Notes Section, acts Mar. 8, 1922, ch. 96, § 1, 42 Stat. 415; Aug. 23, 1958, Pub. L. 85–725, § 1, 72 Stat. 730, related to entry on land containing coal, oil, or gas. #### Effective Date of Repeal Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976. #### Savings Provision Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under [section 1701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1701&num=0&edition=prelim).

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

30 U.S.C. § 49f — Fees of recorders in Alaska for filing proofs of work and improvements

The recorders for the several divisions or districts of Alaska shall collect the sum of $1.50 as a fee for the filing, recording, and indexing annual proofs of work and improvements for each claim so recorded under the provisions of [section 49e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section49e&num=0&edition=prelim).

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

30 U.S.C. § 49b — Mining laws relating to placer claims extended to Alaska

The general mining laws of the United States so far as they are applicable to placer-mining claims, as prior to May 4, 1934, extended to the Territory of Alaska, are declared to be in full force and effect in said Territory: Provided, That nothing herein shall be held to change or affect the rights acquired by locators or owners of placer-mining claims prior to May 4, 1934, located in said Territory under act August 1, 1912 (37 Stat. 242, 243) and amendatory act March 3, 1925 (43 Stat. 1118).

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

43 U.S.C. § 270–12 — Disposal by United States of coal, oil, or gas deposits reserved to United States; entry, reentry, etc., on lands for prospecting, mining, and removal

The coal, oil, or gas deposits reserved to the United States in accordance with the act of March 8, 1922 (42 Stat. 415; [43 U.S.C. 270–11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270-11&num=0&edition=prelim) et seq.), as added to by the Act of August 17, 1961 (75 Stat. 384; [43 U.S.C. 270–13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–13&num=0&edition=prelim)), and amended by the Act of October 3, 1962 (76 Stat. 740; [43 U.S.C. 270–13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–13&num=0&edition=prelim)), shall be subject to disposal by the United States in accordance with the provisions of the laws applicable to coal, oil, or gas deposits or coal, oil, or gas lands in Alaska in force at the time of such disposal. Any person qualified to acquire coal, oil, or gas deposits, or the right to mine or remove the coal or to drill for and remove the oil or gas under the laws of the United States shall have the right at all times to enter upon the lands patented under the Act of March 8, 1922, as amended, and in accordance with the provisions hereof, for the purpose of prospecting for coal, oil, or gas therein, upon the approval by the Secretary of the Interior of a bond or undertaking to be filed with him as security for the payment of all damages to the crops and improvements on such lands by reason of such prospecting. Any person who has acquired from the United States the coal, oil, or gas deposits in any such land, or the right to mine, drill for, or remove the same, may reenter and occupy so much of the surface thereof incident to the mining and removal of the coal, oil, or gas therefrom, and mine and remove the coal or drill for and remove oil and gas upon payment

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30 U.S.C. § 49a — Mining laws of United States extended to Alaska; exploration and mining for precious metals; regulations; conflict of laws; permits; dumping tailings; pumping from sea; reservation of roadway; title to land below line of high tide or high-water mark; transfer of title to future State

The laws of the United States relating to mining claims, mineral locations, and rights incident thereto are extended to the Territory of Alaska: Provided, That, subject only to the laws enacted by Congress for the protection and preservation of the navigable waters of the United States, and to the laws for the protection of fish and game, and subject also to such general rules and regulations as the Secretary of the Interior may prescribe for the preservation of order and the prevention of injury to the fish and game, all land below the line of ordinary high tide on tidal waters and all land below the line of ordinary high-water mark on nontidal water navigable in fact, within the jurisdiction of the United States, shall be subject to exploration and mining for gold and other precious metals, and in the Chilkat River, and its tributaries, within two and three-tenths miles of United States survey numbered 991 for all metals, by citizens of the United States, or persons who have legally declared their intentions to become such, under such reasonable rules and regulations as the miners in organized mining districts may have heretofore made or may hereafter make governing the temporary possession thereof for exploration and mining purposes until otherwise provided by law: Provided further, That the rules and regulations established by the miners shall not be in conflict with the mining laws of the United States; and no exclusive permit shall be granted by the Secretary of the Interior authorizing any person or persons, corporation, or company to excavate or mine under any of said waters, and if such exclusive permit has been granted it is revoked and declared null and void. The rules and regulations prescribed by the Secretary of the Interior under this section shall not, h

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

30 U.S.C. § 49e — Annual labor or improvements on Alaskan mining claims; affidavits; burden of proof; forfeitures; location anew of claims; perjury

During each year and until patent has been issued therefor, at least $100 worth of labor shall be performed or improvements made on, or for the benefit or development of, in accordance with existing law, each mining claim in Alaska heretofore or hereafter located. And the locator or owner of such claim or some other person having knowledge of the facts may also make and file with the said recorder of the district in which the claims shall be situated an affidavit showing the performance of labor or making of improvements to the amount of $100 as aforesaid and specifying the character and extent of such work. Such affidavits shall set forth the following: First, the name or number of the mining claims and where situated; second, the number of days’ work done and the character and value of the improvements placed thereon; third, the date of the performance of such labor and of making improvements; fourth, at whose instance the work was done or the improvements made; fifth, the actual amount paid for work and improvement, and by whom paid when the same was not done by the owner. Such affidavit shall be prima facie evidence of the performance of such work or making of such improvements, but if such affidavits be not filed within the time fixed by this section the burden of proof shall be upon the claimant to establish the performance of such annual work and improvements. And upon failure of the locator or owner of any such claim to comply with the provisions of this section, as to performance of work and improvements, such claim shall become forfeited and open to location by others as if no location of the same had ever been made. The affidavits required may be made before any officer authorized to administer oaths, and the provisions of sections 1621 and 1622 of title 18,

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