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43 U.S.C. § 1744 — Recordation of mining claims

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

43 U.S.C. § 1744 — Recordation of mining claims

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Source file: Laws/federal/codes/united-states-code/title-43/section-1744-recordation-of-mining-claims--94ba59dbcb.md
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Source location: Title 43, Chapter 35, § 1744; chapter-035-federal-land-policy-and-management.md

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**(a) Filing requirements** The owner of an unpatented lode or placer mining claim located prior to October 21, 1976, shall, within the three-year period following October 21, 1976 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 October 21, 1976 shall, prior to December 31 of each year following the calendar year in which the said claim was located, file the instruments required by paragraphs (1) and (2) of this subsection: (1) File for record in the office where the location notice or certificate 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 11 So in original. Probably should be “or”. a detailed report provided by [section 28–1 of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28–1&num=0&edition=prelim), 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 pursuant 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) Additional filing requirements** The owner of an unpatented lode or placer mining claim or mill or tunnel site located prior to October 21, 1976 shall, within the three-year period following October 21, 1976, 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 October 21, 1976 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) Failure to file as constituting abandonment; defective or untimely filing** The failure to file such instruments as required by subsections (a) and (b) shall be deemed conclusively to constitute an abandonment 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 defective or not timely filed for record under other Federal laws permitting 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. **(d) Validity of claims, waiver of assessment, etc., as unaffected** Such recordation or application by itself shall not render valid any claim which would not be otherwise valid under applicable law. Nothing in this section shall be construed as a waiver of the assessment and other requirements of such law.

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

30 U.S.C. § 28–1 — Inclusion of certain surveys in labor requirements of mining claims; conditions and restrictions

The term “labor”, as used in the third sentence of [section 28 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28&num=0&edition=prelim), shall include, without being limited to, geological, geochemical and geophysical surveys conducted by qualified experts and verified by a detailed report filed in the county office in which the claim is located which sets forth fully (a) the location of the work performed in relation to the point of discovery and boundaries of the claim, (b) the nature, extent, and cost thereof, (c) the basic findings therefrom, and (d) the name, address, and professional background of the person or persons conducting the work. Such surveys, however, may not be applied as labor for more than two consecutive years or for more than a total of five years on any one mining claim, and each such survey shall be nonrepetitive of any previous survey on the same claim.

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 28–1

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

30 U.S.C. § 188 — Failure to comply with provisions of lease

**(a) Forfeiture** Except as otherwise herein provided, any lease issued under the provisions of this chapter may be forfeited and canceled by an appropriate proceeding in the United States district court for the district in which the property, or some part thereof, is located whenever the lessee fails to comply with any of the provisions of this chapter, of the lease, or of the general regulations promulgated under this chapter and in force at the date of the lease; and the lease may provide for resort to appropriate methods for the settlement of disputes or for remedies for breach of specified conditions thereof. **(b) Cancellation** Any lease issued after August 21, 1935, under the provisions of [section 226 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section226&num=0&edition=prelim) shall be subject to cancellation by the Secretary of the Interior after 30 days notice upon the failure of the lessee to comply with any of the provisions of the lease, unless or until the leasehold contains a well capable of production of oil or gas in paying quantities, or the lease is committed to an approved cooperative or unit plan or communitization agreement under [section 226(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section226/m&num=0&edition=prelim) which contains a well capable of production of unitized substances in paying quantities. Such notice in advance of cancellation shall be sent the lease owner by registered letter directed to the lease owner’s record post-office address, and in case such letter shall be returned as undelivered, such notice shall also be posted for a period of thirty days in the United States land office for the district in which the land covered by such lease is sit

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 188

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

30 U.S.C. § 242 — Oil shale claims

**(a) Notice** Notwithstanding any other provision of law, within 60 days from October 24, 1992, the Secretary of the Interior shall provide notice to each holder of an unpatented oil shale mining claim of the requirements of this Act. Such notice shall be made by registered mail and by publication in a newspaper of general circulation in the areas in which such claims are located. **(b) Full patent** The holder of a valid oil shale mining claim who has filed a patent application and received first half final certificate for patent by October 24, 1992, may obtain a patent pursuant to the general mining laws of the United States. **(c) Patent** (1) Notwithstanding any other provision of law, the holder of a valid oil shale mining claim who has filed a patent application which has been accepted for processing by the Department of the Interior by October 24, 1992, but has not received first half final certificate for patent by October 24, 1992, may receive only a patent limited to the oil shale and associated minerals, upon payment of $2.50 per acre. Title to the surface and to all other minerals, including, but not limited to, oil, gas, and coal, shall remain in the United States. Patents issued pursuant to this subsection shall provide for surface use to the same extent as is provided under applicable law prior to October 24, 1992, with respect to oil shale mining claims, subject to the requirements of subsection (f). (2) Maintenance of claims referred to in this subsection prior to patent issuance shall be in accordance with the requirements of applicable law prior to October 24, 1992. (3) Any holder of a valid oil shale mining claim referred to in this subsection may maintain such claim in accordance with the requirements set forth in subsection (e)(2) in lieu of

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 242

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

43 U.S.C. § 1621 — Miscellaneous provisions

**(a) Contract restrictions; percentage fee; enforcement; liens, executions, or judgments** None of the revenues granted by [section 1605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1605&num=0&edition=prelim), and none of the lands granted by this chapter to the Regional and Village Corporation and to Native groups and individuals shall be subject to any contract which is based on a percentage fee of the value of all or some portion of the settlement granted by this chapter. Any such contract shall not be enforceable against any Native as defined by this chapter or any Regional or Village Corporation and the revenues and lands granted by this chapter shall not be subject to lien, execution or judgment to fulfill such a contract. **(b) Patents for homesteads, headquarters sites, trade and manufacturing sites, or small tract sites; use and occupancy protection** The Secretary is directed to promptly issue patents to all persons who have made a lawful entry on the public lands in compliance with the public land laws for the purpose of gaining title to homesteads, headquarters sites, trade and manufacturing sites, or small tract sites ([43 U.S.C. 682](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section682&num=0&edition=prelim) 11 So in original. See References in Text note below.), and who have fulfilled all requirements of the law prerequisite to obtaining a patent. Any person who has made a lawful entry prior to August 31, 1971, for any of the foregoing purposes shall be protected in his right of use and occupancy until all the requirements of law for a patent have been met even though the lands involved have been reserved or withdrawn in accordance with Public Land Order 4582, as amended, or the wit

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1621

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

43 U.S.C. § 1744 — Recordation of mining claims

Page 553 TITLE 43—PUBLIC LANDS § 1744 1 So in original. Probably should be ‘‘or’’. Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ Secretary means the Secretary of the Interior, see section 2 of Pub. L. 116–9, set out as a note under sec- tion 1 of Title 16, Conservation. § 1743. Disclosure of financial interests by offi- cers or employees (a) Annual written statement; availability to pub- lic 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 per- mit, lease, or right-of-way under, or (B) ap- plies 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 con- cerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public. (b) Implementation of requirements The Secretary shall— (1) act within ninety days after October 21, 1976— (A) to define the term ‘‘known financial interests’’ for the purposes of subsection (a) of this section; and (B) to establish the methods by which the requirement to file written statements spec- ified in subsection (a) of this section will be monitored and enforced, including appro- priate provisions for the filing by such offi- cers and employees of such statements and the review by the Secretary of such state- ments; and (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) Exempted personnel In the rules

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1744

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