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50 U.S.C. § 3996 — Mining claims

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

50 U.S.C. § 3996 — Mining claims

**(a) Requirements suspended** The provisions of [section 28 of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28&num=0&edition=prelim) specified in subsection (b) shall not apply to a servicemember’s claims or interests in claims, regularly located and recorded, during a period of military service and 180 days thereafter, or during any period of hospitalization or rehabilitation due to injuries or disabilities incurred in the line of duty. **(b) Requirements** The provisions in [section 28 of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28&num=0&edition=prelim) that shall not apply under subsection (a) are those which require that on each mining claim located after May 10, 1872, and until a patent has been issued for such claim, not less than $100 worth of labor shall be performed or improvements made during each year. **(c) Period of protection from forfeiture** A mining claim or an interest in a claim owned by a servicemember that has been regularly located and recorded shall not be subject to forfeiture for nonperformance of annual assessments during the period of military service and for 180 days thereafter, or for any period of hospitalization or rehabilitation described in subsection (a). **(d) Filing requirement** In order to obtain the protections of this section, the claimant of a mining location shall, before the end of the assessment year in which military service is begun or within 60 days after the end of such assessment year, cause to be filed in the office where the location notice or certificate is recorded a notice communicating the fact of military service and the desire to hold the mining claim under this section.

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Source location: Title 50, Chapter 50, § 3996; chapter-050-servicemembers-civil-relief.md

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

50 U.S.C. § 3993 — Taxes respecting personal property, money, credits, and real property

**(a) Application** This section applies in any case in which a tax or assessment, whether general or special (other than a tax on personal income), falls due and remains unpaid before or during a period of military service with respect to a servicemember’s— (1) personal property (including motor vehicles); or (2) real property occupied for dwelling, professional, business, or agricultural purposes by a servicemember or the servicemember’s dependents or employees— (A) before the servicemember’s entry into military service; and (B) during the time the tax or assessment remains unpaid. **(b) Sale of property** (1) **Limitation on sale of property to enforce tax assessment** — Property described in subsection (a) may not be sold to enforce the collection of such tax or assessment except by court order and upon the determination by the court that military service does not materially affect the servicemember’s ability to pay the unpaid tax or assessment. (2) **Stay of court proceedings** — A court may stay a proceeding to enforce the collection of such tax or assessment, or sale of such property, during a period of military service of the servicemember and for a period not more than 180 days after the termination of, or release of the servicemember from, military service. **(c) Redemption** When property described in subsection (a) is sold or forfeited to enforce the collection of a tax or assessment, a servicemember shall have the right to redeem or commence an action to redeem the servicemember’s property during the period of military service or within 180 days after termination of or release from military service. This subsection may not be construed to shorten any period provided by the law of a State (including any political subdivision of a State) for redem

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

30 U.S.C. § 28 — Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records; annual labor or improvements on claims pending issue of patent; co-owner’s succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure

The miners of each mining district may make regulations not in conflict with the laws of the 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 made after May 10, 1872, 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 10th day of May 1872, that is granted a waiver under [section 28f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28f&num=0&edition=prelim), and until a patent has been issued therefor, not less than $100 worth of labor shall be performed or improvements made during each year. On all claims located prior to the 10th day of May 1872, $10 worth of labor shall be performed or improvements made each year, 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 coowners to contribute his proporti

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

50 U.S.C. § 3901 — Private right of action

**(a) In general** Any person aggrieved by a violation of this chapter may in a civil action— (1) obtain any appropriate equitable or declaratory relief with respect to the violation; (2) recover all other appropriate relief, including monetary damages; and (3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary. **(b) Costs and attorney fees** The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under subsection (a) the costs of the action, including a reasonable attorney fee.

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

50 U.S.C. § 3995 — Desert-land entries

**(a) Desert-land rights not forfeited** A desert-land entry made or held under the desert-land laws before the entrance of the entryman or the entryman’s successor in interest into military service shall not be subject to contest or cancellation— (1) for failure to expend any required amount per acre per year in improvements upon the claim; (2) for failure to effect the reclamation of the claim during the period the entryman or the entryman’s successor in interest is in the military service, or for 180 days after termination of or release from military service; or (3) during any period of hospitalization or rehabilitation due to an injury or disability incurred in the line of duty. The time within which the entryman or claimant is required to make such expenditures and effect reclamation of the land shall be exclusive of the time periods described in paragraphs (2) and (3). **(b) Service-related disability** If an entryman or claimant is honorably discharged and is unable to accomplish reclamation of, and payment for, desert land due to a disability incurred in the line of duty, the entryman or claimant may make proof without further reclamation or payments, under regulations prescribed by the Secretary of the Interior, and receive a patent for the land entered or claimed. **(c) Filing requirement** In order to obtain the protection of this section, the entryman or claimant shall, within 180 days after entry into military service, cause to be filed in the land office of the district where the claim is situated a notice communicating the fact of military service and the desire to hold the claim under this section.

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50 U.S.C. § 3999 — Distribution of information concerning benefits of subchapter

**(a) Distribution of information by Secretary concerned** The Secretary concerned shall issue to servicemembers information explaining the provisions of this subchapter. **(b) Application forms** The Secretary concerned shall provide application forms to servicemembers requesting relief under this subchapter. **(c) Information from Secretary of the Interior** The Secretary of the Interior shall furnish to the Secretary concerned information explaining the provisions of this subchapter (other than sections 3991, 4000, and 4001 of this title) and related application forms.

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

50 U.S.C. § 3996 — Perfection or defense of rights

Page 1011 TITLE 50—WAR AND NATIONAL DEFENSE § 3998 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 3996. Perfection or defense of rights (a) Right to take action not affected This subchapter shall not affect the right of a servicemember to take action during a period of military service that is authorized by law or regulations of the Department of the Interior, for the perfection, defense, or further assertion of rights initiated or acquired before entering military service. (b) Affidavits and proofs (1) In general A servicemember during a period of military service may make any affidavit or submit any proof required by law, practice, or regulation of the Department of the Interior in connec- tion with the entry, perfection, defense, or fur- ther assertion of rights initiated or acquired before entering military service before an offi- cer authorized to provide notary services under section 1044a of title 10 or any superior commissioned officer. (2) Legal status of affidavits Such affidavits shall be binding in law and subject to the same penalties as prescribed by section 1001 of title 18. (Oct. 17, 1940, ch. 888, title V, § 506, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2857.) Editorial Notes CODIFICATION Section was formerly classified to section 566 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 506 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1188; Pub. L. 102–12, § 9(21), Mar. 18, 1991, 105 Stat. 41, related to mineral permits and leases and the suspension of oper

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