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30 U.S.C. § 28h — Co-ownership
Federal law — U.S. Code and appendices · legal_authorities
The co-ownership provisions of the Mining Law of 1872 ([30 U.S.C. 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28&num=0&edition=prelim)) 11 See References in Text note below. shall remain in effect, except that in applying such provisions, the annual claim maintenance fee required under this Act shall, where applicable, replace applicable assessment requirements and expenditures.
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Source file: Laws/federal/codes/united-states-code/title-30/section-28h-co-ownership--717c30af0e.md
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Source location: Title 30, Chapter 2, § 28h; chapter-002-mineral-lands-and-regulations-in-general.md
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The co-ownership provisions of the Mining Law of 1872 ([30 U.S.C. 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28&num=0&edition=prelim)) 11 See References in Text note below. shall remain in effect, except that in applying such provisions, the annual claim maintenance fee required under this Act shall, where applicable, replace applicable assessment requirements and expenditures.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Claim maintenance fee**
(1) **Lode mining claims, mill sites, and tunnel sites** — The holder of each unpatented lode mining claim, mill site, or tunnel site, located pursuant to the mining laws of the United States before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, to the extent provided in advance in appropriations Acts, a claim maintenance fee of $100 per claim or site, respectively. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 ([30 U.S.C. 28–28e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28–28e&num=0&edition=prelim)) 11 See References in Text note below. and the related filing requirements contained in section 1744(a) and (c) of title 43.
(2) **Placer mining claims** — The holder of each unpatented placer mining claim located pursuant to the mining laws of the United States before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, the claim maintenance fee described in subsection (a)(1), for each 20 acres of the placer claim or portion thereof. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 ([30 U.S.C. 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28&num=0&edition=prelim) to 28e) 1 and the related filing requirements contained in section 1744(a) and (c) of title 43.
**(b) Time of payment** The claim main tenance 22 So in original. Probably should be “maintenance”. fee under subsection (a) shall be paid for the year in which the location is made, at the time the location notice is recorded with the Bureau of Land Management.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 28f
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 28
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Federal law — U.S. Code and appendices · legal_authorities
Page 10
TITLE 30—MINERAL LANDS AND MINING
§ 28
§ 28. Mining district regulations by miners: loca-
tion, recordation, and amount of work; mark-
ing of location on ground; records; annual
labor or improvements on claims pending
issue of patent; co-owner’s succession in in-
terest upon delinquency in contributing pro-
portion of expenditures; tunnel as lode ex-
penditure
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, gov-
erning the location, manner of recording,
amount of work necessary to hold possession of
a mining claim, subject to the following require-
ments: 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 loca-
tion, and such a description of the claim or
claims located by reference to some natural ob-
ject 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, 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 ex-
penditure may be made upon any one claim; and
upon a failure to comply with these conditions,
the claim or mine upon which such failure oc-
curred shall be open to relocation
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 28
Stored review status: historical_2024_not_currentness_verified. The source passage cites 30 U.S.C. § 28. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 14
TITLE 30—MINERAL LANDS AND MINING
§ 28h
1 See References in Text note below.
§ 28h. Co-ownership
The co-ownership provisions of the Mining
Law of 1872 (30 U.S.C. 28) 1 shall remain in effect,
except that in applying such provisions, the an-
nual claim maintenance fee required under this
Act shall, where applicable, replace applicable
assessment requirements and expenditures.
(Pub. L. 103–66, title X, § 10103, Aug. 10, 1993, 107
Stat. 406.)
Editorial Notes
REFERENCES IN TEXT
The Mining Law of 1872 (30 U.S.C. 28), referred to in
text, probably means act May 10, 1872, ch. 152, 17 Stat.
91. That act was incorporated into the Revised Statutes
as R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344, which
are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to
35, 37, 39 to 42, and 47 of this title. For complete classi-
fication of R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344
to the Code, see Tables.
This Act, referred to in text, is Pub. L. 103–66, Aug.
10, 1993, 107 Stat. 312, known as the Omnibus Budget
Reconciliation Act of 1993. The annual claim mainte-
nance fee required under this Act probably refers to the
fee required under section 28f of this title. For com-
plete classification of this Act to the Code, see Tables.
Statutory Notes and Related Subsidiaries
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.
§ 28i. Failure to pay
Failure to pay the claim maintenance fee or
the location fee as required by sections 28f to 28l
of this title shall conclusively constitute a for-
feiture of the unpatented mining claim, mill or
tunnel site by the claimant and the claim shall
be deemed null and void by operation of law.
(Pub. L. 103–66, title X, § 10104, Aug. 10,
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 28h
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.