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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
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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Stable record: federal_law:legal_authorities:record_usc_afdfc6be63e1d2f313cfbefe
Source file: Laws/federal/codes/united-states-code/title-30/section-28-mining-district-regulations-by-miners-location-recordation-and-amount-of--bd0acd6776.md
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Passage SHA-256: 2399ac637861802353550fceb0c8b823f9e6ddf8a7b1955edf2ae1780d0fb622
Source location: Title 30, Chapter 2, § 28; chapter-002-mineral-lands-and-regulations-in-general.md
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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 proportion of the expenditures required hereby, the coowners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his co-owners who have made the required expenditures. The period within which the work required to be done annually on all unpatented mineral claims located since May 10, 1872, including such claims in the Territory of Alaska, shall commence at 12:01 ante meridian on the first day of September succeeding the date of location of such claim.
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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 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
The performance of not less than $100 worth of labor or the making of improvements aggregating such amount, which labor or improvements are required under the provisions of [section 28 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28&num=0&edition=prelim) to be made during each year, may be deferred by the Secretary of the Interior as to any mining claim or group of claims in the United States upon the submission by the claimant of evidence satisfactory to the Secretary that such mining claim or group of claims is surrounded by lands over which a right-of-way for the performance of such assessment work has been denied or is in litigation or is in the process of acquisition under State law or that other legal impediments exist which affect the right of the claimant to enter upon the surface of such claim or group of claims or to gain access to the boundaries thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 28b
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of law, for every unpatented mining claim, mill or tunnel site located after August 10, 1993, to the extent provided in advance in Appropriations Acts, pursuant to the Mining Laws of the United States, the locator shall, at the time the location notice is recorded with the Bureau of Land Management, pay to the Secretary of the Interior a location fee, in addition to the claim maintenance fee required by [section 28f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28f&num=0&edition=prelim), of $25.00 per claim.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 28g
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 28h
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal Land Policy and Management Act requirements** Nothing in sections 28f to 28k of this title shall change or modify the requirements of section 314(b) of the Federal Land Policy and Management Act of 1976 ([43 U.S.C. 1744(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1744/b&num=0&edition=prelim)), or the requirements of section 314(c) of the Federal Land Policy and Management Act of 1976 ([43 U.S.C. 1744(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1744/c&num=0&edition=prelim)) related to filings required by section 314(b), and such requirements shall remain in effect with respect to claims, and mill or tunnel sites for which fees are required to be paid under this section.
**(b) Omitted**
**(c) Fee adjustments**
(1) The Secretary of the Interior shall adjust the fees required by sections 28f to 28k of this title to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor every 5 years after August 10, 1993, or more frequently if the Secretary determines an adjustment to be reasonable.
(2) The Secretary shall provide claimants notice of any adjustment made under this subsection not later than July 1 of any year in which the adjustment is made.
(3) A fee adjustment under this subsection shall begin to apply the first assessment year which begins after adjustment is made.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 28j
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Federal law — U.S. Code and appendices · legal_authorities
Any mining claim located in a manner prescribed by the mining laws of the United States upon lands of the character described in [section 541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section541&num=0&edition=prelim), prior to May 25, 1955, if based upon a discovery of valuable source material contained in lignite shall be effective to the same extent as if such lands at the time of location, and at all times thereafter, had not been classified as or known to be valuable for coal subject to disposition under the mineral leasing laws, subject, however, to the provisions of [section 541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section541&num=0&edition=prelim): Provided, That no extralateral rights shall attach to any mining location validated under this section: And provided further, That the locator or locators of such a mining claim shall, not later than one hundred and eighty days from and after August 11, 1955, post on the claim and file for record in the office where the notice or certificate of location is of record, an amended notice of the mining location stating that such amended notice is filed pursuant to the provisions of this chapter and for the purpose of obtaining the benefits thereof; and that a copy of said amended notice is, within the said one-hundred-and-eighty-day period, filed in the land office of the Bureau of Land Management for the State in which the mining location is situated, and the mining locator thereafter complies with the requirements of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 541a
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3996
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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
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