30 U.S.C. § 43 — Conditions of sale by local legislature

Page 20 TITLE 30—MINERAL LANDS AND MINING § 41 AMENDMENTS 1925—Act Mar. 3, 1925, affected words in first sentence of text, now reading ‘‘before the register of the land of- fice.’’ Such words formerly read ‘‘before the register and receiver of the land-office.’’ Such act is treated more fully in note under section 29 of this title. Executive Documents TRANSFER OF FUNCTIONS Office of register of district land office abolished and all functions of register transferred to Secretary of the Interior, or to officers and agencies of Department of the Interior as Secretary may designate, by Reorg. Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5, Govern- ment Organization and Employees. See also note set out under section 1 of this title. § 41. Intersecting or crossing veins Where two or more veins intersect or cross each other, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersec- tion; but the subsequent location shall have the right-of-way through the space of intersection for the purposes of the convenient working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection. (R.S. § 2336.) Editorial Notes CODIFICATION R.S. § 2336 derived from act May 10, 1872, ch. 152, § 14, 17 Stat. 96. § 42. Patents for nonmineral lands: application, survey, notice, acreage limitation, payment (a) Vein or lode and mill site owners eligible Where nonmineral land not contiguous to the vein or lode is used or occupied by the propri- etor of such vein or lode for mining or milling purposes, such nonadjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same pre- liminary requirements as to survey and notice as are applicable to veins or lodes; but no loca- tion made on and after May 10, 1872, of such non- adjacent land shall exceed five acres, and pay- ment for the same must be made at the same rate as fixed by sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and sec- tion 661 of title 43 for the superficies of the lode. The owner of a quartz mill or reduction works, not owning a mine in connection therewith, may also receive a patent for his mill site, as pro- vided in this section. (b) Placer claim owners eligible Where nonmineral land is needed by the pro- prietor of a placer claim for mining, milling, processing, beneficiation, or other operations in connection with such claim, and is used or occu- pied by the proprietor for such purposes, such land may be included in an application for a pat- ent for such claim, and may be patented there- with subject to the same requirements as to sur- vey and notice as are applicable to placers. No location made of such nonmineral land shall ex- ceed five acres and payment for the same shall be made at the rate applicable to placer claims which do not include a vein or lode. (R.S. § 2337; Pub. L. 86–390, Mar. 18, 1960, 74 Stat. 7.) Editorial Notes REFERENCES IN TEXT Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43, referred to in subsec. (a), were in the original ‘‘this chapter’’, meaning chapter 6 of title 32 of the Revised Statutes, consisting of R.S. §§ 2318 to 2352. CODIFICATION R.S. § 2337 derived from act May 10, 1872, ch. 152, § 15, 17 Stat. 96. AMENDMENTS 1960—Pub. L. 86–390 designated existing provisions as subsec. (a) and added subsec. (b). § 43. Conditions of sale by local legislature As a condition of sale, in the absence of nec- essary legislation by Congress, the local legisla- ture of any State or Territory may provide rules for working mines, involving easements, drain- age, and other necessary means to their com- plete development; and those conditions shall be fully expressed in the patent. (R.S. § 2338.) Editorial Notes CODIFICATION R.S. § 2338 derived from act July 26, 1866, ch. 262, § 5, 14 Stat. 252. Statutory Notes and Related Subsidiaries SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. §§ 44, 45. Omitted Editorial Notes CODIFICATION Section 44, R.S. § 2341; act Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097, provided for extension of provisions of Homestead laws to citizens of United States who had prior to 1874 located on lands designated prior to 1866 as mineral lands, and improved them for agricultural pur- poses, provided no valuable mineral deposits had been discovered thereon. Section 45, R.S. § 2342; act Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097, provided for setting apart the lands as agri- cultural. § 46. Additional land districts and officers The President is authorized to establish addi- tional land districts, and to appoint the nec- essary officers under existing laws, wherever he may deem the same necessary for the public convenience in executing the provisions of sec- tions 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43.