30 U.S.C. § 28b — Annual assessment work on mining claims;

Page 11 TITLE 30—MINERAL LANDS AND MINING § 28f 1 See References in Text note below. 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. (Pub. L. 85–876, § 1, Sept. 2, 1958, 72 Stat. 1701.) § 28–2. Definitions As used in section 28–1 of this title, (a) The term ‘‘geological surveys’’ means sur- veys on the ground for mineral deposits by the proper application of the principles and tech- niques of the science of geology as they relate to the search for and discovery of mineral deposits; (b) The term ‘‘geochemical surveys’’ means surveys on the ground for mineral deposits by the proper application of the principles and techniques of the science of chemistry as they relate to the search for and discovery of mineral deposits; (c) The term ‘‘geophysical surveys’’ means surveys on the ground for mineral deposits through the employment of generally recognized equipment and methods for measuring physical differences between rock types or discontinu- ities in geological formations; (d) The term ‘‘qualified expert’’ means an indi- vidual qualified by education or experience to conduct geological, geochemical or geophysical surveys, as the case may be. (Pub. L. 85–876, § 2, Sept. 2, 1958, 72 Stat. 1701.) § 28a. Omitted Editorial Notes CODIFICATION Section, act June 29, 1950, ch. 404, 64 Stat. 275, pro- vided for extension of time of annual assessment work, on mining claims in the United States, including Alas- ka, for period commencing July 1, 1949, until 12 o’clock noon Oct. 1, 1950, and also provided for commencement of assessment work or improvements required for year ending 12 o’clock noon July 1, 1951, immediately fol- lowing 12 o’clock noon July 1, 1950. See sections 28b to 28e of this title. § 28b. Annual assessment work on mining claims; temporary deferment; conditions The performance of not less than $100 worth of labor or the making of improvements aggre- gating such amount, which labor or improve- ments are required under the provisions of sec- tion 28 of this title 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 claim- ant 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 ac- cess to the boundaries thereof. (June 21, 1949, ch. 232, § 1, 63 Stat. 214.) § 28c. Length and termination of deferment The period for which said deferment may be granted shall end when the conditions justifying deferment have been removed: Provided, That the initial period shall not exceed one year but may be renewed for a further period of one year if justifiable conditions exist: Provided further, That the relief available under sections 28b to 28e of this title is in addition to any relief avail- able under any other Act of Congress with re- spect to mining claims. (June 21, 1949, ch. 232, § 2, 63 Stat. 215.) § 28d. Performance of deferred work All deferred assessment work shall be per- formed not later than the end of the assessment year next subsequent to the removal or ces- sation of the causes for deferment or the expira- tion of any deferments granted under sections 28b to 28e of this title and shall be in addition to the annual assessment work required by law in such year. (June 21, 1949, ch. 232, § 3, 63 Stat. 215.) § 28e. Recordation of deferment Claimant shall file or record or cause to be filed or recorded in the office where the notice or certificate of location of such claim or group of claims is filed or recorded, a notice to the public of claimant’s petition to the Secretary of the Interior for deferment under sections 28b to 28e of this title, and of the order or decision dis- posing of such petition. (June 21, 1949, ch. 232, § 4, 63 Stat. 215.) § 28f. Fee (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 pursu- ant 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 pro- vided 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 re- quirement contained in the Mining Law of 1872 (30 U.S.C. 28–28e) 1 and the related filing re- quirements 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 Inte- rior, on or before September 1 of each year, the claim maintenance fee described in sub- section (a)(1), for each 20 acres of the placer claim or portion thereof. Such claim mainte- nance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 (30 U.S.C. 28 to 28e) 1 and the re-