30 U.S.C. § 38 — Evidence of possession and work to estab-

Page 18 TITLE 30—MINERAL LANDS AND MINING § 36 sions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of mineral land in any legal subdivision a quan- tity of agricultural land less than forty acres re- mains, such fractional portion of agricultural land may be entered by any party qualified by law, for homestead purposes. (R.S. §§ 2329, 2331; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097.) Editorial Notes CODIFICATION R.S. § 2329 derived from act July 9, 1870, ch. 235, § 12, 16 Stat. 217. R.S. § 2331 derived from act May 10, 1872, ch. 152, § 10, 17 Stat. 94. Statutory Notes and Related Subsidiaries SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. § 36. Subdivisions of 10-acre tracts; maximum of placer locations; homestead claims of agri- cultural lands; sale of improvements Legal subdivisions of forty acres may be sub- divided into ten-acre tracts; and two or more persons, or associations of persons, having con- tiguous claims of any size, although such claims may be less than ten acres each, may make joint entry thereof; but no location of a placer claim, made after the 9th day of July 1870, shall exceed one hundred and sixty acres for any one person or association of persons, which location shall conform to the United States surveys; and noth- ing in this section contained shall defeat or im- pair any bona fide homestead claim upon agri- cultural lands, or authorize the sale of the im- provements of any bona fide settler to any pur- chaser. (R.S. § 2330; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097.) Editorial Notes CODIFICATION R.S. § 2330 derived from act July 9, 1870, ch. 235, § 12, 16 Stat. 217. Statutory Notes and Related Subsidiaries SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. § 37. Proceedings for patent where boundaries contain vein or lode; application; statement including vein or lode; issuance of patent: acreage payments for vein or lode and placer claim; costs of proceedings; knowledge af- fecting construction of application and scope of patent Where the same person, association, or cor- poration is in possession of a placer claim, and also a vein or lode included within the bound- aries thereof, application shall be made for a patent for the placer claim, with the statement that it includes such vein or lode, and in such case a patent shall issue for the placer claim, subject to the provisions of 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, including such vein or lode, upon the payment of $5 per acre for such vein or lode claim, and twenty-five feet of surface on each side thereof. The remainder of the placer claim, or any placer claim not em- bracing any vein or lode claim, shall be paid for at the rate of $2.50 per acre, together with all costs of proceedings; and where a vein or lode, such as is described in section 23 of this title, is known to exist within the boundaries of a placer claim, an application for a patent for such plac- er claim which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer claim is not known, a patent for the placer claim shall convey all valuable mineral and other deposits within the boundaries thereof. (R.S. § 2333.) 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 text, 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. § 2333 derived from act May 10, 1872, ch. 152, § 11, 17 Stat. 94. § 38. Evidence of possession and work to estab- lish right to patent Where such person or association, they and their grantors, have held and worked their claims for a period equal to the time prescribed by the statute of limitations for mining claims of the State or Territory where the same may be situated, evidence of such possession and work- ing of the claims for such period shall be suffi- cient to establish a right to a patent thereto under 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, in the absence of any adverse claim; but nothing in such sections shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a pat- ent. (R.S. § 2332.) 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 text, 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. § 2332 derived from act July 9, 1870, ch. 235, § 13, 16 Stat. 217. Page 19 TITLE 30—MINERAL LANDS AND MINING § 40 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. § 39. Surveyors of mining claims The Director of the Bureau of Land Manage- ment may appoint in each land district con- taining mineral lands as many competent sur- veyors as shall apply for appointment to survey mining claims. The expenses of the survey of vein or lode claims, and the survey and subdivi- sion of placer claims into smaller quantities than one hundred and sixty acres, together with the cost of publication of notices, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States deputy surveyor to make the sur- vey. The Director of the Bureau of Land Man- agement shall also have power to establish the maximum charges for surveys and publication of notices under 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; and, in case of excessive charges for publication, he may designate any newspaper published in a land district where mines are sit- uated for the publication of mining notices in such district, and fix the rates to be charged by such paper; and, to the end that the Director may be fully informed on the subject, each ap- plicant shall file with the register a sworn state- ment of all charges and fees paid by such appli- cant for publication and surveys, together with all fees and money paid the register of the land office, which statement shall be transmitted, with the other papers in the case, to the Direc- tor of the Bureau of Land Management. (R.S. § 2334; Mar. 3, 1925, ch. 462, 43 Stat. 1144, 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) 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 text, 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. § 2334 derived from act May 10, 1872, ch. 152, § 12, 17 Stat. 95. AMENDMENTS 1925—Act Mar. 3, 1925, affected words in first sentence of text, now reading ‘‘The United States supervisor of surveys,’’ and words in third sentence of text, now read- ing ‘‘money paid the register of the Land Office.’’ Such words formerly read ‘‘the surveyor-general of the United States,’’ and ‘‘and money paid the register and the receiver of the land-office.’’ Such act is treated more fully in note under section 29 of this title. Executive Documents TRANSFER OF FUNCTIONS Director of the Bureau of Land Management sub- stituted for United States Supervisor of Surveys in sen- tence beginning ‘‘The Director of the Bureau of Land Management may appoint’’. In the establishment of the Bureau of Land Management 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, Government Organi- zation and Employees, the office of Supervisor of Sur- veys was abolished and the functions and powers were transferred to the Secretary of the Interior, to be per- formed by such officers or agencies of the Department as might be designated by the Secretary. Under that authority, the functions and powers formerly exercised by the Supervisor of Surveys were delegated to the Chief Cadastral Engineer, subject to the supervision of the Director of the Bureau of Land Management. In the general reorganization and realignment of functions of the Bureau, the office of the Chief Cadastral Engineer was abolished, and the functions of that office have been delegated to the Director of the Bureau of Land Management. See 43 C.F.R. § 9180.0–3(a)(1). In sentence beginning ‘‘The Director of the Bureau of Land Management shall also have power’’, ‘‘Director of the Bureau of Land Management’’ substituted for ‘‘Commissioner of the General Land Office’’ in two in- stances and ‘‘Director’’ for ‘‘Commissioner’’ on author- ity of Reorg. Plan No. 3 of 1946, § 403, set out in the Ap- pendix to Title 5. Section 403 of Reorg. Plan No. 3 of 1946, abolished the office of the Commissioner of the General Land Office and consolidated the functions of the General Land Office with the Grazing Service to form the Bureau of Land Management. 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, set out in the Appendix to Title 5. See also note set out under section 1 of this title. § 40. Verification of affidavits All affidavits required to be made under 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 may be verified before any officer authorized to administer oaths within the land district where the claims may be situated, and all testi- mony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register of the land office. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the oppos- ing party; or if such party cannot be found, then by publication of at least once a week for thirty days in a newspaper, to be designated by the reg- ister of the land office as published nearest to the location of such land; and the register shall require proof that such notice has been given. (R.S. § 2335; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) 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 text, 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. § 2335 derived from act May 10, 1872, ch. 152, § 13, 17 Stat. 95.