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30 U.S.C. § 28h — Co-ownership

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 28h — Co-ownership

Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 28h

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Source file: Laws/federal/codes/united-states-code-2024/title-30/section-28h-co-ownership--99063413b3.md
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Source location: USCODE-2024-title30-chap2-sec28h.pdf

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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, 1993, 107 Stat. 406; Pub. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat. 2908.) Editorial Notes CODIFICATION Pub. L. 111–88, which directed the amendment of sec- tion 28i of title 30, United States Code, was executed by making the amendment to section 10104 of Pub. L. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 2009 Amendment note below. AMENDMENTS 2009—Pub. L. 111–88 substituted ‘‘28l’’ for ‘‘28k’’. See Codification note above. 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. § 28j. Other requirements (a) Federal Land Policy and Management Act re- quirements 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 Manage- ment Act of 1976 (43 U.S.C. 1744(b)), or the re- quirements of section 314(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(c)) related to filings required by section 314(b), and such requirements shall remain in ef- fect 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 Statis- tics of the Department of Labor every 5 years after August 10, 1993, or more frequently if the Secretary determines an adjustment to be rea- sonable. (2) The Secretary shall provide claimants no- tice of any adjustment made under this sub- section 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. (Pub. L. 103–66, title X, § 10105, Aug. 10, 1993, 107 Stat. 406.) Editorial Notes CODIFICATION Section is comprised of section 10105 of Pub. L. 103–66. Subsec. (b) of section 10105 of Pub. L. 103–66 amended section 28 of this title. 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. § 28k. Regulations The Secretary of the Interior shall promulgate rules and regulations to carry out the terms and conditions of sections 28f to 28k of this title as soon as practicable after August 10, 1993. (Pub. L. 103–66, title X, § 10106, Aug. 10, 1993, 107 Stat. 407.) 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. § 28l. Collection of mining law administration fees In fiscal year 2009 and each fiscal year there- after, the Bureau of Land Management shall col- lect from mining claim holders the mining claim maintenance fees and location fees; such fees shall be collected in the same manner as au- thorized by sections 28f and 28g of this title only to the extent provided in advance in appropria- tions Acts. (Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat. 704; Pub. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat. 2907.)

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Federal law — U.S. Code and appendices · legal_authorities

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

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

30 U.S.C. § 28 — Mining district regulations by miners: loca-

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

30 U.S.C. § 28h — Co-ownership

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

43 U.S.C. § 1744 — Recordation of mining claims

**(a) Filing requirements** The owner of an unpatented lode or placer mining claim located prior to October 21, 1976, shall, within the three-year period following October 21, 1976 and prior to December 31 of each year thereafter, file the instruments required by paragraphs (1) and (2) of this subsection. The owner of an unpatented lode or placer mining claim located after October 21, 1976 shall, prior to December 31 of each year following the calendar year in which the said claim was located, file the instruments required by paragraphs (1) and (2) of this subsection: (1) File for record in the office where the location notice or certificate is recorded either a notice of intention to hold the mining claim (including but not limited to such notices as are provided by law to be filed when there has been a suspension or deferment of annual assessment work), an affidavit of assessment work performed thereon, on 11 So in original. Probably should be “or”. a detailed report provided by [section 28–1 of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28–1&num=0&edition=prelim), relating thereto. (2) File in the office of the Bureau designated by the Secretary a copy of the official record of the instrument filed or recorded pursuant to paragraph (1) of this subsection, including a description of the location of the mining claim sufficient to locate the claimed lands on the ground. **(b) Additional filing requirements** The owner of an unpatented lode or placer mining claim or mill or tunnel site located prior to October 21, 1976 shall, within the three-year period following October 21, 1976, file in the office of the Bureau designated by the Secretary a copy of the official record of the notice of location or certificate of location, i

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1744

Stored review status: release_metadata_unconfirmed. The source passage cites 43 U.S.C. § 1744. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1744 — Recordation of mining claims

Page 553 TITLE 43—PUBLIC LANDS § 1744 1 So in original. Probably should be ‘‘or’’. Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ Secretary means the Secretary of the Interior, see section 2 of Pub. L. 116–9, set out as a note under sec- tion 1 of Title 16, Conservation. § 1743. Disclosure of financial interests by offi- cers or employees (a) Annual written statement; availability to pub- lic Each officer or employee of the Secretary and the Bureau who— (1) performs any function or duty under this Act; and (2) has any known financial interest in any person who (A) applies for or receives any per- mit, lease, or right-of-way under, or (B) ap- plies for or acquires any land or interests therein under, or (C) is otherwise subject to the provisions of, this Act, shall, beginning on February 1, 1977, annually file with the Secretary a written statement con- cerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public. (b) Implementation of requirements The Secretary shall— (1) act within ninety days after October 21, 1976— (A) to define the term ‘‘known financial interests’’ for the purposes of subsection (a) of this section; and (B) to establish the methods by which the requirement to file written statements spec- ified in subsection (a) of this section will be monitored and enforced, including appro- priate provisions for the filing by such offi- cers and employees of such statements and the review by the Secretary of such state- ments; and (2) report to the Congress on June 1 of each calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year. (c) Exempted personnel In the rules

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1744

Stored review status: historical_2024_not_currentness_verified. The source passage cites 43 U.S.C. § 1744. This identifies an authority to review, not proof of applicability.