50 U.S.C. § 3995 — Mineral permits and leases

Page 1010 TITLE 50—WAR AND NATIONAL DEFENSE § 3994 entryman or claimant may make proof without further reclamation or payments, under regula- tions prescribed by the Secretary of the Inte- rior, and receive a patent for the land entered or claimed. (c) Filing requirement In order to obtain the protection of this sec- tion, the entryman or claimant shall, within 180 days after entry into military service, cause to be filed in the land office of the district where the claim is situated a notice communicating the fact of military service and the desire to hold the claim under this section. (Oct. 17, 1940, ch. 888, title V, § 503, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2856.) Editorial Notes CODIFICATION Section was formerly classified to section 563 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 503 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1187, related to death or incapacity during or resulting from service as affecting rights and perfec- tion of rights, prior to the general amendment of this Act by Pub. L. 108–189. See section 3996 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 3994. Mining claims (a) Requirements suspended The provisions of section 28 of title 30 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 rehabili- tation due to injuries or disabilities incurred in the line of duty. (b) Requirements The provisions in section 28 of title 30 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 regu- larly located and recorded shall not be subject to forfeiture for nonperformance of annual as- sessments 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 sec- tion, the claimant of a mining location shall, be- fore 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. (Oct. 17, 1940, ch. 888, title V, § 504, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2856.) Editorial Notes CODIFICATION Section was formerly classified to section 564 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 504 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1187; Pub. L. 102–12, § 9(19), Mar. 18, 1991, 105 Stat. 40, related to desert-land entries and the suspen- sion of requirements, prior to the general amendment of this Act by Pub. L. 108–189. See section 3993 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 3995. Mineral permits and leases (a) Suspension during military service A person holding a permit or lease on the pub- lic domain under the Federal mineral leasing laws who enters military service may suspend all operations under the permit or lease for the duration of military service and for 180 days thereafter. The term of the permit or lease shall not run during the period of suspension, nor shall any rental or royalties be charged against the permit or lease during the period of suspen- sion. (b) Notification In order to obtain the protection of this sec- tion, the permittee or lessee shall, within 180 days after entry into military service, notify the Secretary of the Interior by registered mail of the fact that military service has begun and of the desire to hold the claim under this section. (c) Contract modification This section shall not be construed to super- sede the terms of any contract for operation of a permit or lease. (Oct. 17, 1940, ch. 888, title V, § 505, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2857.) Editorial Notes CODIFICATION Section was formerly classified to section 565 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 505 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1188; Pub. L. 102–12, § 9(20), Mar. 18, 1991, 105 Stat. 41, related to mining claims and the suspension of requirements, prior to the general amendment of this Act by Pub. L. 108–189. See section 3994 of this title. Page 1011 TITLE 50—WAR AND NATIONAL DEFENSE § 3998 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 3996. Perfection or defense of rights (a) Right to take action not affected This subchapter shall not affect the right of a servicemember to take action during a period of military service that is authorized by law or regulations of the Department of the Interior, for the perfection, defense, or further assertion of rights initiated or acquired before entering military service. (b) Affidavits and proofs (1) In general A servicemember during a period of military service may make any affidavit or submit any proof required by law, practice, or regulation of the Department of the Interior in connec- tion with the entry, perfection, defense, or fur- ther assertion of rights initiated or acquired before entering military service before an offi- cer authorized to provide notary services under section 1044a of title 10 or any superior commissioned officer. (2) Legal status of affidavits Such affidavits shall be binding in law and subject to the same penalties as prescribed by section 1001 of title 18. (Oct. 17, 1940, ch. 888, title V, § 506, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2857.) Editorial Notes CODIFICATION Section was formerly classified to section 566 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 506 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1188; Pub. L. 102–12, § 9(21), Mar. 18, 1991, 105 Stat. 41, related to mineral permits and leases and the suspension of operations and term of permits and leases, prior to the general amendment of this Act by Pub. L. 108–189. See section 3995 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 3997. Distribution of information concerning benefits of subchapter (a) Distribution of information by Secretary con- cerned The Secretary concerned shall issue to servicemembers information explaining the pro- visions of this subchapter. (b) Application forms The Secretary concerned shall provide applica- tion forms to servicemembers requesting relief under this subchapter. (c) Information from Secretary of the Interior The Secretary of the Interior shall furnish to the Secretary concerned information explaining the provisions of this subchapter (other than sections 3991, 4000, and 4001 of this title) and re- lated application forms. (Oct. 17, 1940, ch. 888, title V, § 507, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2857.) Editorial Notes CODIFICATION Section was formerly classified to section 567 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 507 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1188; Pub. L. 102–12, § 9(22), Mar. 18, 1991, 105 Stat. 41, related to right to take action for perfection and defense of rights as unaffected, and affidavits and proofs, prior to the general amendment of this Act by Pub. L. 108–189. See section 3996 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 3998. Land rights of servicemembers (a) No age limitations Any servicemember under the age of 21 in military service shall be entitled to the same rights under the laws relating to lands owned or controlled by the United States, including min- ing and mineral leasing laws, as those servicemembers who are 21 years of age. (b) Residency requirement Any requirement related to the establishment of a residence within a limited time shall be sus- pended as to entry by a servicemember in mili- tary service or the spouse of such servicemember until 180 days after termination of or release from military service. (c) Entry applications Applications for entry may be verified before a person authorized to administer oaths under section 1044a of title 10 or under the laws of the State where the land is situated. (Oct. 17, 1940, ch. 888, title V, § 508, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2857; amend- ed Pub. L. 111–97, § 4(a), Nov. 11, 2009, 123 Stat. 3008.) Editorial Notes CODIFICATION Section was formerly classified to section 568 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 508 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1189, related to irrigation rights and suspension of residence requirements, prior to the general amend- ment of this Act by Pub. L. 108–189. AMENDMENTS 2009—Subsec. (b). Pub. L. 111–97 inserted ‘‘or the spouse of such servicemember’’ after ‘‘a servicemember in military service’’.