30 U.S.C. § 39 — Surveyors of mining claims

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40 Statutory Notes and Related Subsidiaries SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.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.