30 U.S.C. § 40 — Verification of affidavits

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40 Statutory Notes and Related Subsidiaries SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.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. Page 20 TITLE 30—MINERAL LANDS AND MINING § 41 AMENDMENTS 1925—Act Mar. 3, 1925, affected words in first sentence of text, now reading ‘‘before the register of the land of- fice.’’ Such words formerly read ‘‘before the register and receiver of the land-office.’’ Such act is treated more fully in note under section 29 of this title. Executive Documents TRANSFER OF FUNCTIONS 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, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5, Govern- ment Organization and Employees. See also note set out under section 1 of this title. § 41. Intersecting or crossing veins Where two or more veins intersect or cross each other, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersec- tion; but the subsequent location shall have the right-of-way through the space of intersection for the purposes of the convenient working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection. (R.S. § 2336.) Editorial Notes CODIFICATION R.S. § 2336 derived from act May 10, 1872, ch. 152, § 14, 17 Stat. 96. § 42. Patents for nonmineral lands: application, survey, notice, acreage limitation, payment (a) Vein or lode and mill site owners eligible Where nonmineral land not contiguous to the vein or lode is used or occupied by the propri- etor of such vein or lode for mining or milling purposes, such nonadjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same pre- liminary requirements as to survey and notice as are applicable to veins or lodes; but no loca- tion made on and after May 10, 1872, of such non- adjacent land shall exceed five acres, and pay- ment for the same must be made at the same rate as fixed by sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and sec- tion 661 of title 43 for the superficies of the lode. The owner of a quartz mill or reduction works, not owning a mine in connection therewith, may also receive a patent for his mill site, as pro- vided in this section. (b) Placer claim owners eligible Where nonmineral land is needed by the pro- prietor of a placer claim for mining, milling, processing, beneficiation, or other operations in connection with such claim, and is used or occu- pied by the proprietor for such purposes, such land may be included in an application for a pat- ent for such claim, and may be patented there- with subject to the same requirements as to sur- vey and notice as are applicable to placers. No location made of such nonmineral land shall ex- ceed five acres and payment for the same shall be made at the rate applicable to placer claims which do not include a vein or lode. (R.S. § 2337; Pub. L. 86–390, Mar. 18, 1960, 74 Stat. 7.) 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 subsec. (a), 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. § 2337 derived from act May 10, 1872, ch. 152, § 15, 17 Stat. 96. AMENDMENTS 1960—Pub. L. 86–390 designated existing provisions as subsec. (a) and added subsec. (b). § 43. Conditions of sale by local legislature As a condition of sale, in the absence of nec- essary legislation by Congress, the local legisla- ture of any State or Territory may provide rules for working mines, involving easements, drain- age, and other necessary means to their com- plete development; and those conditions shall be fully expressed in the patent. (R.S. § 2338.) Editorial Notes CODIFICATION R.S. § 2338 derived from act July 26, 1866, ch. 262, § 5, 14 Stat. 252. 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. §§ 44, 45. Omitted Editorial Notes CODIFICATION Section 44, R.S. § 2341; act Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097, provided for extension of provisions of Homestead laws to citizens of United States who had prior to 1874 located on lands designated prior to 1866 as mineral lands, and improved them for agricultural pur- poses, provided no valuable mineral deposits had been discovered thereon. Section 45, R.S. § 2342; act Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097, provided for setting apart the lands as agri- cultural. § 46. Additional land districts and officers The President is authorized to establish addi- tional land districts, and to appoint the nec- essary officers under existing laws, wherever he may deem the same necessary for the public convenience in executing the provisions of 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.