30 U.S.C. § 49e — Annual labor or improvements on Alaskan

Page 23 TITLE 30—MINERAL LANDS AND MINING § 49e Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act May 4, 1934, ch. 211, § 3, 48 Stat. 663, provided that: ‘‘This Act [enacting this section] shall take effect thir- ty days subsequent to the date of convening of the first regular session of the Alaska Territorial Legislature which is held after the passage of this Act [May 4, 1934].’’ Executive Documents ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accom- plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. § 49c. Recording notices of location of Alaskan mining claims Notices of location of mining claims shall be filed for record within ninety days from the date of the discovery of the claim described in the no- tice, and all instruments shall be recorded in the recording district in which the property or sub- ject matter affected by the instrument is situ- ated, and where the property or subject matter is not situated in any established recording dis- trict the instrument affecting the same shall be recorded in the office of the clerk of the division of the court having supervision over the record- ing division in which such property or subject matter is situated. (June 6, 1900, ch. 786, title I, § 15, 31 Stat. 327.) Editorial Notes CODIFICATION Section is comprised of the proviso of section 15 of act June 6, 1900, which was formerly classified to sec- tion 382 of Title 48, Territories and Insular Possessions. The remainder of section 15, which was formerly classi- fied to section 119 of Title 48, was omitted from the Code. § 49d. Miners’ regulations for recording notices in Alaska; certain records legalized Miners in any organized mining district may make rules and regulations governing the re- cording of notices of location of mining claims, water rights, flumes and ditches, mill sites and affidavits of labor, not in conflict with this Act or the general laws of the United States; and nothing in this Act shall be construed so as to prevent the miners in any regularly organized mining district not within any recording dis- trict established by the court from electing their own mining recorder to act as such until a recorder therefor is appointed by the court: Pro- vided further, All records regularly made by the United States commissioner prior to June 6, 1900, at Dyea, Skagway, and the recorder at Douglas City, not in conflict with any records regularly made with the United States commis- sioner at Juneau, are legalized. And all records made in good faith prior to June 6, 1900, in any regularly organized mining district are made public records. (June 6, 1900, ch. 786, title I, § 16, 31 Stat. 328.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means act June 6, 1900, ch. 786, 31 Stat. 321. For complete classification of title I of this act to the Code, see Tables. Title III of this act provided for the Alaska Civil Code. CODIFICATION Section is comprised of the two provisos of section 16 of act June 6, 1900, and part of the last sentence of that section, which were formerly classified to section 383 of Title 48, Territories and Insular Possessions. The re- mainder of section 16 (excluding the last sentence) which was formerly classified to section 120 of Title 48, was omitted from the Code. § 49e. Annual labor or improvements on Alaskan mining claims; affidavits; burden of proof; forfeitures; location anew of claims; perjury During each year and until patent has been issued therefor, at least $100 worth of labor shall be performed or improvements made on, or for the benefit or development of, in accordance with existing law, each mining claim in Alaska heretofore or hereafter located. And the locator or owner of such claim or some other person having knowledge of the facts may also make and file with the said recorder of the district in which the claims shall be situated an affidavit showing the performance of labor or making of improvements to the amount of $100 as aforesaid and specifying the character and extent of such work. Such affidavits shall set forth the fol- lowing: First, the name or number of the mining claims and where situated; second, the number of days’ work done and the character and value of the improvements placed thereon; third, the date of the performance of such labor and of making improvements; fourth, at whose in- stance the work was done or the improvements made; fifth, the actual amount paid for work and improvement, and by whom paid when the same was not done by the owner. Such affidavit shall be prima facie evidence of the performance of such work or making of such improvements, but if such affidavits be not filed within the time fixed by this section the burden of proof shall be upon the claimant to establish the per- formance of such annual work and improve- ments. And upon failure of the locator or owner of any such claim to comply with the provisions of this section, as to performance of work and improvements, such claim shall become for- feited and open to location by others as if no lo- cation of the same had ever been made. The affi- davits required may be made before any officer authorized to administer oaths, and the provi- sions of sections 1621 and 1622 of title 18, are ex- tended to such affidavits. Said affidavits shall be filed not later than ninety days after the close of the year in which such work is performed. (Mar. 2, 1907, ch. 2559, § 1, 34 Stat. 1243.) Editorial Notes CODIFICATION ‘‘Sections 1621 and 1622 of title 18’’ substituted in text for ‘‘sections fifty-three hundred and ninety-two and fifty-three hundred ninety-three of the Revised Stat- utes’’, which had been classified to section 231 and 232 of former Title 18, Criminal Code and Criminal Proce- Page 24 TITLE 30—MINERAL LANDS AND MINING § 49f 1 See Repeal; Savings Provision note below. 1 See Repeal; Savings Provision note below. dure, on authority of act June 25, 1948, ch. 645, 62 Stat. 683, the first section of which enacted Title 18, Crimes and Criminal Procedure. Section was formerly classified to section 384 of Title 48, Territories and Insular Possessions. Executive Documents ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accom- plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. § 49f. Fees of recorders in Alaska for filing proofs of work and improvements The recorders for the several divisions or dis- tricts of Alaska shall collect the sum of $1.50 as a fee for the filing, recording, and indexing an- nual proofs of work and improvements for each claim so recorded under the provisions of sec- tion 49e of this title. (Mar. 2, 1907, ch. 2559, § 2, 34 Stat. 1243.) Editorial Notes CODIFICATION Section was formerly classified to section 385 of Title 48, Territories and Insular Possessions. Executive Documents ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accom- plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. § 50. Grants to States or corporations not to in- clude mineral lands No act passed at the first session of the Thir- ty-eighth Congress, granting lands to States or corporations to aid in the construction of roads or for other purposes, or to extend the time of grants made prior to the 30th day of January 1865 shall be so construed as to embrace mineral lands, which in all cases are reserved exclusively to the United States, unless otherwise specially provided in the act or acts making the grant. (R.S. § 2346.) Editorial Notes REFERENCES IN TEXT The first session of the Thirty-eighth Congress, re- ferred to in text, was begun Dec. 7, 1863, and ended July 4, 1864, 13 Stat. 1 to 417, contain legislation passed at such session. CODIFICATION R.S. § 2346 derived from Res. Jan. 30, 1865, No. 10, 13 Stat. 567. § 51. Water users’ vested and accrued rights; enu- meration of uses; protection of interest; rights-of-way for canals and ditches; liability for injury or damage to settlers’ possession Whenever, by priority of possession, rights to the use of water for mining, agricultural, manu- facturing, or other purposes have vested and ac- crued, and the same are recognized and acknowl- edged by the local customs, laws, and the deci- sions of courts, the possessors and owners of such vested rights shall be maintained and pro- tected in the same; and the right-of-way for the construction of ditches and canals for the pur- poses herein specified is acknowledged and con- firmed; but whenever any person, in the con- struction of any ditch or canal, injures or dam- ages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.1 (R.S. § 2339.) Editorial Notes CODIFICATION R.S. § 2339 derived from act July 26, 1866, ch. 262, § 9, 14 Stat. 253. Section is also set out as the first par. of section 661 of Title 43, Public Lands. Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION Provision of this section, ‘‘and the right-of-way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any set- tler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.’’ was repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National For- est System. Such repeal not to be construed as termi- nating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands. 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. § 52. Patents or homesteads subject to vested and accrued water rights All patents granted, or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights,1 as may have been acquired under or recognized by sec- tion 51 of this title. (R.S. § 2340; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097.) Editorial Notes CODIFICATION R.S. § 2340 derived from act July 9, 1870, ch. 235, § 17, 16 Stat. 218. Section is also set out as the second par. of section 661 of Title 43, Public Lands. Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION Provision of this section, ‘‘, or rights to ditches and reservoirs used in connection with such water rights,’’