Sec. 102. Limitation on patents
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/bill/116/hr/2579/rh/section-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
After the date of enactment of this Act, no patent shall be issued by the United States for any mining claim located under the general mining laws unless the Secretary determines that, for the claim concerned— a patent application was filed with the Secretary on or before September 30, 1994; and all requirements established under sections 2325 and 2326 of the Revised Statutes ( 30 U.S.C. 29 and 30), in the case of a vein or lode claim, or sections 2329, 2330, 2331, and 2333 of the Revised Statutes ( 30 U.S.C. 35 , 36, and 37), in the case of a placer claim, were fully complied with by that date. If the Secretary makes the determinations referred to in subparagraphs
(A)and
(B)of paragraph
(1)for any mining claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless such determinations are withdrawn or invalidated by the Secretary or by a court of the United States. After the date of enactment of this Act, no patent shall be issued by the United States for any millsite claim located under the general mining laws unless the Secretary determines that for such millsite— a patent application for the land subject to such claim was filed with the Secretary on or before September 30, 1994; and all requirements applicable to such patent application were fully complied with before that date. If the Secretary makes the determinations described in subparagraphs
(A)and
(B)of paragraph
(1)xreference for any millsite claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless such determinations are withdrawn or invalidated by the Secretary or by a court of the United States.
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U.S. Code
- Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting plat and notice on claim; publication and posting notice in office; certificate; adverse claims; payment per acre; objections; nonresident claimant’s agent for execution of application and affidavits§ 29
- Placer claims; entry and proceedings for patent under provisions applicable to vein or lode claims; conforming entry to legal subdivisions and surveys; limitation of claims; homestead entry of segregated agricultural land§ 35
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