§ 28. Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records; annual labor or improvements on claims pending issue of patent; co-owner’s succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure
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The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining claim, subject to the following requirements: The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims made after May 10, 1872, shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim.
On each claim located after the 10th day of May 1872, that is granted a waiver under section 28f of this title, and until a patent has been issued therefor, not less than $100 worth of labor shall be performed or improvements made during each year. On all claims located prior to the 10th day of May 1872, $10 worth of labor shall be performed or improvements made each year, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such claims are held in common, such expenditure may be made upon any one claim; and upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location.
Upon the failure of any one of several coowners to contribute his proportion of the expenditures required hereby, the coowners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his co-owners who have made the required expenditures.
The period within which the work required to be done annually on all unpatented mineral claims located since May 10, 1872, including such claims in the Territory of Alaska, shall commence at 12:01 ante meridian on the first day of September succeeding the date of location of such claim.
Where a person or company has or may run a tunnel for the purposes of developing a lode or lodes, owned by said person or company, the money so expended in said tunnel shall be taken and considered as expended on said lode or lodes, whether located prior to or since May 10, 1872; and such person or company shall not be required to perform work on the surface of said lode or lodes in order to hold the same as required by this section. On all such valid claims the annual period ending December 31, 1921, shall continue to 12 o’clock meridian July 1, 1922.
(R.S. § 2324; Feb. 11, 1875, ch. 41, 18 Stat. 315; Jan. 22, 1880, ch. 9, § 2, 21 Stat. 61; Aug. 24, 1921, ch. 84, 42 Stat. 186; Pub. L. 85–736, § 1, Aug. 23, 1958, 72 Stat. 829; Pub. L. 103–66, title X, § 10105(b), Aug. 10, 1993, 107 Stat. 406; Pub. L. 110–161, div. F, title I, (1), Dec. 26, 2007, 121 Stat. 2101.)
Connections124 cite this · traces to 3
Cited by 124 sections · top 60
U.S. Code
- § 28fFee
- § 1744Recordation of mining claims
- § 28Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records; annual labor or improvements on claims pending issue of patent; co-owner’s succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure
- § 28jOther requirements
- § 28gLocation fee
- § 3994Mining claims
- § 541aClaims located prior to May 25, 1955; extralateral rights; amended notice of mining location
- § 28hCo-ownership
- § 28bAnnual assessment work on mining claims; temporary deferment; conditions
statutes-at-large
- Public Law 85–67
- Public Law 85–876
- Public Law 163
- Public Law 782
- Public Law 94–429To provide for the regulation of mining activity within, and to repeal the application of mining laws to, areas of the National Park System, and for other purposes
- Public Law 635
- Public Law 781
- Public Law 450
- Private Law 90–338
- Public Law 186
- Public Law 164
- Public Law 85–734
- Public Law 403
- Public Law 108–189To restate, clarify, and revise the Soliders’ and Sailors’ Civil Relief Act of 1940
- Public Law 186
- Public Law 102–381Making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1993, and for other purposes
- Public Law 102–12To amend the Soldiers’ and Sailors’ Civil Relief Act of 1940 to improve and clarify the protections provided by that Act; to amend title 38, United States Code, to clarify veterans’ reemployment rights and to improve veterans’ rights to reinstatement of health insurance, and for other purposes
- Treaty
- Public Law 111–8Making omnibus appropriations for the fiscal year ending September 30, 2009, and for other purposes
statute-compilations
- Sec. 10103CO-OWNERSHIP
- Sec. 504MINING CLAIMS
- Sec. 10105OTHER REQUIREMENTS
- Sec. 10101FEE
- Sec. 2324The miners of each mining-district may make regulations not in conflict with the laws of the United States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining-claim, subject to the following requirements: The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining-claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, that is granted a waiver under section 10101 of the Omnibus Budget Reconciliation Act of 1993, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year. On all claims located prior to the tenth day of May, eighteen hundred and seventy-two, ten dollars' worth of labor shall be performed or improvements made by the tenth day of June, eighteen hundred and seventy-four, and each year thereafter, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such claims are held in common, such expenditure may be made upon any one claim; and upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location. Upon the failure of any one of several co-owners to contribute his proportion of the expenditures required hereby, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice is writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his co-owners who have made required expenditures. *Provided,* That the period within which the work required to be done annually on all unpatented mineral claims located since May 10, 1872, including such claims in the Territory of Alaska, shall commence at 12 o'clock meridian on the 1st day of September succeeding the date of location of such claim: *Provided further,* That on all such valid existing claims the annual period ending December 31, 1921, shall continue to 12 o'clock meridian July 1, 1922. [That section two thousand three hundred and twenty-four of the revised statutes be, and the same is hereby, amended so that where a person or company has or may run a tunnel for the purposes of developing a lode or lodes, owned by said person or company, the money so expended in said tunnel shall be taken and considered as expended on said lode or lodes, whether located prior to or since the passage of said act; and such person or company shall not be required to perform work on the surface of said lode or lodes in order to hold the same as required by said act.]1
- Sec. 1403Section 10101(a) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f(a)), as amended by section 430 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat. 1047), is further amended—
register
bill
- Sec. 112Hardrock mining claim maintenance fee
- Sec. 1403
- Sec. 1703
- Sec. 1403
- Sec. 1703
- Sec. 1703
- Sec. 1703
- Sec. 103Hardrock mining claim maintenance fee
- Sec. 103Hardrock mining claim maintenance fee
- Sec. 102Fees
- Sec. 102Fees
- Sec. 1Small miner waivers to claim maintenance fees
- Sec. 2Definitions and references
- Sec. 109Hardrock mining claim maintenance fee
- Sec. 1Small miner waivers to claim maintenance fees
- Sec. 2Definitions and references
- Sec. 109Hardrock mining claim maintenance fee
- Sec. 102Fees
- Sec. 2Definitions and references
- Sec. 109Hardrock mining claim maintenance fee
Traces to 3 documents
U.S. Code
- Fee§ 28f
- Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records; annual labor or improvements on claims pending issue of patent; co-owner’s succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure§ 28
- [United States Nationality.]§ 21
20 references not yet in our index
- Feb. 11, 1875, ch. 41
- 18 Stat. 315
- Jan. 22, 1880, ch. 9, § 2
- 21 Stat. 61
- Aug. 24, 1921, ch. 84
- 42 Stat. 186
- Pub. L. 85–736, § 1
- 72 Stat. 829
- Pub. L. 103–66, title X, § 10105(b)
- 107 Stat. 406
- Pub. L. 110–161, div. F, title I
- 121 Stat. 2101
- act May 10, 1872, ch. 152, § 5
- 17 Stat. 92
- Pub. L. 110–161
- Pub. L. 103–66
- Pub. L. 85–736
- Pub. L. 85–736, § 2
- Pub. L. 85–508
- 72 Stat. 339
Citation graph
cites case law
§ 28
Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records; annual labor or improvements on claims pending issue of patent; co-owner’s succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure
Bills×70
Stat.×21
U.S.C.×19
Fed. Reg.×6
Stat. Comp.×6
Pub. L.×1
C.F.R.×1
ActFeb. 11, 1875, ch. 41
Stat.18 Stat. 315
ActJan. 22, 1880, ch. 9, § 2
Stat.21 Stat. 61
ActAug. 24, 1921, ch. 84
Cites 23 · showing 8Cited by 124 across 7 sources