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30 U.S.C. § 28bAnnual assessment work on mining claims; temporary deferment; conditions

submitted 77 years ago by ch. 232 to r/title-30-MINERAL-LANDS-AND-MINING · 146 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can delay a mining claim's required yearly work if outside problems block access to the claim. The claimant must show evidence that a needed right-of-way was denied, is in litigation, or is still being acquired, or that other legal obstacles exist. This deferment applies to individual claims or groups of claims.

This is one undivided provision. Normally, section 28 of this title requires at least $100 worth of labor or improvements each year on a mining claim. The Secretary of the Interior may defer (delay) this requirement for a mining claim or group of claims — but only if the claimant submits evidence that satisfies the Secretary. That evidence must show one of these problems affects the claim or claims: the surrounding land has a right-of-way needed for the assessment work, and that right-of-way has been denied, is tied up in litigation, or is still being acquired under state law; or some other legal impediment blocks the claimant from entering the claim's surface or reaching its boundaries.
the actual law source: uscode.house.gov ↗public domain

The performance of not less than $100 worth of labor or the making of improvements aggregating such amount, which labor or improvements are required under the provisions of section 28 of this title to be made during each year, may be deferred by the Secretary of the Interior as to any mining claim or group of claims in the United States upon the submission by the claimant of evidence satisfactory to the Secretary that such mining claim or group of claims is surrounded by lands over which a right-of-way for the performance of such assessment work has been denied or is in litigation or is in the process of acquisition under State law or that other legal impediments exist which affect the right of the claimant to enter upon the surface of such claim or group of claims or to gain access to the boundaries thereof.

Source credit: (June 21, 1949, ch. 232, § 1, 63 Stat. 214.)

history & why it existsrecord from the source credit
  • 1949Enacted · Act of June 21, 1949, ch. 232 · 63 Stat. 214

A history note hasn’t been published yet. The record shows enactment by ch. 232 on 1949-06-21.

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