30 U.S.C. § 501 — Mining claims located between July 31, 1939, and January 1, 1953

submitted 73 years ago by ch. 405 to r/title-30-MINERAL-LANDS-AND-MINING · 389 words · no verdicts yet

in plain englishAI-generated · not legal advice

Mining claims staked between 1939 and 1953 on land also covered by mineral leases still count as valid mining claims. Owners had until December 1953 to file an amended notice to get this protection. Work done on the claim, and any later land withdrawals, are treated the same as for an ordinary mining claim.

(a) Force and effect. Subject to this chapter's rules and to any valid rights that other people already had under U.S. law, a mining claim staked between July 31, 1939, and January 1, 1953, still counts as a fully valid claim — even if, at the time it was staked, the land was (1) covered by a mineral-leasing permit or lease, (2) covered by a pending application or offer for such a permit or lease, or (3) known to hold minerals eligible for that leasing system. It counts the same as if the claim had been staked on land open to ordinary mining claims. But there's a condition: to get these benefits, the claim's owner had to, within 120 days after August 12, 1953, post an amended notice of location on the claim itself (the same way the original notice was posted) and file it for record where the original notice is recorded. That amended notice had to state it was being filed under this chapter to get its benefits. (b) Labor and improvement. Any work done, or improvements made, on the claim after it was originally staked counts for all purposes — the same as work done on a claim not affected by this chapter. (c) Withdrawal or reservation. If the government later withdrew or reserved the land covering such a claim, that withdrawal or reservation is changed so it affects the claim the same way it would have if the claim had been staked on land that was, between July 31, 1939, and the date of the withdrawal, open to ordinary mining claims.

the actual law source: uscode.house.gov ↗public domain

(a) Force and effect

Subject to the provisions of this chapter and to any valid intervening rights acquired under laws of the United States, any mining claim located under the mining laws of the United States subsequent to July 31, 1939, and prior to January 1, 1953, on lands of the United States which were, at the time of such location—

(1)

included in a permit or lease issued under the mineral leasing laws; or

(2)

covered by an application or offer for a permit or lease which had been filed under the mineral leasing laws; or

(3)

known to be valuable for minerals subject to disposition under the mineral leasing laws;

shall be effective to the same extent as if such mining claim had been located on lands which were at the time of such location subject to location under the mining laws of the United States: Provided, however, That in order to obtain the benefits of this chapter, the owner of any such mining claim shall, not later than one hundred and twenty days after August 12, 1953, post on such claim in the manner required for posting notice of location of mining claims and file for record in the office where the notice or certificate of location of such claim is of record an amended notice of location of such claim, stating that such notice is filed pursuant to the provisions of this chapter and for the purpose of obtaining the benefits thereof.

(b) Labor and improvement

Labor performed or improvements made upon or for the benefit of such mining claims after the original location thereof shall be recognized as applicable thereto for all purposes to the same extent as labor performed and improvements made upon or for the benefit of mining claims which are not affected by this chapter.

Any withdrawal or reservation made after the original location of such mining claim affecting land covered by such mining claim is modified and amended so that the effect thereof upon such mining claim shall be the same as if such mining claim had been located upon lands of the United States, which, subsequent to July 31, 1939, and prior to the date of such withdrawal, were subject to location under the mining laws of the United States.

Source credit: (Aug. 12, 1953, ch. 405, § 1, 67 Stat. 539.)

history & why it existsrecord from the source credit

1953Enacted · Act of Aug. 12, 1953, ch. 405 · 67 Stat. 539

A history note hasn’t been published yet. The record shows enactment by ch. 405 on 1953-08-12.

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