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Title 30 — Mineral Lands and Mining

Chapter 2 — Mineral Lands and Regulations in General

§ 42. Patents for nonmineral lands: application, survey, notice, acreage limitation, payment

Statutory text

(a)

Vein or lode and mill site owners eligible

Where nonmineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such nonadjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes; but no location made on and after , of such nonadjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43 for the superficies of the lode. The owner of a quartz mill or reduction works, not owning a mine in connection therewith, may also receive a patent for his mill site, as provided in this section.

(b)

Placer claim owners eligible

Where nonmineral land is needed by the proprietor of a placer claim for mining, milling, processing, beneficiation, or other operations in connection with such claim, and is used or occupied by the proprietor for such purposes, such land may be included in an application for a patent for such claim, and may be patented therewith subject to the same requirements as to survey and notice as are applicable to placers. No location made of such nonmineral land shall exceed five acres and payment for the same shall be made at the rate applicable to placer claims which do not include a vein or lode.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. R.S. § 2337

    Enacted · 30 U.S.C. § 42

    R.S. § 2337

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code source credit
    R.S. § 2337

  2. Pub. L. 86–390 · 74 Stat. 5

    1. Amended · 30 U.S.C. § 42

      Pub. L. 86–390 designated existing provisions as subsec. (a)

    2. Added · 30 U.S.C. § 42

      Pub. L. 86–390 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 86–390 designated existing provisions as subsec. (a) and added subsec. (b).

0 of 3 references resolved to an enrolled provision · 2 partial · 1 unresolved

Editorial Notes

References in Text

Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43, referred to in subsec. (a), were in the original “this chapter”, meaning chapter 6 of title 32 of the Revised Statutes, consisting of R.S. §§ 2318 to 2352.

Codification

R.S. § 2337 derived from act May 10, 1872, ch. 152, § 15, 17 Stat. 96.

Amendments

1960—Pub. L. 86–390 designated existing provisions as subsec. (a) and added subsec. (b).

Credits

1960 · 2 acts
  1. R.S. § 2337
  2. 1960Pub. L. 86–390, , 74 Stat. 7.
Show as published

(R.S. § 2337; Pub. L. 86–390, , 74 Stat. 7.)

Parsed from the official OLRC USLM XML in data/usc_all/usc30.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t30/s42