§42 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

If someone who owns a vein or lode uses separate, nonmineral surface land (land not touching the vein) for mining or milling, they can include that land in the patent application for the vein or lode. The same survey and notice rules for veins and lodes apply. Any such separate land located on or after May 10, 1872 must be no more than five acres. Payment for that land must be made at the same rate set for the surface part of a lode under the related sections of this title and section 661 of title 43. An owner of a quartz mill or reduction works who does not own a mine may also get a patent for the mill site. If the owner of a placer claim (for minerals in loose sand, gravel, or similar material) needs nearby nonmineral land for mining, milling, processing, or related work and uses it, that land can be included in the placer patent. The same survey and notice rules for placers apply. No such location may exceed five acres, and payment must follow the rate for placer claims that do not include a vein or lode.

Title 30, §42

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)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 May 10, 1872, of such nonadjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by section 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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 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).

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