Title 30Mineral Lands and MiningRelease 119-73

§49e Annual labor or improvements on Alaskan mining claims; affidavits; burden of proof; forfeitures; location anew of claims; perjury

Title 30 › Chapter CHAPTER 2— - MINERAL LANDS AND REGULATIONS IN GENERAL › § 49e

Last updated Apr 6, 2026|Official source

Summary

Each year, until a patent is issued, at least $100 worth of work or improvements must be done on every mining claim in Alaska, no matter when it was located. The owner or someone who knows the facts may file a sworn, written statement with the district recorder saying the $100 of work was done. That statement must say the claim name or number and location; how many days of work and what improvements were made and their value; the dates; who ordered the work; and how much was paid and by whom if not the owner. The statement must be filed within 90 days after the end of the year. A timely sworn statement is treated as initial proof the work was done. If no statement is filed in time, the claimant must prove the work was done. If the owner fails to do the required work, the claim is forfeited and others may locate it as if it had never been claimed. Federal perjury laws apply to these sworn statements.

Full Legal Text

Title 30, §49e

Mineral Lands and Mining — Source: USLM XML via OLRC

During each year and until patent has been issued therefor, at least $100 worth of labor shall be performed or improvements made on, or for the benefit or development of, in accordance with existing law, each mining claim in Alaska heretofore or hereafter located. And the locator or owner of such claim or some other person having knowledge of the facts may also make and file with the said recorder of the district in which the claims shall be situated an affidavit showing the performance of labor or making of improvements to the amount of $100 as aforesaid and specifying the character and extent of such work. Such affidavits shall set forth the following: First, the name or number of the mining claims and where situated; second, the number of days’ work done and the character and value of the improvements placed thereon; third, the date of the performance of such labor and of making improvements; fourth, at whose instance the work was done or the improvements made; fifth, the actual amount paid for work and improvement, and by whom paid when the same was not done by the owner. Such affidavit shall be prima facie evidence of the performance of such work or making of such improvements, but if such affidavits be not filed within the time fixed by this section the burden of proof shall be upon the claimant to establish the performance of such annual work and improvements. And upon failure of the locator or owner of any such claim to comply with the provisions of this section, as to performance of work and improvements, such claim shall become forfeited and open to location by others as if no location of the same had ever been made. The affidavits required may be made before any officer authorized to administer oaths, and the provisions of section 1621 and 1622 of title 18, are extended to such affidavits. Said affidavits shall be filed not later than ninety days after the close of the year in which such work is performed.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification “section 1621 and 1622 of title 18” substituted in text for “sections fifty-three hundred and ninety-two and fifty-three hundred ninety-three of the Revised Statutes”, which had been classified to section 231 and 232 of former Title 18, Criminal Code and Criminal Procedure, on authority of act June 25, 1948, ch. 645, 62 Stat. 683, the first section of which enacted Title 18, Crimes and Criminal Procedure. Section was formerly classified to section 384 of Title 48, Territories and Insular Possessions.

Executive Documents

Admission of Alaska as StateAdmission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by section 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

Reference

Citations & Metadata

Citation

30 U.S.C. § 49e

Title 30Mineral Lands and Mining

Last Updated

Apr 6, 2026

Release point: 119-73