§3994 — Title 50 War and National Defense | U.S. Code

Summary

Protects a servicemember’s mining claim that was properly located and recorded. It pauses the rule that a claim located after May 10, 1872, and not yet patented, must have at least $100 of work or improvements done each year. The pause lasts while the person is on military duty and for 180 days after, and also during any hospitalization or rehab for injuries from duty. During those times the claim cannot be lost for failing to do the yearly work. To get the protection, the claim holder must file a notice where the claim is recorded either before the assessment year ends when military service started or within 60 days after that assessment year ends, saying they are on military service and want to keep the claim.

Title 50, §3994

War and National Defense — Source: USLM XML via OLRC

(a)The provisions of section 28 of title 30 specified in subsection (b) shall not apply to a servicemember’s claims or interests in claims, regularly located and recorded, during a period of military service and 180 days thereafter, or during any period of hospitalization or rehabilitation due to injuries or disabilities incurred in the line of duty.

(b)The provisions in section 28 of title 30 that shall not apply under subsection (a) are those which require that on each mining claim located after May 10, 1872, and until a patent has been issued for such claim, not less than $100 worth of labor shall be performed or improvements made during each year.

(c)A mining claim or an interest in a claim owned by a servicemember that has been regularly located and recorded shall not be subject to forfeiture for nonperformance of annual assessments during the period of military service and for 180 days thereafter, or for any period of hospitalization or rehabilitation described in subsection (a).

(d)In order to obtain the protections of this section, the claimant of a mining location shall, before the end of the assessment year in which military service is begun or within 60 days after the end of such assessment year, cause to be filed in the office where the location notice or certificate is recorded a notice communicating the fact of military service and the desire to hold the mining claim under this section.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 564 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 504 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1187; Pub. L. 102–12, § 9(19), Mar. 18, 1991, 105 Stat. 40, related to desert-land entries and the suspension of requirements, prior to the general amendment of this Act by Pub. L. 108–189. See section 3993 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.

§3994 Mining claims