Title 30, Mineral Lands and MiningRelease 119-102

§35 Placer Claims; Entry and Proceedings for Patent Under Provisions Applicable to Vein or Lode Claims; Conforming Entry to Legal Subdivisions and Surveys; Limitation of Claims; Homestead Entry of Segregated Agricultural Land

Title 30 › CHAPTER 2 — MINERAL LANDS AND REGULATIONS IN GENERAL › § 35

Last updated Aug 21, 2026|Official source

Summary

Placer mining claims (all loose mineral deposits except veins of quartz or rock in place) can be entered and patented under the same procedures as vein or lode claims. When the land was already surveyed, the claim’s outer boundaries must match the legal land divisions. If they match, no new survey or map is needed. Placer claims located after the 10th day of May 1872 must, as much as possible, fit the U.S. public-land survey grid and its rectangular subdivisions, and no single claimant can take more than 20 acres. If a claim cannot be made to fit the legal divisions, a survey and map must be made like for unsurveyed land. If setting aside mineral land in a legal subdivision leaves less than 40 acres of farm land, that leftover may be claimed as a homestead by any person qualified by law.

Full Legal Text

Title 30, §35

Mineral Lands and Mining, Source: USLM XML via OLRC

Claims usually called “placers,” including all forms of deposit, excepting veins of quartz, or other rock in place, shall be subject to entry and patent, under like circumstances and conditions, and upon similar proceedings, as are provided for vein or lode claims; but where the lands have been previously surveyed by the United States, the entry in its exterior limits shall conform to the legal subdivisions of the public lands. And where placer claims are upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required, and all placer-mining claims located after the 10th day of May 1872, shall conform as near as practicable with the United States system of public-land surveys, and the rectangular subdivisions of such surveys, and no such location shall include more than twenty acres for each individual claimant; but where placer claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of mineral land in any legal subdivision a quantity of agricultural land less than forty acres remains, such fractional portion of agricultural land may be entered by any party qualified by law, for homestead purposes.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification R.S. § 2329 derived from act
July 9, 1870, ch. 235, § 12, 16 Stat. 217. R.S. § 2331 derived from act
May 10, 1872, ch. 152, § 10, 17 Stat. 94.

Statutory Notes and Related Subsidiaries

Submerged Lands ActProvisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.

Reference

Citations & Metadata

Citation

30 U.S.C. § 35

Title 30, Mineral Lands and Mining

Last Updated

Aug 21, 2026

Release point: 119-102