§42 Patents for Nonmineral Lands: Application, Survey, Notice, Acreage Limitation, Payment

Summary

If you own a vein or lode and you use nearby non‑mineral land that is not touching the vein for mining or milling, you can include that separate land in your patent application and get a patent for it too. You must follow the same survey and notice steps required for veins or lodes. Any such separate location made on or after May 10, 1872 cannot be over five acres. Payment for that land must be made at the same rate required for the surface of the lode (including the rule in section 661 of title 43). A person who owns a quartz mill or reduction works but not a mine may also get a patent for the mill site. If you own a placer claim and you need nearby non‑mineral land for mining, milling, processing, or related work, you can include that land in your placer patent application. It must meet the same survey and notice requirements as placer claims. No such location can exceed five acres, and payment must be made at the rate that applies to placer claims that do not include a vein or lode.