Title 30, Mineral Lands and MiningRelease 119-102

§706 Liabilities of Occupants; Trespass; Limitations

Title 30 › CHAPTER 20 — CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS › § 706

Last updated Aug 21, 2026|Official source

Summary

If someone gets land transferred under section 701, they still must pay for any use of the land without permission that happened before the transfer. Getting the transfer does not erase past debts to the United States. If an eligible person applied for land that is part of a mining claim, the United States will not try to collect trespass charges for living on or using that claim for the time before the Secretary of the Interior finally decides the claim is invalid or the claimant gives it up, unless the claim was made when the land was withdrawn or not open to location. That protection only covers people who filed transfer applications under section 701 by June 30, 1971. The rule does not create any new trespass liability that would not have existed otherwise.

Full Legal Text

Title 30, §706

Mineral Lands and Mining, Source: USLM XML via OLRC

(a)The execution of a conveyance as authorized by section 701 of this title shall not relieve any occupant of the land conveyed of any liability, existing on the date of said conveyance, to the United States for unauthorized use of the land in and to which an interest is conveyed.
(b)Except where a mining claim embracing land applied for under this chapter by a qualified applicant was located at a time when the land included therein was withdrawn or otherwise not subject to such location, no trespass charges shall be sought or collected by the United States from any qualified applicant who has filed an application for land in the mining claim pursuant to this chapter, based upon occupancy of such claim, whether residential or otherwise, for any period preceding the final administrative determination of the invalidity of the mining claim by the Secretary of the Interior or the voluntary relinquishment of the mining claim, whichever occurs earlier. Nothing contained in this chapter shall be construed as creating any liability for trespass to the United States which would not exist in the absence of this chapter. Relief under this section shall be limited to persons who file applications for conveyances pursuant to section 701 of this title within the period ending June 30, 1971.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1967—Subsec. (b). Pub. L. 90–111 extended from Oct. 23, 1967 to June 30, 1971, the period in which relief shall be accorded under this section to individuals who apply for conveyances pursuant to section 701 of this title.

Reference

Citations & Metadata

Citation

30 U.S.C. § 706

Title 30, Mineral Lands and Mining

Last Updated

Aug 21, 2026

Release point: 119-102