§706 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

If land is transferred under section 701, that transfer does not free anyone who lived on or used the land from being responsible for any unauthorized use that already existed on the date of the transfer. If a qualified applicant filed for land in a mining claim under this chapter, the United States will not seek or collect trespass charges for living on or using that claim for any time before the claim was finally ruled invalid by the Secretary of the Interior or was voluntarily given up, whichever came first. This does not apply if the claim was made when the land was withdrawn or not open for claims. The chapter does not create new trespass debts, and the protection only covers people who filed for conveyance under section 701 by June 30, 1971.

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land applied for under this chapter by a qualified applicant was located at a time when the land included therein was withdrawn or otherwise not subject to such location, no trespass charges shall be sought or collected by the United States from any qualified applicant who has filed an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.

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.

§706 Liabilities of Occupants; Trespass; Limitations

Summary

Title 30, §706

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata