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

Summary

Military members who own a properly recorded mining claim do not have to do the usual yearly work worth $100 on claims located after May 10, 1872 and before a patent is issued. This break applies while they are on military duty, for 180 days after duty ends, and during any hospitalization or rehabilitation for injuries from service. The claim cannot be taken away for missing the yearly work during these times. To get this protection, the claim owner must file a notice where the claim is recorded saying they are in the military and want to keep the claim. The notice must be filed before the assessment year ends when service began or within 60 days after that assessment year ends.

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