§ 34. — Description of vein claims on surveyed and unsurveyed lands; monuments on ground to govern conflicting calls.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 30USC34]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL
Sec. 34. Description of vein claims on surveyed and unsurveyed
lands; monuments on ground to govern conflicting calls
The description of vein or lode claims upon surveyed lands shall
designate the location of the claims with reference to the lines of the
public survey, but need not conform therewith; but where patents have
been or shall be issued for claims upon unsurveyed lands, the Director
of the Bureau of Land Management in extending the public survey, shall
adjust the same to the boundaries of said patented claims so as in no
case to interfere with or change the true location of such claims as
they are officially established upon the ground. Where patents have
issued for mineral lands, those lands only shall be segregated and shall
be deemed to be patented which are bounded by the lines actually marked,
defined, and established upon the ground by the monuments of the
official survey upon which the patent grant is based, and the Director
of the Bureau of Land Management in executing subsequent patent surveys,
whether upon surveyed or unsurveyed lands, shall be governed
accordingly. The said monuments shall at all times constitute the
highest authority as to what land is patented, and in case of any
conflict between the said monuments of such patented claims and the
descriptions of said claims in the patents issued therefor the monuments
on the ground shall govern, and erroneous or inconsistent descriptions
or calls in the patent descriptions shall give way thereto.
(R.S. Sec. 2327; Apr. 28, 1904, ch. 1796, 33 Stat. 545; Mar. 3, 1925,
ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100.)
Codification
R.S. Sec. 2327 derived from act May 10, 1872, ch. 152, Sec. 8, 17
Stat. 94.
Amendments
1925--Act Mar. 3, 1925, affected words now reading ``United States
supervisor of surveys'' in first and second sentences of text. These
words formerly read ``the surveyor-general.'' This act abolished the
office of surveyor general, and transferred to and consolidated with the
Field Surveying Service, under the jurisdiction of the U.S. Supervisor
of Surveys, the administration, equipment, etc., of such office.
Transfer of Functions
Director of the Bureau of Land Management, substituted for United
States Supervisor of Surveys wherever appearing. In the establishment of
the Bureau of Land Management by Reorg. Plan No. 3 of 1946, Sec. 403,
eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix
to Title 5, Government Organization and Employees, the office of
Supervisor of Surveys was abolished and the functions and powers were
transferred to the Secretary of the Interior, to be performed by such
officers or agencies of the Department as might be designated by the
Secretary. Under that authority, the functions and powers formerly
exercised by the Supervisor of Surveys were delegated to the Chief
Cadastral Engineer, subject to the supervision of the Director of the
Bureau of Land Management. In the general reorganization and realignment
of functions of the Bureau, the office of the Chief Cadastral Engineer
was abolished, and the functions of that office have been delegated to
the Director of the Bureau of Land Management. See 43 C.F.R.
Sec. 9180.0-3(a)(1).
See also note set out under section 1 of this title.
Section Referred to in Other Sections
This section is referred to in sections 24, 29, 33, 37, 38, 39, 40,
42, 46, 47, 48, 49, 102, 541b of this title; title 16 section 460mm-1;
title 25 section 640d-10; title 43 sections 1712, 1714, 1732.