§ 49e. — Annual labor or improvements on Alaskan mining claims; affidavits; burden of proof; forfeitures; location anew of claims; perjury.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC49e]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL
Sec. 49e. Annual labor or improvements on Alaskan mining claims;
affidavits; burden of proof; forfeitures; location anew of
claims; perjury
During each year and until patent has been issued therefor, at least
$100 worth of labor shall be performed or improvements made on, or for
the benefit or development of, in accordance with existing law, each
mining claim in Alaska heretofore or hereafter located. And the locator
or owner of such claim or some other person having knowledge of the
facts may also make and file with the said recorder of the district in
which the claims shall be situated an affidavit showing the performance
of labor or making of improvements to the amount of $100 as aforesaid
and specifying the character and extent of such work. Such affidavits
shall set forth the following: First, the name or number of the mining
claims and where situated; second, the number of days' work done and the
character and value of the improvements placed thereon; third, the date
of the performance of such labor and of making improvements; fourth, at
whose instance the work was done or the improvements made; fifth, the
actual amount paid for work and improvement, and by whom paid when the
same was not done by the owner. Such affidavit shall be prima facie
evidence of the performance of such work or making of such improvements,
but if such affidavits be not filed within the time fixed by this
section the burden of proof shall be upon the claimant to establish the
performance of such annual work and improvements. And upon failure of
the locator or owner of any such claim to comply with the provisions of
this section, as to performance of work and improvements, such claim
shall become forfeited and open to location by others as if no location
of the same had ever been made. The affidavits required may be made
before any officer authorized to administer oaths, and the provisions of
sections 1621 and 1622 of title 18, are extended to such affidavits.
Said affidavits shall be filed not later than ninety days after the
close of the year in which such work is performed.
(Mar. 2, 1907, ch. 2559, Sec. 1, 34 Stat. 1243.)
Codification
``Sections 1621 and 1622 of title 18'' substituted in text for
``sections fifty-three hundred and ninety-two and fifty-three hundred
ninety-three of the Revised Statutes'', which had been classified to
section 231 and 232 of former Title 18, Criminal Code and Criminal
Procedure, on authority of act June 25, 1948, ch. 645, 62 Stat. 683, the
first section of which enacted Title 18, Crimes and Criminal Procedure.
Section was formerly classified to section 384 of Title 48,
Territories and Insular Possessions.
Admission of Alaska as State
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on
issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as
required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72
Stat. 339, set out as notes preceding section 21 of Title 48,
Territories and Insular Possessions.
Section Referred to in Other Sections
This section is referred to in section 49f of this title; title 16
section 460mm-1.
