§ 613. — Procedure for determining title uncertainties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC613]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 15--SURFACE RESOURCES
SUBCHAPTER II--MINING LOCATIONS
Sec. 613. Procedure for determining title uncertainties
(a) Notice to mining claimants; request; publication; service
The head of a Federal department or agency which has the
responsibility for administering surface resources of any lands
belonging to the United States may file as to such lands in the office
of the Secretary of the Interior, or in such office as the Secretary of
the Interior may designate, a request for publication of notice to
mining claimants, for determination of surface rights, which request
shall contain a description of the lands covered thereby, showing the
section or sections of the public land surveys which embrace the lands
covered by such request, or if such lands are unsurveyed, either the
section or sections which would probably embrace such lands when the
public land surveys are extended to such lands or a tie by courses and
distances to an approved United States mineral monument.
The filing of such request for publication shall be accompanied by
an affidavit or affidavits of a person or persons over twenty-one years
of age setting forth that the affiant or affiants have examined the
lands involved in a reasonable effort to ascertain whether any person or
persons were in actual possession of or engaged in the working of such
lands or any part thereof, and, if no person or persons were found to be
in actual possession of or engaged in the working of said lands or any
part thereof on the date of such examination, setting forth such fact,
or, if any person or persons were so found to be in actual possession or
engaged in such working on the date of such examination, setting forth
the name and address of each such person, unless affiant shall have been
unable through reasonable inquiry to obtain information as to the name
and address of any such person, in which event the affidavit shall set
forth fully the nature and results of such inquiry.
The filing of such request for publication shall also be accompanied
by the certificate of a title or abstract company, or of a title
abstractor, or of an attorney, based upon such company's abstractor's,
or attorney's examination of those instruments which are shown by the
tract indexes in the county office of record as affecting the lands
described in said request, setting forth the name of any person
disclosed by said instruments to have an interest in said lands under
any unpatented mining claim heretofore located, together with the
address of such person if such address is disclosed by such instruments
of record. ``Tract indexes'' as used herein shall mean those indexes, if
any, as to surveyed lands identifying instruments as affecting a
particular legal subdivision of the public land surveys, and as to
unsurveyed lands identifying instruments as affecting a particular
probable legal subdivision according to a projected extension of the
public land surveys.
Thereupon the Secretary of the Interior, at the expense of the
requesting department or agency, shall cause notice to mining claimants
to be published in a newspaper having general circulation in the county
in which the lands involved are situate.
Such notice shall describe the lands covered by such request, as
provided heretofore, and shall notify whomever it may concern that if
any person claiming or asserting under, or by virtue of, any unpatented
mining claim heretofore located, rights as to such lands or any part
thereof, shall fail to file in the office where such request for
publication was filed (which office shall be specified in such notice)
and within one hundred and fifty days from the date of the first
publication of such notice (which date shall be specified in such
notice), a verified statement which shall set forth, as to such
unpatented mining claim--
(1) the date of location;
(2) the book and page of recordation of the notice or
certificate of location;
(3) the section or sections of the public land surveys which
embrace such mining claims; or if such lands are unsurveyed, either
the section or sections which would probably embrace such mining
claim when the public land surveys are extended to such lands or a
tie by courses and distances to an approved United States mineral
monument;
(4) whether such claimant is a locator or purchaser under such
location; and
(5) the name and address of such claimant and names and
addresses so far as known to the claimant of any other person or
persons claiming any interest or interests in or under such
unpatented mining claim;
such failure shall be conclusively deemed (i) to constitute a waiver and
relinquishment by such mining claimant of any right, title, or interest
under such mining claim contrary to or in conflict with the limitations
or restrictions specified in section 612 of this title as to hereafter
located unpatented mining claims, and (ii) to constitute a consent by
such mining claimant that such mining claim, prior to issuance of patent
therefor, shall be subject to the limitations and restrictions specified
in section 612 of this title as to hereafter located unpatented mining
claims, and (iii) to preclude thereafter, prior to issuance of patent,
any assertion by such mining claimant of any right or title to or
interest in or under such mining claim contrary to or in conflict with
the limitations or restrictions specified in section 612 of this title
as to hereafter located unpatented mining claims.
If such notice is published in a daily paper, it shall be published
in the Wednesday issue for nine consecutive weeks, or, if in a weekly
paper, in nine consecutive issues, or if in a semiweekly or triweekly
paper, in the issue of the same day of each week for nine consecutive
weeks.
Within fifteen days after the date of first publication of such
notice, the department or agency requesting such publication (1) shall
cause a copy of such notice to be personally delivered to or to be
mailed by registered mail or by certified mail addressed to each person
in possession or engaged in the working of the land whose name and
address is shown by an affidavit filed as aforesaid, and to each person
who may have filed, as to any lands described in said notice, a request
for notices, as provided in subsection (d) of this section, and shall
cause a copy of such notice to be mailed by registered mail or by
certified mail to each person whose name and address is set forth in the
title or abstract company's or title abstractor's or attorney's
certificate filed as aforesaid, as having an interest in the lands
described in said notice under any unpatented mining claim heretofore
located, such notice to be directed to such person's address as set
forth in such certificate; and (2) shall file in the office where said
request for publication was filed an affidavit showing that copies have
been so delivered or mailed.
(b) Failure to file verified statement
If any claimant under any unpatented mining claim heretofore located
which embraces any of the lands described in any notice published in
accordance with the provisions of subsection (a) of this section, shall
fail to file a verified statement, as provided in such subsection (a),
within one hundred and fifty days from the date of the first publication
of such notice, such failure shall be conclusively deemed, except as
otherwise provided in subsection (e) of this section, (i) to constitute
a waiver and relinquishment by such mining claimant of any right, title,
or interest under such mining claim contrary to or in conflict with the
limitations or restrictions specified in section 612 of this title as to
hereafter located unpatented mining claims, and (ii) to constitute a
consent by such mining claimant that such mining claim, prior to
issuance of patent therefor, shall be subject to the limitations and
restrictions specified in section 612 of this title as to hereafter
located unpatented mining claims, and (iii) to preclude thereafter,
prior to issuance of patent, any assertion by such mining claimant of
any right or title to or interest in or under such mining claim contrary
to or in conflict with the limitations or restrictions specified in
section 612 of this title as to hereafter located unpatented mining
claims.
(c) Hearings
If any verified statement shall be filed by a mining claimant as
provided in subsection (a) of this section, then the Secretary of
Interior shall fix a time and place for a hearing to determine the
validity and effectiveness of any right or title to, or interest in or
under such mining claim, which the mining claimant may assert contrary
to or in conflict with the limitations and restrictions specified in
section 612 of this title as to hereafter located unpatented mining
claims, which place of hearing shall be in the county where the lands in
question or parts thereof are located, unless the mining claimant agrees
otherwise. Where verified statements are filed asserting rights to an
aggregate of more than twenty mining claims, any single hearing shall be
limited to a maximum of twenty mining claims unless the parties affected
shall otherwise stipulate and as many separate hearing \1\ shall be set
as shall be necessary to comply with this provision. The procedures with
respect to notice of such a hearing and the conduct thereof, and in
respect to appeals shall follow the then established general procedures
and rules of practice of the Department of the Interior in respect to
contests or protests affecting public lands of the United States. If,
pursuant to such a hearing the final decision rendered in the matter
shall affirm the validity and effectiveness of any mining claimant's so
asserted right or interest under the mining claim, then no subsequent
proceedings under this section shall have any force or effect upon the
so-affirmed right or interest of such mining claimant under such mining
claim. If at any time prior to a hearing the department or agency
requesting publication of notice and any person filing a verified
statement pursuant to such notice shall so stipulate, then to the extent
so stipulated, but only to such extent, no hearing shall be held with
respect to rights asserted under that verified statement, and to the
extent defined by the stipulation the rights asserted under that
verified statement shall be deemed to be unaffected by that particular
published notice.
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\1\ So in original. Probably should be ``hearings''.
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(d) Request for copy of notice
Any person claiming any right under or by virtue of any unpatented
mining claim heretofore located and desiring to receive a copy of any
notice to mining claimants which may be published as provided in
subsection (a) of this section, and which may affect lands embraced in
such mining claim, may cause to be filed for record in the county office
of record where the notice or certificate of location of such mining
claim shall have been recorded, a duly acknowledged request for a copy
of any such notice. Such request for copies shall set forth the name and
address of the person requesting copies and shall also set forth, as to
each heretofore located unpatented mining claim under which such person
asserts rights--
(1) the date of location;
(2) the book and page of the recordation of the notice or
certificate of location; and
(3) the section or sections of the public land surveys which
embrace such mining claim; or if such lands are unsurveyed, either
the section or sections which would probably embrace such mining
claim when the public land surveys are extended to such lands or a
tie by courses and distances to an approved United States mineral
monument.
Other than in respect to the requirements of subsection (a) of this
section as to personal delivery or mailing of copies of notices and in
respect to the provisions of subsection (e) of this section, no such
request for copies of published notices and no statement or allegation
in such request and no recordation thereof shall affect title to any
mining claim or to any land or be deemed to constitute constructive
notice to any person that the person requesting copies has, or claims,
any right, title, or interest in or under any mining claim referred to
in such request.
(e) Failure to deliver or mail copy of notice
If any department or agency requesting publication shall fail to
comply with the requirements of subsection (a) of this section as to the
personal delivery or mailing of a copy of notice to any person, the
publication of such notice shall be deemed wholly ineffectual as to that
person or as to the rights asserted by that person and the failure of
that person to file a verified statement, as provided in such notice,
shall in no manner affect, diminish, prejudice or bar any rights of that
person.
(July 23, 1955, ch. 375, Sec. 5, 69 Stat. 369; Pub. L. 86-507,
Sec. 1(26), June 11, 1960, 74 Stat. 201.)
Amendments
1960--Subsec. (a). Pub. L. 86-507 inserted ``or by certified mail''
after ``registered mail'' in two places in last paragraph.
Section Referred to in Other Sections
This section is referred to in section 615 of this title.
