§ 35. — Placer claims; entry and proceedings for patent under provisions applicable to vein or lode claims; conforming entry to legal subdivisions and surveys; limitation of claims; homestead entry of segregated agricultural land.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC35]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL
Sec. 35. Placer claims; entry and proceedings for patent under
provisions applicable to vein or lode claims; conforming entry
to legal subdivisions and surveys; limitation of claims;
homestead entry of segregated agricultural land
Claims usually called ``placers,'' including all forms of deposit,
excepting veins of quartz, or other rock in place, shall be subject to
entry and patent, under like circumstances and conditions, and upon
similar proceedings, as are provided for vein or lode claims; but where
the lands have been previously surveyed by the United States, the entry
in its exterior limits shall conform to the legal subdivisions of the
public lands. And where placer claims are upon surveyed lands, and
conform to legal subdivisions, no further survey or plat shall be
required, and all placer-mining claims located after the 10th day of May
1872, shall conform as near as practicable with the United States system
of public-land surveys, and the rectangular subdivisions of such
surveys, and no such location shall include more than twenty acres for
each individual claimant; but where placer claims cannot be conformed to
legal subdivisions, survey and plat shall be made as on unsurveyed
lands; and where by the segregation of mineral land in any legal
subdivision a quantity of agricultural land less than forty acres
remains, such fractional portion of agricultural land may be entered by
any party qualified by law, for homestead purposes.
(R.S. Secs. 2329, 2331; Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat. 1097.)
Codification
R.S. Sec. 2329 derived from act July 9, 1870, ch. 235, Sec. 12, 16
Stat. 217.
R.S. Sec. 2331 derived from act May 10, 1872, ch. 152, Sec. 10, 17
Stat. 94.
Submerged Lands Act
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of Title 43, Public Lands.
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.