§ 42. — Patents for nonmineral lands: application, survey, notice, acreage limitation, payment.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 30USC42]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL
Sec. 42. Patents for nonmineral lands: application, survey,
notice, acreage limitation, payment
(a) Vein or lode and mill site owners eligible
Where nonmineral land not contiguous to the vein or lode is used or
occupied by the proprietor of such vein or lode for mining or milling
purposes, such nonadjacent surface ground may be embraced and included
in an application for a patent for such vein or lode, and the same may
be patented therewith, subject to the same preliminary requirements as
to survey and notice as are applicable to veins or lodes; but no
location made on and after May 10, 1872, of such nonadjacent land shall
exceed five acres, and payment for the same must be made at the same
rate as fixed by sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50
to 52, 71 to 76 of this title and section 661 of title 43 for the
superficies of the lode. The owner of a quartz mill or reduction works,
not owning a mine in connection therewith, may also receive a patent for
his mill site, as provided in this section.
(b) Placer claim owners eligible
Where nonmineral land is needed by the proprietor of a placer claim
for mining, milling, processing, beneficiation, or other operations in
connection with such claim, and is used or occupied by the proprietor
for such purposes, such land may be included in an application for a
patent for such claim, and may be patented therewith subject to the same
requirements as to survey and notice as are applicable to placers. No
location made of such nonmineral land shall exceed five acres and
payment for the same shall be made at the rate applicable to placer
claims which do not include a vein or lode.
(R.S. Sec. 2337; Pub. L. 86-390, Mar. 18, 1960, 74 Stat. 7.)
References in Text
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to
76 of this title and section 661 of title 43, referred to in subsec.
(a), were in the original ``this chapter'', meaning chapter 6 of title
32 of the Revised Statutes, consisting of R.S. Secs. 2318 to 2352.
Codification
R.S. Sec. 2337 derived from act May 10, 1872, ch. 152, Sec. 15, 17
Stat. 96.
Amendments
1960--Pub. L. 86-390 designated existing provisions as subsec. (a)
and added subsec. (b).
Section Referred to in Other Sections
This section is referred to in sections 24, 29, 33, 37, 38, 39, 40,
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.
