§ 527. — Determination of unpatented mining claims.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC527]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 12--MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS
Sec. 527. Determination of unpatented mining claims
(a) Filing of notice
Any applicant, offeror, permittee, or lessee under the mineral
leasing laws may file in the office of the Secretary of the Interior, or
in such office as the Secretary may designate, a request for publication
of notice of such application, offer, permit, or lease, provided
expressly, that not less than ninety days prior to the filing of such
request for publication there shall have been filed for record in the
county office of record for the county in which the lands covered
thereby are situate a notice of the filing of such application or offer
or of the issuance of such permit or lease which notice shall set forth
the date of such filing or issuance, the name and address of the
applicant, offeror, permittee or lessee and the description of the lands
covered by such application, offer, permit or lease, showing the section
or sections of the public land surveys which embrace the lands covered
by such application, offer, permit, or lease, or if such lands are
unsurveyed, either the section or sections which would probably embrace
such lands when the public lands 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 a
certified copy of such recorded notice and 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 the instruments affecting the lands
involved, of record in the public records of the county in which said
lands are situate as shown by the indices of the public records in the
county office of record for said county, 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 disclosed by such instruments of record.
Thereupon the Secretary of the Interior, or his designated
representative, at the expense of the requesting person (who, prior to
the commencement of publication, must furnish the agreement of the
publisher to hold such requesting person alone responsible for charges
of publication), shall cause notice of such application, offer, permit,
or lease 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 application,
offer, permit, or lease, as provided heretofore in the notice to be
filed in the office of record of the county in which the lands covered
are situate, 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, any right or interest in Leasing Act minerals
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 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 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;
(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 and all right, title, and
interest under such mining claim as to, but only as to, Leasing Act
minerals, and (ii) to constitute a consent by such mining claimant that
such mining claim and any patent issued therefor, shall be subject to
the reservation specified in section 524 of this title, and (iii) to
preclude thereafter any assertion by such mining claimant of any right
or title to or interest in any Leasing Act mineral by reason of such
mining claim.
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 person 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 above provided, 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 and all right, title, and
interest under such mining claim as to, but only as to, Leasing Act
minerals, and (ii) to constitute a consent by such mining claimant that
such mining claim and any patent issued therefor, shall be subject to
the reservation specified in section 524 of this title, and (iii) to
preclude thereafter any assertion by such mining claimant of any right
or title to or interest in any Leasing Act mineral by reason of such
mining claim.
(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 the
Interior or his designated representative shall fix a time and place for
a hearing to determine the validity and effectiveness of the mining
claimant's asserted right or interest in Leasing Act minerals, 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.
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 right or interest under the mining claim as to
Leasing Act minerals, 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 person 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.
(d) Request for copy of notice
Any person claiming any right in Leasing Act minerals under or by
virtue of any unpatented mining claim heretofore located and desiring to
receive a copy of any notice of any application, offer, permit, or lease
which may be published as above 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 mining
claim under which such person asserts rights in Leasing Act minerals:
(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 applicant, offeror, permittee, or lessee 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.
(Aug. 13, 1954, ch. 730, Sec. 7, 68 Stat. 711; Pub. L. 86-507,
Sec. 1(25), June 11, 1960, 74 Stat. 201.)
References in Text
For definitions of ``mineral leasing laws'', referred to in first
undesignated par. of subsec. (a), and ``Leasing Act minerals'', referred
to in fifth undesignated par. of subsec. (a) and subsecs. (b) to (d),
see section 530 of this title.
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 226 of this title.
