30 U.S.C. § 527 : US Code - Section 527: Determination of unpatented mining claims

Search 30 U.S.C. § 527 : US Code - Section 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.