30 U.S.C. § 42 : US Code - Section 42: Patents for nonmineral lands: application, survey, notice, acreage limitation, payment

Search 30 U.S.C. § 42 : US Code - Section 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.