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See Volume 30 of the United States Code of Federal Regulations for the complete 1872 Mining Law
§21.
Mineral
lands
reserved
In
all
cases
lands
valuable
for
minerals
shall
be
reserved
from
sale,
except
as
otherwise
expressly
directed
by
law.
§22.
Lands
open
to
purchase
by
citizens
Except
as
otherwise
provided,
all
valuable
mineral
deposits
in
lands
belonging
to
the
United
States,
both
surveyed
and
unsurveyed,
shall
be
free
and
open
to
exploration
and
purchase,
and
the
lands
in
which
they
are
found
to
occupation
and
purchase,
by
citizens
of
the
United
States
and
those
who
have
declared
their
intention
to
become
such,
under
regulations
prescribed
by
law,
and
according
to
the
local
customs
or
rules
of
miners
in
the
several
mining
districts,
so
far
as
the
same
are
applicable
and
not
inconsistent
with
the
laws
of
the
United
States.
§23.
Length
of
claims
on
veins
or
lodes
Mining-claims
upon
veins
or
lodes
of
quartz
or
other
rock
in
place
bearing
gold,
silver,
cinnabar,
lead,
tin,
copper,
or
other
valuable
deposits,
located
prior
to
May
10,
1872,
shall
be
governed
as
to
length
along
the
vein
or
lode
by
the
customs,
regulations,
and
laws
in
force
at
the
date
of
their
location.
A
mining-claim
located
after
the
10th
day
of
May
1872,
whether
located
by
one
or
more
persons,
may
equal,
but
shall
not
exceed,
one
thousand
five
hundred
feet
in
length
along
the
vein
or
lode;
but
no
location
of
a
mining
claim
shall
be
made
until
the
discovery
of
the
vein
or
lode
within
the
limits
of
the
claim
located.
No
claim
shall
extend
more
than
three
hundred
feet
on
each
side
of
the
middle
of
the
vein
at
the
surface,
except
where
adverse
rights
existing
on
the
10th
day
of
May
1872
render
such
limitation
necessary.
The
end
lines
of
each
claim
shall
be
parallel
to
each
other.
§26.
Locators’
rights
of
possession
and
enjoyment
The
locators
of
all
mining
locations
made
on
any
mineral
vein,
lode,
or
ledge,
situated
on
the
public
domain,
their
heirs
and
assigns,
where
no
adverse
claim
existed
on
the
10th
day
of
May
1872
so
long
as
they
comply
with
the
laws
of
the
United
States,
and
with
State,
territorial,
and
local
regulations
not
in
conflict
with
the
laws
of
the
United
States
governing
their
possessory
title,
shall
have
the
exclusive
right
of
possession
and
enjoyment
of
all
the
surface
included
within
the
lines
of
their
locations,
and
of
all
veins,
lodes,
and
ledges
throughout
their
entire
depth,
the
top
or
apex
of
which
lies
inside
of
such
surface-lines
extended
downward
vertically,
although
such
veins,
lodes,
or
ledges
may
so
far
depart
from
a
perpendicular
in
their
course
downward
as
to
extend
outside
the
vertical
side-lines
of
such
surface
locations.
But
their
right
of
possession
to
such
outside
parts
of
such
veins
or
ledges
shall
be
confined
to
such
portions
thereof
as
lie
between
vertical
planes
drawn
downward
as
above
described,
through
the
end
lines
of
their
locations,
so
continued
in
their
own
direction
that
such
planes
will
intersect
such
exterior
parts
of
such
veins
or
ledges.
Nothing
in
this
section
shall
authorize
the
locator
or
possessor
of
a
vein
or
lode
which
extends
in
its
downward
course
beyond
the
vertical
lines
of
his
claim
to
enter
upon
the
surface
of
a
claim
owned
or
possessed
by
another.
§27.
Mining
tunnels;
right
to
possession
of
veins
on
line
with;
abandonment
of
right
Where
a
tunnel
is
run
for
the
development
of
a
vein
or
lode,
or
for
the
discovery
of
mines,
the
owners
of
such
tunnel
shall
have
the
right
of
possession
of
all
veins
or
lodes
within
three
thousand
feet
from
the
face
of
such
tunnel
on
the
line
thereof,
not
previously
known
to
exist,
discovered
in
such
tunnel,
to
the
same
extent
as
if
discovered
form
the
surface;
and
locations
on
the
line
of
such
tunnel
of
veins
or
lodes
not
appearing
on
the
surface,
made
by
other
parties
after
the
commencement
of
the
tunnel,
and
while
the
same
is
being
prosecuted
with
reasonable
diligence,
shall
be
invalid;
but
failure
to
prosecute
the
work
on
the
tunnel
for
six
months
shall
be
considered
as
an
abandonment
of
the
right
to
all
undiscovered
veins
on
the
line
of
such
tunnel.
§28.
Mining
district
regulations
by
miners:
location,
recordation,
and
amount
of
work;
marking
of
location
on
ground;
records;
annual
labor
or
improvements
on
claims
pending
issue
of
patent;
co-owner’s
succession
in
interest
upon
delinquency
in
contributing
proportion
of
expenditures;
tunnel
as
lode
expenditure
The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining claim, subject to the following requirements: The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims made after May 10, 1872, shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the 10th day of May 1872, and until a patent has been issued therefor, not less than $100 worth of labor shall be performed or improvements made during each year. On all claims located prior to the 10th day of May 1872, $10 worth of labor shall be performed or improvements made each year, for each one hundred feet in Length along the vein until a patent has been issued therefor; but where such claims are held in common, such expenditure may by made upon any one claim; and upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location. Upon the failure of any one of several coowners to contribute his proportion of the expenditures required hereby, the coowners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the proper6ty of his co-owners who have made the required expenditures. The period within which the work required to be done annually on all unpatented mineral claims located since May 10, 1872, including such claims in the Territory of Alaska, shall commence at 12 o’clock meridian on the 1st day of September seceding the date of location of such claim.
Where
a
person
or
company
has
or
may
run
a
tunnel
of
the
purposes
of
developing
a
lode
or
lodes.
Owned
by
said
person
or
company,
the
money
so
expended
in
said
tunnel
shall
be
taken
and
considered
as
expended
on
said
lode
or
lodes,
whether
located
prior
to
or
since
May
10,
1872;
and
such
person
or
company
shall
not
be
required
to
perform
work
in
the
surface
of
said
lode
or
lodes
in
order
to
hld
the
same
as
required
by
this
section.
On
all
such
valid
claims
the
annual
period
ending
December
31,
1921,
shall
continue
to
12
o’clock
meridian
July
1,
1992.
§29.
Patents;
procurement
procedure;
filling;
application
under
oath,
plat
and
field
notes,
notices,
and
affidavits;
posting
plat
and
notice
on
claim;
publication
and
posting
notice
in
office;
certificate;
adverse
claims;
payment
per
acre;
objections;
nonresident
claimant’s
agent
for
execution
of
application
and
affidavits
A
patent
for
any
land
claimed
and
located
for
valuable
deposits
may
be
obtained
in
the
following
manner:
Any
person,
association,
or
corporation
authorized
to
locate
a
claim
under
sections
21,
22
to
24,
26
to20,
29,
30,
33
to
48,
50
to
52,
71
to
76
of
this
title
and
section
661
of
Title
43,
having
claimed
and
located
a
piece
of
land
for
such
purposes,
who
has,
or
have,
compiled
with
the
terms
of
sections
21,
22
to24,
26
to
28,
29,
30,
33
to
48,
50
to
52,
71
to
76
of
this
title
and
section
661
of
Title
43,
may
file
in
the
proper
land
office
an
application
for
a
patent,
under
oath,
showing
such
compliance,
together
with
a
plat
and
field
notes
of
the
claim
or
claims
in
common,
made
by
or
under
the
direction
of
the
Director
of
the
Bureau
of
Land
Management,
showing
accurately
the
boundaries
of
the
claim
or
claims,
which
shall
be
distinctly
marked
by
monuments
on
the
ground,
and
shall
post
a
copy
of
such
plat,
together
with
a
notice
of
such
application
for
a
patent,
in
a
conspicuous
place
on
the
land
embraced
in
such
plat
previous
to
the
filing
of
the
application
for
a
patent,
and
shall
file
an
affidavit
of
at
least
two
persons
that
such
notice
has
been
duly
posted,
and
shall
file
a
copy
of
the
notice
in
such
land
office,
and
shall
thereupon
by
entitled
to
a
patent
for
the
land,
in
the
manner
following:
The
register
of
the
land
office,
upon
the
filing
of
such
application,
plat,
field
notes,
notices,
and
affidavits,
shall
publish
a
notice
that
such
application
has
been
made,
for
the
period
of
sixty
days,
in
a
newspaper
to
be
by
him
designated
as
published
nearest
to
such
claim;
and
he
shall
also
post
such
notice
in
his
office
for
the
same
period.
The
claimant
at
the
time
of
filing
this
application,
or
at
any
time
thereafter,
within
the
sixty
days
of
publication,
shall
file
with
the
register
a
certificate
of
the
Director
of
the
Bureau
of
Land
Management
that
$500
worth
of
labor
has
been
expended
or
improvements
made
upon
the
claim
by
himself
or
grantors;
that
the
plat
is
correct,
with
such
further
description
by
such
reference
to
natural
objects
or
permanent
monuments
as
shall
identify
the
claim,
and
furnish
an
accurate
description,
to
be
incorporated
in
the
patent.
At
the
expiration
of
the
sixty
days
of
publication
the
claimant
shall
file
his
affidavit,
showing
that
the
plat
and
notice
have
been
posted
in
a
conspicuous
place
on
the
claim
during
such
period
of
publication.
If
no
adverse
claim
shall
have
been
filed
with
the
register
of
the
proper
land
office
at
the
expiration
of
the
sixty
days
of
publication,
it
shall
be
assumed
that
the
applicant
is
entitled
to
a
patent,
upon
the
payment
to
the
proper
officer
of
$5
per
acre,
and
that
no
adverse
claim
exists;
and
there
after
no
objection
from
third
parties
to
the
issuance
of
a
patent
shall
be
heard,
except
it
be
shown
that
the
applicant
has
failed
to
comply
with
the
terms
of
sections
21,
22
to
24,
26
to20,
29,
30,
33
to
48,
50
to
52,
71
to
76
of
this
title
and
section
661
of
Title
43.
Where
the
claimant
for
a
patent
is
not
a
resident
of
or
within
the
land
district
wherein
the
vein,
lode,
ledge,
or
deposit
sought
to
be
patented
is
located,
the
application
for
patent
and
the
affidavits
required
to
be
made
in
the
section
by
the
claimant
for
such
patent
may
be
made
by
his,
her,
or
its
authorized
agent,
where
said
agent
is
conversant
with
the
facts
sought
to
be
established
by
said
affidavits.
§30.
Adverse
claims;
oath
of
claimants;
requisites;
waiver;
stay
of
land
office
proceedings;
judicial
determination
of
right
of
possession;
successful
claimants’
filing
of
judgement
roll,
certificate
of
labor,
and
description
of
claim
in
land
office,
and
acreage
and
fee
payments;
issuance
of
patents
for
entire
or
partial
claims
upon
certification
of
land
office
proceedings
and
judgment
roll;
alienation
of
patent
title
Where
an
adverse
claim
is
filed
during
the
period
of
publication,
it
shall
be
upon
oath
of
the
person
or
persons
making
the
same,
and
shall
show
the
nature,
boundaries
and
extent
of
such
adverse
claim,
and
all
procedings,
except
the
publication
of
notice
and
making
and
filing
of
the
affidavit
thereof,
shall
be
stayed
until
the
controversy
shall
have
been
settled
or
decided
by
a
court
of
competent
jurisdiction,
or
the
adverse
claim
waived.
It
shall
be
the
duty
of
the
adverse
claimant,
within
thirty
days
after
filing
his
claim,
to
commence
proceedings
in
a
court
of
competent
jurisdiction,
to
determine
the
question
of
the
right
of
possession,
and
prosecute
the
same
with
reasonable
diligence
to
final
judgement;
and
a
failure
so
to
do
shall
be
a
waiver
of
his
adverse
claim.
After
such
judgment
shall
have
been
rendered
the
party
entitled
to
the
possession
of
the
claim,
or
any
portion
thereof,
may,
without
giving
further
notice,
file
a
certified
copy
of
the
judgment
roll
with
the
register
of
the
land
office,
together
with
the
certificate
of
the
Director
of
the
Bureau
of
Land
Management
that
the
requisite
amount
of
labor
has
been
expended
or
improvements
made
thereon,
and
the
description
required
in
other
cases,
and
shall
pay
to
the
register
$5
per
acre
for
his
claim,
together
with
the
proper
fees,
whereupon
the
whole
proceedings
and
the
judgment
roll
shall
be
certified
by
the
register
to
the
Director
of
the
Bureau
of
Land
Management,
and
a
patent
shall
issue
thereon
for
the
claim,
or
such
portion
thereof
as
the
applicant
shall
appear,
from
the
decision
of
the
court,
to
rightly
possess.
If
it
appears
from
the
decision
of
the
court
that
several
parties
are
entitled
to
separate
and
different
portions
of
the
claim,
each
party
may
pay
for
his
portion
of
the
claim,
with
the
proper
fees,
and
file
the
certificate
and
description
by
the
Director
of
the
Bureau
of
Land
Management
whereupon
the
register
shall
certify
the
proceedings
and
judgement
roll
to
the
Director
of
the
Bureau
of
Land
Management,
as
in
the
proceedings
case,
and
patents
shall
issue
to
the
several
parties
according
to
their
respective
rights.
Nothing
herein
contained
shall
be
construed
to
prevent
the
alienation
of
the
title
conveyed
by
a
patent
for
a
mining
claim
to
any
person
whatever.
§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
of
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
not
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.
§36.
Subdivisions
of
10-
acre
tracts;
maximum
of
placer
locations;
homestead
claims
of
agricultural
lands;
sale
of
improvements
Legal
subdivisions
of
forty
acres
may
be
subdivided
into
ten-acre
tracts;
and
two
or
more
persons,
or
associations
of
persons,
having
contiguous
claims
of
any
size,
although
such
claims
may
be
less
than
ten
acres
each,
may
make
joint
entry
thereof;
but
no
location
of
placer
claim,
made
after
the
9th
day
of
July,
1870,
shall
exceed
one
hundred
and
sixty
acres
for
anyone
person
or
association
of
persons,
which
location
shall
conform
to
the
United
States
surveys;
and
nothing
in
this
section
contained
shall
defeat
or
impair
any
bona
fide
homestead
claim
upon
agricultural
lands,
or
authorize
the
sale
of
the
improvements
of
any
bona
fide
settler
to
any
purchases.
§37.
Proceedings
for
patent
where
boundaries
contain
vein
or
lode;
application;
statement
including
vein
or
lode;
issuance
of
patent:
acreage
payments
for
vein
or
lode
and
placer
claims;
costs
of
proceedings;
knowledge
affecting
construction
of
application
and
scope
of
patent
Where
the
same
person,
association,
or
corporation
is
in
possession
of
a
placer
claim,
and
also
a
vein
or
lode
included
within
the
boundaries
thereof,
application
shall
be
made
for
a
patent
for
the
placer
claim,
with
the
statement
that
it
includes
such
vein
or
lode,
and
in
such
case
a
patent
shall
issue
for
the
placer
claim,
subject
to
the
provisions
of
sections
21,
22
to
24,
26
to20,
29,
30,
33
to
48,
50
to
52,
71
to
76
of
this
title
and
section
661
of
Title
43,
including
such
vein
or
lode,
upon
the
payment
of
$5
per
acre
for
such
vein
or
lode
claim,
and
twenty-five
feet
of
surface
on
each
side
thereof.
The
remainder
of
the
placer
claim,
or
any
placer
claim
not
embracing
any
vein
or
lode
claim,
shall
be
paid
for
at
the
rate
of
$2.50
per
acre,
together
with
all
the
costs
of
proceedings;
and
where
a
vein
or
lode,
such
as
described
in
section
23
of
this
title,
is
known
to
exist
within
the
boundaries
of
a
placer
claim,
an
application
for
a
patent
for
such
placer
claim
which
does
not
include
an
application
for
the
vein
or
lode
claim
shall
be
construed
as
a
conclusive
declaration
that
the
claimant
of
the
placer
claim
has
no
right
of
possession
of
the
vein
or
lode
claim;
but
where
the
existence
of
a
vein
or
lode
in
a
placer
claim
is
not
known,
a
patent
for
the
placer
claim
shall
convey
all
valuable
mineral
and
other
deposits
within
the
boundaries
thereof.
§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
to20,
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
ownerof
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.
§43.
Conditions
of
sale
by
local
legislature
As a condition of sale, in the absence of necessary legislation by Congress the local legislature of any State or Territory may provide rules for working mines, involving easements, drainage, and other necessary means to their complete development; and those conditions shall be fully expressed in the patent. |
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