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LegalText 30 U.S.C. § 42 Patents for nonmineral lands: application, survey, notice, acreage limitation, payment us united_states_code code_section 30 MINERAL LANDS AND MINING 2 MINERAL LANDS AND REGULATIONS IN GENERAL 42 30 U.S.C. § 42 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc30@119-100.zip /us/usc/t30/s42 data/legal/raw/us/code/title-30/usc30.xml 738df69d51aa2620f0abd1b062a86e90140cb30edc1e7d8e7b6a71de12f7e6df 355f8eb5c6ad5372de4a8e665d9ed90202d53d2aac19ac001d43948af4a4dd2f 497b82b9ec3d9ccc6ed993cccd433a9255332369fe9fcb9b7c7dfa6ed698ade6 2026-07-04 official
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30 U.S.C. § 42 - Patents for nonmineral lands: application, survey, notice, acreage limitation, payment

Text

(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. § 2337; Pub. L. 86390, Mar. 18, 1960, 74 Stat. 7.)

Notes

Editorial Notes

References in TextSections 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. §§ 2318 to 2352.

Codification R.S. § 2337 derived from act May 10, 1872, ch. 152, § 15, 17 Stat. 96.

Amendments1960—Pub. L. 86390 designated existing provisions as subsec. (a) and added subsec. (b).