| CFR, Title 43: Public Lands, Interior | CFR, Title 33: Navigation and Navigable Waters | CFR, Title 30: Mineral Resources | CFR, Title 36: Parks, Forests, and Public Property | Code of Virginia, Recreational Gold Mining | Code of Virginia, Instream Uses | Code of Virginia, Mining Definitions | California Code of Regulations, 14-228 "Suction Dredging" | California Fish and Game Code Sections 5650-5656 | Forest Service Manual | TITLE 30 - US CODE | General Mining Act of 1872 | Mineral Leasing Act of 1920 | Mineral Materials Act of 1947 | Federal Land Policy and Management Act of 1976 | SB 670 Bill, Analysis, Amendments, and Reviews |
| Definition of Submerged Lands, SUBCHAPTER I—GENERAL PROVISIONS (§§ 1301—1303) SUBCHAPTER II—LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES (§§ 1311—1315) SUBCHAPTER III—OUTER CONTINENTAL SHELF LANDS (§§ 1331—1356a) |
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| Parts 1-45. Relevant mining parts (1-45) are: Part 23: Surface exploration, mining and reclamation of lands Part 24: Department of the Interior fish and wildlife policy: State-Federal relationships Part 27: Nondiscrimination in activities conducted under permits, rights-of-way, public land orders, and other Federal authorizations granted or issued under Title II of Public Law 93-153 Part 35: Administrative remedies for fraudulent claims and statements |
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| 402-999. Continuation from previous Parts in Title 43. Relevant mining parts (402-999) are: Part 420: Off-road vehicle use Part 422: Law enforcement authority at Bureau of Reclamation projects Part 426: Acreage limitation rules and regulations Part 427: Water conservation rules and regulations |
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| 1000-1599. Continuation from previous Parts in Title 43. Relevant mining parts (1000-1599) are: Part 2740: Recreation and Public Purposes Act Part 2880: Rights-of-way under the Mineral Leasing Act Part 3000: Minerals management: General Part 3500: Leasing of solid minerals other than coal and oil shale Part 3590: Solid minerals (other than coal) exploration and mining operations Part 3600: Mineral materials disposal Part 3740: Public Law 585; multiple mineral development Part 3800: Mining claims under the general mining laws Part 3810: Lands and minerals subject to location Part 3820: Areas subject to special mining laws Part 3830: Locating, recording, and maintaining mining claims or sites, general provisions Part 3832: Locating mining claims or sites Part 3833: Recording mining claims or sites Part 3834: Required fees for mining claims or sites Part 3835: Waivers from annual maintenance fees Part 3836: Annual assessment work requirements for mining claims Part 3837: Acquiring a delinquent co-claimant's interests in a mining claim or site Part 3838: Special procedures for locating and recording mining claims and tunnel sites on Stockraising Homestead Act (SRHA) lands Part 3860: Mineral patent applications Part 3870: Adverse claims, protests and conflicts Part 5000: Administration of forest management decisions Part 9260: Law enforcement--criminal |
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| This index contains parts 200 to the end. Relevant mining parts are: Part 207: Navigation regulations Part 223: Boards, commissions, and committees Part 323: Permits for discharges of dredged or fill material into waters of the United States Part 326: Enforcement Part 328: Definition of waters of the United States |
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| Part 780: Surface Mining Permit Applications, Minimum Requirements for Reclamation and Operation Plan. Relevant mining sections are: Sec. 780.1 Scope. Sec. 780.2 Objectives. Sec. 780.4 Responsibilities. Sec. 780.10 Information collection. Sec. 780.11 Operation plan: General requirements. Sec. 780.12 Operation plan: Existing structures. Sec. 780.13 Operation plan: Blasting. Sec. 780.14 Operation plan: Maps and plans. Sec. 780.15 Air pollution control plan. Sec. 780.16 Fish and wildlife information. Sec. 780.18 Reclamation plan: General requirements. Sec. 780.21 Hydrologic information. Sec. 780.22 Geologic information. Sec. 780.23 Reclamation plan: Land use information. Sec. 780.25 Reclamation plan: Siltation structures, impoundments, and refuse piles. Sec. 780.27 Reclamation plan: Surface mining near underground mining. Sec. 780.28 Activities in or adjacent to perennial or intermittent streams. Sec. 780.29 Diversions. Sec. 780.31 Protection of publicly owned parks and historic places. Sec. 780.33 Relocation or use of public roads. Sec. 780.35 Disposal of excess spoil. Sec. 780.37 Road systems. Sec. 780.38 Support facilities. |
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| Part 905: California. Part 905: Mostly dealing with coal, but there are other parts relevant to mining in California that apply to other mineral mining activities. |
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| Subpart A: Mining and Mining Claims. Relevant mining sections are: Sec. 9.1 Purpose and scope. Sec. 9.2 Definitions. Sec. 9.3 Access permits. Sec. 9.4 Surface disturbance moratorium. Sec. 9.5 Recordation. Sec. 9.6 Transfers of interest. Sec. 9.7 Assessment work. Sec. 9.8 Use of water. Sec. 9.9 Plan of operations. Sec. 9.10 Plan of operations approval. Sec. 9.11 Reclamation requirements. Sec. 9.12 Supplementation or revision of plan of operations. Sec. 9.13 Performance bond. Sec. 9.14 Appeals. Sec. 9.15 Use of roads by commercial vehicles. Sec. 9.16 Penalties. Sec. 9.17 Public inspection of documents. Sec. 9.18 Surface use and patent restrictions. |
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| All Parts: Sec. 228.1 Purpose. Sec. 228.2 Scope. Sec. 228.3 Definitions. Sec. 228.4 Plan of operations--notice of intent--requirements. Sec. 228.5 Plan of operations--approval. Sec. 228.6 Availability of information to the public. Sec. 228.7 Inspection, noncompliance. Sec. 228.8 Requirements for environmental protection. Sec. 228.9 Maintenance during operations, public safety. Sec. 228.10 Cessation of operations, removal of structures and equipment. Sec. 228.11 Prevention and control of fire. Sec. 228.12 Access. Sec. 228.13 Bonds. Sec. 228.14 Appeals. Sec. 228.15 Operations within National Forest Wilderness. Sec. 228.40 Authority. Sec. 228.41 Scope. Sec. 228.42 Definitions. Sec. 228.43 Policy governing disposal. Sec. 228.44 Disposal on existing Federal leased areas. Sec. 228.45 Qualifications of applicants. Sec. 228.46 Application of other laws and regulations. Sec. 228.47 General terms and conditions of contracts and permits. Sec. 228.48 Appraisal and measurement. Sec. 228.49 Reappraisal. Sec. 228.50 Production records. Sec. 228.51 Bonding. Sec. 228.52 Assignments. Sec. 228.53 Term. Sec. 228.54 Single entry sales or permits. Sec. 228.55 Cancellation or suspension. Sec. 228.56 Operating plans. Sec. 228.57 Types of disposal. Sec. 228.58 Competitive sales. Sec. 228.59 Negotiated or noncompetitive sales. Sec. 228.60 Prospecting permits. Sec. 228.61 Preference right negotiated sales. Sec. 228.62 Free use. Sec. 228.63 Removal under terms of a timber sale or other Forest Service contract. Sec. 228.64 Community sites and common-use areas. Sec. 228.65 Payment for sales. Sec. 228.66 Refunds. Sec. 228.67 Information collection requirements. Sec. 228.80 Operations within Misty Fjords and Admiralty Island National Monuments, Alaska. Sec. 228.100 Scope and applicability. Sec. 228.101 Definitions. Sec. 228.102 Leasing analyses and decisions. Sec. 228.103 Notice of appeals of decisions. Sec. 228.104 Consideration of requests to modify, waive, or grant exceptions to lease stipulations. Sec. 228.105 Issuance of onshore orders and notices to lessees. Sec. 228.106 Operator's submission of surface use plan of operations. Sec. 228.107 Review of surface use plan of operations. Sec. 228.108 Surface use requirements. Sec. 228.109 Bonds. Sec. 228.110 Indemnification. Sec. 228.111 Temporary cessation of operations. Sec. 228.112 Compliance and inspection. Sec. 228.113 Notice of noncompliance. Sec. 228.114 Material noncompliance proceedings. Sec. 228.115 Additional notice of decisions. Sec. 228.116 Information collection requirements. |
| Code of Virginia | Table of Contents | ||
| Title 28.2 | Fisheries and Habitat of the Tidal Waters | ||
| Title 28.2, Chapter 12 | Submerged Lands | ||
| 28.2-1203 | Unlawful use of subaqueous beds; penalty | ||
| Recreational Gold Mining | 7. Recreational gold mining, provided that (i) a man-portable suction dredge no larger than four inches in diameter is used, (ii) rights of riparian property owners are not affected, (iii) the activity is conducted without adverse impacts to instream beneficial uses as defined in § 62.1-10 (see below), (iv) the activity is conducted without adverse impacts to underwater historic properties and related objects as defined in § 10.1-2214 (see below), and (v) the activity is not defined as mining in § 45.1-180. | ||
| § 62.1-10, Instream Uses, Definitions | As used in this chapter, the following terms shall have the meanings respectively ascribed to them: (a) "Water" includes all waters, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction and which affect the public welfare. (b) "Beneficial use" means both instream and offstream uses. Instream beneficial uses include, but are not limited to, the protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values. Offstream beneficial uses include, but are not limited to, domestic (including public water supply), agricultural, electric power generation, commercial and industrial uses. Public water supply uses for human consumption shall be considered the highest priority. | ||
| § 10.1-2214. Underwater historic property; penalty | A. "Underwater historic property" means any submerged shipwreck, vessel, cargo, tackle or underwater archaeological specimen, including any object found at underwater refuse sites or submerged sites of former habitation, that has remained unclaimed on the state-owned subaqueous bottom and has historic value as determined by the Department. B. Underwater historic property shall be preserved and protected and shall be the exclusive property of the Commonwealth. Preservation and protection of such property shall be the responsibility of all state agencies including but not limited to the Department, the Virginia Institute of Marine Science, and the Virginia Marine Resources Commission. Insofar as may be practicable, such property shall be preserved, protected and displayed for the public benefit within the county or city within which it is found, or within a museum operated by a state agency. C. It shall be unlawful for any person, firm or corporation to conduct any type of recovery operations involving the removal, destruction or disturbance of any underwater historic property without first applying for and receiving a permit from the Virginia Marine Resources Commission to conduct such operations pursuant to § 28.2-1203. If the Virginia Marine Resources Commission, with the concurrence of the Department and in consultation with the Virginia Institute of Marine Science and other concerned state agencies, finds that granting the permit is in the best interest of the Commonwealth, it shall grant the applicant a permit. The permit shall provide that all objects recovered shall be the exclusive property of the Commonwealth. The permit shall provide the applicant with a fair share of the objects recovered, or in the discretion of the Department, a reasonable percentage of the cash value of the objects recovered to be paid by the Department. Title to all objects recovered shall be retained by the Commonwealth unless or until they are released to the applicant by the Department. All recovery operations undertaken pursuant to a permit issued under this section shall be carried out under the general supervision of the Department and in accordance with § 28.2-1203 and in such a manner that the maximum amount of historical, scientific, archaeological and educational information may be recovered and preserved in addition to the physical recovery of items. The Virginia Marine Resources Commission shall not grant a permit to conduct operations at substantially the same location described and covered by a permit previously granted if recovery operations are being actively pursued, unless the holder of the previously granted permit concurs in the grant of another permit. D. The Department may seek a permit pursuant to this section and § 28.2-1203 to preserve and protect or recover any underwater historic property. E. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor and, in addition, shall forfeit to the Commonwealth any objects recovered. § 45.1-180. Definitions, Mining. |
The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section except where the context clearly requires a different meaning: | (a) Mining. - Means the breaking or disturbing of the surface soil or rock in order to facilitate or accomplish the extraction or removal of minerals; any activity constituting all or part of a process for the extraction or removal of minerals so as to make them suitable for commercial, industrial, or construction use; but shall not include those aspects of deep mining not having significant effect on the surface, and shall not include excavation or grading when conducted solely in aid of on-site farming or construction. Nothing herein shall apply to mining of coal. This definition shall not include, nor shall this title, chapter, or section be construed to apply to the process of searching, prospecting, exploring or investigating for minerals by drilling. (b) Disturbed land. - The areas from which overburden has been removed in any mining operation, plus the area covered by the spoil and refuse, plus any areas used in such mining operation including land used for processing, stockpiling, and settling ponds. (c) Overburden. - All of the earth and other material which lie above a natural deposit of minerals, ores, rock or other solid matter and also other materials after removal from their natural deposit in the process of mining. (d) Spoil. - Any overburden or other material removed from its natural state in the process of mining. (e) Operator. - Any individual, corporation or corporation officer, firm, joint venture, partnership, business trust, association, or any other group or combination acting as a unit, or any legal entity which is engaged in mining. (f) through (i) [Repealed.] (j) Mining operation. - Any area included in an approved plan of operation. (k) Reclamation. - The restoration or conversion of disturbed land to a stable condition which minimizes or prevents adverse disruption and the injurious effects thereof and presents an opportunity for further productive use if such use is reasonable. (l) Mineral. - Ore, rock, and any other solid homogeneous crystalline chemical element or compound that results from the inorganic processes of nature other than coal. (m) Division. - The Division of Mined Land Reclamation. (n) Refuse. - All waste soil, rock, mineral tailings, slimes and other material directly connected with the mine, cleaning and preparation of substances mined including all waste material deposited in the permit area from other sources. (1968, c. 734; 1972, c. 206; 1974, c. 312; 1977, c. 312; 1984, c. 590.) |
| § 228. Suction Dredging. For purposes of these regulations, suction dredging (also called vacuum dredging) is defined as the use of a suction system to remove and return material at the bottom of a stream, river, or lake for the extraction of minerals. Suction dredges may only be used pursuant to the following provisions: (a) Permit requirement. Every person who operates the intake nozzle of any suction dredge shall have a suction dredge permit in his/her immediate possession. Suction dredge permits shall be valid from the first of the year for one calendar year or if issued after the first of the year, for the remainder of that year. The department will charge a fee for each suction dredge permit pursuant to Section 5653(c), Fish and Game Code. Permits may be obtained at any Regional office or at the License and Revenue Branch office. Any person with a qualifying disability under the Americans With Disabilities Act, who presents a Disabled Person DMV registration or other State, or Federal approved documentation of disability, and who requires assistance in operating a suction dredge may also apply for an assistant suction dredge permit. Any assistant suction dredge permit issued by the department to such disabled person shall be in the disabled applicant's name and shall be issued at no charge. The disabled permittee must be present at the dredge site while the assistant is operating the suction dredge. The assistant shall have the assistant suction dredge permit in his/her immediate possession while assisting the disabled permittee in suction dredging activities. Any assistant may be prosecuted for a violation of the laws or regulations pertaining to suction dredging. The disabled permittee may be prosecuted for a violation of the laws or regulations pertaining to suction dredging committed by his/her assistant. (b) Special Suction Dredge Permits. (1) Submission of Written Plan. Any person may apply for a special suction dredge permit to operate a suction dredge with a nozzle larger than prescribed in subsections 228(e)(1), 228.5(c) or 228.5(d) by submitting a written plan detailing the proposed operation. If the department determines that no deleterious effect to fish may occur, the special permit shall be issued with conditions prescribed by the department to protect fish resources. A special permit will be issued or denied within 30 days upon receipt of a complete written plan detailing the proposed operation unless the time is intended by mutual agreement. If the special permit is denied, the justification for denial will be provided. (2) Appeal of Denial. The denial of a special suction dredge permit may be appealed in writing to the director or his/her designee (hereinafter referred to as director). If the director determines that no deleterious impacts to fish may occur, the director shall authorize the issuance of the permit. The director shall respond to an appeal within 45 days from receipt of notice of request to appeal. (c) Permit Revocation or Suspension. Any suction dredge permit, assistant suction dredge permit, or special suction dredge permit may be revoked or suspended by the regional manager or his/her designee (hereinafter referred to as regional manager) for any violation of the laws or regulations pertaining to suction dredging. The regional manager may, in his/her discretion, revoke or suspend the permit or permit renewal or permanently revoke the renewal of a permit based on past citations or convictions of such laws or regulations. A regional manager's decision to revoke or suspend a permit or permit renewal may be appealed to the director. Any revocation or suspension of a permit or permit renewal shall be in accordance with the following provisions: (1) Hearing When Permittee Convicted of Violation. In the case where the permittee has already been convicted of a violation of Section 5653 or 5653.3 of the Fish and Game Code or any regulation pertaining thereto permitted by said code, the regional manager shall schedule a hearing to consider the revocation or suspension of his/her permit or permit renewal: (A) Notification. The regional manager shall notify the permittee, by certified letter, of the intent to consider the revocation or suspension of his/her permit or permit renewal at the hearing. The certified letter shall include the following information: 1. Name of permittee and last known address. 2. Date, time and place of scheduled hearing, 3. Reason for impending action, including a statement as to date and fact of conviction(s). 4. A copy of Section 228, Title 14, California Code of Regulations. 5. A statement that the permittee has the right to appear and to be represented by legal counsel. (B) Recording. The proceedings of the hearing shall be recorded by an electronic tape recording system. (C) Reading of Documents. At the hearing, the regional manager shall read the conviction documents. The department shall provide the regional manager with the background information regarding the violation(s) and conviction(s) and shall submit into the record a copy of the document(s) which include(s) the facts of the conviction(s) of a violation of the regulation(s) or statute. (D) Statement by Permittee. The permittee shall make his/her statement regarding the violation(s) and conviction(s), and may argue that extenuating circumstances were such as to not warrant the loss of his/her permit or permit renewal. (E) Questioning. The permittee or the department personnel may be questioned by the regional manager. (F) Findings. At the conclusion of the hearing, the regional manager shall make a decision which contains findings or reasons for the proposed action. (G) Notification by Certified Mail. After the hearing, the regional manager shall provide the permittee, by certified mail, a copy of the final decision. (H) Appeal. The permittee may request an appeal in writing to the director within 30 days of the date of receipt of the regional manager's decision. The director shall respond to an appeal in writing within 45 days from receipt of notice of request to appeal. (I) Judicial Review. The permittee may request judicial review by filing a petition for writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of the decision. The record of the proceedings shall be prepared by the department and delivered to the petitioner within 30 days after receipt of petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code. (2) Hearing When Permittee Cited but Not Convicted. In the case where the permittee has not been convicted of a violation of Section 5653 of the Fish and Game Code or any regulation pertaining to suction dredging permitted by said code, but has been cited by the department, the regional manager shall schedule a hearing to consider the revocation or suspension of his/her permit or permit renewal: (A) Notification. The regional manager shall notify the permittee, by certified letter, of the regional manager's intent to consider the revocation or suspension of his/her permit or permit renewal at the hearing. The certified letter shall include the following information: 1. Name of permittee and last known address. 2. Date, time and place of scheduled hearing. 3. Reason for impending regional manager's action, including a concise statement of the acts or nonactions of the permittee which constitutes a violation of Section 5653 or 5653.3, of the Fish and Game Code or regulations made pursuant thereto. 4. A copy of Section 228, Title 14, California Code of Regulations. 5. A statement that the permittee has the right to appear and to be represented by legal counsel. (B) Recording. The proceedings of the hearing shall be recorded by an electronic type recording system. (C) Presentation of Evidence. The permittee and the department have the right to present evidence at the scheduled hearing as follows: 1. Oral evidence shall be taken on oath or affirmation. 2. Each party may call and examine witnesses, cross-examine opposing witnesses on any relevant matter, may rebut evidence against him/her, and may orally argue the matter. 3. The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons would rely in the conduct of serious affairs. 4. The permittee or the department may be questioned by the regional manager. (D) Findings. At the conclusion of the hearing, the regional manager shall make a decision based on the evidence presented at the hearing and shall issue written findings containing reasons for the decision and the evidence relied upon. (E) Notification by Certified Mail. After the hearing the regional manager shall provide the permittee, by certified mail, a copy of the final decision. (F) Appeal. The permittee may request an appeal in writing to the director within 30 days of the date of receipt of the regional manager's decision. The director shall respond to an appeal in writing within 45 days from receipt of notice of request to appeal. (G) Judicial Review. The permittee may request judicial review by filing a petition of writ of mandate in accordance with provisions of the Code of Civil Procedure within 30 days from the date of the director's decision. The record of the administrative proceedings shall be prepared by the department and delivered to the petitioner within 30 days after receipt of petitioner's request and upon payment of the fee specified in Section 69950 of the Government Code. (d) Special Approval for Use of Suction Dredges in Lakes and Reservoirs. No suction dredging is permitted in any lake or reservoir without written approval from the lake operating agency, the Regional Water Quality Control Board and an on-site inspection and approval by the Department. (e) Equipment Requirements. (1) Nozzle Restriction. No suction dredge having an intake nozzle with an inside diameter larger than six inches may be used unless: (A) Otherwise provided under special regulations of Section 228.5, Title 14, California Code of Regulations, or (B) A constricting ring with an inside diameter not larger than six inches has been attached to the intake nozzle. This constricting ring must be of solid, one-piece construction with no openings other than the intake and openings not greater than one inch between the constricting ring and nozzle. It must be welded or otherwise permanently attached over the end of the intake nozzle. No quick-release devices are permitted. (2) Hose Restriction. The inside diameter of the intake hose may not be more than four inches larger than the permitted intake nozzle size. (f) Restrictions on Methods of Operation. (1) Winching is permitted under the following provisions: (A) Boulders and other material may only be moved within the existing water line. No boulders or other material shall be moved outside the water line. (B) Winching of any material embedded on banks of streams or rivers is prohibited. (C) Winching of any material into a location which deflects water into the bank is prohibited. (D) No power-winch activated shovels, buckets or rakes may be used to excavate materials in the stream course. Nets and other devices may be used to collect cobbles and boulders by hand for removal from dredge holes providing the materials are not removed from within the water line. (E) No woody streamside vegetation shall be removed or damaged. Trees may be used as winch and pulley anchor points provided that precautions are taken to ensure that trunk surfaces are protected from cutting or abrasions. (2) No person may suction dredge into the bank of any stream, lake or river. (3) No person shall remove or damage woody riparian vegetation during suction dredge operations. (4) No person shall move any anchored, exposed woody debris such as root wads, stumps or logs. (5) No person shall divert a stream or river into the bank. (6) No person shall dam or otherwise obstruct a stream, river or lake in such a manner that fish passage is impeded. (7) No person shall import any earthen material into a stream, river or lake. Operating outside these Restrictions On Methods Of Operation may require compliance with Fish and Game Code sections 1600 - 1607, which govern lake and streambed alterations. (g) Compliance with Other Laws. Nothing in any permit issued pursuant to these regulations authorizes the permittee to trespass on any land or property, or relieves the permittee of the responsibility of complying with applicable federal, State, or local laws or ordinances. (h) Emergency Closure. The Department may initiate emergency regulatory action pursuant to Government Code Section 11346.1 to close any water to suction dredging. Link |
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5650. (a) Except as provided in subdivision (b), it is unlawful to
deposit in, permit to pass into, or place where it can pass into the
waters of this state any of the following: (1) Any petroleum, acid, coal or oil tar, lampblack, aniline, asphalt, bitumen, or residuary product of petroleum, or carbonaceous material or substance. (2) Any refuse, liquid or solid, from any refinery, gas house, tannery, distillery, chemical works, mill, or factory of any kind. (3) Any sawdust, shavings, slabs, or edgings. (4) Any factory refuse, lime, or slag. (5) Any cocculus indicus. (6) Any substance or material deleterious to fish, plant life, or bird life. (b) This section does not apply to a discharge or a release that is expressly authorized pursuant to , and in compliance with, the terms and conditions of a waste discharge requirement pursuant to Section 13263 of the Water Code or a waiver issued pursuant to subdivision (a) of Section 13269 of the Water Code issued by the State Water Resources Control Board or a regional water quality control board after a public hearing, or that is expressly authorized pursuant to, and in compliance with, the terms conditions of a federal permit for which the State Water Resources Control Board or a regional water quality control board has, after a public hearing, issued a water quality certification pursuant to Section 13160 of the Water Code. This section does not confer additional authority on the State Water Resources Control Board, a regional water quality control board, or any other entity. (c) It shall be an affirmative defense to a violation of this section if the defendant proves, by a preponderance of the evidence, all of the following: (1) The defendant complied with all applicable state and federal laws and regulations requiring that the discharge or release be reported to a government agency. (2) The substance or material did not enter the waters of the state or a storm drain that discharges into the waters of the state. (3) The defendant took reasonable and appropriate measures to effectively mitigate the discharge or release in a timely manner. (d) The affirmative defense in subdivision (c) does not apply and may not be raised in an action for civil penalties or injunctive relief pursuant to Section 5650.1. (e) The affirmative defense in subdivision (c) does not apply and may not be raised by any defendant who has on two prior occasions in the preceding five years, in any combination within the same county in which the case is prosecuted, either pleaded nolo contendere, been convicted of a violation of this section, or suffered a judgment for a violation of this section or Section 5650.1. This subdivision shall apply only to cases filed on or after January 1, 1997. (f) The affirmative defense in subdivision (c) does not apply and may not be raised by the defendant in any case in which a district attorney, city attorney, or Attorney General alleges, and the court finds, that the defendant acted willfully. 5650.1. (a) Every person who violates Section 5650 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation. (b) The civil penalty imposed for each separate violation pursuant to this section is separate, and in addition to, any other civil penalty imposed for a separate violation pursuant to this section or any other provision of law. (c) In determining the amount of any civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation. In making this determination, the court shall consider the degree of toxicity and volume of the discharge, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, the effect of any civil penalty on the ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require. (d) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated. (e) In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding that irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued, or that the remedy at law is inadequate. (f) After the party seeking the injunction has met its burden of proof, the court shall determine whether to issue a temporary restraining order, preliminary injunction, or permanent injunction without requiring the defendant to prove that it will suffer grave or irreparable harm. The court shall make the determination whether to issue a temporary restraining order, preliminary injunction, or permanent injunction by taking into consideration, among other things, the nature, circumstance, extent, and gravity of the violation, the quantity and characteristics of the substance or material involved, the extent of environmental harm caused by the violation, measures taken by the defendant to remedy the violation, the relative likelihood that the material or substance involved may pass into waters of the state, and the harm likely to be caused to the defendant. (g) The court, to the maximum extent possible, shall tailor any temporary restraining order, preliminary injunction, or permanent injunction narrowly to address the violation in a manner that will otherwise allow the defendant to continue business operations in a lawful manner. (h) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as defined in Section 13003 and shall be apportioned in the following manner: (1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100. (2) Fifty percent shall be distributed to the department for deposit in the Fish and Game Preservation Fund. These funds may be expended to cover the costs of legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution. 5651. Whenever it is determined by the department that a continuing and chronic condition of pollution exists, the department shall report that condition to the appropriate regional water quality control board, and shall cooperate with the board in obtaining correction or abatement in accordance with any laws administered by the board for the control of practices for sewage and industrial waste disposal. 5652. It is unlawful to deposit, permit to pass into, or place where it can pass into the waters of the state, or to abandon, dispose of, or throw away, within 150 feet of the high-water mark of the waters of the state, any cans, bottles, garbage, motor vehicle or parts thereof, rubbish, or the viscera or carcass of any dead mammal, or the carcass of any dead bird. The abandonment of any motor vehicle in any manner that violates this section shall constitute a rebuttable presumption affecting the burden of producing evidence that the last registered owner of record, not having complied with Section 5900 of the Vehicle Code, is responsible for such abandonment and is thereby liable for the cost of removal and disposition of the vehicle. This section prohibits the placement of a vehicle body on privately owned property along a streambank by the property owner or tenant for the purpose of preventing erosion of the streambank. This section does not apply to a refuse disposal site which is authorized by the appropriate local agency having jurisdiction or to the depositing of such materials in a container from which the materials are routinely removed to a legal point of disposal. This section shall be enforced by all law enforcement officers of this state. 5653. (a) The use of any vacuum or suction dredge equipment by any person in any river, stream, or lake of this state is prohibited, except as authorized under a permit issued to that person by the department in compliance with the regulations adopted pursuant to Section 5653.9. Before any person uses any vacuum or suction dredge equipment in any river, stream, or lake of this state, that person shall submit an application for a permit for a vacuum or suction dredge to the department, specifying the type and size of equipment to be used and other information as the department may require. (b) Under the regulations adopted pursuant to Section 5653.9, the department shall designate waters or areas wherein vacuum or suction dredges may be used pursuant to a permit, waters or areas closed to those dredges, the maximum size of those dredges that may be used, and the time of year when those dredges may be used. If the department determines, pursuant to the regulations adopted pursuant to Section 5653.9, that the operation will not be deleterious to fish, it shall issue a permit to the applicant. If any person operates any equipment other than that authorized by the permit or conducts the operation in any waters or area or at any time that is not authorized by the permit, or if any person conducts the operation without securing the permit, the person is guilty of a misdemeanor. (c) The department shall issue a permit upon the payment, in the case of a resident, of a base fee of twenty-five dollars ($25), as adjusted under Section 713, when an onsite investigation of the project size is not deemed necessary by the department, and a base fee of one hundred thirty dollars ($130), as adjusted under Section 713, when the department deems an onsite investigation is necessary. In the case of a nonresident, the base fee shall be one hundred dollars ($100), as adjusted under Section 713, when an onsite investigation is not deemed necessary, and a base fee of two hundred twenty dollars ($220), as adjusted under Section 713, when an onsite investigation is deemed necessary. (d) It is unlawful to possess a vacuum or suction dredge in areas, or in or within 100 yards of waters, that are closed to the use of vacuum or suction dredges. 5653.3. Any person required to possess a permit pursuant to Section 5653 shall present his or her dredging equipment for inspection upon request of a state or county fish and game warden. 5653.5. For purposes of Section 5653, "river, stream, or lake" means the body of water at the current water level at the time of the dredging. 5653.7. In the event of an unanticipated water level change, when necessary to protect fish and wildlife resources, the department may close areas that were otherwise opened for dredging and for which permits were issued pursuant to Section 5653. 5653.8. For purposes of Sections 5653 and 5653.3, "person" does not include a partnership, corporation, or other type of association. 5653.9. The department shall adopt regulations to carry out Section 5653 and may adopt regulations to carry out Sections 5653.3, 5653.5, and 5653.7. The regulations shall be adopted in accordance with the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. 5655. (a) In addition to the responsibilities imposed pursuant to Section 5651, the department may clean up or abate, or cause to be cleaned up or abated, the effects of any petroleum or petroleum product deposited or discharged in the waters of this state or deposited or discharged in any location onshore or offshore where the petroleum or petroleum product is likely to enter the waters of this state, order any person responsible for the deposit or discharge to clean up the petroleum or petroleum product or abate the effects of the deposit or discharge, and recover any costs incurred as a result of the cleanup or abatement from the responsible party. (b) No order shall be issued pursuant to this section for the cleanup or abatement of petroleum products in any sump, pond, pit, or lagoon used in conjunction with crude oil production that is in compliance with all applicable state and federal laws and regulations. (c) The department may issue an order pursuant to this section only if there is an imminent and substantial endangerment to human health or the environment and the order shall remain in effect only until any cleanup and abatement order is issued pursuant to Section 13304 of the Water Code. A regional water quality control board shall incorporate the department's order into the cleanup and abatement order issued pursuant to Section 13304 of the Water Code, unless the department's order is inconsistent with any more stringent requirement established in the cleanup and abatement order. Any action taken in compliance with the department's order is not a violation of any subsequent regional water quality control board cleanup and abatement order issued pursuant to Section 13304 of the Water Code. (d) For purposes of this section, "petroleum product" means oil in any kind or form, including, but not limited to, fuel oil, sludge, oil refuse, and oil mixed with waste other than dredged spoil. "Petroleum product" does not include any pesticide that has been applied for agricultural, commercial, or industrial purposes or has been applied in accordance with a cooperative agreement authorized by Section 116180 of the Health and Safety Code, that has not been discharged accidentally or for purposes of disposal, and whose application was in compliance with all applicable state and federal laws and regulations. 5656. Any recovery or settlement of money damages, including, but not limited to, civil penalties arising out of any civil action filed and maintained by the Attorney General in the enforcement of this article shall be deposited in the Fish and Wildlife Pollution Account in the Fish and Game Preservation Fund. Link |
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| All Parts 30 USC 21 - Mineral lands reserved 30 USC 21a - National mining and minerals policy; minerals defined; execution of policy under other authorized programs 30 USC 22 - Lands open to purchase by citizens 30 USC 23 - Length of claims on veins or lodes 30 USC 24 - Proof of citizenship 30 USC 25 - Affidavit of citizenship 30 USC 26 - Locators rights of possession and enjoyment 30 USC 27 - Mining tunnels; right to possession of veins on line with; abandonment of right 30 USC 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-owners succession in interest upon delinquency in cont 30 USC 281 - Inclusion of certain surveys in labor requirements of mining claims; conditions and restrictions 30 USC 282 - Definitions 30 USC 28a - Omitted 30 USC 28b - Annual assessment work on mining claims; temporary deferment; conditions 30 USC 28c - Length and termination of deferment 30 USC 28d - Performance of deferred work 30 USC 28e - Recordation of deferment 30 USC 28f - Fee 30 USC 28g - Location fee 30 USC 28h - Co-ownership 30 USC 28i - Failure to pay 30 USC 28j - Other requirements 30 USC 28k - Regulations 30 USC 29 - Patents; procurement procedure; filing: 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; objection 30 USC 30 - Adverse claims; oath of claimants; requisites; waiver; stay of land office proceedings; judicial determination of right of possession; successful claimants filing of judgment roll, certificate of labor, and description of claim in land office 30 USC 31 - Oath: agent or attorney in fact, beyond district of claim 30 USC 32 - Findings by jury; costs 30 USC 33 - Existing rights 30 USC 34 - Description of vein claims on surveyed and unsurveyed lands; monuments on ground to govern conflicting calls 30 USC 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 30 USC 36 - Subdivisions of 10-acre tracts; maximum of placer locations; homestead claims of agricultural lands; sale of improvements 30 USC 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 claim; costs of proceedings; knowledge affecting construction of appl 30 USC 38 - Evidence of possession and work to establish right to patent 30 USC 39 - Surveyors of mining claims 30 USC 40 - Verification of affidavits 30 USC 41 - Intersecting or crossing veins 30 USC 42 - Patents for nonmineral lands: application, survey, notice, acreage limitation, payment 30 USC 43 - Conditions of sale by local legislature 44, 45. Omitted 30 USC 46 - Additional land districts and officers 30 USC 47 - Impairment of rights or interests in certain mining property 30 USC 48 - Lands in Michigan, Wisconsin, and Minnesota; sale and disposal as public lands 30 USC 49 - Lands in Missouri and Kansas; disposal as agricultural lands 30 USC 49a - Mining laws of United States extended to Alaska; exploration and mining for precious metals; regulations; conflict of laws; permits; dumping tailings; pumping from sea; reservation of roadway; title to land below line of high tide or high-wat 30 USC 49b - Mining laws relating to placer claims extended to Alaska 30 USC 49c - Recording notices of location of Alaskan mining claims 30 USC 49d - Miners regulations for recording notices in Alaska; certain records legalized 30 USC 49e - Annual labor or improvements on Alaskan mining claims; affidavits; burden of proof; forfeitures; location anew of claims; perjury 30 USC 49f - Fees of recorders in Alaska for filing proofs of work and improvements 30 USC 50 - Grants to States or corporations not to include mineral lands 30 USC 51 - Water users vested and accrued rights; enumeration of uses; protection of interest; rights-of-way for canals and ditches; liability for injury or damage to settlers possession 30 USC 52 - Patents or homesteads subject to vested and accrued water rights 30 USC 53 - Possessory actions for recovery of mining titles or for damages to such title 30 USC 54 - Liability for damages to stock raising and homestead entries by mining activities |
FORTY-SECOND CONGRESS. Sess. II Ch. 149, 152. 1872 91 fied person: Provided, That all the persons availing themselves of the provisions of this section shall be required to pay, and there shall be collected from them, at the time of making payment for their land, interest on the total amounts paid by them, respectively, at the rate of five per centum per annum, from the date at which they would have been required to make payment under the act of July fifteenth, eighteen hundred and seventy. until the date of payment: Provided further. That the twelfth section of said act of July sixteenth eighteen hundred and seventy, is hereby so amended that the aggregate amount of the proceeds of sale received to the first day of March of each year shall be the amount upon which payment of interest shall be based. Sec. 3. That the sale or transfer of his or her claim upon any portion of these lands by any settler prior to the issue of the commissioner's instructions of April twenty-sixth, eighteen hundred and seventy-one, shall not operate to preclude the right of entry, under the provisions of this act, upon another tract settled upon subsequent to such sale or transfer: Provided, That satisfactory proof of good faith be furnished upon such subsequent settlement: Provided further, That the restrictions of the preemption laws relating to previous enjoyment of the pre-emption right, to removal from one's own land in the same State, or the ownership of over three hundred and twenty acres, shall not apply to any settler actually residing on his or her claim at the date of the passage of this act. Approved, May 9, 1872 CHAP. CL. II --- As Act to promote the Development of the mining Resources of the Untied States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to 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. Sec.2. That mining-claims upon veins or lodes of quarts or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits heretofore located, 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 passage of this act, whether located by one or more persons, may equal, but no 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 exceed more than three hundred feet on each side of the Middle of the vein at the surface, nor shall any claim be limited by any mining regulation to less then twenty five feet on each side of the middle of the vein at the surface, except where adverse rights existing at the passage of this act shall render such limitation necessary. The end-lines of each claim shall be paralleled to each other. Sec.3. That the locators of all mining locations heretofore made, or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists at the passage of this act, so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with said laws of the United States governing their possessory title, shall have the exchange 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 Five per cent interest to be paid on what sum and for what time. Settler, transferring claims prior to, &cc., not precluded from entering upon another tract, if, &cc. Certain restrictions of the preemption laws not to apply. May 10, 1872 See 1873, ch. 130. Post , p.445. Valuable mineral deposits in public lands and the lands to be open to citizens, &cc. Length of mining-claims upon veins or lode width; end-lines Locations of mining locations where there is no adverse claim, &cc., to have what exclusive rights of possession and enjoyment. Certain exclusive rights to location of mining claims Limitations. Owners of tunnels to have what rights of possession of certain veins or lodes. What to be deemed as abontamend of right by owners of tunnels. Miners may make certain rules as to location, &cc., of mining-claim. Requirements as to locations; records; Amount of work necessary to hold possession. See 1873, ch. 214 Post, p. 483 Mine to be open to relocation, if &cc. Rights of co-ownership Interest of delinquents after notice, &cc., to belong to co-owners Patent for land claimed, &cc., for valuable deposits, how to be obtained. 92 FORTY-SECOND CONGRESS. Sess. II Ch. 152. 1872. 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 the vertical side-lines of said surface locations: Provided, That their right of possession to such outside parts of said veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as aforesaid the end-lines of their locations so continued in their own direction that such planes will intersect such parts of said veins or ledges: And provide further, That nothing in the 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 the surface of a claim owned or possessed by another. Sec. 4. That where a tunnel is run for the development of a vein or lode, or for 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 exists, discovered in such tunnel, to the same extent as if discovered from the surface; and locations on the line of each tunnel of veins or lodes not appearing on the surface, made by either parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid: but prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the lines of said tunnel. Sec. 5. That the miners of each mining district may make rules and 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 the boundaries can be readily traced. All records of the mining-claim hereafter made shall contain the name of the locators, the date of the location, and such 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 passage of this act, and until a patent shall have been issued therefore, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year. On all claims located prior t the passage of this act, ten dollars worth of labor shall be performed or improvements made each year for each one hundred feet in length along the vein until a patent shall have been issued therefore: but where such claims are held in common such expenditure may be made upon any on claim; and upon a failure to comply with these conditions, the claim or mine upon which arch 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 representative, have resumed work upon the claim after such failure and before such location. Upon the failure of any one of several co-owners the contribute his proportion of the expenditures required by this act, the co-owners 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 of publication in the news-paper published nearest the claim, for at least once a week for ninety days, and if the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion to comply with this act, his interest in the claim shall become the property of the co-owners who have made the required expenditures. SEC. 6. That a patent for any land claimed and located for deposits may be obtained in the following manner: Any person, association or corporation authorized to locate a claim under this act, having claimed, and located a piece of land for such purpose, who has, or have, FORTY-SECOND CONGRESS. Sess. II Ch. 149, 152. 1872. 93 complied with the terms of this act, 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 United States surveyor-general, 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 as aforesaid, and shall file a copy of said notice in such land-office, and shall thereupon be entitled to a patent for said 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 news-paper to be by him designated as published nearest to said 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 United States surveyor-general that five hundred dollars' 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 paten. 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 said period of publication. If no adverse claim shall have been filed with the register and the receiver 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 five dollars per acre, and that no adverse claim exists; and thereafter 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 this act. Sec. 7. That where an adverse claim shall be 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 proceedings, 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 judgment; and a failure so to do shall be 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 surveyor-general 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 receiver five dollars per acre for his claim, together the proper fees, whereupon the whole proceedings and the judgment-roll shall be certified by the register to the commissioner of the general land office, and a patent shall issue thereupon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly posses. If it shall appear 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 proper fees, and file the certificate and description by the surveyor-general, whereupon the register shall certify the proceedings Patent for land claimed, &cc., for valuable deposits, how to be obtained Proceedings if adverse claim is filed Judgment of court to be obtained. After judgment, patent to issue to party entitled to possession upon, &cc. Where there are several parties entitled to different portions of claim. Proof of citizen- ship. 1866, ch. 262 Vol. xiv. p. 251 1870, ch. 235. Vol. xiv. p. 217 Alienation of title by patent Description of vein claims on surveyed lands have to designate locations; on unsurveyed lands Repeal of %% 1, 2, 3, 4 & 6, of act of 1866, ch. 262 Vol. xiv, pp. 251, 252. Existing rights not effected Pending appilica- tions and patents heretofore issued. Proceedings to obtain patents under act of 1870, chap. 235, vol. xvi. p. 217, to be had according to this act. Placer-claims upon surveyed lands pending proceedings. Certain agricultural lands may be entered for homestead, &cc., purposes. Proceedings for patent for placer-claim which includes a vein or lode. FORTY-SECOND CONGRESS. Sess. II Ch. 152. 1872. 94 and judgment-roll t the commissioner of the general land office, as preceding case, and patents shall issue to the several parties according to their respective rights. Proof of citizenship under this act, or the acts of July twenty-sixth, eighteen hundred and sixty six, and July ninth , eighteen hundred and seventy, in the case of an individual, may consist of his own affidavit thereof, and in case of an association of persons unincorporated, of the affidavit of their authorized agent, made on his own knowledge or up information and belief, and in case of a corporation organized under the laws of the United States, or of any State or Territory of the Untied States, by the filing of a certified copy of their charter or certificate of incorporation; and nothing herein contained shall be construed to prevent the alienation of the title conveyed by a patent for a mining-claim to any person whatsoever. Sec. 8. That the description of vein or lode claims, upon surveyed lands, shall designate the location of the claim with reference to the lines of the public surveys, but need not conform therewith; but where a patent shall be issued as aforesaid for claims upon unsurveyed lands, the surveyor- general, in extending the surveys, shall adjust the same to the boundaries of such patented claim, according to the plat or description thereof, but so as in no case to interfere with or change the location of any such patented claim. Sec. 9. That sections one, two, three, four, and six of an act entitled "An act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July twenty-sixth, eighteen hundred and sixty-six, are hereby repealed, but such repeal shall not affect existing rights. Applications for patents for mining-claims now pending may be prosecuted to a final decision in the general land office; but in such cases where adverse rights are not affected thereby, patents may issue in pursuance of the provisions of this act; and all patents for mining-claims heretofore issued under the act of July twenty-sixth, eighteen hundred and sixty-six, shall convey all the rights and privileges conferred by this act where no adverse rights exist at the time of the passage of this act. Sec. 10. That the act entitled "An act to amend an act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July ninth, eighteen hundred and seventy, shall be and remain in full force, except as to the proceedings to obtain a patient, which shall be similar to the proceedings prescribed by sections six and seven of this act for obtaining patents to vein or lode claims; but where said placer-claims shall be upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required, and all placer mining-claims hereafter located shall conform as near as practicable with the United States system of public land surveys and the rectangular subdivisions of such surveys, and no such location shall include more than twenty acres for such individual claimant, but where placer-claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands: Provided, That proceedings now pending may be prosecuted to their final determination under the existing laws; but the provisions of this act, when not in conflict with existing laws, shall apply to such cases. And provided also, That where by the segregation of mineral land in any legal subdivision a quantity of agricultural land less than forty acres remains, said fractional portion of agricultural land may be entered by any party qualified by law, for homestead or pre-emption purposes. Sec. 11. That 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 statement that it includes such vein or lode, and in such case (subject to the provisions of this act entitled "An act to amend an act granting the right of way to ditch and canal owners over the public lands, and for other purposes." FORTY-SECOND CONGRESS. Sess. II Ch. 152. 1872. 95 approved July ninth, eighteen hundred and seventy) a patent shall issue for the placer-claim, including such vein or lode, upon the payment of five dollars per acre such vein or lode claim, and twenty-five feet of surface on each side thereof. The reminder of the placer-claim, or any placer-claim not embracing any vein or lode claim, shall be paid for at the rate of two dollars and fifty cents per acre, together with all costs of proceedings; and where a vein or lode, such as is described in the second section of this act, 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. Sec. 12. That the surveyor-general of the United States may appoint in each land district containing mineral lands as many competent surveyors as shall for appointment to survey mining-claims. The expenses of the survey of vein or lode claims, and the survey and subdivision of placer-claims into quantities than one hundred and sixty acres, together with the cost of publication of notice, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States deputy survey to make the survey. The commissioner of the general land office shall also have power to establish the maximum charges for surveys and publication of notices under this act; and, in case of excessive charges for publication, he may designate any newspaper published in a land district where mines are situated for the publication of mining-notice in such district, and fix the rates to be charged by such paper; and, and to the end that the commissioner may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by said applicant for publication and surveys, together with all fees and money paid the register and the receiver of the land-office, which statement shall be transmitted, with the other papers in the case, to the commissioner of the general land office. The fees of the register and the receiver shall be five dollars each for filing and acting upon each application for patent or adverse claim filed, and they shall be allowed the amount fixed by law for reducing testimony to writing, when done in the land-office, such fees and allowances to be paid by the respective parties; and no other fees shall be charged by them in such cases. Nothing in this act shall be constructed to charge or affect the rights of either party in regard to any property in controversy at the time of the passage of this act, or of the act entitled "An act granting the right of way to ditch and canal owners over the public lands, and for other purpose," approved July twenty-sixth, eighteen hundred and sixty, nor shall this act affect any right acquired under said act; and nothing in this act shall be constructed to repeal, impair, or in any way affect the provisions of the act entitled "An act granting to A. Sutro the right of way, and other privileges to aid in the construction of a draining and exploring tunnel to the Comstock lode, in the State of Nevada," approved July twenty-fifth, eighteen hundred and sixty-six. Sec. 13. That all affidavits required to be to be made under this act, or the act of which it is amendatory, may be verified before any officer authorized to administer oaths within the land-district where the claims may be situated, and all testimony and proofs may be taken any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register and receiver of the land-office. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs may be taken as herein on personal Effect of patent for Placer- claim upon veins, &cc., within its boundaries. Surveyor-general may appoint in each district competent surveyors of mining- claims. Expenses of survey, &cc., of claims, &cc., Commissioner of land office to establish maximum charges, &cc. Applicant to file sworn statement of fees and charges. Fees of register and receiver. Adverse rights not affected by this act . Provisions of 1866, ch. 244, vol. xiv.p 242, not affected hereby. Affidavits under this act, &cc., may be verified and testimony &cc., taken, before whom. Testimony in contests as to character of land, how taken Where veins intersect, &cc., priority of title to govern. Proviso. Where veins unite, oldest location to take Patents for non- mineral lands, not contiguous to lode, but used by mining, &cc., purposes. Limit t amount of such land. Repealing clause. Existing rights not affected. FORTY-SECOND CONGRESS. Sess. II Ch. 152. 1872. 96 notice of at least ten days to the opposing party; or if said party cannot be found, then by publication of at least once a week for thirty days in a newspaper, to be designated by the register of the land-office as published nearest to the location of such land; and the register shall require proof that such notice has been given. Sec. 14. That where two or more veins intersect or cross each other, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersection : Provided, however, That the subsequent location shall have the right of way through said space of intersection for the purposes of the convenient working of the said mine : And provided also, That where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection. Sec. 15. That where non-mineral 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 non-adjacent 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 under this act to veins or lodes : Provided, That no location hereafter made of such non-adjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this act 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. Sec. 16. That all acts and parts of acts inconsistent herewith are hereby repealed: Provided, That nothing contained in this act shall be construed to impair, in any way, rights or interests in mining property acquired under existing laws. Approved, May 10, 1872 Several amendments to this law have been put into effect since it's passage, such as the Mineral Leasing Act of 1920, the Mineral Materials Act of 1947 and the Federal Land Policy and Management Act of 1976, among others. |
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