---
kind: "range"
citation: "30 U.S.C. §§ 39–42"
title: "30"
from: "39"
to: "42"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/30/39..42"
---

# §39. Surveyors of mining claims


The Director of the Bureau of Land Management may appoint in each land district containing mineral lands as many competent surveyors as shall apply 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 smaller quantities than one hundred and sixty acres, together with the cost of publication of notices, 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 surveyor to make the survey. The Director of the Bureau of Land Management shall also have power to establish the maximum charges for surveys and publication of notices under sections [21](/usc/30/21.md), [22 to 24](/usc/30/22..24.md), [26 to 28](/usc/30/26..28.md), [29](/usc/30/29.md), [30](/usc/30/30.md), [33 to 48](/usc/30/33..48.md), [50 to 52](/usc/30/50..52.md), [71 to 76](/usc/30/71..76.md) of this title and [section 661 of title 43](/usc/43/661.md); 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 notices in such district, and fix the rates to be charged by such paper; and, to the end that the Director may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by such applicant for publication and surveys, together with all fees and money paid the register of the land office, which statement shall be transmitted, with the other papers in the case, to the Director of the Bureau of Land Management.


# §40. Verification of affidavits


All affidavits required to be made under sections [21](/usc/30/21.md), [22 to 24](/usc/30/22..24.md), [26 to 28](/usc/30/26..28.md), [29](/usc/30/29.md), [30](/usc/30/30.md), [33 to 48](/usc/30/33..48.md), [50 to 52](/usc/30/50..52.md), [71 to 76](/usc/30/71..76.md) of this title, and [section 661 of title 43](/usc/43/661.md) 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 before 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 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 provided on personal notice of at least ten days to the opposing party; or if such 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.


# §41. Intersecting or crossing veins


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; but the subsequent location shall have the right-of-way through the space of intersection for the purposes of the convenient working of the mine. And 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.


# §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](/usc/30/21.md), [22 to 24](/usc/30/22..24.md), [26 to 28](/usc/30/26..28.md), [29](/usc/30/29.md), [30](/usc/30/30.md), [33 to 48](/usc/30/33..48.md), [50 to 52](/usc/30/50..52.md), [71 to 76](/usc/30/71..76.md) of this title and [section 661 of title 43](/usc/43/661.md) 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.