* Act of June 21, 1949 (P.L. 81-115, 63 Stat. 214; 30 U.S.C.
28b-e, 54)
Annual Assessment Work on Min-ing Claims; Temporary Defer-ment;
Conditions
Sec. 1. The perfor-mance of not less than $100 worth
of labor or the making of improve-ments aggre-gat-ing such amount,
which labor or improve-ments are required under the provi-sions
of section 2324 of the Revised Statutes of the United States to
be made during each year, may be deferred by the Secretary of
the Interior as to any mining claim or group of claims in the
United States upon the sub-mission by the claimant of evidence
satisfactory to the Sec-retary that such mining claim or group
of claims is surrounded by lands over which a right-of-way for
the perfor-mance of such assessment work has been denied or is
in litiga-tion or is in the process of acquisi-tion under State
law or that other legal impediments exist which affect the right
of the claimant to enter upon the sur-face of such claim or group
of claims or to gain access to the boundaries thereof. (30 U.S.C.
28b)
Length and Termination of Defer-ment
Sec. 2. The period for which said deferment may be granted
shall end when the conditions justifying deferment have been removed:
Provided, That the initial period shall not exceed one year but
may be renewed for a further period of one year if justifiable
conditions exist: Provided further, That the relief available
under this Act is in addition to any relief available un-der any
other Act of Congress with respect to mining claims. (30 U.S.C.
28c)
Performance of Deferred Work
Sec. 3. All deferred assessment work shall be performed
not later than the end of the assessment year next subsequent
to the removal or cessation of the causes for defer-ment or the
expiration of any defer-ments granted under this Act and shall
be in addition to the annual assessment work required by law in
such year. (30 U.S.C. 28d)
Recordation of Deferment
Sec. 4. Claimant shall file or record or cause to be
filed or re-corded in the office where the no-tice or certificate
of location of such claim or group of claims is filed or recorded,
a notice to the public of claimant's petition to the Secretary
of the Interior for deferment under this Act, and of the order
or deci-sion disposing of such petition. (30 U.S.C. 28e)
Liability for Damages
Sec. 5. Notwithstanding the provisions of any Act of
Congress to the contrary, any person who hereafter prospects for,
mines, or removes by strip or open pit mining methods, any minerals
from any land included in a stock raising or other homestead entry
or patent, and who had been liable under such an existing Act
only for damages caused thereby to the crops or im-provements
of the entryman or patentee, shall also be liable for any damage
that may be caused to the value of the land for grazing by such
prospecting for, mining, or removal of minerals. Nothing in this
section shall be considered to impair any vested right in existence
on the effective date of this section. (30 U.S.C. 54)