Mining Assessment Work

* 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)