
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 30USC39]

 
                   TITLE 30--MINERAL LANDS AND MINING
 
           CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL
 
Sec. 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, 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; 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.

(R.S. Sec. 2334; Mar. 3, 1925, ch. 462, 43 Stat. 1144, 1145; 1946 Reorg. 
Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

                       References in Text

    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, referred to in text, were 
in the original ``this chapter'', meaning chapter 6 of title 32 of the 
Revised Statutes, consisting of R.S. Secs. 2318 to 2352.

                          Codification

    R.S. Sec. 2334 derived from act May 10, 1872, ch. 152, Sec. 12, 17 
Stat. 95.


                               Amendments

    1925--Act Mar. 3, 1925, affected words in first sentence of text, 
now reading ``The United States supervisor of surveys,'' and words in 
third sentence of text, now reading ``money paid the register of the 
Land Office.'' Such words formerly read ``the surveyor-general of the 
United States,'' and ``and money paid the register and the receiver of 
the land-office.'' Such act is treated more fully in note under section 
29 of this title.

                          Transfer of Functions

    Director of the Bureau of Land Management substituted for United 
States Supervisor of Surveys in sentence beginning ``The Director of the 
Bureau of Land Management may appoint''. In the establishment of the 
Bureau of Land Management by Reorg. Plan No. 3 of 1946, Sec. 403, eff. 
July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to 
Title 5, Government Organization and Employees, the office of Supervisor 
of Surveys was abolished and the functions and powers were transferred 
to the Secretary of the Interior, to be performed by such officers or 
agencies of the Department as might be designated by the Secretary. 
Under that authority, the functions and powers formerly exercised by the 
Supervisor of Surveys were delegated to the Chief Cadastral Engineer, 
subject to the supervision of the Director of the Bureau of Land 
Management. In the general reorganization and realignment of functions 
of the Bureau, the office of the Chief Cadastral Engineer was abolished, 
and the functions of that office have been delegated to the Director of 
the Bureau of Land Management. See 43 C.F.R. Sec. 9180.0-3(a)(1).
    In sentence beginning ``The Director of the Bureau of Land 
Management shall also have power'', ``Director of the Bureau of Land 
Management'' substituted for ``Commissioner of the General Land Office'' 
in two instances and ``Director'' for ``Commissioner'' on authority of 
Reorg. Plan No. 3 of 1946, Sec. 403, set out in the Appendix to Title 5. 
Section 403 of Reorg. Plan No. 3 of 1946, abolished the office of the 
Commissioner of the General Land Office and consolidated the functions 
of the General Land Office with the Grazing Service to form the Bureau 
of Land Management.
    Office of register of district land office abolished and all 
functions of register transferred to Secretary of the Interior, or to 
officers and agencies of Department of the Interior as Secretary may 
designate, by Reorg. Plan No. 3 of 1946, Sec. 403, set out in the 
Appendix to Title 5.
    See also note set out under section 1 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 24, 29, 33, 37, 38, 40, 42, 
46, 47, 48, 49, 102, 541b of this title; title 16 section 460mm-1; title 
25 section 640d-10; title 43 sections 1712, 1714, 1732.
