
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 43USC1744]

 
                         TITLE 43--PUBLIC LANDS
 
             CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
 
                     SUBCHAPTER III--ADMINISTRATION
 
Sec. 1744. Recordation of mining claims


(a) Filing requirements

    The owner of an unpatented lode or placer mining claim located prior 
to October 21, 1976, shall, within the three-year period following 
October 21, 1976 and prior to December 31 of each year thereafter, file 
the instruments required by paragraphs (1) and (2) of this subsection. 
The owner of an unpatented lode or placer mining claim located after 
October 21, 1976 shall, prior to December 31 of each year following the 
calendar year in which the said claim was located, file the instruments 
required by paragraphs (1) and (2) of this subsection:
    (1) File for record in the office where the location notice or 
certificate is recorded either a notice of intention to hold the mining 
claim (including but not limited to such notices as are provided by law 
to be filed when there has been a suspension or deferment of annual 
assessment work), an affidavit of assessment work performed thereon, on 
a detailed report provided by section 28-1 of title 30, relating 
thereto.
    (2) File in the office of the Bureau designated by the Secretary a 
copy of the official record of the instrument filed or recorded pursuant 
to paragraph (1) of this subsection, including a description of the 
location of the mining claim sufficient to locate the claimed lands on 
the ground.

(b) Additional filing requirements

    The owner of an unpatented lode or placer mining claim or mill or 
tunnel site located prior to October 21, 1976 shall, within the three-
year period following October 21, 1976, file in the office of the Bureau 
designated by the Secretary a copy of the official record of the notice 
of location or certificate of location, including a description of the 
location of the mining claim or mill or tunnel site sufficient to locate 
the claimed lands on the ground. The owner of an unpatented lode or 
placer mining claim or mill or tunnel site located after October 21, 
1976 shall, within ninety days after the date of location of such claim, 
file in the office of the Bureau designated by the Secretary a copy of 
the official record of the notice of location or certificate of 
location, including a description of the location of the mining claim or 
mill or tunnel site sufficient to locate the claimed lands on the 
ground.

(c) Failure to file as constituting abandonment; defective or untimely 
        filing

    The failure to file such instruments as required by subsections (a) 
and (b) of this section shall be deemed conclusively to constitute an 
abandonment of the mining claim or mill or tunnel site by the owner; but 
it shall not be considered a failure to file if the instrument is 
defective or not timely filed for record under other Federal laws 
permitting filing or recording thereof, or if the instrument is filed 
for record by or on behalf of some but not all of the owners of the 
mining claim or mill or tunnel site.

(d) Validity of claims, waiver of assessment, etc., as unaffected

    Such recordation or application by itself shall not render valid any 
claim which would not be otherwise valid under applicable law. Nothing 
in this section shall be construed as a waiver of the assessment and 
other requirements of such law.

(Pub. L. 94-579, title III, Sec. 314, Oct. 21, 1976, 90 Stat. 2769.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1621, 1732 of this title; 
title 30 sections 28f, 28j, 188, 242.
