43 U.S.C. § 1744

Recordation of mining claims

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 43 CasesGoogle Scholar

(a) Filing requirementsThe 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 11 So in original. Probably should be “or”. 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.

The failure to file such instruments as required by subsections (a) and (b) 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, § 314, Oct. 21, 1976, 90 Stat. 2769.)

Notes of Decisions

Cited in 68 cases (5 in the last 5 years), 1979–2026 · leading case: United States v. Locke, 471 U.S. 84 (1985).

Sort: Relevance Newest Treatment

United States v. Locke, 471 U.S. 84 (1985). · cites it 28× “The primary question presented by this appeal is whether the Constitution prevents Congress from providing that holders of unpatented mining claims who fail to comply with the annual filing requirements of the Federal Land Policy and Management Act of 1976 (FLPMA), 43 U. S. C. §…”

Red Top Mercury Mines, Inc. v. United States, 887 F.2d 198 (9th Cir. 1989). · cites it 23× “§§ 701-706 seeking judicial review of the decisions of the Department of the Interior as rendered by the Interior Board of Land Appeals (“IBLA”) in Red Top Mercury Mines, Inc., 96 I.B.L.A. 391 (Apr. 14, 1987). At issue are six unpatented mining claims which the Department of the…”

Silver Buckle Mines, Inc. v. United States, 132 Fed. Cl. 77 (Fed. Cl. 2017). · cites it 10× “2743 , 2769-70 (codified as amended at 43 U.S.C. § 1744 (2012)). Prior to 1993, the BLM required that mining claim holders conduct a minimum level of assessment work on their claims and comply with the FLPMA’s annual filing requirements to continue holding their mining claims.”

Locke v. United States, 573 F. Supp. 472 (D. Nev. 1983). · cites it 16× “The primary issue raised by the parties’ cross-motions for summary judgment is the constitutionality of 43 U.S.C. § 1744 (a) and (c). This statute creates an irrebuttable presumption that mining claims are abandoned if the miner fails to timely file an annual proof of labor…”

Tosco Corp. v. Hodel, 611 F. Supp. 1130 (D. Colo. 1985). · cites it 6× “The Court concluded that Hickel’s “discussion of substantial compliance [was] inapposite to the statutory scheme at issue [in Locke ]” ( 43 U.S.C. § 1744 ). Id. at -, 105 S.Ct. at 1796 .”

Carlisle v. United States, 517 U.S. 416 (1996). · cites it 2× “As we said in a case involving the filing deadline of the Federal Land Policy and Management Act of 1976, 43 U. S. C. § 1744 (1988 ed.): "If 1-day late filings are acceptable, 10-day late filings might be equally acceptable, and so on in a cascade of exceptions that would engulf…”

W. Mining Council v. Watt, 643 F.2d 618 (9th Cir. 1981). · cites it 4× “Procedural Due Process Claim The complaint also contains an allegation that the Secretary has interpreted 43 U.S.C. § 1744 as authorizing the denial of procedural due process.”

Alex Wayne Bolt v. United States of Am., U.S. Dep't of the Interior Bureau of Land Mgmt. Ptarmigan Co., 944 F.2d 603 (9th Cir. 1991). · cites it 4× “Under section 314 of FLPMA, codified at 43 U.S.C. § 1744 , mining claims must be recorded annually with the Bureau of Land Management (“BLM”) “prior to December 31 of each year.”

United States v. Lex, 300 F. Supp. 2d 951 (E.D. Cal. 2003). · cites it 6× “First, under the Federal Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. § 1744 , owners of unpatented claims must record those claims with the Bureau of Land Management (“BLM”) within ninety days of location, and annually thereafter.”

Rogers v. United States, 575 F. Supp. 4 (D. Mont. 1982). · cites it 10× “On October 16, *6 1979, BLM notified Rogers that, according to a federal statute ( 43 U.S.C. § 1744 (1976)), Rogers would have to supply a copy of the official record of the notice of the location.”

Commonwealth Edison Co. v. United States, 271 F.3d 1327 (Fed. Cir. 2001). “2d 64 (1985) (upholding the retroactive application of the filing requirements of the Federal Land Policy and Management Act of 1976 (“FLPMA”), codified at 43 U.S.C. § 1744 , that resulted in the forfeiture of mining claims made before the enactment of the FLPMA); Nat’l R.”

Topaz Beryllium Co. v. United States, 479 F. Supp. 309 (D. Utah 1979). · cites it 7× “Section 314 of the FLPMA, 43 U.S.C. § 1744 , requires mining claimants to file with the BLM both an initial notice of the claim and annual statements showing continued interest in the claim.”

Show all 68 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.