2010 US Code
Title 50 - WAR AND NATIONAL DEFENSE
TITLE 50 - APPENDIX-WAR AND NATIONAL DEFENSE
SERVICEMEMBERS CIVIL RELIEF ACT
Sec. 564 - Mining claims

View Metadata
Metadata
Publication TitleUnited States Code, 2006 Edition, Supplement 4, Title 50 - WAR AND NATIONAL DEFENSE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 50 - WAR AND NATIONAL DEFENSE
TITLE 50 - APPENDIX-WAR AND NATIONAL DEFENSE
SERVICEMEMBERS CIVIL RELIEF ACT
ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
TITLE V - TAXES AND PUBLIC LANDS
Sec. 564 - Mining claims
Containssection 564
Date2010
Laws in Effect as of DateJanuary 7, 2011
Positive LawNo
Dispositionstandard
Source CreditOct. 17, 1940, ch. 888, title V, §504, as added Pub. L. 108-189, §1, Dec. 19, 2003, 117 Stat. 2856.
Statutes at Large References54 Stat. 1178, 1187
105 Stat. 40
117 Stat. 2856
Public Law ReferencesPublic Law 102-12, Public Law 108-189


§564. Mining claims (a) Requirements suspended

The provisions of section 2324 of the Revised Statutes of the United States (30 U.S.C. 28) specified in subsection (b) shall not apply to a servicemember's claims or interests in claims, regularly located and recorded, during a period of military service and 180 days thereafter, or during any period of hospitalization or rehabilitation due to injuries or disabilities incurred in the line of duty.

(b) Requirements

The provisions in section 2324 of the Revised Statutes that shall not apply under subsection (a) are those which require that on each mining claim located after May 10, 1872, and until a patent has been issued for such claim, not less than 0 worth of labor shall be performed or improvements made during each year.

(c) Period of protection from forfeiture

A mining claim or an interest in a claim owned by a servicemember that has been regularly located and recorded shall not be subject to forfeiture for nonperformance of annual assessments during the period of military service and for 180 days thereafter, or for any period of hospitalization or rehabilitation described in subsection (a).

(d) Filing requirement

In order to obtain the protections of this section, the claimant of a mining location shall, before the end of the assessment year in which military service is begun or within 60 days after the end of such assessment year, cause to be filed in the office where the location notice or certificate is recorded a notice communicating the fact of military service and the desire to hold the mining claim under this section.

(Oct. 17, 1940, ch. 888, title V, §504, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2856.)

Prior Provisions

A prior section 564, acts Oct. 17, 1940, ch. 888, art. V, §504, 54 Stat. 1187; Pub. L. 102–12, §9(19), Mar. 18, 1991, 105 Stat. 40, related to desert-land entries and the suspension of requirements, prior to the general amendment of this Act by Pub. L. 108–189. See section 563 of this Appendix.

Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.