30 U.S.C. § 22
Section 22 · Lands open to purchase by citizens
Applied in 198 court decisions — leading case United States v. Locke (1985)
Most recently applied in Earthworks v. DOI (June 2024)
Applied most in the Ninth Circuit Circuit (51 decisions)
Cases citing this section usually also cite 30 U.S.C. § 26 · 5 U.S.C. § 706 · 30 U.S.C. § 611
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Except as otherwise provided, all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, shall be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Codification
R.S. §2319 derived from act May 10, 1872, ch. 152, §1, 17 Stat. 91.
Words “Except as otherwise provided,” were editorially supplied on authority of act Feb. 25, 1920, ch. 85, 41 Stat. 437, popularly known as the Mineral Lands Leasing Act, which is classified to chapter 3A (§181 et seq.) of this title.
Short Title
Sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 43, and 47 of this title are based on sections of the Revised Statutes which are derived from act May 10, 1872, ch. 152, 17 Stat. 91, popularly known as the “General Mining Act of 1872”.
Cross References
Acquisition of mining lands within National Park System by Secretary of the Interior, see section 1911 of Title 16, Conservation.
Disposition to citizens of the United States of deposits of coal, phosphate sodium, oil, oil shale or gas and lands containing such deposits, see section 181 et seq. of this title.
Kansas and Missouri mineral deposits, see section 49 of this title.
Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title.
Preservation and management of National Park System mining areas, see section 1902 of Title 16, Conservation.