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30 U.S.C. § 701

Section 701 · Authorization to convey; acreage limitations; qualified applicants; payment; qualified officer of the United States defined

Amended 2 times on record

Applied in 5 court decisions — leading case 325 F. Supp. 99 - Sierra Club v. Hardin (1971)

Most recently applied in Sai v. Department of Homeland Security (April 2016)

How often courts cite this section

19621970198019902000201020163087-851enacted · 1962 · 87-851amended · 1967 · 90-111325 F. Supp. 99 - Sierra Club v. Hardinleading · 1971 · 325 F. Supp. 99 - Sierra Club v. Hardin
citing decisions per year

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.

The Secretary of the Interior may convey to any occupant of an unpatented mining claim which is determined by the Secretary to be invalid an interest, up to and including a fee simple, in and to an area within the claim of not more than (a) five acres or (b) the acreage actually occupied by him, whichever is less. The Secretary may make a like conveyance to any occupant of an unpatented mining claim who, after notice from a qualified officer of the United States that the claim is believed to be invalid, relinquishes to the United States all rights in and to such claim which he may have under the mining laws. Any conveyance authorized by this section, however, shall be made only to a qualified applicant, as that term is defined in section 702 of this title, who applies therefor within the period ending June 30, 1971, and upon payment of an amount established in accordance with section 705 of this title.

As used in this section, the term “qualified officer of the United States” means the Secretary of the Interior or an employee of the Department of the Interior so designated by him: Provided, That the Secretary may delegate his authority to designate qualified officers to the head of any other department or agency of the United States with respect to lands within the administrative jurisdiction of that department or agency.

Editorial notes U.S. Code · Office of the Law Revision Counsel

References in Text

The mining laws, referred to in text, are classified generally to this title.

Amendments

1967—Pub. L. 90–111 extended from Oct. 23, 1967, to June 30, 1971, the period in which qualified individuals shall apply for conveyances authorized by this section.

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