§565. Mining claims; requirements suspended

(1) The provisions of section 2324 of the Revised Statutes of the United States (30 U.S.C. 28), which require that on each mining claim located after May 10, 1872, and until patent has been issued therefor not less than $100 worth of labor shall be performed or improvements made during each year, shall not apply during the period of his service, or until six months after the termination of such service, or during any period of hospitalization because of wounds or disability incurred in line of duty, to claims or interests in claims which are owned by a person in military service and which have been regularly located and recorded. No mining claim or any interest in a claim which is owned by such a person and which has been regularly located and recorded shall be subject to forfeiture by nonperformance of the annual assessments during the period of such military service, or until six months after the termination of such service or of such hospitalization.

(2) In order to obtain the benefits of this section, the claimant of any mining location shall, before the expiration of the assessment year during which he enters military service, file or cause to be filed in the office where the location notice or certificate is recorded a notice that he has entered such service and that he desires to hold his mining claim under this section.

(Oct. 17, 1940, ch. 888, art. V, §505, 54 Stat. 1188 ; Pub. L. 102–12, §9(20), Mar. 18, 1991, 105 Stat. 41 .)

Amendments

1991-Par. (1). Pub. L. 102–12 inserted "(30 U.S.C. 28)" after "section 2324 of the Revised Statutes of the United States".

Section Referred to in Other Sections

This section is referred to in sections 567, 572 of this Appendix; title 5 section 5569.