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Mining
Claims; Requirements Suspended
Section 505
(50 U.S.C.
App. § 565)
(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.
Mineral
Permits and Leases; Suspension of Operations and Term of Permits and
Leases
Section 506
(50 U.S.C.
App. § 566)
(1) Any person holding a permit or lease on the public domain under
the Federal mineral leasing laws who enters military service may, at
his election, suspend all operations under his permit or lease for a
period of time equivalent to the period of his military service and six
months thereafter. The term of the permit or lease shall not run during
such period of suspension nor shall any rentals or royalties be charged
against the permit or lease during the period of suspension.
(2) In order to obtain the benefit of this section, such permittee
or lessee shall, within six months after his entrance into military service,
notify the Bureau of Land Management by registered mail of his entrance
into such service and of his desire to avail himself of the benefits
of this section.
(3) This section shall not be construed to supersede the terms of any
contract for operation of a permit or lease.
Right
to Take Action for Perfection, Defense, etc., of Rights as Unaffected;
Affidavits and Proofs
Section 507
(50 U.S.C.
App. § 567)
Nothing
in this article [App. §§ 560-574] shall be construed
to limit or affect the right of a person in military service to take
any action during his period of service which may be authorized by law
or the regulations of the Department of the Interior for the perfection,
defense, or further assertion of rights initiated or acquired prior to
the date of entering military service. It shall be lawful for any person
while in such service to make any affidavit or submit any proof which
may be required by law or the practice of regulations of the Bureau of
Land Management in connection with the entry, perfection, defense, or
further assertion of any rights initiated or acquired prior to entering
such service, before the officer in immediate command and holding a commission
in the branch of the service in which the person is engaged. Such affidavits
shall be as binding in law and with like penalties as if taken before
an officer designated by the Secretary of the Interior of a United States
land office. The Secretary of the Interior may issue rules and regulations
to effectuate the purposes of section 501 to 512 [App. §§ 561-572].
Irrigation
Rights; Residence Requirements Suspended
Section 508
(50 U.S.C.
App. § 568)
The
Secretary of the Interior is hereby authorized, in his discretion,
to suspend
as
to persons in military service during the period while
this Act remains in force and for a period of six months thereafter or
during any period of hospitalization because of wounds or disability
incurred in line of duty that provision of the act known as the "Reclamation
Act" requiring residence upon lands in private ownership or within
the neighborhood for securing water for the irrigation of the same, and
he is authorized to permit the use of available water thereon upon such
terms and conditions as he may deem proper.
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Above Information Courtesy
of United States Army JAG Corps
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