76
STAT.]
PUBLIC LAW 87-851-OCT. 23, 1962
1127
Public Law 87-851 AN ACT
October 23, 1962
To provide relief for residential occupants of unpatented mining claims upon which valuable improvements have been placed, and for other purposes.
[S. 3451]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary occupants of of the Interior may convey to any occupant of an unpatented mining ""J'^g"'*'^ mining claim which is determined by the Secretary to be invalid an interest, Land*conveyup to and including a fee simple, in and to an area within the claim of ances. 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 right 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 2 of this Act, who applies therefor within five years from the date of this Act and upon payment of an amount established in accordance with section 5 of this Act. As used in this section, the term "qualified officer of the United "Qualified States" means the Secretary of the Interior or an employee of the ^^^^V, °^ * ^
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. SEC. 2. For the purposes of this Act a qualified applicant is a resi- "Qualified dential occupant-owner, as of the date of enactment of this Act, of ^PPI^^^^"" valuable improvements in an unpatented mining claim which constitute for him a principal place of residence and which he and his predecessors in interest were in possession of for not less than seven years prior to July 23, 1962. SEC. 8. Where the lands for which application is made under section 1 of this Act have been withdrawn in aid of a function of a Federal department or agency other than the Department of the Interior, or of a State, county, municipality, water district, or other local governmental subdivision or agency, the Secretary of the Interior may convey an interest therein only with the consent of the head of the governmental unit concerned and under such terms and conditions as said head may deem necessary. SEC. 4. (a) If the Secretary of the Interior determines that convey- Purchase of ance of an interest under section 1 of this Act is otherwise justified substitute lands, but the consent required by section 3 of this Act is not given, he may, in accordance with such procedural rules and regulations as he may prescribe, grant the applicant a right to purchase, for residential use, an interest in another tract of land, five acres or less in area, from tracts made available by him for sale under this Act (1) from the unappropriated and unreserved lands of the United States, or (2) from lands subject to classification under section 7 of the Taylor Grazing Act (48 Stat. 1272), as amended (43 U.S.C. 315f). Said right 49 Stat. 1976. shall not be granted until arrangements satisfactory to the Secretary have been made for termination of the applicant's occupancy of his unpatented mining claim and for settlement of any liability for the unauthorized use thereof which may have been incurred and shall expire five years from the date on which it was granted unless sooner exercised. The amount to be paid for the interest shall be determined in accordance with section 5 of this Act.
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