State Codes and Statutes

Statutes > Utah > Title-53c > Chapter-02 > 53c-2-104

53C-2-104. Preexisting federal mining claims on trust lands -- Filing of notice --Conclusive evidence of abandonment.
(1) The Legislature recognizes the importance of having an effective state filing systemfor unpatented federal mining claims located on trust lands prior to the state's acquisition of titlethat would allow the state to determine the extent of preexisting unpatented mining claims onthose lands and eliminate the cloud on the state's title created by abandoned unpatented miningclaims, while preserving the rights of owners of valid preexisting unpatented mining claimslocated on those lands.
(2) Annually on or before December 31, each owner of an unpatented lode mining claim,placer mining claim, mill site claim, or tunnel site claim located pursuant to the general mininglaws of the United States on lands now owned of record by the state in trust for the commonschools or other beneficiary institutions shall file with the administration a notice as prescribedby Subsection (3).
(3) (a) The initial notice required by Subsection (2) that is filed by a claimant shallinclude:
(i) a statement of the owner's intention to hold or abandon the claim;
(ii) a brief description of the type and nature of the claim;
(iii) the date the claim was located, and the date the claim was filed of record in countyand federal records;
(iv) a copy of the official record of the notice of location or certificate of location of theclaim; and
(v) a legal description of the claim, by legal subdivision or metes and bounds description,sufficient to locate the claimed lands on the ground.
(b) Each subsequent notice required by Subsection (2) shall include:
(i) the name of the claim; and
(ii) a statement of the owner's intention to hold or abandon the claim.
(4) (a) The administration shall note the existence of all claims for which notices havebeen filed in the central index of all trust lands required under Section 53C-2-101.
(b) The administration may impose a reasonable filing fee as a condition for acceptingthe required notices, not to exceed $50 per claim, to defray the administrative costs ofmaintaining an index of claims.
(5) (a) Failure to file the notice required by this section constitutes an abandonment ofthe claim by the owner.
(b) Filing of the required notice by one owner of a claim in which multiple persons ownor claim interests fulfills the filing requirements of this section.
(6) Filing of a notice under this section does not make valid a claim which is otherwiseinvalid under other applicable law.
(7) Acquisition of rights to extract minerals underlying trust lands is governed by Part 4of this chapter.
(8) This section does not waive any fees, filings, or other requirements imposed byfederal law.

Amended by Chapter 192, 2003 General Session