Section 86
SEC. 86. When the unoccupied land of the public domain, not known to contain valuable mineral deposits, is necessary or convenient for mining or milling purposes, a parcel of such land, not to exceed nine hectares in extent, may be located for such purpose by any person qualified to locate mining claims under the provisions of this Act, and a lease for such land may at any time thereafter be acquired by the locator for the same period of time and subject to the same terms and conditions regarding the payment of rentals and tax as provided in this Act: Provided, That no such location shall be recorded unless the declaration thereof be accompanied by an affidavit made by the locator, or some person on his behalf cognizant of the facts, to the following effect: That the land covered by the claim is necessary or convenient for specific mining or milling purposes, indicated and described therein, and that no valuable mineral deposits are known to exist within such claim: And provided, further, That if at any time after the said lease has been granted mineral deposits should be discovered within said claim and mineral or minerals be extracted and removed therefrom, on all such output the lessee of the claim shall pay to the Government a royalty at the same rate and subject to the same terms and conditions as are provided in this Act.