16 U.S.C. § 482o — Kaibab National Forest; mining rights; protection of scenic values

submitted 75 years ago by ch. 222 to r/title-16-CONSERVATION · 440 words · no verdicts yet

in plain englishAI-generated · not legal advice

Since 1951, mining claims in parts of Kaibab Forest let miners use the surface for mining. This includes prospecting, mining, ore processing, and needed timber, without a permit. Rules come from the Forest Service or, for highway-strip public lands, the Interior Department.

Starting July 12, 1951, mining locations made under U.S. mining law within specific described lands in the Kaibab National Forest, Coconino County, Arizona — set out in the statute by section, township, and range numbers — give the claim holder a right. The same right applies to mining locations on public-domain land within certain other described townships, through which Arizona State Highway 64 runs, covering a strip within 1,000 feet on each side of the highway's center line. The right is to occupy and use as much of the surface of the located land as is reasonably necessary for prospecting, mining, and beneficiation of ores, including taking the mineral deposits and the timber that work requires. No permit is required and no charge is made for this use or occupancy. However, cutting and removing timber — except when clearing is necessary for mining operations or for buildings or structures used in mining — must be done under the rules for timber cutting on the adjoining national forest land, or, for public-domain lands under the Interior Department's jurisdiction, the rules and regulations the Secretary of the Interior issues under sections 482o to 482q of this title. No use of the surface of the claim or its resources beyond what is reasonably required for mining and prospecting is allowed, except under whichever of those two sets of rules applies. The locator cannot prevent or obstruct other occupancy of the surface, or other use of surface resources, that is authorized under those regulations or permits, as long as that use doesn't conflict with mineral development.

the actual law source: uscode.house.gov ↗public domain

On and after July 12, 1951 mining locations made under the mining laws of the United States within the following-described lands within the Kaibab National Forest, Coconino County, Arizona:

Sections 2, 11, 12, 13, 14, 23, and 26, township 22 north, range 2 east;

Sections 1, 12, and 13, township 28 north, range 2 east;

Sections 1, 12, 13, 24, 25, and 36, township 29 north, range 2 east;

Sections 13, 24, 25, and 36, township 30 north, range 2 east;

Section 18, township 30 north, range 3 east;

Sections 12 and 13, township 30 north, range 5 east;

Sections 7, 18, 19, 29, 30, 32, and 33, township 30 north, range 6 east;

Sections 3 and 4, township 29 north, range 6 east, Gila and Salt River Base and meridian; and also those mining locations made under the mining laws of the United States on public domain lands within those particular sections of townships 23 north, 24 north, 25 north, 26 north, 27 north, and 28 north, all in range 2 east, Gila and Salt River Base and meridian, through which there extends Arizona State Highway numbered 64 and a strip of land one thousand feet wide on each side of the center line of the right-of-way thereof; shall confer on the locator the right to occupy and use so much of the surface of the land covered by the location as may be reasonably necessary to carry on prospecting, mining, and beneficiation of ores, including the taking of mineral deposits and timber required by or in the mining and ore-reducing operations, and no permit shall be required or charge made for such use or occupancy: Provided, however, That the cutting and removal of timber, except where clearing is necessary in connection with mining operations or to provide space for buildings or structures used in connection with mining operations, shall be conducted in accordance with the rules for timber cutting on adjoining national-forest land, or rules and regulations issued by the Secretary of the Interior under sections 482o to 482q of this title with respect to public domain lands under his jurisdiction, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining and prospecting shall be allowed except under the national-forest rules and regulations or rules and regulations of the Secretary of the Interior, as the case may be, nor shall the locator prevent or obstruct other occupancy of the surface or use of surface resources under authority of such regulations, or permits issued thereunder, if such occupancy or use is not in conflict with mineral development.

Source credit: (July 12, 1951, ch. 222, § 1, 65 Stat. 118.)

history & why it existsrecord from the source credit

1951Enacted · Act of July 12, 1951, ch. 222 · 65 Stat. 118

A history note hasn’t been published yet. The record shows enactment by ch. 222 on 1951-07-12.

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