16 U.S.C. § 482a — Mining rights in Prescott National Forest

submitted 93 years ago by ch. 12 to r/title-16-CONSERVATION · 522 words · no verdicts yet

in plain englishAI-generated · not legal advice

Since 1933, miners with claims in part of Prescott National Forest can use the surface for mining. They don't need a permit, but must follow forest timber-cutting rules and can't block other approved uses. Mining patents issued there give the miner mineral rights and needed timber, but the U.S. keeps the surface.

Starting January 19, 1933, mining locations made under U.S. mining law within a specific area of about 3,600 acres, in the Prescott municipal watershed inside the Prescott National Forest in Arizona, give the claim holder a right. That area is precisely described in the statute by section, township, and range numbers, in Gila and Salt River base and meridian. The right is to occupy and use as much of the surface of the located land as is reasonably necessary to carry on prospecting and mining, including taking the mineral deposits and the timber required for the mining operations. 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. No use of the surface of the claim or its resources beyond what is reasonably required for mining and prospecting is allowed, except under national forest rules and regulations. The locator cannot prevent or obstruct other occupancy of the surface, or other use of surface resources, that is authorized under national forest regulations or permits, as long as that use doesn't conflict with mineral development. Starting the same date, all patents (final title documents) issued under U.S. mining law affecting land within this watershed convey title to the mineral deposits within the claim, plus the right to cut and remove enough of the mature timber to extract and remove the minerals — but only if the timber is cut under sound forest-management principles as defined by national forest rules and regulations. Even so, each patent reserves to the United States all title to the surface of the land and its products. No use of the surface or its resources beyond what is reasonably required for mining or prospecting is allowed, except under Department of Agriculture rules and regulations. Valid mining claims within this watershed that already existed on January 19, 1933, and that have kept following the law under which they were started and the laws of Arizona, may be perfected either under this section or under the law they were originally started under, whichever the claimant prefers.

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

On and after January 19, 1933, mining locations made under the United States mining laws upon lands within the municipal watershed of the city of Prescott, within the Prescott National Forest in the State of Arizona, specifically described as the west half southwest quarter section 13; south half section 14; southeast quarter, and east half southwest quarter section 15; east half, and south half southwest quarter section 22; all of section 23; west half section 24; all of sections 26 and 27; north half north half section 34; and north half north half section 35, township 13 north, range 2 west, Gila and Salt River Base and meridian, an area of three thousand six hundred acres, more or less, 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 and mining, including the taking of mineral deposits and timber required by or in the mining 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, 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, nor shall the locator prevent or obstruct other occupancy of the surface or use of surface resources under authority of national-forest regulations, or permits issued thereunder, if such occupancy or use is not in conflict with mineral development.

On and after January 19, 1933, all patents issued under the United States mining laws affecting lands within the municipal watershed of the city of Prescott, within the Prescott National Forest, in the State of Arizona, shall convey title to the mineral deposits within the claim, together with the right to cut and remove so much of the mature timber therefrom as may be needed in extracting and removing the mineral deposits, if the timber is cut under sound principles of forest management as defined by the national-forest rules and regulations, but each patent shall reserve to the United States all title in or to the surface of the lands and products thereof, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining or prospecting shall be allowed except under the rules and regulations of the Department of Agriculture.

Valid mining claims within the municipal watershed of the city of Prescott, within the Prescott National Forest in the State of Arizona, existing on January 19, 1933, and thereafter maintained in compliance with the law under which they were initiated and the laws of the State of Arizona, may be perfected under this section, or under the laws under which they were initiated, as the claimant may desire.

Source credit: (Jan. 19, 1933, ch. 12, §§ 1–3, 47 Stat. 771.)

history & why it existsrecord from the source credit

1933Enacted · Act of Jan. 19, 1933, ch. 12 · 47 Stat. 771

A history note hasn’t been published yet. The record shows enactment by ch. 12 on 1933-01-19.

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