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16 U.S.C. § 482bMount Hood National Forest; mining rights

submitted 92 years ago by ch. 280 to r/title-16-CONSERVATION · 211 words · no verdicts yet

in plain englishAI-generated · not legal advice

Since 1934, mining claims anywhere in Mount Hood National Forest let the miner use the surface for mining. No permit is needed, but timber cutting must follow national forest rules. The miner can't block other approved uses of the land that don't conflict with mining.

Starting May 11, 1934, mining locations made under U.S. mining law anywhere within the Mount Hood National Forest in Oregon give the claim holder the right to occupy and use as much of the surface of the located land as is reasonably necessary for prospecting and mining, including taking the mineral deposits and the timber the mining 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. No use of the surface of the claim or its resources beyond what is reasonably required for mining or 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.
the actual law source: uscode.house.gov ↗public domain

On and after May 11, 1934, mining locations made under the United States mining laws upon lands within the Mount Hood National Forest in the State of Oregon 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 or 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.

Source credit: (May 11, 1934, ch. 280, § 1, 48 Stat. 773.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of May 11, 1934, ch. 280 · 48 Stat. 773

A history note hasn’t been published yet. The record shows enactment by ch. 280 on 1934-05-11.

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