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

submitted 87 years ago by ch. 201 to r/title-16-CONSERVATION · 481 words · no verdicts yet

in plain englishAI-generated · not legal advice

Since 1939, mining claims in part of Lincoln National Forest let miners use the surface for mining. No permit is needed, but timber cutting must follow national forest rules. The miner can't block other approved land uses that don't conflict with mining.

Starting June 13, 1939, mining locations made under U.S. mining law within a specific area — about 39.376 square miles, in the watershed of the headwaters of the Bonito River, inside the Lincoln National Forest in New Mexico — give the claim holder a right. That area is precisely described in the statute by section, township, and range numbers, in Lincoln County, New Mexico. The right is only 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 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.
the actual law source: uscode.house.gov ↗public domain

On and after June 13, 1939, mining locations made under the United States mining laws upon lands within the watershed of the headwaters of the Bonito River in the Lincoln National Forest within the State of New Mexico, specifically described as those certain pieces or parcels of land situate, lying, and being in the county of Lincoln, State of New Mexico, described as follows:

The east half east half section 12, east half east half section 13, east half northeast quarter section 24, township 10 south, range 10 east, New Mexico principal meridian; southeast quarter section 25, southwest quarter section 26, south half section 27, southeast quarter and south half southwest quarter section 28, southeast quarter section 31, and all of sections 32, 33, 34, 35, and 36, township 9 south, range 11 east, New Mexico principal meridian; all of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 27, 28, and 29, north half section 19, north half and southwest quarter section 24, northwest quarter section 26, north half northeast quarter section 32, and north half north half section 33, township 10 south, range 11 east, New Mexico principal meridian; southwest quarter section 25, south half of fractional section 26, all of fractional section 35, and all of section 36, township 9 south, range 12 east, New Mexico principal meridian; all of section 1, all of fractional section 2, all of fractional section 11, all of section 12, all of section 13, all of fractional section 14, north half of fractional section 23, and north half section 24, township 10 south, range 12 east, New Mexico principal meridian; having an area of approximately thirty-nine and three hundred and seventy-six one-thousandths square miles, shall confer on the locator the right to occupy and use only 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.

Source credit: (June 13, 1939, ch. 201, § 1, 53 Stat. 817.)

history & why it existsrecord from the source credit
  • 1939Enacted · Act of June 13, 1939, ch. 201 · 53 Stat. 817

A history note hasn’t been published yet. The record shows enactment by ch. 201 on 1939-06-13.

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