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

submitted 86 years ago by ch. 59 to r/title-16-CONSERVATION · 278 words · no verdicts yet

in plain englishAI-generated · not legal advice

Since 1940, mining claims near the Catalina Highway in Coronado National Forest get limited surface rights. Locators can only use the surface for prospecting and mining, not for timber or other resources. Patents there convey only the minerals, and existing 1940 claims can still be finalized.

Starting March 15, 1940, mining locations made under U.S. mining law within 400 feet of the center line of the Catalina Highway in the Coronado National Forest, Arizona — a highway that runs about 25 miles north from near the forest's south boundary to Soldier Camp — give the locator no right to the surface beyond a narrow one. The locator may occupy and use, under rules governing the Coronado National Forest, only as much of the surface as is reasonably necessary for prospecting and mining. The locator may not take any resource other than the mineral deposits, and may not occupy the land for any purpose other than prospecting and mining. Each patent issued afterward under U.S. mining law for a claim located within that 400-foot strip conveys title only to the mineral deposits, plus the right — subject to national forest rules and regulations — to occupy and use the surface only for prospecting and mining. Valid mining claims within this strip that already existed on March 15, 1940, and that have kept following the law under which they were started and the laws of Arizona, may be perfected in accordance with the law they were originally started under.
the actual law source: uscode.house.gov ↗public domain

On and after March 15, 1940, mining locations made under the mining laws of the United States upon lands within four hundred feet of the center line of the Catalina Highway, Coronado National Forest, Arizona, which highway begins at the south boundary of said national forest near the southeast corner of section 7, township 13 south, range 16 east, Gila and Salt River base and meridian, and runs in a general northerly direction for a distance of about twenty-five miles to Soldier Camp, shall confer on the locator no right to the surface of the land described in his location other than the right to occupy and use, under the rules and regulations relating to the administration of the Coronado National Forest, so much thereof as may be reasonably necessary to carry on prospecting and mining, and shall not authorize the taking of any resource other than the mineral deposits, or the occupancy of said land for any purpose other than prospecting and mining; and each patent issued thereafter under the United States mining laws upon a mineral location made upon lands within four hundred feet of said center line shall convey title only to the mineral deposits within said land and the right, subject to rules and regulations relating to the national forests, to occupy and use the surface of the land for prospecting and mining only: Provided, That valid mining claims within said lands existing on March 15, 1940, and thereafter maintained in compliance with the laws under which they were initiated and the laws of the State of Arizona may be perfected in accordance with the laws under which they were initiated.

Source credit: (Mar. 15, 1940, ch. 59, 54 Stat. 52.)

history & why it existsrecord from the source credit
  • 1940Enacted · Act of Mar. 15, 1940, ch. 59 · 54 Stat. 52

A history note hasn’t been published yet. The record shows enactment by ch. 59 on 1940-03-15.

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