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16 U.S.C. § 482jSanta Fe National Forest; mining rights; protection of scenic values

submitted 77 years ago by ch. 190 to r/title-16-CONSERVATION · 334 words · no verdicts yet

in plain englishAI-generated · not legal advice

Since 1949, mining claims in part of Santa Fe National Forest let miners use the surface for mining and ore processing. This includes prospecting, mining, ore processing, and needed timber, without a permit. Timber cutting must follow forest rules, and miners can't block other approved land uses.

Starting June 10, 1949, mining locations made under U.S. mining law within a specific described area of the Santa Fe National Forest, near Santa Fe, New Mexico — set out in the statute by section, township, and range numbers, in the New Mexico principal meridian — give the claim holder a right. 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. 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 10, 1949, mining locations made under mining laws of the United States within the following-described lands within the Santa Fe National Forest, Santa Fe, New Mexico: Sections 1, 2, 3, the northeast quarter of section 11 and the north half of section 12, in surveyed township 17 north, range 10 east; sections 12, 13, 14, 15, 16, 36, and that portion of section 25, outside the boundaries of the Gabaldon Grant in surveyed township 18 north, range 10 east; three thousand eight hundred and forty acres, more or less, in unsurveyed township 18 north, range 11 east, expected to be legally described, when surveyed, as sections 7, 8, 18, 19, and 30, the northeast quarter of section 17, the west half of section 17 and the west half of section 20, township 18 north, range 11 east, New Mexico principal meridian, 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, 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 10, 1949, ch. 190, § 1, 63 Stat. 168.)

history & why it existsrecord from the source credit
  • 1949Enacted · Act of June 10, 1949, ch. 190 · 63 Stat. 168

A history note hasn’t been published yet. The record shows enactment by ch. 190 on 1949-06-10.

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