FSM-Mining claims, 2810-2817 Options

[CP]

The following are pieces of the manual which pertain to prospecting and mining/claims.

FSM2810-Authority

2810.1 - Authority.  In addition to the laws, regulations, and
cooperative agreements listed in FSM 2801, the following
authorities bear directly on the administration of mining claims
on National Forest Lands:

    1.  A May 18, 1957, agreement with the Bureau of Land
Management concerning work procedures for land applications or
mining claims (including patents).

    2.  Title 43 Code of Federal Regulations, Part 3000, Minerals
Management.

    3.  Title 43 Code of Federal Regulations, Part 1800, Public
Administrative Procedures.

    4.  Title 36 Code of Federal Regulations, Part 228, Subpart A
- Locatable Minerals.

2810.4 - Responsibility

2810.41 - Chief.  The Chief shall determine whether or not
decisions of Department of the Interior Administrative Law Judges
on mining claims shall be appealed to the Interior Board of Land
Appeals and/or whether to seek review of mining claim decisions
by the Secretary of the Interior.

2810.42 - Deputy Chief, National Forest System.  The Deputy
Chief, National Forest System, shall advise the Chief on matters
relating to decisions on mining claims by the Department of the
Interior Administrative Law Judges and whether or not to appeal
decisions to the Interior Board of Land Appeals and/or to seek
review of decisions by the Secretary of the Interior.

2810.43 - Director of Minerals and Geology Management.  The
Director of Minerals and Geology Management shall advise the
Deputy Chief, National Forest System and the Chief and assist
Regional Foresters on matters relating to appeals of decision of
the Department of the Interior Administrative Law Judges to the
Interior Board of Land Appeals and/or seeking review of mining
claim decision by the Secretary of the Interior.

2810.44 - Regional Foresters.  Regional Foresters shall forward
to the Director, Minerals and Geology Management,
recommendations, background materials, and rationale on matters
that merit appeals of decisions of Department of the Interior
Administrative Law Judges to the Interior Board of Land Appeals
and/or on matters meriting review by the Secretary of the
Interior.

FSM2811-Basic Elements Of General Mining Laws

2811 - BASIC ELEMENTS OF GENERAL MINING LAWS

2811.1 - Lands Open to Mineral Entry.  All National Forest System
lands which (1) were formerly public domain lands subject to
location and entry under the U.S. mining laws, (2) have not been
appropriated, withdrawn, or segregated from location and entry,
and (3) have been or may be shown to be mineral lands, are open
to prospecting for locatable, or hardrock, minerals (16 U.S.C.
482).

In prospecting, locating, and developing the mineral resources,
all persons must comply with the rules and regulations covering
the National Forests (16 U.S.C. 478).

2811.2 - Locatable Minerals.  In general, the locatable minerals
are those hardrock minerals which are mined and processed for the
recovery of metals.  They also may include certain nonmetallic
minerals and uncommon varieties of mineral materials, such as
valuable and distinctive deposits of limestone or silica.

Locatable minerals may include any solid, natural inorganic
substance occurring in the crust of the earth, except for the
common varieties of mineral materials and leasable minerals. 
Mineral materials include sand, stone, gravel, pumicite, cinders,
pumice (except that occurring in pieces over 2 inches on a side),
clay, and petrified wood.  Leasable minerals are coal, oil, gas,
phosphate, sodium, potassium, oil shale, sulphur (in Louisiana
and New Mexico), and geothermal steam.

2811.3 - Types of Mining Claims

2811.31 - Lode Claims.  Lode claims may be located only for veins
or lodes or other rock in place, bearing metallic or certain
other valuable deposits.  Lode claims may not exceed 1,500 feet
in length along the vein or lode and may not be more than 300
feet on each side of the middle of the vein at the surface.  No
mining regulation shall limit a claim to less than 25 feet on
each side of the middle of the vein at the surface.  The endlines
of each claim shall be parallel (30 U.S.C. 23).

2811.32 - Placer Claims.  Placer claims may be located only for
valuable minerals that occur in other than vein or lode form,
such as the gold contained in gravels and deposits or uncommon
varieties of mineral materials.  No placer claim shall include
more than 20 acres for each individual claimant or up to a
maximum of 160 acres for an association of eight locators. 
Placer claims shall conform to legal subdivisions when located on
surveyed lands, unless the claim cannot be conformed to legal
subdivisions, in which case a survey or plat is required, as in a
gulch of shoestring placer (Snow Flake Fraction, 37 L.D. 250),
with a metes-and-bounds description (30 U.S.C. 35, 36).

2811.33 - Millsite Claims.  A millsite claim may not exceed 5
acres and must be described by metes-and-bounds or by legal
subdivisions.  When nonmineral land not contiguous to a vein or
lode is used or occupied by the proprietor of the vein or lode
for mining or milling purposes, the nonadjacent surface ground
may be included in an application for patent for such vein or
lode (30 U.S.C. 42(a)).

Where nonmineral land is needed and used, or occupied by a
proprietor of a placer claim for mining, milling, processing,
beneficiation, or other operations in connection with such claim,
the nonmineral land may be included in an application for patent
for the placer claim (30 U.S.C. 42(b)).  The number of millsites
that may be legally located is based specifically on the need for
mining or milling purposes, irrespective of the types or numbers
of mining claims involved (30 U.S.C. 42).

2811.34 - Tunnel Site Claims.  A person who excavates a tunnel
acquires for a distance of 3,000 feet from the face of the tunnel
in a straight line and limited to the width of the tunnel, the
right of possession of all veins or lodes not previously known to
exist and discovered in the tunnel.  After discovery, the owner
may locate a lode claim on the surface extending 1,500 feet along
the lode (Enterprise Mining Co., v. Rico-Aspen Consol. Mining
Co., 167 U.S. 108).  No rights are initiated to a vein until a
lode location is properly marked on the ground.  Failure to
prosecute the work on the tunnel for 6 months is an abandonment
of the right to all undiscovered veins on the line of such tunnel
(30 U.S.C. 27).

2811.4 - Qualifications of Locators

Citizens of the United States, or those who have declared their
intention to become such, including minors who have reached the
age of discretion and corporations organized under the laws of
any State, may make mining locations.  Agents may make locations
for qualified locators.  (30 U.S.C. 22; 43 CFR 3832.1.)

2811.5 - Requirements for Valid Mining Claim.  The general mining
laws impose certain obligations on a claimant who wishes to take
advantage of the privileges those laws provide.  A claimant must:

    1.  Discover a valuable deposit (FSM 2815.1, item 1) of a
locatable mineral in federally owned public domain land open to
the operation of the mining laws.  Satisfaction of other
requirements of the 1872 act does not make a claim valid absent a
discovery of a valuable deposit.

    2.  Locate a claim on the valuable deposit.

    3.  Identify and monument the claim in the manner required by
State law.

    4.  File in the appropriate office of the Bureau of Land
Management a copy of the official record of the notice of
location or certificate of location, including a description of
the location of the mining claim or mill or tunnel site
sufficient to locate the claimed lands on the ground.  The copy
must be filed within 90 days after the date of location of the
claim(s).

    5.  Perform annual assessment work or annual labor worth at
least $100 on, or for the benefit of, the claim.

    6.  File a copy of an affidavit of assessment work or notice
of intent to hold in the county office where the location notice
or certificate is recorded.     7.  File in the appropriate office
of the Bureau of Land Management a copy of the affidavit of
assessment work or notice of intent to hold.  The copy must be
filed by December 30 of each year following the calendar year
in which the claim was located.

With the fulfillment of these requirements, a claimant obtains a
valid mining claim.  So long as such conditions continue to
exist, the claimant is entitled to possession of the claim for
mining purposes.  It is optional with the claimant whether to
apply for patent.  Patent procedures and requirements, are
described in FSM 2815.

The term "valid claim" often is used in a loose and incorrect
sense to indicate only that the ritualistic requirements of
posting of notice, monumentation, discovery work, recording,
annual assessment work, payment of taxes, etc., have been met. 
This overlooks the basic requirement that the claimant must
discover a valuable mineral deposit.  Generally, a valid claim is
a claim that may be patented.

Although the statues require the discovery of a valuable mineral
deposit prior to the location of a claim, the courts and the
Department of Interior have recognized a right of possession, in
the absence of the discovery required by statute, if the claimant
is diligently prospecting.  The Forest Service recognizes this
principle, and in keeping with the policy of encouraging bona
fide prospecting and mining, will not discourage or unduly hamper
these activities.  Rather, the Forest Service should aid the
legitimate activities of a prospector making bona fide efforts to
obtain a discovery on a good prospect.  On the other hand, the
Forest Service should oppose attempts by prospectors to build
permanent structures, cut timber, build or maintain roads, unless
authorized by special use permit or approved operating plan.

A mining claim may lack the elements of validity and be invalid
in fact, but it must be recognized as a claim until it has been
finally declared invalid by the Department of the Interior or
Federal courts.

A claim unsupported by a discovery of a valuable mineral deposit
is invalid from the time of location, and the only rights the
claimant has are those belonging to anyone to enter and prospect
on National Forest lands.

2811.6 - Abandonment of Mining Claim.  Abandonment of a mining
claim may be made by a formal relinquishment of the claim by the
owner, informally as a statement to that effect to others,
failure to record the mining claim, or failure to file the notice
of assessment work or notice of intention to hold a mining claim
by December 30 of each year in accordance with Bureau Land
Management regulation (43 CFR 3833).

FSM2812 - PROVISIONS OF 1955 MULTIPLE-USE MINING ACT.

2812 - PROVISIONS OF 1955 MULTIPLE-USE MINING ACT.  This act (69
Stat. 367; 30 U.S.C. 601, 603, 611-615) amended the United States
mining laws in several respects.  The act provides that common
varieties of mineral materials shall not be deemed valuable
mineral deposits for purposes of establishing a mining claim.

The act also provides that:

    1.  (a) Mining claims located subsequent to the act shall not
be used, prior to patent, for purposes other than prospecting,
mining, or processing and uses reasonably incident thereto;
(b)Mining claims located subsequent to the act are (prior to
issuance of patent) subject to the right of the United States to
manage and dispose of vegetative surface resources, and to the
right of the United States, its permittees and licensees to use
so much of the surface for such purposes or for access to
adjacent land.  Such other activities shall not endanger or
materially interfere with prospecting, mining, and mineral
processing; ©Prior to patent, a claimant may not remove or use
vegetative or other surface resources except to the extent
required for prospecting, mining, or processing operation, or
uses reasonably incident thereto (30 U.S.C. 612).

    2.  The Forest Service, in cooperation with the Secretary of
the Interior, or such officer as the Secretary of the Interior
may designate, is responsible for determining the existence and
status for unpatented mining claims.  The act provides procedures
by which a claim located before July 23, 1955, may become subject
to the restrictions set forth in item 1 (30 U.S.C. 613).

    3.  The owner(s) of any unpatented mining claim located prior
to the act may waive and relinquish all rights thereunder which
are contrary to limitations in item 1 (30 U.S.C. 614).

    4.  The act may not be construed as restricting any existing
rights on any valid mining claim located prior to the act, except
as a result of proceedings pursuant to 30 U.S.C. 613, or as a
result of a waiver pursuant to 30 U.S.C. 614 (30 U.S.C. 615).

FSM2813 - RIGHTS AND OBLIGATIONS OF CLAIMANTS

2813 - RIGHTS AND OBLIGATIONS OF CLAIMANTS

2813.1 - Rights of Claimants.  By location and entry, in
compliance with the 1872 act, a claimant acquires certain rights
against other citizens and against the United States.

2813.11 - Rights of Possession Against Other Citizens (Third
Parties).  A valid mining claim creates a possessory interest in
the land, which may be bartered, sold, mortgaged, or transferred
by law, in whole or in part, as any other real property.  A
locator acquires rights against other possible (peaceable)
locators when the locator has complied with the applicable
Federal and State laws.  Where more than one locator is involved
on the same land, Forest Service actions should be impartial to
all known locators of that land, as the controversy is the
responsibility of the locators, not the Forest Service, to
settle.

Fee simple title to a mining claim passes only with issuance of
patent and, when patent is limited by some special provision of
law, only to the extent provided in that law (FSM 2815).

2813.12 - Rights to Minerals (Against United States).  The
claimant has the right to see or otherwise dispose of all
locatable minerals, including uncommon varieties of mineral
materials, on which the claimant has a valid claim.  Rights to
common variety mineral materials depend upon the status of the
claim on July 23, 1955, and on subsequent actions taken under 30
U.S.C. 613.

    1.  For claims which are verified as being valid prior to
July 23, 1955, the claimant may dispose of common variety mineral
materials for which marketability had been established as of July
23, 1955.

    2.  For claims located after July 23, 1955, or otherwise made
subject to 30 U.S.C. 612, the claimant may not sell or otherwise
dispose of common varieties but may use them for mining purposes
on the claim from which they are obtained.

2813.13 - Surface Rights.  Surface rights depend to some degree
on the status of the claim on July 23, 1955, and on subsequent
actions under 30 U.S.C. 613-614.

2813.13a - Claims Which Are Verified as Being Valid Prior to July
23, 1955.  Such claims on which rights have not been waived and
which otherwise do not come under the terms of 30 U.S.C. 612,
carry the following rights under the General Mining Laws:

    1.  Right to exclusive possession and occupancy for mining
purposes, including control of the surface.  Permission must be
obtained from the claimant to cross the claim with a road.  The
Forest Service must obtain claimant's permission to harvest
timber from the claim, except for removal of dead or diseased
trees which constitute a menace to the Forest.

    2.  Right to cut timber on the claim to use for mining
purposes and to provide clearance required to conduct mineral
operations.

    3.  Right to remove timber for conversion to lumber to be
used for mining purposes, provided that the same species and
substantially equivalent volume is returned for use on the claim
or group of claims from which it was cut.

    4.  Right to sell or otherwise dispose of timber required to
be cut in conducting actual mining of the mineral deposits or for
clearing for surface facilities needed for mining or processing
of the mineral, provided that the rate of cutting is with equal
pace to the actual mining or need of surface facilities.

    5.  Right to cut timber from a millsite for building milling
or mining facilities on the millsite.

2813.13b - Claims Validated Subsequent to Act of 1955.  Such
claims which otherwise come under 30 U.S.C. 612 carry the same
surface rights as above, except for the following modifications:

    1.  Right to occupancy and use necessary for prospecting,
mining, and processing, but not the exclusive right to the
surface.  Lands containing such claims are subject to the rights
of the United States to manage and dispose of the vegetative
resources, to manage other resources except locatable minerals,
and to the right of the United States, its permittees and
licensees, to use so much of the surface area necessary for such
purposes and for access to adjacent lands.

    2.  Right to cut timber on the claim for mining uses and for
necessary clearing, except that timber cut in the process of
necessary clearing cannot be sold by the claimant.  The United
States has the right to dispose of timber and other vegetative
resources.

    3.  Right to additional timber required for mining purposes,
if timber was removed from the claim by the Forest Service after
claim location.  The quantity and kind of timber to be provided,
free of charge from the nearest available source which is ready
for harvesting, will be substantially equivalent to that
previously removed from the claim.

2813.14 - Right of Access to Claim.  The right of reasonable
access for purposes of prospecting, locating, and mining is
provided by statute.  Such access must be in accordance with the
rules and regulations of the Forest Service.  However, the rules
and regulations may not be applied so as to prevent lawful
mineral activities or to cause undue hardship on bona fide
prospectors and miners.

2813.2 - Obligations.  In order to successfully defend rights to
occupy and use a claim for prospecting and mining, a claimant
must meet the requirements as specified or implied by the mining
laws, in addition to the rules and regulations of the Forest
Service.  These require a claimant:

    1.  Comply with provisions of 36 CFR 228 Subpart A (1872 Act
Use Regulations, FSM 2817).

    2.  Discover a valuable mineral deposit.

    3.  Perform appropriate assessment work.

    4.  Record notice of location and either an affidavit of
assessment work, a notice of intention to hold, or the detailed
report provided by the Act of September 2, 1958 (30 U.S.C. 28-1)
in the appropriate Bureau of Land Management office.

    5.  Comply with applicable laws and regulations of Federal,
State, and local governments.

    6.  Maintain claim corners and boundaries so that the claim
may be found and identified.

    7.  Be prepared to show evidence of mineral discovery.

    8.  Not use the claim for any purposes other than
prospecting, mining, or processing operations and uses reasonably
incident thereto.

In addition, a claimant must recognize the lawful rights of other
users of the National Forest.