FSM-Mining claims, 2810-2817 Options

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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.

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FSM2814 - RIGHTS AND OBLIGATIONS OF UNITED STATES

2814 - RIGHTS AND OBLIGATIONS OF UNITED STATES

2814.1 - Rights of United States.  The United States has, through
Congress, the right to control the disposition of resources on
the public lands and to develop all necessary rules and
regulations.  In regard to mining claims on National Forest
System lands, the Forest Service and the Department of the
Interior may exercise the rights discussed in FSM 2814.11 - .16.

2814.11 - Right To Examine Claims for Validity and To Contest If
Appropriate.  The general authority of the Secretary of the
Interior with respect to public lands, is described in Cameron v.
United States, 252 U.S. 450 (1920) where the court said:

By general statutory provisions the execution of the laws
regulating the acquisition of rights in the public lands and the
general care of these lands is confided to the Land Department,
as a special tribunal; and the Secretary of the Interior, as the
head of the Department is charged with seeing that this authority
is rightly exercised to the end that valid claims may be
recognized, invalid ones eliminated, and the rights of the public
preserved . . . (cases cited):

. . . the power of the Department to inquire into the extent and
validity of the rights claimed against the Government does not
cease until the legal title has passed . . . (The Department's)
province is that of determining questions of fact and right under
the Public Land Laws, or recognizing or disapproving claims
according to their merits, and of granting or refusing patents as
the law may give sanction for the one or the other . . .

By interdepartmental agreement (FSM 2810.4), the Forest Service
shares in administering the mining laws on National Forest System
lands.  FSM 2819 describes the Forest Service role and procedures
in validity examinations and contests.

2814.12 - Right To Regulate Prospecting and Mining Activities. 
This right is contained in 16 U.S.C. 551, and exercised in, among
other regulations, 36 CFR 228 Subpart A.

2814.13 - Right To Manage and Dispose of Vegetative Surface
Resources.  The right to manage other resources (except mineral
deposits subject to location under the mining laws) and the
limitations on such rights on claims validated prior to July 23,
1955, are found in FSM 2812 and 2813.

2814.14 - Right To Manage and Dispose of Common Varieties of
Mineral Materials.  Common varieties may be sold and are not
locatable (FSM 2850) except for certain claims established prior
to July 23, 1955 (FSM 2812).  Uncommon varieties are locatable. 
See FSM 2813.12 for more information.  The most troublesome
problem of mineral materials is to determine whether a particular
deposit is common (and salable) or special (and locatable).  This
matter, in case of question, should be referred to the Forest
Service mineral examiner.

2814.15 - Right To Enter and Cross Claims.  The law includes the
right of the United States to manage and protect National Forest
resources.

2814.16 - Right To Authorize Uses by Third Parties.  The United
States has this right, if it will not conflict with prior rights
of a claimant.

2814.2 - Obligations

2814.21 - Respect Claim and Claimant's Property.  The Forest
Service must respect claims and claimants' property by using
precautions to avoid damage to claim corner markers, excavations,
and other mining improvements and equipment.

2814.22 - Allow Mining Claimants To Obtain Timber.  (FSM
2813.13.)

2814.23 - Prevent Violations of Laws and Regulations.  Prevention
of such violations regarding uses of National Forest System lands
and resources includes an obligation to ensure that unauthorized
uses of mining claims are eliminated, including unlawful use of
buildings and other structures and the taking of common varieties
of mineral materials.

2814.24 - Provide Reasonable Alternatives.  Forest officers
should provide bona fide prospectors and miners reasonable
alternative access routes, exploration methods, special use
permits, and operating plan provisions in order that they may
carry out necessary mineral associated activities without
violation of laws and regulations.

FSM2815 - ACQUISITION OF TITLE

2815 - ACQUISITION OF TITLE

2815.01 - Authority.  The 1872 Mining Act (30 U.S.C. 22) is the
authority for the patenting of valid mining claims.  Requirements
and procedures are found in 43 CFR 3860.

2815.04 - Responsibility.  The responsibility for processing
applications and passing title is primarily with the Department
of the Interior.  A USDI-USDA Memorandum of Understanding (FSM
1531.12) provides for the Forest Service to share in that
responsibility regarding patent applications for National Forest
System lands.

2815.05 - Definition.  A patent is a document which conveys title
to land.  When patented a mining claim becomes private property
and is land over which the United States has no property rights,
except as may be reserved in the patent.  After a mining claim is
patented, the owner does not have to comply with requirements of
the General Mining Law or implementing regulations.
2815.1 - Requirements for Claimant.  In order to obtain a patent,
a claimant must:

    1.  Substantiate the claim of a discovery of a valuable
deposit of a locatable mineral on land open to mineral entry. 
The concept of valuable mineral has implications of suitable
quality, sufficient quantity, relative scarcity (contrasted to
common variety materials), recoverability, and marketability. 
The standard ordinarily applied to determine whether a discovery
has been made is the prudent-man test which states:  "Where
minerals have been found and the evidence is of such a character
that a person of ordinary prudence would be justified in the
further expenditure of his labor and means, with a reasonable
prospect of success, in developing a valuable mine, the
requirements of the statute have been met."

    2.  Have a mineral surveyor make a patent survey, adjust
claim boundaries, and correct errors, after which an amended
location should be made.

    3.  Have made at least $500 worth of mineral-related
improvement per claim.

    4.  Make application to the Bureau of Land Management which
will review for adequacy of assertions, title, posting of notice
and other technical requirements.

    5.  Pay the purchase price for the land ($2.50 per acre for a
placer claim and $5 per acre for a lode claim).

2816 - MINING ACTIVITIES IN SPECIAL AREAS

2816 - MINING ACTIVITIES IN SPECIAL AREAS

2816.1 - Wilderness and Primitive Areas.  The National Wilderness
Preservation System was established by the Wilderness Act of 1964
(88 Stat. 163, as amended, 16 U.S.C. 1131-1140).

2816.11 - Rights and Restrictions in Wilderness

    1.  Authority.  Pursuant to Section 4(d)(3) of the Wilderness
Act of September 3, 1964 (16 U.S.C. 1133), and subject to valid
existing rights, the minerals in lands designated as wilderness
were withdrawn from all forms of appropriation under the mining
laws of January 1, 1984.  Subsequent wilderness acts have later
effective dates for withdrawal.

    2.  Administration of Activities.  Claimants may conduct on-
the-ground mining or mining related activities on valid mining
claims in designated wilderness.  However, before authorizing
such activities under a Plan of Operations, the authorized
officer must ensure that the claimant:

        a.  Has complied with the filing for record requirements
        of Section 314(a)(1) and (2) of the Federal Land
        Management Policy Act of 1976.

        b.  Made a discovery of a valuable minerals deposit
        before the date of withdrawal, and thus has a valid
        existing right as of that date.

The authorized officer must schedule an appropriate on-the-ground
validity investigation by a qualified Forest Service mineral
examiner when a claimant/operator files a Notice of Intention to
Operate or Plan of Operations in accordance with 36 CFR 228.4.

In addition, the authorized officer should schedule validity
investigations in response to mineral patent applications, in
cases involving suspected occupancy misuse of mining claims, and
for protection of Federal capital investment (such as
administrative sites, trailheads, and airfields).

In accordance with 36 CFR 228.5(b), the authorized officer may
approve operations for the sole purpose of performing requisite
annual assessment work only when proposed activities will not
cause significant impact to wilderness values and such activities
are not specifically prohibited by the Wilderness Act.  However,
if proposed assessment work will cause significant impact and the
operator is unable or unwilling to propose acceptable
alternatives that will not cause significant impact, the
authorized officer must first determine that a valid claim
existed before the date of withdrawal before approving the
operation.

If assessment work is not the purpose and/or the issue of
validity has not been determined, 36 CFR 228.5(a)(3) provides a
basis for requesting changes in the proposed plan of operations
to include supporting evidence from the claimant/operator that a
claim is valid.  This evidence may include, but is not limited
to, reports by mining engineers or geologists, data regarding
grade and tonnage, production records, and assay reports, and
must be verified by a Forest Service mineral examiner.

2816.12 - National Forest Primitive Areas.  The same basic
management concepts and procedures apply to Primitive Areas as to
Wildernesses, except the patent restrictions do not apply.

2816.2 - National Recreation Areas.  The listed National
Recreation Areas (NRA's) have been established by specific acts
of Congress.  There are certain restrictions concerning 1872
mining law activities for each National Recreation Area.  All the
acts withdraw the minerals in the areas from location, entry, and
patent under the United States mining laws.

            National National Recreation
State        Forest(s)      Area Name          Reference

California  Shasta-  Whiskeytown        PL 89-336 (11/8/65)
            Trinit    Shasta-Trinity      79 Stat. 1295, 16
                                          U.S.C.
                                          460q-460q-9
                                          (See 16 U.S.C. 460q-5)

Idaho      Sawtooth  Sawtooth            PL 92-400 (8/22/72)
                                          86 Stat. 612; 16
                                          U.S.C.
                                          460aa-460aa-14 (See
            National National Recreation
State        Forest(s)      Area Name          Reference

                                          16 U.S.C.
                                          460aa-9-460aa-11)

Oregon and  Wallowa-  Hells              PL 94-199 (12/31/75)
Idaho      Whitman  Canyon              89 Stat. 1117; 16
                                          U.S.C.
            Nezperce  Hells              460gg-460gg-12  (See
            Payette  Canyon              16 U.S.C. 460gg-8)

Siuslaw    Oregon    Dunes              PL 92-260 (3/23/72)
                                          86 Stat. 99;
                                          16 U.S.C.
                                          460z-460z-13 (See 16
                                          U.S.C. 460z-8)

Oregon      Siuslaw  Cascade Head        PL 93-535 (11/22/74)
                      Scenic              88 Stat. 1732;
                      Research            16 U.S.C.
                      Area                541-541h (See 16
                                          U.S.C. 541f)

Utah and    Ashley    Flaming            PL 90-540 (10/1/68)
Wyoming              Gorge              82 Stat. 904;
                                                            16
                                          U.S.C.
                                                            460v-
                                          460v-8 (See 16
                                                           
                                          U.S.C. 460v-4)

2816.3 - Wild and Scenic Rivers.  All prospecting, mining
operations, and all other activities on mining claims which are
not perfected before inclusion of a river in the Wild and Scenic
River System are subject to such regulations as the Secretary of
Agriculture may prescribe to effectuate the purposes of the Wild
and Scenic Rivers Act (16 U.S.C. 1280).

Subject to valid existing rights, the perfection of, or issuance
of patent to, any mining claim affecting lands within the System
shall confer or convey a right or title only to the mineral
deposits and such rights to the use of the surface and the
surface resources as are reasonably required to carrying on
prospecting or mining operations and are consistent with such
regulations as may be prescribed by the Secretary of Agriculture.

The regulations referred to above shall, among other things,
provide safeguards against pollution of the river and unnecessary
impairment of the scenery within the designated area.

Subject to valid existing rights, the minerals in Federal lands
which are part of the System and constitute the bank or bed are
situated within one-quarter mile of the bank of any river
designated as wild and withdrawn from all forms of appropriation
under the mining laws and from operation of the mineral leasing
laws as of October 2, 1968, the date of the Wild and Scenic
Rivers Act, or as of the date of inclusion of a river into the
system.

The minerals in any Federal lands which constitute the bed or
bank or are situated within one-quarter mile of the bank of any
river designated for study as a potential addition to the System
is withdrawn from all forms of appropriation under the mining
laws during the periods specified in 16 U.S.C. 1278(b).  This
does not preclude prospecting in such study area subject to such
conditions as the Secretary of Agriculture finds appropriate to
safeguard the area in the event it is subsequently included in
the System.

2816.4 - Power Site Withdrawals.  Mining Claims Rights
Restoration Act of August 11, 1955 (P.L. 84-359; 69 Stat.  682-
683; 30 U.S.C. 621-625).

    1.  General Provisions of Act.  The Mining Claims Rights
Restoration Act of 1955 provides, with certain restrictions for
mining, developing, and utilizing the mineral resources of all
public lands withdrawn or reserved for power development.  The
Act:

        a.  Requires that a mining locator file a notice of
        location with the appropriate Bureau of Land Management
        office within 60 days after the location is made.

        b.  Suspends placer mining to allow the Secretary of the
        Interior to hold a public hearing and to consider whether
        to permit or prohibit placer mining.

        c.  Provides for public hearings to determine whether
        proposed placer mining operations will substantially
        interfere with other uses of the land.  The Secretary's
        order is based upon the findings from the public
        hearings.  The act also provides for rules and
        regulations to govern bonds and deposits to insure
        restoration of lands involved in permitted placer mining
        operations.

The Bureau of Land Management has 60 days from the filing of a
notice of a placer location to notify the claimant of any
intention to hold a public hearing and thereby further delay
mining activities.

    2.  Cooperative Case Actions.  For claims on National Forest
lands, the Forest Service cooperates with the Bureau of Land
Management in decisions about mining claims.

        a.  Action by State Director (BLM).  Upon receipt of a
        notice of location of a placer or lode mining claim on
        National Forest System lands open for location under the
        Act of August 11, 1955, the State Director, will
        immediately notify the appropriate Regional Forester. 
        The notification will include a copy of the notice of
        location, showing the date it was filed in the Bureau of
        Land Management office, and, if a placer claim, will
        request a report.

        b.  Action by Forest Service.  Upon such notification of
        a placer claim, the Forest Supervisor will promptly
        prepare and submit a report including an environmental
        analysis and recommendations to the Regional Forester. 
        The report will be based upon such field examination or
        other action as deemed necessary.

        The Regional Forester will send a report to the State
        Director containing specific recommendations for or
        against a public hearing and for or against permitting
        the placer operations, setting forth clearly and
        concisely the reasons for the recommendation.

        The Forest Service should be prepared to make a factual
        statement supporting its recommendation at any public
        hearing.  Potential hazards of the proposed placer mining
        operations to other uses of the land, including damages
        from erosion and stream pollution, should be treated
        fully.

        By the memorandum of understanding of April 1957 between
        the Bureau of Land Management and the Forest Service, the
        Forest Service has only 40 days, from the filing of a
        notice of a placer location in the BLM district office,
        to submit its report to the BLM district office manager
        through the State supervisor.

2816.5 - Reclamation Withdrawals.  The Reclamation Act of June
17, 1902, as amended and supplemented (43 U.S.C. 416), provided
for withdrawal from all uses, other than those provided for by
the Act, of lands of two categories:

    1.  Lands possibly needed for the construction of irrigation
works.

    2.  Lands which may possibly be irrigated from such works. 
The withdrawal authority of that act was repealed by the Federal
Land Policy and Management Act of 1976 (Public Law 94-579), sec.
704, 90 Stat. 2743.)  No withdrawal may be made for any purpose
except under the provisions of section 204 of that act.

2816.6 - Municipal Watersheds and Other Special Areas.  See FSM
2806.7 for municipal watersheds and other areas which are
withdrawn or in which restrictions on mining law activities
exist.

2817 - SURFACE MANAGEMENT PROCEDURES UNDER 36 CFR PART 228

2817 - SURFACE MANAGEMENT PROCEDURES UNDER 36 CFR PART 228,
SUBPART A.  The regulations require that operations conducted
under the authority of the mining laws which might cause
significant surface resource disturbance must be covered by an
operating plan approved by an authorized officer of the Forest
Service, generally the District Ranger.  Certain activities of
little impact are specifically exempt from the operating plan
requirement.  Operators who are uncertain that their operations
require an approved plan may submit a notice of intention to
operate.  Based on that notice, a determination is made by the
District Ranger that a plan is or is not required.  All notices
and plans are submitted to the local District Ranger.

2817.01 - Authority.  The basic authority for Forest Service
management of the surface resources on mining claims is 16 U.S.C.
551, which provides:

The Secretary of Agriculture . . . may make such rules and
regulations and establish such service as will insure the objects
of such reservations, namely, to regulate their occupancy and use
and to preserve the forests thereon from destruction . . . .

There is a statutory right for persons to prospect and mine on
National Forest System land open to mineral exploration, but such
persons must comply with the rules and regulations covering the
National Forests
(16 U.S.C. 478).

The relevant regulations are primarily set forth in 36 CFR Part
228, Subpart A and should be considered part of this directive.

2817.02 - Objectives.  In managing the use of the surface and
surface resources, the Forest Service should attempt to minimize
or prevent, mitigate, and repair adverse environmental impacts on
National Forest System surface and cultural resources as a result
of lawful prospecting, exploration, mining, and mineral
processing operations, as well as activities reasonably incident
to such uses.  This should be accomplished by imposition of
reasonable conditions which do not materially interfere with such
operations.

2817.03 - Policy.  The primary means for obtaining protection of
surface resources should be by securing the willing cooperation
of prospectors and miners.  The willingness of the majority of
prospectors and miners to comply with regulations, reasonably
administered, is a principal key to the protection of
environmental quality in the National Forest System.  Face-to-
face dialog with operators is encouraged.

However, when reasonable efforts have been made to obtain
compliance with the regulations and the noncompliance is
unnecessarily or unreasonably causing injury, loss, or damage to
surface resources, authorized officers shall take enforcement
action.  (See FSM 2817.3(5).)

In the evaluation of a plan of operations, consider the
environmental effects of the mineral operation, including whether
the proposed operation represents part of a logical sequence of
activities, and whether the proposed activity is reasonable for
the stage proposed.  For example, consider if the volume of
material to be extracted as a sample is reasonable.  A 10,000 ton
bulk sample may not be reasonable prior to geochemical sampling
and assaying.  Consult a geologist or mining engineer if there is
a question of reasonableness.

The regulations at 36 CFR Part 228, Subpart A shall be
administered in a fair, reasonable, and consistent manner and not
as a means of inhibiting or interfering with legitimate, well-
planned mineral operations.

The regulations at 36 CFR Part 228, Subpart A apply to all
unpatented millsites, tunnel sites, and mining claims, including
those not subject to 30 U.S.C. 612, and to activities, primarily
prospecting, which may be conducted under the mining laws but not
on claims.

Do not rely on the regulations at 36 CFR Part 228, Subpart A
concerning operating plans as means of solving existing trespass
and unauthorized occupancy problems (FSM 2818) on lands clearly
open to location under the 1872 mining law.

The statutory right of the public to prospect, develop, and mine
valuable minerals and to obtain a patent shall be fully honored
and protected.  Proprietary information relating to those rights
and obtained through the administration of the agency's mineral
regulations shall be protected to the full extent authorized by
law.

2817.04 - Responsibility

    1.  Forest Supervisors.  Forest Supervisors are designated to
act as "authorized officer" for the administration of regulations
in 36 CFR Part 228, Subpart A.  This authority may be redelegated
to District Rangers except for approval of plans of operations
for Research Natural Areas, Experimental Ranges, and Experimental
Forests.  Before a Forest Supervisor can approve a plan of
operations in one of these areas, consultation and concurrence of
the Station Director is necessary.

    2.  Station Directors.  Station Directors have authority and
responsibility to review and concur in or withhold concurrence
from, a plan of operations affecting Research Natural Areas,
Experimental Ranges, and Experimental Forests prior to the
authorizing officer's approval of such a plan.

2817.1 - Notice of Intention to Operate.  Subject to certain
exceptions (36 CFR 228.4(a)(2)) written notice of intention to
operate is required from operators who propose to conduct
operations which might cause surface resource disturbance and who
have chosen not to file an operating plan.  The notice of
intention must include or describe:

    1.  Name and address of the operator.

    2.  Information sufficient to identify the area on the ground
with reasonable certainty, preferably with maps.

    3.  The route of access to the area of operations.

    4.  The nature, in some detail, of the proposed operations,
especially of surface disturbing activities, such as trenching,
drill road, and drill site construction, or tree cutting.
    5.  The proposed method of transport to the area of
operations.

    6.  The date the operation is expected to begin and
approximately the length of time to be required.

The notice is to be submitted to the District Ranger.  The
proposed operation described in the notice must be evaluated by
the District Ranger, who will inform the operator within 15 days
after the notice is received either that the operation is exempt
from the requirement for an operating plan or that one is
required.  If no operating plan is required for operations, that
notification must be documented with a copy to the operator as
promptly and simply as is feasible.  The documentation should
include the basis for the determination that a plan is not
required.  The documentation is part of the administrative record
and may be helpful in subsequent administrative or judicial
review.  If the District Ranger determines that significant
disturbance of the surface resources will likely result from the
operations, the District Ranger will inform the operator of the
requirement to prepare a plan of operations.

2817.11 - Determination of Significant Resource Disturbance.  The
determination of what is significant can come only from a fair,
reasonable, and consistent evaluation of proposed operations on a
case-by-case basis.  Significant is a site-sensitive term:  A
particular surface resource-disturbing activity in one area, such
as flat sage brush-covered ground, might not be significant,
while the same operation in a high alpine meadow could be highly
significant.

Onsite surface-resource disturbance will come almost entirely
from earthmoving activities or from site clearance.  Such onsite
disturbance would be considered significant if natural recovery,
to a condition of no higher standard than existed before the
operation, would not be expected to take place within a
reasonable period of time.

Offsite resource disturbance may result from movement of solid
substances, liquids, gases, or particulate suspensions (in
liquids and gases) away from areas of operation as a result of
operation activity and/or natural causes.  This does not include
naturally occurring substances moving from their natural loci
wholly as a result of natural causes.  Some examples of offsite
disturbances from operations are movement of rock, soil, mine
waste, tailings, etc., away from their site of deposition onto
other surface areas or into surface or subsurface waters; surface
or subsurface flow of chemical leachates, liquid chemicals,
particulate suspension, etc., away from their sites of original
use or storage; or discharge or dispersion of gaseous substances
or particulate suspensions into the atmosphere.  Offsite resource
disturbance would be considered significant if it likely would
result in unnecessary or unreasonable injury, loss, or damage to
National Forest System resources; would cause air or water
degradation which is unacceptable under Federal and State quality
standards; or would cause risk to health or safety.