Title 16ConservationRelease 119-73

§482a Mining rights in Prescott National Forest

Title 16 › Chapter CHAPTER 2— - NATIONAL FORESTS › Subchapter SUBCHAPTER I— - ESTABLISHMENT AND ADMINISTRATION › § 482a

Last updated Apr 6, 2026|Official source

Summary

Starting January 19, 1933, people who file mining claims under U.S. mining laws on certain lands inside the city of Prescott’s watershed in the Prescott National Forest (about 3,600 acres, more or less) may use the surface as much as is reasonably needed to prospect and mine. They may remove mineral deposits and the timber needed for mining without paying a permit fee. Cutting timber beyond what is needed for mining or necessary clearings must follow the same timber rules used on nearby national-forest land. Claimants must not block other surface uses allowed by national-forest rules unless those uses interfere with mining. Official land patents issued after January 19, 1933 will transfer ownership of the minerals and allow taking mature timber needed to get those minerals if the timber is cut under sound forest-management rules. The United States keeps title to the land surface and its products, and any non-mining use of the surface must follow Department of Agriculture rules. Valid claims that existed on January 19, 1933, and are kept up under the law, may be finished either under this rule or under the old mining laws, at the claimant’s choice.

Full Legal Text

Title 16, §482a

Conservation — Source: USLM XML via OLRC

On and after January 19, 1933, mining locations made under the United States mining laws upon lands within the municipal watershed of the city of Prescott, within the Prescott National Forest in the State of Arizona, specifically described as the west half southwest quarter section 13; south half section 14; southeast quarter, and east half southwest quarter section 15; east half, and south half southwest quarter section 22; all of section 23; west half section 24; all of section 26 and 27; north half north half section 34; and north half north half section 35, township 13 north, range 2 west, Gila and Salt River Base and meridian, an area of three thousand six hundred acres, more or less, 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 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. On and after January 19, 1933, all patents issued under the United States mining laws affecting lands within the municipal watershed of the city of Prescott, within the Prescott National Forest, in the State of Arizona, shall convey title to the mineral deposits within the claim, together with the right to cut and remove so much of the mature timber therefrom as may be needed in extracting and removing the mineral deposits, if the timber is cut under sound principles of forest management as defined by the national-forest rules and regulations, but each patent shall reserve to the United States all title in or to the surface of the lands and products thereof, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining or prospecting shall be allowed except under the rules and regulations of the Department of Agriculture. Valid mining claims within the municipal watershed of the city of Prescott, within the Prescott National Forest in the State of Arizona, existing on January 19, 1933, and thereafter maintained in compliance with the law under which they were initiated and the laws of the State of Arizona, may be perfected under this section, or under the laws under which they were initiated, as the claimant may desire.

Reference

Citations & Metadata

Citation

16 U.S.C. § 482a

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73