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Title 16, ConservationRelease 119-102

§678a Mining Locations in Norbeck Wildlife Preserve; Rules and Regulations

Title 16 › CHAPTER 6 — GAME AND BIRD PRESERVES; PROTECTION › § 678a

Last updated Aug 21, 2026|Official source

Summary

People may file mining claims under federal mining laws on lands inside the Norbeck Wildlife Preserve in Harney National Forest, South Dakota. A person who files a claim may use and occupy as much of the surface as is reasonably needed to search for and take minerals, and may take timber needed for mining. No permit or fee is required for that use, but the Secretary of Agriculture can set rules to protect the preserve’s purposes. Timber cutting that is not needed for mining or for mining buildings must follow Harney National Forest marking and timber-sale rules. Claimants must not block other lawful forest uses that do not interfere with mining. The Secretary can ban claim locations within 660 feet of any federal, state, or county road or in other areas not in the public interest. No land patent will be issued for claims made under this authority.

Full Legal Text

Title 16, §678a

Conservation, Source: USLM XML via OLRC

Subject to the conditions herein provided, mining locations may be made under the general mining laws of the United States on lands of the United States situated within the exterior boundaries of that portion of the Harney National Forest designated as the Norbeck Wildlife Preserve, South Dakota, created pursuant to the provisions of sections 675 to 678 of this title. A locator shall have 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 mining operations herein authorized shall be subject to such rules and regulations as the Secretary of Agriculture may deem necessary in furtherance of the purposes for which the said preserve was established: Provided further, 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 marking rules and timber sale practices applicable to the Harney National Forest, 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: Provided further, That the Secretary of Agriculture in his discretion may prohibit the location of mining claims within six hundred and sixty feet of any Federal, State, or county road, and within such other areas where the location of mining claims would not be in the public interest: And provided further, That no patent shall be issued by the United States on any location filed pursuant to the authority contained in this section.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

“Custer State Park Game Sanctuary” changed to “Norbeck Wildlife Preserve” by act Oct. 6, 1949.

Executive Documents

Change of Name

Harney National Forest abolished and its lands transferred to and consolidated with those of Black Hills National Forest by Public Land Order No. 1016 of Oct. 4, 1954, 19 F.R. 6500.

Reference

Citations & Metadata

Citation

16 U.S.C. § 678a

Title 16, Conservation

Last Updated

Aug 21, 2026

Release point: 119-102