§678a — Title 16 Conservation | U.S. Code

Summary

People may stake mining claims on federal land inside the Norbeck Wildlife Preserve in South Dakota under U.S. mining laws, but only under the rules below. A person who stakes a claim may use as much of the surface as is reasonably needed for prospecting and mining. They may take minerals and the timber needed for mining. No permit or fee is required just for that use. Mining must follow rules the Secretary of Agriculture sets to protect the preserve. Timber cutting is allowed only as needed for mining or mining buildings; other cutting must follow Harney National Forest marking and timber-sale rules. Claimants must not block other lawful forest uses that don’t conflict with mining. The Secretary may ban claims within 660 feet of any federal, state, or county road or in other places not in the public interest. The United States will not issue patents (transfer land ownership) for these claims.

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.

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.

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

Summary

Title 16, §678a

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Executive Documents

Change of Name

Citations & Metadata