Mineral Survey Procedures Guide, 1980 — John Shaqi
Mineral Survey Procedures Guide, 1980
Science
Mineral Survey Procedures Guide, 1980
Cadastres -- United States; Mineral resources conservation -- United States
Withdrawals made under the authority of the President are not subject to
any form of location. Withdrawals under the Act of June 25, 1910 (43
U.S.C. 141, as amended) are subject to location for metalliferous
minerals only. The Act, known as the Pickett Act, authorized the
President to make withdrawals for various purposes such as power,
irrigation, classification of lands.
Withdrawals under the first form Reclamation Act of June 17, 1902 are
not subject to mining location unless opened under the Act of April 23,
1932. Lands withdrawn under the second form of the Act are subject to
location.
The Federal Land Policy and Management Act of October 21, 1976(43 U.S.C.
1714) provides for withdrawals by the Secretary of the Interior, either
on his own motion or at the request of any department or agency head,
with certain restrictions and limitations. Each withdrawal and
subsequent restoration must be reviewed to determine if mining locations
are allowed, and under what conditions.
Severance occurs when minerals are reserved to the United States in a
patent. Some of the Spanish Land Grants reserved certain minerals such
as gold, silver, quicksilver and antimony.
The Act of March 3, 1891 reserved minerals from townsite entries on
mineral land, but each patent should be checked; some of the early
patents reserved only “known lodes.”
The Act of July 17, 1914 permitted agricultural entry or purchase of
lands withdrawn for phosphate, nitrate, potash, oil, gas or asphalt with
a reservation of these minerals to the United States.
The Act of July 20, 1956 permitted the disposition of these minerals
discovered and located prior to the Mineral Leasing Act.
The Stockraising Homestead Act of December 29, 1916 allowed entry of 320
acres rather than the 160 acre preemption homestead, but reserved the
minerals to the United States, the minerals being subject to disposal
under the general mining and mineral leasing laws. The surface owner is
protected by the Act, and a bond must be posted with the Bureau of Land
Management unless satisfactory arrangements can be made between the
mineral and surface owner (43 C.F.R. 3814).
Lands patented under the Color of Title Act (43 U.S.C. 1068), by
exchange under the Taylor Grazing Act (43 U.S.C. 315g) and by Forest
Exchanges (16 U.S.C. 485) with mineral reservation to the United States,
are subject to appropriation under the mining and mineral leasing laws.
The Atomic Energy Act of August 1, 1946 reserved fissionable source
material, uranium and thorium, to the United States, but these
provisions have since been rescinded and such minerals are locatable
under the mining laws. Mining claims for fissionable source materials
could be located on lands known to be valuable for coal under the Act of
August 11, 1955 (30 U.S.C. 541 through 541i) which expired August 11,
1975.
=1–24= Areas Subject to Special Mining Laws:
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