43 C.F.R. § 3811.1

Lands: General

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

Vacant public surveyed or unsurveyed lands are open to prospecting, and upon discovery of mineral, to location and purchase. The Act of June 4, 1897 (30 Stat. 36), provides that “any mineral lands in any forest reservation which have been or which may be shown to be such, and subject to entry under the existing mining laws of the United States and the rules and regulations applying thereto, shall continue to be subject to such location and entry,” notwithstanding the reservation. This makes mineral lands in the forest reserves in the public land states, subject to location and entry under the general mining laws in the usual manner. Lands entered or patented under the stockraising homestead law (title to minerals and the use of the surface necessary for mining purposes can be acquired), lands entered under other agricultural laws but not perfected, where prospecting can be done peaceably are open to location.

Notes of Decisions

Cited in 2 cases, 1983–1999 · leading case: Watt v. W. Nuclear, Inc., 462 U.S. 36 (1983).

Sort: Relevance Newest Treatment

Watt v. W. Nuclear, Inc., 462 U.S. 36 (1983). · cites it 2× “1 (1939), current version at 43 CFR § 3811.1 (1982). By their own terms, the mining laws apply to "all valuable mineral deposits in lands belonging to the United States.”

Wilderness Soc'y v. Dombeck, 168 F.3d 367 (9th Cir. 1999). “See 43 C.F.R. § 3811.1 (1994). Finally, TWS argues that § 4(d)(3) of the Wilderness Act of 1964 supports its contention that extralateral rights do not exist'on national forests.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.