Upon the recommendation of the Secretary of the Interior, with the approval of the President, after sixty days’ notice thereof, published in two papers of general circulation in the State or Territory wherein any national forest is situated, and near the said national forest, any public lands embraced within the limits of any such forest which, after due examination by personal inspection of a competent person appointed for that purpose by the Secretary of the Interior, shall be found better adapted for mining or for agricultural purposes than for forest usage, may be restored to the public domain. And any mineral lands in any national forest 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 any provisions contained in sections 473 to 478, 479 to 482 and 551 of this title.
Notes of Decisions
Karuk Tribe v. United States Forest Serv., 681 F.3d 1006 (9th Cir. 2012).
· cites it 2× “The Organic Administration Act of 1897 extended the Mining Law to the National Forest system but authorized the Secretary of Agriculture to regulate mining activities in the National Forests to protect the forest lands from destruction and depredation.”
Klamath-Siskiyou Wildlands Ctr v. Rob MacWhorter, 797 F.3d 645 (9th Cir. 2015).
“§ 22 ; 16 U.S.C. § 482 . Under these statutes, if a mining operation “might cause significant disturbance of surface resources,” the miner must submit to the Forest Service a “notice of intent to operate” (“NOD.”
Pathfinder Mines Corp. v. Hodel, 811 F.2d 1288 (9th Cir. 1987).
· cites it 4× “16 U.S.C. § 482 (emphasis added). If the Organic Act excludes lands more valuable for mineral purposes from Forest Reserves, there would be no need to provide for the restoration of mineral lands to the public domain.”
Honchok v. Hardin, 326 F. Supp. 988 (D. Maryland 1971).
· cites it 3× “See for example, the provisions with respect to patents issued under the mining laws affecting lands within certain national forests, 16 U.S.C. §§ 482 , 482a-p. Challis National Forest is not one of those so protected.”
Mountain States Legal Found. v. Andrus, 499 F. Supp. 383 (D. Wyo. 1980).
“See 16 U.S.C. § 482 (1976). Subsequent acts defining the Forest Service’s authority to manage national forest lands reiterate that surface management was not to interfere with mineral development on those lands.”
Friends of the Inyo v. Usfs, 103 F.4th 543 (9th Cir. 2024).
“§ 612 ; 16 U.S.C. § 482 . Such activities, known as “operations,” must be “conducted so as to minimize adverse environmental impacts on National Forest System surface resources.”
United States v. Deasy, 24 F.2d 108 (D. Idaho 1928).
“The general mining laws of the United States apply to mining claims located within the forest reserves, as the act creating the national forests declares (section 1 [16 USCA § 482]) that any mineral lands therein which have been or which may be shown to be such, and subject to…”
United States v. Lillibridge, 4 F. Supp. 204 (S.D. Cal. 1932).
“” 16 USCA § 482. There has been no finding or determination by the Secretary of the Interior, or by his successor, the Secretary of Agriculture, that the lands in controversy aré better adapted for mining or for agricultural purposes than for forest usages.”
Izaak Walton League of Am. v. St. Clair, 353 F. Supp. 698 (D. Minnesota 1973).
“” Also, 16 U.S.C. § 482 contains the following language: *703 Though in 1893 lands in Minnesota were withdrawn from the general mining laws 2 authorizing location and patenting of minerals in public domain lands, it is quite clear that Congress in early legislation did not…”
Wilderness Soc'y v. Dombeck, 168 F.3d 367 (9th Cir. 1999).
“” 16 U.S.C. § 482 . Statutorily, the applicability of the laws of the United States is not limited or qualified, which would not limit the application of 30 U.”
United States v. Deasy, 24 F.2d 108 (D. Idaho 1928).
“Tbe general mining laws of tbe United States apply to mining claims located within tbe forest reserves, as tbe act creating the national forests declares (section 1 [16 USCA § 482]) that any mineral lands therein which have been or which may be shown to be such, and subject to…”
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