43 CFR 3830.12 - What are the characteristics of a locatable mineral?

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§ 3830.12 What are the characteristics of a locatable mineral?
(a) Minerals are locatable if they meet the requirements in § 3830.11 and are:
(1) Recognized as a mineral by the scientific community; and
(2) Found on Federal lands open to mineral entry.
(b) Under the Surface Resources Act, certain varieties of mineral materials are locatable if they are uncommon because they possess a distinct and special value. As provided in McClarty v. Secretary of the Interior,408 F.2d 907 (9th Cir. 1969), we determine whether mineral materials have a distinct and special value by:
(1) Comparing the mineral deposit in question with other deposits of such minerals generally;
(2) Determining whether the mineral deposit in question has a unique physical property;
(3) Determining whether the unique property gives the deposit a distinct and special value;
(4) Determining whether, if the special value is for uses to which ordinary varieties of the mineral are put, the deposit has some distinct and special value for such use; and
(5) Determining whether the distinct and special value is reflected by the higher price that the material commands in the market place.
(c) Block pumice having one dimension of 2 or more inches is an uncommon variety of mineral material under the Surface Resources Act, and is subject to location under the mining laws.
(d) Limestone of chemical or metallurgical grade, or that is suitable for making cement, is subject to location under the mining laws.
(e) Gypsum suitable for the manufacture of wall board or plaster, or uses requiring a high state of purity, is subject to location under the mining laws.

Title 43 published on 2013-10-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 18 - CRIMES AND CRIMINAL PROCEDURE
U.S. Code: Title 30 - MINERAL LANDS AND MINING

§ 22 - Lands open to purchase by citizens

§ 23 - Length of claims on veins or lodes

§ 24 - Proof of citizenship

§ 25 - Affidavit of citizenship

§ 26 - Locators’ rights of possession and enjoyment

§ 27 - Mining tunnels; right to possession of veins on line with; abandonment of right

§ 28 - Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records;...upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure

30 U.S. Code § -

30 U.S. Code § -

§ 28a - Omitted

§ 28b - Annual assessment work on mining claims; temporary deferment; conditions

§ 28c - Length and termination of deferment

§ 28d - Performance of deferred work

§ 28e - Recordation of deferment

§ 28f - Fee

§ 28g - Location fee

§ 28h - Co-ownership

§ 28i - Failure to pay

§ 28j - Other requirements

§ 28k - Regulations

30 U.S. Code § -

§ 29 - Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting...objections; nonresident claimant’s agent for execution of application and affidavits

§ 30 - Adverse claims; oath of claimants; requisites; waiver; stay of land office proceedings; judicial determination of right of possession;...of land office proceedings and judgment roll; alienation of patent title

§ 31 - Oath: agent or attorney in fact, beyond district of claim

§ 32 - Findings by jury; costs

§ 33 - Existing rights

§ 34 - Description of vein claims on surveyed and unsurveyed lands; monuments on ground to govern conflicting calls

§ 35 - Placer claims; entry and proceedings for patent under provisions applicable to vein or lode claims; conforming entry to...and surveys; limitation of claims; homestead entry of segregated agricultural land

§ 36 - Subdivisions of 10-acre tracts; maximum of placer locations; homestead claims of agricultural lands; sale of improvements

§ 37 - Proceedings for patent where boundaries contain vein or lode; application; statement including vein or lode; issuance...of proceedings; knowledge affecting construction of application and scope of patent

§ 38 - Evidence of possession and work to establish right to patent

§ 39 - Surveyors of mining claims

§ 40 - Verification of affidavits

§ 41 - Intersecting or crossing veins

§ 42 - Patents for nonmineral lands: application, survey, notice, acreage limitation, payment

§ 43 - Conditions of sale by local legislature

§ 44, 45 - Omitted

§ 46 - Additional land districts and officers

§ 47 - Impairment of rights or interests in certain mining property

§ 48 - Lands in Michigan, Wisconsin, and Minnesota; sale and disposal as public lands

§ 49 - Lands in Missouri and Kansas; disposal as agricultural lands

§ 49a - Mining laws of United States extended to Alaska; exploration and mining for precious metals; regulations; conflict of laws; permits; dumping...of high tide or high-water mark; transfer of title to future State

§ 49b - Mining laws relating to placer claims extended to Alaska

§ 49c - Recording notices of location of Alaskan mining claims

§ 49d - Miners’ regulations for recording notices in Alaska; certain records legalized

§ 49e - Annual labor or improvements on Alaskan mining claims; affidavits; burden of proof; forfeitures; location anew of claims; perjury

§ 49f - Fees of recorders in Alaska for filing proofs of work and improvements

§ 50 - Grants to States or corporations not to include mineral lands

§ 51 - Water users’ vested and accrued rights; enumeration of uses; protection of interest; rights-of-way for canals and ditches; liability for injury or damage to settlers’ possession

§ 52 - Patents or homesteads subject to vested and accrued water rights

§ 53 - Possessory actions for recovery of mining titles or for damages to such title

§ 54 - Liability for damages to stock raising and homestead entries by mining activities

§ 242 - Oil shale claims

§ 611 - Common varieties of sand, stone, gravel, pumice, pumicite, or cinders, and petrified wood

U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 43 - PUBLIC LANDS
U.S. Code: Title 44 - PUBLIC PRINTING AND DOCUMENTS
Statutes at Large