43 CFR 3830.12 - What are the characteristics of a locatable mineral?
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(a) Minerals are locatable if they meet the requirements in § 3830.11 and are:
(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:
(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.
Title 43 published on 2014-10-01
no entries appear in the Federal Register after this date.