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Valid Existing Rights. Meaning of the United States Mining (A) Definition

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Valid Existing Rights. Meaning of the United States Mining (A) Definition Forest Service, USDA § 292.62 River National Recreation Area as es- Fork Smith River, Siskiyou Fork tablished by Congress in the Smith Smith River, South Fork Smith River, River National Recreation Area Act of and their designated tributaries, except 1990 (16 U.S.C. 460bbb et seq.). Peridotite Creek, Harrington Creek, (b) Scope. The rules of this subpart and the lower 2.5 miles of Myrtle apply only to mineral operations on Creek, which: National Forest System lands within (i) Were properly located prior to the Smith River National Recreation January 19, 1981; Area. (ii) Were properly maintained there- (c) Applicability of other rules. The after under the applicable law; rules of this subpart supplement exist- (iii) Were supported by a discovery of ing Forest Service regulations con- a valuable mineral deposit within the cerning the review, approval, and ad- meaning of the United States mining ministration of mineral operations on laws prior to January 19, 1981, which National Forest System lands includ- discovery has been continuously main- ing, but not limited to, those set forth tained since that date; and at parts 228, 251, and 261 of this chapter. (iv) Continue to be valid. (d) Conflicts. In the event of conflict (2) For Siskiyou Wilderness. The rights or inconsistency between the rules of associated with all mining claims on this subpart and other parts of this National Forest System lands within chapter, the rules of this subpart take the SRNRA in the Siskiyou Wilderness precedence, to the extent allowable by except, those within the Gasquet-Orle- law. ans Corridor addition or those rights § 292.61 Definitions. covered by paragraph (a)(1) of this sec- tion which: The special terms used in this sub- (i) Were properly located prior to part have the following meaning: September 26, 1984; Act means the Smith River National (ii) Were properly maintained there- Recreation Area Act of 1990 (16 U.S.C. after under the applicable law; 460bbb et seq.). Authorized officer means the Forest (iii) Were supported by a discovery of Service officer to whom authority has a valuable mineral deposit within the been delegated to take actions pursu- meaning of the United States mining ant to the provisions of this subpart. laws prior to September 26, 1984, which Hazardous material means any haz- discovery has been continuously main- ardous substance, pollutant, contami- tained since that date; and nant, hazardous waste, and oil or other (iv) Continue to be valid. petroleum products, as those terms are (3) For all other lands. The rights as- defined under any Federal, State, or sociated with all mining claims on Na- local law or regulation. tional Forest System lands in that por- Outstanding mineral rights means the tion of the SRNRA not covered by rights owned by a party other than the paragraph (a)(1) or (a)(2) of this section surface owner at the time the surface which: was conveyed to the United States. (i) Were properly located prior to No- SRNRA is the abbreviation for the vember 16, 1990; Smith River National Recreation Area, (ii) Were properly maintained there- located within the Six Rivers National after under the applicable law; Forest, California. (iii) Were supported by a discovery of a valuable mineral deposit within the § 292.62 Valid existing rights. meaning of the United States mining (a) Definition. For the purposes of laws prior to November 16, 1990, which this subpart, valid existing rights are discovery has been continuously main- defined as follows: tained since that date; and (1) For certain ‘‘Wild’’ River segments. (iv) Continue to be valid. The rights associated with all mining (b) Operations to confirm discovery. claims on National Forest System The authorized officer shall authorize lands within the SRNRA in ‘‘wild’’ seg- those mineral operations that may be ments of the Wild and Scenic Smith necessary for the purpose of gathering River, Middle Fork Smith River, North information to confirm or otherwise 447 VerDate Mar<15>2010 09:45 Aug 17, 2010 Jkt 220137 PO 00000 Frm 00457 Fmt 8010 Sfmt 8010 Y:\SGML\220137.XXX 220137 cprice-sewell on DSK8KYBLC1PROD with CFR § 292.63 36 CFR Ch. II (7–1–10 Edition) demonstrate the discovery of a valu- (5) Sketches or maps showing the lo- able mineral deposit consistent with cation of past and present mineral the definition in paragraph (a) of this workings on the claims and informa- section or to obtain evidence for a con- tion sufficient to locate and define the test hearing regarding the claim’s va- mining claim corners and boundaries lidity, upon receipt of a proposed plan on the ground; of operations as defined in § 292.63 of (6) An identification of the valuable this subpart to conduct such oper- mineral that has been discovered; ations and of sufficient information (7) An identification of the site with- from the operator to show an exposure in the claims where the deposit has of valuable minerals on a claim that been discovered and exposed; predates the withdrawal of the federal (8) Information on the quantity and land from the operation of the United quality of the deposit including copies States mining laws. The authorized of- of assays or test reports, the width, lo- ficer shall authorize only those oper- cations of veins, the size and extent of ations that may be necessary to con- any deposit; and firm or demonstrate the discovery of a (9) Existing evidence of past and valuable mineral deposit prior to the present sales of the valuable mineral. date of withdrawal of the federal land (c) Minimum information on proposed on which the claim is situated. Pursu- operations. In addition to the require- ant to this paragraph, the authorized ments of paragraph (b) of this section, officer shall not authorize any oper- a plan of operations must include the ations which would constitute information required at §§ 228.4 (c)(1) prospecting, exploration, or otherwise through (c)(3) of this chapter which in- uncovering or discovering a valuable cludes information about the pro- mineral deposit. ponent and a detailed description of the proposed operation. In addition, if LOCATABLE MINERALS the operator and claim owner are dif- ferent, the operator must submit a § 292.63 Plan of operations—supple- copy of the authorization or agreement mentary requirements. under which the proposed operations (a) Applicability. In addition to the are to be conducted. A plan of oper- activities for which a plan of oper- ations must also address the environ- ations is required under § 228.4 of this mental requirements of § 228.8 of this chapter, a plan of operations is re- chapter which includes reclamation. In quired when a proposed operation with- addition, a plan of operations also in the SRNRA involves mechanical or must include the following: motorized equipment, including a suc- (1) An identification of the hazardous tion dredge and/or sluice. materials and any other toxic mate- (b) Information to support valid existing rials, petroleum products, insecticides, rights. A proposed plan of operations pesticides, and herbicides that will be within the SRNRA must include at used during the mineral operation, and least the following information on the the proposed means for disposing of existence of valid existing rights: such substances; (1) The mining claim recordation se- (2) An identification of the character rial number assigned by the Bureau of and composition of the mineral wastes Land Management; that will be used or generated and a (2) A copy of the original location no- proposed method or strategy for their tice and conveyance deeds, if ownership placement, control, isolation, or re- has changed since the date of location; moval; and (3) A copy of affidavits of assessment (3) An identification of how public work or notices of intention to hold health and safety are to be maintained. the mining claim since the date of rec- ordation with the Bureau of Land Man- § 292.64 Plan of operations—approval. agement; (a) Timeframe for review. Except as (4) Verification by the Bureau of provided in paragraph (b) of § 292.62 of Land Management that the holding or this subpart, upon receipt of a plan of maintenance fees have been paid or operations, the authorized officer shall have been exempted; review the information related to valid 448 VerDate Mar<15>2010 09:45 Aug 17, 2010 Jkt 220137 PO 00000 Frm 00458 Fmt 8010 Sfmt 8010 Y:\SGML\220137.XXX 220137 cprice-sewell on DSK8KYBLC1PROD with CFR.
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