PERMFILE49486

• Permit No: M2002003
• IBM Index Class Name: Permit File
• Doc Date: 1/28/2002
• Doc Name: TOPAZ MT GEM MINE FN M-2002-003 RECEIPT 110 2 HARD ROCK/METAL MINING RECLAMATION PERMIT APPLICATION
• From: DMG
• To: WALT RUBECK
• Media Type: D
• Archive: No

i
INTRODUCTION
There ate three basic types of
minerals on Federal lands:
locatable, leasable, and salable.
These minerals have been
defined by Federal laws,
regulations, and legal decisions.
This pamphlet discusses only
locatable minerals,
The major Federal law governing locatable
minerals is the Mining Law of 1872 (May 10,
1872), as amended (30 U.S.C. 22-54). This law
provides citizens of the United States the oppor-
tunity to explore far, discover, and purchase
certain valuable mineral deposits on those
Federal lands that remain open for that purpose.
These minerals include metallic minerals and
certain nonmetallic minerals. The law also sets
general standazds and guidelines far claiming the
possessory rights to valuable minerals discovered
during exploration. Other provisions provide for
the enactrnent of State laws that are consistent
with Federal law. Therefore, most States have
enacted laws that prescribe the manner of
locating and recording mining claims, tunnel
sites, and mill sites on Federal lands within their
boundaries.
This punphlet is a brief introduction to the
locatable minerals program on Federal lands.
The last section of this booklet provides sources
for finding more information on the following
topics: (1) geology and mineral resources of a
particulaz area, (2) mining and milling tech-
niques, (3) surface protection and reclamation
requirements, and (4) other Federal and State
legal requirements.
The Mining Law of 1872, as amended, has five
elements: (1) discovery of a valuable mineral
deposit, (2) location of mining claims and sites,
(3) rernrdation of mining claims and sites,
4
(4) maintenance (annual work surface man-
agement) of mining claims and sites, and (5)
mineral patents. The Mining Law Administra-
tionprogram managed by the Bureau of Land
Management (BLM) involves primarily the last
three elements: recordation, maintenance (annual
work/surface management), and mineral patents.
Surface management on National Forest System
lands is administered by the Forest Service,
Department of Agticulture. The activities
associated with the first two elements are carried
out by the claimant.
~ EXPLANATION OF "DISCOVERY"
Locatable Minerals
Locatable minerals include
both metallic minerals (gold,
silver, lead, etc.) and nonmetal-
lic minerals (fluorspar, asbes-
tos,mica, etc.). It is very
difficult to prepare a complete
list of locatable minerals
because the history of the law has resulted in a
definition of minerals that includes economics.
Also, certain minerals have been formally
excluded from the operation of the law. Starting
in 1873, the Department of the Interior began to
define locatable minerals as those minerals that
make the land mote valuable because of their
existence, are recognized as a mineral by the
standard experts, and are not subject to disposal
under some other law. Locatable type minerals
on most lands acquired (purchased or received)
by the United States and on Indian reservations
are leasable. Therefore, it is easier to list miner-
alsthat are not locatable because of the com-
plexities listed above.
Since 1955, common varieties of sand, gravel,
stone, pumice, pumicite, cinders and ordinary
clay ate salable, not locatable. Use of salable
minerals requires either a sales contract or a free