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use permit. Disposals of salable minerals from BLM-administered lands are regulated by-Tide 43, Code of Federal Regulations (CFR), Part 3600. Sales are at the estimated fair market value. A free use permit may be issued to a Government agency or a nonprofit organization. Disposals from National Forest System lands are regulated by Title 36 CFR Subpart C, 228.40. On National Forest System lands, you may need a special use permit from the Forest Service. Unrnmmon varieties of salable type minerals may be locatable provided that the deposits meet certain tests created by various judicial and administrative decisions. Federal mineral examiners determine uncommon varieties on a case-by-case basis. Since 1963, petrified wood has not been locat- able under the mining laws. Hobbyists may remove small amounts for noncommercial use free of chazge. The Federal Government may sell lazger amounts of petrified wood under appli- cable regulations (see 43 CFR 3620). Since 1920, the Federal Government has leased fuels and certain other minerals (see 43 CFR 3000-3590). Leasable mineralstodayinclude oil and gas, oil shale, geothermal resources, potash, sodium, native asphalt, solid and semi- solid bitumen, bituminous rock, phosphate, and coal. In Louisiana and New Mexico, sulphur is leasable. '°Discovery" of a Valuable Mineral Deposit Federal starutes do not describe what wnstirutes a valuable mineral deposit. However, the Gov- ernment adopted an "economic" definition of locatable minerals that has resulted in a test that makes use of the concept of an economic ore body. Consequently, several judicial and admin- istrative decisions have established the "prudent man rule" of discovery. A Land Decision of the 6 Mining claims and sites located on lands after the effective date of a withdrawal are null and void. No rights are associated with claims declazed null and void by the BLM. However, a claim or site located before a withdrawal is in effect is consid- ered avalid existing right. To have valid existing rights in this situation, a discovery (including an actual physical exposure) must have been made before the date of withdrawal. Individuals who disrurb resources aRer the effective date of withdrawal and who do not have valid existing rights maybe considered in trespass and can be held liable for trespass damages. In addition, trespassers may be fined and sentenced to a term in jail. MINERAL PATENTS A patented mining claim is one for which the Federal Govem- menthas passed its title to the claimant, making it private land. A person may mine and remove minerals from a mining claim without a mineral patent. However, a mineral patent gives the owner exclusive title to the locatable miner- als. In most cases, it also gives the owner rifle to the surface and other resources. Requirements for filing mineral patent applications maybe found in 43 CFR 3860 and BLM State Offices. Mineral patents can be issued for lode and placer claims and mill sites, but not for tunnel sites. Patenting requires the mining claimant to demon- strate the existence of a valuable mineral deposit that satisfies the prudent man and marketability tests (discovery). In addition, the applicant needs to (1) have the claim surveyed (if it is a lode claim, a claim described by metes and bounds, or a claim siruated on unsurveyed land) by a mineral surveyor selected from a roster maintained by the BLM State Office; (2) post a "notice of intent to 27