16 U.S.C. § 482 — Mineral lands; restoration to public do-

Page 930 TITLE 16—CONSERVATION § 482 Editorial Notes CODIFICATION ‘‘National forests’’ substituted in text for ‘‘reserva- tions’’ and ‘‘forest reservations’’ on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. § 482. Mineral lands; restoration to public do- main; location and entry Upon the recommendation of the Secretary of the Interior, with the approval of the President, after sixty days’ notice thereof, published in two papers of general circulation in the State or Territory wherein any national forest is situ- ated, and near the said national forest, any pub- lic lands embraced within the limits of any such forest which, after due examination by personal inspection of a competent person appointed for that purpose by the Secretary of the Interior, shall be found better adapted for mining or for agricultural purposes than for forest usage, may be restored to the public domain. And any min- eral lands in any national forest which have been or which may be shown to be such, and sub- ject to entry under the existing mining laws of the United States and the rules and regulations applying thereto, shall continue to be subject to such location and entry, notwithstanding any provisions contained in sections 473 to 478, 479 to 482 and 551 of this title. (June 4, 1897, ch. 2, § 1, 30 Stat. 36.) Editorial Notes CODIFICATION ‘‘National forest’’ substituted in text for ‘‘forest res- ervation’’ twice and ‘‘reservation’’ once, on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as na- tional forests. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of certain functions with regard to the administration of national forests from Secretary of the Interior to Secretary of Agriculture, see section 472 of this title. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Depart- ment, related to compliance with provisions of sections 473, 474 to 482, and 551 of this title with respect to pre- construction, construction, and initial operation of transportation system for Canadian and Alaskan nat- ural gas transferred to Federal Inspector, Office of Fed- eral Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial oper- ation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organiza- tion and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector trans- ferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Sec- retary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15. § 482a. Mining rights in Prescott National Forest On and after January 19, 1933, mining loca- tions made under the United States mining laws upon lands within the municipal watershed of the city of Prescott, within the Prescott Na- tional Forest in the State of Arizona, specifi- cally described as the west half southwest quar- ter section 13; south half section 14; southeast quarter, and east half southwest quarter section 15; east half, and south half southwest quarter section 22; all of section 23; west half section 24; all of sections 26 and 27; north half north half section 34; and north half north half section 35, township 13 north, range 2 west, Gila and Salt River Base and meridian, an area of three thou- sand six hundred acres, more or less, shall con- fer on the locator the right to occupy and use so much of the surface of the land covered by the location as may be reasonably necessary to carry on prospecting and mining, including the taking of mineral deposits and timber required by or in the mining operations, and no permit shall be required or charge made for such use or occupancy: Provided, however, That the cutting and removal of timber, except where clearing is necessary in connection with mining operations or to provide space for buildings or structures used in connection with mining operations, shall be conducted in accordance with the rules for timber cutting on adjoining national-forest land, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining and prospecting shall be allowed except under the national forest rules and regulations, nor shall the locator prevent or obstruct other occupancy of the surface or use of surface resources under authority of national- forest regulations, or permits issued thereunder, if such occupancy or use is not in conflict with mineral development. On and after January 19, 1933, all patents issued under the United States mining laws af- fecting lands within the municipal watershed of the city of Prescott, within the Prescott Na- tional Forest, in the State of Arizona, shall con- vey title to the mineral deposits within the claim, together with the right to cut and re- move so much of the mature timber therefrom as may be needed in extracting and removing the mineral deposits, if the timber is cut under sound principles of forest management as de- fined by the national-forest rules and regula- tions, but each patent shall reserve to the United States all title in or to the surface of the lands and products thereof, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining or prospecting shall be allowed except under the rules and regulations of the Department of Agri- culture. Valid mining claims within the municipal wa- tershed of the city of Prescott, within the Pres- cott National Forest in the State of Arizona, ex- isting on January 19, 1933, and thereafter main- tained in compliance with the law under which they were initiated and the laws of the State of