§ 678a. — Mining locations in Norbeck Wildlife Preserve; rules and regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC678a]
TITLE 16--CONSERVATION
CHAPTER 6--GAME AND BIRD PRESERVES; PROTECTION
Sec. 678a. Mining locations in Norbeck Wildlife Preserve; rules
and regulations
Subject to the conditions herein provided, mining locations may be
made under the general mining laws of the United States on lands of the
United States situated within the exterior boundaries of that portion of
the Harney National Forest designated as the Norbeck Wildlife Preserve,
South Dakota, created pursuant to the provisions of sections 675 to 678
of this title. A locator shall have 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 mining operations herein authorized shall be
subject to such rules and regulations as the Secretary of Agriculture
may deem necessary in furtherance of the purposes for which the said
preserve was established: Provided further, 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 marking rules and timber sale practices applicable to the Harney
National Forest, 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: Provided further, That the
Secretary of Agriculture in his discretion may prohibit the location of
mining claims within six hundred and sixty feet of any Federal, State,
or county road, and within such other areas where the location of mining
claims would not be in the public interest: And provided further, That
no patent shall be issued by the United States on any location filed
pursuant to the authority contained in this section.
(June 24, 1948, ch. 611, Sec. 1, 62 Stat. 580; Oct. 6, 1949, ch. 620,
Sec. 1, 63 Stat. 708.)
References in Text
The general mining laws of the United States, referred to in text,
are classified generally to Title 30, Mineral Lands and Mining.
Change of Name
``Custer State Park Game Sanctuary'' changed to ``Norbeck Wildlife
Preserve'' by act Oct. 6, 1949.
Harney National Forest abolished and its lands transferred to and
consolidated with those of Black Hills National Forest by Public Land
Order No. 1016 of Oct. 4, 1954, 19 F.R. 6500.
