Proviso. Areas open in tracts exceeding 320 acres. Exchange with private ownership in public interest, allowed. Proviso. Notice of contemplated exchange to be given. Lands conveyed to United Easements may Application by Lands in another State excluded. SEC. 8. That where such action will promote the purposes of the district or facilitate its administration, the Secretary is authorized and directed to accept on behalf of the United States any lands within the exterior boundaries of a district as a gift, or, when public interests will be benefited thereby, he is authorized and directed to accept on behalf of the United States title to any privately owned lands within the exterior boundaries of said grazing district, and in exchange therefor to issue patent for not to exceed an equal value of surveyed grazing district land or of unreserved surveyed public land in the same State or within a distance of not more than fifty miles within the adjoining State nearest the base lands: Provided, That before any such exchange shall be effected, notice of the contemplated exchange, describing the lands involved, shall be published by the Secretary of the Interior once each week for four successive weeks in some newspaper of general circulation in the county or counties in which may be situated the lands to be accepted, and in the same manner in some like newspaper published in any county in which may be situated any lands to be given in such exchange; lands conveyed to the United States under this Act shall, upon acceptance of title, become public lands and parts of the grazing district within whose exterior boundaries they are located: Provided further, That either party to an exchange may make reservations of minerals, easements, or rights of use, the values of which shall be duly considered in determining the values of the exchanged lands. Where reservations are made in lands conveyed to the United States, the right to enjoy them shall be subject to such reasonable conditions respecting ingress and egress and the use of the surface of the land as may be deemed necessary by the Secretary of the Interior. Where mineral reservations are made in lands conveyed by the United States, it shall be so stipulated in the patent, and any person who acquires the right to mine and remove the reserved mineral deposits may enter and occupy so much of the surface as may be required for all purposes incident to the mining and removal of the minerals therefrom, and may mine and remove such minerals upon payment to the owner of the surface for damages caused to the land and improvements thereon. Upon application of any State to exchange lands within or without the boundary of a grazing district the Secretary of the Interior is authorized and directed, in the manner provided for the exchange of privately owned lands in this section, to proceed with such exchange at the earliest practicable date and to cooperate fully with the State to that end, but no State shall be permitted to select lieu lands in another State. AUTHORIZING LAND EXCHANGES [PUBLIC NO. 173-67TH CONGRESS] [S. 490] AN ACT To consolidate national forest lands Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, when the public interests will be benefited thereby, the Secretary of the Interior be, and hereby is, authorized in his discretion to accept on behalf of the United States title to any lands within the exterior boundaries of the national forests which, in the opinion of the Secretary of Agriculture, are chiefly valuable for national forest purposes, and in exchange therefor may patent not to exceed an equal value of such national forest land, in the same State, surveyed and nonmineral in character, or the Secretary of Agriculture may authorize the grantor to cut and remove an equal value of timber within the national forests of the same State; the values in each case to be determined by the Secretary of Agriculture: Provided, That before any such exchange is effected notice of the contemplated exchange reciting the lands involved shall be published once each week for four successive weeks in some newspaper of general circulation in the county or counties in which may be situated the lands to be accepted, and in some like newspaper published in any county in which may be situated any lands or timber to be given in such exchange. Timber given in such exchanges shall be cut and removed under the laws and regulations relating to the national forests, and under the direction and supervision and in accordance with the requirements of the Secretary of Agriculture. Lands conveyed to the United States under this Act shall, upon acceptance of title, become parts of the national forest within whose exterior boundaries they are located. Approved, March 20, 1922. AUTHORIZING RETENTION OF MINERAL RIGHTS BY PRIVATE OWNERS [PUBLIC NO. 513-68тH CONGRESS] AN ACT To amend an Act entitled "An Act to consolidate national forest lands" Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of March 20, 1922 (Forty-second Statutes at Large, page 465), entitled "An Act to consolidate national forest lands," be, and the same is hereby, amended by adding the following section thereto : SEC. 2. Either party to an exchange may make reservations of timber, minerals, or easements, the values of which shall be duly considered in determining the values of the exchanged lands. Where reservations are made in lands conveyed to the United States the right to enjoy them shall be subject to such reasonable conditions respecting ingress and egress and the use of the surface of the land as may be deemed necessary by the Secretary of Agriculture; where mineral reservations are made in lands conveyed by the United States it shall be so stipulated in the patents, and that any person who acquires the right to mine and remove the reserved deposits may enter and occupy so much of the surface as may be required for all purposes incident to the mining and removal of the minerals therefrom, and may mine and remove such minerals upon payment to the owner of the surface for damages caused to the land and improvements thereon: Provided, That all property, rights, easements, and benefits authorized by this section to be retained by or reserved to owners of lands conveyed to the United States shall be subject to the tax laws of the States where such lands are located. Approved, February 28, 1925. SUSPENSION ANNUAL ASSESSMENT WORK [PUBLIC LAW 107-81ST CONGRESS] [CHAPTER 221-1ST SESSION] [H. R. 1754] AN ACT Providing for the suspension of annual assessment work on mining claims held by location in the United States and enlarging the liability for damages caused to stock raising and other homesteads by mining activities Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provision of section 2324 of the Revised Statutes of the United States, which requires on each mining claim located, and until a patent has been issued therefor, not less than $100 worth of labor to be performed or improvements aggregating such amount to be made each year, be, and the same is hereby, suspended as to all mining claims in the United States until the hour of 12 o'clock meridian of the 1st day of July 1949: Provided, That every claimant of any such mining claim in order to obtain the benefits of this Act shall file, or cause to be filed, in the office where the location notice or certificate is recorded, on or before 12 o'clock meridian of August 1, 1949, a notice of his desire to hold said mining claim under this Act: Provided further, That any labor performed or improvements made on any such mining claim during the year ending July 1, 1949, may be credited against the labor or improvements required to be performed or made for the year ending at 12 o'clock meridian on the 1st day of July 1950. SEC. 2. Notwithstanding the provisions of any Act of Congress to the contrary, any person who hereafter prospects for, mines, or removes, by strip or open pit mining methods, any minerals from any land included in a stock raising or other homestead entry or patent, and who had been liable under such an existing Act only for damages caused thereby to the crops or improvements of the entryman or patentee, shall also be liable for any damage that may be caused to the value of the land for grazing by such prospecting for, mining, or removal of minerals. Nothing in this section shall be construed to impair any vested right in existence on the effective date of this section. Approved June 17, 1949. SUSPENSION ANNUAL ASSESSMENT WORK AND PAYMENT FOR HOMESTEAD SURFACE USE [PUBLIC LAW 115-81ST CONGRESS [CHAPTER 232-1ST SESSION] AN ACT Providing for the temporary deferment in certain unavoidable contingencies of annual assessment work on mining claims held by location in the United States, and enlarging the liability for damages caused to stock raising and other homesteads by mining activities Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the performance of not less than $100 worth of labor or the making of improvements aggregating such amount, which labor or improvements are required under the provisions of section 2324 of the Revised Statutes of the United States to be made during each year, may be deferred by the Secretary of the Interior as to any mining claim or group of claims in the United States upon the submission by the claimant of evidence satisfactory to the Secretary that such mining claim or group of claims is surrounded by lands over which a right-of-way for the performance of such assessment work has been denied or is in litigation or is in the process of acquisition under State law or that other legal impediments exist which affect the right of the claimant to enter upon the surface of such claim or group of claims or to gain access to the boundaries thereof. SEC. 2. The period for which said deferment may be granted shall end when the conditions justifying deferment have been removed: Provided, That the initial period shall not exceed one year but may be renewed for a further period of one year if justifiable conditions exist: Provided further, That the relief available under this Act is in addition to any relief available under any other Act of Congress with respect to mining claims. SEC. 3. All deferred assessment work shall be performed not later than the end of the assessment year next subsequent to the removal or cessation of the causes for deferment or the expiration of any deferments granted under this Act and shall be in addition to the annual assessment work required by law in such year. SEC. 4. Claimant shall file or record or cause to be filed or recorded in the office where the notice or certificate of location of such claim or group of claims is filed or recorded, a notice to the public of claimant's petition to the Secretary of the Interior for deferment under this Act, and of the order or decision disposing of such petition. SEC. 5. Notwithstanding the provisions of any Act of Congress to the contrary, any person who hereafter prospects for, mines, or removes by strip or open pit mining methods, any minerals from any land included in a stock raising or other homestead entry or patent, and who had been liable under such an existing Act only for damages caused thereby to the crops or improvements of the entryman or patentee, shall also be liable for any damage that may be caused to the value of the land for grazing by such prospecting for, mining, or removal of minerals. Nothing in this section shall be considered to impair any vested right in existence on the effective date of this section. Approved June 21, 1949. DEPARTMENT MANUAL OF MINING LAWS LODE AND PLACER MINING REGULATIONS Part 185, Title 43 of the Code of Federal Regulations As Amended (United States Department of the Interior, General Land Office) This pamphlet contains the codification of the rules and regulations assigned to part 185, title 43, of the Code of Federal Regulations, as amended to and including November 1, 1940. The regulations were codified and published pursuant to section 11 of the Federal Register Act, as amended (50 Stat. 304; 44 U. S. C., Sup. 311). Part 185 contains the general mining regulations. The mining laws are contained in chapter 2, title 30 of the United States Code. Special regulations relating to the location and entry of mineral lands in Alaska are contained in part 69, title 43, of the Code of Federal Regulations. The Federal Register Act makes the documents which were codified and published pursuant thereto prima facie evidence of the text of such documents and of the fact that they are in full force and effect on and after the date of publication. For the text of the regulations issued after November 1, 1940, the daily issues of the Federal Register and pamphlet copies of the regulations issued by the General Land Office should be consulted. 185. 1 185.2 re Lands subject to location and pur- 185. 20 Failure of a co-owner to contribute chase. 185. 19 Annual assessment work not quired after patent certificate. to annual assessment work. Tunnel sites Possessory right of tunnel proprietor. 185. 22 Location of tunnel claims. 185. 4 Who may make locations. SUBPART B-Nature of mining claims 185. 25 Maximum allowable acreage. authorized in 10-acre Lode claims units. 185. 76 SUBPART E-General Citizenship of corporations and of associations acting through agents. Citizenship of individuals. 185. 42 Certificate of expenditures and im- 185.77 Officers before whom affidavits of provements. citizenship may be taken. Possessory right mineral surveys. 185. 43 Basis for certificate. 185. 44 Mineral surveyor's report of expenditures and improvements. 185. 78 Right by occupancy. 185. 79 185.45 Supplemental proof of expenditures 185. 80 Certificate of court required. Corroborative proof required. and improvements. Adverse claims 185. 46 Amended mineral surveys. 185. 47 Surveyors may not act as attorneys for claimants. 185. 48 Parties who may not assist in making surveys. 185. 49 Contract for surveys. 185.50 Appointment of mineral surveyors. 185. 51 Payment of charges of the Public Survey Office. 185.52 Plat and notice to be posted on claim. 185. 53 Proof of posting on the claim. 185. 54 Application for patent. 185. 55 Procedure in case of conflict of record. 185.56 Abstract of title. 185. 57 Evidence relating to destroyed or lost records. 185. 58 Publication in newspaper and posting in district land office. 185. 59 Contents of published notice. 185. 60 Register to designate newspaper. 185. 61 Proof by applicant of publication and posting. 185. 85 Termination of adverse suit. 185.86 Certificate required when no suit commenced. Fees 185. 87 Fees of registers. Charges for newspaper publications 185.88 Charges not to exceed legal rates. Protests, contests, conflicts, and segregations 185.89 Protests against mineral applications. 185.90 Procedure in contest cases. 185.91 Presumption as to land returned as mineral. 185. 92 Procedure to dispute record character of land. 185.93 Testimony at hearings to determine character of lands. 185.94 Segregation of mineral from agricultural land. 185.95 Effect of decision that land is mineral. 185.96 Report of approval of mineral survey. 185. 97 Agricultural entry of residue of subdivisions invaded by mining claims. SUBPART A-LOCATIONS GENERAL STATEMENT Section 185.1 Lands subject to location and purchase. Vacant public surveyed or unsurveyed lands are open to prospecting, and upon discovery of mineral, to location and purchase, as are also lands in national forests in the public-land States, lands entered or patented under the stock raising homestead law (title to minerals only can be acquired), lands entered under other agricultural laws but not perfected, where prospecting can be done peaceably, and lands within the railroad grants for which patents have not issued.* 22 [Par. 3, Circ. 1278, Mar. 12, 1935, 55 I. D. 235] 22 Mining locations may be made in the States of Arizona, Arkansas, California, Colorado, Florida, Idaho, Louisiana, Mississippi, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, aWshington and Wyoming, also in the Territory of Alaska. Lands in national parks and national monuments are not subject to mining location except in the following cases: The Death Valley National Monument, California, to which the mining laws were extended by the Act of June 13, 1933 (48 Stat. 139; 16 U. S. C. 447), with a reservation of surface rights, the Mount McKinley National Park and the |