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Show Mining Law Explained On Forest Property The search for names and ad dresses of persons Interested In unpatented mining claims located locat-ed within Dixie National Forest, will begin within the near future. fu-ture. It Is announced by Howard Foulger, forest supervisor. This work is for the purpose of allowing allow-ing the multiple use management manage-ment of the surface resources of unpatented claims as provided in Section 5 of the new mining law (P. L. 167, enacted July 23, 1955). Because of the numerous questions ques-tions regarding the requirements of the new law and how it affects af-fects claimants the following information in-formation may be of help to persons per-sons holding unpatented mining j claims. The new law provides for an examination and search to obtain ob-tain the names and addresses of. persons who are In actual pos- session or occupancy or who are, working the lands. This search Is not an examination to determine the mineral character of the land. The new law provides that when the search Is completed a notice will be published In a local newspaper for nine weeks, describing the area search, and advising claim-holders that they have a 150-day period from the date of first publication to file a statement of their Intention to assert their rights to the surface sur-face resources on claims located prior to the enactment of P.L. 167 (July 23, 1955). Where ground search or search of Tract Indices in the county recorder's re-corder's office discloses names and addresses of persons In possession pos-session or oceupancv or working the lands, they will receive a personal notice fmm the U. S. Forest Service. Any claimant not wishing or unable to watch for a publication in a newspaper can obtain a personal notice by filing fil-ing with the county recorder's office of-fice a request to receive a personal per-sonal notice. Forms for this pur-nose pur-nose may be obtained from the Bureau of Land Management. The response a mining claimant claim-ant makes to this published notice no-tice will vary depending on his Individual wishes and purposes. Normally, he has one of the three following options: 1. The claimant can Ignore the notice. If he does this, his claim automatically comes under the new law and the Government assumes as-sumes control of vegetative and surface resources and may construct con-struct roads across the claim. However, the Government can not make any use of the surface which Interferes with legitimate mining. It the government sells timber from the claim and it later develops that the claimant needs timber to replace that which has been sold, the Government Govern-ment must provide free an amount equivalent to that sold. The claimant receives full title to all surface and subsurface resources re-sources when he obtains patent. 2. He may execute a waiver whereby he relinquishes all sur. face rights on his claim which are contrary to the surface rights that the Government would have under the act for claims located after July 23, 1955. 3. If the claimant wishes to retain re-tain the surface rights he had prior to the passage of P.L. 167, he may file a verified statement that sets forth: (a) the date of location of hlsi claim j (b) book and page where no- tlce or certificate of location Is recorded (c) the location of his claim (d) whether he is the locator or purchaser under such location loca-tion i (e) his name and address and names and addresses of ether eth-er persons claiming an interest in-terest to the claim. If he files this statement, Government Gov-ernment mining engineers will make a detailed mineral exam-1 exam-1 (nation of his claim. If this ex-lamination ex-lamination discloses that the claimant has made a mineral i discovery no hearing will be re quired. However, If mineral dis-. covery Is considered to be lacking, lack-ing, then the claimant will be, notified that a hearing will be necessary to determine his right to control the surface resources. The hearing will be held and the decision rendered under thj direction of of Department of Interior In-terior Hearings Examiner. If the hearing examiner renders a decision de-cision favorable to the claimant, 'he retains the surface rights which existc l prior to the passage of P. L. 1G7. If the decision is against the claimant, his claim comes under the new law and the Gov. will assume control of vegetatives & surface resources. Under this control, the surface will be used for purposes of man-j man-j aging and administering the land ionly to the extent not interfering with legal mining orxrations. 'This puts the claim In the same I category as those claims fori which the owners have Ignored the published or personal notice. A decision rendered against the claimant does not take away his claim nor does It open the ground for relocation by another claimant. There arc sound reasons why the application of P.L. 167 should nt stimulate anv major concern con-cern In the minds of mining claimants. Tue new law was passed with , the support of the mining Indus try. It does not change the lonrj standing practices for legitimate i prospecting, finding and developing devel-oping mineral resources or locating locat-ing claims within the national forests. The mining laws co-tinue co-tinue to protect and reward individuals in-dividuals who discover the mineral min-eral resources of the nation. Fb-11c Fb-11c law 167 establishes a aimrJe and equitable way to resolve surface sur-face rights on abandoned oar Invalid In-valid mining claims which have prevented the Government from selling timber valued at million of dollars and In making other uses of surface resources. When P.L. 167 was signed Into law. President Eisenhower remarked that this legislation is "one of the most important conservation measures affecting public lands that has been enacted In many years." The first area to be searched this year Is the St. George, DSR, which comprises that part of that Dixie National Forest In Townships Town-ships 38 South, R 13 West. R 14 West; Township 39 South. R 13 West, R 14 West, R 15 West. R 18 West, R 17 West, R 18 West; Township 40 South. Rnge 13 West, R 14 West, R 15 West. K 18 West; Township 14 West, B 13 , West, Salt Lake Meridian. The search will be conducted by Albert McEIhlney of the U. 3. Forest Service. |