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Show Information Is Given on New Mining Law According to Forest Supervisor C. S. Thoraock, a U.S. Forest Service Ser-vice representative will begin ex-aming ex-aming lands in the Uinta National Forest for the puipose of clarifying jurisdiction of the surface resources resour-ces of unpatented mining claims as provided in Section 5 of the new mining- law (P.L.167 enacted July 23, 1955). Because of the numerous questions regarding the requirements require-ments of the new law and how it affects mining claimants, the following information may be of help to persons' holding unpatented mining claims. The new law provides for an examination ex-amination and search to determine the names and addresses of persons who are in actual possession or occupancy oc-cupancy or 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 news-paper for nine weeks, describing the area searched, and advising the claim holders that they have a 150-day 150-day period from the date of first publication to file a statement of their intention to retain rights to the surface on claims located prior to the enactment of P.L. 167 (July 23, 1955). The information which must be inducted in the statement will be described in the published notice and can also be obtained from the Bureau of Land Management. Manage-ment. The statement must be notarized no-tarized and filed with the Bureau jf Land Management at Salt Lake City, Utah within 1P0 days of the date of first publication. Where ground search or search of Tract Indices in the County Recorder's Office discloses names and addresses of persons in possession pos-session or occupancy or working the lands, they will receive a personal per-sonal notice fnorn the U.S. F'orest Service. Any claimant not wishing wish-ing or unable to watch for a publication pub-lication in a newspaper can obtain ob-tain a personal notice by filing with the County Recorder's Office a request to receive a personal notice. no-tice. Forms for this purpose may be obtained from thte Bureau of Land Management. The response a mining claimant claim-ant makes to the published notice will vary depending on his individual individ-ual wishes and purposes. Noimally, he has one of the two following options: First, the claimant can ignore the notice. If he does this, his claim automatically comes undler the new law and the Government assumes control of vegetative and surface resources and may construct con-struct roads across the claim. However, How-ever, the Government can not make any use of the surface which interferes inter-feres with legitimate mining. If the Government sells timber from the claim and it later develops that the claimant needs timber to replace re-place that which has been sold, the Government must provide free an amount equivalent to that sold. The claimant receives full title toi all surface and subsurface resources when he obtains patent. Secondly, .if the claimant wishes to retain the surface rights he had prior to the passage of P.L. 167, he must file a statement of his intention inten-tion to do so. If he does this, Government Gov-ernment mining engineers will make . a detailed mineral examination examin-ation of his claim. If the examination examin-ation discloses that the claimant has made a mineral discovery no hearing will be required. However, if mineral discovery is oonsidered to be lacking, then the claimant will be notified that a hearing will be necessary to determine his right to control the surface resources. This hearing will be held and the dleoision rendered under the direction direc-tion of a Department of Interior Hearings Examiner. If the hearing examiner renders a decision favorable favor-able to the claimant, he retains the surface rights which existed prior to the passage of P.L. 167. If the decision is against the claimant, claim-ant, his claim comes mider the now law and the Government will assume control of vegetative and surface resources. Under this control, con-trol, the surface will be used for puiposes of managing and administering admin-istering the land only to an extent not interferig with legitimate mining min-ing operations. This puts the claim in the same category as these claims for which Uie owner ignored ignor-ed the published or pergonal notice. A decision rendered against the claimant doss not take away his claim nor does it open the ground to relocation by another claimant. There are sound reasons why the application of Public Law 167 should not stimulate any major concern in the minds of mining claimants. The new law was passed with the support of the mining industry. in-dustry. It does not change the long standing practices for legitimate prospecting, finding and developing develop-ing mineral resources or locating ! claims within the national forests, j The mining laws continue to pro-: pro-: t-ct and reward individuals who discover the mineral resources of the nation. Public law 167 estab-: estab-: lishes a simple and equitable way : to resolve surface rights on aban-jdoned aban-jdoned or invalid mining claims which have prevented the Govern-'mmt Govern-'mmt from selling timber valued I at millions of dollars and making I other uses of surface resources. When Public Law 167 was signed into law, President Eisenhower re marked that this legislation is "one of the m.-st important conservation measures affecting public land.s that has been enacted in many years. j The first area to be searched is I the area which comprises that part i of the Uinta National Forest in 'Townships 3 S to 5 S, P-anges 2 & 3 E, S.L.E.M. Supervisor Thom-ock Thom-ock says the search will be conducted con-ducted by W. D. Canringer of the - U.S. Forest Service. |