5509.11,50
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     FSH 5509.11 - TITLE CLAIMS, SALES, AND GRANTS HANDBOOK
                    WO AMENDMENT 5509.11-92-4
                        EFFECTIVE 8/3/92

                   CHAPTER 50 - MINING CLAIMS


51 - OCCUPANCY BASED UPON MINING CLAIMS.  Most of the reserved 
National Forest lands are subject to the location of certain 
minerals under the Mining Law of 1872, as amended (30 U.S.C. 21-
54, et seq.) (FSM 2803).

A mining claimant acquires certain rights that are explained in 
more detail in FSM 2810, particularly in FSM 2813.  In brief, the 
mining claimant is entitled to prospect, locate, and mine 
locatable minerals and to reasonably use the ground surface for 
that purpose.  The holder of a mining claim is also entitled to 
claim access subject to the Secretary of Agriculture's rules and 
regulations.  Upon the discovery of a valuable mineral in 
commercial quantities, the claim may be eligible for a mineral 
patent (FSM 2815).

Procedures to eliminate uses of the surface where such uses are 
not reasonably necessary or where the claimant is not actually 
involved in authentic minerals-related activities are in FSM 
2818.  Such use is an encroachment upon National Forest System 
lands.

52 - ACTIONS AFTER CLAIM HAS BEEN DECLARED NULL AND VOID.

Upon being notified that a Department of the Interior decision 
declaring the claim null and void has become administratively 
final, the Forest Supervisor shall take action to resolve the 
unauthorized occupancy pursuant to FSM 2818 and FSM 5335.

If the administrative decision is appealed, protested, or 
occupancy continues, the Forest Supervisor will make attempt to 
stop the unauthorized occupancy through additional contacts with 
the individual.  If the encroachment cannot be terminated through 
negotiation or an administrative resolution is not appropriate, 
initiate procedures to obtain a court order.  If not done 
previously, prepare a trespass (report FS-5500-U), using the 
format in FSM 5343.  Include pertinent mining claim related 
information.  Refer also to FSM 2828 and chapter 10 of this 
handbook for supplemental information.