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U.S. Code as of:
01/19/04
Section 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.
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