Papago Indian Reservation, Arizona: The Act of June 18, 1934 (25 U.S.C. 461–479) as amended, restores from temporary withdrawal mineral location and entry under the United States Mining Laws, but imposes additional requirements for recording locations with the superintendent of the reservation, payment of annual rental to the tribe and a fee in lieu of the annual rental at time of patent. See 43 C.F.R. 3825.
National Park Service Areas: National parks and national monuments are, as a general rule, closed to mining, but there are exceptions, subject to special rules, regulations, and reservations in the patent. These special areas are: Mt. McKinley National Park, Alaska (see 43 C.F.R. 3826.1); Olympic National Park, Washington (see 43 C.F.R. 3826.2); Death Valley National Monument, California (see 43 C.F.R. 3826.3); Glacier Bay National Monument, Alaska (see 43 C.F.R. 3826.4); Organ Pipe Cactus National Monument, Arizona (see 43 C.F.R. 3826.5). The Act of September 28, 1976 (90 Stat. 1342, 16 U.S.C. 1901) prohibits further mining locations in these national parks and monuments.
King Range National Conservation Area, California: Mining claims are not prohibited, but those located after October 21, 1970 are subject to strict regulations and inspection of all mining activity (see 43 C.F.R. 3827).
1–25 Acquired Lands: Minerals on acquired lands are not generally open to mineral entry. These minerals are possibly subject to leasing only (see 43 C.F.R. 3500).
1–26 Update: In order that mineral surveyors may keep abreast of new laws it is desirable that the Office of Chief, Division of Cadastral Survey, Washington, D.C. keep the mineral surveyors advised, furnishing copies of the Acts and pertinent regulations, so far as it is practicable to do so. Mineral surveyors may also keep abreast of new legislation through the local offices of the BLM, their congressmen and by becoming members of local mining associations and attending their meetings.
State Mining Laws
1–27 Both the Acts of 1866 and 1872 provided for recognition of “local customs or rules of miners in the several mining districts so far as the same are applicable and not inconsistent with the laws of the United States.”
(R.S. 2319, 30 U.S.C. 22). C.F.R. 3831.1 states in part “(c) complying with the State Laws, regarding the recording of the location in the county recorder’s office, discovery work, etc. As supplemental to the United States mining laws there are State statutes relative to location, manner of recording of mining claims, etc., in the State, which should also be observed in the location of mining claims.”
43 C.F.R. 3841.4–2 states in part: “... 600 feet in width, but whether surface ground of that width can be taken depends upon the local regulations of State or Territorial laws in force ....” and 43 C.F.R. 3841.4–6 “the location notice must be filed for record in all respects as required by the State or Territorial laws, and local rules and regulations if there be any.”
Requirements of State law as to mining locations must be complied with if they are not repugnant to the United States mining laws. South Dakota v. Madill, 53 I.D. 195 (1930).