[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR251.11]

[Page 300-301]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 251_LAND USES--Table of Contents
 
                    Subpart A_Miscellaneous Land Uses
 
Sec. 251.11  Governing mining locations under the mining laws of the
United States within that portion of the Black Hills National Forest,

State of South  Dakota, designated as the Norbeck Wildlife Preserve.

    (a) Whoever locates a mining claim within the Norbeck Wildlife 
Preserve must, within 10 days after posting the location notice upon 
such claim, file a true copy of such location notice with the Forest 
Supervisor of the Black Hills National Forest at Custer, South Dakota, 
and further, within 10 days after said location notice is filed for 
record pursuant to the State laws of South Dakota, a true copy of the 
recorded location certificate must be filed with said Forest Supervisor.
    (b) All mining locators shall in all developments and operations 
make all reasonable provisions for the disposal of tailings, dumpage, 
and other deleterious materials or substances in such manner as to 
prevent obstruction, pollution, or deterioration of the land, streams, 
ponds, lakes, or springs, as may be directed by the Forest Supervisor.
    (c) All slash resulting from cutting or destruction of forest growth 
incident and necessary to mining operations must be disposed of as 
directed by the Forest Supervisor.
    (d) 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 Black Hills National Forest, and such 
cutting and removal of timber shall be as directed by the Forest 
Supervisor.
    (e) No use of the surface of a mining 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 developments.
    (f) When any road is to be built for mining purposes upon a mining 
claim, the locator must apply to the Forest Supervisor for the 
applicable rules and regulations governing the construction and 
maintenance of roads within the Black Hills National Forest, and such 
road will be built in accordance with such specifications and in such 
locations as the Forest Supervisor may direct.
    (g) In conducting mining operations the locator, his agents, 
representatives, or employees, or other persons whose presence in the 
area or in the vicinity thereof, is occasioned by such mining 
operations, shall use due diligence in the prevention and suppression of 
fires, and shall, when requested by the Forest Supervisor, or his 
authorized representative, be available for service in the 
extinguishment and suppression of all fires occurring within the 
Preserve: Provided, That if such fire does not originate through any 
negligence on the part of the locator, his agents, representatives, or 
employees, or other persons whose presence in the area or in the 
vicinity thereof, is occasioned by such mining operations and does not 
threaten the structures, improvements or property incident to

[[Page 301]]

the mining operation, such persons shall be paid for their services at 
the current rate of pay of fire fighters employed by the United States.
    (h) Nothing contained in this section shall be construed to relieve 
the locator from complying with any requirements of the laws of the 
State of South Dakota, nor from compliance with or conformity to any 
requirements of any Federal law or regulation now existing or which 
later may be enacted or promulgated, and applicable to the subject 
involved in this section.

[13 FR 4792, Aug. 19, 1948, as amended at 48 FR 31854, July 12, 1983]