Salt Lake Paper - Mining Claims within the National Forests (with Discussion)

When the National Forests were created, all lands embraced in their boundaries were exempted from all forms of entry, except mineral claims. Later, by Act of June 11, 1906, and as amended by Act of Aug. 10, 1912, provision was made allowing homesteads on areas chiefly valuable for agriculture and not necessary for the public use. Patents to mining claims in the Forests are granted the same as on land not in the Forests, irrespective of timber or other values. It is the policy to encourage the highest use of the Forests. As a business proposition, it is a good policy to have mines developed in the Forests. Their development in remote or inaccessible regions causes the country to be opened up and, in addition to the local market which the mines create, means of transportation are afforded to outside markets. No examination of mining claims is made until patent has been applied for, unless they are actively interfering with the administration of the Forest. In this case, an examination is made, and if there is evidence that the claims are being held in good faith they are in no way interfered with. Timber is never sold from a mining claim except with the consent of the claimant, or unless it is clearly shown, after an examination, that the claim is abandoned. In the case of fire-killed timber, which rapidly deteriorates by standing, a contract bond arrangement can be made for the sale of the timber which protects the interests of both the mining claimant and the government. The promiscuous locating of mining claims has in the past caused considerable trouble. It has been, and still is, the custom in some parts of the West to locate a mining claim when the surface rights of any particular area are desired, irrespective of the mineral character of the ground. This has been done to hold power sites, town sites, summer residences, springs, etc. When the ground is desired for any of these purposes, what is known as a Special Use Permit will be issued at a nominal sum, to legalize the occupancy. In most instances, it is far cheaper to take out one of these permits than to do the annual assessment work on a mining claim, but, of course, patent to the ground cannot be obtained in this manner. If mineral were discovered on the land covered by a Special Use Permit, it would ordinarily be the policy to cancel the permit if it were clearly