tional the time within which an adverse claim may be filed.'

§ 69.10

Period allowed for institution of adverse suits.

(a) It is also provided by the act that adverse suits may be instituted at any time within 60 days after the filing of adverse claims in the land office. This provision applies to any adverse claim which is seasonably filed.

(b) Managers of the land offices in Alaska will exercise the greatest care in applying the provisions of the act, and will allow no mineral entry until after the expiration of the full period granted for the filing of adverse claims. For example, on any application under which the publication period ended with or after June 7, 1910, no entry will in any event be allowed until after the expiration of the 8 months' period following the publication period.

AREAS SUBJECT TO SPECIAL LAWS

8

§ 69.11 Mineral deposits in the Glacier Bay National Monument.

(a) Under the act of June 22, 1936 (49 Stat. 1817), the lands in the Glacier Bay National Monument, reserved by proclamation of February 26, 1925 (43 Stat. 1988), or as it may be extended are open to prospecting for the kinds of mineral now subject to location under the United States mining laws, and, upon discovery

7 The Act of June 7, 1910 supra was repealed by Public Law 87-260, September 21, 1961 (75 Stat. 541) with certain saving provisions as to patent applications filed before the date of the Act.

9 Mining locations may be made on lands in the Mount McKinley National Park, under the provisions of the act of February 26, 1917 (39 Stat. 938; 16 U. S. C. 347-354) which expressly provides that the United States mining laws shall be applicable to mineral lands in that area.

Lands segregated for classification or sold under the Alaska Public Sale Act of August 30, 1949 (63 Stat. 679, 48 U. S. C. 364a-364e) are subject to mining location, under the provision of section 3 of that act for the development of the reserved minerals under applicable law, including the United States mining laws, and subject to the rules and regulations of the Secretary of the Interior necessary to provide protection and compensation for damages from mining activities to the surface and improvements thereon. Such mining locations are subject to the applicable general regulations in Parts 69 and 185 and to the additional conditions and requirements in § 75.35 of this chapter.

87170-63- -6

of any such mineral, locations may be made in accordance with the provisions of the mining laws and regulations thereunder. Such locations, duly made, will carry all the rights and incidents of mining locations, except that they will give to the locator no title to the land within their boundaries or claim thereto except the right to occupy and use so much of the surface of the land as required for all purposes reasonably necessary to mine and remove the minerals, such occupation and use to be under general regulations prescribed by the Secretary of the Interior.

(b) The owner of a mining location may cut such timber within the boundaries of his claim as is necessary for mining purposes. Prospectors may cut timber for their necessary mining and domestic uses only with the permission of the custodian of the monument or his representative who will designate the timber to be cut. All slash, brush or debris resulting from the cutting of timber upon mining claims or by prospectors shall be disposed of by the claimant or prospector in such manner and at such time as may be designated by the National Park Service officer in charge so as to prevent the creation of fire hazards, or conditions conducive to the development of infestation by timber-destroying insects.

(c) Prospectors or miners shall not open or construct roads or vehicle trails without first obtaining a permit from the Director of the National Park Service. Applications for such permits may be made through the officer in charge of the monument upon submitting a map or sketch showing the location of the mining property to be served and the location of the proposed road or vehicle trail. The permit may be conditioned upon the permittee maintaining the road or trail in a passable condition so long as it is used by the permittee or his successors.

(d) Occupation and use of the surface of an unpatented mining claim is restricted by the general law to such as is reasonably incident to the exploration, development and extraction of the minerals in the claim. Accordingly, any locator or patentee of a mining claim located under this act will be entitled to such right. Upon written permission of the Director of the National Park Service or his representative, the surface of such claim may be used for other specified purposes, the use to be on such condi

Page 75

tions and for such period as may be prescribed when permission is granted.

(e) Prospectors and miners shall at all times conform to any rules prescribed or which may be made applicable by the Director of the National Park Service to the national monument.

(f) The Park regulations for the protection of wild life provide:

The national monument is a sanctuary for wild life of every sort, and all hunting, or the killing, wounding, frightening, capturing or attempting to capture at any time of any wild bird or animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited.

Firearms, traps, seines, and nets are prohibited within the boundaries of the monument, except upon written permission of the custodian or his representative.

(g) The right of occupation and use of the surface of the land embraced in the boundaries of a location, entry or patent pursuant to the act of June 22, 1936, will terminate when the minerals are mined out or the claim is abandoned. Any owner of an unpatented location who fails to perform annual assessment work on his claim for any assessment period will be assumed to have abandoned his claim and his right of occupation and use of the surface of the claim considered at an end.

(h) Applications for patents and final certificates issued thereon for mining claims in this monument should be noted "Glacier Bay National Monument Lands", and all patents issued for claims under the act will convey title to the minerals only, and contain appropriate reference to the act and the regulations issued thereunder.

(R. S. 2478; 43 U. S. C. 1201)

CROSS REFERENCE: For general mining regulations, see Part 185 of this chapter.

MINING FOR GOLD AND OTHER PRECIOUS METALS IN BEDS AND ALONG

THE IN

AUTHORITY: §§ 69.12 to 69.18 issued under sec. 26, 31 Stat. 329, as amended; 48 U. S. C. 381.

§ 69.12 Purpose and authority.

The act of August 8, 1947 (61 Stat. 916) amends section 26 of the act of June 6, 1900, as amended (31 Stat. 321, 52 Stat. 588; 48 U. S. C. 381) to authorize the exploration and mining for gold and other precious metals in Alaska in land

below the line of ordinary high tide on tidal waters and below the line of ordinary high water mark on nontidal waters navigable in fact, subject to certain conditions. It is the purpose of §§ 69.12 to 69.18, inclusive, to set forth the conditions under which such exploration and mining operations may be conducted.

§ 69.13 Filing of notice of intention to mine.

Any citizen of the United States, any person who has legally declared his intention to become such, any association of such citizens, or any corporation organized under the laws of the United States or of any State or Territory thereof, shall, before commencing actual operations, file a notice of intention to mine or dredge for gold and other precious metals in any of the land described in the preceding section. This notice must be filed in triplicate in the nearest land office, and should contain (a) the full name, address and citizenship of the person filing the notice, (b) a description of the place where the dredge will be initially located or the mining operations otherwise commenced, such place to be connected where practicable by course and distance to a corner of the public land survey on the shore, or if there are no surveyed lands in the vicinity, with the nearest, readily-ascertainable geographical or topographical point, (c) a statement that actual dredging or mining operations will be commenced no later than 90 days after the date of filing of the notice, and (d) a statement that the dredging or other mining operations will comply with all pertinent regulations and laws. § 69.14

Area to be dredged.

In order to assure the preservation of order and the avoidance of conflict, each dredge commencing operations in accordance with §§ 69.12 to 69.18, inclusive, shall not be interfered with by other dredging or mining operations within an area of 200 feet in the direction of either bank and within a space of 500 feet up or down stream. This area shall be indicated by properly placed buoys. Other dredges or boats are to have access to such area for passage and navigational purposes, but, while passing through that area, are not to extract any minerals nor engage in any dredging or moving of materials except as may be necessary for the actual movement of the equipment.

§ 69.15

Restrictions on dredge location.

No dredge shall be placed in a position or be so operated as to interfere with the free passage of boats on nontidal waters navigable in fact or along the shore line of tidal waters, or interfere with the landing at any public wharf, or with other authorized means for landing stores or supplies. No dredge shall be located nearer to the shore than 100 feet from the line of ordinary low tide on tidal waters. Nor shall any dredge be located within the limits of frontage occupied by any townsite, mission or trading company with established entry under the law.

§ 69.16 Laws for the protection of navigable waters and fisheries.

No dredging or other mining operations shall be conducted unless all the applicable laws and regulations relating to navigable waters and to the protection of fisheries are complied with.

CROSS REFERENCE: The regulations of the Fish and Wildlife Service of the Department of the Interior concerning fisheries are codified in 50 CFR Chapter I. For regulations of the Department of the Army concerning navigable waters, see 33 CFR Chapter II. § 69.17 Prior rights protected.

No dredging or other mining shall in any way be deemed to affect or impair any valid claims, rights or privileges arising under any other provision of law, including possessory claims under the first proviso of section 8 of the act of May 17, 1884 (23 Stat. 26).

§ 69.18 No title to be acquired; rights of future States.

No dredging or other mining operations shall authorize, or be permitted to lead to, the acquisition of title to any of the land dredged or mined. Any privileges acquired with respect to mining operations in land, title to which is later transferred to a future State upon its admission to the Union, and which is situated within its boundaries, shall be terminable, by such State, and the mining operations shall be subject to the laws of such State.

of August 7, 1939 (53 Stat. 1243; 48 U.S.C. 353), which provided for the disposition under the mining laws of the United States, of the minerals in the lands reserved to the State of Alaska for educational uses. No valid claim may, therefore, be initiated under the mining laws after March 5, 1952, on lands reserved to the State for educational uses.

(b) Unsurveyed public lands which when surveyed will be sections reserved for educational uses, will, until the survey of the lands in the field but not thereafter be subject to the operation of the mining and mineral leasing laws in like manner as other public lands. § 69.20 Mining locations, entries and patents.

(a) Section 1 of the act of March 4, 1915, as amended, provides that nothing in that act shall affect any lands subject to or included in any valid application, claim, or right initiated or held under any laws of the United States, unless and until such application, claim, or right is extinguished, relinquished or cancelled. Therefore, any valid mining location or claim initiated prior to March 5, 1952, shall remain intact, subject to compliance with the mining laws and regulations thereunder applicable to the State, and subject to the rights of State lessees. All proceeds or income derived by the United States from the disposition of the lands or the minerals therein under such outstanding mining claims shall be appropriated and set apart as permanent funds in the State treasury.

(b) Controversies between State lessees and owners of mining claims on the same land involving the right of possession, occupancy and use of lands, or liability for damages, are matters within the jurisdiction of the local courts.

PART 72-PUBLIC USES

SALE OF PUBLIC LANDS TO RELIGIOUS OR FRATERNAL ASSOCIATIONS OR PRIVATE CORPORATIONS FOR CEMETERY PURPOSES

Sec.

72.1 Statutory authority; governing regulations.

"Repealed by Section 6(k) Public Law 85508, July 7, 1958 (72 Stat. 343) effective upon admission of the State of Alaska into the Union. See Part 51 in this subchapter.

SALE, GRANT, OR LEASE OF PUBLIC LANDS FOR RECREATION AND PUBLIC PURPOSES

Sec.

72.2 Statutory authority; governing regulations.

AUTHORITY: §§ 72.1 and 72.2 issued under sec. 4, 39 Stat. 518; 43 U. S. C. 363. Statutory provisions interpreted or applied are cited to text in parentheses.

SOURCE: §§ 72.1 and 72.2 appear at 19 F.R. 8869, Dec. 23, 1954.

SALE OF PUBLIC LANDS TO RELIGIOUS OR FRATERNAL ASSOCIATIONS OR PRIVATE CORPORATIONS FOR CEMETERY PURPOSES § 72.1 Statutory authority; governing regulations.

The sale of public lands in Alaska to religious or fraternal associations or private corporations for cemetery purposes is authorized by the act of March 1, 1907 (34 Stat. 1052; 43 U.S.C. 682), and the regulations thereunder (Part 253 of this chapter).

(34 Stat. 1052; 43 U. S. C. 682)

SALE, GRANT, OR LEASE OF PUBLIC LANDS FOR RECREATION AND PUBLIC PURPOSES § 72.2 Statutory authority; governing regulations.

The sale, grant, or lease of public lands in Alaska to the State and its political subdivisions and to nonprofit associations and corporations for recreation and public purposes are authorized by the act of June 14, 1926 (44 Stat. 741), as amended June 4, 1954 (68 Stat. 173; 43 U.S.C. 869), and the regulations thereunder (Part 254 of this chapter). (44 Stat. 741, as amended, 68 Stat. 173; 43 U. S. C. 869)

would warrant the cancellation of a homestead entry of land elsewhere made under section 2289, R. S. (43 U. S. C. 161, 171); and contests of this character may be initiated at the proper land office by either the Government or any private person, and should be proceeded with in the same manner and given the same effect as contests against homestead entries elsewhere.

(R. S. 2478; 43 U. S. C. 1201) [19 F. R. 8869, Dec. 23, 1954]

PART 74-RIGHTS-OF-WAY

NOTE: Executive Order 3861, June 8, 1923, provides as follows: By virtue of the authority vested by the act of Congress approved March 12, 1914, entitled "An Act to authorize the President of the United States to locate, construct and operate railroads in the Territory of Alaska, and for other purposes", the Secretary of the Interior is hereby authorized and directed to operate the railroad or railroads, branch lines, feeders and telegraph and telephone lines incident thereto, constructed or acquired under the act of March 12, 1914, or acts supplemental thereto, in all respects and to all intents and purposes, the same as if the operation thereof had been placed by law under the jurisdiction of the Secretary of the Interior.

74.8

74.9

74.10

74.11

Preparation of maps and plats.

Data required on maps.

Data required in field notes; instruc

tions as to surveys.

Filing of papers.

Connections with other surveys.

Permanent monuments or marks.

74.12 Designation of termini.

74.14

74.13 Statement and certificates required. Additional width for right-of-way. Preliminary map and field notes. Scale of maps.

74.15 74.16 74.17

Plats of station, terminal, and junction grounds.

74.18 Showing required in application; service fee.

74.19

74.20

Statement and certificates required

when road is constructed.

Action where required evidence is not filed.

74.21 Charges for transportation of passengers and freight.

74.31

Homestead settlement or entry, exclusive of a strip reserved for a local road.

74.32 Statement required of applicants as to public roads.

74.33 Adjustment to official survey closing on through road.

AUTHORITY: §§ 74.1 to 74.33 issued under R. S. 2478; 43 U. S. C. 1201.

SOURCE: 74.1 to 74.33 appear at 19 F. R. 8869, Dec. 23, 1954, except as otherwise noted.

CROSS REFERENCES: For rights-of-way, see Parts 243-244 of this chapter. For rights-ofway over Indian lands, see 25 CFR Part 161. RIGHTS-OF-WAY FOR RAILROADS, WAGON ROADS, AND TRAMWAYS1

The rights-of-way for railroads, wagon roads, and tramways in the State of Alaska, granted by sections 2 to 9, inclusive, of the act of May 14, 1898 (30 Stat. 409; 48 U.S.C. 411-419) does not convey an estate in fee in the lands used for such purposes or in the lands used for station and terminal facilities. The grant is merely of a right of use for the necessary and legitimate purposes of the roads, the fee remaining in the United States, except as to lands authorized to be sold under section 6 by the Secretary of the Interior, "upon such expressed conditions as in his judgment may be necessary to protect the public interests." The nature of these conditions will depend upon the public necessities and will be governed by the particular circumstances of each case. These sections authorize the Secretary of the Interior to approve maps and plats affecting unsurveyed as well as surveyed land, and, while it is not obligatory on the part of grantees to file additional maps and plats after survey of the lands, showing

1 For forms 1 to 8, inclusive, referred to under §§ 74.1-74.21, see 50 L. D., pp. 75 to 78, inclusive.

All persons entering public lands, to part of which a right-of-way has attached, take the same subject to such right-of-way, the latter being computed as a part of the area of the tract entered.

§ 74.3 Condemnation of right-of-way.

Whenever any right-of-way shall pass over private land or possessory claims on lands of the United States, condemnations of the right-of-way across the same may be made in accordance with the provisions of section 4 of the said act of May 14, 1898.

§ 74.4 Incorporated companies.

(a) Any incorporated company desiring to obtain the benefits of this part is required to file the following papers and maps:

(1) A copy of its articles of incorporation duly certified to by the proper officer of the company under its corporate seal, or by the secretary of the State where organized.

(2) A copy of the State law under which the company was organized, with the certificate of the governor or secretary of the State that the same is the existing law.

(3) When said law directs that the articles of association or other papers connected with the organization be filed with any State or Territorial officer, the certificate of such officer that the same have been filed according to law, with the date of the filing thereof.

(4) A certificate from the Secretary of the State of Alaska showing that the Company has complied with the State law.

(5) The official statement, under seal of the proper officer, that the organization has been completed; that the company is fully authorized to proceed with the construction of the road according to the existing law of the State or Territory where organized. (Form 1.)1

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