APPENDIX THE COMMON VARIETIES ACT, AS AMENDED § 601. Rules and regulations governing disposal of materials; payment; removal without charge; lands excluded The Secretary, under such rules and regulations as he may prescribe, may dispose of mineral materials (including but not limited to common varieties of the following: sand, stone, gravel, pumice, pumicite, cinders, and clay) and vegetative materials (including but not limited to yucca, manzanita, mesquite, cactus, and timber or other forest products) on public lands of the United States, including, for the purposes of this subchapter, land described in sections 1181a-1181) of Title 43, if the disposal of such mineral or vegetative materials (1) is not otherwise expressly authorized by law, including, but not limited to, sections 315315m, 315n, 3150-1, and 1171 of Title 43, and the United States mining laws, and (2) is not expressly prohibited by laws of the United States, and (3) would not be detrimental to the public interest. Such materials may be disposed of only in accordance with the provisions of this subchapter and upon the payment of adequate compensation therefor, to be determined by the Secretary: Provided, however, That, to the extent not otherwise authorized by law, the Secretary is authorized in his discretion to permit any Federal, State, or Territorial agency, unit or subdivision, including municipalities, or any association or corporation not organized for profit, to take and remove, without charge, materials and resources subject to this subchapter, for use other than for commercial or industrial purposes or resale. Where the lands have been withdrawn in aid of a function of a Federal department or agency other than the department headed by the Secretary or of a State, Territory, county, municipality, water district or other local governmental subdivision or agency, the 53-117 0-65-10 141 Secretary may make disposals under this subchapter only with the consent of such other Federal department or agency or of such State, Territory, or local governmental unit. Nothing in this subchapter shall be construed to apply to lands in any national park, or national monument or to any Indian lands, or lands set aside or held for the use or benefit of Indians, including lands over which jurisdiction has been transferred to the Department of the Interior by Executive order for the use of Indians. As used in this subchapter, the word "Secretary" means the Secretary of ' the Interior except that it means the Secretary of Agriculture where the lands involved are administered by him for national forest purposes or for the purposes of sections 1010-1012 of Title 7 or where withdrawn for the purpose of any other function of the Department of Agriculture. July 31, 1947, c. 406, § 1, 61 Stat. 681, amended July 23, 1955, c. 375, § 1, 69 Stát. 367. 1955 Amendment. Act July 23, 1955 Amended section to require disposal under this subchapter of common varieties of sand, stone, gravel, pumice, pumicite, and cinders, and to give the Secretary of Agriculture the same authority 28 to lands under his jurisdiction as the Secre tary of Interior possesses as to lands under his jurisdiction in the disposal of mining and vegetative materials. Legislative History: For legislative history and purpose of Act July 23, 1955, sce 1955 U.S.Code Cong, and Adm. News, p. 2474. § 602. Bidding; advertising and other notice; conditions for negotiation of contract; report to Congress (a) The Secretary shall dispose of materials under this subchapter to the highest responsible qualified bidder after formal advertising and such other public notice as he deems appropriate: Provided, however, That the Secretary may authorize negotiation of a contract for the disposal of materials if (1) the contract is for the sale of less than two hundred fifty thousand board-feet of timber; or, if (2) the contract is for the disposal of materials to be used in connection with a public works improvement program on behalf of a Federal, State, or local governmental agency and the public exigency will not permit the delay incident to advertising; or, if (3) the contract is for the disposal of property for which it is impracticable to obtain competition. (b) A report shall be made to Congress on January 1 and July 1 of each year of the contracts made under clauses (2) and (3) of subsection (a) of this section during the period since the date of the last report. The report shall (1) name each purchaser; (2) furnish the appraised value of the material involved; (3) state the amount of each contract; (4) describe the circumstances leading to the determination that the contract should be entered into by negotiation instead of competitive bidding after formal advertising. July 31, 1947, c. 406, § 2, 61 Stat. 681, amended Sept. 25, 1962, Pub.L. 87-689, § 1, 76 Stat. 587. 1902 Amendment. Pub.L. 87-689 designated existing provisions as subsec. (a), substituted therein, provisions requiring the Secretary to dispose of materials after formal advertising and such other public notice as he deems appropriate, and authorizing negotiation, of a contract for the sale of less than 250,000 board-feet of timber, or for materials to be used in connection with a public works improvement program for a Federal, State, or local governmental agency where the public exigency will not permit the delay of advertising, or for property for which it's impracticable to obtain competition, for provisions requiring publication of notice once Д week for 4 consecutive weeks in a newspaper of general circulation, and competitive bidding, in cases where the value was in excess of $1,000, and permitting disposal upon such notice and in such manner as he prescribed where the value was $1,000 or less, and added subsec. (b). Legislative History: For legislative history and purpose of Pub.L. 87-080, seo 1902 U.8.Code Cong. and Adm.News, p. 2020. § 603. Disposition of moneys from disposal of materials All moneys received from the disposal of materials under this subchapter shall be disposed of in the same manner as moneys received from the sale of public lands, except that moneys received from the disposal of materials by the Secretary of Agriculture shall be disposed of in the same manner as other moneys received by the Department of Agriculture from the administration of the lands from which the disposal of materials is made, and except that revenues from the lands described in sections 1181a-11811 of Title 43, shall be disposed of in accordance with said sections and except that moneys received from the disposal of materials from school section lands in Alaska, reserved under section 353 of Title 48, shall be set apart as separate and permanent funds in the Territorial Treasury, as provided for income derived from said school section lands pursuant to sections 353 and 354 of Title 48. July 31, 1947, c. 406, § 3, 61 Stat. 681, amended Aug. 31, 1950, c. 830, 64 Stat. 571; July 23, 1955, c. 375, § 2, 69 Stat. 368. 1955 Amendment. Act July 23, 1955 amended section to provide for the disposal of moneys received by the Secretary of Agriculture, and for the disposal of revenues from the lands described in sections 1181a-11811 of Title 43. Admission of Alaska as State. Admission of Alaska into the Union was accomplished Jan. 3, 1959 upon issuance of Proc. No.3269, Jan. 5, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85 608, July 7, 1958, 72 Stat. 330, set out as notes preceding section 21 of Te 18, Territories and Insular Possessio..s. Legislativo History: For legislative history and purpose of Act July 23, 1955, see 1955 U.S.Code Cong. and Adm.News, P. 2174. § 604. Disposal of sand, peat moss, etc. in Alaska; contracts Subject to the provisions of this subchapter, the Secretary may dispose of sand, stone, gravel, and vegetative materials located below highwater mark of navigable waters of the Territory of Alaska. Any contract, unexecuted in whole or in part, for the disposal under this subchapter of materials from land, title to which is transferred to a future State upon its admission to the Union, and which is situated within its boundaries, may be terminated or adopted by such State. July 31, 1947, c. 406, § 4, as added Aug. 31, 1950, c. 830, 64 Stat. 572. Admission of Alaska as State. Admission of Alaska into the Union was accomplished Jan. 3, 1959 upon issuance of Proc. No. 3269, Jan. 5, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 § 611. and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. SUBCHAPTER II. MINING LOCATIONS Common varieties of sand, stone, gravel, pumice, pumicite, or cinders, and petrified wood No deposit of common varieties of sand, stone, gravel, pumice, pumicite, or cinders and no deposit of petrified wood shall be deemed a valuable mineral deposit within the meaning of the mining laws of the United States so as to give effective validity to any mining claim hereafter located under such mining laws: Provided, however, That nothing herein shall affect the validity of any mining location based upon discovery of some other mineral occurring in or in association with such a deposit. "Common varieties" as used in sections 601, 603, and 611-615 of this title does not include deposits of such materials which are valuable because the deposit has some property giving it distinct and special value and does not include so-called "block pumice" which occurs in nature in pieces having one dimension of two inches or more. "Petrified wood" as used in sections 601, 603, and 611-615 of this title means agatized, opalized, petrified, or silicified wood, or any material formed by the replacement of wood by silica or other matter. July 23, 1955, c. 375, § 3, 69 Stat. 368, amended Sept. 28, 1962, Pub.L. 87-713, § 1, 76 Stat. 652. 1962 Amendment. Pub. L. 87-713 defined "petrified wood", and provided that no deposit of petrified wood shall be deemed a valuable mineral deposit within the mining laws of the United States. Regulations for Removal of Limited Quantities of Petrified Wood. Section 2 of I'ub.L. 87-713 provided that: "The Secretary of the Interior shall provide by regulation that limited quantities of petrified wood may be removed without charge from those public lands which he shall specify." Legislativo History: For legislative history and purpose of Act July 23, 1055, see 1955 U.S.Code Cong. and Adm.News, p. 2474. § 612. operations Unpatented mining claims-Prospecting, mining or processing (a) Any mining claim hereafter located under the mining laws of the United States shall not be used, prior to issuance of patent therefor, for any purposes other than prospecting, mining or processing operations and uses reasonably incident thereto. Reservations in the United States to use of the surface and surface resources (b) Rights under any mining claim hereafter located under the mining laws of the United States shall be subject, prior to issuance of patent therefor, to the right of the United States to manage and dispose of the vegetative surface resources thereof and to manage other surface resources thereof (except mineral deposits subject to location under the mining laws of the United States). Any such mining claim shall also be subject, prior to issuance of patent therefor, to the right of the United States, its permittees, and licensees, to use so much of the surface thereof as may be necessary for such purposes or for access to adjacent land: Provided, however, That any use of the surface of any such mining claim by the United States, its permittees or licensees, shall be such as not to endanger or materially interfere with prospecting, mining or processing operations or uses reasonably incident thereto: Provided further, That if at any time the locator requires more timber for his mining operations than is available to him from the claim after disposition of timber therefrom by the United States, subsequent to the location of the claim, he shall be entitled, free of charge, to be supplied with timber for such requirements from the nearest timber administered by ti disposing agency which is ready for harvesting under the rules and regulations of that agency and which is substantially equivalent in kind and quantity to the timber estimated by the disposing agency to have been disposed of from the claim: Provided further, That nothing in sections 601, 603, and 611615 of this title shall be construed as affecting or intended to affect or in any way interfere with or modify the laws of the States which lie wholly or in part westward of the ninety-eighth meridian relating to the ownership, control, appropriation, use, and distribution of ground or surface waters within any unpatented mining claim. Severance or removal of timber (c) Except to the extent required for the mining claimant's prospecting, mining or processing operations and uses reasonably incident thereto, or for the construction of buildings or structures in connection therewith, or to provide clearance for such operations or uses, or to the extent authorized by the United States, no claimant of any mining claim hereafter located under the mining laws of the United States shall, prior to issuance of patent therefor, sever, remove, or use any vegetative or other surface resources thereof which are subject to management or disposition by the United States under subsection (b) of this section. Any severance or removal of timber which is permitted under the exceptions of the preceding sentence, other than severance or removal to provide clearance, shall be in accordance with sound principles of forest management. July 23, 1955, c. 375, § 4, 69 Stat. 368. § 613. Procedure for determining title uncertainties-Notice to mining claimants; request; publication; service (a) The head of a Federal department or agency which has the responsibility for administering surface resources of any lands belonging to the United States may file as to such lands in the office of the Secretary of the Interior, or in such office as the Secretary of the Interior may designate, a request for publication of notice to mining claimants, for determination of surface rights, which request shall contain a description of the lands covered thereby, showing the section or sections of the public land surveys which embrace the lands covered by such request, or if such lands are unsurveyed, either the section or sections which would probably embrace such lands when the public land surveys are extended to such lands or a tie by courses and distances to an approved United States mineral monument. The filing of such request for publication shall be accompanied by an affidavit or affidavits of a person or persons over twenty-one years of age setting forth that the affiant or affiants have examined the lands involved in a reasonable effort to ascertain whether any person or persons were in actual possession of or engaged in the working of such lands or any part thereof, and, if no person or persons were found to be in actual possession of or engaged in the working of said lands or any part thereof on the date of such examination, setting forth such fact, or, if any person or persons were so found to be in actual possession or engaged in such working on the date of such examination, setting forth the name and address of each such person, unless affiant shall have been unable through reasonable inquiry to obtain information as to the name and address of any such person, in which event the affidavit shall set forth fully the nature and results of such inquiry. The filing of such request for publication shall also be accompanied by the certificate of a title or abstract company, or of a title abstractor, or of an attorney, based upon such company's abstractor's, or attorney's examination of those instruments which are shown by the tract indexes in the county office of record as affecting the lands described in said request, setting forth the name of any person disclosed by said instruments to have an interest in said lands under any unpatented mining claim heretofore located, together with the address of such person if such address is disclosed by such instruments of record. "Tract indexes" as used herein shall mean those indexes, if any, as to surveyed lands identifying instruments as affecting a particular legal subdivision of the public land surveys, and as to unsurveyed lands identifying instruments as affecting a particular probable legal subdivision according to a projected extension of the public land surveys. Thereupon the Secretary of the Interior, at the expense of the requesting department or agency, shall cause notice to mining claimants to be published in a newspaper having general circulation in the county in which the lands involved are situate. Such notice shall describe the lands covered by such request, as provided heretofore, and shall notify whomever it may concern that if any person claiming or asserting under, or by virtue of, any unpatented mining claim heretofore located, rights as to such lands or any part thereof, shall fail to file in the office where such request for publication was filed (which office shall bo specified in such notice) and within one hundred and fifty days from the date of the first publication of such notice (which date shall be specified in such notice), a verified statement which shall set forth, as to such unpatented mining claim― (1) the date of location; (2) the book and page of recordation of the notice or certificate of location; (3) the section or sections of the public land surveys which embrace such mining claims; or if such lands are unsurveyed, either the section or sections which would probably embrace such mining claim when the |