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Minerals Toolbox

The Minerals Toolbox is a 'work in progress' and represents only the information available. In addition to the resources provided here, you may also be able to obtain advice and recommendations through discussion on Wilderness Connect. Date of last update: 12/29/08.

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Introduction

Overview
This tool box contains materials pertaining to the management of mineral resources within wilderness areas, as found in Sections 4(d)(2) and 4(d)(3) of the Wilderness Act of 1964. With a few exceptions, it does NOT include access to minerals. Those are covered in the INHOLDING ACCESS Toolbox.

NOTE: Though the Arthur Carhart National Wilderness Training Center has made every effort to provide materials that are legally accurate, the laws affecting mineral resources in wilderness and their implications for management are extremely difficult to understand clearly. It is critical that you contact your solicitor or general counsel if minerals are an issue in your wilderness.
Definitions
Locatable Minerals: Sometimes referred to as "hard-rock" minerals, "valuable" minerals, "lode or placer" minerals, or "rare or precious metals." It includes both base and precious metals, precious or semi-precious gemstones, uranium and other fissionable source materials, and other valuable industrial minerals. Locatable minerals on the federal mineral estate are usually removed from a claim without royalty or other payment to the federal government. Some high-value building stone types have been classified as locatable minerals.

Leasable Minerals: Those minerals for which a royalty is charged for their extraction from the federal mineral estate. This group includes oil; gas; coal; oil shale and other asphaltic materials; potash and other mineral salts; sodium; and sulphur. Geothermal resources are also managed under mineral leasing laws.

Saleable Minerals: Sometimes referred to as "common" minerals or "materials," this group includes sand, gravel, stone, pumice, and cinder. These are sold from the federal mineral estate. Small amounts of otherwise saleable minerals may be offered for "free use" to members of the public. There have been several arguments in court as to whether high-quality forms of these common materials should be classified as "saleable" or "locatable." This toolbox does not address that controversy.

Patented Mineral Claim: Surface and mineral rights of a valid claim of locatable minerals conveyed from the federal government to a person, persons, or corporation - essentially, private property. In a wilderness area, in order for both the surface and mineral estates to be conveyed, the patenting claim must be filed prior to the Wilderness Act of 1964 or the date of enactment of your specific wilderness. Claims filed after that date and before January 1, 1984 can be patented, but the surface will remain in the federal estate and "no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining or prospecting shall be allowed." Unlike patented claims outside wilderness, or within the wilderness but patented prior to designation, wilderness mineral claims patented after designation (but before January 1, 1984) must be "held and used solely for mining or processing operations and uses reasonably incident thereto" (Wilderness Act, §4(d)(3)), which include "actions or expenditures of labor and resources by a person of ordinary prudence to prospect, explore…[or] develop…a valuable mineral deposit, using methods, structures, and equipment appropriate to the geological terrain, mineral deposit, and stage of development and reasonably related activities" (43 CFR 3715.0-5). In order to be patented, a valid wilderness mineral claim must have been located prior to December 31, 1983 or prior to the date the area was designated as wilderness, whichever came later.

Unpatented Mineral Claim: If not patented, a valid claim holds the right to extract locatable minerals from the federal mineral estate, but has no right to the surface other than "prospecting, mining or processing operations and uses reasonably incident thereto" (43 CFR 3712.1(a). Owners of unpatented mineral claims may be required to perform annual work on their claim to satisfy ongoing assessment or to otherwise hold the claim. In order for an unpatented claim to be recognized, it must be deemed to be valid and must have been located prior to December 31, 1983 or prior to the date the area was designated as wilderness, whichever came later.

Valid Mineral Claim: The requirement of a claim, either proposed to be patented or unpatented, to have a locatable mineral deposit of sufficient quality and quantity to justify a reasonably prudent person in the further expenditure of labor and money with a reasonable prospect of success in developing a paying mine. Not only must the deposit be of sufficient quality and quantity, the mineral must be able to be extracted, processed, and marketed at a profit. Validity exams for both the Forest Service and BLM are conducted by the BLM. In a wilderness, the claim must deemed both to be "valid" at both the time of the application by the claimant, and also to have been valid at the date of designation or December 31, 1983, whichever came later.
Basis in the Wilderness Act
Relevant Case Law
1. Overview of Pertinent Cases
2. Brown v. USDI (8th Cir. 1982)
3. Clouser v. Espy (9th Cir. 1994)
4. IBLA 92-213

Management Regulations, Policies, and Practices

Examples of Plans or Guidance

1995 guidance on Valid Existing Rights on mining claims in areas designated by the California Desert Protection Act
1995 additional guidance on Valid Existing Rights on mining claims in areas designated by the California Desert Protection Act

Resources and References

Wilderness Stewardship Reference System (WSRS) > Commercial Activities > Mining