TITLE 2700 - LAND USES MANAGEMENT
9/86 R-1 SUPPLEMENT 114
CHAPTER 2760 - WITHDRAWALS
2761 - FOREST SERVICE WITHDRAWALS
2761.03 - Policy
Existing mineral withdrawals will be retained and new withdrawals applied for when it is
necessary to:
1.
Preserve a unique resource area where no reasonable alternative to withdrawal will
provide adequate protection and the area will not survive without undue damage or impacts
caused by mineral development.
Examples of these are:
a.
b.
c.
d.
e.
Settlers Grove of Ancient Cedars.
Research and/or experimental areas.
Musselshell Camas Historical Site.
Big Ice Cave.
Burning Coal Vein.
2.
Protect high value Federal improvements where relocation or replacement is
impractical. Impractical means there would be an added cost or inconvenience to the Forest
Service which could not be adequately compensated for in a plan of operations, drilling permit,
or lease.
Such withdrawal needs should be identified in the Forest Plan.
Except for the two categories above, mineral withdrawal will generally not be sought for
National Forest System land actually used and occupied by a Federal agency, as established by
structure(s), other physical improvement(s), or the use of the land in such a way as to put a
person on notice that the land is occupied. Such use "appropriates" the land, the effect of which
is to make any subsequent claims subject to that use by the United States, and provides
protection to the Government from mining claims. Examples of uses include: Roads, road
rights-of-way, trails, gavel pits, fire lanes, telephone lines, cabins and other structures, fences,
lands occupied by structures enclosed by fencing, and lands which are surveyed where actual
plans exist for Government use and where construction is provided for and will be undertaken.
Permitted uses. - Areas under special uses to non-Federal agencies or private persons are not
appropriated. Permittees should be notified that their use areas are not protected from mineral
development. A mineral withdrawal may be requested at the discretion of the Forest Supervisor.
In the Supervisor's determination, the permittee's investment, cost of processing a withdrawal
and the probability for mineral development should be considered. Normally, the permittee will
be expected to provide for a mineral report and other information necessary to process the
withdrawal.
Withdrawn areas and areas occupied or used by the United States (appropriated) should be
posted to notify the public thereof.
Public Land Office Records
Public land records will be noted for those lands occupied by low-valued improvement such as
campgrounds, roads, trails, borrow sites, etc. On withdrawn areas, revocations will be processed
concurrently with requests to the Bureau of Land Management for record notation (see Exhibit
A). On new cases, record notation will be requested concurrent with the recognized need.
Exhibit A
___________________________________________________________________
United States
Forest
Federal Building
Department of
Service
P. O. Box 7669
Agriculture
Missoula, MT 59807
Reply To: 2760 Withdrawals
Date: September 11, 1986
Subject: Public Land Office Record Notation - Lower Seymour Lake Campground
Beaverhead National Forest
To: Bureau of Land Management
Montana State Office (934)
P. O. Box 36800
Billings, MT 59107
Please enter into the Public Land Office Records that the United States has appropriated the
following tracts for a Federally developed public campground:
T. 3 N., R. 13 W.,
section 26, SW1/4NE1/4NE1/4NW1/4,
SE1/4NW1/4NE1/4NW1/4,
NE1/4SW1/4NE1/4NW1/4,
NW1/4SE1/4NE1/4NW1/4, containing 10 acres in
Deer Lodge County, Montana.
The reason for this notation is to inform the public that the Government's use and occupancy
appropriates the land, the effect of which is to make any subsequent claims subject to that use by
the U.S. Government.
Please return a copy of this letter with the requested verification.
JERRY W. SUTHERLAND
Leader of Lands Group
BLM VERIFICATION
The tracts and occupied use have been entered into the Public Land Office Records and assigned
Serial No.
NAME
TITLE
DATE ENTERED