2003 Revised Admin History – Part Two Chapter Five, General Admin Considerations 1902-1916

11. The act provides that, under such regulations as the Secretary of the Interior may prescribe, the reservation shall be open “to the location of mining claims and the working of the same.” It was not the purpose of this provision to extend the mining laws to the park without limitation, but only to authorize the location and working of mining claims thereon, under regulations to be prescribed by the Secretary of the Interior, and in such manner as not to interfere with or prejudicially affect the general purpose for which the reservation was established. It is therefore prescribed:

(a) That persons desiring to locate mining claims within the park shall enroll their names and addresses with the superintendent of the reservation, and shall file with such superintendent a description, in writing, of the land desired to he located. They shall also file with the superintendent evidence that they are severally qualified to make locations under the mining laws, and before entering upon the park for such purpose they must obtain from the Secretary of the Interior, through the superintendent, a written permit to do so. Such permit will be issued only upon condition that the applicant or applicants therefor, while upon the reservation, will not destroy or damage any game, fish, timber, or natural objects therein, and will strictly observe and comply with the requirements of the law and these regulations.

(b) Lands in the park upon which valuable deposits of mineral shall have been or may be found may be located under the mining laws by any person or persons duly qualified and holding a permit such as is described in the preceding paragraph, and such person or persons, his or their successor or successors in interest, may work the claim or claims so located; but in carrying on the work he or they shall in all respects observe and comply with the provisions of the statute creating the park amid with these regulations : Provided, That such person or persons may, as the proper working of such mining claim or claims shall require, be permitted to use, for mining purposes, such timber or stone found upon the land located as in the judgment of the superintendent may be so used without injury or damage to the reservation “as a public park or pleasure ground:” And provided further, That within thirty days after the location of any mining claim within the park, and before development work thereon shall be commenced, a copy of the notice of location shall be filed with the superintendent, together with proof satisfactorily showing that discovery of a valuable mineral deposit has been made within the limits of the location, and, if it be a placer location, that every 10-acre tract embraced therein has been found to contain valuable deposits of mineral.

(c) The statute does not authorize the purchase of or the acquisition of the legal title to lands located as mining claims within the park. The rights of the locator or locators, therefore, will be at all times subject to forfeiture upon breach of any of the conditions mentioned in the permit herein provided for, or upon refusal or failure to comply with any of the provisions of the statute or of these regulations.

(d) Upon breach of any such conditions, or upon refusal or failure to comply in all respects with the provisions of the statute and of these regulations, or where locators of mining claims do not appear to be acting in good faith, or who after location do not work their claims in such manner as to show good faith in the assertion thereof, the superintendent will revoke their permits, forthwith remove them from the park, and report the facts to the Secretary of the Interior.

12. Persons who render themselves obnoxious by disorderly conduct or bad behavior, or who violate any of the foregoing rules, will be summarily removed from the park and will not be allowed to return without permission, in writing, from the Secretary of the Interior or the superintendent of the park.