---
kind: "section"
citation: "43 C.F.R. § 3830.12"
title: "43"
number: "3830.12"
heading: "What are the characteristics of a locatable mineral?"
url: "https://uscodex.org/cfr/43/3830.12"
---

# §3830.12. What are the characteristics of a locatable mineral?

- (a) Minerals are locatable if they meet the requirements in [§ 3830.11](/cfr/43/3830.11.md) and are:
  - (1) Recognized as a mineral by the scientific community; and
  - (2) **Found on Federal lands open to mineral entry.**
- (b) Under the Surface Resources Act, certain varieties of mineral materials are locatable if they are uncommon because they possess a distinct and special value. As provided in McClarty v. Secretary of the Interior, 408 F.2d 907 (9th Cir. 1969), we determine whether mineral materials have a distinct and special value by:
  - (1) Comparing the mineral deposit in question with other deposits of such minerals generally;
  - (2) Determining whether the mineral deposit in question has a unique physical property;
  - (3) Determining whether the unique property gives the deposit a distinct and special value;
  - (4) Determining whether, if the special value is for uses to which ordinary varieties of the mineral are put, the deposit has some distinct and special value for such use; and
  - (5) Determining whether the distinct and special value is reflected by the higher price that the material commands in the market place.
- (c) Block pumice having one dimension of 2 or more inches is an uncommon variety of mineral material under the Surface Resources Act, and is subject to location under the mining laws.
- (d) Limestone of chemical or metallurgical grade, or that is suitable for making cement, is subject to location under the mining laws.
- (e) Gypsum suitable for the manufacture of wall board or plaster, or uses requiring a high state of purity, is subject to location under the mining laws.

## Notes

### Authority

Authority: 18 U.S.C. 1001, 3571; 30 U.S.C. 22 et seq., 611; 31 U.S.C. 9701; 43 U.S.C. 2, 1201, 1212, 1457, 1474, 1701 et seq.; 44 U.S.C. 3501 et seq.; 115 Stat. 414; 125 Stat. 786.

### Source

Source: 68 FR 61064, Oct. 24, 2003, unless otherwise noted.