[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR7.26]

[Page 88-89]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM--Table 
of Contents
 
Sec. 7.26  Death Valley National Monument.

    (a) Mining. Mining in Death Valley National Monument is subject to 
the following regulations, which are prescribed to govern the surface 
use of claims therein:
    (1) The claim shall be occupied and used exclusively for mineral 
exploration and development and for no other purpose except that upon 
written permission of an authorized officer or employee of the National 
Park Service the surface of the claim may be used for other specified 
purposes, the use to be on such conditions and for such period as may be 
prescribed when permission is granted.
    (2) The owner of the claim and all persons holding under him shall 
conform to all rules and regulations governing occupancy of the lands 
within the National Monument.
    (3) The use and occupancy of the surface of mining claims as 
prescribed in paragraphs (a) (1) and (2) of this section

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shall apply to all such claims located after the date of the act of June 
13, 1933 (48 Stat. 139; 16 U.S.C. 447), within the limits of the 
National Monument as fixed by Proclamation No. 2028 of February 11, 
1933, and enlarged by Proclamation No. 2228 of March 26, 1937, and to 
all mining claims on lands hereafter included in the National Monument, 
located after such inclusion, so long as such claims are within the 
boundaries of said Monument.
    (4) Prospectors or miners shall not open or construct roads or 
vehicle trails without first obtaining written permission from an 
authorized officer or employee of the National Park Service. 
Applications for permits shall be accompanied by a map or sketch showing 
the location of the mining property to be served and the location of the 
proposed road or vehicle trail. The permit may be conditioned upon the 
permittee's maintaining the road or trail in a passable condition as 
long as it is used by the permittee or his successors.
    (5) From and after the date of publication of this section, no 
construction, development, or dumping upon any location or entry, lying 
wholly or partly within the areas set forth in paragraphs (a)(5) (i) to 
(iii) of this section, shall be undertaken until the plans for such 
construction, development, and dumping, insofar as the surface is 
affected thereby, shall have been first submitted to and approved in 
writing by an authorized officer or employee of the National Park 
Service:
    (i) All land within 200 feet of the center-line of any public road.
    (ii) All land within the smallest legal subdivision of the public 
land surveys containing a spring or water hole, or within one quarter of 
a mile thereof on unsurveyed public land.
    (iii) All land within any site developed or approved for development 
by the National Park Service as a residential, administrative, or public 
campground site. Such sites shall include all land within the exterior 
boundaries thereof as conspicuously posted by the placing of an 
appropriate sign disclosing that the boundaries of the developed site 
are designated on a map of the site which will be available for 
inspection in the office of the Superintendent. If not so posted, such 
sites shall include all land within 1,000 feet of any Federally owned 
buildings, water and sewer systems, road loops, and camp tables and 
fireplaces set at designated camp sites.
    (b) Use of water. No works or water system of any kind for the 
diversion, impoundment, appropriation, transmission, or other use of 
water shall be constructed on or across Monument lands, including mining 
claims, without a permit approved by an authorized officer or employee 
of the National Park Service. Application for such permit shall be 
accompanied by plans of the proposed construction. The permit shall 
contain the following conditions: (1) No diversion and use of the water 
shall conflict with the paramount general public need for such water; 
(2) such water systems shall include taps or spigots at points to be 
prescribed by the Superintendent, for the convenience of the public; and 
(3) all appropriations of water, in compliance with the State water 
laws, shall be made for public use in the name of the United States and 
in accordance with instructions to be supplied by an authorized officer 
or employee of the National Park Service.
    (c) Permits. Application for any permit required by this section 
shall be made through the Superintendent of the Monument.
    (d) Filing of copies of mining locations. From and after the 
publication of this paragraph, in order to facilitate the administration 
of the regulations in this part, copies of all mining locations filed in 
the Office of the County Recorder shall be furnished to the office of 
the Superintendent, Death Valley National Monument, by the person filing 
the mining location in his own behalf or on behalf of any other person.
    (e) Aircraft. The following are designated as locations where the 
operation of aircraft is allowed:
    (1) Death Valley Airport, latitude 36 deg.27[min]50[sec] N., 
longitude 116 deg.52[min]50[sec] W.
    (2) Stovepipe Wells Airport, latitude 36 deg.36[min]15[sec] N., 
longitude 117 deg.09[min]30[sec] W.

[24 FR 11044, Dec. 30, 1959, as amended at 49 FR 18450, Apr. 30, 1984]

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