LANDS OPEN TO MINERAL LOCATION – (MINE)

[Assembler]

LANDS OPEN TO MINERAL LOCATION – (MINE) - Lands held by the United States for disposal under the land laws are open to mineral location. Land specifically withdrawn, such as national parks, national monuments, military reservations and Indian lands are not subject to location. Minerals found within a national forest are subject to location provided the discovery is such that it would justify an ordinary prudent person his expenditure of time and effort in developing a paying mine. Without the existence of commercial value, mineral claims within a national forest are not valid locations. Lands such as the beds of navigable bodies of water and land between high and low water mark are not subject to location under the Federal mining laws.

The key here is "Navigable bodies of water" and the "Beds thereof".

 

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[Assembler]

To make a little more clear the beds of "Navigable bodies of water" are not public domain and are not subject to survey and disposal by the United States. At the time of admission of the State into the Union the "Navigable bodies of water" are documented thus there is the sovereignty in the individual State as well. Under the laws of the "United States" the navigable waters have always been and shall forever remain "Common highways".

 

[winners58]

I've noticed a lot of your information is outdated or is "compiled" meaning the interpretation of the author at the time.
Please give citations, if its from a book or published papers try to look up where they get their information or look up the laws directly.

example;
30 U.S. Code § 49a
all land below the line of ordinary high tide on tidal waters and all land below the line of ordinary high-water mark on nontidal water navigable in fact, within the jurisdiction of the United States, shall be subject to exploration and mining for gold and other precious metals......
..............
...................... No person shall acquire by virtue of this section any title to any land below the line of ordinary high tide or the line of ordinary high-water mark, as the case may be, of the waters described in this section. Any rights or privileges acquired hereunder with respect to mining operations in land, title to which is transferred to a future State upon its admission to the Union and which is situated within its boundaries, shall be terminable by such State, and the said mining operations shall be subject to the laws of such State

 

[Mad Machinist]

The problem here is DEFINE "navigable". My canoe and kayak only need a few inches of water to float.

 

[Assembler]

The problem here is DEFINE "navigable". My canoe and kayak only need a few inches of water to float.

This one has asked the same question and it has less to do with a canoe or kayak and a lot to do with that "Admission of the State into the Union". The fact of records / log books of "Vessels" is also very important compared to a canoe or kayak.

The following will address Winners58 points or questions:
This includes all tidewater streams, and other important permanent bodies of water whose natural and normal condition at the date of the admission of a State into the Union was such as to classify the same as navigable water (R.S. sec. 2476).
Tide lands which are covered by the normal daily overflow are not subject to survey as public land. Sections 530, 531, 532.
The question of navigability in law, where there may be controversy, is a matter to be decided by the courts, based upon the facts and conditions in each case as these prevailed at the dates of statehood.
There is also opinion of the Supreme Court of the United States.

 

[Assembler]

The act of July 7, 1838, [Footnote 1] provides in its second section that it shall not be lawful for the owner, master, or captain of any vessel propelled in whole or in part by steam to transport any merchandise or passengers upon "the bays, lakes, rivers, or other navigable waters of the United States" after the 1st of October of that year without having first obtained from the proper officer a license under existing laws, that for every violation of this enactment the owner or owners of the vessel shall forfeit and pay to the United States the sum of five hundred dollars, and that for this sum the vessel engaged shall be liable and may be seized and proceeded against summarily by libel in the District Court of the United States.
The act of August 30, 1852, [Footnote 2] which is amendatory of the act of July 7, 1838, provides for the inspection of vessels propelled in whole or in part by steam and carrying passengers and the delivery to the collector of the district of a certificate of such inspection before a license, register, or enrollment, under either of the acts can be granted, and declares that if any vessel of this kind is navigated with passengers on board, without complying with the terms of the act, the owners and the vessel shall be subject to the penalties prescribed by the second section of the act of 1838.