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Title: Mineral Survey Procedures Guide
Author: Various
Language: English
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*** Start of this LibraryBlog Digital Book "Mineral Survey Procedures Guide" ***
Mineral Survey Procedures Guide
[Illustration]
As the Nation’s principal conservation agency, the Department of the
Interior has basic responsibilities for water, fish, wildlife, mineral,
land, park, and recreational resources. Indian and Territorial affairs
are other major concerns of this department of natural resources.
The Department works to assure the wisest choice in managing all our
resources so that each shall make its full contribution to a better
United States now and in the future.
MINERAL SURVEY PROCEDURES GUIDE
_1980_
This _Mineral Survey Procedures Guide_ does not and is not intended to
supersede the Bureau Manual or appropriate Federal, State, or Mining
District law which is concerned with mineral surveys and mining claims.
The _Manual of Instructions for the Survey of the Public Lands of the
United States_ is the official Bureau of Land Management document
regarding mineral surveys, and any real or apparent contradictions with
this _Guide_ should be referred to the _Manual_ for final assessment.
------------------------------------------------------------------------
Table of Contents
Page
CHAPTER I—MINING LAWS
Mining Districts 1
Federal Mining Laws 2
State Mining Laws 5
Abstract of State Laws 6
Survey—Legal Interrelationships 14
CHAPTER II-DISCOVERY AND LOCATION
Lode Claims 19
Placer Claims 25
Mill Sites 25
Tunnel Sites 26
General 26
CHAPTER III—MINERAL SURVEYORS
Appointments 29
Qualification 30
Duties of the Mineral Surveyor 30
Contract for Surveys 31
Restrictions 32
CHAPTER IV—APPLICATION AND ORDER FOR SURVEY
CHAPTER V—THE PATENT SURVEY
Field Work 39
Office Work 50
Processing the Survey 52
Departures From the Normal Procedure 54
CHAPTER VI—RESURVEYS
GLOSSARY OF MINING TERMS
APPENDIX
INDEX
FOREWORD
Mineral surveys are made to mark the legal boundaries of mineral
deposits or ore-bearing formations on the public domain where the
boundaries are determined by lines other than the normal subdivision of
the public lands. These surveys include the usual surveying technical
procedures and the examination and documentation of various reports and
certificates necessary to substantiate legal procedures.
Understanding the basis for performance of mineral surveys is imperative
for the United States Mineral Surveyors as well as for those who are
involved with processing mineral survey returns, those who evaluate
claim validity, and for those cadastral surveyors who are involved in
retracing original mineral surveys.
ACKNOWLEDGMENTS
This _Guide_ was prepared by John V. Meldrum, U.S. Mineral Surveyor
(ret.) under the direction of the Cadastral and Mapping Training Staff,
Denver Service Center, Bureau of Land Management. Mr. Meldrum’s many
years of expertise in mineral surveys, and his professionalism as a
mineral surveyor are invaluable elements of its contents.
In compiling the _Guide_, assistance was obtained from all of the State
Offices of the BLM, and gratitude is expressed to those cadastral survey
individuals who gave of their time and advice in assisting with its
preparation. The contribution of the Cadastral Survey Staff of the
California State Office is particularly acknowledged.
CHAPTER I
Mining Laws
Mining Districts
=1–1= When gold was discovered at Sutter’s Mill in California in 1849 no
provisions had been made by the Congress of the United States for the
disposition of minerals on the public domain of the West. After a feeble
attempt at leasing, the copper and iron deposits of the Great Lakes
region as well as the lead deposits of Missouri were sold outright to
the highest bidder with minimum prices set from $2.50 to $5.00 per acre.
Consequently, the prospectors and miners of California formed mining
districts to provide self-government and maintain law and order. These
districts could be as small as a square mile, while others covered an
area several townships in size.
=1–2= The functions of a district were to provide rules governing the
size of claims, manner of location and discovery requirements, recording
of locations, work required to hold a claim and period of absence
constituting abandonment.
The miners were not without precedents in establishing their rules. In
Europe the Germanic or Prussian laws provided for the discovery and
location of mineral deposits with royalties going to the crown and the
surface owner. The discoverer received a larger claim than subsequent
locators. Periods of idleness without cause would open the ground to
relocation. A court system was provided for the mining industry.
The Prussian law was the basis for English law and subsequently Spanish
and Mexican law. The Mexican law provided that three claims went to the
discoverer of a vein in a new district and two claims to the discoverer
of a new vein in an old district. Claims were 200 varas long and up to
200 varas wide, depending on dip, a vara being about a yard. Provision
was also made for discovery work and periodic labor.
As the first claims in California were for placer gold, the miners were
allowed a claim about 10 feet along the stream and as far back as the
deposit ran. When lodes were discovered, the discoverer was usually
allowed two claims 100 feet long along the vein and 50 feet wide; then
others could stake one claim of this size on the vein. The miner could
follow his vein to depth, establishing extralateral rights. Rules were
made for marking the boundaries of claims and for recording them with
the district recorder. Miner’s courts were held to settle disputes.
Thus, American Mining Law was born.
=1–3= Today, the mining districts exist in name only. As county
governments were set up (recording districts in Alaska which has no
counties), the mining districts turned their records over to the county
recorders and left the making and enforcement of local mining laws to
state or county governments.
Mining districts may still be formed but any regulations that they may
impose cannot be in conflict with existing law at any level of
government. At this writing, none are known to exist; however, many
location certificate forms call for a mining district, as well as the
various forms provided by the Bureau of Land Management for the
processing of mineral surveys and patents.
Each state office, except Montana, maintains a map, chart or index of
mining districts although the boundaries may be vague and overlapping.
These records are available to the public so that they may use a
district name, if available.
If a claim is located in an area where no district exists, it is
customary to state that there is no organized district or that the claim
is in an unorganized mining district. There is, however, no objection to
using a commonplace name as a district to aid in identification of the
claim.
[Illustration:
=THE GREGORY LODE, BLACKHAWK—CENTRAL CITY, COLORADO=
The first discovery of a gold vein in Colorado. (1858) Gregory, the
discoverer, was allowed two claims, 50 ft. wide and 100 ft. long;
others then staked claims 50 ft. wide and 100 ft. along the vein.
]
Federal Mining Laws (Title 30, United States Code)
=1–4= Act of February 27, 1865, Sec. 9 (13 Stat. 441): Recognized that
the public domain was being appropriated for mining purposes but that
such appropriation was by the law of possession and that the paramount
title to such lands lay in the United States.
=1–5= Act of July 26, 1866 (14 Stat. 251): Declared the mineral lands of
the public domain open to exploration and occupation by citizens of the
United States or those who had declared their intentions to become
citizens. It provided for claims 200 feet in length along the vein for
each locator, with an additional claim for the discoverer, and an
association could take up to 3000 feet in length. No width was
specified, only sufficient ground for working the claim. Extralateral
rights were granted inasmuch as the vein could be followed to any depth,
with all its dips, angles and variations. The Act also provided for
obtaining patent (fee title) from the United States. It also recognized
local customs, rules and mining districts, so far as they were not in
conflict with the laws of the United States. This Act was repealed by
the Act of May 10, 1872.
=1–6= Act of July 9, 1870 (16 Stat. 217; 30 U.S.C. 35): Provided for
placer claims (not covered in the Act of 1866) which included all
deposits except veins of quartz and other rock in place. They were
limited in size to 160 acres, either by one person or an association of
persons, subject to entry and patent, and where on surveyed lands
required to conform to legal subdivisions. This Act, with modification,
is still in force.
=1–7= Act of May 10, 1872 (17 Stat. 91; 30 U.S.C. Ch. 2; Title 43
C.F.R.): This Act contains the General Mining Laws which, with
amendments, are still in force today. It provides in detail for
discovery, location, survey and patent of both lode and placer claims;
also mill sites. It requires annual labor, or assessment work until
patent. Tunnel sites for the discovery of lodes are also provided for.
The succeeding pages of this manual will take up and explain the various
provisions of this Act, with appropriate reference and quotations from
the Code of Federal Regulations or the U.S. Code, if not covered in the
C.F.R.
=1–8= Act of March 3, 1872 (30 U.S.C. 71–90): Provided for the location
and purchase of coal; not a mineral subject to the general mining laws.
This Act was repealed by the Mineral Leasing Act of 1920.
=1–9= Act of May 17, 1884 (30 U.S.C. 49a–49f): Extended the general
mining laws to Alaska.
=1–10= Act of August 4, 1892 (30 U.S.C. 161): Included building stone
under the mining laws subject to the provisions governing placer mining
claims.
=1–11= Act of February 11, 1897 (29 Stat. 526, 30 U.S.C. 101):
Specifically included petroleum or other mineral oils as a mineral under
the general mining laws subject to the provisions governing placer
mining claims. This Act was repealed by the Mineral Leasing Act of 1920.
=1–12= Act of January 31, 1901 (30 U.S.C. 162): Included salt in any
form under the general mining laws subject to the provisions governing
placer mining claims, limited to one claim per person. This Act was
repealed by the Mineral Leasing Act of 1920.
=1–13= Act of April 28, 1904 (30 U.S.C. 34): The monuments on the ground
shall constitute the highest authority as to which lands are patented
notwithstanding a conflict with the survey record or the calls and
descriptions recited in the patent. Also, in extending the public land
surveys, all patented mineral claims shall be segregated from the public
lands as they are monumented on the ground.
=1–14= Act of February 25, 1920 (30 U.S.C. Chapter 3A): The Mineral
Leasing Act removed deposits of oil, gas, coal, potassium, sodium,
phosphate, oil shale, native asphalt, solid and semi-solid bitumen and
bituminous rock, including oil impregnated rock or sands, and sulphur in
Louisiana and New Mexico from the general mining laws and other laws and
set up a system of leasing for these minerals.
=1–15= Act of July 31, 1947 (61 Stat. 681): The Materials Act authorized
the sale of mineral materials if the disposal of such materials was not
otherwise expressly authorized by law.
=1–16= Act of August 13, 1954 (30 U.S.C. 521): Provided for multiple
development of mineral deposits under the mining and mineral leasing
laws. All mining claims and mill sites located after this date, and
those prior to this date that did not preserve their rights, do not
include leasable minerals, such minerals being subject to exploration
and development under the Mineral Leasing Act.
=1–17= Act of July 23, 1955 (30 U.S.C. 601): Removed common varieties of
sand, stone, gravel, pumice (except block pumice), pumicite or cinders
from appropriation under the general mining laws. Also restricted the
use of the surface of unpatented mining claims to that portion necessary
for the development and mining of the deposit and permitted the federal
government to manage the surface and vegetative resources.
=1–18= Act of August 11, 1955 (30 U.S.C. Chapter 16): All lands
previously withdrawn for power sites, except those actually in use or
being constructed upon, were restored to mining locations subject to
future use for power development under the authority of the United
States, without reimbursement, and subject to provisions for recording
the location within 60 days from date of location and assessment work
within 60 days of the expiration of the assessment year.
=1–19= Act of March 18, 1960 (30 U.S.C. 42): Provided for the location
of mill sites in conjunction with placer claims subject to the same
requirements of survey as placers. This allowed location of mill sites
by legal subdivisions.
=1–20= Act of September 28, 1962 (76 Stat. 652): Provides for free use
of petrified wood.
=1–21= Act of December 24, 1970 (30 U.S.C. Chapter 23): This act
provides for geothermal steam leases and should the lease be terminated,
the lessee has the right to complete the location of mining claims for
minerals subject to location which would constitute a byproduct if
commercial production of steam continued. Conversion to a lease under
the Mineral Leasing Act for lease minerals is provided for if the lease
minerals are capable of being produced in commercial quantities.
=1–22= Act of October 21, 1976 (43 U.S.C. 1744; 43 C.F.R. 3833): All
unpatented mining claims, including lodes, placers, mill sites and
tunnel sites located prior to this date must be recorded with the proper
state office of the Bureau of Land Management by filing a copy of the
record of the location (or last amended) notice or certificate, as
required by state law, together with a map showing the claim and its
relation to the public land survey or protracted grid, by October 21,
1979; and also provide evidence of assessment work for the preceding
assessment year, or notice of intention to hold, and thereafter prior to
December 31 of each calendar year. Claims located after October 21, 1976
shall be recorded within 90 days of date of location and evidence of
assessment work or notice of intention to hold, if assessment work is
not required, filed prior to December 31 of each calendar year after the
year of location. Change in ownership must also be recorded and
(presumably) amended location certificates. If these recording
requirements are not met, the claims are deemed to be abandoned.
=1–23= Reservations, Grants, Withdrawals and Severance of Minerals:
Indian and military reservations, national parks and monuments are not,
as a rule, open to mineral exploration except in special instances cited
in 1–24 below. National forests are open to mineral exploration,
location and patent, but subject to rules and regulations of the Forest
Service. National Forest Wilderness Areas are covered in 1–24 below.
Grants include the Spanish Land Grants, Railroad Grants, and School
Grants (School Sections), most of which included the minerals.
At least one Spanish Land Grant, The Sangre de Christo Grant comprising
Costilla County, Colorado, has its own system of mineral surveys.
Arizona has its own rules for locating mining claims on state (school)
lands. Indemnity grants were made in lieu of other lands previously
appropriated, including unsurveyed school sections appropriated in part
under the mining laws.
The Alaska Native Claims Settlement Act of December 18, 1971 granted
certain lands to the natives in Alaska and allowed owners of claims
located prior to August 31, 1971 five years to proceed to patent.
Regulations permitted filing an application for mineral survey to be
considered an application for patent.
Withdrawals made under the authority of the President are not subject to
any form of location. Withdrawals under the Act of June 25, 1910 (43
U.S.C. 141, as amended) are subject to location for metalliferous
minerals only. The Act, known as the Pickett Act, authorized the
President to make withdrawals for various purposes such as power,
irrigation, classification of lands.
Withdrawals under the first form Reclamation Act of June 17, 1902 are
not subject to mining location unless opened under the Act of April 23,
1932. Lands withdrawn under the second form of the Act are subject to
location.
The Federal Land Policy and Management Act of October 21, 1976(43 U.S.C.
1714) provides for withdrawals by the Secretary of the Interior, either
on his own motion or at the request of any department or agency head,
with certain restrictions and limitations. Each withdrawal and
subsequent restoration must be reviewed to determine if mining locations
are allowed, and under what conditions.
Severance occurs when minerals are reserved to the United States in a
patent. Some of the Spanish Land Grants reserved certain minerals such
as gold, silver, quicksilver and antimony.
The Act of March 3, 1891 reserved minerals from townsite entries on
mineral land, but each patent should be checked; some of the early
patents reserved only “known lodes.”
The Act of July 17, 1914 permitted agricultural entry or purchase of
lands withdrawn for phosphate, nitrate, potash, oil, gas or asphalt with
a reservation of these minerals to the United States.
The Act of July 20, 1956 permitted the disposition of these minerals
discovered and located prior to the Mineral Leasing Act.
The Stockraising Homestead Act of December 29, 1916 allowed entry of 320
acres rather than the 160 acre preemption homestead, but reserved the
minerals to the United States, the minerals being subject to disposal
under the general mining and mineral leasing laws. The surface owner is
protected by the Act, and a bond must be posted with the Bureau of Land
Management unless satisfactory arrangements can be made between the
mineral and surface owner (43 C.F.R. 3814).
Lands patented under the Color of Title Act (43 U.S.C. 1068), by
exchange under the Taylor Grazing Act (43 U.S.C. 315g) and by Forest
Exchanges (16 U.S.C. 485) with mineral reservation to the United States,
are subject to appropriation under the mining and mineral leasing laws.
The Atomic Energy Act of August 1, 1946 reserved fissionable source
material, uranium and thorium, to the United States, but these
provisions have since been rescinded and such minerals are locatable
under the mining laws. Mining claims for fissionable source materials
could be located on lands known to be valuable for coal under the Act of
August 11, 1955 (30 U.S.C. 541 through 541i) which expired August 11,
1975.
=1–24= Areas Subject to Special Mining Laws:
O & C Lands: The Act of April 8, 1948 (62 Stat. 162) reopened the
revested Oregon and California Railroad and Reconveyed Coos Bay Wagon
Road Grant Lands to exploration, location, entry and disposition under
the United States Mining Laws, but imposed additional requirements
regarding the filing of location certificates, affidavits of annual
labor, use of timber, etc. See 43 C.F.R. 3821 for details.
Alaska Public Sale Act of August 30, 1949 (48 U.S.C. 364a–364e)
segregated for classification and sale certain lands, but reserved the
minerals for disposition under applicable law. Provided compensation to
the surface owner for damage. See 43 C.F.R. 3822.
National Forest Wilderness Areas are open to prospecting and mining
under existing laws until midnight, December 31, 1983 by which time they
shall be closed except for valid existing rights. Patents will be for
mineral only with title to the surface reserved to the United States,
subject to certain use to facilitate mining. See 43 C.F.R. 3823.
City of Prescott, Arizona Watershed: The Act of January 19, 1933 (16
U.S.C. 482a) restricted future mining locations to minerals only with
restricted use of the surface. See C.F.R. 3824.
Papago Indian Reservation, Arizona: The Act of June 18, 1934 (25 U.S.C.
461–479) as amended, restores from temporary withdrawal mineral location
and entry under the United States Mining Laws, but imposes additional
requirements for recording locations with the superintendent of the
reservation, payment of annual rental to the tribe and a fee in lieu of
the annual rental at time of patent. See 43 C.F.R. 3825.
National Park Service Areas: National parks and national monuments are,
as a general rule, closed to mining, but there are exceptions, subject
to special rules, regulations, and reservations in the patent. These
special areas are: Mt. McKinley National Park, Alaska (see 43 C.F.R.
3826.1); Olympic National Park, Washington (see 43 C.F.R. 3826.2); Death
Valley National Monument, California (see 43 C.F.R. 3826.3); Glacier Bay
National Monument, Alaska (see 43 C.F.R. 3826.4); Organ Pipe Cactus
National Monument, Arizona (see 43 C.F.R. 3826.5). The Act of September
28, 1976 (90 Stat. 1342, 16 U.S.C. 1901) prohibits further mining
locations in these national parks and monuments.
King Range National Conservation Area, California: Mining claims are not
prohibited, but those located after October 21, 1970 are subject to
strict regulations and inspection of all mining activity (see 43 C.F.R.
3827).
=1–25= Acquired Lands: Minerals on acquired lands are not generally open
to mineral entry. These minerals are possibly subject to leasing only
(see 43 C.F.R. 3500).
=1–26= Update: In order that mineral surveyors may keep abreast of new
laws it is desirable that the Office of Chief, Division of Cadastral
Survey, Washington, D.C. keep the mineral surveyors advised, furnishing
copies of the Acts and pertinent regulations, so far as it is
practicable to do so. Mineral surveyors may also keep abreast of new
legislation through the local offices of the BLM, their congressmen and
by becoming members of local mining associations and attending their
meetings.
State Mining Laws
=1–27= Both the Acts of 1866 and 1872 provided for recognition of
“_local customs or rules of miners_ in the several mining districts so
far as the same are applicable and not inconsistent with the laws of the
United States.”
(R.S. 2319, 30 U.S.C. 22). C.F.R. 3831.1 states in part “(c) _complying
with_ the _State Laws_, regarding the recording of the location in the
county recorder’s office, discovery work, etc. As supplemental to the
United States mining laws there are _State statutes_ relative to
location, manner of recording of mining claims, etc., in the State,
which should also be observed in the location of mining claims.”
43 C.F.R. 3841.4–2 states in part: “... 600 feet in width, but whether
surface ground of that width can be taken depends upon the local
regulations of _State or Territorial laws_ in force ....” and 43 C.F.R.
3841.4–6 “the location notice must be filed for record in all respects
as required by the _State or Territorial laws_, and local rules and
regulations if there be any.”
Requirements of State law as to mining locations must be complied with
if they are not repugnant to the United States mining laws. South Dakota
v. Madill, 53 I.D. 195 (1930).
It is very clear that State laws must be complied with and some states
go so far as to state that if the essentials of discovery and location
are not complied with, the claim shall be null and void. Also, location
certificates that do not contain the information set forth in the law,
including an adequate description, shall be void.
The mineral surveyors cannot ignore state law, yet there are areas where
they should not force the claimant to comply, such as failure to do the
necessary discovery work as long as a discovery point has been
designated. In such cases the claimant should be advised of the apparent
discrepancy. At his insistence, the survey should be executed and
processed to show the facts and conditions as they exist, leaving the
matter to adjudication during patent proceedings. On the other hand, an
inadequate description in the location certificate is justification for
requiring an amended certificate.
Each mineral surveyor should obtain a copy of the state mining laws as
soon as possible after receiving an order for survey in that state. The
Chief, Branch of Cadastral Survey of each state office should have an
up-to-date copy of the laws for his state, and advise the Chief,
Division of Cadastral Survey at Washington, D.C. of changes as they
occur so that he may keep all mineral surveyors advised.
Copies of state laws, in pamphlet form, are usually available from the
State Bureau of Mines or Geological Survey, the Secretary of State or
Attorney General.
Do not confuse state laws pertaining to the location of mining claims on
the public domain with state laws covering the location of state lands.
Arizona, for instance, allows the staking of mining claims on state
lands and publishes rules and regulations governing such appropriation.
Most states, however, lease their minerals.
Following is an abstract of the state laws in force so that mineral
surveyors and cadastral surveyors will have an immediate source of
information. The abstract is by no means complete, but contains only the
essentials, and is not a substitute for the laws themselves.
1–28 ALASKA
Lode Claims:
_Location notice_ containing name of claim, name of locator(s), date of
location and approximate bearings and distances between corners shall be
posted at the northeast corner of the claim.
Substantial _monuments_ of stone or posts not less than three feet high
and three inches in diameter, marked with name of claim, position or
corner number and direction of boundary lines to be erected at each
corner; witness corners shall be marked to indicate position of true
corner. Cut out, blaze or mark boundary lines.
_Location Certificate_: Record in recording district (Alaska does not
have counties) within 90 days of posting, containing in addition to
information contained in the location notice, length and width of claim
and reference to a natural object or permanent monument. (Late filing
prior to intervening rights renews the location.)
Placer Claims:
_Location notice_ containing same information as lodes, except giving
length and width rather than metes and bounds, to be posted on one of
the corners.
_Monumentation_: same as for lodes.
_Location Certificate_ and recording: same as for lodes.
_Restrictions on precious metal_ placers are:
1. Individual claims limited to 20 acres and 1320 feet, aggregate
length.
2. Association claims limited to 40 acres and 2640 feet in length.
3. Location by agent to be supported by recorded power of attorney,
limited to two principals per agent in any recording district.
4. Annual labor of $100 for each 20 acres or excess fraction required.
Other:
_Amended_ locations, notices and certificates are provided for.
_Annual Labor_: Requirements same as federal law, except for precious
metal placers, but in conflict with the Act of October 21, 1976
regarding failure to file.
_Discovery Work_: None required.
1–29 ARIZONA
Lode, Placer and Mill Site Claims:
_Location notice_: Containing name of claim; name and address of
locator(s); date of location; length and width of claim and distance
from the location monument to each end of the claim, in feet; the
general course of the claim; a reference to some natural object or
permanent monument; the section, township and range, if known, shall be
posted on a conspicuous monument of stones not less than three feet in
height, or a post at least four feet above ground, at one corner within
the boundaries of the claim.
_Monumentation_: Within 90 days erect six substantial posts projecting
at least 4 ft. above ground or substantial stone monuments at least 3
ft. high, one at each corner and one at the center of each end line of a
lode, marked to identify the corner or end center; posts may be of any
material readily distinguished as monuments and shall be no less than 1½
inches in cross section.
_Location Work_: None required after September 3, 1978.
_Recording_: Within 90 days record in the office of the County Recorder
a copy of the location notice containing the section, township and range
(protracted, if unsurveyed), to which has been attached a map based upon
a survey commensurate with the ability of the locator, no more than 8½
by 14 inches in size at a scale of one inch equals not more than 2000
feet, containing:
1. The name of the claim.
2. Whether the claim is a lode, placer or mill site.
3. The locality, giving the section, township and range with tie to a
monument of the public survey, or if unsurveyed to a survey
monument of a U.S. Government Agency or U.S. Mineral Monument,
or, if none can be found, to a prominent natural object or
permanent monument.
4. The scale of the map.
5. The county in which the claim is situated.
6. A north arrow.
7. The type of corner and location monuments used.
8. Bearing and distance between corners.
9. If a placer or mill site described by legal subdivisions, the map
shall give the legal description instead of items 3 and 8 above.
Other:
_Abandonment_: Failure to perform all the acts of location within the
specified time constitutes abandonment.
_Annual Assessment Work_: Same as Federal, with form of affidavit given,
to be recorded by December 31 of the assessment year.
_Relocation_, by owner and of abandoned claims, provided for, using the
map instead of location work.
_Existing claims_: Owner may file map by October 21, 1980 which shall
constitute a rebuttable presumption that the claim was monumented on the
ground so that its boundaries could readily be traced.
1–30 ARKANSAS
No state laws.
1–31 CALIFORNIA
Lode Claims:
_Location notice_ containing name of claim, name and current mailing or
residence address of the locator(s), _length_ claimed along the course
of the vein each way _from_ the _point of discovery_ and _width_ claimed
on _each side of the center_ of the claim, in feet, general course of
vein, date of location (being date of posting) and reference to a
natural object or permanent monument, shall be posted in or on a
substantial monument at the point of discovery.
_Monumentation_: Conspicuous and substantial monuments consisting of a
wooden post or stone structure not less than three and one-half inches
diameter, or metal post not less than two inches diameter, set at least
one foot in the ground and projecting at least three feet above ground,
or stone mound at least three feet high, with sufficient marks to
designate the corner and name of claim, shall be erected at each corner
and center of each end line within 60 days from date of location.
Witness corners provided for.
_Recording_: Within 90 days of posting, record a true copy of the
location notice with the county recorder with a statement by the locator
of the monumentation and markings together with the section, township,
range and meridian.
Placer Claims:
_Location notice_ same as for lodes except for description which shall
be the number of feet or acreage claimed with a description referenced
to some natural object or permanent monument, posted on a substantial
monument at the point of discovery.
_Monumentation_: Mark the boundaries and erect at each corner a
substantial monument as specified for lodes, except where described by
legal subdivisions, such description being deemed the equivalent of
marking. (No time limit given, other than the 90 days for recording.)
_Recording_: same as for lodes.
Tunnel Right:
_Location notice_: Same as for lodes except for description which shall
be the proposed course of the tunnel and a description referenced to
some natural object or permanent monument, posted on a substantial
monument at the face of the tunnel. (No name for the tunnel is called
for.)
_Monumentation_: Same monuments as for lodes placed along the lines of
the tunnel on the surface no more than 600 feet apart from the face to
the terminus of 3000 feet therefrom.
_Recording_: same as for lodes.
Mill Sites:
_Location_ and claim _boundaries marked_ as for placer claims, except
that location monument may be anywhere within the claim.
_Recording_: same as for lodes.
Other:
_Amended_ location and notice and _relocation_ provided for.
_Annual Labor, remonumentation and remarking of corners_: Affidavit of
labor as required by federal law must be filed within 30 days of the
time limit for performance (end of assessment year) and, in addition to
the usual statements and descriptions, a statement that all corners and
notices are in place and are properly marked; an additional 30 days is
allowed for a supplemental affidavit if the original was filed by
someone other than the owner. Failure in such case constitutes _prima
facie_ presumption of abandonment.
_Survey and monumentation_ by a United States Mineral Surveyor or land
surveyor licensed in California together with filing of field notes for
record with the location notice, constitutes _prima facie_ evidence of
the facts therein.
_Penalties_ are provided for false statements and removal or destruction
of monuments. _Location (Discovery) Work_: None required (law amended in
1965 for placers, 1972 for lodes), except in the case of a tunnel right.
_Survey of Location_: United States Mineral Surveyors are permitted to
make and record location surveys.
1–32 COLORADO
Lode Claims:
_Location notice_ or plain sign to be posted at the point of discovery
on the surface containing name of the lode (claim), name of locator(s),
and date of discovery.
_Discovery (Location) Work_ in the form of a shaft ten feet deep or
deeper if necessary for discovery, or open cut, crosscut or tunnel which
cuts a lode ten feet beneath the surface, or adit at least ten feet in
along lode from point of discovery to be completed within 60 days from
date of discovery, or file a map with the location certificate based on
an actual ground survey (see below).
_Monumentation_: Surface boundaries to be marked by six substantial
posts, hewed or marked on the sides facing the claim, set in the ground
(or in a mound of stones on bedrock) one at each corner and one at the
center of each side line. Witness corner, suitably marked, may be used
as necessary.
_Recording_: Within three months from date of discovery, file with the
county recorder a location certificate containing the name of the lode
(claim), name of locator(s), date of location, the number of lineal feet
claimed on each side of discovery shaft (similar working as provided
above, or discovery point), the general course of the lode and such
description as shall identify the claim with reasonable certainty.
_Field Survey and Map_: In lieu of a discovery shaft (or similar
working) and within the time required for filing the location
certificate, attach to the location certificate for recording a map at a
scale of 1″ = 500′ prepared from an actual ground survey showing the
name and address of the discoverer of the claim, the legal subdivision
upon which the claim is located if on surveyed land, courses and
distances of the boundaries with tie to the nearest section or quarter
section corner or permanent monument if on unsurveyed land, thus readily
identifying the claim.
Placer Claim:
_Location notice_ or sign same as lode but also giving number of acres
or feet claimed.
_Discovery (Location) Work_: None.
_Monumentation_: At each angle point (corner) of claim, substantial
posts as called for under lodes.
_Recording_: Within 30 days from date of discovery file with county
recorder, containing name of claim, name of locator(s), date of
location, number of acres or feet claimed and description referenced to
natural object or permanent monument.
=Mill Sites=: Mill sites are simply auxiliary to the working of mineral
claims and the location for a mill site should be made in substantially
the same manner as that of a lode or placer claim. There must be
satisfactory proof that land claimed as a mill site is not mineral in
character. No assessment work is required on mill sites but without
patent they can only be held by using them for the purposes for which
they were located.
=Tunnel Claim=: Record, specifying the place of commencement and
termination with names of interested parties.
Other:
_Relocation_ (Amended and Additional) by owner, and relocation of
abandoned claims provided for.
_Annual Labor_: As required by federal law, affidavit may be filed
within six months of the end of the assessment year.
1–33 FLORIDA
No state laws.
1–34 IDAHO
All mining claim locations:
_Location notice_ to be posted at one corner of the claim containing
name of locator(s), name of claim (whether lode or placer), date of
location, mining district and county, directions and distances which
describe claim and tie from corner where notice was posted to natural
object or permanent monument as will fix and describe the site of the
claim.
Substantial _monuments_ or posts at least four feet in height and four
inches square or in diameter, marked with the name of the claim, the
position or number of the corner and direction of boundary lines shall
be placed at each corner or angle. The boundary lines shall be marked so
they can be readily traced. Provisions for witness corners marked to
indicate true position.
_Recording_: Within 90 days file for record a copy of the location
notice with the county recorder; failure to do so constitutes
abandonment. Attached to notice must be an affidavit of one of the
locators stating he is a citizen of the United States (or declared
intention to become one), he is familiar with the ground, that it has
not been previously located but if located, abandoned or defective.
Other:
_Annual labor_ same as federal, affidavit required 60 days after end of
assessment year; except patent survey with affidavit, including cost, by
U.S. Mineral Surveyor may, if sufficient, be used for one year’s work.
_Discovery or Location Work_: None required; law amended in 1970.
_Additional Certificate_ (amended location) and _Location of Abandoned
Claims_ provided for.
1–35 LOUISIANA
No state law.
1–36 MISSISSIPPI
No state law.
1–37 MONTANA
Lode and Placer Claims:
_Location notice_ containing name of claim, name of locator(s), date of
location (posting) and dimensions of area shall be posted at the point
of discovery.
_Monumentation_: Within 30 days monument each corner or angle of the
claim using a tree eight or more inches in diameter, blazed on four
sides, a post four inches square, four feet six inches long, set one
foot in ground (or mound of earth and stone four feet or more in
diameter and two feet or more high if on bedrock), a squared stump of
requisite size surrounded by such mound, a stone at least six inches
square, 18 inches long, set two-thirds in the ground, with mound of
earth and stone alongside at least four feet in diameter, by two feet
high, or a boulder at least three feet above ground. Monument to be
marked with the name of claim and corner number or cardinal point. Other
monuments of lesser size to be determined acceptable by a court in the
event of a dispute.
_Recording_: Within 60 days, comply with the U. S. Mining Laws and
record a certificate of location with the county clerk containing name
of claim and whether it is a lode or a placer, name of locator(s) with
post office address, date of location and description, referenced to
natural object or permanent monument and section, township and range
(projected if on unsurveyed land); directions and distances from
discovery point, and verified before an officer authorized to administer
oaths. Within 20 days the county clerk will furnish a copy to the
Department of State Lands at Helena, Montana.
Mill Sites:
Located same as lodes or placers but without discovery.
Other:
_Amended locations_, amended certificates, relocation by owner (but not
to avoid annual labor) and relocation of abandoned claims provided for.
Filing of _false claims_ prohibited; penalty of not more than five years
in state penitentiary or not more than $5,000 fine, or both.
Recording of affidavit of _annual labor_ as required by federal law
within 90 days after expiration of assessment year.
_Discovery work_: None required, law amended in 1971.
1–38 NEBRASKA
No state law.
1–39 NEVADA
Lode Claims:
_Location notice_ containing name of claim, name of locator(s) with post
office address, date of location, the general course of the vein, the
number of feet claimed each way along the course of the vein from the
point of discovery, and the width claimed on each side of the center of
the vein, to be posted on a monument (as described below) at the point
of discovery.
_Monumentation_: Within 20 days from date of posting, erect at each
corner of the claim and at the center of each side line a monument
consisting of a tree, with top removed, not less than four inches in
diameter, blazed and marked, a rock in place with smaller stones on top
having an overall height of no less than three feet, a stone no less
than six inches in diameter, 18 inches long, set two-thirds in the top
of a mound of earth or stone four feet diameter, two and one-half feet
high; a post four inches in diameter, four and one-half feet long set
one foot in ground (except on bedrock). All trees, posts or rocks, when
not four feet in diameter shall be surrounded by a mound of earth or
stone four feet in diameter, two and one-half feet high. Witness corners
are provided for.
_Recording_: Within 90 days of posting, record duplicate location
certificates with the county recorder containing name of the lode or
vein (claim), name of locator(s) with post office address, general
course of the vein and number of feet claimed each way from the point of
discovery together with the width on each side of the center of the
vein, statement that location work consisted of making maps, and the
location and description of each corner with the markings thereon.
_Maps_: Within 90 days of posting, file duplicate maps with the county
recorder (one of which will be sent to the county surveyor along with
the duplicate location certificate) showing the claim or claims, at a
scale no less than 500 feet to an inch, the relative position and number
of the corners and giving a tie by bearing and distance to a corner of
the public land survey or claim location marker if no corner can be
found, or if on unsurveyed land. Claim location marker shall be of rock,
four feet in diameter at base and at least four feet high, or a steel
post or pipe at least three inches in diameter and five feet above
ground. Also show the township and range, and if surveyed, the section
in which the claim and claim location marker is situated.
Placer Claims:
_Location notice_: Same as for lodes except that instead of discovery
point, a location point anywhere on the north boundary, and instead of
length and width from discovery point and vein, the number of feet or
acres claimed.
_Monumentation_: All corners and location point with monuments as
specified for lodes, except when described by legal subdivisions, only
the location point need be monumented.
_Recording_: Same as for lodes, except giving number of feet or acres
claimed in lieu of lode description. (Apparently no statement regarding
map or corner descriptions necessary.)
_Maps_: Same as for lodes, but if described by legal subdivisions, map
shall show the legal subs.
Mill Sites:
_Location notice_: Same as for placers except point of posting not
designated; name of lode, mine or mill of which locator is owner to be
given.
_Monumentation_: Same as for placers (and lodes) so far as applicable.
_Recording_: Within 30 days file for record with the county recorder
duplicate certificates similar in all respects to the notice posted.
_Maps_: Two copies of a map, not exceeding three by four feet in size to
be filed for record with the location certificates.
Tunnel Rights:
_Location notice_ to be posted at the face or point of commencement
containing the name of the locator(s) and post office address, proposed
course or direction of tunnel, height and width thereof, position and
character of boundary monuments and reference to natural object or
permanent monument.
_Monumentation_: Line of tunnel to be staked at intervals of not more
than 300 feet from commencement to 3000 feet therefrom; monuments to be
the same as for lodes and placers.
_Recording_: Within 60 days record with county recorder (duplicate
certificates) similar in all respects to notice posted.
_Maps_: File for record, with location certificate, two copies of a map
as required for lodes.
Other:
_Amended locations and certificates_ and _relocation_ of abandoned
claims are provided for.
Affidavits of _annual labor_ are provided for; to be recorded 60 days
from completion of work.
_Discovery or Location Work_: None required, other than the map (law
amended in 1971).
_False information_ willfully made on location certificates or maps a
felony punishable by no less than three nor more than ten years in the
state prison.
_Survey_ with field notes and certificate of survey incorporated into
the record by U.S. Mineral Surveyor or land surveyor licensed in Nevada,
_prima facie_ evidence of the facts therein.
_Location Survey_: United States Mineral Surveyors are permitted to make
location surveys.
1–40 NEW MEXICO
Lode Claims:
_Location Notice_ containing name of locator(s), intent to locate the
mining claim, (name of claim) and description by reference to natural
object or permanent monument (date).
_Monumentation_: Mark the location on the ground so that its boundaries
may be readily traced. Four substantial posts or monuments, one at each
corner. No specifications.
_Discovery Work_: A shaft, cut, tunnel or adit at least ten feet below
surface disclosing mineral in place completed within 90 days of taking
possession; or a drill hole not less than one and one-half inches in
diameter, ten feet or more in depth, disclosing a valuable mineral
deposit in place. A substantial post or marker at least thirty inches
high inscribed with the name of claim, claim owner, depth of hole and
date drilled shall be placed within five feet of the hole. In addition,
an affidavit by the owner giving the date of the hole, location within
the claim, and mineral discovered shall be recorded in the office of the
county clerk within the 90 days.
_Recording_: File for record a copy of the location notice with the
county clerk within three months from date of posting.
Placer Claims:
_Location notice_ shall be posted at one corner stating name of claim,
material located, name of locator(s), and description by legal
subdivisions or metes and bounds with tie to natural object or permanent
monument, if on unsurveyed lands.
_Monumentation_: A substantial wood post, four feet high, set securely
in the ground, or a substantial stone monument, shall be set at each
corner of the claim, regardless of whether the claim is on surveyed or
unsurveyed lands.
_Discovery Work_: None required.
_Recording_: A copy of the location notice shall be recorded with the
county clerk within 90 days of location and posting.
Other:
_Additional_ and _amended locations_ and _relocations_ provided for.
_Abandonment_ is provided for by filing for record a statement with the
county clerk.
_Penalties_ are provided for falsifying location notices and affidavits,
defacing and changing location notices, destruction of corners,
hindering or preventing performance of annual labor and trespass, except
for determining performance of annual labor or locating on government
land.
_Annual labor_: Affidavit to be filed for record with county clerk 60
days from end of assessment year.
_Private Lands_: Owners may make regulations, not in conflict with laws
of the United States or New Mexico; governing the location of mining
claims and file for record with county clerk.
1–41 NORTH DAKOTA
Lode Claims:
_Location Notice_: to be posted at point of discovery containing name of
lode, name of locator(s), date of discovery, length, in feet, each way
from discovery, and width, in feet, on each side of lode. _Width limited
by state law to 150 feet on each side of lode; may be modified by
county._
_Discovery Work_: Shaft, cut or tunnel at a depth sufficient to disclose
the vein or lode, or adit ten feet along vein or lode, or drill hole,
not less than one and one-half inches in diameter and of sufficient
depth to reach, cut or expose vein or lode. Work to be completed within
sixty days from time of uncovering or disclosing a lode (posting).
_Monumentation_: Eight substantial posts, hewed or blazed on the side
facing the claim, marked with the name of lode and corner, end of lode,
or side center sunk in ground or in monument of stone.
_Recording_: Within sixty days file for record with the county register
of deeds a location certificate containing, in addition to information
in location notice, the general course of the vein, and date of
location.
Placer and Other Mining Claims:
No state law.
Other:
_Additional certificate_ and _relocation_, both by owner and abandoned
claims, provided for.
_Annual labor_: Provided for, but no affidavit.
_Surface owner_: May demand security from miner.
1–42 OREGON
Lode Claims:
_Location notice_ containing name of lode or claim, name of locator(s),
date of location, linear feet claimed each way from point of discovery
along the vein or lode and width on each side of the vein or lode, and
the general course of the vein or lode, defining the boundaries and
reference to natural object or permanent monument.
_Monumentation_: Within 30 days after posting mark with six substantial
posts, not less than three feet above ground and not less than four
inches square or in diameter, or substantial mounds of stone or earth
and stone, one at each corner and one at each center end.
_Recording_: Within 60 days from posting, file for record with the
county clerk a copy of the location notice.
Placer Claims:
_Location notice_: containing name of claim, name of locator(s), date of
location, number of feet or acres claimed, and a description by legal
subdivisions or with reference to a natural object or permanent
monument, to be posted at some conspicuous place on the claim.
_Monumentation_: Unless located by legal subdivisions, corners shall be
monumented with same size materials designated for lodes, with monuments
no less than 1320 feet apart.
_Recording_: Same as for lodes.
Mill Sites:
_Location notice_ same as for placer claims except for reference to
appurtenant mining claim (lode or placer).
_Monumentation_: Same as for placers.
_Recording_: Copy of location notice to be recorded within 30 days.
Other:
_Amended notices_ of location provided for.
_Annual labor_ affidavit provided for; file within 30 days of completion
of work.
_Legal Subdivision_ includes a subdivision of a state survey.
_Discovery or Location Work_: None required. Law amended in 1971.
1–43 SOUTH DAKOTA
Lode Claims:
_Location notice_ to be posted at the place of discovery on discovery
monument, containing name of lode, name of locator(s), date of
discovery, feet in length on each side of discovery and feet in width on
each side of lode.
_Monumentation_: Eight substantial posts hewed or blazed on the side
facing claim, one at each corner, one at each end of the lode and one at
the center of each side line, sunk in the ground, or in mound of stone
if on bedrock, marked with the name of the lode and the corner, end or
side.
_Recording_: Sixty days from date of discovery file for record with the
county register of deeds a location certificate containing the same
information as in the location notice, except date of location instead
of date of discovery, and in addition the general course of the vein and
a description with reference to a natural object or permanent monument.
Placer and other mining claims:
No state law.
Other:
_Additional certificate and relocation_, both by owner and abandoned
claims, provided for.
_Annual labor_: Same as federal, affidavit provided for, no time limit
for recording.
_Surface owner_ may demand security from miner.
_Penalties_ are provided for violence, threats of violence or
intimidation of mining claimants or anyone at work on the claim by two
or more persons.
1–44 UTAH
Lode Claims:
_Location notice_ containing the name of the claim, name of locator(s),
date of location, linear feet claimed each way along the course of the
vein from the point of discovery, width on each side of the center of
the vein, the general course of the vein and a description with
reference to a natural object or permanent monument.
_Monumentation_: Must be distinctly marked on the ground so boundaries
can be readily traced. (Presumably at the corners, no specification as
to material and size of monuments.)
_Recording_: Within 30 days, a substantial copy of the location notice
must be filed for record with the county recorder.
Placer Claims and Mill Sites:
Same as for lodes, except the location notice shall state the number of
feet or acres claimed, instead of the length and width each way from the
point of discovery.
Other:
_Assessment Work_ (Annual Labor): Provides for posting a notice
describing the work at the discovery monument and at the workings;
affidavit to be filed 30 days after completion.
_Penalty_ provided for interfering with notices, stakes or monuments.
_Discovery or Location Work_: None required.
1–45 WASHINGTON
Lode Claims:
_Discovery notice_ to be posted at the discovery at the time of
discovery giving the name of the lode, name of locator(s) and date of
discovery.
_Monumentation_: Substantial posts not less than four inches in
diameter, set in the ground, not less than three feet high, or
substantial stone monuments not less than three feet high, bearing the
name of the lode and date of location must be set at each corner. Claim
boundaries must be brushed out, and trees blazed if such vegetation
exists.
_Recording_: Within 90 days from date of discovery, record in the county
auditor’s office a location notice containing the name of locator(s),
date of location, feet in length each way from discovery, general course
of the lode, and a description referenced to a natural object or
permanent monument.
Placer Claims:
_Location notice_ or certificate to be posted in conspicuous place at
the point of discovery containing name of claim, name of locator(s),
date of discovery and posting of notice, a description by legal
subdivisions, or a description with reference to a natural object or
permanent monument.
_Monumentation_: Within 30 days from discovery, including legal
subdivision placers. (No specifications as to monuments, but see
requirements for lodes.)
_Recording_: Within 30 days from discovery record notice or certificate
of location with the county auditor.
_Development work_: Within 60 days perform labor equal to $10 for each
20 acres, and file with the county auditor an affidavit showing
performance and nature and kind of work done.
Other:
_Amended certificate_ (location) and _relocation_ provided for.
_Assessment work_ (Annual Labor): Affidavit provided for, to be filed
within 30 days of the expiration of the assessment year.
1–46 WYOMING
Lode Claims:
_Location notice_ to be posted at the point of discovery containing the
name of the lode or claim, the name of the discoverer and locator, and
date of discovery.
_Discovery work_: A shaft ten feet deep, or cut or tunnel ten feet long,
disclosing the vein at a depth of ten feet; or a drill hole or holes no
less than one and one-half inch in diameter, aggregating at least 50
feet deep with no one hole less than ten feet deep, to expose deposits
of valuable minerals. One hole shall be designated the discovery hole
and shall be marked with a substantial post or other permanent marker
within five feet of the hole, firmly set in the ground and at least 30
inches above ground on which shall be placed the name of the claim, the
owner, depth of hole and date of drilling. Work to be done within 60
days from date of discovery.
_Monumentation_: Boundaries to be marked by six substantial monuments of
stone or posts, hewed or marked on the side facing the claim, sunk in
the ground, one at each corner and at the center of each side line.
Witness corners marked to indicate true point provided for.
(=NOTE=: The above are prerequisite to filing a location certificate.)
_Recording_: Within 60 days from date of discovery record a location
certificate with the county clerk containing the name of the claim, name
of the locator(s), date of location, length along the vein each way from
the center of discovery shaft, the amount of surface ground claimed on
either side of the discovery shaft, _the discovery shaft being always
equally distant from the side lines_, and a description tied to a
natural object or if on surveyed land to a section or quarter section
corner, as shall identify the claim beyond question.
Placer Claims:
_Location notice_ to be posted on claim containing name of claim, name
of locator(s), date of discovery and number of feet or acres claimed.
_Discovery Work_: None.
_Monumentation_: Substantial posts or stone monuments to be placed at
each corner of the claim.
(=NOTE=: The above are prerequisite to filing a location certificate.)
_Recording_: Within 90 days after date of discovery record with the
county clerk a location certificate containing the name of the claim,
designating it as a placer claim, the name of locator(s), the date of
location, the number of feet or acres claimed and a description of the
claim by designation of natural or fixed objects as shall identify the
claim beyond question.
Other:
_Additional location_ certificate (amendment) and relocation provided
for.
_Annual labor_: Affidavits provided to be recorded with the county clerk
within 60 days after completion.
_Surface owners_: Security from the miner provided.
_Penalties_ are provided for force or threats by two or more persons
destroying mining property, including notices and amendments, and
defrauding, cheating or swindling, the latter being a felony.
Survey-Legal Interrelationships
=1–47= The mineral surveyor and the cadastral surveyor responsible for
processing mineral surveys must be thoroughly familiar with both federal
and state law relating to the appropriation of minerals on the public
domain.
The mineral surveyor may be the first detailed contact of the claimant
with a government official, and he will look to the mineral surveyor for
guidance through the first steps to obtaining patent, i.e., the survey,
including discovery and work requirements.
If the location does not meet the requirements set forth in the law, the
mineral surveyor may suggest the corrective steps necessary, including
an amended location. If the location certificate is too vague, an
amended certificate will be in order. If the development work includes
improvements that will not count as patent expenditure or if common
improvements will not meet the tests set forth in the chapter on mineral
surveys in the _Manual of Surveying Instructions_, the mineral surveyor
should discuss the matter with the claimant and suggest corrective
measures.
The matter of a valid discovery or what constitutes sufficient mineral
for patent is a complicated matter. While the mineral surveyor may
discuss the subject in generalities, as set forth in the next chapter,
it is not his duty to rule on it, this being a matter for the mineral
examiner and adjudicators to determine. He may guide the claimant in
properly locating and surveying his claims for patent.
If the mineral surveyor feels that the claimant is not justified in
proceeding to patent or if he feels that the land is being obtained for
purposes other than mining, he may decline to make the survey, since it
is a matter of private contract.
=1–48= Relationship of surveyor and attorney: If the claimant has
employed an attorney-at-law, the surveyor and attorney should work
closely together.
The surveyor should recognize that he is not schooled in the law and
should respect the attorney’s opinion; on legal matters it is the
attorney’s responsibility.
On the other hand, the attorney is not schooled in surveying and the
surveyor should guide him in technical matters. The surveyor may refuse
to comply with requests that are in conflict with his requirements of
survey and that of the Bureau of Land Management. Doubtful situations
may be referred to the Bureau of Land Management for further
instructions.
Many attorneys are not expert in mining law and may require guidance
from the mineral surveyor. Should the surveyor find himself in a
situation where legal advice is necessary, and the claimant has not
employed an attorney, he should discuss the matter with the claimant and
recommend obtaining the services of a lawyer.
=1–49= Extralateral Rights (Apex): Both the Acts of 1866 and 1872
granted the right to follow a vein downward on its dip beyond the
vertical boundaries of the claim. R.S. 2322, 30 U.S.C. 26 states in
part:
“The locators of all mining locations made on any mineral
vein, lode or ledge situated on the public domain ... shall
have the exclusive right of possession and enjoyment ... of
all veins, lodes, and ledges throughout their entire depth,
the top or apex of which lies inside of such surface lines
extended downward vertically, although such veins, lodes or
ledges may so far depart from a perpendicular in their
course downward as to extend outside the vertical side lines
of such surface locations. But their right to possession to
such outside parts of such veins or ledges shall be confined
to such portions thereof as lie between vertical planes
drawn downward as above described, through the end lines of
their locations, so continued in their own direction that
such planes will intersect such exterior parts of such veins
or lodes.”
Extralateral rights exist only when the end lines are substantially
parallel and then only when the apex of the vein passes through at least
one of the end lines.
If the vein passes through both end lines it may be followed with all
its dips and variations beyond the side lines within the vertical planes
of the end lines (see Claim A of Figure 1).
Where the vein passes through one end line and one side line, one end
line is theoretically moved by protraction to the point where the vein
leaves the side line, and extralateral rights apply on the vein only to
the extent of the foreshortened claim (see Claim B of Figure 1).
Where the vein leaves the claim through both side lines, there are no
extralateral rights and the vein may be mined only in the area contained
within the vertical boundaries of the claim (see Claim C of Figure 1).
Two claims might be located along the strike of the same vein in such a
manner as to produce diverging end lines as in Claims D and E of Figure
1. In this case a portion of the vein beneath the surface (F) belongs to
neither claim and must be appropriated by staking claims the vertical
boundaries of which will encompass the unappropriated segment.
Where veins of two different claims unite on the dip, the portion below
the junction belongs to the senior claim; if the veins cross, rather
than unite, the junction belongs to the senior claim.
An outcrop is not an apex in the case of bedded deposits that are tilted
or outcrop on a canyon wall. Claims located on the outcrops of bedded
deposits have no extralateral rights.
Where the vein is wider than patent, the extralateral rights belong to
the senior claim. A claim located on the dip, though senior, loses the
vein to a junior claim properly located on the apex. The latter issues
have been the subject of numerous lawsuits, and there have been
decisions favoring each side.
In Figure 1, Claims A, B, C, D and E were located along the apex of a
vein dipping to the south in alphabetical order, “A” being the oldest
claim. The portions of the vein belonging to each claim are shown by
various cross-hatching.
[Illustration:
FIG. 1
]
=1–50= Riparian Rights: Although not a general rule, occasions have
arisen when a mining claim adjoins a navigable body of water and the
shoreline or mean high water mark becomes the boundary of the claim. In
such instances it is proper to run such a boundary as a meander line and
the field notes of the mineral survey should state that it is a meander
line of the mean high water line and that the corners of such line are
meander corners. The situation is well stated in _Alaska United Gold
Mining Co. et al. v. Cincinnati-Alaska Mining Co. et al._, decided April
18, 1916, 45 L.D. 330:
“The rule as to meander lines is applicable to mining
claims, and where in the course of an official patent survey
of a mining claim abutting upon a navigable body of water a
meander line has been run, which follows as nearly as
practicable the shore line of the water, such shore line and
not the meander line, must be taken as the boundary of the
claim when patented according to the plat and field notes of
the survey.”
“Where one of the boundaries of a patented mining claim is a
navigable body of water, all accretions formed after survey
and prior to entry and patent of the tract passed under the
patent, and all accretions that may thereafter form, become
the property of the riparian proprietor.”
Following is an example of a mining claim with a meander line as a
boundary taken from Mineral Survey 2154A Alaska. While the notes do not
specifically call for meander corners, they do state that the line
follows the mean high water mark of Cook Inlet (Figure 2). It is not
necessary to monument the intermediate angle points along the meander
line, as the example shows.
Should one entire end of a claim be delineated by a meander line, the
end line will be protracted parallel to the inland end line at the
farthest seaward point for the purpose of determining extralateral
rights.
[Illustration:
FIG. 2
]
CHAPTER II
Discovery and Location
Lode Claims
=2–1= Discovery: “No lode claim shall be located until after the
discovery of a vein or lode within the limits of the claim, the object
of which provision is evidently to prevent the appropriation of presumed
mineral ground for speculative purposes to the exclusion of bona fide
prospectors, before sufficient work has been done to determine whether a
vein or lode really exists.” (43 C.F.R. 3841.3–1) Obviously, then, the
staking and recording of a claim without a discovery of mineral is to no
avail, except that a discovery made prior to intervening rights perfects
the location. A claimant diligently trying to make a discovery will
generally be protected.
Except for the minerals covered by the Leasing Act (1920), and common
varieties which may be acquired under the Materials Act (1947 and 1955),
“Whatever is recognized as a mineral by the standard authorities,
whether metallic or other substance, when found on public lands in
quantity and quality sufficient to render the lands valuable on account
thereof, is treated as coming within the purview of the mining laws.”
(43 C.F.R. 3812.1)
Whether a mineral should be located as a lode or placer claim depends on
the nature of the deposit.
Lodes are deposits of mineral in place, regardless of their origin. The
mineral must be firmly contained or embraced in solid rock. This
includes veins with distinct hanging and foot walls, replacement
deposits in sedimentary formations, ancient stream channels now
consolidated in sandstones, such as the uranium deposits of Wyoming, and
disseminated deposits such as the copper porphyries of Arizona.
On the other hand, mechanical deposits of minerals such as gold
contained in the gravels of stream beds and alluvium deposits are
properly located as placer claims. However, certain rock types, such as
marble and perlite while mineral in place, are properly located as
placers since the Act of 1892 provided for locating building stone under
the placer mining laws. Included are bedded minerals not contained in
rock in place, such as bentonite.
The discovery requirements for a lode claim are that the mineral must be
in place. A discovery of float (a loose piece of ore from a vein) is
insufficient. Merely a trace of mineral is insufficient. Discovery by
geologic inference is insufficient. There must be an actual and physical
exposure of a lode.
The discovery must be on vacant public domain, which includes patented
surface lands with minerals reserved to the United States.
There have been many court cases and decisions as to what constitutes
the discovery of a valuable mineral deposit and it can be a difficult
and complicated matter. The general rule is stated in the famous
_Castle_ v. _Womble_ Decision, 19 L.D. 455, 1894: “When minerals have
been found and the evidence is of such a character that a person of
ordinary prudence would be justified in the further expenditure of his
labor and means, with a reasonable prospect of success, in developing a
valuable mine, the requirements of the statute have been met.”
In the Jefferson-Montana Copper Mines Co. case, 41 L.D. 320, 1902, it
was stated that the following elements of discovery are necessary:
“1. There must be a vein or lode of quartz or other rock in place.
2. The quartz or other rock in place must carry gold or some other
valuable mineral deposit.
3. The two preceding elements, when taken together, must be such as to
warrant a prudent man in the expenditure of his time and money in
the effort to develop a valuable mine.”
The extent of discovery will vary with the situation to be considered
and the type of mineral and deposit. For example, the requirement as
between two claimants is far less than that between a claimant and the
United States. A mineral of intrinsic value such as gold may well be
considered under the rules set forth above, but a more common mineral
would be further subjected to a test of marketability.
In the course of patent proceedings, a mineral examiner of the Bureau of
Land Management, the Forest Service if the claim is in a national forest
or the National Park Service if the claim is in a national park or
monument, will make a field investigation to determine the validity of
the claims in question.
Each location must be shown to be more valuable for minerals than for
any other purpose and the burden of proof rests with the claimant. The
claimant must be prepared to show the actual physical discovery and
substantiate the value through assays, drill logs, etc.
The discovery need not be on the surface and may be made underground. In
the case of blanket (horizontal) veins, the vein may be wider than the
claim and discovery can be made anywhere within its boundaries. A
discovery showing value and/or marketability may be anywhere within the
claim. The discovery may be on the end line of a claim, but a single
discovery cannot support more than one claim.
A discovery may be lost by the patenting of a junior claim in conflict,
in which case a new discovery is required.
A claim cut in two by a non-mineral patent requires a discovery on each
portion of the claim.
A claimant is entitled to possession as against third parties as long as
he is diligently engaged in trying to make a discovery.
=2–2= Discovery Work: 43 C.F.R. 3841.3–2 states:
“The claimant should, therefore, prior to locating his
claim, unless the vein can be traced upon the surface, sink
a shaft or run a tunnel or drift to a sufficient depth
therein to discovery and develop a mineral-bearing vein,
lode or crevice; should determine, if possible, the general
course of such vein in either direction from the point of
discovery, by which direction he will be governed in marking
the boundaries of his claim on the surface.”
Except for the foregoing, the matter of discovery work is left to State
law. The general requirement was that the vein (deposit) be disclosed to
a depth of ten feet, or deeper if necessary, in a shaft, cut or tunnel.
In recent years the tendency is away from requiring discovery work. This
was brought about largely through the destruction of the surface by
bulldozers digging needless pits or cuts on uranium claims in order to
satisfy State law.
Drill holes have also been substituted for the usual shaft, cut or
tunnel. In some cases the filing of maps has been substituted for
discovery work.
The statutory requirements for each State are given in Chapter I. This
chapter and the statutes themselves should be checked for current
requirements.
In any event, a discovery point (usually marked by a discovery monument,
bearing a notice) should be selected by the claimant from which to
recite the dimensions of his claim. If a discovery is made underground,
the discovery work requirement is usually met by driving a drift or
raise, or sinking a winze on the vein, for ten feet in length; the
discovery point is then marked on the surface, with the dip of the vein,
if any, projected to the surface.
=2–3= Location: 43 C.F.R. 3841.4–1 states: “From and after May 10, 1872,
any person ... may locate ... a mining claim 1,500 linear feet along
the ... vein ...; or an association of persons ... may make joint
location of such claim of 1,500 feet, but in no event can a location of
a vein or lode made after May 10, 1872, exceed 1,500 feet along the
course thereof....”
43 C.F.R. 3841.4–2 states: “No lode located after May 10, 1872 can
exceed a parallelogram 1,500 feet in length by 600 feet in width, but
whether surface ground of that width can be taken depends upon the local
regulations or State or Territorial laws.... No such local regulations
or State or Territorial laws shall limit a vein or lode claim to less
than 1,500 feet ... nor can surface rights be limited to less than 50
feet in width....”
[Illustration:
DISCOVERY CUT
Excavated by bulldozer, with discovery monument and location notice at
the point of discovery.
]
[Illustration:
DISCOVERY DRILL HOLE
Note the discovery monument in the hole and samples of cuttings taken
at each 5 feet of depth.
]
43 C.F.R. 3841.4–3 further states: “With regard to the extent of surface
ground ..., the Act of May 10, 1872, provides that the lateral extent of
locations of veins or lodes ... shall in no case exceed 300 feet on each
side of the middle of the vein at the surface, and that no such surface
rights shall be limited by any mining regulations to less than 25 feet
on each side of the middle of the vein at the surface ...; the end lines
of such claims to be in all cases parallel to each other ...; and when
the locator does not determine by exploration where the middle of the
vein at the surface is, his discovery shaft must be assumed to mark such
point.”
The only State known to limit the width of claims at present is North
Dakota which only allows 150 feet on each side of the vein.
While Wyoming allows the full width, the side lines must be equidistant
from the discovery, i.e., a claim may not have 300 feet on one side and
200 feet on the other. Since the federal law limits the size to 300 feet
on each side of the vein, if 200 feet is taken on one side, 400 cannot
be taken on the other.
The length each way from the point of discovery may be any amount as
long as the total does not exceed 1,500 feet.
There is no limit to the number of claims any individual, association or
corporation may locate.
Figure 3 shows three different claim patterns, all of which meet federal
requirements. Claim A is the usual rectangle with the full length and
width, Claim B shows parallel end lines that are not at right angles to
the lode line and side lines. While they are longer than 600 feet, the
right angle distance on either side of the lode line is exactly 300
feet.
Claim C shows a break in bearing of the lode line at the center of the
claim (it could be anywhere on the lode line). Like Claim B, the right
angle width does not exceed 300 feet on either side of the center line
for any portion of the claim.
Corners may be placed on patented land and on other claims in order to
obtain the described pattern and achieve parallel end lines with
extralateral rights. If the fee owner objects to monuments, witness
corners may be used.
43 C.F.R. 3841.4–4 and 3841.4–5 give the minimum requirements for
defining and monumenting locations including the recording of location
notices. The laws of the various states elaborate on these requirements
giving minimum size of monuments and acceptable materials, specifying
the points on the boundaries that shall be monumented, giving the
contents required in the location certificates and setting time limits
for completing discovery work and recording. (See Chapter I.)
A wood 4″×4″ post at least four feet in length, well set in the ground,
makes a good monument. It should be marked on the side facing the claim
with the corner number and initial, if not the full name of the claim.
Side centers may be marked S/C and end corners E/C, as required.
Discovery monuments are usually marked D.M. The markings can be painted,
or scribed with a timber scriber. In a very active area where a number
of claims are being staked, claimants often paint the tops of posts with
a distinctive color so that they may be readily identified.
A simple way to lay out and monument a single claim is to begin at the
discovery point and run out the desired distance each way along the lode
line, then turn an angle of 90° and run each way 300 feet to the
corners. (See Figure 4.)
A simple way to lay out a block of claims on a bedded deposit is to run
out a common set of end lines and at 300 feet or less turn 90° and at 50
feet or less set a discovery monument. Continue this procedure until the
end of the area is reached, then complete the survey by running the
boundaries so that each corner is located and monumented. (See Figure
4.)
In staking a block of claims it is advisable to make them short of the
600′×1500′ so that minor errors in the location survey will not result
in infractions caused by oversize claims.
There is no set rule for numbering corners, clockwise or
counterclockwise, except that they be consecutive. In a block of claims
corner numbers should be grouped, reducing the number of ties to a
section corner or natural object.
While 43 C.F.R. 3841.4–5 calls for a tie to a permanent, well-known
point or object from the discovery, a tie from one of the corners is
perfectly acceptable. In fact a metes and bounds description with
bearings given at least to degrees and distances in feet, should be
included in the location certificate. Avoid using such directions as
southwesterly, northeasterly, northerly, etc. Acceptable location
certificate forms can usually be purchased at a local printer or
stationery store.
[Illustration:
FIG. 3
]
[Illustration:
FIG. 4
]
The term “location notice” applies to the notice posted on the claim at
the time of discovery. Some states require that a copy of this notice be
recorded, while others provide for the filing of a location certificate
after all discovery work has been completed and the boundaries
monumented. Forms for the location notice, to be followed by the
location certificate for Colorado, and a form for a California location
notice, where a copy of the notice is recorded, are included in the
appendix.
Placer Claims
=2–4= Discovery: 43 C.F.R. 3842.1–1 states: “But one discovery of
mineral is required to support a placer location, whether it be of 20
acres by an individual, or 160 acres or less by an association of
persons.” The discovery may be anywhere in the claim and must be more
than a trace. Although it need not be commercial for purposes of
location, commercial feasibility (or marketability) will be required for
patent.
Known lodes are automatically excluded from placer locations. If any are
known to exist they must be located as lode claims; the extent of
surface ground may be the minimum, i.e., 25 ft. on either side of the
vein.
A number of oil shale placer claims were in existence at the time the
Mineral Leasing Act was passed in 1920, and have subsequently been
patented. Many discontinued performing the annual assessment work on the
theory that no one else could locate the claim. The Department of the
Interior has recently ruled (U.S. v. Frank W. Winnegar et al.; 81 I.D.
370) that failure to develop an oil shale claim demonstrates that the
deposit is not valuable and that the rule of the prudent man has not
been met.
=2–5= Discovery Work: As with lodes, the State requirements for
discovery work have been eliminated for all but the State of Washington.
However, sufficient excavation will be necessary to disclose a valuable
deposit.
=2–6= Location: The Act of 1870 limited placer claims to 160 acres,
whether they be located by an individual or association; the Act of 1872
limited locations to 20 acres per person, with up to 160 acres for an
association of eight persons. Therefore, two persons may take 40 acres;
three take 60 acres; four take 80 acres, etc.
If practicable, placer claims shall conform to the legal subdivisions of
the public land survey, with ten acres being the smallest unit
considered. If on unsurveyed lands, a placer claim should conform to the
protracted survey. If on surveyed lands, no further description is
necessary and the claim may proceed to patent on this basis. State law
may require monumentation of the corners.
If on unsurveyed lands a mineral survey will be required before
application for patent can be made. Further limitation on size of
precious metal placers is imposed by the State of Alaska. There is no
limit on the number of placer claims that may be located.
Where fractional lots of the public land survey are encountered, the
rule of approximation may be applied to excess acreage. The rule is that
the amount of excess may not exceed the amount of loss, if one of the
subdivisions were eliminated. On the basis of ten acre tracts, the
allowable excess would be 4.99 acres.
There are instances where conformity to the public land survey is not
practical. These instances occur where conformity would take in a
sizable amount of non-mineral ground, such as a gulch placer, where the
claim is surrounded by prior locations or conformity would necessitate
placing the lines on prior claims. In these cases, a metes and bounds
description is proper, but with the following limitation: A location by
one or two persons must be included within a square 40 acre tract; a
location by three or four persons within two square 40 acre tracts
placed end to end; a location by five or six persons within three square
40 acre tracts; seven or eight persons within four square 40 acre
tracts. (43 C.F.R. 3842.1–5)
Regardless of the manner in which a placer is described, a location
notice and/or certificate must be posted and filed for record. A sample
certificate is included in the appendix.
Mill Sites
=2–7= Authority: The Act of 1872 provided for five acre mill sites to be
taken in conjunction with lode claims or for the purpose of building an
ore reduction works (mill or smelter). The Act of 1960 further provided
for mill sites taken in conjunction with placer claims, and further
provided for the description to be in the same manner as the placer.
This provided for describing mill sites by legal subdivisions, and in
practice this method of description is extended to mill sites taken with
lodes or for an ore reduction works. (Instruction Memo No. 72–151,
4/25/72.)
Land appropriated as a mill site must be non-mineral in character and
the surface open to location under the mining laws. Once patented, it
includes all minerals. Nominal values do not constitute mineral ground,
nor does the fact that a mill site adjoins a lode or placer claim prove
mineral ground. In patent proceedings, the mineral examiner may require
drilling to provide the non-mineral character of the land.
As with lodes and placers, a location notice must be posted and
recorded. (See appendix for sample.) State law may require
monumentation, even if described by legal subdivisions.
=2–8= Required Use: 43 C.F.R. 3844.1 states: “A omitted is required to
be used or occupied distinctly and explicitly for mining or milling
purposes in connection with the lode or placer claim with which it is
associated. A custom or independent mill site may be located for the
erection and maintenance of a quartz mill or reduction works.”
There is no limit to the number of mill sites that may be located, so
long as they are necessary for the operation of a mine or mill.
Acceptable uses include tailings ponds, dumps, storage facilities,
living quarters, etc.
Tunnel Sites
=2–9= Possessory Right: The Act of 1872 gave the proprietors of a mining
tunnel the possessory right to 1,500 feet of any blind lodes cut by the
tunnel, not previously known to exist, for a distance of 3,000 feet from
the portal, or first working face of the tunnel. Since the 1,500 feet
could be taken in either direction from the line of the tunnel, this
provided an exclusive area 3,000 feet square.
When a lode is discovered in the tunnel, it must be staked on the
surface, and a notice posted on the surface at the projected point of
discovery, either directly above or protracted on the dip of the vein.
Failure to work the tunnel for six months constitutes abandonment. A
tunnel site may not be patented. (See appendix for sample location
certificate.)
=2–10= Location: 43 C.F.R. 3843.2 and 3843.3 provides for posting a
notice at the portal of the tunnel, staking the claim and recording a
copy of the notice with the proper local authorities. The Act of 1976
also requires recording with the Bureau of Land Management.
It is customary to stake the line of the tunnel at such intervals so
that each succeeding stake or monument is visible from the last,
beginning at the first working face and continuing 3,000 feet to the
end. The four corners of the tunnel site should also be monumented.
Although not expressly provided for by law, a dump site of reasonable
size may be located at the portal of the tunnel.
General
=2–11= Recording of Claims: 43 C.F.R. 3841.4–6 states: “The location
notice must be filed for record in all respects as required by State or
Territorial laws, and local rules and regulations, if there be any.”
Although the foregoing is contained in that section pertaining to lode
claims, the same applies to placer claims, mill sites and tunnel sites.
All the state laws make provision for the recording of location notices,
with the County Clerk and Recorder or his equivalent (Register of Deeds
in North and South Dakota, County Auditor in the State of Washington).
Should the claim fall in two counties, it is proper to record the
original certificate in the county (and state) where the discovery lies.
The Federal Land Policy and Management Act of 1976 made the recordation
of mining claims with the Bureau of Land Management mandatory. Unlike
state requirements, failure to file for record with the Bureau of Land
Management within the designated time makes the claim abandoned and
void. The objective is stated in 43 C.F.R. 3833.0–2:
“An objective of these regulations is to determine the
number and location of unpatented mining claims, mill sites
or tunnel sites located on Federal lands to assist in the
management of those lands and the mineral resources therein.
Other objectives are to remove the cloud on the title to
these lands because they are subject to mining claims that
may have been abandoned and to keep the BLM abreast of
transfers of interest in unpatented mining claims, mill site
and tunnel sites ....”
An abstract of the law is given in Chapter I. The proper State office of
the Bureau of Land Management should be contacted to determine their
requirements.
=2–12= Assessment Work (Annual Labor): 43 C.F.R. 3851.1 states:
“In order to hold the possessory right to a lode or placer
location made after May 10, 1872, not less than $100 worth
of labor must be performed or improvements made thereon
annually. The period within which the work required to be
done shall commence at 12 o’clock meridian on the first day
of September succeeding the date of location of each claim.
Where a number of contiguous claims are held in common, the
aggregate expenditure that would be necessary to hold all
the claims may be made on any one claim. Cornering locations
are held not to be contiguous.”
Almost any type of improvement will count as assessment work.
Development work in the form of shafts, cuts and tunnels definitely will
count as well as drill holes. Roads, bridges, ore bins, etc., will also
count. Recently, geological, geochemical and geophysical surveys have
been included as qualifying for assessment work, although not for patent
expenditure.
Reports by qualified experts conducting such surveys must be filed with
the county recorder. Such work cannot apply to more than two consecutive
years and no more than a total of five years. Work may be done in a
common improvement, but such work must be of benefit to all claims of
the common group. It may be outside the claims, such as a tunnel driven
toward the group for the development of the claims at depth. Not all
work qualifying for annual labor will qualify as patent expenditure.
Provision is made in state laws for the filing of an affidavit of
assessment work and form of content is provided. A copy of said
affidavit or other proof must also be filed with the Bureau of Land
Management. In the past, the filing for record of the affidavit shifted
the burden of proof from the claimant to third parties and failure to
file such an affidavit, or failure to do the work, did not invalidate
the claim. Now, failure to do the work and file the necessary proof with
the Bureau of Land Management will render the claim abandoned and void.
Notice of intent to hold must be filed with the Bureau of Land
Management in the case of mill sites and tunnel sites and in the case of
lodes or placers should the annual assessment work be suspended as it
has in the past during time of war or economic stress.
=2–13= Relocation, Amended Location, Additional Location Certificate:
The terms “relocation” and “amended location” when made by the owner are
synonymous. Generally, there is no relocation or amended location by the
owner unless there is a change on the ground, such as a change in the
boundaries or a change in the discovery. Such relocations or amended
locations relate back to the original location and no existing rights
are surrendered by such an amendment. If there is no change on the
ground, and the change is only in the description, then an additional
location certificate will suffice.
Amendments (or relocations) by the owner are made for the purpose of
correcting any errors in the original location, description or record,
changing the boundaries, or for the purpose of acquiring that part of
any overlapping claim that has been abandoned. A relocation by the owner
will not cure the lack of discovery or failure to do assessment work.
In the case of relocation of an abandoned claim by a third party, the
discovery work should be extended or a new discovery made and the
monuments should be checked to see that all are in place and in good
condition. Such a relocation does not relate back to the original
location.
State laws cover amendments and relocations and they should be checked
for the requirements. (See appendix for sample Additional and Amended
Location Certificate.)
CHAPTER III
Mineral Surveyors
Appointments
=3–1= 43 C.F.R. 3861.5–1 states:
“Pursuant to section 2334 of the Revised Statutes (30 U.S.C.
39), the Director or his delegate will appoint only a
sufficient number of surveyors for the survey of mining
claims to meet the demand for that class of work. Each
applicant shall qualify as prescribed by the Director or his
delegate. Applications for appointment may be made at any
office of the Bureau of Land Management listed in 3821.2–1
of these regulations. A roster of appointed mineral
surveyors will be available at these offices. Each appointee
may execute mineral surveys in any state where mineral
surveys are authorized.”
The Director referred to is the Director, Bureau of Land Management.
=3–2= Mineral Surveyors were originally appointed by the Surveyors
General (General Land Office) of the various states where mineral
surveys are authorized, and were appointed for that State only. As a
general rule these men were practicing consulting mining engineers in an
area covering one or more mining districts and seldom went out of their
area to execute surveys. As a result, over a period of time, they
developed a valuable set of survey records pertaining to claim corners,
section corners and mine workings. Claimants found it advantageous to
employ a mineral surveyor in his district because of his proximity to
the work and his previously acquired knowledge.
With the decline in mining activity due to mineral deposits being
exhausted or reaching uneconomical depths, and with the improvement in
modes of transportation, mineral surveyors found themselves covering
larger areas, and many sought appointments in more than one State. With
the formation of the Bureau of Land Management and the establishment of
areas or regions, the mineral surveyors’ appointments were extended to
the area or region embracing their State and all adjoining states to the
area or region, and finally to all states subject to the Federal mining
laws.
=3–3= Today, mineral surveyors are appointed by the Chief, Division of
Cadastral Survey of the Bureau of Land Management at Washington, who
acts for the Director. Application may be made to any State Office or
directly to the Washington Office. The application should contain a
brief resume of the applicant’s experience in land surveying, mining and
geology and list the states in which he is registered as a land
surveyor, or as a professional engineer if that state permits certain
classes of professional engineers to do land surveying. The applicant is
cautioned, however, that appointments are made only if a need is
demonstrated by one of the State Directors, and he requests that an
examination be held at his office to supplement the roll of mineral
surveyors. Appointments are presently for a four-year period.
=3–4= Mineral surveyors were originally bonded and such bonds were
usually for a four-year period. The renewal of these bonds served to
keep the roster of mineral surveyors active. Bonds are no longer
required, but the mineral surveyor must request renewal of his
appointment 60 days before its expiration. Renewal is based on his
activity as a mineral surveyor, the quality of his work and the
timeliness of filing returns of his surveys. If the record shows that he
has not been actively engaged in executing mineral surveys, he may be
dropped from the rolls. If he allows his appointment to lapse, he will
not be reinstated or reappointed unless he demonstrates his capability
to make mineral surveys, and there is a need for additional mineral
surveyors.
=3–5= A mineral surveyor’s appointment may be revoked at any time for
just cause, among which are: incompetence, gross misconduct, conflict of
interest, failure to personally execute a survey, failure to prosecute
work diligently, and failure to file timely returns.
=3–6= Before the revocation as stated in 3–5 can occur, any outstanding
surveys or survey orders must be disposed of by completion, cancellation
or by issuing a new order to another mineral surveyor, as mutually
agreed on by all parties.
Qualification
=3–7= Although the mineral surveyor, as an employee or officer of the
Federal Government, is not subject to State laws regulating the practice
of land surveying, he will find it advisable to be registered, at least
in his home State, if not in other states where he engages in mineral
land surveying. Actually, he is only exempt from registration when he is
working under a mineral survey order and as such he is limited to work
covered by the order. However, the States of California and Nevada
specifically permit a United States Mineral Surveyor to make a location
survey and to make such survey a part of the record. (Public Resources
Code of California, Sec. 2311, and 517.210 R.S. Nevada.) A mineral
surveyor would probably not be questioned in other states if he is
making an amended location survey or field examination prior to the
application for survey. Often, additional work will be required by the
claimant and the mineral surveyor will have to refer this work to others
or associate with a registered surveyor. Furthermore, if an applicant
for appointment is not registered in his home State, the Chief of the
Division of Cadastral Survey may require a more extensive examination so
as to embrace material normally covered in State examinations.
=3–8= Although basically a land surveyor, the mineral surveyor should
have a working knowledge of geology, ore deposits and principles of
mining in order to properly execute his work. He should also be familiar
with the methods of making underground surveys. He may acquire such
knowledge informally by reading texts on the subjects and through
membership in local mining associations and organizations.
=3–9= Applicants for appointment as Mineral Surveyor must pass a 16–hour
examination with a grade of 70 consisting essentially of four parts:
1. A solar observation for azimuth consisting of six consecutive
readings, with an engineer’s transit or double center theodolite, three
each with the telescope in direct and reversed positions observing
opposite limbs of the sun; together with the necessary calculations to
determine the true meridian. The applicant will furnish the instrument
used.
2. Correctly answer questions on the legal and technical aspects of
mineral surveys. Such questions may be of the true/false or multiple
choice type.
3. Solve a practical problem relating to mining claims, including
conflicts, where a set of conditions are given.
4. Prepare a set of field notes and prepare a preliminary plat from
given field data.
References and calculators including minicomputers may be used in the
examination. It is an open book examination.
The examination will be held in the office of the State Director who
made the request, but it is not limited to residents of that State and
anyone whose application has been accepted may take the examination at
his own expense. Upon successful completion of the examination, the
applicant will furnish the names of three references who are familiar
with his character, integrity and capability as a surveyor. The
examination is prepared by the Washington Office and mailed in a sealed
envelope bearing the applicant’s name to the State office. The completed
examination is returned to the Washington Office in a sealed envelope
for each applicant for grading.
Duties of the Mineral Surveyor
=3–10= The duties of the mineral surveyor begin with an order for survey
and cease with the approval of that survey. This precludes using data
acquired by former surveys and by reason of having made the location or
amended location survey, unless such data is verified by field work and
examination after the survey order is issued.
The surveyor should not act as agent for the claimant in the signing of
location or amended location certificates, although he may post such
notices for the claimant. _The mineral surveyor is prohibited from
taking any part in the patent application;_ however, he may assist the
attorney or agent or the claimant himself in interpreting his field
notes, including the area statement. A mineral surveyor exceeds his
duties if he prepares the notices of application for patent (24 L.D.
193).
=3–11= The survey must be made in person by the mineral surveyor. This
does not mean that every physical act of survey must be performed by
him, but it must be performed under his direct supervision in the field.
The mineral surveyor is prohibited from delegating such supervision to
employees. In other words, the mineral surveyor cannot send a field
party out to do the work under his authority without being on the ground
himself. There is no objection to having more than one survey crew
perform the field work as long as the mineral surveyor can give each
crew adequate supervision. The same rule applies to office work in
connection with the survey.
There is nothing that prohibits a mineral surveyor from being a part of
an engineering and/or surveying firm, but he should be a principal of
that firm. If he works as an employee of such a firm, he is compromising
his appointment, for as a mineral surveyor he is an employee of the
Bureau of Land Management.
He cannot be an employee of the claimant, nor can he employ the
claimant, his attorney or parties in interest as assistants in making
surveys of mineral claims (43 C.F.R. 3861.3–2).
=3–12= The survey must be an actual survey on the ground. This precludes
the calculation of ties and other lines through prior surveys. (See 6
L.D. 718 which disallowed a section corner tie calculated from another
survey and required an amended survey to run the section tie on the
ground.)
=3–13= The mineral surveyor should bear in mind that his field work is
subject to spot checks by cadastral surveyors of the Bureau of Land
Management for sufficiency and accuracy; also, if his returns of a
survey indicate irregularities, a complete examination by the Bureau of
Land Management may be made. Such field checks will normally be made
when a field party is in the area during the normal course of a field
season. Irregularities that cannot be resolved with the mineral surveyor
may call for a special field examination.
Contract for Surveys
=3–14= 43 C.F.R. 3861.4–1 Payment: (a) The claimant is required in all
cases to make satisfactory arrangements with the surveyor for the
payment for his services and those of his assistants in making the
survey, as the United States will not be held responsible for the same.
(b) The State Director has no jurisdiction to settle differences
relative to the payment of charges for field work between mineral
surveyors and claimants. These are matters of private contract and must
be enforced in the ordinary manner, i.e., in the local courts. The
Department has, however, authority to investigate charges affecting the
official actions of mineral surveyors, and will, on sufficient cause
shown, suspend or revoke their appointment. (See 3–1 above.)
=3–15= 30 U.S.C. 39 states in part: “The Director of the Bureau of Land
Management shall also have the power to establish the maximum charges
for surveys ...; and to the end that the Director may be fully informed
on the subject, each applicant (for patent) shall file with the Manager
(of the land office) a sworn statement of all charges and fees paid by
such applicant for ... surveys....”
=3–16= Many factors enter into the ultimate cost of a mineral survey,
such as the terrain, distance from centers of population, condition of
the public land survey, number of conflicts with prior surveys and
patents, the age of conflicting surveys, variable weather conditions,
and inflation.
Cost should be a secondary consideration in selecting a mineral surveyor
and the remuneration should be such as to assure an adequate job. Many
of the early day surveys of the public lands resulted in poor or even
fraudulent work because of the low contract price.
If a mineral surveyor has had considerable experience in an area, he may
agree to a fixed price per claim, plus a fixed price per conflict and
per mile of retracement of section lines with subdivision of sections as
required. An alternative to this is a daily or hourly fee for each
principal or party chief and assistants, plus expenses at cost, which
assures the Bureau of Land Management and the claimant that quality will
not be sacrificed because of cost. In the latter case, the mineral
surveyor should provide the claimant with an estimate so that he will be
prepared to meet his invoices. Either type of contract should provide
for periodic payments, and the mineral surveyor is justified in
requesting an advance deposit. In any event, payment for the mineral
survey is a matter of private contract; the foregoing are merely
suggestions.
=3–17= Inasmuch as mineral surveyors may not hold an interest in the
public domain (see Sec. 3–18 below), they are prohibited from accepting
an interest in the claims as payment for his services.
Restrictions
=3–18= The following is quoted from the current (1977) letter appointing
mineral surveyors:
“As a special Government employee (see _Waskey v. Hammer_,
223 U.S. 85, 1911), you are subject to the pertinent
conflict of interest statutes and standards of ethical
conduct as set out in 18 U.S.C. 202 and E.O. 11222, Part
III. You and your wife are prohibited from acquiring an
interest in the public lands, either directly or indirectly,
by provisions of 43 U.S.C. 11 and 43 C.F.R., Part 7. This
prohibition extends to locating and holding in your names
any mining claims, oil and gas leases, grazing licenses or
permits, cadastral survey contracts, or making any other
application or filing under the public land laws.” 43 C.F.R.
7.2 defines interest as follows:
“The term ‘interest’ means any direct or indirect ownership
in whole or in part of the lands or resources in question,
or any participation in the earnings therefrom, or the right
to occupy or use the property or to take any benefits
therefrom based on a lease or rental agreement, or upon any
formal or informal contract with a person who has such an
interest. It includes membership in a firm, or ownership of
stock or other securities in a corporation which has such an
interest: Provided, that stock or securities traded on the
open market may be purchased by an employee if the
acquisition thereof will not tend to interfere with the
proper and impartial performance of the duties of the
employee or bring discredit upon the Department.”
Employees stationed in Alaska are exempt from the above, _except for a
mineral lease or mining claim_, and may acquire one tract of land, not
exceeding five acres, for residence or recreation purposes. [43 C.F.R.
7.4 (a) (1) and (2).] Retention of an interest may be approved upon
written request to the Secretary of the Interior, provided the interest
was acquired prior to becoming an employee or the interest was acquired
by gift, devise, bequest, or by operation of law.
=3–19= The mineral surveyor may be required to file with the Bureau of
Land Management a “Public Disclosure Statement of Known Financial
Interests” under the Federal Land Policy and Management Act.
=3–20= It should be clear why the foregoing restrictions are placed on
mineral surveyors. They remove any possible conflict of interest and the
claimant may deal freely with the mineral surveyor knowing that he
cannot benefit from any information or knowledge gained during the
course of the survey.
CHAPTER IV
Application and Order for Survey
=4–1= Purpose: Except in special instances, such as lands selected by
the Native Corporations under the Alaska Native Claims Settlement Act, a
mining claim may be held indefinitely as a location by performing the
annual assessment work and making the necessary affidavits and
recordings. However, once a valuable mineral deposit has been proven to
exist, it may be desirable to obtain absolute fee title (patent) to the
claim which, except in special cases, includes not only the mineral
estate, but the surface as well. Patent not only assures possession of
the property, but will facilitate financing as well.
Unless the claim is described by legal subdivisions as in the case of
placers and mill sites, an official survey by a United States Mineral
Surveyor under the direction and with the approval of the Bureau of Land
Management is the first step in obtaining a patent.
Almost universally, the location survey has not been made with
sufficient accuracy or detail to provide the necessary description for
patent. The patent survey will, in addition to permanently monumenting
and witnessing the location on the ground, show all conflicts with prior
mineral surveys, fee lands with mineral rights, and prior locations that
the claimant wishes to exclude. It will also show all the workings on
the claims, both by the claimant and by others, if any. The survey
itself confers no rights; patent must follow.
=4–2= Selecting a Mineral Surveyor: A list of approved and active
mineral surveyors may be obtained from any State Office, or from the
Director, Bureau of Land Management, at Washington, D.C. Mineral
surveyors’ appointments cover all states where the mining laws are
applicable.
Usually, it will be advantageous to select a mineral surveyor close to
the project, or one who has worked in the area and has a knowledge of
existing surveys. All mineral surveyors are not equally experienced.
Their appointment means that they have met certain qualifications and
have satisfactorily demonstrated a knowledge of mineral survey
procedures.
More than one mineral surveyor should be consulted before making a
selection. His proposed method of making the survey, his availability
and time schedule, as well as fees should be discussed. Fees should be a
secondary consideration and may be on a time and expense basis or a flat
contract price. If a flat price is to be decided, the mineral surveyor
will probably want to first make an examination of the property. In any
event, the arrangement between the mineral surveyor and the claimant is
a matter of private contract, and the Bureau of Land Management will not
be responsible.
Even after a survey has been started, the claimant may discharge a
mineral surveyor and select another, but such action will call for an
amended order for survey.
=4–3= Selecting an Attorney: An attorney-at-law to act as agent for the
claimant in the patent proceedings is not necessary; the claimant can
make the application for patent himself.
However, an attorney well-versed in mining law can be a big asset and
arrangements should be made prior to the survey so that he will be
available for consultation. The mineral surveyor will know of attorneys
with whom he has previously worked and may be able to make
recommendations. The attorney’s fee may be negotiated. If the claimant
is a large corporation, it may have staff attorneys or landmen that can
handle the patent application.
The mineral surveyor may not assist in the patent proceedings. His help
may be required in determining the net area of the claim from the area
statement in the mineral surveyor’s field notes. There is no objection
to the mineral surveyor interpreting his notes, and assisting in this
regard.
=4–4= Application for Survey: Must be made by claimant(s) or his agent
on current Form 3860–5 (see appendix). Instructions are on the back of
the form.
1. The name of the applicant (claimant) should be given exactly as it is
to appear in the patent, together with his post office address.
2. Group name (if any). If the claims are known by a group name, it may
be placed here. If they do not have a group name, it may be omitted.
3. Name(s) of claim(s) should appear exactly as they are given in the
location certificate, e.g., Molly No. 1 should not be given as Molly #1.
The date the claim was first located and recorded in the present chain
of title must be given; the dates of amendment are only the last
amendment made.
4. The location of the claims by section, township and range (stating
that it is unsurveyed if based on protracted survey lines), county and
state must be given. If not within a national forest, “None” should be
used in the blank provided.
5a. To support the application, furnish two copies of the location
notice (or last amended location with the original location and
recordation date shown thereon). One copy must be certified by the
custodian of the records where mining claims are locally recorded
(usually the County Clerk and Recorder).
5b. The claim must be monumented on the ground so that the mineral
surveyor can identify it.
6. In accordance with the instructions, a deposit in the proper amount
must be made to cover the costs of the Bureau of Land Management in
processing the survey.
7. The mineral surveyor designated must be one with whom prior
arrangements have been made for the survey. The Bureau of Land
Management may request proof, in the form of a simple letter from the
mineral surveyor, that he has agreed to make the survey. The application
should then be dated and signed by the applicant(s), if a corporation by
the authorized officer, or by the Attorney-in-fact if by an agent acting
for the applicant. Proof of authorized signature will not be required by
the Bureau of Land Management at this time, but will be required at the
time application for patent is made.
Several claims, generally limited to 50 in number, may be embraced in a
single survey provided they are contiguous, i.e., not merely cornering;
they must adjoin with common boundaries or overlap. Limiting the number
of claims to be embraced in a single survey is arbitrary, but set at
approximately 50 in order to facilitate processing. Two groups of claims
may be embraced in a single survey if they both adjoin a group
previously surveyed for patent and are owned in common.
Occasions have arisen where the group of claims lies in two states.
Applications for survey should be made in each state for the claims or
portions thereof which lie in that state. A survey number will be
assigned in each state for the portion lying within each state, but the
survey will be assigned for processing to the State where the majority
of the claims lie. (See Surs. Nos. 10631 Montana, 3168 Idaho.)
=4–5= Records Search: Prior to applying for the mineral survey, the
claimant or his agent should make a search of the county records to
determine if the claims are in conflict with other mining claim
locations. If so, copies of the location certificates should be obtained
for the mineral surveyor. If the claims are prior valid locations and
the claimant wishes to exclude them from his patent application, the
mineral surveyor will be required to show the conflict as it exists on
the ground.
If it is not the desire to exclude such claims, no mention of them will
be made in the field notes of the mineral survey, but the mineral
surveyor will be aware of them when he goes on the ground.
The claimant should also make a search of the Bureau of Land Management
records, particularly the Master Title Plats (M.T. Plats) to determine
conflict with prior patents and withdrawals. Connecting sheets, if
available, which show in outline all approved mineral surveys, should
also be examined for conflicts with prior mineral surveys. The BLM
record of unsurveyed locations should also be searched.
The claimant should make certain that his discovery point is on vacant
public domain, which includes minerals reserved to the United States
where the patent is for the surface only.
If two or more claims are involved, each must have its own discovery and
both discoveries may not be in an area of conflict between two claims.
The length and width of each lode claim must be checked to make certain
that statutory length of 1500 feet has not been exceeded and that the
right angle distance of no more than 300 feet exists on each side of the
presumed course of the vein (lode line).
The acreage of all claims and the length of placers must be checked for
excess. If excesses appear to exist the mineral surveyor should be
advised of them and directed to survey the claim within the boundaries
given so as to eliminate such excess.
While metes and bounds descriptions of lode claims are not mandatory,
the description must be such that the locus of the claim can be
determined. While a tie to a section is preferable, a tie to another
mineral survey, mineral location monument, or triangulation station of
the National Geodetic Survey or U.S. Geological Survey is acceptable
provided they can be identified with the public land survey. Ties to
bench marks are not acceptable.
Irregular claims, such as placer claims or mill sites, must have a metes
and bounds description closing within 0.50 feet in 1,000 feet. The
acreage of lode claims cannot exceed 20.661 acres. Placers may not
exceed 20 acres to each claimant, exclusive of conflict, and mill sites
may not exceed 5 acres, exclusive of conflict.
One of the location certificate copies must be certified by the
custodian of the local records, usually the County Clerk and Recorder.
If any of the above items are not in order, it will be necessary to
require the claimant to file an amended location certificate that will
properly describe the claim. If the error in the certificate is small,
or there is an obvious clerical error, such as calling for a bearing of
N.——W. when it should be N.——E. it will suffice to state in the final
field notes that the location certificate is in error.
To aid in determining the locus and relative position of several claims,
the claimant may be called upon to furnish a diagram. If the certificate
is marginal in detail, it is proper to suggest to the mineral surveyor
that an amended location certificate be filed and an amended order for
survey obtained before completing his survey. It is also proper to set a
time limit for the completion of the survey and filing returns.
After receipt of the survey order, the Mineral Surveyor should obtain
copies of necessary survey records, including MT Plat, the notes of
township surveys, conflicting mineral surveys, including the reports as
to the condition of corners and survey discrepancies contained under
other corner descriptions and supplemental data, Homestead Entry Surveys
and Exchange Surveys on Forest Service lands, Small Claims, Homesites,
Trade and Manufacturing Sites, Rights-of-Way and Townsites. He should
also consult the State and County records for restored section corners
and subdivision of sections. A visit with the County Surveyor will often
prove profitable.
=4–6= Order for Survey: The order for survey is issued by the State
Director of the Bureau of Land Management or he may delegate this action
to the Chief, Branch of Cadastral Surveys.
The order for survey is issued on current Form 3860–6, (see appendix) or
may be in letter form. The information given is essentially the same as
contained in the application for survey. The names of the locations must
be exactly as given in the location certificates.
The next consecutive survey number is assigned; a number from a
cancelled survey or survey order should not be used. Lodes and placers
may be included in the same survey. If a mill site is included, it is
designated by adding the letter “B” to the survey number; the other
claims being designated “A.”
A copy of the location certificates should be furnished to the mineral
surveyor, and a copy of the order to the claimant; also to the Regional
Forester if the claims are within a National Forest, or the National
Park Service if within a National Park or Monument.
=4–7= Amended (or Supplemental) Order for Survey: An amended order is
based on an amended application from the claimant. It is usually
occasioned by the filing of amended location certificates. The amended
application is processed exactly the same as the original application.
An amended order is also called for if there is an addition or deletion
of claims from the survey.
A change in mineral surveyor will call for an amended order, but the
order to the original mineral surveyor must be cancelled.
[Illustration:
BUREAU OF LAND MANAGEMENT SECTION CORNER
]
[Illustration:
NATIONAL GEODETIC SURVEY TRIANGULATION STATION
]
If the claimant sells the claims, an amended order will be required to
show the new claimant.
An amended order may be used to authorize the survey of additional
expenditures if the survey was approved without $500 of expenditures
being made. (See Sec. 5–21)
=4–8= Cancellation of the Survey Order: The most common reason for
cancelling a survey order is failure of the mineral surveyor to complete
the survey and file his returns. Under these circumstances, both the
claimant and the mineral surveyor should be advised 30 days in advance
of the action and be requested to show why the order should not be
cancelled. If any reasonable explanation is given, the time should be
extended. Lacking reasonable explanation the order will be cancelled,
notifying both the claimant and the mineral surveyor, and any excess
deposit is returned to the claimant.
Other reasons for cancelling a survey are a request to do so by the
claimant, or if the claim has been declared null and void due to a
contest brought by the United States.
The mineral survey number of a cancelled survey will not be used again,
unless reopened as an amended survey and would then be shown with an
“Am.” following the mineral survey number.
CHAPTER V
The Patent Survey
Field Work
=5–1= Preliminary: The first step in the field work should be an
examination of the property with the claimant or his representative,
unless such an examination was made prior to contracting for the survey.
A sufficient number of claim corners should be visited to determine the
material used, their condition, manner of marking, etc. In the course of
such an examination, the claimant should point out known section
corners, location monuments and triangulation stations, both of the U.S.
Geological Survey and the National Geodetic Survey. The claimant may
also be able to identify corners of adjoining and conflicting surveys
and locations. If the property is extensive, the claimant may have
established his own triangulation network and coordinate system, and if
so, it should be incorporated into the survey, although not necessarily
made a part of the official record.
All the discovery workings should be visited, the discovery points and
discovery monuments pointed out. Other workings should be visited and
the safety of old underground workings discussed. Maps of underground
workings may be available. Workings constructed by third parties should
also be identified.
Relations with landowners and other claimants in the area may be
established with the help of the claimant. In addition to gaining access
to the property and to their property for the purpose of executing the
survey, they may have helpful information as to the location of section
corners and the origin of fences.
If access is refused, it may be necessary to obtain help from the U.S.
Marshall, but if properly handled in advance of the field work, the
necessary permission will usually be granted. The fact may be stressed
that you are a government official and that your work will be impartial.
Emphasize that as a qualified surveyor, you are bound to protect all
valid interests, property rights, and evidence.
Copies of the claimant’s maps of the property showing the claim
boundaries, discovery and other workings and access roads should be
obtained from the claimant. The claimant may also have aerial photos
which will be helpful in planning the survey.
Descriptions of all triangulation stations should be obtained. The plat
and field note record of all prior mineral surveys in conflict or
adjoining, as well as a copy of the connected sheet should be ordered,
if not previously furnished with the survey order. The county records
pertaining to surveys and particularly the restoration of section
corners should be searched. The county surveyor may be helpful.
If the field examination reveals that there are insufficient location
corners on the ground to identify the claims, an amended location survey
with the resulting amended location certificates and request for an
amended order for survey will be necessary.
=5–2= Survey Methods: The preliminary field examination will suggest the
best method of survey. This will be dictated largely by the nature of
the terrain and the amount of timber and brush. Modern methods employing
theodolites and electronic distance measuring equipment should be used.
Regardless of the method used, the work must be sufficiently checked to
assure that errors will be avoided. Most errors occur when adjusting
corners to their final position.
[Illustration]
[Illustration:
EXECUTING A MINERAL PATENT SURVEY
(Transit and Tape Method)
]
=5–3= Executing the Survey: The survey is usually initiated by retracing
the boundaries of the location, or tying-in the corners, along with the
discovery monuments and discovery points. Readily identified corners of
conflicting surveys and section corners should also be tied in. The
relative positions of the corners and discovery points are then
determined by calculated bearings and distances. If the boundaries are
within the statutory length and width (1500 x 600 ft.), the end lines
are parallel and the sidelines are within 300 feet on either side of the
discovery point, the survey may proceed.
If only small corner moves of a foot or so will make the claim conform,
an amendment is hardly necessary; otherwise, the corners should be moved
and amended location certificates filed.
A single claim may be surveyed within the location boundaries, without
amendment, as long as the above conditions are met.
New discoveries may be necessary, but if intervening rights are
suspected, it is better to hold to the original discovery points and
stake fractional claims as required.
If the deposit is a blanket vein or massive deposit, the discovery may
be anywhere within the claim, except in Wyoming where State law requires
that the side lines be equidistant from the discovery.
If no public land survey corners or location monuments (or other
horizontal control stations) can be found within two miles of the survey
it will be necessary to establish a location monument. The requirements
are given in Sections 10–32, 33 and 34 of the Manual of Surveying
Instructions. There was a period when these monuments were called
“Mineral Monuments” and were designated “U.S.M.M.”
Conflicts with prior mineral surveys must be determined. It is necessary
to search for each corner controlling a line in conflict. One corner is
insufficient if others can be found. If the necessary corners cannot be
found the boundaries shall be reestablished (not remonumented since the
property belongs to another party) in accordance with the methods set
forth in Chapter VI.
Conflicts with unsurveyed locations are not to be shown unless it is the
wish of the claimant to exclude them from his patent. If they are prior
locations, it may be well to do this in order to avoid an adverse suit.
Conflicts with unsurveyed locations owned by the claimant and not a part
of the survey need not be shown and excluded unless the area of conflict
contains the discovery of the unsurveyed location. In cases where two
claims of the survey are in conflict, the discovery of each claim may
not be within the area of conflict. If so, an amended location is
necessary to show a new discovery for one of the claims, outside the
area of conflict.
If fee lands with mineral rights are in conflict, a subdivision of the
section(s) may be necessary. This will depend on the wishes of the
claimant and the Bureau of Land Management. An extensive resurvey that
would place a hardship on the claimant should not be required. If a
subdivision can readily be accomplished, it should be done.
It is not necessary to fix the boundaries of stock-raising homesteads
since the minerals are reserved to the United States and belong to the
mining claim in areas of conflict.
Special surveys such as townsites, Homestead Entry Surveys, U.S. Surveys
and Coal Surveys in Alaska are treated as are prior mineral surveys.
Rights-of-way should not be shown as the minerals are reserved, and when
the right-of-way is abandoned, the surface reverts to the mining claim.
In Alaska, native graves must be tied-in. Cemeteries should be shown.
Figure 5 shows Sur. Nos. 1234 A lode and 1235 B lode in conflict with
the XYZ lode that is being surveyed for patent. Cors. Nos. 1 and 4 of
Sur. No. 1234 A lode control the line of conflict with that claim. If
they can be found, no further search is necessary; if they cannot, the
search must be continued for Cors. Nos. 2 and 3. In the case of Sur. No.
1235, all four corners are required to be found in order to properly
show the conflict.
Figure 6 shows the ABC and XYZ lodes, both of which are being surveyed
for patent under the same survey order. The discovery shafts of both
claims are in the area of conflict. In order to validate the claims, a
new discovery must be shown for one of them, outside the conflict. It
need not be the later claim as the owner has the right to decide which
claim shall exclude the conflict.
If amended location certificates are filed for record, it will be
necessary to make an amended application for survey to the Bureau of
Land Management based on the amended certificates, and receive an
amended order for survey. It will not be necessary to suspend field work
pending such amendment, but it is advisable to refrain from marking the
corners and accessories with the survey number until the amended order
is received.
[Illustration]
[Illustration:
MINERAL PATENT SURVEY CORNERS
Top: a copper coated steel pin with brass cap. The location monument
is set alongside.
Bottom: a stone corner chiseled with the corner number, the initial of
the claim and the survey number.
]
[Illustration:
FIG. 5
]
[Illustration:
FIG. 6
]
=5–4= Monumenting the Survey: Section 10–35 of the Manual of Surveying
Instructions, 1973 lists corner monuments in their order of preference.
Accessories to the corner generally consist of bearing trees or bearing
rocks. If trees are available, two different species at approximately
right angles from each other to the corner should, if possible, be
selected and marked differently so that each can be readily identified.
For example: one might be a Douglas Fir, 10 inches diameter, bears N.
10° E., 20.65 feet dist., blazed and scribed 1 W—2826 X BT; the other a
Ponderosa Pine, 7 inches diameter, bears S. 70° E., 12.52 feet dist.,
blazed and marked X BT. In each case the measurement should be taken to
the X which is in contrast to the bearing trees to section corners, the
measurement being taken to the center of the trees. If the measurement
is to the center of the tree, an X should not be included in the
markings.
The difference between a pine, spruce and fir can be identified by the
needles, the pine having needles in bundles, the spruce having needles
square in cross section, and the fir having flat needles.
Bearing rocks should be marked X B O or X B R with the measurement taken
to the X; the rock or outcrop being of sufficient size to be readily
identifiable.
Ties along claim boundaries to items of planimetry and drainage
surrounding the corner may be taken at this time. Ties to section
corners, location monuments and triangulation stations may also be made
at this time if they are close to a corner.
There is no objection to monumenting corners that fall on patented land.
If they fall in a cultivated field they should be buried at least one
foot in the ground. If the landowner objects, a witness corner may be
set. Witness corners should also be set if the corner falls at an
inaccessible point (see Section 4–17 of the Manual of Surveying
Instructions). If the corner falls in a road, it is advisable to bury
the corner at the true point and set reference monuments at equal
distances on either side of the road (see Section 4–16 of the Manual of
Surveying Instructions).
Location posts, such as a 4×4 post in good condition, may be set
alongside the patent survey corners as a guard post and to aid in
calling attention to it.
In selecting corner numbers, there is no rule other than Cor. No. 1
should be the corner from which the tie is given to the section corner
or location monument. When surveying a block of claims common corners
should be given the same number thereby reducing the number of section
corner ties required from Cor. No. 1. This facilitates field note
writing as well as platting.
=5–5= Improvements: All improvements made by the claimant or his
grantors are to be tied to a corner of the survey, measured, and a value
placed thereon if they are such as to count toward the $500 patent
expenditure. If they are to count as patent expenditure, they must be in
the nature of actual mining improvements, such as cuts, tunnels, shafts,
drill holes, etc.; in other words, an improvement that tends to develop
or explore the mineral deposit.
Improvements such as cabins, ore bins, roads, bridges, etc., do not
develop the claim, but should be tied in, measured and included under
“OTHER IMPROVEMENTS” in the field notes, without a value.
Work done by third parties must also be tied-in and listed under “OTHER
IMPROVEMENTS.” If the claimant to such work is unknown, that fact should
be stated. Again, no value is to be placed on these improvements.
The value to be placed on small improvements can readily be ascertained
by multiplying the local wage or cost of equipment and operator by the
length of time required to do the work. Drill holes may be valued at the
cost of drilling, plus the cost of surveying, geologic evaluation and
assaying. Larger improvements may not be as easy to estimate, and it may
be necessary to go to the claimant’s cost records in order to place a
reasonable value on them.
Common improvements require special consideration. See Sections 10–55,
10–56, and 10–57 of the Manual of Surveying Instructions. A common
improvement is one that tends to benefit several claims of a common
group. It must have been constructed in its entirety subsequent to the
location of each claim of the group, or at least $500 must have been
spent on the improvement subsequent to the location of each claim of the
common group. All claims within range of benefit must be included, even
though they were previously surveyed, or if they are locations which are
not included in the survey. The field notes must recite all the claims
involved, whether previously surveyed or unsurveyed.
[Illustration]
[Illustration:
OPEN PIT MINES
]
[Illustration:
AN ACCESS ROAD IN RUGGED AREA. SUCH ROADS DO NOT AS A RULE COUNT
TOWARD PATENT EXPENDITURE.
]
[Illustration:
AN ADIT (TUNNEL) LEADING TO EXTENSIVE UNDERGROUND WORKINGS
]
Improvements need not be surveyed with the same accuracy as the claim
boundaries. Stadia measurements are acceptable, although they should be
made with a Philadelphia Rod and distances kept under 500 feet. Small
workings may be measured with a Brunton Compass and steel tape, but some
point of the working, such as the mouth of a tunnel or cut, must be tied
to a corner of the survey using a transit.
Surveys of extensive underground workings may be taken from the
claimant’s records if such surveys were executed under the supervision
of a mining engineer.
Extreme care should be exercised in entering old workings. In addition
to unsafe timbering, they may be poorly ventilated resulting in bad air
that could be fatal. Rather than risk an accident, the extent of such
workings can be estimated from the size of the dump.
Ties to discovery workings require special mention in view of the
directive from the Assistant Director of Technical Services, Washington,
D.C., dated March 15, 1978.
Normally the discovery working is on the lode or intersects it and a tie
is given along the lode line to the point of discovery, such as the face
of the discovery cut, the mouth of the discovery tunnel, the center of
the discovery shaft, etc.
However, in the case of blanket veins that are essentially horizontal a
presumed lode line or center line need not be shown, and the discovery
working may be anywhere on the claim. In such cases, the tie may be
given from the nearest corner of the survey and included in the
description of that corner, or a right angle tie may be given from a
point on the nearest end line.
Where a discovery has been made by a hole drilled on an angle, a bearing
and distance will be given from the collar of the drill hole to the
point where it intersects the orebody, the collar of the hole will in
turn be tied to the section corner or location monument. The description
of the hole will necessarily include the verticle angle and the slope
distance. This does not apply to Wyoming where State law requires that
the discovery be on the center line.
=5–6= Placer Claims: Placer claims that do not conform to the legal
subdivisions of the public land survey will require a patent survey.
When such claims are on unsurveyed land they should be conformed as
nearly as possible to the protracted survey.
If the claims consist of a gulch placer they must be contained within
the required number of 40 acre tracts according to the number of
locators.
Metes and bounds placers are also permissible where conflicts with other
mining claims would result if a description by legal subdivisions was
used. In such cases, the placer claim must be surveyed around existing
claims, so that no conflict exists.
The field notes of a placer claim must also contain a descriptive report
as called for in the Code of Federal Regulations, 3863.1–3(c). The
information required in the descriptive report was omitted from the 1973
Manual of Surveying Instructions but was contained in the 1947 manual as
follows:
“The mineral surveyor is required to make a full examination
of all placer claims at the time of survey ... and to file
with his field notes a descriptive report ... duly
corroborated by one or more disinterested persons and
covering the following items:
(a) The quality and composition of the soil, the kind and
amount of timber and other vegetation;
(b) The location and size of streams, and such other matter
as may appear upon the surface of the claims;
(c) The character, extent, and position of all surface and
underground workings for mining purposes;
(d) The proximity of centers of trade or residence;
(e) The proximity of well-known systems of lode deposits or
of individual lodes;
(f) The use or adaptability of the claim for placer mining,
including the availability of water in sufficient quantity
for practical operations;
(g) Works or expenditures made by the claimant or his
grantors for the development of the claim; and,
(h) The true position of all known mines, salt licks and
salt springs, and mill sites. When none is known to exist on
the claim, the fact will be so stated.”
[Illustration:
A URANIUM MILL
]
[Illustration:
A URANIUM TAILINGS OR EVAPORATION POND
]
=5–7= Mill Sites: Modern day mining and milling require sizable areas
for waste storage, tailings and evaporation ponds. Camp sites, including
schools, may be required for personnel employed at the mine or mill.
Such areas are properly taken as mill sites and a large number may be
required. They may be taken by legal subdivisions but often are
surveyed, either with lode or placer claims or separately. If they are
included in a survey with lodes or placers the survey number includes
the letter “B”, while the other claims are designated “A”.
A mill site is not a valid location until it is put in use; therefore,
all improvements and projected improvements should be shown. If the
ground is to be used for a tailings or evaporation pond, the dam should
be shown with its ultimate height and the high water line of the pond
delineated by the survey.
It is also important to demonstrate the non-mineral character of the
land. In the case of adjoining blanket deposits such as uranium, a few
scattered drill holes will show the absence of a mineral deposit.
Office Work
=5–8= Calculation: The first step will be to reduce coordinate positions
to direct ties, starting with the section corner ties, followed by short
ties between claims of the survey should these claims actually overlap.
In selecting the corners to tie, the tie between corners should be given
that will facilitate the calculation of intersections and areas by
solving triangles.
As illustrated by Figure 6, claims ABC and XYZ are in the same survey. A
tie should be given from Cor. No. 1 of claim ABC to Cor. No. 2 of claim
XYZ; not between Corners 1 and 3. After these ties have been calculated,
they should be checked by calculating closures using the various short
ties and section corner ties.
In selecting corners of conflicting surveys to give tie to, the corner
within the survey as illustrated in Figure 5 should be selected. The tie
to Sur. No. 1235 B lode should be to Cor. No. 1 from Cor. No. 1 of the
XYZ lode, or to Cor. No. 2 from Cor. No. 4.
Lines of prior mineral surveys between recovered corners should be
reported as correct or substantially correct as approved. If found in
error the correct bearing and distance should be given.
In Figure 5, if Cors. Nos. 1, 2 and 4 of Sur. No. 1235 B lode were
recovered, lines 1–2 and 4–1 should be reported. Lines 2–3 and 3–4
cannot be reported since Cor. No. 3 was not found. If the tie from Cor.
No. 1 is to the same section corner as used in the survey of claim XYZ,
then the correctness of the tie should be reported. If Cor. No. 1 was
not recovered, the section corner tie cannot be reported.
The position of missing corners should be fixed in accordance with
Chapter VI. The remaining lines can then be reported as fixed by the
selected method of restoration.
Intersections and areas of conflict should then be calculated by solving
triangles. Areas may be calculated using double meridian distances, but
intersections should never be calculated by forcing a closure.
Intersections may be checked by closure.
A special situation exists where a former survey excluded an unsurveyed
location from the patent and the unsurveyed location has subsequently
been abandoned. This area is designated as a tract and its boundaries
are determined from the prior survey. See Tract A of the Jim Dandy Lode
described in the specimen field notes and plat of the Manual of
Surveying Instructions.
Another use of a tract is for the purpose of excluding a small area
surrounding the discovery of another location not embraced in the
survey.
Intersections and areas of conflict with patented lands containing
mineral rights must also be calculated.
Supporting calculation sheets need not be furnished the Bureau of Land
Management but computer tapes, if available, will be helpful. The BLM
can perform the necessary checks by computer.
=5–9= Preliminary Plat: The mineral surveyor will find it advantageous
to prepare preliminary plats prior to writing the field notes. One plat
should provide the base and give all the details of the survey with
items of topography and culture secondary. This plat may be prepared in
pencil or ink at the option of the mineral surveyor. It should be such
that legible blue lines copies can be furnished to the Bureau of Land
Management along with the notes, and to the claimant. It should clearly
state that it is a PRELIMINARY PLAT SUBJECT TO CORRECTION. Some offices
of the Bureau of Land Management may request a reproducible copy.
Plats on linen are no longer required. A secondary plat showing the
topography and culture in detail will be an aid in writing field notes,
but is not required by the BLM.
If drill holes are part of the improvements and are too numerous to show
on the base plat, a separate plat is advisable.
=5–10= Field Notes: A detailed set of specimen field notes is contained
in the Manual of Surveying Instructions which should be followed for
form and content. There are, however, some inconsistencies: The title
page shown in the manual should not be used. Use current Form 3400–11,
as supplied by the Bureau of Land Management.
The locations should be listed in the same order that they are described
in the field notes, thereby serving as an index.
The field notes begin with a description of instruments and the mean
results of the solar or other azimuthal observations. The latitude and
longitude of the observing station is given. If this is not at a corner
of the survey, the latitude and longitude of the first corner described
should be given, thus:
At Cor. No. 1 of the Jim Dandy lode, identical with Cor. No.
1 of the Prince Lode of this survey, in latitude 38°45′ N,
and longitude 106°20′ W.
A description of the measuring devices follows the observation for
azimuth. If an electronic distance measuring device is used, the name
and serial number should be given. It should also be stated that it was
tested by measuring a known distance before and after the survey, and
found correct.
Corner markings as shown are acceptable for stone monuments or wood
posts. When a monument with a cap is used, the following marks would be
more suitable:
[Illustration]
The X has been omitted from the inscription on bearing trees which is
incorrect, unless the measurement was taken to the center of the tree.
It should be included, thus: JD–1–20220A XBT or JD–1–PRI–1–20220A XBT if
the full complement of marks are shown.
When giving intersections only the distance to the line being
intersected is given for claims of the survey as the distance to the
corner on the line being intersected will be given later in the notes
when that claim is described.
When the intersection is with a prior mineral survey or unsurveyed
location, the distance should be given to a corner within the claim, or
the same corner each time the line is intersected. See the intersection
of lines 2–3 and 3–4 of the Protector lode with Sur. No. 20100 Silver
lode.
Note that intersections are given to the nearest hundredth of a foot,
while distances to items of topography and culture are to the nearest
foot. Distances given in ties including bearing objects should be to the
hundredth of a foot.
The area statement should show all conflicts and be so arranged that any
exclusion may be made and the net area to be patented readily
obtainable. This can best be done by starting with the oldest survey and
progressing through the various conflicts, but this may not hold true if
a prior survey has not been patented. A copy of the preliminary plat may
be used to color the exclusions and make certain that all have been
properly stated.
Under the heading “LOCATION” it is important to state that the survey is
identical with the location as marked on the ground or to state the
differences. When describing corners, ties should be given to location
monuments when they are not identical. See the Prince Lode in the
specimen notes.
Only those improvements counting toward the $500 expenditure are to be
given under the heading “IMPROVEMENTS.” In such case, the discovery
working should be numbered one. If there is no discovery working, but a
discovery point is called for, it may be described and labeled No. 1.
Any improvements that do not count toward the patent expenditure or
those that have been made by others should be listed under “OTHER
IMPROVEMENTS.”
“OTHER CORNER DESCRIPTIONS AND SUPPLEMENTAL DATA” is a very important
part of the notes since it contains the report on prior surveys. Do not
report another mineral surveyor in error for minor discrepancies in
bearings and distances. The phrase, “substantially correct as approved”
may be used, or “approximately correct as approved.”
Under “MEMORANDUM” differences with the calls given in the location
certificate may be explained, as well as typographical errors in the
certificate.
Because of corrections that may be required by the Bureau of Land
Management it is well to prepare a preliminary draft of the notes for
submitting to the BLM. The final typing, in triplicate, can be
accomplished after all differences have been resolved.
=5–11= The field notes and preliminary plat should be sent to the State
Office of the Bureau of Land Management by either certified or
registered mail with a return receipt requested. A copy of the
preliminary plat may also be sent to the claimant with a copy of the
letter of transmittal to the BLM.
As a rule, the returns of mineral survey should remain confidential
until the survey is approved. The mineral surveyor should maintain this
confidence. If a demand is made of the Bureau of Land Management under
the Freedom of Information Act, then the preliminary nature of the work
should be clearly stated to the recipient.
Processing the Survey
=5–12= Preliminary Examination of Field Notes: The examination of the
survey may begin by reading the notes and comparing them with the
preliminary plat. As a general rule the mineral surveyor will write the
notes from the plat. If inconsistencies appear, they will usually be
typographical errors in the notes. However, this must be verified by the
mineral surveyor.
Particular attention should be given to the format as shown by the
specimen notes of the Manual of Surveying Instructions, 1973.
Corner descriptions must be proper and adequate. Ties should agree with
the preliminary plat. Discovery points must be on public domain.
By posting the mineral survey to the connecting sheet or similar plat
with a pencil, conflicts and other surveys within 100 feet may be
determined.
The names of the locations must agree with those given in the location
certificates. End lines must be parallel and the statutory length and
width cannot be exceeded. Improvements should be fairly valued; the
discovery point should agree with that given in the location
certificate; common improvements should be correctly described and all
claims benefiting therefrom should share equally. The geographic
position of one corner of the survey must be given. Under “LOCATION” the
correct section, township and range should be given.
It should be stated that the survey is identical with the location as
marked on the ground. If not identical, it should be so stated, and ties
to location monuments must be given.
The section corner tie may not exceed two miles from the nearest corner
of the survey. Intersections with the lode lines and distances along the
lode line to the discovery point must be given. (Exception: bedded
deposits.) The bearing of the lode line, if different from the side
lines, must be shown on the plat.
Reports on former surveys should be checked against the notes of these
surveys. The bearings and distances of lines of former surveys that are
wholly within the survey or a claim of the survey must be given.
The area statement should be reviewed to make certain that conflicts are
given in chronological order and that any exclusion or combination of
exclusions can be ascertained.
The magnetic declination must be given. The beginning and completion
dates of the survey must be given. The survey cannot begin prior to the
date of order.
=5–13= Calculations: Calculations may begin by computing the solar
observation; the declination should be verified, also the latitude and
longitude. The survey should close. Lode claims should have a perfect
closure; irregular claims such as placers should close within 0.5 feet
in 1,000 feet. The statutory length and width of lode claims may not be
exceeded. The width at right angles to the lode cannot exceed 300 feet
on either side. The section corner ties within the survey may be checked
by closure, using short ties between claims of the survey; each section
tie and short tie should be used in at least one closure. The closures
should not exceed 0.5 feet in 1,000 feet. (It may be necessary to report
the longer section ties to an even number of seconds such as 15″.)
The section corner ties should be checked against those given in
conflicting surveys using the short ties given to these claims along
with the reported boundaries. Such closures, depending on the length of
the ties, should not exceed 10 feet. If they do exceed this distance,
the correct tie should be given under “OTHER CORNER DESCRIPTIONS AND
SUPPLEMENTAL DATA” provided that the corner from which the tie was made
was recovered. If the corner was not found, the error cannot be
reported. The same applies to short ties between conflicting surveys,
but the allowable error should be within the 1:2000 limit. If more than
one section corner is tied, the bearing and distance along the section
line should be checked, reporting any appreciable difference under
“OTHER CORNER DESCRIPTIONS AND SUPPLEMENTAL DATA.”
The bearings and distances of intersections with lines of prior surveys
should be correctly stated. This may be verified by closure, but if a
closure of 1:2000 is not obtained, it will be necessary to calculate the
intersections by solving triangles, to determine where the error lies.
Such intersections should check with 0.2 feet.
From the intersections obtained, the areas of conflict should next be
calculated. If the final plat is drawn at a scale of 1″ = 200′,
conflicts with a conflict, i.e. double conflicts, may be checked by
dividing the area of conflict into triangles and scaling the base and
altitude. The mineral surveyor, however, must actually calculate these
areas. All areas should check within 0.02 acres.
=5–14= Platting Procedures: The lines of the survey are shown heavier
than those of former surveys so that the locations of the survey will
stand out.
All corners recovered or set are shown with a circle to distinguish them
from corners not found.
The lode line is shown as a broken line and if parallel to the side
lines, only the distance each way from the discovery point is shown; if
not parallel, then the bearing must also be shown. The bearings and
total distances of the lines of the survey are shown heavier than those
of conflicting surveys and intersections along such lines.
The names of the locations of the survey shall be shown in vertical
capital letters and be larger and heavier than those of conflicting
surveys, which shall be shown in upper and lower case.
Distances to intersections along the line of survey should be shown
before the intersection. Intersections with lines of prior surveys are
given preference over topographic items. Where space will not permit the
showing of a distance, it may be placed above a prior distance, with the
first distance shown next to the line.
Bearings of conflicting surveys are usually shown in the direction of
the line between corners as surveyed; i.e., from corner 1 to corner 2,
etc. Bearings and distances in all cases should be shown along the line
they pertain to. Bearings of ties should be shown in the direction from
the corner from which the tie was made. Ties will be shown with light
broken lines. If there is not room to place the bearing and distance
next to the line, it may be placed on an arrow.
All bearings and distances shall be in slant lettering. Witness corners
are shown with a circle and labeled W.C. Cor. No.——, provided they are
on a line of the survey. If not on line they are shown with a tie.
Surveyed section lines and surveyed subdivision of section lines are
shown by solid lines; unsurveyed lines are shown with a broken line.
Designation of subdivisions, Township and Range should be vertical
letters. The discovery workings and all other improvements are labeled;
they may be numbered to agree with the field notes. It is not necessary
to give a tie to the improvements, except a common improvement tunnel,
shaft, etc.
The title block shown on the specimen plat in the Manual of Surveying
Instructions should be closely followed. While the plat scale is usually
200 feet to an inch, it may be smaller to accommodate several claims,
provided the necessary data can be shown. Where more than one sheet is
necessary, only the final sheet need have a title block. All sheets
should carry the survey number and state that it is sheet No. —— of ——
sheets.
When the plat is finished it should be compared with the field notes.
This can be done by two people, one reading the notes and the other
following the plat; or two people can independently do the comparing. If
rough draft notes were submitted by the mineral surveyor, they should be
returned to him with the corrections for final typing, and execution of
the “Certificate of Surveyor,” current Form 3860–7.
The final typing will consist of the original set on current Form
9180–21, which is bound on the left, with two carbon copies on current
Form 9180–22, which is bound at the top; this may vary with state office
practice. (Xerox or similar copies are not acceptable.)
=5–15= Approval of Survey: The lower portion of current Form 3860–7,
“Certificate of Surveyor,” contains the certificate of approval to be
signed by an officer of the Bureau of Land Management. This may be the
State Director or he may delegate this authority to the Chief, Division
or Branch of Cadastral Surveys, for that state. He should also sign the
certificate of transcript for the two carbon copies.
Current Form 3860–8, certifying $500 expenditure, must also be executed
by the above authorized officer and attached to the copy of the field
notes that will be filed with the application for patent. If $500 has
not been expended, it is the claimant’s responsibility to complete the
work and have the certificate executed and filed with the BLM Branch of
Land and Minerals (land office) prior to the expiration of the period of
publication.
If the survey has been properly executed and shows the facts, the State
Director cannot refuse to approve the survey because he feels that the
claim is invalid. (See 57 I.D. 63, Raymond E. Johnson, 1939.)
The original field notes and plat are then placed in the open files of
the Bureau of Land Management. The location certificates are to be
included with the notes. The two transcripts of the field notes together
with two cloth backed copies, one of which has been waterproofed for
posting, and a plain paper copy of the plat, will then be furnished the
claimant. An additional copy for posting will be furnished if a mill
site is included in the survey.
One set of the notes and one copy of the plat will be used to support
the application for patent. Current Form 3860–4, is used to notify the
State Branch of Land and Minerals and the Director, Bureau of Land
Management, of the approval of the survey and includes a sketch of the
survey. This form is also used to notify the Regional Forester if the
survey is on a National Forest.
The mineral surveyor should be notified by letter of the approval of the
survey and he should be furnished a paper copy of the plat and requested
to examine it at his early convenience. (See appendix for copies of
forms.)
Departures from the Normal Procedure
=5–16= Cancellation of Surveys: A patented mineral survey may never be
cancelled. An unpatented mineral survey may be cancelled only after the
claim has been declared null and void or relinquished by the claimant;
then it need not be cancelled until it is necessary to do so to
accommodate an entry or administrative action. It can be cancelled only
by the officer of the Bureau of Land Management authorized to approve
mineral surveys.
In the past, claims could be declared null and void only after a
successful contest had been brought against the claim. After October 21,
1979, claims must be recorded with the Bureau of Land Management within
90 days of the location date or they will automatically be deemed to
have been abandoned and void.
The procedure is as follows: When the Chief, Branch of Cadastral Surveys
of the State Office is notified that a claim has been declared null and
void, a notation to that effect should be made on the plat of survey (or
if the plat is in the archives, it may be made on the card index). No
further action is necessary at this time; the survey is not cancelled.
Cancellation becomes necessary if an entry or administrative action,
including a survey or resurvey, involves the land embraced in the
mineral survey. Current Form 3860–4, Approval of Mineral Survey, may be
used to cancel the survey and to notify the Director of the Bureau of
Land Management and any other interested parties substituting the word
“cancelled” or “cancellation” for approval or it may be by memorandum.
Should a supplemental plat be required to lot the area embraced in the
survey, a certified set of the field notes of the survey and the mineral
survey plat should accompany the plat to Washington, as they do not have
the field notes of unpatented mineral surveys. The field notes of the
cancelled survey becomes the basis for the new lot designation. The
Director’s memoranda of July 14, 1958 and November 17, 1960, cover the
subject.
=5–17= Unapproved Survey: Occasionally an order for survey will be
cancelled and it is not known how far the mineral surveyor has proceeded
with the field work and what corners have been set and marked. In no
case should the corners be removed as they still serve as corners of the
location which may be perfectly valid. The survey number should not be
re-used inasmuch as it will serve to identify the corners on the ground.
=5–18= Additional Notes and Certificate on Plat: In the past, additional
notes were sometimes prepared from the existing record along with
amendment to the plat in red ink and accompanying certificate when there
was an omission of a conflict with an agricultural or other patent, a
pending entry or an adverse claim.
For example: A survey was approved without showing the conflict with a
legal subdivision that had been included in a preemption homestead. The
subdivision was protracted on the mineral survey plat from the township
survey, based on the section corner tie given in the mineral survey,
intersections given with the boundaries of the subdivision, and an area
of conflict calculated. All plats were recalled for the amendment. The
additional notes were written, in triplicate, by the cadastral surveyor,
to show only the lines of the mineral survey involved in the conflict,
giving the intersections. The area statement was rewritten to the extent
necessary to show the area of conflict.
The same procedure was followed if an adverse claim was to be excluded
on the basis of the description in its location certificate. Red ink was
used on the plats to distinguish the amendment, but black ink was used
if the certificate specifically stated the extent of the amendment.
Most offices now resolve the above situations solely through a
memorandum process.
=5–19= Amended Surveys and Amended Plats: This is occasioned by an error
in the original survey that is not discovered until after the survey is
approved, or for the same reasons listed in 5–18 above, where the
amendment cannot be made from the existing record and additional field
work is required. The claimant may also request an amended survey. The
claimant bears the cost. Example: In Survey No. 19202A-Am. Colorado, the
wrong claim was included in the survey. The correct claim was included
in the amended survey which covered the same ground.
=5–20= A new survey is required if the claim boundaries are changed by
amendment after the original survey is approved. Section 10–62, page 226
of the Manual of Surveying Instructions states: “An amended survey must
be made in strict conformity with, or be embraced within the lines of
the original survey.” A new survey is also required where the claim has
been abandoned and relocated by another.
=5–21= Expenditure of $500 After the Survey is Approved: Supplemental
notes based on a supplemental order for survey, either to the original
mineral surveyor or another mineral surveyor, must be submitted and
attached to the original field notes. The supplemental notes must
contain a full description of all improvements. If the additional
expenditure applies only to one claim of a group, only the expenditures
of that claim need to be recited. Current Form 3860–8, Certificate of
Expenditures, must be executed and attached to the claimant’s copy of
the notes for filing with the patent application.
=5–22= If patent is applied for long after the survey was approved, a
statement from the Chief, Branch of Cadastral Survey, will be required
by the Branch of Land and Minerals to the effect that the plat correctly
shows all conflicts, or listing the later surveys with which a conflict
exists.
If later surveys did not exclude the survey in question, the plat will
be returned by the Branch of Land and Minerals for amendment, and
amended notes will have to be written. If the applicant is not the same
as the claimant shown at the time of the survey, he is entitled to use
the survey provided he can show a chain of title. If he does not have
the necessary plats and notes, the Branch of Cadastral Survey will
supply him with the necessary copies. The claimant bears all costs.
=5–23= Occasions have arisen where a claim or survey excluded from the
patent is later abandoned. A supplemental application for patent may be
made for the excluded ground. The procedure to be followed is the same
as given in 5–22 above. Copies of the plats, including those for posting
and the notes must be furnished the applicant.
=5–24= Patent Applied for in Two Parts: When only a part of the claims
of a survey are applied for and patented, and later application for
patent is made for the remaining claims, a copy of the plat, or if the
plat is in more than one sheet, the sheets showing the claim, must be
posted, and a copy, together with a transcript of that portion of the
field notes pertaining to the claims, filed with the Branch of Lands and
Minerals at the time the supplemental application for patent is made. If
not all sheets of the plat are used, be sure that the ones used show all
ties and pertinent information.
CHAPTER VI
Resurveys
=6–1= Restoration of Lost Corners: There is no hard and fast rule for
establishing missing corners of mining claims. The method should be
selected that will give the best results, bearing in mind that end lines
should remain substantially parallel. Ordinarily, the mineral surveyor
should not remonument a restored corner; at least, it should not be done
without the full knowledge and approval of the owner. A cadastral
surveyor may remonument a corner if it is necessary to delineate the
boundary between public and private land. As with all lost corners, the
corner of a mineral survey should be reestablished from the best
available evidence and in such a configuration that will place the lines
as nearly as possible to their original position. The ties to bearing
trees and objects should be used first. In fact, if such accessories are
present the corner is not lost.
Second in order of preference is the use of short ties to or from
adjoining surveys. A word of caution in using other mineral survey ties:
In Colorado, and presumably in other states, there was a period where
the short ties to conflicting surveys were calculated through the
section corner tie. Such calculated ties should not be used. This period
is not exactly known, but it ran approximately from 1898 to April 28,
1904. If a report of other surveys was contained in the field notes, the
ties were not calculated. At the end of this period, it can be
determined if calculations were used. It is not so easy to distinguish
between the methods of survey at the beginning of the period since it
was not customary to report on other surveys. In any event, the short
tie should not be used unless the corner tied to (or from) is recovered.
If no corners can be found, the section corner tie may be used, but it
is the tie of last resort. In such cases, all lines are shown as
approved.
In Figure 7, several conditions are illustrated. In situation A, only
one corner is recovered, no other corners or accessories can be found
nor are there any short ties available. In the absence of further
collateral evidence, the three missing corners must be reestablished at
record bearings and distances from the recovered Corner No. 1.
In situation B, Corners Nos. 1 and 2 can be recovered. Lines 4–1 and 2–3
should be shown at the record distance, regardless of the length of line
1–2. The bearings of lines 4–1 and 2–3 may be the record bearing or at
the same variation from the record as line 1–2. If this was a
rectangular claim, then the bearing of the missing lines probably should
be at right angles to line 1–2, unless this would give a distorted
relationship between the claim and the workings on it, particularly the
discovery. Line 3–4 should be shown parallel and of equal length to line
1–2.
In situation C, Corners Nos. 1 and 4 are recovered. Line 2–3 should be
shown parallel and of equal length to line 4–1, if the record was such.
Lines 1–2 and 3–4 should be shown at the record distance, and at the
record bearing or with the same variance found for line 4–1.
In situation D two corners are again recovered, but they are opposite
corners, Nos. 1 and 3. Missing Corner Nos. 2 and 4 can be restored by
using the Grant Boundary method. See Section 5–44 of the Manual of
Surveying Instructions. They can also be shown at the record bearing and
distance from Cors. Nos. 1 and 3, using either the end lines or side
lines, with the resulting missing lines being the bearing and distance
required to close. The method selected should restore the lines in the
best relative position to the workings.
In situation E, three corners, 1, 2 and 4, are recovered. Line 2–3 is
shown parallel and of equal length to line 4–1. Line 3–4 is shown
parallel and of equal length to Line 1–2.
[Illustration:
FIG. 7
]
In restoring corners of irregular claims, such as metes and bounds
placers, the broken boundary (non-riparian) or the Grant Boundary method
should be used. It may also be applied to lode claims if the above
methods do not give adequate results.
In reestablishing corners of a block of claims, the rules of
proportionate measurement may be applied. In Figure 8, missing Corner
No. 2 of claims E, F, G and H can be restored by double proportion.
Missing Corner No. 1 of claims A and B may also be restored by double
proportion; since there is no corner beyond this corner, the record
distance from Corner No. 2 would have to be used in this direction.
Corner No. 1 might also be established at the record bearing and
distance from Corner No. 2, or lines 1–2 of claims A and B could be made
parallel and of equal length to line 3–4 of claim A. Since missing
Corner No. 3 of claims B and D is on an end line, single proportionate
measurement might be considered. See the Manual of Surveying
Instructions for proportionate methods, pp. 134–136.
=6–2= Township Resurveys with Mineral Surveys: Prior to field work, all
unpatented mineral surveys embracing claims that have been declared null
and void should be cancelled, leaving only valid existing claims and
patents to be segregated. Restoration of missing corners should only be
made where they are necessary to control the boundaries between private
and public land, including the boundaries between public land and
unpatented valid mineral surveys. Segregation surveys of unsurveyed
mining claims may be requested to accommodate administrative actions. If
possible, the owners of the mining claims should be advised of the
resurvey and given an opportunity to express their opinions as to the
position of missing corners.
=6–3= Mineral Segregation Surveys: Sections 7–39 to 7–44 inclusive, of
the Manual of Surveying Instructions adequately covers this subject.
Segregation surveys are not undertaken unless there is a need for them
arising from administrative action involving the adjoining land. Very
often it will be necessary to make the survey within the boundaries as
they are marked on the ground due to inaccuracies in the location
survey. The early township surveys in California often segregated
unsurveyed mining claims showing them on the township plats without
supporting field notes. Resurveys of such segregations may be required
based on the evidence found in the field.
=6–4= Supplemental Plats: When supplemental plats are required
segregating mineral surveys, all such surveys must be segregated. Again,
it is desirable that mineral surveys embracing invalid claims be
cancelled. The need to lot a cancelled mineral survey will also require
a supplemental plat.
=6–5= Correcting Errors in Patented Mineral Surveys: As a general rule,
the record of a patented mineral survey should not be changed or
amended. When such errors are discovered, a pencil notation on the index
card and/or on the field notes may be appropriate. Reported errors
generally stand on their own merit and are contained in the field notes
of the reporting survey.
[Illustration:
FIG. 8
]
GLOSSARY OF MINING TERMS
ADIT: a horizontal entry into a mine with one opening to the surface,
commonly and erroneously called a tunnel. (A tunnel is open at both
ends.)
ALLUVIUM: unconsolidated sedimentary deposit, e.g. stream bed of sand
and gravel.
ANTICLINE: a convex fold in sedimentary beds of rock (opposite:
syncline).
APEX: top of a vein or lode.
ASSAY: a test to determine the quantity of mineral in a given sample.
May be by a miniature smelting process in the laboratory, called a
fire assay; or by use of chemicals, called a chemical or wet assay.
BACK: the roof of a horizontal opening such as an adit, drift or
crosscut.
BONANZA: a rich body of ore.
BEDROCK: uppermost layer or segment (portion) of rock in place.
BREAST: the end, heading or working face of an adit, drift or
crosscut.
CHIMNEY: a vertical ore body, tubelike in shape.
CHUTE: (ore) chute for transferring broken rock in a mine; usually
from a stope to a haulage passage.
COBBING: hand sorting of ore.
COLLAR: top of a shaft or winze; the timbers or concrete at the upper
end.
COLOR: a particle of free gold.
CONCENTRATOR: a device for separating and concentrating mineral from
rock by mechanical means.
CONTACT: the meeting of two geologic formations.
CONTACT VEIN: a vein along the contact.
COUNTRY ROCK: rock surrounding a vein or lode, extending throughout
the area.
CRIBBING: a wall of light timbering between heavy supports at either
vertical or horizontal mine working.
CROSSCUT: a horizontal opening such as an adit driven across the vein
or ore body.
CUT: an open working driven into a hillside to expose underlying rock.
DIKE: a vertical or near vertical fissure filled with volcanic rock.
DIP: the vertical angle a vein or sedimentary bed makes with a
horizontal plane.
DRIFT: a horizontal opening (such as an adit) driven along the vein.
FACE: the last working end of an adit, drift, crosscut or cut (same as
breast).
FAULT: A dislocation along a crack in the earth’s surface (may be
horizontal, vertical or a combination of both); a failure along a
line of stress; usually associated with earthquakes, but movement
may be slow.
FISSURE: a crack in the earth’s surface; if filled with vein material
becomes a fissure vein.
FLOAT: a piece of ore detached from a vein or lode, lying loose, not
in place.
FLOOR: the lower surface of a mine working, i.e. the floor of a drift.
FLUME: a device for conveying water.
FOOT WALL: the lower side of an inclined vein in country rock.
GANGUE: the matrix of the ore composed of worthless material.
GLORY HOLE: a large funnel-shaped excavation extending to the surface,
the material being drawn from the bottom through a tunnel.
GRIZZLY: a grating, usually made up of mine rails, over an ore bin for
the purpose of diverting large rocks or boulders.
GRUB STAKE: financing a prospector to share in his findings.
HANGING WALL: the upper wall of an inclined or dipping vein.
HEADING: same as breast or face of a working.
HORSE: a mass of country rock found in an ore deposit.
INCLINE: a sloping shaft, drift, crosscut or tunnel.
LEAD: same as lode, (pronounced “leed”)
LEDGE: same as lode.
LEVEL: one of a series of drifts or crosscuts, one above the other, in
a mine.
LODE: a mineral deposit in place, including veins.
LODE LINE: presumed course of the vein or lode at the surface.
MATRIX: the worthless material in an ore deposit surrounding the
valuable minerals.
METALLURGY: the art of separating minerals from the gangue in ores;
also combining metals to form alloys.
MINE: an excavation for the purpose of extracting mineral.
MINERAL: an inorganic substance contained in the earth.
MUCK: broken rock in a mine.
OPEN CUT: a drift or crosscut that does not enter cover.
OPEN PIT: a large excavation beginning at the surface.
ORE: a mineral deposit that can be mined at a profit; includes the
mineral itself and the gangue.
OUTCROP: that portion of a mineral deposit appearing at the surface.
PLACER: a mineral deposit of unconsolidated particles.
QUARRY: similar to an open pit, usually applied to building stone.
RAISE: a vertical or inclined shaft driven upward from an underground
working.
REEF: Australian word for lode.
ROOF: the ceiling of a working, as the back of a drift.
ROYALTY: a percentage of the earnings or product paid an owner.
SHAFT: a vertical or inclined opening sunk from the surface to gain
access or to explore an orebody.
SHIFT: a period of working time.
SKIP: an ore bucket used to hoist ore and muck in a shaft.
SLUICE: a trough with riffles for separating placer gold.
SMELTING: the reduction of metals from the ore in a furnace.
STOPE: usually a room where the ore is mined.
STRIKE: the horizontal direction of a vein.
STULL: a timber in a mine, usually a post.
SUMP: a low place in a mine for collecting water, such as the bottom
of a shaft.
TAILINGS: the waste rock from a mine or mill.
TUNNEL: technically, a horizontal passageway open at both ends, but in
mining used to designate any horizontal passageway driven for the
development or discovery of an orebody.
VEIN: a fissure or crack in surrounding rock filled with mineral.
WINZE: a vertical or incline opening sunk from an underground mine
working; an underground shaft.
APPENDIX
[Illustration: APPENDIX #1]
Form 3400–6 UNITED STATES | FORM APPROVED
(October 1968) DEPARTMENT OF THE INTERIOR | BUDGET BUREAU NO. 42–R1373.1
BUREAU OF LAND MANAGEMENT |_____________________________
|
| Date
|_____________________________
APPLICATION FOR SURVEY OF MINING CLAIM |
| SEE INSTRUCTIONS ON REVERSE
_____________________________________________|_____________________________
|
1. Name of Applicant | Address (_include zip code_)
(_first, middle initial, last_)|
|
____________________________________|______________________________________
Hereby makes application for an official mineral survey of the mining
claims named and identified in this application
___________________________________________________________________________
2. Give group name (_if any_)
___________________________________________________________________________
3. NAME OF CLAIM(S)
___________________________________________________________________________
|
| DATE
|_________________________________________
| | | |
NAME OF LOCATION | LOCATED | RECORDED | AMENDED | AMENDED
| | | | RECORDING
_________________________________|_________|__________|_________|__________
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
_________________________________|_________|__________|_________|__________
4. LOCATION OF CLAIM(S)
___________________________________________________________________________
| | |
Section | Township | Range | Meridian
| | |
________|__________|_______|_______________________________________________
| |
County | State | National Forest
| |
___________________|_______|_______________________________________________
5a. Is each claim based on a valid location and fully described in the
certified copy of the record of each location certificate filed with this
__ __
application? |__| Yes |__| No
b. Is each location distinctly marked by monuments on the ground and can
__ __
its boundaries be traced readily? |__| Yes |__| No
___________________________________________________________________________
APPENDIX #1
------------------------------------------------------------------------
[Illustration: APPENDIX #2]
Form 3860–6 UNITED STATES | Place
(October 1976) DEPARTMENT OF THE INTERIOR |_________________________
(formerly 3400–7) BUREAU OF LAND MANAGEMENT |
| Date
ORDER FOR MINERAL SURVEY |_________________________
To Mineral Surveyor:
__
|
Sir:
Application has been filed in this Office by
, dated , 19 .
for an official survey of the mining claim consisting of locations named,
located, and recorded as follows:
___________________________________________________________________________
Group name, if any
___________________________________________________________________________
| DATE |
|____________________________________|
NAME OF LOCATION | | | | AMENDED
| LOCATED | RECORDED | AMENDED | RECORDING
______________________|___________|____________|___________|_______________
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
______________________|___________|____________|___________|_______________
Mining District | County | State
| |
______________________|________________________|___________________________
Section | Township | Range
| |
______________________|________________________|___________________________
Meridian | National Forest
|
__________________________________|________________________________________
The claim is fully described in the certified copy of the location
certificate filed by the applicant for the survey, copy of which is
enclosed herewith. You are hereby directed to make the survey of said
claim in strict conformity with existing laws, official regulations, and
instructions thereunder, and make proper return of the survey to this
Office.
This survey will be designated as Mineral Survey Number
Very truly yours,
__________________________________________
(Authorized Signature)
__________________________________________
(Title)
APPENDIX #2
------------------------------------------------------------------------
[Illustration: APPENDIX #3]
No. 345. NOTICE OF LODE LOCATION.--
Bradford Publishing Co., 1824–46 Stout Street, Denver, Colorado
_
STATE OF________________________|
|
| SS.
|
COUNTY OF ______________________|
Know All Men by These Presents, That ______________, the undersigned, ha____
this___________ day of________________, 19___, located and claimed, and by
these presents do _____locate and claim by right of discovery and location,
in compliance with the Mining Acts of Congress, approved May 10, 1872, and
all subsequent Acts, and with local customs, laws and regulations,
____________________ linear feet and horizontal measurement on the
____________________________________________ lode, vein, ledge or deposit,
along the vein thereof, with all its dips, angles and variations as allowed
by law together with ________________ feet on the ________________ side and
________________ feet on the ________________ side of the middle of said
vein at the surface, so far as can be determined from present developments;
and all veins, lodes, ledges, or deposits and surface ground within the
lines of said claim ________________ feet running ________________ from
center of discovery ________________ and ________________ feet running
________________ from center of discovery ________________, said discovery
________________ being situated upon said lode, vein, ledge or deposit, and
within the lines of said claim in _______________________________________
Mining District, County of ________________ and State of ________________
Discovered and located ________________________________, 19___
________________________________ ________________________________
________________________________ ________________________________
________________________________ ________________________________
________________________________ ________________________________
APPENDIX #3
------------------------------------------------------------------------
[Illustration: APPENDIX #4]
Form. 3400–11 UNITED STATES | Mineral Survey number
(September 1967) DEPARTMENT OF THE INTERIOR |
(formerly 4–683) BUREAU OF LAND MANAGEMENT |_________________________
| State
|
FIELD NOTES |_________________________
| Land District
|
_________________________________________________|_________________________
Of the Survey of the Mining Claim of (_name and address of Claimant_)
___________________________________________________________________________
Known as the (_name of group, if any_)
___________________________________________________________________________
CONSISTING OF LOCATIONS NAMED AND LOCATED AS FOLLOWS
___________________________________________________________________________
NAME OF LOCATION | DATE
|__________________________
| LOCATED | AMENDED
________________________________________________|_____________|____________
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
________________________________________________|_____________|____________
Mining district | County
|
_____________________________________|_____________________________________
Section | Township |Range |Meridian | Survey under order dated
| | | |
____________|____________|___________|__________|__________________________
Survey commenced |Survey completed | Name of Mineral Surveyor
| |
__________________|__________________|_____________________________________
APPENDIX #4
------------------------------------------------------------------------
[Illustration: APPENDIX #5]
Form 3860–7 UNITED STATES
(November 1976) DEPARTMENT OF THE INTERIOR
(formerly 3400–8) BUREAU OF LAND MANAGEMENT
CERTIFICATE OF SURVEYOR
___________________________________________________________________________
Name of Mineral Surveyor | Date
|
____________________________________________________|______________________
I HEREBY CERTIFY That in pursuance of an order received from the
, at
dated ,19 , I have carefully executed the survey of
the claim of
known as the (_lode, placer, or mill site_)
situated in , Township ,
Range , Meridian, in the State of .
This survey, designated as number , has been executed by me and under
my direction and has been made in strict conformity with said order, the
Manual of Instructions for the Survey of Public Lands of the United States,
and in specific manner described in the foregoing field notes.
I FURTHER CERTIFY That the labor expended and improvements made
upon and for the benefit of the
(_lode or placer_) location(s)
embraced in the said mining claim by claimant(s) or
grantors are fully stated in my report. The character, extent, location,
and itemized value are specified in full detail. No portion of, or interest
in, said labor and improvements so credited to this claim has been included
in the estimate of expenditures upon any other claim.
____________________________________ _____________________________________
(Location) (Signature of Mineral Surveyor)
___________________________________________________________________________
CERTIFICATE OF APPROVAL
| Office
|
|_________________________
| Location
|
|_________________________
| Date
|
|_________________________
The foregoing field notes of mineral survey number , in
__ __
, |__| surveyed|__| unsurveyed
Township , Range ,
Meridian, in the State of ,
executed by , Mineral Surveyor,
under order dated , 19 , having been critically examined
and the necessary corrections made prior to their certification by the
surveyor, the field notes and the survey therein described are hereby
approved.
____________________________________ _____________________________________
(Authorized Signature) (Title)
CERTIFICATE OF TRANSCRIPT
I HEREBY CERTIFY That the foregoing transcript of field notes of
the above-described mineral survey number is a true copy of the
original field notes.
____________________________________ _____________________________________
(Authorized Signature) (Title)
___________________________________________________________________________
Title 18, U.S.C. section 1001, makes it a crime for any person knowingly
and willfully to make to any department or agency of the United States any
false, fictitious, or fraudulent statements or representations as to any
matter within its jurisdiction.
___________________________________________________________________________
APPENDIX #5
------------------------------------------------------------------------
[Illustration: APPENDIX #6]
Form 3860–8 UNITED STATES | Serial Number
(February 1977) DEPARTMENT OF THE INTERIOR |
BUREAU OF LAND MANAGEMENT |
|_______________________
CERTIFICATE OF EXPENDITURES, IMPROVEMENTS, | Date
AND MINERAL SURVEY |
___________________________________________________|_______________________
Name of Claimant | Mineral Survey Number
|
|
___________________________________________________|_______________________
|
I HEREBY CERTIFY That the | I FURTHER CERTIFY That the
|
record of the above-described | record reveals not less than $500
|
mineral survey furnishes such an | worth of labor has been expended for
|
accurate description of all claims | improvements upon or for the benefit
|
embraced within the survey that it | of each of the lode claims embraced
|
will, if incorporated into a patent, | within the survey and that the
|
serve fully to identify the premises | improvements were made by the
|
and that references are made in the | claimant or his grantors.
|
survey to natural objects or |
|
permanent monuments so that the |
|
location of the claims will be |
|
perpetuated and fixed. |
|
_____________________________________|_____________________________________
Date | Authorized Signature
|
|
|
________________|__________________________________________________________
(_See reverse_)
APPENDIX #6
------------------------------------------------------------------------
[Illustration: APPENDIX #7]
Form 3400–5 UNITED STATES | Place
(December 1966) DEPARTMENT OF THE INTERIOR |_____________________________
(formerly 4–286a) BUREAU OF LAND MANAGEMENT |
| Date
|_____________________________
|
| INSTRUCTIONS
|
| The Director, Bureau of Land
| Management, and the manager
APPROVAL OF MINERAL SURVEY | of the appropriate land (or
| land and survey) office must
| be notified of the approval
| of each mineral survey,
| using this form.
_____________________________________________|_____________________________
_____________________________________
_____________________________________
SIR:
The following described mineral survey was approved on , 19 :
___________________________________________________________________________
SURVEY NUMBER | NAME OF CLAIM | ACRES
______________|_________________________________________________|__________
| |
______________|_________________________________________________|__________
| |
______________|_________________________________________________|__________
| |
______________|_________________________________________________|__________
| |
______________|_________________________________________________|__________
| |
______________|_________________________________________________|__________
| |
______________|_________________________________________________|__________
| |
______________|_________________________________________________|__________
| |
______________|_________________________________________________|__________
| |
______________|_________________________________________________|__________
This survey is actually in conflict with the following approved mineral
survey(s) listed by name and number, as marked, defined, and established on
the ground
___________________________________________________________________________
Applicant for survey (_name and address_)
___________________________________________________________________________
Survey made by , Mineral Surveyor.
___________________________________________________________________________
The following legal subdivisions are covered in whole or in part by this
survey, if situated on surveyed lands
___________________________________________________________________________
The survey is shown on the diagram below, sketched as actually marked,
defined, and established on the ground with respect to the lines of the
public land surveys; data relating to courses and distances have been
omitted.
___________________________________________________________________________
NOTE -- This sketch will be made in each case where upon surveyed land,
whether or not there are any conflicting approved mineral surveys.
Conflicting mineral surveys, however, will not be shown upon the sketch.
___________________________________________________________________________
Section , Township , Range Section , Township , Range
_____________________________________ ____________________________________
(Title)
___________________________________________________________________________
APPENDIX #7
------------------------------------------------------------------------
[Illustration: APPENDIX #8]
No. 162. LOCATION CERTIFICATE--Lode Claim.--
Bradford Publishing Co., 1824–46 Stout Street, Denver, Colorado
KNOW ALL MEN BY THESE PRESENTS, That
____________________________________________
___________________________________________________________________________
ha____ located the ______________________________________ lode mining claim,
and by this certificate, and by right of discovery and location, claim_____
___________________________________ feet, linear and horizontal measurement
along the vein thereof, with all its dips, angles and variations as allowed
by law ____________________________ feet on said vein running _____________
_____________ from the center of the discovery ____________________________
and feet running ___________________________________ from the center of the
discovery ____________________________ , together with ____________________
______________ feet on each side of the middle of said vein at the surface,
and all veins, lodes, ledges, deposits and surface ground within the lines
of said claim, situate in _________________________________ Mining District,
County of _________________________, and State of _________________________
and described by metes and bounds as follows, to wit:
Beginning at Corner No. 1 _________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Said lode was discovered on the _______ day of _______________, 19____
and located on the ______________ day of __________________________, 19____
Dated this _______________ day of ____________________________, 19____
________________________________[SEAL]
________________________________[SEAL]
________________________________[SEAL]
________________________________[SEAL]
________________________________[SEAL]
________________________________[SEAL]
___________________________________________________________________________
APPENDIX #8
------------------------------------------------------------------------
[Illustration: APPENDIX #9]
No. 114. ADDITIONAL AND AMENDED LOCATION CERTIFICATE.
--Bradford-Robinson Ptg. Co., Mfrs. Robinson’s Legal Blanks, 1824–46 Stout
St., Denver, Colorado
STATE OF COLORADO, }
}
} SS. KNOW ALL MEN BY THESE PRESENTS,
County of _______________}
That ______________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
the undersigned, ha___ this _____________ day of ___________________, 19___
amended, located and claimed and by these presents do _____ amend, locate
and claim, by right of the original discovery and this Additional and
Amended Location Certificate, in compliance with the Mining Acts of
Congress, approved May 10, 1872, and all subsequent acts, and with Sections
169 and 182, Chapter 110, 1935 Colorado Statutes Annotated, and with local
customs, laws and regulations _____________________________________________
____________________________________ linear feet and horizontal measurement
on the ________________________________________________________ lode, vein,
ledge or deposit, along the vein thereof, with all its dips, angles and
variations, as allowed by law, together with ______________________________
feet on the __________________________ side, and __________________________
feet on the __________________________ side of the middle of said vein at
the surface, so far as can be determined from present developments, and all
veins, lodes, ledges or deposits and surface ground within the lines of
said claim __________________________ feet running ________________________
from center of discovery ________________ and ________________ feet running
__________________________ from center of discovery _______________________
said discovery _____________________________ being situated upon said lode,
vein, ledge or deposit, and within, the lines of said claim, in ___________
____________Mining District, County of _______________________ and State of
Colorado, described by metes and bounds as follows, to-wit:
Beginning in Corner No. 1
This being the same lode originally located on the _________________ day of
______________________ 19____, and recorded on the _________________ day of
______________________ 19____, in Book ________ Page ________ in the office
of the Recorder of ____________________ County. This further Additional and
Amended Certificate of Location is made without waiver of any previously
acquired rights, but for the purpose of correcting any errors in the
original location, description or record, and of taking in and acquiring
all forfeited or abandoned overlapping ground, and of taking in any part of
any overlapping claim which has been abandoned, and of securing all the
benefits of said Sections 169 and 182, Chapter 110, 1935 Colorado Statutes
Annotated.
Said lode was discovered the ________ | ___________________INTEREST. [SEAL]
|
day of _________________ A. D. 19____ | ___________________INTEREST. [SEAL]
|
ATTEST: | ___________________INTEREST. [SEAL]
|
_____________________________________ | ___________________INTEREST. [SEAL]
|
Date of Additional and Amended Cer- | ___________________INTEREST. [SEAL]
|
tificate _______________ A. D. 19____ | ___________________INTEREST. [SEAL]
APPENDIX #9
------------------------------------------------------------------------
[Illustration: APPENDIX #10]
_________________________
| |
| FOR RECORDER’S USE ONLY |
| |
Recorded at the request of: NOTICE | |
| |
________________________________ | |
| |
When recorded please mail to: | |
OF | |
Name ___________________________ | |
| |
| |
Street _________________________ | |
LOCATION | |
| |
City ___________________________ | |
| |
| |
State __________________________ LODE | |
| |
|_________________________|
TO WHOM IT MAY CONCERN: Please take notice that:
1. The name of this claim is the _____________________ Lode Mining Claim.
Said claim is situated in the vicinity of _______________________ or in the
________________________________________________ Mining District, County of
San Bernardino, State of California.
The date of this location is the __________ day of _________________, 19___
2. The undersigned locators are citizens of the United States, or have
declared their intention to become such.
3. The said locator___ do____ hereby locate and claim ___________________
(Not to exceed 1500)
linear feet of this vein or lode, together with surface ground extending
___________________ feet in width on each side of the middle of said vein
(Not to exceed 300)
or lode and more particularly described as follows:
Commencing at the monument where this notice is posted, which monument is
at the point of discovery on said vein or lode and on the center line of
this location _________ hereby claim ______________ feet extending in a
(I or We)
______________ direction along the course of said vein from the discovery
monument and _______________ feet in a _______________ direction from the
discovery monument, along the course of said vein.
The general course of said vein is in a _________erly and ___________erly
direction.
The discovery monument is situated about ________________________________
___________________________________________________________________________
(Distance from natural object or permanent monument and give direction)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
4. All dips, variations, spurs, angles and all veins, ledges, or deposits
within the lines of this claim, together with all water and timber and any
other rights appurtenant, allowed by the laws of this State or of the
United States are hereby claimed.
LOCATORS
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
STATEMENT OF THE MARKING OF THE BOUNDARIES
AND OF PERFORMANCE OF DISCOVERY WORK
NOTICE IS HEREBY GIVEN by the undersigned locator--that in accordance with
the provisions of the Mining Law:--
1. There has been erected at the discovery point, at each corner and at the
center of each end line of said claim
___________________________________________________________________________
___________________________________________________________________________
2. The Locator has performed the following discovery work: ________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
DATED _____________________, 19___
LOCATORS
______________________________________
______________________________________
______________________________________
PA 1561–-4M–3–62 ______________________________________
APPENDIX #10
------------------------------------------------------------------------
[Illustration: APPENDIX #11]
No. 296. LOCATION CERTIFICATE.--Tunnel.--Bradford Publishing Co., 1824–46
Stout Street, Denver, Colorado--3–72
___________________________________________________________________________
STATE OF ________________________}
}
} SS.
}
County of _______________________}
TO ALL WHOM THESE PRESENTS MAY CONCERN: Know ye, that _____________________
___________________________________________________________________________
______________________________________ citizen_____of the United States, of
_____________________________, County of ___________________________, State
of ____________________, do hereby declare and publish as a legal notice to
all the world, that _____ have a valid right to the occupancy, possession
and enjoyment of the ______________________________________________________
_________________________________, located _________________________, 19___
for the discovery of mines and the development of lodes, and situate in
_________________________________ Mining District, ________________________
County, State of _________________________, described as follows, to-wit:
Mouth of tunnel situate _________________________________________________
_____________________________________________; from the mouth of the tunnel
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Size of tunnel ________________ feet wide by ______________ feet high in
the clear.
Course of tunnel from its mouth, __________________________ 3,000 feet to
the ________________ end of said tunnel, at which end is set a substantial
______________________________ being the end _____________________________,
and between the tunnel mouth and the end _______________________ the center
line of the tunnel is marked at _________ feet, __________ feet, _________
feet, _________ feet, _________ feet, _________ feet, _________ feet from
the mouth by marked stakes or blazed and marked trees. From the end
___________________________________________________________________________
bears _____________________________________________________________________
bears _____________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
from said end ______________, set a stake _________________________________
___________________________________________________________________________
from said end ______________, set a stake _________________________________
___________________________________________________________________________
from mouth of tunnel set a stake __________________________________________
___________________________________________________________________________
from mouth of tunnel set a stake __________________________________________
___________________________________________________________________________
which last four mentioned stakes _____________________ the exterior corners
of the claim of said tunnel site.
And ___________________ claim for line of tunnel 1,500 feet on each side
of the center of the bore or course of the tunnel, and the right to all
lodes which may be discovered in the due prosecution of said tunnel within
1,500 feet on each side of the center of said line.
_______________________ also claim a square tract of land 125 feet on
each side of the mouth of tunnel and extending 250 feet immediately below
the mouth of the tunnel, as staked upon the ground, for dumping purposes.
Together with all and singular the hereditaments and appurtenances
thereunto belonging or in anywise appertaining, and all rights granted to
the locator ___________________ as tunnel rights under the terms of Section
2323 of the Revised Statutes of the United States.
WITNESS __________ hand___ and seal___ this _________________________ day
of ______________________, 19___
_____________________________________[SEAL]
_____________________________________[SEAL]
_____________________________________[SEAL]
_____________________________________[SEAL]
___________________________________________________________________________
APPENDIX #11
------------------------------------------------------------------------
[Illustration: APPENDIX #12]
STATE OF ________________________}
} SS.
County of _______________________}
Before me, the subscriber, a notary public in and for said County,
personally appeared _______________________________________________________
___________________________________________________________________________
___________________________________________________________________________
to me personally known to be the same person_____described in and who
executed the within declaration of occupation, and acknowledged that ______
h_____ signed, sealed and published the same as ______h_____ free and
voluntary act and deed for the uses and purposes therein set forth.
WITNESS my hand and seal, this _____________ day of _____________________,
19____
My commission expires _____________________________________________, 19____
_____________________________________________________
Notary Public.
___________________________________________________________________________
STATE OF ________________________}
} SS.
County of _______________________}
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
of the Count ______ of ___________________________________________ State of
______________________, being first duly sworn according to law, depose and
say_______: That_____h_____ citizen___ of the United States over the age of
twenty-one years; that _____ h_____ owner_____ by pre-emption, location and
occupation of the foregoing tunnel site, the said tunnel being prosecuted
for the development of lodes belonging to said affiant_______, also for the
discovery of other lodes; affiant___ further say ______ that ____ h_______
ha___ expended in actual work and improvements on said tunnel not less than
__________________________________________________________________ Dollars,
and that said tunnel has already been run the distance of _________________
___________ feet, and that it is bona fide ___ h______ intention to
prosecute work on said tunnel, so located and described, with reasonable
diligence for the purposes therein set forth.
____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
SUBSCRIBED and sworn to before me this ________________________________ day
of ____________________________, 19____
My commission expires ______________________________________________, 19___
____________________________________________
Notary Public.
_______________________________________
LOCATION CERTIFICATE
OF TUNNEL AND TUNNEL SITE
_______________________________________
Tunnel and Tunnel Site of _____________
_______________________________________
in _____________________________ Mining
District, _____________________ County,
State of ______________________________
_______________________________________
STATE OF ________________________}
} SS.
County of _______________________}
I hereby certify that this Location
Certificate was filed for record in my
office at _____________ o’clock ____M.,
_________________________________ 19___
and is duly recorded in book __________
at page _______________________________
_______________________________________
Recorder.
By ____________________________________
Deputy.
_______________________________________
Fees, $________________________________
_______________________________________
---------------------------------------
BRADFORD PUBLISHING COMPANY CO., DENVER
APPENDIX #12
------------------------------------------------------------------------
[Illustration: APPENDIX #13]
Recorded at________o’clock______M.,_________________
Reception No._____________________________ Recorder.
--------------------------------------------------------------
KNOW ALL MEN BY THESE PRESENTS: That,______________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
the undersigned citizens of the United States, residents of
the County of_______________, State of________________________,
having complied with the provisions of Chapter 6, Title XXXII,
of the Revised Statutes of the United States, and with the
local customs, laws and regulations, claim by right of
discovery and location, The ___________________________________
placer claim, situate, lying and being in______________________
Mining District, County of_______________________, and State of
____________________, described by metes and bounds as follows,
to wit:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
______________________________ area ____________________ acres,
said claim was located on the_______ day of__________, 19_____.
Date of certificate________________________, 19_____.
Attest:
___________________________________
___________________________________
___________________________________
___________________________________
___________________________________
___________________________________
___________________________________
___________________________________
No. 161. PLACER LOCATION CERTIFICATE.--Bradford Publishing Co.,
1824–46 Stout Street, Denver, Colorado (573–5011)-–5–77
APPENDIX #13
------------------------------------------------------------------------
[Illustration: APPENDIX #14]
No. 270. LOCATION CERTIFICATE--Mill Site.--Bradford Publishing Co.,
1824–46 Stout Street, Denver, Colorado (573–5011)-–6–77
-------------------------------------------------------------------
LOCATION CERTIFICATE OF MILL SITE
STATE OF_________________ }
} SS.
County of_________________ }
TO ALL WHOM THESE PRESENTS MAY CONCERN:
Know ye that ____________________________________________________
___________________________________________________________________
of ________________________________________________________________
___________________________________________________________________
do______hereby declare and publish as a legal notice to all the
world that_______have a valid right to the occupation, possession
and enjoyment of all and singular that tract or parcel of land not
exceeding five acres, situate, lying and being
in_____________________________________________Mining District, in
the County of_________________, in the State of__________________,
bounded and described as follows, to wit:
The______________________Mill Site,beginning at Cor. No. 1_______
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
together with all and singular the hereditaments and
appurtenances thereunto belonging or in anywise appertaining.
Witness______hand_____and seal______, this__________day
of________, 19____.
_______________________________[SEAL]
_______________________________[SEAL]
_______________________________[SEAL]
_______________________________[SEAL]
_______________________________[SEAL]
_______________________________[SEAL]
_______________________________[SEAL]
_______________________________[SEAL]
------------------------------------------------------------------
APPENDIX #14
INDEX
First number indicates chapter. Second number indicates section of that
chapter.
Accuracy (survey): 5–2, 5–5, 5–13
Acquired Lands: 1–25
Act of 1866 (lodes): 1–5
Act of 1870 (placers): 1–6
Act of 1872 (general mining laws): 1–7
Act of 1884 (Alaska): 1–9
Act of 1892 (building stone): 1–10
Act of 1904 (monuments to control): 1–13
Act of 1920 (mineral leasing): 1–14
Act of 1947 (materials): 1–15
Act of 1954 (multiple use): 1–16
Act of 1955 (common varieties): 1–17
Act of 1955 (power sites): 1–18
Act of 1960 (mill sites): 1–19
Act of 1962 (petrified wood): 1–20
Act of 1970 (geothermal steam): 1–21
Act of 1976 (recordation): 1–22
Additional and Amended Location Certificate: 2–13, 4–6
Additional Notes and Certificate on Plat: 5–18
Alaska: 1–9, 1–23, 1–24
Alaska Native Claims: 1–23
Alaska Public Sale Act: 1–24
Amended Location: 2–13, 5–1, 5–3, 5–20
Amended (Supplemental) Order for Survey: 4–6, 4–7, 5–3, 5–21
Amended Survey: 5–19
Annual Assessment Work: 2–4, 2–12
Apex Law: 1–49
Application for Patent: 2–6
Application for Survey: 4–4
Approval of Survey: 5–15
Areas: 5–8, 5–10, 5–12, 5–13
Areas subject to special mining laws: 1–24
Assays: 2–1
Attorney-at-Law: 1–43, 4–3
Azimuth: 5–10
Bearing rocks: 5–4
Bearing trees: 5–4, 5–10
Bedded deposits: 1–48, 2–1, 5–3, 5–5
Blanket veins: 5–3, 5–5
Building stone: 1–10
Burden of proof: 2–1, 2–12
Calculations: 5–8, 5–13
Cancelled Survey: 4–6, 5–16
Cancelled Survey Order: 4–6, 4–8, 5–17
Cemeteries: 5–3
Change of claim boundaries: 2–13
Claim records: 4–5, 5–1
Claim staking: 2–3
Closures: 5–13
Coal Surveys: 5–3
Common Improvement: 1–47, 5–5
Common Varieties: 1–17
Conflicts: 5–3, 5–8, 5–12, 5–13
Coordinates
Geographic: 5–10, 5–12
Plane: 5–1
Corner accessories: 5–4
Corner markings: 2–3, 5–10
Corner numbers: 2–3
Corners on patented land: 2–3
Corner ties: 2–3, 5–3, 5–8, 5–12
Death Valley National Monument, California: 1–24
Descriptive Report (placer claims): 5–6
Discovery: 1–47, 2–1, 2–4, 5–3
Discovery lost: 2–1
Discovery paint: 2–2, 5–3, 5–12
Discovery shaft: 2–3
Discovery work: 2–2, 2–5, 5–1, 5–5
Drill logs: 2–1
Electronic distance measurement: 5–2
End center monuments: 2–3
End lines: 1–49, 2–3, 5–12
Errors: 5–12, 6–5
Exchanges: 1–23
Extralateral Rights: 1–49
Field Notes: 5–10, 5–11, 5–12, 5–18
Fissionable source material: 1–23
Float: 2–1
Goethermal steam: 1–25
Glacier Bay National Monument, Alaska: 1–24
Homestead Entry Surveys: 5–3
Improvements: 5–5, 5–7, 5–10, 5–12, 5–15, 5–21
Indemnity Grants: 1–23
Instruments: 5–2, 5–10
Intersections: 5–8, 5–10, 5–12, 5–13
Junior claim: 1–49
Kings Range National Conservation Area, California: 1–24
Known lodes in placers: 2–4
Leasing Act: 1–14
Length: 2–3, 2–6, 4–6, 5–3, 5–12
Location: 2–3, 2–6, 2–8, 2–9, 5–3, 5–10, 5–12
Location certificate: 2–3, 2–6, 4–6, 5–10
Location monument: 5–3
Location notice: 2–3, 2–6, 2–7
Location survey: 2–3
Lode v. Placer: 2–1
Lode claims: 1–5, 1–7, 2–1, 2–2, 2–3
Lode line: 5–12
Magnetic Declination: 5–12
Marketability: 2–1, 2–4
Materials Act: 1–15
Measurements: 5–2, 5–10
Metes and bounds: 2–3, 4–6
Mill Sites: 1–7, 1–19, 2–7, 2–8, 5–7
Mineral, definition: 2–1
Mineral Examiner: 2–1
Mineral Monuments: 5–3
Mineral Survey: 2–6
Mineral Surveyor
Appointment: 3–1, 3–2, 3–3, 3–4, 3–5, 3–6
Contracts: 3–14, 3–15, 3–16, 3–17, 4–4.7
Duties: 3–10, 3–11, 3–12, 3–13
Examination: 3–9
Qualifications: 3–7, 3–8
Restrictions: 3–18, 3–19, 3–20
Selection of: 4–2
Mining Districts: 1–1, 1–2, 1–3
Mt. McKinley National Park, Alaska: 1–24
Multiple Use: 1–16
National Forests: 1–23, 4–6
National Parks and Monuments: 1–24, 4–6
Native graves: 5–3
Navigable water: 1–50
New legislation, update: 1–25
New survey required: 5–20
Number of claims: 2–3, 2–6, 2–8, 4–4.7
O & C Lands: 1–24
Oil shale placer claims: 1–24
Olympic National Park, Washington: 1–24
Order for Survey: 4–6, 5–17
Organ Pipe Cactus National Monument, Arizona: 1–24
Papago Indian Reservation, Arizona: 1–24
Patent
Exclusion of abandoned claim: 5–23
In two parts: 5–24
Long after survey: 5–22
Patent expenditure: 1–47, 5–5, 5–15, 5–21
Patent survey
Departures from normal procedure: 5–16 to 5–24 incl.
Field work: 5–1 to 5–7 incl.
Office work: 5–8 to 5–11 incl.
Processing: 5–12 to 5–15 incl.
Required: 4–1, 5–6, 5–7
Petrified Wood: 1–20
Placer claims: 1–6, 1–7, 2–4, 2–5, 2–6, 5–6
Placer v. Lode: 2–1
Plats: 5–9, 5–11, 5–14, 5–16, 5–18, 5–19, 6–4
Power Sites: 1–18
Prescott, Arizona Watershed: 1–24
Railroad Grants: 1–23
Recording: 1–7, 1–22, 2–11, 2–12
Reference Monument: 5–4
Relocation: 2–13, 5–20
Reservations: 1–23
Restoration of lost or obliterated corners: 5–3, 6–1
Resurveys: 6–2
Rights-of-way: 5–3
Riparian Rights: 1–50
Rule of approximation: 2–6
School Grants: 1–23
Senior claim: 1–49
Segregation Surveys: 6–3
Severance: 1–23
Side center monuments: 2–3
Size of claims: 2–3, 2–6, 2–7, 4–6
Spanish Land Grants: 1–23
Special Surveys: 5–3
State mining laws, general: 1–27
Alaska: 1–28
Arizona: 1–29
Arkansas: 1–30
California: 1–31
Colorado: 1–32
Florida: 1–33
Idaho: 1–34
Louisiana: 1–35
Mississippi: 1–36
Montana: 1–37
Nebraska: 1–38
Nevada: 1–39
New Mexico: 1–40
North Dakota: 1–41
Oregon: 1–42
South Dakota: 1–43
Utah: 1–44
Washington: 1–45
Wyoming: 1–46
Stockraising Homesteads: 1–23, 5–3
Supplemental Plat: 5–16, 6–4
Survey methods: 2–3, 5–2
Survey records: 4–5, 5–1
Surveyor and The Law: 1–47, 1–48
Thorium: 1–23
Townsites: 1–23, 5–3
Trace of mineral: 2–1, 2–4
Transit and Tape: 5–2
Tunnel Sites: 2–9, 2–10
U.S. Marshall: 5–1
U.S. Surveys: 5–3
Unapproved survey: 5–17
Underground discovery: 2–1, 2–2
Uranium: 1–23
Use, mill site: 2–8
Valuable mineral deposit: 2–1
Width: 2–3, 2–6, 4–6, 5–3, 5–12
Wilderness Areas: 1–24
Witness Corner: 5–4
Withdrawals: 1–23, 4–5
GPO 857–030
------------------------------------------------------------------------
TRANSCRIBER’S NOTES
1. Silently corrected typographical errors and variations in spelling.
2. Archaic, non-standard, and uncertain spellings retained as printed.
3. Enclosed italics font in _underscores_.
4. Enclosed bold font in =equals=.
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