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
]