CHAPTER I

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

]

Mineral Survey Procedures Guide, 1980 · 第 1 / 6 章