Mineral Surveyors
Appointments
=3–1= 43 C.F.R. 3861.5–1 states:
“Pursuant to section 2334 of the Revised Statutes (30 U.S.C.
39), the Director or his delegate will appoint only a
sufficient number of surveyors for the survey of mining
claims to meet the demand for that class of work. Each
applicant shall qualify as prescribed by the Director or his
delegate. Applications for appointment may be made at any
office of the Bureau of Land Management listed in 3821.2–1
of these regulations. A roster of appointed mineral
surveyors will be available at these offices. Each appointee
may execute mineral surveys in any state where mineral
surveys are authorized.”
The Director referred to is the Director, Bureau of Land Management.
=3–2= Mineral Surveyors were originally appointed by the Surveyors
General (General Land Office) of the various states where mineral
surveys are authorized, and were appointed for that State only. As a
general rule these men were practicing consulting mining engineers in an
area covering one or more mining districts and seldom went out of their
area to execute surveys. As a result, over a period of time, they
developed a valuable set of survey records pertaining to claim corners,
section corners and mine workings. Claimants found it advantageous to
employ a mineral surveyor in his district because of his proximity to
the work and his previously acquired knowledge.
With the decline in mining activity due to mineral deposits being
exhausted or reaching uneconomical depths, and with the improvement in
modes of transportation, mineral surveyors found themselves covering
larger areas, and many sought appointments in more than one State. With
the formation of the Bureau of Land Management and the establishment of
areas or regions, the mineral surveyors’ appointments were extended to
the area or region embracing their State and all adjoining states to the
area or region, and finally to all states subject to the Federal mining
laws.
=3–3= Today, mineral surveyors are appointed by the Chief, Division of
Cadastral Survey of the Bureau of Land Management at Washington, who
acts for the Director. Application may be made to any State Office or
directly to the Washington Office. The application should contain a
brief resume of the applicant’s experience in land surveying, mining and
geology and list the states in which he is registered as a land
surveyor, or as a professional engineer if that state permits certain
classes of professional engineers to do land surveying. The applicant is
cautioned, however, that appointments are made only if a need is
demonstrated by one of the State Directors, and he requests that an
examination be held at his office to supplement the roll of mineral
surveyors. Appointments are presently for a four-year period.
=3–4= Mineral surveyors were originally bonded and such bonds were
usually for a four-year period. The renewal of these bonds served to
keep the roster of mineral surveyors active. Bonds are no longer
required, but the mineral surveyor must request renewal of his
appointment 60 days before its expiration. Renewal is based on his
activity as a mineral surveyor, the quality of his work and the
timeliness of filing returns of his surveys. If the record shows that he
has not been actively engaged in executing mineral surveys, he may be
dropped from the rolls. If he allows his appointment to lapse, he will
not be reinstated or reappointed unless he demonstrates his capability
to make mineral surveys, and there is a need for additional mineral
surveyors.
=3–5= A mineral surveyor’s appointment may be revoked at any time for
just cause, among which are: incompetence, gross misconduct, conflict of
interest, failure to personally execute a survey, failure to prosecute
work diligently, and failure to file timely returns.
=3–6= Before the revocation as stated in 3–5 can occur, any outstanding
surveys or survey orders must be disposed of by completion, cancellation
or by issuing a new order to another mineral surveyor, as mutually
agreed on by all parties.
Qualification
=3–7= Although the mineral surveyor, as an employee or officer of the
Federal Government, is not subject to State laws regulating the practice
of land surveying, he will find it advisable to be registered, at least
in his home State, if not in other states where he engages in mineral
land surveying. Actually, he is only exempt from registration when he is
working under a mineral survey order and as such he is limited to work
covered by the order. However, the States of California and Nevada
specifically permit a United States Mineral Surveyor to make a location
survey and to make such survey a part of the record. (Public Resources
Code of California, Sec. 2311, and 517.210 R.S. Nevada.) A mineral
surveyor would probably not be questioned in other states if he is
making an amended location survey or field examination prior to the
application for survey. Often, additional work will be required by the
claimant and the mineral surveyor will have to refer this work to others
or associate with a registered surveyor. Furthermore, if an applicant
for appointment is not registered in his home State, the Chief of the
Division of Cadastral Survey may require a more extensive examination so
as to embrace material normally covered in State examinations.
=3–8= Although basically a land surveyor, the mineral surveyor should
have a working knowledge of geology, ore deposits and principles of
mining in order to properly execute his work. He should also be familiar
with the methods of making underground surveys. He may acquire such
knowledge informally by reading texts on the subjects and through
membership in local mining associations and organizations.
=3–9= Applicants for appointment as Mineral Surveyor must pass a 16–hour
examination with a grade of 70 consisting essentially of four parts:
1. A solar observation for azimuth consisting of six consecutive
readings, with an engineer’s transit or double center theodolite, three
each with the telescope in direct and reversed positions observing
opposite limbs of the sun; together with the necessary calculations to
determine the true meridian. The applicant will furnish the instrument
used.
2. Correctly answer questions on the legal and technical aspects of
mineral surveys. Such questions may be of the true/false or multiple
choice type.
3. Solve a practical problem relating to mining claims, including
conflicts, where a set of conditions are given.
4. Prepare a set of field notes and prepare a preliminary plat from
given field data.
References and calculators including minicomputers may be used in the
examination. It is an open book examination.
The examination will be held in the office of the State Director who
made the request, but it is not limited to residents of that State and
anyone whose application has been accepted may take the examination at
his own expense. Upon successful completion of the examination, the
applicant will furnish the names of three references who are familiar
with his character, integrity and capability as a surveyor. The
examination is prepared by the Washington Office and mailed in a sealed
envelope bearing the applicant’s name to the State office. The completed
examination is returned to the Washington Office in a sealed envelope
for each applicant for grading.
Duties of the Mineral Surveyor
=3–10= The duties of the mineral surveyor begin with an order for survey
and cease with the approval of that survey. This precludes using data
acquired by former surveys and by reason of having made the location or
amended location survey, unless such data is verified by field work and
examination after the survey order is issued.
The surveyor should not act as agent for the claimant in the signing of
location or amended location certificates, although he may post such
notices for the claimant. _The mineral surveyor is prohibited from
taking any part in the patent application;_ however, he may assist the
attorney or agent or the claimant himself in interpreting his field
notes, including the area statement. A mineral surveyor exceeds his
duties if he prepares the notices of application for patent (24 L.D.
193).
=3–11= The survey must be made in person by the mineral surveyor. This
does not mean that every physical act of survey must be performed by
him, but it must be performed under his direct supervision in the field.
The mineral surveyor is prohibited from delegating such supervision to
employees. In other words, the mineral surveyor cannot send a field
party out to do the work under his authority without being on the ground
himself. There is no objection to having more than one survey crew
perform the field work as long as the mineral surveyor can give each
crew adequate supervision. The same rule applies to office work in
connection with the survey.
There is nothing that prohibits a mineral surveyor from being a part of
an engineering and/or surveying firm, but he should be a principal of
that firm. If he works as an employee of such a firm, he is compromising
his appointment, for as a mineral surveyor he is an employee of the
Bureau of Land Management.
He cannot be an employee of the claimant, nor can he employ the
claimant, his attorney or parties in interest as assistants in making
surveys of mineral claims (43 C.F.R. 3861.3–2).
=3–12= The survey must be an actual survey on the ground. This precludes
the calculation of ties and other lines through prior surveys. (See 6
L.D. 718 which disallowed a section corner tie calculated from another
survey and required an amended survey to run the section tie on the
ground.)
=3–13= The mineral surveyor should bear in mind that his field work is
subject to spot checks by cadastral surveyors of the Bureau of Land
Management for sufficiency and accuracy; also, if his returns of a
survey indicate irregularities, a complete examination by the Bureau of
Land Management may be made. Such field checks will normally be made
when a field party is in the area during the normal course of a field
season. Irregularities that cannot be resolved with the mineral surveyor
may call for a special field examination.
Contract for Surveys
=3–14= 43 C.F.R. 3861.4–1 Payment: (a) The claimant is required in all
cases to make satisfactory arrangements with the surveyor for the
payment for his services and those of his assistants in making the
survey, as the United States will not be held responsible for the same.
(b) The State Director has no jurisdiction to settle differences
relative to the payment of charges for field work between mineral
surveyors and claimants. These are matters of private contract and must
be enforced in the ordinary manner, i.e., in the local courts. The
Department has, however, authority to investigate charges affecting the
official actions of mineral surveyors, and will, on sufficient cause
shown, suspend or revoke their appointment. (See 3–1 above.)
=3–15= 30 U.S.C. 39 states in part: “The Director of the Bureau of Land
Management shall also have the power to establish the maximum charges
for surveys ...; and to the end that the Director may be fully informed
on the subject, each applicant (for patent) shall file with the Manager
(of the land office) a sworn statement of all charges and fees paid by
such applicant for ... surveys....”
=3–16= Many factors enter into the ultimate cost of a mineral survey,
such as the terrain, distance from centers of population, condition of
the public land survey, number of conflicts with prior surveys and
patents, the age of conflicting surveys, variable weather conditions,
and inflation.
Cost should be a secondary consideration in selecting a mineral surveyor
and the remuneration should be such as to assure an adequate job. Many
of the early day surveys of the public lands resulted in poor or even
fraudulent work because of the low contract price.
If a mineral surveyor has had considerable experience in an area, he may
agree to a fixed price per claim, plus a fixed price per conflict and
per mile of retracement of section lines with subdivision of sections as
required. An alternative to this is a daily or hourly fee for each
principal or party chief and assistants, plus expenses at cost, which
assures the Bureau of Land Management and the claimant that quality will
not be sacrificed because of cost. In the latter case, the mineral
surveyor should provide the claimant with an estimate so that he will be
prepared to meet his invoices. Either type of contract should provide
for periodic payments, and the mineral surveyor is justified in
requesting an advance deposit. In any event, payment for the mineral
survey is a matter of private contract; the foregoing are merely
suggestions.
=3–17= Inasmuch as mineral surveyors may not hold an interest in the
public domain (see Sec. 3–18 below), they are prohibited from accepting
an interest in the claims as payment for his services.
Restrictions
=3–18= The following is quoted from the current (1977) letter appointing
mineral surveyors:
“As a special Government employee (see _Waskey v. Hammer_,
223 U.S. 85, 1911), you are subject to the pertinent
conflict of interest statutes and standards of ethical
conduct as set out in 18 U.S.C. 202 and E.O. 11222, Part
III. You and your wife are prohibited from acquiring an
interest in the public lands, either directly or indirectly,
by provisions of 43 U.S.C. 11 and 43 C.F.R., Part 7. This
prohibition extends to locating and holding in your names
any mining claims, oil and gas leases, grazing licenses or
permits, cadastral survey contracts, or making any other
application or filing under the public land laws.” 43 C.F.R.
7.2 defines interest as follows:
“The term ‘interest’ means any direct or indirect ownership
in whole or in part of the lands or resources in question,
or any participation in the earnings therefrom, or the right
to occupy or use the property or to take any benefits
therefrom based on a lease or rental agreement, or upon any
formal or informal contract with a person who has such an
interest. It includes membership in a firm, or ownership of
stock or other securities in a corporation which has such an
interest: Provided, that stock or securities traded on the
open market may be purchased by an employee if the
acquisition thereof will not tend to interfere with the
proper and impartial performance of the duties of the
employee or bring discredit upon the Department.”
Employees stationed in Alaska are exempt from the above, _except for a
mineral lease or mining claim_, and may acquire one tract of land, not
exceeding five acres, for residence or recreation purposes. [43 C.F.R.
7.4 (a) (1) and (2).] Retention of an interest may be approved upon
written request to the Secretary of the Interior, provided the interest
was acquired prior to becoming an employee or the interest was acquired
by gift, devise, bequest, or by operation of law.
=3–19= The mineral surveyor may be required to file with the Bureau of
Land Management a “Public Disclosure Statement of Known Financial
Interests” under the Federal Land Policy and Management Act.
=3–20= It should be clear why the foregoing restrictions are placed on
mineral surveyors. They remove any possible conflict of interest and the
claimant may deal freely with the mineral surveyor knowing that he
cannot benefit from any information or knowledge gained during the
course of the survey.