Application and Order for Survey
=4–1= Purpose: Except in special instances, such as lands selected by
the Native Corporations under the Alaska Native Claims Settlement Act, a
mining claim may be held indefinitely as a location by performing the
annual assessment work and making the necessary affidavits and
recordings. However, once a valuable mineral deposit has been proven to
exist, it may be desirable to obtain absolute fee title (patent) to the
claim which, except in special cases, includes not only the mineral
estate, but the surface as well. Patent not only assures possession of
the property, but will facilitate financing as well.
Unless the claim is described by legal subdivisions as in the case of
placers and mill sites, an official survey by a United States Mineral
Surveyor under the direction and with the approval of the Bureau of Land
Management is the first step in obtaining a patent.
Almost universally, the location survey has not been made with
sufficient accuracy or detail to provide the necessary description for
patent. The patent survey will, in addition to permanently monumenting
and witnessing the location on the ground, show all conflicts with prior
mineral surveys, fee lands with mineral rights, and prior locations that
the claimant wishes to exclude. It will also show all the workings on
the claims, both by the claimant and by others, if any. The survey
itself confers no rights; patent must follow.
=4–2= Selecting a Mineral Surveyor: A list of approved and active
mineral surveyors may be obtained from any State Office, or from the
Director, Bureau of Land Management, at Washington, D.C. Mineral
surveyors’ appointments cover all states where the mining laws are
applicable.
Usually, it will be advantageous to select a mineral surveyor close to
the project, or one who has worked in the area and has a knowledge of
existing surveys. All mineral surveyors are not equally experienced.
Their appointment means that they have met certain qualifications and
have satisfactorily demonstrated a knowledge of mineral survey
procedures.
More than one mineral surveyor should be consulted before making a
selection. His proposed method of making the survey, his availability
and time schedule, as well as fees should be discussed. Fees should be a
secondary consideration and may be on a time and expense basis or a flat
contract price. If a flat price is to be decided, the mineral surveyor
will probably want to first make an examination of the property. In any
event, the arrangement between the mineral surveyor and the claimant is
a matter of private contract, and the Bureau of Land Management will not
be responsible.
Even after a survey has been started, the claimant may discharge a
mineral surveyor and select another, but such action will call for an
amended order for survey.
=4–3= Selecting an Attorney: An attorney-at-law to act as agent for the
claimant in the patent proceedings is not necessary; the claimant can
make the application for patent himself.
However, an attorney well-versed in mining law can be a big asset and
arrangements should be made prior to the survey so that he will be
available for consultation. The mineral surveyor will know of attorneys
with whom he has previously worked and may be able to make
recommendations. The attorney’s fee may be negotiated. If the claimant
is a large corporation, it may have staff attorneys or landmen that can
handle the patent application.
The mineral surveyor may not assist in the patent proceedings. His help
may be required in determining the net area of the claim from the area
statement in the mineral surveyor’s field notes. There is no objection
to the mineral surveyor interpreting his notes, and assisting in this
regard.
=4–4= Application for Survey: Must be made by claimant(s) or his agent
on current Form 3860–5 (see appendix). Instructions are on the back of
the form.
1. The name of the applicant (claimant) should be given exactly as it is
to appear in the patent, together with his post office address.
2. Group name (if any). If the claims are known by a group name, it may
be placed here. If they do not have a group name, it may be omitted.
3. Name(s) of claim(s) should appear exactly as they are given in the
location certificate, e.g., Molly No. 1 should not be given as Molly #1.
The date the claim was first located and recorded in the present chain
of title must be given; the dates of amendment are only the last
amendment made.
4. The location of the claims by section, township and range (stating
that it is unsurveyed if based on protracted survey lines), county and
state must be given. If not within a national forest, “None” should be
used in the blank provided.
5a. To support the application, furnish two copies of the location
notice (or last amended location with the original location and
recordation date shown thereon). One copy must be certified by the
custodian of the records where mining claims are locally recorded
(usually the County Clerk and Recorder).
5b. The claim must be monumented on the ground so that the mineral
surveyor can identify it.
6. In accordance with the instructions, a deposit in the proper amount
must be made to cover the costs of the Bureau of Land Management in
processing the survey.
7. The mineral surveyor designated must be one with whom prior
arrangements have been made for the survey. The Bureau of Land
Management may request proof, in the form of a simple letter from the
mineral surveyor, that he has agreed to make the survey. The application
should then be dated and signed by the applicant(s), if a corporation by
the authorized officer, or by the Attorney-in-fact if by an agent acting
for the applicant. Proof of authorized signature will not be required by
the Bureau of Land Management at this time, but will be required at the
time application for patent is made.
Several claims, generally limited to 50 in number, may be embraced in a
single survey provided they are contiguous, i.e., not merely cornering;
they must adjoin with common boundaries or overlap. Limiting the number
of claims to be embraced in a single survey is arbitrary, but set at
approximately 50 in order to facilitate processing. Two groups of claims
may be embraced in a single survey if they both adjoin a group
previously surveyed for patent and are owned in common.
Occasions have arisen where the group of claims lies in two states.
Applications for survey should be made in each state for the claims or
portions thereof which lie in that state. A survey number will be
assigned in each state for the portion lying within each state, but the
survey will be assigned for processing to the State where the majority
of the claims lie. (See Surs. Nos. 10631 Montana, 3168 Idaho.)
=4–5= Records Search: Prior to applying for the mineral survey, the
claimant or his agent should make a search of the county records to
determine if the claims are in conflict with other mining claim
locations. If so, copies of the location certificates should be obtained
for the mineral surveyor. If the claims are prior valid locations and
the claimant wishes to exclude them from his patent application, the
mineral surveyor will be required to show the conflict as it exists on
the ground.
If it is not the desire to exclude such claims, no mention of them will
be made in the field notes of the mineral survey, but the mineral
surveyor will be aware of them when he goes on the ground.
The claimant should also make a search of the Bureau of Land Management
records, particularly the Master Title Plats (M.T. Plats) to determine
conflict with prior patents and withdrawals. Connecting sheets, if
available, which show in outline all approved mineral surveys, should
also be examined for conflicts with prior mineral surveys. The BLM
record of unsurveyed locations should also be searched.
The claimant should make certain that his discovery point is on vacant
public domain, which includes minerals reserved to the United States
where the patent is for the surface only.
If two or more claims are involved, each must have its own discovery and
both discoveries may not be in an area of conflict between two claims.
The length and width of each lode claim must be checked to make certain
that statutory length of 1500 feet has not been exceeded and that the
right angle distance of no more than 300 feet exists on each side of the
presumed course of the vein (lode line).
The acreage of all claims and the length of placers must be checked for
excess. If excesses appear to exist the mineral surveyor should be
advised of them and directed to survey the claim within the boundaries
given so as to eliminate such excess.
While metes and bounds descriptions of lode claims are not mandatory,
the description must be such that the locus of the claim can be
determined. While a tie to a section is preferable, a tie to another
mineral survey, mineral location monument, or triangulation station of
the National Geodetic Survey or U.S. Geological Survey is acceptable
provided they can be identified with the public land survey. Ties to
bench marks are not acceptable.
Irregular claims, such as placer claims or mill sites, must have a metes
and bounds description closing within 0.50 feet in 1,000 feet. The
acreage of lode claims cannot exceed 20.661 acres. Placers may not
exceed 20 acres to each claimant, exclusive of conflict, and mill sites
may not exceed 5 acres, exclusive of conflict.
One of the location certificate copies must be certified by the
custodian of the local records, usually the County Clerk and Recorder.
If any of the above items are not in order, it will be necessary to
require the claimant to file an amended location certificate that will
properly describe the claim. If the error in the certificate is small,
or there is an obvious clerical error, such as calling for a bearing of
N.——W. when it should be N.——E. it will suffice to state in the final
field notes that the location certificate is in error.
To aid in determining the locus and relative position of several claims,
the claimant may be called upon to furnish a diagram. If the certificate
is marginal in detail, it is proper to suggest to the mineral surveyor
that an amended location certificate be filed and an amended order for
survey obtained before completing his survey. It is also proper to set a
time limit for the completion of the survey and filing returns.
After receipt of the survey order, the Mineral Surveyor should obtain
copies of necessary survey records, including MT Plat, the notes of
township surveys, conflicting mineral surveys, including the reports as
to the condition of corners and survey discrepancies contained under
other corner descriptions and supplemental data, Homestead Entry Surveys
and Exchange Surveys on Forest Service lands, Small Claims, Homesites,
Trade and Manufacturing Sites, Rights-of-Way and Townsites. He should
also consult the State and County records for restored section corners
and subdivision of sections. A visit with the County Surveyor will often
prove profitable.
=4–6= Order for Survey: The order for survey is issued by the State
Director of the Bureau of Land Management or he may delegate this action
to the Chief, Branch of Cadastral Surveys.
The order for survey is issued on current Form 3860–6, (see appendix) or
may be in letter form. The information given is essentially the same as
contained in the application for survey. The names of the locations must
be exactly as given in the location certificates.
The next consecutive survey number is assigned; a number from a
cancelled survey or survey order should not be used. Lodes and placers
may be included in the same survey. If a mill site is included, it is
designated by adding the letter “B” to the survey number; the other
claims being designated “A.”
A copy of the location certificates should be furnished to the mineral
surveyor, and a copy of the order to the claimant; also to the Regional
Forester if the claims are within a National Forest, or the National
Park Service if within a National Park or Monument.
=4–7= Amended (or Supplemental) Order for Survey: An amended order is
based on an amended application from the claimant. It is usually
occasioned by the filing of amended location certificates. The amended
application is processed exactly the same as the original application.
An amended order is also called for if there is an addition or deletion
of claims from the survey.
A change in mineral surveyor will call for an amended order, but the
order to the original mineral surveyor must be cancelled.
[Illustration:
BUREAU OF LAND MANAGEMENT SECTION CORNER
]
[Illustration:
NATIONAL GEODETIC SURVEY TRIANGULATION STATION
]
If the claimant sells the claims, an amended order will be required to
show the new claimant.
An amended order may be used to authorize the survey of additional
expenditures if the survey was approved without $500 of expenditures
being made. (See Sec. 5–21)
=4–8= Cancellation of the Survey Order: The most common reason for
cancelling a survey order is failure of the mineral surveyor to complete
the survey and file his returns. Under these circumstances, both the
claimant and the mineral surveyor should be advised 30 days in advance
of the action and be requested to show why the order should not be
cancelled. If any reasonable explanation is given, the time should be
extended. Lacking reasonable explanation the order will be cancelled,
notifying both the claimant and the mineral surveyor, and any excess
deposit is returned to the claimant.
Other reasons for cancelling a survey are a request to do so by the
claimant, or if the claim has been declared null and void due to a
contest brought by the United States.
The mineral survey number of a cancelled survey will not be used again,
unless reopened as an amended survey and would then be shown with an
“Am.” following the mineral survey number.