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If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - - - -Title: Mineral Survey Procedures Guide - -Author: Various - -Release Date: June 23, 2020 [EBook #62462] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK MINERAL SURVEY PROCEDURES GUIDE *** - - - - -Produced by Richard Tonsing and the Online Distributed -Proofreading Team at https://www.pgdp.net - - - - - - - - - - Mineral Survey Procedures Guide - - -[Illustration] - - - - -As the Nation’s principal conservation agency, the Department of the -Interior has basic responsibilities for water, fish, wildlife, mineral, -land, park, and recreational resources. Indian and Territorial affairs -are other major concerns of this department of natural resources. - -The Department works to assure the wisest choice in managing all our -resources so that each shall make its full contribution to a better -United States now and in the future. - - - - - MINERAL SURVEY PROCEDURES GUIDE - - _1980_ - - - - -This _Mineral Survey Procedures Guide_ does not and is not intended to -supersede the Bureau Manual or appropriate Federal, State, or Mining -District law which is concerned with mineral surveys and mining claims. -The _Manual of Instructions for the Survey of the Public Lands of the -United States_ is the official Bureau of Land Management document -regarding mineral surveys, and any real or apparent contradictions with -this _Guide_ should be referred to the _Manual_ for final assessment. - ------------------------------------------------------------------------- - - - - - Table of Contents - - - Page - - CHAPTER I—MINING LAWS - Mining Districts 1 - Federal Mining Laws 2 - State Mining Laws 5 - Abstract of State Laws 6 - Survey—Legal Interrelationships 14 - - CHAPTER II-DISCOVERY AND LOCATION - Lode Claims 19 - Placer Claims 25 - Mill Sites 25 - Tunnel Sites 26 - General 26 - - CHAPTER III—MINERAL SURVEYORS - Appointments 29 - Qualification 30 - Duties of the Mineral Surveyor 30 - Contract for Surveys 31 - Restrictions 32 - - CHAPTER IV—APPLICATION AND ORDER FOR SURVEY - - CHAPTER V—THE PATENT SURVEY - Field Work 39 - Office Work 50 - Processing the Survey 52 - Departures From the Normal Procedure 54 - - CHAPTER VI—RESURVEYS - - GLOSSARY OF MINING TERMS - - APPENDIX - - INDEX - - - - - FOREWORD - - -Mineral surveys are made to mark the legal boundaries of mineral -deposits or ore-bearing formations on the public domain where the -boundaries are determined by lines other than the normal subdivision of -the public lands. These surveys include the usual surveying technical -procedures and the examination and documentation of various reports and -certificates necessary to substantiate legal procedures. - -Understanding the basis for performance of mineral surveys is imperative -for the United States Mineral Surveyors as well as for those who are -involved with processing mineral survey returns, those who evaluate -claim validity, and for those cadastral surveyors who are involved in -retracing original mineral surveys. - - - - - ACKNOWLEDGMENTS - - -This _Guide_ was prepared by John V. Meldrum, U.S. Mineral Surveyor -(ret.) under the direction of the Cadastral and Mapping Training Staff, -Denver Service Center, Bureau of Land Management. Mr. Meldrum’s many -years of expertise in mineral surveys, and his professionalism as a -mineral surveyor are invaluable elements of its contents. - -In compiling the _Guide_, assistance was obtained from all of the State -Offices of the BLM, and gratitude is expressed to those cadastral survey -individuals who gave of their time and advice in assisting with its -preparation. The contribution of the Cadastral Survey Staff of the -California State Office is particularly acknowledged. - - - - - CHAPTER I - Mining Laws - - -Mining Districts - -=1–1= When gold was discovered at Sutter’s Mill in California in 1849 no -provisions had been made by the Congress of the United States for the -disposition of minerals on the public domain of the West. After a feeble -attempt at leasing, the copper and iron deposits of the Great Lakes -region as well as the lead deposits of Missouri were sold outright to -the highest bidder with minimum prices set from $2.50 to $5.00 per acre. -Consequently, the prospectors and miners of California formed mining -districts to provide self-government and maintain law and order. These -districts could be as small as a square mile, while others covered an -area several townships in size. - -=1–2= The functions of a district were to provide rules governing the -size of claims, manner of location and discovery requirements, recording -of locations, work required to hold a claim and period of absence -constituting abandonment. - -The miners were not without precedents in establishing their rules. In -Europe the Germanic or Prussian laws provided for the discovery and -location of mineral deposits with royalties going to the crown and the -surface owner. The discoverer received a larger claim than subsequent -locators. Periods of idleness without cause would open the ground to -relocation. A court system was provided for the mining industry. - -The Prussian law was the basis for English law and subsequently Spanish -and Mexican law. The Mexican law provided that three claims went to the -discoverer of a vein in a new district and two claims to the discoverer -of a new vein in an old district. Claims were 200 varas long and up to -200 varas wide, depending on dip, a vara being about a yard. Provision -was also made for discovery work and periodic labor. - -As the first claims in California were for placer gold, the miners were -allowed a claim about 10 feet along the stream and as far back as the -deposit ran. When lodes were discovered, the discoverer was usually -allowed two claims 100 feet long along the vein and 50 feet wide; then -others could stake one claim of this size on the vein. The miner could -follow his vein to depth, establishing extralateral rights. Rules were -made for marking the boundaries of claims and for recording them with -the district recorder. Miner’s courts were held to settle disputes. -Thus, American Mining Law was born. - -=1–3= Today, the mining districts exist in name only. As county -governments were set up (recording districts in Alaska which has no -counties), the mining districts turned their records over to the county -recorders and left the making and enforcement of local mining laws to -state or county governments. - -Mining districts may still be formed but any regulations that they may -impose cannot be in conflict with existing law at any level of -government. At this writing, none are known to exist; however, many -location certificate forms call for a mining district, as well as the -various forms provided by the Bureau of Land Management for the -processing of mineral surveys and patents. - -Each state office, except Montana, maintains a map, chart or index of -mining districts although the boundaries may be vague and overlapping. -These records are available to the public so that they may use a -district name, if available. - -If a claim is located in an area where no district exists, it is -customary to state that there is no organized district or that the claim -is in an unorganized mining district. There is, however, no objection to -using a commonplace name as a district to aid in identification of the -claim. - -[Illustration: - - =THE GREGORY LODE, BLACKHAWK—CENTRAL CITY, COLORADO= - - The first discovery of a gold vein in Colorado. (1858) Gregory, the - discoverer, was allowed two claims, 50 ft. wide and 100 ft. long; - others then staked claims 50 ft. wide and 100 ft. along the vein. -] - - -Federal Mining Laws (Title 30, United States Code) - -=1–4= Act of February 27, 1865, Sec. 9 (13 Stat. 441): Recognized that -the public domain was being appropriated for mining purposes but that -such appropriation was by the law of possession and that the paramount -title to such lands lay in the United States. - -=1–5= Act of July 26, 1866 (14 Stat. 251): Declared the mineral lands of -the public domain open to exploration and occupation by citizens of the -United States or those who had declared their intentions to become -citizens. It provided for claims 200 feet in length along the vein for -each locator, with an additional claim for the discoverer, and an -association could take up to 3000 feet in length. No width was -specified, only sufficient ground for working the claim. Extralateral -rights were granted inasmuch as the vein could be followed to any depth, -with all its dips, angles and variations. The Act also provided for -obtaining patent (fee title) from the United States. It also recognized -local customs, rules and mining districts, so far as they were not in -conflict with the laws of the United States. This Act was repealed by -the Act of May 10, 1872. - -=1–6= Act of July 9, 1870 (16 Stat. 217; 30 U.S.C. 35): Provided for -placer claims (not covered in the Act of 1866) which included all -deposits except veins of quartz and other rock in place. They were -limited in size to 160 acres, either by one person or an association of -persons, subject to entry and patent, and where on surveyed lands -required to conform to legal subdivisions. This Act, with modification, -is still in force. - -=1–7= Act of May 10, 1872 (17 Stat. 91; 30 U.S.C. Ch. 2; Title 43 -C.F.R.): This Act contains the General Mining Laws which, with -amendments, are still in force today. It provides in detail for -discovery, location, survey and patent of both lode and placer claims; -also mill sites. It requires annual labor, or assessment work until -patent. Tunnel sites for the discovery of lodes are also provided for. -The succeeding pages of this manual will take up and explain the various -provisions of this Act, with appropriate reference and quotations from -the Code of Federal Regulations or the U.S. Code, if not covered in the -C.F.R. - -=1–8= Act of March 3, 1872 (30 U.S.C. 71–90): Provided for the location -and purchase of coal; not a mineral subject to the general mining laws. -This Act was repealed by the Mineral Leasing Act of 1920. - -=1–9= Act of May 17, 1884 (30 U.S.C. 49a–49f): Extended the general -mining laws to Alaska. - -=1–10= Act of August 4, 1892 (30 U.S.C. 161): Included building stone -under the mining laws subject to the provisions governing placer mining -claims. - -=1–11= Act of February 11, 1897 (29 Stat. 526, 30 U.S.C. 101): -Specifically included petroleum or other mineral oils as a mineral under -the general mining laws subject to the provisions governing placer -mining claims. This Act was repealed by the Mineral Leasing Act of 1920. - -=1–12= Act of January 31, 1901 (30 U.S.C. 162): Included salt in any -form under the general mining laws subject to the provisions governing -placer mining claims, limited to one claim per person. This Act was -repealed by the Mineral Leasing Act of 1920. - -=1–13= Act of April 28, 1904 (30 U.S.C. 34): The monuments on the ground -shall constitute the highest authority as to which lands are patented -notwithstanding a conflict with the survey record or the calls and -descriptions recited in the patent. Also, in extending the public land -surveys, all patented mineral claims shall be segregated from the public -lands as they are monumented on the ground. - -=1–14= Act of February 25, 1920 (30 U.S.C. Chapter 3A): The Mineral -Leasing Act removed deposits of oil, gas, coal, potassium, sodium, -phosphate, oil shale, native asphalt, solid and semi-solid bitumen and -bituminous rock, including oil impregnated rock or sands, and sulphur in -Louisiana and New Mexico from the general mining laws and other laws and -set up a system of leasing for these minerals. - -=1–15= Act of July 31, 1947 (61 Stat. 681): The Materials Act authorized -the sale of mineral materials if the disposal of such materials was not -otherwise expressly authorized by law. - -=1–16= Act of August 13, 1954 (30 U.S.C. 521): Provided for multiple -development of mineral deposits under the mining and mineral leasing -laws. All mining claims and mill sites located after this date, and -those prior to this date that did not preserve their rights, do not -include leasable minerals, such minerals being subject to exploration -and development under the Mineral Leasing Act. - -=1–17= Act of July 23, 1955 (30 U.S.C. 601): Removed common varieties of -sand, stone, gravel, pumice (except block pumice), pumicite or cinders -from appropriation under the general mining laws. Also restricted the -use of the surface of unpatented mining claims to that portion necessary -for the development and mining of the deposit and permitted the federal -government to manage the surface and vegetative resources. - -=1–18= Act of August 11, 1955 (30 U.S.C. Chapter 16): All lands -previously withdrawn for power sites, except those actually in use or -being constructed upon, were restored to mining locations subject to -future use for power development under the authority of the United -States, without reimbursement, and subject to provisions for recording -the location within 60 days from date of location and assessment work -within 60 days of the expiration of the assessment year. - -=1–19= Act of March 18, 1960 (30 U.S.C. 42): Provided for the location -of mill sites in conjunction with placer claims subject to the same -requirements of survey as placers. This allowed location of mill sites -by legal subdivisions. - -=1–20= Act of September 28, 1962 (76 Stat. 652): Provides for free use -of petrified wood. - -=1–21= Act of December 24, 1970 (30 U.S.C. Chapter 23): This act -provides for geothermal steam leases and should the lease be terminated, -the lessee has the right to complete the location of mining claims for -minerals subject to location which would constitute a byproduct if -commercial production of steam continued. Conversion to a lease under -the Mineral Leasing Act for lease minerals is provided for if the lease -minerals are capable of being produced in commercial quantities. - -=1–22= Act of October 21, 1976 (43 U.S.C. 1744; 43 C.F.R. 3833): All -unpatented mining claims, including lodes, placers, mill sites and -tunnel sites located prior to this date must be recorded with the proper -state office of the Bureau of Land Management by filing a copy of the -record of the location (or last amended) notice or certificate, as -required by state law, together with a map showing the claim and its -relation to the public land survey or protracted grid, by October 21, -1979; and also provide evidence of assessment work for the preceding -assessment year, or notice of intention to hold, and thereafter prior to -December 31 of each calendar year. Claims located after October 21, 1976 -shall be recorded within 90 days of date of location and evidence of -assessment work or notice of intention to hold, if assessment work is -not required, filed prior to December 31 of each calendar year after the -year of location. Change in ownership must also be recorded and -(presumably) amended location certificates. If these recording -requirements are not met, the claims are deemed to be abandoned. - -=1–23= Reservations, Grants, Withdrawals and Severance of Minerals: -Indian and military reservations, national parks and monuments are not, -as a rule, open to mineral exploration except in special instances cited -in 1–24 below. National forests are open to mineral exploration, -location and patent, but subject to rules and regulations of the Forest -Service. National Forest Wilderness Areas are covered in 1–24 below. - -Grants include the Spanish Land Grants, Railroad Grants, and School -Grants (School Sections), most of which included the minerals. - -At least one Spanish Land Grant, The Sangre de Christo Grant comprising -Costilla County, Colorado, has its own system of mineral surveys. - -Arizona has its own rules for locating mining claims on state (school) -lands. Indemnity grants were made in lieu of other lands previously -appropriated, including unsurveyed school sections appropriated in part -under the mining laws. - -The Alaska Native Claims Settlement Act of December 18, 1971 granted -certain lands to the natives in Alaska and allowed owners of claims -located prior to August 31, 1971 five years to proceed to patent. -Regulations permitted filing an application for mineral survey to be -considered an application for patent. - -Withdrawals made under the authority of the President are not subject to -any form of location. Withdrawals under the Act of June 25, 1910 (43 -U.S.C. 141, as amended) are subject to location for metalliferous -minerals only. The Act, known as the Pickett Act, authorized the -President to make withdrawals for various purposes such as power, -irrigation, classification of lands. - -Withdrawals under the first form Reclamation Act of June 17, 1902 are -not subject to mining location unless opened under the Act of April 23, -1932. Lands withdrawn under the second form of the Act are subject to -location. - -The Federal Land Policy and Management Act of October 21, 1976(43 U.S.C. -1714) provides for withdrawals by the Secretary of the Interior, either -on his own motion or at the request of any department or agency head, -with certain restrictions and limitations. Each withdrawal and -subsequent restoration must be reviewed to determine if mining locations -are allowed, and under what conditions. - -Severance occurs when minerals are reserved to the United States in a -patent. Some of the Spanish Land Grants reserved certain minerals such -as gold, silver, quicksilver and antimony. - -The Act of March 3, 1891 reserved minerals from townsite entries on -mineral land, but each patent should be checked; some of the early -patents reserved only “known lodes.” - -The Act of July 17, 1914 permitted agricultural entry or purchase of -lands withdrawn for phosphate, nitrate, potash, oil, gas or asphalt with -a reservation of these minerals to the United States. - -The Act of July 20, 1956 permitted the disposition of these minerals -discovered and located prior to the Mineral Leasing Act. - -The Stockraising Homestead Act of December 29, 1916 allowed entry of 320 -acres rather than the 160 acre preemption homestead, but reserved the -minerals to the United States, the minerals being subject to disposal -under the general mining and mineral leasing laws. The surface owner is -protected by the Act, and a bond must be posted with the Bureau of Land -Management unless satisfactory arrangements can be made between the -mineral and surface owner (43 C.F.R. 3814). - -Lands patented under the Color of Title Act (43 U.S.C. 1068), by -exchange under the Taylor Grazing Act (43 U.S.C. 315g) and by Forest -Exchanges (16 U.S.C. 485) with mineral reservation to the United States, -are subject to appropriation under the mining and mineral leasing laws. - -The Atomic Energy Act of August 1, 1946 reserved fissionable source -material, uranium and thorium, to the United States, but these -provisions have since been rescinded and such minerals are locatable -under the mining laws. Mining claims for fissionable source materials -could be located on lands known to be valuable for coal under the Act of -August 11, 1955 (30 U.S.C. 541 through 541i) which expired August 11, -1975. - -=1–24= Areas Subject to Special Mining Laws: - -O & C Lands: The Act of April 8, 1948 (62 Stat. 162) reopened the -revested Oregon and California Railroad and Reconveyed Coos Bay Wagon -Road Grant Lands to exploration, location, entry and disposition under -the United States Mining Laws, but imposed additional requirements -regarding the filing of location certificates, affidavits of annual -labor, use of timber, etc. See 43 C.F.R. 3821 for details. - -Alaska Public Sale Act of August 30, 1949 (48 U.S.C. 364a–364e) -segregated for classification and sale certain lands, but reserved the -minerals for disposition under applicable law. Provided compensation to -the surface owner for damage. See 43 C.F.R. 3822. - -National Forest Wilderness Areas are open to prospecting and mining -under existing laws until midnight, December 31, 1983 by which time they -shall be closed except for valid existing rights. Patents will be for -mineral only with title to the surface reserved to the United States, -subject to certain use to facilitate mining. See 43 C.F.R. 3823. - -City of Prescott, Arizona Watershed: The Act of January 19, 1933 (16 -U.S.C. 482a) restricted future mining locations to minerals only with -restricted use of the surface. See C.F.R. 3824. - -Papago Indian Reservation, Arizona: The Act of June 18, 1934 (25 U.S.C. -461–479) as amended, restores from temporary withdrawal mineral location -and entry under the United States Mining Laws, but imposes additional -requirements for recording locations with the superintendent of the -reservation, payment of annual rental to the tribe and a fee in lieu of -the annual rental at time of patent. See 43 C.F.R. 3825. - -National Park Service Areas: National parks and national monuments are, -as a general rule, closed to mining, but there are exceptions, subject -to special rules, regulations, and reservations in the patent. These -special areas are: Mt. McKinley National Park, Alaska (see 43 C.F.R. -3826.1); Olympic National Park, Washington (see 43 C.F.R. 3826.2); Death -Valley National Monument, California (see 43 C.F.R. 3826.3); Glacier Bay -National Monument, Alaska (see 43 C.F.R. 3826.4); Organ Pipe Cactus -National Monument, Arizona (see 43 C.F.R. 3826.5). The Act of September -28, 1976 (90 Stat. 1342, 16 U.S.C. 1901) prohibits further mining -locations in these national parks and monuments. - -King Range National Conservation Area, California: Mining claims are not -prohibited, but those located after October 21, 1970 are subject to -strict regulations and inspection of all mining activity (see 43 C.F.R. -3827). - -=1–25= Acquired Lands: Minerals on acquired lands are not generally open -to mineral entry. These minerals are possibly subject to leasing only -(see 43 C.F.R. 3500). - -=1–26= Update: In order that mineral surveyors may keep abreast of new -laws it is desirable that the Office of Chief, Division of Cadastral -Survey, Washington, D.C. keep the mineral surveyors advised, furnishing -copies of the Acts and pertinent regulations, so far as it is -practicable to do so. Mineral surveyors may also keep abreast of new -legislation through the local offices of the BLM, their congressmen and -by becoming members of local mining associations and attending their -meetings. - - -State Mining Laws - -=1–27= Both the Acts of 1866 and 1872 provided for recognition of -“_local customs or rules of miners_ in the several mining districts so -far as the same are applicable and not inconsistent with the laws of the -United States.” - -(R.S. 2319, 30 U.S.C. 22). C.F.R. 3831.1 states in part “(c) _complying -with_ the _State Laws_, regarding the recording of the location in the -county recorder’s office, discovery work, etc. As supplemental to the -United States mining laws there are _State statutes_ relative to -location, manner of recording of mining claims, etc., in the State, -which should also be observed in the location of mining claims.” - -43 C.F.R. 3841.4–2 states in part: “... 600 feet in width, but whether -surface ground of that width can be taken depends upon the local -regulations of _State or Territorial laws_ in force ....” and 43 C.F.R. -3841.4–6 “the location notice must be filed for record in all respects -as required by the _State or Territorial laws_, and local rules and -regulations if there be any.” - -Requirements of State law as to mining locations must be complied with -if they are not repugnant to the United States mining laws. South Dakota -v. Madill, 53 I.D. 195 (1930). - -It is very clear that State laws must be complied with and some states -go so far as to state that if the essentials of discovery and location -are not complied with, the claim shall be null and void. Also, location -certificates that do not contain the information set forth in the law, -including an adequate description, shall be void. - -The mineral surveyors cannot ignore state law, yet there are areas where -they should not force the claimant to comply, such as failure to do the -necessary discovery work as long as a discovery point has been -designated. In such cases the claimant should be advised of the apparent -discrepancy. At his insistence, the survey should be executed and -processed to show the facts and conditions as they exist, leaving the -matter to adjudication during patent proceedings. On the other hand, an -inadequate description in the location certificate is justification for -requiring an amended certificate. - -Each mineral surveyor should obtain a copy of the state mining laws as -soon as possible after receiving an order for survey in that state. The -Chief, Branch of Cadastral Survey of each state office should have an -up-to-date copy of the laws for his state, and advise the Chief, -Division of Cadastral Survey at Washington, D.C. of changes as they -occur so that he may keep all mineral surveyors advised. - -Copies of state laws, in pamphlet form, are usually available from the -State Bureau of Mines or Geological Survey, the Secretary of State or -Attorney General. - -Do not confuse state laws pertaining to the location of mining claims on -the public domain with state laws covering the location of state lands. -Arizona, for instance, allows the staking of mining claims on state -lands and publishes rules and regulations governing such appropriation. -Most states, however, lease their minerals. - -Following is an abstract of the state laws in force so that mineral -surveyors and cadastral surveyors will have an immediate source of -information. The abstract is by no means complete, but contains only the -essentials, and is not a substitute for the laws themselves. - - -1–28 ALASKA - - -Lode Claims: - -_Location notice_ containing name of claim, name of locator(s), date of -location and approximate bearings and distances between corners shall be -posted at the northeast corner of the claim. - -Substantial _monuments_ of stone or posts not less than three feet high -and three inches in diameter, marked with name of claim, position or -corner number and direction of boundary lines to be erected at each -corner; witness corners shall be marked to indicate position of true -corner. Cut out, blaze or mark boundary lines. - -_Location Certificate_: Record in recording district (Alaska does not -have counties) within 90 days of posting, containing in addition to -information contained in the location notice, length and width of claim -and reference to a natural object or permanent monument. (Late filing -prior to intervening rights renews the location.) - - -Placer Claims: - -_Location notice_ containing same information as lodes, except giving -length and width rather than metes and bounds, to be posted on one of -the corners. - -_Monumentation_: same as for lodes. - -_Location Certificate_ and recording: same as for lodes. - -_Restrictions on precious metal_ placers are: - -1. Individual claims limited to 20 acres and 1320 feet, aggregate -length. - -2. Association claims limited to 40 acres and 2640 feet in length. - -3. Location by agent to be supported by recorded power of attorney, -limited to two principals per agent in any recording district. - -4. Annual labor of $100 for each 20 acres or excess fraction required. - - -Other: - -_Amended_ locations, notices and certificates are provided for. - -_Annual Labor_: Requirements same as federal law, except for precious -metal placers, but in conflict with the Act of October 21, 1976 -regarding failure to file. - -_Discovery Work_: None required. - - -1–29 ARIZONA - - -Lode, Placer and Mill Site Claims: - -_Location notice_: Containing name of claim; name and address of -locator(s); date of location; length and width of claim and distance -from the location monument to each end of the claim, in feet; the -general course of the claim; a reference to some natural object or -permanent monument; the section, township and range, if known, shall be -posted on a conspicuous monument of stones not less than three feet in -height, or a post at least four feet above ground, at one corner within -the boundaries of the claim. - -_Monumentation_: Within 90 days erect six substantial posts projecting -at least 4 ft. above ground or substantial stone monuments at least 3 -ft. high, one at each corner and one at the center of each end line of a -lode, marked to identify the corner or end center; posts may be of any -material readily distinguished as monuments and shall be no less than 1½ -inches in cross section. - -_Location Work_: None required after September 3, 1978. - -_Recording_: Within 90 days record in the office of the County Recorder -a copy of the location notice containing the section, township and range -(protracted, if unsurveyed), to which has been attached a map based upon -a survey commensurate with the ability of the locator, no more than 8½ -by 14 inches in size at a scale of one inch equals not more than 2000 -feet, containing: - - 1. The name of the claim. - - 2. Whether the claim is a lode, placer or mill site. - - 3. The locality, giving the section, township and range with tie to a - monument of the public survey, or if unsurveyed to a survey - monument of a U.S. Government Agency or U.S. Mineral Monument, - or, if none can be found, to a prominent natural object or - permanent monument. - - 4. The scale of the map. - - 5. The county in which the claim is situated. - - 6. A north arrow. - - 7. The type of corner and location monuments used. - - 8. Bearing and distance between corners. - - 9. If a placer or mill site described by legal subdivisions, the map - shall give the legal description instead of items 3 and 8 above. - - -Other: - -_Abandonment_: Failure to perform all the acts of location within the -specified time constitutes abandonment. - -_Annual Assessment Work_: Same as Federal, with form of affidavit given, -to be recorded by December 31 of the assessment year. - -_Relocation_, by owner and of abandoned claims, provided for, using the -map instead of location work. - -_Existing claims_: Owner may file map by October 21, 1980 which shall -constitute a rebuttable presumption that the claim was monumented on the -ground so that its boundaries could readily be traced. - - -1–30 ARKANSAS - -No state laws. - - -1–31 CALIFORNIA - - -Lode Claims: - -_Location notice_ containing name of claim, name and current mailing or -residence address of the locator(s), _length_ claimed along the course -of the vein each way _from_ the _point of discovery_ and _width_ claimed -on _each side of the center_ of the claim, in feet, general course of -vein, date of location (being date of posting) and reference to a -natural object or permanent monument, shall be posted in or on a -substantial monument at the point of discovery. - -_Monumentation_: Conspicuous and substantial monuments consisting of a -wooden post or stone structure not less than three and one-half inches -diameter, or metal post not less than two inches diameter, set at least -one foot in the ground and projecting at least three feet above ground, -or stone mound at least three feet high, with sufficient marks to -designate the corner and name of claim, shall be erected at each corner -and center of each end line within 60 days from date of location. -Witness corners provided for. - -_Recording_: Within 90 days of posting, record a true copy of the -location notice with the county recorder with a statement by the locator -of the monumentation and markings together with the section, township, -range and meridian. - - -Placer Claims: - -_Location notice_ same as for lodes except for description which shall -be the number of feet or acreage claimed with a description referenced -to some natural object or permanent monument, posted on a substantial -monument at the point of discovery. - -_Monumentation_: Mark the boundaries and erect at each corner a -substantial monument as specified for lodes, except where described by -legal subdivisions, such description being deemed the equivalent of -marking. (No time limit given, other than the 90 days for recording.) - -_Recording_: same as for lodes. - - -Tunnel Right: - -_Location notice_: Same as for lodes except for description which shall -be the proposed course of the tunnel and a description referenced to -some natural object or permanent monument, posted on a substantial -monument at the face of the tunnel. (No name for the tunnel is called -for.) - -_Monumentation_: Same monuments as for lodes placed along the lines of -the tunnel on the surface no more than 600 feet apart from the face to -the terminus of 3000 feet therefrom. - -_Recording_: same as for lodes. - - -Mill Sites: - -_Location_ and claim _boundaries marked_ as for placer claims, except -that location monument may be anywhere within the claim. - -_Recording_: same as for lodes. - - -Other: - -_Amended_ location and notice and _relocation_ provided for. - -_Annual Labor, remonumentation and remarking of corners_: Affidavit of -labor as required by federal law must be filed within 30 days of the -time limit for performance (end of assessment year) and, in addition to -the usual statements and descriptions, a statement that all corners and -notices are in place and are properly marked; an additional 30 days is -allowed for a supplemental affidavit if the original was filed by -someone other than the owner. Failure in such case constitutes _prima -facie_ presumption of abandonment. - -_Survey and monumentation_ by a United States Mineral Surveyor or land -surveyor licensed in California together with filing of field notes for -record with the location notice, constitutes _prima facie_ evidence of -the facts therein. - -_Penalties_ are provided for false statements and removal or destruction -of monuments. _Location (Discovery) Work_: None required (law amended in -1965 for placers, 1972 for lodes), except in the case of a tunnel right. - -_Survey of Location_: United States Mineral Surveyors are permitted to -make and record location surveys. - - -1–32 COLORADO - - -Lode Claims: - -_Location notice_ or plain sign to be posted at the point of discovery -on the surface containing name of the lode (claim), name of locator(s), -and date of discovery. - -_Discovery (Location) Work_ in the form of a shaft ten feet deep or -deeper if necessary for discovery, or open cut, crosscut or tunnel which -cuts a lode ten feet beneath the surface, or adit at least ten feet in -along lode from point of discovery to be completed within 60 days from -date of discovery, or file a map with the location certificate based on -an actual ground survey (see below). - -_Monumentation_: Surface boundaries to be marked by six substantial -posts, hewed or marked on the sides facing the claim, set in the ground -(or in a mound of stones on bedrock) one at each corner and one at the -center of each side line. Witness corner, suitably marked, may be used -as necessary. - -_Recording_: Within three months from date of discovery, file with the -county recorder a location certificate containing the name of the lode -(claim), name of locator(s), date of location, the number of lineal feet -claimed on each side of discovery shaft (similar working as provided -above, or discovery point), the general course of the lode and such -description as shall identify the claim with reasonable certainty. - -_Field Survey and Map_: In lieu of a discovery shaft (or similar -working) and within the time required for filing the location -certificate, attach to the location certificate for recording a map at a -scale of 1″ = 500′ prepared from an actual ground survey showing the -name and address of the discoverer of the claim, the legal subdivision -upon which the claim is located if on surveyed land, courses and -distances of the boundaries with tie to the nearest section or quarter -section corner or permanent monument if on unsurveyed land, thus readily -identifying the claim. - - -Placer Claim: - -_Location notice_ or sign same as lode but also giving number of acres -or feet claimed. - -_Discovery (Location) Work_: None. - -_Monumentation_: At each angle point (corner) of claim, substantial -posts as called for under lodes. - -_Recording_: Within 30 days from date of discovery file with county -recorder, containing name of claim, name of locator(s), date of -location, number of acres or feet claimed and description referenced to -natural object or permanent monument. - -=Mill Sites=: Mill sites are simply auxiliary to the working of mineral -claims and the location for a mill site should be made in substantially -the same manner as that of a lode or placer claim. There must be -satisfactory proof that land claimed as a mill site is not mineral in -character. No assessment work is required on mill sites but without -patent they can only be held by using them for the purposes for which -they were located. - -=Tunnel Claim=: Record, specifying the place of commencement and -termination with names of interested parties. - - -Other: - -_Relocation_ (Amended and Additional) by owner, and relocation of -abandoned claims provided for. - -_Annual Labor_: As required by federal law, affidavit may be filed -within six months of the end of the assessment year. - - -1–33 FLORIDA - -No state laws. - - -1–34 IDAHO - - -All mining claim locations: - -_Location notice_ to be posted at one corner of the claim containing -name of locator(s), name of claim (whether lode or placer), date of -location, mining district and county, directions and distances which -describe claim and tie from corner where notice was posted to natural -object or permanent monument as will fix and describe the site of the -claim. - -Substantial _monuments_ or posts at least four feet in height and four -inches square or in diameter, marked with the name of the claim, the -position or number of the corner and direction of boundary lines shall -be placed at each corner or angle. The boundary lines shall be marked so -they can be readily traced. Provisions for witness corners marked to -indicate true position. - -_Recording_: Within 90 days file for record a copy of the location -notice with the county recorder; failure to do so constitutes -abandonment. Attached to notice must be an affidavit of one of the -locators stating he is a citizen of the United States (or declared -intention to become one), he is familiar with the ground, that it has -not been previously located but if located, abandoned or defective. - - -Other: - -_Annual labor_ same as federal, affidavit required 60 days after end of -assessment year; except patent survey with affidavit, including cost, by -U.S. Mineral Surveyor may, if sufficient, be used for one year’s work. - -_Discovery or Location Work_: None required; law amended in 1970. - -_Additional Certificate_ (amended location) and _Location of Abandoned -Claims_ provided for. - - -1–35 LOUISIANA - -No state law. - - -1–36 MISSISSIPPI - -No state law. - - -1–37 MONTANA - - -Lode and Placer Claims: - -_Location notice_ containing name of claim, name of locator(s), date of -location (posting) and dimensions of area shall be posted at the point -of discovery. - -_Monumentation_: Within 30 days monument each corner or angle of the -claim using a tree eight or more inches in diameter, blazed on four -sides, a post four inches square, four feet six inches long, set one -foot in ground (or mound of earth and stone four feet or more in -diameter and two feet or more high if on bedrock), a squared stump of -requisite size surrounded by such mound, a stone at least six inches -square, 18 inches long, set two-thirds in the ground, with mound of -earth and stone alongside at least four feet in diameter, by two feet -high, or a boulder at least three feet above ground. Monument to be -marked with the name of claim and corner number or cardinal point. Other -monuments of lesser size to be determined acceptable by a court in the -event of a dispute. - -_Recording_: Within 60 days, comply with the U. S. Mining Laws and -record a certificate of location with the county clerk containing name -of claim and whether it is a lode or a placer, name of locator(s) with -post office address, date of location and description, referenced to -natural object or permanent monument and section, township and range -(projected if on unsurveyed land); directions and distances from -discovery point, and verified before an officer authorized to administer -oaths. Within 20 days the county clerk will furnish a copy to the -Department of State Lands at Helena, Montana. - - -Mill Sites: - -Located same as lodes or placers but without discovery. - - -Other: - -_Amended locations_, amended certificates, relocation by owner (but not -to avoid annual labor) and relocation of abandoned claims provided for. - -Filing of _false claims_ prohibited; penalty of not more than five years -in state penitentiary or not more than $5,000 fine, or both. - -Recording of affidavit of _annual labor_ as required by federal law -within 90 days after expiration of assessment year. - -_Discovery work_: None required, law amended in 1971. - - -1–38 NEBRASKA - -No state law. - - -1–39 NEVADA - - -Lode Claims: - -_Location notice_ containing name of claim, name of locator(s) with post -office address, date of location, the general course of the vein, the -number of feet claimed each way along the course of the vein from the -point of discovery, and the width claimed on each side of the center of -the vein, to be posted on a monument (as described below) at the point -of discovery. - -_Monumentation_: Within 20 days from date of posting, erect at each -corner of the claim and at the center of each side line a monument -consisting of a tree, with top removed, not less than four inches in -diameter, blazed and marked, a rock in place with smaller stones on top -having an overall height of no less than three feet, a stone no less -than six inches in diameter, 18 inches long, set two-thirds in the top -of a mound of earth or stone four feet diameter, two and one-half feet -high; a post four inches in diameter, four and one-half feet long set -one foot in ground (except on bedrock). All trees, posts or rocks, when -not four feet in diameter shall be surrounded by a mound of earth or -stone four feet in diameter, two and one-half feet high. Witness corners -are provided for. - -_Recording_: Within 90 days of posting, record duplicate location -certificates with the county recorder containing name of the lode or -vein (claim), name of locator(s) with post office address, general -course of the vein and number of feet claimed each way from the point of -discovery together with the width on each side of the center of the -vein, statement that location work consisted of making maps, and the -location and description of each corner with the markings thereon. - -_Maps_: Within 90 days of posting, file duplicate maps with the county -recorder (one of which will be sent to the county surveyor along with -the duplicate location certificate) showing the claim or claims, at a -scale no less than 500 feet to an inch, the relative position and number -of the corners and giving a tie by bearing and distance to a corner of -the public land survey or claim location marker if no corner can be -found, or if on unsurveyed land. Claim location marker shall be of rock, -four feet in diameter at base and at least four feet high, or a steel -post or pipe at least three inches in diameter and five feet above -ground. Also show the township and range, and if surveyed, the section -in which the claim and claim location marker is situated. - - -Placer Claims: - -_Location notice_: Same as for lodes except that instead of discovery -point, a location point anywhere on the north boundary, and instead of -length and width from discovery point and vein, the number of feet or -acres claimed. - -_Monumentation_: All corners and location point with monuments as -specified for lodes, except when described by legal subdivisions, only -the location point need be monumented. - -_Recording_: Same as for lodes, except giving number of feet or acres -claimed in lieu of lode description. (Apparently no statement regarding -map or corner descriptions necessary.) - -_Maps_: Same as for lodes, but if described by legal subdivisions, map -shall show the legal subs. - - -Mill Sites: - -_Location notice_: Same as for placers except point of posting not -designated; name of lode, mine or mill of which locator is owner to be -given. - -_Monumentation_: Same as for placers (and lodes) so far as applicable. - -_Recording_: Within 30 days file for record with the county recorder -duplicate certificates similar in all respects to the notice posted. - -_Maps_: Two copies of a map, not exceeding three by four feet in size to -be filed for record with the location certificates. - - -Tunnel Rights: - -_Location notice_ to be posted at the face or point of commencement -containing the name of the locator(s) and post office address, proposed -course or direction of tunnel, height and width thereof, position and -character of boundary monuments and reference to natural object or -permanent monument. - -_Monumentation_: Line of tunnel to be staked at intervals of not more -than 300 feet from commencement to 3000 feet therefrom; monuments to be -the same as for lodes and placers. - -_Recording_: Within 60 days record with county recorder (duplicate -certificates) similar in all respects to notice posted. - -_Maps_: File for record, with location certificate, two copies of a map -as required for lodes. - - -Other: - -_Amended locations and certificates_ and _relocation_ of abandoned -claims are provided for. - -Affidavits of _annual labor_ are provided for; to be recorded 60 days -from completion of work. - -_Discovery or Location Work_: None required, other than the map (law -amended in 1971). - -_False information_ willfully made on location certificates or maps a -felony punishable by no less than three nor more than ten years in the -state prison. - -_Survey_ with field notes and certificate of survey incorporated into -the record by U.S. Mineral Surveyor or land surveyor licensed in Nevada, -_prima facie_ evidence of the facts therein. - -_Location Survey_: United States Mineral Surveyors are permitted to make -location surveys. - - -1–40 NEW MEXICO - - -Lode Claims: - -_Location Notice_ containing name of locator(s), intent to locate the -mining claim, (name of claim) and description by reference to natural -object or permanent monument (date). - -_Monumentation_: Mark the location on the ground so that its boundaries -may be readily traced. Four substantial posts or monuments, one at each -corner. No specifications. - -_Discovery Work_: A shaft, cut, tunnel or adit at least ten feet below -surface disclosing mineral in place completed within 90 days of taking -possession; or a drill hole not less than one and one-half inches in -diameter, ten feet or more in depth, disclosing a valuable mineral -deposit in place. A substantial post or marker at least thirty inches -high inscribed with the name of claim, claim owner, depth of hole and -date drilled shall be placed within five feet of the hole. In addition, -an affidavit by the owner giving the date of the hole, location within -the claim, and mineral discovered shall be recorded in the office of the -county clerk within the 90 days. - -_Recording_: File for record a copy of the location notice with the -county clerk within three months from date of posting. - - -Placer Claims: - -_Location notice_ shall be posted at one corner stating name of claim, -material located, name of locator(s), and description by legal -subdivisions or metes and bounds with tie to natural object or permanent -monument, if on unsurveyed lands. - -_Monumentation_: A substantial wood post, four feet high, set securely -in the ground, or a substantial stone monument, shall be set at each -corner of the claim, regardless of whether the claim is on surveyed or -unsurveyed lands. - -_Discovery Work_: None required. - -_Recording_: A copy of the location notice shall be recorded with the -county clerk within 90 days of location and posting. - - -Other: - -_Additional_ and _amended locations_ and _relocations_ provided for. - -_Abandonment_ is provided for by filing for record a statement with the -county clerk. - -_Penalties_ are provided for falsifying location notices and affidavits, -defacing and changing location notices, destruction of corners, -hindering or preventing performance of annual labor and trespass, except -for determining performance of annual labor or locating on government -land. - -_Annual labor_: Affidavit to be filed for record with county clerk 60 -days from end of assessment year. - -_Private Lands_: Owners may make regulations, not in conflict with laws -of the United States or New Mexico; governing the location of mining -claims and file for record with county clerk. - - -1–41 NORTH DAKOTA - - -Lode Claims: - -_Location Notice_: to be posted at point of discovery containing name of -lode, name of locator(s), date of discovery, length, in feet, each way -from discovery, and width, in feet, on each side of lode. _Width limited -by state law to 150 feet on each side of lode; may be modified by -county._ - -_Discovery Work_: Shaft, cut or tunnel at a depth sufficient to disclose -the vein or lode, or adit ten feet along vein or lode, or drill hole, -not less than one and one-half inches in diameter and of sufficient -depth to reach, cut or expose vein or lode. Work to be completed within -sixty days from time of uncovering or disclosing a lode (posting). - -_Monumentation_: Eight substantial posts, hewed or blazed on the side -facing the claim, marked with the name of lode and corner, end of lode, -or side center sunk in ground or in monument of stone. - -_Recording_: Within sixty days file for record with the county register -of deeds a location certificate containing, in addition to information -in location notice, the general course of the vein, and date of -location. - - -Placer and Other Mining Claims: - -No state law. - - -Other: - -_Additional certificate_ and _relocation_, both by owner and abandoned -claims, provided for. - -_Annual labor_: Provided for, but no affidavit. - -_Surface owner_: May demand security from miner. - - -1–42 OREGON - - -Lode Claims: - -_Location notice_ containing name of lode or claim, name of locator(s), -date of location, linear feet claimed each way from point of discovery -along the vein or lode and width on each side of the vein or lode, and -the general course of the vein or lode, defining the boundaries and -reference to natural object or permanent monument. - -_Monumentation_: Within 30 days after posting mark with six substantial -posts, not less than three feet above ground and not less than four -inches square or in diameter, or substantial mounds of stone or earth -and stone, one at each corner and one at each center end. - -_Recording_: Within 60 days from posting, file for record with the -county clerk a copy of the location notice. - - -Placer Claims: - -_Location notice_: containing name of claim, name of locator(s), date of -location, number of feet or acres claimed, and a description by legal -subdivisions or with reference to a natural object or permanent -monument, to be posted at some conspicuous place on the claim. - -_Monumentation_: Unless located by legal subdivisions, corners shall be -monumented with same size materials designated for lodes, with monuments -no less than 1320 feet apart. - -_Recording_: Same as for lodes. - - -Mill Sites: - -_Location notice_ same as for placer claims except for reference to -appurtenant mining claim (lode or placer). - -_Monumentation_: Same as for placers. - -_Recording_: Copy of location notice to be recorded within 30 days. - - -Other: - -_Amended notices_ of location provided for. - -_Annual labor_ affidavit provided for; file within 30 days of completion -of work. - -_Legal Subdivision_ includes a subdivision of a state survey. - -_Discovery or Location Work_: None required. Law amended in 1971. - - -1–43 SOUTH DAKOTA - - -Lode Claims: - -_Location notice_ to be posted at the place of discovery on discovery -monument, containing name of lode, name of locator(s), date of -discovery, feet in length on each side of discovery and feet in width on -each side of lode. - -_Monumentation_: Eight substantial posts hewed or blazed on the side -facing claim, one at each corner, one at each end of the lode and one at -the center of each side line, sunk in the ground, or in mound of stone -if on bedrock, marked with the name of the lode and the corner, end or -side. - -_Recording_: Sixty days from date of discovery file for record with the -county register of deeds a location certificate containing the same -information as in the location notice, except date of location instead -of date of discovery, and in addition the general course of the vein and -a description with reference to a natural object or permanent monument. - - -Placer and other mining claims: - -No state law. - - -Other: - -_Additional certificate and relocation_, both by owner and abandoned -claims, provided for. - -_Annual labor_: Same as federal, affidavit provided for, no time limit -for recording. - -_Surface owner_ may demand security from miner. - -_Penalties_ are provided for violence, threats of violence or -intimidation of mining claimants or anyone at work on the claim by two -or more persons. - - -1–44 UTAH - - -Lode Claims: - -_Location notice_ containing the name of the claim, name of locator(s), -date of location, linear feet claimed each way along the course of the -vein from the point of discovery, width on each side of the center of -the vein, the general course of the vein and a description with -reference to a natural object or permanent monument. - -_Monumentation_: Must be distinctly marked on the ground so boundaries -can be readily traced. (Presumably at the corners, no specification as -to material and size of monuments.) - -_Recording_: Within 30 days, a substantial copy of the location notice -must be filed for record with the county recorder. - - -Placer Claims and Mill Sites: - -Same as for lodes, except the location notice shall state the number of -feet or acres claimed, instead of the length and width each way from the -point of discovery. - - -Other: - -_Assessment Work_ (Annual Labor): Provides for posting a notice -describing the work at the discovery monument and at the workings; -affidavit to be filed 30 days after completion. - -_Penalty_ provided for interfering with notices, stakes or monuments. - -_Discovery or Location Work_: None required. - - -1–45 WASHINGTON - - -Lode Claims: - -_Discovery notice_ to be posted at the discovery at the time of -discovery giving the name of the lode, name of locator(s) and date of -discovery. - -_Monumentation_: Substantial posts not less than four inches in -diameter, set in the ground, not less than three feet high, or -substantial stone monuments not less than three feet high, bearing the -name of the lode and date of location must be set at each corner. Claim -boundaries must be brushed out, and trees blazed if such vegetation -exists. - -_Recording_: Within 90 days from date of discovery, record in the county -auditor’s office a location notice containing the name of locator(s), -date of location, feet in length each way from discovery, general course -of the lode, and a description referenced to a natural object or -permanent monument. - - -Placer Claims: - -_Location notice_ or certificate to be posted in conspicuous place at -the point of discovery containing name of claim, name of locator(s), -date of discovery and posting of notice, a description by legal -subdivisions, or a description with reference to a natural object or -permanent monument. - -_Monumentation_: Within 30 days from discovery, including legal -subdivision placers. (No specifications as to monuments, but see -requirements for lodes.) - -_Recording_: Within 30 days from discovery record notice or certificate -of location with the county auditor. - -_Development work_: Within 60 days perform labor equal to $10 for each -20 acres, and file with the county auditor an affidavit showing -performance and nature and kind of work done. - - -Other: - -_Amended certificate_ (location) and _relocation_ provided for. - -_Assessment work_ (Annual Labor): Affidavit provided for, to be filed -within 30 days of the expiration of the assessment year. - - -1–46 WYOMING - - -Lode Claims: - -_Location notice_ to be posted at the point of discovery containing the -name of the lode or claim, the name of the discoverer and locator, and -date of discovery. - -_Discovery work_: A shaft ten feet deep, or cut or tunnel ten feet long, -disclosing the vein at a depth of ten feet; or a drill hole or holes no -less than one and one-half inch in diameter, aggregating at least 50 -feet deep with no one hole less than ten feet deep, to expose deposits -of valuable minerals. One hole shall be designated the discovery hole -and shall be marked with a substantial post or other permanent marker -within five feet of the hole, firmly set in the ground and at least 30 -inches above ground on which shall be placed the name of the claim, the -owner, depth of hole and date of drilling. Work to be done within 60 -days from date of discovery. - -_Monumentation_: Boundaries to be marked by six substantial monuments of -stone or posts, hewed or marked on the side facing the claim, sunk in -the ground, one at each corner and at the center of each side line. -Witness corners marked to indicate true point provided for. - -(=NOTE=: The above are prerequisite to filing a location certificate.) - -_Recording_: Within 60 days from date of discovery record a location -certificate with the county clerk containing the name of the claim, name -of the locator(s), date of location, length along the vein each way from -the center of discovery shaft, the amount of surface ground claimed on -either side of the discovery shaft, _the discovery shaft being always -equally distant from the side lines_, and a description tied to a -natural object or if on surveyed land to a section or quarter section -corner, as shall identify the claim beyond question. - - -Placer Claims: - -_Location notice_ to be posted on claim containing name of claim, name -of locator(s), date of discovery and number of feet or acres claimed. - -_Discovery Work_: None. - -_Monumentation_: Substantial posts or stone monuments to be placed at -each corner of the claim. - -(=NOTE=: The above are prerequisite to filing a location certificate.) - -_Recording_: Within 90 days after date of discovery record with the -county clerk a location certificate containing the name of the claim, -designating it as a placer claim, the name of locator(s), the date of -location, the number of feet or acres claimed and a description of the -claim by designation of natural or fixed objects as shall identify the -claim beyond question. - - -Other: - -_Additional location_ certificate (amendment) and relocation provided -for. - -_Annual labor_: Affidavits provided to be recorded with the county clerk -within 60 days after completion. - -_Surface owners_: Security from the miner provided. - -_Penalties_ are provided for force or threats by two or more persons -destroying mining property, including notices and amendments, and -defrauding, cheating or swindling, the latter being a felony. - - -Survey-Legal Interrelationships - -=1–47= The mineral surveyor and the cadastral surveyor responsible for -processing mineral surveys must be thoroughly familiar with both federal -and state law relating to the appropriation of minerals on the public -domain. - -The mineral surveyor may be the first detailed contact of the claimant -with a government official, and he will look to the mineral surveyor for -guidance through the first steps to obtaining patent, i.e., the survey, -including discovery and work requirements. - -If the location does not meet the requirements set forth in the law, the -mineral surveyor may suggest the corrective steps necessary, including -an amended location. If the location certificate is too vague, an -amended certificate will be in order. If the development work includes -improvements that will not count as patent expenditure or if common -improvements will not meet the tests set forth in the chapter on mineral -surveys in the _Manual of Surveying Instructions_, the mineral surveyor -should discuss the matter with the claimant and suggest corrective -measures. - -The matter of a valid discovery or what constitutes sufficient mineral -for patent is a complicated matter. While the mineral surveyor may -discuss the subject in generalities, as set forth in the next chapter, -it is not his duty to rule on it, this being a matter for the mineral -examiner and adjudicators to determine. He may guide the claimant in -properly locating and surveying his claims for patent. - -If the mineral surveyor feels that the claimant is not justified in -proceeding to patent or if he feels that the land is being obtained for -purposes other than mining, he may decline to make the survey, since it -is a matter of private contract. - -=1–48= Relationship of surveyor and attorney: If the claimant has -employed an attorney-at-law, the surveyor and attorney should work -closely together. - -The surveyor should recognize that he is not schooled in the law and -should respect the attorney’s opinion; on legal matters it is the -attorney’s responsibility. - -On the other hand, the attorney is not schooled in surveying and the -surveyor should guide him in technical matters. The surveyor may refuse -to comply with requests that are in conflict with his requirements of -survey and that of the Bureau of Land Management. Doubtful situations -may be referred to the Bureau of Land Management for further -instructions. - -Many attorneys are not expert in mining law and may require guidance -from the mineral surveyor. Should the surveyor find himself in a -situation where legal advice is necessary, and the claimant has not -employed an attorney, he should discuss the matter with the claimant and -recommend obtaining the services of a lawyer. - -=1–49= Extralateral Rights (Apex): Both the Acts of 1866 and 1872 -granted the right to follow a vein downward on its dip beyond the -vertical boundaries of the claim. R.S. 2322, 30 U.S.C. 26 states in -part: - - “The locators of all mining locations made on any mineral - vein, lode or ledge situated on the public domain ... shall - have the exclusive right of possession and enjoyment ... of - all veins, lodes, and ledges throughout their entire depth, - the top or apex of which lies inside of such surface lines - extended downward vertically, although such veins, lodes or - ledges may so far depart from a perpendicular in their - course downward as to extend outside the vertical side lines - of such surface locations. But their right to possession to - such outside parts of such veins or ledges shall be confined - to such portions thereof as lie between vertical planes - drawn downward as above described, through the end lines of - their locations, so continued in their own direction that - such planes will intersect such exterior parts of such veins - or lodes.” - -Extralateral rights exist only when the end lines are substantially -parallel and then only when the apex of the vein passes through at least -one of the end lines. - -If the vein passes through both end lines it may be followed with all -its dips and variations beyond the side lines within the vertical planes -of the end lines (see Claim A of Figure 1). - -Where the vein passes through one end line and one side line, one end -line is theoretically moved by protraction to the point where the vein -leaves the side line, and extralateral rights apply on the vein only to -the extent of the foreshortened claim (see Claim B of Figure 1). - -Where the vein leaves the claim through both side lines, there are no -extralateral rights and the vein may be mined only in the area contained -within the vertical boundaries of the claim (see Claim C of Figure 1). - -Two claims might be located along the strike of the same vein in such a -manner as to produce diverging end lines as in Claims D and E of Figure -1. In this case a portion of the vein beneath the surface (F) belongs to -neither claim and must be appropriated by staking claims the vertical -boundaries of which will encompass the unappropriated segment. - -Where veins of two different claims unite on the dip, the portion below -the junction belongs to the senior claim; if the veins cross, rather -than unite, the junction belongs to the senior claim. - -An outcrop is not an apex in the case of bedded deposits that are tilted -or outcrop on a canyon wall. Claims located on the outcrops of bedded -deposits have no extralateral rights. - -Where the vein is wider than patent, the extralateral rights belong to -the senior claim. A claim located on the dip, though senior, loses the -vein to a junior claim properly located on the apex. The latter issues -have been the subject of numerous lawsuits, and there have been -decisions favoring each side. - -In Figure 1, Claims A, B, C, D and E were located along the apex of a -vein dipping to the south in alphabetical order, “A” being the oldest -claim. The portions of the vein belonging to each claim are shown by -various cross-hatching. - -[Illustration: - - FIG. 1 -] - -=1–50= Riparian Rights: Although not a general rule, occasions have -arisen when a mining claim adjoins a navigable body of water and the -shoreline or mean high water mark becomes the boundary of the claim. In -such instances it is proper to run such a boundary as a meander line and -the field notes of the mineral survey should state that it is a meander -line of the mean high water line and that the corners of such line are -meander corners. The situation is well stated in _Alaska United Gold -Mining Co. et al. v. Cincinnati-Alaska Mining Co. et al._, decided April -18, 1916, 45 L.D. 330: - - “The rule as to meander lines is applicable to mining - claims, and where in the course of an official patent survey - of a mining claim abutting upon a navigable body of water a - meander line has been run, which follows as nearly as - practicable the shore line of the water, such shore line and - not the meander line, must be taken as the boundary of the - claim when patented according to the plat and field notes of - the survey.” - - “Where one of the boundaries of a patented mining claim is a - navigable body of water, all accretions formed after survey - and prior to entry and patent of the tract passed under the - patent, and all accretions that may thereafter form, become - the property of the riparian proprietor.” - -Following is an example of a mining claim with a meander line as a -boundary taken from Mineral Survey 2154A Alaska. While the notes do not -specifically call for meander corners, they do state that the line -follows the mean high water mark of Cook Inlet (Figure 2). It is not -necessary to monument the intermediate angle points along the meander -line, as the example shows. - -Should one entire end of a claim be delineated by a meander line, the -end line will be protracted parallel to the inland end line at the -farthest seaward point for the purpose of determining extralateral -rights. - -[Illustration: - - FIG. 2 -] - - - - - CHAPTER II - Discovery and Location - - -Lode Claims - -=2–1= Discovery: “No lode claim shall be located until after the -discovery of a vein or lode within the limits of the claim, the object -of which provision is evidently to prevent the appropriation of presumed -mineral ground for speculative purposes to the exclusion of bona fide -prospectors, before sufficient work has been done to determine whether a -vein or lode really exists.” (43 C.F.R. 3841.3–1) Obviously, then, the -staking and recording of a claim without a discovery of mineral is to no -avail, except that a discovery made prior to intervening rights perfects -the location. A claimant diligently trying to make a discovery will -generally be protected. - -Except for the minerals covered by the Leasing Act (1920), and common -varieties which may be acquired under the Materials Act (1947 and 1955), -“Whatever is recognized as a mineral by the standard authorities, -whether metallic or other substance, when found on public lands in -quantity and quality sufficient to render the lands valuable on account -thereof, is treated as coming within the purview of the mining laws.” -(43 C.F.R. 3812.1) - -Whether a mineral should be located as a lode or placer claim depends on -the nature of the deposit. - -Lodes are deposits of mineral in place, regardless of their origin. The -mineral must be firmly contained or embraced in solid rock. This -includes veins with distinct hanging and foot walls, replacement -deposits in sedimentary formations, ancient stream channels now -consolidated in sandstones, such as the uranium deposits of Wyoming, and -disseminated deposits such as the copper porphyries of Arizona. - -On the other hand, mechanical deposits of minerals such as gold -contained in the gravels of stream beds and alluvium deposits are -properly located as placer claims. However, certain rock types, such as -marble and perlite while mineral in place, are properly located as -placers since the Act of 1892 provided for locating building stone under -the placer mining laws. Included are bedded minerals not contained in -rock in place, such as bentonite. - -The discovery requirements for a lode claim are that the mineral must be -in place. A discovery of float (a loose piece of ore from a vein) is -insufficient. Merely a trace of mineral is insufficient. Discovery by -geologic inference is insufficient. There must be an actual and physical -exposure of a lode. - -The discovery must be on vacant public domain, which includes patented -surface lands with minerals reserved to the United States. - -There have been many court cases and decisions as to what constitutes -the discovery of a valuable mineral deposit and it can be a difficult -and complicated matter. The general rule is stated in the famous -_Castle_ v. _Womble_ Decision, 19 L.D. 455, 1894: “When minerals have -been found and the evidence is of such a character that a person of -ordinary prudence would be justified in the further expenditure of his -labor and means, with a reasonable prospect of success, in developing a -valuable mine, the requirements of the statute have been met.” - -In the Jefferson-Montana Copper Mines Co. case, 41 L.D. 320, 1902, it -was stated that the following elements of discovery are necessary: - - “1. There must be a vein or lode of quartz or other rock in place. - - 2. The quartz or other rock in place must carry gold or some other - valuable mineral deposit. - - 3. The two preceding elements, when taken together, must be such as to - warrant a prudent man in the expenditure of his time and money in - the effort to develop a valuable mine.” - -The extent of discovery will vary with the situation to be considered -and the type of mineral and deposit. For example, the requirement as -between two claimants is far less than that between a claimant and the -United States. A mineral of intrinsic value such as gold may well be -considered under the rules set forth above, but a more common mineral -would be further subjected to a test of marketability. - -In the course of patent proceedings, a mineral examiner of the Bureau of -Land Management, the Forest Service if the claim is in a national forest -or the National Park Service if the claim is in a national park or -monument, will make a field investigation to determine the validity of -the claims in question. - -Each location must be shown to be more valuable for minerals than for -any other purpose and the burden of proof rests with the claimant. The -claimant must be prepared to show the actual physical discovery and -substantiate the value through assays, drill logs, etc. - -The discovery need not be on the surface and may be made underground. In -the case of blanket (horizontal) veins, the vein may be wider than the -claim and discovery can be made anywhere within its boundaries. A -discovery showing value and/or marketability may be anywhere within the -claim. The discovery may be on the end line of a claim, but a single -discovery cannot support more than one claim. - -A discovery may be lost by the patenting of a junior claim in conflict, -in which case a new discovery is required. - -A claim cut in two by a non-mineral patent requires a discovery on each -portion of the claim. - -A claimant is entitled to possession as against third parties as long as -he is diligently engaged in trying to make a discovery. - -=2–2= Discovery Work: 43 C.F.R. 3841.3–2 states: - - “The claimant should, therefore, prior to locating his - claim, unless the vein can be traced upon the surface, sink - a shaft or run a tunnel or drift to a sufficient depth - therein to discovery and develop a mineral-bearing vein, - lode or crevice; should determine, if possible, the general - course of such vein in either direction from the point of - discovery, by which direction he will be governed in marking - the boundaries of his claim on the surface.” - -Except for the foregoing, the matter of discovery work is left to State -law. The general requirement was that the vein (deposit) be disclosed to -a depth of ten feet, or deeper if necessary, in a shaft, cut or tunnel. -In recent years the tendency is away from requiring discovery work. This -was brought about largely through the destruction of the surface by -bulldozers digging needless pits or cuts on uranium claims in order to -satisfy State law. - -Drill holes have also been substituted for the usual shaft, cut or -tunnel. In some cases the filing of maps has been substituted for -discovery work. - -The statutory requirements for each State are given in Chapter I. This -chapter and the statutes themselves should be checked for current -requirements. - -In any event, a discovery point (usually marked by a discovery monument, -bearing a notice) should be selected by the claimant from which to -recite the dimensions of his claim. If a discovery is made underground, -the discovery work requirement is usually met by driving a drift or -raise, or sinking a winze on the vein, for ten feet in length; the -discovery point is then marked on the surface, with the dip of the vein, -if any, projected to the surface. - -=2–3= Location: 43 C.F.R. 3841.4–1 states: “From and after May 10, 1872, -any person ... may locate ... a mining claim 1,500 linear feet along -the ... vein ...; or an association of persons ... may make joint -location of such claim of 1,500 feet, but in no event can a location of -a vein or lode made after May 10, 1872, exceed 1,500 feet along the -course thereof....” - -43 C.F.R. 3841.4–2 states: “No lode located after May 10, 1872 can -exceed a parallelogram 1,500 feet in length by 600 feet in width, but -whether surface ground of that width can be taken depends upon the local -regulations or State or Territorial laws.... No such local regulations -or State or Territorial laws shall limit a vein or lode claim to less -than 1,500 feet ... nor can surface rights be limited to less than 50 -feet in width....” - -[Illustration: - - DISCOVERY CUT - - Excavated by bulldozer, with discovery monument and location notice at - the point of discovery. -] - -[Illustration: - - DISCOVERY DRILL HOLE - - Note the discovery monument in the hole and samples of cuttings taken - at each 5 feet of depth. -] - -43 C.F.R. 3841.4–3 further states: “With regard to the extent of surface -ground ..., the Act of May 10, 1872, provides that the lateral extent of -locations of veins or lodes ... shall in no case exceed 300 feet on each -side of the middle of the vein at the surface, and that no such surface -rights shall be limited by any mining regulations to less than 25 feet -on each side of the middle of the vein at the surface ...; the end lines -of such claims to be in all cases parallel to each other ...; and when -the locator does not determine by exploration where the middle of the -vein at the surface is, his discovery shaft must be assumed to mark such -point.” - -The only State known to limit the width of claims at present is North -Dakota which only allows 150 feet on each side of the vein. - -While Wyoming allows the full width, the side lines must be equidistant -from the discovery, i.e., a claim may not have 300 feet on one side and -200 feet on the other. Since the federal law limits the size to 300 feet -on each side of the vein, if 200 feet is taken on one side, 400 cannot -be taken on the other. - -The length each way from the point of discovery may be any amount as -long as the total does not exceed 1,500 feet. - -There is no limit to the number of claims any individual, association or -corporation may locate. - -Figure 3 shows three different claim patterns, all of which meet federal -requirements. Claim A is the usual rectangle with the full length and -width, Claim B shows parallel end lines that are not at right angles to -the lode line and side lines. While they are longer than 600 feet, the -right angle distance on either side of the lode line is exactly 300 -feet. - -Claim C shows a break in bearing of the lode line at the center of the -claim (it could be anywhere on the lode line). Like Claim B, the right -angle width does not exceed 300 feet on either side of the center line -for any portion of the claim. - -Corners may be placed on patented land and on other claims in order to -obtain the described pattern and achieve parallel end lines with -extralateral rights. If the fee owner objects to monuments, witness -corners may be used. - -43 C.F.R. 3841.4–4 and 3841.4–5 give the minimum requirements for -defining and monumenting locations including the recording of location -notices. The laws of the various states elaborate on these requirements -giving minimum size of monuments and acceptable materials, specifying -the points on the boundaries that shall be monumented, giving the -contents required in the location certificates and setting time limits -for completing discovery work and recording. (See Chapter I.) - -A wood 4″×4″ post at least four feet in length, well set in the ground, -makes a good monument. It should be marked on the side facing the claim -with the corner number and initial, if not the full name of the claim. -Side centers may be marked S/C and end corners E/C, as required. - -Discovery monuments are usually marked D.M. The markings can be painted, -or scribed with a timber scriber. In a very active area where a number -of claims are being staked, claimants often paint the tops of posts with -a distinctive color so that they may be readily identified. - -A simple way to lay out and monument a single claim is to begin at the -discovery point and run out the desired distance each way along the lode -line, then turn an angle of 90° and run each way 300 feet to the -corners. (See Figure 4.) - -A simple way to lay out a block of claims on a bedded deposit is to run -out a common set of end lines and at 300 feet or less turn 90° and at 50 -feet or less set a discovery monument. Continue this procedure until the -end of the area is reached, then complete the survey by running the -boundaries so that each corner is located and monumented. (See Figure -4.) - -In staking a block of claims it is advisable to make them short of the -600′×1500′ so that minor errors in the location survey will not result -in infractions caused by oversize claims. - -There is no set rule for numbering corners, clockwise or -counterclockwise, except that they be consecutive. In a block of claims -corner numbers should be grouped, reducing the number of ties to a -section corner or natural object. - -While 43 C.F.R. 3841.4–5 calls for a tie to a permanent, well-known -point or object from the discovery, a tie from one of the corners is -perfectly acceptable. In fact a metes and bounds description with -bearings given at least to degrees and distances in feet, should be -included in the location certificate. Avoid using such directions as -southwesterly, northeasterly, northerly, etc. Acceptable location -certificate forms can usually be purchased at a local printer or -stationery store. - -[Illustration: - - FIG. 3 -] - -[Illustration: - - FIG. 4 -] - -The term “location notice” applies to the notice posted on the claim at -the time of discovery. Some states require that a copy of this notice be -recorded, while others provide for the filing of a location certificate -after all discovery work has been completed and the boundaries -monumented. Forms for the location notice, to be followed by the -location certificate for Colorado, and a form for a California location -notice, where a copy of the notice is recorded, are included in the -appendix. - - -Placer Claims - -=2–4= Discovery: 43 C.F.R. 3842.1–1 states: “But one discovery of -mineral is required to support a placer location, whether it be of 20 -acres by an individual, or 160 acres or less by an association of -persons.” The discovery may be anywhere in the claim and must be more -than a trace. Although it need not be commercial for purposes of -location, commercial feasibility (or marketability) will be required for -patent. - -Known lodes are automatically excluded from placer locations. If any are -known to exist they must be located as lode claims; the extent of -surface ground may be the minimum, i.e., 25 ft. on either side of the -vein. - -A number of oil shale placer claims were in existence at the time the -Mineral Leasing Act was passed in 1920, and have subsequently been -patented. Many discontinued performing the annual assessment work on the -theory that no one else could locate the claim. The Department of the -Interior has recently ruled (U.S. v. Frank W. Winnegar et al.; 81 I.D. -370) that failure to develop an oil shale claim demonstrates that the -deposit is not valuable and that the rule of the prudent man has not -been met. - -=2–5= Discovery Work: As with lodes, the State requirements for -discovery work have been eliminated for all but the State of Washington. -However, sufficient excavation will be necessary to disclose a valuable -deposit. - -=2–6= Location: The Act of 1870 limited placer claims to 160 acres, -whether they be located by an individual or association; the Act of 1872 -limited locations to 20 acres per person, with up to 160 acres for an -association of eight persons. Therefore, two persons may take 40 acres; -three take 60 acres; four take 80 acres, etc. - -If practicable, placer claims shall conform to the legal subdivisions of -the public land survey, with ten acres being the smallest unit -considered. If on unsurveyed lands, a placer claim should conform to the -protracted survey. If on surveyed lands, no further description is -necessary and the claim may proceed to patent on this basis. State law -may require monumentation of the corners. - -If on unsurveyed lands a mineral survey will be required before -application for patent can be made. Further limitation on size of -precious metal placers is imposed by the State of Alaska. There is no -limit on the number of placer claims that may be located. - -Where fractional lots of the public land survey are encountered, the -rule of approximation may be applied to excess acreage. The rule is that -the amount of excess may not exceed the amount of loss, if one of the -subdivisions were eliminated. On the basis of ten acre tracts, the -allowable excess would be 4.99 acres. - -There are instances where conformity to the public land survey is not -practical. These instances occur where conformity would take in a -sizable amount of non-mineral ground, such as a gulch placer, where the -claim is surrounded by prior locations or conformity would necessitate -placing the lines on prior claims. In these cases, a metes and bounds -description is proper, but with the following limitation: A location by -one or two persons must be included within a square 40 acre tract; a -location by three or four persons within two square 40 acre tracts -placed end to end; a location by five or six persons within three square -40 acre tracts; seven or eight persons within four square 40 acre -tracts. (43 C.F.R. 3842.1–5) - -Regardless of the manner in which a placer is described, a location -notice and/or certificate must be posted and filed for record. A sample -certificate is included in the appendix. - - -Mill Sites - -=2–7= Authority: The Act of 1872 provided for five acre mill sites to be -taken in conjunction with lode claims or for the purpose of building an -ore reduction works (mill or smelter). The Act of 1960 further provided -for mill sites taken in conjunction with placer claims, and further -provided for the description to be in the same manner as the placer. -This provided for describing mill sites by legal subdivisions, and in -practice this method of description is extended to mill sites taken with -lodes or for an ore reduction works. (Instruction Memo No. 72–151, -4/25/72.) - -Land appropriated as a mill site must be non-mineral in character and -the surface open to location under the mining laws. Once patented, it -includes all minerals. Nominal values do not constitute mineral ground, -nor does the fact that a mill site adjoins a lode or placer claim prove -mineral ground. In patent proceedings, the mineral examiner may require -drilling to provide the non-mineral character of the land. - -As with lodes and placers, a location notice must be posted and -recorded. (See appendix for sample.) State law may require -monumentation, even if described by legal subdivisions. - -=2–8= Required Use: 43 C.F.R. 3844.1 states: “A omitted is required to -be used or occupied distinctly and explicitly for mining or milling -purposes in connection with the lode or placer claim with which it is -associated. A custom or independent mill site may be located for the -erection and maintenance of a quartz mill or reduction works.” - -There is no limit to the number of mill sites that may be located, so -long as they are necessary for the operation of a mine or mill. -Acceptable uses include tailings ponds, dumps, storage facilities, -living quarters, etc. - - -Tunnel Sites - -=2–9= Possessory Right: The Act of 1872 gave the proprietors of a mining -tunnel the possessory right to 1,500 feet of any blind lodes cut by the -tunnel, not previously known to exist, for a distance of 3,000 feet from -the portal, or first working face of the tunnel. Since the 1,500 feet -could be taken in either direction from the line of the tunnel, this -provided an exclusive area 3,000 feet square. - -When a lode is discovered in the tunnel, it must be staked on the -surface, and a notice posted on the surface at the projected point of -discovery, either directly above or protracted on the dip of the vein. - -Failure to work the tunnel for six months constitutes abandonment. A -tunnel site may not be patented. (See appendix for sample location -certificate.) - -=2–10= Location: 43 C.F.R. 3843.2 and 3843.3 provides for posting a -notice at the portal of the tunnel, staking the claim and recording a -copy of the notice with the proper local authorities. The Act of 1976 -also requires recording with the Bureau of Land Management. - -It is customary to stake the line of the tunnel at such intervals so -that each succeeding stake or monument is visible from the last, -beginning at the first working face and continuing 3,000 feet to the -end. The four corners of the tunnel site should also be monumented. - -Although not expressly provided for by law, a dump site of reasonable -size may be located at the portal of the tunnel. - - -General - -=2–11= Recording of Claims: 43 C.F.R. 3841.4–6 states: “The location -notice must be filed for record in all respects as required by State or -Territorial laws, and local rules and regulations, if there be any.” -Although the foregoing is contained in that section pertaining to lode -claims, the same applies to placer claims, mill sites and tunnel sites. -All the state laws make provision for the recording of location notices, -with the County Clerk and Recorder or his equivalent (Register of Deeds -in North and South Dakota, County Auditor in the State of Washington). -Should the claim fall in two counties, it is proper to record the -original certificate in the county (and state) where the discovery lies. - -The Federal Land Policy and Management Act of 1976 made the recordation -of mining claims with the Bureau of Land Management mandatory. Unlike -state requirements, failure to file for record with the Bureau of Land -Management within the designated time makes the claim abandoned and -void. The objective is stated in 43 C.F.R. 3833.0–2: - - “An objective of these regulations is to determine the - number and location of unpatented mining claims, mill sites - or tunnel sites located on Federal lands to assist in the - management of those lands and the mineral resources therein. - Other objectives are to remove the cloud on the title to - these lands because they are subject to mining claims that - may have been abandoned and to keep the BLM abreast of - transfers of interest in unpatented mining claims, mill site - and tunnel sites ....” - -An abstract of the law is given in Chapter I. The proper State office of -the Bureau of Land Management should be contacted to determine their -requirements. - -=2–12= Assessment Work (Annual Labor): 43 C.F.R. 3851.1 states: - - “In order to hold the possessory right to a lode or placer - location made after May 10, 1872, not less than $100 worth - of labor must be performed or improvements made thereon - annually. The period within which the work required to be - done shall commence at 12 o’clock meridian on the first day - of September succeeding the date of location of each claim. - Where a number of contiguous claims are held in common, the - aggregate expenditure that would be necessary to hold all - the claims may be made on any one claim. Cornering locations - are held not to be contiguous.” - -Almost any type of improvement will count as assessment work. -Development work in the form of shafts, cuts and tunnels definitely will -count as well as drill holes. Roads, bridges, ore bins, etc., will also -count. Recently, geological, geochemical and geophysical surveys have -been included as qualifying for assessment work, although not for patent -expenditure. - -Reports by qualified experts conducting such surveys must be filed with -the county recorder. Such work cannot apply to more than two consecutive -years and no more than a total of five years. Work may be done in a -common improvement, but such work must be of benefit to all claims of -the common group. It may be outside the claims, such as a tunnel driven -toward the group for the development of the claims at depth. Not all -work qualifying for annual labor will qualify as patent expenditure. - -Provision is made in state laws for the filing of an affidavit of -assessment work and form of content is provided. A copy of said -affidavit or other proof must also be filed with the Bureau of Land -Management. In the past, the filing for record of the affidavit shifted -the burden of proof from the claimant to third parties and failure to -file such an affidavit, or failure to do the work, did not invalidate -the claim. Now, failure to do the work and file the necessary proof with -the Bureau of Land Management will render the claim abandoned and void. - -Notice of intent to hold must be filed with the Bureau of Land -Management in the case of mill sites and tunnel sites and in the case of -lodes or placers should the annual assessment work be suspended as it -has in the past during time of war or economic stress. - -=2–13= Relocation, Amended Location, Additional Location Certificate: -The terms “relocation” and “amended location” when made by the owner are -synonymous. Generally, there is no relocation or amended location by the -owner unless there is a change on the ground, such as a change in the -boundaries or a change in the discovery. Such relocations or amended -locations relate back to the original location and no existing rights -are surrendered by such an amendment. If there is no change on the -ground, and the change is only in the description, then an additional -location certificate will suffice. - -Amendments (or relocations) by the owner are made for the purpose of -correcting any errors in the original location, description or record, -changing the boundaries, or for the purpose of acquiring that part of -any overlapping claim that has been abandoned. A relocation by the owner -will not cure the lack of discovery or failure to do assessment work. - -In the case of relocation of an abandoned claim by a third party, the -discovery work should be extended or a new discovery made and the -monuments should be checked to see that all are in place and in good -condition. Such a relocation does not relate back to the original -location. - -State laws cover amendments and relocations and they should be checked -for the requirements. (See appendix for sample Additional and Amended -Location Certificate.) - - - - - CHAPTER III - Mineral Surveyors - - -Appointments - -=3–1= 43 C.F.R. 3861.5–1 states: - - “Pursuant to section 2334 of the Revised Statutes (30 U.S.C. - 39), the Director or his delegate will appoint only a - sufficient number of surveyors for the survey of mining - claims to meet the demand for that class of work. Each - applicant shall qualify as prescribed by the Director or his - delegate. Applications for appointment may be made at any - office of the Bureau of Land Management listed in 3821.2–1 - of these regulations. A roster of appointed mineral - surveyors will be available at these offices. Each appointee - may execute mineral surveys in any state where mineral - surveys are authorized.” - -The Director referred to is the Director, Bureau of Land Management. - -=3–2= Mineral Surveyors were originally appointed by the Surveyors -General (General Land Office) of the various states where mineral -surveys are authorized, and were appointed for that State only. As a -general rule these men were practicing consulting mining engineers in an -area covering one or more mining districts and seldom went out of their -area to execute surveys. As a result, over a period of time, they -developed a valuable set of survey records pertaining to claim corners, -section corners and mine workings. Claimants found it advantageous to -employ a mineral surveyor in his district because of his proximity to -the work and his previously acquired knowledge. - -With the decline in mining activity due to mineral deposits being -exhausted or reaching uneconomical depths, and with the improvement in -modes of transportation, mineral surveyors found themselves covering -larger areas, and many sought appointments in more than one State. With -the formation of the Bureau of Land Management and the establishment of -areas or regions, the mineral surveyors’ appointments were extended to -the area or region embracing their State and all adjoining states to the -area or region, and finally to all states subject to the Federal mining -laws. - -=3–3= Today, mineral surveyors are appointed by the Chief, Division of -Cadastral Survey of the Bureau of Land Management at Washington, who -acts for the Director. Application may be made to any State Office or -directly to the Washington Office. The application should contain a -brief resume of the applicant’s experience in land surveying, mining and -geology and list the states in which he is registered as a land -surveyor, or as a professional engineer if that state permits certain -classes of professional engineers to do land surveying. The applicant is -cautioned, however, that appointments are made only if a need is -demonstrated by one of the State Directors, and he requests that an -examination be held at his office to supplement the roll of mineral -surveyors. Appointments are presently for a four-year period. - -=3–4= Mineral surveyors were originally bonded and such bonds were -usually for a four-year period. The renewal of these bonds served to -keep the roster of mineral surveyors active. Bonds are no longer -required, but the mineral surveyor must request renewal of his -appointment 60 days before its expiration. Renewal is based on his -activity as a mineral surveyor, the quality of his work and the -timeliness of filing returns of his surveys. If the record shows that he -has not been actively engaged in executing mineral surveys, he may be -dropped from the rolls. If he allows his appointment to lapse, he will -not be reinstated or reappointed unless he demonstrates his capability -to make mineral surveys, and there is a need for additional mineral -surveyors. - -=3–5= A mineral surveyor’s appointment may be revoked at any time for -just cause, among which are: incompetence, gross misconduct, conflict of -interest, failure to personally execute a survey, failure to prosecute -work diligently, and failure to file timely returns. - -=3–6= Before the revocation as stated in 3–5 can occur, any outstanding -surveys or survey orders must be disposed of by completion, cancellation -or by issuing a new order to another mineral surveyor, as mutually -agreed on by all parties. - - -Qualification - -=3–7= Although the mineral surveyor, as an employee or officer of the -Federal Government, is not subject to State laws regulating the practice -of land surveying, he will find it advisable to be registered, at least -in his home State, if not in other states where he engages in mineral -land surveying. Actually, he is only exempt from registration when he is -working under a mineral survey order and as such he is limited to work -covered by the order. However, the States of California and Nevada -specifically permit a United States Mineral Surveyor to make a location -survey and to make such survey a part of the record. (Public Resources -Code of California, Sec. 2311, and 517.210 R.S. Nevada.) A mineral -surveyor would probably not be questioned in other states if he is -making an amended location survey or field examination prior to the -application for survey. Often, additional work will be required by the -claimant and the mineral surveyor will have to refer this work to others -or associate with a registered surveyor. Furthermore, if an applicant -for appointment is not registered in his home State, the Chief of the -Division of Cadastral Survey may require a more extensive examination so -as to embrace material normally covered in State examinations. - -=3–8= Although basically a land surveyor, the mineral surveyor should -have a working knowledge of geology, ore deposits and principles of -mining in order to properly execute his work. He should also be familiar -with the methods of making underground surveys. He may acquire such -knowledge informally by reading texts on the subjects and through -membership in local mining associations and organizations. - -=3–9= Applicants for appointment as Mineral Surveyor must pass a 16–hour -examination with a grade of 70 consisting essentially of four parts: - -1. A solar observation for azimuth consisting of six consecutive -readings, with an engineer’s transit or double center theodolite, three -each with the telescope in direct and reversed positions observing -opposite limbs of the sun; together with the necessary calculations to -determine the true meridian. The applicant will furnish the instrument -used. - -2. Correctly answer questions on the legal and technical aspects of -mineral surveys. Such questions may be of the true/false or multiple -choice type. - -3. Solve a practical problem relating to mining claims, including -conflicts, where a set of conditions are given. - -4. Prepare a set of field notes and prepare a preliminary plat from -given field data. - -References and calculators including minicomputers may be used in the -examination. It is an open book examination. - -The examination will be held in the office of the State Director who -made the request, but it is not limited to residents of that State and -anyone whose application has been accepted may take the examination at -his own expense. Upon successful completion of the examination, the -applicant will furnish the names of three references who are familiar -with his character, integrity and capability as a surveyor. The -examination is prepared by the Washington Office and mailed in a sealed -envelope bearing the applicant’s name to the State office. The completed -examination is returned to the Washington Office in a sealed envelope -for each applicant for grading. - - -Duties of the Mineral Surveyor - -=3–10= The duties of the mineral surveyor begin with an order for survey -and cease with the approval of that survey. This precludes using data -acquired by former surveys and by reason of having made the location or -amended location survey, unless such data is verified by field work and -examination after the survey order is issued. - -The surveyor should not act as agent for the claimant in the signing of -location or amended location certificates, although he may post such -notices for the claimant. _The mineral surveyor is prohibited from -taking any part in the patent application;_ however, he may assist the -attorney or agent or the claimant himself in interpreting his field -notes, including the area statement. A mineral surveyor exceeds his -duties if he prepares the notices of application for patent (24 L.D. -193). - -=3–11= The survey must be made in person by the mineral surveyor. This -does not mean that every physical act of survey must be performed by -him, but it must be performed under his direct supervision in the field. -The mineral surveyor is prohibited from delegating such supervision to -employees. In other words, the mineral surveyor cannot send a field -party out to do the work under his authority without being on the ground -himself. There is no objection to having more than one survey crew -perform the field work as long as the mineral surveyor can give each -crew adequate supervision. The same rule applies to office work in -connection with the survey. - -There is nothing that prohibits a mineral surveyor from being a part of -an engineering and/or surveying firm, but he should be a principal of -that firm. If he works as an employee of such a firm, he is compromising -his appointment, for as a mineral surveyor he is an employee of the -Bureau of Land Management. - -He cannot be an employee of the claimant, nor can he employ the -claimant, his attorney or parties in interest as assistants in making -surveys of mineral claims (43 C.F.R. 3861.3–2). - -=3–12= The survey must be an actual survey on the ground. This precludes -the calculation of ties and other lines through prior surveys. (See 6 -L.D. 718 which disallowed a section corner tie calculated from another -survey and required an amended survey to run the section tie on the -ground.) - -=3–13= The mineral surveyor should bear in mind that his field work is -subject to spot checks by cadastral surveyors of the Bureau of Land -Management for sufficiency and accuracy; also, if his returns of a -survey indicate irregularities, a complete examination by the Bureau of -Land Management may be made. Such field checks will normally be made -when a field party is in the area during the normal course of a field -season. Irregularities that cannot be resolved with the mineral surveyor -may call for a special field examination. - - -Contract for Surveys - -=3–14= 43 C.F.R. 3861.4–1 Payment: (a) The claimant is required in all -cases to make satisfactory arrangements with the surveyor for the -payment for his services and those of his assistants in making the -survey, as the United States will not be held responsible for the same. -(b) The State Director has no jurisdiction to settle differences -relative to the payment of charges for field work between mineral -surveyors and claimants. These are matters of private contract and must -be enforced in the ordinary manner, i.e., in the local courts. The -Department has, however, authority to investigate charges affecting the -official actions of mineral surveyors, and will, on sufficient cause -shown, suspend or revoke their appointment. (See 3–1 above.) - -=3–15= 30 U.S.C. 39 states in part: “The Director of the Bureau of Land -Management shall also have the power to establish the maximum charges -for surveys ...; and to the end that the Director may be fully informed -on the subject, each applicant (for patent) shall file with the Manager -(of the land office) a sworn statement of all charges and fees paid by -such applicant for ... surveys....” - -=3–16= Many factors enter into the ultimate cost of a mineral survey, -such as the terrain, distance from centers of population, condition of -the public land survey, number of conflicts with prior surveys and -patents, the age of conflicting surveys, variable weather conditions, -and inflation. - -Cost should be a secondary consideration in selecting a mineral surveyor -and the remuneration should be such as to assure an adequate job. Many -of the early day surveys of the public lands resulted in poor or even -fraudulent work because of the low contract price. - -If a mineral surveyor has had considerable experience in an area, he may -agree to a fixed price per claim, plus a fixed price per conflict and -per mile of retracement of section lines with subdivision of sections as -required. An alternative to this is a daily or hourly fee for each -principal or party chief and assistants, plus expenses at cost, which -assures the Bureau of Land Management and the claimant that quality will -not be sacrificed because of cost. In the latter case, the mineral -surveyor should provide the claimant with an estimate so that he will be -prepared to meet his invoices. Either type of contract should provide -for periodic payments, and the mineral surveyor is justified in -requesting an advance deposit. In any event, payment for the mineral -survey is a matter of private contract; the foregoing are merely -suggestions. - -=3–17= Inasmuch as mineral surveyors may not hold an interest in the -public domain (see Sec. 3–18 below), they are prohibited from accepting -an interest in the claims as payment for his services. - - -Restrictions - -=3–18= The following is quoted from the current (1977) letter appointing -mineral surveyors: - - “As a special Government employee (see _Waskey v. Hammer_, - 223 U.S. 85, 1911), you are subject to the pertinent - conflict of interest statutes and standards of ethical - conduct as set out in 18 U.S.C. 202 and E.O. 11222, Part - III. You and your wife are prohibited from acquiring an - interest in the public lands, either directly or indirectly, - by provisions of 43 U.S.C. 11 and 43 C.F.R., Part 7. This - prohibition extends to locating and holding in your names - any mining claims, oil and gas leases, grazing licenses or - permits, cadastral survey contracts, or making any other - application or filing under the public land laws.” 43 C.F.R. - 7.2 defines interest as follows: - - “The term ‘interest’ means any direct or indirect ownership - in whole or in part of the lands or resources in question, - or any participation in the earnings therefrom, or the right - to occupy or use the property or to take any benefits - therefrom based on a lease or rental agreement, or upon any - formal or informal contract with a person who has such an - interest. It includes membership in a firm, or ownership of - stock or other securities in a corporation which has such an - interest: Provided, that stock or securities traded on the - open market may be purchased by an employee if the - acquisition thereof will not tend to interfere with the - proper and impartial performance of the duties of the - employee or bring discredit upon the Department.” - -Employees stationed in Alaska are exempt from the above, _except for a -mineral lease or mining claim_, and may acquire one tract of land, not -exceeding five acres, for residence or recreation purposes. [43 C.F.R. -7.4 (a) (1) and (2).] Retention of an interest may be approved upon -written request to the Secretary of the Interior, provided the interest -was acquired prior to becoming an employee or the interest was acquired -by gift, devise, bequest, or by operation of law. - -=3–19= The mineral surveyor may be required to file with the Bureau of -Land Management a “Public Disclosure Statement of Known Financial -Interests” under the Federal Land Policy and Management Act. - -=3–20= It should be clear why the foregoing restrictions are placed on -mineral surveyors. They remove any possible conflict of interest and the -claimant may deal freely with the mineral surveyor knowing that he -cannot benefit from any information or knowledge gained during the -course of the survey. - - - - - CHAPTER IV - Application and Order for Survey - - -=4–1= Purpose: Except in special instances, such as lands selected by -the Native Corporations under the Alaska Native Claims Settlement Act, a -mining claim may be held indefinitely as a location by performing the -annual assessment work and making the necessary affidavits and -recordings. However, once a valuable mineral deposit has been proven to -exist, it may be desirable to obtain absolute fee title (patent) to the -claim which, except in special cases, includes not only the mineral -estate, but the surface as well. Patent not only assures possession of -the property, but will facilitate financing as well. - -Unless the claim is described by legal subdivisions as in the case of -placers and mill sites, an official survey by a United States Mineral -Surveyor under the direction and with the approval of the Bureau of Land -Management is the first step in obtaining a patent. - -Almost universally, the location survey has not been made with -sufficient accuracy or detail to provide the necessary description for -patent. The patent survey will, in addition to permanently monumenting -and witnessing the location on the ground, show all conflicts with prior -mineral surveys, fee lands with mineral rights, and prior locations that -the claimant wishes to exclude. It will also show all the workings on -the claims, both by the claimant and by others, if any. The survey -itself confers no rights; patent must follow. - -=4–2= Selecting a Mineral Surveyor: A list of approved and active -mineral surveyors may be obtained from any State Office, or from the -Director, Bureau of Land Management, at Washington, D.C. Mineral -surveyors’ appointments cover all states where the mining laws are -applicable. - -Usually, it will be advantageous to select a mineral surveyor close to -the project, or one who has worked in the area and has a knowledge of -existing surveys. All mineral surveyors are not equally experienced. -Their appointment means that they have met certain qualifications and -have satisfactorily demonstrated a knowledge of mineral survey -procedures. - -More than one mineral surveyor should be consulted before making a -selection. His proposed method of making the survey, his availability -and time schedule, as well as fees should be discussed. Fees should be a -secondary consideration and may be on a time and expense basis or a flat -contract price. If a flat price is to be decided, the mineral surveyor -will probably want to first make an examination of the property. In any -event, the arrangement between the mineral surveyor and the claimant is -a matter of private contract, and the Bureau of Land Management will not -be responsible. - -Even after a survey has been started, the claimant may discharge a -mineral surveyor and select another, but such action will call for an -amended order for survey. - -=4–3= Selecting an Attorney: An attorney-at-law to act as agent for the -claimant in the patent proceedings is not necessary; the claimant can -make the application for patent himself. - -However, an attorney well-versed in mining law can be a big asset and -arrangements should be made prior to the survey so that he will be -available for consultation. The mineral surveyor will know of attorneys -with whom he has previously worked and may be able to make -recommendations. The attorney’s fee may be negotiated. If the claimant -is a large corporation, it may have staff attorneys or landmen that can -handle the patent application. - -The mineral surveyor may not assist in the patent proceedings. His help -may be required in determining the net area of the claim from the area -statement in the mineral surveyor’s field notes. There is no objection -to the mineral surveyor interpreting his notes, and assisting in this -regard. - -=4–4= Application for Survey: Must be made by claimant(s) or his agent -on current Form 3860–5 (see appendix). Instructions are on the back of -the form. - -1. The name of the applicant (claimant) should be given exactly as it is -to appear in the patent, together with his post office address. - -2. Group name (if any). If the claims are known by a group name, it may -be placed here. If they do not have a group name, it may be omitted. - -3. Name(s) of claim(s) should appear exactly as they are given in the -location certificate, e.g., Molly No. 1 should not be given as Molly #1. -The date the claim was first located and recorded in the present chain -of title must be given; the dates of amendment are only the last -amendment made. - -4. The location of the claims by section, township and range (stating -that it is unsurveyed if based on protracted survey lines), county and -state must be given. If not within a national forest, “None” should be -used in the blank provided. - -5a. To support the application, furnish two copies of the location -notice (or last amended location with the original location and -recordation date shown thereon). One copy must be certified by the -custodian of the records where mining claims are locally recorded -(usually the County Clerk and Recorder). - -5b. The claim must be monumented on the ground so that the mineral -surveyor can identify it. - -6. In accordance with the instructions, a deposit in the proper amount -must be made to cover the costs of the Bureau of Land Management in -processing the survey. - -7. The mineral surveyor designated must be one with whom prior -arrangements have been made for the survey. The Bureau of Land -Management may request proof, in the form of a simple letter from the -mineral surveyor, that he has agreed to make the survey. The application -should then be dated and signed by the applicant(s), if a corporation by -the authorized officer, or by the Attorney-in-fact if by an agent acting -for the applicant. Proof of authorized signature will not be required by -the Bureau of Land Management at this time, but will be required at the -time application for patent is made. - -Several claims, generally limited to 50 in number, may be embraced in a -single survey provided they are contiguous, i.e., not merely cornering; -they must adjoin with common boundaries or overlap. Limiting the number -of claims to be embraced in a single survey is arbitrary, but set at -approximately 50 in order to facilitate processing. Two groups of claims -may be embraced in a single survey if they both adjoin a group -previously surveyed for patent and are owned in common. - -Occasions have arisen where the group of claims lies in two states. -Applications for survey should be made in each state for the claims or -portions thereof which lie in that state. A survey number will be -assigned in each state for the portion lying within each state, but the -survey will be assigned for processing to the State where the majority -of the claims lie. (See Surs. Nos. 10631 Montana, 3168 Idaho.) - -=4–5= Records Search: Prior to applying for the mineral survey, the -claimant or his agent should make a search of the county records to -determine if the claims are in conflict with other mining claim -locations. If so, copies of the location certificates should be obtained -for the mineral surveyor. If the claims are prior valid locations and -the claimant wishes to exclude them from his patent application, the -mineral surveyor will be required to show the conflict as it exists on -the ground. - -If it is not the desire to exclude such claims, no mention of them will -be made in the field notes of the mineral survey, but the mineral -surveyor will be aware of them when he goes on the ground. - -The claimant should also make a search of the Bureau of Land Management -records, particularly the Master Title Plats (M.T. Plats) to determine -conflict with prior patents and withdrawals. Connecting sheets, if -available, which show in outline all approved mineral surveys, should -also be examined for conflicts with prior mineral surveys. The BLM -record of unsurveyed locations should also be searched. - -The claimant should make certain that his discovery point is on vacant -public domain, which includes minerals reserved to the United States -where the patent is for the surface only. - -If two or more claims are involved, each must have its own discovery and -both discoveries may not be in an area of conflict between two claims. - -The length and width of each lode claim must be checked to make certain -that statutory length of 1500 feet has not been exceeded and that the -right angle distance of no more than 300 feet exists on each side of the -presumed course of the vein (lode line). - -The acreage of all claims and the length of placers must be checked for -excess. If excesses appear to exist the mineral surveyor should be -advised of them and directed to survey the claim within the boundaries -given so as to eliminate such excess. - -While metes and bounds descriptions of lode claims are not mandatory, -the description must be such that the locus of the claim can be -determined. While a tie to a section is preferable, a tie to another -mineral survey, mineral location monument, or triangulation station of -the National Geodetic Survey or U.S. Geological Survey is acceptable -provided they can be identified with the public land survey. Ties to -bench marks are not acceptable. - -Irregular claims, such as placer claims or mill sites, must have a metes -and bounds description closing within 0.50 feet in 1,000 feet. The -acreage of lode claims cannot exceed 20.661 acres. Placers may not -exceed 20 acres to each claimant, exclusive of conflict, and mill sites -may not exceed 5 acres, exclusive of conflict. - -One of the location certificate copies must be certified by the -custodian of the local records, usually the County Clerk and Recorder. - -If any of the above items are not in order, it will be necessary to -require the claimant to file an amended location certificate that will -properly describe the claim. If the error in the certificate is small, -or there is an obvious clerical error, such as calling for a bearing of -N.——W. when it should be N.——E. it will suffice to state in the final -field notes that the location certificate is in error. - -To aid in determining the locus and relative position of several claims, -the claimant may be called upon to furnish a diagram. If the certificate -is marginal in detail, it is proper to suggest to the mineral surveyor -that an amended location certificate be filed and an amended order for -survey obtained before completing his survey. It is also proper to set a -time limit for the completion of the survey and filing returns. - -After receipt of the survey order, the Mineral Surveyor should obtain -copies of necessary survey records, including MT Plat, the notes of -township surveys, conflicting mineral surveys, including the reports as -to the condition of corners and survey discrepancies contained under -other corner descriptions and supplemental data, Homestead Entry Surveys -and Exchange Surveys on Forest Service lands, Small Claims, Homesites, -Trade and Manufacturing Sites, Rights-of-Way and Townsites. He should -also consult the State and County records for restored section corners -and subdivision of sections. A visit with the County Surveyor will often -prove profitable. - -=4–6= Order for Survey: The order for survey is issued by the State -Director of the Bureau of Land Management or he may delegate this action -to the Chief, Branch of Cadastral Surveys. - -The order for survey is issued on current Form 3860–6, (see appendix) or -may be in letter form. The information given is essentially the same as -contained in the application for survey. The names of the locations must -be exactly as given in the location certificates. - -The next consecutive survey number is assigned; a number from a -cancelled survey or survey order should not be used. Lodes and placers -may be included in the same survey. If a mill site is included, it is -designated by adding the letter “B” to the survey number; the other -claims being designated “A.” - -A copy of the location certificates should be furnished to the mineral -surveyor, and a copy of the order to the claimant; also to the Regional -Forester if the claims are within a National Forest, or the National -Park Service if within a National Park or Monument. - -=4–7= Amended (or Supplemental) Order for Survey: An amended order is -based on an amended application from the claimant. It is usually -occasioned by the filing of amended location certificates. The amended -application is processed exactly the same as the original application. - -An amended order is also called for if there is an addition or deletion -of claims from the survey. - -A change in mineral surveyor will call for an amended order, but the -order to the original mineral surveyor must be cancelled. - -[Illustration: - - BUREAU OF LAND MANAGEMENT SECTION CORNER -] - -[Illustration: - - NATIONAL GEODETIC SURVEY TRIANGULATION STATION -] - -If the claimant sells the claims, an amended order will be required to -show the new claimant. - -An amended order may be used to authorize the survey of additional -expenditures if the survey was approved without $500 of expenditures -being made. (See Sec. 5–21) - -=4–8= Cancellation of the Survey Order: The most common reason for -cancelling a survey order is failure of the mineral surveyor to complete -the survey and file his returns. Under these circumstances, both the -claimant and the mineral surveyor should be advised 30 days in advance -of the action and be requested to show why the order should not be -cancelled. If any reasonable explanation is given, the time should be -extended. Lacking reasonable explanation the order will be cancelled, -notifying both the claimant and the mineral surveyor, and any excess -deposit is returned to the claimant. - -Other reasons for cancelling a survey are a request to do so by the -claimant, or if the claim has been declared null and void due to a -contest brought by the United States. - -The mineral survey number of a cancelled survey will not be used again, -unless reopened as an amended survey and would then be shown with an -“Am.” following the mineral survey number. - - - - - CHAPTER V - The Patent Survey - - -Field Work - -=5–1= Preliminary: The first step in the field work should be an -examination of the property with the claimant or his representative, -unless such an examination was made prior to contracting for the survey. -A sufficient number of claim corners should be visited to determine the -material used, their condition, manner of marking, etc. In the course of -such an examination, the claimant should point out known section -corners, location monuments and triangulation stations, both of the U.S. -Geological Survey and the National Geodetic Survey. The claimant may -also be able to identify corners of adjoining and conflicting surveys -and locations. If the property is extensive, the claimant may have -established his own triangulation network and coordinate system, and if -so, it should be incorporated into the survey, although not necessarily -made a part of the official record. - -All the discovery workings should be visited, the discovery points and -discovery monuments pointed out. Other workings should be visited and -the safety of old underground workings discussed. Maps of underground -workings may be available. Workings constructed by third parties should -also be identified. - -Relations with landowners and other claimants in the area may be -established with the help of the claimant. In addition to gaining access -to the property and to their property for the purpose of executing the -survey, they may have helpful information as to the location of section -corners and the origin of fences. - -If access is refused, it may be necessary to obtain help from the U.S. -Marshall, but if properly handled in advance of the field work, the -necessary permission will usually be granted. The fact may be stressed -that you are a government official and that your work will be impartial. -Emphasize that as a qualified surveyor, you are bound to protect all -valid interests, property rights, and evidence. - -Copies of the claimant’s maps of the property showing the claim -boundaries, discovery and other workings and access roads should be -obtained from the claimant. The claimant may also have aerial photos -which will be helpful in planning the survey. - -Descriptions of all triangulation stations should be obtained. The plat -and field note record of all prior mineral surveys in conflict or -adjoining, as well as a copy of the connected sheet should be ordered, -if not previously furnished with the survey order. The county records -pertaining to surveys and particularly the restoration of section -corners should be searched. The county surveyor may be helpful. - -If the field examination reveals that there are insufficient location -corners on the ground to identify the claims, an amended location survey -with the resulting amended location certificates and request for an -amended order for survey will be necessary. - -=5–2= Survey Methods: The preliminary field examination will suggest the -best method of survey. This will be dictated largely by the nature of -the terrain and the amount of timber and brush. Modern methods employing -theodolites and electronic distance measuring equipment should be used. -Regardless of the method used, the work must be sufficiently checked to -assure that errors will be avoided. Most errors occur when adjusting -corners to their final position. - -[Illustration] - -[Illustration: - - EXECUTING A MINERAL PATENT SURVEY - - (Transit and Tape Method) -] - -=5–3= Executing the Survey: The survey is usually initiated by retracing -the boundaries of the location, or tying-in the corners, along with the -discovery monuments and discovery points. Readily identified corners of -conflicting surveys and section corners should also be tied in. The -relative positions of the corners and discovery points are then -determined by calculated bearings and distances. If the boundaries are -within the statutory length and width (1500 x 600 ft.), the end lines -are parallel and the sidelines are within 300 feet on either side of the -discovery point, the survey may proceed. - -If only small corner moves of a foot or so will make the claim conform, -an amendment is hardly necessary; otherwise, the corners should be moved -and amended location certificates filed. - -A single claim may be surveyed within the location boundaries, without -amendment, as long as the above conditions are met. - -New discoveries may be necessary, but if intervening rights are -suspected, it is better to hold to the original discovery points and -stake fractional claims as required. - -If the deposit is a blanket vein or massive deposit, the discovery may -be anywhere within the claim, except in Wyoming where State law requires -that the side lines be equidistant from the discovery. - -If no public land survey corners or location monuments (or other -horizontal control stations) can be found within two miles of the survey -it will be necessary to establish a location monument. The requirements -are given in Sections 10–32, 33 and 34 of the Manual of Surveying -Instructions. There was a period when these monuments were called -“Mineral Monuments” and were designated “U.S.M.M.” - -Conflicts with prior mineral surveys must be determined. It is necessary -to search for each corner controlling a line in conflict. One corner is -insufficient if others can be found. If the necessary corners cannot be -found the boundaries shall be reestablished (not remonumented since the -property belongs to another party) in accordance with the methods set -forth in Chapter VI. - -Conflicts with unsurveyed locations are not to be shown unless it is the -wish of the claimant to exclude them from his patent. If they are prior -locations, it may be well to do this in order to avoid an adverse suit. -Conflicts with unsurveyed locations owned by the claimant and not a part -of the survey need not be shown and excluded unless the area of conflict -contains the discovery of the unsurveyed location. In cases where two -claims of the survey are in conflict, the discovery of each claim may -not be within the area of conflict. If so, an amended location is -necessary to show a new discovery for one of the claims, outside the -area of conflict. - -If fee lands with mineral rights are in conflict, a subdivision of the -section(s) may be necessary. This will depend on the wishes of the -claimant and the Bureau of Land Management. An extensive resurvey that -would place a hardship on the claimant should not be required. If a -subdivision can readily be accomplished, it should be done. - -It is not necessary to fix the boundaries of stock-raising homesteads -since the minerals are reserved to the United States and belong to the -mining claim in areas of conflict. - -Special surveys such as townsites, Homestead Entry Surveys, U.S. Surveys -and Coal Surveys in Alaska are treated as are prior mineral surveys. -Rights-of-way should not be shown as the minerals are reserved, and when -the right-of-way is abandoned, the surface reverts to the mining claim. -In Alaska, native graves must be tied-in. Cemeteries should be shown. - -Figure 5 shows Sur. Nos. 1234 A lode and 1235 B lode in conflict with -the XYZ lode that is being surveyed for patent. Cors. Nos. 1 and 4 of -Sur. No. 1234 A lode control the line of conflict with that claim. If -they can be found, no further search is necessary; if they cannot, the -search must be continued for Cors. Nos. 2 and 3. In the case of Sur. No. -1235, all four corners are required to be found in order to properly -show the conflict. - -Figure 6 shows the ABC and XYZ lodes, both of which are being surveyed -for patent under the same survey order. The discovery shafts of both -claims are in the area of conflict. In order to validate the claims, a -new discovery must be shown for one of them, outside the conflict. It -need not be the later claim as the owner has the right to decide which -claim shall exclude the conflict. - -If amended location certificates are filed for record, it will be -necessary to make an amended application for survey to the Bureau of -Land Management based on the amended certificates, and receive an -amended order for survey. It will not be necessary to suspend field work -pending such amendment, but it is advisable to refrain from marking the -corners and accessories with the survey number until the amended order -is received. - -[Illustration] - -[Illustration: - - MINERAL PATENT SURVEY CORNERS - - Top: a copper coated steel pin with brass cap. The location monument - is set alongside. - - Bottom: a stone corner chiseled with the corner number, the initial of - the claim and the survey number. -] - -[Illustration: - - FIG. 5 -] - -[Illustration: - - FIG. 6 -] - -=5–4= Monumenting the Survey: Section 10–35 of the Manual of Surveying -Instructions, 1973 lists corner monuments in their order of preference. - -Accessories to the corner generally consist of bearing trees or bearing -rocks. If trees are available, two different species at approximately -right angles from each other to the corner should, if possible, be -selected and marked differently so that each can be readily identified. -For example: one might be a Douglas Fir, 10 inches diameter, bears N. -10° E., 20.65 feet dist., blazed and scribed 1 W—2826 X BT; the other a -Ponderosa Pine, 7 inches diameter, bears S. 70° E., 12.52 feet dist., -blazed and marked X BT. In each case the measurement should be taken to -the X which is in contrast to the bearing trees to section corners, the -measurement being taken to the center of the trees. If the measurement -is to the center of the tree, an X should not be included in the -markings. - -The difference between a pine, spruce and fir can be identified by the -needles, the pine having needles in bundles, the spruce having needles -square in cross section, and the fir having flat needles. - -Bearing rocks should be marked X B O or X B R with the measurement taken -to the X; the rock or outcrop being of sufficient size to be readily -identifiable. - -Ties along claim boundaries to items of planimetry and drainage -surrounding the corner may be taken at this time. Ties to section -corners, location monuments and triangulation stations may also be made -at this time if they are close to a corner. - -There is no objection to monumenting corners that fall on patented land. -If they fall in a cultivated field they should be buried at least one -foot in the ground. If the landowner objects, a witness corner may be -set. Witness corners should also be set if the corner falls at an -inaccessible point (see Section 4–17 of the Manual of Surveying -Instructions). If the corner falls in a road, it is advisable to bury -the corner at the true point and set reference monuments at equal -distances on either side of the road (see Section 4–16 of the Manual of -Surveying Instructions). - -Location posts, such as a 4×4 post in good condition, may be set -alongside the patent survey corners as a guard post and to aid in -calling attention to it. - -In selecting corner numbers, there is no rule other than Cor. No. 1 -should be the corner from which the tie is given to the section corner -or location monument. When surveying a block of claims common corners -should be given the same number thereby reducing the number of section -corner ties required from Cor. No. 1. This facilitates field note -writing as well as platting. - -=5–5= Improvements: All improvements made by the claimant or his -grantors are to be tied to a corner of the survey, measured, and a value -placed thereon if they are such as to count toward the $500 patent -expenditure. If they are to count as patent expenditure, they must be in -the nature of actual mining improvements, such as cuts, tunnels, shafts, -drill holes, etc.; in other words, an improvement that tends to develop -or explore the mineral deposit. - -Improvements such as cabins, ore bins, roads, bridges, etc., do not -develop the claim, but should be tied in, measured and included under -“OTHER IMPROVEMENTS” in the field notes, without a value. - -Work done by third parties must also be tied-in and listed under “OTHER -IMPROVEMENTS.” If the claimant to such work is unknown, that fact should -be stated. Again, no value is to be placed on these improvements. - -The value to be placed on small improvements can readily be ascertained -by multiplying the local wage or cost of equipment and operator by the -length of time required to do the work. Drill holes may be valued at the -cost of drilling, plus the cost of surveying, geologic evaluation and -assaying. Larger improvements may not be as easy to estimate, and it may -be necessary to go to the claimant’s cost records in order to place a -reasonable value on them. - -Common improvements require special consideration. See Sections 10–55, -10–56, and 10–57 of the Manual of Surveying Instructions. A common -improvement is one that tends to benefit several claims of a common -group. It must have been constructed in its entirety subsequent to the -location of each claim of the group, or at least $500 must have been -spent on the improvement subsequent to the location of each claim of the -common group. All claims within range of benefit must be included, even -though they were previously surveyed, or if they are locations which are -not included in the survey. The field notes must recite all the claims -involved, whether previously surveyed or unsurveyed. - -[Illustration] - -[Illustration: - - OPEN PIT MINES -] - -[Illustration: - - AN ACCESS ROAD IN RUGGED AREA. SUCH ROADS DO NOT AS A RULE COUNT - TOWARD PATENT EXPENDITURE. -] - -[Illustration: - - AN ADIT (TUNNEL) LEADING TO EXTENSIVE UNDERGROUND WORKINGS -] - -Improvements need not be surveyed with the same accuracy as the claim -boundaries. Stadia measurements are acceptable, although they should be -made with a Philadelphia Rod and distances kept under 500 feet. Small -workings may be measured with a Brunton Compass and steel tape, but some -point of the working, such as the mouth of a tunnel or cut, must be tied -to a corner of the survey using a transit. - -Surveys of extensive underground workings may be taken from the -claimant’s records if such surveys were executed under the supervision -of a mining engineer. - -Extreme care should be exercised in entering old workings. In addition -to unsafe timbering, they may be poorly ventilated resulting in bad air -that could be fatal. Rather than risk an accident, the extent of such -workings can be estimated from the size of the dump. - -Ties to discovery workings require special mention in view of the -directive from the Assistant Director of Technical Services, Washington, -D.C., dated March 15, 1978. - -Normally the discovery working is on the lode or intersects it and a tie -is given along the lode line to the point of discovery, such as the face -of the discovery cut, the mouth of the discovery tunnel, the center of -the discovery shaft, etc. - -However, in the case of blanket veins that are essentially horizontal a -presumed lode line or center line need not be shown, and the discovery -working may be anywhere on the claim. In such cases, the tie may be -given from the nearest corner of the survey and included in the -description of that corner, or a right angle tie may be given from a -point on the nearest end line. - -Where a discovery has been made by a hole drilled on an angle, a bearing -and distance will be given from the collar of the drill hole to the -point where it intersects the orebody, the collar of the hole will in -turn be tied to the section corner or location monument. The description -of the hole will necessarily include the verticle angle and the slope -distance. This does not apply to Wyoming where State law requires that -the discovery be on the center line. - -=5–6= Placer Claims: Placer claims that do not conform to the legal -subdivisions of the public land survey will require a patent survey. -When such claims are on unsurveyed land they should be conformed as -nearly as possible to the protracted survey. - -If the claims consist of a gulch placer they must be contained within -the required number of 40 acre tracts according to the number of -locators. - -Metes and bounds placers are also permissible where conflicts with other -mining claims would result if a description by legal subdivisions was -used. In such cases, the placer claim must be surveyed around existing -claims, so that no conflict exists. - -The field notes of a placer claim must also contain a descriptive report -as called for in the Code of Federal Regulations, 3863.1–3(c). The -information required in the descriptive report was omitted from the 1973 -Manual of Surveying Instructions but was contained in the 1947 manual as -follows: - - “The mineral surveyor is required to make a full examination - of all placer claims at the time of survey ... and to file - with his field notes a descriptive report ... duly - corroborated by one or more disinterested persons and - covering the following items: - - (a) The quality and composition of the soil, the kind and - amount of timber and other vegetation; - - (b) The location and size of streams, and such other matter - as may appear upon the surface of the claims; - - (c) The character, extent, and position of all surface and - underground workings for mining purposes; - - (d) The proximity of centers of trade or residence; - - (e) The proximity of well-known systems of lode deposits or - of individual lodes; - - (f) The use or adaptability of the claim for placer mining, - including the availability of water in sufficient quantity - for practical operations; - - (g) Works or expenditures made by the claimant or his - grantors for the development of the claim; and, - - (h) The true position of all known mines, salt licks and - salt springs, and mill sites. When none is known to exist on - the claim, the fact will be so stated.” - -[Illustration: - - A URANIUM MILL -] - -[Illustration: - - A URANIUM TAILINGS OR EVAPORATION POND -] - -=5–7= Mill Sites: Modern day mining and milling require sizable areas -for waste storage, tailings and evaporation ponds. Camp sites, including -schools, may be required for personnel employed at the mine or mill. -Such areas are properly taken as mill sites and a large number may be -required. They may be taken by legal subdivisions but often are -surveyed, either with lode or placer claims or separately. If they are -included in a survey with lodes or placers the survey number includes -the letter “B”, while the other claims are designated “A”. - -A mill site is not a valid location until it is put in use; therefore, -all improvements and projected improvements should be shown. If the -ground is to be used for a tailings or evaporation pond, the dam should -be shown with its ultimate height and the high water line of the pond -delineated by the survey. - -It is also important to demonstrate the non-mineral character of the -land. In the case of adjoining blanket deposits such as uranium, a few -scattered drill holes will show the absence of a mineral deposit. - - -Office Work - -=5–8= Calculation: The first step will be to reduce coordinate positions -to direct ties, starting with the section corner ties, followed by short -ties between claims of the survey should these claims actually overlap. -In selecting the corners to tie, the tie between corners should be given -that will facilitate the calculation of intersections and areas by -solving triangles. - -As illustrated by Figure 6, claims ABC and XYZ are in the same survey. A -tie should be given from Cor. No. 1 of claim ABC to Cor. No. 2 of claim -XYZ; not between Corners 1 and 3. After these ties have been calculated, -they should be checked by calculating closures using the various short -ties and section corner ties. - -In selecting corners of conflicting surveys to give tie to, the corner -within the survey as illustrated in Figure 5 should be selected. The tie -to Sur. No. 1235 B lode should be to Cor. No. 1 from Cor. No. 1 of the -XYZ lode, or to Cor. No. 2 from Cor. No. 4. - -Lines of prior mineral surveys between recovered corners should be -reported as correct or substantially correct as approved. If found in -error the correct bearing and distance should be given. - -In Figure 5, if Cors. Nos. 1, 2 and 4 of Sur. No. 1235 B lode were -recovered, lines 1–2 and 4–1 should be reported. Lines 2–3 and 3–4 -cannot be reported since Cor. No. 3 was not found. If the tie from Cor. -No. 1 is to the same section corner as used in the survey of claim XYZ, -then the correctness of the tie should be reported. If Cor. No. 1 was -not recovered, the section corner tie cannot be reported. - -The position of missing corners should be fixed in accordance with -Chapter VI. The remaining lines can then be reported as fixed by the -selected method of restoration. - -Intersections and areas of conflict should then be calculated by solving -triangles. Areas may be calculated using double meridian distances, but -intersections should never be calculated by forcing a closure. -Intersections may be checked by closure. - -A special situation exists where a former survey excluded an unsurveyed -location from the patent and the unsurveyed location has subsequently -been abandoned. This area is designated as a tract and its boundaries -are determined from the prior survey. See Tract A of the Jim Dandy Lode -described in the specimen field notes and plat of the Manual of -Surveying Instructions. - -Another use of a tract is for the purpose of excluding a small area -surrounding the discovery of another location not embraced in the -survey. - -Intersections and areas of conflict with patented lands containing -mineral rights must also be calculated. - -Supporting calculation sheets need not be furnished the Bureau of Land -Management but computer tapes, if available, will be helpful. The BLM -can perform the necessary checks by computer. - -=5–9= Preliminary Plat: The mineral surveyor will find it advantageous -to prepare preliminary plats prior to writing the field notes. One plat -should provide the base and give all the details of the survey with -items of topography and culture secondary. This plat may be prepared in -pencil or ink at the option of the mineral surveyor. It should be such -that legible blue lines copies can be furnished to the Bureau of Land -Management along with the notes, and to the claimant. It should clearly -state that it is a PRELIMINARY PLAT SUBJECT TO CORRECTION. Some offices -of the Bureau of Land Management may request a reproducible copy. - -Plats on linen are no longer required. A secondary plat showing the -topography and culture in detail will be an aid in writing field notes, -but is not required by the BLM. - -If drill holes are part of the improvements and are too numerous to show -on the base plat, a separate plat is advisable. - -=5–10= Field Notes: A detailed set of specimen field notes is contained -in the Manual of Surveying Instructions which should be followed for -form and content. There are, however, some inconsistencies: The title -page shown in the manual should not be used. Use current Form 3400–11, -as supplied by the Bureau of Land Management. - -The locations should be listed in the same order that they are described -in the field notes, thereby serving as an index. - -The field notes begin with a description of instruments and the mean -results of the solar or other azimuthal observations. The latitude and -longitude of the observing station is given. If this is not at a corner -of the survey, the latitude and longitude of the first corner described -should be given, thus: - - At Cor. No. 1 of the Jim Dandy lode, identical with Cor. No. - 1 of the Prince Lode of this survey, in latitude 38°45′ N, - and longitude 106°20′ W. - -A description of the measuring devices follows the observation for -azimuth. If an electronic distance measuring device is used, the name -and serial number should be given. It should also be stated that it was -tested by measuring a known distance before and after the survey, and -found correct. - -Corner markings as shown are acceptable for stone monuments or wood -posts. When a monument with a cap is used, the following marks would be -more suitable: - -[Illustration] - -The X has been omitted from the inscription on bearing trees which is -incorrect, unless the measurement was taken to the center of the tree. -It should be included, thus: JD–1–20220A XBT or JD–1–PRI–1–20220A XBT if -the full complement of marks are shown. - -When giving intersections only the distance to the line being -intersected is given for claims of the survey as the distance to the -corner on the line being intersected will be given later in the notes -when that claim is described. - -When the intersection is with a prior mineral survey or unsurveyed -location, the distance should be given to a corner within the claim, or -the same corner each time the line is intersected. See the intersection -of lines 2–3 and 3–4 of the Protector lode with Sur. No. 20100 Silver -lode. - -Note that intersections are given to the nearest hundredth of a foot, -while distances to items of topography and culture are to the nearest -foot. Distances given in ties including bearing objects should be to the -hundredth of a foot. - -The area statement should show all conflicts and be so arranged that any -exclusion may be made and the net area to be patented readily -obtainable. This can best be done by starting with the oldest survey and -progressing through the various conflicts, but this may not hold true if -a prior survey has not been patented. A copy of the preliminary plat may -be used to color the exclusions and make certain that all have been -properly stated. - -Under the heading “LOCATION” it is important to state that the survey is -identical with the location as marked on the ground or to state the -differences. When describing corners, ties should be given to location -monuments when they are not identical. See the Prince Lode in the -specimen notes. - -Only those improvements counting toward the $500 expenditure are to be -given under the heading “IMPROVEMENTS.” In such case, the discovery -working should be numbered one. If there is no discovery working, but a -discovery point is called for, it may be described and labeled No. 1. -Any improvements that do not count toward the patent expenditure or -those that have been made by others should be listed under “OTHER -IMPROVEMENTS.” - -“OTHER CORNER DESCRIPTIONS AND SUPPLEMENTAL DATA” is a very important -part of the notes since it contains the report on prior surveys. Do not -report another mineral surveyor in error for minor discrepancies in -bearings and distances. The phrase, “substantially correct as approved” -may be used, or “approximately correct as approved.” - -Under “MEMORANDUM” differences with the calls given in the location -certificate may be explained, as well as typographical errors in the -certificate. - -Because of corrections that may be required by the Bureau of Land -Management it is well to prepare a preliminary draft of the notes for -submitting to the BLM. The final typing, in triplicate, can be -accomplished after all differences have been resolved. - -=5–11= The field notes and preliminary plat should be sent to the State -Office of the Bureau of Land Management by either certified or -registered mail with a return receipt requested. A copy of the -preliminary plat may also be sent to the claimant with a copy of the -letter of transmittal to the BLM. - -As a rule, the returns of mineral survey should remain confidential -until the survey is approved. The mineral surveyor should maintain this -confidence. If a demand is made of the Bureau of Land Management under -the Freedom of Information Act, then the preliminary nature of the work -should be clearly stated to the recipient. - - -Processing the Survey - -=5–12= Preliminary Examination of Field Notes: The examination of the -survey may begin by reading the notes and comparing them with the -preliminary plat. As a general rule the mineral surveyor will write the -notes from the plat. If inconsistencies appear, they will usually be -typographical errors in the notes. However, this must be verified by the -mineral surveyor. - -Particular attention should be given to the format as shown by the -specimen notes of the Manual of Surveying Instructions, 1973. - -Corner descriptions must be proper and adequate. Ties should agree with -the preliminary plat. Discovery points must be on public domain. - -By posting the mineral survey to the connecting sheet or similar plat -with a pencil, conflicts and other surveys within 100 feet may be -determined. - -The names of the locations must agree with those given in the location -certificates. End lines must be parallel and the statutory length and -width cannot be exceeded. Improvements should be fairly valued; the -discovery point should agree with that given in the location -certificate; common improvements should be correctly described and all -claims benefiting therefrom should share equally. The geographic -position of one corner of the survey must be given. Under “LOCATION” the -correct section, township and range should be given. - -It should be stated that the survey is identical with the location as -marked on the ground. If not identical, it should be so stated, and ties -to location monuments must be given. - -The section corner tie may not exceed two miles from the nearest corner -of the survey. Intersections with the lode lines and distances along the -lode line to the discovery point must be given. (Exception: bedded -deposits.) The bearing of the lode line, if different from the side -lines, must be shown on the plat. - -Reports on former surveys should be checked against the notes of these -surveys. The bearings and distances of lines of former surveys that are -wholly within the survey or a claim of the survey must be given. - -The area statement should be reviewed to make certain that conflicts are -given in chronological order and that any exclusion or combination of -exclusions can be ascertained. - -The magnetic declination must be given. The beginning and completion -dates of the survey must be given. The survey cannot begin prior to the -date of order. - -=5–13= Calculations: Calculations may begin by computing the solar -observation; the declination should be verified, also the latitude and -longitude. The survey should close. Lode claims should have a perfect -closure; irregular claims such as placers should close within 0.5 feet -in 1,000 feet. The statutory length and width of lode claims may not be -exceeded. The width at right angles to the lode cannot exceed 300 feet -on either side. The section corner ties within the survey may be checked -by closure, using short ties between claims of the survey; each section -tie and short tie should be used in at least one closure. The closures -should not exceed 0.5 feet in 1,000 feet. (It may be necessary to report -the longer section ties to an even number of seconds such as 15″.) - -The section corner ties should be checked against those given in -conflicting surveys using the short ties given to these claims along -with the reported boundaries. Such closures, depending on the length of -the ties, should not exceed 10 feet. If they do exceed this distance, -the correct tie should be given under “OTHER CORNER DESCRIPTIONS AND -SUPPLEMENTAL DATA” provided that the corner from which the tie was made -was recovered. If the corner was not found, the error cannot be -reported. The same applies to short ties between conflicting surveys, -but the allowable error should be within the 1:2000 limit. If more than -one section corner is tied, the bearing and distance along the section -line should be checked, reporting any appreciable difference under -“OTHER CORNER DESCRIPTIONS AND SUPPLEMENTAL DATA.” - -The bearings and distances of intersections with lines of prior surveys -should be correctly stated. This may be verified by closure, but if a -closure of 1:2000 is not obtained, it will be necessary to calculate the -intersections by solving triangles, to determine where the error lies. -Such intersections should check with 0.2 feet. - -From the intersections obtained, the areas of conflict should next be -calculated. If the final plat is drawn at a scale of 1″ = 200′, -conflicts with a conflict, i.e. double conflicts, may be checked by -dividing the area of conflict into triangles and scaling the base and -altitude. The mineral surveyor, however, must actually calculate these -areas. All areas should check within 0.02 acres. - -=5–14= Platting Procedures: The lines of the survey are shown heavier -than those of former surveys so that the locations of the survey will -stand out. - -All corners recovered or set are shown with a circle to distinguish them -from corners not found. - -The lode line is shown as a broken line and if parallel to the side -lines, only the distance each way from the discovery point is shown; if -not parallel, then the bearing must also be shown. The bearings and -total distances of the lines of the survey are shown heavier than those -of conflicting surveys and intersections along such lines. - -The names of the locations of the survey shall be shown in vertical -capital letters and be larger and heavier than those of conflicting -surveys, which shall be shown in upper and lower case. - -Distances to intersections along the line of survey should be shown -before the intersection. Intersections with lines of prior surveys are -given preference over topographic items. Where space will not permit the -showing of a distance, it may be placed above a prior distance, with the -first distance shown next to the line. - -Bearings of conflicting surveys are usually shown in the direction of -the line between corners as surveyed; i.e., from corner 1 to corner 2, -etc. Bearings and distances in all cases should be shown along the line -they pertain to. Bearings of ties should be shown in the direction from -the corner from which the tie was made. Ties will be shown with light -broken lines. If there is not room to place the bearing and distance -next to the line, it may be placed on an arrow. - -All bearings and distances shall be in slant lettering. Witness corners -are shown with a circle and labeled W.C. Cor. No.——, provided they are -on a line of the survey. If not on line they are shown with a tie. - -Surveyed section lines and surveyed subdivision of section lines are -shown by solid lines; unsurveyed lines are shown with a broken line. - -Designation of subdivisions, Township and Range should be vertical -letters. The discovery workings and all other improvements are labeled; -they may be numbered to agree with the field notes. It is not necessary -to give a tie to the improvements, except a common improvement tunnel, -shaft, etc. - -The title block shown on the specimen plat in the Manual of Surveying -Instructions should be closely followed. While the plat scale is usually -200 feet to an inch, it may be smaller to accommodate several claims, -provided the necessary data can be shown. Where more than one sheet is -necessary, only the final sheet need have a title block. All sheets -should carry the survey number and state that it is sheet No. —— of —— -sheets. - -When the plat is finished it should be compared with the field notes. -This can be done by two people, one reading the notes and the other -following the plat; or two people can independently do the comparing. If -rough draft notes were submitted by the mineral surveyor, they should be -returned to him with the corrections for final typing, and execution of -the “Certificate of Surveyor,” current Form 3860–7. - -The final typing will consist of the original set on current Form -9180–21, which is bound on the left, with two carbon copies on current -Form 9180–22, which is bound at the top; this may vary with state office -practice. (Xerox or similar copies are not acceptable.) - -=5–15= Approval of Survey: The lower portion of current Form 3860–7, -“Certificate of Surveyor,” contains the certificate of approval to be -signed by an officer of the Bureau of Land Management. This may be the -State Director or he may delegate this authority to the Chief, Division -or Branch of Cadastral Surveys, for that state. He should also sign the -certificate of transcript for the two carbon copies. - -Current Form 3860–8, certifying $500 expenditure, must also be executed -by the above authorized officer and attached to the copy of the field -notes that will be filed with the application for patent. If $500 has -not been expended, it is the claimant’s responsibility to complete the -work and have the certificate executed and filed with the BLM Branch of -Land and Minerals (land office) prior to the expiration of the period of -publication. - -If the survey has been properly executed and shows the facts, the State -Director cannot refuse to approve the survey because he feels that the -claim is invalid. (See 57 I.D. 63, Raymond E. Johnson, 1939.) - -The original field notes and plat are then placed in the open files of -the Bureau of Land Management. The location certificates are to be -included with the notes. The two transcripts of the field notes together -with two cloth backed copies, one of which has been waterproofed for -posting, and a plain paper copy of the plat, will then be furnished the -claimant. An additional copy for posting will be furnished if a mill -site is included in the survey. - -One set of the notes and one copy of the plat will be used to support -the application for patent. Current Form 3860–4, is used to notify the -State Branch of Land and Minerals and the Director, Bureau of Land -Management, of the approval of the survey and includes a sketch of the -survey. This form is also used to notify the Regional Forester if the -survey is on a National Forest. - -The mineral surveyor should be notified by letter of the approval of the -survey and he should be furnished a paper copy of the plat and requested -to examine it at his early convenience. (See appendix for copies of -forms.) - - -Departures from the Normal Procedure - -=5–16= Cancellation of Surveys: A patented mineral survey may never be -cancelled. An unpatented mineral survey may be cancelled only after the -claim has been declared null and void or relinquished by the claimant; -then it need not be cancelled until it is necessary to do so to -accommodate an entry or administrative action. It can be cancelled only -by the officer of the Bureau of Land Management authorized to approve -mineral surveys. - -In the past, claims could be declared null and void only after a -successful contest had been brought against the claim. After October 21, -1979, claims must be recorded with the Bureau of Land Management within -90 days of the location date or they will automatically be deemed to -have been abandoned and void. - -The procedure is as follows: When the Chief, Branch of Cadastral Surveys -of the State Office is notified that a claim has been declared null and -void, a notation to that effect should be made on the plat of survey (or -if the plat is in the archives, it may be made on the card index). No -further action is necessary at this time; the survey is not cancelled. - -Cancellation becomes necessary if an entry or administrative action, -including a survey or resurvey, involves the land embraced in the -mineral survey. Current Form 3860–4, Approval of Mineral Survey, may be -used to cancel the survey and to notify the Director of the Bureau of -Land Management and any other interested parties substituting the word -“cancelled” or “cancellation” for approval or it may be by memorandum. - -Should a supplemental plat be required to lot the area embraced in the -survey, a certified set of the field notes of the survey and the mineral -survey plat should accompany the plat to Washington, as they do not have -the field notes of unpatented mineral surveys. The field notes of the -cancelled survey becomes the basis for the new lot designation. The -Director’s memoranda of July 14, 1958 and November 17, 1960, cover the -subject. - -=5–17= Unapproved Survey: Occasionally an order for survey will be -cancelled and it is not known how far the mineral surveyor has proceeded -with the field work and what corners have been set and marked. In no -case should the corners be removed as they still serve as corners of the -location which may be perfectly valid. The survey number should not be -re-used inasmuch as it will serve to identify the corners on the ground. - -=5–18= Additional Notes and Certificate on Plat: In the past, additional -notes were sometimes prepared from the existing record along with -amendment to the plat in red ink and accompanying certificate when there -was an omission of a conflict with an agricultural or other patent, a -pending entry or an adverse claim. - -For example: A survey was approved without showing the conflict with a -legal subdivision that had been included in a preemption homestead. The -subdivision was protracted on the mineral survey plat from the township -survey, based on the section corner tie given in the mineral survey, -intersections given with the boundaries of the subdivision, and an area -of conflict calculated. All plats were recalled for the amendment. The -additional notes were written, in triplicate, by the cadastral surveyor, -to show only the lines of the mineral survey involved in the conflict, -giving the intersections. The area statement was rewritten to the extent -necessary to show the area of conflict. - -The same procedure was followed if an adverse claim was to be excluded -on the basis of the description in its location certificate. Red ink was -used on the plats to distinguish the amendment, but black ink was used -if the certificate specifically stated the extent of the amendment. - -Most offices now resolve the above situations solely through a -memorandum process. - -=5–19= Amended Surveys and Amended Plats: This is occasioned by an error -in the original survey that is not discovered until after the survey is -approved, or for the same reasons listed in 5–18 above, where the -amendment cannot be made from the existing record and additional field -work is required. The claimant may also request an amended survey. The -claimant bears the cost. Example: In Survey No. 19202A-Am. Colorado, the -wrong claim was included in the survey. The correct claim was included -in the amended survey which covered the same ground. - -=5–20= A new survey is required if the claim boundaries are changed by -amendment after the original survey is approved. Section 10–62, page 226 -of the Manual of Surveying Instructions states: “An amended survey must -be made in strict conformity with, or be embraced within the lines of -the original survey.” A new survey is also required where the claim has -been abandoned and relocated by another. - -=5–21= Expenditure of $500 After the Survey is Approved: Supplemental -notes based on a supplemental order for survey, either to the original -mineral surveyor or another mineral surveyor, must be submitted and -attached to the original field notes. The supplemental notes must -contain a full description of all improvements. If the additional -expenditure applies only to one claim of a group, only the expenditures -of that claim need to be recited. Current Form 3860–8, Certificate of -Expenditures, must be executed and attached to the claimant’s copy of -the notes for filing with the patent application. - -=5–22= If patent is applied for long after the survey was approved, a -statement from the Chief, Branch of Cadastral Survey, will be required -by the Branch of Land and Minerals to the effect that the plat correctly -shows all conflicts, or listing the later surveys with which a conflict -exists. - -If later surveys did not exclude the survey in question, the plat will -be returned by the Branch of Land and Minerals for amendment, and -amended notes will have to be written. If the applicant is not the same -as the claimant shown at the time of the survey, he is entitled to use -the survey provided he can show a chain of title. If he does not have -the necessary plats and notes, the Branch of Cadastral Survey will -supply him with the necessary copies. The claimant bears all costs. - -=5–23= Occasions have arisen where a claim or survey excluded from the -patent is later abandoned. A supplemental application for patent may be -made for the excluded ground. The procedure to be followed is the same -as given in 5–22 above. Copies of the plats, including those for posting -and the notes must be furnished the applicant. - -=5–24= Patent Applied for in Two Parts: When only a part of the claims -of a survey are applied for and patented, and later application for -patent is made for the remaining claims, a copy of the plat, or if the -plat is in more than one sheet, the sheets showing the claim, must be -posted, and a copy, together with a transcript of that portion of the -field notes pertaining to the claims, filed with the Branch of Lands and -Minerals at the time the supplemental application for patent is made. If -not all sheets of the plat are used, be sure that the ones used show all -ties and pertinent information. - - - - - CHAPTER VI - Resurveys - - -=6–1= Restoration of Lost Corners: There is no hard and fast rule for -establishing missing corners of mining claims. The method should be -selected that will give the best results, bearing in mind that end lines -should remain substantially parallel. Ordinarily, the mineral surveyor -should not remonument a restored corner; at least, it should not be done -without the full knowledge and approval of the owner. A cadastral -surveyor may remonument a corner if it is necessary to delineate the -boundary between public and private land. As with all lost corners, the -corner of a mineral survey should be reestablished from the best -available evidence and in such a configuration that will place the lines -as nearly as possible to their original position. The ties to bearing -trees and objects should be used first. In fact, if such accessories are -present the corner is not lost. - -Second in order of preference is the use of short ties to or from -adjoining surveys. A word of caution in using other mineral survey ties: -In Colorado, and presumably in other states, there was a period where -the short ties to conflicting surveys were calculated through the -section corner tie. Such calculated ties should not be used. This period -is not exactly known, but it ran approximately from 1898 to April 28, -1904. If a report of other surveys was contained in the field notes, the -ties were not calculated. At the end of this period, it can be -determined if calculations were used. It is not so easy to distinguish -between the methods of survey at the beginning of the period since it -was not customary to report on other surveys. In any event, the short -tie should not be used unless the corner tied to (or from) is recovered. -If no corners can be found, the section corner tie may be used, but it -is the tie of last resort. In such cases, all lines are shown as -approved. - -In Figure 7, several conditions are illustrated. In situation A, only -one corner is recovered, no other corners or accessories can be found -nor are there any short ties available. In the absence of further -collateral evidence, the three missing corners must be reestablished at -record bearings and distances from the recovered Corner No. 1. - -In situation B, Corners Nos. 1 and 2 can be recovered. Lines 4–1 and 2–3 -should be shown at the record distance, regardless of the length of line -1–2. The bearings of lines 4–1 and 2–3 may be the record bearing or at -the same variation from the record as line 1–2. If this was a -rectangular claim, then the bearing of the missing lines probably should -be at right angles to line 1–2, unless this would give a distorted -relationship between the claim and the workings on it, particularly the -discovery. Line 3–4 should be shown parallel and of equal length to line -1–2. - -In situation C, Corners Nos. 1 and 4 are recovered. Line 2–3 should be -shown parallel and of equal length to line 4–1, if the record was such. -Lines 1–2 and 3–4 should be shown at the record distance, and at the -record bearing or with the same variance found for line 4–1. - -In situation D two corners are again recovered, but they are opposite -corners, Nos. 1 and 3. Missing Corner Nos. 2 and 4 can be restored by -using the Grant Boundary method. See Section 5–44 of the Manual of -Surveying Instructions. They can also be shown at the record bearing and -distance from Cors. Nos. 1 and 3, using either the end lines or side -lines, with the resulting missing lines being the bearing and distance -required to close. The method selected should restore the lines in the -best relative position to the workings. - -In situation E, three corners, 1, 2 and 4, are recovered. Line 2–3 is -shown parallel and of equal length to line 4–1. Line 3–4 is shown -parallel and of equal length to Line 1–2. - -[Illustration: - - FIG. 7 -] - -In restoring corners of irregular claims, such as metes and bounds -placers, the broken boundary (non-riparian) or the Grant Boundary method -should be used. It may also be applied to lode claims if the above -methods do not give adequate results. - -In reestablishing corners of a block of claims, the rules of -proportionate measurement may be applied. In Figure 8, missing Corner -No. 2 of claims E, F, G and H can be restored by double proportion. -Missing Corner No. 1 of claims A and B may also be restored by double -proportion; since there is no corner beyond this corner, the record -distance from Corner No. 2 would have to be used in this direction. -Corner No. 1 might also be established at the record bearing and -distance from Corner No. 2, or lines 1–2 of claims A and B could be made -parallel and of equal length to line 3–4 of claim A. Since missing -Corner No. 3 of claims B and D is on an end line, single proportionate -measurement might be considered. See the Manual of Surveying -Instructions for proportionate methods, pp. 134–136. - -=6–2= Township Resurveys with Mineral Surveys: Prior to field work, all -unpatented mineral surveys embracing claims that have been declared null -and void should be cancelled, leaving only valid existing claims and -patents to be segregated. Restoration of missing corners should only be -made where they are necessary to control the boundaries between private -and public land, including the boundaries between public land and -unpatented valid mineral surveys. Segregation surveys of unsurveyed -mining claims may be requested to accommodate administrative actions. If -possible, the owners of the mining claims should be advised of the -resurvey and given an opportunity to express their opinions as to the -position of missing corners. - -=6–3= Mineral Segregation Surveys: Sections 7–39 to 7–44 inclusive, of -the Manual of Surveying Instructions adequately covers this subject. -Segregation surveys are not undertaken unless there is a need for them -arising from administrative action involving the adjoining land. Very -often it will be necessary to make the survey within the boundaries as -they are marked on the ground due to inaccuracies in the location -survey. The early township surveys in California often segregated -unsurveyed mining claims showing them on the township plats without -supporting field notes. Resurveys of such segregations may be required -based on the evidence found in the field. - -=6–4= Supplemental Plats: When supplemental plats are required -segregating mineral surveys, all such surveys must be segregated. Again, -it is desirable that mineral surveys embracing invalid claims be -cancelled. The need to lot a cancelled mineral survey will also require -a supplemental plat. - -=6–5= Correcting Errors in Patented Mineral Surveys: As a general rule, -the record of a patented mineral survey should not be changed or -amended. When such errors are discovered, a pencil notation on the index -card and/or on the field notes may be appropriate. Reported errors -generally stand on their own merit and are contained in the field notes -of the reporting survey. - -[Illustration: - - FIG. 8 -] - - - - - GLOSSARY OF MINING TERMS - - - ADIT: a horizontal entry into a mine with one opening to the surface, - commonly and erroneously called a tunnel. (A tunnel is open at both - ends.) - - ALLUVIUM: unconsolidated sedimentary deposit, e.g. stream bed of sand - and gravel. - - ANTICLINE: a convex fold in sedimentary beds of rock (opposite: - syncline). - - APEX: top of a vein or lode. - - ASSAY: a test to determine the quantity of mineral in a given sample. - May be by a miniature smelting process in the laboratory, called a - fire assay; or by use of chemicals, called a chemical or wet assay. - - BACK: the roof of a horizontal opening such as an adit, drift or - crosscut. - - BONANZA: a rich body of ore. - - BEDROCK: uppermost layer or segment (portion) of rock in place. - - BREAST: the end, heading or working face of an adit, drift or - crosscut. - - CHIMNEY: a vertical ore body, tubelike in shape. - - CHUTE: (ore) chute for transferring broken rock in a mine; usually - from a stope to a haulage passage. - - COBBING: hand sorting of ore. - - COLLAR: top of a shaft or winze; the timbers or concrete at the upper - end. - - COLOR: a particle of free gold. - - CONCENTRATOR: a device for separating and concentrating mineral from - rock by mechanical means. - - CONTACT: the meeting of two geologic formations. - - CONTACT VEIN: a vein along the contact. - - COUNTRY ROCK: rock surrounding a vein or lode, extending throughout - the area. - - CRIBBING: a wall of light timbering between heavy supports at either - vertical or horizontal mine working. - - CROSSCUT: a horizontal opening such as an adit driven across the vein - or ore body. - - CUT: an open working driven into a hillside to expose underlying rock. - - DIKE: a vertical or near vertical fissure filled with volcanic rock. - - DIP: the vertical angle a vein or sedimentary bed makes with a - horizontal plane. - - DRIFT: a horizontal opening (such as an adit) driven along the vein. - - FACE: the last working end of an adit, drift, crosscut or cut (same as - breast). - - FAULT: A dislocation along a crack in the earth’s surface (may be - horizontal, vertical or a combination of both); a failure along a - line of stress; usually associated with earthquakes, but movement - may be slow. - - FISSURE: a crack in the earth’s surface; if filled with vein material - becomes a fissure vein. - - FLOAT: a piece of ore detached from a vein or lode, lying loose, not - in place. - - FLOOR: the lower surface of a mine working, i.e. the floor of a drift. - - FLUME: a device for conveying water. - - FOOT WALL: the lower side of an inclined vein in country rock. - - GANGUE: the matrix of the ore composed of worthless material. - - GLORY HOLE: a large funnel-shaped excavation extending to the surface, - the material being drawn from the bottom through a tunnel. - - GRIZZLY: a grating, usually made up of mine rails, over an ore bin for - the purpose of diverting large rocks or boulders. - - GRUB STAKE: financing a prospector to share in his findings. - - HANGING WALL: the upper wall of an inclined or dipping vein. - - HEADING: same as breast or face of a working. - - HORSE: a mass of country rock found in an ore deposit. - - INCLINE: a sloping shaft, drift, crosscut or tunnel. - - LEAD: same as lode, (pronounced “leed”) - - LEDGE: same as lode. - - LEVEL: one of a series of drifts or crosscuts, one above the other, in - a mine. - - LODE: a mineral deposit in place, including veins. - - LODE LINE: presumed course of the vein or lode at the surface. - - MATRIX: the worthless material in an ore deposit surrounding the - valuable minerals. - - METALLURGY: the art of separating minerals from the gangue in ores; - also combining metals to form alloys. - - MINE: an excavation for the purpose of extracting mineral. - - MINERAL: an inorganic substance contained in the earth. - - MUCK: broken rock in a mine. - - OPEN CUT: a drift or crosscut that does not enter cover. - - OPEN PIT: a large excavation beginning at the surface. - - ORE: a mineral deposit that can be mined at a profit; includes the - mineral itself and the gangue. - - OUTCROP: that portion of a mineral deposit appearing at the surface. - - PLACER: a mineral deposit of unconsolidated particles. - - QUARRY: similar to an open pit, usually applied to building stone. - - RAISE: a vertical or inclined shaft driven upward from an underground - working. - - REEF: Australian word for lode. - - ROOF: the ceiling of a working, as the back of a drift. - - ROYALTY: a percentage of the earnings or product paid an owner. - - SHAFT: a vertical or inclined opening sunk from the surface to gain - access or to explore an orebody. - - SHIFT: a period of working time. - - SKIP: an ore bucket used to hoist ore and muck in a shaft. - - SLUICE: a trough with riffles for separating placer gold. - - SMELTING: the reduction of metals from the ore in a furnace. - - STOPE: usually a room where the ore is mined. - - STRIKE: the horizontal direction of a vein. - - STULL: a timber in a mine, usually a post. - - SUMP: a low place in a mine for collecting water, such as the bottom - of a shaft. - - TAILINGS: the waste rock from a mine or mill. - - TUNNEL: technically, a horizontal passageway open at both ends, but in - mining used to designate any horizontal passageway driven for the - development or discovery of an orebody. - - VEIN: a fissure or crack in surrounding rock filled with mineral. - - WINZE: a vertical or incline opening sunk from an underground mine - working; an underground shaft. - - - - - APPENDIX - - -[Illustration: APPENDIX #1] - - Form 3400–6 UNITED STATES | FORM APPROVED - (October 1968) DEPARTMENT OF THE INTERIOR | BUDGET BUREAU NO. 42–R1373.1 - BUREAU OF LAND MANAGEMENT |_____________________________ - | - | Date - |_____________________________ - APPLICATION FOR SURVEY OF MINING CLAIM | - | SEE INSTRUCTIONS ON REVERSE - _____________________________________________|_____________________________ - | - 1. Name of Applicant | Address (_include zip code_) - (_first, middle initial, last_)| - | - ____________________________________|______________________________________ - - Hereby makes application for an official mineral survey of the mining - claims named and identified in this application - ___________________________________________________________________________ - - 2. Give group name (_if any_) - ___________________________________________________________________________ - - 3. NAME OF CLAIM(S) - ___________________________________________________________________________ - | - | DATE - |_________________________________________ - | | | | - NAME OF LOCATION | LOCATED | RECORDED | AMENDED | AMENDED - | | | | RECORDING - _________________________________|_________|__________|_________|__________ - | | | | - | | | | - | | | | - | | | | - | | | | - | | | | - | | | | - | | | | - | | | | - | | | | - | | | | - | | | | - _________________________________|_________|__________|_________|__________ - - 4. LOCATION OF CLAIM(S) - ___________________________________________________________________________ - | | | - Section | Township | Range | Meridian - | | | - ________|__________|_______|_______________________________________________ - | | - County | State | National Forest - | | - ___________________|_______|_______________________________________________ - - 5a. Is each claim based on a valid location and fully described in the - certified copy of the record of each location certificate filed with this - __ __ - application? |__| Yes |__| No - - b. Is each location distinctly marked by monuments on the ground and can - __ __ - its boundaries be traced readily? |__| Yes |__| No - ___________________________________________________________________________ - - APPENDIX #1 - ------------------------------------------------------------------------- - -[Illustration: APPENDIX #2] - - Form 3860–6 UNITED STATES | Place - (October 1976) DEPARTMENT OF THE INTERIOR |_________________________ - (formerly 3400–7) BUREAU OF LAND MANAGEMENT | - | Date - ORDER FOR MINERAL SURVEY |_________________________ - - To Mineral Surveyor: - __ - | - - - - - Sir: - - Application has been filed in this Office by - - , dated , 19 . - - for an official survey of the mining claim consisting of locations named, - located, and recorded as follows: - ___________________________________________________________________________ - Group name, if any - - ___________________________________________________________________________ - | DATE | - |____________________________________| - NAME OF LOCATION | | | | AMENDED - | LOCATED | RECORDED | AMENDED | RECORDING - ______________________|___________|____________|___________|_______________ - | | | | - | | | | - | | | | - | | | | - | | | | - | | | | - | | | | - | | | | - | | | | - | | | | - | | | | - | | | | - | | | | - | | | | - ______________________|___________|____________|___________|_______________ - Mining District | County | State - | | - ______________________|________________________|___________________________ - Section | Township | Range - | | - ______________________|________________________|___________________________ - Meridian | National Forest - | - __________________________________|________________________________________ - - The claim is fully described in the certified copy of the location - certificate filed by the applicant for the survey, copy of which is - enclosed herewith. You are hereby directed to make the survey of said - claim in strict conformity with existing laws, official regulations, and - instructions thereunder, and make proper return of the survey to this - Office. - - This survey will be designated as Mineral Survey Number - - - Very truly yours, - - - __________________________________________ - - (Authorized Signature) - - - __________________________________________ - - (Title) - - APPENDIX #2 - ------------------------------------------------------------------------- - -[Illustration: APPENDIX #3] - - No. 345. NOTICE OF LODE LOCATION.-- - Bradford Publishing Co., 1824–46 Stout Street, Denver, Colorado - - _ - STATE OF________________________| - | - | SS. - | - COUNTY OF ______________________| - - Know All Men by These Presents, That ______________, the undersigned, ha____ - - this___________ day of________________, 19___, located and claimed, and by - - these presents do _____locate and claim by right of discovery and location, - - in compliance with the Mining Acts of Congress, approved May 10, 1872, and - - all subsequent Acts, and with local customs, laws and regulations, - - ____________________ linear feet and horizontal measurement on the - - ____________________________________________ lode, vein, ledge or deposit, - - along the vein thereof, with all its dips, angles and variations as allowed - - by law together with ________________ feet on the ________________ side and - - ________________ feet on the ________________ side of the middle of said - - vein at the surface, so far as can be determined from present developments; - - and all veins, lodes, ledges, or deposits and surface ground within the - - lines of said claim ________________ feet running ________________ from - - center of discovery ________________ and ________________ feet running - - ________________ from center of discovery ________________, said discovery - - ________________ being situated upon said lode, vein, ledge or deposit, and - - within the lines of said claim in _______________________________________ - - Mining District, County of ________________ and State of ________________ - - - Discovered and located ________________________________, 19___ - - ________________________________ ________________________________ - - ________________________________ ________________________________ - - ________________________________ ________________________________ - - ________________________________ ________________________________ - - APPENDIX #3 - ------------------------------------------------------------------------- - -[Illustration: APPENDIX #4] - - Form. 3400–11 UNITED STATES | Mineral Survey number - (September 1967) DEPARTMENT OF THE INTERIOR | - (formerly 4–683) BUREAU OF LAND MANAGEMENT |_________________________ - | State - | - FIELD NOTES |_________________________ - | Land District - | - _________________________________________________|_________________________ - Of the Survey of the Mining Claim of (_name and address of Claimant_) - - - - - ___________________________________________________________________________ - Known as the (_name of group, if any_) - - - - - ___________________________________________________________________________ - - CONSISTING OF LOCATIONS NAMED AND LOCATED AS FOLLOWS - ___________________________________________________________________________ - NAME OF LOCATION | DATE - |__________________________ - | LOCATED | AMENDED - ________________________________________________|_____________|____________ - | | - | | - | | - | | - | | - | | - | | - | | - | | - | | - | | - | | - | | - | | - | | - | | - | | - | | - | | - ________________________________________________|_____________|____________ - Mining district | County - | - _____________________________________|_____________________________________ - Section | Township |Range |Meridian | Survey under order dated - | | | | - ____________|____________|___________|__________|__________________________ - Survey commenced |Survey completed | Name of Mineral Surveyor - | | - __________________|__________________|_____________________________________ - - APPENDIX #4 - ------------------------------------------------------------------------- - -[Illustration: APPENDIX #5] - - Form 3860–7 UNITED STATES - (November 1976) DEPARTMENT OF THE INTERIOR - (formerly 3400–8) BUREAU OF LAND MANAGEMENT - - CERTIFICATE OF SURVEYOR - - ___________________________________________________________________________ - Name of Mineral Surveyor | Date - | - ____________________________________________________|______________________ - - I HEREBY CERTIFY That in pursuance of an order received from the - - , at - - dated ,19 , I have carefully executed the survey of - - the claim of - - known as the (_lode, placer, or mill site_) - - situated in , Township , - - Range , Meridian, in the State of . - - This survey, designated as number , has been executed by me and under - my direction and has been made in strict conformity with said order, the - Manual of Instructions for the Survey of Public Lands of the United States, - and in specific manner described in the foregoing field notes. - - I FURTHER CERTIFY That the labor expended and improvements made - upon and for the benefit of the - - (_lode or placer_) location(s) - embraced in the said mining claim by claimant(s) or - - grantors are fully stated in my report. The character, extent, location, - and itemized value are specified in full detail. No portion of, or interest - in, said labor and improvements so credited to this claim has been included - in the estimate of expenditures upon any other claim. - - - - - - - - ____________________________________ _____________________________________ - - (Location) (Signature of Mineral Surveyor) - ___________________________________________________________________________ - - - CERTIFICATE OF APPROVAL - - | Office - | - |_________________________ - | Location - | - |_________________________ - | Date - | - |_________________________ - - - The foregoing field notes of mineral survey number , in - __ __ - , |__| surveyed|__| unsurveyed - - Township , Range , - - Meridian, in the State of , - - executed by , Mineral Surveyor, - - under order dated , 19 , having been critically examined - and the necessary corrections made prior to their certification by the - surveyor, the field notes and the survey therein described are hereby - approved. - - - ____________________________________ _____________________________________ - - (Authorized Signature) (Title) - - - - CERTIFICATE OF TRANSCRIPT - - I HEREBY CERTIFY That the foregoing transcript of field notes of - - the above-described mineral survey number is a true copy of the - original field notes. - - - - - ____________________________________ _____________________________________ - - (Authorized Signature) (Title) - ___________________________________________________________________________ - - Title 18, U.S.C. section 1001, makes it a crime for any person knowingly - and willfully to make to any department or agency of the United States any - false, fictitious, or fraudulent statements or representations as to any - matter within its jurisdiction. - ___________________________________________________________________________ - - APPENDIX #5 - ------------------------------------------------------------------------- - -[Illustration: APPENDIX #6] - - Form 3860–8 UNITED STATES | Serial Number - (February 1977) DEPARTMENT OF THE INTERIOR | - BUREAU OF LAND MANAGEMENT | - |_______________________ - CERTIFICATE OF EXPENDITURES, IMPROVEMENTS, | Date - AND MINERAL SURVEY | - ___________________________________________________|_______________________ - Name of Claimant | Mineral Survey Number - | - | - ___________________________________________________|_______________________ - | - I HEREBY CERTIFY That the | I FURTHER CERTIFY That the - | - record of the above-described | record reveals not less than $500 - | - mineral survey furnishes such an | worth of labor has been expended for - | - accurate description of all claims | improvements upon or for the benefit - | - embraced within the survey that it | of each of the lode claims embraced - | - will, if incorporated into a patent, | within the survey and that the - | - serve fully to identify the premises | improvements were made by the - | - and that references are made in the | claimant or his grantors. - | - survey to natural objects or | - | - permanent monuments so that the | - | - location of the claims will be | - | - perpetuated and fixed. | - | - _____________________________________|_____________________________________ - Date | Authorized Signature - | - | - | - ________________|__________________________________________________________ - - (_See reverse_) - APPENDIX #6 - ------------------------------------------------------------------------- - -[Illustration: APPENDIX #7] - - Form 3400–5 UNITED STATES | Place - (December 1966) DEPARTMENT OF THE INTERIOR |_____________________________ - (formerly 4–286a) BUREAU OF LAND MANAGEMENT | - | Date - |_____________________________ - | - | INSTRUCTIONS - | - | The Director, Bureau of Land - | Management, and the manager - APPROVAL OF MINERAL SURVEY | of the appropriate land (or - | land and survey) office must - | be notified of the approval - | of each mineral survey, - | using this form. - _____________________________________________|_____________________________ - - - _____________________________________ - - - _____________________________________ - - SIR: - - The following described mineral survey was approved on , 19 : - ___________________________________________________________________________ - SURVEY NUMBER | NAME OF CLAIM | ACRES - ______________|_________________________________________________|__________ - | | - ______________|_________________________________________________|__________ - | | - ______________|_________________________________________________|__________ - | | - ______________|_________________________________________________|__________ - | | - ______________|_________________________________________________|__________ - | | - ______________|_________________________________________________|__________ - | | - ______________|_________________________________________________|__________ - | | - ______________|_________________________________________________|__________ - | | - ______________|_________________________________________________|__________ - | | - ______________|_________________________________________________|__________ - - This survey is actually in conflict with the following approved mineral - survey(s) listed by name and number, as marked, defined, and established on - the ground - - - ___________________________________________________________________________ - Applicant for survey (_name and address_) - - ___________________________________________________________________________ - Survey made by , Mineral Surveyor. - - ___________________________________________________________________________ - - The following legal subdivisions are covered in whole or in part by this - survey, if situated on surveyed lands - - - ___________________________________________________________________________ - - The survey is shown on the diagram below, sketched as actually marked, - defined, and established on the ground with respect to the lines of the - public land surveys; data relating to courses and distances have been - omitted. - - - ___________________________________________________________________________ - - NOTE -- This sketch will be made in each case where upon surveyed land, - whether or not there are any conflicting approved mineral surveys. - Conflicting mineral surveys, however, will not be shown upon the sketch. - ___________________________________________________________________________ - - Section , Township , Range Section , Township , Range - - - - - - - - - - - _____________________________________ ____________________________________ - - (Title) - ___________________________________________________________________________ - - APPENDIX #7 - ------------------------------------------------------------------------- - -[Illustration: APPENDIX #8] - - No. 162. LOCATION CERTIFICATE--Lode Claim.-- - Bradford Publishing Co., 1824–46 Stout Street, Denver, Colorado - - - KNOW ALL MEN BY THESE PRESENTS, That - ____________________________________________ - - ___________________________________________________________________________ - - ha____ located the ______________________________________ lode mining claim, - - and by this certificate, and by right of discovery and location, claim_____ - - ___________________________________ feet, linear and horizontal measurement - - along the vein thereof, with all its dips, angles and variations as allowed - - by law ____________________________ feet on said vein running _____________ - - _____________ from the center of the discovery ____________________________ - - and feet running ___________________________________ from the center of the - - discovery ____________________________ , together with ____________________ - - ______________ feet on each side of the middle of said vein at the surface, - - and all veins, lodes, ledges, deposits and surface ground within the lines - - of said claim, situate in _________________________________ Mining District, - - County of _________________________, and State of _________________________ - - and described by metes and bounds as follows, to wit: - - - Beginning at Corner No. 1 _________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - Said lode was discovered on the _______ day of _______________, 19____ - - and located on the ______________ day of __________________________, 19____ - - Dated this _______________ day of ____________________________, 19____ - - - ________________________________[SEAL] - - ________________________________[SEAL] - - ________________________________[SEAL] - - ________________________________[SEAL] - - ________________________________[SEAL] - - ________________________________[SEAL] - - ___________________________________________________________________________ - - APPENDIX #8 - ------------------------------------------------------------------------- - -[Illustration: APPENDIX #9] - - No. 114. ADDITIONAL AND AMENDED LOCATION CERTIFICATE. - --Bradford-Robinson Ptg. Co., Mfrs. Robinson’s Legal Blanks, 1824–46 Stout - St., Denver, Colorado - - - STATE OF COLORADO, } - } - } SS. KNOW ALL MEN BY THESE PRESENTS, - County of _______________} - - - That ______________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - - the undersigned, ha___ this _____________ day of ___________________, 19___ - - amended, located and claimed and by these presents do _____ amend, locate - - and claim, by right of the original discovery and this Additional and - - Amended Location Certificate, in compliance with the Mining Acts of - - Congress, approved May 10, 1872, and all subsequent acts, and with Sections - - 169 and 182, Chapter 110, 1935 Colorado Statutes Annotated, and with local - - customs, laws and regulations _____________________________________________ - - ____________________________________ linear feet and horizontal measurement - - on the ________________________________________________________ lode, vein, - - ledge or deposit, along the vein thereof, with all its dips, angles and - - variations, as allowed by law, together with ______________________________ - - feet on the __________________________ side, and __________________________ - - feet on the __________________________ side of the middle of said vein at - - the surface, so far as can be determined from present developments, and all - - veins, lodes, ledges or deposits and surface ground within the lines of - - said claim __________________________ feet running ________________________ - - from center of discovery ________________ and ________________ feet running - - __________________________ from center of discovery _______________________ - - said discovery _____________________________ being situated upon said lode, - - vein, ledge or deposit, and within, the lines of said claim, in ___________ - - ____________Mining District, County of _______________________ and State of - - Colorado, described by metes and bounds as follows, to-wit: - - Beginning in Corner No. 1 - - - - - - - - - - - - This being the same lode originally located on the _________________ day of - - ______________________ 19____, and recorded on the _________________ day of - - ______________________ 19____, in Book ________ Page ________ in the office - - of the Recorder of ____________________ County. This further Additional and - - Amended Certificate of Location is made without waiver of any previously - - acquired rights, but for the purpose of correcting any errors in the - - original location, description or record, and of taking in and acquiring - - all forfeited or abandoned overlapping ground, and of taking in any part of - - any overlapping claim which has been abandoned, and of securing all the - - benefits of said Sections 169 and 182, Chapter 110, 1935 Colorado Statutes - - Annotated. - - - Said lode was discovered the ________ | ___________________INTEREST. [SEAL] - | - day of _________________ A. D. 19____ | ___________________INTEREST. [SEAL] - | - ATTEST: | ___________________INTEREST. [SEAL] - | - _____________________________________ | ___________________INTEREST. [SEAL] - | - Date of Additional and Amended Cer- | ___________________INTEREST. [SEAL] - | - tificate _______________ A. D. 19____ | ___________________INTEREST. [SEAL] - - APPENDIX #9 - ------------------------------------------------------------------------- - -[Illustration: APPENDIX #10] - - _________________________ - | | - | FOR RECORDER’S USE ONLY | - | | - Recorded at the request of: NOTICE | | - | | - ________________________________ | | - | | - When recorded please mail to: | | - OF | | - Name ___________________________ | | - | | - | | - Street _________________________ | | - LOCATION | | - | | - City ___________________________ | | - | | - | | - State __________________________ LODE | | - | | - |_________________________| - - TO WHOM IT MAY CONCERN: Please take notice that: - - 1. The name of this claim is the _____________________ Lode Mining Claim. - - Said claim is situated in the vicinity of _______________________ or in the - - ________________________________________________ Mining District, County of - - San Bernardino, State of California. - - The date of this location is the __________ day of _________________, 19___ - - 2. The undersigned locators are citizens of the United States, or have - declared their intention to become such. - - 3. The said locator___ do____ hereby locate and claim ___________________ - (Not to exceed 1500) - linear feet of this vein or lode, together with surface ground extending - - ___________________ feet in width on each side of the middle of said vein - (Not to exceed 300) - or lode and more particularly described as follows: - - Commencing at the monument where this notice is posted, which monument is - at the point of discovery on said vein or lode and on the center line of - - this location _________ hereby claim ______________ feet extending in a - (I or We) - ______________ direction along the course of said vein from the discovery - - monument and _______________ feet in a _______________ direction from the - - discovery monument, along the course of said vein. - - The general course of said vein is in a _________erly and ___________erly - - direction. - - The discovery monument is situated about ________________________________ - - ___________________________________________________________________________ - (Distance from natural object or permanent monument and give direction) - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - - 4. All dips, variations, spurs, angles and all veins, ledges, or deposits - within the lines of this claim, together with all water and timber and any - other rights appurtenant, allowed by the laws of this State or of the - United States are hereby claimed. - - LOCATORS - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - STATEMENT OF THE MARKING OF THE BOUNDARIES - AND OF PERFORMANCE OF DISCOVERY WORK - - NOTICE IS HEREBY GIVEN by the undersigned locator--that in accordance with - - the provisions of the Mining Law:-- - - 1. There has been erected at the discovery point, at each corner and at the - - center of each end line of said claim - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - 2. The Locator has performed the following discovery work: ________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - DATED _____________________, 19___ - - LOCATORS - - ______________________________________ - - ______________________________________ - - ______________________________________ - - PA 1561–-4M–3–62 ______________________________________ - - APPENDIX #10 - ------------------------------------------------------------------------- - -[Illustration: APPENDIX #11] - - No. 296. LOCATION CERTIFICATE.--Tunnel.--Bradford Publishing Co., 1824–46 - Stout Street, Denver, Colorado--3–72 - ___________________________________________________________________________ - - - STATE OF ________________________} - } - } SS. - } - County of _______________________} - - TO ALL WHOM THESE PRESENTS MAY CONCERN: Know ye, that _____________________ - - ___________________________________________________________________________ - - ______________________________________ citizen_____of the United States, of - - _____________________________, County of ___________________________, State - - of ____________________, do hereby declare and publish as a legal notice to - - all the world, that _____ have a valid right to the occupancy, possession - - and enjoyment of the ______________________________________________________ - - _________________________________, located _________________________, 19___ - - for the discovery of mines and the development of lodes, and situate in - - _________________________________ Mining District, ________________________ - - County, State of _________________________, described as follows, to-wit: - - Mouth of tunnel situate _________________________________________________ - - _____________________________________________; from the mouth of the tunnel - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - Size of tunnel ________________ feet wide by ______________ feet high in - - the clear. - - Course of tunnel from its mouth, __________________________ 3,000 feet to - - the ________________ end of said tunnel, at which end is set a substantial - - ______________________________ being the end _____________________________, - - and between the tunnel mouth and the end _______________________ the center - - line of the tunnel is marked at _________ feet, __________ feet, _________ - - feet, _________ feet, _________ feet, _________ feet, _________ feet from - - the mouth by marked stakes or blazed and marked trees. From the end - - ___________________________________________________________________________ - - bears _____________________________________________________________________ - - bears _____________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - ___________________________________________________________________________ - - from said end ______________, set a stake _________________________________ - - ___________________________________________________________________________ - - from said end ______________, set a stake _________________________________ - - ___________________________________________________________________________ - - from mouth of tunnel set a stake __________________________________________ - - ___________________________________________________________________________ - - from mouth of tunnel set a stake __________________________________________ - - ___________________________________________________________________________ - - which last four mentioned stakes _____________________ the exterior corners - - of the claim of said tunnel site. - - And ___________________ claim for line of tunnel 1,500 feet on each side - of the center of the bore or course of the tunnel, and the right to all - lodes which may be discovered in the due prosecution of said tunnel within - 1,500 feet on each side of the center of said line. - - _______________________ also claim a square tract of land 125 feet on - each side of the mouth of tunnel and extending 250 feet immediately below - the mouth of the tunnel, as staked upon the ground, for dumping purposes. - - Together with all and singular the hereditaments and appurtenances - thereunto belonging or in anywise appertaining, and all rights granted to - the locator ___________________ as tunnel rights under the terms of Section - 2323 of the Revised Statutes of the United States. - - WITNESS __________ hand___ and seal___ this _________________________ day - - of ______________________, 19___ - - _____________________________________[SEAL] - - _____________________________________[SEAL] - - _____________________________________[SEAL] - - _____________________________________[SEAL] - - ___________________________________________________________________________ - - APPENDIX #11 - ------------------------------------------------------------------------- - -[Illustration: APPENDIX #12] - - STATE OF ________________________} - } SS. - County of _______________________} - - - Before me, the subscriber, a notary public in and for said County, - - personally appeared _______________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - to me personally known to be the same person_____described in and who - - executed the within declaration of occupation, and acknowledged that ______ - - h_____ signed, sealed and published the same as ______h_____ free and - - voluntary act and deed for the uses and purposes therein set forth. - - WITNESS my hand and seal, this _____________ day of _____________________, - - 19____ - - My commission expires _____________________________________________, 19____ - - _____________________________________________________ - Notary Public. - - ___________________________________________________________________________ - - - STATE OF ________________________} - } SS. - County of _______________________} - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - ___________________________________________________________________________ - - of the Count ______ of ___________________________________________ State of - - ______________________, being first duly sworn according to law, depose and - - say_______: That_____h_____ citizen___ of the United States over the age of - - twenty-one years; that _____ h_____ owner_____ by pre-emption, location and - - occupation of the foregoing tunnel site, the said tunnel being prosecuted - - for the development of lodes belonging to said affiant_______, also for the - - discovery of other lodes; affiant___ further say ______ that ____ h_______ - - ha___ expended in actual work and improvements on said tunnel not less than - - __________________________________________________________________ Dollars, - - and that said tunnel has already been run the distance of _________________ - - ___________ feet, and that it is bona fide ___ h______ intention to - - prosecute work on said tunnel, so located and described, with reasonable - - diligence for the purposes therein set forth. - - ____________________________________________ - - ____________________________________________ - - ____________________________________________ - - ____________________________________________ - - ____________________________________________ - - ____________________________________________ - - SUBSCRIBED and sworn to before me this ________________________________ day - - of ____________________________, 19____ - - My commission expires ______________________________________________, 19___ - - ____________________________________________ - Notary Public. - - - _______________________________________ - - LOCATION CERTIFICATE - - OF TUNNEL AND TUNNEL SITE - - _______________________________________ - - Tunnel and Tunnel Site of _____________ - - _______________________________________ - - in _____________________________ Mining - - District, _____________________ County, - - State of ______________________________ - - _______________________________________ - - - STATE OF ________________________} - } SS. - County of _______________________} - - - I hereby certify that this Location - - Certificate was filed for record in my - - office at _____________ o’clock ____M., - - _________________________________ 19___ - - and is duly recorded in book __________ - - at page _______________________________ - - _______________________________________ - Recorder. - - By ____________________________________ - Deputy. - - _______________________________________ - - - Fees, $________________________________ - - _______________________________________ - - --------------------------------------- - BRADFORD PUBLISHING COMPANY CO., DENVER - - APPENDIX #12 - ------------------------------------------------------------------------- - -[Illustration: APPENDIX #13] - - Recorded at________o’clock______M.,_________________ - - Reception No._____________________________ Recorder. - - -------------------------------------------------------------- - - KNOW ALL MEN BY THESE PRESENTS: That,______________________________ - - ______________________________________________________________ - - ______________________________________________________________ - - ______________________________________________________________ - - ______________________________________________________________ - the undersigned citizens of the United States, residents of - - the County of_______________, State of________________________, - having complied with the provisions of Chapter 6, Title XXXII, - of the Revised Statutes of the United States, and with the - local customs, laws and regulations, claim by right of - - discovery and location, The ___________________________________ - - placer claim, situate, lying and being in______________________ - - Mining District, County of_______________________, and State of - - ____________________, described by metes and bounds as follows, - to wit: - - _______________________________________________________________ - - - _______________________________________________________________ - - - _______________________________________________________________ - - - _______________________________________________________________ - - - _______________________________________________________________ - - - _______________________________________________________________ - - - _______________________________________________________________ - - ______________________________ area ____________________ acres, - - said claim was located on the_______ day of__________, 19_____. - - Date of certificate________________________, 19_____. - - Attest: - - ___________________________________ - - ___________________________________ - - - ___________________________________ - - - ___________________________________ - - - ___________________________________ - - - ___________________________________ - - - ___________________________________ - - - ___________________________________ - - - No. 161. PLACER LOCATION CERTIFICATE.--Bradford Publishing Co., - 1824–46 Stout Street, Denver, Colorado (573–5011)-–5–77 - - APPENDIX #13 - ------------------------------------------------------------------------- - -[Illustration: APPENDIX #14] - - No. 270. LOCATION CERTIFICATE--Mill Site.--Bradford Publishing Co., - 1824–46 Stout Street, Denver, Colorado (573–5011)-–6–77 - - ------------------------------------------------------------------- - LOCATION CERTIFICATE OF MILL SITE - - STATE OF_________________ } - } SS. - County of_________________ } - - TO ALL WHOM THESE PRESENTS MAY CONCERN: - - Know ye that ____________________________________________________ - - ___________________________________________________________________ - - of ________________________________________________________________ - - ___________________________________________________________________ - - do______hereby declare and publish as a legal notice to all the - - world that_______have a valid right to the occupation, possession - and enjoyment of all and singular that tract or parcel of land not - exceeding five acres, situate, lying and being - - in_____________________________________________Mining District, in - - the County of_________________, in the State of__________________, - bounded and described as follows, to wit: - - The______________________Mill Site,beginning at Cor. No. 1_______ - - _________________________________________________________________ - - _________________________________________________________________ - - _________________________________________________________________ - - _________________________________________________________________ - - _________________________________________________________________ - - _________________________________________________________________ - - _________________________________________________________________ - - _________________________________________________________________ - - _________________________________________________________________ - - _________________________________________________________________ - - _________________________________________________________________ - - _________________________________________________________________ - - _________________________________________________________________ - - _________________________________________________________________ - - _________________________________________________________________ - - _________________________________________________________________ - - _________________________________________________________________ - - together with all and singular the hereditaments and - appurtenances thereunto belonging or in anywise appertaining. - - Witness______hand_____and seal______, this__________day - - of________, 19____. - - _______________________________[SEAL] - - _______________________________[SEAL] - - _______________________________[SEAL] - - _______________________________[SEAL] - - _______________________________[SEAL] - - _______________________________[SEAL] - - _______________________________[SEAL] - - _______________________________[SEAL] - - ------------------------------------------------------------------ - APPENDIX #14 - - - - - INDEX - - -First number indicates chapter. Second number indicates section of that -chapter. - - Accuracy (survey): 5–2, 5–5, 5–13 - - Acquired Lands: 1–25 - - Act of 1866 (lodes): 1–5 - - Act of 1870 (placers): 1–6 - - Act of 1872 (general mining laws): 1–7 - - Act of 1884 (Alaska): 1–9 - - Act of 1892 (building stone): 1–10 - - Act of 1904 (monuments to control): 1–13 - - Act of 1920 (mineral leasing): 1–14 - - Act of 1947 (materials): 1–15 - - Act of 1954 (multiple use): 1–16 - - Act of 1955 (common varieties): 1–17 - - Act of 1955 (power sites): 1–18 - - Act of 1960 (mill sites): 1–19 - - Act of 1962 (petrified wood): 1–20 - - Act of 1970 (geothermal steam): 1–21 - - Act of 1976 (recordation): 1–22 - - Additional and Amended Location Certificate: 2–13, 4–6 - - Additional Notes and Certificate on Plat: 5–18 - - Alaska: 1–9, 1–23, 1–24 - - Alaska Native Claims: 1–23 - - Alaska Public Sale Act: 1–24 - - Amended Location: 2–13, 5–1, 5–3, 5–20 - - Amended (Supplemental) Order for Survey: 4–6, 4–7, 5–3, 5–21 - - Amended Survey: 5–19 - - Annual Assessment Work: 2–4, 2–12 - - Apex Law: 1–49 - - Application for Patent: 2–6 - - Application for Survey: 4–4 - - Approval of Survey: 5–15 - - Areas: 5–8, 5–10, 5–12, 5–13 - - Areas subject to special mining laws: 1–24 - - Assays: 2–1 - - Attorney-at-Law: 1–43, 4–3 - - Azimuth: 5–10 - - - Bearing rocks: 5–4 - - Bearing trees: 5–4, 5–10 - - Bedded deposits: 1–48, 2–1, 5–3, 5–5 - - Blanket veins: 5–3, 5–5 - - Building stone: 1–10 - - Burden of proof: 2–1, 2–12 - - - Calculations: 5–8, 5–13 - - Cancelled Survey: 4–6, 5–16 - - Cancelled Survey Order: 4–6, 4–8, 5–17 - - Cemeteries: 5–3 - - Change of claim boundaries: 2–13 - - Claim records: 4–5, 5–1 - - Claim staking: 2–3 - - Closures: 5–13 - - Coal Surveys: 5–3 - - Common Improvement: 1–47, 5–5 - - Common Varieties: 1–17 - - Conflicts: 5–3, 5–8, 5–12, 5–13 - - Coordinates - Geographic: 5–10, 5–12 - Plane: 5–1 - - Corner accessories: 5–4 - - Corner markings: 2–3, 5–10 - - Corner numbers: 2–3 - - Corners on patented land: 2–3 - - Corner ties: 2–3, 5–3, 5–8, 5–12 - - - Death Valley National Monument, California: 1–24 - - Descriptive Report (placer claims): 5–6 - - Discovery: 1–47, 2–1, 2–4, 5–3 - - Discovery lost: 2–1 - - Discovery paint: 2–2, 5–3, 5–12 - - Discovery shaft: 2–3 - - Discovery work: 2–2, 2–5, 5–1, 5–5 - - Drill logs: 2–1 - - - Electronic distance measurement: 5–2 - - End center monuments: 2–3 - - End lines: 1–49, 2–3, 5–12 - - Errors: 5–12, 6–5 - - Exchanges: 1–23 - - Extralateral Rights: 1–49 - - - Field Notes: 5–10, 5–11, 5–12, 5–18 - - Fissionable source material: 1–23 - - Float: 2–1 - - - Goethermal steam: 1–25 - - Glacier Bay National Monument, Alaska: 1–24 - - - Homestead Entry Surveys: 5–3 - - - Improvements: 5–5, 5–7, 5–10, 5–12, 5–15, 5–21 - - Indemnity Grants: 1–23 - - Instruments: 5–2, 5–10 - - Intersections: 5–8, 5–10, 5–12, 5–13 - - - Junior claim: 1–49 - - - Kings Range National Conservation Area, California: 1–24 - - Known lodes in placers: 2–4 - - - Leasing Act: 1–14 - - Length: 2–3, 2–6, 4–6, 5–3, 5–12 - - Location: 2–3, 2–6, 2–8, 2–9, 5–3, 5–10, 5–12 - - Location certificate: 2–3, 2–6, 4–6, 5–10 - - Location monument: 5–3 - - Location notice: 2–3, 2–6, 2–7 - - Location survey: 2–3 - - Lode v. Placer: 2–1 - - Lode claims: 1–5, 1–7, 2–1, 2–2, 2–3 - - Lode line: 5–12 - - - Magnetic Declination: 5–12 - - Marketability: 2–1, 2–4 - - Materials Act: 1–15 - - Measurements: 5–2, 5–10 - - Metes and bounds: 2–3, 4–6 - - Mill Sites: 1–7, 1–19, 2–7, 2–8, 5–7 - - Mineral, definition: 2–1 - - Mineral Examiner: 2–1 - - Mineral Monuments: 5–3 - - Mineral Survey: 2–6 - - Mineral Surveyor - Appointment: 3–1, 3–2, 3–3, 3–4, 3–5, 3–6 - Contracts: 3–14, 3–15, 3–16, 3–17, 4–4.7 - Duties: 3–10, 3–11, 3–12, 3–13 - Examination: 3–9 - Qualifications: 3–7, 3–8 - Restrictions: 3–18, 3–19, 3–20 - Selection of: 4–2 - - Mining Districts: 1–1, 1–2, 1–3 - - Mt. McKinley National Park, Alaska: 1–24 - - Multiple Use: 1–16 - - - National Forests: 1–23, 4–6 - - National Parks and Monuments: 1–24, 4–6 - - Native graves: 5–3 - - Navigable water: 1–50 - - New legislation, update: 1–25 - - New survey required: 5–20 - - Number of claims: 2–3, 2–6, 2–8, 4–4.7 - - - O & C Lands: 1–24 - - Oil shale placer claims: 1–24 - - Olympic National Park, Washington: 1–24 - - Order for Survey: 4–6, 5–17 - - Organ Pipe Cactus National Monument, Arizona: 1–24 - - - Papago Indian Reservation, Arizona: 1–24 - - Patent - Exclusion of abandoned claim: 5–23 - In two parts: 5–24 - Long after survey: 5–22 - - Patent expenditure: 1–47, 5–5, 5–15, 5–21 - - Patent survey - Departures from normal procedure: 5–16 to 5–24 incl. - Field work: 5–1 to 5–7 incl. - Office work: 5–8 to 5–11 incl. - Processing: 5–12 to 5–15 incl. - Required: 4–1, 5–6, 5–7 - - Petrified Wood: 1–20 - - Placer claims: 1–6, 1–7, 2–4, 2–5, 2–6, 5–6 - - Placer v. Lode: 2–1 - - Plats: 5–9, 5–11, 5–14, 5–16, 5–18, 5–19, 6–4 - - Power Sites: 1–18 - - Prescott, Arizona Watershed: 1–24 - - - Railroad Grants: 1–23 - - Recording: 1–7, 1–22, 2–11, 2–12 - - Reference Monument: 5–4 - - Relocation: 2–13, 5–20 - - Reservations: 1–23 - - Restoration of lost or obliterated corners: 5–3, 6–1 - - Resurveys: 6–2 - - Rights-of-way: 5–3 - - Riparian Rights: 1–50 - - Rule of approximation: 2–6 - - - School Grants: 1–23 - - Senior claim: 1–49 - - Segregation Surveys: 6–3 - - Severance: 1–23 - - Side center monuments: 2–3 - - Size of claims: 2–3, 2–6, 2–7, 4–6 - - Spanish Land Grants: 1–23 - - Special Surveys: 5–3 - - State mining laws, general: 1–27 - Alaska: 1–28 - Arizona: 1–29 - Arkansas: 1–30 - California: 1–31 - Colorado: 1–32 - Florida: 1–33 - Idaho: 1–34 - Louisiana: 1–35 - Mississippi: 1–36 - Montana: 1–37 - Nebraska: 1–38 - Nevada: 1–39 - New Mexico: 1–40 - North Dakota: 1–41 - Oregon: 1–42 - South Dakota: 1–43 - Utah: 1–44 - Washington: 1–45 - Wyoming: 1–46 - - Stockraising Homesteads: 1–23, 5–3 - - Supplemental Plat: 5–16, 6–4 - - Survey methods: 2–3, 5–2 - - Survey records: 4–5, 5–1 - - Surveyor and The Law: 1–47, 1–48 - - - Thorium: 1–23 - - Townsites: 1–23, 5–3 - - Trace of mineral: 2–1, 2–4 - - Transit and Tape: 5–2 - - Tunnel Sites: 2–9, 2–10 - - - U.S. Marshall: 5–1 - - U.S. Surveys: 5–3 - - Unapproved survey: 5–17 - - Underground discovery: 2–1, 2–2 - - Uranium: 1–23 - - Use, mill site: 2–8 - - - Valuable mineral deposit: 2–1 - - - Width: 2–3, 2–6, 4–6, 5–3, 5–12 - - Wilderness Areas: 1–24 - - Witness Corner: 5–4 - - Withdrawals: 1–23, 4–5 - - - GPO 857–030 - ------------------------------------------------------------------------- - - - - - TRANSCRIBER’S NOTES - - - 1. Silently corrected typographical errors and variations in spelling. - 2. Archaic, non-standard, and uncertain spellings retained as printed. - 3. Enclosed italics font in _underscores_. - 4. Enclosed bold font in =equals=. - - - - - -End of Project Gutenberg's Mineral Survey Procedures Guide, by Various - -*** END OF THIS PROJECT GUTENBERG EBOOK MINERAL SURVEY PROCEDURES GUIDE *** - -***** This file should be named 62462-0.txt or 62462-0.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/6/2/4/6/62462/ - -Produced by Richard Tonsing and the Online Distributed -Proofreading Team at https://www.pgdp.net - - -Updated editions will replace the previous one--the old editions -will be renamed. - -Creating the works from public domain print editions means that no -one owns a United States copyright in these works, so the Foundation -(and you!) can copy and distribute it in the United States without -permission and without paying copyright royalties. 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