Cadastres -- United States; Mineral resources conservation -- United States
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.”
Public-domain text, read in full here on John Shaqi.
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