Mineral Survey Procedures Guide, 1980 — John Shaqi
Mineral Survey Procedures Guide, 1980
Science
Mineral Survey Procedures Guide, 1980
Cadastres -- United States; Mineral resources conservation -- United States
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.”
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