Cadastres -- United States; Mineral resources conservation -- United States
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.
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