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