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