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
=1–26= Update: In order that mineral surveyors may keep abreast of new
laws it is desirable that the Office of Chief, Division of Cadastral
Survey, Washington, D.C. keep the mineral surveyors advised, furnishing
copies of the Acts and pertinent regulations, so far as it is
practicable to do so. Mineral surveyors may also keep abreast of new
legislation through the local offices of the BLM, their congressmen and
by becoming members of local mining associations and attending their
meetings.
State Mining Laws
=1–27= Both the Acts of 1866 and 1872 provided for recognition of
“_local customs or rules of miners_ in the several mining districts so
far as the same are applicable and not inconsistent with the laws of the
United States.”
(R.S. 2319, 30 U.S.C. 22). C.F.R. 3831.1 states in part “(c) _complying
with_ the _State Laws_, regarding the recording of the location in the
county recorder’s office, discovery work, etc. As supplemental to the
United States mining laws there are _State statutes_ relative to
location, manner of recording of mining claims, etc., in the State,
which should also be observed in the location of mining claims.”
43 C.F.R. 3841.4–2 states in part: “... 600 feet in width, but whether
surface ground of that width can be taken depends upon the local
regulations of _State or Territorial laws_ in force ....” and 43 C.F.R.
3841.4–6 “the location notice must be filed for record in all respects
as required by the _State or Territorial laws_, and local rules and
regulations if there be any.”
Requirements of State law as to mining locations must be complied with
if they are not repugnant to the United States mining laws. South Dakota
v. Madill, 53 I.D. 195 (1930).
It is very clear that State laws must be complied with and some states
go so far as to state that if the essentials of discovery and location
are not complied with, the claim shall be null and void. Also, location
certificates that do not contain the information set forth in the law,
including an adequate description, shall be void.
The mineral surveyors cannot ignore state law, yet there are areas where
they should not force the claimant to comply, such as failure to do the
necessary discovery work as long as a discovery point has been
designated. In such cases the claimant should be advised of the apparent
discrepancy. At his insistence, the survey should be executed and
processed to show the facts and conditions as they exist, leaving the
matter to adjudication during patent proceedings. On the other hand, an
inadequate description in the location certificate is justification for
requiring an amended certificate.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account