(b) It does not follow that because mining surveys are required to
exhibit all conflicts with prior surveys the area of conflict with
prior surveys the area of conflict are to be excluded. The field
notes and plat are made a part of the application for patent, and
care should be taken that the description does not inadvertently
exclude portions intended to be retained. The application for
patent should state the portions to be excluded in express terms.
§ 3861.2-2 Certificate
of expenditures and improvements.
top
(a) The
claimant at the time of filing the application for patent, or at
any time within the 60 days of publication, is required to file
with the authorized officer a certificate of the office cadastral
engineer that not less than $500 worth of labor has been expended
or improvements made, by the applicant or his grantors, upon each
location embraced in the application, or if the application
embraces several contiguous locations held in common, that an
amount equal to $500 for each location has been so expended upon,
and for the benefit of, the entire group; that the plat filed by
the claimant is correct; that the field notes of the survey, as
filed, furnish such an accurate description of the claim as will,
if incorporation in a patent, serve to identify the premises
fully, and that such reference is made therein to natural objects
or permanent monuments as will perpetuate and fix the locus
thereof.
(b) In case
of a lode and mill-site claim in the same survey the expenditure
of $500 must be shown upon the lode claim.
§ 3861.2-3 Mineral
surveyor's report of expenditures and improvements.
top
(a) In the
mineral surveyor's report of the value of the improvements all
actual expenditures and mining improvements made by the claimant
or his grantors, having a direct relation to the development of
the claim, must be included in the estimate.
(b) The
expenditures required may be made from the surface or in running a
tunnel, drifts, or crosscuts for the development of the claim.
Expenditures for drill holes for the purpose of prospecting and
securing data upon which further development of a group of lode
mining claims held in common may be based are available toward
meeting the statutory provision requiring an expenditure of $500
as a basis for patent as to all of the claims of the group
situated in close proximity to such common improvement.
Improvements of any other character, such as buildings, machinery,
or roadways, must be excluded from the estimate, unless it is
shown clearly that they are associated with actual excavations,
such as cuts, tunnels, shafts, etc., are essential to the
practical development of and actually facilitate the extraction of
mineral from the claim.
(c)
Improvements made by a former locator who has abandoned his claim
cannot be included in the estimate, but should be described and
located in the notes and plat.
§ 3861.2-4 Supplemental
proof of expenditures and improvements.
top
If the value
of the labor and improvements upon a mineral claim is less than
$500 at the time of survey the mineral surveyor may file with the
cadastral engineer supplemental proof showing $500 expenditure
made prior to the expiration of the period of publication.
§ 3861.2-5 Amended
mineral surveys.
top
(a) Inasmuch
as amended surveys are ordered only by special instructions from
the Bureau of Land Management, and the conditions and
circumstances peculiar to each separate case and the object sought
by the required amendment, alone govern all special matters
relative to the manner of making such survey and the form and
subject matter to be embraced in the field notes thereof, but few
general rules applicable to all cases can be laid down.
(b) The
expense of amended surveys, including amendment of plat and field
notes, and office work in the Bureau of Land Management office
will be borne by the claimant.
(c) The
amended survey must be made in strict conformity with, or be
embraced within, the lines of the original survey. If the amended
and original surveys are identical, that fact must be clearly and
distinctly stated in the field notes. If not identical, a bearing
and distance must be given from each established corner of the
amended survey to the corresponding corner of the original survey.
The lines of the original survey, as found upon the ground, must
be laid down upon the preliminary plat in such manner as to
contrast and show their relation to the lines of the amended
survey.
§ 3861.3 Mineral
surveyors.
top
§ 3861.3-1 Extent
of duties.
top
The duty of a
mineral surveyor in any particular case ceases when he has
executed the survey and returned the field notes and preliminary
plat, with his report, to the cadastral engineer. He will not be
allowed to prepare for the mining claimant the papers in support
of his application for patent. He is not permitted to combine the
duties of surveyor and notary public in the same case by
administering oaths. It is preferable that both preliminary and
final oaths of assistants should be taken before some officer duly
authorized to administer oaths, other than the mineral surveyor.
In cases, however, where great delay, expense, or inconvenience
would result from a strict compliance with this section, the
mineral surveyor is authorized to administer the necessary oaths
to his assistants, but in each case where this is done, he will
submit to the proper cadastral engineer a full written report of
the circumstances which required his stated action; otherwise he
must have absolutely nothing to do with the case, except in his
official capacity as surveyor. He will not employ field assistants
interested therein in any manner.
§ 3861.3-2 Assistants.
top
The employing
of claimants, their attorneys, or parties in interest, as
assistants in making surveys of mineral claims will not be
allowed.
§ 3861.4 Contract
for surveys.
top
§ 3861.4-1 Payment.
top
(a) The
claimant is required, in all cases, to make satisfactory
arrangements with the surveyor for the payment for his services
and those of his assistants in making the survey, as the United
States will not be held responsible for the same.
(b) The state
director has no jurisdiction to settle differences relative to the
payment of charges for field work, between mineral surveyors and
claimants. These are matters of private contract and must be
enforced in the ordinary manner, i.e., in the local courts. The
Department has, however, authority to investigate charges
affecting the official actions of mineral surveyors, and will, on
sufficient cause shown, suspend or revoke their appointment.
§ 3861.5 Appointment
and employment of mineral surveyors.
top
§ 3861.5-1 Appointment.
top
Pursuant to
section 2334 of the Revised Statutes (30 U.S.C. 39), the Director
or his delegate will appoint only a sufficient number of surveyors
for the survey of mining claims to meet the demand for that class
of work. Each appointee shall qualify as prescribed by the
Director or his delegate. Applications for appointment as a
mineral surveyor may be made at any office of the Bureau of Land
Management listed in §1821.2–1 of these regulations. A
roster of appointed mineral surveyors will be available at these
offices. Each appointee may execute mineral surveys in any State
where mineral surveys are authorized.
[38 FR 30001,
Oct. 31, 1973]
§ 3861.5-2 Employment.
top
A mineral
claimant may employ any United States mineral surveyor qualified
as indicated in paragraph (a) of this section to make the survey
of his claim. All expenses of the survey of mining claims and the
publication of the required notices of application for patent are
to be borne by the mining claimants.
§ 3861.6 Plats
and notices.
top
§ 3861.6-1 Payment
of charges of the public survey office.
top
With regard
to the platting of the claim and other office work in the Bureau
of Land Management office, including the preparation of the copies
of the plat and field notes to be furnished the claimant, that
office will make an estimate of the cost thereof, which amount the
claimant will deposit with it to be passed to the credit of the
fund created by “Deposits by Individuals for Surveying
Public Lands.”
§ 3861.7 Posting.
top
§ 3861.7-1 Plat and
notice to be posted on claim.
top
The claimant
is required to post a copy of the plat of survey in a conspicuous
place upon the claim, together with notice of his intention to
apply for a patent therefor, which notice will give the date of
posting, the name of the claimant, the name of the claim, the
number of the survey, the mining district and county, and the
names of adjoining and conflicting claims as shown by the plat of
survey.
§ 3861.7-2 Proof
of posting on the claim.
top
After posting
the said plat and notice upon the premises the claimant will file
with the proper manager two copies of such plat and the field
notes of survey of the claim, accompanied by two copies of the
statement of at least two credible witnesses that such plat and
notice are posted conspicuously upon the claim, giving the date
and place of such posting, and two copies of the notice so posted
to be attached to and form a part of said statement.
Subpart
3862—Lode Mining Claim Patent Applications
top
Source:
35 FR 9756, June 13, 1970, unless otherwise noted.
§ 3862.1 Lode claim
patent applications: General.
top
§ 3862.1-1 Application
for patent.
top
(a) At the
time the proof of posting is filed the claimant must file in
duplicate an application for patent showing that he has the
possessory right to the claim, in virtue of a compliance by
himself (and by his grantors, if he claims by purchase) with the
mining rules, regulations, and customs of the mining district or
State in which the claim lies, and with the mining laws of
Congress, such statement to narrate briefly, but as clearly as
possible, the facts constituting such compliance, the origin of
his possession, and the basis of his claim to a patent. The
application should contain a full description of the kind and
character of the vein or lode and should state whether ore has
been extracted therefrom; and if so, in what amount and of what
value. It should also show the precise place within the limits of
each of the locations embraced in the application where the vein
or lode has been exposed or discovered and the width thereof. The
showing in these regards should contain sufficient data to enable
representatives of the Government to confirm the same by
examination in the field and also enable the Bureau of Land
Management to determine whether a valuable deposit of mineral
actually exists within the limits of each of the locations
embraced in the application.
(b) Every
application for patent, based on a mining claim located after
August 1, 1946, shall state whether the claimant has or has not
had any direct or indirect part in the development of the atomic
bomb project. The application must set forth in detail the exact
nature of the claimant's participation in the project, and must
also state whether as a result of such participation he acquired
any confidential, official information as to the existence of
deposits of uranium, thorium, or other fissionable source
materials in the lands covered by his application.
(c) In
applying for patent to a mining claim embracing land lying partly
within one proper office and partly within another, a full set of
papers must be filed in each office, except that one abstract of
title and one proof of patent expenditures will be sufficient.
Only one newspaper publication and one posting on the claim will
be required, but proof thereof must be filed in both offices, the
statements as to posting plat and notice on the claim to be signed
within the respective land districts, as well, also, as all of the
other statements required in mineral patent proceedings, except
such as, under the law, may be signed outside of the land district
wherein the land applied for is situated. Publication, payment of
fees, and the purchase price of the land will be further governed
by the provisions of §§1823.4(a) and 1861.2 of this
chapter.
§ 3862.1-2 Fees.
top
An applicant
for a lode mining claim patent must pay fees as described in
§3860.1.
[70 FR 58880,
Oct. 7, 2005]
§ 3862.1-3 Evidence
of title.
top
(a) Each
patent application must be supported by either a certificate of
title or an abstract of title certified to by the legal custodian
of the records of locations and transfers of mining claims or by
an abstracter of titles. The certificate of title or certificate
to an abstract of title must be by a person, association, or
corporation authorized by the State laws to execute such a
certificate and acceptable to the Bureau of Land Management.
(b) A
certificate of title must conform substantially to a form approved
by the Director.
(c) Each
certificate of title or abstract of title must be accompanied by
single copies of the certificate or notice of the original
location of each claim, and of the certificates of amended or
supplemental locations thereof, certified to by the legal
custodian of the record of mining locations.
(d) A
certificate to an abstract of title must state that the abstract
is a full, true, and complete abstract of the location
certificates or notices, and all amendments thereof, and of all
deeds, instruments, or actions appearing of record purporting to
convey or to affect the title to each claim.
(e) The
application for patent will be received and filed if the
certificate of title or an abstract is brought down to a day
reasonably near the date of the presentation of the application
and shows full title in the applicant, who must as soon as
practicable thereafter file a supplemental certificate of title or
an abstract brought down so as to include the date of the filing
of the application.
§ 3862.1-4 Evidence
relating to destroyed or lost records.
top
In the event
of the mining records in any case having been destroyed by fire or
otherwise lost, a statement of the fact should be made, and
secondary evidence of possessory title will be received, which may
consist of the statement of the claimant, supported by those of
any other parties cognizant of the facts relative to his location,
occupancy, possession, improvements, etc.; and in such case of
lost records, any deeds, certificates of location or purchase, or
other evidence which may be in the claimant's possession and tend
to establish his claim, should be filed.
§ 3862.1-5 Statement
required that land is unreserved, unoccupied, unimproved, and
unappropriated.
top
Each person
making application for patent under the mining laws, for lands in
Alaska, must furnish a duly corroborated statement showing that no
portion of the land applied for is occupied or reserved by the
United States, so as to prevent its acquisition under said laws;
that the land is not occupied or claimed by natives of Alaska; and
that the land is unoccupied, unimproved and unappropriated by any
person claiming the same other than the applicant.
§ 3862.2 Citizenship.
top
§ 3862.2-1 Citizenship
of corporations and of associations acting through agents.
top
The proof
necessary to establish the citizenship of applicants for mining
patents must be made in the following manner: In case of an
incorporated company, a certified copy of its charter or
certificate of incorporation must be filed. In case of an
association of persons unincorporated, the statement of their duly
authorized agent, made upon his own knowledge or upon information
and belief, setting forth the residence of each person forming
such association, must be submitted. This statement must be
accompanied by a power of attorney from the parties forming such
association, authorizing the person who makes the citizenship
showing to act for them in the matter of their application of
patent.
§ 3862.2-2 Citizenship
of individuals.
top
(a) In case
of an individual or an association of individuals who do not
appear by their duly authorized agent, the statement of each
applicant, showing whether he is a native or naturalized citizen,
when and where born, and his residence, will be required.
(b) In case
an applicant has declared his intention to become a citizen or has
been naturalized, his statement must show the date, place, and the
court before which he declared his intention, or from which his
certificate of citizenship issued, and present residence.
§ 3862.2-3 Trustee
to disclose nature of trust.
top
Any party
applying for patent as trustee must disclose fully the nature of
the trust and the name of the cestui que trust; and such trustee,
as well as the beneficiaries, must furnish satisfactory proof of
citizenship; and the names of beneficiaries, as well as that of
the trustee, must be inserted in the final certificate of entry.
§ 3862.3 Possessory
rights.
top
§ 3862.3-1 Right by
occupancy.
top
(a) The
provisions of R.S. 2332 (30 U.S.C. 38), greatly lessen the burden
of proof, more especially in the case of old claims located many
years since, the records of which, in many cases, have been
destroyed by fire, or lost in other ways during the lapse of time,
but concerning the possessory right to which all controversy or
litigation has long been settled.
(b) When an
applicant desires to make his proof of possessory right in
accordance with this provision of law, he will not be required to
produce evidence of location, copies of conveyances, or abstracts
of title, as in other cases, but will be required to furnish a
duly certified copy of the statute of limitation of mining claims
for the State, together with his statement giving a clear and
succinct narration of the facts as to the origin of his title, and
likewise as to the continuation of his possession of the mining
ground covered by his application; the area thereof; the nature
and extent of the mining that has been done thereon; whether there
has been any opposition to his possession, or litigation with
regard to his claim, and if so, when the same ceased; whether such
cessation was caused by compromise or by judicial decree, and any
additional facts within the claimant's knowledge having a direct
bearing upon his possession and bona fides which he may
desire to submit in support of his claim.
§ 3862.3-2 Certificate
of court required.
top
There should
likewise be filed a certificate, under seal of the court having
jurisdiction of mining cases within the judicial district
embracing the claim, that no suit or action of any character
whatever involving the right of possession to any portion of the
claim applied for is pending, and that there has been no
litigation before said court affecting the title to said claim or
any part thereof for a period equal to the time fixed by the
statute of limitations for mining claims in the State as aforesaid
other than that which has been finally decided in favor of the
claimant.
§ 3862.3-3 Corroborative
proof required.
top
The claimant
should support his narrative of facts relative to his possession,
occupancy, and improvements by corroborative testimony of any
disinterested person or persons of credibility who may be
cognizant of the facts in the case and are capable of testifying
understandingly in the premises.
§ 3862.4 Publication
of notice.
top
§ 3862.4-1 Newspaper
publication.
top
Upon the
receipt of applications for mineral patent and accompanying
papers, if no reason appears for rejecting the application, the
authorized officer will, at the expense of the claimant (who must
furnish the agreement of the publisher to hold applicant for
patent alone responsible for charges of publication), publish a
notice of such application for the period of 60 days in a
newspaper published nearest to the claim. If the notice is
published in a daily paper, it shall be published in the Wednesday
issue for nine consecutive weeks; if weekly, in nine consecutive
issues; if semiweekly or triweekly, in the issue of the same day
of each week for nine consecutive weeks. In all cases the first
day of issues shall be excluded in estimating the period of 60
days.
[35 FR 9756,
June 13, 1970, as amended at 41 FR 21642, May 27, 1976]
§ 3862.4-2 Contents
of published notice.
top
The notices
published as required by the preceding section must embrace all
the data given in the notice posted upon the claim. In addition to
such data the published notice must further indicate the locus of
the claim by giving the connecting line, as shown by the field
notes and plat, between a corner of the claim and a United States
mineral monument or a corner of the public survey, and thence the
boundaries of the claim by courses and distances.
§ 3862.4-3 Authorized
officer to designate newspaper.
top
The
authorized officer shall have the notice of application for patent
published in a paper of established character and general
circulation, to be by him designated as being the newspaper
published nearest the land.
§ 3862.4-4 Charges
for publication.
top
(a) The
charge for the publication of notice of application for patent in
a mining case in all districts shall not exceed the legal rates
allowed by the laws of the several States for the publication of
legal notices wherein the notice is published.
(b) It is
expected that these notices shall not be so abbreviated as to
curtail the description essential to a perfect notice, and on the
other hand that they shall not be of unnecessary length. The
printed matter must be set solid without paragraphing or any
display in the heading and shall be in the usual body type used in
legal notices. If other type is used, no allowance will be made
for additional space on that account. The number of solid lines
only used in advertising by actual count will be allowed. All
abbreviations and copy must be strictly followed. The following is
a sample of advertisement set up in accordance with Government
requirements and contains all the essential data necessary for
publication:
M.
A. No. 04421, U. S. Land Office, Elko, Nevada, October 5, 1921.
Notice is hereby given that the Jarbidge Buhl Mining Company by W.
H. Hudson, attorney in fact, of Jarbidge, Nevada, has made
application for patent to the Altitude, Altitude No. 1, Altitude
No. 3, and Altitude Annex, lode mining claims. Survey No. 4470, in
unsurveyed T. 46 N., R. 58 E., M. D. B. and M., in the Jarbidge
mining district, Elko County, Nevada, described as follows:
Beginning at corner No. 1, Altitude No. 3, whence the quarter
corner of the south boundary of sec. 34 T. 46 N., R. 58 E., M. D.
B. and M., bears south 41°54' west 7285.63 feet, thence north
20°14' west 1500 feet to corner No. 2 of said lode; thence
north 69°46' east 569 feet to corner No. 3 of said lode;
thence south 20°14' east 417.5 feet to corner 2, Altitude No.
1; thence north 69°46' east 1606.1 feet to corner No. 3,
Altitude lode; thence south 20°14' east 1500 feet, to corner
No. 4 of said lode; thence south 69°46' west 1606.1 feet, to
corner No. 1, Altitude No. 1 lode; thence North 20°14' west
417.5 feet to corner No. 4, Altitude No. 3; thence south 69°46'
west 569 feet to point of beginning. There are no adjoining or
conflicting claims. The location notices are recorded in Book 17,
pages 373 and 374, and in Book 15, pages 52 and 53, mining
locations, Elko County, Nevada, John E. Robbins, Manager.
(c) For the
publication of citations in contests or hearings, involving the
character of lands, the charges may not exceed the rates provided
for similar notices by the law of the State.
§ 3862.4-5 Proof
by applicant of publication and posting.
top
After the
60-day period of newspaper publication has expired, the claimant
will furnish from the office of publication a sworn statement that
the notice was published for the statutory period, giving the
first and last day of such publication, and his own statement
showing that the plat and notice aforesaid remained conspicuously
posted upon the claim sought to be patented during said 60-day
publication, giving the dates.
§ 3862.4-6 Payment
of purchase price and statement of charges and fees.
top
Upon the
filing of the statement required by the preceding section, the
authorized officer will, if no adverse claim was filed in his
office during the period of publication, and no other objection
appears, permit the claimant to pay for the land to which he is
entitled at the rate of $5 for each acre and $5 for each
fractional part of an acre, except as otherwise provided by law,
issuing the usual receipt therefor. The claimant will also make a
statement of all charges and fees paid by him for publication and
surveys, together with all fees and money paid the authorized
officer of the proper office, and a patent shall be issued thereon
if found regular.
§ 3862.5 Entry
and transfers.
top
§ 3862.5-1 Allowance
of entry; transfers subsequent to application not recognized.
top
No entry will
be allowed until the authorized officer has satisfied himself, by
careful examination, that proper proofs have been filed upon the
points indicated in the law and official regulations. Transfers
made subsequent to the filing of the application for patent will
not be considered, but entry will be allowed and patent issued in
all cases in the name of the applicant for patent, the title
conveyed by the patent, of course, in each instance inuring to the
transferee of such applicant where a transfer has been made
pending the application for patent.
§ 3862.6 Diligent
prosecution.
top
§ 3862.6-1 Failure
to prosecute application with diligence.
top
The failure
of an applicant for patent to a mining claim to prosecute his
application to completion, by filing the necessary proofs and
making payment for the land, within a reasonable time after the
expiration of the period of publication of notice of the
application, or after the termination of adverse proceedings in
the courts, constitutes a waiver by the applicant of all rights
obtained by the earlier proceedings upon the application.
§ 3862.7 Application
processing upon contest or protest.
top
§ 3862.7-1 Resumption
of patent proceedings after suspension due to adverse claim or
protest.
top
The
proceedings necessary to the completion of an application for
patent to a mining claim, against which an adverse claim or
protest has been filed, if taken by the applicant at the first
opportunity afforded therefor under the law and departmental
practice, will be as effective as if taken at the date when, but
for the adverse claim or protest, the proceedings on the
application could have been completed.
§ 3862.8 Patents
for mining claims.
top
§ 3862.8-1 Land
descriptions in patents.
top
The land
description in a patent for a lode mining claim, for a millsite,
or for a placer claim not consisting of legal subdivisions, shall
hereafter consist of the names and survey numbers of the claims
being patented and those being excluded, or of the names of the
excluded claims if they are unsurveyed, or of the legal
subdivisions of excluded land covered by homestead or other
nonmineral entry. The land description shall refer to the field
notes of survey and the plat thereof for a more particular
description and the patent shall expressly make them a part
thereof. Where shown by the mineral entry the patent shall give
the actual or approximate legal subdivision, section, township and
range, the name of the county and of the mining district, if any,
wherein the claims are situated. A copy of the plat and field
notes of each mineral survey patented will be furnished to the
patentee.
§ 3862.9 Public
availability of information.
top
(a) All data
and information concerning Federal and Indian minerals submitted
under this part 3860 are subject to part 2 of this title. Part 2
of this title includes the regulations of the Department of the
Interior covering the public disclosure of data and information
contained in Department of the Interior records. Certain mineral
information not protected from public disclosure under part 2 of
this title may be made available for inspection without a Freedom
of Information Act (5 U.S.C. 552) request.
(b) When you
submit data and information under this part 3860 that you believe
to be exempt from disclosure to the public, you must clearly mark
each page that you believe includes confidential information. BLM
will keep all data and information confidential to the extent
allowed by §2.13(c) of this title.
[63 FR 52955,
Oct. 1, 1998]
Subpart
3863—Placer Mining Claim Patent Applications
top
Source:
35 FR 9758, June 13, 1970, unless otherwise noted.
§ 3863.1 Placer
mining claim patent applications: General.
top
(a) The
proceedings to obtain patents for placer claims, including all
forms of mineral deposits excepting veins of quartz or other rock
in place, are similar to the proceedings prescribed for obtaining
patents for vein or lode claims; but where a placer claim shall be
upon surveyed lands, and conforms to legal subdivisions, no
further survey or plat will be required. Where placer claims
cannot be conformed to legal subdivisions, survey and plat shall
be made as on unsurveyed lands.
(b) The price
of placer claims is fixed at $2.50 per acre or fractional part of
an acre.
(c) An
applicant for a placer mining claim patent must pay fees as
described in §3860.1.
[35 FR 9758,
June 13, 1970, as amended at 70 FR 58880, Oct. 7, 2005]
§ 3863.1-1 Application
for patent.
top
§ 3863.1-2 Proof of
improvements for patent.
top
The proof of
improvements must show their value to be not less than $500 and
that they were made by the applicant for patent or his grantors.
This proof should consist of the statement of two or more
disinterested witnesses.
§ 3863.1-3 Data
to be filed in support of application.
top
(a) In placer
applications, in addition to the recitals necessary in and to both
vein or lode and placer applications, the placer application
should contain, in detail, such data as will support the claim
that the land applied for is placer ground containing valuable
mineral deposits not in vein or lode formation and that title is
sought not to control water courses or to obtain valuable timber
but in good faith because of the mineral therein. This statement,
of course, must depend upon the character of the deposit and the
natural features of the ground, but the following details should
be covered as fully as possible: If the claim be for a deposit of
placer gold, there must be stated the yield per pan, or cubic
yard, as shown by prospecting and development work, distance to
bedrock, formation and extent of the deposit, and all other facts
upon which he bases his allegation that the claim is valuable for
its deposits of placer gold. If it be a building stone or other
deposit than gold claimed under the placer laws, he must describe
fully the kind, nature, and extent of the deposit, stating the
reasons why same is by him regarded as a valuable mineral claim.
He will also be required to describe fully the natural features of
the claim; streams, if any, must be fully described as to their
course, amount of water carried, fall within the claim; and he
must state kind and amount of timber and other vegetation thereon
and adaptability to mining or other uses.
(b) If the
claim be all placer ground, that fact must be stated in the
application and corroborated by accompanying proofs; if of mixed
placers and lodes, it should be so set out, with a description of
all known lodes situated within the boundaries of the claim. A
specific declaration, such as is required by R.S. 2333 (30 U.S.C.
37) must be furnished as to each lode intended to be claimed. All
other known lodes are, by the silence of the applicant, excluded
by law from all claim by him, of whatsoever nature, possessory or
otherwise.
(c) While
these data are required as a part of the mineral surveyor's report
in case of placers taken by special survey, it is proper that the
application for patent incorporate these facts.
(d) Inasmuch
as in case of claims taken by legal subdivisions, no report by a
mineral surveyor is required, the claimant, in his application in
addition to the data above required, should describe in detail the
shafts, cuts, tunnels, or other workings claimed as improvements,
giving their dimensions, value, and the course and distance
thereof to the nearest corner of the public surveys.
(e) The
statement as to the description and value of the improvements must
be corroborated by the statements of two disinterested witnesses.
The proof showing must be made in duplicate. See 51 L.D. 265 and
52 L.D. 190.
(f)
Applications awaiting entry, whether published or not, must be
made to conform to this part, with respect to proof as to the
character of the land. Entries already made will be suspended for
such additional proofs as may be deemed necessary in each case.
§ 3863.1-4 Applications
for placers containing known lodes.
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Applicants
for patent to a placer claim, who are also in possession of a
known vein or lode included therein, must state in their
application that the placer includes such vein or lode. The
published and posted notices must also include such statement. If
veins or lodes lying within placer locations are owned by other
parties, the fact should be distinctly stated in the application
for patent and in all the notices. But in all cases whether the
lode is claimed or excluded, it must be surveyed and marked upon
the plat, the field notes and plat giving the area of the lode
claim or claims and the area of the placer separately. An
application which omits to claim such known vein or lode must be
construed as a conclusive declaration that the applicant has no
right of possession to the vein or lode. Where there is no known
lode or vein, the fact must appear by the statement of two or more
witnesses.
Subpart
3864—Millsite Patents
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Source:
35 FR 9758, June 13, 1970, unless otherwise noted.
§ 3864.1 Millsite
patents: General.
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§ 3864.1-1 Application
for patent.
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(a) Land
entered as a millsite must be shown to be nonmineral. Millsites
are simply auxiliary to the working of mineral claims. R.S. 2337
(30 U.S.C. 42) provides for the patenting of millsites.
(b) To avail
themselves of this provision of law, parties holding the
possessory right to a vein or lode claim, and to a piece of
nonmineral land not contiguous thereto for mining or milling
purposes, not exceeding the quantity allowed for such purpose by
R.S. 2337, or prior laws, under which the land was appropriated,
the proprietors of such vein or lode may file in the proper office
their application for a patent, which application, together with
the plat and field notes, may include, embrace, and describe, in
addition to the vein or lode claim, such noncontiguous millsite,
and after due proceedings as to notice, etc., a patent will be
issued conveying the same as one claim. The owner of a patented
lode may, by an independent application, secure a millsite, if
good faith is manifest in its use or occupation in connection with
the lode and no adverse claim exists.
(c) The Act
of March 18, 1960 (74 Stat. 7; 43 U.S.C. 42(b)), amends R.S. 2337
to allow the holders of possessory right in a placer claim to hold
nonmineral land for mining, milling, processing beneficiation, or
other operations in connection with the placer claim. Applications
for patent for such millsites are subject to the same requirements
as to survey and notice as one applicable to placer mining claims.
No one millsite may exceed five acres and payment will be $2.50
per acre or fraction thereof.
§ 3864.1-2 Millsites
applied for in conjunction with a lode claim.
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Where the
original survey includes a lode claim and also a millsite the lode
claim should be described in the plat and field notes as “Sur.
No. 37, A,” and the millsite as “Sur. No. 37, B,”
or whatever may be its appropriate numerical designation; the
course and distance from a corner of the millsite to a corner of
the lode claim to be invariably given in such plat and field
notes, and a copy of the plat and notice of application for patent
must be conspicuously posted upon the millsite as well as upon the
vein or lode claim for the statutory period of 60 days. In making
the entry no separate receipt or certificate need be issued for
the millsite, but the whole area of both lode and millsite will be
embraced in one entry, the price being $5 for each acre and
fractional part of an acre embraced by such lode and millsite
claim.
§ 3864.1-3 Millsites
for quartz mills or reduction works.
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In case the
owner of a quartz mill or reduction works is not the owner or
claimant of a vein or lode claim the law permits him to make
application therefor in the same manner prescribed for mining
claims, and after due notice and proceedings, in the absence of a
valid adverse filing, to enter and receive a patent for his
millsite at the price named in the preceding section.
§ 3864.1-4 Proof
of nonmineral character.
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In every case
there must be satisfactory proof that the land claimed as a
millsite is not mineral in character, which proof may, where the
matter is unquestioned, consist of the statement of two or more
persons capable, from acquaintance with the land to testify
understandingly.
§ 3864.1-5 Fees.
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An applicant
for a millsite patent must pay fees as described in §3860.1.
[70 FR 58880, Oct. 7, 2005]
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