43 CFR 3832.12 - When I record a mining claim or site, how do I describe the lands I have claimed?

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§ 3832.12 When I record a mining claim or site, how do I describe the lands I have claimed?

(a)General requirements.

(1) All claims and sites. You must describe the land by state, meridian, township, range, section and by aliquot part to the quarter section. To obtain the land description, you must use an official survey plat or other U.S. Government map that is based on the surveyed or protracted U.S. Public Land Survey System. If you cannot describe the land by aliquot part (e.g., the land is unsurveyed), you must provide a metes and bounds description that fixes the position of the claim corners with respect to a specified claim corner, discovery monument, or official survey monument. In all cases, your description of the land must be as compact and regular in form as reasonably possible and should conform to the U.S. Public Land Survey System and its rectangular subdivisions as much as possible; and


(i) You must file either -

(A) A topographical map published by the U.S. Geological Survey with a depiction of the claim or site; or

(B) A narrative or sketch describing the claim or site and tying the description to a natural object, permanent monument or topographic, hydrographic, or man-made feature.

(ii) You must show on a map or sketch the boundaries and position of the individual claim or site by aliquot part within the quarter section accurately enough for BLM to identify the mining claims or sites on the ground.

(iii) You may show more than one claim or site on a single map or describe more than one claim or site in a single sketch -

(A) If they are located in the same general area; and

(B) If the individual mining claims or sites are clearly identified.

(iv) You are not required to employ a professional surveyor or engineer to establish the location's position on the ground.

(b)Lode claims. You must describe lode claims by metes and bounds beginning at the discovery point on the claim and include a tie to natural objects or permanent monuments including:

(1) Township and section survey monuments;

(2) Official U.S. mineral survey monuments;

(3) Monuments of the National Geodetic Reference System;

(4) The confluence of streams or point of intersection of well-known gulches, ravines, or roads, prominent buttes, and hills; or

(5) Adjoining claims or sites.

(c)Placer claims.

(1) You must describe placer claims by aliquot part and complete lots using the U.S. Public Land Survey System and its rectangular subdivisions except when placer claims are -

(i) On unsurveyed Federal lands;

(ii) Gulch or bench placer claims; or

(iii) Bounded by other mining claims or nonmineral lands.

(2) For placer mining claims that are on unsurveyed Federal lands or are gulch or bench placer claims:

(i) You must describe the lands by protracted survey if the BLM has a protracted survey of record; or

(ii) You may describe the lands by metes and bounds, if a protracted survey is not available or if the land is not amenable to protraction.

(3) If you are describing an association placer claim by metes and bounds, you must meet the following requirements, according to the number of persons in your association, as described in Snow Flake Fraction Placer, 37 Pub. Lands Dec. 250 (1908), in order to keep your claim in compact form and not split Federal lands into narrow, long or irregular shapes:

(i) A location by 1 or 2 persons must fit within the exterior boundaries of a square 40-acre parcel;

(ii) A location by 3 or 4 persons must fit within the exterior boundaries of 2 square 40-acre contiguous parcels;

(iii) A location by 5 or 6 persons must fit within the exterior boundaries of 3 square contiguous 40-acre parcels; and

(iv) A location by 7 or 8 persons must fit within the exterior boundaries of 4 square contiguous 40-acre parcels.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

§ 22 - Lands open to purchase by citizens

§ 23 - Length of claims on veins or lodes

§ 24 - Proof of citizenship

§ 25 - Affidavit of citizenship

§ 26 - Locators’ rights of possession and enjoyment

§ 27 - Mining tunnels; right to possession of veins on line with; abandonment of right

§ 28 - Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records; annual labor or...delinquency in contributing proportion of expenditures; tunnel as lode expenditure

§ 28-1

§ 28-2

§ 28a - Omitted

§ 28b - Annual assessment work on mining claims; temporary deferment; conditions

§ 28c - Length and termination of deferment

§ 28d - Performance of deferred work

§ 28e - Recordation of deferment

§ 28f - Fee

§ 28g - Location fee

§ 28h - Co-ownership

§ 28i - Failure to pay

§ 28j - Other requirements

§ 28k - Regulations

§ 28l - Collection of mining law administration fees

§ 29 - Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting plat and notice on claim;...nonresident claimant’s agent for execution of application and affidavits

§ 30 - Adverse claims; oath of claimants; requisites; waiver; stay of land office proceedings; judicial determination of right of possession; successful claimants’...land office proceedings and judgment roll; alienation of patent title

§ 31 - Oath: agent or attorney in fact, beyond district of claim

§ 32 - Findings by jury; costs

§ 33 - Existing rights

§ 34 - Description of vein claims on surveyed and unsurveyed lands; monuments on ground to govern conflicting calls

§ 35 - Placer claims; entry and proceedings for patent under provisions applicable to vein or lode claims; conforming entry to legal subdivisions and surveys; limitation of claims; homestead entry of segregated agricultural land

§ 36 - Subdivisions of 10-acre tracts; maximum of placer locations; homestead claims of agricultural lands; sale of improvements

§ 37 - Proceedings for patent where boundaries contain vein or lode; application; statement including vein or lode; issuance of patent: acreage payments...proceedings; knowledge affecting construction of application and scope of patent

§ 38 - Evidence of possession and work to establish right to patent

§ 39 - Surveyors of mining claims

§ 40 - Verification of affidavits

§ 41 - Intersecting or crossing veins

§ 42 - Patents for nonmineral lands: application, survey, notice, acreage limitation, payment

§ 43 - Conditions of sale by local legislature

§ 44 - Omitted

§ 46 - Additional land districts and officers

§ 47 - Impairment of rights or interests in certain mining property

§ 48 - Lands in Michigan, Wisconsin, and Minnesota; sale and disposal as public lands

§ 49 - Lands in Missouri and Kansas; disposal as agricultural lands

§ 49a - Mining laws of United States extended to Alaska; exploration and mining for precious metals; regulations; conflict of laws; permits; dumping tailings; pumping from...high tide or high-water mark; transfer of title to future State

§ 49b - Mining laws relating to placer claims extended to Alaska

§ 49c - Recording notices of location of Alaskan mining claims

§ 49d - Miners’ regulations for recording notices in Alaska; certain records legalized

§ 49e - Annual labor or improvements on Alaskan mining claims; affidavits; burden of proof; forfeitures; location anew of claims; perjury

§ 49f - Fees of recorders in Alaska for filing proofs of work and improvements

§ 50 - Grants to States or corporations not to include mineral lands

§ 51 - Water users’ vested and accrued rights; enumeration of uses; protection of interest; rights-of-way for canals and ditches; liability for injury or damage to settlers’ possession

§ 52 - Patents or homesteads subject to vested and accrued water rights

§ 53 - Possessory actions for recovery of mining titles or for damages to such title

§ 54 - Liability for damages to stock raising and homestead entries by mining activities

U.S. Code: Title 43 - PUBLIC LANDS
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