Mining Laws and Regulations from a Land Surveyor's Perspective Options

[Gene Kooper]

I am a land surveyor that specializes in mineral survey retracements and, when necessary dependent resurveys. By that, I mean that I retrace the original boundaries of U.S. mineral surveys and when corners have been obliterated or destroyed I will reset the corners. A mineral survey is originally surveyed by a U.S. [Deputy] Mineral Surveyor. In addition to abiding by the instructions issued to mineral surveyors by the General Land Office or BLM, the mineral surveyor was required to know and understand the federal mining laws, their amendments, promulgated regulations, state mining laws and local mining customs before beginning the mineral survey.

Since my job as a retracement surveyor is to follow in the footsteps of the original surveyor I must know and understand what the mineral surveyor was charged with knowing. As such, over the years I have also become an amateur historian of the evolution of mining laws and regulations thereunder. I thought this forum would be a good place to post some of my research over the years. My perspective is different from most/all on this forum. I start from the beginning and note how the mining laws have evolved to the present while you folks are focused on how to procure and protect your possessory right to the locatable minerals on the Public Lands. IMHO if someone wants to know why the laws and regulations are what they are, it is informative to see how they came about and the numerous changes made up to the present time.

A CAVEAT: My primary objective is to understand the mining laws, regulations, instructions, DOI Land Decisions, etc. issued since 1866 as they apply to the boundaries of patented mining claims. I am not a prospector and have only staked mining claims for my clients. However, I do photograph and collect stones (mineral survey corners). My avatar is a porphyry stone that marks Cor. No. 1 of the Mother Lode (Sur. No. 204), Cor. No. 1 of the Mater Lode (Sur. No. 15889) and Cor. No. 4 of the Towne Lode (Sur. No. 17327) at the London Mine in Mosquito Gulch (American Flats is in the background).

So with that disclaimer stated, I thought I would start with a reference list I compiled as a handout for my mineral survey retracement workshops, which is attached to this post. In the reference list is, "Mineral Survey Procedures Guide, 1980, John V. Meldrum, U.S. Bureau of Land Management." The guide was issued to all U.S. Mineral Surveyors upon receiving their first appointment as a mineral surveyor. The next post will begin with a discussion of Chapter I Mining Laws, which includes the federal mining laws, their amendments and state mining laws.

I believe the last two references will be of interest to several here (if you don't already have them as references). They are in my opinion good references for locating and staking mining claims.

• Digest of Mining Claim Laws, Robert G. Pruitt, Jr., Fifth Edition, 1996; and
• Mineral Law, Terry Maley, Sixth Edition, 1996, Mineral Land Publications.

Edit: Fixed some spelling and grammar errors.

[CP]

Thanks Gene, this is a superb listing of references you've put up. Very good for everyone to have access too and learn from!

I'm sure many folks will find useful info/tools when needed too.

Also to add to your comment in the original post of this thread, yes we do focus on the rights to prospect but we also want folks to realize as you stated, there have been amendments to the original laws. And most importantly as individual prospectors and or claim owners, it pays to know as much as you can about which applies to their activities or DO NOT. Way to often when a citizen (prospector) asks an official, they will get the wrong info. Whether that be an intentional mislead or mistaken one......it pays to know as much as you can before you ask! Might even learn that you don't need to ask anyone. You'll just know you're okay to head out and have a great day prospecting!

Some of what we see much of the time is confused terminology used, and often I believe on purpose by gov officials, to misclassify claims, situations or claim owners even. So the more we know as individuals when we head out the better off we'll be. Then if a time comes when we do encounter officials things go much better with knowledge on hand rather than end up being bamboozled into thinking something intended for leasable claims or for recreational restrictions applies to a location claim owner when they in fact do not.

Anyways......long story/babble sorry didn't want to derail the topic, but just wanted to add a bit to your take on the club and what we do focus on. I think you're info/research compilation fits very well here. SUPER! Thanks again!