Mining Claim Lease, Non-Exclusive, short term Options

[CP]

Howdy miners!

It's been said many times that we need to act like miners if we are trying to use the mining law while proclaiming we have the right to mine on small scale levels.
We absolutely do have that right! But the classification of this scale of mining is quite vague.

Here is something that we have been working on for sometime.
We think this basic lease agreement will help any claim owner (patented or location) and/or independent miner show purpose, gain, compensation which equals value to the claim owner for work done.

In other words.....You as an independent small scale miner now have proof in the field that YOUR ACTIVITIES ARE REASONABLY INCIDENT TO MINING!

Private individuals and clubs holding claims should be able to use it as is or modified if needed.....but let an official come out and tell you that you ain't mining now!

Thinking is that you the miner will print out, fill in all your info and proposed work....then send it off to the claim owner for his/her/their approval and signature....Claim owner reviews and signs if agreeable. Then claim owner makes a copy of the lease to send back to the miner. (claim owner keeps orignal)

Check it over and submit changes you think may need to be added.

This document will be kept up for anyone and everyone to use as the CP club's holiday gift to the mining community .....
You may download and print your own copy of this file from the link below.
File should print out just right in wordpad with two pages.

CP

Grrrrr! quote box skewed it a bit but trust me....it prints out right from the link below....

MINING CLAIM LEASE
TO PERFORM EXPLORATORY TESTING

Claim Name: _____________________________  Claim # _______________________________

Owner(s) Name: ___________________________  Owner(s) Name: _________________________

Address: _________________________________  Address: _______________________________

City, State, Zip: ____________________________  City, State, Zip: __________________________

Phone: __________________________________  Phone: _________________________________

Email: __________________________________  Email: _________________________________


Lease Applicant (Lessee) information:

Name: _______________________________________  Name: ______________________________________

Address: _____________________________________  Address: ____________________________________

City, State, Zip: _______________________________  City, State, Zip: ______________________________

Phone: ______________________________________  Phone: _____________________________________

Email: _______________________________________  Email: ______________________________________

Dates of work: ___/_____/____ - ____/_____/_____

Work plan and activities proposed including equipment to be used. (use additional pages if needed.)

________________________________________________________________________________
_______________

________________________________________________________________________________
_______________

________________________________________________________________________________
_______________

________________________________________________________________________________
_______________

________________________________________________________________________________
_______________


Purpose of test:
Explore, prospect, and sample mineral/gem deposits within the boundries of the claim.
In addition, to document any and all gems and/or minerals found during testing and report those findings to the
claim owner(s).
Exploratory testing of this type and nature will not cause any significant surface disturbance.

Lease Terms and Conditions:
1) This lease is NON EXCLUSIVE and valid ONLY FOR DATES SPECIFIED.
    More than 1 miner may hold a lease for the same time period of your work. All lessee(s) agree to maintain at
    least 2 shovel lengths (10') distance or more from any other miner's exploratory dig.

2) At the claim owner(s) discretion, failure to follow any part of this lease could result in the immediate revoking of
    this lease and/or the denial of any future applications to lease that may be submitted!


Composed and hosted to the internet for your use by ColoradoProspector.com  copyright 2006   page 1






3) LIABILITY:
Lessee(s) agree they are entering the claim at their own risk. Claim owner(s) does not accept any liability
for lessee(s), anyone with them, or equipment while on the claim.

4) LAWS:
Lessee(s) agree to know and follow all laws pertaining to the proposed work and activities involved.
All trash/rubbish will be packed off the claim and disposed of in a proper receptacle or station according
to the law.

5) MINERAL DATA:
All mineral/gem data must be recorded by lessee(s) as to amount processed, collected, and location on claim.
This information must be reported to the claim owner(s) within 1 week of lease end date.

6) EQUIPMENT:
All equipment used will be hand tools and/or hand carried equipment such as power sluices, drywashers,
trommels etc. All power sluices (both floating and free standing) will have intake nozzles of 4" or less as
determined by federal authorities to be "deminimus" or will not cause a significant surface impact.

7) COSTS:
All costs for fuel, equipment, travel etc are the sole responsibility of the lessee(s).

8) RECLAMATION:
Lessee(s) agree to complete all reclamation work on or before lease end date.

9) COMPENSATION:
Compensation or pay in exchange for work performed and data reported will be non-monetary. Instead, it will be
in the form of trade for the samples/specimens produced during testing.
Mineral/gem samples found by lessee(s) while performing exploratory tests belong to lessee(s) as compensation
for the work and information reported. (Unless stipulated otherwise on this lease)



I/We________________________________________________________________________, owner(s) of said claim, do
hearby authorized signed lessee(s) to perform exploratory test work during the dates specified and in accordance with
this lease.


Signed/Claim owner: ___________________________________________________   Date _____/_____/_____


Signed/Claim owner: ___________________________________________________   Date _____/_____/_____




I/We ________________________________________________________________________, signed lessee(s), do
agree to abide by all parts of this lease and all laws pertaining to our work/activities on the claim.


Signed/Lessee: _________________________________________________________ Date _____/_____/_____


Signed/Lessee: _________________________________________________________ Date _____/_____/_____


For amendments to this lease, attatch additional pages.
        
Composed and hosted to the internet for your use by ColoradoProspector.com  copyright 2006   page 2

Attached File(s)

 Mining_Claim_Lease.rtf ( 6.19K ) Number of downloads: 4466

 

[Sparky]

I think your mining claim lease is a good idea if people would use it. From what I have found out on the use of my claims by other people it is real hard to get them to do anything other than a verbal agreement. I made a form for a mineral report and posted it on my web site so they could fill it out from their computer and click the link to email it directly to me.... I have had 1 returned in the last 6 months. It is like the claim report of the GPAA which I bet they don't get many of sent back to them also.

[CP]

Thanks Sparky. I understand what you mean.
Let me explain this a bit further though.

Correct me if I'm wrong, but I think what you described seems to me is more of a polite courtesy report?
This lease agreement is in fact a contractual agreement which stipulates the reporting of the recorded information. Whether or not the miner choses to report the information as agree'd upon could result in the future denial of any application to lease at the claim owners discretion. (stated in lease)

The lease also demonstrates on site (to over bearing officials/would be opinion pushers ) the contractual agreement to perform a mining activity for the claim owner by the miner.

Folks have been asking for something they can carry in the field that helps them on the individual level.........this is it! Rather than printing 1000's of pages of law quotes and and and......that dang case gets heavy believe me!
But the miner her/himself will have to chose to follow the guideline as written in the lease/laws......just as a "bonafide miner" has to make his/her call when mining as to things like, when to file plans, what equipment will be used, how and when reclamation will be finished, etc etc etc.

Point being that those who want to act as miners will......the others will do as they do now anyway......... unfortunately. But having the resources available to help oneself is half the battle.
When used properly this document will demonstrate an activity "reasonably incident to mining".

Did I clear anything up or make it more confusing?

Who else has some thoughts?

CP

[russau]

Dan i like this idea! it gives you a little more controll over the claim and the people that are using it. and i always send in the reports to the GPAA on claims that ive been to with the gps location and any road directions needed to get a person there.

[CP]

Thanks Russ.
Although the CP club holds no claims itself, some club members chose to offer use of their claims to members.
These lease agreements will be used to help claim owners and miners communicate and coordinate the work on the claim.
2 sheets of paper should be easy for the miner to keep with them while working too.......

CP

[russau]

understood.

[CP]

Well I thought I would give this a bump today!
Wow! 541 downloads and not even 200 views here in this forum.....must be a few links out there!

GOOD JOB EVERYONE!

CP

[Auger]

This is good. I have always been concerned with going out into the field with people who state that they are allowed to be there yet have no Personally Identifiable Information regarding claim owners or written active permissions. While I am a nice guy I just cannot trust anyone 100% when it comes to legal situations such as this.

While in the past I have asked about claim ownership and been presented a business card for as well as a map supposedly drawn by said claim owners -- that is the only "proof" I have ever seen. It satisfied me at the time for a modicum but still allowed for enough background anxiety that I had to go to LR2000 reports to match the names to the claim owners and then actively plot the claim. I verified that the claim was indeed what he had said and owned by the same people. I found that the claim owners had paid a maintenance fee in August, so it was indeed still in their ownership. They also owned a closed claim near the site that has since been claimed by new ownership. (I wanted that!)

When we arrived there most recently, however, the exact GPS coords were newly marked off with fresh 4x4 and rainproofed plats. All of our holes were filled in and I was told the claim owners told my guy that they fill in every year at the end of September. There leaves some room for doubt my mind right there.

Therefore, if I can somehow manage to get my guy to take this lease agreement to the folks who own this claim and allow me to see that they are 100% fine with our activities I will have a clear conscience and can happily mine free of worries.

Thank you for creating this. I will definitely use it in every situation I can muster, including locating active claims I want to go on and trying to lease out some from owners who potentially cannot extract minerals themselves for whatever reasons - or those who have been holding onto claims as assets, I can do that $100 worth of work necessary for them to keep it.

The way I see it, if I could go out, prospect, mine and have fun, while even making 5% from something that was never mine in the first place, that's a success. You guys tend to view active claims as holy land that is forever inaccessible. I have found that with adequate research, preparation, and a salesman's attitude, you can get onto a lot of private properties and active claims. This document right here makes it more of an official business activity, allows for a paper trail, etc.

I personally feel it will be extremely beneficial in assuaging the fears and anxieties of property and claim owners. Furthermore, it could be better used as a business tool to make both parties profit.

~Auger

[Denise]

Dan created this very helpful Mining Claim lease and I am glad to see so many are utilizing it still.
3996 downloads to date.