º 3 UNIV. on mièM.
r JUL 18 1907
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GENERAL LAND OFFICE.
UNITED STATES MINING LAWS
AND
REGULATIONS THEREUNDER.
APPROVED MAY 21, 1907.
*10perty Of the United States G0VBſſiſſièml.
GENERAL LAND OFFICE.
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UNITED STATES MINING LAWS
AND
REGULATIONS THEREUNDER.
*-i-m-
APPROVED MAY 21, 1907.
GOVERNMENT PRINTING OFFICE : WASHINGTON : 1907
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UNITED STATES MINING LAWS,
AND REGULATIONS THEREUNDER, RELATIVE TO THE RESERVA-
TION, EXPLORATION, LOCATION, POSSESSION, PURCHASE,
AND PATENTING OF THE MINERAL LANDS
IN THE PUBLIC DOMAIN.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE.
TITLE xxx11, CHAPTER 6, REVISED STATUTEs.
MINERAL LANDS AND MINING RESOURCES.
SEC. 2318. In all cases lands valuable for minerals shall aſſº...!
Q r X '. In Ol” VV X|OI’OS –––.
be reserved from sale, except as otherwise expressly – July, 1866,
directed by law. - c. 166, s. 5, v.
14, p. 86.
SEC. 2319. All valuable mineral deposits in lands be-lai, ... "...
longing to the United States, both surveyed and unsur- pºrchase by
veyed, are hereby declared to be free and open to explora- ""
tion and purchase; and the lands in which they are found 1słº *.
to occupation and purchase, by citizens of the United #, 1, v. 17, p.
States and those who have declared their intention to *
become such, under regulations prescribed by law, and
according to the 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.
SEC. 2320. Mining claims upon veins or lodes of quartz mºla.
or other rock in place bearing gold, silver, cinnabar, lead, in ºn veins or
tin, copper, or other valuable deposits, heretofore located. “
shall be governed as to length along the vein or lode by 1sł." | *ś2.
the customs, regulations, and laws in force at the date of 3.2, v. 17, p.
their location. "A mining claim located after the tenth *
day of May, eighteen hundred and seventy-two, whether
located by one or more persons, may equal, but shall not
exceed, one thousand five hundred feet in length along the
vein or lode; but no location of a mining claim shall be
made until the discovery of the vein or lode within the
limits of the claim located. No claim shall extend more
than three hundred feet on each side of the middle of the
vein at the surface, nor shall any claim be limited by any
mining regulation to less than twenty-five feet on each
side of the middle of the vein at the surface, except where
† 4, § . Obºlº
54.323 3
4 REGULATIONS.
adverse rights existing on the tenth day of May, eighteen
hundred and seventy-two, render such limitation neces-
Sary. The end lines of each claim shall be parallel to
each other.
...; ** SEC. 2321. Proof of citizenship, under this chapter,
*H may consist, in the case of an individual, of his own affi-
1sº *ša, davit thereof; in the case of an association of persons
5, 7, v. 17, p. unincorporated, of the affidavit of their authorized agent,
o made on his own knowledge,or upon information and be-
lief; and in the case of a corporation organized under the
laws of the United States, or of any State or Territory
thereof, by the filing of a certified copy of their charter
or certificate of incorporation.
ºº: , Sec. 2322. The locators of all mining locations hereto-.
jºnºid” fore made or which shall hereafter be made, on any min-
* eral vein, lode, or ledge, situated on the public domain,
isł.” º their heirs and assigns, where no adverse claim exists on
§. 3,' v. 17, p. the tenth day of May, eighteen hundred and seventy-two,
91. so long as they comply with the laws of the United
States, and with State, Territorial, and local regulations
not in conflict with the laws of the United States govern-
ing their possessory title, shall have the exclusive right
of possession and enjoyment of all the surface included
within the lines of their locations, and of all veins, lodes,
and ledges throughout their entire depth, the top or apex
of which lies inside of such surface lines extended down-
ward vertically, although such veins, lodes, or ledges may
so far depart from a perpendicular in their course down-
ward as to extend outside the vertical side lines of such
surface locations. But their right of possession to such
outside parts of such veins or ledges shall be confined to
such portions thereof as lie between vertical planes drawn
downward as above described, through the end lines of
their locations, so continued in their own direction that
such planes will intersect such exterior parts of such
veins or ledges. And nothing in this section shall au-
thorize the locator or possessor of a vein or lode which
extends in its downward course beyond the vertical lines
of his claim to enter upon the Surface of a claim owned or
possessed by another.
owners of SEC. 2323. Where a tunnel is run for the development
# * * of a vein or lode, or for the discovery of mines, the own:
†o Maº ers of such tunnel shall have the right of possession of all
#8% ºf veins or lodes within three thousand feet from the face of
$2.” ” “” such tunnel on the line thereof, not previously known to
exist, discovered in such tunnel, to the same extent as if
discovered from the surface; and locations on the line of
such tunnel of veins or lodes not appearing on the sur-
face, made by other parties after the commencement of
the tunnel, and while the same is being prosecuted with
reasonable diligence, shall be invalid, but failure to prose-
cute the work on the tunnel for six months shall be con-
sidered as an abandonment of the right to all undiscov-
ered veins on the line of such tunnel.
REGULATIONS. 5
SEC. 2324. The miners of each mining district may mºtº
make regulations not in conſlict with the laws of the ers.
United States, or with the laws of the State or Territory Tºi o May,
in which the district is situated, governing the location, tº yºu?!";
manner of recording, amount of work necessary to hold 92." y
possession of a mining claim, Subject to the following
requirements: The location must be distinctly marked on
the ground so that its boundaries can be readily traced.
All records of mining claims hereafter made shall contain
the name or names of the locators, the date of the loca-
tion, and such a description of the claim or claims located
by reference to some natural object or permanent monu-
ment as will identify the claim. On each claim located
after the tenth day of May, eighteen hundred and
seventy-two, and until a patent has been issued therefor,
not less than one hundred dollars’ worth of labor shall be
performed or improvements made during each year. On
all claims located prior to the tenth day of May, eighteen
hundred and seventy-two, ten dollars’ worth of labor
shall be performed or improvements made by the tenth
day of June, eighteen hundred and seventy-four, and
each year thereafter, for each one hundred feet in length
along the vein until a patent has been issued therefor;
but where such claims are held in common, such expendi-
ture may be made upon any one claim; and upon a failure
to comply with these conditions the claim or mine upon
which such failure occurred shall be open to relocation
in the same manner as if no location of the same had ever
been made, provided that the original locators, their
heirs, assigns, or legal representatives, have not resumed
work upon the claim after failure and before such loca-
tion. Upon the failure of any one of several co-owners
to contribute his proportion of the expenditures required
hereby, the co-owners who have performed the labor or
made the improvements may, at the expiration of the
year, give such delinquent co-owner personal notice in
writing or notice by publication in the newspaper pub-
lished nearest the claim for at least once a week for
ninety days, and if at the expiration of ninety days after
such notice in writing or by publication such delinquent
should fail or refuse to contribute his proportion of the
expenditure required by this section his interest in the
claim shall become the property of his co-owners who
have made the required expenditures.
SEC. 2325. A patent for any land claimed and located Patents for
for valuable deposits may be obtained in the following ..."...tº
manner: Any person, association, or corporation author:-To-Mº.
ized to locate a claim under this chapter, having claimed 1872, c.152.
and located a piece of land for such purposes, who has, 52." " " ".
or have, complied with the terms of this chapter, may
file in the proper land office an application for a patent,
under oath, showing such compliance, together with a plat
and field notes of the claim or claims in common, made by
or under the direction of the United States surveyor-gen-
6 REGULATIONS.
eral, showing accurately the boundaries of the claim or
claims, which shall be distinctly marked by monuments on
the ground, and shall post a copy of such plat, together
with a notice of such application for a patent, in a con-
spicuous place on the land embraced in such plat previous
to the filing of the application for a patent, and shall file
an affidavit of at least two persons that such notice has
been duly posted, and shall file a copy of the notice in such
land office, and shall thereupon be entitled to a patent for
the land, in the manner following: The register of the
land office, upon the filing of such application, plat, field
notes, notices, and affidavits, shall publish a notice that
such application has been made, for the period of sixty
days, in a newspaper to be by him designated as published
nearest to such claim; and he shall also post such notice in
his office for the same period. The claimant at the time
of filing this application, or at any time thereafter, within
the sixty days of publication, shall file with the register
a certificate of the United States surveyor-general that
five hundred dollars’ worth of labor has been expended
or improvements made upon the claim by himself or
grantors; that the plat is correct, with such further
description by such reference to natural objects or perma-
nent monuments as shall identify the claim, and furnish
an accurate description to be incorporated in the patent.
At the expiration of the sixty days of publication the
claimant shall file his affidavit, showing that the plat and
notice have been posted in a conspicuous place on the
claim during such period of publication. If no adverse
claim shall have been filed with the register and the
receiver of the proper land office at the expiration of the
sixty days of publication, it shall be assumed that the
applicant is entitled to a patent, upon the payment to the
proper officer of five dollars per acre, and that no adverse
claim exists; and thereafter no objection from third par-
ties to the issuance of a patent shall be heard, except it
be shown that the applicant has failed to comply with the
terms of this chapter. -
A d verse SEC. 2326. Where an adverse claim is filed during the
i.” period of publication, it shall be upon oath of the person
Ti o May or persons making the same, and shall show the nature,
1872, ... c. 152, boundaries, and extent of such adverse claim, and all pro-
S. 7, W. 17, p. § -- ~~ - & ! -- e e
93. ceedings, except the publication of notice and making and
filing of the affidavit thereof, shall be stayed until the
controversy shall have been settled or decided by a court
of competent jurisdiction, or the adverse claim waived.
It shall be the duty of the adverse claimant, within thirty
days after filing his claim, to commence proceedings in a
court of competent jurisdiction, to determine the question
of the right of possession, and prosecute the same with
reasonable diligence to final judgment; and a failure so to
do shall be a waiver of his adverse claim. After such
judgment shall have been rendered, the party entitled to
the possession of the claim, or any portion thereof, may,
REGULATIONS.
7.
without giving further notice, file a certified copy of the
judgment-roll with the register of the land office, together
with the certificate of the surveyor-general that the requi-
site amount of labor has been expended or improvements
made thereon, and the description required in other cases,
and shall pay to the receiver five dollars per acre for his
claim, together with the proper fees, whereupon the whole
proceedings and the judgment-roll shall be certified by the
register to the Commissioner of the General Land Office,
and a patent shall issue thereon for the claim, or such por-
tion thereof as the applicant shall appear, from the deci-
sion of the court, to rightly possess. If it appears from
the decision of the court that several parties are entitled
to separate and different portions of the claim, each party
may pay for his portion of the claim with the proper fees,
and file the certificate and description by the surveyor-
general, whereupon the register shall certify the proceed-
ings and judgment-roll to the Commissioner of the Gen-
eral Land Office, as in the preceding case, and patents
shall issue to the Several parties according to their respec-
tive rights. Nothing herein contained shall be construed
to prevent the alienation of a title conveyed by a patent
for a mining claim to any person whatever.
SEC. 2327. The description of vein or lode claims upon . Description
* º & f * * g v i
surveyed lands shall designate the location of the claims: ..."ja.
with reference to the lines of the public survey, but need Tioway, Isra
not conform therewith; but where patents have been or º sº.
shall be issued for claims upon unsurveyed lands, the "A* as a
surveyors-general, in extending the public survey, shall ºs; , ;
adjust the same to the boundaries of said patented claims 3.
so as in no case to interfere with or change the true loca-
tion of such claims as they are officially established upon
the ground. Where patents have issued for mineral Patents to
lands, those lands only shall be segregated and shall be $###"...nº
deemed to be patented which are bounded by the lines ments.
actually marked, defined, and established upon the
ground by the monuments of the official survey upon
which the patent grant is based, and Surveyors-general in
executing subsequent patent Surveys, whether upon sur-
veyed or unsurveyed lands, shall be governed accord-
ingly. The said monuments shall at all times constitute , Monuments
the highest authority as to what land is patented, and in ëriñº. Cle-
case of any conflict between the said monuments of such
patented claims and the descriptions of Said claims in
the patents issued therefor the monuments on the ground
shall govern, and erroneous or inconsistent descriptions
or calls in the patent descriptions shall give way thereto.
SEC. 2328. Applications for patents for mining claims Pending ap-
under former laws now pending may be prosecuted to a ſº."jº
final decision in the General Land-Office; but in such ºis.
cases where adverse rights are not affected thereby, pat- g.º.º.º.
ents may issue in pursuance of the provisions of this chap- " " *
ter; and all patents for mining claims upon veins or lodes
8 REGULATIONS.
heretofore issued shall convey all the rights and privi-
leges conferred by this chapter where no adverse rights
existed on the tenth day of May, eighteen hundred and
Seventy-two. e
, gº SEC. 2329. Claims usually called “placers,” including
&laims to sur all forms of deposit, excepting veins of quartz, or other
*** * * rock in place, shall be subject to entry and patent, under
..º.º. 37%; like circumstances and conditions, and upon similar pro-
ić, p. 317.” ‘’ ceedings, as are provided for vein or lode claims; but
where the lands have been previously surveyed by the
United States, the entry in its exterior limits shall con-
form to the legal subdivisions of the public lands.
... Sººyº SEC. 2330. Legal subdivisions of forty acres may be
tracts; maxi Subdivided into ten-acre tracts; and two or more persons,
...tºs” or associations of persons, having contiguous claims of
a jurismo any size, although such claims may be less than ten acres
icº v. each, may make joint entry thereof; but no location of a
'* **" placer claim, made after the ninth day of July, eighteen
hundred and seventy, shall exceed one hundred and sixty
acres for any one person or association of persons, which
location shall conform to the United States surveys; and
nothing in this section contained shall defeat or impair
any bona fide preemption or homestead claim upon agri-
cultural lands, or authorize the sale of the improvements
of any bona fide settler to any purchaser.
Conformity SEC. 2331. Where placer claims are upon surveyed lands,
#inſ.';*...* and conform to legal subdivisions, no further survey or
... ; ; plat shall be required, and all placer-mining claims lo:
To May, cated after the tenth day of May, eighteen hundred and
1872 & 132. Seventy-two, shall conform as near as practicable with the
5.19 V. 17. P. United States system of public-land surveys, and the
rectangular Subdivisions of such surveys, and no such
location shall include more than twenty acres for each
individual claimant; but where placer claims can not be
conformed to legal subdivisions, survey and plat shall
be made as on unsurveyed lands; and where by the seg-
regation of mineral lands in any legal subdivision a
quantity of agricultural land less than forty acres re-
mains, such fractional portion of agricultural land may
be entered by any party qualified by law, for homestead
or preemption purposes.
deºs: Sec. 2332. Where such person or association, they and
*...*.*, their grantors, have held and worked their claims for a
**** period equal to the time prescribed by the statute of lim-
ent. itations for mining claims of the State or Territory
9 July, 1870, where the same may be situated, evidence of such posses-
: ;",ºsion and working of the claims for such period shall be
y sufficient to establish a right to a patent thereto under this
chapter, in the absence of any adverse claim; but nothing
in this chapter shall be deemed to impair any lien which
may have attached in any way whatever to any mining
claim or property thereto attached prior to the issuance
of a patent.
REGULATIONS. 9
SEC. 2333. Where the same person, association, or cor- toº ºº::
poration is in possession of a placer claim, and also a vein placer ciaſm,
or lode included within the boundaries thereof, applica- *
tion shall be made for a patent for the placer claim, with isłº" " " .
the statement that it includes such vein or lode, and in ... ii., v. 17, p.
such case a patent shall issue for the placer claim, Subject 94.
to the provisions of this chapter, including such vein or
lode, upon the payment of five dollars per acre for such
vein or lode claim and twenty-five feet of surface on each
side thereof. The remainder of the placer claim or any
placer claim not embracing any vein or lode claim shall
be paid for at the rate of two dollars and fifty cents per
acre, together with all costs of proceedings; and where a
vein or lode, such as is described in Section twenty-three
hundred and twenty, is known to exist within the boun-
daries of a placer claim, an application for a patent for .
such placer claim which does not include an application
for the vein or lode claim shall be construed as a con-
clusive declaration that the claimant of the placer claim
has no right of possession of the vein or lode claim; but
where the existence of a vein or lode in a placer claim is
not known, a patent for the placer claim shall convey all
valuable mineral and other deposits within the boundaries
thereof.
SEC. 2334. The surveyor-general of the United States surveyor-
may appoint in each land district containing mineral;"sº:
lands as many competent surveyors as shall apply for ºf ºning
appointment to survey mining claims. The expenses of:-.
the survey of vein or lode claims, and the Survey and sub- 1sº "";2.
division of placer claims into smaller quantities than one;” v. 17, p.
hundred and sixty acres, together with the cost of publi-
cation of notices, shall be paid by the applicants, and they
shall be at liberty to obtain the same at the most reason-
able rates, and they shall also be at liberty to employ any
United States deputy surveyor to make the survey. The
Commissioner of the General Land Office shall also have
power to establish the maximum charges for surveys and
publication of notices under this chapter; and, in case of
excessive charges for publication, he may designate any
newspaper published in a land district where mines are
situated for the publication of mining notices in such dis-
trict, and fix the rates to be charged by Such paper; and,
to the end that the Commissioner may be fully informed
on the subject, each applicant shall file with the register a
sworn statement of all charges and fees paid by such
applicant for publication and surveys, together with all
fees and money paid the register and the receiver of the
land office, which statement shall be transmitted, with the
other papers in the case, to the Commissioner of the Gen-
eral Land Office.
SEC. 2335. All affidavits required to be made under this ... verification
chapter may be verified before any officer authorized to $."""""
administer oaths within the land district where the claims - To ºr a
may be situated, and all testimony and proofs may be 1873, 6
1.
taken before any such officer, and, when duly certified by is.” ” ”
y ,
52,
p.
34518
07—2
10 REGULATIONS.
the officer taking the same, shall have the same force and
effect as if taken before the register and receiver of the
land office. In cases of contest as to the mineral or agri-
cultural character of land, the testimony and proofs may
be taken as herein provided on personal notice of at least
ten days to the opposing party; or if such party can not
be found, then by publication of at least once a week for
thirty days in a newspaper, to be designated by the regis-
ter of the land office as published nearest to the location
of such land; and the register shall require proof that
such notice has been given.
tº ºn SEC. 2336. Where two or more veins intersect or cross
1 o May each other, priority of title shall govern, and such prior
1872. § 132, location shall be entitled to all ore or mineral contained
is 14. Y. 17, P. within the space of intersection; but the subsequent loca:
e tion shall have the right of way through the space of
intersection for the purposes of the convenient working
of the mine. And where two or more veins unite, the old-
est or prior location shall take the vein below the point of
sº union, including all the space of intersection.
a.º.º. SEC. 2337. Where nonmineral land not contiguous to
lands, &c. the vein or lode is used or occupied by the proprietor of
10 May, such vein or lode for mining or milling purposes, such
*::, . 1% nonadjacent surface ground may be embraced and
36. ’ included in an application for a patent for such vein or
lode, and the same may be patented therewith, subject to
the same preliminary requirements as to survey and
notice as are applicable to veins or lodes; but no location
hereafter made of such nonadjacent land shall exceed
five acres, and payment for the same must be made at the
same rate as fixed by this chapter for the superficies of the
lode. The owner of a quartz mill or reduction works, not
owning a mine in connection there with, may also receive
a patent for his mill site, as provided in this section.
tºº. SEC, 2338. As a condition of sale, in the absence of
may be made necessary legislation by Congress, the local legislature of
ºu." "** any State or Territory may provide rules for working
mines, involving easements, drainage, and other necessary
means to their complete development; and those condi-
tions shall be fully expressed in the patent.
º, Yºº Spc. 2339. Whenever, by priority of possession, rights
fºr for mining, to the use of water for mining, agricultural, manufactur-
§ rºaº ing, or other purposes, have vested and accrued, and the
-ād-, whº same are recognized and acknowledged by the local cus;
1866, 3.263.'s toms, laws, and the decisions of courts, the possessors and
9, V. 14, p. 253. te ** A.l., 4-c. c. & e fuº
owners of such vested rights shall be maintained and pro-
tected in the same; and the right of way for the construc-
tion of ditches and canals for the purposes herein speci-
fied is acknowledged and confirmed; but whenever any
person, in the construction of any ditch or canal, injures
or damages the possession of any settler on the public
domain, the party committing such injury or damage shall
be liable to the party injured for such injury or damage.
26 July ,
1 S66, c. 262, S.
5, v. 14, p. 252
REGULATIONS. 11
EC. 2 * - te i º — Patents, pre-
SEC. 2340. All patents granted, or preemption or home emºj".
steads allowed, shall be subject to any vested and accrued i º,";
water rights, or rights to ditches and reservoirs used in:"; i.
connection with Such water rights, as may have been water rights. .
acquired under or recognized by the preceding section. gº. 37%
c. 235, s. 17, V.
16, p. 218.
M i n e l’ a 1 .
SEC. 2341. Wherever, upon the lands heretofore desig-laſſis'. ...;
nated as mineral lands, which have been excluded from lºº
survey and sale, there have been homesteads made by citi-tºed" ºn
zens of the United States, or persons who have declared " "****
their intention to become citizens, which homesteads have is: '...}} ".
been made, improved, and used for agricultural purposes, ió."v. 14,” p.
and upon which there have been no valuable mines of 253.
gold, silver, cinnabar, or copper discovered, and which are
properly agricultural lands, the settlers or owners of such
homesteads shall have a right of preemption thereto, and
shall be entitled to purchase the same at the price of one
dollar and twenty-five cents per acre, and in quantity not
to exceed one hundred and sixty acres; or they may avail
themselves of the provisions of chapter five of this Title,
relating to “Homesteads.”
SEC. 2342. Upon the survey of the lands described in º. º. º.;
the preceding section, the Secretary of the Interior may apart as agri:
designate and set apart such portions of the same as are * *
clearly agricultural lands, which lands shall thereafter be isé o 'º.
subject to preemption and sale as other public lands, and ji, v ii," p.
be subject to all the laws and regulations applicable to the 253.
S8).]]]6. e
SEC. 2343. The President is authorized to establish ad- aftº:
ditional land districts, and to appoint the necessary offi- ... º.
- - - VV Gl’ Of
cers under existing laws, wherever he may deem the same łºśie. '".
necessary for the public convenience in executing the pro-Pº".
isi ; c. ". 2 6 J u l y,
visions of this chapter S66, c. 262,
7, V. 14, p.
;
- 252.
{ T - ai e • * * I’rovisions of
SEC. 2344. Nothing contained in this chapter shall be tº chapter
construed to impair, in any way, rights or interests in not to affect
mining property acquired under existing laws; nor to * *
affect the provisions of the act entitled “An act granting isł.” “*ś2.
to A. Sutro the right of way and other privileges to aid $.16, v. 17, p.
in the construction of a draining and exploring tunnel 96, July, 1870,
to the Comstock lode, in the State of Nevada,” approved tº ſº, ºf
July twenty-five, eighteen hundred and sixty-six. • + v ) tº “ - Jº-W-> *
SEC. 2345. The provisions of the preceding sections of a. º. "...!
this chapter shall not apply to the mineral lands situated tain states ex-
in the States of Michigan, Wisconsin, and Minnesota, *
which are declared free and open to exploration and pur-ish. ..*}º
t
º e e e • e C.
chase, according to legal subdivisions, in like manner as v. 17, p. 465.
before the tenth day of May, eighteen hundred and
seventy-two. And any bona fide entries of such lands
within the States named since the tenth day of May,
eighteen hundred and seventy-two, may be patented with-
out reference to any of the foregoing provisions of this
12 REGULATIONS.
chapter. Such lands shall be offered for public sale in the
same manner, at the same minimum price, and under the
same rights of preemption as other public lands.
-G ran t of SEC. 2346. No act passed at the first session of the
.."...; Thirty-eighth Congress, granting lands to States or cor-
ºporations to aid in the construction of roads or for other
*† purposes, or to extend the time of grants made prior to
1sé Rºº, the thirtieth day of January, eighteen hundred and sixty-
!. v. 18. P. five, shall be so construed as to embrace mineral lands,
e which in all cases are reserved exclusively to the United
States, unless otherwise specially provided in the act or
acts making the grant.
ACTS OF CONGRESS PASSED SUBSEQUENT TO THE REVISED
STATUTES.
AN ACT TO amend the act entitled “An act to promote the devel-
opment of the mining resources of the United States,” passed
May tenth, eighteen hundred and seventy-two.
Claim, lo: Be it enacted by the Senate and House of Representa-
cated prior to , , * - tº g
.."15" sº tives of the United States of America in Congress assem-
ºbled, That the provisions of the fifth section of the act
tended to Jan. entitled “An act to promote the development of the min-
* * ing resources of the United States,” passed May tenth,
gº.”... eighteen hundred and seventy-two, which requires ex-
* gº penditures of labor and improvements on, claims located
;1 ” prior to the passage of said act, are hereby so amended
that the time for the first annual expenditure on claims
located prior to the passage of Said act shall be extended
to the first day of January, eighteen hundred and seventy-
five.
AN ACT to annend section two thousand three hundred and
twenty-four of the Revised Statutes, relating to the development
of the mining resources Of the United States.
Money ... ex: Be it enacted by the Senate and House of Representa-
pended in a , , , º g &
tº cºnsid: táves of the United States of America in Congress assem-
.*.*.*... bled, That section two thousand three hundred and
*:::::H. twenty-four of the Revised Statutes be, and the same is
gress approved hereby, amended so that where a person or company has
#;"º sº; or may run a tunnel for the purpose of developing a lode
L., 315). or lodes, owned by Said person or company, the money so
expended in said tunnel shall be taken and considered as
expended on said lode or lodes, whether located prior to
or since the passage of Said act; and such person or com-
pany shall not be required to perform work on the sur-
face of said lode or lodes in order to hold the same as re-
quired by Said act.
BEGULATIONS. 13
AN ACT to exclude the States of Missouri and Kansas from the
provisions of the act of Congress entitled “An act to promote
the development of the mining resources Of the United States,”
approved May tenth, eighteen hundred and seventy-two.
§ - re _ Missouri and
Be it enacted by the Senate and House of Representa- i.
tives of the United States of America in Congress assem-ed from the
bled, That within the States of Missouri and Kansas de-º"..."
posits of coal, iron, lead, or other mineral be, and they TAct of Con.
are hereby, excluded from the operation of the act en-sºº ºppº,
titled “An act to promote the development of the mining tº stat.”.
resources of the United States,” approved May tenth, *):
eighteen hundred and seventy-two, and all lands in Said
States shall be subject to disposal as agricultural lands.
AN ACT authorizing the citizens of Colorado, Nevada, and the
Territories to fell and remove timber On the public domain for
mining and domestic purposes.
Be it enacted by the Senate and House of Representa-co.” Sº
tives of the United States of America in Congress assem- #. and the
bled, That all citizens of the United States and otherº", i.
persons, bona fide residents of the State of Colorado, or:#;"º.
Nevada, or either of the Territories of New Mexico, lic domain for
Arizona, Utah, Wyoming, Dakota, Idaho, or Montana, ºf *.*.
and all other mineral districts of the United States, shall P9sº
be, and are hereby, authorized and permitted to fell and º.º.
remove, for building, agricultural, mining, or other do-je isjö
mestic purposes, any timber or other trees growing or §. * *
being on the public lands, said lands being mineral, and
not subject to entry under existing laws of the United
States, except for mineral entry, in either of Said States,
Territories, or districts of which such citizens or persons
may be at the time bona fide residents, subject to such
rules and regulations as the Secretary of the Interior may
prescribe for the protection of the timber and of the un-
dergrowth growing upon such lands, and for other pur-
poses: Provided, The provisions of this act shall not ex-
tend to railroad corporations.
SEC. 2. That it shall be the duty of the register and the
receiver of any local land office in whose district any min-
eral land may be situated to ascertain from time to time
whether any timber is being cut or used upon any such
lands, except for the purposes authorized by this act,
within their respective land districts; and, if so, they
shall immediately notify the Commissioner of the Gen-
eral Land Office of that fact; and all necessary expenses
incurred in making such proper examinations shall be
paid and allowed such register and receiver in making
up their next quarterly accounts.
SEC. 3. Any persoſ, or persons who shall violate the
provisions of this act, or any rules and regulations in
pursuance thereof made by the Secretary of the Interior,
shall be deemed guilty of a misdemeanor, and, upon con-
viction, shall be fined in any sum not exceeding five hun-
dred dollars, and to which may be added imprisonment
for any term not exceeding six months.
14 REGULATIONS.
AN ACT to amend sections twenty-three hundred and twenty-four
and twenty-three hundred and twenty-five of the Revised Stat-
utes of the United States Concerning mineral lands.
tº . Be it enacted by the Senate and House of Representa-
º, º ºpes of the United States of America in Congress assem-
* bled, That section twenty-three hundred and twenty-five
of the Revised Statutes of the United States be amended
by adding thereto the following words: “Provided, That
where the claimant for a patent is not a resident of or
within the land district wherein the vein, lode, ledge, or
deposit sought to be patented is located, the application
for patent and the affidavits required to be made in this
section by the claimant for such patent may be made by
his, her, or its authorized agent, where said agent is con-
versant with the facts sought to be established by said
affidavits: And provided, That this section shall apply to
all applications now pending for patents to mineral
lands.”
adº. SEC. 2. That section twenty-three hundred and twenty-
od commences four of the Révised Statutes of the United States be
On Jan. 1 Suc- T ..] : & 4 {{ g
§edº date of amended by adding the following words: “Provided,
*tion. That the period within which the work required to be
arê. º; done annually, on all, unpatented mineral claims shall
# gº is; cºmmence on the first day of January succeeding the date
ô1). “” of location of such claim, and this section shall apply to
all claims located since the tenth day of May, anno
Domini eighteen hundred and seventy-two.”
AN ACT to amend section twenty-three hundred and twenty-six of
the Revised Statutes relating to suits at law affecting the title to
mining claims.
sº tº . Be it enacted by the Senate, and House of Representa-
not established #ves of the United States of America in Congress assem-
** Pºº bled, That if, in any action brought pursuant to section
º; twenty-three hundred and, twenty-six of the Revised
# sºlº Statutes, title to the ground in controversy shall not be
§§).” ” established by either party, the jury shall so find, and
judgment shall be entered according to the verdict. In
such case costs shall not be allowed to either party, and
the claimant shall not proceed in the land office or be
entitled to a patent for the ground in controversy until
he shall have perfected his title.
AN ACT to amend section twenty-three hundred and twenty-six of
the Revised Statutes in regard to mineral lands, and for other
purposes.
Adverse claim Be it enacted by the Senate and House of Representatives
§º" of the United States of America in Congress assembled,
− s. H.; That the adverse claim required by section twenty-three
Congress agº hundred and twenty-six of the Revised Statutes may be
łºść verified by the oath of any duly authorized agent or
L., 49). attorney in fact of the adverse claimant cognizant of the
facts stated; and the adverse claimant, if residing or at
REGULATIONS. 15
the time being beyond the limits of the district wherein
the claim is situated, may make oath to the adverse claim
before the clerk of any court of record of the United
States or the State or Territory where the adverse claim-
ant may then be, or before any notary public of such
State or Territory.
SEC. 2. That applicants for mineral patents, if residing Affidavit of
beyond the limits of the district wherein the claim is situ- fºslº,
ated, may make any oath or affidavit required for proof *.
of citizenship before the clerk of any court of record, or cºlºr
before any notary public of any State or Territory. º §
2 (22 8LU.
• 3
AN ACT to exclude the public lands in Alabama from the opera-
tion of the laws relating to mineral lands.
Be it enacted by the Senate and House of Representatives ... Alabama ex:
g & & cepted fºr O m
of the United States of America in Congress assembled, tº "operatiº
That within the State of Alabama all public lands, ºne mineral
whether mineral or otherwise, shall be subject to disposal H-
e g Act of Con-
only as agricultural lands: Provided, however, That all gress apprºa
lands which have heretofore been reported to the General ºff silt.”.
Land Office as containing coal and iron shall first be 487). "
offered at public sale: And provided further, That any
bona fide entry under the provisions of the homestead
law of lands within said State heretofore made may be
patented without reference to an act approved May tenth,
eighteen hundred and seventy-two, entitled “An act to
promote the development of the mining resources of the
United States,” in cases where the persons making appli-
cation for such patents have in all other respects com-
plied with the homestead law relating thereto.
AN ACT providing a civil government for Alaska.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
:}; :}; >k :k :k :}; :: .
SEC. 8. That the said district of Alaska is hereby Mining laws
created a land district, and a United States land office for jº".
said district is hereby located at Sitka. The commis-Alaska.
sioner provided for by this act to reside at Sitka shall be Act of Cons
ex officio register of said land office, and the clerk provided; ##";
for by this act shall be ex officio receiver of public moneys, g; stat. L.
and the marshal provided for by this act shall be ex 7"
officio surveyor-general of said district and the laws of
the United States relating to mining claims, and the
rights incident thereto shall, from and after the passage
of this act, be in full force and effect in said district,
under the administration thereof herein provided for,
subject to such regulations as may be made by the Secre-
tary of the Interior, approved by the President: Provided,
That the Indians or other persons in Said district shall
not be disturbed in the possession of any lands actuaily in
their use or occupation or now claimed by them but the
terms under which such persons may acquire title to such
16 - REGULATIONS.
lands is reserved for future legislation by Congress: And
provided further, That parties who have located mines or
mineral privileges therein under the laws of the United
States applicable to the public domain, or who have oc-
cupied and improved or exercised acts of ownership over
such claims, shall not be disturbed therein, but shall be
allowed to perfect their title to such claims by payment as
aforesaid: And provided also, That the land not exceed-
ing six hundred and forty acres at any station now oc-
cupied as missionary stations among the Indian tribes
in said section, with the improvements thereon erected by
or for such societies, shall be continued in the occupancy
of the several religious societies to which said missionary
stations respectively belong until action by Congress.
But nothing contained in this act shall be construed to
put in force in said district the general land laws of the
|United States.
AN ACT making appropriations for sundry civil expenses of the
Government for the fiscal year ending June thirtieth, eighteen
hundred and ninety-One, and for Other Dull pOSes.
Be it enacted by the Senate and Hause of Representa-
Right of ea.”é,0ſ, tº United States of America in Congress as-
try under all sembled, :: ::: ;
§ tºº. No person who shall after the passage of this act, enter
:*:... upon any of the public lands with a view to occupation,
Kiar...8, isãi, entry, or settlement under any of the land laws shall be
*āśation permitted to acquire title to more than three hundred and
ºtºs º twenty acres in the aggregate, under all of said laws, but
for ditches and this limitation shall not operate to curtail the right of any
º “” person who has heretofore made entry or settlement on
-º-; e. the public lands, or whose occupation, entry or settlement,
gress approved is validated by this act: Provided, That in all patents for
# §t.” lands hereafter taken up under any of the land laws of
371).
the United States or on entries or claims validated by this
act west of the one hundredth meridian it shall be ex-
pressed that there is reserved from the lands in Said pat-
ent described a right of way thereon for ditches or canals
constructed by the authority of the United States. * * *
AN ACT to repeal the timber-culture laws, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assem-
Üled, * * *
o,”, ºft SEC. 16. That town-site entries may be made by incor-
iºnºs authorporated towns and cities on the mineral lands of the
£ands en-United States, but no title shall be acquired by such
#.”, ºi towns or cities to any vein of gold, silver, cinnabar, cop-
º, nº ºper, or lead, or to any valid mining claim or possession
siętiºn to held under existing law. . When mineral veins are pos-
*** sessed within the limits of an incorporated town or city,
gº.; and such possession is recognized by local authority, or
M. º. iśi by the laws of the United States, the title to town lots
{#sºut “shall be subject to such recognized possession and the nec-
REGULATIONS. 17
essary use thereof, and when entry has been made or
patent issued for such town sites to such incorporated
town or city, the possessor of such mineral vein may enter
and receive patent for such mineral vein, and the surface
ground appertaining thereto : Provided, That no entry
shall be made by such mineral-vein claimant for surface
ground where the owner or occupier of the surface
ground shall have had possession of the same before the
inception of the title of the mineral-vein applicant.
SEC. 17. That reservoir sites located or selected and to
be located and selected under the provisions of “An act
making appropriations for Sundry civil expenses of the
Government for the fiscal year ending June thirtieth,
eighteen hundred and eighty-nine, and for other pur-
poses,” and amendments thereto, shall be restricted to and
shall contain only so much land as is actually necessary
for the construction and maintenance of reservoirs, ex-
cluding so far as practicable lands occupied by actual
settlers at the date of the location of said reservoirs, and
that the provisions of “An act making appropriations for
sundry civil expenses of the Government for the fiscal
year ending June thirtieth, eighteen hundred and ninety- --
one, and for other purposes,” which reads as follows, viz:
“No person who shall after the passage of this act enter
upon any of the public lands with a view to occupation,
entry, or settlement under any of the land laws shall be
permitted to acquire title to more than three hundred and
twenty acres in the aggregate under all said laws,” shall
be construed to include in the maximum amount of lands
the title to which is permitted to be acquired by one per-
son only agricultural lands and not include lands entered
or sought to be entered under mineral land laws.
>k >k ck ::: >; >}; >}:
AN ACT to authorize the entry of lands chiefly valuable for build-
ing stone under the placer mining laws. wº
& - _ E n try of
Be it enacted by the Senate and House of Representa-1,...º.º.
tives of the United States of America in Congress assem-valuable for
. * building st
bled, That any person authorized to enter lands under the 'º';* ***.
mining laws of the United States may enter lands that pººr mining
are chiefly valuable for building stone under the pro- H-
visions of the law in relation to placer-mineral claims: gº
Provided, That lands reserved for the benefit of the public # shº
Schools or donated to any State shall not be subject to 348). "
entry under this act.
AN ACT to amend section numbered twenty-three hundred and
twenty-four Of the Revised Statutes Of the United States relat-
ing to mining claims.
tº º a Requirement
Be it enacted by the Senate and House of Representa- or ºf
tives of the United States of America in Congress assem- É."º sº;
e year º
bled, That the provisions of section numbered twenty- ja ”
three hundred and twenty-four of the Revised Statutes g.º.º. r...”
South Dakota.
34518–07—3
18 REGULATIONS.
erº.º. of the United States, which require that on each claim
§y ... iśā located after the tenth day of May, eighteen hundred and
§ * * seventy-two, and until patent has been issued therefor,
not less than one hundred dollars’ worth of labor shall
be performed or improvements made during each year, be
suspended for the year eighteen hundred and ninety-
three, so that no mining claim which has been regularly
Jocated and recorded as required by the local laws and
mining regulations shall be subject to forfeiture for non-
performance of the annual assessment for the year eight-
een hundred and ninety-three: Provided, That the claim-
ant or claimants of any mining location, in order to Secure
the benefits of this act shall cause to be recorded in the
office where the location notice or certificate is filed on or
before December thirty-first, eighteen hundred and
ninety-three, a notice that he or they, in good faith intend
to hold and work said claim : Provided, however, That
the provisions of this act shall not apply to the State of
South Dakota.
This act shall take effect from and after its passage.
AN ACT to annend section numbered twenty-three hundred and
twenty-four of Revised Statutes of the United States relating
to mining Claims.
Requirement Be it enacted by the Senate and House of Representa-
:*:::::..”... tives of the United States of America in Congress assem-
the year, 1894 bled, That the provisions of section numbered twenty-
******, three hundred and twenty-four of the Revised Statutes
South Dakota of the United States, which require that on each claim
Act of Con, located after the tenth day of May, eighteen hundred and
gress approved g tº
jūī; i. iś, seventy-two, and until patent has been issued therefor,
§).5" " not less than one hundred dollars worth of labor shall be
performed or improvements made during each year, be
suspended for the year eighteen hundred and ninety-
four, so that no mining claim which has been regularly
te located and recorded as required by the local laws and
mining regulations shall be subject to forfeiture for non-
performance of the annual assessment for the year eight-
een hundred and ninety-four: Provided, That the claim-
ant or claimants of any mining location, in order to secure
the benefits of this act, shall cause to be recorded in the
office where the location notice or certificate is filed on or
before December thirty-first, eighteen hundred and
ninety-four, a notice that he or they in good faith intend
to hold and work said claim: Provided, however, That
the provisions of this act shall not apply to the State of
South Dakota.
SEC. 2. That this act shall take effect from and after
its passage.
- WICHITA LANDS (OKLAHOMA).
>k :k >}: :k 3k
Mar. 2 That the laws relating to the mineral lands of the
1sº staff. United States are hereby extended over the lands ceded
876–894–899 by the foregoing agreement.
REGULATIONS. 19
AN ACT to authorize the entry and patenting of lands containing
petroleum and other mineral oils under the placer mining laws
Of the United States.
Be it enacted by the Senate and House of Representatives ... Entry, and
patenting of
of the United States of America in Congress assem-iºnis";ntain:
bled, That any person authorized to enter lands under ... .º.º.
the mining laws of the United States may enter and ob-ºlº.
tain patent to lands containing petroleum or other min- # ºr
eral oils, and chiefly valuable therefor, under the pro-TAct of c.
visions of the laws relating to placer mineral claims: º ºppº,
Provided, That lands containing such petroleum or other ºf Štát.”.
mineral oils which have heretofore been filed upon, *).
claimed, or improved as mineral, but not yet patented,
may be held and patented under the provisions of this
act the same as if such filing, claim, or improvement were
subsequent to the date of the passage hereof.
AN ACT making appropriations for sundry civil expenses of the
Government for the fiscal year ending June thirtieth, eighteen
hundred and ninety-eight, and for other purposes. (30 Stat.,
34, 35, 36.)
All public lands heretofore designated and reserved by ...Vol. 26, p.
the President of the United States under the provisions”
of the act approved March third, eighteen hundred and
ninety-one, the orders for which shall be and remain in
full force and effect, unsuspended and unrevoked, and all
public lands that may hereafter be set aside and reserved
as public forest reserves under said act, shall be as far as
racticable controlled and administered in accordance
with the following provisions:
No public forest reservation shall be established, except Forest reser.
to improve and protect the forest within the reservation, ". .
or for the purpose of securing favorable conditions of lished.
water flows, and to furnish a continuous supply of timber
for the use and necessities of citizens of the United
States; but it is not the purpose or intent of these provi-
sions, or of the act providing for such reservations, to
authorize the inclusion therein of lands more valuable for
the mineral therein, or for agricultural purposes, than for
forest purposes.
:k: >; sk :k ::
The Secretary of the Interior may permit, under regu: ...º.º. tº
lations to be prescribed by him, the use of timber and ºther, to.”
stone found upon such reservations, free of charge, by
bona fide settlers, miners, residents, and prospectors for
minerals, for firewood, fencing, buildings, mining, pros-
pecting, and other domestic purposes, as may be needed
by such persons for such purposes; such timber to be used
within the State or Territory, respectively, where such
reservations may be located.
Nothing herein shall be construed as prohibiting the pºe; ºg
ingress of set-
egress or ingress of actual settlers residing within the tiers wº
boundaries of such reservations, or from crossing the ." ******
20
REGULATIONS.
same to and from their property or homes; and such
wagon roads and other improvements may be constructed
thereon as may be necessary to reach their homes and to
utilize their property under such rules and regulations as
may be prescribed by the Secretary of the Interior. Nor
shall anything herein prohibit any person from entering
upon such forest reservations for all proper and lawful
purposes, including that of prospecting, locating, and de-
veloping the mineral resources thereof: Provided, That
such persons comply with the rules and regulations cover-
ing such forest reservations.
*.*.*. Upon the recommendation of the Secretary of the In-
of mineral
Ol'
agricultural terior, with the approval of the President, after sixty
lands
the
jic jºmain days' notice thereof, published in two papers of general
circulation in the State or Territory wherein any forest
reservation is situated, and near the said reservation, any
public lands embraced within the limits of any forest
reservation which, after due examination by presonal in-
Agt ºuge, 3, spection of a competent person appointed for that pur-
Provisos.
Price.
No occupanc
prior to open-
ing.
# S97, 30 Stat.
' pose by the Secretary of the Interior, shall be found
better adapted for mining or for agricultural purposes
than for forest usage, may be restored to the public do-
main. And any mineral lands in any forest reservation
which have been or which may be shown to be such, and
subject to entry under the existing mining laws of the
United States and the rules and regulations applying
thereto, shall continue to be subject to such location and
entry, notwithstanding any provisions herein contained.
AN ACT making appropriations for current and contingent ex-
penses of the Indian Department and fulfilling treaty stipula-
tions with various Indian tribes for the fiscal year ending June
thirtieth, eighteen hundred and ninety-Seven, and for other
purposes.
:: :: :}; # :k
Fort Belknap Indian Reservation, Montana.)
EC. 8. * * * That upon the filing in the United
States local land office for the district in which the lands
surrendered by article one of the foregoing agreement are
situated, of the approved plat of Survey authorized by
this section, the lands so surrendered shall be open to
occupation, location, and purchase, under the provisions
of the mineral-land laws only, subject to the several
articles of the foregoing agreement: Provided, That said
y lands shall be sold at ten dollars per acre: And provided
further, That the terms of this section shall not be con-
strued to authorize the occupancy of Said lands for min-
ing purposes prior to the date of filing said approved
lat of survey. * * *
(Blackfeet Indian Reservation, Montana.)
SEC. 9. * * * That upon the filing in the United
States local land office for the district in which the lands
REGULATIONS. 21
surrendered by article one of the foregoing agreement are
situated, of the approved plat of Survey authorized by
this Section, the lands so surrendered shall be opened to
Occupation, location, and purchase under the provisions
of the mineral-land laws only, subject to the several . .
articles of the foregoing agreement: Provided, That the ...;ancy
terms of this section shall not be construed to authorize prior to open-
occupancy of said lands for mining purposes prior to the "*
date of filing Said approved plat of survey.
(San Carlos Indian Reservation, Arizona.)
SEC. 10. * * * That upon the filing in the United
States local land office for the district in which the lands
surrendered by article one of the foregoing agreement are
situated, of the approved plat of survey authorized by
this section, the lands so surrendered shall be opened to
occupation, location, and purchase under the provisions
of the mineral-land laws only, subject to the several
articles of the foregoing agreement: Provided, That the Nºney
terms of this section shall not be construed to authorize prior to open.
occupancy of said lands for mining purposes prior to the “”
date of filing said approved plat of Survey: Provided,
however, That any person who in good faith prior to the ai.” .
passage of this act had discovered and opened, or located, coal, etc.
a mine of coal or other mineral, shall have a preference Act of Con-
right of purchase for ninety days from and after the #. §§º.
official filing in the local land office of the approved plat § sº
of survey provided for by this section. §§).’ al.,
AN ACT extending the homestead laws and providing for right of
way for railroads in the district of Alaska, and for other
purposes.
*: :: :}; : :::
SEC. 13. That native-born citizens of the Dominion of ºil # 'A';
Canada shall be accorded in said district of Alaska the kā to native.
same mining rights and privileges accorded to citizens of ºne ºf:
the United States in British Columbia and the Northwest ion of Canada.
Territory by the laws of the Dominion of Canada or the Act of ºngº
local laws, rules, and regulations; but no greater rightsºso;
shall be thus accorded than citizens of the United States, *, *).
or persons who have declared their intention to become
such, may enjoy in Said district of Alaska; and the Secre-
tary of the Interior shall from time to time promulgate
and enforce rules and regulations to carry this provision
into effect. -
AN ACT making further provisions for a civil government for
- Alaska, and for Other purposes.
Sec. 15. The respective recorders shall, upon the pay- what record.
ment of the fees for the same prescribed by the Attorney-ºº:
* * rº 4" stº ^e e * * t * _ Act of Con-
General, recor d separ ately, in large and well bound sepa gress approved
rate books, in fair hand: {}}"stº #9
First. Deeds, grants, transfers, contracts to sell or con- $36-330).
vey real estate and mortgages of real estate, releases of
22 REGULATIONS.
mortgages, powers of attorney, leases which have been
acknowledged or proved, mortgages upon personal
property;
::: §: >{< sk ::
Ninth. Affidavits of annual work done on mining
claims; -
Tenth. Notices of mining location and declaratory
statements;
Eleventh. Such other writings as are required or per-
mitted by law to be recorded, including the liens of me-
Proviso. chanics, laborers, and others: Provided, Notices of loca-
gº." | * * tion of mining claims shall be filed for record within
ninety days from the date of the discovery of the claim
described in the notice, and all instruments shall be re-
Where in corded in the recording district in which the property or
Struments re- gº s e e
corded. subject-matter affected by the instrument is situated, and
where the property or subject-matter is not situated in
any established recording district the instrument affect-
ing the same shall be recorded in the office of the clerk
of the division of the court having supervision over the
recording division in which such property or subject-
matter is situated.
:: :: :: :}; ::
Proviso. * * * Provided, Miners in any organized mining
Miners’ reg- *ly &
uniºns ºr district may make rules and regulations governing the
*...* recording of notices of location of mining claims, water
rights, flumes and ditches, mill sites and affidavits of
labor, not in conflict with this act or the general laws of
the United States; and nothing in this act shall be con-
strued so as to prevent the miners in any regularly organ-
ized mining district not within any recording district
established by the court from electing their own mining
recorder to act as such until a recorder therefor is ap-
Records a t pointed by the court: Provided further, All records here-
;d.” “tofore regularly made by the United States commissioner
at Dyea, Skagway, and the recorder at Douglas City, not
- in conflict with any records regularly made with the
United States commissioner at Juneau, are hereby legal-
ized. And all records heretofore made in good faith in
any regularly organized mining district are hereby made
public records, and the same shall be delivered to the re-
corder for the recording district including such mining
district within six months from the passage of this act.
Mining laws. SEC. 26. The laws of the United States relating to min-
ing claims, mineral locations, and rights incident thereto
dººr, are hereby extended to the district of Alaska: Provided,
To aſſions on That subject only to such general limitations as may be
*** * necessary to exempt navigation from artificial obstruc-
tions all land and shoal water between low and mean high
tide on the shores, bays, and inlets of Bering Sea, within
the jurisdiction of the United States, shall be subject to
exploration and mining for gold and other precious metals
by citizens of the United States, or persons who have
REGULATIONS. 23
legally declared their intentions to become such, under lºs' res"
such reasonable rules and regulations as the miners in g
Organized mining districts may have heretofore made or
may hereafter make governing the temporary possession
thereof for exploration and mining purposes until other-
wise provided by law: Provided further, That the rules nºwº, #.
and regulations established by the miners shall not be in j ºs.”
conflict with the mining laws of the United States; and
no exclusive permits shall be granted by the Secretary of
War authorizing any person or persons, corporation, or
company to excavate or mine under any of said waters
below low tide, and if such exclusive permit has been Exclusive per-
granted it is hereby revoked and declared null and void; "... ... *
but citizens of the United States or persons who have
legally declared their intention to become such shall have
the right to dredge and mine for gold or other precious
metals in said waters, below low tide, subject to such
general rules and regulations as the Secretary of War
may prescribe for the preservation of order and the pro-
tegtion of the interests of commerce; such rules and regu-
lations shall not, however, deprive miners on the beach
of the right hereby given to dump tailings into or pump
from the Sea opposite their claims, except where such
dumping would actually obstruct navigation; and the lºsiº.
reservation of a roadway sixty feet wide, under the tenth ºre...".
section of the act of May fourteenth, eighteen, hundred ºia.’”
and ninety-eight, entitled “An act extending the home- "
stead laws and providing for right of way for railroads
in the district of Alaska, and for other purposes,” shall
not apply to mineral lands or town sites.
$: #: #: :k 3;
DISPOSITION of Comanche, Kiowa, and Apache lands under an
agreement ratified by act of Congress of June 6, 1900 (31 Stat.,
672, 676–680).
::: :k $: #: >}:
That should any of said lands allotted to said Indians,
or opened to settlement under this act, contain valuable
mineral deposits, such mineral deposits shall be open to
location and entry, under the existing mining laws of the
United States, upon the passage of this act, and the min-
eral laws of the United States are hereby extended over
said lands.
AN ACT extending the mining laws to saline lands.
Be it enacted by the Senate and House of Representa- ºf .
tives of the United States of America in Congress assem-line lands.
bled, That all unoccupied public lands of the United TAct of con.
States containing salt springs, or deposits of Salt in any #. Fº
form, and chiefly valuable therefor, are hereby declared (3i Štát. L.,
to be subject to location and purchase under the provisions"
of the law relating to placer-mining claims: Provided,
24 REGULATIONS.
That the same person shall not locate or enter more than
one claim hereunder.
AN ACT making appropriations for the current and contingent
expenses of the Indian Department and for fulfilling treaty
stipulations with various Indian tribes for the fiscal year ending
June thirtieth, nineteen hundred and three, and for other
purposes. -
Uintah, and Be it enacted by the Senate and House of Representa-
White R i V e r , , º & e
Utes. tives of the United States of America in Congress assem-
tº bled, * *, *, That the Secretary of the Interior, with
the consent thereto of the majority of the adult male
Indians of the Uintah and the White River tribes of Ute
Indians, to be ascertained as soon as practicable by an
inspector, shall cause to be allotted to each head of a
family eighty acres of agricultural land which can be
irrigated and forty acres of such land to each other mem-
Unailotted ber of said tribes, said allotments to be made prior to
###"to hi. October first, nineteen hundred and three, on which date
i.”imin’” all the unallotted lands within said reservation shall be
#...tead restored to the public domain : Provided, That persons
entries. entering any of Said land under the homestead law shall
pay therefor at the rate of one dollar and twenty-five
ºn * r * cents per acre: And provided further, That nothing
herein contained shall impair the rights of any mineral
lease which has been approved by the Secretary of the
Interior, or any permit heretofore issued by direction of
the Secretary of the Interior to negotiate with said In-
dians for a mineral lease; but any person or company
having so obtained such approved mineral lease or such
permit to negotiate with Said Indians for a mineral lease
on said reservation, pending such time and up to thirty
days before said lands are restored to the public domain
as aforesaid, shall have in lieu of such lease or permit the
preferential right to locate under the mining laws not to
exceed six hundred and forty acres of contiguous mineral
º land, except the Raven Mining Company, which may in
lieu of its lease locate one hundred mining claims of the
o, º character of mineral mentioned in its lease; and the pro-
pro c e ed S e
from sales. ceeds of the sale of the lands so restored to the public
Act of con domain shall be applied, first, to the reimbursement of the
#; º; United States for any moneys advanced to said Indians
(33. Stat. L., to carry into effect the foregoing provisions; and the
263). remainder, under the direction of the Secretary of the
Interior, shall be used for the benefit of said Indians.
: :}; :: :}; >k
AN ACT defining what shall constitute and providing for assess-
ments On Oil mining claims.
Assessment & -
ºf . Be it enacted by the Senate, and House of Representa-
of m in in g tives of the United States of America in Congress assem-
claims. bled, That where oil lands are located under the pro-
Act of Con- ºr ; c.; A. º § -- - º
gress approved VS1911S of title thirty-two, chapter six, Revised Statutes
Feb. 12, 1993 of the United States, as placer mining claims, the annual
32 Stat. L., &
gº, sº assessment labor upon Such claims may be done upon any
BEGULATIONS. 25
one of a group of claims lying contiguous and owned by
the same person or corporation, not exceeding five claims
in all: Provided, That said labor will tend to the devel-
opment or to determine the oil-bearing character of such
contiguous claims.
AN ACT making appropriations for the current and contingent
expenses of the Indian Department and for fulfilling treaty stip-
ulations with various Indian tribes for the fiscal year ending
June thirtieth, nineteen hundred and four, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assem-
bled, * * *
That in the lands within the former Uncompahgre In-rºſ.
dian Reservation, in the State of Utah, containing gilson-vagº,
ite, asphaltum, elaterite, or other like substances, which claims "dºeft
were reserved from location and entry by provision in the ºn Piºsº
act of Congress entitled “An act making appropriations valid. " y
for the current and contingent expenses of the Indian
Department and for fulfilling treaty stipulations with
various Indian tribes, for the fiscal year ending June
thirtieth, eighteen hundred and ninety-eight, and for
other purposes,” approved June Seventh, eighteen hun-s
dred and ninety-seven, all discoveries and locations of
any such mineral lands by qualified persons prior to Jan-
uary first, eighteen hundred and ninety-one, not pre-
viously discovered and located, who recorded notices of
such discoveries and locations prior to January first,
eighteen hundred and ninety-one, either in the State of
Colorado, or in the office of the county recorder of Uintah
County, Utah, shall have all the force and effect accorded
by law to locations of mining claims upon the public
domain. All such locations may hereafter be perfected, is:"...'...
and patents shall be issued therefor upon compliance tº etc., of
with the requirements of the mineral land laws, provided S.
that the owners of such locations shall relocate their
respective claims and record the same in the office of the
county recorder of Uintah County, Utah, within ninety
days after the passage of this act. All locations of any ...?..."; tº:
such mineral lands made and recorded on or subsequent Jan. 1, 1851,
to January first, eighteen hundred and ninety-one, are "*"
hereby declared to be null and void; and the remainder ºf .
of the lands heretofore reserved as aforesaid because of minerai lands.
the mineral substances contained in them, in so far as the
same may be within even-numbered sections, shall be sold
and disposed of in tracts not exceeding forty acres, or a
quarter of a quarter of a section, in such manner and
upon such terms and with such restrictions as may be Restrictions.
prescribed in a proclamation of the President of the ...Act of Con;
United States issued for that purpose not less than one; *ś
hundred and twenty days after the passage of this act, §, stat. L.
and not less than ninety days before the time of sale or ``"
34518–07—4
_30 Stat., p.
( .
26 REGULATIONS.
disposal, and the balance of said lands and also all the
mineral therein are hereby specifically reserved for future
action of Congress.
Sk :k Sk $: :*
AN ACT for the survey and allotment of lands now embraced
within the limits of the Flathead Indian Reservation, in the
State of Montana, and the sale and disposal of all surplus
lands after allotment.
:{< ::: :k 3% §:
classifica. SEC. 5. That said commissioners shall then proceed to
i.e. * * * personally inspect and classify and appraise, by the small-
est legal subdivisions of forty acres each, all of the re-
maining lands embraced within said reservation. In
making such classification and appraisement said lands
shall be divided into the following classes: First, agri-
cultural land of the first class; second, agricultural land
of the second class; third, timber lands, the same to be
lands more valuable for their timber than for any other
purpose; fourth, mineral lands; and fifth, grazing lands.
:k sk :: :k Sk
Disposal of SEC. 8. That when said commission shall have com-
lands. pleted the classification and appraisement of all of Said
lands and the same shall have been approved by the Sec-
retary of the Interior, the land shall be disposed of under
the provisions of the homestead, mineral, and town-site
laws of the United States, except such of said lands as
Timber and shall have been classified as timber lands, and excepting
jea""" sections sixteen and thirty-six of each township, which
are hereby granted to the State of Montanº for school
purposes. * * * -
::: :: :}: >}: ::
Mineral land SEC. 10. That only mineral entry may be made on such
entries. of said lands as said commission shall designate and
classify as mineral under the general provisions of the
mining laws of the United States, and mineral entry may
also be made on any of Said lands whether designated
by said commission as mineral lands or otherwise, such
classification by said commission being only prima facie
evidence of the mineral or nonmineral character of the
Proviso. same: Provided, That no such mineral locations shall be
*P* permitted upon any lands allotted in severalty to an
Act of Con; Indian. &
gress approved
Apr. 23, 1904
t., 302). § e
(33 Sta ) AN ACT to ratify and amend an agreement with the Indians of
the Crow Reservation, in Montana, and making appropriations
to carry the same into effect.
:: $3 >}: :k :k
SEC. 5. * * * And provided further, That the price
of said lands shall be four dollars per acre, when entered
REGULATIONS. & 27
under the homestead laws. * * * Lands entered Town. - site
g tº . . a n d m in era. I
under the town-site and mineral land laws shall be paid fands.
for in amount and manner as provided by said laws, but A.I. c.
in no event at a less price than that fixed herein for such gress approved
& * & •. 27. 1904
lands, if entered under the homestead laws. * * * $siº,áš.
AN ACT to authorize the sale and disposition of surplus or
unallotted lands of the Yakima Indian Reservation, in the State
Of Washington.
$: :k # . Sk :k
SEC. 3. That the residue of the lands of said reserva- Appraisal of
tion—that is, the lands not allotted and not reserved—lººt.”
shall be classified under the direction of the Secretary of
the Interior as irrigable lands, grazing lands, timber
lands, or arid lands, and shall be appraised under their
appropriate classes by legal Subdivisions, with the excep-
tion of the mineral lands, which need not be appraised,
and the timber on the lands classified as timber lands
shall be appraised separately from the land. The basis
for the appraisal of the timber shall be the amount of
standing merchantable timber thereon, which shall be
ascertained and reported.
:}; >{< & . 2k :::
The lands classified as mineral lands shall be subject ºf n e º a
* e & , lands.
to location and disposal under the mineral-land laws of
the United States: Provided, That lands not classified as Provisos.
mineral may also be located and entered as mineral lands, clº
subject to approval by the Secretary of the Interior and mineral lands.
conditioned upon the payment, within one year from the
date when located, of the appraised value of the lands
per acre fixed prior to the date of such location, but at
not less than the price fixed by existing law for mineral
lands: Provided further, That no such mineral locations Restriction.
shall be permitted on any lands allotted to Indians in Act of Con.
severalty or reserved for any purpose as herein au- #. Fº
thorized. (33 Stat., 595).
AN ACT to ratify and amend an agreement with the Indians
residing on the Shoshone or Wind River Indian Reservation in
the State of Wyoming and to make appropriations for carrying
the Same into effect.
:: >{< :: :k :k
SEC. 2. That the lands ceded to the United States under open in g of
the said agreement shall be disposed of under the pro-" " *
visions of the homestead, town-site, coal, and mineral
land laws of the United States and shall be opened to
settlement and entry by proclamation of the Presi- Proclamation.
dent. * * * . *
$: 2}: 3}: :k 2}:
* * * Lands entered under the town-site, coal, and Town-site,
mineral land laws shall be paid for in amount and man-Sºe."
ner as provided by Said laws. Notice of location of all
28 REGULATIONS. º
mineral entries shall be filed in the local land office of
the district in which the lands covered by the location
are situated, and unless entry and payment shall be made
within three years from the date of location all rights
Act of Con; thereunder shall cease; * * * that all lands, except
§: **ś mineral and coal lands, herein ceded remaining undis-
§).**** posed of at the expiration of five years from the opening
of said lands to entry shall be sold to the highest bidder
for cash at not less than one dollar per acre under rules
and regulations to be prescribed by the Secretary of the
Interior. * * *
AN ACT to authorize the sale and disposition of surplus or un-
allotted lands Of the diminished Colville Indian Reservation,
in the State of Washington, and for other purposes.
::: : :k :}; 3k
lº, n ° " " ' SEC. 3. That upon the completion of said allotments to
*...-H… said Indians the residue, or surplus lands—that is, lands
gress approved not allotted or reserved for Indian School, agency, or
Mar. * 199% other purposes—of the said diminished Colville Indian
Reservation shall be classified under the direction of the
Secretary of the Interior as irrigable lands, grazing
lands, timber lands, mineral lands, or arid lands, and
shall be appraised under their appropriate classes by
legal subdivisions, with the exception of the lands classed
as mineral lands, which need not be appraised, and which
shall be disposed of under the general mining laws of the
United States.
COEUR D’ALENE INDIAN LANDS.
(Indian appropriation act for fiscal year ending June 30, 1907.)
>}: :}; :}; >}: #:
M n e r a 1 * * * Provided further, That the general mining
lands. laws of the United States shall extend after the approva:
21°iº, "º of this act to any of said lands, and mineral entry may
Stat., 336). be made on any of said lands, but no such mineral selec-
tion shall be permitted upon any lands allotted in sev-
Coal and oil eralty to the Indians: Provided further, That all the
deposits re- e wº g &
served. coal or oil deposits in or under the lands on the said
reservation shall be and remain the property of the
United States, and no patent that may be issued under
the provisions of this or any other act of Congress shall
convey any title thereto. * * *
Margº 1907 AN ACT to amend the laws governing labor or improvements
t
( 3 5 a t . , g $ ai & &lSR ºl.
1243). upon mining Claims in Alaska
Alaska. Be it enacted by the Senate and House of Representa-
Annual im-
prºvements, tives of the United States of America in Congress assem-
.*.*.*.*, bled, That during each year and until patent has been
claims. issued therefor, at least one hundred dollars’ worth of
labor shall be performed or improvements made on, or
for the benefit or development of, in accordance with
REGULATIONS. 29
existing law, each mining claim in the district of Alaska
heretofore or hereafter located. And the locator or Filing affi-
owner of such claim or some other person having knowl- **
edge of the facts may also make and file with the said
recorder of the district in which the claims shall be situate
an affidavit showing the performance of labor or making
of improvements to the amount of one hundred dollars
as aforesaid and specifying the character and extent of
such work. Such affidavit shall set forth the following:
First, the name or number of the mining claims and Contents.
where situated; second, the number of days’ work done -
and the character and value of the improvements placed
thereon; third, the date of the performance of such labor
and of making improvements; fourth, at whose instance
the work was done or the improvements made; fifth, the
actual amount paid for work and improvement, and by
whom paid when the same was not done by the owner. , Prima, facie
Such affidavit shall be prima facie evidence of the per-ºis &
formance of such work or making of such improvements, * *
but if such affidavits be not filed within the time fixed by
this act the burden of proof shall be upon the claimant to
establish the performance of such annual work and im-
provements. And upon failure of the locator or owner Forfeiture.
of any such claim to comply with the provisions of this
act, as to performance of work and improvements, such
claim shall become forfeited and open to location by
others as if no location of the same had ever been made.
The affidavits required hereby may be made before any wº
officer authorized to administer oaths, and the provisions º 'º".
of sections fifty-three hundred and ninety-two and fifty-":" s, sees.
three hundred and ninety-three of the Revised Statutes #3, 5898, p.
are hereby extended to such ſfidavits. Said affidavits"
shall be filed not later than ninety days after the close of ºne of al-
the year in which such work is performed. “s.
SEC. 2. That the recorders for the several divisions or Fee.
districts of Alaska shall collect the sum of one dollar and
fifty cents as a fee for the filing, recording, and indexing
said annual proofs of work and improvements for each
claim so recorded.
REGULATIONS.
INATUTRE AND EXTENT OF MINING CLAIMS.
1. Mining claims are of two distinct classes: Lode claims and
placers.
LODE CLAIMS.
2. The status of lode claims located or patented previous to the 10th
day of May, 1872, is not changed with regard to their extent along the
lode or width of surface; but the claim is enlarged by sections 2322
and 2328, by investing the locator, his heirs or assigns, with the right
to follow, upon the conditions stated therein, all veins, lodes, or ledges,
the top or apex of which lies inside of the surface lines of his claim.
3. It is to be distinctly understood, however, that the law limits the
possessory right to veins, lodes, or ledges, other than the One named
in the original location, to such as were not adversely claimed on May
10, 1872, and that where such other vein or ledge was so adversely
claimed at that date the right of the party so adversely claiming is in
no way impaired by the provisions of the Revised Statutes.
4. From and after the 10th May, 1872, any person who is a citizen
of the United States, or who has declared his intention to become a
citizen, may locate, record, and hold a mining claim of fifteen hundred
linear feet along the course of any mineral vein or lode subject to loca-
tion; or an association of persons, severally qualified as above, may
make joint location of such claim of fifteen hundred feet, but in no
event can a location of a vein or lode made after the 10th day of May,
1872, exceed fifteen hundred feet along the course thereof, whatever
may be the number of persons composing the association.
5. With regard to the extent of surface ground adjoining a vein or
lode, and claimed for the convenient working thereof, the Revised
Statutes provide that the lateral extent of locations of veins or lodes
made after May 10, 1872, shall in no case eaceed three hundred feet on
each side of the middle of the vein at the Surface, and that no such
surface rights shall be limited by any mining regulations to less than
twenty-five feet on each side of the middle of the yein at the surface,
except where adverse rights existing on the 10th May, 1872, may ren-
der such limitation necessary; the end lines of such claims to be in all
cases parallel to each other. Said lateral, measurements can not
extend beyond three hundred feet on either side of the middle of the
vein at the surface, or such distance as is allowed by local laws. For
example: 400 feet can not be taken on one side and 200 feet on the
other. If, however, 300 feet on each side are allowed, and by reason
of prior claims but 100 feet can be taken on one side, the locator will
30
TEGULATIONS. 31
not be restricted to less than 300 feet on the other side; and when the
locator does not determine by exploration where the middle of the
vein at the surface is, his discovery shaft must be assumed to mark
such point. - e
6. By the foregoing it will be perceived that no lode claim located
after the 10th May, 1872, can exceed a parallelogram fifteen hun-
dred feet in length by six hundred feet in width, but whether surface
ground of that width can be taken depends upon the local regulations
or State or Territorial laws in force in the several mining districts;
and that no such local regulations or State or Territorial laws shall
limit a vein or lode claim to less than fifteen hundred feet along the
course thereof, whether the location is made by one or more persons,
nor can surface rights be limited to less than fifty feet in width unless
adverse claims existing on the 10th day of May, 1872, render such
lateral limitation necessary.
7. Locators can not exercise too much care in defining their loca-
tions at the outset, inasmuch as the law requires that all records of
mining locations made subsequent to May 10, 1872, shall contain the
name or names of the locators, the date of the location, and such a
description of the claim or claims located, by reference to some natu-
ral object or permanent monument, as will identify the claim.
8. No lode claim shall be located until after the discovery of a
vein or lode within the limits of the claim, the object of which pro-
vision is evidently to prevent the appropriation of presumed mineral
ground for speculative purposes, to the exclusion of boma fide pros-
pectors, before sufficient work has been done to determine whether a
vein or lode really exists. *
9. The claimant should, therefore, prior to locating his claim,
unless the vein can be traced upon the surface, sink a shaft or run a
tunnel or drift to a sufficient depth therein to discover and develop a
mineral-bearing vein, lode, or crevice; should determine, if possible,
the general course of such vein in either direction from the point of
discovery, by which direction he will be governed in marking the
boundaries of his claim on the surface. His location notice should
give the course and distance as nearly as practicable from the dis-
covery shaft on the claim to Some permanent, well-known points or
objects, such, for instance, as Stone monuments, blazed trees, the con-
fluence of streams, point of intersection of well-known gulches, ra-
vines, or roads, prominent buttes, hills, etc., which may be in the
immediate vicinity, and which will serve to perpetuate and fix the
locus of the claim and render it susceptible of identification from the
description thereof given in the record of locations in the district, and
should be duly recorded.
10. In addition to the foregoing data, the claimant should state
the names of adjoining claims, or, if none adjoin, the relative posi-
tions of the nearest claims; should drive a post or erect a monument
of stones at each corner of his surface ground, and at the point of dis-
covery or discovery shaft should fix a post, stake, or board, upon
which should be designated the name of the lode, the name or names
of the locators, the number of feet claimed, and in which direction
from the point of discovery; it being essential that the location notice
filed for record, in addition to the foregoing description, should state
whether the entire claim of fifteen hundred feet is taken on one side
of the point of discovery, or whether it is partly upon one and partly
32 REGULATIONS.
upon the other side thereof, and in the latter case, how many feet are
claimed upon each side of such discovery point.
11. The location notice must be filed for record in all respects as
required by the State or Territorial laws and local rules and regula-
tions, if there be any. &
12. In order to hold the possessory title to a mining claim located
prior to May 10, 1872, the law requires that ten dollars shall be
expended annually in labor or improvements for each one hundred
feet in length along the vein or lode. In order to hold the pos-
sessory right to a location made since May 10, 1872, not less than one
hundred dollars’ worth of labor must be performed or improvements
made thereon annually. Under the provisions of the act of Congress
approved January 22, 1880, the first annual expenditure becomes due
and must be performed during the calendar year succeeding that in
which the location was made. Where a number of contiguous claims
are held in common, the aggregate expenditure that would be neces-
sary to hold all the claims, may be made upon any one claim. Corner-
ing locations are held not to be contiguous.
13. Failure to make the expenditure or perform the labor required
upon a location made before or since May 10, 1872, will subject a
claim to relocation, unless the original locator, his heirs, assigns, or
legal representatives have resumed work after such failure and before
relocation.
14. Annual expenditure is not required subsequent to entry, the
date of issuing the patent certificate being the date contemplated by
statute.
15. Upon the failure of any one of several coowners to contribute
his proportion of the required expenditures, the coowners, who have
performed the lafor or made the improvements as required, may,
at the expiration of the year, give such delinquent coowner personal
notice in writing, or notice by publication in the newspaper published
nearest the claim for at least once a week for ninety days; and if upon
the expiration of ninety days after such notice in writing, or upon
the expiration of one hundred and eighty days after the first news-
paper publication of notice, the delinquent coowner shall have failed
to contribute his proportion to meet such expenditures or improve-
ments, his interest in the claim by law passes to his coowners who
have made the expenditures or improvements as aforesaid. Where
a claimant alleges ownership of a forfeited interest under the fore-
going provision, the sworn statement of the publisher as to the facts
of publication, giving dates and a printed copy of the notice pub-
lished, should be furnished, and the claimant must Swear that the
delinquent coowner failed to contribute his proper proportion within
the period fixed by the statute.
TUINN ELS.
16. The effect of section 2323, Revised Statutes, is to give the pro-
prietors of a mining tunnel run in good faith the possessory right
to fifteen hundred feet of any blind lodes cut, discovered, or inter-
sected by such tunnel, which were not previously known to exist,
within three thousand feet from the face or point of commencement
of such tunnel, and to prohibit other parties, after the commencement
of the tunnel, from prospecting for and making locations of lodes on
REGULATIONS. 33
the line thereof and within said distance of three thousand feet,
unless such lodes appear upon the surface or were previously known
to exist. The term “face,” as used in said section, is construed and
held to mean the first working face formed in the tunnel, and to
signify the point at which the tunnel actually enters cover; it being
from this point that the three thousand feet are to be counted upon
which prospecting is prohibited as aforesaid.
17. To avail themselves of the benefits of this provision of law, the
\proprietors of a mining tunnel will be required, at the time they enter
cover as aforesaid, to give proper notice of their tunnel location by
erecting a substantial post, board, or monument at the face or point
of commencement thereof, upon which should be posted a good and
sufficient notice, giving the names of the parties or company claiming
the tunnel right; the actual or proposed course or direction of the
tunnel, the height and width thereof, and the course and distance
from such face or point of commencement to some permanent well-
known objects in the vicinity by which to fix and determine the locus
in manner heretofore set forth applicable to locations of veins or
lodes, and at the time of posting such notice they shall, in order that
miners or prospectors may be enabled to determine whether or not
they are within the lines of the tunnel, establish the boundary lines
thereof, by stakes or monuments placed along such lines at proper
intervals, to the terminus of the three thousand feet from the face or
point of commencement of the tunnel, and the lines so marked will
define and govern as to specific boundaries within which prospecting
for lodes not previously known to exist is prohibited while work on
the tunnel is being prosecuted with reasonable diligence.
18. A full and correct copy of such notice of location defining the
tunnel claim must be filed for record with the mining recorder of the
district, to which notice must be attached the sworn statement or
declaration of the owners, claimants, or projectors of such tunnel,
Setting forth the facts in the case; stating the amount expended by
themselves and their predecessors in interest in prosecuting work
thereon; the extent of the work performed, and that it is boma fide
their intention to prosecute work on the tunnel so located and de-
scribed with reasonable diligence for the development of a vein or
lode, or for the discovery of mines, or both, as the case may be. This
notice of location must be duly recorded, and, with the said sworn
statement attached, kept on the recorder's files for future reference.
PLACER CLAIMIS.
19. But one discovery of mineral is required to support a placer
location, whether it be of twenty acres by an individual, or of one
hundred and sixty acres or less by an association of persons.
20. The act of August 4, 1892, extends the mineral-land laws so as
to bring lands chiefly valuable for building stone within the provi-
sions of said law by authorizing a placer entry of such lands. Regis.
ters and receivers should make a reference to said act on the entry
papers in the case of all placer entries made for lands containing
stone chiefly valuable for building purposes. Lands reserved for the
benefit of public schools or donated to any State are not subject to
entry under said act.
34518–07—5
34 - REGULATIONS.
21. The act of February 11, 1897, provides for the location and
entry of public lands chiefly valuable |. petroleum or other mineral
oils, and entries of that nature made prior to the passage of Said act
are to be considered as though made thereunder.
22. By section 2330 authority is given for subdividing forty-acre
legal subdivisions into ten-acre tracts. These ten-acre tracts should
be considered and dealt with as legal subdivisions, and an applicant
having a placer claim which conforms to one or more of such ten-acre
tracts, contiguous in case of two or more tracts, may make entry
thereof, after the usual proceedings, without further survey or plat.
23. In subdividing forty-acre legal subdivisions, the ten-acre tracts
must be in Square form, with lines at right angles with the lines of the
public Surveys; and the notice given of the application must be spe-
cific and accurate in description.
24. A ten-acre subdivision may be described, for instance if situated
in the extreme northeast of the section, as the “NE. 4 of the NE. 4 of
the NE. # * of the Section, or, in like manner, by appropriate terms,
wherever situated; but, in addition to this description, the notice must
give all the other data required in a mineral application, by which
parties may be put on inquiry as to the land sought to be patented.
The proofs submitted with applications must show clearly the char-
acter and extent of the improvements upon the premises.
25. The proof of improvements must show their value to be not less
than five hundred dollars and that they were made by the applicant
for patent or his grantors. This proof should consist of the affidavit
of two or more disinterested witnesses. The annual expenditure to
the amount of $100, required by section 2324, Revised Statutes, must
be made upon placer claims as well as lode claims.
26. Applicants for patent to a placer claim, who are also in posses-
sion 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 a placer location 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 declara-
tion 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
affidavit of two or more witnesses.
27. By section 2330 it is declared that no location of a placer claim,
made after July 9, 1870, shall exceed one hundred and sixty acres for
any one person or association of persons, which location shall conform
to the United States Surveys.
28. Section 2331 provides that all placer-mining claims located
after May 10, 1872, shall conform as nearly as practicable with the
|United States system of public land surveys and the rectangular sub-
divisions of such surveys, and such locations shall not include more
than twenty acres for each individual claimant.
29. The foregoing provisions of law are construed to mean that
after the 9th day of July, 1870, no location of a placer claim can be
made to exceed one hundred and sixty acres, whatever may be the
REGULATIONS. - 35
number of locators associated together, or whatever the local regula-
tions of the district may allow; and that from and after May 10, 1872,
no location can exceed twenty acres for each individual participating
therein; that is, a location by two persons can not exceed forty acres,
and one by three persons can not exceed sixty acres.
30. The regulations hereinbefore given as to the manner of marking
locations on the ground, and placing the same on record, must be
observed in the case of placer locations So far as the same are applica-
ble, the law requiring, however, that all placer mining claims located
after May 10, 1872, shall conform as near as practicable with the
United States system of public land surveys and the rectangular
subdivisions of such surveys, whether the locations are upon surveyed
or unsurveyed lands.
REGULATIONS UNDER SALINE ACT.
31. Under the act approved January 31, 1901, extending the min-
ing laws to Saline lands, the provisions of the law relating to placer-
mining claims are extended to all States and Territories and the dis-
trict of Alaska, so as to permit the location and purchase thereunder
of all unoccupied public lands containing Salt springs, or deposits of
salt in any form, and chiefly valuable therefor, with the proviso,
“That the same person shall not locate or enter more than one claim
hereunder.” -
32. Rights obtained by location under the placer-mining laws are
assignable, and the assignee may make the entry in his own name; so,
under this act a person holding as assignee may make entry in his
own name: Provided, He has not held under this act, at any time,
either as locator or entryman, any other lands; his right is exhausted
by having held under this act any particular tract, either as locator
or entryman, either as an individual or as a member of an associa-
tion. It follows, therefore, that no application for patent or entry,
made under this act, shall embrace more than one single location.
33. In order that the conditions imposed by the proviso, as set
forth in the above paragraph, may duly appear, the notice of loca-
tion presented for record and the application for patent must each
contain a specific statement under oath by each person whose name
appears therein that he never has, either as an individual or as a
member of an association, located or entered any other lands under
the provisions of this act. Assignments made by persons who are
not severally qualified as herein stated will not be recognized.
PROCEDURE TO OBTAIN PATENT TO MINERAL LANDS.
LODE CLAIMS.
34. The claimant is required, in the first place, to have a correct
survey of his claim made under authority of the surveyor-general of
the State or Territory in which the claim lies, such survey to show
with accuracy the exterior surface boundaries of the claim, which
boundaries are required to be distinctly marked by monuments on
the ground. Four plats and one copy of the original field notes in
each case will be prepared by the Surveyor-general; one plat and the
Original field notes to be retained in the office of the surveyor-general;
36 REGULATIONS.
one copy of the plat to be given the claimant for posting upon the
claim; one plat and a copy of the field notes to be given the claimant
for filing with the proper register, to be finally transmitted by that
officer, with other papers in the case, to this office, and one plat to be
sent by the surveyor-general to the register of the proper land dis-
trict, to be retained on his files for future reference. As there is no
resident surveyor-general for the State of Arkansas, applications for
the survey of mineral claims in said State should be made to the Com-
missioner of this office, who, under the law, is ea officio the U. S.
surveyor-general.
35. The survey and plat of mineral claims required to be filed in the
proper land office with application for patent must be made subse-
quent to the recording of the location of the claim (if the laws of the
State or Territory or the regulations of the mining district require
the notice of location to be recorded), and when the original loca-
tion is made by survey of a United States mineral surveyor such
location survey can not be substituted for that required by the
statute, as above indicated.
36. The surveyors-general should designate all surveyed mineral
claims by a progressive series of numbers, beginning with survey No.
37, irrespective as to whether they are situated on surveyed or unsur-
veyed lands, the claim to be so designated at date of issuing the order
therefor, in addition to the local designation of the claim; it being
required in all cases that the plat and field notes of the survey of a
claim must, in addition to the reference to permanent objects in the
neighborhood, describe the locus of the claim with reference to the
lines of public surveys by a line connecting a corner of the claim with
the nearest public corner of the United States surveys, unless such
claim be on unsurveyed lands at a distance of more-than two miles
from such public corner, in which latter case it should be connected
with a United States mineral monument. Such connecting line must
not be more than two miles in length, and should be measured on the
ground direct between the points, or calculated from actually sur-
veyed traverse lines if the nature of the country should not permit
direct measurement. If a regularly established survey corner is
within two miles of a claim situated on unsurveyed lands, the connec-
tion should be made with such corner in preference to a connection
with a United States mineral monument. The connecting line or
traverse line must be surveyed by the mineral surveyor at the time of
his making the particular survey and be made a part hereof.
37. (a) Promptly upon the approval of a mineral survey the sur-
veyor-general will advise both this office and the appropriate local
land office, by letter (Form 4–286), of the date of approval, number of
the survey, name and area of the claim, name and survey number of
each approved mineral survey with which actually in conflict, name
and address of the applicant for Survey, and name of the mineral sur-
veyor who made the survey; and will also briefly describe therein the
locus of the claim, specifying each legal subdivision or portion thereof,
when upon Surveyed lands, covered in whole or in part by the survey;
but hereafter no segregation of any such claim upon the official town.
ship-survey records will be made until mineral entry has been made
and approved for patent, unless otherwise directed by this office.
(b) Upon application to make agricultural entry of the residue of
REGULATIONS. 37
any original lot or legal subdivision of forty acres, reduced by mining
claims for which patent applications have been filed and which
residue has been already relotted in accordance there with, the local
officers will accept and approve the application as usual, if found to
be regular. When such an application is filed for any such original
lot or subdivision, reduced in available area by duly asserted mining
claims but not yet relotted accordingly, the local officers will promptly
advise this office thereof; and will also report and identify any
pending application for mineral patent affecting such subdivision
which the agricultural applicant does not desire to contest. The
surveyor-general will thereupon be advised by this office of such min-
ing claims, or portions thereof, as are proper to be segregated, and
directed to at once prepare, upon the usual drawing-paper township
blank, diagram of amended township survey of such original lot or
legal forty-acre subdivision so made fractional by such mineral segre-
gation, designating the agricultural portion by appropriate lot num-
ber, beginning with No. 1 in each section and giving the area of each
lot, and will forthwith transmit one approved copy to the local land
office and one to this office. In the meantime the local officers will
accept the agricultural application (if no other objection appears),
Suspend it with reservation of all rights of the applicant if continu-
ously asserted by him, and upon receipt of amended township dia-
gram will approve the application (if then otherwise satisfactory) as
of the date of filing, corrected to describe the tract as designated in
the amended survey. .
(c) The register and receiver will allow no agricultural claim for
any portion of an original lot or legal forty-acre subdivision, where
the reduced area is made to appear by reason of approved surveys of
mining claims and for which applications for patent have not been
filed, until there is submitted by such agricultural applicant a satis-
factory showing that such surveyed claims are in fact mineral in
character; and applications to have lands asserted to be mineral, or
mining locations, segregated by survey, with the view to agricultural
appropriation of the remainder, will be made to the register and
receiver for submission to the Commissioner of the General Land
Office, for his consideration and direction, and must be supported by
the affidavit of the party in interest, duly corroborated by two or
more disinterested persons, or by such other or further evidence as
may be required in any case, that the lands sought to be segregated
as mineral are in fact mineral in character; otherwise, in the absence
of Satisfactory showing in any such case, such original lot or legal
subdivision will be subject to agricultural appropriation only. When
any such showing shall be found to be Satisfactory and the necessary
survey is had, amended township diagram will be required and made
as prescribed in the preceding section.
38. The following particulars should be observed in the survey of
every mining claim : &
(1) The exterior boundaries of the claim, the number of feet
claimed along the vein, and, as nearly as can be ascertained, the direc-
tion of the vein, and the number of feet claimed on the vein in each
direction from the point of discovery or other well-defined place on
the claim should be represented on the plat of Survey and in the field
notes.
38 REGULATIONS.
(2) The intersection of the lines of the survey with the lines of
conflicting prior Surveys should be noted in the field notes and repre-
Sented upon the plat.
(3) Conflicts with unsurveyed claims, where the applicant for sur-
vey does not claim the area in conflict, should be shown by actual
SUll"VeV.
(4) The total area of the claim embraced by the exterior bounda-
ries should be stated, and also the area in conflict with each intersect-
ing survey, substantially as follows:
A Cres.
Total area of claim-------------------------------------------------- 10. 50
Area in conflict with Survey No. 302----------------------------------- 1. 56
Area in conflict with Survey No. 948–––––––––––––.---------------------- .2. 33
Area in Conflict with Mountain Maid lode mining claim, unsurveyed______ 1. 48
It does not follow that because mining Surveys are required to exhibit
all conflicts with prior Surveys the areas 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.
39. The claimant is then required to post a copy of the plat of such
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 survey. Too
much care can not be exercised in the preparation of this notice, inas-
much as the data therein are to be repeated in the other notices
required by the statute, and upon the accuracy and completeness of
these notices will depend, in a great measure, the regularity and
validity of the proceedings for patent.
40. After posting the said plat and notice upon the premises, the
claimant will file with the proper register and receiver a copy of such
plat and the field notes of survey of the claim, accompanied by the affi-
davit 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; a copy of the notice So posted to be attached to and
form a part of said affidavit.
41. Accompanying the field notes so filed must be the sworn state-
ment of the claimant that he has the possessory right to the premises
therein described, in virtue of a compliance by himself (and by his
grantors, if he claims by purchase) with the mining rules, regula-
tions, and customs of the mining district, State, or Territory in which
the claim lies, and with the mining laws of Congress; such sworn
statement to narrate briefly, but as clearly as possible, the facts con-
stituting such compliance, the origin of his possession, and the basis
of his claim to a patent.
42. This sworn statement must be supported by a copy of the loca-
tion notice, certified by the officer in charge of the records where the
same is recorded, and where the applicant for patent claims the inter-
ests of others associated with him in making the location, or as a
purchaser, in addition to the copy of the location notice, must be fur-
nished a complete abstract of title as shown by the record in the office
where the transfers are by law required to be recorded, certified to by
the officer in charge of the record under his official Seal. The officer
REGULATIONS. 39
should also certify that no conveyances affecting the title to the claim
in question appear of record other than those set forth in the abstract,
which abstract shall be brought down to the date of the application
for patent. Where the applicant claims as Sole locator and does not
furnish an abstract of title, his affidavit should be furnished to the
effect that he has disposed of no interest in the land located.
43. In the event of the mining records in any case having been
destroyed by fire or otherwise lost, affidavit of the fact should be
made, and secondary evidence of possessory title will be received,
which may consist of the affidavit of the claimant, supported by those
of any other parties cognizant of the facts relative to his location,
occupancy, possession, improvements, &c.; and in Such case of lost
records, any deeds, certificates of location or purchase, or other evi-
dence which may be in the claimant's possession and tend to establish
his claim, should be filed.
44. Before receiving and filing an application for mineral patent
local officers will be particular to see that it includes no land which is
embraced in a prior or pending application for patent or entry, or
for any lands embraced in a railroad selection, or for which publica-
tion is pending or has been made by any other claimants, and if, in
their opinion, after investigation, it should appear that a mineral
application should not, for these or other reasons, be accepted and
filed, they should formally reject the same, giving the reasons there-
for, and allow the applicant thirty days for appeal to this office under
the Rules of Practice.
Local officers will give prompt and appropriate notice to the rail-
road grantee of the filing of every application for mineral patent
which embraces any portion of an odd-numbered section of surveyed
lands within the primary limits of a railroad land grant, and of
every such application embracing any portion of unsurveyed lands
within such limits (except as to any such application which embraces
a portion or portions of those ascertained or prospective odd-num-
bered sections only, within the limits of the grant in Montana and
Idaho to the Northern Pacific Railroad Company, which have been
classified as mineral under the act of February 26, 1895, without pro-
test by the company within the time limited by the statute or the
mineral classification whereof has been approved).
Should the railroad grantee file protest and apply for a hearing to
determine the character of the land involved in any such application
for mineral patent, proceedings thereunder will be had in the usual
II].8l.I.)]].62I’.
Any application for mineral patent, however, which embraces lands
previously listed or selected by a railroad company will be disposed of
as provided by the first Section of this paragraph, and the applicant
afforded opportunity to protest and apply for a hearing or to appeal.
Notice should be given to the duly authorized representative of the
railroad grantee, in accordance with rule 17 of Practice. When the
claims applied for are upon unsurveyed land, the burden of proving
that they are situate within prospective odd-numbered sections will
rest upon the railroad.
Evidence of Service of notice should be filed with the record in each
C2S62.
45. Upon the receipt of these papers, if no reason appears for
rejecting the application, the register will, at the expense of the
40 REGULATIONS.
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 sixty days in a
newspaper published nearest to the claim, and will post a copy of
such notice in his office for the same period. When the notice is pub-
lished in a weekly newspaper, nine consecutive insertions are neces-
sary; when in a daily newspaper, the notice must appear in each
issue for sixty-one consecutive issues. In both cases the first day of
issue must be excluded in estimating the period of sixty days.
46. The notices so published and posted 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 monu-
ment or a corner of the public Survey, and thence the boundaries of
the claim by courses and distances. &
47. The register shall publish the notice of application for patent
in a paper of established character and general circulation, to be by
him designated as being the newspaper published nearest the land.
48. The claimant at the time of filing the application for patent,
or at any time within the sixty days of publication, is required to file
with the register a certificate of the surveyor-general that not less
than five hundred dollars’ worth of labor has been expended or im-
provements made, by the applicant or his grantors, upon each loca-
tion embraced in the application, or if the application embraces
several contiguous locations held in common, that an amount equal
to five hundred dollars 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 incorporated in a
patent, serve to fully identify the premises, and that such reference is
made therein to natural objects or permanent monuments as will per-
petuate and fix the locus thereof: Provided, That as to all applica-
tions for patents made and passed to entry before July 1, 1898, or
which are by protests or adverse claims prevented from being passed
to entry before that time, where the application embraces several loca-
tions held in common, proof of an expenditure of five hundred dollars
upon the group will be sufficient, and an expenditure of that amount
need not be shown to have been made upon, or for the benefit of, each
location embraced in the application.
49. The Surveyor-general may derive, his information upon which
to base his certificate as to the value of labor expended or improve-
ments made from the mineral surveyor who makes the actual survey
and examination upon the premises, and such mineral surveyor
should specify with particularity and full detail the character and
extent of such improvements, but further or other evidence may be
required in any case.
50. It will be convenient to have this certificate indorsed by the
surveyor-general, both upon the plat and field notes of survey filed by
the claimant as aforesaid.
51. After the sixty days’ period of newspaper publication has ex-
pired, the claimant will furnish from the office of publication a sworn
statement that the notice was published for the statutory period, giv-
ing the first and last day of such publication, and his own affidavit
REGULATIONS. 41
showing that the plat and notice aforesaid remained conspicuously
posted upon the claim sought to be patented during said sixty days'
publication, giving the dates. .
52. Upon the filing of this affidavit the register 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 five dollars for each acre and five
dollars for each fractional part of an acre, except as otherwise pro-
vided by law, the receiver issuing the usual duplicate receipt therefor.
The claimant will also make a sworn statement of all charges and fees
paid by him for publication and Surveys, together with all fees and
money paid the register and receiver of the land office, after which
the complete record will be forwarded to the Commissioner of the
General Land Office and a patent issued thereon if found regular.
53. At any time prior to the issuance of patent protest may be filed
against the patenting of the claim as applied for, upon any ground
tending to show that the applicant has failed to comply with the law
in any matter essential to a valid entry under the patent proceedings.
Such protest can not, however, be made the means of preserving a
surface conflict lost by failure to adverse or lost by the judgment of
the court in an adverse suit. One holding a present joint interest in
a mineral location included in an application for patent who is ex-
cluded from the application, so that his interest would not be pro-
tected by the issue º patent thereon, may protest against the issuance
of a patent as applied for, setting forth in such protest the nature
and extent of his interest in such location, and such a protestant will
be deemed a party in interest entitled to appeal. This results from
the holding that a coowner excluded from an application for patent
does not have an “adverse ’’ claim within the meaning of sections
2325 and 2326 of the Revised Statutes. (See Turner v. Sawyer, 150
U. S., 578–586.)
54. Any party applying for patent as trustee must disclose fully
the nature of the trust and the name of the cestºù 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 trus-
tee, must be inserted in the final certificate of entry.
55. The annual expenditure of one hundred dollars in labor or im-
provements on a mining claim, required by Section 2324 of the
Revised Statutes, is solely a matter between rival or adverse claimants
to the same mineral land, and goes only to the right of possession,
the determination of which is committed exclusively to the courts.
56. The failure of an applicant for patent to a mining claim to
proscute 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 pro-
ceedings upon the application. te -
57. The proceedings necessary to the completion of an application
for patent to a mining claim, against which an adverse claim or pro-
test 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.
42 REGULATIONS.
PLACER CLAIMS.
58. 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 pat-
ents 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 can not be conformed
to legal Subdivisions, survey and plat shall be made as on unsurveyed
lands. .
59. The proceedings for obtaining patents for veins or lodes having
already been fully given, it will not be necessary to repeat them here,
it being thought that careful attention thereto by applicants and the
local officers will enable them to act understandingly in the matter,
and make such slight modifications in the notice, or otherwise, as may
be necessary in view of the different nature of the two classes of
claims; the price of placer claims being fixed, however, at two dollars
and fifty cents per acre or fractional part of an acre.
60. In placer applications for patent care must be exercised to
determine the proper classification of the lands claimed. To this
end the clearest evidence of which the case is capable should be
presented. * -
(1) 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 Section 2333, Revised
Statutes, 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.
(2) Mineral surveyors shall, at the expense of the parties, make
full examination of all placer claims surveyed by them and duly note
the facts as specified in the law, stating the quality and composition
of the soil, the kind and amount of timber and other vegetation, the
locus and size of streams, and such other matters as may appear upon
the surface of the claim. This examination should include the char-
acter and extent of all surface and underground workings, whether
placer or lode, for mining purposes.
(3) In addition to these data, which the law requires to be shown
in all cases, the mineral surveyor should report with reference to the
proximity of centers of trade or residence; also of well-known sys-
tems of lode deposit or of individual lodes. He should also report as
to the use or adaptability of the claim for placer mining; whether
water has been brought upon it in Sufficient quantity to mine the
same, or whether it can be procured for that purpose; and, finally,
what works or expenditures have been made by the claimant or his
grantors for the development of the claim, and their situation and
location with respect to the same as applied for.
(4) This examination should be reported by the mineral surveyor
under oath to the surveyor-general, and duly corroborated; and a
copy of the same should be furnished with the application for patent
REGULATIONS. 43
to the claim, constituting a part thereof, and included in the oath of
the applicant.
(5) Applications awaiting entry, whether published or not, must be
made to conform to these regulations, with respect to examination 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.
MILL SITES.
61. Land entered as a mill site must be shown to me nonmineral.
Mill sites are simply auxiliary to the working of mineral claims, and
as Section 2337, which provides for the patenting of mill sites, is
embraced in the chapter of the Revised Statutes relating to mineral
lands, they are therefore included in this circular.
62. To avail themselves of this provision of law parties holding
the possessory right to a vein or lode claim, and to a piece of nonmin-
eral land not contiguous thereto for mining or milling purposes, not
exceeding the quantity allowed for such purpose by section 2337, or
prior laws, under which the land was appropriated, the proprietors
of such vein or lode may file in the proper land office their application
for a patent, under oath, in manner already set forth herein, which
application, together with the plat and field notes, may include,
embrace, and describe, in addition to the vein or lode claim, such non-
contiguous mill site, 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 mill
site if good faith is manifest in its use or occupation in connection
with the lode and no adverse claim exists.
63. Where the original survey includes a lode claim and also a mill
site the lode claim should be described in the plat and field notes as
“Sur. No. 37, A,” and the mill site as “Sur. No. 37, B,” or whatever
may be its appropriate numerical designation; the course and distance
from a corner of the mill site to a corner of the lode claim to be inva-
riably 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 mill site as well as upon the vein or lode claim for the statutory
period of sixty days. In making the entry no separate receipt or
certificate need be issued for the mill site, but the whole area of both
lode and mill site will be embraced in one entry, the price being five
dollars for each acre and fractional part of an acre embraced by Such
lode and mill-site claim.
64. 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 herein 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 mill
site at said price per acre.
65. In every case there must be satisfactory proof that the land
claimed as a mill site is not mineral in character, which proof may,
where the matter is unquestioned, consist of the Sworn statement of
two or more persons capable, from acquaintance with the land, to
testify understandingly.
44 REGULATIONS.
&
CITIZENSEIIP.
66. 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 their charter or cer-
tificate of incorporation must be filed. In case of an association of
persons unincorporated, the affidavit 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 affidavit must be accompanied by a power
of attorney from the parties forming such association, authorizing
the person who makes the affidavit of citizenship to act for them in
the matter of their application for patent. •
67. In case of an individual or an association of individuals who
do not appear by their duly authorized agent, the affidavit of each
applicant, showing whether he is a native or naturalized citizen,
when and where born, and his residence, will be required.
68. In case an applicant has declared his intention to become a citi-
zen or has been naturalized, his affidavit 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.
69. The affidavit of the claimant as to his citizenship may be taken
before the register or receiver, or any other officer authorized to
administer oaths within the land districts; or, if the claimant is
residing beyond the limits of the district, the affidavit may be taken
before the clerk of any court of record or before any notary public
of any State or Territory.
70. If citizenship is established by the testimony of disinterested
persons, such testimony may be taken at any place before any person
authorized to administer oaths, and whose official character is duly
verified.
71. No entry will be allowed until the register has satisfied him-
self, 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 hiº 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.
72. The consecutive series of numbers of mineral entries must be
continued, whether the same are of lode or placer claims or mill sites.
73. In sending up the papers in a case the register must not omit
certifying to the fact that the notice was posted in his office for the
full period of sixty days, such certificate to state distinctly when such
posting was done and how long continued. The plat forwarded as
part of the proof should not be folded, but rolled, so as to prevent
creasing, and either transmitted in a separate package or so enclosed
with the other papers that it may pass through the mails without
creasing or mutilation. If forwarded separately, the letter trans-
mitting the papers should state the fact.
REGULATIONS. * 45
POSSESSORY RIGHT.
74. The provisions of section 2332, Revised Statutes, will 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 litiga-
tion has long been settled.
75. 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 or
Territory, together with his sworn statement giving a clear and suc-
cinct 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 min-
ing that has been done thereon; whether there has been any opposi-
tion 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.
76. 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 or Territory as aforesaid other than that which has been
finally decided in favor of the claimant.
77. The claimant should support his narrative of facts relative to
his possession, occupancy, and improvements by corroborative testi-
mony of any disinterested person or persons of credibility who may be
cognizant of the facts in the case and are capable of testifying under-
standingly in the premises.
ADVERSE CLAIMS.
78. An adverse claim must be filed with the register and receiver
of the land office where the application for patent is filed or with the
register and receiver of the district in which the land is situated at the
time of filing the adverse claim. It must be on the oath of the
adverse claimant, or it may be verified by the oath of any duly author-
ized agent or attorney in fact of the adverse claimant cognizant of the
facts stated.
79. Where an agent or attorney in fact verifies, the adverse claim,
he must distinctly Swear that he is such agent or attorney, and accom-
pany his affidavit by proof thereof.
80. The agent or attorney in fact must make the affidavit in verifi-
cation of the adverse claim within the land district where the claim is
situated.
46 REGULATIONS.
81. The adverse claim so filed must fully set forth the nature and
extent of the interference or conflict; whether the adverse party
claims as a purchaser for valuable consideration or as a locator. If
the former, a certified copy of the original location, the original con-
veyance, a duly certified copy thereof, or an abstract of title from the
office of the proper recorder should be furnished, or if the transaction
was a merely verbal one he will narrate the circumstances attending
the purchase, the date thereof, and the amount paid, which facts
should be supported by the affidavit of one or more witnesses, if any
were present at the time, and if he claims as a locator he must file a
duly certified copy of the location from the office of the proper
recorder.
82. In order that the “boundaries '' and “eatent ’’ of the claim may
be shown, it will be incumbent upon the adverse claimant to file a plat
showing his entire claim, its relative situation or position with the one
against which he claims, and the extent of the conflict: Provided,
however, That if the application for patent describes the claim by
legal Subdivisions, the adverse claimant, if also claiming by legal sub-
divisions, may describe his adverse claim in the same manner without
further survey or plat. If the claim is not described by legal subdi-
visions, it will generally be more satisfactory if the plat thereof is
made from an actual survey by a mineral surveyor, and its correctness
officially certified thereon by him.
83. Upon the foregoing being filed within the sixty days’ period of
publication, the register, or in his absence the receiver, will immedi-
ately give notice in writing to the parties that such adverse claim has
been filed, informing them that the party who filed the adverse claim
will be required within thirty days from the date of such filing to
commence proceedings in a court of competent jurisdiction to deter-
mine the question of right of possession, and to prosecute the same
with reasonable diligence to final judgment, and that, should such
adverse claimant fail to do so, his adverse claim will be considered
waived and the application for patent be allowed to proceed upon its
merits.
84. When an adverse claim is filed as aforesaid, the register or
receiver will indorse upon the same the precise date of filing, and pre-
serve a record of the date of notifications issued thereon; and there-
after all proceedings on the application for patent will be stayed, with
the exception of the completion of the publication and posting of
notices and plat and the filing of the necessary proof thereof, until
the controversy shall have been finally adjudicated in court or the
adverse claim waived or withdrawn.
85. Where an adverse claim has been filed and suit thereon com-
menced within the statutory period and final judgment rendered
determining the right of possession, it will not be sufficient to file
with the register a certificate of the clerk of the court setting forth
the facts as to such judgment, but the successful party must, before
he is allowed to make entry, file a certified copy of the judgment roll,
together with the other evidence required by section 2326, Revised
Statutes.
86. Where such suit has been dismissed, a certificate of the clerk of
the court to that effect or a certified copy of the order of dismissal
will be sufficient.
REGULATIONS. 47
87. After an adverse claim has been filed and suit commenced, a
relinquishment or other evidence of abandonment of the adverse claim
will not be accepted, but the case must be terminated and proof
thereof furnished as required by the last two paragraphs.
88. Where an adverse claim has been filed, but no suit commenced
against the applicant for patent within the statutory period, a certifi-
cate to that effect by the clerk of the State court having jurisdiction in
the case, and also by the clerk of the circuit court of the United States
for the district in which the claim is situated, will be required.
APPOINTMENT OF SURVIEYORS FOR SURVEY OF MINING CLAIMS-
CHARGES FOR SURVEYS AND PUBLICATIONS-FEES OF REGISTERS ANI)
RECEIVERS, ETC.
89. Section 2334 provides for the appointment of surveyors to sur-
vey mining claims, and authorizes the Commissioner of the General
Land Office to establish the rates to be charged for surveys and for
newspaper publications. Under this authority of law the following
rates have been established as the maximum charges for newspaper
publications in mining cases:
(1) Where a daily newspaper is designated the charge shall not
exceed seven dollars for each ten lines of space occupied, and where
a weekly newspaper is designated as the medium of publication five
dollars for the same space will be allowed. Such charge shall be
accepted as full payment for publication in each issue of the news-
paper for the entire period required by law.
It is expected that these notices shall not be so abbreviated as to
curtail the description essential to a perfect notice, and the said rates
established upon the understanding that they are to be in the usual
body type used for advertisements.
(2) For the publication of citations in contests or hearings involv-
ing the character of lands the charges shall not exceed eight dollars for
five publications in weekly newspapers or ten dollars for publications
in daily newspapers for thirty days.
90. The surveyors-general of the several districts will, in pursuance
of said law, appoint in each land district as many competent survey-
ors for the survey of mining claims as may seek such appointment, it
being distinctly understood that all expenses of these notices and
surveys are to be borne by the mining claimants and not by the United
States. The statute provides that the claimant shall also be at lib-
erty to employ any United States mineral surveyor to make the sur-
vey. Each surveyor appointed to survey mining claims before enter-
ing upon the duties of his office or appointment shall be required to
enter into a bond of not less than $1,000 for the faithful performance
of his duties. *
91. With regard to the platting of the claim and other office work
in the surveyor-general’s office, that officer will make an estimate of
the cost thereof, which amount the claimant will deposit with any
assistant United States treasurer or designated depository in favor
of the United States Treasurer, to be passed to the credit of the fund
created by “individual depositors for surveys of the public lands,”
and file with the Surveyor-general duplicaté certificates of such
deposit in the usual manner.
48 REGULATIONS.
92. The surveyors-general will endeavor to appoint surveyors to
survey mining claims so that one or more may be located in each
mining district for the greater convenience of miners.
93. The usual oaths will be required of these surveyors and their
assistants as to the correctness of each survey executed by them.
The duty of the surveyor ceases when he has executed the survey
and returned the field notes and preliminary plat thereof with his
report to the surveyor-general. He will not be allowed to prepare
for the mining claimant the papers in support of an application for
patent, or otherwise perform the duties of an attorney before the
land office in connection with a mining claim.
The surveyors-general and local land officers are expected to report
any infringement of this regulation to this office.
94. Should it appear that excessive or exorbitant charges have been
made by any Surveyor or any publisher, prompt action will be taken
with the view of correcting the abuse.
95. The fees payable to the register and receiver for filing and act-
ing upon applications for mineral-land patents are five dollars to each
officer, to be paid by the applicant for patent at the time of filing, and
the like sum of five dollars is payable to each officer by an j.
claimant at the time of filing his adverse claim. (Sec. 2238, R. S.,
ar. 9.)
p 96. At the time of payment of fee for mining application or adverse
claim the receiver will issue his receipt therefor in duplicate, one to be
given the applicant or adverse claimant, as the case may be, and one to
be forwarded to the Commissioner of the General Land Office on the
day of issue. The receipt for mining application should have attached
the certificate of the register that the lands included in the application
are subject to such appropriation, as far as shown by the records of
his office.
97. The register and receiver will, at the close of each month, for-
ward to this office an abstract of mining applicatións filed, an abstract
of adverse claims filed, an abstract of mineral lands sold, and a report
of receipts from such sales.
98. The fees and purchase money received by registers and receivers
must be placed to the credit of the United States in the receiver's
monthly and quarterly account, charging up in the disbursing account
the sums to which the register and receiver may be respectively
entitled as fees and commissions, with limitations in regard to the
legal maximum.
FIEARINGS TO DETERMINE CHARACTER OF LANDS.
99. The Rules of Practice in cases before the United States district
land offices, the General Land Office, and the Department of the
Interior will, so far as applicable, govern in all cases and proceedings
arising in contests and hearings to determine the character of lands.
100. Public land returned by the surveyor-general as mineral shall
be withheld from entry as agricultural land until the presumption
arising from such a return shall be overcome by testimony taken in
the manner hereinafter described.
REGULATIONS. 49
101. Hearings to determine the character of lands are practically of
two kinds, as follows:
(1) Lands returned as mineral by the surveyor-general.
When such lands are sought to be entered as agricultural under
laws which require the submission of final proof after due notice by
publication and posting, the filing of the proper nonmineral affidavit
in the absence of allegations that the land is mineral will be deemed
sufficient as a preliminary requirement. A satisfactory showing as to
character of land must be made when final proof is submitted.
In case of application to enter, locate, or select such lands as agri-
cultural, under laws in which the submission of final proof after due
publication and posting is not required, notice thereof must first be
given by publication for sixty days and posting in the local office dur-
ing the same period, and affirmative proof as to the character of the
land submitted. In the absence of allegations that the land is min-
eral, and upon compliance with this requirement, the entry, location,
or selection will be allowed, if otherwise regular.
(2) Lands returned as agricultural and alleged to be mineral in
character.
Where as against the claimed right to enter such lands as agricul-
tural it is alleged that the same are mineral, or are applied for as min-
eral lands, the proceedings in this class of cases will be in the nature
of a contest, and the practice will be governed by the rules in force in
contest cases.
[Paragraphs 102 to 104, inclusive, are omitted from this revision of
the regulations, as appropriate instructions relative to nonmineral
proofs in railroad, State, and forest lieu Selections are contained in
separate circulars.]
105. At hearings to determine the character of lands the claimants
and witnesses will be thoroughly examined with regard to the char-
acter of the land; whether the same has been thoroughly prospected;
whether or not there exists within the tract or tracts claimed any lode
or vein of quartz or other rock in place bearing gold, silver, cinna-
bar, lead, tin, or copper, or other valuable deposit which has ever been
claimed, located, recorded, or worked; whether such work is entirely
abandoned, or whether occasionally resumed; if such lode does exist,
by whom claimed, under what designation, and in which subdivision
of the land it lies; whether any placer mine or mines exist upon the
land; if so, what is the character thereof—Whether of the shallow-
surface description, or of the deep cement, blue lead, or gravel
deposits; to what extent mining is carried on when water can be
obtained, and what the facilities are for obtaining water for mining
purposes; upon what particular ten-acre subdivisions mining has been
done, and at what time the land was abandoned for mining purposes,
if abandoned at all.
106. The testimony should also show the agricultural capacities of
the land, what kind of crops are raised thereon, and the value thereof;
the number of acres actually cultivated for crops of cereals or vegeta-
bles, and within which particular ten-acre subdivision such crops are
raised; also which of these subdivisions embrace the improvements,
giving in detail the extent and value of the improvements, such as
house, barn, vineyard, orchard, fencing, etc., and mining improve-
ments.
50 REGULATIONS.
107. The testimony should be as full and complete as possible; and
in addition to the leading points indicated above, where an attempt is
made to prove the mineral character of lands which have been entered
under the agricultural laws, it should show at what date, if at all, val-
uable deposits of minerals were first known to exist on the lands.
108. When the case comes before this office, such decision will be
made as the law and the facts may justify. In cases where a survey
is necessary to set apart the mineral from the agricultural land, the
proper party, at his own ea pense, will be required to have the work
done by a reliable and competent surveyor to be designated by the
Surveyor-general. Application therefor must be made to the register
and receiver, accompanied by description of the land to be segregated
and the evidence of Service upon the opposite party of notice of his
intention to have such segregation made. The register and receiver
will forward the same to this office, when the necessary instructions
for the survey will be given. The survey in such case, where the
claims to be segregated are vein or lode claims, must be executed in
such manner as will conform to the requirements in section 2320,
United States Revised Statutes, as to length and width and parallel
end lines.
109. Such survey when executed must be properly sworn to by the
surveyor, either before a notary public, officer º a court of record, or
before the register or receiver, the deponent's character and credibility
to be properly certified to by the officer administering the oath.
110. Upon the filing of the plat and field notes of such survey with
the register and receiver, duly Sworn to as aforesaid, they will trans-
mit the same to the surveyor-general for his verification and ap-
proval, who, if he finds the work correctly performed, will furnish
authenticated copies of such plat and description both to the proper
local land office and to this office, made upon the usual drawing-paper
township blank.
The copy of plat furnished the local office and this office must be a
diagram verified by the Surveyor-general, showing the claim or claims
segregated, and designating the separate fractional agricultural tracts
in each 40-acre legal Subdivision by the proper lot number, beginning
with No. 1 in each section, and giving the area in each lot, the same
as provided in paragraph 37 in the survey of mining claims on sur-
veyed lands.
111. The fact that a certain tract of land is decided upon testimony
to be mineral in character is by no means equivalent to an award of
the land to a miner. In order to Secure a patent for such land, he
must proceed as in other cases, in accordance with the foregoing
regulations. -
Blank forms for proofs in mineral cases are not furnished by the
General Land Office.
DISTRICT OF ALASEA.
112. Section 13, act of May 14, 1898, according to native-born citi-
zens of Canada “the same mining rights and privileges’ in the dis-
trict of Alaska as are accorded to citizens of the United States in
British Columbia and the Northwest Territory by the laws of the
Dominion of Canada, is not now, and never has been operative, for
the reason that the only mining rights and privileges granted to any
REGULATIONS. - 51
person by the laws of the Dominion of Canada are those of leasing
mineral lands upon the payment of a stated royalty, and the mining
laws of the United States make no provision for such leases.
113. For the sections of the act of June 6, 1900, making further
provision for a civil government for Alaska, which provide for the
establishment of recording districts and the recording of mining loca-
tions; for the making of rules and regulations by the miners and for
the legalization of mining records; for the extension of the mining
laws to the district of Alaska, and for the exploration and mining of
tide lands and lands below low tide; and relating to the rights of
Indians and persons conducting Schools or missions, see page 21 of
this circular.
MINERAL LANDS WITI-IIIN FOREST RESERVES.
114. The act of June 4, 1897, provides that “any mineral lands in
any forest reservation which have been or which may be shown to be
such, and subject to entry under the existing mining laws of the
United States and the rules and regulations applying thereto, shall
continue to be subject to such location and entry,” notwithstanding
the reservation. This makes mineral lands in the forest reserves
subject to location and entry under the general mining laws in the
usual manner.
The act also provides that “The Secretary of the Interior may
permit, under regulations to be prescribed by him, the use of timber
and stone found upon such reservations, free of charge, by boma fide
settlers, miners, residents, and prospectors for minerals, for firewood,
fencing, buildings, mining, prospecting, and other domestic purposes,
as may be needed by such persons for such purposes; such timber
to be used within the State or Territory, respectively, where such
reservations may be located.”
For further instructions under this act see circular of April 4, 1900
(30 L. D., 23, 28–30).
SURVEY'S OF MINING CLAIMS.
GENERAL PROVISIONS.
115. Under section 2334, U. S. Rev. Stats., the U. S. surveyor-
general “may appoint in each land district containing mineral lands
as many competent surveyors as shall apply for appointment to
survey mining claims.”
116. Persons desiring such appointment should therefore file their
applications with the Surveyor-general for the district wherein
appointment is asked, who will furnish all information necessary.
117. All appointments of mineral Surveyors must be submitted to
the Commissioner of the General Land Office for approval.
118. The surveyors-general have authority to suspend or revoke
the commissions of mineral Surveyors for cause. Before final action,
however, the matter should be submitted to the Commissioner of the
General Land Office for approval.
119. Such surveyors will be allowed the right of appeal from the
action of the Surveyor-general in the usual manner. Such appeal
52 REGULATIONS.
should be filed with the surveyor-general, who will at once transmit
the same, with a full report, to the General Land Office.
120. Neither the surveyor-general nor the Commissioner of the
General Land Office has 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.
121. The surveyors-general should appoint as many competent
mineral surveyors as apply for appointment, in order that claimants
may have a choice of Surveyors, and be enabled to have their work
done on the most advantageous terms.
122. The schedule of charges for office work should be as low as is
possible. No additional charges should be made for orders for
amended surveys, unless the necessity therefor is clearly the fault of
the claimant, or considerable additional office work results therefrom.
123. In cases where the error in the original survey is due to the
carelessness or neglect of the Surveyor who made it, he should be
required to make the necessary corrections in the field at his own
expense, and the Surveyor-general should advise him that the penalty
for failure to comply with instructions within a specified time will be
the suspension or revocation of his appointment.
124. Mineral Surveyors will address all official communications to
the surveyor-general. They will, when a mining claim is the subject
of correspondence, give the name and Survey number. In replying
to letters they will give the subject-matter and date of the letter.
They will promptly notify the surveyor-general of any change in
post-office address.
125. Mineral Surveyors should keep a complete record of each sur-
vey made by them and the facts coming to their knowledge at the
time, as well as copies of all their field notes, reports, and official cor-
respondence, in order that such evidence may be readily produced
when called for at any future time. Field notes and other reports
must be written in a clear and legible hand or typewritten, in non-
copying ink, and upon the proper blanks furnished gratuitously by
the surveyor-general's office upon application therefor. No inter-
lineations or erasures will be allowed.
126. No return by a mineral Surveyor will be recognized as official
unless it is over his signature as a United States mineral surveyor,
and made in pursuance of a special order from the surveyor-general’s
office. After he has received an order for survey he is required to
make the survey and return correct field notes thereof to the surveyor-
eneral’s office without delay. - º
127. 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.
128. A mineral surveyor is precluded from acting, either directly
or indirectly, as attorney in mineral claims. His duty in any partić-
ular case ceases when he has executed the survey and returned the
field notes and preliminary plat, with his report, to the surveyor-
general. He will not be allowed to prepare for the mining claimant
REFULATIONS. 53
the papers in Support of his application for patent, or otherwise per-
form the duties of an attorney before the land office in connection
with a mining claim. He is not permitted to combine the duties of
Surveyor and notary public in the same case by administering oaths to
the parties in interest. 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 rule, 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 surveyor-
general 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 make no
survey of a mineral claim in which he holds an interest, nor will he
employ chainmen interested therein in any manner.
SURVEY-HOW MADE.
129. The survey made and returned must, in every case, be an
actual survey on the ground in full detail, made by the mineral Sur-
veyor in person after the receipt of the order, and without reference
to any knowledge he may have previously acquired by reason of
having made the location survey or otherwise, and must show the
actual facts existing at the time. This precludes him from calculat-
ing the connections to corners of the public Survey and location mon-
uments, or any other lines of his survey through prior surveys made
by others and substituting the same for connections or lines of the
survey returned by him. The term survey in this paragraph applies
not only to the usual field work, but also to the examinations required
for the preparation of affidavits of five hundred dollars expenditure,
descriptive reports on placer claims, and all other reports.
130. The survey of a mining claim may consist of several contigu-
ous locations, but such survey must, in conformity with statutory
requirements, distinguish the several locations, and exhibit the
boundaries of each. The survey will be given but one number.
131. The survey must be made in strict conformity with, or be
embraced within, the lines of the location upon which the order is
based. If the survey and location 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
survey to the corresponding corner of the location, and the location
corner must be fully described, so that it can be identified. The lines
of the location, as found upon the ground, must be laid down upon
the preliminary plat in such a manner as to contrast and show their
relation to the lines of Survey.
132. In view of the principle that courses and distances must give
way when in conflict with fixed objects and monuments, the surveyor
will not, under any circumstances, change the corners of the location
for the purpose of making them conform to the description in the
record. If the difference from the location be slight, it may be
explained in the field notes.
133. No mining claim located subsequent to May 10, 1872, should
exceed the statutory limit in width on each side of the center of vein
54 REGULATIONS.
or 1,500 feet in length, and all surveys must close within 50–100 feet
in 1,000 feet, and the error must not be such as to make the location
exceed the statutory limit, and in absence of other proof the discovery
point is held to be the center of the vein on the surface. The course
and length of the vein should be marked upon the plat.
134. All mineral surveys must be made with a transit, provided
with a solar attachment, by which the meridian can be determined
independently of the magnetic needle, and all courses must be re-
ferred to the true meridian. The variation should be noted at each
corner of the survey. The true course of at least one line of each
Survey must be ascertained by astronomical observations made at the
time of the survey; the data for determining the same and details
as to how these data were arrived at must be given. Or, in lieu of
the foregoing the survey must be connected with some line the true
course of which has been previously established beyond question, and
in a similar manner, and, when such lines exist, it is desirable in all
cases that they should be used as a proof of the accuracy of Subse-
quent work.
135. Corner No. 1 of each location embraced in a survey must be
connected by course and distance with nearest corner of the public
Survey or with a United States location monument, if the claim lies
within two miles of such corner or monument. If both are within
the required distance, the connection must be with the corner of the
public survey.
136. Surveys and connections of mineral claims may be made in
suspended townships in the same manner as though the claims were
upon unsurveyed land, except as hereinafter specified, by connecting
them with independent mineral monuments. At the same time, the
position of any public-land corner which may be found in the neigh-
borhood of the claim should be noted, so that, in case of the release
of the township from suspension, the position of the claim can be
shown on the plat.
137. A mineral survey must not be returned with its connection
made only with a corner of the public survey, where the survey of
the township within which it is situated is under suspension, nor
connected with a mineral monument alone, when situated within the
limits of a township the regularity and correctness of the survey of
which is unquestioned. -
138. In making an official survey, corner No. 1 of each location
must be established at the corner nearest the corner of the public
survey or location monument, unless good cause is shown for its being
placed otherwise. If connections are given to both a corner of the
public survey and location monument, corners Nos. 1 should be placed
at the corner nearest the corner of the public survey. When a
boundary line of a claim intersects a section line, courses and distances
from point of intersection to the Government corners at each end
of the half mile of section line so intersected must be given. -
139. In case a survey is situated in a district where there are no
corners of the public survey and no monuments within the prescribed
limits, a mineral monument must be established, in the location of
which the greatest care must be exercised to insure permanency as to
site and construction. r
140. The site, when practicable, should be some prominent point,
visible for a long distance from every direction, and should be so
REGULATIONS. 55
chosen that the permanency of the monument will not be endangered
by Snow, rock, or landslides, or other natural causes.
141. The monument should consist of a stone not less than 30 inches
long, 20 inches wide, and 6 inches thick, set halfway in the ground,
with a conical mound of stone 4 feet high and 6 feet base alongside.
The letters U. S. L. M., followed by the consecutive number of the
monument in the district, must be plainly chiseled upon the stone. If
impracticable to obtain a stone of required dimensions, then a post 8
feet long, 6 inches Square, set 3 feet in the ground, scribed as for a
stone monument, protected by a well-built conical mound of stone of
not less than 3 feet high and 6 feet base around it, may be used. The
exact point for connection must be indicated on the monument by an
X chiseled thereon; if a post is used, then a tack must be driven into
the post to indicate the point. -
142. From the monument, connections by course and distance must
be taken to two or three bearing trees or rocks, and to any well-known
and permanent objects in the vicinity, such as the confluence of
streams, prominent rocks, buildings, shafts, or mouths of adits.
Bearing trees must be properly scribed B. T. and bearing rocks
chiseled B. R., together with the number of the location monument;
the exact point on the tree or stone to which the connection is taken
should be indicated by a cross or other unmistakable mark. Bearings
should also be taken to prominent mountain peaks, and the approxi-
mate distance and direction ascertained from the nearest town or
mining camp. A detailed description of the locating monument,
with a topographical map of its location, should be furnished the
office of the surveyor-general by the surveyor.
143. Corners may consist of
First.—A stone at least 24 inches long set 12 inches in the ground,
with a conical mound of stone 14 feet high, 2 feet base, alongside.
Second.—A post at least 3 feet long by 4 inches square, set 18
inches in the ground and surrounded by a substantial mound of stone
or earth. .
Third.—A rock in place. agº
A stone should always be used for a corner when possible, and
when so used the kind should be stated.
144. All corners must be established in a permanent and workman-
like manner, and the corner and Survey number must be neatly
chiseled or scribed on the sides facing the claim. The ea'act corner
point must be permanently indicated on the corner. When a rock in
place is used, its dimensions above ground must be stated and a cross
chiseled at the exact corner point.
145. In case the point for the corner be inaccessible or unsuitable a
witness corner, which must be marked with the letters W. C. in addi-
tion to the corner and Survey number, should be established. The
witness corner should be located upon a line of the survey and as near
as possible to the true corner, with which it must be connected by
course and distance. The reason why it is impossible or impracti.
cable to establish the true corner must always be stated in the field
notes, and in running the next course it should be stated whether the
start is made from the true place for corner or from witness corner.
146. The identity of all corners should be perpetuated by taking
courses and distances to bearing trees, rocks, and other objects, as
prescribed in the establishment of location monuments, and when no
56 REGULATIONS.
bearings are given it should be stated that no bearings are available.
Permanent objects should be selected for bearings whenever possible.
147. If an official mineral survey has been made in the vicinity,
within a reasonable distance, a further connecting line should be run
to some corner thereof; and in like manner all conflicting Surveys and
locations should be so connected, and the corner with which connec-
tion is made in each case described. Such connections will be made
and conflicts shown according to the boundaries of the neighboring
or conflicting claims as each is marked, defined, and actually estab-
lished upon the ground. The mineral surveyor will fully and specif-
ically state in his return how and by what visible evidences he was
able to identify on the ground the several conflicting surveys and
those which appear according to their returned tie or boundary lines
to conflict, if they were so identified, and report errors or discrepan-
cies found by him in any such surveys. In the survey of contiguous
claims which constitute a consolidated group, where corners are com-
mon, bearings should be mentioned but once.
148. The mineral surveyor should note carefully all topographical
features of the claim, taking distances on his lines to intersections
with all streams, gulches, ditches, ravines, mountain ridges, roads,
trails, etc., with their widths, courses, and other data that may be
required to map them correctly. All municipal or private improve-
ments, such as blocks, streets, and buildings, should be located.
149. If, in running the exterior lines of a claim, the survey is found
to conflict with the survey of another claim, the distances to the points
of intersection, and the courses and distances along the line inter-
sected from an established corner of such conflicting claim to such
points of intersection, should be described in the field notes: Provided,
That where a corner of the conflicting Survey falls within the claim
being surveyed, such corner should be selected from which to give the
bearing, otherwise the corner nearest the intersection should be
taken. The same rule should govern in the survey of claims embrac-
ing two or more locations the lines of which intersect.
150. A lode and mill-site claim in one survey will be distinguished
by the letters A and B following the number of the survey. The cor-
ners of the mill site will be numbered independently of those of the
lode. Corner No. 1 of the mill site must be connected with a corner
of the lode claim as well as with a corner of the public survey or
United States location monument.
151. When a placer claim includes lodes, or when several contigu-
ous placer or lode locations are included as one claim in one survey,
there must be given to the corners of each location constituting the
same a separate consecutive numerical designation, beginning with
corner No. 1 in each case.
152. Throughout the description of the survey, after each reference
to the lines or corners of a location, the name thereof must be given,
and if unsurveyed, the fact stated. If reference is made to a location
included in a prior official Survey, the Survey number must be given,
followed by the name of the location. Corners should be described
once only. -
153. The total area of each location and also the area in conflict
with each intersecting Survey or claim should be stated; also the total
area claimed. But when locations embraced in one survey conflict
FEGULATIONS. 57
*C.
with each other such conflicts should only be stated in connection with
the location from which the conflicting area is excluded.
154. It should be stated particularly whether the claim is upon sur-
veyed or unsurveyed public lands, giving in the former case the quar-
ter section, township, and range in which it is located, and the section
lines should be indicated by full lines and the quarter-section lines by
dotted lines. -
155. The title-page of the field notes must contain the post-office
address of the claimant or his authorized agent.
156. In the mineral surveyor's report of the value of the improve-
ments 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.
157. The expenditures required may be made from the surface or in
running a tunnel, drifts, or crosscuts for the development of the claim.
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.
158. All mining and other improvements claimed will be located by
courses and distances from corners of the survey, or from points on
the center or side lines, specifying with particularity and detail the
dimensions and character of each, and the improvements upon each
location should be numbered consecutively, the point of discovery
being always No. 1. Improvements made by a former locator who
has abandoned his claim can not be included in the estimate, but
should be described and located in the notes and plat.
159. In case of a lode and mill-site claim in the same survey the
expenditure of five hundred dollars must be shown upon the lode
claim. .
160. If the value of the labor and improvements upon a mineral
claim is less than five hundred dollars at the time of survey, the min-
eral surveyor may file with the Surveyor-general supplemental proof
showing five hundred dollars expenditure made prior to the expira-
tion of the period of publication.
161. The mineral surveyor will return with his field notes a prelim-
inary plat on blank sent to him for that purpose, protracted on a scale
of two hundred feet to an inch, if practicable. In preparing plats the
top is north. Copy of the calculations of areas by double meridian
distances and of all triangulations or traverse lines must be furnished.
The lines of the claim Surveyed should be heavier than the lines of
conflicting claims.
162. Whenever a survey has been reported in error the surveyor
who made it will be required to promptly make a thorough examina-
tion upon the premises and report the result, under oath, to the sur-
veyor-general's office. In case he finds his survey in error he will
report in detail all discrepancies with the original survey and submit
any explanation he may have to offer as to the cause. If, on the con-
trary, he should report his survey, correct, a joint survey will be
ordered to settle the differences with the surveyor who reported the
error. A joint survey must be made within ten days after the date of
order unless satisfactory reasons are submitted, under oath, for a post-
58 * REGULATIONS.
ponement. The field work must in every sense of the term be a joint
and not a separate survey, and the observations and measurements
taken with the same instrument and chain, previously tested and
agreed upon. - * -
163. The mineral surveyor found in error, or, if both are in error,
the one who reported the same, will make out the field notes of the
joint Survey, which, after being duly signed and Sworn to by both
parties, must be transmitted to the surveyor-general’s office. .
164. Inasmuch as amended surveys are ordered only by special
instructions from the General Land Office, 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 appli-
cable to all cases can be laid down. -
165. 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.
166. The field notes of the amended survey must be prepared on the
same size and form of blanks as are the field notes of the original sur-
vey, and the word “amended " must be used before the word “sur-
vey ’’ wherever it occurs in the field notes.
167. Mineral Surveyors are required to make full examinations of
all placer claims at the time of Survey and file with the field notes a
descriptive report, in which will be described—
(a) The quality and composition of the Soil, and the kind and
amount of timber and other vegetation.
(b) The locus and size of streams, and such other matter as may
appear upon the surface of the claims.
(c) The character and extent of all surface and underground work-
ings, whether placer or lode, for mining purposes, locating and
describing them. - -
(d) The proximity of centers of trade or residence.
(e) The proximity of well-known systems of lode deposits or of
individual lodes.
(f) The use or adaptability of the claim for placer mining, and
whether water has been brought upon it in sufficient quantity to mine
the same, or whether it can be procured for that purpose.
(g) What works or expenditures have been made by the claimant
or his grantors for the development of the claim, and their situation
and location with respect to the same as applied for. -
(h) The true situation of all mines, Salt licks, salt springs, and mill
sites which come to the surveyor's knowledge, or a report by him that
none exist on the claim, as the facts may warrant.
(i) Said report must be made under oath and duly corroborated by
one or more disinterested persons.
REGULATIONS. 59
\ ſ
168. The employing of claimants, their attorneys, or parties in
interest, as assistants in making Surveys of mineral claims will not be
allowed.
169. The field work must be accurately and properly performed and
returns made in conformity with the foregoing instructions. Errors
in the survey must be corrected at the surveyor's own expense, and if
the time required in the examination of the returns is increased by
reason of neglect or carelessness, he will be required to make an addi-
tional deposit for office work. He will be held to a strict account-
ability for the faithful discharge of his duties, and will be required to
observe fully the requirements and regulations in force as to making
mineral surveys. If found incompetent as a Surveyor, careless in the
discharge of his duties, or guilty of a violation of Said regulations, his
appointment will be promptly revoked.
R. A. BALLINGER,
Commissioner.
Approved May 21, 1907. *
JAMES RUDOLPH GARFIELD,
Secretary.
T IN T) IE X .
[Full-face figures indicate on what pages copies of laws or parts of laws may be found.]
* Page
Abstract of title -------------------------------------------------------- 38, 44
Abstracts of mineral applications and adverse claims- - - - - - - - - - - - - - - - - - - - - - 48
Acts, supplemental to Revised Statutes:
June 6, 1874, expenditure------------------------------------------- 12
February 11, 1875, expenditure ---------------- - - - - - - - - - - - - - - - - - - - - - 12
May 5, 1876, Kansas and Missouri---- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 13
June 3, 1878, use of timber------------------------------------------ 13
January 22, 1880, application by agent; expenditure. - - - - - - - - - - - - - - - - - 14
March 3, 1881, judgment on adverse- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 14
April 26, 1882, verification of adverse by agent; proof of citizenship- - - - 14
March 3, 1883, Alabama -------------------------------------------- 15
May 17, 1884, Alaska ----------------------------------------------- 15
August 30, 1890, right of way for ditches and canals - - - - - - - - - - - - - - - - - - - 16
March 3, 1891, town sites on mineral lands; reservoirs. - - - - - - - - - - - - - - - 16
August 4, 1892, building stone--------------------------------------- 17
*...*.*}suspension of requirement of annual expenditure- - - 17,18
March 2, 1895, Wichita lands (Oklahoma) - - - - - - - - - - - - - - - - - - - - - - - - - - - 18
February 11, 1897, petroleum---------------------- - - - - - - - - - - - - ------ 19
March 3, 1891, forest reserves. -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 19
June 10, 1896, Fort Belknap Indian Reservation - - - - - - - - - - - - - - - - - - - - - - 20
June 10, 1896, Blackfoot Indian Reservation - - - - - - - - - - - - - - - - - - - - - - - - - - 20
June 10, 1896, San Carlos Indian Reservation - - - - - - - - - - - - - - - - - - - - - - - - - 21
May 14, 1898, Alaska, Canadians ------------------------------------ 21
June 6, 1900, Alaska------------------------------------------------ 21
June 6, 1900, Comanche, Kiowa, and Apache lands. - - - - - - - - - - - - - - - - -. 23
January 31, 1901, Saline lands - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 23
May 27, 1902, Uintah and White River Utes . . . . . . . . . . . . . . . . . . . . . . . -- 24
February 12, 1903, oil lands (assessment) . . . . . . . . . . - - - - - - - - - - - - - - - - - - - 24
March 3, 1903, Uncompahgre Indian Reservation - - - - - - - - - - - - - - - - - - - - - 25
April 23, 1904, Flathead Indian Reservation - - - - - - - - - - - - - - - - - - - - - - - - - - 26
April 27, 1904, Crow Indian Reservation - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 26
December 21, 1904, Yakima Indian Reservation - - - - - - - - - - - - - - - - - - - - - - 27
March 3, 1905, Shoshone Indian Reservation - - - - - - - - - - - - - - - - - - - - - - - - - 27
March 22, 1906, Colville Indian Reservation. - - - - - - • * * * * * * * * * * * * * * * * * * * * 28
June 21, 1906, Coeur d’Alene Indian Reservation - - - - - - - - - - - - - - - - - - -|-- 28
March 2, 1907, Alaska mining claims, labor on - - - - - - - - - - - - - - - - - - - - - - - - 28
Additional land districts------------------------------------------------ 11
Adjustment of mineral claims to public surveys. (See Public surveys.)
Adverse claims:
Proceedings on----------------------------------------------------- 6, 45
What must be shown----------------------------------------------- 46
Verification by agent ----------------------------------------------- 14, 45
Proof of disposition of ---------------------------------------------- 46, 47
Judgment against both parties - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 14
Entry on judgment—evidence required - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6, 46
Affidavits, verification of------------------------------------------------ 9, 14
Agent:
Application for patent by ------------------------------------------- 14
Citizenship, proof of, made by -------------------------------------- 4, 44
62 * INDEX.
Page.
Agreement of publisher------------------------------------------------- 39
Agricultural lands, Segregation of mineral from - - - - - - - - - - - - - - - - - - - - - - - - - - - 11
Alabama lands --------------------------------------------------------- 15
Alaska lands:
Mining laws extended to-------------------------------------------- 15
Mining rights extended to native-born Canadians under certain condi-
tions ----------------------- , sº º sº sº º sº º sº se º 'º sº s = º ºs º º ºs s = * * * * * * * * * * * * * * * * 21, 50
Divided into recording districts-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 21, 22, 51
Bering Sea, mining on shoal waters of: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 22
Miners' regulations in ---------------------------------------------- 23
Labor on claims in ------------------------------------------------- 28
Amended surveys. (See Surveys.)
Annual expenditure:
Generally-------------------------------------------- 5, 12, 14, 17, 18, 24, 32
For placers ------------------- , sº e = * * = * * * * * * * * * * = = * * * * = • * * * * * * * * = • * = * 34
When not required ------------------------------------------------- 32
Requirement for, Suspended, 1893, 1894- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 17, 18
Coowners, forfeiture by, for failure to contribute - - - - - - - - - - - - - - - - - - - - - - 5, 32
Question as to, one solely for courts. --------------------------------- 41
Oil lands--------------------------------------4-------------------- 24
Apachelands----------------------------------------------------------- 23
Apex------------------------------------------------------------------ 4, 30
Appeal from Surveyor-general ------------------------------------------- 51
Application for patent: -
Statute ------------------------------------------------------------ 5, 38
Pending under former laws. -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7
Must not include land embraced in existing application, selection, or
entry ------------------------------------------------------------ t 39
By agent----------------------------------------------------------- 14
For placer (known lode).------------------------------------------- 9, 34, 42
Appointment of mineral surveyors----------------------------------- 9, 47, 51, 52
Area:
Placer ------------------------------------------------------------- 8, 34
Mill site ---------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - wº 10
Arkansas, mineral surveys in -------------------------------------------- 36
Assignee. (See Saline lands.)
Blackfoot lands-------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -* - - 20
Blanks, not furnished.--------------------------------------------------- 50
Building stone:
Entered under placer laws ------------------------------------------ 17, 33
Use of, for domestic purposes. -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 51
Not excepted from grants to State and for Schools - - - - - - - - - - - - - - - - - - - - - 17, 33
Certificate of Surveyor-general as to improvements - - - - - - - - - - - - - - - - - - - - - - - 6, 40, 57
Character of land, hearings as to--------------------. ----- - E sº sº º sº sº º is º ºs 9, 48, 49, 50
Charges and fees:
Proof of.--------------------------------------------------------. tº 9, 41
Excessive---------------------------------------------------------- 48
Paid to register and receiver----------------------------------------- 48
Citizenship: -
Proof of.----------------------------------------------------------- 4, 44
Affidavit of, before whom made. -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 15, 44
Of trustee and cestui que trust- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 41
Claims located and patented prior to May 10, 1872- - - - - - - - - - - - - - - - - - - - - - - - 30
Coeur d’Alene lands---------------------------------------------------- 28
Colville lands ---------------------------------------------------------- 28
Comanche lands-------------------------------------------------------- 23
Conflicts-------------------------------------------------------------- 37, 39, 56
Connected diagram -----------------------------------------------, as a se - * is 36
Connection. (See Survey.) -
Contests and hearings -------------------------------------------------- 9, 41, 48
Continuous posting ----------------------------------------------------- 5, 40
Conveyance, after application ------------------------------------------- 44
Coowners-------------------------------------------------------------- 5, 32, 41
Corners. (See Survey.)
Corporations ----------------------------------------------------------- 4, 44
Cross veins. (See Veins.)
Crowlands------------------------------------------------------------ - 26
INDEX, - 63
Page.
Definitions:
Of vein or lode ----------------------------------------------------- 3, 4
Of placer----------------------------------------------------------- 8
Of mill site--------------------------------------------------------- 10
Description of lode claim:
By location notice ------------------------------------------ 3, 4, 5, 30, 31, 32
tº, By survey ------------------------------------------------ 5, 35, 36, 37, 51–59
Description of placers where taken by legal subdivisions - - - - - - - - - - - - 8, 33, 34, 35, 42
Descriptive reports on placers-------------------------------------------- 42, 58
Dip-------------------------------------------------------------------- 4, 30
Discovery-------------------------------------------------------------- 3, 31, 33
Ditches and canals----------------------------------------------------- 10, 11, 16
Drainage--------------------------------------------------------------- 10
Basements ------------------------------------------------------------- 10
End lines ------------------------------------------------ • - - - - - - - - - - - - - 3, 30
Entry:
Lode -------------------------------------------------------------- 5, 41
Placer ------------------------------------------------------------- 8, 42
Mill site ----------------------------------------------------------- 10, 43
Errors. (See Survey.)
Excessive charges ------------------------------------------------------ 9, 48
Expenditure ($500) (see Annual expenditure):
Certificate of surveyor-general- - - - - - - - - - ** = * * * * * * * * * * * * * * * * * * * * * * * * = * *s 6, 40
Report of mineral surveyor - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 57
Proof of, on placer by legal Subdivisions - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 34
On group of claims ------------------------------------------------- 40
In tunnel ---------------------------------------------------------- 12
Exploration and purchase of mineral lands- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3
Fees of register and receiver. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 48
Field notes. (See Survey.) .
Field work. (See Survey.) -
Flathead lands------------------------------- -------------------------- 26
Forest reserves--------------------------------------------------------- 19, 51
Forfeiture--------------------------------------------------- * * *º tº sº e º 'º me tº º ºr 5, 32
Fort Belknap lands----------------------------------------------------- 20
Grants, mineral lands excepted from - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ... s. sº * * 12
Hearings ----------------------------------------------------------- 9, 41, 48–50
Homesteads, segregating mining claims from - - - - - - - - - - ------------------- 8, 11
Improvements. (See Annual expenditure; Expenditure.) p
Instructions for surveys. (See Surveys.)
Joint survey. (See Survey.)
Judgment. (See Adverse claims.)
Kansas. (See Mineral lands.)
Kiowa lands-----------, ---------------------------------------------- 23
Rnown lodes. (See Placer.)
Laches in making entry------------------------------------------------- 41
Land districts, establishment of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 11
Legal subdivisions -------------------------------------------------- 8, 33, 34, 35
Length of lode claims--------------------------------------------------- 3, 30
Limitations. (See Statute of limitations.)
Location: - -
Made prior to May 10, 1872 - - - - - - - - - - - - - * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3, 30
Made under act May 10, 1872 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3, 4, 5, 30, 31, 32
Marking of--------------------------------------------------------- 31
Record of.--------------------------------------------------------- 31
Tunnel claim ------------------------------------------------------ 4, 32, 33
Rights Conferred by ------------------------------------------------ 4.
Locating monuments. (See Survey.)
Lodes:
Discovery---------------------------------------------------------- 3, 31
Length ------------------------------------------------------------ 3, 30, 31
Width ------------------------------------------------------------ 3, 30, 31
Location and record---------------------------------- - - - - - - - - - - - - 3, 4, 5, 32
Entry and patent -------------------------------------------------- 5, 35–41
Lost records------------------------------------------------------------ 39
Lotting. (See Segregation survey.)
Maintenance of possession----------------------------------------------- 4, 5, 32
64 INDEX.
Page
Michigan. (See Mineral lands.)
Mill sites:
Patents for--------------------------------------------------------- 10, 43
How surveyed ----------------------------------------------------- 43
Price per acre------------------------------------------------------ 43
Proof of nonmineral character -------------------------------------- 43
Minerals enumerated.--------------------------------------------------- 3
Mineral lands:
Reserved from sale under general laws - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3
Reservation not applicable to certain States - - - - - - - - - - - - - - - - - - - - - - - - 11, 13, 15
Excepted from grants - - - - - \ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12
Mineral surveyors--------------------------------------------------- 9, 47, 51, 52
Miner's regulations----------------------------------------------- ... sº * * * * 3, 4, 5
Mining records, proof of title when lost - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 39
Minnesota. (See Mineral lands.)
Missouri. (See Mineral lands.)
Newspaper charges----------------------------------------------------- 9, 47
Notices for publication and posting - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 39, 40
Number of plats-------------------------------------------------------- 35
Occupation and purchase --------------------, -------------------------- 3
Office Work ----------------------------------------------------------- 9, 47, 52
Oils (mineral), location and entry of. -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 19, 34
Papers, methods of transmittal ------------------------------------------ 44
Patent:
Procedure to obtain— -
Lode ----------------------------------------------------- 5, 6, 7, 35–41
Placer --------------------------------------------------------- 8, 9, 42
Mill sites ------------------------------------------------------ 10, 43
Under statute of limitations ----------------------------------------- 8, 45
Petroleum ------------------------------------------------------------- 19, 34
Placers:
Definition of ------------------------------------------------------- 8
Conformity and nonconformity to public survey - - - - - - - - - - - - - - - - - - - - - - 8, 34
limitation as to area ----------------------------------------------- 8, 34.
Location of ------------------------------- ------------------------- 8, 34
Subdivisions of 40-acre tracts. --------------------------------------- 8, 34
Procedure to make entry-------------------------------------------- 8, 42
Deputy's report on ------------------------------------------------- 42, 58
Survey, when necessary, of ----------------------------------------- 8, 42
Lode in, procedure ------------------------------------------------- 9, 34
Expenditure on ---------------------------------------------------- 34
Price -------------------------------------------------------- - - - - - - 42
Plats, preparation of---------------------------------------------------- 5, 35, 57
Possessory right (statute of lin)itations) ---------------------------------- 8, 45
Posting:
Contents of notice -------------------------------------------------- 38, 40
On land ----------------------------------------------------------- 5, 38, 40
Proof of.------------------------------------------------------- G, 40
In office ----------------------------------------------------------- 6, 39, 40
Proof of.-------------------------------------------------------
Continuous, proof of.----------------------------------------------- 40
Preemption and homestead.---------------------------------------------- 11
Price payable on entry: *
Lode claims.-------------------------------------------------------- 6, 41
Placer claims------------------------------------------------------- 9, 42
Mill-site claims----------------------------------------------------- 10, 43
Saline lands-------------------------------------------------------- 23, 35
Protest:
Alleging noncompliance with law ---------------------- -------------- 6, 41
Coowner----------------------------------------------------------- 41
As to character of land--------------------------------------------- 48, 49, 50
Public surveys, adjustment of mining claims with reference to- - - - - - - - - - - - - - 7
Publication:
Requirement of---------------------------------------------------- 5, 39, 40
Proof of.----------------------------------------------------------- 40
Cost of ------------------------------------------------------------ 9, 47, 48
INDEX, 65
Page.
Register's certificate of posting-...----------------------------------------- 44
Regulations of miners. (See Miner's regulations.)
Relocation ------------------------------------------------------------- 5, 32
Reservation:
Of mineral lands --------------------------------------------------- 3
In patents.--------------------------------------------------------- 10, 16
Forest ------------------------------------------------------------- 19, 51
Reservoirs ------------------------------------------------------------- 11, 17
Saline lands------------------------------------------------------------ 23, 35
San Carlos lands. ------------------------------------------------------- 21
Segregations:
Of mineral lands from agricultural. ...--------------------------------- 11
Right to enter remaining agricultural lands. -----. - - - - - - - - - - - - - - - - - - - 11
Survey, when required.---------------------------------------------- 50
Selections:
State and railroad -------------------------------------------------- 49
Forest reserve lieu-------------------------------------------------- 49
Series, consecutive, of entries-------------------------------------------- . 44
Shoshone lands---------------------------------------------- • s ºs º º gº sº tº º sº tº sº 27
State (or Territory) may provide rules for working mines - - - - - - - - - - - - - - - - - 10
States not subject to mining laws ---------------...--------------------- 11, 13, 15
Statute of limitations --------------------------------------------------- 8, 45
Subdivisions, legal, into 10-acre tracts------------------------------------ 8, 34
Survey:
Statutes------------------------------------------------------------ 5, 9
Number of copies of plats and field notes. - - - - - - - - - - - - - - - - - - - - - - - - - - - - 35
When to be made -------------------------------------------------- 36
Numbered progressively -------------------------------------------- 36
Segregation diagram ------------------------------------------------ 36
Expenses of.------------------------------------------------------ 9, 47, 52
Appointment of mineral Surveyors - - - - - - - - - - - - - - - - - - - - - - - - -----. 9, 47, 51, 52
Charges and deposits for office work - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9, 47, 52
Charges for amended surveys---------------------------------------- 52
Payment of mineral Surveyors--------------------------------------- 52
Surveyor to keep record of -----------------------------------------. 52
Returns by Surveyor---. -------------------------------------------- 52
Surveyor must not act as attorney - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 47, 52
Field Work------------------------------------------------------- 36, 53, 54
Connections --------------------------------------------------- 36, 54
Mineral monuments ------------------------------------------ 36, 54, 55
Corners-------------------------------------------------------- 55
Topographical features------------------------------------------ 56
Lode and mill site---------------------------------------------- 56
Lode in placer ---------------------------- --------------------- 56
Conflicts------------------------------------------------------ 36, 56
Areas---------------------------------------------------------- 36, 56
Report on expenditures----------------------------------------- 57
Preliminary plat ----------------------------------------------- 57
Erroneous surveys, joint-------------------------------------- * - 57, 58
Amended surveys ----------------------------------------------
Report on placers ---------------------------------------------- 58
Surveyor, mineral----------------------------------------------- 9, 47, 51, 52, 59
Sutro tunnel ----------------------------------------------------------- 11
Testimony, what should show------------------------------------------- 49
Timber, use of, for mining and domestic purposes- - - - - - - - - - - - - - - - - - - - - - - - - 13
Title (see Abstract of title):
Possessory --------------------------------------------------------- 8, 45
Transfers Subsequent to application. -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 44
Trustee, application by ------------------------------------------------- 41
Town sites on mineral lands--------------------------------------------- 16
Tunnel:
Expenditure in----------------------------------------------------- 12
Grant to A. Sutro -------------------------------------------------- 11
Run to discover mines---------------------------------------------- 4, 32
Uncompahgre Indian Reservation . . . . . . . . ------------------------------- 25
Uintah and White River Ute Indians.----------------...------------------ 24
66 INDEX.
Veins (see Lodes): Page.
Apex, dip---------------------------------------------------------- 4, 30
Intersection or union of--------------------------------------------- 10
Verification of affidavits ------------------------------------------------ 9, 14
Water rights----------------------------------------------------------- 10
White River Ute Indians - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 24
Wichita lands---------------------------------------------------------- 18
Width of lode claims------------------------------------------------- - - 3, 30, 31
Wisconsin. (See Mineral lands.) [º
Work, resumption of --------------------------------------------------- 32
Yakima lands------------------------------------------------ * e º tº dº ſº *s tº gº tº wº 27