CHAPTER 2 THE MINERAL SURVEY-THE SURVEYORS VIEWPOINT
| Jurisdiction | United States |
(Feb 1975)
THE MINERAL SURVEY—THE SURVEYORS VIEWPOINT
Mineral Surveyor
Rawlins, Wyoming
Objective — This paper defines the mineral survey and mineral surveyor, and recommends procedures to be followed prior to starting the mineral survey. A second paper covering the field work, field notes, and specific problems follows.
After the mining claim location has been made, the owner may maintain his possessory rights by one of the two following methods:
1. Completing $100 worth of mining work per claim per year and filing proof thereof in the public record.
2. Upon completion of $500 worth of mining work on a claim and development of a valuable and commercial ore body, the owner may apply to the federal government for a patent to the claim or claims involved.
The following discussion is based on the assumption that a valid patentable ore body on a lode claim has been developed. Placer claims conforming to the aliquot parts of a section do not normally require a patent survey.
To initiate the patent proceedings, the applicant or his attorney, contacts a mineral surveyor and makes the necessary arrangements to have the patent survey done. He then files an application with the state office of the Bureau of Land Management for a mineral survey naming the mineral surveyor he wishes to do the work and furnishing certified copies of the location certificates of the claims involved.
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The State office of the Bureau of Land Management then issues an "Order for Mineral Survey"2 to the designated mineral surveyor. The order is accompanied by certified copies of the location certificates and directs the mineral surveyor "to make the survey of said claim in strict conformity with existing laws, official regulations, and instructions there under, and make proper return of the survey to this office." Appendix — page 1
The mineral surveyor then proceeds with the mineral survey. He files his returns which consists of the field notes of the survey, an evaluation of the improvements and a preliminary map of the claim with the State Office of the Bureau of Land Management.
A detailed look at the mineral surveyor and the mineral survey itself is now in order.
The mineral surveyor occupies a rather unique position by virtue of the mining laws1 of the United States. He is a private individual, appointed by and working under the regulations of the federal government on one hand, while being chosen and paid by the applicant on the other.
Appointment as a mineral surveyor is obtained upon application to the Bureau of Land Management. Examination is made to determine the applicants experience and technical qualification (one day exam which includes determination of true bearing) and submission of a sample set of field notes. Upon receiving appointment as U. S. Mineral Surveyor, a bond in the sum of $5,000 must be posted and is reviewed every four years. Reappointments are made by giving the surveyor 60 days notice prior to the expiration of his bond and asking that he signify his intentions regarding its renewal.
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The mineral surveyor is not allowed to have any interests in mining claims and is prohibited from, directly or indirectly, purchasing any of the public lands. He is precluded from acting, either directly or indirectly, as attorney in mineral claims. His appointment is subject to revocation if found incompetent, careless, or willfully guilty of a violation of the regulations. He is to have nothing to do with a case except in his official capacity as a mineral surveyor. Claimants or other parties of interest are not to be employed as assistants in the mineral survey4 .
The mineral surveys are made to mark the legal boundaries of patentable mineral deposits or millsites on the public domain where the boundaries are determined by lines other than the normal subdivision of the public lands5 .
Millsites are non-mineral bearing, rectangular pieces of ground, not exceeding five acres in size, that may be used for mineral...
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