Table Of Content

BLM LIBRARY 88051199 CLAIMS MIHIHQp SIS IIiEi (3<^s3&25>© BLM LIBRARY x5• 0-. ^ 02. Dr CENTER P D£ CO 7 ,, E U.S. Department of the Interior Bureau ofLand Management California State Office Sacramento, California 2000 Edition BLM/CA/PT-2000/001+3830 ^ # O\0fl^\ it- Ml -- • . :: Location and Patenting of Mining Claims and Mill Sites in California (2000 Edition) J. R. Evans SeniorTechnical Minerals Specialist U. S. Department of the Interior Bureau of Land Management California State Office Sacramento, California Al Wright Acting State Director BLM Staff Authors and Contributors: Stacy Beck, Sonya Cox, J. R. Evans, J. R. Hamilton, Larry Jepson, Brenda Kidder, Debra Lee Marsh, Donna Reynolds, Sonia Santillan, R. M. Waiwood, Larry Weitzel Cover Design: May Wakabayashi # Editing and Layout: Sonya Cox Processing: Viola Hunting, Christina M. Slowik &>> cP ^ 7 www.ca.blm.gov www.ca.blm.gov/caso/customerservices.html » Location and Patenting of Mining Claims and Mill Sites in California (2000 Edition) foreword This handbook is a must for miners who are considering locating and/or patenting mining claims and sites. Mining lawyers and mineral surveyors will also find this handbook useful. Several new sections have been added to this handbook from the 1996 edition, as well as updated copies of applicable Federal regulations. We recognize that few miners are familiar with using and interpreting the many Federal We regulatory requirements for locating claims or sites. have provided in this guide a sequential approach and specific guidance on doing so. It incorporates and reflects an easy-to-understand interpretation of laws and regulations gleaned over many years of processing mining documents by experienced BLM professionals. Richard Grabowski Deputy State Director Division of Energy & Minerals 1999 U. S. Department of the Interior -^ Bureau of Land Management U$£/nG. $0 ^nT^ California State Office ccq&R^ ^ Sacramento, California n£^ n. ' o* 00^7 LOCATION AND PATENTING OF MINING CLAIMS AND MILL SITES IN CALIFORNIA CONTENTS LOCATION AND PATENTING OF MINING CLAIMS AND MILL SITES IN CALIFORNIA (2000 Edition) CONTENTS THE CONCEPT OF DISCOVERY ON LODE AND PLACER MINING CLAIMS 1 Introduction 1 Definition of Lode and Placer Mining Claims 1 Locatable Minerals 1 Common and Uncommon Varieties of Minerals 2 Discovery 4 Prudent Person Test 5 Marketability Test 5 Timing Concepts for the Marketability Test 6 Discovery on Each Claim 10 Discovery on Large Disseminated Gold Deposits 10 Physical Exposure Requirement 11 Mineral in Character and the 10-Acre Rule for Placer Mining Claims 12 Geologic Inference 12 Style of 10-Acre Subdivision 13 Discovery Before Transfer of Ownership, Association Placer Mining Claims .... 13 Excess Reserves (Unmarketable Resources) 14 Specific Information Required for Showing Discovery 15 VALIDITY OF MILL SITES 17 Introduction 17 Some Proper and Improper Uses of Dependent Mill Sites 17 LOCATION OF MINING CLAIMS AND SITES 20 Introduction 20 Lands Open to Mineral Entry 21 Who May Locate Mining Claims and Sites 21 Requirements for Mining Claim and Site Locations 22 Preface 22 Marking Claim and Site Boundaries 22 Lode Mining Claims and Notices 24 Placer Mining Claims and Notices 26 Dummy Locators 26 Elongated and Gulch Placer Mining Claims 27 Placer Mining Claims in Powersite Withdrawals 28 Lode Mining Claims in Powersite Withdrawals 29 Mill Sites and Notices (California) 29 Placer Claims Over Tailings on a Mill Site 30 Tunnel Sites and Notices (California) 31 A Word of Caution 32 LOCATION OF MINING CLAIMS AND SITES (cont'd) Overfiling (Claim Jumping) 32 Proper Location by Lode or Placer Mining Claim 33 Location of Lode Over Placer Mining Claims and the Reverse 33 RECORDATION (FILING) OF MINING CLAIMS AND SITES 34 Introduction 34 Filing Periods for Mining Claim and Site Recordation 35 Location Notices and Filing Fees 35 BLM Processing of Location Notices 36 Amended Locations and Relocations 37 Transfer of Interest (Quitclaiming) 38 Abandonment or Relinquishment 38 Deceased Claimant 38 MAINTENANCE FEE PAYMENTS, WAIVERS, ASSESSMENT WORK AND APPROPRIATE AFFIDAVITS AND NOTICES 39 Introduction 39 Maintenance Fees 40 Waiver of the Maintenance Fee 40 Assessment Work Year and Filing Year 42 What Do Need to File in My First Year of Location? 42 I Assessment Work Affidavit (California) 44 Assessment Work 44 Type of Assessment Work That Will Qualify 44 Type of Assessment Work That Will Not Qualify 46 Intention to Hold a Mining Claim or a Mill or Tunnel Site 47 Changing Filing Status 48 Maintenance Fee Payment to Waiver 48 Waiver to Maintenance Fee 49 Failure to Perform Assessment Work and Maintenance Fee Filing Requirements 49 Failure of a Co-Claimant to Contribute to Assessment Work or Maintenance Fee 50 Affidavits of Assessment Work for Claims Under Patent Application 50 Deferment of Assessment Work 50 Claimants Filing Small Miner Waiver in Units of the National Park System 51 MINING AND RECLAMATION PLANS 54 Introduction 54 Preparation and Review of Plans of Operation 54 Bonding Policy 55 Operations With a Record of Compliance 55 Operations With a Record of Noncompliance 55 Operations Using Cyanide 55 Other Agencies 56 Mining Claims In BLM California Wilderness Areas 57 Mining Claim Occupancy 58 Manuals, Handbooks, Instruction Memoranda, Guidance 59 ii