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PATENTED MINING CLAIM: A patented
mining claim is one for which the Federal Government has passed its title to the
claimant, making it private land. A person may mine and remove minerals from a
mining claim without a mineral patent. However, a mineral patent gives the owner
exclusive title to the locatable minerals. It also gives the owner title to the
surface and other resources.
This means: You own the Land as well as the
minerals.
UNPATENTED MINING CLAIM: An Unpatented mining claim is a particular
parcel of Federal Land, valuable for a specific mineral deposit or deposits. It
is a parcel for which an individual has asserted a right of possession. The
right is restricted to the extraction and development of a mineral deposit. The
rights granted by a mining claim are valid against a challenge by the United
States and other claimants only after the discovery of a valuable mineral
deposit.
This means: You are leasing, from the government, the right to extract
minerals. No land ownership is conveyed.
There are two types of mining claims, lode and
placer.
Lode
Claims: Deposits subject to lode claims include classic veins or lodes
having well-defined boundaries. They also include other rock in-place bearing
valuable minerals and may be broad zones of mineralized rock. Examples include
quartz or other veins bearing gold or other metallic minerals and large volume
but low-grade disseminated metallic deposits. Lode claims are usually described
as parallelograms with the longer side lines parallel to the vein or lode .
Descriptions are by metes and bounds surveys (giving length and direction of
each boundary line). Federal statute limits their size to a maximum of 1,500
feet in length along the vein or lodge. Their width is a maximum of 600 feet,
300 feet on either side of the centerline of the vein or lode. The end lines of
the lode claim must be parallel to qualify for underground extra lateral rights.
Extra lateral rights involve the rights to minerals that extend at depth beyond
the vertical boundaries of the claim.
Placer Claims: Mineral deposits subject
to placer claims include all those deposits not subject to lode claims.
Originally, these included only deposits of unconsolidated materials, such as
sand and gravel, containing free gold or other minerals. By Congressional acts
and judicial interpretations, many nonmetallic bedded or layered deposits, such
as gypsum and high calcium limestone, are also considered placer deposits.
Placer claims, where practicable, are located by legal subdivision of land (for
example: the E 1/2 NE 1/3 NE 1/4, Section 2, Township 10 South, Range 21 East,
Mount Diablo Meridian). The maximum size of a placer claim is 20 acres per
locator .
There are two types of mineral entries, mill sites
and tunnel sites.
Mill Sites:
A mill site must be located on nonmineral
land. Its purpose is to either (1) support a lode or placer mining claim
operation or (2) support itself independent of any particular claim. A mill site
must include the erection of a mill or reduction works and/or may include other
uses reasonably incident to the support of a mining operation. Descriptions of
mill sites are by metes and bounds surveys or legal subdivision. The maximum
size of a mill site is 5 acres.
Tunnel Sites:
A tunnel site is where a tunnel is run to develop a vein or lode. It may
also be used for the discovery of unknown veins or lodes. To stake a tunnel
site, two stakes are placed up to 3,000 feet apart on the line of the proposed
tunnel. Recordation is the same as a lode claim. Some States require additional
centerline stakes (for example, in Nevada centerline stakes must be placed at
300-foot intervals).
An individual may locate lode claims to cover any or all blind (not
known to exist) veins or lodes intersected by the tunnel. The maximum distance
these lode claims may exist is 1,500 feet on either side of the centerline of
the tunnel. This, in essence, gives the mining claimant the right to prospect an
area 3,000 feet wide and 3,000 feet long. Any mining claim located for a blind
lode discovered while driving a tunnel relates back in time to the date of the
location of the tunnel site.
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