Finding a land to claim in AZ

[Magnix]

How do I go out and find a land I want to claim a either 40, 80, or more acres of land in AZ. Its kinda complicated with all the information Im trying to find on BLM Website (AZ). Can I just call somebody at BLM office and ask if there are any availability lands I can claim. The lame map program on BLM is not user-friendly interface and complicated. Any of you have experienced claiming a land originally?

I also noticed the people who claim lands sell them on ebay for profit. I dont want to do that, but to keep the land as long as possible.

Thanks!

 

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[Gramps43]

First you go the your County Court House to the County Clerks Office and ask for information on open and closed mineral claims in your county. Next you will sit down with a good topographic map of the county and plot out where all the claims are on the map.

Now with map and tools in hand, might also be good to have a GPS, and a vehicle capable of tackling rough roads you are ready to go to where the active (open) claims are not along stream beds, both dry and wet, dry washes and such and start prospecting. When and if you find some color don't jump up and run to claim the spot. Continue prospecting the area, up and down the stream bed to see if there is more color and in a big enough area to make it worth pop'n a cap on a brewski and laying claim to that pot of gold you have just found. Remember there is are costs when registering a claim and paper work showing what improvements and maintance you have done for each year you own that claim.

With all that said, go forth young man and find your fortune.

Gramps

 

[russau]

Gramps is right and it seems to me that claims may be a hedge against this anti-mining phase the wacoenviromentalists are pushing! my friend has a claim in Colorado on the Arkansa River. and its the only claim on the river that anyone can dredge on!if it werent for him haveing that claim,this summer would have been a bust!

 

[jog]

The paper work that needs to be filed and recorded each year with the county and BLM or Forest Service is very important. If not done correctly you won't own it very long. Once you loose a claim I believe you cannot reclaim it for at least a year, now that might be different from state to state. Do your research and make sure you understand the system before you claim something up, it may get a little expensive if you don't.
You can contact BLM and ask for a mining claim Packet, that will get you started.
Good luck...

 

[Klondikeike]

Hey Magnix...

There is s guy in AZ that is one of the best persons you will ever meet.. Search Arizona gold mines... You'll see his site.. He is a personal friend of mine... extremely knowledgeable.. very friendly and he also buys and sells claim.. he has commercial and recreations, very well priced and always good ground... and when you buy from him, it is properly staked.. filed and all fees are paid... The BLM often asked him questions about claims.. Plan of action and Notice of Intent.... he does them in his sleep..and they ALWAYS pass first time... Never gets a rejection...He got one Plan of Operation done and approved in 15 days...just last month.....There is a lot of How's on his site...

I think his web is www.arizonaminingclaims.com

His name is Jerry... Call him and talk with him... if you can't get a hold of him, send me a PM.. I have his private cell number... he may be out in the field...

Good luck to you..

Klondike...

 

[TerryC]

Help me out, Ike, but one last thing is required on the form. You must also attest that there is a recoverable amount of metal or mineral wealth on the claim.... right? I have never done the form. TTC

 

[homefires]

Obtaining a mining claim is the easy part.

Working it is another thing.

After you determine what lands are open to claim, Find a Payable Location, File the Required Documents, Determine what they will let you do to work it, Then! You get to work it.





Let the Mess Begin!


General Mining Act of 1872 : Still Looking for the Amended Version. This document seems to be put in the way side. Most of what you can find is the Tree People taking actions to Avert it.

Approved, May 9, 1872

CHAP. CL. II --- As Act to promote the Development of the mining Resources of the Untied States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United 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.2. That mining-claims upon veins or lodes of quarts or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits heretofore located, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their location. A mining-claim located after the passage of this act, whether located by one or more persons, may equal, but no 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 exceed 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 then twenty five feet on each side of the middle of the vein at the surface, except where adverse rights existing at the passage of this act shall render such limitation necessary. The end-lines of each claim shall be paralleled to each other.

Sec.3. That the locators of all mining locations heretofore made, or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists at the passage of this act, so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with said laws of the United States governing their possessory title, shall have the exchange 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 Five per cent interest to be paid on what sum and for what time.

Settler, transferring claims prior to, &cc., not precluded from entering upon another tract, if, &cc. Certain restrictions of the preemption laws not to apply.

May 10, 1872 See 1873, ch. 130. Post , p.445. Valuable mineral deposits in public lands and the lands to be open to citizens, &cc.

Length of mining-claims upon veins or lode width; end-lines

Locations of mining locations where there is no adverse claim, &cc., to have what exclusive rights of possession and enjoyment.

Certain exclusive rights to location of mining claims Limitations.

Owners of tunnels to have what rights of possession of certain veins or lodes.

What to be deemed as abontamend of right by owners of tunnels. Miners may make certain rules as to location, &cc., of mining-claim.

Requirements as to locations; records;

Amount of work necessary to hold possession. See 1873, ch. 214 Post, p. 483

Mine to be open to relocation, if &cc.

Rights of co-ownership

Interest of delinquents after notice, &cc., to belong to co-owners Patent for land claimed, &cc., for valuable deposits, how to be obtained.


92 FORTY-SECOND CONGRESS. Sess. II Ch. 152. 1872.

lies inside of such surface-lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend the vertical side-lines of said surface locations: Provided, That their right of possession to such outside parts of said veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as aforesaid the end-lines of their locations so continued in their own direction that such planes will intersect such parts of said veins or ledges: And provide further, That nothing in the section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter the surface of a claim owned or possessed by another.

Sec. 4. That where a tunnel is run for the development of a vein or lode, or for discovery of mines. the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such tunnel on the line thereof, not previously known to exists, discovered in such tunnel, to the same extent as if discovered from the surface; and locations on the line of each tunnel of veins or lodes not appearing on the surface, made by either parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid: but prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the lines of said tunnel.



Sec. 5. That the miners of each mining district may make rules and regulations not in conflict with the laws of the United States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining-claim, subject to the following requirements: The location must be distinctly marked on the ground so that the boundaries can be readily traced. All records of the mining-claim hereafter made shall contain the name of the locators, the date of the location, and such description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the passage of this act, and until a patent shall have been issued therefore, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year. On all claims located prior t the passage of this act, ten dollars worth of labor shall be performed or improvements made each year for each one hundred feet in length along the vein until a patent shall have been issued therefore: but where such claims are held in common such expenditure may be made upon any on claim; and upon a failure to comply with these conditions, the claim or mine upon which arch 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 representative, have resumed work upon the claim after such failure and before such location. Upon the failure of any one of several co-owners the contribute his proportion of the expenditures required by this act, 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 of publication in the news-paper published nearest the claim, for at least once a week for ninety days, and if the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion to comply with this act, his interest in the claim shall become the property of the co-owners who have made the required expenditures.

SEC. 6. That a patent for any land claimed and located for deposits may be obtained in the following manner: Any person, association or corporation authorized to locate a claim under this act, having claimed, and located a piece of land for such purpose, who has, or have,

FORTY-SECOND CONGRESS. Sess. II Ch. 149, 152. 1872. 93 complied with the terms of this act, 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-general, 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 conspicuous 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 as aforesaid, and shall file a copy of said notice in such land-office, and shall thereupon be entitled to a patent for said 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 news-paper to be by him designated as published nearest to said 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 permanent monuments as shall identify the claim, and furnish an accurate description, to be incorporated in the paten. 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 said 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 parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with this act.

Sec. 7. That where an adverse claim shall be filed during the period of publication, it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, 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 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, 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 requisite 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 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 thereupon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly posses. If it shall appear 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 proper fees, and file the certificate and description by the surveyor-general, whereupon the register shall certify the proceedings

Patent for land claimed, &cc., for valuable deposits, how to be obtained Proceedings if adverse claim is filed Judgment of court to be obtained. After judgment, patent to issue to party entitled to possession upon, &cc. Where there are several parties entitled to different portions of claim.

Proof of citizen- ship. 1866, ch. 262 Vol. xiv. p. 251 1870, ch. 235. Vol. xiv. p. 217

Alienation of title by patent

Description of vein claims on surveyed lands have to designate locations; on unsurveyed lands

Repeal of %% 1, 2, 3, 4 & 6, of act of 1866, ch. 262 Vol. xiv, pp. 251, 252. Existing rights not effected Pending appilica- tions and patents heretofore issued.

Proceedings to obtain patents under act of 1870, chap. 235, vol. xvi. p. 217, to be had according to this act.



Placer-claims upon surveyed lands pending proceedings.

Certain agricultural lands may be entered for homestead, &cc., purposes. Proceedings for patent for placer-claim which includes a vein or lode. FORTY-SECOND CONGRESS. Sess. II Ch. 152. 1872. 94 and judgment-roll t the commissioner of the general land office, as preceding case, and patents shall issue to the several parties according to their respective rights. Proof of citizenship under this act, or the acts of July twenty-sixth, eighteen hundred and sixty six, and July ninth , eighteen hundred and seventy, in the case of an individual, may consist of his own affidavit thereof, and in case of an association of persons unincorporated, of the affidavit of their authorized agent, made on his own knowledge or up information and belief, and in case of a corporation organized under the laws of the United States, or of any State or Territory of the Untied States, by the filing of a certified copy of their charter or certificate of incorporation; and nothing herein contained shall be construed to prevent the alienation of the title conveyed by a patent for a mining-claim to any person whatsoever.

Sec. 8. That the description of vein or lode claims, upon surveyed lands, shall designate the location of the claim with reference to the lines of the public surveys, but need not conform therewith; but where a patent shall be issued as aforesaid for claims upon unsurveyed lands, the surveyor- general, in extending the surveys, shall adjust the same to the boundaries of such patented claim, according to the plat or description thereof, but so as in no case to interfere with or change the location of any such patented claim.

Sec. 9. That sections one, two, three, four, and six of an act entitled "An act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July twenty-sixth, eighteen hundred and sixty-six, are hereby repealed, but such repeal shall not affect existing rights. Applications for patents for mining-claims now pending may be prosecuted to a final decision in the general land office; but in such cases where adverse rights are not affected thereby, patents may issue in pursuance of the provisions of this act; and all patents for mining-claims heretofore issued under the act of July twenty-sixth, eighteen hundred and sixty-six, shall convey all the rights and privileges conferred by this act where no adverse rights exist at the time of the passage of this act.

Sec. 10. That the act entitled "An act to amend an act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July ninth, eighteen hundred and seventy, shall be and remain in full force, except as to the proceedings to obtain a patient, which shall be similar to the proceedings prescribed by sections six and seven of this act for obtaining patents to vein or lode claims; but where said placer-claims shall be upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required, and all placer mining-claims hereafter located shall conform as near as practicable with the 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 such individual claimant, but where placer-claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands: Provided, That proceedings now pending may be prosecuted to their final determination under the existing laws; but the provisions of this act, when not in conflict with existing laws, shall apply to such cases. And provided also, That where by the segregation of mineral land in any legal subdivision a quantity of agricultural land less than forty acres remains, said fractional portion of agricultural land may be entered by any party qualified by law, for homestead or pre-emption purposes.

Sec. 11. That where the same person, association, or corporation is in possession of a placer-claim, and also a vein or lode included within the boundaries thereof, application shall be made for a patent for the placer-claim, with statement that it includes such vein or lode, and in such case (subject to the provisions of this act entitled "An act to amend an act granting the right of way to ditch and canal owners over the public lands, and for other purposes."

FORTY-SECOND CONGRESS. Sess. II Ch. 152. 1872. 95 approved July ninth, eighteen hundred and seventy) a patent shall issue for the placer-claim, including such vein or lode, upon the payment of five dollars per acre such vein or lode claim, and twenty-five feet of surface on each side thereof. The reminder 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 the second section of this act, is known to exist within the boundaries 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 conclusive 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. 12. That the surveyor-general of the United States may appoint in each land district containing mineral lands as many competent surveyors as shall for appointment to survey mining-claims. The expenses of the survey of vein or lode claims, and the survey and subdivision of placer-claims into quantities than one hundred and sixty acres, together with the cost of publication of notice, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States deputy survey 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 act; 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-notice in such district, and fix the rates to be charged by such paper; and, 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 said 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 general land office. The fees of the register and the receiver shall be five dollars each for filing and acting upon each application for patent or adverse claim filed, and they shall be allowed the amount fixed by law for reducing testimony to writing, when done in the land-office, such fees and allowances to be paid by the respective parties; and no other fees shall be charged by them in such cases. Nothing in this act shall be constructed to charge or affect the rights of either party in regard to any property in controversy at the time of the passage of this act, or of the act entitled "An act granting the right of way to ditch and canal owners over the public lands, and for other purpose," approved July twenty-sixth, eighteen hundred and sixty, nor shall this act affect any right acquired under said act; and nothing in this act shall be constructed to repeal, impair, or in any way affect the provisions of the act entitled "An act granting to A. Sutro the right of way, and other privileges to aid in the construction of a draining and exploring tunnel to the Comstock lode, in the State of Nevada," approved July twenty-fifth, eighteen hundred and sixty-six.

Sec. 13. That all affidavits required to be to be made under this act, or the act of which it is amendatory, may be verified before any officer authorized to administer oaths within the land-district where the claims may be situated, and all testimony and proofs may be taken any such officer, and, when duly certified by 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 agricultural character of land, the testimony and proofs may be taken as herein on personal Effect of patent for Placer- claim upon veins, &cc., within its boundaries. Surveyor-general may appoint in each district competent surveyors of mining- claims.

Expenses of survey, &cc., of claims, &cc., Commissioner of land office to establish maximum charges, &cc. Applicant to file sworn statement of fees and charges. Fees of register and receiver. Adverse rights not affected by this act .

Provisions of 1866, ch. 244, vol. xiv.p 242, not affected hereby. Affidavits under this act, &cc., may be verified and testimony &cc., taken, before whom. Testimony in contests as to character of land, how taken Where veins intersect, &cc., priority of title to govern. Proviso. Where veins unite, oldest location to take Patents for non- mineral lands, not contiguous to lode, but used by mining, &cc., purposes. Limit t amount of such land.

Repealing clause. Existing rights not affected.

FORTY-SECOND CONGRESS. Sess. II Ch. 152. 1872. 96 notice of at least ten days to the opposing party; or if said party cannot be found, then by publication of at least once a week for thirty days in a newspaper, to be designated by the register 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. Sec. 14. That where two or more veins intersect or cross each other, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersection : Provided, however, That the subsequent location shall have the right of way through said space of intersection for the purposes of the convenient working of the said mine : And provided also, That where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection.

Sec. 15. That where non-mineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such non-adjacent surface ground may be embraced and 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 under this act to veins or lodes : Provided, That no location hereafter made of such non-adjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this act for the superficies of the lode. The owner of a quartz-mill or reduction-works, not owning a mine in connection therewith, may also receive a patent for his mill-site, as provided in this section.

Sec. 16. That all acts and parts of acts inconsistent herewith are hereby repealed: Provided, That nothing contained in this act shall be construed to impair, in any way, rights or interests in mining property acquired under existing laws.

Approved, May 10, 1872



Several amendments to this law have been put into effect since it's passage, such as the Mineral Leasing Act of 1920, the Mineral Materials Act of 1947 and the Federal Land Policy and Management Act of 1976, among others. This law is posted here as a referrence however it is advised that one seek the services of a mining lawyer for accurate mining law advice.

Mineral Leasing Act of 1920: Not Much affecting Gold.

http://www.blm.gov/pgdata/etc/media...s.Par.6287.File.dat/MineralLeasingAct1920.pdf

Minerals Act of 1947: Again Not much affecting Gold but some good info if you want free Rock.

http://www.blm.gov/nv/st/en/fo/cars..._other_management/mineral_material_sales.html


This document is in the public domain.


BLM Laws and Regulations on Mining Claims.

http://edocket.access.gpo.gov/2003/pdf/03-26673.pdf

http://www.blm.gov/wo/st/en/info/regulations/mining_claims.html

It seems the BLM has started inacted a new Reg or started Inforcing a old Reg on Associated Claims.
See PDF attachment BLMBS below.

Mining Laws
--------------------------------------------------------------------------------

Mining Law Administration
This includes the General Mining Law of 1872, as amended; those portions of the Federal Land Policy and Management Act of 1976, as amended (FLPMA) that affect the General Mining Law; and the Surface Resources Act of 1955. See the brochure Mining Claims and Sites on Federal Lands.

1. Mining Claim Recordation and the Annual Maintenance Fee
This program area, established by section 314 of the FLPMA (43 USC 1744 and 43 CFR 3833) and amended by annual budget acts, concerns the location and recording of mining claims and sites, recording of title transfers to mining claims and sites, payment of annual fees and filings of annual assessment work documents, and deferments of assessment work. It also includes the adjudication of these required filings, fees, and transfers, and the issuance of decisions voiding out claims and sites that fail to comply with these requirements. The Bureau has on record (1998) approximately 290,000 mining claims Nationwide, including Alaska. The BLM's annual statistics for mining claims are published in the Public Land Statistics.

2. Mineral Patents
The General Mining Law of 1872, as amended (30 USC 29 and 43 CFR 3860, provides the successful mining claimant the right to patent (acquire absolute title to the land) mining claims or sites if they meet the statutory requirements. To meet this requirement, the successful claimant must:

For mining claims, demonstrate a physical exposure of a valuable (commercial) mineral deposit (the discovery) as defined by meeting the Department's Prudent Man Rule(1)and Marketability Test(2)
For mill sites, show proper use or occupancy for uses to support a mining operation and be located on non-mineral land.
Have clear title to the mining claim (lode or placer) or mill site.
Have assessment work and/or maintenance fees current and performed at least $500 worth of improvements (not labor) for each claim (not required for mill sites).
Meet the requirements of the Department's regulations for mineral patenting as shown in the Code of Federal Regulations at 43 CFR 3861, 3862, 3863, and 3864.
Pay the required processing fees and purchase price for the land applied for.
The BLM administers this program through its 12 State Offices and the Headquarters office. The program has two essential components, adjudication and mineral examination. A staff of land law examiners in each State Office adjudicates applications for completeness and compliance with the law and regulations. All aspects, except the mineral examination are handled here. Once the application has successfully passed through the adjudication process, the case is assigned to the BLM field office for a formal mineral examination to verify the discovery of a valuable (commercially viable) mineral deposit on the mining claims and proper use or occupancy for any mill sites.

Mineral examiners are BLM geologists and mining engineers who have been certified by the Director to perform mineral examinations and to compile the necessary mineral report demonstrating the applicant's compliance with this aspect of the General Mining Law. Applications not demonstrating a discovery or proper use or occupation are subject to a mineral contest proceeding and possible loss of the associated mining claims and sites. If the mineral report confirms the discovery of a valuable mineral deposit and/or proper use and occupancy for any associated mill sites, BLM will send the application to the Secretary of the Interior for final review and action. If the applicant is successful on all points, BLM issues a mineral patent for the land applied for. Note: Since October 1, 1994, Congress has imposed a budget moratorium on BLM acceptance of any new mineral patent applications. Until the moratorium is lifted, the BLM will not accept any new applications.
3. Surface Management Program
This program area concerns authorizing and permitting of mineral exploration, mining, and reclamation actions on the public lands administered by BLM. It is mandated by section 302(b) of FLPMA (43 USC 1732 and 603[c]; 43 CFR 3802 and 43 CFR 3809). All operations of any nature that disturb the surface of the mining claim or site require authorization. The necessary authorizations and permits are obtained through the proper BLM field office.

The BLM regulations establish three levels of authorization, (1) casual use, (2) notice level, and (3) plans of operations. Casual use involves minor activity with hand tools, no explosives, and no mechanized earth moving equipment. No permit is required. Notice level activities involve use of explosives and/or earth moving equipment. The total annual unreclaimed surface disturbance must not exceed 5 acres per calendar year. A plan of operations is required for all other surface disturbance activities. A full environmental assessment and reclamation bonding are required.

4. Surface Use and Occupancy
This program area concerns the proper occupation (residency or seasonal occupation of mining claims by mining claimants. It is administered pursuant to the Surface Resources Act of 1955 (30 USC 611-615; 43 CFR 3715). It provides that if you live on a mining claim or site, the occupation must be justified as reasonably incident to mining and exploration and that no other reasonable options for shelter are available while working the claims. The occupation must be authorized by the proper field office through a notice or plan of operations. There are severe penalties for unauthorized residences and occupancies (see the regulations at 43 CFR 3715).

5. Valid and Existing Rights Determinations
Holders of mining claims and sites located within lands later withdrawn from mineral entry must prove their right to continue to occupy and use the land for mining purposes. The owner must demonstrate they contain a discovery of a valuable mineral deposit and/or are used and occupied properly under the General Mining Law, as of the date of withdrawal and as of the date of the mineral examination. Mining claims or sites whose discovery or use or occupation cannot be demonstrated on the date of withdrawal or the date of mineral examination have no valid existing rights and will be contested by the Department.

1. The Prudent Man Rule was first defined in Castle v Womble, 19 LD 455 (1894), where the Secretary of the Interior held that: "Where minerals have been found and the evidence is of such a character that a person of ordinary prudence would be justified in the further expenditure of his labor and means, with a reasonable prospect of success, in developing a valuable mine, the requirements of the statute have been met."

2. The Marketability Test was first defined by the Secretary of the Interior in Solicitor's Opinion, 54 ID 294 (1933): "...a mineral locator or applicant, to justify his possession must show by reason of accessibility, bona fides in development, proximity to market, existence of present demand, and other factors, the deposit is of such value that it can be mined, removed, and disposed of at a profit."


US Forest Services

http://www.fs.fed.us/geology/For We...uery=metal+detecting&db=allsites&id=4d8a8ef00

Other Law Like EPA can be found here:

http://law.sc.edu/pathfinder/coastal_development/reference/federal_laws.shtml


Arizona


http://mines.az.gov/General/faq.html

http://www.admmr.state.az.us/Info/mineralrights.html

http://www.admmr.state.az.us/Publications/circ104minregchngs.html

http://www.blm.gov/az/st/en/prog/mining/requirements.html

http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=27





If you need any more help, Let me Know!

 

[TerryC]

Homefires... Nice, informative post but quite a mouthful. Gotta take some time to digest. Tnx. TTC

 

[Terry Soloman]

If you buy anything from Southwest Minerals, be prepared to pay 3-4 times the actual value of the claim. Anyone that lives or works near or in the goldfields of Central Arizona, knows Southwest Mineral, and knows to STAY AWAY! You have been Warned. Klondike, if Jerry is your "friend," at least he has one...

Hey Magnix...

There is s guy in AZ that is one of the best persons you will ever meet.. Search Arizona gold mines... You'll see his site.. He is a personal friend of mine... extremely knowledgeable.. very friendly and he also buys and sells claim.. he has commercial and recreations, very well priced and always good ground... and when you buy from him, it is properly staked.. filed and all fees are paid... The BLM often asked him questions about claims.. Plan of action and Notice of Intent.... he does them in his sleep..and they ALWAYS pass first time... Never gets a rejection...He got one Plan of Operation done and approved in 15 days...just last month.....There is a lot of How's on his site...

I think his web is www.arizonaminingclaims.com

His name is Jerry... Call him and talk with him... if you can't get a hold of him, send me a PM.. I have his private cell number... he may be out in the field...

Good luck to you..

Klondike...

 

[homefires]

Magnix, by your post it sounds like you just want to hold the land?

You know you can't just do what you want on that land?

You know you can not LIVE on the Lands?

You know BLM lands are Multi Purpose lands? People can still Hunt, Fish, Camp out on your Claim?

Did you know you can only stay camped out on Your Claim for 14 days at a time?

 

[Klondikeike]

Hey Terry Soloman,

Jerry Gordon is in no way associated with Southwest Minerals.... I'm not sure what you meant by your comment about Jerry Gordon of Arizona Mining Claims...and me being one friend...but if you meant that as a slam on him, I take great offense to it.....He has always ..and I mean ALWAYS worked with me with the utmost respect and professionalism....

Every claim I have EVER tested that he controls ALWAYS assays higher than what he said it would... He has ALWAYS bent over backwards to work out purchase agreements and still has really good claims for sale very, very, very reasonably priced... Example...my partner and I have just came to an agreement on 80 BLM acres, unpatented... for $25,000 ($3,120 per 10 acres) near very, very near the base of Rich Hill... with good values, lots of fine placer gold and some nuggets...and lots and lots of materials to work..my kids and their kids could work these claims all their lives and not run out of material...there is already a long successful history of commercial mining on adjoining claims along Weaver Creek...

Heck, with just 2 ounces recovered per 10 acre claim, the property is paid for...and if I can't do that as a 40 year experienced commercial miner... in one of AZ's premier mining districts...as close to Rich Hill as we are.... I might as well quit mining.......And Southwest Minerals would charge how much for these claims? Trust me...Jerry will not gouge or cheat you.. he is a stand up class act...

If somehow you have had problems with Jerry, I propose it wasn't because he tried to cheat you, but more likely you're not as knowledgeable about placer mining as you think you are....

I have spoken with Mike, (minerals officer) and others in the regional BLM office, and while they offer subtle warnings about some mine claim brokers, they speak of Jerry Gordon with very high regard...and work with him regularly on various projects as he also consults for mining companies and the BLM...and he knows the area very well...

I know what I am speaking of by having first hand experience and knowledge of working with Jerry.. nothing from a hearsay position..all of my experience with him is first hand...


Klondike...

 

[Klondikeike]

Hey homefires,

You can live on your claim as long as your living is COMPLETELY in conjunction with approved mining activities..under either a Notie of Intent or a Plan of Operation...

What you cannot do is live on the claim without a purposeful mining operation being conducted...

As a Notice of Intent, which the easiest and cheapest to do... is granted in 2 year blocks, and is renewable every 2 years...you simply apply for an Occupancy permit... by which you must comply with local laws and regulations concerning sewage and water...

If you apply for an Notice of Intent.. The BLM has only 15 days to NOT approve your application.. it is assumed, by law, it will be approved, if your paperwork is complete and all financial guarantees have been met... We'll start the day after we apply... because our application will be complete and accurate with financial guarantee attached....(don't take any short cuts here) and we'll never hear from the BLM..... The law says the N. O. I. is approved if the BLM does NOT reply within 15 days...They will ONLY reply if something is missing from your application...if you follow their guidelines, it will ALWAYS be approved...After the 15 days, we'll apply for the occupancy permit... with the government.. you start small, (an N. O. I.) and slowly add things to your working permit in writing, and soon, you'll have a full blown commercial operation working without the expense of a Plan of Operation....and it will be legal and fully approved ...all by the letter of the law...


Klondike...

 

[russau]

good info!!

 

[Klondikeike]

Klondike here again...

Concerning the Notice of Intent....

The mining laws says, "....you can have 5 acres or less of surface disturbance OR 1,000 tons....."

Placer is always referred to in ACRES... and lode mining is always referred to in TONS.... some miners read the above statement to mean you can only move 1,000 tons within a 5 acre disturbance... not true...by the explanation above...

The biggest difference between a Plan of Operation and a N. O. I. is the P. O. O. covers the entire claim and the Notice covers only 5 acres...

If you fill out the N.O. I. as if was a Plan Of Operation.... just as complete, but on a Notice form and reclamation bond computations... you'll have very little problems, just stay within the 5 acres...and do what your Notice says you'll do... and if you want to grow... do it in small steps and write in an amendment to the Notice...

Klondike...

 

[mrs.oroblanco]

Great post!!!

And, the 1872 mining law gives us access to public land - and, if you read it, says that states may not make laws that are against the 1872 mining law.


That's why the environmentals are trying to get rid of it.

Trouble is, we, the mining type people, are not organized enough, or rich enough, to take this to court - but, every single person who HAS taken it to court (against states and other goverment laws) has won - sometimes they win their claim back, sometimes they win a 5th amendment takings monetary award. The only folks who I have seen lose - and I follow this every single week - are folks who have "paper claimed", and really have no discovery.

So, you want to make sure you can "prove it up" if you have to.

Beth


PS - the Supreme Court decided a few years ago that the recreational activities of a mining club are NOT maintenence work done on a claim- just in case anyone wants to know.