Part 3832—Locat
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§ 3830.97 43 CFR Ch. II (10–1–20 Edition) § 3830.97 What if I pay only part of the 3832.34 How may I use my mill site? service charges for a notice of in- tent to locate mining claims on Subpart D—Tunnel Sites SRHA lands? 3832.40 Tunnel sites. For notices of intent to locate min- 3832.41 What is a tunnel site? ing claims (NOITL) under the 3832.42 How do I locate a tunnel site? Stockraising Homestead Act (see part 3832.43 How may I use a tunnel site? 3838 of this chapter for information re- 3832.44 What rights do I have to minerals garding the Stockraising Homestead within my tunnel site? Act and NOITLs), BLM will not accept 3832.45 How do I obtain any minerals that I a NOITL unless we receive your pay- discover within my tunnel site? ment of the required service charges. Subpart E—Defective Locations BLM will return the NOITL to you without taking any further action. See 3832.90 Defects in the location of mining § 3830.21 of this part for the amount of claims and sites. the service charge for a NOITL. 3832.91 How do I amend a mining claim or site location if it exceeds the size limita- tions? Subpart F—Appeals AUTHORITY: 30 U.S.C. 22 et seq.; 43 U.S.C. 2, § 3830.100 How do I appeal a final de- 1201, 1457, 1740, 1744. cision by BLM? SOURCE: 68 FR 61069, Oct. 24, 2003, unless If you are adversely affected by a otherwise noted. BLM decision under parts 3830–3839, you may appeal the decision in accord- Subpart A—Locating Mining ance with parts 4 and 1840 of this title. Claims or Sites PART 3831—MINERAL LANDS § 3832.1 What does it mean to locate AVAILABLE FOR LOCATING MIN- mining claims or sites? ING CLAIMS OR SITES [RE- (a) Locating a mining claim or site SERVED] means: (1) Establishing the exterior lines of a mining claim or site on lands open to PART 3832—LOCATING MINING mineral entry to identify the exact CLAIMS OR SITES land claimed; and (2) Recording a notice or certificate Subpart A—Locating Mining Claims or Sites of location as required by state and Sec. Federal law and by this part. 3832.1 What does it mean to locate mining (b) You will find— claims or sites? (1) Location requirements in this 3832.10 Procedures for locating mining part; claims or sites. (2) Recording requirements in part 3832.11 How do I locate mining claims or 3833 of this chapter; sites? 3832.12 When I record a mining claim or (3) Requirements for transferring an site, how do I describe the lands I have interest in a mining claim or site in claimed? § 3833.30 of this chapter; and (4) Annual fee requirements for min- Subpart B—Types of Mining Claims ing claims and sites in parts 3834, 3835, 3832.20 Lode and placer mining claims. and 3836 of this chapter. 3832.21 How do I locate a lode or placer min- ing claim? § 3832.10 Procedures for locating min- 3832.22 How much land may I include in my ing claims or sites. mining claim? § 3832.11 How do I locate mining Subpart C—Mill Sites claims or sites? (a) You must follow both state and 3832.30 Mill sites. 3832.31 What is a mill site? Federal law. 3832.32 How much land may I include in my (b) Your lode or placer claim is not mill site? valid until you make a discovery with- 3832.33 How do I locate a mill site? in the boundaries of the claim. 960 VerDate Sep<11>2014 13:59 May 14, 2021 Jkt 250198 PO 00000 Frm 00970 Fmt 8010 Sfmt 8010 Y:\SGML\250198.XXX 250198 Bureau of Land Management, Interior § 3832.12 (c) To locate a claim or site, you rectangular subdivisions as much as must— possible; and (1) Make certain that the land on (2)(i) You must file either— which you are locating the claim or (A) A topographical map published by site is Federal land that is open to the U.S. Geological Survey with a de- mineral entry piction of the claim or site; or (2) Stake and monument the corners (B) A narrative or sketch describing of a mining claim or site which meets the claim or site and tying the descrip- applicable state monumenting require- tion to a natural object, permanent ments and the size limitations de- monument or topographic, hydro- scribed in § 3832.22 for lode and placer graphic, or man-made feature. claims, § 3832.32 for mill sites, and (ii) You must show on a map or § 3832.42 for tunnel sites; sketch the boundaries and position of (3) Post the notice of location in a the individual claim or site by aliquot conspicuous place on the claim or site. part within the quarter section accu- The notice must include: rately enough for BLM to identify the (i) The name or names of the loca- mining claims or sites on the ground. tors; (iii) You may show more than one (ii) The date of the location; and claim or site on a single map or de- (iii) A description of the claim or scribe more than one claim or site in a site; single sketch— (iv) The name or number of the claim (A) If they are located in the same or site, or both, if the claim or site has general area; and both; (B) If the individual mining claims or (4) Record the notice or certificate of sites are clearly identified. location in the local recording office (iv) You are not required to employ a and the BLM State Office with jurisdic- professional surveyor or engineer to es- tion according to the procedures in tablish the location’s position on the part 3833; ground. (5) Follow all other relevant state (b) Lode claims. You must describe law requirements; and lode claims by metes and bounds begin- (6) Comply with the specific require- ning at the discovery point on the ments for lode claims, placer claims, claim and include a tie to natural ob- mill sites, or tunnel sites in this part. jects or permanent monuments includ- ing: § 3832.12 When I record a mining claim (1) Township and section survey or site, how do I describe the lands monuments; I have claimed? (2) Official U.S. mineral survey (a) General requirements. (1) All claims monuments; and sites. You must describe the land (3) Monuments of the National Geo- by state, meridian, township, range, detic Reference System; section and by aliquot part to the quar- (4) The confluence of streams or ter section. To obtain the land descrip- point of intersection of well-known tion, you must use an official survey gulches, ravines, or roads, prominent plat or other U.S. Government map buttes, and hills; or that is based on the surveyed or pro- (5) Adjoining claims or sites. tracted U.S. Public Land Survey Sys- (c) Placer claims. (1) You must de- tem. If you cannot describe the land by scribe placer claims by aliquot part aliquot part (e.g., the land is and complete lots using the U.S. Public unsurveyed), you must provide a metes Land Survey System and its rectan- and bounds description that fixes the gular subdivisions except when placer position of the claim corners with re- claims are— spect to a specified claim corner, dis- (i) On unsurveyed Federal lands; covery monument, or official survey (ii) Gulch or bench placer claims; or monument. In all cases, your descrip- (iii) Bounded by other mining claims tion of the land must be as compact or nonmineral lands. and regular in form as reasonably pos- (2) For placer mining claims that are sible and should conform to the U.S. on unsurveyed Federal lands or are Public Land Survey System and its gulch or bench placer claims: 961 VerDate Sep<11>2014 13:59 May 14, 2021 Jkt 250198 PO 00000 Frm 00971 Fmt 8010 Sfmt 8010 Y:\SGML\250198.XXX 250198 § 3832.20 43 CFR Ch. II (10–1–20 Edition) (i) You must describe the lands by vein, lode, or ledge and the vein, lode, protracted survey if the BLM has a or ledge extends through the endlines protracted survey of record; or of your lode claim, you have extra-lat- (ii) You may describe the lands by eral rights to pursue the down-dip ex- metes and bounds, if a protracted sur- tension of the vein, lode, or ledge to vey is not available or if the land is not the point where the vein, lode, or ledge amenable to protraction. intersects a vertical plain projected (3) If you are describing an associa- parallel to the end lines and outside tion placer claim by metes and bounds, the sideline boundaries of your lode you must meet the following require- claim if— ments, according to the number of per- (i) The top or apex of the vein, lode, sons in your association, as described or ledge lies on or under the surface in Snow Flake Fraction Placer, 37 Pub. within the interior boundaries of the Lands Dec. 250 (1908), in order to keep lode claim; and your claim in compact form and not (ii) The long axis, and therefore the split Federal lands into narrow, long or side lines, of the lode claim are sub- irregular shapes: stantially parallel to the course of the (i) A location by 1 or 2 persons must vein, lode, or ledge.