General
2–11 Recording of Claims: 43 C.F.R. 3841.4–6 states: “The location notice must be filed for record in all respects as required by State or Territorial laws, and local rules and regulations, if there be any.” Although the foregoing is contained in that section pertaining to lode claims, the same applies to placer claims, mill sites and tunnel sites. All the state laws make provision for the recording of location notices, with the County Clerk and Recorder or his equivalent (Register of Deeds in North and South Dakota, County Auditor in the State of Washington). Should the claim fall in two counties, it is proper to record the original certificate in the county (and state) where the discovery lies.
The Federal Land Policy and Management Act of 1976 made the recordation of mining claims with the Bureau of Land Management mandatory. Unlike state requirements, failure to file for record with the Bureau of Land Management within the designated time makes the claim abandoned and void. The objective is stated in 43 C.F.R. 3833.0–2:
“An objective of these regulations is to determine the number and location of unpatented mining claims, mill sites or tunnel sites located on Federal lands to assist in the management of those lands and the mineral resources therein. Other objectives are to remove the cloud on the title to these lands because they are subject to mining claims that may have been abandoned and to keep the BLM abreast of transfers of interest in unpatented mining claims, mill site and tunnel sites ....”
An abstract of the law is given in Chapter I. The proper State office of the Bureau of Land Management should be contacted to determine their requirements.
2–12 Assessment Work (Annual Labor): 43 C.F.R. 3851.1 states:
“In order to hold the possessory right to a lode or placer location made after May 10, 1872, not less than $100 worth of labor must be performed or improvements made thereon annually. The period within which the work required to be done shall commence at 12 o’clock meridian on the first day of September succeeding the date of location of each claim. Where a number of contiguous claims are held in common, the aggregate expenditure that would be necessary to hold all the claims may be made on any one claim. Cornering locations are held not to be contiguous.”
Almost any type of improvement will count as assessment work. Development work in the form of shafts, cuts and tunnels definitely will count as well as drill holes. Roads, bridges, ore bins, etc., will also count. Recently, geological, geochemical and geophysical surveys have been included as qualifying for assessment work, although not for patent expenditure.
Reports by qualified experts conducting such surveys must be filed with the county recorder. Such work cannot apply to more than two consecutive years and no more than a total of five years. Work may be done in a common improvement, but such work must be of benefit to all claims of the common group. It may be outside the claims, such as a tunnel driven toward the group for the development of the claims at depth. Not all work qualifying for annual labor will qualify as patent expenditure.
Provision is made in state laws for the filing of an affidavit of assessment work and form of content is provided. A copy of said affidavit or other proof must also be filed with the Bureau of Land Management. In the past, the filing for record of the affidavit shifted the burden of proof from the claimant to third parties and failure to file such an affidavit, or failure to do the work, did not invalidate the claim. Now, failure to do the work and file the necessary proof with the Bureau of Land Management will render the claim abandoned and void.
Notice of intent to hold must be filed with the Bureau of Land Management in the case of mill sites and tunnel sites and in the case of lodes or placers should the annual assessment work be suspended as it has in the past during time of war or economic stress.
2–13 Relocation, Amended Location, Additional Location Certificate: The terms “relocation” and “amended location” when made by the owner are synonymous. Generally, there is no relocation or amended location by the owner unless there is a change on the ground, such as a change in the boundaries or a change in the discovery. Such relocations or amended locations relate back to the original location and no existing rights are surrendered by such an amendment. If there is no change on the ground, and the change is only in the description, then an additional location certificate will suffice.
Amendments (or relocations) by the owner are made for the purpose of correcting any errors in the original location, description or record, changing the boundaries, or for the purpose of acquiring that part of any overlapping claim that has been abandoned. A relocation by the owner will not cure the lack of discovery or failure to do assessment work.
In the case of relocation of an abandoned claim by a third party, the discovery work should be extended or a new discovery made and the monuments should be checked to see that all are in place and in good condition. Such a relocation does not relate back to the original location.
State laws cover amendments and relocations and they should be checked for the requirements. (See appendix for sample Additional and Amended Location Certificate.)