2–3 Location: 43 C.F.R. 3841.4–1 states: “From and after May 10, 1872, any person ... may locate ... a mining claim 1,500 linear feet along the ... vein ...; or an association of persons ... may make joint location of such claim of 1,500 feet, but in no event can a location of a vein or lode made after May 10, 1872, exceed 1,500 feet along the course thereof....”
43 C.F.R. 3841.4–2 states: “No lode located after May 10, 1872 can exceed a parallelogram 1,500 feet in length by 600 feet in width, but whether surface ground of that width can be taken depends upon the local regulations or State or Territorial laws.... No such local regulations or State or Territorial laws shall limit a vein or lode claim to less than 1,500 feet ... nor can surface rights be limited to less than 50 feet in width....”
DISCOVERY CUT
Excavated by bulldozer, with discovery monument and location notice at the point of discovery.
DISCOVERY DRILL HOLE
Note the discovery monument in the hole and samples of cuttings taken at each 5 feet of depth.
43 C.F.R. 3841.4–3 further states: “With regard to the extent of surface ground ..., the Act of May 10, 1872, provides that the lateral extent of locations of veins or lodes ... shall in no case exceed 300 feet on each side of the middle of the vein at the surface, and that no such surface rights shall be limited by any mining regulations to less than 25 feet on each side of the middle of the vein at the surface ...; the end lines of such claims to be in all cases parallel to each other ...; and when the locator does not determine by exploration where the middle of the vein at the surface is, his discovery shaft must be assumed to mark such point.”
The only State known to limit the width of claims at present is North Dakota which only allows 150 feet on each side of the vein.
While Wyoming allows the full width, the side lines must be equidistant from the discovery, i.e., a claim may not have 300 feet on one side and 200 feet on the other. Since the federal law limits the size to 300 feet on each side of the vein, if 200 feet is taken on one side, 400 cannot be taken on the other.
The length each way from the point of discovery may be any amount as long as the total does not exceed 1,500 feet.