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.)
CHAPTER III
Mineral Surveyors
Appointments
3–1 43 C.F.R. 3861.5–1 states:
“Pursuant to section 2334 of the Revised Statutes (30 U.S.C. 39), the Director or his delegate will appoint only a sufficient number of surveyors for the survey of mining claims to meet the demand for that class of work. Each applicant shall qualify as prescribed by the Director or his delegate. Applications for appointment may be made at any office of the Bureau of Land Management listed in 3821.2–1 of these regulations. A roster of appointed mineral surveyors will be available at these offices. Each appointee may execute mineral surveys in any state where mineral surveys are authorized.”