If a mineral surveyor has had considerable experience in an area, he may agree to a fixed price per claim, plus a fixed price per conflict and per mile of retracement of section lines with subdivision of sections as required. An alternative to this is a daily or hourly fee for each principal or party chief and assistants, plus expenses at cost, which assures the Bureau of Land Management and the claimant that quality will not be sacrificed because of cost. In the latter case, the mineral surveyor should provide the claimant with an estimate so that he will be prepared to meet his invoices. Either type of contract should provide for periodic payments, and the mineral surveyor is justified in requesting an advance deposit. In any event, payment for the mineral survey is a matter of private contract; the foregoing are merely suggestions.
3–17 Inasmuch as mineral surveyors may not hold an interest in the public domain (see Sec. 3–18 below), they are prohibited from accepting an interest in the claims as payment for his services.
Restrictions
3–18 The following is quoted from the current (1977) letter appointing mineral surveyors:
“As a special Government employee (see Waskey v. Hammer, 223 U.S. 85, 1911), you are subject to the pertinent conflict of interest statutes and standards of ethical conduct as set out in 18 U.S.C. 202 and E.O. 11222, Part III. You and your wife are prohibited from acquiring an interest in the public lands, either directly or indirectly, by provisions of 43 U.S.C. 11 and 43 C.F.R., Part 7. This prohibition extends to locating and holding in your names any mining claims, oil and gas leases, grazing licenses or permits, cadastral survey contracts, or making any other application or filing under the public land laws.” 43 C.F.R. 7.2 defines interest as follows:
“The term ‘interest’ means any direct or indirect ownership in whole or in part of the lands or resources in question, or any participation in the earnings therefrom, or the right to occupy or use the property or to take any benefits therefrom based on a lease or rental agreement, or upon any formal or informal contract with a person who has such an interest. It includes membership in a firm, or ownership of stock or other securities in a corporation which has such an interest: Provided, that stock or securities traded on the open market may be purchased by an employee if the acquisition thereof will not tend to interfere with the proper and impartial performance of the duties of the employee or bring discredit upon the Department.”
Employees stationed in Alaska are exempt from the above, except for a mineral lease or mining claim, and may acquire one tract of land, not exceeding five acres, for residence or recreation purposes. [43 C.F.R. 7.4 (a) (1) and (2).] Retention of an interest may be approved upon written request to the Secretary of the Interior, provided the interest was acquired prior to becoming an employee or the interest was acquired by gift, devise, bequest, or by operation of law.
3–19 The mineral surveyor may be required to file with the Bureau of Land Management a “Public Disclosure Statement of Known Financial Interests” under the Federal Land Policy and Management Act.
3–20 It should be clear why the foregoing restrictions are placed on mineral surveyors. They remove any possible conflict of interest and the claimant may deal freely with the mineral surveyor knowing that he cannot benefit from any information or knowledge gained during the course of the survey.