4–1 Purpose: Except in special instances, such as lands selected by the Native Corporations under the Alaska Native Claims Settlement Act, a mining claim may be held indefinitely as a location by performing the annual assessment work and making the necessary affidavits and recordings. However, once a valuable mineral deposit has been proven to exist, it may be desirable to obtain absolute fee title (patent) to the claim which, except in special cases, includes not only the mineral estate, but the surface as well. Patent not only assures possession of the property, but will facilitate financing as well.
Unless the claim is described by legal subdivisions as in the case of placers and mill sites, an official survey by a United States Mineral Surveyor under the direction and with the approval of the Bureau of Land Management is the first step in obtaining a patent.
Almost universally, the location survey has not been made with sufficient accuracy or detail to provide the necessary description for patent. The patent survey will, in addition to permanently monumenting and witnessing the location on the ground, show all conflicts with prior mineral surveys, fee lands with mineral rights, and prior locations that the claimant wishes to exclude. It will also show all the workings on the claims, both by the claimant and by others, if any. The survey itself confers no rights; patent must follow.
4–2 Selecting a Mineral Surveyor: A list of approved and active mineral surveyors may be obtained from any State Office, or from the Director, Bureau of Land Management, at Washington, D.C. Mineral surveyors’ appointments cover all states where the mining laws are applicable.
Usually, it will be advantageous to select a mineral surveyor close to the project, or one who has worked in the area and has a knowledge of existing surveys. All mineral surveyors are not equally experienced. Their appointment means that they have met certain qualifications and have satisfactorily demonstrated a knowledge of mineral survey procedures.
More than one mineral surveyor should be consulted before making a selection. His proposed method of making the survey, his availability and time schedule, as well as fees should be discussed. Fees should be a secondary consideration and may be on a time and expense basis or a flat contract price. If a flat price is to be decided, the mineral surveyor will probably want to first make an examination of the property. In any event, the arrangement between the mineral surveyor and the claimant is a matter of private contract, and the Bureau of Land Management will not be responsible.
Even after a survey has been started, the claimant may discharge a mineral surveyor and select another, but such action will call for an amended order for survey.
4–3 Selecting an Attorney: An attorney-at-law to act as agent for the claimant in the patent proceedings is not necessary; the claimant can make the application for patent himself.
However, an attorney well-versed in mining law can be a big asset and arrangements should be made prior to the survey so that he will be available for consultation. The mineral surveyor will know of attorneys with whom he has previously worked and may be able to make recommendations. The attorney’s fee may be negotiated. If the claimant is a large corporation, it may have staff attorneys or landmen that can handle the patent application.
The mineral surveyor may not assist in the patent proceedings. His help may be required in determining the net area of the claim from the area statement in the mineral surveyor’s field notes. There is no objection to the mineral surveyor interpreting his notes, and assisting in this regard.