Occasions have arisen where the group of claims lies in two states. Applications for survey should be made in each state for the claims or portions thereof which lie in that state. A survey number will be assigned in each state for the portion lying within each state, but the survey will be assigned for processing to the State where the majority of the claims lie. (See Surs. Nos. 10631 Montana, 3168 Idaho.)
4–5 Records Search: Prior to applying for the mineral survey, the claimant or his agent should make a search of the county records to determine if the claims are in conflict with other mining claim locations. If so, copies of the location certificates should be obtained for the mineral surveyor. If the claims are prior valid locations and the claimant wishes to exclude them from his patent application, the mineral surveyor will be required to show the conflict as it exists on the ground.
If it is not the desire to exclude such claims, no mention of them will be made in the field notes of the mineral survey, but the mineral surveyor will be aware of them when he goes on the ground.
The claimant should also make a search of the Bureau of Land Management records, particularly the Master Title Plats (M.T. Plats) to determine conflict with prior patents and withdrawals. Connecting sheets, if available, which show in outline all approved mineral surveys, should also be examined for conflicts with prior mineral surveys. The BLM record of unsurveyed locations should also be searched.
The claimant should make certain that his discovery point is on vacant public domain, which includes minerals reserved to the United States where the patent is for the surface only.
If two or more claims are involved, each must have its own discovery and both discoveries may not be in an area of conflict between two claims.
The length and width of each lode claim must be checked to make certain that statutory length of 1500 feet has not been exceeded and that the right angle distance of no more than 300 feet exists on each side of the presumed course of the vein (lode line).
The acreage of all claims and the length of placers must be checked for excess. If excesses appear to exist the mineral surveyor should be advised of them and directed to survey the claim within the boundaries given so as to eliminate such excess.
While metes and bounds descriptions of lode claims are not mandatory, the description must be such that the locus of the claim can be determined. While a tie to a section is preferable, a tie to another mineral survey, mineral location monument, or triangulation station of the National Geodetic Survey or U.S. Geological Survey is acceptable provided they can be identified with the public land survey. Ties to bench marks are not acceptable.
Irregular claims, such as placer claims or mill sites, must have a metes and bounds description closing within 0.50 feet in 1,000 feet. The acreage of lode claims cannot exceed 20.661 acres. Placers may not exceed 20 acres to each claimant, exclusive of conflict, and mill sites may not exceed 5 acres, exclusive of conflict.