Conflicts with unsurveyed locations are not to be shown unless it is the wish of the claimant to exclude them from his patent. If they are prior locations, it may be well to do this in order to avoid an adverse suit. Conflicts with unsurveyed locations owned by the claimant and not a part of the survey need not be shown and excluded unless the area of conflict contains the discovery of the unsurveyed location. In cases where two claims of the survey are in conflict, the discovery of each claim may not be within the area of conflict. If so, an amended location is necessary to show a new discovery for one of the claims, outside the area of conflict.
If fee lands with mineral rights are in conflict, a subdivision of the section(s) may be necessary. This will depend on the wishes of the claimant and the Bureau of Land Management. An extensive resurvey that would place a hardship on the claimant should not be required. If a subdivision can readily be accomplished, it should be done.
It is not necessary to fix the boundaries of stock-raising homesteads since the minerals are reserved to the United States and belong to the mining claim in areas of conflict.
Special surveys such as townsites, Homestead Entry Surveys, U.S. Surveys and Coal Surveys in Alaska are treated as are prior mineral surveys. Rights-of-way should not be shown as the minerals are reserved, and when the right-of-way is abandoned, the surface reverts to the mining claim. In Alaska, native graves must be tied-in. Cemeteries should be shown.
Figure 5 shows Sur. Nos. 1234 A lode and 1235 B lode in conflict with the XYZ lode that is being surveyed for patent. Cors. Nos. 1 and 4 of Sur. No. 1234 A lode control the line of conflict with that claim. If they can be found, no further search is necessary; if they cannot, the search must be continued for Cors. Nos. 2 and 3. In the case of Sur. No. 1235, all four corners are required to be found in order to properly show the conflict.
Figure 6 shows the ABC and XYZ lodes, both of which are being surveyed for patent under the same survey order. The discovery shafts of both claims are in the area of conflict. In order to validate the claims, a new discovery must be shown for one of them, outside the conflict. It need not be the later claim as the owner has the right to decide which claim shall exclude the conflict.
If amended location certificates are filed for record, it will be necessary to make an amended application for survey to the Bureau of Land Management based on the amended certificates, and receive an amended order for survey. It will not be necessary to suspend field work pending such amendment, but it is advisable to refrain from marking the corners and accessories with the survey number until the amended order is received.
MINERAL PATENT SURVEY CORNERS
Top: a copper coated steel pin with brass cap. The location monument is set alongside.
Bottom: a stone corner chiseled with the corner number, the initial of the claim and the survey number.