It is very clear that State laws must be complied with and some states go so far as to state that if the essentials of discovery and location are not complied with, the claim shall be null and void. Also, location certificates that do not contain the information set forth in the law, including an adequate description, shall be void.
The mineral surveyors cannot ignore state law, yet there are areas where they should not force the claimant to comply, such as failure to do the necessary discovery work as long as a discovery point has been designated. In such cases the claimant should be advised of the apparent discrepancy. At his insistence, the survey should be executed and processed to show the facts and conditions as they exist, leaving the matter to adjudication during patent proceedings. On the other hand, an inadequate description in the location certificate is justification for requiring an amended certificate.
Each mineral surveyor should obtain a copy of the state mining laws as soon as possible after receiving an order for survey in that state. The Chief, Branch of Cadastral Survey of each state office should have an up-to-date copy of the laws for his state, and advise the Chief, Division of Cadastral Survey at Washington, D.C. of changes as they occur so that he may keep all mineral surveyors advised.
Copies of state laws, in pamphlet form, are usually available from the State Bureau of Mines or Geological Survey, the Secretary of State or Attorney General.
Do not confuse state laws pertaining to the location of mining claims on the public domain with state laws covering the location of state lands. Arizona, for instance, allows the staking of mining claims on state lands and publishes rules and regulations governing such appropriation. Most states, however, lease their minerals.
Following is an abstract of the state laws in force so that mineral surveyors and cadastral surveyors will have an immediate source of information. The abstract is by no means complete, but contains only the essentials, and is not a substitute for the laws themselves.
1–28 ALASKA
Lode Claims:
Location notice containing name of claim, name of locator(s), date of location and approximate bearings and distances between corners shall be posted at the northeast corner of the claim.
Substantial monuments of stone or posts not less than three feet high and three inches in diameter, marked with name of claim, position or corner number and direction of boundary lines to be erected at each corner; witness corners shall be marked to indicate position of true corner. Cut out, blaze or mark boundary lines.