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Electronic Code of Federal Regulations

e-CFR Data is current as of September 18, 2014

Title 43Subtitle BChapter IISubchapter CPart 3860Subpart 3861 → §3861.2-1


Title 43: Public Lands: Interior
PART 3860—MINERAL PATENT APPLICATIONS
Subpart 3861—Surveys and Plats


§3861.2-1   Particulars to be observed in mineral surveys.

(a) The following particulars should be observed in the survey of every mining claim:

(1) The exterior boundaries of the claim, the number of feet claimed along the vein, and, as nearly as can be ascertained, the direction of the vein, and the number of feet claimed on the vein in each direction from the point of discovery or other well-defined place on the claim should be represented on the plat of survey and in the field notes.

(2) The intersection of the lines of the survey with the lines of conflicting prior surveys should be noted in the field notes and represented upon the plat.

(3) Conflicts with unsurveyed claims, where the applicant for survey does not claim the area in conflict, should be shown by actual survey.

(4) The total area of the claim embraced by the exterior boundaries should be stated, and also the area in conflict with each intersecting survey, substantially as follows:

  Acres
Total area of claim10.50
Area in conflict with survey No. 3021.56
Area in conflict with survey No. 9482.33
Area in conflict with Mountain Maid lode mining claim, unsurveyed1.48

(b) It does not follow that because mining surveys are required to exhibit all conflicts with prior surveys the area of conflict with prior surveys the area of conflict are to be excluded. The field notes and plat are made a part of the application for patent, and care should be taken that the description does not inadvertently exclude portions intended to be retained. The application for patent should state the portions to be excluded in express terms.



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