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Collection: Directories and Documents > Pamphlets
About Mining the Public Lands Questions & Answers by Bureau of Land Management (PH 2-18) (1985) (12 pages)
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Page: of 12
mining claim. The mining regulations do require that at least $500
must have been expended in the development of the mine. However,
unless there is a valuable mine within the limits of the claim, one
cannot hope to obtain a patent under the General Mining Laws. In fact,
to be considered valid, a mining claim must contain a discovery of
mineral in a quantity and of a quality as would justify a person of
ordinary prudence to expend further time and money with the
reasonable prospect of success in developing a profitable mine. (See
Cole v. Ralph, 252 U.S. 286; Waskey v. Hammer, 223 U.S. 85; U.S. v.
Logomarcini, 60 I.D. 371).
Q. What is a valid unpatented mining claim?
A. A valid unpatented mining claim is one for which the claimant has
obtained the right to extract and remove minerals from the land due
to the discovery of a valuable mineral deposit under the mining laws,
but to which the claimant has not acquired full title (a patent).
Q. Dol have to patent my claim in order to mine on it?
> Itis not necessary to have a patent to mine and remove minerals from
a valid mining claim. But, a patent will give you exclusive title to the
locatable minerals and, in most cases, to use of the surface and all
other resources. Since the claimant does not hold full title to an
unpatented mining claim, the Government may, at any time, question
or challenge its validity and has the right to manage the surface
resources on a claim until itis patented.ABOUT VALID CLAIMS
Q. What is a valid daim?
A. Amining claim is valid only after a valuable mineral deposit has been
discovered within its boundaries.
Q. What is a discovery of a valuable mineral deposit?
A. The courts have established (and the Federal Government follows)
the “prudent man and marketability test” to determine what is a
discovery of a valuable mineral deposit. The test has been satisfied
where minerals have been found and the evidence is such that a
person of ordinary prudence would be justified in spending more
money and doing more work with a reasonable prospect of success in
developing a valuable mine from which minerals can be extracted,
removed, and marketed at a profit.
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