We’ve been doing a lot of research and that is how I've been spending my time. A part of that research includes getting copies of location certificates and claim maps. That introduces the subject of what is required for a location certificate by federal and state law.
The State of South Dakota
more or less avoids the discussion of placer claims, but federal law stipulates
that:
43 CFR §3833.1-2(b):
(1) The name or number of the claim or site, or both,
if the claim or site has both;
An example would be: Robey
No. 1.
(2) The name and current mailing address, if known, of
the owner or owners of the claim or site; Example: your name, your address and we recommend your phone
number. We’ve received phone calls
multiple times when persons got the information off the location certificate
and wanted to talk to us. Same info required for each claimant, but maybe only
the phone number of contact person.
(3) The type of claim or site; Example: lode (20 acres) or placer (up to 160 acres
with 20 acres per claimant)
(4) The date of location; Example: Dec. 1 you have 60 days to file at the
county; 90 days to file at BLM
(5) For all claims or sites a description shall be
furnished.
(i) This description shall recite, to the extent
possible, the section(s), the approximate location of all or any part of the
claim to within a 160 acre quadrant of the section (quarter section), or
sections, if more than one is involved, and the township, range, meridian and
State obtained from an official survey plat or other U.S. Government map
showing either the surveyed or protracted U.S. Government grid, whichever is
applicable. Example: NW1/4 of the
NW1/4 Section 1 extending into the NE1/4 of the NE1/4, Section 2, T5N, R1E,
Black Hills Meridian, Lawrence County, SD. Now there’s a couple of options here because
it is only required to the ¼ section, but either you want parties to know where
your claim is… or not!
(ii) The location of the claims or sites shall be depicted
on either a topographic map published by the U.S. Geological Survey or by a
narrative or a sketch describing the claim or site with reference by
appropriate tie to some topographic, hydrographic, or man-made feature. Such map, narrative description, or sketch
shall set forth the boundaries and position of the individual claim or site
with such accuracy as will permit the authorized officer of the agency
administering the lands or mineral interests in such lands to identify and
locate the claims or sites on the ground. Example: We recommend a tie point to a Benchmark or a Section corner on
a topo. One claim we researched used a building which had been demolished years
ago, so we were hunting in the weeds for some sign of a foundation. Roads and
bridges change, creeks move, anything man-made is subject to change!
(iii) More than one claim or site may be shown on a
single map or described in a single narrative or sketch if they are located in
the same general area, so long as the individual claims or sites are clearly
identified;
(6) In place of the requirements of paragraph (b)(5)
of this section, an approved mineral survey may be supplied. A mining claim
described by legal subdivisions, section, township, range, meridian and State
fulfills the requirements of paragraph (b)(5) of this section.
(7) Nothing in the requirements for a map and
description found in this section shall require the owner of a claim or site to
employ a professional surveyor or engineer.
So what we have observed is
that about 10 out of 10 location certificates we look at superficially meet
federal requirements and that is why they are recorded. The trouble starts with
either a discrepancy between the location certificate and map (most commonly the
description on the location certificate doesn’t match the map); markers on the
ground do not reflect map and/or description); or in a lot of cases there is no
sign of location certificate or markers on the ground!
One recent example had us
completely confused. We’re old-times and still use footage to describe our
claims. Example would be: Tie point begins at NW corner of Section 1, proceed
25 feet west and 250 feet north to Stake #1 (NW corner). Now we love using a
GPS and acknowledge they are “the new prospecting tool”… but, when we looked at
this description we couldn’t figure out what the numbers meant! We forwarded
the information to a friend Brian, who makes a living mapping coordinates. I didn’t feel so bad (or old) when he called
to ask what the numbers meant, since they didn’t look like any coordinates he
was familiar with! So if you use GPS, make sure those figures are accurate.
Another map we looked at was
for a lode claim. The location certificate was misleading at best, sending us
the opposite direction on corners as marked. Then we look at the map, which
depicts about 5 acres of the 20-acre claim!
Remember we said the location
certificates superficially meet federal requirements? I am reasonably confident
that about two of those would allow an official or fellow prospector to
accurately locate the claim on the ground.
Once they got on the ground,
the State of South Dakota requires 8 monuments to be erected and a copy of the
location certificate on display. Monuments are required by law to be “substantial”
and blazed or marked with the name of the claim, post number as noted on your
location map, and depict coordinates of post (example: west side center).
I hate to try and guess, but
I know we have looked at hundreds if not thousands of location certificates
throughout the years. We can readily, off the top of our heads, cite only a few
that we felt even an experienced prospector could find on the ground.
The great thing about this is
that a quick and simple, not to mention economical solution, exists. It is called an amendment which costs $30 to
file at the county and $10 at BLM (costs may change depending on when you read
this). Need some help or just wondering how accurate your information is? Email us a copy of your location certificate
and map at hillshistory1876@gmail.com… we’ll look it over and give you our
opinion! An amendment maintains your original location date, so why not firm up
your location certificate and make sure your claim is clearly marked on the
ground!
