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Offline Rick55
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« Reply #10 on: March 01, 2009, 08:04:13 pm »
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I agree. Has anyone tried to MD or prospect in Canada?

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« Reply #11 on: March 01, 2009, 08:04:54 pm »
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Starting:

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http://en.wikipedia.org/wiki/Mining_Law_of_1872


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http://en.wikipedia.org/wiki/Mining_Law_of_1872#Subsequent_amendments


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http://www.blm.gov/az/st/en/prog/mining/claims.html


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http://www.nma.org/topic_pages/mining_law.asp


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http://www.geocommunicator.gov/GeoComm/landmin/home/landmin_mining-claims.shtm


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http://www.blm.gov/or/pubroom/files/ORWA-BLM-MINING-PACKET.pdf


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http://www.pewminingreform.org/pr-2008-01-10.html


I will edit this post with more info!

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« Last Edit: March 01, 2009, 08:40:40 pm by homefire »
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Offline Eugene52Topic starter
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« Reply #12 on: March 01, 2009, 11:13:20 pm »
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Great information , Thanks homefire . It looks like a $170 filing fee total . If you do not produce a minimum required amount of gold each year than a maintenance fee is required "every year" before september 1st . If you produce the certified amount You get a Maintenance Waiver , only a $10 dollar fee is required for the year , Not bad !!! A maintenance waiver form is posted here

 Great.....................Eugene52

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« Reply #13 on: March 02, 2009, 11:12:08 am »
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Hi Eugene,
              Thanks for posting this valueable information!! I had no idea on how to file a claim,
will be looking forward to more on this subject ,,,Best Wishes Rob

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Offline Eugene52Topic starter
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« Reply #14 on: March 02, 2009, 01:09:46 pm »
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Quote:Posted by homefire
GPAA is good!

But this program can stop you from stomping on someones ground or trying to file on top of another claim! Shocked

Many gold clubs are out there.

Did you know you can file a Placer claim on top of a lode claim?


Hello homefire and everyone , It is hard to believe you can file a separate Placer claim on top of a Lode claim !!!! I take your word for it , but I see a potential feud or Legal battle , that can start if the placer hits more gold and the Lode mine hits very little !! Make Sense ?

Best Regards..............Eugene52

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« Reply #15 on: March 02, 2009, 02:31:06 pm »
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Here you go!     Shocked



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http://edocket.access.gpo.gov/cfr_2008/octqtr/pdf/43cfr3863.1-3.pdf



? 3863.1?4 Applications for placers containing
known lodes.
Applicants for patent to a placer
claim, who are also in possession of a
known vein or lode included therein,
must state in their application that
the placer includes such vein or lode.
The published and posted notices must
also include such statement. If veins or
lodes lying within placer locations are
owned by other parties, the fact should
be distinctly stated in the application
for patent and in all the notices. But in
all cases whether the lode is claimed or
excluded, it must be surveyed and
marked upon the plat, the field notes
and plat giving the area of the lode
claim or claims and the area of the
placer separately. An application
which omits to claim such known vein
or lode must be construed as a conclusive
declaration that the applicant has
no right of possession to the vein or
lode. Where there is no known lode or
vein, the fact must appear by the statement
of two or more witnesses.
Subpart 3864?Millsite Patents




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« Reply #16 on: March 02, 2009, 03:06:56 pm »
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TYPES OF MINING CLAIMS AND SITES:  There are two types of mining claims (lodes and placers) and two types of sites (mill site and tunnel site).
Lode Claims: Deposits subject to lode claims include, classic veins or lodes having well defined boundaries. They also include other rock in place bearing valuable minerals and may be broad zones of mineralized rock. Examples include quartz or other veins bearing gold or other metallic minerals and large volume but low grade disseminated metallic deposits. Lode claims are usually described as parallelograms with the longer side lines parallel to the vein or lode (see Figure 1). Descriptions are by metes and bounds surveys (giving length and direction of each boundary line). Federal statute limits their size to a maximum of 1,500 feet in length along the vein or lode. Their width is a maximum of 600 feet, 300 feet on either side of the centerline of the vein or lode. The end lines of the lode claim must be parallel to qualify for underground extralateral rights. Extra lateral rights involve the rights to minerals that extend at depth beyond the vertical boundaries of the claim.
  
Placer Claims: Mineral deposits subject to placer claims include all those deposits not subject to lode claims. Originally, these included only deposits of unconsolidated materials, such as sand and gravel, containing free gold or other minerals. By Congressional acts and judicial interpretations, many nonmetallic bedded or layered deposits, such as gypsum and high calcium limestone, are also considered placer deposits. 
Placer claims, where practicable, are located by legal subdivision (for example: Township 10 South, Range 11 East, Section 9, SE1/4).  The maximum size of a placer claim is 20 acres per locator (see Figure 2). An association of two locators may locate 40 acres, and three may locate 60 acres, etc. The maximum area of an association placer claim is 160 acres for eight or more persons.  
The maximum size of a placer claim for corporations is 20 acres per claim. Corporations may not locate association placer claims unless they are in association with other private individuals or other corporations as co-locators.
 




Example of Methods of Monumenting Mining Claims Drawing
of an ideal lode mining claim (Metes and Bound survey method)





 


Most State laws require conspicuous and substantial monuments for
all types of claims and sites.
NOTE: Other states have other requirements for monuments. However, it is BLM policy to not use perforated or uncapped pipe as a monument.  Methods of Describing Placer Mining Claims and Mill Sites examples:








Drawing of a section of land showing types of placer mining claims (PMC) and a mill site (MS).









Mill Sites: A mill site must be located on non-mineral land. Its purpose is to either (1) support a lode or placer mining claim operation or (2) support itself independent of any particular claim. A mill site must include the erection of a mill or reduction works and/or may include other uses reasonably incident to the support of a mining operation. Descriptions of mill sites are by metes and bounds surveys or legal subdivision. The maximum size of a mill site is 5 acres (see Figure 2).
Tunnel Sites: A tunnel site is where a tunnel is run to develop a vein or lode. It may also be used
for the discovery of unknown veins or lodes. To stake a tunnel site, two stakes are placed up to 3,000 feet apart on the line of the proposed tunnel. Recordation is the same as a lode claim. Some States require additional centerline stakes (for example, in Nevada centerline stakes must be placed at 300-foot intervals).  
An individual may locate lode claims to cover any or all blind (not known to exist) veins or lodes intersected by the tunnel. The maximum distance these lode claims may exist is 1,500 feet on either side of the centerline of the tunnel. This, in essence, gives the mining claimant the right to prospect an area 3,000 feet wide and 3,000 feet long. Any mining claim located for a blind lode discovered while driving a tunnel relates back in time to the date of the location of the tunnel site.
 
Federal Lands Open to Mining
There are federally administered lands in 19 States where you may locate a mining claim or site. These States are Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Louisiana, Mississippi, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. In these States, the BLM manages the surface of public lands and the Forest Service manages the surface of National Forest System lands. The BLM is responsible for the subsurface on both public lands and National Forest System lands.
You may prospect and locate claims and sites on lands open to mineral entry. Claims may not be staked in areas closed to mineral entry by a special act of Congress, regulation, or public land order. These areas are withdrawn from the operation of the mining laws.


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« Reply #17 on: July 19, 2009, 02:07:51 pm »
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Following is excerpt from Mining Claim Procedures published by Nevada Bereau of Mines. The case citation is Federal so it seems as would apply in all states.
"---An alternative solution is to locate or ?double stake? the mineral deposit by
both types of claims, but because a placer cannot be located over a lode claim, the
placer claim must be located and recorded first (30 USC 37; Clipper Mining Co. v.
Eli Mining and Land Co., 194 US 220 [1904])."

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« Reply #18 on: July 19, 2009, 02:25:24 pm »
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Cool!     Great

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« Reply #19 on: July 19, 2009, 02:55:54 pm »
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homefire, and group;

Each province and territory, in Canada, is different. One has to study up, locally, because mining is considered provincial jurisdiction. So, I can only quote BC and some of the Yukon.

BC: lode is lode and placer is placer and never the twain shall meet! (its too hard to stop a twain.)

Lode and placer can occupy the same ground, a placer owner, can not dig lode, a lode owner can not touch placer.... I suspect (havnt checked it out) that an individual can not own both lode and placer, on the same piece of ground. (But I do.... sshhhhh!)

A surface rights owner... dwelling, farm, ranch, orchard, home stead, etc. takes precedence. That is, no  one can stake over those surface rights. (They fail, with petroleum, or dont enforce the law.) Oil companies must have  agreements with and compensate surface rights  owners.

It really gets tangled when it comes to fish and forestry, where the poor miner is concerned!
A miner CAN get a free-cutting permit for pit props and stuff, but he cant sell a stick of it. If you have to cut timber to develope a prospect, it lays there and rots! The forestry does NOT like to give out these permits, kind of like pulling teeth.

To top it off, every new political party, that replaces the old one, changes the mining, forestry and fishing laws! Ive seen 3 or 4 entirely new mining acts, in BC, since 1950.

Used to be, a miner could shoot game for food, while in the bush, do it now, and they will lock you up for moose murder!

If you encounter a grizzlly... give him your gun (if you have a carry permit) and hope he doesnt shoot you. He wont have a carry permit so, if you survive, you might get him, on that.

Hey! I can get a $1 seniors fishing license, though, if the fish isnt full of mercury!

Brian AKA goldigger (Sic transit gloria mundi, wednesday and friday.)


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« Last Edit: July 19, 2009, 02:58:18 pm by goldigger »
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