Descriptions are by metes and bounds if on unsurveyed land and by legal subdivision if on surveyed lands. The maximum size is 5 acres. Tunnel Sites - A tunnel site is a subsurface right-of-way under Federal land open to mineral entry. It is used for access to lode mining claims or to explore for blind or undiscovered veins, lodes, or ledges not currently claimed or known to exist on the surface.
A tunnel site can be up to 3, feet in length. Provisions of the Mining Law allow for the development of local rules that are consistent with federal law. Therefore, individual states can have their own manner of locating and recording mining claims, tunnels sites, and mill sites. Always check with the appropriate state for state-specific laws and regulations.
Skip to main navigation Skip to main content. Types of Claims Lode Claims - Deposits subject to lode claims include classic veins or lodes having well-defined boundaries. Nothing in this act shall apply to the working of coal mines.
Hereafter the charge for making assays or tests for silver, gold, copper and lead at the University of Wyoming shall be in accordance with a fee schedule established by the university for charges to any resident of the state. Eminent domain for underground right-of-way easements; right of condemnation generally. Every owner or operator of any mining claims or properties having a common corner who find it necessary for the practical or economical development thereof has the right to condemn and to take, hold and appropriate a right-of-way easement across the corner and under or through the lands of another for underground passages or tunnels, including mine access and ventilation entries.
The right-of-way easement shall in no instance exceed two hundred fifty feet in width and any mineral removed from under the lands of another shall be accounted for by the person exercising the rights herein granted to the owner thereof at the gross value thereof on the surface.
Eminent domain for underground right-of-way easements; duty to show good faith and necessity. In order to exercise the right of eminent domain herein granted the person claiming the benefit of such right shall be required to show that the proceeding is in good faith and that the right-of-way easement is necessary to continue the practical and economical development of a commercially feasible mining operation then being conducted.
A The sole or concurrent negligence of the indemnitee or the agents or employees of the indemnitee or any independent contractor who is directly responsible to such indemnitee; or. B From any accident which occurs in operations carried on at the direction or under the supervision of the indemnitee or an employee or representative of the indemnitee or in accordance with methods and means specified by the indemnitee or employees or representatives of the indemnitee, are against public policy and are void and unenforceable to the extent that such contract of indemnity by its terms purports to relieve the indemnitee from loss or liability for his own negligence.
This provision shall not affect the validity of any insurance contract or any benefit conferred by the Worker's Compensation Law of this state. The term "agreement pertaining to any well for oil, gas, or water, or mine for any mineral" as used in section 1 hereof, means any agreement or understanding, written or oral, concerning any operations related to drilling, deepening, reworking, repairing, improving, testing, treating, perforating, acidizing, logging, conditioning, altering, plugging, or otherwise rendering services in or in connection with any well drilled for the purpose of producing or disposing of oil, gas or other minerals, or water, and designing, excavating, constructing, improving, or otherwise rendering services in or in connection with any mine shaft, drift, or other structure intended for use in the exploration for or production of any mineral, or an agreement to perform any portion of any such work or services or any act collateral thereto, including the furnishing or rental of equipment, incidental transportation, and other goods and services furnished in connection with any such service or operation.
Provided that nothing in this act shall be construed to deprive an owner of the surface estate of the right to secure an indemnity from any lessee, operator, contractor or other person conducting operations for the exploration or production of minerals on such owner's land.
Disclaimer: These codes may not be the most recent version. Wyoming may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site.
Please check official sources. Recording mining claims required; requisites of certificate. Imperfect certificates void. Prerequisites to filing location certificates. Location certificates shall describe but 1 claim. Repealed by Laws , ch. Relocation of abandoned claims. Location certificate for placer claims. Assessment work for placer claims; character and kind.
Assessment work for placer claims; upon contiguous claims. You are only allowed to prospect, site and stake a claim on federal lands that are open for mineral entry.
Many of the lands managed by the BLM and Forest Service are closed to mineral entry either by the public lands order, a special regulation or an act of the Congress. There are many areas that have also been withdrawn from mining because of a wide variety of reasons, so it is important to find out about the status of any federal lands before you stake a claim.
Federal lands to avoid when trying to find land to stake a mining claim on, include those lands designated by congress to be National Wilderness and lands designated to be part of a Wild and Scenic River.
At this point it may seem like nearly all of the federal lands are off-limits, but rest assured that there are millions of acres of public land that you can still stake a claim. Following the laid out laws, you can easily stake a mining claim on the federal lands within these 19 states. To help you stake and maintain your mining claim for years to come, here are the steps that you should follow:.
Before you even think of staking a claim on the federal lands you have first to find out if the land has the particular mineral of your interest or not. Most commonly this is silver and gold, but prospectors can also stake clams for copper, platinum, oil, asbestos, lithium and all sorts of metallic and non-metallic minerals.
Some basic research about the history of an area should give you a starting point. Once you have found an area on the federal lands with minerals worth staking a claim, it is important that you confirm with the local BLM offices that there is no active claim on the land before your stake your own claim. If there is a claim on the land it should be marked in accordance with the specific state laws.
Some claims may not be well marked but may still be valid claims because claim posts can be lost, stolen, or fall down and become hidden. Make sure also to check if someone else is in the process of staking a claim on the same location as your desired area. It is important to check on this to avoid conflict that may arise as a result of your claim staking activities. If there is a mining claim on the land already there are two things you can do: either buy the claim from the current owner or find somewhere else to stake a claim.
Usually, trying to find some other location to stake a claim is the best option because many people with mining claims may not be willing to sell their claims and it will be a waste of time trying to convince the current owner to do so. You start to stake your claim by physically marking the boundaries as required by the laws in the state where it is located. Generally this is done by piling some rocks to make a marker or using a post.
Different states have different rules in regards on how to properly staked and how the boundaries need to be marked. Before staking any claim it is a good idea to study the local state laws in regards to mining and staking claims so that you have a better understanding of what you need to do.
Now that you have located and staked your mining claim on the ground, the next step is to identify your mining claim location on a map for filing purposes. You should have already done this when you were researching open areas to prospect, so this part should be easy. The map of your mining claim should show the range, the meridian, the township, the section and the land ownership.
It should be well detailed for easy identification by anyone else looking for mining claims in the same area. Remember that claim sizes are limited by law. For a lode mining claim, the allowed size limit set by the law is feet in length and feet in width with feet on both sides of the claims center line. Small-scale gold miners are usually going to want to file a placer claim. Placer mining claims are usually about 20 acres in size often identified by the already defined lines.
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