LAND STATUS Karen Goldsmith Land Law Examiner If you have any questions contact: Karen Goldsmith (775) 861- 6408
DETERMINING LAND STATUS FOR MINING CLAIMS This presentation will demonstrate the basic requirements and a few of the more common actions on public lands that will help you determine: • 1) Whether your area of interest is on land in Federal ownership; and • 2) Whether or not the land is open to mineral entry.
TOOLS FOR LAND STATUS • The Public Room here at the BLM Nevada State Office. • The Master Title Plat (MTP) is a composite drawing of the survey plats of a township on which is shown the ownership and land status. Be sure to refer to notations, any supplemental plats and protracted surveys. • The Historical Index (HI) is a chronological listing of all actions that affect the use or title to public land and resources for each township. • Control Document Index (CDI)- Consists of copies of patents, deeds and any other documents that affect land status. Located at the BLM Nevada State Office and online.
LOCATION OF CLAIMS AND ACTIONS 1) Access the following resources/websites: ● BLM Nevada State Office Public Room provides online access to BLM official record websites which include: ● Master Title Plat (MTP) http://www.nv.blm.gov/LandRecords/ ● Historical Index (HI) http://www.nv.blm.gov/LandRecords/ ● Control Document Index (CDI) http://www.glorecords.blm.gov 2) Search by the Legal Land Description of your claim: 1) State = Nevada 2) Meridian = Mount Diablo/San Bernardino 3) Township 4) Range Depends where you are in the state 5) Section a) Quarter section(s) sometimes also called quadrant(s): (NE1/4, NW1/4, SW1/4, SE1/4)
MASTER TITLE PLATS ● Master Title Plats- are graphic representations of current Federal ownership, agency jurisdiction, and rights reserved to the federal government on private land. All actions taken on public lands such as rights-of-way for roads, transmission lines, and communication sites are also shown. Private lands are identified with the patent number. ●Supplemental Plats -are created as necessary for sections within a township that are complicated and need to be drawn to a larger scale to show the details. ●Use Plats- are created when necessary to identify the location of oil and gas leases, geothermal leases and other specific uses that affect public lands.
MTP-REMARKS-RIGHT HAND MARGIN Master Title Plat Remarks
SECTION 18-SUPPLEMENTAL PLAT Supplemental Plat Drawn to a larger scale for congested or complicated lands
UNSURVEYED LAND ● The MTP will show if it is surveyed or unsurveyed ● If land is unsurveyed there is a protracted diagram available which has GPS Coordinates to tie into ● The protracted diagram is a graphic display of the extension of the rectangular survey system over unsurveyed public lands . Lat. 37 06’ 52.925 Long. 115 05’ 12.640
HISTORICAL INDEX (HI) The Historical Index is a chronological listing of all actions that affect the use or title to public land and resources for each township. The Historical Index is a ledger-type document that consists of notations that elaborate on the information shown on the MTP. There is a Historical Index for each MTP. The heading of the Index is identical to the heading of the MTP.
HISTORICAL INDEX Section(s) Acres Action Date Quarter (Qtr) Section(s) Type of Document Posted Date Qtr Qtr Sec., Lots, and/or Other Lands affected BLM Case File No., Pat/Deed Numbers or Order Numbers Remarks-Additional Pertinent Information
BLM GENERAL LAND OFFICE RECORDShttp://www.glorecords.blm.gov Patent search State: Nevada Land Description: Township Range Meridian (optional) Section
BLM GENERAL LAND OFFICE RECORDShttp://www.glorecords.blm.gov The Results List shows that there is a Railroad Grant Patent in Section 11 Patent 649429
BLM GENERAL LAND OFFICE RECORDShttp://www.glorecords.blm.gov Control Document Index: Patents and other documents that convey title or an interest in land
LANDS NOT OPEN TO MINING • If claims are located entirely on land that is withdrawn from location and entry under the mining laws or on private land with no minerals reserved to the U.S, the claims will be declared null and void ab initio (from the beginning). • Areas not open to mining: * Withdrawn or Segregated lands (i.e. Indian Reservations, Recreation and Public Purpose (R&PP) classifications, Areas of Critical Environmental Concern (ACEC), military withdrawals etc.) * Patented lands with no minerals reserved to the United States (i.e. Railroad grants, State Selection, Homestead Entry Patents, Mineral Entry Patents, FLPMA Exchange Patents etc).
WITHDRAWN LANDS Withdrawal Line on MTP • Withdrawals are delineated by a medium width dash-dot lineon the MTP. • Within the lower portion of the delineated land description, the abbreviation for withdrawal (Wdl) and the type of withdrawal is listed on the MTP. • Historical Indexes also indicate withdrawn lands. SO 12/5/1959 Wdl Yellowstone R Game Res EO Wdl Pyramid Lake Ind Res
MTP-WITHDRAWN LANDS A dash-dot withdrawal line does not tell you if an area is open to mineral entry, as we will see in a moment. If there is a withdrawal area, be cautious as to whether the land is open to mineral entry.
MTP-T. 17 N., R. 20 E., MDM, NV Part of Sections 4 and 5, and all of Section 6 are withdrawn in this township. The withdrawal notation lies on the southern boundary line of the withdrawal and provides certain information: BLM Case File Number Public Law 100-550 (the authority) The purpose: Juris to USFS (The number 173 pertains to patent information not relevant to this topic). Public Law (PL) 100-550 is law that transfers the jurisdiction of surface management from the Bureau of Land Management to the US Forest Service. PL 100-550 does not close the affected land to mineral entry. Therefore, these lands remain OPEN to mineral entry under this law.
MTP-T. 17 N., R. 20 E., MDM, NV All of Sections 34, 35 and 36 of this township are withdrawn as seen by the dash-dot line within these sections along their southern boundaries, and along the east boundary line of Section 36. (This withdrawal affects more of the township than shown in this illustration). In Section 34, above the withdrawal line shown, is the notation PLO 7491 and the date 7/5/2001. This notation refers to Public Land Order (PLO) 7491, effective 7/5/2001. The purpose of this withdrawal is for the protection of open space values of public land. This PLO specifically withdraws the affected public lands from surface entry and mining, therefore these lands are CLOSED to mineral entry. Any mining claim located within the boundaries of this withdrawal are null and void ab initio (from the beginning).
MTP-WITHDRAWNLANDS US Naval Reservation Wdl Indian Reservation Wdl
T. 15 N., R. 29 E., MDM, NV US Military Reservation Wdl Dash-dot withdrawal line Indian Reservation Wdl Dash-dot withdrawal line
HI-WITHDRAWN LANDS Wdl-Walker Lake Indian Reservation Mins Reserved to US; All mins transferred to BIA by Public Law
HI-WITHDRAWN LANDS US Military Reservation Wdl Created by Public Law 106-65
PRIVATELY OWNED • If claims are located entirely on land that has been patented with no reservation of locatable minerals (i.e. State selection, railroad grant, etc), mining is not open to the public and the claims will be voidedab initio. Look for the patent lines on the MTP
MTP – PRIVATELY OWNED LAND Pat 27-71-0076 D/C All Min Pat 763118 D/C
HI With Private Surface PX Patent=Private Exchange Patent BLM Case File Number N-4571 Patent Number 27-71-0076 Patent dated January 7, 1971 This Patent conveys the East 1/2 of the Southeast 1/4 of section 6, Township 17 North, Range 20 East, Mount Diablo Meridian Nevada, from the United States to a private individual. To confirm the mineral ownership, we must look at the Patent itself.
PATENT 27-71-0076 Public land being conveyed from The US to a private individual Reservation to the US is a right of way for ditches and canals Reservation to the US of all minerals in only this portion of the land being transferred out of US ownership, creating a split estate Patent #27-71-0076
SPLIT-ESTATE LANDS • Split-estate lands are created when the surface ownership passes from the U.S. on to a private party, but the U.S. reserves the mineral estate. • If the U.S. owns the minerals, and a private party owns the surface estate, you will need to determine what lands are available for mining and what procedures must be followed, depending on which authority the Patent was issued under. • If the area you are interested in includes split-estate lands, you may need more assistance from the Public Room or Minerals Adjudication to determine whether the land is open to mineral entry.
STOCK RAISING HOMESTEAD ACT (SRHA aka SRHE PATENTS) • One type of split-estate lands are lands patented under the Stock Raising Homestead Act (SRHA) of 1916. The notation “SRHE Patent” means the same thing, and is short for Stock Raising Homestead Entry Patent. • Lands patented under the SRHA are open to location subject to certain procedures. • Public Law 103-23, passed into law on April 16, 1993, amends the SRHA of 1916. The amendment defines the procedures that individuals or companies must follow prior to locating mining claims on SRHA lands for minerals reserved to the U.S. (See 43CFR 3838, Special Procedures for Locating and Recording Mining Claims and Tunnel Sites on Stock Raising Homestead Act (SRHA) Lands). • SRHA lands require the filing of BLM Form 3830-3, Notice of Intent to Locate, among other things. Be sure this form is filled out accurately and completely-contact the BLM Public Room for any assistance you need in correctly completing this form.
MTP/HI - SRHA LAND Patent 952894 With Reservation of “All Min” to the U.S SRHE Pat=Stock Raising Homestead Entry Patent SRHE Patent 952894
SRHA PATENT 952894 SRHA mineral reservation with right to prospect, mine and remove the same
Special Considerations: Federal Aid Highways A right of way (ROW) for a Federal Aid Highwayusually extends 200 feet on each side of the centerline of the highway. While lode claims may overlap a highway right of way, a placer claim cannot. Since a placer claim affects the surface of the land, any portion of a placer claim that lies within a Federal Aid Highway right of way is null and void from the beginning. Placer claims must be contiguous. A placer mining claim intersected by a Federal Aid Highway which divides it into two separate parts will need to be amended or one part will need to be relinquished in order to be a valid placer claim. Federal Aid Highway ROW 200 feet on EACH side of the centerline
Special Considerations: Mineral Material Sites A Mineral Material Site is a specific area designated for the extraction of mineral materials, often located near a highway, for use in the maintenance of a highway or highways, carrying an exclusive right to mine the site area, typically to the Nevada Department of Transportation. Any portion of a placer mining claim that lies within a Mineral Material Site is null and void from the beginning. A conflict exists for any portion of a lode claim that extends into a designated Mineral Material Site. Any portion of a lode claim overlapping a Mineral Material Site boundary is not null and void from the beginning, as with a placer claim; however, the lode claimant cannot mine any portion of the claim that lies within a Mineral Material Site area. Mineral Material Site held by NV Dept. of Transportation
Special Considerations: Free Use Permits/Community Pits The designation of public lands as a Free Use Permit (FUP) or Community Pit establishes a right to remove the materials superior to any subsequent claim or entry of the lands. Free Use Permits (FUP) are permits typically obtained by a governmental agency, such as a county, to extract mineral materials at no charge from specifically designated areas. Community Pits are designated areas where mineral materials are available for sale to the public. Permits can be purchased in any Field Office, and must be obtained prior to removal of material from a Community Pit. Sometimes community pits and free use permits come from the same deposit areas designated for this purpose.
USEFUL LINKS: GOVERNMENT LAND OFFICE RECORDS http://www.glorecords.blm.gov/ LR 2000 http://www.blm.gov/lr2000/ MTP/HI RETRIEVAL http://www.nv.blm.gov/LandRecords/ CODE OF FEDERAL REGULATIONS http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=cc66d7a7b9deb6393f25ee6619501a36&tpl=/ecfrbrowse/Title43/43c fr3800_main_02.tpl FEDERAL REGISTER http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR FREQUENTLY ASKED QUESTIONS http://www.blm.gov/ca/st/en/info/iac/faqmc.html TRANSLATING GPS INTO A LEGAL DESCRIPTION http://www.geocommunicator.gov/GeoComm/