Gold placer claim
Encyclopedia
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, a placer claim grants to the discoveror of valuable minerals contained in loose material such as sand or gravel the right to mine on public land. Other countries such as Canada, Mexico, and Australia grant similar rights. In the United States, the valuable mineral in a placer claim is almost always gold
Gold
Gold is a chemical element with the symbol Au and an atomic number of 79. Gold is a dense, soft, shiny, malleable and ductile metal. Pure gold has a bright yellow color and luster traditionally considered attractive, which it maintains without oxidizing in air or water. Chemically, gold is a...

, although other nations mine placer deposits of platinum
Platinum
Platinum is a chemical element with the chemical symbol Pt and an atomic number of 78. Its name is derived from the Spanish term platina del Pinto, which is literally translated into "little silver of the Pinto River." It is a dense, malleable, ductile, precious, gray-white transition metal...

, tin
Tin
Tin is a chemical element with the symbol Sn and atomic number 50. It is a main group metal in group 14 of the periodic table. Tin shows chemical similarity to both neighboring group 14 elements, germanium and lead and has two possible oxidation states, +2 and the slightly more stable +4...

, and diamonds. Another type of mining claim is a lode claim.

A mining claim allows some security of tenure for the owner, providing an incentive to invest time and money developing the deposit. Mining claim laws vary from state to state, but claims staked over federal minerals follow federal mining law. Federal minerals are managed by the U.S. Bureau of Land Management (BLM).

Mining claims staked under either State or federal laws (state claims may only be staked on state-owned and managed lands; federal claims may only be staked on minerals owned by the federal government) are limited to lands available for claim staking at the time the claims are staked. Thus, if the land is not available for mineral entry (example: withdrawn due to its status as a park or refuge), then the claim is said to be invalid ab initio. An additional requirement is "Discovery", which follows the "Prudent Man Rule." This means that a sufficient indication of valuable mineral(s) would encourage a "Prudent Man" to further invest time and money developing the deposit towards the goal of mining
Mining
Mining is the extraction of valuable minerals or other geological materials from the earth, from an ore body, vein or seam. The term also includes the removal of soil. Materials recovered by mining include base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock...

 it. The holder of a mining claim does not own the surface, the water, or even the rocks and gravel. A mining claim grants the holder with the preferential right to extract the valuable minerals within the claim, and for uses incident to that goal, such as prospecting
Prospecting
Prospecting is the physical search for minerals, fossils, precious metals or mineral specimens, and is also known as fossicking.Prospecting is a small-scale form of mineral exploration which is an organised, large scale effort undertaken by mineral resource companies to find commercially viable ore...

, exploration
Exploration
Exploration is the act of searching or traveling around a terrain for the purpose of discovery of resources or information. Exploration occurs in all non-sessile animal species, including humans...

 and development. Gold mining
Gold mining
Gold mining is the removal of gold from the ground. There are several techniques and processes by which gold may be extracted from the earth.-History:...

 is one of the most common uses for the staking of mining claims.

In Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...

, state mining claims may be up to 160 acre (0.6474976 km²), and there is no distinction between lode
Lode
In geology, a lode is a deposit of metalliferous ore that fills or is embedded in a fissure in a rock formation or a vein of ore that is deposited or embedded between layers of rock....

 or placer
Placer deposit
In geology, a placer deposit or placer is an accumulation of valuable minerals formed by gravity separation during sedimentary processes. The name is from the Spanish word placer, meaning "alluvial sand". Placer mining is an important source of gold, and was the main technique used in the early...

claims. The boundaries of the claim must follow the 4 cardinal directions, with an exception being adjustments for existing valid claims. "Claim jumping", which happens to this day, is a case where one person overstakes the claims of another. This results in civil action, and sometimes violence.

Claims staked on Federal-managed lands fall under Federal rules. Typically, the claim size is limited to 660'x 1320', or 20 acres (80,937.2 m²). The claim must be either placer or lode, and the discovery point must be clearly marked.

The claim staking procedure includes setting a monument (a post of at least 3" in diameter and at least 3' visible above the ground, or a rock monument at least 3' in height) at the NE corner of the claim. This is known as the Number 1 corner, and it is here that the claimant places the location notice. Three additional monuments, one at each corner of the mining claim, must be set, numbered in a clockwise direction.

Copies of the claim documents must be filed in the local offices of the land managers, and filing fees paid. This must be completed within 45 days of the staking. In addition, fees for annual rental, filing, and work (or payments in lieu of labor) to fulfill requirements of "annual labor" must be completed by the deadlines set by the regulations in order to hold the claim. Failure to meet any of these requirements will result in a declaration of abandonment, and the claim cannot be restaked by the original locator or a successor in interest for one year from the date of abandonment. During this time, the claim may be relocated by others.
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