This information circular from the Department of the Interior was revised many times over the years, with the 1936 revision being one of the earlier revisions. At that time, it consisted of two papers, collated and page-numbered as a single circular:
- Prospecting for Lode Gold by E. D. Gardner
- Locating Claims on the Public Domain by Fred W. Johnson
I found a copy of this pack-rat pee-stained circular printed out at a mine in Nevada, and thought it was cool enough to photograph and transcribe for posterity. For ease of consumption, a hyperlinked version of the transcription is shown first; photos of the original document are shown at the end.
I.C. 6843
Revised
April 1936
INFORMATION CIRCULAR
DEPARTMENT OF THE INTERIOR - BUREAU OF MINES
PROSPECTING FOR LODE GOLD1
By E. D. Gardner2
CONTENTS
Page
INTRODUCTION
The Bureau of Mines receives many inquiries concerning favorable areas in which to prospect for gold, procedure to be followed, equipment required, and allied subjects. This circular has been prepared for use in reply to these inquiries and is a preprint of part of a bulletin to be issued later on "Equipping, Developing, and Operating Small Gold Mines."
The increased interest in gold mining manifested during the past few years (1932-1935) has stimulated prospecting. Many adventurers have taken to the field to search for new gold deposits. A large percentage of then have had no previous experience in prospecting for lode gold; this paper has been written with the hope that it might assist these newcomers.
PROSPECTING
A majority of the metal mines in the United States have been discovered by qualified prospectors who were searching for valuable minerals at the time. Chance, however, always
has played a large part in finding mineral deposits. Some of the discoveries of the past were made by men on other errands, such as rounding up burros or hunting game. Accidental discoveries of ore bodies have been made in building roads and trails and in excavating for mine structures. Evidence of ore has been brought to the surface by burrowing animals and by ants; gold found in the craws of fowl has led to discoveries of deposits. Important discoveries have been made by men who had no knowledge of rocks or minerals; on the other hand, many ore bodies have been found by experienced prospectors, sometimes after hundreds of untrained men had already passed over the ground.
The prospector who carries on his work diligently and intelligently is of course more likely to be rewarded for his efforts than the lazy or unintelligent worker; nevertheless, it is obvious that if valuable deposits do not exist at the place being prospected none will be found. Conscientious and painstaking efforts to trace gold to its source usually dis- close nothing more valuable than some narrow, unworkable seams; however, many deposits that were developed into profitable mines were found by this method of prospecting. Although some prospectors have made several lucky strikes, many others have spent their working lives searching for mineral without finding anything worth while. Probably only one prospector out of several thousand ever finds anything worth developing. Moreover, only 1 out of every 300 or 400 properties developed becomes a profitable mine.
Prospecting began in the Western States in the fifties as the miners looked for the source of gold found in placers. The search for gold has been continuous since that time; the number of prospectors in the field at any one time, however, has varied greatly. Except in some desert regions, practically all of the placer fields now being worked were discovered by old timers; most of the important gold districts also were found by early prospectors. Important discoveries of lode mines, however, have been made from time to time. Most of the area in the mining regions of the West has been gone over many times by prospectors, and nearly all of the easily found deposits have been located, but it is reasonable to expect that new gold mines will continue to be found. Most of the future discoveries undoubtedly will be of deposits that do not outcrop. Prospecting for such deposits requires considerable digging.
Several important discoveries were made in 1934. One of these, the Rogers-Gentry gold mine at the edge of Antelope Valley in Los Angeles County, Calif., was found by an experienced prospector on an old patented homestead a number of miles from the nearest producing mine. The initial discovery at this mine was an iron-stained, decomposed, silicous limestone outcrop, with no vein structure evident at the surface, near a small, barren quartz outcrop and a water seep. Another discovery, the Silver Queen gold mine, in the same general region and near Mojave, Calif., was found by an experienced miner on an open fraction 400 by 1,400 feet in size between two old properties which were thought to have been worked out years ago. The Silver Queen discovery was made as the result of finding a single piece of float unlike any ore in the region. The vein did not outcrop; the discovery point was under 6 feet of cover.
To prospect for lode gold one should know first of all how to take care of himself in the hills or on the desert. He should be physically able to stand hard work and know how to use a pick and shovel. Most prospectors also have occasion to drill holes by hand and know how to use explosives. To prospect for lode gold intelligently one should be able to identify gold and the minerals usually associated with it, besides being able to distinguish one general class of rock from another.
Most prospectors work alone and are accustomed to solitude. As discoveries that can be sold for cash are few and far between prospectors must have some other resources for subsistence. Many prospectors work in the mines in the winter and prospect in the summer. Others do the assessment on claims for owners to earn enough money to buy supplies for prospecting.
In the old days many prospectors were grubstaked by merchants, individuals, groups of individuals, or companies, usually on a 50-50 basis. The practice now is followed less than formerly, but a professional prospector of good repute usually can get a backer.
Favorable Areas
Although the old saying that "Gold is where you find it" is quite true, the probability of finding gold in paying quantities will be increased greatly if prospecting is done in areas geologically favorable for the occurrence of gold. Regions in which gold is known to occur naturally are more favorable for prospecting than those where no gold has ever been produced.
The important known gold deposits in the United States occur in regions where intense igneous activity has occurred at some time. The most promising fields for finding new deposits of gold, therefore, should be in or near igneous rocks.3 Not all igneous formations, however, are favorable for the deposition of gold. It probably would be a waste of time to prospect in dark lava flows. Large masses of granites or related coarsely grained crystalline igneous rocks are unlikely to contain gold deposits unless cut by dikes or other intrusions of finer-grained and usually light-colored igneous rocks, such as porphyry, rhyolite, or andesite.
Areas are favorable for prospecting where the principal rocks are granites (as suggested above), schists, slates, greenstones, or related rocks out by later intrusives. Areas in which the principal rocks are the light-colored, finer-grained igneous rocks, especially if of several varieties, are also favorable.
One of the most favorable areas for the occurrence of gold is where the country rock is made up of surface flows, sills, dikes, and other intrusions of these light-colored igneous rocks.
Profitable gold deposits sometimes are found around the borders of great masses of granitic rocks, both in the granites and in the surrounding rocks but more often in the latter.
Large areas of sedimentary rocks,4 such as shale, sandstone, and limestone, are unfavorable for prospecting unless the sediments are out by the light-colored intrusions previously mentioned, and even where so cut the sedimentary areas seldom contain workable quantities of gold unless they have been metamorphosed (changed by pressure and heat) to slate, quartzite or marble.
Gold Lodes and Ore Sheets
Gold in paying quantities does not exist indiscriminately in country rock but where it has been deposited in definite zones usually termed "lodes." Solutions containing the gold have arisen from great depths and have been deposited by relief of pressure, cooling of the solutions, or other causes. For a lode deposit to have been formed there must therefore be some form of opening or zone of weakness through the rocks along which the solutions may rise. Earth movement or faulting commonly causes zones of weakness. Therefore, in prospecting it is well to keep a look-out for fracturing.
Parts of the lodes that contain gold in sufficient quantity to be ore (that is, material that can be mined at a profit) are called "ore shoots." Shoots seldom extend between walls but may be confined to a relatively narrow streak or streaks. Gold-ore shoots usually are relatively small. After a gold-bearing lode is located considerable work may be necessary to find an ore shoot; frequently the gold will not occur in sufficient quantity for any part of the lode to be worked at profit.
The simplest and most common form of gold lode is what is termed a "true fissure vein" by the miners. Fracturing, with or without faulting, has occurred in a relatively narrow zone with well-defined walls. The ore minerals have been deposited in this zone and may fill the space between walls completely. Usually, however, fractured country rock and, if the movement has been great, gangue or slickensides occupy part of the space.
Another type of lode is the shear zone. Here the walls usually are not well-defined. The ore-bearing solutions have deposited the gold and associated minerals in the cracks made by the fracturing. If present, ore shoots may occur anywhere in the fractured zone. Usually they overlap and occasionally may be parallel.
The contact between two different kind of rocks, especially an igneous rock and something else as schist, is generally a line of weakness. Ore-bearing solutions may have been able to rise along the places of weakness and form ore bodies. Such a lode is called a contact vein. Gold ore also may occur in bedded sedimentaries where a fissure cuts a contact, particularly between limestone and quartzite, where conditions are otherwise favorable geologically for the deposition of ore.
Searching for Gold Deposits
In looking for gold deposits vein or lode outcrops are sought and when found are examined for gold-bearing material. Portions of the veins have been eroded away; on steep hills part of the outcrops may have broken off and rolled down the hillside. Mineral-bearing fragments of vein material are called "float." Many deposits have been found by tracing float to its source. In prospecting, a lookout always is kept for such material. Float in the gravels of large streams may have come from many miles distant. In such instances the presence of the float indicates only that the gold-bearing material exists in the watershed above. Where float is found on a hillside the fragments are sought upward until no more are found. If the surface is covered with overburden trenching will be necessary to disclose the lead.
Lodes also may be located by panning loose material below for free gold. Placers are formed from disintegration of rock containing gold. During the ages gold lodes are eroded away at the surface, the gold-bearing rook is ground to powder, and the gold is concentrated in stream beds or desert deposits. The gold of rich placers, however, may have come from a multitude of narrow or low-grade streaks that could not be worked at a profit. The presence of placer gold in a stream bed indicates that the region above contains or has contained lode gold. In seeking for lodes in such a region the gravel of stream beds or debris of dry washes is panned to trace the gold to its source. If the gold suddenly plays out in the main watercourse attention then is directed to the side gulches, which in turn are followed up until no more placer gold is found. The debris on the mountainsides is then panned and the gold traced to its source. At this stage of prospecting float in the overburden may help in the search or be the key to the source of the gold.
Occasionally rich accumulations, called pockets, of free gold are found in the hillside debris. Especially in California pocket hunters have made a living by searching out these accumulations. The same procedure is followed whether the search is for a lode or a pocket. Valuable deposits in place have been found by pocket hunters.
As placer gold travels from its source it becomes flattened or rounded. Angular or jagged gold usually has not traveled far. The same is true of float. Well-rounded fragments of vein quartz may have traveled far, while angular pieces are not likely to have been transported a great distance. In flat, glaciated country float or free gold may have come from hundreds of miles away and may signify nothing as far as the immediate region is concerned.
Quartz, which usually is a constituent of gold ores, is hard and resistant to weathering. Furthermore, frequently the mineralization of a vein is accompanied by silicification of the vein filling and the immediate wall rock, which increases the resistance to weathering and erosion. Hence, a majority of veins containing gold ores outcrop above the surrounding surface. In flat regions, however, the outcrops may be covered with overburden brought down by floods. In some instances the vein may be badly fractured; any quartz present may be in narrow seams in a gangue of shattered country rock. When this is the case the vein at the surface may be softer than the adjoining wall rock and cause a depression. Trenching, therefore, is necessary to disclose the lode in place.
In searching for a hidden vein the following features which may be caused by the existence of a lode should be noted:5
- A natural trench or ditch that does not run directly down the slope of the hill or mountain.
- A sudden change of slope.
- A sharp notch that crosses a ridge that has a rather uniform altitude on both sides of the notch.
- Several springs in a line.
- A sudden change in the kind or quantity of vegetation (may indicate a contact or, if the change in vegetation is found over a narrow strip of ground, a lode may be beneath).
Although many other possible causes may be responsible for these structural features some trenching would be justified if float was found immediately below and not above any particular one of them.
Iron sulphides, which frequently are associated with gold, oxidize to red or yellow oxides when exposed to the surface elements. The presence of a lode very often is disclosed by the stain of these iron minerals.
Present-day prospectors examine old cuts or other workings on abandoned claims. It is possible that with the increased price of gold and the improvements in metallurgy since the original work was done material passed up by the oldtimers may now be valuable.
With a few notable exceptions, the gold in lode deposits occurs as the native metal. At Cripple Creek and some of the other Colorado districts the gold is a constituent of telluride minerals; in general appearance these minerals resemble the iron sulphide minerals.
Gold and Associated Minerals
Gold can be identified readily by sight. It is the only soft, yellow substance with a metallic luster occurring in nature. It can be flattened easily without breaking and be cut or scratched readily with a knife. It is sometimes confused with pyrite, chalcopyrite, or other sulphide or with plates of yellow mica. Pyrite is too hard to be scratched with a knife, and sulphides that resemble gold orush into black powder. Yellow mica yields a white
powder when scratched with the point of a knife. When any doubt exists the suspected substance ordinarily is not gold.
The principal gangue mineral in gold deposits usually is quartz. This mineral is distributed widely in mineralized areas, but a very small percentage of it will be found to contain gold. Glassy or what is called "bull quartz" by the miners seldom if ever is gold-bearing. Massive quartz leads may be very persistent but generally are barren, except in some cases where secondary quartz with more of a porcelain appearance has been deposited. In the Mother Lode region of California the gold usually is associated with this secondary quartz.
With a few exceptions gold below the zone of oxidization generally is associated with or accompanied by sulphides. The principal sulphide ordinarily is pyrite; in some cases, however, chalcopyrite, arsenopyrite, or galena may be the important gold carrier. Gold may occur, however, in quartz without the associated sulphides or their oxidization products or in veins where quartz is not important. For example, in the Oatman (Ariz.) district all the gold is free, and the principal gangue mined is calcite.
Iron streaks or vugs (cavities, usually lined with a crystalline incrustation) in quartz-lead matter are promising places for native gold to occur. Frequently if present it can be seen by the naked eye or with a glass, therefore the prospector is on the look-out for iron-stained or honeycombed quartz. Outcrops, consisting mainly of iron oxides or lead matter heavily impregnated with iron (called gossan), when found in a mineralized region always should be tested for gold; the gossan may be at the top of copper or lead ore bodies with the latter two metals leached out. Sometimes the gossan carries paying amounts of gold.
Any outcrop or float of iron-stained, fractured, light-colored, igneous rock recemented with silica or showing evidence of silicification and banding should be investigated. The ore of the Silver Queen mine near Mojave, Calif., is of this latter type.
In glaciated regions and occasionally elsewhere sulphides occur at the surface. Moreover, float containing sulphides occasionally is found. Both outcrops and float usually are tested for gold by the prospector. Frequently the outcrop of a lead is shown by green or blue copper stain. Should the original copper sulphide have been associated with gold the possibility of a deposit of gold ore exists.
Prospectors usually do not confine their efforts to the search for gold but will locate any deposit that promises to be of value, irrespective of the kind of contained mineral. To be present in sufficient quantities for the material to have value as an ore the base metals must occur in amounts readily discernible by the eye; the base metals, however, may have been removed from outcrops by leaching.
Sampling and Panning
As mentioned before, gold occasionally is visible in vugs or high-grade seams, but usually the gold in its ores is not visible either to the naked eye or with a glass. Rock suspected of containing gold may be tested by assaying or panning. Of course, the former method is to be preferred, but the cost ($1 to $1.50 per determination) precludes its general use by most prospectors. Some of the large mining and smelting companies, however, will assay free a reasonable number of samples sent in by bona-fide prospectors. In this way they may be the first to learn of new discoveries.
Gold prospectors make a practice of panning (or horning) likely looking rock. The sample is first ground in a mortar or otherwise pounded into powder. A small frying pan from the 10-cent store appears to be preferred by most prospectors for panning rock samples. Although the greater reliability of relatively large samples is realized most prospectors when grinding the rock by hand and panning in the field use 1- or 2-ounce samples. In prospecting, the best-looking material is panned. After the rock has been shown to contain gold the value per ton should be ascertained by assaying. Samples for assaying should be cut over a definite width of the exposed vein.
A competent panner can estimate fairly closely the gold content of ore with which he is familiar. An expert panner with a l-ounce sample can detect gold in rock that will assay only about 0.02 ounce of free gold per ton. A milligram of gold in an assay ton (29.168 grams) indicates 1 ounce of gold per ton of 2,000 pounds. An ounce avoirdupois is 28.350 grams.
Not all gold-bearing rock pans. Where the gold is associated with or contained in sulphides, grinding in a mortar may not liberate enough of the gold to be detected in the pan. In the United States, however, the gold in outcrops usually has been liberated by oxidization to such an extent that it can be panned.
In searching for gold most professional prospectors carry a mortar and a canteen of water. Likely looking rock is panned as found. By this procedure a load of rock is not accumulated, and many samples are tested that would not be carried to camp. Furthermore, there is no confusion regarding the location of the gold-bearing material, as often is the case when samples are accumulated.
Although an experienced man may identify gold tellurides in the ore or in the pan the sample should be assayed when their presence is suspected. Assays also are of course necessary to tell whether sulphides contain gold.
All major exposures of veins or other structures that appear favorable for the occurrence of gold should be sampled and assayed. No ore should be shipped without being assayed; almost invariably when this is done the shipper is disappointed. As mentioned above, samples should be cut across definite widths of the vein. Hand and grab samples of ore to be shipped are almost always high.
Surface Weathering
Weathering and leaching by surface solutions may remove the base metals from surface outcrops. Gold, however, is very resistant to leaching, and the weathering of the iron and associated minerals may increase the value per ton of surface ore; hence, it cannot be expected that the value of gold deposits will increase with depth; usually the contrary is true.
Prospecting on Patented Ground
Prospectors are reluctant to prospect on patented ground, as anything found would belong to the owners of the land. The author believes, however, that opportunities occur for finding new deposits on some of the thousands of idle patented mining claims held throughout the West. Many of these claims are held by estates. Even where the owners of idle claims would be willing to draw up papers to the effect that a discoverer of new ore would benefit from his findings, the average prospector would decline to go to this trouble and conduct his searches elsewhere.
Prospecting Outfits and Provisions
The outfit to be taken on a prospecting trip depends upon the mode of transportation, work contemplated, and the funds available. Enough equipment should be taken, but unnecessary articles make extra work. When a more or less permanent camp is established added equipment for personal comfort and efficiency can be obtained. Usually a cabin is built for a permanent camp.7
Transportation
An automobile is to be preferred for transportation if the region is one where it can be used. It has the advantage that a complete outfit can be carried and trips can be made out for supplies with relative ease. Most present-day prospectors use automobiles, especially in the desert regions. In mountainous regions away from roads the old stand-by, the burro, still finds favor. A prospector working alone generally uses two burros; occasionally, however, one animal suffices. A string of six or more burros will be used by a party; in this case a packer will be needed to look after the stock. About 150 pounds can be packed on each animal. A burro can live off the country and can go almost any place a man can get afoot. The principal objection to the use of burros is that they must be rounded up each day to keep them from wandering off beyond reach; a prospector will spend about a fourth of his working time chasing his burros. Mules or horses are used under some conditions but on the whole are less satisfactory for prospecting than burros. A horse cannot live off the country, and both mules and horses must be hobbled to keep them within reach.
Some prospectors prefer to get as near as possible to the area they wish to prospect by car and then carry supplies in on their backs to "spike" camps rather than bother with animals. Each year as more roads are built new country becomes accessible by car.
Camp Outfits
A roll of 3 or 4 blankets (the number depending upon the climate) in a canvas cover, a tent, a tight wooden box with a lid for storing food away from insects and rodents, and a canvas "war bag" for clothes usually make up the minimum camp outfit. A stove will be needed if prospecting is done in cold weather. A folding cot is desirable; in a permanent camp a bunk usually is built, as well as other needed furniture.
Tools
A full-sized ax and a good pocketknife are the first requirements for camping. A saw and a hammer with 2 or 3 pounds of assorted nails will be needed for fixing up a camp. A 50-foot length of 1/2-inch manila rope usually comes in handy. A miner's acetylene lamp provides a good light; a 5-pound can of carbide will last a camp all summer. A flashlight and a supply of batteries are conveniences that may be well worth their cost. A 2-quart canteen with a shoulder strap usually is needed for carrying drinking water or water for panning. A 2-gallon canteen and a 5- or 10-gallon water keg are necessary in some districts. A pick, a long-handled, round-pointed shovel, a gold pan, and a prospector's pick are indispensable. If claims are to be staked a compass will be needed for running out the lines. A hand magnifying glass is a great help in identifying minerals. A mortar and pestle, a horn spoon, or a small pan will be needed for
testing rook for free gold or other heavy minerals. A blowpipe outfit and determinative tables are of service to those who know how to use them. Bags for taking out samples usually are needed. Double paper bags with rubber rings out from old automobile tubes for closing them permit large numbers of samples to be collected with little expense for bags.
A single-jack hammer with 2 or 3 moils will come in handy for taking samples and for loosening rock found in making cuts.
Some prospectors carry 1 or 2 sets of hand steel and several pounds of powder. A few rounds may be drilled and blasted before the steel has to be resharpened. If any extensive rockwork is to be done a forge and a set of blacksmith tools are necessary; usually these are brought in later.
Cooking Equipment
For a 1- or 2-man party a frying pan, a coffee pot, a large and a small stew pan or pot, and a Dutch oven are needed. A knife, fork, spoon, cup, and plate are required for each man. A few extra plates come in handy. A good butcher knife, a water pail, a can opener, and a few tea towels complete the outfit. Other dishes can be taken according to personal preferences.
Provisions
The variety of food taken on prospecting trips depends upon the method of transportation and the prospector's pocketbook. If the supplies are to be packed on animals bulky foods, such as potatoes and canned articles, are omitted. If there is need for economy in making purchases the list will consist mostly of dried staples and vegetables, if available locally.
Bacon, flour, beans, oatmeal, dried or canned fruit, coffee, syrup for hot cakes, and sugar and canned milk for the coffee are the stand-bys in prospectors' camps. As funds get low more beans and less bacon are eaten, and canned fruit is omitted. Canned tomatoes are in common use; they are cheap and supply needed food elements not contained in dry staples (for example, they help to prevent scurvy). Where available locally Irish potatoes, onions, and other vegetables are eaten. Fresh meat is not used much in camps in summer on account of the difficulty of keeping it.
A proper balance should be made in compiling a "grub" list so that needed items will not run short. Everyone prefers certain articles of food, and these likes should be followed as much as practicable. It has been found by experience, however, that fancy groceries are the ones left over, and the first supplies to be used are bacon, potatoes, and flour. Plain, wholesome fare seems to be preferred in camp, especially where hard work is done.
The following weekly allowance of food for one person to give a balanced diet is condensed from suggestions made by Doctor Smith:8 Three 1-pound cans evaporated milk; 2 pounds potatoes: 4 pounds onions, cabbage, beets, or other vegetables; 3 pounds citrus fruits, 6 pounds fresh apples, or equivalent dried prunes, apricots, etc.; 3 pounds dried beans; 6 to 8 pounds cereals, whole-wheat flour or bread, rolled oats, shredded wheat, etc.; 2 1/2 pounds dried meat, bacon, ham, or cheese (fresh meat or eggs may be substituted if available); 3 pounds sugar; 1 pound coffee: 1/4 pound salt: 1/2 pound butter; and baking powder.
The cost of provisions for prospecting in the West will average about 50 cents per day per man. Many prospectors live in the hills when short of funds on as little as 25 cents per day each; they are not well-nourished, however, and do not have a balanced diet.
In many districts of the Southwest water must be carried. The quantity required depends upon the time of year and the amount of work done by the miner. Men working where temperatures range from 100 to 110° drink 2 gallons or more of water per day; under such conditions a 10-gallon tank would last one man 3 days, allowing for cooking but not for the radiator of a car. In cooler weather a 10-gallon tank should last one man a week or 10 days.
Clothing
The most important item of clothing is a pair of stout, thick-soled shoes of good quality, preferably hobnailed. If an extensive trip is planned a second pair may be needed. Other clothing can be patched, but when a prospector's shoes go to pieces his trip is ended. A pair of rubber boots will prove a comfort if much placering is done.
Woolen socks to wear under the heavy shoes help to prevent blisters; several pairs may be worn out in a season.
Other clothes are chosen for the climate and service. A leather jacket is very serviceable and comfortable in cool weather, or a sheepskin coat may be needed when it gets colder. Many prospectors in mountainous regions wear flannel shirts and woolen underwear. Overalls are a common garb.
A complete change of clothing should be taken on all but the shortest trips to permit changing into dry clothing after being caught out in the rain or working in water all day.
First-Aid Supplies
As prospectors are likely to be away from medical aid, some medical and first-aid supplies should be taken along. These should consist of a laxative (castor oil or salts), iodine or mercurochrome to disinfect cuts or bruises, and a first-aid kit. A snake-bite kit may also prove invaluable.
1 The Bureau of Mines will welcome reprinting of this paper, provided the following footnote acknowledgment in used: "Reprinted from U.S. Bureau of Mines Information Circular 6843."
2 Supervising engineer, Southwest Experiment Station, U.S. Bureau of Mines. Tucson, Aria.
3 According to Dana's Manual of Mineralogy, 14th ed., issued in 1929. p. 345. "Igneous rocks, as the name indicates, are those which have been formed by the cooling and consequent solidification of a once hot and fluid mass of rock material."
4 According to Dana, p. 350, "Sedimentary rocks are secondary in their origin, the materials of which they are composed having been derived from the decay and disintegration of some previously existing rock mass."
5 Butler, G. M., Soze Hinta on Prospecting for Gold, Arizona Lode Gold Minea and Gold Mining: Bull. Univ. of Arizona, Tucson, Aria, vol. 6, p. 251.
6 Commonly used as a synonyms for ledge of lode. Mony mining-location notices describe the locator's claim as extending a certain number of feet along and so many feet on each side of the "lode, lead, Vein, or ledge." The word is pronounced "leed" and should not be confused with the metal lead.
7 Gardner, E. D., and Johnson, C. H., Placer Mining in the Western United States: Part I- Prospecting Outfits and Provisions: Inf. Ciro. 6786, Bureau of Mines, 1934, 73 pp.
8 Saith, Margaret Cassack, Food Suggestions for Prospectors; Arizona Gold Placers and Placering: Bull. Univ. of Arizona, vol. 3. no. 1, Jan. 1, 1932, pp. 96-98.
LOCATING CLAIMS ON THE PUBLIC DOMAIN
By Fred W. Johnson9
CONTENTS
Page
INTRODUCTION
In addition to a knowledge of ore minerals and their identification and occurrence, methods of sampling and prospecting, and supplies and equipment required, the prospector must have a general knowledge of how and where mining claims can be located on the public domain. The following information about mining laws has been compiled to meet this need, and every reasonable care has been taken to make it accurate and reliable at the time it was written (January 1936). The reader is warned, however, that changes are made from time to time in the laws and regulations covering the location and patenting of mining claims and that the Bureau of Mines is not the authority on the subject. If specific advice is desired as to any provision of the United States mining laws, inquiry should be directed to the Commissioner of the General Land office, Washington, DC. Inquiries concerning the status of any tract of land should be made to the Register of the U.S. Land Office of the district in which the land is situated.
Lands to Which Mining Laws Apply
The laws (act of May 10, 1872, and amendments) pertaining to acquiring mining claims on vacant public lands apply to Arizona, Arkansas, California, Colorado, Florida, Idaho, Louisiana, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming, and to Alaska.
Lands containing vein or lode deposits can be located and patented where vacant and unappropriated in the public domain, in National forests in the States named, in patented and unpatented stock-raising homesteads, in other agricultural entries not perfected or patented where prospecting can be done peaceably, and in railroad grants that have not been patented. Public lands temporarily withdrawn from settlement, location, sale, or entry and reserved for classification or other public purposes are, as a rule, open at all times to exploration for metalliferous minerals and to location and purchase under the mining laws. However, lands withdrawn for reservoir sites and certain other purposes are not subject to mining location; neither are those included in power sites unless restored under the Federal water power act. One desiring to prospect any particular lands should ascertain from the Register of the U.S. Land Office whether or not they are withdrawn or reserved from mining location. Placer claims generally can be located on lands having the same status as lands subject to location if containing vein or lode deposits, except that deposits of coal, oil, gas, oil shale, sodium, phosphate, potash, and sulphur (in Louisiana and New Mexico) belonging to the United States can be acquired only under the mineral leasing laws and are not subject to location under the United States mining laws.
Mining claims cannot be filed upon patented land except where the minerals have been reserved to the United States, on military reservations, or in National parks or monuments (except Mt. McKinley National Park in Alaska and Death Valley National Monument in California). Lands below high tide or the beds of navigable lakes and rivers are not subject to mineral location.
New lode locations can be made over abandoned earlier locations. Public lands valuable for minerals are not subject to entry or patent under homestead or other nonmineral laws, except under certain laws that provide for patent with reservation of the minerals. Stock-raising homestead entries may include mineral lands not embraced in valid mining claims and may be patented with reservation of all minerals in the land to the United States. Lands entered or patented under this law may be prospected for minerals and, upon discovery, located as mining claims; but the miner's rights are restricted to the minerals in the land and the use of so much of the surface as necessary to mine and remove the minerals.
A lode or vein known to exist in a placer claim prior to the date of the filing of the application for placer patent can be located in the same manner as on vacant public land, but such location is limited to 25 feet on each side of the vein or lode at the surface. A lode deposit cannot be held under a placer location, but once a placer claim is patented the owner owns and may mine all lodes not known to exist at the time the application for placer patent is filed.
Mineral Discovery
The first requirement for locating a lode claim is to make a mineral discovery. This should consist of a "vein", "lode", "ledge", or "crevice" containing valuable "mineral" in place. It is not required that the mineral showing be of sufficient size or grade to be mined at a profit. The finding of float on a lode claim, even if present in sufficient quantity that it may be collected at a profit, does not constitute a mineral discovery.
Although technically a valid lode claim cannot be located until actual valuable mineral has been found in place, it is common custom to post a location notice on open ground where hidden leads are being sought by excavating. If valuable mineral is found by this work, the prospector is afforded some protection by having the location posted should an effort be made to "jump" the ground.
Location of Lode Claims
Mining locations may be made by citizens of the United States, by those who have declared their intention to become citizens, by an association of qualified persons, or by a domestic corporation. Locations can be made by minors who have reached the age of discretion, and without regard to the sex or residence of the locator. A locator may include as colocators other qualified persons who may or may not have seen the ground; moreover, a person may make valid locations as agent for other qualified parties.
No limit is placed by the Federal statutes on the number of locations that may be made by an individual or a company. Both lode and placer claims may be amended and the boundaries changed at any time, provided that such changes do not interfere with the rights of others.
A location notice must contain the names of the locator or locators, the date of location, and a description of the claim by reference to some natural object or permanent monument that will identify it. Lode claims must be marked distinctly on the ground so that their boundaries can be traced readily. State laws define how the location notice must be posted, what the size of the discovery cut or shaft shall be, and how the claim boundaries shall be marked. The location notice should be filed as required by the State laws.
Lode claims are limited to 1,500 feet in length and 300 feet on each side of the lode or vein at the surface. The maximum size of a claim is a parallelogram 600 by 1,500 feet (20.661 acres). The end lines of the claim must be parallel. A claim does not need to be of full size or to be rectangular. If a vein on which a claim is staked curves, the side lines of the claim may be broken to make the location fit the vein. A full-sized claim may be staked so as to embrace two or more noncontiguous fractions of open ground, and a discovery on one of such fractions is sufficient to validate the entire location.
Assessment Work
To hold the possessive title to a mining claim, not less than $100 worth of work must be done or an equivalent value of improvements made upon or for the benefit of each claim each year, regardless of its size. Where a number of contiguous claims are held in common, the aggregate expenditures for the group may be made on one claim, provided such expenditure tends to benefit or develop each claim of the group. Locations connecting only at the corners are held to be noncontiguous. The period within which the annual work must be done begins at noon of July 1 succeeding the date of location. Failure to do the annual assessment work will subject a claim to location by others unless work is resumed before such relocation. It has been held that a claim is not subject to relocation if work is being done on the ground at the end of the required period. In other words, if work is begun by noon of July 1, 1930, on a claim located in September 1928, and diligently carried on thereafter to completion, it is not subject to relocation. Additional work would be required for the period beginning July 1, 1930. Annual expenditure is not required after entry is made at the Land Office for patent.
Should the annual assessment work not be done on a claim for one or more years, the location will still be valid if work is resumed on the ground, provided there has been no relocation by another prior to such resumption of work. Most States have provided for filing proofs of labor for the annual assessment work.
Where one of several locators fails to contribute his share of the required expenditures made for the benefit of a claim. the co-owners, at the expiration of the period, may give notice personally. in writing, or by advertising in the newspaper published nearest the claim at least once a week for 90 days: if upon the expiration of 90 days after the personal notice or upon the expiration of 180 days after the first newspaper notice the delinquent co-owner shall have failed to contribute his proportion of such expenditures or improvements, his interest in the claim passes by law to his co-owners who have made the required expenditures.
Suspension of Assessment Work
Congress suspended the assessment work on all claims for the assessment year ended July 1, 1932. All claim owners who were exempt from the payment of Federal income tax were relieved from making the required annual expenditure for the years ended July 1, 1933, July 1, 1934, and July 1, 1935, subject to filing and recording of notice of intention to hold the claims. During 1934-35, the suspension applied to only 6 lode claims, or 120 acres of placer ground, held by an individual or 12 lode claims, or 240 acres of placer ground, held by a partnership, association, or corporation.
Indian Reservation
The Secretary of the Interior has been authorized by Congress (act of June 30, 1919, and amendment of March 3, 1921) to lease unallotted lands on Indian reservations for mining purposes in Arizona, California, Idaho, Montana, New Mexico, Nevada, Oregon, Washington, and Wyoming. After declaration by the Secretary that the lands are subject to lease, claims may be located as on the public domain; a duplicate of the location notice must be filed with the superintendent in charge of the reservation within 60 days. The locator has 1 year's preference right to apply for a lease through the reservation superintendent to the Secretary of the Interior. Leases are for 20 years, with provision for 10-year renewals.
In other States, unallotted lands not needed for allotment or agriculture may be leased for mining purposes for not more than 10 years.
Lands in the Papago Indian Reservation, in Arizona, are subject to location and patent under the provisions of the United States mining laws. Locators are required to pay a rental of not less than 5 cents per acre to the Papago Tribe, and, in event patent is desired, 1 dollar per acre; and the amount of any damages for loss of improvements made by the Indians must be paid, the damages to be determined by the Secretary of the Interior.10
National Forests in Middle Atlantic States
As stated before, mineral lands in national forests in the public land States may be entered as on the public domain. In the Middle Atlantic States (where the Federal mining laws do not apply) special regulations have been promulgated by the Department of Agriculture permitting prospecting, development, and utilization of the mineral resources on national forest lands.
Prospecting may be carried on without a permit, but no extensive excavations can be made or structures erected without a permit. For a fee of $5.00 exclusive prospecting permits, one to a person, will be issued to qualified persons to explore a specified area not to exceed 100 acres. Permits may be renewed.
Upon application, after the discovery of valuable mineral deposits, a mining permit will be granted for 5 to 20 years at a rental of not less than $1.00 per acre per year, and not less than $2.00 for any permit. In addition, a royalty of 2 to 8 percent of the value of the minerals mined will be charged. Rules are laid down by the Forest Service as to cutting timber and how the mining work shall be conducted.
State Lands
When statehood was conferred upon the Western States, Congress granted to them sections 16 and 36 of each township for school, road-building, or other purposes. Sections 2 and 32 also were granted to Arizona, New Mexico, and Utah. Some special land grants also have been made to most of the Western States. By the terms of the original grant, the States were required to take lieu selections for lands already occupied at the time of the grant or known to be mineral at the time the land was surveyed. Congress, however, by the act of January 25, 1927, granted the States the mineral school sections subject to existing claims.
Most of the mining States provide for leasing minerals found on State land, but some provide for mining locations. After discovery, application for a prospecting or mining lease should be made to the authority having charge of State lands. Regulations on the granting of prospecting or mining leases vary in different States.
Mining Claims on Stock-Raising Homesteads
Patents to stock-raising or grazing homesteads reserve all minerals to the Government. Any qualified locator may go upon the lands entered or patented under the stock-raising homestead act to prospect for minerals, provided he does not damage the permanent improvements of the entryman; he also is liable for all damage he does to crops. (See General Land Office Circular No. 523.)
Anyone who has acquired the right from the United States to mine the minerals may reenter and occupy as much of the surface as is required for mining purposes (1) by obtaining a written consent or waiver from the homesteader; (2) by payment for crops or tangible improvements to the owner under agreement; (3) by posting a bond of at least $1,000 to cover any damages that might be awarded by a court of competent jurisdiction. The bond must be filed with and approved by the register of the Land Office. The Land Office will allow mineral applications on stock-raising homesteads, whether patented or held under entry, and patent will be issued in the regular manner except that it will contain the notation that the land is subject to occupancy and used in accordance with the act of December 29, 1916.
State Mining Laws
By the act of May 10. 1872. Congress authorized State and Territorial legislatures to pass laws regulating the location and holding of mining claims on the public domain. The States in which the mining laws apply have made regulations in addition to those passed by Congress regarding mining claims. By the act of May 17, 1884, the Federal mining laws were extended to Alaska.
Size of Claims
Except for South Dakota and North Dakota, the maximum size of lode claims prescribed by Congress (600 by 1.500 feet) is permitted by State laws. In South Dakota the claims are full width, except where a county at a general election may determine on a narrower width, but not less than 25 feet on each side of the center line. In North Dakota the standard lode claim is 150 feet on each side of the center line, except that by the same procedure as above the width may be increased to 300 feet on each side of the center line. In Colorado, claims were limited to 75 feet in Gilpin, Clear Creek, Boulder, and Summit Counties on each side of the center line, and to 150 feet on each side of the vein in the other counties of the State before 1921, at which time the law was amended to allow full-size claims.
Location Notices
All of the States that have enacted laws pertaining to the location of mining claims require location notices to be posted at the point of discovery, except in New Mexico, where the law provides that the notice shall be posted at a conspicuous place on the claim, and Oregon, where the law merely provides that the notice must be posted on the claim. The United States mining laws require that a location notice for a lode claim shall contain (1) the name of the claim, (2) the name of the locator or locators, (3) the date of location, and (4) such a description of the claim or claims located, by reference to some natural object or permanent monument, as will identify the claim. In addition, the laws of Arizona, California, Idaho, Nevada, Oregon, South Dakota, Utah, and Wyoming require that (1) the general course of the vein as nearly as can be determined, (2) the distance claimed on each side of the center line or discovery cut, i. e., the width of the claim, and (3) the distance claimed both ways along the lode from the point of discovery be shown either in the location notice posted on the claim or in the certificate of location filed for record. Also, the Idaho laws require that the location notice contain the name of the mining district, county, and State. In Alaska, in addition to the Federal requirements, a lode location notice must state the number of feet claimed along the vein each way from the point of discovery and the width on each side of the center line; in Colorado the notice must state the number of feet claimed on each side of the discovery shaft and the general course of the lode as near as can be determined; and in Montana the notice must give the approximate dimensions of the claim.
In most mining districts blank forms of location notices can be purchased from printing establishments or at stores handling stationery. These forms are a convenience in making locations and show the requirements to be followed in the particular State.
Filing Certificate of Location
All Western States require that a copy of the location notice or a certificate of location be filed for record. Thirty days from the date of making discovery or posting of location notice is allowed for filing lode claims in California and Utah: 60 days in Montana, North Dakota, Oregon, South Dakota, and Wyoming; 90 days in Alaska, Arizona, Colorado, Idaho, Nevada, New Mexico, and Washington. In Arizona, California, Colorado, Idaho, and North Dakota location notices or certificates and proofs of annual labor are filed with the county recorder; in Alaska, with the district mining recorder; in Montana, New Mexico, and Wyoming, with the county clerk; in South Dakota, with the recorder of deeds; and in Washington, with the county auditor. In Nevada and Utah notices are filed in duplicate with the district mining recorder if there is one; otherwise, with the county recorder. In Oregon the notices are filed with the recorder of conveyances, if there is one; otherwise, with the county recorder. Arkansas does not require the filing of notices for record, but provision is made for such filing with the county recorder if the mining claimant so desires. The cost of filing notices for record varies from $1.00 to $2.00. In Arizona and New Mexico the notice filed for record must be a copy of the location notice, and in Idaho and Utah the notice filed must be a "substantial" copy of the location notice. In Montana the notice filed must be sworn to, and in Oregon an affidavit must be attached stating that the discovery work has been performed. In Wyoming the notice filed for record must give the location of the claim by reference to section or quarter-section corners, if the claim is on surveyed land.
Marking Boundaries
In all Western States the boundaries of lode locations must be marked before the location notice is filed for record. In Montana and Oregon the boundaries must be marked within 30 days; in Idaho, 10 days; and in Nevada, 90 days after the location notice is posted.
In Utah there are no State regulations as to marking corners, except that they shall be marked distinctly. In Idaho, Montana, and Washington the corners or angles of the claims (four or more corners) shall be marked with substantial monuments. In Alaska, Arizona, California, Nevada, Oregon, and Wyoming each corner and center-end lines of lode claims shall be so marked. In North Dakota and South Dakota each of the four corners, the center-end line, and the center-side lines of lode claims shall be marked and the corners of placer claims by monuments. In Alaska and Washington the claim boundaries must be marked by cutting brush or blazing trees, if claims are covered by such growth. In Colorado the corners of the claim and the center-side lines must be marked.
In Alaska the claim corners of lode claims must be marked by posts at least 3 inches in diameter and 3 feet above ground or by mounds of earth or stone 3 feet high and 3 feet in diameter. The corners must be marked with the name of the claim, the number or position of the corner, and the direction of the boundary lines. In Arizona the monuments must consist of a 4-foot post or a mound of stone 3 feet high. In Colorado and Idaho when posts or trees are used they must be marked, and in Idaho if posts are used they must be at least 4 inches square. In Montana a corner can consist of an 8-inch tree blazed on four sides, a 4-inch square post 4-1/2 feet long surrounded by a mound 4 feet in diameter and 2 feet high, or a square stump with mound, a stone 6 by 18 inches two-thirds in the ground with a mound 4 by 2 feet nearby, or a boulder 3 feet above ground, and each corner is to be marked. Requirements for corners in Nevada are similar to those in Montana. In North Dakota and South Dakota corners are to consist of substantial posts hewed or glazed on the side or sides facing the claim and marked with the name of the claim and the corner. In Oregon the corners must consist of posts at least 4 inches square and 3 feet high or mounds at least 2 feet high; in Washington similar monuments are required, except that mounds must be 3 feet high. In Wyoming substantial corners of stone or posts sunk into the ground are required; they must be marked on the side or sides that face the claim.
Discovery Excavations
No discovery shafts or excavations are required on lode-mining claims in Utah. Alaska, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, South Dakota, Washington, and Wyoming require that a 10-foot shaft shall be excavated or an equivalent excavation made.
In Alaska, the shaft or its equivalent shall be made within one year of the date of location; in California, Nevada, and New Mexico within 90 days; in Colorado, Idaho, Montana, and Oregon within 60 days; in South Dakota, Washington, and Wyoming before the location notice or certificate is filed for record. In North Dakota sufficient excavation must be made to show a well-defined vein or lode before filing the location notice. In Arizona and Nevada the shaft must be at least 4 by 6 feet in section; in Idaho it must be 16 square feet in cross-section or contain 160 cubic feet; in Montana it must contain 150 cubic feet, part of which can be elsewhere on the claim, but 75 cubic feet must be excavated at the point of discovery.
Proofs of Labor
In Alaska, Arizona, California, Idaho, Nevada, New Mexico, Utah, Washington, and Wyoming proof of labor, showing that the annual assessment work has been done on claims, is required to be filed.
Such proofs should be sworn to and should be filed within 90 days after the first day of July in Alaska and Arizona; within 60 days after the first day of July in Idaho, New Mexico, and Wyoming; within 30 days after the first day of July in California and Washington; within 60 days after the work is done in Nevada and Wyoming; within 30 days after the work is done in Utah; and within 20 days after the work is done in Montana. In Arkansas, Florida, Louisiana, Nebraska, North Dakota, Oregon, and South Dakota it is not necessary to file proofs of labor.
Status of Unpatented Lode Claims
A valid lode claim held by right of location may be sold or leased like any other real estate. Ores may be mined and sold from claims held under location, as from patented claims. Patented and unpatented lode claims are taxable, as are buildings and their contents placed upon them.
Timber Rights
Timber and stone on national forests may be used free of charge by bonafide settlers, miners, residents, and prospectors for firewood, fencing, building, mining, prospecting, and domestic purposes under regulations set forth by the Forest Service. Timber on unpatented claims may be used for mining purposes but not sold.
Procedure to Obtain Patent to Lode Claims
Valid locations or groups of locations on which not less than $500 has been expended for the benefit of each claim may be patented. Proceedings for patent are instituted in the district Land Office. The claims or claim must be surveyed by a U.S. mineral surveyor; the application for a survey is made to the public survey office. Notice of the application is required to be posted on the land before the application is filed and published by the register of the Land Office after the application is filed. Information as to patent procedure can be obtained from the register of the local land office or from the General Land Office in Washington.
Adverse Claims
An adverse claim must be filed under oath with the register of the Land Office before the period of advertising expires. The adverse claim must set forth fully the nature and extent of the interference or conflict, whether the adverse party claims as a purchaser or as a locator. If the former, a duly certified copy of the original location notice, the original conveyance, or an abstract of title from the office of the proper recorder should be furnished; if verbal, the circumstances should be narrated. If as a locator, he must file a duly certified copy of the location notice from the office of the proper recorder.
The adverse claimant must also file a plat showing his entire claim and its relative position with regard to the one that he claims conflicts, unless the claims of both parties are located by legal subdivisions.
Upon filing the adverse claim, the register of the Land Office will give notice to the parties that adverse claim has been filed, informing them that the adverse claimant will be required, within 30 days from the date of such filing, to begin proceedings in a court of competent jurisdiction to determine the question of right of possession and to prosecute the action with reasonable diligence to final judgment, and that, should he fail to do so, his adverse claim will be considered waived and the application for patent will be allowed to proceed on its merits.
AFTER THIS REPORT HAS SERVED YOUR PURPOSE AND IF YOU HAVE NO FURTHER NEED FOR IT, PLEASE RETURN IT TO THE BUREAU OF MINES. THE USE OF THIS MAILING LABEL TO DO SO WILL BE OFFICIAL BUSINESS AND NO POSTAGE STAMPS WILL BE REQUIRED.
9 Commissioner of the General Land Office.
10 See Circular 1347, General Land Office, February 27, 1935.
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