LAND STATUS Karen Goldsmith Land Law Examiner If you have any questions contact: Karen Goldsmith (775) 861- 6408
Transcript
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Karen Goldsmith Land Law Examiner If you have any questions
contact: Karen Goldsmith (775) 861- 6408
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LAND STATUS
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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.
DETERMINING LAND STATUS FOR MINING CLAIMS
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TOOLS FOR LAND STATUS 1. The Public Room here at the BLM Nevada
State Office. 2. 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. 3. 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. 4. 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.
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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)
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BLM Nevada Land Records http://www.nv.blm.gov/LandRecords
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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.
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MTP-REMARKS-RIGHT HAND MARGIN Remarks Master Title Plat
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SECTION 18-SUPPLEMENTAL PLAT Drawn to a larger scale for
congested or complicated lands Supplemental Plat
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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 T he 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
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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.
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HISTORICAL INDEX
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Section(s) Quarter (Qtr) Section(s) Qtr Qtr Sec., Lots, and/or
Other Lands affected Acres Type of Document BLM Case File No.,
Pat/Deed Numbers or Order Numbers Action Date Posted Date
Remarks-Additional Pertinent Information
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BLM GENERAL LAND OFFICE RECORDS http://www.glorecords.blm.gov
Patent search State: Nevada Land Description: Township Range
Meridian (optional) Section
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BLM GENERAL LAND OFFICE RECORDS http://www.glorecords.blm.gov
The Results List shows that there is a Railroad Grant Patent in
Section 11 Patent 649429
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BLM GENERAL LAND OFFICE RECORDS
http://www.glorecords.blm.gov
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Control Document Index: Patents and other documents that convey
title or an interest in land
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BLM GENERAL LAND OFFICE RECORDS
http://www.glorecords.blm.gov
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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).
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WITHDRAWN LANDS Withdrawals are delineated by a medium width
dash-dot line on 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 Withdrawal Line on MTP
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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.
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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.
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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).
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MTP-WITHDRAWN LANDS US Naval Reservation Wdl Indian Reservation
Wdl
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T. 15 N., R. 29 E., MDM, NV US Military Reservation Wdl Indian
Reservation Wdl Dash-dot withdrawal line
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HI-WITHDRAWN LANDS Wdl-Walker Lake Indian Reservation Mins
Reserved to US; All mins transferred to BIA by Public Law
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HI-WITHDRAWN LANDS US Military Reservation Wdl Created by
Public Law 106-65
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TOPOGRAPHIC MAP DEPICTING WITHDRAWN LANDS
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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 voided ab initio. Look for the patent lines
on the MTP
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MTP PRIVATELY OWNED LAND Pat 27-71-0076 D/C All Min Pat 763118
D/C
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HI With Private Surface PX Patent=Private Exchange Patent
Patent Number 27-71-0076Patent dated January 7, 1971 BLM Case File
Number N-4571 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.
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PATENT 27-71-0076 Public land being conveyed from The US to a
private individual 1.Reservation to the US is a right of way for
ditches and canals 2.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
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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.
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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.
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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
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SRHA PATENT 952894 SRHA mineral reservation with right to
prospect, mine and remove the same
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Special Considerations: Federal Aid Highways A right of way
(ROW) for a Federal Aid Highway usually 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
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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
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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.
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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/