Chapter 1Manner of Locating Mining Claims, Tunnel Rights, and Millsites
Section § 3900
If you're a U.S. citizen or planning to become one, and you find a valuable mineral deposit like gold or silver on public land, you can claim it. To do this, you need to mark the boundaries of your discovery with a monument and post a notice on it. The notice must include the name of your claim, your name and address, the length and width of your claim from the discovery point, the date you posted the notice, details about the monuments you used, and a description to help identify your claim based on natural landmarks.
Section § 3901
If you discover a lode mining claim, you need to clearly mark its boundaries. The claim cannot be longer than 1,500 feet along the vein's path or wider than 300 feet on each side from the vein's centerline at the surface. Within 60 days of claiming a location, you must build a monument at each corner of the claim. These monuments should have markings that clearly identify the corner and name of the claim.
Section § 3902
This law outlines how to properly claim a placer mining site. To do so, you need to set up a noticeable monument at the discovery point and attach a notice detailing: the claim's name, your name and address, the date you posted the notice (which acts as the official date of the claim), the size of the claim, and a description referencing a natural landmark or permanent feature.
Next, mark the claim's boundaries so they are easy to locate. You also need to set up monuments at each corner or nearest possible points, with markings indicating the corner's purpose and the claim's name. If the area has been surveyed by the United States, you can use those official subdivisions for your claim, and additional markers aren't necessary.
Section § 3903
If you want to relocate a mining claim for lode or placer mining, you have to follow the same steps as when you make a brand-new claim.
Section § 3904
This law allows someone who has staked a placer mining claim after July 20, 1935, to make their claim valid even if they couldn't do the required work according to the old rules. To do this, they must dig a trench (an open cut) and remove at least seven cubic yards of material by December 14, 1935.
Section § 3905
If someone staking a mining claim doesn't follow certain rules as outlined in Sections 3900, 3901, or 3903, their claim becomes invalid. However, if the mistake can be fixed according to Section 3908, the claim might still be saved or corrected.
Section § 3906
If you want to claim a tunnel in California, you must clearly mark the starting point with a noticeable monument. This monument must have a posted notice that includes your name and address, the date you marked the location, the direction the tunnel will go, and a description that links to a natural feature or permanent marker.
Section § 3907
This law requires that markers or monuments be placed visibly along the surface of the land to mark the boundary lines of a tunnel. These markers must be placed every 600 feet from the starting point of the tunnel up to a distance of 3,000 feet.
Section § 3908
This statute allows the person who first claims a mining area, or someone they designate, to correct mistakes or comply with earlier legal requirements by filing an updated (amended) notice. This can even include claims made before April 28, 1939. However, the new notice can't interfere with others' rights that exist when it's filed. Importantly, filing an amended notice doesn't prevent the claimant from proving any ownership rights they had from earlier claims.
Section § 3909
If someone has a mining claim, and they have it officially surveyed by a qualified surveyor, they can make it part of the public record by including detailed survey information. The survey must connect to a known survey point, and a certificate from the surveyor must confirm details like the survey's date, the name and location of the claim, and a clear description of the claim. Once filed, this survey record acts as preliminary evidence supporting the facts of the claim.
Section § 3910
This law states that if you own or are qualified to own a mining claim, such as a vein, lode, placer, quartz mill, or reduction works, you can claim up to five acres of nonmineral land to use for activities like milling. To do this, you need to mark the claim boundaries similarly to how placer claims are marked, as outlined in another law. However, you can post the notice of location anywhere within the claim and no additional work is needed to officially establish the location.
Section § 3911
If you find a mining claim in California, like a mineral deposit or a millsite, you have to record a true copy of your notice with the county recorder within 90 days. This includes details about the boundaries of the claim and where it's located according to the U.S. survey.
Additionally, lying about any of this information is a crime. If you intentionally submit false information, you could be fined up to $200 or even spend up to six months in jail, or face both penalties.
Section § 3912
This law states that to keep possession of a mining claim, you must do a certain amount of work, make improvements, or pay a maintenance fee each year. The specific requirements for what needs to be done or paid are determined by U.S. federal laws.
Section § 3913
If you've worked on or improved a mining claim, or paid required fees, you must file an affidavit with the county recorder where the claim is located within 30 days. This document should detail information such as the claim name and number, description of work done, payment information, and similar details. Without this filing, it might be assumed you've abandoned the claim unless you can prove otherwise. Falsely reporting on these affidavits is considered a crime and can lead to fines or imprisonment.
Section § 3914
If you are filing a mining claim affidavit or a notice of intent to hold your claim, the county board of supervisors might require you to show proof that you've paid any taxes related to that claim. This resolution ensures any back taxes are addressed before your paperwork can be officially recorded.
If the board decides to enforce this rule, the county recorder won't accept your documents unless the tax collector certifies that all taxes have been paid. When you pay, the tax collector will issue a receipt or certificate of payment.
If your affidavit isn't certified for tax payment when mailed for recording, the county recorder will send it to the tax collector. The tax collector will then either certify the payment on the document and return it for recording, or send it back to you if the taxes are unpaid.
Section § 3915
This law outlines acceptable types of monuments that can be used to identify land claims: wooden posts, stone mounds, and capped metal posts must all project at least two feet above the ground. If it's unsafe or impossible to place a monument in its exact spot, a nearby 'witness monument' can be used but must clearly mark the true position. People using other types of monuments as of January 1, 1992, must comply with these specifications or remove non-compliant monuments by January 1, 1995. If a claim is given up, lost, or abandoned, all related monuments must be removed within 180 days, or fines may be imposed, and costs for government removal may be charged.
Section § 3916
If someone messes with or removes markers or signs on a mining claim without the owner's permission, they can be charged with a misdemeanor. If convicted, they might have to pay a fine up to $200, serve up to six months in jail, or both.
Section § 3917
Section § 3918
This law section states that if a notice and affidavit, or a certified copy of it, is presented, it automatically serves as initial proof that a person failed to pay their share of the expenses required for mining claims under federal law, as noted in Section 2324 of the U.S. Revised Statutes. This proof also covers that the notice was properly published, unless a certain other document, described in the next section, is on record.
Section § 3919
If someone fails to make required payments for their share of expenses on a mining claim, they have 90 days to pay their co-owners. This includes their share of the expenditures and any costs related to serving notice. Once paid, the co-owner must give them a written statement confirming payment, detailing the specific claim and its location.
This document needs to be recorded at the county recorder's office, where standard fees for recording deeds apply.
Section § 3920
If you and another person own something together and one of you contributes to it without the other's formal acknowledgment in writing within 20 days, the non-signing co-owner must pay a $100 penalty to the contributing person. The contributing owner can recover this penalty through the court.
If the acknowledgment is not given within 20 days, the contributing owner can make a sworn statement with two other neutral witnesses to confirm the details of their contribution. This statement acts as proof of the contribution.
Section § 3921
This law states that if you record a mining claim, millsite, or tunnel right with the county recorder's office, that recorded document is treated as valid in court, just like the original notice would be.
Section § 3922
If you have copies of official records that are required to be recorded under this chapter and they are certified by the correct recorder, these can be used as evidence in court. They are treated just like certified copies of real estate documents that have been properly executed and recorded.
Section § 3923
This law section states that existing mining districts and their rules and regulations remain unchanged and are not eliminated by this chapter.
Section § 3924
If a mining district in California that was created under U.S. law is dissolved, its officers must give the district's location notices and documents related to mining claim titles to the local county recorder.
The county recorder is required to accept these records, and once submitted, they must be made available for the public to view.