Mining

Claim Conflict

An overlap or competing interest between a mining claim and another mining claim or site, a patent, a lease, or a withdrawal on the same ground.

Detailed Definition

A claim conflict is an overlap or competing interest between a mining claim and something else on the same ground: another mining claim or site, a patent, a lease, or a withdrawal. BLM Manual Section 3870 defines conflicts, "in the mineral patent process," as "overlapping mining claims or sites," and more generally as "any proceeding by the Bureau that requires the determination of the validity of a claim or site so as to firmly establish the rights of the claimant and the United States as to a particular piece of land."

Between mining claims and sites

The Manual's examples include "placer claim vs lode claim" and "mill site vs lode or placer claim." Federal rules explain some of these:

  • A mill site is "a location of nonmineral land not contiguous to a vein or lode" (43 CFR 3832.31), and must be on land "that is not mineral-in-character" (43 CFR 3832.33(a)(1)).
  • A tunnel site "is protected from other parties making locations of lodes within the sidelines of the tunnel and within the 3,000-foot length of the tunnel, unless such lodes appear upon the surface or were previously known to exist" (43 CFR 3832.44(b)).
  • Extralateral rights stop at the surface. The statute does not authorize the owner of a vein that dips beyond his side lines "to enter upon the surface of a claim owned or possessed by another" (30 U.S.C. 26). See Extralateral Rights.

With other interests

The Manual also lists "Desert Land Entry vs a mining claim," "FLPMA land sale or exchange proponent vs a mining claim or site," and "Stock Raising Homestead patentee vs a mining claim." BLM Handbook H-3890-3, Validity Mineral Reports, gives a "Partial List of Land Status Conflicts":

  • Withdrawals: special acts of Congress, national park units, national recreation areas, national conservation areas, wilderness areas, and wild and scenic rivers
  • Encumbrances: private surface, mineral leases, material sites and community pits, rights-of-way and easements, and areas of critical environmental concern

Who resolves them

  • Between rival locators, local courts. BLM "does not intervene in disputes between rival locators over possessory rights" (43 CFR 2091.1(b)).
  • Against a patent application, an adverse claim filed during publication, followed by suit (30 U.S.C. 30). See Adverse Claim.
  • Between co-claimants over a delinquent share, "without BLM involvement, in a court of competent jurisdiction" (43 CFR 3837.30(a)).
  • With the United States, a BLM contest or decision, appealable under 43 CFR parts 4 and 1840 (43 CFR 3830.100).

In the recorded descriptions

A lode description is by metes and bounds and may tie to "Adjoining claims or sites" (43 CFR 3832.12(b)(5)); placer mining claims follow aliquot parts where the land is surveyed (43 CFR 3832.12(c)). Overlaps show up when both are mapped.

Why it matters in mining claim research

Mapping identifies a conflict; it does not resolve it. Resolution needs each mining claim's location date, maintenance history, and land status, plus the dates of any patents, leases, or withdrawals on the ground. See Seniority and Overlap Analysis.