Discovery
The finding of a valuable mineral deposit within the boundaries of a mining claim, required to establish a valid claim.
Detailed Definition
Discovery is the finding of a valuable mineral deposit within the boundaries of a mining claim. A valid discovery is required to establish and maintain rights to a mining claim under the General Mining Law.
The Prudent Person Test: The standard for discovery established in Castle v. Womble (1894): A deposit is valuable if "a person of ordinary prudence would be justified in the further expenditure of his labor and means, with a reasonable prospect of success, in developing a valuable mine."
Requirements for discovery: - Minerals must be physically present within claim boundaries - Deposit must be of sufficient quality and quantity - Economic extraction must be reasonably feasible - Discovery must precede full claim rights
Marketability Test: For some minerals, courts apply an additional standard requiring that minerals can be "extracted, removed, and marketed at a profit."
Discovery monument: At the point of discovery, claimants must: - Post a location notice - Erect a discovery monument - Record the claim with proper authorities
Challenges to discovery: The BLM can challenge the validity of claims through: - Mineral examinations - Validity contests - Administrative proceedings
A valid discovery remains essential to defend against challenges to mining claim validity.
Related Terms
Mining Claim
A parcel of land for which a claimant has asserted a right of possession and the right to develop and extract mineral resources.
Locatable Minerals
Minerals subject to exploration and extraction through mining claims under the Mining Law of 1872.
Mining Law of 1872
The foundational federal law governing the location and patenting of mining claims for hard rock minerals on public lands.