State Trust Lands
Land granted by Congress to a state, usually at statehood, and held in trust to earn revenue for schools and other beneficiaries. It is state land, not federal land open to mining claims.
Detailed Definition
State trust lands are lands Congress granted to a state and that the state holds in trust for designated beneficiaries, chiefly public schools. The Utah Trust Lands Administration explains that "Unlike public lands, trust lands are held in trust for beneficiaries designated by Congress at statehood."
How the grants were made
The school grants were made by section number within each township. Examples from official state sources:
- Arizona. The 1863 act creating the territory "granted sections 16 and 36 of each township for the benefit of Common Schools." The Arizona-New Mexico Enabling Act of 1910 "assigned sections 2 and 32 of each township to be held in trust for Common Schools." The Arizona State Land Department says "the total acreage granted was approximately 10,900,000 acres."
- Utah. "Utah was given sections 2, 16, 32, and 36 in each township for public schools, resulting in a checkerboard of land ownership." "All other designated state institutions were granted fixed amounts of acreage."
- New Mexico. The State Land Office says its lands were "allocated to New Mexico by the Federal Government under the Ferguson Act of 1898 and the Enabling Act of 1910."
How they are managed
Trust land is managed to earn money for its beneficiaries, not for general public use. The Arizona State Land Department says "All land uses must compensate the Beneficiaries, a fact that distinguishes it from the way public land, such as parks or national forests, may be used." The New Mexico State Land Office raises revenue "by leasing land for oil, gas, and mineral exploration" and other uses. Utah's Trust Lands Administration manages "approximately 3.3 million acres of combined surface and mineral estate and an additional 1.2 million acres of minerals-only estate."
Mining claims and trust land
Under BLM's regulations, locatable minerals must be "Found on Federal lands open to mineral entry" (43 CFR 3830.12(a)(2)). Federal lands are lands "owned by the United States, subject to location under the General Mining Law" (43 CFR 3830.5). A locator must "Make certain that the land on which you are locating the claim or site is Federal land that is open to mineral entry" (43 CFR 3832.11(c)(1)). State trust land is owned by the state, so it falls outside that definition. Minerals on it are obtained through the state. The Arizona State Land Department, for example, lists applications for a "Mineral Exploration Permit" and a "Common Variety Minerals Lease."
Why it matters in mining claim research
Checkerboard ownership means a block of mining claims can reach into state sections that were not federal land open to location. Research confirms the ownership of every section on the master title plat and in state land office records. A section number alone does not settle ownership, since grants, exchanges, and sales vary by state.
Related Terms
BLM (Bureau of Land Management)
The Bureau of Land Management, the Interior Department agency that manages the federal mineral estate and records and maintains unpatented mining claims and sites.
Open to Entry
Federal land that is open to the location of mining claims and sites under the General Mining Law, because it has not been withdrawn or segregated from mineral entry.
Federal Lands
Lands owned by the United States. For mining claims, BLM's rules define federal lands as land owned by the United States and subject to location under the General Mining Law.
Public Domain Lands
Lands the United States obtained by cession from the original states or by treaty or purchase. Only public domain minerals are locatable under the Mining Law; acquired minerals are not.
Land Status
The legal condition of a tract of federal land: ownership of surface and minerals, withdrawals, segregations, reservations, and the rights already attached to it.