The concept of validity on mining claims

The Secretary of the Interior through appropriate staff can inquire into the validity of mining claims through the Act of April 25, 1812 (R.S. 453; 43 USC 2). Validity examinations are also authorized by the Act of July 23, 1955 (USC 601), for management over surface resources of mining claims located prior to the Act Adams v. United States, 318 F2d 861 (9th Cir 1963).] Validity examinations are normally made in response to one of two circumstances: (1) to process a mineral patent application; or (2) to resolve a conflict between the mining claim and some other use of the land. Federal employees charged with the management of Federal lands have the right and authority to challenge the validity of mining claims for any reason Estate of Melvin E. Viles, 126 IBLA 162, 164 (1993).] A validity examination of an unpatented mining claim by a Federal Government minerals examiner is to verify or refute a discovery on that claim. The mineral examiner makes a recommendation as to whether a claim is valid or invalid. If a discovery cannot be verified within the limits of the claim, the examiner will normally recommend that the government contest the claim. Concepts for making validity examinations on mining claims are here given. Many mineral deposits are unique and it is important that the mineral examiner use their initiative and adopt whatever detailed procedures may be required.