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2005 Nevada Revised Statutes - Chapter 517 — Mining Claims, Mill Sites and Tunnel Rights

CHAPTER 517 - MINING CLAIMS, MILL SITES ANDTUNNEL RIGHTS

GENERAL PROVISIONS

NRS 517.003 Divisiondefined.

LOCATION OF MINING CLAIMS, MILL SITES AND TUNNEL RIGHTS

Lode Claims

NRS 517.010 Personentitled to locate; requirements for location.

NRS 517.030 Monumentingof claim; replacement of plastic monuments.

NRS 517.040 Map:Specifications; filing; distribution; use of filing fee.

NRS 517.050 Certificateof location: Recording; contents; effect of insufficiency.

NRS 517.080 Relocationof abandoned lode claim.

Placer Claims

NRS 517.090 Requirementsfor location.

NRS 517.100 Map:Specifications; filing; use of filing fee.

NRS 517.110 Certificateof location: Recording; contents; effect of insufficiency.

Tailings and Waste

NRS 517.115 Evidenceof abandonment; acquisition after abandonment.

Mill Sites

NRS 517.120 Locationof nonmineral land as mill site.

NRS 517.130 Requirementsfor location.

NRS 517.140 Certificateof location: Recording; contents; effect of insufficiency.

Tunnel Rights

NRS 517.150 Requirementsfor location.

NRS 517.160 Definitionof boundaries; erection of monuments.

NRS 517.170 Recordingof certificate of location; filing of map; effect of insufficiency.

NRS 517.180 Locationof blind or unknown lode or vein in tunnel.

General Provisions

NRS 517.185 Feefor each document filed; disposition.

NRS 517.190 Noticeof location: Filing; evidentiary effect.

NRS 517.195 Separatenotices and certificates of location; effect of combining locations in noticeor certificate.

NRS 517.200 Validationof defective certificate of location or change of boundaries: Filing of amendedcertificate of location; effect of amendment; correction of common error.

NRS 517.210 Surveyof location: Evidentiary effect of field notes and surveyors certificate.

NRS 517.213 Inclusionof patented mines and mining claims on county map; conformity of discrepancybetween county map and record of survey showing location of mine or claim; dutyof county recorder to provide map to county assessor.

NRS 517.215 Comparisonof record of survey to county map of other claims; proposal to change map;notice; hearing.

NRS 517.230 Affidavitof work performed or improvements made; affidavit of owner or claimant;evidentiary effect of affidavits.

NRS 517.280 Certificatesof location need not be sworn to; no required form.

NRS 517.290 Applicabilityof NRS 517.010 to 517.280, inclusive.

NRS 517.300 Unlawfulacts; penalties.

EFFECT OF PREVIOUSLY RECORDED DOCUMENTS; CONVEYANCES

NRS 517.350 Writteninstruments recorded in office of county recorder before February 20, 1873,deemed to impart notice to subsequent purchasers and encumbrancers.

NRS 517.360 Recordsof mining claims, mill sites or tunnel rights made by mining district recorderor county recorder before March 16, 1897, declared valid; evidentiary effect ofrecord.

NRS 517.370 Conveyancesof mining claims: Formalities; construction and proof of conveyances before December12, 1862.

NRS 517.380 Validityof previous conveyances of mining claims or locations by minors more than 18years of age.

SALES BY COUNTIES OF PATENTED MINING CLAIMS

NRS 517.390 Affidavitand petition to explore and develop mine or claim.

NRS 517.400 Determinationof amount of taxes, penalties and costs.

NRS 517.410 Permissionto explore and develop claim; limitations.

NRS 517.420 Executionof deed to convey title to petitioner; consideration and limitations;disposition of proceeds of sale.

NRS 517.430 Renewalof prospecting permits: Limitations and extensions.

NRS 517.450 Saleof mine or claim not subject to prospecting permit: Affidavit and petition.

NRS 517.460 Saleof mine or claim not subject to prospecting permit: Order for and notice ofsale; conveyance to purchaser; disposition of proceeds.

_________

GENERAL PROVISIONS

NRS 517.003 Divisiondefined. As used in this chapter, unless thecontext otherwise requires, Division means the Division of Minerals of theCommission on Mineral Resources.

(Added to NRS by 1999, 3628)

LOCATION OF MINING CLAIMS, MILL SITES AND TUNNEL RIGHTS

Lode Claims

NRS 517.010 Personentitled to locate; requirements for location. Anyperson who is a citizen of the United States, or who has legally declared hisintention to become a citizen of the United States, who discovers a vein orlode may locate a lode mining claim thereon by:

1. Defining the boundaries of the claim in the mannerand within the time prescribed by NRS517.030;

2. Erecting or constructing at the point of thediscovery a monument of the size and character of any of the several monumentsprescribed in NRS 517.030; and

3. Posting in or upon the monument of location anotice of the location, which must contain:

(a) The name of the claim.

(b) The name of the locator and his mailing address.

(d) The number of linear feet claimed in the lengthalong the course of the vein, each way from the point of discovery, with thewidth claimed on each side of the center of the vein and the general course ofthe lode or vein, as near as may be.

[1:89:1897; A 1907, 418; 1919, 386; 1925, 29; R 1927,7; A 1941, 92; 1931 NCL 4120](NRS A 1971, 218; 1985, 1494)

NRS 517.030 Monumentingof claim; replacement of plastic monuments.

1. Within 60 days after posting the notice oflocation, the locator of a lode mining claim shall distinctly define theboundaries of the claim by placing a valid legal monument at each corner of theclaim. A valid legal monument may be created by:

(a) Removing the top of a tree, which has a diameter ofnot less than 4 inches, not less than 3 feet above the ground, and blazing andmarking it;

(b) Capping a rock in place with smaller stones so thatthe rock and stones have a height of not less than 3 feet; or

2. If a wooden post is used, the dimensions of thepost must be at least 1 1/2 inches by 1 1/2 inches by 4 feet, and the post mustbe set 1 foot in the ground.

3. If a metal post is used, the post must be at least2 inches in diameter by 4 feet in length, and it must be set 1 foot in theground. If the metal post is hollow, it must be securely capped.

4. If it is practically impossible, because of bedrockor precipitous ground, to sink a post, it may be placed in a mound of earth orstones. If the proper placing of a monument is impracticable or dangerous tolife or limb, the monument may be placed at the nearest point properly marked todesignate its right place.

5. If a stone is used which is not a rock in place,the stone must be not less than 6 inches in diameter and 18 inches in length,and it must be set with two-thirds of its length in the top of a mound of earthor stone 3 feet in diameter and 2 1/2 feet in height.

6. Durable plastic pipe that was set before March 16,1993, for the purpose of defining the boundaries of a lode mining claim shallbe deemed to constitute a valid legal monument if:

(a) The pipe is at least 3 inches in diameter by 4 feetin length, and the pipe is set 1 foot in the ground; and

(b) The pipe is securely capped with no openperforations.

7. The locator of a lode mining claim located beforeMarch 16, 1993, or his successor in interest, may remove the durable plasticpipe described in subsection 6 and replace the monument of location and thecorner monuments with valid legal monuments in the manner prescribed pursuantto subsection 1. The locator or his successor in interest is not required toreplace a monument located at the center of a side line. Within 60 days afterthe replacement, the locator of the lode mining claim, or his successor ininterest, shall record a notice of remonumentation with the county recorder ofthe county in which the claim is located and pay the fee required by NRS 247.305. The notice must contain:

(a) The name of the claim;

(b) The book and page number or the document number ofthe certificate of location or the most recent amendment to the certificate oflocation;

(d) A description of the monument used to replace eachmonument that is removed.

The noticemay include more than one claim.

8. The replacement of durable plastic pipe or therecording of a notice pursuant to subsection 7 does not:

(a) Amend or otherwise affect the legal validity of theclaim for which the monuments were created;

(b) Modify the date of location of the claim; or

[Part 2:89:1897; A 1899, 93; 1901, 97; 1907, 418; RL 2423; NCL 4121](NRS A 1971, 2197; 1985, 1495; 1993, 24, 25; 1995, 119,121)

NRS 517.040 Map:Specifications; filing; distribution; use of filing fee.

1. Within 90 days after posting the notice oflocation, the locator of a lode mining claim shall prepare two copies of a mapof the claim on a scale of not less than 500 feet to the inch, which sets forththe position of the monuments in relation to each other and establishes numbersof the boundary monuments. If the land has been surveyed by the United States,the description must be connected by courses and distances to an officialcorner of the public land survey. If the land has not been surveyed by theUnited States or if official corners cannot be found through the exercise ofdue diligence, the description must be tied by courses and distance to anatural landmark or a readily identifiable artificial landmark which iscustomarily shown on a map, including, without limitation, a bench mark or thepoint at which two roads intersect. The description must also state thetownship and range, and if the lands are surveyed lands, the quarter sectionand section in which the landmark and the mining claim are situated. Thelocator is not required to employ a professional surveyor or engineer, but eachlocator shall prepare a map which is in accordance with his abilities to mapand properly set forth the boundaries and location of his claim. The size ofeach sheet must be 8 1/2 by 14 inches or 24 by 36 inches. Any 8 1/2- by 14-inchsheet must be capable of being photocopied. Any 24- by 36-inch sheet must be amylar print or other material capable of being reproduced by standard means.

2. Within 90 days after the posting of the notice oflocation, the locator shall file both copies of the map with the countyrecorder in the county in which the claim is located together with a filing feeof $15 for each claim whose boundaries and location are set forth on the map.

3. Using the proceeds of these filing fees, thecounty:

(a) Shall establish and maintain, in accordance withthe regulations of the Division, a map of the mining claims in the county thatmust accurately record the location of all mining claims filed after July 1,1971;

(b) Shall purchase and maintain the necessary equipmentused in establishing, maintaining and duplicating the map; and

The map is apublic record.

4. The county recorder shall not refuse to accept amap submitted by a locator unless he can affirmatively show that the mapsubmitted does not accurately reflect the location of all the claims.

5. The county recorder shall send one copy of thelocators map and one copy of the certificate of location to the countysurveyor as soon as practicable after its receipt.

[Part 2:89:1897; A 1899, 93; 1901, 97; 1907, 418; RL 2423; NCL 4121](NRS A 1960, 291; 1961, 100; 1971, 2198; 1973, 868; 1983,1609; 1985, 1496, 1691; 1987, 318; 1993, 1685; 1999, 3628)

NRS 517.050 Certificateof location: Recording; contents; effect of insufficiency.

1. When the locator files his map pursuant to NRS 517.040, he shall present to the countyrecorder for recording, together with the usual recording fees, duplicatecertificates of location which contain:

(a) The name of the lode or vein.

(b) The name of the locator and his mailing address.

(d) The number of linear feet claimed in length alongthe course of the vein each way from the point of discovery with the width oneach side of the center of the vein, and the general course of the lode or veinas near as may be.

(e) A statement that the work of location consisted ofmaking the maps as provided in NRS 517.040.

(f) The location and description of each corner, withthe markings thereon.

2. Any record of the location of a lode claim whichdoes not contain all the requirements named in this section recorded on orafter July 1, 1971, is void, and every location of a mining claim recorded onor after July 1, 1971, is void unless a certificate of location thereofsubstantially complying with the above requirements is recorded with the countyrecorder of the county in which the claim is located within 90 days after thedate of location.

3. This section does not invalidate a record oflocation of a mining claim which was validly located and recorded before July1, 1971.

[Part 3:89:1897; A 1907, 418; 1941, 92; 1931 NCL 4122](NRS A 1960, 292; 1961, 100; 1971, 2199; 1983, 1610; 1985, 1497)

NRS 517.080 Relocationof abandoned lode claim.

1. The relocation of an abandoned lode claim must bemade by preparing two copies of a map of the claim as provided by NRS 517.040, and erecting new boundaries oradopting the old boundaries by renewing the monuments if they have been removedor destroyed. In either case, a new monument of location must be erected.

2. Two copies of the claim map must be filed withduplicate certificates of location with the county recorder of the county inwhich the claim is situated, accompanied by a filing fee as prescribed in NRS 517.040.

[7:89:1897; C 214; RL 2428; NCL 4126](NRS A1971, 2200; 1983, 349; 1985, 1498)

Placer Claims

NRS 517.090 Requirementsfor location.

1. The location of a placer claim shall be made in thefollowing manner:

(a) By posting thereon, upon a monument meeting therequirements of NRS 517.030, erected atany point along the north boundary, a notice of location containing:

(1) The name of the claim;

(2) The name of the locator or locators,together with the post office address of such locator or locators;

(3) The date of location; and

(4) The number of feet or acres claimed; and

(b) By marking the boundaries and the location point inthe same manner and by the same means as required by the laws of this state formarking the boundaries of lode claim locations.

2. Where the United States survey has been extendedover the land embraced in the location, the claim may be taken by legalsubdivisions, and, except the marking of the location point as prescribed insubsection 1, no other markings than those of such survey shall be required.

[13:89:1897; A 1899, 93; C 220; RL 2434; NCL 4132](NRS A 1971, 2200)

NRS 517.100 Map:Specifications; filing; use of filing fee. Within90 days after posting the notice of location of a placer claim, the locatorshall:

1. Prepare two copies of a map of the claim which mustbe of a scale of not less than 500 feet to the inch. If the United Statessurvey has been extended over the land embraced in the location, the claim maybe taken and described on the map by legal subdivisions as provided in NRS 517.090. If the land has not beensurveyed by the United States or if official corners cannot be found throughthe exercise of due diligence, the map must set forth the position of themonuments in relation to each other and establish numbers of monuments, and thedescriptions must be tied to a natural landmark or a readily identifiableartificial landmark as provided in NRS517.040.

2. File the maps with the county recorder in thecounty in which the claim is located together with a filing fee of $1 per acre.One-half of the filing fee must be used by the county to establish andmaintain, in accordance with the regulations of the Division, a map of themining claims in the county that must accurately record the location of allmining claims filed after July 1, 1971, which is a public record. The remainingpart of the fee may be used for the same purposes as any other general revenueof the county.

[Part 14:89:1897; A 1899, 93; C 221; RL 2435; NCL 4133](NRS A 1971, 2200; 1985, 1498; 1993, 1686; 1999, 3629)

NRS 517.110 Certificateof location: Recording; contents; effect of insufficiency.

1. When the locator files his maps pursuant to NRS 517.100, he shall present to the countyrecorder for recording, together with the usual recording fees, duplicatecertificates of location which state:

(a) The name of the claim, designating it as a placerclaim.

(b) The name of the locator and his mailing address.

(d) The number of feet or acres claimed.

2. This certificate, or the record thereof, or acertified copy of the record is prima facie evidence of the recitals therein.

3. If the certificate does not state all the factsrequired by this section to be stated, it is void.

[Part 14:89:1897; A 1899, 93; C 221; RL 2435; NCL 4133](NRS A 1971, 2201; 1983, 1611; 1985, 1499)

Tailings and Waste

NRS 517.115 Evidenceof abandonment; acquisition after abandonment.

1. Whenever the tailings of any mining claim or thewaste of any mine has been deposited upon the unappropriated public domain andremains unworked for a period of 10 successive years, it is prima facieevidence of abandonment of title or the right of possession thereto.

2. After abandonment, the right of possession or titleto the mining tailings or waste may be acquired by locating the site on whichthe tailings or waste is deposited by complying with the provisions of NRS 517.090 to 517.110, inclusive.

(Added to NRS by 1957, 569; A 1985, 1499)

Mill Sites

NRS 517.120 Locationof nonmineral land as mill site. Theproprietor of a mine or mining claim or the owner of a mill or reduction works,may locate 5 acres of nonmineral land as a mill site.

[15:89:1897; C 222; RL 2436; NCL 4134](NRS A1985, 1499)

NRS 517.130 Requirementsfor location. The locator of a mill site shalllocate his claim by:

1. Posting a notice of location thereon, which mustcontain:

(a) The name of the locator and his mailing address;

(b) The name of the mine or mining claim of which he isthe proprietor, or the name of the mill or reduction works of which he is theowner;

(d) The number of feet or acres claimed; and

2. Marking the boundaries of his claim in the samemanner as provided in this chapter for the marking of the boundaries of aplacer claim, so far as applicable thereto.

[16:89:1897; C 223; RL 2437; NCL 4135](NRS A1971, 2201; 1985, 1499)

NRS 517.140 Certificateof location: Recording; contents; effect of insufficiency.

1. Within 90 days after the date of his location, thelocator of a claim or location of a mill site shall record his location withthe county recorder of the county in which the location is situated, byduplicate certificates of location.

2. When the locator records his certificates oflocation he shall file two copies of a map not to exceed 3 feet by 4 feet andpay the filing fees which comply with the requirements set forth in NRS 517.040 and 517.050.

3. Any record of a location of a mill site which doesnot contain the name of the locator, the name of the mine or mining claim ofwhich the locator is the proprietor, or the name of the mill or reduction worksof which the locator is the owner, the number of feet or acres claimed, and adescription which identifies the claim with reasonable certainty is void.

[17:89:1897; C 224; RL 2438; NCL 4136] +[18:89:1897; C 225; RL 2439; NCL 4137](NRS A 1971, 2201; 1983, 1611;1985, 1500)

Tunnel Rights

NRS 517.150 Requirementsfor location. The locator of a tunnel right orlocation shall locate his tunnel right or location by posting a notice oflocation at the face or point of commencement of the tunnel, which notice mustcontain:

1. The name of the locator and his mailing address.

2. The date of the location.

3. The proposed course or direction of the tunnel.

4. The height and width thereof.

5. The position and character of the boundarymonuments.

6. A description of the tunnel by reference to anatural landmark or a readily identifiable artificial landmark which identifiesthe claim or tunnel right.

[19:89:1897; C 226; RL 2440; NCL 4138](NRS A1971, 2202; 1985, 1500)

NRS 517.160 Definitionof boundaries; erection of monuments.

1. Within 60 days after the posting of the notice oflocation, the locator of a tunnel right or location shall define the boundariesof the tunnel by monuments placed at intervals of not more than 300 feet fromthe face or point of commencement of the tunnel to the terminus of 3,000 feettherefrom.

2. The monuments must be of the same size andcharacter as those provided for lode or placer claims in this chapter.

[20:89:1897; C 227; RL 2441; NCL 4139](NRS A1985, 1500)

NRS 517.170 Recordingof certificate of location; filing of map; effect of insufficiency.

1. Within 90 days from the date of the location, thelocator of a tunnel right or location shall record his location with the countyrecorder of the county in which the location is situated.

2. When the locator records his certificate oflocation he shall file two copies of a map that complies with the requirementsset forth in NRS 517.040.

3. Any record of a tunnel right or location which doesnot contain all the requirements named in this section is void.

[21:89:1897; C 228; RL 2442; NCL 4140](NRS A1971, 2202; 1985, 1500)

NRS 517.180 Locationof blind or unknown lode or vein in tunnel. Allblind lodes, or veins or lodes not previously known to exist, discovered in atunnel run for the development of a vein or lode, or for the discovery ofmines, and within 3,000 feet from the face of such tunnel, shall be locatedupon the surface and held in like manner to other lode claims under theprovisions of this chapter.

[22:89:1897; C 229; RL 2443; NCL 4141]

General Provisions

NRS 517.185 Feefor each document filed; disposition.

1. In addition to any recording fee, each filingpursuant to NRS 517.050, 517.080, 517.110,517.140, 517.170, 517.200and 517.230 must be submitted with afiling fee in an amount established pursuant to subsection 2. The countyrecorder shall collect the filing fee and, on or before the fifth working dayof each month, deposit with the county treasurer all such fees collected duringthe preceding month. The county treasurer shall quarterly pay the moneycollected to the Division. The Division shall deposit with the State Treasurer,for credit to the Account for the Division of Minerals created pursuant to NRS 513.103, all money received pursuant tothis section.

2. The Commission on Mineral Resources shall, byregulation, establish the filing fee required pursuant to subsection 1 in anamount not to exceed $6 per claim.

(Added to NRS by 1985, 1494; A 1989, 1595; 1991,1780; 1993, 298, 1686; 1995, 579; 1999, 891, 3629; 2001, 66)

NRS 517.190 Noticeof location: Filing; evidentiary effect. Alocator of a mining claim or a claim for a mill site or tunnel right may filewith the county recorder a notice of location which is prima facie evidence inall courts of justice of the first location of that claim.

[Part 3:89:1897; A 1907, 418; 1941, 92; 1931 NCL 4122](NRS A 1985, 1501)

NRS 517.195 Separatenotices and certificates of location; effect of combining locations in noticeor certificate.

1. A locator shall:

(a) Post a separate notice of location; and

(b) Record a separate certificate of location,

for eachlocation of a lode or placer claim or of a claim for a mill site or tunnelright.

2. Where a notice or certificate of location includesmore than one location, it is void as to all locations except the firstdescribed in the notice or certificate. If the descriptions are combined sothat it cannot be determined from the notice or certificate which location isdescribed first, the notice or certificate is void as to all of the locations.

(Added to NRS by 1985, 1493)

NRS 517.200 Validationof defective certificate of location or change of boundaries: Filing of amendedcertificate of location; effect of amendment; correction of common error.

1. If at any time the locator of any mining claimlocated before, on or after March 16, 1897, or his assigns, apprehends that hisoriginal certificate of location was defective or erroneous, or that therequirements of the law had not been complied with before filing, or if he isdesirous of changing his surface boundaries or of taking in any part of anoverlapping claim which has been abandoned, or in case the original certificateof location was made before March 16, 1897, and he is desirous of securing thebenefits of this chapter, the locator, or his assigns, may file an amended certificateof location, subject to the provisions of this chapter, if the amendment doesnot interfere with the existing rights of others at the time of the amendment.

2. The amendment or the record thereof does notpreclude the claimant from proving any title he held under previous locations.

3. Where a common error occurs in more than onecertificate of location, the locator may record one document which describesthe error, makes reference to the claims by name and the date, book and page ofrecording and states the desired amendment.

[6:89:1897; C 213; RL 2427; NCL 4125](NRS A1969, 498; 1985, 1501)

NRS 517.210 Surveyof location: Evidentiary effect of field notes and surveyors certificate. Where a locator, or his assigns, has the boundaries andcorners of his claim established by a United States Mineral Surveyor, or alicensed surveyor of this state, and his claim connected with a corner of thepublic or minor surveys of an established initial point, and incorporates intothe record of the claim the field notes of the survey, and attaches to andfiles with the certificate of location a certificate of the surveyor settingforth:

1. That the survey was actually made by him, givingthe date thereof;

2. The name of the claim surveyed and the locationthereof; and

3. That the description incorporated in thedeclaratory statement is sufficient to identify,

the surveyand certificate become a part of the record, and the record is prima facieevidence of the facts therein contained.

[8:89:1897; C 215; RL 2429; NCL 4127](NRS A1985, 1502)

1. The county recorder shall include all patentedmines and mining claims in the county on the county map of mining claims in amanner which clearly distinguishes the patented mines and mining claims fromthe unpatented claims.

2. When a record of survey filed with the county by aregistered surveyor shows the location of a patented mine or mining claim, thecounty recorder shall conform the county map to the record of survey if thereis any discrepancy between the two maps concerning the location of the mine orclaim.

3. A county recorder who records a map pursuant tothis section shall, within 7 working days after he records the map, provide tothe county assessor at no charge:

(a) A duplicate copy of the map and any supportingdocuments; or

(b) Access to the digital map and any digitalsupporting documents. The map and supporting documents must be in a form thatis acceptable to the county recorder and the county assessor.

(Added to NRS by 1985, 1494; A 1989, 50; 2001, 1566; 2003, 2792)

NRS 517.215 Comparisonof record of survey to county map of other claims; proposal to change map;notice; hearing.

1. When a record of survey filed with the countyrecorder by a professional land surveyor shows the location of a mining claim,the county recorder shall compare that record of survey to the county map ofmining claims and ascertain whether the location of the claim is accurateaccording to the record of survey.

2. If the county map inaccurately shows the locationof the claim, the county recorder shall propose a change to the county map andmail a notice to all persons whose claims would be affected by the proposedchange.

3. The notice must include:

(a) A description of the proposed change; and

(b) A statement advising the owner of the claim thatthe proposed change will be made unless he makes a written request to thecounty recorder for a hearing within 30 days.

4. If a request for a hearing is not received by thecounty recorder within 30 days after he mailed the notice, the county recordershall make the proposed change to the county map.

5. Upon receipt of a request for a hearing the countyrecorder shall request the board of county commissioners to hold a hearing onthe proposed change.

6. Upon receipt of such a request the board of countycommissioners shall, after notifying the county recorder and the owner of themining claim at least 30 days in advance, hold a hearing and determine whetherthe proposed change is to be made.

(Added to NRS by 1985, 1494; A 1989, 797)

NRS 517.230 Affidavitof work performed or improvements made; affidavit of owner or claimant;evidentiary effect of affidavits.

1. On or before November 1 of the year for which laboris performed or improvements are made as required by law for a mining claimannually, the person in whose behalf the labor was performed or improvementsmade, or someone in his behalf, shall make and have recorded by the countyrecorder, in books kept for that purpose in the county in which the miningclaim is situated, an affidavit setting forth:

(a) The amount of money expended, or value of labor orimprovements made, or both.

(b) The character of expenditures or labor orimprovements.

(d) The year for which the expenditures or labor orimprovements were made and the dates on which they were made.

(e) The name of the owner or claimant of the claim atwhose expense the improvements or labor was made or performed.

(f) The names of the persons, corporations, contractorsor subcontractors who performed the work or made the improvements.

2. An affidavit made and recorded pursuant tosubsection 1 or a copy thereof, certified by the county recorder, is primafacie evidence of the performance of the labor or the making of theimprovements, or both.

3. On or before November 1 of each year that theperformance of labor or the making of improvements is not required by law for amining claim, the owner or claimant of the mining claim who intends to hold theclaim, or someone in his behalf, shall make and have recorded by the countyrecorder, in books kept for that purpose in the county in which the miningclaim is situated, an affidavit setting forth:

(a) The name and address of the owner or claimant ofthe mining claim.

(b) The name of the mining claim, and the serialnumber, if any, assigned to the claim by the United States Bureau of LandManagement.

(d) A statement that the owner or claimant of themining claim intends to hold the claim.

4. An affidavit made and recorded pursuant tosubsection 3 or a copy thereof, certified by the county recorder, is primafacie evidence that the owner or claimant of the mining claim intended to holdthe claim from 12 p.m. on September 1 of the year before the affidavit was madeand recorded, until 11:59 a.m. on September 1 of the year that the affidavitwas made and recorded.

[10:89:1897; C 217; RL 2431; NCL 4129](NRS A1960, 319; 1961, 422; 1969, 1003; 1971, 2202; 1985, 1502; 1993, 299)

NRS 517.280 Certificatesof location need not be sworn to; no required form. Certificatesof location need not be sworn to, and are not required to be in any specifiedform nor to state facts in any specific order, but must truly state therequired facts.

[24:89:1897; added 1899, 93; C 231; RL 2445; NCL 4143](NRS A 1961, 422)

NRS 517.290 Applicabilityof NRS517.010 to 517.280, inclusive. The provisions of NRS517.010 to 517.280, inclusive, shallbe construed as equally applicable to all classes of locations, except wherethe requirement as to any one class is manifestly inapplicable to any otherclass or classes.

[23:89:1897; C 230; RL 2444; NCL 4142]

NRS 517.300 Unlawfulacts; penalties.

1. A person who willfully antedates or puts any falsedate or date other than the one on which the location is made upon any noticeof location of any mining claim in this state is guilty of a category D felonyand shall be punished as provided in NRS193.130.

2. A person who willfully and knowingly makes a falsematerial statement on the certificate of location or on any map required bythis chapter is guilty of a category D felony and shall be punished as providedin NRS 193.130.

[1911 C&P 410; RL 6675; NCL 10362](NRS A1971, 2203; 1979, 1484; 1985, 1502; 1995, 1303)

EFFECT OF PREVIOUSLY RECORDED DOCUMENTS; CONVEYANCES

NRS 517.350 Writteninstruments recorded in office of county recorder before February 20, 1873,deemed to impart notice to subsequent purchasers and encumbrancers. All instruments of writing relating to mining claimscopied into books of mining records or other records in the office of thecounty recorders of the several counties prior to February 20, 1873, shall,after February 20, 1873, be deemed to impart to subsequent purchasers and encumbrancersand all other persons whomsoever notice of the contents thereof. Nothingcontained in this subsection shall be construed to affect any rights acquiredor vested prior to February 20, 1873.

[1:20:1873; B 320; BH 2664; C 2736; RL 1635;NCL 2136] + [2:20:1873; B 321; BH 2665; C 2737; RL 1636; NCL 2137](NRS A 1971, 810)

NRS 517.360 Recordsof mining claims, mill sites or tunnel rights made by mining district recorderor county recorder before March 16, 1897, declared valid; evidentiary effect ofrecord.

1. All records of lode or placer mining claims, millsites or tunnel rights made by any mining district recorder or any countyrecorder prior to March 16, 1897, are hereby declared to be valid and to havethe same force and effect as records made in pursuance of the provisions of NRS 517.010 to 517.280, inclusive.

2. Any such record, or a copy thereof duly verified bya mining district recorder or duly certified by a county recorder, shall beprima facie evidence of the facts therein stated.

[Part 3:89:1897; A 1907, 418; 1941, 92; 1931 NCL 4122]

NRS 517.370 Conveyancesof mining claims: Formalities; construction and proof of conveyances beforeDecember 12, 1862.

1. After December 12, 1862, conveyances of miningclaims shall require the same formalities and shall be subject to the samerules of construction as the transfers and conveyances of other real property.

2. All conveyances of mining claims made prior toDecember 12, 1862, by bills of sale or other instruments in writing, with orwithout seals, recorded or unrecorded, shall be construed in accordance withthe lawful local rules, regulations and customs of the miners in the severalmining districts of the Territory of Nevada; and if, prior to December 12,1862, regarded as valid and binding in such mining districts, shall have thesame force and effect between the parties thereto, as prima facie evidence ofsale, as if such conveyances had been made by deed under seal.

3. The location and transfers of mining claims madeprior to December 12, 1862, shall be established and proved in contestationbefore courts by the local rules, regulations and customs of the miners in theseveral mining districts of the Territory of Nevada in which such location andtransfers were made.

[1:14:1862; B 307; BH 2650; C 2720; RL 1100;NCL 1561] + [2:14:1862; B 308; BH 2651; C 2721; RL 1101; NCL 1562]+ [3:14:1862; B 308; BH 2652; C 2722; RL 1102; NCL 1563]

NRS 517.380 Validityof previous conveyances of mining claims or locations by minors more than 18years of age. In all cases in this state sinceJuly 1, 1867, where minors over the age of 18 years have sold interestsacquired by them in mining claims or locations within this state, by virtue oftheir having located such claims, or having been located therein by others, andhave executed deeds purporting to convey such interests, such deeds, ifotherwise sufficient in law, shall be held valid and sufficient to convey suchinterest fully and completely, notwithstanding the minority of the grantor, andwithout any power or right of subsequent revocation. This section does not applyto cases where any fraud was practiced upon such minor, or any undue orimproper advantage was taken by his purchaser or any other person to inducesuch minor to execute such deed.

[1:49:1869; B 317; BH 2653; C 2723; RL 1103;NCL 1564] + [2:49:1869; B 318; BH 2654; C 2724; RL 1104; NCL 1565](NRS A 1973, 1579)

SALES BY COUNTIES OF PATENTED MINING CLAIMS

NRS 517.390 Affidavitand petition to explore and develop mine or claim.

1. Whenever a patented mine or mining claim has becomethe property of a county through operation of the revenue laws of this state,any citizen of the United States may file with the board of countycommissioners of such county an affidavit and petition to explore and developthe mine or claim, provided the mine or claim has been the property of thecounty for less than 1 year, at the time of such filing.

2. The affidavit and petition shall state:

(a) That the petitioner is a citizen of the UnitedStates.

(b) That there is belonging to the county, as shown bythe official records thereof, a patented mine or mining claim, sufficientlyidentifying it, which has become the property of the county through operationof the revenue laws of this state.

(d) That it is the petitioners bona fide intention toexplore and develop the mine or claim.

[Part 1:44:1933; A 1935, 25; 1945, 351; 1943 NCL 4309](NRS A 1971, 76; 1989, 50)

NRS 517.400 Determinationof amount of taxes, penalties and costs. AfterMarch 7, 1947, the amount or sum for which a patented mine or mining claimbecame the property of the county is hereby defined to mean 1 years taxes,plus penalties and costs.

[Part 1(a):44:1933; added 1947, 46; 1943 NCL 4309.01](NRS A 1989, 50)

NRS 517.410 Permissionto explore and develop claim; limitations.

1. Upon receipt of an affidavit and petition asrequired by NRS 517.390, the board ofcounty commissioners, by an order appearing in its minutes, may give suchpetitioner permission to enter upon any such claim or claims and explore thesame for valuable minerals for a period of 6 months without any chargetherefor.

2. No ore or valuable mineral, in excess of 500pounds, shall be removed from any mining claim or claims until title theretoshall have been acquired by the petitioner as provided in NRS 517.420.

[Part 1:44:1933; A 1935, 25; 1945, 351; 1943 NCL 4309]

NRS 517.420 Executionof deed to convey title to petitioner; consideration and limitations;disposition of proceeds of sale.

1. At the expiration of 6 months, or sooner if thepetitioner so desires, the county treasurer shall make and execute a deedconveying the title of the county to such mine or claim to the petitioner forthe sum for which the property became the property of the county.

2. A deed shall not be executed for any less number ofmines or claims than the number named in the 6 months prospecting permitreferred to in NRS 517.410.

3. All money received from the sale of such patentedmines or mining claims must be credited to the countys general fund.

[Part 1:44:1933; A 1935, 25; 1945, 351; 1943 NCL 4309](NRS A 1965, 124; 1971, 76; 1989, 51)

NRS 517.430 Renewalof prospecting permits: Limitations and extensions.

1. No person or agent of any person shall be granted anew prospecting permit upon the same claims, or any of them, under theprovisions of NRS 517.390 to 517.430, inclusive:

(a) If such claims, or any of them, at the time of anysubsequent application, have been the property of the county for a year ormore.

(b) Until 30 days shall have elapsed between the dateof the termination of the former prospecting permit and the date of applicationfor a subsequent permit.

2. If at the time of the expiration of a prospectingperiod actual development work, by drilling or otherwise, is being carried on,then the board of county commissioners shall, upon application, grant an additional6 months prospecting period to the same applicant or applicants.

[Part 1:44:1933; A 1935, 25; 1945, 351; 1943 NCL 4309](NRS A 1971, 76)

NRS 517.450 Saleof mine or claim not subject to prospecting permit: Affidavit and petition.

1. Whenever a patented mine or mining claim has been,for a year or more, the property of a county through operation of the revenuelaws of this state and no prospecting permit granted under the provisions of NRS 517.410 or 517.430 is in force with respect to themine or claim, any citizen of the United States may file with the board ofcounty commissioners of the county an affidavit and petition to have the mineor claim advertised for sale to the highest bidder.

2. The affidavit and petition must state:

(a) That the petitioner is a citizen of the UnitedStates.

(b) That for the past year or more there has belongedto the county, as shown by the official records thereof, a patented mine ormining claim, sufficiently identifying it, which has become the property of thecounty through operation of the revenue laws of this state.

(c) That no prospecting permit granted under the provisionsof NRS 517.410 or 517.430 is in force with respect to themine or claim.

(d) The amount of the tax, penalties and costs, if any,for which the mine or claim became the property of the county.

(Added to NRS by 1971, 77; A 1989, 51)

NRS 517.460 Saleof mine or claim not subject to prospecting permit: Order for and notice ofsale; conveyance to purchaser; disposition of proceeds.

1. Upon receipt of an affidavit and petition asrequired by NRS 517.450, the board ofcounty commissioners, by an order appearing in its minutes, shall direct thecounty treasurer to sell the patented mine or mining claim described in theaffidavit and petition, after giving notice of the sale, for a total amount notless than the amount of the taxes, costs, penalties and interest legallychargeable against the mine or claim so stated in the order.

2. Notice of the sale must be posted in at least threepublic places, including one at the courthouse and one on each claim, for aperiod of not less than 20 days before the day of sale or, in lieu of suchposting, by publication of such notice for a like period in some newspaperpublished within the county, if the board of county commissioners by its orderso directs.

3. Upon compliance with the order the county treasurershall make, execute and deliver to any purchaser, upon payment to him of aconsideration not less than that specified in the order, a deed conveying thetitle of the county to the mine or claim.

4. All moneys received from the sale of such patentedmines or mining claims must be credited to the countys general fund.

(Added to NRS by 1971, 77; A 1989, 51)

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