TITLE 47

MINES AND MINING

CHAPTER 7

MINERAL RIGHTS IN STATE LANDS

47-703.  Exploration locations on state lands. (1) Location for exploration purposes may be made upon lands belonging to the state of Idaho in which the mineral rights are reserved or belong to the state, including the beds of all navigable rivers in the state of Idaho and all portions of said navigable rivers between the natural or ordinary high water marks, providing that no exploration location may be made on any lands for which a mineral lease application has been made and is pending as provided in section 47-704, Idaho Code; providing further, that no exploration location may be made for salable minerals as that term is used in section 47-701, Idaho Code.

(2)  Such locations when made upon surveyed land shall conform to legal subdivisions. When made upon the beds of navigable rivers, they shall not exceed one-half (1/2) river mile. When made on surveyed land, they shall not exceed twenty (20) acres except that when made upon surveyed land designated as a lot, they may equal one-half (1/2) of said lot. Descriptions of locations made on the beds of navigable rivers, the boundaries of which shall have been meandered, shall be described as near as may be with the lotting of the fractional subdivisions bordering upon the navigable rivers, and the description of the location shall be so accurately drawn and tied to the government corners that the ground may be accurately located and so described that the location may be accurately platted upon the books of the state board of land commissioners.

(3)  The discoverer of a mineral deposit or a person desiring to prospect for mineral shall immediately post conspicuously on each twenty (20) acre tract or fraction thereof, or each one-half (1/2) river mile that he desires to locate, an exploration certificate of location declaring that he has made such discovery or declaring that he desires to prospect for mineral, together with the date of such discovery or declaration. Said certificate shall be in such form as the board may prescribe. The locator shall be allowed twenty (20) days from such date to file an exact copy of exploration certificate of location with the state board of land commissioners and pay the appropriate fees. Said certificate shall designate the legal subdivisions located and shall be recorded in the office of said board as of the date of filing, and an entry of such location shall be made upon the plat and tract books.

(4)  The locator shall be entitled to hold said location for a period of two (2) years from the first of the month following the date of recording and by performing one hundred dollars ($100) worth of work during each year for each location.

(5)  Work within the meaning of this chapter shall consist of tunnels, shafts, or other mining excavations or development, including drilling by conventional methods and pits or shafts sunk to determine the value of the gravels. Work shall include roads, trails, buildings, machinery, or other surface improvement. All such work may be done at one (1) place on the location or at as many places as the locator may desire, and in case two (2) or more locations are under the same ownership, then said work may be performed on any one (1) or more locations. Work so performed as annual assessment, where performed for the benefit of a group contiguous and under common ownership, shall be such that it shall be of material benefit to each and every location forming the contiguous group.

(6)  Written proof that such work has been done shall be filed with the state board of land commissioners on such forms and in such manner as it shall prescribe. Such procedure shall empower the locator to retain possession of and prospect said location for a period of two (2) years, at the end of which time he shall be required to take a lease upon such terms as may be agreed upon by the state board of land commissioners. Provided, that the right granted under this section to prospect for mineral and to make locations shall not extend to lands in the possession of a purchaser under contract of sale from the state.

History:

[(47-703) added 1923, ch. 96, sec. 3, p. 115; am. 1925, ch. 220, sec. 2, p. 404; am. 1933, ch. 107, sec. 1, p. 169; am. 1937, ch. 124, sec. 1, p. 185; am. 1951, ch. 72, sec. 1, p. 112; am. 1981, ch. 325, sec. 3, p. 677; am. 1990, ch. 316, sec. 1, p. 861; am. 2020, ch. 341, sec. 1, p. 998.]