Mining

Amended Location

A recorded change to a mining claim's notice or certificate of location that corrects defects, fixes the description, repositions lode side lines, or reduces its size, relating back to the original location date.

Detailed Definition

An amended location is a change to a mining claim's recorded notice or certificate of location. BLM's regulations define amendment as "the act of making a change in a previously recorded mining claim or site as described in § 3833.21 of this chapter" (43 CFR 3830.5). BLM's brochure "Mining Claims and Sites on Federal Lands" says an amended location notice "is necessary to show changes in the description of a claim or site but cannot be used for a transfer of ownership."

When an amendment is allowed (43 CFR 3833.21(a))

BLM must recognize the original location as a properly recorded and maintained mining claim or site, and the amendment must do one of these:

  • Correct or clarify omissions or other defects in the original notice or certificate
  • Correct the legal land description or the mining claim name, or accurately describe the position of discovery or boundary monuments
  • Reposition the side lines of a lode claim so they are parallel to the discovered lode, ledge, or vein, "if there are no intervening rights to the land"
  • Reduce the size of the mining claim or site

BLM's regulations also direct claimants to an amended notice to correct a location that exceeds the size limits (43 CFR 3832.91(a)).

What an amendment cannot do (43 CFR 3833.21(b))

  • Transfer any interest or add owners
  • Relocate or re-establish mining claims that were forfeited or declared void
  • Change the type of claim or site
  • Enlarge the mining claim or site

After land is closed to mineral entry, the legal description may be amended only to reduce the size, correct defects or omissions, correct the description or name, or describe monuments accurately (43 CFR 3833.21(c)).

Recording and effect (43 CFR 3833.22)

  • Record the amended notice or certificate in the county under state law, then with BLM "within 90 days after you record the amended notice or certificate in the local recording office." BLM "will not recognize any amendment to your mining claim until you file it properly."
  • Pay the processing fee for each mining claim or site amended.
  • "An amended location notice or certificate relates back to the original location date." The amendment takes effect when recorded locally under state law.

The BLM brochure adds that when BLM requires an amendment, it must be filed within 30 days after receipt of BLM's notice.

State law

State codes set their own grounds. Alaska calls for an amended certificate "whenever monuments are changed or an error is made in the notice or in the certificate of location" (AS 27.10.070).

Why it matters in mining claim research

Because an amendment relates back, the amended description is tied to the original location date. Research compares the original and amended descriptions and recording dates, and checks that the change fits an allowed category, since BLM's rules do not permit an amendment that enlarges a mining claim or changes its type.