Mining Claim Staking
The process of locating a mining claim on the ground under state law and recording it with the county and BLM within 90 days of the date of location.
Detailed Definition
Mining claim staking is the process of locating a mining claim on the ground and recording it. Two bodies of law apply at once. State law governs how the claim is marked and what is filed with the county. Federal law governs what is filed with the Bureau of Land Management and when. The federal regulations require a claimant to follow both (43 CFR 3832.11).
Before going to the field
The first question is whether the land is open to location at all. A mining claim located on land that is closed to mineral entry gains nothing from being carefully marked. Checking land status and existing mining claims before staking is what prevents a location on closed ground or on top of a senior mining claim.
Steps in staking a mining claim
- Confirm the land is open to mineral entry and identify any existing mining claims on it.
- Choose the type of location. Minerals in veins or rock in place are located as lode claims. Minerals not in their original place are located as placer claims.
- Lay out the claim within the federal size limits: 1,500 by 600 feet for a lode claim, and 20 acres for an individual placer claim.
- Mark the claim on the ground and post the notice as the law of that state requires.
- Record the notice or certificate of location with the local recording office.
- Record a copy with the BLM state office and pay the fees, by the 90th day after the date of location.
What the notice of location must contain
Under 43 CFR 3833.11, the document recorded with BLM must give the name or number of the claim, the names and mailing addresses of the locators, the type of claim, the date of location, and a description of the land.
The 90-day deadline
A mining claim that is not recorded with BLM and the local recording office by the 90th day after the date of location is abandoned and void by operation of law (43 CFR 3833.1). Failing to pay the location fee or the initial maintenance fee within the same 90 days is also a defect that cannot be cured (43 CFR 3833.91).
Fees due at recording
For a mining claim located on or after 9/1/2024, BLM collects a one-time $49 location fee and an initial $200 maintenance fee, plus a processing fee that is revised each October 1. For fiscal year 2026 the processing fee for a notice of location is $25, which makes $274 for each lode claim, mill site, or tunnel site. A placer claim pays $200 of maintenance fee for each 20 acres or portion.
Where staking goes wrong
- The ground was closed to mineral entry on the date of location.
- The claim overlaps a senior mining claim that was already of record.
- The description in the notice does not match the monuments on the ground.
- The county filing and the BLM filing describe the claim differently.
- A deadline was counted from the wrong date.
Each of these is a records problem before it is a field problem, which is why the research comes first.
Related Terms
Mining Claim
A parcel of federal land on which a claimant asserts the right to possess and develop a valuable mineral deposit under the Mining Law of 1872.
Lode Claim
A mining claim for minerals that occur in veins, lodes, ledges, or other rock in place, limited to 1,500 feet along the vein by 600 feet wide.
Placer Claim
A mining claim for minerals that are not in their original place, such as gold-bearing sand and gravel, limited to 20 acres per locator and 160 acres for an association.
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.
Stake
To mark the boundaries of a mining claim on the ground with posts or monuments, as federal law and the law of the state where the mining claim lies require.
Paper
Field shorthand for posting the location notice on a mining claim, the step that pairs with staking its boundaries.
Corner Monument
A post, stone, or other marker a locator sets at a corner of a mining claim to mark its boundary on the ground. Federal law requires the marking; state law sets the monuments.
Witness Monument
A monument set near a mining claim corner that cannot be marked in its true position because the ground is impracticable or dangerous, marked to show where the true corner lies. Allowed in some states and not others.
Discovery Monument
The monument a locator sets at the point of discovery on a mining claim, usually carrying the posted location notice. Some states put the notice at a corner or on a location monument instead.
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.
Staking Package
The set of maps, location notices, monument lists, and recording documents prepared before fieldwork so mining claims can be staked, posted, and recorded correctly and on time.
Locator
The person who locates a mining claim or site by staking it, posting the notice, and recording it, and who is named in the location notice. Ownership may later pass to others.