Claims Research
Finding and reading the records of the mining claims on a tract, from BLM and the county, to learn what is claimed, by whom, and whether the filings were made on time.
Detailed Definition
Claims research is the work of finding and reading the records of the mining claims on a tract of land. It answers what is claimed, by whom, since when, and whether the mining claims were located and kept up as the law requires.
Where the records are
Federal law requires every mining claim to be recorded in two places: FLPMA "requires you to record all mining claims and sites with BLM and the local recording office" (43 CFR 3833.1).
- BLM. The official case file for each mining claim is held by the BLM State Office with jurisdiction. MLRS is BLM's online system for mining claim cases; BLM's brochure "Mining Claims and Sites on Federal Lands" notes that "the mining claim records from LR2000 have been migrated to MLRS."
- The county. State law requires the notice or certificate of location to be recorded "in the county recorder's office, county clerk's office, or borough office" (BLM brochure). The same office records "all legal documents including, but not limited to, deeds and wills" (43 CFR 3830.5).
- Federal land records. The brochure lists "land status plats (i.e., master title plats or MTPs), land survey notes and maps, mineral survey notes and maps, historical indexes, and the BLM Control Document Index." BLM's General Land Office Records site holds "images of more than five million federal land title records issued since 1820" and master title plats (BLM Land Records).
Questions the research answers
- What mining claims cover the tract? Both active and closed, since closed mining claims explain gaps and past interest
- Who is the claimant of record? The claimant "may be someone other than the person who originally located the claim or site" (43 CFR 3830.5), and BLM does not recognize a transfer until it is filed with BLM (43 CFR 3833.92)
- Were the filings on time? County recording within the state's deadline, and BLM filing with fees within 90 days of location
- Was the land open? Checked against master title plats and withdrawal dates as of the date of location
- Are the fees current? The annual maintenance fee is due on or before September 1
What the records do not prove
BLM's regulations are explicit: recording a mining claim or paying fees "does not make a claim or site valid if it not otherwise valid under applicable law" (43 CFR 3833.1(b)). The records show that the steps were taken. Discovery and the staked boundaries are facts on the ground; MLRS maps mining claims only to the quarter section, and the staked boundaries are in the notice and maps in the case file.
Why it matters in mining claim research
Every later step, from overlap analysis to an acquisition, rests on a complete list of mining claims and a correct reading of each file. See also Claims Intelligence, Overlap Analysis, County Recording, and BLM Serial Number.
Related Terms
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.
Seniority
The ranking of rival interests in the same ground, the earlier ahead of the later. Federal law ties some mining claim rights to dates, but BLM leaves disputes over possession to the courts.
Claim Density
The number of mining claims in a unit of area, such as a section or township, used to see where ground is being held and how that changes over time.
Area of Interest
The boundary drawn around the ground being researched, such as a list of townships and sections or a mapped polygon, that sets which records are pulled.
MRDS
The Mineral Resources Data System, a USGS database of reports on mines, prospects, and mineral occurrences, most complete for the United States, no longer systematically updated.
Claims Intelligence
Tracking BLM mining claim records over time to see who holds ground in an area, how their positions change, and what those changes suggest.
Claim Conflict
An overlap or competing interest between a mining claim and another mining claim or site, a patent, a lease, or a withdrawal on the same ground.
Overlap Analysis
Comparing the boundaries of mining claims with each other and with withdrawals and land status to find where they coincide, then checking the records to see which overlaps are real.