County Recording
Recording a mining claim's location notice or certificate, and later documents, in the local recording office of the county or borough where the mining claim lies, as state law requires.
Detailed Definition
County recording is the filing of mining claim documents in the local recording office where the mining claim lies. Federal law requires recording in two places: FLPMA "requires you to record all mining claims and sites with BLM and the local recording office" (43 CFR 3833.1).
The local recording office
BLM's regulations define it as "the county or state government office established under state law where you are usually required to record all legal documents including, but not limited to, deeds and wills" (43 CFR 3830.5). BLM's brochure "Mining Claims and Sites on Federal Lands" says state laws require filing "in the county recorder's office, county clerk's office, or borough office," and "The proper county or borough is the one in which the claim or site is located."
State deadlines for the location certificate
The brochure says "The maximum period is 90 days from the staking of a claim or site on the ground," but some states require earlier filing. State codes set different starting points:
- Montana: within 60 days after posting the notice (MCA 82-2-102)
- Oregon: within 60 days from posting (ORS 517.030; placer, 517.052)
- Colorado: lode claims within three months "from the date of discovery"; placer claims within 30 days of discovery (C.R.S. 34-43-103, 34-43-112)
- Washington: lode claims within 90 days "from the date of discovery"; placer claims within 30 days of discovery (RCW 78.08.050, 78.08.100)
- Wyoming: "within ninety (90) days from the date of discovery" (W.S. 30-1-101(a))
- Nevada: certificate "within 90 days after the date of location," with a map filed within 90 days after posting (NRS 517.050, 517.040)
Where state law has no recording requirement, "(as in Arkansas), you still must record a document with BLM and the local recording office" (43 CFR 3833.11(a)).
What else is recorded in the county
- Affidavits of assessment work and notices of intent to hold. FLPMA requires them to be filed "in the office where the location notice or certificate is recorded" (43 U.S.C. 1744(a)(1)). The brochure says "Most states require filing within 30 to 90 days after the end of the assessment year (September 1)."
- Transfers and amendments, which the brochure says "must be filed with the proper county and BLM state office."
If it is missed
A mining claim 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(a)).
Why it matters in mining claim research
The county holds documents BLM may not have, and state law, not BLM filing, decides when a transfer takes effect (43 CFR 3833.32(a)). Research compares county and BLM records for each mining claim, checks each recording date against the state deadline and its starting point, and reads the county index for deeds and affidavits the BLM file never received.
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.
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.
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.
Certificate of Location
The document recorded in the county and filed with BLM to establish a mining claim. Some states call it a certificate and require it in addition to the notice posted on the ground.
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.
Transfer
A sale, assignment, inheritance, or other conveyance of all or part of the interest in an unpatented mining claim, effective under state law and filed with BLM and the county.