Mining

Land Status

The legal condition of a tract of federal land: ownership of surface and minerals, withdrawals, segregations, reservations, and the rights already attached to it.

Detailed Definition

Land status is the legal condition of a tract of federal land: who owns the surface and minerals, which withdrawals, reservations, or segregations apply, and what rights already attach to it. BLM's Glossary of Surveying and Mapping Terms defines the status of public lands as "The information with respect to any particular parcel or tract of public land; its legal description; whether surveyed or unsurveyed; the non-federal rights or privileges, if any; which attach to it or its resources; whether classified as mineral lands; withdrawals or special laws, if any, which apply to it; and any other pertinent information which may influence the operation of the public-land laws so far as its use or disposal is concerned."

Where it is recorded

BLM's regulations name the public land records as "the Tract Books, Master Title Plats and Historical Indices maintained by the Bureau of Land Management," which may record "withdrawals, restorations, reservations, openings, classifications applications, segregations, leases, permits and disposals" (43 CFR 2091.0-5(e)).

  • The master title plat is "A composite of the survey plats of a township on which is shown the ownership and land status" (BLM glossary). BLM's land records page calls it "a mapping of current land status for a specified township," available through the General Land Office Records website.
  • BLM's brochure "Mining Claims and Sites on Federal Lands" adds survey notes and maps, mineral survey notes and maps, historical indexes, and the Control Document Index, which is "organized by legal land description only."
  • Mining claim records are in BLM's Mineral & Land Records System (MLRS).

What counts

BLM Handbook H-3890-3, Validity Mineral Reports, describes land status data as "the legal description of the lands involved and land classification issues such as withdrawals, encumbrances, and special acts of Congress." Its list of encumbrances includes private surface, mineral leases, material sites and community pits, rights-of-way and easements, and areas of critical environmental concern.

How BLM checks it for a mining claim

An MLRS help article explains: "A 'land status checked' entry on a claim/site indicates that an adjudicator has verified that the land where the claim or site is located was open to mineral location and entry at the time of location." Mining claims migrated from LR2000 without that entry were set to "Filed." After review, a mining claim "may be set to 'Active', OR it may be set to 'Closed' if your claim/site is on lands not open to mineral location."

Status is dated

The test is status "at the time you locate it" (43 CFR 3830.91(b)). Status changes by order, segregation, patent, or opening, so the record is a history, not a snapshot. See Withdrawal, Segregation, and Open to Entry.

Why it matters in mining claim research

Every mining claim is measured against the land status on its date of location. Research reads the master title plat and historical index for the township, lists every action with its date, and compares those dates with the location dates of the mining claims on the ground.