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.
Detailed Definition
A mining claim is 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. The claimant holds a possessory right to the minerals. Title to the land stays with the United States unless the claim was patented.
Locating a mining claim is governed by both federal and state law. The federal rules are in 43 CFR parts 3830 through 3839, and they say plainly that a claimant "must follow both state and Federal law" (43 CFR 3832.11).
Types of mining claims and sites
- Lode claim: for minerals in veins, lodes, ledges, or other rock in place. A lode claim may not exceed 1,500 feet along the vein and 300 feet on each side of its centerline (43 CFR 3832.22).
- Placer claim: for minerals that are not in their original place, such as gold-bearing sands and gravels, and for certain bedded deposits. An individual placer claim may not exceed 20 acres. An association placer claim may not exceed 160 acres and needs at least eight co-locators to reach that size.
- Mill site: up to 5 acres of land used or occupied in support of mining operations (43 CFR 3832.32).
- Tunnel site: a site for a tunnel run to explore for or reach veins, up to 3,000 feet in length.
What makes a mining claim valid
A lode or placer claim "is not valid until you make a discovery within the boundaries of the claim" (43 CFR 3832.11). Discovery means the claimant has found a valuable mineral deposit. Recording a claim and paying its fees does not make a claim valid if it is not otherwise valid under the law (43 CFR 3833.1).
Recording and annual requirements
- Record the notice or certificate of location with the BLM state office and the local recording office by the 90th day after the date of location. A claim not recorded in time is abandoned and void by operation of law (43 CFR 3833.1).
- Pay the annual maintenance fee on or before September 1 each year, or qualify for the small miner waiver and perform assessment work.
- Missing the September 1 payment, or the December 30 filing where one is required, forfeits the claim (43 CFR 3835.91 and 3835.92).
What a mining claim does not give you
An unpatented mining claim is not ownership of the land. It can be lost through a missed filing, and it can be invalid from the start if the land was not open to mineral entry on the date of location.
Researching a mining claim
Sound research on a mining claim reads the BLM case record and the county record together, because the two are filed separately and do not always agree. The questions that matter are the date of location, whether the land was open to location on that date, whether every annual payment and filing was made on time, and whether a senior mining claim covers the same ground.
Related Terms
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.
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.
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.
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.
Mineral Entry
The appropriation of federal land under the mining laws, by locating mining claims on land open to mineral entry and, historically, by entry for a mineral patent.
Claim Block
A group of contiguous mining claims held by the same owner or group of owners, usually laid out to cover one mineral deposit and the ground needed to work it.
Federal Lands
Lands owned by the United States. For mining claims, BLM's rules define federal lands as land owned by the United States and subject to location under the General Mining Law.
Active Claim
A mining claim that BLM's Mineral & Land Records System (MLRS) shows with the case disposition Active, defined as adjudicated and accepted.
Claimant
The owner of all or part of an unpatented mining claim or site under federal law, who may be someone other than the original locator.