Open to Entry
Public lands that are available for the location of mining claims under the Mining Law of 1872.
Detailed Definition
"Open to entry" refers to public lands that are available for the location of mining claims under the General Mining Law of 1872. Only lands that are open to mineral entry can be validly claimed for mineral exploration and development.
Lands generally open to entry: - Unreserved, unappropriated public domain lands managed by BLM - National Forest System lands (administered by USFS, but open to mining claims) - Other public lands not subject to withdrawal or reservation
Lands generally NOT open to entry: - National parks and monuments - Military reservations - Indian reservations (subject to tribal minerals management) - Wilderness areas (subject to specific restrictions) - Withdrawn lands (legislative or administrative) - Lands covered by valid existing claims
How to determine if land is open: - Check BLM LR2000 records for withdrawals and segregations - Review BLM Master Title Plats (MTPs) - Consult Resource Management Plans (RMPs) - Check for pending withdrawals or segregations - Verify with the applicable BLM state office
Significance: Mining claims located on lands not open to entry are void ab initio (void from the beginning) and confer no rights. Verifying that land is open to mineral entry is an essential first step before locating any mining claim.
Related Terms
Mining Claim
A parcel of land for which a claimant has asserted a right of possession and the right to develop and extract mineral resources.
BLM
The Bureau of Land Management, the federal agency that administers public lands including mining claim filings and maintenance.
Withdrawal
An action by the federal government that removes public lands from availability for mining claim location or other forms of entry.
Segregation
The temporary withholding of public lands from appropriation under public land laws, typically pending a final decision on a proposed withdrawal.