Open to Entry

Land is open to entry, or "open to mineral entry," when mining claims and sites can be located on it. BLM's regulations define the term: "Open to mineral entry means that the land is open to the location of mining claims or sites under the General Mining Law" (43 CFR 3830.5).

Where it comes from

The Mining Law provides that, "Except as otherwise provided, all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, shall be free and open to exploration and purchase" (30 U.S.C. 22). The main exceptions are withdrawals and segregations.

Closed to mineral entry

The opposite is defined too. Land is closed when it "is not available for the location of mining claims or sites because Congress, the President, the Secretary, or another surface managing agency has withdrawn or otherwise segregated the lands from operation of the General Mining Law" (43 CFR 3830.5).

BLM's brochure "Mining Claims and Sites on Federal Lands" lists areas withdrawn from mineral entry, including:

• National parks and national monuments
• American Indian reservations
• Most Bureau of Reclamation projects, and military reservations
• Most wildlife protection areas, such as national wildlife refuges
• Lands withdrawn under FLPMA section 204
• National Wilderness Preservation System lands, wild portions of wild and scenic rivers, and rivers withdrawn by Congress for study

The brochure adds that lands withdrawn for power development "are subject to mining location and entry only under certain conditions," and that Stock Raising Homestead Act lands are open to location only under special procedures (43 CFR 3838).

Where mining claims can be located

BLM's page on locating a mining claim says "There are Federally-administered lands in 19 states where you may locate a mining claim or site": Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Louisiana, Mississippi, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. The brochure says BLM "is responsible for the subsurface minerals on both its public lands and National Forest System lands."

Timing

Status is judged at the moment of location. A mining claim located on land closed to mineral entry at that time is forfeited (43 CFR 3830.91(b)), and the defect cannot be cured (43 CFR 3833.91(c)). Closed land "may not be appropriated under the mining laws prior to the date and time of restoration and opening" (43 CFR 2091.1(b)), and that date and time is set by an opening order published in the Federal Register (43 CFR 2091.0-5(g)).

Checking status

The BLM brochure says "it is the claimant's responsibility to determine if there are prior existing mining claims on the ground and if the land is open to mineral location," and points to master title plats, mining claim records, and BLM's Mineral and Land Records System (MLRS).

Why it matters in mining claim research

Every mining claim's validity starts with the status of the land on its date of location. Research compares that date against the withdrawals, segregations, and opening orders noted on the master title plat and in BLM's records, one township at a time.