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.
Detailed Definition
A staking package is a working term for the documents and maps prepared before mining claims are staked, so the field crew and the filings match. Its contents follow from what federal law and the law of the state require.
1. Land status check
A locator must "make certain that the land on which you are locating the claim or site is Federal land that is open to mineral entry" (43 CFR 3832.11(c)(1)). BLM's "Staking a Claim" page adds: "Prior to locating a claim, a prospector should check BLM records for prior recorded claims." The package records what was checked: master title plats, BLM mining claim records, and county records.
2. Claim layout
Each mining claim must fit the size limits: a lode claim "must not exceed 1,500 by 600 feet," an individual placer claim "may not exceed 20 acres" (43 CFR 3832.22). Placer claims on surveyed land must "conform as near as practicable with the United States system of public-land surveys" (30 U.S.C. 35).
3. Descriptions and maps
BLM filings must describe the land "by state, meridian, township, range, section and by aliquot part to the quarter section," with a USGS topographic map or a narrative or sketch tied to "a natural object, permanent monument or topographic, hydrographic, or man-made feature." Lode claims are described "by metes and bounds beginning at the discovery point" (43 CFR 3832.12). A locator is "not required to employ a professional surveyor or engineer."
4. Location notices
One per mining claim, with the contents both BLM and the state require (43 CFR 3832.11(c)(3), 3833.11(b)). State extras vary. Idaho requires an affidavit by one locator "on or attached to the notice" (Idaho Code 47-611). Montana requires a verified certificate (MCA 82-2-102). New Mexico requires a map, narrative, or sketch no larger than 8.5 by 14 inches (NMSA 69-3-1(C)).
5. Monument list
Each corner and discovery or location monument, with the state's specification. Arizona requires six posts or monuments for a lode claim (A.R.S. 27-204); New Mexico, four (NMSA 69-3-1(A)). See Stake.
6. Recording set and calendar
- County: Utah within 30 days after posting (Utah Code 40-1-4); Montana and Oregon within 60 days (MCA 82-2-102; ORS 517.030); Colorado placer within 30 days from discovery (C.R.S. 34-43-112); Arizona, Idaho, Nevada, New Mexico, and Wyoming within 90 days
- BLM: a copy of the recorded notice "by the 90th day after the date of location" (43 CFR 3833.11(a)), with the processing fee, the $49 location fee, and the $200 initial maintenance fee per lode claim or per 20 acres of placer claim
Missing the BLM deadline or the fees leaves a mining claim "abandoned and void by operation of law" (43 CFR 3833.1(a)).
Why it matters in mining claim research
A mining claim's record is only as good as its staking. When the notices, maps, and monuments were prepared together, the county record, the BLM filing, and the stakes on the ground describe the same ground. See also Location Notice, Paper, Claim Block, and County Recording.
Related Terms
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.
Location Notice
The notice a locator posts on a mining claim and records with the county and BLM, giving the locators, the date of location, and a description of the ground claimed.
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.
Corner Monument
A post, stone, or other marker a locator sets at a corner of a mining claim to mark its boundary on the ground. Federal law requires the marking; state law sets the monuments.
Discovery Monument
The monument a locator sets at the point of discovery on a mining claim, usually carrying the posted location notice. Some states put the notice at a corner or on a location monument instead.
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.
Locator
The person who locates a mining claim or site by staking it, posting the notice, and recording it, and who is named in the location notice. Ownership may later pass to others.