Transfer

A transfer is a conveyance of ownership in an unpatented mining claim or site. BLM's regulations define a transfer of interest as "a sale, assignment, transfer through inheritance, or conveyance of total or partial ownership or legal interest in a mining claim or site" (43 CFR 3833.31).

State law governs the transfer itself

"State law governs transferring mining claims or sites. A transfer is effective in the manner and on the date provided by state law, not the date you file it with BLM" (43 CFR 3833.32(a)). BLM's brochure "Mining Claims and Sites on Federal Lands" says "Generally, a quitclaim deed or other type of recordable conveyance document (this is governed by state law) is needed for this transfer of legal interest," and that transfer documents "must be filed with the proper county and BLM state office."

What BLM requires (43 CFR 3833.32(b)-(c))

• A notice of transfer filed in the BLM State Office
• The mining claim name and, if available, the serial number assigned when the notice or certificate of location was first recorded
• The transferee's name and current mailing address
• A copy of the legal instrument used to transfer the interest under state law
• The full processing fee, paid by each transferee for each mining claim or site transferred

A transfer cannot be made by amending the location. An amendment may not be used to "Transfer any interest or add owners" (43 CFR 3833.21(b)(1)).

If the transfer is not filed with BLM

Even if the transfer is recorded in the county, BLM "will not recognize the interest you acquire, or send you notice of any BLM action, decision, or contest," until it is filed. "The Department will treat the last owner of record as the responsible party for maintaining the mining claim or site until you file a transfer notice" (43 CFR 3833.92). BLM gives notice to "the claimant of record with BLM," and notice sent there is proper notice (43 CFR 3833.32(d)).

Special cases

• Mining claims under a small miner waiver. A new owner who does not qualify for the waiver "must pay the annual maintenance fee by the September 1 following the date the transfer became effective under state law" (43 CFR 3835.20(b)).

What stays the same

A transfer conveys an existing mining claim. The notice of transfer identifies it by the serial number assigned when the notice or certificate of location was first recorded (43 CFR 3833.32(b)(1)), so the BLM case continues under that number.

Why it matters in mining claim research

Ownership has to be traced in two places. The county records hold the deeds that are effective under state law. BLM's record shows only the claimant of record, who may be an earlier owner if a transfer was never filed. Research builds the chain from the county index and compares it with BLM's claimant list for each mining claim, flagging gaps and unfiled conveyances.