Unpatented Mining Claim
A mining claim on federal land for which no patent has been issued. The claimant holds a possessory right to the minerals and the United States keeps title to the land.
Detailed Definition
An unpatented mining claim is a mining claim on federal land for which no patent has been issued. The claimant holds a possessory right to develop the mineral deposit, and the United States keeps title to the land. Nearly every mining claim a researcher meets today is unpatented, because BLM has not accepted new mineral patent applications since a moratorium took effect on 10/1/1994.
What the claimant holds
- The right to possess the claim and develop the mineral deposit within it
- An interest that can be sold, assigned, inherited, or conveyed under state law. The new holder files a notice of the transfer with BLM, and until it is filed BLM treats the last owner of record as responsible for the mining claim (43 CFR 3833.32 and 3833.92).
What the claimant does not hold
- Title to the land
- A claim that is valid merely because it is recorded. Validity depends on the discovery of a valuable mineral deposit (43 CFR 3832.11).
Keeping an unpatented mining claim in good standing
Each year the claimant must do one of two things.
- Pay the annual maintenance fee on or before September 1. The fee is $200 for a lode claim, mill site, or tunnel site, and $200 for each 20 acres or portion of a placer claim (43 CFR 3830.21).
- Qualify for the small miner waiver. It is limited to a claimant who, together with all related parties, holds no more than 10 mining claims and sites nationwide. A small miner files the waiver certification by September 1, performs at least $100 of assessment work on each claim, and files an affidavit of assessment work by December 30.
How an unpatented mining claim is lost
- The notice of location was not recorded with BLM and the local recording office by the 90th day after location. The claim is abandoned and void by operation of law (43 CFR 3833.1).
- The maintenance fee was not paid and no qualified waiver was filed by September 1. The claim is forfeited (43 CFR 3835.92).
- A claimant under a waiver did not file the annual document by December 30. The claim is forfeited (43 CFR 3835.91).
Why an active status is not the whole answer
A mining claim shown as active in the BLM record has met its filing and payment requirements. That is different from being valid. Research on an unpatented mining claim also asks whether the land was open to location on the date the claim was located, and whether an earlier mining claim covers the same ground.
Related Terms
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.
Patented Mining Claim
A mining claim for which the United States issued a mineral patent, passing title from the federal government into private ownership.
Mining Claim Maintenance Fee
The annual fee paid to BLM to hold an unpatented mining claim or site: $200 per lode claim, mill site, or tunnel site, and $200 per 20 acres of placer claim, due by September 1.
Small Miner Exemption
A waiver of the annual BLM maintenance fee for a claimant who, with all related parties, holds 10 or fewer mining claims and sites and performs annual assessment work instead.
Annual Filing
The yearly payment or documents required to hold an unpatented mining claim: the maintenance fee or a waiver by September 1, and in some cases an annual FLPMA document by December 30.