Mining

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.