Unpatented Claim
A mining claim that has not been converted to private ownership; the federal government retains title to the land.
Detailed Definition
An unpatented mining claim is a claim where the federal government retains ownership of the land, but the claimant has established rights to explore for and extract minerals. This is the most common type of mining claim today.
Characteristics of unpatented claims: - Federal government retains land title - Claimant has possessory rights only - Subject to annual maintenance requirements - Can be abandoned, forfeited, or declared void - Do not include surface or timber rights
Maintaining unpatented claims: Claimants must annually either: - Pay maintenance fees to the BLM ($200/claim for 2025) - Perform and file assessment work ($100 worth of improvements) - File a small miner waiver (if qualifying)
Rights provided: - Exclusive right to mineral deposits within claim - Right to occupy land for mining purposes - Right to extract and sell minerals - Right to reasonable access
Since the patent moratorium of 1994, virtually all new mining claims remain unpatented.
Related Terms
Mining Claim
A parcel of land for which a claimant has asserted a right of possession and the right to develop and extract mineral resources.
Patented Claim
A mining claim that has been converted to private ownership through the federal patent process.
Maintenance Fee
The annual fee paid to the BLM to maintain an unpatented mining claim, currently $200 per claim (2025).