Valid Existing Rights
Mining claims that were properly located before a withdrawal or other restriction took effect and meet all requirements of the mining law.
Detailed Definition
Valid existing rights (VER) refers to mining claims or other interests that were properly established before a withdrawal, reservation, or other land use restriction took effect. Claims with valid existing rights are generally protected from the effects of the subsequent restriction.
Requirements for VER: - The mining claim must have been located before the withdrawal or restriction date - A valid discovery of a valuable mineral deposit must have existed at the time of the withdrawal - All requirements of the mining law must have been met (proper staking, filing, and maintenance) - The claim must have been continuously maintained since location
When VER applies: - Congressional withdrawals of public lands - Administrative withdrawals by the Secretary of the Interior - Establishment of national monuments, wilderness areas, or other reservations - Land use planning decisions restricting mineral entry
Determination process: - BLM conducts mineral examinations to verify validity - Claimant bears the burden of proving a valid discovery - Must demonstrate the Prudent Person Test is satisfied - Economic viability may be evaluated under the Marketability Test
Significance: Valid existing rights are a critical concept for mining claims on lands that have been withdrawn from mineral entry. Without VER, a mining claim on withdrawn land may be declared null and void.
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.
BLM
The Bureau of Land Management, the federal agency that administers public lands including mining claim filings and maintenance.
Discovery
The finding of a valuable mineral deposit within the boundaries of a mining claim, required to establish a valid claim.
Withdrawal
An action by the federal government that removes public lands from availability for mining claim location or other forms of entry.