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FREE
CLAIMSPROSPECTOR
NEWSLETTER
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Questions:
WHO MAY LOCATE A MINING CLAIM?
Any citizen of the United States, a minor who has reached the age of discretion,
a corporation, and non-citizens (aliens) who have declared their intention to become
a citizen. (43 CFR 3832.1)
WHERE CAN I LOCATE A MINING CLAIM?
A mining claim can be located on federal lands (BLM and Forest Service) that are
open to mineral location (entry). If you have a specific location site in mind,
you may verify that the lands are open to mineral entry. This can be accomplished
by checking with the BLM State Office Information Access Center (Public Room), who
will assist you in determining if the lands are open to mineral entry by checking
master title plats, records, files and other pertinent information.
WHAT TYPES OF CLAIMS/SITES ARE THERE?
Lode - A classic vein, ledge, or other rock in place between definite walls. A lode
claim is located by metes and bounds. The maximum length is 1,500 feet by 600 feet.
(43 CFR 3841)
Placer - All deposits, other than lodes. These include placer deposits of sand and
gravel containing free gold and other minerals. Placer claims are located by legal
subdivision. An individual may locate up to 20 acres with a maximum of 160 contiguous
acres with 8 or more people (an association). A corporation is consider a single
locator. (43 CFR 3842)
Tunnel Site - A tunnel site is where a tunnel is run to develop a vein or lode.
It may also be used for the discovery of unknown veins or lodes. To stake a tunnel
site, two stakes are placed up to 3,000 feet apart on the line of the proposed tunnel.
Recordation is the same as a lode claim. A Tunnel Site can be regarded more as
a right-a-way, than a mining claim. (43 CFR 3843)
Mill Site - Public lands which are non-mineral in character. Mill Sites may be located
in connection with a placer or lode claim for mining and milling purposes or as an
independent/custom mill site that is independent of a mining claim. Mill Sites are
located by metes and bounds or legal subdivision and are up to 5 acres in size. (43
CFR 3844)
WHAT IS A LOCATION NOTICE AND WHERE MAY I GET THE FORM?
A location notice is a form that must be filed with the BLM, California State Office
and your local County Recording Office. The following information must be included
on the form; date of location of the claim/site, description of discovery monument,
name of claim/site, legal description (metes and bounds or legal subdivision), and
the names and addresses of all locators. There are separate notices for placers,
lodes, and mill sites. You can obtain location notice forms from the BLM Public
Room and stationary stores. (43 CFR 3833.1-2)
HOW DO I RECORD A MINING CLAIM?
You must file your mining claim/site location notice with the BLM, California State
Office, within 90 days from the date of location of the claim or site and you must
also file with the County Recording Office.
All new locations must be accompanied by the required fees of a $15 service charge,
$30 location fee, and a $125 maintenance payment fee for the first year of location,
for a total of $170 per claim or site.
By September 1st of every year or before, $125 maintenance payment fee must be paid
to the Sacramento office, or a Waiver with an assessment form and a $10 per claim
assessment fee must be turned into the Sacramento office. (43 CFR 3833.1-2 and 43
CFR 3833.1-4)
MAY I CHANGE A LOCATION NOTICE AFTER I HAVE FILED WITH THE BLM?
You may file an amended location notice in order to change the name of the claim/site,
clarify the legal description, or provide information that was incomplete. Also,
you must file these amendments with the county that the claim is in. You may not
add or delete locators or change the location date of the claim/site. There is a
$10 filing fee for filing an amended location notice. (43 CFR 3833.0-5[p])
WHAT MUST I DO TO MAINTAIN A CLAIM?
Once a claim/site is serialized, an annual filing must be made on or before September
1, of each year to maintain the claim/site. If you have more than 10 claims, you
must pay the $125 maintenance fee. If you have 10 or fewer claims/sites, you may
choose to file either the maintenance fee payment or file the Maintenance Fee Waiver
certification (a.k.a. small miners waiver). If you choose to file a small miners
waiver, then you must also perform $100 worth of labor or improvements on all placers
or lode claims during the assessment year (September 1, noon through September 1,
noon). An Assessment Work Notice (Proof of Labor) form must be filed on or before
December 30, along with the $10 filing fee per claim. For mill/tunnel sites, a
Notice of Intent to Hold must be filed on or before December 30, along with the $10
filing fee per site. To learn more about mining claims/sites filing instructions,
please visit our web page mining facts. (43 CFR 3833.1-5 and 43 CFR 3833.1-6)
WHAT IS A SMALL MINERS WAIVER?
A small miners waiver is short for maintenance fee payment waiver certification.
A small miners waiver may be filed by those claimants holding 10 or fewer claims/sites,
instead of paying the $125 maintenance fee by September 1, of each year. If you
choose to file a small miners wavier you must also perform assessment work and file
an assessment work notice by December 30, of each year. (43 CFR 3833.1-6)
WHAT QUALIFIES AS ASSESSMENT WORK?
Some of the activities that qualify for assessment work are construction and maintenance
of access roads, development drilling and sampling, and buildings that benefit the
claim. For more information about what qualifies as assessment work please contact
your local BLM office.
HOW DO I TRANSFER A MINING CLAIM?
A mining claim is transfered by recording a Quit Claim Deed with the County Recorder
where the mining claim is located, and then by filing the Quit Claim Deed with the
Bureau of Land Management (BLM) State Office. The cost to file the Quit Claim Deed
with the BLM is $10.00 per claimant, per claim. (Please call the County Recorder's
Office for their fees). Quit Claim Deeds are usually found at office supply stores.
LAWS AND REGULATIONS GOVERNING MINING CLAIMS/SITES
Mining Law of 1872
Federal Land Policy Management Act of 1976 (FLPMA), section 314
Code of Federal Regulations, 43 CFR 3800
FOR MORE INFORMATION
Cover of the book :Location and Patenting of Mining Claims and Mill Sites" Click
here to order from our on-line bookstoreAvailable in our Bookstore: "Location
and Patenting of Mining Claims and Mill Sites" Latest Edition - Updated 2000
- This book explains how to locate and patent mining claims in California. It shows
locations, monuments and claim maps. This book is written by the Bureau of Land Management.
To order, call (916) 978-4401.
Can I convert my unpatented property to patented
property?
Since 1995, Congress has enacted one-year moratoriums on the issuance of patents,
whereby new mining patents generally will not be issued - however, this is subject
to change in the future.
What is an unpatented mining claim? In 1872,
The United States Government granted any citizen the right to explore, locate and
claim certain rights upon public lands. An Unpatented mining claim is a particular
parcel of Federal land, valuable for a specific mineral deposit or deposits. It is
a parcel for which an individual has asserted a right of possession. The right is
restricted to the extraction and development of a mineral deposit. This means: You
are leasing, from the government, the right to extract minerals. No land ownership
is conveyed.
What good is an unpatented gold mining property
to me? What can I do on it? Valid mining claims are located on available lands
that contain a valuable mineral source (such as gold, platinum, silver, etc.) Owning
a mining property allows you the opportunity to extract these valuable sources. Most
people prospect for gold as a form of adventure, recreation, and relaxation. A claimant
can camp on his/her claim just about indefinitely as long as the site is kept clean
and it's obvious a legitimate mining operation is in progress. Geology experts say
that less than 20 percent of the gold in the Western United States has been recovered.
Streams, rivers and creeks in gold country are constantly being replenished with
the valued metal. In the last 140 years, natural erosion/flooding, etc. has caused
a substantial amount of new gold to become deposited in today's waterways. Some rivers
and streams that were once thoroughly mined out are presently paying gold dredgers
in fair-sized deposits.
Is the land mine? You own the mineral rights
and may use as much of the surface as reasonably necessary for mining your property.
You may recreate in your spare time on your unpatented mining claim, as well, ie;
fishing, camping, hiking, swimming, etc..
Can I live on it? Building a structure on
your claim simply for recreation or purposes other than mining is illegal. All buildings,
equipment, fences, signs, roads, any man made changes on the mining claim, must be
reasonably incident to mining. To build on a claim, you must first obtain a permit
from the federal agency managing the surface, for example, the USFS or BLM.
Do I own the property or just the mining rights
or both? You own only the mineral rights until a patent can be secured from the
government. Presently, there is a moratorium on issuance of patents however, this
is subject to change in the future.
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