I’ve been writing a series of blogs about rockhounding. But what if you are wanting to collect rocks for commercial purposes or you actually find a cool rock or mineral on one of your rockhounding expeditions, that you think you could sell and make money on?

You may want to consider filing a mining claim.

 

What is a mining claim?

A mining claim is a parcel of land for which the claimant has asserted a right of possession and the right to develop and extract a discovered, valuable, mineral deposit. This claim does not give you ownership of the property. Claimants may not construct permanent or mobile structures (including a house) or store equipment without the prior approval of an authorized federal official.

 

Where do I file a mining claim?

If the area you wish to file on is on Federal public lands, that land is controlled by the Bureau of Land Management (BLM). Since mining is one of the multiple uses of public lands, mining activities are controlled by the BLM and mining activities fall under the Mining Law of 1872, and amendments.

There are Federally-administered lands in 19 states where you may locate a mining claim. These states are Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Louisiana, Mississippi, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming.

Areas where you cannot make a mining claim include:

National Parks; National Monuments; Indian reservations; Various types of reclamation projects under the Bureau of Reclamation; Military reservations; Scientific testing areas; and Wildlife protection areas managed by the U.S. Fish and Wildlife Service. Lands designated by Congress as part of the National Wilderness Preservation System; land designated as a wild portion of a Wild and Scenic River; or lands withdrawn by Congress for study as a Wild and Scenic River.

Keep in mind the Mining Law allows for the development of state rules that are consistent with federal law. Therefore, individual states can have their own rules of locating and recording mining claims. Always check with the appropriate state for state-specific laws and regulations. Also, if the land is on state land, you will have to file with the state and the rules will vary from state to state. If the area is on private land, you do not need a claim, you only need permission from the owner. Get it in writing and make sure you cover all expectations.

 

Who can file a mining claim?

Any person who is a citizen of the United States or who has declared an intention to become a citizen with the U.S. Citizenship and Immigration Services may locate and hold a mining claim. A corporation organized under state law is considered a “citizen” and may also locate and hold a mining claim under the corporate name. There is no limit to the number of claims and sites that one may hold, as long as the requirements of the Mining Law have been met. You must be able to prove that the rocks or minerals found in the location have a reasonable commercial value.

 

How do I see if the area is already claimed?

The first step is to check the official land records at the BLM state or field office. Topographic maps of the area provide the legal description (meridian, township, range, section) of such lands. Visit the local BLM state or field office, and check maps, BLM master title plats, mining claim records, and files. Ultimately, it is the claimant’s responsibility to determine if there are prior existing mining claims on the ground and if the land is open to mineral location. Maps showing locations of active and closed mining claims and sites can be found in the Mineral and Land Records System (https://mlrs.blm.gov).

 

How do I stake my claim?

The next step is to stake the claim area and post a location notice. Federal law specifies that claim boundaries must be distinctly and clearly marked to be readily identifiable. Most states have statutes and regulations concerning the actual staking and recording of mining claims so claimants should refer to the appropriate state agency for additional requirements before staking a claim.

 

How do I file a claim?

The claim must be recorded with the proper BLM state office within 90 days of the date of location (staking) and recorded with the proper county in accordance with their requirements.

 

When you file for a claim, you will need the following information:

• The date of location (staking) on the ground

• The names and individual mailing addresses of the locator(s)

• The name of the claim or site

• The type of claim or site (lode or placer claim or mill site or tunnel site)

• The acreage claimed

• A description of the parcel on the ground

 

A nonrefundable processing fee is required at the time of filing to record each new location, along with a location fee and initial maintenance fee.

 

What do I have to do to work my claim?

Casual-use activities are those that cause only negligible disturbance of public lands and resources. For example, activities that do not involve the use of earthmoving equipment or explosives may be considered casual use. For most types of casual-use activities, there is no requirement for notifying the BLM. For activities other than casual use, claimants are required to submit either a notice or a plan of operations and get permission prior to commencing operations. This can actually be a timely project and may require review by several departments. A plan of operations is always required where activities involve the surface disturbance of more than 5 acres.

 

How long can I keep my claim?

Claimants are required to pay an annual maintenance fee on or before September 1 of every year to continue to hold their mining claim. Paying the maintenance fee replaces the requirement of performing annual assessment work on your mining claim. Claimants requesting a small miner’s waiver from paying the annual maintenance fee must perform assessment work and spend a minimum of $100 in labor or improvements on each claim, and record evidence of such with the BLM on or before December 30 of the calendar year in which the assessment year ended.

 

How do I end or release my claim?

If claimants abandon a mining claim or site or wish to relinquish it to the Federal Government, they should file a notice with the proper county or field office and the BLM state office. No particular form is required; a letter is acceptable. Be sure to include the claim or site name and the BLM serial number. There is no fee to file.

 

This information is presented for general purposes and taken directly from the BLM website. To the best of my knowledge the information is accurate, but it may be incorrect or it may change. Always check with the actual BLM or state regulators.

 

For the most accurate, up-to-date information visit:

https://www.blm.gov/programs/energy-and-minerals/mining-and-minerals/locatable-minerals/mining-claims