An unpatented mining claim conveys ownership to the minerals and gives the owner
the right to extract and develop the mineral deposits. The federal government maintains
ownership of the land itself.
What is a Patented mining claim?
The original 1872 mining law offered miners the ability to apply for patents for
their mining claims. Once patented, the title for the land was passed to the claimant
which conveyed both the land and the minerals to the owner.
Can an unpatented claim be patented?
In 1995, the US Congress enacted a moratorium on the issuance of patents for mining
claims. This may change in the future.
What types of claims and 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. Sizes range from 20 - 160 acres depending on association of locators.
A corporation is considered a single locator. When an association claim is sold,
the entire portion up to 160 acres may be held by a single individual or entity.
(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
What are the laws governing mining claims?
In 1872, congress passed the General Mining Law which stated that all un-appropriated
lands were open to mineral entry and purchase. In addition to these laws, claim holders
must be aware of state and local laws pertaining to mining activity as well as the
regulations imposed by the surface management agency (BLM, USFS, etc).
What must I do to maintain my mining claim(s)?
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 $140 maintenance fee for each 20 acres. 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 (small miner’s waiver). If you choose to file a small miner’s
waiver, then you must also perform $100 worth of labor or improvements on all 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. (43 CFR
3833.1-5 and 43 CFR 3833.1-6)
What is a small miner’s waiver?
A small miner’s 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 $140 maintenance fee by September 1, of each year. If you choose
to file a small miner’s 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 trails, 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.
Are there any County Recorder Filing requirements?
In addition to filing with the BLM, an Affidavit of Assessment Work (Proof of Labor
form) or Notice of Intent to Hold should be filed with the county recorder's office.
The location of this office will always be in the County Seat of the county in which
your claims are situated. If you pay the maintenance fee rather than filing a small
miner’s waver, the proof of labor form filed with the county should indicate the
fees and the date paid.
Are there any county taxes due in order to keep my mining claim active?
Annual taxes may be due but vary county by county. Some counties have stopped collecting
taxes on mining claims due to their insignificance as a county revenue source. The
county should automatically send you a tax bill for the claim if one is due, and
it will be based on the owner of record as of January 1. In counties that collect
taxes, typically they amount to 1% of the assessed value of the claim. Contact the
county tax assessor’s office for details.
What type of permits are necessary?
Recreational mining, such as gold panning and mineral collecting that make use of
hand-held equipment such as picks, shovels, gold pans, sluice boxes, or metal detectors
are usually exempt from permit requirements. For larger scale mechanized operations,
the USFS and BLM may require a NOI (Notice of Intent) and/or a PoO (Plan of Operation).
See section 228.4 in the Federal Register and contact the surface management agency
Do I need a permit to dredge my mining claim?
Depending on your state, you may need a permit for dredging. Check with your local
state Fish and Game office for details. In California, there is currently a ban on
dredging pending the environmental review process. Once this process has been completed,
suction dredging should return. See the following link for details on suction dredging:
What if a locked gate blocks access to my claim?
The owner of an unpatented mining claim cannot be denied access to his property by
federal law. Generally, if a locked gate is preventing you from accessing your claim,
the Forest Service (or appropriate agency) must provide you with a key.
Can I camp on my claim?
Yes, as owner of an unpatented mining claim you are allowed to camp on your claim
pursuant to the rules of the surface management agency.
Can I build on my claim?
You are allowed to build on a claim with restrictions if the structures are in direct
support of mining activities. Contact the surface management agency for details.
LAWS AND REGULATIONS GOVERNING MINING CLAIMS/SITES
Mining Law of 1872
Federal Land Policy Management Act of 1976 (FLPMA) - See Section 314
Disclaimer: This guide has been furnished to help provide background and general
information to readers. It is recommended that information be acquired from official
sources such as BLM, USFS, counties, or the applicable agency. Mineralstar Mining
makes every effort to provide accurate information, but provides no warranty, expressed
or implied, as to the accuracy, reliability, or completeness of furnished information.
Under the General Mining Law of 1872 (May 10, 1872), as amended (30 USC 21-54), citizens
of the United States or those intending to become citizens are provided the opportunity
to explore for, discover, and purchase certain valuable mineral deposits on public
domain lands in the United States. The law also sets general standards and guidelines
for “claiming” the mineral rights to minerals so “discovered”. Provisions are included
to allow for local rules to be developed, consistent with Federal laws. In California,
the state has established their rules under California Public Resources Code (Ch
1, Div 3.5, Sec 3900-3924).
This frequently asked questions is designed to give an overview on the major issues
pertaining to mining claims. The use of the information found in this section is