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Locating a Mining Claim

1. Before you can locate a claim, you must determine if the lands are open to mining. You can find this out at any BLM office. No claims can be staked in areas closed to mineral entry under certain acts, regulations, or public land orders (such areas are referred to as withdrawn lands). The BLM Colorado State Office and field offices have appropriate land and mineral status maps and records for you to make this determination.

2. On lands open to location, you may prospect and properly locate claims and sites. If lands have already been claimed, you may want to find another location. The Colorado State Office maintains a record of these locations on their LR 2000 database.

3. If your parcel of land is open to location, the next step is staking the claim. Federal law specifies that claim boundaries must be distinctly and clearly marked to be readily identifiable. Colorado statutes have more detailed requirements for marking boundaries. For specific state requirements ask for Circular No. 3, available through the Colorado Division of Minerals and Geology.

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4. Recordation of mining claims -- location certificates for claims and sites must be recorded with BOTH the county recorder's office as well as the Colorado State Office of the BLM. Briefly, the state's deadlines for locations are:

  • LODE CLAIMS - 3 months to monument, claim, and record location certificate with the county; and
  • PLACER CLAIMS - 30 days to monument, claim, and record location certificate with the county.
  • BLM's deadlines for location are: ALL CLAIMS AND SITES - 90 days from date of location to record claims with the BLM Colorado State Office.

5. No specific form for location certificates is required, but the basic information can be found in Public Land Regulations at 43 CFR 3833.11. It can also be found in the circular Mining Claims and Sites on Federal Lands available through the Colorado State Office address below. Each location or site must be accompanied by a $15 non-refundable processing fee, a $30 refundable location fee, and the First year's maintenance fee payment of $125 for a total of $170. A separate location notice is required for each claim or site recorded.

Please check out our Mining Claim and Sites on Federal Lands brochure for more information or our Mining Clain Web page.

Other Helpful links:

Minerals and Mining Frequently Asked Questions: www.blm.gov/co/st/en/BLM_Programs/minerals/mining_faqs.html

Mining Laws: www.blm.gov/wo/st/en/info/regulations/mining_claims.html

BLM Mining Regulations: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=c2feb74bbed585f7de8411ac2c5cd587&rgn=div5&view=text&node=43:2.1.1.3.73&idno=43

General Land Office Records: www.glorecords.blm.gov

Maintenance Fee Waiver: Form 3830-2

Management of locatable mineral mining and prospecting operations: www.co.blm.gov/ccdo/minerals/locminerals.htm#Governing%20Laws

 

   
Last updated: 04-21-2008