Before a claimant can engage in any surface disturbance, mechanized exploration, mining, residency, or site occupation, the party with the claim must file a plan of operations or notice of intent with BLM and conduct the appropriate review and permitting outlined by the 43 CFR 3809 and 43 CFR 3715 regulations. The BLM must approve any plan of operations that disturbs more than five acres of public land or that could result in commercial mining.  Any surface disturbing activities require a bond to ensure that reclamation will occur on the site once the mineral development is completed.

Locating a mining claim

Locating a mining claim requires discovering valuable minerals, having claim corner and discovery monumentation, submitting courthouse filing (map and description of claim) and filing the appropriate forms with the BLM state office.  The Acts of October 5, 1992, August 10, 1993, and The Final Rule published in Federal Register October 7, 2005 (70FR58854) increased fees for locating new mining claims to $170 per claim. To maintain a properly located claim, the $100 per year assessment work requirement may now be paid directly to the BLM as an annual $125 maintenance fee before September 1st of each year.

Patenting a mining claim

Patenting a mining claim is currently under a congressional moratorium with only a few grandfathered applications for patent remaining.  The patent action includes providing proof of a valuable mineral discovery, assessment and improvement work, and proof that a prudent person could operate a paying mine on the claim.  Rigorous BLM review of such patent submittals occurs.  The patent standard is very stringent and few mining claims pass these tests.

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