Locatable Minerals

Locatable Minerals

Locatable minerals are hard-rock minerals such as gold, silver, molybdenum, uranium and uncommon varieties of some other minerals (43 CFR 3830.11). The BLM manages the use of these minerals under the mining laws such as the Mining Law of 1872. Placer claims which are minerals that occur in geologic sediments, rather than in veins located as lode claims, are also managed under such mining laws.  Miners locate claims in order to acquire the right to develop the mineral values in a specified area.

The Mining Law of 1872 makes metallic and nonmetallic locatable minerals on public lands available to the public. The law also encourages mining companies to initiate exploration and development of such minerals. Locating a mining claim gives a mining company the right to develop the minerals under the claim. Within a mining claim, the surface lands remain open to the public for other multiple uses.

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, monumenting claim corners and discovery point, filing the certificate of location along with the proper fees to the appropriate BLM state office, and submitting a copy of the county recordation of the certificate of location.  Additional information on properly locating an unpatented mining claim/site, can be found here: Mining Claims and Sites.

The Acts of October 5, 1992, August 10, 1993, and The Final Rule published in the Federal Register on June 29, 2009, increased the fees for locating new mining claims to $189.00 per claim.

 

Patenting a Mining Claim

Since October 1, 1994 the BLM has been prohibited from accepting new mineral patent applications by a congressional moratorium.  The moratorium has been renewed annually through the various Interior Appropriations Acts.  The requirements for filing mineral patent applications may be found at 43 CFR 3860.

 

For more information follow the links below:

The Mining Claims and Sites on Federal Lands brochure

Mining Claims and Sites, Frequently Asked Questions