Recording a Mining Claim or Site

Claims and sites must be recorded with both the county and the proper BLM STATE OFFICE. In Alaska, claims may also be recorded with the BLM office in Fairbanks.

County: State laws usually require filing the original location notice or certificate in the county recorder's or the county clerk's office. The proper county is generally the one in which the claim is located. Each State has its own requirement for when a location notice must be filed and recorded. This period is usually within 90 days of staking the claim on the ground. However, some States require earlier filings, such as within 60 days or 30 days. Other States have different timeframes for different types of claims.

Location notices contain the following basic information: (1) the date of location on the ground, (2) the name of the locator(s), (3) the name of the claim or site, (4) the type of claim or site, (5) the acreage claimed, and (6) a description of the parcel on the ground. The description may be either a legal description (by parts of the section, township, range, and meridian) or a metes and bounds survey (connection of corners by distance and direction). For mining claims, metes and bounds surveys are tied to the discovery point. The discovery point should be tied to some well-known, permanent object. Examples of permanent objects include an existing cadastral survey monument, a bench mark, a bridge, a fork of a stream, or a road intersection.

Local printing companies, office supply stores, stationery stores, and BLM offices are possible sources for obtaining location notice and certificate forms.

BLM:The Federal Land Policy and Management Act of 1976 (FLPMA) requires claimants to file a copy of the official record of the notice or certificate of location with the BLM. This includes any amendments (i.e., changes) in claim boundaries and any changes in ownership. FLPMA (Sec. 314) also requires a map of the claim/site boundaries to be filed with the BLM. Other documents filed under State law must also accompany the copy of the official record filed with the BLM. Even if State law does not require recordation, the owner must file proper documents with the BLM. Federal recording regulations, 43 CFR 3833, specify the information required. These requirements may be obtained from BLM State or District Offices. There is a $10 nonrefundable service charge to record each new location. The BLM considers a claim or site abandoned and void if the claimant fails to record with the BLM within the prescribed period. The timeframe for filing is within 90 days from the date of location or date of change. Use a separate location notice for each claim/site or the claim will be deemed abandoned.

Amendments and Transfers of Interest: Interest in a properly recorded mining claim or site may be transferred in its entirety or in part. Generally, a quitclaim deed or other type of recordable conveyance document (this is governed by State law) is needed for this transfer of interest. An amended location notice is proper to show changes in the description of a claim or site but is not proper for a transfer of ownership. An amended location notice may accompany the quitclaim deed. File transfer and amendment documents with the proper county office and BLM STATE OFFICE. File transfer documents within 60 days after the transfer. The BLM has a $5 nonrefundable service charge to file amendments and transfers of ownership for each claim or site. Failure to file these documents, in the case of any action or contest initiated by the United States, results in no notification and no defense against failure to be properly served.

Abandonment or Relinquishment:
Upon abandonment of a claim or site or relinquishment to the Federal Government, file a notice with the proper county 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 charge to file these documents. THE PROPER BLM STATE OFFICE IS THE ONLY OFFICIAL FILING OFFICE FOR THE FEDERAL GOVERNMENT, except for the BLM Fairbanks Support Center in Alaska, which is an acceptable filing office (see Figure 3). See Figure 4 for filing fees.

Figure 3: A List of BLM and Forest Service Offices Where Mining Claim and Site Documents May Be Filed

BLM

State Office

• Location Notice
• Amendment of Transfer of Interest
• Notice of Abandonment or Relinquishment
• Notice of Intention to Hold
• Petition for Deferment of Work
• Patent Application

District Office

• Notice of Intent to Operate
• Plan of Operations

Resource Area Office

In many States the District Office has delegated acceptance of a notice or plan to the Resource Area Office. Call the district Office to find out where to file notices or plans.

Forest Service

Regional Office

None- Recommendation and patent documents are only filed with the BLM

Forest Supervisors's Office

None- On National Forest lands notice and plans of operations are filled in the Ranger District Office

Ranger District Office

• Notice of Intent
• Plan of Operation

Note: In some states the BLM, the Forest Service and the State may have signed a memorandum of Understanding or a cooperative agreement. The agreement may allow a State agency or a county department to be the lead for approving a plan of operations on Federal lands. The operator would submit a plan of operations to the State or county agency, rather than to the BLM or the Forest Service. Contact the appropriate BLM State Office or Forest Service Regional Office to determine the lead agency in a particular State.

New Location Notice (per claim/site)	$10
Amendments/Transfer of Ownership (per claim/site)	$5
Affidavit of Annual Assesment Work (per claim/site)	$5
Petition for Deferment of Assesment Work (per Petition)	$25
Mineral Patnt Application (first claim)	$250
Filing for each additional claim/site in one patent application (per additional claim/site)	$50

You are encouraged to provide comments on the design and utility of these site materials. In the future a questionnaire will be included to solicit your comments, including need for specific types of additional information.