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Explanation of Location

Staking a Mining Claim or Site

Federal law simply specifies that claim boundaries must be distinctly and clearly marked to be readily identifiable on the ground. The mining laws allow States to establish their own laws regarding the manner in which mining claims and sites are located. Most States have statutes and regulations adding to the Mining Law of 1872, as amended, concerning the actual staking and recording of mining claims. Staking requirements include the placement, size, and acceptable materials for a corner post or a discovery monument. Check with the proper State agency(s) before locating claims. State agencies may include the State geological survey, the State mineral resource department, or the State lands commission.

Generally, staking a mining claim includes (1) erecting corner posts or monuments and (2) posting a notice of location on a post or monument in a conspicuous place (see Figures 1 and 2). The conspicuous place on the claim is usually the point of discovery. Several States also require side-line or end-line posts or monuments for claims. Claims and sites described by legal subdivision in some States do not require the erection of corner monuments (see Figure 2). However, all claims and sites must have a location (sites) or discovery (claims) monument. Be sure to check what the law requires in the State where the claims and sites are to be located.

For a specific tract of land, check the official land records at the BLM State or District Office responsible for administering the land area. Rather than looking, randomly through the records for lands open to location, it is better to restrict your search to a general area of interest. Topographic map(s) of the area (published by the U.S. Geological Survey) provide the legal description (meridian, township, range, section, lot) of such lands. Visit the local BLM office or the BLM State Office and check maps, the BLM Master Title Plats, mining claim records, and files. Ultimately, it is up to the locator to determine if there are prior existing claims on the ground.

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.