Other Associated Filings
Mining claims and sites are considered real property. The interests in them and associated rights may be bought, sold, transferred, leased, rented, willed or inherited.
If a claim or site meets all the Federal and state requirements, the claimant has a possessory right to develop and extract minerals found on a mining claim. A possessory right is much like an easement, where the United States holds the ultimate real estate title, until a mineral patent is issued. However, the claim or site cannot be used for purposes other than mining or milling.
The claimant has the right to use so much of the surface of the claim or site as is reasonably necessary for mining and milling purposes, including:
- access across Federally managed surface to and from the claim or site,
- use of as much of the timber and other surface resources as is necessary for the mining operation, and
- construction of fences and gates to protect the immediate area of operations and equipment. Also, allowed are temporary and permanent structures for storing equipment, housing for full-time employees, and testing and processing facilities.
Transfers of Ownership
Interest in a properly recorded mining claim or site may be transferred in part or its entirety. A quitclaim deed or recordable conveyance document is required. There is a charge of $10 per claim, per transferee, per transfer document.
You may correct errors on your notice or certificate of location. An amendment:
- may or may not take in different or additional unappropriated ground;
- may correct or clarify defects or omissions in the original notice or certificate of location;
- may change the legal land description; and
- may change the claim name. Amendments cannot be used to transfer ownership of a mining claim or change the location date.
All amendments are required to be recorded with the county. If the BLM issues a Notice letter requiring an amended location certificate, due to a defect, the claimant has 30 days to submit that amended location certificate. If a claimant chooses to amend a location certificate on their own initiative, it must be submitted to BLM within 90 days of the amended date. See 43 CFR 3833.22(a)
There is a charge of $10 per claim to process an amended location notice.
A relocation is treated as a new original location which essentially covers the same land as a prior mining claim/site. As such, a relocation will be issued a new serial number, and date stamped. Filing fees of $212 per claim are required.
A relocation does not relate back to the date of the prior location.
A relocation may not be established by the use of an "amended location notice," but requires a new, original notice or certificate of location as prescribed by state law.