Transfers, Relinquishments, Amendments, and Address Changes
|Report Mining Claim Fraud|
Recording an Amendment
An amendment to a location for an active mining claim or site can be made at any time and must be filed with the appropriate county Recorder's Office and the proper BLM State Office. It can be made on the same type of form as was used for the original location. An amended location relates back to the original date that the mining claim or site was located. Changing the date of location makes it a re-location of the claim requiring the appropriate new claim fees. The BLM has a $10 nonrefundable processing fee to file an amendment.
Amendments are used to:
- Correct or clarify omissions or defects in the original location certification;
- Change legal descriptions due to an error made on the original certificate (the location on the ground cannot be changed); and
- Change the claim name.
Amended location notices must be recorded at the proper county recorder's office prior to recordation with the BLM (43 CFR 3833.22). You must record amended location notices with the BLM within 90 days after you record the amendment in the local/county recording office. BLM will not recognize any amendment to your mining claim until you file it properly.
Recording a Transfer Document
Where an owner of an unpatented mining claim sells, assigns, or otherwise conveys all or any part of his interest in the claim, his transferee shall file the transfer document in the proper BLM State Office and also with the appropriate county Recorder's Office. Examples of transfer documents are transfer of interest, quitclaim deed, death of claimant, etc. The transfer document shall identify the transferee's name and signature, the name and address of the new owner, the claim or site name(s) and the BLM serial number(s). The BLM has a $10 nonrefundable processing fee to file transfer documents for each claim or site (per document). Each transferee must pay the service charge. For example, if a husband and wife purchase one claim, the fee is $20.
You may transfer, sell, or otherwise convey an association placer mining claim at any time to an equal or greater number of mining claimants. If you want to transfer an association placer claim to an individual or an association that is smaller in number than the association that located the claim you: a) must have discovered a valuable mineral deposit before the transfer; or b) upon notice from BLM, you must reduce the acreage of the claim, if necessary, so that you meet the 20-acre per locator limit. Per 43 CFR 3830.5, a discovery means that you have found a valuable mineral deposit. Any association placer claim transferred that does not meet these requirements is not a valid mining claim.
If you obtain a mining claim that is subject to a waiver, you must also qualify for the waiver to continue to apply the waiver to the mining claim you received in the transfer. If you do not qualify for the waiver, you must pay the annual maintenance fee by the September 1 following the date the transfer became effective under state law.
Recording an Abandonment (Relinquishment)
Upon abandonment of a claim or site (relinquishment) to the Federal Government, file a notice with the BLM State Office. No particular form is required; a letter is acceptable. Be sure to include the claim or site name(s) and the BLM serial number(s). All current owners who are abandoning their interest must sign the document. There is no charge to file these documents.
Recording a Change of Address
The change of address document shall identify the claim or site name(s), the BLM serial number(s), and the owners name and new address. There is no charge to file this document.
Mining Claim Forms
For all BLM forms, visit the following website: http://www.blm.gov/noc/st/en/business/eForms.html.
For Small Miner Exemptions, use the Maintenance fee Waiver Form 3830-2 (PDF).
Affidavits of annual assessment work done (proof of labor), notice of location, and quit claim deeds are State forms. Contact your local legal document stationary store. We do not sell these forms.