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Mining Law Requirements on Federal Lands

Locating Mining Claims in Idaho 2014

LR2000 Reference Guide  

Locating New Mining Claims, Mill Sites and Tunnel Sites

New location notices/certificates must be filed with the BLM Idaho State Office, 1387 S. Vinnell Way, Boise, Idaho, 83709, within 90 days from the date of location. In Idaho, you must record with the County Recorder within 90 days from the date of location. Notice must include township, range, section, and quarter section in which the claim is located, location date, type of location, claim name, and claimant(s) name and address. Also submit a map showing the boundaries of the claim.

A $189 per claim/site fee is required at the time of recordation with the BLM. It covers recordation ($15), location ($34) and maintenance ($140) for the assessment year in which the claim/site is located. If the processing fee is not submitted in full at the time of filing, the location notice will be returned without further action.

If the location notice/certificate is not received or postmarked within the 90-day filing period, the new location will be declared abandoned and void by operation of law.

Location date: the date a discovery monument is erected and location notice is posted on the ground

Assessment year: begins at 12:01 September 1 through 12:00 noon September 1

If the claim/site is located before September 1 and filed with BLM on or after September 1, you must pay $189 plus an additional $140 maintenance fee for the current assessment year. If you qualify, you may submit a Maintenace Fee Waiver Certification (Form 3830-2) rather than pay the $140 maintenance fee for the current assessment year.

See regulations (43 CFR 3838) for locating claims on private land patented under the Stock Raising Homestead Act, or if disposal of the minerals is authorized under this Act. A Notice of Intent to Locate must be filed prior to locating a claim.  The BLM processing fee is $30.

Drlling at Thompson Creek Molybdenum Mine, Custer County
Maintaining Claims and Sites

A $140 maintenance fee or a maintenance fee waiver certification must be filed annually on or before September 1 for the upcoming assessment year.

Claimants who file the maintenance fee must include a document listing the claim/site names and the BLM serial number(s) for which the fees are being paid. The maintenance fee is in lieu of performance of assessment work.

Claimants who file the waiver certification must complete the assessment work for the current assessment year prior to filing the waiver, have an interest in 10 or fewer claims/sites in the U.S. on September 1 (all owners), and file a relinquishment or transfer ownership on or before September 1, for those claims that are over the 10-claim limit. 

    Include the name, address, and original signature of all owners on the waiver. 

    List claim names and serial numbers that you wish to maintain on the waiver. 

On or before December 30, file a Proof of Labor or Affidavit of Assessment Work with the BLM Idaho State Office.  The BLM processing fee is $10 per claim/site.

Change of Address:
  List claim name(s) and BLM serial number(s). Note address change on annual filing.

Amended Notice:  If a correction to the original location notice is required, an amended notice should be filed with the BLM and the County Recorder.  The BLM processing fee is $10 per claim/site.

Transfer of Interest:  If there is a change of name/ownership, the transfer document must be filed with the BLM and the County Recorder.  The BLM processing fee is $10 per claim/site per transferee.

Prior to operation, contact the BLM Field Office and/or Forest Service Office that has jurisdiction over the land in which your claim/site is located to verify what type of work you are allowed to do and what steps are required, such as casual work, notice or plan of operations and reclamation bond requirements.