Other Types of Filings

Claimant's Rights

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: (1) access across Federally managed surface to and from the claim or site, (2) use of as much of the timber and other surface resources as is necessary for the mining operation, and (3) 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

A transfer of interest is a sale, assignment, transfer through inheritance, or conveyance of total or partial ownership in a mining claim or site. See 43 CFR 3833.32. The processing fee is $10.00 per person receiving interest in the claim or site.

Amendments

You may amend a notice or certificate of location to correct defects, errors and omissions on the original document you recorded with BLM. For a list of what may be amended see 43 CFR 3833.20.

An amendment must recorded with the BLM within 90 days after you record the amended notice in the local recording office. There is a $10 per claim Processing Fee required at the time the amendment is recorded with BLM.

Relocations

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 for lode claims, and $212 plus $155 for each additional 20 acres for placer claims.

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.