Recording a Mining Claim or Site

As established by Section 314 of the Federal Land Policy and Management Act (FLPMA), as amended, claims and sites must be recorded with the proper BLM state office within 90 days of the date of location and recorded with the proper county in accordance with their requirements When you stake a mining claim or site on federal land, you must “record” it to protect your rights. This means you need to file a notice with both your local county (or borough) office and the Bureau of Land Management (BLM).  (In Alaska, you can also file at the Fairbanks district office.) If you have more questions about mining claims or need extra details on specific steps, feel free to explore related BLM resources or contact your local BLM office to complete these steps.

What You Must Do:

  • Where: File your mining claim at the recorder’s, clerk’s, or borough office in the county where your claim is located.
  • When: Your notice must be filed within 90 days of staking your claim. (Some states require filing sooner—sometimes within 30 or 60 days.)
  • What to Include:
    • The date you located your claim.
    • The names and mailing addresses of all locators.
    • The name you gave your claim or site.
    • The type (lode, placer, mill, or tunnel site).
    • The number of acres claimed.
    • A detailed description of the land, including the State, Meridian, Township and range, section, and aliquot part to the quarter section.
  • Forms: You can get location notice forms from local printing companies, office supply or stationery stores, state agencies, and BLM offices.

Steps to Follow:

  • Where: Send a copy of your recorded notice to the BLM state office within 90 days. In Alaska, you may file with the BLM district office in Fairbanks.
  • Additional Requirements:
    • If you change your claim’s boundaries or transfer ownership, update your filing with BLM.
    • You must also submit a map of your claim’s boundaries and any other documents required by state law.
  • Fees: A nonrefundable processing fee, along with a location fee and an initial maintenance fee, is due when you record your claim.
  • Why It Matters: Failing to record your claim on time may result in it being considered abandoned under federal law.

Changing Your Claim:

  • Amendments: If you need to update the description of your claim (for example, changing its boundaries), file an amended location notice. Remember, this document does not transfer ownership.
  • Transfers: To transfer ownership (in full or in part), you must use a legally acceptable deed—such as a quitclaim deed—and file it with both the county office and the BLM. Amendments to reflect any ownership changes must also be sent to BLM within 90 days after recording at the county office.
  • Fees: Each amendment or transfer is subject to a nonrefundable processing fee.

If You Decide to Give Up Your Claim:

  • Abandoning or Relinquishing: Send a notice (a simple letter is acceptable) to both your county office and BLM. Make sure to include the claim name and the BLM serial number. No fee is charged for this.
  • Change of Address: If your mailing address changes, inform the BLM state office. This update is free of charge.

Remember: Recording your mining claim correctly is essential for protecting your mining rights under the Federal Land Policy and Management Act. For more detailed information, please visit the BLM’s Mining and Minerals page and review the current federal regulations in 43 CFR Part 3833. 

Special Filing Procedures

The Mining Claims Rights Restoration Act of 1955 provides, with certain restrictions, for mining, developing, and utilizing the mineral resources of all public lands withdrawn or reserved for power development. When filing mining claims under special circumstances, you may need to follow extra steps. These procedures address two situations: when your mining claim is on lands withdrawn for power development (Power Site Withdrawals) and when it is on lands governed by the Stock Raising Homestead Act (SRHA).

Power Site Withdrawals

Overview: The Mining Claims Rights Restoration Act of 1955 lets you mine, develop, and use minerals on public lands that have been set aside for power generation. However, you must follow extra filing procedures when claiming such land.

What You Must Do:

  • Certificate of Location: When you stake your claim, file a certificate of location that includes a special mark. Write “Filed under PL 359” on the certificate to show that your claim is being filed under this power development law.
  • Waiting Period for Placer Claims: If your claim is a placer claim (mineral deposits found in loose material), you cannot start mining for 60 days after filing your certificate with the BLM.
  • BLM Notification: Once your certificate is received, BLM sends a notice to the Federal Energy Regulatory Commission (FERC) and the local agency that manages the land. They check if any active energy projects might be disturbed by your mining.
    • FERC and the surface agency have 60 days to reply.
    • If they find that your mining would interfere with existing energy uses, BLM will mail you a notice with details about a planned hearing.

For more details on power site withdrawals and related regulations, visit BLM’s Withdrawals page and review updated sections in the Code of Federal Regulations (e.g., 43 CFR 3730).

Stock Raising Homestead Act (SRHA) Lands

Overview: Under an amendment to the Stock Raising Homestead Act (SRHA), before you explore or stake a mining claim on SRHA land, you must first file a Notice of Intent to Locate (NOITL). This process helps reserve the land exclusively for your exploration for 90 days.

Steps to Follow:

  1. File a NOITL:
    • Form & Fee: Use BLM Form 3830-003 and include a nonrefundable filing fee of $40.
    • When to File: You must file the NOITL before entering the land for exploration or staking a claim.
    • What It Does: Filing a NOITL reserves the land exclusively for you for 90 days.
  2. Mandatory Information:
    • Statutory Details:
      • Your name and mailing address.
      • A complete legal description of the land (based on the public land survey or other accepted description). Note: If any of this information is missing, your NOITL will not be posted until you provide it.
    • Regulatory Details:
      • The $40 service fee.
      • Proof of surface ownership (for example, county records or title documents).
      • A certified mail receipt showing that the surface owner was notified.
      • Contact telephone numbers for you and the surface owner (if available).
      • The total acreage included.
      • A short description of the planned mineral work.
      • A map showing access routes.
  3. NOITL Limits and Segregation:
    • Each NOITL gets a serial number and is entered in the official land records.
    • All land on a single NOITL must have the same surface owner(s). If different owners are involved, file separate NOITLs.
    • You can file for up to 1,280 acres per surface owner, with a statewide limit of 6,400 acres.
    • The 90-day segregation period starts the day after BLM receives your complete NOITL—even if that day is a weekend or holiday.
  4. Exploration and Claim Filing:
    • You must wait at least 30 days after the surface owner is notified (by registered or certified mail) before you can begin exploring or staking claims.
    • Mining claims must be located within the boundaries described in your NOITL and filed before the 90-day period expires.
  5. Getting Approved to Mine:
    • Once the 90-day period ends, you cannot start mining unless you either have:
      • Written permission from the surface owner, or
      • An approved Plan of Operation from BLM.
    • The Plan of Operation involves a review process that may include an environmental assessment and determining a financial guarantee to cover potential reclamation and compensation costs.
  6. Pre-Act Claims:
    • If your claim was filed before the April 16, 1993, amendment, different rules may apply.
    • In some cases, you may need either a written agreement with the surface owner (filed with BLM) or to go through the Plan of Operation approval process.

For more details on locating and operating mining claims on SRHA lands, please review updated regulations in 43 CFR Part 3838 and visit the BLM page on Split Estate due to Stock Raising Homestead Act.

MLRS Reports

The Bureau of Land Management (BLM) has developed the Mineral & Land Records System (MLRS) to replace the Legacy Rehost 2000 (LR2000) case management system, Alaska Land Information System (ALIS – but note that Alaska records are not available in MLRS at this time), and official land status records (e.g., Master Title Plats, Historical Indices, Tract Books). The MLRS mining claims module was released on January 25, 2021.