Credit for cover photo: BLM historical database

Credit for inside photos: Ron Landberg

Production services were provided by the 

BLM National Operations Center’s Information and 

Publishing Services Section.

P-048

BLM/WO/GI-17/002+3800+REV19
i

Foreword

The Bureau of Land Management 

(BLM) manages about 245 

million acres of public land, 

primarily located in 12 western 

states, including Alaska. The BLM 

also administers about 700 million acres of 

subsurface mineral estate throughout the nation. The 

BLM’s multiple-use mission is to sustain the health, 

diversity, and productivity of the public lands for the 

use and enjoyment of present and future generations. 

The BLM accomplishes this mission by managing 

activities, such as outdoor recreation, livestock grazing, 

mineral development, and energy production, and by 

conserving natural, cultural, and other resources on 

public lands.

The Federal Land Policy and Management Act 

(FLPMA) of 1976 provides that the public lands 

remain under the stewardship of the Federal 

Government, unless disposal is in the national interest 

and consistent with publicly approved land use plans, 

and that their resources be managed under a multipleuse concept that will best meet the present and future 

needs of the American people. Since mining is one of 

the multiple uses of BLM public lands, this pamphlet 

provides information on activities that fall under the 

Mining Law of 1872, as amended.

iii

Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . 1

Explanation of “Discovery” . . . . . . . 3

Locatable Minerals . . . . . . . . . . . . . 3

Discovery of a Valuable 

Mineral Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Explanation of “Location” . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Mining Claims and Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Federal Lands Open to Mining . . . . . . . . . . . . . . . . . . . . 11

Staking a Mining Claim or Site . . . . . . . . . . . . . . . . . . . 13

Recording a Mining Claim or Site . . . . . . . . . . . . . . . . . . . 15

Maintenance of a Mining Claim or Site . . . . . . . . . . . . . 19

Annual Assessment Work . . . . . . . . . . . . . . . . . . . . . . . . 19

Surface Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Mineral Patents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

BLM Land and Mineral Records . . . . . . . . . . . . . . . . . . . 29

More Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Sources of Information . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Geology and Minerals, Topographic Maps, and 

Mining Technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Bureau of Land Management State Offices . . . . . . . 33

U.S. Forest Service Regional Offices . . . . . . . . . . . . . . . 35

1

Introduction

The three basic types of minerals 

on federal lands include:

1. Locatable minerals (subject 

to the Mining Law of 1872, as 

amended)

2. Leasable minerals (subject to the 

various Mineral Leasing Acts)

3. Salable minerals (subject to mineral materials 

disposed of under the Materials Act of 1947, as 

amended)

Federal laws, regulations, and legal decisions have 

defined these minerals. This pamphlet only focuses on 

locatable minerals. 

The Mining Law of 1872, as amended (30 U.S.C. §§ 

22-54 and §§ 611-615) allows citizens of the United 

States the opportunity to explore for, discover, develop, 

and purchase certain valuable mineral deposits on those 

federal lands that are open for mining claim location and 

patent (“open to mineral entry”). The law sets general 

standards and guidelines for claiming the possessory 

right to a valuable mineral deposit discovered during 

exploration, as well as establishing the right to develop 

and extract the mineral deposit. These “locatable” 

mineral deposits include most metallic mineral deposits 

and certain nonmetallic and industrial minerals. Mining 

claims located or perfected after the enactment of the 

Surface Resources Act on July 23, 1955 (30 U.S.C. 

§ 612) are subject to use for certain purposes by the 

United States or its permittees or licensees, provided 

that such use does not materially interfere with mining 

or processing operations. All mining claims must 

comply with all applicable laws and regulations, such 

as the BLM’s surface management regulations at 

43 CFR 3809. These regulations were issued 

pursuant to Section 302(b) of the Federal Land Policy 

and Management Act (FLPMA), 43 U.S.C. § 1732(b), 

which specifically amended the Mining Law.
2

The Mining Law allows for the enactment of state laws 

governing location and recording of mining claims and 

sites that are consistent with federal law. The federal 

regulations implementing the Mining Law are found at 

Title 43 of the Code of Federal Regulations (CFR) in 

Group 3700 and Part 3800.

The five elements of the Mining Law of 1872, as 

amended, are described in this pamphlet:

1. Discovery of a valuable mineral deposit

2. Location of mining claims and sites

3. Recordation of mining claims and sites

4. Annual maintenance (annual assessment work or 

annual fees) for mining claims and sites

5. Mineral patents

This pamphlet also provides a brief introduction 

of the BLM Mining Law Administration Program’s 

responsibilities on federal lands administered 

by the BLM. The program involves mining claim 

recordation, annual maintenance (annual assessment 

work or annual fees), mineral patents, and surface 

management. The last section provides additional 

sources for more information on the following topics:

• Geology and mineral resources of a particular area

• Surface management regulations

• Other federal and state legal requirements
3

Explanation of 

“Discovery”

Locatable Minerals

The Mining Law of 1872, as 

amended, opened the public lands 

of the United States to mineral acquisition by 

location and maintenance of mining claims. Mineral 

deposits subject to acquisition in this manner are 

generally referred to as “locatable minerals.” Locatable 

minerals include both metallic mineral deposits (e.g., 

precious, base, nonferrous, and light metals) and 

nonmetallic mineral deposits (e.g., industrial minerals, 

gemstones, and uncommon varieties of stone).

In 1873, the U.S. Department of the Interior (DOI) 

began defining locatable minerals as those minerals 

that are recognized as a mineral by the standard 

experts, are not subject to disposal under some 

other law, and make the land more valuable for 

mining purposes than for agriculture. It is difficult 

to list all locatable minerals because of the complex 

legal requirements for discovery. For example, when 

minerals that are typically locatable are found on lands 

acquired (purchased or received) under the Mineral 

Leasing Act for Acquired Lands of 1947, as amended, 

by the United States or found on American Indian 

reservations, they are subject to lease only (43 CFR 

3500). Therefore, it is easier for the BLM to list the 

minerals that are not locatable.

Since July 23, 1955, common varieties of sand, gravel, 

stone, pumice, pumicite, and cinders were removed 

from the Mining Law and placed under the Materials 

Act of 1947, as amended. Use of salable minerals 

requires either a sales contract or a free-use permit. 

Disposal of salable minerals from BLM-administered 

lands are regulated by 43 CFR 3600. 

Uncommon varieties of salable-type minerals may be 

locatable if the deposits meet certain tests created 
4

by various judicial and administrative decisions. See 

McClarty v. Secretary of the Interior, 408 F. 2d 907 

(9th Cir. 1969). Federally certified mineral examiners 

determine uncommon variety on a case-by-case 

basis. (See 43 CFR 3830, Subpart C, for further 

information concerning the locatability of minerals.)

Since 1920, the Federal Government has leased fuels 

and certain other minerals (43 CFR 3000-3590). 

Today, minerals that are subject to lease include 

oil and gas, oil shale, geothermal resources, potash, 

sodium, native asphalt, solid and semisolid bitumen, 

bituminous rock, phosphate, and coal. In Louisiana and 

New Mexico, sulphur is also subject to lease.

Discovery of a Valuable Mineral Deposit

Federal statute does not describe what constitutes a 

valuable mineral deposit. Therefore, the government 

has adopted the “prudent man rule.” This rule 

determines value based on whether or not a person 

will consider investing time and money to develop a 

potentially viable mineral deposit. This rule was first 

stated by the DOI in 1894, in the adjudication of 

Castle v. Womble, 19 L.D. 455 (1894), the holding of 

which states:

“...where minerals have been found and the evidence 

is of such a character that a person of ordinary 

prudence would be justified in the further expenditure 

of his labor and means, with a reasonable prospect 

of success, in developing a valuable mine, the 

requirements of the statute have been met.”

The U.S. Supreme Court approved this definition in 

Chrisman v. Miller, 197 U.S. 313 (1905).

The Solicitor of the Department of the Interior 

issued an opinion (M-36642) in 1962 on the issue of 

widespread nonmetallic minerals with questionable 

marketability. The Solicitor noted a need for a distinct 

showing that the mineral could be mined, removed, 

and marketed at a profit. In 1968, the U.S. Supreme 
5

Court approved the opinion in U.S. v. Coleman, 

390 U.S. 602-603 (1968). The marketability test is 

supplemental to the prudent man rule and considers 

deposit economics and market entry. The claimant 

is required to show a reasonable prospect of making 

a profit from the sale of minerals from a claim or a 

group of contiguous claims.

DOI decisions require a discovery on each claim based 

on an actual physical exposure of the mineral deposit 

within the claim boundaries. The DOI’s holding in 

Jefferson-Montana Copper Mines Co., 41 L.D. 321 (1912), 

established the full test for a lode claim:

“To constitute a valid discovery upon a lode claim, 

three elements are necessary:

1. There must be a vein or lode of quartz or other 

rock-in-place

2. The quartz or other rock-in-place must carry 

gold or some other valuable mineral deposit

3. The two preceding elements, when taken 

together, must be such that as to warrant a 

prudent man in the expenditure of his time and 

money in the effort to develop a valuable mine.”

For traditional placer claims, in addition to proof of a 

discovery, each 10 acres must be shown to be mineralin-character (there is a reasonable expectation of 

further economic mineral under these lands).

Mineral-in-character may be based on geologic 

inference from adjoining lands and a reasonable 

opportunity for profitable extraction. An actual exposure 

of the valuable mineral deposit is not necessary. 

Mineral-in-character may be used to show the potential 

extent of the valuable mineral deposit on the claim(s) 

but cannot be used alone for such purposes.

Under the holding in Schlosser v. Pierce, 93 I.D. 211 

(1986), contiguous mining claims on the same mineral 
6

deposit may be grouped together into a logical mining 

unit and evaluated as an economic unit. Each claim 

must still contain a physical exposure of the orebearing mineral deposit whose value meets or exceeds 

the cutoff grade for the mining of the mineral deposit 

as a whole.
7

Explanation of 

“Location”

Mining Claims and Sites

A person who is a citizen of the 

United States or who has declared 

an intention to become a citizen with the U.S. 

Citizenship and Immigration Services may locate and 

hold a mining claim or site. A corporation organized 

under state law is considered a citizen and may locate 

and hold a mining claim or site. A corporation is held 

to the same standards as a citizen. There is no limit to 

the number of claims and sites that one may hold as a 

qualified claimant, as long as the requirements of the 

Mining Law have been met.

A mining claim is a selected parcel of federal land, 

valuable due to a specific mineral deposit or deposits, 

for which one has asserted a right of possession 

under the Mining Law. Rights are restricted to the 

development and extraction of a mineral deposit. 

The rights granted by a mining claim protect against 

a challenge by the United States and other claimants 

only after the discovery of a valuable mineral deposit. 

The two types of mining claims are lode and placer. In 

addition, mill sites and tunnel sites may be located to 

provide support facilities for lode and placer mining 

claims (43 CFR 3832). Mining claims may only 

be located in areas open to mineral entry. It is the 

locator’s responsibility to make this determination by 

reviewing all available and relevant land records.

Lode claims cover veins or lodes with well-defined 

boundaries that include other rock-in-place bearing 

valuable mineral deposits. Examples include 

quartz or other veins bearing gold or other metallic 

mineral deposits and large volume (but low grade) 

disseminated metallic deposits, such as Carlin-type 

gold deposits and copper-bearing granites.
8

Lode claims are usually located as parallelograms with 

the side lines parallel to the vein or lode (see Figure 1). 

The land is described by a metes and bounds survey 

(giving the length and compass bearing of each 

boundary line from a central point or monument to 

each corner post, and then sequentially around the 

perimeter of the claim). Federal statute limits a lode 

claim to a maximum of 1,500 feet in length along 

the vein or lode. The width is a maximum of 600 feet 

(300 feet on either side of the center line of the 

vein or lode). The end lines of the lode claim must be 

parallel to qualify for underground extralateral rights. 

Extralateral rights involve the rights to minerals in vein 

or lode form that extend at depth outside the vertical 

boundaries of the claim (43 CFR 3832, Subpart B).

Figure 1. Drawing of an ideal lode mining claim (metes and 

bounds survey method).

Placer claims cover all those deposits not subject 

to lode claims. Placer is a surface mineral deposit 

formed by the concentration of small particles or 

heavy minerals. Originally, placer claims included only 

deposits of mineral-bearing sand and gravel containing 

free gold or other detrital minerals. By congressional 
9

acts and judicial interpretations, many nonmetallic 

bedded or layered deposits, such as gypsum and highcalcium limestone, are located as placer claims. 

Where possible, placer claims are to be located by 

legal subdivision, such as the E1/2 NE1/4 NE1/4, 

Section 20, Township 10 South, Range 21 East, Mount 

Diablo Meridian (30 U.S.C. § 35 and 43 CFR 3832, 

Subparts A and B). An individual may claim a placer 

claim with a maximum size of 20 acres (see Figure 2). 

An association of two locators may locate 40 acres, 

and three may locate 60 acres, etc. The maximum area 

of an association placer claim permitted by law is 

160 acres for eight or more persons.

Figure 2. Drawing of a section of land showing different 

sizes of placer mining claims and a mill site. The 

legal description method is based on the Public 

Land Survey System.

660'
10

Figure 3. Example of methods of monumenting mining 

claims. State laws may vary.

Mill sites must be located on nonmineral land and 

must be noncontiguous to the lode or placer with 

which it is associated. The mill site may be located in 

the same manner as a lode or a placer mining claim. 

Its purpose is to either:

• Support a lode or placer claim mining operation; or

• Support itself independent of any particular claim 

by custom milling or reduction of ores from one or 

more mines.

A mill site must either include a mill for grinding, 

crushing, flotation, or chemical processing of ores or a 

The maximum size of a placer claim for a corporation 

is 20 acres per claim. Corporations may not locate 

association placer claims unless they are in association 

with other private individuals or other corporations as 

co-locators (43 CFR 3832, Subpart B).

Most state laws require conspicuous and substantial 

monuments for all types of claims and sites (see 

Figure 3). Please note that each state may have other 

requirements for monuments. Due to wildlife fatalities, 

the BLM does not allow the use of perforated or 

uncapped pipes as monuments, corner posts, or side line 

posts. All monuments should be wildlife safe. Be sure 

to consult state law to verify which wildlife-safe markers 

are allowable where your mining claim or site is located.
11

reduction works for chemical processing of ores, siting 

of furnaces, and related facilities. Related facilities 

may include those needed to reasonably support a 

mining operation, including tailing impoundments, 

waste dumps, and leach pads. Mill sites are described 

either by metes and bounds surveys or by legal 

subdivision. The maximum size of a mill site is 5 acres 

(see Figure 2). A claimant may hold as many mill sites 

as necessary for the support of the mining operation 

(43 CFR 3832, Subpart C).

Tunnel sites are tunnels excavated to develop a vein or 

lode. They are also used for the discovery of unknown 

veins or lodes. To locate a tunnel site, place two stakes 

up to 3,000 feet apart on the surface axis of the 

proposed tunnel. The compass bearing and distance 

of the tunnel must be posted at the entrance to the 

tunnel. Tunnel sites must be recorded in the same 

manner as lode claims. Some states require additional 

center line stakes (e.g., in Nevada, center line stakes 

must be placed at 300-feet intervals).

Lode claims must be located over any or all blind (not 

known to exist at the surface) veins or lodes discovered 

by the tunnel in order to maintain possession of the 

lodes or veins. The maximum distance these lode 

claims may cover is 1,500 feet on either side of the 

center line of the tunnel. This, in essence, gives the 

right to prospect underground an area 3,000 feet 

wide and 3,000 feet long. Any mining claim located 

for a blind lode discovered while driving a tunnel will 

have the same location date as the date of the location 

of the tunnel site (43 CFR 3832, Subpart D).

Federal Lands Open to Mining

Mining claims or sites may be located in 19 states, 

including Alabama, Alaska, Arizona, Arkansas, 

California, Colorado, Florida, Idaho, Mississippi, 

Montana, Nebraska, Nevada, New Mexico, North 

Dakota, Oregon, South Dakota, Utah, Washington, 

and Wyoming. The BLM manages the surface of 

public lands in these states, and the U.S. Forest 
12

Service (USFS) manages the surface of National 

Forest System lands. The BLM is responsible for 

the subsurface minerals on both its public lands and 

National Forest System lands.

Mining claims and sites may be prospected and 

located on lands open to mineral entry. Claims may 

not be located in areas closed to mineral entry. Subject 

to valid existing rights, these areas are withdrawn from 

further location of mining claims or sites.

Areas withdrawn from mineral entry include national 

parks, national monuments, American Indian 

reservations, most Bureau of Reclamation projects, 

military reservations, scientific testing areas, most 

wildlife protection areas (such as national wildlife 

refuges), lands withdrawn pursuant to FLPMA 

(Section 204), and lands withdrawn from mineral 

entry for other reasons. Lands withdrawn for power 

development are subject to mining location and entry 

only under certain conditions.

Mining claims may not be located on lands that 

have been:

• Designated by Congress as part of the National 

Wilderness Preservation System

• Designated as a wild portion of a wild and scenic river

• Withdrawn by Congress for study as a wild and 

scenic river

There is usually a 1/4-mile buffer zone withdrawn 

from location of mining claims or sites from either side 

of a river while the river is being studied for inclusion 

in the National Wild and Scenic Rivers System. 

Additions to the National Wilderness Preservation 

System are withdrawn to mining claim and site 

location at the time of designation by Congress. 

Mining activities are permitted only on those mining 

claims from which proof can be shown that a discovery 

was made before the date of designation as wilderness 
13

by Congress. Lands patented under the Stock Raising 

Homestead Act of 1916, as amended, are open to 

location but may be entered, and mining claims 

located only under special procedures (43 CFR 3838) 

may be entered.

Staking a Mining Claim or Site

Federal law simply specifies that claim and site 

boundaries must be distinctly and clearly marked to 

be readily identifiable on the ground (43 CFR 3832). 

The Mining Law allows states to establish additional 

laws regarding the manner in which mining claims 

and sites are located and recorded. State location 

requirements may include placement, size, and 

acceptable materials for a corner post or a discovery 

monument. Check with the proper state agency 

before locating mining claims. State agencies may 

include the state’s geological survey, mineral resource 

department, lands commission, or department of 

environmental protection.

Generally, staking a mining claim requires:

• Erecting corner posts or monuments (see Figure 3)

• Posting a notice of location on a post or monument 

in a conspicuous place—usually the point of 

discovery (see Figures 1 and 2)

• Complying with federal requirements at 43 CFR 

3830, 3832, and 3833

The conspicuous place on the mining claim is usually 

the point of discovery. The discovery point must be 

tied to some well-known, permanent object. Examples 

of permanent objects include an existing cadastral 

survey monument, a benchmark, a bridge, the fork of 

a stream, or a road intersection. Several states also 

require side line or end line posts or monuments for 

claims. Mining claims and sites described by legal 

subdivision in some states do not require the erection 

of corner monuments (see Figure 2). However, all 

mining claims and sites must have a location or 
14

discovery monument. Be sure to check what the law 

requires in the state where the mining claims and sites 

are to be located.

For a specific tract of land, check the official land 

records at the BLM state or field office responsible 

for administering the land area. Rather than looking 

randomly through the records for lands open to 

location, it is better to restrict your search to a specific 

area of interest. Topographic maps of the area 

(published by the U.S. Geological Survey) provide the 

legal description (meridian, township, range, section) 

of such lands. Visit the local BLM state or field office, 

and check maps, BLM master title plats, mining 

claim records, and files. Ultimately, it is the claimant’s 

responsibility to determine if there are prior existing 

mining claims on the ground and if the land is open to 

mineral location.
15

Recording a Mining 

Claim or Site

As established by Section 314 of 

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. In Alaska, claims 

and sites can also be recorded with the BLM district 

office located in Fairbanks.

County: State laws require filing the original location 

notice or certificate in the county recorder’s office, county 

clerk’s office, or borough office. The proper county or 

borough is the one in which the claim or site is located. 

Each state has its own requirement for when a location 

notice must be filed and recorded. The maximum period 

is 90 days from the staking of a claim or site on the 

ground. However, some states require earlier filings, such 

as 30 or 60 days from the date of location.

Location notices must contain the following basic 

information (43 CFR 3832, Subpart A, and 43 CFR 

3833, Subpart A):

• The date of location on the ground

• The names and individual mailing addresses of the 

locator(s)

• The name of the claim or site

• The type of claim or site (lode or placer claim or mill 

site or tunnel site)

• The acreage claimed

• A description of the parcel on the ground

Local printing companies, office supply stores, 

stationery stores, appropriate state agencies, and BLM 

offices are some sources where state location notices 

and certificate forms might be obtained.

BLM: FLPMA (43 U.S.C. § 1744) requires claimants 

to file a copy of the official record of notice or 
16

certificate of location with the BLM within 90 days 

after the date of location. Claimants must record 

any amendments (changes) in claim boundaries and 

any changes in ownership with the BLM. Claimants 

are also required to submit a map of the claim or 

site boundaries. Other documents filed under state 

law must also accompany the copy of the official 

record filed with the BLM. Even if state law does 

not require recording, claimants must still file the 

proper documents with the BLM. Federal recording 

regulations in 43 CFR 3833 specify the information 

required. These requirements may also be obtained 

from BLM state or field offices. A nonrefundable 

processing fee is required to record each new location, 

along with a location fee and initial maintenance 

fee. These fees are due at the time of recording. See 

www.blm.gov/miningclaimsfees for the schedule of 

fees. FLPMA requires a finding of abandonment 

if claimants fail to record with the BLM, county, or 

borough within the prescribed 90-day period. A 

separate location notice must be used for each mining 

claim, mill, or tunnel site.

Amendments and Transfers of Interest: Legal 

interest in a properly recorded mining claim or site 

may be conveyed in its entirety or in part. Generally, a 

quitclaim deed or other type of recordable conveyance 

document (this is governed by state law) is needed for 

this transfer of legal interest (43 CFR 3833, Subpart 

C). An amended location notice is necessary to show 

changes in the description of a claim or site but cannot 

be used for a transfer of ownership (43 CFR 3833, 

Subpart B). Transfer and amendment documents 

must be filed with the proper county and BLM state 

office. Amendment documents must be filed with 

the proper BLM state office within 90 days after the 

amendment is recorded with the county office. The 

BLM requires a nonrefundable processing fee to file 

amendments and transfers of interest for each mining 

claim or site. See www.blm.gov/miningclaimsfees 

for the schedule of fees. Failure to file a transfer of 

interest will result in the BLM only recognizing the 
17

last owner of record as the responsible party for 

maintaining the mining claim or site. No notification 

of any action or contest initiated by the United States 

will be served on the new owners until the transfer 

of interest is filed with the BLM. Failure to file the 

transfer of interest provides no legal defense against 

failure to be properly served.

Abandonment or Relinquishment: If claimants 

abandon a mining claim or site or relinquish it to the 

Federal Government, they should file a notice with 

the proper county or borough office and the BLM 

state office. No particular form is required; a letter is 

acceptable. Be sure to include the claim or site name 

and the BLM serial number. There is no fee to file 

these documents.

THE PROPER BLM STATE OFFICE IS THE ONLY 

OFFICIAL FILING OFFICE FOR THE FEDERAL 

GOVERNMENT. The only exception is the BLM 

district office in Fairbanks, Alaska, which is also a 

filing office.

19

Maintenance of 

a Mining Claim 

or Site

If claimants have a legal interest in 

10 or fewer mining claims nationwide and 

also meet certain other requirements, they have the 

option to perform assessment work and file evidence 

of the assessment work as described in the next 

section (43 CFR 3835). All other claimants must 

pay the BLM an annual maintenance fee per claim or 

site. Claimants must either pay the required fees or, if 

qualified, file for a waiver from payment of fees on or 

before September 1 of each year. Failure to pay the fee 

or file a waiver request by September 1 results in the 

claim or site becoming forfeited by operation of law 

(43 CFR 3834, 3835, and 3836).

If claimants have received the first half of the 

mineral entry final certificate for a mineral patent 

application, they are exempted from payment of fees 

or performance of assessment work (43 CFR 3835). 

This requirement is reinstated upon cancellation of 

the final certificate by the BLM or upon withdrawal of 

the application.

Annual Assessment Work

If claimants have an interest in 10 or fewer claims 

nationwide, they may elect to request a fee waiver 

from payment of the maintenance fee. If claimants 

are granted a fee waiver, they must perform annual 

labor (assessment work) or make improvements worth 

at least $100 each year for each mining claim held. 

Assessment work is work or labor that a claimant 

performs that develops the claim for production 

(43 CFR 3836). Geological, geophysical, and 

geochemical surveys may qualify as assessment work 

for a limited period. Use of these surveys requires the 

filing of a detailed report, including basic findings. 
20

Most state laws require the annual filing of an affidavit 

of assessment work with the proper county or borough, 

if the claimant performed the work. FLPMA requires 

the filing of an affidavit of annual assessment work 

with both the local county or borough office and the 

proper BLM state office if the claimant elected to 

request a waiver from payment of the maintenance 

fees. The affidavit or proof of labor must be filed on 

or before December 30 following the filing of a waiver 

in the proper BLM state office and in the county or 

borough recorder’s office.

There is no requirement for assessment work for 

owners of mill or tunnel sites. If covered by a waiver, 

a claimant must file a notice of intention to hold the 

site(s) with the BLM. If not covered by a waiver, a 

claimant must pay the maintenance fee. For mill sites 

and tunnel sites, the need to file with the county or 

borough is controlled by state law.

Performance of assessment work must be within 

a certain period, referred to as the assessment 

year. The assessment year begins at 12:01 a.m. each 

September 1 and ends at midnight August 31 the next 

year (43 CFR 3836). Assessment work is not required 

to be performed during the first assessment year in 

which a claim is located.

A “notice of intention to hold” a mining claim or site 

is a letter or notice signed by the claimant or their 

agent. It satisfies the recording requirement in those 

circumstances in which an affidavit of labor cannot be 

filed, but an annual statement is required under state 

or federal law. The statement must include the name 

and BLM serial number assigned to each claim or site 

and any change in mailing address of the claimant(s).

The BLM may grant a “temporary deferment of 

assessment work” to owners of 10 claims or less under 

certain conditions (43 CFR 3836, Subpart B) that 

restricts or denies legal access to a mining claim (e.g., a 
21

landowner, including the BLM, refuses to grant access; 

or some other legal impediment prevents access).

There is no particular form for a petition for deferment 

of assessment work. The petition can simply be 

a letter to the BLM signed by at least one of the 

owners of the claim and must fully explain the legal 

obstacles preventing access and the actions that 

have been taken to obtain access. The petition must 

include the name(s) and BLM mining claim serial 

number(s) and the assessment year to be deferred. 

A copy of the notice to the public recorded with the 

county or borough must accompany the petition. A 

nonrefundable processing fee must accompany the 

petition for deferment of assessment work. See 

www.blm.gov/miningclaimsfees for a schedule of fees.

A deferment may not exceed one assessment year 

but may be renewed for one additional year upon 

request and upon approval by the BLM if the legal 

impediment still exists. A notice of intent to hold 

must be filed with the BLM and the county or 

borough by December 30, which refers back to the 

granted deferment by the BLM serial number and 

date granted. When the deferment expires, all back 

assessment work or fees are due.

County: Each state has its own deadline for filing an 

affidavit of assessment work or notice of intent to 

hold. Most states require filing within 30 to 90 days 

after the end of the assessment year (September 1). 

Therefore, it is important for claimants to check the 

requirements for filing periods in the state where the 

claims are located.

BLM: File a copy of any of the previously mentioned 

documents that you record or will record with the 

county or borough with the BLM as well. Even if a 

state does not have a filing requirement, claimants 

must still file with the BLM. The deadline for filing 

with the BLM is on or before December 30.
22

A nonrefundable processing fee for each mining claim 

and site must accompany the affidavit or notice. See 

www.blm.gov/miningclaimsfees for a schedule of fees.

If claimants fail to file these documents within the 

prescribed period, the claim or site is forfeited and void 

by operation of law (43 CFR 3835, Subpart D).

THE PROPER BLM STATE OFFICE IS THE ONLY 

OFFICIAL FILING OFFICE FOR THE FEDERAL 

GOVERNMENT. The only exception is the BLM 

district office located in Fairbanks, Alaska, which is 

also a filing office.

Surface Management

Most federal agencies have regulations to protect the 

surface resources of federal lands during exploration 

and mining activities. After completion of exploration 

and mining activities, disturbed sites must be 

reclaimed; most state governments have mining 

and reclamation requirements that must be met. To 

avoid duplication of requirements, several states have 

entered into cooperative agreements with federal 

agencies. Check with federal and state agencies to 

determine the proper lead agency before submitting 

permit applications.

USFS: Exploration and mining activities are 

administered by the USFS by regulations of the 

Secretary of Agriculture contained in 36 CFR 228, 

Subpart A. These regulations require that if a proposed 

operation could likely cause “significant disturbance 

of surface resources” the operator must submit an 

operating plan. If wishing to prospect, explore, and 

develop claims or sites in national forests, contact the 

local district ranger about operating plans.

BLM: Exploration and mining activities on BLMadministered land are controlled by the regulations 

of the Secretary of the Interior contained in 43 CFR 

3710, Subpart 3715, and 43 CFR 3800, Subpart 

3809, and on wilderness study area lands in 43 CFR 
23

3800, Subpart 3802. Claimants are required by 

these regulations to prevent unnecessary or undue 

degradation of the land. For activities other than 

casual use, claimants are required to submit either a 

notice or a plan of operations. A plan of operations 

is required where activities involve the surface 

disturbance of more than 5 acres. Notices are required 

for exploration activities disturbing 5 acres or less. 

Both plans of operations and notices must include a 

reclamation plan.

Casual-use activities are those that cause only 

negligible disturbance of public lands and resources. 

For example, activities that do not involve the use 

of earthmoving equipment or explosives may be 

considered casual use. For most types of casual-use 

activities, there is no requirement for notifying the 

BLM. However, State Directors may establish specific 

areas where the cumulative effects of casual use 

have resulted in, or are expected to result in, more 

than negligible disturbance, and the BLM must be 

contacted 15 calendar days before beginning activities 

to determine whether the individual or group must 

submit a notice or plan of operations (43 CFR 

3809.31(a)). Contact the local BLM office for the 

boundaries of these State Director-designated areas.

Those involved in operations using a suction dredge 

must contact the BLM before beginning activities to 

determine whether such activities constitute casual 

use or if a notice or plan is required. If the proposed 

suction dredging is located within any lands or 

waters known to contain federally proposed or listed 

threatened or endangered species or their proposed 

or designated critical habitat, regardless of the level 

of disturbance, individuals must not begin operations 

until the BLM completes consultation required under 

the Endangered Species Act. If the state requires 

an authorization for suction dredging and the BLM 

and the state have an agreement under 43 CFR 

3809.200 addressing suction dredging, then the 

individual need not submit to the BLM a notice or 
24

plan of operations, unless otherwise required by the 

BLM/state agreement.

Claimants are required to reclaim any surfacedisturbing activity, even if the claim or site is declared 

abandoned and void or forfeited by the BLM. 

Reclamation is also required if claimants relinquish 

the claim or site to the Federal Government. The 

BLM requires a reclamation bond or other financial 

security prior to approving a plan of operations or 

allowing operations under a notice to proceed. Surface 

management actions are processed at the local level. 

Therefore, claimants should contact the proper BLM 

field office for questions concerning plans of operation.

States: Be aware that many states have their own 

mining and reclamation laws. Many also have their own 

environmental laws to regulate air, water pollution, 

and use of hazardous materials. Some states, such 

as Alaska, California, and Oregon, require a permit 

for use of suction dredges. Similarly, construction 

activities usually require meeting the standards of 

a county code, as well as state public health and 

safety standards. Some states have entered into a 

memorandum of understanding or a cooperative 

agreement with the BLM and the USFS. These 

agreements reduce duplication by the operator and 

federal and state agencies in enforcing rules. For these 

reasons, claimants should inquire about state and 

local requirements before mining on public lands and 

National Forest System lands.

The Federal Government maintains the right to 

manage the surface and surface resources on mining 

claims and sites located under the Mining Law. This 

includes the use of the area for public recreational and 

resource management purposes that do not materially 

interfere with an ongoing mining activity.

The public has the conditional right to cross mining 

claims or sites for recreational and other purposes and 

to access federal lands beyond the claim boundaries. 
25

The right of access to a mining claim or site across 

federal lands does not mean that one has a right to 

cause unnecessary or undue degradation of the surface 

resources. Individuals are liable if found responsible 

for unnecessary loss of or damage to property of the 

United States.

Claimants may not construct permanent or mobile 

structures or store equipment without the prior 

approval of an authorized federal official. Intermittent 

or casual mineral exploration and development do not 

normally justify the use of such structures (43 CFR 

3710, Subpart 3715).

Mining claims and sites located on lands after the 

effective date of a withdrawal are null and void from 

the beginning. No rights are obtained by claims or 

sites declared null and void by the BLM. However, a 

claim or site located before a withdrawal is considered 

a potential valid existing right. To have valid existing 

rights in this situation, a valuable mineral deposit must 

have been discovered before the date of withdrawal. 

Individuals who disturb resources after the effective 

date of withdrawal and who do not have valid existing 

rights may be considered in trespass and can be held 

liable for trespass damages. In addition, trespassers 

may be fined and sentenced to a term in jail.

27

Mineral Patents

NOTE: Since October 1, 1994, 

the BLM has been prohibited 

by acts of Congress from 

accepting any new mineral patent 

applications. The moratorium has been 

renewed annually through the various Interior 

Appropriations Acts, and the duration of this 

moratorium is unknown.

A patented mining claim or mill site is one for which 

the Federal Government has conveyed title to the 

claimant, making it private land. Individuals may mine 

and remove minerals from a mining claim without 

a mineral patent. However, a mineral patent gives 

exclusive title to the locatable minerals and, in most 

cases, also grants title to the surface. Requirements 

for filing mineral patent applications may be found 

in 43 CFR 3860 and at BLM state offices. Mineral 

patents can be issued for lode claims, placer claims, 

and mill sites but not for tunnel sites.

Applications for mineral patents (43 CFR 3860, 

Subparts 3861-64) consist of statements, 

documentation, and proofs relative to each individual 

claim or site and require claimants to demonstrate the 

existence of a valuable mineral deposit that satisfies 

the prudent man rule and test of marketability or use 

and occupancy. In addition, claimants must:

• Have the claim surveyed (if it is a lode claim, a 

claim described by a metes and bounds survey, or 

a claim situated on unsurveyed land) by a U.S. 

deputy mineral surveyor selected from a roster 

maintained by the BLM state office (43 CFR 

3860, Subpart 3861)

• Pay the BLM a nonrefundable processing fee (see 

43 CFR 3000.12(a) for the current fee schedule)

• Show the BLM a complete title to the mining claim 

or mill site
28

• Post a “notice of intent to patent” on the claim 

or site and publish it as a legal notice in a local 

newspaper selected by the BLM for a 60-day 

period (43 CFR 3860, Subpart 3862)

• Show the BLM proof that not less than $500 

worth of development work or improvements have 

been made to benefit each claim

• Show the BLM proof of discovery of a valuable 

mineral deposit for mining claims and proper use or 

occupancy for mill sites

A BLM land law examiner will adjudicate the 

application, and a federally certified mineral examiner 

will conduct an on-the-ground examination of the 

mining claim(s) to verify that a discovery of a valuable 

mineral has been made. For mill sites, an examination 

is made to verify proper use or occupancy and the 

mineral character of the land. This is documented 

in a formal mineral report. If all the requirements of 

the mining law and regulations have been satisfied, 

claimants may purchase the claim(s) or site(s) at the 

following rates: lode claims at $5 per acre, placer 

claims at $2.50 per acre, custom mill sites and mill 

sites associated with lode claims at $5 per acre, and 

mill sites associated with placer claims at $2.50 per 

acre. A mineral patent must then be issued, as required 

by the mining law.

THE PROPER BLM STATE OFFICE IS THE ONLY 

OFFICIAL FILING OFFICE FOR THE FEDERAL 

GOVERNMENT. The only exception is the BLM 

district office in Fairbanks, Alaska, which is also a 

filing office.
29

BLM Land and 

Mineral Records

BLM state offices are the only 

place where the complete set of land 

and mineral records for federal lands 

in a particular state, including mining claim 

records, are filed and available for public inspection. 

The BLM also maintains its files in electronic format 

in a system known as the Legacy Rehost 2000 

System (LR2000) and is accessible online at https://

www.blm.gov/lr2000/. This system may be accessed 

through terminals located in BLM information 

access centers. In Alaska, the Alaska Case Retrieval 

Enterprise System maintains the electronic record 

and is accessible online at https://sdms.ak.blm.gov/

acres/acres_menu. It is also available in the information 

access centers in the Alaska State Office in Anchorage 

and the BLM district office in Fairbanks. The USFS 

does not keep the official land and mineral records 

for the national forests; they are deposited with the 

proper BLM state office.

Federal land records include land status plats 

(i.e., master title plats or MTPs), land survey notes 

and maps, mineral survey notes and maps, historical 

indexes, and the BLM Control Document Index. 

The Control Document Index is a microfilm copy of 

all grants, deeds, patents, rights-of-way, and other 

official actions that occurred on the lands under 

the administration of that BLM state office. It is 

organized by legal land description only. The BLM 

(except for Alaska) publishes a series of multicolored 

surface and mineral management maps, which depict 

the ownership pattern of federal lands and may be 

purchased at most BLM offices.

31

More 

Information

Sources of Information

BLM: The BLM has been delegated 

by the Secretary of the Interior with 

the primary responsibility for administering the laws 

and regulations regarding the disposal of all minerals 

from all federally owned lands. The BLM’s statutory 

authority here is derived from the Mining Law of 1872, 

as amended (30 U.S.C. §§ 22 et seq.), the original 

public land authority in 43 U.S.C. Chapters 2 and 

15 and 43 U.S.C. §§ 1201 and 1457, and FLPMA 

(43 U.S.C. 1701 et seq.). These statutes, together 

with the implementing regulations (43 CFR Group 

3700 and Part 3800) and numerous judicial and 

administrative decisions that have interpreted them, 

make up the body of the mining law system. These 

laws may be examined in most BLM state offices, 

online, or in most public libraries. For information 

concerning BLM regulations and public lands open to 

mining in specific areas, contact the proper BLM state 

or local office. BLM state office locations are listed in 

the back of this pamphlet.

USFS: For information regarding federal land within 

the National Forest System and USFS surface 

management regulations (36 CFR 228, Subpart A), 

contact the appropriate USFS regional or local ranger 

district office. USFS regional office locations are listed 

in the back of this pamphlet.

State: Information on state and local requirements 

and cooperative agreements between the state, BLM, 

and USFS may be obtained at local BLM and USFS 

offices. Otherwise, contact the appropriate state or 

local agency.
32

Geology and Minerals, Topographic Maps, 

and Mining Technology

U.S. Geological Survey (USGS): The USGS publishes 

many topographic maps, geologic maps, and reports. 

To learn how to obtain these maps and related 

materials, call 1-888-ASK-USGS (275-8747). In 

addition, USGS publications can be obtained online at:

https://answers.usgs.gov

and

https://store.usgs.gov

State: Information concerning state mining laws and 

regulations that supplement the Mining Law of 1872, 

as amended, plus information concerning the geology 

and minerals of specific areas in a state, can be 

obtained from state geologists, geological surveys, or 

mining departments.
33

Bureau of Land Management 

State Offices

Nevada

1340 Financial Blvd.

Reno, NV 89502

(775) 861-6500

New Mexico

301 Dinosaur Trail

Santa Fe, NM 87508

(505) 954-2000

Oregon/Washington

1220 S.W. 3rd Ave.

Portland, OR 97204

(503) 808-6001

Utah

440 West 200 South

Suite 500

Salt Lake City, UT 84101

(801) 539-4001

Wyoming

5353 Yellowstone Rd.

Cheyenne, WY 82009

(307) 775-6256

National Office

1849 C St. NW

Room 5665

Washington, DC 20240

(202) 208-3801

Alaska

222 W. 7th Ave. #13

Anchorage, AK 99513

(907) 271-5960

Arizona

One North Central Ave.

Suite 800

Phoenix, AZ 85004-4427

(602) 417-9200

California

2800 Cottage Way

Suite W-1623

Sacramento, CA 95825

(916) 978-4400

Colorado

2850 Youngfield St.

Lakewood, CO 80215

(303) 239-3600

Eastern States

20 M St. SE

Suite 950

Washington, DC 20003

(202) 912-7700

Idaho

1387 S. Vinnell Way

Boise, ID 83709

(208) 373-4000

Montana/Dakotas

5001 Southgate Dr.

Billings, MT 59101

(406) 896-5000

www.blm.gov

35

U.S. Forest Service

Regional Offices

Southern Region

(Region 8)

1720 Peachtree Rd., NW

Atlanta, GA 30309

(404) 347-4177

Eastern Region (Region 9)

626 East Wisconsin Ave.

Milwaukee, WI 53202

(414) 297-3600

Alaska Region (Region 10)

P.O. Box 21628

Juneau, AK 99802-1628

(907) 586-8806

National Office

1400 Independence Ave. SW

Washington, DC 20250-1111

(800) 832-1355

Northern Region

(Region 1)

26 Fort Missoula Road

Missoula, MT 59804

(406) 329-3511

Rocky Mountain Region 

(Region 2)

1617 Cole Blvd., Bldg. 17

Lakewood, CO 80401

(303) 275-5350

Southwestern Region 

(Region 3)

333 Broadway SE

Albuquerque, NM 87102

(505) 842-3292

Intermountain Region 

(Region 4)

Federal Building

324 25th St.

Ogden, UT 84401

(801) 625-5605

Pacific Southwest Region 

(Region 5) 

1323 Club Dr.

Vallejo, CA 94592

(707) 562-8737

Pacific Northwest Region 

(Region 6)

1220 SW 3rd Ave.

Portland, OR 97204

(503) 808-2468

www.fs.fed.us

The mention of company names, trade names, or 

commercial products does not constitute endorsement or 

recommendation for use by the Federal Government.