What Is A Mining Claim?
Types of Claims:
PATENTED MINING CLAIM:
A patented mining claim is one for which the Federal Government has passed its title to the claimant, making it private land. A person may mine and remove minerals from a mining claim without a mineral patent. However, a mineral patent gives the owner exclusive title to the locateble minerals. It also gives the owner title to the surface and other resources.With a Patented Cailm: You own the Land as well as the minerals.
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 Act. It is unknown how long this moratorium will continue.
UNPATENTED MINING CLAIM:
An Un-patented mining claim is a particular parcel of Federal land, valuable for a specific mineral deposit or deposits. It is a parcel for which an individual has asserted a right of possession. The right is restricted to the extraction and development of a mineral deposit. The rights granted by a mining claim are valid against a challenge by the United States and other claimants only after the discovery of a valuable mineral deposit. With a Unpatented Claim: You are leasing, from the government, the right to extract minerals. No land ownership is conveyed.
There are two MAIN types of mining claims, lode and placer.
Lode Claims:
Deposits subject to lode claims include classic veins or lodes having well-defined boundaries. They also include other rock in-place bearing valuable minerals and may be broad zones of mineralized rock. Examples include quartz or other veins bearing gold or other metallic minerals and large volume but low-grade disseminated metallic deposits. Lode claims are usually described as parallelograms with the longer side lines parallel to the vein or lode . Descriptions are by metes and bounds surveys (giving length and direction of each boundary line). Federal statute limits their size to a maximum of 1,500 feet in length along the vein or lodge. Their width is a maximum of 600 feet, 300 feet on either side of the centerline 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 that extend at depth beyond the vertical boundaries of the claim. (43 CFR 3841)
Placer Claims:
Mineral deposits subject to placer claims include all those deposits not subject to lode claims. Originally, these included only deposits of unconsolidated materials, such as sand and gravel, containing free gold or other minerals. By Congressional acts and judicial interpretations, many nonmetallic bedded or layered deposits, such as gypsum and high calcium limestone, are also considered placer deposits. Placer claims, where practicable, are located by legal subdivision of land(for example: the E 1/2 NE 1/3 NE 1/4, Section 2, Township 10 South, Range 21 East, Mount Diablo Meridian). The maximum size of a placer claim is 20 acres per locator. (43 CFR 3842)
Other Claim Types:
Mill Sites:
Mill Sites may be located in connection with a placer or lode claim for mining and milling purposes .A mill site must be located on non-mineral land. It's purpose is to either (1) support a lode or placer mining claim operation or (2) support itself independent of any particular claim. A mill site must include the erection of a mill or reduction works and/or may include other uses reasonably incident to the support of a mining operation. Descriptions of mill sites are by metes and bounds surveys or legal subdivision. The maximum size of a mill site is 5 acres. (43 CAR 3844)
Tunnel Sites:
A tunnel site is where a tunnel is run to develop a vein or lode. It may also be used for the discovery of unknown veins or lodes. To stake a tunnel site, two stakes are placed up to 3,000 feet apart on the line of the proposed tunnel. Recordation is the same as a lode claim. Some States require additional centerline stakes (for example, in Nevada centerline stakes must be placed at 300-foot intervals). An individual may locate lode claims to cover any or all blind (not known to exist) veins or lodes intersected by the tunnel. The maximum distance these lode claims may exist is 1,500 feet on either side of the centerline of the tunnel. This, in essence, gives the mining claimant the right to prospect an area 3,000 feet wide and 3,000 feet long. Any mining claim located for a blind lode discovered while driving a tunnel relates back in time to the date of the location of the tunnel site. (43 CAR 3843)
WHAT MUST I DO TO MAINTAIN A CLAIM?
*Referenced from LOCATION AND VALIDITY OF MINING CLAIMS IN THE STATE OF CALIFORNIA (2006 EDITION)
WHO MAY OWN A MINING CLAIM?
Any citizen of the United States, a minor who has reached the age of discretion, a corporation, and non-citizens (aliens) who have declared their intention to become a citizen. (43 CFR 3832.1)
Once a claim/site is serialized, an annual filing must be made on or before September 1, of each year to maintain the claim/site. You must either pay the $125 maintenance fee payment or those claimants having 10 or fewer claims/sites may choose to file the maintenance fee payment waiver certification (small miners waiver). If you choose to file a small miners waiver, then you must also perform $100 worth of labor or improvements on all placers or lode claims during the assessment year (September 1, noon through September 1, noon). An Assessment Work Notice (Proof of Labor) form must be filed on or before December 30, along with the $10 filing fee per claim. For mill/tunnel sites, a Notice of Intent to Hold must be filed on or before December 30, along with the $10 filing fee per site. To learn more about mining claims/sites filing instructions, contact us or visit the BLM web page mining facts. Prices may have changes since the copyright of this page, please contact BLM for updated prices.
WHAT IS A SMALL MINERS WAIVER?
A small miners waiver is short for maintenance fee payment waiver certification. A small miners waiver may be filed by those claimants holding 10 or fewer claims/sites, instead of paying the $135 maintenance fee by September 1, of each year. If you choose to file a small miners wavier you must also perform assessment work and file an assessment work notice by December 30, of each year. (43 CAR 3833.1-5 and 43 CAR 3833.1-6)
WHAT QUALIFIES AS ASSESSMENT WORK?
Some of the activities that qualify for assessment work are construction and maintenance of access roads, development drilling and sampling, and buildings that benefit the claim. For more information about what qualifies as assessment work please contact your local BLM office.
BLM California State Office
2800 Cottage Way, Room W-1834 Sacramento, CA 95825-1886
Phone: 916-978-4400
http://www.ca.blm.gov
CONTACTS |
Robert 702-376-9725 818-326-2823 Douglas 661-821-0073 |
