How the BLM Mining Claim Process Works

The Bureau of Land Management (BLM) oversees mining claims on public lands in the United States. If you are unfamiliar with the process, here’s a step-by-step breakdown:

1. Understanding Public Lands and Mining Claims

Certain public lands managed by the BLM are open for locatable mineral exploration under the 1872 Mining Law. This allows individuals or companies to claim mineral rights, but not surface ownership.

2. Researching Available Land

Before staking a claim, a person must research whether the land is:

  • Open to mineral entry (not already claimed or restricted).
  • Located in a known mineral district or has valuable mineral deposits.
  • Not on land reserved for other purposes (such as national parks or private property).

This research is done using BLM’s land records database or by physically checking the land.

NOTE: This website also has a good mining claim map

3. Staking a Mining Claim

To officially stake a mining claim, the prospector must:

  • Mark the claim boundaries using posts or markers.
  • Post a location notice at the claim site.
  • Describe the claim in a written notice, including GPS coordinates or section, township, and range.

There are two main types of claims:

  • Lode Claims – For mineral veins in rock (e.g., gold, silver).
  • Placer Claims – For loose minerals in soil, sand, or gravel (e.g., gold nuggets in a river).

4. Filing the Claim with the County and BLM

Once staked, the prospector must:

  1. File a claim notice with the local county recorder’s office (within 90 days of staking).
  2. Submit paperwork to the BLM within 90 days, including:
    • A Location Notice (description of the claim).
    • A Map of the Claim’s Boundaries.
    • Payment of the recording fees and first-year maintenance fee.

Costs to Start a BLM Mining Claim

Establishing a mining claim on public land involves several fees and expenses, including:

  • Location Fees – When filing a new claim, the claimant must pay a $49 location fee to the BLM.
  • Recording Fees – A $25 processing fee per claim is required.
  • Initial Maintenance Fee – A $200 maintenance fee per claim must be paid at the time of filing.
  • County Recording Fees – Additional fees vary by county and must be paid when recording the claim with the local recorder’s office.

The total cost to stake a new claim with the BLM is $274 (Source)

5. Maintaining the Claim

To keep a mining claim active, the owner must:

  • Pay an annual maintenance fee of $200 per claim to the BLM.
  • OR if the owner has 10 or fewer claims, they may qualify for a Small Miner’s Waiver, which exempts them from the fee but requires proof of annual work.
  • For those using the waiver, they must file either:
    • Proof of Labor – Documenting at least $100 worth of assessment work per claim (e.g., exploration, sampling, or development).
    • Notice of Intent to Hold (NOIH) – If assessment work is not required (e.g., mill sites, tunnel sites).

Failure to meet these requirements can result in claim forfeiture, making the land open for new claims.

6. Claim Rights and Limitations

A valid claim grants the right to extract minerals, but does not allow ownership of the land itself. Any surface disturbances, road-building, or major mining operations require additional permits and environmental assessments.

7. Abandonment or Transfer of Claims

If fees or filings are not maintained, the claim is considered abandoned and returns to public land. Claims can also be sold or transferred to others, but the new owner must update filings with the BLM.