The process of staking a mining claim began in 1849 with the California gold rush, where, in the absence of governmental regulations, miners adopted their own rules to claim and mine land. The law was based on prior appropriation, which means that the first person to put public land to beneficial use was granted a claim. While the regulations have since adapted, the basis of finding a mineral deposit and staking a mining claim, so long as the land is available for such claims and does not have a current active claim, remains essentially the same.
What is Staking a Claim for Mining?
Staking a mining claim is the legal process of claiming the right to extract minerals from a designated area of public land. Mining claims are typically staked on federal lands managed either by the Bureau of Land Management (BLM) or the US Forest Service. In certain situations it is also possible to stake a claim on private land if you seek permission from the landowner and verify that the land has not already been claimed.
There are often regulations in place required before you can start mining your land claim. This may include receiving permits as well as understanding what type of mining is allowed and what type of mining is not allowed. For instance, mining using hand tools with activity that results in no or negligible disturbance of lands or resources may be allowed without a permit. However, there are often additional requirements if you want to use heavy equipment, build ponds or roads, use chemicals or explosives, or use suction dredges, etc.
How do you Stake a Mining Claim?
Find an area of interest. Your first step will be to determine where to search for mineral deposits. A good place to start is by studying historical records and reports of deposit locations. For instance, many gold mining areas are well-documented, making it reasonably easy to locate areas that could potentially have gold. Make sure to look for these in areas open for mineral entry.
Conduct a land status search. Next, you’ll have to verify in more detail that the land is open for mineral entry and that there are no other active claims on the land. This can be complicated since up-to-the-minute information is not always easily accessible. Claim staking service providers like Rangefront Mining Services can help to ensure the parcel is available for a claim.
Map your location and determine your claim type. You will need a notice of location to make your claim as well as determining which type of claim you will use. This is usually a Lode or Placer claim, but could also be a mill or tunnel claim. This step helps you determine the regulations about the size and layout of your claim to advise the physical staking process of the land.
Stake the ground. Each state has different regulations regarding the monuments you can use to mark the boundaries of your claim. Make sure to study local state laws to understand how these must be presented.
File Notice of Location(s). In order for the claim to be valid, you must file a correctly written Notice of Location, also known as a Certificate of Location, within the given time frame. Once you place your monuments, the timeline for filing your notice begins. Time frames vary by state, but are usually between 30-90 days of location. Notice of Location will have to be filed with the county in which your claim is located as well as with the appropriate BLM state agency.
Pay Your Fees. Each of your filings will require a filing fee. There are also annual dues/maintenance fees due with the BLM every year. If you fail to pay these annual fees, your claim can become inactive. There are exemptions available for single locators holding fewer than 10 mining claims throughout the country. If you fall into this category, it’s worth researching to see if you are exempt.
Where to Stake a Mining Claim
The most common place to stake a mining claim is on Federally administrated land. The states with this type of land are:
Alaska
Arizona
Arkansas
California
Colorado
Florida
Idaho
Louisiana
Mississippi
Montana
Nebraska
Nevada
New Mexico
North Dakota
Oregon
South Dakota
Utah
Washington
Wyoming
The Bureau of Land Management (BLM) manages the surface of public land while the Forest Service manages the surface of National Forest System (NFS) land. However, the Bureau of Land Management is responsible for the subsurface on both public and NFS land.
The most common place to make a mining claim is on Forest Service land.
Areas withdrawn from the location of mining claims typically include national parks, national monuments, Indian reservations, reclamation projects (under the Bureau of Reclamation), military reservations, scientific testing areas, vital watershed areas, and wildlife protection areas, as well as areas designated as part of the National Wilderness Preservation System, designated as a wild portion of a Wild and Scenic River, or withdrawn for study as a Wild or Scenic River. There is also typically a ¼-mile buffer zone on either side of a river being studied for inclusion in a Wild and Scenic River
It's important to ensure that there is no prior claim before staking your own claim. This can be checked through BLM records, but the prospector will also want to check for claim markings on the ground.
On private lands, the prospector must first seek permission through the landowner before staking a claim.
Important Dates for Claim Staking
If you’ve staked a claim (or are preparing to) for mineral rights and/or mining purposes, here are some dates and timeframes you need to know.
Locating and Recording a Mining Claim
After a mineral deposit has been discovered, land ownership has been verified, and it’s been verified that no current claim exists on the land, the land may be claimed. The process of staking a claim is listed above, and includes placing posts or monuments at the corner of the claim along with a location notice. A copy of the claim notice must be filed with the proper state BLM office within 90 days of the date of location.
In addition to the location notice being filed with the BLM, a prospector must also file the original location notice or certificate in the county recorder’s office, counter clerk’s office, or borough office—this is determined by the county or borough in which the claim site is located. The timeframe for this filing varies by state, but is usually between 30-90 days. For instance, Utah and Arizona require county filings within 30 days of location, Alaska requires filing within 45 days, and Idaho requires filing within 90 days. It’s important to know your state’s specific requirements.
Annual Maintenance and Assessment
All claims are subject to an Annual Maintenance Fee which must be paid on or before September 1 of every year. This is a strict date, as failure to timely pay the fee or file the waiver in the proper BLM office will subject your claims or sites to forfeiture of operation by law. The fee or waiver must be filed every year on or before September 1 to continue to hold the mining claim.
In most cases, this annual maintenance fee may be paid online (except in Alaska) using the Mineral & Land Records System (MLRS), in person at your BLM state office (in Alaska, the Fairbanks District Office also accepts fee payment), or sent via the mail.
A “Small Miner’s Waiver” or maintenance fee payment waiver is available for claimants who own 10 or fewer claims/sites on Federal land nationwide. This waiver form, Form 3830-2, must be filed or postmarked on or before September 1 of every year. In order for the waiver to be valid, the claimant must be able to certify that assessment work has been or will be performed and that the proper affidavits of assessment or annual labor will be filed by December 30 of the calendar year the assessment year ended and must include a $15 processing fee.
The assessment work must include working and spending a minimum of $100 in labor or improvements on each claim. This work may include drilling, excavation, sampling, geological or geophysical surveys, and more.
Note that assessment work is not a requirement for owners of mill or tunnel sites; however, a notice of intent to hold (NOIH) the site must be filed on or before December 30. The BLM requires a $15 processing fee per site for filing a NOIH.
Talk to an Expert
Would you like to learn more about staking a mining claim or Rangefront’s claim staking services? Reach out! Our claim staking experts are happy to help.
This article was originally published in December 2021 and has since been updated for clarity, accuracy, relevance, and to expand information.
About the Author
BRIAN GOSS
President, Rangefront Mining Services
Brian Goss brings over 20 years of experience in gold and mineral exploration. He is the founder and President of Rangefront, a premier geological services and mining consulting company that caters to a large spectrum of clients in the mining and minerals exploration industries. Brian is also a director of Lithium Corp. (OTCQB: LTUM), an exploration stage company specializing in energy storage minerals and from 2014 to 2017, he fulfilled the role of President and Director of Graphite Corp. (OTCQB: GRPH), an exploration stage that specialized in the development of graphite properties. Prior to founding Rangefront, Brian worked as a staff geologist for Centerra Gold on the REN project, as well as various exploration and development projects in the Western United States and Michigan. Brian Goss holds a Bachelor of Science Degree with a major in Geology from Wayne State University in Michigan.