WHO MAY LOCATE 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)
WHERE CAN I LOCATE A MINING CLAIM?
A mining claim can be located on federal lands (BLM and
Forest Service) that are open to mineral location (entry).
If you have a specific location site in mind, you may verify
that the lands are open to mineral entry. This can be accomplished
by checking with the BLM State Office Information Access
Center (Public Room), who will assist you in determining
if the lands are open to mineral entry by checking master
title plats, records, files and other pertinent information.
WHAT TYPES OF CLAIMS/SITES ARE THERE?
Lode - A classic vein, ledge, or other rock in place between
definite walls. A lode claim is located by metes and bounds.
The maximum length is 1,500 feet by 600 feet. (43 CFR 3841)
Placer - All deposits, other than lodes. These include
placer deposits of sand and gravel containing free gold
and other minerals. Placer claims are located by legal
subdivision. An individual may locate up to 20 acres with
a maximum of 160 contiguous acres with 8 or more people
(an association). A corporation is consider a single locator.
(43 CFR 3842)
Tunnel Site - 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. A Tunnel Site can be regarded more as a right-a-way,
than a mining claim. (43 CFR 3843)
Mill Site - Public lands which are non-mineral in character.
Mill Sites may be located in connection with a placer or
lode claim for mining and milling purposes or as an independent/custom
mill site that is independent of a mining claim. Mill Sites
are located by metes and bounds or legal subdivision and
are up to 5 acres in size. (43 CFR 3844)
WHAT IS A LOCATION NOTICE AND WHERE MAY I GET THE FORM?
A location notice is a form that must be filed with the
BLM, California State Office and your local County Recording
Office. The following information must be included on the
form; date of location of the claim/site, description of
discovery monument, name of claim/site, legal description
(metes and bounds or legal subdivision), and the names
and addresses of all locators. There are separate notices
for placers, lodes, and mill sites. You can obtain location
notice forms from the BLM Public Room and stationary stores.
(43 CFR 3833.1-2)
HOW DO I RECORD A MINING CLAIM?
You must file your mining claim/site location notice with
the BLM, California State Office, within 90 days from the
date of location of the claim or site and you must also
file with the County Recording Office.
All new locations must be accompanied by the required
fees of a $15 service charge, $30 location fee, and a $125
maintenance payment fee for the first year of location,
for a total of $170 per claim or site.
By September 1st of every year or before, $125 maintenance
payment fee must be paid to the Sacramento office, or a
Waiver with an assessment form and a $10 per claim assessment
fee must be turned into the Sacramento office. (43 CFR
3833.1-2 and 43 CFR 3833.1-4)
MAY I CHANGE A LOCATION NOTICE AFTER I HAVE FILED WITH
THE BLM?
You may file an amended location notice in order to change
the name of the claim/site, clarify the legal description,
or provide information that was incomplete. Also, you must
file these amendments with the county that the claim is
in. You may not add or delete locators or change the location
date of the claim/site. There is a $10 filing fee for filing
an amended location notice. (43 CFR 3833.0-5[p])
WHAT MUST I DO TO MAINTAIN A CLAIM?
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. If you have more than 10 claims, you must
pay the $125 maintenance fee. If you have 10 or fewer claims/sites,
you may choose to file either the maintenance fee payment
or file the Maintenance Fee Waiver certification (a.k.a.
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, please visit our
web page mining facts. (43 CFR 3833.1-5 and 43 CFR 3833.1-6)
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 $125 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 CFR 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.
HOW DO I TRANSFER A MINING CLAIM?
A mining claim is transfered by recording a Quit Claim
Deed with the County Recorder where the mining claim is
located, and then by filing the Quit Claim Deed with the
Bureau of Land Management (BLM) State Office. The cost
to file the Quit Claim Deed with the BLM is $10.00 per
claimant, per claim. (Please call the County Recorder's
Office for their fees). Quit Claim Deeds are usually found
at office supply stores.
LAWS AND REGULATIONS GOVERNING MINING CLAIMS/SITES
Mining Law of 1872
Federal Land Policy Management Act of 1976 (FLPMA) - See
Section 314
Code of Federal Regulations, 43 CFR 3800
FOR MORE INFORMATION
Now
available in the Information Access Center is our mining
book titled, "Location and Patenting of Mining
Claims and Mill Sites, Latest Edition - Updated 2006." This
book explains how to locate and patent mining claims in
California. It shows locations, monuments, and claim maps.
This book is written by the Bureau of Land Management.
To order, call (916) 978-4400.
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