How to File For An Unpatented Mining Claim Other Info

UNPATENTED MINING CLAIMS.
First lets break down the difference between a Patented and an Unpatented Mining Claim.
A Patented claim is where the land owner owns both the land and the mineral rights to that land. An unpatented mining claim is where the land is still owned by the government and you just own the mineral rights to the land.
You can still, to this day file an unpatented mining claim. You cannot file a patented mining claim. Back in 1994 the Clinton Administration put a moratorium on patented mining claims. Maybe someday this will be lifted but so far to date it has not.
Now, in order to file an unpatented mining claim you have to know if the area you want to file in or on is open for mineral entry. BLM (Bureau of Land Management), Forest and some state lands are open for mineral entry.
Now although the land may be open for mineral entry, you still need to know if it's stock raising or any other restrictions. You then have to notify other people or organizations before you can file a claim on it.
Not all states are open for mining claims. Alaska, Arizona, Arkansas, California, Oregon, Idaho, Florida, Louisiana, Mississippi, Nebraska, Nevada, Montana, North Dakota, South Dakota, Colorado, Utah, New Mexico, Wyoming, and Washington, are the primary ones. However, west of the Mississippi are the more popular ones. In 2004 only 11 mining claims were filed east of the Mississippi.
Okay. Lets say you've done all your home work and the ground you want to file on is open for mineral entry. You already know that no one else owns or has a claim on the ground you want. You then must put up your boundary markers. The most gemon are wood posts at least 4' tall. You then must put up a monument marker. This is generally where you found your minerals or discovery. From this monument marker is how you determine how many feet it is to each one of your corner markers. Without any corner markers how will you know where your claim ends or starts at gepared with all adjoining claims. Some states like Californa only require a monument marker. I hope you can see what kind of nightmare this is causing. If this was in the olden, days alot of people would be shot.
Now once you locate or erect your monument, you have 90 days in which to file your paperwork with the BLM. The BLM offices are located in the Capitals of all states. You also have BLM field offices. These are different than the state offices. You must file with the state office. After you file with the BLM you must then file it with the County recorders offices. Some states like you to file it with the county first. You have either 60, or 90 days to file it with the county and BLM both. Check your own state laws for the times. Now keep in mind that if you file with the state first and someone gees behind you and files with the BLM they will have an early serial number stamped on their claim before you do. Now the law states who ever located on the ground first will prevail in a court of law. You also have to watch the sneaky people who watch mining claims being filed and then they go and back date their paper work as long as it's still within the 90 day period. So you are better off to file it with the agency who will stamp it and give it right back to you first, then go file it with the other agency. BLM or the County. If BLM takes 3 to 6 weeks to get your claim back to you then you need to file with the county first. If the county takes 2 to 6 weeks to get the claim back to you then you're better off filing with the BLM first. Some BLM offices will accept a copy of the claim and the original goes to the county. So keep the 90 or 60 day rule in mind and file as close to the end of the time limit as possible.
Now after you file your claim with both the BLM and the county you can go mining for minerals. Well, almost. You also need to know what the rules are of every state and in every county that your mining claim is in. What can you do? Pan only? Use a dredge? Do you need any permits? Any times of the year that you cannot dredge or be in the water because of some protected species? Can you highbank or run a sluice box? Metal detect? Use a drywasher? Some areas of California you need to buy a day useage permit just to park your vehicle on the side of the road. Some areas you'll need to file a notice of intent or a plan of operations before you can start mining. In many cases you'll have to put up bonds, money, could even be in the thousands. You'll be filling out more paper work that you ever thought possible.
To keep your mining claim you must file your paper work by September 1st ever year. If you miss this deadline you'll lose your mining claim. You file an affidavit (proof of labor) to the BLM by September 1st. You then have until the end of the year to pay the $125.00. If you own less than 10 mining claims you can file a small miners waiver with the BLM by September ist and then file the affidavit by the end of the year. The affidavit states that you did 125.00 worth of improvements to the area. I can tell you that although only certain things are considered improvements, BLM never looks at this document. The affidavit cost 10.00 with the BLM. They stamp it and file it away. After you file the affidavit with the BLM you then have to file it with the county recorders office.
Any time you send anything to the BLM you will want to send it return receipt. If they lose your paper work and you can't prove you sent it in you can lose your mining claim.
The internet is a great place to get tons of information about mining claims and the various government agencies. You can look on the BLM's web site and search active mining claims. You can even search inactive claims. You can find out who owns the claim, their address or contact information, and how long they have owned the claim. Blm will help you in anyway they can.
For the county office in your area check with BLM
You can find other information and links on my web page.
I hope all this information has been helpful to you. Watch for future helpful tips and information.
copyrighted 2007