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 (for example: the E1/2 of NE1/4 of NE1/4, section 2, Township 2 South, Range 4 East, Salt Lake Meridian, Utah). The maximum size of a placer claim is 20 acres per locator (see Figure 2). An association of two locators may locate 40 acres, and three may locate 60 acres, etc. The maximum area of an association placer claim is 160 acres for eight or more persons.  

The maximum size of a placer claim for corporations is 20 acres per claim. Corporations may not locate association placer claims unless they are in association with other private individuals or other corporations as co-locators.

Lands Described by Placer Claims Must Be Contiguous: Two or more persons, or associations of persons, having contiguous claims of any size may make joint entry thereof although such claims may be less than 10 acres each. A placer claim that is divided into separate tracts of land by land that is closed to location cannot be considered as a single location. 

It is well established that lands covered by a single placer claim must be contiguous; two separate tracts that corner are not contiguous and cannot be included in a single location. W.G. Singleton, 75 IBLA 168 (1983).  

Figure 1. Example of Methods of Monumenting Mining Claims Drawing of 
an ideal lode mining claim (Metes and Bound survey method)

Figure 2. Most State laws require conspicuous and substantial monuments for
all types of claims and sites.
NOTE: Other states have other requirements for monuments. However, it is BLM
policy to not use perforated or uncapped pipe as a monument.
Methods of Describing Placer Mining Claims and Mill Sites"

Figure 3. Drawing of a section of land showing types of placer mining claims (PMC)
and a mill site (MS). The legal description method is based on the
 U.S. Public Land Survey.

 Mill Sites: A mill site must be located on non-mineral land. Its 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 (see Figure 2).

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.
 
Federal Lands Open to Mining
There are federally administered lands in 19 States where you may locate a mining claim or site. These States are Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Louisiana, Mississippi, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. In these States, the BLM manages the surface of public lands and the Forest Service manages the surface of National Forest System lands. The BLM is responsible for the subsurface on both public lands and National Forest System lands.

You may prospect and locate claims and sites on lands open to mineral entry. Claims may not be staked in areas closed to mineral entry by a special act of Congress, regulation, or public land order. These areas are withdrawn from the operation of the mining laws.

Areas Withdrawn from Location of Mining Claims Include: administrative sites, recreational sites, national parks, national monuments, indian reservations, most reclamation projects, military reservations, scientific testing areas, most wildlife protection areas (such as federal wildlife refuges), and lands withdrawn from mineral entry for other reasons. Lands withdrawn for power development may be subject to mining location and entry only under certain conditions. Mining claims may not be located on lands that have been:

Designated by Congress as part of the National Wilderness Preservation System;

Designated as a wild portion of a Wild and Scenic River; or

Withdrawn by Congress for study as a Wild and Scenic River. There is usually a ¼-mile buffer zone withdrawn from location of mining claims on either side of a river while the river is being studied for inclusion in the Wild and Scenic Rivers System.  

Additions to the National Wilderness Preservation System are withdrawn to mining claim location at the time of designation by Congress. Mining activities are permitted only on those mining claims that can show proof of a discovery either:  

By December 31, 1983, or

On the date of designation as wilderness by Congress.

Also, land transferred out of Federal ownership and Federal aid highway right-of-way roads and material sites are closed to location.
A placer claim that is divided into separate tracts of land by land that is closed to location cannot be considered as a single location.

Staking a Mining Claim or Site

Federal law simply specifies that claim boundaries must be distinctly and clearly marked to be readily identifiable on the ground. The mining laws allow States to establish their own laws regarding the manner in which mining claims and sites are located. Most States have statutes and regulations adding to the Mining Law of 1872, as amended, concerning the actual staking and recording of mining claims. Staking requirements include the placement, size, and acceptable materials for a corner post or a discovery monument. Check with the proper State agency(s) before locating claims. State agencies may include the State geological survey, the State mineral resource department, or the State lands commission.

Generally, staking a mining claim includes: 

Erecting corner posts or monuments and

Posting a notice of location on a post or monument in a conspicuous place (see Figures 1 and 2).

The location date is the date the discovery monument is erected and the notice of location is posted on the ground.

The conspicuous place on the claim is usually the point of discovery. Several States also require side line or end line posts or monuments for claims. Claims and sites described by legal subdivision in some States do not require the erection of corner monuments (see Figure 2). However, all claims and sites must have a location (sites) or discovery (claims) monument. Be sure to check what the law requires in the State where the claims and sites are to be located.

For a specific tract of land, check the official land records at the BLM State Office or Field Office responsible for administering the land area. Rather than looking randomly through the records for lands open to location, it is better to restrict your search to a general area of interest. Topographic map(s) of the area (published by the U.S. Geological Survey) provides the legal description (lot, section, township, range and meridian) of such lands. Visit the local BLM State Office or BLM Field Office and check maps, the BLM Master Title Plats, mining claim records, and files. Ultimately, it is up to the locator to determine if there are prior existing claims on the ground. 

Staking a Mining Claim or Site on Lands Subject to Stock Raising Homestead Act

Special procedures must be complied by individuals/companies prior to locating mining claims on land were the surface is patented, and the minerals are reserved or disposed under the Stock Raising Homestead Act (SRHA) of December 29, 1916. A "Notice of Intent to Locate" (NOITL) must be filed with the proper BLM State Office prior to locating a claim. BLM service charge is $25. See procedures for locating claims on SRHA lands.

Claimant’s Rights

If a claim or site meets all the Federal and State requirements, the claimant has a possessory right to develop and extract the locatable minerals. However, the claim or site cannot be used for other purposes. The claimant has the right to use so much of the surface of the claim or site as is reasonably necessary for mining and milling purposes, including:

Access across federally managed surface to and from the claim;

Use of as much of the timber on the claim as is necessary for the mining operation; and

Construction of fences and gates to protect the immediate area of operations and equipment.

Mining claims and sites are considered real property. The interests in them and associated rights may be bought, sold, transferred, leased, rented, willed, or inherited. The legal transfer document transferring the ownership must be recorded with the county recorder and the BLM. If a claimant wishes to relinquish their ownership a notice of relinquishment of ownership may be filed. Lease documents between claimant and the lessee are not required to be filed with the BLM.

Prior to Operation: Contact the BLM Field Office and/or Forest Service Office having jurisdiction over the land in which your claim/site is located. Please check with the appropriate office on what type of work you are allowed to do and what steps are required, such as casual work, notice or plan of operations, and bond requirements.