Lands Open to Location of Mining Claims
Most public lands administered by the BLM and the U.S. Forest Service are open to location of mining claims. Privately owned lands, trust lands, sovereign lands, national parks and monuments, as well as Indian and military reservations, are excluded from location of mining claims.
Lands patented under the Stock Raising Homestead Act require a formal notification procedure to the surface owner(s) and the BLM prior to entry. See 43 CFR 3838 and 43 CFR 3814 or contact the BLM Arizona State Office for further details.
There are two steps to check the land status for availability:
1. Research the
BLM Land Status records on the internet or visit the Information Access Center at the BLM Arizona State Office in Phoenix, or any of its Field Offices.
2. Access
LR2000, the BLM automated database, through the internet.
Types of Mining Claim/Sites
- Lode Mining Claim: Located upon deposits of mineral which are erected in or surrounded by hard rock, such as veins, fissures, lodes and disseminated ore bodies. Under federal law, the lode claim cannot exceed 1,500 feet along the length of the deposit, or more than 300 feet to either side of the center line of the deposit. Location of a lode mining claim cannot occur until a lode or vein is discovered on site.
- Placer Mining Claim: Located upon deposits of loose, unconsolidated material, such as gravel beds, or upon certain consolidated sedimentary deposits lying at the surface. A single individual cannot locate more then 20 acres in each claim. An association of two owners may locate 40 acres; three may locate 60 acres, up to a maximum of 160 acres in a single placer claim located by eight or more persons. Corporations are limited to 20 acres per claim.
- Mill Site: Up to five acres may be located upon non-mineral ground for the purpose of erecting a mill or smelter facility, or for a variety of purposes if the mill site is affiliated with a valid lode or placer mining claim. A mill site can only be located on lands where the government owns both the surface and mineral estates.
- Tunnel Site: A subsurface right-of-way for veins or lodes within 3000 feet from the face of such tunnel or the end of the tunnel, whichever is shorter. A tunnel site is used to access or explore for blind veins or lodes. A tunnel site is not a mining claim. Upon discovery of a vein, a lode claim should be located according to the procedures below.
Locating a New Mining Claim
To locate a mining claim, you must be a United States citizen (or have declared your intent to become a citizen), or a corporation authorized to do business in the United States.
All mining claims are initiated by erecting a conspicuous monument at the place of discovery. A Notice of Location must be posted, and the claims must be distinctly marked on the ground, in accordance with state law, so that the boundaries can be readily traced.
Post a signed copy of the Location Notice at the discovery point containing the following information:
- The name of the claim;
- The type of claim or site;
- The names and addresses of the locators of the claim; and,
- The date the discovery monument is erected and the Location Notice is posted on the ground.
If filing Lode Claims, include the number of linear feet claimed in length; along the course of the vein each way from the point of discovery, with the width claimed on each side of the center of the vein, and the general course of the vein or lode as near as possible. A description of the claim, located by reference to some natural object or permanent monument that will identify the claim.
In addition to the above, if filing Placer Claims or Mill Sites, include the number of acres or superficial feet claimed and a description of the claim or mill site, located by reference to some natural object or permanent monument that identifies the claim or mill site. The Location Notice should be posted at one corner and within the boundaries of the claim or site.
Recording a New Mining Claim
File a copy of the official record of the Notice of Location (which was or will be filed with the respective County Recorder), a map or narrative showing the location of the claim and a filing fee of $170 per claim at the address below:
Bureau of Land Management
Arizona State Office
One North Central Avenue
Suite 800
Phoenix, AZ 85004-4427
If the Location Notice is not received or postmarked within 90 days from the date of location, the Location Notice will not be accepted and will be returned without further action.
You must record your Location Notice with the respective County Recorder's Office within the same 90-day filing period.
The signed Location Notice must contain the following information:
- The name of the mining claim;
- The type of claim or site;
- The date of location;
- The current mailing addresses of the owners;
- A legal description stating the approximate location of the claim or site within a quarter section, including the section, township, range and meridian, and
- A map or narrative showing the location of the claim.
Amendments
If a correction is required on the original Location Notice, an Amended Notice should be filed with the County Recorder and the BLM within 90 days after recording. The BLM charges a $10 service charge per claim. You cannot amend a mining claim to add additional acreage or locators, or to change the type of claim, i.e. lode to placer. The amendment must be filed with the county recorder prior to filing with the BLM.
Transfer of Interest
If there is a change of ownership, the notarized transfer document must be filed with the BLM and the County Recorder.
There is a $10 service charge for each transferee (person receiving interest in a claim for each mining claim). If two or more transferees are on the same document transferring interest, a service charge of $10 per claim must be received for each transferee.
Example: Two mining claims are being transferred and each claim has three transferees; the fee would be $60. 2 claims x 3 transferees = $60.
A transferee must pay a nonrefundable service charge per mining claim or site that you were transferred. Subpart C, 3833.30.
Prior to Operation
Contact the BLM Field Office or U.S. Forest Service Office having jurisdiction over the land where your claim 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.
Charges and Fees
New Location Notices/Sites
Location Fee | $ 30.00/claim |
Maintenance Fee | $125.00/claim |
Service Charge | $ 15.00/claim |
Segregated Mining Claim
Service Charge | $ 15.00/claim |
Transfer Fee | $ 10.00/claim |
Additional Service Charges
Proof of Labor | $10.00/claim |
Notice of Intent to Hold | $10.00/claim |
Transfer of Interest | $10.00/claim |
Amendment | $10.00/claim |
Petition for Deferment of Assessment Work | $90.00/claim |
Notice of Intent to Locate on Stock Raising Homestead Land | $25.00 |
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