A Notice of Location records your claim. Operating notices, approved plans and other permits are separate.
Scope: U.S. federal unpatented mining claims. State claims and private mineral rights differ. General information, not advice for a particular claim; confirm current requirements with the responsible agencies. Reviewed November 5, 2026.
Claim basics
What is a mining claim?
A legal assertion of rights to develop a discovered, valuable mineral deposit on eligible federal land. A valid claim provides mineral rights, subject to applicable laws.
Do I own the land?
No. An unpatented claim does not transfer federal land ownership or give exclusive control of the surface.
What is a lode claim?
A claim for minerals in bedrock, such as gold-bearing quartz veins or other mineralized rock in place.
What is a placer claim?
A claim for deposits legally classified as placer, commonly loose gold in sand or gravel. The deposit determines the proper claim type.
How big can a claim be?
A lode claim can be up to 1,500 by 600 feet (about 20.66 acres). An individual placer claim can cover up to 20 acres; qualifying associations can locate larger placer claims.
Can one company locate a 160-acre placer claim?
A corporation is one locator, normally limited to 20 acres per placer claim. A 160-acre association placer requires at least eight genuine qualified locators.
What is a patented mining claim?
A claim for which the United States issued private title. Existing patents differ from unpatented claims; new mineral patent applications are currently barred by the congressional funding moratorium.
Does a claim guarantee gold or profit?
No. Neither a recorded claim nor historical mineral reports prove an economically mineable deposit.
Who can claim?
Who is eligible to locate a federal mining claim?
Qualified U.S. citizens, certain legal immigrants who have applied for citizenship, and business entities organized under state law. Authorized agents can act for eligible locators.
Can a foreign individual claim?
Foreign nationality or a visa alone does not qualify a person. The regulation includes legal immigrants who have filed an application for citizenship; confirm your eligibility before acquiring an interest.
Can a foreign-owned U.S. company hold claims?
A qualifying entity organized under state law may hold claims even with foreign ownership. A foreign company organized only abroad does not qualify on that basis.
Can an LLC hold a claim?
Yes, a properly organized, qualifying state-law LLC can locate and hold claims.
Must I live in the state where my claim is located?
Federal eligibility does not generally require residence in that state. You must still meet its location and recording rules.
Is there a limit to the number of claims I can hold?
There is no general federal numerical limit for qualified locators. Each claim must independently meet legal requirements and be maintained.
Finding and recording a claim
Can I claim any public land?
No. The land and minerals must be open to mineral location. Withdrawals, existing rights, land ownership and special restrictions can prevent a new claim.
Can I claim state or private land through BLM?
Not through the ordinary federal claim process. State lands and privately owned minerals have separate leasing or permission requirements; split-estate land needs special review.
Does an empty map area mean land is available?
No. Check current BLM land-status records, county records and on-the-ground evidence. Map layers can be incomplete or delayed.
Does a closed claim mean I can claim it?
Not necessarily. Other rights, withdrawals or legal restrictions may still apply. Confirm the land status before locating anything.
Can I simply select a claim online?
An online selection or saved bookmark does not create a mining claim. Legal discovery, ground location and required recording must be completed.
Do I have to visit and mark the claim?
Ground location and monumenting must comply with state and federal rules. Use a qualified locator or survey professional when needed.
Where do I record a new claim?
Record with the appropriate county under state deadlines and with the proper BLM state office within 90 calendar days of location.
What documents are normally needed?
A location notice or certificate, required map or legal description, claimant information and fees. State-specific location and county requirements also apply.
Does BLM acceptance prove my claim is valid?
No. Recording and an active case number do not establish discovery, clear title or legal validity.
Can I stake over someone else’s valid claim?
You cannot acquire superior rights by simply overstaking a valid existing claim. Resolve uncertain boundaries or competing rights before proceeding.
Fees and keeping your claim
Can I get 20 acres for less than $200?
That would be misleading. BLM currently lists $274 to record a new individual placer claim of up to 20 acres, before county, field and other costs.
What is the annual federal maintenance fee?
Currently $200 per lode claim; placer claims are $200 for each 20 acres or part of 20 acres. Check the official fee schedule before paying.
When is annual maintenance due?
On or before September 1. Keep proof of timely filing and payment; do not rely on a website reminder.
Can a small miner waive the annual fee?
Possibly, if you and all related parties hold no more than 10 claims and sites nationwide. A timely waiver and required assessment work and filings are necessary.
Does a waiver make the claim free?
No. Initial filing fees still apply. Qualifying claims generally require at least $100 of annual assessment work and the appropriate evidence filing; first-year and site rules differ.
Do I own the claim forever?
A valid unpatented claim can continue indefinitely while all legal requirements are met. Missed deadlines, invalidity or other legal grounds can end the rights.
Can I leave the claim unused?
Paying annual maintenance generally replaces assessment work, but it does not cure an invalid claim or remove reclamation and other obligations.
Is the membership fee the BLM fee?
No. MineClaimsMap annual membership is a separate website service fee. Government, county, laboratory, professional and field-service costs are separate.
Selling, leasing and inheritance
Can I sell my mining claim?
Yes, a transferable claim interest can be sold. Use proper transfer documents and update county and BLM records as required.
Can I lease my claim to a mining company?
A claimant may negotiate a private mineral-development agreement. Have counsel define access, royalties, work commitments, permits, insurance and reclamation responsibilities.
Does leasing transfer ownership?
A lease generally grants contractual rights rather than transferring the claim itself. Its exact effect depends on its terms and applicable law.
Can I receive royalties?
A private agreement may provide royalties or other payments. There is no guaranteed royalty rate or guarantee that a company will develop your claim.
Can my family inherit the claim?
A claim interest can pass through inheritance, subject to estate procedures, eligibility, record updates and ongoing maintenance.
What should I check before buying?
Verify seller title, serial number, land status, maintenance, boundaries, access and environmental obligations. Independently assess mineral evidence and any promised operating approvals.
Does selling or leasing remove all liability?
Do not assume so. Existing reclamation obligations and operator bonds may need agency-approved changes; a private contract alone may not release you.
Notices, permits and mining operations
Does a Notice of Location (NOL) let me start mining?
No. A Notice of Location records the claim. It is not an operating permit, a BLM exploration notice or a Forest Service Notice of Intent.
When can I work without a BLM mining notice or plan?
Only activities qualifying as casual use—normally negligible disturbance with small hand tools—are exempt from BLM’s 3809 notice/plan process. Other laws, restrictions and reclamation duties still apply.
What is a BLM exploration notice?
For qualifying exploration disturbing five acres or less, with bulk sampling below 1,000 tons, a 3809 notice may apply. Special-status areas and other circumstances can require a plan instead.
Can I commercially mine under five acres with only a notice?
There is no blanket five-acre production exemption. The notice pathway is for qualifying exploration; production beyond casual use generally requires an approved Plan of Operations.
Can I start immediately after sending a BLM notice?
No. A complete notice is required at least 15 calendar days before exploration, and review issues can delay work. Required financial guarantees and other authorizations must be in place before disturbance.
When is a BLM Plan of Operations needed?
Generally for operations beyond casual use that do not qualify for a notice, including larger exploration and certain special-status areas. Obtain approval before beginning those operations.
Can I split a project into several small notices?
No. Related work cannot be segmented to avoid the Plan of Operations requirements.
Are Forest Service rules the same?
No. On National Forest land, an NOI may be needed for work that might significantly disturb surface resources; work likely to do so requires an approved plan. Ask the District Ranger.
Do I need a reclamation bond?
BLM notice- and plan-level operations require an acceptable financial guarantee before disturbance. Reclamation obligations continue after mining stops.
Does a small plant or one-ton-per-day operation avoid permits?
No. Plant size alone is not an exemption. Disturbance, processing methods, water, emissions, waste and location determine the applicable requirements.
Can I drill, excavate, build roads or install equipment?
Do not assume claim recording authorizes these activities. Obtain the applicable land-manager, state and local approvals before work.
Can I use a dredge or work in a stream?
Stream work may require additional state, water-quality, wetlands or other authorizations, and some locations prohibit it. Check the exact method and site first.
Who tells me which approvals I need?
Start with the local BLM Field Office or Forest Service District Ranger and the state mining regulator. Air, water, waste and county agencies may also have jurisdiction.
Access, camping and water
Can I camp on my claim?
Yes, where the area is open to camping. A common BLM limit is 14 total days within 28 days, counting separate visits as well as continuous stays. Local rules may require moving a minimum distance and waiting before returning; check the local office. A claim does not extend these limits.
Can I live on it or build a cabin?
A claim is not a homestead. Mining-related occupancy and structures must meet applicable requirements and receive necessary agency authorization.
Can I open a paid campground?
A mining claim alone does not authorize a recreational business. A separate land-use authorization may be necessary.
Can I fence out the public?
An unpatented claim does not grant exclusive surface possession. Noninterfering public use generally continues; safety restrictions or fencing require appropriate legal authority.
Does the claim include road access?
No guaranteed legal vehicle access comes with a map pin or claim. Check easements, private crossings, travel restrictions and seasonal closures.
Does a 2WD or 4WD label guarantee the road?
No. Member access reports are unverified observations; weather and road conditions change. Confirm both legal access and current conditions.
Do I own a stream or its water?
A mineral claim does not automatically grant water rights. Water diversion, use or discharge can require separate rights and permits.
Does a nearby river mean camping and prospecting are allowed?
No. Proximity alone says nothing about land access, claim availability, camping permission, seasonal flow or drinking-water safety.
Is it safe to enter an old mine?
Stay out of abandoned workings. Unstable ground, hidden shafts and hazardous air can be fatal; use qualified professionals for site assessment.
Maps, documents and membership
Does Active mean the mine is operating?
No. Active and Closed refer to BLM case status, not production activity, available land or a verified economic deposit.
Are USGS mineral sites available claims?
No. Historical mineral-site records are research references and may fall on private, claimed, withdrawn or inaccessible land.
Are map polygons exact surveyed boundaries?
Not necessarily. BLM reference geometry may use land-survey sections. Confirm the actual recorded location and field boundaries.
Does saving a claim make it mine?
No. A saved claim is a private research bookmark. It is not ownership, a purchase, a government filing or a reservation.
Are the automatic PDFs official filing approvals?
No. The current member workspace prepares draft packets for review. Confirm current state and county documents, signatures, location evidence and filing requirements.
Does the website file or pay BLM automatically?
No. Members follow the official MLRS link to complete their own filings; MLRS directs payments to Pay.gov. Website progress and receipt entries are member reported.
Is a geological report included automatically?
An independent site-specific geological report is not currently generated. Historical sources and provider links support research; qualified professional work is separately arranged.
Are laboratory and equipment providers partners?
Provider links are independent resources, not proof of a partnership, endorsement, quote or local availability. Confirm the service directly with the provider.
Are the 100 featured mines guaranteed opportunities?
No. They are AI-assisted, source-backed historical research candidates near mapped waterways. They are not verified open claims, reserves or recommendations to invest.
Will the website remind me of filing deadlines?
A saved date currently does not schedule notifications. Maintain your own deadline calendar and verify all official requirements.
No matching questions. Try a shorter phrase or another keyword.
Official sources & next steps
These agency pages and regulations provide the detail behind these brief answers. Fees, closures and rules can change. Use the current regulation and responsible agency guidance for your project.
- BLM claim types and rights
- BLM staking and eligibility
- BLM recording and transfers
- BLM current fees
- BLM annual maintenance
- BLM surface management
- BLM bonding
- BLM 2026 claim questions
- Federal regulations: BLM operations
- Federal regulations: Forest Service operations
- Eligibility: BLM handbook
- BLM camping and stay limits
