How to File a Mining Claim
Read on to find out how you can file a gold mining claim with these straight-forward steps:
This article will give you an idea of the process required to file a precious metals (aka: gold) mining claim. You may also want to check out an explanation of the different types of mining claims, or to clear up any terms used, the other mining claim informational articles on this site or contact us with any questions you may have.
Now I didn't say filing a mining claim was going to be quick or easy, but it is possible for the average person to file their own gold claim – if they have some time and a desire to learn...
The year was 1849 and the rush was on. The Gold Rush. That wild time in American history when everyone wanted to stake their own gold claim and strike it rich. Some found fortunes with the precious yellow metal, but a lot of them didn't. In the end, the rush of adventure and history behind the gold boom are still legendary. In the 21st Century, gold fever is going strong, leading many to stake their own piece of history and file (or purchase) their own precious metals mining claim and take a chance at striking their own fortune.
Gold prospectors, treasure hunters, and metal detecting enthusiasts from all over are roaming around the country side looking for lost jewelry, hidden treasures, relics from an era past, and especially - gold nuggets.
Gold detection methods and equipment are much more sophisticated than they were in 1849. Now there are detectors that can find small bits of gold nuggets up to two feet in the earth and mechanical dredges and sluices that suck up the dirt and leave the gold behind for you to collect. Many hobbyists enjoying these efficient recovery methods want to take it further and stake their own precious metals mining claim. However, a lot of them don't know how. So here are some simple, straight-forward steps to staking your own gold mining claim.
Stake Your Own Precious Metal Mining Claim
You don't have to be a big commercial operation or have a whole lot of money to file your own precious metal mining claim. Even if you are a hobbyist or weekend prospector and want to spend your free time searching for gems, a mining claim isn't out of reach. However, there are a few steps to get this done.
First thing to remember is that while these steps are pretty much universal, there are variances from state to state. You will want to check with your local Bureau of Land Management or county clerks office to find out the exact details and steps to take. Mining claims for federal and protected lands are also different from those where the land is in the public domain (public lands).
1. Stake the Claim
Typically, each person is allowed to stake up to 20 acres of land for each mining claim filed, but several people can file a claim together to share ownership and increase the total size of the claim. In most areas, up to eight people can file a single claim, which would give them 160 acres if each person claimed the full 20 acres.
Once you have your potential claim in mind, stake it out. Each corner of the claim should be clearly marked and include a notice of location informing others of your intent to stake the claim. (After the claim has been filed, these markers should be updated to include the mining claim name, location, and topographical description.) The markers must be out in the open, in multiple areas, and easy to read. Some people will post markers along the boundary of the claim and/or throughout the claim as well.
2. Contact the County Clerk's Office
After you have staked out your future mining claim, it's time to make it official. Travel to your county clerk's office and inform them of your intention to file a mining claim. They will provide you with any necessary paperwork and be happy to collect any required fees. Note: Many states don't require a visit to the county clerk's office – everything can be handled through the BLM or other Federal Land Management Office.
3. File Your New Mining Claim with the BLM
After contacting your county office, we then proceed to the federal stage. The required forms vary by state but generally you will have to describe your claim, list ownership information, and describe the type of mining that will be done. The mining claim fees start with a $10 filing fee per claim along with a $185 yearly maintenance fee (recently increased from $125). If you own less than 10 claims, the maintenance fee may be waived if the proper paperwork is filed showing you spent time improving the claim over the past year.
Congratulations! After completing the steps above (and any specific state requirements), you now own your own mining claim and are free to go prospecting on it whenever you wish.
Note: The steps above are for filing your own “unpatented” mining claim, meaning you own the mineral rights to the land, but not the land itself. If you want to learn more about “patented” mining claims (where you own the land as well as the mineral rights), check out this article about the differences between patented and unpatented mining claims.