What are Federal Mining Claims?
Federal mining claims are parcels of land on federal land, where an individual or entity has declared the right to extract valuable minerals. These claims are regulated by the Bureau of Land Management (BLM) and are subject to federal laws, specifically the General Mining Law of 1872. Federal mining claims can be either lode claims (covering veins or lodes of mineral deposits) or placer claims (covering alluvial deposits of precious metals).
Types of Mining Claims
– Lode Claims: These cover veins or lodes of mineral deposits embedded in rock. They are usually narrow and extend downward vertically.
– Placer Claims: These cover mineral deposits that are not embedded in rock, typically found in loose material like sand or gravel, often in riverbeds or stream beds.
Work Permitted Without a Permit
On an unpatented federal mining claim, certain exploration activities can be performed without a permit, provided they cause minimal surface disturbance. These activities typically include:
1. Sampling: Collecting small samples of mineral material to determine the presence of valuable minerals.
2. Geological Surveys: Conducting geological mapping and surveys to assess the mineral potential of the claim.
3. Hand Tool Use: Using hand tools (e.g., shovels, picks) for minor exploration work.
4. Non-Motorized Equipment: Using non-motorized prospecting equipment like metal detectors and gold pans.
These activities must not cause significant surface disturbance or environmental impact. If more intensive exploration or development work is planned, a permit is required.
The 3809 Exploration Permit
The 3809 Exploration Permit, named after the Code of Federal Regulations (43 CFR 3809), is required for mining activities that are likely to cause significant surface disturbance. This permit ensures that exploration and mining activities comply with environmental standards and minimize impacts on public lands.
Key Elements of the 3809 Exploration Permit:
– Environmental Assessment: An environmental assessment (EA) or environmental impact statement (EIS) may be required to evaluate the potential impacts of the proposed activities.
– Plan of Operations: A detailed plan outlining the scope of work, methods, equipment, and measures to mitigate environmental impacts must be submitted.
– Reclamation Plan: A reclamation plan detailing how the land will be restored after mining activities are completed is required.
– Financial Assurance: Operators must provide financial assurance (bond) to cover the cost of reclamation.
Filing and Staking Process for Mining Claims
Staking a Claim
1. Research: Begin by researching land status to ensure the area is open to mining claims and not already claimed.
2. Discovery: Physically prospect the area to discover a valuable mineral deposit.
3. Marking Boundaries: Place physical markers (stakes or posts) at the corners of the claim and at intervals along the boundaries.
4. Location Notice: Post a location notice on the claim site, detailing the claimant’s information and the type of claim.
Filing the Claim
1. Recordation with BLM: File a copy of the location notice with the BLM office responsible for the area within 90 days of staking the claim. Pay the necessary filing fees and the initial maintenance fee.
2. County Recording: Record the claim with the county recorder’s office where the claim is located, within the timeframe specified by state law.
3. Annual Maintenance: Pay annual maintenance fees to the BLM to keep the claim in good standing. Alternatively, perform annual assessment work if you qualify for a small miner’s waiver.
Conclusion
Federal mining claims allow individuals and entities to explore and extract valuable minerals from public lands. While some low-impact exploration activities can be performed without a permit, more intensive operations require a 3809 Exploration Permit to ensure environmental compliance. Understanding the filing and staking process is crucial for establishing and maintaining mining claims, enabling responsible and lawful exploration and mining activities.
