Mining claims location or patented, Placer, Lode, Mill site Options

[CP]

Mining claims are real property and can be sold, traded, or leased as with any real property.
There are several types of claims which should be discussed to teach the differences in not only ownership, but also how research varies because of status and what that means to you in the field as a prospector.

First there are patented (private land with deed) or location claims.
Again these are both real property but differ in the fact that a patented claim (filed as location originally), has since been perfected and patented giving the owner actual permanent deed with 100% ownership in the land.

Location claims are also private property in every sense, but the claim owner owns (has claimed) the minerals within that claim and has not perfected the claim to patent for a deed yet.

Within either of those catagories, there would have been originally for patented, or would be now for location claims, one of three different types of claims possibly filed originally. Lode, Placer or Mill site.

Lode claim - For hard rock mining ore bodies drifting or shaft type mining. Orientated with the deposit or dyke formation's direction and centered upon it. 600' x 1500' size (20 acres) and were in depths of 2000' each for some areas historically.

Placer claim - For aluvial glacial till areas and their related drainages/deposits where "placer" material (not in host postition) would have been re-deposited in favorable conditions by water, erosion, gravity, and or other geologic evolution. 20 acre limit each. Normal operations would be benches or pit operations in addition to water processes where locations favor.

Mill site claim - For use with either lode or placer claims to process material from that mine and or store equipment and supplies. Mill sites claims do not claim minerals under them but do contain mineral rights when patented.
5 acre limit each and can be non-adjacent to the claim being mined.

All three (Lode, Placer, or Mill site) could have been patented and are now deeded private land, or could currently be location claims within NF or BLM lands.

Research varies between patented/private land and location claims within national lands.
For private patented lands you'll need to check the county assesors office as each private land owner pays property tax each year and those records are kept there.
For location claims though, you'll need to check the clerk and recorders office as this will be where those records are filed.

You can also find claim information from the BLM's LR2000 database, but with time guideline laws written as they are for new claim filings, you'll find the most upto date information through the county offices on location claims. When you're finalizing your research for your own claim to stake and file, this timeline could make a difference if someone else had recently staked/filed in that area.

We thought this might make a good read/topic for those interested. There are many many more details involved with properly researching, staking, filing, and then working your own mining claim which we all can add in for the future discussion as time goes.

Having a good understanding of what to do in the field starts with the proper knowledge base, which reflects on your field operations and success. DIG IN!!

For those interested in learning more about the mining laws and regulations that uphold them, check out our Prospecting and Mining Laws, Regulations etc. section of the forum too.

[EMac]

Seems you've missed my point, so I'll be explicit with it: My take, and the red herring comment is this isn't practical information for the folks here. I'm not sure how long established laws might change this take, but I am curious since you mention it.

Most discussions I'm reading (which is what drew me here) are around filing our first claims (me included), recognizing minerals, and light duty equipment. People cutting 3000' tunnels into rock I would hope would come here to help neophytes such as myself since they know and live this stuff already. While I'm sure there's probably one or two here, everyone I've met is a long ways from cutting 3000' tunnels.

If you're reading that I don't believe you, I encourage you to click the links below which will take you to the GPO's published laws on the matter. These are codified under Title 43 Code of Federal Regulations. You are correct that tunnel sites grant you rights, but not exactly as you quote.

Actual 43 CFR 3832.44 & .45 quote (hyperlinked so you can verify; emphasis is mine):

§ 3832.44 What rights do I have to minerals within my tunnel site?
(a) If you located your tunnel site in good faith, you may acquire the right to any blind veins, ledges, or lodes cut, discovered, or intersected by your tunnel, by locating a lode claim, if they—
(1) Are located within a radius of 1,500 feet from the tunnel axis; and
(2) Were not previously known to exist on the surface and within the limits of your tunnel.
(b) Your site is protected from other parties making locations of lodes within the sidelines of the tunnel and with-in the 3,000-foot length of the tunnel, unless such lodes appear upon the surface or were previously known to exist.
© You must diligently work on the tunnel site. If you cease working on it for more than 6 consecutive months, you will lose your right to possess all unknown, undiscovered veins, lodes, or ledges that your tunnel may intersect.
§ 3832.45 How do I obtain any minerals that I discover within my tunnel site?
(a) Even if you have located the tunnel site, you must separately locate a lode claim to acquire the possessory right to a blind vein, lode, or ledge you have discovered within the boundaries of the tunnel site sidelines.
(b) The date of location of your lode claim is retroactive to the date of location of your tunnel site.

[Clay Diggins]

Seems you've missed my point, so I'll be explicit with it: My take, and the red herring comment is this isn't practical information for the folks here. I'm not sure how long established laws might change this take, but I am curious since you mention it.

Most discussions I'm reading (which is what drew me here) are around filing our first claims (me included), recognizing minerals, and light duty equipment. People cutting 3000' tunnels into rock I would hope would come here to help neophytes such as myself since they know and live this stuff already. While I'm sure there's probably one or two here, everyone I've met is a long ways from cutting 3000' tunnels.

If you're reading that I don't believe you, I encourage you to click the links below which will take you to the GPO's published laws on the matter. These are codified under Title 43 Code of Federal Regulations. You are correct that tunnel sites grant you rights, but not exactly as you quote.

Actual 43 CFR 3832.44 & .45 quote (hyperlinked so you can verify; emphasis is mine):

Thanks for sharing your opinion. I was unaware too much information on "mining claims location or patented" might offend some here. I hope those who share your opinion will forgive my transgression.

I think I should head you off from a blatant and dangerous misconception in your post above. The CFR contain only self promulgated agency regulations. They are not a source of law nor are they "codified".

Laws are passed by elected representatives in the United States.

Article. I. Section. 1. United States Constitution All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

We are entitled to a Republican form of government.

Article IV. Section. 4. United States Constitution The United States shall guarantee to every State in this Union a Republican Form of Government

Agency fiat is not law and does not have the effect of law. The agency regulations in the CFR are not voted on by elected representatives nor are they law.

CFRs do not override or contravene positive law as enacted by Congress nor does it override or contravene Supreme Court decisions.

Article III Section. 2. United States Constitution The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

The executive agencies, their agents and their regulations can not instruct you on law because those agencies are not legally responsible for any advice they may give you.

Heavy Pans