§1744 Recordation of mining claims

Summary

Owners of unpatented lode or placer mining claims must file specific paperwork to keep their claims. For claims located before October 21, 1976, owners had to file those papers within the three-year period after October 21, 1976 and then before December 31 of each year after that. For claims located after October 21, 1976, owners must file before December 31 of each year after the year the claim was made. The required filings are: (1) at the local recording office, a notice of intent to hold the claim, an affidavit of assessment work, or a detailed report under section 28–1 of title 30; and (2) a copy of that recorded paper, with a location description, filed in the Bureau office the Secretary designates. Owners of claims or mill or tunnel sites located before October 21, 1976 had to file a copy of the notice or certificate in the designated Bureau office within the same three-year period. For sites located after October 21, 1976, that copy must be filed within ninety days after the location date. Failing to file as required will be treated as abandonment of the claim or site, except where a filing is defective, late under other federal filing rules, or filed by only some owners. Filing or applying does not by itself make an invalid claim valid, and it does not remove other assessment or legal requirements.