§1744 Recordation of Mining Claims

Summary

Owners of unpatented lode or placer mining claims must file certain papers with local and federal offices by set deadlines. If the claim was located before October 21, 1976, the owner had to file within the three-year period after October 21, 1976 and then before December 31 of each year after that. If the claim was located after October 21, 1976, the owner must file before December 31 of each year following the calendar year when the claim was made. The owner must (1) record at the local recording office either a notice of intent to hold, an affidavit of assessment work, or a detailed report under section 28–1 of title 30, and (2) send a copy of that recorded document to the Bureau office the Secretary names, with a description that lets the land be found on the ground. Owners of claims or of mill or tunnel sites located before October 21, 1976 had to file a copy of the original location notice or certificate in the designated Bureau office within the three-year period after October 21, 1976. For those located after October 21, 1976 the copy must be filed within ninety days after location. Not filing as required is conclusively treated as abandonment, except when the document is defective or late under other Federal filing laws, or when only some owners file. Filing or applying to file does not make an invalid claim valid and does not waive assessment or other legal duties.