§1744 Recordation of Mining Claims

Summary

Owners of unpatented lode or placer mining claims must file two things each year: a local record (either a notice saying you intend to hold the claim, an affidavit showing assessment work, or the detailed report called for under section 28–1 of title 30) in the office where the location is recorded, and a copy of that official record with the Bureau office the Secretary names, including a description that lets someone find the claim on the ground. For claims located before October 21, 1976, the first filing had to be made within the three-year period after October 21, 1976 and then before December 31 each year. For claims located after October 21, 1976, the filing must be made before December 31 of each year after the year the claim was located. You must also send the Bureau a copy of the location notice or certificate: if the claim was located before October 21, 1976, do this within the three-year period after that date; if located after that date, do it within 90 days of location. Not filing as required will be treated as abandonment of the claim, unless the filing is defective, is covered by other federal recording rules, or was filed by some but not all owners. Filing or recordation alone does not make an invalid claim valid, and it does not waive assessment or other legal duties.