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How to Preserve a Mining Claim

Once you own a mining claim, an annual filing must be made on or before September 1 to maintain your claim. The filing procedure depends on the number of sites you own. Across the United States, if you have more than 10 claims, you must file with the Bureau of Land Management, and pay a per-site maintenance fee. If you have 10 or fewer claims, you are eligible to have the site maintenance fee waived.

Things You'll Need

Maintenance Fee Payment Form or Maintenance Fee Payment Waiver Certification
Affidavit of Assessment Work
Notice of Intent to Hold

Instructions

- 1
  If you own more than 10 claims, pay the required maintenance fee to the Bureau of Land Management. According to the Bureau of Land Management, for 2010, the required fee was $140 per claim. If you hold more than 10 claims, this is your last step. If you own less than 10 claims, you are eligible to have the $140-per-site fee waived. The first step in this process is to file form 38302 Maintenance Fee Payment Waiver Certification, "The Small Miner's Waiver". This form is free to file.
- 2
  To qualify for a Small Miner's Waiver you must also provide proof of assessment work. For all placer and lode claims, the form "Proof of Data" or Affidavit of Assessment Work must be filed. This form is due December 31 and requires a fee of $10 per claim. All claims must be listed on the waiver. The Small Miner's Waiver must contain the original signatures of all claimants who hold an interest in the claim.
- 3
  For all mill sites and tunnel sites listed in the waiver, the form "Notice of Intent to Hold" must also be filed. To file, this form costs $10 per site, and is due December 31.

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