A
mining claim is the claim of the right to extract minerals from a tract of public land. In the United States, the practice began with the
California gold rush of 1849. In the absence of organized government, the miners in each new mining camp made up their own rules, and to a large extent adopted Mexican mining law. The Mexican law gave the right to mine to the first one to discover the mineral deposit and begin mining it. The area that could be claimed by one person was limited to that which could be mined by a single individual or a small group. The US system of mining claims is an application of the legal theory of
prior appropriation, by which public property is granted to the first one to put it to beneficial use. Other applications of appropriation theory were the
Homestead Act, which granted public land to farmers, and water rights in the west. The California miners spread the concept of mining claims to other mining districts all over the western United States. The US Congress legalized the practice in 1866, and amended it in the
Mining Act of 1872. All land in the
public domain, that is, federal land whose use has not been restricted by the government to some specific purpose, was subject to being claimed. The mining law has been changed numerous times, but still retains some features similar to those settled on by the California
49ers. The concept was also used in other countries, for example during the
Australian gold rushes which occurred at a similar time starting from the 1850s, and included similar groups of people including miners that migrated from the American gold rushes. The
Oriental Claims in
Victoria are one example of this. A
placer claim is a mining claim on gravel or ground from which minerals (a
placer deposit) are extracted using water.
Staking a claim In the United States, staking a claim involves first the discovery of a valuable mineral in quantities that a "prudent man" (the Prudent Man Rule) would invest time and expenses to recover. Next, marking the claim boundaries, typically with wooden posts or capped steel posts, which must be four feet tall, or stone cairns, which must be three feet tall. Finally, filing a claim with both the land management agency (USFS or BLM), and the local county registrar. There are four main types of mining claims: • Placer (minerals free of the local bedrock, and deposited in
benches or streams) • Lode (minerals in place in the mother rock), • Tunnel (a location for a proposed tunnel which claims all veins discovered during the driving of it) • Millsite (a maximum five-acre site for processing ore) A mining claim always starts out as an unpatented claim. The owner of an unpatented claim must continue mining or exploration activities on an unpatented claim, or he may pay a fee to the land management agency by September 1 of each year, or it is considered abandoned and becomes null. Activities on unpatented claims must be restricted to those necessary to mining. A patented claim is one for which the federal government has issued a patent (deed). To obtain a patent, the owner of a mining claim must prove to the federal government that the claim contains locatable minerals that can be extracted at a profit. A patented claim can be used for any purpose desired by the owner, just like any other real estate. However, Congress has ceased funding for the patenting process, so at this time a claim cannot be patented.
Claim jumping A dispute when one party (a "claim jumper") attempts to seize the land on which another party has already made claim is known as "claim jumping". == Leasing ==