Patented Claims vs Unpatented: Rights, Fees, Tax

A patented claim is a mining claim whose land title has passed from the US government to the claimant, so the owner holds it much like private property. An unpatented claim is only a right to explore for and mine the minerals on federal land, kept alive by paying the Bureau of Land Management (BLM) US$200 per claim each year (2026 assessment year). The BLM says it will not accept new patent applications while a congressional spending ban stays in force. That ban has applied since 1 October 1994, so today’s patented claims are a closed group and a buyer is buying existing title.

This guide is written for claim owners, consultants and investors who are weighing the two types. It covers what each right includes, why new patents stopped, what unpatented claims cost to hold, how to check a patented claim before paying for it, and how tax and surface use differ. Rules here are US federal rules unless stated, and states add their own.

Patented vs unpatented mining claims at a glance

The two types sit on different legal footing. The table sets them side by side, and the sections after it explain each row with sources.

What a patented claim gives the owner

A patented mining claim is one for which the federal government has passed its title to the claimant. The BLM describes this as exclusive title to the locatable minerals and, in most cases, the surface and all other resources on the ground. Locatable minerals are the hardrock minerals that the 1872 Mining Law lets people claim, such as gold, silver, copper and uranium.

In practice that means the owner can mine, lease, sell, fence, build on or farm the ground, within zoning, water, reclamation and other laws that apply to any private land. There is no federal annual fee to keep the title. The BLM wording says “in most cases” for the surface, so confirm the exact estate on the patent itself.

Patents were issued as parcels with a legal description and a survey plat, so a patented claim can sit inside a block of federal land and need its own access route. Our guide to patented mining claims for sale covers the listing side.

Why you cannot get a new patent today

The Mining Law set out a patent route. Under 30 U.S. Code section 29, a claimant filed an application under oath with a plat and field notes made under the direction of the BLM Director. The claimant posted a notice on the ground, and a notice was published for 60 days so that anyone could file an adverse claim. The claimant also had to show US$500 of labor or improvements on the claim, and the price was US$5 per acre once no adverse claim stood.

That route is closed in practice. Since 1 October 1994 Congress has passed an annual spending ban that stops the BLM from processing mineral patent applications unless they were grandfathered under the original legislation, as a 2005 Federal Register notice from the BLM puts it. The Congressional Research Service has described the same moratorium on mining claim patents, renewed through the annual Interior spending bill since fiscal 1995. The BLM’s patents page still says that, until the moratorium is lifted or expires, it will not accept any new patent applications.

Two practical results follow:

• The supply of patented ground is fixed. Anyone selling a patented claim holds a title that cannot be recreated by staking.
• A claim that is unpatented today stays unpatented. A buyer who is told a claim “can be patented” should ask what law makes that possible, because the BLM page above says new applications are not being accepted.

The ban is written into each year’s Interior spending law (section 404 of the fiscal 2026 act, Public Law 119-74, signed 23 January 2026, bars funds to accept or process patent applications except those filed by 30 September 1994). That act covered the year to 30 September 2026; as of 5 November 2026 the stopgap funding law, Public Law 119-103, runs to 11 December 2026 at the same level. Laws can change, so check the BLM patents page before any decision that depends on it.

How an unpatented claim works: lode, placer and discovery

An unpatented claim is located on federal land that is open to mineral entry, then recorded with the BLM, which issues a serial number. The claimant holds the right to explore for and develop the minerals, while the United States keeps the land. Nevada’s guide to mining claim procedures says the purpose of an unpatented claim is mineral prospecting, mining or processing and uses reasonably related to them, such as the structures, machinery and security those operations need.

There are two main claim types:

• Lode claim: covers hard rock, such as a vein or mineralised zone. A lode claim can be at most 1,500 feet (457 m) long and 600 feet (183 m) wide, according to the Nevada Division of Minerals claim procedures guide.
• Placer claim: covers loose gravel, sand and other deposits that are not rock in its original place. The BLM Montana-Dakotas mining claim packet gives a limit of 20 acres per individual claimant, and up to 160 contiguous acres for an association claim with at least eight locators.

A discovery of a valuable mineral is needed within each claim to make it valid, whether it is lode or placer, and the BLM packet defines a discovery as finding a valuable mineral deposit (43 CFR 3830.5). A claim without a discovery can be challenged. Staking a claim therefore does not prove that a mineral deposit exists, and claim maps are not a guarantee of grade.

Claim owners also need to know the limits. The BLM says that using the surface of an unpatented claim for purposes unrelated to mining is not authorised and can be treated as trespass. A claim does not give the right to build a home or run a business on federal land, which is a common misunderstanding.

The video below explains in plain language why owning a gold claim is not owning the land.

▶ Why owning a gold claim is not owning the land, and how to check the ground first · 3:19

What it costs to hold an unpatented claim

New claims carry one-time fees and then an annual fee. The BLM fee sheet, updated February 2026, lists these amounts for the 2026 assessment year, and the BLM’s notice for the 2027 assessment year shows the same US$200 maintenance fee for lode, mill site and tunnel site claims.

Chart

BLM fees on unpatented claims

US$ per claim, 2026 assessment year; lode, mill site or tunnel site

• New lode claim, first year: US$200 maintenance fee, US$49 location fee and US$25 processing fee, a total of US$274 per claim.
• Each later year: US$200 per lode claim, mill site or tunnel site.
• Placer claim: US$200 for each 20 acres or part of 20 acres. The BLM’s own example is a 70-acre placer claim at US$800.
• Transfer fee: US$15 per claim for each person receiving it.
• Affidavit of assessment work or notice of intent to hold: US$15 per claim, for claimants using the waiver route below.

The maintenance fee is not new, but its size has changed. The BLM raised it from US$165 to US$200 in a rule published on 1 July 2024, covering the 2025 assessment year onward, and the location fee rose from US$40 to US$49. Federal law has the BLM adjust these fees every five years for inflation (BLM announcement, 28 June 2024). Older web pages still show US$165, so check the date of any fee figure you read. The BLM fee sheet (updated February 2026) and its notice for the 2027 assessment year both show US$200; the sheet adds that fees may change, so check the BLM site for the rate on your payment date.

The BLM does not send bills. The annual maintenance fee, or a small miner’s waiver, must reach the right BLM state office on or before 1 September each year, and a missed deadline cannot be cured, according to the BLM Montana-Dakotas packet citing 43 CFR 3830.91. It covers the next assessment year, so the payment looks forward, not back.

Placer claim fees by acreage

Placer ground is charged by area, not by claim count, so an association placer can cost much more than a single lode claim. Fees step up for each 20 acres or part of 20 acres. A 21-acre claim pays for two blocks. The chart uses the BLM figures for 2026 and the BLM’s 70-acre example.

Chart

Annual placer maintenance fee by size

US$ per year at US$200 per 20 acres or part

Maintenance fee or small miner waiver: which route

A claimant with 10 or fewer claims and sites nationwide, counting related parties, can file a small miner’s waiver (Form 3830-002) instead of paying the fee. The BLM says there is no processing fee for the waiver. In return the claimant must spend at least US$100 in labor or improvements on each claim during the assessment year, and record an affidavit of that work with the BLM by 30 December, at US$15 per claim, the same document filed with the county. Waivers cannot be filed online in MLRS; the BLM Montana-Dakotas packet says they need original signatures on paper.

Chart

Yearly cost of holding claims: fee or waiver

US$ per year; waiver route counts US$100 of work plus the US$15 affidavit fee per claim

The waiver route lowers the cash cost, but it only works if the work is really done and recorded. Assessment work includes drilling, excavation, sampling and geological, geochemical and geophysical surveys, according to the BLM annual maintenance page. The first assessment year for a new claim is handled differently from later years, so read the BLM guidance for the claim’s location date.

The chart compares the two routes for 1, 5 and 10 claims, treating the US$100 of work and the US$15 affidavit fee as a minimum outlay. Own labor can count toward the US$100, so the real cash cost may be lower. The calculator after it adds up fees over several years and includes an optional line for county tax on patented ground.

Patented claims and property tax

A patented claim is private property, so counties tax it, while an unpatented claim sits on federal land and is treated differently. State rules vary and older cases conflict, so this is an example, not a national rule. Oregon’s administrative rule on mining claims says an unpatented claim, including the land and minerals, is exempt from property tax, while improvements, machinery and buildings on it are taxable, and a patented claim is subject to property tax (OAR 150-307-0040).

For a buyer, this changes the holding cost. An unpatented claim has a federal fee and no land tax in this example, while a patented parcel may carry an annual county bill that depends on the assessed value. Ask the county assessor for the parcel’s tax history. Tax treatment of a sale, such as capital gain or depletion, is a separate question for a tax adviser.

Buying a patented claim: checks before you pay

Patented ground is sold like land, and the usual land checks apply. Many sale listings are short on detail, so build your own file. The list below is general, not a guarantee against loss.

1. Confirm the patent exists. Ask for the patent number and the mineral survey number. The BLM General Land Office records site holds historic patents and master title plats, which show title transfers, patents and withdrawals for a township.
2. Read the patent for reservations. Check whether it conveys the surface, the minerals or both, and whether any past owner split the estate.
3. Search the county records. Look for liens, taxes owed, easements, deeds of trust and any sale of the minerals alone, and ask a title company or attorney for a title report.
4. Establish legal access. A patented claim inside federal land may have no recorded road right. Check for a public road, an easement or a permit before you value the ground.
5. Check the claim boundaries on the ground. Check whether the old survey monuments can still be found.
6. Look at past workings and liability. Old shafts, adits, tailings and water issues can create cleanup duties for a new owner. Ask what the state environmental agency holds on file.
7. Test whether there is anything to mine. A patent says who owns the ground. It says nothing about grade or tonnage, so ask for assay records, drill logs and any technical report.

The video below shows a real survey in which most of the anomalous rock sat under a town, so good geology could not be mined because of land access. The same lesson applies to patented ground that is cut off from roads.

State pages help with the local detail. See our guides to Montana mineral rights, California gold claims and mining cadastre portals by country. If you plan to resell later, how to sell a mine covers valuation and buyers.

▶ A survey where most anomalous ground sat under a town: good rock blocked by land access · 2:05

Buying or staking unpatented claims: what to confirm

An unpatented claim is only worth what the right behind it is worth. Before buying one or staking your own, work through these points:

• Is the land open to mineral entry? Check the master title plat and the surface management maps. Land can be withdrawn, such as wilderness, and a claim there can be declared null and void. The BLM says claimants are refunded the fees when land is not open to location.
• Is the claim active? Search MLRS for the serial number and for other active claims in the quarter section, to see whether other claims overlap the ground.
• Are the fees paid? Ask for the maintenance fee receipt or the waiver and affidavit, and confirm both with the BLM record.
• Who signed the transfer? A transfer is recorded with the BLM for US$15 per claim and per receiving person.
• What rules sit on top? Mining on federal land also falls under surface management rules, and state and local laws apply on top of federal ones.

The BLM Montana-Dakotas packet notes that complying with federal claim rules does not remove the duty to follow other local and state laws. A claim also does not allow exclusive use for other purposes. Our California claim guide shows how state rules add layers.

Patented claims outside the United States

The patented and unpatented split is a US idea, but similar land categories exist elsewhere. In Ontario, Canada, the government’s guide for claim holders lists patents that carry private title, mining leases and licences of occupation as land types separate from staked mining claims, and says the cells of its provincial grid can be encumbered by them (Ontario claim holders guide to conversion). Other countries use licences, concessions or tenements rather than claims, and the rights differ. Check the local mining act and cadastre.

How satellite screening helps before you buy or stake

A claim, patented or not, is a boundary on a map. Satellite imagery can show what the ground looks like inside it before you pay for a site visit: rusty iron staining, clay alteration, old workings, vegetation and surface water. This does not replace sampling, and satellite results are exploration targets, not a resource estimate.

Farmonaut maps your boundary with Sentinel-2 and other satellite data and returns a mineral-detection report in 5 to 20 business days, from a KML, KMZ or polygon file. To ask about a claim, use the mining quote form, read about satellite-based mineral detection, or contact us. The video below shows the platform.

▶ What Farmonaut Mining Pro is, shown with de-identified demo data · 4:56

Frequently asked questions

What is the difference between patented and unpatented mining claims?

A patented claim has passed from federal ownership to the claimant, who holds title to the minerals and, in most cases, the surface. An unpatented claim is a right to the minerals on federal land that the claimant keeps by paying the annual fee or filing a waiver. The land stays federal.

Can I still patent a mining claim?

Not in practice. The BLM says it will not accept new patent applications while the congressional moratorium, in place since 1 October 1994, remains. Only applications that were grandfathered before the ban could continue.

How much does it cost to keep an unpatented mining claim?

The BLM maintenance fee is US$200 per lode claim a year, or US$200 per 20 acres of placer ground, for the 2026 assessment year. A new lode claim costs US$274 in its first year with location and processing fees. Small miners with 10 or fewer claims can file a waiver and do US$100 of work per claim instead.

When are unpatented claim payments due?

The maintenance fee or waiver is due on or before 1 September each year. A waiver filer must also record an affidavit of assessment work by 30 December. The BLM does not bill claimants, and a missed 1 September deadline leads to forfeiture.

Do patented claims pay property tax?

Often yes, because they are private property. Oregon’s rule, for example, says a patented claim is subject to property tax while the land and minerals under an unpatented claim are exempt. Rules differ by state, so ask the county assessor.

Does owning a patented claim mean there is a mineral deposit?

No. A patent proves title to a parcel of land. It does not prove grade, tonnage or that a mine would be profitable. Ask for assay results, drill records and a technical report from a qualified person.

Can I live on an unpatented mining claim?

Only if the use relates to mining and follows BLM surface rules. The BLM says use of the surface unrelated to mining is not authorised and can be treated as trespass. A patented claim can be used like private land if zoning allows.

How do I check whether a claim is patented?

Look up the legal description on the BLM master title plat and the General Land Office records, search MLRS for an active claim serial number, and check the county recorder for a recorded patent. If all three show nothing, ask the seller for the patent number.

Can I sell or transfer an unpatented claim?

Yes, the claimant’s interest can be transferred. The BLM charges US$15 per claim for each person receiving it, and the transfer must be recorded with the BLM. The buyer receives the claim right and not title to the land.

Who should check the legal details before I buy?

A mining or real estate attorney in the state, plus a title company for patented land. This page is general information and does not replace legal advice.