There are often regulations in place required before you can start mining your land claim. In certain situations it is also possible to stake a claim on private land if you seek permission from the landowner and verify that the land has not already been claimed. Mining claims are typically staked on federal lands managed either by the Bureau of Land Management (BLM) or the US Forest Service. Staking a mining claim is the legal process of claiming the right to extract minerals from a designated area of public land. While the regulations have since adapted, the basis of finding a mineral deposit and staking a mining claim, so long as the land is available for such claims and does not have a current active claim, remains essentially the same. The law was based on prior appropriation, which means that the first person to put public land to beneficial use was granted a claim. The process of staking a mining claim began in 1849 with the California gold rush, where, in the absence of governmental regulations, miners adopted their own rules to claim and mine land.
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