t any time, there are between 40,000 and 42,000 mining claims in Alaska. And with the price of gold hovering around $4,500 per ounce, the interest in trying to strike gold is increasing. In the spring of 2006, the Alaska Department of Natural Resources (DNR) Division of Mining, Land, and Water faced a backlog of 2,000 to 2,300 filings awaiting review. Anticipating that claims will continue to increase, DNR staff offered a half-day course at the 2026 Alaska Miners Association Biennial Convention so future miners can understand what is required to initiate and record a valid mining location.
“A lot of times, people have the impression that they’re going to stake a couple of claims and go out with their kids or their grandkids to mine,” says Nickols. “But the reality is, when you acquire a mineral right, you have a business, and you need to treat it like one because you have requirements.”
The Alaska Constitution allows for self-initiated claims, the right to stake and possess a parcel of land by any current or pending United States citizen for the purpose of exploring and extracting minerals on state public lands prior to government permission or administration action. To stake a claim, a person need only post a location notice in the physical area.
However, that is just the start of the process. To make the claim valid and acquire a location certificate, a miner must undergo discovery to prove that there are valuable mineral deposits on site in quantities sufficient to make development feasible.
Nickols says DNR typically does not ask for proof of discovery; however, the law requires that step. As a business, it is important to have proof of mineral deposits, especially if the company is ever litigated.
“The court will ask for it because that is in the statute,” says Nickols. “We don’t ask for it because we assume you’ve completed it.”
Likewise, when the owners of a mining operation sign at the bottom of a location certificate, they are affirming under penalty of perjury that they are aware of all applicable statutes and regulations, including the discovery process. But before DNR can issue a location certificate, the owners must complete all the paperwork necessary to record the claim. This is a detailed process that can make or break the claim, so Nickols suggests using all available resources.
US Geological Survey
A research priority for anyone starting a mining claim is identifying which lands are available for mining. One resource on the DNR website is the Alaska Mapper program, which helps prospective miners identify state lands open to claims. Though Alaska is a large state, the land has federal, state, Alaska Native, and other private owners and managers. Alaska Mapper also allows users to identify land owned or managed by the Alaska Mental Health Trust Authority and by the University of Alaska.
In addition to serving as a reference guide, Alaska Mapper includes a claim sketch pack that lets users create a custom map showing the outline of the claim area. However, DNR geologist Walter Zimmerman says it is vital that the final map is printed in black and white.
“This requirement was meant for fax machines, which do not have color,” says Zimmerman. “A color map run through a fax machine will come out illegible on the other side. And then we have to reject the map. So, no color.”
To ensure the map is legible, he recommends darkening the outline with a pen or marker after printing it.
One last feature in Alaska Mapper that helps with the application process is showing legal descriptions of a land area. In mining, a legal description is a precise written statement used to identify the exact boundaries of claims. The paperwork used by DNR requires the Aliquot Part description that divides land using the Public Land Survey System into a geographical hierarchy: meridian, township, range, section, quarter section, and quarter-quarter section. Alaska Mapper will produce a legal description in a pullout box, making it easier for the miner when submitting a claims application.
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However, Nickols says a lot can go wrong during this time-sensitive, detailed process. First, many people fail to complete their filing and pay rent within the initial forty-five-day period, and other critical errors can also cause DNR to deny a location certificate. Among the most common errors are filling out the wrong form, listing an incorrect location description, drawing an incorrect location on a map, or entering an incorrect posting date that would put the application outside the forty-five-day period.
“These are what we call fatal errors,” says Nickols. “They’re errors that are uncorrectable. There is nothing you can do to fix this except to start over.”
He adds that, even once a location certificate is acquired, the mining operation still needs to keep up on its paperwork and annual rent. Failure to perform “sweat equity” or make a payment in lieu of annual labor; failure to record a certificate of location or a statement of annual labor in a timely fashion; or failure to pay annual rental fees and royalties would constitute abandonment under state statutes. Abandonment results in claimholder loss, and the area immediately becomes open to staking by others.
Mining operations can cure abandonment, provided nobody else has staked a claim in the area, by recording overdue documents and paying rent and royalties, plus a penalty fee equal to the annual rent for the claim. If abandonment is not cured, the now-defunct stakeholder, or anyone directly associated with them, must wait a full calendar year before posting a claim in that area again.
“It behooves you not to mess up the documentation,” says Nickols.
Ultimately, Nickols says that anyone with questions about the process of staking claims and filing for a location certificate should contact DNR, especially if they are having trouble finding information or interpreting it. He says staff can also help miners understand the mapping process or the form details. However, with DNR’s backlog of current claims and a forty-five-day filing deadline, he says it’s best to contact the department sooner rather than later.