Mining Claims
Claims tied to the company or its sites, lode claims in Emery and Carbon counties, new lode claims in Utah, and the law on what claims may be used for.
Utah's mineral occurrence records (the USGS / Utah Geological and Mineral Survey records compiled by UGRC) list six occurrences within about 6 km of Section 28: all are sand-and-gravel pits in pediment gravels (Utah Department of Highways pits 04024, 04025 and 04026 northeast of the Wellington rodeo ground, the Wellington NE and NW gravel pits, and the Soldier Creek upper gravel pits), described as road metal, riprap and aggregate. The CRIB mineral-location layer adds one carbon dioxide occurrence. Federal law says no deposit of common varieties of sand, stone or gravel is a valuable mineral deposit under the mining laws unless it has a distinct and special value (30 U.S.C. 611), and carbon dioxide is obtained by lease, not by claim. No vein or lode deposit of a locatable mineral is on record there in these databases. A lode claim requires a vein or lode discovered within it (Utah Code 40-1-1; dir-004). Absence from these databases does not prove no mineral exists.
- Utah mineral occurrence records (UGRC 'Minerals'; USGS/UGMS records) within about 6 km of Section 28 (Utah Geospatial Resource Center (USGS / Utah Geological and Mineral Survey records)) primary government
- Utah mineral locations (CRIB) within about 6 km of Section 28 (Utah Geospatial Resource Center) primary government
- 30 U.S.C. 611 (common varieties not valuable mineral deposits) (Legal Information Institute (Cornell), text of the U.S. Code) primary government “No deposit of common varieties of sand, stone, gravel”
- 30 U.S.C. 181 (deposits subject to the Mineral Leasing Act) (Legal Information Institute (Cornell), text of the U.S. Code) primary government “or gas, and lands containing such deposits owned by the United States”
Every claim in BLM's not-closed mining-claim layer that intersects Carbon County was pulled in late September 2026: ten open claims (AMBERIA 1-9 in T14S R8E-R9E, BLACK RIFLE placer in T15S R11E), none RW and none naming Valar. A second check the same day, by legal description, found no claim, open or closed, anywhere in T14S R11E (the township of both the lease and RW 453), and no Utah claim named RW among the 134 Utah claims BLM created from September 12 to September 29. Federal rules require recording with BLM by the 90th day after location (43 CFR 3833.11), so RW 453 (located Sept 12, 2026) is due by December 11, 2026 and may simply not be filed yet.
- BLM National MLRS Mining Claims layers (not closed and closed), Carbon County and T14S R11E queries of late September 2026 (Bureau of Land Management, 2026-09) primary filing
- 43 CFR 3833.11 (Legal Information Institute (Cornell)) primary government “by the 90th day after the date of location”
Carbon County's own zoning map service (the county's 'County Zoning' layer, checked in late September 2026 at the center of each area) shows: Section 16, T14S R11E, Valar's Wellington lease, zoned M&G, 'Mining and Grazing Zone' (matching the Trust Lands memo, csite-015); the NW quarter of Section 28, where the RW 453 notice places the claim, zoned RR-1, 'One-acre Rural Residential Zone', and the NE quarter zoned RR-2.5, 'Two-and-one-half-acre Rural Residential Zone' (the notice names both quarters, mine-453). Utah's county land-use law does not give the county jurisdiction over land the United States owns, unless other law provides it (Utah Code 17-79-306), and about 37% of Section 28's north half is a federal parcel; the rest is private land under the county's zoning. What the county's residential zones allow is set by Carbon's development code, which this record does not summarize for those zones.
- Carbon County GIS, CountyGeneralMap/Zoning, layer 3 'County Zoning' (read September 2026) (Carbon County) primary government “One-acre Rural Residential Zone”
- Carbon County GIS, County Zoning layer: zones intersecting Section 28, T14S R11E (query result) (Carbon County) primary government “One-acre Rural Residential Zone”
- Carbon County GIS, County Zoning layer: zones intersecting Section 16, T14S R11E (query result) (Carbon County) primary government “Mining and Grazing Zone”
The Green River Gigasite application (UTUT106784007) lists 22 sections: T20S R14E secs. 24-25; T20S R15E secs. 19-21, 25-31 and 33-35; T21S R15E secs. 1, 3-5 and 12; T21S R16E secs. 5-6. None of the 2,060 Emery County claims in either BLM claim layer (open, or closed within the year), as checked in late September 2026, lists any of those sections. The nearest claim activity is in other sections of the same and neighboring townships (e.g. the GFU placers in T21S R15E and GRU placers in T21S R16E, August 2025). The application skips sections 32 and 36 of T20S R15E and section 2 of T21S R15E.
- BLM Natl MLRS Rights of Way (ROW) (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing
- BLM Natl MLRS Mining Claims - Not Closed (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing
- BLM Natl MLRS Mining Claims - Closed (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing
Checking each route to a reactor site against the record: the Carbon site is state trust land that Trust Lands approved leasing to Valar (mine-010, mine-011), where federal claims cannot be staked (mine-021); the Green River and 'Project Beehive' sites are FLPMA land-use applications to BLM (mine-006), with no claims in the Green River footprint (mine-007); the Emery expansion is a land purchase from Emery County (mine-018); the test reactor sits on the state's lab by agreement (orig-045). No mining claim, 3809 notice or plan of operations in BLM's public layers is linked to Valar by name or customer (mine-030). Federal law allows an unpatented claim to be used only for prospecting, mining or processing (mine-022, mine-023). Separately, a Notice of Location shows Valar located the RW 453 lode claim in Section 28, two miles south of the lease, on 12 September 2026 (mine-453); it is not yet in BLM's layers, which is within the 90-day filing window (dir-005).
- BLM Natl MLRS Rights of Way (ROW) (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing
- BLM Natl MLRS Mining Claims - Not Closed (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing
- 8.20.2026 TLA Board Packet (Discussion Item 9A: SULA 2095 OBA, Board Meeting Discussion Memorandum) (Utah Trust Lands Administration (Utah Public Notice Website), 2026-08-20) primary government
- 30 U.S.C. 612: Restrictions and limitations on use of unpatented mining claims (Surface Resources Act) (Office of the Law Revision Counsel, U.S. House, 1955-07-23) primary government
Queries of BLM's public MLRS layers for 'VALAR' in the customer or case name returned 0 locatable-mineral notices, 0 plans of operations and 0 leases/permits/easements nationwide, and 3 rights-of-way cases (mine-006). The layers include pending and authorized cases.
- BLM Natl MLRS Locatable Notices (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing
- BLM Natl MLRS Plans of Operations (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing
- BLM Natl MLRS Leases, Permits, and Easements (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing
- BLM Natl MLRS Rights of Way (ROW) (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing
Built or operating: Ward 250 and its fuel lab at the San Rafael lab, Emery County; the company's design, machining and test shops in Hawthorne/Torrance, California. Used once: the NOVA test core at the National Criticality Experiments Research Center, Nevada, operated by Los Alamos in November 2025 (orig-008). Being acquired: the 112-acre Emery County parcel beside the lab (gov-022, loc-014). Lease approved: on 17 September 2026 the state trust-lands board approved a lease with purchase option for 480 acres of the section north of Wellington, with the other 160 acres to follow if the National Guard's lease there is moved (mine-011); no record read shows the lease signed. Applied for: three Bureau of Land Management cases, all in the Price Field Office, all 'Pending' in late September 2026: UTUT106784007 'Green River Gigasite Small Modular Reactor/Data Center' (10,270.61 acres, case date 13 February 2026, which Valar told The Washington Sun it no longer pursues, mine-008), UTUT106801248 'Project Beehive Small Modular Reactor/Data Center' (case date 13 April 2026, no acreage shown), and UTUT106833224, a distribution-line case with no name (entered 23 July 2026). NPR reported on 30 September 2026, citing a Valar proposal to federal regulators that NPR reviewed, that Project Beehive would cover over 9,000 acres of BLM land near Price with data centers, some 456 small reactors of 25 megawatts of electricity each, a fuel facility and nuclear-waste storage, with the first reactors in 2028; BLM's Utah office told NPR it had received an application and was reviewing it for completeness. The proposal itself was not found in public records. No BLM rights-of-way case names Valar outside Utah, and its other public layers show no Valar claims, notices, leases or permits (mine-030). Valar says it looked at more than 20 states (loc-001); no site in another state was found in any public record read.
- BLM National MLRS Land Use Authorizations - Rights-of-Way (records for Valar Atomics) (U.S. Bureau of Land Management, 2026-09-15) primary government “Green River Gigasite Small Modular Reactor/Data Center”
- Castle Country (Valar Atomics, 2026-09) primary company
- Board of Trustees Meeting slides, August 20, 2026 (SULA 2095 Other Business Arrangement) (Utah Trust Lands Administration, via Utah Public Notice Website, 2026-08-20) primary government “Selected by Valar Atomics following multi-state search”
- A startup wants to build a massive nuclear-powered data center on public land in Utah (NPR, 2026-09-30) news “some 456 small nuclear reactors”
The Washington Sun (Mara Hoplamazian and Jade Lozada, published and updated 18 September 2026) reported that the largest data-center proposal it found on BLM land 'appears to be' a 10,200-acre project from Valar Atomics at a site near Green River, Utah, and that Valar had a second Utah proposal it called the 'Raceway Gigasite', with no estimated size. An editor's note added after publication says Valar contacted the paper, confirmed it had applied 'for survey access' at the 10,200-acre site, and that a company spokesperson said it had decided not to pursue the project. In late September 2026 BLM's public layer still showed UTUT106784007 as 'Pending' (last modified 26 May 2026) and titled for a reactor and data center, not a survey. No BLM case named 'Raceway' was found in BLM's public MLRS layers searched in late September 2026; the only other Valar case with a site name is 'Project Beehive' (mine-006). Whether 'Raceway' and 'Beehive' are the same site is not shown in any record read.
- Trump Is Considering More Data Centers on Public Lands Than Previously Known (The Washington Sun (Mara Hoplamazian and Jade Lozada), 2026-09-18) news “After considering the site, the company has decided to no longer pursue the project”
- BLM Natl MLRS Rights of Way (ROW) (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing “Green River Gigasite Small Modular Reactor/Data Center”
The claim's Notice of Location reads: locator Valar Atomics Inc, 20333 Normandie Ave, Torrance, CA 90501; the 'RW 453' Lode Mining Claim in quarter sections NW and NE of Section 28, Township 14S, Range 11E, Salt Lake Principal Meridian, Carbon County, Utah; located on the 12th day of September 2026. The claim is about 1,500 by 600 feet (1,490 feet east and 10 feet west of the monument, 300 feet each side), which is the largest size a single lode claim may take. It ties the claim's NW corner to the permanent monument at the SE corner of Section 32 (see dir-001 for a problem with that tie). The number 453 suggests a numbered series of claims, but one notice does not show how many exist; no RW claim was found in BLM's public mining-claim layer when it was checked in late September 2026 (dir-005).
- Utah Code Title 40, Chapter 1, Mining Claims (40-1-1 to 40-1-12) (Utah State Legislature, 2025-05-07) primary government “shall not exceed, 1,500 feet in length along the vein or lode”
The RW 453 notice (mine-453) ties the claim's NW corner to the permanent monument at the SE corner of Section 32, T14S R11E: approximately 8,179 feet at an azimuth of 265.3 degrees. BLM's survey grid puts that corner at about 39.5570 N, 110.7025 W. An azimuth of 265.3 degrees is almost due west; 8,179 feet that way ends near 39.555 N, 110.73 W, about two miles from Section 28, which lies to the north (39.572-39.586 N). The same distance at about 5 degrees (nearly due north) lands in Section 28's north half (39.579 N, 110.700 W), so the bearing looks like an error. This is a calculation from the notice and BLM's section geometry, not a survey.
- BLM National PLSS (CadNSDI) sections layer: SE corner of Section 32, T14S R11E SLM (checked in late September 2026) (Bureau of Land Management, 2026-09) primary government
- Utah Code Title 40, Chapter 1, Mining Claims (40-1-1 to 40-1-12) (Utah State Legislature, 2025-05-07) primary government “located by reference to some natural object or permanent monument”
The Utah Trust Lands Administration's 20 August 2026 board memorandum (Discussion Item 9A) names the applicant as Valar Atomics Inc. and the land as T14S, R11E, Section 16, 640 acres of state trust land about five miles north of Wellington, benefiting the Public Schools Trust. It confirms that the Special Use Lease Agreement 'SULA 2095 OBA' on the August agenda is this parcel. The stated purpose is an integrated nuclear energy, advanced manufacturing, critical mineral refining and data center campus: developing, manufacturing and operating high-temperature gas-cooled reactors (HTGRs) for power, plus possible TRISO fuel manufacturing, concrete batch plants, component manufacturing, hydrogen and synthetic fuels, data centers, water desalination and steel making. It is an 'Other Business Arrangement' because it includes an option to buy the land. Staff at the meeting described the site as about six miles east of Price and said Valar chose it after a multi-state search.
- 8.20.2026 TLA Board Packet (Discussion Item 9A: SULA 2095 OBA, Board Meeting Discussion Memorandum) (Utah Trust Lands Administration (Utah Public Notice Website), 2026-08-20) primary government “an integrated nuclear energy, advanced manufacturing, critical mineral refining, and data center computing campus”
- 2026-08-20 TLA Board of Trustees Meeting Audio Transcript (auto-generated) (Utah Trust Lands Administration (Utah Public Notice Website), 2026-08-20) primary government
Right-of-entry permit application 7675 (Trust Lands permit map, 18 February 2026) covers nearly all of Section 16, T14S R11E, SLB&M, north of Wellington: 634.32 acres (the map leaves out a small southeast corner). Trust Lands' map for Special Use Lease Agreement No. 2095, produced 9 April 2026 and posted by the RDCC on 20 April 2026 as a 'Lease Agreement with possible option to purchase' (project 87203), covers the north half and southwest quarter of the same section: 480 acres. The Trust Lands board memorandum says the Utah National Guard's lease, SULA 1321, occupies the section's southeast quarter (160 acres). The board approved SULA 2095 with Valar Atomics on 17 September 2026, per the meeting transcript (mine-011). No record read names the applicant for 7675 or shows the permit was issued.
- Right of Entry No. 7675 - Geotechnical Survey (permit map) (Utah Trust Lands Administration (via the RDCC project register), 2026-02-18) primary government “Right of Entry No. 7675 - 634.32 Acres”
- Special Use Lease Agreement No. 2095 (lease map) (Utah Trust Lands Administration (via the RDCC project register), 2026-04-09) primary government “N2, SW4 - Section 16 - 480 Acres”
- RDCC project register: projects 87096-87099 (Right-of-Entry Permits #7672, #7674, #7675, #7676) and 87203 (SULA 2095) (Utah Resource Development Coordinating Committee (Public Lands Policy Coordinating Office), 2026-02-19) primary government “to evaluate the feasibility of a potential industrial and manufacturing development”
- 09.17.2026 TLA Board Packet (Notification Item 10A: SULA 2095 OBA memorandum) (Utah Trust Lands Administration, 2026-09-14) primary government “The UNG lease (SULA 1321) occupies 160 acres of the 640-acre section”
On 19 February 2026 the state's Resource Development Coordinating Committee (RDCC) posted four applications for Trust Lands right-of-entry (site-study) permits as projects 87096 to 87099, numbered 7672, 7674, 7675 and 7676. Comments were due 3 March and the stated start was 6 March. Each notice says that Trust Lands 'has received a Right-of-Entry (ROE) permit application' for cultural-resource surveys, geotechnical investigations and similar studies 'to evaluate the feasibility of a potential industrial and manufacturing development', and that 'No permanent development is proposed under the Right-of-Entry authorization.' Trust Lands' permit maps, dated 18 February 2026, give the areas: 7672, 1,812.94 acres near Green River (T20S R15E and T21S R15-16E, Emery County); 7674, 5,381.59 acres south and west of Price (T14-15S R9-10E, Carbon County); 7675, 634.32 acres, nearly all of Section 16, T14S R11E, north of Wellington (Carbon County; the map leaves out a small southeast corner); 7676, 487.83 acres in Sections 2 and 16, T16S R13E (Emery County). That is 8,316.68 acres in all. The notices record that local governments were contacted on 19 February. The only state comments were Division of Wildlife Resources recommendations of 3 March 2026: three of the areas are crucial year-long pronghorn habitat; white-tailed prairie dogs, burrowing owls and kit foxes could occur; and hawks are known to nest near two of the areas. No applicant is named in the four notices, the four maps or the comment letters, and no record read shows the permits were issued: the register lists all four as 'State Comment Published'.
- RDCC project register: projects 87096-87099 (Right-of-Entry Permits #7672, #7674, #7675, #7676) and 87203 (SULA 2095) (Utah Resource Development Coordinating Committee (Public Lands Policy Coordinating Office), 2026-02-19) primary government “to evaluate the feasibility of a potential industrial and manufacturing development”
- Right of Entry No. 7672 - Geotechnical Survey (permit map, file ROE_7672_SULA_1622_02182026.pdf) (Utah Trust Lands Administration (via the RDCC project register), 2026-02-18) primary government “Right of Entry No. 7672 - 1,812.94 Acres”
- Right of Entry No. 7674 - Geotechnical Survey (permit map) (Utah Trust Lands Administration (via the RDCC project register), 2026-02-18) primary government “Right of Entry No. 7674 - 5,381.59 Acres”
- Right of Entry No. 7675 - Geotechnical Survey (permit map) (Utah Trust Lands Administration (via the RDCC project register), 2026-02-18) primary government “Right of Entry No. 7675 - 634.32 Acres”
- Right of Entry No. 7676 - Geotechnical Survey (permit map) (Utah Trust Lands Administration (via the RDCC project register), 2026-02-18) primary government “Right of Entry No. 7676 - 487.83 Acres”
- Public Lands Policy Coordinating Office letter on Right-of-Entry Permit #7674 (Division of Wildlife Resources comments) (Utah Public Lands Policy Coordinating Office, 2026-03-03) primary government “within crucial year-long pronghorn habitat”
- RDCC project register, layer definition (status codes; code 7 = State Comment Published) (Utah Public Lands Policy Coordinating Office) primary government “State Comment Published”
- Public Lands Policy Coordinating Office letter on Right-of-Entry Permit #7675 (Division of Wildlife Resources comments) (Utah Public Lands Policy Coordinating Office, 2026-03-03) primary government “ferruginous hawks and red-tailed hawks have been known to nest”
- Public Lands Policy Coordinating Office letter on Right-of-Entry Permit #7676 (Division of Wildlife Resources comments) (Utah Public Lands Policy Coordinating Office, 2026-03-03) primary government “within crucial year-long pronghorn habitat”
Right-of-entry permit application 7672 (1,812.94 acres; Trust Lands permit map, 18 February 2026) lies within Sections 32 and 36 of T20S R15E, Sections 10 and 11 of T21S R15E and Section 6 of T21S R16E, near Green River in Emery County. The permit map file is named for, and draws beside it, Special Use Lease Agreement No. 1622 (2,441.03 acres); no record read names that lease's holder. Overlaid on BLM's case map for Valar's pending 'Green River Gigasite' right-of-way application (UTUT106784007), Section 32 of T20S R15E lies wholly inside the application's outer boundary and is the only hole in the case map (about 637 acres): state land the application surrounds. The case map also covers about 467 acres of Section 6, T21S R16E (the part that is not state land); the permit application's state land there lies outside it. Sections 36, 10 and 11 lie outside it; they border it, but no part falls inside it. No record read (to 30 Sept 2026) names the applicant for 7672 or shows the permit was issued. BLM's case record, as saved in late September 2026, listed Valar's application as pending; Valar told a reporter it has decided not to pursue the site (mine-008).
- Right of Entry No. 7672 - Geotechnical Survey (permit map, file ROE_7672_SULA_1622_02182026.pdf) (Utah Trust Lands Administration (via the RDCC project register), 2026-02-18) primary government “Right of Entry No. 7672 - 1,812.94 Acres”
- BLM Natl MLRS Rights of Way: case UTUT106784007, 'Green River Gigasite Small Modular Reactor/Data Center' (case map) (Bureau of Land Management (MLRS)) primary filing “Green River Gigasite Small Modular Reactor/Data Center”
- BLM PLSS CadNSDI first division (sections) for the listed townships (Bureau of Land Management (Cadastral National Spatial Data Infrastructure)) primary government
- RDCC project register: projects 87096-87099 (Right-of-Entry Permits #7672, #7674, #7675, #7676) and 87203 (SULA 2095) (Utah Resource Development Coordinating Committee (Public Lands Policy Coordinating Office), 2026-02-19) primary government “to evaluate the feasibility of a potential industrial and manufacturing development”
- Trump Is Considering More Data Centers on Public Lands Than Previously Known (The Washington Sun (Mara Hoplamazian and Jade Lozada), 2026-09-18) news “After considering the site, the company has decided to no longer pursue the project”
BLM's public rights-of-way layer lists Valar Atomics on three pending cases; the first two name it 'Applicant' and were filed with the Price Field Office (the office that handles most rights-of-way cases in Carbon and Emery counties in the same layer): (1) UTUT106784007, 'Green River Gigasite Small Modular Reactor/Data Center', a FLPMA land-use case, 'Pending' since 13 February 2026 (last modified 26 May 2026), 10,270.61 acres in T20S-T21S, R14E-R16E, north-west of the town of Green River in Emery County; (2) UTUT106801248, 'Project Beehive Small Modular Reactor/Data Center', 'Pending' (disposition date 13 April 2026, record created 30 April, last modified 15 September 2026), with no land description or map in the public layer; (3) UTUT106833224, filed under BLM's 'Oil and Gas Pipelines' product with the commodity 'DISTRIBUTION LINE', created 23 July 2026, 'Pending', also with no land shown and no case name. None of the three involves mining claims. No Federal Register notice naming Valar for any of them was found. On 18 September 2026 Valar told The Washington Sun that the Green River filing was an application for survey access and that it had decided not to pursue that project; BLM's layer still listed the case as 'Pending' in late September 2026 (mine-008).
- BLM Natl MLRS Rights of Way (ROW) (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing “Green River Gigasite Small Modular Reactor/Data Center”
Utah Code 40-1-2 requires the locator to erect a monument at the place of discovery and post on it a notice of location giving the claim's name, the names of the locators, the date of location, and its size and description tied to a natural object or permanent monument. Utah Code 40-1-3 requires the claim's boundaries to be distinctly marked on the ground so they can be readily traced. Utah Code 40-1-4 requires a substantial copy of the notice to be recorded with the county recorder of the county where the claim lies within 30 days of posting.
- Utah Code 40-1-2: Discovery monument -- Notice of location -- Contents (Utah State Legislature, 2024-05-01) primary government “must erect a monument at the place of discovery”
- Utah Code 40-1-3: Boundaries to be marked (Utah State Legislature) primary government “distinctly marked on the ground so that the boundaries thereof can be readily traced”
- Utah Code 40-1-4: Copy of location notice to be recorded (Utah State Legislature) primary government “record a substantial copy of the notice of location”
43 U.S.C. 1744 (FLPMA sec. 314) requires the claimant, for any claim located after 21 October 1976, to file a copy of the recorded location notice with BLM within ninety days of location, and to file each year, before 31 December, in both the county office where the location notice is recorded and BLM's designated office. Failing to file is deemed conclusively to be abandonment of the claim.
- 43 U.S.C. 1744: Recordation of mining claims (FLPMA sec. 314) (Office of the Law Revision Counsel, U.S. House, 1976-10-21) primary government “shall be deemed conclusively to constitute an abandonment of the mining claim”
30 U.S.C. 612(a) (Surface Resources Act of 23 July 1955) says a mining claim located after that date may not be used, before a patent is issued, for any purpose other than prospecting, mining or processing and uses reasonably incident to them. Subsection (b) keeps the United States' right to manage the surface and let others use it, so long as that does not materially interfere with mining.
- 30 U.S.C. 612: Restrictions and limitations on use of unpatented mining claims (Surface Resources Act) (Office of the Law Revision Counsel, U.S. House, 1955-07-23) primary government “for any purposes other than prospecting, mining or processing operations”
30 U.S.C. 22, from the Mining Law of 10 May 1872, declares valuable mineral deposits in lands belonging to the United States free and open to exploration and purchase by citizens, under federal law and local mining customs, 'except as otherwise provided'. The statute reaches only land of the United States; the Wellington parcel (Sec. 16) is state trust land (mine-010), so a federal mining claim cannot be staked on it.
- 30 U.S.C. 22: Lands open to purchase by citizens (Office of the Law Revision Counsel, U.S. House, 1872-05-10) primary government “all valuable mineral deposits in lands belonging to the United States”
Federal mining law, 30 U.S.C. 23, limits a lode claim to 1,500 feet along the vein and 300 feet each side of it, and says no claim may be located 'until the discovery of the vein or lode within the limits of the claim located'. Utah Code 40-1-1 says the same for Utah. 40-1-2 requires a monument at the place of discovery with the notice on it (claim name, locators, date, feet claimed along the vein each way, width, the general course of the vein, and a tie to a natural object or permanent monument). 40-1-3 requires the boundaries to be distinctly marked on the ground. 40-1-4 requires a substantial copy of the notice to be recorded with the county recorder within 30 days after posting: for RW 453, located September 12, 2026, by about October 12, 2026 (mine-453). 40-1-11 makes it a class B misdemeanor to tear down or deface a posted notice or remove a claim's stakes or monuments. The RW 453 notice therefore amounts to a claim that a vein or lode was discovered in Section 28; no record read says what mineral.
- 30 U.S.C. 23, Length of claims on veins or lodes (Legal Information Institute (Cornell)) primary government “until the discovery of the vein or lode within the limits of the claim located”
- Utah Code Title 40, Chapter 1, Mining Claims (40-1-1 to 40-1-12) (Utah State Legislature, 2025-05-07) primary government “until the discovery of the vein or lode within the limits of the claim located”
BLM's use-and-occupancy rules (43 CFR subpart 3715) limit use of mining claims to what is 'reasonably incident' to prospecting and mining. Occupancy (living on site, structures, watchmen) beyond 14 days in 90 requires ongoing, observable mining work, BLM consultation and BLM's determination before it begins. Prohibited acts include uses not reasonably incident to mining, fences or gates that shut out the public without BLM approval, and blocking public passage by force or intimidation.
- 43 CFR Part 3710, Subpart 3715: Use and Occupancy Under the Mining Laws (2024 edition) (U.S. Government Publishing Office (govinfo), 2024-10-01) primary government “limiting such use or occupancy to that which is reasonably incident”
Under BLM's surface-management rules (43 CFR subpart 3809), exploration disturbing 5 acres or less needs a complete notice filed 15 days before starting (3809.21(a)); casual use with negligible disturbance needs neither. Any other work beyond casual use (all mining, and exploration over 5 acres), bulk sampling of 1,000 tons or more, or work in special areas needs a plan of operations, and before acting on a plan BLM publishes its availability and takes at least 30 days of public comment (3809.411(c)). The notice rule we read has no public-comment step. As of late September 2026, BLM's public layers showed 7 notices and 7 plans in Emery County and none in Carbon County; none is Valar's (mine-030).
- 43 CFR Part 3800, Subpart 3809: Surface Management (2024 edition) (U.S. Government Publishing Office (govinfo), 2024-10-01) primary government “exploration causing surface disturbance of 5 acres or less”
- 43 CFR 3809.411: What action will BLM take when it receives my plan of operations? (2024 edition) (U.S. Government Publishing Office (govinfo), 2024-10-01) primary government “will accept public comment for at least 30 calendar days on your plan of operations”
- BLM Natl MLRS Locatable Notices (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing
- BLM Natl MLRS Plans of Operations (feature layer and query results) (Bureau of Land Management (MLRS)) primary filing
Under 43 CFR 2804.25 (2024 edition), BLM tells the applicant in writing when it receives a right-of-way application and the cost-recovery fees; it completes NEPA review, consults tribes and other governments, and then decides. The rule says BLM will hold public meetings if there is enough public interest to warrant them, announced in the Federal Register and by other means such as local newspapers or the internet; for solar and wind projects it must hold a local meeting when there is no other early engagement. Valar's three applications are pending (mine-006) and no Federal Register notice for them was found.
- 43 CFR 2804.25: How will BLM process my application? (rights-of-way, 2024 edition) (U.S. Government Publishing Office (govinfo), 2024-10-01) primary government “Hold public meetings if sufficient public interest exists to warrant their time and expense.”