BLM lacks assurance mining claimants meet citizenship requirements, GAO finds

The Government Accountability Office found that the Bureau of Land Management generally does not know whether mining claimants are qualified to hold mining claims on federal lands. The agency does not collect citizenship information and does not document if mining claimants meet U.S. citizenship requirements, according to the report published Friday 16 October 2026.

U.S. mining laws require that mining claimants generally must be U.S. citizens. Business entities must be incorporated in a U.S. state or territory. Foreign entities are not qualified to be claimants, but their subsidiaries can hold claims if incorporated in the U.S.

The GAO analyzed a nongeneralizable sample of 15 mining claimants that appeared to be business entities. The agency could not find evidence that 7 of the claimants were incorporated in the U.S. as required. BLM was unable to help determine if these entities met the requirement because it did not have the necessary information.

The report said BLM generally does not collect citizenship information from mining claimants. BLM officials said the agency rarely verifies the citizenship of mining claimants. Mining claimants are not required to disclose if they are a subsidiary of another entity or provide information on foreign investment they may receive.

Australia and Canada collect detailed information on foreign investors in businesses in their countries. Both countries can restrict foreign investments in mining and limit the ability of foreign state-owned enterprises to acquire control of businesses involving critical minerals.

Critical minerals are vital to the U.S. economy and national security. Federal lands are a significant source of hardrock minerals and include some mining operations supported by foreign investments, according to BLM officials.

The GAO recommended that BLM direct staff to collect citizenship information and document that mining claimants meet U.S. citizenship requirements.