Authorization for Crypto-Mining on Public Lands | Bureau of Land Management (2024)

From:Assistant Director, Energy, Minerals and Realty Management

Information Bulletin:

September 27, 2023

In Reply Refer To:
2800, 2880, 3100 (HQ-310, HQ-350) P

EMS TRANSMISSION 10/10/2023
Information Bulletin No. 2023-062

To: All Field Office Officials
Attn: (Line Officers)

From: Assistant Director, Energy, Minerals and Realty Management

Subject: Authorization for Crypto-Mining on Public Lands

Information Bulletin: This Information Bulletin provides general information regarding the use of produced gas or solar or wind resources as an energy source for cryptocurrency operations on public lands managed by the Bureau of Land Management (BLM). So-called cryptocurrency mining is an energy intensive process used for generation and verification of digital currency through servers powered by electricity generators housed in onsite facilities. Cryptocurrency mining on and/or with the use of energy sources from public lands requires an authorization from the BLM. Such activities on public lands without an appropriate BLM authorization are considered a trespass and the BLM should take appropriate action.

A proponent seeking to site and use public lands or its resources for cryptocurrency mining, i.e., all infrastructure and resource use related to this operation, must obtain from the BLM an appropriate right-of-way pursuant to either Title V under the Federal Land Policy and Management Act of 1976 (FLPMA), as amended, 43 U.S.C. § 1761; or Section 28 of the Mineral Leasing Act of 1920 (MLA), as amended, 30 U.S.C. § 185; or both, depending on the source and transport of the energy produced. Applications for cryptocurrency mining operations require an Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property (SF-299) with a Plan of Development in order to obtain an authorization.

Cryptocurrency mining activities are not a royalty-free use for the benefit of an oil and gas lease as defined by MLA. Any authorizations for gas pipelines from the Facility Measurement Point (FMP) to any facility used in cryptocurrency mining must be authorized under Section 28 of the MLA. Any gas used for these operations must be measured at the FMP and reported to the Office of Natural Resources Revenue.

The oil and gas lease operator must file a new site facility diagram, in accordance with 43 C.F.R. § 3173.11(a) with the appropriate BLM office, if the proposed facility is located on a well pad.

Please note that the so-called mining of cryptocurrency on the BLM-managed lands does not qualify as a mining operation and thus is not regulated under the General Mining Law of 1872.

The BLM Headquarters intends to follow-up with BLM Offices and provide specific policy and guidance regarding authorizations for cryptocurrency mining activities on public lands.

If you have any questions concerning the content of this IB, please contact me at (202) 742-0648 or either: Stephen Fusilier, Branch Chief, Rights-of-Way, at (202) 309-3209 or [email protected]; Michael Hogan, Realty Specialist, at (505) 954-2124 or [email protected]; Yvette Fields, Division Chief, Division of Fluid Minerals at (240) 712-8358 or [email protected]; or Indra Dahal, Petroleum Engineer, at (571) 458-6637 or [email protected].

Signed by: Authenticated by:
Emily R. Lindow Robert M. Williams
Acting, Assistant Director Division of Regulatory Affairs and Directives,(HQ-630)
Energy, Minerals, and Realty
Management

Authorization for Crypto-Mining on Public Lands | Bureau of Land Management (2024)

FAQs

Can you mine on BLM land? ›

The BLM is responsible for the subsurface minerals on both its public lands and National Forest System lands. You may prospect and locate mining claims and sites on lands open to mineral entry. Claims may not be located in areas closed to mineral entry.

How does IRS track crypto mining? ›

Yes, Bitcoin and other cryptocurrencies can be traced. Transactions are recorded on a public ledger, making them accessible to anyone, including government agencies. Centralized exchanges provide customer data, such as wallet addresses and personal information, to the IRS.

How do I claim crypto mining on my taxes? ›

Bitcoin, Ethereum, or other cryptocurrencies mined as a hobby should be reported on Form 1040 Schedule 1, Line 8, as "Other Income." This income is taxed at your regular income tax rate. This approach to mining taxes is the simplest. However, hobby mining is not eligible for business deductions.

Do I need a license to mine cryptocurrency? ›

California prohibits mining but allows exchanges (with restrictions). Tax laws apply.

Can I mine on land I own? ›

Unless you also own the minerals under your land, that someone might have every right to start drilling. In the United States, mineral rights can be sold or conveyed separately from property rights. As a result, owning a piece of land does not necessarily mean you also own the rights to the minerals beneath it.

Is BLM land protected? ›

The National Landscape Conservation System was created in June 2000 to conserve, protect and restore the BLM's nationally significant resources for future generations.

How do you avoid taxes on crypto mining? ›

Take profits in a low-income year

The lower your income during the tax year, the lower the tax rates you'll pay on your cryptocurrency disposals. As a result, you should consider taking profits on your cryptocurrency in years where your annual income is low.

Is crypto mining considered earned income? ›

Income received from mining is taxed as ordinary income based on the fair market value of your coins on the day you received them. For example, if you successfully mined 0.25 BTC on March 15, 2022, you will pay income tax based on the price of Bitcoin in dollar terms on that date.

How to write off crypto mining equipment? ›

Equipment

Mining equipment, such as ASICs, GPUs, and CPUs, can be expensive. However, if you mine crypto as a company, you may be able to write off your equipment costs as a business expense. Under Section 179 of the tax code, you can deduct up to $1.08 million in equipment costs for the tax year.

Do I need an LLC to mine crypto? ›

No, you don't need an LLC to mine crypto, but having one can offer benefits. A crypto mining business structured as an LLC enables you to deduct business expenses and potentially reduces self-employment taxes.

Can crypto mining be illegal? ›

Is Bitcoin Mining Legal? In many jurisdictions, Bitcoin mining is legal. However, there are still some countries where it is illegal, so it's important to check the activity's status in your country before you start mining.

How much can you make mining crypto at home? ›

For example, a rig of six MSI GeForce RTX 3080Ti graphics processing units (GPUs) will be most profitable when mining Ravencoin (RVN) and bring around $170 per month. Zcash (ZEC) can bring in almost the same revenue while mining Clore (CLORE) can earn $158 per month.

Is it legal to pan for gold on BLM land? ›

Certain lands under the jurisdiction of the US Forest Service and the Bureau of Land Management (BLM) may be entered for prospecting, but rules and regulations govern entry. There are still areas where you may prospect, and if a discovery of a valuable mineral is made, you may stake a claim.

What can BLM land be used for? ›

The BLM is a multi-use agency. Other visitors may be using the same areas for recreational uses such as camping, hiking, biking, and rock-hounding.

Can land be purchased from BLM? ›

The law states that the BLM can select lands for sale if, through land-use planning, they are found to meet one of three criteria: 1) they are scattered, isolated tracts that are difficult or uneconomic to manage; 2) they were acquired for a specific purpose and are no longer needed for that purpose; or 3) disposal of ...

Can you live off grid on BLM land? ›

But here's the rub: It is technically illegal to live full-time on public land. You can't set up at an off-grid campsite and stay there indefinitely.

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