Mining Claims Annual Filing

[Clay Diggins]

It's time again to make your annual recordings and filings to keep your mining claims for another year. We put out this notice and flyer every year to help claim owners to understand the obligations involved and guide them to the best choices for their particular situation.

Important points to remember whether you choose to pay the $155 per 20 acres or take the small miners exemption and pay $10 per claim (no matter what size).

1. Every claim must have a County Recording AND a BLM filing for each year you intend to hold the claim.
2. The Federal filing deadline is August 31.

The details are in the chart and flyer below. Just follow the arrows as you make your decisions. Download the PDFs and take your time. Please do share this information with other miners - a lot of claims are lost each year due to missed deadlines or improper paperwork.

Feel free to ask questions. This stuff can be pretty confusing.

 

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[Hoser John]

Great info,filing in trinity monday, shasta done,still gripes me to have to pay a USURY tax but........WARNING Trinity county has REDUCED their Recorders/tax collectors op hours yet AGAIN making it a real pain to file and waiting lines are ridiculous the closer you get to 8/31. Recorder-11am-1 pm----tax collector 9am-1pm m-f. You must pay tax to file with recorder and if in a non tax county you still need the tax part signed or the recorder will not file...games galore even when none.John

 

[MinerFortyNiner1952]

Thanks for posting Clay Diggins.

It finally makes sense.

 

[Clay Diggins]

You must pay tax to file with recorder and if in a non tax county you still need the tax part signed or the recorder will not file.

John is right about Trinity and a few other counties in California requiring tax registration of claims. It's very unevenly applied in those California counties that try to charge the illegal tax on federal lands. (Hint: In some counties they only tax those claims that were located by tax parcel description or parcel numbers. Mining claims should never be located by parcel. )

The important point is that some of the requirements for public recording vary by State, or even by county in the case of California. Deadlines for those county records vary by State and how Affidavits are made vary from State to State. Sometimes a notary is required, sometimes a signature is good enough. You need to check the public recording requirement for mining claims in your State, knowing what the requirements are in another State isn't going to help you meet your local requirements.

The federal requirements for filing at the BLM, on the other hand, are the same in every State.

 

[SLNugget]

Thanks for the post. Great info.

 

[Clay Diggins]

You're welcome!

The better informed miners are the more strength we have as a group.

Look for more to come. ;-)

Heavy Pans

 

[SLNugget]

I have a sort of related question for you Clay. In researching some AZ claims I have found several Location Notices that were date stamped by the BLM prior to being recorded and dated by the County Recorder. What is up with that deal? It is the same locator but three different counties in AZ. Thanks for your input.

 

[Hoser John]

Illegal as they put the horse behind the cart and worthless as reversed. Called a paper defect and open-John

 

[Clay Diggins]

I have a sort of related question for you Clay. In researching some AZ claims I have found several Location Notices that were date stamped by the BLM prior to being recorded and dated by the County Recorder. What is up with that deal? It is the same locator but three different counties in AZ. Thanks for your input.

Good question Stan.

We get this question from a lot of miners and this is a good opportunity to clear up the misunderstanding of how a valid claim location is made.

First and foremost is to understand when the location is valid. As soon as you raise the monument stake and post your location notice on it you have made a claim location. This starts the clock ticking on a series of obligations to keep your claim valid. These include:

Staking the corners and/or marking the boundaries (depends on State law as to how many, where and what type of stakes).

Making a public record. This is the County Recorder filing. Each State controls the amount of time after location you have before the Record must be made. In most States this is 90 days.

Informing the BLM of your new location and paying location fees. The time limit in any state is within 90 days of making your location and you must make your filing with the State office. Both the notice filing and the fees must be done within the 90 days.

Make timely annual recordings each year with the County Recorder in the county in which the claim is located.

Make timely annual filings and pay your fees each year with the BLM State office.

In some States you may be required to maintain your monuments yearly or pay additional annual fees or make annual tax payments.

If you do all of these things you will have a claim location that is valid on paper. If you do not do these things within the legal time limits your claim may be void. Notice that there is no law as to the order in which you must finish your staking, record with the County Recorder or file and pay fees with the State BLM office.

It's just good form to stake, make your public record and then file with the BLM. A wise locator will create a more solid paper trail by doing so in that order but there is no law voiding a claim location if you do it backwards.

In my opinion a claim worth locating is worth doing right from the beginning. Having the County Recorder's conforming stamp on the BLM informational filing is just good practice when locating but it certainly isn't necessary or required by law.

All that being said it's not really the biggest issue with bad locations. We see hundreds of claims each year that are void before they are recorded or filed.

Very often new claims are made over existing claims. Those new claims are never valid. Many claims are made on private, State or areas closed to mineral entry. Those claims are also invalid. Often we see claims made on non-mineral ground, those claims are invalid.

All of those invalid locations are wasted time and money, and often a problem for valid existing claims.

A valid paper claim properly monumented will give you legal rights against other prospectors and those who would attempt to locate their claim over yours (very common). There is no authority to enforce those claim rights but the original locator. It is up to you to enforce those rights.

The BLM and County Recorder have no enforcement duty when it comes to mineral trespassers or overclaimers.

In the case of overclaimers not even the Sheriff can help you until you get an order from the court. Those courts are going to rely on your paper record. Making a clear complete record from the beginning will help the judge help you.

Not following good location practice doesn't invalidate your claim but it can lead to more work and time down the line if you ever have to prove your claim in a court.

I hope that helps answer your question Stan.

Heavy Pans

 

[Hoser John]

Read at blm.gov as a requirement absolutely-prior filing in the county-read from their source-might,but highly improbable,different in states other than kalif as 0 zip nyet nuttn' to file with blm as no claim exists as a legal entity BUT BLM will take your cash no problem. In my store I exhibited my claim papers to the BLM office in Sacramento for years-you got the cash and I owned the mineral rights to their offices hahahaha-nuttn' makes any sense anymore-John

 

[Clay Diggins]

I couldn't find that particular bit of BS on the BLM site John. If you have a link to that particular lie I would like to see the page.

There is no such law or regulation. The State of California has no such law. Here is a link to the California law governing making claims. It's not in there but feel free to look.

I have mapped thousands of claims in California direct from their location notices. A large percentage of them made since 1976 were filed at the State BLM before they were recorded. Personal professional first hand experience shows me there is no pattern to which comes first in California over the past 38 years. Before 1976 there was no requirement to file anything with the BLM.

Yes the BLM will take your money for any claim made on Federal lands. It doesn't matter how many other claims are there or whether any claim has actually been staked or recorded. It doesn't matter how deep those claims are made over each other. Just bring some paperwork and the correct (or incorrect) payment and the BLM will make a case file for your "claim".

I don't know how many times I have to say this - the BLM is not your friend, the BLM is not your lawyer, the BLM does not make laws, the BLM is not legally responsible for giving you misinformation that costs you money or causes you to lose your claim. Relying on the BLM for information is a bad idea. Please ignore the "advice" on the BLM site. Many many people have lost their claims relying on BLM for information.

Heavy Pans

 

[mu50stang]

Once you pay your yearly fee online is there any other paperwork that needs to be filed?

Edit: Looks like I should file an Intent to hold. What happens if you paid the fees last year but didn't file you Intent to hold.

 

[KevinInColorado]

It's time again to make your annual recordings and filings to keep your mining claims for another year. We put out this notice and flyer every year to help claim owners to understand the obligations involved and guide them to the best choices for their particular situation. Important points to remember whether you choose to pay the $155 per 20 acres or take the small miners exemption and pay $10 per claim (no matter what size). 1. Every claim must have a County Recording AND a BLM filing for each year you intend to hold the claim. 2. The Federal filing deadline is August 31. The details are in the chart and flyer below. Just follow the arrows as you make your decisions. Download the PDFs and take your time. Please do share this information with other miners - a lot of claims are lost each year due to missed deadlines or improper paperwork. Feel free to ask questions. This stuff can be pretty confusing.

What happened to the chart and flyer referenced here?

 

[mu50stang]

Does the Notice of Intent to hold form need to be sent to the BLM first and stamped before it is sent to the County Recorder? I looked on the county recorders website and it looks like some claims have them stamped and some don't. If someone knows the correct procedure for this part please post it. Thanks.

 

[mu50stang]

I just got off the phone with the blm and they told me that you only need to pay the annual fee. The intent to hold is if you are applying for a waiver or if its a new claim.

 

[SLNugget]

I just got off the phone with the blm and they told me that you only need to pay the annual fee. The intent to hold is if you are applying for a waiver or if its a new claim.

I wonder if filing the NOI with the county after paying the maintenance fee is a State requirement? Remember what Clay wrote, The BLM is not responsible for anything they say or print.

 

[AzViper]

If anyone is questioning Clays knowledge you need to step back and rethink your thinking. Clay knows what he is talking about no matter what state your looking to place a claim on. If I only had 1/100th of this mans knowledge of the mining laws my wife would think I was smart, can't tell you what she really thinks...

 

[mu50stang]

If anyone is questioning Clays knowledge you need to step back and rethink your thinking. Clay knows what he is talking about no matter what state your looking to place a claim on. If I only had 1/100th of this mans knowledge of the mining laws my wife would think I was smart, can't tell you what she really thinks...

I am not questioning anyones knowledge but I called twice to double check and two different people told me the same thing. I asked them about the rules posted on the Arizona BLM website and they both told me the same thing. I am not trying to piss anyone off but just hoping to get more clarity on this issue. Maybe Clay can chime in when he gets a chance.

EDIT: http://www.blm.gov/az/st/en/prog/mining/claims.print.html Here are the Arizona claim requirements.

 

[Hefty1]

Filed today...BLM...MAINTENANCE FEE WAIVER CERTIFICATION, AFFIDAVIT OF ANNUAL ASSESSMENT WORK-PROOF OF LABOR $10.00.

Went to county recorders office...got no tax due stamp on AFFIDAVIT OF ANNUAL ASSESSMENT WORK-PROOF OF LABOR and got this recorded $18.00

Not Rocket Science....

 

[Hefty1]

What part are you having trouble with?........ U.S. DEPARTMENT OF THE INTERIORBUREAU OF LAND MANAGEMENT Arizona

Annual Mining Claim Maintenance Fee Requirements

​ Annual Maintenance Fees Have increased from $140 to $155 NEW & NOW AVAILABLE! PAY YOUR ANNUAL MINING CLAIM MAINTENANCE FEES ON-LINE.​ GO TO: www.blm.gov/payportal/home.html​ WHAT MUST BE PAID OR FILED?​ Pay the 2015 "Maintenance Fee" of $155 per claim, mill site, and/or tunnel site, on or before September 1, 2014. Placer claims over 20 acres must pay an additional $155 per 20 acres or portion thereof. Note: Faxed documents will not be accepted. Payment Forms [url]http://mines.az.gov/Info/claimforms.pdf[/URL] OR​ File a 2015 Maintenance Fee Payment Waiver Certification, BLM Form 3830­-2, (commonly referred to as the Small Miner's Waiver) on or before September 1, 2014. There is no charge for filing a Small Miner's Waiver.​ OR​ Pay annual maintenance fees on-line at this website www.blm.gov/payportal/home.html​ AND ​ Minerals & Mining​ BLM Issues Interim Final Rule Regarding Placer Mining Claim Maintenance Fees LR2000 Land and Mineral Records Database Annual Maintenance Fee Filing Requirements (and Forms) Abandoned Mines Program Mining Claim Information 3809 Requirements, Guidelines and Forms National Information If you file the 2015 Small Miner's Waiver (due on or before September 1, 2014), you are certifying you will perform assessment on your mining claim in the "2015" assessment year and you will be required to do the following on or before December 30, 2015:​ For all PLACER and LODE MINING CLAIMS listed on the Waiver, you must file an Affidavit of Assessment Work, which shows the assessment work performed in 2015. For MILL SITES or TUNNEL SITES listed on the Waiver, you must file a Notice of Intent to Hold for the assessment year 2015; and Pay a processing fee of $10.00 per claim/site listed on your Affidavit of Assessment Work and/or the Notice of Intent to Hold. This fee must be received at the time you file your Affidavit of Assessment Work and/or the Notice of Intent to Hold on or before December 30, 2015. If it is the first year you are filing a waiver, you must file a Notice of Intent to Hold on or before the December 30 immediately following the filing of your waiver. EX. File the waiver for the 2015 assessment year on or before September 1, 2014, and file a Notice of Intent to Hold on or before December 30, 2014, and then file your Affidavit of Labor for the 2015 assessment year on or before December 30, 2015. REMINDER: For those who filed a "2014 Small Miner's Waiver" by "September 1, 2013," you are required to file your 2014 Affidavit of Assessment Work for your mining claim to show you performed assessment work, or a Notice of Intent to Hold for your mill or tunnel site on or before December 30, 2014, along with a processing fee of $10.00 for each claim/site listed on your Affidavit of Assessment or Notice of Intent to Hold. All new locations must pay $212, even if your "location date" on your form is August 31st of the current year. Claims will expire the next day if you do not turn in your yearly filings. Which means by September 1 of the current year, pay the Maintenance Fee of $155 to the Arizona State Office or turn in the Small Miners Waiver. The Notice of Intent to Hold (NOI) and $10 per mining claim/site processing fee is due to the Arizona State Office by December 30, 2014, or you may turn in the NOI earlier. REQUIREMENTS FOR SMALL MINER'S FEE WAIVER? You may file a Small Miner's Waiver (by September 1, 2014) if you own ten or fewer claims and/or sites throughout the assessment year nationwide and will perform $100 worth of assessment work on your claims for the upcoming assessment year (by December 30, 2015). All claims, mill sites, and tunnel sites must be listed on the Small Miner's Waiver, AND the Small Miners Waiver must contain the original signatures (preferably in Blue Ink) of all claimants/owners having an interest in the claims/sites. If an agent signs for any of the claimants/owners, a notarized designation of agent, signed by all claimants/owners must be submitted with the waiver. Additional Information can be found here. WHERE DO YOU FILE? Bureau of Land Management Arizona State Office One North Central Avenue, Suite 800 Phoenix, AZ 85004-4427 Phone: (602) 417-9528 Information Access Center BE ALERT! FILING REQUIREMENTS ARE SUBJECT TO CHANGE