Filing time

[fowledup]

Reminder for you claim holders to get your small miners waiver and affadavit of Assesment work or Annual Maint. Fee forms filed

 

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[okbasspro]

Filled them out today

 

[Clay Diggins]

Remember they are due by midnight August 31st. Don't buy into the BLM's nonsense about September 1st - you could lose your claim!

A REMINDER THAT CLAIM MAINTENANCE FEES AND SMALL
MINER WAIVER CERTIFICATES ARE DUE ON OR BEFORE
AUGUST 31 OF EACH YEAR RATHER THAN SEPTEMBER 1

In Art Anderson, 181 IBLA 270, GFS(MIN) 14(2011), the
IBLA found that a placer mining claim was forfeited when the
claimant attempted to file a small miner waiver certification on
September 1, rather than on or before August 31. On September 1,
2010, plaintiff tried to file a small miner waiver certification
with BLM for the 2011 assessment year. BLM rejected the waiver
certification because it lacked the signature of one of the claim
owners. Id. at 272-73. Plaintiff appealed and on appeal, the IBLA
stated that had plaintiff submitted a timely certificate, BLM’s
rejection of the waiver certificate would have been in error. BLM
should have accepted the certificate, notified the claimant of the
defect, and given the claimant 60 days’ notice to cure. Id. at 273.

However, the IBLA determined that plaintiff did not timely
submit the certificate. Prior to 2007, the assessment year began
at 12:00 p.m. on September 1 of each year. In 2007, Congress
amended the Consolidated Appropriations Act of 2008 to make
the annual assessment year commence at 12:01 a.m. of each year.
Id. at 274. Claimants are required to submit a claim maintenance
fee or waiver certificate before the commencement of the assess-
ment year. Id.; 30 U.S.C. § 28f(b). BLM has not yet amended its
regulations to reflect the change in the 2007 legislation and 43
C.F.R. § 3834.11(a)(2) still provides that the annual maintenance
fee is due on or before September 1 of each year. Nevertheless,
the IBLA held that the statute is self-operative and that failure to
timely pay the maintenance fee or submit the waiver certificate
causes the claim to forfeit by operation of law. 181 IBLA at 275.

We will be releasing our updated annual claims filings flow chart in the next week or so. It's a free download and for many claim owners it has helped clarify the annual filings requirements for both State and Federal filings.

Heavy Pans

 

[Hoser John]

AND some counties make you pay a USURY TAX also that must be paid prior to filing or you don't get stamped off and Recorders won't file. John

 

[newman]

Does anyone have a copy of a "Notice of Intent to Hold"? Please PM if you do and I will forward my email address. Thanks!

 

[Clay Diggins]

There is no "form" for a notice of intent to hold. It's a simple declaration that need to have the TRS, MC number and claim name(s) along with a signed notice declaration of intent.

It's just one simple page but the requirements for a recorded declaration are different in each State. Look up your State's requirements for recorded declarations and use that to make your recording with the county recorder by your State's deadline (several different dates depending on the state). A notary stamp is required in several states so don't sign the declaration until you have a notary present if you are in one of those states.

Pay the recording fee and file a copy of the county record with the BLM State Office where your claim is located by December 30 (NOT December 31).

Heavy Pans

 

[newman]

Ok thank you. Checking with the county now to confirm if notary is required.

 

[treshuntintom]

Headed to Phoenix in the morning to shell out my 3100.00 OUCH!!!!that hurts

 

[Hoser John]

HOW MANY CLAIMS YA GOT MAN-WOW..no notary requirement in calif unless Association, Quit Claim Sales and such...yet that is-John...

 

[Goldwasher]

Headed to Phoenix in the morning to shell out my 3100.00 OUCH!!!!that hurts

that is a lot of claims?

 

[treshuntintom]

19 to be exact.bought out mining company-and if it doesn't rain for another week out by Box Canyon approx.12 miles north of Wickenburg all of you Az TNET members are
welcome to come out and sample.I have assay reports on some areas.also know area very well.I insist on at least 1 person be a TNET member because of the work standards
most display here.2 intents were also done in past year.group of 3-4 are fine by me.Remember it is HOT-HOT-HOT this year and snakes are really bad.Tom

 

[Bonaro]

Ok so since the waiver is only of interest to the BLM, does that need to be filed with the county first? Or can I just send the waiver to the fed only then do county filing then BLM filling for my assessment?

 

[Hoser John]

Waiver to BLM as county not involved then the usual. The Kalif BLM asks that you file the Annual Labor and Small Miners Exemption ALL at the same time. They screw up paperwork soooo much it helps when you don't file multiple documents separately. Then they don't have to look in the inaccurate files for documents filed in August(waiver) to match up to Annual Labor . They send out a packet--supposedly--to all claimants including ALL forms approved by the Uniform Paper act to correctly file NEW forms as they change. John

 

[Clay Diggins]

Ok so since the waiver is only of interest to the BLM, does that need to be filed with the county first? Or can I just send the waiver to the fed only then do county filing then BLM filling for my assessment?

The form is the Maintenance Fee Waiver Certification 3830-002. There is no need to record with the County because it's internal to the BLM. It's not even technically a "filing" so there is no fee.

The waiver is an alternative to a Maintenance Fee Assessment. You will not be filing an assessment if you submit the Waiver by August 30.

When you declare the small miner's waiver you will need to record an Affidavit of Labor (or in the first year a Notice of Intent to Hold) with the County Recorder and a copy of that Affidavit must be filed with the BLM State office.

The State deadline for recording varies by state.

The BLM filing of that copy is due in the BLM State office on or before December 30 (NOT December 31).

The Maintenance Fee Waiver Certification 3830-002 is the only OMB approved mining form the BLM issues. All other filings are simple declarations by the miner, they can be handwritten if you want. There is no such thing as the "Uniform Paper Act". Their are no other official or mandatory forms for filing mining claim papers with the BLM.

Filing deadlines are established by Congress and following BLM instructions can cause you to lose your claim, as I pointed out above.

I will be posting the annual mining filings and recordings flow chart here in the next day or so. It should make this process much clearer.

Heavy Pans