Miners Versus U.S. Government: Which Claims are Accurate?

[M.E.G.]

Miners Versus U.S. Government: Which Claims are Accurate?

 

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[Capt Nemo]

If I'm right the FS has to go by the notory date, and not date received.

 

[et1955]

First mistake was waiting to the last moment to deal with his maintenance fee's for his is claim , second was relying on the Us post office to do there job. As it states the letter must be postmarked by Sept. 1 to be accepted. Notary date means nothing, postmark is your defense with blm and FS. Sorry for him but from what I read from the article he messed up. Assumption that it was going to be postmark that day major mistake. As a claim owner I don't take chances, be proactive.

 

[goldenIrishman]

Waiting that long to get your paperwork done and filed properly is like closing the barn door after the horse has already gotten out. I feel sorry for them especially considering how long it's been in the family.

These days we all need to stay on top of all our paperwork. Between the FS, BLM and all the green groups out there trying to get miners off of the public lands they'll jump at any chance they get to close us down.

 

[winners58]

I thought an intent to hold was for the first year only and if you pay the maintenance fee in the second year you don't have to file anything else.
only your for assessment work if you filed a small miners waver thats what they did they paid for all their claims at the end of august. (see exhibit A)

Montana Standoff, Courthouse News Service

http://montint.cordillera.tv/Helena/injuction.pdf (see exhibit A page 15)

 

[Goldwasher]

Mail no fricken way...especially if you wait that long.....I drive my paperwork down myself. I know not everyone has that option but, since I do! I DO!!

 

[goldenIrishman]

Yeah... If you can get to the BLM office and hand walk the paperwork thru the system you should do so. I'd suggest that you also make notes on the names of everyone you talk to while you're there. Relax only after you have the receipt for the transaction in hand as this will show that they've accepted the payment(s).

 

[Clay Diggins]

I thought an intent to hold was for the first year only and if you pay the maintenance fee in the second year you don't have to file anything else.
only your for assessment work if you filed a small miners waver thats what they did they paid for all their claims at the end of august. (see exhibit A)

You are mistaken Winners58. There are two acts required each year since 1980 to hold a mining claim. You must make a public record with the County Recorder and you must file a notice or pay fees with the BLM.

The public record was always required. That was often recorded with the relevant mining district but since the mining districts dissolved and gave their records to the county recorder the proper place for a public record now is the official recorder for the county in which the claim is located.

The BLM got into the act with the passage of the FLPMA in 1976. Since 1980 a notice must be made annually to the BLM State Office. This is in addition to the annual requirement under the mining acts - not instead of. Fees for those BLM notices were minimal in the beginning. First it was $5 per year and then $15. It wasn't until 17 years after the FLPMA was passed that maintenance fees were introduced. Originally the maintenance fee was considered a waiver of the $100 annual labor requirement. Now the BLM would like you to believe the small miner's is a waiver from the maintenance fees.

Just paying money to the BLM is insufficient. A public record of your claim must be made each year. The BLM does not maintain a public record. Make your public record at the official place for public records, usually the County Recorder's office.

Different states have different public record deadlines for mining claims. Usually it's the end of the year (December 31) but sometimes it's earlier. The law requires the BLM receive notice of that public record by December 30 of each year for small miners. December 31 is a fail - you will lose your claim if you file anytime after December 30 no matter what the state deadline is.

If you pay the BLM maintenance fee the public record would normally be titled as an Intent to Hold Mining Claim. Some states require that you include a public record that you paid fees instead of performing work. A wise claim owner would follow the mining acts and perform and record $100 annual labor whether they paid a fee or not.

Heavy Pans

 

[rockbar]

Clay, this sentence confuses me. "Now the BLM would like you to believe the small miner's is a waiver from the maintenance fees."

The small miner's maintenance fee waiver certification does waive the annual maintenance fees. Instead, the small miner performs at least the minimum qualifying work per claim and records such on the affidavit of performance of annual work paperwork, which is notarized, recorded with the County and a copy or the original of same is sent into the BLM with the appropriate fee (only $10 per claim vs. $140 per 20 acre increment per claim) by the due date you mention.

How is the small miner waiver not a waiver of the maintenance fees? I'm a little confused on that one.


Edit: guess it went up to $155 per claim per 20 acres. Glad I can file small miner.

 

[ratled]

I always thought that "rent" for BLM was a waiver from the small miner's maintenance, a convenience fee for you and it may be what Clay was trying to say ...... but Clay will be back soon enough to affirm what he is saying

ratled

 

[Goldwasher]

Notarized?...I don't think it has to be notarized

 

[rockbar]

The affidavit of performance of annual work has to be notarized. It's a sworn statement. Maybe states other than Az use a different form.

 

[ratled]

From the BLM website
ratled

Mining Claim Filing Instructions, Bureau of Land Management California

The Small Miner’s Waiver must contain the original signatures ( in blue ink ) of all owners . If an agent signs for the owners, a notarized designation of the agent, signed by all owners, must be on file with the BLM or be submitted with the waiver. An agent signing the waiver for more than one owner, must list each owner’s name, address and sign for each individual owner listed on the waiver (i.e. 5 claimants requires 5 signatures by the agent).


The Maintenance Fee "form" is not mandatory.

The Maintenance Fee Waiver Certification "form 3830-2" is MANDATORY.

The Affidavit of Assessment Work "form" is optional.

"COUNTY" RECORDER FILING REQUIREMENTS

In addition to filing with the BLM, file a 2015 Affidavit of Assessment Work or Notice of Intent to Hold with the county recorder’s office by September 30th. The location of this office will always be in the county seat of the county in which your claims are situated.

NOTE: If you pay the 2016 MAINTENANCE FEE, for county purposes indicate on an Affidavit of Assessment Work form that you have paid the 2016 Maintenance Fee to BLM, and the date on which you paid it.

 

[Goldwasher]

From the BLM website
ratled

Mining Claim Filing Instructions, Bureau of Land Management California

The Small Miner’s Waiver must contain the original signatures ( in blue ink ) of all owners . If an agent signs for the owners, a notarized designation of the agent, signed by all owners, must be on file with the BLM or be submitted with the waiver. An agent signing the waiver for more than one owner, must list each owner’s name, address and sign for each individual owner listed on the waiver (i.e. 5 claimants requires 5 signatures by the agent).


The Maintenance Fee "form" is not mandatory.

The Maintenance Fee Waiver Certification "form 3830-2" is MANDATORY.

The Affidavit of Assessment Work "form" is optional.

"COUNTY" RECORDER FILING REQUIREMENTS

In addition to filing with the BLM, file a 2015 Affidavit of Assessment Work or Notice of Intent to Hold with the county recorder’s office by September 30th. The location of this office will always be in the county seat of the county in which your claims are situated.

NOTE: If you pay the 2016 MAINTENANCE FEE, for county purposes indicate on an Affidavit of Assessment Work form that you have paid the 2016 Maintenance Fee to BLM, and the date on which you paid it.

Yep, Blue ink....we sign it ourselves and I get it to BLM myself...hard copy in hand...stamped and filed by them...and recorded at the county...

 

[Clay Diggins]

All affidavits made in the United States must be signed and subscribed in front of a notary or judge. Without the notary seal (Jurat) your Affidavit of Labor becomes a declaration. The mining acts require an Affidavit of Labor - not a declaration. The Intent to Hold Mining Claim on the other hand is a public declaration and does not need to be notarized.

The BLM isn't where your record of annual labor is made. The BLM merely receives a copy of your record for their case file. Following BLM instructions in many many instances will lead to loss of your claim.

There is no enforcement authority for your annual public record at the County Recorder but the courts. Neither the County Recorder, the BLM nor the Notary can tell you how or when to sign a record you wish to make. It's entirely up to the claimant to get this right before ending up in a courtroom. Once you are in the court you will be relying on the public record you made up to that point. There are no do overs with public records.

The vast majority of claim owners do not make their annual public record at the County Recorder. Mining companies do and professional miners do but in a state like California where most of the claims are treated as real estate to be "flipped" or a pleasant place to spend an occasional weekend seldom are their public records kept up to date.

It is rare for a claim to be denied by the courts for missing or improperly signed public records. The problem is not whether you properly made your public record the problem comes when you are challenged in court and you can't produce a certified record. If your opponent does have a solid public record guess who wins? I'll give you a hint - it's not you.

By the way, that "blue ink" thing is BS for affidavits. There is no requirement in law or regulation that you must sign in blue ink. Blue ink signatures are required on some real estate transfer documents at the state level but that is only on the certified original. The BLM is only entitled to a copy of your affidavit of annual labor - the original is recorded at the county.

The Maintenance Fee Waiver Certification Form 3830 is only submitted at the BLM. It is the only official form for mining claims the BLM has. It's entirely an internal document and doesn't suffice for your annual public record or BLM filing. That waiver certification is made under threat of prison and fines in the United States and does require a blue ink signature.

To recap - two acts required each year to hold a mining claim. Your public record (either an Affidavit of Labor or an Intent to Hold) and a filing of a copy of that public record with the BLM State office. In the case of small miners you must also submit a free waiver certification (not a filing) to the BLM State office.

Heavy Pans

 

[Clay Diggins]

Clay, this sentence confuses me. "Now the BLM would like you to believe the small miner's is a waiver from the maintenance fees."

The small miner's maintenance fee waiver certification does waive the annual maintenance fees. Instead, the small miner performs at least the minimum qualifying work per claim and records such on the affidavit of performance of annual work paperwork, which is notarized, recorded with the County and a copy or the original of same is sent into the BLM with the appropriate fee (only $10 per claim vs. $140 per 20 acre increment per claim) by the due date you mention.

How is the small miner waiver not a waiver of the maintenance fees? I'm a little confused on that one.

In context this is what I wrote rockbar.

Originally the maintenance fee was considered a waiver of the $100 annual labor requirement. Now the BLM would like you to believe the small miner's is a waiver from the maintenance fees.

With the Originally and Now sentences both included you can see this is more about the history and intent of the "maintenance fee" as it's called today.

Originally (1992) the maintenance fee was called a rental fee and was in lieu of the labor requirement. It was sold to the mining companies as a two year waiver from the labor requirement. The labor requirement is $100 per year and the rental fee was $100 per year. Same thing to a mining company except the rental fee didn't require boots on the ground. This was and is a big bonus for mining companies.

The original annual rental fee payments were kept by the BLM to offset the cost of administering the fee program and to reduce the costs of the new 33.5 million dollar Automated Land and Mineral Record System - the predecessor to the LR2000. There was an exemption for small miners that were producing more than $1500 and less than $800,000 in gross revenues under a POO and had less than 10 acres of surface disturbance. Essentially the original rental fee was a mandatory $100 annual payment.

Of course before the two years were up the obvious benefit of paying money instead of doing labor prompted the mining lobby to ask that the BLM be allowed to keep raking in the money. The BLM didn't object. There was enough objection from small claim holders that the current maintenance fee/small miners system replaced the rental fees and obviously ridiculous small miner requirements.

Raking in the money is the appropriate term. The BLM maintenance fee payments are a major portion of the BLM budget now. The new placer claim fees are kept in the State BLM office budget instead of being rolled into the national general budget as are timber or mineral sales. The BLM offices are now cash rich thanks to all those placer claims.

It's important to remember these fees are budget actions not "laws". Each set of fees only last through a budget period of 2 or 4 years. Congress has to renew these fees and waivers along with the patent processing moratorium with every budget vote. These fees could go away and patents return with one simple vote. That vote will depend on the support of the mining lobby.

As long as small miners consider big miners to be their enemies you will be ignored. As long as you support puny, one cause, do nothing mining organizations you will be ignored. Learn the mining industry standards and support active effective mining organizations and you could be back to low cost mining with a promise of patent when you succeed. Your choice.

Heavy Pans