Smaller miners form Dates

[ratled]

Small miners form Dates

That dam small miner's waiver with it's dates ALWAYS gets me. I have a sample so I don't have to remember what the dates they want but with the moving company showing up tomorrow I packed it.

So, for "beginning on September 1, _______ and ending on September 1,________"...... and then "lands in the United States of America on September 1, ___________"

It seems I never can get them right so a little help is greatly appreciated!


ratled

 

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[Goldwasher]

Is this form correct Barry? It is different than the one mailed out I believe. What about the "mining district" and notary we've never notorized or included a mining district since the one we are in is gone?

 

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[Goldwasher]

and if this one is wrong then why? http://www.blm.gov/style/medialib/blm/noc/business/eforms.Par.86532.File.dat/3830-004.pdf

 

[Goldwasher]

just got off the phone with the recorders office in El Dorado county. they are taking the form mailed out this year. And the one used last year as well. El Dorado County just requires a signature from the tax collector no notar. so the form that AMRA sent out is not needed for EL Dorado Co.

 

[Clay Diggins]

The Plumas County Recorder was the one who noticed the BLM error. They provide an alternate to the one offered by the BLM and different from the AMRA one.

Check out the link above, the Recorder believes the error is bad enough to put a big warning to miners on their front page, provide an alternate format and reject the BLM version from being recorded as an affidavit.

As noted on the Recorder's website the problem in not meeting the State of California requirements. Individual Counties all follow the State laws for recording (not County law). If the Plumas Recorder is right (they appear to be right) none of the BLM affidavit "forms" in California meet the legal requirements no matter which county you record in.

I see what the difference is in the different "forms" being offered. Look them over and see if you spot the differences. We don't use forms , we make a simple affidavit that conforms to State law. All those forms have extra stuff thrown in that isn't necessary. When dealing with affidavits and government agencies use the KISS principle. Just give them what's required and nothing more.

If you compare those "forms" to the legal requirements in California you will see what is wrong with the other forms.

Here are the California Mining law requirement for a labor affidavit:

3913. (a) Whenever labor is performed, improvements are made, or a
maintenance fee is paid as required by law upon any mining claim, the
person on whose behalf the labor was performed, improvements made,
or a maintenance fee was paid, or someone in his or her behalf,
shall, within 30 days after the time required by law for performing
the labor, making the improvements, or paying the maintenance fee,
make and have recorded by the county recorder, in the county in which
the mining claim is situated, an affidavit setting forth all of the
following:
(1) The name of the claim and the serial number, if any, assigned
to the claim by the Bureau of Land Management in the United States
Department of Interior.
(2) A reference by book and page or document number to the public
record of the notice of location of the claim and, if amended, of the
last recorded amendment thereof.
(3) The section or sections, township, range, and meridian of the
United States survey within which all or any part of the claim is
located.
(4) A description of the labor performed or improvements made upon
or for the benefit of the claim for which the proof is made, the
value of each item, and the dates on which, or the period of time
within which, the labor was performed or the improvement was made, or
a statement that a maintenance fee in the amount prescribed by the
laws of the United States has been or will be paid, the amount of the
maintenance fee, and the date of payment or anticipated payment.
(5) The name, current mailing address, and current residence
address of the person who makes the proof and of the owner of the
claim, as known to the affiant.
(6) A statement that the claim is held and claimed by the owner,
or the person making the proof if he or she is entitled to possession
thereof, for the valuable mineral contained therein.
(7) The name and address of the person who performed or made the
work and improvements described in the affidavit, as known to the
affiant, if applicable.
(8) A statement that all monuments required by law to have been
erected upon the claim and all notices required by law to have been
posted on the claim or copies thereof were in place at a date within
the assessment year for which the affidavit is made and a statement
of the date.
(9) A statement that, at that date, each corner monument bore or
contained a marking sufficient to appropriately designate the corner
of the mining claim to which it pertains and the name of the claim.
(b) An affidavit recorded as required by subdivision (a), or a
copy thereof duly certified by the county recorder, shall be prima
facie evidence of the performance of the labor, the making of the
improvements, or the payment of the maintenance fee as stated in the
affidavit.
(c) The neglect or failure of the owner of any mining claim to
record, or cause to be recorded, within the time allowed by this
section an affidavit containing the statements required by
subdivision (a) creates a prima facie presumption of the act and
intent of the owner to abandon the claim at the end of the assessment
year within which the labor should have been performed, the
improvements should have been made, or the maintenance fee should
have been paid under the laws of the United States, and imposes the
burden of proof upon the owner of the claim to show that the labor
has been performed, that the improvements have been made, or that the
maintenance fee has been paid in any contest, suit, or proceeding
touching the title to the claim. However, if the affidavit is
executed and recorded by anyone other than an owner within the 30-day
period, and the owner apprehends that there are deficiencies in the
recorded affidavit, he or she may supplement the recorded affidavit
by further affidavit to comply with the section and may record the
supplemental affidavit within 30 days following the last day of the
30-day period after the time required by law for performance of the
work, making of improvements, or payment of the maintenance fee, and
thereby obtain the prima facie evidence of the performance of labor,
the making of improvements, or the payment of the maintenance fee,
and avoid the prima facie presumption of abandonment and the burden
of proving the performance of labor, the making of improvements, or
the payment of the maintenance fee required by law.
(d) Any person who willfully makes a false statement with respect
to any mining claim on the affidavit required by subdivision (a), or
on the supplementary affidavit permitted by subdivision (c), is
guilty of a misdemeanor and, upon conviction, shall be punished by a
fine of not more than two hundred dollars ($200) or by imprisonment
in the county jail for not more than six months, or by both the fine
and imprisonment.

Nine requirements.

That only applies to California and it only covers the mining claim labor definitions. There are other requirements as to type size, spacing, paper type and margins as well as a proper oath.

Keep in mind that your State laws will require somethings to be different than the California Affidavit. Some States do require a notary seal. California requires you record within 30 days instead of the federal requirement for 90 days. Details matter and the details are different in each State.

If you are confused about affidavit requirements in the state your claim is in look up that state's Secretary of State. They publish the legal standards for an affidavit within your claim's state. If you are still confused contact an attorney. Do not rely on the BLM or a mining club or even some good looking guy on the internet like me to give you the correct information on what you should swear to. This stuff isn't that hard but getting it wrong could lead to losing your claim.


Heavy Pans

 

[Goldwasher]

heres a link containing the form for California Use this new Proof of Labor form to comply with California recording law for mining claims - Miner's News - ICMJ's Prospecting and Mining Journal

 

[ratled]

A miner I know asked this posted for all

ratled

Please forward these comments to help others.

The BLM maintenance Fee Waiver form, 3830-2, is the only form that has to be mailed by Sept 1st, and it only has to be sent to the BLM, and there are no BLM fees due with the 3830-2. You must use the BLM form supplied through the BLM created and expiration dated by the OMB.

Proof of Labor forms can be self made as long as they contain the information required by the BLM and the information required by the County recorders office. In California, there are differences county to county, so you need to make sure that whatever form you use or make has the required information for the County your claim is located in and the required BLM information.

Most counties in California do not require a sworn affidavit (proof of labor) to be notarized as long as the document contains the language that you " swear the statements to be true". County recording deadline for proof of labor is Sept 30th

Proof of Labor forms must be recorded at the county by Dec 30 th, and an exact copy (facsimile) of the recorded document must be sent to the BLM postmarked no later than Dec 30th. Both the county and BLM charge fees for this document, and the county will require that you have also paid your property taxes before they will record your proof of labor.

Most claim owners send their maintenance fee waiver and proof of labor together to the BLM, but they do not have to.

The current 3830-2 form expires on Oct 31st of this year, so I would recommend being proactive and filing next year's form with the BLM after Sept 1st but before the form expires instead of waiting until the OMB creates a new one late next summer and having to deal with the last minute rush.

 

[jere64ca]

Clay, thanks for posting the legal requirements, they are very difficult to know where to find them and really put an end to the "I heard this" or "I heard that" stories.

Correct me if I miss understand. Most of the problems with forms this year center around a change in requirements to the notary section,,, correct? The counties that I deal with (San Luis Obispo, Mariposa, Tuolumne) and the BLM do not require the Proof of Labor to be notarized, so it really does not mater if this section is wrong. Better yet make your own form as Clay suggested, keep it simple, with only the required information which will not even have a notary section on it because it is not one of the nine requirements.

A few months ago I filed a Quit Claim Deed which does have to be notarized and when I went to the Notary he informed me that the state requirements had changed and the form I had was incorrect. He then stamped the incorrect section with "See attached form for Notary Certificate" and attached a page with all of the current requirements. Worked for me!

Hopefully if you all need something notarized your Notary will be aware of the current requirements and take care of it properly, at least now you will be informed and be able to ask the right questions.

 

[Asmbandits]

So last year I paid the full maintenance fee but am filing small miners waiver this year. It is my first time filling the waiver coming from paying the full maintenance fee, so I must fill out the Notice of Intent to Hold form and I want to make sure I do this correctly. First off, at the top it asks for claimant and address, do I use just mine or all locators as I owns the claim with a partner?

Then it says " is filling this notice of intent to hold in lieu of the proof of labor for annual assessment year ending septemper1, _______, because"

___ Assessment work is not required in the assessment year the claim was located.

____No affidavit of assessment work is required for mill or tunnel site.


____ Other:

My other questions is the intent to hold date 2017 or 2016? And would I select "Other" and write something like "Paid maintenance fee for 2016"?

 

[et1955]

So last year I paid the full maintenance fee but am filing small miners waiver this year. It is my first time filling the waiver coming from paying the full maintenance fee, so I must fill out the Notice of Intent to Hold form and I want to make sure I do this correctly. First off, at the top it asks for claimant and address, do I use just mine or all locators as I owns the claim with a partner?

Then it says " is filling this notice of intent to hold in lieu of the proof of labor for annual assessment year ending septemper1, _______, because"

___ Assessment work is not required in the assessment year the claim was located.

____No affidavit of assessment work is required for mill or tunnel site.


____ Other:

My other questions is the intent to hold date 2017 or 2016? And would I select "Other" and write something like "Paid maintenance fee for 2016"?

Thanks for reminding me why I pay the full maintenance fee for my 3 claims, hopefully for you someone here can help you figure this out.

 

[Hoser John]

Much to do about nuttn'-the annual waiver form MUST be postmarked PRIOR to sept 1st. The annual labor form filed with the county PRIOR to September 31 and the form does NOT need any further modifications as 100% legal through and beyond October 31 which IS 30 DAYS PAST the filing mandate(claims lost then and a moot point) and then filed with the feds(not the state) PRIOR to December 31 as all requirements fulfilled prior to that by months. Just file your BLM forms and this insipid convolution is absolutely no solution to anything but some bureauratz ego. Talked to the BLM public info room yesterday at quite some length and they got a good laugh at this bs...1-916-978-4400 go straight to the FEDERAL source..Mentioned to Shasta County and Trinity Recorders offices when I filed yesterday and they got a good laugh also......John

 

[Hefty1]

Well I'm done with the paper work for BLM for another year. And done with the recorders in Auburn. The thing that pissed me off was the forms had larger print on the making it 4 pages to record instead of two. Cost 24.00 instead of 12.00. I will fix that next year.

 

[QNCrazy]

As a Notary, I can tell you that the Affadavit form BLM provides on there website, does not conform with the california notary rules. The statement, "A notary public or other officer completing this certificate verifies only that the identity of the individual who signed the document to which this certificate is attached, and not the truthfullness, accuracy, or validity of that document." So if you are going to draw up your own affadavit and have it notarized, ensure you have the above statement included on the page with your signature and the notary's signature.