2017 Annual Claims filings

[Clay Diggins]

It's that time again. The August 31 deadline to make your required annual mining claims filings is only a month away.

As she does every year Ruby has compiled general guidelines and a graphic flow chart to help claim owners understand their annual obligations. If you are confused about the process or just want a refresher review these could help make the process clearer.

These are a free PDF download. Feel free to share, distribute or print these out as long as you retain the attribution.

General Guidelines

Flow Chart

Whatever you do don't be late. You will lose your claim if your filings aren't on time.

Heavy Pans

 

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[Clay Diggins]

As soon as you wish after 12:01 A.M September 1. Waiting for the BLM to mark their case file CLOSED is not necessary. Just be aware that sometimes the BLM has yet to update their records when the claim maintenance fee IS paid.

It's always a gamble locating over a claim that maybe should be CLOSED status but the BLM hasn't updated their case files. It's also a gamble locating where an already CLOSED claim was located. Just remember that the BLM loses the majority of challenges to their mining claim case file actions. Depending on the BLM case file status can be a very "educational" experience.

Only you can determine whether the bet is worth the effort and money. Every mining claim case is different.

Heavy Pans

 

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[et1955]

After December 30, those who file a " Small Miners Waiver " have till that date to complete their requirement's. After that date start checking the county recorders records. I watched the claim next mine on the N.F. of the Salmon last year, checking on Land Matters every month, BLM records show no Maintenance fee paid, I really wanted this claim, waiting patiently and then December 15th came, checked Land Matters, someone had refilled the claim and it came up for sale. Well I checked back again at the end of January, the claim now has 2 owners listed by the BLM, the true owner filed a small miners waiver. The claim jumper sold the claim for $3000, what a mess.

 

[Clay Diggins]

After December 30, those who file a " Small Miners Waiver " have till that date to complete their requirement's. After that date start checking the county recorders records. I watched the claim next mine on the N.F. of the Salmon last year, checking on Land Matters every month, BLM records show no Maintenance fee paid, I really wanted this claim, waiting patiently and then December 15th came, checked Land Matters, someone had refilled the claim and it came up for sale. Well I checked back again at the end of January, the claim now has 2 owners listed by the BLM, the true owner filed a small miners waiver. The claim jumper sold the claim for $3000, what a mess.

Excellent advice et1955!

The claims mongers are an all too common story. This is one thing that a properly formed mining district can put an end to. When some individuals get over the fetish of raising the dead districts I hope they can come to understand the true power of mining districts. Miners need to police themselves, there is no one else that can.

Heavy Pans

 

[Goldwasher]

Yep I keep my eye out for the SMW.

If It is filed by The deadline chances are the assessment will go through By Dec 30. If they don't just do it when they file smw

 

[Rail Dawg]

Excellent advice et1955!

The claims mongers are and an all too common story. This is one thing that a properly formed mining district can put an end to. When some individuals get over the fetish of raising the dead districts I hope they can come to understand the true power of mining districts. Miners need to police themselves, there is no one else that can.

Heavy Pans

Completely agree.

There was a code of ethics back then that wasn't violated without repercussions from the district.

Simple as a shovel left on a claim meant it was taken.

 

[winners58]

curable defects, they don't always show up in the registry page in the first few weeks of Sept. like a properly filed small miners waver
might be wise to wait 30 and few days before paying BLM, they don't give refunds and you would be the overfiler.

 

[Goldwasher]

All current as of yesterday.

The whole federal building parking lot is covered in solar panels. I was just there seven months ago and it was just a parking lot.. Never seen a gov project happen so fast.
They must have started the project on paper in the '70's

As usual I'm the quickest in and out. there's always someone there trying to sort out a problem of their own creation that they created and are blaming BLM for.

The guy had got a letter about his claim.

Fella located in August and filed after September. A "bridge" claim. Claim closed Start over... bummer.

You have to pay attention when locating a claim in the summer.

He also wanted maps so he could make sure he wouldn't overfile in an area with several claims that "should" still have twenty acres open.
The guy came out with two full file folders plopped them down and told the guy good luck.

The subject came up about BLM following the law and that if BLM checked there wouldn't be overfiling....

Larry (if you spend time at state BLM you know Larry)...reminded them that the law tells them that they have to accept top filings....which is true it's not BLM's job to make sure your locating properly it's the miners job.

I asked the guy what county he was in..."Yuba" he answers. I asked if he went to the county and pulled the file's on the claims in the area he is looking at?

"No, the county doesn't keep good record's"....

I dropped the subject...left wishing them all good luck. Thirty four bucks lighter after filing on 42 acres and buying a map. It would have only been twenty four but, I had to file a notice of intent to hold because it is the first year on one of the claims.

Between the County and BLM $80....with out the NOIH recording and filing it will be less than $50

That friends is called a bargain

The dude with the claim issue was gonna have to re-locate and drop another 350 bucks because he is learning to file claim via trial and error.

Don't be that guy!!

 

[Goldwasher]

Hey Barry, what is the issue, problem, outcome if someone does not record an intent to hold the first year?

 

[Clay Diggins]

Hey Barry, what is the issue, problem, outcome if someone does not record an intent to hold the first year?

Depends on what you mean by "first year".

If by first year you mean the year the location was made your Notice of Location recording substitutes for a Notice of Intent - the recording of your claim is a notice of intent to hold. Your filing of a copy of that Location with the BLM came along with the mandatory first year maintenance fee. That completed your first year's obligation to make an annual public record and BLM informational notice.

If by "first year" you mean no "Intent to Hold" was put into the public Record or BLM files for a first year Small Miners Waiver then the claim is considered abandoned and the case file will be marked CLOSED. No do overs.

The key thing here is to remember there must be a timely public record and BLM filing made in every year you intend to hold the claim. Miss the public recording and you have failed to maintain your claim. Miss the BLM filing and your claim will be considered abandoned and the case file status will change to CLOSED.

Heavy Pans

 

[Goldwasher]

I mean when you file your first SMW then. So, first filing after location. The end of year filing.

So, if someone locates, records at county and files at blm say in February. Then August they file the SMW and POL the claim is considered abandoned.

I was looking at a file and the on the claim no notice was filed the year the first SMW was filed.

 

[Rail Dawg]

Miss the BLM filing and your claim will be considered abandoned and the case file status will change to CLOSED.

Let's say a claimant misses the Sep 01 deadline to pay a maintenance fee.

They remember and get the fee paid Sep 15.

Is it up to the BLM whether to accept the late fee and keep the claim open?

The law is clear but I wonder how tight the BLM runs their ship.

 

[Clay Diggins]

Yeah a Notice of Intent to Hold is required for the first year of the SMW. That notice year ends on December 30 for the BLM filing but when the public recording is due is up to State law. In Arizona it's still December 30 for making the public record but in California I think it's October 31st, I seem to recall in Montana it's September 30. You need to check for each State.

I don't know how anyone could record a work affidavit a year in advance. The SMW is a free informational notice for the upcoming year so performing labor before the filing year starts is ummmm... impossible? You are making a public record declaring you performed your annual labor requirement within a specific mining year. That's why the first year SMW recording is always a Notice of Intent to Hold.

A lot of the confusion over these recordings/filings is because they are done on different time frames. The Federal mining year begins on September 1 and ends on August 31. The State mining year in Arizona begins December 31 and ends December 30. Other States have different mining years.

So when it comes to BLM filings the deadline is always August 31. State public records are always a different deadline than the BLM. Two different calendars for two different annual obligations. Confused yet?

For small miners the key is to remember that the SMW is always declared in advance of the upcoming federal mining year. Maintenance fees must be paid in advance of the upcoming federal mining year. The POL (and the labor it's based on) or NOI is always due after the beginning of that mining year.

Filing a POL or NOI record copy with the BLM before the beginning of the upcoming mining year does not fulfill your obligation for that upcoming mining year. Recording an Affidavit of Work Performed before the federal mining year begins does not apply to the upcoming mining year - it applies to the current mining year. Recording and filing a Notice of Intent to hold before the SMW goes into effect does not apply to the required record and filing requirement for the upcoming year.

Watch your dates on these BLM filings. The upcoming mining year is 2018 and that year 2018 begins on September 1, 2017. Do not declare for 2017 or you will not be current on your filing requirements. The BLM goes by the mining year you say you are filing for - even if it's obviously wrong.

Clear as mud?

Heavy Pans

 

[Clay Diggins]

Let's say a claimant misses the Sep 01 deadline to pay a maintenance fee.

They remember and get the fee paid Sep 15.

Is it up to the BLM whether to accept the late fee and keep the claim open?

The law is clear but I wonder how tight the BLM runs their ship.

The Maintenance fee is not one of the filings that requires the BLM to provide a notice of a chance to "cure". If you elect to pay the Maintenance fee (fewer than 10 claims), or are required to pay a Maintenance fee (more than 10 claims) the August 31 deadline is firm - you miss it and your claim is considered abandoned and the case file will be set to CLOSED status. You could appeal but you will lose if you missed the date - no exceptions.

Heavy Pans

 

[mikep691]

My claim was located in April. It was recorded same month and "Info" filed with BLM in June. Received the BLM package in late July, and filed SMW in August. Filed POL in December, never filed an intent to hold in any year. The claim remains active and current with filings and "Info" BLM. Are you saying it's not because the first year I never filed an Intent to Hold?

 

[et1955]

My claim was located in April. It was recorded same month and "Info" filed with BLM in June. Received the BLM package in late July, and filed SMW in August. Filed POL in December, never filed an intent to hold in any year. The claim remains active and current with filings and "Info" BLM. Are you saying it's not because the first year I never filed an Intent to Hold?

Contact the county recorders office where your claim is located and they will tell you if a Intent to Hold notice is required. I have contacted the county recorders office where my claims are and they told me no and they said the BLM notifies them of all active claims. I know this is true by the tax bill I get from them.

 

[Rail Dawg]

The Maintenance fee is not one of the filings that requires the BLM to provide a notice of a chance to "cure". If you elect to pay the Maintenance fee (fewer than 10 claims), or are required to pay a Maintenance fee (more than 10 claims) the August 31 deadline is firm - you miss it and your claim is considered abandoned and the case file will be set to CLOSED status. You could appeal but you will lose if you missed the date - no exceptions.

Heavy Pans

Thank you for the info.

Important stuff!

 

[KevinInColorado]

FYI: Colorado state public records deadline is Dec 30

https://www.blm.gov/sites/blm.gov/files/2017 mining packet.pdf#page35

 

[Clay Diggins]

Have fun kids.

Claims are not determined valid by the BLM or the County. Your tax bill only proves you owe taxes. Only a court of law can determine if your claim is valid. You must on all occasions do your own due diligence when it comes to a mining claim. I've provided the law and the regulations. When you get to court, sell your claim to a real mining company or apply for a patent you will then be able to present all the theories about tax bills, county recorders. BLM filings and the rest.

Heavy Pans

p.s. The BLM has never notified a County Tax assessor of active mining claims. You notify the County of an active mining claim.
From Plumas County California:

Per Local Ordinance, taxes due must be paid prior to recording your document.

 

[Rail Dawg]

I've only been doing this for a couple years now and have only been dealing with the County Recorder in Pershing County, NV and the BLM state office in Reno.

Threads such as these are very informative.

I look at fellow miners/claim holders as brothers-in-arms.

Although many of us compete for the valuable claims we still also have to look out for each other.

Thanks to those who freely share their knowledge!

 

[Goldwasher]

Yeah a Notice of Intent to Hold is required for the first year of the SMW. That notice year ends on December 30 for the BLM filing but when the public recording is due is up to State law. In Arizona it's still December 30 for making the public record but in California I think it's October 31st, I seem to recall in Montana it's September 30. You need to check for each State.

I don't know how anyone could record a work affidavit a year in advance. The SMW is a free informational notice for the upcoming year so performing labor before the filing year starts is ummmm... impossible? You are making a public record declaring you performed your annual labor requirement within a specific mining year. That's why the first year SMW recording is always a Notice of Intent to Hold.

A lot of the confusion over these recordings/filings is because they are done on different time frames. The Federal mining year begins on September 1 and ends on August 31. The State mining year in Arizona begins December 31 and ends December 30. Other States have different mining years.

So when it comes to BLM filings the deadline is always August 31. State public records are always a different deadline than the BLM. Two different calendars for two different annual obligations. Confused yet?

For small miners the key is to remember that the SMW is always declared in advance of the upcoming federal mining year. Maintenance fees must be paid in advance of the upcoming federal mining year. The POL (and the labor it's based on) or NOI is always due after the beginning of that mining year.

Filing a POL or NOI record copy with the BLM before the beginning of the upcoming mining year does not fulfill your obligation for that upcoming mining year. Recording an Affidavit of Work Performed before the federal mining year begins does not apply to the upcoming mining year - it applies to the current mining year. Recording and filing a Notice of Intent to hold before the SMW goes into effect does not apply to the required record and filing requirement for the upcoming year.

Watch your dates on these BLM filings. The upcoming mining year is 2018 and that year 2018 begins on September 1, 2017. Do not declare for 2017 or you will not be current on your filing requirements. The BLM goes by the mining year you say you are filing for - even if it's obviously wrong.

Clear as mud?

Heavy Pans

Confusion on the part of my poor wording in consideration of my own activity while researching others.....

MUD CHOWDER STEW!!

This year WE filed smw for two claims one is old so POL was for it...one is new so NOIH for it.

next year the POL will be for both.

I was looking at a spot I've been after and the NOI was never recorded at the county only the BLM

I should have put that better.

I'm assuming California BLM will take forever to find that out...But, that still makes the claim in question technically abandoned by lack of following the law?

Another new claim has had the SMW filed at BLM but, no notice of intent...it's 44 acres thats an expensive mistake. To make your first year. But, he could just be putting it off until December I guess.

Isn't a NOIH your way of stating no I didn't pay the maintenance fee ....I will be doing labor that will show next year?? So, yes I'm keeping my claim...

The county recorder here will not record your POL or NOIH until you go to the tax collector and get signed of as paid or no taxes owed.

There is a reason me and this paperwork travel by truck and not mail!!