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

 

Amazon Forum Fav 👍

Family Maps of Hinds County, Mississippi, Deluxe Edition - Grab it through Amazon!

[Johnnybravo300]

I paid my fees online yesterday, pretty easy to do.

 

Amazon Forum Fav 👍

Minelab PRO-FIND 35 Waterproof Pinpointer Metal Detector for Experts with Tone ID & Adjustable Sensitivity - Grab it through Amazon!

[mikep691]

Well, Plumas loves me. They get their money and I file on time. AND they said they don't give a rat's tail about BLM. If your claim is current in their county, it will remain valid regardless of your BLM status. While some argue the validity of claims not filed with BLM, it is the Land Office that matters.

 

[Clay Diggins]

Well, Plumas loves me. They get their money and I file on time. AND they said they don't give a rat's tail about BLM. If your claim is current in their county, it will remain valid regardless of your BLM status. While some argue the validity of claims not filed with BLM, it is the Land Office that matters.

hmmmm... Sometimes you get just what you are asking for and then wonder why you ever thought such a silly thing would be good for you.

Lets start here:

43 USC Ch. 5: LAND DISTRICTS

Heck a little history might help you understand what's coming at you:

California Land Offices

And here's where your whole theory falls apart - the laws of the United States governing Mining Claims on Public Lands:

1872 Mining Act

SEC. 3. That the locators of all mining locations heretofore made, or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists at the passage of this act, so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with said laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations

The current United States law:


43 USC 1744 RECORDATION OF MINING CLAIMS AND ABANDONMENT

Sec. 314. [43 U.S.C. 1744] (a) The owner of an unpatented lode or placer mining claim located prior to the date of this Act shall, within the three-year period following the date of the approval of this Act and prior to December 31 of each year thereafter, file the instruments required by para-graphs (1) and (2) of this subsection. The owner of an unpatented lode or placer mining claim located after the date of this Act shall, prior to December 31 of each year following the calendar year in which the said claim was located, file the instruments required by paragraphs (1) and (2) of this subsection:

(1) File for record in the office where the location notice or certificate is recorded either a notice of intention to hold the mining claim (including but not limited to such notices as are provided by law to be filed when there has been a suspension or deferment of annual assessment work), an affidavit of assessment work performed thereon, on a detailed report provided by the Act of September 2, 1958 (72 Stat. 1701; 30 U.S.C. 28-1), relating thereto.

(2) File in the office of the Bureau designated by the Secretary a copy of the official record of the instrument filed or recorded pursuant to para-graph (1) of this subsection, including a description of the location of the mining claim sufficient to locate the claimed lands on the ground.

(b) The owner of an unpatented lode or placer mining claim or mill or tunnel site located prior to the date of approval of this Act shall, within the three-year period following the date of approval of this Act, file in the office of the Bureau designated by the Secretary a copy of the official record of the notice of location or certificate of location, including a description of the location of the mining claim or mill or tunnel site sufficient to locate the claimed lands on the ground. The owner of an unpatented lode or placer mining claim or mill or tunnel site located after the date of approval of this Act shall, within ninety days after the date of
location of such claim, file in the office of the Bureau designated by the Secretary a copy of the official record of the notice of location or certificate of location, including a description of the location of the mining claim or mill or tunnel site sufficient to locate the claimed lands on the ground.

(c) The failure to file such instruments as required by subsections (a) and (b) shall be deemed conclusively to constitute an abandonment of the mining claim or mill or tunnel site by the owner; but it shall not be considered a failure to file if the instrument is defective or not timely filed for record under other Federal laws permitting filing or recording thereof, or if the instrument is filed for record by or on behalf of some but not all of the owners of the mining claim or mill or tunnel site.

(d) Such recordation or application by itself shall not render valid any claim which would not be otherwise valid under applicable law. Nothing in this section shall be construed as a waiver of the assessment and other requirements of such law.

Maybe a belief adjustment is in order?

Heavy Pans

 

[et1955]

How is paying the BLM full maintenance fee by Sept. 1 not a notice of intent to hold ?

 

[Bejay]

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

Sorry but I have to chuckle at the "no exceptions". I won't bother to post my dissertation to the BLM Phoenix office when they did in fact allow "exceptions", and in fact Congress told them they could not, and it was published in the Federal Register that they were to not allowed to allow exceptions. Go and try to fight the BLM when they "do as they see fit". I think I would rather teach a pig to sing!

Bejay

 

[Bejay]

The BLM made it clear up front in their Federal Register recording regarding the fees.
"The law precludes the BLM from exercising discretion as to the level of fees or when they are due"
http://www.gpo.gov/fdsys/pkg/FR-2012-07-27/pdf/2012-18352.pdf
Partial Maintenance Fee payments must be corrected within 30 days of notice:
"43 CFR 3830.94
(a) (1) When BLM determines that you have filed any document that is defective or underpaid a fee or service charge, BLM will send a notice to you by certified mail-return receipt requested at the address you gave on:
(i) Your notice or certificate of location;
(ii) An address correction you have filed with BLM; or
(iii) A valid transfer document filed with BLM.

(2) The notice provided for in paragraph (a)(1) of this section constitutes legal service even if you do not actually receive the notice or decision. See § 1810.2 of this chapter.
(b) If you have filed any defective document other than a defective fee waiver request, you must cure the defects within 30 days of receiving BLM's notification of the defects.
(c) If you have submitted a defective fee waiver request, you must cure the defects or pay the annual maintenance fees within 60 days of receiving BLM's notification of the defects.
(d) If BLM does not receive the requested information in the time allowed, or if the matter is statutorily not curable, you will receive a final decision from BLM that you forfeited the affected mining claims or sites."

Bejay

 

[Goldwasher]

I think there is a difference between a improper document....and a document that is not filed on time............

 

[Bejay]

There is a difference also in the fee paid....a partial payment vs the full payment, and Congress addressed that issue as well.

Bejay

 

[Bejay]

How is paying the BLM full maintenance fee by Sept. 1 not a notice of intent to hold ?

I would kinda make sense except for the fact that BLM does not have a public record...they only have their files. The "affidavit of work" and the "intent to hold" is the public record. Miners/people confuse the role of the BLM regarding mining claims. The BLM is only delegated by Congressional law to see that fees are paid and that work is done....failure to do the Recorded stuff and fee structure results in their discontent.

The BLM is a Land Management agency and thus miners are most often confronted with the BLM policies known as CFR,s. Federal Regulations are not law but an attempt by the agency to follow the Congressional laws.......(Acts).

One must understand the role of the BLM and the USFS and confusion most often occurs when miners/people believe the BLM is the Mining Authority alone. State Land Offices are the holders of the records.

Bejay

 

[Clay Diggins]

I would kinda make sense except for the fact that BLM does not have a public record...they only have their files. The "affidavit of work" and the "intent to hold" is the public record. Miners/people confuse the role of the BLM regarding mining claims. The BLM is only delegated by Congressional law to see that fees are paid and that work is done....failure to do the Recorded stuff and fee structure results in their discontent.

The BLM is a Land Management agency and thus miners are most often confronted with the BLM policies known as CFR,s. Federal Regulations are not law but an attempt by the agency to follow the Congressional laws.......(Acts).

One must understand the role of the BLM and the USFS and confusion most often occurs when miners/people believe the BLM is the Mining Authority alone.

This is all good information. Bejay.
I was with you all the way until the very end:

State Land Offices are the holders of the records.

There are no "State Land Offices" that record mining claims.

You must make an annual public record of your mining claim. In Oregon and all but one other State the public record is made at the County Recorder's office.

Here is the law for Oregon:

ORS 517.030

Recording copy of location notice

The locator shall, within 60 days from the posting of the location notices by the locator upon the lode or claim, record with the clerk of the county where the claim is situated, who shall be the custodian of mining records and miners’ liens, a copy of the notice posted by the locator upon the lode or claim and shall pay the clerk a fee for such recording as provided in ORS 205.320 (Fees collected by county clerk), which sum the clerk shall immediately pay over to the treasurer of the county and shall take a receipt therefor, as in case of other county funds coming into the possession of such officer. The clerk shall immediately record the location notice.

ORS 205.246

Instruments to be recorded

1) The county clerk shall record the following instruments required or permitted by law to be recorded and entered in the office of the county clerk:
(s) Mineral and mining records required under ORS 517.030 (Recording copy of location notice), 517.052 (Recording copy of location notice), 517.160 (Location of nonmineral land as millsite), 517.180 (Procedure for extinguishing dormant mineral interest), 517.210 (Recording affidavit of annual compliance), 517.220 (Affidavit or lack thereof as evidence), 517.280 (Certificate of ownership), 517.310 (Recording and indexing certificate) and 517.320 (Counteraffidavits of delinquent owner)

ORS 517.065

Effect of noncompliance with law in locating claim

(1) Subject to ORS 517.060 (Correcting defective notice of location), all locations or attempted locations of quartz mining claims subsequent to December 31, 1898, that do not comply with ORS 517.010 (Location of mining claims upon veins or lodes) and 517.030 (Recording copy of location notice) are void.

(2) Except as provided in ORS 517.060 (Correcting defective notice of location), all locations or attempted locations of placer mining claims made after August 9, 1961, that do not comply with the provisions of ORS 517.042 ("Legal subdivision" defined for ORS 517.042 to 517.052) to 517.052 (Recording copy of location notice) are void. [Subsection (1) formerly 517.050; subsection (2) enacted as 1961 c.525 §6]

Every State will have it's own laws on how and where to make your required annual public record of your mining claim. None of those States have a public record or mining claims records at a "Land Office". The few State Land Offices that exist deal only with the sales, leasing and administration of State lands. Mining claims can be located on the Public Lands of the United States open to location, never state lands.

Words matter.

Educate Yourself and Prosper!

Heavy Pans

 

[Bejay]

Yep....my interpretation of the role taken by the County Recorder....yep...as always words matter....Counties fulfill the role. I'll stand corrected. County Recorder has the record and we always file with them. Yep!

Interesting about mining claims on state lands though. Many, many years ago (48 to be exact) I made a discovery on State owned lands (a section). When I found out it was State land I contacted the state about making a claim on their land. It was described as possible, but the cost was outlandish and the rules set forth were the same as if I wanted to open a big gravel quarry and sell rock. It was not a venture I wanted to undertake. At the time there was no restrictions on extracting placer gold via a dredge tho...so lets just say the option was available.

Bejay

 

[bobw53]

Mining claims can be located on the Public Lands of the United States open to location, never state lands.

Hey Clay. I've run into quite a few FEDERAL mining claims out here that are located on state land. Though I believe they
were located initially prior to the Feds signing the land over to the state. Check 15s 6w sec32 on NM23.. 9 claims from
2011 on state land, and I *think* the land was transferred to the state in the 70's. How does that all work, or is that
something I shouldn't even be thinking about?

 

[Clay Diggins]

Hey Clay. I've run into quite a few FEDERAL mining claims out here that are located on state land. Though I believe they
were located initially prior to the Feds signing the land over to the state. Check 15s 6w sec32 on NM23.. 9 claims from
2011 on state land, and I *think* the land was transferred to the state in the 70's. How does that all work, or is that
something I shouldn't even be thinking about?

Generally I've found thinking about things to only lead to trouble. Being as I foolishly continue to promote the concept of educating yourself I guess I have to answer your question now that you have thought about it.

The simple answer is that the minerals on those lands don't belong to the State, they belong to the people of the U.S. The mining claims there only have a right to the minerals. The surface is still owned and controlled by the State - not the BLM.

The more complex answer (you knew this was coming didn't you?) is that those lands were originally Stock Raising and Homestead Act lands (SRHA). Through some complex legal mumbo jumbo, that's better discussed in it's own thread, the State of New Mexico ended up with those lands. The thing about SRHA lands, and many other types of patents, is that the mineral rights (subsurface estate) was reserved by the U.S. when the patent was issued. The minerals on many private and State lands are still open to location!

The BLM manages about twice as much subsurface estate as it does surface estate. This is one of the big secrets of land ownership in the United States. Basically most of the more than six million patents granted by the United States didn't come with any mineral rights. Really only the mining patents come with full surface and mineral rights other types of patents usually reserve the minerals to the U.S.

One of the biggest projects I'm working on is to map the actual subsurface estate available for mining claims. This will about double the known area for claiming in the mining States. The BLM has never attempted to catalogue all those mineral lands that are still available - that's probably why it's remained such a big secret. This is a huge project to map all those lands but with the help of Land Matters supporters I hope to be able to make this information available to the public within the next year or two.

If you look at the serial register page for the claims in question you will see a notation just after the Locations were filed with the BLM that those are SRHA land minerals. There are other ways to claim minerals on private lands too. Just don't jump into claiming these areas without a pretty good idea of what you are up to. It's not as simple as just going prospecting and putting up some stakes.

Enuf thinking! er...

Educate Yourself and Prosper!

Heavy Pans

 

[Rail Dawg]

We all should be donating to Land Matters.

 

[KevinInColorado]

We all should be donating to Land Matters.

I do!!

 

[rockhunt]

Hello,

Just to confirm, is the deadline for filing with the county (public record) dec 30, 2018? If I have paid my maintenance fees...and these claims are in New Mexico


thanks!!

 

[et1955]

Hello,

Just to confirm, is the deadline for filing with the county (public record) dec 30, 2018? If I have paid my maintenance fees...and these claims are in New Mexico


thanks!!

Call the county recorders office in your state, they will tell you what you need or not need to do.

 

[Clay Diggins]

Hello,

Just to confirm, is the deadline for filing with the county (public record) dec 30, 2018? If I have paid my maintenance fees...and these claims are in New Mexico


thanks!!

You must make an annual public record with the County Recorder in which the claim is located. You must file an informational notice with the BLM for each year you have a mining claim.

Two things required every year - a public record at the County Recorder and an informational filing with the BLM. Every year without exception.

If you have paid your maintenance fee for the 2018 federal mining year (September 1, 2017 - August 31, 2018) the required BLM informational filing is done until August 31, 2018.

You also need to make a public record with the County Recorder. That public record is due at different times in different states. Here is the law for New Mexico:

2016 New Mexico Statutes
Chapter 69 - Mines
Article 3 - Mining Locations and Operations
Section 69-3-12.1 - Annual labor and annual filings

The owner of an unpatented lode or placer mining claim shall, prior to December 31 of each year following the calendar year in which such claim was located, file for record in the office of the clerk of the county in which the mining claim is located either a notice of intention to hold the mining claim (including but not limited to such notices as are provided by law to be filed when there has been a suspension or deferment of annual assessment work), an affidavit of assessment work performed thereon or for the benefit thereof, (stating, among other facts, that the assessment work was performed before 12:00 noon of September 1 of that calendar year) or a detailed report relating to geological, geophysical or geochemical surveys. An affidavit of assessment work shall set forth the time when such work was done and the amount, character and cost thereof, together with the name of the person who performed such work. The affidavit, when made and filed as herein provided, shall be prima facie evidence of the facts therein stated. The failure to make and file the affidavit as herein provided, shall, in any contest, suit or proceeding touching the title to such claim, place the burden of proof upon the owner of the claim to show that the work has been done according to law.

It appears the New Mexico mining year is the same as the regular calendar year minus one day. Unless you located your claim in Calendar year 2017 you will need to record a Notice of Intent to Hold Mining Claim on or before December 30th of 2017. This year not 2018.

I hope that helps.

Heavy Pans

 

[Clay Diggins]

Call the county recorders office in your state, they will tell you what you need or not need to do.

County Recorders are barred by law from giving you legal advice. You can look up the law in your State or you can hire a lawyer to look up the law and explain it to you.


You will find this statement on the County Recorder's front page in Washington State.

The Recorder’s Office cannot offer legal advice or determine the legal correctness or function of the content of your document. It is highly advised that you consult a professional before recording.

All States have similar laws.


Here's what can happen if you rely on the BLM's filing advice (PDF). Many people have lost their claims by doing just what the BLM told them to do.

Relying on either the County Recorder or the BLM to give you advice on your requirements to hold your mining claim is a fools errand. Please do your own due diligence.

Educate Yourself and Prosper!

Heavy Pans

 

[rockhunt]

Thanks Heavy!

Curious. If I miss filing my Notice of Intent to Keep, can someone claim on top of me? Would I have to re locate to be safe?