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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[Assembler]

"Public vx Private" issues.

As pointed out with the link that Winners58 posted this topic thread is about for the most part:

H –3830-1 Administration of Mining Claims, Mill Sites, and Tunnel Sites (Public)

Section 314 of the Federal Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. §1744, amended the Mining Law to require persons holding mining claims and sites to record their mining claims with the Bureau of Land Management (BLM) by October 22, 1979.
Section314 also requires a claimant to record any mining claim, mill site, or tunnel site located after October 21, 1976, with the BLM, and to make annual filings to maintain all claims or sites, regardless of whether they were located before or after FLPMA.

The points of interest this one made have nothing to do with the above "Public issues" and are made because others started to talk about "Private issues" on this thread.

 

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[Goldwasher]

<br>
<br>
the fact is none of those things are actually affecting the topic at hand.<br>
<br>
per the conversation we have all agreed by default that those things are in place....therefore we don't need to talk about them existing...<br>
<br>
It really does seem like your some sort of BOT<br>
<br>
If a claim is located it is located in a place where it can be located. The only reason to worry about a survey is when it is being used as "proof" of the boundaries. If they are even in question.<br>
<br>
In this thread no boundaries or location validity is in question.<br>
<br>
Savvy ?<br>
<br>
We are not talking about that.............

I have no idea where the <BR> came from.....

and also .. Algorithm

 

[winners58]

Get your paperwork in on time is the topic.

I noticed December 30th is on a Saturday so the last day to hand deliver
claim maintenance paper work to the state office is Dec 29th before they close.
or post marked certified mail if the post office is open...

 

[Clay Diggins]

If you haven't done your annual BLM FLPMA filing yet your time has run out. Yesterday was the last chance. The BLM shows September 1 as the final date but that is a trap for people who rely on the BLM information rather than following the law. The BLM has a special treat for those who follow their instructions. Just ask Art Anderson (PDF).

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.

Art is not the only one the BLM has pulled this on. BLM still hasn't corrected their regulations, websites or information handouts to reflect the changes to the law in 2007 - 10 years ago. As Art Anderson found out that doesn't prevent the BLM from closing claims that haven't had an annual required informational filing before September 1.

 

[Bejay]

Another interesting thing about filing an appeal; should BLM error on their part and the claimant can prove a correct submittal. While under appeal the claim is open for others to file on! At least that was my personal experience with the BLM saying they did not receive the waiver on time ....( mailed it regular standard mail delivery....a single stamp) ...... (I now send them certified mail...always). Long story short...I immediately refiled the claims...and learned a hard lesson the hard way!

Bejay

 

[rockhunt]

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

Does anyone know the deadline date for filing Notice of Intent to hold in california?

 

[Bejay]

I believe it is the same in all States having locatable lands. A recorded document has to be received no later than Dec 31st. I do not believe a Dec 31st post mark works vs receiving the doc by Dec 31st. You want to make sure the recorded doc hits the BLM no later than Dec 31st. (best to be early than late...and best to pay attention to what day the 31st falls on........as opposed to it falling on a weekend). Always send it via certified mail.....return receipt requested!

Bejay

 

[Clay Diggins]

That's incorrect Bejay. It's December 30th for the BLM Federal filing. If you wait until December 31st you will lose your claim.

Each State's recording requirement is different. Most States are end of year but not all.

In California the time allotted appears to be 30 days.

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:

You can read the rest of California Location and Mining law HERE.

Heavy Pans

 

[Bejay]

As always it is a challenge to know who is requiring what. After all these years I have thought it was the BLM requiring the work be done or the fee paid, and I had thought "that process" was uniform. Now it appears the labor affidavit is a state requirement as well. I had always thought the State only became the player in the "location". This is almost like the fishing regulations in Oregon....no one knows what is what; and reading the rule book is impossible to understand.

Bejay

 

[winners58]

its the same in Oregon ORS 517.210 recorders like in Baker county/eastern Oregon are stricter.
other counties will accept it up till Dec 30th, if they will accept it you're good. also a good idea to get to know the clerks, most are really nice people.
there not supposed to give legal advice but sometimes will hint at how things are done, I now file a notice of intent to hold by just writing
"this serves as my notice of intent to hold" on a affidavit of assessment form, by law it's exempt from the Housing Alliance Tax/some other fee's.

 

[Bejay]

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

Time to bump this to the forefront

 

[Clay Diggins]

Time for a new one Brian. That will be ready on August 1 just like in past years.

Heavy Pans

 

[Goldwasher]

got my envelope two days ago

 

[Bonaro]

I have been thinking about my paperwork but blowing it off. When I read this post I finally just sat down and did it...thank you

 

[Bejay]

I have been thinking about my paperwork but blowing it off. When I read this post I finally just sat down and did it...thank you

I always intend to get er done early and before I know it August is upon me and then I have to get all the signatures of my mining partners on various claims to sign docs. And then it becomes a last minute rush. So I am with you on that Bonaro. The wording/dates on the waiver always throws me for a curve.


Bejay

 

[Bonaro]

I know it, happens every year. I start thing about it in may and that's when I get real busy. I have come in just under the wire a couple times. I have even saved all the docs on my computer so all I need to do is change the dates and file but ****, its still tedious. Plus this year the filing fees have increased. $99 to file one page is ridiculous. It should be easier to pay your rent

 

[Goldwasher]

I know it, happens every year. I start thing about it in may and that's when I get real busy. I have come in just under the wire a couple times. I have even saved all the docs on my computer so all I need to do is change the dates and file but ****, its still tedious. Plus this year the filing fees have increased. $99 to file one page is ridiculous. It should be easier to pay your rent

Did Washington add a recording tax also?

 

[Bejay]

I can't answer the Wash recording issue but here in Oregon the County recorder is the one who records docs for claims and each county is different on the fee they charge to record. Each county gets quite imaginative in creating a fee for recording. Each filing for claims are done at/in the county the claims are located....so no set "one shoe fits all approach"

Bejay