Mining Claim Filing Requirements

[IMAUDIGGER]

I was attempting to determine if a friend needed to file any paperwork on Dec. 30th of this year in order to keep his claim in good standing..he filed a a Small Miners Waiver for the first time in Aug. of 2019.

The question was does he need to file a Notice of Intent to Hold by Dec. 30th of this year...

 

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[IMAUDIGGER]

Based on the flow chart at Land Matters..I'm going to say he needs to file a Notice of Intent to Hold prior to Dec 30th 2019 (because it was the first time he filed a Small Miners Waiver. Pretty simple...why doesn't BLM offer a flow chart like that? I got conflicting answers even when they were looking at the claim records!

 

[IMAUDIGGER]

The claim was first filed on Sept of 2018
Act Date: 09/##/2018
Action Text: Location Year / Maintenance fee
Action Remarks: 2019;$155

Act Date: 09/##/2018
Action Text: Addl. Maintenance Fee
Action Remarks: 2019;$155

I don't know if that means he paid those fees??

Small Miners Waiver filed in Aug. 2019

No Notice of Intent to Hold on file.

So I do have a question..the options for why the Notice of Intent to Hold is being filed...
A: Maintenance fees have been paid to BLM for each claim.
OR
B: Claimant has filed a Maintenance Fee Waiver with BLM.
OR
C: Claim was located during the current assessment year.

The flow chart just says "first time filing a small miners waiver"...

Why do I need to file this document and what mining year does it apply to?

Now it's getting confusing.
Thanks.

 

[Clay Diggins]

The small miner declaration applies to the upcoming mining year.

You can’t swear you did labor in the future (upcoming year) so you can’t record an affidavit of labor before the first year of your small miner starts (September 1). All these maintenance requirements for the BLM have to be done BEFORE the mining year starts. Labor on the other hand takes place DURING the mining year and your affidavit of labor only applies to work done during the mining year. The BLM filing deadline for an affidavit of labor or intent to hold under small miner is December 30 FOLLOWING the mining year.

The State public record requirement dates for the original affidavit may be earlier than December 30.

Since you need to make an annual notice with both the BLM and the County Recorder each year the "Intent to hold" meets the annual requirement for both the County recording and BLM informational filing in your first year of small miner.

Heavy Pans

 

[IMAUDIGGER]

Clay could you check my understanding on this.

*The first mining year ended Sept. 1st 2019.
*He needs to file a Notice of Intent to Hold for the above mentioned year, because the claim was located during the current assessment year (reason C in my previous post).
*The Small Miners Waiver was filed for the mining year ending Sept. 1st, 2020.
*Once the assessment work is complete (for the mining year ending Sept. 1st, 2020), he would file an Affidavit of Assessment Work (prior to Dec. 30th 2020).

Of course he would have to either pay his maintenance fee or file a Small Miners Waiver prior to Sept. 1st, 2020 for the subsequent mining year.

Do I have that correct?

 

[Clay Diggins]

Clay could you check my understanding on this.

*The first mining year ended Sept. 1st 2019.
*He needs to file a Notice of Intent to Hold for the above mentioned year, because the claim was located during the current assessment year (reason C in my previous post).
*The Small Miners Waiver was filed for the mining year ending Sept. 1st, 2020.
*Once the assessment work is complete (for the mining year ending Sept. 1st, 2020), he would file an Affidavit of Assessment Work (prior to Dec. 30th 2020).

Of course he would have to either pay his maintenance fee or file a Small Miners Waiver prior to Sept. 1st, 2020 for the subsequent mining year.

Do I have that correct?

Sort of...

The NOI is in lieu of a labor assessment. It doesn't matter that the claim was located the previous mining year. The Notice of Intent to Hold Mining Claim is always required in the first year of a small claims waiver.

It's just your reasoning that's off - all the actions and dates you state are correct.

__________________​

The reason this gets so confusing is because the Federal mining year begins in September. So we have been in the 2020 federal mining year since last September even though it's been 2019 calendar year all that time.

You also have a State mining year that's different from the Federal Mining year. Those State mining years vary from State to State. In Arizona the mining year runs from December 31 to December 30... Yeah just one day short of the calendar year.

Other States have their own thing. I think California runs from October 1 to September 30. Nevada is November 2 - November 1. Colorado is the same as Arizona. etc. etc. !!(Check your state's laws)!!


So you are really talking about providing a copy of the State required annual public record labor affidavit - according to State law - to the State BLM office by December 30th.

Congress could have made that notice required by the last day of the year (December 31st) and we could just compare a calendar year to a federal mining year. Instead Congress in their infinite wisdom was asleep the day the law passed and nobody noticed that there were actually 31 days in December.
(OK Congress may not have been asleep and there could be deep meaning or symbolism to December 30th but I'm sticking with my asleep theory until someone comes up with a better story)

I have no theories I'm willing to share publicly why each State has decided on different dates for their mining years.

If you get the feeling you are being messed with by unseen forces...........

Heavy Pans

 

[mikep691]

Better get moving!! Whether you're filing Intent to Hold or Labor Assessment, it has to be recorded in your county of claim and be at BLM by Dec. 30th.

 

[IMAUDIGGER]

Better get moving!! Whether you're filing Intent to Hold or Labor Assessment, it has to be recorded in your county of claim and be at BLM by Dec. 30th.

I was told it had to be recorded at the county before the 30th...postmarked prior to the 30th and received within by BLM within 15 days of the cutoff.

I'm going to record it today and send it next day to BLM. So I should be good.

 

[Rail Dawg]

IMAUDIGGER I do recommend sending this Certified Mail.

If lost in the mail and you don't send Certified the claim is lost.

Great thread.

Chuck

 

[IMAUDIGGER]

Ok so after speaking with the State BLM office (different person), I filed it for the year ending Sept. 1st 2020, with the reason checked that Claimant had filed a Maintenance Fee Waiver.

They said the fees were paid for the 2019 season and that because it was the first time filing a Small Miners Waiver, that I needed to file a Notice of Intent to Hold.

It was sent overnight.
I will be watching the tracking to make sure it's delivered.
Let's hope nothing happens in-route. I wish now that I had sent it in certified mail.

 

[Rail Dawg]

I’ve been taking notes on these types of issues for years now.

Had to make many corrections as I listened to Clay, read the rules and got smarter (relatively-speaking lol).

Here’s my notes on the Small Miner Waiver:

BLM:

• File "Maintenance Fee Waiver Certification (Form 3830-2)" with BLM before Sep 01.
• No charge for this.
• File "Notice of Intent to Hold" with BLM before Dec 30 of current year.
• $15 charge for each claim for this NOI.
• If first year of Waiver state on NOI form that a Small Miner Waiver was done and no assessment work was needed for the year.
• Use the Nevada "Notice of Intent to Hold" form for this.
• Just a copy of the NOI sent to the county is fine.
• File "Affidavit of Annual Assessment Work (Form 3830-4)" with BLM before Dec 30 of the FOLLOWING year.
• The "Affidavit of Annual Assessment Work (Form 3830-4)" needs to be filed every year after that.


PERSHING COUNTY (Nevada)

• File "Affidavit and Notice of Intent to Hold (NRS 517.230)" before Nov. 01 the first year of filing Small Miner Waiver.
• File "Affidavit of Assessment Work” (same form as sent to BLM (3830-4)) before Nov 01 the year following the first year of filing Small Miner Waiver.
• OK to add extra sheet of paper for extra claims.
• $12 per claim $13 per document (one document can have all claims).
Must be an original document. No copies.