Its that time again! Annual Claims Paperwork - Page 2
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  1. #16
    us
    retired bumb and part time Hobo

    May 2005
    St. Louis, missouri
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    AHHHHHHHHHHH !! Now that's better ! Thankyou Barry !
    ratled, Clay Diggins and et1955 like this.

  2. #17
    us
    Ed Tracy

    Jan 2015
    Shoreline,wa
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    Aaaaaarg, now I have to call the Siskiyou county recorders office and find out out what I have to pay for the N.O.I., filling is cheap but the state tax on this is a pain, ironic since we can't mine our claims the way we want too.
    ratled likes this.

  3. #18
    us
    Mar 2011
    215
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    Always look forward to this post every year. Thanks again. If anyone is looking for the small miner waiver, here is the link. https://www.blm.gov/sites/blm.gov/files/3830-002_0.pdf. This took me a while to find the current one.
    Goodyguy and Clay Diggins like this.

  4. #19
    Charter Member
    us
    Oct 2015
    Northern Nevada
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    Clay I have a question about the 2020 flowchart.

    It says as you follow the Small Miner Waiver flow that the Affidavit of Assessment Work needs to be filed with the County Recorder before 12/30/2020.

    I am only knowledgeable about Nevada in that they require the Affidavit of Assessment Work be filed with the County Recorder by 11/01/2020.

    You're pretty dang smart on this stuff and I might be in error. Please advise.

    Thanks.

    Chuck

  5. #20
    Charter Member
    us
    Nov 2010
    The Great Southwest
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    Prospecting
    Quote Originally Posted by Rail Dawg View Post
    Clay I have a question about the 2020 flowchart.

    It says as you follow the Small Miner Waiver flow that the Affidavit of Assessment Work needs to be filed with the County Recorder before 12/30/2020.

    I am only knowledgeable about Nevada in that they require the Affidavit of Assessment Work be filed with the County Recorder by 11/01/2020.

    You're pretty dang smart on this stuff and I might be in error. Please advise.

    Thanks.

    Chuck
    You are not in error. Nevada public record deadline is November 1st. California is September 30th if I remember right. In Arizona it's the same as the fed deadline December 30. Your public record requirements are governed by state laws so it does vary.

    Since you should perform the labor and file a copy of your recorded affidavit by December 30th under federal law it just makes sense you would need to record in the county by that same date. That's the federal requirement.

    The flow chart is to explain how to accomplish your federal mining claims filing for the upcoming year. If you follow the flow of the chart down to the end you always end up in the same place, the yellow block at the bottom right that says:

    Click image for larger version. 

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    Always Review State Mining Laws
    Dates shown are Federal Deadlines
    State Laws may have earlier required Deadlines

    I've considered adding a few pages on to show the state requirements but I haven't seen any real interest in individual state public record requirements. It's a lot more work to check each state for changes each year but I'd be willing to put in the hours if I was convinced people would use it.

    Here's the deal for those who are wondering what this is about - there 2 different annual requirements to maintain your mining claim:

    1. Every year for every mining claim you intend to keep there needs to be a public record made of your claim status. How and when that's done is up to the individual states. In most states the public record is made at the county recorder's office.
    2. Every year since 1980 for every mining claim you intend to keep there needs to be an informational filing submitted to the state BLM office in the state where your claim is located. This is a required federal filing under the FLPMA.

    State = Public Record
    Federal = Form Filing

    The County Recorder just records documents. They couldn't care less about your claim's federal filings. More importantly the state courts will rely on the public record but not on government filings.

    The feds couldn't care less about the state recording requirements and they certainly can't enforce state recording requirements. Not their problem.

    Two very different things but both are required.

    The flow chart really only covers the federal filings requirement. I'm trying to envision it with little branches and arrows pointing from every state if it did include state record requirements. I'm a gettin' dizzy. I'm gonna have to think this one over raildog.

    Heavy Pans
    et1955, russau, Rail Dawg and 2 others like this.

  6. #21
    Charter Member
    us
    Oct 2015
    Northern Nevada
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    Thanks Clay. Great explanation!

    Chuck
    Clay Diggins likes this.

  7. #22
    us
    Aug 2004
    Olympia WA
    Minelab Xterra 70, Minelab SD 2200d, 2.5", 3", 4"and several Keene 5" production dredges, Knelson Centrifuge, Gold screw automatic panner
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    Curious...since the small miner waiver requires no fee, is it possible to fax it in or submit it online?

  8. #23
    Charter Member
    us
    Low & Slow 2C Below

    Sep 2017
    SW Washington
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    I think you should attach this to the form as well.

    Name:  46DFBFDF-3F35-4CAE-B84C-45E43279E014.jpeg
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    "If you can cut the people off from their
    history, then they can be easily persuaded."
    ~ Karl Marx



    "History does not long entrust the
    care of freedom to the weak or the timid."
    ~ Dwight D. Eisenhower

  9. #24
    Charter Member
    us
    Nov 2010
    The Great Southwest
    3,845
    11328 times
    Prospecting
    Quote Originally Posted by Bonaro View Post
    Curious...since the small miner waiver requires no fee, is it possible to fax it in or submit it online?
    The BLM does allow paying some fees online but there is no way to submit the waiver form electronically.

    Heavy Pans
    Rail Dawg likes this.

  10. #25
    us
    Jul 2014
    Yuba County, California
    19
    23 times
    Prospecting
    For other people's info:. The Sacramento BLM office is closed to the public due to Covid. They are requiring all documents to be mailed in Certified Mail, and will accept the postmark date as date of submission.

    In my case, I am not yet able to file my records proof of labor, as I just got my tax bill for the claim in Plumas County, less than a week ago. So I get to pay for certified mail, twice!
    Clay Diggins and Rail Dawg like this.

  11. #26
    us
    May 2009
    Sailor Flat, Ca.
    SDC2300, Gold Bug 2 Burlap, fish oil, ACME handbook for TRUE prospectors (unread)
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    Quote Originally Posted by newman View Post
    For other people's info:. The Sacramento BLM office is closed to the public due to Covid. They are requiring all documents to be mailed in Certified Mail, and will accept the postmark date as date of submission.

    In my case, I am not yet able to file my records proof of labor, as I just got my tax bill for the claim in Plumas County, less than a week ago. So I get to pay for certified mail, twice!
    You have until Dec. 30th to file your proof of labor with BLM.

    its only maintenance fees or The waiver due by Sept. 1

    As far as emails Nope. Live copy blue ink only for signatures.

    proof of labor or Notice of intent to hold can be copies,

    Ill Send in copies once they get back to me from recorder.

    No tax in El Dorado Co. for claims so i'll have to trax someone down in the tax collectors office to sign of no tax due.

    Got confirmation that waiver hit sac. office Monday and was signed for.
    Clay Diggins and Rail Dawg like this.

 

 
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