It's that time again! Annual Claims Paperwork

[Clay Diggins]

As Land Matters does every new mining year we are offering for download our annual mining claims flow diagrams and written explanations of the annual BLM mining claim filing requirements. These filing aids have helped many claim owners wade through the BLM filing requirements.

These popular PDF handouts are updated for the upcoming 2021 mining year (beginning September 1, 2020). Feel free to share and post these wherever you wish as long as you don't modify them and keep them intact with their copyright notices.

Reminder
The federal filing deadline this year for all mining claims is Monday August 31, 2020.

Download the Free 2020 Annual Federal Mining Claims Filing Requirements

Heavy Pans

 

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[Rail Dawg]

Thanks Clay. Great explanation!

Chuck

 

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[Bonaro]

Curious...since the small miner waiver requires no fee, is it possible to fax it in or submit it online?

 

[WaterScoop]

I think you should attach this to the form as well.

 

[Clay Diggins]

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

 

[newman]

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!

 

[Goldwasher]

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.

 

[Reed Lukens]

So... BLM still has my paperwork... I called up Sacramento, they said that they have it, which is good being that it's been there for over a month, but they haven't processed it yet and it takes 7 days for our Oregon mail service to get mail back to us wherever we are in the States.
My California claim is in 2 counties, so... my day will be spent calling the Counties, writing out and sending them the small miners waivers that BLM still has and is there anything else that I need to file with the California counties before September 30?
It's been a wierd year for everyone... and this is a first for me, I thought that everything would be done by now... but not this year.

I'm just double checking,
So I just need to file original hand written waivers with the counties for my placer claim by next week? Or can I just print out copies?
Or being that BLM is so overworked, should I file a notice of intent to hold?

 

[et1955]

You do need to file an a N.I.H. for your claims at the county recorders office where your claims are, my 3 are in Siskiyou county and it cost 14$ per page you submit plus a 75$ SB-2 tax.

 

[Reed Lukens]

The thing is, I've had this claim since 2003 and I haven't had to file a "notice of intent to hold" since the first year. It will just be a safety if needed.

 

[Clay Diggins]

The thing is, I've had this claim since 2003 and I haven't had to file a "notice of intent to hold" since the first year. It will just be a safety if needed.

Is your claim on a small miner's waiver Reed?

Heavy Pans

 

[Reed Lukens]

Is your claim on a small miner's waiver Reed?

Heavy Pans

Yes

 

[mofugly13]

Isn’t the proper order to file with the county, and THEN send the recorded copy to BLM next? Or does it matter as long as BLM gets theirs in time?

 

[Clay Diggins]

Yes

Is this your first year declaring as a small miner?

Heavy Pans

 

[Reed Lukens]

Is this your first year declaring as a small miner?

Heavy Pans

No, its been at least 5 years

 

[Clay Diggins]

No, its been at least 5 years

Then you don't need to record a Notice of Intent to Hold. You need to record an "Affidavit Of Annual Assessment Work - Proof Of Labor, Mining Claim" as it's titled in California (other states have different names). The Notice of intent to Hold - Mining Claim is only used in the first year of a small miner's waiver or if you paid the maintenance fee instead of performing labor.

Record your affidavit of labor with the County Recorder by the California due date (September 30) and then file a copy of that County Recording with the BLM state office by December 30, 2020.

Here's the requirements for the affidavits in California from the California code. Some counties also require you pay a tax before recording your annual affidavit.

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:
(1) The name of the claim and the serial number, if any, assigned
to the claim by the Bureau of Land Management in the United States
Department of Interior.
(2) A reference by book and page or document number to the public
record of the notice of location of the claim and, if amended, of the
last recorded amendment thereof.
(3) The section or sections, township, range, and meridian of the
United States survey within which all or any part of the claim is
located.
(4) A description of the labor performed or improvements made upon
or for the benefit of the claim for which the proof is made, the
value of each item, and the dates on which, or the period of time
within which, the labor was performed or the improvement was made, or
a statement that a maintenance fee in the amount prescribed by the
laws of the United States has been or will be paid, the amount of the
maintenance fee, and the date of payment or anticipated payment.
(5) The name, current mailing address, and current residence
address of the person who makes the proof and of the owner of the
claim, as known to the affiant.
(6) A statement that the claim is held and claimed by the owner,
or the person making the proof if he or she is entitled to possession
thereof, for the valuable mineral contained therein.
(7) The name and address of the person who performed or made the
work and improvements described in the affidavit, as known to the
affiant, if applicable.
(8) A statement that all monuments required by law to have been
erected upon the claim and all notices required by law to have been
posted on the claim or copies thereof were in place at a date within
the assessment year for which the affidavit is made and a statement
of the date.
(9) A statement that, at that date, each corner monument bore or
contained a marking sufficient to appropriately designate the corner
of the mining claim to which it pertains and the name of the claim.
(b) An affidavit recorded as required by subdivision (a), or a
copy thereof duly certified by the county recorder, shall be prima
facie evidence of the performance of the labor, the making of the
improvements, or the payment of the maintenance fee as stated in the
affidavit.
(c) The neglect or failure of the owner of any mining claim to
record, or cause to be recorded, within the time allowed by this
section an affidavit containing the statements required by
subdivision (a) creates a prima facie presumption of the act and
intent of the owner to abandon the claim at the end of the assessment
year within which the labor should have been performed, the
improvements should have been made, or the maintenance fee should
have been paid under the laws of the United States, and imposes the
burden of proof upon the owner of the claim to show that the labor
has been performed, that the improvements have been made, or that the
maintenance fee has been paid in any contest, suit, or proceeding
touching the title to the claim. However, if the affidavit is
executed and recorded by anyone other than an owner within the 30-day
period, and the owner apprehends that there are deficiencies in the
recorded affidavit, he or she may supplement the recorded affidavit
by further affidavit to comply with the section and may record the
supplemental affidavit within 30 days following the last day of the
30-day period after the time required by law for performance of the
work, making of improvements, or payment of the maintenance fee, and
thereby obtain the prima facie evidence of the performance of labor,
the making of improvements, or the payment of the maintenance fee,
and avoid the prima facie presumption of abandonment and the burden
of proving the performance of labor, the making of improvements, or
the payment of the maintenance fee required by law.
(d) Any person who willfully makes a false statement with respect
to any mining claim on the affidavit required by subdivision (a), or
on the supplementary affidavit permitted by subdivision (c), is
guilty of a misdemeanor and, upon conviction, shall be punished by a
fine of not more than two hundred dollars ($200) or by imprisonment
in the county jail for not more than six months, or by both the fine
and imprisonment.

Heavy Pans

 

[Reed Lukens]

Then you don't need to record a Notice of Intent to Hold. You need to record an "Affidavit Of Annual Assessment Work - Proof Of Labor, Mining Claim" as it's titled in California (other states have different names). The Notice of intent to Hold - Mining Claim is only used in the first year of a small miner's waiver or if you paid the maintenance fee instead of performing labor.

Record your affidavit of labor with the County Recorder by the California due date (September 30) and then file a copy of that County Recording with the BLM state office by December 30, 2020.

Here's the requirements for the affidavits in California from the California code. Some counties also require you pay a tax before recording your annual affidavit.



Heavy Pans

Thanks Barry
I feel so much better now. I've been stressing for weeks waiting this year.

 

[Clay Diggins]

Thanks Barry
I feel so much better now. I've been stressing for weeks waiting this year.

You are welcome.

It's been a stressful year for everyone Reed. Relax for a while and count your nuggets, it can be very soothing.

Heavy Pans

 

[Reed Lukens]

Isn’t the proper order to file with the county, and THEN send the recorded copy to BLM next? Or does it matter as long as BLM gets theirs in time?

We have a few claims with partners and then this one that I am sole owner on now. Usually I just drive to blm, get them stamped all in about 5 minutes, not counting the time that I spend bs'ing with the gang at blm, and then we go over to the county tax collector for their stamp and then down the hall to the recorders. It takes 4 to 6 weeks to get my copies back from the recorders, complete and done for the year. This year with covid having shut everything down it's just taking a lot longer at blm. I can walk into the county buildings still and I've talked to them on the phone making appointments.

 

[winners58]

so if I locate & file a claim now after sept.1 even though its before dec. 30th
I've would have already paid for this year and only file a waver in Aug. and file a intent to hold Dec.30th of next year.
just confusing myself i guess, is this right, sending in a new location to BLM soon.
I've only filed locations in the spring, want to make sure this is right?

 

[Clay Diggins]

so if I locate & file a claim now after sept.1 even though its before dec. 30th
I've would have already paid for this year and only file a waver in Aug. and file a intent to hold Dec.30th of next year.
just confusing myself i guess, is this right, sending in a new location to BLM soon.
I've only filed locations in the spring, want to make sure this is right?

That's correct. That covers the BLM annual requirements.

Heavy Pans