Annual Claim Recording and Filing

[Clay Diggins]

There seems to be a lot of confusion and misinformation being passed around about the annual mining claim requirements this season.

To help avoid the confusion and help you cut through the B.S. Miner Diggins offers a free flow chart and information sheet every year to help miners sort out the various requirements.

Click on the image to get a link to download the PDF

Flow Chart


Guidelines


Feel free to share these aids but please leave the copyright intact.

Heavy Pans

 

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[Asmbandits]

Thanks Barry.

 

[okbasspro]

Thanx Clay

 

[Bonaro]

There seems to be a lot of confusion and misinformation being passed around about the annual mining claim requirements this season.

To help avoid the confusion and help you cut through the B.S. Miner Diggins offers a free flow chart and information sheet every year to help miners sort out the various requirements.

Click on the image to get a link to download the PDF

Flow Chart
View attachment 1348293

Guidelines
View attachment 1348294

Feel free to share these aids but please leave the copyright intact.

Heavy Pans

Clay, was there supposed to be two different downloads? I see two different thumbnails but get the same doc on each
Excellent flowchart - BTW

 

[Clay Diggins]

Clay, was there supposed to be two different downloads? I see two different thumbnails but get the same doc on each
Excellent flowchart - BTW

Yeah you are right I messed up the second link. Thanks for the heads up Bonaro!

I fixed the link in the original post it should give you the second file now. If the link doesn't change you may need to reload the page.

Heavy Pans

 

[Asmbandits]

So I never knew that I was to file a NOI to hold with the county each time I paid the the full maintenance fee and not SMW.. I could never find anything stating this on blm website or otherwise so I never realized it was needed.. Called El Dorado county to ask and they didn't know, said to call blm.. Called blm and was told I have to file a affidavit of assessment or NOI of intent with county every year.. He say its Federal law that states this? He almost sounded un sure what he was talking about... Am I SOL and need to start from scratch at this point or am I missing something? I always thought that I only needed to file NOI if going from paying the fee to smv or vise versa and that the county requirements for yearly filing were different and it did not depend on state or Federal law but what that county requires?

Also, all I see about filling NOI yearly from blm pertains to tunnels and mill sites, and mine is a placer Claim.

 

[jere64ca]

He almost sounded un sure what he was talking about...

You must have been talking with Larry,,,, grin.

I think you have it correct, if you have been paying the maint. fee then that is all you have to do. Hopefully some of the more knowledgeable (no,,, not the ones at BLM) will chime in.

 

[et1955]

In Syskiyou County an NOI is not required if you pay the full maintenance fee, I thought I was in trouble for not sending one to the county but after talking with them they told me it wasn't required. All is well with my claims. The BLM notifies the county of all active claims each year so the county can send you a tax bill if your claim is valued at or above a certain level, in Siskiyou Co. it's $2000.00

 

[Au-N-Rod]

ASMbandits, according to the flow charts that Clay posted, you need to do a NOI no matter if you work or pay.

 

[Asmbandits]

ASMbandits, according to the flow charts that Clay posted, you need to do a NOI no matter if you work or pay.

I see that but im not sure that it is 100% accurate, others are posting to support my questioning it as well. Possibly it is just that cut and dry but what is surprising to me is how myself and others have not ran into this until now?

Anything I knew in the past was that each county was in control of what is required to file yearly, this throws it out the window so im just hoping for some clarification.

 

[Asmbandits]

This is all I can find and the way it is worded confuses me as to what it is referring to. The way I read it, it sounds as if its saying this must be done when filing a small miners waiver as that is the only reason you would file the assessment form. It says "or" NOI. I see in another pdf form where it says that one is required for the first time you go from paying the fee to doing a small miners waiver. Why wouldn't they just say NOI is always filed with maintenance fee payment if that's how it is? I see that it says " NOTE" and that for 2017 a assessment or NOI needs to be filled with the county but I don't remember seeing this last year when I paid the maintenance fee, and other things they post make it seem like a NOI is only needed in certain situations. Its not something that they now this year have changed and now require is it?

from blm page at the very bottom Mining Claim Filing Instructions, Bureau of Land Management California


COUNTY RECORDER FILING REQUIREMENTS

In addition to filing with BLM, you must file a 2016 Affidavit of Assessment Work or Notice of Intent to Hold with the County Recorder’s office by September 30th, 2016. The location of the County Recorder's office will always be in the county seat of the county in which your claim is situated.

NOTE: If you pay the 2017 MAINTENANCE FEE, for county purposes indicate on an Affidavit of Assessment Work form, or a California Notice of Intent to Hold form, that shows you have paid the 2017 Maintenance Fee to BLM and the date on which you paid it.

Then I read this and it confuses me as noted above it says that for the first year going from paying the maintenance fee to SMW a NOI is needed..

http://www.blm.gov/style/medialib/blm/az/pdfs.Par.86490.File.dat/waiver-info.pdf

Even the actual form that I have never seen until now since I've always paid online has instructions on filling that do not mention anything about filing with the county yet does have a section on top that says for county use..
http://www.blm.gov/style/medialib/blm/ca/images/iac_images.Par.19782.File.dat/Final%203830-5a%20Maintenance%20Fee%20Payment%203%20pages.pdf

 

[Clay Diggins]

Two things must be accomplished each year to hold a mining claim.

1 A public record must be made each year to hold a mining claim (usually public records are made at the county recorder's office). How and when that recording must be made is governed by State law. Each State is different but they all require an annual public record.
2 An annual filing must be made at the State BLM office.

I just posted this but it's a lot of words to take in all at once. This is California law but you will find something similar in each State's mining laws. I highlighted the part that shows the legal requirement to make an annual record for your claim. Please do read the whole thing if you really want to understand why the BLM "form" is not adequate in California (it has nothing to do with notary).

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

 

[Asmbandits]

In Syskiyou County an NOI is not required if you pay the full maintenance fee, I thought I was in trouble for not sending one to the county but after talking with them they told me it wasn't required. All is well with my claims. The BLM notifies the county of all active claims each year so the county can send you a tax bill if your claim is valued at or above a certain level, in Siskiyou Co. it's $2000.00

See what you explain is exactly how I thought it worked. I spoke with El Dorado county tax assessor today and she said they don't assess claims under 100 acres. Placer county doesn't even asses claims at all. So all good Tax wise. If what Clay posted is the end all way it has to be done it sounds like even though the county told you this your claims as we as mine are truly not valid at this point...

 

[Asmbandits]

Two things must be accomplished each year to hold a mining claim.

1 A public record must be made each year to hold a mining claim (usually public records are made at the county recorder's office). How and when that recording must be made is governed by State law. Each State is different but they all require an annual public record.
2 An annual filing must be made at the State BLM office.

I just posted this but it's a lot of words to take in all at once. This is California law but you will find something similar in each State's mining laws. I highlighted the part that shows the legal requirement to make an annual record for your claim. Please do read the whole thing if you really want to understand why the BLM "form" is not adequate in California (it has nothing to do with notary).



Heavy Pans

Thanks Barry.. Ahhhh yeah that's what I wasnt hoping to hear. This is good info hopefully others will see this thread I know I'm not alone.

See it doesn't matter what the actual status the blm has listed, or even what the county my tell you or think they know, your claims validity is created by following ALL of these laws you may or may not know or be informed about. The blm and the county will just take your money and say everything is fine and dandy but in reality isn't if you didn't do things properly your claim might be valid in LR2000 but legally it becomes void when something like this is missed... I thought I had been doing things correctly and informed but looks like I haven't...

Im going to re locate/file asap. I suggest if your in the same boat as me you do the same, start off from scratch proper and stay proper each year..

 

[Clay Diggins]

In Syskiyou County an NOI is not required if you pay the full maintenance fee, I thought I was in trouble for not sending one to the county but after talking with them they told me it wasn't required. All is well with my claims. The BLM notifies the county of all active claims each year so the county can send you a tax bill if your claim is valued at or above a certain level, in Siskiyou Co. it's $2000.00

It's unwise to rely on legal information from the BLM. By law the County Recorder can not give you legal information.

The BLM does not notify the County Recorder of active claims the claim owners themselves do that by making their required annual recording at the County Recorder's office. Here's how it works in California - this is from California mining law:

3914. The board of supervisors, may require, by resolution, that
any person filing an affidavit pursuant to Section 3913 or any person
filing a notice of intent to hold, demonstrate proof of payment of
any unsecured tax levied against the mining claim on which the
affidavit or notice of intent to hold is filed, along with any
delinquent unsecured taxes levied against the person filing the
affidavit or notice of intent to hold, prior to the recordation of
the affidavit or notice of intent to hold.
If a resolution is adopted by the board of supervisors pursuant to
this section, it may include the following provisions, and any other
provisions determined by the board as necessary to carry out the
intent of this section:
(a) A provision prohibiting the county recorder from accepting the
affidavit or notice of intent to hold for recordation without the
tax collector's certification that the taxes have been paid.
(b) A provision requiring the following:
(1) That, when taxes are paid, the tax collector issue a receipt
or certificate of payment for use in certification of the affidavit
or notice of intent to hold.
(2) That the county recorder forward the affidavit or notice of
intent to hold to the tax collector if the county recorder receives
an affidavit for recording by mail and the affidavit or notice of
intent to hold does not contain the tax collector's certification
that the taxes have been paid.
(3) That, if applicable, the tax collector then certify that the
taxes have been paid on the face of the affidavit or notice of intent
to hold and return the document to the county recorder for
recording.
(4) That, if the taxes have not been paid, the tax collector
return the affidavit unrecorded to the filer.

Heavy Pans

 

[Clay Diggins]

Thanks Barry.. Ahhhh yeah that's what I wasnt hoping to hear. This is good info hopefully others will see this thread I know I'm not alone.

See it doesn't matter what the actual status the blm has listed, or even what the county my tell you or think they know, your claims validity is created by following ALL of these laws you may or may not know or be informed about. The blm and the county will just take your money and say everything is fine and dandy but in reality isn't if you didn't do things properly your claim might be valid in LR2000 but legally it becomes void when something like this is missed... I thought I had been doing things correctly and informed but looks like I haven't...

Im going to re locate/file asap. I suggest if your in the same boat as me you do the same, start off from scratch proper and stay proper each year..

I wouldn't be so quick to start a new location Asmbandits. It's not "void" it's just considered "abandoned" under State law. A better understanding of what the law is saying will show you how you might be OK if you make a little effort to clean up.

The law is saying that if you don't make your public record in time it is prima facie presumption that you intend to abandon your claim. The term prima facie means literally "on it's face" or "at first look". In the context used in the California law it means "legally sufficient to establish a fact unless disproved". A presumption can be rebutted.

The key is disproving what it "looks like" has happened. The California law even points out that it now becomes your duty to show otherwise if your claim validity is brought into question. Failure to make the record in time:

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

Neither the State nor the County can legally close your claim for failure to Record on time but another locator could come along and challenge your claim based on the fact you had missed your annual County Recordings. Normally all you would need to prove that your claim was valid is to produce Certified copies of your Location Notice and your annual County Recordings. Without that Certified Public Record you have to prove you intended to keep the claim in some other way.

I know most folks are thinking at this point that they just need to show their BLM filings but honestly that doesn't carry a lot of weight in a court of law. BLM filings are evidence but they can't be certified or attested to because they aren't public records. Only the County Recorder can Certify your claim records to a court. It's important to understand that a Public Record of your mining claim has been required in most States since before the Mining Acts were written in 1866. The BLM informational filing has only been required since 1980.

So where does all that leave the claim owners that haven't been making their required annual Public Record? I'm not going to give legal advice but it seems since you need to start building a Public Record of your intent to hold your claim it might be a good idea to get caught up on your past required affidavits at the County Recorder's office. You might be a few years late but a late Public Record is better than no Public Record. A little hard for another locator to come along and challenge your claim because they thought you had abandoned your claim when there are a bunch of fresh affidavits saying otherwise.

Each State's laws are different but it appears in California you most likely have a way to make things right going forward.

Heavy Pans

 

[Clay Diggins]

See it doesn't matter what the actual status the blm has listed, or even what the county my tell you or think they know, your claims validity is created by following ALL of these laws you may or may not know or be informed about. The blm and the county will just take your money and say everything is fine and dandy but in reality isn't if you didn't do things properly

Big wisdom in that statement Asmbandits.

This is the very basis of a mining claim of right. It's all up to you, there are no agencies that can give you directions. All the instructions are in the laws.

Heavy Pans

 

[jere64ca]

Clay, I stand in awe (noun: a feeling of reverential respect mixed with fear or wonder) of your eloquence and expertise on the subject matter and you quote the legal statute as well. I know all this crap but cant spit it out in an intelligent manner.

Gary, at BLM, has told me that they will not look into county filings, so as far as they are concerned your claims are valid. I believe the only problem you would have is if someone filed an adverse claim on top of yours. Correct your filings as best you can as Clay has suggested would be my advise as well. I just got finished reading "Mining law: From location to patent" by Terry S Maley and the cases cited in this book have ruled almost entirely in favor of the senior locator even if his paperwork was not exactly perfect as long as he acted in "good faith".

 

[Clay Diggins]

Just a reminder less than 24 hours to go.

If you haven't done your annual BLM filing yet you need to get them in to your State BLM office by end of day tomorrow.

Heavy Pans

 

[okbasspro]

Just a reminder less than 24 hours to go.

If you haven't done your annual BLM filing yet you need to get them in to your State BLM office by end of day tomorrow.

Heavy Pans

Done with 2 weeks to spare good for another year