Affidavit of annual assessmentwork-proof of labor

[Goldwasher]

For you fellas that submit the small miner waiver and actually do improvements....How do you value your labor? If we spent significant time clearing the old road in and cutting a foot trail. Can you include the cost of fuel and equipment maintenance. Its not like you can really build and maintain structures anymore. So what falls in the scope of improvements? It doesn't make sense for us to pay the maintenance fee when we have definitely done physical labor to have access and use of our claim. Just wanted to get some examples from some guys who have had claims for a while and do the work rather than pay maintenance fees.

 

[2cmorau]

LOL i just received my paperwork from BLM yesterday

Pick up trash left by others ie. beer bottle/Broken Glass/alum cans, used tissue, replacement cost of sterile gloves/trash bag
and last year i received a thank you from a ( either BLM or Sierra County pretty sure it was Sierra County) , employee for picking up trash, blew me away first time

 

[H&F909ORO]

LOL i just received my paperwork from BLM yesterday Pick up trash left by others ie. beer bottle/Broken Glass/alum cans, used tissue, replacement cost of sterile gloves/trash bag and last year i received a thank you from a ( either BLM or Sierra County pretty sure it was Sierra County) , employee for picking up trash, blew me away first time

Wow that's nice to see someone pick up trash and what not that others left. Thanks for helping out. I will tell you a quick story of an a**hole. I helped out my towns 4th of July parade by setting up trash can along the whole parade route. Then after the parade we would take them and put them in trucks to finish the job. As I was waiting for the truck I took on of the cans and set it up near the middle of the road and waited. Some dude walked by me and forcefully threw a water bottle on the ground 3 feet from the damn trash can! I cursed him behind his back and another person agreed. Shows the carelessness of people, but I like to hear someone who cleans up the outdoors like you do. Thanks a lot!

 

[2cmorau]

Thanks H&F
GW gave me an idea, think i will attach pictures this time when filing,
this morning packed in my Lug-All and cable to move rocks, sweating up a storm so took a break and walked to a small beach near-by to toss a stick for the girl, noticed up high on the beach were a bunch of Bluemoon Bottles, will pack them out tomorrow, had to much stuff on me today

HH

 

[MinerFortyNiner1952]

We claim trail maintenance (clearing downed trees and cutting back brush) on our assessment form and use $15 / hour to meet our requirements

 

[Fullpan]

Hey MFN - waiting for an update from you ! You been getting any ?

 

[Fullpan]

...gold, that is...

 

[dredgeman]

Improvements are any cost to complete perfecting a claim to patent. Proving by work that it is a valid claim

new roads, trails, Maintenance and believe or not the trips to get gold. All the gas equipment and hours, travel, food, etc.

 

[Goldwasher]

Improvements are any cost to complete perfecting a claim to patent. Proving by work that it is a valid claim

new roads, trails, Maintenance and believe or not the trips to get gold. All the gas equipment and hours, travel, food, etc.

Well,shoot...I thank the government owes us some change then......We're in way more than a hundred bucks on improvements

 

[Hefty1]

I use the trail clean up also, but also add testing of shoreline gravels. Never paid that ridiculous fee.
The first time only.

 

[B H Prospector]

Your time mining on your claim counts also. I put a value at $20/hr per person who works on my claim. If I have 3 people for 8 hrs thats $480. Requirement is met.

 

[Bonaro]

I use $20 per hour because that the the base labor rate I charge when I moonlight building decks or whatever. Think about what a contractor would charge you (time and materials) if you hired him to do your maintenance and that is what you can claim. My maintenance is usually far in excess off what they require.
You can claim all clean up, trail / brush clearing and I count all hours spent dredging because I am making improvements to the stream

 

[SLNugget]

This might be of interest: See 43 CFR 3836.12

eCFR ? Code of Federal Regulations

 

[SLNugget]

The following came from the Utah BLM website. Use at your own risk! The BLM is not liable for anything on their websites.

Annual Maintenance of a Mining Claim or Site

Examples of Work That Qualify As Assessment Work
1.A building that benefits and improves the claim. Bryan V. McCraig, 10 Colo 309, 15 P 413 (1887).
2.Reasonable value of meals to miners who receive board in addition to salary. Fredricks v. Klauser, 52 Or 110; 96 P 679 (1908).
3.Value of blasting supplies. Id.
4.Construction of road to mining claim. U.S. v. 9,947.71 Acres of land, More or less, in Clark County, State of Nev., 220 F. Supp. 328 (DC Nev 1963); Silliman v. Powell, Utah 642 P2d 388, 393 (1982).
5.Maintenance of access roads to mining claim. Pinkerton v. Moore, 66 NM 11, 340 P2d 844 (1959).
6.Sinking shafts and running tunnels or drifts. James v. Krook, 42 Ariz 322 (1933).
7.Installation of mining machinery or fixtures. Id.
8.Employment of a watchman when necessary to protect structures or property used in developing a claim. Ingersolt v. Scott, 13 Ariz 165, 108 P 460 (1910).
9.Drilling and removal of samples from a mining claim. Eveleigh v. Darneille, 81 Cal Reptr 301 (Cal App 1969).

Examples of Work or Improvements That Do Not Qualify As Annual Labor on a Mining Claim
1.Removal of water from a mine for inspection of prospective buyer. Evalina Gold Mining Co. v. Yosemite Gold Mine Co., 15 Cal App 714, 115 P 946 (1911).
2.Erection of a house outside the boundaries of a claim for the shelter of miners. Remington v. Baudit, 6 Mont 138, 9 P 819 (1886).
3.Eating utensils, groceries, and bedding. Fredricks v. Klauser, 52 Or 110, 96 P 679 (1908).
4.Amount paid for horses used in development work; however value of their use will qualify. Id.
5.Payment for iron rails or tools, but their value in developing the mine may qualify. Id.
6.Material taken to a claim but not used. Id.
7.Sampling and assaying. Bishop v. Baisley, 28 Or 119, 41 P936 (1895).
8.Reconnaissance surveys of mining claims. Pinkerton v. Moore, 66 NM 11, 340 P2d 844 (1959).
9.Use of a claim to deposit wastes from other claims and building a flume to carry tailings to claim. Jackson v. Roby, 109 US 440 (1883).
10.Employment of a watchman to prevent relocation. Justice Mining Co. v. Barclay, 82 F 554 (CC Nev 1897); or where there is no valuable improvement or machinery to protect. James v. Krook, 42 Ariz 322, 25 P2d 1026 (1933).

Access Roads and Qualifies

The construction of access roads as well as improvement of existing access roads qualifies as assessment work, even though the road is not on the claims. For example, the cost of installation of water bars on an existing road to prevent erosion and reduce the need to rehabilitate or maintain the road is sufficient improvement to qualify as assessment work. United States v Herr, 130 IBLA 349, 365-65 (1994).

From: Mineral Law, by Terry S. Maley

 

[Aufisher]

Put me down for 16 hours of brush/poison oak removal

 

[2cmorau]

[h=2]§3836.14 What other requirements must geological, geochemical, or geophysical surveys meet to qualify as assessment work?[/h](a) Qualified experts must conduct the surveys and verify the results in a detailed report filed in the county or recording district office where the claim is recorded. A qualified expert is a geologist or mining engineer qualified by education and experience to conduct geological, geochemical, or geophysical surveys.
(b) You must record the report on the surveys with BLM and the local recording office, as provided in part 3835 of this chapter. This report must set forth fully the following:
(1) The location of the work performed in relation to the point of discovery and boundaries of the claim;
(2) The nature, extent, and cost of the work performed; Hired AUfisher Landscape specalist Poison Oak and Brush removel service, I'm so Allergic to the oak. so what was the Hourly rate again AUfisher LOL
(3) The basic findings of the surveys; and
(4) The name, address, and professional background of persons conducting the work and analyzing the data.
(c) You may not count these surveys as assessment work for more than 2 consecutive years or for more than a total of 5 years on any one mining claim.
(d) No survey may repeat any previous survey of the same claim and still qualify as assessment work.

 

[Goldwasher]

Wouldn't one thorough survey be enough anyway? and one of the requirements to perfect the claim.....I barely want to pay for one and it will cover the scope of the entire claim.....I do not plan on more than one geological survey....We have and will continue to put in enough road maintenance to qualify for years to come. Every wet season and the following growing season for the brush will keep us busy for at least a week each year. Well over 100 dollars in labor and fuel alone.

 

[goldenmojo]

I removed some of the poison oak from your claim when I brushed against it on the trail in and out and spent days scratching. Does that count?

 

[Goldwasher]

Well,.....let me know how many hours of itching and I will put it down....