Claim with missed maintenance fee / waiver

OwenT

Hero Member
Feb 11, 2015
557
831
Moses Lake WA & Provo UT
Primary Interest:
Prospecting
There's a claim I've had my eye on for a little while. I noticed that no maintenance fee was paid nor small miner waiver requested this year. At least that's what it shows on the current MLRS report. I just want to make sure I'm not missing something before I go try to file for it myself. I've read there is like a 30 day grace period after missing 9/1 to pay again or something so I'd at least wait until October. I know the BLM is slow to update the status from active to closed, but are records of paid fees and waivers updated more quickly?

I have talked with the individual who owned the claim about it before on friendly terms. It was about 2 years ago and he kind of offered to sell it to me, but it was too much for me. He also has 2 other claims in the area that both show the fees as paid this year, which makes it seem like he didn't just forget to pay this year. I am trying to decide how to go about this. Since I've talked to him before, albeit briefly, I feel like just quietly picking up the claim, while legal, is a little underhanded. If I ask him about it, I may risk losing my chance at getting the claim, but on the other hand, he may tell me he let it go intentionally and I'm welcome to it.
 
Upvote 1

Goldwasher

Gold Member
May 26, 2009
5,998
12,998
Sailor Flat, Ca.
🥇 Banner finds
1
Detector(s) used
SDC2300, Gold Bug 2 Burlap, fish oil, .35 gallons of water per minute.
Primary Interest:
All Treasure Hunting
After reading the CFR, looks like you're right. In the section about plans of operations and the casual use definition, it only distinguishes between "hand tools" and mechanized earth-moving equipment as well as truck-mounted equipment. The question then is just whether or not my disturbance is negligible.

The BLM geologist also told me in order to sell any of the material I mine, I would need a plan of operations, however, I can't find anything in the law to back that up.
the only thing you need to be able to sell locatable minerals from the mineral estate is a mining claim.

you have that already:icon_thumleft:
 

KevinInColorado

Gold Member
Jan 9, 2012
7,015
11,273
Summit County, Colorado
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Grizzly Goldtrap Explorer & Motherlode, Gold Cube with Banker on top, Angus Mackirk Expedition, Gold-n-Sand Xtream Hand pump
Primary Interest:
Prospecting
A POO needed to sell material? Sounds absurd, I’ve never herd that before. Anyone “sampling” on their valid claim can sell from what I’ve been told. I certainly do And I don’t have a POO.

PS And yes, I pay taxes on my mining earnings. Revenue was about $1,200 this year so not a big deal but I’m just sampling the claim at this point.
 

Vance in AK

Sr. Member
Feb 15, 2010
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Kenai, Alaska
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And since you pay taxes on what you sell you can take deductions for what you invest like tools & fuel correct Kevin?
 

Goldwasher

Gold Member
May 26, 2009
5,998
12,998
Sailor Flat, Ca.
🥇 Banner finds
1
Detector(s) used
SDC2300, Gold Bug 2 Burlap, fish oil, .35 gallons of water per minute.
Primary Interest:
All Treasure Hunting
And since you pay taxes on what you sell you can take deductions for what you invest like tools & fuel correct Kevin?
if you don't show a profit it is a hobby.. its pretty easy to just lump sells of gold in with your overall income and just be done with it. takes a lot of dirt running and equipment to justify deductions...and at that point you would do it as a seperate BIZ.. Basing your tax payment on the "revenue" doesn't make sense.
 

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