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:
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:
- 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.
- 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
