U.S. DEPARTMENT OF THE INTERIORBUREAU OF LAND MANAGEMENT
|Annual Requirements for Mining Claims/Sites|
New Online Maintenance Fee Payment Portal!
The annual maintenance fee for mining claim(s)/site(s) on Federal land, beginning with the 2015 assessment year has increased to $155.
The final rule was published in the Federal Register (Vol. 79, No. 125) on Monday, June 30, 2014, a copy of the notice may be found at: Federal Register/Vol. 79, No. 125/Monday, June 30, 2014/Rules and Regulations, Page 36662-36665.
Maintenance Fees for Lode Claims or Mining Sites
The claimant must pay the $155 maintenance fee payment for each lode mining claim or site by September 1 before each assessment year.
The claimant may use the new form available titled Maintenance Fee Payment Form for Lode Claims, Mill Sites, and Tunnel Sites (Form 3830-5, June 2014), or provide a list of the claim/site name(s) and BLM serial number(s) for which the fees are being paid
Maintenance Fees for Placer Claims
All existing placer mining claims that contain more than 20 acres will pay the annual maintenance fee based on the total acreage in the claim as follows:
Key: <= means "less than or equal to"; > means "more than."
Claimants may use the new form available titled, Maintenance Fee Payment Form for Placer Mining Claims (Form 3830-5a, June 2014), or provide a list of the claim/site name(s) and BLM serial number(s) for which the fees are being paid.
Maintenance Fee Waiver Certification
To qualify for the small miner's waiver, all owners and related parties must have an interest in no more than 10 unpatented mining claims or sites nationwide, throughout the entire assessment year.
To apply for a small miner's waiver, the most current Maintenance Fee Waiver Certification (Form 3830-2) must be completed and filed with the BLM by September 1 before each assessment year you are applying for. There is no fee requirement.
The information required to be on a small miner's waiver is:
• The assessment year dates for which you are filing
A claimant may file separate small miner waivers for each claim if necessary.
When filing a small miner's Maintenance Fee Waiver Certification (Form 3830-2), you are required to file either an Affidavit of Assessment Work (Form 3830-004)or Notice of Intent to Hold with the BLM State Office along with the $10 processing fee per claim/site by December 30 of the calendar year in which the maintenance fee was waived.
Annual Assessment Work
If a small miner's waiver is filed, the claimant must perform a minimum amount of labor or make improvements worth $100 each year, and file an Affidavit of Assessment Work (Form 3830-004), with the BLM State Office along with the $10 per claim processing fee by December 30.
There is a new BLM form that may be used titled Affidavit of Assessment Work (Form 3830-004),or claimants may create an affidavit so long as it has the following required information on the document:
Since 1992, and according to State of Colorado law (C.R.S. 34-43-114), the claimant may pay the annual maintenance fee per claim or site in lieu of performing the annual assessment work.
Assessment work is work or labor performed in good faith that tends to develop the claim and directly helps in the extraction of minerals. Geological, geophysical, and geochemical surveys may qualify as assessment work for a limited period. However, a requirement for use of these surveys is the filing of a detailed report, including basic findings.
Performance of assessment work must be within a certain period referred to as the assessment year. The assessment year begins on September 1 and ends on September
Assessment work is not a requirement for owners of mill or tunnel sites. However, they must file a Notice of Intention to Hold (NOI) for the mining claim(s)/site(s) along with the processing fee of $10 per mining claim/site by December 30 with the BLM.
Performance of assessment work need not occur during the first assessment year of location as the initial maintenance fee is paid when the mining claim/site was located. However, for claims located between September 1 and December 31, and if the claimant is filing a waiver for the upcoming assessment year, the claimant must file a Notice of Intention to Hold (NOI) the claim with the BLM by December 30 of the following calendar year.
IMPORTANT REMINDER: For those claimants who filed a waiver last year, you must still file an Affidavit of Assessment Work on or before December 30th, regardless of whether you pay the $140 maintenance fee for the upcoming assessment year.
Notice of Intent to Hold
A Notice of Intention to Hold (NOI) the mining claim(s)/site(s) may be filed in the following circumstances:
There is not a BLM form available to use to file a Notice of Intention to Hold (NOI) the mining claim(s)/site(s). Claimants may use forms available through other states (forms may be changed to indicate state in which the claim is located) such as:
or create a form that meets the state and federal requirements. The NOI form must state:
The Notice of Intention to Hold (NOI) the mining claim(s)/site(s) along with a $10 per claim processing fee must be received in the BLM office by December 30 in the calendar year in which the assessment work requirement would have been due.
County Clerk & Recorder Filing Requirements
If you paid the Maintenance Fee in lieu of performing assessment work on the mining claim(s)/site(s), indicate this and the date of payment on the county filing.
The Colorado Revised Statues are available on-line at the Colorado General Assembly website.
FILING REQUIREMENTS ARE SUBJECT TO CHANGE!
As an owner of mining claims/sites you are responsible for keeping yourself informed of the changes in the filing requirements and the mining laws. Congress may pass legislation affecting filing requirements and the procedure may change.