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BLM>Colorado>Programs>Minerals>Mining Claims and Sites>Annual Maintenance of a Mining Claim
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Annual Requirements for Mining Claims/Sites

Annual Requirements

Maintenance of a Mining Claim/Site

BE ALERT!
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.

There is now a webpage for mining claimants in Colorado where important information will be posted involving the mining laws.  The page is titled Current Announcements.  Please check back often as we will keep the page current to improve customer service to Colorado mining claimants.  

Where to File? 
All payments and filing requirements must be made to:

Bureau of Land Management
Colorado State Office
2850 Youngfield Street
Lakewood, CO 80215-7076


New Online Maintenance Fee Payment Portal!

Mining Claimants can now pay their annual maintenance fees online at:

https://www.blm.gov/payportal/home.html


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: 

Acreage in the Claim
Maintenance Fee
 Payment Due
<= 20 acres
$155.00 
> 20 acres and < = 40 acres
$310.00 
> 40 acres and < = 60 acres
$465.00 
> 60 acres and < = 80 acres
$620.00 
> 80 acres and < = 100 acres
$775.00 
> 100 acres and < = 120 acres
$930.00
> 120 acres and < = 140 acres
$1,085.00   
> 140 acres and < = 160 acres
$1,240.00  

                   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
• The claim name(s) and BLM serial number(s)
• All owner(s) must be listed on the form including their current address(s)
• Original signature of each owner or designated agent for each owner(s) name listed

A claimant may file separate small miner waivers for each claim if necessary.

 

Notice:   If you currently hold mining claims under a waiver and you purchase, inherit, or otherwise obtain mining claims or sites that are subject to a waiver:

  1. All claimants and related parties must only hold interest in 10 or fewer claims/sites nationwide throughout the entire assessment year to continue to hold any of the claims under a small miner waiver.
  2. You must also qualify for the waiver in order for BLM to continue to apply the waiver to the claims/sites you have received in a transfer.
  3. If you or related parties on the claim/site do not qualify for the waiver, the annual maintenance fee for the current assessment year must be paid by the September 1 for all claims held by a waiver, following the date the transfer became effective under state law.  This would be in addition to the maintenance fee payment that is due by September 1 for the upcoming year.

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 Annual Assessment Work (Form 3830-004), or claimants may create an affidavit so long as it has the following required information on the document:

  • The statement "the undersigned have performed $100 worth of assessment work as required by law (30 U.S.C. 28) for each mining claim listed".
  • Claimant name and current address
  • Claim name(s) and BLM serial number(s)
  • Date range in which the work was performed

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
1 of the next year.

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:

  • The BLM has issued a decision granting a deferment of assessment work
  • It is the first year you have located your claim, and a small miner waiver has been filed for the upcoming year (assessment work is not required the first year of location)
  • A small miner waiver has been filed on a tunnel or mill site claim (assessment work is not required on mining sites)
  • The maintenance fee has been paid for the current year, and a small miner waiver is being filed for the upcoming assessment year (switching from paying maintenance fee to filing as a small miner)

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 from other states or create a form that meets the state and federal requirements. The NOI form must state:

  • BLM serial number(s) and claim name(s)
  • Change in mailing address of the claimant(s)
  • Statement as to why assessment work is not required
  • Signature of claimant(s) or their designated agent(s)

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

In addition to filing with the BLM, you must file your Affidavit of Assessment Work ( Form 3830-004 )or Notice of Intent to Hold with the county recorder's office ( C.R.S. 34-43-114 ). 

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.  

BE ALERT!

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.


Additional Information:

New Maintenance Fee Requirements for Placer Mining Claims

BLM Electronic Forms (eForms)

State of Arizona, Mining Claim Forms

Colorado Division of Reclamation Mining & Safety (CDRMS)

Colorado County Election Offices Contacts (Clerks and Recorders)