Maintenance of a Mining Claim Or Site

Since October 5, 1992 Public Laws 102-381 and 103-66) only claimants having a legal interest in 10 or fewer mining claims Nationwide and who also meet certain other requirements, may preform assessment work and file evidence of the assessment as described below. All other claimants must pay an annual fee of $100 per claim or site to the BLM. All claimants must either pay the required fees or file for a waiver from payment of fees by each August 31 through and including August, 1998. Failure to file by August requires BLM to declare the claim or site null and void by operation of law. Mineral patent applicants who have been issued the first half of their mineral entry final certificate are exempt from payment of fees or performance of assessment work. See 43 CFR 3833.1-5 through 3833.1-7 for the terms and conditions of payment of the fees or the obtainment of a waiver from such payment.

Annual Assessment Work

To keep a possessory interest in the claim or site, the claimant with 10 or fewer claims must perform a minimum amount of labor or make improvements worth $100 each year. 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 geo-chemical 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. Most State laws require the annual filing of an affidavit of assessment work with the proper county. Also, FLPMA requires the filing of an affidavit of annual assessment work with both the local county office and the proper BLM STATE OFFICE.

Assessment work is not a requirement for owners of mill or tunnel sites. However, they must file a notice of intention to hold the site(s) with the BLM. For mill sites and tunnel sites, filing with the county is not required.

Performance of assessment work must be within a certain period referred to as the assessment year. The assessment year begins at noon, September 1. It ends at noon, September 1, of the next year (see 43 CFR 3833.0 5[n]). Performance of assessment work need not occur during the first assessment year of location. However, for claims located between September 1 and December 3 1, the claimant must file a notice of intention to hold the claim with the BLM by December 30 of the following calendar year. The claimant must file either (1) a notice of intention to hold or (2) evidence of annual assessment work in the proper BLM State Office on or before December 30 of the calendar year following the calendar year of the location of the claim, mill site, or tunnel site.

There is no requirement for filing evidence of assessment work or a notice of intention to hold a claim upon issuance of the first half mineral entry final certificate for a mineral patent. However, these requirements are reinstated upon cancellation of the final certificate by the BLM or upon withdrawal of the application by the claimant.

A notice of intention to bold a claim or site is a letter or notice signed by the claimant(s) or their agent(s). It should include the BLM serial number assigned to each claim or site and any change in mailing address of the claimant(s). If used to notify the county and the BLM of an approved or pending petition for deferment of annual assessment work, it must include a reference to the decision on file with the BLM (by date granted and serial number) or the pending petition (by date of filing and serial number).

The BLM may grant a temporary deferment of assessment work under certain conditions (see 43 CFR 3852. 1). These conditions concern denial of legal access to a mining claim or other legal impediments. The claimant must, therefore, initiate actions to gain access. Such a deferment may not exceed one year, but may be renewed for an additional year upon request. There is no particular form for a petition for deferment of assessment work. The petition can be a letter to the BLM signed by at least one of the owners of the claim. It must fully explain the actions taken to initiate access and the legal obstacles preventing access. A copy of the notice to the public recorded with the county must accompany the petition. The petition should include the BLM mining claim serial number(s) and the assessment year to be deferred.

County: Each State has its own deadline for filing an affidavit of assessment work. Most States require filing within 30 to 90 days after the end of the assessment year (September 1). Therefore, it is important to check the State requirements for filing periods in the State in which the claim(s) is located.

BLM: Claimants must file with the BLM an identical copy of any of the above-mentioned documents filed with the county. Even if a State does not have a filing requirement, claimants must still file with the BLM. The deadline for filing with the BLM is December 30 (not December 31) of each calendar year following the calendar year of location. A nonrefundable $5 service charge for each claim and site must accompany the affidavit or notice. A nonrefundable $25 service charge must accompany a petition for deferment of assessment work.

The BLM considers a claim or site abandoned and void if the claimant fails to file these documents within the prescribed period. A determination of abandonment by the BLM voids the claim or site.THE APPROPRIATE BLM STATE OFFICE IS THE ONLY OFFICIAL FILING OFFICE FOR THE FEDERAL GOVERNMENT, except for the BLM Fairbanks Support Center in Alaska, which is an acceptable filing office (see Figure 3). See Figure 4 for filing" fees.

You are encouraged to provide comments on the design and utility of these site materials. In the future a questionnaire will be included to solicit your comments, including need for specific types of additional information.