Annual Maintenance Requirements

Maintenance Fees

If you or any co-owners have an interest in more than 10 claims nationwide, your maintenance fee payment must be postmarked on or before September 1 every year. Claimants who file the annual maintenance fee must include a document listing the claim/site name(s) and BLM serial number(s) for which the fees are being paid. The fee is $140.00 per claim. If you pay by phone at 503-808-6008, FIRST either send a list of claims by fax to 503-808-6422 or by e-mail to BLM_OR_SO_Land_Office_Mail@blm.gov.

If you obtain a mining claim that is subject to a waiver, you must also qualify for the waiver to continue to apply the waiver to the mining claim you received in the transfer. If you do not qualify for the waiver, you must pay the annual maintenance fee by the September 1 following the date the transfer became effective under state law (i.e., $280 per claim).

Maintenance Fee Waiver Certification (Form 3830-2)

Postmarked on or before September 1, file a copy of Form 3830-2 with the BLM.

1. All owners must have an interest in 10 or fewer claims/sites in the U.S. on September 1st. [Note:  Related parties are the spouse and dependent children of the claimant as defined in section 152 of the Internal Revenue Code of 1986 (i.e., a husband and wife can only waive 10 claims together) and control includes actual control, legal control, or the power to exercise control (i.e., you cannot waive 10 claims and your corporation waive 10 claims).  Please see the regulations for further information.]
2. The waiver certification must include the claim/site name(s) and BLM serial number(s) that you wish to maintain.
3. The name, address, and original signature of all the owners must be listed. If an agent or power-of-attorney signs for an individual, include a notarized designation of agent signed by the claimant with the claimant’s current address.
4. Include the dates under statements 1 and 2. For example, a waiver filed September 1, 2011, would be filed for the assessment year beginning 2011 and ending 2012. You are attesting that you own or control 10 or fewer claims on September 1, 2011.
5. On or before December 30, you must file an affidavit of annual assessment work (proof of labor) or notice of intent to hold with the BLM State Office along with the $10 service fee per claim/site. If you do not include the fee, the document will be returned unrecorded.

Annual Assessment Work

To keep a possessory interest in the claim or site, the claimant 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. 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 offices and the proper BLM State Offices.

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.

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.

Performance of assessment work need not occur during the first assessment year of location. If you file a waiver document, you must file either a notice of intent to hold the claim or a proof of labor with the BLM by December 30 with a $10 service fee per claim/site.

Notice of Intent to Hold

A notice of intent to hold (NOI) a claim or site is a letter or a notice signed by the claimant(s) or their agent(s). It should include the BLM serial number(s) assigned to each claim/site(s), any change in mailing address of the
claimant(s), and a reason why assessment work is not required. It must be accompanied with a $10.00 filing fee per claim/site.

Changing from waiver to maintenance fee

If you (or the previous owner) filed a waiver this year and you decide to pay the maintenance fee the next year, you must also file a proof of labor on or before the December 30th after paying the fee.

Changing from maintenance fee to waiver

If you (or the previous owner) paid the maintenance fee in the previous year and decide to file a waiver the next year, you must also file either a notice of intent to hold or a proof of labor on or before the December 30th after filing the waiver.