Annual Maintenance Requirements
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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), the BLM serial number(s) for which the fees are being paid, and the amount paid for each claim. The fee for lode claims or mill sites or tunnel sties is $140 per claim. The fee for placer claims is $140 for every 20 acres, or portion thereof. For example, a 60 acre claim is $420, a 70 acre claim is $560. If you pay by phone at 503-808-6008, send a list of claims by fax to 503-808-6422 with your signature. Do not phone in a payment unless you have submitted a list of claims showing how much is paid for each claim.
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.
- Maintenance Fee Payment Form for Lode Claims, Mill Sites, and Tunnel Sites (PDF)
- Maintenance Fee Payment Form for Placer Mining Claims (PDF)
Maintenance Fee Waiver Certification (Form 3830-2)
Postmarked on or before September 1, file a copy of Form 3830-2 (PDF) with the BLM.
- 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.]
- The waiver certification must include the claim/site name(s) and BLM serial number(s) that you wish to maintain.
- 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.
- Include the dates under statements 1 and 2. For example, a waiver filed September 1, 2012, would be filed for the assessment year beginning 2012 and ending 2013. You are attesting that you own or control 10 or fewer claims on September 1, 2012, and will continue to own 10 or fewer claims during the assessment year. If you or any co-claimants locate new claims and go over the 10 claim count, your waiver will no longer apply and you will have to pay the maintenance fee.
- 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.
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 a notice of intent to hold the claim with the BLM by December 30 with a $10 service fee per claim/site.
You may use the optional assessment form 3809-4 or you may purchase a form from a local stationary store or online. Be sure to check with the county regarding State requirements for forms.
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 file a notice of intent to hold on or before the December 30th after filing the waiver.