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 --ATTENTION MINERS--
MINING LAW REQUIREMENTS ON FEDERAL LANDS
LOCATING NEW CLAIMS AND SITES 

New Location Notices/Certificates must be filed with the BLM Utah State Office, 440 West 200 South, Suite 500, Salt Lake City, Utah 84101 within 90 days from the date of location. In Utah, you must record with the County Recorder within 30 days from the date of location. Notice must include township, range, section, and quarter section in which the claim is located, location date, type of location, claim name, claimant(s) name and address. Also, submit a map showing the boundary of the claim within a section.  One map may be submitted for two or more claims so long as they are clearly identified.

NOL recordation fee:

$189 per claim/site fee is required at the time of recordation with BLM. This fee covers--$15 nonrefundable processing fee, $34 location fee, and the $140 maintenance fee for the assessment year in which the claim/site is located.  See below for placer claims.

EFFECTIVE OCTOBER 1, 2013 (RECORDATION DATE), the NOL recordation fee is increased to $194 due to the increased processing fee (from $15 to $20). 

A Waiver certification cannot be submitted in lieu of the maintenance fee when recording new notices. If the proper fees are not paid, the notice will be returned without making it part of the record.

LOCATION DATE: Date discovery monument erected and location notice posted on ground.

 


NEW UPDATE TO REGULATIONS - INCREASED MAINTENANCE FEES FOR PLACER CLAIMS: 

Subpart D—BLM Service Charge and Fee Requirements    

See:   http://www.gpo.gov/fdsys/pkg/FR-2012-07-27/pdf/2012-18352.pdf

§ 3830.21 What are the different types of service charges and fees?

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Transaction                                         Amount due per mining claim or site             Waiver available

(a) Recording a mining claim             A total sum which includes:                                     No. 
      or site location (part 3833)             (1) The processing fee for notices of 
                                                                   location found in the fee schedule in 
                                                                   § 3000.12 of this chapter;      
                                                             (2) A one-time $34 location fee; and
                                                             (3)(i) For lode claims, mill sites and tunnel 
                                                                      sites, an initial $140 maintenance fee; or 
                                                                 (ii) For placer claims, an initial $140 
                                                                      maintenance fee for each 20 acres of 
                                                                      the placer claim or portion thereof.

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(d) Maintaining a mining claim           (1) For lode claims, mill sites and tunnel            Yes. See part 3835.
 or site for one assessment year            sites, an annual maintenance fee of $140  
 (part 3834).                                           must be paid on or before September 1 
                                                               each year. 
                                                          (2) For placer claims, a $140 annual 
                                                               maintenance fee for each 20 acres of the 
                                                               placer claim or portion thereof must be 
                                                               paid on or before September 1 each year.

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ASSESSMENT YEAR:  Begins at 12:01 am September 1 through 12:01 am September 1 (PL 110-161).

If the claim/site is located before September 1 and near the end of the assessment year, you must pay the notice of location recordation fees plus an additional $140 maintenance fee to cover the upcoming assessment year. If the notices are recorded before September 1 and you qualify for the waiver, you may submit a waiver certification rather than pay the $140 for the upcoming assessment year.

If you fail to file the location notice/certificate or pay the fees within the 90-day filing period, the new locations will be forfeited by operation of law.

See NEW REGULATIONS for locating claims on land covered by Stock Raising Homestead Act patent or if disposal of the minerals are authorized under this Act. A "Notice of Intent to Locate" must be filed prior to locating a claim. BLM Service Charge is $30.

MAINTAINING CLAIMS AND SITES

BLM REQUIREMENT: Either a $140 Maintenance Fee or a Small Miners Waiver Certification (Form 3830-2) must be filed on or before each September 1 and is filed in advance for the upcoming year.

Notice to Claimants with Placer Claims

 

In the Department of the Interior's annual appropriations act for Fiscal Year 2012, Congress changed the way that maintenance fees for placer mining claims are assessed.  Instead of charging the maintenance fee on a per-claim basis, Congress stated that the fee (currently $140) should be assessed on each 20-acre parcel of a placer claim or portion thereof.  The BLM is currently working on regulations to implement this change in the maintenance fee statute for new and existing placer claims.  Until these regulations are published, the BLM would prefer that you do not voluntarily send in initial or annual maintenance fee payments at the adjusted rate.   If these regulations are published before September 1, 2012, the BLM will notify holders of placer mining claims who timely filed their maintenance fees for the 2013 assessment year and give them an opportunity to pay the adjusted fees or relinquish the acreage in excess of 20 acres.  Please note that in order to be given the opportunity to cure, you must timely pay the maintenance fees for your placer mining claims for the 2013 assessment year.

 

 

You must file a proof of labor or a document stating you paid the $140 maintenance fee to the BLM within 30 days after the end of the assessment with the proper County Recorder's Office. If the proof of labor is not required (usually the year of location), a notice of intent to hold must be recorded.

CLAIMANTS WHO FILE THE MAINTENANCE FEE MUST: Include a document listing the claim/site names and BLM serial numbers for which the fees are being paid.

CLAIMANTS WHO FILE THE WAIVER CERTIFICATION MUST:

 

  1. Complete the assessment work for the current assessment year prior to September 1, (example: Work completed for 1996 assessment year and seeking waiver for 1997).
  2. Have an interest in 10 or less claims/sites in the U.S. on September 1 (all owners).
  3. Exceeding the limit, you must file a relinquishment or transfer ownership on or before September 1, for those claims that are over the 10-claim limit.
  4. Include the name, address, and signature of all owners on the waiver.
  5. List claim names and serial numbers that you wish to maintain on the waiver.
  6. On or before December 30, file a Proof of Labor or Notice of Intention to Hold with the BLM Utah State Office. BLM processing fee is $10 per claim/site.

FOR ADDITIONAL WAIVER OPTIONS SEE REGULATIONS FOUND IN 43 CFR 3835.11.

BLM Requirement: CHANGE OF ADDRESS--List claim names and BLM serial numbers. Note address change on annual filing.

BLM/State of Utah Requirement: AMENDED NOTICE--If a correction is required on the original location notice, an amended notice should be filed with the BLM/County Recorder. BLM processing fee is $10 per claim/site.

Amended NOLs must be recorded at the proper county recorder's office prior to recordation with the BLM (Regulation 43 CFR 3833.22).  You must record amended NOLs with the BLM within 90 days after you record the amended NOL in the local/county recording office.  BLM will not recognize any amendment to your mining claim until you file it properly.

BLM/State of Utah Requirement: TRANSFER OF INTEREST--If there is a change of name/ownership, the transfer document must be filed with the BLM/County Recorder. Each transferee (person receiving the interest in the claim/site) must pay the processing fee of $10 per claim/site per document when recording with BLM.

PRIOR TO OPERATION--Contact the BLM Field Office, Utah Division of Oil, Gas, & Mining, and/or Forest Service Office having jurisdiction over the land in which your claim/site is located. Please check with the appropriate office on what type of work you are allowed to do and what steps are required, such as casual work, notice or plan of operations, and bond requirements.

Notices to Claimants