Statutory Filing Deadlines Extended
Unitd States Department of the Interior
BUREAU OF LAND MANAGEMENT
Washington, D.C. 20240
https://www.blm.gov
May 31, 2018
In Reply Refer To:
3830(320) P
Instruction Memorandum No. 2018-067
Expires: 9/30/2019
To: All State Directors
From: Assistant Director, Minerals and Realty Management
Subject: Statutory Filing Deadlines Extended
Program Area: Mining Law Administration
Purpose: This Instruction Memorandum (IM) extends two filing deadlines that fall on days when the Bureau of Land Management (BLM) offices are officially closed.
Administrative or Mission Related: Mission Related. This instruction will guide BLM staff in accepting required filings for unpatented mining claims and sites.
Policy/Action: Pursuant to 43 CFR 1822.14, a document may be considered timely filed if the document is received in the proper BLM office on the next day it is officially open if the BLM office is officially closed on the due date. Because two filing deadlines fall on days when BLM offices are officially closed, we have extended the deadlines as follows:
- September 1, 2018, is the statutory deadline for paying the annual maintenance fee or filing the Maintenance Fee Waiver Certificate Form 3830-2 (fee waiver), for the 2019 assessment year. Since September 1, 2018, falls on a Saturday, and Monday, September 3, 2018, is a Federal holiday, the deadline to pay the annual maintenance fees or file the fee waiver is September 4, 2018. The BLM will consider maintenance fee or waiver documents or payments as timely if received on or before September 4, 2018, or if received in envelopes postmarked[1] on or before September 4, 2018 and received at the proper BLM office within 15 calendar days of September 4, 2018.
- December 30, 2018, is the statutory deadline for filing the affidavit of annual assessment work or notice of intent to hold in accordance with the Federal Land Policy and Management Act of 1976 (FLPMA). Since December 30, 2018 falls on a Sunday, the deadline to file these FLPMA documents is December 31, 2018. The BLM will consider FLPMA documents as timely if received on or before December 31, 2018, or if received in envelopes postmarked on or before December 31, 2018 and received at the proper BLM office within 15 calendar days of December 31, 2018.
Timeframe: This policy is effective immediately upon issuance of this IM.
Budget Impact: None.
Background: In accordance with 43 CFR 1822.14, a document may be considered timely filed if the document is received in the proper BLM office on the next day it is officially open if the BLM office is officially closed on the due date. The statutory deadline for paying annual maintenance fees or filing a fee waiver is September 1 each year, and the statutory deadline for filing FLPMA documents is December 30 each year. These dates fall on a Saturday and Sunday, respectively, days on which the BLM offices are officially closed for business. Therefore, the BLM will still consider annual maintenance fee payments or fee waivers for the 2019 assessment year timely if received on or before Tuesday, September 4, 2018, or if received in envelope postmarked on or before Tuesday, September 4, 2018. The BLM will also consider FLPMA documents for the 2018 assessment year timely if received on or before Monday, December 31, 2018, or if received in envelope postmarked on or before Monday, December 31, 2018, and received in the proper BLM office within 15 calendar days of December 31, 2018.
Manual/ Handbook Sections Affected: None.
Coordination: The Division of Solid Minerals (WO-320) coordinated preparation of this IM through the Solicitor’s Office.
Contact: If you have any questions concerning this IM, please contact me at 202-208-4201, or your staff may contact Alfred Elser, Acting Chief, Division of Solid Minerals, at 202-912-7114, email address aelser@blm.gov, or Elaine Guenaga, Mineral Leasing Specialist at 202-912-7345, email address eguenaga@blm.gov.
Signed by:
Timothy R. Spisak
Acting Assistant Director
Energy, Minerals and Realty Management
Authenticated by:
Catherine Emmett
WO-870, IT Policy and Planning
[1] All postmark requirements must be met in accordance with 43 CFR 3830.5, which defines when a document is considered filed.