U.S. DEPARTMENT OF THE INTERIORBUREAU OF LAND MANAGEMENT
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, DC 20240
February 18, 2011
In Reply Refer To:
3833/3860 (320) P
EMS TRANSMISSION 02/23/2011
Instruction Memorandum No. 2011-073
To: All State Directors
From: Assistant Director, Minerals and Realty Management
Subject: Procedures for Processing Duplicate Mining Claim or Site Maintenance Fee Payments
Program Area: Mining Law Adjudication.
Purpose: This Instruction Memorandum (IM) establishes new policy and outlines the proper procedures for processing duplicate maintenance fee payments under 30 U.S.C. § 28f. Additionally, this IM ensures processing consistency between Bureau of Land Management (BLM) state offices.
Policy/Action: The instructions in this IM supersede previous instructions in IM 2004-070, dated December 19, 2003, regarding the processing of duplicate annual maintenance fee payments. When multiple maintenance fee payments are received from more than one claimant for a mining claim or site for the same assessment year, mining law adjudicators will first determine which payment the BLM considers to have satisfied the statutory fee requirements, then process the payment determined to be the duplicate payment as follows:
Timeframe: This policy is effective immediately.
Budget Impact: None.
Background: IM 2004-070, issued December 19, 2003, previously outlined the procedures for processing duplicate maintenance fee payments. At that time, mining law adjudicators were instructed that when a duplicate payment was received, they were to contact all claimants associated with the mining claim or site to ask how the duplicate payment should be processed. This procedure created the possibility of putting the BLM office at risk of either becoming an unknowing party to an ongoing dispute between the claimants, or actually creating a situation that might cause a conflict between claimants. By asking all claimants how the overpayment should be processed, the BLM was giving a claimant other than the remitter the opportunity to instruct the BLM to return the remitter’s payment, possibly creating a conflict between the claimants. The instructions in this IM offer the remitter the opportunity to direct the overpayment according to the remitter’s preference and not the preference of a possible rival claimant.
Manual/Handbook Sections Affected: The policy contained in this IM will be incorporated into H-3830-1, Administration of Mining Claims.
Coordination: This IM was coordinated through the Solicitor’s Office and the Division of Solid Minerals (WO-320).
Contact: If you have any questions concerning this IM, please contact me at 202-208-4201, or your staff may contact Mitchell Leverette, Chief, Division of Solid Minerals, at 202-912-7113, email address Mitchell_Leverette@blm.gov, or Sonia Santillan at 202-912-7123, email address Sonia_Santillan@blm.gov.
Signed by: Authenticated by:
Michael Nedd Robert M. Williams
Assistant Director Division of IRM Governance,WO-560
Minerals and Realty Management
No action code exists in the Alaska Case Retrieval Enterprise System (ACRES) for multiple payments. Alaska has their own operating procedures pertaining to payments received through the Collections and Billings System (CBS) and will, therefore, not be required to follow the procedures outlined in this Instruction Memorandum. All maintenance fee payments are recorded in ACRES with the Financial Code 902 – Claim Maintenance Fee.
If the CBS technician does not immediately process the payment for deposit, the actual payment (e.g., personal check, money order, cashier’s check) can be returned with an explanation why it is not acceptable.
If the remittance is deposited, then the adjudicator will need to authorize a refund in CBS and inform the remitter why the payment is not acceptable and when to expect the refund..
|Last updated: 02-24-2011|
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