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Annual 2012 Mining Claims Filings

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With the new fees on mining claims there has been some confusion about just how this will affect claimholders. Ruby put together this explanation and chart to help our fellow prospectors understand their options.

 

This doesn't cover every situation but if you have a specific question not covered here feel free to ask.

You can download a printable .PDF file with this information at THIS LINK.

 

 

General Guidelines

for Your Annual 2012 Mining Claims Filings

by Ruby Miner

 

 

WHO

Anyone who has any ACTIVE lode claims, placer claims, mill sites or tunnel sites on file with

the BLM who wants to keep those claims after September 1, 2012.

 

WHAT and WHEN

You may be required to file one or more of these documents.

Small Miners Waiver

Annual Maintenance Fee

Affidavit of Assessment Work

Intention to Hold

 

 

Small Miners

If you and ALL persons on ALL of your association claims hold 10 or fewer mining claims, you

may file a Small Miners Waiver and waive the 2013 Annual Maintenance Fee. This must be

done on or before September 1st. You must also record an Affidavit of Assessment Work

into the County Recorder's office in the county where the claim is located AND file a copy with

the BLM on or before December 30, 2012

 

If you have Mill Sites and/or Tunnel Sites they do not require assessment work. You will need

to record an Intention to Hold with the appropriate County Recorder AND file a copy with

the BLM on or before December 30, 2012.

 

Other Miners

All other claim holders must pay an Annual Maintenance Fee with the BLM of $140 for each

Lode Claim, Mill Site and Tunnel Site. For each Placer Claim you must pay $140 for each 20

acres and portion thereof. For example; a placer claim that is the size of a standard lode claim

(600 ft x 1500 ft) is 20.66 acres and will require a payment of $280.

 

If you are paying an Annual Maintenance Fee you are required by law to record an Intention

to Hold at the County Recorder's office on your existing claims each year. The BLM can not

declare your claims as "abandoned" for failure to make this public filing but it is a good idea to

do so.

 

Follow the attached chart to determine what you need to file and to determine how much it will

cost you.

 

 

WHERE

BLM

Documents that are required to be filed with the BLM need to be filed at the appropriate State

BLM office not your BLM Field Office.

 

Alaska BLM Office

Arizona BLM Office

California BLM Office

Colorado BLM Office

Idaho BLM Office

Montana BLM Office – Montana, North Dakota, South Dakota

Nevada BLM Office

New Mexico BLM Office – New Mexico, Oklahoma, Texas & Kansas

Utah BLM Office

Wyoming BLM Office

Eastern States BLM Office

 

County Recorder

Documents that are required to be recorded with the county need to be recorded at the

County Recorder's office(s) in the county where your claim(s) is located.

 

Links to County Recorders

 

Please remember that these are General Guidelines only. I encourage all miners to study the

appropriate mining laws for a full understanding of the filing requirements.

 

Another MinerDiggins Adventure

All Rights Reserved

Right to reproduce granted provided text is unmodified and attribution is included.

 

MinersFilings96.jpg

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You are all welcome. Hopefully this will help take some of the confusion out of the new filing requirements.

 

You really should thank Ruby though. Like most of the good stuff that comes out of MinerDiggins this one was Ruby's effort. :D

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We have had several questions come up about the Small Miners Exemption process and filing.

 

The most common questions relate to the time frame for filing and the end of year filing deadline.

 

First of all please keep in mind that the flow chart that is at the beginning of this thread is simplified and does not cover every persons situation. You can consider this post in addition to and a further explanation to that chart.

 

The BLM sites can be misleading about how to make your first SME filing. All but the Nevada BLM site do not correctly address your first year of transitioning from the Fee Waiver to the SME. The California BLM site is not only misleading in this regard but they apply the process of subsequent years to your first year filing - dangerously wrong.

 

To put this as simply as I know how:

___________________________________________________________________________

 

Your 2012 $140 Maintenance Fee filing was made by September 1, 2011 and expires on September 1, 2012.

___________________________________________________________________________

 

To waive your Maintenance Fees for 2013 you must file a Small Miners Waiver before September 1, 2012.

 

Then...

___________________________________________________________________________

 

By December 30 2012:

 

(1) Record an Notice of intent to Hold with the County Recorder in which your claims are located.

 

(2) File a Notice of Intent to Hold with the BLM State Office - BLM processing fee is $10 per claim/site.

 

In addition to the standard NOI you need to include in the record and filing the fact that you will be working under the Small Miners Exemption during the 2013 assessment year.

 

Then...

___________________________________________________________________________

 

By September 1 2013:

 

(1) Complete your assessment work for the 2013 assessment year.

 

(2) File a small miners waiver or pay your 2014 Maintenance fees.

 

Then...

___________________________________________________________________________

 

By December 30 2013:

 

(1) Record an Affidavit of Assessment Work with the County Recorder in which your claims are located.

 

(2) File a Proof of Labor/Affidavit of Assessment Work with the BLM State Office - BLM processing fee is $10 per claim/site.

__________________________________________________________________

 

This still doesn't cover every situation but it should clear up some common misunderstandings about converting to a Small Miners Waiver.

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So I paid $140 before Sept 1 2011 (last year). Now to avoid fees, I can File SMW with BLM before Sept 1 2012. Then NOI to Hold with Affadavit of Assessment Work to County Recorder, then BLM before Dec 30 2012.

 

Is that correct? Seems like something should go to County Recorder before Sept 1 2012???

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So I paid $140 before Sept 1 2011 (last year). Now to avoid fees, I can File SMW with BLM before Sept 1 2012. Then NOI to Hold with Affadavit of Assessment Work to County Recorder, then BLM before Dec 30 2012.

 

Is that correct? Seems like something should go to County Recorder before Sept 1 2012???

 

You need to record a Notice of Intent to Hold with the County Recorder before December 30th 2012.

Then file a copy of that NOI with the BLM State Office by the same date.

The Notice should state that you are working under a Small Miner's Exemption.

 

You will not be recording the affidavit of work with the County Recorder's until you have actually performed the work for your 2013 assessment year.

 

As a filing is required each year in the BLM and County Recorder's you need only record and file your Notice of Intent to Hold during the 2012 Calendar year once you have applied for your Small Miner's waiver before September 1st 2012 with the BLM.

_______________________________________________

To break it down for 2012 you will need to:

 

File a Small Miners Waiver with the BLM before September 1, 2012. No cost.

 

Record a Notice of Intent to Hold including a statement that you are working under a small miners exemption before December 30th, 2012.

File a copy of the above County Recording of your Notice of Intent to Hold with the BLM before December 30th, 2012. Cost = $10 per claim.

_______________________________________________

 

There is no requirement to file anything with the County Recorder's before September 1st 2012.

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Well I think I now understand the process. It is different than what I have heard from others. What you say makes sense. The way the "others" have put it, one would pay $140 before Sept 1 2011 to cover 2012, then if switching to SMW they would do all the assessment work in 2012 and file the proof before Dec 30 2012. Which now doesnt make sense. It is complicated, but I am trying to get my head around it.

 

One way to think of it is that I will let them know i am doing the SMW before Sept 1 2012, then file a NOI to Hold before Dec 30 2012, then show that I did assessment work IN 2013.

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Well I think I now understand the process. It is different than what I have heard from others. What you say makes sense. The way the "others" have put it, one would pay $140 before Sept 1 2011 to cover 2012, then if switching to SMW they would do all the assessment work in 2012 and file the proof before Dec 30 2012. Which now doesnt make sense. It is complicated, but I am trying to get my head around it.

 

One way to think of it is that I will let them know i am doing the SMW before Sept 1 2012, then file a NOI to Hold before Dec 30 2012, then show that I did assessment work IN 2013.

 

Exactly right boondocker. :D

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