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Annual Mining Claims Filings

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As she does every year Ruby has prepared a flow chart and list of guidelines to make your annual mining claims filings easier.

 

Remember your annual BLM Assessment or Waiver Certification filing is due by August 30 in the BLM State office. If you miss the deadline your claim will be declared abandoned. ohmy.png

 

Follow the Flow Chart pdf to see what actions you need to take and check the Guidelines pdf to get the list of State offices and answers to your questions.

 

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2015mcf.pdf

 

 

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2015mcfilings.pdf

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Thank you Clay and Ruby. The flow chart is great. Your work is much appreciated!

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For some reason, here in Siskiyou county, CA, we need to record assessment papers by Sept. 30???. Not Dec 30.

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For some reason, here in Siskiyou county, CA, we need to record assessment papers by Sept. 30???. Not Dec 30.

 

Each State sets it's own County Recording deadlines. Here in Arizona it's the 30th of December just like the Federal deadline but in California I think it's 30 days after the Federal assessment deadline. Some states allow 90 days.

 

From the Arizona laws on mining claim records:

27-208. Affidavit of performance of annual work; fees

A. Before December 31 of any year in which the performance of annual labor or making improvements upon a mining claim is required, the person on whose behalf such work or improvement was made, or some person for him, knowing the facts, may make and record in the office of the county recorder of the county in which the claim is located an affidavit in substance as follows:...

 

From the California laws on mining claim records:

CALIFORNIA PUBLIC RESOURCES CODE

SECTION 3913.

(a) Whenever labor is performed, improvements are made, or a

maintenance fee is paid as required by law upon any mining claim, the

person on whose behalf the labor was performed, improvements made,

or a maintenance fee was paid, or someone in his or her behalf,

shall, within 30 days after the time required by law for performing

the labor, making the improvements, or paying the maintenance fee,

make and have recorded by the county recorder, in the county in which

the mining claim is situated, an affidavit setting forth all of the

following:...

 

Since the Federal deadline for Maintenance Fees or Assessment work is August 31 I'm guessing that would make California's deadline for a notice of intent to hold or work affidavit County recording September 30th?

 

Every claimant will have to determine the deadline for County Recordings themselves. The County Recordings deadlines will be different in some States, the chart only has absolute dates for Federal deadlines. Since the standard for public records of mining claim documents is substantial compliance which revolves around intent an unintentional late public recording is not a fatal flaw. You can't lose your already existing claim due to a late annual County Recording but you can and will lose your claim for a late annual Federal filing.

 

Hope that helps clear up some of the muddy waters?

 

Barry

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You are welcome Dick, nugget108 and Chris.

 

As you can imagine this is a very busy time of year for us but we feel it's important to share this information to help others through the federal filing process.

 

Your thanks are appreciated. :D

 

Barry

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