43 CFR Part 3834

§ 3833.32

43 CFR Ch. II (10–1–15 Edition)

Subpart D—Defective Filings

§ 3833.32 How do I transfer a mining
claim or site?
(a) State law governs transferring
mining claims or sites. A transfer is effective in the manner and on the date
provided by state law, not the date you
file it with BLM.
(b) You must file in the BLM State
Office a notice of the transfer that includes:
(1) The name and, if available, the serial number BLM assigned to the claim
or site when the notice or certificate of
location was originally recorded (the
person who transferred you ownership
or legal interest should have this number);
(2) Your name and current mailing
address; and
(3) A copy of the legal instrument or
document that you used to transfer the
interest in the claim or site under
state law.
(c) For each mining claim or site
transferred, each transferee must pay
the full processing fee specified in the
table of service charges and fees in
§ 3830.21 of this chapter.
(d) BLM will notify the claimant of
record with BLM of any action it takes
regarding a mining claim or site. If
BLM is required by law to give a claimant notice of any new legal requirements, BLM has properly given notice
by sending the notice to the claimant
of record with BLM.
[68 FR 61071, Oct. 24, 2003, as amended at 70
FR 58879, Oct. 7, 2005]

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§ 3833.33 How may I transfer, sell, or
otherwise convey an association
placer mining claim?
You may transfer, sell, or otherwise
convey an association placer mining
claim at any time to an equal or greater number of mining claimants. If you
want to transfer an association placer
claim to an individual or an association that is smaller in number than the
association that located the claim,
you—
(a) Must have discovered a valuable
mineral deposit before the transfer; or
(b) Upon notice from BLM, you must
reduce the acreage of the claim, if necessary, so that you meet the 20-acre
per locator limit.

§ 3833.90 Defects in recordings or filings for mining claims and sites.
§ 3833.91 What defects cannot be cured
under this part?
Defects or other problems that cannot be cured and therefore result in
forfeiture of your mining claims or
sites are:
(a) Failing to record a mining claim
or site within 90 days after you locate
it;
(b) Failing to pay the location fee or
initial maintenance fee within 90 days
after you locate it; and
(c) Locating a mining claim or site
on lands withdrawn from mineral entry
at the time you locate it.
§ 3833.92 What happens if I do not file
a transfer of interest?
Even if you record your transfer or
amendment with the local recording
office, BLM will not recognize the interest you acquire, or send you notice
of any BLM action, decision, or contest, regarding the mining claim or site
until you file the transfer with BLM
(see § 1810.2 of this chapter). The Department will treat the last owner of
record as the responsible party for
maintaining the mining claim or site
until you file a transfer notice. You
cannot claim that BLM failed to give
you notice of any BLM action, decision, or contest regarding a mining
claim or site if you failed to file a
transfer notice showing that you have
an interest in the mining claim or site,
before BLM took the action, made the
decision, or issued a contest complaint.

PART 3834—REQUIRED FEES FOR
MINING CLAIMS OR SITES
Subpart A—Fee Payment
Sec.
3834.10 Paying maintenance, location, and
oil shale fees.
3834.11 Which fees must I pay to maintain a
mining claim or site and when do I pay
them?
3834.12 How will BLM know for which mining claims or sites I am paying the fees?
3834.13 Will BLM prorate annual maintenance or oil shale fees?
3834.14 May I obtain a waiver from these
fees?

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Bureau of Land Management, Interior

§ 3834.22

Subpart B—Fee Adjustment
3834.20 Adjusting location and maintenance
fees.
3834.21 How will BLM adjust the location
and maintenance fees?
3834.22 How will I know that BLM has adjusted location and maintenance fees?
3834.23 When do I start paying the adjusted
fees?
AUTHORITY: 43 U.S.C. 1201, 1740; 30 U.S.C.
28f; 115 Stat 414; 30 U.S.C. 242.
SOURCE: 68 FR 61073, Oct. 24, 2003, unless
otherwise noted.

Subpart A—Fee Payment

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§ 3834.10 Paying maintenance,
tion, and oil shale fees.

loca-

§ 3834.11 Which fees must I pay to
maintain a mining claim or site and
when do I pay them?
(a) All mining claims or sites (except oil
shale placer claims). Paying the maintenance fee(s) in lieu of performing assessment work satisfies the requirements of the mining law and FLPMA.
See § 3830.21 for fee amounts.
(1) Location fee and initial maintenance
fee. When you first record a mining
claim or site with BLM, you must pay
a location fee and an initial maintenance fee for the assessment year in
which you located the mining claim or
site.
(2) Annual maintenance fee. You must
pay an annual maintenance fee on or
before September 1st of each year in
order to maintain a mining claim or
site for the upcoming assessment year.
(b) Oil shale placer claims. (1) Under
the Energy Policy Act of 1992, 30 U.S.C.
242, if you own an oil shale placer
claim, you must pay an annual $550 fee
and file a notice of intent to hold, with
the applicable service charge, each calendar year on or before December 30—
(i) If you elected to maintain an oil
shale placer claim;
(ii) If you elected to apply for limited
patent; or
(iii) If you filed a patent application
for an oil shale placer claim but did not
receive a first half final certificate on
or before October 24, 1992.
(2) See part 3835 of this chapter for
notice of intent to hold requirements,
and the table of fees and service
charges in § 3830.21 of this chapter.

(3) You need not pay the annual $550
fee, or file a notice of intent to hold, if
you filed a patent application and received a first half of the mineral entry
final certificate on or before October
24, 1992.
§ 3834.12 How will BLM know for
which mining claims or sites I am
paying the fees?
When you pay any fees to BLM, you
must include a list of the mining
claims or sites that you are paying for
by claim name, and by the BLM serial
number if BLM has notified you what
the serial numbers are.
§ 3834.13 Will BLM prorate annual
maintenance or oil shale fees?
BLM will not prorate annual maintenance or oil shale fees if you hold a
mining claim or site for only part of a
year. You must pay the full annual fee
even if you hold the claim or site for
just one day in an assessment year.
§ 3834.14 May I obtain a waiver from
these fees?
(a) No waivers are available for the
initial maintenance fee or the annual
$550 oil shale fee.
(b) You may request a waiver from
annual maintenance fees under certain
circumstances. See part 3835 of this
chapter.

Subpart B—Fee Adjustment
§ 3834.20 Adjusting location and maintenance fees.
§ 3834.21 How will BLM adjust the location and maintenance fees?
BLM will adjust the location and
maintenance fees at least every 5
years, based upon the CPI, as required
by 30 U.S.C. 28j(c), or at any other time
as required by other statute.
[70 FR 52030, Sept. 1, 2005]

§ 3834.22 How will I know that BLM
has adjusted location and maintenance fees?
BLM will publish a notice in the FEDREGISTER about the adjustment
on or before July 1st of a given year in
order to make the adjusted fees due on
September 1st of the same year.
ERAL

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§ 3834.23

43 CFR Ch. II (10–1–15 Edition)

§ 3834.23 When do I start paying the
adjusted fees?
(a) In the case of a CPI adjustment
required by 30 U.S.C. 28j(c), you must
pay the adjusted initial maintenance
and location fees when you record a
new mining claim or site located on or
after the September 1 that immediately follows the date BLM published
its notice about the adjustment.
(b) In the case of adjustments required by other statute, you must pay
the adjusted initial maintenance and
location fees for a new mining claim or
site as provided in the statute.
(c) For previously recorded mining
claims and sites, you must pay the
CPI-based adjusted maintenance fee on
or before the September 1 that immediately follows the date BLM published
its notice about the adjustment.
(d)
Notwithstanding
43
CFR
3830.91(a)(3) and 3830.96, in any year in
which BLM adjusts the maintenance
and location fees, if you pay the fees
timely, but pay an amount based on
the fee in effect immediately before the
adjustment was made, BLM will send
you a notice, as provided in § 3830.94,
giving you 30 days in which to pay the
additional amount required to meet
the adjusted fees. If you do not pay the
additional amount due within 30 days
after the date you received the notice,
you will forfeit the affected mining
claims or sites.

year, what must I do if I want to pay the
maintenance fee for the following assessment year?
3835.17 What additional requirements must
I fulfill to obtain a small miner waiver
for my mining claims or sites on National Park System lands?

Subpart B—Conveying Mining Claims or
Sites Under Waiver
3835.20 Transferring, selling, inheriting, or
otherwise conveying mining claims or
sites already subject to a waiver.

Subpart C—Annual FLPMA Documents
3835.30 Annual FLPMA documents.
3835.31 When do I file an annual FLPMA
document?
3835.32 What should I include when I submit
an affidavit of assessment work?
3835.33 What should I include when I submit
a notice of intent to hold?

Subpart D—Defective Waivers and FLPMA
Filings
3835.90 Failure to comply with this part.
3835.91 What if I fail to file annual FLPMA
documents?
3835.92 What if I fail to submit a timely
waiver request?
3835.93 What happens if BLM finds a defect
in my waiver request?
AUTHORITY: 30 U.S.C. 22, 28, 28f–28k; 43
U.S.C. 2, 1201, 1457, 1701 et seq.; 50 U.S.C. App.
501, 565; 115 Stat. 414.
SOURCE: 68 FR 61073, Oct. 24, 2003, unless
otherwise noted.

[70 FR 52030, Sept. 1, 2005]

Subpart A—Filing Requirements

PART 3835—WAIVERS FROM
ANNUAL MAINTENANCE FEES

§ 3835.1

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Subpart A—Filing Requirements
Sec.
3835.1 How do I qualify for a waiver?
3835.10 How do I request a waiver?
3835.11 What special filing and reporting requirements pertain to the different types
of waivers?
3835.12 What are my obligations once I receive a waiver?
3835.13 How long do the waivers last and
how do I renew them?
3835.14 How do I submit a small miner waiver request for newly-recorded mining
claims?
3835.15 If I qualify as a small miner, how do
I apply for a waiver if I paid the maintenance fee in the last assessment year?
3835.16 If I am a qualified small miner, and
I obtained a waiver in one assessment

How do I qualify for a waiver?

(a) Under certain conditions, you
may qualify for a waiver from the annual maintenance fee requirements.
You cannot obtain a waiver from service charges, the location fee, the initial
maintenance fee, or the $550 oil shale
fee.
(b) The following table lists the types
of waivers available and how you qualify for them (detailed requirements for
each category appear in § 3835.10):
Type of waiver

Qualifications

(a) Small Miner ......

All related parties must hold no more
than a total of 10 mining claims or
sites nationwide, not including oil
shale claims; and All co-claimants
must qualify for the small miner
waiver.

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