BLM Form 3830-2 (Maintenance Fee Payment Waiver Certification)

[mikep691]

For the life of me, I cannot find a downloadable and printable copy of the Small Miner Waiver on the BLM site. It only shows copies of other people's filled out forms. Anybody have a good link or a copy in .pdf they could share with me?

 

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[PaydirtPapa]

form 3830-2 small miners waver, needs to be signed by the owners of record
and sent before Sept. 1st(ink sign no copy).
I file the affidavit I use Stevens-Ness form 189
for a mining group with 9 claims and 6 signers, I am not an owner. I'm the claims manager for the group,
I also file my own claims in two counties one with two other signers.
I get the signatures on the F 3830-2 and sent to BLM before Sept. 1st.
then file the notarized affidavit of assessment with the county once stamped send to BLM by Dec. 30th
for the previous year, I just write on it that I verify the labor was preformed "for the owners"
For the small miners waver submitted this year, the labor is due by Dec. 30th 2023

Thank you.

The SN 602 has all the requirements for an affidavit, an expanded version of the SN 189

Search: 1 result found for "602"

The only official and authorized source for authentic Stevens-Ness legal forms – dependable, accurate forms for Oregon and Washington since 1920.

stevensness.com

Again, the 602 had been accepted in years past by blm...
Send 1 of each then I guess.

Thanks again.

 

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[Clay Diggins]

My reply post was an inquiry on which AFFIDAVIT form to use if NO non government form was advised. I'd also said I thought blm would want some kind of form and not just a affidavit written out on notebook paper. Seems like that's the kind of thing they'd use against you somehow...
Thank you.

Any "form" will work as long as it meets all the following requirements for Oregon.

1. The name of the claim or claims if grouped and a reference to the record where the location notice of each such claim is recorded.

2. The number of days’ work done and the character and value of the improvements placed thereon, together with their location.

3. The dates of performing the labor and making the improvements.

4. At whose instance or request the work was done or improvements made.

5. The actual amount paid for the labor and improvements, and by whom paid, when the same was not done by the claim owner.

6. That the federal fee requirements have been met by the owner or agent and that the owner or agent intends to hold the claim in good standing for the applicable assessment year. [Amended by 1993 c.443 §1; 1999 c.654 §32]

Here's the deal with mining claim "forms". 99% of mining claims are owned by professional mining companies. Each company makes up their own location notices, transfers and annual filings typed up on their own letterhead. No Forms Are Used. These miners are very careful to meet all the legal requirements of both the state recording and BLM filing requirements. Mining claims are valuable property that form the basis for the mining companies value. Miners they don't mess around with pre made forms that rarely meet the legal requirements.

The BLM doesn't require, or expect to receive, a pre printed form except the 3830-2. They will not reject hand written filings as long as they are legible and have the required information.

Because 99% of mining recordings and filings are done by actual miners there is no incentive for a private company to make up 11 different forms that meet each state's requirements for the few small miners that can't or won't just type up the required information. There would be no profit in it. Instead they create a generic form that sorta kinda meets the requirements then print up several thousand to be sold slowly over the next 20 - 40 years. The only reason they even make a profit from the minimal sales is they mark up the cost of the printed piece of paper (or online form) by more than 1,000%.

There is nothing wrong with using a printed form IF all the required information is contained on the final form. . The only way the correct information will end up on the form is if the miner knows, understands and follows the requirements. At that point it's probably just as easy to type up the information on a plain piece of paper and record it yourself.

The legal requirements for annual labor, affidavits, location notices and transfers are different in each state. Find, read and understand those requirements before recording your affidavit. If you can find a form that meets all those requirements feel free to use it and please share it here.

Heavy Pans

 

[Clay Diggins]

For the small miners waver submitted this year, the labor is due by Dec. 30th 2023

Just a small clarification. The labor is due to be accomplished by September of 2023 and the copy of the affidavit of labor is due at the BLM State office by December 30th 2023.

Each state has different deadlines for recording your affidavit of labor with the county. It appears that date is October 1 in Oregon which leaves you nearly three months to file a copy with the BLM.

Heavy Pans

 

[PaydirtPapa]

Any "form" will work as long as it meets all the following requirements for Oregon.

1. The name of the claim or claims if grouped and a reference to the record where the location notice of each such claim is recorded.

2. The number of days’ work done and the character and value of the improvements placed thereon, together with their location.

3. The dates of performing the labor and making the improvements.

4. At whose instance or request the work was done or improvements made.

5. The actual amount paid for the labor and improvements, and by whom paid, when the same was not done by the claim owner.

6. That the federal fee requirements have been met by the owner or agent and that the owner or agent intends to hold the claim in good standing for the applicable assessment year. [Amended by 1993 c.443 §1; 1999 c.654 §32]

Here's the deal with mining claim "forms". 99% of mining claims are owned by professional mining companies. Each company makes up their own location notices, transfers and annual filings typed up on their own letterhead. No Forms Are Used. These miners are very careful to meet all the legal requirements of both the state recording and BLM filing requirements. Mining claims are valuable property that form the basis for the mining companies value. Miners they don't mess around with pre made forms that rarely meet the legal requirements.

The BLM doesn't require, or expect to receive, a pre printed form except the 3830-2. They will not reject hand written filings as long as they are legible and have the required information.

Because 99% of mining recordings and filings are done by actual miners there is no incentive for a private company to make up 11 different forms that meet each state's requirements for the few small miners that can't or won't just type up the required information. There would be no profit in it. Instead they create a generic form that sorta kinda meets the requirements then print up several thousand to be sold slowly over the next 20 - 40 years. The only reason they even make a profit from the minimal sales is they mark up the cost of the printed piece of paper (or online form) by more than 1,000%.

There is nothing wrong with using a printed form IF all the required information is contained on the final form. . The only way the correct information will end up on the form is if the miner knows, understands and follows the requirements. At that point it's probably just as easy to type up the information on a plain piece of paper and record it yourself.

The legal requirements for annual labor, affidavits, location notices and transfers are different in each state. Find, read and understand those requirements before recording your affidavit. If you can find a form that meets all those requirements feel free to use it and please share it here.

Heavy Pans

Thank you !
Your post should be a forum stickey!
I believe the SN 602 meets Oregon requirements. Looks like winners58 s form also...
I hope my confusion has helped others.

 

[Assembler]

Oregon has mining "Case law" that the point topic is:
"Where assessment work by a locator had not been done, the claim is subject to relocation."

Best to read it for your self.

 

[Assembler]

Yep read anything about "Work not deemed part of assessment work" as well as "Affidavit of compliance" sould answer a number of questions.

 

[Assembler]

As to a different question / point that comes up from time to time. Oregon has "Case law" and I think some "Code" that states "Prior to the obtaining of patent from the general government of the United States to such claim, the same shall be exempt from taxation, except as to the improvments, machinery, and building thereon".

These are not my words however are facts that are pointed out best in Oregon's minihg "Case laws".