BLM Paperwork

[Bejay]

So thought I would share some info (provided me by a highly respected/knowledgeable/very busy fellow miner and good friend).

I managed to error and use a outdated maintenance waiver form this year.....it was returned to me with a note to use the NEW updated/current form....which I did and returned to BLM. So the maint waiver form changes and is updated by the Feds. (it shows up in the upper right hand corner). The new form is on the BLM web page (PDF format).

Then later I extracted a BLM annual assessment form...filled it out etc; and sent it off for recording. I got on the BLM page again and it stated a new form was required for the annual assessment work. One would of course think that BLM would/could change a required form....just like the Waiver form.

WRONG The only form that is controlled by BLM is the Maint waiver form.....BLM has NO other designated/updated/form requirement. Only the Maint waiver form is updated by authority.

Certain informational requirements exist when filing the Labor Affidavit...but BLM can not require their form to be used. Be sure your affidavit is received by BLM prior to Dec 30th to avoid any problems....and always send such docs via registered/certified/receipt required postage.

Bejay

 

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[KRIKITTS]

thanks Bejay...

I've been taught you should use the form the county you record in recognizes, not the BLM's form for affidavit of assessment. Then file a copy with the BLM's "required" waiver form at BLM.

Correct me if I'm wrong please because I'm headed to downtown Potland on Monday to re- file my waivers at BLM.(put wrong date on first one).

 

[Bejay]

If the county land office (recorder) wants a specific requirement for RECORDS then one must do it.....as BLM is not, and does not have Records, for mining claims....but rather case files. Maint Wavers are not recorded but are required by BLM for miners with 10 or less claims who wish to opt out of the Maint Fee and do their assessment work.

Wrong Date eludes to an error many miners make. The calendar year is not Jan 1 to Jan 1....but rather Sep 1 to Aug 30th. Thus the Maint Waiver must designate such. Labor also follows that same time frame.

I recently did a mining claim conveyance and prepared the doc according to what BLM accepted. But the County Recorder would not record the doc. So I had to find a form that the recorder would accept.........which actually failed to meet the BLM language....so I recorded the one and sent both to BLM. Then all was good. I had a RECORD and a CASE FILE.

Bejay

 

[Hoser John]

In calif they mandate a specific form,sounds crazy but how can a state mandate a federal form but crazy recorder in shasta county/trinity county also do. Forms are marked with a specific uniform document act number for homogeneous application. I have a friend in a HIGH state who simply writes one out and they accept it hahahah toooo much bud man-John-John

 

[KevinInColorado]

Things are just easier here John!

 

[Clay Diggins]

All county recorders have standards set at the State level for what constitutes a valid public record. In particular Affidavits are required to meet the State standards before a Recorder can accept the document to put it in the public record.

Forms from Federal government agencies are not valid unless they have a current assigned Office of Management and Budget (OMB) number. By valid I mean that the agency can not insist you use that form unless the OMB has assigned it a current number.

For miners filing with the BLM the ONLY form they can insist you use is the current free (no filing fee) OMB Maintenance Waiver Form. All other filings only have to contain the information they need for their files. You can write that out by hand or make up your own forms.

The BLM has to accept any form of claim transfer document you give them. It doesn't have to follow any particular standard as long as they are put on notice that the claim has transferred. I'll try to dig out the court case that spanked them for insisting otherwise.

Heavy Pans

 

[Hoser John]

Waiver form was due back at the end of august....no use filing now as deadline long gone. John

 

[Bejay]

True John. The point of the thread was to acknowledge that the Waiver Form is the ONLY form the BLM has jurisdiction over. The Waiver Form has an expiration usage date on it. No OTHER form for OTHER claim docs is BLM jurisdictional. "Information submitted" is though, but a person can use their own form or some other form as long as it provides the required information.

Yet if you were to go onto the Az BLM web page it will tell you that you MUST use their Annual Assesment of Labor form.....typical of a Gov agency exposing crud!

Bejay

 

[KRIKITTS]

thanks Bejay...

I've been taught you should use the form the county you record in recognizes, not the BLM's form for affidavit of assessment. Then file a copy with the BLM's "required" waiver form at BLM.

Correct me if I'm wrong please because I'm headed to downtown Potland on Monday to re- file my waivers at BLM.(put wrong date on first one).

EDIT: I had the wrong dates on the Affidavit The waiver had the correct dates... my apologies. The new affidavit was accepted after I pointed this out to the gentleman at BLM.