Bridge Claim

[Rail Dawg]

OK another issue for a friend.

Some of these guys are old-timers. They don't have a clue about claim maintenance. I help all the time it's a good way to be trusted by the locals.

Can a locator locate at the end of Aug and then file with the BLM after Sep 1st? Or is that a bridge claim and twice the fees are due?

I am recommending his re-locating on Sep 01, file with County then file with BLM to save double payment of fees. There is no concern with someone coming onto the claim before Sep 01.

Is my recommendation correct?

Thanks.

Chuck

 

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[mikep691]

I think he can locate then file an intent to hold. Has the claim been recorded in the county before Aug. 31st? If not and no threat of someone else filing, then locate, file with the county and then BLM. If the filer qualifies, file the small miner waiver next year

 

[bug]

I thought you have 90 days after posting on the ground to record and go to BLM regardless of the month?

 

[Goldwasher]

if you locate in one mining year and file the next. you have to pay twice.

 

[Clay Diggins]

I thought you have 90 days after posting on the ground to record and go to BLM regardless of the month?

True. You have 90 days to file with the BLM no matter when you located your claim.

It's also true that you have to pay full fees in the year of your location. Your location date is the date you posted your monument.

It's also true that if you don't declare small miner exemption before September 1 you must pay full fees.

If you locate a claim on July 15 the 90 days are up on October 13. If you file that claim with the BLM after August 31 you will owe for the mining year in which you located as well as the current mining year.

Double fees are due on filing because your claim "bridged" two mining years.

Heavy Pans

 

[Goldwasher]

hey Clay i've been trying to hound a couple guys on why they dont want to wait and make sure they get a Sept. 1 postmark.

That they need to make sure its August 31st. I cant find your comments on it here, maybe I saw it on anoter forum?

 

[Clay Diggins]

The issue with August 31/September 1 is because Congress set the end of the mining year to be 12:01 a.m. on September 1. Despite the law saying otherwise the BLM typically permits filings up until sometime on September 1.

That would probably be all good except the BLM has closed claims for making their annual filing on September 1. They correctly argued it doesn't matter what their "policy" is the law sets the deadline.

BLM changed their "policy" because they were arguing another claim closure where it was to their advantage to claim the September 1 date. Now the BLM has backed off closing claims for filing on September 1 but only a foolish person would dance that "policy" line. Better to follow the law rather than BLM policy. There may come a time when all locations are challenged and something as simple as a missed date could be enough to close your claim.

I don't understand why people go to the trouble of finding good paying ground, staking. monumenting, recording and maintaining a claim and then try to squeeze a few more hours out of the mining year.

Here's the IBLA case where the claim was closed for filing on September 1:

In Art Anderson, 181 IBLA 270, GFS(MIN) 14(2011), the
IBLA found that a placer mining claim was forfeited when the
claimant attempted to file a small miner waiver certification on
September 1, rather than on or before August 31. On September 1,
2010, plaintiff tried to file a small miner waiver certification
with BLM for the 2011 assessment year. BLM rejected the waiver
certification because it lacked the signature of one of the claim
owners. Id. at 272-73. Plaintiff appealed and on appeal, the IBLA
stated that had plaintiff submitted a timely certificate, BLM’s
rejection of the waiver certificate would have been in error. BLM
should have accepted the certificate, notified the claimant of the
defect, and given the claimant 60 days’ notice to cure. Id. at 273.

However, the IBLA determined that plaintiff did not timely
submit the certificate. Prior to 2007, the assessment year began
at 12:00 p.m. on September 1 of each year. In 2007, Congress
amended the Consolidated Appropriations Act of 2008 to make
the annual assessment year commence at 12:01 a.m. of each year.
Id. at 274. Claimants are required to submit a claim maintenance
fee or waiver certificate before the commencement of the assess-
ment year. Id.; 30 U.S.C. § 28f(b). BLM has not yet amended its
regulations to reflect the change in the 2007 legislation and 43
C.F.R. § 3834.11(a)(2) still provides that the annual maintenance
fee is due on or before September 1 of each year. Nevertheless,
the IBLA held that the statute is self-operative and that failure to
timely pay the maintenance fee or submit the waiver certificate
causes the claim to forfeit by operation of law. 181 IBLA at 275.

Heavy Pans

 

[Goldwasher]

The issue with August 31/September 1 is because Congress set the end of the mining year to be 12:01 a.m. on September 1. Despite the law saying otherwise the BLM typically permits filings up until sometime on September 1.

That would probably be all good except the BLM has closed claims for making their annual filing on September 1. They correctly argued it doesn't matter what their "policy" is the law sets the deadline.



BLM changed their "policy" because they were arguing another claim closure where it was to their advantage to claim the September 1 date. Now the BLM has backed off closing claims for filing on September 1 but only a foolish person would dance that "policy" line. Better to follow the law rather than BLM policy. There may come a time when all locations are challenged and something as simple as a missed date could be enough to close your claim.

I don't understand why people go to the trouble of finding good paying ground, staking. monumenting, recording and maintaining a claim and then try to squeeze a few more hours out of the mining year.

Here's the IBLA case where the claim was closed for filing on September 1:


Heavy Pans

the first thing I told them was it is silly to wait until the last minute.

 

[bug]

Well that's good to know. Thanks Guys!

 

[Rail Dawg]

Thanks Clay and you others for helping. Out in the field right now prospecting. Things are getting very busy as I drove through Alamosa CO westbound towards Lovelock, NV. Lots of active mines and lots of shiny new equipment.

Something is definitely going on and we all need to be a part of it. Nevada is booming.

Chuck

 

[Rail Dawg]

If we’re not a month or more early handling our claim paperwork we’re doing it wrong.

Chuck

 

[KevinInColorado]

I just located on 9/04/20 to avoid this issue. [emoji106]