43 C.F.R. § 3835.31   When do I file an annual FLPMA document?


Title 43 - Public Lands: Interior


Title 43: Public Lands: Interior
PART 3835—WAIVERS FROM ANNUAL MAINTENANCE FEES
Subpart C—Annual FLPMA Documents

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§ 3835.31   When do I file an annual FLPMA document?

(a) If you must file an annual FLPMA document as required in paragraph (d) of this section, you must file your annual FLPMA documents with BLM on or before the December 30th of the calendar year in which the assessment year ends. (For example, if the assessment year ends on September 1, 2003, you must file your annual FLPMA document no later than December 30, 2003.)

(b) If part 3836 of this chapter requires you to perform assessment work, you must file an affidavit of assessment work. You do not need to complete assessment work in the assessment year when you located your claim. (For example, if you locate a claim on September 2, 2002, you first need to perform assessment work sometime between September 2, 2003, and September 1, 2004.)

(c) If part 3836 of this chapter does not require you to perform assessment work, either because you located the claim during the current assessment year or because BLM has deferred assessment work, you must submit a notice of intent to hold under §§3835.32 and 3835.33 of this part as an annual FLPMA document filing. You must state in the notice of intent to hold either that BLM has deferred the assessment work requirement or that you located the claim during the current assessment year.

(d) The following table describes the circumstances under which you must file annual FLPMA documents:

 ------------------------------------------------------------------------                                     Affidavit of         Your situation             assessment work    Notice of intent                                       required        to hold  required------------------------------------------------------------------------(1) You have paid annual          No................  No. maintenance fees.(2) You have an oil shale placer  No................  Yes, by December claim.                                                30 of each year                                                       you must pay the                                                       $550 oil shale                                                       fee.(3) You have a small miner        Yes, by December    Yes, but only as waiver that covers mining         30 for each         described in claims.                           assessment year     paragraph (c) of                                   you obtained a      this section.                                   small miner                                   waiver.(4) You have a small miner        No affidavit        Yes, notices of waiver that covers mill or        assessment work     intent to hold tunnel sites.                     is required for     are required for                                   mill or tunnel      mill and tunnel                                   sites.              sites.(5) You have a Soldiers and       No................  No. Sailor's Civil Relief Act Waiver.(6) You have a reclamation        No................  Yes. waiver.(7) You have a waiver because     No................  Yes. you have been denied access.(8) You have a deferment of       No................  Yes, but only as assessment work.                                      described in                                                       paragraph (c) of                                                       this section.(9) You have applied for a        No................  No. mineral patent and BLM has issued a final certificate.------------------------------------------------------------------------

[68 FR 61064, Oct. 24, 2003; 68 FR 74197, Dec. 23, 2003]

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