43 C.F.R. Subpart C—Annual FLPMA Documents
Title 43 - Public Lands: Interior
Title 43: Public Lands: Interior
PART 3835—WAIVERS FROM ANNUAL MAINTENANCE FEES
Subpart C—Annual FLPMA Documents
§ 3835.30 Annual FLPMA documents.
§ 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.------------------------------------------------------------------------
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[68 FR 61064, Oct. 24, 2003; 68 FR 74197, Dec. 23, 2003] § 3835.32 What should I include when I submit an affidavit of assessment work?When you submit an affidavit of assessment work as required in §3835.31(d), you must include the following: (a) The name and, if available, the BLM serial number of the claim for which you did assessment work; (b) Any known changes in the mailing addresses of the claimants; (c) A processing fee for each mining claim affected. (See the table of service charges and fees in §3830.21 of this chapter); and (d) An exact legible reproduction or duplicate, other than microfilm or other electronic media, of either: (1) The affidavit of assessment work that you filed or will file in the county where the claim is located; or (2) The report of geological, geochemical, and geophysical surveys you filed in the county where the claim is located, as provided for in part 3836 of this chapter. [68 FR 61064, Oct. 24, 2003, as amended at 70 FR 58879, Oct. 7, 2005] § 3835.33 What should I include when I submit a notice of intent to hold?When you submit a notice of intent to hold as required in §3835.31(d), you must include the following: (a) An exact legible reproduction or duplicate of a letter or other notice with signatures of one or more of the claimants or their agent that states your intention to hold the mining claims or sites for the calendar year in which the assessment year ends, and that you filed or will file a notice of intent to hold in the county where the claim is located; (b) If applicable: (1) A copy of a BLM decision granting a deferment of the annual assessment work; (2) A copy of a pending petition for deferment of the annual assessment work including the date you submitted the petition; or (3) Any other documentation in the notice of intent to hold supporting why you are filing a notice of intent to hold instead of an assessment work filing; (c) The name and, if available, the BLM serial number of the mining claim or site; (d) Any known changes in the mailing addresses of the claimants; and (e) A processing fee for each mining claim or site affected. (See the table of service charges and fees in §3830.21 of this chapter.) [68 FR 61064, Oct. 24, 2003, as amended at 70 FR 58879, Oct. 7, 2005] Browse Previous | Browse Next
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