43 C.F.R. Subpart B—Acquisition Procedures
Title 43 - Public Lands: Interior
Title 43: Public Lands: Interior
PART 3837—ACQUIRING A DELINQUENT CO-CLAIMANT'S INTERESTS IN A MINING CLAIM OR SITE
Subpart B—Acquisition Procedures
§ 3837.20 Acquisition.
§ 3837.21 How do I notify the delinquent co-claimant that I want to acquire his or her interests?
(a) You must give the delinquent co-claimant written notice by mail using registered or certified mail, return receipt requested, or by personal service; or
(b) If, after diligent search, you cannot locate the delinquent co-claimant, you must publish notification in a newspaper nearest the location of the claims or sites at least once a week for 90 days.
§ 3837.22 How long does a delinquent co-claimant have after notification to contribute a proportionate share of the assessment work, expenditures, or maintenance fees?
The delinquent co-claimant must contribute a proportionate share of the assessment work, expenditures, or maintenance fees within 90 days after the date on which—
(a) The co-claimant received written notice by mail or personal service; or
(b) The 90-day newspaper publication period ended.
§ 3837.23 How do I notify BLM that I have acquired a delinquent co-claimant's interests in a mining claim or site?
If you acquire a delinquent co-claimant's interests in a mining claim or site, you must submit—
(a) Evidence that you properly notified the delinquent co-claimant;
(b) An originally signed and dated statement by all the compliant co-claimants that the delinquent co-claimant failed to contribute the proper proportion of assessment work, expenditures, or maintenance fees within the period fixed by the statute; and
(c) A non-refundable service charge for a transfer of interest, as found in the table of fees in §3830.21 of this chapter.
§ 3837.24 What kind of evidence must I submit to BLM to show I have properly notified the delinquent co-claimant?
(a) If you gave written notice to the delinquent co-claimant by personal service, you must sign and submit a notarized affidavit explaining how and when you delivered the written notice to the delinquent co-claimant.
(b) If you gave written notice to the delinquent co-claimant by mail, you must submit:
(1) A copy of the notice you mailed to the delinquent co-claimant; and
(2) A copy of the signed U.S. Postal Service return receipt from the registered or certified envelope in which you sent the notice to the delinquent co-claimant.
(c) If you published the notice in a newspaper, you must submit:
(1) A statement from the newspaper publisher or the publisher's authorized representative describing the publication, including the beginning and ending dates of publication;
(2) A printed copy of the published notice; and
(3) A notarized affidavit attesting that you conducted a diligent search for the delinquent co-claimant, you could not locate the delinquent co-claimant, and therefore notification by publication was necessary.
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