43 C.F.R. PART 3837—ACQUIRING A DELINQUENT CO-CLAIMANT'S INTERESTS IN A MINING CLAIM OR SITE
Title 43 - Public Lands: Interior
Authority: 43 U.S.C. 2, 1201, 1457; 50 U.S.C. App. 501, 565; 30 U.S.C. 28.
Source: 68 FR 61078, Oct. 24, 2003, unless otherwise noted.
(a) You may acquire a co-claimant's interest in a mining claim or site under the following circumstances: (1) You are a co-claimant who has performed the assessment work, made improvements, or paid the maintenance fees required under parts 3834 and 3836 of this chapter; (2) Your co-claimant fails to contribute a proportionate share of the assessment work, expenditures, or maintenance fees by the end of the assessment year concerned; (3) You notify the delinquent co-claimant of the alleged delinquency as provided in §3837.21; and (4) If, within 90 days following the date the delinquent co-claimant received the notice provided for under §3837.21 or 90 days following the end of the publication period described in §3837.21, the delinquent co-claimant fails or refuses to contribute a proportionate share of the assessment work, expenditures, or maintenance fees, the remaining co-claimants acquire the delinquent co-claimant's share in the mining claim or site. (b) You may not acquire a co-claimant's interest in a mining claim or site if the co-claimant is on active military duty. (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. 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. 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. (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. If co-claimants are engaged in a dispute regarding the acquisition of a delinquent co-claimant's interests— (a) The co-claimants must resolve the dispute, without BLM involvement, in a court of competent jurisdiction or proceeding as permitted within the state where the disputed claims are located. (b) The co-claimants must file with BLM a certified copy of the judgment, decree, or settlement agreement resolving the dispute before BLM will update its records.
Title 43: Public Lands: Interior
PART 3837—ACQUIRING A DELINQUENT CO-CLAIMANT'S INTERESTS IN A MINING CLAIM OR SITE
Section Contents
§ 3837.10 Conditions for acquiring a delinquent co-claimant's interests.
§ 3837.11 When may I acquire a delinquent co-claimant's interests in a mining claim or site?
§ 3837.20 Acquisition.
§ 3837.21 How do I notify the delinquent co-claimant that I want to acquire his or her interests?
§ 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?
§ 3837.23 How do I notify BLM that I have acquired a delinquent co-claimant's interests in a mining claim or site?
§ 3837.24 What kind of evidence must I submit to BLM to show I have properly notified the delinquent co-claimant?
§ 3837.30 Disputes about acquiring a delinquent co-claimant's interests.
Subpart A—Conditions for Acquiring a Delinquest Co-Claimant's Interests in a Mining Claim or Site
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§ 3837.10 Conditions for acquiring a delinquent co-claimant's interests.
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§ 3837.11 When may I acquire a delinquent co-claimant's interests in a mining claim or site?
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Subpart B—Acquisition Procedures
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§ 3837.20 Acquisition.
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§ 3837.21 How do I notify the delinquent co-claimant that I want to acquire his or her interests?
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§ 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?
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§ 3837.23 How do I notify BLM that I have acquired a delinquent co-claimant's interests in a mining claim or site?
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§ 3837.24 What kind of evidence must I submit to BLM to show I have properly notified the delinquent co-claimant?
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Subpart C—Resolving Co-Claimant Disputes About Acquiring a Delinquent Co-Claimant's Interests
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§ 3837.30 Disputes about acquiring a delinquent co-claimant's interests.
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