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Mining Claims Not Yet Updated At BLM

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The beginning of the Federal mining year is September 1st of each year. That's the date all mining claims owners need to have either paid a maintenance fee or filed a small miners waiver. If they don't meet the deadline or submit all the proper fees and forms their claims will be marked CLOSED in the BLM case files.

Even though the final date is September 1st the BLM takes a lot of time updating their records. Generally most claimants that didn't file anything will be closed by January but the Small Miners claims are often not updated until the following year beginning in January.

This is the time of year to watch for good mining lands to open up to claim. The closures dribble in in chunks throughout these months. Each BLM State Office sets their own priorities and deadlines internally so some States get their claims updated quickly - others take forever. This year Utah completed updating virtually all of their claims files in September yet California traditionally runs nearly a year behind.

At Land Matters we track the progress on these claims updates. The most recent closures are reported to Claims Advantage members twice monthly. Those members get an interactive list of of the recently closed claims listed by state. It's not possible to get this list from the LR2000 because all closed claims actions are backdated to their effective date, usually September 1st.

Here is a look at how many claims have not yet been updated to 2016 in the BLM databases and have not been closed. These claims are the ones that might still be closed by the BLM but have yet to be determined. Many of these claims are Small Miners status that won't be settled out until January or February of next year, many are in adjudication and many are claims the BLM State office just hasn't gotten around to updating.

This chart is from November 1st. There hasn't been a lot of change in those numbers with the exception of Idaho. As Claims Advantage members know Idaho has since CLOSED 1,474 claims, opening up another 29,000 acres of land to claiming. B)


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From BLM website at http://www.blm.gov/ca/st/en/info/iac/miningfacts.html




Pay the 2016 Maintenance Fee of $155 per lode claim, mill site, or tunnel site. For placer claims only , you must pay $155 per every 20 acres or portion thereof *, on or before September 1, 2015.


File a 2016 Maintenance Fee Waiver Certification , Form 3830-2 (commonly referred to as a Small Miner’s Waiver) on or before September 1, 2015. There is no charge for filing a Small Miner’s Waiver.


Because you file the 2016 Small Miner’s Waiver , you must ALSO file the following:


For placer and lode claims listed on the Small Miner’s Waiver, you must file a 2015 Affidavit of Assessment Work (also known as a Proof of Labor), along with the $10 processing fee per claim.

For mill or tunnel sites listed on the Small Miner’s Waiver, you must file a 2015 Notice of Intent to Hold or, write on the Small Miner’s Waiver that it serves as a Notice of Intent to Hold for the mill or tunnel site listed on the waiver and include the $10 processing fee per site .

IMPORTANT REMINDER: For those who filed a 2015 Small Miner’s Waiver last year (by September 1, 2014), you must file your 2015 Affidavit of Assessment Work on or before December 30, 2015, regardless of whether you pay the $155 Maintenance Fee this year for 2016.

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the claimant have until DEC. 31 to file their proof  of labor so if a wavier was filed  the blm cant close the claim intil after dec 31


But if the claimant didnt pay the maintenance fee or file the waiver by Sept 1, the claim is invalid.

Or is it still valid until December 30th, if he filed a small miners the year before?

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This was a response to your "Can't Re-File Nowpost Spencer.


Spencer, Clay will answer you shortly. In the mean time check out his site: http://www.mylandmatters.org/


Truly a wealth of information about land status and mining/prospecting rights and responsibilities. 



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Hi Mike, good to see you here. Thanks for sharing the link. :)


Spencer I'm not sure what your question is? You needed to submit your form 3830 Waiver declaration before September 1st to be able to take advantage of the small miners exception. If you were late there is no grace period, your claim automatically becomes void.


Dates are really important. As Steve pointed out the deadline for filing a copy of your recorded labor affidavit and $10 per claim fee is December 30th (NOT the 31st). Missing that deadline will also automatically void your claim.


There are a few mistakes you can make and be allowed a limited time do over but the free waiver declaration is not one of them. September 1st is a set date that doesn't change. All claim owners must meet that date or lose their claims - small miners or maintenance fee payers.


If it's a good claim you may still have an opportunity to reclaim it. New fees and new deadlines still apply just like your original location.

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Sorry Clay Diggins, i really had no question, i was merely looking for verification that i was indeed f*$*&&.

My claim fell within lands segregated for sage grouse. I cant re-file now as they cant validate claims.

Thanks for all the great info, your efforts are appreciated.

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