Heads Up For Small Miners

[Don71]

BLM has the "AFFIDAVIT  OF  ANNUAL  ASSESSMENT  WORK" (Form 3830-004) expired as well.

County Recording Due by September 30th. Not Good!

[Clay Diggins]

6 hours ago, Don71 said:

BLM has the "AFFIDAVIT  OF  ANNUAL  ASSESSMENT  WORK" (Form 3830-004) expired as well.

County Recording Due by September 30th. Not Good!

The 'AFFIDAVIT  OF  ANNUAL  ASSESSMENT  WORK" (Form 3830-004) is not a mandatory form and isn't sufficient to meet your State's Affidavit requirements.

The ONLY required mining claim form is the Small miners Waiver 3830-02. Every other BLM form is "optional" and has this buried in the details:

Quote

This is an optional form that may be used to satisfy the requirements for the Bureau of Land Management (BLM) under the provisions of 43 U.S.C. §1744 and 30 U.S.C. §28-28d and the regulations thereunder (43 CFR part 3835). Since local and State laws may vary, you should contact your local and State agencies where the claims are located to ensure all applicable laws and requirements are satisfied.

This 'AFFIDAVIT  OF  ANNUAL  ASSESSMENT  WORK" (Form 3830-004) form does not meet any state's requirements. Your State's laws determine what a valid Location Notice/ NOITH/ Affidavit consists of - NOT the BLM.

I would VERY STRONGLY SUGGEST that you never use any of the BLM forms but the federally required Small miners Waiver 3830-02 form.

For the other BLM "forms" follow your State's requirements and make up your own or use the form offered by your State if they have one (most do). Any of the required filings with the BLM but the Small Miners Waiver can be submitted in any way you want as long as they meet the basic legal requirements. Writing it out by hand on a plain piece of paper is adequate if it's readable.

You will find those legal requirements in your State's statutes governing mining - not the BLM or Federal regulations.

Here are the legally required Affidavit of Labor and NOI requirements in Arizona :

                                                           

A. Before December 31 of any year in which the performance of annual labor or making improvements or the payment of claim maintenance fees on a mining claim is required, the person on whose behalf the work or improvement or payment was made, or the person's representative, knowing the facts, may make and record in the office of the county recorder of the county in which the claim is located an affidavit of annual work or an affidavit of claim maintenance fee payment.

 

B. The affidavit of annual work must state in substance the following:

State of Arizona, county of ____________________ ss: _________________________________, being duly sworn, deposes and says that: I am a citizen of the United States and at least eighteen years of age. I reside at ____________________, in _________________ county, Arizona. I am personally acquainted with the mining claim known as ___________________ mining claim, situated in _________________ mining district, ______________ county, Arizona, the location notice of which is recorded in the office of the county recorder of that county at [county recorder information]. Between the _____________ day of _______________, _________________, and the _______________ day of ___________________, ___________________, at least _________________________ dollars worth of work and improvements were done and performed on the claim, not including the location work of the claim. Such work and improvements were made by and at the expense of ___________________________, owners of the claim, for the purpose of complying with the laws of the United States pertaining to assessment or annual work, and _______________________________________ (here name the miners or persons who worked on the claim) were the persons who are employed by the owner and who labored on the claim, doing the work and improvements as follows: (Here describe the work done and add signature and verification.)

 

C. The affidavit of claim maintenance fee payment must state in substance the following:

State of Arizona, county of ____________________ ss: _________________________________, being duly sworn, deposes and says that: I am a citizen of the United States and at least eighteen years of age. I reside at ____________________, in ___________________ county, Arizona. I am personally acquainted with the mining claim known as ______________________ mining claim, situated in __________________ mining district, ______________ county, Arizona, the location notice of which is recorded in the office of the county recorder of that county at [county recorder information]. A claim maintenance fee of _________________________ dollars was paid by or at the expense of ___________________________, owners of the claim, instead of recording an affidavit of annual work for the purpose of complying with the laws of the United States and holding the claim. (Here add signature and verification.)

                                                           

As you can see the BLM form doesn't cover most of the legal requirements in Arizona. You will find similar but different requirements in each state. To keep your claim valid and current you must follow your State's legal requirements.

[snakejim]

The BLM here in New Mexico accepted the old Maintenance Fee Waiver form. Also, I never use their other forms. I have written my own forms for years and have never had any problem.!

Best wishes to all! snakejim

[GhostMiner]

1 hour ago, snakejim said:

The BLM here in New Mexico accepted the old Maintenance Fee Waiver form. Also, I never use their other forms. I have written my own forms for years and have never had any problem.!

Best wishes to all! snakejim

BLM Sacramento ditto. No problems.