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BLM ASSOCIATION PLACER CLAIM FEE INCREASE


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Under the General Mining Laws, the assessment year runs from 12 noon September 1, to the following 12 noon September 1. The new association placer claim fee increase for each 20 acres within an association placer claim came into immediate effect by Federal Register publication July 27, 2012.

It reads as follows:

CONSOLIDATED APPROPRIATIONS ACT, 2012

CLAIM MAINTENANCE FEE AMENDMENTS

SEC. 430. Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is amended—

(1) in subsection (a)—

(A) by striking so much as precedes the second sentence and inserting the following:

‘‘(a) CLAIM MAINTENANCE FEE.—

‘‘(1) LODE MINING CLAIMS, MILL SITES, AND TUNNEL SITES.—

The holder of each unpatented lode mining claim, mill site, or tunnel site, located pursuant to the mining laws of the United States on or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, to the extent provided in advance appropriations Acts, a claim maintenance fee of $100 per claim or site, respectively.’’;

and

(B) by adding at the end the following:

‘‘(2) PLACER MINING CLAIMS.—The holder of each unpatented placer mining claim located pursuant to the mining laws of the United States located before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, the claim maintenance fee described in subsection (a), for each 20 acres of the placer claim or portion thereof.’’; and (2) in subsection (b), by striking the first sentence and inserting the following: ‘‘The claim maintenance fee under subsection (a) shall be paid for the year in which the location is made, at the time the location notice is recorded with the Bureau of Land Management.’’.

30 USC § 28f FEE

The holder of each unpatented placer mining claim located pursuant to the mining laws of the United States located before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, the claim maintenance fee described in subsection (a),for each 20 acres of the placer claim or portion thereof.

(b) Time of payment

The claim maintenance fee under subsection (a) shall be paid for the year in which the location is made, at the time the location notice is recorded with the Bureau of Land Management. The location fee imposed under section 28g of this title shall be payable not later than 90 days after the date of location.

43 CFR § 3835.11

(a) Small miner waivers. Small miner waiver requests must include a declaration that:

(1) You and all related parties hold no more than a total of 10 mining claims and sites nationwide;

(2) You have completed or will complete all assessment work required by the General Mining Law and part 3836 of this chapter to maintain your claims by the end of the applicable assessment year.

(3) If you were not required to perform assessment work in the previous assessment year, you must include the reason why assessment work was not required in your certification, whether it is because:

(i) Your claim was located in that assessment year;(ii) You paid a maintenance fee to maintain your claim during that assessment year;

(iii) Assessment work was deferred for that year; or

(iv) Any other reason recognized under Federal law.

A Question of Law arises from this situation

.

For example, if someone who qualifies for a small miners waiver, who locates an association placer mining claim exceeding 20 acres in size in early July, 2012, prior to July 27, 2012. Then files the location notice (including a small miners waiver) with the BLM before September 1, 2012.

Do the increased association placer claim maintenance fee’s apply for any excess over 20 acres ?

BEAR IN MIND:

In the United States the federal government is prohibited from passing “ex post facto” laws by clause 3 of Article I, section 9 of the U.S. Constitution and the states are prohibited from the same by clause 1 of Article I, section 10.

I am curious on anyone’s thoughts.

I attempted to do exactly this TODAY & the BLM refused to record them, unless I paid the increased fee for each addition 20 acres. :*&$*(:

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Apparently filing *AFTER* July 27 but before Sept.1.

I think you are stuck since everything is happening in 2012.

I don't believe that they will accept a waiver on the first yr of filing.

They didn't with me.

So, ya, 140 smackers for each 20 acre parcel.

You can take the waiver next year.

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Well for recent claimants, I suppose it goes into murky law land, but for those of us that hold less than 10 claims and hold one association claim, and have kept up to date on everything for a number of years, the BLM office websites in every state, say that "Nothing changes for the folks doing the work on the ground and filing the Small Miner's Waiver ... Cheers, Unc

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Just a wild thought. One has 90 days to BLM file from the location date.

County recording for a new location notice is cheap.

If a guy wanted to be an real big jerk.

He could record a new location notice with the county every 88 or 89 days on the same claim.

And, never file with the BLM.

Cost would be minimal a year to hold a 160 acre association placer claim that way.

Would never have to file a proof of labor either.

Just what a real sneaky SOB would do. ………..LOL

BLM wants to play screw the little guy.

Some might screw the BLM back.

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"For example, if someone who qualifies for a small miners waiver, who locates an association placer mining claim exceeding 20 acres in size in early July, 2012, prior to July 27, 2012. Then files the location notice (including a small miners waiver) with the BLM before September 1, 2012."

Bare with me here,...

To qualify for the waiver, you need to have a claim.

The waiver does not apply to any new claims.

A filing of a new claim will require the claimant to pay the $140 maintenance fee per each 20 acres of that claim.

There would be no effect to the maint./waiver for any pre-existing claims, provided there are fewer than 10 claims involved.

When you pay the fee or use the waiver, you are actually meeting the fee requirements for the NEXT year.

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Other than when I originally filed for the claim, I have always filed the waiver and affidavit.

Both with BLM and just the affidavit with the county.

The Waiver to BLM by Sept. 1st.

The original affidavit to the county (along with their filing fees) by Sept. 30 and a copy of the affidavit

(along with the $10 filing fee) to BLM by Dec. 30.

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How would one be able to legally refile the location on the same piece of land repeatedly?

It may be a loophole, but I wouldn't see it standing in court if someone filed on top of you and paid the Sec Interior fees (went through with the filing).

Especially if you had done the location several times.

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If I read it right, they aren't refiling completely. Just filing the location notice with the county every 89 days and not doing the BLM part.

Some county recorder fees are darn cheap, so filing location on an association sized claim over and over would be cheaper throughout the year than going through the whole shebang with the new BLM fees once a year.

that's what I read.

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If I read it right, they aren't refiling completely. Just filing the location notice with the county every 89 days and not doing the BLM part.

Some county recorder fees are darn cheap, so filing location on an association sized claim over and over would be cheaper throughout the year than going through the whole shebang with the new BLM fees once a year.

that's what I read.

Once I payed all the "fees" at the original filing, the following years observing the rules and regs for the small miner's waiver, the yearly cost, that includes county taxes, are, in my case, a whole lot cheeaper than payin' for camp grounds for the year.

I just can't beat the deal. But that's my situation.

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