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BLM Increases Filing fees for Mining Claims

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7 minutes ago, Au Seeker said:

I hope no ones loses their claim/s because of this!!

BLM increased the filing fee for mining claims from $10 to $15, I'm sure many claims will be lost and it maybe what the BLM intended to happen!!

http://www.freerangereport.com/blm-hikes-mining-claim-permit-fees-by-30-percent/

"

The following notice was published on the Federal Register, September 28, 2018

DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3000
[18X.LLWO310000.L13100000.PP0000]
RIN 1004–AE57
Minerals Management: Adjustment of Cost Recovery Fees
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.

SUMMARY: This final rule updates the fees set forth in the Bureau of Land Management (BLM) mineral resources regulations for the processing of certain minerals program-related actions. It also adjusts certain filing fees for minerals-related documents. These updated fees include those for actions such as lease
renewals and mineral patent adjudications.

DATES: This final rule is effective
October 1, 2018.
ADDRESSES: You may send inquiries or suggestions to Director (630), Bureau of Land Management, 2134LM, 1849 C Street NW, Washington, DC 20240; Attention: RIN 1004–AE57.

FOR FURTHER INFORMATION CONTACT: Steve Wells, Chief, Division of Fluid Minerals, 202–912–7143; Mitch Leverette, Chief, Division of Solid Minerals, 202–912–7114; or Mark Purdy, Regulatory Affairs, 1-202–912–7635. Persons who use a telecommunications device for the deaf (TDD) may leave a message for these individuals with the Federal Relay Service (FRS) at 1–800–877–8339, 24 hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION:
I. Background
The BLM has specific authority to charge fees for processing applications and other documents relating to public lands under section 304 of the Federal Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. 1734. In 2005, the BLM published a final cost recovery rule (70 FR 58854) establishing or revising fees and service charges for processing documents related to its minerals programs (2005 Cost Recovery Rule). In addition, the 2005 Cost Recovery Rule also established the method the BLM would use to adjust those fees and service charges on an annual basis.

At 43 CFR 3000.12(a), the regulations provide that the BLM will annually adjust fees established in subchapter C (43 CFR parts 3000 through 3900) according to changes in the Implicit Price Deflator for Gross Domestic
Product (IPD–GDP), which is published quarterly by the U.S. Department of Commerce. See also 43 CFR 3000.10.

This final rule updates those fees and service charges consistent with that direction. The fee adjustments in this
rule are based on the mathematical formula set forth in the 2005 Cost Recovery Rule. The public had an
opportunity to comment on that adjustment procedure as part of the 2005 rulemaking. Accordingly, the
Department of the Interior for good cause finds under 5 U.S.C. 553(b)(B) and (d)(3) that notice and public comment procedures are unnecessary and that the fee adjustments in this rule may be effective less than 30 days after publication. See 43 CFR 3000.10(c).

II. Discussion of Final Rule As set forth in the 2005 Cost Recovery Rule, the fee updates are based on the
change in the IPD–GDP. The BLM’s minerals program publishes the updated cost recovery fees, which become
effective on October 1, the start of the fiscal year (FY). Since the BLM did not publish a fee update for FY 2018, this rule updates the cost recovery fees from FY 2017 for FY 2019. The update is based on the change in the IPD–GDP from the 4th Quarter of 2015 to the 4th Quarter of 2017 and reflects the rate of inflation over a two-year time period (or eight calendar quarters).

Under this rule, 17 fees will remain the same and 31 fees will increase. Of the 31 fees that are being increased by this rule, 18 of the increases are equal to $5 each. The largest increase, $105, will be applied to the fee for
adjudicating a mineral patent application containing more than 10 claims, which will increase from $3,110
to $3,215. The fee for adjudicating a patent application containing 10 or fewer claims will increase by $50, from
$1,555 to $1,605. The calculations that resulted in the new fees are included in the table below:

"

The largest increase, $105, will be applied to the fee for
adjudicating a mineral patent application containing more than 10 claims, which will increase from $3,110
to $3,215. The fee for adjudicating a patent application containing 10 or fewer claims will increase by $50, from
$1,555 to $1,605. The calculations that resulted in the new fees are included in the table below:

 

Good info Skip. But i though you couldn't apply for patented claims anymore? Did they change something?

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???    They have resurrected the Patent Process ?

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I don't believe they ever did away with the patent process. I think they just tightened it up to prevent abuses.

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From what I recall the funding for processing a mineral patent has been on hold for many years in Congress and as such even though you can still file for a patent and pay the above mention filing fees, the BLM can't go through the process until the hold on funding is again approved/lifted by Congress, and as I understand it it's gets put on the Congressional docket every year and they have yet to approve the processing funding.

Maybe Clay can elborate or tell us what is what if he see this?

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26 minutes ago, Au Seeker said:

From what I recall the funding for processing a mineral patent has been on hold for many years in Congress and as such even though you can still file for a patent and pay the above mention filing fees, the BLM can't go through the process until the hold on funding is again approved/lifted by Congress, and as I understand it it's gets put on the Congressional docket every year and they have yet to approve the processing funding.

Maybe Clay can elborate or tell us what is what if he see this?

The way I understand it is that you can apply for a patent but no one in the last several decades has ever actually gotten one. 

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56 minutes ago, Bedrock Bob said:

The way I understand it is that you can apply for a patent but no one in the last several decades has ever actually gotten one. 

Exactly and the funding for the patent processing is the reason no one has gotten a patent in many years!

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Yep.  That was the deal last I heard too.  That's why I asked.  Like all the other Fee's you can chuck your money at them and they would take it most well. Knowing you just paid for a spot in the line of Infinite Waiting.  All the while you have to pay all other associated fee's to maintain your spot in line.  LOL

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In 1993 Congress removed the line item from the budget to fund the processing of new mineral patents. Each budget since they have done the same.

Mineral patents have not been outlawed but the BLM can not accept a patent application across their counter because there is no funding to pay for them to process the application. If there were funding they would be required to accept and process your patent as they did before October of 1993.

If you want mineral patents back all Congress has to do is NOT include the sentence in the appropriations bill that says:

Quote

None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to accept or  process applications for a patent for any mining or mill site claim located under the general mining laws.

That line has been in every budget since 1994. It's really that simple - just get your congresscritters to leave out that line in the budget and patents are a thing again.  :thumbsupanim

Kinda makes you wonder why more people aren't perfecting their claims. I have no doubt that one day mineral patents will be available again but there is a good possibility that door won't be open for long. If you aren't ready you might just get passed by.

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Mineral patents have been issued every year since 1993. Several have been issued this year so far. All of those patents were in the pipeline in 1993 when the funding for processing new patent applications was removed from the budget. There are still more patents in the process from 1993.

It's a testament to the BLM's hard headed obstinance and political tomfoolery that they have taken more than 25 years to to do what they did in a few months before new patents were stopped.

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13 minutes ago, clay said:

Mineral patents have been issued every year since 1993. Several have been issued this year so far. All of those patents were in the pipeline in 1993 when the funding for processing new patent applications was removed from the budget. There are still more patents in the process from 1993.

It's a testament to the BLM's hard headed obstinance and political tomfoolery that they have taken more than 25 years to to do what they did in a few months before new patents were stopped.

 

If you get a claim to the point you can apply for patent and you do that, do you still have to do the yearly filing on it? Is there some advantage to applying for patent other than just getting a spot in line?

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According to a news clip I saw many years ago, the main reason that line was added in the budget is there were a number of people who were using the mineral patent to get prime real estate on federal lands in the Rockies, similar to the homestead act.  They put in for a mineral patent and once received, built their dream house on prime real estate acquired from the government for fairly cheap. 

Most or all mineral patents show up in the Maricopa and Yavapai county recorders site, so they must tax those as private property.  There's one hotel on the way to Vegas just past the Hoover Dam that is built on a patented mineral claim located in the area withdrawn when the dam was being built.  The hotel had something saying that when the lake was being built, the federal government overlooked that mineral patent when it was using eminent domain.  Many years after the dam, the hotel was built.  Forget the name of the hotel, but its the first one you see driving into Vegas after passing the Dam.

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12 hours ago, Bedrock Bob said:

 

If you get a claim to the point you can apply for patent and you do that, do you still have to do the yearly filing on it? Is there some advantage to applying for patent other than just getting a spot in line?

Bob, from what i understand about the patent my grandpa has, he actually owns the ground and the mineral rights. Not sure of any fees other than property tax. Could be wrong though. 

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23 hours ago, Bedrock Bob said:

 

If you get a claim to the point you can apply for patent and you do that, do you still have to do the yearly filing on it? Is there some advantage to applying for patent other than just getting a spot in line?

Once the patent application is given a "first half certificate" you no longer need to pay annual mining claim fees. The patent costs $1.25 an acre for placer claims and $2.50 an acre for lode claims. You can aggregate several contiguous claims into a single patent.

Once the patent is granted you will own the land lock, stock and barrel except for a reservation for ditches and canals. The patented land is then private property, the mining claim is no more and the federal government has no further ownership in the formerly public land. Unlike most other types of patents a mineral patent transfers the subsurface along with the surface ownership.

There is a huge bonus to perfecting a mining claim even if you don't intend to take it to patent. If the feds restrict mining rights or remove the land from mineral entry you get to keep the claim and all the rights to the minerals. You also have protection against any efforts by state, local or federal governments to take your mining claim lands for other purposes. They can still do a "taking" through imminent domain but they will have to pay you the full value of the minerals as if you had mined them. It's really rare for any government to take perfected mining claims due to the cash expense.

Patents are the foundation of all the private property outside of the original 13 colonies with the exception of Texas, Alaska and Hawaii. More than 6 million patents transferred the public lands of the United States into private ownership. It is extremely likely the land where you live and work were once public lands that were patented by citizens pretty much like you.

One of my former claims right here in Arizona is now 40 acres of private patented lands due to being granted a mineral patent.

Not sure about the "getting a spot in line"? It's not a lottery, concert, DMV or movie so I'm puzzled.

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On ‎11‎/‎9‎/‎2018 at 7:25 PM, clay said:

Not sure about the "getting a spot in line"? It's not a lottery, concert, DMV or movie so I'm puzzled.

Thanks Clay!

Your first sentence answered my question perfectly.

By "getting a spot in line" I meant waiting for a patent. I'm not sure why it would puzzle you. I realize it is not a concert, a lottery, a DMV or a movie.

Thanks!

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On ‎11‎/‎9‎/‎2018 at 7:48 AM, nugget108 said:

Bob, from what i understand about the patent my grandpa has, he actually owns the ground and the mineral rights. Not sure of any fees other than property tax. Could be wrong though. 

Yes, I realize how it works. I had a couple old silver mines near Kingston. I bought them from a rancher that was selling off little pieces he did not have to subdivide. He had purchased them from several guys who had purchased them from someone else. I sold them as cabin sites. It is just private land with mineral rights. Once it is patented it is just real estate.

I was asking if when you apply for a patent how it changes your rights and responsibilities as a public land claim owner.

Lots of guys have applied for patents and spend decades "waiting in line". During that time I was told you did not have to file your annual paperwork. I know now that there is more to it.

I also wonder about limiting public access. I have been told that if you apply for a patent that you can limit access to your claim. Now I know that is probably not true as stated but maybe there are circumstances where that would be true. 

I figure there might be a few other advantages as well. And Clay touched on some real good ones.

I hear that several patents have been applied for in a certain area. I know that it is very difficult to do and that it is unlikely they would ever be granted a patent on claims like these. I was just wondering what motivations they might have for applying for a patent other than for the patent's sake.

 

 

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On 11/12/2018 at 5:32 PM, Bedrock Bob said:

I hear that several patents have been applied for in a certain area. I know that it is very difficult to do and that it is unlikely they would ever be granted a patent on claims like these. I was just wondering what motivations they might have for applying for a patent other than for the patent's sake.

That's just a rumor Bob. There have been no new patent applications accepted since October 1993.

You don't need to apply for a patent to perfect a mining claim. Once perfected a mining claim has all the rights of a patent except title to the surface estate.

Mining companies perfect their mining claims as a normal part of developing their discovery. It's nothing new or exotic and in some circumstances it's required by the SEC for publicly traded companies.

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Here's an interesting article from Professional Surveyor Magazine about how an "unnamed" miner in Arizona has been preparing for future patent application. I think a monkey could figure out that the "unnamed" company is actually one of the largest mining companies in the world.

Revival of Mineral Surveys

For those of you who like hyperbole see if you can find the stumbler in this one. (hint: this is not a first nor a particularly unusual mineral survey)

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Clay, you're on a roll. Simian references aside, break it down and lay it out for us. Please give us your dissertation, exclusive of hyperbole, but inclusive of pithy enlightenment and relevance.

Your audience awaits. 

Mac

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12 hours ago, clay said:

I think a monkey could figure out ….

I agree! I think a monkey already has!

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