Late summer, for the mining and exploration industry, includes the looming deadline for Annual Claim Renewals. September 1 comes quickly, with renewals, payments, or waivers required to be filed on or before that date.
In this article, we share important information about Mining Claim Maintenance & Assessments, waivers, fees, and annual renewals. Is there a question we didn’t answer? Let us know in the comments below.
What is an Annual Mining Claim Renewal?
An annual mining claim renewal, also known as the “annual maintenance fee,” is an annual claim renewal that must be completed on or before September 1 of every year. This renewal allows the holder to continue holding a mining claim, mill site, or tunnel site.
Mining laws include rules to reduce waste or unauthorized used of lands. For instance, some individuals may stake erroneous claims because they believe it may open a back-end route to getting approval for a home site or weekend retreat, etc. The annual claim renewal process helps reduce these claims and other purposes of trespass, encouraging and managing the proper use of public lands.
Annual Maintenance & Assessment Waivers
There are conditions under which the annual maintenance fee for a mining claim may be waived. However, this does not mean you do not have to submit anything to the BLM. You must submit a waiver certification form on or before September 1 of the assessment year. These include the following:
Small Miner’s Waiver. A small miner’s waiver, or maintenance fee payment waiver certification, may be requested by claimants who own 10 or fewer non-closed claims or sites on Federal lands nationwide, not including oil shale claims. If there are co-claimants on the claim, they must qualify for this waiver as well. This waiver certifies that annual assessment work has been (or will be) performed and that the evidence has been recorded and properly filed with the state BLM office in which each claim is located along with a $15 processing fee on or before December 30 of the calendar year. This waiver lasts one assessment year; you must reapply each year by September 1.
Soldiers and Sailors Civic Relief Act. If the claimant and all co-claimants are military personnel and are on active-duty status, the annual maintenance fee will be waived. To qualify, you must file a waiver application with a notice of active military service or entry into active military service. You must also notify the BLM when you leave active duty. This waiver automatically renews, lasting until six months after you are released from active-duty service.
Reclamation Waiver. If your mining claim or site is currently undergoing final reclamation and if you do not intend to continue mining, milling, or processing operations on those sites, you may be eligible for a reclamation waiver under subparts 3802, 3809, or 3814. Your application must include a certified or notarized statement that states you are undergoing reclamation efforts on the claims or sites, that you intend to permanently end mining operations on the claims or sites, and references a reclamation submitted to or approved by the BLM or that has been approved by a surface managing agency other than the BLM. This waiver lasts one year. You must reapply each year by September 1.
Denial of Access Waiver. If you’ve received a declaration of taking, notice of intent to take, or have otherwise been denied access to your mining claim in writing by the surface management agency or a court, you may qualify for a Denial of Access Waiver. To qualify, you must submit copies of the official documents you have received. Please note, this does not include waiting for approval of a plan of operations nor a disapproval of a plan of operations unless disapproval includes a denial of access. This waiver lasts one year. You must reapply each year by September 1.
FAQs about Annual Claim Renewals, Maintenance, Assessments & Waivers
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All mining claims are subject to an Annual Maintenance Fee which must be paid on or before September 1 of every year. This is a strict date, as failure to timely pay the fee or file the waiver in the proper BLM office will subject your claims or sites to forfeiture of operation by law. The fee or waiver must be filed every year on or before September 1 to continue to hold the mining claim.
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If you own 10 or fewer non-closed claims or sites on Federal lands, you may qualify for a small miner’s waiver (see above). However, this waiver requires you to perform assessment work and spend a minimum of $100 in labor or improvements on each claim and record evidence of this on or before December 30 of the calendar year.
There are also special circumstance waivers, including being active military, undergoing claim/site reclamation, or receiving an official denial of access notice, that eliminate the annual fee. You can view these waivers above.
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If you miss the deadline, your claim or site will be subject to forfeiture of operation by law. The easiest route it not to miss the deadline. However, if your deadline is missed and your claim/site is forfeited, you may submit an appeal if you choose. If the Interior Board of Land Appeals stays BLM’s voidance decision, you must maintain your mining claim or site throughout the duration of the appeals process.
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In most cases, this annual maintenance fee may be paid online (except in Alaska) using the Mineral & Land Records System (MLRS), in person at your BLM state office (in Alaska, the Fairbanks District Office also accepts fee payment), or sent via the mail.
What are the fees associated with annual maintenance renewals?
The per claim fee for annual maintenance renewals is $165 per claim for load claims, mill sits, and tunnel sites. For placer claims, the fee is $165 for each 20 acres or portion thereof.
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Item descriptionThe Affidavit of Assessment must be filed with the county where each claim is located on or before December 30 of the calendar year in which the assessment year ends. For mill or tunnel sites, a separate notice of intent to hold must be filed with the BLM on or before December 30.
Annual Claim Renewal Forms & Links
Below are the important forms required for miming claim renewals and waivers:
Where to pay fees. Fees may be paid online (except in Alaska), in-person at your state BLM, or sent via mail. https://mlrs.blm.gov/s/
Alaska filing. Alaska Claimants can pay their fees at the BLM Alaska State Office or the Fairbanks District Office in-person or by mail. Contact the BLM Alaska State Office for mailing addresses and other details: https://www.blm.gov/programs/energy-and-minerals/mining-and-minerals/locatable-minerals/mining-claims/fees
Affidavit of Annual Assessment Work. Due on or before December 30 for those requesting a small miner’s waiver: https://www.blm.gov/sites/default/files/3830-004_0.pdf
Mining claim fees information. https://www.blm.gov/programs/energy-and-minerals/mining-and-minerals/locatable-minerals/mining-claims/fees
How Can We Help?
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ABOUT THE AUTHOR
BRIAN GOSS
President, Rangefront Mining Services
Brian Goss brings over 20 years of experience in gold and mineral exploration. He is the founder and President of Rangefront, a premier geological services and mining consulting company that caters to a large spectrum of clients in the mining and minerals exploration industries. Brian is also a director of Lithium Corp. (OTCQB: LTUM), an exploration stage company specializing in energy storage minerals and from 2014 to 2017, he fulfilled the role of President and Director of Graphite Corp. (OTCQB: GRPH), an exploration stage that specialized in the development of graphite properties. Prior to founding Rangefront, Brian worked as a staff geologist for Centerra Gold on the REN project, as well as various exploration and development projects in the Western United States and Michigan. Brian Goss holds a Bachelor of Science Degree with a major in Geology from Wayne State University in Michigan.