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Q: Filing a Mining Claim ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Filing a Mining Claim
Category: Miscellaneous
Asked by: tabularasa-ga
List Price: $50.00
Posted: 20 Oct 2004 04:50 PDT
Expires: 19 Nov 2004 03:50 PST
Question ID: 417459
I bought an unpatented mining claim back on July 15th, 2004. I was
told I need to go to the BLM office and register it by September 1st.
It is now a month and a half later. Did I lose the claim or can I
still register it?

The best link I have found so far on this is:
http://wiwi.essortment.com/mininglaw_rlge.htm

Which says:
"In addition to filing with the individual state, all claims must be
recorded with the Bureau of Land Management state office. There are no
official forms and the claim must simply describe the parcel of
ground, indicate ownership, identify the location and type of claim
and be dated. There is a $10 filing fee and a $25 location fee. Also
due at the time of the claim is the first annual $100 maintenance fee,
the calendar year of which runs from September 1 to September 1. The
total due per claim is $135."

If I can still recover this claim I would like to know where to call.
I would assume it is the State of Orgegon, Douglas County BLM (not
sure the deparment). If I could get a number and a department that
would be great.
Answer  
Subject: Re: Filing a Mining Claim
Answered By: pafalafa-ga on 20 Oct 2004 07:35 PDT
Rated:5 out of 5 stars
 
Hello tabularasa-ga,

Filing a mining claim under any circumstances can be a convoluted
affair, and it's probably made even a bit more complex by your
particular circumstances.

Your first step in the process should probably be a review of the
procedures for recording a claim, followed by a simple phone call to
the BLM office in Roseburg/Douglas County, as they are obviously in
the best position to guide you through the process:


US Bureau of Land Management
ROSEBURG DISTRICT OFFICE
777 N. W. Garden Valley Blvd.
Roseburg, OR 97470
Phone: (541) 440-4930



FYI, the contact information for the state office is:

US Bureau of Land Management
Duncan Plaza
333 SW First Ave.
Portland, OR 97204
(503) 808-6001


The procedures for filing a claim can be found in this manual made
available by the Oregon BLM:


http://www.or.blm.gov/lo/MINING-PACKET.pdf



From the information in brochure -- along with my own familiarity with
federal regulations -- I can address some of your questions, though
there's no substitute for speaking directly with the experts at BLM.


The September 1 deadline information is a bit ambiguous.  The annual
maintenance fees on a claim are generally due by September 1, and fees
not paid in time can result in the abandonment of a claim.  However,
there is a "small miner exemption" for which you may qualify, and if
so, the filing date is extended to December 30th.

"Small miners" are generally under 5 1/2 feet tall...Haha!  Actually,
"small miners" generally refer to miners holding fewer than ten
claims, though there may be particular provisions in effect in Oregon.
  Again, it seems you would be best off discussing this with the BLM
directly to help clarify your status, and the steps you should take at
this point.

The language regarding filing deadlines is on page 4 of the brochure:

-----
AUTOMATIC ABANDONMENT

If you do not file a notice of location, and pay the recordation
fee, location fee and maintenance fee, within the 90 days after
discovery; or do not update the mining claim record by
September 1st; and/or December 30th of each year (if you
qualify for small miner exemption), your claim is considered
abandoned.
-----

Also note on page 12 of the brochure that there has been a change in
the fees as of September 1, 2004, and that there are different fee
schedules in effect depending both on when the claim was identified,
and when the claim is filed (note that there are also waiver
provisions for certain fees, again, these are especially for small
miners).

In sum, there is a possibility that your claim is considered
"abandoned" due to non-filing by September 1, but there is also a
strong possibility that you can make use of the December 30th filing
date for small miners (assuming you fit in that category).  Only BLM
can provide a definitive answer to this.


I'd be more than happy to provide any additional information on this
topic, if there's something in particular you want to know.  However,
I really do think your best bet is just to call BLM in Roseburg and
run your situation by the mining specialists on the staff there.

But before rating this answer, let me know if there's anything else
you need.  Just post a Request for Clarification, and I'll be happy to
assist you further.

Thanks...and best of luck in your prospecting.

pafalafa-ga




search strategy -- Google search on:  [ blm "mining claim" oregon site:gov ]
tabularasa-ga rated this answer:5 out of 5 stars

Comments  
Subject: Re: Filing a Mining Claim
From: pafalafa-ga on 20 Oct 2004 08:41 PDT
 
Thanks for the kind rating...and best of luck!

paf

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