2020 CO MiningPacket JanRevise
2020 CO MiningPacket JanRevise
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Contents
Notice to Mining Claimants ............................................................................................................ 5
Lifecycle of Mining Claims and Sites on Federal Land ................................................................. 6
1. Access to Public Lands in Colorado ........................................................................................... 6
2. Research an Area of Interest ..................................................................................................... 10
Locate an Area of Interest. .................................................................................................... 10
Research the History of the Land.......................................................................................... 10
The Master Title Plat ............................................................................................................ 11
Locate Active Unpatented Mining Claims in an Area. ......................................................... 16
Mining Claim Reports in LR2000 ........................................................................................ 17
3. Stake and Monument the Corners ............................................................................................. 17
Help Eliminate Hazards to Birds and Other Wildlife ........................................................... 18
4. Certificate of Location (COL) .................................................................................................. 18
Types of Mining Claims ........................................................................................................... 20
Types of Mineral Entries .......................................................................................................... 20
5. Map of the Mining Claim or Site .............................................................................................. 21
Township Diagram.................................................................................................................... 22
Land Description Diagram ........................................................................................................ 23
6. Recording a New Mining Claim or Site ................................................................................... 24
County Recordation .............................................................................................................. 24
BLM Recordation ................................................................................................................. 24
Adjudication.......................................................................................................................... 25
Land Status............................................................................................................................ 25
Bridge Mining Claims/Sites .................................................................................................. 25
7. Annual Maintenance of a Mining Claim or Site ....................................................................... 26
Where to file? ........................................................................................................................ 26
What if you Miss the Annual Filing Deadline? .................................................................... 26
Online Maintenance Fee Payment Portal .............................................................................. 27
BLM Forms ........................................................................................................................... 28
Maintenance Fees...................................................................................................................... 28
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Maintenance Fee Waiver Certification ..................................................................................... 29
Federal Land Policy and Management Act (FLPMA) Filings.................................................. 32
Affidavit of Assessment Work.............................................................................................. 32
Notice of Intent to Hold ........................................................................................................ 33
8. Switching/Changing Annual Claim Maintenance .................................................................... 35
Annual Filing Requirement Scenarios ...................................................................................... 36
New Mining Claims or Sites ................................................................................................. 36
Existing Mining Claims or Sites ........................................................................................... 37
9. General Upkeep of the Mining Claim....................................................................................... 38
Amendments ............................................................................................................................. 38
Address Changes ....................................................................................................................... 39
Abandonment (Relinquishment) of a Mining Claim ................................................................ 39
10. Buying or Selling Mining Claims or Sites .............................................................................. 39
11. Are You Ready to Dig?........................................................................................................... 41
12. Classifying Mining Operations ............................................................................................... 43
13. Reclamation ............................................................................................................................ 43
Frequently Asked Questions ......................................................................................................... 44
Regulations - Locate and Maintain a Mining Claim..................................................................... 49
Regulations - Mining Operations & Surface Management on BLM Land ................................... 53
BLM Colorado .............................................................................................................................. 55
US Forest Service Rocky Mountain Region Colorado ................................................................. 57
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Notice to Mining Claimants
Exploration, mining, and mineral processing activities involving locatable minerals on BLM
administered land are controlled by the regulations at 43 CFR Subparts 3715 and 3809 and
in Wilderness Study Areas, 43 CFR Subpart 3802.
Operators are required by these regulations to prevent unnecessary and undue degradation
or avoid impairment of wilderness characteristics. Surface Management Handbook H-3809-
1 explains policies, processes and procedures for the implementation of the 3809
regulations. The 3809-2 Handbook Surface Management Bond Processing explains the
policies and procedures for processing bonds required under the 3809 regulations.
Any use of the surface for the purpose of mining on an unpatented claim is only allowed by
permit. Use of the surface for purposes unrelated to mining is unauthorized and therefore,
considered to be in trespass.
The unauthorized use of a mining claim can become a very serious problem for the
claimant, particularly when a valuable improvement is constructed or placed on an
unpatented claim. A person stands to lose all his/her investment because of such trespass
action. In many cases, we have found that unauthorized use began because of the
claimant’s lack of knowledge of the mining laws. Therefore, we are cautioning owners of
mining locations to prevent any future difficulties and to encourage the proper use of Public
Lands.
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Lifecycle of Mining Claims and Sites on Federal Land
1. Is the land accessible? - Access
4. What type of mining claim or site are you locating? – Certificate of Location
FEDERALPUBLIC LANDS
The primary Federal land management agencies in Colorado are the Bureau of Land
Management (BLM), the U.S. Forest Service
(USFS) and the National Park Service (NPS).
National Parks and Monuments usually charge a fee
for entry. America the Beautiful Passes, the National
Parks and Federal Recreation Lands Pass series is
your ticket to more than 2,000 Federal recreation
sites. Each pass covers entrance fees at national
parks and national wildlife refuges as well as
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standard amenity fees (day use fees) at national forests and grasslands, and at lands
managed by the BLM, the Bureau of Reclamation, and US Army Corps of Engineers.
More information on the America the Beautiful Passes is available online at
http:www.nps.gov/planyourvisit/passes or by calling 1-888-ASK USGS (1-888-275-8747).
While camping and many forms of recreation are encouraged, hunting and some other
outdoor activities are restricted. Contact local NPS offices for specific information.
The BLM manages 8.4 million surface acres and the USFS manages 14.3 million acres in
Colorado. These lands are available for a variety of recreational uses; such as hunting,
fishing, wildlife viewing, hiking and camping; along with other authorized uses such as
livestock grazing, timber harvest and mineral development.
Legal access to Federal land is provided by a system of public and agency roads and trails.
Public roads are intended to meet the transportation needs of the public user. Generally, a
public road is any Federal or state highway or county road administered by the state or
county. BLM and USFS roads and trails are maintained for the administration and use of
Federal lands. Although generally open to the public, agency officials may restrict or control
the use of these roads. Restrictions may be imposed for protection of sensitive or critical
resources or to meet specific management needs. Land management agencies do not always
have legal rights-of-way on all access roads or trails entering Federal lands.
Authorized private use of Federal land, such as livestock grazing, does not allow the lessee
to post or sign the land as being private. The lessee of Federal lands cannot deny legal access
or charge an access fee for others to use such lands.
The Motor Vehicle Use Map (MVUM) is a requirement of the 2005 Final
Travel Management Rule. The MVUM displays National Forest System
(NFS) routes (roads and trails) and areas designated as open to motorized
travel. The MVUM also displays allowed uses by vehicle class (ex.
highway-legal vehicles, vehicles less than 50 inches wide and
motorcycles), seasonal allowances, and provides information on other
travel rules and regulations.
Routes not shown on the MVUM are not open to public motor vehicle
travel. Routes designated for motorized use may not always be signed on
the ground but will be identified on the MVUM.
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The Public Access Program is a lease arrangement between the Colorado Parks and Wildlife
and the State Land Board which began in 1993. The Public Access Program allows public
access to specific State Trust Lands and has opened to the public over half a million acres of
lands which had no public access previously. Most recently, the State Land Board and the
Colorado Parks and Wildlife entered a 7-year lease in 2006 to allow public use of
approximately 550,000 acres of State Trust Lands with wildlife values for wildlife-related
recreation.
Through this lease agreement, these lands are available to the public for a specified time
during the year for hunting, fishing and other wildlife-related activities. The State Trust
Lands leased for this program are not open year-round because they are also leased to other
users during the year. The lands may have several lease activities occurring on them during
the year which includes farming, livestock grazing, mining and logging.
The public is reminded to respect the rights of other users and lessees on State Trust Lands
and to abide by state rules so the lands can remain open for future wildlife recreation. State
Trust Lands not leased for this program are not open for public access.
Most of these leased State Trust Lands are not accessible by motor vehicle, all-terrain
vehicles (ATVs) or snowmobiles, and there are restrictions on camping, parking and off-
road driving. Hunters should consult the State Trust Lands brochure for rules and property-
specific information. Parcels are open only from September 1 through the end of February,
unless otherwise stated in the brochure.
The source for the above information on state trust lands can be found by visiting the
Colorado Parks & Wildlife website at www.wildlife.state.co.us; continue by selecting the
heading titled land and water, then State Trust Lands.
PRIVATE LANDS
Two-thirds of the land area of the State of Colorado is privately owned. It is unlawful to
enter private lands in Colorado without permission of the landowner. Colorado law does
not require private lands to be marked, fenced or posted in any manner. Depending on the
circumstances, trespass in Colorado may be prosecuted as a misdemeanor or as a felony.
Additionally, the Colorado Revised Statutes state that "it is unlawful for any person to enter
upon privately owned land or lands under the control of the State Board of Land
Commissioners to take any wildlife by hunting, trapping, or fishing without first obtaining
permission from the owner or person in possession of such land." It is your responsibility to
know whether you are on private or Public Land.
On non-navigable rivers and streams, the adjacent landowners' jurisdiction extends to the
middle of the stream or river. Colorado law does allow floating access on a stream or river if
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no contact is made with the river bottom or shoreline while passing through (over) private
lands.
"ASK FIRST" to get access to private lands and please respect the property of others.
Responsible visitors or users always respect the land, whether it is private or public, and take
care to leave it the way they found it. The landowner has the right to deny access on or
across private lands -and- may charge an access or user fee for the use of those private lands.
SIGNS: Colorado law states that "no person may post, sign or indicate in any way that
Public Lands within Colorado, not held under exclusive control or lease, are privately
owned lands." It is unlawful to close a legal public access route or sign Federal Public Lands
with the intention of restricting public use. The BLM, USFS or Colorado Parks & Wildlife
should be advised about access problems and the illegal posting of signs on Federal lands.
Until these situations are brought to the attention of agency officials, the problem cannot be
corrected.
Major access routes or points of access to Federal Public Lands are usually identified by
signs with an agency logo. Most USFS roads and many BLM roads are marked with signs
bearing road numbers and white arrows depicting routes open to motorized travel or with
signs giving mileage to a geographical location or recreation area. Access routes without
signs will require that you have a detailed map showing landownership and roads/trails to
identify legal access points.
Federal Agencies: Report the incident immediately to the nearest USFS Ranger District
office, or BLM field office, with specifics of the incident; particularly the exact location
where the incident occurred.
State Agencies: The Colorado Parks & Wildlife will investigate state land access related
problems and complaints which involve actions that are either illegal or contrary to State
Land Board regulations and lease terms. If the problem/complaint can be documented and
verified, the parties involved will be contacted and requested to immediately correct the
situation. Non-compliance with lease terms and related Board regulations is grounds for
lease cancellation. Non-compliance with the Board's public rules (such as off-highway
vehicle use), vandalism, or property damage on state lands are grounds for arrest by any
duly authorized peace officer and prosecution under pertinent Colorado statutes.
Operation Game Thief: is a Colorado Division of Wildlife program, which pays rewards to
citizens who turn in poachers. You can call toll-free within Colorado at 1-877-265-6648.
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This number is a crime stoppers line strictly for contacting law enforcement personal
regarding wildlife violations.
The US Forest Service has several maps, including topographic maps available digitally as
well as for purchase at: http://www.fs.fed.us/visit/maps. The Motor Vehicle Use Maps
identify those roads, trails, and areas designated for motor vehicle use in the forest.
To purchase paper maps, contact the Andy Senti Public Lands Information Center at 303-
239-3600. Colorado USGS Topographic Maps, USFS Maps, and BLM Maps available for
purchase.
To begin your research, select land status records, enter the township and range and print the
Master Title Plat.
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LAND STATUS RECORDS (LSR)
LAND CATALOG
A new feature of GLO Records is Land Catalog which allows public to search for all
documents in a township using the map viewer to zoom into the area. This application
displays the PLSS data layer and a drop-down search menu for easy navigation from a
State, Meridian, and Township perspective.
Further inquiry to an MTP notation would require looking at the Historical Indices (HI’s)
for the township. The historical indices provide a chronological history of all land actions
in the township, as noted on the MTP. The first land action in the township begins on page
1, and subsequent land actions are documented through to the present day.
The MTP does not show topography, or landmarks, so it’s important to use other research
material to be ensured you are in the correct area. Notation will generally appear at the
bottom in the center of the outline of the lands involved.
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When researching
the MTP, always
read the right-side
margin.
Cities and towns are not noted on MTP’s and this can be confusing. The snapshot of part of
an MTP shown below, labeled #1 has a colored overlay to highlight this situation. The
snapshot labeled #2 explains some of the common abbreviations found on MTPs.
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#1
#2
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Supplemental Master Title Plat
Mineral Survey numbers (MS 5987) outlined on an MTP without a patent # never left US
ownership, but at one time an official Mineral Survey was conducted on the area.
Abbreviation Definitions
• NOM - the area is not open to mining claims or not open to mineral entry.
• Recon to US – lands reconveyed to the US
• RSTD MIN - restricted minerals, the US does not own the entire mineral estate
• ACQ - means the land or minerals were acquired for a monetary amount by the US.
RESERVOIRS
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different than the power site areas, however sometimes you will find both in the
same area.
Irregular Sections
Protracted townships and sub-divided sections may not be broken down into smaller parcels
without a survey, therefore, mining claims or sites in these areas may be described by metes
and bounds.
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POWER SITE RESERVATIONS
Mining claims filed within a power site reservation have additional filing requirements. The
notation on the plat is: Wdl Pwr Site Res – meaning this is a power site reservation
withdrawal area, and claims must be filed pursuant to the regulations at 43 CFR 3730.
Mining claims located here are referred to as being “filed under PL-359” and this must be
noted on the COL. Placer mining claims are restricted from mining for the first 60 days
while we notify the Surface Management Agency (SMA), and the Federal Energy
Regulatory Commission (FERC) of the new location. The SMA has 60 days to request a
hearing if they find the mining claim will substantially interfere with any new power
projects planned in the area. No mining may take place until the hearing concludes
favorably for the claimant.
BLM Navigator has an active mining claims layer for Colorado which shows mining claims
that are within a quarter section, it is not an exact location of the mining claim.
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Mining Claim Reports in LR2000
LR2000 has a new interface, go to: https://reports.blm.gov. Click on Land & Mineral
System to run reports in the new format of LR2000. The mining claim reports are found by
scrolling to the bottom of the page.
LR2000 MC Geo Report will list claims within each quarter section of a township
LR2000 Serial Register Page is an automated record of the history of one claim.
The reports are designed with instructions at the top of each page. A
step by step instructional guide and reference codes are available at the
top right corner of the page for each report.
Contact representatives are available to answer questions from 8:30 am to 4:00 pm, Monday through
Friday at 303-239-3600.
Stake and monument the corners of a mining claim or site which meets applicable state
monument requirements and the size limitations described in 43 CFR §3832.22 for lode and
placer claims, 43 CFR §3832.32 for mill sites, and 43 CFR §3832.42 for tunnel sites;
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Most State laws require conspicuous and substantial monuments for all types of claims and sites.
The Federal regulations at 43 CFR 3833.11, require the following information must be
provided on a COL:
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Example- Certificate of Location
STATE OF COLORADO, County of _________.
KNOW ALL BY THESE PRESENTS, that _Claimants Name the undersigned citizens
of the United States, whose legal address to be used for all correspondence regarding said
claim is: (Claimant’s Legal Address)______________has located and claimed this __20_
day of _July__, 20 .
Lode claim description by metes and bounds:
Beginning at corner #1, thence 600 feet south at 180° to corner #2, thence 1500
feet east at 90° to corner #3, thence 600 feet north at 0°, to corner #4, thence 1500
feet west at 270° back to corner #1, place of beginning.
Tie Point: Beginning at T3S R72W survey monument for corner of sections
4,5,8,9, thence 3587 feet at 225° to claim corner #1.
Placer claim description by the PLSS:
NE ¼ SW ¼, S15, T 3S, R 75W, 6th PM; area _40_ acres.
This claim would be situated in the __SW & NW_ Quarter, of Section _8_, Township
_3S, Range _72W_, of the _6th Meridian.
Said lode was located on the _20_ day of July 20 _.
Claimants Name and Address
Signature (not required)
BLM SERIAL NO.: CMC#_123456
The fees are only refundable when a defect cannot be cured and results in a forfeiture of the
mining claim such as failing to record within 90 days after you locate it or locating on lands
withdrawn from mineral entry at the time you locate it.
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• Only when a claimant files the COL and map with $225.00 (or more if required) at
the BLM Colorado State Office will a CMC number be assigned to the claim, a case
file created, and the information entered in LR2000.
• The claimant must record the COL and map with the county clerk and recorder
office and provide the BLM state office with proof of recording. The county
recordation number will be entered LR2000.
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exceed 5 acres. Description of the location of the site can be by aliquot part or metes & bounds
(43 CFR 3832.33).
Tunnel Site: Subsurface right-of-way used for access to lode claims or exploration of
undiscovered lodes; not to exceed 3000 ft. in length with a radius of 1500 ft. (43 CFR
3832.41).
(A) A topographical map published by the U.S. Geological Survey with a depiction of the
claim or site; or
(B) A narrative or sketch describing the claim or site and tying the description to a natural
object, permanent monument or topographic, hydrographic, or man-made feature.
(ii) You must show on a map or sketch the boundaries and position of the individual
claim or site by aliquot part within the quarter section accurately enough for BLM to
identify the mining claims or sites on the ground.
(iii) You may show more than one claim or site on a single map or describe more
than one claim or site in a single sketch—
(iv) You are not required to employ a professional surveyor or engineer to establish the
location's position on the ground.
The BLM Navigator is available to the public with up to date geospatial data and a mapping
feature.
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Township Diagram
The township diagram is provided to assist you in documenting the mining claim.
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Land Description Diagram
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6. Recording a New Mining Claim or Site
County Recordation
The COL and map must be recorded in the local county office (clerk and recorder) where
the claim /site is located.
The State of Colorado’s deadline for recording a COL in the county clerk and recorder’s
office from the date the claim is located is 30 days if it’s a placer claim, and 90 days if it’s a
lode claim.
BLM Recordation
The COL and map must be filed with the BLM Colorado State Office, Federal regulations
state a mining claim or site must be filed along with the appropriate fees within 90 days
from the date of location at the proper BLM State Office.
BLM Fees
New mining claim locations submitted to this office without the proper fees will not be serialized
and will be returned unrecorded pursuant to the technical final rule published in the Federal
Register on July 1, 2019, 84 FR 31219.
The fees to file a new mining claim or site with the BLM Colorado State Office are:
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> 40 acres and <= 60 acres $495.00
> 60 acres and <= 80 acres $660.00
> 80 acres and <= 100 acres $825.00
> 100 acres and <= 120 acres $990.00
> 120 acres and <= 140 acres $1,155.00
> 140 acres and <= 160 acres $1,320.00
Adjudication
When a mining claim or site is received, the claim goes through a preliminary adjudication,
a review for:
A Notice of Recordation letter is sent to the claimant with copies of the filing, and a receipt.
Land Status
We do not adjudicate other unpatented mining claims in an area or conflicts between
claimants. The BLM Colorado State Office performs a land status determination on the
area of Public Land on which the mining claim or site is located. A Notice is issued if a
discrepancy exists in the location paperwork. A Decision is issued if the lands are not open
to location under the General Mining Law of 1872, as amended.
When a new mining claim’s location date is prior to September 1, but not filed with the
BLM until after the annual filing deadline of September 1, two maintenance fees are due. A
maintenance fee for the assessment year in which the claim was located and a maintenance
fee for the assessment year that was due on the September 1. If a claimant qualifies, the
option to file a waiver for the maintenance fee due on September 1 (not the maintenance fee
for the year in which the claim is located) is available. This additional requirement must be
met at the time of recording the new mining claim or sites.
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7. Annual Maintenance of a Mining Claim or Site
Where to file?
All filings for Federal unpatented mining claims in Colorado may be mailed or walked in to
the:
The Andy Senti Public Lands Information Center will accept walk in filings and payments
from 8:30 am to 4:00 pm, Monday through Friday. They may be reached at 303-239-3600
or by email at blm_co_info@blm.gov. Walk in filings or payments WILL NOT BE
ACCEPTED outside these hours. DO NOT LEAVE FILINGS WITH THE MAILROOM
STAFF OR ON THE GUARDS DESK.
• The location date must be within 90 days from the date it is re-filed with the county and
the BLM.
• The COL and map must list the correct owner(s) name(s) and address(es) on each
document.
• The transfer document from the previous mining claim or site may not be used as the
COL or map to re-file.
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! Annual assessment for the claims/sites is required; either by paying the maintenance
fee or qualifying/filing for a small miner waiver & performing $100 worth of work
on the claim.
! The annual maintenance requirement is for the next assessment year, not the current
year.
! The BLM is not required to issue reminder notifications, this is a courtesy and may
not happen every year.
! A copy of the form and/or receipt of maintenance fee payment may be recorded at
the county.
When you pay the maintenance fee in lieu of performing assessment work on the mining
claim(s)/site(s), a statement indicating this and the date of payment, or a copy of the
maintenance fee payment form/receipt should be filed at the county.
The Affidavit of Assessment Work or Notice of Intent to Hold must be filed at the county
recorder's office (C.R.S. 34-43-114).
BE ALERT!
As an owner of Federal unpatented Mining claims or sites you are responsible for keeping
yourself informed of the changes in the filing requirements and the mining laws. Congress
may pass legislation affecting filing requirements and the procedure may change.
• The state where the claims are located is required to search for mining claims or sites,
therefore if you own claims in multiple states, each state must be paid in separate
transactions.
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• The customer name field must contain a minimum of three letters to search.
• If a mining claim or site is closed on the official record, it will not appear in the payment
portal search.
• No receipt is issued at the time of payment on the portal. The final screen may be printed
or saved for your records. The BLM Colorado State Office will mail a receipt to you as
soon as possible.
BLM Forms
Forms may be filled out online and printed to submit to this office. The most current mining
claim forms are available on our website at: https://www.blm.gov/services/electronic-
forms
Maintenance Fees
Due September 1st
The claimant must pay the $165 maintenance fee payment for each lode mining claim or
mining site by September 1 of each year.
The claimant may use the new form available titled Maintenance Fee Payment Form for
Lode Claims, Mill Sites, and Tunnel Sites (Form 3830-5), or provide a list of the claim/site
name(s) and BLM serial number(s) for which the fees are being paid
All existing placer mining claims that contain more than 20 acres will pay the annual
maintenance fee based on the total acreage in the claim as follows:
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Key: <= means "less than or equal to"; > means "more than."
Claimants may use the form available titled, Maintenance Fee Payment Form for Placer
Mining Claims (Form 3830-5a), or provide a list of the claim/site name(s) and BLM serial
number(s) for which the fees are being paid.
Only if you own 10 or fewer mining claims or sites nationwide, you may file a
Maintenance Fee Waiver Certification (Form 3830-2) (waiver).
To waive the maintenance fee requirement for mining claim(s)/site(s), each claimant must
qualify as a “small miner”. This means they and all related parties have an interest in no
more than 10 unpatented mining claim(s)/site(s) nationwide, throughout the entire
assessment year.
To apply as a small miner, it is mandatory that you use an official Small Miner
Maintenance Fee Waiver Certification (Form 3830-2), commonly referred to as a small
miner waiver. It must be completed and filed with the BLM by September 1 BEFORE each
assessment year you are applying for. There is no fee requirement.
The information required to be on a small miner waiver is:
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• The owner(s) listed with their current address
• Original signature of each owner (agent may sign with permission)
An agent may only sign for an owner when a notarized designation of agent is/was received
by this office.
This office accepts separate small miner waivers for each claim if necessary.
Notice: A maintenance fee waiver becomes void if the mining claim or site is transferred to
individuals or entities who do not qualify.
When filing a small miner's waiver, you are required to file either an Affidavit of
Assessment Work (3830-004) or a Notice of Intent to Hold (NOI) along with a $15 per
claim/site processing fee by December 30 of the calendar year in which the assessment year
ends.
This small miner waiver is filed for the assessment year beginning on September 1, 2020 and ending on
September 1, 2021.
The undersigned and all related parties owned ten or fewer mining claims, mill, or tunnel sites located and
maintained on Federal lands in the United States of America on September 1, 2020.
The mining claims, mill or tunnel sites for which this waiver from payment of the maintenance fees is
requested are:
CLAIM OR SITE NAME BLM SERIAL NUMBER
THIS IS NOT AN OFFICIAL FORM – DO NOT USE TO FILE WITH THE BLM
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Important Reminders about Waivers (small miner waiver)
The Maintenance Fee Waiver Certification (Form 3830-2) is due on or before September 1,
as a maintenance fee payment would be due. The BLM form Maintenance Fee Waiver
Certification (Form 3830-2) is the only form that may be used to file as a small miner. When
a current Small Miner Maintenance Fee Waiver Certification (Form 3830-2) is available,
this is the only acceptable form. There is no fee to file this form with the BLM.
The Maintenance Fee Waiver Certification (Form 3830-2) is filed in August for the
upcoming assessment year, not the current year as it is written on the top of the form.
The claimants and their related parties must only hold interest in 10 or fewer mining claims
or sites nationwide throughout the entire assessment year to qualify as a small miner.
If the claimants or related parties file a new mining claim or site, or otherwise obtain interest
in any mining claims or sites throughout the assessment year that brings their interest over
10 mining claims or sites nationwide; the waiver will be revoked as they are no longer a
small miner. The revocation of the waiver happens immediately. As the waiver is revoked,
all maintenance fees for the mining claims or sites must be paid before the end of the
assessment year or they will be forfeited and closed.
The Maintenance Fee Waiver Certification (Form 3830-2) must list each person with
interest in the mining claims or sites. It must provide their name, current address, and
ORIGINAL SIGNATURE. This means you may not file a copy of this form with the BLM
COSO, we must have the originally signed form.
There is no county recordation requirement for the waiver form. The affidavit of
assessment work and/or the notice of intent to hold must be recorded in the county.
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Federal Land Policy and Management Act (FLPMA) Filings
When a small miner waiver is filed for a mining claim, the claimant must perform a
minimum amount of $100 of labor and improvements on the claim IN the assessment year,
EVERY year, and file an affidavit of assessment work along with a $15 per claim processing
fee in the BLM State Office by December 30 of the CALENDER year in which the
assessment year ends.
There is a new BLM form that may be used titled Affidavit of Annual Assessment Work
(Form 3830-004) or claimants may create an affidavit which is defined as a written declaration
made under oath or affirmation before a notary public or other authorized officer, in which the signer
swears or affirms that the statements or declarations in the document are true so long as it has the
following required information on the document:
• The statement "the undersigned have performed $100 worth of assessment work as
required by law (30 U.S.C. 28) for each mining claim listed
• Claimant name and current address
• Claim name(s) and BLM serial number(s)
• Date range in which the work was performed
• Signed by Claimant or Person (s) who performed the work
Since 1992, and according to State of Colorado law (C.R.S. 34-43-114), the claimant may
pay the annual maintenance fee per claim or site in lieu of performing the annual
assessment work.
Assessment work is work or labor performed in good faith that tends to develop the claim
and directly helps in the extraction of minerals. Geological, geophysical, and geochemical
surveys may qualify as assessment work for a limited period. However, a requirement for
use of these surveys is the filing of a detailed report, including basic findings. Assessment
work is not a requirement for owners of mill or tunnel sites.
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Performance of assessment work need not occur during the first assessment year of location
as the initial maintenance fee is paid when the mining claim or site was located.
However, for claims located between September 1 and December 31, and if the claimant is
filing a waiver for the upcoming assessment year, the claimant must file a Notice of
Intention to Hold (NOI) the claim with the BLM by December 30 of the following calendar
year.
A BLM form Affidavit of Assessment Work (Form 3830-004) is available for your use on
our website, however this form is not required.
Whenever a waiver is filed for a claim, an Affidavit of Assessment Work is always due
before December 30th, regardless of whether you pay the maintenance fee for the upcoming
assessment year.
A Notice of Intention to Hold Mining Claim(s)/Site(s) (NOI) must be filed in the following
circumstances:
• It is the first year you have located your claim, and a small miner waiver has been
filed for the upcoming year (assessment work is not required the first year of
location)
• A small miner waiver has been filed on a tunnel or mill site claim (assessment work
is not required on mining sites)
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• The maintenance fee has been paid for the current year, and a small miner waiver is
being filed for the upcoming assessment year (switching from paying maintenance
fee to filing as a small miner waiver)
The NOI along with a $15 per claim/site processing fee is due by December 30 of the
calendar year (the same year) that the assessment work requirement would be due.
Dated this day _____ of _____, 20___. Signed By: Owner, Claimant, Agent, Signature
THIS IS NOT AN OFFICAL FORM – DO NOT USE TO FILE WITH THE BLM
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Mill sites and tunnel sites never have a work requirement.
There is no official NOI form. However, when you submit a NOI as required in
§3835.31(d), you must include the following:
• State on the form why you are filing a NOI Recordation Deadline:
instead of assessment work (filed a waiver for the
BLM
upcoming year)
On or Before December 30th
• The name of the mining claim
• The BLM serial number State of Colorado
• Current name and address(es) for the claimants December 30th
• The processing fee of $15 per claim
If you paid the maintenance fee the previous year and are now switching to filing a waiver.
• A Notice of Intent to Hold with a $15 per claim fee is due by December 30th of the
calendar year that you filed the waiver.
• The assessment work of $100 must be completed in the assessment year.
• The Affidavit of Assessment Work with a $15 per claim fee is due by December 30th
of the calendar year that the assessment year ends. This would be the assessment
year listed on the waiver.
If you filed a waiver the previous year and pay the maintenance fee for the upcoming year,
the assessment work is still required.
• The assessment work of $100 must be completed in the assessment year.
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• The Affidavit of Assessment Work with a $15 per claim fee is due by December 30th
of the calendar year that the assessment year ends. This would be the assessment
year listed on the waiver.
When a new claim is located (location date) prior to September 1st and the claim is not filed
with the BLM until after September 1st it bridges two assessment years (referred to as a
Bridge Claim). What is due at the time of filing with the BLM?
Scenario #2
A new lode mining claim located and filed with the BLM close to the September 1st
assessment year deadline, and the claimant pays the maintenance fee every year after
location.
Location Date Filed By September By December By September By December
Date with BLM 1 st
30th 1st 30th
&
Fees
7-1 7-5 Pays $165 No Filing Pays $165 No Filing
$225 maintenance Requirement maintenance Requirement
fee fee
Scenario #3
A new lode mining claim located and filed with the BLM close to the September 1st
assessment year deadline, and the claimant files a waiver after the first year of location.
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7-1 7-5 Files a A Notice of Files a Waiver Files Affidavit
$225 Waiver for Intent to for the of
the Hold UPCOMING Assessment
UPCOMING assessment year Work showing
assessment at least $100 of
year work
performed from
9/1 to 9/1.
Scenario #2
What happens when a claimant has been filing for the waiver on an existing claim and
switches to paying the maintenance fee for the next year and then back to filing for the
waiver for the following year.
By By By By By
Sept. 1, 2018 Dec. 30, 2018 Sept. 1, 2019 Dec. 30, 2019 Sept. 1, 2020
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Has filed waivers Files 2018 Pays 2020 Files 2019 Affidavit Files a
since location & Affidavit of maintenance of Assessment Work waiver for
files a waiver for Assessment Work fee showing at least $100 2021
the 2019 showing at least of work performed assessment
assessment year $100 of work from 9/1/2018 to year
performed from 9/1/2019.
9/1/2017 to Continued
9/1/2018. below…
By By By
December 30, 2020 September 1, 2021 December 30, 2021
A notice of intent to hold for Files a waiver for the 2022 Files 2021 Affidavit of
2020 is due, because they assessment year Assessment Work showing at
switched to a waiver. No least $100 of work performed
assessment work is due. from 9/1/2020 to 9/1/2021.
An amendment to a location for an active mining claim or site can be made at any time.
The amendment must be filed with the appropriate county recording office before it is filed
with the BLM Colorado State Office.
An amendment may be made by creating a new COL and/or map and clearly writing
amended at the top. An amendment may also be created by making the necessary changes
on a copy of the original COL and/or map and clearly marking it as an amendment at the
top. An amended location always relates back to the original location date of the mining
claim or site. The BLM requires a $15 nonrefundable processing fee to file an amended
COL.
An amended COL must be recorded with the BLM within 90 days after you record the
amended COL in the local recording office.
If an amendment is being filed in response to a Notice or Decision issued by the BLM, then
you are required to properly file the amended COL within 30 days from the date you receive
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the Notice or Decision by certified mail. This means the amended COL must be recorded
in the local recording office and then with the BLM Colorado State Office within the 30
days granted.
▪ Change legal descriptions due to an error made on the original certificate (the
location on the ground cannot be changed); and
Amended COLs must be recorded at the proper county recorder's office prior to recordation
with the BLM (43 CFR 3833.22). You must record amended COLs with the BLM within 90
days after you record the amendment in the county recording office. BLM will not
recognize any amendment to your mining claim until you file it properly.
Address Changes
To change the address of a claimant, submit a note/letter identifying the claim or site
name(s), the BLM serial number(s), the owners’ name, and the current address and the new
address you are reporting. There is no charge to file this document.
A change of address may also be made when filing the annual paperwork. Please make a
note on the paperwork of the address change.
The name and address of the claimant, date of relinquishment (if different than the filing
date), claim or site name, and the BLM serial number should be listed on the document.
The relinquishment document may list multiple claims or owners as needed. All owners
who are abandoning their interest must sign the document. There is no charge to file this
document.
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An unpatented mining claim is considered real property of which a person’s interest may be
transferred, purchased or conveyed to another. State laws govern transferring mining claims
or sites (43 CFR 3833.32).
When an owner of an unpatented mining claim sells, assigns, or otherwise conveys all or
any part of his interest in the claim they must file a transfer document with the county
recorder’s office and with the BLM Colorado State Office. The date the transfer document
is signed and notarized (executed) is the effective date for the transfer according to state law
(C.R.S. 38-30-113 (2015)).
In Colorado, the transfer document shall identify (C.R.S. 38-30-113 (2015)):
▪ Grantor’s name
▪ Grantee’s name and address
▪ Mining claim name and BLM serial number (legal description is helpful as well)
▪ County name where the mining claim is located
▪ Consideration – the actual purchase price paid
▪ Grantor’s Signature
▪ Signature of a notary public (C.R.S. 38-35-101 (2015))
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If an association placer claim is transferred to an individual or association (group of
people/entities) that is smaller in number than the current owners, you must:
B. you must reduce the acreage of the claim, so that you meet the 20-acre per
claimant/owner limit.
Per 43 CFR 3830.5, a discovery means that you have found a valuable mineral deposit. Any
association placer claim transferred that does not meet these requirements is not a valid
mining claim.
1. All claimants and related parties must only hold interest in 10 or fewer claims/sites
nationwide throughout the entire assessment year to continue to hold any of the
claims under a small miner waiver.
2. If you or related parties on the claim/site do not qualify for the waiver, the annual
maintenance fee for the current assessment year must be paid by the September 1 for
all claims held by a waiver owned by that individual or related parties, following the
date the transfer became effective under state law.
Visitors may occupy the land no longer than 14 days in any 90 day period within a 25 mile
radius of the initially occupied site unless the BLM has concurred with a proposed extended
Use and Occupancy request (43 CFR 3715). Any occupancy on the Public Lands longer
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than this allowable timeframe, for the purposes of conducting activities under the Mining
Law, must be conducted under an approved Notice or a Plan of Operations with a
concurrence for Use and Occupancy.
You may not construct permanent structures, mobile structures, store equipment or vehicles
or use unauthorized roads or trails without prior approval from the agency. Further,
intermittent or casual mineral exploration and development does not normally justify the
use of such structures or travel off designated routes or any rights to camping or occupancy
beyond the time period allowed for the general public.
Mining on Federal land is also subject to local and state rules and regulations dealing with
mining.
The State of Colorado, Division of Reclamation, Mining, and Safety (CO DRMS)
coordinates education and training to ensure safety while mining and provides permit forms
on their website. There are permits for mineral prospecting as well as operations. Activities
must be approved and bonded with both the BLM (or other surface management agency)
and CO DRMS prior to any surface disturbance.
To conduct prospecting activities in the State of Colorado, a person or organization must file a
Notice of Intent to conduct Prospecting Operations (NOI or Prospecting Notice) and provide a
financial warranty for the prospecting operations to the Mined Land Reclamation Board (MLRB
or Board). All prospecting operations must comply with the Colorado Mined Land Reclamation
Act, as amended (34-32-101 et seq. C.R.S.), and the Colorado Mined Land Reclamation Board
Hard Rock/Metal Mines Rules and Regulations 2 CCR 407-1 and amendments to those rules
(“Rules”). This NOI form is for all minerals except coal and construction materials. The Division
shall determine (where there is a question) if an operation is prospecting or mining.
“Prospecting” is defined in Rule 1.1(43) of the Hard Rock/Metal Mining Rules and Regulations
as the act of searching for or investigating a mineral deposit. “‘Prospecting’ includes, but is not
limited to, sinking shafts, tunneling, drilling core and bore holes and digging pits or cuts and
other works for the purpose of extracting samples prior to the commencement of development or
extraction operations, and the building of roads, access ways, and other facilities related to such
work. The term does not include those activities which cause very little or no disturbance, such
as airborne surveys and photographs, use of instruments or devices which are hand-carried or iii
otherwise transported over the surface to make magnetic, radioactive, or other tests and
measurements, boundary or claim surveying, location work, or other work which causes no
greater land disturbance than is caused by the ordinary, lawful use of the land by persons not
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prospecting. The term does not include any single activity which results in the disturbance of a
single block of land totaling 1600 square feet or less of the land surface, not to exceed two such
disturbances per acre; except that the cumulative total of such disturbances will not exceed five
acres statewide in any prospecting operation extending over 24 consecutive months” (Rule
1.1.43).
The Colorado Division of Reclamation, Mining and Safety, Minerals Program has
established Memorandums of Understanding with multiple agencies regarding mining
activities. They may be found at: https://www.colorado.gov/pacific/drms/memorandums-
understanding.
If State laws or regulations conflict with this subpart regarding operations on public lands,
you must follow the requirements of this subpart. However, there is no conflict if the State
law or regulation requires a higher standard of protection for public lands than this subpart
(43 CFR 3809.3).
The amount and type of disturbance created by the activities of an operator, or the
cumulative disturbance caused by the proximity of several operators, ultimately determines
how the BLM will classify and manage an activity.
Prior to beginning operations, we strongly advise operators to contact the BLM Field Office
with jurisdiction for the area where the operation is proposed to determine what
classification your operation falls under. For operations conducted on United States Forest
Service (USFS) land, you must contact the appropriate USFS office for regulations
applicable to locatable mineral operations.
13. Reclamation
Reclamation Requirements
You are required to reclaim all areas disturbed by your activities on lands encompassed by your
mining claims. After you complete the reclamation, you must notify the authorized officer of the
appropriate surface managing agency so that the authorized officer may conduct a final site
inspection and determine whether you may be released from liability. If you fail to reclaim the
land to the satisfaction of the authorized officer, the surface management agency may cite you
for noncompliance under its surface management regulations.
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For land administered by the BLM, failure to reclaim the land to the satisfaction of the authorized
officer as required in 43 CFR Subpart 3809, the BLM will issue an order of noncompliance under
43 CFR 3809.601(a). If you fail to comply with the noncompliance order, the BLM may take
further action under 43 CFR 3809.604. Failure to conduct reclamation is a prohibited act that may
subject you to criminal penalties. See 43 CFR 3809.605(h) and 43 CFR 3809.700.
If your occupancy has been terminated and you fail to remove structures, material, equipment,
and any personal property in accordance with the regulation in 43 CFR 3715.5-1, BLM may
dispose of the property. In accordance with 43 CFR 3715.5-2, you will remain liable for the
costs BLM incurs in removing and disposing of the property.
I want to go rock hounding on Public Land; do I need a mining claim to legally collect?
Answer: No.
I have a favorite place on Public Land where I dig for minerals, but I don’t find many
that I take with me. Does this activity still qualify as rock hounding?
Answer: It may qualify as casual use according to BLM regulations. Check with the
appropriate Federal Surface Management Agency and the Colorado Division of
Reclamation, Mining and Safety for guidance.
Does an active mining claim guarantee me rights to extract minerals without a bond?
Answer: No.
Prior to conducting surface-disturbing activities, contact the appropriate Federal Surface
Management Agency and the Colorado Division of Reclamation, Mining and Safety to
ensure the proper paperwork is filed and the appropriate financial guarantees are secured.
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If you intend to conduct suction dredging activities on Federal land it is in your best interest
to contact the local BLM field office or FS ranger district to determine how you should
proceed and what paperwork you may need to file.
A mining claim gives the claimant the exclusive right to the minerals being claimed. It is a
standard industry practice to locate and file a claim to obtain exclusive rights to the minerals
that are being explored and developed.
If I file a mining claim can I eventually obtain title (patent) to the land?
Answer: No.
As of October 1, 1994, Congress imposed a moratorium on spending appropriated funds for
the acceptance or processing of mineral patent applications that had not yet received First
Half Final Certificate (FHFC) or were not in Washington, D.C. for Secretarial review of
FHFC on or before September 30, 1994. Until the moratorium is lifted, the BLM will not
accept any new applications.
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Who can locate a mining claim?
Answer: United States Citizens and those who have filed an application for citizenship as
well as business entities organized under the laws of any state (43 CFR 3830.3) can locate a
mining claim.
I want to locate a mining claim or site on US Forest Service (USFS) land; do I follow the
same procedure to locate?
Answer: Yes.
The regulations and procedures to locate and maintain a mining
claim or site on Federal land are the same for BLM and USFS
land. However, the regulations and procedures to begin mining
operations are different depending on the Surface Management
Agency (BLM or USFS). Contact the appropriate Federal Surface
Management Agency and the Colorado Division of Reclamation,
Mining and Safety office prior to conducting surface-disturbing activities on your mining
claim.
Is there information on the location of unpatented Mining claims or sites available on-
line?
Answer: Yes.
Current information on unpatented mining claims may be found by searching the LR2000
database. A query for active or closed Mining claims or sites may be run by selecting a
report under the title "Public Mining Claim Reports." If you have questions regarding
running a LR2000 report, contact the Andy Senti Public Lands Information Center at 303-
239-3600, Monday through Friday from 9am to 4pm.
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All documents within an official mining claim case file may be copied for the public. A fee
of $0.15 per page is assessed for copy work (additional fees for oversize documents). The
documents may also be scanned for $0.15 per page and emailed to you. Contact the BLM
Colorado Dockets Library at 303-239-3615 or by email at: codocket@blm.gov for more
information.
How can I get information on mining claims that date back to the early 1800’s or 1900's?
Answer: Research the General Land Office Records website or Federal Land Records on
microfiche in the Andy Senti Public Lands Information Center.
Historic mining claim information may be found online at the General Land Office Records
website (www.glorecords.blm.gov) or by contacting the Andy Senti Public Lands
Information Center at 303-239-3600.
In order to do an effective search, you will need to have some basic information on the
mining claim, such as legal description, Mineral Survey number, or the original patent serial
number. Records of official surveys as well as original patents are available.
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workings and ancillary facilities; and providing for post-mining monitoring, maintenance, or
treatment of disturbed or impacted areas.
If I file a mining claim or site over a historic mining site, do I have any rights to the
abandoned equipment?
Answer: No.
If a Federal unpatented mining claim is located over the remains of a previous mining
operation (abandoned mining claim) and the new mining claimant removes damages or
uses property left on the abandoned claim, he/she may be subject to civil and criminal
liability. Unauthorized removal and/or sale of property abandoned by a prior locator on an
unpatented mining claim can constitute a criminal act under 18 USC 641.
If the boundaries of private land or a withdrawn area such as a wilderness area are not
marked on the ground, am I still responsible for trespassing?
Answer: Yes.
In the State of Colorado, there is no law that landowners must mark the boundary of their
land. It is the claimant’s responsibility to determine their location in relation to the private
property or withdrawn land to avoid trespassing. You are responsible for knowing your
location.
The extraction of minerals on BLM land is generally identified by three levels of surface-
disturbing activity as well as by any intended commercial use (sales). Please refer to section
31 titled “Classification of Operations – BLM Colorado” and to 43 CFR 3809 for additional
information.
As the BLM and the USFS are both Federal agencies, are their regulations for mining
operations the same?
Answer: No.
The regulations for mineral activity on Federal land are issued by each Federal Surface
Management Agency. This means the Federal regulations will be different according to the
Federal agency who manages the surface estate.
Are there additional State of Colorado regulations for prospecting and mining operations
on Federal land?
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Answer: Yes.
We recommend you discuss your exploration and mining
plans with the State of Colorado Division of Reclamation,
Mining and Safety prior to any activity.
In addition to state regulations, there may be other agencies
with whom you should contact prior to mining, depending
on the location and activity you are proposing.
3810
LANDS AND MINERALS SUBJECT TO LOCATION
§ 3811.1 Lands: General.
3830
LOCATING, RECORDING, AND MAINTAINING MINING CLAIMS OR SITES;
GENERAL PROVISIONS
§ 3830.2 What is the scope of these regulations?
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§ 3830.12 What are the characteristics of a locatable mineral?
3832
LOCATING MINING CLAIMS OR SITES
§ 3832.1 What does it mean to locate mining claims or sites?
§ 3832.11 How do I locate mining claims or sites?
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3833
RECORDING MINING CLAIMS OR SITES
§ 3833.1 Why must I record mining claims or sites?
§ 3833.11 How do I record mining claims or sites?
§ 3830.8 How will BLM use the information it collects and what does it estimate the
burden is on the public?
§ 3830.9 What will happen if I file a document with BLM that I know contains false,
erroneous, or fictitious information or statements?
3834
REQUIRED FEES FOR MINING CLAIMS OR SITES
§ 3834.11 Which fees must I pay to maintain a mining claim or site and when do I pay
them?
§ 3834.12 How will BLM know for which mining claims or sites I am paying the fees?
§ 3834.21 How will BLM adjust the location and maintenance fees?
§ 3834.22 How will I know that BLM has adjusted location and maintenance fees?
§ 3834.23 When do I start paying the adjusted fees?
§ 3834.14 May I obtain a waiver from these fees?
3835
WAIVERS FROM ANNUAL MAINTENANCE FEES
§ 3835.1 How do I qualify for a waiver?
§ 3835.10 How do I request a waiver?
§ 3835.11 What special filing and reporting requirements pertain to the different types of
waivers?
§ 3835.12 What are my obligations once I receive a waiver?
§ 3835.13 How long do the waivers last and how do I renew them?
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§ 3835.14 How do I submit a small miner waiver request for newly recorded mining
claims?
§ 3835.15 If I qualify as a small miner, how do I apply for a waiver if I paid the
maintenance fee in the last assessment year?
§ 3835.16 If I am a qualified small miner and I obtained a waiver in one assessment year,
what must I do if I want to pay the maintenance fee for the following assessment year?
How to file annual FLPMA documents (Affidavit of Assessment & Notice of Intent to
Hold)
§ 3835.31 When do I file an annual FLPMA document?
§ 3835.32 What should I include when I submit an affidavit of assessment work?
§ 3835.33 What should I include when I submit a notice of intent to hold?
3836
ANNUAL ASSESSMENT WORK REQUIREMENTS FOR MINING CLAIMS
§ 3836.11 What are the general requirements for performing assessment work?
§ 3836.12 What work qualifies as assessment work?
§ 3836.13 What are geological, geochemical, or geophysical surveys?
§ 3836.14 What other requirements must geological, geochemical, or geophysical surveys
meet to qualify as assessment work?
3837
ACQUIRING A DELINQUENT CO-CLAIMANT'S INTERESTS IN A MINING
CLAIM OR SITE
§ 3837.11 When may I acquire a delinquent co-claimant's interests in a mining claim or
site?
§ 3837.21 How do I notify the delinquent co-claimant that I want to acquire his or her
interests?
§ 3837.22 How long does a delinquent co-claimant have after notification to contribute a
proportionate share of the assessment work, expenditures, or maintenance fees?
§ 3837.23 How do I notify BLM that I have acquired a delinquent co-claimant's interests in
a mining claim or site?
§ 3837.24 What kind of evidence must I submit to BLM to show I have properly notified
the delinquent co-claimant?
§ 3837.30 Disputes about acquiring a delinquent co-claimant's interests.
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3838
SPECIAL PROCEDURES FOR LOCATING AND RECORDING MINING CLAIMS
AND TUNNEL SITES ON STOCKRAISING HOMESTEAD ACT (SRHA) LANDS
§ 3838.1 What are SRHA lands?
§ 3838.2 How are SRHA lands different from other Federal lands?
§ 3838.10 - § 3838.14 Procedures for locating and recording on SRHA lands.
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§ 3809.401 Where do I file my plan of operations and what information must I include
with it? § 3809.415 How do I prevent unnecessary or undue degradation while conducting
operations on Public Lands?
§ 3809.420 What performance standards apply to my notice or plan of operations?
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BLM Colorado
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BLM Colorado District and Field Offices
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US Forest Service Rocky Mountain Region Colorado
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USDA Forest Service
Rocky Mountain Region
Arapaho and Roosevelt National Forest
2150 Centre Ave., Bldg. E
Fort Collins, CO 80526-8119
970-295-6600
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Mining Claim Packet
Bureau of Land Management
Colorado State Office
2850 Youngfield Street
Lakewood, CO 80215-7076
The Dockets Library staff are not trained to help with questions about locating a mining
claim or site. They manage the official case files for BLM Colorado and fill copy work
requests for both internal and external customers.
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