43 CFR Part 3833

§ 3832.90

43 CFR Ch. II (10–1–15 Edition)

Subpart E—Defective Locations

Subpart D—Defective Filings

§ 3832.90 Defects in the location of
mining claims and sites.

3833.90 Defects in recordings or filings for
mining claims and sites.
3833.91 What defects cannot be cured under
this part?
3833.92 What happens if I do not file a transfer of interest?

§ 3832.91 How do I amend a mining
claim or site location if it exceeds
the size limitations?
(a) You may correct defects in your
location of a mining claim, mill site, or
tunnel site by filing an amended notice
of location (see § 3833.20 of this chapter
on conditions allowing amendments
and how to record them.)
(b) For placer claims or mill sites
that you located using an irregular
survey or lotting of irregular sections,
you may use the ‘‘Rule of Approximation’’ to determine allowable acreage.
The Rule of Approximation applies
only to surveyed public lands. It was
developed to determine maximum allowable acreage for land entries (placer
claims in this part) where the excess
acreage is less than the difference
would be if the smallest legal subdivision is excluded from the location or
entry. In no case may you use the rule
to obtain more acreage than allowed
under the applicable law. (See Henry C.
Tingley, 8 Pub. Lands Dec. 205 (1889)).

PART 3833—RECORDING MINING
CLAIMS AND SITES
Subpart A—Recording Process
Sec.
3833.1 Why must I record mining claims and
sites?
3833.10 Procedures for recording mining
claims and sites.
3833.11 How do I record mining claims and
sites?

Subpart B—Amending Mining Claims and
Sites
3833.20 Amending mining claims and sites.
3833.21 When may I amend a notice or certificate of location?
3833.22 How do I amend my location?

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Subpart C—Filing Transfers of Interest
3833.30 Filing transfers of interest in mining
claims or sites.
3833.31 What is a transfer of interest?
3833.32 How do I transfer a mining claim or
site?
3833.33 How may I transfer, sell, or otherwise convey an association placer mining
claim?

AUTHORITY: 30 U.S.C. 22 et seq., 621–625; 43
U.S.C. 2, 1201, 1457, 1701 et seq.; 62 Stat. 162;
115 Stat. 414.
SOURCE: 68 FR 61071, Oct. 24, 2003, unless
otherwise noted.

Subpart A—Recording Process
§ 3833.1 Why must I record mining
claims and sites?
FLPMA requires you to record all
mining claims and sites with BLM and
the local recording office in order to
maintain a mining claim or site under
the General Mining Law.
(a) If you fail to record a mining
claim or site with the BLM and the
local recording office by the 90th day
after the date of location, it is abandoned and void by operation of law.
(b) Recording a mining claim or site,
filing any other documents with BLM,
or paying fees or service charges, as
this part requires, does not make a
claim or site valid if it not otherwise
valid under applicable law.
§ 3833.10 Procedures
for
mining claims and sites.
§ 3833.11 How do I
claims and sites?

recording

record

(a) You must record in the proper
BLM State Office a copy of the notice
of certificate of location that you
recordedor will record in the local recording office by the 90th day after the
date of location. If there is no recording requirement under state law (as in
Arkansas), you still must record a document with BLM and the local recording office that contains the information required by this part.
(b) Your notice or certificate of location must include:
(1) The name or number, or both, of
the claim or site;
(2) The names and current mailing
addresses of the locators of the claim;
(3) The type of claim or site;
(4) The date of location; and

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Bureau of Land Management, Interior

§ 3833.31

(5) A complete description of the
lands you have claimed as required in
part 3832 of this chapter.
(c) When you record a notice or certificate of location, you must pay a
processing fee, location fee, and initial
maintenance fee as provided in § 3830.21
of this chapter.
(d) When you record a mining claim
or site under this part, you still must
comply with any other separate recording requirements existing under other
Federal law. However, notices or certificates of location that you mark as
being recorded under the Act of April 8,
1948, or the Act of August 11, 1955, satisfy the additional filing requirements
of those Acts under subpart 3821 of this
chapter for Oregon and California Revested Wagon Road Grant Lands (O & C
Lands) and part 3730 of this chapter for
Powersite Withdrawals.
[68 FR 61071, Oct. 24, 2003, as amended at 70
FR 58879, Oct. 7, 2005]

(2) Relocate or re-establish mining
claims or sites you previously forfeited
or BLM declared void for any reason;
(3) Change the type of claim or site;
or
(4) Enlarge the size of the mining
claim or site.
(c) You may not amend legal descriptions of mining claims or sites after
the land is closed to mineral entry, unless—
(1) You are reducing the size of the
mining claim or site;
(2) You need to correct or clarify defects or omissions in the original notice or certificate of location;
(3) You need to correct the legal land
description of the claim or site, the
mining claim name; or
(4) You need to submit an accurate
description of the position of discovery
or boundary monuments or similar
items.
§ 3833.22

Subpart B—Amending Mining
Claims and Sites

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§ 3833.20 Amending mining claims and
sites.
§ 3833.21 When may I amend a notice
or certificate of location?
(a) You may amend a notice or certificate of location if—
(1) BLM recognizes the original location as a properly recorded and maintained mining claim or site; and
(2) There are omissions or other defects in the original notice or certificate of location that you need to correct or clarify; or
(3) You need to correct the legal land
description of the claim or site, the
mining claim name, or accurately describe the position of discovery or
boundary monuments or similar items;
or
(4) You need to reposition the sidelines of your lode claim so that they
are parallel to the discovered lode,
ledge, or vein, if there are no intervening rights to the land; or
(5) You are reducing the size of the
mining claim or site.
(b) You may not amend a notice or
certificate of location to—
(1) Transfer any interest or add owners;

How do I amend my location?

(a) You must record an amended location certificate or notice with BLM
within 90 days after you record the
amended notice or certificate in the
local recording office. BLM will not
recognize any amendment to your mining claim until you file it properly.
(b) You must pay a processing fee for
each claim or site you amend. See the
table of fees and service charges in
§ 3830.21 of this chapter.
(c) An amended location notice or
certificate relates back to the original
location date. The amendment takes
effect when you record it with the local
recording office under state law or such
other time as provided by state law.
[68 FR 61071, Oct. 24, 2003, as amended at 70
FR 58879, Oct. 7, 2005]

Subpart C—Filing Transfers of
Interest
§ 3833.30 Filing transfers of interest in
mining claims or sites.
§ 3833.31
est?

What is a transfer of inter-

A transfer of interest is a sale, assignment, transfer through inheritance, or conveyance of total or partial
ownership or legal interest in a mining
claim or site.

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§ 3833.32

43 CFR Ch. II (10–1–15 Edition)

Subpart D—Defective Filings

§ 3833.32 How do I transfer a mining
claim or site?
(a) State law governs transferring
mining claims or sites. A transfer is effective in the manner and on the date
provided by state law, not the date you
file it with BLM.
(b) You must file in the BLM State
Office a notice of the transfer that includes:
(1) The name and, if available, the serial number BLM assigned to the claim
or site when the notice or certificate of
location was originally recorded (the
person who transferred you ownership
or legal interest should have this number);
(2) Your name and current mailing
address; and
(3) A copy of the legal instrument or
document that you used to transfer the
interest in the claim or site under
state law.
(c) For each mining claim or site
transferred, each transferee must pay
the full processing fee specified in the
table of service charges and fees in
§ 3830.21 of this chapter.
(d) BLM will notify the claimant of
record with BLM of any action it takes
regarding a mining claim or site. If
BLM is required by law to give a claimant notice of any new legal requirements, BLM has properly given notice
by sending the notice to the claimant
of record with BLM.
[68 FR 61071, Oct. 24, 2003, as amended at 70
FR 58879, Oct. 7, 2005]

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§ 3833.33 How may I transfer, sell, or
otherwise convey an association
placer mining claim?
You may transfer, sell, or otherwise
convey an association placer mining
claim at any time to an equal or greater number of mining claimants. If you
want to transfer an association placer
claim to an individual or an association that is smaller in number than the
association that located the claim,
you—
(a) Must have discovered a valuable
mineral deposit before the transfer; or
(b) Upon notice from BLM, you must
reduce the acreage of the claim, if necessary, so that you meet the 20-acre
per locator limit.

§ 3833.90 Defects in recordings or filings for mining claims and sites.
§ 3833.91 What defects cannot be cured
under this part?
Defects or other problems that cannot be cured and therefore result in
forfeiture of your mining claims or
sites are:
(a) Failing to record a mining claim
or site within 90 days after you locate
it;
(b) Failing to pay the location fee or
initial maintenance fee within 90 days
after you locate it; and
(c) Locating a mining claim or site
on lands withdrawn from mineral entry
at the time you locate it.
§ 3833.92 What happens if I do not file
a transfer of interest?
Even if you record your transfer or
amendment with the local recording
office, BLM will not recognize the interest you acquire, or send you notice
of any BLM action, decision, or contest, regarding the mining claim or site
until you file the transfer with BLM
(see § 1810.2 of this chapter). The Department will treat the last owner of
record as the responsible party for
maintaining the mining claim or site
until you file a transfer notice. You
cannot claim that BLM failed to give
you notice of any BLM action, decision, or contest regarding a mining
claim or site if you failed to file a
transfer notice showing that you have
an interest in the mining claim or site,
before BLM took the action, made the
decision, or issued a contest complaint.

PART 3834—REQUIRED FEES FOR
MINING CLAIMS OR SITES
Subpart A—Fee Payment
Sec.
3834.10 Paying maintenance, location, and
oil shale fees.
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?
3834.13 Will BLM prorate annual maintenance or oil shale fees?
3834.14 May I obtain a waiver from these
fees?

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