43 CFR Part 3837

§ 3836.24

43 CFR Ch. II (10–1–15 Edition)

(2) The land over which you are seeking a right-of-way by legal subdivision
if the land is surveyed;
(3) Why present use of the right-ofway is denied or prevented;
(4) The steps you have taken to acquire the right to cross the lands; and
(5) Whether any other right-of-way is
available and if so, why it is not feasible to use that right-of-way.
(c) If you are submitting the petition
because of other legal impediments to
your access to the claim, you must describe the legal impediments and submit copies of any documents you have
that evidence the legal impediments.
(d) You must record in the local recording office a notice that you are petitioning BLM for a deferment of assessment work.
(e) You must attach a copy of the notice required by paragraph (d) of this
section to the petition you submit to
BLM.
(f) At least one of the claimants of
each of the mining claims for which
you request a deferment must sign:
(1) The petition you submit to BLM;
and
(2) The original notice you record
with the local recording office.
(g) You must pay a processing fee
with each petition. (See the table of
service charges and fees in § 3830.21 of
this chapter.)
[68 FR 61077, Oct. 24, 2003, as amended at 70
FR 58879, Oct. 7, 2005]

§ 3836.24 If BLM approves my petition,
what else must I do to obtain a
deferment of assessment work?
You must record a copy of BLM’s decision regarding your petition in the
local recording office.

Lhorne on DSK5TPTVN1PROD with CFR

§ 3836.25 What if BLM denies my petition for deferment of assessment
work?
If BLM denies your petition for
deferment of assessment work, and the
assessment year has ended, BLM will
give you 60 days from the date you receive the BLM decision denying the petition in which to pay the maintenance
fee to maintain your claim.

§ 3836.26 How long may a deferment of
assessment work last?
(a) BLM may grant a deferment for
up to one assessment year. However,
the deferment ends automatically if
the reason for the deferment ends.
(b) The deferment period will begin
on the date you request in the petition
unless BLM’s approval sets a different
date.
(c) You may petition to renew the
deferment for one additional assessment year if a valid reason for a
deferment continues. BLM cannot
renew your deferment of assessment
work more than once.
§ 3836.27 When must I complete my deferred assessment work?
(a) You may begin the deferred assessment work any time after the
deferment ends. However, you must
complete it before the end of the following assessment year. For example,
if your deferment ends on July 15, 2008,
you must complete all the deferred assessment work by September 1, 2009, in
addition to completing the regular assessment work due on that date.
(b) You may also choose to pay the
annual maintenance fees for the years
deferred instead of performing the deferred assessment work.

PART 3837—ACQUIRING A DELINQUENT CO-CLAIMANT’S INTERESTS IN A MINING CLAIM OR
SITE
Subpart A—Conditions for Acquiring a
Delinquest Co-Claimant’s Interests in a
Mining Claim or Site
Sec.
3837.10 Conditions for acquiring a delinquent co-claimant’s interests.
3837.11 When may I acquire a delinquent coclaimant’s interest in a mining claim or
site?

Subpart B—Acquisition Procedures
3837.20 Acquisition.
3837.21 How do I notify the delinquent coclaimant that I want to acquire his or
her interests?
3837.22 How long does a delinquent coclaimant have after notification to contribute a proportionate share of the assessment work, expenditures, or maintenance fees?

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Bureau of Land Management, Interior

§ 3837.23

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?

if the co-claimant is on active military
duty.

Subpart B—Acquisition Procedures
§ 3837.20

Subpart C—Resolving Co-Claimant Disputes About Acquiring a Delinquest
Co-Claimant’s Interests
3837.30 Disputes about acquiring a delinquent co-claimant’s interests.
AUTHORITY: 43 U.S.C. 2, 1201, 1457; 50 U.S.C.
App. 501, 565; 30 U.S.C. 28.
SOURCE: 68 FR 61078, Oct. 24, 2003, unless
otherwise noted.

Subpart A—Conditions for Acquiring a Delinquest Co-Claimant’s Interests in a Mining
Claim or Site
§ 3837.10 Conditions for acquiring a
delinquent co-claimant’s interests.

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§ 3837.11 When may I acquire a delinquent co-claimant’s interests in a
mining claim or site?
(a) You may acquire a co-claimant’s
interest in a mining claim or site under
the following circumstances:
(1) You are a co-claimant who has
performed the assessment work, made
improvements, or paid the maintenance fees required under parts 3834
and 3836 of this chapter;
(2) Your co-claimant fails to contribute a proportionate share of the assessment work, expenditures, or maintenance fees by the end of the assessment year concerned;
(3) You notify the delinquent coclaimant of the alleged delinquency as
provided in § 3837.21; and
(4) If, within 90 days following the
date the delinquent co-claimant received the notice provided for under
§ 3837.21 or 90 days following the end of
the publication period described in
§ 3837.21, the delinquent co-claimant
fails or refuses to contribute a proportionate share of the assessment work,
expenditures, or maintenance fees, the
remaining co-claimants acquire the delinquent co-claimant’s share in the
mining claim or site.
(b) You may not acquire a co-claimant’s interest in a mining claim or site

Acquisition.

§ 3837.21 How do I notify the delinquent co-claimant that I want to acquire his or her interests?
(a) You must give the delinquent coclaimant written notice by mail using
registered or certified mail, return receipt requested, or by personal service;
or
(b) If, after diligent search, you cannot locate the delinquent co-claimant,
you must publish notification in a
newspaper nearest the location of the
claims or sites at least once a week for
90 days.
§ 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?
The delinquent co-claimant must
contribute a proportionate share of the
assessment work, expenditures, or
maintenance fees within 90 days after
the date on which—
(a) The co-claimant received written
notice by mail or personal service; or
(b) The 90-day newspaper publication
period ended.
§ 3837.23 How do I notify BLM that I
have acquired a delinquent coclaimant’s interests in a mining
claim or site?
If you acquire a delinquent co-claimant’s interests in a mining claim or
site, you must submit—
(a) Evidence that you properly notified the delinquent co-claimant;
(b) An originally signed and dated
statement by all the compliant coclaimants that the delinquent coclaimant failed to contribute the proper proportion of assessment work, expenditures, or maintenance fees within
the period fixed by the statute; and
(c) A non-refundable service charge
for a transfer of interest, as found in
the table of fees in § 3830.21 of this
chapter.

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§ 3837.24

43 CFR Ch. II (10–1–15 Edition)

§ 3837.24 What kind of evidence must I
submit to BLM to show I have properly notified the delinquent coclaimant?
(a) If you gave written notice to the
delinquent co-claimant by personal
service, you must sign and submit a
notarized affidavit explaining how and
when you delivered the written notice
to the delinquent co-claimant.
(b) If you gave written notice to the
delinquent co-claimant by mail, you
must submit:
(1) A copy of the notice you mailed to
the delinquent co-claimant; and
(2) A copy of the signed U.S. Postal
Service return receipt from the registered or certified envelope in which
you sent the notice to the delinquent
co-claimant.
(c) If you published the notice in a
newspaper, you must submit:
(1) A statement from the newspaper
publisher or the publisher’s authorized
representative describing the publication, including the beginning and ending dates of publication;
(2) A printed copy of the published
notice; and
(3) A notarized affidavit attesting
that you conducted a diligent search
for the delinquent co-claimant, you
could not locate the delinquent coclaimant, and therefore notification by
publication was necessary.

Subpart C—Resolving Co-Claimant Disputes About Acquiring
a Delinquent Co-Claimant’s
Interests

Lhorne on DSK5TPTVN1PROD with CFR

§ 3837.30 Disputes about acquiring a
delinquent co-claimant’s interests.
If co-claimants are engaged in a dispute regarding the acquisition of a delinquent co-claimant’s interests—
(a) The co-claimants must resolve
the dispute, without BLM involvement,
in a court of competent jurisdiction or
proceeding as permitted within the
state where the disputed claims are located.
(b) The co-claimants must file with
BLM a certified copy of the judgment,
decree, or settlement agreement resolving the dispute before BLM will update its records.

PART 3838—SPECIAL PROCEDURES
FOR LOCATING AND RECORDING MINING CLAIMS AND TUNNEL SITES ON STOCKRAISING
HOMESTEAD ACT (SRHA) LANDS
Subpart A—General Provisions
Sec.
3838.1 What are SRHA lands?
3838.2 How are SRHA lands different from
other Federal lands?
3838.3 What rules must I follow to explore
for minerals and locate mining claims on
SRHA lands?

Subpart B—Locating and Recording Mining
Claims and Tunnel Sites on SRHA Lands
3838.10 Procedures for locating and recording a mining claim or tunnel site on
SRHA lands.
3838.11 How do I locate and record mining
claims or tunnel sites on SRHA lands?
3838.12 What must I include in a NOITL on
SRHA lands?
3838.13 What restrictions are there on submitting a NOITL on SRHA lands?
3838.14 What will BLM do when I submit a
NOITL for SRHA lands?
3838.15 How do I benefit from properly submitting a NOITL on SRHA lands?
3838.16 What happens if the surface owner of
the SRHA lands changes?
3838.17 How do I locate mining claims or
tunnel sites after I follow the NOITL
Procedures?

Subpart C—Compliance Problems
3838.90 Failure to comply with this part.
3838.91 What if I fail to comply with this
part?
AUTHORITY: 43 U.S.C. 299(b), 1201, 1457, 1740,
1744; 30 U.S.C. 22 et seq.
SOURCE: 68 FR 61079, Oct. 24, 2003, unless
otherwise noted.

Subpart A—General Provisions
§ 3838.1

What are SRHA lands?

SRHA lands are lands that were—
(a) Patented under the Stockraising
Homestead Act of 1916, as amended (30
U.S.C. 54 and 43 U.S.C. 299); or
(b) Originally entered under the
Homestead Act of 1862, as amended,
and patented under the SRHA after December 29, 1916.

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