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Mineral_Estate_Grantee
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Change in BLM Maintenence Fees for Association Placer Claims ( 15:21:13 WedApr 18 2012 )


  
ratled
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Re: Change in BLM Maintenence Fees for Association Placer Claims ( 15:41:08 WedApr 18 2012 )

So much for free and and one to all

ratled

  
InspectorTom
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Re: Change in BLM Maintenence Fees for Association Placer Claims ( 03:46:28 ThuApr 19 2012 )

A couple of points about this...

1). What is an "Association Claim"? Did the BLM just fabricate a new term? Where is the Legal Definition?

2). Wouldn't the holders of these new fabricated inventions by the BLM be able to file "small miners exemptions" like other "regular" claim holders?

3). Is a federal agency now allowed to make up and change crap (legal term) without abiding by the legal requirements to go through to do just that?
With the ever-expanding national dept I guess they figured the only way they could get a raise is to invent a smarmy way to increase their fees on us.

Just sayin'...

I say, in an effort to fix the federal budget crisis, Congress should disband the BLM!

  
beammaker
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Re: Change in BLM Maintenence Fees for Association Placer Claims ( 04:19:39 ThuApr 19 2012 )

Inspector Tom: The BLM has had the association claim rules for decades. What this means is that each miner can claim 20 acres----8 claims joined together by 8 names is a 160 acre association claim. It is a way for groups and (yes speculators) to form and maintain more acres in an open to claim rich area. All of the clubs, associations, GPAA, Lost Dutchman, and yes The New 49er"s. Beammaker
[1 edits; Last edit by beammaker at 04:21:56 Thu Apr 19 2012]

  
InspectorTom
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Re: Change in BLM Maintenence Fees for Association Placer Claims ( 05:58:07 FriApr 20 2012 )

beam...
Oh, OK, I just don't recall them being called an Association Claim. What about #3? Don't they have to go thru a "process" to change the rules especially when it comes to raising fees?

  
Mythicalminer
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Re: Change in BLM Maintenence Fees for Association Placer Claims ( 16:24:58 SunJun 10 2012 )

RECENT CHANGE IN THE LAW
WILL AFFECT ALL ASSOCIATION PLACER CLAIMS

On Dec. 23, 2011, Congress passed the “2012 Consolidated Appropriations Act” (PUBLIC LAW 112-74 [H.R. 2055]. As part of the Act, on about one-half a page (out of over 500 pages), a new law was passed that will affect all Placer claims larger than twenty (20) acres (i.e.; Association Placer claims).

In Section 430 of the 2012 Appropriations Act, Congress amended “Section 10101 of the Omnibus Budget Reconciliation Act of 1993” (30 U.S.C. 28f) – the act that created the Annual Maintenance Fee. Of concern is Sec. 430(1)(B)(2) that reads:

"Placer mining claims.-- The holder of each unpatented placer mining claim located pursuant to the mining laws of the United States located before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, the claim maintenance fee described in subsection (a), for each 20 acres of the placer claim or portion thereof." (emphasis added)

Previous to this new amendment, a Placer claim was a Placer claim, regardless of its size, and only one (1) single payment of the Maintenance Fee was required to hold the claim. With this amendment, the Maintenance Fee for Association Placer claims will be one (1) payment of the Fee (currently $140.00) for each 20 acres the claim is comprised of. For example, the owners of a 60 acre Association Placer will now pay $140.00 X’s 3 (20 acre segments) for a total of $420.00 per year (until they raise the Fee again) to hold their claim . . . unless they qualify for and file the Fee Waiver. Owners of a 90 acre claim will pay 5 X’s $140 = $700.00 (90 acres is comprised of four 20 acre segments plus another 10 acre partial which counts as if it was 20 acres).

Carried to the extreme, owners of a 160 acre Association Placer claim (the largest the law allows) who used to pay $140.00 per year to hold the whole claim will now have to pay $1,120.00 (8 X’s $140).

The only way to avoid paying the Annual Maintenance Fee is by qualifying for the Fee Waiver. (NOTE: I have been led to believe that nothing in this amendment to the Maintenance Fee affects qualifying for or filing the Maintenance Fee Waiver. Owning an interest in an Association Placer claim will still count as one (1) claim towards the “10 or fewer” claim limit as before.)

These amendments will also affect the Locators of any new Association Placer claims, who are required to pay the 1st year’s Fee (there is no waiver for the 1st year) based on the acreage of the claim at the time the claim is recorded BLM. Sec. 430(2) amends the 1993 Act (30 U.S.C. 28f) as follows:

“ (2) in subsection (b), by striking the first sentence and inserting the following: "The claim maintenance fee under subsection (a) shall be paid for the year in which the location is made, at the time the location notice is recorded with the Bureau of Land Management.".” (Emphasis added).

EFFECTIVE DATE: As of June 8, 2012, I have been led to believe that the new fees will not become effective until the date the new regulations are published in the Federal Register. Anyone that recently Located a new Association Placer claim and has it recorded with BLM before the date the new regs are published will not have to pay the new fees at the time of recording (but will have to pay the new fees (or file the Waiver) before Sept. 1, 2012, for the 2013 Assessment Year.

It is reported that BLM will give those that submit insufficient funds after the date of publishing of the new regulations (to cover the Maintenance Fee due when recording a new claim, or for the upcoming Fee payment due before Sept. 1st , 2012 for the 2013 Assessment Year) thirty (30) days to submit the balance owed before the claims are declared null & void.

I have been told that the new BLM regulations (amending 43 CFR 3809) should be available by July of 2012. All owners of Association Placer claims should check with their BLM State Office for copies of the new regulations when they come out (or check the BLM websites).

AUTHOR’S NOTE / WARNING: Except for the quoted text of the Act itself, all else in this Notice is my best current interpretation / opinion of how these amendments to the Annual Maintenance Fee will be applied. I could be totally wrong. Until the new regulations are published, exactly how these amendments will work is uncertain and subject to change without notice at any time. The owners of all mining claims are urged to contact BLM well before any upcoming filing deadline to find out exactly what is required.







  
Mark_Johnson
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Re: Change in BLM Maintenence Fees for Association Placer Claims ( 05:03:32 SatJun 16 2012 )

I have recieved no paperwork from the BLM. I own several claims albeight less than ten and some of them are associated claims. In the case that an associated claim is bought by one individual it becomes the property of one person. Are they going by acreage only or # of claimants?

Mark

  
YellowFever
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Re: Change in BLM Maintenence Fees for Association Placer Claims ( 06:02:33 SatJun 16 2012 )

I have gotten nothing from BLM about this on the 2 associated claims that I'm in on ether, but this don't make me happy, next they will say that each member of a claim has to pay $140 per 20 acre! It seems that they only want 2 things from us, our money and our rights to mine our claims! In Kaliforna they got both.

  
Mythicalminer
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Re: Change in BLM Maintenence Fees for Association Placer Claims ( 21:36:38 SatJun 16 2012 )

In reply to Mark J:

As far as I know (from numerous email & phone conversations with Washington DC BLM) the new regulations will NOT affect those that own 10 or fewer claims and file the Fee Waiver.

If a single individual purchases an association claim (i.e.; a placer claim larger than 20 acres) and all together owns interests in 10 or fewer claims - regardless of the acreage, then that person will still qualify for the Fee Waiver.

The new law & regs supposedly will only effect those people paying the annual maintenance fee.... and as soon as the regs are published (last word on that is they might get published in early July)the maintenance fee on placer claims will be $140 per 20 acres of claim (or portion).

Local BLM district offices and the state office have not sent anything out on this yet - they might not even know the change is coming.... until the new regs are published.

The smart play for those that have association claims would be to transfer the interests to sngel individuals that have 10 or fewer claims so they can qualify for the Fee Waiver.

Mythical Miner

  

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