Mining Claim Filing Guidance during 2019 Government Shut Down—Message from the BLM

“Here is a link to information BLM has available to the public on Mining Claims.
https://www.blm.gov/programs/energy-and-minerals/mining-and-minerals/locatable-minerals/mining-claims/fees

An Affidavit of Assessment, along with the appropriate processing fee are required to the BLM by December 30 and BLM National has received external questions on two fronts:

  1. If mail with affidavit and fee are post mark by December 30, even though the government is shut down and the mail may arrive in January 2019, will that after my claim?

BLM Response: No. Once the government is opened, BLM offices will proceed with processing the affidavit and fee.

  1. I usually visit the BLM office to file my affidavit and pay the fee by December 30, but with the government shut down, I will file the affidavit and fee once the government is open and I would like to make certain I don’t lose my claim because it was not done prior to December 30?

BLM Response:  Annual filings received during the shutdown or after Dec 30 should be treated in the same way as if Dec 30 was a holiday.  In other words, so long as the filing is postmarked by the next day the office is officially opened the filing will be treated as timely.  43 CFR 1822.14.  A person can also walk in the first day the BLM office is officially open after the shutdown and pay and be timely.  But they will not be timely if they come in after the first day the office is officially opened after the shutdown.”

This message is also posted on the Nevada Division of Minerals website: http://minerals.nv.gov/uploadedFiles/mineralsnvgov/content/home/features/MiningClaimAffidavitFilingGuidance.pdf

Leave a Reply