CFR

3835.31—When do I file an annual FLPMA document?

(a) If you must file an annual FLPMA document as required in paragraph (d) of this section, you must file your annual FLPMA documents with BLM on or before the December 30th of the calendar year in which the assessment year ends. (For example, if the assessment year ends on September 1, 2003, you must file your annual FLPMA document no later than December 30, 2003.)

(b) If part 3836 of this chapter requires you to perform assessment work, you must file an affidavit of assessment work. You do not need to complete assessment work in the assessment year when you located your claim. (For example, if you locate a claim on September 2, 2002, you first need to perform assessment work sometime between September 2, 2003, and September 1, 2004.)

(c) If part 3836 of this chapter does not require you to perform assessment work, either because you located the claim during the current assessment year or because BLM has deferred assessment work, you must submit a notice of intent to hold under §§ 3835.32 and 3835.33 of this part as an annual FLPMA document filing. You must state in the notice of intent to hold either that BLM has deferred the assessment work requirement or that you located the claim during the current assessment year.

(d) The following table describes the circumstances under which you must file annual FLPMA documents:

Your situation	Affidavit of assessment work required	Notice of intent to holdrequired
(1) You have paid annual maintenance fees	No	No.
(2) You have an oil shale placer claim	No	Yes, by December 30 of each year you must pay the $550 oil shale fee.
(3) You have a small miner waiver that covers mining claims	Yes, by December 30 for each assessment year you obtained a small miner waiver	Yes, but only as described in paragraph (c) of this section.
(4) You have a small miner waiver that covers mill or tunnel sites	No affidavit assessment work is required for mill or tunnel sites	Yes, notices of intent to hold are required for mill and tunnel sites.
(5) You have a Soldiers and Sailor's Civil Relief Act Waiver	No	No.
(6) You have a reclamation waiver	No	Yes.
(7) You have a waiver because you have been denied access	No	Yes.
(8) You have a deferment of assessment work	No	Yes, but only as described in paragraph (c) of this section.
(9) You have applied for a mineral patent and BLM has issued a final certificate	No	No.

Code of Federal Regulations

[68 FR 61064, Oct. 24, 2003; 68 FR 74197, Dec. 23, 2003]

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