(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 Sec. Sec. 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: ------------------------------------------------------------------------
Affidavit of
Your situation assessment work Notice of intent
(1) You have paid annual No................ No.
maintenance fees.(2) You have an oil shale placer No................ Yes, by December
claim. 30 of each year
you must pay the
$550 oil shale
fee.(3) You have a small miner Yes, by December Yes, but only as
waiver that covers mining 30 for each described in
claims. assessment year paragraph (c) of
you obtained a this section.
small miner
waiver.(4) You have a small miner No affidavit Yes, notices of
waiver that covers mill or assessment work intent to hold
tunnel sites. is required for are required for
mill or tunnel mill and tunnel
sites. sites.(5) You have a Soldiers and No................ No.
Sailor's Civil Relief Act
Waiver.(6) You have a reclamation No................ Yes.
waiver.(7) You have a waiver because No................ Yes.
you have been denied access.(8) You have a deferment of No................ Yes, but only as
assessment work. described in
paragraph (c) of
this section.(9) You have applied for a No................ No.
mineral patent and BLM has
issued a final certificate.------------------------------------------------------------------------ [68 FR 61064, Oct. 24, 2003; 68 FR 74197, Dec. 23, 2003]