Forfeiture

Forfeiture is the loss of an unpatented mining claim or site for failing to meet a legal requirement. BLM's regulations define forfeiture as "the voidance or invalidation of an unpatented mining claim or site," and give "abandoned and void," "null and void," "void ab initio," and "forfeited" "the same effect" (43 CFR 3830.5).

The statute

"Failure to pay the claim maintenance fee or the location fee as required by sections 28f to 28l of this title shall conclusively constitute a forfeiture of the unpatented mining claim, mill or tunnel site by the claimant and the claim shall be deemed null and void by operation of law" (30 U.S.C. 28i).

What causes forfeiture (43 CFR 3830.91)

• Not recording within 90 days after location
• Not paying the location fee or initial maintenance fee within 90 days after location
• Not paying the annual maintenance fee on or before the due date. The fee is $200 per lode claim or site, or $200 for each 20 acres of a placer claim, due on or before September 1 (43 CFR 3830.21(d)).
• Not filing a small miner waiver on time and not paying the fee either
• Leaving mining claims off a small miner waiver request and not paying for them
• Not curing a defective waiver in time, or not filing a required annual FLPMA document
• Locating on land closed to mineral entry at the time of location

A document or payment is timely if BLM receives it by the due date, or if it is postmarked by the due date and received within 15 calendar days after (43 CFR 3830.5, definition of filed).

Curable and incurable defects

A defect in meeting a statutory requirement is incurable, and the affected mining claims "are statutorily forfeited" (43 CFR 3830.93(a)). A defect in a regulatory requirement is curable. BLM sends notice by certified mail, and the claimant has 30 days to cure, or 60 days for a defective small miner waiver request (43 CFR 3830.94). In a year when BLM adjusts the fees, a timely payment at the old rate brings a notice allowing 30 days to pay the difference (43 CFR 3834.23(d)).

Assessment work

Where assessment work is required and not done, the mining claim "is open to relocation by a rival claimant as if no location had ever been made." If the failure is substantial and the land is withdrawn, BLM may declare the mining claim forfeited (43 CFR 3836.15).

What survives

The claimant remains responsible for reclamation and other legal duties (43 CFR 3830.91(c)). A forfeited mining claim cannot be revived by amendment (43 CFR 3833.21(b)(2)).

Why it matters in mining claim research

BLM's case record for a closed mining claim shows the forfeiture decision and its basis. The date of forfeiture marks when the ground may be located again, subject to the land's status at the time of any new location.