Forfeiture
The involuntary loss of a mining claim due to failure to comply with statutory requirements such as annual maintenance fees or assessment work.
Detailed Definition
Forfeiture is the involuntary loss of a mining claim resulting from the claimant's failure to comply with statutory requirements. Unlike abandonment, forfeiture does not require intent to give up the claim; it occurs automatically when legal obligations are not met.
Common causes of forfeiture: - Failure to pay annual BLM maintenance fees by the September 1 deadline - Failure to perform required assessment work - Failure to file required annual documents - Failure to record the claim within required timeframes
Statutory basis: - 43 U.S.C. 1744 (FLPMA filing requirements) - 30 U.S.C. 28f-28k (maintenance fee requirements) - State recording statutes
Process: - BLM publishes lists of claims for which fees were not received - Claimants have a limited period to demonstrate timely payment - If fees are confirmed unpaid, the claim is declared forfeited - Forfeited claims are removed from BLM records
Distinction from abandonment: - Forfeiture is involuntary (based on noncompliance) - Abandonment is voluntary (based on intent) - Forfeiture is mechanical -- failure to pay results in automatic loss - Some courts have allowed equitable relief from forfeiture in limited circumstances
Consequences: Once forfeited, the land becomes open to new location by other claimants (assuming the land remains open to mineral entry). The former claimant loses all rights and cannot reassert them.
Related Terms
Mining Claim
A parcel of land for which a claimant has asserted a right of possession and the right to develop and extract mineral resources.
Assessment Work
Annual labor or improvements worth at least $100 per claim, required to maintain an unpatented mining claim as an alternative to maintenance fees.
Maintenance Fee
The annual fee paid to the BLM to maintain an unpatented mining claim, currently $200 per claim (2025).
Abandonment
The voluntary relinquishment of a mining claim, demonstrated by intent to abandon combined with an act of abandonment.