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In Mr. Clay's opinion, from the time you complete the acts of location, you have <br /> 90 days under to Federal Land Policy Management Act ("FLPMA") to file the location <br /> certificates with the county and the BLM. <br /> Mr. Clay also described the resumption doctrine. If someone does not do their <br /> assessment work for a short time, if they resume working prior to someone filing an <br /> intervening claim, then they pick their rights back up. In his opinion, the resumption <br /> doctrine applies to Mr. Congdon because he was working the claim in May of 2005. But <br /> then he tested that in Mr. Congdon's situation, where his claims were forfeited, Mr. <br /> Congdon would need to relocate his claims to revive his claim. In other words, he <br /> would have to go through and do all the acts of location again before he files his <br /> certificates. <br /> CONCLUSIONS OF LAW AND ORDER <br /> I. THE WHITE BANKS CLAIMS <br /> The Forfeiture in General <br /> Under federal law, the holder of an unpatented mining claim must either pay an <br /> annual claim maintenance fee to the federal government or obtain a small miner <br /> exemption on or before September 1 of each year. The miner must also file an annual <br /> affidavit of assessment work with the BLM prior to December 30. 30 U.S.C. § 28F(a)(1) <br /> and (d). In 2004, Mr. Congdon did file the small miner exemption required by federal <br /> law. (See Exhibit 217). However, he did not file the required affidavit of labor. Neither <br /> party disputes that a forfeiture of the White Banks Claims was declared by the BLM by <br /> 14 <br />