PERMFILE122881

• Permit No: M2002003
• IBM Index Class Name: Permit File
• Doc Date: 2/19/2002
• Doc Name: Response to Joel & Margaret Wehkings letter
• From: Georgia Rubeck - Walt Rubeck
• To: DMG
• Media Type: D
• Archive: No

work for a limited period. However, a require-
went for use of these surveys is the filing of a
detailed report, including basic findings. Most
State laws require the annual filing of an affidavit
of assessment work with the proper county.
Also, FLPMA requites the filing of an affidavit
of annual assessment work with both the local
county office ~i the proper BLM STATE
OFFICE.
Assessment work is not a requirement for owner's
of mill or tunnel sites. However, they must file a
notice of intention to hold the site(s) with the
BLM. For mill sites and tunnel-sites, filing with
the county is not required.
Performance of assessment work must be within
a certain period referred to as the assessment
year. The assessment year begins at noon,
September 1. It ends at noon, September 1, of
the nextyeaz (see 43 CFR 3833.0-5[n]). Perfor-
mance of assessment work need not occur during
the first assessment yeaz of location. However,
for claims located between September 1 and
December 31, the claimant must file a nonce of
intention to hold the claim with the BLM by
December 30 of the following calendar yeaz. The
claimant muse file either (1) a notice of intention
to hold or (2) evidence of annual assessment
work in the proper BLM State Office on or
before December 30 of the calendaz yeaz follow-
ing the calendaz year of the location of the claim,
mill site, or tunnel site. .
There is no requirement for filing evidence of
assessment work or a notice of intention to hold a
claim upon issuance of the first half mineral entry
final certificate for a mineral patent. However,
these requirements are reinstated upon cancella-
tion of the final certificate by the BLM or upon
withdrawal of the application by the claimant.
20
lands and the Forest Service manages the surface
of National Forest System lands. The BLM is
responsible for the subsurface on both public
lands and National Forest System lands.
You may prospect and locate claims and sites on
lands open to mineral entry. Claims may not be
staked in areas closed to mineral entry by a
special act of Congress, regulation, or public land
order. These areas are withdrawn from the
operation of the mining laws.
Areas withdrawn from location of mining claims
include National Parks, National Monuments,
Indian reservations, most reclamation projects,
military reservations, scientific testing areas,
most wildlife protection areas (such as Federal
wildlife refuges), and lands withdrawn from
mineral entry for other reasons. Lands with-
drawn for power development may be subject to
mining location and entry only under certain
conditions. Mining claims may not be located on
lands that have been (1) designated by Congress
as part of the National Wilderness Preservation
System, (2) designated as a wild portion of a
Wild and Scenic River, or (3) withdrawn by
Congress for study as a Wild and Scenic River.
There is usually a 1/4-mile buffer zone with-
drawn from location of mining claims on either
side of a river while the river is being studied for
inclusion in the Wild and Scenic Rivers System.
Additions to the National Wilderness Preserva-
Uon System are withdrawn to mining claim
location at the time of designation by Congress.
Mining activities are permitted only on those
mining claims that can show proof of a discovery
either (1) by December 31, 1983, or (2) on the
date of designation as wilderness by Congress.
Staking a Mining Claim or Site
Federal law simply specifies that claim bound-
atiesmust bedistinctly and cleazly mazked to be
readily identifiable on the ground. The mining
13