43 C.F.R. § 3830.21
What are the different types of fees?
The following table lists processing fees, location fees, and maintenance fees (all cross-references refer to this chapter):
| Transaction | Amount due per mining claim or site | Waiver available |
|---|---|---|
| (a) Recording a mining claim or site location (part 3833) | A total sum which includes: (1) The processing fee for notices of location found in the fee schedule in § 3000.12 of this chapter; | No. |
| (2) A one-time $49 location fee; and | ||
| (3)(i) For lode claims, mill sites and tunnel sites, an initial $200 maintenance fee; or | ||
| (ii) For placer claims, an initial $200 maintenance fee for each 20 acres of the placer claim or portion thereof. | ||
| (b) Amending a mining claim or site location (§ 3833.20) | The processing fee for amendment of location found in the fee schedule in § 3000.12 of this chapter | No. |
| (c) Transferring a mining claim or site (§ 3833.30) | The processing fee for transfer of mining claim/site found in the fee schedule in § 3000.12 of this chapter | No. |
| (d) Maintaining a mining claim or site for one assessment year (part 3834) | (1) For lode claims, mill sites and tunnel sites, an annual maintenance fee of $200 must be paid on or before September 1 each year | Yes. See part 3835. |
| (2) For placer claims, a $200 annual maintenance fee for each 20 acres of the placer claim or portion thereof must be paid on or before September 1 each year. | ||
| (e) Recording an annual FLPMA filing (§ 3835.30) | The processing fee for recording an annual FLPMA filing found in the fee schedule in § 3000.12 of this chapter | No. |
| (f) Submitting a petition for deferment of assessment work (§ 3836.20) | The processing fee for deferment of assessment work found in the fee schedule in § 3000.12 of this chapter | No. |
| (g) Recording a notice of intent to locate mining claims on Stockraising Homestead Act Lands (part 3838) | The filing fee for recording a notice of intent to locate mining claims on Stock Raising Homestead Act Lands found in the fee schedule in § 3000.12 of this chapter | No. |
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 2008–2025 · leading case: Silver Buckle Mines, Inc. v. United States, 132 Fed. Cl. 77 (Fed. Cl. 2017).
Silver Buckle Mines, Inc. v. United States, 132 Fed. Cl. 77 (Fed. Cl. 2017). “, 43 C.F.R. § 3830.21 (d)(1) (providing that the “annual maintenance fee” for unpatented nonplacer claims “must be paid on or before September 1 each year” (emphasis added)); id.”
Silver Buckle Mines, Inc. v. United States, 117 Fed. Cl. 786 (Fed. Cl. 2014). “2 (citing 43 C.F.R. § 3830.21 ). The table of fees promulgated at 34 C.”
Freeman v. United States, 83 Fed. Cl. 530 (Fed. Cl. 2008). “22 (2003); 43 C.F.R. § 3830.21 (2007). . On July 21, 2008, plaintiff filed a motion before the OHA amending its answer to admit the contest charge of invalidity as to 50 of the mining claims.”
Miller v. U.S. Dep't of the Interior, 635 F. Supp. 2d 1224 (D. Colo. 2009). “See 43 C.F.R. § 3830.21 (d). The statute also allows for a waiver of the fee upon application: “The claim maintenance fee required under this section may be waived for a claimant who certifies in writing to the Secretary that on the date the payment was due, the claimant and all…”
Saltzman v. United States (Fed. Cir. 2025). “See 43 C.F.R. § 3830.21 (d) (2011). As a result, the annual maintenance fee for a 20-acre placer mining claim was the same as the fee for a 160-acre claim.”
Saltzman v. United States (Fed. Cir. 2025). “See 43 C.F.R. § 3830.21 (d) (2011). As a result, the annual maintenance fee for a 20-acre placer mining claim was the same as the fee for a 160-acre claim.”
Miller v. Us Dept. of Interior, 635 F. Supp. 2d 1224 (D. Colo. 2009). “See 43 C.F.R. § 3830.21 (d). The statute also allows for a waiver of the fee upon application: "The claim maintenance fee required under this section may be waived for a claimant who certifies in writing to the Secretary that on the date the payment was due, the claimant and all…”
Saltzman v. United States (Fed. Cl. 2014). “§ 28f(a)(2); 43 C.F.R. § 3830.21 (2014). II. STANDARD OF REVIEW To avoid dismissal for failure to state a claim upon which relief may be granted under RCFC 12(b)(6), the complaint must contain facts sufficient to "'state a claim to reliefthat is plausible on its face.”
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