43 C.F.R. § 3830.22

When will the BLM refund fees?

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(a) BLM will not refund processing fees, except for overpayments.

(b) BLM will refund maintenance and location fees if:

(1) At the time you or your predecessor in interest located the mining claim or site, the location was on land not open to mineral entry or otherwise not available for mining claim or site location; or

(2) At the time you paid the fees, the mining claim or site was void.

(c) BLM will apply maintenance and location fee overpayments to future years if you so request.

[68 FR 61064, Oct. 24, 2003, as amended at 90 FR 42336, Sept. 2, 2025]
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2009–2026 · leading case: Miller v. U.S. Dep't of the Interior, 635 F. Supp. 2d 1224 (D. Colo. 2009).
Miller v. U.S. Dep't of the Interior, 635 F. Supp. 2d 1224 (D. Colo. 2009). “” 43 C.F.R. § 3830.22 (b)(2). In light of Defendants’ claim that Plaintiffs’ mining claims became void on September 4, 2007, this money should have been refunded already.”
Durand v. Bernhardt (D.D.C. 2021). “§ 1744 (d) (noting that recording does not “render valid” any “otherwise” invalid claim); 43 C.F.R. § 3830.22 (b)(2) (allowing refunds of fees on claims later determined to be “void” when paid).”
Saltzman (D. Ariz. 2026). “4 Second, Plaintiff argues the BLM violated 43 C.F.R. § 3830.22 (b)(2) by accepting 5 the annual fee payments on his invalid mining claims.”
Miller v. Us Dept. of Interior, 635 F. Supp. 2d 1224 (D. Colo. 2009). “" 43 C.F.R. § 3830.22 (b)(2). In light of Defendants' claim that Plaintiffs' mining claims became void on September 4, 2007, this money should have been refunded already.”
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