C.F.R. » Title 43 » CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER C—MINERALS MANAGEMENT (3000) › PART 3830—ADMINISTRATION OF MINING CLAIMS AND SITES; GENERAL PROVISIONS › Subpart E—Failure To Comply With These Regulations

43 C.F.R. § 3830.93

When are defects curable?

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(a) If there is a defect in your compliance with a statutory requirement, the defect is incurable if the statute does not give the Secretary authority to permit exceptions (see § 3830.91(a) and (b) of this chapter). If your payment, recording, or filing has incurable defects, the affected mining claims or sites are statutorily forfeited.

(b) If there is a defect in your compliance with a regulatory, but not statutory, requirement, the defect is curable. You may correct curable defects when the BLM gives you notice. If you fail to cure the defect within the time the BLM allows, you will forfeit your mining claims or sites. Failure to pay the required fees with your documents will result in your document not being accepted for filing, and the failure to pay such fees is not a curable defect. See 43 CFR 3000.10(b).

[90 FR 42331, Sept. 2, 2025]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2009–2025 · leading case: Pete Lien & Sons, Inc. v. Zellmer, 2015 SD 30 (S.D. 2015).
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Pete Lien & Sons, Inc. v. Zellmer, 2015 SD 30 (S.D. 2015). · cites it 2× “43 C.F.R. § 3830.93 (a) (2014). ' [¶ 25.] II.”
Miller v. U.S. Dep't of the Interior, 635 F. Supp. 2d 1224 (D. Colo. 2009). · cites it 3× “” 43 C.F.R. § 3830.93 (b). 2. IBLA Order In its order of July 15, 2008, in which it upheld BLM’s decision, the IBLA stated: The Board acknowledges the long history of litigation and frustration surrounding the Millers’ efforts to develop the Robin Redbreast claim as described in…”
Miller v. Us Dept. of Interior, 635 F. Supp. 2d 1224 (D. Colo. 2009). · cites it 3× “" 43 C.F.R. § 3830.93 (b). 2. IBLA Order In its order of July 15, 2008, in which it upheld BLM's decision, the IBLA stated: The Board acknowledges the long history of litigation and frustration surrounding the Millers' efforts to develop the Robin Redbreast claim as described in…”
Saltzman v. United States Dep't of the Interior (D. Ariz. 2025). “For example, Plaintiff cites 15 to 43 C.F.R. § 3830.93 that permits a mining claim holder to “correct curable defects when 16 BLM gives you notice,” but it does not dictate when BLM must give that notice.”
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