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1982 Interior Dec. (IBLA) 94 (1982)

handle is hein.amindian/ibla1982 and id is 1 raw text is: AL SHERMAN IBLA 82-144 Decided January 4, 1982 Appeal from decision of Oregon State Office, Bureau of Land Management, deeming an unpatented mining claim abandoned and void. OR 7065. Affirmed. 1. Federal Land Policy and Management Act of 1976: Recordation of Mining Claims and Abandonment--Mining Claims: Recordation Where a mining claim was located in Apr. 1970 and a copy of the official record of the notice of location was not filed with the proper BLM office on or before Oct. 22, 1979, the claim is properly declared abandoned and void pursuant to 43 U.S.C. § 1744(c) (1976). 2. Federal Land Policy and Management Act of 1976: Recordation of Mining Claims and Abandonment--Mining Claims: Abandonment The conclusive presumption of abandonment which attends the failure to file an instrument required by 43 U.S.C. § 1744 (1976), is imposed by the statute itself. A matter of law, it is self-operative and does not depend upon any act or decision of an administrative official. In enacting the statute, Congress did not invest the Secretary with authority to waive or excuse noncompliance with the statute, or to afford claimants any relief from the statutory consequences. APPEARANCES: Al Sherman, pro se. 61 IBLA 94

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