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1994 Interior Dec. (IBLA) 137 (1994)

handle is hein.amindian/ibla1994 and id is 1 raw text is: LEE H. AND GOLDIE E. RICE IBLA 94-68 Decided January 7, 1993 Appeal from a decision of the Arizona State Office, Bureau of Land Management, denying a small miner exemption from the payment of rental fees for assessment year 1992-93 and declaring an exemption request for the 1993-94 assessment year moot. A MC 71962-64, A MC 71966-67, A MC 71970. Decision affirmed; mining claims deemed abandoned and void; petitior for stay denied as moot. 1. Mining Claims: Rental or Claim Maintenance Fees: Generally--Mining Claims: Rental or Claim Maintenance Fees: Small Miner Exemption in order to qualify for a small miner exemption under the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1993, P.L. 102-381, 106 Stat. 1378-79 (1992), and 43 CFR 3833.1-6(a) (58 FR 38199 (July 15, 1993)), a claimant must hold 10 or fewer mining claims, millsites, and tunnel sites on Federal lands. Where BLM records disclosed that on Aug. 31, 1993, a mining claimant seeking a small miner exemption held in excess of 10 mining claims on such lands, and where on appeal the claimant failed to provide any evidence to show otherwise, BLM's decision denying the exemption was properly affirmed. 2. Mining Claims: Abandonment--Mining Claims: Rental or Claim Maintenance Fees: Generally--Mining Claims: Rental or Claim Maintenance Fees: Small Miner Exemption Responsibility for satisfying the rental fee requirement of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1993, P.L. 102-381, 106 Stat. 1378-79 (1992), resides with the owner of the unpatented mining claim, millsite or tunnel site, as Congress has mandated that failure to make the annual payment of the claim rental fee as required by the Act shall conclusively constitute an abandonment of the unpatented mining claim, millsite or tunnel site by the claimant. In the absence of a small miner exemption, an unpatented mining claim is deemed abandoned and void when there is no evidence of timely payment of the claim rental fee. 128 IBLA 137

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