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1980 Interior Dec. (IBLA) 1 (1980)

handle is hein.amindian/ibla1980 and id is 1 raw text is: Editor's note: Overruled to the extent inconsistent with Harvey A. Clifton, 60 IBLA 29 (Nov. 16,
1981)
WILLENE MINNIER
IBLA 79-312                                   Decided January 8, 1980
Appeal from decision of the Oregon State Office, Bureau of Land Management, declaring
mining claims abandoned and void. OR MC 0821 (Wash) through OR MC 0826 (Wash).
Affirmed.
1.   Federal Land Policy and Management Act of 1976: Assessment Work
-- Mining Claims: Abandonment -- Mining Claims: Assessment Work
Where the owner of an unpatented mining claim located prior to Oct.
21, 1976, fails to file an affidavit of assessment work or notice of
intention to hold the claim on or before Dec. 31 of the calendar year
following the calendar year in which the claim was recorded in the
BLM office, the claim is properly deemed conclusively to have been
abandoned.
2.    Notice: Generally -- Regulations: Generally
All persons dealing with the Government are presumed to have
knowledge of duly promulgated regulations.
APPEARANCES: Willene Minnier, pro se.
OPINION BY ADMINISTRATIVE JUDGE BURSKI
Willene Minnier has appealed from a decision, dated March 20, 1979, of the Oregon State
Office, Bureau of Land Management (BLM), holding mining claims OR MC 0821 (Wash) through OR
MC 0826 (Wash) void for failure to timely file an affidavit of assessment work or notices of intention to
hold the claims as required by section 314 of the Federal Land Policy and Management Act of 1976
(FLPMA), and the pertinent regulations 43 CFR 3833.201(b) and 3833.4.

45 TBLA 1

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