View all text of Subpart E [§ 3830.90 - § 3830.97]
§ 3830.94 - How may I cure a defect in my compliance with these regulations?
(a)(1) When the BLM determines that you have filed any document that is defective or you are not in compliance with a regulatory requirement, the BLM will attempt to notify you by certified mail, return receipt requested at the address you gave on:
(i) Your notice or certificate of location;
(ii) An address correction you have filed with the BLM; or
(iii) A valid transfer document filed with the BLM.
(2) The notice provided for in paragraph (a)(1) of this section constitutes legal service even if you do not actually receive the notice or decision. See § 1810.2 of this chapter.
(b) If you have timely filed any defective document other than a defective small miner fee waiver request, or you are not in compliance with a regulatory requirement, you must cure the defects or noncompliance within 30 days of receiving the BLM's notification of the defects.
(c) If you have timely filed a defective small miner fee waiver request, you must cure the defects or pay the annual maintenance fee within 60 days of receiving notification of the defects from the BLM. Failure to timely file a small miner fee waiver request without timely paying the annual maintenance fee is not a curable defect and will result in your claim or site being declared forfeited for failure to pay the fee. See 43 CFR 3835.92(a).
(d) If you fail to file a notice of intent to hold under 43 CFR 3835.31(c)(2), (3), and (4), you must file your notice of intent within 30 days of receiving the BLM's notification of the failure to file.
(e) If the BLM does not receive the requested information in the time allowed, or if the matter is statutorily not curable, you will receive a final decision from the BLM that you forfeited the affected mining claims or sites.
