43 CFR Part 3835

§ 3834.23

43 CFR Ch. II (10–1–15 Edition)

§ 3834.23 When do I start paying the
adjusted fees?
(a) In the case of a CPI adjustment
required by 30 U.S.C. 28j(c), you must
pay the adjusted initial maintenance
and location fees when you record a
new mining claim or site located on or
after the September 1 that immediately follows the date BLM published
its notice about the adjustment.
(b) In the case of adjustments required by other statute, you must pay
the adjusted initial maintenance and
location fees for a new mining claim or
site as provided in the statute.
(c) For previously recorded mining
claims and sites, you must pay the
CPI-based adjusted maintenance fee on
or before the September 1 that immediately follows the date BLM published
its notice about the adjustment.
(d)
Notwithstanding
43
CFR
3830.91(a)(3) and 3830.96, in any year in
which BLM adjusts the maintenance
and location fees, if you pay the fees
timely, but pay an amount based on
the fee in effect immediately before the
adjustment was made, BLM will send
you a notice, as provided in § 3830.94,
giving you 30 days in which to pay the
additional amount required to meet
the adjusted fees. If you do not pay the
additional amount due within 30 days
after the date you received the notice,
you will forfeit the affected mining
claims or sites.

year, what must I do if I want to pay the
maintenance fee for the following assessment year?
3835.17 What additional requirements must
I fulfill to obtain a small miner waiver
for my mining claims or sites on National Park System lands?

Subpart B—Conveying Mining Claims or
Sites Under Waiver
3835.20 Transferring, selling, inheriting, or
otherwise conveying mining claims or
sites already subject to a waiver.

Subpart C—Annual FLPMA Documents
3835.30 Annual FLPMA documents.
3835.31 When do I file an annual FLPMA
document?
3835.32 What should I include when I submit
an affidavit of assessment work?
3835.33 What should I include when I submit
a notice of intent to hold?

Subpart D—Defective Waivers and FLPMA
Filings
3835.90 Failure to comply with this part.
3835.91 What if I fail to file annual FLPMA
documents?
3835.92 What if I fail to submit a timely
waiver request?
3835.93 What happens if BLM finds a defect
in my waiver request?
AUTHORITY: 30 U.S.C. 22, 28, 28f–28k; 43
U.S.C. 2, 1201, 1457, 1701 et seq.; 50 U.S.C. App.
501, 565; 115 Stat. 414.
SOURCE: 68 FR 61073, Oct. 24, 2003, unless
otherwise noted.

[70 FR 52030, Sept. 1, 2005]

Subpart A—Filing Requirements

PART 3835—WAIVERS FROM
ANNUAL MAINTENANCE FEES

§ 3835.1

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Subpart A—Filing Requirements
Sec.
3835.1 How do I qualify for a waiver?
3835.10 How do I request a waiver?
3835.11 What special filing and reporting requirements pertain to the different types
of waivers?
3835.12 What are my obligations once I receive a waiver?
3835.13 How long do the waivers last and
how do I renew them?
3835.14 How do I submit a small miner waiver request for newly-recorded mining
claims?
3835.15 If I qualify as a small miner, how do
I apply for a waiver if I paid the maintenance fee in the last assessment year?
3835.16 If I am a qualified small miner, and
I obtained a waiver in one assessment

How do I qualify for a waiver?

(a) Under certain conditions, you
may qualify for a waiver from the annual maintenance fee requirements.
You cannot obtain a waiver from service charges, the location fee, the initial
maintenance fee, or the $550 oil shale
fee.
(b) The following table lists the types
of waivers available and how you qualify for them (detailed requirements for
each category appear in § 3835.10):
Type of waiver

Qualifications

(a) Small Miner ......

All related parties must hold no more
than a total of 10 mining claims or
sites nationwide, not including oil
shale claims; and All co-claimants
must qualify for the small miner
waiver.

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Bureau of Land Management, Interior

§ 3835.11

Type of waiver

Qualifications

(b) Soldiers’ and
Sailor’s Civil Relief Act.
(c) Reclamation ......

You and all co-claimants must be military personnel on active duty status.

(d) Denial of Access

(e) Mineral Patent
Application.

§ 3835.10

Maintenance fees are waived for your
mining claims or sites that are undergoing final reclamation under subparts 3802, 3809, or 3814, if you do
not intend to continue mining, milling,
or processing operations on those
sites.
You have received a declaration of taking or a notice of intent to take from
the National Park Service (NPS) or
other Federal agency; or the United
States has otherwise denied you access to your mining claim or site.
You have submitted an application for
a mineral patent under part 3860
and the Secretary has granted you a
final certificate.

How do I request a waiver?

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(a) You must submit BLM’s waiver
certification form on or before September 1 of each assessment year for
which you are seeking a waiver. You
must submit your waiver on or before
September 1 for BLM to exempt your
claims or sites from the annual maintenance fee requirement that is due on
the same date. You may have an agent
submit a waiver form on your behalf if
you file or have filed with BLM a power
of attorney or other legal documentation which shows that the agent is acting on your behalf.
(b) All waiver requests must include:
(1) The names and addresses of all
claimants who maintain an interest in
the mining claims or sites listed on the
waiver document;
(2) The original signatures of the
claimants of the mining claims or sites
who are requesting the waiver, or the
original signature of the authorized
agent of the owner or owners of those
mining claims or sites;
(3) The names of the mining claims
or sites for which you request a waiver;
(4) The serial numbers, if available,
that BLM assigned to the mining
claims or sites; and
(5) The date the maintenance fee was
due from which you are seeking a waiver.

§ 3835.11 What special filing and reporting requirements pertain to the
different types of waivers?
(a) Small miner waivers. Small miner
waiver requests must include a declaration that:
(1) You and all related parties hold
no more than a total of 10 mining
claims and sites nationwide;
(2) You have completed or will complete all assessment work required by
the General Mining Law and part 3836
of this chapter to maintain your claims
by the end of the applicable assessment
year.
(3) If you were not required to perform assessment work in the previous
assessment year, you must include the
reason why assessment work was not
required in your certification, whether
it is because:
(i) Your claim was located in that assessment year;
(ii) You paid a maintenance fee to
maintain your claim during that assessment year;
(iii) Assessment work was deferred
for that year; or
(iv) Any other reason recognized
under Federal law.
(b) Soldiers’ and Sailors’ Civil Relief Act
waivers. Your application for waiver
must include a notice of active military service or entry into active military service. You must also notify
BLM in writing when you leave active
duty status.
(c) Reclamation waivers. Your application must include a certified and/or notarized statement that:
(1) States that you are reclaiming
the mining claims or sites;
(2) States your intent to end mining
operations on the claims or sites permanently; and
(3) References a reclamation plan
that you submitted to BLM or that
BLM approved; or references a reclamation plan approved by a surface
managing agency other than BLM.
(d) Denial-of-access waivers. (1) Your
application must include a statement
that you have received a declaration of
taking or a notice of intent to take
from the National Park Service or
other Federal agency or have otherwise
been denied access to your mining
claim or site in writing by the surface
management agency or a court.

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§ 3835.12

43 CFR Ch. II (10–1–15 Edition)

(2) You must submit copies of all official documents you have received that
demonstrate the declaration of taking,
notice of intent to take, or denial of
access.
(3) Applying for National Park Service (NPS) approval of a complete plan
of operations does not justify your denial-of-access waiver. While the NPS is
reviewing your plan of operations, or if
the NPS disapproves it but has not denied you access, or issued a declaration
of taking or a notice of intent to take,
you must pay the annual maintenance
fee.
(e) Contest actions. If the Secretary
contests your mining claim or site
under part 4 of this title, you must
maintain the mining claim or site

until the Department of the Interior
issues a final decision.
(f) Appeals. If you forfeit your mining
claim or site and you file an appeal
under part 4 of this title and the Interior Board of Land Appeals stays
BLM’s voidance decision, you must
maintain your mining claim or site
through the appeals process.
§ 3835.12 What are my obligations once
I receive a waiver?
If BLM allows you the waiver, you
must then perform annual assessment
work on time and file annual FLPMA
documents. You will find more information about annual FLPMA documents in § 3835.30 of this part, and
about assessment work in part 3836 of
this chapter.

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§ 3835.13 How long do the waivers last and how do I renew them?
The following table states how long waivers last and explains how to renew
them:
Type of waiver

Duration

Renewal requirements

(a) Small Miner ................

One assessment year ..........................................

(b) Soldiers’ and Sailors’
Civil Relief Act.
(c) Reclamation ...............

Until six months after you are released from active duty status or from a military hospital,
whichever is later.
One assessment year ..........................................

(d) Denial of Access ........

One assessment year ..........................................

(e) Mineral Patent Application with Final Certificate.

Until patent issues or the final certificate is canceled. BLM will not refund previously deposited annual maintenance fees to a mineral patent applicant.

Apply for a small miner waiver by each September 1.
Your waiver is automatically renewed if you continue to meet the qualifications. You must notify BLM when you leave active duty status.
Apply for a reclamation waiver by each September 1.
Apply for waiver certification by each September
1.
None. If the final certificate is canceled, you
must pay the required fees beginning on the
September 1 immediately following the cancellation or file a different form of waiver if you
qualify.

§ 3835.14 How do I submit a small
miner waiver request for newly-recorded mining claims?
In order to obtain a small miner
waiver for newly-recorded mining
claims, you must—
(a)(1) Submit the waiver request on
or before September 1; or
(2) If the mining claim or site was located before September 1 and recorded
after September 1 in a timely manner,
you must submit the waiver request at
the time of recording the mining claim
or site with BLM, and
(b) File on or before the December 30
immediately following the September
1st for which you applied for a waiver
a notice of intent to hold the mining

claim or site. The Mining Law does not
require you to perform assessment
work in the assessment year in which
you locate a mining claim. The notice
of intent to hold must conform to
§§ 3835.31 through 3835.33.
[68 FR 61064, Oct. 24, 2003; 68 FR 74197, Dec.
23, 2003]

§ 3835.15 If I qualify as a small miner,
how do I apply for a waiver if I paid
the maintenance fee in the last assessment year?
You must submit a waiver request
complying with § 3835.10 before the assessment year begins for which you
wish to obtain a waiver. In addition,
you must—

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Bureau of Land Management, Interior

§ 3835.31

(a) Make a FLPMA filing, in the form
of a notice of intent to hold under
§§ 3835.31 and 3835.33 of this part on or
before December 30th immediately following the submission of a waiver request;
(b) Perform your assessment work in
the assessment year for which BLM
waived the maintenance fee; and
(c) Make a FLPMA filing in the form
of an affidavit of assessment work
under §§ 3835.31 and 3835.33 of this part
on or before the December 30th immediately following the close of the assessment year in which you performed
assessment work.
[68 FR 61064, Oct. 24, 2003; 68 FR 74197, Dec.
23, 2003]

§ 3835.16 If I am a qualified small
miner, and I obtained a waiver in
one assessment year, what must I
do if I want to pay the maintenance
fee for the following assessment
year?
(a) You must perform the required
assessment work in the assessment
year for which you obtained a waiver
from payment of the annual maintenance fee, and file the annual FLPMA
document required by the December
30th immediately following the payment of the maintenance fee; and
(b) You must pay the maintenance
fee by the proper deadline for the following assessment year.

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§ 3835.17 What
additional
requirements must I fulfill to obtain a
small miner waiver for my mining
claims or sites on National Park
System lands?
(a) Before performing assessment
work on National Park System lands,
you must submit and obtain the National Park Service (NPS)’s approval of
a complete plan of operations in compliance with regulations at 36 CFR
parts 6 and 9. Your proposed activities
must further the ultimate commercial
mineral development of each claim,
such as delineation of the mineral deposit or commencement of production.
Once you submit a proposed plan, NPS
will evaluate the plan, conduct a validity exam if necessary, and either approve or disapprove the plan.
(b)(1) If NPS approves your plan of
operations, by the September 1 on

which you want to submit a small
miner waiver request you must:
(i) Post a reclamation bond with
NPS;
(ii) Begin the approved activity; and
(iii) Submit a waiver request complying with § 3835.10 before the assessment year begins for which you wish to
obtain a waiver.
(2) By December 30, you must file
your affidavit of assessment work for
the mining claims and a notice of intent to hold for your mill or tunnel
sites.
(c) If NPS does not approve your proposed plan of operations by July 1, to
allow you sufficient time to conduct
assessment work before September 1,
you may—
(1) Pay BLM the maintenance fees by
September 1;
(2) Petition BLM before September 1
for a deferment of assessment work; or
(3) Submit a request for a lack of access waiver.

Subpart B—Conveying Mining
Claims or Sites Under Waiver
§ 3835.20 Transferring, selling, inheriting, or otherwise conveying mining claims or sites already subject
to a waiver.
(a) If you purchase, inherit, or otherwise obtain mining claims or sites that
are subject to a waiver, you must also
qualify for the waiver in order for BLM
to continue to apply the waiver to the
mining claims you have received in the
transfer; or
(b) If you purchase, inherit, or otherwise obtain mining claims or sites that
are subject to a waiver and you do not
qualify for the waiver, you must pay
the annual maintenance fee by the September 1 following the date the transfer became effective under state law.

Subpart C—Annual FLPMA
Documents
§ 3835.30

Annual FLPMA documents.

§ 3835.31 When do I file an annual
FLPMA document?
(a) If you must file an annual
FLPMA document as required in paragraph (d) of this section, you must file
your annual FLPMA documents with

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§ 3835.32

43 CFR Ch. II (10–1–15 Edition)

BLM on or before the December 30th of
the calendar year in which the assessment year ends. (For example, if the
assessment year ends on September 1,
2003, you must file your annual FLPMA
document no later than December 30,
2003.)
(b) If part 3836 of this chapter requires you to perform assessment
work, you must file an affidavit of assessment work. You do not need to
complete assessment work in the assessment year when you located your
claim. (For example, if you locate a
claim on September 2, 2002, you first
need to perform assessment work
sometime between September 2, 2003,
and September 1, 2004.)

(c) If part 3836 of this chapter does
not require you to perform assessment
work, either because you located the
claim during the current assessment
year or because BLM has deferred assessment work, you must submit a notice of intent to hold under §§ 3835.32
and 3835.33 of this part as an annual
FLPMA document filing. You must
state in the notice of intent to hold either that BLM has deferred the assessment work requirement or that you located the claim during the current assessment year.
(d) The following table describes the
circumstances under which you must
file annual FLPMA documents:
Notice of intent to hold
required

Your situation

Affidavit of assessment work required

(1) You have paid annual maintenance
fees.
(2) You have an oil shale placer claim ....

No .............................................................

No.

No .............................................................

(3) You have a small miner waiver that
covers mining claims.

Yes, by December 30 for each assessment year you obtained a small miner
waiver.
No affidavit assessment work is required
for mill or tunnel sites.
No .............................................................

Yes, by December 30 of each year you
must pay the $550 oil shale fee.
Yes, but only as described in paragraph
(c) of this section.

(4) You have a small miner waiver that
covers mill or tunnel sites.
(5) You have a Soldiers and Sailor’s Civil
Relief Act Waiver.
(6) You have a reclamation waiver ..........
(7) You have a waiver because you have
been denied access.
(8) You have a deferment of assessment
work.
(9) You have applied for a mineral patent
and BLM has issued a final certificate.

Yes, notices of intent to hold are required for mill and tunnel sites.
No.

No .............................................................
No .............................................................

Yes.
Yes.

No .............................................................

Yes, but only as described in paragraph
(c) of this section.
No.

No .............................................................

[68 FR 61064, Oct. 24, 2003; 68 FR 74197, Dec. 23, 2003]

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§ 3835.32 What should I include when I
submit an affidavit of assessment
work?
When you submit an affidavit of assessment
work
as
required
in
§ 3835.31(d), you must include the following:
(a) The name and, if available, the
BLM serial number of the claim for
which you did assessment work;
(b) Any known changes in the mailing addresses of the claimants;
(c) A processing fee for each mining
claim affected. (See the table of service
charges and fees in § 3830.21 of this
chapter); and
(d) An exact legible reproduction or
duplicate, other than microfilm or
other electronic media, of either:

(1) The affidavit of assessment work
that you filed or will file in the county
where the claim is located; or
(2) The report of geological, geochemical, and geophysical surveys you
filed in the county where the claim is
located, as provided for in part 3836 of
this chapter.
[68 FR 61064, Oct. 24, 2003, as amended at 70
FR 58879, Oct. 7, 2005]

§ 3835.33 What should I include when I
submit a notice of intent to hold?
When you submit a notice of intent
to hold as required in § 3835.31(d), you
must include the following:
(a) An exact legible reproduction or
duplicate of a letter or other notice
with signatures of one or more of the

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Bureau of Land Management, Interior

Pt. 3836

claimants or their agent that states
your intention to hold the mining
claims or sites for the calendar year in
which the assessment year ends, and
that you filed or will file a notice of intent to hold in the county where the
claim is located;
(b) If applicable:
(1) A copy of a BLM decision granting
a deferment of the annual assessment
work;
(2) A copy of a pending petition for
deferment of the annual assessment
work including the date you submitted
the petition; or
(3) Any other documentation in the
notice of intent to hold supporting why
you are filing a notice of intent to hold
instead of an assessment work filing;
(c) The name and, if available, the
BLM serial number of the mining
claim or site;
(d) Any known changes in the mailing addresses of the claimants; and
(e) A processing fee for each mining
claim or site affected. (See the table of
service charges and fees in § 3830.21 of
this chapter.)

§ 3835.93 What happens if BLM finds a
defect in my waiver request?

§ 3835.91 What if I fail to file annual
FLPMA documents?

(a) BLM will send you a notice describing the defect by certified mail-return receipt requested at the most recent address you gave us on—
(1) Your notice or certificate of location;
(2) An address correction you have
filed with BLM;
(3) A valid transfer document filed
with BLM; or
(4) The waiver request form.
(b) If the certified mail is delivered
to your most recent address of record,
this constitutes legal service even if
you do not actually receive the notice
or decision. (See 43 CFR 1810.2.)
(c) You must cure the defective waiver or pay the annual maintenance fees
within 60 days of receiving BLM notification of the defects, or forfeit the
claim or site.

If you fail to file an annual FLPMA
document by December 30, as required
in § 3835.31(d), you forfeit the affected
mining claims or sites.

PART 3836—ANNUAL ASSESSMENT
WORK REQUIREMENTS FOR MINING CLAIMS

§ 3835.92 What if I fail to submit a
timely waiver request?

Subpart A—Performing Assessment Work

[68 FR 61064, Oct. 24, 2003, as amended at 70
FR 58879, Oct. 7, 2005]

Subpart D—Defective Waivers and
FLPMA Filings
§ 3835.90 Failure to comply with this
part.

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(c) If you fail to cure any defects in
your timely waiver request or pay the
maintenance fee within the allowed
time after BLM notifies you of the defects, you forfeit the affected mining
claims or sites.
(d) If you, a co-claimant, or any related parties, submit small miner waiver requests for more than 10 mining
claims or sites and fail to pay the $100
maintenance fee for each claim on or
before the due date, you forfeit the
mining claims and sites and you may
be subject to criminal penalties under
18 U.S.C. 1001.

(a) If you fail to submit a qualified
waiver request (see § 3835.1) and also
fail to pay an annual maintenance fee
by September 1st, you forfeit the affected mining claims or sites.
(b) If you fail to list any mining
claims or sites that you and all related
parties own on your small miner waiver request and fail to pay an annual
maintenance fee by September 1st, you
forfeit the unlisted mining claims or
sites.

Sec.
3836.10 Performing assessment work.
3836.11 What are the general requirements
for performing assessment work?
3836.12 What work qualifies as assessment
work?
3836.13 What are geological, geochemical, or
geophysical surveys?
3836.14 What other requirements must geological, geochemical, or geophysical surveys meet to qualify as assessment
work?
3836.15 What happens if I fail to perform required assessment work?

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