Small Miner Exemption
An exemption from the annual BLM maintenance fee for claimants holding 10 or fewer mining claims who perform assessment work instead.
Detailed Definition
The small miner exemption (also called the small miner waiver) is a provision that allows mining claimants holding 10 or fewer claims nationwide to be exempted from paying the annual BLM maintenance fee, provided they perform the required assessment work instead.
Eligibility requirements: - Claimant (including affiliates) must hold 10 or fewer mining claims or sites nationwide - Assessment work of at least $100 per claim per year must be performed - A waiver certification must be filed with BLM by September 1 each year - An affidavit of assessment work must be filed by December 30
What qualifies as assessment work: - Physical labor on the claim (excavation, sampling, surveying) - Geological or geophysical studies - Core drilling and assaying - Road construction for mine access - Other work that tends to develop or benefit the claim
Filing requirements: - Small Miner Waiver Certification (filed annually by September 1) - Affidavit of Annual Assessment Work (filed by December 30) - Both documents filed with the appropriate BLM state office
Important notes: - The $50 initial location fee is NOT waived - Failure to file the waiver by September 1 results in forfeiture - The 10-claim limit includes all claims held by the individual and affiliated entities - The waiver must be filed every year; it does not carry over
The small miner exemption recognizes that individual prospectors and small operators may lack the financial resources to pay maintenance fees on their claims.
Related Terms
BLM
The Bureau of Land Management, the federal agency that administers public lands including mining claim filings and maintenance.
Unpatented Claim
A mining claim that has not been converted to private ownership; the federal government retains title to the land.
Assessment Work
Annual labor or improvements worth at least $100 per claim, required to maintain an unpatented mining claim as an alternative to maintenance fees.
Maintenance Fee
The annual fee paid to the BLM to maintain an unpatented mining claim, currently $200 per claim (2025).