Mining

Small Miner Exemption

A waiver of the annual BLM maintenance fee for a claimant who, with all related parties, holds 10 or fewer mining claims and sites and performs annual assessment work instead.

Detailed Definition

The small miner exemption, which BLM's regulations call the small miner waiver, lets a claimant with 10 or fewer mining claims and sites perform assessment work instead of paying the annual maintenance fee of $200 per lode claim or site, or per 20 acres of placer (43 CFR 3830.21(d)).

The statute

Under 30 U.S.C. 28f(d), the fee may be waived for a claimant who certifies in writing that on the date the payment was due, the claimant and all related parties "held not more than 10 mining claims, mill sites, or tunnel sites, or any combination thereof, on public lands," and performed the assessment work required for the assessment year ending at noon on September 1. Related parties are the claimant's spouse and dependent children, and any person who controls, is controlled by, or is under common control with the claimant.

Who qualifies (43 CFR 3835.1)

  • All related parties together hold no more than 10 mining claims or sites nationwide, not counting oil shale claims
  • All co-claimants also qualify

How to file

  • Submit BLM's waiver certification form on or before September 1 of each assessment year (43 CFR 3835.10). BLM's brochure "Mining Claims and Sites on Federal Lands" says waivers "must be filed in person or via mail delivery."
  • Declare that the claimant and related parties hold no more than 10 mining claims and sites, and that required assessment work has been or will be completed (43 CFR 3835.11(a)).
  • Spend at least $100 in labor or improvements per mining claim each assessment year (30 U.S.C. 28; 43 CFR 3836.11). Qualifying work includes drilling, excavations, sampling, road construction, and geological, geochemical, and geophysical surveys, with limits on how often surveys may count (43 CFR 3836.12, 3836.14).
  • File an affidavit of assessment work, or a notice of intent to hold where no work was yet required, with BLM by December 30 (43 CFR 3835.31). Mill and tunnel sites under a waiver need a notice of intent to hold.

The waiver lasts one assessment year and must be renewed "by each September 1" (43 CFR 3835.13). It does not cover service charges, the location fee, or the initial maintenance fee (43 CFR 3835.1(a)).

How it fails

  • No waiver and no fee by September 1: the mining claims are forfeited (43 CFR 3835.92(a)).
  • Mining claims left off the waiver and not paid for are forfeited (43 CFR 3835.92(b)).
  • A defective waiver must be cured, or the fee paid, within 60 days of BLM's notice (43 CFR 3835.93(c)).
  • A missed December 30 filing forfeits the mining claims (43 CFR 3835.91).

Why it matters in mining claim research

Mining claims held under a waiver depend on filings with both BLM and the county, and on work actually done. Research on them checks each year's waiver and each year's affidavit, and counts every mining claim held by the owner and related parties nationwide.