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Code of Federal Regulations Title 43. Public Lands:  Interior § 43.3835.1 How do I qualify for a waiver?

Current as of October 02, 2022 | Updated by FindLaw Staff

(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.

(b) Soldiers' and Sailor's Civil Relief Act

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

(c) Reclamation

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.

(d) Denial of Access

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.

(e) Mineral Patent Application

You have submitted an application for a mineral patent under part 3860 and the Secretary has granted you a final certificate.
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Cite this article: FindLaw.com - Code of Federal Regulations Title 43. Public Lands:  Interior § 43.3835.1 How do I qualify for a waiver? - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-43-public-lands-interior/cfr-sect-43-3835-1/

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