# 43 CFR § 3835.1: How do I qualify for a waiver?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-43-3835.1

## Section

- **Citation:** 43 CFR § 3835.1
- **Heading:** How do I qualify for a waiver?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 43—Public Lands: Interior > Subtitle B—Regulations Relating to Public Lands > CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR > SUBCHAPTER C—MINERALS MANAGEMENT (3000) > PART 3835—WAIVERS FROM ANNUAL MAINTENANCE FEES > Subpart A—Filing Requirements

## Text

(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.

## Nearby sections

- [43 CFR § 3835.1 § 3835.1 How do I qualify for a waiver?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3835.1.md)
- [43 CFR § 3835.10 § 3835.10 How do I request a waiver?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3835.10.md)
- [43 CFR § 3835.11 § 3835.11 What special filing and reporting requirements pertain to the different types of waivers?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3835.11.md)
- [43 CFR § 3835.12 § 3835.12 What are my obligations once I receive a waiver?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3835.12.md)
- [43 CFR § 3835.13 § 3835.13 How long do the waivers last and how do I renew them?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3835.13.md)
- [43 CFR § 3835.14 § 3835.14 How do I submit a small miner waiver request for newly-recorded mining claims?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3835.14.md)
- [43 CFR § 3835.15 § 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?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3835.15.md)
- [43 CFR § 3835.16 § 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?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3835.16.md)
- [43 CFR § 3835.17 § 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?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3835.17.md)
- [43 CFR § 3835.20 § 3835.20 Transferring, selling, inheriting, or otherwise conveying mining claims or sites already subject to a waiver.](https://www.frixlaw.com/law-library/statutes/ecfr-43-3835.20.md)
- [43 CFR § 3835.31 § 3835.31 When do I file an annual FLPMA document?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3835.31.md)
- [43 CFR § 3835.32 § 3835.32 What should I include when I submit an affidavit of assessment work?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3835.32.md)
- [43 CFR § 3835.33 § 3835.33 What should I include when I submit a notice of intent to hold?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3835.33.md)
- [43 CFR § 3835.91 § 3835.91 What if I fail to file annual FLPMA documents?](https://www.frixlaw.com/law-library/statutes/ecfr-43-3835.91.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-43-3835.1. Check the current official text before relying on it. Not legal advice.