3835.1—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. |
| (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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Code of Federal Regulations
829
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