Who qualifies for the BLM small miner waiver?

Claimants who, together with all related parties (spouse, partners, controlled companies), hold 10 or fewer mining claims, mill sites, and tunnel sites nationwide. Every co-owner of a claim must independently qualify.

How do I file the small miner waiver?

File Form 3830-2 (Maintenance Fee Waiver Certification) with the BLM state office on or before September 1. It requires original signatures, so it cannot be e-filed through MLRS; mail it or file in person. A postmark on or before September 1 counts for the waiver (unlike the fee, which must be received).

What does the waiver require instead of the fee?

Performing $100 of assessment work per claim during the assessment year, then filing an affidavit of that work with BLM on or before December 30 and recording it with the county recorder.

What happens if I miss the December 30 affidavit deadline?

The waiver alone does not hold the claim. Missing the affidavit filing puts waived claims at risk of forfeiture even though the waiver itself was filed on time.

Can newly staked claims use the small miner waiver?

Newly recorded claims generally owe the initial maintenance fee at recording, and special waiver rules apply under 43 CFR 3835.14. Verify with your BLM state office before assuming coverage.

The Small Miner Waiver, Explained: Skip the $200 Fee Without Losing Your Claims

Hold 10 or fewer mining claims nationwide? You can file a waiver instead of paying the $200/claim maintenance fee by September 1, 2026. But the waiver trades one payment for three obligations, and getting any of them wrong voids the claim just as dead as an unpaid fee.

Who qualifies

You, together with all related parties (spouse, business partners, corporations you control), hold 10 or fewer mining claims, mill sites, and tunnel sites on federal land nationwide. The 11th claim anywhere, under any related name, disqualifies all of them. Co-owned claims: every co-owner must qualify.

What the waiver actually requires

File Form 3830-2 (Maintenance Fee Waiver Certification) by September 1. Paper only: BLM requires original signatures, so it cannot be e-filed through MLRS. Mail it or hand it to the BLM state office that administers your claims. Unlike the fee itself, a waiver postmarked on or before September 1 counts.
Perform $100 of assessment work per claim during the assessment year (labor or improvements that benefit the claim: sampling, drilling, road work to the claim, geological surveys).
File the affidavit of assessment work with BLM on or before December 30 following the assessment year, and record it with your county recorder as your state requires. This is the filing people forget: the waiver alone does not hold the claim.

Authority: 43 CFR Part 3835 (waivers) and Part 3836 (assessment work). Requirements change; verify the current forms and deadlines with BLM before filing.

The math: is the waiver worth it?

Ten claims cost $2000/year in maintenance fees. The waiver replaces that with $100/claim of assessment work you may be doing anyway, plus two filings. If you are actively working the ground, the waiver usually wins. If the claims sit idle and the paperwork risk worries you, paying the fee is the simpler way to keep them alive: one payment, received by September 1, done.

The traps that kill waived claims

The December 30 affidavit. The waiver gets filed in August, the assessment work happens in October, and the affidavit deadline passes unnoticed at year-end. Missing it puts the claims at risk even though the waiver was on time.
Counting wrong. Claims held by your LLC, your spouse, or a partnership count toward your 10. BLM checks the record; a related party's ground disqualifies yours.
E-filing assumptions. The fee can be paid online in MLRS; the waiver cannot be filed there. Original signatures, paper, mail or in person.
Newly recorded claims. Claims located this year generally owe the initial maintenance fee at recording; special waiver rules apply (43 CFR 3835.14). Do not assume a new claim rides this year's waiver.
Defective filings. If BLM finds a defect it may issue a notice with a short window to cure. Respond immediately; the window is not generous.

Both deadlines, remembered for you

Free reminders before September 1 (the waiver) and December 30 (the affidavit). Nothing else.

Not sure how many claims you hold? Look up your claimant name against the federal record; the lookup flags waiver eligibility automatically.

This guide is general information, not legal advice. OreFront is not affiliated with the Bureau of Land Management; BLM records and regulations are the sole authority on fees, waivers, and claim status.

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