---
kind: "section"
citation: "43 C.F.R. § 3835.17"
title: "43"
number: "3835.17"
heading: "What additional requirements must I fulfill to obtain a small miner waiver for my mining claims or sites on National Park System lands?"
url: "https://uscodex.org/cfr/43/3835.17"
---

# §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?

- (a) Before performing assessment work on National Park System lands, you must submit and obtain the National Park Service (NPS)'s approval of a complete plan of operations in compliance with regulations at 36 CFR parts [6](/cfr/36/part6.md) and [9](/cfr/36/part9.md). Your proposed activities must further the ultimate commercial mineral development of each claim, such as delineation of the mineral deposit or commencement of production. Once you submit a proposed plan, NPS will evaluate the plan, conduct a validity exam if necessary, and either approve or disapprove the plan.
- (b)
  - (1) If NPS approves your plan of operations, by the September 1 on which you want to submit a small miner waiver request you must:
    - (i) Post a reclamation bond with NPS;
    - (ii) Begin the approved activity; and
    - (iii) Submit a waiver request complying with [§ 3835.10](/cfr/43/3835.10.md) before the assessment year begins for which you wish to obtain a waiver.
  - (2) By December 30, you must file your affidavit of assessment work for the mining claims and a notice of intent to hold for your mill or tunnel sites.
- (c) If NPS does not approve your proposed plan of operations by July 1, to allow you sufficient time to conduct assessment work before September 1, you may—
  - (1) Pay BLM the maintenance fees by September 1;
  - (2) Petition BLM before September 1 for a deferment of assessment work; or
  - (3) **Submit a request for a lack of access waiver.**

## Notes

### Authority

Authority: 30 U.S.C. 22, 28, 28f-28k; 43 U.S.C. 2, 1201, 1457, 1701 et seq.; 50 U.S.C. App. 501, 565; 115 Stat. 414.

### Source

Source: 68 FR 61073, Oct. 24, 2003, unless otherwise noted.