---
kind: "section"
citation: "43 C.F.R. § 3836.21"
title: "43"
number: "3836.21"
heading: "How do I qualify for a deferment of assessment work on my mining claims?"
url: "https://uscodex.org/cfr/43/3836.21"
---

# §3836.21. How do I qualify for a deferment of assessment work on my mining claims?


You qualify for a deferment of assessment work if—

- (a) **You have a mining claim or group of mining claims that you cannot enter or gain access to because—**
  - (1) The claims are surrounded by lands owned by others, including BLM, and the land owner has refused to give you a right-of-way or you are in litigation regarding the right-of-way or in the process of acquiring the right-of-way under state law; or
  - (2) **Some other legal impediment prevents your access.**
- (b) You have received a declaration of taking or notice of intent by the Federal Government to take the claim.

## Notes

### Authority

Authority: 30 U.S.C. 22, 28, 28b-28e; 43 U.S.C. 2, 1201, 1457, 1701 et seq.; 50 U.S.C. App. 501, 565.

### Source

Source: 68 FR 61077, Oct. 24, 2003, unless otherwise noted.