---
title: "Build the small-miner waiver table for a federal mining claim"
url: "https://ailawframework.com/practice/energy-resources-and-mining/build-the-expenditure-shortfall-table-for-a-tenement-exemption/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A13-PU20261022-2-US"
practice_area: "Energy, Resources & Mining"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Build the small-miner waiver table for a federal mining claim

> From the claim list and the work records, set out each claim or site, whether the holder and related parties are described as holding 10 or fewer, the assessment year, and the labor or improvements the records show.…

Canonical page: https://ailawframework.com/practice/energy-resources-and-mining/build-the-expenditure-shortfall-table-for-a-tenement-exemption/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Energy, Resources & Mining](https://ailawframework.com/practice/energy-resources-and-mining.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the claim list and the work records, set out each claim or site, whether the holder and related parties are described as holding 10 or fewer, the assessment year, and the labor or improvements the records show. Do not choose the waiver and do not prepare the proof of annual labor. |
| What the lawyer must review | A claimant who, with related parties, holds not more than 10 mining claims, mill sites, or tunnel sites on public lands may seek a waiver and must have performed the assessment work (30 U.S.C. § 28f(d)). The Bureau page says Form 3830-002 is filed or postmarked on or before 1 September, that the waiver itself has no processing fee, and that assessment work of at least $100 in labor or improvements is recorded on or before 30 December with a $15 processing fee per claim. Mill sites and tunnel sites do not perform assessment work. They file a notice of intent to hold by 30 December, also with a $15 fee. A defective waiver has 60 days after the Bureau's written notice to cure the defect or pay the fee. Section 28f(d)(3) states that cure payment as $100. The current table at 43 C.F.R. § 3830.21 states an annual maintenance fee of $200. Confirm the figure the Bureau is collecting before anything is paid. You decide whether the waiver is available, and you write anything that is filed, including the affidavit of annual assessment. |
| Written for | United States |
| Applies to | [Build the expenditure-shortfall table for a tenement exemption](https://ailawframework.com/practice/energy-resources-and-mining/build-the-expenditure-shortfall-table-for-a-tenement-exemption.md) |

## Checking plan

- What the AI does: From the claim list and the work records, set out each claim or site, whether the holder and related parties are described as holding 10 or fewer, the assessment year, and the labor or improvements the records show. Do not choose the waiver and do not prepare the proof of annual labor.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- File the fee or the waiver in each State where a claim or site is held.
- Related parties include a spouse, dependent children, and a person under common control.

## Sources

- [30 U.S.C. § 28f, Fee](https://www.law.cornell.edu/uscode/text/30/28f) (checked 2026-10-22)
- [Bureau of Land Management, Annual maintenance and assessment](https://www.blm.gov/programs/energy-and-minerals/mining-and-minerals/locatable-materials/annual-maintenance) (checked 2026-10-22)
- [43 C.F.R. § 3830.21, What are the different types of fees?](https://www.law.cornell.edu/cfr/text/43/3830.21) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*