43 CFR § 3836.21 - How do I qualify for a deferment of assessment work on my mining claims?

---
identifier: "/us/cfr/t43/s3836.21"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 3836.21 - How do I qualify for a deferment of assessment work on my mining claims?"
title_number: 43
title_name: "Public Lands: Interior"
section_number: "3836.21"
section_name: "How do I qualify for a deferment of assessment work on my mining claims?"
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "C"
subchapter_name: "MINERALS MANAGEMENT (3000)"
part_number: "3836"
part_name: "ANNUAL ASSESSMENT WORK REQUIREMENTS FOR MINING CLAIMS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "30 U.S.C. 22, 28, 28b-28e; 43 U.S.C. 2, 1201, 1457, 1701  50 U.S.C. App. 501, 565."
regulatory_source: "68 FR 61077, Oct. 24, 2003, unless otherwise noted."
cfr_part: "3836"
---


# 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.