§ 28f. — Fee.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC28f]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL
Sec. 28f. Fee
(a) Claim maintenance fee
The holder of each unpatented mining claim, mill, or tunnel site,
located pursuant to the mining laws of the United States, whether
located before, on or after August 10, 1993, shall pay to the Secretary
of the Interior, on or before September 1 of each year for years 2002
through 2003, a claim maintenance fee of $100 per claim or site \1\ Such
claim maintenance fee shall be in lieu of the assessment work
requirement contained in the Mining Law of 1872 (30 U.S.C. 28-28e) \2\
and the related filing requirements contained in section 1744(a) and (c)
of title 43.
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\1\ So in original. Probably should be followed by a period.
\2\ See References in Text note below.
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(b) Time of payment
The claim maintenance fee payable pursuant to subsection (a) of this
section for any assessment year shall be paid before the commencement of
the assessment year, except that for the initial assessment year in
which the location is made, the locator shall pay the claim maintenance
fee at the time the location notice is recorded with the Bureau of Land
Management. The location fee imposed under section 28g of this title
shall be payable not later than 90 days after the date of location.
(c) Oil shale claims subject to claim maintenance fees under Energy
Policy Act of 1992
This section shall not apply to any oil shale claims for which a fee
is required to be paid under section 2511(e)(2) of the Energy Policy Act
of 1992 (Public Law 102-486; 106 Stat. 3111; 30 U.S.C. 242).
(d) Waiver
(1) The claim maintenance fee required under this section may be
waived for a claimant who certifies in writing to the Secretary that on
the date the payment was due, the claimant and all related parties--
(A) held not more than 10 mining claims, mill sites, or tunnel
sites, or any combination thereof, on public lands; and
(B) have performed assessment work required under the Mining Law
of 1872 (30 U.S.C. 28-28e) \1\ to maintain the mining claims held by
the claimant and such related parties for the assessment year ending
on noon of September 1 of the calendar year in which payment of the
claim maintenance fee was due.
(2) For purposes of paragraph (1), with respect to any claimant, the
term ``related party'' means--
(A) the spouse and dependent children (as defined in section 152
of title 26), of the claimant; and
(B) a person who controls, is controlled by, or is under common
control with the claimant.
For purposes of this section, the term control includes actual control,
legal control, and the power to exercise control, through or by common
directors, officers, stockholders, a voting trust, or a holding company
or investment company, or any other means.
(3) If a small miner waiver application is determined to be
defective for any reason, the claimant shall have a period of 60 days
after receipt of written notification of the defect or defects by the
Bureau of Land Management to: (A) cure such defect or defects, or (B)
pay the $100 claim maintenance fee due for such period.
(Pub. L. 103-66, title X, Sec. 10101, Aug. 10, 1993, 107 Stat. 405; Pub.
L. 105-240, Sec. 116, Sept. 25, 1998, 112 Stat. 1570; Pub. L. 105-277,
div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681-231, 2681-
235; Pub. L. 107-63, title I, [(1)], Nov. 5, 2001, 115 Stat. 418.)
References in Text
The mining laws of the United States, referred to in subsec. (a),
are classified generally to this title.
The Mining Law of 1872 (30 U.S.C. 28-28e), referred to in subsecs.
(a) and (d)(1)(B), probably means act May 10, 1872, ch. 152, 17 Stat.
91, as amended. That act was incorporated into the Revised Statutes as
R.S. Secs. 2319 to 2328, 2331, 2333 to 2337, and 2344, which are
classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to
42, and 47 of this title. For complete classification of R.S. Secs. 2319
to 2328, 2331, 2333 to 2337, and 2344 to the Code, see Tables.
Codification
Pub. L. 107-63, which directed the amendment of section 28f of title
30, United States Code, was executed by making the amendment to section
10101 of Pub. L. 103-66, which is classified to this section, to reflect
the probable intent of Congress. See 2001 Amendment note below.
Pub. L. 105-277, which directed the amendment of section 28f of
title 30, United States Code, was executed by making the amendment to
section 10101 of Pub. L. 103-66, which is classified to this section, to
reflect the probable intent of Congress. See 1998 Amendment notes below.
Amendments
2001--Subsec. (a). Pub. L. 107-63 added first sentence and struck
out former first sentence which read as follows: ``The holder of each
unpatented mining claim, mill, or tunnel site, located pursuant to the
mining laws of the United States, whether located before or after August
10, 1993, shall pay to the Secretary of the Interior, on or before
September 1 of each year for years 1999 through 2001, a claim
maintenance fee of $100 per claim or site.'' See Codification note
above.
1998--Subsec. (a). Pub. L. 105-277 added first sentence and struck
out former first sentence which read as follows: ``The holder of each
unpatented mining claim, mill, or tunnel site located pursuant to the
mining laws of the United States before October 1, 1998 shall pay the
Secretary of the Interior, on or before September 1, 1999 a claim
maintenance fee of $100 per claim site.'' See Codification note above.
Pub. L. 105-240 substituted ``The holder of each unpatented mining
claim, mill, or tunnel site located pursuant to the mining laws of the
United States before October 1, 1998 shall pay the Secretary of the
Interior, on or before September 1, 1999 a claim maintenance fee of $100
per claim site.'' for ``The holder of each unpatented mining claim, mill
or tunnel site located pursuant to the Mining Laws of the United States,
whether located before or after August 10, 1993, shall pay to the
Secretary of the Interior, on or before August 31 of each year, for
years 1994 through 1998, a claim maintenance fee of $100 per claim.''
Subsec. (d)(3). Pub. L. 105-277 added par. (3). See Codification
note above.
Similar Provisions
Similar provisions were contained in Pub. L. 102-381, title I, Oct.
5, 1992, 106 Stat. 1378, 1379.
Section Referred to in Other Sections
This section is referred to in sections 28, 28g, 28i, 28j, 28k of
this title.
