[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 884 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 651
115th CONGRESS
  2d Session
                                 S. 884

                          [Report No. 115-364]

 To amend the Omnibus Budget Reconciliation Act of 1993 to require the 
Bureau of Land Management to provide a claimant of a small miner waiver 
  from claim maintenance fees with a period of 60 days after written 
receipt of 1 or more defects is provided to the claimant by registered 
 mail to cure the 1 or more defects or pay the claim maintenance fee, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 6 (legislative day, April 4), 2017

 Ms. Murkowski introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                           November 14, 2018

 Reported by Ms. Murkowski, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend the Omnibus Budget Reconciliation Act of 1993 to require the 
Bureau of Land Management to provide a claimant of a small miner waiver 
  from claim maintenance fees with a period of 60 days after written 
receipt of 1 or more defects is provided to the claimant by registered 
 mail to cure the 1 or more defects or pay the claim maintenance fee, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SMALL MINER WAIVERS TO CLAIM MAINTENANCE 
              FEES.</DELETED>

<DELETED>    (a) Amendments to Omnibus Budget Reconciliation Act of 
1993.--</DELETED>
        <DELETED>    (1) In general.--Section 10101(d) of the Omnibus 
        Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)) is 
        amended--</DELETED>
                <DELETED>    (A) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by redesignating subparagraphs 
                        (A) and (B) as clauses (i) and (ii), 
                        respectively, and indenting the clauses 
                        appropriately; and</DELETED>
                        <DELETED>    (ii) by striking ``(2) For 
                        purposes of'' and inserting the 
                        following:</DELETED>
        <DELETED>    ``(2) Definition of related party.--</DELETED>
                <DELETED>    ``(A) In general.--In''; and</DELETED>
                <DELETED>    (B) in the undesignated matter following 
                subparagraph (A)(ii) of paragraph (2) (as so 
                redesignated), by striking ``For purposes of'' and all 
                that follows through the end of the section and 
                inserting the following:</DELETED>
                <DELETED>    ``(B) Associated definition.--For purposes 
                of subparagraph (A), the term `control' includes--
                </DELETED>
                        <DELETED>    ``(i) actual control;</DELETED>
                        <DELETED>    ``(ii) legal control; 
                        and</DELETED>
                        <DELETED>    ``(iii) 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.</DELETED>
        <DELETED>    ``(3) Defects in applications.--If a small miner 
        waiver application is determined to be defective for any reason 
        (including the failure to timely file a small miner's 
        maintenance fee waiver application or an affidavit of annual 
        labor associated with the application and required application 
        fees), the claimant shall have a period of 60 days after 
        receipt of written notification of the 1 or more defects 
        provided by the Bureau of Land Management by registered mail--
        </DELETED>
                <DELETED>    ``(A) to cure any such defect; 
                or</DELETED>
                <DELETED>    ``(B) to pay the $100 claim maintenance 
                fee due for that period.''.</DELETED>
        <DELETED>    (2) Technical corrections.--Section 10101 of the 
        Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is 
        amended--</DELETED>
                <DELETED>    (A) in subsection (a)--</DELETED>
                        <DELETED>    (i) in paragraph (1), in the 
                        second sentence, by striking ``the Mining Law 
                        of 1872 (30 U.S.C. 28 to 28e)'' and inserting 
                        ``sections 2319 through 2344 of the Revised 
                        Statutes (commonly known as the `Mining Law of 
                        1872') (30 U.S.C. 22 et seq.)''; and</DELETED>
                        <DELETED>    (ii) in paragraph (2)--</DELETED>
                                <DELETED>    (I) in the first sentence, 
                                by striking ``subsection (a)(1)'' and 
                                inserting ``paragraph (1)''; 
                                and</DELETED>
                                <DELETED>    (II) in the second 
                                sentence, by striking ``the Mining Law 
                                of 1872 (30 U.S.C. 28 to 28e)'' and 
                                inserting ``sections 2319 through 2344 
                                of the Revised Statutes (commonly known 
                                as the `Mining Law of 1872') (30 U.S.C. 
                                22 et seq.)'';</DELETED>
                <DELETED>    (B) in subsection (b), in the first 
                sentence, by striking ``main tenance'' and inserting 
                ``maintenance''; and</DELETED>
                <DELETED>    (C) in subsection (d)(1)(B), by striking 
                ``the Mining Law of 1872 (30 U.S.C. 28-28e)'' and 
                inserting ``sections 2319 through 2344 of the Revised 
                Statutes (commonly known as the `Mining Law of 1872') 
                (30 U.S.C. 22 et seq.)''.</DELETED>
<DELETED>    (b) Transition Rules.--</DELETED>
        <DELETED>    (1) Definitions.--In this subsection:</DELETED>
                <DELETED>    (A) Covered claimholder.--The term 
                ``covered claimholder'' means--</DELETED>
                        <DELETED>    (i) the claimholder of the claims 
                        in the State numbered AA023149, AA023163, 
                        AA047913, AA047914, AA047915, AA047916, 
                        AA047917, AA047918, and AA047919 (as of 
                        December 29, 2004);</DELETED>
                        <DELETED>    (ii) the claimholder of the claim 
                        in the State numbered FF-0593215 (as of 
                        December 29, 2004);</DELETED>
                        <DELETED>    (iii) the claimholder of the 
                        claims in the State numbered FS-58607, FS-
                        58608, FS-58609, FS-58610, FS-58611, FS-58613, 
                        FS-58615, FS-58616, FS-58617, and FS-58618 (as 
                        of December 31, 2003); and</DELETED>
                        <DELETED>    (iv) the claimholder of the claims 
                        in the State numbered FF-53988, FF-53989, and 
                        FF-53990 (as of December 31, 1987).</DELETED>
                <DELETED>    (B) State.--The term ``State'' means the 
                State of Alaska.</DELETED>
        <DELETED>    (2) Treatment of covered claimholders.--Each 
        covered claimholder shall be considered to qualify for relief 
        under section 10101(d)(3) of the Omnibus Budget Reconciliation 
        Act of 1993 (30 U.S.C. 28f(d)(3)), and shall have the 
        opportunity to cure under that section, for any prior period 
        during which, as applicable--</DELETED>
                <DELETED>    (A) 1 or more defects existed in the small 
                miner's maintenance fee waiver application;</DELETED>
                <DELETED>    (B) an affidavit of annual labor 
                associated with a small miner's maintenance fee waiver 
                application was not properly filed; or</DELETED>
                <DELETED>    (C) there existed a failure to pay claim 
                maintenance fees.</DELETED>
<DELETED>    (c) Amendment to Federal Land Policy and Management Act of 
1976.--Section 314(c) of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1744(c)) is amended--</DELETED>
        <DELETED>    (1) by striking ``(c) The failure'' and inserting 
        the following:</DELETED>
<DELETED>    ``(c) Failure To File.--</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in paragraph 
        (2), the failure''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(2) Exception.--If the owner of the mining claim 
        or mill or tunnel site fails to timely file an instrument 
        required under subsection (a)--</DELETED>
                <DELETED>    ``(A) the Secretary shall provide to the 
                owner by registered mail written notification of the 
                failure to timely file; and</DELETED>
                <DELETED>    ``(B) the owner shall have a period of 60 
                days after receipt of the notification described in 
                subparagraph (A) to file such instrument.''.</DELETED>

SECTION 1. SMALL MINER WAIVERS TO CLAIM MAINTENANCE FEES.

    (a) Definitions.--In this section:
            (1) Covered claimholder.--The term ``covered claimholder'' 
        means--
                    (A) the claimholder of the claims in the State 
                numbered AA023149, AA023163, AA047913, AA047914, 
                AA047915, AA047916, AA047917, AA047918, and AA047919 
                (as of December 29, 2004);
                    (B) the claimholder of the claim in the State 
                numbered FF-059315 (as of December 29, 2004);
                    (C) the claimholder of the claims in the State 
                numbered FF-58607, FF-58608, FF-58609, FF-58610, FF-
                58611, FF-58613, FF-58615, FF-58616, FF-58617, and FF-
                58618 (as of December 31, 2003); and
                    (D) the claimholder of the claims in the State 
                numbered FF-53988, FF-53989, and FF-53990 (as of 
                December 31, 1987).
            (2) Defect.--The term ``defect'' includes a failure--
                    (A) to timely file--
                            (i) a small miner maintenance fee waiver 
                        application;
                            (ii) an affidavit of annual labor 
                        associated with a small miner maintenance fee 
                        waiver application; or
                            (iii) an instrument required under section 
                        314(a) of the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1744(a)); and
                    (B) to pay the required application fee for a small 
                maintenance fee waiver application.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Alaska.
    (b) Treatment of Covered Claimholders.--Notwithstanding section 
10101(d) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 
28f(d)) and section 314(c) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1744(c)), each covered claimholder shall, during 
the 60-day period beginning on the date on which the covered 
claimholder receives written notification from the Bureau of Land 
Management by registered mail of the opportunity, have the 
opportunity--
            (1)(A) to cure any defect in a small miner maintenance fee 
        waiver application (including the failure to timely file a 
        small miner maintenance fee waiver application) for any prior 
        period during which the defect existed; or
            (B) to pay any claim maintenance fees due for any prior 
        period during which the defect existed; and
            (2) to cure any defect in the filing of any instrument 
        required under section 314(a) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1744(a)) (including the 
        failure to timely file any required instrument) for any prior 
        period during which the defect existed.
    (c) Reinstatement of Claims Deemed Forfeited.--The Secretary shall 
reinstate any claim of a covered claimholder as of the date declared 
forfeited and void--
            (1) under section 10104 of the Omnibus Budget 
        Reconciliation Act of 1993 (30 U.S.C. 28i) for failure to pay 
        the claim maintenance fee or obtain a valid waiver under 
        section 10101 of the Omnibus Budget Reconciliation Act of 1993 
        (30 U.S.C. 28f); or
            (2) under section 314(c) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1744(c)) for failure to file 
        any instrument required under section 314(a) of that Act (43 
        U.S.C. 1744(a)) for any prior period during which the defect 
        existed if the covered claimholder--
                    (A) cures the defect; or
                    (B) pays the claim maintenance fee under subsection 
                (b)(1)(B).
            Amend the title so as to read: ``A bill to require the 
        Bureau of Land Management to provide certain covered 
        claimholders the opportunity to cure any defects in a small 
        miner maintenance fee waiver application or pay the claim 
        maintenance fee, and for other purposes.''.
                                                       Calendar No. 651

115th CONGRESS

  2d Session

                                 S. 884

                          [Report No. 115-364]

_______________________________________________________________________

                                 A BILL

 To amend the Omnibus Budget Reconciliation Act of 1993 to require the 
Bureau of Land Management to provide a claimant of a small miner waiver 
  from claim maintenance fees with a period of 60 days after written 
receipt of 1 or more defects is provided to the claimant by registered 
 mail to cure the 1 or more defects or pay the claim maintenance fee, 
                        and for other purposes.

_______________________________________________________________________

                           November 14, 2018

        Reported with an amendment and an amendment to the title