Omnibus Budget Reconciliation Act of 1993-(SUBTITLE B OF TITLE X)
SUBTITLE B—HARDROCK MINING CLAIM MAINTENANCE FEE
113-6
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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Omnibus Budget Reconciliation Act of 1993
Agricultural Reconciliation Act of 1993
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103
1993-08-10
Omnibus Budget Reconciliation Act of 1993-(SUBTITLE B OF TITLE X)1
^1
Subtitle B of title X of Public Law 103–66 (107 Stat. 405; 30 U.S.C. 28f and following).
[As Amended Through P.L. 113-6, Enacted March 26, 2013]
[Currency: This publication is a compilation of the text of Public Law 103–66. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
SECTION 1.

SHORT TITLE.
This Act may be cited as the “Omnibus Budget Reconciliation Act of 1993”.
* * * * * * *
TITLE X—

NATURAL RESOURCE PROVISIONS
* * * * * * *
Subtitle B—

Hardrock Mining Claim Maintenance Fee
SEC. 10101.

FEE.
(a)

Claim Maintenance Fee.—
(1)

Lode mining claims, mill sites, and tunnel sites.—
The holder of each unpatented lode mining claim, mill site, or tunnel site, located pursuant to the mining laws of the United States before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, to the extent provided in advance in appropriations Acts2, a claim maintenance fee of $100 per claim or site, respectively. 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) and the related filing requirements contained in section 314 (a) and (c) of the Federal Land Policy and Management Act of 19763 (43 U.S.C. 1744 (a) and (c)).
^2
The fourth undesignated subsection under the headings administrative provisions, Bureau of Land Management of title I of division E of Public Law 111–8 (123 Stat. 704) provides as follows:
The provisions of law codified at sections 28f(a) and 28g of title 30, United States Code, are amended to remove the modifications made under the heading “administrative provisions”, under the heading “Bureau of Land Management” in title I of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008 (division F of Public Law 110–161; 121 Stat. 2101).
The reinstatement of language struck by Public Law 110–161 by the language provided in Public Law 111–8 is shown here to reflect the probable intent of Congress.
(2)

Placer mining claims.—
The holder of each unpatented placer mining claim located pursuant to the mining laws of the United States before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, the claim maintenance fee described in subsection (a)(1), for each 20 acres of the placer claim or portion thereof. 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 to 28e) and the related filing requirements contained in section 314(a) and (c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(a) and (c)).
^3
The Mining Law of 1872 (30 U.S.C. 28–28e), referred to in subsections (a) and (d)(1)(B), probably means the Act of May 10, 1872, chapter 152, 17 Stat. 91, as amended. That Act was incorporated into the Revised States of the United States as R.S. sections 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 title 30, United States Code.
(b)

Time of Payment.—
The claim main tenance4 fee under subsection (a) shall be paid for the year in which the location is made, at the time the location notice is recorded with the Bureau of Land Management. The location fee imposed under section 10102 shall be payable not later than 90 days after the date of location.
^4
So in law. Probably should read “maintenance”. See amendment made by section 430(2) of Public Law 112–74 (125 Stat. 1047),
(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 18725 (30 U.S.C. 28–28e) 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.
^5
See footnote 2 to subsection (a).
(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 the Internal Revenue Code of 1986), 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)6
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.
^6
Margin so in law.
[30 U.S.C. 28f]
SEC. 10102.

LOCATION FEE.
Notwithstanding any other provision of law, for every unpatented mining claim, mill or tunnel site located after the date of enactment of this subtitle, to the extent provided in advance in Appropriations Acts,7 pursuant to the Mining Laws of the United States, the locator shall, at the time the location notice is recorded with the Bureau of Land Management, pay to the Secretary of the Interior a location fee, in addition to the claim maintenance fee required by section 10101, of $25.00 per claim.
^7
See footnote 2 for section 10101(a).
Under the heading ``administrative provisions'' in title I—Department of the Interior-Bureau of Land Management of division A of Public Law 111–88, provides for an amendment as follows: ``...Provided further,...Section 28g of title 30, United States Code, is amended by striking the phrase `and before September 30, 2008,' and replacing it with `, to the extent provided in advance in Appropriations Acts,'''. The amendment was executed to section 10102 of the Omnibus Budget Reconciliation Act of 1993 to reflect the probable intent of Congress.
[30 U.S.C. 28g]
SEC. 10103.

CO-OWNERSHIP.
The co-ownership provisions of the Mining Law of 1872 (30 U.S.C. 28) shall remain in effect, except that in applying such provisions, the annual claim maintenance fee required under this Act shall, where applicable, replace applicable assessment requirements and expenditures.
[30 U.S.C. 28h]
SEC. 10104.

FAILURE TO PAY.
Failure to pay the claim maintenance fee or the location fee as required by this subtitle8 shall conclusively constitute a forfeiture of the unpatented mining claim, mill or tunnel site by the claimant and the claim shall be deemed null and void by operation of law.
^8
Under the heading ``administrative provisions'' in title I—Department of the Interior-Bureau of Land Management of division A of Public Law 111–88, provides for an amendment as follows: ``...Provided further,...Section 28i of title 30, United States Code, is amended by striking `28k' and replacing it with `28l'''. The amendment probably should have been made to section 10104 of the Omnibus Budget Reconciliation Act of 1993 and could not be executed because the matter proposed to be struck does not appear.
[30 U.S.C. 28i]
SEC. 10105.

OTHER REQUIREMENTS.
(a)

Federal Land Policy and Management Act Requirements.—
Nothing in this subtitle shall change or modify the requirements of section 314(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(b)), or the requirements of section 314(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(c)) related to filings required by section 314(b), and such requirements shall remain in effect with respect to claims, and mill or tunnel sites for which fees are required to be paid under this section.
(b)

Revised Statutes Section 2324.—
The third sentence of section 2324 of the Revised Statutes (30 U.S.C. 28) is amended by inserting after “On each claim located after the tenth day of May, eighteen hundred and seventy-two,” the following: “that is granted a waiver under section 10101 of the Omnibus Budget Reconciliation Act of 1993,”.
(c)

Fee Adjustments.—
(1)
The Secretary of the Interior shall adjust the fees required by this subtitle to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor every 5 years after the date of the enactment of this Act, or more frequently if the Secretary determines an adjustment to be reasonable.
(2)
The Secretary shall provide claimants notice of any adjustment made under this subsection not later than July 1 of any year in which the adjustment is made.
(3)
A fee adjustment under this subsection shall begin to apply the first assessment year which begins after adjustment is made.
[30 U.S.C. 28j]
SEC. 10106.

REGULATIONS.
The Secretary of the Interior shall promulgate rules and regulations to carry out the terms and conditions of this subtitle as soon as practicable after the date of the enactment of this subtitle.
[30 U.S.C. 28k]