Sec. 103. Hardrock mining claim maintenance fee

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Except as provided in section 2511(e)(2) of the Energy Policy Act of 1992 (relating to oil shale claims), for each unpatented mining claim, mill or tunnel site on federally owned lands, whether located before, on, or after enactment of this Act, each claimant shall pay to the Secretary, on or before August 31 of each year, a claim maintenance fee of $200 per claim to hold such unpatented mining claim, mill or tunnel site for the assessment year beginning at noon on the next day, September 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 et seq. ) 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)). The claim maintenance fee required under this subsection shall 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— held not more than 10 mining claims, mill sites, or tunnel sites, or any combination thereof, on public lands; and have performed assessment work required under the Mining Law of 1872 ( 30 U.S.C. 28 et seq. ) 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. For purposes of subparagraph (A), with respect to any claimant, the term all related parties means— the spouse and dependent children (as defined in section 152 of the Internal Revenue Code of 1986), of the claimant; or a person affiliated with the claimant, including— a person controlled by, controlling, or under common control with the claimant; or a subsidiary or parent company or corporation of the claimant. The Secretary shall adjust the fees required by this subsection 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 enactment of this Act, or more frequently if the Secretary determines an adjustment to be reasonable. The Secretary shall provide claimants notice of any adjustment made under this paragraph not later than July 1 of any year in which the adjustment is made. A fee adjustment under this paragraph shall begin to apply the calendar year following the calendar year in which it is made. Moneys received under this subsection that are not otherwise allocated for the administration of the mining laws by the Department of the Interior shall be deposited in the Locatable Minerals Fund established by this Act. Notwithstanding any provision of law, for every unpatented mining claim, mill or tunnel site located after the date of enactment of this Act and before September 30, 1998, the locator shall, at the time the location notice is recorded with the Bureau of Land Management, pay to the Secretary a location fee, in addition to the fee required by subsection

(a)of $50 per claim. Moneys received under this subsection that are not otherwise allocated for the administration of the mining laws by the Department of the Interior shall be deposited in the Locatable Minerals Fund established by this Act. The co-ownership provisions of the Mining Law of 1872 ( 30 U.S.C. 28 et seq. ) will remain in effect except that the annual claim maintenance fee, where applicable, shall replace applicable assessment requirements and expenditures. Failure to pay the claim maintenance fee as required by subsection

(a)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. Nothing in this section 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), which remain in effect. Section 2324 of the Revised Statutes of the United States ( 30 U.S.C. 28 ) is amended by inserting or section 103(a) of the after Hardrock Mining and Reclamation Act of 2014 Act of 1993 .

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Sec. 103

Hardrock mining claim maintenance fee

U.S.C.§ 28

U.S.C.§ 1744

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