Sec. 109. Hardrock mining claim maintenance fee
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Except as provided in section 2511(e)(2) of the Energy Policy Act of 1992 ( 30 U.S.C. 242 ), or as otherwise provided in this Act, for each unpatented mining claim, mill, or tunnel site on federally owned lands, whether located before or on the date of 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)). Subparagraph
(A)and the assessment work requirement contained in the Mining Law of 1872 ( 30 U.S.C. 28 et seq.) shall not apply with respect to any claim held by a small miner. 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 3 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 Hardrock Minerals Reclamation Fund established by section 501 xreference . The co-ownership provisions of the Mining Law of 1872 ( 30 U.S.C. 28 et seq.) shall 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)xreference 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 Leasing and Reclamation Act of 2019 Act of 1993 .
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U.S. Code
- Oil shale claims§ 242
- Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records; annual labor or improvements on claims pending issue of patent; co-owner’s succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure§ 28
- Recordation of mining claims§ 1744
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