Sec. 102. Fees

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Not later than August 31, 2020, and each August 31 thereafter, the holder of each unpatented mining claim, millsite, or tunnel site shall pay to the Secretary a maintenance fee of $200 for each claim, millsite, or tunnel site. The maintenance fees required under paragraph

(1)shall be in lieu of— the assessment work requirements under the general mining laws; and the related filing requirements under subsections

(a)and

(c)of section 314 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1744 ). Notwithstanding paragraph (1), the maintenance fee payable for the initial assessment year in which the location is made shall be paid at the time the location notice is recorded with the Bureau of Land Management. In this paragraph and paragraph (5), the term related party means— the spouse and qualifying child (as defined in section 152 of the Internal Revenue Code of 1986) of the claim holder; and a person affiliated with the claim holder, including— a person controlled by, controlling, or under common control with, the claim holder; or a subsidiary, parent company, partner, director, or officer of the claim holder. No claim, millsite, or tunnel site, or portion of a claim or site, may be relocated by a person or related party if the person or related party held the claim or site and subsequently relinquished the claim or site or allowed the claim or site to become null and void. The prohibition on relocation shall extend for a period of 10 years beginning on the date the claim or site was relinquished or became null and void. The maintenance fee required under paragraph

(1)shall be waived for a claim holder who certifies in writing to the Secretary that on the date the maintenance fee was due, the claim holder and all related parties— held not more than 10 mining claims, millsites, tunnel sites, or any combination of claims and sites on Federal land; and can demonstrate that the claim holder and all related parties have performed assessment work required under section 2324 of the Revised Statutes ( 30 U.S.C. 28 ) to maintain the mining claims and sites held by the claim holder and all related parties for the assessment year ending on noon of September 1 of the calendar year in which payment of the maintenance fee was due. Subject to subparagraph (B), beginning on the date that is 5 years after the date of enactment of this Act and every 5 years thereafter, the Secretary shall adjust the amount of maintenance fees required under paragraph

(1)to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor. The Secretary may adjust the amount of the maintenance fees more frequently than specified in subparagraph

(A)to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor if the Secretary determines an adjustment to be reasonable. Not later than July 1 of any year in which an adjustment is made under this paragraph, the Secretary shall provide claim holders notice of the adjustment. An adjustment under this paragraph shall apply beginning in the first calendar year after the calendar year in which the adjustment is made. The co-ownership provisions of section 2324 of the Revised Statutes ( 30 U.S.C. 28 ) shall remain in effect, except that the annual maintenance fee, as applicable, shall replace applicable assessment requirements and expenditures. Timely performance of required assessment work or payment of the maintenance fee under this subsection satisfies any obligation the claim holder has under the pedis possessio doctrine for any claim properly located in accordance with the general mining laws and applicable State law. Subject to paragraph

(2)and notwithstanding any other provision of law, for each unpatented mining claim, millsite, or tunnel site located after the date of enactment of this Act, the locator shall, at the time the location notice is recorded with the Bureau of Land Management, pay to the Secretary a location fee of $50 for each claim for each location notice recorded with the Bureau of Land Management. Subject to subparagraph (B), beginning on the date that is 5 years after the date of enactment of this Act and every 5 years thereafter, the Secretary shall adjust the amount of location fees required under paragraph

(1)to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor. The Secretary may adjust the amount of the location fees more frequently than specified in subparagraph

(1)shall be in addition to the maintenance fee required under subsection (a). Any amounts received under this section shall be used to pay the costs of administering program operations under sections 2318 through 2352 of the Revised Statutes (commonly known as the Mining Law of 1872 ) ( 30 U.S.C. 21 et seq.) and this Act, without further appropriation. Any amounts in excess of the costs described in paragraph

(1)for any fiscal year shall be deposited in the Fund. Nothing in this section changes or modifies— section 314(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1744(b) ); or the provisions of subsection

(c)of section 314 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1744 ) relating to filings required by subsection

(b)of that section. Section 2324 of the Revised Statutes ( 30 U.S.C. 28 ) is amended by inserting or section 102(a)(5) of the after Hardrock Mining and Reclamation Act of 2019 Omnibus Budget Reconciliation Act of 1993 .

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Sec. 102

Fees

U.S.C.§ 1744

U.S.C.§ 28

U.S.C.§ 21

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