Sec. 1110. Small miner waivers to claim maintenance fees
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/bill/116/s/47/pcs/section-1110A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term covered claimholder means— the claimholder of the claims in the State numbered AA023149, AA023163, AA047913, AA047914, AA047915, AA047916, AA047917, AA047918, and AA047919 (as of December 29, 2004); the claimholder of the claim in the State numbered FF–059315 (as of December 29, 2004); 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 the claimholder of the claims in the State numbered FF–53988, FF–53989, and FF–53990 (as of December 31, 1987).
The term defect includes a failure— to timely file— a small miner maintenance fee waiver application; an affidavit of annual labor associated with a small miner maintenance fee waiver application; or an instrument required under section 314(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1744(a) ); and to pay the required application fee for a small maintenance fee waiver application. The term State means the State of Alaska. 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— 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 to pay any claim maintenance fees due for any prior period during which the defect existed; and 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.
The Secretary shall reinstate any claim of a covered claimholder as of the date declared forfeited and void— 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 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— cures the defect; or pays the claim maintenance fee under subsection (b)(1)(B).
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