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(e)(2) ) and as otherwise provided in this Act, for each unpatented mining claim, millsite, or tunnel site on Federal land, whether located before or on the effective date of this Act, each such claimant shall pay to the Secretary, on or before September 1 of each year, a claim maintenance fee of $200 per claim to hold such unpatented mining claim, millsite, or tunnel site for the assessment year beginning at noon the following day. A claim maintenance fee paid under clause
(i)shall be in lieu of the assessment work requirement in the Mining Law of 1872 ( 30 U.S.C. 28 et seq. ) and the related filing requirements in sections 314(a) and
(c)of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1744(a) and (c)). Any adjustment to a fee under this subsection made under section 502 shall begin to apply in the first assessment year which begins after the adjustment is made. Subparagraph
(A)and the assessment work requirement in the Mining Law of 1872 ( 30 U.S.C. 28 et seq. ) shall not apply with respect to a small miner’s lease. Moneys received under this subsection that are not otherwise allocated for the administration of this Act by the Secretary shall be made available to carry out, to remain available until expended without fiscal year limitation, the Abandoned Hardrock Mine Reclamation Program. 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 under subsection (a), where applicable, shall replace applicable assessment requirements and expenditures under that Act. Failure to pay the claim maintenance fee under subsection
(a)in a timely manner shall conclusively constitute a forfeiture of the unpatented mining claim, millsite, or tunnel site by the claimant and the claim, millsite, or tunnel site 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 that Act ( 43 U.S.C. 1744(c) ) related to filings required by section 314(b) of that Act ( 43 U.S.C. 1744(b) ), which remain in effect. Section 2324 of the Mining Law of 1872 ( 30 U.S.C. 28 ) is amended by inserting or section 103(a) of the after Clean Energy Minerals Reform Act of 2023 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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