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30 U.S.C. § 28f — Fee

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 28f — Fee

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Stable record: federal_law:legal_authorities:record_usc_52c93e8f6d82217e949f6445
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Source location: Title 30, Chapter 2, § 28f; chapter-002-mineral-lands-and-regulations-in-general.md

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**(a) Claim maintenance fee** (1) **Lode mining claims, mill sites, and tunnel sites** — The holder of each unpatented lode mining claim, mill site, or tunnel site, located pursuant to the mining laws of the United States before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, to the extent provided in advance in appropriations Acts, a claim maintenance fee of $100 per claim or site, respectively. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 ([30 U.S.C. 28–28e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28–28e&num=0&edition=prelim)) 11 See References in Text note below. and the related filing requirements contained in section 1744(a) and (c) of title 43. (2) **Placer mining claims** — The holder of each unpatented placer mining claim located pursuant to the mining laws of the United States before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, the claim maintenance fee described in subsection (a)(1), for each 20 acres of the placer claim or portion thereof. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28&num=0&edition=prelim) to 28e) 1 and the related filing requirements contained in section 1744(a) and (c) of title 43. **(b) Time of payment** The claim main tenance 22 So in original. Probably should be “maintenance”. fee under subsection (a) shall be paid for the year in which the location is made, at the time the location notice is recorded with the Bureau of Land Management. The location fee imposed under [section 28g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28g&num=0&edition=prelim) shall be payable not later than 90 days after the date of location. **(c) Oil shale claims subject to claim maintenance fees under Energy Policy Act of 1992** This section shall not apply to any oil shale claims for which a fee is required to be paid under section 2511(e)(2) of the Energy Policy Act of 1992 (Public Law 102–486; 106 Stat. 3111; [30 U.S.C. 242](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section242&num=0&edition=prelim)). **(d) Waiver** (1) The claim maintenance fee required under this section may 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— (A) held not more than 10 mining claims, mill sites, or tunnel sites, or any combination thereof, on public lands; and (B) have performed assessment work required under the Mining Law of 1872 ([30 U.S.C. 28–28e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28–28e&num=0&edition=prelim)) 1 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. (2) For purposes of paragraph (1), with respect to any claimant, the term “related party” means— (A) the spouse and dependent children (as defined in [section 152 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section152&num=0&edition=prelim)), of the claimant; and (B) a person who controls, is controlled by, or is under common control with the claimant. For purposes of this section, the term control includes actual control, legal control, and the power to exercise control, through or by common directors, officers, stockholders, a voting trust, or a holding company or investment company, or any other means. (3) If a small miner waiver application is determined to be defective for any reason, the claimant shall have a period of 60 days after receipt of written notification of the defect or defects by the Bureau of Land Management to: (A) cure such defect or defects, or (B) pay the $100 claim maintenance fee due for such period.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 28g — Location fee

Notwithstanding any other provision of law, for every unpatented mining claim, mill or tunnel site located after August 10, 1993, to the extent provided in advance in Appropriations Acts, pursuant to the Mining Laws of the United States, the locator shall, at the time the location notice is recorded with the Bureau of Land Management, pay to the Secretary of the Interior a location fee, in addition to the claim maintenance fee required by [section 28f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28f&num=0&edition=prelim), of $25.00 per claim.

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 28g

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 152 — Dependent defined

**(a) In general** For purposes of this subtitle, the term “dependent” means— (1) a qualifying child, or (2) a qualifying relative. **(b) Exceptions** For purposes of this section— (1) **Dependents ineligible** — If an individual is a dependent of a taxpayer for any taxable year of such taxpayer beginning in a calendar year, such individual shall be treated as having no dependents for any taxable year of such individual beginning in such calendar year. (2) **Married dependents** — An individual shall not be treated as a dependent of a taxpayer under subsection (a) if such individual has made a joint return with the individual’s spouse under section 6013 for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins. (3) **Citizens or nationals of other countries** (A) *In general* — The term “dependent” does not include an individual who is not a citizen or national of the United States unless such individual is a resident of the United States or a country contiguous to the United States. (B) *Exception for adopted child* — Subparagraph (A) shall not exclude any child of a taxpayer (within the meaning of subsection (f)(1)(B)) from the definition of “dependent” if— (i) for the taxable year of the taxpayer, the child has the same principal place of abode as the taxpayer and is a member of the taxpayer’s household, and (ii) the taxpayer is a citizen or national of the United States. **(c) Qualifying child** For purposes of this section— (1) **In general** — The term “qualifying child” means, with respect to any taxpayer for any taxable year, an individual— (A) who bears a relationship to the taxpayer described in paragraph (2), (B) who has the same principal place of abode as the taxpayer for more than one

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 152

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 28 — 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

The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining claim, subject to the following requirements: The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims made after May 10, 1872, shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the 10th day of May 1872, that is granted a waiver under [section 28f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28f&num=0&edition=prelim), and until a patent has been issued therefor, not less than $100 worth of labor shall be performed or improvements made during each year. On all claims located prior to the 10th day of May 1872, $10 worth of labor shall be performed or improvements made each year, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such claims are held in common, such expenditure may be made upon any one claim; and upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location. Upon the failure of any one of several coowners to contribute his proporti

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 28

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 242 — Oil shale claims

**(a) Notice** Notwithstanding any other provision of law, within 60 days from October 24, 1992, the Secretary of the Interior shall provide notice to each holder of an unpatented oil shale mining claim of the requirements of this Act. Such notice shall be made by registered mail and by publication in a newspaper of general circulation in the areas in which such claims are located. **(b) Full patent** The holder of a valid oil shale mining claim who has filed a patent application and received first half final certificate for patent by October 24, 1992, may obtain a patent pursuant to the general mining laws of the United States. **(c) Patent** (1) Notwithstanding any other provision of law, the holder of a valid oil shale mining claim who has filed a patent application which has been accepted for processing by the Department of the Interior by October 24, 1992, but has not received first half final certificate for patent by October 24, 1992, may receive only a patent limited to the oil shale and associated minerals, upon payment of $2.50 per acre. Title to the surface and to all other minerals, including, but not limited to, oil, gas, and coal, shall remain in the United States. Patents issued pursuant to this subsection shall provide for surface use to the same extent as is provided under applicable law prior to October 24, 1992, with respect to oil shale mining claims, subject to the requirements of subsection (f). (2) Maintenance of claims referred to in this subsection prior to patent issuance shall be in accordance with the requirements of applicable law prior to October 24, 1992. (3) Any holder of a valid oil shale mining claim referred to in this subsection may maintain such claim in accordance with the requirements set forth in subsection (e)(2) in lieu of

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 242

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 28h — Co-ownership

The co-ownership provisions of the Mining Law of 1872 ([30 U.S.C. 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28&num=0&edition=prelim)) 11 See References in Text note below. shall remain in effect, except that in applying such provisions, the annual claim maintenance fee required under this Act shall, where applicable, replace applicable assessment requirements and expenditures.

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 28h

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 242 — Oil shale claims

Page 86 TITLE 30—MINERAL LANDS AND MINING § 242 2 So in original. Probably should be subsection ‘‘(c)’’. ter where such leasing would not be incompat- ible with the offsite lease. (d) Considerations governing issuance of offsite lease In recognition of the unique character of oil shale development: (1) In determining whether to offer or issue an offsite lease under subsection (c), the Secretary shall consult with the Governor and appropriate State, local, and tribal officials of the State where the lands to be leased are located, and of any additional State likely to be affected sig- nificantly by the social, economic, or environ- mental effects of development under such lease, in order to coordinate Federal and State plan- ning processes, minimize duplication of permits, avoid delays, and anticipate and mitigate likely impacts of development. (2) The Secretary may issue an offsite lease under subsection (d) 2 after consideration of (A) the need for leasing, (B) impacts on the environ- ment and other resource values, (C) socio- economic factors, and (D) information from con- sultations with the Governors of the affected States. (3) Before determining whether to offer an off- site lease under subsection (c), the Secretary shall seek the recommendation of the Governor of the State in which the lands to be leased are located as to whether or not to lease such lands, what alternative actions are available, and what special conditions could be added to the pro- posed lease to mitigate impacts. The Secretary shall accept the recommendations of the Gov- ernor if he determines that they provide for a reasonable balance between the national inter- est and the State’s interests. The Secretary shall communicate to the Governor, in writing, and publish i

Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 242

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 28 — Mining district regulations by miners: loca-

Page 10 TITLE 30—MINERAL LANDS AND MINING § 28 § 28. Mining district regulations by miners: loca- tion, recordation, and amount of work; mark- ing of location on ground; records; annual labor or improvements on claims pending issue of patent; co-owner’s succession in in- terest upon delinquency in contributing pro- portion of expenditures; tunnel as lode ex- penditure The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the laws of the State or Territory in which the district is situated, gov- erning the location, manner of recording, amount of work necessary to hold possession of a mining claim, subject to the following require- ments: The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims made after May 10, 1872, shall contain the name or names of the locators, the date of the loca- tion, and such a description of the claim or claims located by reference to some natural ob- ject or permanent monument as will identify the claim. On each claim located after the 10th day of May 1872, that is granted a waiver under section 28f of this title, and until a patent has been issued therefor, not less than $100 worth of labor shall be performed or improvements made during each year. On all claims located prior to the 10th day of May 1872, $10 worth of labor shall be performed or improvements made each year, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such claims are held in common, such ex- penditure may be made upon any one claim; and upon a failure to comply with these conditions, the claim or mine upon which such failure oc- curred shall be open to relocation

Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 28

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 28f — Fee

Page 11 TITLE 30—MINERAL LANDS AND MINING § 28f 1 See References in Text note below. and professional background of the person or persons conducting the work. Such surveys, however, may not be applied as labor for more than two consecutive years or for more than a total of five years on any one mining claim, and each such survey shall be nonrepetitive of any previous survey on the same claim. (Pub. L. 85–876, § 1, Sept. 2, 1958, 72 Stat. 1701.) § 28–2. Definitions As used in section 28–1 of this title, (a) The term ‘‘geological surveys’’ means sur- veys on the ground for mineral deposits by the proper application of the principles and tech- niques of the science of geology as they relate to the search for and discovery of mineral deposits; (b) The term ‘‘geochemical surveys’’ means surveys on the ground for mineral deposits by the proper application of the principles and techniques of the science of chemistry as they relate to the search for and discovery of mineral deposits; (c) The term ‘‘geophysical surveys’’ means surveys on the ground for mineral deposits through the employment of generally recognized equipment and methods for measuring physical differences between rock types or discontinu- ities in geological formations; (d) The term ‘‘qualified expert’’ means an indi- vidual qualified by education or experience to conduct geological, geochemical or geophysical surveys, as the case may be. (Pub. L. 85–876, § 2, Sept. 2, 1958, 72 Stat. 1701.) § 28a. Omitted Editorial Notes CODIFICATION Section, act June 29, 1950, ch. 404, 64 Stat. 275, pro- vided for extension of time of annual assessment work, on mining claims in the United States, including Alas- ka, for period commencing July 1, 1949, until 12 o’clock noon Oct. 1, 1950, and also

Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 28f

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