30 U.S.C. § 28g — Location fee

Page 13 TITLE 30—MINERAL LANDS AND MINING § 28g Subsec. (a)(2). Pub. L. 112–74, § 430(1)(B), added par. (2). Subsec. (b). Pub. L. 112–74, § 430(2), substituted ‘‘The claim main tenance 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.’’ for ‘‘The claim maintenance fee payable pursuant to subsection (a) of this section for any assessment year shall be paid before the com- mencement of the assessment year, except that for the initial assessment year in which the location is made, the locator shall pay the claim maintenance fee at the time the location notice is recorded with the Bureau of Land Management.’’ 2009—Subsec. (a). Pub. L. 111–88 substituted ‘‘, to the extent provided in advance in Appropriations Acts,’’ for ‘‘for years 2004 through 2008,’’. See Codification note above. Pub. L. 111–8, which directed the removal of the modi- fications made by Pub. L. 110–161, was executed by in- serting ‘‘for years 2004 through 2008’’ after ‘‘before Sep- tember 1 of each year’’. See 2007 Amendment note below. 2007—Subsec. (a). Pub. L. 110–161 struck out ‘‘for years 2004 through 2008’’ after ‘‘before September 1 of each year’’. See Codification note above. 2003—Subsec. (a). Pub. L. 108–108 substituted ‘‘for years 2004 through 2008’’ for ‘‘for years 2002 through 2003’’. See Codification note above. 2001—Subsec. (a). Pub. L. 107–63 substituted ‘‘The holder of each unpatented mining claim, mill, or tunnel site, located pursuant to the mining laws of the United States, whether located before, on or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year for years 2002 through 2003, a claim maintenance fee of $100 per claim or site’’ for ‘‘The holder of each unpatented mining claim, mill, or tunnel site, located pursuant to the mining laws of the United States, whether located before or after Au- gust 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year for years 1999 through 2001, a claim maintenance fee of $100 per claim or site.’’ See Codification note above. 1998—Subsec. (a). Pub. L. 105–277 added first sentence and struck out former first sentence which read as fol- lows: ‘‘The holder of each unpatented mining claim, mill, or tunnel site located pursuant to the mining laws of the United States before October 1, 1998 shall pay the Secretary of the Interior, on or before September 1, 1999 a claim maintenance fee of $100 per claim site.’’ See Codification note above. Pub. L. 105–240 substituted ‘‘The holder of each unpatented mining claim, mill, or tunnel site located pursuant to the mining laws of the United States be- fore October 1, 1998 shall pay the Secretary of the Inte- rior, on or before September 1, 1999 a claim mainte- nance fee of $100 per claim site.’’ for ‘‘The holder of each unpatented mining claim, mill or tunnel site lo- cated pursuant to the Mining Laws of the United States, whether located before or after August 10, 1993, shall pay to the Secretary of the Interior, on or before August 31 of each year, for years 1994 through 1998, a claim maintenance fee of $100 per claim.’’ See Codifica- tion note above. Subsec. (d)(3). Pub. L. 105–277 added par. (3). See Codi- fication note above. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1378, 1379. § 28g. Location fee Notwithstanding any other provision of law, for every unpatented mining claim, mill or tun- nel site located after August 10, 1993, to the ex- tent provided in advance in Appropriations Acts, pursuant to the Mining Laws of the United States, the locator shall, at the time the loca- tion notice is recorded with the Bureau of Land Management, pay to the Secretary of the Inte- rior a location fee, in addition to the claim maintenance fee required by section 28f of this title, of $25.00 per claim. (Pub. L. 103–66, title X, § 10102, Aug. 10, 1993, 107 Stat. 406; Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–235; Pub. L. 107–63, title I, (2), Nov. 5, 2001, 115 Stat. 419; Pub. L. 108–108, title I, (2), Nov. 10, 2003, 117 Stat. 1245; Pub. L. 110–161, div. F, title I, (3), Dec. 26, 2007, 121 Stat. 2101; Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat. 704; Pub. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat. 2907.) Editorial Notes CODIFICATION Pub. L. 111–88, which directed the amendment of sec- tion 28g of title 30, United States Code, was executed by making the amendment to section 10102 of Pub. L. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 2009 Amendment note below. Pub. L. 110–161, which directed the amendment of sec- tion 28 of title 30, United States Code, ‘‘in section 28g’’, was executed by making the amendment to section 10102 of Pub. L. 103–66, which is classified to this sec- tion, to reflect the probable intent of Congress. See 2007 Amendment note below. Pub. L. 108–108, which directed the amendment of sec- tion 28 of title 30, United States Code, ‘‘in section 28g’’, was executed by making the amendment to section 10102 of Pub. L. 103–66, which is classified to this sec- tion, to reflect the probable intent of Congress. See 2003 Amendment note below. Pub. L. 107–63, which directed the amendment of sec- tion 28f(a) of title 30, United States Code, in section 28g, was executed by making the amendment to section 10102 of Pub. L. 103–66, which is classified to this sec- tion, to reflect the probable intent of Congress. See 2001 Amendment note below. Pub. L. 105–277, which directed the amendment of sec- tion 28g of title 30, United States Code, was executed by making the amendment to section 10102 of Pub. L. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 1998 Amendment note below. AMENDMENTS 2009—Pub. L. 111–88 substituted ‘‘, to the extent pro- vided in advance in Appropriations Acts,’’ for ‘‘and be- fore September 30, 2008,’’. See Codification note above. Pub. L. 111–8, which directed the removal of the modi- fications made by Pub. L. 110–161, was executed by in- serting ‘‘and before September 30, 2008,’’ before ‘‘pursu- ant to’’. See 2007 Amendment note below. 2007—Pub. L. 110–161 struck out ‘‘and before Sep- tember 30, 2008,’’ before ‘‘pursuant to’’. See Codification note above. 2003—Pub. L. 108–108 substituted ‘‘2008’’ for ‘‘2003’’. See Codification note above. 2001—Pub. L. 107–63 substituted ‘‘2003’’ for ‘‘2001’’. See Codification note above. 1998—Pub. L. 105–277 substituted ‘‘2001’’ for ‘‘1998’’. See Codification note above. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1378, 1379. Page 14 TITLE 30—MINERAL LANDS AND MINING § 28h 1 See References in Text note below. § 28h. Co-ownership The co-ownership provisions of the Mining Law of 1872 (30 U.S.C. 28) 1 shall remain in effect, except that in applying such provisions, the an- nual claim maintenance fee required under this Act shall, where applicable, replace applicable assessment requirements and expenditures. (Pub. L. 103–66, title X, § 10103, Aug. 10, 1993, 107 Stat. 406.) Editorial Notes REFERENCES IN TEXT The Mining Law of 1872 (30 U.S.C. 28), referred to in text, probably means act May 10, 1872, ch. 152, 17 Stat. 91. That act was incorporated into the Revised Statutes as R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this title. For complete classi- fication of R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344 to the Code, see Tables. This Act, referred to in text, is Pub. L. 103–66, Aug. 10, 1993, 107 Stat. 312, known as the Omnibus Budget Reconciliation Act of 1993. The annual claim mainte- nance fee required under this Act probably refers to the fee required under section 28f of this title. For com- plete classification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1378, 1379. § 28i. Failure to pay Failure to pay the claim maintenance fee or the location fee as required by sections 28f to 28l of this title shall conclusively constitute a for- feiture 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. (Pub. L. 103–66, title X, § 10104, Aug. 10, 1993, 107 Stat. 406; Pub. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat. 2908.) Editorial Notes CODIFICATION Pub. L. 111–88, which directed the amendment of sec- tion 28i of title 30, United States Code, was executed by making the amendment to section 10104 of Pub. L. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 2009 Amendment note below. AMENDMENTS 2009—Pub. L. 111–88 substituted ‘‘28l’’ for ‘‘28k’’. See Codification note above. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1378, 1379. § 28j. Other requirements (a) Federal Land Policy and Management Act re- quirements Nothing in sections 28f to 28k of this title shall change or modify the requirements of section 314(b) of the Federal Land Policy and Manage- ment Act of 1976 (43 U.S.C. 1744(b)), or the re- quirements 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), and such requirements shall remain in ef- fect with respect to claims, and mill or tunnel sites for which fees are required to be paid under this section. (b) Omitted (c) Fee adjustments (1) The Secretary of the Interior shall adjust the fees required by sections 28f to 28k of this title to reflect changes in the Consumer Price Index published by the Bureau of Labor Statis- tics of the Department of Labor every 5 years after August 10, 1993, or more frequently if the Secretary determines an adjustment to be rea- sonable. (2) The Secretary shall provide claimants no- tice of any adjustment made under this sub- section not later than July 1 of any year in which the adjustment is made. (3) A fee adjustment under this subsection shall begin to apply the first assessment year which begins after adjustment is made. (Pub. L. 103–66, title X, § 10105, Aug. 10, 1993, 107 Stat. 406.) Editorial Notes CODIFICATION Section is comprised of section 10105 of Pub. L. 103–66. Subsec. (b) of section 10105 of Pub. L. 103–66 amended section 28 of this title. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1378, 1379. § 28k. Regulations The Secretary of the Interior shall promulgate rules and regulations to carry out the terms and conditions of sections 28f to 28k of this title as soon as practicable after August 10, 1993. (Pub. L. 103–66, title X, § 10106, Aug. 10, 1993, 107 Stat. 407.) Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1378, 1379. § 28l. Collection of mining law administration fees In fiscal year 2009 and each fiscal year there- after, the Bureau of Land Management shall col- lect from mining claim holders the mining claim maintenance fees and location fees; such fees shall be collected in the same manner as au- thorized by sections 28f and 28g of this title only to the extent provided in advance in appropria- tions Acts. (Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat. 704; Pub. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat. 2907.)