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 provided for commencement of assessment work or improvements required for year ending 12 o’clock noon July 1, 1951, immediately fol- lowing 12 o’clock noon July 1, 1950. See sections 28b to 28e of this title. § 28b. Annual assessment work on mining claims; temporary deferment; conditions The performance of not less than $100 worth of labor or the making of improvements aggre- gating such amount, which labor or improve- ments are required under the provisions of sec- tion 28 of this title to be made during each year, may be deferred by the Secretary of the Interior as to any mining claim or group of claims in the United States upon the submission by the claim- ant of evidence satisfactory to the Secretary that such mining claim or group of claims is surrounded by lands over which a right-of-way for the performance of such assessment work has been denied or is in litigation or is in the process of acquisition under State law or that other legal impediments exist which affect the right of the claimant to enter upon the surface of such claim or group of claims or to gain ac- cess to the boundaries thereof. (June 21, 1949, ch. 232, § 1, 63 Stat. 214.) § 28c. Length and termination of deferment The period for which said deferment may be granted shall end when the conditions justifying deferment have been removed: Provided, That the initial period shall not exceed one year but may be renewed for a further period of one year if justifiable conditions exist: Provided further, That the relief available under sections 28b to 28e of this title is in addition to any relief avail- able under any other Act of Congress with re- spect to mining claims. (June 21, 1949, ch. 232, § 2, 63 Stat. 215.) § 28d. Performance of deferred work All deferred assessment work shall be per- formed not later than the end of the assessment year next subsequent to the removal or ces- sation of the causes for deferment or the expira- tion of any deferments granted under sections 28b to 28e of this title and shall be in addition to the annual assessment work required by law in such year. (June 21, 1949, ch. 232, § 3, 63 Stat. 215.) § 28e. Recordation of deferment Claimant shall file or record or cause to be filed or recorded in the office where the notice or certificate of location of such claim or group of claims is filed or recorded, a notice to the public of claimant’s petition to the Secretary of the Interior for deferment under sections 28b to 28e of this title, and of the order or decision dis- posing of such petition. (June 21, 1949, ch. 232, § 4, 63 Stat. 215.) § 28f. Fee (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 pursu- ant 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 pro- vided 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 re- quirement contained in the Mining Law of 1872 (30 U.S.C. 28–28e) 1 and the related filing re- quirements 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 Inte- rior, on or before September 1 of each year, the claim maintenance fee described in sub- section (a)(1), for each 20 acres of the placer claim or portion thereof. Such claim mainte- nance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 (30 U.S.C. 28 to 28e) 1 and the re- Page 12 TITLE 30—MINERAL LANDS AND MINING § 28f 2 So in original. Probably should be ‘‘maintenance’’. lated filing requirements contained in section 1744(a) and (c) of title 43. (b) Time of payment The claim main tenance 2 fee under subsection (a) shall be paid for the year in which the loca- tion 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 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). (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 re- quired under the Mining Law of 1872 (30 U.S.C. 28–28e) 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 de- fined in section 152 of title 26), of the claim- ant; and (B) a person who controls, is controlled by, or is under common control with the claim- ant. For purposes of this section, the term control includes actual control, legal control, and the power to exercise control, through or by com- mon directors, officers, stockholders, a voting trust, or a holding company or investment com- pany, or any other means. (3) If a small miner waiver application is de- termined to be defective for any reason, the claimant shall have a period of 60 days after re- ceipt of written notification of the defect or de- fects 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. (Pub. L. 103–66, title X, § 10101, Aug. 10, 1993, 107 Stat. 405; Pub. L. 105–240, § 116, Sept. 25, 1998, 112 Stat. 1570; 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, (1), Nov. 5, 2001, 115 Stat. 418; Pub. L. 108–108, title I, (1), Nov. 10, 2003, 117 Stat. 1245; Pub. L. 110–161, div. F, title I, (2), 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; Pub. L. 112–74, div. E, title IV, § 430, Dec. 23, 2011, 125 Stat. 1047; Pub. L. 113–6, div. F, title IV, § 1403, Mar. 26, 2013, 127 Stat. 419.) Editorial Notes REFERENCES IN TEXT The Mining Law of 1872 (30 U.S.C. 28–28e), referred to in subsecs. (a) and (d)(1)(B), 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 classification of R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344 to the Code, see Tables. CODIFICATION Pub. L. 111–88, which directed the amendment of sec- tion 28f of title 30, United States Code, was executed by making the amendment to section 10101 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 28f(a),’’ was executed by making the amendment to sec- tion 10101 of Pub. L. 103–66, which is classified to this section, 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 28f(a),’’ was executed by making the amendment to sec- tion 10101 of Pub. L. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 2003 Amendment note below. Pub. L. 107–63, which directed the amendment of sec- tion 28f of title 30, United States Code, was executed by making the amendment to section 10101 of Pub. L. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 2001 Amendment note below. Pub. L. 105–277, which directed the amendment of sec- tion 28f of title 30, United States Code, was executed by making the amendment to section 10101 of Pub. L. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 1998 Amendment notes below. Pub. L. 105–240, which directed the amendment of sec- tion 28f of title 30, United States Code, was executed by making the amendment to section 10101 of Pub. L. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 1998 Amendment note below. AMENDMENTS 2013—Subsec. (a)(1). Pub. L. 113–6, § 1403(1), substituted ‘‘before, on, or after August 10, 1993’’ for ‘‘on or after August 10, 1993’’. Subsec. (a)(2). Pub. L. 113–6, § 1403(2), struck out ‘‘lo- cated’’ after ‘‘United States’’, substituted ‘‘subsection (a)(1)’’ for ‘‘subsection (a)’’, and inserted at end ‘‘Such claim maintenance fee shall be in lieu of the assess- ment work requirement contained in the Mining Law of 1872 (30 U.S.C. 28 to 28e) and the related filing require- ments contained in section 1744(a) and (c) of title 43.’’ 2011—Subsec. (a)(1). Pub. L. 112–74, § 430(1)(A), des- ignated existing provisions as par. (1) and substituted ‘‘The holder of each unpatented lode mining claim, mill site, or tunnel site, located pursuant to the mining laws of the United States 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 ad- vance in appropriations Acts, a claim maintenance fee of $100 per claim or site, respectively.’’ 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, 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 mainte- nance fee of $100 per claim or site’’. 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.