US Codex
Bill
Notes

To amend the Omnibus Budget Reconciliation Act of 1993 to require the Bureau of Land Management to provide a claimant of a small miner waiver from claim maintenance fees with a period of 60 days after written receipt of 1 or more defects is provided to the claimant by registered mail to cure the 1 or more defects or pay the claim maintenance fee, and for other purposes.

S. 884 · 115th Congress · Apr 6, 2017 · Lineage

A BILL

1. Small miner waivers to claim maintenance fees

(a)
Amendments to Omnibus Budget Reconciliation Act of 1993—
(1)
In general— Section 10101(d) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)) is amended—
(A)
in paragraph (2)—
(i)
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately; and
(ii)
by striking “(2) For purposes of” and inserting the following:

“(2) Definition of related party

“(A) In general—In”

(B)
in the undesignated matter following subparagraph (A)(ii) of paragraph (2) (as so redesignated), by striking “For purposes of” and all that follows through the end of the section and inserting the following:

“(B) Associated definition—For purposes of subparagraph (A), the term control includes—

“(i) actual control;

“(ii) legal control; and

“(iii) 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) Defects in applications—If a small miner waiver application is determined to be defective for any reason (including the failure to timely file a small miner’s maintenance fee waiver application or an affidavit of annual labor associated with the application and required application fees), the claimant shall have a period of 60 days after receipt of written notification of the 1 or more defects provided by the Bureau of Land Management by registered mail—

“(A) to cure any such defect; or

“(B) to pay the $100 claim maintenance fee due for that period.”

(2)
Technical corrections— Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is amended—
(A)
in subsection (a)—
(i)
in paragraph (1), in the second sentence, by striking “the Mining Law of 1872 (30 U.S.C. 28 to 28e)” and inserting “sections 2319 through 2344 of the Revised Statutes (commonly known as the “Mining Law of 1872”) (30 U.S.C. 22 et seq.)”; and
(ii)
in paragraph (2)—
(I)
in the first sentence, by striking “subsection (a)(1)” and inserting “paragraph (1)”; and
(II)
in the second sentence, by striking “the Mining Law of 1872 (30 U.S.C. 28 to 28e)” and inserting “sections 2319 through 2344 of the Revised Statutes (commonly known as the “Mining Law of 1872”) (30 U.S.C. 22 et seq.)”;
(B)
in subsection (b), in the first sentence, by striking “main tenance” and inserting “maintenance”; and
(C)
in subsection (d)(1)(B), by striking “the Mining Law of 1872 (30 U.S.C. 28–28e)” and inserting “sections 2319 through 2344 of the Revised Statutes (commonly known as the “Mining Law of 1872”) (30 U.S.C. 22 et seq.)”.
(b)
Transition rules—
(1)
Definitions— In this subsection:
(A)
Covered claimholder— The term covered claimholder means—
(i)
the claimholder of the claims in the State numbered AA023149, AA023163, AA047913, AA047914, AA047915, AA047916, AA047917, AA047918, and AA047919 (as of December 29, 2004);
(ii)
the claimholder of the claim in the State numbered FF–0593215 (as of December 29, 2004);
(iii)
the claimholder of the claims in the State numbered FS–58607, FS–58608, FS–58609, FS–58610, FS–58611, FS–58613, FS–58615, FS–58616, FS–58617, and FS–58618 (as of December 31, 2003); and
(iv)
the claimholder of the claims in the State numbered FF–53988, FF–53989, and FF–53990 (as of December 31, 1987).
(B)
State— The term State means the State of Alaska.
(2)
Treatment of covered claimholders— Each covered claimholder shall be considered to qualify for relief under section 10101(d)(3) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3)), and shall have the opportunity to cure under that section, for any prior period during which, as applicable—
(A)
1 or more defects existed in the small miner’s maintenance fee waiver application;
(B)
an affidavit of annual labor associated with a small miner’s maintenance fee waiver application was not properly filed; or
(C)
there existed a failure to pay claim maintenance fees.
(c)
Amendment to Federal Land Policy and Management Act of 1976— Section 314(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(c)) is amended—
(1)
by striking “(c) The failure” and inserting the following:

“(c) Failure To file

“(1) In general—Except as provided in paragraph (2), the failure”

(2)
by adding at the end the following:

“(2) Exception—If the owner of the mining claim or mill or tunnel site fails to timely file an instrument required under subsection (a)—

“(A) the Secretary shall provide to the owner by registered mail written notification of the failure to timely file; and

“(B) the owner shall have a period of 60 days after receipt of the notification described in subparagraph (A) to file such instrument.”