---
kind: "range"
citation: "30 U.S.C. §§ 28f–28l"
title: "30"
from: "28f"
to: "28l"
count: 7
release: "119-102"
url: "https://uscodex.org/usc/30/28f..28l"
---

# §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 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=(/us/usc/t30/s28–28e)))[^1] and the related filing requirements contained in section [1744(a)](/usc/43/1744.md?p=a) and [(c)](/usc/43/1744.md?p=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)](#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](/usc/30/28.md) to 28e)[^1] and the related filing requirements contained in section [1744(a)](/usc/43/1744.md?p=a) and [(c)](/usc/43/1744.md?p=c) of title 43.
- (b) **Time of payment—** The claim main tenance[^2] fee under [subsection (a)](#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](/usc/30/28g.md) 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](/usc/30/242.md)).
- (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](#d-2)—
    - (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=(/us/usc/t30/s28–28e)))[^1] to maintain the mining claims held by the claimant and such [related parties](#d-2) 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)](#d-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](/usc/26/152.md)), 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.

# §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](/usc/30/28f.md), of $25.00 per claim.


# §28h. Co-ownership


The co-ownership provisions of the Mining Law of 1872 ([30 U.S.C. 28](/usc/30/28.md))[^1] 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.


# §28i. Failure to pay


Failure to pay the claim maintenance fee or the location fee as required by [sections 28f to 28l](/usc/30/28f..28l.md) of this title shall conclusively constitute a forfeiture 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.


# §28j. Other requirements

- (a) **Federal Land Policy and Management Act requirements—** Nothing in [sections 28f to 28k](/usc/30/28f..28k.md) of this title 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)](/usc/43/1744.md?p=b)), or the requirements of section 314(c) of the Federal Land Policy and Management Act of 1976 ([43 U.S.C. 1744(c)](/usc/43/1744.md?p=c)) related to filings required by section 314(b), and such requirements shall remain in effect 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](/usc/30/28f..28k.md) of this title to reflect changes in the Consumer Price Index published by the Bureau of [Labor](/usc/30/28–1.md) Statistics of the Department of [Labor](/usc/30/28–1.md) every 5 years after August 10, 1993, or more frequently if the Secretary determines an adjustment to be reasonable.
  - (2) The Secretary shall provide claimants notice of any adjustment made under this subsection 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.

# §28k. Regulations


The Secretary of the Interior shall promulgate rules and regulations to carry out the terms and conditions of [sections 28f to 28k](/usc/30/28f..28k.md) of this title as soon as practicable after August 10, 1993.


# §28l. Collection of mining law administration fees


In fiscal year 2009 and each fiscal year thereafter, the Bureau of Land Management shall collect from mining claim holders the mining claim maintenance fees and location fees; such fees shall be collected in the same manner as authorized by sections [28f](/usc/30/28f.md) and [28g](/usc/30/28g.md) of this title only to the extent provided in advance in appropriations Acts.