30 U.S.C. § 28f : US Code - Section 28F: Fee

Search 30 U.S.C. § 28f : US Code - Section 28F: Fee

(a) Claim maintenance fee
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 2004 through 2008, a claim maintenance fee of $100 per
claim or site (!1) 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) (!2) and the related filing requirements
contained in section 1744(a) and (c) of title 43.
(b) Time of payment
The claim maintenance fee payable pursuant to subsection (a) of
this section for any assessment year shall be paid before the
commencement 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. 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 required 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 defined in section
152 of title 26), 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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