View all text of Chapter 2 [§ 21 - § 54]
§ 28f. Fee
(a) Claim maintenance fee
(1) Lode mining claims, mill sites, and tunnel sites
(2) Placer mining claims
(b) Time of payment
(c) Oil shale claims subject to claim maintenance fees under Energy Policy Act of 1992
(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.
(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.)