II 

Calendar No. 651 

115TH CONGRESS 

2D SESSION S. 884 

[Report No. 115–364] 

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. 

IN THE SENATE OF THE UNITED STATES 

APRIL 6 (legislative day, APRIL 4), 2017 

Ms. MURKOWSKI introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

NOVEMBER 14, 2018 

Reported by Ms. MURKOWSKI, with an amendment and an amendment to the 

title 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SMALL MINER WAIVERS TO CLAIM MAINTE4 NANCE FEES. 

5 (a) AMENDMENTS TO OMNIBUS BUDGET RECONCILI6 ATION ACT OF 1993.— 

7 (1) IN GENERAL.—Section 10101(d) of the Om8 nibus Budget Reconciliation Act of 1993 (30 U.S.C. 

9 28f(d)) is amended— 

10 (A) in paragraph (2)— 

11 (i) by redesignating subparagraphs 

12 (A) and (B) as clauses (i) and (ii), respec13 tively, and indenting the clauses appro14 priately; and 

15 (ii) by striking ‘‘(2) For purposes of’’ 

16 and inserting the following: 

17 ‘‘(2) DEFINITION OF RELATED PARTY.— 

18 ‘‘(A) IN GENERAL.—In’’; and 

19 (B) in the undesignated matter following 

20 subparagraph (A)(ii) of paragraph (2) (as so 

21 redesignated), by striking ‘‘For purposes of’’ 

22 and all that follows through the end of the sec23 tion and inserting the following: 


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1 ‘‘(B) ASSOCIATED DEFINITION.—For pur2 poses of subparagraph (A), the term ‘control’ 

3 includes— 

4 ‘‘(i) actual control; 

5 ‘‘(ii) legal control; and 

6 ‘‘(iii) the power to exercise control 

7 through or by common directors, officers, 

8 stockholders, a voting trust, or a holding 

9 company or investment company, or any 

10 other means. 

11 ‘‘(3) DEFECTS IN APPLICATIONS.—If a small 

12 miner waiver application is determined to be defec13 tive for any reason (including the failure to timely 

14 file a small miner’s maintenance fee waiver applica15 tion or an affidavit of annual labor associated with 

16 the application and required application fees), the 

17 claimant shall have a period of 60 days after receipt 

18 of written notification of the 1 or more defects pro19 vided by the Bureau of Land Management by reg20 istered mail— 

21 ‘‘(A) to cure any such defect; or 

22 ‘‘(B) to pay the $100 claim maintenance 

23 fee due for that period.’’. 


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1 (2) TECHNICAL CORRECTIONS.—Section 10101 

2 of the Omnibus Budget Reconciliation Act of 1993 

3 (30 U.S.C. 28f) is amended— 

4 (A) in subsection (a)— 

5 (i) in paragraph (1), in the second 

6 sentence, by striking ‘‘the Mining Law of 

7 1872 (30 U.S.C. 28 to 28e)’’ and inserting 

8 ‘‘sections 2319 through 2344 of the Re9 vised Statutes (commonly known as the 

10 ‘Mining Law of 1872’) (30 U.S.C. 22 et 

11 seq.)’’; and 

12 (ii) in paragraph (2)— 

13 (I) in the first sentence, by strik14 ing ‘‘subsection (a)(1)’’ and inserting 

15 ‘‘paragraph (1)’’; and 

16 (II) in the second sentence, by 

17 striking ‘‘the Mining Law of 1872 (30 

18 U.S.C. 28 to 28e)’’ and inserting 

19 ‘‘sections 2319 through 2344 of the 

20 Revised Statutes (commonly known as 

21 the ‘Mining Law of 1872’) (30 U.S.C. 

22 22 et seq.)’’; 

23 (B) in subsection (b), in the first sentence, 

24 by striking ‘‘main tenance’’ and inserting 

25 ‘‘maintenance’’; and 


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1 (C) in subsection (d)(1)(B), by striking 

2 ‘‘the Mining Law of 1872 (30 U.S.C. 28–28e)’’ 

3 and inserting ‘‘sections 2319 through 2344 of 

4 the Revised Statutes (commonly known as the 

5 ‘Mining Law of 1872’) (30 U.S.C. 22 et seq.)’’. 

6 (b) TRANSITION RULES.— 

7 (1) DEFINITIONS.—In this subsection: 

8 (A) COVERED CLAIMHOLDER.—The term 

9 ‘‘covered claimholder’’ means— 

10 (i) the claimholder of the claims in the 

11 State numbered AA023149, AA023163, 

12 AA047913, AA047914, AA047915, 

13 AA047916, AA047917, AA047918, and 

14 AA047919 (as of December 29, 2004); 

15 (ii) the claimholder of the claim in the 

16 State numbered FF–0593215 (as of De17 cember 29, 2004); 

18 (iii) the claimholder of the claims in 

19 the State numbered FS–58607, FS– 

20 58608, FS–58609, FS–58610, FS–58611, 

21 FS–58613, FS–58615, FS–58616, FS– 

22 58617, and FS–58618 (as of December 

23 31, 2003); and 

24 (iv) the claimholder of the claims in 

25 the State numbered FF–53988, FF– 


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1 53989, and FF–53990 (as of December 

2 31, 1987). 

3 (B) STATE.—The term ‘‘State’’ means the 

4 State of Alaska. 

5 (2) TREATMENT OF COVERED

6 CLAIMHOLDERS.—Each covered claimholder shall be 

7 considered to qualify for relief under section 

8 10101(d)(3) of the Omnibus Budget Reconciliation 

9 Act of 1993 (30 U.S.C. 28f(d)(3)), and shall have 

10 the opportunity to cure under that section, for any 

11 prior period during which, as applicable— 

12 (A) 1 or more defects existed in the small 

13 miner’s maintenance fee waiver application; 

14 (B) an affidavit of annual labor associated 

15 with a small miner’s maintenance fee waiver ap16 plication was not properly filed; or 

17 (C) there existed a failure to pay claim 

18 maintenance fees. 

19 (c) AMENDMENT TO FEDERAL LAND POLICY AND

20 MANAGEMENT ACT OF 1976.—Section 314(c) of the Fed21 eral Land Policy and Management Act of 1976 (43 U.S.C. 

22 1744(c)) is amended— 

23 (1) by striking ‘‘(c) The failure’’ and inserting 

24 the following: 

25 ‘‘(c) FAILURE TO FILE.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), the failure’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(2) EXCEPTION.—If the owner of the mining 

5 claim or mill or tunnel site fails to timely file an in6 strument required under subsection (a)— 

7 ‘‘(A) the Secretary shall provide to the 

8 owner by registered mail written notification of 

9 the failure to timely file; and 

10 ‘‘(B) the owner shall have a period of 60 

11 days after receipt of the notification described 

12 in subparagraph (A) to file such instrument.’’. 

13 SECTION 1. SMALL MINER WAIVERS TO CLAIM MAINTE14 NANCE FEES. 

15 (a) DEFINITIONS.—In this section: 

16 (1) COVERED CLAIMHOLDER.—The term ‘‘covered 

17 claimholder’’ means— 

18 (A) the claimholder of the claims in the 

19 State numbered AA023149, AA023163, 

20 AA047913, AA047914, AA047915, AA047916, 

21 AA047917, AA047918, and AA047919 (as of De22 cember 29, 2004); 

23 (B) the claimholder of the claim in the 

24 State numbered FF–059315 (as of December 29, 

25 2004); 


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1 (C) the claimholder of the claims in the 

2 State numbered FF–58607, FF–58608, FF– 

3 58609, FF–58610, FF–58611, FF–58613, FF– 

4 58615, FF–58616, FF–58617, and FF–58618 (as 

5 of December 31, 2003); and 

6 (D) the claimholder of the claims in the 

7 State numbered FF–53988, FF–53989, and FF– 

8 53990 (as of December 31, 1987). 

9 (2) DEFECT.—The term ‘‘defect’’ includes a fail10 ure— 

11 (A) to timely file— 

12 (i) a small miner maintenance fee 

13 waiver application; 

14 (ii) an affidavit of annual labor asso15 ciated with a small miner maintenance fee 

16 waiver application; or 

17 (iii) an instrument required under sec18 tion 314(a) of the Federal Land Policy and 

19 Management Act of 1976 (43 U.S.C. 

20 1744(a)); and 

21 (B) to pay the required application fee for 

22 a small maintenance fee waiver application. 

23 (3) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior. 


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1 (4) STATE.—The term ‘‘State’’ means the State 

2 of Alaska. 

3 (b) TREATMENT OF COVERED CLAIMHOLDERS.—Not4 withstanding section 10101(d) of the Omnibus Budget Rec5 onciliation Act of 1993 (30 U.S.C. 28f(d)) and section 

6 314(c) of the Federal Land Policy and Management Act of 

7 1976 (43 U.S.C. 1744(c)), each covered claimholder shall, 

8 during the 60-day period beginning on the date on which 

9 the covered claimholder receives written notification from 

10 the Bureau of Land Management by registered mail of the 

11 opportunity, have the opportunity— 

12 (1)(A) to cure any defect in a small miner main13 tenance fee waiver application (including the failure 

14 to timely file a small miner maintenance fee waiver 

15 application) for any prior period during which the 

16 defect existed; or 

17 (B) to pay any claim maintenance fees due for 

18 any prior period during which the defect existed; and 

19 (2) to cure any defect in the filing of any instru20 ment required under section 314(a) of the Federal 

21 Land Policy and Management Act of 1976 (43 U.S.C. 

22 1744(a)) (including the failure to timely file any re23 quired instrument) for any prior period during which 

24 the defect existed. 


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1 (c) REINSTATEMENT OF CLAIMS DEEMED FOR2 FEITED.—The Secretary shall reinstate any claim of a cov3 ered claimholder as of the date declared forfeited and void— 

4 (1) under section 10104 of the Omnibus Budget 

5 Reconciliation Act of 1993 (30 U.S.C. 28i) for failure 

6 to pay the claim maintenance fee or obtain a valid 

7 waiver under section 10101 of the Omnibus Budget 

8 Reconciliation Act of 1993 (30 U.S.C. 28f); or 

9 (2) under section 314(c) of the Federal Land 

10 Policy and Management Act of 1976 (43 U.S.C. 

11 1744(c)) for failure to file any instrument required 

12 under section 314(a) of that Act (43 U.S.C. 1744(a)) 

13 for any prior period during which the defect existed 

14 if the covered claimholder— 

15 (A) cures the defect; or 

16 (B) pays the claim maintenance fee under 

17 subsection (b)(1)(B). 

Amend the title so as to read: ‘‘A bill to require the 

Bureau of Land Management to provide certain covered 

claimholders the opportunity to cure any defects in a 

small miner maintenance fee waiver application or pay 

the claim maintenance fee, and for other purposes.’’. 


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Calendar No. 651 

115TH CONGRESS 

2D SESSION S. 884 

[Report No. 115–364] 

A BILL 

To amend the Omnibus Budget Reconciliation Act 

claim maintenance fee, and for other purposes. mail to cure the 1 or more defects or pay the fects is provided to the claimant by registered of 60 days after written receipt of 1 or more dewaiver from claim maintenance fees with a period ment to provide a claimant of a small miner of 1993 to require the Bureau of Land ManageNOVEMBER 14, 2018 

Reported with an amendment and an amendment to the 

title 


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