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.

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. 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) (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 (2) Definition of related party (A) In general In ; and (B) in the undesignated matter following subparagraph (A)(ii) of paragraph (2) (as so redesignated), by striking For purposes of (B) Associated definition For purposes of subparagraph (A), the term control (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 (A) in subsection (a)— (i) in paragraph (1), in the second sentence, by striking the Mining Law of 1872 ( 30 U.S.C. 28 sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872 30 U.S.C. 22 (ii) in paragraph (2)— (I) in the first sentence, by striking subsection (a)(1) paragraph (1) (II) in the second sentence, by striking the Mining Law of 1872 ( 30 U.S.C. 28 sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872 30 U.S.C. 22 (B) in subsection (b), in the first sentence, by striking main tenance maintenance (C) in subsection (d)(1)(B), by striking the Mining Law of 1872 ( 30 U.S.C. 28–28e sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872 30 U.S.C. 22 (b) Transition rules (1) Definitions In this subsection: (A) Covered claimholder The term covered claimholder (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 (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) (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) (1) by striking (c) The failure (c) Failure To file (1) In general Except as provided in paragraph (2), the failure ; and (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. .

Summary: This bill amends the Omnibus Budget Reconciliation Act of 1993 to specify that a reason that a small miner's application for a claim maintenance fee waiver may be determined to be defective, in order for such clamant to qualify for 60 days to cure the defects or pay the maintenance fee due, shall include the failure to timely file either such application or an affidavit of annual labor associated with the application and required application fees. The holders of specified claims in Alaska are considered to qualify for such relief and opportunity to cure such defect(s) for any prior period during which: (1) one or more defects existed in their waiver application, (2) an affidavit of annual labor associated with such application was not properly filed, or (3) there existed a failure to pay claim maintenance fees. The bill amends the Federal Land Policy and Management Act of 1976 to require the Department of the Interior to notify by registered mail an owner of a mining claim or mill or tunnel site of such owner's failure to timely file an instrument required by such Act for recording such owner's mining claim. Such owner shall have 60 days after receiving such notification to file that instrument.