United States 115th Congress Status: In Committee 1 R cosponsors

S 884 — 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.

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 651.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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.

Bill Text

What changed in the latest version

203 added · 109 removed

Plain-language change summary

The amendment changes the text in the bill by removing specific language that defined "related party" and how control is established among parties in mining operations. The updated text simplifies this section by eliminating the detailed definitions that included terms like "actual control" and "legal control." This shift may impact how relationships within mining companies are assessed, particularly regarding compliance with regulations.

→
Previous
Latest
884 Introduced in Senate (IS)] <DOC> 115th CONGRESS 1st Session S.
884 Reported in Senate (RS)] <DOC> Calendar No.
884 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.
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.
which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ 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.
which was read twice and referred to the Committee on Energy and Natural Resources November 14, 2018 Reported by Ms.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
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.
SMALL MINER WAIVERS TO CLAIM MAINTENANCE FEES.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1.
(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.
SMALL MINER WAIVERS TO CLAIM MAINTENANCE FEES.</DELETED> <DELETED> (a) Amendments to Omnibus Budget Reconciliation Act of 1993.--</DELETED> <DELETED> (1) In general.--Section 10101(d) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C.
28f(d)) is amended-- (A) in paragraph (2)-- (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately;
28f(d)) is amended--</DELETED> <DELETED> (A) in paragraph (2)--</DELETED> <DELETED> (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'' and inserting the following:
and</DELETED> <DELETED> (ii) by striking ``(2) For purposes of'' and inserting the following:</DELETED> <DELETED> ``(2) Definition of related party.--</DELETED> <DELETED> ``(A) In general.--In'';
``(2) Definition of related party.-- ``(A) In general.--In'';
and</DELETED> <DELETED> (B) in the undesignated matter following subparagraph (A)(ii) of paragraph (2) (as so redesignated), by striking ``For purposes of'' and all that follows through the end of the section and inserting the following:</DELETED> <DELETED> ``(B) Associated definition.--For purposes of subparagraph (A), the term `control' includes-- </DELETED> <DELETED> ``(i) actual control;</DELETED> <DELETED> ``(ii) legal control;
and (B) in the undesignated matter following subparagraph (A)(ii) of paragraph (2) (as so redesignated), by striking ``For purposes of'' and all that follows through the end of the section and inserting the following:
and</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(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-- </DELETED> <DELETED> ``(A) to cure any such defect;
``(B) Associated definition.--For purposes of subparagraph (A), the term `control' includes-- ``(i) actual control;
or</DELETED> <DELETED> ``(B) to pay the $100 claim maintenance fee due for that period.''.</DELETED> <DELETED> (2) Technical corrections.--Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C.
``(ii) legal control;
28f) is amended--</DELETED> <DELETED> (A) in subsection (a)--</DELETED> <DELETED> (i) in paragraph (1), in the second sentence, by striking ``the Mining Law of 1872 (30 U.S.C.
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) is amended-- (A) in subsection (a)-- (i) in paragraph (1), in the second sentence, by striking ``the Mining Law of 1872 (30 U.S.C.
and (ii) in paragraph (2)-- (I) in the first sentence, by striking ``subsection (a)(1)'' and inserting ``paragraph (1)'';
and</DELETED> <DELETED> (ii) in paragraph (2)--</DELETED> <DELETED> (I) in the first sentence, by striking ``subsection (a)(1)'' and inserting ``paragraph (1)'';
and (II) in the second sentence, by striking ``the Mining Law of 1872 (30 U.S.C.
and</DELETED> <DELETED> (II) in the second sentence, by striking ``the Mining Law of 1872 (30 U.S.C.
22 et seq.)'';
et seq.)'';</DELETED> <DELETED> (B) in subsection (b), in the first sentence, by striking ``main tenance'' and inserting ``maintenance'';
(B) in subsection (b), in the first sentence, by striking ``main tenance'' and inserting ``maintenance'';
and</DELETED> <DELETED> (C) in subsection (d)(1)(B), by striking ``the Mining Law of 1872 (30 U.S.C.
and (C) in subsection (d)(1)(B), by striking ``the Mining Law of 1872 (30 U.S.C.
et seq.)''.
22 et seq.)''.</DELETED> <DELETED> (b) Transition Rules.--</DELETED> <DELETED> (1) Definitions.--In this subsection:</DELETED> <DELETED> (A) Covered claimholder.--The term ``covered claimholder'' means--</DELETED> <DELETED> (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);</DELETED> <DELETED> (ii) the claimholder of the claim in the State numbered FF-0593215 (as of December 29, 2004);</DELETED> <DELETED> (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);
(b) Transition Rules.-- (1) Definitions.--In this subsection:
and</DELETED> <DELETED> (iv) the claimholder of the claims in the State numbered FF-53988, FF-53989, and FF-53990 (as of December 31, 1987).</DELETED> <DELETED> (B) State.--The term ``State'' means the State of Alaska.</DELETED> <DELETED> (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.
(A) Covered claimholder.--The term ``covered claimholder'' means-- (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);
28f(d)(3)), and shall have the opportunity to cure under that section, for any prior period during which, as applicable--</DELETED> <DELETED> (A) 1 or more defects existed in the small miner's maintenance fee waiver application;</DELETED> <DELETED> (B) an affidavit of annual labor associated with a small miner's maintenance fee waiver application was not properly filed;
(ii) the claimholder of the claim in the State numbered FF-0593215 (as of December 29, 2004);
or</DELETED> <DELETED> (C) there existed a failure to pay claim maintenance fees.</DELETED> <DELETED> (c) Amendment to Federal Land Policy and Management Act of 1976.--Section 314(c) of the Federal Land Policy and Management Act of (43 U.S.C.
(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);
1744(c)) is amended--</DELETED> <DELETED> (1) by striking ``(c) The failure'' and inserting the following:</DELETED> <DELETED> ``(c) Failure To File.--</DELETED> <DELETED> ``(1) In general.--Except as provided in paragraph (2), the failure'';
and (iv) the claimholder of the claims in the State numbered FF-53988, FF-53989, and FF-53990 (as of December 31, 1987).
and</DELETED> <DELETED> (2) by adding at the end the following:</DELETED> <DELETED> ``(2) Exception.--If the owner of the mining claim or mill or tunnel site fails to timely file an instrument required under subsection (a)--</DELETED> <DELETED> ``(A) the Secretary shall provide to the owner by registered mail written notification of the failure to timely file;
(B) State.--The term ``State'' means the State of Alaska.
and</DELETED> <DELETED> ``(B) the owner shall have a period of 60 days after receipt of the notification described in subparagraph (A) to file such instrument.''.</DELETED> SECTION 1.
(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 (30 U.S.C.
SMALL MINER WAIVERS TO CLAIM MAINTENANCE FEES.
28f(d)(3)), and shall have the opportunity to cure under that section, for any prior period during which, as applicable-- (A) 1 or more defects existed in the small miner's maintenance fee waiver application;
(a) Definitions.--In this section:
(B) an affidavit of annual labor associated with a small miner's maintenance fee waiver application was not properly filed;
(1) Covered claimholder.--The term ``covered claimholder'' means-- (A) the claimholder of the claims in the State numbered AA023149, AA023163, AA047913, AA047914, AA047915, AA047916, AA047917, AA047918, and AA047919 (as of December 29, 2004);
or (C) there existed a failure to pay claim maintenance fees.
(B) the claimholder of the claim in the State numbered FF-059315 (as of December 29, 2004);
(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.
(C) the claimholder of the claims in the State numbered FF-58607, FF-58608, FF-58609, FF-58610, FF- 58611, FF-58613, FF-58615, FF-58616, FF-58617, and FF- (as of December 31, 2003);
1744(c)) is amended-- (1) by striking ``(c) The failure'' and inserting the following:
and (D) the claimholder of the claims in the State numbered FF-53988, FF-53989, and FF-53990 (as of December 31, 1987).
``(c) Failure To File.-- ``(1) In general.--Except as provided in paragraph (2), the failure'';
(2) Defect.--The term ``defect'' includes a failure-- (A) to timely file-- (i) a small miner maintenance fee waiver application;
and (2) by adding at the end the following:
(ii) an affidavit of annual labor associated with a small miner maintenance fee waiver application;
``(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;
or (iii) an instrument required under section 314(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
Show all 64 changed rows (24 more)
Previous
Latest
and ``(B) the owner shall have a period of 60 days after receipt of the notification described in subparagraph (A) to file such instrument.''.
1744(a));
<all>
and (B) to pay the required application fee for a small maintenance fee waiver application.
(3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.
(4) State.--The term ``State'' means the State of Alaska.
(b) Treatment of Covered Claimholders.--Notwithstanding section 10101(d) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C.
28f(d)) and section 314(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1744(c)), each covered claimholder shall, during the 60-day period beginning on the date on which the covered claimholder receives written notification from the Bureau of Land Management by registered mail of the opportunity, have the opportunity-- (1)(A) to cure any defect in a small miner maintenance fee waiver application (including the failure to timely file a small miner maintenance fee waiver application) for any prior period during which the defect existed;
or (B) to pay any claim maintenance fees due for any prior period during which the defect existed;
and (2) to cure any defect in the filing of any instrument required under section 314(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1744(a)) (including the failure to timely file any required instrument) for any prior period during which the defect existed.
(c) Reinstatement of Claims Deemed Forfeited.--The Secretary shall reinstate any claim of a covered claimholder as of the date declared forfeited and void-- (1) under section 10104 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C.
28i) for failure to pay the claim maintenance fee or obtain a valid waiver under section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C.
28f);
or (2) under section 314(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1744(c)) for failure to file any instrument required under section 314(a) of that Act (43 U.S.C.
1744(a)) for any prior period during which the defect existed if the covered claimholder-- (A) cures the defect;
or (B) pays the claim maintenance fee under 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.''.
Calendar No.
651 115th CONGRESS 2d Session S.
884 [Report No.
115-364] _______________________________________________________________________ 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.
_______________________________________________________________________ November 14, 2018 Reported with an amendment and an amendment to the title
⬇ Download PDF
View plain text versions (2)

How this bill changes current law

6 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends existing law to provide a 60-day period for claimants of small miner waivers to cure defects or pay maintenance fees.

  • 30 U.S.C. 28f(d)(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. → 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.

    It clarifies the conditions under which a claimant must respond to defects and ensures they receive written notification via registered mail.

  • 30 U.S.C. 28f

    the Mining Law of 1872 (30 U.S.C. 28 to 28e) → sections 2319 through 2344 of the Revised Statutes (commonly known as the `Mining Law of 1872') (30 U.S.C. 22 et seq.)

    This updates the reference to the Mining Law of 1872 to align with its current statutory citations.

  • 30 U.S.C. 28f

    subsection (a)(1) → paragraph (1)

    This change corrects the reference to the correct paragraph structure within the subsection.

  • 30 U.S.C. 28f(d)(1)(B)

    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 et seq.)

    It modernizes and corrects the citation for consistency across the statute.

  • 43 U.S.C. 1744(c)

    (c) The failure → (c) Failure To File.--(1) In general.--Except as provided in paragraph (2), the failure

    This clarifies the title of the section and specifies the conditions regarding failure to file instruments as required.

  • 43 U.S.C. 1744(c)

    the failure to timely file; → to timely file any required instrument;

    This expands the criteria for which failures allow for the opportunity to cure under the outlined procedures.

Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on Energy and Natural Resources.

  3. Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held. With printed Hearing: S.Hrg. 115-482.

  4. Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

  5. Committee on Energy and Natural Resources. Reported by Senator Murkowski with an amendment in the nature of a substitute and an amendment to the title. With written report No. 115-364.

  6. Committee on Energy and Natural Resources. Reported by Senator Murkowski with an amendment in the nature of a substitute and an amendment to the title. With written report No. 115-364.

  7. Placed on Senate Legislative Calendar under General Orders. Calendar No. 651.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does S 884 do?
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.
Who sponsors S 884?
S 884 is sponsored by Murkowski, Lisa (Republican).
What is the current status of S 884?
This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 884?
Track S 884 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on S 884

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of S 884

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →