,,ii ,calendar ,no4 #fea #aaeth ,,congress #b;d ,session ,s4 #hhd ,report ,no4 #aae-cfd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #f 7legislative day1 ,april #d71 #bjag,ms4 ,murkowski introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,november #ad1 #bjah,reported by ,ms4 ,murkowski1 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 #aiic to require the ,bureau of ,land ,management to provide a claimant of a small miner waiver from claim maintenance fees with a period of #fj days after written receipt of #a or more defects is provided to the claimant by registered mail to cure the #a or more defects or pay the claim maintenance fee1 and for other purposes4 #a4 ,small miner waivers to claim maintenance fees 7a7 ,amendments to ,omnibus ,budget ,reconciliation ,act of #aiic 7#a7 ,in general ,section #ajaja7;d7 of the ,omnibus ,budget ,reconciliation ,act of #aiic 7#cj ,u4,s4,c4 #bh;f7d77 is amended-- 7,a7 in paragraph 7#b7-- 7i7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting the clauses appropriately2 and 7ii7 by striking 7#b7 ,for purposes of and inserting the following3 7#b7 ,definition of related party 7,a7 ,in general ,in 2 and 7,b7 in the undesignated matter following subparagraph 7,a77ii7 of paragraph 7#b7 7as so redesignated71 by striking ,for purposes of and all that follows through the end of the section and inserting the following3 7,b7 ,associated definition ,for purposes of subparagraph 7,a71 the term control includes-- 7i7 actual control2 7ii7 legal control2 and 7iii7 the power to exercise control through or by common directors1 officers1 stockholders1 a voting trust1 or a holding company or investment company1 or any other means4 7#c7 ,defects in applications ,if a small miner waiver application is determined to be defective for any reason 7including 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 fees71 the claimant shall have a period of #fj days after receipt of written notification of the #a or more defects provided by the ,bureau of ,land ,management by registered mail-- 7,a7 to cure any such defect2 or 7,b7 to pay the #ajj claim maintenance fee due for that period4 4 7#b7 ,technical corrections ,section #ajaja of the ,omnibus ,budget ,reconciliation ,act of #aiic 7#cj ,u4,s4,c4 #bh;f7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 in the second sentence1 by striking the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh to #bh;e7 and inserting sections #bcai through #bcdd of the ,revised ,statutes 7commonly known as the ,mining ,law of #ahgb7 7#cj ,u4,s4,c4 #bb et seq472 and 7ii7 in paragraph 7#b7-- 7,i7 in the first sentence1 by striking subsection 7a77#a7 and inserting paragraph 7#a72 and 7,,ii7 in the second sentence1 by striking the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh to #bh;e7 and inserting sections #bcai through #bcdd of the ,revised ,statutes 7commonly known as the ,mining ,law of #ahgb7 7#cj ,u4,s4,c4 #bb et seq472 7,b7 in subsection 7b71 in the first sentence1 by striking main tenance and inserting maintenance2 and 7,c7 in subsection 7d77#a77;,b71 by striking the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh-bh;e7 and inserting sections #bcai through #bcdd of the ,revised ,statutes 7commonly known as the ,mining ,law of #ahgb7 7#cj ,u4,s4,c4 #bb et seq474 7b7 ,transition rules 7#a7 ,definitions ,in this subsection3 7,a7 ,covered claimholder ,the term covered claimholder means-- 7i7 the claimholder of the claims in the ,state numbered ,,aa#jbcadi1 ,,aa#jbcafc1 ,,aa#jdgiac1 ,,aa#jdgiad1 ,,aa#jdgiae1 ,,aa#jdgiaf1 ,,aa#jdgiag1 ,,aa#jdgiah1 and ,,aa#jdgiai 7as of ,december #bi1 #bjjd72 7ii7 the claimholder of the claim in the ,state numbered ,,ff-#jeicbae 7as of ,december #bi1 #bjjd72 7iii7 the claimholder of the claims in the ,state numbered ,,fs-#ehfjg1 ,,fs-#ehfjh1 ,,fs-#ehfji1 ,,fs-#ehfaj1 ,,fs-#ehfaa1 ,,fs-#ehfac1 ,,fs-#ehfae1 ,,fs-#ehfaf1 ,,fs-#ehfag1 and ,,fs-#ehfah 7as of ,december #ca1 #bjjc72 and 7iv7 the claimholder of the claims in the ,state numbered ,,ff-#ecihh1 ,,ff-#ecihi1 and ,,ff-#eciij 7as of ,december #ca1 #aihg74 7,b7 ,state ,the term ,state means the ,state of ,alaska4 7#b7 ,treatment of covered claimholders ,each covered claimholder shall be considered to qualify for relief under section #ajaja7;d77#c7 of the ,omnibus ,budget ,reconciliation ,act of #aiic 7#cj ,u4,s4,c4 #bh;f7d77#c771 and shall have the opportunity to cure under that section1 for any prior period during which1 as applicable-- 7,a7 #a or more defects existed in the small miner's maintenance fee waiver application2 7,b7 an affidavit of annual labor associated with a small miner's maintenance fee waiver application was not properly filed2 or 7,c7 there existed a failure to pay claim maintenance fees4 7c7 ,amendment to ,federal ,land ,policy and ,management ,act of #aigf ,section #cad7;c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agdd7;c77 is amended-- 7#a7 by striking 7c7 ,the failure and inserting the following3 7c7 ,failure ,to file 7#a7 ,in general ,except as provided in paragraph 7#b71 the failure 2 and 7#b7 by adding at the end the following3 7#b7 ,exception ,if the owner of the mining claim or mill or tunnel site fails to timely file an instrument required under subsection 7a7-- 7,a7 the ,secretary shall provide to the owner by registered mail written notification of the failure to timely file2 and 7,b7 the owner shall have a period of #fj days after receipt of the notification described in subparagraph 7,a7 to file such instrument4 4 #a4 ,small miner waivers to claim maintenance fees 7a7 ,definitions ,in this section3 7#a7 ,covered claimholder ,the term covered claimholder means-- 7,a7 the claimholder of the claims in the ,state numbered ,,aa#jbcadi1 ,,aa#jbcafc1 ,,aa#jdgiac1 ,,aa#jdgiad1 ,,aa#jdgiae1 ,,aa#jdgiaf1 ,,aa#jdgiag1 ,,aa#jdgiah1 and ,,aa#jdgiai 7as of ,december #bi1 #bjjd72 7,b7 the claimholder of the claim in the ,state numbered ,,ff-#jeicae 7as of ,december #bi1 #bjjd72 7,c7 the claimholder of the claims in the ,state numbered ,,ff-#ehfjg1 ,,ff-#ehfjh1 ,,ff-#ehfji1 ,,ff-#ehfaj1 ,,ff-#ehfaa1 ,,ff-#ehfac1 ,,ff-#ehfae1 ,,ff-#ehfaf1 ,,ff-#ehfag1 and ,,ff-#ehfah 7as of ,december #ca1 #bjjc72 and 7,d7 the claimholder of the claims in the ,state numbered ,,ff-#ecihh1 ,,ff-#ecihi1 and ,,ff-#eciij 7as of ,december #ca1 #aihg74 7#b7 ,defect ,the term defect includes a failure-- 7,a7 to timely file-- 7i7 a small miner maintenance fee waiver application2 7ii7 an affidavit of annual labor associated with a small miner maintenance fee waiver application2 or 7iii7 an instrument required under section #cad7;a7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agdd7;a772 and 7,b7 to pay the required application fee for a small maintenance fee waiver application4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#d7 ,state ,the term ,state means the ,state of ,alaska4 7b7 ,treatment of covered claimholders ,notwithstanding section #ajaja7;d7 of the ,omnibus ,budget ,reconciliation ,act of #aiic 7#cj ,u4,s4,c4 #bh;f7d77 and section #cad7;c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agdd7;c771 each covered claimholder shall1 during the #fj-;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 opportunity1 have the opportunity-- 7#a7 7,a7 to cure any defect in a small miner maintenance fee waiver application 7including the failure to timely file a small miner maintenance fee waiver application7 for any prior period during which the defect existed2 or 7,b7 to pay any claim maintenance fees due for any prior period during which the defect existed2 and 7#b7 to cure any defect in the filing of any instrument required under section #cad7;a7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agdd7;a77 7including the failure to timely file any required instrument7 for any prior period during which the defect existed4 7c7 ,reinstatement of claims deemed forfeited ,the ,secretary shall reinstate any claim of a covered claimholder as of the date declared forfeited and void-- 7#a7 under section #ajajd of the ,omnibus ,budget ,reconciliation ,act of #aiic 7#cj ,u4,s4,c4 #bh;i7 for failure to pay the claim maintenance fee or obtain a valid waiver under section #ajaja of the ,omnibus ,budget ,reconciliation ,act of #aiic 7#cj ,u4,s4,c4 #bh;f72 or 7#b7 under section #cad7;c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agdd7;c77 for failure to file any instrument required under section #cad7;a7 of that ,act 7#dc ,u4,s4,c4 #agdd7;a77 for any prior period during which the defect existed if the covered claimholder-- 7,a7 cures the defect2 or 7,b7 pays the claim maintenance fee under subsection 7b77#a77;,b74 ,amend the title so as to read3 ,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 fee1 and for other purposes44 ,november #ad1 #bjah,reported with an amendment and an amendment to the title