; (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) ) is amended— (1) by striking (c) The failure and inserting the following: (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. .