issued to implement this section xreference shall be liable for a civil penalty under section 109 of the Federal Oil and Gas Royalty Management Act ( 30 U.S.C. 1719 ) to the same extent as if the claim or lease maintained in compliance with this Act were a lease under such Act. 108. Existing production The holder of a mining claim located or converted under this Act for which mineral activities have already commenced under an approved plan of operations as of the date of enactment of this Act shall have the exclusive right of possession and use of the claimed land for mineral activities, including the right of ingress and egress to such claimed lands for such activities, subject to the rights of the United States under this Act and other applicable Federal law. Such rights of the claim holder shall terminate upon completion of mineral activities on such lands to the satisfaction of the Secretary. 109. Hardrock mining claim maintenance fee (a) Fee (1) In general (A) Required fees Except as provided in section 2511(e)(2) of the Energy Policy Act of 1992 ( 30 U.S.C. 242 ), or as otherwise provided in this Act, for each unpatented mining claim, mill, or tunnel site on federally owned lands, whether located before or on the date of enactment of this Act, each claimant shall pay to the Secretary, on or before August 31 of each year, a claim maintenance fee of $200 per claim to hold such unpatented mining claim, mill or tunnel site for the assessment year beginning at noon on the next day, September 1. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 ( 30 U.S.C. 28 et seq.) and the related filing requirements contained in section 314 (a) and (c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1744 (a) and (c)). (B) Exception for small miners Subparagraph (A) and the assessment work requirement contained in the Mining Law of 1872 ( 30 U.S.C. 28 et seq.) shall not apply with respect to any claim held by a small miner. (2) Fee adjustments