[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2925 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
2d Session
H. R. 2925
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 9, 2024
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
To amend the Omnibus Budget Reconciliation Act of 1993 to provide for
security of tenure for use of mining claims for ancillary activities,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mining Regulatory Clarity Act of
2024''.
SEC. 2. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.
Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30
U.S.C. 28f) is amended by adding at the end the following:
``(e) Security of Tenure.--
``(1) Claimant rights.--
``(A) Definition of operations.--In this paragraph,
the term `operations' means--
``(i) with respect to a locatable mineral,
any activity or work carried out in connection
with--
``(I) prospecting;
``(II) exploration;
``(III) discovery and assessment;
``(IV) development;
``(V) extraction; or
``(VI) processing;
``(ii) the reclamation of an area disturbed
by an activity described in clause (i); and
``(iii) any activity reasonably incident to
an activity described in clause (i) or (ii),
regardless of whether that incidental activity
is carried out on a mining claim, including the
construction and maintenance of any road,
transmission line, pipeline, or any other
necessary infrastructure or means of access on
public land for a support facility.
``(B) Rights to use, occupation, and operations.--A
claimant shall have the right to use and occupy to
conduct operations on public land, with or without the
discovery of a valuable mineral deposit, if--
``(i) the claimant makes a timely payment
of--
``(I) the location fee required by
section 10102; and
``(II) the claim maintenance fee
required by subsection (a); or
``(ii) in the case of a claimant who
qualifies for a waiver of the claim maintenance
fee under subsection (d)--
``(I) the claimant makes a timely
payment of the location fee required by
section 10102; and
``(II) the claimant complies with
the required assessment work under the
general mining laws.
``(2) Fulfillment of federal land policy and management act
of 1976.--A claimant that fulfills the requirements of this
section and section 10102 shall be deemed to satisfy any
requirements under the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.) for the payment of fair market
value to the United States for the use of public land and
resources pursuant to the general mining laws.
``(3) Savings clause.--Nothing in this subsection--
``(A) diminishes any right (including a right of
entry, use, or occupancy) of a claimant;
``(B) creates or increases any right (including a
right of exploration, entry, use, or occupancy) of a
claimant on lands that are not open to location under
the general mining laws;
``(C) modifies any provision of law or any prior
administrative action withdrawing lands from location
or entry;
``(D) limits the right of the Federal Government to
regulate mining and mining-related activities
(including requiring claim validity examinations to
establish the discovery of a valuable mineral deposit)
in areas withdrawn from mining (including under--
``(i) the general mining laws;
``(ii) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et
seq.);
``(iii) the Wilderness Act (16 U.S.C. 1131
et seq.);
``(iv) sections 100731 through 100737 of
title 54, United States Code (commonly referred
to as the `Mining in the Parks Act');
``(v) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); or
``(vi) division A of subtitle III of title
54, United States Code (commonly referred to as
the `National Historic Preservation Act')); or
``(E) restores any right (including a right of
entry, use, or occupancy, or right to conduct
operations) of a claimant that existed prior to the
date that the lands were closed to or withdrawn from
location under the general mining laws and that has
been extinguished by such closure or withdrawal.''.
Passed the House of Representatives May 8, 2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.