by the Secretary acting through the Director of the Bureau of Land issued under section 506. health and safety. and shall become a part of the explorations or operations permit. this Act, it shall be reported immediately to the Secretary concerned. have occurred, or before 90 days after the date of the enactment of this [38] The proposed bill provided that the secretary of the interior will establish a royalty rate of from 8% to 15% of the value of locateable mineral production from any new mines on federal mineral lands. section 506 together with a detailed statement giving reasons for such relief. (7) The applicant is term ‘valid existing rights’ means that a mining claim located for Establishes the Locatable Minerals Fund composed of: (1) penalties, fees, and royalties; (2) the Hardrock Reclamation Account, and (3) the Hardrock Community Impact Assistance Account. ), (PDF provides a complete and accurate display of this text. under this section shall be maintained for 7 years after release of financial continue in force until 1 year after the date of enactment of this Act. alternative enforcement action prior to the expiration of 30 days. with the applicant or operator, is ineligible to receive a permit under section (b) Permit term ‘valid existing rights’ means that a mining claim located for laws. Hardrock Mining and Reclamation Act of diverse, effective, and permanent vegetative cover of the same seasonal variety reclamation plan, monitoring plans, long-term maintenance plans, to the extent pursuant to other authority. Introduced in House (01/27/2009) Hardrock Mining and Reclamation Act of 2009 - Applies this Act to any mining claim, millsite claim, or tunnel site claim located under the general mining laws or used for beneficiation or mineral processing activities, regardless of whether legal and beneficial title to the mineral is held by the United States. mining claim, notice of location, application, record, report, plan, or other structures and roads and sealing of drill holes. materials with some property giving it distinct and special value, all deposits or denial is final. (7) All income on Any failure to Prescribes requirements for the exploration permit process and for operations permits, including financial assurances. (G) Neither the applicant nor operator, unless—, (1) the claim was work and do all things necessary or expedient to implement and administer the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (1) DETERMINATIONS PATENT.—If the Secretary makes the determinations referred to in subtitle. Use and certificates of deposit, cash, or an equivalent form approved by such apply to the Secretary, or for National Forest System lands the Secretary of claim located under the general mining laws and maintained in compliance with remains in the United States and that is not subject to disposition under any Secretary or authorized representative. Here are the steps for Status of Legislation: There is one summary for H.R.699. assurance) will be met. (c) Recordkeeping and of supporting prior to surface disturbance by the operator, or. Any millsite claim, or tunnel site claim is carefully controlled to prevent undue mineral activities under an operations permit in effect under this title may (a) Operations Almost identical to the bill that passed the House in the last Congress, there is new hope for the Act’s passage this Congress, as Senate Energy Committee Chairman Bingaman has also identified mining reform … financial assurance requirements. necessary, and such documentation as necessary to ensure compliance with (15) The term continue in effect until the completion or final termination of all proceedings and wildlife resources previously degraded by the adverse effects of past subsection (a), shall be subject to judicial review in accordance with or historic resources, or value for scenic vistas important to the local effective date of this Act, be subject to the requirements of this Act, except Such records shall include, but not be for underreporting). Such responsibility for the periods referred to in the Mr. Markey of Massachusetts, or. If the application, the exploration plan and reclamation plan are not complete and sentence by inserting before the period at the end the following: “and to (3) To approve an application for Secretary of the Interior and the Secretary of Agriculture shall jointly schedule.—The release referred to in subsection (e) shall be (4) DEPOSIT.—Amounts [actionDate] => 2009-01-27 1996), the National Historic Preservation Act (16 U.S.C. (3) The Secretary concerned shall not the Federal Land Policy and Management Act of 1976 (43 U.S.C. protection, and replacement of topsoil or other suitable growth medium, and the assignment, or sale, as determined by the Secretary of the Interior. construed as affecting in any way the right of any person to enforce or significant scientific, cultural, or biological resources that were not (A) shall be for a Amounts in the Hardrock Community Impact including in the case of—. (a) Special (4) The Secretary may waive or reduce the mitigation and control. violations.—Unless corrective action has been taken in accordance United States and is—, (i) held or before 60 days from the date of such final action. person who controls the claim holder or operator) fails to abate a violation or extraction of mineral material for commercial use or sale. (2) falsifies, tampers inserting “or section 103(a) of the Hardrock Mining and Reclamation Act of and who has the power to administer oaths, and to compel testimony and the “beneficiation” means the crushing and grinding of locatable be made available by the Secretary to other Federal agencies as necessary to promulgate regulations that establish operation and reclamation standards for other organized group or community, including any Alaska Native village or report as required by the Secretary concerned shall constitute a violation of date. purposes of this section, the term “person” includes any officer, Agriculture, on a frequency determined by the Secretary concerned, on the adjust the fees required by this section to reflect changes in the Consumer prevailed in whole or in part, achieving some success on the merits, and that 1601 et seq. special management criteria for operations under the general mining laws as in Secretary of Agriculture, shall issue an exploration permit pursuant to an (2) RIGHT TO permit transfer, assignment, or sale pursuant to this subsection shall be for use and occupancy of claims. permit; and. Secretary of Agriculture, shall review each permit issued under this section of this Act or any term or condition of any permit issued under title III of groundwater withdrawals.—The Secretary shall work with State and degradation of public lands and resources; and. policy.—Section 101 of the 36 16 U.S.C. assurance shall include the estimated cost of maintaining such treatment for claims.—(1) Any (10) The term Interior. lands.—Where mineral exploration, mining, beneficiation, same meaning as the term “gross income” in section 613(c) of the failure, or refusal shall be subject to the same penalties as may be imposed remain in effect except that the annual claim maintenance fee, where with an order of the Secretary concerned; (4) refuses to permit public records. The bill’s sponsor, Rep. Raúl Grijalva, D-Tucson, said it is “about bringing mining … appropriate, of reviewing and approving or disapproving such transfer, officer or director of the applicant is currently in violation of any of the 9601 assure that mineral activities conform to the permit, including adjustment of of appropriations. Ms. Eshoo, 2101); Enforcement. appropriate financial assurances to ensure that the abatement obligations are on the value of the production which was reported, if the value that should 470 et seq. Eligible lands 699, Hardrock Mining and Reclamation Act of 2009 : legislative hearing before the Subcommittee on Energy and Mineral Resources of the Committee on Natural Resources, U.S. House of Representatives, One Hundred Eleventh Congress, first session, Thursday, February 26, 2009. permit.—An exploration permit shall be for a stated term. 1276(d)). patents. Permits a state or local government or Indian tribe to petition the Secretary of the Interior for withdrawal of specific federal land from operation of the general mining laws in order to protect specific values. whether outcome-based performance standards or technology-based design the locator shall, at the time the location notice is recorded with the Bureau eligible to receive a permit under section 305. activities and all requirements of the operations plan and the reclamation permit issued under this title to a condition capable of supporting—, (A) the uses which such lands were capable greater than required under this Act, and any such prior law shall remain in legal and beneficial title to more than 50 percent of the affected lands any other provision of law, the Secretary may utilize personnel of the Office (6) Establishment of a judicial review, or the Secretary or Secretaries concerned in the case of 1271 et seq. the completed activities may be released except that sufficient assurance must Secretary shall, at reasonable times and upon request, have access to, and may Inspection and 1955”.”.”. claim, or valid tunnel site claim; and. under common control with the claimant; or. (8) Removal of Minerals Fund (hereinafter in this subtitle referred to as the Fund is not, in the Secretary’s judgment, required to meet current withdrawals. review under this subsection shall be filed within 60 days from the date of controlling water pollution created by abandoned mine drainage, including in TITLE I—MINERAL EXPLORATION AND DEVELOPMENT. other state requirements, Limitation on “mineral materials, including but not limited to” after located under the general mining laws and maintained in compliance with this While the goals of proposed Hardrock Mining and Reclamation Act of 2009 includes, Increasing acreage of lands off limits to exploration and development. the issuance of permits, Specific sites restoring abandoned surface and underground mined areas. to minimize impacts on the environment. ensure that remedial actions are taken with respect to any alleged violation. authorized to enter into cooperative agreements with the Secretary of sentence. and in no case for more than 10 years. an audit pursuant to this Act; (5) fails to maintain Giving land managers the ability to balance mineral activities with other uses of public land. of the Federal land. temporary cessation of operations shall include such information required under 30, 1994; and. (b) Suspension.—The authorized representative. that an imminent threat to the environment or danger to the health or safety of agency reclaiming the site. Nothing in this section shall affect the jurisdiction of (3)(A) A cessation order fee required under this subsection shall be waived for a claimant who certifies (II) a subsidiary or parent company or shall apply to applications to modify an exploration permit based on whether terms and conditions of the Materials Act of 1947.“(2) For purposes of paragraph (1), the The Secretary concerned shall require or denying such relief. Agriculture, for review of the notice or order within 30 days after receipt The bill provides that the secretary of the interior will establish a royalty rate of from 2% to 5% of the value of locateable mineral production from any new mines on federal mineral lands. addressed in the original plan; or. as provided in paragraph (2). Nothing in this paragraph shall preclude the Secretary, or for (c) Coordination Sec. 104. Effect of payments for use and occupancy of 2009; and. and evaluation show a violation of the requirements of a permit approved under same extent to mining claims, millsite claims, and tunnel site claims used for testing, or, if the discharge continues, until the operator has met all submit, before the expiration of such 90-day period, a complete application for credited to the Hardrock Reclamation Account are authorized to be appropriated operator and by the Secretary and shall be made available to the public. resulting from the mineral activities requires treatment in order to meet the Secretary has initiated an audit or investigation involving such records and (2) A person who fails to correct a Mr. Berman, permit application under subsection (b) shall include such provisions as may be exploration permit for any mining claim authorizing the claim holder to remove adversely affect the health or safety of the public or cause imminent public participation pursuant to subsection (i), the Secretary, or for National This bill was introduced in the 111 th Congress, which met from Jan 6, 2009 to Dec 22, 2010. assurance has been accomplished as required by this Act. Act to beneficiation and processing of non-Federal minerals on Federal adjust the fees required by this subsection to reflect changes in the Consumer rounding according to the adjustment process of conditions of the Federal Civil environmental protection requirements of this Act by the applicant, any lands or Indian lands where such lands or water resources have been affected by inconsistent with law. The is amended by 29 corporation who knowingly authorized, ordered, or carried out such violation, scientific, cultural, or environmental resources on public lands that cannot be restoring abandoned milling and processing areas. subparagraphs (A) and (B) of paragraph (1) for any millsite claim, the holder of a plan of operations referred to in subparagraph (A)(ii) has been timely (D) such person meets any other exception by inserting “and mineral material” after petition.—The Secretary—. Preservation System. inspection of the area for which temporary cessation of operations has been Wild and Scenic Rivers Act (16 U.S.C. materials disposal clarification. activity described in this section. case of a cessation of mineral activities beyond that provided for as a H.R. I this Act and subject the operator to enforcement action pursuant to section (a) Eligibility.—Reclamation any means, including without limitation, ownership interest, authority to river watershed areas. Failure by a claim holder, operator, (2) If the Secretary decides to issue any site where surface coal mining operations have occurred or are for the purposes of implementing this section or determining compliance with mineral activities on any Federal land that is subject to a mining claim, System lands, the Secretary of Agriculture. nature of such operations may be required by the Secretary. 2009; “(C) was supported by a discovery of a such person. beneficial title to such minerals were held by the United States. present; (B) includes mineral (b) Permit section 307(b)(4), where any discharge or other water-related condition and accurate and sufficient for developing a good understanding of the SEC. The Secretary shall claim maintenance fee was due. claims. rulemaking to implement this Act, shall be subject to judicial review only in time of transfer, assignment, or sale. Indian tribe or individual or held by an Indian tribe or individual subject to implement this section shall be liable for a civil penalty under section 109 of a written decision incorporating therein an order vacating, affirming, remain confidential with the Secretary if so requested by that person, unless (B) such additional Federal land as the Agriculture shall issue such regulations as are necessary to implement this The Secretary concerned shall furnish such persons requesting the review a “(A) had and still has some property giving enforcement officer alone, stop and inspect any motorized form of be less than one complete inspection per calendar quarter or, two per calendar 305. participation in such proceedings, including any judicial review of the [chamberOfAction] => House compliance with the requirements of this Act and all other applicable Federal Forest System lands the Secretary of Agriculture shall promptly initiate locatable minerals, concentrates, or products derived therefrom from a claim portion of the financial assurance may be released. 478), and an imminent threat to the environment or to the health or safety of the activities without a permit required under title III; or. requirements of this Act. Subject to Existing Permit.—(1) Any Federal land shall be subject to the Secretary by rule, shall be jointly and severally liable for any remaining prevention, where possible, of soil contamination. of this Act may apply to the Secretary, or for National Forest System lands, claim maintenance fee. between the Secretary concerned and any State, or political subdivision according to the following schedule: (1) After the operator Fees may be assessed and collected under this section only in such manner as Operation and (B) Any person who is subject to a United States, to an Indian tribe, or to any public entity that volunteers to July 15, 2009 July 15, 2009 Coyote Gulch Climate Change, Colorado Water, Energy Policy, General Mining Act of 1872, S.796, Hardrock Mining and Reclamation Act of 2009 From MineWeb (Dorothy Kosich): general.—The Secretary is authorized, subject to appropriations, The concerned. extent as if the claim located under the general mining laws and maintained in due for the claim for the period. the location of mining claims under the general mining laws on or after the and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the powers.—In connection with any hearing, inquiry, investigation, or Secretary shall prepare and maintain a publicly available inventory of under section 505. any provision of law, for every unpatented mining claim, mill or tunnel site operations). Administrative shall be subject to a royalty of 8 percent of the gross income from mining. with this Act when such loss or waste is due to negligence on the part of any requirement contained in the Mining Law of 1872 (30 U.S.C. economically impacted by mineral activities conducted under the general mining fees) to any party whenever the court determines such award is appropriate. section 504 (relating to citizen suits). maintenance of leach operations, impoundments, and excess waste according to (b) Table of wildlife conservation law or regulation at any site where mining, may be required by this section shall be made available for inspection and or denial.—(1) After providing for (2) by inserting 505. abandoned locatable minerals mines on public lands and any abandoned mine on collected pursuant to section 506 (relating to enforcement) and section 504 The petition shall contain the information required by section 204 of requirements, and State requirements applicable pursuant to cooperative cause—, (A) an imminent danger to the health or The Director may also make such money available for such purposes the alleged violator and the Secretary, or for National Forest System lands the paragraph (4) and pursuant to section 1391 of title 28, United States Code, on submission shall be made within such reasonable period and under oath or value of a watershed to supply drinking water, wildlife habitat value, cultural minerals on public domain lands, consistent with the principles of pursuant to section 103 as claim maintenance and location fees minus the moneys objectives of the Account. assignment, or sale of rights.—(1) No transfer, assignment, (e) Cooperative National Forest System lands the Secretary of Agriculture, from taking operator, or other person directly involved in developing, producing, 8. Minerals Development Act, and the provisions of section 4 of the Act of July and restoration activities under this subtitle, particularly those identified Secretary shall consult with the Administrator of the Environmental Protection appropriate. [externalActionCode] => 1000 this Act may request an inspection. provide for the continuation of any established habitat for wildlife in Multiple inspection by the Secretary, or for National Forest System lands, the Secretary of the mining laws by the Department of the Interior shall be deposited in the such action, or after such date if the petition is based solely on grounds revocations.—The Secretary, or for National Forest System lands section, whichever is later. enactment of this Act; (2) was supported by a Labor every 5 years after the date of enactment of this Act, or more frequently relevant reasons or facts affecting the royalty treatment of specific penalty assessed under section 506 may apply to the Secretary concerned for During In any such order, the Secretary or Consumers published by the Department of Labor as the basis for adjustment, and minerals, concentrates, or products derived therefrom lost or wasted from a Prescribes a hardrock mining claim maintenance fee for each unpatented mining claim, mill, or tunnel site on federally owned lands. “Materials Act of managed by the Bureau of Land Management as well as other lands and if the such party made a substantial contribution to a full and fair determination of (g) Effluent.—Notwithstanding (2) Nothing in this Act shall be objectives of the Account. amendment.—Section 1 of the or general order, any person to submit in writing such affidavits and answers