II 

118TH CONGRESS 

1ST SESSION S. 1281 

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. 

IN THE SENATE OF THE UNITED STATES 

APRIL 25, 2023 

Ms. CORTEZ MASTO (for herself, Mr. RISCH, Mr. CRAPO, Ms. SINEMA, and 

Ms. ROSEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mining Regulatory 

5 Clarity Act of 2023’’. 


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1 SEC. 2. USE OF MINING CLAIMS FOR ANCILLARY ACTIVI2 TIES. 

3 Section 10101 of the Omnibus Budget Reconciliation 

4 Act of 1993 (30 U.S.C. 28f) is amended by adding at the 

5 end the following: 

6 ‘‘(e) SECURITY OF TENURE.— 

7 ‘‘(1) CLAIMANT RIGHTS.— 

8 ‘‘(A) DEFINITION OF OPERATIONS.—In 

9 this paragraph, the term ‘operations’ means— 

10 ‘‘(i) with respect to a locatable min11 eral, any activity or work carried out in 

12 connection with— 

13 ‘‘(I) prospecting; 

14 ‘‘(II) exploration; 

15 ‘‘(III) discovery and assessment; 

16 ‘‘(IV) development; 

17 ‘‘(V) extraction; or 

18 ‘‘(VI) processing; 

19 ‘‘(ii) the reclamation of an area dis20 turbed by an activity described in clause 

21 (i); and 

22 ‘‘(iii) any activity reasonably incident 

23 to an activity described in clause (i) or (ii), 

24 regardless of whether that incidental activ25 ity is carried out on a mining claim, in26 cluding the construction and maintenance 


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1 of any road, transmission line, pipeline, or 

2 any other necessary infrastructure or 

3 means of access on public land for a sup4 port facility. 

5 ‘‘(B) RIGHTS TO USE, OCCUPATION, AND

6 OPERATIONS.—A claimant shall have the right 

7 to use, occupy, and conduct operations on pub8 lic land, with or without the discovery of a valu9 able mineral deposit, if— 

10 ‘‘(i) the claimant makes a timely pay11 ment of the location fee required by section 

12 10102 and the claim maintenance fee re13 quired by subsection (a); or 

14 ‘‘(ii) in the case of a claimant who 

15 qualifies for a waiver under subsection 

16 (d)— 

17 ‘‘(I) the claimant makes a timely 

18 payment of the location fee required 

19 by section 10102; and 

20 ‘‘(II) the claimant complies with 

21 the required assessment work under 

22 the general mining laws. 

23 ‘‘(2) FULFILLMENT OF FEDERAL LAND POLICY

24 AND MANAGEMENT ACT OF 1976.—A claimant that 

25 fulfills the requirements of this section and section 


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1 10102 shall be deemed to satisfy any requirements 

2 under the Federal Land Policy and Management Act 

3 of 1976 (43 U.S.C. 1701 et seq.) for the payment 

4 of fair market value to the United States for the use 

5 of public land and resources pursuant to the general 

6 mining laws. 

7 ‘‘(3) SAVINGS CLAUSE.—Nothing in this sub8 section diminishes any right (including a right of 

9 entry, use, or occupancy) of a claimant.’’. 

Æ 


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