543
(F) Additional information on whether the
following are provided by the landlord on a 5-
year basis:
(i) Fencing maintenance.
(ii) Animal management and over-
sight.
(iii) Water maintenance.
(iv) Salt and minerals.
(v) Other service (specified).
(vi) No services.
(vii) Hunting.
(viii) Fishing.
(ix) Other (specified).
(x) None.
(6) PRIVATE
NATIVE
RANGELAND.—For the
purpose of determining rates for grazing leases of
private native rangeland, rates for irrigated pasture,
crop aftermath, and dryland winter wheat shall be
excluded.
SEC. 9333. ANIMAL UNIT MONTH.
(a) DEFINITION
OF ANIMAL UNIT MONTH.—The
term ‘‘animal unit month’’ means 1 month’s use and occu-
pancy of range by—
(1) 1 cow, bull, steer, heifer, horse, burro, or
mule, 7 sheep, or 7 goats, each of which is 6 months
544
of age or older on the date on which the animal be-
gins grazing on Federal land;
(2) any such animal regardless of age if the
animal is weaned on the date on which the animal
begins grazing on Federal land; and
(3) any such animal that will become 12
months of age during the period of use authorized
under a grazing permit or grazing lease.
(b) LIVESTOCK NOT COUNTED.—There shall not be
counted as an animal unit month the use of Federal land
for grazing by an animal that is less than 6 months of
age on the date on which the animal begins grazing on
Federal land and is the natural progeny of an animal on
which a grazing fee is paid if the animal is removed from
the Federal land before becoming 12 months of age.
SEC. 9334. TERM OF GRAZING PERMITS OR GRAZING
LEASES.
A grazing permit or grazing lease shall be issued for
a term of 15 years unless—
(1) the land is pending disposal;
(2) the land will be devoted to a public purpose
that precludes grazing prior to the end of 15 years;
or
(3) the Secretary determines that it would be in
the best interest of sound land management to speci-
545
fy a shorter term, if the decision to specify a shorter
term is supported by appropriate and accepted re-
source analysis and evaluation.
SEC. 9335. CONFORMANCE WITH LAND USE PLAN.
Livestock grazing activities and management actions
approved by the Secretary of the Interior or the Secretary
of Agriculture, as the case may be—
(1) may include any such activities as are not
clearly prohibited by a land use plan; and
(2) shall not require any consideration under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in addition to the studies sup-
porting the land use plan.
SEC. 9336. EFFECTIVE DATE.
This part shall apply to grazing on Federal lands on
and after the date of the enactment of this Act.
PART 
4—REGIONAL 
DISPOSAL 
FACILITY 
OF
SOUTHWESTERN LOW LEVEL RADIOACTIVE
WASTE DISPOSAL COMPACT
SEC. 9341. CONVEYANCE OF PROPERTY.
(a) CONVEYANCE.—Upon the tendering of $500,000
on behalf of the State of California and the release of the
United States by the State of California from any liability
for claims relating to the property described in subsection
(b), all right, title and interest of the United States in
546
and to said lands and improvements thereon are conveyed
to the Department of Health Services of the State of Cali-
fornia: Provided, That the property shall revert to the
United States if the property is not used as a low-level
radioactive waste disposal facility.
(b) DESCRIPTION.—The lands conveyed are those de-
picted on a map designated USGS 7.5 minute quadrangle,
west of Flattop Mtn, CA 1984, entitled ‘‘Location Map
for Ward Valley Site’’, located in San Bernardino Merid-
ian, Township 9 North, Range 19 East.
(c) TITLE.—The Secretary of the Interior shall issue
evidence of title pursuant to this Act notwithstanding any
other provision of law. The Southwestern Low-Level Ra-
dioactive Waste Disposal Compact’s Ward Valley regional
disposal facility and transfer of the land are in compliance
with any applicable provisions of section 7 of Endangered
Species Act of 1973 (16 U.S.C. 1536) and the National
Environmental Policy Act of 1969 (42 U.S.C. 4332).
(d) DEPOSIT OF FUNDS.—Sums received pursuant to
subsection (a) shall be deposited as miscellaneous receipts
in the Treasury of the United States.
(e) EXPIRATION OF AUTHORITY.—This authority ex-
pires October 1, 2010.
547
SEC. 9342. CONVEYANCE OF EASEMENTS.
Concurrent with the conveyance property described in
section 9341(b) to the Department of Health Services of
the State of California, all necessary easements for utili-
ties and ingress and egress to said lands described in sec-
tion 9341(b) of this Act and the right to improve those
easements, are also conveyed to the Department of Health
Services of the State of California: Provided, That the De-
partment of Health Services right-of-way easements revert
to the United States if the lands referenced in section
9341 are not licensed and used as a low-level radioactive
waste disposal facility.
Subtitle D—Territories
PART 1—COMMONWEALTH OF THE NORTHERN
MARIANA ISLANDS
SEC. 9401. TERMINATION OF ANNUAL DIRECT GRANT AS-
SISTANCE.
(a) TERMINATION.—Pursuant to section 704(d) of
the Covenant to Establish a Commonwealth of the North-
ern Mariana Islands in Political Union with the United
States of America (48 U.S.C. 1681 note), the annual pay-
ments under section 702 of the Covenant shall terminate
as of September 30, 1995.
(b) REPEAL.—Sections 3 and 4 of the Act of March
24, 1976 (Public Law 94–241; 48 U.S.C. 1681 note), as
amended, are repealed, effective October 1, 1995.
548
(c) REMOVAL OF AUTHORITY TO OBLIGATE CERTAIN
FUNDS.—Amounts appropriated under title VII of the
Covenant to Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States
of America, and under sections 3 and 4 of Public Law
94–241 (48 U.S.C. 1681), which are not obligated as of
the date of the enactment of this Act may not be obligated
after such date.
(d) CONFORMING AMENDMENTS.—Section 5 of such
Act (48 U.S.C. 1681 note) is amended—
(1) by striking out ‘‘agreement identified in sec-
tion 3 of this Act’’ and inserting in lieu thereof
‘‘Agreement of the Special Representatives on Fu-
ture United States Financial Assistance for the Gov-
ernment of the Northern Mariana Islands, executed
July 10, 1985, between the special representative of
the President of the United States and the special
representatives of the Governor of the Northern
Mariana Islands’’; and
(2) by striking out ‘‘Committee on Interior and
Insular Affairs’’ and inserting in lieu thereof ‘‘Com-
mittee on Resources’’.
549
PART 2—TERRITORIAL ADMINISTRATIVE
CESSATION ACT
SEC. 9421. SHORT TITLE.
This part may be cited as the ‘‘Territorial Adminis-
trative Cessation Act’’.
SEC. 9422. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) each of the four political subdivisions of the
United Nations Trust Territory of the Pacific Is-
lands, known as the Japanese Mandated Islands,
have successfully entered into distinct self-governing
entities, thereby culminating in the final termination
of the Trusteeship and the end of the trusteeship re-
sponsibilities of the United States as administering
authority of the Trust Territory on October 1, 1994;
(2) the United States territories have developed
progressively increased local self-government over
the past five decades;
(3) the territories predominantly deal directly
with Federal agencies and departments, as a State
would;
(4) the administering responsibilities of the De-
partment of the Interior with respect to the insular
areas has declined substantially during the past five
decades; and
550
(5) Federal-territorial relations can be enhanced
and Federal fiscal conditions improved by the elimi-
nation of unnecessary Federal bureaucracy.
SEC. 9423. ELIMINATION OF OFFICE OF TERRITORIAL AND
INTERNATIONAL AFFAIRS.
(a) IN GENERAL.—The Office of Territorial and
International Affairs of the Department of the Interior,
established pursuant to the Order of the Secretary of the
Interior 3046, of February 14, 1980, as amended, is here-
by abolished.
(b) TERMINATION OF POSITION OF ASSISTANT SEC-
RETARY.—Section 5315 of title 5, United States Code, is
amended by striking ‘‘Assistant Secretaries of the Interior
(6)’’ and inserting ‘‘Assistant Secretaries of the Interior
(5)’’.
(c) EFFECTIVE
DATE.—Subsection (a) and the
amendment made by subsection (b) shall take effect on
the first day of the first fiscal year that begins after the
date of the enactment of this Act.
SEC. 9424. CERTAIN ACTIVITIES NOT FUNDED.
Amounts may not be made available for the following
program activities for assistance to territories for fiscal
years beginning after September 30, 1995, as identified
under the appropriations account numbered 14–0412–0–
1–808:
551
(1) technical assistance, item 00.12;
(2) maintenance assistance, item 00.14;
(3) disaster fund, item 00.17; and
(4) insular management controls, item 00.19.
Subtitle E—Minerals
PART 1—HARDROCK MINING
SEC. 9501. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds and declares that—
(1) a secure and reliable supply of locatable
minerals is essential to the industrial base of the
United States, national security, and balance of
trade;
(2) many of the deposits of locatable minerals
that may be commercially developed are on Federal
lands as that term is defined in this Act, and are
difficult and expensive to discover, mine, extract and
process;
(3) the national need for locatable minerals will
continue to expand, and without a strong mining in-
dustry the demand for the minerals will exceed do-
mestic sources of supply;
(4) mining of locatable minerals is an extremely
high-risk, capital-intensive endeavor, which, to at-
tract necessary investment, requires certainty and
predictability in access to Federal lands in establish-
552
ment of mining titles, and in the rights of owners of
mining claims or sites to develop minerals;
(5) the national interest is to foster and encour-
age private enterprise in the development of a do-
mestic minerals industry to maintain and create
high-paying jobs and the various Federal, State, and
local taxes paid by the mining industry in the
United States;
(6) changes in the general mining laws of the
United States to provide more direct economic re-
turn to the United States and greater protection of
public resources are desirable, so long as these
changes do not act as a disincentive to development
of minerals, adversely affect employment in the min-
ing industry or in industries that provide goods and
services required for mining activities, interfere with
a secure and reliable domestic supply of minerals, or
adversely affect the balance of trade of the United
States; and
(7) mining claims, mill sites and tunnel sites lo-
cated under the general mining laws are property in-
terests, and any law or regulation that substantially
impairs existing property rights may expose the Fed-
eral Government to takings claims under the fifth
amendment to the United States Constitution.
553
(b) PURPOSE.—It is the purpose of this subtitle to—
(1) affirm and maintain the policy established
in section 2 of the Mining and Minerals Policy Act
of 1970;
(2) promote exploration for and the develop-
ment of a secure and reliable domestic source of
locatable minerals;
(3) provide for increased Federal revenue from
the location and production of locatable minerals
from Federal lands through patent payments and
royalties; and
(4) recognize that unpatented mining claims,
mill sites and tunnel sites are property rights in the
fullest sense and avoid, to the greatest extent pos-
sible, claims of takings of existing property rights
under the general mining laws that could require
compensation under the fifth amendment to the
United States Constitution.
SEC. 9502. PATENTS UNDER THE GENERAL MINING LAW.
(a) IN GENERAL.—Any patent issued by the United
States under the general mining laws after the date of
the enactment of this Act for any interest in land covered
by a mining claim or site under such laws shall be issued
only—
554
(1) upon payment by the owner of the mining
claim or site of the fair market value for the interest
in the land owned by the United States exclusive of,
and without regard to, the mineral deposits in the
land or the use of such land for mineral activities
unless the requirements of subsection (b) are met,
and
(2) subject to a reservation by the United
States of the royalty provided in section 9503(a),
unless the requirements in subsection (b) are met.
(b) PATENT TRANSITION.—(1) Subsection (a) shall
not apply to any mining claim or site if—
(A) the claimant establishes that the claim or
site constituted a valid mining claim as of the date
of the enactment of this Act; and
(B) the claimant has filed a patent application
or mineral survey application prior to the date of the
enactment of this Act, or files such an application
with the Bureau of Land Management before the
date 2 years after the date of the enactment of this
Act. A patent application or mineral survey applica-
tion referred to in this subparagraph shall be
deemed timely, notwithstanding that the application
may be corrected or supplemented and resubmitted
thereafter.
555
(2) During the 2-year period in paragraph (1)(B), or
while there is pending a mineral survey or patent applica-
tion to which this subsection applies, an owner of the min-
ing claim or site may continue work on a mining claim
or site directed toward establishment and confirmation of
entitlement to a patent, and may amend the application
as necessary.
(3) Where access to any mining claim or site has been
denied or impeded by the action or inaction of any Federal
official, agency, or court during all or part of the 5-year
period preceding the date of enactment of this Act, includ-
ing any mining claim or site within the area described in
section 106 of Public Law 103–433, and the mining claim
or site may require further exploration or development in
order for the claimant to file a patent application or a
mineral survey application and otherwise meet the require-
ments of paragraph (1), the claimant may, within 1 year
after the date of enactment of this Act, submit a certified
written statement to the Secretary describing the access
denial or impediment, and shall then have a period of 10
years from the date of enactment of this Act or the termi-
nation of such access denial or impediment, whichever oc-
curs first, to conduct such mineral exploration or develop-
ment activities, file a patent application or mineral survey
556
application, and otherwise meet the requirements of para-
graph (1).
(c) PAYMENT PLAN.—(1) Any owner grossing less
than $500,000 annually shall qualify for a payment plan.
Upon completion of the patent process, the owner of the
mining claim may purchase the surface estate under the
following conditions:
(A) Payment to be amortized over 5 years with
5 equal annual payments, including principal and in-
terest.
(B) Interest shall be calculated per annum at a
rate of 2 percent over the ‘‘Treasury Current Value
of Funds Rate’’ on the date of execution of the pay-
ment plan agreement.
(2) The purchaser shall be notified by certified mail
after 60 days of delinquent payments and have 90 days
from receipt of notification to correct the delinquency. Re-
possession shall be by and under the laws of repossession,
foreclosure, and replevin of the State wherein the land is
situated.
(d) REPEAL OF PATENTING MORATORIUM; PROCESS-
ING OF PATENT APPLICATIONS.—Sections ll and ll
of Public Law ll are hereby repealed. The Secretary
of the Interior shall diligently process all patent applica-
tions under the general mining laws pending on the date
557
of enactment and shall make determinations for all such
applications regarding patent issuance within 2 years.
SEC. 9503. ROYALTY UNDER THE GENERAL MINING LAW.
(a) IN GENERAL.—The production and sale of
locatable minerals (including associated minerals) from
any unpatented mining claim (other than those from Fed-
eral lands to which subsection 9502(b) applies) or any
mining claim patented under section 9502(a) shall be sub-
ject to a royalty of 3.5 percent on the net proceeds from
such production mined and sold from such claim.
(b) ROYALTY EXCLUSION.—(1) The royalty payable
under this section shall be waived for any person or cor-
poration with annual net proceeds from mineral produc-
tion subject to subsection (a) of less than $50,000.
(2) Where mining operations subject to this section
are conducted in 2 or more places by 1 person or corpora-
tion, the operations shall be considered a single operation
the aggregate net proceeds from which shall be subject
to the $50,000 limitation set forth in this subsection.
(3) No royalty shall be payable under this section
with respect to minerals processed at a facility by the same
person or entity which extracted the minerals if an urban
development action grant has been made under section
119 of the Housing and Community Development Act of
1974 with respect to any portion of such facility.
558
(4) The obligation to pay royalties under this section
shall accrue only upon the sale of locatable minerals or
mineral products produced from a mining claim subject
to such royalty, and not upon the stockpiling of the same
for future processing.
(c) DEFINITIONS.—For the purposes of this subtitle:
(1) The term ‘‘net proceeds’’ means gross yield,
less the sum of the following deductions for costs in-
curred prior to sale or value determination, and none
other:
(A) The actual cost of extracting the
locatable mineral.
(B) The actual cost of transporting the
locatable mineral from the claim to the place or
places of reduction, beneficiation, refining, and
sale.
(C) The actual cost of crushing, process-
ing, reduction, beneficiation, refining, and sale
of the locatable mineral.
(D) The actual cost of marketing and de-
livering the locatable mineral and the conver-
sion of the locatable mineral into money.
(E) The actual cost of maintenance and re-
pairs of—
559
(i) all machinery, equipment, appara-
tus, and facilities used in the mine;
(ii) all crushing, milling, leaching, re-
fining, smelting, and reduction works,
plants, and facilities; and
(iii) all facilities and equipment for
transportation.
(F) The actual cost for support personnel
and support services at the mine site, including
without limitation, accounting, assaying, draft-
ing and mapping, computer services, surveying,
housing, camp, and office expenses, safety, and
security.
(G) The actual cost of engineering, sam-
pling, and assaying pertaining to development
and production.
(H) The actual cost of permitting, rec-
lamation, environmental compliance and mon-
itoring.
(I) The actual cost of fire and other insur-
ance on the machinery, equipment, apparatus,
works, plants, and facilities mentioned in sub-
paragraph (E).
(J) Depreciation of the original capitalized
cost of the machinery, equipment, apparatus,
560
works, plants, and facilities listed in subpara-
graph (E). The annual depreciation charge shall
consist of amortization of the original cost in
the manner consistent with the Internal Reve-
nue Code of 1986, as amended from time to
time. The probable life of the property rep-
resented by the original cost must be considered
in computing the depreciation charge.
(K) All money expended for premiums for
industrial insurance, and the owner paid cost of
hospital and medical attention and accident
benefits and group insurance for all employees
engaged in the production or processing of
locatable minerals.
(L) All money paid as contributions or
payments under State unemployment com-
pensation law, all money paid as contributions
under the Federal Social Security Act, and all
money paid to State government in real prop-
erty taxes and severance or other taxes meas-
ured or levied on production, or Federal excise
tax payments and payments as fees or charges
for use of the Federal lands from which the
locatable minerals are produced.
561
(M) The actual cost of the developmental
work in or about the mine or upon a group of
mines when operated as a unit.
(2) The term ‘‘gross yield’’ shall having the fol-
lowing meaning:
(A) In the case of sales of gold and silver
ore, concentrates or bullion, or the sales of
other locatable minerals in the form of ore or
concentrates, the term ‘‘gross yield’’ means the
actual proceeds of sale of such ore, concentrates
or bullion.
(B) In the case of sales of beneficiated
products from locatable minerals other than
those subject to subparagraph (A) (including
cathode, anode or copper rod or wire, or other
products fabricated from the locatable min-
erals), the term ‘‘gross yield’’ means the gross
income from mining derived from the first com-
mercially marketable product determined in the
same manner as under section 613 of the Inter-
nal Revenue Code of 1986.
(C) If ore, concentrates, beneficiated or
fabricated products, or locatable minerals are
used or consumed and are not sold in an arms
length transaction, the term ‘‘gross yield’’
562
means the reasonable fair market value of the
ore, concentrates, beneficiated or fabricated
products at the mine or wellhead determined
from the first applicable of the following:
(i) Published or other competitive sell-
ing prices of locatable minerals of like kind
and grade.
(ii) Any proceeds of sale.
(iii) Value received in exchange for
any thing or service.
(iv) The value of any locatable min-
erals in kind or used or consumed in a
manufacturing process or in providing a
service.
Without limiting the foregoing, the profits or
losses incurred in connection with forward
sales, futures or commodity options trading,
metal loans, or any other price hedging or spec-
ulative activity or arrangement shall not be in-
cluded in gross yield.
(3) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(d) LIMITATIONS AND ALLOCATIONS OF NET PRO-
CEEDS, GROSS YIELD, AND ALLOWABLE COSTS.—(1) The
deductions listed in subsection (c)(1) are intended to allow
563
a reasonable allowance for overhead. Such deductions shall
not include any expenditures for salaries, or any portion
of salaries, of any person not actually engaged in—
(A) the working of the mine;
(B) the operating of the leach pads, ponds,
plants, mills, smelters, or reduction works;
(C) the operating of the facilities or equipment
for transportation; or
(D) superintending the management of any of
those operations described in subparagraphs (A)
through (C).
(2) Ores or solutions of locatable minerals subject to
the royalty requirements of this section may be extracted
from mines comprised of mining claims and lands other
than mining claims and ore or solutions of locatable min-
erals subject to the royalty requirements of this section
may be commingled with ores or solutions from lands
other than mining claims. In any such case, for purposes
of determining the amount of royalties payable under this
section—
(A) the operator shall first sample, weigh or
measure, and assay the same in accordance with ac-
cepted industry standards; and
(B) gross yield, allowable costs and net pro-
ceeds for royalty purposes shall be allocated in pro-
564
portion to mineral products recovered from the min-
ing claims in accordance with accepted industry
standards.
(e) LIABILITY
FOR
ROYALTY
PAYMENTS.—The
owner or co-owners of a mining claim subject to a royalty
under this section shall be liable for such royalty to the
extent of the interest in such claim owned. As used in this
subsection, the terms ‘‘owner’’ and ‘‘co-owner’’ mean the
person or persons owning the right to mine locatable min-
erals from such claim and receiving the net proceeds of
such sale. No person who makes any royalty payment at-
tributable to the interest of the owner or co-owners liable
therefor shall become liable to the United States for such
royalty as a result of making such payment on behalf of
such owner or co-owners.
(f) TIME AND MANNER OF PAYMENT.—(1) Royalty
payments for production from any mining claim subject
to the royalty payable under this section shall be due to
the United States at the end of the month following the
end of the calendar quarter in which the net proceeds from
the sale of such production are received by the owner or
co-owners. Royalty payments may be made based upon
good faith estimates of the gross yield, net proceeds and
the quantity of ore, concentrates, or other beneficiated or
fabricated products of locatable minerals, subject to ad-
565
justment when the actual annual gross yield, net proceeds
and quantity are determined by the owner of the mining
claim or site or co-owners.
(2) Each royalty payment or adjustment shall be ac-
companied by a statement containing each of the follow-
ing:
(A) The name and Bureau of Land Manage-
ment serial number of the mining claim or claims
from 
which 
ores, 
concentrates, 
solutions 
or
beneficiated products of locatable minerals subject to
the royalty required in this section were produced
and sold for the period covered by such payment or
adjustment.
(B) The estimated (or actual, if determined)
quantity of such ore, concentrates, solutions or
beneficiated or fabricated products produced and
sold from such mining claim or claims for such pe-
riod.
(C) The estimated (or actual, if determined)
gross yield from the production and sale of such ore,
concentrates, solutions or beneficiated products for
such period.
(D) The estimated (or actual, if determined)
net proceeds from the production and sale of such
ores, concentrates, solutions or beneficiated products