Union Calendar No. 20
103D CONGRESS
1ST SESSION
H. R. 239
[Report No. 103–44]
A BILL
To amend the Stock Raising Homestead Act to re-
solve certain problems regarding subsurface es-
tates, and for other purposes.
MARCH 29, 1993
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 20
103D CONGRESS
1ST SESSION
H. R. 239
[Report No. 103–44]
To amend the Stock Raising Homestead Act to resolve certain problems
regarding subsurface estates, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. LEHMAN introduced the following bill; which was referred to the
Committee on Natural Resources
MARCH 29, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 5, 1993]
A BILL
To amend the Stock Raising Homestead Act to resolve cer-
tain problems regarding subsurface estates, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. MINING CLAIMS ON STOCK RAISING HOME-
STEAD ACT LANDS.
(a) MINERAL ENTRY UNDER THE STOCK RAISING
HOMESTEAD ACT.—Section 9 of the Act of December 29,
1916, entitled ‘‘An Act to provide for stock-raising home-
steads, and for other purposes’’ (43 U.S.C. 29), is amended
by adding the following at the end thereof:
‘‘(b) EXPLORATION; LOCATION OF MINING CLAIMS;
NOTICES.—
‘‘(1) IN
GENERAL.—(A) Notwithstanding sub-
section (a) and any other provision of law to the con-
trary, after the effective date of this subsection no per-
son other than the surface owner may enter lands sub-
ject to this Act to explore for, or to locate, a mining
claim on such lands without—
‘‘(i) filing a notice of intention to locate a
mining claim pursuant to paragraph (2); and
‘‘(ii) providing notice to the surface owner
pursuant to paragraph (3).
‘‘(B) Any person who has complied with the re-
quirements referred to in subparagraph (A) may,
during the authorized exploration period, in order to
locate a mining claim, enter lands subject to this Act
to undertake mineral activities related to exploration
that cause no more than a minimal disturbance of
surface resources and do not involve the use of mecha-
nized earthmoving equipment, explosives, the con-
struction of roads, drill pads, or the use of toxic or
hazardous materials.
‘‘(C) The authorized exploration period referred
to in subparagraph (B) shall begin 30 days after no-
tice is provided under paragraph (3) with respect to
lands subject to such notice and shall end with the ex-
piration of the 90-day period referred to in para-
graph (2)(A) or any extension provided under para-
graph (2).
‘‘(2) NOTICE OF INTENTION TO LOCATE A MINING
CLAIM.—Any person seeking to locate a mining claim
on lands subject to this Act in order to engage in the
mineral activities relating to exploration referred to
under paragraph (1)(B) shall file with the Secretary
of the Interior a notice of intention to locate a claim
on the lands concerned. The notice shall be in such
form as the Secretary shall prescribe. The notice shall
contain the name and mailing address of the person
filing the notice and a legal description of the lands
to which the notice applies. The legal description shall
be based on the public land survey or on such other
description as is sufficient to permit the Secretary to
record the notice on the land status records of the Sec-
retary. Whenever any person has filed a notice under
this paragraph with respect to any lands, during the
90-day period following the date of such filing, or any
extension thereof pursuant to this paragraph, no other
person (including the surface owner) may—
‘‘(A) file such a notice with respect to any
portions of such lands;
‘‘(B) explore for minerals or locate a min-
ing claim on any portion of such lands; or
‘‘(C) file an application to acquire any in-
terest in any portion of such lands pursuant to
section 209 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1719).
If, within such 90-day period, the person who filed a
notice under this paragraph files a plan of operations
with the Secretary pursuant to subsection (f), such
90-day period shall be extended until the approval or
disapproval of the plan by the Secretary pursuant to
subsection (f).
‘‘(3) NOTICE TO SURFACE OWNER.—Any person
who has filed a notice of intention to locate a mining
claim under paragraph (2) for any lands subject to
this Act shall provide written notice of such filing, by
registered or certified mail with return receipt, to the
surface owner (as evidenced by local tax records) of
the lands covered by the notice under paragraph (2).
The notice shall be provided at least 30 days before
entering such lands and shall contain each of the fol-
lowing:
‘‘(A) A brief description of the proposed
mineral activities.
‘‘(B) A map and legal description of the
lands to be subject to mineral exploration.
‘‘(C) The name, address and phone number
of the person managing such activities.
‘‘(D) A statement of the dates on which such
activities will take place.
‘‘(4) ACREAGE LIMITATIONS.—The total acreage
covered at any time by notices of intention to locate
a mining claim under paragraph (2) filed by any
person and by affiliates of such person may not ex-
ceed 6,400 acres of lands subject to this Act in any
one State and 1,280 acres of such lands for a single
surface owner. For purposes of this paragraph, the
term ‘affiliate’ means, with respect to any person,
any other person which controls, is controlled by, or
is under common control with, such person.
‘‘(c) CONSENT.—Notwithstanding subsection (a) and
any other provision of law, after the effective date of this
subsection no person may engage in the conduct of mineral
activities (other than those relating to exploration referred
to in subsection (b)(1)(B)) on a mining claim located on
lands subject to this Act without the written consent of the
surface owner thereof unless the Secretary has authorized
the conduct of such activities under subsection (d).
‘‘(d) AUTHORIZED MINERAL ACTIVITIES.—The Sec-
retary shall authorize a person to conduct mineral activities
(other than those relating to exploration referred to in sub-
section (b)(1)(B)) on lands subject to this Act without the
consent of the surface owner thereof if such person complies
with the requirements of subsections (e) and (f).
‘‘(e) BOND.—(1) Before the Secretary may authorize
any person to conduct mineral activities the Secretary shall
require such person to post a bond or other financial guar-
antee in an amount to insure the completion of reclamation
pursuant to this Act. Such bond or other financial guaran-
tee shall ensure—
‘‘(A) payment to the surface owner, after the
completion of such mineral activities and reclama-
tion, compensation for any permanent damages to
crops and tangible improvements of the surface owner
that resulted from mineral activities; and
‘‘(B) payment to the surface owner of compensa-
tion for any permanent loss of income of the surface
owner due to loss or impairment of grazing or other
uses of the land by the surface owner to the extent
that reclamation required by the plan of operations
would not permit such uses to continue at the level
existing prior to the commencement of mineral activi-
ties.
‘‘(2) In determining the bond amount to cover perma-
nent loss of income under paragraph (1)(B), the Secretary
shall consider, where appropriate, the potential loss of value
due to the estimated permanent reduction in utilization of
the land.
‘‘(f) PLAN OR OPERATIONS.—(1) Before the Secretary
may authorize any person to conduct mineral activities on
lands subject to this Act, the Secretary shall require such
person to submit a plan of operations. Such plan shall in-
clude procedures for—
‘‘(A) the minimization of damages to crops and
tangible improvements of the surface owner;
‘‘(B) the minimization of disruption to grazing
or other uses of the land by the surface owner; and
‘‘(C) payment of a fee for the use of surface dur-
ing mineral activities equivalent to the loss of income
to the existing surface operation as established pursu-
ant to subsection (g).
‘‘(2) The Secretary shall provide a copy of the proposed
plan of operations to the surface owner at least 45 days
prior to the date the Secretary makes a determination as
to whether such plan complies with the requirements of this
subsection. During such 45-day period the surface owner
may submit comments and recommend modifications to the
proposed plan of operations to the Secretary.
‘‘(3)(A) The Secretary shall, within 60 days of receipt
of the plan, approve the plan of operations if it complies
with the requirements of this Act, including each of the fol-
lowing:
‘‘(i) The proposed plan of operations is complete
and accurate.
‘‘(ii) The person submitting the proposed plan of
operations has demonstrated that all other applicable
Federal and State requirements have been met.
‘‘(B) The Secretary shall notify the person submitting
a plan of operations of any modifications to such plan re-
quired to bring it into compliance with the requirements
of this Act. If the person submitting the plan agrees to mod-
ify such plan in a manner acceptable to the Secretary, the
Secretary shall approve the plan as modified. In the event
no agreement can be reached on the modifications to the
plan which, in the opinion of the Secretary, will bring such
plan into compliance with the requirements of this Act, then
the Secretary shall disapprove the plan and notify both the
surface owner and the person submitting the plan of the
decision.
‘‘(C) The 60-day period referred to in subparagraph
(A) may be extended by the Secretary where additional time
is required to comply with other applicable requirements
of law.
‘‘(D) The Secretary shall suspend or revoke a plan of
operation whenever the Secretary determines, on the Sec-
retary’s own motion or on a motion made by the surface
owner, that the person conducting mineral activities is in
substantial noncompliance with the terms and conditions
of an approved plan of operations and has failed to remedy
a violation after notice from the Secretary within the time
required by the Secretary.
‘‘(4) Final approval of a plan of operations under this
subsection shall be conditioned upon compliance with sub-
sections (e) and (g).
‘‘(g) FEE.—The fee referred to in subsection (f)(1) shall
be—
‘‘(1) paid to the surface owner by the person sub-
mitting the plan of operations;
‘‘(2) paid in advance of any mineral activities
or at such other time or times as may be agreed to
by the surface owner and the person conducting such
activities; and
‘‘(3) established by the Secretary taking into ac-
count the acreage involved and the degree of potential
disruption to existing surface uses during mineral ac-
tivities (including the loss of income to the surface
owner and such surface owner’s operations due to the
loss or impairment of existing surface uses for the du-
ration of the mineral activities), except that such fee
shall not exceed the fair market value for the surface
of the land.
‘‘(h) RECLAMATION.—Lands affected by mineral ac-
tivities under a plan of operations approved pursuant to
subsection (f)(3) shall be reclaimed, to the maximum extent
practicable, to a condition capable of supporting the uses
to which such lands were capable of supporting prior to
surface disturbance. Reclamation shall proceed as contem-
poraneously as practicable with the conduct of mineral ac-
tivities.
‘‘(i) STATE LAW.—(1) Nothing in subsections (b)
through (p) of this section shall be construed as affecting
any reclamation, bonding, inspection, enforcement, air or
water quality standard or requirement of any State law
or regulation which may be applicable to mineral activities
on lands subject to this Act to the extent that such law or
regulation is not inconsistent with subsections (b) through
(p) of this section.
‘‘(2) Nothing in subsections (b) through (p) of this sec-
tion shall be construed as affecting in any way the right
of any person to enforce or protect, under applicable law,
the interest of such person in water resources affected by
mineral activities.
‘‘(j) INSPECTIONS.—Should any surface owner of land
subject to this Act have reason to believe that they are or
may be adversely affected by mineral activities due to any
violation of the terms and conditions of a plan of operations
approved under subsection (f), such surface owner may re-
quest an inspection of such lands. The Secretary shall deter-
mine within 10 days of the receipt of the request whether
the request states a reason to believe that a violation exists,
except in the event the surface owner alleges and provides
reason to believe that an imminent danger exists, the 10-
day period shall be waived and the inspection conducted
immediately. When an inspection is conducted under this
paragraph, the Secretary shall notify the surface owner and
such surface owner shall be allowed to accompany the in-
spector on the inspection.
‘‘(k) DAMAGES FOR FAILURE TO COMPLY.—(1) When-
ever the surface owner of any land subject to this Act has
suffered any permanent damages to crops or tangible im-
provements of the surface owner, or any permanent loss of
income due to loss or impairment of grazing, or other uses
of the land by the surface owner, if such damages or loss
result from—
‘‘(A) any mineral activity undertaken without
the consent of the surface owner under subsection (c)
or an authorization by the Secretary under subsection
(d); or
‘‘(B) the failure of the person conducting mineral
activities to remedy to the satisfaction of the Sec-
retary any substantial noncompliance with the terms
and conditions of a plan under subsection (f);
the surface owner may bring an action against the person
undertaking any mineral activities on lands subject to this
Act in the appropriate United States district court for, and
the court may award, double damages plus costs for willful
misconduct or gross negligence.
‘‘(2) The surface owner of any land subject to this Act
may also bring an action in the appropriate United States
district court for double damages plus costs for willful mis-
conduct or gross negligence against any person undertaking
any mineral activities on lands subject to this Act in viola-
tion of any requirement of subsection (b).
‘‘(3) Any double damages plus costs awarded by the
court under this subsection shall be reduced by the amount
of any compensation which the surface owner has received
(or is eligible to receive) pursuant to the bond or financial
guarantee required under subsection (e).
‘‘(l) PAYMENT OF FINANCIAL GUARANTEE.—The sur-
face owner of any land subject to this Act may petition the
Secretary for payment of all or any portion of a bond or
other financial guarantee required under subsection (e) as
compensation for any permanent damages to crops and
tangible improvements of the surface owner, or any perma-
nent loss of income due to loss or impairment of grazing,
or other uses of the land by the surface owner. Pursuant
to such a petition, the Secretary may use such bond or other
guarantee to provide compensation to the surface owner for
such damages and to insure the required reclamation.
‘‘(m) BOND RELEASE.—The Secretary shall release the
bond or other financial guarantee required under subsection
(e) upon the successful completion of all requirements pur-
suant to a plan of operations approved under subsection
(f).
‘‘(n) CONVEYANCE TO SURFACE OWNER.—The Sec-
retary shall take such actions as may be necessary to sim-
plify the procedures which must be complied with by surface
owners of lands subject to this Act who apply to the Sec-
retary to obtain title to interests in such lands owned by
the United States.
‘‘(o) DEFINITIONS.—For the purposes of subsections
(b) through (n)—
‘‘(1) The term ‘mineral activities’ means any ac-
tivity for, related to or incidental to mineral explo-
ration, mining, and beneficiation activities for any
locatable mineral on a mining claim. When used with
respect to this term—
‘‘(A) the term ‘exploration’ means those
techniques employed to locate the presence of a
locatable mineral deposit and to establish its na-
ture, position, size, shape, grade and value;
‘‘(B) the term ‘mining’ means the processes
employed for the extraction of a locatable min-
eral from the earth; and
‘‘(C) the term ‘beneficiation’ means the
crushing and grinding of locatable mineral ore
and such processes are employed to free the min-
eral from the other constituents, including but
not necessarily limited to, physical and chemical
separation techniques.
‘‘(2) The term ‘mining claim’ means a claim lo-
cated under the general mining laws of the United
States (which generally comprise 30 U.S.C. chapters
2, 12A, and 16, and sections 161 and 162) subject to
the terms and conditions of subsections (b) through
(p) of this section.
‘‘(3) The term ‘tangible improvements’ includes
agricultural, residential and commercial improve-
ments, including improvements made by residential
subdividers.
‘‘(p) MINERALS COVERED.—Subsections (b) through
(o) of this section apply only to minerals not subject to dis-
position under—
‘‘(1) the Mineral Leasing Act (30 U.S.C. 181
and following);
‘‘(2) the Geothermal Steam Act of 1970 (30
U.S.C. 100 and following); or
‘‘(3) the Act of July 31, 1947, commonly known
as the Materials Act of 1947 (30 U.S.C. 601 and fol-
lowing).’’.
(b) TECHNICAL CONFORMING AMENDMENT.—Section 9
of the Act of December 29, 1916, entitled ‘‘An Act to provide
for stock-raising homesteads, and for other purposes’’ (43
U.S.C. 299) is amended by inserting ‘‘(a) GENERAL PROVI-
SIONS.—’’ before the words ‘‘That all entries made’’.
(c) EFFECTIVE DATE.—The amendments made by this
Act shall take effect 180 days after the date of enactment.
(d) REGULATIONS.—The Secretary of the Interior shall
issue final regulations to implement the amendments made
by this Act not later than the effective date of this Act. Fail-
ure to promulgate these regulations by reason of any appeal