I 
110TH CONGRESS 
1ST SESSION H. R. 2262 
To modify the requirements applicable to locatable minerals on public domain 
lands, consistent with the principles of self-initiation of mining claims, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 10, 2007 
Mr. RAHALL (for himself and Mr. COSTA) introduced the following bill; which 
was referred to the Committee on Natural Resources 
A BILL 
To modify the requirements applicable to locatable minerals 
on public domain lands, consistent with the principles 
of self-initiation of mining claims, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Hardrock Mining and Reclamation Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions and references. 
Sec. 3. Application rules. 
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TITLE I—MINERAL EXPLORATION AND DEVELOPMENT 
Sec. 101. Limitation on patents. 
Sec. 102. Royalty. 
TITLE II—PROTECTION OF SPECIAL PLACES 
Sec. 201. Lands open to location. 
TITLE III—ENVIRONMENTAL CONSIDERATIONS OF MINERAL 
EXPLORATION AND DEVELOPMENT 
Sec. 301. Environmental protection standards. 
Sec. 302. Permits. 
Sec. 303. Operations permit. 
Sec. 304. Persons ineligible for permits. 
Sec. 305. Financial assurance. 
Sec. 306. Operation and reclamation. 
Sec. 307. State law and regulation. 
TITLE IV—MINING MITIGATION 
Subtitle A—Abandoned Locatable Minerals Mine Reclamation Fund 
Sec. 401. Abandoned locatable minerals mine reclamation. 
Sec. 402. Use and objectives of the Fund. 
Sec. 403. Eligible lands and waters. 
Sec. 404. Fund expenditures. 
Sec. 405. Authorization of appropriations. 
Subtitle B—Locatable Minerals Community Impact Assistance 
Sec. 421. Locatable minerals community impact assistance. 
Sec. 422. Use and objectives of the Fund. 
Sec. 423. Allocation of funds. 
TITLE V—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS 
Subtitle A—Administrative Provisions 
Sec. 501. Policy functions. 
Sec. 502. User fees. 
Sec. 503. Inspection and monitoring. 
Sec. 504. Citizens suits. 
Sec. 505. Administrative and judicial review. 
Sec. 506. Enforcement. 
Sec. 507. Regulations; effective dates. 
Subtitle B—Miscellaneous Provisions 
Sec. 511. Oil shale claims subject to special rules. 
Sec. 512. Purchasing power adjustment. 
Sec. 513. Savings clause. 
Sec. 514. Availability of public records. 
Sec. 515. Miscellaneous powers. 
Sec. 516. Multiple mineral development and surface resources. 
Sec. 517. Mineral materials. 
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SEC. 2. DEFINITIONS AND REFERENCES. 
(a) IN GENERAL.—As used in this Act: 
(1) The term ‘‘affiliate’’ means with respect to 
any person, any of the following: 
(A) Any person who controls, is controlled 
by, or is under common control with such per-
son. 
(B) Any partner of such person. 
(C) Any person owning at least 10 percent 
of the voting shares of such person. 
(2) The term ‘‘applicant’’ means any person ap-
plying for a permit under this Act or a modification 
to or a renewal of a permit under this Act. 
(3) The term ‘‘beneficiation’’ means the crush-
ing and grinding of locatable mineral ore and such 
processes as are employed to free the mineral from 
other constituents, including but not necessarily lim-
ited to, physical and chemical separation techniques. 
(4) The term ‘‘claim holder’’ means a person 
holding a mining claim, millsite claim, or tunnel site 
claim located under the general mining laws and 
maintained in compliance with such laws and this 
Act. Such term may include an agent of a claim 
holder. 
(5) The term ‘‘control’’ means having the abil-
ity, directly or indirectly, to determine (without re-
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gard to whether exercised through one or more cor-
porate structures) the manner in which an entity 
conducts mineral activities, through any means, in-
cluding without limitation, ownership interest, au-
thority to commit the entity’s real or financial as-
sets, position as a director, officer, or partner of the 
entity, or contractual arrangement. 
(6) The term ‘‘environmental protection re-
quirements’’ means the requirements and standards 
of title III, and such other standards as are estab-
lished by the Secretary governing mineral activities 
pursuant to this Act. 
(7) The term ‘‘exploration’’ means those tech-
niques employed to locate the presence of a locatable 
mineral deposit and to establish its nature, position, 
size, shape, grade, and value not associated with 
mining, beneficiation, processing, or marketing of 
minerals. 
(8) The term ‘‘Indian lands’’ means lands held 
in trust for the benefit of an Indian tribe or indi-
vidual or held by an Indian tribe or individual sub-
ject to a restriction by the United States against 
alienation. 
(9) The term ‘‘Indian tribe’’ means any Indian 
tribe, band, nation, pueblo, or other organized group 
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or community, including any Alaska Native village 
or regional corporation as defined in or established 
pursuant to the Alaska Native Claims Settlement 
Act (43 U.S.C. 1601 and following), that is recog-
nized as eligible for the special programs and serv-
ices provided by the United States to Indians be-
cause of their status as Indians. 
(10)(A) The term ‘‘locatable mineral’’ means 
any mineral, the legal and beneficial title to which 
remains in the United States and that is not subject 
to disposition under any of the following: 
(i) The Mineral Leasing Act (30 U.S.C. 
181 and following). 
(ii) The Geothermal Steam Act of 1970 
(30 U.S.C. 1001 and following). 
(iii) The Act of July 31, 1947, commonly 
known as the Materials Act of 1947 (30 U.S.C. 
601 and following). 
(iv) The Mineral Leasing for Acquired 
Lands Act (30 U.S.C. 351 and following). 
(B) The term ‘‘locatable mineral’’ does not in-
clude any mineral held in trust by the United States 
for any Indian or Indian tribe, as defined in section 
2 of the Indian Mineral Development Act of 1982 
(25 U.S.C. 2101), or any mineral owned by any In-
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dian or Indian tribe, as defined in that section, that 
is subject to a restriction against alienation imposed 
by the United States. 
(11) The term ‘‘millsite claim’’ means a claim 
to public land that— 
(A) does not exceed 5 acres for each 20 
acres of mining claim for a vein or lode or plac-
er claim deposit with which it is associated; 
(B) is nonmineral and noncontiguous to 
such vein or lode or placer claim deposit; and 
(C) is needed by a mining claim holder for 
mining, milling, processing, beneficiation, or 
other similar operations in connection with the 
mining claim. 
(12) The term ‘‘mineral activities’’ means any 
activity on a mining claim, millsite claim, or tunnel 
site claim for, related to, or incidental to, mineral 
exploration, mining, beneficiation, processing, or rec-
lamation activities for any locatable mineral. 
(13) The term ‘‘National Conservation System 
unit’’ means any unit of the National Park System, 
National Wildlife Refuge System, National Wild and 
Scenic Rivers System, or National Trails System, or 
a National Conservation Area, a National Recreation 
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Area, a National Monument, or any unit of the Na-
tional Wilderness Preservation System. 
(14) The term ‘‘operator’’ means any person, 
conducting mineral activities subject to this Act or 
any agent of such a person. 
(15) The term ‘‘person’’ means an individual, 
Indian tribe, partnership, association, society, joint 
venture, joint stock company, firm, company, cor-
poration, cooperative, or other organization and any 
instrumentality of State or local government includ-
ing any publicly owned utility or publicly owned cor-
poration of State or local government. 
(16) The term ‘‘processing’’ means processes 
downstream of beneficiation employed to prepare 
locatable mineral ore into the final marketable prod-
uct, including but not limited to smelting and elec-
trolytic refining. 
(17) The term ‘‘Secretary’’ means the Secretary 
of the Interior, unless otherwise specified. 
(18) The term ‘‘temporary cessation’’ means a 
halt in mine-related production activities for a con-
tinuous period of no longer than 5 years. 
(b) TITLE II.— 
(1) VALID EXISTING RIGHTS.—As used in title 
II, the term ‘‘valid existing rights’’ means a mining 
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claim or millsite claim located on lands described in 
section 201(b), that— 
(A) was properly located and maintained 
under this Act prior to and on the applicable 
date; or 
(B)(i) was properly located and maintained 
under the general mining laws prior to the ap-
plicable date; 
(ii) was supported by a discovery of a valu-
able mineral deposit within the meaning of the 
general mining laws on the applicable date, or 
satisfied the limitations under existing law for 
millsite claims; and 
(iii) continues to be valid under this Act. 
(2) APPLICABLE DATE.—As used in paragraph 
(1), the term ‘‘applicable date’’ means one of the fol-
lowing: 
(A) For lands described in paragraph (1) 
of section 201(b), the date of the recommenda-
tion referred to in paragraph (1) of that section 
if such recommendation is made on or after the 
date of the enactment of this Act. 
(B) For lands described in paragraph (1) 
of section 201(b), if the recommendation re-
ferred to in paragraph (1) of that section is 
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made before the date of the enactment of this 
Act, the earlier of— 
(i) the date of the enactment of this 
Act; or 
(ii) the date of any withdrawal of such 
lands from mineral activities. 
(C) For lands described in paragraph 
(3)(B) of section 201(b), the date of the enact-
ment of this Act. 
(D) For lands described in paragraph 
(3)(A) or (3)(C) of section 201(b), the date of 
the enactment of the amendment to the Wild 
and Scenic Rivers Act (16 U.S.C. 1271 and fol-
lowing) listing the river segment for study. 
(E) For lands described in paragraph 
(3)(B) of section 201(b), the date of the deter-
mination of eligibility of such lands for inclu-
sion in the Wild and Scenic River System. 
(F) For lands described in paragraph (4) 
of section 201(b), the date of the withdrawal 
under other law. 
(c) REFERENCES TO OTHER LAWS.—(1) Any ref-
erence in this Act to the term general mining laws is a 
reference to those Acts that generally comprise chapters 
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2, 12A, and 16, and sections 161 and 162, of title 30, 
United States Code. 
(2) Any reference in this Act to the Act of July 23, 
1955, is a reference to the Act entitled ‘‘An Act to amend 
the Act of July 31, 1947 (61 Stat. 681) and the mining 
laws to provide for multiple use of the surface of the same 
tracts of the public lands, and for other purposes’’ (30 
U.S.C. 601 and following). 
SEC. 3. APPLICATION RULES. 
(a) IN GENERAL.—This Act applies to any mining 
claim, millsite claim, or tunnel site claim located under 
the general mining laws, prior to, on, or after the date 
of enactment of this Act, except as provided in subsection 
(b). 
(b) PREEXISTING CLAIMS.—(1) Any unpatented min-
ing claim or millsite located under the general mining laws 
before the date of enactment of this Act for which a plan 
of operation has not been approved or a notice filed prior 
to the date of enactment shall, upon the effective date of 
this Act, be subject to the requirements of this Act, except 
as provided in paragraphs (2) and (3). 
(2)(A) If a plan of operations had been approved for 
mineral activities on any claim or site referred to in para-
graph (1) prior to the date of enactment of this Act, for 
a period of 5 years after the effective date of this Act min-
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eral activities at such claim or site shall be subject to such 
plan of operations (or a modification or amendment there-
to prepared in accordance with the provisions of law appli-
cable prior to the enactment of this Act). During such 5- 
year period, modifications of, or amendments to, any such 
plan may be made in accordance with the provisions of 
law applicable prior to the enactment of this Act if such 
modifications or amendments are deemed minor by the 
Secretary concerned. After such 5-year period the require-
ments of title III shall apply, subject to the limitations 
of section 308. In order to meet the requirements of title 
III, the person conducting mineral activities under such 
plan of operations (or modified or amended plan) shall 
apply for a modification under section 303(f) no later than 
3 years after the date of enactment of this Act. For pur-
poses of this paragraph, any modification or amendment 
that extends the area covered by the plan (except for inci-
dental boundary revisions) or that increases the risk of 
undue degradation of the environment shall not be subject 
to this paragraph and shall be subject to other provisions 
of this Act. 
(B) During the 5-year period referred to in subpara-
graph (A), the provisions of section 305 (relating to finan-
cial assurance), section 503 (relating to inspection and 
monitoring), and section 506 (relating to enforcement) 
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shall apply on the basis of the surface management re-
quirements applicable to such plans of operations prior to 
the effective date of this Act. 
(C) Where an application for modification or amend-
ment of a plan of operations referred to in subparagraph 
(A) has been timely submitted and an approved plan ex-
pires prior to Secretarial action on the application, mineral 
activities and reclamation may continue in accordance 
with the terms of the expired plan until the Secretary 
makes an administrative decision on the application. 
(c) APPLICATION OF ACT TO BENEFICIATION AND 
PROCESSING OF NON-FEDERAL MINERALS ON FEDERAL 
LANDS.—The provisions of this Act (including the envi-
ronmental protection requirements of title III) shall apply 
in the same manner and to the same extent to mining 
claims, millsite claims, and tunnel site claims used for 
beneficiation or processing activities for any mineral with-
out regard to whether or not the legal and beneficial title 
to the mineral is held by the United States. This sub-
section applies only to minerals that are locatable minerals 
or minerals that would be locatable minerals if the legal 
and beneficial title to such minerals were held by the 
United States. 
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