H. R. 239
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To amend the Stock Raising Homestead Act to resolve certain problems regarding
subsurface estates, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. MINING CLAIMS ON STOCK RAISING HOMESTEAD 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 homesteads, 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 subsection (a) and
any other provision of law to the contrary, after the effective
date of this subsection no person other than the surface owner
may enter lands subject 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 requirements
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 mechanized
earthmoving equipment, explosives, the construction 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 notice is provided
under paragraph (3) with respect to lands subject to such
notice and shall end with the expiration of the 90-day period
referred to in paragraph (2)(A) or any extension provided under
paragraph (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
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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 Secretary. 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 mining claim
on any portion of such lands; or
‘‘(C) file an application to acquire any interest in any
portion of such lands pursuant to section 209 of the Federal
Land Policy and Management 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 Sec-
retary 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 para-
graph (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 following:
‘‘(A) A brief description of the proposed mineral activi-
ties.
‘‘(B) A map and legal description of the lands to be
subject to mineral exploration.
‘‘(C) The name, address and phone number of the per-
son 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 exceed 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 Secretary shall
authorize a person to conduct mineral activities (other than those
relating to exploration referred to in subsection (b)(1)(B)) on lands
subject to this Act without the consent of the surface owner thereof
H. R. 239—3
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 guarantee in an amount to insure
the completion of reclamation pursuant to this Act. Such bond
or other financial guarantee shall ensure—
‘‘(A) payment to the surface owner, after the completion
of such mineral activities and reclamation, 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 compensation 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
activities.
‘‘(2) In determining the bond amount to cover permanent 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 author-
ize 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 include 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 during mineral
activities equivalent to the loss of income to the ranch operation
as established pursuant 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 require-
ments of this Act, including each of the following:
‘‘(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 required to bring
it into compliance with the requirements of this Act. If the person
submitting the plan agrees to modify such plan in a manner accept-
able to the Secretary, the Secretary shall approve the plan as
modified. In the event no agreement can be reached on the modifica-
tions to the plan which, in the opinion of the Secretary, will bring
such plan into compliance with the requirements of this Act, then
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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 Secretary’s own motion
or on a motion made by the surface owner, that the person conduct-
ing 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 subsections (e) and (g).
‘‘(g) FEE.—The fee referred to in subsection (f)(1) shall be—
‘‘(1) paid to the surface owner by the person submitting
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 account the
acreage involved and the degree of potential disruption to exist-
ing surface uses during mineral activities (including the loss
of income to the surface owner and such surface owner’s oper-
ations due to the loss or impairment of existing surface uses
for the duration 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 activities 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 pro-
ceed as contemporaneously as practicable with the conduct of min-
eral activities.
‘‘(i) STATE LAW.—(1) Nothing in this Act 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 this title.
‘‘(2) Nothing in this Act 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 request an inspection of such lands.
The Secretary shall determine 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 para-
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graph, the Secretary shall notify the surface owner and such surface
owner shall be allowed to accompany the inspector on the inspection.
‘‘(k) DAMAGES
FOR FAILURE TO COMPLY.—(1) Whenever the
surface owner of any land subject to this Act has suffered any
permanent damages to crops or tangible improvements of the sur-
face owner, or any permanent loss of income due to loss or impair-
ment 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 Secretary any substantial
noncompliance with the terms and conditions of a plan under
subsection (f);
the surface owner may bring an action 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 misconduct or gross neg-
ligence against any person undertaking any mineral activities on
lands subject to this Act in violation of any requirement of sub-
section (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 sub-
section (e).
‘‘(l) PAYMENT OF FINANCIAL GUARANTEE.—The surface 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 permanent 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 pursuant to a plan
of operations approved under subsection (f).
‘‘(n) CONVEYANCE TO SURFACE OWNER.—The Secretary shall
take such actions as may be necessary to simplify the procedures
which must be complied with by surface owners of lands subject
to this Act who apply to the Secretary 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 activity for,
related to or incidental to mineral exploration, 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
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deposit and to establish its nature, position, size, shape,
grade and value;
‘‘(B) the term ‘mining’ means the processes employed
for the extraction of a locatable mineral 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 mineral from the other constituents,
including but not necessarily limited to, physical and
chemical separation techniques.
‘‘(2) The term ‘mining claim’ means a claim located 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 improvements, including improve-
ments made by residential subdividers.
‘‘(p) MINERALS COVERED.—Subsections (b) through (o) of this
section apply only to minerals not subject to disposition 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 following).’’.
(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 PROVISIONS.—’’ 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. Failure to promulgate
these regulations by reason of any appeal or judicial review shall
not delay the effective date as specified in paragraph (c).
SEC. 2. REPORT TO CONGRESS ON FOREIGN MINERAL INTEREST.
(a) REPORT.—The Secretary of the Interior is directed to submit
a report to the Congress within 2 years after the date of enactment
of this Act on the acquisition of mineral interests made after the
date of enactment of this Act by foreign firms on lands subject
to the Act of December 29, 1916, entitled ‘‘An Act to provide for
stock-raising homesteads, and for other purposes’’ (43 U.S.C. 299).
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(b) DEFINITION.—For purposes of this section, the term ‘‘foreign
firm’’ means a business entity that conducts business operations
in the United States and is 51 percent or more owned and controlled
by a foreign person or entity.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.