Federal Mineral Development and Land Protection Equity Act of 2005

Bill: 109-hr-3968
Sponsor: Rep. Rahall, Nick J., II [D-WV-3]
Introduced: 2005-10-06 in the House
Policy area: Public Lands and Natural Resources
Subjects: Accident insurance
Administrative fees
Administrative procedure
Administrative remedies
Advertising
Affiliated corporations
Air pollution control
Aliens
Animals
Aquifers
Archaeology
Arts, Culture, Religion
Auditing
Building materials
Business records
Carcinogens
Citizen lawsuits
Citizen participation
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Coal
Commemorations
Commerce
Cost accounting
Crime and Law Enforcement
Crime prevention
Decision making
Department of Agriculture
Department of the Interior
Drainage
Economics and Public Finance
Electronic government information
Emergency Management
Eminent domain
Endangered species
Energy
Environmental Protection
Environmental assessment
Environmental health
Environmental law enforcement
Environmental monitoring
Evidence (Law)
Federal preemption
Federal-state relations
Fees
Finance and Financial Sector
Fines (Penalties)
Fire prevention
Fishery management
Foreign Trade and International Finance
Forfeiture
Geology
Government Operations and Politics
Government liability
Government paperwork
Government publicity
Government trust funds
Groundwater
Habitat conservation
Hawaiians
Hazardous wastes
Health
Historic sites
History
Hydrology
Identification devices
Immigration
Indexing (Economic policy)
Indian lands
Infrastructure
Injunctions
Interest
Interest rates
Judicial review
Land subsidence
Land transfers
Land use
Larceny
Law
Legal fees
Liability (Law)
Liability for environmental damages
Liability insurance
Licenses
Local laws
Maps
Marine and coastal resources, fisheries
Mine wastes
Mine water
Mines and mineral resources
Mining claims
Mining royalties
Minorities
National forests
National parks
Native Americans
Natural areas
Oil shales
Outdoor recreation
Paleontology
Potable water
Prospecting
Public health
Public records
Reclamation of land
Refuse and refuse disposal
Religion
Research natural areas
Restoration ecology
Revegetation
Right of property
Road construction
Science, Technology, Communications
Sediment control
Social Welfare
Social security numbers
Soil conservation
Soil erosion
Sports and Recreation
Standards
State laws
Storms
Strip mining
Surety and fidelity
Surveying
Trade secrets
Transportation and Public Works
Tunnels
User charges
Waste water treatment
Water Resources Development
Water pollution control
Water quality
Water supply
Water treatment plants
Watersheds
Wetlands
Wild rivers
Wilderness areas
Wildlife conservation
Zoning and zoning law

Summary:
action_date: 2005-10-06
text: 
 Federal Mineral Development and Land Protection Equity Act of 2005 - Sets forth guidelines for: (1) mineral exploration and development on public domain lands; and (2) exclusive right of possession and use of the claimed land for mineral activities by holders of mining claims executed under this Act. 
 
Subjects unpatented mining claims, mill sites, and tunnel sites to an annual claim maintenance fee payable to the Secretary of the Interior in lieu of assessment work requirements contained in the general mining laws and the Federal Land Policy and Management Act of 1976.
 
Exempts from such fee any claimants holding ten or fewer mining claims who elect to perform the assessment work.
 
Requires locators of unpatented mining claims, mill sites, and tunnel sites located after enactment of this Act to pay a location fee. 
 
Establishes forfeiture penalties against holders of mining claims for noncompliance with this Act.
 
Prescribes guidelines for royalty payments applicable to production of locatable minerals, including mineral concentrates or products derived from locatable minerals. Cites federal lands which are not open to location of mining claims. 
 
Requires the Secretaries of the Interior and of Agriculture, respectively, to review the suitability of lands for mineral activities.
 
Requires: (1) a permit to engage in mineral activities on federal land that may cause a disturbance of surface resources; (2) an operations permit to carry out any activity greater than casual use; (3) financial assurance to cover lands and affected waters that may require restoration or treatment of effluent as a result of mineral activities; and (4) operation and reclamation standards. 
 
Permits state or local law or regulation more stringent than the requirements of this Act.
 
Establishes the Abandoned Locatable Minerals Mine Reclamation Fund in the Treasury.
 
Amends the Mining and Minerals Policy Act of 1970 and the National Materials and Minerals Policy, Research and Development Act of 1980, to modify the responsibilities of the Secretary of Agriculture.
 
Requires the Secretaries of the Interior and of Agriculture to: (1) establish and collect user fees; and (2) inspect and monitor mineral activities for compliance with certain environmental protection requirements.
 
Authorizes citizens' civil action suits for noncompliance with this Act.
 

 
Repeals the Building Stone Act and the Saline Placer Act.
 



Legislative actions:
action_date: 2005-10-18
text: Referred to the Subcommittee on Energy and Mineral Resources.
action_date: 2005-10-06
text: Referred to the House Committee on Resources.
action_date: 2005-10-06
text: Sponsor introductory remarks on measure. (CR E2017-2018)
action_date: 2005-10-06
text: Introduced in House
action_date: 2005-10-06
text: Introduced in House