Hardrock Mining and Reclamation Act of 2009

Bill: 111-s-796
Sponsor: Sen. Bingaman, Jeff [D-NM]
Introduced: 2009-04-02 in the Senate
Policy area: Public Lands and Natural Resources
Subjects: Administrative remedies
Alaska
Arizona
California
Civil actions and liability
Colorado
Congressional oversight
Energy revenues and royalties
Environmental health
Federal preemption
Forests, forestry, trees
Fraud offenses and financial crimes
Government information and archives
Government studies and investigations
Government trust funds
Idaho
Judicial review and appeals
Land use and conservation
Licensing and registrations
Mining
Montana
Nevada
New Mexico
North Dakota
Nuclear power
Oregon
South Dakota
Utah
Washington State
Water quality
Wilderness and natural areas, wildlife refuges, wild rivers, habitats
Wyoming

Summary:
action_date: 2009-04-02
text: 
Hardrock Mining and Reclamation Act of 2009 - Prohibits the issuance of a federal patent for any mining claim, millsite, or tunnel site (claim or site) unless the Secretary of the Interior determines that: (1) a patent application was filed by September 30, 1994; and (2) all application requirements were fully complied with by such date.
 
Prescribes a mandatory claim maintenance fee and location fee for each claim or site. 
 
States that failure to perform assessment work, pay a mandatory maintenance or location fee, or file timely notice of location shall: (1) conclusively constitute forfeiture; and (2) make the claim or site null and void.
 

 
Subjects production of locatable minerals from any mining claim to a royalty of between 2 % and 5% of the value of the production, not including reasonable transportation, beneficiation, and processing costs. 
 
Authorizes the Secretary to grant royalty relief.
 
Directs the Secretary to establish a comprehensive inspection, collection, fiscal, and production accounting and auditing system to: (1) determine accurately any royalties, interest, fines, penalties, fees, deposits, and other payments owed; and (2) collect and account for such payments in a timely manner.
 
Requires a permit to engage in the following activities on federal land: (1) mineral activities that would disturb surface resources, including land, air, water, and fish and wildlife; and (2) exploration and mineral activities that involve more than casual use of the land.
 
Prescribes requirements for mining permits.
 
Requires an operator to give the Secretary specified financial assurances before beginning any mineral activities requiring an exploration or mining permit in order to ensure reclamation and restoration of any land or water adversely affected by the activities.
 
Establishes the Hardrock Minerals Reclamation Fund for the reclamation and restoration of land and water resources adversely affected by past hardrock minerals and mining and related activities in abandoned hardrock mine states, and on Indian land located within the exterior boundaries of abandoned hardrock mine states.
 
 Subjects each operator of a hardrock minerals mining operation to an abandoned mine land reclamation fee.
 



Legislative actions:
action_date: 2009-07-14
text: Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 111-116.
action_date: 2009-04-02
text: Read twice and referred to the Committee on Energy and Natural Resources.
action_date: 2009-04-02
text: Sponsor introductory remarks on measure. (CR S4331-4333)
action_date: 2009-04-02
text: Introduced in Senate