Hardrock Mining and Reclamation Act of 2009

Bill: 111-hr-699
Sponsor: Rep. Rahall, Nick J., II [D-WV-3]
Introduced: 2009-01-27 in the House
Policy area: Public Lands and Natural Resources
Subjects: Administrative law and regulatory procedures
Administrative remedies
Business records
Civil actions and liability
Department of Agriculture
Department of the Interior
Federal-Indian relations
Government liability
Government trust funds
Indian lands and resources rights
Intergovernmental relations
Judicial review and appeals
Land use and conservation
Licensing and registrations
Mining
Pollution liability
State and local government operations
User charges and fees
Water quality
Wildlife conservation and habitat protection

Summary:
action_date: 2009-01-27
text: 
Hardrock Mining and Reclamation Act of 2009 - Applies this Act to any mining claim, millsite claim, or tunnel site claim located under the general mining laws or used for beneficiation or mineral processing activities, regardless of whether legal and beneficial title to the mineral is held by the United States.
 
Conditions federal issuance of a patent for any such mining or millsite claim upon specified determinations by the Secretary of the Interior.
 
Subjects production of locatable minerals to a royalty of 8% of the gross income from mining.
 
Imposes a 4% royalty upon federal lands subject to an existing permit, and specified royalties on certain federal land added to an existing operations permit.
 
Prescribes a hardrock mining claim maintenance fee for each unpatented mining claim, mill, or tunnel site on federally owned lands.
 
Designates certain wilderness study areas, areas of critical environmental concern, and related areas as not open to location of mining claims.
 
Permits a state or local government or Indian tribe to petition the Secretary of the Interior for withdrawal of specific federal land from operation of the general mining laws in order to protect specific values.
 
Instructs the Secretary to ensure that mineral activities on federal land subject to a claim are carefully controlled to prevent undue degradation of public lands and resources.
 
Prescribes requirements for the exploration permit process and for operations permits, including financial assurances.
 
Requires restoration of lands to a condition capable of supporting prior uses or other beneficial uses.
 
Establishes the Locatable Minerals Fund composed of: (1) penalties, fees, and royalties; (2) the Hardrock Reclamation Account, and (3) the Hardrock Community Impact Assistance Account.
 
Amends the National Materials and Minerals Policy, Research and Development Act of 1980 to direct the Secretary of Agriculture to initiate prompt actions to improve the availability and analysis of mineral data in public land use decision-making with respect to National Forest System lands.
 
Amends the Energy Policy Act of 1992 to subject certain oil shale claims to the reclamation requirements of this Act.
 
Repeals the Building Stone Act and the Saline Placer Act.


Legislative actions:
action_date: 2009-02-26
text: Subcommittee Hearings Held.
action_date: 2009-02-04
text: Referred to the Subcommittee on Energy and Mineral Resources.
action_date: 2009-01-27
text: Referred to the House Committee on Natural Resources.
action_date: 2009-01-27
text: Sponsor introductory remarks on measure. (CR E148)
action_date: 2009-01-27
text: Introduced in House
action_date: 2009-01-27
text: Introduced in House