Mining Regulatory Clarity Act of 2024

Bill: 118-hr-2925
Sponsor: full_name: Rep. Amodei, Mark E. [R-NV-2]
Introduced: 2023-04-27
Policy area: Energy
Subjects: Land use and conservation

Mining

Pipelines

Roads and highways

User charges and fees
Latest action: action_date: 2024-05-09
text: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

Summaries:
action_date: 2023-04-27
action_desc: Introduced in House
text: <p><b>Mining Regulatory Clarity Act of 2023</b></p> <p>This bill sets forth a process to allow mine operations to use, occupy, and conduct operations (e.g., construction of roads and other mining infrastructure activity) on public land regardless of whether a mineral deposit has been discovered on the land.</p>

action_date: 2024-03-07
action_desc: Reported to House
text: <p><b>Mining Regulatory Clarity Act of 2024</b></p> <p>This bill sets forth a process to allow mine operations to use, occupy, and conduct operations (e.g., construction of roads and other mining infrastructure activity) on public land regardless of whether a mineral deposit has been discovered on the land.</p>

action_date: 2024-05-08
action_desc: Passed House
text: <p><strong>Mining Regulatory Clarity Act of 2024</strong></p><p>This bill sets forth a process to allow mine operations to use, occupy, and conduct operations (e.g., construction of roads and other mining infrastructure activity) on public land regardless of whether a mineral deposit has been discovered on the land.</p>

tv_txt: IIB 118th CONGRESS 2d Session H. R. 2925 IN THE SENATE OF THE UNITED STATES May 9, 2024 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To amend the Omnibus Budget Reconciliation Act of 1993 to provide for security of tenure for use of mining claims for ancillary activities, and for other purposes.

1. Short Title This Act may be cited as the Mining Regulatory Clarity Act of 2024 . 2. Use of Mining Claims for Ancillary Activities Section 10101 of the Omnibus Budget Reconciliation Act of 1993 ( 30 U.S.C. 28f ) is amended by adding at the end the following: (e) Security of Tenure (1) Claimant Rights (A) Definition of Operations In this paragraph, the term operations means— (i) with respect to a locatable mineral, any activity or work carried out in connection with— (I) prospecting; (II) exploration; (III) discovery and assessment; (IV) development; (V) extraction; or (VI) processing; (ii) the reclamation of an area disturbed by an activity described in clause (i); and (iii) any activity reasonably incident to an activity described in clause (i) or (ii), regardless of whether that incidental activity is carried out on a mining claim, including the construction and maintenance of any road, transmission line, pipeline, or any other necessary infrastructure or means of access on public land for a support facility. (B) Rights to Use, Occupation, and Operations A claimant shall have the right to use and occupy to conduct operations on public land, with or without the discovery of a valuable mineral deposit, if— (i) the claimant makes a timely payment of— (I) the location fee required by section 10102; and (II) the claim maintenance fee required by subsection (a); or (ii) in the case of a claimant who qualifies for a waiver of the claim maintenance fee under subsection (d)— (I) the claimant makes a timely payment of the location fee required by section 10102; and (II) the claimant complies with the required assessment work under the general mining laws. (2) Fulfillment of Federal Land Policy and Management Act of 1976 A claimant that fulfills the requirements of this section and section 10102 shall be deemed to satisfy any requirements under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) for the payment of fair market value to the United States for the use of public land and resources pursuant to the general mining laws. (3) Savings Clause Nothing in this subsection— (A) diminishes any right (including a right of entry, use, or occupancy) of a claimant; (B) creates or increases any right (including a right of exploration, entry, use, or occupancy) of a claimant on lands that are not open to location under the general mining laws; (C) modifies any provision of law or any prior administrative action withdrawing lands from location or entry; (D) limits the right of the Federal Government to regulate mining and mining-related activities (including requiring claim validity examinations to establish the discovery of a valuable mineral deposit) in areas withdrawn from mining (including under— (i) the general mining laws; (ii) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); (iii) the Wilderness Act ( 16 U.S.C. 1131 et seq. ); (iv) sections 100731 through 100737 of title 54, United States Code (commonly referred to as the ‘Mining in the Parks Act’); (v) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or (vi) division A of subtitle III of title 54, United States Code (commonly referred to as the ‘National Historic Preservation Act’)); or (E) restores any right (including a right of entry, use, or occupancy, or right to conduct operations) of a claimant that existed prior to the date that the lands were closed to or withdrawn from location under the general mining laws and that has been extinguished by such closure or withdrawal. .

Passed the House of Representatives May 8, 2024. Kevin F. McCumber, Clerk.

tv_txt: I 118th CONGRESS 2d Session H. R. 2925 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Omnibus Budget Reconciliation Act of 1993 to provide for security of tenure for use of mining claims for ancillary activities, and for other purposes.

1. Short Title This Act may be cited as the Mining Regulatory Clarity Act of 2024 . 2. Use of Mining Claims for Ancillary Activities Section 10101 of the Omnibus Budget Reconciliation Act of 1993 ( 30 U.S.C. 28f ) is amended by adding at the end the following: (e) Security of Tenure (1) Claimant Rights (A) Definition of Operations In this paragraph, the term operations means— (i) with respect to a locatable mineral, any activity or work carried out in connection with— (I) prospecting; (II) exploration; (III) discovery and assessment; (IV) development; (V) extraction; or (VI) processing; (ii) the reclamation of an area disturbed by an activity described in clause (i); and (iii) any activity reasonably incident to an activity described in clause (i) or (ii), regardless of whether that incidental activity is carried out on a mining claim, including the construction and maintenance of any road, transmission line, pipeline, or any other necessary infrastructure or means of access on public land for a support facility. (B) Rights to Use, Occupation, and Operations A claimant shall have the right to use and occupy to conduct operations on public land, with or without the discovery of a valuable mineral deposit, if— (i) the claimant makes a timely payment of— (I) the location fee required by section 10102; and (II) the claim maintenance fee required by subsection (a); or (ii) in the case of a claimant who qualifies for a waiver of the claim maintenance fee under subsection (d)— (I) the claimant makes a timely payment of the location fee required by section 10102; and (II) the claimant complies with the required assessment work under the general mining laws. (2) Fulfillment of Federal Land Policy and Management Act of 1976 A claimant that fulfills the requirements of this section and section 10102 shall be deemed to satisfy any requirements under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) for the payment of fair market value to the United States for the use of public land and resources pursuant to the general mining laws. (3) Savings Clause Nothing in this subsection— (A) diminishes any right (including a right of entry, use, or occupancy) of a claimant; (B) creates or increases any right (including a right of exploration, entry, use, or occupancy) of a claimant on lands that are not open to location under the general mining laws; (C) modifies any provision of law or any prior administrative action withdrawing lands from location or entry; (D) limits the right of the Federal Government to regulate mining and mining-related activities (including requiring claim validity examinations to establish the discovery of a valuable mineral deposit) in areas withdrawn from mining (including under— (i) the general mining laws; (ii) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); (iii) the Wilderness Act ( 16 U.S.C. 1131 et seq. ); (iv) sections 100731 through 100737 of title 54, United States Code (commonly referred to as the ‘Mining in the Parks Act’); (v) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or (vi) division A of subtitle III of title 54, United States Code (commonly referred to as the ‘National Historic Preservation Act’)); or (E) restores any right (including a right of entry, use, or occupancy, or right to conduct operations) of a claimant that existed prior to the date that the lands were closed to or withdrawn from location under the general mining laws and that has been extinguished by such closure or withdrawal. .

Passed the House of Representatives May 8, 2024. Cheryl L. Johnson, Clerk.

tv_txt: I 118th CONGRESS 2d Session H. R. 2925 IN THE HOUSE OF REPRESENTATIVES April 27, 2023 Mr. Amodei (for himself and Mrs. Peltola ) introduced the following bill; which was referred to the Committee on Natural Resources March 7, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed May 1, 2024 Recommitted to the Committee on Natural Resources A BILL To amend the Omnibus Budget Reconciliation Act of 1993 to provide for security of tenure for use of mining claims for ancillary activities, and for other purposes.

1. Short title This Act may be cited as the Mining Regulatory Clarity Act of 2023 . 2. Use of mining claims for ancillary activities Section 10101 of the Omnibus Budget Reconciliation Act of 1993 ( 30 U.S.C. 28f ) is amended by adding at the end the following: (e) Security of tenure (1) Claimant rights (A) Definition of operations In this paragraph, the term operations means— (i) with respect to a locatable mineral, any activity or work carried out in connection with— (I) prospecting; (II) exploration; (III) discovery and assessment; (IV) development; (V) extraction; or (VI) processing; (ii) the reclamation of an area disturbed by an activity described in clause (i); and (iii) any activity reasonably incident to an activity described in clause (i) or (ii), regardless of whether that incidental activity is carried out on a mining claim, including the construction and maintenance of any road, transmission line, pipeline, or any other necessary infrastructure or means of access on public land for a support facility. (B) Rights to use, occupation, and operations A claimant shall have the right to use, occupy, and conduct operations on public land, with or without the discovery of a valuable mineral deposit, if— (i) the claimant makes a timely payment of— (I) the location fee required by section 10102; and (II) the claim maintenance fee required by subsection (a); or (ii) in the case of a claimant who qualifies for a waiver of the claim maintenance fee under subsection (d)— (I) the claimant makes a timely payment of the location fee required by section 10102; and (II) the claimant complies with the required assessment work under the general mining laws. (2) Fulfillment of Federal Land Policy and Management Act of 1976 A claimant that fulfills the requirements of this section and section 10102 shall be deemed to satisfy any requirements under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) for the payment of fair market value to the United States for the use of public land and resources pursuant to the general mining laws. (3) Savings clause Nothing in this subsection may be construed to diminish any right (including a right of entry, use, or occupancy) of a claimant. .

April 27, 2023 Referred to the Committee on Natural Resources March 7, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed May 1, 2024 Recommitted to the Committee on Natural Resources

tv_txt: IB Union Calendar No. 342 118th CONGRESS 2d Session H. R. 2925 [Report No. 118–416] IN THE HOUSE OF REPRESENTATIVES April 27, 2023 Mr. Amodei (for himself and Mrs. Peltola ) introduced the following bill; which was referred to the Committee on Natural Resources March 7, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on April 27, 2023 A BILL To amend the Omnibus Budget Reconciliation Act of 1993 to provide for security of tenure for use of mining claims for ancillary activities, and for other purposes.

1. Short title This Act may be cited as the Mining Regulatory Clarity Act of 2024 . 2. Use of mining claims for ancillary activities Section 10101 of the Omnibus Budget Reconciliation Act of 1993 ( 30 U.S.C. 28f ) is amended by adding at the end the following: (e) Security of tenure (1) Claimant rights (A) Definition of operations In this paragraph, the term operations means— (i) with respect to a locatable mineral, any activity or work carried out in connection with— (I) prospecting; (II) exploration; (III) discovery and assessment; (IV) development; (V) extraction; or (VI) processing; (ii) the reclamation of an area disturbed by an activity described in clause (i); and (iii) any activity reasonably incident to an activity described in clause (i) or (ii), regardless of whether that incidental activity is carried out on a mining claim, including the construction and maintenance of any road, transmission line, pipeline, or any other necessary infrastructure or means of access on public land for a support facility. (B) Rights to use, occupation, and operations A claimant shall have the right to use and occupy to conduct operations on public land, with or without the discovery of a valuable mineral deposit, if— (i) the claimant makes a timely payment of— (I) the location fee required by section 10102; and (II) the claim maintenance fee required by subsection (a); or (ii) in the case of a claimant who qualifies for a waiver of the claim maintenance fee under subsection (d)— (I) the claimant makes a timely payment of the location fee required by section 10102; and (II) the claimant complies with the required assessment work under the general mining laws. (2) Fulfillment of Federal Land Policy and Management Act of 1976 A claimant that fulfills the requirements of this section and section 10102 shall be deemed to satisfy any requirements under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) for the payment of fair market value to the United States for the use of public land and resources pursuant to the general mining laws. (3) Savings clause Nothing in this subsection— (A) diminishes any right (including a right of entry, use, or occupancy) of a claimant; (B) creates or increases any right (including a right of exploration, entry, use, or occupancy) of a claimant on lands that are not open to location under the general mining laws; (C) modifies any provision of law or any prior administrative action withdrawing lands from location or entry; (D) limits the right of the Federal Government to regulate mining and mining-related activities (including requiring claim validity examinations to establish the discovery of a valuable mineral deposit) in areas withdrawn from mining (including under— (i) the general mining laws; (ii) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); (iii) the Wilderness Act ( 16 U.S.C. 1131 et seq. ); (iv) sections 100731 through 100737 of title 54, United States Code (commonly referred to as the Mining in the Parks Act ); (v) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or (vi) division A of subtitle III of title 54, United States Code (commonly referred to as the National Historic Preservation Act )); or (E) restores any right (including a right of entry, use, or occupancy, or right to conduct operations) of a claimant that existed prior to the date that the lands were closed to or withdrawn from location under the general mining laws and that has been extinguished by such closure or withdrawal. .

March 7, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: I 118th CONGRESS 1st Session H. R. 2925 IN THE HOUSE OF REPRESENTATIVES April 27, 2023 Mr. Amodei (for himself and Mrs. Peltola ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Omnibus Budget Reconciliation Act of 1993 to provide for security of tenure for use of mining claims for ancillary activities, and for other purposes.

1. Short title This Act may be cited as the Mining Regulatory Clarity Act of 2023 . 2. Use of mining claims for ancillary activities Section 10101 of the Omnibus Budget Reconciliation Act of 1993 ( 30 U.S.C. 28f ) is amended by adding at the end the following: (e) Security of tenure (1) Claimant rights (A) Definition of operations In this paragraph, the term operations means— (i) with respect to a locatable mineral, any activity or work carried out in connection with— (I) prospecting; (II) exploration; (III) discovery and assessment; (IV) development; (V) extraction; or (VI) processing; (ii) the reclamation of an area disturbed by an activity described in clause (i); and (iii) any activity reasonably incident to an activity described in clause (i) or (ii), regardless of whether that incidental activity is carried out on a mining claim, including the construction and maintenance of any road, transmission line, pipeline, or any other necessary infrastructure or means of access on public land for a support facility. (B) Rights to use, occupation, and operations A claimant shall have the right to use, occupy, and conduct operations on public land, with or without the discovery of a valuable mineral deposit, if— (i) the claimant makes a timely payment of— (I) the location fee required by section 10102; and (II) the claim maintenance fee required by subsection (a); or (ii) in the case of a claimant who qualifies for a waiver of the claim maintenance fee under subsection (d)— (I) the claimant makes a timely payment of the location fee required by section 10102; and (II) the claimant complies with the required assessment work under the general mining laws. (2) Fulfillment of Federal Land Policy and Management Act of 1976 A claimant that fulfills the requirements of this section and section 10102 shall be deemed to satisfy any requirements under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) for the payment of fair market value to the United States for the use of public land and resources pursuant to the general mining laws. (3) Savings clause Nothing in this subsection may be construed to diminish any right (including a right of entry, use, or occupancy) of a claimant. .