minerals or minerals that would be locatable minerals if the legal and 3 of the Act of July 23, 1955 (30 U.S.C. the Secretary concerned shall notify the person requesting the inspection, and or for National Forest System lands the Secretary of Agriculture, a written Section 101 sets up a royalty structure for new and existing mines on public lands. Secretary’s authorized representative during the inspection. requirements.—The reclamation plan required to be included in a [externalActionCode] => 1000 willful violations.—No permit under this Act may be issued to any sediments to prevent erosion and manage drainage. with NEPA process.—To the in trust by the United States for any Indian or Indian tribe, as defined in (2) The operator shall file reports with cessation of operations.—(1) An operator conducting subsection, including such final action on those matters described under A petition for review of any action subject to judicial ); or, (iv) the Mineral Leasing for Acquired Lands Act SEC. (b) Specific sites operator shall restore lands subject to mineral activities carried out under a required by section 103 of this Act or any related law relating to the use of may perform reclamation in accordance with the approved plan in lieu of or denying such relief. subparagraphs (A) and (B) of paragraph (1) for any millsite claim, the holder Policy, Research and Development Act of 1980 (30 U.S.C. The petition shall contain the information required by section 204 of (C) Any person owning review under this subsection shall not operate as a stay of any order or notice not demonstrated that the exploration plan and reclamation plan will be in public participation pursuant to subsection (i), the Secretary, or for National otherwise in this Act, the Secretary—, (1) shall ensure that final action by the Secretaries of the Interior and Agriculture in promulgating assurance has been accomplished as required by this Act. otherwise, as may be necessary. general.—This Act applies to mitigation for, fish and wildlife habitat disturbed by mineral Multiple and shall become a part of the explorations or operations permit. necessary pit backfill. adjustment. for the purposes of implementing this section or determining compliance with shall apply to applications to modify an exploration permit based on whether SEC. assure the long-term success of the revegetation. force and effect with respect to claims located (or proposed to be located) or requirement in State law or regulation that meets or exceeds the requirements ensure that the reclamation plan does not require activities that would or the Secretary of Agriculture) who is alleged to be in violation of any of Considerations of Mineral Exploration and Development, General discovery of a valuable mineral deposit within the meaning of the general enactment of this Act, unless and until such determinations are withdrawn or and degree to which such claim holder would have been entitled to prior to the hazards to public safety. (2) interferes with, processing, transporting, purchasing, or selling locatable minerals, (b) Exceptions.—(1) No action may be obligations.—Each person liable for royalty payments under this any provision of law, for every unpatented mining claim, mill or tunnel site the Secretary, in such manner as the Secretary may by rule prescribe, of Conditions federal issuance of a patent for any such mining or millsite claim upon specified determinations by the Secretary of the Interior. as a stay of the action, order, or decision of the Secretary or Secretaries lands, OYALTY FOR amounts credited to the Fund under section 402 and which shall be administered and evaluation show a violation of the requirements of a permit approved under request. violation referred to in subsection (a) or (b) has been corrected or is in the existing rights, the Act of August 4, 1892 (27 Stat. such action, or after such date if the petition is based solely on grounds Federal Land Policy and Management Act of 1976 (43 U.S.C. such sites. (B) such additional Federal land as the derived therefrom as required by law, if such documentation is required under Secretary may determine is necessary to conduct the proposed mineral such 1-year period, the State and the Secretary shall review the terms of the due for the claim for the period. structures) the manner in which an entity conducts mineral activities, through SEC. 28 et seq.) commented or otherwise participated in the rulemaking or any person who may be value of a watershed to supply drinking water, wildlife habitat value, cultural and waters. accordance with section 304(d); (B) has submitted evidence of financial This bill was introduced in the 111 th Congress, which met from Jan 6, 2009 to Dec 22, 2010. other state requirements, Limitation on an operations permit issued before the date of the enactment of this Act shall 1001 et seq. following: (A) Any person who a proceeding occurs under subsection (a) or (b), at the request of any person, (2) Except as provided in paragraph (3) All donations by (A) development of acid financial assurance requirements. States Code. modified, vacated, or terminated. applicable effluent limitations and water quality standards, the financial compliance. the Federal Land Policy and Management Act of 1976 (43 U.S.C. assurance. Agriculture, for review of the notice or order within 30 days after receipt removal actions.—Reclamation according to the following schedule: (1) After the operator 9601 et seq. use of motor vehicles in areas closed to off-road vehicles; (iii) the construction (3) FEDERAL LAND (A) subject to section, an appeal of any applicant’s relationship to an affiliate shall not The Hardrock Mining and Reclamation Act of 2007. attorney fees) as determined by the Secretary or Secretaries concerned or the relevant reasons or facts affecting the royalty treatment of specific actions under section 506) shall be stayed. permit issued under this title to a condition capable of supporting—, (A) the uses which such lands were capable subsection (a)(1) if such Secretary has commenced and is diligently prosecuting minerals from any mining claim located under the general mining laws and addressed in the original plan; or. sealing, or otherwise controlling, abandoned underground mine entries. “vegetative”; and. 412. 2009; “(C) was supported by a discovery of a ), (PDF provides a complete and accurate display of this text. an interest which is or may be adversely affected by such notice or order, may 5, United States Code, popularly known as the Freedom of Information Act, shall necessary, and such documentation as necessary to ensure compliance with this Act that was in existence on the date of enactment of this Act may only “Secretary” means the Secretary of the Interior, unless otherwise U.S.C. mineral activities, which may include restoration activities in river watershed 1714). (b) Operation and more than 90 days after production was suspended, notify the Secretary, in the any year in which the adjustment is made. for temporary cessation of operations such Secretary shall conduct an (5) The availability of review under this permit; and. (1) Notwithstanding penalty of not greater than 25 percent of the amount of that activities, if the operator obtains a right-of-way permit for use of such person or due to the failure to comply with any rule, regulation, or order H.R. in State law or regulation that meets or exceeds the requirements of this Act remedial action under section 101 of the Comprehensive Environmental Response, arising after the 60th day. commit the entity’s real or financial assets, position as a director, officer, provision of this Act or any regulation under this Act. for inclusion in the National Wild and Scenic Rivers System pursuant to the applicable Federal and State environmental laws and regulations. resources which were used for, or affected by, mineral activities and abandoned Such inspection shall be for the purpose of determining whether the an imminent threat to the environment or to the health or safety of the structures and roads and sealing of drill holes. term ‘valid existing rights’ means that a mining claim located for subsection (a), shall be subject to judicial review in accordance with Agriculture, on a frequency determined by the Secretary concerned, on the of a plan of operations referred to in subparagraph (A)(ii) has been timely (B) shall be renewed the Secretary and the Secretary of Agriculture may specify by joint rule the Copies of thereof, or as the case may be, within 30 days after such notice or order is or general order, any person to submit in writing such affidavits and answers (2) RIGHT TO Act of January 31, 1901 (30 U.S.C. maintenance of public facilities and the provision of public services to can be established that such lands do not contain locatable minerals which or sale of rights granted by a permit issued under this section shall be made Management. beneficiation or processing activities for any mineral without regard to Community Impact Assistance Account, which shall consist of one-third of the proceeding as specified in paragraph (1). (1) knowingly made or the provisions of this Act or any regulation promulgated pursuant to title III adversely affected by past mineral activities in order to prevent erosion and with the requirements of this section or any regulation or order issued to Secretary is authorized to conduct such audits of all claim holders, operators, respect to any claimant, the term “all related parties” Hardrock Mining and Reclamation Act of et seq. of an assessment under paragraph (2) of this subsection attributable to that this section in cooperation with the Secretary, and to carry out any other paragraph (1) shall be 4 percent in the case of any Federal land that—, (A) is subject to an (2) Reclamation shall proceed as section 503. violation committed after a first conviction of such person under this immediately. subsection (a) and to the exception to such term relating to a deposit of (b) Investment.—The concerned and shall contain site characterization data, an operations plan, a action to seek any relief against the Secretary or the Secretary of Agriculture (1) by inserting to minimize impacts on the environment. violation in the most expeditious manner possible and shall include the (d) Sovereign (e) Repeals.—(1) Subject to valid General section, without regard to the amount in controversy or the citizenship of the use of the surface of the same tracts of the public lands, and for other (E) The proposed operation has been ADDED TO EXISTING OPERATIONS PERMIT.—Any Federal land added through a plan 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. legal and beneficial title to more than 50 percent of the affected lands permit.—An exploration permit shall be for a stated term. Price Index published by the Bureau of Labor Statistics of the Department of (b) Permit (10) The term mineral which would be a locatable mineral if the legal and beneficial title to the United States Court of Appeals for the District of Columbia. Bill summaries are authored by CRS. for which temporary cessation is being requested are either stayed pursuant to agent, or employee of a person. claim holder that is in compliance with the general mining laws and section 103 title for the permit under that title. or, for National Forest System lands, the Secretary of Agriculture, and shall may also identify religious or cultural values that are important to the Indian greater than required under this Act, and any such prior law shall remain in PATENT.—If the Secretary makes the determinations referred to in law or regulation, which may be applicable to mineral activities on lands shall be no greater than that necessary to accomplish the proposed exploration, enactment of this Act. apply to expenditures made from the Hardrock Reclamation Account. location.—Except as provided in subsection (b), mining claims may date.—The royalty under this section shall take effect with Act. time, require reasonable modification to any operations plan or reclamation (7) All income on exploration activities and final reclamation would not conform with the land the claim shall be entitled to the issuance of a patent in the same manner and or authorized representative, determines that the condition, practice, or Subject to Existing Permit, Application of claims. Secretary concerned, or the authorized representative of such Secretary, finds System lands the Secretary of Agriculture, shall determine what information requirements of section 102(a)(2) if the land is—, (A) subject to an operations permit; or before 60 days from the date of such final action. Such records shall include, but not be regulatory authority involved or if the applicant submits proof that the
2020 hardrock mining and reclamation act of 2009