[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 544 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 544
To provide for the location of multiple hardrock mining mill sites, to
establish the Abandoned Hardrock Mine Fund, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 2025
Ms. Cortez Masto (for herself, Mr. Risch, Ms. Rosen, Mr. Crapo, and Ms.
Murkowski) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for the location of multiple hardrock mining mill sites, to
establish the Abandoned Hardrock Mine Fund, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mining Regulatory Clarity Act''.
SEC. 2. HARDROCK MINING MILL SITES.
(a) Multiple Mill Sites.--Section 2337 of the Revised Statutes (30
U.S.C. 42) is amended by adding at the end the following:
``(c) Additional Mill Sites.--
``(1) Definitions.--In this subsection:
``(A) Mill site.--The term `mill site' means a
location of public land that is reasonably necessary
for waste rock or tailings disposal or other operations
reasonably incident to mineral development on, or
production from land included in a plan of operations.
``(B) Operations; operator.--The terms `operations'
and `operator' have the meanings given those terms in
section 3809.5 of title 43, Code of Federal Regulations
(as in effect on the date of enactment of this
subsection).
``(C) Plan of operations.--The term `plan of
operations' means a plan of operations that an operator
must submit and the Secretary of the Interior or the
Secretary of Agriculture, as applicable, must approve
before an operator may begin operations, in accordance
with, as applicable--
``(i) subpart 3809 of title 43, Code of
Federal Regulations (or successor regulations
establishing application and approval
requirements); and
``(ii) part 228 of title 36, Code of
Federal Regulations (or successor regulations
establishing application and approval
requirements).
``(D) Public land.--The term `public land' means
land owned by the United States that is open to
location under sections 2319 through 2344 of the
Revised Statutes (30 U.S.C. 22 et seq.), including--
``(i) land that is mineral-in-character (as
defined in section 3830.5 of title 43, Code of
Federal Regulations (as in effect on the date
of enactment of this subsection));
``(ii) nonmineral land (as defined in
section 3830.5 of title 43, Code of Federal
Regulations (as in effect on the date of
enactment of this subsection)); and
``(iii) land where the mineral character
has not been determined.
``(2) In general.--Notwithstanding subsections (a) and (b),
where public land is needed by the proprietor of a lode or
placer claim for operations in connection with any lode or
placer claim within the proposed plan of operations, the
proprietor may--
``(A) locate and include within the plan of
operations as many mill site claims under this
subsection as are reasonably necessary for its
operations; and
``(B) use or occupy public land in accordance with
an approved plan of operations.
``(3) Mill sites convey no mineral rights.--A mill site
under this subsection does not convey mineral rights to the
locator.
``(4) Size of mill sites.--A location of a single mill site
under this subsection shall not exceed 5 acres.
``(5) Mill site and lode or placer claims on same tracts of
public land.--A mill site may be located under this subsection
on a tract of public land on which the claimant or operator
maintains a previously located lode or placer claim.
``(6) Effect on mining claims.--The location of a mill site
under this subsection shall not affect the validity of any lode
or placer claim, or any rights associated with such a claim.
``(7) Patenting.--A mill site under this section shall not
be eligible for patenting.
``(8) Savings provisions.--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 land that is not open to location under the
general mining laws;
``(C) modifies any provision of law or any prior
administrative action withdrawing land 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;
``(v) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
``(vi) division A of subtitle III of title
54, United States Code (commonly referred to as
the `National Historic Preservation Act'); or
``(vii) section 4 of the Act of July 23,
1955 (commonly known as the `Surface Resources
Act of 1955') (69 Stat. 368, chapter 375; 30
U.S.C. 612);
``(E) restores any right (including a right of
entry, use, or occupancy, or right to conduct
operations) of a claimant that--
``(i) existed prior to the date on which
the land was closed to, or withdrawn from,
location under the general mining laws; and
``(ii) that has been extinguished by such
closure or withdrawal; or
``(F) modifies section 404 of division E of the
Consolidated Appropriations Act, 2024 (Public Law 118-
42).''.
(b) Abandoned Hardrock Mine Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a separate account, to be known as the
``Abandoned Hardrock Mine Fund'' (referred to in this
subsection as the ``Fund'').
(2) Source of deposits.--Any amounts collected by the
Secretary of the Interior pursuant to the claim maintenance fee
under section 10101(a)(1) of the Omnibus Budget Reconciliation
Act of 1993 (30 U.S.C. 28f(a)(1)) on mill sites located under
subsection (c) of section 2337 of the Revised Statutes (30
U.S.C. 42) shall be deposited into the Fund.
(3) Use.--The Secretary of the Interior may make
expenditures from amounts available in the Fund, without
further appropriations, only to carry out section 40704 of the
Infrastructure Investment and Jobs Act (30 U.S.C. 1245).
(4) Allocation of funds.--Amounts made available under
paragraph (3)--
(A) shall be allocated in accordance with section
40704(e)(1) of the Infrastructure Investment and Jobs
Act (30 U.S.C. 1245(e)(1)); and
(B) may be transferred in accordance with section
40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)).
(c) Clerical Amendments.--Section 10101 of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28f) is amended--
(1) by striking ``the Mining Law of 1872 (30 U.S.C. 28-
28e)'' each place it appears and inserting ``sections 2319
through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.)'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the second sentence, by striking
``Such claim maintenance fee'' and inserting
the following:
``(B) Fee.--The claim maintenance fee under
subparagraph (A)''; and
(ii) in the first sentence, by striking
``The holder of'' and inserting the following:
``(A) In general.--The holder of''; and
(B) in paragraph (2)--
(i) in the second sentence, by striking
``Such claim maintenance fee'' and inserting
the following:
``(B) Fee.--The claim maintenance fee under
subparagraph (A)''; and
(ii) in the first sentence, by striking
``The holder of'' and inserting the following:
``(A) In general.--The holder of''; and
(3) in subsection (b)--
(A) in the second sentence, by striking ``The
location fee'' and inserting the following:
``(2) Fee.--The location fee''; and
(B) in the first sentence, by striking ``The claim
main tenance fee'' and inserting the following:
``(1) In general.--The claim maintenance fee''.
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