Hardrock Mining and Reclamation Act of 2014
A BILL
To modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims, and for other purposes.
Sec. 2 Definitions and references
In general— As used in this Act:
The term affiliate means with respect to any person, any of the following:
Any person who controls, is controlled by, or is under common control with such person.
Any partner of such person.
Any person owning at least 10 percent of the voting shares of such person.
The term applicant means any person applying for a permit under this Act or a modification to or a renewal of a permit under this Act.
The term beneficiation means the crushing and grinding of locatable mineral ore and such processes as are employed to free the mineral from other constituents, including but not necessarily limited to, physical and chemical separation techniques.
The term casual use—
subject to subparagraphs (B) and (C), means mineral activities that do not ordinarily result in any disturbance of public lands and resources;
includes collection of geochemical, rock, soil, or mineral specimens using handtools, hand panning, or nonmotorized sluicing; and
does not include—
the use of mechanized earth-moving equipment, suction dredging, or explosives;
the use of motor vehicles in areas closed to off-road vehicles;
the construction of roads or drill pads; and
the use of toxic or hazardous materials.
The term claim holder means a person holding a mining claim, millsite claim, or tunnel site claim located under the general mining laws and maintained in compliance with such laws and this Act. Such term may include an agent of a claim holder.
The term control means having the ability, directly or indirectly, to determine (without regard to whether exercised through one or more corporate structures) the manner in which an entity conducts mineral activities, through any means, including without limitation, ownership interest, authority to commit the entity’s real or financial assets, position as a director, officer, or partner of the entity, or contractual arrangement.
The term exploration—
subject to subparagraphs (B) and (C), means creating surface disturbance other than casual use, to evaluate the type, extent, quantity, or quality of minerals present;
includes mineral activities associated with sampling, drilling, and analyzing locatable mineral values; and
does not include extraction of mineral material for commercial use or sale.
The term Federal land means any land, and any interest in land, that is owned by the United States and open to location of mining claims under the general mining laws and title II of this Act.
The term Indian lands means lands held in trust for the benefit of an Indian tribe or individual or held by an Indian tribe or individual subject to a restriction by the United States against alienation.
The term Indian tribe means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
The term locatable mineral—
subject to subparagraph (B), means any mineral, the legal and beneficial title to which remains in the United States and that is not subject to disposition under any of—
the Mineral Leasing Act (30 U.S.C. 181 et seq.);
the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);
the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 et seq.); or
the Mineral Leasing for Acquired Lands Act (30 U.S.C. 351 et seq.); and
does not include any mineral that is subject to a restriction against alienation imposed by the United States and is—
held in trust by the United States for any Indian or Indian tribe, as defined in section 2 of the Indian Mineral Development Act of 1982 (25 U.S.C. 2101); or
owned by any Indian or Indian tribe, as defined in that section.
The term mineral activities means any activity on a mining claim, millsite claim, or tunnel site claim for, related to, or incidental to, mineral exploration, mining, beneficiation, processing, or reclamation activities for any locatable mineral.
The term National Conservation System unit means any unit of the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, or National Trails System, or a National Conservation Area, a National Recreation Area, a National Monument, or any unit of the National Wilderness Preservation System.
The term operator means any person proposing or authorized by a permit issued under this Act to conduct mineral activities and any agent of such person.
The term person means an individual, Indian tribe, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative, or other organization and any instrumentality of State or local government including any publicly owned utility or publicly owned corporation of State or local government.
The term processing means processes downstream of beneficiation employed to prepare locatable mineral ore into the final marketable product, including but not limited to smelting and electrolytic refining.
The term Secretary means the Secretary of the Interior, unless otherwise specified.
The term temporary cessation means a halt in mine-related production activities for a continuous period of no longer than 5 years.
The term undue degradation means irreparable harm to significant scientific, cultural, or environmental resources on public lands that cannot be effectively mitigated.
Valid existing rights— As used in this Act, the term valid existing rights means a mining claim or millsite claim located on lands described in section 201(b), that—
was properly located and maintained under the general mining laws prior to the date of enactment of this Act;
was supported by a discovery of a valuable mineral deposit within the meaning of the general mining laws on the date of enactment of this Act, or satisfied the limitations under existing law for millsite claims; and
continues to be valid under this Act.
References to other laws—
Any reference in this Act to the term general mining laws is a reference to those Acts that generally comprise chapters 2, 12A, and 16, and sections 161 and 162, of title 30, United States Code.
Any reference in this Act to the Act of July 23, 1955, is a reference to the Act entitled “An Act to amend the Act of July 31, 1947 (61 Stat. 681) and the mining laws to provide for multiple use of the surface of the same tracts of the public lands, and for other purposes” (30 U.S.C. 601 et seq.).
References to this Act— Except as otherwise expressly provided, any reference to “this Act” contained in this section, section 3, or titles I through V shall be treated as referring only to the provisions of this section, section 3, and titles I through V.
Sec. 3 Application rules
In general— This Act applies to any mining claim, millsite claim, or tunnel site claim located under the general mining laws, before, on, or after the date of enactment of this Act, except as provided in subsection (b).
Preexisting claims—
Any unpatented mining claim or millsite claim located under the general mining laws before the date of enactment of this Act for which a plan of operation has not been approved or a notice filed prior to the date of enactment shall, upon the effective date of this Act, be subject to the requirements of this Act, except as provided in paragraph (2).
If a plan of operations is approved for mineral activities on any claim or site referred to in paragraph (1) prior to the date of enactment of this Act but such operations have not commenced prior to the date of enactment of this Act—
during the 10-year period beginning on the date of enactment of this Act, mineral activities at such claim or site shall be subject to such plan of operations;
during such 10-year period, modifications of any such plan may be made in accordance with the provisions of law applicable prior to the enactment of this Act if such modifications are deemed minor by the Secretary concerned; and
the operator shall bring such mineral activities into compliance with this Act by the end of such 10-year period.
Where an application for modification of a plan of operations referred to in subparagraph (A)(ii) has been timely submitted and an approved plan expires prior to Secretarial action on the application, mineral activities and reclamation may continue in accordance with the terms of the expired plan until the Secretary makes an administrative decision on the application.
Federal Lands Subject to Existing Permit—
Any Federal land shall be subject to the requirements of section 102(a)(2) if the land is—
subject to an operations permit; and
producing valuable locatable minerals in commercial quantities prior to the date of enactment of this Act.
Any Federal land added through a plan modification to an operations permit on Federal land that is submitted after the date of enactment of this Act shall be subject to the terms of section 102(a)(3).
Application of Act to beneficiation and processing of non-Federal minerals on Federal lands— The provisions of this Act (including the environmental protection requirements of title III) shall apply in the same manner and to the same extent to mining claims, millsite claims, and tunnel site claims used for beneficiation or processing activities for any mineral without regard to whether or not the legal and beneficial title to the mineral is held by the United States. This subsection applies only to minerals that are locatable minerals or minerals that would be locatable minerals if the legal and beneficial title to such minerals were held by the United States.