An amendment numbered 1 printed in House Report 110-416 to clarify that `valid existing rights' associated with existing mining claims would be protected under the Act. It would clarify that in addition to paying a 4% royalty, existing operations will still need to come into compliance with the Act within 10 years; would clarify that the claim maintenance and location fees currently allotted to administration of the mining laws will continue to be so allotted with the balance going to clean-up of abandoned hardrock mines, subject to appropriations; would clarify that user fees assessed by the BLM to process mining permit applications will be used for administration of the mining law program; would limit the purview of section 504-citizen suits--to permits issued pursuant to title III of the Act; and finally, would clarify that nothing under the Act will affect the sovereign immunity of any Indian Tribe.
What it does: 17 changes: rewrites 5 provisions, replaces text in 7 places, strikes a provision, inserts text in 2 places, strikes text in 2 places
Rep. Nick J. Rahall II (D-WV)Description
Amendment to clarify that "valid existing rights" associated with existing mining claims would be protected under the Act. It would clarify that in addition to paying a 4% royalty, existing operations will still need to come into compliance with the Act within 10 years; would clarify that the claim maintenance and location fees currently allotted to administration of the mining laws will continue to be so allotted with the balance going to clean-up of abandoned hardrock mines, subject to appropriations; would clarify that user fees assessed by the BLM to process mining permit applications will be used for administration of the mining law program; would limit the purview of section 504-citizen suits--to permits issued pursuant to title III of the Act; and finally, would clarify that nothing under the Act will affect the sovereign immunity of any Indian Tribe.
What it changes
17 changes to H.R. 2262 · 13 shown in the bill's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Rewrites section 2(b)
ReplacesIn H.R. 2262 · Reported in House
Struck: (b) Title II.--
(
[struck: 1][inserted: b]) Valid[struck: existing rights][inserted: Existing Rights].--As used in[struck: title II][inserted: this Act], the term "valid existing rights" means a mining claim or millsite claim located on lands described in section 201(b), that--(
[struck: A][inserted: 1]) was properly located and maintained under[struck: this Act ][inserted: the general mining laws ]prior to[struck: and on the applicable date; or][inserted: the date of enactment of this Act;]Struck: (B)(i) was properly located and maintained under the general mining laws prior to the applicable date;
(
[struck: ii][inserted: 2]) was supported by a discovery of a valuable mineral deposit within the meaning of the general mining laws on the[struck: applicable ]date[inserted: of enactment of this Act], or satisfied the limitations under existing law for millsite claims; and(
[struck: iii][inserted: 3]) continues to be valid under this Act.Struck: (2) Applicable date.--As used in paragraph (1), the term "applicable date" means one of the following:
Struck: (A) For lands described in paragraph (1) of section 201(b), the date of the recommendation referred to in paragraph (1) of that section if such recommendation is made on or after the date of the enactment of this Act.
Struck: (B) For lands described in paragraph (1) of section 201(b), if the recommendation referred to in paragraph (1) of that section is made before the date of the enactment of this Act, the earlier of--
Struck: (i) the date of the enactment of this Act; or
Show 5 more struck paragraphsShow less
Struck: (ii) the date of any withdrawal of such lands from mineral activities.
Struck: (C) For lands described in paragraph (3)(B) of section 201(b), the date of the enactment of this Act.
Struck: (D) For lands described in paragraph (3)(A) or (3)(C) of section 201(b), the date of the enactment of the amendment to the Wild and Scenic Rivers Act (16 U.S.C. 1271 and following) listing the river segment for study.
Struck: (E) For lands described in paragraph (3)(B) of section 201(b), the date of the determination of eligibility of such lands for inclusion in the Wild and Scenic River System.
Struck: (F) For lands described in paragraph (4) of section 201(b), the date of the withdrawal under other law.
Original wording
Amend section 2(b) to read as follows:
Change 2: Replaces “section 102” at the section 3(c)(2) with “section 102(a)(3)”
ReplacesIn H.R. 2262 · Reported in House
(2) 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[inserted: (a)(3)].
Original wording
In section 3(c)(2), strike “section 102” and insert “section 102(a)(3)”.
Change 3: Rewrites section 102(a)(3)
ReplacesIn H.R. 2262 · Reported in House
(3) Federal land added to existing operations permit.--Any Federal land added through a plan modification to an operations permit
[struck: on Federal land ]that is submitted after the date of enactment of this Act shall be subject to the royalty that applies to[struck: other ]Federal land[struck: that is subject to the operations permit before that submission ]under paragraph (1)[struck: or (2), as applicable].Original wording
Amend section 102(a)(3) to read as follows:
Change 4: Strikes section 102(a)(4)
StrikesIn H.R. 2262 · Reported in House
Struck: (4) Other application provision not effective.--Section 3(c) of this Act shall have no force or effect.
Original wording
Strike section 102(a)(4) (and redesignate the subsequent paragraph accordingly).
Change 5: Rewrites section 103(a)(4)
ReplacesIn H.R. 2262 · Reported in House
(4)
[struck: Monies][inserted: Moneys] received under this subsection [inserted: that are not otherwise allocated for the administration of the mining laws by the Department of the Interior ]shall be deposited in the Locatable Minerals Fund established by this Act.Original wording
Amend section 103(a)(4) to read as follows:
Change 6: Replaces “Any State” at the section 202(a) with “Subject to valid existing rights, any State”
ReplacesIn H.R. 2262 · Reported in House
(a) In General.--
[struck: Any ][inserted: Subject to valid existing rights, any ]State or political subdivision of a State or an Indian tribe may submit a petition to the Secretary for the withdrawal of a specific tract of Federal land from the operation of the general mining laws, in order to protect specific values identified in the petition that are important to the State or political subdivision or Indian tribe. Such values may include the value of a watershed to supply drinking water, wildlife habitat value, cultural or historic resources, or value for scenic vistas important to the local economy, and other similar values. In the case of an Indian tribe, the petition may also identify religious or cultural values that are important to the Indian tribe. The petition shall contain the information required by section 204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714).Original wording
In section 202(a), strike “Any State” and insert “Subject to valid existing rights, any State”.
Change 7: Inserts “subject to valid existing rights,” after “petition”
InsertsSection 202(b)(3)…petition[inserted: subject to valid existing rights,]…
Original wording
In section 202(b)(3), after “petition” insert “subject to valid existing rights,”.
Change 8: Strikes “All moneys” through the end of the sentence at the section 303(g)(4)
StrikesStruck: All moneys …
Original wording
In section 303(g)(4), strike “All moneys” and all that follows through the end of the sentence.
Change 9: Strikes “All moneys” through the end of the sentence at the section 304(h)(4)
StrikesStruck: All moneys …
Original wording
In section 304(h)(4), strike “All moneys” and all that follows through the end of the sentence.
Change 10: Replaces “the National Park System” at the section 309 with “a National Park”
ReplacesIn H.R. 2262 · Reported in House
SEC. 309. LIMITATION ON THE ISSUANCE OF PERMITS.
No permit shall be issued under this title that authorizes mineral activities that would impair the land or resources of
[struck: the][inserted: a] National Park[struck: System ]or a National Monument. For purposes of this section, the term "impair" shall include any diminution of the affected land including its scenic assets, its water resources, its air quality, and its acoustic qualities, or other changes that would impair a citizen's experience at the National Park or National Monument.Original wording
In section 309, strike “the National Park System” and insert “a National Park”.
Change 11: Replaces “including its scenic assets, its water resources, its air quality, and its acoustic quali…” at the section 309 with “including wildlife, scenic assets, water resources, air quality, and acoustic qualities,…”
ReplacesIn H.R. 2262 · Reported in House
SEC. 309. LIMITATION ON THE ISSUANCE OF PERMITS.
No permit shall be issued under this title that authorizes mineral activities that would impair the land or resources of the National Park System or a National Monument. For purposes of this section, the term "impair" shall include any diminution of the affected land including
[struck: its][inserted: wildlife,] scenic assets,[struck: its ]water resources,[struck: its ]air quality, and[struck: its ]acoustic qualities, or other changes that would impair a citizen's experience at the National Park or National Monument.Original wording
In section 309, strike “including its scenic assets, its water resources, its air quality, and its acoustic qualities, or other changes” and insert “including wildlife, scenic assets, water resources, air quality, and acoustic qualities, or other changes”.
Change 12: Rewrites section 402(2)
ReplacesRemoves section 402(2).
Inserted: (2) All fees received under section 304(a)(1)(B).
Inserted: Amend section 402(6) to read as follows:
Inserted: (6) All amounts received by the United States pursuant to section 103 as claim maintenance and location fees minus the moneys allocated for administration of the mining laws by the Department of the Interior.
Original wording
Amend section 402(2) to read as follows:
Change 13: Replaces “allged” at the section 504(a)(1) with “alleged”
ReplacesIn H.R. 2262 · Reported in House
(1) against any person (including the Secretary or the Secretary of Agriculture) who is
[struck: allged][inserted: alleged] to be in violation of any of the provisions of this Act or any regulation promulgated pursuant to this Act or any term or condition of any permit issued under this Act; orOriginal wording
In section 504(a)(1), strike “allged” and insert “alleged”.
Change 14: Replaces “pursuant to this Act” at the section 504(a)(1) with “pursuant to title III of this Act”
ReplacesIn H.R. 2262 · Reported in House
(1) against any person (including the Secretary or the Secretary of Agriculture) who is allged to be in violation of any of the provisions of this Act or any regulation promulgated pursuant to [inserted: title III of ]this Act or any term or condition of any permit issued under this Act; or
Original wording
In section 504(a)(1), strike “pursuant to this Act” and insert “pursuant to title III of this Act”.
Change 15: Replaces “under this Act” at the section 504(a)(1) with “under title III of this Act”
ReplacesIn H.R. 2262 · Reported in House
(1) against any person (including the Secretary or the Secretary of Agriculture) who is allged to be in violation of any of the provisions of this Act or any regulation promulgated pursuant to this Act or any term or condition of any permit issued under [inserted: title III of ]this Act; or
Original wording
In section 504(a)(1), strike “under this Act” and insert “under title III of this Act”.
Change 16: Rewrites section 511
ReplacesIn H.R. 2262 · Reported in House
SEC. 511. OIL SHALE CLAIMS
[struck: SUBJECT TO SPECIAL RULES].[struck: (a) Application of ]Section[struck: 511.--Section 511 shall apply to oil shale claims referred to in section ]2511([struck: e][inserted: f])[struck: (2)]of the Energy Policy Act of 1992 (Public Law 102-486)[struck: .][inserted: is amended as follows:]Struck: (b) Amendment.--Section 2511(f) of the Energy Policy Act of 1992 (Public Law 102-486) is amended as follows:
(1) By striking "as prescribed by the Secretary".
(2) By inserting before the period the following: "in the same manner as
[struck: if such claim was subject to ][inserted: required by ]title II and title III of the Hardrock Mining and Reclamation Act of 2007".Original wording
Amend section 511 to read as follows
Change 17: Inserts new text at the end of section 513
InsertsIn H.R. 2262 · Reported in House
(c) Protection of Conservation Areas.--In order to protect the resources and values of National Conservation System units, the Secretary, as appropriate, shall utilize authority under this Act and other applicable law to the fullest extent necessary to prevent mineral activities that could have an adverse impact on the resources or values for which such units were established.
Inserted: (d) Sovereign Immunity of Indian Tribes.--Nothing in this section shall be construed so as to waive the sovereign immunity of any Indian tribe.
Original wording
At the end of section 513, add the following:
Shown as written
In section 3(c)(1), strike the matter preceding subparagraph (A) and insert “Any Federal land shall be subject to the requirements of section 102(a)(2) if the land is--”.
(and conform the table of contents in section 1(b)):
Change made on the floor
In the instruction relating to section 202(b)(3), insert before the word “insert” the following phrase: “in the first place it appears”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Amend section 2(b) to read as follows:
(b) 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--
(1) was properly located and maintained under the general mining laws prior to the date of enactment of this Act;
(2) 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
(3) continues to be valid under this Act.
In section 3(c)(1), strike the matter preceding subparagraph (A) and insert “Any Federal land shall be subject to the requirements of section 102(a)(2) if the land is--”.
In section 3(c)(2), strike “section 102” and insert “section 102(a)(3)”.
Amend section 102(a)(3) to read as follows:
(3) Federal land added to existing operations permit.--Any Federal land added through a plan modification to an operations permit that is submitted after the date of enactment of this Act shall be subject to the royalty that applies to Federal land under paragraph (1).
Strike section 102(a)(4) (and redesignate the subsequent paragraph accordingly).
Amend section 103(a)(4) to read as follows:
(4) Moneys received under this subsection that are not otherwise allocated for the administration of the mining laws by the Department of the Interior shall be deposited in the Locatable Minerals Fund established by this Act.
In section 202(a), strike “Any State” and insert “Subject to valid existing rights, any State”.
In section 202(b)(3), after “petition” insert “subject to valid existing rights,”.
In section 303(g)(4), strike “All moneys” and all that follows through the end of the sentence.
In section 304(h)(4), strike “All moneys” and all that follows through the end of the sentence.
In section 309, strike “the National Park System” and insert “a National Park”.
In section 309, strike “including its scenic assets, its water resources, its air quality, and its acoustic qualities, or other changes” and insert “including wildlife, scenic assets, water resources, air quality, and acoustic qualities, or other changes”.
Amend section 402(2) to read as follows:
(2) All fees received under section 304(a)(1)(B).
Amend section 402(6) to read as follows:
(6) All amounts received by the United States pursuant to section 103 as claim maintenance and location fees minus the moneys allocated for administration of the mining laws by the Department of the Interior.
In section 504(a)(1), strike “allged” and insert “alleged”.
In section 504(a)(1), strike “pursuant to this Act” and insert “pursuant to title III of this Act”.
In section 504(a)(1), strike “under this Act” and insert “under title III of this Act”.
Amend section 511 to read as follows (and conform the table of contents in section 1(b)):
SEC. 511. OIL SHALE CLAIMS.
Section 2511(f) of the Energy Policy Act of 1992 (Public Law 102-486) is amended as follows:
(1) By striking “as prescribed by the Secretary”.
(2) By inserting before the period the following: “in the same manner as required by title II and title III of the Hardrock Mining and Reclamation Act of 2007”.
At the end of section 513, add the following:
(d) Sovereign Immunity of Indian Tribes.--Nothing in this section shall be construed so as to waive the sovereign immunity of any Indian tribe.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
House amendment offered
November 1, 2007
View full timeline
House amendment offered
November 1, 2007
Amendment agreed to Committee of the Whole
November 1, 2007 • 1:11 PM
House amendment agreed to: On agreeing to the Rahall amendment (A001) as modified Agreed to by voice vote.(text as modified: CR H12421)
November 1, 2007 • 1:11 PM
House amendment offered/reported by : Amendment (A001) offered by Mr. Rahall.(consideration: CR H12420-12421; text: CR H12420-12421)
November 1, 2007 • 1:07 PM
Amendment (A001) offered by Mr. Rahall. (consideration: CR H12420-12421; text: CR H12420-12421)
November 1, 2007 • 1:07 PM
Rahall amendment (A001) modified by unanimous consent. Modification was technical in nature.
November 1, 2007 • 1:07 PM
On agreeing to the Rahall amendment (A001) as modified Agreed to by voice vote. (text as modified: CR H12421)
November 1, 2007 • 1:11 PM