S. 1281 – Reading Mode

118th CONGRESS

1st Session

S. 1281

IN THE SENATE OF THE UNITED STATES

April 25, 2023

Ms. Cortez Masto (for herself, Mr. Risch, Mr. Crapo, Ms. Sinema, and Ms. Rosen) introduced the following bill; which was read twice and referred to the Committee on Energy and 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.

Short title

This Act may be cited as the Mining Regulatory Clarity Act of 2023.

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 the location fee required by section 10102 and the claim maintenance fee required by subsection (a); or

(ii)

in the case of a claimant who qualifies for a waiver 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 diminishes any right (including a right of entry, use, or occupancy) of a claimant.