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 and occupy to conduct operations on public land, with or without the discovery of a valuable mineral deposit, if— (i)the claimant makes a timely payment of— (I) the location fee required by section 10102; and (II) the claim maintenance fee required by subsection (a); or (ii) in the case of a claimant who qualifies for a waiver of the claim maintenance fee 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— (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 lands that are not open to location under the general mining laws; (C)modifies any provision of law or any prior administrative action withdrawing lands 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 (commonly referred to as the ‘Mining in the Parks Act’); (v) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (vi) division A of subtitle III of title 54, United States Code (commonly referred to as the ‘National Historic Preservation Act’)); or (E) restores any right (including a right of entry, use, or occupancy, or right to conduct operations) of a claimant that existed prior to the date that the lands were closed to or withdrawn from location under the general mining laws and that has been extinguished by such closure or withdrawal.