[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 239 Enrolled Bill (ENR)]
H.R.239
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To amend the Stock Raising Homestead Act to resolve certain problems
regarding
subsurface estates, 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. MINING CLAIMS ON STOCK RAISING HOMESTEAD ACT LANDS.
(a) Mineral Entry Under the Stock Raising Homestead Act.--Section 9
of the Act of December 29, 1916, entitled ``An Act to provide for stock-
raising homesteads, and for other purposes'' (43 U.S.C. 29), is amended
by adding the following at the end thereof:
``(b) Exploration; Location of Mining Claims; Notices.--
``(1) In general.--(A) Notwithstanding subsection (a) and any
other provision of law to the contrary, after the effective date of
this subsection no person other than the surface owner may enter
lands subject to this Act to explore for, or to locate, a mining
claim on such lands without--
``(i) filing a notice of intention to locate a mining claim
pursuant to paragraph (2); and
``(ii) providing notice to the surface owner pursuant to
paragraph (3).
``(B) Any person who has complied with the requirements referred
to in subparagraph (A) may, during the authorized exploration
period, in order to locate a mining claim, enter lands subject to
this Act to undertake mineral activities related to exploration that
cause no more than a minimal disturbance of surface resources and do
not involve the use of mechanized earthmoving equipment, explosives,
the construction of roads, drill pads, or the use of toxic or
hazardous materials.
``(C) The authorized exploration period referred to in
subparagraph (B) shall begin 30 days after notice is provided under
paragraph (3) with respect to lands subject to such notice and shall
end with the expiration of the 90-day period referred to in
paragraph (2)(A) or any extension provided under paragraph (2).
``(2) Notice of intention to locate a mining claim.--Any person
seeking to locate a mining claim on lands subject to this Act in
order to engage in the mineral activities relating to exploration
referred to under paragraph (1)(B) shall file with the Secretary of
the Interior a notice of intention to locate a claim on the lands
concerned. The notice shall be in such form as the Secretary shall
prescribe. The notice shall contain the name and mailing address of
the person filing the notice and a legal description of the lands to
which the notice applies. The legal description shall be based on
the public land survey or on such other description as is sufficient
to permit the Secretary to record the notice on the land status
records of the Secretary. Whenever any person has filed a notice
under this paragraph with respect to any lands, during the 90-day
period following the date of such filing, or any extension thereof
pursuant to this paragraph, no other person (including the surface
owner) may--
``(A) file such a notice with respect to any portions of
such lands;
``(B) explore for minerals or locate a mining claim on any
portion of such lands; or
``(C) file an application to acquire any interest in any
portion of such lands pursuant to section 209 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1719).
If, within such 90-day period, the person who filed a notice under
this paragraph files a plan of operations with the Secretary
pursuant to subsection (f), such 90-day period shall be extended
until the approval or disapproval of the plan by the Secretary
pursuant to subsection (f).
``(3) Notice to surface owner.--Any person who has filed a
notice of intention to locate a mining claim under paragraph (2) for
any lands subject to this Act shall provide written notice of such
filing, by registered or certified mail with return receipt, to the
surface owner (as evidenced by local tax records) of the lands
covered by the notice under paragraph (2). The notice shall be
provided at least 30 days before entering such lands and shall
contain each of the following:
``(A) A brief description of the proposed mineral
activities.
``(B) A map and legal description of the lands to be subject
to mineral exploration.
``(C) The name, address and phone number of the person
managing such activities.
``(D) A statement of the dates on which such activities will
take place.
``(4) Acreage limitations.--The total acreage covered at any
time by notices of intention to locate a mining claim under
paragraph (2) filed by any person and by affiliates of such person
may not exceed 6,400 acres of lands subject to this Act in any one
State and 1,280 acres of such lands for a single surface owner. For
purposes of this paragraph, the term `affiliate' means, with respect
to any person, any other person which controls, is controlled by, or
is under common control with, such person.
``(c) Consent.--Notwithstanding subsection (a) and any other
provision of law, after the effective date of this subsection no person
may engage in the conduct of mineral activities (other than those
relating to exploration referred to in subsection (b)(1)B)) on a mining
claim located on lands subject to this Act without the written consent
of the surface owner thereof unless the Secretary has authorized the
conduct of such activities under subsection (d).
``(d) Authorized Mineral Activities.--The Secretary shall authorize
a person to conduct mineral activities (other than those relating to
exploration referred to in subsection (b)(1)(B)) on lands subject to
this Act without the consent of the surface owner thereof if such person
complies with the requirements of subsections (e) and (f).
``(e) Bond.--(1) Before the Secretary may authorize any person to
conduct mineral activities the Secretary shall require such person to
post a bond or other financial guarantee in an amount to insure the
completion of reclamation pursuant to this Act. Such bond or other
financial guarantee shall ensure--
``(A) payment to the surface owner, after the completion of such
mineral activities and reclamation, compensation for any permanent
damages to crops and tangible improvements of the surface owner that
resulted from mineral activities; and
``(B) payment to the surface owner of compensation for any
permanent loss of income of the surface owner due to loss or
impairment of grazing, or other uses of the land by the surface
owner to the extent that reclamation required by the plan of
operations would not permit such uses to continue at the level
existing prior to the commencement of mineral activities.
``(2) In determining the bond amount to cover permanent loss of
income under paragraph (1)(B), the Secretary shall consider, where
appropriate, the potential loss of value due to the estimated permanent
reduction in utilization of the land.
``(f) Plan or Operations.--(1) Before the Secretary may authorize
any person to conduct mineral activities on lands subject to this Act,
the Secretary shall require such person to submit a plan of operations.
Such plan shall include procedures for--
``(A) the minimization of damages to crops and tangible
improvements of the surface owner;
``(B) the minimization of disruption to grazing or other uses of
the land by the surface owner; and
``(C) payment of a fee for the use of surface during mineral
activities equivalent to the loss of income to the ranch operation
as established pursuant to subsection (g).
``(2) The Secretary shall provide a copy of the proposed plan of
operations to the surface owner at least 45 days prior to the date the
Secretary makes a determination as to whether such plan complies with
the requirements of this subsection. During such 45-day period the
surface owner may submit comments and recommend modifications to the
proposed plan of operations to the Secretary.
``(3)(A) The Secretary shall, within 60 days of receipt of the plan,
approve the plan of operations if it complies with the requirements of
this Act, including each of the following:
``(i) The proposed plan of operations is complete and accurate.
``(ii) The person submitting the proposed plan of operations has
demonstrated that all other applicable Federal and State
requirements have been met.
``(B) The Secretary shall notify the person submitting a plan of
operations of any modifications to such plan required to bring it into
compliance with the requirements of this Act. If the person submitting
the plan agrees to modify such plan in a manner acceptable to the
Secretary, the Secretary shall approve the plan as modified. In the
event no agreement can be reached on the modifications to the plan
which, in the opinion of the Secretary, will bring such plan into
compliance with the requirements of this Act, then the Secretary shall
disapprove the plan and notify both the surface owner and the person
submitting the plan of the decision.
``(C) The 60-day period referred to in subparagraph (A) may be
extended by the Secretary where additional time is required to comply
with other applicable requirements of law.
``(D) The Secretary shall suspend or revoke a plan of operation
whenever the Secretary determines, on the Secretary's own motion or on a
motion made by the surface owner, that the person conducting mineral
activities is in substantial noncompliance with the terms and conditions
of an approved plan of operations and has failed to remedy a violation
after notice from the Secretary within the time required by the
Secretary.
``(4) Final approval of a plan of operations under this subsection
shall be conditioned upon compliance with subsections (e) and (g).
``(g) Fee.--The fee referred to in subsection (f)(1) shall be--
``(1) paid to the surface owner by the person submitting the
plan of operations;
``(2) paid in advance of any mineral activities or at such other
time or times as may be agreed to by the surface owner and the
person conducting such activities; and
``(3) established by the Secretary taking into account the
acreage involved and the degree of potential disruption to existing
surface uses during mineral activities (including the loss of income
to the surface owner and such surface owner's operations due to the
loss or impairment of existing surface uses for the duration of the
mineral activities), except that such fee shall not exceed the fair
market value for the surface of the land.
``(h) Reclamation.--Lands affected by mineral activities under a
plan of operations approved pursuant to subsection (f)(3) shall be
reclaimed, to the maximum extent practicable, to a condition capable of
supporting the uses to which such lands were capable of supporting prior
to surface disturbance. Reclamation shall proceed as contemporaneously
as practicable with the conduct of mineral activities.
``(i) State Law.--(1) Nothing in this Act shall be construed as
affecting any reclamation, bonding, inspection, enforcement, air or
water quality standard or requirement of any State law or regulation
which may be applicable to mineral activities on lands subject to this
Act to the extent that such law or regulation is not inconsistent with
this title.
``(2) Nothing in this Act shall be construed as affecting in any way
the right of any person to enforce or protect, under applicable law, the
interest of such person in water resources affected by mineral
activities.
``(j) Inspections.--Should any surface owner of land subject to this
Act have reason to believe that they are or may be adversely affected by
mineral activities due to any violation of the terms and conditions of a
plan of operations approved under subsection (f), such surface owner may
request an inspection of such lands. The Secretary shall determine
within 10 days of the receipt of the request whether the request states
a reason to believe that a violation exists, except in the event the
surface owner alleges and provides reason to believe that an imminent
danger exists, the 10-day period shall be waived and the inspection
conducted immediately. When an inspection is conducted under this
paragraph, the Secretary shall notify the surface owner and such surface
owner shall be allowed to accompany the inspector on the inspection.
``(k) Damages for Failure To Comply.--(1) Whenever the surface owner
of any land subject to this Act has suffered any permanent damages to
crops or tangible improvements of the surface owner, or any permanent
loss of income due to loss or impairment of grazing, or other uses of
the land by the surface owner, if such damages or loss result from--
``(A) any mineral activity undertaken without the consent of the
surface owner under subsection (c) or an authorization by the
Secretary under subsection (d); or
``(B) the failure of the person conducting mineral activities to
remedy to the satisfaction of the Secretary any substantial
noncompliance with the terms and conditions of a plan under
subsection (f);
the surface owner may bring an action in the appropriate United States
district court for, and the court may award, double damages plus costs
for willful misconduct or gross negligence.
``(2) The surface owner of any land subject to this Act may also
bring an action in the appropriate United States district court for
double damages plus costs for willful misconduct or gross negligence
against any person undertaking any mineral activities on lands subject
to this Act in violation of any requirement of subsection (b).
``(3) Any double damages plus costs awarded by the court under this
subsection shall be reduced by the amount of any compensation which the
surface owner has received (or is eligible to receive) pursuant to the
bond or financial guarantee required under subsection (e).
``(l) Payment of Financial Guarantee.--The surface owner of any land
subject to this Act may petition the Secretary for payment of all or any
portion of a bond or other financial guarantee required under subsection
(e) as compensation for any permanent damages to crops and tangible
improvements of the surface owner, or any permanent loss of income due
to loss or impairment of grazing, or other uses of the land by the
surface owner. Pursuant to such a petition, the Secretary may use such
bond or other guarantee to provide compensation to the surface owner for
such damages and to insure the required reclamation.
``(m) Bond Release.--The Secretary shall release the bond or other
financial guarantee required under subsection (e) upon the successful
completion of all requirements pursuant to a plan of operations approved
under subsection (f).
``(n) Conveyance to Surface Owner.--The Secretary shall take such
actions as may be necessary to simplify the procedures which must be
complied with by surface owners of lands subject to this Act who apply
to the Secretary to obtain title to interests in such lands owned by the
United States.
``(o) Definitions.--For the purposes of subsections (b) through
(n)--
``(1) The term `mineral activities' means any activity for,
related to or incidental to mineral exploration, mining, and
beneficiation activities for any locatable mineral on a mining
claim. When used with respect to this term--
``(A) the term `exploration' means those techniques employed
to locate the presence of a locatable mineral deposit and to
establish its nature, position, size, shape, grade and value;
``(B) the term `mining' means the processes employed for the
extraction of a locatable mineral from the earth; and
``(C) the term `beneficiation' means the crushing and
grinding of locatable mineral ore and such processes are
employed to free the mineral from the other constituents,
including but not necessarily limited to, physical and chemical
separation techniques.
``(2) The term `mining claim' means a claim located under the
general mining laws of the United States (which generally comprise
30 U.S.C. chapters 2, 12A, and 16, and sections 161 and 162) subject
to the terms and conditions of subsections (b) through (p) of this
section.
``(3) The term `tangible improvements' includes agricultural,
residential and commercial improvements, including improvements made
by residential subdividers.
``(p) Minerals Covered.--Subsections (b) through (o) of this section
apply only to minerals not subject to disposition under--
``(1) the Mineral Leasing Act (30 U.S.C. 181 and following);
``(2) the Geothermal Steam Act of 1970 (30 U.S.C. 100 and
following); or
``(3) the Act of July 31, 1947, commonly known as the Materials
Act of 1947 (30 U.S.C. 601 and following).''.
(b) Technical Conforming Amendment.--Section 9 of the Act of
December 29, 1916, entitled ``An Act to provide for stock-raising
homesteads, and for other purposes'' (43 U.S.C. 299) is amended by
inserting ``(a) General Provisions.--'' before the words ``That all
entries made''.
(c) Effective Date.--The amendments made by this Act shall take
effect 180 days after the date of enactment.
(d) Regulations.--The Secretary of the Interior shall issue final
regulations to implement the amendments made by this Act not later than
the effective date of this Act. Failure to promulgate these regulations
by reason of any appeal or judicial review shall not delay the effective
date as specified in paragraph (c).
SEC. 2. REPORT TO CONGRESS ON FOREIGN MINERAL INTEREST.
(a) Report.--The Secretary of the Interior is directed to submit a
report to the Congress within 2 years after the date of enactment of
this Act on the acquisition of mineral interests made after the date of
enactment of this Act by foreign firms on lands subject to the Act of
December 29, 1916, entitled ``An Act to provide for stock-raising
homesteads, and for other purposes'' (43 U.S.C. 299).
(b) Definition.--For purposes of this section, the term ``foreign
firm'' means a business entity that conducts business operations in the
United States and is 51 percent or more owned and controlled by a
foreign person or entity.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.