[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 336 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 336

 To amend the Stock Raising Homestead Act to resolve certain problems 
         regarding subsurface estates, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 4 (legislative day, January 5), 1993

 Mr. Bingaman introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 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. 299), 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 persons 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 no 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).

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