[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2925 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 2925


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2024

    Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mining Regulatory Clarity Act of 
2024''.

SEC. 2. 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.''.

            Passed the House of Representatives May 8, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.