[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4864 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4864

To provide for the location of multiple hardrock mining mill sites, to 
  establish the Abandoned Hardrock Mine Fund, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2024

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

_______________________________________________________________________

                                 A BILL


 
To provide for the location of multiple hardrock mining mill sites, to 
  establish the Abandoned Hardrock Mine Fund, 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 Reform Clarity Act''.

SEC. 2. HARDROCK MINING MILL SITES.

    (a) Multiple Mill Sites.--Section 2337 of the Revised Statutes (30 
U.S.C. 42) is amended by adding at the end the following:
    ``(c) Additional Mill Sites.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Mill site.--The term `mill site' means a 
                location of public land that is reasonably necessary 
                for waste rock or tailings disposal or other operations 
                reasonably incident to mineral development on, or 
                production from land included in a plan of operations.
                    ``(B) Operations; operator.--The terms `operations' 
                and `operator' have the meanings given those terms in 
                section 3809.5 of title 43, Code of Federal Regulations 
                (as in effect on the date of enactment of this 
                subsection).
                    ``(C) Plan of operations.--The term `plan of 
                operations' means a plan of operations that an operator 
                must submit and the Secretary of the Interior or the 
                Secretary of Agriculture, as applicable, must approve 
                before an operator may begin operations, in accordance 
                with, as applicable--
                            ``(i) subpart 3809 of title 43, Code of 
                        Federal Regulations (or successor regulations 
                        establishing application and approval 
                        requirements); and
                            ``(ii) part 228 of title 36, Code of 
                        Federal Regulations (or successor regulations 
                        establishing application and approval 
                        requirements).
                    ``(D) Public land.--The term `public land' means 
                land owned by the United States that is open to 
                location under sections 2319 through 2344 of the 
                Revised Statutes (30 U.S.C. 22 et seq.), including--
                            ``(i) land that is mineral-in-character (as 
                        defined in section 3830.5 of title 43, Code of 
                        Federal Regulations (as in effect on the date 
                        of enactment of this subsection));
                            ``(ii) nonmineral land (as defined in 
                        section 3830.5 of title 43, Code of Federal 
                        Regulations (as in effect on the date of 
                        enactment of this subsection)); and
                            ``(iii) land where the mineral character 
                        has not been determined.
            ``(2) In general.--Notwithstanding subsections (a) and (b), 
        where public land is needed by the proprietor of a lode or 
        placer claim for operations in connection with any lode or 
        placer claim within the proposed plan of operations, the 
        proprietor may--
                    ``(A) locate and include within the plan of 
                operations as many mill site claims under this 
                subsection as are reasonably necessary for its 
                operations; and
                    ``(B) use or occupy public land in accordance with 
                an approved plan of operations.
            ``(3) Mill sites convey no mineral rights.--A mill site 
        under this subsection does not convey mineral rights to the 
        locator.
            ``(4) Size of mill sites.--A location of a single mill site 
        under this subsection shall not exceed 5 acres.
            ``(5) Mill site and lode or placer claims on same tracts of 
        public land.--A mill site may be located under this subsection 
        on a tract of public land on which the claimant or operator 
        maintains a previously located lode or placer claim.
            ``(6) Effect on mining claims.--The location of a mill site 
        under this subsection shall not affect the validity of any lode 
        or placer claim, or any rights associated with such a claim.
            ``(7) Patenting.--A mill site under this section shall not 
        be eligible for patenting.
            ``(8) Savings provisions.--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 land that is not open to location under the 
                general mining laws;
                    ``(C) modifies any provision of law or any prior 
                administrative action withdrawing land 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;
                            ``(v) the Endangered Species Act of 1973 
                        (16 U.S.C. 1531 et seq.);
                            ``(vi) division A of subtitle III of title 
                        54, United States Code (commonly referred to as 
                        the `National Historic Preservation Act'); or
                            ``(vii) section 4 of the Act of July 23, 
                        1955 (commonly known as the `Surface Resources 
                        Act of 1955') (69 Stat. 368, chapter 375; 30 
                        U.S.C. 612);
                    ``(E) restores any right (including a right of 
                entry, use, or occupancy, or right to conduct 
                operations) of a claimant that--
                            ``(i) existed prior to the date on which 
                        the land was closed to, or withdrawn from, 
                        location under the general mining laws; and
                            ``(ii) that has been extinguished by such 
                        closure or withdrawal; or
                    ``(F) modifies section 404 of division E of the 
                Consolidated Appropriations Act, 2024 (Public Law 118-
                42).''.
    (b) Abandoned Hardrock Mine Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a separate account, to be known as the 
        ``Abandoned Hardrock Mine Fund'' (referred to in this 
        subsection as the ``Fund'').
            (2) Source of deposits.--Any amounts collected by the 
        Secretary of the Interior pursuant to the claim maintenance fee 
        under section 10101(a)(1) of the Omnibus Budget Reconciliation 
        Act of 1993 (30 U.S.C. 28f(a)(1)) on mill sites located under 
        subsection (c) of section 2337 of the Revised Statutes (30 
        U.S.C. 42) shall be deposited into the Fund.
            (3) Use.--The Secretary of the Interior may make 
        expenditures from amounts available in the Fund, without 
        further appropriations, only to carry out section 40704 of the 
        Infrastructure Investment and Jobs Act (30 U.S.C. 1245).
            (4) Allocation of funds.--Amounts made available under 
        paragraph (3)--
                    (A) shall be allocated in accordance with section 
                40704(e)(1) of the Infrastructure Investment and Jobs 
                Act (30 U.S.C. 1245(e)(1)); and
                    (B) may be transferred in accordance with section 
                40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)).
    (c) Clerical Amendments.--Section 10101 of the Omnibus Budget 
Reconciliation Act of 1993 (30 U.S.C. 28f) is amended--
            (1) by striking ``the Mining Law of 1872 (30 U.S.C. 28-
        28e)'' each place it appears and inserting ``sections 2319 
        through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.)'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in the second sentence, by striking 
                        ``Such claim maintenance fee'' and inserting 
                        the following:
                    ``(B) Fee.--The claim maintenance fee under 
                subparagraph (A)''; and
                            (ii) in the first sentence, by striking 
                        ``The holder of'' and inserting the following:
                    ``(A) In general.--The holder of''; and
                    (B) in paragraph (2)--
                            (i) in the second sentence, by striking 
                        ``Such claim maintenance fee'' and inserting 
                        the following:
                    ``(B) Fee.--The claim maintenance fee under 
                subparagraph (A)''; and
                            (ii) in the first sentence, by striking 
                        ``The holder of'' and inserting the following:
                    ``(A) In general.--The holder of''; and
            (3) in subsection (b)--
                    (A) in the second sentence, by striking ``The 
                location fee'' and inserting the following:
            ``(2) Fee.--The location fee''; and
                    (B) in the first sentence, by striking ``The claim 
                main tenance fee'' and inserting the following:
            ``(1) In general.--The claim maintenance fee''.
                                 <all>