[Congressional Record Volume 165, Number 102 (Tuesday, June 18, 2019)]
[Senate]
[Pages S3693-S3694]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 679. Mr. UDALL submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 10__. ROYALTIES FOR MINING; ABANDONED MINE RECLAMATION 
                   FEES; LIMITATION ON PATENTS.

       (a) In General.--Production of all locatable minerals, 
     including any minerals identified by the Secretary of 
     Commerce or the Secretary of the Interior as critical 
     minerals, from any mining claim located under the general 
     mining laws shall be subject to a royalty established by the 
     Secretary of the Interior by regulation of not less than 5 
     percent, and not more than 8 percent, of the gross income 
     from mining for production of all locatable minerals.
       (b) Abandoned Mine Land Reclamation Fee.--Each operator of 
     a hardrock minerals mining operation shall pay to the 
     Secretary of the Interior a reclamation fee in an amount 
     established by the Secretary of the Interior by regulation of 
     not less than 1 percent, and not more than 3 percent, of the 
     value of the production from the hardrock minerals mining 
     operation for each calendar year.
       (c) Limitation on Patents.--
       (1) Determinations required.--No patent shall be issued by 
     the United States for any mining claim, millsite, or tunnel 
     site located under the general mining laws unless the 
     Secretary of the Interior determines that--
       (A) a patent application was filed with the Secretary of 
     the Interior with respect to the claim not later than 
     September 30, 1994; and
       (B) all requirements applicable to the patent application 
     under law were fully complied with by the date described in 
     subparagraph (A).
       (2) Right to patent.--
       (A) In general.--Subject to subparagraph (B) and 
     notwithstanding paragraph (3), if the

[[Page S3694]]

     Secretary of the Interior makes the determinations under 
     subparagraphs (A) and (B) of paragraph (1) with respect to a 
     mining claim, millsite, or tunnel site, the claim holder 
     shall be entitled to the issuance of a patent in the same 
     manner and degree to which the claim holder would have been 
     entitled to a patent before the date of enactment of this 
     Act.
       (B) Withdrawal.--The claim holder shall not be entitled to 
     the issuance of a patent if the determinations under 
     subparagraphs (A) and (B) of paragraph (1) are withdrawn or 
     invalidated by the Secretary of the Interior or, on review, 
     by a court of the United States.
       (3) Repeal.--Section 2325 of the Revised Statutes (30 
     U.S.C. 29) is repealed.
                                 ______