[Congressional Record Volume 170, Number 125 (Wednesday, July 31, 2024)]
[Senate]
[Page S5712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3213. Ms. CORTEZ MASTO (for herself and Mr. Risch) submitted an 
amendment intended to be proposed by her to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 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. 1095. 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''.
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