[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Page S3380]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6197. Ms. CORTEZ MASTO (for herself and Mr. Risch) submitted an
amendment intended to be proposed by her to the bill S. 4784, to
authorize appropriations for fiscal year 2027 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 G of title X, add the following:
SEC. 1094. 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--
(I) by striking ``the Mining Law of 1872 (30 U.S.C. 28 to
28e)'' and inserting ``sections 2319 through 2344 of the
Revised Statutes (30 U.S.C. 22 et seq.)''; and
(II) 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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