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House Bill 2925
118th Congress(2023-2024)
Mining Regulatory Clarity Act of 2024
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Passed House on May 8, 2024
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H. R. 2925 (Introduced-in-House)


118th CONGRESS
1st Session
H. R. 2925


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.

IN THE HOUSE OF REPRESENTATIVES

April 27, 2023

Mr. Amodei (for himself and Mrs. Peltola) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

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 2023”.

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, occupy, and 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 may be construed to diminish any right (including a right of entry, use, or occupancy) of a claimant.”.