H.R.2262 - Hardrock Mining and Reclamation Act of 2007

To modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims, and for other purposes. view all titles (4)

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All Bill Titles

  • Short: Hardrock Mining and Reclamation Act of 2007 as introduced.
  • Official: To modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims, and for other purposes. as introduced.
  • Short: Hardrock Mining and Reclamation Act of 2007 as reported to house.
  • Short: Hardrock Mining and Reclamation Act of 2007 as passed house.

Bill's Views

  • Today: 23
  • Past Seven Days: 148
  • All-Time: 7,130
 
Introduced
 
House
Passed
 
Senate
Passes
 
President
Signs
 

 
05/09/07
 
11/01/07
 
 
 
 
 

Official Bill Text Comment on about 116 Pages

Sponsor

Representative

Nick Rahall

D-WV

View Co-Sponsors (62)
 

Latest Vote

Result: Passed - November 01, 2007

Roll call number 1033 in the House

Question: On Passage: H R 2262 Hardrock Mining and Reclamation Act

Required percentage of 'Aye' votes: 1/2 (50%)
Percentage of 'aye' votes: 56%
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Democrats Voting 'Aye'

Neil Abercrombie
Thomas Allen
Rep. Jason Altmire [D, PA-4]
Rep. Robert Andrews [D, NJ-1]
Michael Arcuri
Rep. Joe Baca [D, CA-43]
Brian Baird
Rep. Tammy Baldwin [D, WI-2]
Rep. John Barrow [D, GA-12]
Melissa Bean
Rep. Xavier Becerra [D, CA-31]
Rep. Howard Berman [D, CA-28]
Robert Berry
Rep. Timothy Bishop [D, NY-1]
Rep. Sanford Bishop [D, GA-2]
Rep. Earl Blumenauer [D, OR-3]
Rep. Leonard Boswell [D, IA-3]
Frederick Boucher
Allen Boyd
Nancy Boyda
Rep. Robert Brady [D, PA-1]
Rep. Bruce Braley [D, IA-1]
Rep. Corrine Brown [D, FL-3]
Rep. Lois Capps [D, CA-23]
Rep. Michael Capuano [D, MA-8]
Rep. Russ Carnahan [D, MO-3]
Christopher Carney
Rep. Kathy Castor [D, FL-11]
Rep. Ben Chandler [D, KY-6]
Rep. Yvette Clarke [D, NY-11]
Rep. William Clay [D, MO-1]
Rep. Emanuel Cleaver [D, MO-5]
Rep. James Clyburn [D, SC-6]
Rep. Steve Cohen [D, TN-9]
Rep. John Conyers [D, MI-14]
Rep. Jim Cooper [D, TN-5]
Rep. Jim Costa [D, CA-20]
Rep. Jerry Costello [D, IL-12]
Rep. Joe Courtney [D, CT-2]
Robert Cramer
Rep. Joseph Crowley [D, NY-7]
Rep. Henry Cuellar [D, TX-28]
Rep. Elijah Cummings [D, MD-7]
Lincoln Davis
Rep. Danny Davis [D, IL-7]
Rep. Susan Davis [D, CA-53]
Artur Davis
Rep. Peter DeFazio [D, OR-4]
Rep. Diana DeGette [D, CO-1]
William Delahunt
Rep. Rosa DeLauro [D, CT-3]
Rep. Norman Dicks [D, WA-6]
Rep. John Dingell [D, MI-15]
Rep. Lloyd Doggett [D, TX-25]
Rep. Joe Donnelly [D, IN-2]
Rep. Michael Doyle [D, PA-14]
Thomas Edwards
Rep. Keith Ellison [D, MN-5]
Brad Ellsworth
Rahm Emanuel
Rep. Eliot Engel [D, NY-17]
Rep. Anna Eshoo [D, CA-14]
Bob Etheridge
Rep. Sam Farr [D, CA-17]
Rep. Chaka Fattah [D, PA-2]
Rep. Bob Filner [D, CA-51]
Rep. Gabrielle Giffords [D, AZ-8]
Sen. Kirsten Gillibrand [D, NY]
Rep. Charles Gonzalez [D, TX-20]
Barton Gordon
Rep. Raymond Green [D, TX-29]
Rep. Al Green [D, TX-9]
Rep. Raul Grijalva [D, AZ-7]
Rep. Luis Gutiérrez [D, IL-4]
John Hall
Phil Hare
Rep. Jane Harman [D, CA-36]
Rep. Alcee Hastings [D, FL-23]
Rep. Brian Higgins [D, NY-27]
Baron Hill
Rep. Maurice Hinchey [D, NY-22]
Rep. Rubén Hinojosa [D, TX-15]
Rep. Mazie Hirono [D, HI-2]
Paul Hodes
Rep. Tim Holden [D, PA-17]
Rep. Rush Holt [D, NJ-12]
Rep. Michael Honda [D, CA-15]
Darlene Hooley
Rep. Steny Hoyer [D, MD-5]
Rep. Jay Inslee [D, WA-1]
Rep. Steve Israel [D, NY-2]
Rep. Jesse Jackson [D, IL-2]
Rep. Sheila Jackson-Lee [D, TX-18]
William Jefferson
Rep. Henry Johnson [D, GA-4]
Rep. Eddie Johnson [D, TX-30]
Stephanie Jones
Steve Kagen
Paul Kanjorski
Patrick Kennedy
Rep. Dale Kildee [D, MI-5]
Carolyn Kilpatrick
Rep. Ronald Kind [D, WI-3]
Ron Klein
Rep. Dennis Kucinich [D, OH-10]
Nicholas Lampson
Rep. James Langevin [D, RI-2]
Tom Lantos
Rep. Rick Larsen [D, WA-2]
Rep. John Larson [D, CT-1]
Rep. Barbara Lee [D, CA-9]
Rep. Sander Levin [D, MI-12]
Rep. John Lewis [D, GA-5]
Rep. Daniel Lipinski [D, IL-3]
Rep. David Loebsack [D, IA-2]
Rep. Zoe Lofgren [D, CA-16]
Rep. Nita Lowey [D, NY-18]
Rep. Stephen Lynch [D, MA-9]
Tim Mahoney
Rep. Carolyn Maloney [D, NY-14]
Rep. Edward Markey [D, MA-7]
James Marshall
Rep. Jim Matheson [D, UT-2]
Rep. Doris Matsui [D, CA-5]
Rep. Carolyn McCarthy [D, NY-4]
Rep. Betty McCollum [D, MN-4]
Rep. James McDermott [D, WA-7]
Rep. James McGovern [D, MA-3]
Rep. Mike McIntyre [D, NC-7]
Rep. Jerry McNerney [D, CA-11]
Kendrick Meek
Rep. Gregory Meeks [D, NY-6]
Charles Melancon
Rep. Michael Michaud [D, ME-2]
Rep. Bradley Miller [D, NC-13]
Rep. George Miller [D, CA-7]
Harry Mitchell
Alan Mollohan
Dennis Moore
Rep. Gwen Moore [D, WI-4]
Rep. James Moran [D, VA-8]
Patrick Murphy
Rep. Christopher Murphy [D, CT-5]
John Murtha
Rep. Jerrold Nadler [D, NY-8]
Rep. Grace Napolitano [D, CA-38]
Rep. Richard Neal [D, MA-2]
James Oberstar
David Obey
Rep. John Olver [D, MA-1]
Solomon Ortiz
Rep. Frank Pallone [D, NJ-6]
Rep. William Pascrell [D, NJ-8]
Rep. Edward Pastor [D, AZ-4]
Rep. Donald Payne [D, NJ-10]
Rep. Ed Perlmutter [D, CO-7]
Rep. Collin Peterson [D, MN-7]
Earl Pomeroy
Rep. David Price [D, NC-4]
Rep. Nick Rahall [D, WV-3]
Rep. Charles Rangel [D, NY-15]
Rep. Silvestre Reyes [D, TX-16]
Rep. Laura Richardson [D, CA-37]
Ciro Rodriguez
Rep. Mike Ross [D, AR-4]
Rep. Steven Rothman [D, NJ-9]
Rep. Lucille Roybal-Allard [D, CA-34]
Rep. Dutch Ruppersberger [D, MD-2]
Rep. Bobby Rush [D, IL-1]
Rep. Timothy Ryan [D, OH-17]
John Salazar
Rep. Loretta Sanchez [D, CA-47]
Rep. Linda Sánchez [D, CA-39]
Rep. John Sarbanes [D, MD-3]
Rep. Janice Schakowsky [D, IL-9]
Rep. Adam Schiff [D, CA-29]
Rep. Allyson Schwartz [D, PA-13]
Rep. David Scott [D, GA-13]
Rep. Robert Scott [D, VA-3]
Rep. José Serrano [D, NY-16]
Joe Sestak
Carol Shea-Porter
Rep. Brad Sherman [D, CA-27]
Rep. Albio Sires [D, NJ-13]
Ike Skelton
Rep. Louise Slaughter [D, NY-28]
Rep. Adam Smith [D, WA-9]
Victor Snyder
Hilda Solis
Zachary Space
John Spratt
Rep. Fortney Stark [D, CA-13]
Bart Stupak
Rep. Betty Sutton [D, OH-13]
John Tanner
Ellen Tauscher
Gene Taylor
Rep. Bennie Thompson [D, MS-2]
Rep. Michael Thompson [D, CA-1]
Rep. John Tierney [D, MA-6]
Rep. Edolphus Towns [D, NY-10]
Rep. Niki Tsongas [D, MA-5]
Sen. Tom Udall [D, NM]
Sen. Mark Udall [D, CO]
Rep. Christopher Van Hollen [D, MD-8]
Rep. Nydia Velázquez [D, NY-12]
Rep. Peter Visclosky [D, IN-1]
Rep. Timothy Walz [D, MN-1]
Rep. Debbie Wasserman Schultz [D, FL-20]
Rep. Maxine Waters [D, CA-35]
Diane Watson
Rep. Melvin Watt [D, NC-12]
Rep. Henry Waxman [D, CA-30]
Rep. Anthony Weiner [D, NY-9]
Rep. Peter Welch [D, VT-0]
Robert Wexler
Rep. Lynn Woolsey [D, CA-6]
Rep. David Wu [D, OR-1]
Albert Wynn
Rep. John Yarmuth [D, KY-3]
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Others Voting 'Aye'

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Others Voting 'Abstain'

 

Official Summary

11/1/2007--Passed House amended. Hardrock Mining and Reclamation Act of 2007 - (Sec. 3) States this Act applies to any mining claim, millsite claim, or tunnel site claim: (1) located under the general mining laws before, on, or after the date of enactment of this Act; or (2) used for benef
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Official Summary

11/1/2007--Passed House amended. Hardrock Mining and Reclamation Act of 2007 -

(Sec. 3)

States this Act applies to any mining claim, millsite claim, or tunnel site claim:
(1) located under the general mining laws before, on, or after the date of enactment of this Act; or
(2) used for beneficiation or mineral processing activities, regardless of whether legal and beneficial title to the mineral is held by the United States. Title I: Mineral Exploration and Development -

(Sec. 101)

Conditions federal issuance of a patent for any mining or millsite claim located under the general mining laws upon specified determinations by the Secretary of the Interior.

(Sec. 102)

Subjects production of locatable minerals, including mineral concentrates or products derived from such minerals, to a royalty of 8% of the gross income from mining. Imposes a 4% royalty upon federal lands subject to an existing permit. Subjects to specified royalties certain federal land added to an existing operations permit. Sets forth royalty payment requirements governing claim holders, operators, and transporters. Makes each person liable for royalty payments under this Act jointly and severally liable for royalty on all locatable minerals, concentrates, or derived products lost or wasted from a mining claim maintained in compliance with this Act when such loss or waste is due to negligence on the part of any person or due to the failure to comply with any rule, regulation, or order issued under this Act. Establishes a civil penalty for failure to comply with royalty requirements.

(Sec. 103)

Sets forth a hardrock mining claim maintenance fee for each unpatented mining claim, mill, or tunnel site on federally owned lands, whether located before, on, or after enactment of this Act. Requires waiver of such fee for a claimant who certifies in writing that on the payment due date the claimant and all related parties held not more than 10 mining claims, mill sites, or tunnel sites, or any combination of them on public lands, and had performed requisite assessment work. States that nonpayment of the claim maintenance fee constitutes a forfeiture of the unpatented mining claim, mill, or tunnel site.

(Sec. 104)

States that timely payment of the claim maintenance fee asserts claimant's authority to use and occupy the federal land concerned for prospecting and exploration. Title II: Protection of Special Places -

(Sec. 201)

States that mining claims may be located under the general mining laws only on such lands and interests as were open to location immediately before enactment of this Act. Designates the following lands as not open to location of mining claims under the general mining laws on or after the date of enactment of this Act:
(1) wilderness study areas;
(2) areas of critical environmental concern;
(3) areas designated for inclusion in the National Wild and Scenic Rivers System (including areas designated for potential addition, or eligible for inclusion in such system); and
(4) any area identified in certain inventoried roadless areas maps contained in the Forest Service Roadless Area Conservation Final Environmental Impact Statement.

(Sec. 202)

Permits a state, political subdivision, or Indian tribe to petition the Secretary for withdrawal of specific federal land from operation of the general mining laws in order to protect specific values that are important to such entities. Title III: Environmental Considerations of Mineral Exploration and Development -

(Sec. 301)

Instructs the Secretary to ensure that mineral activities on federal land subject to a mining claim, millsite claim, or tunnel site claim are carefully controlled to prevent undue degradation of public lands and resources. Prohibits the Secretary from granting permission to engage in mineral activities if the Secretary publishes a determination in the Federal Register that undue degradation would result.

(Sec. 302)

Prohibits mineral activities on federal land that may cause a disturbance of surface resources unless the claim and permit were issued in compliance with this Act.

(Sec. 303)

Sets forth requirements for the exploration permit process and for operations permits.

(Sec. 305)

Prohibits the issuance or transfer of permits if the underlying claim is in violation of this Act unless corrective action has been taken according to specified requirements. Prohibits any permit issuance if there is a pattern of willful violations of its environmental protection requirements by the applicant, an affiliate, or the operator or claim holder if different from the applicant.

(Sec. 306)

Sets forth requirements for financial assurance as a prerequisite to a permit. Requires such financial assurance to include the estimated cost of maintaining effluent treatment to meet effluent limitations and water quality standards after cessation of mineral activities.

(Sec. 307)

Requires restoration of lands under this Act to a condition capable of supporting:
(1) the uses they were capable of supporting prior to surface disturbance; or
(2) other beneficial uses which conform to applicable land use plans as determined by the Secretaries. Sets forth operation and reclamation standards. Instructs the Secretary of the Interior to work with state and local governments to ensure that surface or groundwater withdrawals as a result of mining activities do not cause undue degradation.

(Sec. 308)

Declares that state law or regulations which exceed the requirements of this Act shall not construed to be inconsistent with such requirements. States that an understanding before the enactment of this Act between the Secretary concerned and any state or political subdivision regarding mineral activities on lands subject to this Act may only continue in force until one year after the date of enactment of this Act.

(Sec. 309)

Prohibits issuance of a permit authorizing mineral activities that would impair the land or resources of the National Park System or a National Monument. Title IV: Mining Mitigation - Subtitle A: Locatable Minerals Fund -

(Sec. 401)

Establishes the Locatable Minerals Fund (Fund) composed of:
(1) penalties, fees and royalties;
(2) the Hardrock Reclamation Account, and
(3) the Hardrock Community Impact Assistance Account. Subtitle B: Use of Hardrock Reclamation Account -

(Sec. 411)

Authorizes the Secretary to use moneys in the Hardrock Reclamation Account for the reclamation and restoration of land and water resources adversely affected by past mineral activities on certain federal lands, including habitat reclamation and restoration. Prescribes requirements for allocation among certain states of 50% of the amounts deposited into such Account. Subtitle C: Use of Hardrock Community Impact Assistance Account -

(Sec. 421)

Makes the Hardrock Community Impact Assistance Account available to provide assistance for the planning, construction, and maintenance of public facilities and the provision of public services to states, political subdivisions, and Indian tribes socially or economically impacted by mineral activities conducted under the general mining laws.

(Sec. 422)

Prescribes allocation of funds from such Account. Title V: Administrative and Miscellaneous Provisions - Subtitle A: Administrative Provisions -

(Sec. 501)

Amends the Mining and Minerals Policy Act of 1970 to declare that it is federal mining and minerals policy to ensure that mineral extraction and processing not cause undue degradation of the natural and cultural resources of the public lands. Confers responsibility upon the Secretary of Agriculture to implement certain policy provisions of such Act. Amends the National Materials and Minerals Policy, Research and Development Act of 1980 to direct the Secretary of Agriculture to promptly initiate actions to improve the availability and analysis of mineral data in public land use decision making with respect to National Forest System lands.

(Sec. 502)

Authorizes the Secretaries to:
(1) collect users fees; and
(2) make inspections and monitor mineral activities.

(Sec. 504)

Authorizes citizens suits to compel compliance with this Act.

(Sec. 505)

Sets forth procedures for:
(1) administrative and judicial review; and
(2) enforcement, including penalties, suspensions and revocations. any person who holds a limited patent or maintains a claim pursuant to this section shall be required to carry out reclamation as prescribed Subtitle B: Miscellaneous Provisions -

(Sec. 511)

Amends the Energy Policy Act of 1992 to subject certain oil shale claims to the reclamation requirements of titles II and III of this Act.

(Sec. 517)

Repeals:
(1) the Building Stone Act; and
(2) the Saline Placer Act.


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Recent News Coverage

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02/08/08
Uranium mining

The House has already done its part by passing the Hardrock Mining and Reclamation Act of 2007, HR 2262. Now it's time for Sens. Jim Webb and John Warner to ...

Source: Daily Press, VA
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02/01/08
Senators should support hardrock mining bill

The House has already done its part by passing the Hardrock Mining and Reclamation Act of 2007 (HR 2262). This legislation is a great step forward in ...

Source: Nashua Telegraph, NH
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01/30/08
Common-sense mining reform protects nature, consumers

The US House of Representatives approved a comprehensive bill late last year, and not a moment too soon. The Hardrock Mining and Reclamation Act, HR 2262, ...

Source: Seattle Times, United States
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06/20/11
H.R.2262: Unemployment Assistance Act of 2011 ... - OpenCongress

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05/07/10
April Sound Bite - Amplify

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