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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.

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 more...iciation 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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Sponsor

• Rep. Nick Rahall [D, WV-3]
• and 62 Co-Sponsors
  • Rep. Thomas Allen [D, ME-1]
  • Rep. Brian Baird [D, WA-3]
  • Rep. Howard Berman [D, CA-28]
  • Rep. Earl Blumenauer [D, OR-3]
  • Rep. Corrine Brown [D, FL-3]
  • Rep. Lois Capps [D, CA-23]
  • Rep. Ben Chandler [D, KY-6]
  • Rep. Donna Christensen [D, VI-0]
  • Rep. Jim Costa [D, CA-20]
  • Rep. Joe Courtney [D, CT-2]
  • Rep. Diana DeGette [D, CO-1]
  • Rep. Anna Eshoo [D, CA-14]
  • Rep. Bob Filner [D, CA-51]
  • Rep. Barney Frank [D, MA-4]
  • Rep. Wayne Gilchrest [R, MD-1]
  • Rep. Charles Gonzalez [D, TX-20]
  • Rep. Barton Gordon [D, TN-6]
  • Rep. Raul Grijalva [D, AZ-7]
  • Rep. Luis Gutierrez [D, IL-4]
  • Rep. Alcee Hastings [D, FL-23]
  • Rep. Maurice Hinchey [D, NY-22]
  • Rep. Paul Hodes [D, NH-2]
  • Rep. Michael Honda [D, CA-15]
  • Rep. Jay Inslee [D, WA-1]
  • Rep. Jesse Jackson [D, IL-2]
  • Rep. Sheila Jackson-Lee [D, TX-18]
  • Rep. Henry Johnson [D, GA-4]
  • Rep. Patrick Kennedy [D, RI-1]
  • Rep. Dale Kildee [D, MI-5]
  • Rep. Carolyn Kilpatrick [D, MI-13]
  • Rep. Ronald Kind [D, WI-3]
  • Rep. Dennis Kucinich [D, OH-10]
  • Rep. Sander Levin [D, MI-12]
  • Rep. John Lewis [D, GA-5]
  • Rep. Zoe Lofgren [D, CA-16]
  • Rep. Carolyn Maloney [D, NY-14]
  • Rep. Edward Markey [D, MA-7]
  • Rep. Doris Matsui [D, CA-5]
  • Rep. Betty McCollum [D, MN-4]
  • Rep. James McDermott [D, WA-7]
  • Rep. James McGovern [D, MA-3]
  • Rep. Michael McNulty [D, NY-21]
  • Rep. George Miller [D, CA-7]
  • Rep. James Moran [D, VA-8]
  • Rep. Frank Pallone [D, NJ-6]
  • Rep. Ed Perlmutter [D, CO-7]
  • Rep. Steven Rothman [D, NJ-9]
  • Rep. John Salazar [D, CO-3]
  • Rep. Loretta Sanchez [D, CA-47]
  • Rep. Adam Schiff [D, CA-29]
  • Rep. José Serrano [D, NY-16]
  • Rep. Christopher Shays [R, CT-4]
  • Rep. Carol Shea-Porter [D, NH-1]
  • Rep. Albio Sires [D, NJ-13]
  • Rep. Hilda Solis [D, CA-32]
  • Rep. Fortney Stark [D, CA-13]
  • Rep. Mark Udall [D, CO-2]
  • Rep. Tom Udall [D, NM-3]
  • Rep. Henry Waxman [D, CA-30]
  • Rep. Robert Wexler [D, FL-19]
  • Rep. Lynn Woolsey [D, CA-6]
  • Rep. David Wu [D, OR-1]
  close

Committees

• Senate Energy and Natural Resources
• 2 more
  • House Natural Resources
  • House Natural Resources
  close

Amendments

This bill has 6 amendments. See All AmendmentsHide All Amendments

Amendments to H.R.2262

Number	Status	Purpose
H.Amdt876	Offered	An amendment numbered 1 printed in House Report 110-416 to clarify that `valid existing rights' associated with existing mining claims would be protected under the Act. It would clarify that in addition to paying a 4% royalty, existing operations will still need to come into compliance with the Act within 10 years; would clarify that the claim maintenance and location fees currently allotted to administration of the mining laws will continue to be so allotted with the balance going to clean-up of abandoned hardrock mines, subject to appropriations; would clarify that user fees assessed by the BLM to process mining permit applications will be used for administration of the mining law program; would limit the purview of section 504-citizen suits--to permits issued pursuant to title III of the Act; and finally, would clarify that nothing under the Act will affect the sovereign immunity of any Indian Tribe.
H.Amdt877	Fail	An amendment numbered 2 printed in House Report 110-416 to strike the definition of `undue degradation' in the legislation.
H.Amdt878	Pass	An amendment numbered 3 printed in House Report 110-416 to state that river watershed areas may be considered as eligible and as priorities to receive funding from the Abandoned Locatable Minerals Mine Reclamation Fund.
H.Amdt879	Pass	An amendment numbered 4 printed in House Report 110-416 to redirect 50 percent of the funds deposited into the Hardrock Reclamation Fund to states in proportion to the royalty funds generated there.
H.Amdt880	Fail	An amendment numbered 6 printed in House Report 110-416 to strike section 517--Mineral materials.
H.Amdt881	Fail	An amendment numbered 7 printed in House Report 110-416 to establish the Mineral Commodity Information Administration into a role in the Department of Interior. This administration would have the Minerals Information Team (MIT) to collect, analyze, and disseminate information on the domestic and international supply of, and demand for, minerals and mineral materials critical to the U.S economy and national security. The amendment would remove the MIT from under the U.S. Geological Survey and establish it as a stand-alone agency within the Department of the Interior and would increase MIT's staff in order to perform the new and expanded functions authorized in the amendment.

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Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
May 10, 2007		November 01, 2007

Related Bills:

• H.Res.780
• S.2750

Related Issue Areas:

• Natural resources
• Budgets
• Citizen lawsuits
• Criminal justice
• 23 more
• Energy
• Environmental law enforcement
• Environmental protection
• Fines (Penalties)
• Fraud
• Government trust funds
• Grants-in-aid
• Hazardous substances
• Judicial review
• Law
• Local laws
• Mine wastes
• Mines and mineral resources
• Mining claims
• Mining royalties
• Oil shales
• Public lands
• Reclamation of land
• Solid wastes
• State and local government
• State laws
• Strip mining
• User charges

In the News

February 09, 2008 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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February 02, 2008 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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January 31, 2008 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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Blog Coverage

May 08, 2008 Mining Company Risk

There are many significant changes in HR 2262, but some of the high points are that it imposes a 4% gross royalty on existing operations with commercial production and an 8% gross royalty on all other claims, subjecting the Unites ...

Source: Silver Blog Spot
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April 15, 2008 The GoldBugg Report - April 15th

(Congress is currently discussing mining legislation HR 2262). It is my belief that the ratio between gold and silver will shrink in time, to 5 ounces of silver buying an ounce of gold. We are a long way from having to be concerned ...

Source: Newsroom
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April 08, 2008 Cut HR Costs

Our readers' views The Columbian - Vancouver,WA,USA Last fall, the US House of Representatives passed HR 2262, allowing roadless areas and other special places be set aside from new mining claims. … See all stories on this topic.

Source: Cost-Cutting.com => cost savings B2B news
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