119-hr1366

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1366 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1366

To provide for the location of multiple hardrock mining mill sites, to 
 establish the Abandoned Hardrock Mine Fund, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 14, 2025

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

_______________________________________________________________________

 A BILL

To provide for the location of multiple hardrock mining mill sites, to 
 establish the Abandoned Hardrock Mine Fund, 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 
2025''.

SEC. 2. 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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