Mining Regulatory Clarity Act

Today's wording of each part of the law, with what would be struck out and added. Each change also gives the bill's own instruction, word for word.

1. 30 U.S.C. 42added (c)by H.R. 1366 Sec. 2(a)

   (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 of the United States (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).

   The bill says: Section 2337 of the Revised Statutes of the United States (30 U.S.C. 42) is amended by adding at the end the following:

   Bill text · Current law (30 U.S.C. 42)

2. 30 U.S.C. 28fchangedby H.R. 1366 Sec. 2(c)

   …1 of each year, to the extent provided in advance in appropriations Acts, a claim maintenance fee of $100 per claim or site, respectively. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 (30 U.S.C. 28–28e)sections 2319 through 2344 of the Revised Statutes of the United States (30 U.S.C. 22 et seq.) 1 and the related filing requirements contained in section 1744(a) and (c) of title 43. (2) Placer mining claims. The holder of each unpatented placer mining claim located pursuant to the mining laws of the United States before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, the claim maintenance fee described in subsection (a)(1), for each 20 acres of the placer claim or portion thereof. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 (30 U.S.C. 28 to 28e) 1 and the related filing requirements contained in section 1744(a) and (c) of title 43. (b) Time of payment. The claim main tenance 2 fee under subsection (a) shall be paid for the year in which the location is made, at the time the location notice is recorded with the Bureau of Land Management. The location fee imposed under section 28g of this title shall be payable not later than 90 days after the date of location. (c) Oil shale claims subject to claim maintenance fees under Energy Policy Act of 1992. This section shall not apply to any oil shale claims for which a fee is required to be paid under section 2511(e)(2) of the Energy Policy Act of 1992 (Public Law 102–486; 106 Stat. 3111; 30 U.S.C. 242). (d) Waiver. (1) The claim maintenance fee required under this section may be waived for a claimant who certifies in writing to the Secretary that on the date the payment was due, the claimant and all related parties— (A) held not more than 10 mining claims, mill sites, or tunnel sites, or any combination thereof, on public lands; and (B) have performed assessment work required under the Mining Law of 1872 (30 U.S.C. 28–28e)sections 2319 through 2344 of the Revised Statutes of the United States (30 U.S.C. 22 et seq.) 1 to maintain the mining claims held by the claimant and such related parties for the assessment year ending on noon of September 1 of the calendar year in which payment of the claim maintenance fee was due. (2) For purposes of paragraph…

   The bill says: 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 of the United States (30 U.S.C. 22 et seq.)";

   Bill text · Current law (30 U.S.C. 28f)

3. 30 U.S.C. 28f(a)(1)changedby H.R. 1366 Sec. 2(c)

   …on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, to the extent provided in advance in appropriations Acts, a claim maintenance fee of $100 per claim or site, respectively. Such claim maintenance fee(B) Fee.— The claim maintenance fee under subparagraph (A) shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 (30 U.S.C. 28–28e) 1 and the related filing requirements contained in section 1744(a) and (c) of title 43.

   The bill says: in the second sentence, by striking "Such claim maintenance fee" and inserting the following:

   Bill text · Current law (30 U.S.C. 28f)

4. 30 U.S.C. 28f(a)(1)changedby H.R. 1366 Sec. 2(c)

   (1) Lode mining claims, mill sites, and tunnel sites. The holder of(A) In general.— The holder of each unpatented lode mining claim, mill site, or tunnel site, located pursuant to the mining laws of the United States before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, to the extent provided in advance in appropriations Acts, a claim maintenance fee of $100 per claim or site, respectively. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 (30 U.S.C. 28–28e) 1 and the related filing requirements contained in section 1744(a) and (c) of title 43.

   The bill says: in the first sentence, by striking "The holder of" and inserting the following:

   Bill text · Current law (30 U.S.C. 28f)

5. 30 U.S.C. 28f(a)(2)changedby H.R. 1366 Sec. 2(c)

   (2) Placer mining claims. The holder of each unpatented placer mining claim located pursuant to the mining laws of the United States before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, the claim maintenance fee described in subsection (a)(1), for each 20 acres of the placer claim or portion thereof. Such claim maintenance fee(B) Fee.— The claim maintenance fee under subparagraph (A) shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 (30 U.S.C. 28 to 28e) 1 and the related filing requirements contained in section 1744(a) and (c) of title 43.

   The bill says: in the second sentence, by striking "Such claim maintenance fee" and inserting the following:

   Bill text · Current law (30 U.S.C. 28f)

6. 30 U.S.C. 28f(a)(2)changedby H.R. 1366 Sec. 2(c)

   (2) Placer mining claims. The holder of(A) In general.— The holder of each unpatented placer mining claim located pursuant to the mining laws of the United States before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, the claim maintenance fee described in subsection (a)(1), for each 20 acres of the placer claim or portion thereof. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 (30 U.S.C. 28 to 28e) 1 and the related filing requirements contained in section 1744(a) and (c) of title 43.

   The bill says: in the first sentence, by striking "The holder of" and inserting the following:

   Bill text · Current law (30 U.S.C. 28f)

7. 30 U.S.C. 28f(b)changedby H.R. 1366 Sec. 2(c)

   (b) Time of payment. The claim main tenance 2 fee under subsection (a) shall be paid for the year in which the location is made, at the time the location notice is recorded with the Bureau of Land Management. The location fee(2) Fee.— The location fee imposed under section 28g of this title shall be payable not later than 90 days after the date of location.

   The bill says: in the second sentence, by striking "The location fee" and inserting the following:

   Bill text · Current law (30 U.S.C. 28f)

8. 30 U.S.C. 28f(b)changedby H.R. 1366 Sec. 2(c)

   The bill says: in the first sentence, by striking "The claim main tenance fee" and inserting the following:

   Bill text · Current law (30 U.S.C. 28f)

From the bill's official text on GovInfo and the U.S. Code, 2024 edition, which may not yet show changes made since.