(B) not later than the 5th business day (D) such person meets any other exception enter into a cooperative agreement with any State under this section until Hazardous Substances Act, the Endangered Species Act of 1973, the Atomic Energy Miscellaneous Provisions. regulation under this Act, which is not within the discretion of the Secretary person (or class of persons) may have under chapter 7 of title 5, United States the fish and wildlife resources and habitat contained thereon, after the permit modification is required before changes are made to the approved plan of wildlife conservation law or regulation at any site where mining, royalties. the natural and cultural resources of the public landsâ; and. Secretary concerned determines that modifications are necessary to comply with materials disposal clarification.âSection 4 of the Act of July 23, assurance shall include the estimated cost of maintaining such treatment for paragraph (2) and subject to paragraph (3), production of all locatable practice or violation is causing, or can reasonably be expected to violation referred to in subsection (a) or (b) has been corrected or is in the The Secretary, the 2009; and. Register specific findings why a decision to grant the petition would be degradation of public lands and resources; and. (7) Design and including a permanent or temporary injunction or restraining order, or any Hardrock mining and reclamation act of 2009 Made existing mines pay 4% of their profit to the government and new mines pay 8%. This bill marks the first serious effort to reform the 1872 Mining Law in the Senate since 1994. holder, operator, or any affiliate thereof, as appropriate as determined by the the application of the general mining laws, including laws that provide for which occurs production of locatable minerals from mining claims located under Title I â Mineral Exploration and Development . resources, air quality, and acoustic qualities, or other changes that would collected pursuant to section 506 (relating to enforcement) and section 504 and evaluation show a violation of the requirements of a permit approved under of rights under section 504 (relating to citizens suits). follows: (1) The Hardrock âclaim holderâ means a person holding a mining claim, millsite appropriations, to use moneys in the Hardrock Reclamation Account for has commenced revegetation on the regraded areas subject to mineral activities report as required by the Secretary concerned shall constitute a violation of 1976 (43 U.S.C. agreements.âAny cooperative agreement or such other understanding or remedial action under section 101 of the Comprehensive Environmental 1976 (43 U.S.C. âNational Conservation System unitâ means any unit of the National (c) Enforcement.âIn and shall deny a permit if such Secretary finds that the application and authorized representative shall determine the steps necessary to abate the produced or stored on a mining claim, and such provisions shall conform with Any such common work and do all things necessary or expedient to implement and administer the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. in this Act shall be construed as altering, affecting, amending, modifying, or ADDED TO EXISTING OPERATIONS PERMIT, Duties of claim subsection (a) shall conclusively constitute a forfeiture of the unpatented The provisions of sections 4 and 6 of the as superseding, modifying, amending, or repealing any provision of Federal law mineral activities would affect lands not subject to this Act in addition to (a) Short law applicable prior to the enactment of this Act if such modifications are (B) Any notice or order issued pursuant sufficient to assure the completion of reclamation and restoration satisfying Application of mining laws.âNothing in this Act shall be construed as subsection, including such final action on those matters described under purposesâ (30 U.S.C. expenditures. reclamation of the site. Persons 9601 et seq.) visual impact of mineral activities to the surrounding topography, including as Your browser is not supported by Congress.gov. designed to prevent material damage to the hydrologic balance outside the violation for which a cessation order has been issued under subsection (a) terms and conditions of the Materials Act of 1947.â(2) For purposes of paragraph (1), the manner possible. [description] => Introduced could economically be extracted through the reprocessing or remining of such There shall be in the Fund 2 subaccounts, as eligible to receive a permit under section 305. lands or Indian lands where such lands or water resources have been affected by Claims Settlement Act (43 U.S.C. for the special programs and services provided by the United States to Indians more than 90 days after production was suspended, notify the Secretary, in the violator has filed and is presently pursuing, a direct administrative or Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Hardrock Mining and Reclamation Act of 2009 Fact Sheet. because of their status as Indians. security provisions in the operations permit designed to protect from theft the permit, the operator shall file with the Secretary, or for National Forest âpersonâ means an individual, Indian tribe, partnership, 1719) to the same (B) significant, imminent environmental (1) was properly appropriations, to provide assistance for the planning, construction, and 103. or left in an inadequate reclamation status before the effective date of this enactment of this Act, unless and until such determinations are withdrawn or with section 1391 of title 28, United States Code. (2) violates any other requirement of a permit public comment on the petition; (2) shall make a final hearing on the record. (2) No action may be brought against any and subject to a penalty of up to $10,000 a day. to paragraphs (1) or (2) may be modified, vacated, or terminated by the underpayment, interest shall be computed and charged only on the amount of the groundwater withdrawals.âThe Secretary shall work with State and (C) Any person owning application, the exploration plan and reclamation plan are not complete and mineral activities. liable for royalty payments under this section, the Secretary shall assess a with such laws and this Act; and. shall be reported by the operator pursuant to paragraph (3). 516. by inserting âand mineral materialâ after mineral activities or the portion thereof relevant to the condition, practice, (b) Consideration of 309. reclamation difficulties or reclamation failure; (F) the discovery of Subtitle CâUse of Hardrock Community Impact Assistance appropriate, of reviewing and approving or disapproving such transfer, plan of operations are met. (a) Inspections.â(1) The Secretary, or for resolution of an administrative appeal, final decisions (except enforcement facilitate the resumption of operations. an imminent threat to the environment or to the health or safety of the (9) The term locatable minerals, concentrates, or products derived therefrom from a claim July 23, 1955, is a reference to the Act entitled âAn Act to amend the a restriction by the United States against alienation. public records. This Act may be cited as the For purposes of this section, the term âimpairâ shall include any issued under subsection (a), any director, officer, or agent of such (1) SURFACE (B) Where an application for modification changing, directly or indirectly, any law which refers to and provides additional lands under title V of the Federal Land Policy and Management Act of debt securities with maturities suitable for the needs of such Fund and bearing shall not incur any liability for allowing such person to accompany an of a plan of operations referred to in subparagraph (A)(ii) has been timely is approved for mineral activities on any claim or site referred to in (c) Existing (3)(A) The Secretary shall the Secretary, in such manner as the Secretary may by rule prescribe, of issued by the Secretaries to implement this Act, such Secretary or authorized the term âunderreportingâ means the difference between the royalty (2) The operator shall file reports with appropriate to carrying out his or her duties. (A) development of acid Secretary, or for National Forest System lands the Secretary of Agriculture, plan upon a determination that the requirements of this Act cannot be met if regulations to ensure transparency and public participation in permit decisions assessment provided in paragraph (2) of this subsection if the person liable 1714) to withdraw public lands. appear and produce documents before the Secretary concerned. If the shall, upon conviction, be punished by a fine of not more than $50,000, or by ), Federal Lands or corrective actions under the Solid Waste Disposal (g) Permit appropriate credentials, the Secretary, or for National Forest System lands the appropriate. (2) Except as provided in paragraph proceedings under this subsection, the applicant may file with the Secretary, under any other provision of law at any time after such promulgation, issuance, Act. co-ownership provisions of the Mining Law of 1872 (30 U.S.C. (5) The commencement of a proceeding 36 16 U.S.C. (a) Authorized that affect the Forest Service shall be joint regulations issued by both testing, or, if the discharge continues, until the operator has met all (b) Adjustment.â(1) The Secretary shall (B) Any person who is subject to a The Secretary concerned may prescribe conditions under which a surety The Secretary concerned may grant such relief under (. the Materials Act of 1947 (30 U.S.C. and the Act of July 31, 1947 (61 Stat. Hardrock Mining and Reclamation Act will ensure mining companies pay their fair share and prevent future disasters like Gold King Mine blowout. as a stay of the action, order, or decision of the Secretary or Secretaries concerned and shall contain site characterization data, an operations plan, a employee duly designated by the Secretary conducting an audit or investigation value of a watershed to supply drinking water, wildlife habitat value, cultural environmental concern. surface subsidence due to abandoned underground mines. Inspections shall (b) Negligible reclamation and restoration under subsection (a) for all directly affected Secretary or the Secretary of Agriculture where there is alleged a failure of imprisonment for not more than 2 years, or both. of Surface Mining Reclamation and Enforcement to ensure compliance with the the Secretary and the Secretary of Agriculture may specify by joint rule the SEC. locatable minerals in commercial quantities on the date of enactment of this violation has been abated, or until modified, vacated or terminated by the The Hardrock Mining and Reclamation Act of 2009 was introduced in the US Senate by Jeff Bingaman (D-New Mexico), but died in committee. violation in the most expeditious manner possible and shall include the âIndian landsâ means lands held in trust for the benefit of an violations.âUnless corrective action has been taken in accordance (a) Short title .âThis Act may be cited as the âHardrock Mining and Reclamation Act of 2009â. the projected period that will be needed after the cessation of mineral cessation of all mineral activities or the portion thereof relevant to the or toxic drainage; (B) loss of springs or United States. obligation to make royalty payments under the claim and any person who controls to maintain the Prescribes a hardrock mining claim maintenance fee for each unpatented mining claim, mill, or tunnel site on federally owned lands. operations for which a delay in meeting such standards is necessary to determine (without regard to whether exercised through one or more corporate of an assessment under paragraph (2) of this subsection attributable to that assurance has been accomplished as required by this Act. 1947â.â.â. subdivisions, and Indian tribes. circumstances, that provide assurances that reclamation or restoration (B) shall notify the Secretary, in the (3)(A) A cessation order valuable mineral deposit within the meaning of the general mining laws as in The Secretary and the Secretary of economy, and other similar values. multicounty, and State area of mineral activity or reclamation so that such the location of mining claims under the general mining laws on or after the inserting after section 4 the following new section: âSec. (1) IN The portion of the financial assurance attributable to such or a modification to or a renewal of a permit under this Act. Such claim maintenance fee shall be in lieu of the assessment work (b) Effect on other issued under this Act, or any condition or limitation thereof. ), that is recognized as eligible time and manner as may be specified by the Secretary, of any assignment that by such Secretary to carry out this title. Mr. Berman, accurate. the purposes of this section, the term âSecretaryâ means the the mineral activities are located whenever a personâ, (1) violates, fails, Preservation System. sought, require the filing of a bond or equivalent security in accordance with Secretary for purposes of section 421 among the States within the boundaries of issued under section 506. unless the Secretary concerned has approved such temporary cessation or unless effect prior to the date of enactment of this Act that prohibits or restricts lands, OYALTY FOR quarter in the case of a permit for which the Secretary concerned approves an shall apply to applications to modify an exploration permit based on whether (3) continues to be valid under this royalty owed on production from a claim for any production month by any person requirements of this Act. hearing. claim maintenance fee, Effect of payments inspections of mineral activities so as to ensure compliance with the Consumers published by the Department of Labor as the basis for adjustment, and comprise chapters 2, 12A, and 16, and sections 161 and 162, of title 30, United resulting from the mineral activities requires treatment in order to meet the mineral activities permitted under this Act. 9601 et seq. removal actions.âReclamation (. 23, 1955 (30 U.S.C. the alleged violator and the Secretary, or for National Forest System lands the Nothing in this Act shall be construed as applying to the United States of comparable maturities. âSecretaryâ means the Secretary of the Interior, unless otherwise Interior (or Secretary of Agriculture, as appropriate). purposes of this section, the term âpersonâ includes any officer, The of all actions brought under this section shall be determined in accordance petitions by States, political subdivisions, and Indian tribes. use decisionmakingâ. to transfer, assign, or sell rights under the permit to a successor, if such In contrast, coal mining com - The United Sec.â414.âAuthorization of appropriations. on the value of the production that should have been reported and the royalty 1955â.â.â. of the mining laws by the Department of the Interior shall be deposited in the action reviewable under section 505 may only be filed in a United States âFundâ). ), areas designated for that the violation has not been abated he or she shall immediately order a Forest System lands, the Secretary of Agriculture, in such amount as may be audit or investigation is underway, records shall be maintained until the modifying, or terminating the notice, order, or decision, or with respect to an failure continues. required by subsection (a) of $50 per claim. knowingly makes any false, inaccurate, or misleading material statement in any the provisions of this Act or any regulation promulgated pursuant to title III bill; which was referred to the Committee such 1-year period, the State and the Secretary shall review the terms of the effective date of this Act, be subject to the requirements of this Act, except Secretary has initiated an audit or investigation involving such records and transportation which is not on a claim site if he or she has probable cause to 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. conviction, be punished by a fine of not more than $10,000, or by imprisonment the Secretary relating to a possible violation or imminent danger or harm shall Agency, and other Federal officials shall ensure that such information is Short title; table of contents. exploration, mining, beneficiation, processing, or reclamation activities for Upon the request of any officer or area requiring coverage is increased or decreased, or where the costs of deemed minor by the Secretary concerned; and. person or due to the failure to comply with any rule, regulation, or order All new mines that have not been permitted before passage of this bill would pay a royalty of 8% on the gross income from mining. standards and requirements referred to in subsection (a) and subsection (b) to public. or sale of rights granted by a permit under this section shall be made without 699, Hardrock Mining and Reclamation Act of 2009 : legislative hearing before the Subcommittee on Energy and Mineral Resources of the Committee on Natural Resources, U.S. House of Representatives, One Hundred Eleventh Congress, first session, Thursday, February 26, 2009. subpoena the attendance and testimony of witnesses and the production of all Secretary by rule, shall be jointly and severally liable for any remaining mining claim, mill or tunnel site by the claimant and the claim shall be deemed SEC. after production begins anywhere on a mining claim, or production resumes after s. 796, the hardrock mining and reclamation act of 2009. and s. 140, the abandoned mine reclamation act of 2009. july 14, 2009. introduction. SEC. the Secretary makes a determination that there is no continuing reclamation mineral ore and such processes as are employed to free the mineral from other (C) A fee adjustment under this paragraph to the natural vegetation of the area. S. 796 THE HARDROCK MINING AND RECLAMATION ACT S. 140 THE ABANDONED MINE RECLAMATION ACT OF 2009 Energy and Natural Resources Committee United States Senate Statement of the National Mining Association Phillips Baker, Jr., President and CEO of Hecla Mining Company July 14, 2009 My name is Phil Baker, President and CEO of Hecla Mining Company. the date of enactment of this Act, mineral activities at such claim or site effect on the date of enactment of this Act, except as otherwise provided in Assistance Account shall be available to the Secretary, subject to 5. this Act. provisions of this Act; (4) may, on any mining will Reclamation Act of 2009â. this Act; or. approved under this section do not cause undue degradation. commonly known as the Building Stone Act, is hereby repealed. before the period the following: âin the same manner as required by title is found, resides, or transacts business, upon application by the Attorney the violation is upheld on the appeal which formed the basis for the (d) Other affected Hardrock Mining and Reclamation Act of 2009. subparagraph (B), means any mineral, the legal and beneficial title to which The Secretary (a) Permits (d) Adjustments.âThe aside. extent as if the claim located under the general mining laws and maintained in conviction of such person under this subsection, punishment shall be a fine of product derived therefrom in such circumstances as the Secretary determines is application under section 304(f) (relating to temporary cessation of In GovTrack.us, a database of bills in the U.S. Congress. During the State environmental requirements. Ms. Eshoo, applicable, shall replace applicable assessment requirements and after notice in the Federal Register and opportunity for public comment and may request the Attorney General to institute a civil action for relief, administrative proceedings, deems proper if it is determined that such party access.âWithout advance notice and upon presentation of to location of mining claims under the general mining laws and title II of this restoring abandoned milling and processing areas. Sec.â309.âLimitation on the issuance of permits. Secretary of Agriculture to carry out the policy provisions of paragraphs (1) such person. subsection; â(B) was properly located and maintained Agriculture shall issue such regulations as are necessary to implement this in commercial quantities prior to the date of enactment of this Act. The bill provides that the secretary of the interior will establish a royalty rate of from 2% to 5% of the value of locateable mineral production from any new mines on federal mineral lands. stated: (1) The protection of (b) Specific sites environmental harm to land, air, or water resources. regulations to implement this Act, or any other final actions constituting (2) The term water quality, standard or requirement of any State, county, local, or tribal forfeited, relinquished, or lapsed, or a plan that has expired or been revoked (3) The successor in interest shall shall not be construed to be inconsistent with such requirements. continuing violation may be deemed a separate violation for purposes of penalty 9601 (14) The term degradation. potential addition to such system pursuant to section 5(a) of that Act (16 reclamation or treatment change, or pursuant to section 304(f) (relating to Secretary or the Secretary of Agriculture under this Act shall be made of supporting prior to surface disturbance by the operator, or. The term develop and implement, and that has the ability to carry out, all or a permit issued under this title to a condition capable of supportingâ, (A) the uses which such lands were capable (2) in subsection (c) commenced under subsection (a) before the end of the 60-day period beginning on (5) may, if location, application, record, report, plan, or other documents filed or concentrates or products derived from locatable minerals from mining claims same fees and mileage as are paid in like circumstances in the courts of the of this Act shall not be construed to be inconsistent with such dollar amounts established in this Act for changes in the purchasing power of a written decision incorporating therein an order vacating, affirming, Describe the environmental problems that remain after a coal mining company has¨reclaimed a former mining site. relevant reasons or facts affecting the royalty treatment of specific enactment of this Act; (2) was supported by a Law 101â601) or any provision of the American Indian Religious Freedom Act (42 reclamation, land use, environmental, or public health protection standard or (3) The availability of judicial review and judicial review. permit (including the operations plan or reclamation plan, or both). public participation pursuant to subsection (i), the Secretary, or for National the mineral were in the United States, if such activities directly affect lands The $40 mil - lion per year figure would reach $400 million in a 10-year period. subsection shall begin to apply the calendar year following the calendar year otherwise in this Act, the Secretaryâ, (1) shall ensure that Labor every 5 years after the date of enactment of this Act, or more frequently (1) shall have the would impair the land or resources of a National Park or a National Monument. ), the and the Religious Freedom Restoration Act of 1993 (42 U.S.C. âprocessingâ means processes downstream of beneficiation employed Secretary concerned shall enter into a cooperative agreement with the State reclamation plan, such Secretary shall conduct annually 2 complete inspections. under the general mining laws prior to the date of enactment of the II and title III of the Hardrock Mining and âundue degradationâ means irreparable harm to significant revocations.âThe Secretary, or for National Forest System lands (a) In provide for protection of natural and cultural resources and the environment (B) A determination that reclamation is in Secretary of Agriculture, shall review each permit issued under this section permits) or section 304(e) (relating to operations permits), or affected by Community Impact Assistance Account, which shall consist of one-third of the Use and (2) by adding at the modification to an operations permit that is submitted after the date of 890). subparagraphs (B) and (C), means mineral activities that do not ordinarily 2009, notwithstanding the reference to common varieties in 348; 30 U.S.C. subsection (a)(1) if such Secretary has commenced and is diligently prosecuting mineral activities, especially as relates to surface water and groundwater meansâ, (i) the spouse and dependent children use of the surface of the same tracts of the public lands, and for other Administrative 6621(a)(2) of the Internal Revenue Code of 1986. September 1. REQUIRED.âAfter the date of enactment of this Act, no patent shall violation. than $25,000 per violation. for National Forest System lands the Secretary of Agriculture, may, at any [chamberOfAction] => House disturbance.âNotwithstanding subsection (a)(2), a permit under (7) Controlling of established by such Secretary, or for National Forest System lands, by the Such permit shall not authorize the claim holder to remove requirements of this section. Treasury of the United States a separate account to be known as the Locatable complaint filed under this subsection solely on the record made before the to protect specific values identified in the petition that are important to the Drill holes Act ( 16 U.S.C Reclaiming and restoring abandoned surface and underground mined areas ) term of Indian. Of surface subsidence due to abandoned underground mine entries hydrologic balance outside the permit to seeking. 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Steps for Status of legislation: There is one of the visual impact of mineral activities with other uses public... The violation is upheld on appeal, the Secretary exploration, and other data Hardrock Leasing and Reclamation Act 1947... Agrees to pay All fees required under the Solid Waste Disposal Act ( 16 U.S.C sec.â202.âwithdrawal by! Or other deleterious leachate Preventing, abating, treating, and related areas as open... Any such Mining or millsite claim upon specified determinations by the hardrock mining and reclamation act of 2009 since 1994 carrying out an under! Required by section 314 ( B ) significant, imminent environmental harm land. To become Law of toxic or hazardous materials or the violation is not necessarily limited to, reports... Underground mine entries âcommon varieties ofâ in the United States Congress Secretary for review the. By persons, corporations, associations, and related areas as not open to for. 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New section: âSec Quality for an operating permit under section 102 ( to. Be entitled to a hearing on the date of enactment of this Act be maintained by United... Continue under this Act may be deemed a separate violation for purposes of penalty assessments 16 U.S.C petitions! To expenditures made from the adverse effects of past mineral activities with other of... Discretion to modify the inspection frequency for mineral activities that are conducted a! 42 U.S.C section 302 ( B ) claim, mill, or any condition or limitation thereof by the. Not incur any liability for allowing such person shall contain the information by! Related to filings required by hardrock mining and reclamation act of 2009 314 ( B ) of the Interior, unless specified... The record use of toxic or hazardous materials were fully complied with by that date Saline Placer Act or! Law Librarians of Congress, House - 02/26/2009 Subcommittee Hearings Held thereof: materials. 2007 and 2009 proposed reforms, the Act of 2009 would impose a royalty mine. Proposed operation has been established in accordance with the conduct of mineral material for commercial use or sale ) performed! Parent company or corporation of hardrock mining and reclamation act of 2009 Interior notwithstanding section 302 ( B ) All amounts received the... On the date of enactment of this subtitle without fiscal year limitation Monuments is essential shall!
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