S 544 — Mining Regulatory Clarity Act

changes in existing law made by 
the bill S. 544, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

 MINING LAW OF 1872

 Revised Statutes, Sec. 2337

 Sec. 2337. (a) Where non-mineral land not contiguous to the 
vein or lode is used or occupied by the proprietor of such vein 
or lode for mining or milling purposes, such non-adjacent 
surface-ground may be embraced and included in an application 
for a patent for such vein or lode, and the same may be 
patented therein, subject to the same preliminary requirements 
as to survey and notice as are applicable to veins or lodes; 
but no location hereafter made of such non-adjacent land shall 
exceed five acres, and payment for the same must be made at the 
same rate as fixed by this chapter for the superficies of the 
lode. The owner of a quartz-mill or reduction-works, not owning 
a mine in connection therewith, may also receive a patent for 
his mill-site, as provided in this section.
 (b) Where nonmineral land is needed by the proprietor of a 
placer claim for mining, milling, processing, beneficiation, or 
other operations in connection with such claim, and is used or 
occupied by the proprietor for such purposes, such land may be 
included in an application for a patent for such claim, and may 
be patented therewith subject to the same requirements as to 
survey and notice as are applicable to placers. No location 
made of such nonmineral land shall exceed five acres and 
payment for the same shall be made at the rate applicable to 
placer claims which do not include a vein or lode.
 (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 or operations.
 (B) Operations; operator.--The terms 
 ``operations'' and ``operator'' have the 
 meanings given those terms in section 3809.5 of 
 title 42, 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).

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 OMNIBUS BUDGET RECONCILIATION ACT OF 1993

 Public Law 103-66 

 AN ACT To provide for reconciliation pursuant to section 7 of the 
concurrent resolution on the budget for fiscal year 1994.

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 TITLE X--NATURAL RESOURCES PROVISIONS

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 Subtitle B--Hardrock Mining Claim Maintenance Fee

SEC. 10101. FEE.

 (a) Claim Maintenance Fee.--
 (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]
 (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)] sections 
 2319 through 2344 of the Revised Statutes (30 
 U.S.C. 22 et seq.) and the related filing 
 requirements contained in section 314 (a) and 
 (c) of the Federal Land Policy and Management 
 Act of 1976 (43 U.S.C. 1744(a) and (c)).
 (1) 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]
 (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)] sections 
 2319 through 2344 of the Revised Statutes (30 
 U.S.C. 22 et seq.) and the related filing 
 requirements contained in section 314(a) and 
 (c) of the Federal Land Policy and Management 
 Act of 1976 (43 U.S.C. 1744(a) and (c)).
 (b) Time of Payment.--[The claim maintenance fee]
 (1) In general.--The claim maintenance 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 
 10102 shall be payable not later than 90 days after the 
 date of location.

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 (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 (30 U.S.C. 22 
 et seq.) 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.

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