Superior National Forest lands in Minnesota

(a) Rescission The Public Land Order of the Bureau of Land Management titled Public Land Order No. 7917 for Withdrawal of Federal Lands; Cook, Lake, and Saint Louis Counties, MN (88 Fed. Reg. 6308; published January 31, 2023) is hereby rescinded and shall have no force or effect. (b) Reinstatement, issuance, and modification of certain hardrock mineral leases (1) Reinstatement and term modification (A) Reinstatement Notwithstanding Reorganization Plan No. 3 of 1946 (5 U.S.C. App.), section 2478 of the Revised Statutes (43 U.S.C. 1457c), the Act of June 30, 1950 (64 Stat. 311; 16 U.S.C. 508b), and the Act of March 4, 1917 (39 Stat. 1150; 16 U.S.C. 520), and not later than 5 calendar days after the date of the enactment of this section, the Secretary shall reinstate each covered lease. (B) Lease term Upon reinstatement of each covered lease under subparagraph (A)— (i) each covered lease shall have an initial term of 20 years from the date of such reinstatement and a right to successive renewals in accordance with paragraph (4); (ii) the Secretary shall toll the initial term of a covered lease during any period in which permitting activities of the covered lease are delayed by legal or administrative proceedings not initiated by the holder of the covered lease; and (iii) the Secretary shall extend the initial term of a covered lease by a period equal to any tolling period under clause (ii). (C) Applicable terms Except as modified by this section, all terms and conditions of each covered lease shall be in accordance with the original terms of the covered lease. (2) Revenue provisions (A) Reinstatement fee Upon reinstatement of each covered lease under paragraph (1)(A), the holder of a covered lease shall pay to the Secretary a one-time fee of $100 per acre of the covered lease. (B) Supplemental rental In addition to the rental payment specified in the reinstated covered lease, the holder of a covered lease shall pay to the Secretary an annual supplemental rental of $10 per acre of the covered lease during years 6 through 10 of the initial term of the covered lease. (C) Revenue allocation All revenues collected under this paragraph shall be deposited in the Treasury as miscellaneous receipts. (3) Grant of preference right hardrock mineral lease (A) Congressional grant Notwithstanding Reorganization Plan No. 3 of 1946 (5 U.S.C. App.), section 2478 of the Revised Statutes (43 U.S.C. 1457c), the Act of June 30, 1950 (64 Stat. 311; 16 U.S.C. 508b), and the Act of March 4, 1917 (39 Stat. 1150; 16 U.S.C. 520), and in recognition of the valid existing rights created through the finding of a valuable mineral deposit as determined by the issuance of a Notice of Preliminary Valuable Deposit Determination from the Bureau of Land Management, Congress hereby grants to any holder of a Notice of Preliminary Valuable Deposit Determination issued between January 20, 2017, and January 20, 2021, a preference right hardrock mineral lease subject to the terms described in this paragraph. (B) Lease terms Each preference right hardrock mineral lease granted under subparagraph (A) shall— (i) have an initial term of 20 years from the date of such grant and a right to successive renewals in accordance with paragraph (4); (ii) except as provided in clause (iv), be subject to the same terms and conditions as adjacent covered leases, as modified by this section; (iii) be deemed part of the unified mining operation with adjacent covered leases for purposes of mine planning and operations; and (iv) not be required to meet the diligence requirements of adjacent covered leases until the date on which the first term of the preference right hardrock mineral lease after the lease is renewed under paragraph (4) begins. (C) Revenue provisions (i) In general Upon the grant of each preference right hardrock mineral lease under subparagraph (A), the holder of each lease shall pay to the Secretary— (I) a one-time issuance fee of $250 per acre of the preference right hardrock mineral lease; (II) an annual rental payment of $1 per acre of the preference right hardrock mineral lease per year; and (III) a production royalty in accordance with the terms and conditions described in subparagraph (B)(ii). (ii) Deposit of amounts Amounts collected under this subparagraph shall be deposited in the Treasury as miscellaneous receipts. (4) Renewal provisions (A) Renewal qualification If, during the last 2 years of each initial or renewal term of a lease reinstated, granted, or renewed under this subsection, the holder of the lease requests renewal, the Secretary shall renew the lease in accordance with this paragraph. (B) Renewal process (i) In general Not later than 90 days before the date on which the term of a lease for which the holder of the lease requests renewal under subparagraph (A) ends, the holder of the lease shall pay to the Secretary a renewal fee of $100 per acre of the lease. (ii) Renewal required Upon receipt of a renewal request under subparagraph (A) and the renewal fee required under clause (i) of this subparagraph, the Secretary shall renew the lease that is the subject of the renewal request for an additional 10-year term. (C) Renewal conditions (i) In general (I) Mine plan of operations not required during initial term Approval of a mine plan of operations is not required during the initial term of a lease reinstated or granted under this subsection. (II) Minimum production requirements Minimum production requirements as described in adjacent covered leases shall begin with respect to a lease reinstated or granted under this subsection on the date that is 5 years after the approval of a mine plan of operations for such lease. (ii) Annual rental payments The annual rental payment for a lease renewed under this subsection shall be $2 per acre more than the annual rental payment of such lease during the preceding term of such lease. (5) Judicial review (A) In general The reinstatement, modification, or grant of a lease, or a combination thereof, under this section is not subject to judicial review. (B) Exception Notwithstanding subparagraph (A), the holder of a lease reinstated, modified, or granted under this subsection may seek review of an alleged failure by the Secretary to act in accordance with this section. (6) Definitions In this section: (A) Covered lease The term covered lease means a hardrock mineral lease— (i) located within the Superior National Forest in the State of Minnesota; (ii) issued or renewed in between January 20, 2017, and January 19, 2021; and (iii) cancelled or otherwise rescinded between January 20, 2021, and January 20, 2025. (B) Secretary The term Secretary means the Secretary of the Interior.