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 part 3800 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) Authorization 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) Claim maintenance fee for additional mill sites Section 10101(a)(1) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f(a)(1)) is amended, in the first sentence, by inserting, except the holders of each mill site located under subsection (c) of section 2337 of the Revised Statutes (30 U.S.C. 42) 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 $400 per site after respectively. (c) Application of Mineral Leasing Act for Acquired Lands to hardrock minerals (1) Hardrock minerals Section 2 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351) is amended— (A) in the sixth sentence, by striking The term and all that follows through embrace and inserting the following: (5) Oil The term oil means; (B) in the fifth sentence, by striking Lease and inserting the following: (3) Lease The term lease; (C) by striking the fourth sentence and inserting the following: (4) Mineral leasing laws The term mineral leasing laws means— (A) the Mineral Leasing Act (30 U.S.C. 181 et seq.); (B) the Act of April 17, 1926 (44 Stat. 301, chapter 158; 30 U.S.C. 271 et seq.); (C) the Act of February 7, 1927 (44 Stat. 1057, chapter 66; 30 U.S.C. 281 et seq.); and (D) all Acts amendatory or supplementary to any of the Acts described in subparagraphs (A) through (C).; (D) in the third sentence, by striking Secretary and inserting the following: (6) Secretary The term Secretary; (E) in the second sentence— (i) by striking (36 Stat. and all that follows through the period at the end and inserting (commonly known as the Weeks Law) (36 Stat. 961, chapter 186; 16 U.S.C. 552 et seq.).; and (ii) by striking Acquired lands or lands acquired by the United States include and inserting the following: (1) Acquired lands; lands acquired by the United States The terms acquired lands and lands acquired by the United States mean; (F) in the first sentence, by striking As used in this Act United States and inserting the following: “In this Act: (7) United States The term United States; (G) by moving the paragraphs so as to appear in numerical order; and (H) by inserting after paragraph (1) (as so designated) the following: (2) Hardrock mineral (A) In general The term hardrock mineral includes deposits of— (i) minerals found in sedimentary or other rocks; (ii) base metals; (iii) precious metals; (iv) industrial minerals; and (v) precious and semi-precious gemstones. (B) Exclusions The term hardrock mineral does not include deposits of— (i) coal; (ii) oil; (iii) oil shale; (iv) gas; (v) sodium; (vi) potassium; (vii) sulfur; or (viii) mineral materials subject to disposition under the Act of July 31, 1947 (commonly known as the Materials Act of 1947) (61 Stat. 681, chapter 406; 30 U.S.C. 601 et seq.).. (2) Deposits subject to lease Section 3 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352) is amended, in the first sentence, by striking and sulfur and inserting sulfur, and hardrock minerals. (d) 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 (A) In general 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. (B) Hardrock minerals Section 6(a) of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 355(a)) is amended by adding at the end the following: Beginning on the date of enactment of the Bipartisan American Affordability and Jobs Act of 2026, any receipts derived from leases of hardrock minerals pursuant to section 3 that would otherwise be paid into the Treasury shall be deposited into the Abandoned Hardrock Mine Fund established by section 205(d) of the Bipartisan American Affordability and Jobs Act of 2026.. (3) Use The Secretary of the Interior may make expenditures from amounts available in the Fund, without further appropriations or fiscal year limitation, 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)); (B) may be transferred in accordance with section 40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)); and (C) may be used for the administration of the Fund and section 40704 of the Infrastructure Investment and Jobs Act (30 U.S.C. 1245) in amounts not to exceed 5 percent of amounts deposited into the Fund. (e) 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— (I) by striking the Mining Law of 1872 (30 U.S.C. 28 to 28e) and inserting sections 2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.); and (II) 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.