Definitions

In this Act: (1) Applicant The term applicant means any person that applies for— (A) a permit under this Act; or (B) a modification to, or a renewal of, a permit issued under this Act. (2) Beneficiation The term beneficiation means— (A) the crushing and grinding of locatable mineral ore; and (B) any processes that are employed to free the mineral from other constituents, including physical and chemical separation techniques. (3) Casual use (A) In general The term casual use means mineral activities that ordinarily result in no or negligible disturbance of Federal land or resources. (B) Inclusions The term casual use includes the collection of geochemical, rock, soil, or mineral specimens using hand tools, hand panning, or nonmotorized sluicing. (C) Exclusions The term casual use does not include— (i) the use of mechanized earth-moving equipment, suction dredging, or explosives; (ii) the use of motor vehicles in areas closed to off-road vehicles; (iii) the construction of roads or drill pads; or (iv) the use of toxic or hazardous materials or explosives. (4) Claim holder The term claim holder means a person holding a mining claim, millsite, or tunnel site that is— (A) located under the general mining laws; and (B) maintained in compliance with the general mining laws and this Act. (5) Control The term control means having the ability to determine the manner in which an entity conducts mineral activities. (6) Exploration (A) In general The term exploration means creating a surface disturbance (other than casual use) to evaluate the type, extent, quantity, or quality of minerals present. (B) Inclusions The term exploration includes mineral activities associated with sampling, drilling, or developing surface or underground workings to evaluate locatable mineral values. (C) Exclusions The term exploration does not include the extraction of mineral material for commercial use or sale. (7) Federal land The term Federal land means any land and any interest in land that is— (A) owned by the United States; and (B) open to location of mining claims under the general mining laws and this Act. (8) Fund The term Fund means the Hardrock Minerals Reclamation Fund established by section 401(a). (9) Hardrock mineral The term hardrock mineral has the meaning given the term locatable mineral except that— (A) legal and beneficial title to the mineral need not be held by the United States; and (B) paragraph (13)(B) does not apply to this paragraph. (10) Indian country The term Indian country has the meaning given the term in section 1151 of title 18, United States Code. (11) Indian land The term Indian land means land that is— (A) held in trust for the benefit of an Indian Tribe or member of an Indian Tribe; or (B) held by an Indian Tribe or member of an Indian Tribe, subject to a restriction by the United States against alienation. (12) Indian tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (13) Locatable mineral (A) In general The term locatable mineral means any mineral— (i) the legal and beneficial title to which remains in the United States; and (ii) that is not subject to disposition under— (I) the Mineral Leasing Act (30 U.S.C. 181 et seq.); (II) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.); (III) the Act of July 31, 1947 (commonly known as the Materials Act of 1947) (30 U.S.C. 601 et seq.); or (IV) the Act of August 7, 1947 (commonly known as the Mineral Leasing Act for Acquired Lands) (30 U.S.C. 351 et seq.). (B) Exclusions The term locatable mineral does not include any mineral that is— (i) subject to a restriction against alienation imposed by the United States; and (ii) held in trust by the United States for, or owned by, any Indian Tribe or member of an Indian tribe (as defined in section 2 of the Indian Mineral Development Act of 1982 (25 U.S.C. 2101)). (14) Mineral activity The term mineral activity means any activity on a mining claim, millsite, or tunnel site, or Federal land used in conjunction with the activity, for, relating to, or incidental to, mineral exploration, mining, beneficiation, processing, or reclamation activities for any locatable mineral. (15) Operator The term operator means— (A) any person proposing, or authorized by a permit, to conduct mineral activities under this Act; and (B) any agent of a person described in subparagraph (A). (16) Person The term person means— (A) an individual, Indian Tribe, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative, trust, consortium, or other organization; and (B) any instrumentality of a State or local government, including any publicly owned utility or publicly owned corporation of a State or local government. (17) Processing (A) In general The term processing means processes downstream of beneficiation used to prepare locatable mineral ore into the final marketable product. (B) Inclusions The term processing includes smelting and electrolytic refining. (18) Secretary The term Secretary means the Secretary of the Interior. (19) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B) the Secretary (acting through the Director of the Bureau of Land Management), with respect to land managed by the Bureau of Land Management or other Federal land. (20) Temporary cessation The term temporary cessation means a halt in mine related production activities for a continuous period of not longer than 5 years. (21) Undue degradation The term undue degradation means substantial irreparable harm to significant scientific, cultural, or environmental resources on public land.