H.R. 699 would modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims.
Detailed Summary
Hardrock Mining and Reclamation Act of 2009 - Applies this Act to any mining claim, millsite claim, or tunnel site claim located under the general mining laws or used for beneficiation or mineral processing activities, regardless of whether legal and beneficial title to the mineral is held by the United States.
Conditions federal issuance of a patent for any such mining or millsite claim upon specified determinations by the Secretary of the Interior.
Subjects production of locatable minerals to a royalty of 8% of the gross income from mining.
Imposes a 4% royalty upon federal lands subject to an existing permit, and specified royalties on certain federal land added to an existing operations permit.
Prescribes a hardrock mining claim maintenance fee for each unpatented mining claim, mill, or tunnel site on federally owned lands.
Designates certain wilderness study areas, areas of critical environmental concern, and related areas as not open to location of mining claims.
Permits a state or local government or Indian tribe to petition the Secretary of the Interior for withdrawal of specific federal land from operation of the general mining laws in order to protect specific values.
Instructs the Secretary to ensure that mineral activities on federal land subject to a claim are carefully controlled to prevent undue degradation of public lands and resources.
Prescribes requirements for the exploration permit process and for operations permits, including financial assurances.
Requires restoration of lands to a condition capable of supporting prior uses or other beneficial uses.
Establishes the Locatable Minerals Fund composed of: (1) penalties, fees, and royalties; (2) the Hardrock Reclamation Account, and (3) the Hardrock Community Impact Assistance Account.
Amends the National Materials and Minerals Policy, Research and Development Act of 1980 to direct the Secretary of Agriculture to initiate prompt actions to improve the availability and analysis of mineral data in public land use decision-making with respect to National Forest System lands.
Amends the Energy Policy Act of 1992 to subject certain oil shale claims to the reclamation requirements of this Act.
Repeals the Building Stone Act and the Saline Placer Act.
Status of the Legislation
Latest Major Action: 2/26/2009: House committee/subcommittee actions. Status: Subcommittee Hearings Held.
Points in Favor
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Points Against
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Visitor Comments
Glynn Burkhardt
February 9, 2009, 8:46pm (report abuse)Rahall is in the pocket of huge global mining corporations and industrial socialists. The requirements in this bill will financially break most small to medium domestic mining companies operating on federal lands due to the tremendous costs proposed. That will leave only the largest international mining corporations able to mine on federal lands through sweetheart deals made with the U.S government. They will then control the markets much as the oil corporations and cartels do with oil products.
The U.S. economy will be harmed by this bill and the American public will lose their minerals to global cartels that will get the best prices from other nations.
Under this bill radical environmental groups will bring unending lawsuits against mining companies attempting to find or mine valuable minerals. It would retroactivly harm companies already operating on public lands by instituting provisions never considered during feasability studies. It would destroy hundreds of thousands of jobs.
mike
February 9, 2009, 10:45pm (report abuse)i oppose this
David West
February 9, 2009, 11:31pm (report abuse)This is completely unfair and unneeded legislation. Small scale mining does less harm to the enviornment and public lands than 4-wheelers and I haven't seen any legislation against that constituency. It is so vaguely worded that it will lead to selective enforcement which is inheerently unfair. With all of the financial troubles in the USA why would Congress try to take away a significant revenue stream from the economy?
mark womble
February 10, 2009, 5:40pm (report abuse)no no no
s. clark
February 11, 2009, 9:57am (report abuse)more crap from polticos disconnected from reality
R.C.M.
February 11, 2009, 5:34pm (report abuse)The Mineral Estate was Granted to the U.S. citizens. This one thing alone helped to tame the west and bring much needed capital. Placing restrictions on mining will only hurt the U.S.
When all around us are the benefits of MINING or Farming, why do people shoot themselves in the foot. Where do the items come from when the citizens are prevented from working.
Enviros are only hurting their childrens right to a prosperous future. Their own right to be on Public land will be the next court case after everyone else is not allowed.
mike
February 11, 2009, 6:02pm (report abuse)please be aware that this bill will have a long lasting negative impact on all of the public lands use for exploration of minerals throughout the united states not to mention the adverse affect on existing mining communities. I realize that we are in a financial crunch but this bill will not solve the problim. please leave access to public exploration alone.It is a constitional RIGHT to explore on public lands and wilderness lands.
Jim Dowell
February 12, 2009, 10:43pm (report abuse)NO NO NO! This law would just put more regulations on us recreational miners. The inviromentlists will try anything to shut us down.
KansasProspector
February 17, 2009, 4:52pm (report abuse)This bill is just another taking of the rights of the American people by the large corporations. Enough public lands have been taken by corporations. This bill would violate the basic premise of public lands that are for all to enjoy and use. Recreational miners/prospectors should not be screwed again as they have been in the past by unscientific reasoning or by the greed and corruption of the politicians.
HR 699 should be trashed and the current mining law left in place.
Al Hansen
February 22, 2009, 11:50pm (report abuse)The following are reasons why H.R. 699 is bad for America:
.Decimates security of land tenure by eliminating the rights to use and occupy public land for mineral purposes which will thwart exploration and development.
• Eliminating pre-discovery rights to enter, use and occupy public lands open to mineral entry creates intolerable uncertainty because exploration becomes a discretionary use of public land where permission to explore can be revoked at any stage. This loss of pre-discovery rights significantly increases the risks associated with mineral exploration and will lead to a substantial decline in mineral discoveries and future mineral production.
• Eliminating the right to use and occupy non-mineral public lands for ancillary facilities such as processing facilities, unmineralized rock storage areas, roads, etc., and making these uses discretionary, also creates intolerable uncertainties which will thwart mine development.
Randy Waters
February 23, 2009, 1:43am (report abuse)This is totally un-necessary. Please vote against it.
Mineral Estate Grantee
February 23, 2009, 2:04am (report abuse)Ladies/Gentlemen:
Though this letter pertains to the attempt last Session to interfere with the mineral estate trust property, it would answer the current, apparent attempt; though in actuality it may not actually affect our property being H.R. 699 pertains to the "legal and beneficial title" both being held by the United States, in contradistinction to the 1866 trust property where the "beneficial title" is held by qualifying American men or women.
I have been, previously, authorized to distribute the letter of Ron Gibson, the Vice President of the Southwestern Oregon Mining Association, responding to the threat H.R. 2262 posed to mining for the widest possible dissemination.
The images attached are of the letter sent to Oregon Senator Smith on January 18, 2008, with "CC:" to Oregon Congressman Walden regarding the H.R. 2262 matter currently at committee in the Senate as of January 24, 2008.
Mineral Estate Grantee
February 23, 2009, 2:06am (report abuse)Feel free to distribute to all who may be interested in understanding how fundamental the right to "mining" is and that the grant of 1866, made no provision for any continuing regulation authority over mining development, access, or occupation, those activities so-called "reasonably incident to" developing the mineral estate on the public domain.
Thorough review and study of the authorities contained in the letter show the absoluteness and far-reaching ramifications, the complete "unconditionability," of the grant of 1866, and how the law supporting it interposes itself successfully against any purported authority an agency of government might believe it wields to regulate "mining" activities. It is mind-boggling to see how far "we" have strayed from the simple law expressed in the grant:
Mineral Estate Grantee
February 23, 2009, 2:07am (report abuse)Page One:
[http://i581.photobucket.com/albums/ss254/Mineral_Estate_Grantee/Gibson... />
Page Two:
[http://i581.photobucket.com/albums/ss254/Mineral_Estate_Grantee/Gibson...
Mineral Estate Grantee
February 23, 2009, 2:15am (report abuse)Page One:
[http://i581.photobucket.com/albums/ss254/Mineral_Estate_Grantee/Gibson... />
Page Two:
[http://i581.photobucket.com/albums/ss254/Mineral_Estate_Grantee/Gibson...
Don
(logged in user) February 23, 2009, 3:53am (report abuse)This hellish bill needs to be defeated. The USA can't afford any more hits to its economy. This is the exact opposite of an economic stimulus. This is an anti-stimulus bill by greedy politicians serving special interests not the people of America. They are committing treason against this country and it's people.
Mineral Estate Grantee
February 23, 2009, 2:25pm (report abuse)On Behind the Woodshed with Hal Anthony, Very important discussions on your Right to the minerals under the Law '1866 Mineral Estate Trust Act/Grant'...Understanding the Immense Power, Importance and Availability to All Americans and everyone's right to ingress and egress. Citing Case Law citations showing No agency has the subject matter authority to interfere with your lawful location, entry, or development of the Minerals under this Grant. Powerful, Powerful information folks.
Show times: 3pm ET 5 days a week 12 PM Pacific Time on RTRRadio.com
Taking phone calls and Questions on the subject matter
Call in Number: 505 715 6522
Special Guests: The law and You if you choose to participate. Please do.
Behind the Woodshed Archives:
http://www.restoretherepublicradio.com/?page=archives/Default.aspx%3fsh...
Phil
(logged in user) February 23, 2009, 8:04pm (report abuse)I agree with Don (Feb 23, 3:53a.m)
This bill is a bad idea.
Thomas Parle
February 23, 2009, 9:49pm (report abuse)This bill is just another slam to small scale miners. Mining is what some people do. Politics is what others do. Why are our elected leaders trying to take away from us. Stop trying to regulate something that already has rule and laws as to how we can mine. Enough is enough. Everybody has their hand in my pocket. I pay taxes, payed for my claims, pay for permits and pay for equipment. Enough!!!
Nate
March 3, 2009, 8:30pm (report abuse)Go ahead pass the damn law. I'll just be happy to see those that try to enforce it. Perhaps a new hunting season for us miners.
martin
March 11, 2009, 10:09am (report abuse)With gold prices about to soar, this is the last thing our economy needs right now. Under this bill, miners may be forced to involuntarily forfeit their claim if they do not present required paperwork upon request. This is an
unconstitutional attempt to seize mining lands from individuals and small companies.
Investors will no longer want to invest in small mining companies if this bill is passed. That will remove funding from one of America's most lucrative growth
sectors. The politicians have already nearly destroyed our economy. If they want really to kill something, they should kill this bill instead.
FSO1
March 11, 2009, 12:14pm (report abuse)One of many bad ideas by the liberals. When will voters hold these knotheads accountable.
Alfred Hansen
March 13, 2009, 5:03pm (report abuse)HR699--Anti Mineral Interest Legislation Now Pending Approval. This bill will destroy Oregon's mining industry, aswell as all other western states, and further destroy Economy.
And further the bill is designed to strip all legal rights that miners have under the
1866, 70 & 72 mining laws that defines what “legal and beneficial title” is, so the Public Domain mineral rights held in trust by the United States of America; can be given to China, as promised by Hillary Clinton in her visit, for a guarantee to cover all the outstanding loans to the United States Government Corporation and to the Independent Federal Reserve.
Joseph
March 13, 2009, 10:27pm (report abuse)Our country is behind the rest of the world because of backward thinking of politicians. Everything comes from mining directly or indirectly. They like their fancy cars and homes and toys. Just where do they think they come from? This kind of legislation only makes us more dependent on other countries that don't like us and on top of that more money leaves this country than comes in that is an increase in the balance of trade deficit. We need to get these politicians out of office on their next elections.
J Putnik
March 14, 2009, 5:26pm (report abuse)Mankind passes from the old to the new on a human bridge formed by those who labor in these principal arts Agriculture, Manufacture/Mining, Transportation.
Do we want to left in the old???
MDS
March 15, 2009, 11:31am (report abuse)I think america made a mistake electing democrats. All their legislation is like this.
vikings
March 15, 2009, 10:52pm (report abuse)god bless you guys. please continue to fight these low-life turds that keep taking our rights away from us.
i swear we are on the doorstep of communism right now.
we need another boston tea party..
Dale Fitzgerald
March 16, 2009, 12:27pm (report abuse)This bill must be stopped! It will destroy the mining industry and a way of life that helped settle the west. We already have existing mining laws.
davel
(logged in user) March 17, 2009, 11:27pm (report abuse)Its about time mining companies paid a royalty for the "free" minerals owned by the US puiblic. This law should be retroactive to minerals recovered over the last 100 years! For years we have given away our minerals while companies reap the profits and then leave messes for Superfund to clean-up.
The oil royalty for US lands should also be higher (at least 20%.) The USGS should give oil companies the finger and the US Oil Co., should be formed to develop US oil off shore and in Alaska.
Ed Pope
April 26, 2009, 6:03pm (report abuse)As someone who grew up in S. Oregon, watched the spotted owl nonsense destroy families lives, then witnessed first hand what socialism/communism can do and suffered at their hands (see: www.edmondpope.com), I can tell you the current "government" and its lackies in congress are taking us straight to hell in a hurry. This bill is just more of the creeping socialism with the next step being marxism/lenenism. The bottom line of where we are going is: NO personal respect, NO motivation, because the government "will take care of you"; i.e. we will be reduced to a homogenous population of "do nothihgs". Let's all get together and fight this. Ed
Fish Eye
May 25, 2009, 6:34am (report abuse)699 will kill small placer miners like me. The end effect will be to drive most small miners out of the country or out of business. The government will then hand over the best of the small family operator's claims to multinational mega-mining corporations. The rest of the claims will be permanently removed from mineral entry, as directed by the radical left wing environmental groups. I believe that the federal reserve is also involved in this matter, just as they were involved in pressuring FDR in the 1930's to make private gold possession illegal (up until 1974). Banks and government dislike small gold miners, because we can create new wealth (Gold) that is not easily regulated, and can leave bankers and the tax man out of the loop.
Bob Lowe
September 19, 2009, 4:17pm (report abuse)H.R. 699 is just another example of legislators being on the dole of the lobbyists of big business. We shouldn't forget that most of our legislators don't spend the money to get elected to look out for the interests of the common citizen - there is not much advantage in that. We get the government that we deserve.
Bob Lowe
September 19, 2009, 4:20pm (report abuse)Okay