Sec. 4. Special rules governing minerals management
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Of the lands withdrawn by section 2, locatable mineral activities in the approved Indian Creek Mine plan of operations, MTM–78300, shall be regulated pursuant to subparts 3715 and 3809 of title 43, Code of Federal Regulations. Of the lands withdrawn by section 2, the land area subject to the approved plan of operations shall permanently remain open to the amendment or relocation of mining claims (or both) under the Act of May 10, 1872 (commonly known as the General Mining Act of 1872; 30 U.S.C. 22 et seq. ) to the extent necessary to preserve the mining operations described in the approved plan of operations.
The Secretary of the Army shall make no determination that the disposition of or exploration for minerals as provided for in the approved plan of operations is inconsistent with the defense-related uses of the lands covered by the military land withdrawal. The coordination of such disposition of and exploration for minerals with defense-related uses of such lands shall be determined pursuant to procedures in an agreement provided for under subsection (c). Subject to the availability of funds appropriated for such purpose, the Secretary of the Army shall remove unexploded ordnance on lands withdrawn by section 2 that are subject to mining under subsection (a), consistent with applicable Federal and State law.
The Secretary of the Army may engage in such removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine pursuant to subsection (a). The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding the unexploded ordnance removal activities for the previous fiscal year performed pursuant to this subsection. The report shall include— the amounts of funding expended for unexploded ordnance removal on the lands withdrawn by section 2; and the identification of the lands cleared of unexploded ordnance and approved for mining activities by the Secretary of the Interior.
The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with regard to coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. The duration of the agreement shall be the same as the period of the withdrawal under section 2, but may be amended from time to time. The agreement shall provide the following: That Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM–78300, is invited to be a party to the agreement.
Provisions regarding the day-to-day joint-use of the Limestone Hills Training Area. Provisions addressing when military and other authorized uses of the withdrawn lands will occur. Provisions regarding when and where military use or training with explosive material will occur. Provisions regarding the scheduling of training activities conducted within the withdrawn area that restrict mining activities and procedures for deconfliction with mining operations, including parameters for notification and sanction of anticipated changes to the schedule.
Provisions regarding liability and compensation for damages or injury caused by mining or military training activities. Provisions for periodic review of the agreement for its adequacy, effectiveness, and need for revision. Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area. Procedures for scheduling of the removal of unexploded ordnance. Until such time as the agreement required under subsection
(c)becomes effective, the compatible joint use of the lands withdrawn and reserved by section 2 shall be governed, to the extent compatible, by the terms of the 2005 Memorandum of Agreement among the Montana Army National Guard, Graymont Western US Inc. and the Bureau of Land Management.
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Sec. 4
Special rules governing minerals management
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