Sec. 102. Definitions and references

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As used in this title: The term affiliate means with respect to any person, any of the following: Any person who controls, is controlled by, or is under common control with such person. Any partner of such person. Any person owning at least 10 percent of the voting shares of such person. The term applicant means any person applying for a permit under this title or a modification to or a renewal of a permit under this title. The term beneficiation means the crushing and grinding of locatable mineral ore and such processes as are employed to free the mineral from other constituents, including but not necessarily limited to, physical and chemical separation techniques.

The term casual use — subject to subparagraphs

(B)and (C), means mineral activities that do not ordinarily result in any disturbance of public lands and resources; includes collection of geochemical, rock, soil, or mineral specimens using handtools, hand panning, or nonmotorized sluicing; and does not include— the use of mechanized earth-moving equipment, suction dredging, or explosives; the use of motor vehicles in areas closed to off-road vehicles; the construction of roads or drill pads; and the use of toxic or hazardous materials. The term claim holder means a person holding a mining claim, millsite claim, or tunnel site claim located under the general mining laws and maintained in compliance with such laws and this title. Such term may include an agent of a claim holder. The term control means having the ability, directly or indirectly, to determine (without regard to whether exercised through one or more corporate structures) the manner in which an entity conducts mineral activities, through any means, including without limitation, ownership interest, authority to commit the entity’s real or financial assets, position as a director, officer, or partner of the entity, or contractual arrangement. The term exploration — subject to subparagraphs

(B)and (C), means creating surface disturbance other than casual use, to evaluate the type, extent, quantity, or quality of minerals present; includes mineral activities associated with sampling, drilling, and analyzing locatable mineral values; and does not include extraction of mineral material for commercial use or sale. The term Federal land means any land, and any interest in land, that is owned by the United States and open to location of mining claims under the general mining laws and subtitle B of this title. The term Indian lands means lands held in trust for the benefit of an Indian tribe or individual or held by an Indian tribe or individual subject to a restriction by the United States against alienation. The term Indian tribe means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. The term locatable mineral — subject to subparagraph (B), means any mineral, the legal and beneficial title to which remains in the United States and that is not subject to disposition under any of— the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ); the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ); the Act of July 31, 1947, commonly known as the Materials Act of 1947 ( 30 U.S.C. 601 et seq. ); or the Mineral Leasing for Acquired Lands Act ( 30 U.S.C. 351 et seq. ); and does not include any mineral that is subject to a restriction against alienation imposed by the United States and is— held in trust by the United States for any Indian or Indian tribe, as defined in section 2 of the Indian Mineral Development Act of 1982 ( 25 U.S.C. 2101 ); or owned by any Indian or Indian tribe, as defined in that section. The term mineral activities means any activity on a mining claim, millsite claim, or tunnel site claim for, related to, or incidental to, mineral exploration, mining, beneficiation, processing, or reclamation activities for any locatable mineral. The term mining claim — subject to subparagraph (B), means a claim located under the Mining Law of 1872 within the boundaries of which exist locatable minerals the claimant intends to extract; does not include a claim located for the purpose of securing Federal lands for a waste rock dump, tailings pile, or other purposes incident to processing locatable minerals extracted elsewhere. The term National Conservation System unit means any unit of the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, or National Trails System, or a National Conservation Area, a National Recreation Area, a National Monument, or any unit of the National Wilderness Preservation System. The term operator means any person proposing or authorized by a permit issued under this title to conduct mineral activities and any agent of such person. The term person means an individual, Indian tribe, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative, or other organization and any instrumentality of State or local government including any publicly owned utility or publicly owned corporation of State or local government. The term processing means processes downstream of beneficiation employed to prepare locatable mineral ore into the final marketable product, including smelting and electrolytic refining. The term Secretary means the Secretary of the Interior, unless otherwise specified. The term temporary cessation means a halt in mine-related production activities for a continuous period of no longer than 5 years. The term undue degradation means, based on consideration of other resource values that may be affected, the operation or proposed operation fails to comply with the performance standards in this title or can reasonably be expected to cause significant environmental harm to wildlife; land, air, or water resources; or scientific or cultural resources. The term valid existing rights means a mining claim or millsite claim located on lands described in section 121(b), that— was properly located and maintained under the general mining laws prior to the date of enactment of this Act; was supported by a discovery of a valuable mineral deposit within the meaning of the general mining laws on the date of enactment of this Act, and, for millsite claims, does not involve more than one mill site for every mining claim located for that operation; and continues to be valid under this title. Any reference in this title to the term general mining laws is a reference to those Acts that generally comprise chapters 2, 12A, and 16, and sections 161 and 162, of title 30, United States Code. Any reference in this title to the Act of July 23, 1955, is a reference to the Act entitled An Act to amend the Act of July 31, 1947 (61 Stat. 681) and the mining laws to provide for multiple use of the surface of the same tracts of the public lands, and for other purposes ( 30 U.S.C. 601 et seq. ).

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