Sec. 103. Application rules

463 words·~2 min read·/bill/113/hr/2467/ih/section-103

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

This title applies to any mining claim, millsite claim, or tunnel site claim located under the general mining laws, before, on, or after the date of enactment of this Act, except as provided in subsection (b). Any unpatented mining claim or millsite claim located under the general mining laws before the date of enactment of this Act for which a plan of operation has not been approved or a notice filed prior to the date of enactment shall, upon the effective date of this title, be subject to the requirements of this title, except as provided in paragraphs

(2)and (3). If a plan of operations is approved for mineral activities on any claim or site referred to in paragraph

(1)prior to the date of enactment of this Act but such operations have not commenced prior to the date of enactment of this Act— during the 5-year period beginning on the date of enactment of this Act, mineral activities at such claim or site shall be subject to such plan of operations; during such 5-year period, modifications of any such plan may be made in accordance with the provisions of law applicable prior to the enactment of this Act if such modifications are deemed minor by the Secretary concerned; and the operator shall bring such mineral activities into compliance with this title by the end of such 5-year period. Where an application for modification of a plan of operations referred to in subparagraph (A)(ii) has been timely submitted and an approved plan expires prior to Secretarial action on the application, mineral activities and reclamation may continue in accordance with the terms of the expired plan until the Secretary makes an administrative decision on the application. Any Federal land shall be subject to the requirements of section 112(a)(2) if the land is— subject to an operations permit; and producing valuable locatable minerals in commercial quantities prior to the date of enactment of this Act. Any Federal land added through a plan modification to an operations permit on Federal land that is submitted after the date of enactment of this Act shall be subject to the terms of section 112(a)(3). The provisions of this title (including the environmental protection requirements of subtitle C) shall apply in the same manner and to the same extent to mining claims, millsite claims, and tunnel site claims used for beneficiation or processing activities or activities related to, or incidental to, such mineral activities for any mineral without regard to whether or not the legal and beneficial title to the mineral is held by the United States. This subsection applies only to minerals that are locatable minerals or minerals that would be locatable minerals if the legal and beneficial title to such minerals were held by the United States.