Sec. 202. Definitions and references
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As used in this title: The term beneficiation means the crushing and grinding of hardrock 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 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 crude ore means ore in its unprocessed form, containing profitable amounts of the target mineral.
The term displaced material means any crude ore and waste dislodged from its location at the time hardrock mining begins at surface, underground, or in-situ mines. The term exploration means surface disturbance to evaluate the type, extent, quantity, or quality of minerals present including sampling, drilling, and analyzing hardrock mineral values. The term Federal land means any land, including mineral interests, owned by the United States without regard to how the United States acquired ownership of the land and without regard to the agency having responsibility for management thereof, except Indian lands.
The term hardrock means any mineral mined under the Mining Law of 1872 ( 30 U.S.C. 22–54 ), and with respect to State, Indian, and private lands, any minerals on those lands that would be considered hardrock minerals if such minerals had been mined under the Mining Law of 1872. The term hardrock mining operation means any activities or operations conducted to mine minerals under the Mining Law of 1872 ( 30 U.S.C. 22–54 ), and, with respect to State, Indian, and private lands, any activities or operations conducted on such lands to mine minerals that would be considered hardrock minerals if such minerals had been mined under the Mining Law of 1872:
Provided, however , That if subsequent to the date of enactment of this Act, any minerals mined under the Mining Law of 1872 are transferred from the requirements of the Mining Law of 1872 to different statutory requirements, those activities or operations conducted on lands to mine those minerals so transferred will continue to be subject to the provisions 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 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 hardrock mineral.
The term operator means any person that conducts 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 hardrock mineral ore into the final marketable product, including but not limited to smelting and electrolytic refining.
The term Secretary means the Secretary of the Interior, unless otherwise specified. The term ton means 2,000 pounds avoirdupois (.90718 metric ton). The term waste means rock that must be fractured and removed in order to gain access to crude ore. 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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- 30 USC 22–54
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