Sec. 101. Closure to entry and location

770 words·~4 min read·/bill/118/hr/3495/ih/section-101

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

Except as otherwise provided in this section, as of the effective date of this Act, all Federal land is closed to entry and location under the general mining laws, and no new rights under the general mining laws may be acquired. Any claim under the general mining laws existing on the effective date of this Act for which a plan of operations is not approved, or a notice of operations is not filed, before such date shall be subject to the requirements of this Act, and may remain in effect until not later than the end of the 10-year period beginning on such date if the claim holder remains in compliance with section 109, unless the claim holder— relinquishes the claim; or demonstrates eligibility for a lease and requests conversion under the regulations issued under subsection (d).

The 10-year period referred to in paragraph

(1)shall be shortened to 3 years if— the claim is for an area that is located in an area withdrawn or temporarily segregated from location under the general mining laws as of the effective date of this Act; or the claim belongs to a small miner. The Secretary concerned may convert a claim described in paragraph

(1)to a noncompetitive mining lease pursuant to the regulations issued under subsection

(d)if such Secretary determines that the claim holder has shown the presence of a valuable mineral deposit on the land subject to such claim. Any claims described in paragraph

(1)not converted to noncompetitive leases under paragraph

(3)at the end of the applicable period under paragraph

(1)or

(2)shall be void. In the case of any claim under the general mining laws for which a plan of operations has been approved but for which operations have not commenced before the on the effective date of this Act— during the 10-year period beginning on the effective date of this Act— mineral activities on lands subject to such claim shall be subject to such plan of operations; and the Secretary shall allow the operator to make changes to such plan subject to applicable law as in effect on the day before the effective date of this Act if the Secretary determines that the requested changes are minor; and the operator shall bring such mineral activities into compliance with this Act by the end of such 10-year period. If an application for modification of a plan of operations referred to in paragraph (1)(A)(ii) has been timely submitted by the claim holder and an approved plan of operations expires before the Secretary concerned takes action on such application, mineral activities and reclamation may continue in accordance with the terms of the expired plan of operations until the Secretary concerned makes an administrative decision on the application. A claim described in paragraph

(1)may remain in effect for a period of not more than 10 years. A claim described in paragraph

(1)that is not converted to a noncompetitive lease pursuant to the regulations issued under subsection

(d)before the end of such period shall, beginning on the first date after the end of such period, be subject to a fee of $100 per acre per day until such claim is converted to a noncompetitive lease. Not later than 1 year after the effective date of this Act, the Secretary shall issue regulations regarding the conversion of existing mining claims to noncompetitive mining leases. Such regulations shall— prohibit the conversion of a mining claim to a mining lease by a claim holder who is in violation of this Act or other State or Federal environmental, health, or worker safety laws; allow the Secretary to exercise discretion to include nonmineral lands within the boundaries of any millsite associated with the mining claim to be converted to a noncompetitive lease; prohibit the area in any noncompetitive mining lease issued under this section from exceeding the maximum area authorized by this Act to be leased to any person; require the consent of the surface managing agency for conversion of a mining claim to a noncompetitive mining lease; require the financial terms of the converted noncompetitive mining lease to be the same as those provided in this Act for other hardrock mining leases; and include any other terms the Secretary considers appropriate. The Secretary is not required to conduct an environmental analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to issue a noncompetitive mining lease under this section, unless such noncompetitive mining lease modifies or extends the surface disturbance already authorized under a mine plan of operations covering the mining claim that is converted.

Connections1 off-index

1 reference not yet in our index

42 USC 4321

Citation graph

cites case law

Sec. 101

Closure to entry and location

Cite42 USC 4321

Cites 1Cited by 0 across 0 sources