Sec. 2933. SPECIAL RULES GOVERNING MINERALS MANAGEMENT

632 words·~3 min read·/statute-compilations/comps-11141/sec-2933

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## SEC. 2933 SPECIAL RULES GOVERNING MINERALS MANAGEMENT ###

(a)Indian Creek Mine ####

(1)In general Of the land withdrawn by section 2931, locatable mineral activities in the approved Indian Creek Mine plan of operations, MTM-78300, shall be regulated in accordance with subparts 3715 and 3809 of title 43, Code of Federal Regulations. ####

(2)Restrictions on secretary of the army #####

(A)In general 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 described in paragraph

(1)is inconsistent with the defense-related uses of the land withdrawn under section 2931. #####

(B)Coordination The coordination of the disposition of and exploration for minerals with defense-related uses of the land shall be determined in accordance with procedures in an agreement provided for under subsection (c). ###

(b)Removal of Unexploded Ordnance on Land to Be Mined ####

(1)Removal activities #####

(A)In general Subject to the availability of funds appropriated for such purpose, the Secretary of the Army shall remove unexploded ordnance on land withdrawn by section 2931 that is subject to mining under subsection (a), consistent with applicable Federal and State law. #####

(B)Phases The Secretary of the Army may provide for the removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine under subsection (a). ####

(2)Report on removal activities #####

(A)In general The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding any unexploded ordnance removal activities conducted during the previous fiscal year in accordance with this subsection. #####

(B)Inclusions The report under this paragraph shall include— ######

(i)a description of the amounts expended for unexploded ordnance removal on the withdrawn land during the period covered by the report; and ######

(ii)the identification of the land cleared of unexploded ordnance and approved for mining activities by the Secretary of the Interior. ###

(c)Implementation Agreement for Mining Activities ####

(1)In general The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with respect to the coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. ####

(2)Duration The duration of the agreement shall be equal to the period of the withdrawal under section 2936, but may be amended from time to time. ####

(3)Requirements The agreement shall provide the following: #####

(A)That Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM-78300, shall be invited to be a party to the agreement. #####

(B)Provisions regarding the day-to-day joint-use of the Limestone Hills Training Area. #####

(C)Provisions addressing periods during which military and other authorized uses of the withdrawn land will occur. #####

(D)Provisions regarding when and where military use or training with explosive material will occur. #####

(E)Provisions regarding the scheduling of training activities conducted within the withdrawn land that restrict mining activities. #####

(F)Procedures for deconfliction with mining operations, including parameters for notification and resolution of anticipated changes to the schedule. #####

(G)Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area. #####

(H)Procedures for scheduling of the removal of unexploded ordnance. ###

(d)Existing Memorandum of Agreement Until the date on which the agreement under subsection

(c)becomes effective, the compatible joint use of the land withdrawn and reserved by section 2931 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.