S. 796 would modify the requirements applicable to locatable minerals on public domain land.
Detailed Summary
Hardrock Mining and Reclamation Act of 2009 - Prohibits the issuance of a federal patent for any mining claim, millsite, or tunnel site (claim or site) unless the Secretary of the Interior determines that: (1) a patent application was filed by September 30, 1994; and (2) all application requirements were fully complied with by such date.
Prescribes a mandatory claim maintenance fee and location fee for each claim or site.
States that failure to perform assessment work, pay a mandatory maintenance or location fee, or file timely notice of location shall: (1) conclusively constitute forfeiture; and (2) make the claim or site null and void.
Subjects production of locatable minerals from any mining claim to a royalty of between 2 % and 5% of the value of the production, not including reasonable transportation, beneficiation, and processing costs.
Authorizes the Secretary to grant royalty relief.
Directs the Secretary to establish a comprehensive inspection, collection, fiscal, and production accounting and auditing system to: (1) determine accurately any royalties, interest, fines, penalties, fees, deposits, and other payments owed; and (2) collect and account for such payments in a timely manner.
Requires a permit to engage in the following activities on federal land: (1) mineral activities that would disturb surface resources, including land, air, water, and fish and wildlife; and (2) exploration and mineral activities that involve more than casual use of the land.
Prescribes requirements for mining permits.
Requires an operator to give the Secretary specified financial assurances before beginning any mineral activities requiring an exploration or mining permit in order to ensure reclamation and restoration of any land or water adversely affected by the activities.
Establishes the Hardrock Minerals Reclamation Fund for the reclamation and restoration of land and water resources adversely affected by past hardrock minerals and mining and related activities in abandoned hardrock mine states, and on Indian land located within the exterior boundaries of abandoned hardrock mine states.
Subjects each operator of a hardrock minerals mining operation to an abandoned mine land reclamation fee.
Status of the Legislation
Latest Major Action: 7/14/2009: Senate committee/subcommittee actions. Status: Committee on Energy and Natural Resources. Date of scheduled hearing. SD-366. 10:00 a.m.
Points in Favor
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Points Against
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Visitor Comments
Glynn Burkhardt
July 21, 2009, 4:26pm (report abuse)U.S. Senator Harry Reid and U.S. Representative Nick Rahall are now poised to lead in the destruction of a fundamental and foundational industry within our country. The domestic metals mining industry is necessary for Americans to maintain and improve their quality of life. However, Congressmen Reid and Rahall wish to gain passage of Senate Bill 796, a bill that would be devastating to our domestic metals mining industry.
It has become very obvious that Congressman Reid and Rahall are in the pockets of huge financial and global mining corporations as well as radical green organizations. They have shown that they are willing to sell out mining as well as America’s future for campaign support and political favors.
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Glynn Burkhardt
July 21, 2009, 4:28pm (report abuse)Senate Bill 796, “The Ghost Town Act of 2009,” will cause significant and irreversible damage to America as it will bring domestic mineral exploration and mining to a grinding halt. The tremendous number of new regulatory requirements and the compliance costs as well as the royalty proposed inS796, when added to the high taxes already levied on produces metals, will financially break most domestic mining operations located on federal lands.
Almost everything you use in your daily life was manufactured or produced using metal. Whether it’s the coal powered electric plant and the wires to deliver your power, The materials and tools used to build, furnish and maintain your home, The pavement on the roads, The components of your auto, cell phone, clothes, computers, toys, desks, pencils and paper and all food and shipping containers, the water for your home as well as trucks and trains to transport products to market.
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Glynn Burkhardt
July 21, 2009, 4:30pm (report abuse)This bill would institute many provisions never considered during economic feasibility studies for currently operating mines and other provisions contained in this bill will enable radical environmental extremists, many funded by anti-American overseas parent organizations, to bring unending lawsuits against mining companies and the U.S. Government in their ongoing efforts to damage America.
The abuse of the industry that will be imposed if S796 passes into law, will force most mining companies as well as associated industries and businesses operating within the U.S. to close shop, move, and/or outsource hundreds of thousands of jobs.
The passage of S796 will cause the loss of billions of dollars in local, state and federal taxes currently used to finance education, local governments and national programs.
S796, “The Ghost Town Act of 2009” will cause the impoverishment of the residents in hundreds of towns and rural areas across America.
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Glynn Burkhardt
July 21, 2009, 4:32pm (report abuse)Passage of this bill will leave only the largest international mining corporations in control of U.S mineral production. The international mining corporations will then control the metals markets much as petroleum corporations control the price of fuel and other oil products in our country today.
The U.S. economy and the people of the United States must not be subjected to the harm the passage of S796 would inflict upon America, at a time when every job creating industry is essential and at a time when metals production will help bolster America’s staggering economy.
Senator Reid and Congressman Rahall need to halt this attack on the metals mining industry.