Mining on Federal Lands (CRS Report for Congress)
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| Release Date |
Revised May 9, 2005 |
| Report Number |
IB89130 |
| Authors |
Marc Humphries, Resources, Science, and Industry Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
Proposals to reform the General Mining Law of 1872 were reintroduced early in the108th Congress. The Elimination of Double Subsidies for the Hardrock Mining Industry Actof 2003 (S. 44) was introduced in the Senate on January 7, 2003. A second bill, theAbandoned Hardrock Mines Reclamation Act (H.R. 504), was introduced in the House onJanuary 29, 2003. A broad-based third bill, the Mineral Exploration and Development Actof 2003 (H.R. 2141) was introduced on May 15, 2003, to overhaul the General Mining Lawof 1872. No action was taken on those measures. But because there is some bipartisaninterest in reforming the law, it is likely that similar bills will be introduced and hearings willbe scheduled on mining issues in the 109th Congress.Also in both sessions of the 108th Congress, the Interior and Related Agenciesappropriations bill supported the retention of the patent moratorium, which does not allowthe issuance of new patents on mining claims. New maintenance and location fees wereestablished at $126 and $32 per claim, respectively, beginning September 1, 2004. Theamount of the increase was determined by the Consumer Price Index (43 CFR 3833.1-5).Two controversial mineral issues were resolved during the 108th Congress. Oneinvolved the regulations that govern surface management of hardrock mining operations (43C.F.R. 3809). A November 18, 2003, federal district court decision supported the BushAdministration's revision of the rules (66 Fed. Reg. 54834) that removed some of thecontroversial changes made by the Clinton Administration.The second issue involved mining millsites. A legal opinion on millsites released bythe Bush Administration on October 7, 2003, allowed for multiple millsites per mining claimif necessary. This decision overturned a Clinton Administration decision that allowed onlyone millsite per claim.
