S. 544 — Mining Regulatory Clarity Act

This section revises mill site provisions under the General Mining Law of 1872 (30 U.S.C. 42) to authorize multiple mill sites of up to 5 acres each on public lands reasonably necessary for operations (i.e., waste disposal, tailings, or other activities incident to mineral development) associated with an approved plan of operations for a lode or placer claim; establishes the Abandoned Hardrock Mine Fund in the Treasury, to be funded by claim maintenance fees on such mill sites and used without further appropriation for the abandoned hardrock mine reclamation program (30 U.S.C. 1245); and makes conforming amendments to the claim maintenance fee statute (30 U.S.C. 28f). (1) Mill sites.—New mill sites do not convey mineral rights, are ineligible for patenting, may overlap existing lode or placer claims, and are subject to existing regulatory requirements (e.g., plans of operations under 43 C.F.R. pt. 3809 or 36 C.F.R. pt. 228); various savings clauses preserve federal land management authorities, withdrawals, and environmental laws (e.g., FLPMA, Wilderness Act, Endangered Species Act). (2) Abandoned Hardrock Mine Fund.—Fees collected under 30 U.S.C. 28f(a)(1) from these mill sites are deposited into the fund, with expenditures allocated 50% for grants to states and Indian tribes and 50% for activities by the Secretary of the Interior on federal lands, consistent with the program's existing authorization of $3 billion (30 U.S.C. 1245(e)). (Thus, the fund provides a dedicated, ongoing revenue source for inventorying, assessing, reclaiming, and remediating abandoned hardrock mine lands affecting public health, safety, and the environment, supplementing the initial authorization.) (3) Clerical amendments.—Updates references in 30 U.S.C. 28f to include mill sites under the revised 30 U.S.C. 42(c).