The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“MINING CLAIM MAINTENANCE ACT OF 2001” mentioning the Department of Interior was published in the Extensions of Remarks section on pages E373 on March 15, 2001.
The publication is reproduced in full below:
MINING CLAIM MAINTENANCE ACT OF 2001
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HON. NICK J. RAHALL II
of west virginia
in the house of representatives
Thursday, March 15, 2001
Mr. RAHALL. Mr. Speaker, today I am introducing legislation aimed at giving the appropriate authorizing committee of the House an opportunity to do its job and resolve a matter that has had to be addressed by appropriations measures instead. In this regard, the legislation being introduced today would make permanent two provisions relating to the management of mining claims under the Mining Law of 1872.
First, the ``Mining Claim Maintenance Act of 2001'' would make permanent a provision first enacted into law on a temporary basis by the Omnibus Budget Reconciliation Act of 1993 and then reauthorized through 2001 by the Omnibus Appropriations Act for fiscal year 1999 requiring that holders of unpatented mining claims, mill and tunnel sites under the Mining Law of 1872 pay the Interior Department a $100 per year maintenance fee in order to hold the claim or site, as well as pay a one-time $25 location fee.
This provision is in lieu of the 1872 requirement that the holder of a claim or site conduct $100 per year of ``assessment work'' in order to maintain the claim or site and the associated annual filing requirement under the Federal Land Policy and Management Act of 1976.
As with current law, provision is also made in this legislation to waive this requirement for holders of valid oil shale claims who must comply with a different regime as set forth under the Energy Policy Act of 1992, as well as for individuals holding 10 or fewer mining claims.
Since this provision has been in effect, speculation on public domain lands under the guise of the Mining Law of 1872 has been dramatically reduced. Indeed, in the year this requirement went into effect there were over 3 million mining claims located on the public lands. Today, there are about 253,000.
Further, as with the current practice, I would expect that the Appropriations Committee would utilize the receipts from the holding fee for the purpose of offsetting the cost of the Interior Department administering the mining law program.
Second, this legislation would make permanent a provision that was first included in the fiscal year 1995 Interior Appropriations Act placing a moratorium on the issuance of what is known as a ``patent'' for any mining claim and mill site claim except in those situations where ``grandfather'' rights may exist. The purpose of this provision is to eliminate the absurd practice embodied in the Mining Law of 1872 that allows corporations to receive a patent, which represents fee simple title, to public domain lands encumbered by valid mining or mill site claims at $2.50 or $5.00 an acre depending on the type of claim involved.
Mr. Speaker, both of these provisions have received overwhelmingly bipartisan support when debated as part of the Interior Appropriations legislation over the past several years. I have wholeheartedly supported these actions, and would hope that the Appropriators will continue to include these provisions in the upcoming budget bills if the Resources Committee fails to act. Nonetheless, it is properly the duty of the authorizing committee, the Resources Committee, to address this issue.
These two provisions--the imposition of a maintenance fee and the end to patenting--are part of a larger issue relating to the need to reform the 1872 Mining Law. Unlike other extractive industries, such as coal, timber or oil and gas development, the hard rock mining industry enjoys a special status, provided under the 1872 Mining Law, that allows access and free use of our Nation's rich public domain lands.
As responsible stewards of the public domain and to meet our responsibilities to the American people, it is incumbent upon us to rethink and reform the Mining Law of 1872. To that end, in the near future I will again introduce comprehensive mining law reform legislation.
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