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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6674 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6674
To amend the Omnibus Budget Reconciliation Act of 1993 to update
provisions related to the hardrock mining claim maintenance fee
established under that Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 11, 2025
Ms. Stansbury (for herself and Mr. Huffman) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Omnibus Budget Reconciliation Act of 1993 to update
provisions related to the hardrock mining claim maintenance fee
established under that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conserving Lands and Areas
Incompatible with Mining Act of 2025'' or the ``CLAIM Act of 2025''.
SEC. 2. HARDROCK MINING CLAIM MAINTENANCE FEE.
Subtitle B of title X of the Omnibus Budget Reconciliation Act of
1993 (30 U.S.C. 28f et seq.) is amended--
(1) by striking ``Secretary of the Interior'' each place it
appears and inserting ``Secretary'';
(2) in section 10101 (30 U.S.C. 28f)--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``of $100'' and all
that follows through the end and
inserting ``per claim or site,
respectively, in accordance with the
following:''; and
(II) by adding at the end the
following:
``(A) For a claim or site the majority of which is
located within the boundary of a covered area, $1,100.
``(B) For a claim or site the majority of which is
located between 0 and 10 miles from the boundary of a
covered area, $1,000.
``(C) For a claim or site the majority of which is
located between 10 and 20 miles from the boundary of a
covered area, $700.
``(D) For a claim or site the majority of which is
located between 20 and 30 miles from the boundary of a
covered area, $500.
``(E) For a claim or site the majority of which is
located more than 30 miles from the boundary of a
covered area, $300.'';
(ii) in paragraph (2), by striking the
second sentence; and
(iii) by adding at the end the following:
``(3) Fee in lieu of assessment work.--A claim
maintenance fee paid in accordance with paragraph (1)
or (2) shall be in lieu of the assessment work
requirement contained in the Mining Law of 1872 (30
U.S.C. 28-28e) and the related filing requirements
contained in subsections (a) and (c) of section 314 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1744(a) and (c)).
``(4) Exemption for small miners.--Paragraphs (1)
and (2) and any assessment work required by the Mining
Law of 1872 (30 U.S.C. 28 et seq.) do not apply with
respect to a small miner.''; and
(B) by striking subsection (d);
(3) in section 10105 (30 U.S.C. 28j), by amending
subsection (c) to read as follows:
``(c) Fee Adjustments.--
``(1) Inflation.--The Secretary shall, not less than once
every 5 years after the date of the enactment of the CLAIM Act
of 2025, adjust each fee paid under this section to reflect
changes in the Consumer Price Index published by the Bureau of
Labor Statistics of the Department of Labor, or more frequently
if the Secretary determines an adjustment to be reasonable.
``(2) Notice.--The Secretary shall provide each claimant
notice of any adjustment made under this subsection not later
than July 1 of the year in which the adjustment is made.
``(3) Applicability.--A fee adjustment made under this
subsection shall begin to apply in the calendar year following
the calendar year in which it is made.''; and
(4) by adding at the end the following:
``SEC. 10107. USER FEES.
``The Secretary may establish and collect from each person subject
to the requirements of this subtitle such user fees as may be necessary
to reimburse the United States for expenses incurred in the
administration of such requirements.
``SEC. 10108. USE OF CLAIM MAINTENANCE FEES.
``(a) In General.--The Secretary shall use amounts paid to the
Secretary pursuant to section 10101(a) to administer the mining laws of
the United States.
``(b) Allocation of Excess Amounts.--With respect to a given fiscal
year, if amounts paid to the Secretary pursuant to section 10101(a) are
in excess of the amount required for the Secretary to administer the
mining laws of the United States, the Secretary shall allocate such
excess amounts in accordance with the following:
``(1) 40 percent to the program established by the
Secretary under section 40704(a) of the Infrastructure
Investment and Jobs Act (30 U.S.C. 1245(a)).
``(2) 20 percent to the Tribal Historic Preservation
Program.
``(3) 20 percent to the States on the basis of the ratio of
the number of patented and unpatented mining claims, mill
sites, and tunnel sites located pursuant to the mining laws of
the United States located within a State to the total number of
patented and unpatented mining claims, mill sites, and tunnel
sites located pursuant to the mining laws of the United States.
``(4) 10 percent to the Land and Water Conservation Fund
established under section 200302 of title 54, United States
Code, which shall be considered income to the Land and Water
Conservation Fund for purposes of section 200302 of that title.
``(5) 10 percent to the National Parks and Public Land
Legacy Restoration Fund established by section 200402(a) of
title 54, United States Code.
``SEC. 10109. DEFINITIONS.
``In this subtitle:
``(1) Casual use.--The term `casual use'--
``(A) means mineral activities that do not
ordinarily result in any disturbance of Federal land
and resources;
``(B) includes collection of geochemical, rock,
soil, or mineral specimens using handtools, hand
panning, or nonmotorized sluicing; and
``(C) does not include--
``(i) the use of mechanized earth-moving
equipment, suction dredging, or explosives;
``(ii) the use of motor vehicles in areas
closed to motor vehicles;
``(iii) the construction of roads or drill
pads; or
``(iv) the use of toxic or hazardous
materials.
``(2) Covered area.--The term `covered area' means a--
``(A) unit of the National Park System; and
``(B) national monument designated under section
320301 of title 54, United States Code (commonly known
as the `Antiquities Act').
``(3) Hardrock mineral.--The term `hardrock mineral'--
``(A) means any mineral that is subject to location
under the mining laws of the United States and is not
subject to disposition under--
``(i) the Mineral Leasing Act (30 U.S.C.
181 et seq.);
``(ii) the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.);
``(iii) the Act of July 31, 1947, commonly
known as the Materials Act of 1947 (30 U.S.C.
601 et seq.); or
``(iv) the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.); and
``(B) does not include any mineral that is subject
to a restriction against alienation imposed by the
United States and is--
``(i) held in trust by the United States
for any Indian or Indian Tribe; or
``(ii) owned by any Indian or Indian Tribe.
``(4) Indian.--The term `Indian' has the meaning given the
term in section 2 of the Indian Mineral Development Act of 1982
(25 U.S.C. 2101).
``(5) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 2 of the Indian Mineral
Development Act of 1982 (25 U.S.C. 2101).
``(6) Mineral activities.--The term `mineral activities'
means any activity carried out on a mining claim, mill site, or
tunnel site located pursuant to the mining laws of the United
States for, related to, or incidental to, mineral exploration,
mining, beneficiation, processing, or reclamation activities
for any hardrock mineral.
``(7) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(8) Small miner.--
``(A) In general.--The term `small miner' means a
person (including all related parties) that--
``(i) holds not more than 10 mining claims,
mill sites, or tunnel sites, or any combination
thereof, on Federal land;
``(ii) holds or operates a mining claim,
mill site, or tunnel site with respect to not
more than 200 acres of Federal land;
``(iii) certifies to the Secretary in
writing that, in the preceding calendar year,
the person had an annual gross income from
mineral production in an amount less than
$50,000; and
``(iv) certifies to the Secretary in
writing that the person will use each mining
claim, mill site, or tunnel site held or
operated by the person only for casual use.
``(B) Annual gross income.--For purposes of
subparagraph (A)(iii), the dollar amount shall be
applied, for a person, to the aggregate of all annual
gross income from mineral production under each mining
claim, mill site, or tunnel site located pursuant to
the mining laws of the United States held by or
assigned to such person and all related parties.
``(C) All related parties.--For purposes of
subparagraphs (A) and (B), with respect to a person,
the term `all related parties' means--
``(i) the spouse or qualifying child (as
such term is defined in section 152 of the
Internal Revenue Code of 1986) of such person;
``(ii) a person that controls, is
controlled by, or is under common control with
such person;
``(iii) a partner of such person; or
``(iv) a person that owns at least 10
percent of the voting shares of such person.
``(D) Control.--For purposes of subparagraph (C),
the term `control' means having the ability, directly
or indirectly, to determine (without regard to whether
exercised through 1 or more corporate structures) the
manner in which an entity conducts mineral activities,
through any means, including--
``(i) an ownership interest;
``(ii) the authority to commit the real or
financial assets of the entity;
``(iii) a position as a director, officer,
or partner of the entity; or
``(iv) a contractual arrangement.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
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