{
  "id": "RL32813",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL32813",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 302290,
      "date": "2005-03-14",
      "retrieved": "2016-04-07T19:50:46.974029",
      "title": "Hardrock Mining: State Regulation",
      "summary": "Various state and federal laws play important roles in the regulation of mining activities. Mining\nfor hardrock minerals on federal public lands is governed primarily by the General Mining Act of\n1872. The General Mining Act authorizes a prospector to locate and claim an area believed to\ncontain a valuable mineral deposit, subject to the payment of certain fees. The General Mining Act\ndoes not, however, require payment of a production-related royalty, as is required for federal oil, gas,\nand other minerals governed by more recently enacted laws. Critics of the General Mining Act\nsuggest that the lack of a royalty payment serves as an unnecessary subsidization of the mining\nindustry, while proponents of the current system suggest that it encourages investment in the\ndomestic mining industry. Legislation has been introduced in previous Congresses that would have\nrequired royalty payments, but such provisions have not been enacted into law. \n  Many states have enacted laws governing mineral rights and mineral development on\nstate-owned lands. Of these laws, those applicable to hardrock minerals on state-owned lands vary\nconsiderably. Unlike the comparable federal law, however, many states now provide for state-owned\nhardrock mineral leases and authorize royalty and rental payment collection. \n  In addition to financial issues, environmental regulation of hardrock mining also varies\nsignificantly under federal and state law. Significantly, the federal Surface Mining Control and\nReclamation Act, which requires certain environmental remediation activities with respect to surface\ncoal mining on federal  and  non-federal lands, is not applicable to hardrock minerals. \nLegislative\nproposals to address concerns related to hardrock mining environmental impacts and abandoned\nmine reclamation have been introduced in past Congresses (e.g.  H.R. 2141  and\n H.R. 504  in the 108th Congress), but none have been enacted into law. In addition to\nfederal regulation, states are authorized to implement surface mining reclamation laws and many\nhave chosen to regulate hardrock mining operations in addition to surface coal mining. These laws\nvary from state to state, but most apply equally to federal, state, and private lands.\n  This report provides a survey of state laws governing these above-mentioned aspects of\nhardrock mining. It is not meant to serve as a comprehensive description of each state's regulatory\nprogram, but instead provides an overview of the regulation of several specific activities associated\nwith hardrock mineral development; focusing on (1) state imposed royalty rates and rental charges\nfor hardrock minerals on state lands and (2) reclamation and bonding requirements for hardrock\nmining activities applicable to all mining operations.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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          "url": "http://www.crs.gov/Reports/pdf/RL32813",
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      "topics": []
    }
  ],
  "topics": [
    "American Law",
    "Environmental Policy"
  ]
}