H.Res. 780: H.R. 2262 - Hardrock Mining and Reclamation Act of 2007

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Tuesday October 30, 2007.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 224-195 AFTER AGREEING TO THE PREVIOUS QUESTION BY THE YEAS AND NAYS 221-194 on Thursday November 1, 2007.

MANAGERS:MCGOVERN/SESSIONS 

110th Congress 
1st Session

H.RES. 780

[Report No. 110-416]

 

 

H.R. 2262 - Hardrock Mining and Reclamation Act of 2007

  1. Structured rule.
  2. Provides one hour of debate equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Natural Resources.
  3. Waives all points of order against consideration of the bill except for clauses 9 and 10 of rule XXI.
  1. Provides that the amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill shall be considered as an original bill for the purpose of amendment and shall be considered as read. 
  2. All points of order against the committee amendment in the nature of a substitute are waived except for clause 10 of rule XXI.  This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).
  3. No amendments shall be in order except those amendments printed in the Rules Committee report accompanying the resolution.
  4. Provides that the amendments made in order in the report may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
  5. Waives all points of order against the amendments printed in the report except for clauses 9 and 10 of rule XXI.
  6. Provides one motion to recommit with or without instructions.
  7. Provides that, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker.

RESOLUTION

            Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 2262) to modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims, and for other purposes.  The first reading of the bill shall be dispensed with.  All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Natural Resources.  After general debate the bill shall be considered for amendment under the five-minute rule.  It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill.  The committee amendment in the nature of a substitute shall be considered as read.  All points of order against the committee amendment in the nature of a substitute are waived except those arising under clause 10 of rule XXI.  Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution.  Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.  All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI.  At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted.  Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute.  The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

             Sec. 2.  During consideration in the House of H.R. 2262 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to such time as may be designated by the Speaker.

SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

 Sponsor

#

Description

Debate Time

1. Rahall (WV):

#25

(REVISED)  The amendment would clarify that “valid existing rights” associated with existing mining claims would be protected under the Act. It would clarify that in addition to paying a 4% royalty, existing operations will still need to come into compliance with the Act within 10 years. It would clarify that the claim maintenance and location fees currently allotted to administration of the mining laws will continue to be so allotted with the balance going to clean-up of abandoned hardrock mines, subject to appropriations. It would clarify that user fees assessed by the BLM to process mining permit applications will be used for administration of the mining law program. It would limit the purview of section 504-citizen suits- to permits issued pursuant to title III of the Act. Finally, it would clarify that nothing under the Act will affect the sovereign immunity of any Indian Tribe.

 (10 minutes)

2. Pearce (NM):

#6

This amendment would strike the definition of "undue degradation" in the legislation.

 (10 minutes)

3. Matsui (CA):

#12

(REVISED)  The amendment states that river watershed areas may be considered as eligible and as priorities to receive funding from the Abandoned Locatable Minerals Mine Reclamation Fund.

 (10 minutes)

4. Heller (NV):

#8

(REVISED)  The amendment would redirect 50 percent of the funds deposited into the Hardrock Reclamation Fund to states in proportion to the royalty funds generated there.

 (10 minutes)

5. Sali (ID):

#19

Strikes section 101- Limitation on Patents.

 (10 minutes)

6. Cannon (UT):

#7

This amendment would strike section 517- Mineral materials.

 (10 minutes)

7. Pearce (NM):

 

#2

This amendment would establish the Mineral Commodity Information Administration into a role in the Department of Interior.  This administration would have the Minerals Information Team (MIT) to collect, analyze, and disseminate information on the domestic and international supply of, and demand for, minerals and mineral materials critical to the U.S economy and national security.  This amendment will remove the MIT from under the U.S. Geological Survey and establish it as a stand-alone agency within the Department of the Interior.  The amendment increases MIT's staff in order to perform the new and expanded functions authorized in the amendment.

 (10 minutes)