A bill to amend the Stock Raising Homestead Act to provide certain procedures for entry onto Stock Raising Homestead Act lands, and for other purposes.

Summary

Amends the Stock Raising Homestead Act to prohibit any person, other than the surface owner, from entering lands subject to such Act in order to prospect for minerals or to locate a claim under the mining laws of the United States without: (1) filing a notice of intention to locate a claim; and (2) providing notice to the surface owner. Allows a person fulfilling notice requirements to enter such lands to prospect for minerals, but prohibits such person, during the authorized prospecting period, from constructing any roads, using any explosives, or using any mechanical earth moving equipment on such lands. Requires, as part of the required notice for such prospecting, the filing of notice with the Secretary of the Interior to prospect or locate a mining claim. Requires such notice to include a legal description of the lands. Prohibits any other person, other than the person filing the notice, to file such notice, prospect for minerals, or acquire any interest in such lands for a 60-day period following the filing of the notice. Requires a person, after filing of notice to the Secretary, to then file notice to the surface owner of their intent to locate a claim on such lands. Requires the notice to be provided at least ten days before entering. Limits the total acreage to be covered at any time by such a notice to locate a claim. Provides that, other than prospecting for which the proper notices have been filed, no person may conduct any mineral exploration, development, or production activities on such lands without the written consent of the owner unless the Secretary has authorized the activities. Allows the Secretary to authorize additional activities under the following conditions: (1) the posting by the person involved to the United States of a legal surety bond or other financial guarantee satisfactory to the Secretary to insure reclamation of the surface and payment of compensation for damages or loss of income to the surface owner due to the activities of the person involved; and (2) the submission to the Secretary by the person involved of a plan of operations containing the terms and conditions of reclamation of the surface, minimization of damages to crops and improvements of the surface owner, and minimization of disruption of grazing and other uses of the land by the surface owner. Requires the plan to provide for the payment of a fee for the use of the surface lands, such fee to be established by the Secretary. Requires the plan to be provided to the surface owner at least 60 days before the Secretary determines that such plan complies with all applicable requirements. Authorizes the Secretary to suspend or revoke any plan authorization when noncompliance with such plan is determined or proven. Outlines administrative procedures for the bringing of an action by the surface owner against a person engaged in mineral exploration, development, or production activities when surface damage results from such activities or when such person is not in compliance with the required plan of operations submitted to the Secretary. Allows, as part of the payment of damages, the payment of all or any portion of the surety bond or other financial guarantee posted by the person engaging in such activities. Directs the Secretary to release a surety bond or other financial guarantee required to be posted upon the successful completion of all requirements pursuant to the plan of operations by the person engaging in subsurface activities. Directs the Secretary to promulgate regulations to implement provisions of this Act.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 17 November 1989

   Introduced

   Read twice and referred to the Committee on Energy and Natural Resources.

   Source: IntroReferral

2. 17 November 1989

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 20 November 1989

   Referred

   Referred to Subcommittee on Mineral Resources Development.

   Source: Committee

4. 22 November 1989

   Committee

   Committee on Energy and Natural Resources requested executive comment from Department of the Interior, and Office of Management and Budget.

   Source: Committee

5. 9 March 1990

   Committee

   Subcommittee on Mineral Resources Development. Hearings held.

   Source: Committee

Votes

No vote records are attached yet.

Versions

• Introduced in Senate · undated · Official file

Documents

2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 17 November 1989

  Open at official source

Sponsors

• Sen. Bingaman, Jeff [D-NM] · D · Sponsor
• · sseg00 · Standing

Related records

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