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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3446 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3446

    To direct the Secretary of the Interior to establish an annual 
 production incentive fee with respect to Federal onshore and offshore 
lands that are subject to a lease for production of oil or natural gas 
    under which production is not occurring, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2011

   Mr. Markey (for himself, Mr. Holt, Mr. Kildee, Mr. Grijalva, Ms. 
    Bordallo, Mrs. Napolitano, Mr. Pierluisi, and Mrs. Christensen) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
    To direct the Secretary of the Interior to establish an annual 
 production incentive fee with respect to Federal onshore and offshore 
lands that are subject to a lease for production of oil or natural gas 
    under which production is not occurring, 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 ``Fair Payment for Energy and Mineral 
Production on Public Lands Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is the following:

Sec. 1. Short title.
Sec. 2. Table of contents.
                          TITLE I--USE IT ACT

Sec. 101. Short title.
Sec. 102. Production incentive fee.
         TITLE II--DEFICIT REDUCTION THROUGH FAIR OIL ROYALTIES

Sec. 201. Short title.
Sec. 202. Eligibility for new leases and the transfer of leases.
Sec. 203. Price thresholds for royalty suspension provisions.
Sec. 204. Repeal of royalty relief provisions.
                  TITLE III--OCS FACILITY INSPECTIONS

Sec. 301. Short title.
Sec. 302. OCS facility inspection fees.
        TITLE IV--GULF COAST OIL AND GAS ROYALTY GIVEAWAY REPEAL

Sec. 401. Short title.
Sec. 402. Disposition of qualified outer Continental Shelf revenues 
                            from 181 Area, 181 South Area, and 2002-
                            2007 planning areas of Gulf of Mexico.
                    TITLE V--HARDROCK MINING REFORM

Sec. 501. Short title.
Sec. 502. Definitions and references.
Sec. 503. Application rules.
            Subtitle A--Mineral Exploration and Development

Sec. 511. Royalty.
Sec. 512. Hardrock mining claim maintenance fee.
Sec. 513. Effect of payments for use and occupancy of claims.
Sec. 514. Limitation on patents.
                Subtitle B--Protection of Special Places

Sec. 521. Lands open to location.
Sec. 522. Withdrawal petitions by States, political subdivisions, and 
                            Indian tribes.
  Subtitle C--Environmental Considerations of Mineral Exploration and 
                              Development

Sec. 531. General standard for hardrock mining on Federal land.
Sec. 532. Permits.
Sec. 533. Exploration permit.
Sec. 534. Operations permit.
Sec. 535. Persons ineligible for permits.
Sec. 536. Financial assurance.
Sec. 537. Operation and reclamation.
Sec. 538. State law and regulation.
Sec. 539. Limitation on the issuance of permits.
        Subtitle D--Administrative and Miscellaneous Provisions

Sec. 541. Policy functions.
Sec. 542. User fees.
Sec. 543. Inspection and monitoring.
Sec. 544. Citizens suits.
Sec. 545. Administrative and judicial review.
Sec. 546. Enforcement.
Sec. 547. Regulations.
Sec. 548. Effective date.
Sec. 549. Oil shale claims.
Sec. 550. Savings clause.
Sec. 551. Availability of public records.
Sec. 552. Miscellaneous powers.
Sec. 553. Multiple mineral development and surface resources.
Sec. 554. Mineral materials.
                  TITLE VI--ABANDONED MINE RECLAMATION

Sec. 601. Short title.
Sec. 602. Definitions and references.
                Subtitle A--Hardrock Mining Reclamation

Sec. 611. Displaced material reclamation fee.
                Subtitle B--Abandoned Mine Cleanup Fund

Sec. 621. Establishment of fund.
Sec. 622. Use and objectives of the fund.
Sec. 623. Eligible lands and waters.
          Subtitle C--Priority Abandoned Coal Mine Reclamation

Sec. 631. Amendments to the Surface Mining Control and Reclamation Act.
                  Subtitle D--Administative Provisions

Sec. 641. Effective date.
Sec. 642. Fees adjustments.
Sec. 643. Inspection and monitoring.
Sec. 644. Regulations.
Sec. 645. Availability of public records.
                TITLE VII--ADMINISTRATIVE COST RECOVERY

Sec. 701. Short title.
Sec. 702. Making permanent net receipts sharing for energy minerals.

                          TITLE I--USE IT ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``United States Exploration on Idle 
Tracts Act'' or the ``USE IT Act''.

SEC. 102. PRODUCTION INCENTIVE FEE.

    (a) Establishment.--The Secretary of the Interior shall, within 180 
days after the date of enactment of this Act, issue regulations to 
establish an annual production incentive fee with respect to Federal 
onshore and offshore lands that are subject to a lease for production 
of oil or natural gas under which production is not occurring. Such fee 
shall apply with respect to lands that are subject to such a lease that 
is in effect on the date final regulations are promulgated under this 
subsection or that is issued thereafter.
    (b) Amount.--The amount of the fee shall be, for each acre of land 
from which oil or natural gas is produced for less than 90 days in a 
calendar year--
            (1) in the case of onshore land--
                    (A) for each of the first 3 years of the lease, $4 
                per acre in 2011 dollars;
                    (B) for the fourth year of the lease, $6 per acre 
                in 2011 dollars; and
                    (C) for the fifth year of the lease and each year 
                thereafter for which the lease is otherwise in effect, 
                $8 per acre in 2011 dollars; and
            (2) in the case of offshore land--
                    (A) for each of the third, fourth, and fifth years 
                of the lease, $4 per acre in 2011 dollars;
                    (B) for the sixth year of the lease, $6 per acre in 
                2011 dollars; and
                    (C) for the seventh year of the lease and each year 
                thereafter for which the lease is otherwise in effect, 
                $8 per acre in 2011 dollars.
    (c) Assessment and Collection.--The Secretary shall assess and 
collect the fee established under this section.
    (d) Deposit.--Amounts received by the United States as the fee 
under this section shall be deposited in the general fund of the 
Treasury.
    (e) Regulations.--The Secretary of the Interior may issue 
regulations to prevent evasion of the fee under this section.

         TITLE II--DEFICIT REDUCTION THROUGH FAIR OIL ROYALTIES

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Deficit Reduction Through Fair Oil 
Royalties Act''.

SEC. 202. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES.

    (a) Issuance of New Leases.--
            (1) In general.--The Secretary shall not issue any new 
        lease that authorizes the production of oil or natural gas 
        under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
        seq.) to a person described in paragraph (2) unless the person 
        has renegotiated each covered lease with respect to which the 
        person is a lessee, to modify the payment responsibilities of 
        the person to require the payment of royalties if the price of 
        oil and natural gas is greater than or equal to the price 
        thresholds described in clauses (v) through (vii) of section 
        8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1337(a)(3)(C)).
            (2) Persons described.--A person referred to in paragraph 
        (1) is a person that--
                    (A) is a lessee that--
                            (i) holds a covered lease on the date on 
                        which the Secretary considers the issuance of 
                        the new lease; or
                            (ii) was issued a covered lease before the 
                        date of enactment of this Act, but transferred 
                        the covered lease to another person or entity 
                        (including a subsidiary or affiliate of the 
                        lessee) after the date of enactment of this 
                        Act; or
                    (B) any other person that has any direct or 
                indirect interest in, or that derives any benefit from, 
                a covered lease.
            (3) Multiple lessees.--
                    (A) In general.--For purposes of paragraph (1), if 
                there are multiple lessees that own a share of a 
                covered lease, the Secretary may implement separate 
                agreements with any lessee with a share of the covered 
                lease that modifies the payment responsibilities with 
                respect to the share of the lessee to include price 
                thresholds that are equal to or less than the price 
                thresholds described in clauses (v) through (vii) of 
                section 8(a)(3)(C) of the Outer Continental Shelf Lands 
                Act (43 U.S.C. 1337(a)(3)(C)).
                    (B) Treatment of share as covered lease.--Beginning 
                on the effective date of an agreement under 
                subparagraph (A), any share subject to the agreement 
                shall not constitute a covered lease with respect to 
                any lessees that entered into the agreement.
    (b) Transfers.--A lessee or any other person who has any direct or 
indirect interest in, or who derives a benefit from, a lease shall not 
be eligible to obtain by sale or other transfer (including through a 
swap, spinoff, servicing, or other agreement) any covered lease, the 
economic benefit of any covered lease, or any other lease for the 
production of oil or natural gas in the Gulf of Mexico under the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless the lessee 
or other person has--
            (1) renegotiated each covered lease with respect to which 
        the lessee or person is a lessee, to modify the payment 
        responsibilities of the lessee or person to include price 
        thresholds that are equal to or less than the price thresholds 
        described in clauses (v) through (vii) of section 8(a)(3)(C) of 
        the Outer Continental Shelf Lands Act (43 U.S.C. 
        1337(a)(3)(C)); or
            (2) entered into an agreement with the Secretary to modify 
        the terms of all covered leases of the lessee or other person 
        to include limitations on royalty relief based on market prices 
        that are equal to or less than the price thresholds described 
        in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
    (c) Use of Amounts for Deficit Reduction.--Notwithstanding any 
other provision of law, any amounts received by the United States as 
rentals or royalties under covered leases shall be deposited in the 
Treasury and used for Federal budget deficit reduction or, if there is 
no Federal budget deficit, for reducing the Federal debt in such manner 
as the Secretary of the Treasury considers appropriate.
    (d) Definitions.--In this section--
            (1) Covered lease.--The term ``covered lease'' means a 
        lease for oil or gas production in the Gulf of Mexico that is--
                    (A) in existence on the date of enactment of this 
                Act;
                    (B) issued by the Department of the Interior under 
                section 304 of the Outer Continental Shelf Deep Water 
                Royalty Relief Act (43 U.S.C. 1337 note; Public Law 
                104-58); and
                    (C) not subject to limitations on royalty relief 
                based on market price that are equal to or less than 
                the price thresholds described in clauses (v) through 
                (vii) of section 8(a)(3)(C) of the Outer Continental 
                Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
            (2) Lessee.--The term ``lessee'' includes any person or 
        other entity that controls, is controlled by, or is in or under 
        common control with, a lessee.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 203. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS.

    The Secretary of the Interior shall agree to a request by any 
lessee to amend any lease issued for any Central and Western Gulf of 
Mexico tract in the period of January 1, 1996, through November 28, 
2000, to incorporate price thresholds applicable to royalty suspension 
provisions, that are equal to or less than the price thresholds 
described in clauses (v) through (vii) of section 8(a)(3)(C) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). Any 
amended lease shall impose the new or revised price thresholds 
effective October 1, 2012. Existing lease provisions shall prevail 
through September 30, 2012.

SEC. 204. REPEAL OF ROYALTY RELIEF PROVISIONS.

    (a) Repeal of Provisions of Energy Policy Act of 2005.--The 
following provisions of the Energy Policy Act of 2005 (Public Law 109-
58) are repealed:
            (1) Section 344 (42 U.S.C. 15904; relating to incentives 
        for natural gas production from deep wells in shallow waters of 
        the Gulf of Mexico).
            (2) Section 345 (42 U.S.C. 15905; relating to royalty 
        relief for deep water production in the Gulf of Mexico).
    (b) Repeal of Provisions Relating to Planning Areas Offshore 
Alaska.--Section 8(a)(3)(B) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1337(a)(3)(B)) is amended by striking ``and in the Planning 
Areas offshore Alaska''.

                  TITLE III--OCS FACILITY INSPECTIONS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``No Free Inspections for Oil 
Companies Act''.

SEC. 302. OCS FACILITY INSPECTION FEES.

    Section 22 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1348) is amended by adding at the end of the section the following:
    ``(g) Inspection Fees.--
            ``(1) Establishment.--The Secretary of the Interior shall 
        establish, by rule, and collect from the operators of 
        facilities subject to inspection under subsection (c) 
        nonrefundable fees for such inspections--
                    ``(A) at an aggregate level equal to the amount 
                necessary to offset the annual expenses of inspections 
                of outer Continental Shelf facilities (including mobile 
                offshore drilling units) by the Department of the 
                Interior; and
                    ``(B) using a schedule that reflects the 
                differences in complexity among the classes of 
                facilities to be inspected.
            ``(2) Ocean energy enforcement fund.--There is established 
        in the Treasury a fund, to be known as the `Ocean Energy 
        Enforcement Fund' (referred to in this subsection as the 
        `Fund'), into which shall be deposited amounts collected as 
        fees under paragraph (1) and which shall be available as 
        provided under paragraph (3).
            ``(3) Availability of fees.--Notwithstanding section 3302 
        of title 31, United States Code, all amounts collected by the 
        Secretary under this section--
                    ``(A) shall be credited as offsetting collections;
                    ``(B) shall be available for expenditure only for 
                purposes of carrying out inspections of outer 
                Continental Shelf facilities (including mobile offshore 
                drilling units) and the administration of the 
                inspection program under this section;
                    ``(C) shall be available only to the extent 
                provided for in advance in an appropriations Act; and
                    ``(D) shall remain available until expended.
            ``(4) Annual reports.--
                    ``(A) In general.--Not later than 60 days after the 
                end of each fiscal year beginning with fiscal year 
                2011, the Secretary shall submit to the Committee on 
                Energy and Natural Resources of the Senate and the 
                Committee on Natural Resources of the House of 
                Representatives a report on the operation of the Fund 
                during the fiscal year.
                    ``(B) Contents.--Each report shall include, for the 
                fiscal year covered by the report, the following:
                            ``(i) A statement of the amounts deposited 
                        into the Fund.
                            ``(ii) A description of the expenditures 
                        made from the Fund for the fiscal year, 
                        including the purpose of the expenditures.
                            ``(iii) Recommendations for additional 
                        authorities to fulfill the purpose of the Fund.
                            ``(iv) A statement of the balance remaining 
                        in the Fund at the end of the fiscal year.''.

        TITLE IV--GULF COAST OIL AND GAS ROYALTY GIVEAWAY REPEAL

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Gulf Coast Oil and Gas Royalty 
Giveaway Repeal and Deficit Reduction Act''.

SEC. 402. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF REVENUES 
              FROM 181 AREA, 181 SOUTH AREA, AND 2002-2007 PLANNING 
              AREAS OF GULF OF MEXICO.

    Section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 
U.S.C. 1331 note) is amended to read as follows:

``SEC. 105. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF REVENUES 
              FROM 181 AREA, 181 SOUTH AREA, AND 2002-2007 PLANNING 
              AREAS OF GULF OF MEXICO.

    ``(a) In General.--Notwithstanding section 9 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1338) and subject to the other 
provisions of this section, for each applicable fiscal year, the 
Secretary of the Treasury shall deposit--
            ``(1) 87.5 percent of qualified outer Continental Shelf 
        revenues in the general fund of the Treasury; and
            ``(2) 12.5 percent of qualified outer Continental Shelf 
        revenues in a special account in the Treasury from which the 
        Secretary shall disburse 100 percent to provide financial 
        assistance to States in accordance with section 6 of the Land 
        and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8), 
        which shall be considered income to the Land and Water 
        Conservation Fund for purposes of section 2 of that Act (16 
        U.S.C. 460l-5).
    ``(b) Use of Amounts for Deficit Reduction.--Notwithstanding any 
other provision of law, any amounts received by the United States as 
rentals or royalties under leases covered by this title shall be 
deposited in the Treasury and used for Federal budget deficit reduction 
or, if there is no Federal budget deficit, for reducing the Federal 
debt in such manner as the Secretary of the Treasury considers 
appropriate.''.

                    TITLE V--HARDROCK MINING REFORM

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Hardrock Mining Reform and Deficit 
Reduction Act of 2011''.

SEC. 502. DEFINITIONS AND REFERENCES.

    (a) In General.--As used in this title:
            (1) The term ``affiliate'' means with respect to any 
        person, any of the following:
                    (A) Any person who controls, is controlled by, or 
                is under common control with such person.
                    (B) Any partner of such person.
                    (C) Any person owning at least 10 percent of the 
                voting shares of such person.
            (2) The term ``applicant'' means any person applying for a 
        permit under this title or a modification to or a renewal of a 
        permit under this title.
            (3) The term ``beneficiation'' means the crushing and 
        grinding of locatable mineral ore and such processes as are 
        employed to free the mineral from other constituents, including 
        but not necessarily limited to, physical and chemical 
        separation techniques.
            (4) The term ``casual use''--
                    (A) subject to subparagraphs (B) and (C), means 
                mineral activities that do not ordinarily result in any 
                disturbance of public lands 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 off-road vehicles;
                            (iii) the construction of roads or drill 
                        pads; and
                            (iv) the use of toxic or hazardous 
                        materials.
            (5) The term ``claim holder'' means a person holding a 
        mining claim, millsite claim, or tunnel site claim located 
        under the general mining laws and maintained in compliance with 
        such laws and this title. Such term may include an agent of a 
        claim holder.
            (6) The term ``control'' means having the ability, directly 
        or indirectly, to determine (without regard to whether 
        exercised through one or more corporate structures) the manner 
        in which an entity conducts mineral activities, through any 
        means, including without limitation, ownership interest, 
        authority to commit the entity's real or financial assets, 
        position as a director, officer, or partner of the entity, or 
        contractual arrangement.
            (7) The term ``exploration''--
                    (A) subject to subparagraphs (B) and (C), means 
                creating surface disturbance other than casual use, to 
                evaluate the type, extent, quantity, or quality of 
                minerals present;
                    (B) includes mineral activities associated with 
                sampling, drilling, and analyzing locatable mineral 
                values; and
                    (C) does not include extraction of mineral material 
                for commercial use or sale.
            (8) The term ``Federal land'' means any land, and any 
        interest in land, that is owned by the United States and open 
        to location of mining claims under the general mining laws and 
        subtitle B of this title.
            (9) The term ``Indian lands'' means lands held in trust for 
        the benefit of an Indian tribe or individual or held by an 
        Indian tribe or individual subject to a restriction by the 
        United States against alienation.
            (10) The term ``Indian tribe'' means any Indian tribe, 
        band, nation, pueblo, or other organized group or community, 
        including any Alaska Native village or regional corporation as 
        defined in or established pursuant to the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as 
        eligible for the special programs and services provided by the 
        United States to Indians because of their status as Indians.
            (11) The term ``locatable mineral''--
                    (A) subject to subparagraph (B), means any mineral, 
                the legal and beneficial title to which remains in the 
                United States and that is not subject to disposition 
                under any of--
                            (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 for Acquired Lands 
                        Act (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, as defined in 
                        section 2 of the Indian Mineral Development Act 
                        of 1982 (25 U.S.C. 2101); or
                            (ii) owned by any Indian or Indian tribe, 
                        as defined in that section.
            (12) The term ``mineral activities'' means any activity on 
        a mining claim, millsite claim, or tunnel site claim for, 
        related to, or incidental to, mineral exploration, mining, 
        beneficiation, processing, or reclamation activities for any 
        locatable mineral.
            (13) The term ``mining claim''--
                    (A) subject to subparagraph (B), means a claim 
                located under the Mining Law of 1872 within the 
                boundaries of which exist locatable minerals the 
                claimant intends to extract;
                    (B) does not include a claim located for the 
                purpose of securing Federal lands for a waste rock 
                dump, tailings pile, or other purposes incident to 
                processing locatable minerals extracted elsewhere.
            (14) The term ``National Conservation System unit'' means 
        any unit of the National Park System, National Wildlife Refuge 
        System, National Wild and Scenic Rivers System, or National 
        Trails System, or a National Conservation Area, a National 
        Recreation Area, a National Monument, or any unit of the 
        National Wilderness Preservation System.
            (15) The term ``operator'' means any person proposing or 
        authorized by a permit issued under this title to conduct 
        mineral activities and any agent of such person.
            (16) The term ``person'' means an individual, Indian tribe, 
        partnership, association, society, joint venture, joint stock 
        company, firm, company, corporation, cooperative, or other 
        organization and any instrumentality of State or local 
        government including any publicly owned utility or publicly 
        owned corporation of State or local government.
            (17) The term ``processing'' means processes downstream of 
        beneficiation employed to prepare locatable mineral ore into 
        the final marketable product, including smelting and 
        electrolytic refining.
            (18) The term ``Secretary'' means the Secretary of the 
        Interior, unless otherwise specified.
            (19) The term ``temporary cessation'' means a halt in mine-
        related production activities for a continuous period of no 
        longer than 5 years.
            (20) The term ``undue degradation'' means, based on 
        consideration of other resource values that may be affected, 
        the operation or proposed operation fails to comply with the 
        performance standards in this title or can reasonably be 
        expected to cause significant environmental harm to wildlife; 
        land, air, or water resources; or scientific or cultural 
        resources.
            (21) The term ``valid existing rights'' means a mining 
        claim or millsite claim located on lands described in section 
        521(b), that--
                    (A) was properly located and maintained under the 
                general mining laws prior to the date of enactment of 
                this Act;
                    (B) was supported by a discovery of a valuable 
                mineral deposit within the meaning of the general 
                mining laws on the date of enactment of this Act, and, 
                for millsite claims, does not involve more than one 
                mill site for every mining claim located for that 
                operation; and
                    (C) continues to be valid under this title.
    (b) References to Other Laws.--
            (1) Any reference in this title to the term general mining 
        laws is a reference to those Acts that generally comprise 
        chapters 2, 12A, and 16, and sections 161 and 162, of title 30, 
        United States Code.
            (2) Any reference in this title to the Act of July 23, 
        1955, is a reference to the Act entitled ``An Act to amend the 
        Act of July 31, 1947 (61 Stat. 681) and the mining laws to 
        provide for multiple use of the surface of the same tracts of 
        the public lands, and for other purposes'' (30 U.S.C. 601 et 
        seq.).

SEC. 503. APPLICATION RULES.

    (a) In General.--This title applies to any mining claim, millsite 
claim, or tunnel site claim located under the general mining laws, 
before, on, or after the date of enactment of this Act, except as 
provided in subsection (b).
    (b) Preexisting Claims.--
            (1) Any unpatented mining claim or millsite claim located 
        under the general mining laws before the date of enactment of 
        this Act for which a plan of operation has not been approved or 
        a notice filed prior to the date of enactment shall, upon the 
        effective date of this title, be subject to the requirements of 
        this title, except as provided in paragraphs (2) and (3).
            (2)(A) If a plan of operations is approved for mineral 
        activities on any claim or site referred to in paragraph (1) 
        prior to the date of enactment of this Act but such operations 
        have not commenced prior to the date of enactment of this Act--
                            (i) during the 5-year period beginning on 
                        the date of enactment of this Act, mineral 
                        activities at such claim or site shall be 
                        subject to such plan of operations;
                            (ii) during such 5-year period, 
                        modifications of any such plan may be made in 
                        accordance with the provisions of law 
                        applicable prior to the enactment of this Act 
                        if such modifications are deemed minor by the 
                        Secretary concerned; and
                            (iii) the operator shall bring such mineral 
                        activities into compliance with this title by 
                        the end of such 5-year period.
                    (B) Where an application for modification of a plan 
                of operations referred to in subparagraph (A)(ii) has 
                been timely submitted and an approved plan expires 
                prior to Secretarial action on the application, mineral 
                activities and reclamation may continue in accordance 
                with the terms of the expired plan until the Secretary 
                makes an administrative decision on the application.
    (c) Federal Lands Subject to Existing Permit.--
            (1) Any Federal land shall be subject to the requirements 
        of section 512(a)(2) if the land is--
                    (A) subject to an operations permit; and
                    (B) producing valuable locatable minerals in 
                commercial quantities prior to the date of enactment of 
                this Act.
            (2) Any Federal land added through a plan modification to 
        an operations permit on Federal land that is submitted after 
        the date of enactment of this Act shall be subject to the terms 
        of section 512(a)(3).
    (d) Application of Title to Beneficiation and Processing of Non-
Federal Minerals on Federal Lands.--The provisions of this title 
(including the environmental protection requirements of subtitle C) 
shall apply in the same manner and to the same extent to mining claims, 
millsite claims, and tunnel site claims used for beneficiation or 
processing activities or activities related to, or incidental to, such 
mineral activities for any mineral without regard to whether or not the 
legal and beneficial title to the mineral is held by the United States. 
This subsection applies only to minerals that are locatable minerals or 
minerals that would be locatable minerals if the legal and beneficial 
title to such minerals were held by the United States.

            Subtitle A--Mineral Exploration and Development

SEC. 511. ROYALTY.

    (a) Reservation of Royalty.--
            (1) In general.--Subject to paragraph (2) production of all 
        locatable minerals from any mining claim located under the 
        general mining laws and maintained in compliance with this 
        title, or mineral concentrates or products derived from 
        locatable minerals from any such mining claim, as the case may 
        be, shall be subject to a royalty of 12.5 percent of the gross 
        income from mining. The claim holder or any operator to whom 
        the claim holder has assigned the obligation to make royalty 
        payments under the claim and any person who controls such claim 
        holder or operator shall be liable for payment of such 
        royalties.
            (2) Federal land added to existing operations permit.--Any 
        Federal land added through a plan modification to an operations 
        permit that is submitted after the date of enactment of this 
        Act shall be subject to the royalty that applies to Federal 
        land under paragraph (1).
            (3) Deposit.--Amounts received by the United States as 
        royalties under this subsection shall be deposited into the 
        Treasury.
    (b) Duties of Claim Holders, Operators, and Transporters.--
            (1) A person--
                    (A) who is required to make any royalty payment 
                under this section shall make such payments to the 
                United States at such times and in such manner as the 
                Secretary may by rule prescribe; and
                    (B) shall notify the Secretary, in the time and 
                manner as may be specified by the Secretary, of any 
                assignment that such person may have made of the 
                obligation to make any royalty or other payment under a 
                mining claim.
            (2) Any person paying royalties under this section shall 
        file a written instrument, together with the first royalty 
        payment, affirming that such person is responsible for making 
        proper payments for all amounts due for all time periods for 
        which such person has a payment responsibility. Such 
        responsibility for the periods referred to in the preceding 
        sentence shall include any and all additional amounts billed by 
        the Secretary and determined to be due by final agency or 
        judicial action. Any person liable for royalty payments under 
        this section who assigns any payment obligation shall remain 
        jointly and severally liable for all royalty payments due for 
        the claim for the period.
            (3) A person conducting mineral activities shall--
                    (A) develop and comply with the site security 
                provisions in the operations permit designed to protect 
                from theft the locatable minerals, concentrates or 
                products derived therefrom which are produced or stored 
                on a mining claim, and such provisions shall conform 
                with such minimum standards as the Secretary may 
                prescribe by rule, taking into account the variety of 
                circumstances on mining claims; and
                    (B) not later than the 5th business day after 
                production begins anywhere on a mining claim, or 
                production resumes after more than 90 days after 
                production was suspended, notify the Secretary, in the 
                manner prescribed by the Secretary, of the date on 
                which such production has begun or resumed.
            (4) The Secretary may by rule require any person engaged in 
        transporting a locatable mineral, concentrate, or product 
        derived there from to carry on his or her person, in his or her 
        vehicle, or in his or her immediate control, documentation 
        showing, at a minimum, the amount, origin, and intended 
        destination of the locatable mineral, concentrate, or product 
        derived there from in such circumstances as the Secretary 
        determines is appropriate.
    (c) Recordkeeping and Reporting Requirements.--
            (1) A claim holder, operator, or other person directly 
        involved in developing, producing, processing, transporting, 
        purchasing, or selling locatable minerals, concentrates, or 
        products derived therefrom, subject to this title, through the 
        point of royalty computation shall establish and maintain any 
        records, make any reports, and provide any information that the 
        Secretary may reasonably require for the purposes of 
        implementing this section or determining compliance with rules 
        or orders under this section. Such records shall include, but 
        not be limited to, periodic reports, records, documents, and 
        other data. Such reports may also include, but not be limited 
        to, pertinent technical and financial data relating to the 
        quantity, quality, composition volume, weight, and assay of all 
        minerals extracted from the mining claim. Upon the request of 
        any officer or employee duly designated by the Secretary 
        conducting an audit or investigation pursuant to this section, 
        the appropriate records, reports, or information that may be 
        required by this section shall be made available for inspection 
        and duplication by such officer or employee. Failure by a claim 
        holder, operator, or other person referred to in the first 
        sentence to cooperate with such an audit, provide data required 
        by the Secretary, or grant access to information may, at the 
        discretion of the Secretary, result in involuntary forfeiture 
        of the claim.
            (2) Records required by the Secretary under this section 
        shall be maintained for 7 years after release of financial 
        assurance under section 536 unless the Secretary notifies the 
        operator that the Secretary has initiated an audit or 
        investigation involving such records and that such records must 
        be maintained for a longer period. In any case when an audit or 
        investigation is underway, records shall be maintained until 
        the Secretary releases the operator of the obligation to 
        maintain such records.
    (d) Audits.--The Secretary is authorized to conduct such audits of 
all claim holders, operators, transporters, purchasers, processors, or 
other persons directly or indirectly involved in the production or 
sales of minerals covered by this title, as the Secretary deems 
necessary for the purposes of ensuring compliance with the requirements 
of this section. For purposes of performing such audits, the Secretary 
shall, at reasonable times and upon request, have access to, and may 
copy, all books, papers and other documents that relate to compliance 
with any provision of this section by any person.
    (e) Cooperative Agreements.--
            (1) The Secretary is authorized to enter into cooperative 
        agreements with the Secretary of Agriculture to share 
        information concerning the royalty management of locatable 
        minerals, concentrates, or products derived therefrom, to carry 
        out inspection, auditing, investigation, or enforcement (not 
        including the collection of royalties, civil or criminal 
        penalties, or other payments) activities under this section in 
        cooperation with the Secretary, and to carry out any other 
        activity described in this section.
            (2) Except as provided in paragraph (3)(A) of this 
        subsection (relating to trade secrets), and pursuant to a 
        cooperative agreement, the Secretary of Agriculture shall, upon 
        request, have access to all royalty accounting information in 
        the possession of the Secretary respecting the production, 
        removal, or sale of locatable minerals, concentrates, or 
        products derived therefrom from claims on lands open to 
        location under this title.
            (3) Trade secrets, proprietary, and other confidential 
        information protected from disclosure under section 552 of 
        title 5, United States Code, popularly known as the Freedom of 
        Information Act, shall be made available by the Secretary to 
        other Federal agencies as necessary to assure compliance with 
        this title and other Federal laws. The Secretary, the Secretary 
        of Agriculture, the Administrator of the Environmental 
        Protection Agency, and other Federal officials shall ensure 
        that such information is provided protection in accordance with 
        the requirements of that section.
    (f) Interest and Substantial Underreporting Assessments.--
            (1) In the case of mining claims where royalty payments are 
        not received by the Secretary on the date that such payments 
        are due, the Secretary shall charge interest on such 
        underpayments at the same interest rate as the rate applicable 
        under section 6621(a)(2) of the Internal Revenue Code of 1986. 
        In the case of an underpayment, interest shall be computed and 
        charged only on the amount of the deficiency and not on the 
        total amount.
            (2) If there is any underreporting of royalty owed on 
        production from a claim for any production month by any person 
        liable for royalty payments under this section, the Secretary 
        shall assess a penalty of not greater than 25 percent of the 
        amount of that underreporting.
            (3) For the purposes of this subsection, the term 
        ``underreporting'' means the difference between the royalty on 
        the value of the production that should have been reported and 
        the royalty on the value of the production which was reported, 
        if the value that should have been reported is greater than the 
        value that was reported.
            (4) The Secretary may waive or reduce the assessment 
        provided in paragraph (2) of this subsection if the person 
        liable for royalty payments under this section corrects the 
        underreporting before the date such person receives notice from 
        the Secretary that an underreporting may have occurred, or 
        before 90 days after the date of the enactment of this section, 
        whichever is later.
            (5) The Secretary shall waive any portion of an assessment 
        under paragraph (2) of this subsection attributable to that 
        portion of the underreporting for which the person responsible 
        for paying the royalty demonstrates that--
                    (A) such person had written authorization from the 
                Secretary to report royalty on the value of the 
                production on basis on which it was reported;
                    (B) such person had substantial authority for 
                reporting royalty on the value of the production on the 
                basis on which it was reported;
                    (C) such person previously had notified the 
                Secretary, in such manner as the Secretary may by rule 
                prescribe, of relevant reasons or facts affecting the 
                royalty treatment of specific production which led to 
                the underreporting; or
                    (D) such person meets any other exception which the 
                Secretary may, by rule, establish.
    (g) Delegation.--For the purposes of this section, the term 
``Secretary'' means the Secretary of the Interior acting through the 
Director of the Minerals Management Service.
    (h) Expanded Royalty Obligations.--Each person liable for royalty 
payments under this section shall be jointly and severally liable for 
royalty on all locatable minerals, concentrates, or products derived 
therefrom lost or wasted from a mining claim located under the general 
mining laws and maintained in compliance with this title when such loss 
or waste is due to negligence on the part of any person or due to the 
failure to comply with any rule, regulation, or order issued under this 
section.
    (i) Gross Income From Mining Defined.--For the purposes of this 
section, for any locatable mineral, the term ``gross income from 
mining'' has the same meaning as the term ``gross income'' in section 
613(c) of the Internal Revenue Code of 1986.
    (j) Effective Date.--The royalty under this section shall take 
effect with respect to the production of locatable minerals after the 
enactment of this Act, but any royalty payments attributable to 
production during the first 12 calendar months after the enactment of 
this Act shall be payable at the expiration of such 12-month period.
    (k) Failure To Comply With Royalty Requirements.--Any person who 
fails to comply with the requirements of this section or any regulation 
or order issued to implement this section shall be liable for a civil 
penalty under section 109 of the Federal Oil and Gas Royalty Management 
Act (30 U.S.C. 1719) to the same extent as if the claim located under 
the general mining laws and maintained in compliance with this title 
were a lease under that Act.

SEC. 512. HARDROCK MINING CLAIM MAINTENANCE FEE.

    (a) Fee.--
            (1) Except as provided in section 2511(e)(2) of the Energy 
        Policy Act of 1992 (relating to oil shale claims), for each 
        unpatented mining claim, mill or tunnel site on federally owned 
        lands, whether located before, on, or after enactment of this 
        Act, each claimant shall pay to the Secretary, on or before 
        August 31 of each year, a claim maintenance fee of $200 per 
        claim to hold such unpatented mining claim, mill or tunnel site 
        for the assessment year beginning at noon on the next day, 
        September 1. Such claim maintenance fee shall be in lieu of the 
        assessment work requirement contained in the Mining Law of 1872 
        (30 U.S.C. 28 et seq.) and the related filing requirements 
        contained in section 314(a) and (c) of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1744(a) and (c)).
            (2)(A) The Secretary shall adjust the fees required by this 
        section to reflect changes in the Consumer Price Index 
        published by the Bureau of Labor Statistics of the Department 
        of Labor every 5 years after the date of enactment of this Act, 
        or more frequently if the Secretary determines an adjustment to 
        be reasonable. The Secretary shall employ the Consumer Price 
        Index for All-Urban Consumers published by the Department of 
        Labor as the basis for adjustment, and rounding according to 
        the adjustment process of conditions of the Federal Civil 
        Penalties Inflation Adjustment Act of 1990 (104 Stat. 890).
            (B) The Secretary shall provide claimants notice of any 
        adjustment made under this paragraph not later than July 1 of 
        any year in which the adjustment is made.
            (C) A fee adjustment under this paragraph shall begin to 
        apply the calendar year following the calendar year in which it 
        is made.
    (b) Location.--Notwithstanding any provision of law, for every 
unpatented mining claim, mill or tunnel site located after the date of 
enactment of this Act the locator shall, at the time the location 
notice is recorded with the Bureau of Land Management, pay to the 
Secretary a location fee, in addition to the fee required by subsection 
(a) of $50 per claim.
    (c) Co-Ownership.--The co-ownership provisions of the Mining Law of 
1872 (30 U.S.C. 28 et seq.) will remain in effect except that the 
annual claim maintenance fee, where applicable, shall replace 
applicable assessment requirements and expenditures.
    (d) Failure To Pay.--Failure to pay the claim maintenance fee as 
required by subsection (a) shall conclusively constitute a forfeiture 
of the unpatented mining claim, mill or tunnel site by the claimant and 
the claim shall be deemed null and void by operation of law.
    (e) Other Requirements.--
            (1) Nothing in this section shall change or modify the 
        requirements of section 314(b) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1744(b)), or the requirements 
        of section 314(c) of the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1744(c)) related to filings required by 
        section 314(b), which remain in effect.
            (2) Section 2324 of the Revised Statutes of the United 
        States (30 U.S.C. 28) is amended by inserting ``or section 
        103(a) of the Hardrock Mining Reform and Deficit Reduction Act 
        of 2011'' after ``Act of 1993,''.

SEC. 513. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY OF CLAIMS.

    Timely payment of the claim maintenance fee required by section 512 
of this title or any related law relating to the use of Federal land, 
preserves the claimant's ability to use and occupy the Federal land 
concerned for prospecting and exploration, consistent with and subject 
to the requirements of this title and other applicable law.

SEC. 514. LIMITATION ON PATENTS.

    (a) Mining Claims.--
            (1) Determinations required.--After the date of enactment 
        of this Act, no patent shall be issued by the United States for 
        any mining claim located under the general mining laws unless 
        the Secretary determines that, for the claim concerned--
                    (A) a patent application was filed with the 
                Secretary on or before September 30, 1994; and
                    (B) all requirements established under sections 
                2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 
                30) for vein or lode claims and sections 2329, 2330, 
                2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 
                36, and 37) for placer claims were fully complied with 
                by that date.
            (2) Right to patent.--If the Secretary makes the 
        determinations referred to in subparagraphs (A) and (B) of 
        paragraph (1) for any mining claim, the holder of the claim 
        shall be entitled to the issuance of a patent in the same 
        manner and degree to which such claim holder would have been 
        entitled to prior to the enactment of this Act, unless and 
        until such determinations are withdrawn or invalidated by the 
        Secretary or by a court of the United States.
    (b) Millsite Claims.--
            (1) Determinations required.--After the date of enactment 
        of this Act, no patent shall be issued by the United States for 
        any millsite claim located under the general mining laws unless 
        the Secretary determines that for the millsite concerned--
                    (A) a patent application for such land was filed 
                with the Secretary on or before September 30, 1994; and
                    (B) all requirements applicable to such patent 
                application were fully complied with by that date.
            (2) Right to patent.--If the Secretary makes the 
        determinations referred to in subparagraphs (A) and (B) of 
        paragraph (1) for any millsite claim, the holder of the claim 
        shall be entitled to the issuance of a patent in the same 
        manner and degree to which such claim holder would have been 
        entitled to prior to the enactment of this Act, unless and 
        until such determinations are withdrawn or invalidated by the 
        Secretary or by a court of the United States.

                Subtitle B--Protection of Special Places

SEC. 521. LANDS OPEN TO LOCATION.

    (a) Lands Open to Location.--Except as provided in subsection (b), 
mining claims may be located under the general mining laws only on such 
lands and interests as were open to the location of mining claims under 
the general mining laws immediately before the enactment of this Act.
    (b) Lands Not Open to Location.--Notwithstanding any other 
provision of law and subject to valid existing rights, each of the 
following shall not be open to the location of mining claims under the 
general mining laws on or after the date of enactment of this Act:
            (1) Wilderness study areas.
            (2) Areas of critical environmental concern.
            (3) Areas designated for inclusion in the National Wild and 
        Scenic Rivers System pursuant to the Wild and Scenic Rivers Act 
        (16 U.S.C. 1271 et seq.), areas designated for potential 
        addition to such system pursuant to section 5(a) of that Act 
        (16 U.S.C. 1276(a)), and areas determined to be eligible for 
        inclusion in such system pursuant to section 5(d) of such Act 
        (16 U.S.C. 1276(d)).
            (4) Any area identified in the set of inventoried roadless 
        areas maps contained in the Forest Service Roadless Area 
        Conservation Final Environmental Impact Statement, Volume 2, 
        dated November 2000.
    (c) Existing Authority Not Affected.--Nothing in this title limits 
the authority granted the Secretary in section 204 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1714) to withdraw public 
lands.

SEC. 522. WITHDRAWAL PETITIONS BY STATES, POLITICAL SUBDIVISIONS, AND 
              INDIAN TRIBES.

    (a) In General.--Subject to valid existing rights, any State or 
political subdivision of a State or an Indian tribe may submit a 
petition to the Secretary for the withdrawal of a specific tract of 
Federal land from the operation of the general mining laws, in order to 
protect specific values identified in the petition that are important 
to the State or political subdivision or Indian tribe. Such values may 
include the value of a watershed to supply drinking water, wildlife 
habitat value, cultural or historic resources, or value for scenic 
vistas important to the local economy, and other similar values. In the 
case of an Indian tribe, the petition may also identify religious or 
cultural values that are important to the Indian tribe. The petition 
shall contain the information required by section 204 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1714).
    (b) Consideration of Petition.--The Secretary--
            (1) shall solicit public comment on the petition;
            (2) shall make a final decision on the petition within 180 
        days after receiving it; and
            (3) shall grant the petition subject to valid existing 
        rights, unless the Secretary makes and publishes in the Federal 
        Register specific findings why a decision to grant the petition 
        would be against the national interest.

  Subtitle C--Environmental Considerations of Mineral Exploration and 
                              Development

SEC. 531. GENERAL STANDARD FOR HARDROCK MINING ON FEDERAL LAND.

    Notwithstanding section 302(b) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1732(b)), the first section of the 
Act of June 4, 1897 (chapter 2; 30 Stat. 36 16 U.S.C. 478), and the 
National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), and in 
accordance with this subtitle and applicable law, unless expressly 
stated otherwise in this title, the Secretary--
            (1) shall ensure that mineral activities on any Federal 
        land that is subject to a mining claim, millsite claim, or 
        tunnel site claim is carefully controlled to prevent undue 
        degradation of public lands and resources; and
            (2) shall not grant permission to engage in mineral 
        activities if the Secretary, after considering the evidence, 
        determines that undue degradation would result from such 
        activities.

SEC. 532. PERMITS.

    (a) Permits Required.--No person may engage in mineral activities 
on Federal land that may cause a disturbance of surface resources, 
including land, air, ground water and surface water, and fish and 
wildlife, unless--
            (1) the claim was properly located under the general mining 
        laws and maintained in compliance with such laws and this 
        title; and
            (2) a permit was issued to such person under this subtitle 
        authorizing such activities.
    (b) Negligible Disturbance.--Notwithstanding subsection (a)(2), a 
permit under this subtitle shall not be required for mineral activities 
that are a casual use of the Federal land.
    (c) Coordination With NEPA Process.--The Secretary and the 
Secretary of Agriculture shall conduct the permit processes under this 
title in coordination with the timing and other requirements under 
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332).

SEC. 533. EXPLORATION PERMIT.

    (a) Authorized Exploration Activity.--Any claim holder may apply 
for an exploration permit for any mining claim authorizing the claim 
holder to remove a reasonable amount of the locatable minerals from the 
claim for analysis, study and testing. Such permit shall not authorize 
the claim holder to remove any mineral for sale nor to conduct any 
activities other than those required for exploration for locatable 
minerals and reclamation.
    (b) Permit Application Requirements.--An application for an 
exploration permit under this section shall be submitted in a manner 
satisfactory to the Secretary or, for National Forest System lands, the 
Secretary of Agriculture, and shall contain an exploration plan, a 
reclamation plan for the proposed exploration, and such documentation 
as necessary to ensure compliance with applicable Federal and State 
environmental laws and regulations.
    (c) Reclamation Plan Requirements.--The reclamation plan required 
to be included in a permit application under subsection (b) shall 
include such provisions as may be jointly prescribed by the Secretary 
and the Secretary of Agriculture.
    (d) Permit Issuance or Denial.--The Secretary, or for National 
Forest System lands, the Secretary of Agriculture, shall issue an 
exploration permit pursuant to an application under this section unless 
such Secretary makes any of the following determinations:
            (1) The permit application, the exploration plan and 
        reclamation plan are not complete and accurate.
            (2) The applicant has not demonstrated that proposed 
        reclamation can be accomplished.
            (3) The proposed exploration activities and condition of 
        the land after the completion of exploration activities and 
        final reclamation would not conform with the land use plan 
        applicable to the area subject to mineral activities.
            (4) The area subject to the proposed permit is included 
        within an area not open to location under section 521.
            (5) The applicant has not demonstrated that the exploration 
        plan and reclamation plan will be in compliance with the 
        requirements of this title and all other applicable Federal 
        requirements, and any State requirements agreed to by the 
        Secretary of the Interior (or Secretary of Agriculture, as 
        appropriate).
            (6) The applicant has not demonstrated that the 
        requirements of section 536 (relating to financial assurance) 
        will be met.
            (7) The applicant is ineligible to receive a permit as 
        determined under section 535.
    (e) Term of Permit.--An exploration permit shall be for a stated 
term. The term shall be no greater than that necessary to accomplish 
the proposed exploration, and in no case for more than 10 years.
    (f) Permit Modification.--During the term of an exploration permit, 
the permit holder may submit an application to modify the permit. To 
approve a proposed modification to the permit, the Secretary concerned 
shall make the same determinations as are required in the case of an 
original permit, except that the Secretary and the Secretary of 
Agriculture may specify by joint rule the extent to which requirements 
for initial exploration permits under this section shall apply to 
applications to modify an exploration permit based on whether such 
modifications are deemed significant or minor.
    (g) Transfer, Assignment, or Sale of Rights.--
            (1) No transfer, assignment, or sale of rights granted by a 
        permit issued under this section shall be made without the 
        prior written approval of the Secretary or for National Forest 
        System lands, the Secretary of Agriculture.
            (2) Such Secretary shall allow a person holding a permit to 
        transfer, assign, or sell rights under the permit to a 
        successor, if the Secretary finds, in writing, that the 
        successor--
                    (A) is eligible to receive a permit in accordance 
                with section 534(d);
                    (B) has submitted evidence of financial assurance 
                satisfactory under section 536; and
                    (C) meets any other requirements specified by the 
                Secretary.
            (3) The successor in interest shall assume the liability 
        and reclamation responsibilities established by the existing 
        permit and shall conduct the mineral activities in full 
        compliance with this title, and the terms and conditions of the 
        permit as in effect at the time of transfer, assignment, or 
        sale.
            (4) Each application for approval of a permit transfer, 
        assignment, or sale pursuant to this subsection shall be 
        accompanied by a fee payable to the Secretary of the Interior 
        in such amount as may be established by such Secretary. Such 
        amount shall be equal to the actual or anticipated cost to the 
        Secretary or the Secretary of Agriculture, as appropriate, of 
        reviewing and approving or disapproving such transfer, 
        assignment, or sale, as determined by the Secretary of the 
        Interior.

SEC. 534. OPERATIONS PERMIT.

    (a) Operations Permit.--
            (1) Any claim holder that is in compliance with the general 
        mining laws and section 513 of this title may apply to the 
        Secretary, or for National Forest System lands, the Secretary 
        of Agriculture, for an operations permit authorizing the claim 
        holder to carry out mineral activities, other than casual use, 
        on--
                    (A) any valid mining claim, valid millsite claim, 
                or valid tunnel site claim; and
                    (B) such additional Federal land as the Secretary 
                may determine is necessary to conduct the proposed 
                mineral activities, if the operator obtains a right-of-
                way permit for use of such additional lands under title 
                V of the Federal Land Policy and Management Act of 1976 
                (43 U.S.C. 1761 et seq.) and agrees to pay all fees 
                required under that title for the permit under that 
                title.
    (2) If the Secretary decides to issue such permit, the permit shall 
include such terms and conditions as prescribed by such Secretary to 
carry out this subtitle.
    (b) Permit Application Requirements.--An application for an 
operations permit under this section shall be submitted in a manner 
satisfactory to the Secretary concerned and shall contain site 
characterization data, an operations plan, a reclamation plan, 
monitoring plans, long-term maintenance plans, to the extent necessary, 
and such documentation as necessary to ensure compliance with 
applicable Federal and State environmental laws and regulations. If the 
proposed mineral activities will be carried out in conjunction with 
mineral activities on adjacent non-Federal lands, information on the 
location and nature of such operations may be required by the 
Secretary.
    (c) Permit Issuance or Denial.--
            (1) After providing for public participation pursuant to 
        subsection (i), the Secretary, or for National Forest System 
        lands the Secretary of Agriculture, shall issue an operations 
        permit if such Secretary makes each of the following 
        determinations in writing, and shall deny a permit if such 
        Secretary finds that the application and applicant do not fully 
        meet the following requirements:
                    (A) The permit application, including the site 
                characterization data, operations plan, and reclamation 
                plan, are complete and accurate and sufficient for 
                developing a good understanding of the anticipated 
                impacts of the mineral activities and the effectiveness 
                of proposed mitigation and control.
                    (B) The applicant has demonstrated that the 
                proposed reclamation in the operation and reclamation 
                plan can be and is likely to be accomplished by the 
                applicant and will not cause undue degradation.
                    (C) The condition of the land, including the fish 
                and wildlife resources and habitat contained thereon, 
                after the completion of mineral activities and final 
                reclamation, will conform to the land use plan 
                applicable to the area subject to mineral activities 
                and are returned to a productive use.
                    (D) The area subject to the proposed plan is open 
                to location for the types of mineral activities 
                proposed.
                    (E) The proposed operation has been designed to 
                prevent material damage to the hydrologic balance.
                    (F) The applicant will fully comply with the 
                requirements of section 536 (relating to financial 
                assurance) prior to the initiation of operations.
                    (G) Neither the applicant nor operator, nor any 
                subsidiary, affiliate, or person controlled by or under 
                common control with the applicant or operator, is 
                ineligible to receive a permit under section 535.
                    (H) The reclamation plan demonstrates that 10 years 
                following mine closure, no treatment of surface or 
                ground water will be required to meet water quality 
                standards at the point of discharge.
            (2) With respect to any activities specified in the 
        reclamation plan referred to in subsection (b) that constitutes 
        a removal or remedial action under section 101 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Secretary 
        shall consult with the Administrator of the Environmental 
        Protection Agency prior to the issuance of an operations 
        permit. The Administrator shall ensure that the reclamation 
        plan does not require activities that would increase the costs 
        or likelihood of removal or remedial actions under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.) or corrective 
        actions under the Solid Waste Disposal Act (42 U.S.C. 6901 et 
        seq.).
    (d) Term of Permit; Renewal.--
            (1) An operations permit--
                    (A) shall be for a term that is no longer than the 
                shorter of--
                            (i) the period necessary to accomplish the 
                        proposed mineral activities subject to the 
                        permit; and
                            (ii) 20 years; and
                    (B) shall be renewed for an additional 20-year 
                period if the operation is in compliance with the 
                requirements of this title and other applicable law.
            (2) Failure by the operator to commence mineral activities 
        within 2 years of the date scheduled in an operations permit 
        shall require a modification of the permit if the Secretary 
        concerned determines that modifications are necessary to comply 
        with section 521.
    (e) Permit Modification.--
            (1) During the term of an operations permit the operator 
        may submit an application to modify the permit (including the 
        operations plan or reclamation plan, or both).
            (2) The Secretary, or for National Forest System lands the 
        Secretary of Agriculture, may, at any time, require reasonable 
        modification to any operations plan or reclamation plan upon a 
        determination that the requirements of this title cannot be met 
        if the plan is followed as approved. Such determination shall 
        be based on a written finding and subject to public notice and 
        hearing requirements established by the Secretary concerned.
            (3) A permit modification is required before changes are 
        made to the approved plan of operations, or if unanticipated 
        events or conditions exist on the mine site, including in the 
        case of--
                    (A) development of acid or toxic drainage;
                    (B) loss of springs or water supplies;
                    (C) water quantity, water quality, or other 
                resulting water impacts that are significantly 
                different than those predicted in the application;
                    (D) the need for long-term water treatment;
                    (E) significant reclamation difficulties or 
                reclamation failure;
                    (F) the discovery of significant scientific, 
                cultural, or biological resources that were not 
                addressed in the original plan; or
                    (G) the discovery of hazards to public safety.
    (f) Temporary Cessation of Operations.--
            (1) An operator conducting mineral activities under an 
        operations permit in effect under this subtitle may not 
        temporarily cease mineral activities for a period greater than 
        180 days unless the Secretary concerned has approved such 
        temporary cessation or unless the temporary cessation is 
        permitted under the original permit. Any operator temporarily 
        ceasing mineral activities for a period greater than 90 days 
        under an operations permit issued before the date of the 
        enactment of this Act shall submit, before the expiration of 
        such 90-day period, a complete application for temporary 
        cessation of operations to the Secretary concerned for approval 
        unless the temporary cessation is permitted under the original 
        permit.
            (2) An application for approval of temporary cessation of 
        operations shall include such information required under 
        subsection (b) and any other provisions prescribed by the 
        Secretary concerned to minimize impacts on the environment. 
        After receipt of a complete application for temporary cessation 
        of operations such Secretary shall conduct an inspection of the 
        area for which temporary cessation of operations has been 
        requested.
            (3) To approve an application for temporary cessation of 
        operations, the Secretary concerned shall make each of the 
        following determinations:
                    (A) A determination that the methods for securing 
                surface facilities and restricting access to the permit 
                area, or relevant portions thereof, will effectively 
                ensure against hazards to the health and safety of the 
                public and fish and wildlife.
                    (B) A determination that reclamation is in 
                compliance with the approved reclamation plan, except 
                in those areas specifically designated in the 
                application for temporary cessation of operations for 
                which a delay in meeting such standards is necessary to 
                facilitate the resumption of operations.
                    (C) A determination that the amount of financial 
                assurance filed with the permit application is 
                sufficient to assure completion of the reclamation 
                activities identified in the approved reclamation plan 
                in the event of forfeiture.
                    (D) A determination that any outstanding notices of 
                violation and cessation orders incurred in connection 
                with the plan for which temporary cessation is being 
                requested are either stayed pursuant to an 
                administrative or judicial appeal proceeding or are in 
                the process of being abated to the satisfaction of the 
                Secretary concerned.
    (g) Permit Reviews.--The Secretary, or for National Forest System 
lands the Secretary of Agriculture, shall review each permit issued 
under this section every 10 years during the term of such permit, shall 
provide public notice of the permit review, and, based upon a written 
finding, such Secretary shall require the operator to take such actions 
as the Secretary deems necessary to assure that mineral activities 
conform to the permit, including adjustment of financial assurance 
requirements.
    (h) Transfer, Assignment, or Sale of Rights.--
            (1) No transfer, assignment, or sale of rights granted by a 
        permit under this section shall be made without the prior 
        written approval of the Secretary, or for National Forest 
        System lands the Secretary of Agriculture.
            (2) The Secretary, or for National Forest System lands, the 
        Secretary of Agriculture, may allow a person holding a permit 
        to transfer, assign, or sell rights under the permit to a 
        successor, if such Secretary finds, in writing, that the 
        successor--
                    (A) has submitted information required and is 
                eligible to receive a permit in accordance with section 
                535;
                    (B) has submitted evidence of financial assurance 
                satisfactory under section 536; and
                    (C) meets any other requirements specified by such 
                Secretary.
            (3) The successor in interest shall assume reclamation and 
        other responsibilities established by the existing permit and 
        shall conduct the mineral activities in full compliance with 
        this title, and the terms and conditions of the permit as in 
        effect at the time of transfer, assignment, or sale.
            (4) Each application for approval of a permit transfer, 
        assignment, or sale pursuant to this subsection shall be 
        accompanied by a fee payable to the Secretary of the Interior, 
        or for National Forest System lands, the Secretary of 
        Agriculture, in such amount as may be established by such 
        Secretary, or for National Forest System lands, by the 
        Secretary of Agriculture. Such amount shall be equal to the 
        actual or anticipated cost to the Secretary or, for National 
        Forest System lands, to the Secretary of Agriculture, of 
        reviewing and approving or disapproving such transfer, 
        assignment, or sale, as determined by such Secretary.
    (i) Public Participation.--The Secretary of the Interior and the 
Secretary of Agriculture shall jointly promulgate regulations to ensure 
transparency and public participation in permit decisions required 
under this title, consistent with any requirements that apply to such 
decisions under section 102 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332).

SEC. 535. PERSONS INELIGIBLE FOR PERMITS.

    (a) Current Violations.--Unless corrective action has been taken in 
accordance with subsection (c), no permit under this subtitle shall be 
issued or transferred to an applicant if the applicant or any agent of 
the applicant, the operator (if different than the applicant) of the 
claim concerned, any claim holder (if different than the applicant) of 
the claim concerned, or any affiliate or officer or director of the 
applicant is currently in violation of any of the following:
            (1) A provision of this title or any regulation under this 
        title.
            (2) An applicable State or Federal toxic substance, solid 
        waste, air, water quality, or fish and wildlife conservation 
        law or regulation at any site where mining, beneficiation, or 
        processing activities are occurring or have occurred.
            (3) The Surface Mining Control and Reclamation Act of 1977 
        (30 U.S.C. 1201 et seq.) or any regulation implementing that 
        Act at any site where surface coal mining operations have 
        occurred or are occurring.
    (b) Suspension.--The Secretary, or for National Forest System lands 
the Secretary of Agriculture, shall suspend an operations permit, in 
whole or in part, if such Secretary determines that any of the entities 
described in subsection (a) were in violation of any requirement listed 
in subsection (a) at the time the permit was issued.
    (c) Correction.--
            (1) The Secretary, or for National Forest System lands the 
        Secretary of Agriculture, may issue or reinstate a permit under 
        this subtitle if the applicant submits proof that the violation 
        referred to in subsection (a) or (b) has been corrected or is 
        in the process of being corrected to the satisfaction of such 
        Secretary and the regulatory authority involved or if the 
        applicant submits proof that the violator has filed and is 
        presently pursuing, a direct administrative or judicial appeal 
        to contest the existence of the violation. For purposes of this 
        section, an appeal of any applicant's relationship to an 
        affiliate shall not constitute a direct administrative or 
        judicial appeal to contest the existence of the violation.
            (2) Any permit which is issued or reinstated based upon 
        proof submitted under this subsection shall be conditionally 
        approved or conditionally reinstated, as the case may be. If 
        the violation is not successfully abated or the violation is 
        upheld on appeal, the permit shall be suspended or revoked.
    (d) Pattern of Willful Violations.--No permit under this title may 
be issued to any applicant if there is a demonstrated pattern of 
willful violations of the environmental protection requirements of this 
title by the applicant, any affiliate of the applicant, or the operator 
or claim holder if different than the applicant.

SEC. 536. FINANCIAL ASSURANCE.

    (a) Financial Assurance Required.--
            (1) Subject to public notice and comment, and after a 
        permit is issued under this subtitle and before any exploration 
        or operations begin under the permit, the operator shall file 
        with the Secretary, or for National Forest System lands the 
        Secretary of Agriculture, evidence of financial assurance 
        payable to the United States. The financial assurance shall be 
        provided in the form of a surety bond, a trust fund, letters of 
        credits, government securities, certificates of deposit, cash, 
        or an equivalent form approved by such Secretary.
            (2) The financial assurance shall cover all lands within 
        the initial permit area and all affected waters that may 
        require restoration, treatment, or other management as a result 
        of mineral activities, and shall be extended to cover all lands 
        and waters added pursuant to any permit modification made under 
        section 533(f) (relating to exploration permits) or section 
        534(e) (relating to operations permits), or affected by mineral 
        activities.
    (b) Amount.--The amount of the financial assurance required under 
this section shall be sufficient to assure the completion of 
reclamation and restoration satisfying the requirements of this title 
if the work were to be performed by the Secretary concerned in the 
event of forfeiture, including the construction and maintenance costs 
for any treatment facilities necessary to meet Federal and State 
environmental requirements. The calculation of such amount shall take 
into account the maximum level of financial exposure which shall arise 
during the mineral activity and administrative costs associated with a 
government agency reclaiming the site.
    (c) Duration.--The financial assurance required under this section 
shall be held for the duration of the mineral activities and for an 
additional period to cover the operator's responsibility for 
reclamation, restoration, and long-term maintenance, and effluent 
treatment as specified in subsection (g).
    (d) Adjustments.--The amount of the financial assurance and the 
terms of the acceptance of the assurance may be adjusted by the 
Secretary concerned from time to time as the area requiring coverage is 
increased or decreased, or where the costs of reclamation or treatment 
change, or pursuant to section 534(f) (relating to temporary cessation 
of operations), but the financial assurance shall otherwise be in 
compliance with this section. The Secretary concerned shall review the 
financial guarantee every 3 years and as part of the permit application 
review under section 534(c).
    (e) Release.--Upon request, and after notice and opportunity for 
public comment, and after inspection by the Secretary, or for National 
Forest System lands, the Secretary of Agriculture, such Secretary may, 
after consultation with the Administrator of the Environmental 
Protection Agency, release in whole or in part the financial assurance 
required under this section if the Secretary makes both of the 
following determinations:
            (1) A determination that reclamation or restoration covered 
        by the financial assurance has been accomplished as required by 
        this title.
            (2) A determination that the terms and conditions of any 
        other applicable Federal requirements, and State requirements 
        applicable pursuant to cooperative agreements under section 
        538, have been fulfilled.
    (f) Release Schedule.--The release referred to in subsection (e) 
shall be according to the following schedule:
            (1) After the operator has completed any required 
        backfilling, regrading, and drainage control of an area subject 
        to mineral activities and covered by the financial assurance, 
        and has commenced revegetation on the regraded areas subject to 
        mineral activities in accordance with the approved plan, that 
        portion of the total financial assurance secured for the area 
        subject to mineral activities attributable to the completed 
        activities may be released except that sufficient assurance 
        must be retained to address other required reclamation and 
        restoration needs and to assure the long-term success of the 
        revegetation.
            (2) After the operator has completed successfully all 
        remaining mineral activities and reclamation activities and all 
        requirements of the operations plan and the reclamation plan, 
        and all other requirements of this title have been fully met, 
        including the requirements of subsection (g) of this section, 
        the remaining portion of the financial assurance may be 
        released.
During the period following release of the financial assurance as 
specified in paragraph (1), until the remaining portion of the 
financial assurance is released as provided in paragraph (2), the 
operator shall be required to comply with the permit issued under this 
subtitle.
    (g) Effluent.--Notwithstanding section 537(b)(4), where any 
discharge or other water-related condition resulting from the mineral 
activities requires treatment in order to meet the applicable effluent 
limitations and water quality standards, the financial assurance shall 
include the estimated cost of maintaining such treatment for the 
projected period that will be needed after the cessation of mineral 
activities. The portion of the financial assurance attributable to such 
estimated cost of treatment shall not be released until the discharge 
has ceased for a period of 5 years, as determined by ongoing monitoring 
and testing, or, if the discharge continues, until the operator has met 
all applicable effluent limitations and water quality standards for 5 
full years without treatment.
    (h) Environmental Hazards.--If the Secretary, or for National 
Forest System lands, the Secretary of Agriculture, determines, after 
final release of financial assurance, that an environmental hazard 
resulting from the mineral activities exists, or the terms and 
conditions of the explorations or operations permit of this title were 
not fulfilled in fact at the time of release, such Secretary shall 
issue an order under section 556 requiring the claim holder or operator 
(or any person who controls the claim holder or operator) to correct 
the condition such that applicable laws and regulations and any 
conditions from the plan of operations are met.

SEC. 537. OPERATION AND RECLAMATION.

    (a) General Rule.--
            (1) The operator shall restore lands subject to mineral 
        activities carried out under a permit issued under this 
        subtitle to a condition capable of supporting--
                    (A) the uses which such lands were capable of 
                supporting prior to surface disturbance by the 
                operator, or
                    (B) other beneficial uses which conform to 
                applicable land use plans as determined by the 
                Secretary, or for National Forest System lands, the 
                Secretary of Agriculture.
            (2) Reclamation shall proceed as contemporaneously as 
        practicable with the conduct of mineral activities. In the case 
        of a cessation of mineral activities beyond that provided for 
        as a temporary cessation under this title, reclamation 
        activities shall begin immediately.
    (b) Operation and Reclamation Standards.--The Secretary of the 
Interior and the Secretary of Agriculture shall jointly promulgate 
regulations that establish operation and reclamation standards for 
mineral activities permitted under this title. The Secretaries may 
determine whether outcome-based performance standards or technology-
based design standards are most appropriate. The regulations shall 
address the following:
            (1) Segregation, protection, and replacement of topsoil or 
        other suitable growth medium, and the prevention, where 
        possible, of soil contamination.
            (2) Maintenance of the stability of all surface areas.
            (3) Control of sediments to prevent erosion and manage 
        drainage.
            (4) Minimization of the formation and migration of acidic, 
        alkaline, metal-bearing, or other deleterious leachate.
            (5) Reduction of the visual impact of mineral activities to 
        the surrounding topography, including as necessary pit 
        backfill.
            (6) Establishment of a diverse, effective, and permanent 
        vegetative cover of the same seasonal variety native to the 
        area affected by mineral activities, and equal in extent of 
        cover to the natural vegetation of the area.
            (7) Design and maintenance of leach operations, 
        impoundments, and excess waste according to standard 
        engineering standards to achieve and maintain stability and 
        reclamation of the site.
            (8) Removal of structures and roads and sealing of drill 
        holes.
            (9) Restoration of, or mitigation for, fish and wildlife 
        habitat disturbed by mineral activities.
            (10) Preservation of cultural, paleontological, and cave 
        resources.
            (11) Prevention and suppression of fire in the area of 
        mineral activities.
    (c) Surface or Groundwater Withdrawals.--The Secretary shall work 
with State and local governments with authority over the allocation and 
use of surface and groundwater in the area around the mine site as 
necessary to ensure that any surface or groundwater withdrawals made as 
a result of mining activities approved under this section do not cause 
undue degradation or results in material alteration of the hydrologic 
balance.
    (d) Special Rule.--Reclamation activities for a mining claim that 
has been forfeited, relinquished, or lapsed, or a plan that has expired 
or been revoked or suspended, shall continue subject to review and 
approval by the Secretary, or for National Forest System lands the 
Secretary of Agriculture.

SEC. 538. STATE LAW AND REGULATION.

    (a) State Law.--
            (1) Any reclamation, land use, environmental, or public 
        health protection standard or requirement in State, county, 
        local, or tribal law or regulation that meets or exceeds the 
        requirements of this title shall not be construed to be 
        inconsistent with any such standard.
            (2) Any bonding standard or requirement in State, county, 
        local, or tribal law or regulation that meets or exceeds the 
        requirements of this title shall not be construed to be 
        inconsistent with such requirements.
            (3) Any inspection standard or requirement in State, 
        county, local, or tribal law or regulation that meets or 
        exceeds the requirements of this title shall not be construed 
        to be inconsistent with such requirements.
    (b) Applicability of Other State Requirements.--
            (1) Nothing in this title shall be construed as affecting 
        any toxic substance, solid waste, or air or water quality, 
        standard or requirement of any State, county, local, or tribal 
        law or regulation, which may be applicable to mineral 
        activities on lands subject to this title.
            (2) Nothing in this title shall be construed as affecting 
        in any way the right of any person to enforce or protect, under 
        applicable law, such person's interest in water resources 
        affected by mineral activities on lands subject to this title.
    (c) Cooperative Agreements.--
            (1) Any State may enter into a cooperative agreement with 
        the Secretary, or for National Forest System lands the 
        Secretary of Agriculture, for the purposes of such Secretary 
        applying such standards and requirements referred to in 
        subsection (a) and subsection (b) to mineral activities or 
        reclamation on lands subject to this title.
            (2) In such instances where the proposed mineral activities 
        would affect lands not subject to this title in addition to 
        lands subject to this title, in order to approve a plan of 
        operations the Secretary concerned shall enter into a 
        cooperative agreement with the State that sets forth a common 
        regulatory framework consistent with the requirements of this 
        title for the purposes of such plan of operations. Any such 
        common regulatory framework shall not negate the authority of 
        the Federal Government to independently inspect mines and 
        operations and bring enforcement actions for violations.
            (3) The Secretary concerned shall not enter into a 
        cooperative agreement with any State under this section until 
        after notice in the Federal Register and opportunity for public 
        comment and hearing.
    (d) Prior Agreements.--Any cooperative agreement or such other 
understanding between the Secretary concerned and any State, or 
political subdivision thereof, relating to the management of mineral 
activities on lands subject to this title that was in existence on the 
date of enactment of this Act may only continue in force until 1 year 
after the date of enactment of this Act. During such 1-year period, the 
State and the Secretary shall review the terms of the agreement and 
make changes that are necessary to be consistent with this title.

SEC. 539. LIMITATION ON THE ISSUANCE OF PERMITS.

    No permit shall be issued under this subtitle that authorizes 
mineral activities that would impair the land or resources of a 
National Park or a National Monument. For purposes of this section, the 
term ``impair'' shall include any diminution of the affected land 
including wildlife, scenic assets, water resources, air quality, and 
acoustic qualities, or other changes that would impair a citizen's 
experience at the National Park or National Monument.

        Subtitle D--Administrative and Miscellaneous Provisions

SEC. 541. POLICY FUNCTIONS.

    (a) Minerals Policy.--Section 101 of the Mining and Minerals Policy 
Act of 1970 (30 U.S.C. 21a) is amended--
            (1) in the first sentence by inserting before the period at 
        the end the following: ``and to ensure that mineral extraction 
        and processing not cause undue degradation of the natural and 
        cultural resources of the public lands''; and
            (2) by adding at the end thereof the following: ``It shall 
        also be the responsibility of the Secretary of Agriculture to 
        carry out the policy provisions of paragraphs (1) and (2) of 
        this section.''.
    (b) Mineral Data.--Section 5(e)(3) of the National Materials and 
Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 
1604(e)(3)) is amended by inserting before the period the following: 
``, except that for National Forest System lands the Secretary of 
Agriculture shall promptly initiate actions to improve the availability 
and analysis of mineral data in public land use decisionmaking''.

SEC. 542. USER FEES.

    (a) In General.--The Secretary and the Secretary of Agriculture may 
each establish and collect from persons subject to the requirements of 
this title such user fees as may be necessary to reimburse the United 
States for expenses incurred in administering such requirements. Fees 
may be assessed and collected under this section only in such manner as 
may reasonably be expected to result in an aggregate amount of the fees 
collected during any fiscal year which does not exceed the aggregate 
amount of administrative expenses referred to in this section.
    (b) Adjustment.--
            (1) The Secretary shall adjust the fees required by this 
        section to reflect changes in the Consumer Price Index 
        published by the Bureau of Labor Statistics of the Department 
        of Labor every 5 years after the date of enactment of this Act, 
        or more frequently if the Secretary determines an adjustment to 
        be reasonable.
            (2) The Secretary shall provide claimants notice of any 
        adjustment made under this subsection not later than July 1 of 
        any year in which the adjustment is made.
            (3) A fee adjustment under this subsection shall begin to 
        apply the calendar year following the calendar year in which it 
        is made.

SEC. 543. INSPECTION AND MONITORING.

    (a) Inspections.--
            (1) The Secretary, or for National Forest System lands the 
        Secretary of Agriculture, shall make inspections of mineral 
        activities so as to ensure compliance with the requirements of 
        this title.
            (2) The Secretary concerned shall establish a frequency of 
        inspections for mineral activities conducted under a permit 
        issued under subtitle C, but in no event shall such inspection 
        frequency be less than one complete inspection per calendar 
        quarter or, two per calendar quarter in the case of a permit 
        for which the Secretary concerned approves an application under 
        section 534(f) (relating to temporary cessation of operations). 
        After revegetation has been established in accordance with a 
        reclamation plan, such Secretary shall conduct annually two 
        complete inspections. Such Secretary shall have the discretion 
        to modify the inspection frequency for mineral activities that 
        are conducted on a seasonal basis. Inspections shall continue 
        under this subsection until final release of financial 
        assurance.
            (3)(A) Any person who has reason to believe he or she is or 
        may be adversely affected by mineral activities due to any 
        violation of the requirements of a permit approved under this 
        title may request an inspection. The Secretary, or for National 
        Forest System lands the Secretary of Agriculture, shall 
        determine within 10 working days of receipt of the request 
        whether the request states a reason to believe that a violation 
        exists. If the person alleges and provides reason to believe 
        that an imminent threat to the environment or danger to the 
        health or safety of the public exists, the 10-day period shall 
        be waived and the inspection shall be conducted immediately. 
        The identity of the person supplying information to the 
        Secretary relating to a possible violation or imminent danger 
        or harm shall remain confidential with the Secretary if so 
        requested by that person.
            (B) The Secretaries shall, by joint rule, establish 
        procedures for the review of (i) any decision by an authorized 
        representative not to inspect; or (ii) any refusal by such 
        representative to ensure that remedial actions are taken with 
        respect to any alleged violation. The Secretary concerned shall 
        furnish such persons requesting the review a written statement 
        of the reasons for the Secretary's final disposition of the 
        case.
    (b) Monitoring.--
            (1) The Secretary, or for National Forest System lands the 
        Secretary of Agriculture, shall require all operators to 
        develop and maintain a monitoring and evaluation system that 
        shall identify compliance with all requirements of a permit 
        approved under this title. The Secretary concerned may require 
        additional monitoring to be conducted as necessary to assure 
        compliance with the reclamation and other environmental 
        standards of this title. Such plan must be reviewed and 
        approved by the Secretary and shall become a part of the 
        explorations or operations permit.
            (2) The operator shall file reports with the Secretary, or 
        for National Forest System lands the Secretary of Agriculture, 
        on a frequency determined by the Secretary concerned, on the 
        results of the monitoring and evaluation process, except that 
        if the monitoring and evaluation show a violation of the 
        requirements of a permit approved under this title, it shall be 
        reported immediately to the Secretary concerned. The Secretary 
        shall evaluate the reports submitted pursuant to this 
        paragraph, and based on those reports and any necessary 
        inspection shall take enforcement action pursuant to this 
        section. Such reports shall be maintained by the operator and 
        by the Secretary and shall be made available to the public.
            (3) The Secretary, or for National Forest System lands the 
        Secretary of Agriculture, shall determine what information 
        shall be reported by the operator pursuant to paragraph (2). A 
        failure to report as required by the Secretary concerned shall 
        constitute a violation of this title and subject the operator 
        to enforcement action pursuant to section 556.

SEC. 544. CITIZENS SUITS.

    (a) In General.--Except as provided in subsection (b), any person 
may commence a civil action on his or her own behalf to compel 
compliance--
            (1) against any person (including the Secretary or the 
        Secretary of Agriculture) who is alleged to be in violation of 
        any of the provisions of this title or any regulation 
        promulgated pursuant to subtitle C of this title or any term or 
        condition of any permit issued under subtitle C of this title; 
        or
            (2) against the Secretary or the Secretary of Agriculture 
        where there is alleged a failure of such Secretary to perform 
        any act or duty under this title, or to promulgate any 
        regulation under this title, which is not within the discretion 
        of the Secretary concerned.
The United States district courts shall have jurisdiction over actions 
brought under this section, without regard to the amount in controversy 
or the citizenship of the parties, including actions brought to apply 
any civil penalty under this title. The district courts of the United 
States shall have jurisdiction to compel agency action unreasonably 
delayed, except that an action to compel agency action reviewable under 
section 555 may only be filed in a United States district court within 
the circuit in which such action would be reviewable under section 555.
    (b) Exceptions.--
            (1) No action may be commenced under subsection (a) before 
        the end of the 60-day period beginning on the date the 
        plaintiff has given notice in writing of such alleged violation 
        to the alleged violator and the Secretary, or for National 
        Forest System lands the Secretary of Agriculture, except that 
        any such action may be brought immediately after such 
        notification if the violation complained of constitutes an 
        imminent threat to the environment or to the health or safety 
        of the public.
            (2) No action may be brought against any person other than 
        the Secretary or the Secretary of Agriculture under subsection 
        (a)(1) if such Secretary has commenced and is diligently 
        prosecuting a civil or criminal action in a court of the United 
        States to require compliance.
            (3) No action may be commenced under paragraph (2) of 
        subsection (a) against either Secretary to review any rule 
        promulgated by, or to any permit issued or denied by such 
        Secretary if such rule or permit issuance or denial is 
        judicially reviewable under section 555 or under any other 
        provision of law at any time after such promulgation, issuance, 
        or denial is final.
    (c) Venue.--Venue of all actions brought under this section shall 
be determined in accordance with section 1391 of title 28, United 
States Code.
    (d) Costs.--The court, in issuing any final order in any action 
brought pursuant to this section may award costs of litigation 
(including attorney and expert witness fees) to any prevailing or 
substantially prevailing party whenever the court determines such award 
is appropriate. The court may, if a temporary restraining order or 
preliminary injunction is sought, require the filing of a bond or 
equivalent security in accordance with the Federal Rules of Civil 
Procedure.
    (e) Savings Clause.--Nothing in this section shall restrict any 
right which any person (or class of persons) may have under chapter 7 
of title 5, United States Code, under this section, or under any other 
statute or common law to bring an action to seek any relief against the 
Secretary or the Secretary of Agriculture or against any other person, 
including any action for any violation of this title or of any 
regulation or permit issued under this title or for any failure to act 
as required by law. Nothing in this section shall affect the 
jurisdiction of any court under any provision of title 28, United 
States Code, including any action for any violation of this title or of 
any regulation or permit issued under this title or for any failure to 
act as required by law.

SEC. 545. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Review by Secretary.--
            (1)(A) Any person issued a notice of violation or cessation 
        order under section 556, or any person having an interest which 
        is or may be adversely affected by such notice or order, may 
        apply to the Secretary, or for National Forest System lands the 
        Secretary of Agriculture, for review of the notice or order 
        within 30 days after receipt thereof, or as the case may be, 
        within 30 days after such notice or order is modified, vacated, 
        or terminated.
            (B) Any person who is subject to a penalty assessed under 
        section 556 may apply to the Secretary concerned for review of 
        the assessment within 45 days of notification of such penalty.
            (C) Any person may apply to such Secretary for review of 
        the decision within 30 days after it is made.
            (D) Pending a review by the Secretary or resolution of an 
        administrative appeal, final decisions (except enforcement 
        actions under section 556) shall be stayed.
            (2) The Secretary concerned shall provide an opportunity 
        for a public hearing at the request of any party to the 
        proceeding as specified in paragraph (1). The filing of an 
        application for review under this subsection shall not operate 
        as a stay of any order or notice issued under section 556.
            (3) For any review proceeding under this subsection, the 
        Secretary concerned shall make findings of fact and shall issue 
        a written decision incorporating therein an order vacating, 
        affirming, modifying, or terminating the notice, order, or 
        decision, or with respect to an assessment, the amount of 
        penalty that is warranted. Where the application for review 
        concerns a cessation order issued under section 556 the 
        Secretary concerned shall issue the written decision within 30 
        days of the receipt of the application for review or within 30 
        days after the conclusion of any hearing referred to in 
        paragraph (2), whichever is later, unless temporary relief has 
        been granted by the Secretary concerned under paragraph (4).
            (4) Pending completion of any review proceedings under this 
        subsection, the applicant may file with the Secretary, or for 
        National Forest System lands the Secretary of Agriculture, a 
        written request that the Secretary grant temporary relief from 
        any order issued under section 556 together with a detailed 
        statement giving reasons for such relief. The Secretary 
        concerned shall expeditiously issue an order or decision 
        granting or denying such relief. The Secretary concerned may 
        grant such relief under such conditions as he or she may 
        prescribe only if such relief shall not adversely affect the 
        health or safety of the public or cause imminent environmental 
        harm to land, air, or water resources.
            (5) The availability of review under this subsection shall 
        not be construed to limit the operation of rights under section 
        554 (relating to citizen suits).
    (b) Judicial Review.--
            (1) Any final action by the Secretaries of the Interior and 
        Agriculture in promulgating regulations to implement this 
        title, or any other final actions constituting rulemaking to 
        implement this title, shall be subject to judicial review only 
        in the United States Court of Appeals for the District of 
        Columbia. Any action subject to judicial review under this 
        subsection shall be affirmed unless the court concludes that 
        such action is arbitrary, capricious, or otherwise inconsistent 
        with law. A petition for review of any action subject to 
        judicial review under this subsection shall be filed within 60 
        days from the date of such action, or after such date if the 
        petition is based solely on grounds arising after the 60th day. 
        Any such petition may be made by any person who commented or 
        otherwise participated in the rulemaking or any person who may 
        be adversely affected by the action of the Secretaries.
            (2) Final agency action under this subsection, including 
        such final action on those matters described under subsection 
        (a), shall be subject to judicial review in accordance with 
        paragraph (4) and pursuant to section 1391 of title 28, United 
        States Code, on or before 60 days from the date of such final 
        action. Any action subject to judicial review under this 
        subsection shall be affirmed unless the court concludes that 
        such action is arbitrary, capricious, or otherwise inconsistent 
        with law.
            (3) The availability of judicial review established in this 
        subsection shall not be construed to limit the operations of 
        rights under section 554 (relating to citizens suits).
            (4) The court shall hear any petition or complaint filed 
        under this subsection solely on the record made before the 
        Secretary or Secretaries concerned. The court may affirm or 
        vacate any order or decision or may remand the proceedings to 
        the Secretary or Secretaries for such further action as it may 
        direct.
            (5) The commencement of a proceeding under this section 
        shall not, unless specifically ordered by the court, operate as 
        a stay of the action, order, or decision of the Secretary or 
        Secretaries concerned.
    (c) Costs.--Whenever a proceeding occurs under subsection (a) or 
(b), at the request of any person, a sum equal to the aggregate amount 
of all costs and expenses (including attorney fees) as determined by 
the Secretary or Secretaries concerned or the court to have been 
reasonably incurred by such person for or in connection with 
participation in such proceedings, including any judicial review of the 
proceeding, may be assessed against either party as the court, in the 
case of judicial review, or the Secretary or Secretaries concerned in 
the case of administrative proceedings, deems proper if it is 
determined that such party prevailed in whole or in part, achieving 
some success on the merits, and that such party made a substantial 
contribution to a full and fair determination of the issues.

SEC. 546. ENFORCEMENT.

    (a) Orders.--
            (1) If the Secretary, or for National Forest System lands 
        the Secretary of Agriculture, or an authorized representative 
        of such Secretary, determines that any person is in violation 
        of any environmental protection requirement under subtitle C or 
        any regulation issued by the Secretaries to implement this 
        title, such Secretary or authorized representative shall issue 
        to such person a notice of violation describing the violation 
        and the corrective measures to be taken. The Secretary 
        concerned, or the authorized representative of such Secretary, 
        shall provide such person with a period of time not to exceed 
        30 days to abate the violation. Such period of time may be 
        extended by the Secretary concerned upon a showing of good 
        cause by such person. If, upon the expiration of time provided 
        for such abatement, the Secretary concerned, or the authorized 
        representative of such Secretary, finds that the violation has 
        not been abated he or she shall immediately order a cessation 
        of all mineral activities or the portion thereof relevant to 
        the violation.
            (2) If the Secretary concerned, or the authorized 
        representative of the Secretary concerned, determines that any 
        condition or practice exists, or that any person is in 
        violation of any requirement under a permit approved under this 
        title, and such condition, practice or violation is causing, or 
        can reasonably be expected to cause--
                    (A) an imminent danger to the health or safety of 
                the public; or
                    (B) significant, imminent environmental harm to 
                land, air, water, or fish or wildlife resources,
        such Secretary or authorized representative shall immediately 
        order a cessation of mineral activities or the portion thereof 
        relevant to the condition, practice, or violation.
            (3)(A) A cessation order pursuant to paragraphs (1) or (2) 
        shall remain in effect until such Secretary, or authorized 
        representative, determines that the condition, practice, or 
        violation has been abated, or until modified, vacated or 
        terminated by the Secretary or authorized representative. In 
        any such order, the Secretary or authorized representative 
        shall determine the steps necessary to abate the violation in 
        the most expeditious manner possible and shall include the 
        necessary measures in the order. The Secretary concerned shall 
        require appropriate financial assurances to ensure that the 
        abatement obligations are met.
            (B) Any notice or order issued pursuant to paragraphs (1) 
        or (2) may be modified, vacated, or terminated by the Secretary 
        concerned or an authorized representative of such Secretary. 
        Any person to whom any such notice or order is issued shall be 
        entitled to a hearing on the record.
            (4) If, after 30 days of the date of the order referred to 
        in paragraph (3)(A) the required abatement has not occurred, 
        the Secretary concerned shall take such alternative enforcement 
        action against the claim holder or operator (or any person who 
        controls the claim holder or operator) as will most likely 
        bring about abatement in the most expeditious manner possible. 
        Such alternative enforcement action may include, but is not 
        necessarily limited to, seeking appropriate injunctive relief 
        to bring about abatement. Nothing in this paragraph shall 
        preclude the Secretary, or for National Forest System lands the 
        Secretary of Agriculture, from taking alternative enforcement 
        action prior to the expiration of 30 days.
            (5) If a claim holder or operator (or any person who 
        controls the claim holder or operator) fails to abate a 
        violation or defaults on the terms of the permit, the 
        Secretary, or for National Forest System lands the Secretary of 
        Agriculture, shall forfeit the financial assurance for the plan 
        as necessary to ensure abatement and reclamation under this 
        title. The Secretary concerned may prescribe conditions under 
        which a surety may perform reclamation in accordance with the 
        approved plan in lieu of forfeiture.
            (6) The Secretary, or for National Forest System lands the 
        Secretary of Agriculture, shall not cause forfeiture of the 
        financial assurance while administrative or judicial review is 
        pending.
            (7) In the event of forfeiture, the claim holder, operator, 
        or any affiliate thereof, as appropriate as determined by the 
        Secretary by rule, shall be jointly and severally liable for 
        any remaining reclamation obligations under this title.
    (b) Compliance.--The Secretary, or for National Forest System lands 
the Secretary of Agriculture, may request the Attorney General to 
institute a civil action for relief, including a permanent or temporary 
injunction or restraining order, or any other appropriate enforcement 
order, including the imposition of civil penalties, in the district 
court of the United States for the district in which the mineral 
activities are located whenever a person--
            (1) violates, fails, or refuses to comply with any order 
        issued by the Secretary concerned under subsection (a); or
            (2) interferes with, hinders, or delays the Secretary 
        concerned in carrying out an inspection under section 553.
Such court shall have jurisdiction to provide such relief as may be 
appropriate. Any relief granted by the court to enforce an order under 
paragraph (1) shall continue in effect until the completion or final 
termination of all proceedings for review of such order unless the 
district court granting such relief sets it aside.
    (c) Delegation.--Notwithstanding any other provision of law, the 
Secretary may utilize personnel of the Office of Surface Mining 
Reclamation and Enforcement to ensure compliance with the requirements 
of this title.
    (d) Penalties.--
            (1) Any person who fails to comply with any requirement of 
        a permit approved under this title or any regulation issued by 
        the Secretaries to implement this title shall be liable for a 
        penalty of not more than $25,000 per violation. Each day of 
        violation may be deemed a separate violation for purposes of 
        penalty assessments.
            (2) A person who fails to correct a violation for which a 
        cessation order has been issued under subsection (a) within the 
        period permitted for its correction shall be assessed a civil 
        penalty of not less than $1,000 per violation for each day 
        during which such failure continues.
            (3) Whenever a corporation is in violation of a requirement 
        of a permit approved under this title or any regulation issued 
        by the Secretaries to implement this title or fails or refuses 
        to comply with an order issued under subsection (a), any 
        director, officer, or agent of such corporation who knowingly 
        authorized, ordered, or carried out such violation, failure, or 
        refusal shall be subject to the same penalties as may be 
        imposed upon the person referred to in paragraph (1).
    (e) Suspensions or Revocations.--The Secretary, or for National 
Forest System lands the Secretary of Agriculture, shall suspend or 
revoke a permit issued under subtitle C, in whole or in part, if the 
operator--
            (1) knowingly made or knowingly makes any false, 
        inaccurate, or misleading material statement in any mining 
        claim, notice of location, application, record, report, plan, 
        or other document filed or required to be maintained under this 
        title;
            (2) fails to abate a violation covered by a cessation order 
        issued under subsection (a);
            (3) fails to comply with an order of the Secretary 
        concerned;
            (4) refuses to permit an audit pursuant to this title;
            (5) fails to maintain an adequate financial assurance under 
        section 536;
            (6) fails to pay claim maintenance fees or other moneys due 
        and owing under this title; or
            (7) with regard to plans conditionally approved under 
        section 535(c)(2), fails to abate a violation to the 
        satisfaction of the Secretary concerned, or if the validity of 
        the violation is upheld on the appeal which formed the basis 
        for the conditional approval.
    (f) False Statements; Tampering.--Any person who knowingly--
            (1) makes any false material statement, representation, or 
        certification in, or omits or conceals material information 
        from, or unlawfully alters, any mining claim, notice of 
        location, application, record, report, plan, or other documents 
        filed or required to be maintained under this title; or
            (2) falsifies, tampers with, renders inaccurate, or fails 
        to install any monitoring device or method required to be 
        maintained under this title,
shall upon conviction, be punished by a fine of not more than $10,000, 
or by imprisonment for not more than 2 years, or by both. If a 
conviction of a person is for a violation committed after a first 
conviction of such person under this subsection, punishment shall be by 
a fine of not more than $20,000 per day of violation, or by 
imprisonment of not more than 4 years, or both. Each day of continuing 
violation may be deemed a separate violation for purposes of penalty 
assessments.
    (g) Knowing Violations.--Any person who knowingly--
            (1) engages in mineral activities without a permit required 
        under subtitle C; or
            (2) violates any other requirement of a permit issued under 
        this title, or any condition or limitation thereof,
shall upon conviction be punished by a fine of not less than $5,000 nor 
more than $50,000 per day of violation, or by imprisonment for not more 
than 3 years, or both. If a conviction of a person is for a violation 
committed after the first conviction of such person under this 
subsection, punishment shall be a fine of not less than $10,000 per day 
of violation, or by imprisonment of not more than 6 years, or both.
    (h) Knowing and Willful Violations.--Any person who knowingly and 
willfully commits an act for which a civil penalty is provided in 
paragraph (1) of subsection (g) shall, upon conviction, be punished by 
a fine of not more than $50,000, or by imprisonment for not more than 2 
years, or both.
    (i) Definition.--For purposes of this section, the term ``person'' 
includes any officer, agent, or employee of a person.

SEC. 547. REGULATIONS.

    The Secretary and the Secretary of Agriculture shall issue such 
regulations as are necessary to implement this title. The regulations 
implementing subtitle B, subtitle C, subtitle D, and subtitle E that 
affect the Forest Service shall be joint regulations issued by both 
Secretaries, and shall be issued no later than 180 days after the date 
of enactment of this Act.

SEC. 548. EFFECTIVE DATE.

    This title shall take effect on the date of enactment of this Act, 
except as otherwise provided in this title.

SEC. 549. OIL SHALE CLAIMS.

    Section 2511(f) of the Energy Policy Act of 1992 (Public Law 102-
486) is amended--
            (1) by striking ``as prescribed by the Secretary''; and
            (2) by inserting before the period the following: ``in the 
        same manner as required by subtitle B and subtitle C of the 
        Hardrock Mining Reform and Deficit Reduction Act of 2011''.

SEC. 550. SAVINGS CLAUSE.

    (a) Special Application of Mining Laws.--Nothing in this title 
shall be construed as repealing or modifying any Federal law, 
regulation, order, or land use plan, in effect prior to the date of 
enactment of this Act that prohibits or restricts the application of 
the general mining laws, including laws that provide for special 
management criteria for operations under the general mining laws as in 
effect prior to the date of enactment of this Act, to the extent such 
laws provide for protection of natural and cultural resources and the 
environment greater than required under this title, and any such prior 
law shall remain in force and effect with respect to claims located (or 
proposed to be located) or converted under this title. Nothing in this 
title shall be construed as applying to or limiting mineral 
investigations, studies, or other mineral activities conducted by any 
Federal or State agency acting in its governmental capacity pursuant to 
other authority. Nothing in this title shall affect or limit any 
assessment, investigation, evaluation, or listing pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.), or the Solid Waste Disposal Act (42 
U.S.C. 3251 et seq.).
    (b) Effect on Other Federal Laws.--The provisions of this title 
shall supersede the general mining laws, except for those parts of the 
general mining laws respecting location of mining claims that are not 
expressly modified by this title. Except for the general mining laws, 
nothing in this title shall be construed as superseding, modifying, 
amending, or repealing any provision of Federal law not expressly 
superseded, modified, amended, or repealed by this title. Nothing in 
this title shall be construed as altering, affecting, amending, 
modifying, or changing, directly or indirectly, any law which refers to 
and provides authorities or responsibilities for, or is administered 
by, the Environmental Protection Agency or the Administrator of the 
Environmental Protection Agency, including the Federal Water Pollution 
Control Act, title XIV of the Public Health Service Act (the Safe 
Drinking Water Act), the Clean Air Act, the Pollution Prevention Act of 
1990, the Toxic Substances Control Act, the Federal Insecticide, 
Fungicide, and Rodenticide Act, the Federal Food, Drug, and Cosmetic 
Act, the Motor Vehicle Information and Cost Savings Act, the Federal 
Hazardous Substances Act, the Endangered Species Act of 1973, the 
Atomic Energy Act, the Noise Control Act of 1972, the Solid Waste 
Disposal Act, the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, the Superfund Amendments and Reauthorization 
Act of 1986, the Ocean Dumping Act, the Environmental Research, 
Development, and Demonstration Authorization Act, the Pollution 
Prosecution Act of 1990, and the Federal Facilities Compliance Act of 
1992, or any statute containing an amendment to any of such Acts. 
Nothing in this title shall be construed as modifying or affecting any 
provision of the Native American Graves Protection and Repatriation Act 
(Public Law 101-601) or any provision of the American Indian Religious 
Freedom Act (42 U.S.C. 1996), the National Historic Preservation Act 
(16 U.S.C. 470 et seq.), and the Religious Freedom Restoration Act of 
1993 (42 U.S.C. 2000bb et seq.).
    (c) Protection of Conservation Areas.--In order to protect the 
resources and values of National Conservation System units, the 
Secretary, as appropriate, shall utilize authority under this title and 
other applicable law to the fullest extent necessary to prevent mineral 
activities that could have an adverse impact on the resources or values 
for which such units were established.
    (d) Sovereign Immunity of Indian Tribes.--Nothing in this section 
shall be construed so as to waive the sovereign immunity of any Indian 
tribe.

SEC. 551. AVAILABILITY OF PUBLIC RECORDS.

    Copies of records, reports, inspection materials, or information 
obtained by the Secretary or the Secretary of Agriculture under this 
title shall be made available to the public, consistent with section 
552 of title 5, United States Code, in central and sufficient locations 
in the county, multicounty, and State area of mineral activity or 
reclamation so that such items are conveniently available to residents 
in the area proposed or approved for mineral activities and on the 
Internet.

SEC. 552. MISCELLANEOUS POWERS.

    (a) In General.--In carrying out his or her duties under this 
title, the Secretary, or for National Forest System lands the Secretary 
of Agriculture, may conduct any investigation, inspection, or other 
inquiry necessary and appropriate and may conduct, after notice, any 
hearing or audit, necessary and appropriate to carrying out his or her 
duties.
    (b) Ancillary Powers.--In connection with any hearing, inquiry, 
investigation, or audit under this title, the Secretary, or for 
National Forest System lands the Secretary of Agriculture, is 
authorized to take any of the following actions:
            (1) Require, by special or general order, any person to 
        submit in writing such affidavits and answers to questions as 
        the Secretary concerned may reasonably prescribe, which 
        submission shall be made within such reasonable period and 
        under oath or otherwise, as may be necessary.
            (2) Administer oaths.
            (3) Require by subpoena the attendance and testimony of 
        witnesses and the production of all books, papers, records, 
        documents, matter, and materials, as such Secretary may 
        request.
            (4) Order testimony to be taken by deposition before any 
        person who is designated by such Secretary and who has the 
        power to administer oaths, and to compel testimony and the 
        production of evidence in the same manner as authorized under 
        paragraph (3) of this subsection.
            (5) Pay witnesses the same fees and mileage as are paid in 
        like circumstances in the courts of the United States.
    (c) Enforcement.--In cases of refusal to obey a subpoena served 
upon any person under this section, the district court of the United 
States for any district in which such person is found, resides, or 
transacts business, upon application by the Attorney General at the 
request of the Secretary concerned and after notice to such person, 
shall have jurisdiction to issue an order requiring such person to 
appear and produce documents before the Secretary concerned. Any 
failure to obey such order of the court may be punished by such court 
as contempt thereof and subject to a penalty of up to $10,000 a day.
    (d) Entry and Access.--Without advance notice and upon presentation 
of appropriate credentials, the Secretary, or for National Forest 
System lands the Secretary of Agriculture, or any authorized 
representative thereof--
            (1) shall have the right of entry to, upon, or through the 
        site of any claim, mineral activities, or any premises in which 
        any records required to be maintained under this title are 
        located;
            (2) may at reasonable times, and without delay, have access 
        to records, inspect any monitoring equipment, or review any 
        method of operation required under this title;
            (3) may engage in any work and do all things necessary or 
        expedient to implement and administer the provisions of this 
        title;
            (4) may, on any mining claim located under the general 
        mining laws and maintained in compliance with this title, and 
        without advance notice, stop, and inspect any motorized form of 
        transportation that such Secretary has probable cause to 
        believe is carrying locatable minerals, concentrates, or 
        products derived therefrom from a claim site for the purpose of 
        determining whether the operator of such vehicle has 
        documentation related to such locatable minerals, concentrates, 
        or products derived therefrom as required by law, if such 
        documentation is required under this title; and
            (5) may, if accompanied by any appropriate law enforcement 
        officer, or an appropriate law enforcement officer alone, stop 
        and inspect any motorized form of transportation which is not 
        on a claim site if he or she has probable cause to believe such 
        vehicle is carrying locatable minerals, concentrates, or 
        products derived therefrom from a claim site on Federal lands 
        or allocated to such claim site. Such inspection shall be for 
        the purpose of determining whether the operator of such vehicle 
        has the documentation required by law, if such documentation is 
        required under this title.

SEC. 553. MULTIPLE MINERAL DEVELOPMENT AND SURFACE RESOURCES.

    The provisions of sections 4 and 6 of the Act of August 13, 1954 
(30 U.S.C. 524 and 526), commonly known as the Multiple Minerals 
Development Act, and the provisions of section 4 of the Act of July 23, 
1955 (30 U.S.C. 612), shall apply to all mining claims located under 
the general mining laws and maintained in compliance with such laws and 
this title.

SEC. 554. MINERAL MATERIALS.

    (a) Determinations.--Section 3 of the Act of July 23, 1955 (30 
U.S.C. 611), is amended--
            (1) by inserting ``(a)'' before the first sentence;
            (2) by inserting ``mineral materials, including'' after 
        ``varieties of'' in the first sentence;
            (3) by striking ``or cinders'' and inserting in lieu 
        thereof ``cinders, and clay''; and
            (4) by adding the following new subsection at the end 
        thereof:
    ``(b)(1) Subject to valid existing rights, after the date of 
enactment of the Hardrock Mining Reform and Deficit Reduction Act of 
2011, notwithstanding the reference to common varieties in subsection 
(a) and to the exception to such term relating to a deposit of 
materials with some property giving it distinct and special value, all 
deposits of mineral materials referred to in such subsection, including 
the block pumice referred to in such subsection, shall be subject to 
disposal only under the terms and conditions of the Materials Act of 
1947.
    ``(2) For purposes of paragraph (1), the term `valid existing 
rights' means that a mining claim located for any such mineral 
material--
            ``(A) had and still has some property giving it the 
        distinct and special value referred to in subsection (a), or as 
        the case may be, met the definition of block pumice referred to 
        in such subsection;
            ``(B) was properly located and maintained under the general 
        mining laws prior to the date of enactment of the Hardrock 
        Mining Reform and Deficit Reduction Act of 2011;
            ``(C) was supported by a discovery of a valuable mineral 
        deposit within the meaning of the general mining laws as in 
        effect immediately prior to the date of enactment of the 
        Hardrock Mining Reform and Deficit Reduction Act of 2011; and
            ``(D) that such claim continues to be valid under this 
        Act.''.
    (b) Mineral Materials Disposal Clarification.--Section 4 of the Act 
of July 23, 1955 (30 U.S.C. 612), is amended--
            (1) in subsection (b) by inserting ``and mineral material'' 
        after ``vegetative''; and
            (2) in subsection (c) by inserting ``and mineral material'' 
        after ``vegetative''.
    (c) Conforming Amendment.--Section 1 of the Act of July 31, 1947, 
entitled ``An Act to provide for the disposal of materials on the 
public lands of the United States'' (30 U.S.C. 601 et seq.) is amended 
by striking ``common varieties of'' in the first sentence.
    (d) Short Titles.--
            (1) Surface resources.--The Act of July 23, 1955, is 
        amended by inserting after section 7 the following new section:
    ``Sec. 8.  This Act may be cited as the `Surface Resources Act of 
1955'.''.
            (2) Mineral materials.--The Act of July 31, 1947, entitled 
        ``An Act to provide for the disposal of materials on the public 
        lands of the United States'' (30 U.S.C. 601 et seq.) is amended 
        by inserting after section 4 the following new section:
    ``Sec. 5.  This Act may be cited as the `Materials Act of 1947'.''.
    (e) Repeals.--
            (1) Subject to valid existing rights, the Act of August 4, 
        1892 (27 Stat. 348, 30 U.S.C. 161), commonly known as the 
        Building Stone Act, is hereby repealed.
            (2) Subject to valid existing rights, the Act of January 
        31, 1901 (30 U.S.C. 162), commonly known as the Saline Placer 
        Act, is hereby repealed.

                  TITLE VI--ABANDONED MINE RECLAMATION

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Abandoned Mine Reclamation and 
Deficit Reduction Act of 2011''.

SEC. 602. DEFINITIONS AND REFERENCES.

    (a) In General.--As used in this title:
            (1) The term ``beneficiation'' means the crushing and 
        grinding of hardrock mineral ore and such processes as are 
        employed to free the mineral from other constituents, including 
        but not necessarily limited to, physical and chemical 
        separation techniques.
            (2) The term ``claim holder'' means a person holding a 
        mining claim, millsite claim, or tunnel site claim located 
        under the general mining laws and maintained in compliance with 
        such laws and this title. Such term may include an agent of a 
        claim holder.
            (3) The term ``control'' means having the ability, directly 
        or indirectly, to determine (without regard to whether 
        exercised through one or more corporate structures) the manner 
        in which an entity conducts mineral activities, through any 
        means, including without limitation, ownership interest, 
        authority to commit the entity's real or financial assets, 
        position as a director, officer, or partner of the entity, or 
        contractual arrangement.
            (4) The term ``crude ore'' means ore in its unprocessed 
        form, containing profitable amounts of the target mineral.
            (5) The term ``displaced material'' means any crude ore and 
        waste dislodged from its location at the time hardrock mining 
        begins at surface, underground, or in-situ mines.
            (6) The term ``exploration'' means surface disturbance to 
        evaluate the type, extent, quantity, or quality of minerals 
        present including sampling, drilling, and analyzing hardrock 
        mineral values.
            (7) The term ``Federal land'' means any land, including 
        mineral interests, owned by the United States without regard to 
        how the United States acquired ownership of the land and 
        without regard to the agency having responsibility for 
        management thereof, except Indian lands.
            (8) The term ``hardrock'' means any mineral mined under the 
        1872 Mining Law (30 U.S.C. 22-54), and with respect to State, 
        Indian, and private lands, any minerals on those lands that 
        would be considered hardrock minerals if such minerals had been 
        mined under the 1872 Mining Law: Provided, however, That if 
        subsequent to the date of enactment of this Act, any minerals 
        mined under the 1872 Mining Law are transferred from the 
        requirements of the 1872 Mining Law to different statutory 
        requirements, those minerals so transferred will continue to be 
        subject to the provisions of this title.
            (9) The term ``hardrock mining operation'' means any 
        activities or operations conducted to mine minerals under the 
        1872 Mining Law (30 U.S.C. 22-54), and, with respect to State, 
        Indian, and private lands, any activities or operations 
        conducted on such lands to mine minerals that would be 
        considered hardrock minerals if such minerals had been mined 
        under the 1872 Mining Law: Provided, however, That if 
        subsequent to the date of enactment of this Act, any minerals 
        mined under the 1872 Mining Law are transferred from the 
        requirements of the 1872 Mining Law to different statutory 
        requirements, those activities or operations conducted on lands 
        to mine those minerals so transferred will continue to be 
        subject to the provisions of this title.
            (10) The term ``Indian lands'' means lands held in trust 
        for the benefit of an Indian tribe or individual or held by an 
        Indian tribe or individual subject to a restriction by the 
        United States against alienation.
            (11) The term ``Indian tribe'' means any Indian tribe, 
        band, nation, pueblo, or other organized group or community, 
        including any Alaska Native village or regional corporation as 
        defined in or established pursuant to the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as 
        eligible for the special programs and services provided by the 
        United States to Indians because of their status as Indians.
            (12) The term ``mineral activities'' means any activity on 
        a mining claim, millsite claim, or tunnel site claim for, 
        related to, or incidental to, mineral exploration, mining, 
        beneficiation, processing, or reclamation activities for any 
        hardrock mineral.
            (13) The term ``operator'' means any person that conducts 
        mineral activities and any agent of such person.
            (14) The term ``person'' means an individual, Indian tribe, 
        partnership, association, society, joint venture, joint stock 
        company, firm, company, corporation, cooperative, or other 
        organization and any instrumentality of State or local 
        government including any publicly owned utility or publicly 
        owned corporation of State or local government.
            (15) The term ``processing'' means processes downstream of 
        beneficiation employed to prepare hardrock mineral ore into the 
        final marketable product, including but not limited to smelting 
        and electrolytic refining.
            (16) The term ``Secretary'' means the Secretary of the 
        Interior, unless otherwise specified.
            (17) The term ``ton'' means 2,000 pounds avoirdupois 
        (.90718 metric ton).
            (18) The term ``waste'' means rock that must be fractured 
        and removed in order to gain access to crude ore.
    (b) References to Other Laws.--(1) Any reference in this title to 
the term ``general mining laws'' is a reference to those Acts that 
generally comprise chapters 2, 12A, and 16, and sections 161 and 162, 
of title 30, United States Code.
    (2) Any reference in this title to the Act of July 23, 1955, is a 
reference to the Act entitled ``An Act to amend the Act of July 31, 
1947 (61 Stat. 681) and the mining laws to provide for multiple use of 
the surface of the same tracts of the public lands, and for other 
purposes'' (30 U.S.C. 601 et seq.).

                Subtitle A--Hardrock Mining Reclamation

SEC. 611. DISPLACED MATERIAL RECLAMATION FEE.

    (a) Imposition of Fee.--Except as provided in paragraph (2), each 
operator of a hardrock mining operation shall pay to the Secretary, for 
deposit in the Abandoned Mine Cleanup Fund established by section 
621(a), a displaced material reclamation fee of 7 cents per ton of 
displaced material.
    (b) Payment Deadline.--The reclamation fee shall be paid not later 
than 60 days after the end of each calendar year beginning with the 
first calendar year occurring after the date of enactment of this Act.
    (c) Submission of Statement.--Together with such reclamation fee, 
all operators of hardrock mining operations shall submit a statement of 
the amount of displaced materials produced during mineral activities 
during the previous calendar year, the accuracy of which shall be sworn 
to by the operator and notarized.
    (d) Penalty.--Any person, corporate officer, agent or director, on 
behalf of a hardrock mining operation, who knowingly makes any false 
statement, representation or certification, or knowingly fails to make 
any statement, representation or certification required in this section 
shall, upon conviction, be punished by a fine of not more than $10,000, 
or by imprisonment for not more than one year, or both.
    (e) Civil Action to Recover Fee.--Any portion of the reclamation 
fee not properly or promptly paid pursuant to this section shall be 
recoverable, with statutory interest, from the hardrock mining 
operations operator, in any court of competent jurisdiction in any 
action at law to compel payment of debts.
    (f) Deposit of Revenues.--Amounts received by the Secretary under 
subsection (a)(1) shall be deposited in the Abandoned Mine Cleanup Fund 
established by section 621(a).
    (g) Effect.--Nothing in this section requires a reduction in, or 
otherwise affects, any similar fee required under any law (including 
regulations) of any State.

                Subtitle B--Abandoned Mine Cleanup Fund

SEC. 621. ESTABLISHMENT OF FUND.

    (a) Establishment.--There is established on the books of the 
Treasury of the United States a separate account to be known as the 
Abandoned Mine Cleanup Fund (hereinafter in this subtitle referred to 
as the ``Fund'') consisting of the following:
            (1) All donations by persons, corporations, associations, 
        and foundations for the purposes of this subtitle.
            (2) All amounts deposited in the Fund under section 611.
            (3) All income on investments under section 612(b).
    (b) Investment.--The Secretary shall notify the Secretary of the 
Treasury as to what portion of the Fund is not, in the Secretary's 
judgment, required to meet current withdrawals. The Secretary of the 
Treasury shall invest such portion of the Fund in public debt 
securities with maturities suitable for the needs of such Fund and 
bearing interest at rates determined by the Secretary of the Treasury, 
taking into consideration current market yields on outstanding 
marketplace obligations of the United States of comparable maturities.
    (c) Administration.--
            (1) The Fund shall be administered by the Secretary, acting 
        through the Director of the Office of Surface Mining 
        Reclamation and Enforcement.
            (2) Amounts credited to the Fund shall be available, 
        without further appropriation, for obligation and expenditure; 
        and shall remain available until expended.
            (3) The Secretary may retain such funds as necessary for 
        the administrative expenses of the United States, Indian 
        tribes, and the States to accomplish the purposes of this 
        subtitle.
    (d) Expenditures.--Subject to section 622, amounts in the Fund may, 
without fiscal year limitation and without further appropriation--
            (1) be expended by the Secretary for the purposes described 
        in section 622;
            (2) be transferred by the Secretary to the Director of the 
        Bureau of Land Management, the Chief of the Forest Service, the 
        Director of the National Park Service, the Director of the 
        United States Fish and Wildlife Service, or the head of any 
        other Federal agency, that develops, implements, and has the 
        ability to carry out all or a significant portion of a 
        reclamation program under this subtitle; or
            (3) be transferred by the Secretary to an Indian tribe or a 
        State with an approved reclamation program, as provided in 
        subsection (e).
    (e) State and Tribal Reclamation Programs.--
            (1) In general.--Each State having within the borders of 
        the State, or tribe having within the borders of the 
        reservation of the tribe, mined land that is eligible for 
        reclamation under this title may submit to the Secretary a 
        reclamation program for the land.
            (2) Approval.--If the Secretary determines that a State or 
        tribe has developed and submitted a program for reclamation of 
        abandoned mines consistent with the priorities established 
        under section 622(c) and has the ability and necessary State or 
        tribal legislation to implement this subtitle, the Secretary 
        shall--
                    (A) approve the program; and
                    (B) grant to the State or tribe the exclusive 
                responsibility and authority to implement the approved 
                program.
            (3) Withdrawal of approval.--The Secretary shall withdraw 
        the approval and authorization if the Secretary determines that 
        the State or tribal program is not in compliance with 
        procedures, guidelines, and requirements established by the 
        Secretary.
            (4) Approval of existing programs.--Subject to paragraph 
        (3), any State program in an abandoned hardrock mine State or 
        tribal program for reclamation of abandoned mines approved 
        under title IV of the Surface Mining Control and Reclamation 
        Act of 1977 (30 U.S.C. 1231 et seq.) before the date of 
        enactment of this Act and in good standing with the Secretary 
        as of that date shall be considered approved under this 
        subtitle.

SEC. 622. USE AND OBJECTIVES OF THE FUND.

    (a) Use.--
            (1) In general.--The Secretary may, subject to the 
        availability of appropriations, use amounts in the Fund for the 
        reclamation and restoration of land and water resources 
        adversely affected by past hardrock minerals and mining and 
        related activities in abandoned hardrock mine States and on 
        Indian land located within the exterior boundaries of abandoned 
        hardrock mine States, including the conduct of activities--
                    (A) to protect public health and safety;
                    (B) to prevent, abate, treat, and control water 
                pollution created by abandoned mine drainage, including 
                activities conducted in watersheds;
                    (C) to reclaim and restore abandoned surface and 
                underground mined areas;
                    (D) to reclaim and restore abandoned milling and 
                processing areas;
                    (E) to backfill, seal, or otherwise control 
                abandoned underground mine entries;
                    (F) to revegetate land adversely affected by past 
                mining activities--
                            (i) to prevent erosion and sedimentation; 
                        and
                            (ii) for any other reclamation purpose;
                    (G) to control surface subsidence due to abandoned 
                underground mines; and
                    (H) to enhance fish and wildlife habitat.
            (2) Determination.--Before expending amounts in the Fund 
        for the purposes described in paragraph (1), the Secretary 
        shall make a determination that no claim holder, operator, or 
        other person who is legally responsible under Federal or State 
        law for the reclamation of the mine site can be located before 
        reclamation under this title of the abandoned hardrock mine 
        site begins.
    (b) Allocation.--Of the amounts deposited in the Fund each fiscal 
year--
            (1) 30 percent shall be allocated by the Secretary for 
        expenditure by the Secretary or, if a State or Indian tribe has 
        an approved program pursuant to section 621(e), by the State or 
        Indian tribe, in the States in which, or on Indian land on 
        which, hardrock minerals are produced, based on a formula 
        reflecting existing production in the State or on the land of 
        the Indian tribe;
            (2) 30 percent shall be allocated by the Secretary for 
        expenditure by the Secretary or, if a State or Indian tribe has 
        an approved program pursuant to section 621(e), by the State or 
        Indian tribe, in the States and on Indian land using a formula 
        based on the quantity of hardrock minerals historically 
        produced in the State or from the Indian land before the date 
        of enactment of this Act;
            (3) 30 percent shall be allocated by the Secretary for 
        expenditures on high priority abandoned mine sites on Federal 
        and non-Federal land based on the priorities established in 
        subsection (c); and
            (4) 10 percent shall be available to the Secretary for 
        grants under subsection (d).
    (c) Priorities.--Expenditures of moneys from the Fund shall reflect 
the following priorities in the order stated--
            (1) The protection of public health and safety, from 
        extreme danger from the adverse effects of past mineral 
        activities, especially as relates to surface water and 
        groundwater contaminants.
            (2) The protection of public health and safety, from the 
        adverse effects of past mineral activities.
            (3) The restoration of land, water, and fish and wildlife 
        resources previously degraded by the adverse effects of past 
        mineral activities, which may include restoration activities in 
        river watershed areas.
            (4) For the years 2012 through 2017, the Secretary shall 
        give first priority to and fully fund projects to cleanup and 
        reclaim abandoned hardrock mines--
                    (A) in States and Tribal lands that have previously 
                been certified for completing their reclamation 
                obligations under the Surface Mining Control and 
                Reclamation Act of 1977; and
                    (B) that are currently utilizing funds available 
                under section 411 of the Surface Mining Control and 
                Reclamation Act of 1977 to fund the cleanup of 
                abandoned hardrock mines. The Secretary shall fund, to 
                the extent that funds are available in the Abandoned 
                Mine Cleanup Fund, such cleanups to the same level as 
                established by the formula established in the Surface 
                Mining Control and Reclamation Act of 1977 
                notwithstanding the changes made under subtitle C of 
                this title.
    (d) Grants to Public Entities and Nonprofit Organizations.--The 
Secretary shall use amounts made available under subsection (b)(4) to 
make grants to public entities (including State fish and game agencies 
and local governments) and nonprofit organizations (based on criteria 
established by the Secretary by regulation) to carry out activities 
that support collaborative restoration projects to improve fish and 
wildlife habitat affected by past hardrock minerals and mining 
activities, including activities that--
            (1) improve water quality and quantity;
            (2) restore watersheds in which historic mining dewatered 
        or otherwise fragmented stream habitats;
            (3) restore instream habitat conditions necessary to 
        support aquatic species;
            (4) restore vegetative cover and streamside areas to 
        control erosion and improve conditions for fish and wildlife;
            (5) control and remove noxious weeds and invasive species 
        associated with historic mining disturbances that affect fish 
        and wildlife;
            (6) restore fish and wildlife habitat in cases in which 
        previous hardrock minerals and mining activity limits fish and 
        wildlife productivity;
            (7) protect and restore fish and wildlife habitat in areas 
        affected by historic minerals and mining activity; and
            (8) mitigate impacts to watersheds affected by past 
        hardrock minerals and mining activities.
    (e) Habitat.--Reclamation and restoration activities under this 
subtitle shall include appropriate mitigation measures to provide for 
the continuation of any established habitat for wildlife in existence 
prior to the commencement of such activities.
    (f) Response or Removal Actions.--Reclamation and restoration 
activities under this subtitle which constitute a removal or remedial 
action under section 101 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601), shall be 
conducted with the concurrence of the Administrator of the 
Environmental Protection Agency. The Secretary and the Administrator 
shall enter into a Memorandum of Understanding to establish procedures 
for consultation, concurrence, training, exchange of technical 
expertise and joint activities under the appropriate circumstances, 
that provide assurances that reclamation or restoration activities 
under this subtitle shall not be conducted in a manner that increases 
the costs or likelihood of removal or remedial actions under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.), and that avoid oversight by multiple 
agencies to the maximum extent practicable.

SEC. 623. ELIGIBLE LANDS AND WATERS.

    (a) Eligibility.--Reclamation expenditures under this subtitle may 
be made with respect to Federal, State, local, tribal, and private land 
or water resources that traverse or are contiguous to Federal, State, 
local, tribal, or private land where such lands or water resources have 
been affected by past mineral activities, including any of the 
following:
            (1) Lands and water resources which were used for, or 
        affected by, mineral activities and abandoned or left in an 
        inadequate reclamation status before the effective date of this 
        Act.
            (2) Lands for which the Secretary makes a determination 
        that there is no continuing reclamation responsibility of a 
        claim holder, operator, or other person who abandoned the site 
        prior to completion of required reclamation under State or 
        other Federal laws.
    (b) Specific Sites and Areas Not Eligible.--Sites and areas 
designated for remedial action pursuant to the Uranium Mill Tailings 
Radiation Control Act of 1978 (42 U.S.C. 7901 and following) or which 
have been listed for remedial action pursuant to the Comprehensive 
Environmental Response Compensation and Liability Act of 1980 (42 
U.S.C. 9601 and following) shall not be eligible for expenditures from 
the Fund under this section.
    (c) Inventory.--
            (1) In general.--The Secretary shall prepare and maintain a 
        publicly available inventory of abandoned hardrock minerals 
        mines on public lands and any abandoned hardrock mineral mines 
        on Indian lands that may be eligible for expenditures under 
        this subtitle, and shall deliver a yearly report to the 
        Congress on the progress in cleanup of such sites.
            (2) Periodic updates.--Not later than 5 years after the 
        date of enactment of this Act, and every 5 years thereafter, 
        the Secretary shall update the inventory described in paragraph 
        (1).

          Subtitle C--Priority Abandoned Coal Mine Reclamation

SEC. 631. AMENDMENTS TO THE SURFACE MINING CONTROL AND RECLAMATION ACT.

    (a) Section 401 of the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA) (30 U.S.C. 1231) is amended--
            (1) in the section title by inserting ``coal'' before 
        ``abandoned'';
            (2) in subsection (a) by--
                    (A) inserting ``and Tribal'' after ``State'' in the 
                heading;
                    (B) inserting ``Coal'' before ``Abandoned'' in the 
                first sentence; and
                    (C) striking the last sentence;
            (3) in subsection (c) by--
                    (A) striking in paragraph (1) ``: Provided, That'' 
                and all that follows;
                    (B) striking paragraphs (2) and (8);
                    (C) inserting ``and tribes'' after ``States'' in 
                paragraph (6);
                    (D) inserting ``or tribe'' after ``State'' in 
                paragraph (7); and
                    (E) renumbering the remaining paragraphs 
                accordingly;
            (4) in subsection (f)(1) by--
                    (A) inserting ``and any other available funds'' 
                after ``subsection (b)''; and
                    (B) striking ``2007'' and inserting ``2011'';
            (5) in subsection (f)(2) by--
                    (A) striking ``2008'' and inserting ``2012'' both 
                places it appears;
                    (B) amending subparagraph (A)(i) to read as 
                follows:
                            ``(i) eighty percent of the amounts 
                        deposited into the fund in the previous fiscal 
                        year less any allocations as described in 
                        paragraphs (2), (3), and (4) of section 402(g); 
                        plus''; and
                    (C) amending clause (ii) of subparagraph (A) to 
                read as follows:
                            ``(ii) the funds referred to in section 
                        402(i)(2).'';
            (6) striking subsections (f)(3) and (5), and renumbering 
        remaining paragraph accordingly; and
            (7) by inserting after section 401(b) the following and 
        redesignating remaining subsection:
    ``(c) State and Tribal Funds.--Pursuant to an approved State or 
tribal abandoned mine reclamation program required under section 405, 
States or Tribes receiving grants under this Act shall establish and 
administer abandoned mine reclamation funds.''.
    (b) Section 402 of SMCRA (30 U.S.C. 1232) is amended--
            (1) by striking subsection (g) and inserting:
    ``(g) Allocation of Funds.--Except as provided in subsection (h), 
amounts deposited into the fund during the previous fiscal year shall 
be allocated by the Secretary to accomplish the purposes of this Act as 
follows:
            ``(1) Reclamation grants.--
                    ``(A) The amount made available for distribution by 
                the Secretary under section 401(g) shall be distributed 
                annually through grants to the States or Indian tribes 
                with lands and waters eligible for reclamation under 
                this Act.
                    ``(B) Any State or tribe receiving funds under this 
                paragraph shall have in place an approved abandoned 
                mine reclamation program pursuant to the provisions of 
                section 405.
                    ``(C) Funds allocated to a State or Indian tribe 
                under this paragraph shall be returned and deposited 
                into the fund for reallocation under this paragraph 
                during the next fiscal year if not expended within five 
                years after the date of the grant award.
                    ``(D) Funds allocated by the Secretary under this 
                paragraph shall only be used for reclamation projects, 
                including design, construction, and administration 
                consistent with this Act.
                    ``(E) States or Indian tribes receiving funds under 
                this paragraph may, in addition to the funds allocated 
                pursuant to this paragraph, use funding from any other 
                source not otherwise precluded by law in order to 
                ensure the reclamation or abatement of the hazards of a 
                particular abandoned mine site is achieved.
            ``(2) Grants to indian tribes.--50 percent of the 
        reclamation fees collected annually on Indian lands shall be 
        allocated annually by the Secretary to the Indian tribe having 
        jurisdiction over such lands. An Indian tribe that does not 
        have lands and waters eligible for reclamation under this Act 
        shall use any amounts provided under this paragraph for the 
        purposes established by the tribal council of the Indian tribe, 
        with priority given for addressing the impacts of mineral 
        development.
            ``(3) Administrative grants.--
                    ``(A) Before funds are allocated pursuant to 
                paragraph (1) of this subsection, the Secretary may, at 
                his discretion, provide administrative grants of not 
                more than $10,000,000 annually to each State or Indian 
                tribe with eligible land and water and that is 
                operating under an approved abandoned mine reclamation 
                program.
                    ``(B) Administrative grants provided under this 
                paragraph are intended to ensure the maintenance of 
                approved reclamation programs, including through--
                            ``(i) the maintenance of the inventory 
                        established pursuant to section 403(b); and
                            ``(ii) project planning and program 
                        administration, including the preparation of 
                        project applications pursuant to section 412.
                    ``(C) In making grants available under this 
                paragraph, the Secretary shall consider the extent of 
                eligible lands and waters pursuant to section 404; the 
                total amount of historical reclamation expenditures; 
                and the outcome of any previous application of the 
                ranking criteria.
            ``(4) Emergency abandoned mine land.--
                    ``(A) In fiscal year 2012, before funds are 
                allocated pursuant to paragraph (1) of this subsection, 
                the Secretary shall allocate $20 million from the fund 
                for grants to States and Indian tribes for the purpose 
                of carrying out the provisions of section 410 relating 
                to emergencies.
                    ``(B) In each fiscal year thereafter, before funds 
                are allocated pursuant to paragraph (1) of this 
                subsection, the Secretary shall allocate the amount 
                needed to ensure that $20 million is available from the 
                fund for grants to States and Indian tribes for 
                carrying out the provisions of section 410 relating to 
                emergencies.
            ``(5) Federal administration.--Amounts available in the 
        fund that are not allocated pursuant to subsections (1), (2), 
        or (3) are available for administrative costs of the Office of 
        Surface Mining, subject to further appropriation.
            ``(6) Application to tennessee.--Notwithstanding any other 
        provision of law, this subsection applies to the State of 
        Tennessee.''; and
            (2) in subsection (i)(2) by striking ``the Secretary of the 
        Treasury'' through the end of the sentence and inserting ``the 
        Secretary of the Treasury shall transfer to the Secretary of 
        the Interior $85.4 million annually for the three fiscal years 
        beginning in fiscal year 2012, which shall be distributed to 
        States and Indian tribes in the same manner as moneys are 
        distributed from the fund under paragraph (1) of subsection 
        (g).''.
    (c) Section 403 of SMCRA (30 U.S.C. 1233) is amended--
            (1) by striking the portion of subsection (a) before the 
        enumerated paragraphs and inserting:
    ``(a) Expenditure of moneys from the fund on lands and water 
eligible pursuant to section 404 for the purposes of this title shall 
reflect the following priorities in the order stated:''; and
            (2) by striking subsection (a)(1)(B)(ii) and inserting:
                            ``(ii) are necessary to achieve the 
                        objectives of subparagraph (A);'';
            (3) by striking subsection (a)(2)(B)(ii) and inserting:
                            ``(ii) are necessary to achieve the 
                        objectives of subparagraph (A);'';
            (4) by striking subsection (b); and
            (5) by redesignating subsection (c) as subsection (b) and 
        amending it to read as follows:
    ``(b) Inventory.--The Secretary shall maintain an inventory of 
eligible lands and waters pursuant to section 404 which meet the 
priorities stated in paragraphs (1) and (2) of subsection (a). Under 
standardized procedures established by the Secretary, States and Indian 
tribes with approved abandoned mine reclamation programs pursuant to 
section 405 may offer amendments, subject to the approval of the 
Secretary, to update the inventory as it applies to eligible lands and 
waters under the jurisdiction of such States or tribes. The Secretary 
shall provide such States and tribes with the financial and technical 
assistance necessary for the purpose of making inventory amendments. 
The Secretary shall compile and maintain an inventory for States and 
Indian lands in the case when a State or Indian tribe does not have an 
approved abandoned mine reclamation program pursuant to section 405. On 
a regular basis, but not less than annually, the projects completed 
under this title shall be so noted on the inventory under standardized 
procedures established by the Secretary.''.
    (d) Section 404 of SMCRA (30 U.S.C. 1234) is amended--
            (1) in the first sentence by--
                    (A) striking ``, except as provided for under 
                section 411,''; and
                    (B) striking ``August 3, 1977'' and inserting 
                ``enactment of the Surface Mining Control, Reclamation 
                and Enforcement Act of 1977''; and
            (2) in the second sentence by striking ``, section 
        403(b)(1), and section 409''.
    (e) Section 405 of SMCRA (30 U.S.C. 1235) is amended--
            (1) by striking subsection (b) and inserting:
    ``(b) Submission of State or Tribal Reclamation Plan.--If a State 
has within its borders, or an Indian tribe on its lands, any coal mined 
lands eligible for reclamation under this title, it may submit to the 
Secretary a State Reclamation Plan.'';
            (2) by striking subsections (f) and (g);
            (3) in subsection (h), by striking ``subsection 402(g)'' 
        and inserting ``paragraph (2) of 402(g)''; and
            (4) by redesignating the subsections accordingly.
    (f) Sections 406 and 409 of SMCRA (30 U.S.C. 1236, 1239) are 
repealed.
    (g) Section 410 of SMCRA (30 U.S.C. 1240) is amended by striking 
``is'' in the portion of subsection (a) before the enumerated 
paragraphs and inserting ``and States and Indian tribes eligible for 
grants under subsection 402(g) are''.
    (h) Section 411 of SMCRA (30 U.S.C. 1240a) is repealed.
    (i) Section 412 of SMCRA (30 U.S.C. 1241) is amended to read as 
follows:

``SEC. 412. APPLICATION FOR RECLAMATION FUNDS.

    ``(a) Timing of Application.--At regular intervals, but no less 
than annually, each State or Indian tribe with an approved reclamation 
program under Section 405 may submit to the Secretary an application 
for the administrative support of the approved reclamation program, the 
implementation of specific reclamation projects, or both.
    ``(b) Contents of Application for an Administrative Grant.--The 
application shall include--
            ``(1) a description of the program administrative 
        activities to be accomplished during the grant period;
            ``(2) estimated costs of proposed activities; and
            ``(3) information and assessments demonstrating that the 
        amounts requested are necessary to support specific reclamation 
        objectives that will be submitted to the Secretary or projects 
        funded by grants awarded prior to the date of enactment of this 
        Act.
    ``(c) Contents of Application for a Reclamation Grant.--The 
application shall include--
            ``(1) a general description of each proposed project, 
        including the type of reclamation to be performed, the general 
        location, and the name of the landowner;
            ``(2) an explanation as to why the State or Tribe selected 
        each proposed project from among all of the eligible lands and 
        water in its jurisdiction, including the extent of public 
        involvement in the selection process, if any;
            ``(3) a statement of the estimated benefits in such terms 
        as: public health and safety problems to be eliminated, reduced 
        risk to the community, environmental problems to be corrected, 
        number of acres to be restored, miles of stream to be improved, 
        and air and water pollution problems abated;
            ``(4) an estimated cost of each proposed project, including 
        the construction costs, operation and maintenance costs of 
        permanent facilities, planning and engineering costs, 
        construction inspection costs, cost savings to the project as a 
        result of partnerships, and any other necessary administrative 
        expenses;
            ``(5) an identification of lands or interests in lands to 
        be acquired and the estimated cost; and
            ``(6) any other information requested by the Secretary, 
        except the Secretary cannot require the application to include 
        the submission of complete project plans and specifications.
    ``(d) Transition.--
            ``(1) For fiscal year 2012, the Secretary shall award 
        reclamation project grants competitively based on the proposals 
        submitted in subsection (c).
            ``(2) In awarding the reclamation project grants pursuant 
        to paragraph (1), the Secretary shall consider any financial, 
        legal, and other commitments made by the State or Indian tribe 
        prior to the enactment of this Act.''.

                  Subtitle D--Administative Provisions

SEC. 641. EFFECTIVE DATE.

    This title shall take effect on the date of enactment of this Act, 
except as otherwise provided in this Act.

SEC. 642. FEES ADJUSTMENTS.

    (a) The Secretary shall adjust the fees required by section 611 to 
reflect changes in the Consumer Price Index published by the Bureau of 
Labor Statistics of the Department of Labor every 5 years after the 
date of enactment of this Act, or more frequently if the Secretary 
determines an adjustment to be reasonable.
    (b) The Secretary shall provide claimants notice of any adjustment 
made under this subsection not later than July 1 of any year in which 
the adjustment is made.
    (c) A fee adjustment under this subsection shall begin to apply the 
calendar year following the calendar year in which it is made.

SEC. 643. INSPECTION AND MONITORING.

    (a) Inspections.--The Secretary shall make inspections of mineral 
activities so as to ensure compliance with the requirements of this 
title.
    (b) Ancillary Powers.--In connection with any hearing, inquiry, 
investigation, or audit under this title, the Secretary is authorized 
to take any of the following actions:
            (1) Require, by special or general order, any person to 
        submit in writing such affidavits and answers to questions as 
        the Secretary concerned may reasonably prescribe, which 
        submission shall be made within such reasonable period and 
        under oath or otherwise, as may be necessary.
            (2) Administer oaths.
            (3) Require by subpoena the attendance and testimony of 
        witnesses and the production of all books, papers, records, 
        documents, matter, and materials, as such Secretary may 
        request.
            (4) Order testimony to be taken by deposition before any 
        person who is designated by such Secretary and who has the 
        power to administer oaths, and to compel testimony and the 
        production of evidence in the same manner as authorized under 
        paragraph (3) of this subsection.
            (5) Pay witnesses the same fees and mileage as are paid in 
        like circumstances in the courts of the United States.
    (c) Enforcement.--In cases of refusal to obey a subpoena served 
upon any person under this section, the district court of the United 
States for any district in which such person is found, resides, or 
transacts business, upon application by the Attorney General at the 
request of the Secretary concerned and after notice to such person, 
shall have jurisdiction to issue an order requiring such person to 
appear and produce documents before the Secretary concerned. Any 
failure to obey such order of the court may be punished by such court 
as contempt thereof and subject to a penalty of up to $10,000 a day.
    (d) Entry and Access.--Without advance notice and upon presentation 
of appropriate credentials, the Secretary or any authorized 
representative thereof--
            (1) shall have the right of entry to, upon, or through the 
        site of any claim, mineral activities, or any premises in which 
        any records required to be maintained under this title are 
        located;
            (2) may at reasonable times, and without delay, have access 
        to records, inspect any monitoring equipment, or review any 
        method of operation required under this title;
            (3) may engage in any work and do all things necessary or 
        expedient to implement and administer the provisions of this 
        title; and
            (4) may, if accompanied by any appropriate law enforcement 
        officer, or an appropriate law enforcement officer alone, stop 
        and inspect any motorized form of transportation which is not 
        on a claim site if he or she has probable cause to believe such 
        vehicle is carrying hardrock minerals, concentrates, or 
        products derived therefrom from a claim site on Federal lands 
        or allocated to such claim site. Such inspection shall be for 
        the purpose of determining whether the operator of such vehicle 
        has the documentation required by law, if such documentation is 
        required under this title.

SEC. 644. REGULATIONS.

    The Secretary and the Secretary of Agriculture shall issue such 
regulations as are necessary to implement this Act. The regulations 
implementing subtitle B, subtitle C, subtitle D, and subtitle E that 
affect the Forest Service shall be joint regulations issued by both 
Secretaries, and shall be issued no later than 180 days after the date 
of enactment of this Act.

SEC. 645. AVAILABILITY OF PUBLIC RECORDS.

    Copies of records, reports, inspection materials, or information 
obtained by the Secretary or the Secretary of Agriculture under this 
title shall be made immediately available to the public, consistent 
with section 552 of title 5, United States Code, in central and 
sufficient locations in the county, multicounty, and State area of 
mineral activity or reclamation so that such items are conveniently 
available to residents in the area proposed or approved for mineral 
activities and on the Internet.

                TITLE VII--ADMINISTRATIVE COST RECOVERY

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Administrative Cost Recovery for 
Oil and Natural Gas on Public Lands Act of 2011''.

SEC. 702. MAKING PERMANENT NET RECEIPTS SHARING FOR ENERGY MINERALS.

    Section 35(b) of the Mineral Leasing Act (30 U.S.C. 191(b)) is 
amended to read as follows:
    ``(b) Deduction for Administrative Costs.--In determining the 
amount of payments to the States under this section, beginning in 
fiscal year 2013 and for each year thereafter, the amount of such 
payments shall be reduced by 2 percent for any administrative or other 
costs incurred by the United States in carrying out the program 
authorized by this Act and that amount shall be deposited to 
miscellaneous receipts in the Treasury.''.
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