I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Payment for En5 ergy and Mineral Production on Public Lands Act’’. 


pwalker on DSK5TPTVN1PROD with BILLS
2 

•HR 3446 IH

1 SEC. 2. TABLE OF CONTENTS. 

2 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. 


pwalker on DSK5TPTVN1PROD with BILLS
3 

•HR 3446 IH

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. 


pwalker on DSK5TPTVN1PROD with BILLS
4 

•HR 3446 IH

1 TITLE I—USE IT ACT 

2 SEC. 101. SHORT TITLE. 

3 This title may be cited as the ‘‘United States Explo4 ration on Idle Tracts Act’’ or the ‘‘USE IT Act’’. 

5 SEC. 102. PRODUCTION INCENTIVE FEE. 

6 (a) ESTABLISHMENT.—The Secretary of the Interior 

7 shall, within 180 days after the date of enactment of this 

8 Act, issue regulations to establish an annual production 

9 incentive fee with respect to Federal onshore and offshore 

10 lands that are subject to a lease for production of oil or 

11 natural gas under which production is not occurring. Such 

12 fee shall apply with respect to lands that are subject to 

13 such a lease that is in effect on the date final regulations 

14 are promulgated under this subsection or that is issued 

15 thereafter. 

16 (b) AMOUNT.—The amount of the fee shall be, for 

17 each acre of land from which oil or natural gas is produced 

18 for less than 90 days in a calendar year— 

19 (1) in the case of onshore land— 

20 (A) for each of the first 3 years of the 

21 lease, $4 per acre in 2011 dollars; 

22 (B) for the fourth year of the lease, $6 per 

23 acre in 2011 dollars; and 


pwalker on DSK5TPTVN1PROD with BILLS
5 

•HR 3446 IH

1 (C) for the fifth year of the lease and each 

2 year thereafter for which the lease is otherwise 

3 in effect, $8 per acre in 2011 dollars; and 

4 (2) in the case of offshore land— 

5 (A) for each of the third, fourth, and fifth 

6 years of the lease, $4 per acre in 2011 dollars; 

7 (B) for the sixth year of the lease, $6 per 

8 acre in 2011 dollars; and 

9 (C) for the seventh year of the lease and 

10 each year thereafter for which the lease is oth11 erwise in effect, $8 per acre in 2011 dollars. 

12 (c) ASSESSMENT AND COLLECTION.—The Secretary 

13 shall assess and collect the fee established under this sec14 tion. 

15 (d) DEPOSIT.—Amounts received by the United 

16 States as the fee under this section shall be deposited in 

17 the general fund of the Treasury. 

18 (e) REGULATIONS.—The Secretary of the Interior 

19 may issue regulations to prevent evasion of the fee under 

20 this section. 

21 TITLE II—DEFICIT REDUCTION 

22 THROUGH FAIR OIL ROYALTIES 

23 SEC. 201. SHORT TITLE. 

24 This title may be cited as the ‘‘Deficit Reduction 

25 Through Fair Oil Royalties Act’’. 


pwalker on DSK5TPTVN1PROD with BILLS
6 

•HR 3446 IH

1 SEC. 202. ELIGIBILITY FOR NEW LEASES AND THE TRANS2 FER OF LEASES. 

3 (a) ISSUANCE OF NEW LEASES.— 

4 (1) IN GENERAL.—The Secretary shall not 

5 issue any new lease that authorizes the production 

6 of oil or natural gas under the Outer Continental 

7 Shelf Lands Act (43 U.S.C. 1331 et seq.) to a per8 son described in paragraph (2) unless the person has 

9 renegotiated each covered lease with respect to which 

10 the person is a lessee, to modify the payment re11 sponsibilities of the person to require the payment of 

12 royalties if the price of oil and natural gas is greater 

13 than or equal to the price thresholds described in 

14 clauses (v) through (vii) of section 8(a)(3)(C) of the 

15 Outer Continental Shelf Lands Act (43 U.S.C. 

16 1337(a)(3)(C)). 

17 (2) PERSONS DESCRIBED.—A person referred 

18 to in paragraph (1) is a person that— 

19 (A) is a lessee that— 

20 (i) holds a covered lease on the date 

21 on which the Secretary considers the 

22 issuance of the new lease; or 

23 (ii) was issued a covered lease before 

24 the date of enactment of this Act, but 

25 transferred the covered lease to another 

26 person or entity (including a subsidiary or 


pwalker on DSK5TPTVN1PROD with BILLS
7 

•HR 3446 IH

1 affiliate of the lessee) after the date of en2 actment of this Act; or 

3 (B) any other person that has any direct 

4 or indirect interest in, or that derives any ben5 efit from, a covered lease. 

6 (3) MULTIPLE LESSEES.— 

7 (A) IN GENERAL.—For purposes of para8 graph (1), if there are multiple lessees that own 

9 a share of a covered lease, the Secretary may 

10 implement separate agreements with any lessee 

11 with a share of the covered lease that modifies 

12 the payment responsibilities with respect to the 

13 share of the lessee to include price thresholds 

14 that are equal to or less than the price thresh15 olds described in clauses (v) through (vii) of 

16 section 8(a)(3)(C) of the Outer Continental 

17 Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). 

18 (B) TREATMENT OF SHARE AS COVERED

19 LEASE.—Beginning on the effective date of an 

20 agreement under subparagraph (A), any share 

21 subject to the agreement shall not constitute a 

22 covered lease with respect to any lessees that 

23 entered into the agreement. 

24 (b) TRANSFERS.—A lessee or any other person who 

25 has any direct or indirect interest in, or who derives a 


pwalker on DSK5TPTVN1PROD with BILLS
8 

•HR 3446 IH

1 benefit from, a lease shall not be eligible to obtain by sale 

2 or other transfer (including through a swap, spinoff, serv3 icing, or other agreement) any covered lease, the economic 

4 benefit of any covered lease, or any other lease for the 

5 production of oil or natural gas in the Gulf of Mexico 

6 under the Outer Continental Shelf Lands Act (43 U.S.C. 

7 1331 et seq.), unless the lessee or other person has— 

8 (1) renegotiated each covered lease with respect 

9 to which the lessee or person is a lessee, to modify 

10 the payment responsibilities of the lessee or person 

11 to include price thresholds that are equal to or less 

12 than the price thresholds described in clauses (v) 

13 through (vii) of section 8(a)(3)(C) of the Outer Con14 tinental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); 

15 or 

16 (2) entered into an agreement with the Sec17 retary to modify the terms of all covered leases of 

18 the lessee or other person to include limitations on 

19 royalty relief based on market prices that are equal 

20 to or less than the price thresholds described in 

21 clauses (v) through (vii) of section 8(a)(3)(C) of the 

22 Outer Continental Shelf Lands Act (43 U.S.C. 

23 1337(a)(3)(C)). 

24 (c) USE OF AMOUNTS FOR DEFICIT REDUCTION.— 

25 Notwithstanding any other provision of law, any amounts 


pwalker on DSK5TPTVN1PROD with BILLS
9 

•HR 3446 IH

1 received by the United States as rentals or royalties under 

2 covered leases shall be deposited in the Treasury and used 

3 for Federal budget deficit reduction or, if there is no Fed4 eral budget deficit, for reducing the Federal debt in such 

5 manner as the Secretary of the Treasury considers appro6 priate. 

7 (d) DEFINITIONS.—In this section— 

8 (1) COVERED LEASE.—The term ‘‘covered 

9 lease’’ means a lease for oil or gas production in the 

10 Gulf of Mexico that is— 

11 (A) in existence on the date of enactment 

12 of this Act; 

13 (B) issued by the Department of the Inte14 rior under section 304 of the Outer Continental 

15 Shelf Deep Water Royalty Relief Act (43 

16 U.S.C. 1337 note; Public Law 104–58); and 

17 (C) not subject to limitations on royalty re18 lief based on market price that are equal to or 

19 less than the price thresholds described in 

20 clauses (v) through (vii) of section 8(a)(3)(C) of 

21 the Outer Continental Shelf Lands Act (43 

22 U.S.C. 1337(a)(3)(C)). 

23 (2) LESSEE.—The term ‘‘lessee’’ includes any 

24 person or other entity that controls, is controlled by, 

25 or is in or under common control with, a lessee. 


pwalker on DSK5TPTVN1PROD with BILLS
10 

•HR 3446 IH

1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 SEC. 203. PRICE THRESHOLDS FOR ROYALTY SUSPENSION 

4 PROVISIONS. 

5 The Secretary of the Interior shall agree to a request 

6 by any lessee to amend any lease issued for any Central 

7 and Western Gulf of Mexico tract in the period of January 

8 1, 1996, through November 28, 2000, to incorporate price 

9 thresholds applicable to royalty suspension provisions, that 

10 are equal to or less than the price thresholds described 

11 in clauses (v) through (vii) of section 8(a)(3)(C) of the 

12 Outer Continental Shelf Lands Act (43 U.S.C. 

13 1337(a)(3)(C)). Any amended lease shall impose the new 

14 or revised price thresholds effective October 1, 2012. Ex15 isting lease provisions shall prevail through September 30, 

16 2012. 

17 SEC. 204. REPEAL OF ROYALTY RELIEF PROVISIONS. 

18 (a) REPEAL OF PROVISIONS OF ENERGY POLICY ACT

19 OF 2005.—The following provisions of the Energy Policy 

20 Act of 2005 (Public Law 109–58) are repealed: 

21 (1) Section 344 (42 U.S.C. 15904; relating to 

22 incentives for natural gas production from deep wells 

23 in shallow waters of the Gulf of Mexico). 


pwalker on DSK5TPTVN1PROD with BILLS
11 

•HR 3446 IH

1 (2) Section 345 (42 U.S.C. 15905; relating to 

2 royalty relief for deep water production in the Gulf 

3 of Mexico). 

4 (b) REPEAL OF PROVISIONS RELATING TO PLAN5 NING AREAS OFFSHORE ALASKA.—Section 8(a)(3)(B) of 

6 the Outer Continental Shelf Lands Act (43 U.S.C. 

7 1337(a)(3)(B)) is amended by striking ‘‘and in the Plan8 ning Areas offshore Alaska’’. 

9 TITLE III—OCS FACILITY 

10 INSPECTIONS 

11 SEC. 301. SHORT TITLE. 

12 This title may be cited as the ‘‘No Free Inspections 

13 for Oil Companies Act’’. 

14 SEC. 302. OCS FACILITY INSPECTION FEES. 

15 Section 22 of the Outer Continental Shelf Lands Act 

16 (43 U.S.C. 1348) is amended by adding at the end of the 

17 section the following: 

18 ‘‘(g) INSPECTION FEES.— 

19 ‘‘(1) ESTABLISHMENT.—The Secretary of the 

20 Interior shall establish, by rule, and collect from the 

21 operators of facilities subject to inspection under 

22 subsection (c) nonrefundable fees for such inspec23 tions— 

24 ‘‘(A) at an aggregate level equal to the 

25 amount necessary to offset the annual expenses 


pwalker on DSK5TPTVN1PROD with BILLS
12 

•HR 3446 IH

1 of inspections of outer Continental Shelf facili2 ties (including mobile offshore drilling units) by 

3 the Department of the Interior; and 

4 ‘‘(B) using a schedule that reflects the dif5 ferences in complexity among the classes of fa6 cilities to be inspected. 

7 ‘‘(2) OCEAN ENERGY ENFORCEMENT FUND.— 

8 There is established in the Treasury a fund, to be 

9 known as the ‘Ocean Energy Enforcement Fund’ 

10 (referred to in this subsection as the ‘Fund’), into 

11 which shall be deposited amounts collected as fees 

12 under paragraph (1) and which shall be available as 

13 provided under paragraph (3). 

14 ‘‘(3) AVAILABILITY OF FEES.—Notwithstanding 

15 section 3302 of title 31, United States Code, all 

16 amounts collected by the Secretary under this sec17 tion— 

18 ‘‘(A) shall be credited as offsetting collec19 tions; 

20 ‘‘(B) shall be available for expenditure only 

21 for purposes of carrying out inspections of 

22 outer Continental Shelf facilities (including mo23 bile offshore drilling units) and the administra24 tion of the inspection program under this sec25 tion; 


pwalker on DSK5TPTVN1PROD with BILLS
13 

•HR 3446 IH

1 ‘‘(C) shall be available only to the extent 

2 provided for in advance in an appropriations 

3 Act; and 

4 ‘‘(D) shall remain available until expended. 

5 ‘‘(4) ANNUAL REPORTS.— 

6 ‘‘(A) IN GENERAL.—Not later than 60 

7 days after the end of each fiscal year beginning 

8 with fiscal year 2011, the Secretary shall sub9 mit to the Committee on Energy and Natural 

10 Resources of the Senate and the Committee on 

11 Natural Resources of the House of Representa12 tives a report on the operation of the Fund dur13 ing the fiscal year. 

14 ‘‘(B) CONTENTS.—Each report shall in15 clude, for the fiscal year covered by the report, 

16 the following: 

17 ‘‘(i) A statement of the amounts de18 posited into the Fund. 

19 ‘‘(ii) A description of the expenditures 

20 made from the Fund for the fiscal year, in21 cluding the purpose of the expenditures. 

22 ‘‘(iii) Recommendations for additional 

23 authorities to fulfill the purpose of the 

24 Fund. 


pwalker on DSK5TPTVN1PROD with BILLS
14 

•HR 3446 IH

1 ‘‘(iv) A statement of the balance re2 maining in the Fund at the end of the fis3 cal year.’’. 

4 TITLE IV—GULF COAST OIL AND 

5 GAS ROYALTY GIVEAWAY RE6 PEAL 

7 SEC. 401. SHORT TITLE. 

8 This title may be cited as the ‘‘Gulf Coast Oil and 

9 Gas Royalty Giveaway Repeal and Deficit Reduction Act’’. 

10 SEC. 402. DISPOSITION OF QUALIFIED OUTER CONTI11 NENTAL SHELF REVENUES FROM 181 AREA, 

12 181 SOUTH AREA, AND 2002–2007 PLANNING 

13 AREAS OF GULF OF MEXICO. 

14 Section 105 of the Gulf of Mexico Energy Security 

15 Act of 2006 (43 U.S.C. 1331 note) is amended to read 

16 as follows: 

17 ‘‘SEC. 105. DISPOSITION OF QUALIFIED OUTER CONTI18 NENTAL SHELF REVENUES FROM 181 AREA, 

19 181 SOUTH AREA, AND 2002–2007 PLANNING 

20 AREAS OF GULF OF MEXICO. 

21 ‘‘(a) IN GENERAL.—Notwithstanding section 9 of the 

22 Outer Continental Shelf Lands Act (43 U.S.C. 1338) and 

23 subject to the other provisions of this section, for each ap24 plicable fiscal year, the Secretary of the Treasury shall 

25 deposit— 


pwalker on DSK5TPTVN1PROD with BILLS
15 

•HR 3446 IH

1 ‘‘(1) 87.5 percent of qualified outer Continental 

2 Shelf revenues in the general fund of the Treasury; 

3 and 

4 ‘‘(2) 12.5 percent of qualified outer Continental 

5 Shelf revenues in a special account in the Treasury 

6 from which the Secretary shall disburse 100 percent 

7 to provide financial assistance to States in accord8 ance with section 6 of the Land and Water Con9 servation Fund Act of 1965 (16 U.S.C. 460l–8), 

10 which shall be considered income to the Land and 

11 Water Conservation Fund for purposes of section 2 

12 of that Act (16 U.S.C. 460l–5). 

13 ‘‘(b) USE OF AMOUNTS FOR DEFICIT REDUCTION.— 

14 Notwithstanding any other provision of law, any amounts 

15 received by the United States as rentals or royalties under 

16 leases covered by this title shall be deposited in the Treas17 ury and used for Federal budget deficit reduction or, if 

18 there is no Federal budget deficit, for reducing the Fed19 eral debt in such manner as the Secretary of the Treasury 

20 considers appropriate.’’. 

21 TITLE V—HARDROCK MINING 

22 REFORM 

23 SEC. 501. SHORT TITLE. 

24 This title may be cited as the ‘‘Hardrock Mining Re25 form and Deficit Reduction Act of 2011’’. 


pwalker on DSK5TPTVN1PROD with BILLS
16 

•HR 3446 IH

1 SEC. 502. DEFINITIONS AND REFERENCES. 

2 (a) IN GENERAL.—As used in this title: 

3 (1) The term ‘‘affiliate’’ means with respect to 

4 any person, any of the following: 

5 (A) Any person who controls, is controlled 

6 by, or is under common control with such per7 son. 

8 (B) Any partner of such person. 

9 (C) Any person owning at least 10 percent 

10 of the voting shares of such person. 

11 (2) The term ‘‘applicant’’ means any person ap12 plying for a permit under this title or a modification 

13 to or a renewal of a permit under this title. 

14 (3) The term ‘‘beneficiation’’ means the crush15 ing and grinding of locatable mineral ore and such 

16 processes as are employed to free the mineral from 

17 other constituents, including but not necessarily lim18 ited to, physical and chemical separation techniques. 

19 (4) The term ‘‘casual use’’— 

20 (A) subject to subparagraphs (B) and (C), 

21 means mineral activities that do not ordinarily 

22 result in any disturbance of public lands and re23 sources; 

24 (B) includes collection of geochemical, 

25 rock, soil, or mineral specimens using 


pwalker on DSK5TPTVN1PROD with BILLS
17 

•HR 3446 IH

1 handtools, hand panning, or nonmotorized sluic2 ing; and 

3 (C) does not include— 

4 (i) the use of mechanized earth-mov5 ing equipment, suction dredging, or explo6 sives; 

7 (ii) the use of motor vehicles in areas 

8 closed to off-road vehicles; 

9 (iii) the construction of roads or drill 

10 pads; and 

11 (iv) the use of toxic or hazardous ma12 terials. 

13 (5) The term ‘‘claim holder’’ means a person 

14 holding a mining claim, millsite claim, or tunnel site 

15 claim located under the general mining laws and 

16 maintained in compliance with such laws and this 

17 title. Such term may include an agent of a claim 

18 holder. 

19 (6) The term ‘‘control’’ means having the abil20 ity, directly or indirectly, to determine (without re21 gard to whether exercised through one or more cor22 porate structures) the manner in which an entity 

23 conducts mineral activities, through any means, in24 cluding without limitation, ownership interest, au25 thority to commit the entity’s real or financial asVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
18 

•HR 3446 IH

1 sets, position as a director, officer, or partner of the 

2 entity, or contractual arrangement. 

3 (7) The term ‘‘exploration’’— 

4 (A) subject to subparagraphs (B) and (C), 

5 means creating surface disturbance other than 

6 casual use, to evaluate the type, extent, quan7 tity, or quality of minerals present; 

8 (B) includes mineral activities associated 

9 with sampling, drilling, and analyzing locatable 

10 mineral values; and 

11 (C) does not include extraction of mineral 

12 material for commercial use or sale. 

13 (8) The term ‘‘Federal land’’ means any land, 

14 and any interest in land, that is owned by the 

15 United States and open to location of mining claims 

16 under the general mining laws and subtitle B of this 

17 title. 

18 (9) The term ‘‘Indian lands’’ means lands held 

19 in trust for the benefit of an Indian tribe or indi20 vidual or held by an Indian tribe or individual sub21 ject to a restriction by the United States against 

22 alienation. 

23 (10) The term ‘‘Indian tribe’’ means any Indian 

24 tribe, band, nation, pueblo, or other organized group 

25 or community, including any Alaska Native village 


pwalker on DSK5TPTVN1PROD with BILLS
19 

•HR 3446 IH

1 or regional corporation as defined in or established 

2 pursuant to the Alaska Native Claims Settlement 

3 Act (43 U.S.C. 1601 et seq.), that is recognized as 

4 eligible for the special programs and services pro5 vided by the United States to Indians because of 

6 their status as Indians. 

7 (11) The term ‘‘locatable mineral’’— 

8 (A) subject to subparagraph (B), means 

9 any mineral, the legal and beneficial title to 

10 which remains in the United States and that is 

11 not subject to disposition under any of— 

12 (i) the Mineral Leasing Act (30 

13 U.S.C. 181 et seq.); 

14 (ii) the Geothermal Steam Act of 

15 1970 (30 U.S.C. 1001 et seq.); 

16 (iii) the Act of July 31, 1947, com17 monly known as the Materials Act of 1947 

18 (30 U.S.C. 601 et seq.); or 

19 (iv) the Mineral Leasing for Acquired 

20 Lands Act (30 U.S.C. 351 et seq.); and 

21 (B) does not include any mineral that is 

22 subject to a restriction against alienation im23 posed by the United States and is— 

24 (i) held in trust by the United States 

25 for any Indian or Indian tribe, as defined 


pwalker on DSK5TPTVN1PROD with BILLS
20 

•HR 3446 IH

1 in section 2 of the Indian Mineral Develop2 ment Act of 1982 (25 U.S.C. 2101); or 

3 (ii) owned by any Indian or Indian 

4 tribe, as defined in that section. 

5 (12) The term ‘‘mineral activities’’ means any 

6 activity on a mining claim, millsite claim, or tunnel 

7 site claim for, related to, or incidental to, mineral 

8 exploration, mining, beneficiation, processing, or rec9 lamation activities for any locatable mineral. 

10 (13) The term ‘‘mining claim’’— 

11 (A) subject to subparagraph (B), means a 

12 claim located under the Mining Law of 1872 

13 within the boundaries of which exist locatable 

14 minerals the claimant intends to extract; 

15 (B) does not include a claim located for 

16 the purpose of securing Federal lands for a 

17 waste rock dump, tailings pile, or other pur18 poses incident to processing locatable minerals 

19 extracted elsewhere. 

20 (14) The term ‘‘National Conservation System 

21 unit’’ means any unit of the National Park System, 

22 National Wildlife Refuge System, National Wild and 

23 Scenic Rivers System, or National Trails System, or 

24 a National Conservation Area, a National Recreation 


pwalker on DSK5TPTVN1PROD with BILLS
21 

•HR 3446 IH

1 Area, a National Monument, or any unit of the Na2 tional Wilderness Preservation System. 

3 (15) The term ‘‘operator’’ means any person 

4 proposing or authorized by a permit issued under 

5 this title to conduct mineral activities and any agent 

6 of such person. 

7 (16) The term ‘‘person’’ means an individual, 

8 Indian tribe, partnership, association, society, joint 

9 venture, joint stock company, firm, company, cor10 poration, cooperative, or other organization and any 

11 instrumentality of State or local government includ12 ing any publicly owned utility or publicly owned cor13 poration of State or local government. 

14 (17) The term ‘‘processing’’ means processes 

15 downstream of beneficiation employed to prepare 

16 locatable mineral ore into the final marketable prod17 uct, including smelting and electrolytic refining. 

18 (18) The term ‘‘Secretary’’ means the Secretary 

19 of the Interior, unless otherwise specified. 

20 (19) The term ‘‘temporary cessation’’ means a 

21 halt in mine-related production activities for a con22 tinuous period of no longer than 5 years. 

23 (20) The term ‘‘undue degradation’’ means, 

24 based on consideration of other resource values that 

25 may be affected, the operation or proposed operation 


pwalker on DSK5TPTVN1PROD with BILLS
22 

•HR 3446 IH

1 fails to comply with the performance standards in 

2 this title or can reasonably be expected to cause sig3 nificant environmental harm to wildlife; land, air, or 

4 water resources; or scientific or cultural resources. 

5 (21) The term ‘‘valid existing rights’’ means a 

6 mining claim or millsite claim located on lands de7 scribed in section 521(b), that— 

8 (A) was properly located and maintained 

9 under the general mining laws prior to the date 

10 of enactment of this Act; 

11 (B) was supported by a discovery of a val12 uable mineral deposit within the meaning of the 

13 general mining laws on the date of enactment 

14 of this Act, and, for millsite claims, does not in15 volve more than one mill site for every mining 

16 claim located for that operation; and 

17 (C) continues to be valid under this title. 

18 (b) REFERENCES TO OTHER LAWS.— 

19 (1) Any reference in this title to the term gen20 eral mining laws is a reference to those Acts that 

21 generally comprise chapters 2, 12A, and 16, and sec22 tions 161 and 162, of title 30, United States Code. 

23 (2) Any reference in this title to the Act of July 

24 23, 1955, is a reference to the Act entitled ‘‘An Act 

25 to amend the Act of July 31, 1947 (61 Stat. 681) 


pwalker on DSK5TPTVN1PROD with BILLS
23 

•HR 3446 IH

1 and the mining laws to provide for multiple use of 

2 the surface of the same tracts of the public lands, 

3 and for other purposes’’ (30 U.S.C. 601 et seq.). 

4 SEC. 503. APPLICATION RULES. 

5 (a) IN GENERAL.—This title applies to any mining 

6 claim, millsite claim, or tunnel site claim located under 

7 the general mining laws, before, on, or after the date of 

8 enactment of this Act, except as provided in subsection 

9 (b). 

10 (b) PREEXISTING CLAIMS.— 

11 (1) Any unpatented mining claim or millsite 

12 claim located under the general mining laws before 

13 the date of enactment of this Act for which a plan 

14 of operation has not been approved or a notice filed 

15 prior to the date of enactment shall, upon the effec16 tive date of this title, be subject to the requirements 

17 of this title, except as provided in paragraphs (2) 

18 and (3). 

19 (2)(A) If a plan of operations is approved for 

20 mineral activities on any claim or site referred to in 

21 paragraph (1) prior to the date of enactment of this 

22 Act but such operations have not commenced prior 

23 to the date of enactment of this Act— 

24 (i) during the 5-year period beginning 

25 on the date of enactment of this Act, minVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
24 

•HR 3446 IH

1 eral activities at such claim or site shall be 

2 subject to such plan of operations; 

3 (ii) during such 5-year period, modi4 fications of any such plan may be made in 

5 accordance with the provisions of law ap6 plicable prior to the enactment of this Act 

7 if such modifications are deemed minor by 

8 the Secretary concerned; and 

9 (iii) the operator shall bring such min10 eral activities into compliance with this 

11 title by the end of such 5-year period. 

12 (B) Where an application for modification 

13 of a plan of operations referred to in subpara14 graph (A)(ii) has been timely submitted and an 

15 approved plan expires prior to Secretarial ac16 tion on the application, mineral activities and 

17 reclamation may continue in accordance with 

18 the terms of the expired plan until the Sec19 retary makes an administrative decision on the 

20 application. 

21 (c) FEDERAL LANDS SUBJECT TO EXISTING PER22 MIT.— 

23 (1) Any Federal land shall be subject to the re24 quirements of section 512(a)(2) if the land is— 

25 (A) subject to an operations permit; and 


pwalker on DSK5TPTVN1PROD with BILLS
25 

•HR 3446 IH

1 (B) producing valuable locatable minerals 

2 in commercial quantities prior to the date of en3 actment of this Act. 

4 (2) Any Federal land added through a plan 

5 modification to an operations permit on Federal land 

6 that is submitted after the date of enactment of this 

7 Act shall be subject to the terms of section 

8 512(a)(3). 

9 (d) APPLICATION OF TITLE TO BENEFICIATION AND

10 PROCESSING OF NON-FEDERAL MINERALS ON FEDERAL

11 LANDS.—The provisions of this title (including the envi12 ronmental protection requirements of subtitle C) shall 

13 apply in the same manner and to the same extent to min14 ing claims, millsite claims, and tunnel site claims used for 

15 beneficiation or processing activities or activities related 

16 to, or incidental to, such mineral activities for any mineral 

17 without regard to whether or not the legal and beneficial 

18 title to the mineral is held by the United States. This sub19 section applies only to minerals that are locatable minerals 

20 or minerals that would be locatable minerals if the legal 

21 and beneficial title to such minerals were held by the 

22 United States. 


pwalker on DSK5TPTVN1PROD with BILLS
26 

•HR 3446 IH

1 Subtitle A—Mineral Exploration 

2 and Development 

3 SEC. 511. ROYALTY. 

4 (a) RESERVATION OF ROYALTY.— 

5 (1) IN GENERAL.—Subject to paragraph (2) 

6 production of all locatable minerals from any mining 

7 claim located under the general mining laws and 

8 maintained in compliance with this title, or mineral 

9 concentrates or products derived from locatable min10 erals from any such mining claim, as the case may 

11 be, shall be subject to a royalty of 12.5 percent of 

12 the gross income from mining. The claim holder or 

13 any operator to whom the claim holder has assigned 

14 the obligation to make royalty payments under the 

15 claim and any person who controls such claim holder 

16 or operator shall be liable for payment of such royal17 ties. 

18 (2) FEDERAL LAND ADDED TO EXISTING OPER19 ATIONS PERMIT.—Any Federal land added through 

20 a plan modification to an operations permit that is 

21 submitted after the date of enactment of this Act 

22 shall be subject to the royalty that applies to Fed23 eral land under paragraph (1). 


pwalker on DSK5TPTVN1PROD with BILLS
27 

•HR 3446 IH

1 (3) DEPOSIT.—Amounts received by the United 

2 States as royalties under this subsection shall be de3 posited into the Treasury. 

4 (b) DUTIES OF CLAIM HOLDERS, OPERATORS, AND

5 TRANSPORTERS.— 

6 (1) A person— 

7 (A) who is required to make any royalty 

8 payment under this section shall make such 

9 payments to the United States at such times 

10 and in such manner as the Secretary may by 

11 rule prescribe; and 

12 (B) shall notify the Secretary, in the time 

13 and manner as may be specified by the Sec14 retary, of any assignment that such person may 

15 have made of the obligation to make any roy16 alty or other payment under a mining claim. 

17 (2) Any person paying royalties under this sec18 tion shall file a written instrument, together with the 

19 first royalty payment, affirming that such person is 

20 responsible for making proper payments for all 

21 amounts due for all time periods for which such per22 son has a payment responsibility. Such responsibility 

23 for the periods referred to in the preceding sentence 

24 shall include any and all additional amounts billed 

25 by the Secretary and determined to be due by final 


pwalker on DSK5TPTVN1PROD with BILLS
28 

•HR 3446 IH

1 agency or judicial action. Any person liable for roy2 alty payments under this section who assigns any 

3 payment obligation shall remain jointly and severally 

4 liable for all royalty payments due for the claim for 

5 the period. 

6 (3) A person conducting mineral activities 

7 shall— 

8 (A) develop and comply with the site secu9 rity provisions in the operations permit de10 signed to protect from theft the locatable min11 erals, concentrates or products derived there12 from which are produced or stored on a mining 

13 claim, and such provisions shall conform with 

14 such minimum standards as the Secretary may 

15 prescribe by rule, taking into account the vari16 ety of circumstances on mining claims; and 

17 (B) not later than the 5th business day 

18 after production begins anywhere on a mining 

19 claim, or production resumes after more than 

20 90 days after production was suspended, notify 

21 the Secretary, in the manner prescribed by the 

22 Secretary, of the date on which such production 

23 has begun or resumed. 

24 (4) The Secretary may by rule require any per25 son engaged in transporting a locatable mineral, 


pwalker on DSK5TPTVN1PROD with BILLS
29 

•HR 3446 IH

1 concentrate, or product derived there from to carry 

2 on his or her person, in his or her vehicle, or in his 

3 or her immediate control, documentation showing, at 

4 a minimum, the amount, origin, and intended des5 tination of the locatable mineral, concentrate, or 

6 product derived there from in such circumstances as 

7 the Secretary determines is appropriate. 

8 (c) RECORDKEEPING AND REPORTING REQUIRE9 MENTS.— 

10 (1) A claim holder, operator, or other person di11 rectly involved in developing, producing, processing, 

12 transporting, purchasing, or selling locatable min13 erals, concentrates, or products derived therefrom, 

14 subject to this title, through the point of royalty 

15 computation shall establish and maintain any 

16 records, make any reports, and provide any informa17 tion that the Secretary may reasonably require for 

18 the purposes of implementing this section or deter19 mining compliance with rules or orders under this 

20 section. Such records shall include, but not be lim21 ited to, periodic reports, records, documents, and 

22 other data. Such reports may also include, but not 

23 be limited to, pertinent technical and financial data 

24 relating to the quantity, quality, composition volume, 

25 weight, and assay of all minerals extracted from the 


pwalker on DSK5TPTVN1PROD with BILLS
30 

•HR 3446 IH

1 mining claim. Upon the request of any officer or em2 ployee duly designated by the Secretary conducting 

3 an audit or investigation pursuant to this section, 

4 the appropriate records, reports, or information that 

5 may be required by this section shall be made avail6 able for inspection and duplication by such officer or 

7 employee. Failure by a claim holder, operator, or 

8 other person referred to in the first sentence to co9 operate with such an audit, provide data required by 

10 the Secretary, or grant access to information may, 

11 at the discretion of the Secretary, result in involun12 tary forfeiture of the claim. 

13 (2) Records required by the Secretary under 

14 this section shall be maintained for 7 years after re15 lease of financial assurance under section 536 unless 

16 the Secretary notifies the operator that the Sec17 retary has initiated an audit or investigation involv18 ing such records and that such records must be 

19 maintained for a longer period. In any case when an 

20 audit or investigation is underway, records shall be 

21 maintained until the Secretary releases the operator 

22 of the obligation to maintain such records. 

23 (d) AUDITS.—The Secretary is authorized to conduct 

24 such audits of all claim holders, operators, transporters, 

25 purchasers, processors, or other persons directly or indiVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
31 

•HR 3446 IH

1 rectly involved in the production or sales of minerals cov2 ered by this title, as the Secretary deems necessary for 

3 the purposes of ensuring compliance with the require4 ments of this section. For purposes of performing such 

5 audits, the Secretary shall, at reasonable times and upon 

6 request, have access to, and may copy, all books, papers 

7 and other documents that relate to compliance with any 

8 provision of this section by any person. 

9 (e) COOPERATIVE AGREEMENTS.— 

10 (1) The Secretary is authorized to enter into 

11 cooperative agreements with the Secretary of Agri12 culture to share information concerning the royalty 

13 management of locatable minerals, concentrates, or 

14 products derived therefrom, to carry out inspection, 

15 auditing, investigation, or enforcement (not includ16 ing the collection of royalties, civil or criminal pen17 alties, or other payments) activities under this sec18 tion in cooperation with the Secretary, and to carry 

19 out any other activity described in this section. 

20 (2) Except as provided in paragraph (3)(A) of 

21 this subsection (relating to trade secrets), and pur22 suant to a cooperative agreement, the Secretary of 

23 Agriculture shall, upon request, have access to all 

24 royalty accounting information in the possession of 

25 the Secretary respecting the production, removal, or 


pwalker on DSK5TPTVN1PROD with BILLS
32 

•HR 3446 IH

1 sale of locatable minerals, concentrates, or products 

2 derived therefrom from claims on lands open to loca3 tion under this title. 

4 (3) Trade secrets, proprietary, and other con5 fidential information protected from disclosure under 

6 section 552 of title 5, United States Code, popularly 

7 known as the Freedom of Information Act, shall be 

8 made available by the Secretary to other Federal 

9 agencies as necessary to assure compliance with this 

10 title and other Federal laws. The Secretary, the Sec11 retary of Agriculture, the Administrator of the Envi12 ronmental Protection Agency, and other Federal of13 ficials shall ensure that such information is provided 

14 protection in accordance with the requirements of 

15 that section. 

16 (f) INTEREST AND SUBSTANTIAL UNDERREPORTING

17 ASSESSMENTS.— 

18 (1) In the case of mining claims where royalty 

19 payments are not received by the Secretary on the 

20 date that such payments are due, the Secretary shall 

21 charge interest on such underpayments at the same 

22 interest rate as the rate applicable under section 

23 6621(a)(2) of the Internal Revenue Code of 1986. 

24 In the case of an underpayment, interest shall be 


pwalker on DSK5TPTVN1PROD with BILLS
33 

•HR 3446 IH

1 computed and charged only on the amount of the de2 ficiency and not on the total amount. 

3 (2) If there is any underreporting of royalty 

4 owed on production from a claim for any production 

5 month by any person liable for royalty payments 

6 under this section, the Secretary shall assess a pen7 alty of not greater than 25 percent of the amount 

8 of that underreporting. 

9 (3) For the purposes of this subsection, the 

10 term ‘‘underreporting’’ means the difference between 

11 the royalty on the value of the production that 

12 should have been reported and the royalty on the 

13 value of the production which was reported, if the 

14 value that should have been reported is greater than 

15 the value that was reported. 

16 (4) The Secretary may waive or reduce the as17 sessment provided in paragraph (2) of this sub18 section if the person liable for royalty payments 

19 under this section corrects the underreporting before 

20 the date such person receives notice from the Sec21 retary that an underreporting may have occurred, or 

22 before 90 days after the date of the enactment of 

23 this section, whichever is later. 

24 (5) The Secretary shall waive any portion of an 

25 assessment under paragraph (2) of this subsection 


pwalker on DSK5TPTVN1PROD with BILLS
34 

•HR 3446 IH

1 attributable to that portion of the underreporting for 

2 which the person responsible for paying the royalty 

3 demonstrates that— 

4 (A) such person had written authorization 

5 from the Secretary to report royalty on the 

6 value of the production on basis on which it was 

7 reported; 

8 (B) such person had substantial authority 

9 for reporting royalty on the value of the produc10 tion on the basis on which it was reported; 

11 (C) such person previously had notified the 

12 Secretary, in such manner as the Secretary may 

13 by rule prescribe, of relevant reasons or facts 

14 affecting the royalty treatment of specific pro15 duction which led to the underreporting; or 

16 (D) such person meets any other exception 

17 which the Secretary may, by rule, establish. 

18 (g) DELEGATION.—For the purposes of this section, 

19 the term ‘‘Secretary’’ means the Secretary of the Interior 

20 acting through the Director of the Minerals Management 

21 Service. 

22 (h) EXPANDED ROYALTY OBLIGATIONS.—Each per23 son liable for royalty payments under this section shall 

24 be jointly and severally liable for royalty on all locatable 

25 minerals, concentrates, or products derived therefrom lost 


pwalker on DSK5TPTVN1PROD with BILLS
35 

•HR 3446 IH

1 or wasted from a mining claim located under the general 

2 mining laws and maintained in compliance with this title 

3 when such loss or waste is due to negligence on the part 

4 of any person or due to the failure to comply with any 

5 rule, regulation, or order issued under this section. 

6 (i) GROSS INCOME FROM MINING DEFINED.—For 

7 the purposes of this section, for any locatable mineral, the 

8 term ‘‘gross income from mining’’ has the same meaning 

9 as the term ‘‘gross income’’ in section 613(c) of the Inter10 nal Revenue Code of 1986. 

11 (j) EFFECTIVE DATE.—The royalty under this sec12 tion shall take effect with respect to the production of 

13 locatable minerals after the enactment of this Act, but any 

14 royalty payments attributable to production during the 

15 first 12 calendar months after the enactment of this Act 

16 shall be payable at the expiration of such 12-month period. 

17 (k) FAILURE TO COMPLY WITH ROYALTY REQUIRE18 MENTS.—Any person who fails to comply with the require19 ments of this section or any regulation or order issued to 

20 implement this section shall be liable for a civil penalty 

21 under section 109 of the Federal Oil and Gas Royalty 

22 Management Act (30 U.S.C. 1719) to the same extent as 

23 if the claim located under the general mining laws and 

24 maintained in compliance with this title were a lease under 

25 that Act. 


pwalker on DSK5TPTVN1PROD with BILLS
36 

•HR 3446 IH

1 SEC. 512. HARDROCK MINING CLAIM MAINTENANCE FEE. 

2 (a) FEE.— 

3 (1) Except as provided in section 2511(e)(2) of 

4 the Energy Policy Act of 1992 (relating to oil shale 

5 claims), for each unpatented mining claim, mill or 

6 tunnel site on federally owned lands, whether located 

7 before, on, or after enactment of this Act, each 

8 claimant shall pay to the Secretary, on or before Au9 gust 31 of each year, a claim maintenance fee of 

10 $200 per claim to hold such unpatented mining 

11 claim, mill or tunnel site for the assessment year be12 ginning at noon on the next day, September 1. Such 

13 claim maintenance fee shall be in lieu of the assess14 ment work requirement contained in the Mining Law 

15 of 1872 (30 U.S.C. 28 et seq.) and the related filing 

16 requirements contained in section 314(a) and (c) of 

17 the Federal Land Policy and Management Act of 

18 1976 (43 U.S.C. 1744(a) and (c)). 

19 (2)(A) The Secretary shall adjust the fees re20 quired by this section to reflect changes in the Con21 sumer Price Index published by the Bureau of Labor 

22 Statistics of the Department of Labor every 5 years 

23 after the date of enactment of this Act, or more fre24 quently if the Secretary determines an adjustment to 

25 be reasonable. The Secretary shall employ the Con26 sumer Price Index for All-Urban Consumers pubVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
37 

•HR 3446 IH

1 lished by the Department of Labor as the basis for 

2 adjustment, and rounding according to the adjust3 ment process of conditions of the Federal Civil Pen4 alties Inflation Adjustment Act of 1990 (104 Stat. 

5 890). 

6 (B) The Secretary shall provide claimants no7 tice of any adjustment made under this paragraph 

8 not later than July 1 of any year in which the ad9 justment is made. 

10 (C) A fee adjustment under this paragraph 

11 shall begin to apply the calendar year following the 

12 calendar year in which it is made. 

13 (b) LOCATION.—Notwithstanding any provision of 

14 law, for every unpatented mining claim, mill or tunnel site 

15 located after the date of enactment of this Act the locator 

16 shall, at the time the location notice is recorded with the 

17 Bureau of Land Management, pay to the Secretary a loca18 tion fee, in addition to the fee required by subsection (a) 

19 of $50 per claim. 

20 (c) CO-OWNERSHIP.—The co-ownership provisions of 

21 the Mining Law of 1872 (30 U.S.C. 28 et seq.) will remain 

22 in effect except that the annual claim maintenance fee, 

23 where applicable, shall replace applicable assessment re24 quirements and expenditures. 


pwalker on DSK5TPTVN1PROD with BILLS
38 

•HR 3446 IH

1 (d) FAILURE TO PAY.—Failure to pay the claim 

2 maintenance fee as required by subsection (a) shall conclu3 sively constitute a forfeiture of the unpatented mining 

4 claim, mill or tunnel site by the claimant and the claim 

5 shall be deemed null and void by operation of law. 

6 (e) OTHER REQUIREMENTS.— 

7 (1) Nothing in this section shall change or mod8 ify the requirements of section 314(b) of the Federal 

9 Land Policy and Management Act of 1976 (43 

10 U.S.C. 1744(b)), or the requirements of section 

11 314(c) of the Federal Land Policy and Management 

12 Act of 1976 (43 U.S.C. 1744(c)) related to filings 

13 required by section 314(b), which remain in effect. 

14 (2) Section 2324 of the Revised Statutes of the 

15 United States (30 U.S.C. 28) is amended by insert16 ing ‘‘or section 103(a) of the Hardrock Mining Re17 form and Deficit Reduction Act of 2011’’ after ‘‘Act 

18 of 1993,’’. 

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

20 OF CLAIMS. 

21 Timely payment of the claim maintenance fee re22 quired by section 512 of this title or any related law relat23 ing to the use of Federal land, preserves the claimant’s 

24 ability to use and occupy the Federal land concerned for 


pwalker on DSK5TPTVN1PROD with BILLS
39 

•HR 3446 IH

1 prospecting and exploration, consistent with and subject 

2 to the requirements of this title and other applicable law. 

3 SEC. 514. LIMITATION ON PATENTS. 

4 (a) MINING CLAIMS.— 

5 (1) DETERMINATIONS REQUIRED.—After the 

6 date of enactment of this Act, no patent shall be 

7 issued by the United States for any mining claim lo8 cated under the general mining laws unless the Sec9 retary determines that, for the claim concerned— 

10 (A) a patent application was filed with the 

11 Secretary on or before September 30, 1994; 

12 and 

13 (B) all requirements established under sec14 tions 2325 and 2326 of the Revised Statutes 

15 (30 U.S.C. 29 and 30) for vein or lode claims 

16 and sections 2329, 2330, 2331, and 2333 of 

17 the Revised Statutes (30 U.S.C. 35, 36, and 

18 37) for placer claims were fully complied with 

19 by that date. 

20 (2) RIGHT TO PATENT.—If the Secretary makes 

21 the determinations referred to in subparagraphs (A) 

22 and (B) of paragraph (1) for any mining claim, the 

23 holder of the claim shall be entitled to the issuance 

24 of a patent in the same manner and degree to which 

25 such claim holder would have been entitled to prior 


pwalker on DSK5TPTVN1PROD with BILLS
40 

•HR 3446 IH

1 to the enactment of this Act, unless and until such 

2 determinations are withdrawn or invalidated by the 

3 Secretary or by a court of the United States. 

4 (b) MILLSITE CLAIMS.— 

5 (1) DETERMINATIONS REQUIRED.—After the 

6 date of enactment of this Act, no patent shall be 

7 issued by the United States for any millsite claim lo8 cated under the general mining laws unless the Sec9 retary determines that for the millsite concerned— 

10 (A) a patent application for such land was 

11 filed with the Secretary on or before September 

12 30, 1994; and 

13 (B) all requirements applicable to such 

14 patent application were fully complied with by 

15 that date. 

16 (2) RIGHT TO PATENT.—If the Secretary makes 

17 the determinations referred to in subparagraphs (A) 

18 and (B) of paragraph (1) for any millsite claim, the 

19 holder of the claim shall be entitled to the issuance 

20 of a patent in the same manner and degree to which 

21 such claim holder would have been entitled to prior 

22 to the enactment of this Act, unless and until such 

23 determinations are withdrawn or invalidated by the 

24 Secretary or by a court of the United States. 


pwalker on DSK5TPTVN1PROD with BILLS
41 

•HR 3446 IH

1 Subtitle B—Protection of Special 

2 Places 

3 SEC. 521. LANDS OPEN TO LOCATION. 

4 (a) LANDS OPEN TO LOCATION.—Except as provided 

5 in subsection (b), mining claims may be located under the 

6 general mining laws only on such lands and interests as 

7 were open to the location of mining claims under the gen8 eral mining laws immediately before the enactment of this 

9 Act. 

10 (b) LANDS NOT OPEN TO LOCATION.—Notwith11 standing any other provision of law and subject to valid 

12 existing rights, each of the following shall not be open to 

13 the location of mining claims under the general mining 

14 laws on or after the date of enactment of this Act: 

15 (1) Wilderness study areas. 

16 (2) Areas of critical environmental concern. 

17 (3) Areas designated for inclusion in the Na18 tional Wild and Scenic Rivers System pursuant to 

19 the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 

20 seq.), areas designated for potential addition to such 

21 system pursuant to section 5(a) of that Act (16 

22 U.S.C. 1276(a)), and areas determined to be eligible 

23 for inclusion in such system pursuant to section 5(d) 

24 of such Act (16 U.S.C. 1276(d)). 


pwalker on DSK5TPTVN1PROD with BILLS
42 

•HR 3446 IH

1 (4) Any area identified in the set of inventoried 

2 roadless areas maps contained in the Forest Service 

3 Roadless Area Conservation Final Environmental 

4 Impact Statement, Volume 2, dated November 2000. 

5 (c) EXISTING AUTHORITY NOT AFFECTED.—Noth6 ing in this title limits the authority granted the Secretary 

7 in section 204 of the Federal Land Policy and Manage8 ment Act of 1976 (43 U.S.C. 1714) to withdraw public 

9 lands. 

10 SEC. 522. WITHDRAWAL PETITIONS BY STATES, POLITICAL 

11 SUBDIVISIONS, AND INDIAN TRIBES. 

12 (a) IN GENERAL.—Subject to valid existing rights, 

13 any State or political subdivision of a State or an Indian 

14 tribe may submit a petition to the Secretary for the with15 drawal of a specific tract of Federal land from the oper16 ation of the general mining laws, in order to protect spe17 cific values identified in the petition that are important 

18 to the State or political subdivision or Indian tribe. Such 

19 values may include the value of a watershed to supply 

20 drinking water, wildlife habitat value, cultural or historic 

21 resources, or value for scenic vistas important to the local 

22 economy, and other similar values. In the case of an In23 dian tribe, the petition may also identify religious or cul24 tural values that are important to the Indian tribe. The 

25 petition shall contain the information required by section 


pwalker on DSK5TPTVN1PROD with BILLS
43 

•HR 3446 IH

1 204 of the Federal Land Policy and Management Act of 

2 1976 (43 U.S.C. 1714). 

3 (b) CONSIDERATION OF PETITION.—The Secretary— 

4 (1) shall solicit public comment on the petition; 

5 (2) shall make a final decision on the petition 

6 within 180 days after receiving it; and 

7 (3) shall grant the petition subject to valid ex8 isting rights, unless the Secretary makes and pub9 lishes in the Federal Register specific findings why 

10 a decision to grant the petition would be against the 

11 national interest. 

12 Subtitle C—Environmental Consid13 erations of Mineral Exploration 

14 and Development 

15 SEC. 531. GENERAL STANDARD FOR HARDROCK MINING ON 

16 FEDERAL LAND. 

17 Notwithstanding section 302(b) of the Federal Land 

18 Policy and Management Act of 1976 (43 U.S.C. 1732(b)), 

19 the first section of the Act of June 4, 1897 (chapter 2; 

20 30 Stat. 36 16 U.S.C. 478), and the National Forest Man21 agement Act of 1976 (16 U.S.C. 1600 et seq.), and in 

22 accordance with this subtitle and applicable law, unless ex23 pressly stated otherwise in this title, the Secretary— 

24 (1) shall ensure that mineral activities on any 

25 Federal land that is subject to a mining claim, millVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
44 

•HR 3446 IH

1 site claim, or tunnel site claim is carefully controlled 

2 to prevent undue degradation of public lands and re3 sources; and 

4 (2) shall not grant permission to engage in min5 eral activities if the Secretary, after considering the 

6 evidence, determines that undue degradation would 

7 result from such activities. 

8 SEC. 532. PERMITS. 

9 (a) PERMITS REQUIRED.—No person may engage in 

10 mineral activities on Federal land that may cause a dis11 turbance of surface resources, including land, air, ground 

12 water and surface water, and fish and wildlife, unless— 

13 (1) the claim was properly located under the 

14 general mining laws and maintained in compliance 

15 with such laws and this title; and 

16 (2) a permit was issued to such person under 

17 this subtitle authorizing such activities. 

18 (b) NEGLIGIBLE DISTURBANCE.—Notwithstanding 

19 subsection (a)(2), a permit under this subtitle shall not 

20 be required for mineral activities that are a casual use of 

21 the Federal land. 

22 (c) COORDINATION WITH NEPA PROCESS.—The 

23 Secretary and the Secretary of Agriculture shall conduct 

24 the permit processes under this title in coordination with 

25 the timing and other requirements under section 102 of 


pwalker on DSK5TPTVN1PROD with BILLS
45 

•HR 3446 IH

1 the National Environmental Policy Act of 1969 (42 U.S.C. 

2 4332). 

3 SEC. 533. EXPLORATION PERMIT. 

4 (a) AUTHORIZED EXPLORATION ACTIVITY.—Any 

5 claim holder may apply for an exploration permit for any 

6 mining claim authorizing the claim holder to remove a rea7 sonable amount of the locatable minerals from the claim 

8 for analysis, study and testing. Such permit shall not au9 thorize the claim holder to remove any mineral for sale 

10 nor to conduct any activities other than those required for 

11 exploration for locatable minerals and reclamation. 

12 (b) PERMIT APPLICATION REQUIREMENTS.—An ap13 plication for an exploration permit under this section shall 

14 be submitted in a manner satisfactory to the Secretary 

15 or, for National Forest System lands, the Secretary of Ag16 riculture, and shall contain an exploration plan, a reclama17 tion plan for the proposed exploration, and such docu18 mentation as necessary to ensure compliance with applica19 ble Federal and State environmental laws and regulations. 

20 (c) RECLAMATION PLAN REQUIREMENTS.—The rec21 lamation plan required to be included in a permit applica22 tion under subsection (b) shall include such provisions as 

23 may be jointly prescribed by the Secretary and the Sec24 retary of Agriculture. 


pwalker on DSK5TPTVN1PROD with BILLS
46 

•HR 3446 IH

1 (d) PERMIT ISSUANCE OR DENIAL.—The Secretary, 

2 or for National Forest System lands, the Secretary of Ag3 riculture, shall issue an exploration permit pursuant to an 

4 application under this section unless such Secretary makes 

5 any of the following determinations: 

6 (1) The permit application, the exploration plan 

7 and reclamation plan are not complete and accurate. 

8 (2) The applicant has not demonstrated that 

9 proposed reclamation can be accomplished. 

10 (3) The proposed exploration activities and con11 dition of the land after the completion of exploration 

12 activities and final reclamation would not conform 

13 with the land use plan applicable to the area subject 

14 to mineral activities. 

15 (4) The area subject to the proposed permit is 

16 included within an area not open to location under 

17 section 521. 

18 (5) The applicant has not demonstrated that 

19 the exploration plan and reclamation plan will be in 

20 compliance with the requirements of this title and all 

21 other applicable Federal requirements, and any 

22 State requirements agreed to by the Secretary of the 

23 Interior (or Secretary of Agriculture, as appro24 priate). 


pwalker on DSK5TPTVN1PROD with BILLS
47 

•HR 3446 IH

1 (6) The applicant has not demonstrated that 

2 the requirements of section 536 (relating to financial 

3 assurance) will be met. 

4 (7) The applicant is ineligible to receive a per5 mit as determined under section 535. 

6 (e) TERM OF PERMIT.—An exploration permit shall 

7 be for a stated term. The term shall be no greater than 

8 that necessary to accomplish the proposed exploration, 

9 and in no case for more than 10 years. 

10 (f) PERMIT MODIFICATION.—During the term of an 

11 exploration permit, the permit holder may submit an ap12 plication to modify the permit. To approve a proposed 

13 modification to the permit, the Secretary concerned shall 

14 make the same determinations as are required in the case 

15 of an original permit, except that the Secretary and the 

16 Secretary of Agriculture may specify by joint rule the ex17 tent to which requirements for initial exploration permits 

18 under this section shall apply to applications to modify 

19 an exploration permit based on whether such modifications 

20 are deemed significant or minor. 

21 (g) TRANSFER, ASSIGNMENT, OR SALE OF

22 RIGHTS.— 

23 (1) No transfer, assignment, or sale of rights 

24 granted by a permit issued under this section shall 

25 be made without the prior written approval of the 


pwalker on DSK5TPTVN1PROD with BILLS
48 

•HR 3446 IH

1 Secretary or for National Forest System lands, the 

2 Secretary of Agriculture. 

3 (2) Such Secretary shall allow a person holding 

4 a permit to transfer, assign, or sell rights under the 

5 permit to a successor, if the Secretary finds, in writ6 ing, that the successor— 

7 (A) is eligible to receive a permit in ac8 cordance with section 534(d); 

9 (B) has submitted evidence of financial as10 surance satisfactory under section 536; and 

11 (C) meets any other requirements specified 

12 by the Secretary. 

13 (3) The successor in interest shall assume the 

14 liability and reclamation responsibilities established 

15 by the existing permit and shall conduct the mineral 

16 activities in full compliance with this title, and the 

17 terms and conditions of the permit as in effect at 

18 the time of transfer, assignment, or sale. 

19 (4) Each application for approval of a permit 

20 transfer, assignment, or sale pursuant to this sub21 section shall be accompanied by a fee payable to the 

22 Secretary of the Interior in such amount as may be 

23 established by such Secretary. Such amount shall be 

24 equal to the actual or anticipated cost to the Sec25 retary or the Secretary of Agriculture, as approVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
49 

•HR 3446 IH

1 priate, of reviewing and approving or disapproving 

2 such transfer, assignment, or sale, as determined by 

3 the Secretary of the Interior. 

4 SEC. 534. OPERATIONS PERMIT. 

5 (a) OPERATIONS PERMIT.— 

6 (1) Any claim holder that is in compliance with 

7 the general mining laws and section 513 of this title 

8 may apply to the Secretary, or for National Forest 

9 System lands, the Secretary of Agriculture, for an 

10 operations permit authorizing the claim holder to 

11 carry out mineral activities, other than casual use, 

12 on— 

13 (A) any valid mining claim, valid millsite 

14 claim, or valid tunnel site claim; and 

15 (B) such additional Federal land as the 

16 Secretary may determine is necessary to con17 duct the proposed mineral activities, if the oper18 ator obtains a right-of-way permit for use of 

19 such additional lands under title V of the Fed20 eral Land Policy and Management Act of 1976 

21 (43 U.S.C. 1761 et seq.) and agrees to pay all 

22 fees required under that title for the permit 

23 under that title. 


pwalker on DSK5TPTVN1PROD with BILLS
50 

•HR 3446 IH

1 (2) If the Secretary decides to issue such permit, the 

2 permit shall include such terms and conditions as pre3 scribed by such Secretary to carry out this subtitle. 

4 (b) PERMIT APPLICATION REQUIREMENTS.—An ap5 plication for an operations permit under this section shall 

6 be submitted in a manner satisfactory to the Secretary 

7 concerned and shall contain site characterization data, an 

8 operations plan, a reclamation plan, monitoring plans, 

9 long-term maintenance plans, to the extent necessary, and 

10 such documentation as necessary to ensure compliance 

11 with applicable Federal and State environmental laws and 

12 regulations. If the proposed mineral activities will be car13 ried out in conjunction with mineral activities on adjacent 

14 non-Federal lands, information on the location and nature 

15 of such operations may be required by the Secretary. 

16 (c) PERMIT ISSUANCE OR DENIAL.— 

17 (1) After providing for public participation pur18 suant to subsection (i), the Secretary, or for Na19 tional Forest System lands the Secretary of Agri20 culture, shall issue an operations permit if such Sec21 retary makes each of the following determinations in 

22 writing, and shall deny a permit if such Secretary 

23 finds that the application and applicant do not fully 

24 meet the following requirements: 


pwalker on DSK5TPTVN1PROD with BILLS
51 

•HR 3446 IH

1 (A) The permit application, including the 

2 site characterization data, operations plan, and 

3 reclamation plan, are complete and accurate 

4 and sufficient for developing a good under5 standing of the anticipated impacts of the min6 eral activities and the effectiveness of proposed 

7 mitigation and control. 

8 (B) The applicant has demonstrated that 

9 the proposed reclamation in the operation and 

10 reclamation plan can be and is likely to be ac11 complished by the applicant and will not cause 

12 undue degradation. 

13 (C) The condition of the land, including 

14 the fish and wildlife resources and habitat con15 tained thereon, after the completion of mineral 

16 activities and final reclamation, will conform to 

17 the land use plan applicable to the area subject 

18 to mineral activities and are returned to a pro19 ductive use. 

20 (D) The area subject to the proposed plan 

21 is open to location for the types of mineral ac22 tivities proposed. 

23 (E) The proposed operation has been de24 signed to prevent material damage to the hy25 drologic balance. 


pwalker on DSK5TPTVN1PROD with BILLS
52 

•HR 3446 IH

1 (F) The applicant will fully comply with 

2 the requirements of section 536 (relating to fi3 nancial assurance) prior to the initiation of op4 erations. 

5 (G) Neither the applicant nor operator, nor 

6 any subsidiary, affiliate, or person controlled by 

7 or under common control with the applicant or 

8 operator, is ineligible to receive a permit under 

9 section 535. 

10 (H) The reclamation plan demonstrates 

11 that 10 years following mine closure, no treat12 ment of surface or ground water will be re13 quired to meet water quality standards at the 

14 point of discharge. 

15 (2) With respect to any activities specified in 

16 the reclamation plan referred to in subsection (b) 

17 that constitutes a removal or remedial action under 

18 section 101 of the Comprehensive Environmental 

19 Response, Compensation, and Liability Act of 1980 

20 (42 U.S.C. 9601 et seq.), the Secretary shall consult 

21 with the Administrator of the Environmental Protec22 tion Agency prior to the issuance of an operations 

23 permit. The Administrator shall ensure that the rec24 lamation plan does not require activities that would 

25 increase the costs or likelihood of removal or remeVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
53 

•HR 3446 IH

1 dial actions under the Comprehensive Environmental 

2 Response, Compensation, and Liability Act of 1980 

3 (42 U.S.C. 9601 et seq.) or corrective actions under 

4 the Solid Waste Disposal Act (42 U.S.C. 6901 et 

5 seq.). 

6 (d) TERM OF PERMIT; RENEWAL.— 

7 (1) An operations permit— 

8 (A) shall be for a term that is no longer 

9 than the shorter of— 

10 (i) the period necessary to accomplish 

11 the proposed mineral activities subject to 

12 the permit; and 

13 (ii) 20 years; and 

14 (B) shall be renewed for an additional 20- 

15 year period if the operation is in compliance 

16 with the requirements of this title and other ap17 plicable law. 

18 (2) Failure by the operator to commence min19 eral activities within 2 years of the date scheduled 

20 in an operations permit shall require a modification 

21 of the permit if the Secretary concerned determines 

22 that modifications are necessary to comply with sec23 tion 521. 

24 (e) PERMIT MODIFICATION.— 


pwalker on DSK5TPTVN1PROD with BILLS
54 

•HR 3446 IH

1 (1) During the term of an operations permit 

2 the operator may submit an application to modify 

3 the permit (including the operations plan or rec4 lamation plan, or both). 

5 (2) The Secretary, or for National Forest Sys6 tem lands the Secretary of Agriculture, may, at any 

7 time, require reasonable modification to any oper8 ations plan or reclamation plan upon a determina9 tion that the requirements of this title cannot be met 

10 if the plan is followed as approved. Such determina11 tion shall be based on a written finding and subject 

12 to public notice and hearing requirements estab13 lished by the Secretary concerned. 

14 (3) A permit modification is required before 

15 changes are made to the approved plan of oper16 ations, or if unanticipated events or conditions exist 

17 on the mine site, including in the case of— 

18 (A) development of acid or toxic drainage; 

19 (B) loss of springs or water supplies; 

20 (C) water quantity, water quality, or other 

21 resulting water impacts that are significantly 

22 different than those predicted in the applica23 tion; 

24 (D) the need for long-term water treat25 ment; 


pwalker on DSK5TPTVN1PROD with BILLS
55 

•HR 3446 IH

1 (E) significant reclamation difficulties or 

2 reclamation failure; 

3 (F) the discovery of significant scientific, 

4 cultural, or biological resources that were not 

5 addressed in the original plan; or 

6 (G) the discovery of hazards to public safe7 ty. 

8 (f) TEMPORARY CESSATION OF OPERATIONS.— 

9 (1) An operator conducting mineral activities 

10 under an operations permit in effect under this sub11 title may not temporarily cease mineral activities for 

12 a period greater than 180 days unless the Secretary 

13 concerned has approved such temporary cessation or 

14 unless the temporary cessation is permitted under 

15 the original permit. Any operator temporarily ceas16 ing mineral activities for a period greater than 90 

17 days under an operations permit issued before the 

18 date of the enactment of this Act shall submit, be19 fore the expiration of such 90-day period, a complete 

20 application for temporary cessation of operations to 

21 the Secretary concerned for approval unless the tem22 porary cessation is permitted under the original per23 mit. 

24 (2) An application for approval of temporary 

25 cessation of operations shall include such informaVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
56 

•HR 3446 IH

1 tion required under subsection (b) and any other 

2 provisions prescribed by the Secretary concerned to 

3 minimize impacts on the environment. After receipt 

4 of a complete application for temporary cessation of 

5 operations such Secretary shall conduct an inspec6 tion of the area for which temporary cessation of op7 erations has been requested. 

8 (3) To approve an application for temporary 

9 cessation of operations, the Secretary concerned 

10 shall make each of the following determinations: 

11 (A) A determination that the methods for 

12 securing surface facilities and restricting access 

13 to the permit area, or relevant portions thereof, 

14 will effectively ensure against hazards to the 

15 health and safety of the public and fish and 

16 wildlife. 

17 (B) A determination that reclamation is in 

18 compliance with the approved reclamation plan, 

19 except in those areas specifically designated in 

20 the application for temporary cessation of oper21 ations for which a delay in meeting such stand22 ards is necessary to facilitate the resumption of 

23 operations. 

24 (C) A determination that the amount of fi25 nancial assurance filed with the permit applicaVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
57 

•HR 3446 IH

1 tion is sufficient to assure completion of the 

2 reclamation activities identified in the approved 

3 reclamation plan in the event of forfeiture. 

4 (D) A determination that any outstanding 

5 notices of violation and cessation orders in6 curred in connection with the plan for which 

7 temporary cessation is being requested are ei8 ther stayed pursuant to an administrative or ju9 dicial appeal proceeding or are in the process of 

10 being abated to the satisfaction of the Secretary 

11 concerned. 

12 (g) PERMIT REVIEWS.—The Secretary, or for Na13 tional Forest System lands the Secretary of Agriculture, 

14 shall review each permit issued under this section every 

15 10 years during the term of such permit, shall provide 

16 public notice of the permit review, and, based upon a writ17 ten finding, such Secretary shall require the operator to 

18 take such actions as the Secretary deems necessary to as19 sure that mineral activities conform to the permit, includ20 ing adjustment of financial assurance requirements. 

21 (h) TRANSFER, ASSIGNMENT, OR SALE OF

22 RIGHTS.— 

23 (1) No transfer, assignment, or sale of rights 

24 granted by a permit under this section shall be made 

25 without the prior written approval of the Secretary, 


pwalker on DSK5TPTVN1PROD with BILLS
58 

•HR 3446 IH

1 or for National Forest System lands the Secretary 

2 of Agriculture. 

3 (2) The Secretary, or for National Forest Sys4 tem lands, the Secretary of Agriculture, may allow 

5 a person holding a permit to transfer, assign, or sell 

6 rights under the permit to a successor, if such Sec7 retary finds, in writing, that the successor— 

8 (A) has submitted information required 

9 and is eligible to receive a permit in accordance 

10 with section 535; 

11 (B) has submitted evidence of financial as12 surance satisfactory under section 536; and 

13 (C) meets any other requirements specified 

14 by such Secretary. 

15 (3) The successor in interest shall assume rec16 lamation and other responsibilities established by the 

17 existing permit and shall conduct the mineral activi18 ties in full compliance with this title, and the terms 

19 and conditions of the permit as in effect at the time 

20 of transfer, assignment, or sale. 

21 (4) Each application for approval of a permit 

22 transfer, assignment, or sale pursuant to this sub23 section shall be accompanied by a fee payable to the 

24 Secretary of the Interior, or for National Forest 

25 System lands, the Secretary of Agriculture, in such 


pwalker on DSK5TPTVN1PROD with BILLS
59 

•HR 3446 IH

1 amount as may be established by such Secretary, or 

2 for National Forest System lands, by the Secretary 

3 of Agriculture. Such amount shall be equal to the 

4 actual or anticipated cost to the Secretary or, for 

5 National Forest System lands, to the Secretary of 

6 Agriculture, of reviewing and approving or dis7 approving such transfer, assignment, or sale, as de8 termined by such Secretary. 

9 (i) PUBLIC PARTICIPATION.—The Secretary of the 

10 Interior and the Secretary of Agriculture shall jointly pro11 mulgate regulations to ensure transparency and public 

12 participation in permit decisions required under this title, 

13 consistent with any requirements that apply to such deci14 sions under section 102 of the National Environmental 

15 Policy Act of 1969 (42 U.S.C. 4332). 

16 SEC. 535. PERSONS INELIGIBLE FOR PERMITS. 

17 (a) CURRENT VIOLATIONS.—Unless corrective action 

18 has been taken in accordance with subsection (c), no per19 mit under this subtitle shall be issued or transferred to 

20 an applicant if the applicant or any agent of the applicant, 

21 the operator (if different than the applicant) of the claim 

22 concerned, any claim holder (if different than the appli23 cant) of the claim concerned, or any affiliate or officer 

24 or director of the applicant is currently in violation of any 

25 of the following: 


pwalker on DSK5TPTVN1PROD with BILLS
60 

•HR 3446 IH

1 (1) A provision of this title or any regulation 

2 under this title. 

3 (2) An applicable State or Federal toxic sub4 stance, solid waste, air, water quality, or fish and 

5 wildlife conservation law or regulation at any site 

6 where mining, beneficiation, or processing activities 

7 are occurring or have occurred. 

8 (3) The Surface Mining Control and Reclama9 tion Act of 1977 (30 U.S.C. 1201 et seq.) or any 

10 regulation implementing that Act at any site where 

11 surface coal mining operations have occurred or are 

12 occurring. 

13 (b) SUSPENSION.—The Secretary, or for National 

14 Forest System lands the Secretary of Agriculture, shall 

15 suspend an operations permit, in whole or in part, if such 

16 Secretary determines that any of the entities described in 

17 subsection (a) were in violation of any requirement listed 

18 in subsection (a) at the time the permit was issued. 

19 (c) CORRECTION.— 

20 (1) The Secretary, or for National Forest Sys21 tem lands the Secretary of Agriculture, may issue or 

22 reinstate a permit under this subtitle if the applicant 

23 submits proof that the violation referred to in sub24 section (a) or (b) has been corrected or is in the 

25 process of being corrected to the satisfaction of such 


pwalker on DSK5TPTVN1PROD with BILLS
61 

•HR 3446 IH

1 Secretary and the regulatory authority involved or if 

2 the applicant submits proof that the violator has 

3 filed and is presently pursuing, a direct administra4 tive or judicial appeal to contest the existence of the 

5 violation. For purposes of this section, an appeal of 

6 any applicant’s relationship to an affiliate shall not 

7 constitute a direct administrative or judicial appeal 

8 to contest the existence of the violation. 

9 (2) Any permit which is issued or reinstated 

10 based upon proof submitted under this subsection 

11 shall be conditionally approved or conditionally rein12 stated, as the case may be. If the violation is not 

13 successfully abated or the violation is upheld on ap14 peal, the permit shall be suspended or revoked. 

15 (d) PATTERN OF WILLFUL VIOLATIONS.—No permit 

16 under this title may be issued to any applicant if there 

17 is a demonstrated pattern of willful violations of the envi18 ronmental protection requirements of this title by the ap19 plicant, any affiliate of the applicant, or the operator or 

20 claim holder if different than the applicant. 

21 SEC. 536. FINANCIAL ASSURANCE. 

22 (a) FINANCIAL ASSURANCE REQUIRED.— 

23 (1) Subject to public notice and comment, and 

24 after a permit is issued under this subtitle and be25 fore any exploration or operations begin under the 


pwalker on DSK5TPTVN1PROD with BILLS
62 

•HR 3446 IH

1 permit, the operator shall file with the Secretary, or 

2 for National Forest System lands the Secretary of 

3 Agriculture, evidence of financial assurance payable 

4 to the United States. The financial assurance shall 

5 be provided in the form of a surety bond, a trust 

6 fund, letters of credits, government securities, cer7 tificates of deposit, cash, or an equivalent form ap8 proved by such Secretary. 

9 (2) The financial assurance shall cover all lands 

10 within the initial permit area and all affected waters 

11 that may require restoration, treatment, or other 

12 management as a result of mineral activities, and 

13 shall be extended to cover all lands and waters 

14 added pursuant to any permit modification made 

15 under section 533(f) (relating to exploration per16 mits) or section 534(e) (relating to operations per17 mits), or affected by mineral activities. 

18 (b) AMOUNT.—The amount of the financial assur19 ance required under this section shall be sufficient to as20 sure the completion of reclamation and restoration satis21 fying the requirements of this title if the work were to 

22 be performed by the Secretary concerned in the event of 

23 forfeiture, including the construction and maintenance 

24 costs for any treatment facilities necessary to meet Fed25 eral and State environmental requirements. The calculaVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
63 

•HR 3446 IH

1 tion of such amount shall take into account the maximum 

2 level of financial exposure which shall arise during the 

3 mineral activity and administrative costs associated with 

4 a government agency reclaiming the site. 

5 (c) DURATION.—The financial assurance required 

6 under this section shall be held for the duration of the 

7 mineral activities and for an additional period to cover the 

8 operator’s responsibility for reclamation, restoration, and 

9 long-term maintenance, and effluent treatment as speci10 fied in subsection (g). 

11 (d) ADJUSTMENTS.—The amount of the financial as12 surance and the terms of the acceptance of the assurance 

13 may be adjusted by the Secretary concerned from time to 

14 time as the area requiring coverage is increased or de15 creased, or where the costs of reclamation or treatment 

16 change, or pursuant to section 534(f) (relating to tem17 porary cessation of operations), but the financial assur18 ance shall otherwise be in compliance with this section. 

19 The Secretary concerned shall review the financial guar20 antee every 3 years and as part of the permit application 

21 review under section 534(c). 

22 (e) RELEASE.—Upon request, and after notice and 

23 opportunity for public comment, and after inspection by 

24 the Secretary, or for National Forest System lands, the 

25 Secretary of Agriculture, such Secretary may, after conVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
64 

•HR 3446 IH

1 sultation with the Administrator of the Environmental 

2 Protection Agency, release in whole or in part the financial 

3 assurance required under this section if the Secretary 

4 makes both of the following determinations: 

5 (1) A determination that reclamation or res6 toration covered by the financial assurance has been 

7 accomplished as required by this title. 

8 (2) A determination that the terms and condi9 tions of any other applicable Federal requirements, 

10 and State requirements applicable pursuant to coop11 erative agreements under section 538, have been ful12 filled. 

13 (f) RELEASE SCHEDULE.—The release referred to in 

14 subsection (e) shall be according to the following schedule: 

15 (1) After the operator has completed any re16 quired backfilling, regrading, and drainage control of 

17 an area subject to mineral activities and covered by 

18 the financial assurance, and has commenced revege19 tation on the regraded areas subject to mineral ac20 tivities in accordance with the approved plan, that 

21 portion of the total financial assurance secured for 

22 the area subject to mineral activities attributable to 

23 the completed activities may be released except that 

24 sufficient assurance must be retained to address 

25 other required reclamation and restoration needs 


pwalker on DSK5TPTVN1PROD with BILLS
65 

•HR 3446 IH

1 and to assure the long-term success of the revegeta2 tion. 

3 (2) After the operator has completed success4 fully all remaining mineral activities and reclamation 

5 activities and all requirements of the operations plan 

6 and the reclamation plan, and all other requirements 

7 of this title have been fully met, including the re8 quirements of subsection (g) of this section, the re9 maining portion of the financial assurance may be 

10 released. 

11 During the period following release of the financial assur12 ance as specified in paragraph (1), until the remaining 

13 portion of the financial assurance is released as provided 

14 in paragraph (2), the operator shall be required to comply 

15 with the permit issued under this subtitle. 

16 (g) EFFLUENT.—Notwithstanding section 537(b)(4), 

17 where any discharge or other water-related condition re18 sulting from the mineral activities requires treatment in 

19 order to meet the applicable effluent limitations and water 

20 quality standards, the financial assurance shall include the 

21 estimated cost of maintaining such treatment for the pro22 jected period that will be needed after the cessation of 

23 mineral activities. The portion of the financial assurance 

24 attributable to such estimated cost of treatment shall not 

25 be released until the discharge has ceased for a period of 


pwalker on DSK5TPTVN1PROD with BILLS
66 

•HR 3446 IH

1 5 years, as determined by ongoing monitoring and testing, 

2 or, if the discharge continues, until the operator has met 

3 all applicable effluent limitations and water quality stand4 ards for 5 full years without treatment. 

5 (h) ENVIRONMENTAL HAZARDS.—If the Secretary, 

6 or for National Forest System lands, the Secretary of Ag7 riculture, determines, after final release of financial assur8 ance, that an environmental hazard resulting from the 

9 mineral activities exists, or the terms and conditions of 

10 the explorations or operations permit of this title were not 

11 fulfilled in fact at the time of release, such Secretary shall 

12 issue an order under section 556 requiring the claim hold13 er or operator (or any person who controls the claim hold14 er or operator) to correct the condition such that applica15 ble laws and regulations and any conditions from the plan 

16 of operations are met. 

17 SEC. 537. OPERATION AND RECLAMATION. 

18 (a) GENERAL RULE.— 

19 (1) The operator shall restore lands subject to 

20 mineral activities carried out under a permit issued 

21 under this subtitle to a condition capable of sup22 porting— 

23 (A) the uses which such lands were capable 

24 of supporting prior to surface disturbance by 

25 the operator, or 


pwalker on DSK5TPTVN1PROD with BILLS
67 

•HR 3446 IH

1 (B) other beneficial uses which conform to 

2 applicable land use plans as determined by the 

3 Secretary, or for National Forest System lands, 

4 the Secretary of Agriculture. 

5 (2) Reclamation shall proceed as contempora6 neously as practicable with the conduct of mineral 

7 activities. In the case of a cessation of mineral ac8 tivities beyond that provided for as a temporary ces9 sation under this title, reclamation activities shall 

10 begin immediately. 

11 (b) OPERATION AND RECLAMATION STANDARDS.— 

12 The Secretary of the Interior and the Secretary of Agri13 culture shall jointly promulgate regulations that establish 

14 operation and reclamation standards for mineral activities 

15 permitted under this title. The Secretaries may determine 

16 whether outcome-based performance standards or tech17 nology-based design standards are most appropriate. The 

18 regulations shall address the following: 

19 (1) Segregation, protection, and replacement of 

20 topsoil or other suitable growth medium, and the 

21 prevention, where possible, of soil contamination. 

22 (2) Maintenance of the stability of all surface 

23 areas. 

24 (3) Control of sediments to prevent erosion and 

25 manage drainage. 


pwalker on DSK5TPTVN1PROD with BILLS
68 

•HR 3446 IH

1 (4) Minimization of the formation and migra2 tion of acidic, alkaline, metal-bearing, or other dele3 terious leachate. 

4 (5) Reduction of the visual impact of mineral 

5 activities to the surrounding topography, including 

6 as necessary pit backfill. 

7 (6) Establishment of a diverse, effective, and 

8 permanent vegetative cover of the same seasonal va9 riety native to the area affected by mineral activities, 

10 and equal in extent of cover to the natural vegeta11 tion of the area. 

12 (7) Design and maintenance of leach oper13 ations, impoundments, and excess waste according to 

14 standard engineering standards to achieve and main15 tain stability and reclamation of the site. 

16 (8) Removal of structures and roads and seal17 ing of drill holes. 

18 (9) Restoration of, or mitigation for, fish and 

19 wildlife habitat disturbed by mineral activities. 

20 (10) Preservation of cultural, paleontological, 

21 and cave resources. 

22 (11) Prevention and suppression of fire in the 

23 area of mineral activities. 

24 (c) SURFACE OR GROUNDWATER WITHDRAWALS.— 

25 The Secretary shall work with State and local governVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
69 

•HR 3446 IH

1 ments with authority over the allocation and use of surface 

2 and groundwater in the area around the mine site as nec3 essary to ensure that any surface or groundwater with4 drawals made as a result of mining activities approved 

5 under this section do not cause undue degradation or re6 sults in material alteration of the hydrologic balance. 

7 (d) SPECIAL RULE.—Reclamation activities for a 

8 mining claim that has been forfeited, relinquished, or 

9 lapsed, or a plan that has expired or been revoked or sus10 pended, shall continue subject to review and approval by 

11 the Secretary, or for National Forest System lands the 

12 Secretary of Agriculture. 

13 SEC. 538. STATE LAW AND REGULATION. 

14 (a) STATE LAW.— 

15 (1) Any reclamation, land use, environmental, 

16 or public health protection standard or requirement 

17 in State, county, local, or tribal law or regulation 

18 that meets or exceeds the requirements of this title 

19 shall not be construed to be inconsistent with any 

20 such standard. 

21 (2) Any bonding standard or requirement in 

22 State, county, local, or tribal law or regulation that 

23 meets or exceeds the requirements of this title shall 

24 not be construed to be inconsistent with such re25 quirements. 


pwalker on DSK5TPTVN1PROD with BILLS
70 

•HR 3446 IH

1 (3) Any inspection standard or requirement in 

2 State, county, local, or tribal law or regulation that 

3 meets or exceeds the requirements of this title shall 

4 not be construed to be inconsistent with such re5 quirements. 

6 (b) APPLICABILITY OF OTHER STATE REQUIRE7 MENTS.— 

8 (1) Nothing in this title shall be construed as 

9 affecting any toxic substance, solid waste, or air or 

10 water quality, standard or requirement of any State, 

11 county, local, or tribal law or regulation, which may 

12 be applicable to mineral activities on lands subject to 

13 this title. 

14 (2) Nothing in this title shall be construed as 

15 affecting in any way the right of any person to en16 force or protect, under applicable law, such person’s 

17 interest in water resources affected by mineral ac18 tivities on lands subject to this title. 

19 (c) COOPERATIVE AGREEMENTS.— 

20 (1) Any State may enter into a cooperative 

21 agreement with the Secretary, or for National For22 est System lands the Secretary of Agriculture, for 

23 the purposes of such Secretary applying such stand24 ards and requirements referred to in subsection (a) 


pwalker on DSK5TPTVN1PROD with BILLS
71 

•HR 3446 IH

1 and subsection (b) to mineral activities or reclama2 tion on lands subject to this title. 

3 (2) In such instances where the proposed min4 eral activities would affect lands not subject to this 

5 title in addition to lands subject to this title, in 

6 order to approve a plan of operations the Secretary 

7 concerned shall enter into a cooperative agreement 

8 with the State that sets forth a common regulatory 

9 framework consistent with the requirements of this 

10 title for the purposes of such plan of operations. Any 

11 such common regulatory framework shall not negate 

12 the authority of the Federal Government to inde13 pendently inspect mines and operations and bring 

14 enforcement actions for violations. 

15 (3) The Secretary concerned shall not enter 

16 into a cooperative agreement with any State under 

17 this section until after notice in the Federal Register 

18 and opportunity for public comment and hearing. 

19 (d) PRIOR AGREEMENTS.—Any cooperative agree20 ment or such other understanding between the Secretary 

21 concerned and any State, or political subdivision thereof, 

22 relating to the management of mineral activities on lands 

23 subject to this title that was in existence on the date of 

24 enactment of this Act may only continue in force until 1 

25 year after the date of enactment of this Act. During such 


pwalker on DSK5TPTVN1PROD with BILLS
72 

•HR 3446 IH

1 1-year period, the State and the Secretary shall review the 

2 terms of the agreement and make changes that are nec3 essary to be consistent with this title. 

4 SEC. 539. LIMITATION ON THE ISSUANCE OF PERMITS. 

5 No permit shall be issued under this subtitle that au6 thorizes mineral activities that would impair the land or 

7 resources of a National Park or a National Monument. 

8 For purposes of this section, the term ‘‘impair’’ shall in9 clude any diminution of the affected land including wild10 life, scenic assets, water resources, air quality, and acous11 tic qualities, or other changes that would impair a citizen’s 

12 experience at the National Park or National Monument. 

13 Subtitle D—Administrative and 

14 Miscellaneous Provisions 

15 SEC. 541. POLICY FUNCTIONS. 

16 (a) MINERALS POLICY.—Section 101 of the Mining 

17 and Minerals Policy Act of 1970 (30 U.S.C. 21a) is 

18 amended— 

19 (1) in the first sentence by inserting before the 

20 period at the end the following: ‘‘and to ensure that 

21 mineral extraction and processing not cause undue 

22 degradation of the natural and cultural resources of 

23 the public lands’’; and 

24 (2) by adding at the end thereof the following: 

25 ‘‘It shall also be the responsibility of the Secretary 


pwalker on DSK5TPTVN1PROD with BILLS
73 

•HR 3446 IH

1 of Agriculture to carry out the policy provisions of 

2 paragraphs (1) and (2) of this section.’’. 

3 (b) MINERAL DATA.—Section 5(e)(3) of the National 

4 Materials and Minerals Policy, Research and Development 

5 Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by insert6 ing before the period the following: ‘‘, except that for Na7 tional Forest System lands the Secretary of Agriculture 

8 shall promptly initiate actions to improve the availability 

9 and analysis of mineral data in public land use decision10 making’’. 

11 SEC. 542. USER FEES. 

12 (a) IN GENERAL.—The Secretary and the Secretary 

13 of Agriculture may each establish and collect from persons 

14 subject to the requirements of this title such user fees as 

15 may be necessary to reimburse the United States for ex16 penses incurred in administering such requirements. Fees 

17 may be assessed and collected under this section only in 

18 such manner as may reasonably be expected to result in 

19 an aggregate amount of the fees collected during any fiscal 

20 year which does not exceed the aggregate amount of ad21 ministrative expenses referred to in this section. 

22 (b) ADJUSTMENT.— 

23 (1) The Secretary shall adjust the fees required 

24 by this section to reflect changes in the Consumer 

25 Price Index published by the Bureau of Labor StaVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
74 

•HR 3446 IH

1 tistics of the Department of Labor every 5 years 

2 after the date of enactment of this Act, or more fre3 quently if the Secretary determines an adjustment to 

4 be reasonable. 

5 (2) The Secretary shall provide claimants notice 

6 of any adjustment made under this subsection not 

7 later than July 1 of any year in which the adjust8 ment is made. 

9 (3) A fee adjustment under this subsection shall 

10 begin to apply the calendar year following the cal11 endar year in which it is made. 

12 SEC. 543. INSPECTION AND MONITORING. 

13 (a) INSPECTIONS.— 

14 (1) The Secretary, or for National Forest Sys15 tem lands the Secretary of Agriculture, shall make 

16 inspections of mineral activities so as to ensure com17 pliance with the requirements of this title. 

18 (2) The Secretary concerned shall establish a 

19 frequency of inspections for mineral activities con20 ducted under a permit issued under subtitle C, but 

21 in no event shall such inspection frequency be less 

22 than one complete inspection per calendar quarter 

23 or, two per calendar quarter in the case of a permit 

24 for which the Secretary concerned approves an appli25 cation under section 534(f) (relating to temporary 


pwalker on DSK5TPTVN1PROD with BILLS
75 

•HR 3446 IH

1 cessation of operations). After revegetation has been 

2 established in accordance with a reclamation plan, 

3 such Secretary shall conduct annually two complete 

4 inspections. Such Secretary shall have the discretion 

5 to modify the inspection frequency for mineral ac6 tivities that are conducted on a seasonal basis. In7 spections shall continue under this subsection until 

8 final release of financial assurance. 

9 (3)(A) Any person who has reason to believe he 

10 or she is or may be adversely affected by mineral ac11 tivities due to any violation of the requirements of 

12 a permit approved under this title may request an 

13 inspection. The Secretary, or for National Forest 

14 System lands the Secretary of Agriculture, shall de15 termine within 10 working days of receipt of the re16 quest whether the request states a reason to believe 

17 that a violation exists. If the person alleges and pro18 vides reason to believe that an imminent threat to 

19 the environment or danger to the health or safety of 

20 the public exists, the 10-day period shall be waived 

21 and the inspection shall be conducted immediately. 

22 The identity of the person supplying information to 

23 the Secretary relating to a possible violation or im24 minent danger or harm shall remain confidential 

25 with the Secretary if so requested by that person. 


pwalker on DSK5TPTVN1PROD with BILLS
76 

•HR 3446 IH

1 (B) The Secretaries shall, by joint rule, estab2 lish procedures for the review of (i) any decision by 

3 an authorized representative not to inspect; or (ii) 

4 any refusal by such representative to ensure that re5 medial actions are taken with respect to any alleged 

6 violation. The Secretary concerned shall furnish such 

7 persons requesting the review a written statement of 

8 the reasons for the Secretary’s final disposition of 

9 the case. 

10 (b) MONITORING.— 

11 (1) The Secretary, or for National Forest Sys12 tem lands the Secretary of Agriculture, shall require 

13 all operators to develop and maintain a monitoring 

14 and evaluation system that shall identify compliance 

15 with all requirements of a permit approved under 

16 this title. The Secretary concerned may require addi17 tional monitoring to be conducted as necessary to 

18 assure compliance with the reclamation and other 

19 environmental standards of this title. Such plan 

20 must be reviewed and approved by the Secretary and 

21 shall become a part of the explorations or operations 

22 permit. 

23 (2) The operator shall file reports with the Sec24 retary, or for National Forest System lands the Sec25 retary of Agriculture, on a frequency determined by 


pwalker on DSK5TPTVN1PROD with BILLS
77 

•HR 3446 IH

1 the Secretary concerned, on the results of the moni2 toring and evaluation process, except that if the 

3 monitoring and evaluation show a violation of the re4 quirements of a permit approved under this title, it 

5 shall be reported immediately to the Secretary con6 cerned. The Secretary shall evaluate the reports sub7 mitted pursuant to this paragraph, and based on 

8 those reports and any necessary inspection shall take 

9 enforcement action pursuant to this section. Such 

10 reports shall be maintained by the operator and by 

11 the Secretary and shall be made available to the 

12 public. 

13 (3) The Secretary, or for National Forest Sys14 tem lands the Secretary of Agriculture, shall deter15 mine what information shall be reported by the oper16 ator pursuant to paragraph (2). A failure to report 

17 as required by the Secretary concerned shall con18 stitute a violation of this title and subject the oper19 ator to enforcement action pursuant to section 556. 

20 SEC. 544. CITIZENS SUITS. 

21 (a) IN GENERAL.—Except as provided in subsection 

22 (b), any person may commence a civil action on his or 

23 her own behalf to compel compliance— 

24 (1) against any person (including the Secretary 

25 or the Secretary of Agriculture) who is alleged to be 


pwalker on DSK5TPTVN1PROD with BILLS
78 

•HR 3446 IH

1 in violation of any of the provisions of this title or 

2 any regulation promulgated pursuant to subtitle C 

3 of this title or any term or condition of any permit 

4 issued under subtitle C of this title; or 

5 (2) against the Secretary or the Secretary of 

6 Agriculture where there is alleged a failure of such 

7 Secretary to perform any act or duty under this 

8 title, or to promulgate any regulation under this 

9 title, which is not within the discretion of the Sec10 retary concerned. 

11 The United States district courts shall have jurisdiction 

12 over actions brought under this section, without regard to 

13 the amount in controversy or the citizenship of the parties, 

14 including actions brought to apply any civil penalty under 

15 this title. The district courts of the United States shall 

16 have jurisdiction to compel agency action unreasonably de17 layed, except that an action to compel agency action re18 viewable under section 555 may only be filed in a United 

19 States district court within the circuit in which such action 

20 would be reviewable under section 555. 

21 (b) EXCEPTIONS.— 

22 (1) No action may be commenced under sub23 section (a) before the end of the 60-day period be24 ginning on the date the plaintiff has given notice in 

25 writing of such alleged violation to the alleged violaVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
79 

•HR 3446 IH

1 tor and the Secretary, or for National Forest Sys2 tem lands the Secretary of Agriculture, except that 

3 any such action may be brought immediately after 

4 such notification if the violation complained of con5 stitutes an imminent threat to the environment or to 

6 the health or safety of the public. 

7 (2) No action may be brought against any per8 son other than the Secretary or the Secretary of Ag9 riculture under subsection (a)(1) if such Secretary 

10 has commenced and is diligently prosecuting a civil 

11 or criminal action in a court of the United States to 

12 require compliance. 

13 (3) No action may be commenced under para14 graph (2) of subsection (a) against either Secretary 

15 to review any rule promulgated by, or to any permit 

16 issued or denied by such Secretary if such rule or 

17 permit issuance or denial is judicially reviewable 

18 under section 555 or under any other provision of 

19 law at any time after such promulgation, issuance, 

20 or denial is final. 

21 (c) VENUE.—Venue of all actions brought under this 

22 section shall be determined in accordance with section 

23 1391 of title 28, United States Code. 

24 (d) COSTS.—The court, in issuing any final order in 

25 any action brought pursuant to this section may award 


pwalker on DSK5TPTVN1PROD with BILLS
80 

•HR 3446 IH

1 costs of litigation (including attorney and expert witness 

2 fees) to any prevailing or substantially prevailing party 

3 whenever the court determines such award is appropriate. 

4 The court may, if a temporary restraining order or pre5 liminary injunction is sought, require the filing of a bond 

6 or equivalent security in accordance with the Federal 

7 Rules of Civil Procedure. 

8 (e) SAVINGS CLAUSE.—Nothing in this section shall 

9 restrict any right which any person (or class of persons) 

10 may have under chapter 7 of title 5, United States Code, 

11 under this section, or under any other statute or common 

12 law to bring an action to seek any relief against the Sec13 retary or the Secretary of Agriculture or against any other 

14 person, including any action for any violation of this title 

15 or of any regulation or permit issued under this title or 

16 for any failure to act as required by law. Nothing in this 

17 section shall affect the jurisdiction of any court under any 

18 provision of title 28, United States Code, including any 

19 action for any violation of this title or of any regulation 

20 or permit issued under this title or for any failure to act 

21 as required by law. 

22 SEC. 545. ADMINISTRATIVE AND JUDICIAL REVIEW. 

23 (a) REVIEW BY SECRETARY.— 

24 (1)(A) Any person issued a notice of violation 

25 or cessation order under section 556, or any person 


pwalker on DSK5TPTVN1PROD with BILLS
81 

•HR 3446 IH

1 having an interest which is or may be adversely af2 fected by such notice or order, may apply to the Sec3 retary, or for National Forest System lands the Sec4 retary of Agriculture, for review of the notice or 

5 order within 30 days after receipt thereof, or as the 

6 case may be, within 30 days after such notice or 

7 order is modified, vacated, or terminated. 

8 (B) Any person who is subject to a penalty as9 sessed under section 556 may apply to the Secretary 

10 concerned for review of the assessment within 45 

11 days of notification of such penalty. 

12 (C) Any person may apply to such Secretary for 

13 review of the decision within 30 days after it is 

14 made. 

15 (D) Pending a review by the Secretary or reso16 lution of an administrative appeal, final decisions 

17 (except enforcement actions under section 556) shall 

18 be stayed. 

19 (2) The Secretary concerned shall provide an 

20 opportunity for a public hearing at the request of 

21 any party to the proceeding as specified in para22 graph (1). The filing of an application for review 

23 under this subsection shall not operate as a stay of 

24 any order or notice issued under section 556. 


pwalker on DSK5TPTVN1PROD with BILLS
82 

•HR 3446 IH

1 (3) For any review proceeding under this sub2 section, the Secretary concerned shall make findings 

3 of fact and shall issue a written decision incor4 porating therein an order vacating, affirming, modi5 fying, or terminating the notice, order, or decision, 

6 or with respect to an assessment, the amount of 

7 penalty that is warranted. Where the application for 

8 review concerns a cessation order issued under sec9 tion 556 the Secretary concerned shall issue the 

10 written decision within 30 days of the receipt of the 

11 application for review or within 30 days after the 

12 conclusion of any hearing referred to in paragraph 

13 (2), whichever is later, unless temporary relief has 

14 been granted by the Secretary concerned under 

15 paragraph (4). 

16 (4) Pending completion of any review pro17 ceedings under this subsection, the applicant may 

18 file with the Secretary, or for National Forest Sys19 tem lands the Secretary of Agriculture, a written re20 quest that the Secretary grant temporary relief from 

21 any order issued under section 556 together with a 

22 detailed statement giving reasons for such relief. 

23 The Secretary concerned shall expeditiously issue an 

24 order or decision granting or denying such relief. 

25 The Secretary concerned may grant such relief 


pwalker on DSK5TPTVN1PROD with BILLS
83 

•HR 3446 IH

1 under such conditions as he or she may prescribe 

2 only if such relief shall not adversely affect the 

3 health or safety of the public or cause imminent en4 vironmental harm to land, air, or water resources. 

5 (5) The availability of review under this sub6 section shall not be construed to limit the operation 

7 of rights under section 554 (relating to citizen 

8 suits). 

9 (b) JUDICIAL REVIEW.— 

10 (1) Any final action by the Secretaries of the 

11 Interior and Agriculture in promulgating regulations 

12 to implement this title, or any other final actions 

13 constituting rulemaking to implement this title, shall 

14 be subject to judicial review only in the United 

15 States Court of Appeals for the District of Colum16 bia. Any action subject to judicial review under this 

17 subsection shall be affirmed unless the court con18 cludes that such action is arbitrary, capricious, or 

19 otherwise inconsistent with law. A petition for review 

20 of any action subject to judicial review under this 

21 subsection shall be filed within 60 days from the 

22 date of such action, or after such date if the petition 

23 is based solely on grounds arising after the 60th 

24 day. Any such petition may be made by any person 

25 who commented or otherwise participated in the 


pwalker on DSK5TPTVN1PROD with BILLS
84 

•HR 3446 IH

1 rulemaking or any person who may be adversely af2 fected by the action of the Secretaries. 

3 (2) Final agency action under this subsection, 

4 including such final action on those matters de5 scribed under subsection (a), shall be subject to judi6 cial review in accordance with paragraph (4) and 

7 pursuant to section 1391 of title 28, United States 

8 Code, on or before 60 days from the date of such 

9 final action. Any action subject to judicial review 

10 under this subsection shall be affirmed unless the 

11 court concludes that such action is arbitrary, capri12 cious, or otherwise inconsistent with law. 

13 (3) The availability of judicial review estab14 lished in this subsection shall not be construed to 

15 limit the operations of rights under section 554 (re16 lating to citizens suits). 

17 (4) The court shall hear any petition or com18 plaint filed under this subsection solely on the record 

19 made before the Secretary or Secretaries concerned. 

20 The court may affirm or vacate any order or deci21 sion or may remand the proceedings to the Secretary 

22 or Secretaries for such further action as it may di23 rect. 

24 (5) The commencement of a proceeding under 

25 this section shall not, unless specifically ordered by 


pwalker on DSK5TPTVN1PROD with BILLS
85 

•HR 3446 IH

1 the court, operate as a stay of the action, order, or 

2 decision of the Secretary or Secretaries concerned. 

3 (c) COSTS.—Whenever a proceeding occurs under 

4 subsection (a) or (b), at the request of any person, a sum 

5 equal to the aggregate amount of all costs and expenses 

6 (including attorney fees) as determined by the Secretary 

7 or Secretaries concerned or the court to have been reason8 ably incurred by such person for or in connection with par9 ticipation in such proceedings, including any judicial re10 view of the proceeding, may be assessed against either 

11 party as the court, in the case of judicial review, or the 

12 Secretary or Secretaries concerned in the case of adminis13 trative proceedings, deems proper if it is determined that 

14 such party prevailed in whole or in part, achieving some 

15 success on the merits, and that such party made a sub16 stantial contribution to a full and fair determination of 

17 the issues. 

18 SEC. 546. ENFORCEMENT. 

19 (a) ORDERS.— 

20 (1) If the Secretary, or for National Forest 

21 System lands the Secretary of Agriculture, or an au22 thorized representative of such Secretary, determines 

23 that any person is in violation of any environmental 

24 protection requirement under subtitle C or any regu25 lation issued by the Secretaries to implement this 


pwalker on DSK5TPTVN1PROD with BILLS
86 

•HR 3446 IH

1 title, such Secretary or authorized representative 

2 shall issue to such person a notice of violation de3 scribing the violation and the corrective measures to 

4 be taken. The Secretary concerned, or the author5 ized representative of such Secretary, shall provide 

6 such person with a period of time not to exceed 30 

7 days to abate the violation. Such period of time may 

8 be extended by the Secretary concerned upon a 

9 showing of good cause by such person. If, upon the 

10 expiration of time provided for such abatement, the 

11 Secretary concerned, or the authorized representa12 tive of such Secretary, finds that the violation has 

13 not been abated he or she shall immediately order a 

14 cessation of all mineral activities or the portion 

15 thereof relevant to the violation. 

16 (2) If the Secretary concerned, or the author17 ized representative of the Secretary concerned, de18 termines that any condition or practice exists, or 

19 that any person is in violation of any requirement 

20 under a permit approved under this title, and such 

21 condition, practice or violation is causing, or can 

22 reasonably be expected to cause— 

23 (A) an imminent danger to the health or 

24 safety of the public; or 


pwalker on DSK5TPTVN1PROD with BILLS
87 

•HR 3446 IH

1 (B) significant, imminent environmental 

2 harm to land, air, water, or fish or wildlife re3 sources, 

4 such Secretary or authorized representative shall im5 mediately order a cessation of mineral activities or 

6 the portion thereof relevant to the condition, prac7 tice, or violation. 

8 (3)(A) A cessation order pursuant to para9 graphs (1) or (2) shall remain in effect until such 

10 Secretary, or authorized representative, determines 

11 that the condition, practice, or violation has been 

12 abated, or until modified, vacated or terminated by 

13 the Secretary or authorized representative. In any 

14 such order, the Secretary or authorized representa15 tive shall determine the steps necessary to abate the 

16 violation in the most expeditious manner possible 

17 and shall include the necessary measures in the 

18 order. The Secretary concerned shall require appro19 priate financial assurances to ensure that the abate20 ment obligations are met. 

21 (B) Any notice or order issued pursuant to 

22 paragraphs (1) or (2) may be modified, vacated, or 

23 terminated by the Secretary concerned or an author24 ized representative of such Secretary. Any person to 


pwalker on DSK5TPTVN1PROD with BILLS
88 

•HR 3446 IH

1 whom any such notice or order is issued shall be en2 titled to a hearing on the record. 

3 (4) If, after 30 days of the date of the order 

4 referred to in paragraph (3)(A) the required abate5 ment has not occurred, the Secretary concerned shall 

6 take such alternative enforcement action against the 

7 claim holder or operator (or any person who controls 

8 the claim holder or operator) as will most likely 

9 bring about abatement in the most expeditious man10 ner possible. Such alternative enforcement action 

11 may include, but is not necessarily limited to, seek12 ing appropriate injunctive relief to bring about 

13 abatement. Nothing in this paragraph shall preclude 

14 the Secretary, or for National Forest System lands 

15 the Secretary of Agriculture, from taking alternative 

16 enforcement action prior to the expiration of 30 

17 days. 

18 (5) If a claim holder or operator (or any person 

19 who controls the claim holder or operator) fails to 

20 abate a violation or defaults on the terms of the per21 mit, the Secretary, or for National Forest System 

22 lands the Secretary of Agriculture, shall forfeit the 

23 financial assurance for the plan as necessary to en24 sure abatement and reclamation under this title. The 

25 Secretary concerned may prescribe conditions under 


pwalker on DSK5TPTVN1PROD with BILLS
89 

•HR 3446 IH

1 which a surety may perform reclamation in accord2 ance with the approved plan in lieu of forfeiture. 

3 (6) The Secretary, or for National Forest Sys4 tem lands the Secretary of Agriculture, shall not 

5 cause forfeiture of the financial assurance while ad6 ministrative or judicial review is pending. 

7 (7) In the event of forfeiture, the claim holder, 

8 operator, or any affiliate thereof, as appropriate as 

9 determined by the Secretary by rule, shall be jointly 

10 and severally liable for any remaining reclamation 

11 obligations under this title. 

12 (b) COMPLIANCE.—The Secretary, or for National 

13 Forest System lands the Secretary of Agriculture, may re14 quest the Attorney General to institute a civil action for 

15 relief, including a permanent or temporary injunction or 

16 restraining order, or any other appropriate enforcement 

17 order, including the imposition of civil penalties, in the dis18 trict court of the United States for the district in which 

19 the mineral activities are located whenever a person— 

20 (1) violates, fails, or refuses to comply with any 

21 order issued by the Secretary concerned under sub22 section (a); or 

23 (2) interferes with, hinders, or delays the Sec24 retary concerned in carrying out an inspection under 

25 section 553. 


pwalker on DSK5TPTVN1PROD with BILLS
90 

•HR 3446 IH

1 Such court shall have jurisdiction to provide such relief 

2 as may be appropriate. Any relief granted by the court 

3 to enforce an order under paragraph (1) shall continue 

4 in effect until the completion or final termination of all 

5 proceedings for review of such order unless the district 

6 court granting such relief sets it aside. 

7 (c) DELEGATION.—Notwithstanding any other provi8 sion of law, the Secretary may utilize personnel of the Of9 fice of Surface Mining Reclamation and Enforcement to 

10 ensure compliance with the requirements of this title. 

11 (d) PENALTIES.— 

12 (1) Any person who fails to comply with any re13 quirement of a permit approved under this title or 

14 any regulation issued by the Secretaries to imple15 ment this title shall be liable for a penalty of not 

16 more than $25,000 per violation. Each day of viola17 tion may be deemed a separate violation for pur18 poses of penalty assessments. 

19 (2) A person who fails to correct a violation for 

20 which a cessation order has been issued under sub21 section (a) within the period permitted for its correc22 tion shall be assessed a civil penalty of not less than 

23 $1,000 per violation for each day during which such 

24 failure continues. 


pwalker on DSK5TPTVN1PROD with BILLS
91 

•HR 3446 IH

1 (3) Whenever a corporation is in violation of a 

2 requirement of a permit approved under this title or 

3 any regulation issued by the Secretaries to imple4 ment this title or fails or refuses to comply with an 

5 order issued under subsection (a), any director, offi6 cer, or agent of such corporation who knowingly au7 thorized, ordered, or carried out such violation, fail8 ure, or refusal shall be subject to the same penalties 

9 as may be imposed upon the person referred to in 

10 paragraph (1). 

11 (e) SUSPENSIONS OR REVOCATIONS.—The Secretary, 

12 or for National Forest System lands the Secretary of Agri13 culture, shall suspend or revoke a permit issued under 

14 subtitle C, in whole or in part, if the operator— 

15 (1) knowingly made or knowingly makes any 

16 false, inaccurate, or misleading material statement 

17 in any mining claim, notice of location, application, 

18 record, report, plan, or other document filed or re19 quired to be maintained under this title; 

20 (2) fails to abate a violation covered by a ces21 sation order issued under subsection (a); 

22 (3) fails to comply with an order of the Sec23 retary concerned; 

24 (4) refuses to permit an audit pursuant to this 

25 title; 


pwalker on DSK5TPTVN1PROD with BILLS
92 

•HR 3446 IH

1 (5) fails to maintain an adequate financial as2 surance under section 536; 

3 (6) fails to pay claim maintenance fees or other 

4 moneys due and owing under this title; or 

5 (7) with regard to plans conditionally approved 

6 under section 535(c)(2), fails to abate a violation to 

7 the satisfaction of the Secretary concerned, or if the 

8 validity of the violation is upheld on the appeal 

9 which formed the basis for the conditional approval. 

10 (f) FALSE STATEMENTS; TAMPERING.—Any person 

11 who knowingly— 

12 (1) makes any false material statement, rep13 resentation, or certification in, or omits or conceals 

14 material information from, or unlawfully alters, any 

15 mining claim, notice of location, application, record, 

16 report, plan, or other documents filed or required to 

17 be maintained under this title; or 

18 (2) falsifies, tampers with, renders inaccurate, 

19 or fails to install any monitoring device or method 

20 required to be maintained under this title, 

21 shall upon conviction, be punished by a fine of not more 

22 than $10,000, or by imprisonment for not more than 2 

23 years, or by both. If a conviction of a person is for a viola24 tion committed after a first conviction of such person 

25 under this subsection, punishment shall be by a fine of 


pwalker on DSK5TPTVN1PROD with BILLS
93 

•HR 3446 IH

1 not more than $20,000 per day of violation, or by impris2 onment of not more than 4 years, or both. Each day of 

3 continuing violation may be deemed a separate violation 

4 for purposes of penalty assessments. 

5 (g) KNOWING VIOLATIONS.—Any person who know6 ingly— 

7 (1) engages in mineral activities without a per8 mit required under subtitle C; or 

9 (2) violates any other requirement of a permit 

10 issued under this title, or any condition or limitation 

11 thereof, 

12 shall upon conviction be punished by a fine of not less 

13 than $5,000 nor more than $50,000 per day of violation, 

14 or by imprisonment for not more than 3 years, or both. 

15 If a conviction of a person is for a violation committed 

16 after the first conviction of such person under this sub17 section, punishment shall be a fine of not less than 

18 $10,000 per day of violation, or by imprisonment of not 

19 more than 6 years, or both. 

20 (h) KNOWING AND WILLFUL VIOLATIONS.—Any per21 son who knowingly and willfully commits an act for which 

22 a civil penalty is provided in paragraph (1) of subsection 

23 (g) shall, upon conviction, be punished by a fine of not 

24 more than $50,000, or by imprisonment for not more than 

25 2 years, or both. 


pwalker on DSK5TPTVN1PROD with BILLS
94 

•HR 3446 IH

1 (i) DEFINITION.—For purposes of this section, the 

2 term ‘‘person’’ includes any officer, agent, or employee of 

3 a person. 

4 SEC. 547. REGULATIONS. 

5 The Secretary and the Secretary of Agriculture shall 

6 issue such regulations as are necessary to implement this 

7 title. The regulations implementing subtitle B, subtitle C, 

8 subtitle D, and subtitle E that affect the Forest Service 

9 shall be joint regulations issued by both Secretaries, and 

10 shall be issued no later than 180 days after the date of 

11 enactment of this Act. 

12 SEC. 548. EFFECTIVE DATE. 

13 This title shall take effect on the date of enactment 

14 of this Act, except as otherwise provided in this title. 

15 SEC. 549. OIL SHALE CLAIMS. 

16 Section 2511(f) of the Energy Policy Act of 1992 

17 (Public Law 102–486) is amended— 

18 (1) by striking ‘‘as prescribed by the Sec19 retary’’; and 

20 (2) by inserting before the period the following: 

21 ‘‘in the same manner as required by subtitle B and 

22 subtitle C of the Hardrock Mining Reform and Def23 icit Reduction Act of 2011’’. 


pwalker on DSK5TPTVN1PROD with BILLS
95 

•HR 3446 IH

1 SEC. 550. SAVINGS CLAUSE. 

2 (a) SPECIAL APPLICATION OF MINING LAWS.—Noth3 ing in this title shall be construed as repealing or modi4 fying any Federal law, regulation, order, or land use plan, 

5 in effect prior to the date of enactment of this Act that 

6 prohibits or restricts the application of the general mining 

7 laws, including laws that provide for special management 

8 criteria for operations under the general mining laws as 

9 in effect prior to the date of enactment of this Act, to 

10 the extent such laws provide for protection of natural and 

11 cultural resources and the environment greater than re12 quired under this title, and any such prior law shall re13 main in force and effect with respect to claims located (or 

14 proposed to be located) or converted under this title. Noth15 ing in this title shall be construed as applying to or lim16 iting mineral investigations, studies, or other mineral ac17 tivities conducted by any Federal or State agency acting 

18 in its governmental capacity pursuant to other authority. 

19 Nothing in this title shall affect or limit any assessment, 

20 investigation, evaluation, or listing pursuant to the Com21 prehensive Environmental Response, Compensation, and 

22 Liability Act of 1980 (42 U.S.C. 9601 et seq.), or the 

23 Solid Waste Disposal Act (42 U.S.C. 3251 et seq.). 

24 (b) EFFECT ON OTHER FEDERAL LAWS.—The provi25 sions of this title shall supersede the general mining laws, 

26 except for those parts of the general mining laws respectVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
96 

•HR 3446 IH

1 ing location of mining claims that are not expressly modi2 fied by this title. Except for the general mining laws, noth3 ing in this title shall be construed as superseding, modi4 fying, amending, or repealing any provision of Federal law 

5 not expressly superseded, modified, amended, or repealed 

6 by this title. Nothing in this title shall be construed as 

7 altering, affecting, amending, modifying, or changing, di8 rectly or indirectly, any law which refers to and provides 

9 authorities or responsibilities for, or is administered by, 

10 the Environmental Protection Agency or the Adminis11 trator of the Environmental Protection Agency, including 

12 the Federal Water Pollution Control Act, title XIV of the 

13 Public Health Service Act (the Safe Drinking Water Act), 

14 the Clean Air Act, the Pollution Prevention Act of 1990, 

15 the Toxic Substances Control Act, the Federal Insecticide, 

16 Fungicide, and Rodenticide Act, the Federal Food, Drug, 

17 and Cosmetic Act, the Motor Vehicle Information and 

18 Cost Savings Act, the Federal Hazardous Substances Act, 

19 the Endangered Species Act of 1973, the Atomic Energy 

20 Act, the Noise Control Act of 1972, the Solid Waste Dis21 posal Act, the Comprehensive Environmental Response, 

22 Compensation, and Liability Act of 1980, the Superfund 

23 Amendments and Reauthorization Act of 1986, the Ocean 

24 Dumping Act, the Environmental Research, Development, 

25 and Demonstration Authorization Act, the Pollution ProsVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
97 

•HR 3446 IH

1 ecution Act of 1990, and the Federal Facilities Compli2 ance Act of 1992, or any statute containing an amend3 ment to any of such Acts. Nothing in this title shall be 

4 construed as modifying or affecting any provision of the 

5 Native American Graves Protection and Repatriation Act 

6 (Public Law 101–601) or any provision of the American 

7 Indian Religious Freedom Act (42 U.S.C. 1996), the Na8 tional Historic Preservation Act (16 U.S.C. 470 et seq.), 

9 and the Religious Freedom Restoration Act of 1993 (42 

10 U.S.C. 2000bb et seq.). 

11 (c) PROTECTION OF CONSERVATION AREAS.—In 

12 order to protect the resources and values of National Con13 servation System units, the Secretary, as appropriate, 

14 shall utilize authority under this title and other applicable 

15 law to the fullest extent necessary to prevent mineral ac16 tivities that could have an adverse impact on the resources 

17 or values for which such units were established. 

18 (d) SOVEREIGN IMMUNITY OF INDIAN TRIBES.— 

19 Nothing in this section shall be construed so as to waive 

20 the sovereign immunity of any Indian tribe. 

21 SEC. 551. AVAILABILITY OF PUBLIC RECORDS. 

22 Copies of records, reports, inspection materials, or in23 formation obtained by the Secretary or the Secretary of 

24 Agriculture under this title shall be made available to the 

25 public, consistent with section 552 of title 5, United States 


pwalker on DSK5TPTVN1PROD with BILLS
98 

•HR 3446 IH

1 Code, in central and sufficient locations in the county, 

2 multicounty, and State area of mineral activity or rec3 lamation so that such items are conveniently available to 

4 residents in the area proposed or approved for mineral ac5 tivities and on the Internet. 

6 SEC. 552. MISCELLANEOUS POWERS. 

7 (a) IN GENERAL.—In carrying out his or her duties 

8 under this title, the Secretary, or for National Forest Sys9 tem lands the Secretary of Agriculture, may conduct any 

10 investigation, inspection, or other inquiry necessary and 

11 appropriate and may conduct, after notice, any hearing 

12 or audit, necessary and appropriate to carrying out his 

13 or her duties. 

14 (b) ANCILLARY POWERS.—In connection with any 

15 hearing, inquiry, investigation, or audit under this title, 

16 the Secretary, or for National Forest System lands the 

17 Secretary of Agriculture, is authorized to take any of the 

18 following actions: 

19 (1) Require, by special or general order, any 

20 person to submit in writing such affidavits and an21 swers to questions as the Secretary concerned may 

22 reasonably prescribe, which submission shall be 

23 made within such reasonable period and under oath 

24 or otherwise, as may be necessary. 

25 (2) Administer oaths. 


pwalker on DSK5TPTVN1PROD with BILLS
99 

•HR 3446 IH

1 (3) Require by subpoena the attendance and 

2 testimony of witnesses and the production of all 

3 books, papers, records, documents, matter, and ma4 terials, as such Secretary may request. 

5 (4) Order testimony to be taken by deposition 

6 before any person who is designated by such Sec7 retary and who has the power to administer oaths, 

8 and to compel testimony and the production of evi9 dence in the same manner as authorized under para10 graph (3) of this subsection. 

11 (5) Pay witnesses the same fees and mileage as 

12 are paid in like circumstances in the courts of the 

13 United States. 

14 (c) ENFORCEMENT.—In cases of refusal to obey a 

15 subpoena served upon any person under this section, the 

16 district court of the United States for any district in which 

17 such person is found, resides, or transacts business, upon 

18 application by the Attorney General at the request of the 

19 Secretary concerned and after notice to such person, shall 

20 have jurisdiction to issue an order requiring such person 

21 to appear and produce documents before the Secretary 

22 concerned. Any failure to obey such order of the court may 

23 be punished by such court as contempt thereof and subject 

24 to a penalty of up to $10,000 a day. 


pwalker on DSK5TPTVN1PROD with BILLS
100 

•HR 3446 IH

1 (d) ENTRY AND ACCESS.—Without advance notice 

2 and upon presentation of appropriate credentials, the Sec3 retary, or for National Forest System lands the Secretary 

4 of Agriculture, or any authorized representative thereof— 

5 (1) shall have the right of entry to, upon, or 

6 through the site of any claim, mineral activities, or 

7 any premises in which any records required to be 

8 maintained under this title are located; 

9 (2) may at reasonable times, and without delay, 

10 have access to records, inspect any monitoring 

11 equipment, or review any method of operation re12 quired under this title; 

13 (3) may engage in any work and do all things 

14 necessary or expedient to implement and administer 

15 the provisions of this title; 

16 (4) may, on any mining claim located under the 

17 general mining laws and maintained in compliance 

18 with this title, and without advance notice, stop, and 

19 inspect any motorized form of transportation that 

20 such Secretary has probable cause to believe is car21 rying locatable minerals, concentrates, or products 

22 derived therefrom from a claim site for the purpose 

23 of determining whether the operator of such vehicle 

24 has documentation related to such locatable min25 erals, concentrates, or products derived therefrom as 


pwalker on DSK5TPTVN1PROD with BILLS
101 

•HR 3446 IH

1 required by law, if such documentation is required 

2 under this title; and 

3 (5) may, if accompanied by any appropriate law 

4 enforcement officer, or an appropriate law enforce5 ment officer alone, stop and inspect any motorized 

6 form of transportation which is not on a claim site 

7 if he or she has probable cause to believe such vehi8 cle is carrying locatable minerals, concentrates, or 

9 products derived therefrom from a claim site on 

10 Federal lands or allocated to such claim site. Such 

11 inspection shall be for the purpose of determining 

12 whether the operator of such vehicle has the docu13 mentation required by law, if such documentation is 

14 required under this title. 

15 SEC. 553. MULTIPLE MINERAL DEVELOPMENT AND SUR16 FACE RESOURCES. 

17 The provisions of sections 4 and 6 of the Act of Au18 gust 13, 1954 (30 U.S.C. 524 and 526), commonly known 

19 as the Multiple Minerals Development Act, and the provi20 sions of section 4 of the Act of July 23, 1955 (30 U.S.C. 

21 612), shall apply to all mining claims located under the 

22 general mining laws and maintained in compliance with 

23 such laws and this title. 


pwalker on DSK5TPTVN1PROD with BILLS
102 

•HR 3446 IH

1 SEC. 554. MINERAL MATERIALS. 

2 (a) DETERMINATIONS.—Section 3 of the Act of July 

3 23, 1955 (30 U.S.C. 611), is amended— 

4 (1) by inserting ‘‘(a)’’ before the first sentence; 

5 (2) by inserting ‘‘mineral materials, including’’ 

6 after ‘‘varieties of’’ in the first sentence; 

7 (3) by striking ‘‘or cinders’’ and inserting in 

8 lieu thereof ‘‘cinders, and clay’’; and 

9 (4) by adding the following new subsection at 

10 the end thereof: 

11 ‘‘(b)(1) Subject to valid existing rights, after the date 

12 of enactment of the Hardrock Mining Reform and Deficit 

13 Reduction Act of 2011, notwithstanding the reference to 

14 common varieties in subsection (a) and to the exception 

15 to such term relating to a deposit of materials with some 

16 property giving it distinct and special value, all deposits 

17 of mineral materials referred to in such subsection, includ18 ing the block pumice referred to in such subsection, shall 

19 be subject to disposal only under the terms and conditions 

20 of the Materials Act of 1947. 

21 ‘‘(2) For purposes of paragraph (1), the term ‘valid 

22 existing rights’ means that a mining claim located for any 

23 such mineral material— 

24 ‘‘(A) had and still has some property giving it 

25 the distinct and special value referred to in subVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
103 

•HR 3446 IH

1 section (a), or as the case may be, met the definition 

2 of block pumice referred to in such subsection; 

3 ‘‘(B) was properly located and maintained 

4 under the general mining laws prior to the date of 

5 enactment of the Hardrock Mining Reform and Def6 icit Reduction Act of 2011; 

7 ‘‘(C) was supported by a discovery of a valuable 

8 mineral deposit within the meaning of the general 

9 mining laws as in effect immediately prior to the 

10 date of enactment of the Hardrock Mining Reform 

11 and Deficit Reduction Act of 2011; and 

12 ‘‘(D) that such claim continues to be valid 

13 under this Act.’’. 

14 (b) MINERAL MATERIALS DISPOSAL CLARIFICA15 TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C. 

16 612), is amended— 

17 (1) in subsection (b) by inserting ‘‘and mineral 

18 material’’ after ‘‘vegetative’’; and 

19 (2) in subsection (c) by inserting ‘‘and mineral 

20 material’’ after ‘‘vegetative’’. 

21 (c) CONFORMING AMENDMENT.—Section 1 of the 

22 Act of July 31, 1947, entitled ‘‘An Act to provide for the 

23 disposal of materials on the public lands of the United 

24 States’’ (30 U.S.C. 601 et seq.) is amended by striking 

25 ‘‘common varieties of’’ in the first sentence. 


pwalker on DSK5TPTVN1PROD with BILLS
104 

•HR 3446 IH

1 (d) SHORT TITLES.— 

2 (1) SURFACE RESOURCES.—The Act of July 

3 23, 1955, is amended by inserting after section 7 

4 the following new section: 

5 ‘‘SEC. 8. This Act may be cited as the ‘Surface Re6 sources Act of 1955’.’’. 

7 (2) MINERAL MATERIALS.—The Act of July 31, 

8 1947, entitled ‘‘An Act to provide for the disposal of 

9 materials on the public lands of the United States’’ 

10 (30 U.S.C. 601 et seq.) is amended by inserting 

11 after section 4 the following new section: 

12 ‘‘SEC. 5. This Act may be cited as the ‘Materials Act 

13 of 1947’.’’. 

14 (e) REPEALS.— 

15 (1) Subject to valid existing rights, the Act of 

16 August 4, 1892 (27 Stat. 348, 30 U.S.C. 161), com17 monly known as the Building Stone Act, is hereby 

18 repealed. 

19 (2) Subject to valid existing rights, the Act of 

20 January 31, 1901 (30 U.S.C. 162), commonly 

21 known as the Saline Placer Act, is hereby repealed. 


pwalker on DSK5TPTVN1PROD with BILLS
105 

•HR 3446 IH

1 TITLE VI—ABANDONED MINE 

2 RECLAMATION 

3 SEC. 601. SHORT TITLE. 

4 This title may be cited as the ‘‘Abandoned Mine Rec5 lamation and Deficit Reduction Act of 2011’’. 

6 SEC. 602. DEFINITIONS AND REFERENCES. 

7 (a) IN GENERAL.—As used in this title: 

8 (1) The term ‘‘beneficiation’’ means the crush9 ing and grinding of hardrock mineral ore and such 

10 processes as are employed to free the mineral from 

11 other constituents, including but not necessarily lim12 ited to, physical and chemical separation techniques. 

13 (2) The term ‘‘claim holder’’ means a person 

14 holding a mining claim, millsite claim, or tunnel site 

15 claim located under the general mining laws and 

16 maintained in compliance with such laws and this 

17 title. Such term may include an agent of a claim 

18 holder. 

19 (3) The term ‘‘control’’ means having the abil20 ity, directly or indirectly, to determine (without re21 gard to whether exercised through one or more cor22 porate structures) the manner in which an entity 

23 conducts mineral activities, through any means, in24 cluding without limitation, ownership interest, au25 thority to commit the entity’s real or financial asVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
106 

•HR 3446 IH

1 sets, position as a director, officer, or partner of the 

2 entity, or contractual arrangement. 

3 (4) The term ‘‘crude ore’’ means ore in its un4 processed form, containing profitable amounts of the 

5 target mineral. 

6 (5) The term ‘‘displaced material’’ means any 

7 crude ore and waste dislodged from its location at 

8 the time hardrock mining begins at surface, under9 ground, or in-situ mines. 

10 (6) The term ‘‘exploration’’ means surface dis11 turbance to evaluate the type, extent, quantity, or 

12 quality of minerals present including sampling, drill13 ing, and analyzing hardrock mineral values. 

14 (7) The term ‘‘Federal land’’ means any land, 

15 including mineral interests, owned by the United 

16 States without regard to how the United States ac17 quired ownership of the land and without regard to 

18 the agency having responsibility for management 

19 thereof, except Indian lands. 

20 (8) The term ‘‘hardrock’’ means any mineral 

21 mined under the 1872 Mining Law (30 U.S.C. 22– 

22 54), and with respect to State, Indian, and private 

23 lands, any minerals on those lands that would be 

24 considered hardrock minerals if such minerals had 

25 been mined under the 1872 Mining Law: Provided, 


pwalker on DSK5TPTVN1PROD with BILLS
107 

•HR 3446 IH

1 however, That if subsequent to the date of enact2 ment of this Act, any minerals mined under the 

3 1872 Mining Law are transferred from the require4 ments of the 1872 Mining Law to different statutory 

5 requirements, those minerals so transferred will con6 tinue to be subject to the provisions of this title. 

7 (9) The term ‘‘hardrock mining operation’’ 

8 means any activities or operations conducted to mine 

9 minerals under the 1872 Mining Law (30 U.S.C. 

10 22–54), and, with respect to State, Indian, and pri11 vate lands, any activities or operations conducted on 

12 such lands to mine minerals that would be consid13 ered hardrock minerals if such minerals had been 

14 mined under the 1872 Mining Law: Provided, how15 ever, That if subsequent to the date of enactment of 

16 this Act, any minerals mined under the 1872 Mining 

17 Law are transferred from the requirements of the 

18 1872 Mining Law to different statutory require19 ments, those activities or operations conducted on 

20 lands to mine those minerals so transferred will con21 tinue to be subject to the provisions of this title. 

22 (10) The term ‘‘Indian lands’’ means lands held 

23 in trust for the benefit of an Indian tribe or indi24 vidual or held by an Indian tribe or individual subVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
108 

•HR 3446 IH

1 ject to a restriction by the United States against 

2 alienation. 

3 (11) The term ‘‘Indian tribe’’ means any Indian 

4 tribe, band, nation, pueblo, or other organized group 

5 or community, including any Alaska Native village 

6 or regional corporation as defined in or established 

7 pursuant to the Alaska Native Claims Settlement 

8 Act (43 U.S.C. 1601 et seq.), that is recognized as 

9 eligible for the special programs and services pro10 vided by the United States to Indians because of 

11 their status as Indians. 

12 (12) The term ‘‘mineral activities’’ means any 

13 activity on a mining claim, millsite claim, or tunnel 

14 site claim for, related to, or incidental to, mineral 

15 exploration, mining, beneficiation, processing, or rec16 lamation activities for any hardrock mineral. 

17 (13) The term ‘‘operator’’ means any person 

18 that conducts mineral activities and any agent of 

19 such person. 

20 (14) The term ‘‘person’’ means an individual, 

21 Indian tribe, partnership, association, society, joint 

22 venture, joint stock company, firm, company, cor23 poration, cooperative, or other organization and any 

24 instrumentality of State or local government includVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
109 

•HR 3446 IH

1 ing any publicly owned utility or publicly owned cor2 poration of State or local government. 

3 (15) The term ‘‘processing’’ means processes 

4 downstream of beneficiation employed to prepare 

5 hardrock mineral ore into the final marketable prod6 uct, including but not limited to smelting and elec7 trolytic refining. 

8 (16) The term ‘‘Secretary’’ means the Secretary 

9 of the Interior, unless otherwise specified. 

10 (17) The term ‘‘ton’’ means 2,000 pounds av11 oirdupois (.90718 metric ton). 

12 (18) The term ‘‘waste’’ means rock that must 

13 be fractured and removed in order to gain access to 

14 crude ore. 

15 (b) REFERENCES TO OTHER LAWS.—(1) Any ref16 erence in this title to the term ‘‘general mining laws’’ is 

17 a reference to those Acts that generally comprise chapters 

18 2, 12A, and 16, and sections 161 and 162, of title 30, 

19 United States Code. 

20 (2) Any reference in this title to the Act of July 23, 

21 1955, is a reference to the Act entitled ‘‘An Act to amend 

22 the Act of July 31, 1947 (61 Stat. 681) and the mining 

23 laws to provide for multiple use of the surface of the same 

24 tracts of the public lands, and for other purposes’’ (30 

25 U.S.C. 601 et seq.). 


pwalker on DSK5TPTVN1PROD with BILLS
110 

•HR 3446 IH

1 Subtitle A—Hardrock Mining 

2 Reclamation 

3 SEC. 611. DISPLACED MATERIAL RECLAMATION FEE. 

4 (a) IMPOSITION OF FEE.—Except as provided in 

5 paragraph (2), each operator of a hardrock mining oper6 ation shall pay to the Secretary, for deposit in the Aban7 doned Mine Cleanup Fund established by section 621(a), 

8 a displaced material reclamation fee of 7 cents per ton 

9 of displaced material. 

10 (b) PAYMENT DEADLINE.—The reclamation fee shall 

11 be paid not later than 60 days after the end of each cal12 endar year beginning with the first calendar year occur13 ring after the date of enactment of this Act. 

14 (c) SUBMISSION OF STATEMENT.—Together with 

15 such reclamation fee, all operators of hardrock mining op16 erations shall submit a statement of the amount of dis17 placed materials produced during mineral activities during 

18 the previous calendar year, the accuracy of which shall be 

19 sworn to by the operator and notarized. 

20 (d) PENALTY.—Any person, corporate officer, agent 

21 or director, on behalf of a hardrock mining operation, who 

22 knowingly makes any false statement, representation or 

23 certification, or knowingly fails to make any statement, 

24 representation or certification required in this section 

25 shall, upon conviction, be punished by a fine of not more 


pwalker on DSK5TPTVN1PROD with BILLS
111 

•HR 3446 IH

1 than $10,000, or by imprisonment for not more than one 

2 year, or both. 

3 (e) CIVIL ACTION TO RECOVER FEE.—Any portion 

4 of the reclamation fee not properly or promptly paid pur5 suant to this section shall be recoverable, with statutory 

6 interest, from the hardrock mining operations operator, in 

7 any court of competent jurisdiction in any action at law 

8 to compel payment of debts. 

9 (f) DEPOSIT OF REVENUES.—Amounts received by 

10 the Secretary under subsection (a)(1) shall be deposited 

11 in the Abandoned Mine Cleanup Fund established by sec12 tion 621(a). 

13 (g) EFFECT.—Nothing in this section requires a re14 duction in, or otherwise affects, any similar fee required 

15 under any law (including regulations) of any State. 

16 Subtitle B—Abandoned Mine 

17 Cleanup Fund 

18 SEC. 621. ESTABLISHMENT OF FUND. 

19 (a) ESTABLISHMENT.—There is established on the 

20 books of the Treasury of the United States a separate ac21 count to be known as the Abandoned Mine Cleanup Fund 

22 (hereinafter in this subtitle referred to as the ‘‘Fund’’) 

23 consisting of the following: 


pwalker on DSK5TPTVN1PROD with BILLS
112 

•HR 3446 IH

1 (1) All donations by persons, corporations, as2 sociations, and foundations for the purposes of this 

3 subtitle. 

4 (2) All amounts deposited in the Fund under 

5 section 611. 

6 (3) All income on investments under section 

7 612(b). 

8 (b) INVESTMENT.—The Secretary shall notify the 

9 Secretary of the Treasury as to what portion of the Fund 

10 is not, in the Secretary’s judgment, required to meet cur11 rent withdrawals. The Secretary of the Treasury shall in12 vest such portion of the Fund in public debt securities 

13 with maturities suitable for the needs of such Fund and 

14 bearing interest at rates determined by the Secretary of 

15 the Treasury, taking into consideration current market 

16 yields on outstanding marketplace obligations of the 

17 United States of comparable maturities. 

18 (c) ADMINISTRATION.— 

19 (1) The Fund shall be administered by the Sec20 retary, acting through the Director of the Office of 

21 Surface Mining Reclamation and Enforcement. 

22 (2) Amounts credited to the Fund shall be 

23 available, without further appropriation, for obliga24 tion and expenditure; and shall remain available 

25 until expended. 


pwalker on DSK5TPTVN1PROD with BILLS
113 

•HR 3446 IH

1 (3) The Secretary may retain such funds as 

2 necessary for the administrative expenses of the 

3 United States, Indian tribes, and the States to ac4 complish the purposes of this subtitle. 

5 (d) EXPENDITURES.—Subject to section 622, 

6 amounts in the Fund may, without fiscal year limitation 

7 and without further appropriation— 

8 (1) be expended by the Secretary for the pur9 poses described in section 622; 

10 (2) be transferred by the Secretary to the Di11 rector of the Bureau of Land Management, the 

12 Chief of the Forest Service, the Director of the Na13 tional Park Service, the Director of the United 

14 States Fish and Wildlife Service, or the head of any 

15 other Federal agency, that develops, implements, 

16 and has the ability to carry out all or a significant 

17 portion of a reclamation program under this subtitle; 

18 or 

19 (3) be transferred by the Secretary to an Indian 

20 tribe or a State with an approved reclamation pro21 gram, as provided in subsection (e). 

22 (e) STATE AND TRIBAL RECLAMATION PROGRAMS.— 

23 (1) IN GENERAL.—Each State having within 

24 the borders of the State, or tribe having within the 

25 borders of the reservation of the tribe, mined land 


pwalker on DSK5TPTVN1PROD with BILLS
114 

•HR 3446 IH

1 that is eligible for reclamation under this title may 

2 submit to the Secretary a reclamation program for 

3 the land. 

4 (2) APPROVAL.—If the Secretary determines 

5 that a State or tribe has developed and submitted a 

6 program for reclamation of abandoned mines con7 sistent with the priorities established under section 

8 622(c) and has the ability and necessary State or 

9 tribal legislation to implement this subtitle, the Sec10 retary shall— 

11 (A) approve the program; and 

12 (B) grant to the State or tribe the exclu13 sive responsibility and authority to implement 

14 the approved program. 

15 (3) WITHDRAWAL OF APPROVAL.—The Sec16 retary shall withdraw the approval and authorization 

17 if the Secretary determines that the State or tribal 

18 program is not in compliance with procedures, 

19 guidelines, and requirements established by the Sec20 retary. 

21 (4) APPROVAL OF EXISTING PROGRAMS.—Sub22 ject to paragraph (3), any State program in an 

23 abandoned hardrock mine State or tribal program 

24 for reclamation of abandoned mines approved under 

25 title IV of the Surface Mining Control and ReclamaVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
115 

•HR 3446 IH

1 tion Act of 1977 (30 U.S.C. 1231 et seq.) before the 

2 date of enactment of this Act and in good standing 

3 with the Secretary as of that date shall be consid4 ered approved under this subtitle. 

5 SEC. 622. USE AND OBJECTIVES OF THE FUND. 

6 (a) USE.— 

7 (1) IN GENERAL.—The Secretary may, subject 

8 to the availability of appropriations, use amounts in 

9 the Fund for the reclamation and restoration of land 

10 and water resources adversely affected by past 

11 hardrock minerals and mining and related activities 

12 in abandoned hardrock mine States and on Indian 

13 land located within the exterior boundaries of aban14 doned hardrock mine States, including the conduct 

15 of activities— 

16 (A) to protect public health and safety; 

17 (B) to prevent, abate, treat, and control 

18 water pollution created by abandoned mine 

19 drainage, including activities conducted in wa20 tersheds; 

21 (C) to reclaim and restore abandoned sur22 face and underground mined areas; 

23 (D) to reclaim and restore abandoned mill24 ing and processing areas; 


pwalker on DSK5TPTVN1PROD with BILLS
116 

•HR 3446 IH

1 (E) to backfill, seal, or otherwise control 

2 abandoned underground mine entries; 

3 (F) to revegetate land adversely affected 

4 by past mining activities— 

5 (i) to prevent erosion and sedimenta6 tion; and 

7 (ii) for any other reclamation purpose; 

8 (G) to control surface subsidence due to 

9 abandoned underground mines; and 

10 (H) to enhance fish and wildlife habitat. 

11 (2) DETERMINATION.—Before expending 

12 amounts in the Fund for the purposes described in 

13 paragraph (1), the Secretary shall make a deter14 mination that no claim holder, operator, or other 

15 person who is legally responsible under Federal or 

16 State law for the reclamation of the mine site can 

17 be located before reclamation under this title of the 

18 abandoned hardrock mine site begins. 

19 (b) ALLOCATION.—Of the amounts deposited in the 

20 Fund each fiscal year— 

21 (1) 30 percent shall be allocated by the Sec22 retary for expenditure by the Secretary or, if a State 

23 or Indian tribe has an approved program pursuant 

24 to section 621(e), by the State or Indian tribe, in 

25 the States in which, or on Indian land on which, 


pwalker on DSK5TPTVN1PROD with BILLS
117 

•HR 3446 IH

1 hardrock minerals are produced, based on a formula 

2 reflecting existing production in the State or on the 

3 land of the Indian tribe; 

4 (2) 30 percent shall be allocated by the Sec5 retary for expenditure by the Secretary or, if a State 

6 or Indian tribe has an approved program pursuant 

7 to section 621(e), by the State or Indian tribe, in 

8 the States and on Indian land using a formula based 

9 on the quantity of hardrock minerals historically 

10 produced in the State or from the Indian land before 

11 the date of enactment of this Act; 

12 (3) 30 percent shall be allocated by the Sec13 retary for expenditures on high priority abandoned 

14 mine sites on Federal and non-Federal land based 

15 on the priorities established in subsection (c); and 

16 (4) 10 percent shall be available to the Sec17 retary for grants under subsection (d). 

18 (c) PRIORITIES.—Expenditures of moneys from the 

19 Fund shall reflect the following priorities in the order stat20 ed— 

21 (1) The protection of public health and safety, 

22 from extreme danger from the adverse effects of 

23 past mineral activities, especially as relates to sur24 face water and groundwater contaminants. 


pwalker on DSK5TPTVN1PROD with BILLS
118 

•HR 3446 IH

1 (2) The protection of public health and safety, 

2 from the adverse effects of past mineral activities. 

3 (3) The restoration of land, water, and fish and 

4 wildlife resources previously degraded by the adverse 

5 effects of past mineral activities, which may include 

6 restoration activities in river watershed areas. 

7 (4) For the years 2012 through 2017, the Sec8 retary shall give first priority to and fully fund 

9 projects to cleanup and reclaim abandoned hardrock 

10 mines— 

11 (A) in States and Tribal lands that have 

12 previously been certified for completing their 

13 reclamation obligations under the Surface Min14 ing Control and Reclamation Act of 1977; and 

15 (B) that are currently utilizing funds avail16 able under section 411 of the Surface Mining 

17 Control and Reclamation Act of 1977 to fund 

18 the cleanup of abandoned hardrock mines. The 

19 Secretary shall fund, to the extent that funds 

20 are available in the Abandoned Mine Cleanup 

21 Fund, such cleanups to the same level as estab22 lished by the formula established in the Surface 

23 Mining Control and Reclamation Act of 1977 

24 notwithstanding the changes made under sub25 title C of this title. 


pwalker on DSK5TPTVN1PROD with BILLS
119 

•HR 3446 IH

1 (d) GRANTS TO PUBLIC ENTITIES AND NONPROFIT

2 ORGANIZATIONS.—The Secretary shall use amounts made 

3 available under subsection (b)(4) to make grants to public 

4 entities (including State fish and game agencies and local 

5 governments) and nonprofit organizations (based on cri6 teria established by the Secretary by regulation) to carry 

7 out activities that support collaborative restoration 

8 projects to improve fish and wildlife habitat affected by 

9 past hardrock minerals and mining activities, including ac10 tivities that— 

11 (1) improve water quality and quantity; 

12 (2) restore watersheds in which historic mining 

13 dewatered or otherwise fragmented stream habitats; 

14 (3) restore instream habitat conditions nec15 essary to support aquatic species; 

16 (4) restore vegetative cover and streamside 

17 areas to control erosion and improve conditions for 

18 fish and wildlife; 

19 (5) control and remove noxious weeds and 

20 invasive species associated with historic mining dis21 turbances that affect fish and wildlife; 

22 (6) restore fish and wildlife habitat in cases in 

23 which previous hardrock minerals and mining activ24 ity limits fish and wildlife productivity; 


pwalker on DSK5TPTVN1PROD with BILLS
120 

•HR 3446 IH

1 (7) protect and restore fish and wildlife habitat 

2 in areas affected by historic minerals and mining ac3 tivity; and 

4 (8) mitigate impacts to watersheds affected by 

5 past hardrock minerals and mining activities. 

6 (e) HABITAT.—Reclamation and restoration activities 

7 under this subtitle shall include appropriate mitigation 

8 measures to provide for the continuation of any estab9 lished habitat for wildlife in existence prior to the com10 mencement of such activities. 

11 (f) RESPONSE OR REMOVAL ACTIONS.—Reclamation 

12 and restoration activities under this subtitle which con13 stitute a removal or remedial action under section 101 of 

14 the Comprehensive Environmental Response, Compensa15 tion, and Liability Act of 1980 (42 U.S.C. 9601), shall 

16 be conducted with the concurrence of the Administrator 

17 of the Environmental Protection Agency. The Secretary 

18 and the Administrator shall enter into a Memorandum of 

19 Understanding to establish procedures for consultation, 

20 concurrence, training, exchange of technical expertise and 

21 joint activities under the appropriate circumstances, that 

22 provide assurances that reclamation or restoration activi23 ties under this subtitle shall not be conducted in a manner 

24 that increases the costs or likelihood of removal or reme25 dial actions under the Comprehensive Environmental ReVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
121 

•HR 3446 IH

1 sponse, Compensation, and Liability Act of 1980 (42 

2 U.S.C. 9601 et seq.), and that avoid oversight by multiple 

3 agencies to the maximum extent practicable. 

4 SEC. 623. ELIGIBLE LANDS AND WATERS. 

5 (a) ELIGIBILITY.—Reclamation expenditures under 

6 this subtitle may be made with respect to Federal, State, 

7 local, tribal, and private land or water resources that tra8 verse or are contiguous to Federal, State, local, tribal, or 

9 private land where such lands or water resources have 

10 been affected by past mineral activities, including any of 

11 the following: 

12 (1) Lands and water resources which were used 

13 for, or affected by, mineral activities and abandoned 

14 or left in an inadequate reclamation status before 

15 the effective date of this Act. 

16 (2) Lands for which the Secretary makes a de17 termination that there is no continuing reclamation 

18 responsibility of a claim holder, operator, or other 

19 person who abandoned the site prior to completion 

20 of required reclamation under State or other Federal 

21 laws. 

22 (b) SPECIFIC SITES AND AREAS NOT ELIGIBLE.— 

23 Sites and areas designated for remedial action pursuant 

24 to the Uranium Mill Tailings Radiation Control Act of 

25 1978 (42 U.S.C. 7901 and following) or which have been 


pwalker on DSK5TPTVN1PROD with BILLS
122 

•HR 3446 IH

1 listed for remedial action pursuant to the Comprehensive 

2 Environmental Response Compensation and Liability Act 

3 of 1980 (42 U.S.C. 9601 and following) shall not be eligi4 ble for expenditures from the Fund under this section. 

5 (c) INVENTORY.— 

6 (1) IN GENERAL.—The Secretary shall prepare 

7 and maintain a publicly available inventory of aban8 doned hardrock minerals mines on public lands and 

9 any abandoned hardrock mineral mines on Indian 

10 lands that may be eligible for expenditures under 

11 this subtitle, and shall deliver a yearly report to the 

12 Congress on the progress in cleanup of such sites. 

13 (2) PERIODIC UPDATES.—Not later than 5 

14 years after the date of enactment of this Act, and 

15 every 5 years thereafter, the Secretary shall update 

16 the inventory described in paragraph (1). 

17 Subtitle C—Priority Abandoned 

18 Coal Mine Reclamation 

19 SEC. 631. AMENDMENTS TO THE SURFACE MINING CON20 TROL AND RECLAMATION ACT. 

21 (a) Section 401 of the Surface Mining Control and 

22 Reclamation Act of 1977 (SMCRA) (30 U.S.C. 1231) is 

23 amended— 

24 (1) in the section title by inserting ‘‘COAL’’ be25 fore ‘‘ABANDONED’’; 


pwalker on DSK5TPTVN1PROD with BILLS
123 

•HR 3446 IH

1 (2) in subsection (a) by— 

2 (A) inserting ‘‘AND TRIBAL’’ after 

3 ‘‘STATE’’ in the heading; 

4 (B) inserting ‘‘Coal’’ before ‘‘Abandoned’’ 

5 in the first sentence; and 

6 (C) striking the last sentence; 

7 (3) in subsection (c) by— 

8 (A) striking in paragraph (1) ‘‘: Provided, 

9 That’’ and all that follows; 

10 (B) striking paragraphs (2) and (8); 

11 (C) inserting ‘‘and tribes’’ after ‘‘States’’ 

12 in paragraph (6); 

13 (D) inserting ‘‘or tribe’’ after ‘‘State’’ in 

14 paragraph (7); and 

15 (E) renumbering the remaining paragraphs 

16 accordingly; 

17 (4) in subsection (f)(1) by— 

18 (A) inserting ‘‘and any other available 

19 funds’’ after ‘‘subsection (b)’’; and 

20 (B) striking ‘‘2007’’ and inserting ‘‘2011’’; 

21 (5) in subsection (f)(2) by— 

22 (A) striking ‘‘2008’’ and inserting ‘‘2012’’ 

23 both places it appears; 

24 (B) amending subparagraph (A)(i) to read 

25 as follows: 


pwalker on DSK5TPTVN1PROD with BILLS
124 

•HR 3446 IH

1 ‘‘(i) eighty percent of the amounts de2 posited into the fund in the previous fiscal 

3 year less any allocations as described in 

4 paragraphs (2), (3), and (4) of section 

5 402(g); plus’’; and 

6 (C) amending clause (ii) of subparagraph 

7 (A) to read as follows: 

8 ‘‘(ii) the funds referred to in section 

9 402(i)(2).’’; 

10 (6) striking subsections (f)(3) and (5), and re11 numbering remaining paragraph accordingly; and 

12 (7) by inserting after section 401(b) the fol13 lowing and redesignating remaining subsection: 

14 ‘‘(c) STATE AND TRIBAL FUNDS.—Pursuant to an 

15 approved State or tribal abandoned mine reclamation pro16 gram required under section 405, States or Tribes receiv17 ing grants under this Act shall establish and administer 

18 abandoned mine reclamation funds.’’. 

19 (b) Section 402 of SMCRA (30 U.S.C. 1232) is 

20 amended— 

21 (1) by striking subsection (g) and inserting: 

22 ‘‘(g) ALLOCATION OF FUNDS.—Except as provided in 

23 subsection (h), amounts deposited into the fund during the 

24 previous fiscal year shall be allocated by the Secretary to 

25 accomplish the purposes of this Act as follows: 


pwalker on DSK5TPTVN1PROD with BILLS
125 

•HR 3446 IH

1 ‘‘(1) RECLAMATION GRANTS.— 

2 ‘‘(A) The amount made available for dis3 tribution by the Secretary under section 401(g) 

4 shall be distributed annually through grants to 

5 the States or Indian tribes with lands and 

6 waters eligible for reclamation under this Act. 

7 ‘‘(B) Any State or tribe receiving funds 

8 under this paragraph shall have in place an ap9 proved abandoned mine reclamation program 

10 pursuant to the provisions of section 405. 

11 ‘‘(C) Funds allocated to a State or Indian 

12 tribe under this paragraph shall be returned 

13 and deposited into the fund for reallocation 

14 under this paragraph during the next fiscal 

15 year if not expended within five years after the 

16 date of the grant award. 

17 ‘‘(D) Funds allocated by the Secretary 

18 under this paragraph shall only be used for rec19 lamation projects, including design, construc20 tion, and administration consistent with this 

21 Act. 

22 ‘‘(E) States or Indian tribes receiving 

23 funds under this paragraph may, in addition to 

24 the funds allocated pursuant to this paragraph, 

25 use funding from any other source not otherVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
126 

•HR 3446 IH

1 wise precluded by law in order to ensure the 

2 reclamation or abatement of the hazards of a 

3 particular abandoned mine site is achieved. 

4 ‘‘(2) GRANTS TO INDIAN TRIBES.—50 percent 

5 of the reclamation fees collected annually on Indian 

6 lands shall be allocated annually by the Secretary to 

7 the Indian tribe having jurisdiction over such lands. 

8 An Indian tribe that does not have lands and waters 

9 eligible for reclamation under this Act shall use any 

10 amounts provided under this paragraph for the pur11 poses established by the tribal council of the Indian 

12 tribe, with priority given for addressing the impacts 

13 of mineral development. 

14 ‘‘(3) ADMINISTRATIVE GRANTS.— 

15 ‘‘(A) Before funds are allocated pursuant 

16 to paragraph (1) of this subsection, the Sec17 retary may, at his discretion, provide adminis18 trative grants of not more than $10,000,000 

19 annually to each State or Indian tribe with eli20 gible land and water and that is operating 

21 under an approved abandoned mine reclamation 

22 program. 

23 ‘‘(B) Administrative grants provided under 

24 this paragraph are intended to ensure the mainVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
127 

•HR 3446 IH

1 tenance of approved reclamation programs, in2 cluding through— 

3 ‘‘(i) the maintenance of the inventory 

4 established pursuant to section 403(b); and 

5 ‘‘(ii) project planning and program 

6 administration, including the preparation 

7 of project applications pursuant to section 

8 412. 

9 ‘‘(C) In making grants available under this 

10 paragraph, the Secretary shall consider the ex11 tent of eligible lands and waters pursuant to 

12 section 404; the total amount of historical rec13 lamation expenditures; and the outcome of any 

14 previous application of the ranking criteria. 

15 ‘‘(4) EMERGENCY ABANDONED MINE LAND.— 

16 ‘‘(A) In fiscal year 2012, before funds are 

17 allocated pursuant to paragraph (1) of this sub18 section, the Secretary shall allocate $20 million 

19 from the fund for grants to States and Indian 

20 tribes for the purpose of carrying out the provi21 sions of section 410 relating to emergencies. 

22 ‘‘(B) In each fiscal year thereafter, before 

23 funds are allocated pursuant to paragraph (1) 

24 of this subsection, the Secretary shall allocate 

25 the amount needed to ensure that $20 million 


pwalker on DSK5TPTVN1PROD with BILLS
128 

•HR 3446 IH

1 is available from the fund for grants to States 

2 and Indian tribes for carrying out the provi3 sions of section 410 relating to emergencies. 

4 ‘‘(5) FEDERAL ADMINISTRATION.—Amounts 

5 available in the fund that are not allocated pursuant 

6 to subsections (1), (2), or (3) are available for ad7 ministrative costs of the Office of Surface Mining, 

8 subject to further appropriation. 

9 ‘‘(6) APPLICATION TO TENNESSEE.—Notwith10 standing any other provision of law, this subsection 

11 applies to the State of Tennessee.’’; and 

12 (2) in subsection (i)(2) by striking ‘‘the Sec13 retary of the Treasury’’ through the end of the sen14 tence and inserting ‘‘the Secretary of the Treasury 

15 shall transfer to the Secretary of the Interior $85.4 

16 million annually for the three fiscal years beginning 

17 in fiscal year 2012, which shall be distributed to 

18 States and Indian tribes in the same manner as 

19 moneys are distributed from the fund under para20 graph (1) of subsection (g).’’. 

21 (c) Section 403 of SMCRA (30 U.S.C. 1233) is 

22 amended— 

23 (1) by striking the portion of subsection (a) be24 fore the enumerated paragraphs and inserting: 


pwalker on DSK5TPTVN1PROD with BILLS
129 

•HR 3446 IH

1 ‘‘(a) Expenditure of moneys from the fund on lands 

2 and water eligible pursuant to section 404 for the pur3 poses of this title shall reflect the following priorities in 

4 the order stated:’’; and 

5 (2) by striking subsection (a)(1)(B)(ii) and in6 serting: 

7 ‘‘(ii) are necessary to achieve the ob8 jectives of subparagraph (A);’’; 

9 (3) by striking subsection (a)(2)(B)(ii) and in10 serting: 

11 ‘‘(ii) are necessary to achieve the ob12 jectives of subparagraph (A);’’; 

13 (4) by striking subsection (b); and 

14 (5) by redesignating subsection (c) as sub15 section (b) and amending it to read as follows: 

16 ‘‘(b) INVENTORY.—The Secretary shall maintain an 

17 inventory of eligible lands and waters pursuant to section 

18 404 which meet the priorities stated in paragraphs (1) and 

19 (2) of subsection (a). Under standardized procedures es20 tablished by the Secretary, States and Indian tribes with 

21 approved abandoned mine reclamation programs pursuant 

22 to section 405 may offer amendments, subject to the ap23 proval of the Secretary, to update the inventory as it ap24 plies to eligible lands and waters under the jurisdiction 

25 of such States or tribes. The Secretary shall provide such 


pwalker on DSK5TPTVN1PROD with BILLS
130 

•HR 3446 IH

1 States and tribes with the financial and technical assist2 ance necessary for the purpose of making inventory 

3 amendments. The Secretary shall compile and maintain 

4 an inventory for States and Indian lands in the case when 

5 a State or Indian tribe does not have an approved aban6 doned mine reclamation program pursuant to section 405. 

7 On a regular basis, but not less than annually, the projects 

8 completed under this title shall be so noted on the inven9 tory under standardized procedures established by the 

10 Secretary.’’. 

11 (d) Section 404 of SMCRA (30 U.S.C. 1234) is 

12 amended— 

13 (1) in the first sentence by— 

14 (A) striking ‘‘, except as provided for 

15 under section 411,’’; and 

16 (B) striking ‘‘August 3, 1977’’ and insert17 ing ‘‘enactment of the Surface Mining Control, 

18 Reclamation and Enforcement Act of 1977’’; 

19 and 

20 (2) in the second sentence by striking ‘‘, section 

21 403(b)(1), and section 409’’. 

22 (e) Section 405 of SMCRA (30 U.S.C. 1235) is 

23 amended— 

24 (1) by striking subsection (b) and inserting: 


pwalker on DSK5TPTVN1PROD with BILLS
131 

•HR 3446 IH

1 ‘‘(b) SUBMISSION OF STATE OR TRIBAL RECLAMA2 TION PLAN.—If a State has within its borders, or an In3 dian tribe on its lands, any coal mined lands eligible for 

4 reclamation under this title, it may submit to the Sec5 retary a State Reclamation Plan.’’; 

6 (2) by striking subsections (f) and (g); 

7 (3) in subsection (h), by striking ‘‘subsection 

8 402(g)’’ and inserting ‘‘paragraph (2) of 402(g)’’; 

9 and 

10 (4) by redesignating the subsections accord11 ingly. 

12 (f) Sections 406 and 409 of SMCRA (30 U.S.C. 

13 1236, 1239) are repealed. 

14 (g) Section 410 of SMCRA (30 U.S.C. 1240) is 

15 amended by striking ‘‘is’’ in the portion of subsection (a) 

16 before the enumerated paragraphs and inserting ‘‘and 

17 States and Indian tribes eligible for grants under sub18 section 402(g) are’’. 

19 (h) Section 411 of SMCRA (30 U.S.C. 1240a) is re20 pealed. 

21 (i) Section 412 of SMCRA (30 U.S.C. 1241) is 

22 amended to read as follows: 

23 ‘‘SEC. 412. APPLICATION FOR RECLAMATION FUNDS. 

24 ‘‘(a) TIMING OF APPLICATION.—At regular intervals, 

25 but no less than annually, each State or Indian tribe with 


pwalker on DSK5TPTVN1PROD with BILLS
132 

•HR 3446 IH

1 an approved reclamation program under Section 405 may 

2 submit to the Secretary an application for the administra3 tive support of the approved reclamation program, the im4 plementation of specific reclamation projects, or both. 

5 ‘‘(b) CONTENTS OF APPLICATION FOR AN ADMINIS6 TRATIVE GRANT.—The application shall include— 

7 ‘‘(1) a description of the program administra8 tive activities to be accomplished during the grant 

9 period; 

10 ‘‘(2) estimated costs of proposed activities; and 

11 ‘‘(3) information and assessments dem12 onstrating that the amounts requested are necessary 

13 to support specific reclamation objectives that will be 

14 submitted to the Secretary or projects funded by 

15 grants awarded prior to the date of enactment of 

16 this Act. 

17 ‘‘(c) CONTENTS OF APPLICATION FOR A RECLAMA18 TION GRANT.—The application shall include— 

19 ‘‘(1) a general description of each proposed 

20 project, including the type of reclamation to be per21 formed, the general location, and the name of the 

22 landowner; 

23 ‘‘(2) an explanation as to why the State or 

24 Tribe selected each proposed project from among all 

25 of the eligible lands and water in its jurisdiction, inVerDate Mar 15 2010 02:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H3446.IH H3446

pwalker on DSK5TPTVN1PROD with BILLS
133 

•HR 3446 IH

1 cluding the extent of public involvement in the selec2 tion process, if any; 

3 ‘‘(3) a statement of the estimated benefits in 

4 such terms as: public health and safety problems to 

5 be eliminated, reduced risk to the community, envi6 ronmental problems to be corrected, number of acres 

7 to be restored, miles of stream to be improved, and 

8 air and water pollution problems abated; 

9 ‘‘(4) an estimated cost of each proposed project, 

10 including the construction costs, operation and 

11 maintenance costs of permanent facilities, planning 

12 and engineering costs, construction inspection costs, 

13 cost savings to the project as a result of partner14 ships, and any other necessary administrative ex15 penses; 

16 ‘‘(5) an identification of lands or interests in 

17 lands to be acquired and the estimated cost; and 

18 ‘‘(6) any other information requested by the 

19 Secretary, except the Secretary cannot require the 

20 application to include the submission of complete 

21 project plans and specifications. 

22 ‘‘(d) TRANSITION.— 

23 ‘‘(1) For fiscal year 2012, the Secretary shall 

24 award reclamation project grants competitively 

25 based on the proposals submitted in subsection (c). 


pwalker on DSK5TPTVN1PROD with BILLS
134 

•HR 3446 IH

1 ‘‘(2) In awarding the reclamation project grants 

2 pursuant to paragraph (1), the Secretary shall con3 sider any financial, legal, and other commitments 

4 made by the State or Indian tribe prior to the enact5 ment of this Act.’’. 

6 Subtitle D—Administative 

7 Provisions 

8 SEC. 641. EFFECTIVE DATE. 

9 This title shall take effect on the date of enactment 

10 of this Act, except as otherwise provided in this Act. 

11 SEC. 642. FEES ADJUSTMENTS. 

12 (a) The Secretary shall adjust the fees required by 

13 section 611 to reflect changes in the Consumer Price 

14 Index published by the Bureau of Labor Statistics of the 

15 Department of Labor every 5 years after the date of enact16 ment of this Act, or more frequently if the Secretary deter17 mines an adjustment to be reasonable. 

18 (b) The Secretary shall provide claimants notice of 

19 any adjustment made under this subsection not later than 

20 July 1 of any year in which the adjustment is made. 

21 (c) A fee adjustment under this subsection shall begin 

22 to apply the calendar year following the calendar year in 

23 which it is made. 


pwalker on DSK5TPTVN1PROD with BILLS
135 

•HR 3446 IH

1 SEC. 643. INSPECTION AND MONITORING. 

2 (a) INSPECTIONS.—The Secretary shall make inspec3 tions of mineral activities so as to ensure compliance with 

4 the requirements of this title. 

5 (b) ANCILLARY POWERS.—In connection with any 

6 hearing, inquiry, investigation, or audit under this title, 

7 the Secretary is authorized to take any of the following 

8 actions: 

9 (1) Require, by special or general order, any 

10 person to submit in writing such affidavits and an11 swers to questions as the Secretary concerned may 

12 reasonably prescribe, which submission shall be 

13 made within such reasonable period and under oath 

14 or otherwise, as may be necessary. 

15 (2) Administer oaths. 

16 (3) Require by subpoena the attendance and 

17 testimony of witnesses and the production of all 

18 books, papers, records, documents, matter, and ma19 terials, as such Secretary may request. 

20 (4) Order testimony to be taken by deposition 

21 before any person who is designated by such Sec22 retary and who has the power to administer oaths, 

23 and to compel testimony and the production of evi24 dence in the same manner as authorized under para25 graph (3) of this subsection. 


pwalker on DSK5TPTVN1PROD with BILLS
136 

•HR 3446 IH

1 (5) Pay witnesses the same fees and mileage as 

2 are paid in like circumstances in the courts of the 

3 United States. 

4 (c) ENFORCEMENT.—In cases of refusal to obey a 

5 subpoena served upon any person under this section, the 

6 district court of the United States for any district in which 

7 such person is found, resides, or transacts business, upon 

8 application by the Attorney General at the request of the 

9 Secretary concerned and after notice to such person, shall 

10 have jurisdiction to issue an order requiring such person 

11 to appear and produce documents before the Secretary 

12 concerned. Any failure to obey such order of the court may 

13 be punished by such court as contempt thereof and subject 

14 to a penalty of up to $10,000 a day. 

15 (d) ENTRY AND ACCESS.—Without advance notice 

16 and upon presentation of appropriate credentials, the Sec17 retary or any authorized representative thereof— 

18 (1) shall have the right of entry to, upon, or 

19 through the site of any claim, mineral activities, or 

20 any premises in which any records required to be 

21 maintained under this title are located; 

22 (2) may at reasonable times, and without delay, 

23 have access to records, inspect any monitoring 

24 equipment, or review any method of operation re25 quired under this title; 


pwalker on DSK5TPTVN1PROD with BILLS
137 

•HR 3446 IH

1 (3) may engage in any work and do all things 

2 necessary or expedient to implement and administer 

3 the provisions of this title; and 

4 (4) may, if accompanied by any appropriate law 

5 enforcement officer, or an appropriate law enforce6 ment officer alone, stop and inspect any motorized 

7 form of transportation which is not on a claim site 

8 if he or she has probable cause to believe such vehi9 cle is carrying hardrock minerals, concentrates, or 

10 products derived therefrom from a claim site on 

11 Federal lands or allocated to such claim site. Such 

12 inspection shall be for the purpose of determining 

13 whether the operator of such vehicle has the docu14 mentation required by law, if such documentation is 

15 required under this title. 

16 SEC. 644. REGULATIONS. 

17 The Secretary and the Secretary of Agriculture shall 

18 issue such regulations as are necessary to implement this 

19 Act. The regulations implementing subtitle B, subtitle C, 

20 subtitle D, and subtitle E that affect the Forest Service 

21 shall be joint regulations issued by both Secretaries, and 

22 shall be issued no later than 180 days after the date of 

23 enactment of this Act. 


pwalker on DSK5TPTVN1PROD with BILLS
138 

•HR 3446 IH

1 SEC. 645. AVAILABILITY OF PUBLIC RECORDS. 

2 Copies of records, reports, inspection materials, or in3 formation obtained by the Secretary or the Secretary of 

4 Agriculture under this title shall be made immediately 

5 available to the public, consistent with section 552 of title 

6 5, United States Code, in central and sufficient locations 

7 in the county, multicounty, and State area of mineral ac8 tivity or reclamation so that such items are conveniently 

9 available to residents in the area proposed or approved for 

10 mineral activities and on the Internet. 

11 TITLE VII—ADMINISTRATIVE 

12 COST RECOVERY 

13 SEC. 701. SHORT TITLE. 

14 This title may be cited as the ‘‘Administrative Cost 

15 Recovery for Oil and Natural Gas on Public Lands Act 

16 of 2011’’. 

17 SEC. 702. MAKING PERMANENT NET RECEIPTS SHARING 

18 FOR ENERGY MINERALS. 

19 Section 35(b) of the Mineral Leasing Act (30 U.S.C. 

20 191(b)) is amended to read as follows: 

21 ‘‘(b) DEDUCTION FOR ADMINISTRATIVE COSTS.—In 

22 determining the amount of payments to the States under 

23 this section, beginning in fiscal year 2013 and for each 

24 year thereafter, the amount of such payments shall be re25 duced by 2 percent for any administrative or other costs 

26 incurred by the United States in carrying out the program 


pwalker on DSK5TPTVN1PROD with BILLS
139 

•HR 3446 IH

1 authorized by this Act and that amount shall be deposited 

2 to miscellaneous receipts in the Treasury.’’. 

Æ 


pwalker on DSK5TPTVN1PROD with BILLS