I

104TH CONGRESS

2D SESSION H. R. 3102

To amend the Internal Revenue Code of 1986 with respect to treatment

of corporations, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 14, 1996

Mr. VISCLOSKY introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Resources, and Agriculture, for a period to be subsequently determined by

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Internal Revenue Code of 1986 with respect

to treatment of corporations, 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 ‘‘Common Sense Cor5 porate Responsibility Act of 1996’’.
2

•HR 3102 IH

1 TITLE I—CORPORATE TAX AND

2 AGRICULTURAL RELATED

3 PROVISIONS

4 SEC. 101. REPEAL OF ELECTION TO TAKE PERCENTAGE

5 CREDIT UNDER PUERTO RICO AND POSSES6 SION TAX CREDIT.

7 (a) IN GENERAL.—Paragraph (4) of section 936(a)

8 of the Internal Revenue Act of 1986 (relating to Puerto

9 Rico and possession tax credit) is amended by striking

10 subparagraph (B).

11 (b) TERMINATION OF EXISTING ELECTIONS.—No

12 election under subparagraph (B) of section 936(a)(4) of

13 such Code (as in effect on the day before the date of the

14 enactment of this Act) shall apply for any taxable year

15 beginning after December 31, 1995.

16 (c) REVOCATION OF SECTION 936 ELECTION WITH17 OUT CONSENT OF SECRETARY.—Notwithstanding section

18 936(e)(2)(A) of such Code, a taxpayer may revoke the

19 election under subsection (a) of section 936 of such Code

20 without the consent of the Secretary of the Treasury if

21 the taxpayer had in effect, for the last taxable year ending

22 on or before December 31, 1995, an election under sub23 paragraph (B) of section 936(a)(4) of such Code (as in

24 effect on the day before the date of the enactment of this

25 Act). This subsection shall apply only with respect to rev-
3

•HR 3102 IH

1 ocations made for the first taxable year beginning after

2 December 31, 1995.

3 (d) EFFECTIVE DATE.—The amendment made by

4 this section shall apply to taxable years beginning after

5 December 31, 1995.

6 SEC. 102. ELIMINATION OF EXCLUSION OF CERTAIN IN7 COME OF FOREIGN SALES CORPORATIONS.

8 (a) IN GENERAL.—Section 921 of the Internal Reve9 nue Code of 1986 (relating to exempt foreign trade income

10 excluded from gross income) is amended by adding at the

11 end the following new subsection:

12 ‘‘(e) TERMINATION.—This section shall not apply to

13 any taxable year beginning after December 31, 1995.’’

14 (b) EFFECTIVE DATE.—The amendment made by

15 this section shall apply to taxable years beginning after

16 December 31, 1995.

17 SEC. 103. REPEAL OF INCENTIVES FOR ALCOHOL FUELS.

18 (a) REPEAL.—Section 40 of the Internal Revenue

19 Code of 1986 is repealed.

20 (b) CONFORMING REDUCTIONS OF OTHER INCEN21 TIVES FOR ETHANOL FUEL.—

22 (1) REPEAL OF REDUCED RATE ON ETHANOL

23 FUEL PRODUCED OTHER THAN FROM PETROLEUM

24 OR NATURAL GAS.—Subsection (b) of section 4041

25 is amended to read as follows:
4

•HR 3102 IH

1 ‘‘(b) EXEMPTION FOR OFF-HIGHWAY BUSINESS

2 USE.—

3 ‘‘(1) IN GENERAL.—No tax shall be imposed by

4 subsection (a) or (d)(1) on liquids sold for use or

5 used in an off-highway business use.

6 ‘‘(2) TAX WHERE OTHER USE.—If a liquid on

7 which no tax was imposed by reason of paragraph

8 (1) is used otherwise than in an off-highway busi9 ness use, a tax shall be imposed by paragraph

10 (1)(B), (2)(B), or (3)(A)(ii) of subsection (a)

11 (whichever is appropriate) and by the corresponding

12 provision of subsection (d)(1) (if any).

13 ‘‘(3) OFF-HIGHWAY BUSINESS USE DEFINED.—

14 For purposes of this subsection, the term ‘off-high15 way business use’ has the meaning given to such

16 term by section 6421(e)(2); except that such term

17 shall not, for purposes of subsection (a)(1), include

18 use in a diesel-powered train.’’

19 (2) REPEAL OF REDUCED RATE ON ETHANOL

20 FUEL PRODUCED FROM NATURAL GAS.—Subsection

21 (m) of section 4041 is amended—

22 (A) by striking ‘‘or ethanol’’ each place it

23 appears (including the heading of paragraph

24 (2)), and
5

•HR 3102 IH

1 (B) by striking ‘‘, ethanol, or other alco2 hol’’ in paragraph (2) and inserting ‘‘or other

3 alcohol (other than ethanol)’’.

4 (c) CONFORMING AMENDMENTS TO EXCISE TAXES;

5 FUEL ALCOHOL TAXED IN SAME MANNER AS OTHER

6 MOTOR FUELS.—

7 (1) IN GENERAL.—Paragraph (1) of section

8 4083(a) (defining taxable fuel) is amended by strik9 ing ‘‘and’’ at the end of subparagraph (A), by strik10 ing the period at the end of subparagraph (B) and

11 inserting ‘‘, and’’, and by adding at the end the fol12 lowing:

13 ‘‘(C) fuel alcohol.’’

14 (2) FUEL ALCOHOL.—Subsection (a) of section

15 4083 is amended by adding at the end the following

16 new paragraph:

17 ‘‘(4) FUEL ALCOHOL.—The term ‘fuel alcohol’

18 means any alcohol (including ethanol and meth19 anol)—

20 ‘‘(A) which is produced other than from

21 petroleum, natural gas, or coal (including peat),

22 and

23 ‘‘(B) which is withdrawn from the distillery

24 where produced free of tax under chapter 51 by
6

•HR 3102 IH

1 reason of section 5181 or so much of section

2 5214(a)(1) as relates to fuel use.’’

3 (3) RATE OF TAX.—Clause (i) of section

4 4081(a)(2)(A) is amended by inserting ‘‘or fuel alco5 hol’’ after ‘‘gasoline’’.

6 (4) SPECIAL RULES FOR IMPOSITION OF TAX.—

7 Paragraph (1) of section 4081(a) is amended by

8 adding at the end the following new subparagraph:

9 ‘‘(C) SPECIAL RULES FOR FUEL ALCO10 HOL.—In the case of fuel alcohol—

11 ‘‘(i) the distillery where produced shall

12 be treated as a refinery, and

13 ‘‘(ii) subparagraph (B) shall be ap14 plied by including transfers by truck or rail

15 in excess of such minimum quantities as

16 the Secretary shall prescribe.’’

17 (5) REPEAL OF REDUCED RATES ON ALCOHOL

18 FUELS.—

19 (A) Section 4041 is amended by striking

20 subsection (k).

21 (B) Section 4081 is amended by striking

22 subsection (c).

23 (C) Section 4091 is amended by striking

24 subsection (c).

25 (6) CONFORMING AMENDMENTS.—
7

•HR 3102 IH

1 (A) Paragraph (2) of section 4041(a) is

2 amended by adding at the end the following:

3 ‘‘No tax shall be imposed by this paragraph on

4 the sale or use of any liquid if tax was imposed

5 on such liquid under section 4081 and the tax

6 thereon was not credited or refunded.’’

7 (B) Section 6427 is amended by striking

8 subsection (f).

9 (C) Subsection (i) of section 6427 is

10 amended by striking paragraph (3).

11 (D) Paragraph (2) of section 6427(k) is

12 amended by striking ‘‘(3)’’.

13 (E)(i) Paragraph (1) of section 6427(l) is

14 amended by striking ‘‘or’’ at the end of sub15 paragraph (A), by redesignating subparagraph

16 (B) as subparagraph (C), and by inserting after

17 subparagraph (A) the following new subpara18 graph:

19 ‘‘(B) any fuel alcohol (as defined in section

20 4083) on which tax has been imposed by sec21 tion 4081, or’’.

22 (ii) Paragraph (2) of section 6427(l) is

23 amended by striking ‘‘and’’ at the end of sub24 paragraph (A), by redesignating subparagraph

25 (B) as subparagraph (C), and by inserting after
8

•HR 3102 IH

1 subparagraph (A) the following new subpara2 graph:

3 ‘‘(B) in the case of fuel alcohol (as so de4 fined), any use which is exempt from the tax

5 imposed by section 4041(a)(2) other than by

6 reason of a prior imposition of tax, and’’.

7 (iii) The heading of subsection (l) of sec8 tion 6427 is amended by inserting ‘‘, FUEL AL9 COHOL,’’ after ‘‘DIESEL FUEL’’.

10 (F) Sections 9503(b)(1)(E) and

11 9508(b)(2) are each amended by striking ‘‘and

12 kerosene’’ and inserting ‘‘kerosene, and fuel al13 cohol’’.

14 (G) Section 9502 is amended by striking

15 subsection (e) and by redesignating subsection

16 (f) as subsection (e).

17 (H) Subsection (e) of section 9502 (as re18 designated by subparagraph (I)) is amended by

19 striking paragraph (2) and by redesignating

20 paragraph (3) as paragraph (2).

21 (I) Subsection (b) of section 9503 is

22 amended by striking paragraph (5).

23 (J) Paragraph (3) of section 9503(f) is

24 amended to read as follows:
9

•HR 3102 IH

1 ‘‘(3) PARTIALLY EXEMPT METHANOL OR ETHA2 NOL FUEL.—In the case of a rate of tax determined

3 under section 4041(m), the Highway Trust Fund fi4 nancing rate is the excess (if any) of the rate so de5 termined over—

6 ‘‘(A) 5.55 cents per gallon after September

7 30, 1993, and before October 1, 1995, and

8 ‘‘(B) 4.3 cents per gallon after September

9 30, 1995.’’

10 (d) EFFECTIVE DATE.—

11 (1) REPEAL OF THE CREDIT.—The repeal made

12 by subsection (a) shall apply to taxable years begin13 ning after December 31, 1995.

14 (2) AMENDMENTS RELATING TO EXCISE

15 TAXES.—The amendments made by subsections (b)

16 and (c) shall take effect on January 1, 1996.

17 (e) FLOOR STOCK TAXES.—

18 (1) IMPOSITION OF TAX.—In the case of fuel al19 cohol which is held on January 1, 1996, by any per20 son, there is hereby imposed a floor stocks tax of

21 18.4 cents per gallon.

22 (2) LIABILITY FOR TAX AND METHOD OF PAY23 MENT.—

24 (A) LIABILITY FOR TAX.—A person hold25 ing fuel alcohol on January 1, 1996, to which
10

•HR 3102 IH

1 the tax imposed by paragraph (1) applies shall

2 be liable for such tax.

3 (B) METHOD OF PAYMENT.—The tax im4 posed by paragraph (1) shall be paid in such

5 manner as the Secretary shall prescribe.

6 (C) TIME FOR PAYMENT.—The tax im7 posed by paragraph (1) shall be paid on or be8 fore June 30, 1996.

9 (3) DEFINITIONS.—For purposes of this sub10 section—

11 (A) FUEL ALCOHOL.—The term ‘‘fuel alco12 hol’’ has the meaning given such term by sec13 tion 4083 of the Internal Revenue Code of

14 1986, as amended by this section.

15 (B) HELD BY A PERSON.—Fuel alcohol

16 shall be considered as ‘‘held by a person’’ if

17 title thereto has passed to such person (whether

18 or not delivery to the person has been made).

19 (C) SECRETARY.—The term ‘‘Secretary’’

20 means the Secretary of the Treasury or his del21 egate.

22 (4) EXCEPTION FOR EXEMPT USES.—The tax

23 imposed by paragraph (1) shall not apply to fuel al24 cohol held by any person exclusively for any use to

25 the extent a credit or refund of the tax imposed by
11

•HR 3102 IH

1 section 4081 of the Internal Revenue Code of 1986

2 is allowable for such use.

3 (5) EXCEPTION FOR FUEL HELD IN VEHICLE

4 TANK.—No tax shall be imposed by paragraph (1)

5 on fuel alcohol held in the tank of a motor vehicle

6 or motorboat.

7 (6) EXCEPTION FOR CERTAIN AMOUNTS OF

8 FUEL.—

9 (A) IN GENERAL.—No tax shall be im10 posed by paragraph (1) on fuel alcohol held on

11 January 1, 1996, by any person if the aggre12 gate amount of fuel alcohol held by such person

13 on such date does not exceed 2,000 gallons.

14 The preceding sentence shall apply only if such

15 person submits to the Secretary (at the time

16 and in the manner required by the Secretary)

17 such information as the Secretary shall require

18 for purposes of this paragraph.

19 (B) EXEMPT FUEL.—For purposes of sub20 paragraph (A), there shall not be taken into ac21 count fuel held by any person which is exempt

22 from the tax imposed by paragraph (1) by rea23 son of paragraph (4) or (5).

24 (C) CONTROLLED GROUPS.—For purposes

25 of this paragraph—
12

•HR 3102 IH

1 (i) CORPORATIONS.—

2 (I) IN GENERAL.—All persons

3 treated as a controlled group shall be

4 treated as 1 person.

5 (II) CONTROLLED GROUP.—The

6 term ‘‘controlled group’’ has the

7 meaning given to such term by sub8 section (a) of section 1563 of such

9 Code; except that for such purposes

10 the phrase ‘‘more than 50 percent’’

11 shall be substituted for the phrase ‘‘at

12 least 80 percent’’ each place it ap13 pears in such subsection.

14 (ii) NONINCORPORATED PERSONS

15 UNDER COMMON CONTROL.—Under regula16 tions prescribed by the Secretary, prin17 ciples similar to the principles of clause (i)

18 shall apply to a group of persons under

19 common control where 1 or more of such

20 persons is not a corporation.

21 (7) OTHER LAWS APPLICABLE.—All provisions

22 of law, including penalties, applicable with respect to

23 the taxes imposed by section 4081 of such Code

24 shall, insofar as applicable and not inconsistent with

25 the provisions of this subsection, apply with respect
13

•HR 3102 IH

1 to the floor stock taxes imposed by paragraph (1) to

2 the same extent as if such taxes were imposed by

3 such section 4081.

4 SEC. 104. COST OF WATER USED TO PRODUCE SURPLUS

5 CROPS.

6 Section 9 of the Reclamation Project Act of 1939 (43

7 U.S.C. 485h) is amended by inserting at the end thereof

8 the following new subsection:

9 ‘‘(g)(1) Any contract entered into under authority of

10 this section or any other provision of Federal reclamation

11 law shall require that the organization agree by contract

12 with the Secretary to pay full cost for the delivery of water

13 used in the production of any crop of an agricultural com14 modity for which an acreage reduction program is in effect

15 under the provisions of the Agricultural Act of 1949 (7

16 U.S.C. 1421 et seq.).

17 ‘‘(2) The Secretary shall announce the amount of the

18 full cost payment for the succeeding year on or before July

19 1 of each year.

20 ‘‘(3) As used in this subsection, the term ‘full cost’

21 shall have the meaning given such term in paragraph (3)

22 of section 202 of the Reclamation Reform Act of 1982

23 (43 U.S.C. 390bb(3)).
14

•HR 3102 IH

1 ‘‘(4) Paragraph (1) shall apply to any contract en2 tered into or amended after the date of enactment of this

3 subsection.’’.

4 SEC. 105. REPEAL OF TITLE III OF AGRICULTURAL TRADE

5 ACT OF 1978.

6 Title III of the Agricultural Trade Act of 1978 (7

7 U.S.C. 5651 et seq.) is repealed.

8 SEC. 106. REPEAL OF SECTION 203 OF AGRICULTURAL

9 TRADE ACT OF 1978.

10 Section 203 of the Agricultural Trade Act of 1978

11 (7 U.S.C. 5623) is repealed.

12 TITLE II—MINERAL EXPLO13 RATION AND DEVELOPMENT

14 Subtitle A—Mineral Exploration

15 and Development

16 SEC. 201. SHORT TITLE, FINDINGS AND PURPOSES.

17 (a) SHORT TITLE.—This title may be cited as the

18 ‘‘Mineral Exploration and Development Act of 1996’’.

19 (b) FINDINGS.—Congress finds and declares the fol20 lowing:

21 (1) The general mining laws, commonly re22 ferred to as the Mining Law of 1872, at one time

23 promoted the development of the West and provided

24 a framework for the exploitation of Federal mineral

25 resources.
15

•HR 3102 IH

1 (2) Congress recognized that the public interest

2 was no longer being advanced under the Mining Law

3 of 1872 when, in 1920, it removed energy minerals

4 and minerals chiefly valuable for agricultural use,

5 and in 1955, removed common varieties of mineral

6 materials, from the scope of the general mining laws

7 and made such minerals available under regimes

8 which provide for a financial return to the public for

9 the disposition of such minerals and which better

10 safeguard the environment.

11 (3) The Mining Law of 1872 no longer fosters

12 the efficient and diligent development of those min13 eral resources still under its scope, giving rise to

14 speculation and nonmining uses of lands chiefly val15 uable for minerals.

16 (4) The Mining Law of 1872 does not provide

17 for a financial return to the American people for use

18 by claim holders of public domain lands or for the

19 disposition of valuable mineral resources from such

20 lands.

21 (5) The Mining Law of 1872 continues to

22 transfer lands valuable for mineral resources from

23 the public domain to private ownership for less than

24 the fair market value of such lands and mineral re25 sources.
16

•HR 3102 IH

1 (6) There are a substantial number of acres of

2 land throughout the Nation disturbed by mining ac3 tivities conducted under the Mining Law of 1872 on

4 which little or no reclamation was conducted, and

5 the impacts from these unreclaimed lands pose a

6 threat to the public health, safety, and general wel7 fare and to environmental quality.

8 (7) Activities under the Mining Law of 1872

9 continue to result in disturbances of surface areas

10 and water resources which burden and adversely af11 fect the public welfare by destroying or diminishing

12 the utility of public domain lands for other appro13 priate uses and by creating hazards dangerous to

14 the public health and safety and to the environment.

15 (8) Existing Federal law and regulations, as

16 well as applicable State laws, have proven to be in17 adequate to ensure that active mining operations

18 under the Mining Law of 1872 will not leave to fu19 ture generations a new legacy of hazards associated

20 with unreclaimed mined lands.

21 (9) The public interest is no longer being served

22 by archaic features of the Mining Law of 1872 that

23 thwart the efficient exploration and development of

24 those minerals which remain under its scope and
17

•HR 3102 IH

1 which conflict with modern public land use manage2 ment philosophies.

3 (10) The public is justified in expecting the dili4 gent development of its mineral resources, a finan5 cial return for the use of public domain lands for

6 mineral activities as well as for the disposition of

7 valuable mineral resources from such lands.

8 (11) It is not in the public interest for public

9 domain lands to be sold far below fair market value

10 nor does this aspect of the Mining Law of 1872

11 comport with modern Federal land policy which is

12 grounded on the retention of public domain lands

13 under the principles of multiple use.

14 (12) Mining and reclamation technology is now

15 developed so that effective and reasonable regulation

16 of operations by the Federal Government in accord17 ance with this title is an appropriate and necessary

18 means to minimize so far as practicable the adverse

19 social, economic and environmental effects of such

20 mining operations.

21 (13) Mining activities on public domain lands

22 affect interstate commerce, contribute to the eco23 nomic well-being, security and general welfare of the

24 Nation and should be conducted in an environ25 mentally sound manner.
18

•HR 3102 IH

1 (14) It is necessary that any revision of the

2 general mining laws insure that a domestic supply of

3 hardrock minerals be made available to the domestic

4 economy of the United States.

5 (15) America’s economy still depends heavily on

6 hardrock minerals and a strong environmentally

7 sound mining industry is critical to the domestic

8 minerals supply.

9 (16) Many of the deposits of hardrock minerals

10 remain to be discovered on the Federal public do11 main.

12 (17) Private enterprise must be given adequate

13 incentive to engage in a capital-intensive industry

14 such as hardrock mining.

15 (18) The United States, as owner of the public

16 domain, has a dual interest in insuring a fair return

17 for mining on the public domain and insuring that

18 any royalty and fees charged do not discourage es19 sential mining activity on the public domain.

20 (19) The domestic mining industry provides

21 thousands of jobs directly and indirectly to the do22 mestic economy and those jobs must be preserved

23 and encouraged by a sound Federal policy regarding

24 mining on Federal lands.

25 (c) PURPOSE.—It is the purpose of this title—
19

•HR 3102 IH

1 (1) to devise a more socially, fiscally and envi2 ronmentally responsible regime to govern the use of

3 public domain lands for the exploration and develop4 ment of those minerals not subject to mineral leas5 ing acts or mineral materials statutes;

6 (2) to provide for a fair return to the public for

7 the use of public domain lands for mineral activities

8 and for the disposition of minerals from such lands;

9 (3) to foster the diligent development of mineral

10 resources on public domain lands in a manner that

11 is compatible with other resource values and envi12 ronmental quality;

13 (4) to promote the restoration of mined areas

14 left without adequate reclamation prior to the enact15 ment of this Act and which continue, in their

16 unreclaimed condition, to substantially degrade the

17 quality of the environment, prevent the beneficial

18 use of land or water resources, and endanger the

19 health and safety of the public;

20 (5) to assure that appropriate procedures are

21 provided for public participation in the development,

22 revision and enforcement of regulations, standards

23 and programs established under this title; and

24 (6) to, whenever necessary, exercise the full

25 reach of Federal constitutional powers to ensure the
20

•HR 3102 IH

1 protection of the public interest through the effective

2 control of mineral exploration and development ac3 tivities.

4 SEC. 202. DEFINITIONS AND REFERENCES.

5 (a) DEFINITIONS.—As used in this title:

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

7 any person, any of the following:

8 (A) Any person who controls, is controlled

9 by, or is under common control with such per10 son.

11 (B) Any partner of such person.

12 (C) Any person owning at least 10 percent

13 of the voting shares of such person.

14 (2) The term ‘‘applicant’’ means any person ap15 plying for a permit under this title or a modification

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

17 (3) The term ‘‘beneficiation’’ means the crush18 ing and grinding of locatable mineral ore and such

19 processes as are employed to free the mineral from

20 other constituents, including but not necessarily lim21 ited to, physical and chemical separation techniques.

22 (4) The term ‘‘claim holder’’ means a person

23 holding a mining claim located or converted under

24 this title. Such term may include an agent of a claim

25 holder.
21

•HR 3102 IH

1 (5) The term ‘‘control’’ means having the abil2 ity, directly or indirectly, to determine (without re3 gard to whether exercised through one or more cor4 porate structures) the manner in which an entity

5 conducts mineral activities, through any means, in6 cluding without limitation, ownership interest, au7 thority to commit the entity’s real or financial as8 sets, position as a director, officer, or partner of the

9 entity, or contractual arrangement. The Secretary

10 and the Secretary of Agriculture shall jointly pro11 mulgate such rules as may be necessary under this

12 paragraph.

13 (6) The term ‘‘exploration’’ means those tech14 niques employed to locate the presence of a locatable

15 mineral deposit and to establish its nature, position,

16 size, shape, grade and value not associated with min17 ing, beneficiation, processing or marketing of min18 erals.

19 (7) The term ‘‘Indian lands’’ means lands held

20 in trust for the benefit of an Indian tribe or individ21 ual or held by an Indian tribe or individual subject

22 to a restriction by the United States against alien23 ation.

24 (8) The term ‘‘Indian tribe’’ means any Indian

25 tribe, band, nation, pueblo, or other organized group
22

•HR 3102 IH

1 or community, including any Alaska Native village

2 or regional corporation as defined in or established

3 pursuant to the Alaska Native Claims Settlement

4 Act (43 U.S.C. 1601 et seq.), which is recognized as

5 eligible for the special programs and services pro6 vided by the United States to Indians because of

7 their status as Indians.

8 (9) The term ‘‘land use plans’’ means those

9 plans required under section 202 of the Federal

10 Land Policy and Management Act of 1976 (43

11 U.S.C. 1712) or the land management plans for Na12 tional Forest System units required under section 6

13 of the Forest and Rangeland Renewable Resources

14 Planning Act of 1974 (16 U.S.C. 1604), whichever

15 is applicable.

16 (10) The term ‘‘legal subdivisions’’ means an

17 aliquot quarter quarter section of land as established

18 by the official records of the public land survey sys19 tem, or a single lot as established by the official

20 records of the public land survey system if the perti21 nent section is irregular and contains fractional lots,

22 as the case may be.

23 (11)(A) The term ‘‘locatable mineral’’ means

24 any mineral, the legal and beneficial title to which
23

•HR 3102 IH

1 remains in the United States and which is not sub2 ject to disposition under any of the following:

3 (i) The Mineral Leasing Act (30 U.S.C.

4 181 and following).

5 (ii) The Geothermal Steam Act of 1970

6 (30 U.S.C. 1001 and following).

7 (iii) The Act of July 31, 1947, commonly

8 known as the Materials Act of 1947 (30 U.S.C.

9 601 and following).

10 (iv) The Mineral Leasing for Acquired

11 Lands Act (30 U.S.C. 351 and following).

12 (B) The term ‘‘locatable mineral’’ does not in13 clude any mineral held in trust by the United States

14 for any Indian or Indian tribe, as defined in section

15 2 of the Indian Mineral Development Act of 1982

16 (25 U.S.C. 2101), or any mineral owned by any In17 dian or Indian tribe, as defined in that section, that

18 is subject to a restriction against alienation imposed

19 by the United States.

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

21 activity on Federal lands for, related to, or inciden22 tal to, mineral exploration, mining, beneficiation,

23 processing, or reclamation activities for any locatable

24 mineral.
24

•HR 3102 IH

1 (13) The term ‘‘mining’’ means the processes

2 employed for the extraction of a locatable mineral

3 from the earth.

4 (14) The term ‘‘mining claim’’ means a claim

5 for the purposes of mineral activities.

6 (15) The term ‘‘National Conservation System

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

8 National Wildlife Refuge System, National Wild and

9 Scenic Rivers System, National Trails System, or a

10 National Conservation Area, National Recreation

11 Area, a National Forest Monument or any unit of

12 the National Wilderness Preservation System.

13 (16) The term ‘‘operator’’ means any person,

14 conducting mineral activities subject to this title or

15 any agent of such a person.

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

17 Indian tribe, partnership, association, society, joint

18 venture, joint stock company, firm, company, cor19 poration, cooperative or other organization and any

20 instrumentality of State or local government includ21 ing any publicly owned utility or publicly owned cor22 poration of State or local government.

23 (18) The term ‘‘processing’’ means processes

24 downstream of beneficiation employed to prepare

25 locatable mineral ore into the final marketable prod-
25

•HR 3102 IH

1 uct, including but not limited to, smelting and elec2 trolytic refining.

3 (19) The term ‘‘Secretary’’ means the Secretary

4 of the Interior, unless otherwise specified.

5 (20) The term ‘‘surface management require6 ments’’ means the requirements and standards of

7 subtitle B, and such other standards as are estab8 lished by the Secretary governing mineral activities

9 pursuant to this title.

10 (b) REFERENCES.—(1) Any reference in this title to

11 the term ‘‘general mining laws’’ is a reference to those

12 Acts which generally comprise chapters 2, 12A, and 16,

13 and sections 161 and 162 of title 30 of the United States

14 Code.

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

16 23, 1955’’, is a reference to the Act of July 23, 1955,

17 entitled ‘‘An Act to amend the Act of July 31, 1947 (61

18 Stat. 681) and the mining laws to provide for multiple

19 use of the surface of the same tracts of the public lands,

20 and for other purposes’’ (30 U.S.C. 601 and following).

21 SEC. 203. LANDS OPEN TO LOCATION.

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

23 in subsection (b), mining claims may be located under this

24 title on lands and interests in lands owned by the United

25 States if—
26

•HR 3102 IH

1 (1) such lands and interests were open to the

2 location of mining claims under the general mining

3 laws on the date of enactment of this Act; or

4 (2) such lands and interests are opened to the

5 location of mining claims after the date of enact6 ment of this Act by reason of any administrative ac7 tion or statute.

8 (b) LANDS NOT OPEN TO LOCATION.—

9 (1) IN GENERAL.—Notwithstanding any other

10 provision of law and subject to valid existing rights,

11 each of the following shall not be open to the loca12 tion of mining claims under this title on or after the

13 date of enactment of this Act:

14 (A) Lands recommended for wilderness

15 designation by the agency managing the sur16 face, pending a final determination by the Con17 gress of the status of such recommended lands.

18 (B) Lands being managed by the Sec19 retary, acting through Bureau of Land Manage20 ment, as wilderness study areas on the date of

21 enactment of this Act except where the location

22 of mining claims is specifically allowed to con23 tinue by the statute designating the study area,

24 pending a final determination by the Congress

25 of the status of such lands.
27

•HR 3102 IH

1 (C)(i) Lands under study for inclusion in

2 the National Wild and Scenic River System

3 pursuant to section 5(a) of the Wild and Scenic

4 Rivers Act (16 U.S.C. 1276(a)), pending a final

5 determination by the Congress of the status of

6 such lands, and (ii) lands determined by a Fed7 eral agency under section 5(d) of such Act to

8 be eligible for inclusion in such system, pending

9 a final determination by the Congress of the

10 status of such lands.

11 (D) Lands withdrawn from mineral activi12 ties under authority of other law.

13 (2) DEFINITION.—(A) As used in this sub14 section, the term ‘‘valid existing rights’’ refers to a

15 mining claim located on lands described in para16 graph (1) of subsection (a) that—

17 (i) was properly located and maintained

18 under this title prior to and on the applicable

19 date, or

20 (ii) was properly located and maintained

21 under the general mining laws prior to the ap22 plicable date, and

23 (I) was supported by a discovery of a

24 valuable mineral deposit within the mean-
28

•HR 3102 IH

1 ing of the general mining laws on the ap2 plicable date, and

3 (II) continues to be valid under this

4 title.

5 (B) As used in this paragraph, the term ‘‘appli6 cable date’’ means one of the following:

7 (i) In the case of lands described in para8 graph (1)(A), such term means the date of the

9 recommendation referred to in paragraph

10 (1)(A) if such recommendation is made on or

11 after the enactment of this Act.

12 (ii) In the case of lands described in para13 graph (1)(A), if the recommendation referred to

14 in paragraph (1)(A) was made before the enact15 ment of this Act, such term means the earlier

16 of (I) the date of enactment of this Act or (II)

17 the date of any withdrawal of such lands from

18 mineral activities.

19 (iii) For lands described in paragraph

20 (1)(B), such term means the date of the enact21 ment of this Act.

22 (iv) For lands referred to in paragraph

23 (1)(C)(i), such term means the date of the en24 actment of the amendment to the Wild and Sce25 nic Rivers Act listing the river segment for
29

•HR 3102 IH

1 study and for lands referred to in paragraph

2 (1)(C)(ii), such term means the date of the eli3 gibility determination.

4 (v) For lands referred to in paragraph

5 (1)(D), such term means the date of the with6 drawal.

7 SEC. 204. RIGHTS UNDER THIS TITLE.

8 The holder of a mining claim located or converted

9 under this title and maintained in compliance with this

10 title shall have the exclusive right of possession and use

11 of the claimed land for mineral activities, including the

12 right of ingress and egress to such claimed lands for such

13 activities, subject to the rights of the United States under

14 this title and other applicable Federal law. Such rights of

15 the claim holder shall terminate upon completion of min16 eral activities of lands to the satisfaction of the Secretary.

17 In cases where an area is determined unsuitable under

18 section 219, holders of claims converted or located under

19 this title shall be entitled to receive a refund of claim

20 maintenance fees.

21 SEC. 205. LOCATION OF MINING CLAIMS.

22 (a) GENERAL RULE.—A person may locate a mining

23 claim covering lands open to the location of mining claims

24 by posting a notice of location, containing the person’s

25 name and address, the time of location (which shall be
30

•HR 3102 IH

1 the date and hour of location and posting), and a legal

2 description of the claim. The notice of location shall be

3 posted on a suitable, durable monument erected as near

4 as practicable to the northeast corner of the mining claim.

5 No person who is not a citizen of the United States, or

6 a corporation organized under the laws of the United

7 States or of any State or the District of Columbia may

8 locate or hold a claim under this title. On or after the

9 enactment of this Act, a mining claim for a locatable min10 eral on lands open to location—

11 (1) may be located only in accordance with this

12 title,

13 (2) may be maintained only as provided in this

14 title, and

15 (3) shall be subject to the requirements of this

16 title.

17 (b) USE OF PUBLIC LAND SURVEY.—Except as pro18 vided in subsection (c), each mining claim located under

19 this title shall (1) be located in accordance with the public

20 land survey system, and (2) conform to the legal subdivi21 sions thereof. Except as provided in subsection (c)(1), the

22 legal description of the mining claim shall be based on the

23 public land survey system and its legal subdivisions.
31

•HR 3102 IH

1 (c) EXCEPTIONS.—(1) If only a protracted survey ex2 ists for the public lands concerned, each of the following

3 shall apply in lieu of subsection (b):

4 (A) The legal description of the mining claim

5 shall be based on the protracted survey and the min6 ing claim shall be located as near as practicable in

7 conformance with a protracted legal subdivision.

8 (B) The mining claim shall be monumented on

9 the ground by the erection of a suitable, durable

10 monument at each corner of the claim.

11 (C) The legal description of the mining claim

12 shall include a reference to any existing survey

13 monument, or where no such monument can be

14 found within a reasonable distance, to a permanent

15 and conspicuous natural object.

16 (2) If no survey exists for the public lands concerned,

17 each of the following shall apply in lieu of subsection (b):

18 (A) The mining claim shall be a regular square,

19 with each side laid out in cardinal directions, 40

20 acres in size.

21 (B) The claim shall be monumented on the

22 ground by the erection of a suitable durable monu23 ment at each corner of the claim.

24 (C) The legal description of the mining claim

25 shall be expressed in metes and bounds and shall be
32

•HR 3102 IH

1 defined by and referenced to the closest existing sur2 vey monument, or where no such monument can be

3 found within a reasonable distance, to a permanent

4 and conspicuous natural object. Such description

5 shall be of sufficient accuracy and completeness to

6 permit recording of the claim upon the public land

7 records and to permit the claim to be readily found

8 upon the ground.

9 (3) In the case of a conflict between the boundaries

10 of a mining claim as monumented on the ground and the

11 description of such claim in the notice of location referred

12 to in subsection (a), the notice of location shall be deter13 minative, except where determined otherwise by the Sec14 retary.

15 (d) FILING WITH SECRETARY.—(1) Within 30 days

16 after the location of a mining claim pursuant to this sec17 tion, a copy of the notice of location referred to in sub18 section (a) shall be filed with the Secretary in an office

19 designated by the Secretary.

20 (2)(A) Whenever the Secretary receives a copy of a

21 notice of location of a mining claim under this title, the

22 Secretary shall assign a serial number to the mining claim,

23 and immediately return a copy of the notice of location

24 to the locator of the claim, together with a certificate set25 ting forth the serial number, a description of the claim,
33

•HR 3102 IH

1 and the claim maintenance requirements of section 207.

2 The Secretary shall enter the claim on the public land

3 records.

4 (B) Return of the copy of the notice of location and

5 provision of the certificate under subparagraph (A) shall

6 not constitute a determination by the Secretary that a

7 claim is valid. Failure by the Secretary to provide such

8 copy and certificate shall not constitute a defense against

9 cancellation of a claim for failure to follow applicable re10 quirements of this title.

11 (3) Notwithstanding any other provision of law, for

12 every unpatented mining claim located after the date of

13 enactment of this Act, the locator shall, at the time the

14 location notice is recorded with the Bureau of Land Man15 agement, pay a location fee of $25.00 per claim. The loca16 tion fee shall be in addition to the claim maintenance fee

17 payable under section 207.

18 (4) Subsections (b) and (c) of section 314 of the Fed19 eral Land Policy and Management Act of 1976 (43 U.S.C.

20 1744(b)) are repealed.

21 (e) CONVERTED CLAIMS.—For mining claims and

22 mill sites deemed converted under this title, for the pur23 poses of complying with the requirements of subsection

24 (d), upon receipt of the initial claim maintenance fee re25 quired under section 207, the Secretary shall issue a cer-
34

•HR 3102 IH

1 tificate referenced in subsection (d)(2) to the holder of the

2 mining claim or mill site.

3 (f) DATE OF LOCATION.—A mining claim located

4 under this title shall be effective based upon the time of

5 location.

6 (g) LANDS COVERED BY CLAIM.—A mining claim lo7 cated or converted under this title shall include all lands

8 and interests in lands open to location within the bound9 aries of the claim, subject to any prior mining claim lo10 cated or converted under this title.

11 (h) CONFLICTING LOCATIONS.—Any conflicts be12 tween the holders of mining claims located or converted

13 under this title relating to relative superiority under the

14 provisions of this title may be resolved in adjudication pro15 ceedings in a court with proper jurisdiction, including, as

16 appropriate, State courts. It shall be incumbent upon the

17 holder of a mining claim asserting superior rights in such

18 proceedings to demonstrate that such person was the sen19 ior locator, or if such person is the junior locator, that

20 prior to the location of the claim by such locator—

21 (1) the senior locator failed to file a copy of the

22 notice of location within the time provided under

23 subsection (d); or

24 (2) the amount of claim maintenance fee paid

25 by the senior locator at the time of filing the loca-
35

•HR 3102 IH

1 tion notice referred to in subsection (d) was less

2 than the amount required to be paid by such locator.

3 (i) EXTENT OF MINERAL DEPOSIT.—The boundaries

4 of a mining claim located under this title shall extend ver5 tically downward.

6 SEC. 206. CONVERSION OF EXISTING CLAIMS.

7 (a) EXISTING CLAIMS.—Notwithstanding any other

8 provision of law, on the effective date of this title any

9 unpatented mining claim for a locatable mineral located

10 under the general mining laws prior to the date of enact11 ment of this Act shall become subject to this title’s provi12 sions and shall be deemed a converted mining claim under

13 this title. Nothing in this title shall be construed to affect

14 extralateral rights in any valid lode mining claim existing

15 on the date of enactment of this Act. After the effective

16 date of this title, there shall be no distinction made as

17 to whether such claim was originally located as a lode or

18 placer claim.

19 (b) MILL AND TUNNEL SITES.—On the effective date

20 of this title, any unpatented mill or tunnel site located

21 under the general mining laws before the date of enact22 ment of this Act shall become subject to this title’s provi23 sions and shall be deemed a converted mining claim under

24 this title.
36

•HR 3102 IH

1 (c) POSTCONVERSION.—Any unpatented mining

2 claim or mill site located under the general mining laws

3 shall be deemed to be a prior claim for the purposes of

4 section 205(g) when converted pursuant to subsection (a)

5 or (b).

6 (d) DISPOSITION OF LAND.—In the event a mining

7 claim is located under this title for lands encumbered by

8 a prior mining claim or mill site located under the general

9 mining laws, such lands shall become part of the claim

10 located under this title if the claim or mill site located

11 under the general mining laws is declared null and void

12 under this section or is otherwise declared null and void

13 thereafter.

14 (e) CONFLICTS.—(1) Any conflicts in existence before

15 the effective date of this title between holders of mining

16 claims, mill sites and tunnel sites located under the gen17 eral mining laws shall be subject to, and shall be resolved

18 in accordance with, applicable laws governing such con19 flicts in effect before the effective date of enactment of

20 this Act in a court of proper jurisdiction.

21 (2) Any conflicts not relating to matters provided for

22 under section 205(h) between the holders of a mining

23 claim located under this title and a mining claim, mill,

24 or tunnel site located under the general mining laws aris25 ing either before or after the conversion of any such claim
37

•HR 3102 IH

1 or site under this section shall be resolved in a court with

2 proper jurisdiction.

3 SEC. 207. CLAIM MAINTENANCE REQUIREMENTS.

4 (a) IN GENERAL.—(1) The holder of each mining

5 claim converted pursuant to this title shall pay to the Sec6 retary an annual claim maintenance fee of $100 per claim.

7 (2) The holder of each mining claim located pursuant

8 to this title shall pay to the Secretary an annual claim

9 maintenance fee of $200 per claim.

10 (b) TIME OF PAYMENT.—The claim maintenance fee

11 payable pursuant to subsection (a) for any year shall be

12 paid on or before August 31 of each year, except that in

13 the case of claims referred to in subsection (a)(2), for the

14 initial calendar year in which the location is made, the

15 locator shall pay the initial claim maintenance fee at the

16 time the location notice is recorded with the Bureau of

17 Land Management.

18 (c) OIL SHALE CLAIMS SUBJECT TO CLAIM MAINTE19 NANCE FEES UNDER ENERGY POLICY ACT OF 1992.—

20 This section shall not apply to any oil shale claims for

21 which a fee is required to be paid under section 2511(e)(2)

22 of the Energy Policy Act of 1992 (Public Law 102–486;

23 106 Stat. 3111; 30 U.S.C. 242).

24 (d) CLAIM MAINTENANCE FEES PAYABLE UNDER

25 1993 ACT.—The claim maintenance fees payable under
38

•HR 3102 IH

1 this section for any period with respect to any claim shall

2 be reduced by the amount of the claim maintenance fees

3 paid under section 10101 of the Omnibus Budget Rec4 onciliation Act of 1993 with respect to that claim and with

5 respect to the same period.

6 (e) WAIVER.—(1) The claim maintenance fee re7 quired under this section may be waived for a claim holder

8 who certifies in writing to the Secretary that on the date

9 the payment was due, the claim holder and all related par10 ties held not more than 10 mining claims on lands open

11 to location. Such certification shall be made on or before

12 the date on which payment is due.

13 (2) For purposes of paragraph (1), with respect to

14 any claim holder, the term ‘‘related party’’ means each

15 of the following:

16 (A) The spouse and dependent children (as de17 fined in section 152 of the Internal Revenue Code of

18 1986), of the claim holder.

19 (B) Any affiliate of the claim holder.

20 (f) CO-OWNERSHIP.—Upon the failure of any one or

21 more of several co-owners to contribute such co-owner or

22 owners’ portion of the fee under this section, any co-owner

23 who has paid such fee may, after the payment due date,

24 give the delinquent co-owner or owners notice of such fail25 ure in writing (or by publication in the newspaper nearest
39

•HR 3102 IH

1 the claim for at least once a week for at least 90 days).

2 If at the expiration of 90 days after such notice in writing

3 or by publication, any delinquent co-owner fails or refuses

4 to contribute his portion, his interest in the claim shall

5 become the property of the co-owners who have paid the

6 required fee.

7 (g) FUND.—All monies received under this section

8 shall be deposited in the Abandoned Locatable Minerals

9 Mine Reclamation Fund established under subtitle C of

10 this title.

11 (h) CREDIT AGAINST ROYALTY.—The amount of the

12 annual claim maintenance fee required to be paid under

13 this section for any claim for any period shall be credited

14 against the amount of royalty required to be paid under

15 section 236 for the same period with respect to that claim.

16 SEC. 208. FAILURE TO COMPLY.

17 (a) FORFEITURE.—The failure of the claim holder to

18 file the notice of location, to pay the location fee, or to

19 pay the claim maintenance fee for a mining claim as re20 quired by this subtitle shall be deemed conclusively to con21 stitute forfeiture of the mining claim by operation of law.

22 Forfeiture shall not relieve any person of any obligation

23 created under this title, including reclamation.

24 (b) PROHIBITION.—No claim holder may locate a new

25 claim on the lands such claim holder included in a for-
40

•HR 3102 IH

1 feited claim for 1 year from the date such claim is deemed

2 forfeited.

3 (c) RELINQUISHMENT.—A claim holder deciding not

4 to pursue mineral activities on a claim may relinquish such

5 claim by notifying the Secretary. A claim holder relin6 quishing a claim is responsible for reclamation as required

7 by section 217 of this title and all other applicable require8 ments. A claim holder who relinquishes a claim shall not

9 be subject to the prohibition of subsection (b) of this sec10 tion unless the Secretary determines that the claim is

11 being relinquished and relocated for the purpose of avoid12 ing compliance with any provision of this title, including

13 payment of the claim maintenance fee.

14 SEC. 209. BASIS FOR CONTEST.

15 (a) DISCOVERY.—(1) After the effective date of this

16 title, a mining claim may not be contested or challenged

17 on the basis of discovery under the general mining laws,

18 except as follows:

19 (A) Any claim located before the effective date

20 of this title may be contested by the United States

21 on the basis of discovery under the general mining

22 laws as in effect prior to the effective date of this

23 title if such claim is located within any National

24 Conservation System unit, or within any area re25 ferred to in section 203(b).
41

•HR 3102 IH

1 (B) Any mining claim located before the effec2 tive date of this title may be contested by the United

3 States on the basis of discovery under the general

4 mining laws as in effect prior to the effective date

5 of this title if such claim was located for a mineral

6 material that purportedly has a property giving it

7 distinct and special value within the meaning of sec8 tion 3(a) of the Act of July 23, 1955 (as in effect

9 prior to the date of enactment of this Act), or if

10 such claim was located for a mineral that was not

11 locatable under the general mining laws before the

12 effective date of this title.

13 (2) The Secretary may initiate contest proceedings

14 against those mining claims referred to in paragraph (1)

15 at any time, except that nothing in this subsection may

16 be construed as requiring the Secretary to inquire into,

17 or contest, the validity of a mining claim for the purpose

18 of the conversion referred to in section 206, except as pro19 vided in section 252.

20 (3) Nothing in this subsection may be construed as

21 limiting any contest proceedings initiated by the United

22 States on issues other than discovery, or any contest pro23 ceedings filed before the effective date of this title.

24 (4) Any contest proceeding initiated pursuant to

25 paragraph (1) shall determine whether the mining claim
42

•HR 3102 IH

1 or claims subject to such proceeding supported a discovery

2 of a valuable mineral deposit within the meaning of the

3 general mining laws on the effective date of this title.

4 (b) CONTINUED SUFFICIENCY OF MINING CLAIM.—

5 (1) At any time, upon request of the Secretary, the claim

6 holder shall demonstrate that the continued retention of

7 a mining claim located or converted under this title is ex8 clusively related to mineral activities at the site.

9 (2) Where the Secretary requests demonstration of

10 the continuing sufficiency of any mining claim under this

11 section, the claim holder shall have the burden of showing

12 each of the following:

13 (A) The lands or interests in lands included in

14 the mining claim are not used predominantly for rec15 reational, residential or other purposes rather than

16 for mineral activities and are being held in good

17 faith for the ultimate exploration for, development

18 of, or production of locatable minerals, as dem19 onstrated by the claim holder or his or her assigns

20 through showings satisfactory to the Secretary.

21 (B) The claim holder or operator does not re22 strict access to the lands or interests in lands in23 cluded in the mining claim in a manner that is not

24 required for mineral activities.
43

•HR 3102 IH

1 (C) The mineral being or to be mined on the

2 mining claim is a locatable mineral (unless such

3 lands are used for beneficiation or processing).

4 (D) The claim holder or operator has not con5 structed, improved, maintained or used a structure

6 located on a mining claim in a manner not specifi7 cally authorized by the Secretary in accordance with

8 this title.

9 (3) Any mining claim for which the claim holder fails

10 to demonstrate continued sufficiency, in the determination

11 of the Secretary, pursuant to subsection (b) of this section,

12 shall thereupon be deemed forfeited and be declared null

13 and void.

14 (c) REMEDIES.—(1) The Secretary may assess a civil

15 penalty of not more than $5,000 per claim against the

16 claim holder upon declaring a mining claim null and void

17 pursuant to subsection (b) of this section.

18 (2) Upon declaring a mining claim null and void pur19 suant to subsection (b), the Secretary shall provide a rea20 sonable opportunity for the mining claim holder or opera21 tor to remove any real or personal property which such

22 person had previously placed upon the claim. If the prop23 erty is not removed within the time provided, the Sec24 retary may retain the property or provide for its disposi25 tion or destruction.
44

•HR 3102 IH

1 (d) OTHER LAW.—The Secretary shall take such ac2 tions as may be necessary to ensure the compliance by

3 claim holders with section 4 of the Act of July 23, 1955

4 (30 U.S.C. 612), consistent with this section.

5 Subtitle B—Environmental Consid6 erations of Mineral Exploration

7 and Development

8 SEC. 211. SURFACE MANAGEMENT STANDARD.

9 Notwithstanding the last sentence of section 302(b)

10 of the Federal Land Policy and Management Act of 1976,

11 and in accordance with this subtitle and other applicable

12 law, the Secretary, and for National Forest System lands

13 the Secretary of Agriculture, shall require that mineral ac14 tivities on Federal lands conducted by any person mini15 mize adverse impacts to the environment.

16 SEC. 212. PERMITS.

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

18 mineral activities on Federal lands that may cause a dis19 turbance of surface resources, including but not limited

20 to, land, air, ground water and surface water, fish, wild21 life, and biota unless—

22 (1) the claim was properly located or converted

23 under this title and properly maintained; and

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

25 this subtitle authorizing such activities.
45

•HR 3102 IH

1 (b) NEGLIGIBLE DISTURBANCE.—Notwithstanding

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

3 be required for mineral activities related to exploration,

4 or gathering of data, required to comply with section 213

5 or 214 that cause a negligible disturbance of surface re6 sources and do not involve any of the following:

7 (1) The use of mechanized earth moving equip8 ment, suction dredging, explosives.

9 (2) The use of motor vehicles in areas closed to

10 off-road vehicles.

11 (3) The construction of roads, drill pads, or the

12 use of toxic or hazardous materials.

13 Persons engaging in such activities shall provide prior

14 written notice. The Secretary and the Secretary of Agri15 culture may provide, by joint regulations the manner in

16 which such notice shall be provided.

17 (c) WAIVER OF THE SOVEREIGN IMMUNITY OF IN18 DIAN TRIBES.—The Secretary is authorized to require In19 dian tribes to waive sovereign immunity as a condition of

20 obtaining a permit under this title.

21 SEC. 213. EXPLORATION PERMITS.

22 (a) AUTHORIZED EXPLORATION ACTIVITY.—Any

23 claim holder may apply for an exploration permit for any

24 mining claim authorizing the claim holder to remove a rea25 sonable amount of the locatable minerals from the claim
46

•HR 3102 IH

1 for analysis, study and testing. Such permit shall not au2 thorize the claim holder to remove any mineral for sale

3 nor to conduct any activities other than those required for

4 exploration for locatable minerals and reclamation.

5 (b) PERMIT APPLICATION REQUIREMENTS.—An ap6 plication for an exploration permit under this section shall

7 be submitted in a manner satisfactory to the Secretary

8 or, for National Forest System lands, the Secretary of Ag9 riculture, and shall contain an exploration plan, a reclama10 tion plan for the proposed exploration, such documenta11 tion as necessary to ensure compliance with applicable

12 Federal and State environmental laws and regulations,

13 and each of the following:

14 (1) The name, mailing address, and social secu15 rity number or tax identification number, as applica16 ble, of each of the following:

17 (A) The applicant for the permit and any

18 agent of the applicant.

19 (B) The operator (if different than the ap20 plicant) of the claim concerned.

21 (C) Each claim holder (if different than

22 the applicant) of the claim concerned.

23 (2) A statement of whether any person referred

24 to in subparagraphs (A) through (C) of paragraph

25 (1) is currently in violation of, or was, during the 3-
47

•HR 3102 IH

1 year period preceding the date of the application,

2 found to be in violation of, any of the following and,

3 if so, a brief explanation of the facts involved, in4 cluding identification of the site and nature of the

5 violation:

6 (A) Any provision of this title or any regu7 lation under this title.

8 (B) Any applicable toxic substance, solid

9 waste, air, water quality, or fish and wildlife

10 conservation law or regulation at any site where

11 mining, beneficiation, or processing activities

12 are occurring or have occurred.

13 (C) The Surface Mining Control and Rec14 lamation Act of 1977 (30 U.S.C. 1201 and fol15 lowing) or any regulation under that Act at any

16 site where surface coal mining operations have

17 occurred or are occurring.

18 (3) A description of the type and method of ex19 ploration activities proposed, the engineering tech20 niques proposed to be used and the equipment pro21 posed to be used.

22 (4) The anticipated starting and termination

23 dates of each phase of the exploration activities pro24 posed, including any planned temporary cessation of

25 exploration.
48

•HR 3102 IH

1 (5) A map, to an appropriate scale, clearly

2 showing the land to be affected by the proposed ex3 ploration.

4 (6) Information determined necessary by the

5 Secretary concerned to assess the cumulative im6 pacts, as required to comply with the National Envi7 ronmental Policy Act of 1969.

8 (7) Evidence of appropriate financial assurance

9 as specified in section 216.

10 (c) RECLAMATION PLAN REQUIREMENTS.—The rec11 lamation plan required to be included in a permit applica12 tion under subsection (b) shall include such provisions as

13 may be jointly prescribed by the Secretary and the Sec14 retary of Agriculture and each of the following:

15 (1) A description of the condition of the land,

16 including the fish and wildlife resources and habitat

17 contained thereon, subject to the permit prior to the

18 commencement of any exploration activities.

19 (2) A description of reclamation measures pro20 posed pursuant to the requirements of section 217.

21 (3) The engineering techniques to be used in

22 reclamation and the equipment proposed to be used.

23 (4) The anticipated starting and termination

24 dates of each phase of the reclamation proposed.
49

•HR 3102 IH

1 (5) A description of the proposed condition of

2 the land, including the fish and wildlife resources

3 and habitat contained thereon, following the comple4 tion of reclamation.

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

6 or for National Forest System lands, the Secretary of Ag7 riculture, shall issue an exploration permit pursuant to an

8 application under this section if such Secretary makes

9 each of the following determinations, and such Secretary

10 shall deny a permit which he or she finds does not fully

11 meet the requirements of this subsection:

12 (1) The permit application, the exploration plan

13 and reclamation plan are complete and accurate.

14 (2) The applicant has demonstrated that pro15 posed reclamation can be accomplished.

16 (3) The proposed exploration activities and con17 dition of the land after the completion of exploration

18 activities and final reclamation would conform with

19 the land use plan applicable to the area subject to

20 mineral activities.

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

22 not included within an area designated unsuitable

23 under section 219 or not open to location under sec24 tion 203(b) for the types of exploration activities

25 proposed.
50

•HR 3102 IH

1 (5) The applicant has demonstrated that the

2 exploration plan and reclamation plan will be in

3 compliance with the requirements of this title and all

4 other applicable Federal requirements, and any

5 State requirements agreed to by the Secretary of the

6 Interior (or Secretary of Agriculture, as appropriate)

7 pursuant to a cooperative agreement under section

8 218.

9 (6) The applicant has fully complied with the

10 requirements of section 216 (relating to financial as11 surance).

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

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

14 that necessary to accomplish the proposed exploration,

15 and in no case for more than 5 years.

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

17 exploration permit the permit holder may submit an appli18 cation to modify the permit. To approve a proposed modi19 fication to the permit, the Secretary concerned shall make

20 the same determinations as are required in the case of

21 an original permit, except that the Secretary and the Sec22 retary of Agriculture may specify by joint rule the extent

23 to which requirements for initial exploration permits under

24 this section shall apply to applications to modify an explo-
51

•HR 3102 IH

1 ration permit based on whether such modifications are

2 deemed significant or minor.

3 (g) FEES.—Each application for a permit pursuant

4 to this section shall be accompanied by a fee payable to

5 the Secretary of the Interior in such amount as may be

6 established by the Secretary of the Interior. Such amount

7 shall be equal to the actual or anticipated cost to the Sec8 retary or the Secretary of Agriculture, as the case may

9 be, of reviewing, administering, and enforcing such permit,

10 as determined by such Secretary. All moneys received

11 under this subsection shall be deposited in the Abandoned

12 Locatable Minerals Mine Reclamation Fund established

13 under subtitle C of this title.

14 (h) TRANSFER, ASSIGNMENT, OR SALE OF

15 RIGHTS.—(1) No transfer, assignment, or sale of rights

16 granted by a permit issued under this section shall be

17 made without the prior written approval of the Secretary

18 or for National Forest System lands, the Secretary of Ag19 riculture.

20 (2) Such Secretary may allow a person holding a per21 mit to transfer, assign, or sell rights under the permit to

22 a successor, if the Secretary finds, in writing, that the suc23 cessor—

24 (A) is eligible to receive a permit in accordance

25 with section 215;
52

•HR 3102 IH

1 (B) has submitted evidence of financial assur2 ance satisfactory under section 216; and

3 (C) meets any other requirements specified by

4 the Secretary.

5 (3) The successor in interest shall assume the liability

6 and reclamation responsibilities established by the existing

7 permit and shall conduct the mineral activities in full com8 pliance with this title, and the terms and conditions of

9 the permit as in effect at the time of transfer, assignment,

10 or sale.

11 (4) Each application for approval of a permit trans12 fer, assignment, or sale pursuant to this subsection shall

13 be accompanied by a fee payable to the Secretary of the

14 Interior in such amount as may be established by such

15 Secretary. Such amount shall be equal to the actual or

16 anticipated cost to the Secretary or the Secretary of Agri17 culture, as appropriate, of reviewing and approving or dis18 approving such transfer, assignment, or sale, as deter19 mined by the Secretary of the Interior. All moneys re20 ceived under this subsection shall be deposited in the

21 Abandoned Locatable Minerals Mine Reclamation Fund

22 established under subtitle C of this title.

23 SEC. 214. OPERATIONS PERMIT.

24 (a) OPERATIONS PERMIT.—Any claim holder may

25 apply to the Secretary, or for National Forest System
53

•HR 3102 IH

1 lands, the Secretary of Agriculture, for an operations per2 mit authorizing the claim holder to carry out mineral ac3 tivities on Federal lands. The permit shall include such

4 terms and conditions as prescribed by such Secretary to

5 carry out this subtitle.

6 (b) PERMIT APPLICATION REQUIREMENTS.—An ap7 plication for an operations permit under this section shall

8 be submitted in a manner satisfactory to the Secretary

9 concerned and shall contain an operations plan, a reclama10 tion plan, such documentation as necessary to ensure com11 pliance with applicable Federal and State environmental

12 laws and regulations, and each of the following:

13 (1) The name, mailing address, and social secu14 rity number or tax identification number, as applica15 ble, of each of the following:

16 (A) The applicant for the permit and any

17 agent of the applicant.

18 (B) The operator (if different than the ap19 plicant) at the claim concerned.

20 (C) Each claim holder (if different than

21 the applicant) of the claim concerned.

22 (D) Each affiliate and each officer or di23 rector of the applicant.

24 (2) A statement of whether a person referred to

25 in subparagraphs (A) through (D) of paragraph (1)
54

•HR 3102 IH

1 is currently in violation of, or was, during the 3-year

2 period preceding the date of application, found to be

3 in violation of, any of the following and if so, a brief

4 explanation of the facts involved, including identi5 fication of the site and the nature of the violation:

6 (A) Any provision of this title or any regu7 lation under this title.

8 (B) Any applicable toxic substance, solid

9 waste, air, water quality, or fish and wildlife

10 conservation law or regulation at any site where

11 mining, beneficiation, or processing activities

12 are occurring or have occurred.

13 (C) The Surface Mining Control and Rec14 lamation Act of 1977 (30 U.S.C. 1201 and fol15 lowing) or any regulation under that Act at any

16 site where surface coal mining operations have

17 occurred or are occurring.

18 (3) A statement of any current or previous per19 mits or plans of operations issued under the Surface

20 Mining Control and Reclamation Act or the Federal

21 Land Policy and Management Act of 1976.

22 (4) A description of the type and method of

23 mineral activities proposed, the engineering tech24 niques proposed to be used and the equipment pro25 posed to be used.
55

•HR 3102 IH

1 (5) The anticipated starting and termination

2 dates of each phase of the mineral activities pro3 posed, including any planned temporary cessation of

4 operations.

5 (6) Maps, to an appropriate scale, clearly show6 ing the lands, watersheds, and surface waters, to be

7 affected by the proposed mineral activities; surface

8 and mineral ownership; facilities, including roads

9 and other man-made structures; proposed disturb10 ances; soils and vegetation; topography; and water

11 supply intakes and surface water bodies.

12 (7) A description of the biological resources in

13 or associated with the area subject to mineral activi14 ties, including vegetation, fish and wildlife, riparian

15 and wetland habitats.

16 (8) A description of measures planned to ex17 clude fish and wildlife resources from the area sub18 ject to mineral activities by covering, containment,

19 or fencing of open waters, beneficiation, and process20 ing materials; or maintenance of all facilities in a

21 condition that is not harmful to fish and wildlife.

22 (9) A description of the quantity and quality of

23 surface and ground water resources in or associated

24 with the area subject to mineral activities, based on
56

•HR 3102 IH

1 pre-disturbance monitoring sufficient to establish

2 seasonal variations.

3 (10) An analysis of the probable hydrologic con4 sequences of the mineral activities, both on and off

5 the area subject to mineral activities, with respect to

6 the hydrologic regime, quantity and quality of water

7 in surface and ground water systems including the

8 dissolved and suspended solids under seasonal flow

9 conditions and the collection of sufficient data for

10 the mine site and surrounding areas so that an as11 sessment can be made by the Secretary concerned of

12 the probable cumulative impacts of the anticipated

13 mineral activities in the area upon the hydrology of

14 the area and particularly upon water availability.

15 (11) A description of the monitoring systems to

16 be used to detect and determine whether compliance

17 has and is occurring consistent with the surface

18 management requirements and to monitor the ef19 fects of mineral activities on the site and surround20 ing environment, including but not limited to,

21 ground water, surface water, air, soils, and fish and

22 wildlife resources.

23 (12) Accident contingency plans that include,

24 but are not limited to, immediate response strategies

25 and corrective measures to mitigate environmental
57

•HR 3102 IH

1 impacts and appropriate insurance to cover accident

2 contingencies.

3 (13) Any measures to comply with any condi4 tions on minerals activities that may be required in

5 the applicable land use plan or any condition stipu6 lated pursuant to section 219.

7 (14) Information determined necessary by the

8 Secretary concerned to assess the cumulative im9 pacts of mineral activities, as required to comply

10 with the National Environmental Policy Act of 1969.

11 (15) Such other environmental baseline data as

12 the Secretaries, by joint regulation, shall require suf13 ficient to validate the determinations required for is14 suance of a permit under this title.

15 (16) Evidence of appropriate financial assur16 ance as specified in section 216.

17 (17) A description of the site security provisions

18 designed to protect from theft the locatable min19 erals, concentrates or products derived therefrom

20 which will be produced or stored on a mining claim.

21 (18) A full characterization of soils and geology

22 in the area to be affected by mineral activities.

23 (19) A copy of the applicant’s advertisement to

24 be published as required by section 243 (relating to

25 public participation).
58

•HR 3102 IH

1 (c) RECLAMATION PLAN APPLICATION REQUIRE2 MENTS.—The reclamation plan referred to in subsection

3 (b) shall include such reclamation measures as prescribed

4 by the Secretary, or for National Forest System lands the

5 Secretary of Agriculture, and each of the following:

6 (1) A description of the condition of the land,

7 including the fish and wildlife resources and habitat

8 contained thereon, subject to the permit prior to the

9 commencement of any mineral activities.

10 (2) A description of reclamation measures pro11 posed pursuant to the requirements of section 217.

12 (3) The engineering techniques to be used in

13 reclamation and the equipment proposed to be used.

14 (4) The anticipated starting and termination

15 dates of each phase of the reclamation proposed.

16 (5) A description of the proposed condition of

17 the land, including the fish and wildlife resources

18 and habitat contained thereon, following the comple19 tion of reclamation.

20 (6) A description of the maintenance measures

21 that will be necessary to meet the surface manage22 ment requirements of this title, such as, but not lim23 ited to, drainage water treatment facilities, or liner

24 maintenance and control.
59

•HR 3102 IH

1 (7) The consideration which has been given to

2 making the condition of the land after the comple3 tion of mineral activities and final reclamation con4 sistent with the applicable land use plan.

5 (d) PERMIT ISSUANCE OR DENIAL.—(1) After pro6 viding notice and opportunity for public comment and

7 hearing, the Secretary, or for National Forest System

8 lands the Secretary of Agriculture, shall issue an oper9 ations permit if such Secretary makes each of the follow10 ing determinations in writing, and such Secretary shall

11 deny a permit which he or she finds does not fully meet

12 the requirements of this paragraph:

13 (A) The permit application, operations plan,

14 and reclamation plan are complete and accurate.

15 (B) The applicant has demonstrated that the

16 proposed reclamation in the reclamation plan can be

17 accomplished.

18 (C) The proposed mineral activities and condi19 tion of the land including the fish and wildlife re20 sources and habitat contained thereon, after the

21 completion of mineral activities and final reclama22 tion conform to the land use plan applicable to the

23 area subject to mineral activities.

24 (D) The area subject to the proposed plan is

25 not included within an area designated unsuitable or
60

•HR 3102 IH

1 not open to location for the types of mineral activi2 ties proposed.

3 (E) The applicant has demonstrated that the

4 mineral activities will be in compliance with this title

5 and all other applicable Federal requirements, and

6 any State requirements agreed to by the appropriate

7 Secretary pursuant to cooperative agreements under

8 section 218.

9 (F) The assessment of the probable cumulative

10 impact of all anticipated mining in the area on the

11 hydrologic balance specified in subsection (b)(10)

12 has been made and the proposed operation has been

13 designed to minimize disturbances to the prevailing

14 hydrologic balance of the permit area.

15 (G) The applicant has fully complied with the

16 requirements of section 216 (relating to financial as17 surance).

18 (2) Issuance of an operations permit under this sec19 tion shall be based on information supplied by the appli20 cant or other interested parties and the applicant shall

21 have the burden of establishing that the application com22 plies with paragraph (1).

23 (3) With respect to any activities specified in the rec24 lamation plan referred to in subsection (b) which con25 stitute a removal or remedial action under section 101 of
61

•HR 3102 IH

1 the Comprehensive Environmental Response, Compensa2 tion and Liability Act of 1980, the Secretary shall consult

3 with the Administrator of the Environmental Protection

4 Agency prior to the issuance of an operating permit. To

5 the extent practicable, the Administrator shall ensure that

6 the reclamation plan does not require activities which

7 would increase the costs or likelihood of removal or reme8 dial actions under Comprehensive Environmental Re9 sponse, Compensation and Liability Act of 1980 or correc10 tive actions under the Solid Waste Disposal Act.

11 (e) TERM OF PERMIT; RENEWAL.—(1) An operations

12 permit shall be for a stated term. The term shall be no

13 greater than that necessary to accomplish the proposed

14 mineral activities subject to the permit, and in no case

15 for more than 10 years, unless the applicant demonstrates

16 to the satisfaction of the Secretary, or for National Forest

17 System lands the Secretary of Agriculture, that a specified

18 longer term is reasonably needed for such mineral activi19 ties.

20 (2) Failure by the operator to commence mineral ac21 tivities within one year of the date scheduled in an oper22 ations permit shall require a modification of the permit

23 unless the Secretary concerned determines that the delay

24 was beyond the control of the applicant.
62

•HR 3102 IH

1 (3) An operations permit shall carry with it the right

2 of successive renewal upon expiration only with respect to

3 operations on areas within the boundaries of the existing

4 permit as issued. A renewal of such permit shall not be

5 issued if such Secretary determines, in writing, any of the

6 following:

7 (A) The terms and conditions of the existing

8 permit are not being met.

9 (B) The operator has not demonstrated that

10 the financial assurance would continue to apply in

11 full force and effect for the renewal term.

12 (C) Any additional revised or updated informa13 tion required by the Secretary concerned has not

14 been provided.

15 (D) The applicant has not demonstrated that

16 the mineral activities will be in compliance with the

17 requirements of all other applicable Federal require18 ments, and any State requirements agreed to by the

19 Secretary concerned pursuant to cooperative agree20 ments under section 218.

21 (4) A renewal of an operations permit shall be for

22 a term of 10 years or for such additional term as the Sec23 retary concerned deems appropriate. Application for re24 newal shall be made at least one year prior to the expira25 tion of the existing permit. Where a renewal application
63

•HR 3102 IH

1 has been timely submitted and a permit expires prior to

2 Secretarial action on the renewal application, reclamation

3 shall and other mineral activities may continue in accord4 ance with the terms of the expired permit until the Sec5 retary concerned makes a decision on the renewal applica6 tion.

7 (f) PERMIT MODIFICATION.—(1) During the term of

8 an operations permit the operator may submit an applica9 tion to modify the permit (including the operations plan

10 or reclamation plan, or both). To approve a proposed

11 modification, the Secretary, or for National Forest System

12 lands the Secretary of Agriculture, shall make the same

13 determinations as are required in the case of an original

14 operations permit, except that the Secretaries may estab15 lish joint rules regarding the extent to which requirements

16 for original permits under this section shall apply to appli17 cations to modify a permit based on whether such modi18 fications are deemed significant or minor. Such rules shall

19 provide that all requirements applicable to a new permit

20 shall apply to any extension of the area covered by the

21 permit (except for incidental boundary revisions).

22 (2) The Secretary, or for National Forest System

23 lands the Secretary of Agriculture, may, at any time, re24 quire reasonable modification to any operations plan or

25 reclamation plan upon a determination that the require-
64

•HR 3102 IH

1 ments of this title cannot be met if the plan is followed

2 as approved. Such determination shall be based on a writ3 ten finding and subject to notice and hearing requirements

4 established by the Secretary concerned.

5 (g) TEMPORARY CESSATION OF OPERATIONS.—(1)

6 No operator conducting mineral activities under an oper7 ations permit in effect under this subtitle may temporarily

8 cease mineral activities for a period of 180 days or more

9 under an operations permit unless the Secretary concerned

10 has approved such temporary cessation or unless the tem11 porary cessation is permitted under the original permit.

12 Any operator temporarily ceasing mineral activities for a

13 period of 180 days or more under an existing operations

14 permit shall submit, before the expiration of such 180-day

15 period, a complete application for temporary cessation of

16 operations to the Secretary concerned for approval unless

17 the temporary cessation is permitted under the original

18 permit.

19 (2) An application for approval of temporary ces20 sation of operations shall include such provisions as pre21 scribed by the Secretary concerned, including but not lim22 ited to the steps that shall be taken during the cessation

23 of operations period to minimize impacts on the environ24 ment. After receipt of a complete application for tem25 porary cessation of operations such Secretary shall con-
65

•HR 3102 IH

1 duct an inspection of the area for which temporary ces2 sation of operations has been requested.

3 (3) To approve an application for temporary ces4 sation of operations, the Secretary concerned shall make

5 each of the following determinations:

6 (A) A determination that the methods for se7 curing surface facilities and restricting access to the

8 permit area, or relevant portions thereof, will effec9 tively ensure against hazards to the health and safe10 ty of the public and fish and wildlife.

11 (B) A determination that reclamation is in com12 pliance with the approved reclamation plan, except

13 in those areas specifically designated in the applica14 tion for temporary cessation of operations for which

15 a delay in meeting such standards is necessary to fa16 cilitate the resumption of operations.

17 (C) A determination that the amount of finan18 cial assurance filed with the permit application is

19 sufficient to assure completion of the reclamation ac20 tivities identified in the approved reclamation plan in

21 the event of forfeiture.

22 (D) A determination that any outstanding no23 tices of violation and cessation orders incurred in

24 connection with the plan for which temporary ces25 sation is being requested are either stayed pursuant
66

•HR 3102 IH

1 to an administrative or judicial appeal proceeding or

2 are in the process of being abated to the satisfaction

3 of the Secretary concerned.

4 (h) PERMIT REVIEWS.—The Secretary, or for Na5 tional Forest System lands the Secretary of Agriculture,

6 shall review each permit issued under this section every

7 3 years during the term of such permit and, based upon

8 a written finding, such Secretary may require the operator

9 to take such actions as the Secretary deems necessary to

10 assure that mineral activities conform to the permit, in11 cluding adjustment of financial assurance requirements.

12 (i) FEES.—Each application for a permit pursuant

13 to this section shall be accompanied by a fee payable to

14 the Secretary of the Interior in such amount as may be

15 established by such Secretary. Such amount shall be equal

16 to the actual or anticipated cost to the Secretary, or for

17 National Forest System lands the Secretary of Agri18 culture, of reviewing, administering, and enforcing such

19 permit, as determined by the Secretary of the Interior. All

20 moneys received under this subsection shall be deposited

21 in the Abandoned Locatable Minerals Mine Reclamation

22 Fund established under subtitle C of this title.

23 (j) TRANSFER, ASSIGNMENT, OR SALE OF RIGHTS.—

24 (1) No transfer, assignment, or sale of rights granted by

25 a permit under this section shall be made without the prior
67

•HR 3102 IH

1 written approval of the Secretary, or for National Forest

2 System lands the Secretary of Agriculture.

3 (2) The Secretary, or for National Forest System

4 lands the Secretary of Agriculture, may allow a person

5 holding a permit to transfer, assign, or sell rights under

6 the permit to a successor, if such Secretary finds, in writ7 ing, that the successor—

8 (A) is eligible to receive a permit in accordance

9 with section 215;

10 (B) has submitted evidence of financial assur11 ance satisfactory under section 216; and

12 (C) meets any other requirements specified by

13 such Secretary.

14 (3) The successor in interest shall assume the liability

15 and reclamation responsibilities established by the existing

16 permit and shall conduct the mineral activities in full com17 pliance with this title, and the terms and conditions of

18 the permit as in effect at the time of transfer, assignment,

19 or sale.

20 (4) Each application for approval of a permit trans21 fer, assignment, or sale pursuant to this subsection shall

22 be accompanied by a fee payable to the Secretary of the

23 Interior in such amount as may be established by such

24 Secretary. Such amount shall be equal to the actual or

25 anticipated cost to the Secretary or the Secretary of Agri-
68

•HR 3102 IH

1 culture of reviewing and approving or disapproving such

2 transfer, assignment, or sale, as determined by the Sec3 retary of the Interior. All moneys received under this sub4 section shall be deposited in the Abandoned Locatable

5 Minerals Mine Reclamation Fund established under sub6 title C of this title.

7 SEC. 215. PERSONS INELIGIBLE FOR PERMITS.

8 (a) CURRENT VIOLATIONS.—Unless corrective action

9 has been taken in accordance with subsection (c), no per10 mit under this subtitle shall be issued or transferred to

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

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

13 concerned, any claim holder (if different than the appli14 cant) of the claim concerned, or any affiliate or officer

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

16 of the following:

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

18 under this title.

19 (2) An applicable toxic substance, solid waste,

20 air, water quality, or fish and wildlife conservation

21 law or regulation at any site where mining,

22 beneficiation, or processing activities are occurring

23 or have occurred.

24 (3) The Surface Mining Control and Reclama25 tion Act of 1977 (30 U.S.C. 1201 and following) or
69

•HR 3102 IH

1 any regulation implementing that Act at any site

2 where surface coal mining operations have occurred

3 or are occurring.

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

5 Forest System lands the Secretary of Agriculture, shall

6 suspend an exploration permit or an operations permit,

7 in whole or in part, if such Secretary determines that any

8 of the entities described in subsection (a) were in violation

9 of any requirement listed in subsection (a) at the time the

10 permit was issued.

11 (c) CORRECTION.—(1) The Secretary, or for National

12 Forest System lands the Secretary of Agriculture, may

13 issue or reinstate a permit under this subtitle if the appli14 cant submits proof that the violation referred to in sub15 section (a) or (b) has been corrected or is in the process

16 of being corrected to the satisfaction of such Secretary or

17 if the applicant submits proof that the violator has filed

18 and is presently pursuing, a direct administrative or judi19 cial appeal to contest the existence of the violation. For

20 purposes of this section, an appeal of any applicant’s rela21 tionship to an affiliate shall not constitute a direct admin22 istrative or judicial appeal to contest the existence of the

23 violation.

24 (2) Any permit which is issued or reinstated based

25 upon proof submitted under this subsection shall be condi-
70

•HR 3102 IH

1 tionally approved or conditionally reinstated, as the case

2 may be. If the violation is not successfully abated or the

3 violation is upheld on appeal, the permit shall be sus4 pended or revoked.

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

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

7 is a demonstrated pattern of willful violations of the sur8 face management requirements of this title by the appli9 cant, any affiliate of the applicant, or the operator or

10 claim holder if different than the applicant, and such vio11 lations are of such nature and duration, and with such

12 resulting irreparable damage to the environment, as to

13 clearly indicate an intent not to comply with the surface

14 management requirements.

15 SEC. 216. FINANCIAL ASSURANCE.

16 (a) FINANCIAL ASSURANCE REQUIRED.—(1) Before

17 any permit is issued under this subtitle, the operator shall

18 file with the Secretary, or for National Forest System

19 lands the Secretary of Agriculture, evidence of financial

20 assurance payable to the United States on a form pre21 scribed and furnished by such Secretary and conditional

22 upon faithful performance of such permit and all other

23 requirements of this title. The financial assurance shall

24 be provided in the form of a surety bond, trust fund, let25 ters of credits, government securities, cash or equivalent.
71

•HR 3102 IH

1 (2) The financial assurance shall cover all lands with2 in the initial permit area and shall be extended to cover

3 all lands added pursuant to any permit modification made

4 under section 213(f), section 214(f), or section 214(h).

5 The financial assurance shall cover all lands to be affected

6 by mineral activities as described and depicted in the per7 mit application.

8 (b) AMOUNT.—The amount of the financial assur9 ance required under this section shall be sufficient to as10 sure the completion of reclamation satisfying the require11 ments of this title if the work were to be performed by

12 the Secretary concerned in the event of forfeiture. The cal13 culation of such amount shall take into account the maxi14 mum level of financial exposure which shall arise during

15 the mineral activity.

16 (c) DURATION.—The financial assurance required

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

18 mineral activities and for an additional period to cover the

19 operator’s responsibility for revegetation as specified

20 under subsection 217(b)(6)(B), and effluent treatment as

21 specified in subsection (g).

22 (d) ADJUSTMENTS.—The amount of the financial as23 surance and the terms of the acceptance of the assurance

24 may be adjusted by the Secretary concerned from time to

25 time as the area requiring coverage is increased or de-
72

•HR 3102 IH

1 creased, or where the costs of reclamation or treatment

2 change, or pursuant to section 214(h), but the financial

3 assurance must otherwise be in compliance with this sec4 tion. The Secretary concerned shall specify periodic times,

5 or set a schedule, for reevaluating or adjusting the amount

6 of financial assurance.

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

8 opportunity for public comment, and after inspection by

9 the Secretary, or for National Forest System lands the

10 Secretary of Agriculture, such Secretary may, after con11 sultation with the Administrator of the Environmental

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

13 assurance required under this section if the Secretary

14 makes both of the following determinations:

15 (1) A determination that reclamation covered

16 by the financial assurance has been accomplished as

17 required by this title.

18 (2) A determination that the operator has de19 clared that the terms and conditions of any other

20 applicable Federal requirements, and State require21 ments applicable pursuant to cooperative agreements

22 under section 218, have been fulfilled.

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

24 subsection (e) shall be according to the following schedule:
73

•HR 3102 IH

1 (1) After the operator has completed any re2 quired backfilling, regrading, and drainage control of

3 an area subject to mineral activities and covered by

4 the financial assurance, and has commenced

5 revegetation on the regraded areas subject to min6 eral activities in accordance with the approved plan,

7 that portion of the total financial assurance secured

8 for the area subject to mineral activities attributable

9 to the completed activities may be released.

10 (2) After the operator has completed success11 fully all remaining mineral activities and reclamation

12 activities and all requirements of the operations plan

13 and the reclamation plan (including the provisions of

14 section 217(b)(6)(B) relating to revegetation and ef15 fluent treatment required by subsection (g)), and all

16 other requirements of this title have in fact been

17 fully met, the remaining portion of the financial as18 surance may be released.

19 During the period following release of the financial assur20 ance as specified in paragraph (1), until the remaining

21 portion of the financial assurance is released as provided

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

23 with the permit issued under this subtitle.

24 (g) EFFLUENT.—Where any discharge resulting from

25 the mineral activities requires treatment in order to meet
74

•HR 3102 IH

1 the applicable effluent limitations, the financial assurance

2 shall include the estimated cost of maintaining such treat3 ment for the projected period that will be needed after

4 the cessation of mineral activities. The portion of the fi5 nancial assurance attributable to such estimated cost of

6 treatment shall not be released until the discharge has

7 ceased, or, if the discharge continues, until the operator

8 has met all applicable effluent limitations and water qual9 ity standards for 5 full years without treatment.

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

11 or for National Forest System lands the Secretary of Agri12 culture, determines, after final release of financial assur13 ance, that an environmental hazard resulting from the

14 mineral activities exists, or the terms and conditions of

15 the operations permit of this title were not fulfilled in fact

16 at the time of release, such Secretary shall issue an order

17 under section 247 requiring the claimholder or operator

18 (or any person who controls the claimholder or operator)

19 to correct the condition.

20 SEC. 217. RECLAMATION.

21 (a) GENERAL RULE.—(1) Except as provided under

22 paragraphs (5) and (7) of subsection (b), the operator

23 shall restore lands subject to mineral activities carried out

24 under a permit issued under this subtitle to a condition

25 capable of supporting—
75

•HR 3102 IH

1 (A) the uses, including fish and wildlife habitat

2 uses, which such lands were capable of supporting

3 prior to surface disturbance by the operator, or

4 (B) other beneficial uses which conform to ap5 plicable land use plans as determined by the Sec6 retary or for National Forest System lands, the Sec7 retary of Agriculture.

8 (2) Reclamation shall proceed as contemporaneously

9 as practicable with the conduct of mineral activities and

10 shall use, with respect to this subsection and subsection

11 (b), the best technology currently available. To the extent

12 practicable, reclamation shall be conducted in a manner

13 that does not increase the costs or likelihood of a removal

14 or remedial action under section 101 of the Comprehensive

15 Environmental Response, Compensation and Liability Act

16 of 1980 or a corrective action under the Solid Waste Dis17 posal Act.

18 (b) RECLAMATION STANDARDS.—Mineral activities

19 shall be conducted in accordance with the following stand20 ards; as well as any additional standards the Secretaries

21 may jointly promulgate under section 211 and subsection

22 (a) of this section to address specific environmental im23 pacts of selected methods of mining:

24 (1) SOILS.—(A) Soils, including top soils and

25 subsoils removed from lands subject to mineral ac-
76

•HR 3102 IH

1 tivities shall be segregated from waste material and

2 protected for later use in reclamation. If such soil is

3 not replaced on a backfill area within a time-frame

4 short enough to avoid deterioration of the topsoil,

5 vegetative cover or other means shall be used so that

6 the soil is preserved from wind and water erosion,

7 remains free of contamination by acid or other toxic

8 material, and is in a usable condition for sustaining

9 vegetation when restored during reclamation.

10 (B) In the event the topsoil from lands subject

11 to mineral activities is of insufficient quantity or of

12 inferior quality for sustaining vegetation, and other

13 suitable growth media removed from the lands sub14 ject to the mineral activities are available that shall

15 support vegetation, the best available growth me16 dium shall be removed, segregated and preserved in

17 a like manner as under subparagraph (A) for sus18 taining vegetation when restored during reclamation.

19 (C) In the event the soil (other than topsoil)

20 from lands subject to mineral activities is of insuffi21 cient quantity or of inferior quality for sustaining

22 vegetation, and other suitable growth media removed

23 from the lands subject to the mineral activities are

24 available that support revegetation, these substitute

25 materials shall be removed, segregated or preserved
77

•HR 3102 IH

1 in a like manner as under subparagraph (A) for

2 later use in reclamation.

3 (D) Mineral activities shall be conducted to pre4 vent contamination of soils to the extent possible

5 using the best technology currently available. If con6 tamination occurs, the operator shall decontaminate

7 or dispose of any contaminated soils which have re8 sulted from the mineral activities.

9 (2) STABILIZATION.—All surface areas subject

10 to mineral activities, including segregated soils or

11 other growth medium, waste material piles, ore piles,

12 subgrade ore piles, and open or partially backfilled

13 mine pits which meet the requirements of paragraph

14 (5) shall be stabilized and protected during mineral

15 activities so as to effectively control fugitive dust

16 and erosion and otherwise comply with toxic sub17 stance, solid waste, air and water pollution control

18 laws and other environmental laws.

19 (3) SEDIMENTS, EROSION, AND DRAINAGE.—

20 Facilities such as but not limited to basins, ditches,

21 stream bank stabilization, diversions or other meas22 ures, shall be designed, constructed and maintained

23 where necessary to control sediments, erosion, and

24 drainage of the area subject to mineral activities.
78

•HR 3102 IH

1 (4) HYDROLOGIC BALANCE.—(A) Mineral ac2 tivities shall be conducted to minimize disturbances

3 to the prevailing hydrologic balance of the permit

4 area and surrounding watershed existing prior to the

5 mineral activities in the permit area and in the sur6 rounding watershed, as established by the baseline

7 information provided pursuant to section

8 214(b)(10). Hydrologic balance includes the quality

9 and quantity of ground water and surface water and

10 their interrelationships, including recharge and dis11 charge rates. In all cases, the operator shall comply

12 with Federal and State laws related to the quality

13 and quantity of such waters.

14 (B) Mineral activities shall be conducted using

15 the technology standard referred to in subsection

16 (a)(2) to prevent where possible the formation of

17 acidic, toxic or other contaminated water. Where the

18 formation of acidic, toxic or other contaminated

19 water occurs despite the use of such technology

20 standard, mineral activities shall be conducted using

21 such technology so as to minimize the formation of

22 acidic, toxic or other contaminated water.

23 (C) Mineral activities shall prevent any con24 tamination of surface and ground water with acid or

25 other toxic mine pollutants and shall prevent or re-
79

•HR 3102 IH

1 move water from contact with acid or toxic produc2 ing deposits.

3 (D) Reclamation shall restore approximate hy4 drologic balance existing prior to the mineral activi5 ties.

6 (E) Where the quality of surface water or

7 ground water used for domestic, municipal, agricul8 tural, or industrial purposes is adversely impacted

9 by mineral activities, such water shall be treated, or

10 replaced with the same quantity and approximate

11 quality of water, comparable to premining conditions

12 as established in paragraph (10) of section 214(b).

13 (5) SURFACE RESTORATION.—(A) The surface

14 area disturbed by mineral activities shall be shaped,

15 graded, and contoured to its natural topography.

16 Backfilling of an open pit mine shall be required

17 only if the Secretary, or for National Forest System

18 lands the Secretary of Agriculture, finds that such

19 open pit or partially backfilled, graded, or contoured

20 pit would pose a significant threat to the public

21 health safety or have a significant adverse effect on

22 the environment in terms of surface water or

23 groundwater pollution.

24 (B) In instances where complete backfilling of

25 an open pit is not required, the pit shall be graded
80

•HR 3102 IH

1 to blend with the surrounding topography as much

2 as practicable and revegetated in accordance with

3 paragraph (6).

4 (6) VEGETATION.—(A) The area subject to

5 mineral activities shall be vegetated in order to es6 tablish a diverse, effective and permanent vegetative

7 cover of the same seasonal variety native to the area

8 subject to mineral activities, capable of self-regen9 eration and plant succession and at least equal in

10 extent of cover to the natural revegetation of the

11 surrounding area, except that introduced species

12 may be used at the discretion of the Secretary, or

13 for National Forest System lands the Secretary of

14 Agriculture, in consultation with the Director, Fish

15 and Wildlife Service, if such introduction of such

16 species is necessary as an interim step in, and is

17 part of a program to restore a native plant commu18 nity. In such instances where the complete backfill

19 of an open mine pit is not required under paragraph

20 (5), such Secretary shall prescribe such vegetation

21 requirements as conform to the applicable land use

22 plan.

23 (B) In order to insure compliance with subpara24 graph (A), the period for determining successful

25 revegetation shall be for a period of 5 full years
81

•HR 3102 IH

1 after the last year of augmented seeding, fertilizing,

2 irrigation or other work, except that such period

3 shall be 10 full years where the annual average pre4 cipitation is 26 inches or less. The period may be

5 for a longer time at the discretion of the Secretary

6 concerned where the average precipitation is 26

7 inches or less.

8 (7) EXCESS WASTE.—(A) Waste material in ex9 cess of that required to comply with paragraph (5)

10 shall be transported and placed in approved areas,

11 in a controlled manner in such a way so as to assure

12 long-term mass stability, to prevent mass movement

13 and to facilitate reclamation. In addition to the

14 measures described under paragraph (3), internal

15 drainage systems shall be employed, as may be re16 quired, to control erosion and drainage. The design

17 of such excess waste material piles shall be certified

18 by a qualified professional engineer.

19 (B) Excess waste material piles shall be graded

20 and contoured to blend with the surrounding topog21 raphy as much as practicable and revegetated in ac22 cordance with paragraph (6).

23 (8) SEALING.—All drill holes, and openings on

24 the surface associated with underground mineral ac25 tivities, shall be backfilled, sealed or otherwise con-
82

•HR 3102 IH

1 trolled when no longer needed for the conduct of

2 mineral activities to ensure protection of the public

3 and the environment, and management of fish and

4 wildlife and livestock.

5 (9) STRUCTURES.—All buildings, structures or

6 equipment constructed, used or improved during

7 mineral activities shall be removed, unless the Sec8 retary concerned in consultation with the affected

9 land managing agency, determines that use of the

10 buildings, structures or equipment would be consist11 ent with subsection (a) or for environmental mon12 itoring and the Secretary concerned takes ownership

13 of such structures.

14 (10) FISH AND WILDLIFE.—Fish and wildlife

15 habitat in areas subject to mineral activities shall be

16 restored in a manner commensurate with or superior

17 to habitat conditions which existed prior to the min18 eral activities, including such conditions as may be

19 prescribed by the Director, Fish and Wildlife

20 Service.

21 (c) APPLICATION OF RECLAMATION STANDARDS TO

22 EXPLORATION.—The provisions of this section shall apply

23 to mineral exploration pursuant to a permit under this

24 title, except that paragraphs (5) and (6) of subsection (b)

25 shall not apply during any interim periods between com-
83

•HR 3102 IH

1 pletion of the approved exploration and the commence2 ment of further mineral activities, not to exceed 2 years,

3 if the operator maintains a sufficient financial assurance

4 to reclaim the disturbed surface should further mineral ac5 tivities not be authorized. The Secretary concerned shall

6 prescribe standards for interim stabilization and

7 revegetation.

8 (d) SPECIAL RULE.—A modified reclamation plan

9 shall not be required for mineral activities related to rec10 lamation where a mining claim is forfeited, relinquished

11 or lapsed, or a plan is revoked or suspended or has expired

12 in any such case. Reclamation activities shall continue

13 only as approved by the Secretary, or for National Forest

14 System lands the Secretary of Agriculture, pursuant to the

15 previously approved reclamation plan.

16 (e) DEFINITIONS.—As used in this section:

17 (1) The term ‘‘best technology currently avail18 able’’ means equipment, devices, systems, methods,

19 or techniques which have demonstrated engineering

20 and economic feasibility, success and practicality.

21 Within the constraints of the surface management

22 requirements of this title, the Secretary, or for Na23 tional Forest System lands the Secretary of Agri24 culture, shall have the discretion to determine the
84

•HR 3102 IH

1 best technology currently available on a case-by-case

2 basis.

3 (2) The term ‘‘waste material’’ means the mate4 rial resulting from mineral activities involving ex5 traction, beneficiation and processing, including but

6 not limited to tailings, and such material resulting

7 from mineral activities involving processing, to the

8 extent such material is not subject to subtitle III of

9 the Solid Waste Disposal Act or the Uranium Mill

10 Tailings Radiation Control Act.

11 (3) The term ‘‘ore piles’’ means ore stockpiled

12 for beneficiation prior to the completion of mineral

13 activities.

14 (4) The term ‘‘subgrade ore’’ means ore that is

15 too low in grade to be processed at the time of ex16 traction but which could reasonably be processed in

17 the foreseeable future.

18 (5) The term ‘‘soil’’ means the earthy or sandy

19 layer, ranging in thickness from a few inches to sev20 eral feet, composed of finely divided rock debris, of

21 whatever origin, mixed with decomposing vegetal and

22 animal matter, which forms the surface of the

23 ground and in which plants grow or may grow.
85

•HR 3102 IH

1 SEC. 218. STATE LAW AND REGULATION.

2 (a) STATE LAW.—(1) Any reclamation standard or

3 requirement in State law or regulation that meets or ex4 ceeds the requirements of section 217 shall not be con5 strued to be inconsistent with any such standard.

6 (2) Any bonding standard or requirement in State

7 law or regulation that meets or exceeds the requirements

8 of section 216 shall not be construed to be inconsistent

9 with such requirements.

10 (3) Any inspection standard or requirement in State

11 law or regulation that meets or exceeds the requirements

12 of section 244 shall not be construed to be inconsistent

13 with such requirements.

14 (b) APPLICABILITY OF OTHER STATE REQUIRE15 MENTS.—(1) Nothing in this title shall be construed as

16 affecting any toxic substance, solid waste, or air or water

17 quality, standard or requirement of any State law or regu18 lation, or of tribal law or regulation, which may be applica19 ble to mineral activities on lands subject to this title.

20 (2) Nothing in this title shall be construed as affect21 ing in any way the right of any person to enforce or pro22 tect, under applicable law, such person’s interest in water

23 resources affected by mineral activities on lands subject

24 to this title.

25 (c) COOPERATIVE AGREEMENTS.—(1) Any State

26 may enter into a cooperative agreement with the Sec-
86

•HR 3102 IH

1 retary, or for National Forest System lands the Secretary

2 of Agriculture, for the purposes of such Secretary applying

3 such standards and requirements referred to in subsection

4 (a) and subsection (b) to mineral activities or reclamation

5 on lands subject to this title.

6 (2) In such instances where the proposed mineral ac7 tivities would affect lands not subject to this title in addi8 tion to lands subject to this title, in order to approve a

9 plan of operations the Secretary concerned shall enter into

10 a cooperative agreement with the State that sets forth a

11 common regulatory framework consistent with the surface

12 management requirements of this title for the purposes

13 of such plan of operations.

14 (3) The Secretary concerned shall not enter into a

15 cooperative agreement with any State under this section

16 until after notice in the Federal Register and opportunity

17 for public comment.

18 (d) PRIOR AGREEMENTS.—Any cooperative agree19 ment or such other understanding between the Secretary

20 concerned and any State, or political subdivision thereof,

21 relating to the surface management of mineral activities

22 on lands subject to this title that was in existence on the

23 date of enactment of this Act may only continue in force

24 until the effective date of this title, after which time the

25 terms and conditions of any such agreement or under-
87

•HR 3102 IH

1 standing shall only be applicable to plans of operations

2 approved by the Secretary concerned prior to the effective

3 date of this title.

4 (e) DELEGATION.—The Secretary, or for National

5 Forest System lands the Secretary of Agriculture, shall

6 not delegate to any State, or political subdivision thereof,

7 the Secretary’s authorities, duties and obligations under

8 this title, including with respect to any cooperative agree9 ments entered into under this section.

10 (f) PREEMPTION.—Subject to section 252(b), the re11 quirements of this title shall preempt any conflicting re12 quirements of any State, or political subdivision thereof

13 relating to mineral activities for locatable minerals.

14 SEC. 219. UNSUITABILITY REVIEW.

15 (a) AUTHORITY.—(1) As provided for in this section,

16 the Secretary of the Interior, in carrying out the Sec17 retary’s responsibilities under the Federal Land Policy

18 and Management Act of 1976, and the Secretary of Agri19 culture, in carrying out the Secretary’s responsibilities

20 under the Forest and Rangeland Renewable Resources

21 Planning Act of 1974, as amended by the National Forest

22 Management Act of 1976, shall each review lands that are

23 subject to this title in order to determine, in accordance

24 with the provisions of subsection (b), whether there are

25 any areas on such lands which are either unsuitable for
88

•HR 3102 IH

1 all types of mineral activities or conditionally suitable for

2 certain types of mineral activities.

3 (2) Any determination made in accordance with sub4 section (b) shall be immediately effective. Such determina5 tion shall be incorporated into the applicable land use plan

6 when such plan is adopted, revised, or significantly amend7 ed pursuant to provisions of law other than this title.

8 (3) In any instance where a determination is made

9 in accordance with subsection (b) that an area is condi10 tionally suitable for all or certain mineral activities, the

11 Secretary concerned shall take appropriate steps to notify

12 the public that any operations permit application relevant

13 to that area shall be conditioned accordingly.

14 (b) SPECIAL CHARACTERISTICS.—(1) The Secretary,

15 or for National Forest System lands the Secretary of Agri16 culture, shall determine that an area open to location is

17 unsuitable for all or certain mineral activities if such Sec18 retary finds that such activities would result in significant,

19 permanent and irreparable damage to special characteris20 tics as described in paragraph (3) which cannot be pre21 vented by the imposition of conditions in the operations

22 permit required under section 214 (b).

23 (2) The Secretary, or for National Forest System

24 lands, the Secretary of Agriculture, may determine, after

25 notice and opportunity for public comment, that an area
89

•HR 3102 IH

1 is conditionally suitable for all or certain types of mineral

2 activities, if the Secretary concerned determines that any

3 of the special characteristics of such area, as listed in

4 paragraph (3), require protection from the effects of min5 eral activities.

6 (3) Any of the following shall be considered special

7 characteristics of an area which contains lands or interests

8 in lands open to location under this title:

9 (A) The existence of significant water quality or

10 supplies in or associated with such area, such as

11 aquifers and aquifer recharge areas.

12 (B) The presence in such area of publicly

13 owned places which are listed on or are determined

14 eligible for listing on the National Register of His15 toric Places.

16 (C) The designation of all or any portion of

17 such area or any adjacent area as a National Con18 servation System unit.

19 (D) The designation of all or any portion of

20 such area or any adjacent area as critical habitat for

21 threatened or endangered species under the Endan22 gered Species Act of 1973.

23 (E) The designation of all or any portion of

24 such area as Class I under section 162 of the Clean

25 Air Act (42 U.S.C. 7401).
90

•HR 3102 IH

1 (F) The presence of such other resource values

2 as the Secretary, or for National Forest System

3 lands, the Secretary of Agriculture, may, by joint

4 rule, specify based upon field testing that verifies

5 such criteria.

6 (c) PERMIT APPLICATION PRIOR TO REVIEW.—(1) If

7 an area covered by an application for a permit required

8 under section 214, has not been reviewed pursuant to sub9 section (a) prior to submission of the application, the Sec10 retary, or for National Forest System lands, the Secretary

11 of Agriculture, shall review the area that would be affected

12 by the proposed mineral activities to determine, according

13 to the provisions of subsection (b), whether the area is

14 unsuitable for all types of mineral activities or condi15 tionally suitable for certain types of mineral activities.

16 Such review and determination shall precede the final de17 cision on the permit application.

18 (2) The Secretary concerned shall use such review in

19 the next revision or significant amendment to the applica20 ble land use plan to the extent necessary to reflect the

21 unsuitability or conditional suitability of such lands.

22 (d) EFFECT OF DETERMINATION.—(1) In any in23 stance in which a determination of unsuitability is made

24 for any area in accordance with subsection (b)(1), all min25 eral activities shall be prohibited in such area, and the
91

•HR 3102 IH

1 Secretary shall (with the consent of the Secretary of Agri2 culture for National Forest System lands) withdraw such

3 area pursuant to section 204 of the Federal Land Policy

4 and Management Act of 1976 (43 U.S.C. 1714). The Sec5 retary’s determination under this section shall constitute

6 the documentation required to be provided under section

7 204(c)(12) of the Federal Land Policy and Management

8 Act of 1976 (43 U.S.C. 1714).

9 (2) In any instance where the Secretary, or for Na10 tional Forest System lands, the Secretary of Agriculture,

11 determines in accordance with subsection (b)(2) that, by

12 reason of any of the special characteristics listed in sub13 section (b)(3), an area is conditionally suitable for all or

14 certain mineral activities, the Secretary concerned shall in15 clude such additional conditions in each permit for mineral

16 activities in such area as necessary to limit or control min17 eral activities to the extent necessary to protect the special

18 characteristics concerned.

19 (3) Nothing in this section shall be construed as af20 fecting lands where mineral activities were being con21 ducted on the date of enactment of this Act under ap22 proved plans of operations or under notice (as provided

23 for in the regulations of the Secretary of the Interior in

24 effect prior to the date of enactment of this Act relating
92

•HR 3102 IH

1 to operations that cause a cumulative disturbance of 5

2 acres or less).

3 (4) Nothing in this section shall be construed as pro4 hibiting mineral activities at a specific site, where substan5 tial legal and financial commitments in such mineral ac6 tivities were in existence on the date of enactment of this

7 Act, but nothing in this section shall be construed as pro8 hibiting either Secretary from regulating such activities in

9 accordance with other authority of law. As used in this

10 paragraph, the term ‘‘substantial legal and financial com11 mitments’’ means, with respect to a specific site, signifi12 cant investments, expenditures, or undertakings that have

13 been made to explore or develop any mining claim or and

14 millsite located at such site under the general mining laws

15 or converted under this title, such as but not limited to:

16 contracts for minerals produced; construction; contracts

17 for the construction; or commitment to raise capital for

18 the construction of processing, beneficiation, extraction, or

19 refining facilities, or transportation or utility infrastruc20 ture; exploration activities conducted to delineate proven

21 or probable ore reserves; acquisition of mining claims (but

22 only if such acquisition is part of other significant invest23 ments specified in this paragraph); and such other costs

24 or expenditures related to mineral activities at such site

25 as are similar to the foregoing itemized costs or expendi-
93

•HR 3102 IH

1 tures and as may be specified by the Secretaries by joint

2 rule.

3 (e) WITHDRAWAL REVIEW.—(1) In carrying out the

4 responsibilities referred to in subsection (a), the Secretary

5 or, for National Forest System lands, the Secretary of Ag6 riculture, shall review all administrative withdrawals of

7 land under such Secretary’s jurisdiction (other than wil8 derness study areas) to determine whether the revocation

9 or modification of such withdrawal for the purpose of al10 lowing such lands to be opened to the location of mining

11 claims under this title is appropriate as a result of either

12 of the following:

13 (A) The imposition of any conditions imposed

14 as part of the land use planning process or the im15 position of any conditions as a result to the review

16 process under subsection (a).

17 (B) The limitation of section 255 (relating to

18 limitation on patent issuance).

19 (2) The Secretary concerned shall publish the review

20 referred to in paragraph (1) in the Federal Register no

21 later than 1 year after the date of enactment of this Act.

22 After providing notice and opportunity for comment, the

23 Secretary may issue a revocation or modification of such

24 administrative withdrawals as he deems appropriate by
94

•HR 3102 IH

1 reason of the criteria listed in subparagraph (A) or (B)

2 of paragraph (1).

3 (f) EXPLORATION REVIEWS.—In conjunction with re4 view of a permit application submitted pursuant to section

5 213, and upon request of the applicant, the Secretary, or

6 for National Forest System lands, the Secretary of Agri7 culture, shall review the area proposed to be affected by

8 mineral activities to determine whether the area would be

9 unsuitable or conditionally suitable for all or certain min10 eral activities.

11 SEC. 220. CERTAIN MINERAL ACTIVITIES COVERED BY

12 OTHER LAW.

13 This subtitle shall not apply to any mineral activities

14 which are subject to the Stock Raising Homestead Act.

15 Subtitle C—Abandoned Locatable

16 Minerals Mine Reclamation Fund

17 SEC. 231. ABANDONED LOCATABLE MINERALS MINE REC18 LAMATION.

19 (a) ESTABLISHMENT.—(1) There is established on

20 the books of the Treasury of the United States a trust

21 fund to be known as the Abandoned Locatable Minerals

22 Mine Reclamation Fund (hereinafter in this subtitle re23 ferred to as the ‘‘Fund’’). The Fund shall be administered

24 by the Secretary acting through the Director of the Office

25 of Surface Mining Reclamation and Enforcement.
95

•HR 3102 IH

1 (2) The Secretary shall notify the Secretary of the

2 Treasury as to what portion of the Fund is not, in the

3 Secretary’s judgment, required to meet current withdraw4 als. The Secretary of the Treasury shall invest such por5 tion of the Fund in public debt securities with maturities

6 suitable for the needs of such Fund and bearing interest

7 at rates determined by the Secretary of the Treasury, tak8 ing into consideration current market yields on outstand9 ing marketplace obligations of the United States of com10 parable maturities. The income on such investments shall

11 be credited to, and form a part of, the Fund.

12 (b) AMOUNTS.—The following amounts shall be cred13 ited to the Fund:

14 (1) All moneys received from the collection of

15 claim maintenance fees under section 207.

16 (2) All moneys collected pursuant to section

17 208 (relating to failure to comply), section 247 (re18 lating to enforcement) and section 245 (relating to

19 citizens suits).

20 (3) All permit fees and transfer fees received

21 under sections 213 and 214.

22 (4) All donations by persons, corporations, as23 sociations, and foundations for the purposes of this

24 subtitle.
96

•HR 3102 IH

1 (5) All amounts referred to in section 236 (re2 lating to royalties and penalties for underreporting).

3 (6) All other receipts from fees, royalties, pen4 alties and other sources collected under this title.

5 (c) ADMINISTRATIVE COSTS.—(1) In calculating the

6 amount to be deposited in the Fund during any fiscal year

7 under subsection (b), the enacted appropriation of the De8 partment of the Interior during the preceding year attrib9 utable to administering this title shall be deducted from

10 the total of the amounts listed in subsection (b) prior to

11 the transfer of such amounts to the Fund.

12 (2) The amount deducted under paragraph (1) of this

13 section shall be available to the Secretary, subject to ap14 propriation, for payment of the costs of administering this

15 title.

16 SEC. 232. USE AND OBJECTIVES OF THE FUND.

17 (a) IN GENERAL.—The Secretary is authorized, sub18 ject to appropriations, to use moneys in the Fund for the

19 reclamation and restoration of land and water resources

20 adversely affected by past mineral activities on lands the

21 legal and beneficial title to which resides in the United

22 States, land within the exterior boundary of any national

23 forest system unit, or other lands described in subsection

24 (d) or section 233, including any of the following:
97

•HR 3102 IH

1 (1) Prevention, abatement, treatment and con2 trol of water pollution created by abandoned mine

3 drainage.

4 (2) Reclamation and restoration of abandoned

5 surface and underground mined areas.

6 (3) Reclamation and restoration of abandoned

7 milling and processing areas.

8 (4) Backfilling, sealing, or otherwise control9 ling, abandoned underground mine entries.

10 (5) Revegetation of land adversely affected by

11 past mineral activities to prevent erosion and sedi12 mentation and to enhance wildlife habitat.

13 (6) Control of surface subsidence due to aban14 doned underground mines.

15 Moneys in the Fund shall also be available for purposes

16 of compensation (and other payments) under section 263.

17 (b) PRIORITIES.—To the extent that moneys in the

18 fund are in excess of the amount of compensation (and

19 other payments) paid under section 263, expenditures of

20 moneys from the Fund shall reflect the following priorities

21 in the order stated:

22 (1) The protection of public health, safety, gen23 eral welfare and property from extreme danger from

24 the adverse effects of past mineral activities, espe-
98

•HR 3102 IH

1 cially as relates to surface water and groundwater

2 contaminates.

3 (2) The protection of public health, safety, and

4 general welfare from the adverse effects of past min5 eral activities.

6 (3) The restoration of land, water and fish and

7 wildlife resources previously degraded by the adverse

8 effects of past mineral activities.

9 (c) HABITAT.—Reclamation and restoration activities

10 under this subtitle, particularly those identified under sub11 section (a)(4), shall include appropriate mitigation meas12 ures to provide for the continuation of any established

13 habitat for wildlife in existence prior to the commencement

14 of such activities.

15 (d) OTHER AFFECTED LANDS.—Where mineral ex16 ploration, mining, beneficiation, processing, or reclamation

17 activities has been carried out with respect to any mineral

18 which would be a locatable mineral if the legal and bene19 ficial title to the mineral were in the United States, if such

20 activities directly affect lands managed by the Bureau of

21 Land Management as well as other lands and if the legal

22 and beneficial title to more than 50 percent of the affected

23 lands resides in the United States, the Secretary is author24 ized, subject to appropriations, to use moneys in the fund
99

•HR 3102 IH

1 for reclamation and restoration under subsection (a) for

2 all directly affected lands.

3 (e) RESPONSE OR REMOVAL ACTIONS.—Reclamation

4 and restoration activities under this subtitle which con5 stitute a removal or remedial action under section 101 of

6 the Comprehensive Environmental Response, Compensa7 tion and Liability Act of 1980, shall be conducted with

8 the concurrence of the Administrator of the Environ9 mental Protection Agency. The Secretary and the Admin10 istrator shall enter into a Memorandum of Understanding

11 to establish procedures for consultation, concurrence,

12 training, exchange of technical expertise and joint activi13 ties under the appropriate circumstances, which provide

14 assurances that reclamation or restoration activities under

15 this subtitle, to the extent practicable, shall not be con16 ducted in a manner that increases the costs or likelihood

17 of removal or remedial actions under the Comprehensive

18 Environmental Response, Compensation and Liability Act

19 of 1980, and which avoid oversight by multiple agencies

20 to the maximum extent practicable.

21 SEC. 233. ELIGIBLE LANDS AND WATERS.

22 (a) ELIGIBILITY.—Reclamation expenditures under

23 this subtitle may only be made with respect to Federal

24 lands or Indian lands or water resources that traverse or

25 are contiguous to Federal lands or Indian lands where
100

•HR 3102 IH

1 such lands or waters resources have been affected by past

2 mineral activities, including any of the following:

3 (1) Lands and water resources which were used

4 for, or affected by, mineral activities and abandoned

5 or left in an inadequate reclamation status before

6 the effective date of this Act.

7 (2) Lands for which the Secretary makes a de8 termination that there is no continuing reclamation

9 responsibility of a claim holder, operator, or other

10 person who abandoned the site prior to completion

11 of required reclamation under State or other Federal

12 laws.

13 (3) Lands for which it can be established that

14 such lands do not contain locatable minerals which

15 could economically be extracted through the reproc16 essing or remining of such lands, unless such consid17 erations are in conflict with the priorities set forth

18 under paragraphs (1) and (2) of section 232(b).

19 (b) SPECIFIC SITES AND AREAS NOT ELIGIBLE.—

20 The provisions of section 411(d) of the Surface Mining

21 Control and Reclamation Act of 1977 shall apply to ex22 penditures made from the Fund established under this

23 subtitle.

24 (c) INVENTORY.—The Secretary shall prepare and

25 maintain an inventory of abandoned locatable minerals
101

•HR 3102 IH

1 mines on Federal lands and any abandoned mine on In2 dian lands which may be eligible for expenditures under

3 this subtitle.

4 SEC. 234. FUND EXPENDITURES.

5 Moneys available from the Fund may be expended for

6 the purposes specified in section 232 directly by the Direc7 tor of the Office of Surface Mining Reclamation and En8 forcement. The Director may also make such money avail9 able for such purposes to the Director of the Bureau of

10 Land Management, the Chief of the United States Forest

11 Service, the Director of the National Park Service, Direc12 tor of the United States Fish and Wildlife Service, to any

13 other agency of the United States, to an Indian tribe, or

14 to any public entity that volunteers to develop and imple15 ment, and that has the ability to carry out, all or a signifi16 cant portion of a reclamation program under this subtitle.

17 SEC. 235. AUTHORIZATION OF APPROPRIATIONS.

18 Amounts credited to the Fund are authorized to be

19 appropriated for the purpose of this subtitle without fiscal

20 year limitation.

21 SEC. 236. ROYALTY.

22 (a) RESERVATION OF ROYALTY.—Production of all

23 locatable minerals from any mining claim located or con24 verted under this title, or mineral concentrates or products

25 derived from locatable minerals from any mining claim lo-
102

•HR 3102 IH

1 cated or converted under this title, as the case may be,

2 shall be subject to a royalty of 8 percent of the net smelter

3 return from such production. The claimholder and any op4 erator to whom the claimholder has assigned the obliga5 tion to make royalty payments under the claim and any

6 person who controls such claimholder or operator shall be

7 jointly and severally liable for payment of such royalties.

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

9 TRANSPORTERS.—(1) A person—

10 (A) who is required to make any royalty pay11 ment under this section shall make such payments

12 to the United States at such times and in such man13 ner as the Secretary may by rule prescribe; and

14 (B) shall notify the Secretary, in the time and

15 manner as may be specified by the Secretary, of any

16 assignment that such person may have made of the

17 obligation to make any royalty or other payment

18 under a mining claim.

19 (2) Any person paying royalties under this section

20 shall file a written instrument, together with the first roy21 alty payment, affirming that such person is liable to the

22 Secretary for making proper payments for all amounts due

23 for all time periods for which such person has a payment

24 responsibility. Such liability for the period referred to in

25 the preceding sentence shall include any and all additional
103

•HR 3102 IH

1 amounts billed by the Secretary and determined to be due

2 by final agency or judicial action. Any person liable for

3 royalty payments under this section who assigns any pay4 ment obligation shall remain jointly and severally liable

5 for all royalty payments due for the claim for the period.

6 (3) A person conducting mineral activities shall—

7 (A) develop and comply with the site security

8 provisions in operations permit designed to protect

9 from theft the locatable minerals, concentrates or

10 products derived therefrom which are produced or

11 stored on a mining claim, and such provisions shall

12 conform with such minimum standards as the Sec13 retary may prescribe by rule, taking into account the

14 variety of circumstances on mining claims; and

15 (B) not later than the 5th business day after

16 production begins anywhere on a mining claim, or

17 production resumes after more than 90 days after

18 production was suspended, notify the Secretary, in

19 the manner prescribed by the Secretary, of the date

20 on which such production has begun or resumed.

21 (4) The Secretary may by rule require any person en22 gaged in transporting a locatable mineral, concentrate, or

23 product derived therefrom to carry on his or her person,

24 in his or her vehicle, or in his or her immediate control,

25 documentation showing, at a minimum, the amount, ori-
104

•HR 3102 IH

1 gin, and intended destination of the locatable mineral, con2 centrate, or product derived therefrom in such cir3 cumstances as the Secretary determines is appropriate.

4 (c) RECORDKEEPING AND REPORTING REQUIRE5 MENTS.—(1) A claim holder, operator, or other person di6 rectly involved in developing, producing, processing, trans7 porting, purchasing, or selling locatable minerals, con8 centrates, or products derived therefrom, subject to this

9 title, through the point of royalty computation shall estab10 lish and maintain any records, make any reports, and pro11 vide any information that the Secretary may reasonably

12 require for the purposes of implementing this section or

13 determining compliance with rules or orders under this

14 section. Such records shall include, but not be limited to,

15 periodic reports, records, documents, and other data. Such

16 reports may also include, but not be limited to, pertinent

17 technical and financial data relating to the quantity, qual18 ity, composition volume, weight, and assay of all minerals

19 extracted from the mining claim. Upon the request of any

20 officer or employee duly designated by the Secretary or

21 any State conducting an audit or investigation pursuant

22 to this section, the appropriate records, reports, or infor23 mation which may be required by this section shall be

24 made available for inspection and duplication by such offi25 cer or employee or State.
105

•HR 3102 IH

1 (2) Records required by the Secretary under this sec2 tion shall be maintained for 6 years after release of finan3 cial assurance under section 216 unless the Secretary noti4 fies the operator that he or she has initiated an audit or

5 investigation involving such records and that such records

6 must be maintained for a longer period. In any case when

7 an audit or investigation is underway, records shall be

8 maintained until the Secretary releases the operator of the

9 obligation to maintain such records.

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

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

12 purchasers, processors, or other persons directly or indi13 rectly involved in the production or sales of minerals cov14 ered by this title, as the Secretary deems necessary for

15 the purposes of ensuring compliance with the require16 ments of this section. For purposes of performing such

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

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

19 and other documents that relate to compliance with any

20 provision of this section by any person.

21 (e) COOPERATIVE AGREEMENTS.—(1) The Secretary

22 is authorized to enter into cooperative agreements with the

23 Secretary of Agriculture to share information concerning

24 the royalty management of locatable minerals, con25 centrates, or products derived therefrom, to carry out in-
106

•HR 3102 IH

1 spection, auditing, investigation, or enforcement (not in2 cluding the collection of royalties, civil or criminal pen3 alties, or other payments) activities under this section in

4 cooperation with the Secretary, and to carry out any other

5 activity described in this section.

6 (2) Except as provided in paragraph (4)(A) of this

7 subsection (relating to trade secrets), and pursuant to a

8 cooperative agreement, the Secretary of Agriculture shall,

9 upon request, have access to all royalty accounting infor10 mation in the possession of the Secretary respecting the

11 production, removal, or sale of locatable minerals, con12 centrates, or products derived therefrom from claims on

13 lands open to location under this title.

14 (3) Trade secrets, proprietary, and other confidential

15 information shall be made available by the Secretary pur16 suant to a cooperative agreement under this subsection to

17 the Secretary of Agriculture upon request only if—

18 (A) the Secretary of Agriculture consents in

19 writing to restrict the dissemination of the informa20 tion to those who are directly involved in an audit

21 or investigation under this section and who have a

22 need to know;

23 (B) the Secretary of Agriculture accepts liabil24 ity for wrongful disclosure; and
107

•HR 3102 IH

1 (C) the Secretary of Agriculture demonstrates

2 that such information is essential to the conduct of

3 an audit or investigation under this subsection.

4 (f) INTEREST AND SUBSTANTIAL UNDERREPORTING

5 ASSESSMENTS.—(1) In the case of mining claims where

6 royalty payments are not received by the Secretary on the

7 date that such payments are due, the Secretary shall

8 charge interest on such underpayments at the same inter9 est rate as is applicable under section 6621(a)(2) of the

10 Internal Revenue Code of 1986. In the case of an

11 underpayment, interest shall be computed and charged

12 only on the amount of the deficiency and not on the total

13 amount.

14 (2) If there is any underreporting of royalty owed on

15 production from a claim for any production month by any

16 person liable for royalty payments under this section, the

17 Secretary may assess a penalty of 10 percent of the

18 amount of that underreporting.

19 (3) If there is a substantial underreporting of royalty

20 owed on production from a claim for any production

21 month by any person responsible for paying the royalty,

22 the Secretary may assess a penalty of 10 percent of the

23 amount of that underreporting.

24 (4) For the purposes of this subsection, the term

25 ‘‘substantial underreporting’’ means the difference be-
108

•HR 3102 IH

1 tween the royalty on the value of the production which

2 should have been reported and the royalty on the value

3 of the production which was reported, if the value which

4 should have been reported is greater than the value which

5 was reported. An underreporting constitutes a ‘‘substan6 tial underreporting’’ if such difference exceeds 10 percent

7 of the royalty on the value of production which should

8 have been reported.

9 (5) The Secretary shall not impose the assessment

10 provided in paragraph (2) or (3) of this subsection if the

11 person liable for royalty payments under this section cor12 rects the underreporting before the date such person re13 ceives notice from the Secretary that an underreporting

14 may have occurred, or before 90 days after the date of

15 the enactment of this section, whichever is later.

16 (6) The Secretary shall waive any portion of an as17 sessment under paragraph (2) or (3) of this subsection

18 attributable to that portion of the underreporting for

19 which the person responsible for paying the royalty dem20 onstrates that—

21 (A) such person had written authorization from

22 the Secretary to report royalty on the value of the

23 production on basis on which it was reported, or
109

•HR 3102 IH

1 (B) such person had substantial authority for

2 reporting royalty on the value of the production on

3 the basis on which it was reported, or

4 (C) such person previously had notified the Sec5 retary, in such manner as the Secretary may by rule

6 prescribe, of relevant reasons or facts affecting the

7 royalty treatment of specific production which led to

8 the underreporting, or

9 (D) such person meets any other exception

10 which the Secretary may, by rule, establish.

11 (7) All penalties collected under this subsection shall

12 be deposited in the Fund.

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

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

15 acting through the Director of the Minerals Management

16 Service.

17 (h) EXPANDED ROYALTY OBLIGATIONS.—Each per18 son liable for royalty payments under this section shall

19 be jointly and severally liable for royalty on all locatable

20 minerals, concentrates, or products derived therefrom lost

21 or wasted from a mining claim located or converted under

22 this section when such loss or waste is due to negligence

23 on the part of any person or due to the failure to comply

24 with any rule, regulation, or order issued under this sec25 tion.
110

•HR 3102 IH

1 (i) EXCEPTION.—No royalty shall be payable under

2 subsection (a) with respect to minerals processed at a fa3 cility by the same person or entity which extracted the

4 minerals if an urban development action grant has been

5 made under section 119 of the Housing and Community

6 Development Act of 1974 with respect to any portion of

7 such facility.

8 (j) DEFINITION.—For the proposes of this section,

9 for any locatable mineral, the term ‘‘net smelter return’’

10 shall have the same meaning as the term defined in section

11 613(c)(1) of the Internal Revenue Code of 1986.

12 (k) EFFECTIVE DATE.—The royalty under this sec13 tion shall take effect with respect to the production of

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

15 royalty payments attributable to production during the

16 first 12 calendar months after the enactment of this Act

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

18 Subtitle D—Administrative and

19 Miscellaneous Provisions

20 PART 1—ADMINISTRATIVE PROVISIONS

21 SEC. 241. POLICY FUNCTIONS.

22 (a) MINERALS POLICY.—Section 2 of the Mining and

23 Minerals Policy Act of 1970 (30 U.S.C. 21a) is amended

24 by adding at the end thereof the following: ‘‘It shall also

25 be the responsibility of the Secretary of Agriculture to
111

•HR 3102 IH

1 carry out the policy provisions of paragraphs (1) and (2)

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) is amended by inserting

6 before the period the following: ‘‘, except that for National

7 Forest System lands the Secretary of Agriculture shall

8 promptly initiate actions to improve the availability and

9 analysis of mineral data in Federal land use decisionmak10 ing’’.

11 SEC. 242. USER FEES.

12 The Secretary and the Secretary of Agriculture are

13 each authorized to establish and collect from persons sub14 ject to the requirements of this title such user fees as may

15 be necessary to reimburse the United States for the 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 SEC. 243. PUBLIC PARTICIPATION REQUIREMENTS.

23 (a) OPERATIONS PERMIT.—(1) Concurrent with sub24 mittal of an application for an operations permit under

25 section 214 or a renewal or significant modification there-
112

•HR 3102 IH

1 of, the applicant shall publish a notice in a newspaper of

2 local circulation at least once a week for 4 consecutive

3 weeks. The notice shall include: the name of the applicant,

4 the location of the proposed mineral activities, the type

5 and expected duration of the proposed mineral activities,

6 the proposed use of the land after the completion of min7 eral activities and a location where such plans are publicly

8 available. The applicant shall also notify in writing other

9 Federal, State and local government agencies and Indian

10 tribes that regulate mineral activities or land planning de11 cisions in the area subject to mineral activities or that

12 manage lands adjacent to the area subject to mineral ac13 tivities. The applicant shall provide proof of such notifica14 tion to the Secretary, or for National Forest System lands

15 the Secretary of Agriculture.

16 (2) The applicant for an operations permit shall make

17 copies of the complete permit application available for

18 public review at the office of the responsible Federal sur19 face management agency located nearest to the location

20 of the proposed mineral activities, and at such other public

21 locations deemed appropriate by the State or local govern22 ment for the county in which the proposed mineral activi23 ties will occur prior to final decision by the Secretary, or

24 for National Forest System lands the Secretary of Agri25 culture. Any person, and the authorized representative of
113

•HR 3102 IH

1 a Federal, State or local governmental agency or Indian

2 tribe, shall have the right to file written comments relating

3 to the approval or disapproval of the permit application

4 until 30 days after the last day of newspaper publication.

5 The Secretary concerned shall promptly make such com6 ments available to the applicant.

7 (3) Any person may file written comments during the

8 comment period specified in paragraph (2) and any person

9 who is, or may be, adversely affected by the proposed min10 eral activities may request a nonadjudicatory public hear11 ing to be held in the county in which the mineral activities

12 are proposed. The Secretary concerned shall consider all

13 written comments filed during such period. If a hearing

14 is requested by any person who is, or may be, adversely

15 affected by the proposed mineral activities, the Secretary

16 concerned shall consider such request and may conduct

17 such hearing. When a hearing is to be held, notice of such

18 hearing shall be published in a newspaper of local circula19 tion at least once a week for 2 weeks prior to the hearing

20 date.

21 SEC. 244. INSPECTION AND MONITORING.

22 (a) INSPECTIONS.—(1) The Secretary, or for Na23 tional Forest System lands the Secretary of Agriculture,

24 shall make inspections of mineral activities so as to ensure
114

•HR 3102 IH

1 compliance with the surface management requirements of

2 subtitle B.

3 (2) The Secretary concerned shall establish a fre4 quency of inspections for mineral activities conducted

5 under a permit issued under subtitle B, but in no event

6 shall such inspection frequency be less than one complete

7 inspection per calendar quarter or, two per calendar quar8 ter in the case of a permit for which the Secretary con9 cerned approves an application under section 214(g) (re10 lating to temporary cessation of operations). After

11 revegetation has been established in accordance with a rec12 lamation plan, such Secretary shall conduct annually 2

13 complete inspections. Such Secretary shall have the discre14 tion to modify the inspection frequency for mineral activi15 ties that are conducted on a seasonal basis. Inspections

16 shall continue under this subsection until final release of

17 financial assurance.

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

19 she is or may be adversely affected by mineral activities

20 due to any violation of the surface management require21 ments may request an inspection. The Secretary, or for

22 National Forest System lands the Secretary of Agri23 culture, shall determine within 10 working days of receipt

24 of the request whether the request states a reason to be25 lieve that a violation exists. If the person alleges and pro-
115

•HR 3102 IH

1 vides reason to believe that an imminent threat to the en2 vironment or danger to the health or safety of the public

3 exists, the 10-day period shall be waived and the inspec4 tion shall be conducted immediately. When an inspection

5 is conducted under this paragraph, the Secretary con6 cerned shall notify the person requesting the inspection,

7 and such person shall be allowed to accompany the Sec8 retary concerned or the Secretary’s authorized representa9 tive during the inspection. The Secretary shall not incur

10 any liability for allowing such person to accompany an au11 thorized representative. The identity of the person supply12 ing information to the Secretary relating to a possible vio13 lation or imminent danger or harm shall remain confiden14 tial with the Secretary if so requested by that person, un15 less that person elects to accompany an authorized rep16 resentative on the inspection.

17 (B) The Secretaries shall, by joint rule, establish pro18 cedures for the review of (i) any decision by an authorized

19 representative not to inspect or (ii) any refusal by such

20 representative to ensure that remedial actions are taken

21 with respect to any alleged violation. The Secretary con22 cerned shall furnish such persons requesting the review

23 a written statement of the reasons for the Secretary’s final

24 disposition of the case.
116

•HR 3102 IH

1 (b) MONITORING.—(1) The Secretary, or for Na2 tional Forest System lands the Secretary of Agriculture,

3 shall require all operators to develop and maintain a mon4 itoring and evaluation system which shall identify compli5 ance with all surface management requirements.

6 (2) Monitoring shall be conducted as close as tech7 nically feasible to the mineral activity involved, and in all

8 cases such monitoring shall be conducted within the per9 mit area.

10 (3) The point of compliance referred to in paragraph

11 (1) shall be as close to the mineral activity involved as

12 is technically feasible, but in any event shall be located

13 to comply with applicable State and Federal standards.

14 In no event shall the point of compliance be outside the

15 permit area.

16 (4) The Secretary concerned may require additional

17 monitoring be conducted as necessary to assure compli18 ance with the reclamation and other environmental stand19 ards of this title.

20 (5) The operator shall file reports with the Secretary,

21 or for National Forest System lands the Secretary of Agri22 culture, on a frequency determined by the Secretary con23 cerned, on the results of the monitoring and evaluation

24 process, except that if the monitoring and evaluation show

25 a violation of the surface management requirements, it
117

•HR 3102 IH

1 shall be reported immediately to the Secretary concerned.

2 Information received pursuant to this subsection from any

3 natural person shall not be used against any such natural

4 person in any criminal case, except a prosecution for per5 jury or for giving a false statement. The Secretary shall

6 evaluate the reports submitted pursuant to this para7 graph, and based on those reports and any necessary in8 spection shall take enforcement action pursuant to this

9 section.

10 (6) The Secretary, or for National Forest System

11 lands the Secretary of Agriculture, shall determine what

12 information must be reported by the operator pursuant

13 to paragraph (5). A failure to report as required by the

14 Secretary concerned shall constitute a violation of this title

15 and subject the operator to enforcement action pursuant

16 to section 247.

17 SEC. 245. CITIZENS SUITS.

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

19 (b), any person having an interest which is or may be ad20 versely affected may commence a civil action on his or her

21 own behalf to compel compliance—

22 (1) against any person (including the Secretary

23 or the Secretary of Agriculture) alleged to have vio24 lated (if there is evidence the alleged violation has

25 been repeated), or to be in violation of, any of the
118

•HR 3102 IH

1 provisions of subtitle B or section 244 of this title

2 or any regulation promulgated pursuant to subtitle

3 B or section 244 of this title or any term or condi4 tion of any permit issued under subtitle B of this

5 title; or

6 (2) against the Secretary or the Secretary of

7 Agriculture where there is alleged a failure of such

8 Secretary to perform any act or duty under subtitle

9 B or section 244 of this title, or to promulgate any

10 regulation under subtitle B or section 244 of this

11 title, which is not within the discretion of the Sec12 retary concerned.

13 The United States district courts shall have jurisdiction

14 over actions brought under this section, without regard to

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

16 including actions brought to apply any civil penalty under

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

18 have jurisdiction to compel agency action unreasonably de19 layed, except that an action to compel agency action

20 reviewable under section 246 may only be filed in a United

21 States District Court within the circuit in which such ac22 tion would be reviewable under section 246.

23 (b) EXCEPTIONS.—(1) No action may be commenced

24 under subsection (a) prior to 60 days after the plaintiff

25 has given notice in writing of such alleged violation to the
119

•HR 3102 IH

1 Secretary, or for National Forest System lands the Sec2 retary of Agriculture, except that any such action may be

3 brought immediately after such notification if the violation

4 complained of constitutes an imminent threat to the envi5 ronment or to the health or safety of the public.

6 (2) No action may be brought against any person

7 other than the Secretary or the Secretary of Agriculture

8 under subsection (a)(1) if such Secretary has commenced

9 and is diligently prosecuting a civil or criminal action in

10 a court of the United States to require compliance.

11 (3) No action may be commenced under paragraph

12 (2) of subsection (a) against either Secretary to review any

13 rule promulgated by, or to any permit issued or denied

14 by such Secretary if such rule or permit issuance or denial

15 is judicially reviewable under section 246 or under any

16 other provision of law at any time after such promulga17 tion, issuance, or denial is final.

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

19 section shall be determined in accordance with section

20 1391 of title 28 of the United States Code.

21 (d) INTERVENTION; NOTICE.—(1) In any action

22 under this section, the Secretary, or for National Forest

23 System lands the Secretary of Agriculture, may intervene

24 as a matter of right at any time. A judgment in an action

25 under this section to which the United States is not a
120

•HR 3102 IH

1 party shall not have any binding effect upon the United

2 States.

3 (2) Whenever an action is brought under this section

4 the plaintiff shall serve a copy of the complaint on the

5 Attorney General of the United States and on the Sec6 retary, or for National Forest System lands the Secretary

7 of Agriculture. No consent judgment shall be entered in

8 an action brought under this section in which the United

9 States is not a party prior to 45 days following the date

10 on which a copy of the proposed consent judgment is sub11 mitted to the Attorney General and the Secretary, or for

12 National Forest System lands the Secretary of Agri13 culture. During such 45-day period the Attorney General

14 or such Secretary may submit comments on the proposed

15 consent judgment to the court and parties or may inter16 vene as a matter of right.

17 (e) COSTS.—The court, in issuing any final order in

18 any action brought pursuant to this section may award

19 costs of litigation (including attorney and expert witness

20 fees) to any prevailing party whenever the court deter21 mines such award is appropriate. The court may, if a tem22 porary restraining order or preliminary injunction is

23 sought, require the filing of a bond or equivalent security

24 in accordance with the Federal Rules of Civil Procedure.
121

•HR 3102 IH

1 (f) SAVINGS CLAUSE.—Nothing in this section shall

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

3 may have under chapter 7 of title 5 of the United States

4 Code, under section 246 of this title or under any other

5 statute or common law to bring an action to seek any relief

6 against the Secretary or the Secretary of Agriculture or

7 against any other person, including any action for any vio8 lation of this title or of any regulation or permit issued

9 under this title or for any failure to act as required by

10 law. Nothing in this section shall affect the jurisdiction

11 of any court under any provision of title 28 of the United

12 States Code, including any action for any violation of this

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

14 or for any failure to act as required by law. Nothing in

15 this title shall be construed to be a waiver of the sovereign

16 immunity of an Indian tribe except as provided for in sec17 tion 212(c).

18 SEC. 246. ADMINISTRATIVE AND JUDICIAL REVIEW.

19 (a) REVIEW BY SECRETARY.—(1)(A) Any person is20 sued a notice of violation or cessation order under section

21 247, or any person having an interest which is or may

22 be adversely affected by such notice or order, may apply

23 to the Secretary, or for National Forest System lands the

24 Secretary of Agriculture, for review of the notice or order

25 within 30 days of receipt thereof, or as the case may be,
122

•HR 3102 IH

1 within 30 days of such notice or order being modified, va2 cated or terminated.

3 (B) Any person who is subject to a penalty assessed

4 under section 218, section 219(c), or section 247 may

5 apply to the Secretary concerned for review of the assess6 ment within 30 days of notification of such penalty.

7 (C) Any person having an interest which is or may

8 be adversely affected by a decision made by the Secretary

9 or the Secretary of Agriculture under section 213, 214,

10 215, 216, 219, or 244(a)(3) may apply to such Secretary

11 for review of the decision within 30 days after it is made.

12 (2) The Secretary concerned shall provide an oppor13 tunity for a public hearing at the request of any party

14 to the proceeding as specified in paragraph (1). The filing

15 of an application for review under this subsection shall not

16 operate as a stay of any order or notice issued under sec17 tion 247.

18 (3) For any review proceeding under this subsection,

19 the Secretary concerned shall make findings of fact and

20 shall issue a written decision incorporating therein an

21 order vacating, affirming, modifying or terminating the

22 notice, order or decision, or with respect to an assessment,

23 the amount of penalty that is warranted. Where the appli24 cation for review concerns a cessation order issued under

25 section 247, the Secretary concerned shall issue the writ-
123

•HR 3102 IH

1 ten decision within 30 days of the receipt of the applica2 tion for review or within 30 days after the conclusion of

3 any hearing referred to in paragraph (2), whichever is

4 later, unless temporary relief has been granted by the Sec5 retary concerned under paragraph (4).

6 (4) Pending completion of any review proceedings

7 under this subsection, the applicant may file with the Sec8 retary, or for National Forest System lands the Secretary

9 of Agriculture, a written request that the Secretary grant

10 temporary relief from any order issued under section 247

11 together with a detailed statement giving reasons for such

12 relief. The Secretary concerned shall expeditiously issue

13 an order or decision granting or denying such relief. The

14 Secretary concerned may grant such relief under such con15 ditions as he may prescribe only if such relief shall not

16 adversely affect the health or safety of the public or cause

17 significant, imminent environmental harm to land, air or

18 water resources.

19 (5) The availability of review under this subsection

20 shall not be construed to limit the operation of rights

21 under section 245.

22 (b) JUDICIAL REVIEW.—(1) Any final action by the

23 Secretaries of the Interior and Agriculture in promulgat24 ing regulations to implement this title, or any other final

25 actions constituting rulemaking to implement this title,
124

•HR 3102 IH

1 shall be subject to judicial review only in the United States

2 Court of Appeals for the District of Columbia. Any action

3 subject to judicial review under this subsection shall be

4 affirmed unless the court concludes that such action is ar5 bitrary, capricious, or otherwise inconsistent with law. A

6 petition for review of any action subject to judicial review

7 under this subsection shall be filed within 60 days from

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

9 is based solely on grounds arising after the sixtieth day.

10 Any such petition may be made by any person who com11 mented or otherwise participated in the rulemaking or any

12 person who may be adversely affected by the action of the

13 Secretaries.

14 (2) Final agency action under this title, including

15 such final action on those matters described under sub16 section (a), shall be subject to judicial review in accord17 ance with paragraph (4) and pursuant to section 1391 of

18 title 28 of the United States Code on or before 60 days

19 from the date of such final action. Any action subject to

20 judicial review under this subsection shall be affirmed un21 less the court concludes that such action is arbitrary, ca22 pricious, or otherwise inconsistent with law.

23 (3) The availability of judicial review established in

24 this subsection shall not be construed to limit the oper-
125

•HR 3102 IH

1 ations of rights under section 245 (relating to citizens

2 suits).

3 (4) The court shall hear any petition or complaint

4 filed under this subsection solely on the record made be5 fore the Secretary or Secretaries concerned. The court

6 may affirm or vacate any order or decision or may remand

7 the proceedings to the Secretary or Secretaries for such

8 further action as it may direct.

9 (5) The commencement of a proceeding under this

10 section shall not, unless specifically ordered by the court,

11 operate as a stay of the action, order or decision of the

12 Secretary or Secretaries concerned.

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

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

15 equal to the aggregate amount of all costs and expenses

16 (including attorney fees) as determined by the Secretary

17 or Secretaries concerned or the court to have been reason18 ably incurred by such person for or in connection with par19 ticipation in such proceedings, including any judicial re20 view of the proceeding, may be assessed against either

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

22 Secretary or Secretaries concerned in the case of adminis23 trative proceedings, deems proper if it is determined that

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

25 success on the merits, and that such party made a sub-
126

•HR 3102 IH

1 stantial contribution to a full and fair determination of

2 the issues.

3 SEC. 247. ENFORCEMENT.

4 (a) ORDERS.—(1) If the Secretary, or for National

5 Forest System lands the Secretary of Agriculture, or an

6 authorized representative of such Secretary, determines

7 that any person is in violation of any surface management

8 or monitoring requirement, such Secretary or authorized

9 representative shall issue to such person a notice of viola10 tion describing the violation and the corrective measures

11 to be taken. The Secretary concerned, or the authorized

12 representative of such Secretary, shall provide such person

13 with a period of time not to exceed 30 days to abate the

14 violation. Such period of time may be extended by the Sec15 retary concerned upon a showing of good cause by such

16 person. If, upon the expiration of time provided for such

17 abatement, the Secretary concerned, or the authorized

18 representative of such Secretary, finds that the violation

19 has not been abated he shall immediately order a cessation

20 of all mineral activities or the portion thereof relevant to

21 the violation.

22 (2) If the Secretary concerned, or the authorized rep23 resentative of the Secretary concerned, determines that

24 any condition or practice exists, or that any person is in

25 violation of any surface management or monitoring re-
127

•HR 3102 IH

1 quirement, and such condition, practice or violation is

2 causing, or can reasonably be expected to cause—

3 (A) an imminent danger to the health or safety

4 of the public; or

5 (B) significant, imminent environmental harm

6 to land, air, water, fish or wildlife resources;

7 such Secretary or authorized representative shall imme8 diately order a cessation of mineral activities or the por9 tion thereof relevant to the condition, practice or violation.

10 (3)(A) A cessation order pursuant to paragraphs (1)

11 or (2) shall remain in effect until such Secretary, or au12 thorized representative, determines that the condition,

13 practice or violation has been abated, or until modified,

14 vacated or terminated by the Secretary or authorized rep15 resentative. In any such order, the Secretary or authorized

16 representative shall determine the steps necessary to abate

17 the violation in the most expeditious manner possible and

18 shall include the necessary measures in the order. The

19 Secretary concerned shall require appropriate financial as20 surances to ensure that the abatement obligations are met.

21 (B) Any notice or order issued pursuant to para22 graphs (1) or (2) may be modified, vacated or terminated

23 by the Secretary concerned or an authorized representa24 tive of such Secretary. Any person to whom any such no-
128

•HR 3102 IH

1 tice or order is issued shall be entitled to a hearing on

2 the record.

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

4 to in paragraph (3)(A) the required abatement has not

5 occurred the Secretary concerned shall take such alter6 native enforcement action against the claimholder or oper7 ator (or any person who controls the claimholder or opera8 tor) as will most likely bring about abatement in the most

9 expeditious manner possible. Such alternative enforcement

10 action may include, but is not necessarily limited to, seek11 ing appropriate injunctive relief to bring about abatement.

12 Nothing in this paragraph shall preclude the Secretary,

13 or for National Forest System lands the Secretary of Agri14 culture, from taking alternative enforcement action prior

15 to the expiration of 30 days.

16 (5) If a claimholder or operator (or any person who

17 controls the claimholder or operator) fails to abate a viola18 tion or defaults on the terms of the permit, the Secretary,

19 or for National Forest System lands the Secretary of Agri20 culture, shall forfeit the financial assurance for the plan

21 as necessary to ensure abatement and reclamation under

22 this title. The Secretary concerned may prescribe condi23 tions under which a surety may perform reclamation in

24 accordance with the approved plan in lieu of forfeiture.
129

•HR 3102 IH

1 (6) The Secretary, or for National Forest System

2 lands the Secretary of Agriculture, shall not cause forfeit3 ure of the financial assurance while administrative or judi4 cial review is pending.

5 (7) In the event of forfeiture, the claim holder, opera6 tor, or any affiliate thereof, as appropriate as determined

7 by the Secretary by rule, shall be jointly and severally lia8 ble for any remaining reclamation obligations under this

9 title.

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

11 Forest System lands the Secretary of Agriculture, may re12 quest the Attorney General to institute a civil action for

13 relief, including a permanent or temporary injunction or

14 restraining order, or any other appropriate enforcement

15 order, including the imposition of civil penalties, in the dis16 trict court of the United States for the district in which

17 the mineral activities are located whenever a person—

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

19 order issued by the Secretary concerned under sub20 section (a); or

21 (2) interferes with, hinders or delays the Sec22 retary concerned in carrying out an inspection under

23 section 244.

24 Such court shall have jurisdiction to provide such relief

25 as may be appropriate. Any relief granted by the court
130

•HR 3102 IH

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

2 in effect until the completion or final termination of all

3 proceedings for review of such order unless the district

4 court granting such relief sets it aside.

5 (c) DELEGATION.—Notwithstanding any other provi6 sion of law, the Secretary may utilize personnel of the Of7 fice of Surface Mining Reclamation and Enforcement to

8 ensure compliance with the requirements of this title.

9 (d) PENALTIES.—(1) Any person who fails to comply

10 with any surface management requirement shall be liable

11 for a penalty of not more than $25,000 per violation. Each

12 day of violation may be deemed a separate violation for

13 purposes of penalty assessments.

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

15 a cessation order has been issued under subsection (a)

16 within the period permitted for its correction shall be as17 sessed a civil penalty of not less than $1,000 per violation

18 for each day during which such failure continues, but in

19 no event shall such assessment exceed a 30-day period.

20 (3) Whenever a corporation is in violation of a surface

21 management requirement or fails or refuses to comply

22 with an order issued under subsection (a), any director,

23 officer or agent of such corporation who knowingly author24 ized, ordered, or carried out such violation, failure or re-
131

•HR 3102 IH

1 fusal shall be subject to the same penalties as may be im2 posed upon the person referred to in paragraph (1).

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

4 or for National Forest System lands the Secretary of Agri5 culture, may suspend or revoke a permit issued under sub6 title B, in whole or in part, if the operator or person con7 ducting mineral activities—

8 (1) knowingly made or knowingly makes any

9 false, inaccurate, or misleading material statement

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

11 record, report, plan, or other document filed or re12 quired to be maintained under this title;

13 (2) fails to abate a violation covered by a ces14 sation order issued under subsection (a);

15 (3) fails to comply with an order of the Sec16 retary concerned;

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

18 title;

19 (5) fails to maintain an adequate financial as20 surance under section 216;

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

22 moneys due and owing under this title; or

23 (7) with regard to plans conditionally approved

24 under section 215(c)(2), fails to abate a violation to

25 the satisfaction of the Secretary concerned, or if the
132

•HR 3102 IH

1 validity of the violation is upheld on the appeal

2 which formed the basis for the conditional approval.

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

4 who knowingly—

5 (1) makes any false material statement, rep6 resentation, or certification in, or omits or conceals

7 material information from, or unlawfully alters, any

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

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

10 be maintained under this title; or

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

12 or fails to install any monitoring device or method

13 be required to be maintained under this title,

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

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

16 years, or by both. If a conviction of a person is for a viola17 tion committed after a first conviction of such person

18 under this paragraph, punishment shall be by a fine of

19 not more than $20,000 per day of violation, or by impris20 onment of not more than 4 years, or both. Each day of

21 continuing violation may be deemed a separate violation

22 for purposes of penalty assessments.

23 (g) KNOWING VIOLATIONS.—Any person who know24 ingly—
133

•HR 3102 IH

1 (1) engages in mineral activities without a per2 mit required under subtitle B, or

3 (2) violates any other surface management re4 quirement of this title or any provision of a permit

5 issued under this title (including any exploration or

6 operations plan on which such permit is based), or

7 condition or limitation thereof,

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

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

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

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

12 after the first conviction of such person under this para13 graph, punishment shall be a fine of not less than $10,000

14 per day of violation, or by imprisonment of not more than

15 6 years, or both.

16 (h) FAILURE TO COMPLY WITH ROYALTY REQUIRE17 MENTS.—(1) Any person who fails to comply with the re18 quirements of section 236 or any regulation or order is19 sued to implement section 236 shall be liable for a civil

20 penalty under section 109 of the Federal Oil and Gas Roy21 alty Management Act of 1982 (30 U.S.C. 1719) to the

22 same extent as if the claim located or converted under this

23 title were a lease under that Act.

24 (2) Any person who knowingly and willfully commits

25 an act for which a civil penalty is provided in paragraph
134

•HR 3102 IH

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

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

3 2 years, or both.

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

5 term ‘‘person’’ includes a person as defined in section 3(a)

6 and any officer, agent, or employee of any such person.

7 SEC. 248. REGULATIONS; EFFECTIVE DATES.

8 (a) EFFECTIVE DATE.—The provisions of this title

9 shall take effect on the date of enactment of this Act, ex10 cept as otherwise provided in this title.

11 (b) REGULATIONS.—The Secretary and the Secretary

12 of Agriculture may issue such regulations as may be nec13 essary under this title. The regulations implementing sub14 title B and the provisions of subtitle D which affect the

15 United States Forest Service shall be joint regulations is16 sued by both Secretaries.

17 (c) NOTICE.—Within 180 days after the date of en18 actment of this Act, the Secretary shall give notice to hold19 ers of mining claims and mill sites maintained under the

20 general mining laws as to the requirements of sections

21 206, 207, and 218.
135

•HR 3102 IH

1 PART 2—MISCELLANEOUS PROVISIONS

2 SEC. 249. TRANSITIONAL RULES; SURFACE MANAGEMENT

3 REQUIREMENTS.

4 (a) NEW CLAIMS.—Notwithstanding any other provi5 sion of law, any mining claim for a locatable mineral on

6 lands subject to this title located after the date of enact7 ment of this Act shall be subject to the requirements of

8 subtitle B.

9 (b) PREEXISTING CLAIMS.—(1) Notwithstanding any

10 other provision of law, any unpatented mining claim or

11 mill site located under the general mining laws before the

12 date of enactment of this Act for which a plan of operation

13 has not been approved or a notice filed prior to the date

14 of enactment shall upon the effective date of this title, be

15 subject to the requirements of subtitle B, except as pro16 vided in paragraphs (2) and (3).

17 (2)(A) If a plan of operations had been approved for

18 mineral activities on any claim or site referred to in para19 graph (1) prior to the date of enactment this Act, for a

20 period of 5 years after the effective date of this title min21 eral activities at such claim or site shall be subject to such

22 plan of operations (or a modification or amendment there23 to prepared in accordance with the provisions of law appli24 cable prior to the enactment of this Act). During such 5-

25 year period, modifications of, or amendments to, any such

26 plan may be made in accordance with the provisions of
136

•HR 3102 IH

1 law applicable prior to the enactment of this Act if such

2 modifications or amendments are deemed minor by the

3 Secretary concerned. After such 5-year period the require4 ments of subtitle B shall apply, subject to the limitations

5 of section 219. In order to meet the requirements of sub6 title B, the person conducting mineral activities under

7 such plan of operations (or modified or amended plan)

8 shall apply for a modification under section 213(f) and

9 214(f) no later than 3 years after the date of enactment

10 of this Act. For purposes of this paragraph, any modifica11 tion or amendment which extends the area covered by the

12 plan (except for incidental boundary revisions) or which

13 significantly increases the risk of adverse effects on the

14 environment shall not be subject to this paragraph and

15 shall be subject to other provisions of this title.

16 (B) During the 5-year period referred to in subpara17 graph (A) the provisions of section 244 (relating to inspec18 tion and monitoring) and section 247 (relating to enforce19 ment) shall apply on the basis of the surface management

20 requirements applicable to such plans of operations prior

21 to the effective date of this title.

22 (C) Where an application for modification or amend23 ment of a plan of operations referred to in subparagraph

24 (A) has been timely submitted and an approved plan ex25 pires prior to Secretarial action on the application, mineral
137

•HR 3102 IH

1 activities and reclamation may continue in accordance

2 with the terms of the expired plan until the Secretary

3 makes an administrative decision on the application.

4 (3)(A) If a substantially complete application for ap5 proval of a plan of operations or for a modification of,

6 or amendment to, a plan of operations had been submitted

7 by January 5, 1995 and either a scoping document or an

8 Environmental Assessment prepared for purposes of com9 pliance with the National Environmental Policy Act of

10 1969 had been published with respect to such plan, modi11 fication, or amendment before the date of the enactment

12 of this Act but the submitted plan of operations or modi13 fication or amendment had not been approved for mineral

14 activities on any claim or site referred to in paragraph

15 (1) prior to such date of enactment, for a period of 5 years

16 after the effective date of this title mineral activities at

17 such claim or site shall be subject to the provisions of law

18 applicable prior to the enactment of this Act. During such

19 5-year period, subsequent modifications of, or amend20 ments to, any such plan may be made in accordance with

21 the provisions of law applicable prior to the enactment of

22 this Act if such subsequent modifications or amendments

23 are deemed minor by the Secretary concerned. After such

24 5-year period, the requirements of subtitle B shall apply,

25 subject to the limitations of section 219. For purposes of
138

•HR 3102 IH

1 this paragraph, any subsequent modification or amend2 ment which extends the area covered by the plan (except

3 for incidental boundary revisions) or which significantly

4 increases the risk of adverse effects on the environment

5 shall not be subject to this paragraph and shall be subject

6 to other provisions of this title.

7 (B) In order to meet the requirements of subtitle B,

8 the person conducting mineral activities under a plan of

9 operations (or modified or amended plan referred to in

10 subparagraph (A)) shall apply for a modification under

11 sections 213(f) and 214(f) no later than 3 years after the

12 date of enactment of this Act. During such 5-year period

13 the provisions of section 244 (relating to inspection and

14 monitoring) and section 247 (relating to enforcement)

15 shall apply on the basis of the surface management re16 quirements applicable to such plans of operations prior to

17 the effective date of this Act.

18 (C) Where an application for modification or amend19 ment of a plan of operations referred to in subparagraph

20 (A) has been timely submitted and an approved plan ex21 pires prior to Secretarial action on the application, mineral

22 activities and reclamation may continue in accordance

23 with the terms of the expired plan until the Secretary

24 makes an administrative decision on the application.
139

•HR 3102 IH

1 (4) If a notice or notice of intent had been filed with

2 the authorized officer in the applicable office of the Bu3 reau of Land Management or the United States Forest

4 Service (as provided for in the regulations of the Secretary

5 of the Interior or the Secretary of Agriculture, respec6 tively, in effect prior to the date of enactment of this Act)

7 prior to the date of enactment this Act, mineral activities

8 may continue under such notice or notice of intent for a

9 period of 2 years after the effective date of this Act, after

10 which time the requirements of subtitle B shall apply, sub11 ject to the limitations of section 219(d)(2). In order to

12 meet the requirements of subtitle B, the person conduct13 ing mineral activities under such notice or notice of intent

14 must apply for a permit under section 213 or 214 no later

15 than 18 months after the effective date of this title, unless

16 such mineral activities are conducted pursuant to section

17 212(b). During such 2-year period the provisions of sec18 tion 244 (relating to inspection and monitoring) and 247

19 (relating to enforcement) shall apply on the basis of the

20 surface management requirements applicable to such no21 tices prior to the effective date of this title.

22 SEC. 250. CLAIMS SUBJECT TO SPECIAL RULES.

23 (a) CERTAIN CLAIMS NOT CONVERTED.—Notwith24 standing any other provision of law, except as provided

25 under subsection (c), an unpatented mining claim referred
140

•HR 3102 IH

1 to in section 37 of the Mineral Leasing Act (30 U.S.C.

2 193) shall not be converted under section 206 of this title

3 until the Secretary determines that the claim was valid

4 on the date of enactment of the Mineral Leasing Act and

5 has been maintained in compliance with the general min6 ing laws.

7 (b) CONTEST PROCEEDINGS.—As soon as practicable

8 after the date of enactment of this Act, the Secretary shall

9 initiate contest proceedings challenging the validity of all

10 unpatented claims referred to in subsection (a), including

11 those claims for which a patent application has not been

12 filed. If a claim is determined to be invalid, the Secretary

13 shall promptly declare the claim to be null and void. If,

14 as a result of such proceeding, a claim is determined valid,

15 the claim shall be converted and thereby become subject

16 to this title’s provisions on the date of the completion of

17 the contest proceeding.

18 (c) OIL SHALE CLAIMS.—(1) The provisions of sec19 tion 251 shall apply to oil shale claims referred to in sec20 tion 2511(e)(2) of the Energy Policy Act of 1992 (Public

21 Law 102–486).

22 (2) Section 2511(f) of the Energy Policy Act of 1992

23 (Public Law 102–486) is amended as follows:

24 (A) Strike ‘‘as prescribed by the Secretary’’.
141

•HR 3102 IH

1 (B) Insert the following before the period: ‘‘in

2 the same manner as if such claims were subject to

3 subtitle B of the Mineral Exploration and Develop4 ment Act of 1996’’.

5 SEC. 251. PURCHASING POWER ADJUSTMENT.

6 The Secretary shall adjust all location fees, claim

7 maintenance rates, penalty amounts, and other dollar

8 amounts established in this title for changes in the pur9 chasing power of the dollar every 10 years following the

10 date of enactment of this Act, employing the Consumer

11 Price Index for all-urban consumers published by the De12 partment of Labor as the basis for adjustment, and round13 ing according to the adjustment process of conditions of

14 the Federal Civil Penalties Inflation Adjustment Act of

15 1990 (104 Stat. 890).

16 SEC. 252. SAVINGS CLAUSE.

17 (a) SPECIAL APPLICATION OF MINING LAWS.—Noth18 ing in this title shall be construed as repealing or modify19 ing any Federal law, regulation, order or land use plan,

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

21 prohibits or restricts the application of the general mining

22 laws, including laws that provide for special management

23 criteria for operations under the general mining laws as

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

25 the extent such laws provide environmental protection
142

•HR 3102 IH

1 greater than required under this title, and any such prior

2 law shall remain in force and effect with respect to claims

3 located (or proposed to be located) or converted under this

4 title. Nothing in this title shall be construed as applying

5 to or limiting mineral investigations, studies, or other min6 eral activities conducted by any Federal or State agency

7 acting in its governmental capacity pursuant to other au8 thority. Nothing in this title shall affect or limit any as9 sessment, investigation, evaluation or listing pursuant to

10 the Comprehensive Environmental Response, Compensa11 tion and Liability Act of 1980, or the Solid Waste Dis12 posal Act.

13 (b) EFFECT ON OTHER FEDERAL LAWS.—The provi14 sions of this title shall supersede the general mining laws,

15 but, except for the general mining laws, nothing in this

16 title shall be construed as superseding, modifying, amend17 ing or repealing any provision of Federal law not expressly

18 superseded, modified, amended or repealed by this title.

19 Nothing in this title shall be construed as altering, affect20 ing, amending, modifying, or changing, directly or indi21 rectly, any law which refers to and provides authorities

22 or responsibilities for, or is administered by, the Environ23 mental Protection Agency or the Administrator of the En24 vironmental Protection Agency, including the Federal

25 Water Pollution Control Act, title XIV of the Public
143

•HR 3102 IH

1 Health Service Act (the Safe Drinking Water Act), the

2 Clean Air Act, the Pollution Prevention Act of 1990, the

3 Toxic Substances Control Act, the Federal Insecticide,

4 Fungicide, and Rodenticide Act, the Federal Food, Drug,

5 and Cosmetic Act, the Motor Vehicle Information and

6 Cost Savings Act, the Federal Hazardous Substances Act,

7 the Atomic Energy Act, the Noise Control Act of 1972,

8 the Solid Waste Disposal Act, the Comprehensive Environ9 mental Response, Compensation, and Liability Act of

10 1980, the Superfund Amendments and Reauthorization

11 Act of 1986, the Ocean Dumping Act, the Environmental

12 Research, Development, and Demonstration Authorization

13 Act, the Pollution Prosecution Act of 1990, and the Fed14 eral Facilities Compliance Act of 1992, or any statute con15 taining amendment to any of such Acts. Nothing in this

16 title shall be construed as modifying or affecting any pro17 vision of the Native American Graves Protection and Re18 patriation Act (Public Law 101–601) or any provision of

19 the American Indian Religious Freedom Act (42 U.S.C.

20 1996).

21 (c) PROTECTION OF CONSERVATION AREAS.—In

22 order to protect the resources and values of National Con23 servation System units, the Secretary, as appropriate,

24 shall utilize authority under this title and other applicable

25 law to the fullest extent necessary to prevent mineral ac-
144

•HR 3102 IH

1 tivities within the boundaries of such units that could have

2 an adverse impact on the resources or values for which

3 such units were established.

4 SEC. 253. AVAILABILITY OF PUBLIC RECORDS.

5 Copies of records, reports, inspection materials or in6 formation obtained by the Secretary or the Secretary of

7 Agriculture under this title shall be made immediately

8 available to the public, consistent with section 552 of title

9 5 of the United States Code, in central and sufficient loca10 tions in the county, multi county, and State area of min11 eral activity or reclamation so that such items are conven12 iently available to residents in the area proposed or ap13 proved for mineral activities.

14 SEC. 254. MISCELLANEOUS POWERS.

15 (a) IN GENERAL.—In carrying out his or her duties

16 under this title, the Secretary, or for National Forest Sys17 tem lands the Secretary of Agriculture, may conduct any

18 investigation, inspection, or other inquiry necessary and

19 appropriate and may conduct, after notice, any hearing

20 or audit, necessary and appropriate to carrying out his

21 duties.

22 (b) ANCILLARY POWERS.—In connection with any

23 hearing, inquiry, investigation, or audit under this title,

24 the Secretary, or for National Forest System lands the
145

•HR 3102 IH

1 Secretary of Agriculture, is authorized to take any of the

2 following actions:

3 (1) Require, by special or general order, any

4 person to submit in writing such affidavits and an5 swers to questions as the Secretary concerned may

6 reasonably prescribe, which submission shall be

7 made within such reasonable period and under oath

8 or otherwise, as may be necessary.

9 (2) Administer oaths.

10 (3) Require by subpoena the attendance and

11 testimony of witnesses and the production of all

12 books, papers, records, documents, matter, and ma13 terials, as such Secretary may request.

14 (4) Order testimony to be taken by deposition

15 before any person who is designated by such Sec16 retary and who has the power to administer oaths,

17 and to compel testimony and the production of evi18 dence in the same manner as authorized under para19 graph (3) of this subsection.

20 (5) Pay witnesses the same fees and mileage as

21 are paid in like circumstances in the courts of the

22 United States.

23 (c) ENFORCEMENT.—In cases of refusal to obey a

24 subpoena served upon any person under this section, the

25 district court of the United States for any district in which
146

•HR 3102 IH

1 such person is found, resides, or transacts business, upon

2 application by the Attorney General at the request of the

3 Secretary concerned and after notice to such person, shall

4 have jurisdiction to issue an order requiring such person

5 to appear and produce documents before the Secretary

6 concerned. Any failure to obey such order of the court may

7 be punished by such court as contempt thereof and subject

8 to a penalty of up to $10,000 a day.

9 (d) ENTRY AND ACCESS.—Without advance notice

10 and upon presentation of appropriate credentials, the Sec11 retary, or for National Forest System lands the Secretary

12 of Agriculture, or any authorized representative thereof—

13 (1) shall have the right of entry to, upon, or

14 through the site of any claim, mineral activities, or

15 any premises in which any records required to be

16 maintained under this title are located;

17 (2) may at reasonable times, and without delay,

18 have access to any copy any records, inspect any

19 monitoring equipment or method of operation re20 quired under this title;

21 (3) may engage in any work and to do all

22 things necessary or expedient to implement and ad23 minister the provisions of this title;

24 (4) may, on any mining claim located or con25 verted under this title, and without advance notice,
147

•HR 3102 IH

1 stop and inspect any motorized form of transpor2 tation that he has probable cause to believe is carry3 ing locatable minerals, concentrates, or products de4 rived therefrom from a claim site for the purpose of

5 determining whether the operator of such vehicle has

6 documentation related to such locatable minerals,

7 concentrates, or products derived therefrom as re8 quired by law, if such documentation is required

9 under this title; and

10 (5) may, if accompanied by any appropriate law

11 enforcement officer, or an appropriate law enforce12 ment officer alone may stop and inspect any motor13 ized form of transportation which is not on a claim

14 site if he has probable cause to believe such vehicle

15 is carrying locatable minerals, concentrates, or prod16 ucts derived therefrom from a claim site on Federal

17 lands or allocated to such claim site. Such inspection

18 shall be for the purpose of determining whether the

19 operator of such vehicle has the documentation re20 quired by law, if such documentation is required

21 under this title.

22 SEC. 255. LIMITATION ON PATENT ISSUANCE.

23 (a) MINING CLAIMS.—After January 4, 1995, no pat24 ent shall be issued by the United States for any mining

25 claim located under the general mining laws or under this
148

•HR 3102 IH

1 title unless the Secretary determines that, for the claim

2 concerned—

3 (1) a patent application was filed with the Sec4 retary on or before January 4, 1995; and

5 (2) all requirements established under sections

6 2325 and 2326 of the Revised Statutes (30 U.S.C.

7 29 and 30) for vein or lode claims and sections

8 2329, 2330, 2331, and 2333 of the Revised Statutes

9 (30 U.S.C. 35, 36, and 37) for placer claims were

10 fully complied with by that date.

11 If the Secretary makes the determinations referred to in

12 paragraphs (1) and (2) for any mining claim, the holder

13 of the claim shall be entitled to the issuance of a patent

14 in the same manner and degree to which such claim holder

15 would have been entitled to prior to the enactment of this

16 Act, unless and until such determinations are withdrawn

17 or invalidated by the Secretary or by a court of the United

18 States.

19 (b) MILL SITES.—After January 4, 1995, no patent

20 shall be issued by the United States for any mill site claim

21 located under the general mining laws unless the Secretary

22 determines that for the mill site concerned—

23 (1) a patent application for such land was filed

24 with the Secretary on or before January 4, 1995;

25 and
149

•HR 3102 IH

1 (2) all requirements applicable to such patent

2 application were fully complied with by that date.

3 If the Secretary makes the determinations referred to in

4 paragraphs (1) and (2) for any mill site claim, the holder

5 of the claim shall be entitled to the issuance of a patent

6 in the same manner and degree to which such claim holder

7 would have been entitled to prior to the enactment of this

8 Act, unless and until such determinations are withdrawn

9 or invalidated by the Secretary or by a court of the United

10 States.

11 SEC. 256. MULTIPLE MINERAL DEVELOPMENT AND SUR12 FACE RESOURCES.

13 The provisions of sections 4 and 6 of the Act of Au14 gust 13, 1954 (30 U.S.C. 524 and 526), commonly known

15 as the Multiple Minerals Development Act, and the provi16 sions of section 4 of the Act of July 23, 1955 (30 U.S.C.

17 612), shall apply to all mining claims located or converted

18 under this title.

19 SEC. 257. MINERAL MATERIALS.

20 (a) DETERMINATIONS.—Section 3 of the Act of July

21 23, 1955 (30 U.S.C. 611), is amended as follows:

22 (1) Insert ‘‘(a)’’ before the first sentence.

23 (2) Insert ‘‘mineral materials, including but not

24 limited to’’ after ‘‘varieties of’’ in the first sentence.
150

•HR 3102 IH

1 (3) Strike ‘‘or cinders’’ and insert in lieu there2 of ‘‘cinders, and clay’’.

3 (4) Add the following new subsection at the end

4 thereof:

5 ‘‘(b)(1) Subject to valid existing rights, after the date

6 of enactment of the Mineral Exploration and Development

7 Act of 1996, notwithstanding the reference to common va8 rieties in subsection (a) and to the exception to such term

9 relating to a deposit of materials with some property giv10 ing it distinct and special value, all deposits of mineral

11 materials referred to in such subsection, including the

12 block pumice referred to in such subsection, shall be sub13 ject to disposal only under the terms and conditions of

14 the Materials Act of 1947.

15 ‘‘(2) For purposes of paragraph (1), the term ‘valid

16 existing rights’ means that a mining claim located for any

17 such mineral material had some property giving it the dis18 tinct and special value referred to in subsection (a), or

19 as the case may be, met the definition of block pumice

20 referred to in such subsection, was properly located and

21 maintained under the general mining laws prior to the

22 date of enactment of the Mineral Exploration and Devel23 opment Act of 1995, and was supported by a discovery

24 of a valuable mineral deposit within the meaning of the

25 general mining laws as in effect immediately prior to the
151

•HR 3102 IH

1 date of enactment of the Mineral Exploration and Devel2 opment Act of 1995 and that such claim continues to be

3 valid under this Act.’’.

4 (b) MINERAL MATERIALS DISPOSAL CLARIFICA5 TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C.

6 612), is amended as follows:

7 (1) In subsection (b) insert ‘‘and mineral mate8 rial’’ after ‘‘vegetative’’.

9 (2) In subsection (c) insert ‘‘and mineral mate10 rial’’ after ‘‘vegetative’’.

11 (c) CONFORMING AMENDMENT.—Section 1 of the

12 Act of July 31, 1947, entitled ‘‘An Act to provide for the

13 disposal of materials on the public lands of the United

14 States’’ (30 U.S.C. 601 and following) is amended by

15 striking ‘‘common varieties of’’ in the first sentence.

16 (d) SHORT TITLES.—

17 (1) SURFACE RESOURCES.—The Act of July

18 23, 1955, is amended by inserting after section 7

19 the following new section:

20 ‘‘SEC. 8. This Act may be cited as the ‘Surface Re21 sources Act of 1955’.’’.

22 (2) MINERAL MATERIALS.—The Act of July 31,

23 1947, entitled ‘‘An Act to provide for the disposal of

24 materials on the public lands of the United States’’
152

•HR 3102 IH

1 (30 U.S.C. 601 and following) is amended by insert2 ing after section 4 the following new section:

3 ‘‘SEC. 5. This Act may be cited as the ‘Materials Act

4 of 1947’.’’.

5 (e) REPEALS.—(1) Subject to valid existing rights,

6 the Act of August 4, 1892 (27 Stat. 348, 30 U.S.C. 161)

7 commonly known as the Building Stone Act is hereby re8 pealed.

9 (2) Subject to valid existing rights, the Act of Janu10 ary 31, 1901 (30 U.S.C. 162) commonly known as the

11 Saline Placer Act is hereby repealed.

12 SEC. 258. APPLICATION OF ACT TO BENEFICIATION AND

13 PROCESSING OF NONFEDERAL MINERALS ON

14 FEDERAL LANDS.

15 The provisions of this title (including the surface

16 management requirements of subtitle B) shall apply in the

17 same manner and to the same extent to Federal lands

18 used for beneficiation or processing activities for any min19 eral without regard to whether or not the legal and bene20 ficial title to the mineral is held by the United States. This

21 section applies only to minerals which are locatable min22 erals or minerals which would be locatable minerals if the

23 legal and beneficial title to such minerals were held by the

24 United States.
153

•HR 3102 IH

1 SEC. 259. COMPLIANCE WITH BUY AMERICAN ACT.

2 No funds appropriated pursuant to this title may be

3 expended by an entity unless the entity agrees that in ex4 pending the funds the entity will comply with section 2

5 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

6 10c), popularly known as the ‘‘Buy American Act’’.

7 SEC. 260. SENSE OF CONGRESS.

8 In the case of any equipment or products purchased

9 with funding provided under this title, it is the sense of

10 the Congress that such funding should be used to pur11 chase only American-made equipment and products.

12 SEC. 261. PROHIBITION OF CONTRACTS.

13 If it has been finally determined by a court of Federal

14 agency that any person intentionally affixed a label bear15 ing a ‘‘Made in America’’ inscription, or any inscription

16 with the same meaning, to any product sold in or shipped

17 to the United States that is not made in the United

18 States, such person shall be ineligible to receive any con19 tract or subcontract made with funds provided pursuant

20 to this title, pursuant to the debarment, suspension, and

21 ineligibility procedures described in sections 9.400 through

22 9.409 of title 48 of the Code of Federal Regulations.

23 SEC. 262. SEVERABILITY.

24 If any provision of this title or the applicability there25 of to any person or circumstances is held invalid, the re26 mainder of this title and the application of such provision
154

•HR 3102 IH

1 to other persons or circumstances shall not be affected

2 thereby.

3 SEC. 263. AWARD OF COMPENSATION FOR TAKINGS FROM

4 FUND.

5 To the extent a court of competent jurisdiction, after

6 adjudication, finds that Federal action undertaken pursu7 ant to this title effects a taking under the Fifth Amend8 ment of the United States Constitution and enters a final

9 judgment against the United States, the court shall award

10 just compensation to the plaintiff, from the fund estab11 lished under subtitle C, subject to appropriation, together

12 with appropriate reasonable fees and expenses to the ex13 tent provided by section 304 of the Uniform Relocation

14 Assistance and Real Property Acquisition Policies Act of

15 1970 (42 U.S.C. 4654(c)). In any case in which the Attor16 ney General effects a settlement of any proceeding brought

17 under section 1346(a)(2) or 1491 of title 28 of the United

18 States Code alleging that any Federal action undertaken

19 pursuant to this title effects a taking under the Fifth

20 Amendment of the United States Constitution, the Attor21 ney General shall use amounts available in the Fund sub22 ject to appropriations to pay any award necessary pursu23 ant to such settlement.
155

•HR 3102 IH

1 SEC. 264. REPORT TO CONGRESS ON MINING CLAIMS IN

2 THE UNITED STATES HELD BY FOREIGN

3 FIRMS.

4 (a) REPORT.—Not later than one year after the date

5 of enactment of this Act and annually thereafter, the Sec6 retary of the Interior shall submit a report to the Congress

7 describing the percentage of each mining claim held by

8 a foreign firm.

9 (b) FOREIGN FIRM.—(1) For the purposes of this

10 section, the term ‘‘foreign firm’’ means any firm that is

11 not a domestic firm.

12 (2) For the purposes of paragraph (1), the term ‘‘do13 mestic firm’’ means a business entity—

14 (A) that is incorporated or organized in the

15 United States;

16 (B) that conducts business operations in the

17 United States; and

18 (C) the assets of which at least 50 percent are

19 held by United States citizens, permanent resident

20 aliens, or other domestic firms.

Æ