IB 

Union Calendar No. 260 

110TH CONGRESS 

1ST SESSION H. R. 2262 

[Report No. 110–412] 

To modify the requirements applicable to locatable minerals on public domain 

lands, consistent with the principles of self-initiation of mining claims, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 10, 2007 

Mr. RAHALL (for himself and Mr. COSTA) introduced the following bill; which 

was referred to the Committee on Natural Resources 

OCTOBER 29, 2007 

Additional sponsors: Mr. HINCHEY, Mrs. CHRISTENSEN, Mr. GEORGE MILLER

of California, Mr. MARKEY, Mr. INSLEE, Mr. GRIJALVA, Mr. MORAN of 

Virginia, Ms. JACKSON-LEE of Texas, Mr. UDALL of Colorado, Mr. WAXMAN, Mr. HONDA, Mrs. CAPPS, Mr. GONZALEZ, Mr. STARK, Mr. 

KUCINICH, Mr. BLUMENAUER, Ms. MCCOLLUM of Minnesota, Mr. LEVIN, 

Mr. SCHIFF, Mrs. MALONEY of New York, Mr. HASTINGS of Florida, Mr. 

BAIRD, Ms. ZOE LOFGREN of California, Ms. LORETTA SANCHEZ of California, Mr. PALLONE, Mr. SHAYS, Mr. HODES, Mr. JACKSON of Illinois, 

Ms. KILPATRICK of Michigan, Mr. BERMAN, Ms. MATSUI, Mr. 

MCDERMOTT, Ms. SHEA-PORTER, Mr. ALLEN, Mr. ROTHMAN, Mr. 

FRANK of Massachusetts, Mr. PERLMUTTER, Mr. JOHNSON of Georgia, 

Mr. MCNULTY, Mr. GILCHREST, Ms. DEGETTE, Mr. LEWIS of Georgia, 

Mr. WU, Mr. SERRANO, Mr. SIRES, Ms. WOOLSEY, Mr. GUTIERREZ, Mr. 

CHANDLER, Mr. MCGOVERN, Mr. SALAZAR, Mr. WEXLER, Mr. UDALL of 

New Mexico, Mr. COURTNEY, Ms. ESHOO, Mr. KENNEDY, Ms. CORRINE

BROWN of Florida, Mr. KILDEE, Mr. KIND, Ms. SOLIS, Mr. FILNER, and 

Mr. GORDON of Tennessee 

OCTOBER 29, 2007 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 


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[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 10, 2007] 

A BILL 

To modify the requirements applicable to locatable minerals 

on public domain lands, consistent with the principles 

of self-initiation of mining claims, and for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Hardrock Mining and Reclamation Act of 2007’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions and references. 

Sec. 3. Application rules. 

TITLE I—MINERAL EXPLORATION AND DEVELOPMENT 

Sec. 101. Limitation on patents. 

Sec. 102. Royalty. 

Sec. 103. Hardrock mining claim maintenance fee. 

Sec. 104. Effect of payments for use and occupancy of claims. 

TITLE II—PROTECTION OF SPECIAL PLACES 

Sec. 201. Lands open to location. 

Sec. 202. Withdrawal petitions by States, political subdivisions, and Indian 

tribes. 

TITLE III—ENVIRONMENTAL CONSIDERATIONS OF MINERAL 

EXPLORATION AND DEVELOPMENT 

Sec. 301. General standard for hardrock mining on Federal land. 

Sec. 302. Permits. 

Sec. 303. Exploration permit. 

Sec. 304. Operations permit. 


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Sec. 305. Persons ineligible for permits. 

Sec. 306. Financial assurance. 

Sec. 307. Operation and reclamation. 

Sec. 308. State law and regulation. 

Sec. 309. Limitation on the issuance of permits. 

TITLE IV—MINING MITIGATION 

Subtitle A—Locatable Minerals Fund 

Sec. 401. Establishment of Fund. 

Sec. 402. Contents of Fund. 

Sec. 403. Subaccounts. 

Subtitle B—Use of Hardrock Reclamation Account 

Sec. 411. Use and objectives of the Account. 

Sec. 412. Eligible lands and waters. 

Sec. 413. Expenditures. 

Sec. 414. Authorization of appropriations. 

Subtitle C—Use of Hardrock Community Impact Assistance Account 

Sec. 421. Use and objectives of the Account. 

Sec. 422. Allocation of funds. 

TITLE V—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS 

Subtitle A—Administrative Provisions 

Sec. 501. Policy functions. 

Sec. 502. User fees. 

Sec. 503. Inspection and monitoring. 

Sec. 504. Citizens suits. 

Sec. 505. Administrative and judicial review. 

Sec. 506. Enforcement. 

Sec. 507. Regulations. 

Sec. 508. Effective date. 

Subtitle B—Miscellaneous Provisions 

Sec. 511. Oil shale claims subject to special rules. 

Sec. 512. Purchasing power adjustment. 

Sec. 513. Savings clause. 

Sec. 514. Availability of public records. 

Sec. 515. Miscellaneous powers. 

Sec. 516. Multiple mineral development and surface resources. 

Sec. 517. Mineral materials. 

1 SEC. 2. DEFINITIONS AND REFERENCES. 

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

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

4 any person, any of the following: 


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1 (A) Any person who controls, is controlled 

2 by, or is under common control with such per3 son. 

4 (B) Any partner of such person. 

5 (C) Any person owning at least 10 percent 

6 of the voting shares of such person. 

7 (2) The term ‘‘applicant’’ means any person ap8 plying for a permit under this Act or a modification 

9 to or a renewal of a permit under this Act. 

10 (3) The term ‘‘beneficiation’’ means the crushing 

11 and grinding of locatable mineral ore and such proc12 esses as are employed to free the mineral from other 

13 constituents, including but not necessarily limited to, 

14 physical and chemical separation techniques. 

15 (4) The term ‘‘casual use’’— 

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

17 means mineral activities that do not ordinarily 

18 result in any disturbance of public lands and re19 sources; 

20 (B) includes collection of geochemical, rock, 

21 soil, or mineral specimens using handtools, hand 

22 panning, or nonmotorized sluicing; and 

23 (C) does not include— 

24 (i) the use of mechanized earth-moving 

25 equipment, suction dredging, or explosives; 


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1 (ii) the use of motor vehicles in areas 

2 closed to off-road vehicles; 

3 (iii) the construction of roads or drill 

4 pads; and 

5 (iv) the use of toxic or hazardous mate6 rials. 

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

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

9 claim located under the general mining laws and 

10 maintained in compliance with such laws and this 

11 Act. Such term may include an agent of a claim hold12 er. 

13 (6) The term ‘‘control’’ means having the ability, 

14 directly or indirectly, to determine (without regard to 

15 whether exercised through one or more corporate 

16 structures) the manner in which an entity conducts 

17 mineral activities, through any means, including 

18 without limitation, ownership interest, authority to 

19 commit the entity’s real or financial assets, position 

20 as a director, officer, or partner of the entity, or con21 tractual arrangement. 

22 (7) The term ‘‘exploration’’— 

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

24 means creating surface disturbance other than 


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1 casual use, to evaluate the type, extent, quantity, 

2 or quality of minerals present; 

3 (B) includes mineral activities associated 

4 with sampling, drilling, and analyzing locatable 

5 mineral values; and 

6 (C) does not include extraction of mineral 

7 material for commercial use or sale. 

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

9 and any interest in land, that is owned by the United 

10 States and open to location of mining claims under 

11 the general mining laws and title II of this Act. 

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

13 in trust for the benefit of an Indian tribe or indi14 vidual or held by an Indian tribe or individual sub15 ject to a restriction by the United States against 

16 alienation. 

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

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

19 or community, including any Alaska Native village 

20 or regional corporation as defined in or established 

21 pursuant to the Alaska Native Claims Settlement Act 

22 (43 U.S.C. 1601 and following), that is recognized as 

23 eligible for the special programs and services provided 

24 by the United States to Indians because of their sta25 tus as Indians. 


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

2 (A) subject to subparagraph (B), means any 

3 mineral, the legal and beneficial title to which 

4 remains in the United States and that is not 

5 subject to disposition under any of— 

6 (i) the Mineral Leasing Act (30 U.S.C. 

7 181 and following); 

8 (ii) the Geothermal Steam Act of 1970 

9 (30 U.S.C. 1001 and following); 

10 (iii) the Act of July 31, 1947, com11 monly known as the Materials Act of 1947 

12 (30 U.S.C. 601 and following); or 

13 (iv) the Mineral Leasing for Acquired 

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

15 and 

16 (B) does not include any mineral that is 

17 subject to a restriction against alienation im18 posed by the United States and is— 

19 (i) held in trust by the United States 

20 for any Indian or Indian tribe, as defined 

21 in section 2 of the Indian Mineral Develop22 ment Act of 1982 (25 U.S.C. 2101); or 

23 (ii) owned by any Indian or Indian 

24 tribe, as defined in that section. 


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

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

3 site claim for, related to, or incidental to, mineral ex4 ploration, mining, beneficiation, processing, or rec5 lamation activities for any locatable mineral. 

6 (13) 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, or National Trails System, or 

10 a National Conservation Area, a National Recreation 

11 Area, a National Monument, or any unit of the Na12 tional Wilderness Preservation System. 

13 (14) The term ‘‘operator’’ means any person pro14 posing or authorized by a permit issued under this 

15 Act to conduct mineral activities and any agent of 

16 such person. 

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

18 Indian tribe, partnership, association, society, joint 

19 venture, joint stock company, firm, company, cor20 poration, cooperative, or other organization and any 

21 instrumentality of State or local government includ22 ing any publicly owned utility or publicly owned cor23 poration of State or local government. 

24 (16) The term ‘‘processing’’ means processes 

25 downstream of beneficiation employed to prepare 


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1 locatable mineral ore into the final marketable prod2 uct, including but not limited to smelting and electro3 lytic refining. 

4 (17) The term ‘‘Secretary’’ means the Secretary 

5 of the Interior, unless otherwise specified. 

6 (18) The term ‘‘temporary cessation’’ means a 

7 halt in mine-related production activities for a con8 tinuous period of no longer than 5 years. 

9 (19) The term ‘‘undue degradation’’ means irrep10 arable harm to significant scientific, cultural, or en11 vironmental resources on public lands that cannot be 

12 effectively mitigated. 

13 (b) TITLE II.— 

14 (1) VALID EXISTING RIGHTS.—As used in title 

15 II, the term ‘‘valid existing rights’’ means a mining 

16 claim or millsite claim located on lands described in 

17 section 201(b), that— 

18 (A) was properly located and maintained 

19 under this Act prior to and on the applicable 

20 date; or 

21 (B)(i) was properly located and maintained 

22 under the general mining laws prior to the ap23 plicable date; 

24 (ii) was supported by a discovery of a valu25 able mineral deposit within the meaning of the 


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1 general mining laws on the applicable date, or 

2 satisfied the limitations under existing law for 

3 millsite claims; and 

4 (iii) continues to be valid under this Act. 

5 (2) APPLICABLE DATE.—As used in paragraph 

6 (1), the term ‘‘applicable date’’ means one of the fol7 lowing: 

8 (A) For lands described in paragraph (1) of 

9 section 201(b), the date of the recommendation 

10 referred to in paragraph (1) of that section if 

11 such recommendation is made on or after the 

12 date of the enactment of this Act. 

13 (B) For lands described in paragraph (1) of 

14 section 201(b), if the recommendation referred to 

15 in paragraph (1) of that section is made before 

16 the date of the enactment of this Act, the earlier 

17 of— 

18 (i) the date of the enactment of this 

19 Act; or 

20 (ii) the date of any withdrawal of such 

21 lands from mineral activities. 

22 (C) For lands described in paragraph 

23 (3)(B) of section 201(b), the date of the enact24 ment of this Act. 


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1 (D) For lands described in paragraph 

2 (3)(A) or (3)(C) of section 201(b), the date of the 

3 enactment of the amendment to the Wild and 

4 Scenic Rivers Act (16 U.S.C. 1271 and fol5 lowing) listing the river segment for study. 

6 (E) For lands described in paragraph 

7 (3)(B) of section 201(b), the date of the deter8 mination of eligibility of such lands for inclusion 

9 in the Wild and Scenic River System. 

10 (F) For lands described in paragraph (4) of 

11 section 201(b), the date of the withdrawal under 

12 other law. 

13 (c) REFERENCES TO OTHER LAWS.—(1) Any reference 

14 in this Act to the term general mining laws is a reference 

15 to those Acts that generally comprise chapters 2, 12A, and 

16 16, and sections 161 and 162, of title 30, United States 

17 Code. 

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

19 1955, is a reference to the Act entitled ‘‘An Act to amend 

20 the Act of July 31, 1947 (61 Stat. 681) and the mining 

21 laws to provide for multiple use of the surface of the same 

22 tracts of the public lands, and for other purposes’’ (30 

23 U.S.C. 601 and following). 


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1 SEC. 3. APPLICATION RULES. 

2 (a) IN GENERAL.—This Act applies to any mining 

3 claim, millsite claim, or tunnel site claim located under the 

4 general mining laws, before, on, or after the date of enact5 ment of this Act, except as provided in subsection (b). 

6 (b) PREEXISTING CLAIMS.—(1) Any unpatented min7 ing claim or millsite claim located under the general min8 ing laws before the date of enactment of this Act for which 

9 a plan of operation has not been approved or a notice filed 

10 prior to the date of enactment shall, upon the effective date 

11 of this Act, be subject to the requirements of this Act, except 

12 as provided in paragraphs (2) and (3). 

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

14 activities on any claim or site referred to in paragraph (1) 

15 prior to the date of enactment of this Act but such oper16 ations have not commenced prior to the date of enactment 

17 of this Act— 

18 (i) during the 10-year period beginning on the 

19 date of enactment of this Act, mineral activities at 

20 such claim or site shall be subject to such plan of op21 erations; 

22 (ii) during such 10-year period, modifications of 

23 any such plan may be made in accordance with the 

24 provisions of law applicable prior to the enactment of 

25 this Act if such modifications are deemed minor by 

26 the Secretary concerned; and 


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1 (iii) the operator shall bring such mineral activi2 ties into compliance with this Act by the end of such 

3 10-year period. 

4 (B) Where an application for modification of a plan 

5 of operations referred to in subparagraph (A)(ii) has been 

6 timely submitted and an approved plan expires prior to 

7 Secretarial action on the application, mineral activities 

8 and reclamation may continue in accordance with the 

9 terms of the expired plan until the Secretary makes an ad10 ministrative decision on the application. 

11 (c) FEDERAL LANDS SUBJECT TO EXISTING PER12 MIT.—(1) Any Federal land shall not be subject to the re13 quirements of section 102 if the land is— 

14 (A) subject to an operations permit; and 

15 (B) producing valuable locatable minerals in 

16 commercial quantities prior to the date of enactment 

17 of this Act. 

18 (2) Any Federal land added through a plan modifica19 tion to an operations permit on Federal land that is sub20 mitted after the date of enactment of this Act shall be subject 

21 to the terms of section 102. 

22 (d) APPLICATION OF ACT TO BENEFICIATION AND

23 PROCESSING OF NON-FEDERAL MINERALS ON FEDERAL

24 LANDS.—The provisions of this Act (including the environ25 mental protection requirements of title III) shall apply in 


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1 the same manner and to the same extent to mining claims, 

2 millsite claims, and tunnel site claims used for 

3 beneficiation or processing activities for any mineral with4 out regard to whether or not the legal and beneficial title 

5 to the mineral is held by the United States. This subsection 

6 applies only to minerals that are locatable minerals or min7 erals that would be locatable minerals if the legal and bene8 ficial title to such minerals were held by the United States. 

9 TITLE I—MINERAL EXPLO10 RATION AND DEVELOPMENT 

11 SEC. 101. LIMITATION ON PATENTS. 

12 (a) MINING CLAIMS.— 

13 (1) DETERMINATIONS REQUIRED.—After the date 

14 of enactment of this Act, no patent shall be issued by 

15 the United States for any mining claim located under 

16 the general mining laws unless the Secretary deter17 mines that, for the claim concerned— 

18 (A) a patent application was filed with the 

19 Secretary on or before September 30, 1994; and 

20 (B) all requirements established under sec21 tions 2325 and 2326 of the Revised Statutes (30 

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

23 sections 2329, 2330, 2331, and 2333 of the Re24 vised Statutes (30 U.S.C. 35, 36, and 37) for 


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1 placer claims were fully complied with by that 

2 date. 

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

4 the determinations referred to in subparagraphs (A) 

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

6 holder of the claim shall be entitled to the issuance of 

7 a patent in the same manner and degree to which 

8 such claim holder would have been entitled to prior 

9 to the enactment of this Act, unless and until such de10 terminations are withdrawn or invalidated by the 

11 Secretary or by a court of the United States. 

12 (b) MILLSITE CLAIMS.— 

13 (1) DETERMINATIONS REQUIRED.—After the date 

14 of enactment of this Act, no patent shall be issued by 

15 the United States for any millsite claim located under 

16 the general mining laws unless the Secretary deter17 mines that for the millsite concerned— 

18 (A) a patent application for such land was 

19 filed with the Secretary on or before September 

20 30, 1994; and 

21 (B) all requirements applicable to such pat22 ent application were fully complied with by that 

23 date. 

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

25 the determinations referred to in subparagraphs (A) 


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

2 holder of the claim shall be entitled to the issuance of 

3 a patent in the same manner and degree to which 

4 such claim holder would have been entitled to prior 

5 to the enactment of this Act, unless and until such de6 terminations are withdrawn or invalidated by the 

7 Secretary or by a court of the United States. 

8 SEC. 102. ROYALTY. 

9 (a) RESERVATION OF ROYALTY.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2) and subject to paragraph (3), production of 

12 all locatable minerals from any mining claim located 

13 under the general mining laws and maintained in 

14 compliance with this Act, or mineral concentrates or 

15 products derived from locatable minerals from any 

16 such mining claim, as the case may be, shall be sub17 ject to a royalty of 8 percent of the gross income from 

18 mining. The claim holder or any operator to whom 

19 the claim holder has assigned the obligation to make 

20 royalty payments under the claim and any person 

21 who controls such claim holder or operator shall be 

22 liable for payment of such royalties. 

23 (2) ROYALTY FOR FEDERAL LANDS SUBJECT TO

24 EXISTING PERMIT.—The royalty under paragraph (1) 


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1 shall be 4 percent in the case of any Federal land 

2 that— 

3 (A) is subject to an operations permit on 

4 the date of the enactment of this Act; and 

5 (B) produces valuable locatable minerals in 

6 commercial quantities on the date of enactment 

7 of this Act. 

8 (3) FEDERAL LAND ADDED TO EXISTING OPER9 ATIONS PERMIT.—Any Federal land added through a 

10 plan modification to an operations permit on Federal 

11 land that is submitted after the date of enactment of 

12 this Act shall be subject to the royalty that applies to 

13 other Federal land that is subject to the operations 

14 permit before that submission under paragraph (1) or 

15 (2), as applicable. 

16 (4) OTHER APPLICATION PROVISION NOT EFFEC17 TIVE.—Section 3(c) of this Act shall have no force or 

18 effect. 

19 (5) DEPOSIT.—Amounts received by the United 

20 States as royalties under this subsection shall be de21 posited into the account established under section 401. 

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

23 TRANSPORTERS.—(1) A person— 

24 (A) who is required to make any royalty pay25 ment under this section shall make such payments to 


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1 the United States at such times and in such manner 

2 as the Secretary may by rule prescribe; and 

3 (B) shall notify the Secretary, in the time and 

4 manner as may be specified by the Secretary, of any 

5 assignment that such person may have made of the 

6 obligation to make any royalty or other payment 

7 under a mining claim. 

8 (2) Any person paying royalties under this section 

9 shall file a written instrument, together with the first roy10 alty payment, affirming that such person is responsible for 

11 making proper payments for all amounts due for all time 

12 periods for which such person has a payment responsibility. 

13 Such responsibility for the periods referred to in the pre14 ceding sentence shall include any and all additional 

15 amounts billed by the Secretary and determined to be due 

16 by final agency or judicial action. Any person liable for 

17 royalty payments under this section who assigns any pay18 ment obligation shall remain jointly and severally liable 

19 for all royalty payments due for the claim for the period. 

20 (3) A person conducting mineral activities shall— 

21 (A) develop and comply with the site security 

22 provisions in the operations permit designed to pro23 tect from theft the locatable minerals, concentrates or 

24 products derived therefrom which are produced or 

25 stored on a mining claim, and such provisions shall 


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1 conform with such minimum standards as the Sec2 retary may prescribe by rule, taking into account the 

3 variety of circumstances on mining claims; and 

4 (B) not later than the 5th business day after pro5 duction begins anywhere on a mining claim, or pro6 duction resumes after more than 90 days after pro7 duction was suspended, notify the Secretary, in the 

8 manner prescribed by the Secretary, of the date on 

9 which such production has begun or resumed. 

10 (4) The Secretary may by rule require any person en11 gaged in transporting a locatable mineral, concentrate, or 

12 product derived therefrom to carry on his or her person, 

13 in his or her vehicle, or in his or her immediate control, 

14 documentation showing, at a minimum, the amount, ori15 gin, and intended destination of the locatable mineral, con16 centrate, or product derived therefrom in such cir17 cumstances as the Secretary determines is appropriate. 

18 (c) RECORDKEEPING AND REPORTING REQUIRE19 MENTS.—(1) A claim holder, operator, or other person di20 rectly involved in developing, producing, processing, trans21 porting, purchasing, or selling locatable minerals, con22 centrates, or products derived therefrom, subject to this Act, 

23 through the point of royalty computation shall establish and 

24 maintain any records, make any reports, and provide any 

25 information that the Secretary may reasonably require for 


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1 the purposes of implementing this section or determining 

2 compliance with rules or orders under this section. Such 

3 records shall include, but not be limited to, periodic reports, 

4 records, documents, and other data. Such reports may also 

5 include, but not be limited to, pertinent technical and fi6 nancial data relating to the quantity, quality, composition 

7 volume, weight, and assay of all minerals extracted from 

8 the mining claim. Upon the request of any officer or em9 ployee duly designated by the Secretary conducting an 

10 audit or investigation pursuant to this section, the appro11 priate records, reports, or information that may be required 

12 by this section shall be made available for inspection and 

13 duplication by such officer or employee. Failure by a claim 

14 holder, operator, or other person referred to in the first sen15 tence to cooperate with such an audit, provide data required 

16 by the Secretary, or grant access to information may, at 

17 the discretion of the Secretary, result in involuntary for18 feiture of the claim. 

19 (2) Records required by the Secretary under this sec20 tion shall be maintained for 7 years after release of finan21 cial assurance under section 306 unless the Secretary noti22 fies the operator that the Secretary has initiated an audit 

23 or investigation involving such records and that such 

24 records must be maintained for a longer period. In any case 

25 when an audit or investigation is underway, records shall 


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1 be maintained until the Secretary releases the operator of 

2 the obligation to maintain such records. 

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

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

5 purchasers, processors, or other persons directly or indi6 rectly involved in the production or sales of minerals cov7 ered by this Act, as the Secretary deems necessary for the 

8 purposes of ensuring compliance with the requirements of 

9 this section. For purposes of performing such audits, the 

10 Secretary shall, at reasonable times and upon request, have 

11 access to, and may copy, all books, papers and other docu12 ments that relate to compliance with any provision of this 

13 section by any person. 

14 (e) COOPERATIVE AGREEMENTS.—(1) The Secretary is 

15 authorized to enter into cooperative agreements with the 

16 Secretary of Agriculture to share information concerning 

17 the royalty management of locatable minerals, concentrates, 

18 or products derived therefrom, to carry out inspection, au19 diting, investigation, or enforcement (not including the col20 lection of royalties, civil or criminal penalties, or other pay21 ments) activities under this section in cooperation with the 

22 Secretary, and to carry out any other activity described in 

23 this section. 

24 (2) Except as provided in paragraph (3)(A) of this 

25 subsection (relating to trade secrets), and pursuant to a coVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 operative agreement, the Secretary of Agriculture shall, 

2 upon request, have access to all royalty accounting informa3 tion in the possession of the Secretary respecting the pro4 duction, removal, or sale of locatable minerals, concentrates, 

5 or products derived therefrom from claims on lands open 

6 to location under this Act. 

7 (3) Trade secrets, proprietary, and other confidential 

8 information protected from disclosure under section 552 of 

9 title 5, United States Code, popularly known as the Free10 dom of Information Act, shall be made available by the Sec11 retary to other Federal agencies as necessary to assure com12 pliance with this Act and other Federal laws. The Sec13 retary, the Secretary of Agriculture, the Administrator of 

14 the Environmental Protection Agency, and other Federal of15 ficials shall ensure that such information is provided pro16 tection in accordance with the requirements of that section. 

17 (f) INTEREST AND SUBSTANTIAL UNDERREPORTING

18 ASSESSMENTS.—(1) In the case of mining claims where 

19 royalty payments are not received by the Secretary on the 

20 date that such payments are due, the Secretary shall charge 

21 interest on such underpayments at the same interest rate 

22 as the rate applicable under section 6621(a)(2) of the Inter23 nal Revenue Code of 1986. In the case of an underpayment, 

24 interest shall be computed and charged only on the amount 

25 of the deficiency and not on the total amount. 


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1 (2) If there is any underreporting of royalty owed on 

2 production from a claim for any production month by any 

3 person liable for royalty payments under this section, the 

4 Secretary shall assess a penalty of not greater than 25 per5 cent of the amount of that underreporting. 

6 (3) For the purposes of this subsection, the term 

7 ‘‘underreporting’’ means the difference between the royalty 

8 on the value of the production that should have been re9 ported and the royalty on the value of the production which 

10 was reported, if the value that should have been reported 

11 is greater than the value that was reported. 

12 (4) The Secretary may waive or reduce the assessment 

13 provided in paragraph (2) of this subsection if the person 

14 liable for royalty payments under this section corrects the 

15 underreporting before the date such person receives notice 

16 from the Secretary that an underreporting may have oc17 curred, or before 90 days after the date of the enactment 

18 of this section, whichever is later. 

19 (5) The Secretary shall waive any portion of an assess20 ment under paragraph (2) of this subsection attributable 

21 to that portion of the underreporting for which the person 

22 responsible for paying the royalty demonstrates that— 

23 (A) such person had written authorization from 

24 the Secretary to report royalty on the value of the 

25 production on basis on which it was reported, 


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1 (B) such person had substantial authority for re2 porting royalty on the value of the production on the 

3 basis on which it was reported, 

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 which 

10 the Secretary may, by rule, establish. 

11 (6) All penalties collected under this subsection shall 

12 be deposited in the Locatable Minerals Fund established 

13 under title IV. 

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

15 term ‘‘Secretary’’ means the Secretary of the Interior acting 

16 through the Director of the Minerals Management Service. 

17 (h) EXPANDED ROYALTY OBLIGATIONS.—Each person 

18 liable for royalty payments under this section shall be joint19 ly and severally liable for royalty on all locatable minerals, 

20 concentrates, or products derived therefrom lost or wasted 

21 from a mining claim located under the general mining laws 

22 and maintained in compliance with this Act when such loss 

23 or waste is due to negligence on the part of any person or 

24 due to the failure to comply with any rule, regulation, or 

25 order issued under this section. 


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1 (i) GROSS INCOME FROM MINING DEFINED.—For the 

2 purposes of this section, for any locatable mineral, the term 

3 ‘‘gross income from mining’’ has the same meaning as the 

4 term ‘‘gross income’’ in section 613(c) of the Internal Rev5 enue Code of 1986. 

6 (j) EFFECTIVE DATE.—The royalty under this section 

7 shall take effect with respect to the production of locatable 

8 minerals after the enactment of this Act, but any royalty 

9 payments attributable to production during the first 12 cal10 endar months after the enactment of this Act shall be pay11 able at the expiration of such 12-month period. 

12 (k) FAILURE TO COMPLY WITH ROYALTY REQUIRE13 MENTS.—Any person who fails to comply with the require14 ments of this section or any regulation or order issued to 

15 implement this section shall be liable for a civil penalty 

16 under section 109 of the Federal Oil and Gas Royalty Man17 agement Act (30 U.S.C. 1719) to the same extent as if the 

18 claim located under the general mining laws and main19 tained in compliance with this Act were a lease under that 

20 Act. 

21 SEC. 103. HARDROCK MINING CLAIM MAINTENANCE FEE. 

22 (a) FEE.— 

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

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

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


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1 tunnel site on federally owned lands, whether located 

2 before, on, or after enactment of this Act, each claim3 ant shall pay to the Secretary, on or before August 31 

4 of each year, a claim maintenance fee of $150 per 

5 claim to hold such unpatented mining claim, mill or 

6 tunnel site for the assessment year beginning at noon 

7 on the next day, September 1. Such claim mainte8 nance fee shall be in lieu of the assessment work re9 quirement contained in the Mining Law of 1872 (30 

10 U.S.C. 28 et seq.) and the related filing requirements 

11 contained in section 314(a) and (c) of the Federal 

12 Land Policy and Management Act of 1976 (43 U.S.C. 

13 1744(a) and (c)). 

14 (2)(A) The claim maintenance fee required under 

15 this subsection shall be waived for a claimant who 

16 certifies in writing to the Secretary that on the date 

17 the payment was due, the claimant and all related 

18 parties— 

19 (i) held not more than 10 mining claims, 

20 mill sites, or tunnel sites, or any combination 

21 thereof, on public lands; and 

22 (ii) have performed assessment work re23 quired under the Mining Law of 1872 (30 U.S.C. 

24 28 et seq.) to maintain the mining claims held 

25 by the claimant and such related parties for the 


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1 assessment year ending on noon of September 1 

2 of the calendar year in which payment of the 

3 claim maintenance fee was due. 

4 (B) For purposes of subparagraph (A), with re5 spect to any claimant, the term ‘‘all related parties’’ 

6 means— 

7 (i) the spouse and dependent children (as 

8 defined in section 152 of the Internal Revenue 

9 Code of 1986), of the claimant; or 

10 (ii) a person affiliated with the claimant, 

11 including— 

12 (I) a person controlled by, controlling, 

13 or under common control with the claimant; 

14 or 

15 (II) a subsidiary or parent company 

16 or corporation of the claimant. 

17 (3)(A) The Secretary shall adjust the fees re18 quired by this subsection to reflect changes in the 

19 Consumer Price Index published by the Bureau of 

20 Labor Statistics of the Department of Labor every 5 

21 years after the date of enactment of this Act, or more 

22 frequently if the Secretary determines an adjustment 

23 to be reasonable. 

24 (B) The Secretary shall provide claimants notice 

25 of any adjustment made under this paragraph not 


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1 later than July 1 of any year in which the adjust2 ment is made. 

3 (C) A fee adjustment under this paragraph shall 

4 begin to apply the calendar year following the cal5 endar year in which it is made. 

6 (4) Monies received under this subsection shall be 

7 deposited in the Locatable Minerals Fund established 

8 by this Act. 

9 (b) LOCATION.— 

10 (1) Notwithstanding any provision of law, for 

11 every unpatented mining claim, mill or tunnel site lo12 cated after the date of enactment of this Act and be13 fore September 30, 1998, the locator shall, at the time 

14 the location notice is recorded with the Bureau of 

15 Land Management, pay to the Secretary a location 

16 fee, in addition to the fee required by subsection (a) 

17 of $50 per claim. 

18 (2) Moneys received under this subsection that 

19 are not otherwise allocated for the administration of 

20 the mining laws by the Department of the Interior 

21 shall be deposited in the Locatable Minerals Fund es22 tablished by this Act. 

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

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

25 in effect except that the annual claim maintenance fee, 


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1 where applicable, shall replace applicable assessment re2 quirements and expenditures. 

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

4 maintenance fee as required by subsection (a) shall conclu5 sively constitute a forfeiture of the unpatented mining 

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

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

8 (e) OTHER REQUIREMENTS.— 

9 (1) Nothing in this section shall change or mod10 ify the requirements of section 314(b) of the Federal 

11 Land Policy and Management Act of 1976 (43 U.S.C. 

12 1744(b)), or the requirements of section 314(c) of the 

13 Federal Land Policy and Management Act of 1976 

14 (43 U.S.C. 1744(c)) related to filings required by sec15 tion 314(b), which remain in effect. 

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

17 United States (30 U.S.C. 28) is amended by inserting 

18 ‘‘or section 103(a) of the Hardrock Mining and Rec19 lamation Act of 2007’’ after ‘‘Act of 1993,’’. 

20 SEC. 104. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY 

21 OF CLAIMS. 

22 Timely payment of the claim maintenance fee required 

23 by section 103 of this Act or any related law relating to 

24 the use of Federal land, asserts the claimant’s authority to 

25 use and occupy the Federal land concerned for prospecting 


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1 and exploration, consistent with the requirements of this 

2 Act and other applicable law. 

3 TITLE II—PROTECTION OF 

4 SPECIAL PLACES 

5 SEC. 201. LANDS OPEN TO LOCATION. 

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

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

8 general mining laws only on such lands and interests as 

9 were open to the location of mining claims under the gen10 eral mining laws immediately before the enactment of this 

11 Act. 

12 (b) LANDS NOT OPEN TO LOCATION.—Notwith13 standing any other provision of law and subject to valid 

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

15 the location of mining claims under the general mining 

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

17 (1) Wilderness study areas. 

18 (2) Areas of critical environmental concern. 

19 (3) Areas designated for inclusion in the Na20 tional Wild and Scenic Rivers System pursuant to 

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

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

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

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


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

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

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

4 roadless areas maps contained in the Forest Service 

5 Roadless Area Conservation Final Environmental 

6 Impact Statement, Volume 2, dated November 2000. 

7 (c) EXISTING AUTHORITY NOT AFFECTED.—Nothing 

8 in this Act limits the authority granted the Secretary in 

9 section 204 of the Federal Land Policy and Management 

10 Act of 1976 (43 U.S.C. 1714) to withdraw public lands. 

11 SEC. 202. WITHDRAWAL PETITIONS BY STATES, POLITICAL 

12 SUBDIVISIONS, AND INDIAN TRIBES. 

13 (a) IN GENERAL.—Any State or political subdivision 

14 of a State or an Indian tribe may submit a petition to 

15 the Secretary for the withdrawal of a specific tract of Fed16 eral land from the operation of the general mining laws, 

17 in order to protect specific values identified in the petition 

18 that are important to the State or political subdivision or 

19 Indian tribe. Such values may include the value of a water20 shed to supply drinking water, wildlife habitat value, cul21 tural or historic resources, or value for scenic vistas impor22 tant to the local economy, and other similar values. In the 

23 case of an Indian tribe, the petition may also identify reli24 gious or cultural values that are important to the Indian 

25 tribe. The petition shall contain the information required 


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1 by section 204 of the Federal Land Policy and Management 

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

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

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

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

6 within 180 days after receiving it; and 

7 (3) shall grant the petition unless the Secretary 

8 makes and publishes in the Federal Register specific 

9 findings why a decision to grant the petition would 

10 be against the national interest. 

11 TITLE III—ENVIRONMENTAL 

12 CONSIDERATIONS OF MIN13 ERAL EXPLORATION AND DE14 VELOPMENT 

15 SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON 

16 FEDERAL LAND. 

17 Notwithstanding section 302(b) of the Federal Land 

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

19 the first section of the Act of June 4, 1897 (chapter 2; 30 

20 Stat. 36 16 U.S.C. 478), and the National Forest Manage21 ment Act of 1976 (16 U.S.C. 1600 et seq.), and in accord22 ance with this title and applicable law, unless expressly 

23 stated otherwise in this Act, the Secretary— 

24 (1) shall ensure that mineral activities on any 

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1 site claim, or tunnel site claim is carefully controlled 

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

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

6 evidence, makes and publishes in the Federal Register 

7 a determination that undue degradation would result 

8 from such activities. 

9 SEC. 302. PERMITS. 

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

11 mineral activities on Federal land that may cause a dis12 turbance of surface resources, including but not limited to 

13 land, air, ground water and surface water, and fish and 

14 wildlife, unless— 

15 (1) the claim was properly located under the 

16 general mining laws and maintained in compliance 

17 with such laws and this Act; and 

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

19 this title authorizing such activities. 

20 (b) NEGLIGIBLE DISTURBANCE.—Notwithstanding 

21 subsection (a)(2), a permit under this title shall not be re22 quired for mineral activities that are a casual use of the 

23 Federal land. 

24 (c) COORDINATION WITH NEPA PROCESS.—To the ex25 tent practicable, the Secretary and the Secretary of AgriVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 culture shall conduct the permit processes under this Act 

2 in coordination with the timing and other requirements 

3 under section 102 of the National Environmental Policy 

4 Act of 1969 (42 U.S.C. 4332). 

5 SEC. 303. EXPLORATION PERMIT. 

6 (a) AUTHORIZED EXPLORATION ACTIVITY.—Any 

7 claim holder may apply for an exploration permit for any 

8 mining claim authorizing the claim holder to remove a rea9 sonable amount of the locatable minerals from the claim 

10 for analysis, study and testing. Such permit shall not au11 thorize the claim holder to remove any mineral for sale nor 

12 to conduct any activities other than those required for explo13 ration for locatable minerals and reclamation. 

14 (b) PERMIT APPLICATION REQUIREMENTS.—An appli15 cation for an exploration permit under this section shall 

16 be submitted in a manner satisfactory to the Secretary or, 

17 for National Forest System lands, the Secretary of Agri18 culture, and shall contain an exploration plan, a reclama19 tion plan for the proposed exploration, and such docu20 mentation as necessary to ensure compliance with applica21 ble Federal and State environmental laws and regulations. 

22 (c) RECLAMATION PLAN REQUIREMENTS.—The rec23 lamation plan required to be included in a permit applica24 tion under subsection (b) shall include such provisions as 


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1 may be jointly prescribed by the Secretary and the Sec2 retary of Agriculture. 

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

4 for National Forest System lands, the Secretary of Agri5 culture, shall issue an exploration permit pursuant to an 

6 application under this section unless such Secretary makes 

7 any of the following determinations: 

8 (1) The permit application, the exploration plan 

9 and reclamation plan are not complete and accurate. 

10 (2) The applicant has not demonstrated that 

11 proposed reclamation can be accomplished. 

12 (3) The proposed exploration activities and con13 dition of the land after the completion of exploration 

14 activities and final reclamation would not conform 

15 with the land use plan applicable to the area subject 

16 to mineral activities. 

17 (4) The area subject to the proposed permit is in18 cluded within an area not open to location under sec19 tion 201. 

20 (5) The applicant has not demonstrated that the 

21 exploration plan and reclamation plan will be in 

22 compliance with the requirements of this Act and all 

23 other applicable Federal requirements, and any State 

24 requirements agreed to by the Secretary of the Inte25 rior (or Secretary of Agriculture, as appropriate). 


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1 (6) The applicant has not demonstrated that the 

2 requirements of section 306 (relating to financial as3 surance) will be met. 

4 (7) The applicant is eligible to receive a permit 

5 under section 305. 

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

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

8 necessary to accomplish the proposed exploration, and in 

9 no case for more than 10 years. 

10 (f) PERMIT MODIFICATION.—During the term of an ex11 ploration permit the permit holder may submit an applica12 tion to modify the permit. To approve a proposed modifica13 tion to the permit, the Secretary concerned shall make the 

14 same determinations as are required in the case of an origi15 nal permit, except that the Secretary and the Secretary of 

16 Agriculture may specify by joint rule the extent to which 

17 requirements for initial exploration permits under this sec18 tion shall apply to applications to modify an exploration 

19 permit based on whether such modifications are deemed sig20 nificant or minor. 

21 (g) TRANSFER, ASSIGNMENT, OR SALE OF RIGHTS.— 

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

23 a permit issued under this section shall be made without 

24 the prior written approval of the Secretary or for National 

25 Forest System lands, the Secretary of Agriculture. 


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1 (2) Such Secretary shall allow a person holding a per2 mit to transfer, assign, or sell rights under the permit to 

3 a successor, if the Secretary finds, in writing, that the suc4 cessor— 

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

6 with section 304(d); 

7 (B) has submitted evidence of financial assur8 ance satisfactory under section 306; and 

9 (C) meets any other requirements specified by the 

10 Secretary. 

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

12 and reclamation responsibilities established by the existing 

13 permit and shall conduct the mineral activities in full com14 pliance with this Act, and the terms and conditions of the 

15 permit as in effect at the time of transfer, assignment, or 

16 sale. 

17 (4) Each application for approval of a permit transfer, 

18 assignment, or sale pursuant to this subsection shall be ac19 companied by a fee payable to the Secretary of the Interior 

20 in such amount as may be established by such Secretary. 

21 Such amount shall be equal to the actual or anticipated 

22 cost to the Secretary or the Secretary of Agriculture, as ap23 propriate, of reviewing and approving or disapproving such 

24 transfer, assignment, or sale, as determined by the Sec25 retary of the Interior. All moneys received under this subVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 section shall be deposited in the Locatable Minerals Fund 

2 established under title IV of this Act. 

3 SEC. 304. OPERATIONS PERMIT. 

4 (a) OPERATIONS PERMIT.—(1) Any claim holder that 

5 is in compliance with the general mining laws and section 

6 103 of this Act may apply to the Secretary, or for National 

7 Forest System lands, the Secretary of Agriculture, for an 

8 operations permit authorizing the claim holder to carry out 

9 mineral activities, other than casual use, on— 

10 (A) any valid mining claim, valid millsite 

11 claim, or valid tunnel site claim; and 

12 (B) such additional Federal land as the Sec13 retary may determine is necessary to conduct the pro14 posed mineral activities, if the operator obtains a 

15 right-of-way permit for use of such additional lands 

16 under title V of the Federal Land Policy and Manage17 ment Act of 1976 (43 U.S.C. 1761 et seq.) and agrees 

18 to pay all fees required under that title for the permit 

19 under that title. 

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

21 permit shall include such terms and conditions as pre22 scribed by such Secretary to carry out this title. 

23 (b) PERMIT APPLICATION REQUIREMENTS.—An appli24 cation for an operations permit under this section shall be 

25 submitted in a manner satisfactory to the Secretary conVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 cerned and shall contain site characterization data, an op2 erations plan, a reclamation plan, monitoring plans, long3 term maintenance plans, to the extent necessary, and such 

4 documentation as necessary to ensure compliance with ap5 plicable Federal and State environmental laws and regula6 tions. If the proposed mineral activities will be carried out 

7 in conjunction with mineral activities on adjacent non-Fed8 eral lands, information on the location and nature of such 

9 operations may be required by the Secretary. 

10 (c) PERMIT ISSUANCE OR DENIAL.—(1) After pro11 viding for public participation pursuant to subsection (i), 

12 the Secretary, or for National Forest System lands the Sec13 retary of Agriculture, shall issue an operations permit if 

14 such Secretary makes each of the following determinations 

15 in writing, and shall deny a permit if such Secretary finds 

16 that the application and applicant do not fully meet the 

17 following requirements: 

18 (A) The permit application, including the site 

19 characterization data, operations plan, and reclama20 tion plan, are complete and accurate and sufficient 

21 for developing a good understanding of the antici22 pated impacts of the mineral activities and the effec23 tiveness of proposed mitigation and control. 

24 (B) The applicant has demonstrated that the 

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1 tion plan can be and is likely to be accomplished by 

2 the applicant and will not cause undue degradation. 

3 (C) The condition of the land, including the fish 

4 and wildlife resources and habitat contained thereon, 

5 after the completion of mineral activities and final 

6 reclamation, will conform to the land use plan appli7 cable to the area subject to mineral activities and are 

8 returned to a productive use. 

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

10 open to location for the types of mineral activities 

11 proposed. 

12 (E) The proposed operation has been designed to 

13 prevent material damage to the hydrologic balance 

14 outside the permit area. 

15 (F) The applicant will fully comply with the re16 quirements of section 306 (relating to financial assur17 ance) prior to the initiation of operations. 

18 (G) Neither the applicant nor operator, nor any 

19 subsidiary, affiliate, or person controlled by or under 

20 common control with the applicant or operator, is in21 eligible to receive a permit under section 305. 

22 (H) The reclamation plan demonstrates that 10 

23 years following mine closure, no treatment of surface 

24 or ground water for carcinogens or toxins will be reVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 quired to meet water quality standards at the point 

2 of discharge. 

3 (2) With respect to any activities specified in the rec4 lamation plan referred to in subsection (b) that constitutes 

5 a removal or remedial action under section 101 of the Com6 prehensive Environmental Response, Compensation, and 

7 Liability Act of 1980 (42 U.S.C. 9601 and following), the 

8 Secretary shall consult with the Administrator of the Envi9 ronmental Protection Agency prior to the issuance of an 

10 operations permit. The Administrator shall ensure that the 

11 reclamation plan does not require activities that would in12 crease the costs or likelihood of removal or remedial actions 

13 under the Comprehensive Environmental Response, Com14 pensation, and Liability Act of 1980 (42 U.S.C. 9601 and 

15 following) or corrective actions under the Solid Waste Dis16 posal Act (42 U.S.C. 6901 and following). 

17 (d) TERM OF PERMIT; RENEWAL.— 

18 (1) An operations permit— 

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

20 than the shorter of— 

21 (i) the period necessary to accomplish 

22 the proposed mineral activities subject to 

23 the permit; and 

24 (ii) 20 years; and 


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

2 year period if the operation is in compliance 

3 with the requirements of this Act and other ap4 plicable law. 

5 (2) Failure by the operator to commence mineral 

6 activities within 2 years of the date scheduled in an 

7 operations permit shall require a modification of the 

8 permit if the Secretary concerned determines that 

9 modifications are necessary to comply with section 

10 201. 

11 (e) PERMIT MODIFICATION.— 

12 (1) During the term of an operations permit the 

13 operator may submit an application to modify the 

14 permit (including the operations plan or reclamation 

15 plan, or both). 

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

17 lands the Secretary of Agriculture, may, at any time, 

18 require reasonable modification to any operations 

19 plan or reclamation plan upon a determination that 

20 the requirements of this Act cannot be met if the plan 

21 is followed as approved. Such determination shall be 

22 based on a written finding and subject to public no23 tice and hearing requirements established by the Sec24 retary concerned. 


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1 (3) A permit modification is required before 

2 changes are made to the approved plan of operations, 

3 or if unanticipated events or conditions exist on the 

4 mine site, including in the case of— 

5 (A) development of acid or toxic drainage; 

6 (B) loss of springs or water supplies; 

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

8 resulting water impacts that are significantly 

9 different than those predicted in the application; 

10 (D) the need for long-term water treatment; 

11 (E) significant reclamation difficulties or 

12 reclamation failure; 

13 (F) the discovery of significant scientific, 

14 cultural, or biological resources that were not ad15 dressed in the original plan; or 

16 (G) the discovery of hazards to public safe17 ty. 

18 (f) TEMPORARY CESSATION OF OPERATIONS.—(1) An 

19 operator conducting mineral activities under an operations 

20 permit in effect under this title may not temporarily cease 

21 mineral activities for a period greater than 180 days unless 

22 the Secretary concerned has approved such temporary ces23 sation or unless the temporary cessation is permitted under 

24 the original permit. Any operator temporarily ceasing min25 eral activities for a period greater than 90 days under an 


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1 operations permit issued before the date of the enactment 

2 of this Act shall submit, before the expiration of such 90- 

3 day period, a complete application for temporary cessation 

4 of operations to the Secretary concerned for approval unless 

5 the temporary cessation is permitted under the original per6 mit. 

7 (2) An application for approval of temporary cessation 

8 of operations shall include such information required under 

9 subsection (b) and any other provisions prescribed by the 

10 Secretary concerned to minimize impacts on the environ11 ment. After receipt of a complete application for temporary 

12 cessation of operations such Secretary shall conduct an in13 spection of the area for which temporary cessation of oper14 ations has been requested. 

15 (3) To approve an application for temporary cessation 

16 of operations, the Secretary concerned shall make each of 

17 the following determinations: 

18 (A) A determination that the methods for secur19 ing surface facilities and restricting access to the per20 mit area, or relevant portions thereof, will effectively 

21 ensure against hazards to the health and safety of the 

22 public and fish and wildlife. 

23 (B) A determination that reclamation is in com24 pliance with the approved reclamation plan, except in 

25 those areas specifically designated in the application 


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1 for temporary cessation of operations for which a 

2 delay in meeting such standards is necessary to facili3 tate the resumption of operations. 

4 (C) A determination that the amount of finan5 cial assurance filed with the permit application is 

6 sufficient to assure completion of the reclamation ac7 tivities identified in the approved reclamation plan 

8 in the event of forfeiture. 

9 (D) A determination that any outstanding no10 tices of violation and cessation orders incurred in 

11 connection with the plan for which temporary ces12 sation is being requested are either stayed pursuant 

13 to an administrative or judicial appeal proceeding or 

14 are in the process of being abated to the satisfaction 

15 of the Secretary concerned. 

16 (g) PERMIT REVIEWS.—The Secretary, or for National 

17 Forest System lands the Secretary of Agriculture, shall re18 view each permit issued under this section every 10 years 

19 during the term of such permit, shall provide public notice 

20 of the permit review, and, based upon a written finding, 

21 such Secretary shall require the operator to take such ac22 tions as the Secretary deems necessary to assure that min23 eral activities conform to the permit, including adjustment 

24 of financial assurance requirements. 


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1 (h) TRANSFER, ASSIGNMENT, OR SALE OF RIGHTS.— 

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

3 a permit under this section shall be made without the prior 

4 written approval of the Secretary, or for National Forest 

5 System lands the Secretary of Agriculture. 

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

7 lands, the Secretary of Agriculture, may allow a person 

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

9 the permit to a successor, if such Secretary finds, in writ10 ing, that the successor— 

11 (A) has submitted information required and is 

12 eligible to receive a permit in accordance with section 

13 305; 

14 (B) has submitted evidence of financial assur15 ance satisfactory under section 306; and 

16 (C) meets any other requirements specified by 

17 such Secretary. 

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

19 and reclamation responsibilities established by the existing 

20 permit and shall conduct the mineral activities in full com21 pliance with this Act, and the terms and conditions of the 

22 permit as in effect at the time of transfer, assignment, or 

23 sale. 

24 (4) Each application for approval of a permit transfer, 

25 assignment, or sale pursuant to this subsection shall be acVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 companied by a fee payable to the Secretary of the Interior, 

2 or for National Forest System lands, the Secretary of Agri3 culture, in such amount as may be established by such Sec4 retary, or for National Forest System lands, by the Sec5 retary of Agriculture. Such amount shall be equal to the 

6 actual or anticipated cost to the Secretary or, for National 

7 Forest System lands, to the Secretary of Agriculture, of re8 viewing and approving or disapproving such transfer, as9 signment, or sale, as determined by such Secretary. All 

10 moneys received under this subsection shall be deposited in 

11 the Locatable Minerals Fund established under title IV. 

12 (i) PUBLIC PARTICIPATION.—The Secretary of the In13 terior and the Secretary of Agriculture shall jointly promul14 gate regulations to ensure transparency and public partici15 pation in permit decisions required under this Act, con16 sistent with any requirements that apply to such decisions 

17 under section 102 of the National Environmental Policy 

18 Act of 1969 (42 U.S.C. 4332). 

19 SEC. 305. PERSONS INELIGIBLE FOR PERMITS. 

20 (a) CURRENT VIOLATIONS.—Unless corrective action 

21 has been taken in accordance with subsection (c), no permit 

22 under this title shall be issued or transferred to an appli23 cant if the applicant or any agent of the applicant, the op24 erator (if different than the applicant) of the claim con25 cerned, any claim holder (if different than the applicant) 


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1 of the claim concerned, or any affiliate or officer or director 

2 of the applicant is currently in violation of any of the fol3 lowing: 

4 (1) A provision of this Act or any regulation 

5 under this Act. 

6 (2) An applicable State or Federal toxic sub7 stance, solid waste, air, water quality, or fish and 

8 wildlife conservation law or regulation at any site 

9 where mining, beneficiation, or processing activities 

10 are occurring or have occurred. 

11 (3) The Surface Mining Control and Reclama12 tion Act of 1977 (30 U.S.C. 1201 and following) or 

13 any regulation implementing that Act at any site 

14 where surface coal mining operations have occurred 

15 or are occurring. 

16 (b) SUSPENSION.—The Secretary, or for National For17 est System lands the Secretary of Agriculture, shall suspend 

18 an operations permit, in whole or in part, if such Secretary 

19 determines that any of the entities described in subsection 

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

21 (a) at the time the permit was issued. 

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

23 Forest System lands the Secretary of Agriculture, may issue 

24 or reinstate a permit under this title if the applicant sub25 mits proof that the violation referred to in subsection (a) 


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1 or (b) has been corrected or is in the process of being cor2 rected to the satisfaction of such Secretary and the regu3 latory authority involved or if the applicant submits proof 

4 that the violator has filed and is presently pursuing, a di5 rect administrative or judicial appeal to contest the exist6 ence of the violation. For purposes of this section, an appeal 

7 of any applicant’s relationship to an affiliate shall not con8 stitute a direct administrative or judicial appeal to contest 

9 the existence of the violation. 

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

11 upon proof submitted under this subsection shall be condi12 tionally approved or conditionally reinstated, as the case 

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

14 violation is upheld on appeal, the permit shall be suspended 

15 or revoked. 

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

17 under this Act may be issued to any applicant if there is 

18 a demonstrated pattern of willful violations of the environ19 mental protection requirements of this Act by the applicant, 

20 any affiliate of the applicant, or the operator or claim hold21 er if different than the applicant. 

22 SEC. 306. FINANCIAL ASSURANCE. 

23 (a) FINANCIAL ASSURANCE REQUIRED.—(1) After a 

24 permit is issued under this title and before any exploration 

25 or operations begin under the permit, the operator shall file 


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1 with the Secretary, or for National Forest System lands the 

2 Secretary of Agriculture, evidence of financial assurance 

3 payable to the United States. The financial assurance shall 

4 be provided in the form of a surety bond, a trust fund, let5 ters of credits, government securities, certificates of deposit, 

6 cash, or an equivalent form approved by such Secretary. 

7 (2) The financial assurance shall cover all lands with8 in the initial permit area and all affected waters that may 

9 require restoration, treatment, or other management as a 

10 result of mineral activities, and shall be extended to cover 

11 all lands and waters added pursuant to any permit modi12 fication made under section 303(f) (relating to exploration 

13 permits) or section 304(e) (relating to operations permits), 

14 or affected by mineral activities. 

15 (b) AMOUNT.—The amount of the financial assurance 

16 required under this section shall be sufficient to assure the 

17 completion of reclamation and restoration satisfying the re18 quirements of this Act if the work were to be performed by 

19 the Secretary concerned in the event of forfeiture, including 

20 the construction and maintenance costs for any treatment 

21 facilities necessary to meet Federal and State environ22 mental requirements. The calculation of such amount shall 

23 take into account the maximum level of financial exposure 

24 which shall arise during the mineral activity and adminisVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 trative costs associated with a government agency reclaim2 ing the site. 

3 (c) DURATION.—The financial assurance required 

4 under this section shall be held for the duration of the min5 eral activities and for an additional period to cover the op6 erator’s responsibility for reclamation, restoration, and 

7 long-term maintenance, and effluent treatment as specified 

8 in subsection (g). 

9 (d) ADJUSTMENTS.—The amount of the financial as10 surance and the terms of the acceptance of the assurance 

11 may be adjusted by the Secretary concerned from time to 

12 time as the area requiring coverage is increased or de13 creased, or where the costs of reclamation or treatment 

14 change, or pursuant to section 304(f) (relating to temporary 

15 cessation of operations), but the financial assurance shall 

16 otherwise be in compliance with this section. The Secretary 

17 concerned shall review the financial guarantee every 3 years 

18 and as part of the permit application review under section 

19 304(c). 

20 (e) RELEASE.—Upon request, and after notice and op21 portunity for public comment, and after inspection by the 

22 Secretary, or for National Forest System lands, the Sec23 retary of Agriculture, such Secretary may, after consulta24 tion with the Administrator of the Environmental Protec25 tion Agency, release in whole or in part the financial assurVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 ance required under this section if the Secretary makes both 

2 of the following determinations: 

3 (1) A determination that reclamation or restora4 tion covered by the financial assurance has been ac5 complished as required by this Act. 

6 (2) A determination that the terms and condi7 tions of any other applicable Federal requirements, 

8 and State requirements applicable pursuant to coop9 erative agreements under section 308, have been ful10 filled. 

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

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

13 (1) After the operator has completed any re14 quired backfilling, regrading, and drainage control of 

15 an area subject to mineral activities and covered by 

16 the financial assurance, and has commenced revegeta17 tion on the regraded areas subject to mineral activi18 ties in accordance with the approved plan, that por19 tion of the total financial assurance secured for the 

20 area subject to mineral activities attributable to the 

21 completed activities may be released except that suffi22 cient assurance must be retained to address other re23 quired reclamation and restoration needs and to as24 sure the long-term success of the revegetation. 


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1 (2) After the operator has completed successfully 

2 all remaining mineral activities and reclamation ac3 tivities and all requirements of the operations plan 

4 and the reclamation plan, and all other requirements 

5 of this Act have been fully met, the remaining portion 

6 of the financial assurance may be released. 

7 During the period following release of the financial assur8 ance as specified in paragraph (1), until the remaining 

9 portion of the financial assurance is released as provided 

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

11 with the permit issued under this title. 

12 (g) EFFLUENT.—Notwithstanding section 307(b)(4), 

13 where any discharge or other water-related condition result14 ing from the mineral activities requires treatment in order 

15 to meet the applicable effluent limitations and water qual16 ity standards, the financial assurance shall include the esti17 mated cost of maintaining such treatment for the projected 

18 period that will be needed after the cessation of mineral ac19 tivities. The portion of the financial assurance attributable 

20 to such estimated cost of treatment shall not be released 

21 until the discharge has ceased for a period of 5 years, as 

22 determined by ongoing monitoring and testing, or, if the 

23 discharge continues, until the operator has met all applica24 ble effluent limitations and water quality standards for 5 

25 full years without treatment. 


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1 (h) ENVIRONMENTAL HAZARDS.—If the Secretary, or 

2 for National Forest System lands, the Secretary of Agri3 culture, determines, after final release of financial assur4 ance, that an environmental hazard resulting from the min5 eral activities exists, or the terms and conditions of the ex6 plorations or operations permit of this Act were not fulfilled 

7 in fact at the time of release, such Secretary shall issue an 

8 order under section 506 requiring the claim holder or oper9 ator (or any person who controls the claim holder or oper10 ator) to correct the condition such that applicable laws and 

11 regulations and any conditions from the plan of operations 

12 are met. 

13 SEC. 307. OPERATION AND RECLAMATION. 

14 (a) GENERAL RULE.—(1) The operator shall restore 

15 lands subject to mineral activities carried out under a per16 mit issued under this title to a condition capable of sup17 porting— 

18 (A) the uses which such lands were capable of 

19 supporting prior to surface disturbance by the oper20 ator, or 

21 (B) other beneficial uses which conform to appli22 cable land use plans as determined by the Secretary, 

23 or for National Forest System lands, the Secretary of 

24 Agriculture. 


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1 (2) Reclamation shall proceed as contemporaneously 

2 as practicable with the conduct of mineral activities. In the 

3 case of a cessation of mineral activities beyond that pro4 vided for as a temporary cessation under this Act, reclama5 tion activities shall begin immediately. 

6 (b) OPERATION AND RECLAMATION STANDARDS.—The 

7 Secretary of the Interior and the Secretary of Agriculture 

8 shall jointly promulgate regulations that establish operation 

9 and reclamation standards for mineral activities permitted 

10 under this Act. The Secretaries may determine whether out11 come-based performance standards or technology-based de12 sign standards are most appropriate. The regulations shall 

13 address the following: 

14 (1) Segregation, protection, and replacement of 

15 topsoil or other suitable growth medium, and the pre16 vention, where possible, of soil contamination. 

17 (2) Maintenance of the stability of all surface 

18 areas. 

19 (3) Control of sediments to prevent erosion and 

20 manage drainage. 

21 (4) Minimization of the formation and migra22 tion of acidic, alkaline, metal-bearing, or other delete23 rious leachate. 


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1 (5) Reduction of the visual impact of mineral 

2 activities to the surrounding topography, including as 

3 necessary pit backfill. 

4 (6) Establishment of a diverse, effective, and per5 manent vegetative cover of the same seasonal variety 

6 native to the area affected by mineral activities, and 

7 equal in extent of cover to the natural vegetation of 

8 the area. 

9 (7) Design and maintenance of leach operations, 

10 impoundments, and excess waste according to stand11 ard engineering standards to achieve and maintain 

12 stability and reclamation of the site. 

13 (8) Removal of structures and roads and sealing 

14 of drill holes. 

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

16 wildlife habitat disturbed by mineral activities. 

17 (10) Preservation of cultural, paleontological, 

18 and cave resources. 

19 (11) Prevention and suppression of fire in the 

20 area of mineral activities. 

21 (c) SURFACE OR GROUNDWATER WITHDRAWALS.—The 

22 Secretary shall work with State and local governments with 

23 authority over the allocation and use of surface and ground24 water in the area around the mine site as necessary to en25 sure that any surface or groundwater withdrawals made 


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1 as a result of mining activities approved under this section 

2 do not cause undue degradation. 

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

4 mining claim that has been forfeited, relinquished, or 

5 lapsed, or a plan that has expired or been revoked or sus6 pended, shall continue subject to review and approval by 

7 the Secretary, or for National Forest System lands the Sec8 retary of Agriculture. 

9 SEC. 308. STATE LAW AND REGULATION. 

10 (a) STATE LAW.—(1) Any reclamation, land use, envi11 ronmental, or public health protection standard or require12 ment in State law or regulation that meets or exceeds the 

13 requirements of this Act shall not be construed to be incon14 sistent with any such standard. 

15 (2) Any bonding standard or requirement in State law 

16 or regulation that meets or exceeds the requirements of this 

17 Act shall not be construed to be inconsistent with such re18 quirements. 

19 (3) Any inspection standard or requirement in State 

20 law or regulation that meets or exceeds the requirements 

21 of this Act shall not be construed to be inconsistent with 

22 such requirements. 

23 (b) APPLICABILITY OF OTHER STATE REQUIRE24 MENTS.—(1) Nothing in this Act shall be construed as af25 fecting any toxic substance, solid waste, or air or water 


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1 quality, standard or requirement of any State, county, 

2 local, or tribal law or regulation, which may be applicable 

3 to mineral activities on lands subject to this Act. 

4 (2) Nothing in this Act shall be construed as affecting 

5 in any way the right of any person to enforce or protect, 

6 under applicable law, such person’s interest in water re7 sources affected by mineral activities on lands subject to this 

8 Act. 

9 (c) COOPERATIVE AGREEMENTS.—(1) Any State may 

10 enter into a cooperative agreement with the Secretary, or 

11 for National Forest System lands the Secretary of Agri12 culture, for the purposes of such Secretary applying such 

13 standards and requirements referred to in subsection (a) 

14 and subsection (b) to mineral activities or reclamation on 

15 lands subject to this Act. 

16 (2) In such instances where the proposed mineral ac17 tivities would affect lands not subject to this Act in addition 

18 to lands subject to this Act, in order to approve a plan of 

19 operations the Secretary concerned shall enter into a coop20 erative agreement with the State that sets forth a common 

21 regulatory framework consistent with the requirements of 

22 this Act for the purposes of such plan of operations. Any 

23 such common regulatory framework shall not negate the au24 thority of the Federal Government to independently inspect 


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1 mines and operations and bring enforcement actions for 

2 violations. 

3 (3) The Secretary concerned shall not enter into a co4 operative agreement with any State under this section until 

5 after notice in the Federal Register and opportunity for 

6 public comment and hearing. 

7 (d) PRIOR AGREEMENTS.—Any cooperative agreement 

8 or such other understanding between the Secretary con9 cerned and any State, or political subdivision thereof, relat10 ing to the management of mineral activities on lands sub11 ject to this Act that was in existence on the date of enact12 ment of this Act may only continue in force until 1 year 

13 after the date of enactment of this Act. During such 1-year 

14 period, the State and the Secretary shall review the terms 

15 of the agreement and make changes that are necessary to 

16 be consistent with this Act. 

17 SEC. 309. LIMITATION ON THE ISSUANCE OF PERMITS. 

18 No permit shall be issued under this title that author19 izes mineral activities that would impair the land or re20 sources of the National Park System or a National Monu21 ment. For purposes of this section, the term ‘‘impair’’ shall 

22 include any diminution of the affected land including its 

23 scenic assets, its water resources, its air quality, and its 

24 acoustic qualities, or other changes that would impair a 


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1 citizen’s experience at the National Park or National Monu2 ment. 

3 TITLE IV—MINING MITIGATION 

4 Subtitle A—Locatable Minerals 

5 Fund 

6 SEC. 401. ESTABLISHMENT OF FUND. 

7 (a) ESTABLISHMENT.—There is established on the 

8 books of the Treasury of the United States a separate ac9 count to be known as the Locatable Minerals Fund (herein10 after in this subtitle referred to as the ‘‘Fund’’). 

11 (b) INVESTMENT.—The Secretary shall notify the Sec12 retary of the Treasury as to what portion of the Fund is 

13 not, in the Secretary’s judgment, required to meet current 

14 withdrawals. The Secretary of the Treasury shall invest 

15 such portion of the Fund in public debt securities with ma16 turities suitable for the needs of such Fund and bearing in17 terest at rates determined by the Secretary of the Treasury, 

18 taking into consideration current market yields on out19 standing marketplace obligations of the United States of 

20 comparable maturities. 

21 SEC. 402. CONTENTS OF FUND. 

22 The following amounts shall be credited to the Fund: 

23 (1) All moneys collected pursuant to section 506 

24 (relating to enforcement) and section 504 (relating to 

25 citizens suits). 


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1 (2) All permit fees and transfer fees received 

2 under section 304. 

3 (3) All donations by persons, corporations, asso4 ciations, and foundations for the purposes of this sub5 title. 

6 (4) All amounts deposited in the Fund under 

7 section 102 (relating to royalties and penalties for 

8 underreporting). 

9 (5) All amounts received by the United States 

10 pursuant to section 101 from issuance of patents. 

11 (6) All amounts received by the United States 

12 pursuant to section 103 as claim maintenance and lo13 cation fees. 

14 (7) All income on investments under section 

15 401(b). 

16 SEC. 403. SUBACCOUNTS. 

17 There shall be in the Fund 2 subaccounts, as follows: 

18 (1) The Hardrock Reclamation Account, which 

shall consist of 2 19 ⁄3 of the amounts credited to the Fund 

20 under section 402 and which shall be administered by 

21 the Secretary acting through the Director of the Office 

22 of Surface Mining and Enforcement. 

23 (2) The Hardrock Community Impact Assistance 

Account, which shall consist of 1 24 ⁄3 of the amounts 

25 credited to the Fund under section 402 and which 


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1 shall be administered by the Secretary acting through 

2 the Director of the Bureau of Land Management. 

3 Subtitle B—Use of Hardrock 

4 Reclamation Account 

5 SEC. 411. USE AND OBJECTIVES OF THE ACCOUNT. 

6 (a) IN GENERAL.—The Secretary is authorized, subject 

7 to appropriations, to use moneys in the Hardrock Reclama8 tion Account for the reclamation and restoration of land 

9 and water resources adversely affected by past mineral ac10 tivities on lands the legal and beneficial title to which re11 sides in the United States, land within the exterior bound12 ary of any national forest system unit, or other lands de13 scribed in subsection (d) or section 412, including any of 

14 the following: 

15 (1) Protecting public health and safety. 

16 (2) Preventing, abating, treating, and control17 ling water pollution created by abandoned mine 

18 drainage. 

19 (3) Reclaiming and restoring abandoned surface 

20 and underground mined areas. 

21 (4) Reclaiming and restoring abandoned milling 

22 and processing areas. 

23 (5) Backfilling, sealing, or otherwise controlling, 

24 abandoned underground mine entries. 


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1 (6) Revegetating land adversely affected by past 

2 mineral activities in order to prevent erosion and 

3 sedimentation, to enhance wildlife habitat, and for 

4 any other reclamation purpose. 

5 (7) Controlling of surface subsidence due to 

6 abandoned underground mines. 

7 (b) PRIORITIES.—Expenditures of moneys from the 

8 Hardrock Reclamation Account shall reflect the following 

9 priorities in the order stated: 

10 (1) The protection of public health and safety, 

11 from extreme danger from the adverse effects of past 

12 mineral activities, especially as relates to surface 

13 water and groundwater contaminants. 

14 (2) The protection of public health and safety, 

15 from the adverse effects of past mineral activities. 

16 (3) The restoration of land, water, and fish and 

17 wildlife resources previously degraded by the adverse 

18 effects of past mineral activities. 

19 (c) HABITAT.—Reclamation and restoration activities 

20 under this subtitle, particularly those identified under sub21 section (a)(4), shall include appropriate mitigation meas22 ures to provide for the continuation of any established habi23 tat for wildlife in existence prior to the commencement of 

24 such activities. 


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1 (d) OTHER AFFECTED LANDS.—Where mineral explo2 ration, mining, beneficiation, processing, or reclamation 

3 activities have been carried out with respect to any mineral 

4 which would be a locatable mineral if the legal and bene5 ficial title to the mineral were in the United States, if such 

6 activities directly affect lands managed by the Bureau of 

7 Land Management as well as other lands and if the legal 

8 and beneficial title to more than 50 percent of the affected 

9 lands resides in the United States, the Secretary is author10 ized, subject to appropriations, to use moneys in the 

11 Hardrock Reclamation Account for reclamation and res12 toration under subsection (a) for all directly affected lands. 

13 (e) RESPONSE OR REMOVAL ACTIONS.—Reclamation 

14 and restoration activities under this subtitle which con15 stitute a removal or remedial action under section 101 of 

16 the Comprehensive Environmental Response, Compensa17 tion, and Liability Act of 1980 (42 U.S.C. 9601), shall be 

18 conducted with the concurrence of the Administrator of the 

19 Environmental Protection Agency. The Secretary and the 

20 Administrator shall enter into a Memorandum of Under21 standing to establish procedures for consultation, concur22 rence, training, exchange of technical expertise and joint 

23 activities under the appropriate circumstances, that provide 

24 assurances that reclamation or restoration activities under 

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1 creases the costs or likelihood of removal or remedial actions 

2 under the Comprehensive Environmental Response, Com3 pensation, and Liability Act of 1980 (42 U.S.C. 9601 and 

4 following), and that avoid oversight by multiple agencies 

5 to the maximum extent practicable. 

6 SEC. 412. ELIGIBLE LANDS AND WATERS. 

7 (a) ELIGIBILITY.—Reclamation expenditures under 

8 this subtitle may only be made with respect to Federal lands 

9 or Indian lands or water resources that traverse or are con10 tiguous to Federal lands or Indian lands where such lands 

11 or water resources have been affected by past mineral activi12 ties, including any of the following: 

13 (1) Lands and water resources which were used 

14 for, or affected by, mineral activities and abandoned 

15 or left in an inadequate reclamation status before the 

16 effective date of this Act. 

17 (2) Lands for which the Secretary makes a deter18 mination that there is no continuing reclamation re19 sponsibility of a claim holder, operator, or other per20 son who abandoned the site prior to completion of re21 quired reclamation under State or other Federal laws. 

22 (3) Lands for which it can be established that 

23 such lands do not contain locatable minerals which 

24 could economically be extracted through the reprocess25 ing or remining of such lands, unless such considerVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 ations are in conflict with the priorities set forth 

2 under paragraphs (1) and (2) of section 302(b). 

3 (b) SPECIFIC SITES AND AREAS NOT ELIGIBLE.—The 

4 provisions of section 411(d) of the Surface Mining Control 

5 and Reclamation Act of 1977 (30 U.S.C. 1240a(d)) shall 

6 apply to expenditures made from the Hardrock Reclama7 tion Account. 

8 (c) INVENTORY.—The Secretary shall prepare and 

9 maintain a publicly available inventory of abandoned 

10 locatable minerals mines on public lands and any aban11 doned mine on Indian lands that may be eligible for ex12 penditures under this subtitle, and shall deliver a yearly 

13 report to the Congress on the progress in cleanup of such 

14 sites. 

15 SEC. 413. EXPENDITURES. 

16 Moneys available from the Hardrock Reclamation Ac17 count may be expended for the purposes specified in section 

18 411 directly by the Director of the Office of Surface Mining 

19 Reclamation and Enforcement. The Director may also make 

20 such money available for such purposes to the Director of 

21 the Bureau of Land Management, the Chief of the United 

22 States Forest Service, the Director of the National Park 

23 Service, or Director of the United States Fish and Wildlife 

24 Service, to any other agency of the United States, to an 

25 Indian tribe, or to any public entity that volunteers to deVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 velop and implement, and that has the ability to carry out, 

2 all or a significant portion of a reclamation program under 

3 this subtitle. 

4 SEC. 414. AUTHORIZATION OF APPROPRIATIONS. 

5 Amounts credited to the Hardrock Reclamation Ac6 count are authorized to be appropriated for the purpose of 

7 this subtitle without fiscal year limitation. 

8 Subtitle C—Use of Hardrock Com9 munity Impact Assistance Ac10 count 

11 SEC. 421. USE AND OBJECTIVES OF THE ACCOUNT. 

12 Amounts in the Hardrock Community Impact Assist13 ance Account shall be available to the Secretary, subject to 

14 appropriations, to provide assistance for the planning, con15 struction, and maintenance of public facilities and the pro16 vision of public services to States, political subdivisions and 

17 Indian tribes that are socially or economically impacted by 

18 mineral activities conducted under the general mining laws. 

19 SEC. 422. ALLOCATION OF FUNDS. 

20 Moneys deposited into the Hardrock Community Im21 pact Assistance Account shall be allocated by the Secretary 

22 for purposes of section 421 among the States within the 

23 boundaries of which occurs production of locatable minerals 

24 from mining claims located under the general mining laws 

25 and maintained in compliance with this Act, or mineral 


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1 concentrates or products derived from locatable minerals 

2 from mining claims located under the general mining laws 

3 and maintained in compliance with this Act, as the case 

4 may be, in proportion to the amount of such production 

5 in each such State. 

6 TITLE V—ADMINISTRATIVE AND 

7 MISCELLANEOUS PROVISIONS 

8 Subtitle A—Administrative 

9 Provisions 

10 SEC. 501. POLICY FUNCTIONS. 

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

12 and Minerals Policy Act of 1970 (30 U.S.C. 21a) is amend13 ed— 

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

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

16 mineral extraction and processing not cause undue 

17 degradation of the natural and cultural resources of 

18 the public lands’’; and 

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

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

21 Agriculture to carry out the policy provisions of 

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

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

24 Materials and Minerals Policy, Research and Development 

25 Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by inserting 


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1 before the period the following: ‘‘, except that for National 

2 Forest System lands the Secretary of Agriculture shall 

3 promptly initiate actions to improve the availability and 

4 analysis of mineral data in public land use decision5 making’’. 

6 SEC. 502. USER FEES. 

7 (a) IN GENERAL.—The Secretary and the Secretary of 

8 Agriculture may each establish and collect from persons 

9 subject to the requirements of this Act such user fees as may 

10 be necessary to reimburse the United States for the expenses 

11 incurred in administering such requirements. Fees may be 

12 assessed and collected under this section only in such man13 ner as may reasonably be expected to result in an aggregate 

14 amount of the fees collected during any fiscal year which 

15 does not exceed the aggregate amount of administrative ex16 penses referred to in this section. 

17 (b) ADJUSTMENT.—(1) The Secretary shall adjust the 

18 fees required by this section to reflect changes in the Con19 sumer Price Index published by the Bureau of Labor Statis20 tics of the Department of Labor every 5 years after the date 

21 of enactment of this Act, or more frequently if the Secretary 

22 determines an adjustment to be reasonable. 

23 (2) The Secretary shall provide claimants notice of 

24 any adjustment made under this subsection not later than 

25 July 1 of any year in which the adjustment is made. 


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1 (3) A fee adjustment under this subsection shall begin 

2 to apply the calendar year following the calendar year in 

3 which it is made. 

4 SEC. 503. INSPECTION AND MONITORING. 

5 (a) INSPECTIONS.—(1) The Secretary, or for National 

6 Forest System lands the Secretary of Agriculture, shall 

7 make inspections of mineral activities so as to ensure com8 pliance with the requirements of this Act. 

9 (2) The Secretary concerned shall establish a frequency 

10 of inspections for mineral activities conducted under a per11 mit issued under title III, but in no event shall such inspec12 tion frequency be less than one complete inspection per cal13 endar quarter or, two per calendar quarter in the case of 

14 a permit for which the Secretary concerned approves an 

15 application under section 304(f) (relating to temporary ces16 sation of operations). After revegetation has been established 

17 in accordance with a reclamation plan, such Secretary shall 

18 conduct annually 2 complete inspections. Such Secretary 

19 shall have the discretion to modify the inspection frequency 

20 for mineral activities that are conducted on a seasonal 

21 basis. Inspections shall continue under this subsection until 

22 final release of financial assurance. 

23 (3)(A) Any person who has reason to believe he or she 

24 is or may be adversely affected by mineral activities due 

25 to any violation of the requirements of a permit approved 


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1 under this Act may request an inspection. The Secretary, 

2 or for National Forest System lands the Secretary of Agri3 culture, shall determine within 10 working days of receipt 

4 of the request whether the request states a reason to believe 

5 that a violation exists. If the person alleges and provides 

6 reason to believe that an imminent threat to the environ7 ment or danger to the health or safety of the public exists, 

8 the 10-day period shall be waived and the inspection shall 

9 be conducted immediately. When an inspection is conducted 

10 under this paragraph, the Secretary concerned shall notify 

11 the person requesting the inspection, and such person shall 

12 be allowed to accompany the Secretary concerned or the 

13 Secretary’s authorized representative during the inspection. 

14 The Secretary shall not incur any liability for allowing 

15 such person to accompany an authorized representative. 

16 The identity of the person supplying information to the Sec17 retary relating to a possible violation or imminent danger 

18 or harm shall remain confidential with the Secretary if so 

19 requested by that person, unless that person elects to accom20 pany an authorized representative on the inspection. 

21 (B) The Secretaries shall, by joint rule, establish proce22 dures for the review of (i) any decision by an authorized 

23 representative not to inspect; or (ii) any refusal by such 

24 representative to ensure that remedial actions are taken 

25 with respect to any alleged violation. The Secretary conVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 cerned shall furnish such persons requesting the review a 

2 written statement of the reasons for the Secretary’s final 

3 disposition of the case. 

4 (b) MONITORING.—(1) The Secretary, or for National 

5 Forest System lands the Secretary of Agriculture, shall re6 quire all operators to develop and maintain a monitoring 

7 and evaluation system that shall identify compliance with 

8 all requirements of a permit approved under this Act. The 

9 Secretary concerned may require additional monitoring to 

10 be conducted as necessary to assure compliance with the rec11 lamation and other environmental standards of this Act. 

12 Such plan must be reviewed and approved by the Secretary 

13 and shall become a part of the explorations or operations 

14 permit. 

15 (2) The operator shall file reports with the Secretary, 

16 or for National Forest System lands the Secretary of Agri17 culture, on a frequency determined by the Secretary con18 cerned, on the results of the monitoring and evaluation 

19 process, except that if the monitoring and evaluation show 

20 a violation of the requirements of a permit approved under 

21 this Act, it shall be reported immediately to the Secretary 

22 concerned. The Secretary shall evaluate the reports sub23 mitted pursuant to this paragraph, and based on those re24 ports and any necessary inspection shall take enforcement 

25 action pursuant to this section. Such reports shall be mainVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 tained by the operator and by the Secretary and shall be 

2 made available to the public. 

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

4 the Secretary of Agriculture, shall determine what informa5 tion shall be reported by the operator pursuant to para6 graph (3). A failure to report as required by the Secretary 

7 concerned shall constitute a violation of this Act and subject 

8 the operator to enforcement action pursuant to section 506. 

9 SEC. 504. CITIZENS SUITS. 

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

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

12 own behalf to compel compliance— 

13 (1) against any person (including the Secretary 

14 or the Secretary of Agriculture) who is allged to be 

15 in violation of any of the provisions of this Act or 

16 any regulation promulgated pursuant to this Act or 

17 any term or condition of any permit issued under 

18 this Act; or 

19 (2) against the Secretary or the Secretary of Ag20 riculture where there is alleged a failure of such Sec21 retary to perform any act or duty under this Act, or 

22 to promulgate any regulation under this Act, which 

23 is not within the discretion of the Secretary con24 cerned. 


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1 The United States district courts shall have jurisdiction 

2 over actions brought under this section, without regard to 

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

4 including actions brought to apply any civil penalty under 

5 this Act. The district courts of the United States shall have 

6 jurisdiction to compel agency action unreasonably delayed, 

7 except that an action to compel agency action reviewable 

8 under section 505 may only be filed in a United States 

9 district court within the circuit in which such action would 

10 be reviewable under section 505. 

11 (b) EXCEPTIONS.—(1) No action may be commenced 

12 under subsection (a) before the end of the 60-day period be13 ginning on the date the plaintiff has given notice in writing 

14 of such alleged violation to the the alleged violator and the 

15 Secretary, or for National Forest System lands the Sec16 retary of Agriculture, except that any such action may be 

17 brought immediately after such notification if the violation 

18 complained of constitutes an imminent threat to the envi19 ronment or to the health or safety of the public. 

20 (2) No action may be brought against any person other 

21 than the Secretary or the Secretary of Agriculture under 

22 subsection (a)(1) if such Secretary has commenced and is 

23 diligently prosecuting a civil or criminal action in a court 

24 of the United States to require compliance. 


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1 (3) No action may be commenced under paragraph (2) 

2 of subsection (a) against either Secretary to review any rule 

3 promulgated by, or to any permit issued or denied by such 

4 Secretary if such rule or permit issuance or denial is judi5 cially reviewable under section 505 or under any other pro6 vision of law at any time after such promulgation, issuance, 

7 or denial is final. 

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

9 section shall be determined in accordance with section 1391 

10 of title 28, United States Code. 

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

12 any action brought pursuant to this section may award 

13 costs of litigation (including attorney and expert witness 

14 fees) to any party whenever the court determines such 

15 award is appropriate. The court may, if a temporary re16 straining order or preliminary injunction is sought, require 

17 the filing of a bond or equivalent security in accordance 

18 with the Federal Rules of Civil Procedure. 

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

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

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

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

23 law to bring an action to seek any relief against the Sec24 retary or the Secretary of Agriculture or against any other 

25 person, including any action for any violation of this Act 


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1 or of any regulation or permit issued under this Act or for 

2 any failure to act as required by law. Nothing in this sec3 tion shall affect the jurisdiction of any court under any pro4 vision of title 28, United States Code, including any action 

5 for any violation of this Act or of any regulation or permit 

6 issued under this Act or for any failure to act as required 

7 by law. 

8 SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW. 

9 (a) REVIEW BY SECRETARY.—(1)(A) Any person 

10 issued a notice of violation or cessation order under section 

11 506, or any person having an interest which is or may be 

12 adversely affected by such notice or order, may apply to 

13 the Secretary, or for National Forest System lands the Sec14 retary of Agriculture, for review of the notice or order with15 in 30 days after receipt thereof, or as the case may be, with16 in 30 days after such notice or order is modified, vacated, 

17 or terminated. 

18 (B) Any person who is subject to a penalty assessed 

19 under section 506 may apply to the Secretary concerned 

20 for review of the assessment within 45 days of notification 

21 of such penalty. 

22 (C) Any person may apply to such Secretary for re23 view of the decision within 30 days after it is made. 


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1 (D) Pending a review by the Secretary or resolution 

2 of an administrative appeal, final decisions (except enforce3 ment actions under section 506) shall be stayed. 

4 (2) The Secretary concerned shall provide an oppor5 tunity for a public hearing at the request of any party to 

6 the proceeding as specified in paragraph (1). The filing of 

7 an application for review under this subsection shall not 

8 operate as a stay of any order or notice issued under section 

9 506. 

10 (3) For any review proceeding under this subsection, 

11 the Secretary concerned shall make findings of fact and 

12 shall issue a written decision incorporating therein an 

13 order vacating, affirming, modifying, or terminating the 

14 notice, order, or decision, or with respect to an assessment, 

15 the amount of penalty that is warranted. Where the appli16 cation for review concerns a cessation order issued under 

17 section 506 the Secretary concerned shall issue the written 

18 decision within 30 days of the receipt of the application 

19 for review or within 30 days after the conclusion of any 

20 hearing referred to in paragraph (2), whichever is later, 

21 unless temporary relief has been granted by the Secretary 

22 concerned under paragraph (4). 

23 (4) Pending completion of any review proceedings 

24 under this subsection, the applicant may file with the Sec25 retary, or for National Forest System lands the Secretary 


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1 of Agriculture, a written request that the Secretary grant 

2 temporary relief from any order issued under section 506 

3 together with a detailed statement giving reasons for such 

4 relief. The Secretary concerned shall expeditiously issue an 

5 order or decision granting or denying such relief. The Sec6 retary concerned may grant such relief under such condi7 tions as he or she may prescribe only if such relief shall 

8 not adversely affect the health or safety of the public or 

9 cause imminent environmental harm to land, air, or water 

10 resources. 

11 (5) The availability of review under this subsection 

12 shall not be construed to limit the operation of rights under 

13 section 504 (relating to citizen suits). 

14 (b) JUDICIAL REVIEW.—(1) Any final action by the 

15 Secretaries of the Interior and Agriculture in promulgating 

16 regulations to implement this Act, or any other final ac17 tions constituting rulemaking to implement this Act, shall 

18 be subject to judicial review only in the United States Court 

19 of Appeals for the District of Columbia. Any action subject 

20 to judicial review under this subsection shall be affirmed 

21 unless the court concludes that such action is arbitrary, ca22 pricious, or otherwise inconsistent with law. A petition for 

23 review of any action subject to judicial review under this 

24 subsection shall be filed within 60 days from the date of 

25 such action, or after such date if the petition is based solely 


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1 on grounds arising after the 60th day. Any such petition 

2 may be made by any person who commented or otherwise 

3 participated in the rulemaking or any person who may be 

4 adversely affected by the action of the Secretaries. 

5 (2) Final agency action under this subsection, includ6 ing such final action on those matters described under sub7 section (a), shall be subject to judicial review in accordance 

8 with paragraph (4) and pursuant to section 1391 of title 

9 28, United States Code, on or before 60 days from the date 

10 of such final action. Any action subject to judicial review 

11 under this subsection shall be affirmed unless the court con12 cludes that such action is arbitrary, capricious, or otherwise 

13 inconsistent with law. 

14 (3) The availability of judicial review established in 

15 this subsection shall not be construed to limit the operations 

16 of rights under section 504 (relating to citizens suits). 

17 (4) The court shall hear any petition or complaint 

18 filed under this subsection solely on the record made before 

19 the Secretary or Secretaries concerned. The court may af20 firm or vacate any order or decision or may remand the 

21 proceedings to the Secretary or Secretaries for such further 

22 action as it may direct. 

23 (5) The commencement of a proceeding under this sec24 tion shall not, unless specifically ordered by the court, operVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 ate as a stay of the action, order, or decision of the Sec2 retary or Secretaries concerned. 

3 (c) COSTS.—Whenever a proceeding occurs under sub4 section (a) or (b), at the request of any person, a sum equal 

5 to the aggregate amount of all costs and expenses (including 

6 attorney fees) as determined by the Secretary or Secretaries 

7 concerned or the court to have been reasonably incurred by 

8 such person for or in connection with participation in such 

9 proceedings, including any judicial review of the pro10 ceeding, may be assessed against either party as the court, 

11 in the case of judicial review, or the Secretary or Secretaries 

12 concerned in the case of administrative proceedings, deems 

13 proper if it is determined that such party prevailed in 

14 whole or in part, achieving some success on the merits, and 

15 that such party made a substantial contribution to a full 

16 and fair determination of the issues. 

17 SEC. 506. ENFORCEMENT. 

18 (a) ORDERS.—(1) If the Secretary, or for National 

19 Forest System lands the Secretary of Agriculture, or an au20 thorized representative of such Secretary, determines that 

21 any person is in violation of any environmental protection 

22 requirement under title III or any regulation issued by the 

23 Secretaries to implement this Act, such Secretary or author24 ized representative shall issue to such person a notice of 

25 violation describing the violation and the corrective measVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 ures to be taken. The Secretary concerned, or the authorized 

2 representative of such Secretary, shall provide such person 

3 with a period of time not to exceed 30 days to abate the 

4 violation. Such period of time may be extended by the Sec5 retary concerned upon a showing of good cause by such per6 son. If, upon the expiration of time provided for such abate7 ment, the Secretary concerned, or the authorized representa8 tive of such Secretary, finds that the violation has not been 

9 abated he or she shall immediately order a cessation of all 

10 mineral activities or the portion thereof relevant to the vio11 lation. 

12 (2) If the Secretary concerned, or the authorized rep13 resentative of the Secretary concerned, determines that any 

14 condition or practice exists, or that any person is in viola15 tion of any requirement under a permit approved under 

16 this Act, and such condition, practice or violation is caus17 ing, or can reasonably be expected to cause— 

18 (A) an imminent danger to the health or safety 

19 of the public; or 

20 (B) significant, imminent environmental harm 

21 to land, air, water, or fish or wildlife resources; 

22 such Secretary or authorized representative shall imme23 diately order a cessation of mineral activities or the portion 

24 thereof relevant to the condition, practice, or violation. 


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1 (3)(A) A cessation order pursuant to paragraphs (1) 

2 or (2) shall remain in effect until such Secretary, or author3 ized representative, determines that the condition, practice, 

4 or violation has been abated, or until modified, vacated or 

5 terminated by the Secretary or authorized representative. 

6 In any such order, the Secretary or authorized representa7 tive shall determine the steps necessary to abate the viola8 tion in the most expeditious manner possible and shall in9 clude the necessary measures in the order. The Secretary 

10 concerned shall require appropriate financial assurances to 

11 ensure that the abatement obligations are met. 

12 (B) Any notice or order issued pursuant to paragraphs 

13 (1) or (2) may be modified, vacated, or terminated by the 

14 Secretary concerned or an authorized representative of such 

15 Secretary. Any person to whom any such notice or order 

16 is issued shall be entitled to a hearing on the record. 

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

18 to in paragraph (3)(A) the required abatement has not oc19 curred, the Secretary concerned shall take such alternative 

20 enforcement action against the claim holder or operator (or 

21 any person who controls the claim holder or operator) as 

22 will most likely bring about abatement in the most expedi23 tious manner possible. Such alternative enforcement action 

24 may include, but is not necessarily limited to, seeking ap25 propriate injunctive relief to bring about abatement. NothVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 ing in this paragraph shall preclude the Secretary, or for 

2 National Forest System lands the Secretary of Agriculture, 

3 from taking alternative enforcement action prior to the ex4 piration of 30 days. 

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

6 controls the claim holder or operator) fails to abate a viola7 tion or defaults on the terms of the permit, the Secretary, 

8 or for National Forest System lands the Secretary of Agri9 culture, shall forfeit the financial assurance for the plan 

10 as necessary to ensure abatement and reclamation under 

11 this Act. The Secretary concerned may prescribe conditions 

12 under which a surety may perform reclamation in accord13 ance with the approved plan in lieu of forfeiture. 

14 (6) The Secretary, or for National Forest System lands 

15 the Secretary of Agriculture, shall not cause forfeiture of 

16 the financial assurance while administrative or judicial re17 view is pending. 

18 (7) In the event of forfeiture, the claim holder, oper19 ator, or any affiliate thereof, as appropriate as determined 

20 by the Secretary by rule, shall be jointly and severally liable 

21 for any remaining reclamation obligations under this Act. 

22 (b) COMPLIANCE.—The Secretary, or for National For23 est System lands the Secretary of Agriculture, may request 

24 the Attorney General to institute a civil action for relief, 

25 including a permanent or temporary injunction or reVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 straining order, or any other appropriate enforcement 

2 order, including the imposition of civil penalties, in the dis3 trict court of the United States for the district in which 

4 the mineral activities are located whenever a person— 

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

6 order issued by the Secretary concerned under sub7 section (a); or 

8 (2) interferes with, hinders, or delays the Sec9 retary concerned in carrying out an inspection under 

10 section 503. 

11 Such court shall have jurisdiction to provide such relief as 

12 may be appropriate. Any relief granted by the court to en13 force an order under paragraph (1) shall continue in effect 

14 until the completion or final termination of all proceedings 

15 for review of such order unless the district court granting 

16 such relief sets it aside. 

17 (c) DELEGATION.—Notwithstanding any other provi18 sion of law, the Secretary may utilize personnel of the Office 

19 of Surface Mining Reclamation and Enforcement to ensure 

20 compliance with the requirements of this Act. 

21 (d) PENALTIES.—(1) Any person who fails to comply 

22 with any requirement of a permit approved under this Act 

23 or any regulation issued by the Secretaries to implement 

24 this Act shall be liable for a penalty of not more than 


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1 $25,000 per violation. Each day of violation may be deemed 

2 a separate violation for purposes of penalty assessments. 

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

4 a cessation order has been issued under subsection (a) with5 in the period permitted for its correction shall be assessed 

6 a civil penalty of not less than $1,000 per violation for each 

7 day during which such failure continues. 

8 (3) Whenever a corporation is in violation of a re9 quirement of a permit approved under this Act or any regu10 lation issued by the Secretaries to implement this Act or 

11 fails or refuses to comply with an order issued under sub12 section (a), any director, officer, or agent of such corpora13 tion who knowingly authorized, ordered, or carried out such 

14 violation, failure, or refusal shall be subject to the same pen15 alties as may be imposed upon the person referred to in 

16 paragraph (1). 

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

18 or for National Forest System lands the Secretary of Agri19 culture, shall suspend or revoke a permit issued under title 

20 III, in whole or in part, if the operator— 

21 (1) knowingly made or knowingly makes any 

22 false, inaccurate, or misleading material statement in 

23 any mining claim, notice of location, application, 

24 record, report, plan, or other document filed or re25 quired to be maintained under this Act; 


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1 (2) fails to abate a violation covered by a ces2 sation order issued under subsection (a); 

3 (3) fails to comply with an order of the Sec4 retary concerned; 

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

6 Act; 

7 (5) fails to maintain an adequate financial as8 surance under section 306; 

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

10 moneys due and owing under this Act; or 

11 (7) with regard to plans conditionally approved 

12 under section 305(c)(2), fails to abate a violation to 

13 the satisfaction of the Secretary concerned, or if the 

14 validity of the violation is upheld on the appeal 

15 which formed the basis for the conditional approval. 

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

17 who knowingly— 

18 (1) makes any false material statement, rep19 resentation, or certification in, or omits or conceals 

20 material information from, or unlawfully alters, any 

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

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

23 be maintained under this Act; or 


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1 (2) falsifies, tampers with, renders inaccurate, or 

2 fails to install any monitoring device or method re3 quired to be maintained under this Act, 

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

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

6 years, or by both. If a conviction of a person is for a viola7 tion committed after a first conviction of such person under 

8 this subsection, punishment shall be by a fine of not more 

9 than $20,000 per day of violation, or by imprisonment of 

10 not more than 4 years, or both. Each day of continuing 

11 violation may be deemed a separate violation for purposes 

12 of penalty assessments. 

13 (g) KNOWING VIOLATIONS.—Any person who know14 ingly— 

15 (1) engages in mineral activities without a per16 mit required under title III, or 

17 (2) violates any other requirement of a permit 

18 issued under this Act, or any condition or limitation 

19 thereof, 

20 shall upon conviction be punished by a fine of not less than 

21 $5,000 nor more than $50,000 per day of violation, or by 

22 imprisonment for not more than 3 years, or both. If a con23 viction of a person is for a violation committed after the 

24 first conviction of such person under this subsection, pun25 ishment shall be a fine of not less than $10,000 per day 


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1 of violation, or by imprisonment of not more than 6 years, 

2 or both. 

3 (h) KNOWING AND WILLFUL VIOLATIONS.—Any person 

4 who knowingly and willfully commits an act for which a 

5 civil penalty is provided in paragraph (1) of subsection (g) 

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

7 than $50,000, or by imprisonment for not more than 2 

8 years, or both. 

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

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

11 a person. 

12 SEC. 507. REGULATIONS. 

13 The Secretary and the Secretary of Agriculture shall 

14 issue such regulations as are necessary to implement this 

15 Act. The regulations implementing title II, title III, title 

16 IV, and title V that affect the Forest Service shall be joint 

17 regulations issued by both Secretaries, and shall be issued 

18 no later than 180 days after the date of enactment of this 

19 Act. 

20 SEC. 508. EFFECTIVE DATE. 

21 This Act shall take effect on the date of enactment of 

22 this Act, except as otherwise provided in this Act. 


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1 Subtitle B—Miscellaneous 

2 Provisions 

3 SEC. 511. OIL SHALE CLAIMS SUBJECT TO SPECIAL RULES. 

4 (a) APPLICATION OF SECTION 511.—Section 511 shall 

5 apply to oil shale claims referred to in section 2511(e)(2) 

6 of the Energy Policy Act of 1992 (Public Law 102–486). 

7 (b) AMENDMENT.—Section 2511(f) of the Energy Pol8 icy Act of 1992 (Public Law 102–486) is amended as fol9 lows: 

10 (1) By striking ‘‘as prescribed by the Secretary’’. 

11 (2) By inserting before the period the following: 

12 ‘‘in the same manner as if such claim was subject to 

13 title II and title III of the Hardrock Mining and Rec14 lamation Act of 2007’’. 

15 SEC. 512. PURCHASING POWER ADJUSTMENT. 

16 The Secretary shall adjust all location fees, claim 

17 maintenance rates, penalty amounts, and other dollar 

18 amounts established in this Act for changes in the pur19 chasing power of the dollar no less frequently than every 

20 5 years following the date of enactment of this Act, employ21 ing the Consumer Price Index for All-Urban Consumers 

22 published by the Department of Labor as the basis for ad23 justment, and rounding according to the adjustment process 

24 of conditions of the Federal Civil Penalties Inflation Adjust25 ment Act of 1990 (104 Stat. 890). 


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1 SEC. 513. SAVINGS CLAUSE. 

2 (a) SPECIAL APPLICATION OF MINING LAWS.—Noth3 ing in this Act shall be construed as repealing or modifying 

4 any Federal law, regulation, order, or land use plan, in 

5 effect prior to the date of enactment of this Act that pro6 hibits or restricts the application of the general mining 

7 laws, including laws that provide for special management 

8 criteria for operations under the general mining laws as 

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

10 extent such laws provide for protection of natural and cul11 tural resources and the environment greater than required 

12 under this Act, and any such prior law shall remain in 

13 force and effect with respect to claims located (or proposed 

14 to be located) or converted under this Act. Nothing in this 

15 Act shall be construed as applying to or limiting mineral 

16 investigations, studies, or other mineral activities conducted 

17 by any Federal or State agency acting in its governmental 

18 capacity pursuant to other authority. Nothing in this Act 

19 shall affect or limit any assessment, investigation, evalua20 tion, or listing pursuant to the Comprehensive Environ21 mental Response, Compensation, and Liability Act of 1980 

22 (42 U.S.C. 9601 and following), or the Solid Waste Disposal 

23 Act (42 U.S.C. 3251 and following). 

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

26 except for those parts of the general mining laws respecting 


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1 location of mining claims that are not expressly modified 

2 by this Act. Except for the general mining laws, nothing 

3 in this Act shall be construed as superseding, modifying, 

4 amending, or repealing any provision of Federal law not 

5 expressly superseded, modified, amended, or repealed by this 

6 Act. Nothing in this Act shall be construed as altering, af7 fecting, amending, modifying, or changing, directly or indi8 rectly, any law which refers to and provides authorities or 

9 responsibilities for, or is administered by, the Environ10 mental Protection Agency or the Administrator of the Envi11 ronmental Protection Agency, including the Federal Water 

12 Pollution Control Act, title XIV of the Public Health Service 

13 Act (the Safe Drinking Water Act), the Clean Air Act, the 

14 Pollution Prevention Act of 1990, the Toxic Substances 

15 Control Act, the Federal Insecticide, Fungicide, and 

16 Rodenticide Act, the Federal Food, Drug, and Cosmetic Act, 

17 the Motor Vehicle Information and Cost Savings Act, the 

18 Federal Hazardous Substances Act, the Endangered Species 

19 Act of 1973, the Atomic Energy Act, the Noise Control Act 

20 of 1972, the Solid Waste Disposal Act, the Comprehensive 

21 Environmental Response, Compensation, and Liability Act 

22 of 1980, the Superfund Amendments and Reauthorization 

23 Act of 1986, the Ocean Dumping Act, the Environmental 

24 Research, Development, and Demonstration Authorization 

25 Act, the Pollution Prosecution Act of 1990, and the Federal 


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1 Facilities Compliance Act of 1992, or any statute con2 taining an amendment to any of such Acts. Nothing in this 

3 Act shall be construed as modifying or affecting any provi4 sion of the Native American Graves Protection and Repa5 triation Act (Public Law 101–601) or any provision of the 

6 American Indian Religious Freedom Act (42 U.S.C. 1996), 

7 the National Historic Preservation Act (16 U.S.C. 470 et 

8 seq.), and the Religious Freedom Restoration Act of 1993 

9 (42 U.S.C. 2000bb et seq.). 

10 (c) PROTECTION OF CONSERVATION AREAS.—In order 

11 to protect the resources and values of National Conservation 

12 System units, the Secretary, as appropriate, shall utilize 

13 authority under this Act and other applicable law to the 

14 fullest extent necessary to prevent mineral activities that 

15 could have an adverse impact on the resources or values 

16 for which such units were established. 

17 SEC. 514. AVAILABILITY OF PUBLIC RECORDS. 

18 Copies of records, reports, inspection materials, or in19 formation obtained by the Secretary or the Secretary of Ag20 riculture under this Act shall be made immediately avail21 able to the public, consistent with section 552 of title 5, 

22 United States Code, in central and sufficient locations in 

23 the county, multicounty, and State area of mineral activity 

24 or reclamation so that such items are conveniently available 


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1 to residents in the area proposed or approved for mineral 

2 activities and on the Internet. 

3 SEC. 515. MISCELLANEOUS POWERS. 

4 (a) IN GENERAL.—In carrying out his or her duties 

5 under this Act, the Secretary, or for National Forest System 

6 lands the Secretary of Agriculture, may conduct any inves7 tigation, inspection, or other inquiry necessary and appro8 priate and may conduct, after notice, any hearing or audit, 

9 necessary and appropriate to carrying out his or her duties. 

10 (b) ANCILLARY POWERS.—In connection with any 

11 hearing, inquiry, investigation, or audit under this Act, the 

12 Secretary, or for National Forest System lands the Sec13 retary of Agriculture, is authorized to take any of the fol14 lowing actions: 

15 (1) Require, by special or general order, any per16 son to submit in writing such affidavits and answers 

17 to questions as the Secretary concerned may reason18 ably prescribe, which submission shall be made within 

19 such reasonable period and under oath or otherwise, 

20 as may be necessary. 

21 (2) Administer oaths. 

22 (3) Require by subpoena the attendance and tes23 timony of witnesses and the production of all books, 

24 papers, records, documents, matter, and materials, as 

25 such Secretary may request. 


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1 (4) Order testimony to be taken by deposition be2 fore any person who is designated by such Secretary 

3 and who has the power to administer oaths, and to 

4 compel testimony and the production of evidence in 

5 the same manner as authorized under paragraph (3) 

6 of this subsection. 

7 (5) Pay witnesses the same fees and mileage as 

8 are paid in like circumstances in the courts of the 

9 United States. 

10 (c) ENFORCEMENT.—In cases of refusal to obey a sub11 poena served upon any person under this section, the dis12 trict court of the United States for any district in which 

13 such person is found, resides, or transacts business, upon 

14 application by the Attorney General at the request of the 

15 Secretary concerned and after notice to such person, shall 

16 have jurisdiction to issue an order requiring such person 

17 to appear and produce documents before the Secretary con18 cerned. Any failure to obey such order of the court may 

19 be punished by such court as contempt thereof and subject 

20 to a penalty of up to $10,000 a day. 

21 (d) ENTRY AND ACCESS.—Without advance notice and 

22 upon presentation of appropriate credentials, the Secretary, 

23 or for National Forest System lands the Secretary of Agri24 culture, or any authorized representative thereof— 


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1 (1) shall have the right of entry to, upon, or 

2 through the site of any claim, mineral activities, or 

3 any premises in which any records required to be 

4 maintained under this Act are located; 

5 (2) may at reasonable times, and without delay, 

6 have access to records, inspect any monitoring equip7 ment, or review any method of operation required 

8 under this Act; 

9 (3) may engage in any work and do all things 

10 necessary or expedient to implement and administer 

11 the provisions of this Act; 

12 (4) may, on any mining claim located under the 

13 general mining laws and maintained in compliance 

14 with this Act, and without advance notice, stop and 

15 inspect any motorized form of transportation that 

16 such Secretary has probable cause to believe is car17 rying locatable minerals, concentrates, or products de18 rived therefrom from a claim site for the purpose of 

19 determining whether the operator of such vehicle has 

20 documentation related to such locatable minerals, con21 centrates, or products derived therefrom as required 

22 by law, if such documentation is required under this 

23 Act; and 

24 (5) may, if accompanied by any appropriate law 

25 enforcement officer, or an appropriate law enforceVerDate Aug 31 2005 22:58 Oct 29, 2007 Jkt 069200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6203 E:\BILLS\H2262.RH H2262

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1 ment officer alone, stop and inspect any motorized 

2 form of transportation which is not on a claim site 

3 if he or she has probable cause to believe such vehicle 

4 is carrying locatable minerals, concentrates, or prod5 ucts derived therefrom from a claim site on Federal 

6 lands or allocated to such claim site. Such inspection 

7 shall be for the purpose of determining whether the 

8 operator of such vehicle has the documentation re9 quired by law, if such documentation is required 

10 under this Act. 

11 SEC. 516. MULTIPLE MINERAL DEVELOPMENT AND SUR12 FACE RESOURCES. 

13 The provisions of sections 4 and 6 of the Act of August 

14 13, 1954 (30 U.S.C. 524 and 526), commonly known as 

15 the Multiple Minerals Development Act, and the provisions 

16 of section 4 of the Act of July 23, 1955 (30 U.S.C. 612), 

17 shall apply to all mining claims located under the general 

18 mining laws and maintained in compliance with such laws 

19 and this Act. 

20 SEC. 517. MINERAL MATERIALS. 

21 (a) DETERMINATIONS.—Section 3 of the Act of July 

22 23, 1955 (30 U.S.C. 611), is amended as follows: 

23 (1) By inserting ‘‘(a)’’ before the first sentence. 


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1 (2) By inserting ‘‘mineral materials, including 

2 but not limited to’’ after ‘‘varieties of’’ in the first 

3 sentence. 

4 (3) By striking ‘‘or cinders’’ and inserting in 

5 lieu thereof ‘‘cinders, and clay’’. 

6 (4) By adding the following new subsection at 

7 the end thereof: 

8 ‘‘(b)(1) Subject to valid existing rights, after the date 

9 of enactment of the Hardrock Mining and Reclamation Act 

10 of 2007, notwithstanding the reference to common varieties 

11 in subsection (a) and to the exception to such term relating 

12 to a deposit of materials with some property giving it dis13 tinct and special value, all deposits of mineral materials 

14 referred to in such subsection, including the block pumice 

15 referred to in such subsection, shall be subject to disposal 

16 only under the terms and conditions of the Materials Act 

17 of 1947. 

18 ‘‘(2) For purposes of paragraph (1), the term ‘valid 

19 existing rights’ means that a mining claim located for any 

20 such mineral material— 

21 ‘‘(A) had and still has some property giving it 

22 the distinct and special value referred to in subsection 

23 (a), or as the case may be, met the definition of block 

24 pumice referred to in such subsection; 


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1 ‘‘(B) was properly located and maintained 

2 under the general mining laws prior to the date of en3 actment of the Hardrock Mining and Reclamation 

4 Act of 2007; 

5 ‘‘(C) was supported by a discovery of a valuable 

6 mineral deposit within the meaning of the general 

7 mining laws as in effect immediately prior to the 

8 date of enactment of the Hardrock Mining and Rec9 lamation Act of 2007; and 

10 ‘‘(D) that such claim continues to be valid under 

11 this Act.’’. 

12 (b) MINERAL MATERIALS DISPOSAL CLARIFICA13 TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C. 

14 612), is amended as follows: 

15 (1) In subsection (b) by inserting ‘‘and mineral 

16 material’’ after ‘‘vegetative’’. 

17 (2) In subsection (c) by inserting ‘‘and mineral 

18 material’’ after ‘‘vegetative’’. 

19 (c) CONFORMING AMENDMENT.—Section 1 of the Act 

20 of July 31, 1947, entitled ‘‘An Act to provide for the dis21 posal of materials on the public lands of the United States’’ 

22 (30 U.S.C. 601 and following) is amended by striking 

23 ‘‘common varieties of’’ in the first sentence. 

24 (d) SHORT TITLES.— 


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1 (1) SURFACE RESOURCES.—The Act of July 23, 

2 1955, is amended by inserting after section 7 the fol3 lowing new section: 

4 ‘‘SEC. 8. This Act may be cited as the ‘Surface Re5 sources Act of 1955’.’’. 

6 (2) MINERAL MATERIALS.—The Act of July 31, 

7 1947, entitled ‘‘An Act to provide for the disposal of 

8 materials on the public lands of the United States’’ 

9 (30 U.S.C. 601 and following) is amended by insert10 ing after section 4 the following new section: 

11 ‘‘SEC. 5. This Act may be cited as the ‘Materials Act 

12 of 1947’.’’. 

13 (e) REPEALS.—(1) Subject to valid existing rights, the 

14 Act of August 4, 1892 (27 Stat. 348, 30 U.S.C. 161), com15 monly known as the Building Stone Act, is hereby repealed. 

16 (2) Subject to valid existing rights, the Act of January 

17 31, 1901 (30 U.S.C. 162), commonly known as the Saline 

18 Placer Act, is hereby repealed. 


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Union Calendar No. 260 

110TH CONGRESS 

1ST SESSION H. R. 2262 

[Report No. 110

–412] 

A BILL 

To modify the requirements applicable to locatable 

and for other purposes. the principles of self-initiation of mining claims, minerals on public domain lands, consistent with 

OCTOBER 29, 2007 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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