I 

110TH CONGRESS 

1ST SESSION H. R. 2262 

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 

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. 


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TITLE I—MINERAL EXPLORATION AND DEVELOPMENT 

Sec. 101. Limitation on patents. 

Sec. 102. Royalty. 

TITLE II—PROTECTION OF SPECIAL PLACES 

Sec. 201. Lands open to location. 

TITLE III—ENVIRONMENTAL CONSIDERATIONS OF MINERAL 

EXPLORATION AND DEVELOPMENT 

Sec. 301. Environmental protection standards. 

Sec. 302. Permits. 

Sec. 303. Operations permit. 

Sec. 304. Persons ineligible for permits. 

Sec. 305. Financial assurance. 

Sec. 306. Operation and reclamation. 

Sec. 307. State law and regulation. 

TITLE IV—MINING MITIGATION 

Subtitle A—Abandoned Locatable Minerals Mine Reclamation Fund 

Sec. 401. Abandoned locatable minerals mine reclamation. 

Sec. 402. Use and objectives of the Fund. 

Sec. 403. Eligible lands and waters. 

Sec. 404. Fund expenditures. 

Sec. 405. Authorization of appropriations. 

Subtitle B—Locatable Minerals Community Impact Assistance 

Sec. 421. Locatable minerals community impact assistance. 

Sec. 422. Use and objectives of the Fund. 

Sec. 423. 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; effective dates. 

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. 


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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: 

5 (A) Any person who controls, is controlled 

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

8 (B) Any partner of such person. 

9 (C) Any person owning at least 10 percent 

10 of the voting shares of such person. 

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

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

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

16 processes as are employed to free the mineral from 

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

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

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

21 claim located under the general mining laws and 

22 maintained in compliance with such laws and this 

23 Act. Such term may include an agent of a claim 

24 holder. 

25 (5) The term ‘‘control’’ means having the abil26 ity, directly or indirectly, to determine (without reVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 gard to whether exercised through one or more cor2 porate structures) the manner in which an entity 

3 conducts mineral activities, through any means, in4 cluding without limitation, ownership interest, au5 thority to commit the entity’s real or financial as6 sets, position as a director, officer, or partner of the 

7 entity, or contractual arrangement. 

8 (6) The term ‘‘environmental protection re9 quirements’’ means the requirements and standards 

10 of title III, and such other standards as are estab11 lished by the Secretary governing mineral activities 

12 pursuant to this Act. 

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

15 mineral deposit and to establish its nature, position, 

16 size, shape, grade, and value not associated with 

17 mining, beneficiation, processing, or marketing of 

18 minerals. 

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

20 in trust for the benefit of an Indian tribe or indi21 vidual or held by an Indian tribe or individual sub22 ject to a restriction by the United States against 

23 alienation. 

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

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


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1 or community, including any Alaska Native village 

2 or regional corporation as defined in or established 

3 pursuant to the Alaska Native Claims Settlement 

4 Act (43 U.S.C. 1601 and following), that is recog5 nized as eligible for the special programs and serv6 ices provided by the United States to Indians be7 cause of their status as Indians. 

8 (10)(A) The term ‘‘locatable mineral’’ means 

9 any mineral, the legal and beneficial title to which 

10 remains in the United States and that is not subject 

11 to disposition under any of the following: 

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

13 181 and following). 

14 (ii) The Geothermal Steam Act of 1970 

15 (30 U.S.C. 1001 and following). 

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

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

18 601 and following). 

19 (iv) The Mineral Leasing for Acquired 

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

21 (B) The term ‘‘locatable mineral’’ does not in22 clude any mineral held in trust by the United States 

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

24 2 of the Indian Mineral Development Act of 1982 

25 (25 U.S.C. 2101), or any mineral owned by any InVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 dian or Indian tribe, as defined in that section, that 

2 is subject to a restriction against alienation imposed 

3 by the United States. 

4 (11) The term ‘‘millsite claim’’ means a claim 

5 to public land that— 

6 (A) does not exceed 5 acres for each 20 

7 acres of mining claim for a vein or lode or plac8 er claim deposit with which it is associated; 

9 (B) is nonmineral and noncontiguous to 

10 such vein or lode or placer claim deposit; and 

11 (C) is needed by a mining claim holder for 

12 mining, milling, processing, beneficiation, or 

13 other similar operations in connection with the 

14 mining claim. 

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

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

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

18 exploration, mining, beneficiation, processing, or rec19 lamation activities for any locatable mineral. 

20 (13) The term ‘‘National Conservation System 

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

22 National Wildlife Refuge System, National Wild and 

23 Scenic Rivers System, or National Trails System, or 

24 a National Conservation Area, a National Recreation 


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

3 (14) The term ‘‘operator’’ means any person, 

4 conducting mineral activities subject to this Act or 

5 any agent of such a person. 

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

7 Indian tribe, partnership, association, society, joint 

8 venture, joint stock company, firm, company, cor9 poration, cooperative, or other organization and any 

10 instrumentality of State or local government includ11 ing any publicly owned utility or publicly owned cor12 poration of State or local government. 

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

14 downstream of beneficiation employed to prepare 

15 locatable mineral ore into the final marketable prod16 uct, including but not limited to smelting and elec17 trolytic refining. 

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

19 of the Interior, unless otherwise specified. 

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

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

23 (b) TITLE II.— 

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

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


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1 claim or millsite claim located on lands described in 

2 section 201(b), that— 

3 (A) was properly located and maintained 

4 under this Act prior to and on the applicable 

5 date; or 

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

7 under the general mining laws prior to the ap8 plicable date; 

9 (ii) was supported by a discovery of a valu10 able mineral deposit within the meaning of the 

11 general mining laws on the applicable date, or 

12 satisfied the limitations under existing law for 

13 millsite claims; and 

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

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

16 (1), the term ‘‘applicable date’’ means one of the fol17 lowing: 

18 (A) For lands described in paragraph (1) 

19 of section 201(b), the date of the recommenda20 tion referred to in paragraph (1) of that section 

21 if such recommendation is made on or after the 

22 date of the enactment of this Act. 

23 (B) For lands described in paragraph (1) 

24 of section 201(b), if the recommendation re25 ferred to in paragraph (1) of that section is 


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1 made before the date of the enactment of this 

2 Act, the earlier of— 

3 (i) the date of the enactment of this 

4 Act; or 

5 (ii) the date of any withdrawal of such 

6 lands from mineral activities. 

7 (C) For lands described in paragraph 

8 (3)(B) of section 201(b), the date of the enact9 ment of this Act. 

10 (D) For lands described in paragraph 

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

12 the enactment of the amendment to the Wild 

13 and Scenic Rivers Act (16 U.S.C. 1271 and fol14 lowing) listing the river segment for study. 

15 (E) For lands described in paragraph 

16 (3)(B) of section 201(b), the date of the deter17 mination of eligibility of such lands for inclu18 sion in the Wild and Scenic River System. 

19 (F) For lands described in paragraph (4) 

20 of section 201(b), the date of the withdrawal 

21 under other law. 

22 (c) REFERENCES TO OTHER LAWS.—(1) Any ref23 erence in this Act to the term general mining laws is a 

24 reference to those Acts that generally comprise chapters 


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1 2, 12A, and 16, and sections 161 and 162, of title 30, 

2 United States Code. 

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

4 1955, is a reference to the Act entitled ‘‘An Act to amend 

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

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

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

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

9 SEC. 3. APPLICATION RULES. 

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

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

12 the general mining laws, prior to, on, or after the date 

13 of enactment of this Act, except as provided in subsection 

14 (b). 

15 (b) PREEXISTING CLAIMS.—(1) Any unpatented min16 ing claim or millsite located under the general mining laws 

17 before the date of enactment of this Act for which a plan 

18 of operation has not been approved or a notice filed prior 

19 to the date of enactment shall, upon the effective date of 

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

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

22 (2)(A) If a plan of operations had been approved for 

23 mineral activities on any claim or site referred to in para24 graph (1) prior to the date of enactment of this Act, for 

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1 eral activities at such claim or site shall be subject to such 

2 plan of operations (or a modification or amendment there3 to prepared in accordance with the provisions of law appli4 cable prior to the enactment of this Act). During such 5- 

5 year period, modifications of, or amendments to, any such 

6 plan may be made in accordance with the provisions of 

7 law applicable prior to the enactment of this Act if such 

8 modifications or amendments are deemed minor by the 

9 Secretary concerned. After such 5-year period the require10 ments of title III shall apply, subject to the limitations 

11 of section 308. In order to meet the requirements of title 

12 III, the person conducting mineral activities under such 

13 plan of operations (or modified or amended plan) shall 

14 apply for a modification under section 303(f) no later than 

15 3 years after the date of enactment of this Act. For pur16 poses of this paragraph, any modification or amendment 

17 that extends the area covered by the plan (except for inci18 dental boundary revisions) or that increases the risk of 

19 undue degradation of the environment shall not be subject 

20 to this paragraph and shall be subject to other provisions 

21 of this Act. 

22 (B) During the 5-year period referred to in subpara23 graph (A), the provisions of section 305 (relating to finan24 cial assurance), section 503 (relating to inspection and 

25 monitoring), and section 506 (relating to enforcement) 


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1 shall apply on the basis of the surface management re2 quirements applicable to such plans of operations prior to 

3 the effective date of this Act. 

4 (C) Where an application for modification or amend5 ment of a plan of operations referred to in subparagraph 

6 (A) has been timely submitted and an approved plan ex7 pires prior to Secretarial action on the application, mineral 

8 activities and reclamation may continue in accordance 

9 with the terms of the expired plan until the Secretary 

10 makes an administrative decision on the application. 

11 (c) APPLICATION OF ACT TO BENEFICIATION AND

12 PROCESSING OF NON-FEDERAL MINERALS ON FEDERAL

13 LANDS.—The provisions of this Act (including the envi14 ronmental protection requirements of title III) shall apply 

15 in the same manner and to the same extent to mining 

16 claims, millsite claims, and tunnel site claims used for 

17 beneficiation or processing activities for any mineral with18 out regard to whether or not the legal and beneficial title 

19 to the mineral is held by the United States. This sub20 section applies only to minerals that are locatable minerals 

21 or minerals that would be locatable minerals if the legal 

22 and beneficial title to such minerals were held by the 

23 United States. 


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1 TITLE I—MINERAL EXPLO2 RATION AND DEVELOPMENT 

3 SEC. 101. LIMITATION ON PATENTS. 

4 (a) MINING CLAIMS.— 

5 (1) DETERMINATIONS REQUIRED.—After the 

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

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

10 (A) a patent application was filed with the 

11 Secretary on or before September 30, 1994; 

12 and 

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

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

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

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

18 37) for placer claims were fully complied with 

19 by that date, including the parameters set forth 

20 in section 2(a)(10) of this Act. 

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

22 the determinations referred to in subparagraphs (A) 

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

24 holder of the claim shall be entitled to the issuance 

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


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1 such claim holder would have been entitled to prior 

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

3 determinations are withdrawn or invalidated by the 

4 Secretary or by a court of the United States. 

5 (b) MILLSITE CLAIMS.— 

6 (1) DETERMINATIONS REQUIRED.—After the 

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

8 issued by the United States for any millsite claim lo9 cated under the general mining laws unless the Sec10 retary determines that for the millsite concerned— 

11 (A) a patent application for such land was 

12 filed with the Secretary on or before September 

13 30, 1994; and 

14 (B) all requirements applicable to such 

15 patent application were fully complied with by 

16 that date. 

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

18 the determinations referred to in subparagraphs (A) 

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

20 holder of the claim shall be entitled to the issuance 

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

22 such claim holder would have been entitled to prior 

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

24 determinations are withdrawn or invalidated by the 

25 Secretary or by a court of the United States. 


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1 SEC. 102. ROYALTY. 

2 (a) RESERVATION OF ROYALTY.— 

3 (1) IN GENERAL.—Production of all locatable 

4 minerals from any mining claim located under the 

5 general mining laws and maintained in compliance 

6 with this Act, or mineral concentrates or products 

7 derived from locatable minerals from any such min8 ing claim, as the case may be, shall be subject to a 

9 royalty of 8 percent of the net smelter return from 

10 such production. The claim holder and any operator 

11 to whom the claim holder has assigned the obligation 

12 to make royalty payments under the claim and any 

13 person who controls such claim holder or operator 

14 shall be jointly and severally liable for payment of 

15 such royalties. 

16 (2) DEPOSIT.—Of the amounts received by the 

17 United States as royalties under this subsection— 

(A) 2 18 ⁄3 shall be deposited into the account 

19 established under section 401; and 

(B) 1 20 ⁄3 shall be deposited into the account 

21 established under section 421. 

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 


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1 to the United States at such times and in such man2 ner 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 liable to the 

11 Secretary for making proper payments for all amounts due 

12 for all time periods for which such person has a payment 

13 responsibility. Such liability for the period referred to in 

14 the preceding 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 operations permit designed to protect 

23 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 

5 production begins anywhere on a mining claim, or 

6 production resumes after more than 90 days after 

7 production was suspended, notify the Secretary, in 

8 the manner prescribed by the Secretary, of the date 

9 on 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 

23 Act, through the point of royalty computation shall estab24 lish and maintain any records, make any reports, and pro25 vide any information that the Secretary may reasonably 


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1 require for the purposes of implementing this section or 

2 determining compliance with rules or orders under this 

3 section. Such records shall include, but not be limited to, 

4 periodic reports, records, documents, and other data. Such 

5 reports may also include, but not be limited to, pertinent 

6 technical and financial data relating to the quantity, qual7 ity, composition volume, weight, and assay of all minerals 

8 extracted from the mining claim. Upon the request of any 

9 officer or employee duly designated by the Secretary or 

10 any State conducting an audit or investigation pursuant 

11 to this section, the appropriate records, reports, or infor12 mation that may be required by this section shall be made 

13 available for inspection and duplication by such officer or 

14 employee or State. Failure by a claim holder, operator, 

15 or other person referred to in the first sentence to cooper16 ate with such an audit, provide data required by the Sec17 retary, or grant access to information may, at the discre18 tion of the Secretary, result in involuntary forfeiture of 

19 the claim. 

20 (2) Records required by the Secretary under this sec21 tion shall be maintained for 10 years after release of fi22 nancial assurance under section 305 unless the Secretary 

23 notifies the operator that the Secretary has initiated an 

24 audit or investigation involving such records and that such 

25 records must be maintained for a longer period. In any 


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1 case when an audit or investigation is underway, records 

2 shall be maintained until the Secretary releases the oper3 ator of the obligation to maintain such records. 

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

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

6 purchasers, processors, or other persons directly or indi7 rectly involved in the production or sales of minerals cov8 ered by this Act, as the Secretary deems necessary for the 

9 purposes of ensuring compliance with the requirements of 

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

11 Secretary shall, at reasonable times and upon request, 

12 have access to, and may copy, all books, papers and other 

13 documents that relate to compliance with any provision 

14 of this section by any person. 

15 (e) COOPERATIVE AGREEMENTS.—(1) The Secretary 

16 is authorized to enter into cooperative agreements with the 

17 Secretary of Agriculture to share information concerning 

18 the royalty management of locatable minerals, con19 centrates, or products derived therefrom, to carry out in20 spection, auditing, investigation, or enforcement (not in21 cluding the collection of royalties, civil or criminal pen22 alties, or other payments) activities under this section in 

23 cooperation with the Secretary, and to carry out any other 

24 activity described in this section. 


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

2 subsection (relating to trade secrets), and pursuant to a 

3 cooperative agreement, the Secretary of Agriculture shall, 

4 upon request, have access to all royalty accounting infor5 mation in the possession of the Secretary respecting the 

6 production, removal, or sale of locatable minerals, con7 centrates, or products derived therefrom from claims on 

8 lands open to location under this Act. 

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

10 information protected from disclosure under section 552 

11 of title 5, United States Code, popularly known as the 

12 Freedom of Information Act, shall be made available by 

13 the Secretary to other Federal agencies as necessary to 

14 assure compliance with this Act and other Federal laws. 

15 The Secretary, the Secretary of Agriculture, the Adminis16 trator of the Environmental Protection Agency, and other 

17 Federal officials shall ensure that such information is pro18 vided protection in accordance with the requirements of 

19 that section. 

20 (f) INTEREST AND SUBSTANTIAL UNDERREPORTING

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

22 royalty payments are not received by the Secretary on the 

23 date that such payments are due, the Secretary shall 

24 charge interest on such underpayments at the same inter25 est rate as the rate applicable under section 6621(a)(2) 


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1 of the Internal Revenue Code of 1986. In the case of an 

2 underpayment, interest shall be computed and charged 

3 only on the amount of the deficiency and not on the total 

4 amount. 

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

6 production from a claim for any production month by any 

7 person liable for royalty payments under this section, the 

8 Secretary shall assess a penalty of not greater than 25 

9 percent of the amount of that underreporting. 

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

11 ‘‘underreporting’’ means the difference between the roy12 alty on the value of the production that should have been 

13 reported and the royalty on the value of the production 

14 which was reported, if the value that should have been 

15 reported is greater than the value that was reported. An 

16 underreporting constitutes a ‘‘substantial underreporting’’ 

17 if such difference exceeds 10 percent of the royalty on the 

18 value of production that should have been reported. 

19 (4) The Secretary may waive or reduce the assess20 ment provided in paragraph (2) of this subsection if the 

21 person liable for royalty payments under this section cor22 rects the underreporting before the date such person re23 ceives notice from the Secretary that an underreporting 

24 may have occurred, or before 90 days after the date of 

25 the enactment of this section, whichever is later. 


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1 (5) The Secretary shall waive any portion of an as2 sessment under paragraph (2) of this subsection attrib3 utable to that portion of the underreporting for which the 

4 person responsible for paying the royalty demonstrates 

5 that— 

6 (A) such person had written authorization from 

7 the Secretary to report royalty on the value of the 

8 production on basis on which it was reported, 

9 (B) such person had substantial authority for 

10 reporting royalty on the value of the production on 

11 the basis on which it was reported, 

12 (C) such person previously had notified the Sec13 retary, in such manner as the Secretary may by rule 

14 prescribe, of relevant reasons or facts affecting the 

15 royalty treatment of specific production which led to 

16 the underreporting, or 

17 (D) such person meets any other exception 

18 which the Secretary may, by rule, establish. 

19 (6) All penalties collected under this subsection shall 

20 be deposited in the Abandoned Locatable Minerals Mine 

21 Reclamation Fund established under title IV. 

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

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

24 acting through the Director of the Minerals Management 

25 Service. 


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1 (h) EXPANDED ROYALTY OBLIGATIONS.—Each per2 son liable for royalty payments under this section shall 

3 be jointly and severally liable for royalty on all locatable 

4 minerals, concentrates, or products derived therefrom lost 

5 or wasted from a mining claim located under the general 

6 mining laws and maintained in compliance with this Act 

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

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

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

10 (i) NET SMELTER RETURN DEFINED.—For the pur11 poses of this section, for any locatable mineral, the term 

12 ‘‘net smelter return’’ has the same meaning as the term 

13 ‘‘gross income’’ in section 613(c)(1) of the Internal Rev14 enue Code of 1986. 

15 (j) EFFECTIVE DATE.—The royalty under this sec16 tion shall take effect with respect to the production of 

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

18 royalty payments attributable to production during the 

19 first 12 calendar months after the enactment of this Act 

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

21 (k) FAILURE TO COMPLY WITH ROYALTY REQUIRE22 MENTS.—Any person who fails to comply with the require23 ments of this section or any regulation or order issued to 

24 implement this section shall be liable for a civil penalty 

25 under section 109 of the Federal Oil and Gas Royalty 


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

2 if the claim located under the general mining laws and 

3 maintained in compliance with this Act were a lease under 

4 that Act. 

5 TITLE II—PROTECTION OF 

6 SPECIAL PLACES 

7 SEC. 201. LANDS OPEN TO LOCATION. 

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

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

10 general mining laws on— 

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

12 location of mining claims under the general mining 

13 laws immediately before the enactment of this Act; 

14 or 

15 (2) such lands and interests as are opened to 

16 the location of mining claims on or after the date of 

17 enactment of this Act by reason of any administra18 tive action or statute. 

19 (b) LANDS NOT OPEN TO LOCATION.—Notwith20 standing any other provision of law and subject to valid 

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

22 the location of mining claims under the general mining 

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

24 (1) Lands recommended for wilderness designa25 tion by the agency managing the surface, pending a 


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1 final determination by the Congress of the status of 

2 such recommended lands, or otherwise being man3 aged as roadless areas under an applicable land use 

4 plan. 

5 (2) Lands being managed by the Secretary, act6 ing through Bureau of Land Management, as wil7 derness study areas or National Monuments on the 

8 date of enactment of this Act except where the loca9 tion of mining claims is specifically allowed to con10 tinue by the statute designating the study area, 

11 pending a final determination by the Congress of the 

12 status of such lands. 

13 (3) Lands that are— 

14 (A) in designated Wild and Scenic Rivers 

15 and under study for inclusion in the National 

16 Wild and Scenic River System pursuant to sec17 tion 5(a) of the Wild and Scenic Rivers Act (16 

18 U.S.C. 1276(a)), pending a final determination 

19 by the Congress of the status of such lands; 

20 (B) determined by a Federal agency under 

21 section 5(d) of such Act (16 U.S.C. 1276(d)) to 

22 be eligible for inclusion in such system, pending 

23 a final determination by the Congress of the 

24 status of such lands; or 


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1 (C) designated Wild and Scenic Rivers that 

2 have been withdrawn from mineral entry by ac3 tion of the Secretary of the Interior. 

4 (4) Lands withdrawn or segregated from min5 eral entry under authority of other law. 

6 (5) Lands designated as Areas of Critical Envi7 ronmental Concern. 

8 (6) Lands identified as ‘‘sacred sites’’ in ac9 cordance with Executive Order 13007. 

10 (7) Lands identified in the Roadless Area Con11 servation Rule of January 2001. 

12 TITLE III—ENVIRONMENTAL 

13 CONSIDERATIONS OF MIN14 ERAL EXPLORATION AND DE15 VELOPMENT 

16 SEC. 301. ENVIRONMENTAL PROTECTION STANDARDS. 

17 Notwithstanding section 302(b) of the Federal Land 

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

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

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

22 accordance with this title and applicable law, the Sec23 retary— 

24 (1) shall require that mineral activities on min25 ing claims, millsite claims, or tunnel site claims conVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 ducted by any person shall protect the environment, 

2 public health, and public safety from undue degrada3 tion; and 

4 (2) shall assure that mineral activities on min5 ing claims, millsite claims, or tunnel site claims are 

6 conducted in a manner that recognizes the value of 

7 such lands for other uses, including but not limited 

8 to recreation, wildlife habitat, and water supply. 

9 SEC. 302. PERMITS. 

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

11 mineral activities on lands on which mining claims may 

12 be located under section 201 that may cause a disturbance 

13 of surface resources, including but not limited to land, air, 

14 ground water and surface water, and fish and wildlife, un15 less— 

16 (1) the claim was properly located under the 

17 general mining laws and maintained in compliance 

18 with such laws and this Act; and 

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

20 this title authorizing such activities. 

21 (b) NEGLIGIBLE DISTURBANCE.—Notwithstanding 

22 subsection (a)(2), a permit under this title shall not be 

23 required for mineral activities that are a casual use of the 

24 public lands, including the collection of geochemical, rock, 


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1 soil, or mineral specimens using hand tools; and hand pan2 ning. Casual use does not include— 

3 (1) the use of mechanized earth moving equip4 ment, suction dredging, or explosives; 

5 (2) the use of motor vehicles in areas closed to 

6 off-road vehicles; and 

7 (3) the construction of roads, drill pads, or the 

8 use of toxic or hazardous materials. 

9 SEC. 303. OPERATIONS PERMIT. 

10 (a) OPERATIONS PERMIT.—Any claim holder that is 

11 in compliance with the general mining laws and section 

12 10101 of Public Law 103–66 (30 U.S.C. 28f) may apply 

13 to the Secretary, or for National Forest System lands, the 

14 Secretary of Agriculture, for an operations permit author15 izing the claim holder to carry out mineral activities on 

16 any mining claim, millsite claim, or tunnel site claim for 

17 any activity greater than casual use (as that term is used 

18 in section 302(b)). If the Secretary decides to issue such 

19 permit, the permit shall include such terms and conditions 

20 as prescribed by such Secretary to carry out this title. 

21 (b) PERMIT APPLICATION REQUIREMENTS.—An ap22 plication for an operations permit under this section shall 

23 be submitted in a manner satisfactory to the Secretary 

24 concerned and shall contain site characterization data, an 

25 operations plan, a reclamation plan, monitoring plans, 


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

2 such documentation as necessary to ensure compliance 

3 with applicable Federal and State environmental laws and 

4 regulations. If the proposed mineral activities will be car5 ried out in conjunction with mineral activities on adjacent 

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

7 of such operations may be required by the Secretary. At 

8 a minimum, each of the following shall be required for all 

9 applications: 

10 (1) An identification of the mining claims that 

11 will be subject to the plan of operations. 

12 (2) The name, mailing address, and social secu13 rity number or tax identification number, as applica14 ble, of each of the following: 

15 (A) The applicant for the permit and any 

16 agent of the applicant. 

17 (B) The operator (if different than the ap18 plicant) of the claim concerned. 

19 (C) Each claim holder (if different than 

20 the applicant) of the claim concerned. 

21 (D) Each affiliate and each officer or di22 rector of the applicant and of the operator. 

23 (3) A statement of whether the applicant or op24 erator, or any subsidiary, affiliate, or person con25 trolled by or under common control with the appliVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 cant or operator, is currently in violation of, or was, 

2 during the 5-year period preceding the date of appli3 cation, found to be in violation of any of the fol4 lowing and if so, a brief explanation of the facts in5 volved, including identification of the site and the 

6 nature of the violation: 

7 (A) Any provision of this Act or any regu8 lation under this Act. 

9 (B) Any applicable Federal or State toxic 

10 substance, solid waste, air, water quality, rec11 lamation, or fish and wildlife conservation law 

12 or regulation at any site where mining, 

13 beneficiation, or processing activities are occur14 ring or have occurred. 

15 (C) The Surface Mining Control and Rec16 lamation Act of 1977 (30 U.S.C. 1201 and fol17 lowing) or the Mineral Leasing Act (30 U.S.C. 

18 181 and following) or any regulation under 

19 those Acts at any site where mining operations 

20 have occurred or are occurring. 

21 (4) A statement of whether the applicant or op22 erator, and any subsidiary, affiliate, or person con23 trolled by or under common control with the appli24 cant or operator, has ever held a Federal or State 

25 mining permit that has been suspended or revoked 


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1 or has had a mining bond or similar security depos2 ited in lieu of bond forfeited and, if so, a brief expla3 nation of the facts involved. 

4 (5) A statement of any current or previous per5 mits or plans of operations issued under the Surface 

6 Mining Control and Reclamation Act of 1977 (30 

7 U.S.C. 1201 and following) or the Federal Land 

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

9 1701 and following). 

10 (6) A description of the type and method of 

11 mineral activities proposed, the engineering tech12 niques proposed to be used, and the equipment pro13 posed to be used. 

14 (7) The anticipated starting and termination 

15 dates of each phase of the mineral activities pro16 posed, including any planned temporary cessation of 

17 operations. 

18 (8) Accurate maps, to an appropriate scale, 

19 clearly showing the lands, watersheds, and surface 

20 waters, to be affected by the proposed mineral activi21 ties; surface and mineral ownership; facilities, in22 cluding roads and other man-made structures; pro23 posed disturbances; soils and vegetation; topography; 

24 and water supply intakes and surface water bodies. 


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1 (9) A description of the biological resources in 

2 or associated with the area subject to or potentially 

3 impacted by planned mineral activities, including 

4 vegetation, fish and wildlife, and riparian and wet5 land habitats. 

6 (10) A description of measures planned to ex7 clude fish and wildlife resources from the area sub8 ject to mineral activities by covering, containment, 

9 or fencing of open waters, beneficiation, and proc10 essing materials; or maintenance of all facilities in a 

11 condition that is not harmful to fish and wildlife. 

12 (11) A description of the quantity and quality 

13 of surface and ground water resources in or associ14 ated with the area subject to mineral activities, 

15 based on predisturbance monitoring sufficient to es16 tablish seasonal variations. 

17 (12) An analysis of the potential hydrologic 

18 consequences of the mineral activities, both on and 

19 off the area subject to mineral activities, with re20 spect to the hydrologic regime, quantity and quality 

21 of water in surface and ground water systems in22 cluding the dissolved and suspended solids under 

23 seasonal flow conditions, and the collection of suffi24 cient data for the mine site and surrounding areas 

25 so that an assessment can be made by the Secretary 


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1 regarding the possible cumulative impacts of the an2 ticipated mineral activities in the area upon the hy3 drology of the area and particularly upon water 

4 availability and quality. To the extent that this anal5 ysis relies on hydrologic or other modeling, the mod6 els used shall be approved by the Secretary for ap7 plication at the site. Such a model may not be ap8 proved if it is considered proprietary and therefore 

9 unavailable for public review. In describing the po10 tential impacts of mineral activities, the applicant 

11 shall include information on the range of predicted 

12 impacts, the key factors in any sensitivity analyses 

13 undertaken, and the probabilities of various out14 comes, to the extent such information is available. 

15 (13) A description of the monitoring and re16 porting systems to be used to detect and determine 

17 whether compliance has and is occurring consistent 

18 with the environmental protection requirements and 

19 with predicted outcomes, including the type and lo20 cation of monitoring devices, sampling parameters 

21 and frequency, detection limits, analytical methods, 

22 reporting procedures, and procedures to respond to 

23 reporting results, that will monitor the effects of 

24 mineral activities on the site and surrounding envi25 ronment, including but not limited to, ground water, 


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1 surface water, wetlands, air, soils, and fish and wild2 life resources. 

3 (14) Accident contingency plans that include, 

4 but are not limited to, immediate response strategies 

5 and corrective measures to protect public safety and 

6 prevent adverse environmental impacts, and appro7 priate insurance to cover accident contingencies. 

8 (15) Any measures to comply with any condi9 tions on minerals activities that are required in the 

10 applicable land use plan. 

11 (16) Information determined necessary by the 

12 Secretary to assess the cumulative impacts of min13 eral activities, as required to comply with the Na14 tional Environmental Policy Act of 1969, if impacts 

15 of the proposed mineral activities are additions to 

16 the impacts associated with other mineral activities. 

17 (17) Such other environmental baseline data as 

18 the Secretaries, by joint regulation, shall require suf19 ficient to validate the determinations required for 

20 issuance of a permit under this Act. 

21 (18) Evidence of appropriate financial assur22 ance as specified in section 305. 

23 (19) A description of the site security provisions 

24 designed to protect from theft the locatable minVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 erals, concentrates, or products derived therefrom 

2 that will be produced or stored on a mining claim. 

3 (20) A full characterization of soils and geology 

4 in the area to be affected by mineral activities. 

5 (21) A copy of the applicant’s advertisement to 

6 be published as required by subsection (k). 

7 (c) OPERATION AND RECLAMATION PLANS APPLICA8 TION REQUIREMENTS.—The operation and reclamation 

9 plans referred to in subsection (b) shall include such rec10 lamation measures as prescribed by the Secretary, or for 

11 National Forest System lands the Secretary of Agri12 culture, and each of the following: 

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

14 including the fish and wildlife resources and habitat 

15 contained thereon, subject to the permit prior to the 

16 commencement of any mineral activities. 

17 (2) A discussion of the applicable land use plan 

18 and how the proposed reclamation activities will 

19 render the post-mining and reclamation condition of 

20 the land and resources consistent with that plan. 

21 (3) A description of operation and reclamation 

22 measures proposed pursuant to the requirements of 

23 section 306. 


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1 (4) The engineering techniques to be used in 

2 operation and reclamation and the equipment pro3 posed to be used. 

4 (5) The anticipated starting and termination 

5 dates of each phase of the reclamation proposed. 

6 (6) A description of the proposed condition of 

7 the land, including the fish and wildlife resources 

8 and habitat contained thereon, following the comple9 tion of reclamation. 

10 (7) A description of the maintenance measures 

11 that will be necessary to meet the environmental 

12 protection requirements of this Act, including but 

13 not limited to, drainage, water treatment facilities, 

14 or liner maintenance and control. This description 

15 shall include an estimate of the costs of operating 

16 and maintaining such facilities for the length of time 

17 such facilities will be required. 

18 (d) PERMIT ISSUANCE OR DENIAL.—(1) After pro19 viding notice and opportunity for public comment and 

20 hearing pursuant to subsection (k), the Secretary, or for 

21 National Forest System lands the Secretary of Agri22 culture, shall issue an operations permit if such Secretary 

23 makes each of the following determinations in writing, and 

24 shall deny a permit if such Secretary finds that the appliVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 cation and applicant do not fully meet the following re2 quirements: 

3 (A) The permit application, including the site 

4 characterization data, operations plan, and reclama5 tion plan, are complete and accurate and sufficient 

6 for developing a good understanding of the antici7 pated impacts of the mineral activities and the effec8 tiveness of proposed mitigation and control. 

9 (B) The applicant has demonstrated that the 

10 proposed reclamation in the operation and reclama11 tion plan can be and is likely to be accomplished by 

12 the applicant consistent with the goals of the envi13 ronmental protection standard under section 301. 

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

15 and wildlife resources and habitat contained thereon, 

16 after the completion of mineral activities and final 

17 reclamation, will conform to the land use plan appli18 cable to the area subject to mineral activities and 

19 are returned to a productive use. 

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

21 open to location for the types of mineral activities 

22 proposed. 

23 (E) The applicant has obtained the necessary 

24 Federal, State, and local permits to demonstrate 

25 that the mineral activities will be in compliance with 


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1 this Act and all other applicable Federal require2 ments, and any applicable State requirements agreed 

3 to by the appropriate Secretary pursuant to coopera4 tive agreements under section 307 and local land use 

5 and zoning requirements. 

6 (F) The assessment of the probable cumulative 

7 impact of all anticipated mining in the area on the 

8 hydrologic balance specified in subsections (b)(11) 

9 and (b)(12) demonstrates that impacts to human 

10 health, water resources, wildlife habitat, and other 

11 natural resources will not cause undue degradation, 

12 and the proposed operation has been designed and 

13 will operate to minimize disturbances to the pre14 vailing hydrologic balance of the permit area. 

15 (G) The applicant has fully complied with the 

16 requirements of section 305 (relating to financial as17 surance). 

18 (H) The Secretary has determined that there 

19 will be no undue degradation of natural or cultural 

20 resources. 

21 (I) Neither the applicant nor operator, nor any 

22 subsidiary, affiliate, or person controlled by or under 

23 common control with the applicant or operator, is in24 eligible to receive a permit under section 304. 


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1 (J) The reclamation plan demonstrates that 10 

2 years following mine closure, no treatment of surface 

3 or ground water for carcinogens or toxins will be re4 quired to meet water quality standards at the point 

5 of discharge. 

6 (2) Issuance of an operations permit under this sec7 tion shall be based on information supplied by the appli8 cant or other interested parties and the applicant shall 

9 have the burden of establishing that the application meets 

10 the environmental standard established in section 301. 

11 (3) With respect to any activities specified in the rec12 lamation plan referred to in subsection (b) that constitutes 

13 a removal or remedial action under section 101 of the 

14 Comprehensive Environmental Response, Compensation, 

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

16 the Secretary shall consult with the Administrator of the 

17 Environmental Protection Agency prior to the issuance of 

18 an operations permit. The Administrator shall ensure that 

19 the reclamation plan does not require activities which 

20 would increase the costs or likelihood of removal or reme21 dial actions under the Comprehensive Environmental Re22 sponse, Compensation and Liability Act of 1980 (42 

23 U.S.C. 9601 and following) or corrective actions under the 

24 Solid Waste Disposal Act (42 U.S.C. 6901 and following). 

25 (e) TERM OF PERMIT; RENEWAL.— 


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1 (1) An operations permit shall be for a stated 

2 term. The term shall be no longer than that nec3 essary to accomplish the proposed mineral activities 

4 subject to the permit, and in no case for more than 

5 10 years. 

6 (2) Failure by the operator to commence min7 eral activities within 2 years of the date scheduled 

8 in an operations permit shall require a modification 

9 of the permit if the Secretary concerned determines 

10 that modifications are necessary to comply with sec11 tion 201. 

12 (3) An operations permit shall carry with it the 

13 right of successive renewal upon expiration only with 

14 respect to operations on areas within the boundaries 

15 of the existing permit as issued. A renewal of such 

16 permit shall not be issued if such Secretary deter17 mines, in writing, any of the following: 

18 (A) The terms and conditions of the exist19 ing permit are not being met. 

20 (B) The operator has not demonstrated 

21 that the financial assurance would continue to 

22 apply in full force and effect for the renewal 

23 term. 


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1 (C) Any additional revised or updated in2 formation required by the Secretary concerned 

3 has not been provided. 

4 (D) The applicant has not demonstrated 

5 that the mineral activities will be in compliance 

6 with the requirements of this Act, all other ap7 plicable Federal requirements, and any State 

8 requirements agreed to by the Secretary con9 cerned pursuant to cooperative agreements 

10 under section 307. 

11 (4) A renewal of an operations permit shall be 

12 for a term of 10 years or for such shorter term as 

13 the Secretary concerned deems appropriate. Applica14 tion for renewal shall be made at least 18 months 

15 prior to the expiration of the existing permit. If a 

16 renewal application has been timely submitted and a 

17 permit expires prior to Secretarial action on the re18 newal application, reclamation shall and other min19 eral activities may continue in accordance with the 

20 terms of the expired permit until the Secretary con21 cerned makes a decision on the renewal application 

22 but in no case longer than 2 years. 

23 (f) PERMIT MODIFICATION.— 

24 (1) During the term of an operations permit 

25 the operator may submit an application to modify 


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1 the permit (including the operations plan or rec2 lamation plan, or both). To approve a proposed 

3 modification, the Secretary, or for National Forest 

4 System lands the Secretary of Agriculture, shall 

5 make the same determinations as are required in the 

6 case of an original operations permit, except that the 

7 Secretaries may establish joint rules regarding the 

8 extent to which requirements for original permits 

9 under this section shall apply to applications to mod10 ify a permit based on whether such modifications are 

11 deemed significant or minor. 

12 (2) The Secretary, or for National Forest Sys13 tem lands the Secretary of Agriculture, may, at any 

14 time, require reasonable modification to any oper15 ations plan or reclamation plan upon a determina16 tion that the requirements of this Act cannot be met 

17 if the plan is followed as approved. Such determina18 tion shall be based on a written finding and subject 

19 to public notice and hearing requirements estab20 lished by the Secretary concerned. 

21 (3) A permit modification is required before 

22 changes are made to the approved plan of oper23 ations, or if unanticipated events or conditions exist 

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

25 (A) development of acid or toxic drainage; 


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1 (B) loss of springs or water supplies; 

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

3 resulting water impacts that are significantly 

4 different than those predicted in the applica5 tion; 

6 (D) the need for long-term water treat7 ment; 

8 (E) significant reclamation difficulties or 

9 reclamation failure; 

10 (F) the discovery of significant scientific, 

11 cultural, or biological resources that were not 

12 addressed in the original plan; or 

13 (G) the discovery of hazards to public safe14 ty. 

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

16 An operator conducting mineral activities under an oper17 ations permit in effect under this title may not temporarily 

18 cease mineral activities for a period greater than 180 days 

19 unless the Secretary concerned has approved such tem20 porary cessation or unless the temporary cessation is per21 mitted under the original permit. Any operator tempo22 rarily ceasing mineral activities for a period greater than 

23 90 days under an operations permit issued before the date 

24 of the enactment of this Act shall submit, before the expi25 ration of such 90-day period, a complete application for 


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1 temporary cessation of operations to the Secretary con2 cerned for approval unless the temporary cessation is per3 mitted under the original permit. 

4 (2) An application for approval of temporary ces5 sation of operations shall include such information re6 quired under subsection (b) and any other provisions pre7 scribed by the Secretary concerned to minimize impacts 

8 on the environment. After receipt of a complete applica9 tion for temporary cessation of operations such Secretary 

10 shall conduct an inspection of the area for which tem11 porary cessation of operations has been requested. 

12 (3) To approve an application for temporary ces13 sation of operations, the Secretary concerned shall make 

14 each of the following determinations: 

15 (A) A determination that the methods for se16 curing surface facilities and restricting access to the 

17 permit area, or relevant portions thereof, will effec18 tively ensure against hazards to the health and safe19 ty of the public and fish and wildlife. 

20 (B) A determination that reclamation is in com21 pliance with the approved reclamation plan, except 

22 in those areas specifically designated in the applica23 tion for temporary cessation of operations for which 

24 a delay in meeting such standards is necessary to fa25 cilitate the resumption of operations. 


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1 (C) A determination that the amount of finan2 cial assurance filed with the permit application is 

3 sufficient to assure completion of the reclamation ac4 tivities identified in the approved reclamation plan in 

5 the event of forfeiture. 

6 (D) A determination that any outstanding no7 tices of violation and cessation orders incurred in 

8 connection with the plan for which temporary ces9 sation is being requested are either stayed pursuant 

10 to an administrative or judicial appeal proceeding or 

11 are in the process of being abated to the satisfaction 

12 of the Secretary concerned. 

13 (h) PERMIT REVIEWS.—The Secretary, or for Na14 tional Forest System lands the Secretary of Agriculture, 

15 shall review each permit issued under this section every 

16 3 years during the term of such permit, shall provide pub17 lic notice of the permit review, and, based upon a written 

18 finding, such Secretary shall require the operator to take 

19 such actions as the Secretary deems necessary to assure 

20 that mineral activities conform to the permit, including 

21 adjustment of financial assurance requirements. 

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

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

24 the Secretary or for the National Forest System, the Sec25 retary of Agriculture, in such amount as may be estabVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 lished by such Secretary, or for National Forest System 

2 lands by the Secretary of Agriculture. Such amount shall 

3 be equal to the actual or anticipated cost to the Secretary, 

4 or for National Forest System lands the Secretary of Agri5 culture, of reviewing, administering, and enforcing such 

6 permit, as determined by such Secretary. All moneys re7 ceived under this subsection shall be deposited in the 

8 Abandoned Locatable Minerals Mine Reclamation Fund 

9 established under title IV. 

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

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

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

13 written approval of the Secretary, or for National Forest 

14 System lands the Secretary of Agriculture. 

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

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

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

18 the permit to a successor, if such Secretary finds, in writ19 ing, that the successor— 

20 (A) has submitted information required and is 

21 eligible to receive a permit in accordance with sec22 tion 304; 

23 (B) has submitted evidence of financial assur24 ance satisfactory under section 305; and 


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1 (C) meets any other requirements specified by 

2 such Secretary. 

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

4 and reclamation responsibilities established by the existing 

5 permit and shall conduct the mineral activities in full com6 pliance with this Act, and the terms and conditions of the 

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

8 or sale. 

9 (4) Each application for approval of a permit trans10 fer, assignment, or sale pursuant to this subsection shall 

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

12 Interior, or for National Forest System lands, the Sec13 retary of Agriculture, in such amount as may be estab14 lished by such Secretary, or for National Forest System 

15 lands, by the Secretary of Agriculture. Such amount shall 

16 be equal to the actual or anticipated cost to the Secretary 

17 or, for National Forest System lands, to the Secretary of 

18 Agriculture, of reviewing and approving or disapproving 

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

20 Secretary. All moneys received under this subsection shall 

21 be deposited in the Abandoned Locatable Minerals Mine 

22 Reclamation Fund established under title IV. 

23 (k) PUBLIC PARTICIPATION.—(1) Concurrent with 

24 submittal of an application for a permit under this section 

25 or a renewal or significant modification thereof, the appliVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 cant shall publish a notice in a newspaper of local circula2 tion at least once a week for 4 consecutive weeks. In addi3 tion, the Secretary shall place a notice of the receipt of 

4 the application in the Federal Register. Such notices by 

5 the applicant and the Secretary shall include the name of 

6 the applicant, the location of the proposed mineral activi7 ties, the type and expected duration of the proposed min8 eral activities, the proposed use of the land after the com9 pletion of mineral activities, and identification of a loca10 tion where such plans are publicly available. The notice 

11 by the Secretary shall provide contact names and informa12 tion for members of the public wishing to obtain further 

13 information, and shall specifically allow for commenters 

14 to request a public hearing. The applicant shall also notify 

15 in writing other Federal, State, and local government 

16 agencies and Indian tribes that regulate mineral activities 

17 or land planning decisions in the area subject to mineral 

18 activities or that manage lands adjacent to the area sub19 ject to mineral activities. The applicant shall provide proof 

20 of such notification to the Secretary, or for National For21 est System lands, the Secretary of Agriculture. 

22 (2) The applicant for a permit under this section 

23 shall make paper and digital copies of the complete permit 

24 application, permit modifications, or permit renewals 

25 available for public review at the office of the responsible 


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1 Federal agency located nearest to the location of the pro2 posed mineral activities, on the appropriate Internet 

3 Websites of the appropriate Federal agencies and at such 

4 other readily accessible public locations deemed appro5 priate by the State or local government for the county in 

6 which the proposed mineral activities will occur prior to 

7 final decision by the Secretary, or for National Forest Sys8 tem lands, the Secretary of Agriculture. Any person, and 

9 the authorized representative of a Federal, State, or local 

10 governmental agency or Indian tribe, shall have the right 

11 to file written comments relating to the approval or dis12 approval of the permit application for a period of at least 

13 45 days after the last day of newspaper publication. Such 

14 comment period may be extended by the Secretary for an 

15 additional 90-day period and shall be extended for a period 

16 no less than 30 days following a public hearing carried 

17 out in accordance with subsection (3). The Secretary con18 cerned shall also create a public docket of all materials 

19 related to the application and all comments received. 

20 (3) Any person may file written comments during the 

21 comment period specified in paragraph (2) and any person 

22 who is, or may be, adversely affected by the proposed min23 eral activities may request a nonadjudicatory public hear24 ing to be held in the county in which the mineral activities 

25 are proposed. The Secretary concerned shall consider all 


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1 written comments filed during such comment period. If 

2 a hearing is requested by any person who is, or may be, 

3 adversely affected by the proposed mineral activities, the 

4 Secretary concerned shall consider such request and may 

5 conduct such hearing. The Secretary shall grant such re6 quest and whenever the Secretary determines that there 

7 is significant public interest. When a hearing is to be held, 

8 the Secretary shall notify all those who have provided com9 ments regarding the permit and notice of such hearing 

10 shall be published in a newspaper of local circulation at 

11 least once a week for 2 weeks prior to the hearing date. 

12 (4) The public participation requirements in this sec13 tion shall apply to permit modifications that are consid14 ered more than minor under subsection (f). 

15 SEC. 304. PERSONS INELIGIBLE FOR PERMITS. 

16 (a) CURRENT VIOLATIONS.—Unless corrective action 

17 has been taken in accordance with subsection (c), no per18 mit under this title shall be issued or transferred to an 

19 applicant if the applicant or any agent of the applicant, 

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

21 concerned, any claim holder (if different than the appli22 cant) of the claim concerned, or any affiliate or officer 

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

24 of the following: 


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

2 under this Act. 

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

5 wildlife conservation law or regulation at any site 

6 where mining, beneficiation, or processing activities 

7 are occurring or have occurred. 

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

10 any regulation implementing that Act at any site 

11 where surface coal mining operations have occurred 

12 or are occurring. 

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

14 Forest System lands the Secretary of Agriculture, shall 

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

16 Secretary determines that any of the entities described in 

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

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

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

20 Forest System lands the Secretary of Agriculture, may 

21 issue or reinstate a permit under this title if the applicant 

22 submits proof that the violation referred to in subsection 

23 (a) or (b) has been corrected or is in the process of being 

24 corrected to the satisfaction of such Secretary and the reg25 ulatory authority involved or if the applicant submits proof 


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1 that the violator has filed and is presently pursuing, a di2 rect administrative or judicial appeal to contest the exist3 ence of the violation. For purposes of this section, an ap4 peal of any applicant’s relationship to an affiliate shall not 

5 constitute a direct administrative or judicial appeal to con6 test the existence of the violation. 

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

8 upon proof submitted under this subsection shall be condi9 tionally approved or conditionally reinstated, as the case 

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

11 violation is upheld on appeal, the permit shall be sus12 pended or revoked. 

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

14 under this Act may be issued to any applicant if there 

15 is a demonstrated pattern of willful violations of the envi16 ronmental protection requirements of this Act by the ap17 plicant, any affiliate of the applicant, or the operator or 

18 claim holder if different than the applicant. 

19 SEC. 305. FINANCIAL ASSURANCE. 

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

21 any permit is issued under this title, the operator shall 

22 file with the Secretary, or for National Forest System 

23 lands the Secretary of Agriculture, evidence of financial 

24 assurance payable to the United States on a form pre25 scribed and furnished by such Secretary and conditional 


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1 upon faithful performance of such permit and all other 

2 requirements of this Act. The financial assurance shall be 

3 provided in the form of a surety bond, trust fund, letters 

4 of credits, government securities, certificates of deposit, 

5 cash or equivalent. 

6 (2) The financial assurance shall cover all lands with7 in the initial permit area and all affected waters that may 

8 require restoration, treatment, or other management as a 

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

10 all lands and waters added pursuant to any permit modi11 fication made under section 303(f) (relating to operations 

12 permits), or affected by mineral activities. 

13 (b) AMOUNT.—The amount of the financial assur14 ance required under this section shall be sufficient to as15 sure the completion of reclamation and restoration satis16 fying the requirements of this Act if the work were to be 

17 performed by the Secretary concerned in the event of for18 feiture, including the construction and maintenance costs 

19 for any treatment facilities necessary to meet Federal and 

20 State environmental requirements. The calculation of such 

21 amount shall take into account the maximum level of fi22 nancial exposure which shall arise during the mineral ac23 tivity and administrative costs associated with a govern24 ment agency reclaiming the site. 


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1 (c) DURATION.—The financial assurance required 

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

3 mineral activities and for an additional period to cover the 

4 operator’s responsibility for reclamation, restoration, and 

5 long-term maintenance as specified under section 

6 306(b)(6)(B), and effluent treatment as specified in sub7 section (g). 

8 (d) ADJUSTMENTS.—The amount of the financial as9 surance and the terms of the acceptance of the assurance 

10 may be adjusted by the Secretary concerned from time to 

11 time as the area requiring coverage is increased or de12 creased, or where the costs of reclamation or treatment 

13 change, or pursuant to section 303(h) (relating to oper14 ations permits), but the financial assurance shall other15 wise be in compliance with this section. The Secretary con16 cerned shall review the financial guarantee as part of the 

17 permit review under section 303(h). 

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

19 opportunity for public comment, and after inspection by 

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

21 Secretary of Agriculture, such Secretary may, after con22 sultation with the Administrator of the Environmental 

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

24 assurance required under this section if the Secretary 

25 makes both of the following determinations: 


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1 (1) A determination that reclamation or res2 toration covered by the financial assurance has been 

3 accomplished as required by this Act. 

4 (2) A determination that the terms and condi5 tions of any other applicable Federal requirements, 

6 and State requirements applicable pursuant to coop7 erative agreements under section 307, have been ful8 filled. 

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

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

11 (1) After the operator has completed any re12 quired backfilling, regrading, and drainage control of 

13 an area subject to mineral activities and covered by 

14 the financial assurance, and has commenced revege15 tation on the regraded areas subject to mineral ac16 tivities in accordance with the approved plan, that 

17 portion of the total financial assurance secured for 

18 the area subject to mineral activities attributable to 

19 the completed activities may be released except that 

20 sufficient assurance must be retained to address 

21 other required reclamation and restoration needs 

22 and to assure the long-term success of the revegeta23 tion. 

24 (2) After the operator has completed success25 fully all remaining mineral activities and reclamation 


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1 activities and all requirements of the operations plan 

2 and the reclamation plan (including the provisions of 

3 section 306(b)(6)(B) relating to revegetation, res4 toration, and effluent treatment required by sub5 section (g)), and all other requirements of this Act 

6 have been fully met, the remaining portion of the fi7 nancial assurance may be released. 

8 During the period following release of the financial assur9 ance as specified in paragraph (1), until the remaining 

10 portion of the financial assurance is released as provided 

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

12 with the permit issued under this title. 

13 (g) EFFLUENT.—Notwithstanding section 306(b)(4), 

14 where any discharge or other water-related condition re15 sulting from the mineral activities requires treatment in 

16 order to meet the applicable effluent limitations and water 

17 quality standards, the financial assurance shall include the 

18 estimated cost of maintaining such treatment for the pro19 jected period that will be needed after the cessation of 

20 mineral activities. The portion of the financial assurance 

21 attributable to such estimated cost of treatment shall not 

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

23 5 years, as determined by ongoing monitoring and testing, 

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


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1 all applicable effluent limitations and water quality stand2 ards for 5 full years without treatment. 

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

4 or for National Forest System lands, the Secretary of Ag5 riculture, determines, after final release of financial assur6 ance, that an environmental hazard resulting from the 

7 mineral activities exists, or the terms and conditions of 

8 the operations permit of this Act were not fulfilled in fact 

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

10 under section 506 requiring the claim holder or operator 

11 (or any person who controls the claim holder or operator) 

12 to correct the condition such that applicable laws and reg13 ulations and any conditions from the plan of operations 

14 are met. 

15 SEC. 306. OPERATION AND RECLAMATION. 

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

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

18 shall restore lands subject to mineral activities carried out 

19 under a permit issued under this title to a condition capa20 ble of supporting— 

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

22 supporting prior to surface disturbance by the oper23 ator, or 

24 (B) other beneficial uses which conform to ap25 plicable land use plans as determined by the SecVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 retary, or for National Forest System lands, the 

2 Secretary of Agriculture. 

3 (2) Reclamation shall proceed as contemporaneously 

4 as practicable with the conduct of mineral activities. In 

5 the case of a cessation of mineral activities beyond that 

6 provided for as a temporary cessation under this Act, rec7 lamation activities shall begin immediately. 

8 (b) OPERATION AND RECLAMATION STANDARDS.— 

9 Mineral activities shall be conducted in accordance with 

10 the following standards, and any additional standards the 

11 Secretaries may jointly promulgate under section 301 and 

12 subsection (a) of this section to address specific environ13 mental impacts of selected methods of mining and to as14 sure that the direct and indirect impacts of mining are 

15 consistent with applicable land use plans: 

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

17 subsoils removed from lands subject to mineral ac18 tivities, shall be segregated from waste material and 

19 protected to minimize erosion and sustain revegeta20 tion when reclamation begins. If such soil is not re21 placed on a backfill area within a time-frame short 

22 enough to avoid deterioration of the topsoil, vegeta23 tive cover or other means shall be used so that the 

24 soil is preserved from wind and water erosion, re25 mains free of contamination by acid or other toxic 


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1 material, and is in a usable condition for sustaining 

2 vegetation when restored during reclamation. 

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

4 to mineral activities is of insufficient quantity or of 

5 inferior quality for sustaining vegetation, and other 

6 suitable growth media removed from the lands sub7 ject to the mineral activities are available that shall 

8 support vegetation, the best available growth me9 dium shall be removed, segregated and preserved in 

10 a like manner as under subparagraph (A) for sus11 taining vegetation when restored during reclamation. 

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

13 from lands subject to mineral activities is of insuffi14 cient quantity or of inferior quality for sustaining 

15 vegetation, and other suitable growth media removed 

16 from the lands subject to the mineral activities are 

17 available that support revegetation, these substitute 

18 materials shall be removed, segregated, or preserved 

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

20 later use in reclamation. 

21 (D) Mineral activities shall be conducted to pre22 vent contamination of soils to the extent possible 

23 using the best technology currently available. If con24 tamination occurs, the operator shall decontaminate 


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1 or dispose of any contaminated soils which have re2 sulted from the mineral activities. 

3 (2) STABILIZATION.—All surface areas subject 

4 to mineral activities, including segregated soils or 

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

6 subgrade ore piles, and open or partially backfilled 

7 mine pits that meet the requirements of paragraph 

8 (5), shall be engineered to a stable condition to pre9 vent hazards and to effectively control fugitive dust 

10 and erosion and otherwise comply with toxic sub11 stance, solid waste, air and water pollution control 

12 laws and other environmental laws. 

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

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

15 stream bank stabilization, diversions or other meas16 ures, shall be designed, constructed and maintained 

17 where necessary to control sediments, prevent ero18 sion, and manage drainage of the area subject to 

19 mineral activities. 

20 (4) HYDROLOGIC BALANCE.—(A) Mineral ac21 tivities shall be conducted to minimize disturbances 

22 to the prevailing hydrologic balance of the permit 

23 area and surrounding hydrologic basins affected by 

24 mining activities existing prior to the mineral activi25 ties in the permit area and in the surrounding waVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 tershed, as established by the baseline information 

2 provided pursuant to section 303(b)(10) (relating to 

3 operations permits). Hydrologic balance includes the 

4 quality and quantity of ground water and surface 

5 water and their interrelationships, including re6 charge and discharge rates. In all cases, the operator 

7 shall comply with Federal and State laws related to 

8 the quality and quantity of such waters, and mineral 

9 activities shall not cause or contribute to violations 

10 of water quality standards in affected waters. 

11 (B) Mineral activities shall be conducted to pre12 vent to the fullest extent possible the formation of 

13 acidic, toxic, or other contaminated water. Where 

14 the formation of acidic, toxic, or other contaminated 

15 water occurs, mineral activities shall be conducted so 

16 as to minimize the formation of acidic, toxic, or 

17 other contaminated water and to control the spread 

18 of any such contamination. 

19 (C) Mineral activities shall prevent any damage 

20 off-site from contamination of surface and ground 

21 water with acid or other toxic mine pollutants and 

22 shall prevent or remove water from contact with acid 

23 or toxic producing deposits. 

24 (D) Reclamation shall restore approximate hy25 drologic balance existing prior to the mineral activiVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 ties before the applicable water quality permit issued 

2 under State or Federal law expires or is subject to 

3 renewal. 

4 (E) Where the quality or quantity of surface 

5 water or ground water used for domestic, municipal, 

6 agricultural, or industrial purposes is adversely im7 pacted by mineral activities, such water shall be 

8 treated, or replaced with the same quantity and ap9 proximate quality of water, comparable to premining 

10 conditions as established in paragraph (11) of sec11 tion 303(b) (relating to operations permits). 

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

13 area disturbed by mineral activities shall be shaped, 

14 graded, and contoured to its natural topography. 

15 Backfilling of an open pit mine shall be required if 

16 it is determined by the Secretary to be the most ap17 propriate means of controlling long-term adverse im18 pacts on public health or the environment. 

19 (B) In instances where complete backfilling of 

20 an open pit is not required, the pit shall be graded 

21 to blend with the surrounding topography as much 

22 as practicable to minimize disturbance to the hydro23 logic balance, and revegetated in accordance with 

24 paragraph (6), and the water quality in the pit and 

25 other water impoundments and wells adjacent or 


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1 hydrologically connected by groundwater shall com2 ply with applicable Federal, State, and, where appro3 priate, local government water quality standards. 

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

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

7 cover of the same seasonal variety native to the area 

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

10 extent of cover to the natural revegetation of the 

11 surrounding area, except that introduced species 

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

13 for National Forest System lands the Secretary of 

14 Agriculture, in consultation with the Director of the 

15 United States Fish and Wildlife Service, if such in16 troduction of such species is necessary as an interim 

17 step in, and is part of a program to restore a native 

18 plant community. In such instances where the com19 plete backfill of an open mine pit is not required 

20 under paragraph (5), such Secretary shall prescribe 

21 such vegetation requirements as conform to the ap22 plicable land use plan. 

23 (B) In order to ensure compliance with sub24 paragraph (A), the period for determining successful 

25 revegetation shall be 5 full years after the last year 


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1 of augmented seeding, fertilizing, irrigation, or other 

2 work, except that such period shall be 10 full years 

3 where the annual average precipitation is 26 inches 

4 or less. The period may be a longer time at the dis5 cretion of the Secretary concerned where rainfall or 

6 other factors indicate that successful revegetation 

7 may be difficult to achieve or maintain. 

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

10 shall be transported and placed in approved areas, 

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

12 long-term mass stability, to prevent mass movement, 

13 and to facilitate reclamation. In addition to the 

14 measures described under paragraph (3), internal 

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

17 of such excess waste material piles shall be certified 

18 by a qualified professional engineer. 

19 (B) Excess waste material piles shall be graded 

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

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

24 the surface associated with underground mineral ac25 tivities, shall be backfilled, sealed, or otherwise conVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 trolled when no longer needed for the conduct of 

2 mineral activities to ensure protection of the public 

3 and the environment, protection of groundwater, and 

4 management of fish and wildlife and livestock. Such 

5 sealing must be designed and carried out using ma6 terials and methods that will provide long-term pro7 tection. Information regarding the location and na8 ture of sealed drill holes or openings or other areas 

9 that should remain undisturbed or will require long10 term maintenance must be placed in the relevant 

11 land records and provided to the Secretary and the 

12 appropriate State and local agencies. 

13 (9) REMOVAL OF STRUCTURES, ETC.—All build14 ings, structures, roads, and equipment constructed, 

15 used, or improved during mineral activities shall be 

16 removed, unless the Secretary concerned, in con17 sultation with the affected land managing agency, 

18 determines that use of the buildings, structures, or 

19 equipment would be consistent with subsection (a) or 

20 for environmental monitoring and the Secretary con21 cerned takes ownership of such structures. 

22 (10) CULTURAL, PALEONTOLOGICAL, AND CAVE

23 RESOURCES.—The operator shall make reasonable 

24 efforts to identify and shall not knowingly disturb, 

25 alter, injure, or destroy any scientifically important 


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1 paleontologic remains or any historic, archaeologic, 

2 or cave-related sites, structure, building, resource, or 

3 object without including in the plan of operations a 

4 proposed action to preserve the resource that is ap5 proved by the Secretary prior to the disturbance tak6 ing place. 

7 (11) DESIGN, CONSTRUCTION, AND MAINTE8 NANCE OF STRUCTURES, ETC.—All buildings, struc9 tures, roads, and equipment constructed, used, or 

10 improved during mineral activities shall be designed, 

11 constructed, and maintained to minimize erosion, sil12 tation, and air pollution and then removed after 

13 mining, unless the Secretary concerned in consulta14 tion with the affected land managing agency, deter15 mines that use of the buildings, structures, roads, or 

16 equipment would be consistent with subsection (a) or 

17 for environmental monitoring, and the Secretary 

18 concerned takes ownership of such structures, build19 ings, or equipment, or roads. 

20 (12) DRILL HOLES.—(A) Drilling fluids shall 

21 not be allowed to flow off the site or otherwise ad22 versely impact water or other natural resources. 

23 (B) All drill holes shall be drilled, operated, and 

24 plugged to prevent mixing of water from aquifers, 


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1 impacts to beneficial uses, and downward or upward 

2 water loss. 

3 (13) LEACHING OPERATIONS AND IMPOUND4 MENTS.—Leach pads, tailing impoundments, waste 

5 rock and overburden, ponds, and solution holding fa6 cilities shall be designed, constructed, and operated 

7 according to standard engineering practices to 

8 achieve and maintain the stability of the site and fa9 cilitate reclamation. These facilities shall be con10 structed with a low-permeability liner or contain11 ment system that will detect leaks, and prevent the 

12 release of solutions to the environment. All leaching 

13 facilities and impoundments shall be designed and 

14 operated to withstand a local 24-hour, 100-year 

15 storm event in addition to the solution expected for 

16 the facility, unless the Secretary determines that ad17 ditional protections are necessary due to proximity 

18 to people or endangered species, or threatened spe19 cies or the presence of drinking water supplies. 

20 (14) FIRE PREVENTION AND CONTROL.—All 

21 applicable Federal and State fire laws and regula22 tions shall be complied with, including taking all rea23 sonable measures to prevent and suppress fire in the 

24 project area. 


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1 (15) TEMPORARY CESSATION.—During tem2 porary cessation of operations, the operator shall 

3 maintain the site, and take measures to stabilize the 

4 excavation and workings, control toxic or deleterious 

5 materials, and monitor site conditions. After a 5- 

6 year cessation, the operator shall commence rec7 lamation as described in section 306. 

8 (c) SPECIAL RULE.—Reclamation activities for a 

9 mining claim that has been forfeited, relinquished, or 

10 lapsed, or a plan that has expired or been revoked or sus11 pended, shall continue subject to review and approval by 

12 the Secretary, or for National Forest System lands the 

13 Secretary of Agriculture. 

14 (d) DEFINITIONS.—As used in this section: 

15 (1) The term ‘‘waste material’’ means the mate16 rial resulting from mineral activities involving ex17 traction, beneficiation, and processing, including but 

18 not limited to tailings, and such material resulting 

19 from mineral activities involving processing, to the 

20 extent such material is not subject to subtitle C of 

21 the Solid Waste Disposal Act (42 U.S.C. 3251 and 

22 following) or the Uranium Mill Tailings Radiation 

23 Control Act of 1978 (42 U.S.C. 7901 and following). 


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1 (2) The term ‘‘ore piles’’ means ore stockpiled 

2 for beneficiation prior to the completion of mineral 

3 activities. 

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

5 too low in grade to be processed at the time of ex6 traction but which could reasonably be processed in 

7 the foreseeable future. 

8 (4) The term ‘‘soil’’ means the earthy or sandy 

9 layer, ranging in thickness from a few inches to sev10 eral feet, composed of finely divided rock debris, of 

11 whatever origin, mixed with decomposing vegetal and 

12 animal matter, which forms the surface of the 

13 ground and in which plants grow or may grow. 

14 SEC. 307. STATE LAW AND REGULATION. 

15 (a) STATE LAW.—(1) Any reclamation, land use, en16 vironmental, or public health protection standard or re17 quirement in State or local law or regulation that meets 

18 or exceeds the requirements of section 306 shall not be 

19 construed to be inconsistent with any such standard. 

20 (2) Any bonding standard or requirement in State or 

21 local law or regulation that meets or exceeds the require22 ments of section 305 shall not be construed to be incon23 sistent with such requirements. 

24 (3) Any inspection standard or requirement in State 

25 or local law or regulation that meets or exceeds the reVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 quirements of section 503 shall not be construed to be in2 consistent with such requirements. 

3 (b) APPLICABILITY OF OTHER STATE REQUIRE4 MENTS.—(1) Nothing in this Act shall be construed as af5 fecting any toxic substance, solid waste, or air or water 

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

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

8 to mineral activities on lands subject to this Act. 

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

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

11 under applicable law, such person’s interest in water re12 sources affected by mineral activities on lands subject to 

13 this Act. 

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

15 may enter into a cooperative agreement with the Sec16 retary, or for National Forest System lands the Secretary 

17 of Agriculture, for the purposes of such Secretary applying 

18 such standards and requirements referred to in subsection 

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

20 on lands subject to this Act. 

21 (2) In such instances where the proposed mineral ac22 tivities would affect lands not subject to this Act in addi23 tion to lands subject to this Act, in order to approve a 

24 plan of operations the Secretary concerned shall enter into 

25 a cooperative agreement with the State that sets forth a 


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1 common regulatory framework consistent with the envi2 ronmental protection requirements of this Act for the pur3 poses of such plan of operations. 

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

5 cooperative agreement with any State under this section 

6 until after notice in the Federal Register and opportunity 

7 for public comment and hearing. 

8 (d) PRIOR AGREEMENTS.—Any cooperative agree9 ment or such other understanding between the Secretary 

10 concerned and any State, or political subdivision thereof, 

11 relating to the management of mineral activities on lands 

12 subject to this Act that was in existence on the date of 

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

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

15 1-year period, the State and the Secretary shall review the 

16 terms of the agreement and make changes that are nec17 essary to be consistent with this Act. 

18 TITLE IV—MINING MITIGATION 

19 Subtitle A—Abandoned Locatable 

20 Minerals Mine Reclamation Fund 

21 SEC. 401. ABANDONED LOCATABLE MINERALS MINE REC22 LAMATION. 

23 (a) ESTABLISHMENT.—(1) There is established on 

24 the books of the Treasury of the United States a separate 

25 account to be known as the Abandoned Locatable Minerals 


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1 Mine Reclamation Fund (hereinafter in this subtitle re2 ferred to as the ‘‘Fund’’). The Fund shall be administered 

3 by the Secretary acting through the Director of the Office 

4 of Surface Mining Reclamation and Enforcement. 

5 (2) The Secretary shall notify the Secretary of the 

6 Treasury as to what portion of the Fund is not, in the 

7 Secretary’s judgment, required to meet current with8 drawals. The Secretary of the Treasury shall invest such 

9 portion of the Fund in public debt securities with matu10 rities suitable for the needs of such Fund and bearing in11 terest at rates determined by the Secretary of the Treas12 ury, taking into consideration current market yields on 

13 outstanding marketplace obligations of the United States 

14 of comparable maturities. The income on such investments 

15 shall be credited to, and form a part of, the Fund. 

16 (b) AMOUNTS.—The following amounts shall be cred17 ited to the Fund: 

18 (1) All moneys collected pursuant to section 

19 506 (relating to enforcement) and section 504 (relat20 ing to citizens suits). 

21 (2) All permit fees and transfer fees received 

22 under section 303. 

23 (3) All donations by persons, corporations, as24 sociations, and foundations for the purposes of this 

25 subtitle. 


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1 (4) All amounts deposited in the Fund under 

2 section 102 (relating to royalties and penalties for 

3 underreporting). 

4 (5) All other receipts from fees, royalties, pen5 alties and other sources collected under this Act. 

6 (6) All amounts received by the United States 

7 pursuant to section 101 from issuance of patents. 

8 SEC. 402. USE AND OBJECTIVES OF THE FUND. 

9 (a) IN GENERAL.—The Secretary is authorized, sub10 ject to appropriations, to use moneys in the Fund for the 

11 reclamation and restoration of land and water resources 

12 adversely affected by past mineral activities on lands the 

13 legal and beneficial title to which resides in the United 

14 States, land within the exterior boundary of any national 

15 forest system unit, or other lands described in subsection 

16 (d) or section 403, including any of the following: 

17 (1) Protecting public health and safety 

18 (2) Preventing, abating, treating, and control19 ling water pollution created by abandoned mine 

20 drainage. 

21 (3) Reclaiming and restoring abandoned surface 

22 and underground mined areas. 

23 (4) Reclaiming and restoring abandoned milling 

24 and processing areas. 


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1 (5) Backfilling, sealing, or otherwise control2 ling, abandoned underground mine entries. 

3 (6) Revegetating land adversely affected by past 

4 mineral activities in order to prevent erosion and 

5 sedimentation, to enhance wildlife habitat, and for 

6 any other reclamation purpose. 

7 (7) Controlling of surface subsidence due to 

8 abandoned underground mines. 

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

10 Fund shall reflect the following priorities in the order stat11 ed: 

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

13 from extreme danger from the adverse effects of 

14 past mineral activities, especially as relates to sur15 face water and groundwater contaminants. 

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

17 from the adverse effects of past mineral activities. 

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

19 wildlife resources previously degraded by the adverse 

20 effects of past mineral activities. 

21 (c) HABITAT.—Reclamation and restoration activities 

22 under this subtitle, particularly those identified under sub23 section (a)(4), shall include appropriate mitigation meas24 ures to provide for the continuation of any established 


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1 habitat for wildlife in existence prior to the commencement 

2 of such activities. 

3 (d) OTHER AFFECTED LANDS.—Where mineral ex4 ploration, mining, beneficiation, processing, or reclamation 

5 activities have been carried out with respect to any mineral 

6 which would be a locatable mineral if the legal and bene7 ficial title to the mineral were in the United States, if such 

8 activities directly affect lands managed by the Bureau of 

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

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

11 lands resides in the United States, the Secretary is author12 ized, subject to appropriations, to use moneys in the Fund 

13 for reclamation and restoration under subsection (a) for 

14 all directly affected lands. 

15 (e) RESPONSE OR REMOVAL ACTIONS.—Reclamation 

16 and restoration activities under this subtitle which con17 stitute a removal or remedial action under section 101 of 

18 the Comprehensive Environmental Response, Compensa19 tion, and Liability Act of 1980 (42 U.S.C. 9601), shall 

20 be conducted with the concurrence of the Administrator 

21 of the Environmental Protection Agency. The Secretary 

22 and the Administrator shall enter into a Memorandum of 

23 Understanding to establish procedures for consultation, 

24 concurrence, training, exchange of technical expertise and 

25 joint activities under the appropriate circumstances, that 


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1 provide assurances that reclamation or restoration activi2 ties under this subtitle shall not be conducted in a manner 

3 that increases the costs or likelihood of removal or reme4 dial actions under the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 1980 (42 

6 U.S.C. 9601 and following), and that avoid oversight by 

7 multiple agencies to the maximum extent practicable. 

8 SEC. 403. ELIGIBLE LANDS AND WATERS. 

9 (a) ELIGIBILITY.—Reclamation expenditures under 

10 this subtitle may only be made with respect to Federal 

11 lands or Indian lands or water resources that traverse or 

12 are contiguous to Federal lands or Indian lands where 

13 such lands or water resources have been affected by past 

14 mineral activities, including any of the following: 

15 (1) Lands and water resources which were used 

16 for, or affected by, mineral activities and abandoned 

17 or left in an inadequate reclamation status before 

18 the effective date of this Act. 

19 (2) Lands for which the Secretary makes a de20 termination that there is no continuing reclamation 

21 responsibility of a claim holder, operator, or other 

22 person who abandoned the site prior to completion 

23 of required reclamation under State or other Federal 

24 laws. 


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

2 such lands do not contain locatable minerals which 

3 could economically be extracted through the reproc4 essing or remining of such lands, unless such consid5 erations are in conflict with the priorities set forth 

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

7 (b) SPECIFIC SITES AND AREAS NOT ELIGIBLE.— 

8 The provisions of section 411(d) of the Surface Mining 

9 Control and Reclamation Act of 1977 (30 U.S.C. 

10 1240a(d)) shall apply to expenditures made from the 

11 Fund established under this subtitle. 

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

13 maintain a publicly available inventory of abandoned 

14 locatable minerals mines on Federal lands and any aban15 doned mine on Indian lands that may be eligible for ex16 penditures under this subtitle, and shall deliver a yearly 

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

18 sites. 

19 SEC. 404. FUND EXPENDITURES. 

20 Moneys available from the Fund may be expended for 

21 the purposes specified in section 402 directly by the Direc22 tor of the Office of Surface Mining Reclamation and En23 forcement. The Director may also make such money avail24 able for such purposes to the Director of the Bureau of 

25 Land Management, the Chief of the United States Forest 


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1 Service, the Director of the National Park Service, or Di2 rector of the United States Fish and Wildlife Service, to 

3 any other agency of the United States, to an Indian tribe, 

4 or to any public entity that volunteers to develop and im5 plement, and that has the ability to carry out, all or a 

6 significant portion of a reclamation program under this 

7 subtitle. 

8 SEC. 405. AUTHORIZATION OF APPROPRIATIONS. 

9 Amounts credited to the Fund are authorized to be 

10 appropriated for the purpose of this subtitle without fiscal 

11 year limitation. 

12 Subtitle B—Locatable Minerals 

13 Community Impact Assistance 

14 SEC. 421. LOCATABLE MINERALS COMMUNITY IMPACT AS15 SISTANCE. 

16 (a) ESTABLISHMENT.—(1) There is established on 

17 the books of the Treasury of the United States a separate 

18 account to be known as the Locatable Minerals Commu19 nity Impact Assistance Fund (hereinafter in this subtitle 

20 referred to as the ‘‘Fund’’). The Fund shall be adminis21 tered by the Secretary acting through the Director of the 

22 Bureau of Land Management. 

23 (2) Lands for which the Secretary makes a deter24 mination that there is no continuing reclamation responsi25 bility of a claim holder, operator, or other person who 


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1 abandoned the site prior to completion of required rec2 lamation under State or other Federal laws. 

3 (b) AMOUNTS.—There shall be credited to the Fund 

4 all amounts deposited in the Fund under section 111. 

5 SEC. 422. USE AND OBJECTIVES OF THE FUND. 

6 Amounts in the Fund shall be available to the Sec7 retary, subject to appropriations, to provide assistance for 

8 the planning, construction, and maintenance of public fa9 cilities and the provision of public services to States, polit10 ical subdivisions and Indian tribes that are socially or eco11 nomically impacted by mineral activities conducted under 

12 the general mining laws. 

13 SEC. 423. ALLOCATION OF FUNDS. 

14 Moneys deposited into the Fund shall be allocated by 

15 the Secretary for purposes of section 422 among the 

16 States within the boundaries of which occurs production 

17 of locatable minerals from mining claims located under the 

18 general mining laws and maintained in compliance with 

19 this Act, or mineral concentrates or products derived from 

20 locatable minerals from mining claims located under the 

21 general mining laws and maintained in compliance with 

22 this Act, as the case may be, in proportion to the amount 

23 of such production in each such State. 


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1 TITLE V—ADMINISTRATIVE AND 

2 MISCELLANEOUS PROVISIONS 

3 Subtitle A—Administrative 

4 Provisions 

5 SEC. 501. POLICY FUNCTIONS. 

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

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

8 amended— 

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

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

11 mineral extraction and processing not cause undue 

12 degradation of the natural and cultural resources of 

13 the Federal lands’’; and 

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

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

16 of Agriculture to carry out the policy provisions of 

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

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

19 Materials and Minerals Policy, Research and Development 

20 Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by insert21 ing before the period the following: ‘‘, except that for Na22 tional Forest System lands the Secretary of Agriculture 

23 shall promptly initiate actions to improve the availability 

24 and analysis of mineral data in Federal land use decision25 making’’. 


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1 SEC. 502. USER FEES. 

2 The Secretary and the Secretary of Agriculture are 

3 each authorized to establish and collect from persons sub4 ject to the requirements of this Act such user fees as may 

5 be necessary to reimburse the United States for the ex6 penses incurred in administering such requirements. Fees 

7 may be assessed and collected under this section only in 

8 such manner as may reasonably be expected to result in 

9 an aggregate amount of the fees collected during any fiscal 

10 year which does not exceed the aggregate amount of ad11 ministrative expenses referred to in this section. 

12 SEC. 503. INSPECTION AND MONITORING. 

13 (a) INSPECTIONS.—(1) The Secretary, or for Na14 tional Forest System lands the Secretary of Agriculture, 

15 shall make inspections of mineral activities so as to ensure 

16 compliance with the environmental protection require17 ments of title III. 

18 (2) The Secretary concerned shall establish a fre19 quency of inspections for mineral activities conducted 

20 under a permit issued under title III, but in no event shall 

21 such inspection frequency be less than one complete in22 spection per calendar quarter or, two per calendar quarter 

23 in the case of a permit for which the Secretary concerned 

24 approves an application under section 303(g) (relating to 

25 temporary cessation of operations). After revegetation has 

26 been established in accordance with a reclamation plan, 


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1 such Secretary shall conduct annually 2 complete inspec2 tions. Such Secretary shall have the discretion to modify 

3 the inspection frequency for mineral activities that are 

4 conducted on a seasonal basis. Inspections shall continue 

5 under this subsection until final release of financial assur6 ance. 

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

8 she is or may be adversely affected by mineral activities 

9 due to any violation of the environmental protection re10 quirements may request an inspection. The Secretary, or 

11 for National Forest System lands the Secretary of Agri12 culture, shall determine within 10 working days of receipt 

13 of the request whether the request states a reason to be14 lieve that a violation exists. If the person alleges and pro15 vides reason to believe that an imminent threat to the en16 vironment or danger to the health or safety of the public 

17 exists, the 10-day period shall be waived and the inspec18 tion shall be conducted immediately. When an inspection 

19 is conducted under this paragraph, the Secretary con20 cerned shall notify the person requesting the inspection, 

21 and such person shall be allowed to accompany the Sec22 retary concerned or the Secretary’s authorized representa23 tive during the inspection. The Secretary shall not incur 

24 any liability for allowing such person to accompany an au25 thorized representative. The identity of the person supVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 plying information to the Secretary relating to a possible 

2 violation or imminent danger or harm shall remain con3 fidential with the Secretary if so requested by that person, 

4 unless that person elects to accompany an authorized rep5 resentative on the inspection. 

6 (B) The Secretaries shall, by joint rule, establish pro7 cedures for the review of (i) any decision by an authorized 

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

9 representative to ensure that remedial actions are taken 

10 with respect to any alleged violation. The Secretary con11 cerned shall furnish such persons requesting the review 

12 a written statement of the reasons for the Secretary’s final 

13 disposition of the case. 

14 (b) MONITORING.—(1) The Secretary, or for Na15 tional Forest System lands the Secretary of Agriculture, 

16 shall require all operators to develop and maintain a moni17 toring and evaluation system which shall identify compli18 ance with all environmental protection requirements. The 

19 Secretary concerned may require additional monitoring to 

20 be conducted as necessary to assure compliance with the 

21 reclamation and other environmental standards of this 

22 Act. Such plan must be reviewed and approved by the Sec23 retary and shall become a part of the operations permit. 

24 (2) Monitoring shall be conducted as close as tech25 nically feasible to the mineral activity involved, and in all 


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1 cases such monitoring shall be conducted within the per2 mit area. 

3 (3) The point of compliance referred to in paragraph 

4 (1) shall be as close to the mineral activity involved as 

5 is technically feasible, but in any event shall be located 

6 to comply with applicable State and Federal standards. 

7 In no event shall the point of compliance be outside the 

8 permit area. 

9 (4) The operator shall file reports with the Secretary, 

10 or for National Forest System lands the Secretary of Agri11 culture, on a frequency determined by the Secretary con12 cerned, on the results of the monitoring and evaluation 

13 process, except that if the monitoring and evaluation show 

14 a violation of the environmental protection requirements 

15 under this Act, it shall be reported immediately to the Sec16 retary concerned. The Secretary shall evaluate the reports 

17 submitted pursuant to this paragraph, and based on those 

18 reports and any necessary inspection shall take enforce19 ment action pursuant to this section. Such reports shall 

20 be maintained by the operator and by the Secretary and 

21 shall be made available to the public. 

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

23 lands the Secretary of Agriculture, shall determine what 

24 information shall be reported by the operator pursuant to 

25 paragraph (5). A failure to report as required by the SecVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 retary concerned shall constitute a violation of this Act 

2 and subject the operator to enforcement action pursuant 

3 to section 506. 

4 SEC. 504. CITIZENS SUITS. 

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

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

7 her own behalf to compel compliance— 

8 (1) against any person (including the Secretary 

9 or the Secretary of Agriculture) alleged to have vio10 lated, or to be in violation of, any of the provisions 

11 of this Act or any regulation promulgated pursuant 

12 to title III or any term or condition of any permit 

13 issued under title III; or 

14 (2) against the Secretary or the Secretary of 

15 Agriculture where there is alleged a failure of such 

16 Secretary to perform any act or duty under this Act, 

17 or to promulgate any regulation under title III, 

18 which is not within the discretion of the Secretary 

19 concerned. 

20 The United States district courts shall have jurisdiction 

21 over actions brought under this section, without regard to 

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

23 including actions brought to apply any civil penalty under 

24 this Act. The district courts of the United States shall 

25 have jurisdiction to compel agency action unreasonably deVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 layed, except that an action to compel agency action re2 viewable under section 505 may only be filed in a United 

3 States district court within the circuit in which such action 

4 would be reviewable under section 505. 

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

6 under subsection (a) before the plaintiff has given notice 

7 in writing of such alleged violation to the Secretary, or 

8 for National Forest System lands the Secretary of Agri9 culture, except that any such action may be brought imme10 diately after such notification if the violation complained 

11 of constitutes an imminent threat to the environment or 

12 to the health or safety of the public. 

13 (2) No action may be brought against any person 

14 other than the Secretary or the Secretary of Agriculture 

15 under subsection (a)(1) if such Secretary has commenced 

16 and is diligently prosecuting a civil or criminal action in 

17 a court of the United States to require compliance. 

18 (3) No action may be commenced under paragraph 

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

20 rule promulgated by, or to any permit issued or denied 

21 by such Secretary if such rule or permit issuance or denial 

22 is judicially reviewable under section 505 or under any 

23 other provision of law at any time after such promulga24 tion, issuance, or denial is final. 


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

2 section shall be determined in accordance with section 

3 1391 of title 28, United States Code. 

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

5 any action brought pursuant to this section may award 

6 costs of litigation (including attorney and expert witness 

7 fees) to any party whenever the court determines such 

8 award is appropriate. The court may, if a temporary re9 straining order or preliminary injunction is sought, require 

10 the filing of a bond or equivalent security in accordance 

11 with the Federal Rules of Civil Procedure. 

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

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

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

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

16 law to bring an action to seek any relief against the Sec17 retary or the Secretary of Agriculture or against any other 

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

19 or of any regulation or permit issued under this Act or 

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

21 section shall affect the jurisdiction of any court under any 

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

23 action for any violation of this Act or of any regulation 

24 or permit issued under this Act or for any failure to act 

25 as required by law. Nothing in this Act shall be construed 


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1 to be a waiver of the sovereign immunity of an Indian tribe 

2 except as provided for in section 303. 

3 SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW. 

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

5 issued a notice of violation or cessation order under sec6 tion 506, or any person having an interest which is or 

7 may be adversely affected by such notice or order, may 

8 apply to the Secretary, or for National Forest System 

9 lands the Secretary of Agriculture, for review of the notice 

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

11 case may be, within 30 days after such notice or order 

12 is modified, vacated, or terminated. 

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

14 under section 506 may apply to the Secretary concerned 

15 for review of the assessment within 45 days of notification 

16 of such penalty. 

17 (C) Any person may apply to such Secretary for re18 view of the decision within 30 days after it is made. 

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

20 of an administrative appeal, final decisions (except en21 forcement actions under section 506) shall be stayed. 

22 (2) The Secretary concerned shall provide an oppor23 tunity for a public hearing at the request of any party 

24 to the proceeding as specified in paragraph (1). The filing 

25 of an application for review under this subsection shall not 


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1 operate as a stay of any order or notice issued under sec2 tion 506. 

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

4 the Secretary concerned shall make findings of fact and 

5 shall issue a written decision incorporating therein an 

6 order vacating, affirming, modifying, or terminating the 

7 notice, order, or decision, or with respect to an assess8 ment, the amount of penalty that is warranted. Where the 

9 application for review concerns a cessation order issued 

10 under section 506 the Secretary concerned shall issue the 

11 written decision within 30 days of the receipt of the appli12 cation for review or within 30 days after the conclusion 

13 of any hearing referred to in paragraph (2), whichever is 

14 later, unless temporary relief has been granted by the Sec15 retary concerned under paragraph (4). 

16 (4) Pending completion of any review proceedings 

17 under this subsection, the applicant may file with the Sec18 retary, or for National Forest System lands the Secretary 

19 of Agriculture, a written request that the Secretary grant 

20 temporary relief from any order issued under section 506 

21 together with a detailed statement giving reasons for such 

22 relief. The Secretary concerned shall expeditiously issue 

23 an order or decision granting or denying such relief. The 

24 Secretary concerned may grant such relief under such con25 ditions as he may prescribe only if such relief shall not 


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1 adversely affect the health or safety of the public or cause 

2 imminent environmental harm to land, air, or water re3 sources. 

4 (5) The availability of review under this subsection 

5 shall not be construed to limit the operation of rights 

6 under section 504 (relating to citizen suits). 

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

8 Secretaries of the Interior and Agriculture in promul9 gating regulations to implement this Act, or any other 

10 final actions constituting rulemaking to implement this 

11 Act, shall be subject to judicial review only in the United 

12 States Court of Appeals for the District of Columbia. Any 

13 action subject to judicial review under this subsection shall 

14 be affirmed unless the court concludes that such action 

15 is arbitrary, capricious, or otherwise inconsistent with law. 

16 A petition for review of any action subject to judicial re17 view under this subsection shall be filed within 60 days 

18 from the date of such action, or after such date if the 

19 petition is based solely on grounds arising after the 60th 

20 day. Any such petition may be made by any person who 

21 commented or otherwise participated in the rulemaking or 

22 any person who may be adversely affected by the action 

23 of the Secretaries. 

24 (2) Final agency action under this subsection, includ25 ing such final action on those matters described under 


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1 subsection (a), shall be subject to judicial review in accord2 ance with paragraph (4) and pursuant to section 1391 of 

3 title 28, United States Code, on or before 60 days from 

4 the date of such final action. Any action subject to judicial 

5 review under this subsection shall be affirmed unless the 

6 court concludes that such action is arbitrary, capricious, 

7 or otherwise inconsistent with law. 

8 (3) The availability of judicial review established in 

9 this subsection shall not be construed to limit the oper10 ations of rights under section 504 (relating to citizens 

11 suits). 

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

13 filed under this subsection solely on the record made be14 fore the Secretary or Secretaries concerned. The court 

15 may affirm or vacate any order or decision or may remand 

16 the proceedings to the Secretary or Secretaries for such 

17 further action as it may direct. 

18 (5) The commencement of a proceeding under this 

19 section shall not, unless specifically ordered by the court, 

20 operate as a stay of the action, order, or decision of the 

21 Secretary or Secretaries concerned. 

22 (6)(A) Notwithstanding any other provision of law, 

23 any person who filed an administrative protest or contest 

24 to a patent application may seek judicial review in the ap25 propriate Federal district court of the Secretary’s deterVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 mination regarding the protest or contest, and any deci2 sion to approve or deny, in whole or in part, the patent 

3 application, as well as the issuance of any patent. 

4 (B) Notwithstanding the decision of the United 

5 States Court of Appeals for the Tenth Circuit in High 

6 Country Citizens’ Alliance v. Clarke, 454 F.3d 1177 (10th 

7 Cir. 2006), the appropriate Federal district court has ju8 risdiction to hear any judicial challenge to the Secretary’s 

9 actions described in subparagraph (A), including the chal10 lenge of the plaintiffs in that case. 

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

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

13 equal to the aggregate amount of all costs and expenses 

14 (including attorney fees) as determined by the Secretary 

15 or Secretaries concerned or the court to have been reason16 ably incurred by such person for or in connection with par17 ticipation in such proceedings, including any judicial re18 view of the proceeding, may be assessed against either 

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

20 Secretary or Secretaries concerned in the case of adminis21 trative proceedings, deems proper if it is determined that 

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

23 success on the merits, and that such party made a sub24 stantial contribution to a full and fair determination of 

25 the issues. 


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1 SEC. 506. ENFORCEMENT. 

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

3 Forest System lands the Secretary of Agriculture, or an 

4 authorized representative of such Secretary, determines 

5 that any person is in violation of any environmental pro6 tection requirement under title III or any regulation 

7 issued by the Secretaries to implement this Act, such Sec8 retary or authorized representative shall issue to such per9 son a notice of violation describing the violation and the 

10 corrective measures to be taken. The Secretary concerned, 

11 or the authorized representative of such Secretary, shall 

12 provide such person with a period of time not to exceed 

13 30 days to abate the violation. Such period of time may 

14 be extended by the Secretary concerned upon a showing 

15 of good cause by such person. If, upon the expiration of 

16 time provided for such abatement, the Secretary con17 cerned, or the authorized representative of such Secretary, 

18 finds that the violation has not been abated he shall imme19 diately order a cessation of all mineral activities or the 

20 portion thereof relevant to the violation. 

21 (2) If the Secretary concerned, or the authorized rep22 resentative of the Secretary concerned, determines that 

23 any condition or practice exists, or that any person is in 

24 violation of any environmental protection requirement 

25 under title III or any regulation issued by the Secretaries 


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1 to implement this Act, and such condition, practice or vio2 lation is causing, or can reasonably be expected to cause— 

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

4 of the public; or 

5 (B) significant, imminent environmental harm 

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

7 such Secretary or authorized representative shall imme8 diately order a cessation of mineral activities or the por9 tion thereof relevant to the condition, practice, or viola10 tion. 

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

12 or (2) shall remain in effect until such Secretary, or au13 thorized representative, determines that the condition, 

14 practice, or violation has been abated, or until modified, 

15 vacated or terminated by the Secretary or authorized rep16 resentative. In any such order, the Secretary or authorized 

17 representative shall determine the steps necessary to abate 

18 the violation in the most expeditious manner possible and 

19 shall include the necessary measures in the order. The 

20 Secretary concerned shall require appropriate financial as21 surances to ensure that the abatement obligations are met. 

22 (B) Any notice or order issued pursuant to para23 graphs (1) or (2) may be modified, vacated, or terminated 

24 by the Secretary concerned or an authorized representa25 tive of such Secretary. Any person to whom any such noVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 tice or order is issued shall be entitled to a hearing on 

2 the record. 

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

4 to in paragraph (3)(A) the required abatement has not 

5 occurred, the Secretary concerned shall take such alter6 native enforcement action against the claim holder or op7 erator (or any person who controls the claim holder or op8 erator) as will most likely bring about abatement in the 

9 most expeditious manner possible. Such alternative en10 forcement action may include, but is not necessarily lim11 ited to, seeking appropriate injunctive relief to bring about 

12 abatement. Nothing in this paragraph shall preclude the 

13 Secretary, or for National Forest System lands the Sec14 retary of Agriculture, from taking alternative enforcement 

15 action prior to the expiration of 30 days. 

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

17 controls the claim holder or operator) fails to abate a vio18 lation or defaults on the terms of the permit, the Sec19 retary, or for National Forest System lands the Secretary 

20 of Agriculture, shall forfeit the financial assurance for the 

21 plan as necessary to ensure abatement and reclamation 

22 under this Act. The Secretary concerned may prescribe 

23 conditions under which a surety may perform reclamation 

24 in accordance with the approved plan in lieu of forfeiture. 


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

2 lands the Secretary of Agriculture, shall not cause for3 feiture of the financial assurance while administrative or 

4 judicial review is pending. 

5 (7) In the event of forfeiture, the claim holder, oper6 ator, or any affiliate thereof, as appropriate as determined 

7 by the Secretary by rule, shall be jointly and severally lia8 ble for any remaining reclamation obligations under this 

9 Act. 

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

11 Forest System lands the Secretary of Agriculture, may re12 quest the Attorney General to institute a civil action for 

13 relief, including a permanent or temporary injunction or 

14 restraining order, or any other appropriate enforcement 

15 order, including the imposition of civil penalties, in the dis16 trict court of the United States for the district in which 

17 the mineral activities are located whenever a person— 

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

19 order issued by the Secretary concerned under sub20 section (a); or 

21 (2) interferes with, hinders, or delays the Sec22 retary concerned in carrying out an inspection under 

23 section 503. 

24 Such court shall have jurisdiction to provide such relief 

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


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

2 in effect until the completion or final termination of all 

3 proceedings for review of such order unless the district 

4 court granting such relief sets it aside. 

5 (c) DELEGATION.—Notwithstanding any other provi6 sion of law, the Secretary may utilize personnel of the Of7 fice of Surface Mining Reclamation and Enforcement to 

8 ensure compliance with the requirements of this Act. 

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

10 with any environmental protection requirement under title 

11 III or any regulation issued by the Secretaries to imple12 ment this Act shall be liable for a penalty of not more 

13 than $25,000 per violation. Each day of violation may be 

14 deemed a separate violation for purposes of penalty assess15 ments. 

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

17 a cessation order has been issued under subsection (a) 

18 within the period permitted for its correction shall be as19 sessed a civil penalty of not less than $1,000 per violation 

20 for each day during which such failure continues. 

21 (3) Whenever a corporation is in violation of an envi22 ronmental protection requirement under title III or any 

23 regulation issued by the Secretaries to implement this Act 

24 or fails or refuses to comply with an order issued under 

25 subsection (a), any director, officer, or agent of such corVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 poration who knowingly authorized, ordered, or carried 

2 out such violation, failure, or refusal shall be subject to 

3 the same penalties as may be imposed upon the person 

4 referred to in paragraph (1). 

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

6 or for National Forest System lands the Secretary of Agri7 culture, shall suspend or revoke a permit issued under title 

8 III, in whole or in part, if the operator or person con9 ducting mineral activities— 

10 (1) knowingly made or knowingly makes any 

11 false, inaccurate, or misleading material statement 

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

13 record, report, plan, or other document filed or re14 quired to be maintained under this Act; 

15 (2) fails to abate a violation covered by a ces16 sation order issued under subsection (a); 

17 (3) fails to comply with an order of the Sec18 retary concerned; 

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

20 Act; 

21 (5) fails to maintain an adequate financial as22 surance under section 305; 

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

24 moneys due and owing under this Act; or 


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1 (7) with regard to plans conditionally approved 

2 under section 304(c)(2), fails to abate a violation to 

3 the satisfaction of the Secretary concerned, or if the 

4 validity of the violation is upheld on the appeal 

5 which formed the basis for the conditional approval. 

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

7 who knowingly— 

8 (1) makes any false material statement, rep9 resentation, or certification in, or omits or conceals 

10 material information from, or unlawfully alters, any 

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

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

13 be maintained under this Act; or 

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

15 or fails to install any monitoring device or method 

16 required to be maintained under this Act, 

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

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

19 years, or by both. If a conviction of a person is for a viola20 tion committed after a first conviction of such person 

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

22 not more than $20,000 per day of violation, or by impris23 onment of not more than 4 years, or both. Each day of 

24 continuing violation may be deemed a separate violation 

25 for purposes of penalty assessments. 


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1 (g) KNOWING VIOLATIONS.—Any person who know2 ingly— 

3 (1) engages in mineral activities without a per4 mit required under title III, or 

5 (2) violates any other environmental protection 

6 requirement set forth in title III or any regulation 

7 issued by the Secretaries to implement this Act, any 

8 provision of a permit issued under this Act (includ9 ing any exploration or operations plan on which such 

10 permit is based), or any condition or limitation 

11 thereof, 

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

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

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

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

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

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

19 more than 6 years, or both. 

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

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

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

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

25 2 years, or both. 


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

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

3 a person. 

4 SEC. 507. REGULATIONS; EFFECTIVE DATES. 

5 (a) EFFECTIVE DATE.—The provisions of this Act 

6 shall take effect on the date of enactment of this Act, ex7 cept as otherwise provided in this Act. 

8 (b) REGULATIONS.—The Secretary and the Secretary 

9 of Agriculture may issue such regulations as may be nec10 essary under this Act. The regulations implementing title 

11 II, title III, title IV, and title V that affect the United 

12 States Forest Service shall be joint regulations issued by 

13 both Secretaries, and shall be issued no later than 180 

14 days after the date of enactment of this Act. 

15 Subtitle B—Miscellaneous 

16 Provisions 

17 SEC. 511. OIL SHALE CLAIMS SUBJECT TO SPECIAL RULES. 

18 (a) APPLICATION OF SECTION 511.—Section 511 

19 shall apply to oil shale claims referred to in section 

20 2511(e)(2) of the Energy Policy Act of 1992 (Public Law 

21 102–486). 

22 (b) AMENDMENT.—Section 2511(f) of the Energy 

23 Policy Act of 1992 (Public Law 102–486) is amended as 

24 follows: 


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1 (1) By striking ‘‘as prescribed by the Sec2 retary’’. 

3 (2) By inserting before the period the following: 

4 ‘‘in the same manner as if such claim was subject 

5 to title II and title III of the Hardrock Mining and 

6 Reclamation Act of 2007’’. 

7 SEC. 512. PURCHASING POWER ADJUSTMENT. 

8 The Secretary shall adjust all location fees, claim 

9 maintenance rates, penalty amounts, and other dollar 

10 amounts established in this Act for changes in the pur11 chasing power of the dollar no less frequently than every 

12 5 years following the date of enactment of this Act, em13 ploying the Consumer Price Index for All-Urban Con14 sumers published by the Department of Labor as the basis 

15 for adjustment, and rounding according to the adjustment 

16 process of conditions of the Federal Civil Penalties Infla17 tion Adjustment Act of 1990 (104 Stat. 890). 

18 SEC. 513. SAVINGS CLAUSE. 

19 (a) SPECIAL APPLICATION OF MINING LAWS.—Noth20 ing in this Act shall be construed as repealing or modi21 fying any Federal law, regulation, order, or land use plan, 

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

23 prohibits or restricts the application of the general mining 

24 laws, including laws that provide for special management 

25 criteria for operations under the general mining laws as 


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

2 the extent such laws provide for protection of natural and 

3 cultural resources and the environment greater than re4 quired under this Act, and any such prior law shall remain 

5 in force and effect with respect to claims located (or pro6 posed to be located) or converted under this Act. Nothing 

7 in this Act shall be construed as applying to or limiting 

8 mineral investigations, studies, or other mineral activities 

9 conducted by any Federal or State agency acting in its 

10 governmental capacity pursuant to other authority. Noth11 ing in this Act shall affect or limit any assessment, inves12 tigation, evaluation, or listing pursuant to the Comprehen13 sive Environmental Response, Compensation, and Liabil14 ity Act of 1980 (42 U.S.C. 9601 and following), or the 

15 Solid Waste Disposal Act (42 U.S.C. 3251 and following). 

16 (b) EFFECT ON OTHER FEDERAL LAWS.—The provi17 sions of this Act shall supersede the general mining laws, 

18 except for those parts of the general mining laws respect19 ing location of mining claims that are not expressly modi20 fied by this Act. Except for the general mining laws, noth21 ing in this Act shall be construed as superseding, modi22 fying, amending, or repealing any provision of Federal law 

23 not expressly superseded, modified, amended, or repealed 

24 by this Act. Nothing in this Act shall be construed as al25 tering, affecting, amending, modifying, or changing, diVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 rectly or indirectly, any law which refers to and provides 

2 authorities or responsibilities for, or is administered by, 

3 the Environmental Protection Agency or the Adminis4 trator of the Environmental Protection Agency, including 

5 the Federal Water Pollution Control Act, title XIV of the 

6 Public Health Service Act (the Safe Drinking Water Act), 

7 the Clean Air Act, the Pollution Prevention Act of 1990, 

8 the Toxic Substances Control Act, the Federal Insecticide, 

9 Fungicide, and Rodenticide Act, the Federal Food, Drug, 

10 and Cosmetic Act, the Motor Vehicle Information and 

11 Cost Savings Act, the Federal Hazardous Substances Act, 

12 the Endangered Species Act of 1973, the Atomic Energy 

13 Act, the Noise Control Act of 1972, the Solid Waste Dis14 posal Act, the Comprehensive Environmental Response, 

15 Compensation, and Liability Act of 1980, the Superfund 

16 Amendments and Reauthorization Act of 1986, the Ocean 

17 Dumping Act, the Environmental Research, Development, 

18 and Demonstration Authorization Act, the Pollution Pros19 ecution Act of 1990, and the Federal Facilities Compli20 ance Act of 1992, or any statute containing an amend21 ment to any of such Acts. Nothing in this Act shall be 

22 construed as modifying or affecting any provision of the 

23 Native American Graves Protection and Repatriation Act 

24 (Public Law 101–601) or any provision of the American 

25 Indian Religious Freedom Act (42 U.S.C. 1996), the NaVerDate Aug 31 2005 22:09 May 11, 2007 Jkt 059200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262

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1 tional Historic Preservation Act (6 U.S.C. 4701 et seq.), 

2 and the Religious Freedom Restoration Act of 1993 (42 

3 U.S.C. 2000bb et seq.). 

4 (c) PROTECTION OF CONSERVATION AREAS.—In 

5 order to protect the resources and values of National Con6 servation System units, the Secretary, as appropriate, 

7 shall utilize authority under this Act and other applicable 

8 law to the fullest extent necessary to prevent mineral ac9 tivities that could have an adverse impact on the resources 

10 or values for which such units were established. 

11 SEC. 514. AVAILABILITY OF PUBLIC RECORDS. 

12 Copies of records, reports, inspection materials, or in13 formation obtained by the Secretary or the Secretary of 

14 Agriculture under this Act shall be made immediately 

15 available to the public, consistent with section 552 of title 

16 5, United States Code, in central and sufficient locations 

17 in the county, multicounty, and State area of mineral ac18 tivity or reclamation so that such items are conveniently 

19 available to residents in the area proposed or approved for 

20 mineral activities and on the Internet. 

21 SEC. 515. MISCELLANEOUS POWERS. 

22 (a) IN GENERAL.—In carrying out his or her duties 

23 under this Act, the Secretary, or for National Forest Sys24 tem lands the Secretary of Agriculture, may conduct any 

25 investigation, inspection, or other inquiry necessary and 


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1 appropriate and may conduct, after notice, any hearing 

2 or audit, necessary and appropriate to carrying out his 

3 or her duties. 

4 (b) ANCILLARY POWERS.—In connection with any 

5 hearing, inquiry, investigation, or audit under this Act, the 

6 Secretary, or for National Forest System lands the Sec7 retary of Agriculture, is authorized to take any of the fol8 lowing actions: 

9 (1) Require, by special or general order, any 

10 person to submit in writing such affidavits and an11 swers to questions as the Secretary concerned may 

12 reasonably prescribe, which submission shall be 

13 made within such reasonable period and under oath 

14 or otherwise, as may be necessary. 

15 (2) Administer oaths. 

16 (3) Require by subpoena the attendance and 

17 testimony of witnesses and the production of all 

18 books, papers, records, documents, matter, and ma19 terials, as such Secretary may request. 

20 (4) Order testimony to be taken by deposition 

21 before any person who is designated by such Sec22 retary and who has the power to administer oaths, 

23 and to compel testimony and the production of evi24 dence in the same manner as authorized under para25 graph (3) of this subsection. 


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1 (5) Pay witnesses the same fees and mileage as 

2 are paid in like circumstances in the courts of the 

3 United States. 

4 (c) ENFORCEMENT.—In cases of refusal to obey a 

5 subpoena served upon any person under this section, the 

6 district court of the United States for any district in which 

7 such person is found, resides, or transacts business, upon 

8 application by the Attorney General at the request of the 

9 Secretary concerned and after notice to such person, shall 

10 have jurisdiction to issue an order requiring such person 

11 to appear and produce documents before the Secretary 

12 concerned. Any failure to obey such order of the court may 

13 be punished by such court as contempt thereof and subject 

14 to a penalty of up to $10,000 a day. 

15 (d) ENTRY AND ACCESS.—Without advance notice 

16 and upon presentation of appropriate credentials, the Sec17 retary, or for National Forest System lands the Secretary 

18 of Agriculture, or any authorized representative thereof— 

19 (1) shall have the right of entry to, upon, or 

20 through the site of any claim, mineral activities, or 

21 any premises in which any records required to be 

22 maintained under this Act are located; 

23 (2) may at reasonable times, and without delay, 

24 have access to records, inspect any monitoring 


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1 equipment, or review any method of operation re2 quired under this Act; 

3 (3) may engage in any work and do all things 

4 necessary or expedient to implement and administer 

5 the provisions of this Act; 

6 (4) may, on any mining claim located under the 

7 general mining laws and maintained in compliance 

8 with this Act, and without advance notice, stop and 

9 inspect any motorized form of transportation that 

10 such Secretary has probable cause to believe is car11 rying locatable minerals, concentrates, or products 

12 derived therefrom from a claim site for the purpose 

13 of determining whether the operator of such vehicle 

14 has documentation related to such locatable min15 erals, concentrates, or products derived therefrom as 

16 required by law, if such documentation is required 

17 under this Act; and 

18 (5) may, if accompanied by any appropriate law 

19 enforcement officer, or an appropriate law enforce20 ment officer alone, stop and inspect any motorized 

21 form of transportation which is not on a claim site 

22 if he or she has probable cause to believe such vehi23 cle is carrying locatable minerals, concentrates, or 

24 products derived therefrom from a claim site on 

25 Federal lands or allocated to such claim site. Such 


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1 inspection shall be for the purpose of determining 

2 whether the operator of such vehicle has the docu3 mentation required by law, if such documentation is 

4 required under this Act. 

5 SEC. 516. MULTIPLE MINERAL DEVELOPMENT AND SUR6 FACE RESOURCES. 

7 The provisions of sections 4 and 6 of the Act of Au8 gust 13, 1954 (30 U.S.C. 524 and 526), commonly known 

9 as the Multiple Minerals Development Act, and the provi10 sions of section 4 of the Act of July 23, 1955 (30 U.S.C. 

11 612), shall apply to all mining claims located under the 

12 general mining laws and maintained in compliance with 

13 such laws and this Act. 

14 SEC. 517. MINERAL MATERIALS. 

15 (a) DETERMINATIONS.—Section 3 of the Act of July 

16 23, 1955 (30 U.S.C. 611), is amended as follows: 

17 (1) By inserting ‘‘(a)’’ before the first sentence. 

18 (2) By inserting ‘‘mineral materials, including 

19 but not limited to’’ after ‘‘varieties of’’ in the first 

20 sentence. 

21 (3) By striking ‘‘or cinders’’ and inserting in 

22 lieu thereof ‘‘cinders, and clay’’. 

23 (4) By adding the following new subsection at 

24 the end thereof: 


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1 ‘‘(b)(1) Subject to valid existing rights, after the date 

2 of enactment of the Hardrock Mining and Reclamation 

3 Act of 2007, notwithstanding the reference to common va4 rieties in subsection (a) and to the exception to such term 

5 relating to a deposit of materials with some property giv6 ing it distinct and special value, all deposits of mineral 

7 materials referred to in such subsection, including the 

8 block pumice referred to in such subsection, shall be sub9 ject to disposal only under the terms and conditions of 

10 the Materials Act of 1947. 

11 ‘‘(2) For purposes of paragraph (1), the term ‘valid 

12 existing rights’ means that a mining claim located for any 

13 such mineral material— 

14 ‘‘(A) had and still has some property giving it 

15 the distinct and special value referred to in sub16 section (a), or as the case may be, met the definition 

17 of block pumice referred to in such subsection; 

18 ‘‘(B) was properly located and maintained 

19 under the general mining laws prior to the date of 

20 enactment of the Hardrock Mining and Reclamation 

21 Act of 2007; 

22 ‘‘(C) was supported by a discovery of a valuable 

23 mineral deposit within the meaning of the general 

24 mining laws as in effect immediately prior to the 


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1 date of enactment of the Hardrock Mining and Rec2 lamation Act of 2007; and 

3 ‘‘(D) that such claim continues to be valid 

4 under this Act.’’. 

5 (b) MINERAL MATERIALS DISPOSAL CLARIFICA6 TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C. 

7 612), is amended as follows: 

8 (1) In subsection (b) by inserting ‘‘and mineral 

9 material’’ after ‘‘vegetative’’. 

10 (2) In subsection (c) by inserting ‘‘and mineral 

11 material’’ after ‘‘vegetative’’. 

12 (c) CONFORMING AMENDMENT.—Section 1 of the 

13 Act of July 31, 1947, entitled ‘‘An Act to provide for the 

14 disposal of materials on the public lands of the United 

15 States’’ (30 U.S.C. 601 and following) is amended by 

16 striking ‘‘common varieties of’’ in the first sentence. 

17 (d) SHORT TITLES.— 

18 (1) SURFACE RESOURCES.—The Act of July 

19 23, 1955, is amended by inserting after section 7 

20 the following new section: 

21 ‘‘SEC. 8. This Act may be cited as the ‘Surface Re22 sources Act of 1955’.’’. 

23 (2) MINERAL MATERIALS.—The Act of July 31, 

24 1947, entitled ‘‘An Act to provide for the disposal of 

25 materials on the public lands of the United States’’ 


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1 (30 U.S.C. 601 and following) is amended by insert2 ing after section 4 the following new section: 

3 ‘‘SEC. 5. This Act may be cited as the ‘Materials Act 

4 of 1947’.’’. 

5 (e) REPEALS.—(1) Subject to valid existing rights, 

6 the Act of August 4, 1892 (27 Stat. 348, 30 U.S.C. 161), 

7 commonly known as the Building Stone Act, is hereby re8 pealed. 

9 (2) Subject to valid existing rights, the Act of Janu10 ary 31, 1901 (30 U.S.C. 162), commonly known as the 

11 Saline Placer Act, is hereby repealed. 

Æ 


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