```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 322 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 322

 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

                            January 5, 1993

 Mr. Rahall (for himself, Mr. Miller of California, Mr. Vento, and Mr. 
   Lehman) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

                           September 9, 1993

 Additional sponsors: Mr. Murphy, Mr. DeFazio, Mr. Gordon, Mr. Porter, 
 Mr. Barlow, Mr. McCloskey, Mr. Ravenel, Mr. Price of North Carolina, 
Mr. Reynolds, Mr. Evans, Mr. Olver, Mr. Pallone, Mr. Shays, Mr. Stark, 
 Mr. Reed, Mr. Gilchrest, Mr. Frank of Massachusetts, Mr. Filner, Mr. 
Klein, Ms. Slaughter, Mr. Wynn, Mr. Kreidler, Mr. Meehan, Mr. Gonzalez, 
Mr. Foglietta, Mr. Berman, Mr. Dellums, Ms. Woolsey, Ms. Roybal-Allard, 
  Mr. Jacobs, Mr. Yates, Mr. Lewis of Georgia, Mr. Hilliard, and Mr. 
                                Poshard

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Mineral 
Exploration and Development Act of 1993''.
    (b) Table of Contents.--

              TITLE I--MINERAL EXPLORATION AND DEVELOPMENT

Sec. 101. Definitions, references and coverage
Sec. 102. Lands open to location; rights under this Act.
Sec. 103. Location of mining claims.
Sec. 104. Claim maintenance requirements.
Sec. 105. Penalties.
Sec. 106. Preemption.
Sec. 107. Limitation on patent issuance.
Sec. 108. Multiple mineral development and surface resources.
Sec. 109. Mineral materials.
   TITLE II--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

Sec. 201. Surface management.
Sec. 202. Inspection and enforcement.
Sec. 203. State law and regulation.
Sec. 204. Unsuitability review.
Sec. 205. Lands not open to location.
          TITLE III--ABANDONED MINERALS MINE RECLAMATION FUND

Sec. 301. Abandoned Minerals Mine Reclamation Fund.
Sec. 302. Conforming amendments.
         TITLE IV--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

Sec. 401. Policy functions.
Sec. 402. User fees.
Sec. 403. Regulations; effective dates.
Sec. 404. Transitional rules; mining claims and mill sites.
Sec. 405. Transitional rules; surface management requirements.
Sec. 406. Basis for contest.
Sec. 407. Savings clause claims.
Sec. 408. Severability.
Sec. 409. Purchasing power adjustment.
Sec. 410. Royalty.
Sec. 411. Savings clause.
Sec. 412. Public records.

              TITLE I--MINERAL EXPLORATION AND DEVELOPMENT

SEC. 101. DEFINITIONS, REFERENCES, AND COVERAGE.

    (a) Definitions.--As used in this Act:
            (1) The term ``applicant'' means any person applying for a 
        plan of operations under this Act or a modification to or a 
        renewal of a plan of operations under this Act.
            (2) The term ``claim holder'' means the holder of a mining 
        claim located or converted under this Act. Such term may 
        include an agent of a claim holder.
            (3) The term ``diligence year'' means the annual period 
        commencing on the first day of the first month following the 
        date a mining claim is located under this Act and each annual 
        period thereafter, except as provided under section 404(b)(2).
            (4) The term ``land use plans'' means those plans required 
        under section 202 of the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1712) or the land management plans for 
        National Forest System units required under section 6 of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1604), whichever is applicable.
            (5) The term ``legal subdivisions'' means an aliquot 
        quarter quarter section of land as established by the official 
        records of the public land survey system, or a single lot as 
        established by the official records of the public land survey 
        system if the pertinent section is irregular and contains 
        fractional lots, as the case may be.
            (6) The term ``locatable mineral'' means any mineral not 
        subject to disposition under any of the following:
                    (A) the Mineral Leasing Act (30 U.S.C. 181 and 
                following);
                    (B) the Geothermal Steam Act of 1970 (30 U.S.C. 100 
                and following);
                    (C) the Act of July 31, 1947, commonly known as the 
                Materials Act of 1947 (30 U.S.C. 601 and following); or
                    (D) the Mineral Leasing for Acquired Lands Act (30 
                U.S.C. 351 and following).
            (7) The term ``mineral activities'' means any activity for, 
        related to or incidental to mineral exploration, mining, 
        beneficiation and processing activities for any locatable 
        mineral, including access. When used with respect to this 
        term--
                    (A) the term ``exploration'' means those techniques 
                employed to locate the presence of a locatable mineral 
                deposit and to establish its nature, position, size, 
                shape, grade and value;
                    (B) the term ``mining'' means the processes 
                employed for the extraction of a locatable mineral from 
                the earth;
                    (C) the term ``beneficiation'' means the crushing 
                and grinding of locatable mineral ore and such 
                processes are employed to free the mineral from other 
                constituents, including but not necessarily limited to, 
                physical and chemical separation techniques; and
                    (D) the term ``processing'' means processes 
                downstream of beneficiation employed to prepare 
                locatable mineral ore into the final marketable 
                product, including but not limited to, smelting and 
                electrolytic refining.
            (8) The term ``mining claim'' means a claim for the 
        purposes of mineral activities.
            (9) The term ``National Conservation System unit'' means 
        any unit of the National Park System, National Wildlife Refuge 
        System, National Wild and Scenic Rivers System, National Trails 
        System, or a National Conservation Area, National Recreation 
        Area, or a National Forest Monument.
            (10) The term ``operator'' means any person, partnership or 
        corporation with a plan of operations approved under this Act.
            (11) The term ``Secretary'' means, unless otherwise 
        provided in this Act--
                    (A) the Secretary of the Interior for the purposes 
                of title I and title III;
                    (B) the Secretary of the Interior with respect to 
                land under the jurisdiction of such Secretary and all 
                other lands subject to this Act (except for lands under 
                the jurisdiction of the Secretary of Agriculture) for 
                the purposes of title II; and
                    (C) the Secretary of Agriculture with respect to 
                lands under the jurisdiction of the Secretary of 
                Agriculture for the purposes of title II.
            (12) The term ``substantial legal and financial 
        commitments'' means significant investments that have been made 
        to develop mining claims under the general mining laws such as: 
        long-term contracts for minerals produced; processing, 
        beneficiation, or extraction facilities and transportation 
        infrastructure; or other capital-intensive activities. Costs of 
        acquiring the mining claim or claims, or the right to mine 
        alone without other significant investments as detailed above, 
        are not sufficient to constitute substantial legal and 
        financial commitments.
            (13) The term ``surface management requirements'' means the 
        requirements and standards of section 201, section 203 and 
        section 204 of this Act, and such other standards as are 
        established by the Secretary governing mineral activities and 
        reclamation.
    (b) References.--(1) Any reference in this Act to the term 
``general mining laws'' is a reference to those Acts which generally 
comprise 30 U.S.C. chapters 2, 12A, and 16, and sections 161 and 162.
    (2) Any reference in this Act to the ``Act of July 23, 1955'', is a 
reference to the Act of July 23, 1955, entitled ``An Act to amend the 
Act of July 31, 1947 (61 Stat. 681) and the mining laws to provide for 
multiple use of the surface of the same tracts of the public lands, and 
for other purposes.'' (30 U.S.C. 601 and following).
    (c) Coverage.--This Act shall apply only to mineral activities and 
reclamation on lands and interests in land which are open to location 
as provided in this Act.

SEC. 102. LANDS OPEN TO LOCATION; RIGHTS UNDER THIS ACT.

    (a) Open Lands.--Mining claims may be located under this Act on 
lands and interests in lands owned by the United States to the extent 
that --
            (1) such lands and interests were open to the location of 
        mining claims under the general mining laws on the date of 
        enactment of this Act;
            (2) such lands and interests are opened to the location of 
        mining claims by reason of section 204(f) or section 205 of 
        this Act; and
            (3) such lands and interests are opened to the location of 
        mining claims after the date of enactment of this Act by reason 
        of any administrative action or statute.
    (b) Rights.--The holder of a mining claim located or converted 
under this Act and maintained in compliance with this Act shall have 
the exclusive right of possession and use of the claimed land for 
mineral activities, including the right of ingress and egress to such 
claimed lands for such activities, subject to the rights of the United 
States under section 108 and title II.

SEC. 103. LOCATION OF MINING CLAIMS.

    (a) General Rule.--A person may locate a mining claim covering 
lands open to the location of mining claims by posting a notice of 
location, containing the person's name and address, the time of 
location (which shall be the date and hour of location and posting), 
and a legal description of the claim. The notice of location shall be 
posted on a conspicuous, durable monument erected as near as 
practicable to the northeast corner of the mining claim. No person who 
is not a citizen, or a corporation organized under the laws of the 
United States or of any State or the District of Columbia may locate or 
hold a claim under this Act.
    (b) Use of Public Land Survey.--Except as provided in subsection 
(c), each mining claim located under this Act shall (1) be located in 
accordance with the public land survey system, and (2) conform to the 
legal subdivisions thereof. Except as provided in subsection (c), the 
legal description of the mining claim shall be based on the public land 
survey system and its legal subdivisions.
    (c) Exceptions.--(1) If only a protracted survey exists for the 
public lands concerned, each of the following shall apply in lieu of 
subsection (b):
            (A) The legal description of the mining claim shall be 
        based on the protracted survey and the mining claim shall be 
        located as near as practicable in conformance with a protracted 
        legal subdivision.
            (B) The mining claim shall be monumented on the ground by 
        the erection of a conspicuous durable monument at each corner 
        of the claim.
            (C) The legal description of the mining claim shall include 
        a reference to any existing survey monument, or where no such 
        monument can be found within a reasonable distance, to a 
        permanent natural object.
    (2) If no survey exists for the public lands concerned, each of the 
following shall apply in lieu of subsection (b):
            (A) The mining claim shall be a regular square, with each 
        side laid out in cardinal directions, 40 acres in size.
            (B) The claim shall be monumented on the ground by the 
        erection of a conspicuous durable monument at each corner of 
        the claim.
            (C) The legal description of the mining claim shall be 
        expressed in metes and bounds and shall include a reference to 
        any existing survey monument, or where no such monument can be 
        found within a reasonable distance, to a permanent natural 
        object. Such description shall be of sufficient accuracy and 
        completeness to permit recording of the claim upon the public 
        land records and to permit the Secretary and other parties to 
        find the claim upon the ground.
    (3) In the case of a conflict between the boundaries of a mining 
claim as monumented on the ground and the description of such claim in 
the notice of location referred to in subsection (a), the notice of 
location shall be determinative.
    (d) Filing With Secretary.--(1) Within 30 days after the location 
of a mining claim pursuant to this section, a copy of the notice of 
location referred to in subsection (a) shall be filed with the 
Secretary in an office designated by the Secretary.
    (2) Whenever the Secretary receives a copy of a notice of location 
of a mining claim under this Act, the Secretary shall assign a serial 
number to the mining claim, and immediately return a copy of the notice 
of location to the locator of the claim, together with a certificate 
setting forth the serial number, a description of the claim, and the 
claim maintenance requirements of section 104. The Secretary shall 
enter the claim on the public land records.
    (e) Lands Covered by Claim.--A mining claim located under this Act 
shall include all lands and interests in lands open to location within 
the boundaries of the claim, subject to any prior mining claim 
referenced under subsections (c) and (d) of section 404.
    (f) Date of Location.--A mining claim located under this Act shall 
be effective based upon the time of location.
    (g) Conflicting Locations.--Any conflicts between the holders of 
mining claims located or converted under this Act relating to relative 
superiority under the provisions of this Act may be resolved in 
adjudication proceedings before the Secretary. Such adjudication shall 
be determined on the record after opportunity for hearing. It shall be 
incumbent upon the holder of a mining claim asserting superior rights 
in such proceedings to demonstrate to the Secretary that such person 
was the senior locator, or if such person is the junior locator, that 
prior to the location of the claim by such locator--
            (1) the senior locator failed to file a copy of the notice 
        of location within the time provided under subsection (d);
            (2) the amount of rental paid by the senior locator at the 
        time of filing the instrument referred to in subsection 
        104(d)(1) was less than the amount required to be paid by such 
        locator; or
            (3) the senior locator did not make the diligent 
        development expenditures reported on the most recent affidavit 
        filed with the instrument referred to in subsection 104(d)(1), 
        or such expenditures did not comply with the requirements of 
        subsection 104(b).
    (h) Extent of Mineral Deposit.--The boundaries of a mining claim 
located under this Act shall extend vertically downward.

SEC. 104. CLAIM MAINTENANCE REQUIREMENTS.

    (a) In General.--(1) Except as provided under subsection (b), in 
order to maintain a mining claim under this Act a claim holder shall 
pay an annual rental fee. The rental fee shall be paid on the basis of 
all land within the boundaries of a mining claim (as described in 
notice of location filed under section 103(d)) at a rate established by 
the Secretary of not less than--
            (A) $5 per acre in each of the first through fifth 
        diligence years following location of the claim;
            (B) $10 per acre in each of the sixth through tenth 
        diligence years following location of the claim;
            (C) $15 per acre in each of the eleventh through fifteenth 
        diligence years following location of the claim;
            (D) $20 per acre in each of the sixteenth through twentieth 
        diligence years following location of the claim; and
            (E) $25 per acre in the twenty-first diligence year 
        following location of the claim, and each diligence year 
        thereafter.
    (2) The rental fee shall be due and payable at the time the claim 
holder files the instrument required under subsection (d)(1).
    (3) The Secretary shall deposit all moneys received from rental 
fees collected under this subsection into the Fund referred to in title 
III.
    (b) Diligent Development Expenditures.--(1) A claim holder may 
elect to reduce the amount of the rental fee required under subsection 
(a) by the amount of diligent development expenditures made for mineral 
activities on or to the benefit of a mining claim during the same 
diligence year to which the rental fee would otherwise apply, except 
that in no event shall such reduction cause less than an annual rental 
fee of $2.50 per acre of all land within the boundaries of a mining 
claim (as described in notice of location filed under section 103(d)) 
to be paid. Such expenditures made for mineral activities on or to the 
benefit of any one claim, or more than one claim in a group of 
contiguous claims held by the same claim holder, may be deemed to have 
been performed for the benefit of the entire group of contiguous claims 
so long as the sum total of the expenditures equals the total amount of 
expenditures that would have been made if such expenditures had been 
made on or to the benefit of each individual claim in the group.
    (2) Diligent development expenditures shall include those made for 
any of the following:
            (A) Investigations and surveys, including geotechnical, 
        geological, geophysical or geochemical surveys.
            (B) Bulk mineral sampling and testing.
            (C) Drilling.
            (D) Environmental and engineering studies.
            (E) The reclamation and restoration of land disturbed by 
        mineral activities during exploration.
            (F) Such other activities that constituted assessment work 
        under the general mining laws prior to the date of enactment of 
        this Act.
            (G) Such other mineral activities as the Secretary may, by 
        rule, establish.
    (3) In the event a claim holder elects to reduce the amount of the 
rental fee under paragraph (1), such claim holder shall file an 
affidavit under this paragraph at the time such claim holder files the 
instrument required under subsection (d)(1). The affidavit shall 
contain a detailed description of the value and nature of all diligent 
development expenditures made under this subsection and shall be of 
sufficient detail as to permit validation by the Secretary of the 
expenditure amounts and beneficial nature of the expenditures.
    (4) A claim holder shall maintain documentary proof of diligent 
development expenditures reported on the affidavit referred to in 
paragraph (3) for a period of 5 years after the diligence year to which 
such expenditures apply. Such documentary proof shall be made available 
at the request of the Secretary for the purpose of the validation 
referred to in paragraph (3) and the audit referred to in subsection 
(f).
    (c) Minimum Rental.--(1) A claim holder shall only be required to 
pay a minimum annual rental fee of $2.50 per acre of all land within 
the boundaries of a mining claim (as described in notice of location 
filed under section 103(d)) under any of the following circumstances:
            (A) If a claim holder demonstrates to the Secretary that 
        such claim holder is prevented from making diligent development 
        expenditures under subsection (b) by reason of--
                    (i) any judicial proceeding or administrative 
                action; or
                    (ii) the fact that the mining claim or group of 
                contiguous claims is surrounded by lands over which a 
                right-of-way for the performance of such requirement 
                has been denied, is in litigation, or is in the process 
                of acquisition under State law, or that other legal 
                impediments exist which affect the right of the 
                claimant to enter upon the surface of such claim or 
                group of contiguous claims or to gain access to the 
                boundaries thereof or to conduct mineral activities 
                thereon;
        pursuant to such rules as the Secretary may prescribe governing 
        the length and termination of the minimum rental requirement.
            (B) By reason of section 5 of Public Law 94-429, commonly 
        known as the Mining in the Parks Act, for any claim subject to 
        such section after the conversion of such claim under section 
        404.
            (C) By reason of such other laws that heretofore removed 
        the applicability of the assessment work requirement of the 
        general mining laws for any claim subject to such laws after 
        the conversion of such claim under section 404.
    (2) The rental fee shall be due and payable at the time the claim 
holder files the instrument required under subsection (d)(1). Included 
with such instrument shall be a statement setting forth the reasons why 
the claim holder is only required to pay the minimum rental.
    (3) The Secretary shall deposit all moneys received from rental 
fees collected under this subsection into the Fund referred to in title 
III.
    (d) Instrument.--(1) In order to maintain a mining claim under this 
Act, a claim holder shall, on or before the date which is the last day 
of the third calendar month after the anniversary date of each 
diligence year for such claim, file an instrument with the Secretary 
containing the name and address of the claim holder and the serial 
number assigned to the claim pursuant to section 103(d). The instrument 
shall be accompanied by, as the case may be, the following--
            (A) the rental fee required for the applicable diligence 
        year referred to in subsection (a)(1);
            (B) the amount of rental fee required due to the reduction 
        of such fee by diligent development expenditures under 
        subsection (b)(1), and the affidavit referred to in subsection 
        (b)(3); or
            (C) the minimum rental fee referred to in subsection (c)(1) 
        and the statement referred to in subsection (c)(2).
    (2) If, in any diligence year, a claim holder fails to file the 
instrument referred to in paragraph (1) within the period referred to 
in such paragraph or fails, in any respect, to comply with the 
requirements of paragraph (1), the Secretary shall immediately provide 
notice thereof to the claim holder and after 30 days from the date of 
such notice the claim shall be deemed forfeited and such claim shall be 
null and void, except as provided under subsection (e). Such notice 
shall be sent to the claim holder by registered or certified mail to 
the address provided by such claim holder in the notice of location 
referred to in section 103(a) or on the last instrument referred to in 
subsection (d)(1) filed by such claim holder, whichever is most recent. 
In the event such notice is returned as undelivered, the Secretary 
shall be deemed to have fulfilled the notice requirements of this 
paragraph.
    (e) Failure to Comply.--(1) No claim may be deemed forfeited and 
declared null and void by the Secretary due to a failure to comply with 
the requirements referred to in subsection (d) if the claim holder 
corrects such failure to the satisfaction of the Secretary within 10 
days after the date such claim holder was required to file the 
instrument referred to in subsection (d)(1).
    (2) No claim may be deemed forfeited and declared null and void by 
the Secretary due to a failure to comply with the requirements referred 
to in subsection (d) if, within 10 days after date of the notice 
referred to in subsection (d)(2), the claim holder corrects such 
failure to the satisfaction of the Secretary, and if the Secretary 
determines that such failure was justifiable or not due to a lack of 
reasonable diligence on the part of the claim holder, or that such 
failure was inadvertent.
    (f) Audits.--The Secretary is authorized to conduct such audits of 
claim holders as he deems necessary for the purpose of ensuring 
compliance with the requirements of this section. For purposes of 
performing such audits, the Secretary shall, at reasonable times and 
upon request, have access to, and may copy, all books, papers and other 
documents that relate to compliance with this section of any person 
subject to the provisions of this section.

SEC. 105. PENALTIES.

    (a) Violation.--Any claim holder who--
            (1) knowingly or willfully posts on a mining claim or files 
        a notice of location with the Secretary under section 103 that 
        contains false, inaccurate or misleading statements;
            (2) knowingly or willfully prepares, maintains, or submits 
        false, inaccurate, or misleading information on diligent 
        development expenditures on the affidavit referred to in 
        section 104(b)(3); or
            (3) fails or refuses to permit an audit pursuant to section 
        104(f);
shall be liable for a penalty of not more than $5,000 per violation. 
Each day of continuing violation may be deemed a separate violation for 
purposes of penalty assessments.
    (b) Review.--No civil penalty under this section shall be assessed 
until the claim holder charged with the violation has been given the 
opportunity for a hearing on the record under section 202(f).

SEC. 106. PREEMPTION.

    The requirements of this title shall preempt any conflicting 
requirements of any State, or political subdivision thereof relating to 
the location and maintenance of mining claims as provided for by this 
Act. The filing requirements of section 314 of the Federal Land Policy 
and Management Act (43 U.S.C. 1744) shall not apply with respect to any 
mining claim located or converted under this Act.

SEC. 107. LIMITATION ON PATENT ISSUANCE.

    (a) Mining Claims.--After January 5, 1993, no patent shall be 
issued by the United States for any mining claim located under the 
general mining laws unless the Secretary of the Interior determines 
that, for the claim concerned--
            (1) a patent application was filed with the Secretary on or 
        before January 5, 1993; and
            (2) all requirements established under sections 2325 and 
        2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or 
        lode claims and sections 2329, 2330, 2331, and 2333 of the 
        Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims 
        were fully complied with by that date.
If the Secretary makes the determinations referred to in paragraphs (1) 
and (2) for any mining claim, the holder of the claim shall be entitled 
to the issuance of a patent in the same manner and degree to which such 
claim holder would have been entitled to prior to the enactment of this 
Act, unless and until such determinations are withdrawn or invalidated 
by the Secretary or by a court of the United States.
    (b) Mill Sites.--After January 5, 1993, no patent shall be issued 
by the United States for any mill site claim located under the general 
mining laws unless the Secretary of the Interior determines that for 
the mill site concerned--
            (1) a patent application for such land was filed with the 
        Secretary on or before January 5, 1993; and
            (2) all requirements applicable to such patent application 
        were fully complied with by that date.
If the Secretary makes the determinations referred to in paragraphs (1) 
and (2) for any mill site claim, the holder of the claim shall be 
entitled to the issuance of a patent in the same manner and degree to 
which such claim holder would have been entitled to prior to the 
enactment of this Act, unless and until such determinations are 
withdrawn or invalidated by the Secretary or by a court of the United 
States.

SEC. 108. MULTIPLE MINERAL DEVELOPMENT AND SURFACE RESOURCES.

    (a) In General.--The provisions of sections 4 and 6 of the Act of 
August 13, 1954 (30 U.S.C. 524 and 526), commonly known as the Multiple 
Minerals Development Act, and the provisions of section 4 of the Act of 
July 23, 1955 (30 U.S.C. 612), shall apply to all mining claims located 
or converted under this Act.
    (b) Enforcement.--The Secretary of the Interior, or the Secretary 
of Agriculture, as the case may be, shall take such actions as may be 
necessary to ensure the compliance by claim holders with section 4 of 
the Act of July 23, 1955 (30 U.S.C. 612).

SEC. 109. MINERAL MATERIALS.

    (a) Determinations.--Section 3 of the Act of July 23, 1955 (30 
U.S.C. 611), is amended as follows:
            (1) Insert ``(a)'' before the first sentence.
            (2) Strike ``or cinders'' and insert in lieu thereof 
        ``cinders, or clay''.
            (3) Add the following new subsection at the end thereof:
    ``(b)(1) Subject to valid existing rights, after the date of 
enactment of the Mineral Exploration and Development Act of 1993, all 
deposits of mineral materials referred to in subsection (a), including 
the block pumice referred to in such subsection, shall only be subject 
to disposal under the terms and conditions of the Materials Act of 
1947.
    ``(2) For purposes of paragraph (1), the term `valid existing 
rights' means that a mining claim located for any such mineral material 
had some property giving it the distinct and special value referred to 
in subsection (a), or as the case may be, met the definition of block 
pumice referred to in such subsection, was properly located and 
maintained under the general mining laws prior to the date of enactment 
of the Mineral Exploration and Development Act of 1993, and was 
supported by a discovery of a valuable mineral deposit within the 
meaning of the general mining laws on the date of enactment of the 
Mineral Exploration and Development Act of 1993 and that such claim 
continues to be valid.''.
    (b) Mineral Materials Disposal Clarification.--Section 4 of the Act 
of July 23, 1955 (30 U.S.C. 612), is amended as follows:
            (1) In subsection (b) insert ``and mineral material'' after 
        ``vegetative''.
            (2) In subsection (c) insert ``and mineral material'' after 
        ``vegetative''.
    (c) Conforming Amendment.--Section 1 of the Act of July 31, 1947, 
entitled ``An Act to provide for the disposal of materials on the 
public lands of the United States'' (30 U.S.C. 601 and following) is 
amended by striking ``common varieties of'' in the first sentence.
    (d) Short Titles.--
            (1) Surface resources.--The Act of July 23, 1955, is 
        amended by inserting after section 7 the following new section:
    ``Sec. 8. This Act may be cited as the `Surface Resources Act of 
1955'.''.
            (2) Mineral materials.--The Act of July 31, 1947, entitled 
        ``An Act to provide for the disposal of materials on the public 
        lands of the United States'' (30 U.S.C. 601 and following) is 
        amended by inserting after section 4 the following new section:
    ``Sec. 5. This Act may be cited as the `Materials Act of 1947'.''.
    (e) Repeal.--(1) The Act of August 4, 1892 (27 Stat. 348) commonly 
known as the Building Stone Act is hereby repealed.
    (2) The Act of January 31, 1901 (30 U.S.C. 162) commonly known as 
the Saline Placer Act is hereby repealed.

   TITLE II--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

SEC. 201. SURFACE MANAGEMENT.

    (a) In General.--Notwithstanding the last sentence of section 
302(b) of the Federal Land Policy and Management Act of 1976, and in 
accordance with this title and other applicable law, the Secretary 
shall require that mineral activities and reclamation be conducted so 
as to minimize adverse impacts to the environment.
    (b) Plans of Operation.--(1) Except as provided under paragraph 
(2), no person may engage in mineral activities that may cause a 
disturbance of surface resources unless such person has filed a plan of 
operations with, and received approval of such plan of operations, from 
the Secretary.
    (2)(A) A plan of operations may not be required for mineral 
activities related to exploration that cause a negligible disturbance 
of surface resources not involving the use of mechanized earth moving 
equipment, suction dredging, explosives, the use of motor vehicles in 
areas closed to off-road vehicles, the construction of roads, drill 
pads, or the use of toxic or hazardous materials.
    (B) A plan of operations may not be required for mineral activities 
related to exploration that, after notice to the Secretary, involve 
only a minimal and readily reclaimable disturbance of surface resources 
related to and including initial test drilling not involving the 
construction of access roads, except activities under notice shall not 
commence until an adequate financial guarantee is established for such 
activities pursuant to subsection (l).
    (c) Contents of Plans.--Each proposed plan of operations shall 
include a mining permit application and a reclamation plan together 
with such documentation as necessary to ensure compliance with 
applicable Federal and State environmental laws and regulations.
    (d) Mining Permit Application Requirements.--The mining permit 
referred to in subsection (c) shall include such terms and conditions 
as prescribed by the Secretary, and each of the following:
            (1) The name and mailing address of--
                    (A) the applicant for the mining permit;
                    (B) the operator if different than the applicant;
                    (C) each claim holder of the lands subject to the 
                plan of operations if different than the applicant;
                    (D) any subsidiary, affiliate or person controlled 
                by or under common control with the applicant, or the 
                operator or each claim holder, if different than the 
                applicant; and
                    (E) the owner or owners of any land, or interests 
                in any such land, not subject to this Act, within or 
                adjacent to the proposed mineral activities.
            (2) A statement of any plans of operation held by the 
        applicant, operator or each claim holder if different than the 
        applicant, or any subsidiary, affiliate, or person controlled 
        by or under common control with the applicant, operator or each 
        claim holder if different than the applicant.
            (3) A statement of whether the applicant, operator or each 
        claim holder if different than the applicant, and any 
        subsidiary, affiliate, or person controlled by or under common 
        control with the applicant, operator or each claim holder if 
        different than the applicant has an outstanding violation of 
        this Act, any surface management requirements, or applicable 
        air and water quality laws and regulations and if so, a brief 
        explanation of the facts involved, including identification of 
        the site and the nature of the violation.
            (4) A description of the type and method of mineral 
        activities proposed, the engineering techniques proposed to be 
        used and the equipment proposed to be used.
            (5) The anticipated starting and termination dates of each 
        phase of the mineral activities proposed.
            (6) A map, to an appropriate scale, clearly showing the 
        land to be affected by the proposed mineral activities.
            (7) A description of the quantity and quality of surface 
        and ground water resources within and along the boundaries of, 
        and adjacent to, the area subject to mineral activities based 
        on 12 months of pre-disturbance monitoring.
            (8) A description of the biological resources found in or 
        adjacent to the area subject to mineral activities, including 
        vegetation, fish and wildlife, riparian and wetland habitats.
            (9) A description of the monitoring systems to be used to 
        detect and determine whether compliance has and is occurring 
        consistent with the surface management requirements and to 
        regulate the effects of mineral activities and reclamation on 
        the site and surrounding environment, including but not limited 
        to, groundwater, surface water, air and soils.
            (10) Accident contingency plans that include, but are not 
        limited to, immediate response strategies, corrective measures 
        to mitigate impacts to fish and wildlife, ground and surface 
        waters, notification procedures and waste handling and toxic 
        material neutralization.
            (11) Any measures to comply with any conditions on minerals 
        activities and reclamation that may be required in the 
        applicable land use plan, including any condition stipulated 
        pursuant to section 204(d)(1)(B).
            (12) A description of measures planned to exclude fish and 
        wildlife resources from the area subject to mineral activities 
        by covering, containment, or fencing of open waters, 
        beneficiation, and processing materials; or maintenance of all 
        facilities in a condition that is not harmful to fish and 
        wildlife.
            (13) Such environmental baseline data as the Secretary, by 
        rule, shall require sufficient to validate the determinations 
        required for plan approval under this Act.
    (e) Reclamation Plan Application Requirements.--The reclamation 
plan referred to in subsection (c) shall include such terms and 
conditions as prescribed by the Secretary, and each of the following:
            (1) A description of the condition of the land subject to 
        the mining permit prior to the commencement of any mineral 
        activities.
            (2) A description of reclamation measures proposed pursuant 
        to the requirements of subsections (m) and (n).
            (3) The engineering techniques to be used in reclamation 
        and the equipment proposed to be used.
            (4) The anticipated starting and termination dates of each 
        phase of the reclamation proposed.
            (5) A description of the proposed condition of the land 
        following the completion of reclamation.
            (6) A description of the maintenance measures that will be 
        necessary to meet the surface management requirements of this 
        Act, such as, but not limited to, drainage water treatment 
        facilities, or liner maintenance and control.
            (7) The consideration which has been given to making the 
        condition of the land after the completion of mineral 
        activities and final reclamation consistent with the applicable 
        land use plan.
    (f) Public Participation.--(1) Concurrent with submittal of a plan 
of operations, or a renewal application for a plan of operations, the 
applicant shall publish a notice in a newspaper of local circulation 
for 4 consecutive weeks that shall include: the name of the applicant, 
the location of the proposed mineral activities, the type and expected 
duration of the proposed mineral activities, and the intended use of 
the land after the completion of mineral activities and reclamation. 
The Secretary shall also notify in writing other Federal, State and 
local government agencies that regulate mineral activities or land 
planning decisions in the area subject to mineral activities.
    (2) Copies of the complete proposed plan of operations shall be 
made available for public review for 30 days at the office of the 
responsible Federal surface management agency located nearest to the 
location of the proposed mineral activities, and at the county 
courthouse of the county in which the mineral activities are proposed 
to be located, prior to final decision by the Secretary. During this 
period, any person and the authorized representative of a Federal, 
State or local governmental agency shall have the right to file written 
comments relating to the approval or disapproval of the plan of 
operations. The Secretary shall immediately make such comments 
available to the applicant.
    (3) Any person that is or may be adversely affected by the proposed 
mineral activities may request, after filing written comments pursuant 
to paragraph (2), a public hearing to be held in the county in which 
the mineral activities are proposed. If a hearing is requested, the 
Secretary shall conduct a hearing. When a hearing is to be held, notice 
of such hearing shall be published in a newspaper of local circulation 
for 2 weeks prior to the hearing date.
    (g) Plan Approval.--(1) After providing notice and opportunity for 
public comment and hearing, the Secretary may approve, require 
modifications to, or deny a proposed plan of operations, except as 
provided in section 405. To approve a plan of operations, the Secretary 
shall make each of the following determinations:
            (A) The mining permit application and reclamation plan are 
        complete and accurate.
            (B) The applicant has demonstrated that reclamation as 
        required by this Act can be accomplished under the reclamation 
        plan and would have a high probability of success based on an 
        analysis of such reclamation measures in areas of similar 
        geochemistry, topography and hydrology.
            (C) The proposed mineral activities, reclamation and 
        condition of the land after the completion of mineral 
        activities and final reclamation would be consistent with the 
        land use plan applicable to the area subject to mineral 
        activities.
            (D) The area subject to the proposed plan of operations is 
        not included within an area designated unsuitable under section 
        204 for the types of mineral activities proposed.
            (E) The applicant has demonstrated that the plan of 
        operations will be in compliance with the requirements of all 
        other applicable Federal requirements, and any State 
        requirements agreed to by the Secretary pursuant to subsection 
        203(c).
    (2) Final approval of a plan of operations under this subsection 
shall be conditioned upon compliance with subsection (l) and, based on 
information supplied by the applicant, a determination of the probable 
hydrologic consequences of the proposed mineral activities and 
reclamation.
    (3)(A) A plan of operations under this section shall not be 
approved if the applicant, operator, or any claim holder if different 
than the applicant, or any subsidiary, affiliate, or person controlled 
by or under common control with the applicant, operator or each claim 
holder if different than the applicant, is currently in violation of 
this Act, any surface management requirement or of any applicable air 
and water quality laws and regulations at any site where mineral 
activities have occurred or are occurring.
    (B) The Secretary shall suspend an approved plan of operations if 
the Secretary determines that any of the entities described in section 
201(d)(1) were in violation of the surface management requirements at 
the time the plan of operations was approved.
    (C) A plan of operations referred to in this subsection shall not 
be approved or reinstated, as the case may be, until the applicant 
submits proof that the violation has been corrected or is in the 
process of being corrected to the satisfaction of the Secretary; except 
that no proposed plan of operations, after opportunity for a hearing, 
shall be approved for any applicant, operator or each claim holder if 
different than the applicant with a demonstrated pattern of willful 
violations of the surface management requirements of such nature and 
duration and with such resulting irreparable damage to the environment 
as to clearly indicate an intent not to comply with the surface 
management requirements.
    (h) Term of Permit; Renewal.--(1) The approval of a plan of 
operations shall be for a stated term. The term shall be no greater 
than that necessary to accomplish the proposed operations, and in no 
case for more than 10 years, unless the applicant demonstrates that a 
specified longer term is reasonably needed to obtain financing for 
equipment and the opening of the operation.
    (2) Failure by the operator to commence mineral activities within 
one year of the date scheduled in an approved plan of operations shall 
be deemed to require a modification of the plan.
    (3) A plan of operations shall carry with it the right of 
successive renewal upon expiration only with respect to operations on 
areas within the boundaries of the existing plan of operations, as 
approved. An application for renewal of such plan of operations shall 
be approved unless the Secretary determines, in writing, any of the 
following:
            (A) The terms and conditions of the existing plan of 
        operations are not being met.
            (B) Mineral activities and reclamation activities as 
        approved under the plan of operations are not in compliance 
        with the surface management requirements of this Act.
            (C) The operator has not demonstrated that the financial 
        guarantee would continue to apply in full force and effect for 
        the renewal term.
            (D) Any additional revised or updated information required 
        by the Secretary has not been provided.
            (E) The applicant has not demonstrated that the plan of 
        operations will be in compliance with the requirements of all 
        other applicable Federal requirements, and any State 
        requirements agreed to by the Secretary pursuant to subsection 
        203(c).
    (4) A renewal of a plan of operations shall be for a term not to 
exceed the period of the original plan as provided in paragraph (1). 
Application for plan renewal shall be made at least 120 days prior to 
the expiration of an approved plan.
    (5) Any person that is, or may be, adversely affected by the 
proposed mineral activities may request a public hearing to be held in 
the county in which the mineral activities are proposed. If a hearing 
is requested, the Secretary shall conduct a hearing. When a hearing is 
held, notice of such hearing shall be published in a newspaper of local 
circulation for 2 weeks prior to the hearing date.
    (i) Plan Modification.--(1) Except as provided under section 405, 
during the term of a plan of operations the operator may submit an 
application to modify the plan. To approve a proposed modification to a 
plan of operations the Secretary shall make the determinations set 
forth under subsection (g)(1). The Secretary shall establish guidelines 
regarding the extent to which requirements for plans of operations 
under this section shall apply to applications to modify a plan of 
operations based on whether such modifications are deemed significant 
or minor; except that: (A) any significant modifications shall at a 
minimum be subject to subsection (f), and (B) any modification 
proposing to extend the area covered by the plan of operations (except 
for incidental boundary revisions) must be made by application for a 
new plan of operations.
    (2) The Secretary may, upon a review of a plan of operations or a 
renewal application, require reasonable modification to such plan upon 
a determination that the requirements of this Act cannot be met if the 
plan is followed as approved. Such determination shall be based on a 
written finding and subject to notice and hearing requirements 
established by the Secretary.
    (j) Temporary Cessation of Operations.--(1) Before temporarily 
ceasing mineral activities or reclamation for a period of 180 days or 
more under an approved plan of operations or portions thereof, an 
operator shall first submit a complete application for temporary 
cessation of operations to the Secretary for approval.
    (2) The application for approval of temporary cessation of 
operations shall include such terms and conditions as prescribed by the 
Secretary, including but not limited to the steps that shall be taken 
during the cessation of operations period to minimize impacts on the 
environment. After receipt of a complete application for temporary 
cessation of operations the Secretary shall conduct an inspection of 
the area for which temporary cessation of operations has been 
requested.
    (3) To approve an application for temporary cessation of 
operations, the Secretary shall make each of the following 
determinations:
            (A) The methods for securing surface facilities and 
        restricting access to the permit area, or relevant portions 
        thereof, shall effectively ensure against hazards to the health 
        and safety of the public and fish and wildlife.
            (B) Reclamation is contemporaneous with mineral activities 
        as required under the approved reclamation plan, except in 
        those areas specifically designated in the application for 
        temporary cessation of operations for which a delay in meeting 
        such standards is necessary to facilitate the resumption of 
        operations.
            (C) The amount of financial assurance filed with the plan 
        of operations is sufficient to assure completion of the 
        reclamation plan in the event of forfeiture.
            (D) Any outstanding notices of violation and cessation 
        orders incurred in connection with the plan of operations for 
        which temporary cessation is being requested are either stayed 
        pursuant to an administrative or judicial appeal proceeding or 
        are in the process of being abated to the satisfaction of the 
        Secretary.
    (k) Review.--Any decision made by the Secretary under subsections 
(g), (h), (i), (j) or (l) shall be subject to review under section 
202(f).
    (l) Bonds.--(1) Before any plan of operations is approved pursuant 
to this Act, or any mineral activities are conducted pursuant to 
subsection (b)(2), the operator shall file with the Secretary financial 
assurance payable to the United States and conditional upon faithful 
performance of all requirements of this Act. The financial assurance 
shall be provided in the form of a surety bond, trust fund, cash or 
equivalent. The amount of the financial assurance shall be sufficient 
to assure the completion of reclamation satisfying the requirements of 
this Act if the work had to be performed by the Secretary in the event 
of forfeiture, and the calculation shall take into account the maximum 
level of financial exposure which shall arise during the mineral 
activity including, but not limited to, provision for accident 
contingencies.
    (2) The financial assurance shall be held for the duration of the 
mineral activities and for an additional period to cover the operator's 
responsibility for revegetation under subsection (n)(6)(B).
    (3) The amount of the financial assurance and the terms of the 
acceptance of the assurance shall be adjusted by the Secretary from 
time to time as the area requiring coverage is increased or decreased, 
or where the costs of reclamation or treatment change, but the 
financial assurance must otherwise be in compliance with this section. 
The Secretary shall specify periodic times, or set a schedule, for 
reevaluating or adjusting the amount of financial assurance.
    (4) Upon request, and after notice and opportunity for public 
comment, the Secretary may release in whole or in part the financial 
assurance if the Secretary determines each of the following:
            (A) Reclamation covered by the financial assurance has been 
        accomplished as required by this Act.
            (B) The operator has declared that the terms and conditions 
        of any other applicable Federal requirements, and State 
        requirements pursuant to subsection 203(b), have been 
        fulfilled.
    (5) The release referred to in paragraph (4) shall be according to 
the following schedule:
            (A) After the operator has completed the backfilling, 
        regrading and drainage control of an area subject to mineral 
        activities and covered by the financial assurance, and has 
        commenced revegetation on the regraded areas subject to mineral 
        activities in accordance with the approved plan of operations, 
        50 percent of the total financial assurance secured for the 
        area subject to mineral activities may be released.
            (B) After the operator has completed successfully all 
        mineral activities and reclamation activities and all 
        requirements of the plan of operations and the reclamation plan 
        and all the requirements of this Act have in fact been fully 
        met, the remaining portion of the financial assurance may be 
        released.
    (6) During the period following release of the financial assurance 
as specified in paragraph (5)(A), until the remaining portion of the 
financial assurance is released as provided in paragraph (5)(B), the 
operator shall be required to meet all applicable standards of this Act 
and the plan of operations and the reclamation plan.
    (7) Where any discharge from the area subject to mineral activities 
requires treatment in order to meet the applicable effluent 
limitations, the treatment shall be monitored during the conduct of 
mineral activities and reclamation and shall be fully covered by 
financial assurance and no financial assurance or portion thereof for 
the plan of operations shall be released until the operator has met all 
applicable effluent limitations and water quality standards for one 
full year without treatment.
    (8) Jurisdiction under this Act shall terminate upon release of the 
final bond. If the Secretary determines, after final bond release, that 
an environmental hazard resulting from the mineral activities exists, 
or the terms and conditions of the plan of operations or the surface 
management requirements of this Act were not fulfilled in fact at the 
time of release, the Secretary shall reassert jurisdiction and all 
applicable surface management and enforcement provisions shall apply 
for correction of the condition.
    (m) Reclamation.--(1) Except as provided under paragraphs (5) and 
(7) of subsection (n), lands subject to mineral activities shall be 
restored to a condition capable of supporting the uses to which such 
lands were capable of supporting prior to surface disturbance, or other 
beneficial uses, provided such other uses are not inconsistent with 
applicable land use plans.
    (2) All required reclamation shall proceed as contemporaneously as 
practicable with the conduct of mineral activities and shall use the 
best technology currently available.
    (n) Reclamation Standards.--The Secretary shall establish 
reclamation standards which shall include, but not necessarily be 
limited to, provisions to require each of the following:
            (1) Soils.--(A) Topsoil removed from lands subject to 
        mineral activities shall be segregated from other spoil 
        material and protected for later use in reclamation. If such 
        topsoil is not replaced on a backfill area within a time-frame 
        short enough to avoid deterioration of the topsoil, vegetative 
        cover or other means shall be used so that the topsoil is 
        preserved from wind and water erosion, remains free of any 
        contamination by acid or other toxic material, and is in a 
        useable condition for sustaining vegetation when restored 
        during reclamation.
            (B) In the event the topsoil from lands subject to mineral 
        activities is of insufficient quantity or of inferior quality 
        for sustaining vegetation, and other suitable growth media 
        removed from the lands subject to the mineral activities are 
        available that shall support vegetation, the best available 
        growth medium shall be removed, segregated and preserved in a 
        like manner as under subparagraph (A) for sustaining vegetation 
        when restored during reclamation.
            (C) Mineral activities shall be conducted to prevent any 
        contamination or toxification of soils. If any contamination or 
        toxification occurs in violation of this subparagraph, the 
        operator shall neutralize the toxic material, decontaminate the 
        soil, and dispose of any toxic or acid materials in a manner 
        which complies with this section and any other applical Federal 
        or State law.
            (2) Stabilization.--All surface areas subject to mineral 
        activities, including spoil material piles, waste material 
        piles, ore piles, subgrade ore piles, and open or partially 
        backfilled mine pits which meet the requirements of paragraph 
        (5) shall be stabilized and protected during mineral activities 
        and reclamation so as to effectively control erosion and 
        minimize attendant air and water pollution.
            (3) Erosion.--Facilities such as but not limited to basins, 
        ditches, streambank stabilization, diversions or other 
        measures, shall be designed, constructed and maintained where 
        necessary to control erosion and drainage of the area subject 
        to mineral activities, including spoil material piles and waste 
        material piles prior to the use of such material to comply with 
        the requirements of paragraph (5) and for the purposes of 
        paragraph (7), and including ore piles and subgrade ore piles.
            (4) Hydrologic balance.--(A) Mineral activities shall be 
        conducted to minimize disturbances to the prevailing hydrologic 
        balance of the area subject to mineral activities and adjacent 
        areas and to the quality and quantity of water in surface and 
        ground water systems, including streamflow, in the area subject 
        to mineral activities and adjacent areas, and in all cases the 
        operator shall comply with applicable Federal or State effluent 
        limitations and water quality standards.
            (B) Mineral activities shall prevent the generation of acid 
        or toxic drainage during the mineral activities and 
        reclamation, to the extent possible using the best available 
        demonstrated control technology; and the operator shall prevent 
        any contamination of surface and ground water with acid or 
        other toxic mine drainage and shall prevent or remove water 
        from contact with acid or toxic producing deposits.
            (C) Reclamation shall, to the extent possible, also include 
        restoration of the recharge capacity of the area subject to 
        mineral activities to approximate premining condition.
            (D) Where surface or underground water sources used for 
        domestic or agricultural use have been diminished, contaminated 
        or interrupted as a proximate result of mineral activities, 
        such water resource shall be restored or replaced.
            (5) Grading.--(A) Except as provided under this paragraph 
        (7), the surface area disturbed by mineral activities shall be 
        backfilled, graded and contoured to its natural topography.
            (B) The requirement of subparagraph (A) shall not apply 
        with respect to an open mine pit if the Secretary finds that 
        such open pit or partially backfilled pit would not pose a 
        threat to the public health or safety or have an adverse effect 
        on the environment in terms of surface or groundwater 
        pollution.
            (C) In instances where complete backfilling of an open pit 
        is not required, the pit shall be graded to blend with the 
        surrounding topography as much as practicable and revegetated 
        in accordance with paragraph (6).
            (6) Revegetation.--(A) Except in such instances where the 
        complete backfill of an open mine pit is not required under 
        paragraph (5), the area subject to mineral activities, 
        including any excess spoil material pile and excess waste pile, 
        shall be revegetated in order to establish a diverse, effective 
        and permanent vegetative cover of the same seasonal variety 
        native to the area subject to mineral activities, capable of 
        self-regeneration and plant succession and at least equal in 
        extent of cover to the natural revegetation of the surrounding 
        area.
            (B) In order to insure compliance with subparagraph (A), 
        the period for determining successful revegetation shall be for 
        a period of 5 full years after the last year of augmented 
        seeding, fertilizing, irrigation or other work, except that 
        such period shall be 10 full years where the annual average 
        precipitation is 26 inches or less.
            (7) Excess spoil and waste.--(A) Spoil material and waste 
        material in excess of that required to comply with paragraph 
        (5) shall be transported and placed in approved areas, in a 
        controlled manner in such a way so as to assure long-term mass 
        stability and to prevent mass movement. In addition to the 
        measures described under paragraph (3), internal drainage 
        systems shall be employed, as may be required, to control 
        erosion and drainage. The design of such excess spoil material 
        piles and excess waste material piles shall be certified by a 
        qualified professional engineer.
            (B) Excess spoil material piles and excess waste material 
        piles shall be graded and contoured to blend with the 
        surrounding topography as much as practicable and revegetated 
        in accordance with paragraph (6).
            (8) Sealing.--All drill holes, and openings on the surface 
        associated with underground mineral activities, shall be sealed 
        when no longer needed for the conduct of mineral activities to 
        ensure protection of the public, fish and wildlife and the 
        environment.
            (9) Structures.--All buildings, structures or equipment 
        constructed, used or improved during mineral activities shall 
        be removed, unless the Secretary determines that the buildings, 
        structures or equipment shall be of beneficial use in 
        accomplishing the post-mining uses or for environmental 
        monitoring.
            (10) Fish and wildlife.--All fish and wildlife habitat in 
        areas subject to mineral activities shall be restored in a 
        manner commensurate with or superior to habitat conditions 
        which existed prior to the mineral activities, including such 
        conditions as may be prescribed by the Director, Fish and 
        Wildlife Service.
    (o) Additional Standards.--The Secretary may, by regulation, 
establish additional standards to address the specific environmental 
impacts of selected methods of mineral activities, such as, but not 
limited to, cyanide leach mining.
    (p) Definitions.--As used in subsections (m) and (n):
            (1) The term ``best technology currently available'' means 
        equipment, devices, systems, methods, or techniques which are 
        currently available anywhere even if not in routine use in 
        mineral activities. The term includes, but is not limited to, 
        construction practices, siting requirements, vegetative 
        selection and planting requirements, scheduling of activities 
        and design of sedimentation ponds. Within the constraints of 
        the surface management requirements of this Act, the Secretary 
        shall have the discretion to determine the best technology 
        currently available on a case-by-case basis.
            (2) The term ``best available demonstrated control 
        technology'' means equipment, devices, systems, methods, or 
        techniques which have demonstrated engineering and economic 
        feasibility and practicality in preventing disturbances to 
        hydrologic balance during mineral activities and reclamation. 
        Such techniques will have shown to be effective and practical 
        methods of acid and other mine water pollution elimination or 
        control, and other pollution affecting water quality. The 
        ``best available demonstrated control technology'' will not 
        generally be in routine use in mineral activities. Within the 
        constraints of the surface management requirements of this Act, 
        the Secretary shall have the discretion to determine the best 
        available demonstrated control technology on a case-by-case 
        basis.
            (3) The term ``spoil material'' means the overburden, or 
        non-mineralized material of any nature, consolidated or 
        unconsolidated, that overlies a deposit of any locatable 
        mineral that is removed in gaining access to, and extracting, 
        any locatable mineral, or any such material disturbed during 
        the conduct of mineral activities.
            (4) The term ``waste material'' means the material 
        resulting from mineral activities involving beneficiation, 
        including but not limited to tailings, and such material 
        resulting from mineral activities involving processing, to the 
        extent such material is not subject to subtitle C of the 
        Resource Conservation and Recovery Act of 1976 or the Uranium 
        Mill Tailings Radiation Control Act.
            (5) The term ``ore piles'' means ore stockpiled for 
        beneficiation prior to the completion of mineral activities and 
        reclamation.
            (6) The term ``subgrade ore'' means ore that is too low in 
        grade to be of economic value at the time of extraction but 
        which could reasonably be economical in the foreseeable future.
            (7) The term ``excess spoil'' means that spoil material 
        that may be excess of the amount necessary to comply with the 
        requirements of subsection (m)(3).
            (8) The term ``excess waste'' means that waste material 
        that may be excess of the amount necessary to comply with the 
        requirements of subsection (m)(3).

SEC. 202. INSPECTION AND ENFORCEMENT.

    (a) Inspections and Monitoring.--(1) The Secretary shall make such 
inspections of mineral activities so as to ensure compliance with the 
surface management requirements. The Secretary shall establish a 
frequency of inspections for mineral activities conducted under an 
approved plan of operations, but in no event shall such inspection 
frequency be less than one complete inspection per calendar quarter or 
two complete inspections annually for a plan of operations for which 
the Secretary approves an application under section 201(j).
    (2)(A) Any person who has reason to believe they are or may be 
adversely affected by mineral activities due to any violation of the 
surface management requirements may request an inspection. The 
Secretary shall determine within 10 days of receipt of the request 
whether the request states a reason to believe that a violation exists, 
except in the event the person alleges and provides reason to believe 
that an imminent danger as provided by subsection (b)(2) exists the 10 
day period shall be waived and the inspection conducted immediately. 
When an inspection is conducted under this paragraph, the Secretary 
shall notify the person filing the complaint and such person shall be 
allowed to accompany the inspector during the inspection. The identity 
of the person supplying information to the Secretary relating to a 
possible violation or imminent danger or harm shall remain confidential 
with the Secretary if so requested by that person, unless that person 
elects to accompany an inspector on the inspection.
    (B) The Secretary shall, by regulation, establish procedures for 
the review of any decision by his authorized representative not to 
inspect or by a refusal by such representative to ensure remedial 
actions are taken with respect to any alleged violation. The Secretary 
shall furnish such persons requesting the review a written statement of 
the reasons for the Secretary's final disposition of the case.
    (3)(A) The Secretary shall require all operators to develop and 
maintain a monitoring and evaluation system which shall be capable of 
identifying compliance with all surface management requirements.
    (B) Monitoring shall be conducted as close as technically feasible 
to the mineral activity or reclamation involved, and in all cases the 
monitoring shall be conducted within the area affected by mineral 
activities and reclamation.
    (C) The point of compliance shall be as close to the mineral 
activity involved as is technically feasible, but in any event shall be 
located to comply with applicable State and Federal standards. In no 
event shall the point of compliance be outside the area affected by 
mineral activities and reclamation.
    (D) The operator shall file reports with the Secretary on a 
quarterly basis on the results of the monitoring and evaluation process 
except that if the monitoring and evaluation show a violation of the 
surface management requirements, it shall be reported immediately to 
the Secretary.
    (E) The Secretary shall determine what information must be reported 
by the operator pursuant to subparagraph (B). A failure to report as 
required by the Secretary shall constitute a violation of this Act and 
subject the operator to enforcement action pursuant to this section.
    (F) The Secretary shall evaluate the reports submitted pursuant to 
this paragraph, and based on those reports and any necessary inspection 
shall take enforcement action pursuant to this section.
    (b) Enforcement.--(1) If the Secretary or authorized representative 
determines, on the basis of an inspection that an operator, or any 
person conducting mineral activities under section 201(b)(2), is in 
violation of any surface management requirement, the Secretary or 
authorized representative shall issue a notice of violation to the 
operator or person describing the violation and the corrective measures 
to be taken. The Secretary or authorized representative shall provide 
such operator or person with a reasonable period of time to abate the 
violation. If, upon the expiration of time provided for such abatement, 
the Secretary or authorized representative finds that the violation has 
not been abated he shall immediately order a cessation of all mineral 
activities or the portion thereof relevant to the violation.
    (2) If the Secretary or authorized representative determines, on 
the basis of an inspection, that any condition or practice exists, or 
that an operator, or any person conducting mineral activities under 
section 201(b)(2), is in violation of the surface management 
requirements, and such condition, practice or violation is causing, or 
can reasonably be expected to cause--
            (A) an imminent danger to the health or safety of the 
        public; or
            (B) significant, imminent environmental harm to land, air 
        or water resources;
the Secretary or authorized representative shall immediately order a 
cessation of mineral activities or the portion thereof relevant to the 
condition, practice or violation.
    (3)(A) A cessation order by the Secretary or authorized 
representative pursuant to paragraphs (1) or (2) shall remain in effect 
until the Secretary or authorized representative determines that the 
condition, practice or violation has been abated, or until modified, 
vacated or terminated by the Secretary or authorized representative. In 
any such order, the Secretary or authorized representative shall 
determine the steps necessary to abate the violation in the most 
expeditious manner possible, and shall include the necessary measures 
in the order. The Secretary shall require appropriate financial 
assurances to insure that the abatement obligations are met.
    (B) Any notice or order issued pursuant to paragraphs (1) or (2) 
may be modified, vacated or terminated by the Secretary or authorized 
representative. An operator, or person conducting mineral activities 
under section 201(b)(2), issued any such notice or order shall be 
entitled to a hearing on the record pursuant to subsection (f).
    (4) If, after 30 days of the date of the order referred to in 
paragraph (3)(A) the required abatement has not occurred the Secretary 
shall take such alternative enforcement action against the responsible 
parties as will most likely bring about abatement in the most 
expeditious manner possible. Such alternative enforcement action shall 
include, but is not necessarily limited to, seeking appropriate 
injunctive relief to bring about abatement.
    (5) In the event an operator, or person conducting mineral 
activities under section 201(b)(2), is unable to abate a violation or 
defaults on the terms of the plan of operation the Secretary shall 
forfeit the financial assurance for the plan of operations if necessary 
to ensure abatement and reclamation under this Act.
    (6) The Secretary shall not forfeit the financial assurance while a 
review is pending pursuant to subsections (f) and (g).
    (c) Compliance.--(1) The Secretary may request the Attorney General 
to institute a civil action for relief, including a permanent or 
temporary injunction or restraining order, in the district court of the 
United States for the district in which the mineral activities are 
located whenever an operator, or person conducting mineral activities 
under section 201(b)(2):
            (A) violates, fails or refuses to comply with any order 
        issued by the Secretary under subsection (b); or
            (B) interferes with, hinders or delays the Secretary in 
        carrying out an inspection under subsection (a).
Such court shall have jurisdiction to provide such relief as may be 
appropriate. Any relief granted by the court to enforce an order under 
clause (A) shall continue in effect until the completion or final 
termination of all proceedings for review of such order under 
subsections (f) and (g), unless the district court granting such relief 
sets it aside or modifies it.
    (2) Notwithstanding any other provision of law, the Secretary shall 
utilize enforcement personnel from the Office of Surface Mining 
Reclamation and Enforcement to augment personnel of the Bureau of Land 
Management and the Forest Service to ensure compliance with the surface 
management requirements, and inspection requirements of subsection (a). 
The Bureau of Land Management and the Forest Service shall each enter 
into a memorandum of understanding with the Office of Surface Mining 
Reclamation and Enforcement for this purpose.
    (d) Penalties.--(1) Any operator, or person conducting mineral 
activities under section 201(b)(2), who fails to comply with the 
surface management requirements shall be liable for a penalty of not 
more than $5,000 per violation. Each day of continuing violation may be 
deemed a separate violation for purposes of penalty assessments. No 
civil penalty under this subsection shall be assessed until the 
operator charged with the violation has been given the opportunity for 
a hearing under subsection (f).
    (2) An operator, or person conducting mineral activities under 
section 201(b)(2), who fails to correct a violation for which a 
cessation order has been issued under subsection (b) within the period 
permitted for its correction shall be assessed a civil penalty of not 
less than $1,000 per violation for each day during which such failure 
continues, but in no event shall such assessment exceed a 30-day 
period.
    (3) Whenever a corporation is in violation of the surface 
management requirements or fails or refuses to comply with an order 
issued under subsection (b), any director, officer or agent of such 
corporation who knowingly authorized, ordered, or carried out such 
violation, failure or refusal shall be subject to the same penalties 
that may be imposed upon an operator under paragraph (1).
    (e) Citizen Suits.--(1) Except as provided under paragraph (2), any 
person having an interest which is or may be adversely affected may 
commence a civil action on his or her own behalf to compel compliance--
            (A) against the Secretary where there is alleged a 
        violation of any of the provisions of this Act or any 
        regulation promulgated pursuant to this Act or terms and 
        conditions of any plan of operations approved pursuant to this 
        Act;
            (B) against any other person alleged to be in violation of 
        any of the provisions of this Act or any regulation promulgated 
        pursuant to this Act or terms and conditions of any plan of 
        operations approved pursuant to this Act;
            (C) against the Secretary where there is alleged a failure 
        of the Secretary to perform any act or duty under this Act or 
        any regulation promulgated pursuant to this Act which is not 
        within the discretion of the Secretary; or
            (D) against the Secretary where it is alleged that the 
        Secretary acts arbitrarily or capriciously or in a manner 
        inconsistent with this Act or any regulation promulgated 
        pursuant to this Act. The United States district courts shall 
        have jurisdiction, without regard to the amount in controversy 
        or the citizenship of the parties.
    (2) No action may be commenced except as follows:
            (A) Under paragraph (1)(A) prior to 60 days after the 
        plaintiff has given notice in writing of such alleged violation 
        to the Secretary, or to the person alleged to be in violation; 
        except no action may be commenced against any person alleged to 
        be in violation if the Secretary has commenced and is 
        diligently prosecuting a civil action in a court of the United 
        States to require compliance with the provisions of this title 
        (but in any such action in a court of the United States the 
        person making the allegation may intervene as a matter of 
        right).
            (B) Under paragraph (1)(B) prior to 60 days after the 
        plaintiff has given notice in writing of such action to the 
        Secretary, in such manner as the Secretary shall by regulation 
        prescribe, except that such action may be brought immediately 
        after such notification in the case where the violation or 
        order complained of constitutes an imminent threat to the 
        environment or to the health or safety of the public or would 
        immediately affect a legal interest of the plaintiff.
    (3) Venue of all actions brought under this subsection shall be 
determined in accordance with title 28 U.S.C. 1391(a).
    (4) The court, in issuing any final order in any action brought 
pursuant to paragraph (1) may award costs of litigation (including 
attorney and expert witness fees) to any party whenever the court 
determines such award is appropriate. The court may, if a temporary 
restraining order or preliminary injunction is sought, require the 
filing of a bond or equivalent security in accordance with the Federal 
Rules of Civil Procedure.
    (5) Nothing in this subsection shall restrict any right which any 
person (or class of persons) may have under any statute or common law 
to seek enforcement of any of the provisions of this Act and the 
regulations thereunder, or to seek any other relief, including relief 
against the Secretary.
    (f) Review by Secretary.--(1)(A) Any operator, or person conducting 
mineral activities under section 201(b)(2), issued a notice of 
violation or cessation order under subsection (b), or any person having 
an interest which is or may be adversely affected by such decisions, 
notice or order, may apply to the Secretary for review of the notice or 
order within 30 days of receipt thereof, or as the case may be, within 
30 days of such notice or order being modified, vacated or terminated.
    (B) Any operator, or person conducting mineral activities under 
section 201(b)(2), who is subject to a penalty under subsection (d) or 
section 105 may apply to the Secretary for review of the assessment 
within 30 days of notification of such penalty.
    (C) Any person having an interest which is or may be adversely 
affected by a decision made by the Secretary under subsections (g), 
(h), (i), (j) and (l) of section 201, or subsection 202(a)(2), or 
subsection 204(g), may apply to the Secretary for review of the 
decision within 30 days after it is made.
    (2) The Secretary shall provide an opportunity for a public hearing 
at the request of any party. Any hearing conducted pursuant to this 
subsection shall be on record and shall be subject to section 554 of 
title 5 of the United States Code. The filing of an application for 
review under this subsection shall not operate as a stay of any order 
or notice issued under subsection (b).
    (3) Following the hearing referred to in paragraph (2), if 
requested, but in any event the Secretary shall make findings of fact 
and shall issue a written decision incorporating therein an order 
vacating, affirming, modifying or terminating the notice, order or 
decision, or with respect to an assessment, the amount of penalty that 
is warranted. Where the application for review concerns a cessation 
order issued under subsection (b), the Secretary shall issue the 
written decision within 30 days of the receipt of the application for 
review, unless temporary relief has been granted by the Secretary under 
paragraph (4).
    (4) Pending completion of any proceedings under this subsection, 
the applicant may file with the Secretary a written request that the 
Secretary grant temporary relief from any order issued under subsection 
(b) together with a detailed statement giving reasons for such relief. 
The Secretary shall expeditiously issue an order or decision granting 
or denying such relief. The Secretary may grant such relief under such 
conditions as he may prescribe only if such relief shall not adversely 
affect the health or safety of the public or cause significant, 
imminent environmental harm to land, air or water resources.
    (5) The availability of review under this subsection shall not be 
construed to limit the operation of rights established under subsection 
(e).
    (g) Judicial Review.--(1) Any action by the Secretary in 
promulgating regulations to implement this Act, or any other actions 
constituting rulemaking by the Secretary to implement this Act, shall 
be subject to judicial review in the United States District Court for 
the District of Columbia. Any action subject to judicial review under 
this subsection shall be affirmed unless the court concludes that such 
action is arbitrary, capricious, or otherwise inconsistent with law. A 
petition for review of any action subject to judicial review under this 
subsection shall be filed in the United States District Court for the 
District of Columbia within 60 days from the date of such action, or 
after such date if the petition is based solely on grounds arising 
after the sixtieth day. Any such petition may be made by any person who 
commented or otherwise participated in the rulemaking or who may be 
adversely affected by the action of the Secretary.
    (2) Final agency action under this Act, including such final action 
on those matters described under subsection (f), shall be subject to 
judicial review in accordance with paragraph (4) and pursuant to 28 
U.S.C. 1391(a) of the United States Code on or before 60 days from the 
date of such final action.
    (3) The availability of judicial review established in this 
subsection shall not be construed to limit the operations of rights 
established under subsection (e).
    (4) The court shall hear any petition or complaint filed under this 
subsection solely on the record made before the Secretary. The court 
may affirm, vacate, or modify any order or decision or may remand the 
proceedings to the Secretary for such further action as it may direct.
    (5) The commencement of a proceeding under this section shall not, 
unless specifically ordered by the court, operate as a stay of the 
action, order or decision of the Secretary.
    (h) Proceedings.--Whenever a proceeding occurs under subsection 
(a), (f), or (g), or under section 201, or under section 204(g), at the 
request of any person, a sum equal to the aggregate amount of all costs 
and expenses (including attorney fees) as determined by the Secretary 
or the court to have been reasonably incurred by such person for or in 
connection with participation in such proceedings, including any 
judicial review of the proceeding, may be assessed against either party 
as the court, resulting from judicial review or the Secretary, 
resulting from administrative proceedings, deems proper.

SEC. 203. STATE LAW AND REGULATION.

    (a) State Law.--(1) Any reclamation standard or requirement in 
State law or regulation that meets or exceeds the requirements of 
subsections (m) and (n) of section 201 shall not be construed to be 
inconsistent with any such standard.
    (2) Any bonding standard or requirement in State law or regulation 
that meets or exceeds the requirements of section 201(l) shall not be 
construed to be inconsistent with such requirements.
    (3) Any inspection standard or requirement in State law or 
regulation that meets or exceeds the requirements of section 202 shall 
not be construed to be inconsistent with such requirements.
    (b) Applicability of Other State Requirements.--(1) Nothing in this 
Act shall be construed as affecting any air or water quality standard 
or requirement of any State law or regulation which may be applicable 
to mineral activities on lands subject to this Act.
    (2) Nothing in this Act shall be construed as affecting in any way 
the right of any person to enforce or protect, under applicable law, 
such person's interest in water resources affected by mineral 
activities on lands subject to this Act.
    (c) Cooperative Agreements.--(1) Any State may enter into a 
cooperative agreement with the Secretary for the purposes of the 
Secretary applying such standards and requirements referred to in 
subsection (a) and subsection (b) to mineral activities or reclamation 
on lands subject to this Act.
    (2) In such instances where the proposed mineral activities would 
affect lands not subject to this Act in addition to lands subject to 
this Act, in order to approve a plan of operations the Secretary shall 
enter into a cooperative agreement with the State that sets forth a 
common regulatory framework consistent with the surface management 
requirements of this Act for the purposes of such plan of operations.
    (3) The Secretary shall not enter into a cooperative agreement with 
any State under this section until after notice in the Federal Register 
and opportunity for public comment.
    (d) Prior Agreements.--Any cooperative agreement or such other 
understanding between the Secretary and any State, or political 
subdivision thereof, relating to the surface management of mineral 
activities on lands subject to this Act that was in existence on the 
date of enactment of this Act may only continue in force until the 
effective date of this Act, after which time the terms and conditions 
of any such agreement or understanding shall only be applicable to 
plans of operations approved by the Secretary prior to the effective 
date of this Act except as provided under section 405.
    (e) Delegation.--The Secretary shall not delegate to any State, or 
political subdivision thereof, the Secretary's authorities, duties and 
obligations under this Act, including with respect to any cooperative 
agreements entered into under this section.

SEC. 204. UNSUITABILITY REVIEW.

    (a) In General.--The Secretary of the Interior in preparing land 
use plans under the Federal Land Policy and Management Act of 1976, and 
the Secretary of Agriculture in preparing land use plans under the 
Forest and Rangeland Renewable Resources Planning Act of 1974, as 
amended by the National Forest Management Act of 1976, shall each 
conduct a review of lands that are subject to this Act in order to 
determine whether there are any areas which are unsuitable for all or 
certain types of mineral activities pursuant to the standards set forth 
under subsection (e). In the event such a determination is made, the 
review shall be included in the applicable land use plan.
    (b) Specific Areas.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of the Interior and the Secretary 
of Agriculture, on the basis of any information available, shall each 
publish a notice in the Federal Register identifying and listing the 
lands subject to this Act which are or may be determined to be 
unsuitable for all or certain types of mineral activities according to 
the standards set forth in subsection (e). After opportunity for public 
comment and proposals for modifications to such listing, but not later 
than the effective date of this Act, each Secretary shall begin to 
review the lands identified pursuant to this subsection to determine 
whether such lands are unsuitable for all or certain types of mineral 
activities according to the standards set forth in subsection (e).
    (c) Land Use Plans.--(1) At such time as the Secretary revises or 
amends a land use plan pursuant to provisions of law other than this 
Act, the Secretary shall identify lands determined to be unsuitable for 
all or certain types of mineral activities according to the standards 
set forth in subsection (e). The Secretary shall incorporate such 
determinations in the applicable land use plans.
    (2) If lands covered by a proposed plan of operations have not been 
reviewed pursuant to this section at the time of submission of a plan 
of operations, the Secretary shall, prior to the consideration of the 
proposed plan of operations, review the areas that would be affected by 
the proposed mineral activities to determine whether the area is 
unsuitable for all or certain types of mineral activities according to 
the standards set forth in subsection (e). The Secretary shall use such 
review in the next revision or amendment to the applicable land use 
plan to the extent necessary to reflect the unsuitability of such lands 
for all or certain types of mineral activities according to the 
standards set forth in subsection (e).
    (3) This section does not require land use plans to be amended 
until such plans are adopted, revised, or amended pursuant to 
provisions of law other than this Act.
    (d) Effect of Determination.--(1) If the Secretary determines an 
area to be unsuitable under this section for all or certain types of 
mineral activities, he shall do one of the following:
            (A) In any instance where a determination is made that an 
        area is unsuitable for all types of mineral activities, the 
        Secretary of the Interior, with the consent of the Secretary of 
        Agriculture for lands under the jurisdiction of the Secretary 
        of Agriculture, shall withdraw such area pursuant to section 
        204 of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1714).
            (B) In any instance where a determination is made that an 
        area is unsuitable for certain types of mineral activities, the 
        Secretary shall take appropriate steps to limit or prohibit 
        such types of mineral activities.
    (2) Nothing in this section may be construed as affecting lands 
where mineral activities under approved plans of operations or under 
notice (as provided for in the regulations of the Secretary of the 
Interior in effect prior to the effective date of this Act relating to 
operations that cause a cumulative disturbance of 5 acres or less) were 
being conducted on the effective date of this Act, except as provided 
under subsection (g).
    (3) Nothing in this section may be construed as prohibiting mineral 
activities not subject to paragraph (2) where substantial legal and 
financial commitments in such mineral activities were in existence on 
the effective date of this Act, but nothing in this section may be 
construed as limiting any existing authority of the Secretary to 
regulate such activities.
    (4) An unsuitability determination under this section shall not 
prevent the types of mineral activities referred to in section 
201(b)(2)(A), but nothing in this section shall be construed as 
authorizing such activities in areas withdrawn pursuant to section 204 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714).
    (e) Review Standards.--(1) An area containing lands that are 
subject to this Act shall be determined to be unsuitable for all or 
certain types of mineral activities if the Secretary determines, after 
notice and opportunity for public comment, that reclamation pursuant to 
the standards set forth in subsections (m) and (n) of section 201 would 
not be technologically and economically feasible for any such mineral 
activities in such area and where--
            (A) such mineral activities would substantially impair 
        water quality or supplies within the area subject to the mining 
        plan or adjacent lands, such as impacts on aquifers and aquifer 
        recharge areas;
            (B) such mineral activities would occur on areas of 
        unstable geology that could if undertaken substantially 
        endanger life and property;
            (C) such mineral activities would adversely affect 
        publicly-owned places which are listed on or are eligible for 
        listing on the National Register of Historic Places, unless the 
        Secretary and the State approve all or certain mineral 
        activities, in which case the area shall not be determined to 
        be unsuitable for such approved mineral activities;
            (D) such mineral activities would cause loss of or damage 
        to riparian areas;
            (E) such mineral activities would impair the productivity 
        of the land subject to such mineral activities;
            (F) such mineral activities would adversely affect 
        candidate species for threatened and endangered species status; 
        or
            (G) such mineral activities would adversely affect lands 
        designated as National Wildlife Refuges.
    (2) An area may be determined to be unsuitable for all or certain 
mineral activities if the Secretary, after notice and opportunity for 
public comment, determines that reclamation pursuant to the standards 
set forth in subsections (m) and (n) of section 201 would not be 
technologically and economically feasible for any such mineral 
activities in such area and where--
            (A) such mineral activities could result in significant 
        damage to important historic, cultural, scientific and 
        aesthetic values or to natural systems;
            (B) such mineral activities could adversely affect lands of 
        outstanding aesthetic qualities and scenic Federal lands 
        designated as Class I under section 162 of the Clean Air Act 
        (42 U.S.C. 7401 and following);
            (C) such mineral activities could adversely affect lands 
        which are high priority habitat for migratory bird species or 
        other important fish and wildlife species as determined by the 
        Secretary in consultation with the Director of the Fish and 
        Wildlife Service and the appropriate agency head for the State 
        in which the lands are located;
            (D) such mineral activities could adversely affect lands 
        which include wetlands if mineral activities would result in 
        loss of wetland values;
            (E) such mineral activities could adversely affect National 
        Conservation System units; or
            (F) such mineral activities could adversely affect lands 
        containing other resource values as the Secretary may consider.
    (f) Withdrawal Review.--In conjunction with conducting an 
unsuitability review under this section, the Secretary shall review all 
administrative withdrawals of land from the location of mining claims 
to determine whether the revocation or modification of such withdrawal 
for the purpose of allowing such lands to be opened to the location of 
mining claims under this Act would be appropriate as a result of any of 
the following:
            (1) The imposition of any conditions referred to in 
        subsection (d)(1)(B).
            (2) The surface management requirements of section 201.
            (3) The limitation of section 107.
    (g) Citizen Petition.--(1) In any instance where a land use plan 
has not been amended or completed to reflect the review referred to in 
subsection (a), any person having an interest that may be adversely 
affected by potential mineral activities on lands subject to this Act 
covered by such plan shall have the right to petition the Secretary to 
determine such lands to be unsuitable for all or certain types of 
mineral activities. Such petition shall contain allegations of fact 
with respect to potential mineral activities and with respect to the 
unsuitability of such lands for all or certain mineral activities 
according to the standards set forth in subsection (e) with supporting 
evidence that would tend to establish the allegations.
    (2) Petitions received prior to the date of the submission of a 
proposed plan of operations under this Act, shall stay consideration of 
the proposed plan of operations pending review of the petition.
    (3) Within 4 months after receipt of a petition to determine lands 
to be unsuitable for all or certain types of mining in areas where a 
land use plan has not been amended or completed to reflect the review 
referred to in subsection (a), the Secretary shall hold a public 
hearing on the petition in the locality of the area in question. After 
a petition has been filed and prior to the public hearing, any person 
may support or oppose the determination sought by the petition by 
filing written allegations of facts and supporting evidence.
    (4) Within 60 days after a public hearing held pursuant to 
paragraph (3), the Secretary shall issue a written decision regarding 
the petition which shall state the reasons for granting or denying the 
requested determination.
    (5) Reviews conducted pursuant to this subsection shall be 
consistent with paragraphs (3) and (4) of subsection (d) and with 
subsection (e).

SEC. 205. LANDS NOT OPEN TO LOCATION.

    (a) Lands.--Subject to valid existing rights, each of the following 
shall not be open to the location of mining claims under this Act on 
the date of enactment of this Act:
            (1) Lands recommended for wilderness designation by the 
        agency managing the surface, pending a final determination by 
        the Congress of the status of such lands.
            (2) Lands being managed by the Bureau of Land Management as 
        wilderness study areas on the date of enactment of this Act 
        except where the location of mining claims is specifically 
        allowed to continue by the statute designating the study area, 
        pending a final determination by the Congress of the status of 
        such lands.
            (3) Lands within Wild and Scenic River System and lands 
        under study for inclusion in such system, pending a final 
        determination by the Congress of the status of such lands.
            (4) Lands identified by the Bureau of Land Management as 
        Areas of Critical Environmental Concern.
            (5) Lands identified by the Secretary of Agriculture as 
        Research Natural Areas.
            (6) Lands designated by the Fish and Wildlife Service as 
        critical habitat for threatened or endangered species.
            (7) Lands administered by the Fish and Wildlife Service.
            (8) Lands which the Secretary shall designate for 
        withdrawal under authority of other law, including lands which 
        the Secretary of Agriculture may propose for withdrawal by the 
        Secretary of the Interior under authority of other law.
    (b) Definition.--As used in this section, the term ``valid existing 
rights'' means that a mining claim located on lands referred to in 
subsection (a) was properly located and maintained under the general 
mining laws prior to the date of enactment of this Act, and was 
supported by a discovery of a valuable mineral deposit within the 
meaning of the general mining laws on the date of enactment of this 
Act, and that such claim continues to be valid.

          TITLE III--ABANDONED MINERALS MINE RECLAMATION FUND

SEC. 301. ABANDONED MINERALS MINE RECLAMATION FUND.

    (a) New Subtitle.--Title IV of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1231) is amended by inserting:

          ``Subtitle A--Abandoned Coal Mine Reclamation Fund''

immediately before section 401 and by adding the following new subtitle 
at the end thereof:

         ``Subtitle B--Abandoned Minerals Mine Reclamation Fund

``SEC. 421. ABANDONED MINERALS MINE RECLAMATION.

    ``(a) Establishment.--(1) There is established on the books of the 
Treasury of the United States a trust fund to be known as the Abandoned 
Minerals Mine Reclamation Fund (hereinafter in this subtitle referred 
to as the `Fund'). The Fund shall be administered by the Secretary of 
the Interior acting through the Director, Office of Surface Mining 
Reclamation and Enforcement.
    ``(2) The Secretary of the Interior shall notify the Secretary of 
the Treasury as to what portion of the Fund is not, in his judgment, 
required to meet current withdrawals. The Secretary of the Treasury 
shall invest such portion of the Fund in public debt securities with 
maturities suitable for the needs of such Fund and bearing interest at 
rates determined by the Secretary of the Treasury, taking into 
consideration current market yields on outstanding marketplace 
obligations of the United States of comparable maturities. The income 
on such investments shall be credited to, and form a part of, the Fund.
    ``(b) Amounts.--The following amounts shall be credited to the Fund 
for the purposes of this Act:
            ``(1) All moneys received from the collection of rental 
        fees under section 104 of the Mineral Exploration and 
        Development Act of 1991.
            ``(2) Amounts collected pursuant to sections 105 and 202(d) 
        of the Mineral Exploration and Development Act of 1991.
            ``(3) All moneys received from the disposal of mineral 
        materials pursuant to section 3 of the Materials Act of 1947 
        (30 U.S.C. 603) to the extent such moneys are not specifically 
        dedicated to other purposes under other authority of law.
            ``(4) Donations by persons, corporations, associations, and 
        foundations for the purposes of this subtitle.
            ``(5) Amounts referred to in section 410(e)(1).

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

    ``(a) In General.--The Secretary is authorized to use moneys in the 
Fund for the reclamation and restoration of land and water resources 
adversely affected by past mineral (other than coal and fluid minerals) 
and mineral material mining, including but not limited to, any of the 
following:
            ``(1) Reclamation and restoration of abandoned surface 
        mined areas.
            ``(2) Reclamation and restoration of abandoned milling and 
        processing areas.
            ``(3) Sealing, filling, and grading abandoned deep mine 
        entries.
            ``(4) Planting of land adversely affected by past mining to 
        prevent erosion and sedimentation.
            ``(5) Prevention, abatement, treatment and control of water 
        pollution created by abandoned mine drainage.
            ``(6) Control of surface subsidence due to abandoned deep 
        mines.
            ``(7) Such expenses as may be necessary to accomplish the 
        purposes of this subtitle.
    ``(b) Priorities.--Expenditure of moneys from the Fund shall 
reflect the following priorities in the order stated:
            ``(1) The protection of public health, safety, general 
        welfare and property from extreme danger from the adverse 
        effects of past minerals and mineral materials mining 
        practices.
            ``(2) The protection of public health, safety, and general 
        welfare from the adverse effects of past minerals and mineral 
        materials mining practices.
            ``(3) The restoration of land and water resources 
        previously degraded by the adverse effects of past minerals and 
        mineral materials mining practices.

``SEC. 423. ELIGIBLE AREAS.

    ``(a) Eligibility.--Lands and waters eligible for reclamation 
expenditures under this Act shall be those within the boundaries of 
States that have lands subject to the Mineral Exploration and 
Development Act of 1992 and the Materials Act of 1947--
            ``(1) which were mined or processed for minerals and 
        mineral materials or which were affected by such mining or 
        processing, and abandoned or left in an inadequate reclamation 
        status prior to the date of enactment of this subtitle; and
            ``(2) for which the Secretary makes a determination that 
        there is no continuing reclamation responsibility under State 
        or Federal laws; and
            ``(3) for which it can be established that such lands do 
        not contain minerals which could economically be extracted 
        through the reprocessing or remining of such lands, unless such 
        consideration are in conflict with the priorities set forth 
        under paragraphs (1) and (2) of section 422(b).
In determining the eligibility under this subsection of Federal lands 
and waters under the jurisdiction of the Forest Service or Bureau of 
Land Management in lieu of the date referred to in paragraph (1), the 
applicable date shall be August 28, 1974, and November 26, 1980, 
respectively.
    ``(b) Specific Sites and Areas Not Eligible.--The provisions of 
section 411(d) of the Surface Mining Control and Reclamation Act of 
1977 shall apply to expenditures made from the Fund established under 
this subtitle in the same manner and to the same extent as such 
provisions apply to expenditures made under subtitle A.

``SEC. 424. FUND ALLOCATION AND EXPENDITURES.

    ``(a) Allocations.--(1) Moneys available for expenditure from the 
Fund shall be allocated on an annual basis by the Secretary in the form 
of grants to eligible States, or in the form of expenditures under 
subsection (b), to accomplish the purposes of this subtitle.
    ``(2) The Secretary shall distribute moneys from the Fund based on 
the greatest need for such moneys pursuant to the priorities stated in 
section 422(b). In determining the greatest need for the distribution 
of moneys from the Fund to eligible States, the Secretary shall give 
priority to those eligible States which do not receive grants under 
subtitle A.
    ``(b) Direct Federal Expenditures.--Where a State is not eligible, 
or in instances where the Secretary determines that the purposes of 
this subtitle may best be accomplished otherwise, moneys available from 
the Fund may be expended directly by the Director, Office of Surface 
Mining Reclamation and Enforcement. The director may also make such 
money available through grants made to the Director of the Bureau of 
Land Management, the Chief of the United States Forest Service, the 
Director of the National Park Service, and any public entity that 
volunteers to develop and implement, and that has the ability to carry 
out, all or a significant portion of a reclamation program, or through 
cooperative agreements between eligible States and the entities 
referred to in this subsection.

``SEC. 425. STATE RECLAMATION PROGRAMS.

    ``(a) Eligible States.--For the purpose of section 424(a), 
`eligible States' are those States for which the Secretary determines 
meets each of the following requirements:
             ``(1) Within the State there are mined lands, waters, and 
        facilities eligible for reclamation pursuant to section 423.
            ``(2) The State has developed an inventory of such areas 
        following the priorities established under section 422(b).
            ``(3) The State has established, and the Secretary has 
        approved, a State abandoned minerals and mineral materials mine 
        reclamation program for the purpose of receiving and 
        administering grants under this subtitle. Any State with an 
        approved abandoned mine reclamation program pursuant to section 
        405 shall be deemed to have met the requirements of this 
        paragraph.
    ``(b) Monitoring.--The Secretary shall monitor the expenditure of 
State grants to ensure they are being utilized to accomplish the 
purposes of this subtitle.
    ``(c) Supplemental Grants.--In the case of any State with an 
approved abandoned mine reclamation program pursuant to section 405, 
grants to such State made pursuant to this subtitle may be made as a 
supplement to grants received by such State pursuant to section 
402(g)(1).
    ``(d) State Programs.--(1) The Secretary shall approve any State 
abandoned minerals mine reclamation program submitted to the Secretary 
by a State under this subtitle if the Secretary finds that the State 
has the ability and necessary State legislation to implement such 
program and that the program complies with the provisions of this 
subtitle and the regulations of the Secretary under this subtitle.
    ``(2) No State, or a contractor for such State engaged in approved 
reclamation work under this subtitle, or a public entity referred to in 
section 424(b), shall be liable under any provision of Federal law for 
any costs or damages as a result of action taken or omitted in the 
course of carrying out an approved State abandoned minerals mine 
reclamation program under this section. This paragraph shall not 
preclude liability for cost or damages as a result of gross negligence 
or intentional misconduct by the State. For purposes of the preceding 
sentence, reckless, willful, or wanton misconduct shall constitute 
gross negligence.

``SEC. 426. AUTHORIZATION OF APPROPRIATIONS.

    ``Amounts credited to the Fund are authorized to be appropriated 
for the purpose of this subtitle without fiscal year limitation.''.

SEC. 302. CONFORMING AMENDMENTS.

    (a) Conforming Change.--All references to ``this title'' in 
sections 401 through 414 of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1231 and following) are amended to read ``this 
subtitle''.
    (b) Table of Contents.--The table of contents for title IV of the 
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 and 
following) is amended as follows:
            (1) Insert the following immediately before the item 
        relating to section 401:

         ``Subtitle A--Abandoned Coal Mine Reclamation Fund''.

            (2) Add the following at the end thereof:

         ``Subtitle B--Abandoned Minerals Mine Reclamation Fund

``Sec. 421. Abandoned minerals mine reclamation.
``Sec. 422. Use and objectives of the fund.
``Sec. 423. Eligible areas.
``Sec. 424. Fund allocation and expenditures.
``Sec. 425. State reclamation programs.
``Sec. 426. Authorization of appropriations.''.

         TITLE IV--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

SEC. 401. POLICY FUNCTIONS.

    (a) Minerals Policy.--The Mining and Minerals Policy Act of 1970 
(30 U.S.C. 21a) is amended by adding at the end thereof the following: 
``It shall also be the responsibility of the Secretary of Agriculture 
to carry out the policy provisions of paragraphs (1) and (2) of this 
Act.''.
    (b) Mineral Data.--Section 5(e)(3) of the National Materials and 
Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1604) 
is amended by inserting before the period the following: ``, except 
that for National Forest System lands the Secretary of Agriculture 
shall promptly initiate actions to improve the availability and 
analysis of mineral data in Federal land use decision making''.

SEC. 402. USER FEES.

    The Secretaries of Interior and Agriculture are authorized to 
establish and collect from persons subject to the requirements of this 
Act such user fees as may be necessary to reimburse the United States 
for a portion of the expenses incurred in administering such 
requirements. Fees may be assessed and collected under this section 
only in such manner as may reasonably be expected to result in an 
aggregate amount of the fees collected during any fiscal year which 
does not exceed the aggregate amount of administrative expenses 
referred to in this section.

SEC. 403. REGULATIONS; EFFECTIVE DATES.

    (a) Effective Date.--This Act shall take effect 1 year after the 
date of enactment of this Act, except as otherwise provided in this 
Act.
    (b) Regulations.--(1) The Secretary of the Interior shall issue 
final regulations to implement title I, such requirements of section 
402 and 409 as may be applicable to such title, title III and sections 
404, 406 and 407 not later than the effective date of this Act 
specified in subsection (a).
    (2) The Secretary of the Interior and the Secretary of Agriculture 
shall each issue final regulations to implement their respective 
responsibilities under title II, such requirements of section 402 as 
may be applicable to such title, and sections 405 and 409 not later 
than the effective date of this Act referred to in subsection (a). The 
Secretary of the Interior and the Secretary of Agriculture shall 
coordinate the promulgation of such regulations.
    (3) Failure to promulgate the regulations specified in this 
subsection by the effective date of this Act by reason of any appeal or 
judicial review shall not delay the effective date of this Act as 
specified in subsection (a).
    (b) Notice.--Within 60 days after the publication of regulations 
referred to in subsection (b)(1), the Secretary of the Interior shall 
give notice to holders of mining claims and mill sites maintained under 
the general mining laws as to the requirements of section 404. 
Procedures for providing such notice shall be established as part of 
the regulations.
    (c) New Mining Claims.--Notwithstanding any other provision of law, 
after the effective date of this Act, a mining claim for a locatable 
mineral on lands subject to this Act--
            (1) may be located only in accordance with this Act,
            (2) may be maintained only as provided in this Act, and
            (3) shall be subject to the requirements of this Act.

SEC. 404. TRANSITIONAL RULES; MINING CLAIMS AND MILL SITES.

    (a) Claims Under the General Mining Laws.--
            (1) Converted mining claims.--Notwithstanding any other 
        provision of law, within the 3-year period after the effective 
        date of this Act, the holder of any unpatented mining claim 
        which was located under the general mining laws before the 
        effective date of this Act may elect to convert the claim under 
        this paragraph by filing an election to do so with the 
        Secretary of the Interior that references the Bureau of Land 
        Management serial number of that claim in the office designated 
        by such Secretary. The provisions of title I (other than 
        subsections (a), (b), (c), (d)(1), (f), and (h) of section 103) 
        shall apply to any such claim, effective upon the making of 
        such election, and the filing of such election shall constitute 
        notice to the Secretary for purposes of section 103(d)(2). Once 
        a mining claim has been converted, there shall be no 
        distinction made as to whether such claim was originally 
        located as a lode or placer claim.
            (2) Unconverted mining claims.--Notwithstanding any other 
        provision of law, any claim referred to in paragraph (1) that 
        has not converted within the 3-year period referred to in such 
        paragraph shall be deemed forfeited and declared null and void.
            (3) Converted mill site claims.--Notwithstanding any other 
        provision of law, within the 3-year period after the effective 
        date of this Act, the holder of any unpatented mill site which 
        was located under the general mining laws before the effective 
        date of this Act may elect to convert the site under this 
        paragraph by filing an election to do so with the Secretary of 
        the Interior that references the Bureau of Land Management 
        serial number of that mill site in the office designated by 
        such Secretary. The provisions of title I (other than 
        subsections (a), (b), (c), (d)(1), and (f) of section 103) 
        shall apply to any such claim, effective upon the making of 
        such election, and the filing of such election shall constitute 
        notice to the Secretary for purposes of section 103(d)(2). A 
        mill site converted under this paragraph shall be deemed a 
        mining claim under this Act.
            (4) Unconverted mill site claims.--Notwithstanding any 
        other provision of law, any mill site referred to in paragraph 
        (3) that has not converted within the 3-year period referred to 
        in such paragraph shall be deemed forfeited and declared null 
        and void.
            (5) Tunnel sites.--Any tunnel site located under the 
        general mining laws on or before the effective date of this Act 
        shall not be recognized as valid unless converted pursuant to 
        paragraph (1). No tunnel sites may be located under the general 
        mining laws after the effective date of this Act.
    (b) Special Application of Requirements.--For mining claims and 
mill sites converted under this section each of the following shall 
apply:
            (1) For the purposes of complying with the requirements of 
        section 103(d)(2), whenever the Secretary receives an election 
        under paragraphs (1) or (3) of subsection (a), as the case may 
        be, he shall provide the certificate referenced in section 
        103(d)(2) to the holder of the mining claim or mill site.
            (2) The first diligence year applicable to mining claims 
        and mill sites converted under this section shall commence on 
        the first day of the first month following the date the holder 
        of such claim or mill site files an election to convert with 
        the Secretary under paragraphs (1) or (3) of subsection (a), as 
        the case may be, and subsequent diligence years shall commence 
        on the first day of that month each year thereafter.
            (3) For the purposes of determining the boundaries of a 
        mining claim to which the rental requirements of section 104 
        apply for a mining claim or mill site converted under this 
        section, the rental fee shall be paid on the basis of land 
        within the boundaries of the converted mining claim or mill 
        site as described in the notice of location or certificate of 
        location filed under section 314 of the Federal Land Policy and 
        Management Act of 1976.
    (c) Preconversion.--Any unpatented mining claim or mill site 
located under the general mining laws shall be deemed to be a prior 
claim for the purposes of section 103(e) during the 3-year period 
referred to in subsections (a)(1) or (a)(3).
    (d) Postconversion.--Any unpatented mining claim or mill site 
located under the general mining laws shall be deemed to be a prior 
claim for the purposes of section 103(e) if converted pursuant to 
subsections (a)(1) or (a)(3).
    (e) Disposition of Land.--In the event a mining claim is located 
under this Act for lands encumbered by a prior mining claim or mill 
site located under the general mining laws, such lands shall become 
part of the claim located under this Act if the claim or mill site 
located under the general mining laws is declared null and void under 
this section or otherwise becomes null and void thereafter.
    (f) Preact Conflicts.--(1) Any conflicts in existence on or before 
the date of enactment of this Act between holders of mining claims 
located under the general mining laws may be resolved in accordance 
with applicable laws governing such conflicts in effect on the date of 
enactment of this Act in a court with proper jurisdiction.
    (2) Any conflicts not relating to matters provided for under 
section 103(g) between the holders of a mining claim located under this 
Act and a mining claim or mill located under the general mining laws 
arising either before or after the conversion of any such claim or site 
under this section shall be resolved in a court with proper 
jurisdiction.

SEC. 405. TRANSITIONAL RULES; SURFACE MANAGEMENT REQUIREMENTS.

    (a) New Claims.--Notwithstanding any other provision of law, any 
mining claim for a locatable mineral on lands subject to this Act 
located after the date of enactment of this Act, but prior to the 
effective date of this Act, shall be subject to such surface management 
requirements as may be applicable to the mining claim in effect prior 
to the date of enactment of this Act until the effective date of this 
Act, at which time such claim shall be subject to the requirements of 
title II.
    (b) Preexisting Claims.--Notwithstanding any other provision of 
law, any unpatented mining claim or mill site located under the general 
mining laws shall be subject to the requirements of title II as 
follows:
            (1) In the event a plan of operations had not been approved 
        for mineral activities on any such claim or site prior to the 
        effective date of this Act, the claim or site shall be subject 
        to the requirements of title II upon the effective date of this 
        Act.
            (2) In the event a plan of operations had been approved for 
        mineral activities on any such claim or site prior to the 
        effective date of this Act, such plan of operations shall 
        continue in force for a period of 5 years after the effective 
        date of this Act, after which time the requirements of title II 
        shall apply, except as provided under subsection (c), subject 
        to the limitations of section 204(d)(2). In order to meet the 
        requirements of section 201, the person conducting mineral 
        activities under such plan of operations shall apply for a 
        modification under section 201(i). During such 5-year period 
        the provisions of section 202 shall apply on the basis of the 
        surface management requirements applicable to such plans of 
        operations prior to the effective date of this Act.
            (3) In the event a notice had been filed with the 
        authorized officer in the applicable district office of the 
        Bureau of Land Management (as provided for in the regulations 
        of the Secretary of the Interior in effect prior to the date of 
        enactment of this Act relating to operations that cause a 
        cumulative disturbance of 5 acres or less) prior to the date of 
        enactment of this Act, mineral activities may continue under 
        such notice for a period of 2 years after the effective date of 
        this Act, after which time the requirements of title II shall 
        apply, except as provided under subsection (c), subject to the 
        limitations of section 204(d)(2). In order to meet the 
        requirements of section 201, the person conducting mineral 
        activities under such notice must apply for a modification 
        under section 201(i) unless such mineral activities are 
        conducted pursuant to section 201(b)(2). During such 2-year 
        period the provisions of section 202 shall apply on the basis 
        of the surface management requirements applicable to such 
        notices prior to the effective date of this Act.
            (4) In the event a notice (as described in paragraph (3)) 
        had not been filed with the authorized officer in the 
        applicable district office of the Bureau of Land Management 
        prior to the date of enactment of this Act, the claim or site 
        shall be subject to the surface management requirements in 
        effect prior to the effective date of this Act at which time 
        such claims shall be subject to the requirements of title II.

SEC. 406. BASIS FOR CONTEST.

    (a) Discovery.--(1) After the effective date of this Act, a mining 
claim may not be contested or challenged on the basis of discovery 
under the general mining laws, except as follows:
            (A) Any claim located on or before the effective date of 
        this Act may be contested by the United States on the basis of 
        discovery under the general mining laws as in effect prior to 
        the effective date of this Act if such claim is located within 
        units of the National Park System, National Wildlife Refuge 
        System, National Wilderness Preservation System, Wild and 
        Scenic Rivers System, National Trails System, or National 
        Recreation Areas designated by an Act of Congress, or within an 
        area referred to in section 205 pending a final determination 
        referenced in such section.
            (B) Any mining claim located on or before the effective 
        date of this Act may be contested by the United States on the 
        basis of discovery under the general mining laws as in effect 
        prior to the effective date of this Act if such claim was 
        located for a mineral material that purportedly has a property 
        giving it distinct and special value within the meaning of 
        section 3(a) of the Act of July 23, 1955, or if such claim was 
        located for a mineral that was not locatable under the general 
        mining laws on or before the effective date of this Act.
    (2) The Secretary of the Interior or the Secretary of Agriculture, 
as the case may be, may initiate contest proceedings against those 
mining claims referred to in paragraph (1) at any time, except that 
nothing in this subsection may be construed as requiring the Secretary 
to inquire into or contest the validity of a mining claim for the 
purpose of the conversion referred to in section 404.
    (3) Nothing in this subsection may be construed as limiting any 
contest proceedings initiated by the United States under this 
subsection on issues other than discovery.

SEC. 407. SAVINGS CLAUSE CLAIMS.

    (a) Notwithstanding any other provision of law, except as provided 
under subsection (b), an unpatented mining claim referred to in section 
37 of the Mineral Leasing Act (30 U.S.C. 193) may not be converted 
under section 404 until the Secretary of the Interior determines the 
claim was valid on the date of enactment of the Mineral Leasing Act and 
has been maintained in compliance with the general mining laws.
    (b) Immediately after the date of enactment of this Act, the 
Secretary of the Interior shall initiate contest proceedings 
challenging the validity of all unpatented claims referred to in 
subsection (a), including those claims for which a patent application 
has not been filed. If a claim is determined to be invalid, the 
Secretary shall promptly declare the claim to be null and void.
    (c) No claim referred to in subsection (a) shall be declared null 
and void under section 404 during the period such claim is subject to a 
proceeding under subsection (b). If, as a result of such proceeding, a 
claim is determined valid, the holder of such claim may comply with the 
requirements of section 404(a)(1), except that the 3-year period 
referred to in such section shall commence with the date of the 
completion of the contest proceeding.

SEC. 408. SEVERABILITY.

    If any provision of this Act or the applicability thereof to any 
person or circumstances is held invalid, the remainder of this Act and 
the application of such provision to other persons or circumstances 
shall not be affected thereby.

SEC. 409. PURCHASING POWER ADJUSTMENT.

    The Secretary shall adjust all rental rates, penalty amounts, and 
other dollar amounts established in this Act for changes in the 
purchasing power of the dollar every 10 years following the date of 
enactment of this Act, employing the Consumer Price Index for all-urban 
consumers published by the Department of Labor as the basis for 
adjustment, and rounding according to the adjustment process of 
conditions of the Federal Civil Penalties Inflation Adjustment Act of 
1990 (104 Stat. 890).

SEC. 410. ROYALTY.

    (a) Reservation of Royalty.--Production of locatable minerals 
(including associated minerals) from any mining claim located or 
converted under this Act, or mineral concentrates derived from 
locatable minerals produced from any mining claim located or converted 
under this Act, as the case may be, shall be subject to a royalty of 
not less than 8 percent of the gross income from the production of such 
locatable minerals or concentrates, as the case may be.
    (b) Royalty Payments.--Royalty payments shall be made to the United 
States not later than 30 days after the end of the month in which the 
product is produced and placed in its first marketable condition, 
consistent with prevailing practices in the industry.
    (c) Reporting Requirements.--All persons holding claims under this 
Act shall be required to provide such information as determined 
necessary by the Secretary to ensure compliance with this section, 
including, but not limited to, quarterly reports, records, documents, 
and other data. Such reports may also include, but not be limited to, 
pertinent technical and financial data relating to the quantity, 
quality, and amount of all minerals extracted from the mining claim.
    (d) Audits.--The Secretary is authorized to conduct such audits of 
all persons holding claims under this Act as he deems necessary for the 
purposes of ensuring compliance with the requirements of this section.
    (e) Disposition of Receipts.--All receipts from royalties collected 
pursuant to this section shall be distributed as follows--
            (1) 50 percent shall be deposited into the Fund referred to 
        in title III;
            (2) 25 percent collected in any State shall be paid to the 
        State in the same manner as are payments to States under 
        section 35 of the Mineral Leasing Act; and
            (3) 25 percent shall be deposited into the Treasury of the 
        United States.
    (f) Compliance.--Any person holding claims under this Act who 
knowingly or willfully prepares, maintains, or submits false, 
inaccurate, or misleading information required by this section, or 
fails or refuses to submit such information, shall be subject to the 
enforcement provisions of section 202 of this Act and forfeiture of the 
claim.
    (g) Regulations.--The Secretary shall promulgate regulations to 
establish gross income for royalty purposes under subsection (a) and to 
ensure compliance with this section.
    (h) Report.--The Secretary shall submit to the Congress an annual 
report on the implementation of this section. The information to be 
included in the report shall include, but not be limited to, aggregate 
and State-by-State production data, and projections of mid-term and 
long-term hard rock mineral production and trends on public lands.

SEC. 411. SAVINGS CLAUSE.

    (a) Special Application of Mining Laws.--Nothing in this Act shall 
be construed as repealing or modifying any Federal law, regulation, 
order or land use plan, in effect prior to the effective date of this 
Act that prohibits or restricts the application of the general mining 
laws, including such laws that provide for special management criteria 
for operations under the general mining laws as in effect prior to the 
effective date of this Act, to the extent such laws provide 
environmental protection greater than required under this title.
    (b) Other Federal Laws.--Nothing in this Act shall be construed as 
superseding, modifying, amending or repealing any provision of Federal 
law not expressly superseded, modified, amended or repealed by this 
Act, including but not necessarily limited to, all of the following 
laws--
            (1) the Clean Water Act (33 U.S.C. 1251 and following);
            (2) the Clean Air Act (42 U.S.C. 7401 and following);
            (3) title IX of the Public Health Service Act (the Safe 
        Drinking Water Act (42 U.S.C. 300f and following));
            (4) the Endangered Species Act of 1973 (16 U.S.C. 1531 and 
        following);
            (5) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 and following);
            (6) the Atomic Energy Act of 1954 (42 U.S.C. 2011 and 
        following);
            (7) the Uranium Mill Tailings Radiation Control Act (42 
        U.S.C. 7901 to 7942);
            (8) the Federal Mine Safety and Health Act of 1977 (30 
        U.S.C. 801 and following);
            (9) the Solid Waste Disposal Act (42 U.S.C. 6901 and 
        following);
            (10) the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 and 
        following);
            (11) the Act commonly known as the False Claims Act (31 
        U.S.C. 3729 to 3731);
            (12) the National Historic Preservation Act (16 U.S.C. 470 
        and following);
            (13) the Migratory Bird Treaty Act (16 U.S.C. 706 and 
        following); and
            (14) the Forest and Rangeland Renewable Resources Planning 
        Act of 1974, as amended by the National Forest Management Act 
        of 1976.
    (c) Protection of Conservation Areas.--In order to protect the 
resources and values of Denali National Park and Preserve, and all 
other National Conservation System units, the Secretary of the Interior 
or other appropriate Secretary shall utilize authority under this Act 
and other applicable law to the fullest extent necessary to prevent 
mineral activities within the boundaries of such units that could have 
an adverse impact on the resources or values of such units.

SEC. 412. AVAILABILITY OF PUBLIC RECORDS.

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

                                 <all>

HR 322 SC----2
HR 322 SC----3
HR 322 SC----4
HR 322 SC----5
HR 322 SC----6
HR 322 SC----7
HR 322 SC----8
```