I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘Mineral Exploration and Development Act of 1993’’.

4 (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.

5 TITLE I—MINERAL EXPLO6 RATION AND DEVELOPMENT

7 SEC. 101. DEFINITIONS, REFERENCES, AND COVERAGE.

8 (a) DEFINITIONS.—As used in this Act:
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1 (1) The term ‘‘applicant’’ means any person ap2 plying for a plan of operations under this Act or a

3 modification to or a renewal of a plan of operations

4 under this Act.

5 (2) The term ‘‘claim holder’’ means the holder

6 of a mining claim located or converted under this

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

8 holder.

9 (3) The term ‘‘diligence year’’ means the an10 nual period commencing on the first day of the first

11 month following the date a mining claim is located

12 under this Act and each annual period thereafter,

13 except as provided under section 404(b)(2).

14 (4) The term ‘‘land use plans’’ means those

15 plans required under section 202 of the Federal

16 Land Policy and Management Act of 1976 (43

17 U.S.C. 1712) or the land management plans for Na18 tional Forest System units required under section 6

19 of the Forest and Rangeland Renewable Resources

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

21 is applicable.

22 (5) The term ‘‘legal subdivisions’’ means an ali23 quot quarter quarter section of land as established

24 by the official records of the public land survey sys25 tem, or a single lot as established by the official
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1 records of the public land survey system if the perti2 nent section is irregular and contains fractional lots,

3 as the case may be.

4 (6) The term ‘‘locatable mineral’’ means any

5 mineral not subject to disposition under any of the

6 following:

7 (A) the Mineral Leasing Act (30 U.S.C.

8 181 and following);

9 (B) the Geothermal Steam Act of 1970

10 (30 U.S.C. 100 and following);

11 (C) the Act of July 31, 1947, commonly

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

13 601 and following); or

14 (D) the Mineral Leasing for Acquired

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

16 (7) The term ‘‘mineral activities’’ means any

17 activity for, related to or incidental to mineral explo18 ration, mining, beneficiation and processing activi19 ties for any locatable mineral, including access.

20 When used with respect to this term—

21 (A) the term ‘‘exploration’’ means those

22 techniques employed to locate the presence of a

23 locatable mineral deposit and to establish its

24 nature, position, size, shape, grade and value;
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1 (B) the term ‘‘mining’’ means the proc2 esses employed for the extraction of a locatable

3 mineral from the earth;

4 (C) the term ‘‘beneficiation’’ means the

5 crushing and grinding of locatable mineral ore

6 and such processes are employed to free the

7 mineral from other constituents, including but

8 not necessarily limited to, physical and chemical

9 separation techniques; and

10 (D) the term ‘‘processing’’ means proc11 esses downstream of beneficiation employed to

12 prepare locatable mineral ore into the final

13 marketable product, including but not limited

14 to, smelting and electrolytic refining.

15 (8) The term ‘‘mining claim’’ means a claim for

16 the purposes of mineral activities.

17 (9) The term ‘‘National Conservation System

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

19 National Wildlife Refuge System, National Wild and

20 Scenic Rivers System, National Trails System, or a

21 National Conservation Area, National Recreation

22 Area, or a National Forest Monument.

23 (10) The term ‘‘operator’’ means any person,

24 partnership or corporation with a plan of operations

25 approved under this Act.
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1 (11) The term ‘‘Secretary’’ means, unless oth2 erwise provided in this Act—

3 (A) the Secretary of the Interior for the

4 purposes of title I and title III;

5 (B) the Secretary of the Interior with re6 spect to land under the jurisdiction of such Sec7 retary and all other lands subject to this Act

8 (except for lands under the jurisdiction of the

9 Secretary of Agriculture) for the purposes of

10 title II; and

11 (C) the Secretary of Agriculture with re12 spect to lands under the jurisdiction of the Sec13 retary of Agriculture for the purposes of title

14 II.

15 (12) The term ‘‘substantial legal and financial

16 commitments’’ means significant investments that

17 have been made to develop mining claims under the

18 general mining laws such as: long-term contracts for

19 minerals produced; processing, beneficiation, or ex20 traction facilities and transportation infrastructure;

21 or other capital-intensive activities. Costs of acquir22 ing the mining claim or claims, or the right to mine

23 alone without other significant investments as de24 tailed above, are not sufficient to constitute substan25 tial legal and financial commitments.
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1 (13) The term ‘‘surface management require2 ments’’ means the requirements and standards of

3 section 201, section 203 and section 204 of this Act,

4 and such other standards as are established by the

5 Secretary governing mineral activities and reclama6 tion.

7 (b) REFERENCES.—(1) Any reference in this Act to

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

9 Acts which generally comprise 30 U.S.C. chapters 2, 12A,

10 and 16, and sections 161 and 162.

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

12 1955’’, is a reference to the Act of July 23, 1955, entitled

13 ‘‘An Act to amend the Act of July 31, 1947 (61 Stat.

14 681) and the mining laws to provide for multiple use of

15 the surface of the same tracts of the public lands, and

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

17 (c) COVERAGE.—This Act shall apply only to mineral

18 activities and reclamation on lands and interests in land

19 which are open to location as provided in this Act.

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

21 ACT.

22 (a) OPEN LANDS.—Mining claims may be located

23 under this Act on lands and interests in lands owned by

24 the United States to the extent that —
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1 (1) such lands and interests were open to the

2 location of mining claims under the general mining

3 laws on the date of enactment of this Act;

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

5 location of mining claims by reason of section 204(f)

6 or section 205 of this Act; and

7 (3) such lands and interests are opened to the

8 location of mining claims after the date of enact9 ment of this Act by reason of any administrative ac10 tion or statute.

11 (b) RIGHTS.—The holder of a mining claim located

12 or converted under this Act and maintained in compliance

13 with this Act shall have the exclusive right of possession

14 and use of the claimed land for mineral activities, includ15 ing the right of ingress and egress to such claimed lands

16 for such activities, subject to the rights of the United

17 States under section 108 and title II.

18 SEC. 103. LOCATION OF MINING CLAIMS.

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

20 claim covering lands open to the location of mining claims

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

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

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

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

25 posted on a conspicuous, durable monument erected as
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1 near as practicable to the northeast corner of the mining

2 claim. No person who is not a citizen, or a corporation

3 organized under the laws of the United States or of any

4 State or the District of Columbia may locate or hold a

5 claim under this Act.

6 (b) USE OF PUBLIC LAND SURVEY.—Except as pro7 vided in subsection (c), each mining claim located under

8 this Act shall (1) be located in accordance with the public

9 land survey system, and (2) conform to the legal subdivi10 sions thereof. Except as provided in subsection (c), the

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

12 public land survey system and its legal subdivisions.

13 (c) EXCEPTIONS.—(1) If only a protracted survey ex14 ists for the public lands concerned, each of the following

15 shall apply in lieu of subsection (b):

16 (A) The legal description of the mining claim

17 shall be based on the protracted survey and the min18 ing claim shall be located as near as practicable in

19 conformance with a protracted legal subdivision.

20 (B) The mining claim shall be monumented on

21 the ground by the erection of a conspicuous durable

22 monument at each corner of the claim.

23 (C) The legal description of the mining claim

24 shall include a reference to any existing survey

25 monument, or where no such monument can be
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1 found within a reasonable distance, to a permanent

2 natural object.

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

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

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

6 with each side laid out in cardinal directions, 40

7 acres in size.

8 (B) The claim shall be monumented on the

9 ground by the erection of a conspicuous durable

10 monument at each corner of the claim.

11 (C) The legal description of the mining claim

12 shall be expressed in metes and bounds and shall in13 clude a reference to any existing survey monument,

14 or where no such monument can be found within a

15 reasonable distance, to a permanent natural object.

16 Such description shall be of sufficient accuracy and

17 completeness to permit recording of the claim upon

18 the public land records and to permit the Secretary

19 and other parties to find the claim upon the ground.

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

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

22 description of such claim in the notice of location referred

23 to in subsection (a), the notice of location shall be deter24 minative.
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1 (d) FILING WITH SECRETARY.—(1) Within 30 days

2 after the location of a mining claim pursuant to this sec3 tion, a copy of the notice of location referred to in sub4 section (a) shall be filed with the Secretary in an office

5 designated by the Secretary.

6 (2) Whenever the Secretary receives a copy of a no7 tice of location of a mining claim under this Act, the Sec8 retary shall assign a serial number to the mining claim,

9 and immediately return a copy of the notice of location

10 to the locator of the claim, together with a certificate set11 ting forth the serial number, a description of the claim,

12 and the claim maintenance requirements of section 104.

13 The Secretary shall enter the claim on the public land

14 records.

15 (e) LANDS COVERED BY CLAIM.—A mining claim lo16 cated under this Act shall include all lands and interests

17 in lands open to location within the boundaries of the

18 claim, subject to any prior mining claim referenced under

19 subsections (c) and (d) of section 404.

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

21 under this Act shall be effective based upon the time of

22 location.

23 (g) CONFLICTING LOCATIONS.—Any conflicts be24 tween the holders of mining claims located or converted

25 under this Act relating to relative superiority under the
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1 provisions of this Act may be resolved in adjudication pro2 ceedings before the Secretary. Such adjudication shall be

3 determined on the record after opportunity for hearing.

4 It shall be incumbent upon the holder of a mining claim

5 asserting superior rights in such proceedings to dem6 onstrate to the Secretary that such person was the senior

7 locator, or if such person is the junior locator, that prior

8 to the location of the claim by such locator—

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

10 notice of location within the time provided under

11 subsection (d);

12 (2) the amount of rental paid by the senior lo13 cator at the time of filing the instrument referred to

14 in subsection 104(d)(1) was less than the amount

15 required to be paid by such locator; or

16 (3) the senior locator did not make the diligent

17 development expenditures reported on the most re18 cent affidavit filed with the instrument referred to in

19 subsection 104(d)(1), or such expenditures did not

20 comply with the requirements of subsection 104(b).

21 (h) EXTENT OF MINERAL DEPOSIT.—The bound22 aries of a mining claim located under this Act shall extend

23 vertically downward.
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1 SEC. 104. CLAIM MAINTENANCE REQUIREMENTS.

2 (a) IN GENERAL.—(1) Except as provided under sub3 section (b), in order to maintain a mining claim under this

4 Act a claim holder shall pay an annual rental fee. The

5 rental fee shall be paid on the basis of all land within the

6 boundaries of a mining claim (as described in notice of

7 location filed under section 103(d)) at a rate established

8 by the Secretary of not less than—

9 (A) $5 per acre in each of the first through

10 fifth diligence years following location of the claim;

11 (B) $10 per acre in each of the sixth through

12 tenth diligence years following location of the claim;

13 (C) $15 per acre in each of the eleventh

14 through fifteenth diligence years following location

15 of the claim;

16 (D) $20 per acre in each of the sixteenth

17 through twentieth diligence years following location

18 of the claim; and

19 (E) $25 per acre in the twenty-first diligence

20 year following location of the claim, and each dili21 gence year thereafter.

22 (2) The rental fee shall be due and payable at the

23 time the claim holder files the instrument required under

24 subsection (d)(1).
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1 (3) The Secretary shall deposit all moneys received

2 from rental fees collected under this subsection into the

3 Fund referred to in title III.

4 (b) DILIGENT DEVELOPMENT EXPENDITURES.—(1)

5 A claim holder may elect to reduce the amount of the rent6 al fee required under subsection (a) by the amount of dili7 gent development expenditures made for mineral activities

8 on or to the benefit of a mining claim during the same

9 diligence year to which the rental fee would otherwise

10 apply, except that in no event shall such reduction cause

11 less than an annual rental fee of $2.50 per acre of all

12 land within the boundaries of a mining claim (as described

13 in notice of location filed under section 103(d)) to be paid.

14 Such expenditures made for mineral activities on or to the

15 benefit of any one claim, or more than one claim in a

16 group of contiguous claims held by the same claim holder,

17 may be deemed to have been performed for the benefit

18 of the entire group of contiguous claims so long as the

19 sum total of the expenditures equals the total amount of

20 expenditures that would have been made if such expendi21 tures had been made on or to the benefit of each individual

22 claim in the group.

23 (2) Diligent development expenditures shall include

24 those made for any of the following:
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1 (A) Investigations and surveys, including

2 geotechnical, geological, geophysical or geochemical

3 surveys.

4 (B) Bulk mineral sampling and testing.

5 (C) Drilling.

6 (D) Environmental and engineering studies.

7 (E) The reclamation and restoration of land

8 disturbed by mineral activities during exploration.

9 (F) Such other activities that constituted as10 sessment work under the general mining laws prior

11 to the date of enactment of this Act.

12 (G) Such other mineral activities as the Sec13 retary may, by rule, establish.

14 (3) In the event a claim holder elects to reduce the

15 amount of the rental fee under paragraph (1), such claim

16 holder shall file an affidavit under this paragraph at the

17 time such claim holder files the instrument required under

18 subsection (d)(1). The affidavit shall contain a detailed de19 scription of the value and nature of all diligent develop20 ment expenditures made under this subsection and shall

21 be of sufficient detail as to permit validation by the Sec22 retary of the expenditure amounts and beneficial nature

23 of the expenditures.

24 (4) A claim holder shall maintain documentary proof

25 of diligent development expenditures reported on the affi-
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1 davit referred to in paragraph (3) for a period of 5 years

2 after the diligence year to which such expenditures apply.

3 Such documentary proof shall be made available at the

4 request of the Secretary for the purpose of the validation

5 referred to in paragraph (3) and the audit referred to in

6 subsection (f).

7 (c) MINIMUM RENTAL.—(1) A claim holder shall only

8 be required to pay a minimum annual rental fee of $2.50

9 per acre of all land within the boundaries of a mining

10 claim (as described in notice of location filed under section

11 103(d)) under any of the following circumstances:

12 (A) If a claim holder demonstrates to the Sec13 retary that such claim holder is prevented from

14 making diligent development expenditures under

15 subsection (b) by reason of—

16 (i) any judicial proceeding or administra17 tive action; or

18 (ii) the fact that the mining claim or group

19 of contiguous claims is surrounded by lands

20 over which a right-of-way for the performance

21 of such requirement has been denied, is in liti22 gation, or is in the process of acquisition under

23 State law, or that other legal impediments exist

24 which affect the right of the claimant to enter

25 upon the surface of such claim or group of con-
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1 tiguous claims or to gain access to the bound2 aries thereof or to conduct mineral activities

3 thereon;

4 pursuant to such rules as the Secretary may pre5 scribe governing the length and termination of the

6 minimum rental requirement.

7 (B) By reason of section 5 of Public Law 94–

8 429, commonly known as the Mining in the Parks

9 Act, for any claim subject to such section after the

10 conversion of such claim under section 404.

11 (C) By reason of such other laws that here12 tofore removed the applicability of the assessment

13 work requirement of the general mining laws for any

14 claim subject to such laws after the conversion of

15 such claim under section 404.

16 (2) The rental fee shall be due and payable at the

17 time the claim holder files the instrument required under

18 subsection (d)(1). Included with such instrument shall be

19 a statement setting forth the reasons why the claim holder

20 is only required to pay the minimum rental.

21 (3) The Secretary shall deposit all moneys received

22 from rental fees collected under this subsection into the

23 Fund referred to in title III.

24 (d) INSTRUMENT.—(1) In order to maintain a mining

25 claim under this Act, a claim holder shall, on or before
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1 the date which is the last day of the third calendar month

2 after the anniversary date of each diligence year for such

3 claim, file an instrument with the Secretary containing the

4 name and address of the claim holder and the serial num5 ber assigned to the claim pursuant to section 103(d). The

6 instrument shall be accompanied by, as the case may be,

7 the following—

8 (A) the rental fee required for the applicable

9 diligence year referred to in subsection (a)(1);

10 (B) the amount of rental fee required due to

11 the reduction of such fee by diligent development ex12 penditures under subsection (b)(1), and the affidavit

13 referred to in subsection (b)(3); or

14 (C) the minimum rental fee referred to in sub15 section (c)(1) and the statement referred to in sub16 section (c)(2).

17 (2) If, in any diligence year, a claim holder fails to

18 file the instrument referred to in paragraph (1) within the

19 period referred to in such paragraph or fails, in any re20 spect, to comply with the requirements of paragraph (1),

21 the Secretary shall immediately provide notice thereof to

22 the claim holder and after 30 days from the date of such

23 notice the claim shall be deemed forfeited and such claim

24 shall be null and void, except as provided under subsection

25 (e). Such notice shall be sent to the claim holder by reg-
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1 istered or certified mail to the address provided by such

2 claim holder in the notice of location referred to in section

3 103(a) or on the last instrument referred to in subsection

4 (d)(1) filed by such claim holder, whichever is most recent.

5 In the event such notice is returned as undelivered, the

6 Secretary shall be deemed to have fulfilled the notice re7 quirements of this paragraph.

8 (e) FAILURE TO COMPLY.—(1) No claim may be

9 deemed forfeited and declared null and void by the Sec10 retary due to a failure to comply with the requirements

11 referred to in subsection (d) if the claim holder corrects

12 such failure to the satisfaction of the Secretary within 10

13 days after the date such claim holder was required to file

14 the instrument referred to in subsection (d)(1).

15 (2) No claim may be deemed forfeited and declared

16 null and void by the Secretary due to a failure to comply

17 with the requirements referred to in subsection (d) if,

18 within 10 days after date of the notice referred to in sub19 section (d)(2), the claim holder corrects such failure to

20 the satisfaction of the Secretary, and if the Secretary de21 termines that such failure was justifiable or not due to

22 a lack of reasonable diligence on the part of the claim

23 holder, or that such failure was inadvertent.

24 (f) AUDITS.—The Secretary is authorized to conduct

25 such audits of claim holders as he deems necessary for
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1 the purpose of ensuring compliance with the requirements

2 of this section. For purposes of performing such audits,

3 the Secretary shall, at reasonable times and upon request,

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

5 documents that relate to compliance with this section of

6 any person subject to the provisions of this section.

7 SEC. 105. PENALTIES.

8 (a) VIOLATION.—Any claim holder who—

9 (1) knowingly or willfully posts on a mining

10 claim or files a notice of location with the Secretary

11 under section 103 that contains false, inaccurate or

12 misleading statements;

13 (2) knowingly or willfully prepares, maintains,

14 or submits false, inaccurate, or misleading informa15 tion on diligent development expenditures on the af16 fidavit referred to in section 104(b)(3); or

17 (3) fails or refuses to permit an audit pursuant

18 to section 104(f);

19 shall be liable for a penalty of not more than $5,000 per

20 violation. Each day of continuing violation may be deemed

21 a separate violation for purposes of penalty assessments.

22 (b) REVIEW.—No civil penalty under this section

23 shall be assessed until the claim holder charged with the

24 violation has been given the opportunity for a hearing on

25 the record under section 202(f).
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1 SEC. 106. PREEMPTION.

2 The requirements of this title shall preempt any con3 flicting requirements of any State, or political subdivision

4 thereof relating to the location and maintenance of mining

5 claims as provided for by this Act. The filing requirements

6 of section 314 of the Federal Land Policy and Manage7 ment Act (43 U.S.C. 1744) shall not apply with respect

8 to any mining claim located or converted under this Act.

9 SEC. 107. LIMITATION ON PATENT ISSUANCE.

10 (a) MINING CLAIMS.—After January 5, 1993, no pat11 ent shall be issued by the United States for any mining

12 claim located under the general mining laws unless the

13 Secretary of the Interior determines that, for the claim

14 concerned—

15 (1) a patent application was filed with the Sec16 retary on or before January 5, 1993; and

17 (2) all requirements established under sections

18 2325 and 2326 of the Revised Statutes (30 U.S.C.

19 29 and 30) for vein or lode claims and sections

20 2329, 2330, 2331, and 2333 of the Revised Statutes

21 (30 U.S.C. 35, 36, and 37) for placer claims were

22 fully complied with by that date.

23 If the Secretary makes the determinations referred to in

24 paragraphs (1) and (2) for any mining claim, the holder

25 of the claim shall be entitled to the issuance of a patent

26 in the same manner and degree to which such claim holder
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1 would have been entitled to prior to the enactment of this

2 Act, unless and until such determinations are withdrawn

3 or invalidated by the Secretary or by a court of the United

4 States.

5 (b) MILL SITES.—After January 5, 1993, no patent

6 shall be issued by the United States for any mill site claim

7 located under the general mining laws unless the Secretary

8 of the Interior determines that for the mill site con9 cerned—

10 (1) a patent application for such land was filed

11 with the Secretary on or before January 5, 1993;

12 and

13 (2) all requirements applicable to such patent

14 application were fully complied with by that date.

15 If the Secretary makes the determinations referred to in

16 paragraphs (1) and (2) for any mill site claim, the holder

17 of the claim shall be entitled to the issuance of a patent

18 in the same manner and degree to which such claim holder

19 would have been entitled to prior to the enactment of this

20 Act, unless and until such determinations are withdrawn

21 or invalidated by the Secretary or by a court of the United

22 States.
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1 SEC. 108. MULTIPLE MINERAL DEVELOPMENT AND SUR2 FACE RESOURCES.

3 (a) IN GENERAL.—The provisions of sections 4 and

4 6 of the Act of August 13, 1954 (30 U.S.C. 524 and 526),

5 commonly known as the Multiple Minerals Development

6 Act, and the provisions of section 4 of the Act of July

7 23, 1955 (30 U.S.C. 612), shall apply to all mining claims

8 located or converted under this Act.

9 (b) ENFORCEMENT.—The Secretary of the Interior,

10 or the Secretary of Agriculture, as the case may be, shall

11 take such actions as may be necessary to ensure the com12 pliance by claim holders with section 4 of the Act of July

13 23, 1955 (30 U.S.C. 612).

14 SEC. 109. MINERAL MATERIALS.

15 (a) DETERMINATIONS.—Section 3 of the Act of July

16 23, 1955 (30 U.S.C. 611), is amended as follows:

17 (1) Insert ‘‘(a)’’ before the first sentence.

18 (2) Strike ‘‘or cinders’’ and insert in lieu there19 of ‘‘cinders, or clay’’.

20 (3) Add the following new subsection at the end

21 thereof:

22 ‘‘(b)(1) Subject to valid existing rights, after the date

23 of enactment of the Mineral Exploration and Development

24 Act of 1993, all deposits of mineral materials referred to

25 in subsection (a), including the block pumice referred to
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1 in such subsection, shall only be subject to disposal under

2 the terms and conditions of the Materials Act of 1947.

3 ‘‘(2) For purposes of paragraph (1), the term ‘valid

4 existing rights’ means that a mining claim located for any

5 such mineral material had some property giving it the dis6 tinct and special value referred to in subsection (a), or

7 as the case may be, met the definition of block pumice

8 referred to in such subsection, was properly located and

9 maintained under the general mining laws prior to the

10 date of enactment of the Mineral Exploration and Devel11 opment Act of 1993, and was supported by a discovery

12 of a valuable mineral deposit within the meaning of the

13 general mining laws on the date of enactment of the Min14 eral Exploration and Development Act of 1993 and that

15 such claim continues to be valid.’’.

16 (b) MINERAL MATERIALS DISPOSAL CLARIFICA17 TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C.

18 612), is amended as follows:

19 (1) In subsection (b) insert ‘‘and mineral mate20 rial’’ after ‘‘vegetative’’.

21 (2) In subsection (c) insert ‘‘and mineral mate22 rial’’ after ‘‘vegetative’’.

23 (c) CONFORMING AMENDMENT.—Section 1 of the

24 Act of July 31, 1947, entitled ‘‘An Act to provide for the

25 disposal of materials on the public lands of the United
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1 States’’ (30 U.S.C. 601 and following) is amended by

2 striking ‘‘common varieties of’’ in the first sentence.

3 (d) SHORT TITLES.—

4 (1) SURFACE RESOURCES.—The Act of July

5 23, 1955, is amended by inserting after section 7

6 the following new section:

7 ‘‘SEC. 8. This Act may be cited as the ‘Surface Re8 sources Act of 1955’.’’.

9 (2) MINERAL MATERIALS.—The Act of July 31,

10 1947, entitled ‘‘An Act to provide for the disposal of

11 materials on the public lands of the United States’’

12 (30 U.S.C. 601 and following) is amended by insert13 ing after section 4 the following new section:

14 ‘‘SEC. 5. This Act may be cited as the ‘Materials Act

15 of 1947’.’’.

16 (e) REPEAL.—(1) The Act of August 4, 1892 (27

17 Stat. 348) commonly known as the Building Stone Act

18 is hereby repealed.

19 (2) The Act of January 31, 1901 (30 U.S.C. 162)

20 commonly known as the Saline Placer Act is hereby

21 repealed.
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1 TITLE II—ENVIRONMENTAL

2 CONSIDERATIONS OF MIN3 ERAL EXPLORATION AND DE4 VELOPMENT

5 SEC. 201. SURFACE MANAGEMENT.

6 (a) IN GENERAL.—Notwithstanding the last sentence

7 of section 302(b) of the Federal Land Policy and Manage8 ment Act of 1976, and in accordance with this title and

9 other applicable law, the Secretary shall require that min10 eral activities and reclamation be conducted so as to mini11 mize adverse impacts to the environment.

12 (b) PLANS OF OPERATION.—(1) Except as provided

13 under paragraph (2), no person may engage in mineral

14 activities that may cause a disturbance of surface re15 sources unless such person has filed a plan of operations

16 with, and received approval of such plan of operations,

17 from the Secretary.

18 (2)(A) A plan of operations may not be required for

19 mineral activities related to exploration that cause a neg20 ligible disturbance of surface resources not involving the

21 use of mechanized earth moving equipment, suction dredg22 ing, explosives, the use of motor vehicles in areas closed

23 to off-road vehicles, the construction of roads, drill pads,

24 or the use of toxic or hazardous materials.
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1 (B) A plan of operations may not be required for min2 eral activities related to exploration that, after notice to

3 the Secretary, involve only a minimal and readily reclaim4 able disturbance of surface resources related to and in5 cluding initial test drilling not involving the construction

6 of access roads, except activities under notice shall not

7 commence until an adequate financial guarantee is estab8 lished for such activities pursuant to subsection (l).

9 (c) CONTENTS OF PLANS.—Each proposed plan of

10 operations shall include a mining permit application and

11 a reclamation plan together with such documentation as

12 necessary to ensure compliance with applicable Federal

13 and State environmental laws and regulations.

14 (d) MINING PERMIT APPLICATION REQUIRE15 MENTS.—The mining permit referred to in subsection (c)

16 shall include such terms and conditions as prescribed by

17 the Secretary, and each of the following:

18 (1) The name and mailing address of—

19 (A) the applicant for the mining permit;

20 (B) the operator if different than the ap21 plicant;

22 (C) each claim holder of the lands subject

23 to the plan of operations if different than the

24 applicant;
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1 (D) any subsidiary, affiliate or person con2 trolled by or under common control with the ap3 plicant, or the operator or each claim holder, if

4 different than the applicant; and

5 (E) the owner or owners of any land, or in6 terests in any such land, not subject to this Act,

7 within or adjacent to the proposed mineral ac8 tivities.

9 (2) A statement of any plans of operation held

10 by the applicant, operator or each claim holder if

11 different than the applicant, or any subsidiary, affili12 ate, or person controlled by or under common con13 trol with the applicant, operator or each claim holder

14 if different than the applicant.

15 (3) A statement of whether the applicant, oper16 ator or each claim holder if different than the appli17 cant, and any subsidiary, affiliate, or person con18 trolled by or under common control with the appli19 cant, operator or each claim holder if different than

20 the applicant has an outstanding violation of this

21 Act, any surface management requirements, or ap22 plicable air and water quality laws and regulations

23 and if so, a brief explanation of the facts involved,

24 including identification of the site and the nature of

25 the violation.
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1 (4) A description of the type and method of

2 mineral activities proposed, the engineering tech3 niques proposed to be used and the equipment pro4 posed to be used.

5 (5) The anticipated starting and termination

6 dates of each phase of the mineral activities pro7 posed.

8 (6) A map, to an appropriate scale, clearly

9 showing the land to be affected by the proposed min10 eral activities.

11 (7) A description of the quantity and quality of

12 surface and ground water resources within and

13 along the boundaries of, and adjacent to, the area

14 subject to mineral activities based on 12 months of

15 pre-disturbance monitoring.

16 (8) A description of the biological resources

17 found in or adjacent to the area subject to mineral

18 activities, including vegetation, fish and wildlife, ri19 parian and wetland habitats.

20 (9) A description of the monitoring systems to

21 be used to detect and determine whether compliance

22 has and is occurring consistent with the surface

23 management requirements and to regulate the ef24 fects of mineral activities and reclamation on the
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1 site and surrounding environment, including but not

2 limited to, groundwater, surface water, air and soils.

3 (10) Accident contingency plans that include,

4 but are not limited to, immediate response strate5 gies, corrective measures to mitigate impacts to fish

6 and wildlife, ground and surface waters, notification

7 procedures and waste handling and toxic material

8 neutralization.

9 (11) Any measures to comply with any condi10 tions on minerals activities and reclamation that

11 may be required in the applicable land use plan, in12 cluding any condition stipulated pursuant to section

13 204(d)(1)(B).

14 (12) A description of measures planned to ex15 clude fish and wildlife resources from the area sub16 ject to mineral activities by covering, containment,

17 or fencing of open waters, beneficiation, and process18 ing materials; or maintenance of all facilities in a

19 condition that is not harmful to fish and wildlife.

20 (13) Such environmental baseline data as the

21 Secretary, by rule, shall require sufficient to validate

22 the determinations required for plan approval under

23 this Act.

24 (e) RECLAMATION PLAN APPLICATION REQUIRE25 MENTS.—The reclamation plan referred to in subsection
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1 (c) shall include such terms and conditions as prescribed

2 by the Secretary, and each of the following:

3 (1) A description of the condition of the land

4 subject to the mining permit prior to the commence5 ment of any mineral activities.

6 (2) A description of reclamation measures pro7 posed pursuant to the requirements of subsections

8 (m) and (n).

9 (3) The engineering techniques to be used in

10 reclamation and the equipment proposed to be used.

11 (4) The anticipated starting and termination

12 dates of each phase of the reclamation proposed.

13 (5) A description of the proposed condition of

14 the land following the completion of reclamation.

15 (6) A description of the maintenance measures

16 that will be necessary to meet the surface manage17 ment requirements of this Act, such as, but not lim18 ited to, drainage water treatment facilities, or liner

19 maintenance and control.

20 (7) The consideration which has been given to

21 making the condition of the land after the comple22 tion of mineral activities and final reclamation con23 sistent with the applicable land use plan.

24 (f) PUBLIC PARTICIPATION.—(1) Concurrent with

25 submittal of a plan of operations, or a renewal application
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1 for a plan of operations, the applicant shall publish a no2 tice in a newspaper of local circulation for 4 consecutive

3 weeks that shall include: the name of the applicant, the

4 location of the proposed mineral activities, the type and

5 expected duration of the proposed mineral activities, and

6 the intended use of the land after the completion of min7 eral activities and reclamation. The Secretary shall also

8 notify in writing other Federal, State and local govern9 ment agencies that regulate mineral activities or land

10 planning decisions in the area subject to mineral activities.

11 (2) Copies of the complete proposed plan of oper12 ations shall be made available for public review for 30 days

13 at the office of the responsible Federal surface manage14 ment agency located nearest to the location of the pro15 posed mineral activities, and at the county courthouse of

16 the county in which the mineral activities are proposed

17 to be located, prior to final decision by the Secretary. Dur18 ing this period, any person and the authorized representa19 tive of a Federal, State or local governmental agency shall

20 have the right to file written comments relating to the ap21 proval or disapproval of the plan of operations. The Sec22 retary shall immediately make such comments available to

23 the applicant.

24 (3) Any person that is or may be adversely affected

25 by the proposed mineral activities may request, after filing
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1 written comments pursuant to paragraph (2), a public

2 hearing to be held in the county in which the mineral ac3 tivities are proposed. If a hearing is requested, the Sec4 retary shall conduct a hearing. When a hearing is to be

5 held, notice of such hearing shall be published in a news6 paper of local circulation for 2 weeks prior to the hearing

7 date.

8 (g) PLAN APPROVAL.—(1) After providing notice and

9 opportunity for public comment and hearing, the Sec10 retary may approve, require modifications to, or deny a

11 proposed plan of operations, except as provided in section

12 405. To approve a plan of operations, the Secretary shall

13 make each of the following determinations:

14 (A) The mining permit application and reclama15 tion plan are complete and accurate.

16 (B) The applicant has demonstrated that rec17 lamation as required by this Act can be accom18 plished under the reclamation plan and would have

19 a high probability of success based on an analysis of

20 such reclamation measures in areas of similar geo21 chemistry, topography and hydrology.

22 (C) The proposed mineral activities, reclama23 tion and condition of the land after the completion

24 of mineral activities and final reclamation would be
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1 consistent with the land use plan applicable to the

2 area subject to mineral activities.

3 (D) The area subject to the proposed plan of

4 operations is not included within an area designated

5 unsuitable under section 204 for the types of min6 eral activities proposed.

7 (E) The applicant has demonstrated that the

8 plan of operations will be in compliance with the re9 quirements of all other applicable Federal require10 ments, and any State requirements agreed to by the

11 Secretary pursuant to subsection 203(c).

12 (2) Final approval of a plan of operations under this

13 subsection shall be conditioned upon compliance with sub14 section (l) and, based on information supplied by the ap15 plicant, a determination of the probable hydrologic con16 sequences of the proposed mineral activities and reclama17 tion.

18 (3)(A) A plan of operations under this section shall

19 not be approved if the applicant, operator, or any claim

20 holder if different than the applicant, or any subsidiary,

21 affiliate, or person controlled by or under common control

22 with the applicant, operator or each claim holder if dif23 ferent than the applicant, is currently in violation of this

24 Act, any surface management requirement or of any appli25 cable air and water quality laws and regulations at any
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1 site where mineral activities have occurred or are occur2 ring.

3 (B) The Secretary shall suspend an approved plan

4 of operations if the Secretary determines that any of the

5 entities described in section 201(d)(1) were in violation of

6 the surface management requirements at the time the plan

7 of operations was approved.

8 (C) A plan of operations referred to in this subsection

9 shall not be approved or reinstated, as the case may be,

10 until the applicant submits proof that the violation has

11 been corrected or is in the process of being corrected to

12 the satisfaction of the Secretary; except that no proposed

13 plan of operations, after opportunity for a hearing, shall

14 be approved for any applicant, operator or each claim

15 holder if different than the applicant with a demonstrated

16 pattern of willful violations of the surface management re17 quirements of such nature and duration and with such re18 sulting irreparable damage to the environment as to clear19 ly indicate an intent not to comply with the surface man20 agement requirements.

21 (h) TERM OF PERMIT; RENEWAL.—(1) The approval

22 of a plan of operations shall be for a stated term. The

23 term shall be no greater than that necessary to accomplish

24 the proposed operations, and in no case for more than 10

25 years, unless the applicant demonstrates that a specified
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1 longer term is reasonably needed to obtain financing for

2 equipment and the opening of the operation.

3 (2) Failure by the operator to commence mineral ac4 tivities within one year of the date scheduled in an ap5 proved plan of operations shall be deemed to require a

6 modification of the plan.

7 (3) A plan of operations shall carry with it the right

8 of successive renewal upon expiration only with respect to

9 operations on areas within the boundaries of the existing

10 plan of operations, as approved. An application for re11 newal of such plan of operations shall be approved unless

12 the Secretary determines, in writing, any of the following:

13 (A) The terms and conditions of the existing

14 plan of operations are not being met.

15 (B) Mineral activities and reclamation activities

16 as approved under the plan of operations are not in

17 compliance with the surface management require18 ments of this Act.

19 (C) The operator has not demonstrated that the

20 financial guarantee would continue to apply in full

21 force and effect for the renewal term.

22 (D) Any additional revised or updated informa23 tion required by the Secretary has not been pro24 vided.
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1 (E) The applicant has not demonstrated that

2 the plan of operations will be in compliance with the

3 requirements of all other applicable Federal require4 ments, and any State requirements agreed to by the

5 Secretary pursuant to subsection 203(c).

6 (4) A renewal of a plan of operations shall be for a

7 term not to exceed the period of the original plan as pro8 vided in paragraph (1). Application for plan renewal shall

9 be made at least 120 days prior to the expiration of an

10 approved plan.

11 (5) Any person that is, or may be, adversely affected

12 by the proposed mineral activities may request a public

13 hearing to be held in the county in which the mineral ac14 tivities are proposed. If a hearing is requested, the Sec15 retary shall conduct a hearing. When a hearing is held,

16 notice of such hearing shall be published in a newspaper

17 of local circulation for 2 weeks prior to the hearing date.

18 (i) PLAN MODIFICATION.—(1) Except as provided

19 under section 405, during the term of a plan of operations

20 the operator may submit an application to modify the

21 plan. To approve a proposed modification to a plan of op22 erations the Secretary shall make the determinations set

23 forth under subsection (g)(1). The Secretary shall estab24 lish guidelines regarding the extent to which requirements

25 for plans of operations under this section shall apply to
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1 applications to modify a plan of operations based on

2 whether such modifications are deemed significant or

3 minor; except that: (A) any significant modifications shall

4 at a minimum be subject to subsection (f), and (B) any

5 modification proposing to extend the area covered by the

6 plan of operations (except for incidental boundary revi7 sions) must be made by application for a new plan of oper8 ations.

9 (2) The Secretary may, upon a review of a plan of

10 operations or a renewal application, require reasonable

11 modification to such plan upon a determination that the

12 requirements of this Act cannot be met if the plan is fol13 lowed as approved. Such determination shall be based on

14 a written finding and subject to notice and hearing re15 quirements established by the Secretary.

16 (j) TEMPORARY CESSATION OF OPERATIONS.—(1)

17 Before temporarily ceasing mineral activities or reclama18 tion for a period of 180 days or more under an approved

19 plan of operations or portions thereof, an operator shall

20 first submit a complete application for temporary ces21 sation of operations to the Secretary for approval.

22 (2) The application for approval of temporary ces23 sation of operations shall include such terms and condi24 tions as prescribed by the Secretary, including but not lim25 ited to the steps that shall be taken during the cessation
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1 of operations period to minimize impacts on the environ2 ment. After receipt of a complete application for tem3 porary cessation of operations the Secretary shall conduct

4 an inspection of the area for which temporary cessation

5 of operations has been requested.

6 (3) To approve an application for temporary ces7 sation of operations, the Secretary shall make each of the

8 following determinations:

9 (A) The methods for securing surface facilities

10 and restricting access to the permit area, or relevant

11 portions thereof, shall effectively ensure against haz12 ards to the health and safety of the public and fish

13 and wildlife.

14 (B) Reclamation is contemporaneous with min15 eral activities as required under the approved rec16 lamation plan, except in those areas specifically des17 ignated in the application for temporary cessation of

18 operations for which a delay in meeting such stand19 ards is necessary to facilitate the resumption of op20 erations.

21 (C) The amount of financial assurance filed

22 with the plan of operations is sufficient to assure

23 completion of the reclamation plan in the event of

24 forfeiture.
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1 (D) Any outstanding notices of violation and

2 cessation orders incurred in connection with the plan

3 of operations for which temporary cessation is being

4 requested are either stayed pursuant to an adminis5 trative or judicial appeal proceeding or are in the

6 process of being abated to the satisfaction of the

7 Secretary.

8 (k) REVIEW.—Any decision made by the Secretary

9 under subsections (g), (h), (i), (j) or (l) shall be subject

10 to review under section 202(f).

11 (l) BONDS.—(1) Before any plan of operations is ap12 proved pursuant to this Act, or any mineral activities are

13 conducted pursuant to subsection (b)(2), the operator

14 shall file with the Secretary financial assurance payable

15 to the United States and conditional upon faithful per16 formance of all requirements of this Act. The financial as17 surance shall be provided in the form of a surety bond,

18 trust fund, cash or equivalent. The amount of the financial

19 assurance shall be sufficient to assure the completion of

20 reclamation satisfying the requirements of this Act if the

21 work had to be performed by the Secretary in the event

22 of forfeiture, and the calculation shall take into account

23 the maximum level of financial exposure which shall arise

24 during the mineral activity including, but not limited to,

25 provision for accident contingencies.
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1 (2) The financial assurance shall be held for the du2 ration of the mineral activities and for an additional period

3 to cover the operator’s responsibility for revegetation

4 under subsection (n)(6)(B).

5 (3) The amount of the financial assurance and the

6 terms of the acceptance of the assurance shall be adjusted

7 by the Secretary from time to time as the area requiring

8 coverage is increased or decreased, or where the costs of

9 reclamation or treatment change, but the financial assur10 ance must otherwise be in compliance with this section.

11 The Secretary shall specify periodic times, or set a sched12 ule, for reevaluating or adjusting the amount of financial

13 assurance.

14 (4) Upon request, and after notice and opportunity

15 for public comment, the Secretary may release in whole

16 or in part the financial assurance if the Secretary deter17 mines each of the following:

18 (A) Reclamation covered by the financial assur19 ance has been accomplished as required by this Act.

20 (B) The operator has declared that the terms

21 and conditions of any other applicable Federal re22 quirements, and State requirements pursuant to

23 subsection 203(b), have been fulfilled.

24 (5) The release referred to in paragraph (4) shall be

25 according to the following schedule:
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1 (A) After the operator has completed the back2 filling, regrading and drainage control of an area

3 subject to mineral activities and covered by the fi4 nancial assurance, and has commenced revegetation

5 on the regraded areas subject to mineral activities in

6 accordance with the approved plan of operations, 50

7 percent of the total financial assurance secured for

8 the area subject to mineral activities may be re9 leased.

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

12 and all requirements of the plan of operations and

13 the reclamation plan and all the requirements of this

14 Act have in fact been fully met, the remaining por15 tion of the financial assurance may be released.

16 (6) During the period following release of the finan17 cial assurance as specified in paragraph (5)(A), until the

18 remaining portion of the financial assurance is released

19 as provided in paragraph (5)(B), the operator shall be re20 quired to meet all applicable standards of this Act and

21 the plan of operations and the reclamation plan.

22 (7) Where any discharge from the area subject to

23 mineral activities requires treatment in order to meet the

24 applicable effluent limitations, the treatment shall be mon25 itored during the conduct of mineral activities and rec-
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1 lamation and shall be fully covered by financial assurance

2 and no financial assurance or portion thereof for the plan

3 of operations shall be released until the operator has met

4 all applicable effluent limitations and water quality stand5 ards for one full year without treatment.

6 (8) Jurisdiction under this Act shall terminate upon

7 release of the final bond. If the Secretary determines, after

8 final bond release, that an environmental hazard resulting

9 from the mineral activities exists, or the terms and condi10 tions of the plan of operations or the surface management

11 requirements of this Act were not fulfilled in fact at the

12 time of release, the Secretary shall reassert jurisdiction

13 and all applicable surface management and enforcement

14 provisions shall apply for correction of the condition.

15 (m) RECLAMATION.—(1) Except as provided under

16 paragraphs (5) and (7) of subsection (n), lands subject

17 to mineral activities shall be restored to a condition capa18 ble of supporting the uses to which such lands were capa19 ble of supporting prior to surface disturbance, or other

20 beneficial uses, provided such other uses are not inconsist21 ent with applicable land use plans.

22 (2) All required reclamation shall proceed as contem23 poraneously as practicable with the conduct of mineral ac24 tivities and shall use the best technology currently avail25 able.
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1 (n) RECLAMATION STANDARDS.—The Secretary shall

2 establish reclamation standards which shall include, but

3 not necessarily be limited to, provisions to require each

4 of the following:

5 (1) SOILS.—(A) Topsoil removed from lands

6 subject to mineral activities shall be segregated from

7 other spoil material and protected for later use in

8 reclamation. If such topsoil is not replaced on a

9 backfill area within a time-frame short enough to

10 avoid deterioration of the topsoil, vegetative cover or

11 other means shall be used so that the topsoil is pre12 served from wind and water erosion, remains free of

13 any contamination by acid or other toxic material,

14 and is in a useable condition for sustaining vegeta15 tion when restored during reclamation.

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

17 to mineral activities is of insufficient quantity or of

18 inferior quality for sustaining vegetation, and other

19 suitable growth media removed from the lands sub20 ject to the mineral activities are available that shall

21 support vegetation, the best available growth me22 dium shall be removed, segregated and preserved in

23 a like manner as under subparagraph (A) for sus24 taining vegetation when restored during reclamation.
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1 (C) Mineral activities shall be conducted to pre2 vent any contamination or toxification of soils. If

3 any contamination or toxification occurs in violation

4 of this subparagraph, the operator shall neutralize

5 the toxic material, decontaminate the soil, and dis6 pose of any toxic or acid materials in a manner

7 which complies with this section and any other

8 applical Federal or State law.

9 (2) STABILIZATION.—All surface areas subject

10 to mineral activities, including spoil material piles,

11 waste material piles, ore piles, subgrade ore piles,

12 and open or partially backfilled mine pits which

13 meet the requirements of paragraph (5) shall be sta14 bilized and protected during mineral activities and

15 reclamation so as to effectively control erosion and

16 minimize attendant air and water pollution.

17 (3) EROSION.—Facilities such as but not lim18 ited to basins, ditches, streambank stabilization, di19 versions or other measures, shall be designed, con20 structed and maintained where necessary to control

21 erosion and drainage of the area subject to mineral

22 activities, including spoil material piles and waste

23 material piles prior to the use of such material to

24 comply with the requirements of paragraph (5) and
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1 for the purposes of paragraph (7), and including ore

2 piles and subgrade ore piles.

3 (4) HYDROLOGIC BALANCE.—(A) Mineral ac4 tivities shall be conducted to minimize disturbances

5 to the prevailing hydrologic balance of the area sub6 ject to mineral activities and adjacent areas and to

7 the quality and quantity of water in surface and

8 ground water systems, including streamflow, in the

9 area subject to mineral activities and adjacent areas,

10 and in all cases the operator shall comply with appli11 cable Federal or State effluent limitations and water

12 quality standards.

13 (B) Mineral activities shall prevent the genera14 tion of acid or toxic drainage during the mineral ac15 tivities and reclamation, to the extent possible using

16 the best available demonstrated control technology;

17 and the operator shall prevent any contamination of

18 surface and ground water with acid or other toxic

19 mine drainage and shall prevent or remove water

20 from contact with acid or toxic producing deposits.

21 (C) Reclamation shall, to the extent possible,

22 also include restoration of the recharge capacity of

23 the area subject to mineral activities to approximate

24 premining condition.
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1 (D) Where surface or underground water

2 sources used for domestic or agricultural use have

3 been diminished, contaminated or interrupted as a

4 proximate result of mineral activities, such water re5 source shall be restored or replaced.

6 (5) GRADING.—(A) Except as provided under

7 this paragraph (7), the surface area disturbed by

8 mineral activities shall be backfilled, graded and

9 contoured to its natural topography.

10 (B) The requirement of subparagraph (A) shall

11 not apply with respect to an open mine pit if the

12 Secretary finds that such open pit or partially

13 backfilled pit would not pose a threat to the public

14 health or safety or have an adverse effect on the en15 vironment in terms of surface or groundwater pollu16 tion.

17 (C) In instances where complete backfilling of

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

19 to blend with the surrounding topography as much

20 as practicable and revegetated in accordance with

21 paragraph (6).

22 (6) REVEGETATION.—(A) Except in such in23 stances where the complete backfill of an open mine

24 pit is not required under paragraph (5), the area

25 subject to mineral activities, including any excess
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1 spoil material pile and excess waste pile, shall be

2 revegetated in order to establish a diverse, effective

3 and permanent vegetative cover of the same seasonal

4 variety native to the area subject to mineral activi5 ties, capable of self-regeneration and plant succes6 sion and at least equal in extent of cover to the nat7 ural revegetation of the surrounding area.

8 (B) In order to insure compliance with subpara9 graph (A), the period for determining successful

10 revegetation shall be for a period of 5 full years

11 after the last year of augmented seeding, fertilizing,

12 irrigation or other work, except that such period

13 shall be 10 full years where the annual average pre14 cipitation is 26 inches or less.

15 (7) EXCESS SPOIL AND WASTE.—(A) Spoil ma16 terial and waste material in excess of that required

17 to comply with paragraph (5) shall be transported

18 and placed in approved areas, in a controlled man19 ner in such a way so as to assure long-term mass

20 stability and to prevent mass movement. In addition

21 to the measures described under paragraph (3), in22 ternal drainage systems shall be employed, as may

23 be required, to control erosion and drainage. The de24 sign of such excess spoil material piles and excess
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1 waste material piles shall be certified by a qualified

2 professional engineer.

3 (B) Excess spoil material piles and excess waste

4 material piles shall be graded and contoured to

5 blend with the surrounding topography as much as

6 practicable and revegetated in accordance with para7 graph (6).

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

9 the surface associated with underground mineral ac10 tivities, shall be sealed when no longer needed for

11 the conduct of mineral activities to ensure protection

12 of the public, fish and wildlife and the environment.

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

14 equipment constructed, used or improved during

15 mineral activities shall be removed, unless the Sec16 retary determines that the buildings, structures or

17 equipment shall be of beneficial use in accomplishing

18 the post-mining uses or for environmental monitor19 ing.

20 (10) FISH AND WILDLIFE.—All fish and wildlife

21 habitat in areas subject to mineral activities shall be

22 restored in a manner commensurate with or superior

23 to habitat conditions which existed prior to the min24 eral activities, including such conditions as may be
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1 prescribed by the Director, Fish and Wildlife

2 Service.

3 (o) ADDITIONAL STANDARDS.—The Secretary may,

4 by regulation, establish additional standards to address

5 the specific environmental impacts of selected methods of

6 mineral activities, such as, but not limited to, cyanide

7 leach mining.

8 (p) DEFINITIONS.—As used in subsections (m) and

9 (n):

10 (1) The term ‘‘best technology currently avail11 able’’ means equipment, devices, systems, methods,

12 or techniques which are currently available anywhere

13 even if not in routine use in mineral activities. The

14 term includes, but is not limited to, construction

15 practices, siting requirements, vegetative selection

16 and planting requirements, scheduling of activities

17 and design of sedimentation ponds. Within the con18 straints of the surface management requirements of

19 this Act, the Secretary shall have the discretion to

20 determine the best technology currently available on

21 a case-by-case basis.

22 (2) The term ‘‘best available demonstrated con23 trol technology’’ means equipment, devices, systems,

24 methods, or techniques which have demonstrated en25 gineering and economic feasibility and practicality in
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1 preventing disturbances to hydrologic balance during

2 mineral activities and reclamation. Such techniques

3 will have shown to be effective and practical methods

4 of acid and other mine water pollution elimination or

5 control, and other pollution affecting water quality.

6 The ‘‘best available demonstrated control tech7 nology’’ will not generally be in routine use in min8 eral activities. Within the constraints of the surface

9 management requirements of this Act, the Secretary

10 shall have the discretion to determine the best avail11 able demonstrated control technology on a case-by12 case basis.

13 (3) The term ‘‘spoil material’’ means the over14 burden, or non-mineralized material of any nature,

15 consolidated or unconsolidated, that overlies a de16 posit of any locatable mineral that is removed in

17 gaining access to, and extracting, any locatable min18 eral, or any such material disturbed during the con19 duct of mineral activities.

20 (4) The term ‘‘waste material’’ means the mate21 rial resulting from mineral activities involving

22 beneficiation, including but not limited to tailings,

23 and such material resulting from mineral activities

24 involving processing, to the extent such material is

25 not subject to subtitle C of the Resource Conserva-
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1 tion and Recovery Act of 1976 or the Uranium Mill

2 Tailings Radiation Control Act.

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

4 for beneficiation prior to the completion of mineral

5 activities and reclamation.

6 (6) The term ‘‘subgrade ore’’ means ore that is

7 too low in grade to be of economic value at the time

8 of extraction but which could reasonably be economi9 cal in the foreseeable future.

10 (7) The term ‘‘excess spoil’’ means that spoil

11 material that may be excess of the amount necessary

12 to comply with the requirements of subsection

13 (m)(3).

14 (8) The term ‘‘excess waste’’ means that waste

15 material that may be excess of the amount necessary

16 to comply with the requirements of subsection

17 (m)(3).

18 SEC. 202. INSPECTION AND ENFORCEMENT.

19 (a) INSPECTIONS AND MONITORING.—(1) The Sec20 retary shall make such inspections of mineral activities so

21 as to ensure compliance with the surface management re22 quirements. The Secretary shall establish a frequency of

23 inspections for mineral activities conducted under an ap24 proved plan of operations, but in no event shall such in25 spection frequency be less than one complete inspection
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1 per calendar quarter or two complete inspections annually

2 for a plan of operations for which the Secretary approves

3 an application under section 201(j).

4 (2)(A) Any person who has reason to believe they are

5 or may be adversely affected by mineral activities due to

6 any violation of the surface management requirements

7 may request an inspection. The Secretary shall determine

8 within 10 days of receipt of the request whether the re9 quest states a reason to believe that a violation exists, ex10 cept in the event the person alleges and provides reason

11 to believe that an imminent danger as provided by sub12 section (b)(2) exists the 10 day period shall be waived and

13 the inspection conducted immediately. When an inspection

14 is conducted under this paragraph, the Secretary shall no15 tify the person filing the complaint and such person shall

16 be allowed to accompany the inspector during the inspec17 tion. The identity of the person supplying information to

18 the Secretary relating to a possible violation or imminent

19 danger or harm shall remain confidential with the Sec20 retary if so requested by that person, unless that person

21 elects to accompany an inspector on the inspection.

22 (B) The Secretary shall, by regulation, establish pro23 cedures for the review of any decision by his authorized

24 representative not to inspect or by a refusal by such rep25 resentative to ensure remedial actions are taken with re-
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1 spect to any alleged violation. The Secretary shall furnish

2 such persons requesting the review a written statement of

3 the reasons for the Secretary’s final disposition of the

4 case.

5 (3)(A) The Secretary shall require all operators to de6 velop and maintain a monitoring and evaluation system

7 which shall be capable of identifying compliance with all

8 surface management requirements.

9 (B) Monitoring shall be conducted as close as tech10 nically feasible to the mineral activity or reclamation in11 volved, and in all cases the monitoring shall be conducted

12 within the area affected by mineral activities and reclama13 tion.

14 (C) The point of compliance shall be as close to the

15 mineral activity involved as is technically feasible, but in

16 any event shall be located to comply with applicable State

17 and Federal standards. In no event shall the point of com18 pliance be outside the area affected by mineral activities

19 and reclamation.

20 (D) The operator shall file reports with the Secretary

21 on a quarterly basis on the results of the monitoring and

22 evaluation process except that if the monitoring and eval23 uation show a violation of the surface management re24 quirements, it shall be reported immediately to the Sec25 retary.
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1 (E) The Secretary shall determine what information

2 must be reported by the operator pursuant to subpara3 graph (B). A failure to report as required by the Secretary

4 shall constitute a violation of this Act and subject the op5 erator to enforcement action pursuant to this section.

6 (F) The Secretary shall evaluate the reports submit7 ted pursuant to this paragraph, and based on those re8 ports and any necessary inspection shall take enforcement

9 action pursuant to this section.

10 (b) ENFORCEMENT.—(1) If the Secretary or author11 ized representative determines, on the basis of an inspec12 tion that an operator, or any person conducting mineral

13 activities under section 201(b)(2), is in violation of any

14 surface management requirement, the Secretary or au15 thorized representative shall issue a notice of violation to

16 the operator or person describing the violation and the cor17 rective measures to be taken. The Secretary or authorized

18 representative shall provide such operator or person with

19 a reasonable period of time to abate the violation. If, upon

20 the expiration of time provided for such abatement, the

21 Secretary or authorized representative finds that the viola22 tion has not been abated he shall immediately order a ces23 sation of all mineral activities or the portion thereof rel24 evant to the violation.
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1 (2) If the Secretary or authorized representative de2 termines, on the basis of an inspection, that any condition

3 or practice exists, or that an operator, or any person con4 ducting mineral activities under section 201(b)(2), is in

5 violation of the surface management requirements, and

6 such condition, practice or violation is causing, or can rea7 sonably be expected to cause—

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

9 of the public; or

10 (B) significant, imminent environmental harm

11 to land, air or water resources;

12 the Secretary or authorized representative shall imme13 diately order a cessation of mineral activities or the por14 tion thereof relevant to the condition, practice or violation.

15 (3)(A) A cessation order by the Secretary or author16 ized representative pursuant to paragraphs (1) or (2) shall

17 remain in effect until the Secretary or authorized rep18 resentative determines that the condition, practice or vio19 lation has been abated, or until modified, vacated or termi20 nated by the Secretary or authorized representative. In

21 any such order, the Secretary or authorized representative

22 shall determine the steps necessary to abate the violation

23 in the most expeditious manner possible, and shall include

24 the necessary measures in the order. The Secretary shall
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1 require appropriate financial assurances to insure that the

2 abatement obligations are met.

3 (B) Any notice or order issued pursuant to para4 graphs (1) or (2) may be modified, vacated or terminated

5 by the Secretary or authorized representative. An opera6 tor, or person conducting mineral activities under section

7 201(b)(2), issued any such notice or order shall be entitled

8 to a hearing on the record pursuant to subsection (f).

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

10 to in paragraph (3)(A) the required abatement has not

11 occurred the Secretary shall take such alternative enforce12 ment action against the responsible parties as will most

13 likely bring about abatement in the most expeditious man14 ner possible. Such alternative enforcement action shall in15 clude, but is not necessarily limited to, seeking appropriate

16 injunctive relief to bring about abatement.

17 (5) In the event an operator, or person conducting

18 mineral activities under section 201(b)(2), is unable to

19 abate a violation or defaults on the terms of the plan of

20 operation the Secretary shall forfeit the financial assur21 ance for the plan of operations if necessary to ensure

22 abatement and reclamation under this Act.

23 (6) The Secretary shall not forfeit the financial assur24 ance while a review is pending pursuant to subsections (f)

25 and (g).
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1 (c) COMPLIANCE.—(1) The Secretary may request

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

3 including a permanent or temporary injunction or re4 straining order, in the district court of the United States

5 for the district in which the mineral activities are located

6 whenever an operator, or person conducting mineral activi7 ties under section 201(b)(2):

8 (A) violates, fails or refuses to comply with any

9 order issued by the Secretary under subsection (b);

10 or

11 (B) interferes with, hinders or delays the Sec12 retary in carrying out an inspection under sub13 section (a).

14 Such court shall have jurisdiction to provide such relief

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

16 to enforce an order under clause (A) shall continue in ef17 fect until the completion or final termination of all pro18 ceedings for review of such order under subsections (f) and

19 (g), unless the district court granting such relief sets it

20 aside or modifies it.

21 (2) Notwithstanding any other provision of law, the

22 Secretary shall utilize enforcement personnel from the Of23 fice of Surface Mining Reclamation and Enforcement to

24 augment personnel of the Bureau of Land Management

25 and the Forest Service to ensure compliance with the sur-
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1 face management requirements, and inspection require2 ments of subsection (a). The Bureau of Land Management

3 and the Forest Service shall each enter into a memoran4 dum of understanding with the Office of Surface Mining

5 Reclamation and Enforcement for this purpose.

6 (d) PENALTIES.—(1) Any operator, or person con7 ducting mineral activities under section 201(b)(2), who

8 fails to comply with the surface management requirements

9 shall be liable for a penalty of not more than $5,000 per

10 violation. Each day of continuing violation may be deemed

11 a separate violation for purposes of penalty assessments.

12 No civil penalty under this subsection shall be assessed

13 until the operator charged with the violation has been

14 given the opportunity for a hearing under subsection (f).

15 (2) An operator, or person conducting mineral activi16 ties under section 201(b)(2), who fails to correct a viola17 tion for which a cessation order has been issued under

18 subsection (b) within the period permitted for its correc19 tion shall be assessed a civil penalty of not less than

20 $1,000 per violation for each day during which such fail21 ure continues, but in no event shall such assessment ex22 ceed a 30-day period.

23 (3) Whenever a corporation is in violation of the sur24 face management requirements or fails or refuses to com25 ply with an order issued under subsection (b), any direc-
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1 tor, officer or agent of such corporation who knowingly

2 authorized, ordered, or carried out such violation, failure

3 or refusal shall be subject to the same penalties that may

4 be imposed upon an operator under paragraph (1).

5 (e) CITIZEN SUITS.—(1) Except as provided under

6 paragraph (2), any person having an interest which is or

7 may be adversely affected may commence a civil action

8 on his or her own behalf to compel compliance—

9 (A) against the Secretary where there is alleged

10 a violation of any of the provisions of this Act or any

11 regulation promulgated pursuant to this Act or

12 terms and conditions of any plan of operations ap13 proved pursuant to this Act;

14 (B) against any other person alleged to be in

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

16 regulation promulgated pursuant to this Act or

17 terms and conditions of any plan of operations ap18 proved pursuant to this Act;

19 (C) against the Secretary where there is alleged

20 a failure of the Secretary to perform any act or duty

21 under this Act or any regulation promulgated pursu22 ant to this Act which is not within the discretion of

23 the Secretary; or

24 (D) against the Secretary where it is alleged

25 that the Secretary acts arbitrarily or capriciously or
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1 in a manner inconsistent with this Act or any regu2 lation promulgated pursuant to this Act. The United

3 States district courts shall have jurisdiction, without

4 regard to the amount in controversy or the citizen5 ship of the parties.

6 (2) No action may be commenced except as follows:

7 (A) Under paragraph (1)(A) prior to 60 days

8 after the plaintiff has given notice in writing of such

9 alleged violation to the Secretary, or to the person

10 alleged to be in violation; except no action may be

11 commenced against any person alleged to be in viola12 tion if the Secretary has commenced and is dili13 gently prosecuting a civil action in a court of the

14 United States to require compliance with the provi15 sions of this title (but in any such action in a court

16 of the United States the person making the allega17 tion may intervene as a matter of right).

18 (B) Under paragraph (1)(B) prior to 60 days

19 after the plaintiff has given notice in writing of such

20 action to the Secretary, in such manner as the Sec21 retary shall by regulation prescribe, except that such

22 action may be brought immediately after such notifi23 cation in the case where the violation or order com24 plained of constitutes an imminent threat to the en25 vironment or to the health or safety of the public or
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1 would immediately affect a legal interest of the

2 plaintiff.

3 (3) Venue of all actions brought under this subsection

4 shall be determined in accordance with title 28 U.S.C.

5 1391(a).

6 (4) The court, in issuing any final order in any action

7 brought pursuant to paragraph (1) may award costs of

8 litigation (including attorney and expert witness fees) to

9 any party whenever the court determines such award is

10 appropriate. The court may, if a temporary restraining

11 order or preliminary injunction is sought, require the filing

12 of a bond or equivalent security in accordance with the

13 Federal Rules of Civil Procedure.

14 (5) Nothing in this subsection shall restrict any right

15 which any person (or class of persons) may have under

16 any statute or common law to seek enforcement of any

17 of the provisions of this Act and the regulations there18 under, or to seek any other relief, including relief against

19 the Secretary.

20 (f) REVIEW BY SECRETARY.—(1)(A) Any operator,

21 or person conducting mineral activities under section

22 201(b)(2), issued a notice of violation or cessation order

23 under subsection (b), or any person having an interest

24 which is or may be adversely affected by such decisions,

25 notice or order, may apply to the Secretary for review of
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1 the notice or order within 30 days of receipt thereof, or

2 as the case may be, within 30 days of such notice or order

3 being modified, vacated or terminated.

4 (B) Any operator, or person conducting mineral ac5 tivities under section 201(b)(2), who is subject to a pen6 alty under subsection (d) or section 105 may apply to the

7 Secretary for review of the assessment within 30 days of

8 notification of such penalty.

9 (C) Any person having an interest which is or may

10 be adversely affected by a decision made by the Secretary

11 under subsections (g), (h), (i), (j) and (l) of section 201,

12 or subsection 202(a)(2), or subsection 204(g), may apply

13 to the Secretary for review of the decision within 30 days

14 after it is made.

15 (2) The Secretary shall provide an opportunity for

16 a public hearing at the request of any party. Any hearing

17 conducted pursuant to this subsection shall be on record

18 and shall be subject to section 554 of title 5 of the United

19 States Code. The filing of an application for review under

20 this subsection shall not operate as a stay of any order

21 or notice issued under subsection (b).

22 (3) Following the hearing referred to in paragraph

23 (2), if requested, but in any event the Secretary shall make

24 findings of fact and shall issue a written decision incor25 porating therein an order vacating, affirming, modifying
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1 or terminating the notice, order or decision, or with re2 spect to an assessment, the amount of penalty that is war3 ranted. Where the application for review concerns a ces4 sation order issued under subsection (b), the Secretary

5 shall issue the written decision within 30 days of the re6 ceipt of the application for review, unless temporary relief

7 has been granted by the Secretary under paragraph (4).

8 (4) Pending completion of any proceedings under this

9 subsection, the applicant may file with the Secretary a

10 written request that the Secretary grant temporary relief

11 from any order issued under subsection (b) together with

12 a detailed statement giving reasons for such relief. The

13 Secretary shall expeditiously issue an order or decision

14 granting or denying such relief. The Secretary may grant

15 such relief under such conditions as he may prescribe only

16 if such relief shall not adversely affect the health or safety

17 of the public or cause significant, imminent environmental

18 harm to land, air or water resources.

19 (5) The availability of review under this subsection

20 shall not be construed to limit the operation of rights es21 tablished under subsection (e).

22 (g) JUDICIAL REVIEW.—(1) Any action by the Sec23 retary in promulgating regulations to implement this Act,

24 or any other actions constituting rulemaking by the Sec25 retary to implement this Act, shall be subject to judicial
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1 review in the United States District Court for the District

2 of Columbia. Any action subject to judicial review under

3 this subsection shall be affirmed unless the court con4 cludes that such action is arbitrary, capricious, or other5 wise inconsistent with law. A petition for review of any

6 action subject to judicial review under this subsection shall

7 be filed in the United States District Court for the District

8 of Columbia within 60 days from the date of such action,

9 or after such date if the petition is based solely on grounds

10 arising after the sixtieth day. Any such petition may be

11 made by any person who commented or otherwise partici12 pated in the rulemaking or who may be adversely affected

13 by the action of the Secretary.

14 (2) Final agency action under this Act, including

15 such final action on those matters described under sub16 section (f), shall be subject to judicial review in accordance

17 with paragraph (4) and pursuant to 28 U.S.C. 1391(a)

18 of the United States Code on or before 60 days from the

19 date of such final action.

20 (3) The availability of judicial review established in

21 this subsection shall not be construed to limit the oper22 ations of rights established under subsection (e).

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

24 filed under this subsection solely on the record made be25 fore the Secretary. The court may affirm, vacate, or mod-
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1 ify any order or decision or may remand the proceedings

2 to the Secretary for such further action as it may direct.

3 (5) The commencement of a proceeding under this

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

5 operate as a stay of the action, order or decision of the

6 Secretary.

7 (h) PROCEEDINGS.—Whenever a proceeding occurs

8 under subsection (a), (f), or (g), or under section 201, or

9 under section 204(g), at the request of any person, a sum

10 equal to the aggregate amount of all costs and expenses

11 (including attorney fees) as determined by the Secretary

12 or the court to have been reasonably incurred by such per13 son for or in connection with participation in such pro14 ceedings, including any judicial review of the proceeding,

15 may be assessed against either party as the court, result16 ing from judicial review or the Secretary, resulting from

17 administrative proceedings, deems proper.

18 SEC. 203. STATE LAW AND REGULATION.

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

20 requirement in State law or regulation that meets or ex21 ceeds the requirements of subsections (m) and (n) of sec22 tion 201 shall not be construed to be inconsistent with

23 any such standard.

24 (2) Any bonding standard or requirement in State

25 law or regulation that meets or exceeds the requirements
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1 of section 201(l) shall not be construed to be inconsistent

2 with such requirements.

3 (3) Any inspection standard or requirement in State

4 law or regulation that meets or exceeds the requirements

5 of section 202 shall not be construed to be inconsistent

6 with such requirements.

7 (b) APPLICABILITY OF OTHER STATE REQUIRE8 MENTS.—(1) Nothing in this Act shall be construed as af9 fecting any air or water quality standard or requirement

10 of any State law or regulation which may be applicable

11 to mineral activities on lands subject to this Act.

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

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

14 under applicable law, such person’s interest in water re15 sources affected by mineral activities on lands subject to

16 this Act.

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

18 may enter into a cooperative agreement with the Secretary

19 for the purposes of the Secretary applying such standards

20 and requirements referred to in subsection (a) and sub21 section (b) to mineral activities or reclamation on lands

22 subject to this Act.

23 (2) In such instances where the proposed mineral ac24 tivities would affect lands not subject to this Act in addi25 tion to lands subject to this Act, in order to approve a
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1 plan of operations the Secretary shall enter into a coopera2 tive agreement with the State that sets forth a common

3 regulatory framework consistent with the surface manage4 ment requirements of this Act for the purposes of such

5 plan of operations.

6 (3) The Secretary shall not enter into a cooperative

7 agreement with any State under this section until after

8 notice in the Federal Register and opportunity for public

9 comment.

10 (d) PRIOR AGREEMENTS.—Any cooperative agree11 ment or such other understanding between the Secretary

12 and any State, or political subdivision thereof, relating to

13 the surface management of mineral activities on lands

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

15 enactment of this Act may only continue in force until the

16 effective date of this Act, after which time the terms and

17 conditions of any such agreement or understanding shall

18 only be applicable to plans of operations approved by the

19 Secretary prior to the effective date of this Act except as

20 provided under section 405.

21 (e) DELEGATION.—The Secretary shall not delegate

22 to any State, or political subdivision thereof, the Sec23 retary’s authorities, duties and obligations under this Act,

24 including with respect to any cooperative agreements en25 tered into under this section.
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1 SEC. 204. UNSUITABILITY REVIEW.

2 (a) IN GENERAL.—The Secretary of the Interior in

3 preparing land use plans under the Federal Land Policy

4 and Management Act of 1976, and the Secretary of Agri5 culture in preparing land use plans under the Forest and

6 Rangeland Renewable Resources Planning Act of 1974, as

7 amended by the National Forest Management Act of

8 1976, shall each conduct a review of lands that are subject

9 to this Act in order to determine whether there are any

10 areas which are unsuitable for all or certain types of min11 eral activities pursuant to the standards set forth under

12 subsection (e). In the event such a determination is made,

13 the review shall be included in the applicable land use

14 plan.

15 (b) SPECIFIC AREAS.—Not later than 90 days after

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

17 Interior and the Secretary of Agriculture, on the basis of

18 any information available, shall each publish a notice in

19 the Federal Register identifying and listing the lands sub20 ject to this Act which are or may be determined to be

21 unsuitable for all or certain types of mineral activities ac22 cording to the standards set forth in subsection (e). After

23 opportunity for public comment and proposals for modi24 fications to such listing, but not later than the effective

25 date of this Act, each Secretary shall begin to review the

26 lands identified pursuant to this subsection to determine
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1 whether such lands are unsuitable for all or certain types

2 of mineral activities according to the standards set forth

3 in subsection (e).

4 (c) LAND USE PLANS.—(1) At such time as the Sec5 retary revises or amends a land use plan pursuant to pro6 visions of law other than this Act, the Secretary shall iden7 tify lands determined to be unsuitable for all or certain

8 types of mineral activities according to the standards set

9 forth in subsection (e). The Secretary shall incorporate

10 such determinations in the applicable land use plans.

11 (2) If lands covered by a proposed plan of operations

12 have not been reviewed pursuant to this section at the time

13 of submission of a plan of operations, the Secretary shall,

14 prior to the consideration of the proposed plan of oper15 ations, review the areas that would be affected by the pro16 posed mineral activities to determine whether the area is

17 unsuitable for all or certain types of mineral activities ac18 cording to the standards set forth in subsection (e). The

19 Secretary shall use such review in the next revision or

20 amendment to the applicable land use plan to the extent

21 necessary to reflect the unsuitability of such lands for all

22 or certain types of mineral activities according to the

23 standards set forth in subsection (e).

24 (3) This section does not require land use plans to

25 be amended until such plans are adopted, revised, or
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1 amended pursuant to provisions of law other than this

2 Act.

3 (d) EFFECT OF DETERMINATION.—(1) If the Sec4 retary determines an area to be unsuitable under this sec5 tion for all or certain types of mineral activities, he shall

6 do one of the following:

7 (A) In any instance where a determination is

8 made that an area is unsuitable for all types of min9 eral activities, the Secretary of the Interior, with the

10 consent of the Secretary of Agriculture for lands

11 under the jurisdiction of the Secretary of Agri12 culture, shall withdraw such area pursuant to sec13 tion 204 of the Federal Land Policy and Manage14 ment Act of 1976 (43 U.S.C. 1714).

15 (B) In any instance where a determination is

16 made that an area is unsuitable for certain types of

17 mineral activities, the Secretary shall take appro18 priate steps to limit or prohibit such types of

19 mineral activities.

20 (2) Nothing in this section may be construed as af21 fecting lands where mineral activities under approved

22 plans of operations or under notice (as provided for in the

23 regulations of the Secretary of the Interior in effect prior

24 to the effective date of this Act relating to operations that

25 cause a cumulative disturbance of 5 acres or less) were
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1 being conducted on the effective date of this Act, except

2 as provided under subsection (g).

3 (3) Nothing in this section may be construed as pro4 hibiting mineral activities not subject to paragraph (2)

5 where substantial legal and financial commitments in such

6 mineral activities were in existence on the effective date

7 of this Act, but nothing in this section may be construed

8 as limiting any existing authority of the Secretary to regu9 late such activities.

10 (4) An unsuitability determination under this section

11 shall not prevent the types of mineral activities referred

12 to in section 201(b)(2)(A), but nothing in this section shall

13 be construed as authorizing such activities in areas with14 drawn pursuant to section 204 of the Federal Land Policy

15 and Management Act of 1976 (43 U.S.C. 1714).

16 (e) REVIEW STANDARDS.—(1) An area containing

17 lands that are subject to this Act shall be determined to

18 be unsuitable for all or certain types of mineral activities

19 if the Secretary determines, after notice and opportunity

20 for public comment, that reclamation pursuant to the

21 standards set forth in subsections (m) and (n) of section

22 201 would not be technologically and economically feasible

23 for any such mineral activities in such area and where—

24 (A) such mineral activities would substantially

25 impair water quality or supplies within the area sub-
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1 ject to the mining plan or adjacent lands, such as

2 impacts on aquifers and aquifer recharge areas;

3 (B) such mineral activities would occur on

4 areas of unstable geology that could if undertaken

5 substantially endanger life and property;

6 (C) such mineral activities would adversely af7 fect publicly-owned places which are listed on or are

8 eligible for listing on the National Register of His9 toric Places, unless the Secretary and the State ap10 prove all or certain mineral activities, in which case

11 the area shall not be determined to be unsuitable for

12 such approved mineral activities;

13 (D) such mineral activities would cause loss of

14 or damage to riparian areas;

15 (E) such mineral activities would impair the

16 productivity of the land subject to such mineral ac17 tivities;

18 (F) such mineral activities would adversely af19 fect candidate species for threatened and endangered

20 species status; or

21 (G) such mineral activities would adversely af22 fect lands designated as National Wildlife Refuges.

23 (2) An area may be determined to be unsuitable for

24 all or certain mineral activities if the Secretary, after no25 tice and opportunity for public comment, determines that
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1 reclamation pursuant to the standards set forth in sub2 sections (m) and (n) of section 201 would not be techno3 logically and economically feasible for any such mineral

4 activities in such area and where—

5 (A) such mineral activities could result in sig6 nificant damage to important historic, cultural, sci7 entific and aesthetic values or to natural systems;

8 (B) such mineral activities could adversely af9 fect lands of outstanding aesthetic qualities and sce10 nic Federal lands designated as Class I under sec11 tion 162 of the Clean Air Act (42 U.S.C. 7401 and

12 following);

13 (C) such mineral activities could adversely af14 fect lands which are high priority habitat for migra15 tory bird species or other important fish and wildlife

16 species as determined by the Secretary in consulta17 tion with the Director of the Fish and Wildlife Serv18 ice and the appropriate agency head for the State in

19 which the lands are located;

20 (D) such mineral activities could adversely af21 fect lands which include wetlands if mineral activi22 ties would result in loss of wetland values;

23 (E) such mineral activities could adversely af24 fect National Conservation System units; or
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1 (F) such mineral activities could adversely af2 fect lands containing other resource values as the

3 Secretary may consider.

4 (f) WITHDRAWAL REVIEW.—In conjunction with con5 ducting an unsuitability review under this section, the Sec6 retary shall review all administrative withdrawals of land

7 from the location of mining claims to determine whether

8 the revocation or modification of such withdrawal for the

9 purpose of allowing such lands to be opened to the location

10 of mining claims under this Act would be appropriate as

11 a result of any of the following:

12 (1) The imposition of any conditions referred to

13 in subsection (d)(1)(B).

14 (2) The surface management requirements of

15 section 201.

16 (3) The limitation of section 107.

17 (g) CITIZEN PETITION.—(1) In any instance where

18 a land use plan has not been amended or completed to

19 reflect the review referred to in subsection (a), any person

20 having an interest that may be adversely affected by po21 tential mineral activities on lands subject to this Act cov22 ered by such plan shall have the right to petition the Sec23 retary to determine such lands to be unsuitable for all or

24 certain types of mineral activities. Such petition shall con25 tain allegations of fact with respect to potential mineral
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1 activities and with respect to the unsuitability of such

2 lands for all or certain mineral activities according to the

3 standards set forth in subsection (e) with supporting evi4 dence that would tend to establish the allegations.

5 (2) Petitions received prior to the date of the submis6 sion of a proposed plan of operations under this Act, shall

7 stay consideration of the proposed plan of operations

8 pending review of the petition.

9 (3) Within 4 months after receipt of a petition to de10 termine lands to be unsuitable for all or certain types of

11 mining in areas where a land use plan has not been

12 amended or completed to reflect the review referred to in

13 subsection (a), the Secretary shall hold a public hearing

14 on the petition in the locality of the area in question. After

15 a petition has been filed and prior to the public hearing,

16 any person may support or oppose the determination

17 sought by the petition by filing written allegations of facts

18 and supporting evidence.

19 (4) Within 60 days after a public hearing held pursu20 ant to paragraph (3), the Secretary shall issue a written

21 decision regarding the petition which shall state the rea22 sons for granting or denying the requested determination.

23 (5) Reviews conducted pursuant to this subsection

24 shall be consistent with paragraphs (3) and (4) of sub25 section (d) and with subsection (e).
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1 SEC. 205. LANDS NOT OPEN TO LOCATION.

2 (a) LANDS.—Subject to valid existing rights, each of

3 the following shall not be open to the location of mining

4 claims under this Act on the date of enactment of this

5 Act:

6 (1) Lands recommended for wilderness designa7 tion by the agency managing the surface, pending a

8 final determination by the Congress of the status of

9 such lands.

10 (2) Lands being managed by the Bureau of

11 Land Management as wilderness study areas on the

12 date of enactment of this Act except where the loca13 tion of mining claims is specifically allowed to con14 tinue by the statute designating the study area,

15 pending a final determination by the Congress of the

16 status of such lands.

17 (3) Lands within Wild and Scenic River System

18 and lands under study for inclusion in such system,

19 pending a final determination by the Congress of the

20 status of such lands.

21 (4) Lands identified by the Bureau of Land

22 Management as Areas of Critical Environmental

23 Concern.

24 (5) Lands identified by the Secretary of Agri25 culture as Research Natural Areas.
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1 (6) Lands designated by the Fish and Wildlife

2 Service as critical habitat for threatened or endan3 gered species.

4 (7) Lands administered by the Fish and Wild5 life Service.

6 (8) Lands which the Secretary shall designate

7 for withdrawal under authority of other law, includ8 ing lands which the Secretary of Agriculture may

9 propose for withdrawal by the Secretary of the Inte10 rior under authority of other law.

11 (b) DEFINITION.—As used in this section, the term

12 ‘‘valid existing rights’’ means that a mining claim located

13 on lands referred to in subsection (a) was properly located

14 and maintained under the general mining laws prior to

15 the date of enactment of this Act, and was supported by

16 a discovery of a valuable mineral deposit within the mean17 ing of the general mining laws on the date of enactment

18 of this Act, and that such claim continues to be valid.
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1 TITLE III—ABANDONED MIN2 ERALS MINE RECLAMATION

3 FUND

4 SEC. 301. ABANDONED MINERALS MINE RECLAMATION

5 FUND.

6 (a) NEW SUBTITLE.—Title IV of the Surface Mining

7 Control and Reclamation Act of 1977 (30 U.S.C. 1231)

8 is amended by inserting:

9 ‘‘Subtitle A—Abandoned Coal Mine Reclamation Fund’’

10 immediately before section 401 and by adding the follow11 ing new subtitle at the end thereof:

12 ‘‘Subtitle B—Abandoned Minerals Mine Reclamation

13 Fund

14 ‘‘SEC. 421. ABANDONED MINERALS MINE RECLAMATION.

15 ‘‘(a) ESTABLISHMENT.—(1) There is established on

16 the books of the Treasury of the United States a trust

17 fund to be known as the Abandoned Minerals Mine Rec18 lamation Fund (hereinafter in this subtitle referred to as

19 the ‘Fund’). The Fund shall be administered by the Sec20 retary of the Interior acting through the Director, Office

21 of Surface Mining Reclamation and Enforcement.

22 ‘‘(2) The Secretary of the Interior shall notify the

23 Secretary of the Treasury as to what portion of the Fund

24 is not, in his judgment, required to meet current with25 drawals. The Secretary of the Treasury shall invest such
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1 portion of the Fund in public debt securities with matu2 rities suitable for the needs of such Fund and bearing in3 terest at rates determined by the Secretary of the Treas4 ury, taking into consideration current market yields on

5 outstanding marketplace obligations of the United States

6 of comparable maturities. The income on such investments

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

8 ‘‘(b) AMOUNTS.—The following amounts shall be

9 credited to the Fund for the purposes of this Act:

10 ‘‘(1) All moneys received from the collection of

11 rental fees under section 104 of the Mineral Explo12 ration and Development Act of 1991.

13 ‘‘(2) Amounts collected pursuant to sections

14 105 and 202(d) of the Mineral Exploration and De15 velopment Act of 1991.

16 ‘‘(3) All moneys received from the disposal of

17 mineral materials pursuant to section 3 of the Mate18 rials Act of 1947 (30 U.S.C. 603) to the extent such

19 moneys are not specifically dedicated to other pur20 poses under other authority of law.

21 ‘‘(4) Donations by persons, corporations, asso22 ciations, and foundations for the purposes of this

23 subtitle.

24 ‘‘(5) Amounts referred to in section 410(e)(1).
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1 ‘‘SEC. 422. USE AND OBJECTIVES OF THE FUND.

2 ‘‘(a) IN GENERAL.—The Secretary is authorized to

3 use moneys in the Fund for the reclamation and restora4 tion of land and water resources adversely affected by past

5 mineral (other than coal and fluid minerals) and mineral

6 material mining, including but not limited to, any of the

7 following:

8 ‘‘(1) Reclamation and restoration of abandoned

9 surface mined areas.

10 ‘‘(2) Reclamation and restoration of abandoned

11 milling and processing areas.

12 ‘‘(3) Sealing, filling, and grading abandoned

13 deep mine entries.

14 ‘‘(4) Planting of land adversely affected by past

15 mining to prevent erosion and sedimentation.

16 ‘‘(5) Prevention, abatement, treatment and con17 trol of water pollution created by abandoned mine

18 drainage.

19 ‘‘(6) Control of surface subsidence due to aban20 doned deep mines.

21 ‘‘(7) Such expenses as may be necessary to ac22 complish the purposes of this subtitle.

23 ‘‘(b) PRIORITIES.—Expenditure of moneys from the

24 Fund shall reflect the following priorities in the order stat25 ed:
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1 ‘‘(1) The protection of public health, safety,

2 general welfare and property from extreme danger

3 from the adverse effects of past minerals and min4 eral materials mining practices.

5 ‘‘(2) The protection of public health, safety, and

6 general welfare from the adverse effects of past min7 erals and mineral materials mining practices.

8 ‘‘(3) The restoration of land and water re9 sources previously degraded by the adverse effects of

10 past minerals and mineral materials mining prac11 tices.

12 ‘‘SEC. 423. ELIGIBLE AREAS.

13 ‘‘(a) ELIGIBILITY.—Lands and waters eligible for

14 reclamation expenditures under this Act shall be those

15 within the boundaries of States that have lands subject

16 to the Mineral Exploration and Development Act of 1992

17 and the Materials Act of 1947—

18 ‘‘(1) which were mined or processed for min19 erals and mineral materials or which were affected

20 by such mining or processing, and abandoned or left

21 in an inadequate reclamation status prior to the date

22 of enactment of this subtitle; and

23 ‘‘(2) for which the Secretary makes a deter24 mination that there is no continuing reclamation re25 sponsibility under State or Federal laws; and
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1 ‘‘(3) for which it can be established that such

2 lands do not contain minerals which could economi3 cally be extracted through the reprocessing or

4 remining of such lands, unless such consideration

5 are in conflict with the priorities set forth under

6 paragraphs (1) and (2) of section 422(b).

7 In determining the eligibility under this subsection of Fed8 eral lands and waters under the jurisdiction of the Forest

9 Service or Bureau of Land Management in lieu of the date

10 referred to in paragraph (1), the applicable date shall be

11 August 28, 1974, and November 26, 1980, respectively.

12 ‘‘(b) SPECIFIC SITES AND AREAS NOT ELIGIBLE.—

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

14 Control and Reclamation Act of 1977 shall apply to ex15 penditures made from the Fund established under this

16 subtitle in the same manner and to the same extent as

17 such provisions apply to expenditures made under

18 subtitle A.

19 ‘‘SEC. 424. FUND ALLOCATION AND EXPENDITURES.

20 ‘‘(a) ALLOCATIONS.—(1) Moneys available for ex21 penditure from the Fund shall be allocated on an annual

22 basis by the Secretary in the form of grants to eligible

23 States, or in the form of expenditures under subsection

24 (b), to accomplish the purposes of this subtitle.
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1 ‘‘(2) The Secretary shall distribute moneys from the

2 Fund based on the greatest need for such moneys pursu3 ant to the priorities stated in section 422(b). In determin4 ing the greatest need for the distribution of moneys from

5 the Fund to eligible States, the Secretary shall give prior6 ity to those eligible States which do not receive grants

7 under subtitle A.

8 ‘‘(b) DIRECT FEDERAL EXPENDITURES.—Where a

9 State is not eligible, or in instances where the Secretary

10 determines that the purposes of this subtitle may best be

11 accomplished otherwise, moneys available from the Fund

12 may be expended directly by the Director, Office of Sur13 face Mining Reclamation and Enforcement. The director

14 may also make such money available through grants made

15 to the Director of the Bureau of Land Management, the

16 Chief of the United States Forest Service, the Director

17 of the National Park Service, and any public entity that

18 volunteers to develop and implement, and that has the

19 ability to carry out, all or a significant portion of a rec20 lamation program, or through cooperative agreements be21 tween eligible States and the entities referred to in this

22 subsection.

23 ‘‘SEC. 425. STATE RECLAMATION PROGRAMS.

24 ‘‘(a) ELIGIBLE STATES.—For the purpose of section

25 424(a), ‘eligible States’ are those States for which the Sec-
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1 retary determines meets each of the following require2 ments:

3 ‘‘(1) Within the State there are mined lands,

4 waters, and facilities eligible for reclamation pursu5 ant to section 423.

6 ‘‘(2) The State has developed an inventory of

7 such areas following the priorities established under

8 section 422(b).

9 ‘‘(3) The State has established, and the Sec10 retary has approved, a State abandoned minerals

11 and mineral materials mine reclamation program for

12 the purpose of receiving and administering grants

13 under this subtitle. Any State with an approved

14 abandoned mine reclamation program pursuant to

15 section 405 shall be deemed to have met the require16 ments of this paragraph.

17 ‘‘(b) MONITORING.—The Secretary shall monitor the

18 expenditure of State grants to ensure they are being uti19 lized to accomplish the purposes of this subtitle.

20 ‘‘(c) SUPPLEMENTAL GRANTS.—In the case of any

21 State with an approved abandoned mine reclamation pro22 gram pursuant to section 405, grants to such State made

23 pursuant to this subtitle may be made as a supplement

24 to grants received by such State pursuant to section

25 402(g)(1).
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1 ‘‘(d) STATE PROGRAMS.—(1) The Secretary shall ap2 prove any State abandoned minerals mine reclamation

3 program submitted to the Secretary by a State under this

4 subtitle if the Secretary finds that the State has the ability

5 and necessary State legislation to implement such pro6 gram and that the program complies with the provisions

7 of this subtitle and the regulations of the Secretary under

8 this subtitle.

9 ‘‘(2) No State, or a contractor for such State engaged

10 in approved reclamation work under this subtitle, or a

11 public entity referred to in section 424(b), shall be liable

12 under any provision of Federal law for any costs or dam13 ages as a result of action taken or omitted in the course

14 of carrying out an approved State abandoned minerals

15 mine reclamation program under this section. This para16 graph shall not preclude liability for cost or damages as

17 a result of gross negligence or intentional misconduct by

18 the State. For purposes of the preceding sentence, reck19 less, willful, or wanton misconduct shall constitute gross

20 negligence.

21 ‘‘SEC. 426. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘Amounts credited to the Fund are authorized to be

23 appropriated for the purpose of this subtitle without fiscal

24 year limitation.’’.
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1 SEC. 302. CONFORMING AMENDMENTS.

2 (a) CONFORMING CHANGE.—All references to ‘‘this

3 title’’ in sections 401 through 414 of the Surface Mining

4 Control and Reclamation Act of 1977 (30 U.S.C. 1231

5 and following) are amended to read ‘‘this subtitle’’.

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

7 title IV of the Surface Mining Control and Reclamation

8 Act of 1977 (30 U.S.C. 1231 and following) is amended

9 as follows:

10 (1) Insert the following immediately before the

11 item relating to section 401:

‘‘Subtitle A—Abandoned Coal Mine Reclamation Fund’’.

12 (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.’’.

13 TITLE IV—ADMINISTRATIVE AND

14 MISCELLANEOUS PROVISIONS

15 SEC. 401. POLICY FUNCTIONS.

16 (a) MINERALS POLICY.—The Mining and Minerals

17 Policy Act of 1970 (30 U.S.C. 21a) is amended by adding

18 at the end thereof the following: ‘‘It shall also be the re19 sponsibility of the Secretary of Agriculture to carry out

20 the policy provisions of paragraphs (1) and (2) of this

21 Act.’’.
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1 (b) MINERAL DATA.—Section 5(e)(3) of the National

2 Materials and Minerals Policy, Research and Development

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

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

5 Forest System lands the Secretary of Agriculture shall

6 promptly initiate actions to improve the availability and

7 analysis of mineral data in Federal land use decision

8 making’’.

9 SEC. 402. USER FEES.

10 The Secretaries of Interior and Agriculture are au11 thorized to establish and collect from persons subject to

12 the requirements of this Act such user fees as may be nec13 essary to reimburse the United States for a portion of the

14 expenses incurred in administering such requirements.

15 Fees may be assessed and collected under this section only

16 in such manner as may reasonably be expected to result

17 in an aggregate amount of the fees collected during any

18 fiscal year which does not exceed the aggregate amount

19 of administrative expenses referred to in this section.

20 SEC. 403. REGULATIONS; EFFECTIVE DATES.

21 (a) EFFECTIVE DATE.—This Act shall take effect 1

22 year after the date of enactment of this Act, except as

23 otherwise provided in this Act.

24 (b) REGULATIONS.—(1) The Secretary of the Interior

25 shall issue final regulations to implement title I, such re-
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1 quirements of section 402 and 409 as may be applicable

2 to such title, title III and sections 404, 406 and 407 not

3 later than the effective date of this Act specified in sub4 section (a).

5 (2) The Secretary of the Interior and the Secretary

6 of Agriculture shall each issue final regulations to imple7 ment their respective responsibilities under title II, such

8 requirements of section 402 as may be applicable to such

9 title, and sections 405 and 409 not later than the effective

10 date of this Act referred to in subsection (a). The Sec11 retary of the Interior and the Secretary of Agriculture

12 shall coordinate the promulgation of such regulations.

13 (3) Failure to promulgate the regulations specified in

14 this subsection by the effective date of this Act by reason

15 of any appeal or judicial review shall not delay the effec16 tive date of this Act as specified in subsection (a).

17 (b) NOTICE.—Within 60 days after the publication

18 of regulations referred to in subsection (b)(1), the Sec19 retary of the Interior shall give notice to holders of mining

20 claims and mill sites maintained under the general mining

21 laws as to the requirements of section 404. Procedures

22 for providing such notice shall be established as part of

23 the regulations.

24 (c) NEW MINING CLAIMS.—Notwithstanding any

25 other provision of law, after the effective date of this Act,
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1 a mining claim for a locatable mineral on lands subject

2 to this Act—

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

4 Act,

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

6 Act, and

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

8 Act.

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

10 SITES.

11 (a) CLAIMS UNDER THE GENERAL MINING LAWS.—

12 (1) CONVERTED MINING CLAIMS.—Notwith13 standing any other provision of law, within the 3-

14 year period after the effective date of this Act, the

15 holder of any unpatented mining claim which was lo16 cated under the general mining laws before the ef17 fective date of this Act may elect to convert the

18 claim under this paragraph by filing an election to

19 do so with the Secretary of the Interior that ref20 erences the Bureau of Land Management serial

21 number of that claim in the office designated by

22 such Secretary. The provisions of title I (other than

23 subsections (a), (b), (c), (d)(1), (f), and (h) of sec24 tion 103) shall apply to any such claim, effective

25 upon the making of such election, and the filing of
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1 such election shall constitute notice to the Secretary

2 for purposes of section 103(d)(2). Once a mining

3 claim has been converted, there shall be no distinc4 tion made as to whether such claim was originally

5 located as a lode or placer claim.

6 (2) UNCONVERTED MINING CLAIMS.—Notwith7 standing any other provision of law, any claim re8 ferred to in paragraph (1) that has not converted

9 within the 3-year period referred to in such para10 graph shall be deemed forfeited and declared null

11 and void.

12 (3) CONVERTED MILL SITE CLAIMS.—Notwith13 standing any other provision of law, within the 3-

14 year period after the effective date of this Act, the

15 holder of any unpatented mill site which was located

16 under the general mining laws before the effective

17 date of this Act may elect to convert the site under

18 this paragraph by filing an election to do so with the

19 Secretary of the Interior that references the Bureau

20 of Land Management serial number of that mill site

21 in the office designated by such Secretary. The pro22 visions of title I (other than subsections (a), (b), (c),

23 (d)(1), and (f) of section 103) shall apply to any

24 such claim, effective upon the making of such elec25 tion, and the filing of such election shall constitute
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1 notice to the Secretary for purposes of section

2 103(d)(2). A mill site converted under this para3 graph shall be deemed a mining claim under this

4 Act.

5 (4) UNCONVERTED MILL SITE CLAIMS.—Not6 withstanding any other provision of law, any mill

7 site referred to in paragraph (3) that has not con8 verted within the 3-year period referred to in such

9 paragraph shall be deemed forfeited and declared

10 null and void.

11 (5) TUNNEL SITES.—Any tunnel site located

12 under the general mining laws on or before the ef13 fective date of this Act shall not be recognized as

14 valid unless converted pursuant to paragraph (1).

15 No tunnel sites may be located under the general

16 mining laws after the effective date of this Act.

17 (b) SPECIAL APPLICATION OF REQUIREMENTS.—For

18 mining claims and mill sites converted under this section

19 each of the following shall apply:

20 (1) For the purposes of complying with the re21 quirements of section 103(d)(2), whenever the Sec22 retary receives an election under paragraphs (1) or

23 (3) of subsection (a), as the case may be, he shall

24 provide the certificate referenced in section
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1 103(d)(2) to the holder of the mining claim or mill

2 site.

3 (2) The first diligence year applicable to mining

4 claims and mill sites converted under this section

5 shall commence on the first day of the first month

6 following the date the holder of such claim or mill

7 site files an election to convert with the Secretary

8 under paragraphs (1) or (3) of subsection (a), as the

9 case may be, and subsequent diligence years shall

10 commence on the first day of that month each year

11 thereafter.

12 (3) For the purposes of determining the bound13 aries of a mining claim to which the rental require14 ments of section 104 apply for a mining claim or

15 mill site converted under this section, the rental fee

16 shall be paid on the basis of land within the bound17 aries of the converted mining claim or mill site as

18 described in the notice of location or certificate of lo19 cation filed under section 314 of the Federal Land

20 Policy and Management Act of 1976.

21 (c) PRECONVERSION.—Any unpatented mining claim

22 or mill site located under the general mining laws shall

23 be deemed to be a prior claim for the purposes of section

24 103(e) during the 3-year period referred to in subsections

25 (a)(1) or (a)(3).
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1 (d) POSTCONVERSION.—Any unpatented mining

2 claim or mill site located under the general mining laws

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

4 section 103(e) if converted pursuant to subsections (a)(1)

5 or (a)(3).

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

7 claim is located under this Act for lands encumbered by

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

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

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

11 under the general mining laws is declared null and void

12 under this section or otherwise becomes null and void

13 thereafter.

14 (f) PREACT CONFLICTS.—(1) Any conflicts in exist15 ence on or before the date of enactment of this Act be16 tween holders of mining claims located under the general

17 mining laws may be resolved in accordance with applicable

18 laws governing such conflicts in effect on the date of en19 actment of this Act in a court with proper jurisdiction.

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

21 under section 103(g) between the holders of a mining

22 claim located under this Act and a mining claim or mill

23 located under the general mining laws arising either before

24 or after the conversion of any such claim or site under
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1 this section shall be resolved in a court with proper juris2 diction.

3 SEC. 405. TRANSITIONAL RULES; SURFACE MANAGEMENT

4 REQUIREMENTS.

5 (a) NEW CLAIMS.—Notwithstanding any other provi6 sion of law, any mining claim for a locatable mineral on

7 lands subject to this Act located after the date of enact8 ment of this Act, but prior to the effective date of this

9 Act, shall be subject to such surface management require10 ments as may be applicable to the mining claim in effect

11 prior to the date of enactment of this Act until the effec12 tive date of this Act, at which time such claim shall be

13 subject to the requirements of title II.

14 (b) PREEXISTING CLAIMS.—Notwithstanding any

15 other provision of law, any unpatented mining claim or

16 mill site located under the general mining laws shall be

17 subject to the requirements of title II as follows:

18 (1) In the event a plan of operations had not

19 been approved for mineral activities on any such

20 claim or site prior to the effective date of this Act,

21 the claim or site shall be subject to the requirements

22 of title II upon the effective date of this Act.

23 (2) In the event a plan of operations had been

24 approved for mineral activities on any such claim or

25 site prior to the effective date of this Act, such plan
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1 of operations shall continue in force for a period of

2 5 years after the effective date of this Act, after

3 which time the requirements of title II shall apply,

4 except as provided under subsection (c), subject to

5 the limitations of section 204(d)(2). In order to meet

6 the requirements of section 201, the person conduct7 ing mineral activities under such plan of operations

8 shall apply for a modification under section 201(i).

9 During such 5-year period the provisions of section

10 202 shall apply on the basis of the surface manage11 ment requirements applicable to such plans of oper12 ations prior to the effective date of this Act.

13 (3) In the event a notice had been filed with the

14 authorized officer in the applicable district office of

15 the Bureau of Land Management (as provided for in

16 the regulations of the Secretary of the Interior in ef17 fect prior to the date of enactment of this Act relat18 ing to operations that cause a cumulative disturb19 ance of 5 acres or less) prior to the date of enact20 ment of this Act, mineral activities may continue

21 under such notice for a period of 2 years after the

22 effective date of this Act, after which time the re23 quirements of title II shall apply, except as provided

24 under subsection (c), subject to the limitations of

25 section 204(d)(2). In order to meet the requirements
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1 of section 201, the person conducting mineral activi2 ties under such notice must apply for a modification

3 under section 201(i) unless such mineral activities

4 are conducted pursuant to section 201(b)(2). During

5 such 2-year period the provisions of section 202

6 shall apply on the basis of the surface management

7 requirements applicable to such notices prior to the

8 effective date of this Act.

9 (4) In the event a notice (as described in para10 graph (3)) had not been filed with the authorized of11 ficer in the applicable district office of the Bureau

12 of Land Management prior to the date of enactment

13 of this Act, the claim or site shall be subject to the

14 surface management requirements in effect prior to

15 the effective date of this Act at which time such

16 claims shall be subject to the requirements of title

17 II.

18 SEC. 406. BASIS FOR CONTEST.

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

20 Act, a mining claim may not be contested or challenged

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

22 except as follows:

23 (A) Any claim located on or before the effective

24 date of this Act may be contested by the United

25 States on the basis of discovery under the general
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1 mining laws as in effect prior to the effective date

2 of this Act if such claim is located within units of

3 the National Park System, National Wildlife Refuge

4 System, National Wilderness Preservation System,

5 Wild and Scenic Rivers System, National Trails Sys6 tem, or National Recreation Areas designated by an

7 Act of Congress, or within an area referred to in

8 section 205 pending a final determination referenced

9 in such section.

10 (B) Any mining claim located on or before the

11 effective date of this Act may be contested by the

12 United States on the basis of discovery under the

13 general mining laws as in effect prior to the effective

14 date of this Act if such claim was located for a min15 eral material that purportedly has a property giving

16 it distinct and special value within the meaning of

17 section 3(a) of the Act of July 23, 1955, or if such

18 claim was located for a mineral that was not

19 locatable under the general mining laws on or before

20 the effective date of this Act.

21 (2) The Secretary of the Interior or the Secretary of

22 Agriculture, as the case may be, may initiate contest pro23 ceedings against those mining claims referred to in para24 graph (1) at any time, except that nothing in this sub25 section may be construed as requiring the Secretary to in-
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1 quire into or contest the validity of a mining claim for

2 the purpose of the conversion referred to in section 404.

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

4 limiting any contest proceedings initiated by the United

5 States under this subsection on issues other than

6 discovery.

7 SEC. 407. SAVINGS CLAUSE CLAIMS.

8 (a) Notwithstanding any other provision of law, ex9 cept as provided under subsection (b), an unpatented min10 ing claim referred to in section 37 of the Mineral Leasing

11 Act (30 U.S.C. 193) may not be converted under section

12 404 until the Secretary of the Interior determines the

13 claim was valid on the date of enactment of the Mineral

14 Leasing Act and has been maintained in compliance with

15 the general mining laws.

16 (b) Immediately after the date of enactment of this

17 Act, the Secretary of the Interior shall initiate contest pro18 ceedings challenging the validity of all unpatented claims

19 referred to in subsection (a), including those claims for

20 which a patent application has not been filed. If a claim

21 is determined to be invalid, the Secretary shall promptly

22 declare the claim to be null and void.

23 (c) No claim referred to in subsection (a) shall be

24 declared null and void under section 404 during the period

25 such claim is subject to a proceeding under subsection (b).
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1 If, as a result of such proceeding, a claim is determined

2 valid, the holder of such claim may comply with the re3 quirements of section 404(a)(1), except that the 3-year pe4 riod referred to in such section shall commence with the

5 date of the completion of the contest proceeding.

6 SEC. 408. SEVERABILITY.

7 If any provision of this Act or the applicability there8 of to any person or circumstances is held invalid, the re9 mainder of this Act and the application of such provision

10 to other persons or circumstances shall not be affected

11 thereby.

12 SEC. 409. PURCHASING POWER ADJUSTMENT.

13 The Secretary shall adjust all rental rates, penalty

14 amounts, and other dollar amounts established in this Act

15 for changes in the purchasing power of the dollar every

16 10 years following the date of enactment of this Act, em17 ploying the Consumer Price Index for all-urban consumers

18 published by the Department of Labor as the basis for

19 adjustment, and rounding according to the adjustment

20 process of conditions of the Federal Civil Penalties Infla21 tion Adjustment Act of 1990 (104 Stat. 890).

22 SEC. 410. ROYALTY.

23 (a) RESERVATION OF ROYALTY.—Production of

24 locatable minerals (including associated minerals) from

25 any mining claim located or converted under this Act, or
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1 mineral concentrates derived from locatable minerals pro2 duced from any mining claim located or converted under

3 this Act, as the case may be, shall be subject to a royalty

4 of not less than 8 percent of the gross income from the

5 production of such locatable minerals or concentrates, as

6 the case may be.

7 (b) ROYALTY PAYMENTS.—Royalty payments shall

8 be made to the United States not later than 30 days after

9 the end of the month in which the product is produced

10 and placed in its first marketable condition, consistent

11 with prevailing practices in the industry.

12 (c) REPORTING REQUIREMENTS.—All persons hold13 ing claims under this Act shall be required to provide such

14 information as determined necessary by the Secretary to

15 ensure compliance with this section, including, but not

16 limited to, quarterly reports, records, documents, and

17 other data. Such reports may also include, but not be lim18 ited to, pertinent technical and financial data relating to

19 the quantity, quality, and amount of all minerals extracted

20 from the mining claim.

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

22 such audits of all persons holding claims under this Act

23 as he deems necessary for the purposes of ensuring com24 pliance with the requirements of this section.
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1 (e) DISPOSITION OF RECEIPTS.—All receipts from

2 royalties collected pursuant to this section shall be distrib3 uted as follows—

4 (1) 50 percent shall be deposited into the Fund

5 referred to in title III;

6 (2) 25 percent collected in any State shall be

7 paid to the State in the same manner as are pay8 ments to States under section 35 of the Mineral

9 Leasing Act; and

10 (3) 25 percent shall be deposited into the

11 Treasury of the United States.

12 (f) COMPLIANCE.—Any person holding claims under

13 this Act who knowingly or willfully prepares, maintains,

14 or submits false, inaccurate, or misleading information re15 quired by this section, or fails or refuses to submit such

16 information, shall be subject to the enforcement provisions

17 of section 202 of this Act and forfeiture of the claim.

18 (g) REGULATIONS.—The Secretary shall promulgate

19 regulations to establish gross income for royalty purposes

20 under subsection (a) and to ensure compliance with this

21 section.

22 (h) REPORT.—The Secretary shall submit to the Con23 gress an annual report on the implementation of this sec24 tion. The information to be included in the report shall

25 include, but not be limited to, aggregate and State-by-
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1 State production data, and projections of mid-term and

2 long-term hard rock mineral production and trends on

3 public lands.

4 SEC. 411. SAVINGS CLAUSE.

5 (a) SPECIAL APPLICATION OF MINING LAWS.—Noth6 ing in this Act shall be construed as repealing or modify7 ing any Federal law, regulation, order or land use plan,

8 in effect prior to the effective date of this Act that pro9 hibits or restricts the application of the general mining

10 laws, including such laws that provide for special manage11 ment criteria for operations under the general mining laws

12 as in effect prior to the effective date of this Act, to the

13 extent such laws provide environmental protection greater

14 than required under this title.

15 (b) OTHER FEDERAL LAWS.—Nothing in this Act

16 shall be construed as superseding, modifying, amending

17 or repealing any provision of Federal law not expressly

18 superseded, modified, amended or repealed by this Act, in19 cluding but not necessarily limited to, all of the following

20 laws—

21 (1) the Clean Water Act (33 U.S.C. 1251 and

22 following);

23 (2) the Clean Air Act (42 U.S.C. 7401 and fol24 lowing);
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1 (3) title IX of the Public Health Service Act

2 (the Safe Drinking Water Act (42 U.S.C. 300f and

3 following));

4 (4) the Endangered Species Act of 1973 (16

5 U.S.C. 1531 and following);

6 (5) the National Environmental Policy Act of

7 1969 (42 U.S.C. 4321 and following);

8 (6) the Atomic Energy Act of 1954 (42 U.S.C.

9 2011 and following);

10 (7) the Uranium Mill Tailings Radiation Con11 trol Act (42 U.S.C. 7901 to 7942);

12 (8) the Federal Mine Safety and Health Act of

13 1977 (30 U.S.C. 801 and following);

14 (9) the Solid Waste Disposal Act (42 U.S.C.

15 6901 and following);

16 (10) the Comprehensive Environmental Re17 sponse, Compensation, and Liability Act of 1980 (42

18 U.S.C. 9601 and following);

19 (11) the Act commonly known as the False

20 Claims Act (31 U.S.C. 3729 to 3731);

21 (12) the National Historic Preservation Act (16

22 U.S.C. 470 and following);

23 (13) the Migratory Bird Treaty Act (16 U.S.C.

24 706 and following); and
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1 (14) the Forest and Rangeland Renewable Re2 sources Planning Act of 1974, as amended by the

3 National Forest Management Act of 1976.

4 (c) PROTECTION OF CONSERVATION AREAS.—In

5 order to protect the resources and values of Denali Na6 tional Park and Preserve, and all other National Con7 servation System units, the Secretary of the Interior or

8 other appropriate Secretary shall utilize authority under

9 this Act and other applicable law to the fullest extent nec10 essary to prevent mineral activities within the boundaries

11 of such units that could have an adverse impact on the

12 resources or values of such units.

13 SEC. 412. AVAILABILITY OF PUBLIC RECORDS.

14 Copies of records, reports, inspection materials or in15 formation obtained by the Secretary under this Act shall

16 be made immediately available to the public, consistent

17 with section 552 of title 5 of the United States Code, in

18 central and sufficient locations in the county, multicounty,

19 and State area of mineral activity or reclamation so that

20 such items are conveniently available to residents in the

21 area proposed or approved for mineral activities or rec22 lamation.

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