I 

114TH CONGRESS 

1ST SESSION H. R. 963 

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 

FEBRUARY 13, 2015 

Mr. GRIJALVA (for himself, Mr. DEFAZIO, Mr. LOWENTHAL, Mr. BEYER, Ms. 

TSONGAS, Mr. CARTWRIGHT, Mr. HUFFMAN, Mr. TONKO, Mr. BLUMENAUER, Ms. CLARK of Massachusetts, Ms. LEE, Mr. LEVIN, Ms. 

MCCOLLUM, Mr. MCDERMOTT, Mr. QUIGLEY, Mr. SCHIFF, and Mr. 

TAKAI) introduced the following bill; which was referred to the Committee 

on Natural Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by 

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

A BILL 

To modify the requirements applicable to locatable minerals 

on public domain lands, consistent with the principles 

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

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Hardrock Mining Reform and Reclamation Act of 2015’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions and references. 

Sec. 3. Application rules. 

TITLE I—MINERAL EXPLORATION AND DEVELOPMENT 

Sec. 101. Limitation on patents. 

Sec. 102. Royalty. 

Sec. 103. Hardrock mining claim maintenance fee. 

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

TITLE II—PROTECTION OF SPECIAL PLACES 

Sec. 201. Lands open to location. 

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

tribes. 

TITLE III—ENVIRONMENTAL CONSIDERATIONS OF MINERAL 

EXPLORATION AND DEVELOPMENT 

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

Sec. 302. Permits. 

Sec. 303. Exploration permit. 

Sec. 304. Operations permit. 

Sec. 305. Persons ineligible for permits. 

Sec. 306. Financial assurance. 

Sec. 307. Operation and reclamation. 

Sec. 308. State law and regulation. 

Sec. 309. Limitation on the issuance of permits. 

TITLE IV—MINING MITIGATION 

Subtitle A—Hardrock Minerals Fund 

Sec. 401. Definitions. 

Sec. 402. Establishment of Fund. 

Sec. 403. Contents of Fund. 

Sec. 404. Subaccounts. 

Sec. 405. Displaced material reclamation fee. 

Subtitle B—Use of Hardrock Reclamation Account 

Sec. 411. Use and objectives of the account. 

Sec. 412. Eligible lands and waters. 

Sec. 413. Authorization of appropriations. 

Subtitle C—Use of Hardrock Community Impact Assistance Account 

Sec. 421. Use and objectives of the account. 

Sec. 422. Allocation of funds. 

TITLE V—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS 

Subtitle A—Administrative Provisions 


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Sec. 501. Policy functions. 

Sec. 502. User fees. 

Sec. 503. Inspection and monitoring. 

Sec. 504. Citizens suits. 

Sec. 505. Administrative and judicial review. 

Sec. 506. Enforcement. 

Sec. 507. Regulations. 

Sec. 508. Effective date. 

Subtitle B—Miscellaneous Provisions 

Sec. 511. Oil shale claims. 

Sec. 512. Purchasing power adjustment. 

Sec. 513. Savings clause. 

Sec. 514. Availability of public records. 

Sec. 515. Miscellaneous powers. 

Sec. 516. Multiple mineral development and surface resources. 

Sec. 517. Mineral materials. 

TITLE VI—GOOD SAMARITAN CLEANUP OF ABANDONED 

HARDROCK MINES 

Sec. 601. Short title. 

Sec. 602. Findings; purposes. 

Sec. 603. Scope. 

Sec. 604. Good Samaritan discharge permits. 

1 SEC. 2. DEFINITIONS AND REFERENCES. 

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

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

4 any person, any of the following: 

5 (A) Any person who controls, is controlled 

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

8 (B) Any partner of such person. 

9 (C) Any person owning at least 10 percent 

10 of the voting shares of such person. 

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

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


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1 (3) The term ‘‘beneficiation’’ means the crush2 ing and grinding of locatable mineral ore and such 

3 processes as are employed to free the mineral from 

4 other constituents, including but not necessarily lim5 ited to, physical and chemical separation techniques. 

6 (4) The term ‘‘casual use’’— 

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

8 means mineral activities that do not ordinarily 

9 result in any disturbance of public lands and re10 sources; 

11 (B) includes collection of geochemical, 

12 rock, soil, or mineral specimens using 

13 handtools, hand panning, or nonmotorized sluic14 ing; and 

15 (C) does not include— 

16 (i) the use of mechanized earth-mov17 ing equipment, suction dredging, or explo18 sives; 

19 (ii) the use of motor vehicles in areas 

20 closed to off-road vehicles; 

21 (iii) the construction of roads or drill 

22 pads; and 

23 (iv) the use of toxic or hazardous ma24 terials. 


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

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

3 claim located under the general mining laws and 

4 maintained in compliance with such laws and this 

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

6 holder. 

7 (6) The term ‘‘control’’ means having the abil8 ity, directly or indirectly, to determine (without re9 gard to whether exercised through one or more cor10 porate structures) the manner in which an entity 

11 conducts mineral activities, through any means, in12 cluding without limitation, ownership interest, au13 thority to commit the entity’s real or financial as14 sets, position as a director, officer, or partner of the 

15 entity, or contractual arrangement. 

16 (7) The term ‘‘exploration’’— 

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

18 means creating surface disturbance other than 

19 casual use, to evaluate the type, extent, quan20 tity, or quality of minerals present; 

21 (B) includes mineral activities associated 

22 with sampling, drilling, and analyzing locatable 

23 mineral values; and 

24 (C) does not include extraction of mineral 

25 material for commercial use or sale. 


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

2 and any interest in land, that is owned by the 

3 United States and open to location of mining claims 

4 under the general mining laws and title II of this 

5 Act. 

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

7 in trust for the benefit of an Indian tribe or indi8 vidual or held by an Indian tribe or individual sub9 ject to a restriction by the United States against 

10 alienation. 

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

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

13 or community, including any Alaska Native village 

14 or regional corporation as defined in or established 

15 pursuant to the Alaska Native Claims Settlement 

16 Act (43 U.S.C. 1601 et seq.), that is recognized as 

17 eligible for the special programs and services pro18 vided by the United States to Indians because of 

19 their status as Indians. 

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

21 (A) subject to subparagraph (B), means 

22 any mineral, the legal and beneficial title to 

23 which remains in the United States and that is 

24 not subject to disposition under any of— 


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1 (i) the Mineral Leasing Act (30 

2 U.S.C. 181 et seq.); 

3 (ii) the Geothermal Steam Act of 

4 1970 (30 U.S.C. 1001 et seq.); 

5 (iii) the Act of July 31, 1947, com6 monly known as the Materials Act of 1947 

7 (30 U.S.C. 601 et seq.); or 

8 (iv) the Mineral Leasing for Acquired 

9 Lands Act (30 U.S.C. 351 et seq.); and 

10 (B) does not include any mineral that is 

11 subject to a restriction against alienation im12 posed by the United States and is— 

13 (i) held in trust by the United States 

14 for any Indian or Indian tribe, as defined 

15 in section 2 of the Indian Mineral Develop16 ment Act of 1982 (25 U.S.C. 2101); or 

17 (ii) owned by any Indian or Indian 

18 tribe, as defined in that section. 

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

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

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

22 exploration, mining, beneficiation, processing, or rec23 lamation activities for any locatable mineral. 

24 (13) The term ‘‘National Conservation System 

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


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1 National Wildlife Refuge System, National Wild and 

2 Scenic Rivers System, or National Trails System, or 

3 a National Conservation Area, a National Recreation 

4 Area, a National Monument, or any unit of the Na5 tional Wilderness Preservation System. 

6 (14) The term ‘‘operator’’ means any person 

7 proposing or authorized by a permit issued under 

8 this Act to conduct mineral activities and any agent 

9 of such person. 

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

11 Indian tribe, partnership, association, society, joint 

12 venture, joint stock company, firm, company, cor13 poration, cooperative, or other organization and any 

14 instrumentality of State or local government includ15 ing any publicly owned utility or publicly owned cor16 poration of State or local government. 

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

18 downstream of beneficiation employed to prepare 

19 locatable mineral ore into the final marketable prod20 uct, including but not limited to smelting and elec21 trolytic refining. 

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

23 of the Interior, unless otherwise specified. 


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

2 halt in mine-related production activities for a con3 tinuous period of no longer than 5 years. 

4 (19) The term ‘‘undue degradation’’ means ir5 reparable harm to significant scientific, cultural, or 

6 environmental resources on public lands that cannot 

7 be effectively mitigated. 

8 (b) VALID EXISTING RIGHTS.—As used in this Act, 

9 the term ‘‘valid existing rights’’ means a mining claim or 

10 millsite claim located on lands described in section 201(b), 

11 that— 

12 (1) was properly located and maintained under 

13 the general mining laws prior to the date of enact14 ment of this Act; 

15 (2) was supported by a discovery of a valuable 

16 mineral deposit within the meaning of the general 

17 mining laws on the date of enactment of this Act, 

18 or satisfied the limitations under existing law for 

19 millsite claims; and 

20 (3) continues to be valid under this Act. 

21 (c) REFERENCES TO OTHER LAWS.—(1) Any ref22 erence in this Act to the term general mining laws is a 

23 reference to those Acts that generally comprise chapters 

24 2, 12A, and 16, and sections 161 and 162, of title 30, 

25 United States Code. 


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

2 1955, is a reference to the Act entitled ‘‘An Act to amend 

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

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

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

6 U.S.C. 601 et seq.). 

7 (d) REFERENCES TO THIS ACT.—Except as other8 wise expressly provided, any reference to ‘‘this Act’’ con9 tained in this section, section 3, or titles I through V shall 

10 be treated as referring only to the provisions of this sec11 tion, section 3, and titles I through V. 

12 SEC. 3. APPLICATION RULES. 

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

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

15 the general mining laws, before, on, or after the date of 

16 enactment of this Act, except as provided in subsection 

17 (b). 

18 (b) PREEXISTING CLAIMS.—(1) Any unpatented min19 ing claim or millsite claim located under the general min20 ing laws before the date of enactment of this Act for which 

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

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

23 date of this Act, be subject to the requirements of this 

24 Act, except as provided in paragraph (2). 


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

2 activities on any claim or site referred to in paragraph 

3 (1) prior to the date of enactment of this Act but such 

4 operations have not commenced prior to the date of enact5 ment of this Act— 

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

7 date of enactment of this Act, mineral activities at 

8 such claim or site shall be subject to such plan of 

9 operations; 

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

11 any such plan may be made in accordance with the 

12 provisions of law applicable prior to the enactment 

13 of this Act if such modifications are deemed minor 

14 by the Secretary concerned; and 

15 (iii) the operator shall bring such mineral ac16 tivities into compliance with this Act by the end of 

17 such 10-year period. 

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

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

20 timely submitted and an approved plan expires prior to 

21 Secretarial action on the application, mineral activities 

22 and reclamation may continue in accordance with the 

23 terms of the expired plan until the Secretary makes an 

24 administrative decision on the application. 


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1 (c) FEDERAL LANDS SUBJECT TO EXISTING PER2 MIT.—(1) Any Federal land shall be subject to the require3 ments of section 102(a)(2) if the land is— 

4 (A) subject to an operations permit; and 

5 (B) producing valuable locatable minerals in 

6 commercial quantities prior to the date of enactment 

7 of this Act. 

8 (2) Any Federal land added through a plan modifica9 tion to an operations permit on Federal land that is sub10 mitted after the date of enactment of this Act shall be 

11 subject to the terms of section 102(a)(3). 

12 (d) APPLICATION OF ACT TO BENEFICIATION AND

13 PROCESSING OF NON-FEDERAL MINERALS ON FEDERAL

14 LANDS.—The provisions of this Act (including the envi15 ronmental protection requirements of title III) shall apply 

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

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

18 beneficiation or processing activities for any mineral with19 out regard to whether or not the legal and beneficial title 

20 to the mineral is held by the United States. This sub21 section applies only to minerals that are locatable minerals 

22 or minerals that would be locatable minerals if the legal 

23 and beneficial title to such minerals were held by the 

24 United States. 


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1 TITLE I—MINERAL EXPLO2 RATION AND DEVELOPMENT 

3 SEC. 101. LIMITATION ON PATENTS. 

4 (a) MINING CLAIMS.— 

5 (1) DETERMINATIONS REQUIRED.—After the 

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

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

10 (A) a patent application was filed with the 

11 Secretary on or before September 30, 1994; 

12 and 

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

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

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

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

18 37) for placer claims were fully complied with 

19 by that date. 

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

21 the determinations referred to in subparagraphs (A) 

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

23 holder of the claim shall be entitled to the issuance 

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

25 such claim holder would have been entitled to prior 


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

2 determinations are withdrawn or invalidated by the 

3 Secretary or by a court of the United States. 

4 (b) MILLSITE CLAIMS.— 

5 (1) DETERMINATIONS REQUIRED.—After the 

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

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

10 (A) a patent application for such land was 

11 filed with the Secretary on or before September 

12 30, 1994; and 

13 (B) all requirements applicable to such 

14 patent application were fully complied with by 

15 that date. 

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

17 the determinations referred to in subparagraphs (A) 

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

19 holder of the claim shall be entitled to the issuance 

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

21 such claim holder would have been entitled to prior 

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

23 determinations are withdrawn or invalidated by the 

24 Secretary or by a court of the United States. 


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1 SEC. 102. ROYALTY. 

2 (a) RESERVATION OF ROYALTY.— 

3 (1) IN GENERAL.—Except as provided in para4 graph (2) and subject to paragraph (3), production 

5 of all locatable minerals from any mining claim lo6 cated under the general mining laws and maintained 

7 in compliance with this Act, or mineral concentrates 

8 or products derived from locatable minerals from 

9 any such mining claim, as the case may be, shall be 

10 subject to a royalty of 8 percent of the gross income 

11 from mining. The claim holder or any operator to 

12 whom the claim holder has assigned the obligation 

13 to make royalty payments under the claim and any 

14 person who controls such claim holder or operator 

15 shall be liable for payment of such royalties. 

16 (2) ROYALTY FOR FEDERAL LANDS SUBJECT

17 TO EXISTING PERMIT.—The royalty under para18 graph (1) shall be 4 percent in the case of any Fed19 eral land that— 

20 (A) is subject to an operations permit on 

21 the date of the enactment of this Act; and 

22 (B) produces valuable locatable minerals in 

23 commercial quantities on the date of enactment 

24 of this Act. 

25 (3) FEDERAL LAND ADDED TO EXISTING OPER26 ATIONS PERMIT.—Any Federal land added through 


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1 a plan modification to an operations permit that is 

2 submitted after the date of enactment of this Act 

3 shall be subject to the royalty that applies to Fed4 eral land under paragraph (1). 

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

6 States as royalties under this subsection shall be de7 posited into the account established under section 

8 401. 

9 (5) LIMITATION ON APPLICATION.— 

10 (A) IN GENERAL.—Any royalty under this 

11 subsection shall not apply for a person for any 

12 tax year for which the person certifies to the 

13 Secretary in writing that the person and all re14 lated parties with respect to such person, in the 

15 aggregate, had annual gross income from min16 eral production in an amount less than 

17 $100,000. 

18 (B) AGGREGATION OF INCOME.—The dol19 lar amount in subparagraph (A) shall be ap20 plied, for a person, to the aggregate of all an21 nual gross income from mineral production 

22 under all mining claims held by or assigned to 

23 such person or any related parties with respect 

24 to such person, including mining claims located 


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1 or for which a patent was issued before the date 

2 of the enactment of this Act. 

3 (C) RELATED PARTIES DEFINED.—For the 

4 purposes of this paragraph, the term ‘‘related 

5 parties’’ means, with respect to a person— 

6 (i) the spouse and all dependents (as 

7 defined in section 152 of the Internal Rev8 enue Code of 1986 (26 U.S.C. 152)) of the 

9 person; or 

10 (ii) another person who is affiliated 

11 with the person, including— 

12 (I) another person controlled by, 

13 controlling, or under common control 

14 with the person; and 

15 (II) a subsidiary or parent com16 pany or corporation of the person. 

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

18 TRANSPORTERS.—(1) A person— 

19 (A) who is required to make any royalty pay20 ment under this section shall make such payments 

21 to the United States at such times and in such man22 ner as the Secretary may by rule prescribe; and 

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

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

25 assignment that such person may have made of the 


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1 obligation to make any royalty or other payment 

2 under a mining claim. 

3 (2) Any person paying royalties under this section 

4 shall file a written instrument, together with the first roy5 alty payment, affirming that such person is responsible for 

6 making proper payments for all amounts due for all time 

7 periods for which such person has a payment responsi8 bility. Such responsibility for the periods referred to in the 

9 preceding sentence shall include any and all additional 

10 amounts billed by the Secretary and determined to be due 

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

12 royalty payments under this section who assigns any pay13 ment obligation shall remain jointly and severally liable 

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

15 (3) A person conducting mineral activities shall— 

16 (A) develop and comply with the site security 

17 provisions in the operations permit designed to pro18 tect from theft the locatable minerals, concentrates 

19 or products derived therefrom which are produced or 

20 stored on a mining claim, and such provisions shall 

21 conform with such minimum standards as the Sec22 retary may prescribe by rule, taking into account the 

23 variety of circumstances on mining claims; and 

24 (B) not later than the 5th business day after 

25 production begins anywhere on a mining claim, or 


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1 production resumes after more than 90 days after 

2 production was suspended, notify the Secretary, in 

3 the manner prescribed by the Secretary, of the date 

4 on which such production has begun or resumed. 

5 (4) The Secretary may by rule require any person en6 gaged in transporting a locatable mineral, concentrate, or 

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

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

9 documentation showing, at a minimum, the amount, ori10 gin, and intended destination of the locatable mineral, con11 centrate, or product derived therefrom in such cir12 cumstances as the Secretary determines is appropriate. 

13 (c) RECORDKEEPING AND REPORTING REQUIRE14 MENTS.—(1) A claim holder, operator, or other person di15 rectly involved in developing, producing, processing, trans16 porting, purchasing, or selling locatable minerals, con17 centrates, or products derived therefrom, subject to this 

18 Act, through the point of royalty computation shall estab19 lish and maintain any records, make any reports, and pro20 vide any information that the Secretary may reasonably 

21 require for the purposes of implementing this section or 

22 determining compliance with rules or orders under this 

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

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

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


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1 technical and financial data relating to the quantity, qual2 ity, composition volume, weight, and assay of all minerals 

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

4 officer or employee duly designated by the Secretary con5 ducting an audit or investigation pursuant to this section, 

6 the appropriate records, reports, or information that may 

7 be required by this section shall be made available for in8 spection and duplication by such officer or employee. Fail9 ure by a claim holder, operator, or other person referred 

10 to in the first sentence to cooperate with such an audit, 

11 provide data required by the Secretary, or grant access 

12 to information may, at the discretion of the Secretary, re13 sult in involuntary forfeiture of the claim. 

14 (2) Records required by the Secretary under this sec15 tion shall be maintained for 7 years after release of finan16 cial assurance under section 306 unless the Secretary noti17 fies the operator that the Secretary has initiated an audit 

18 or investigation involving such records and that such 

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

20 case when an audit or investigation is underway, records 

21 shall be maintained until the Secretary releases the oper22 ator of the obligation to maintain such records. 

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

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

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1 rectly involved in the production or sales of minerals cov2 ered by this Act, as the Secretary deems necessary for the 

3 purposes of ensuring compliance with the requirements of 

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

5 Secretary shall, at reasonable times and upon request, 

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

7 documents that relate to compliance with any provision 

8 of this section by any person. 

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

10 is authorized to enter into cooperative agreements with the 

11 Secretary of Agriculture to share information concerning 

12 the royalty management of locatable minerals, con13 centrates, or products derived therefrom, to carry out in14 spection, auditing, investigation, or enforcement (not in15 cluding the collection of royalties, civil or criminal pen16 alties, or other payments) activities under this section in 

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

18 activity described in this section. 

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

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

21 cooperative agreement, the Secretary of Agriculture shall, 

22 upon request, have access to all royalty accounting infor23 mation in the possession of the Secretary respecting the 

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1 centrates, or products derived therefrom from claims on 

2 lands open to location under this Act. 

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

4 information protected from disclosure under section 552 

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

6 Freedom of Information Act, shall be made available by 

7 the Secretary to other Federal agencies as necessary to 

8 assure compliance with this Act and other Federal laws. 

9 The Secretary, the Secretary of Agriculture, the Adminis10 trator of the Environmental Protection Agency, and other 

11 Federal officials shall ensure that such information is pro12 vided protection in accordance with the requirements of 

13 that section. 

14 (f) INTEREST AND SUBSTANTIAL UNDERREPORTING

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

16 royalty payments are not received by the Secretary on the 

17 date that such payments are due, the Secretary shall 

18 charge interest on such underpayments at the same inter19 est rate as the rate applicable under section 6621(a)(2) 

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

21 underpayment, interest shall be computed and charged 

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

23 amount. 

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

25 production from a claim for any production month by any 


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1 person liable for royalty payments under this section, the 

2 Secretary shall assess a penalty of not greater than 25 

3 percent of the amount of that underreporting. 

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

5 ‘‘underreporting’’ means the difference between the roy6 alty on the value of the production that should have been 

7 reported and the royalty on the value of the production 

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

9 reported is greater than the value that was reported. 

10 (4) The Secretary may waive or reduce the assess11 ment provided in paragraph (2) of this subsection if the 

12 person liable for royalty payments under this section cor13 rects the underreporting before the date such person re14 ceives notice from the Secretary that an underreporting 

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

16 the enactment of this section, whichever is later. 

17 (5) The Secretary shall waive any portion of an as18 sessment under paragraph (2) of this subsection attrib19 utable to that portion of the underreporting for which the 

20 person responsible for paying the royalty demonstrates 

21 that— 

22 (A) such person had written authorization from 

23 the Secretary to report royalty on the value of the 

24 production on basis on which it was reported; 


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1 (B) such person had substantial authority for 

2 reporting royalty on the value of the production on 

3 the basis on which it was reported; 

4 (C) such person previously had notified the Sec5 retary, in such manner as the Secretary may by rule 

6 prescribe, of relevant reasons or facts affecting the 

7 royalty treatment of specific production which led to 

8 the underreporting; or 

9 (D) such person meets any other exception 

10 which the Secretary may, by rule, establish. 

11 (6) All penalties collected under this subsection shall 

12 be deposited in the Locatable Minerals Fund established 

13 under title IV. 

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

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

16 acting through the Director of the Minerals Management 

17 Service. 

18 (h) EXPANDED ROYALTY OBLIGATIONS.—Each per19 son liable for royalty payments under this section shall 

20 be jointly and severally liable for royalty on all locatable 

21 minerals, concentrates, or products derived therefrom lost 

22 or wasted from a mining claim located under the general 

23 mining laws and maintained in compliance with this Act 

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


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

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

3 (i) GROSS INCOME FROM MINING DEFINED.—For 

4 the purposes of this section, for any locatable mineral, the 

5 term ‘‘gross income from mining’’ has the same meaning 

6 as the term ‘‘gross income’’ in section 613(c) of the Inter7 nal Revenue Code of 1986. 

8 (j) EFFECTIVE DATE.—The royalty under this sec9 tion shall take effect with respect to the production of 

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

11 royalty payments attributable to production during the 

12 first 12 calendar months after the enactment of this Act 

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

14 (k) FAILURE TO COMPLY WITH ROYALTY REQUIRE15 MENTS.—Any person who fails to comply with the require16 ments of this section or any regulation or order issued to 

17 implement this section shall be liable for a civil penalty 

18 under section 109 of the Federal Oil and Gas Royalty 

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

20 if the claim located under the general mining laws and 

21 maintained in compliance with this Act were a lease under 

22 that Act. 

23 SEC. 103. HARDROCK MINING CLAIM MAINTENANCE FEE. 

24 (a) FEE.— 


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

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

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

4 tunnel site on federally owned lands, whether located 

5 before, on, or after enactment of this Act, each 

6 claimant shall pay to the Secretary, on or before Au7 gust 31 of each year, a claim maintenance fee of 

8 $200 per claim to hold such unpatented mining 

9 claim, mill or tunnel site for the assessment year be10 ginning at noon on the next day, September 1. Such 

11 claim maintenance fee shall be in lieu of the assess12 ment work requirement contained in the Mining Law 

13 of 1872 (30 U.S.C. 28 et seq.) and the related filing 

14 requirements contained in section 314 (a) and (c) of 

15 the Federal Land Policy and Management Act of 

16 1976 (43 U.S.C. 1744 (a) and (c)). 

17 (2)(A) The claim maintenance fee required 

18 under this subsection shall be waived for a claimant 

19 who certifies in writing to the Secretary that on the 

20 date the payment was due, the claimant and all re21 lated parties— 

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

23 mill sites, or tunnel sites, or any combination 

24 thereof, on public lands; and 


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1 (ii) have performed assessment work re2 quired under the Mining Law of 1872 (30 

3 U.S.C. 28 et seq.) to maintain the mining 

4 claims held by the claimant and such related 

5 parties for the assessment year ending on noon 

6 of September 1 of the calendar year in which 

7 payment of the claim maintenance fee was due. 

8 (B) For purposes of subparagraph (A), with re9 spect to any claimant, the term ‘‘all related parties’’ 

10 means— 

11 (i) the spouse and dependent children (as 

12 defined in section 152 of the Internal Revenue 

13 Code of 1986), of the claimant; or 

14 (ii) a person affiliated with the claimant, 

15 including— 

16 (I) a person controlled by, controlling, 

17 or under common control with the claim18 ant; or 

19 (II) a subsidiary or parent company 

20 or corporation of the claimant. 

21 (3)(A) The Secretary shall adjust the fees re22 quired by this subsection to reflect changes in the 

23 Consumer Price Index published by the Bureau of 

24 Labor Statistics of the Department of Labor every 

25 5 years after the date of enactment of this Act, or 


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1 more frequently if the Secretary determines an ad2 justment to be reasonable. 

3 (B) The Secretary shall provide claimants no4 tice of any adjustment made under this paragraph 

5 not later than July 1 of any year in which the ad6 justment is made. 

7 (C) A fee adjustment under this paragraph 

8 shall begin to apply the calendar year following the 

9 calendar year in which it is made. 

10 (4) Moneys received under this subsection that 

11 are not otherwise allocated for the administration of 

12 the mining laws by the Department of the Interior 

13 shall be deposited in the Locatable Minerals Fund 

14 established by this Act. 

15 (b) LOCATION.— 

16 (1) Notwithstanding any provision of law, for 

17 every unpatented mining claim, mill or tunnel site 

18 located after the date of enactment of this Act and 

19 before September 30, 1998, the locator shall, at the 

20 time the location notice is recorded with the Bureau 

21 of Land Management, pay to the Secretary a loca22 tion fee, in addition to the fee required by subsection 

23 (a) of $50 per claim. 

24 (2) Moneys received under this subsection that 

25 are not otherwise allocated for the administration of 


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1 the mining laws by the Department of the Interior 

2 shall be deposited in the Locatable Minerals Fund 

3 established by this Act. 

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

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

6 in effect except that the annual claim maintenance fee, 

7 where applicable, shall replace applicable assessment re8 quirements and expenditures. 

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

10 maintenance fee as required by subsection (a) shall conclu11 sively constitute a forfeiture of the unpatented mining 

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

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

14 (e) OTHER REQUIREMENTS.— 

15 (1) Nothing in this section shall change or mod16 ify the requirements of section 314(b) of the Federal 

17 Land Policy and Management Act of 1976 (43 

18 U.S.C. 1744(b)), or the requirements of section 

19 314(c) of the Federal Land Policy and Management 

20 Act of 1976 (43 U.S.C. 1744(c)) related to filings 

21 required by section 314(b), which remain in effect. 

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

23 United States (30 U.S.C. 28) is amended by insert24 ing ‘‘or section 103(a) of the Hardrock Mining ReVerDate Sep 11 2014 00:29 Feb 26, 2015 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H963.IH H963

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1 form and Reclamation Act of 2015’’ after ‘‘Act of 

2 1993’’. 

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

4 OF CLAIMS. 

5 Timely payment of the claim maintenance fee re6 quired by section 103 of this Act or any related law relat7 ing to the use of Federal land, asserts the claimant’s au8 thority to use and occupy the Federal land concerned for 

9 prospecting and exploration, consistent with the require10 ments of this Act and other applicable law. 

11 TITLE II—PROTECTION OF 

12 SPECIAL PLACES 

13 SEC. 201. LANDS OPEN TO LOCATION. 

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

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

16 general mining laws only on such lands and interests as 

17 were open to the location of mining claims under the gen18 eral mining laws immediately before the enactment of this 

19 Act. 

20 (b) LANDS NOT OPEN TO LOCATION.—Notwith21 standing any other provision of law and subject to valid 

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

23 the location of mining claims under the general mining 

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

25 (1) Wilderness study areas. 


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1 (2) Areas of critical environmental concern. 

2 (3) Areas designated for inclusion in the Na3 tional Wild and Scenic Rivers System pursuant to 

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

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

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

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

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

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

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

11 roadless areas maps contained in the Forest Service 

12 Roadless Area Conservation Final Environmental 

13 Impact Statement, Volume 2, dated November 2000. 

14 (c) EXISTING AUTHORITY NOT AFFECTED.—Noth15 ing in this Act limits the authority granted the Secretary 

16 in section 204 of the Federal Land Policy and Manage17 ment Act of 1976 (43 U.S.C. 1714) to withdraw public 

18 lands. 

19 SEC. 202. WITHDRAWAL PETITIONS BY STATES, POLITICAL 

20 SUBDIVISIONS, AND INDIAN TRIBES. 

21 (a) IN GENERAL.—Subject to valid existing rights, 

22 any State or political subdivision of a State or an Indian 

23 tribe may submit a petition to the Secretary for the with24 drawal of a specific tract of Federal land from the oper25 ation of the general mining laws, in order to protect speVerDate Sep 11 2014 00:29 Feb 26, 2015 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H963.IH H963

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1 cific values identified in the petition that are important 

2 to the State or political subdivision or Indian tribe. Such 

3 values may include the value of a watershed to supply 

4 drinking water, wildlife habitat value, cultural or historic 

5 resources, or value for scenic vistas important to the local 

6 economy, and other similar values. In the case of an In7 dian tribe, the petition may also identify religious or cul8 tural values that are important to the Indian tribe. The 

9 petition shall contain the information required by section 

10 204 of the Federal Land Policy and Management Act of 

11 1976 (43 U.S.C. 1714). 

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

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

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

15 within 180 days after receiving it; and 

16 (3) shall grant the petition subject to valid ex17 isting rights, unless the Secretary makes and pub18 lishes in the Federal Register specific findings why 

19 a decision to grant the petition would be against the 

20 national interest. 


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1 TITLE III—ENVIRONMENTAL 

2 CONSIDERATIONS OF MIN3 ERAL EXPLORATION AND DE4 VELOPMENT 

5 SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON 

6 FEDERAL LAND. 

7 Notwithstanding section 302(b) of the Federal Land 

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

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

10 30 Stat. 36; 16 U.S.C. 478), and the National Forest 

11 Management Act of 1976 (16 U.S.C. 1600 et seq.), and 

12 in accordance with this title and applicable law, unless ex13 pressly stated otherwise in this Act, the Secretary— 

14 (1) shall ensure that mineral activities on any 

15 Federal land that is subject to a mining claim, mill16 site claim, or tunnel site claim is carefully controlled 

17 to prevent undue degradation of public lands and re18 sources; and 

19 (2) shall not grant permission to engage in min20 eral activities if the Secretary, after considering the 

21 evidence, makes and publishes in the Federal Reg22 ister a determination that undue degradation would 

23 result from such activities. 


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1 SEC. 302. PERMITS. 

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

3 mineral activities on Federal land that may cause a dis4 turbance of surface resources, including but not limited 

5 to land, air, ground water and surface water, and fish and 

6 wildlife, unless— 

7 (1) the claim was properly located under the 

8 general mining laws and maintained in compliance 

9 with such laws and this Act; and 

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

11 this title authorizing such activities. 

12 (b) NEGLIGIBLE DISTURBANCE.—Notwithstanding 

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

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

15 Federal land. 

16 (c) COORDINATION WITH NEPA PROCESS.—To the 

17 extent practicable, the Secretary and the Secretary of Ag18 riculture shall conduct the permit processes under this Act 

19 in coordination with the timing and other requirements 

20 under section 102 of the National Environmental Policy 

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

22 SEC. 303. EXPLORATION PERMIT. 

23 (a) AUTHORIZED EXPLORATION ACTIVITY.—Any 

24 claim holder may apply for an exploration permit for any 

25 mining claim authorizing the claim holder to remove a rea26 sonable amount of the locatable minerals from the claim 


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

3 nor to conduct any activities other than those required for 

4 exploration for locatable minerals and reclamation. 

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

7 be submitted in a manner satisfactory to the Secretary 

8 or, for National Forest System lands, the Secretary of Ag9 riculture, and shall contain an exploration plan, a reclama10 tion plan for the proposed exploration, and such docu11 mentation as necessary to ensure compliance with applica12 ble Federal and State environmental laws and regulations. 

13 (c) RECLAMATION PLAN REQUIREMENTS.—The rec14 lamation plan required to be included in a permit applica15 tion under subsection (b) shall include such provisions as 

16 may be jointly prescribed by the Secretary and the Sec17 retary of Agriculture. 

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

19 or for National Forest System lands, the Secretary of Ag20 riculture, shall issue an exploration permit pursuant to an 

21 application under this section unless such Secretary makes 

22 any of the following determinations: 

23 (1) The permit application, the exploration plan 

24 and reclamation plan are not complete and accurate. 


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1 (2) The applicant has not demonstrated that 

2 proposed reclamation can be accomplished. 

3 (3) The proposed exploration activities and con4 dition of the land after the completion of exploration 

5 activities and final reclamation would not conform 

6 with the land use plan applicable to the area subject 

7 to mineral activities. 

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

9 included within an area not open to location under 

10 section 201. 

11 (5) The applicant has not demonstrated that 

12 the exploration plan and reclamation plan will be in 

13 compliance with the requirements of this Act and all 

14 other applicable Federal requirements, and any 

15 State requirements agreed to by the Secretary of the 

16 Interior (or Secretary of Agriculture, as appro17 priate). 

18 (6) The applicant has not demonstrated that 

19 the requirements of section 306 (relating to financial 

20 assurance) will be met. 

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

22 under section 305. 

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

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


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1 that necessary to accomplish the proposed exploration, 

2 and in no case for more than 10 years. 

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

4 exploration permit the permit holder may submit an appli5 cation to modify the permit. To approve a proposed modi6 fication to the permit, the Secretary concerned shall make 

7 the same determinations as are required in the case of 

8 an original permit, except that the Secretary and the Sec9 retary of Agriculture may specify by joint rule the extent 

10 to which requirements for initial exploration permits under 

11 this section shall apply to applications to modify an explo12 ration permit based on whether such modifications are 

13 deemed significant or minor. 

14 (g) TRANSFER, ASSIGNMENT, OR SALE OF

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

16 granted by a permit issued under this section shall be 

17 made without the prior written approval of the Secretary 

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

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

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

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

25 with section 304(d); 


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1 (B) has submitted evidence of financial assur2 ance satisfactory under section 306; and 

3 (C) meets any other requirements specified by 

4 the Secretary. 

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

6 and reclamation responsibilities established by the existing 

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

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

10 or sale. 

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

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

14 Interior in such amount as may be established by such 

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

16 anticipated cost to the Secretary or the Secretary of Agri17 culture, as appropriate, of reviewing and approving or dis18 approving such transfer, assignment, or sale, as deter19 mined by the Secretary of the Interior. 

20 SEC. 304. OPERATIONS PERMIT. 

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

22 is in compliance with the general mining laws and section 

23 103 of this Act may apply to the Secretary, or for National 

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


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1 operations permit authorizing the claim holder to carry 

2 out mineral activities, other than casual use, on— 

3 (A) any valid mining claim, valid millsite claim, 

4 or valid tunnel site claim; and 

5 (B) such additional Federal land as the Sec6 retary may determine is necessary to conduct the 

7 proposed mineral activities, if the operator obtains a 

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

9 under title V of the Federal Land Policy and Man10 agement Act of 1976 (43 U.S.C. 1761 et seq.) and 

11 agrees to pay all fees required under that title for 

12 the permit under that title. 

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

14 permit shall include such terms and conditions as pre15 scribed by such Secretary to carry out this title. 

16 (b) PERMIT APPLICATION REQUIREMENTS.—An ap17 plication for an operations permit under this section shall 

18 be submitted in a manner satisfactory to the Secretary 

19 concerned and shall contain site characterization data, an 

20 operations plan, a reclamation plan, monitoring plans, 

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

22 such documentation as necessary to ensure compliance 

23 with applicable Federal and State environmental laws and 

24 regulations. If the proposed mineral activities will be car25 ried out in conjunction with mineral activities on adjacent 


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

2 of such operations may be required by the Secretary. 

3 (c) PERMIT ISSUANCE OR DENIAL.—(1) After pro4 viding for public participation pursuant to subsection (i), 

5 the Secretary, or for National Forest System lands the 

6 Secretary of Agriculture, shall issue an operations permit 

7 if such Secretary makes each of the following determina8 tions in writing, and shall deny a permit if such Secretary 

9 finds that the application and applicant do not fully meet 

10 the following requirements: 

11 (A) The permit application, including the site 

12 characterization data, operations plan, and reclama13 tion plan, are complete and accurate and sufficient 

14 for developing a good understanding of the antici15 pated impacts of the mineral activities and the effec16 tiveness of proposed mitigation and control. 

17 (B) The applicant has demonstrated that the 

18 proposed reclamation in the operation and reclama19 tion plan can be and is likely to be accomplished by 

20 the applicant and will not cause undue degradation. 

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

22 and wildlife resources and habitat contained thereon, 

23 after the completion of mineral activities and final 

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1 cable to the area subject to mineral activities and 

2 are returned to a productive use. 

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

4 open to location for the types of mineral activities 

5 proposed. 

6 (E) The proposed operation has been designed 

7 to prevent material damage to the hydrologic bal8 ance outside the permit area. 

9 (F) The applicant will fully comply with the re10 quirements of section 306 (relating to financial as11 surance) prior to the initiation of operations. 

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

13 subsidiary, affiliate, or person controlled by or under 

14 common control with the applicant or operator, is in15 eligible to receive a permit under section 305. 

16 (H) The reclamation plan demonstrates that 10 

17 years following mine closure, no treatment of surface 

18 or ground water for carcinogens or toxins will be re19 quired to meet water quality standards at the point 

20 of discharge. 

21 (2) With respect to any activities specified in the rec22 lamation plan referred to in subsection (b) that constitutes 

23 a removal or remedial action under section 101 of the 

24 Comprehensive Environmental Response, Compensation, 

25 and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the 


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1 Secretary shall consult with the Administrator of the En2 vironmental Protection Agency prior to the issuance of an 

3 operations permit. The Administrator shall ensure that 

4 the reclamation plan does not require activities that would 

5 increase the costs or likelihood of removal or remedial ac6 tions under the Comprehensive Environmental Response, 

7 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

8 et seq.) or corrective actions under the Solid Waste Dis9 posal Act (42 U.S.C. 6901 et seq.). 

10 (d) TERM OF PERMIT; RENEWAL.— 

11 (1) An operations permit— 

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

13 than the shorter of— 

14 (i) the period necessary to accomplish 

15 the proposed mineral activities subject to 

16 the permit; and 

17 (ii) 20 years; and 

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

19 year period if the operation is in compliance 

20 with the requirements of this Act and other ap21 plicable law. 

22 (2) Failure by the operator to commence min23 eral activities within 2 years of the date scheduled 

24 in an operations permit shall require a modification 

25 of the permit if the Secretary concerned determines 


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1 that modifications are necessary to comply with sec2 tion 201. 

3 (e) PERMIT MODIFICATION.— 

4 (1) During the term of an operations permit 

5 the operator may submit an application to modify 

6 the permit (including the operations plan or rec7 lamation plan, or both). 

8 (2) The Secretary, or for National Forest Sys9 tem lands the Secretary of Agriculture, may, at any 

10 time, require reasonable modification to any oper11 ations plan or reclamation plan upon a determina12 tion that the requirements of this Act cannot be met 

13 if the plan is followed as approved. Such determina14 tion shall be based on a written finding and subject 

15 to public notice and hearing requirements estab16 lished by the Secretary concerned. 

17 (3) A permit modification is required before 

18 changes are made to the approved plan of oper19 ations, or if unanticipated events or conditions exist 

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

21 (A) development of acid or toxic drainage; 

22 (B) loss of springs or water supplies; 

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

24 resulting water impacts that are significantly 


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1 different than those predicted in the applica2 tion; 

3 (D) the need for long-term water treat4 ment; 

5 (E) significant reclamation difficulties or 

6 reclamation failure; 

7 (F) the discovery of significant scientific, 

8 cultural, or biological resources that were not 

9 addressed in the original plan; or 

10 (G) the discovery of hazards to public safe11 ty. 

12 (f) TEMPORARY CESSATION OF OPERATIONS.—(1) 

13 An operator conducting mineral activities under an oper14 ations permit in effect under this title may not temporarily 

15 cease mineral activities for a period greater than 180 days 

16 unless the Secretary concerned has approved such tem17 porary cessation or unless the temporary cessation is per18 mitted under the original permit. Any operator tempo19 rarily ceasing mineral activities for a period greater than 

20 90 days under an operations permit issued before the date 

21 of the enactment of this Act shall submit, before the expi22 ration of such 90-day period, a complete application for 

23 temporary cessation of operations to the Secretary con24 cerned for approval unless the temporary cessation is per25 mitted under the original permit. 


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1 (2) An application for approval of temporary ces2 sation of operations shall include such information re3 quired under subsection (b) and any other provisions pre4 scribed by the Secretary concerned to minimize impacts 

5 on the environment. After receipt of a complete applica6 tion for temporary cessation of operations such Secretary 

7 shall conduct an inspection of the area for which tem8 porary cessation of operations has been requested. 

9 (3) To approve an application for temporary ces10 sation of operations, the Secretary concerned shall make 

11 each of the following determinations: 

12 (A) A determination that the methods for se13 curing surface facilities and restricting access to the 

14 permit area, or relevant portions thereof, will effec15 tively ensure against hazards to the health and safe16 ty of the public and fish and wildlife. 

17 (B) A determination that reclamation is in com18 pliance with the approved reclamation plan, except 

19 in those areas specifically designated in the applica20 tion for temporary cessation of operations for which 

21 a delay in meeting such standards is necessary to fa22 cilitate the resumption of operations. 

23 (C) A determination that the amount of finan24 cial assurance filed with the permit application is 

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1 tivities identified in the approved reclamation plan in 

2 the event of forfeiture. 

3 (D) A determination that any outstanding no4 tices of violation and cessation orders incurred in 

5 connection with the plan for which temporary ces6 sation is being requested are either stayed pursuant 

7 to an administrative or judicial appeal proceeding or 

8 are in the process of being abated to the satisfaction 

9 of the Secretary concerned. 

10 (g) PERMIT REVIEWS.—The Secretary, or for Na11 tional Forest System lands the Secretary of Agriculture, 

12 shall review each permit issued under this section every 

13 10 years during the term of such permit, shall provide 

14 public notice of the permit review, and, based upon a writ15 ten finding, such Secretary shall require the operator to 

16 take such actions as the Secretary deems necessary to as17 sure that mineral activities conform to the permit, includ18 ing adjustment of financial assurance requirements. 

19 (h) TRANSFER, ASSIGNMENT, OR SALE OF

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

21 granted by a permit under this section shall be made with22 out the prior written approval of the Secretary, or for Na23 tional Forest System lands the Secretary of Agriculture. 

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

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


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

2 the permit to a successor, if such Secretary finds, in writ3 ing, that the successor— 

4 (A) has submitted information required and is 

5 eligible to receive a permit in accordance with sec6 tion 305; 

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

9 (C) meets any other requirements specified by 

10 such Secretary. 

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

12 and reclamation responsibilities established by the existing 

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

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

16 or sale. 

17 (4) Each application for approval of a permit trans18 fer, assignment, or sale pursuant to this subsection shall 

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

20 Interior, or for National Forest System lands, the Sec21 retary of Agriculture, in such amount as may be estab22 lished by such Secretary, or for National Forest System 

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

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

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


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1 Agriculture, of reviewing and approving or disapproving 

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

3 Secretary. 

4 (i) PUBLIC PARTICIPATION.—The Secretary of the 

5 Interior and the Secretary of Agriculture shall jointly pro6 mulgate regulations to ensure transparency and public 

7 participation in permit decisions required under this Act, 

8 consistent with any requirements that apply to such deci9 sions under section 102 of the National Environmental 

10 Policy Act of 1969 (42 U.S.C. 4332). 

11 SEC. 305. PERSONS INELIGIBLE FOR PERMITS. 

12 (a) CURRENT VIOLATIONS.—Unless corrective action 

13 has been taken in accordance with subsection (c), no per14 mit under this title shall be issued or transferred to an 

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

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

17 concerned, any claim holder (if different than the appli18 cant) of the claim concerned, or any affiliate or officer 

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

20 of the following: 

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

22 under this Act. 

23 (2) An applicable State or Federal toxic sub24 stance, solid waste, air, water quality, or fish and 

25 wildlife conservation law or regulation at any site 


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1 where mining, beneficiation, or processing activities 

2 are occurring or have occurred. 

3 (3) The Surface Mining Control and Reclama4 tion Act of 1977 (30 U.S.C. 1201 et seq.) or any 

5 regulation implementing that Act at any site where 

6 surface coal mining operations have occurred or are 

7 occurring. 

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

9 Forest System lands the Secretary of Agriculture, shall 

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

11 Secretary determines that any of the entities described in 

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

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

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

15 Forest System lands the Secretary of Agriculture, may 

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

17 submits proof that the violation referred to in subsection 

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

19 corrected to the satisfaction of such Secretary and the reg20 ulatory authority involved or if the applicant submits proof 

21 that the violator has filed and is presently pursuing, a di22 rect administrative or judicial appeal to contest the exist23 ence of the violation. For purposes of this section, an ap24 peal of any applicant’s relationship to an affiliate shall not 


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1 constitute a direct administrative or judicial appeal to con2 test the existence of the violation. 

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

4 upon proof submitted under this subsection shall be condi5 tionally approved or conditionally reinstated, as the case 

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

7 violation is upheld on appeal, the permit shall be sus8 pended or revoked. 

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

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

11 is a demonstrated pattern of willful violations of the envi12 ronmental protection requirements of this Act by the ap13 plicant, any affiliate of the applicant, or the operator or 

14 claim holder if different than the applicant. 

15 SEC. 306. FINANCIAL ASSURANCE. 

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

17 permit is issued under this title and before any exploration 

18 or operations begin under the permit, the operator shall 

19 file with the Secretary, or for National Forest System 

20 lands the Secretary of Agriculture, evidence of financial 

21 assurance payable to the United States. The financial as22 surance shall be provided in the form of a surety bond, 

23 a trust fund, letters of credits, government securities, cer24 tificates of deposit, cash, or an equivalent form approved 

25 by such Secretary. 


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1 (2) The financial assurance shall cover all lands with2 in the initial permit area and all affected waters that may 

3 require restoration, treatment, or other management as a 

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

5 all lands and waters added pursuant to any permit modi6 fication made under section 303(f) (relating to exploration 

7 permits) or section 304(e) (relating to operations per8 mits), or affected by mineral activities. 

9 (b) AMOUNT.—The amount of the financial assur10 ance required under this section shall be sufficient to as11 sure the completion of reclamation and restoration satis12 fying the requirements of this Act if the work were to be 

13 performed by the Secretary concerned in the event of for14 feiture, including the construction and maintenance costs 

15 for any treatment facilities necessary to meet Federal and 

16 State environmental requirements. The calculation of such 

17 amount shall take into account the maximum level of fi18 nancial exposure which shall arise during the mineral ac19 tivity and administrative costs associated with a govern20 ment agency reclaiming the site. 

21 (c) DURATION.—The financial assurance required 

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

23 mineral activities and for an additional period to cover the 

24 operator’s responsibility for reclamation, restoration, and 


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1 long-term maintenance, and effluent treatment as speci2 fied in subsection (g). 

3 (d) ADJUSTMENTS.—The amount of the financial as4 surance and the terms of the acceptance of the assurance 

5 may be adjusted by the Secretary concerned from time to 

6 time as the area requiring coverage is increased or de7 creased, or where the costs of reclamation or treatment 

8 change, or pursuant to section 304(f) (relating to tem9 porary cessation of operations), but the financial assur10 ance shall otherwise be in compliance with this section. 

11 The Secretary concerned shall review the financial guar12 antee every 3 years and as part of the permit application 

13 review under section 304(c). 

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

15 opportunity for public comment, and after inspection by 

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

17 Secretary of Agriculture, such Secretary may, after con18 sultation with the Administrator of the Environmental 

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

20 assurance required under this section if the Secretary 

21 makes both of the following determinations: 

22 (1) A determination that reclamation or res23 toration covered by the financial assurance has been 

24 accomplished as required by this Act. 


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1 (2) A determination that the terms and condi2 tions of any other applicable Federal requirements, 

3 and State requirements applicable pursuant to coop4 erative agreements under section 308, have been ful5 filled. 

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

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

8 (1) After the operator has completed any re9 quired backfilling, regrading, and drainage control of 

10 an area subject to mineral activities and covered by 

11 the financial assurance, and has commenced revege12 tation on the regraded areas subject to mineral ac13 tivities in accordance with the approved plan, that 

14 portion of the total financial assurance secured for 

15 the area subject to mineral activities attributable to 

16 the completed activities may be released except that 

17 sufficient assurance must be retained to address 

18 other required reclamation and restoration needs 

19 and to assure the long-term success of the revegeta20 tion. 

21 (2) After the operator has completed success22 fully all remaining mineral activities and reclamation 

23 activities and all requirements of the operations plan 

24 and the reclamation plan, and all other requirements 


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1 of this Act have been fully met, the remaining por2 tion of the financial assurance may be released. 

3 During the period following release of the financial assur4 ance as specified in paragraph (1), until the remaining 

5 portion of the financial assurance is released as provided 

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

7 with the permit issued under this title. 

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

9 where any discharge or other water-related condition re10 sulting from the mineral activities requires treatment in 

11 order to meet the applicable effluent limitations and water 

12 quality standards, the financial assurance shall include the 

13 estimated cost of maintaining such treatment for the pro14 jected period that will be needed after the cessation of 

15 mineral activities. The portion of the financial assurance 

16 attributable to such estimated cost of treatment shall not 

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

18 5 years, as determined by ongoing monitoring and testing, 

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

20 all applicable effluent limitations and water quality stand21 ards for 5 full years without treatment. 

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

23 or for National Forest System lands, the Secretary of Ag24 riculture, determines, after final release of financial assur25 ance, that an environmental hazard resulting from the 


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1 mineral activities exists, or the terms and conditions of 

2 the explorations or operations permit of this Act were not 

3 fulfilled in fact at the time of release, such Secretary shall 

4 issue an order under section 506 requiring the claim hold5 er or operator (or any person who controls the claim hold6 er or operator) to correct the condition such that applica7 ble laws and regulations and any conditions from the plan 

8 of operations are met. 

9 SEC. 307. OPERATION AND RECLAMATION. 

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

11 lands subject to mineral activities carried out under a per12 mit issued under this title to a condition capable of sup13 porting— 

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

15 supporting prior to surface disturbance by the oper16 ator, or 

17 (B) other beneficial uses which conform to ap18 plicable land use plans as determined by the Sec19 retary, or for National Forest System lands, the 

20 Secretary of Agriculture. 

21 (2) Reclamation shall proceed as contemporaneously 

22 as practicable with the conduct of mineral activities. In 

23 the case of a cessation of mineral activities beyond that 

24 provided for as a temporary cessation under this Act, rec25 lamation activities shall begin immediately. 


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1 (b) OPERATION AND RECLAMATION STANDARDS.— 

2 The Secretary of the Interior and the Secretary of Agri3 culture shall jointly promulgate regulations that establish 

4 operation and reclamation standards for mineral activities 

5 permitted under this Act. The Secretaries may determine 

6 whether outcome-based performance standards or tech7 nology-based design standards are most appropriate. The 

8 regulations shall address the following: 

9 (1) Segregation, protection, and replacement of 

10 topsoil or other suitable growth medium, and the 

11 prevention, where possible, of soil contamination. 

12 (2) Maintenance of the stability of all surface 

13 areas. 

14 (3) Control of sediments to prevent erosion and 

15 manage drainage. 

16 (4) Minimization of the formation and migra17 tion of acidic, alkaline, metal-bearing, or other dele18 terious leachate. 

19 (5) Reduction of the visual impact of mineral 

20 activities to the surrounding topography, including 

21 as necessary pit backfill. 

22 (6) Establishment of a diverse, effective, and 

23 permanent vegetative cover of the same seasonal va24 riety native to the area affected by mineral activities, 


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1 and equal in extent of cover to the natural vegeta2 tion of the area. 

3 (7) Design and maintenance of leach oper4 ations, impoundments, and excess waste according to 

5 standard engineering standards to achieve and main6 tain stability and reclamation of the site. 

7 (8) Removal of structures and roads and seal8 ing of drill holes. 

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

10 wildlife habitat disturbed by mineral activities. 

11 (10) Preservation of cultural, paleontological, 

12 and cave resources. 

13 (11) Prevention and suppression of fire in the 

14 area of mineral activities. 

15 (c) SURFACE OR GROUNDWATER WITHDRAWALS.— 

16 The Secretary shall work with State and local govern17 ments with authority over the allocation and use of surface 

18 and groundwater in the area around the mine site as nec19 essary to ensure that any surface or groundwater with20 drawals made as a result of mining activities approved 

21 under this section do not cause undue degradation. 

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

23 mining claim that has been forfeited, relinquished, or 

24 lapsed, or a plan that has expired or been revoked or sus25 pended, shall continue subject to review and approval by 


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1 the Secretary, or for National Forest System lands the 

2 Secretary of Agriculture. 

3 SEC. 308. STATE LAW AND REGULATION. 

4 (a) STATE LAW.—(1) Any reclamation, land use, en5 vironmental, or public health protection standard or re6 quirement in State law or regulation that meets or exceeds 

7 the requirements of this Act shall not be construed to be 

8 inconsistent with any such standard. 

9 (2) Any bonding standard or requirement in State 

10 law or regulation that meets or exceeds the requirements 

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

12 such requirements. 

13 (3) Any inspection standard or requirement in State 

14 law or regulation that meets or exceeds the requirements 

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

16 such requirements. 

17 (b) APPLICABILITY OF OTHER STATE REQUIRE18 MENTS.—(1) Nothing in this Act shall be construed as af19 fecting any toxic substance, solid waste, or air or water 

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

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

22 to mineral activities on lands subject to this Act. 

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

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

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1 sources affected by mineral activities on lands subject to 

2 this Act. 

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

4 may enter into a cooperative agreement with the Sec5 retary, or for National Forest System lands the Secretary 

6 of Agriculture, for the purposes of such Secretary applying 

7 such standards and requirements referred to in subsection 

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

9 on lands subject to this Act. 

10 (2) In such instances where the proposed mineral ac11 tivities would affect lands not subject to this Act in addi12 tion to lands subject to this Act, in order to approve a 

13 plan of operations the Secretary concerned shall enter into 

14 a cooperative agreement with the State that sets forth a 

15 common regulatory framework consistent with the require16 ments of this Act for the purposes of such plan of oper17 ations. Any such common regulatory framework shall not 

18 negate the authority of the Federal Government to inde19 pendently inspect mines and operations and bring enforce20 ment actions for violations. 

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

22 cooperative agreement with any State under this section 

23 until after notice in the Federal Register and opportunity 

24 for public comment and hearing. 


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1 (d) PRIOR AGREEMENTS.—Any cooperative agree2 ment or such other understanding between the Secretary 

3 concerned and any State, or political subdivision thereof, 

4 relating to the management of mineral activities on lands 

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

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

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

8 1-year period, the State and the Secretary shall review the 

9 terms of the agreement and make changes that are nec10 essary to be consistent with this Act. 

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

12 No permit shall be issued under this title that author13 izes mineral activities that would impair the land or re14 sources of a National Park or a National Monument. For 

15 purposes of this section, the term ‘‘impair’’ shall include 

16 any diminution of the affected land including wildlife, sce17 nic assets, water resources, air quality, and acoustic quali18 ties, or other changes that would impair a citizen’s experi19 ence at the National Park or National Monument. 

20 TITLE IV—MINING MITIGATION 

21 Subtitle A—Hardrock Minerals 

22 Fund 

23 SEC. 401. DEFINITIONS. 

24 As used in this title: 


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1 (1) The term ‘‘crude ore’’ means ore in its un2 processed form, containing profitable amounts of the 

3 target mineral. 

4 (2) The term ‘‘displaced material’’ means any 

5 crude ore and waste dislodged from its location at 

6 the time hardrock mining operations begin at a sur7 face, underground, or in-situ mine. 

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

9 including mineral interests, owned by the United 

10 States without regard to how the United States ac11 quired ownership of the land and without regard to 

12 the agency having responsibility for management 

13 thereof, except Indian lands. 

14 (4) FUND.—The term ‘‘Fund’’ means the 

15 Hardrock Minerals Fund established by section 402. 

16 (5) The term ‘‘hardrock mineral’’ means— 

17 (A) any mineral mined under the Mining 

18 Law of 1872 (30 U.S.C. 22 et seq.); and 

19 (B) with respect to State, Indian, and pri20 vate lands, any mineral on those lands that 

21 would be considered hardrock mineral under 

22 subparagraph (A) if such mineral had been 

23 mined under the Mining Law of 1872. 

24 (6) The term ‘‘hardrock mining operation’’ 

25 means— 


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1 (A) any activity or operation conducted to 

2 mine a mineral under the Mining Law of 1872 

3 (30 U.S.C. 22 et seq.); 

4 (B) with respect to State, Indian, and pri5 vate lands, any activity or operation conducted 

6 on such lands to mine a mineral that would be 

7 considered hardrock mineral if such mineral 

8 had been mined under the Mining Law of 1872; 

9 and 

10 (C) any activities or operations to mine 

11 any other mineral the mining of which, at any 

12 time on or after the date of the enactment of 

13 this Act, is or was subject to the Mining Law 

14 of 1872. 

15 (7) The term ‘‘mineral activity’’ means any ac16 tivity on a mining claim, millsite claim, or tunnel 

17 site claim for, related to, or incidental to, any min18 eral exploration, mining, beneficiation, processing, or 

19 reclamation activity for any hardrock mineral. 

20 (8) The term ‘‘operator’’ means any person that 

21 conducts a mineral activity and any agent of such 

22 person. 

23 (9) The term ‘‘ton’’ means 2,000 pounds avoir24 dupois (.90718 metric ton). 


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1 (10) The term ‘‘waste’’ means rock that must 

2 be fractured and removed in order to gain access to 

3 crude ore. 

4 SEC. 402. ESTABLISHMENT OF FUND. 

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

6 books of the Treasury a separate account to be known as 

7 the Hardrock Minerals Fund. 

8 (b) INVESTMENT.—The Secretary shall notify the 

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

10 is not, in the Secretary’s judgment, required to meet cur11 rent withdrawals. The Secretary of the Treasury shall in12 vest such portion of the Fund in public debt securities 

13 with maturities suitable for the needs of such Fund and 

14 bearing interest at rates determined by the Secretary of 

15 the Treasury, taking into consideration current market 

16 yields on outstanding marketplace obligations of the 

17 United States of comparable maturities. 

18 (c) ADMINISTRATION.—In addition to other uses au19 thorized by this title, the Secretary may use amounts in 

20 the Fund as necessary for the administrative expenses of 

21 the United States, Indian tribes, and the States to imple22 ment this title. 

23 SEC. 403. CONTENTS OF FUND. 

24 The following amounts shall be credited to the Fund: 


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1 (1) All moneys collected pursuant to section 

2 506 and section 504. 

3 (2) All fees received under section 

4 304(a)(1)(B). 

5 (3) All donations by persons, corporations, as6 sociations, and foundations for the purposes of this 

7 subtitle. 

8 (4) All amounts deposited in the Fund under 

9 section 102. 

10 (5) All amounts received by the United States 

11 from issuance of patents based on a determination 

12 under section 101. 

13 (6) All amounts received by the United States 

14 pursuant to section 103 as claim maintenance and 

15 location fees, other than the moneys allocated for 

16 administration of the mining laws by the Depart17 ment of the Interior. 

18 (7) All income on investments under section 

19 402(b). 

20 (8) All amounts deposited in the Fund under 

21 section 405. 

22 SEC. 404. SUBACCOUNTS. 

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

24 (1) The Hardrock Reclamation Account, which 

25 shall consist of two-thirds of the amounts credited to 


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1 the Fund under section 403 and which shall be ad2 ministered by the Secretary acting through the Di3 rector of the Office of Surface Mining and Enforce4 ment. 

5 (2) The Hardrock Community Impact Assist6 ance Account, which shall consist of one-third of the 

7 amounts credited to the Fund under section 403 and 

8 which shall be administered by the Secretary acting 

9 through the Director of the Bureau of Land Man10 agement. 

11 SEC. 405. DISPLACED MATERIAL RECLAMATION FEE. 

12 (a) IMPOSITION OF FEE.—Except as provided in sub13 section (g), each operator of a hardrock mining operation 

14 shall pay to the Secretary, for deposit in the Hardrock 

15 Minerals Fund established by section 402, a displaced ma16 terial reclamation fee of 7 cents per ton of displaced mate17 rial. 

18 (b) PAYMENT DEADLINE.—Such reclamation fee 

19 shall be paid not later than 60 days after the end of each 

20 calendar year beginning with the first calendar year occur21 ring after the date of enactment of this Act. 

22 (c) SUBMISSION OF STATEMENT.—Together with 

23 such reclamation fee, all operators of hardrock mining op24 erations shall submit to the Secretary a statement of the 

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1 tivities during the previous calendar year, the accuracy of 

2 which shall be sworn to by the operator and notarized. 

3 (d) PENALTY.—Any corporate officer, agent, or di4 rector of a person conducting a hardrock mining oper5 ation, and any other person acting on behalf of such a 

6 person, who knowingly makes any false statement, rep7 resentation, or certification, or knowingly fails to make 

8 any statement, representation, or certification, required 

9 under this section with respect to such operation shall, 

10 upon conviction, be punished by a fine of not more than 

11 $10,000. 

12 (e) CIVIL ACTION TO RECOVER FEE.—Any portion 

13 of such reclamation fee not properly or promptly paid pur14 suant to this section shall be recoverable, with statutory 

15 interest, from the hardrock mining operations operator, in 

16 any court of competent jurisdiction in any action at law 

17 to compel payment of debts. 

18 (f) EFFECT.—Nothing in this section requires a re19 duction in, or otherwise affects, any similar fee required 

20 under any law (including regulations) of any State. 

21 (g) EXEMPTION.— 

22 (1) IN GENERAL.—The fee under this section 

23 shall not apply for a person for any tax year for 

24 which the person certifies to the Secretary in writing 

25 that the person and all related parties with respect 


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1 to such person, in the aggregate, had annual gross 

2 income from mineral production in an amount less 

3 than $100,000. 

4 (2) AGGREGATION OF INCOME.—The dollar 

5 amount in paragraph (1) shall be applied for a per6 son to the aggregate of all annual gross income from 

7 mineral production under all mining claims held by 

8 or assigned to such person or any related parties 

9 with respect to such person, including mining claims 

10 located or for which a patent was issued before the 

11 date of the enactment of this Act. 

12 (3) DEFINITIONS.—For the purposes of this 

13 paragraph, the term ‘‘related parties’’ means, with 

14 respect to a person— 

15 (A) the spouse and all dependents (as de16 fined in section 152 of the Internal Revenue 

17 Code of 1986 (26 U.S.C. 152)) of the person; 

18 or 

19 (B) another person who is affiliated with 

20 the person, including— 

21 (i) another person controlled by, con22 trolling, or under common control with the 

23 person; and 

24 (ii) a subsidiary or parent company or 

25 corporation of the person. 


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1 Subtitle B—Use of Hardrock 

2 Reclamation Account 

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

4 (a) AUTHORIZED USES.— 

5 (1) IN GENERAL.—The Secretary may, subject 

6 to appropriations, use moneys in the Hardrock Rec7 lamation Account (hereinafter in this subtitle re8 ferred to as the ‘‘Account’’) for the reclamation and 

9 restoration of land and water resources adversely af10 fected by past hardrock mineral activities and re11 lated activities on lands described in section 412, in12 cluding any of the following: 

13 (A) Protecting public health and safety. 

14 (B) Preventing, abating, treating, and con15 trolling water pollution created by abandoned 

16 mine drainage, including in river watershed 

17 areas. 

18 (C) Reclaiming and restoring abandoned 

19 surface and underground mined areas. 

20 (D) Reclaiming and restoring abandoned 

21 milling and processing areas. 

22 (E) Backfilling, sealing, or otherwise con23 trolling abandoned underground mine entries. 

24 (F) Revegetating land adversely affected 

25 by past mineral activities in order to prevent 


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1 erosion and sedimentation, to enhance wildlife 

2 habitat, and for any other reclamation purpose. 

3 (G) Controlling surface subsidence due to 

4 abandoned underground mines. 

5 (H) Enhancing fish and wildlife habitat. 

6 (2) MANNER OF USE.—Amounts in the Account 

7 may— 

8 (A) be expended by the Secretary for the 

9 purposes described in paragraph (1); 

10 (B) be transferred by the Secretary to the 

11 Director of the Bureau of Land Management, 

12 the Chief of the Forest Service, the Director of 

13 the National Park Service, the Director of the 

14 United States Fish and Wildlife Service, the 

15 head of any other Federal agency, or any public 

16 entity that volunteers to develop and imple17 ment, and that has the ability to carry out, all 

18 or a significant portion of a reclamation pro19 gram under this subtitle; or 

20 (C) be transferred by the Secretary to an 

21 Indian tribe or a State to carry out a reclama22 tion program under this subtitle that meets the 

23 purposes described in paragraph (1). 

24 (b) ALLOCATION.—Of the amounts deposited into the 

25 Account— 


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1 (1) 25 percent shall be allocated by the Sec2 retary for expenditure in States or on tribal lands 

3 within the boundaries of which occurs production of 

4 hardrock minerals or mineral concentrates or prod5 ucts derived from hardrock minerals, based on a for6 mula reflecting existing production in each such 

7 State or on the land of the Indian tribe; 

8 (2) 25 percent shall be allocated for expenditure 

9 by the Secretary in States or on tribal lands based 

10 on a formula reflecting the quantity of hardrock 

11 minerals, or mineral concentrates or products de12 rived from hardrock minerals, historically produced 

13 in each such State or from the land of the Indian 

14 tribe before the date of enactment of this Act; and 

15 (3) 50 percent shall be allocated for expenditure 

16 by the Secretary to address high-priority needs ac17 cording to the priorities in subsection (c). 

18 (c) PRIORITIES.—Expenditures of moneys from the 

19 Account shall reflect the following priorities in the order 

20 stated: 

21 (1) The protection of public health and safety 

22 from extreme danger from the adverse effects of 

23 past mineral activities, especially as relates to sur24 face water and ground water contaminants. 


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1 (2) The protection of public health and safety 

2 from the adverse effects of past mineral activities. 

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

4 wildlife resources previously degraded by the adverse 

5 effects of past mineral activities, which may include 

6 restoration activities in river watershed areas. 

7 (d) HABITAT.—Reclamation and restoration activi8 ties under this subtitle shall include appropriate mitiga9 tion measures to provide for the continuation of any estab10 lished habitat for wildlife in existence before the com11 mencement of such activities. 

12 (e) RESPONSE OR REMOVAL ACTIONS.—Reclamation 

13 and restoration activities under this subtitle that con14 stitute a removal or remedial action under section 101 of 

15 the Comprehensive Environmental Response, Compensa16 tion, and Liability Act of 1980 (42 U.S.C. 9601), shall 

17 be conducted with the concurrence of the Administrator 

18 of the Environmental Protection Agency. The Secretary 

19 and the Administrator shall enter into a memorandum of 

20 understanding to establish procedures for consultation, 

21 concurrence, training, exchange of technical expertise, and 

22 joint activities under the appropriate circumstances, that 

23 provide assurances that reclamation or restoration activi24 ties under this subtitle shall not be conducted in a manner 

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1 dial actions under the Comprehensive Environmental Re2 sponse, Compensation, and Liability Act of 1980 (42 

3 U.S.C. 9601 et seq.), and that avoid oversight by multiple 

4 agencies to the maximum extent practicable. 

5 SEC. 412. ELIGIBLE LANDS AND WATERS. 

6 (a) ELIGIBILITY.—Reclamation expenditures under 

7 this subtitle may only be made with respect to Federal, 

8 State, Indian, local, and private lands that have been af9 fected by past mineral activities, and water resources that 

10 traverse or are contiguous to such lands, including any 

11 of the following: 

12 (1) Lands and water resources that were used 

13 for, or affected by, mineral activities and abandoned 

14 or left in an inadequate reclamation status before 

15 the effective date of this Act. 

16 (2) Lands for which the Secretary makes a de17 termination that there is no continuing reclamation 

18 responsibility of a claim holder, operator, or other 

19 person who abandoned the site prior to completion 

20 of required reclamation under State or other Federal 

21 laws. 

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

23 Sites and areas designated for remedial action pursuant 

24 to the Uranium Mill Tailings Radiation Control Act of 


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1 1978 (42 U.S.C. 7901 et seq.) shall not be eligible for 

2 expenditures from the Account under this section. 

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

4 maintain a publicly available inventory of abandoned 

5 hardrock minerals mines on public lands and any aban6 doned mine on Indian lands that may be eligible for ex7 penditures under this subtitle, and shall submit an annual 

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

9 sites. 

10 SEC. 413. AUTHORIZATION OF APPROPRIATIONS. 

11 Amounts credited to the Hardrock Reclamation Ac12 count are authorized to be appropriated for the purpose 

13 of this subtitle without fiscal year limitation. 

14 Subtitle C—Use of Hardrock Com15 munity Impact Assistance Ac16 count 

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

18 Amounts in the Hardrock Community Impact Assist19 ance Account shall be available to the Secretary, subject 

20 to appropriations, to provide assistance for the planning, 

21 construction, and maintenance of public facilities and the 

22 provision of public services to States, political subdivisions, 

23 and Indian tribes that are socially or economically im24 pacted by mineral activities conducted under the general 

25 mining laws. 


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1 SEC. 422. ALLOCATION OF FUNDS. 

2 Moneys deposited into the Hardrock Community Im3 pact Assistance Account shall be allocated by the Sec4 retary for purposes of section 421 among the States within 

5 the boundaries of which occurs production of locatable 

6 minerals from mining claims located under the general 

7 mining laws and maintained in compliance with this Act, 

8 or mineral concentrates or products derived from locatable 

9 minerals from mining claims located under the general 

10 mining laws and maintained in compliance with this Act, 

11 as the case may be, in proportion to the amount of such 

12 production in each such State. 

13 TITLE V—ADMINISTRATIVE AND 

14 MISCELLANEOUS PROVISIONS 

15 Subtitle A—Administrative 

16 Provisions 

17 SEC. 501. POLICY FUNCTIONS. 

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

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

20 amended— 

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

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

23 mineral extraction and processing not cause undue 

24 degradation of the natural and cultural resources of 

25 the public lands’’; and 


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

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

3 of Agriculture to carry out the policy provisions of 

4 clauses (1) and (2) of the first paragraph of this 

5 section.’’. 

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

7 Materials and Minerals Policy, Research and Development 

8 Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by insert9 ing before the period the following: ‘‘, except that for Na10 tional Forest System lands the Secretary of Agriculture 

11 shall promptly initiate actions to improve the availability 

12 and analysis of mineral data in public land use decision13 making’’. 

14 SEC. 502. USER FEES. 

15 (a) IN GENERAL.—The Secretary and the Secretary 

16 of Agriculture may each establish and collect from persons 

17 subject to the requirements of this Act such user fees as 

18 may be necessary to reimburse the United States for the 

19 expenses incurred in administering such requirements. 

20 Fees may be assessed and collected under this section only 

21 in such manner as may reasonably be expected to result 

22 in an aggregate amount of the fees collected during any 

23 fiscal year which does not exceed the aggregate amount 

24 of administrative expenses referred to in this section. 


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

2 the fees required by this section to reflect changes in the 

3 Consumer Price Index published by the Bureau of Labor 

4 Statistics of the Department of Labor every 5 years after 

5 the date of enactment of this Act, or more frequently if 

6 the Secretary determines an adjustment to be reasonable. 

7 (2) The Secretary shall provide claimants notice of 

8 any adjustment made under this subsection not later than 

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

10 (3) A fee adjustment under this subsection shall 

11 begin to apply the calendar year following the calendar 

12 year in which it is made. 

13 SEC. 503. INSPECTION AND MONITORING. 

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

16 shall make inspections of mineral activities so as to ensure 

17 compliance with the requirements of this Act. 

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

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

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

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

24 approves an application under section 304(f) (relating to 

25 temporary cessation of operations). After revegetation has 


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1 been established in accordance with a reclamation plan, 

2 such Secretary shall conduct annually 2 complete inspec3 tions. Such Secretary shall have the discretion to modify 

4 the inspection frequency for mineral activities that are 

5 conducted on a seasonal basis. Inspections shall continue 

6 under this subsection until final release of financial assur7 ance. 

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

9 she is or may be adversely affected by mineral activities 

10 due to any violation of the requirements of a permit ap11 proved under this Act may request an inspection. The Sec12 retary, or for National Forest System lands the Secretary 

13 of Agriculture, shall determine within 10 working days of 

14 receipt of the request whether the request states a reason 

15 to believe that a violation exists. If the person alleges and 

16 provides reason to believe that an imminent threat to the 

17 environment or danger to the health or safety of the public 

18 exists, the 10-day period shall be waived and the inspec19 tion shall be conducted immediately. When an inspection 

20 is conducted under this paragraph, the Secretary con21 cerned shall notify the person requesting the inspection, 

22 and such person shall be allowed to accompany the Sec23 retary concerned or the Secretary’s authorized representa24 tive during the inspection. The Secretary shall not incur 

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1 thorized representative. The identity of the person sup2 plying information to the Secretary relating to a possible 

3 violation or imminent danger or harm shall remain con4 fidential with the Secretary if so requested by that person, 

5 unless that person elects to accompany an authorized rep6 resentative on the inspection. 

7 (B) The Secretaries shall, by joint rule, establish pro8 cedures for the review of (i) any decision by an authorized 

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

10 representative to ensure that remedial actions are taken 

11 with respect to any alleged violation. The Secretary con12 cerned shall furnish such persons requesting the review 

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

14 disposition of the case. 

15 (b) MONITORING.—(1) The Secretary, or for Na16 tional Forest System lands the Secretary of Agriculture, 

17 shall require all operators to develop and maintain a moni18 toring and evaluation system that shall identify compli19 ance with all requirements of a permit approved under this 

20 Act. The Secretary concerned may require additional mon21 itoring to be conducted as necessary to assure compliance 

22 with the reclamation and other environmental standards 

23 of this Act. Such plan must be reviewed and approved by 

24 the Secretary and shall become a part of the explorations 

25 or operations permit. 


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

2 or for National Forest System lands the Secretary of Agri3 culture, on a frequency determined by the Secretary con4 cerned, on the results of the monitoring and evaluation 

5 process, except that if the monitoring and evaluation show 

6 a violation of the requirements of a permit approved under 

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

8 concerned. The Secretary shall evaluate the reports sub9 mitted pursuant to this paragraph, and based on those 

10 reports and any necessary inspection shall take enforce11 ment action pursuant to this section. Such reports shall 

12 be maintained by the operator and by the Secretary and 

13 shall be made available to the public. 

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

15 lands the Secretary of Agriculture, shall determine what 

16 information shall be reported by the operator pursuant to 

17 paragraph (3). A failure to report as required by the Sec18 retary concerned shall constitute a violation of this Act 

19 and subject the operator to enforcement action pursuant 

20 to section 506. 

21 SEC. 504. CITIZENS SUITS. 

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

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

24 her own behalf to compel compliance— 


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1 (1) against any person (including the Secretary 

2 or the Secretary of Agriculture) who is alleged to be 

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

4 any regulation promulgated pursuant to title III of 

5 this Act or any term or condition of any permit 

6 issued under title III of this Act; or 

7 (2) against the Secretary or the Secretary of 

8 Agriculture where there is alleged a failure of such 

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

10 or to promulgate any regulation under this Act, 

11 which is not within the discretion of the Secretary 

12 concerned. 

13 The United States district courts shall have jurisdiction 

14 over actions brought under this section, without regard to 

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

16 including actions brought to apply any civil penalty under 

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

18 have jurisdiction to compel agency action unreasonably de19 layed, except that an action to compel agency action re20 viewable under section 505 may only be filed in a United 

21 States district court within the circuit in which such action 

22 would be reviewable under section 505. 

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

24 under subsection (a) before the end of the 60-day period 

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1 ing of such alleged violation to the alleged violator and 

2 the Secretary, or for National Forest System lands the 

3 Secretary of Agriculture, except that any such action may 

4 be brought immediately after such notification if the viola5 tion complained of constitutes an imminent threat to the 

6 environment or to the health or safety of the public. 

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

8 other than the Secretary or the Secretary of Agriculture 

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

10 and is diligently prosecuting a civil or criminal action in 

11 a court of the United States to require compliance. 

12 (3) No action may be commenced under paragraph 

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

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

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

16 is judicially reviewable under section 505 or under any 

17 other provision of law at any time after such promulga18 tion, issuance, or denial is final. 

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

20 section shall be determined in accordance with section 

21 1391 of title 28, United States Code. 

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

23 any action brought pursuant to this section may award 

24 costs of litigation (including attorney and expert witness 

25 fees) to any party whenever the court determines such 


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1 award is appropriate. The court may, if a temporary re2 straining order or preliminary injunction is sought, require 

3 the filing of a bond or equivalent security in accordance 

4 with the Federal Rules of Civil Procedure. 

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

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

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

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

9 law to bring an action to seek any relief against the Sec10 retary or the Secretary of Agriculture or against any other 

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

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

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

14 section shall affect the jurisdiction of any court under any 

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

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

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

18 as required by law. 

19 SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW. 

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

21 issued a notice of violation or cessation order under sec22 tion 506, or any person having an interest which is or 

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

24 apply to the Secretary, or for National Forest System 

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


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

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

3 is modified, vacated, or terminated. 

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

5 under section 506 may apply to the Secretary concerned 

6 for review of the assessment within 45 days of notification 

7 of such penalty. 

8 (C) Any person may apply to such Secretary for re9 view of the decision within 30 days after it is made. 

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

11 of an administrative appeal, final decisions (except en12 forcement actions under section 506) shall be stayed. 

13 (2) The Secretary concerned shall provide an oppor14 tunity for a public hearing at the request of any party 

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

16 of an application for review under this subsection shall not 

17 operate as a stay of any order or notice issued under sec18 tion 506. 

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

20 the Secretary concerned shall make findings of fact and 

21 shall issue a written decision incorporating therein an 

22 order vacating, affirming, modifying, or terminating the 

23 notice, order, or decision, or with respect to an assess24 ment, the amount of penalty that is warranted. Where the 

25 application for review concerns a cessation order issued 


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1 under section 506 the Secretary concerned shall issue the 

2 written decision within 30 days of the receipt of the appli3 cation for review or within 30 days after the conclusion 

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

5 later, unless temporary relief has been granted by the Sec6 retary concerned under paragraph (4). 

7 (4) Pending completion of any review proceedings 

8 under this subsection, the applicant may file with the Sec9 retary, or for National Forest System lands the Secretary 

10 of Agriculture, a written request that the Secretary grant 

11 temporary relief from any order issued under section 506 

12 together with a detailed statement giving reasons for such 

13 relief. The Secretary concerned shall expeditiously issue 

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

15 Secretary concerned may grant such relief under such con16 ditions as he or she may prescribe only if such relief shall 

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

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

19 resources. 

20 (5) The availability of review under this subsection 

21 shall not be construed to limit the operation of rights 

22 under section 504 (relating to citizen suits). 

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

24 Secretaries of the Interior and Agriculture in promul25 gating regulations to implement this Act, or any other 


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1 final actions constituting rulemaking to implement this 

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

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

4 action subject to judicial review under this subsection shall 

5 be affirmed unless the court concludes that such action 

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

7 A petition for review of any action subject to judicial re8 view under this subsection shall be filed within 60 days 

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

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

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

12 commented or otherwise participated in the rulemaking or 

13 any person who may be adversely affected by the action 

14 of the Secretaries. 

15 (2) Final agency action under this subsection, includ16 ing such final action on those matters described under 

17 subsection (a), shall be subject to judicial review in accord18 ance with paragraph (4) and pursuant to section 1391 of 

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

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

21 review under this subsection shall be affirmed unless the 

22 court concludes that such action is arbitrary, capricious, 

23 or otherwise inconsistent with law. 

24 (3) The availability of judicial review established in 

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1 ations of rights under section 504 (relating to citizens 

2 suits). 

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

4 filed under this subsection solely on the record made be5 fore the Secretary or Secretaries concerned. The court 

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

7 the proceedings to the Secretary or Secretaries for such 

8 further action as it may direct. 

9 (5) The commencement of a proceeding under this 

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

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

12 Secretary or Secretaries concerned. 

13 (c) COSTS.—Whenever a proceeding occurs under 

14 subsection (a) or (b), at the request of any person, a sum 

15 equal to the aggregate amount of all costs and expenses 

16 (including attorney fees) as determined by the Secretary 

17 or Secretaries concerned or the court to have been reason18 ably incurred by such person for or in connection with par19 ticipation in such proceedings, including any judicial re20 view of the proceeding, may be assessed against either 

21 party as the court, in the case of judicial review, or the 

22 Secretary or Secretaries concerned in the case of adminis23 trative proceedings, deems proper if it is determined that 

24 such party prevailed in whole or in part, achieving some 

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1 stantial contribution to a full and fair determination of 

2 the issues. 

3 SEC. 506. ENFORCEMENT. 

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

5 Forest System lands the Secretary of Agriculture, or an 

6 authorized representative of such Secretary, determines 

7 that any person is in violation of any environmental pro8 tection requirement under title III or any regulation 

9 issued by the Secretaries to implement this Act, such Sec10 retary or authorized representative shall issue to such per11 son a notice of violation describing the violation and the 

12 corrective measures to be taken. The Secretary concerned, 

13 or the authorized representative of such Secretary, shall 

14 provide such person with a period of time not to exceed 

15 30 days to abate the violation. Such period of time may 

16 be extended by the Secretary concerned upon a showing 

17 of good cause by such person. If, upon the expiration of 

18 time provided for such abatement, the Secretary con19 cerned, or the authorized representative of such Secretary, 

20 finds that the violation has not been abated he or she shall 

21 immediately order a cessation of all mineral activities or 

22 the portion thereof relevant to the violation. 

23 (2) If the Secretary concerned, or the authorized rep24 resentative of the Secretary concerned, determines that 

25 any condition or practice exists, or that any person is in 


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1 violation of any requirement under a permit approved 

2 under this Act, and such condition, practice or violation 

3 is causing, or can reasonably be expected to cause— 

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

5 of the public; or 

6 (B) significant, imminent environmental harm 

7 to land, air, water, or fish or wildlife resources, 

8 such Secretary or authorized representative shall imme9 diately order a cessation of mineral activities or the por10 tion thereof relevant to the condition, practice, or viola11 tion. 

12 (3)(A) A cessation order pursuant to paragraph (1) 

13 or (2) shall remain in effect until such Secretary, or au14 thorized representative, determines that the condition, 

15 practice, or violation has been abated, or until modified, 

16 vacated or terminated by the Secretary or authorized rep17 resentative. In any such order, the Secretary or authorized 

18 representative shall determine the steps necessary to abate 

19 the violation in the most expeditious manner possible and 

20 shall include the necessary measures in the order. The 

21 Secretary concerned shall require appropriate financial as22 surances to ensure that the abatement obligations are met. 

23 (B) Any notice or order issued pursuant to paragraph 

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

25 Secretary concerned or an authorized representative of 


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1 such Secretary. Any person to whom any such notice or 

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

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

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

5 occurred, the Secretary concerned shall take such alter6 native enforcement action against the claim holder or op7 erator (or any person who controls the claim holder or op8 erator) as will most likely bring about abatement in the 

9 most expeditious manner possible. Such alternative en10 forcement action may include, but is not necessarily lim11 ited to, seeking appropriate injunctive relief to bring about 

12 abatement. Nothing in this paragraph shall preclude the 

13 Secretary, or for National Forest System lands the Sec14 retary of Agriculture, from taking alternative enforcement 

15 action prior to the expiration of 30 days. 

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

17 controls the claim holder or operator) fails to abate a vio18 lation or defaults on the terms of the permit, the Sec19 retary, or for National Forest System lands the Secretary 

20 of Agriculture, shall forfeit the financial assurance for the 

21 plan as necessary to ensure abatement and reclamation 

22 under this Act. The Secretary concerned may prescribe 

23 conditions under which a surety may perform reclamation 

24 in accordance with the approved plan in lieu of forfeiture. 


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

2 lands the Secretary of Agriculture, shall not cause for3 feiture of the financial assurance while administrative or 

4 judicial review is pending. 

5 (7) In the event of forfeiture, the claim holder, oper6 ator, or any affiliate thereof, as appropriate as determined 

7 by the Secretary by rule, shall be jointly and severally lia8 ble for any remaining reclamation obligations under this 

9 Act. 

10 (b) COMPLIANCE.—The Secretary, or for National 

11 Forest System lands the Secretary of Agriculture, may re12 quest the Attorney General to institute a civil action for 

13 relief, including a permanent or temporary injunction or 

14 restraining order, or any other appropriate enforcement 

15 order, including the imposition of civil penalties, in the dis16 trict court of the United States for the district in which 

17 the mineral activities are located whenever a person— 

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

19 order issued by the Secretary concerned under sub20 section (a); or 

21 (2) interferes with, hinders, or delays the Sec22 retary concerned in carrying out an inspection under 

23 section 503. 

24 Such court shall have jurisdiction to provide such relief 

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


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1 to enforce an order under paragraph (1) shall continue 

2 in effect until the completion or final termination of all 

3 proceedings for review of such order unless the district 

4 court granting such relief sets it aside. 

5 (c) DELEGATION.—Notwithstanding any other provi6 sion of law, the Secretary may utilize personnel of the Of7 fice of Surface Mining Reclamation and Enforcement to 

8 ensure compliance with the requirements of this Act. 

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

10 with any requirement of a permit approved under this Act 

11 or any regulation issued by the Secretaries to implement 

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

13 $25,000 per violation. Each day of violation may be 

14 deemed a separate violation for purposes of penalty assess15 ments. 

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

17 a cessation order has been issued under subsection (a) 

18 within the period permitted for its correction shall be as19 sessed a civil penalty of not less than $1,000 per violation 

20 for each day during which such failure continues. 

21 (3) Whenever a corporation is in violation of a re22 quirement of a permit approved under this Act or any reg23 ulation issued by the Secretaries to implement this Act 

24 or fails or refuses to comply with an order issued under 

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1 poration who knowingly authorized, ordered, or carried 

2 out such violation, failure, or refusal shall be subject to 

3 the same penalties as may be imposed upon the person 

4 referred to in paragraph (1). 

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

6 or for National Forest System lands the Secretary of Agri7 culture, shall suspend or revoke a permit issued under title 

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

9 (1) knowingly made or knowingly makes any 

10 false, inaccurate, or misleading material statement 

11 in any mining claim, notice of location, application, 

12 record, report, plan, or other document filed or re13 quired to be maintained under this Act; 

14 (2) fails to abate a violation covered by a ces15 sation order issued under subsection (a); 

16 (3) fails to comply with an order of the Sec17 retary concerned; 

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

19 Act; 

20 (5) fails to maintain an adequate financial as21 surance under section 306; 

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

23 moneys due and owing under this Act; or 

24 (7) with regard to plans conditionally approved 

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


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1 the satisfaction of the Secretary concerned, or if the 

2 validity of the violation is upheld on the appeal 

3 which formed the basis for the conditional approval. 

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

5 who knowingly— 

6 (1) makes any false material statement, rep7 resentation, or certification in, or omits or conceals 

8 material information from, or unlawfully alters, any 

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

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

11 be maintained under this Act; or 

12 (2) falsifies, tampers with, renders inaccurate, 

13 or fails to install any monitoring device or method 

14 required to be maintained under this Act, 

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

16 than $10,000, or by imprisonment for not more than 2 

17 years, or by both. If a conviction of a person is for a viola18 tion committed after a first conviction of such person 

19 under this subsection, punishment shall be by a fine of 

20 not more than $20,000 per day of violation, or by impris21 onment of not more than 4 years, or both. Each day of 

22 continuing violation may be deemed a separate violation 

23 for purposes of penalty assessments. 

24 (g) KNOWING VIOLATIONS.—Any person who know25 ingly— 


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1 (1) engages in mineral activities without a per2 mit required under title III; or 

3 (2) violates any other requirement of a permit 

4 issued under this Act, or any condition or limitation 

5 thereof, 

6 shall upon conviction be punished by a fine of not less 

7 than $5,000 nor more than $50,000 per day of violation, 

8 or by imprisonment for not more than 3 years, or both. 

9 If a conviction of a person is for a violation committed 

10 after the first conviction of such person under this sub11 section, punishment shall be a fine of not less than 

12 $10,000 per day of violation, or by imprisonment of not 

13 more than 6 years, or both. 

14 (h) KNOWING AND WILLFUL VIOLATIONS.—Any per15 son who knowingly and willfully commits an act for which 

16 a civil penalty is provided in paragraph (1) of subsection 

17 (g) shall, upon conviction, be punished by a fine of not 

18 more than $50,000, or by imprisonment for not more than 

19 2 years, or both. 

20 (i) DEFINITION.—For purposes of this section, the 

21 term ‘‘person’’ includes any officer, agent, or employee of 

22 a person. 

23 SEC. 507. REGULATIONS. 

24 The Secretary and the Secretary of Agriculture shall 

25 issue such regulations as are necessary to implement this 


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1 Act. The regulations implementing title II, title III, title 

2 IV, and title V that affect the Forest Service shall be joint 

3 regulations issued by both Secretaries, and shall be issued 

4 no later than 180 days after the date of enactment of this 

5 Act. 

6 SEC. 508. EFFECTIVE DATE. 

7 This Act shall take effect on the date of enactment 

8 of this Act, except as otherwise provided in this Act. 

9 Subtitle B—Miscellaneous 

10 Provisions 

11 SEC. 511. OIL SHALE CLAIMS. 

12 Section 2511(f) of the Energy Policy Act of 1992 (30 

13 U.S.C. 242(f) Public Law 102–486) is amended— 

14 (1) by striking ‘‘as prescribed by the Sec15 retary’’; and 

16 (2) by inserting before the period the following: 

17 ‘‘in the same manner as required by title II and title 

18 III of the Hardrock Mining Reform and Reclamation 

19 Act of 2015’’. 

20 SEC. 512. PURCHASING POWER ADJUSTMENT. 

21 The Secretary shall adjust all location fees, claim 

22 maintenance rates, penalty amounts, and other dollar 

23 amounts established in this Act for changes in the pur24 chasing power of the dollar no less frequently than every 

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1 ploying the Consumer Price Index for All-Urban Con2 sumers published by the Department of Labor as the basis 

3 for adjustment, and rounding according to the adjustment 

4 process of conditions of the Federal Civil Penalties Infla5 tion Adjustment Act of 1990 (104 Stat. 890). 

6 SEC. 513. SAVINGS CLAUSE. 

7 (a) SPECIAL APPLICATION OF MINING LAWS.—Noth8 ing in this Act shall be construed as repealing or modi9 fying any Federal law, regulation, order, or land use plan, 

10 in effect prior to the date of enactment of this Act that 

11 prohibits or restricts the application of the general mining 

12 laws, including laws that provide for special management 

13 criteria for operations under the general mining laws as 

14 in effect prior to the date of enactment of this Act, to 

15 the extent such laws provide for protection of natural and 

16 cultural resources and the environment greater than re17 quired under this Act, and any such prior law shall remain 

18 in force and effect with respect to claims located (or pro19 posed to be located) or converted under this Act. Nothing 

20 in this Act shall be construed as applying to or limiting 

21 mineral investigations, studies, or other mineral activities 

22 conducted by any Federal or State agency acting in its 

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1 sive Environmental Response, Compensation, and Liabil2 ity Act of 1980 (42 U.S.C. 9601 et seq.), or the Solid 

3 Waste Disposal Act (42 U.S.C. 3251 et seq.). 

4 (b) EFFECT ON OTHER FEDERAL LAWS.—The provi5 sions of this Act shall supersede the general mining laws, 

6 except for those parts of the general mining laws respect7 ing location of mining claims that are not expressly modi8 fied by this Act. Except for the general mining laws, noth9 ing in this Act shall be construed as superseding, modi10 fying, amending, or repealing any provision of Federal law 

11 not expressly superseded, modified, amended, or repealed 

12 by this Act. Nothing in this Act shall be construed as al13 tering, affecting, amending, modifying, or changing, di14 rectly or indirectly, any law which refers to and provides 

15 authorities or responsibilities for, or is administered by, 

16 the Environmental Protection Agency or the Adminis17 trator of the Environmental Protection Agency, including 

18 the Federal Water Pollution Control Act, title XIV of the 

19 Public Health Service Act (the Safe Drinking Water Act), 

20 the Clean Air Act, the Pollution Prevention Act of 1990, 

21 the Toxic Substances Control Act, the Federal Insecticide, 

22 Fungicide, and Rodenticide Act, the Federal Food, Drug, 

23 and Cosmetic Act, the Motor Vehicle Information and 

24 Cost Savings Act, the Federal Hazardous Substances Act, 

25 the Endangered Species Act of 1973, the Atomic Energy 


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1 Act, the Noise Control Act of 1972, the Solid Waste Dis2 posal Act, the Comprehensive Environmental Response, 

3 Compensation, and Liability Act of 1980, the Superfund 

4 Amendments and Reauthorization Act of 1986, the Ocean 

5 Dumping Act, the Environmental Research, Development, 

6 and Demonstration Authorization Act, the Pollution Pros7 ecution Act of 1990, and the Federal Facilities Compli8 ance Act of 1992, or any statute containing an amend9 ment to any of such Acts. Nothing in this Act shall be 

10 construed as modifying or affecting any provision of the 

11 Native American Graves Protection and Repatriation Act 

12 (Public Law 101–601) or any provision of the American 

13 Indian Religious Freedom Act (42 U.S.C. 1996), the Na14 tional Historic Preservation Act (16 U.S.C. 470 et seq.), 

15 and the Religious Freedom Restoration Act of 1993 (42 

16 U.S.C. 2000bb et seq.). 

17 (c) PROTECTION OF CONSERVATION AREAS.—In 

18 order to protect the resources and values of National Con19 servation System units, the Secretary, as appropriate, 

20 shall utilize authority under this Act and other applicable 

21 law to the fullest extent necessary to prevent mineral ac22 tivities that could have an adverse impact on the resources 

23 or values for which such units were established. 


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1 (d) SOVEREIGN IMMUNITY OF INDIAN TRIBES.— 

2 Nothing in this section shall be construed so as to waive 

3 the sovereign immunity of any Indian tribe. 

4 SEC. 514. AVAILABILITY OF PUBLIC RECORDS. 

5 Copies of records, reports, inspection materials, or in6 formation obtained by the Secretary or the Secretary of 

7 Agriculture under this Act shall be made immediately 

8 available to the public, consistent with section 552 of title 

9 5, United States Code, in central and sufficient locations 

10 in the county, multicounty, and State area of mineral ac11 tivity or reclamation so that such items are conveniently 

12 available to residents in the area proposed or approved for 

13 mineral activities and on the Internet. 

14 SEC. 515. MISCELLANEOUS POWERS. 

15 (a) IN GENERAL.—In carrying out his or her duties 

16 under this Act, the Secretary, or for National Forest Sys17 tem lands the Secretary of Agriculture, may conduct any 

18 investigation, inspection, or other inquiry necessary and 

19 appropriate and may conduct, after notice, any hearing 

20 or audit, necessary and appropriate to carrying out his 

21 or her duties. 

22 (b) ANCILLARY POWERS.—In connection with any 

23 hearing, inquiry, investigation, or audit under this Act, the 

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1 retary of Agriculture, is authorized to take any of the fol2 lowing actions: 

3 (1) Require, by special or general order, any 

4 person to submit in writing such affidavits and an5 swers to questions as the Secretary concerned may 

6 reasonably prescribe, which submission shall be 

7 made within such reasonable period and under oath 

8 or otherwise, as may be necessary. 

9 (2) Administer oaths. 

10 (3) Require by subpoena the attendance and 

11 testimony of witnesses and the production of all 

12 books, papers, records, documents, matter, and ma13 terials, as such Secretary may request. 

14 (4) Order testimony to be taken by deposition 

15 before any person who is designated by such Sec16 retary and who has the power to administer oaths, 

17 and to compel testimony and the production of evi18 dence in the same manner as authorized under para19 graph (3) of this subsection. 

20 (5) Pay witnesses the same fees and mileage as 

21 are paid in like circumstances in the courts of the 

22 United States. 

23 (c) ENFORCEMENT.—In cases of refusal to obey a 

24 subpoena served upon any person under this section, the 

25 district court of the United States for any district in which 


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1 such person is found, resides, or transacts business, upon 

2 application by the Attorney General at the request of the 

3 Secretary concerned and after notice to such person, shall 

4 have jurisdiction to issue an order requiring such person 

5 to appear and produce documents before the Secretary 

6 concerned. Any failure to obey such order of the court may 

7 be punished by such court as contempt thereof and subject 

8 to a penalty of up to $10,000 a day. 

9 (d) ENTRY AND ACCESS.—Without advance notice 

10 and upon presentation of appropriate credentials, the Sec11 retary, or for National Forest System lands the Secretary 

12 of Agriculture, or any authorized representative thereof— 

13 (1) shall have the right of entry to, upon, or 

14 through the site of any claim, mineral activities, or 

15 any premises in which any records required to be 

16 maintained under this Act are located; 

17 (2) may at reasonable times, and without delay, 

18 have access to records, inspect any monitoring 

19 equipment, or review any method of operation re20 quired under this Act; 

21 (3) may engage in any work and do all things 

22 necessary or expedient to implement and administer 

23 the provisions of this Act; 

24 (4) may, on any mining claim located under the 

25 general mining laws and maintained in compliance 


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1 with this Act, and without advance notice, stop and 

2 inspect any motorized form of transportation that 

3 such Secretary has probable cause to believe is car4 rying locatable minerals, concentrates, or products 

5 derived therefrom from a claim site for the purpose 

6 of determining whether the operator of such vehicle 

7 has documentation related to such locatable min8 erals, concentrates, or products derived therefrom as 

9 required by law, if such documentation is required 

10 under this Act; and 

11 (5) may, if accompanied by any appropriate law 

12 enforcement officer, or an appropriate law enforce13 ment officer alone, stop and inspect any motorized 

14 form of transportation which is not on a claim site 

15 if he or she has probable cause to believe such vehi16 cle is carrying locatable minerals, concentrates, or 

17 products derived therefrom from a claim site on 

18 Federal lands or allocated to such claim site. Such 

19 inspection shall be for the purpose of determining 

20 whether the operator of such vehicle has the docu21 mentation required by law, if such documentation is 

22 required under this Act. 


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1 SEC. 516. MULTIPLE MINERAL DEVELOPMENT AND SUR2 FACE RESOURCES. 

3 The provisions of sections 4 and 6 of the Act of Au4 gust 13, 1954 (30 U.S.C. 524 and 526), commonly known 

5 as the Multiple Minerals Development Act, and the provi6 sions of section 4 of the Act of July 23, 1955 (30 U.S.C. 

7 612), shall apply to all mining claims located under the 

8 general mining laws and maintained in compliance with 

9 such laws and this Act. 

10 SEC. 517. MINERAL MATERIALS. 

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

12 23, 1955 (30 U.S.C. 611), is amended— 

13 (1) by inserting ‘‘(a)’’ before the first sentence; 

14 (2) by inserting ‘‘mineral materials, including 

15 but not limited to’’ after ‘‘varieties of’’ in the first 

16 sentence; 

17 (3) by striking ‘‘or cinders’’ and inserting in 

18 lieu thereof ‘‘cinders, and clay’’; and 

19 (4) by adding the following new subsection at 

20 the end thereof: 

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

22 of enactment of the Hardrock Mining Reform and Rec23 lamation Act of 2015, notwithstanding the reference to 

24 common varieties in subsection (a) and to the exception 

25 to such term relating to a deposit of materials with some 

26 property giving it distinct and special value, all deposits 


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1 of mineral materials referred to in such subsection, includ2 ing the block pumice referred to in such subsection, shall 

3 be subject to disposal only under the terms and conditions 

4 of the Materials Act of 1947. 

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

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

7 such mineral material— 

8 ‘‘(A) had and still has some property giving it 

9 the distinct and special value referred to in sub10 section (a), or as the case may be, met the definition 

11 of block pumice referred to in such subsection; 

12 ‘‘(B) was properly located and maintained 

13 under the general mining laws prior to the date of 

14 enactment of the Hardrock Mining Reform and Rec15 lamation Act of 2015; 

16 ‘‘(C) was supported by a discovery of a valuable 

17 mineral deposit within the meaning of the general 

18 mining laws as in effect immediately prior to the 

19 date of enactment of the Hardrock Mining Reform 

20 and Reclamation Act of 2015; and 

21 ‘‘(D) that such claim continues to be valid 

22 under this Act.’’. 

23 (b) MINERAL MATERIALS DISPOSAL CLARIFICA24 TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C. 

25 612), is amended— 


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1 (1) in subsection (b) by inserting ‘‘and mineral 

2 material’’ after ‘‘vegetative’’; and 

3 (2) in subsection (c) by inserting ‘‘and mineral 

4 material’’ after ‘‘vegetative’’. 

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

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

7 disposal of materials on the public lands of the United 

8 States’’ (30 U.S.C. 601 et seq.) is amended by striking 

9 ‘‘common varieties of’’ in the first sentence. 

10 (d) SHORT TITLES.— 

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

12 23, 1955, is amended by inserting after section 7 

13 the following new section: 

14 ‘‘SEC. 8. This Act may be cited as the ‘Surface Re15 sources Act of 1955’.’’. 

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

17 1947, entitled ‘‘An Act to provide for the disposal of 

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

19 (30 U.S.C. 601 et seq.) is amended by inserting 

20 after section 4 the following new section: 

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

22 of 1947’.’’. 

23 (e) REPEALS.—(1) Subject to valid existing rights, 

24 the Act of August 4, 1892 (chapter 375; 27 Stat. 348; 


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1 30 U.S.C. 161), commonly known as the Building Stone 

2 Act, is hereby repealed. 

3 (2) Subject to valid existing rights, the Act of Janu4 ary 31, 1901 (chapter 186; 31 Stat. 745; 30 U.S.C. 162), 

5 commonly known as the Saline Placer Act, is hereby re6 pealed. 

7 TITLE VI—GOOD SAMARITAN 

8 CLEANUP OF ABANDONED 

9 HARDROCK MINES 

10 SEC. 601. SHORT TITLE. 

11 This title may be cited as the ‘‘Good Samaritan 

12 Cleanup of Abandoned Hardrock Mines Act of 2015’’. 

13 SEC. 602. FINDINGS; PURPOSES. 

14 (a) FINDINGS.—Congress finds that— 

15 (1) the Federal Government and State govern16 ments have encouraged hardrock mining in the 

17 United States through a wide variety of laws, poli18 cies, and actions; 

19 (2) mining operations produce metals and min20 erals that have important social benefits and values; 

21 (3) many areas in the United States at which 

22 historic mining operations took place are now the lo23 cations of inactive and abandoned mine sites; 

24 (4) the mining activities that took place prior to 

25 the enactment of modern environmental laws often 


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1 disturbed public and private land, and those disturb2 ances led to environmental pollution, including the 

3 discharge of pollutants into surface water and 

4 groundwater; 

5 (5) many of the individuals and corporate own6 ers and operators of mines the actions of which 

7 caused the pollution described in paragraph (4) are 

8 no longer alive or in existence; 

9 (6) many of the historic mining sites have pol10 luted the environment for more than a century and, 

11 unless remedied, will continue to do so indefinitely; 

12 (7) unabated discharges from inactive and 

13 abandoned mines will continue to pollute surface 

14 water, groundwater, and soils; 

15 (8) many of the streams and water bodies im16 pacted by acid mine drainage are important re17 sources for fish and wildlife, recreation, drinking 

18 water, agriculture, and other public purposes; 

19 (9) some of the remaining owners and operators 

20 of historic mine sites do not have adequate resources 

21 to properly conduct the remediation of the mine sites 

22 under applicable environmental laws; 

23 (10) from time to time, States, individuals, and 

24 companies are willing to remediate historic mine 

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1 spite the fact that those States, individuals, and 

2 companies are not legally required to do so; 

3 (11) Good Samaritan remediation activities 

4 may— 

5 (A) vary in size and complexity; 

6 (B) reflect a myriad of methods by which 

7 mine residue may be cleaned up; and 

8 (C) include, among other activities— 

9 (i) the removal, relocation, or manage10 ment of tailings or other waste piles; 

11 (ii) passive or active water treatment; 

12 and 

13 (iii) runoff or runon controls; 

14 (12) the potential obligations, requirements, 

15 and liabilities under the Federal Water Pollution 

16 Control Act (33 U.S.C. 1251 et seq.) that may at17 tach to Good Samaritans as the result of the con18 duct by the Good Samaritans of remediation activi19 ties can dissuade potential Good Samaritans from 

20 acting for the public good; 

21 (13) it is in the interest of the United States, 

22 the States, and local communities to remediate his23 toric mine sites— 

24 (A) in appropriate circumstances and to 

25 the maximum extent practicable; and 


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1 (B) so that the detrimental environmental 

2 impacts of the historic mine sites are lessened 

3 in the future; and 

4 (14) if appropriate protections are provided to 

5 Good Samaritans, Good Samaritans will have a 

6 greater incentive to remediate historic mine sites for 

7 the public good. 

8 (b) PURPOSES.—The purposes of this title are— 

9 (1) to encourage the partial or complete remedi10 ation of inactive and abandoned mine sites for the 

11 public good by individuals or entities that are not le12 gally responsible for the remediation; 

13 (2) to allow any individual or entity not legally 

14 responsible for environmental conditions relating to 

15 an inactive or abandoned mine site— 

16 (A) to make further progress toward the 

17 goal of meeting water quality standards in all 

18 water of the United States; and 

19 (B) to improve other environmental media 

20 affected by past mining activities at the inactive 

21 or abandoned mine site without incurring any 

22 obligation or liability with respect to the Fed23 eral Water Pollution Control Act (33 U.S.C. 

24 1251 et seq.); 


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1 (3) to ensure that remediation activities per2 formed by Good Samaritans— 

3 (A) result in actual and significant envi4 ronmental benefits; and 

5 (B) are carried out— 

6 (i) with the approval and agreement, 

7 and at the discretion, of affected Federal, 

8 State, and tribal authorities; 

9 (ii) in a manner that enables the pub10 lic to conduct a review of, and submit com11 ments relating to, the remediation activi12 ties; and 

13 (iii) in a manner that is beneficial to 

14 the environment and each community af15 fected by the remediation activities; and 

16 (4) to further the innovations of, and coopera17 tion among, the Federal Government, State and 

18 tribal governments, private individuals, and corpora19 tions to accelerate efforts relating to conservation 

20 and environmental restoration. 

21 SEC. 603. SCOPE. 

22 Nothing in this title (or an amendment made by this 

23 title)— 

24 (1) reduces any existing liability; or 


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1 (2) facilitates the conduct of any mining or 

2 processing other than the conduct of any mining or 

3 processing that is required for the remediation of 

4 historic mine residue for the public good. 

5 SEC. 604. GOOD SAMARITAN DISCHARGE PERMITS. 

6 Section 402 of the Federal Water Pollution Control 

7 Act (33 U.S.C. 1342) is amended by adding at the end 

8 the following: 

9 ‘‘(s) GOOD SAMARITAN DISCHARGE PERMITS.— 

10 ‘‘(1) DEFINITIONS.—In this subsection: 

11 ‘‘(A) COOPERATING PERSON.— 

12 ‘‘(i) IN GENERAL.—The term ‘cooper13 ating person’ means any person that— 

14 ‘‘(I) is a Good Samaritan; 

15 ‘‘(II) assists a permittee in the 

16 remediation of an inactive or aban17 doned mine site; and 

18 ‘‘(III) is identified in a Good Sa19 maritan discharge permit issued 

20 under paragraph (2). 

21 ‘‘(ii) INCLUSION.—The term ‘cooper22 ating person’ includes the Federal Govern23 ment. 

24 ‘‘(B) ELIGIBLE APPLICANT.—The term ‘el25 igible applicant’ means a person that— 


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1 ‘‘(i) is a Good Samaritan; and 

2 ‘‘(ii) proposes a project, the purpose 

3 of which is to remediate, in whole or in 

4 part, actual or threatened pollution caused 

5 by historic mine residue at an inactive or 

6 abandoned mine site. 

7 ‘‘(C) GOOD SAMARITAN.—The term ‘Good 

8 Samaritan’ means a person that, with respect 

9 to historic mine residue at an inactive or aban10 doned mine site— 

11 ‘‘(i) had no role in the creation of the 

12 historic mine residue; 

13 ‘‘(ii) had no role in creating any envi14 ronmental pollution caused by the historic 

15 mine residue; and 

16 ‘‘(iii) is not liable under any Federal, 

17 State, tribal, or local law for the remedi18 ation of the historic mine residue. 

19 ‘‘(D) HISTORIC MINE RESIDUE.— 

20 ‘‘(i) IN GENERAL.—The term ‘historic 

21 mine residue’ means mine residue or any 

22 condition resulting from activities at an in23 active or abandoned mine site prior to Oc24 tober 18, 1972, that— 


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1 ‘‘(I) causes or contributes to the 

2 actual or threatened discharge of pol3 lutants from the inactive or aban4 doned mine site; or 

5 ‘‘(II) otherwise pollutes the envi6 ronment. 

7 ‘‘(ii) INCLUSIONS.—The term ‘historic 

8 mine residue’ includes— 

9 ‘‘(I) ores and minerals that— 

10 ‘‘(aa) were mined during the 

11 active operation of an inactive or 

12 abandoned mine site; and 

13 ‘‘(bb) contribute to acid 

14 mine drainage or other environ15 mental pollution; 

16 ‘‘(II) equipment (including mate17 rials in equipment); 

18 ‘‘(III) any waste or material re19 sulting from any extraction, 

20 beneficiation, or other processing ac21 tivity that occurred during the active 

22 operation of an inactive or abandoned 

23 mine site; and 

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1 water that originates from an inactive 

2 or abandoned mine site. 

3 ‘‘(E) IDENTIFIABLE OWNER OR OPER4 ATOR.—The term ‘identifiable owner or oper5 ator’ means a person that is— 

6 ‘‘(i) legally responsible under section 

7 301 for a discharge that originates from 

8 an inactive or abandoned mine site; and 

9 ‘‘(ii) financially capable of complying 

10 with each requirement described in this 

11 section and section 301. 

12 ‘‘(F) INACTIVE OR ABANDONED MINE

13 SITE.— 

14 ‘‘(i) IN GENERAL.—The term ‘inactive 

15 or abandoned mine site’ means a mine site 

16 (including associated facilities) that— 

17 ‘‘(I) is located in the United 

18 States; 

19 ‘‘(II) was used for the production 

20 of a mineral other than coal; 

21 ‘‘(III) has historic mine residue; 

22 and 

23 ‘‘(IV) is no longer actively mined 

24 on the date on which an eligible appli25 cant submits to a permitting authority 


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1 a remediation plan relating to an ap2 plication for a Good Samaritan dis3 charge permit under paragraph (3)(B) 

4 for the remediation of the mine site. 

5 ‘‘(ii) EXCLUSIONS.—The term ‘inac6 tive or abandoned mine site’ does not in7 clude a mine site (including associated fa8 cilities) that is— 

9 ‘‘(I) in a temporary shutdown; 

10 ‘‘(II) included on the National 

11 Priorities List developed by the Presi12 dent in accordance with section 

13 105(a)(8)(B) of the Comprehensive 

14 Environmental Response, Compensa15 tion, and Liability Act of 1980 (42 

16 U.S.C. 9605(a)(8)(B)); or 

17 ‘‘(III) the subject of an ongoing 

18 or planned remedial action carried out 

19 in accordance with the Comprehensive 

20 Environmental Response, Compensa21 tion, and Liability Act of 1980 (42 

22 U.S.C. 9601 et seq.). 

23 ‘‘(G) INDIAN TRIBE.—The term ‘Indian 

24 tribe’ has the meaning given the term in section 


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1 4 of the Indian Self-Determination and Edu2 cation Assistance Act (25 U.S.C. 450b). 

3 ‘‘(H) PERMITTEE.—The term ‘permittee’ 

4 means a person that is issued a Good Samari5 tan discharge permit under this subsection. 

6 ‘‘(I) PERMITTING AUTHORITY.— 

7 ‘‘(i) IN GENERAL.—Except as pro8 vided in clause (ii), the term ‘permitting 

9 authority’ means the Administrator. 

10 ‘‘(ii) EXCEPTION.—In the case of a 

11 State or Indian tribe with an approved 

12 permitting program under paragraph 

13 (2)(B), the term ‘permitting authority’ 

14 means the head of the permitting program 

15 of the State or Indian tribe. 

16 ‘‘(J) PERSON.—The term ‘person’ in17 cludes— 

18 ‘‘(i) an individual; 

19 ‘‘(ii) a firm; 

20 ‘‘(iii) a corporation; 

21 ‘‘(iv) an association; 

22 ‘‘(v) a partnership; 

23 ‘‘(vi) a consortium; 

24 ‘‘(vii) a joint venture; 

25 ‘‘(viii) a commercial entity; 


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1 ‘‘(ix) a nonprofit organization; 

2 ‘‘(x) the Federal Government; 

3 ‘‘(xi) a State (including a political 

4 subdivision of a State); 

5 ‘‘(xii) an interstate entity; 

6 ‘‘(xiii) a commission; and 

7 ‘‘(xiv) an Indian tribe. 

8 ‘‘(2) GOOD SAMARITAN DISCHARGE PERMITS.— 

9 ‘‘(A) IN GENERAL.—A permitting author10 ity may issue a Good Samaritan discharge per11 mit to an eligible applicant in concurrence, if 

12 applicable, with— 

13 ‘‘(i) the State in which the proposed 

14 inactive or abandoned mine site remedi15 ation project is located; or 

16 ‘‘(ii) the Federal agency or Indian 

17 tribe that owns or has jurisdiction over the 

18 site at which the proposed inactive or 

19 abandoned mine site remediation project is 

20 located. 

21 ‘‘(B) STATE OR TRIBAL PROGRAMS.—The 

22 Administrator shall approve a State or tribal 

23 program for the issuance of Good Samaritan 

24 discharge permits if— 


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1 ‘‘(i) the State or Indian tribe has, as 

2 of the date of enactment of this subsection, 

3 authority to issue a permit under sub4 section (b); and 

5 ‘‘(ii) the State or Indian tribe re6 quests such authority. 

7 ‘‘(3) PERMIT PROCESS.— 

8 ‘‘(A) SCOPE.—An eligible applicant may 

9 apply for a Good Samaritan discharge permit to 

10 conduct remediation activities at any inactive or 

11 abandoned mine site from which there is, or 

12 may be, a discharge or a threatened discharge 

13 of pollutants into any water of the United 

14 States. 

15 ‘‘(B) REMEDIATION PLAN.—To apply for a 

16 Good Samaritan discharge permit under sub17 paragraph (A), an eligible applicant shall sub18 mit to the permitting authority an application 

19 that contains a remediation plan that, to the 

20 extent known by the eligible applicant as of the 

21 date on which the application is submitted, con22 tains— 

23 ‘‘(i) an identification of— 


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1 ‘‘(I) the eligible applicant (includ2 ing any cooperating person) with re3 spect to the remediation plan; 

4 ‘‘(II) the mine site that is the 

5 subject of the remediation plan (in6 cluding such documentation as the 

7 permitting authority determines to be 

8 sufficient to demonstrate to the per9 mitting authority that the mine site is 

10 an inactive or abandoned mine site); 

11 and 

12 ‘‘(III) each body of water of the 

13 United States that is affected by ac14 tual or threatened discharges from the 

15 inactive or abandoned mine site; 

16 ‘‘(ii) a description of— 

17 ‘‘(I) the baseline conditions of 

18 each body of water described in clause 

19 (i)(III) as of the date on which the el20 igible applicant submits the applica21 tion, including— 

22 ‘‘(aa) the nature and extent 

23 of any adverse impact on the 

24 quality of each body of water 

25 caused by the drainage of historic 


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1 mine residue or other discharges 

2 from the inactive or abandoned 

3 mine site; and 

4 ‘‘(bb) as applicable, the level 

5 of any pollutant in each body of 

6 water that has resulted in an ad7 verse impact described in item 

8 (aa); 

9 ‘‘(II) the conditions of the inac10 tive or abandoned mine site that cause 

11 adverse impacts to the quality of each 

12 body of water described in clause 

13 (i)(III); 

14 ‘‘(III) the reasonable efforts 

15 taken by the eligible applicant to iden16 tify identifiable owners or operators of 

17 the inactive or abandoned mine site 

18 that is the subject of the application; 

19 ‘‘(IV) each remediation goal and 

20 objective proposed by the eligible ap21 plicant, including— 

22 ‘‘(aa) each pollutant to be 

23 addressed by the remediation 

24 plan; and 


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1 ‘‘(bb) each action that the 

2 eligible applicant proposes to 

3 take that, to the maximum extent 

4 reasonable and practicable under 

5 the circumstances, will assist in 

6 the attainment of each applicable 

7 water quality standard; 

8 ‘‘(V) the practices (including a 

9 schedule and estimated completion 

10 date for the implementation of each 

11 practice) that are proposed by the eli12 gible applicant to meet each remedi13 ation goal and objective described in 

14 subclause (IV), including— 

15 ‘‘(aa) in the case of a new 

16 remediation project, the prelimi17 nary system design and construc18 tion, operation, and maintenance 

19 plans relating to the new remedi20 ation project; and 

21 ‘‘(bb) in the case of an exist22 ing remediation project, available 

23 system design and construction, 

24 operation, and maintenance plans 

25 and any planned improvements 


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1 with respect to the existing reme2 diation project; 

3 ‘‘(VI) any proposed recycling or 

4 reprocessing of historic mine residue 

5 to be conducted by the eligible appli6 cant (including a description of how 

7 each proposed recycling or reprocess8 ing activity relates to the remediation 

9 of an inactive or abandoned mine 

10 site); 

11 ‘‘(VII) the monitoring or other 

12 forms of assessment that will be un13 dertaken by the eligible applicant to 

14 evaluate the success of the practices 

15 described in subclause (V) during and 

16 after the implementation of the reme17 diation plan, with respect to the base18 line conditions; 

19 ‘‘(VIII) each contingency plan 

20 that is designed for responding to un21 planned adverse events (including the 

22 practices to be implemented to achieve 

23 each remediation goal and objective 

24 described in subclause (IV)); 


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1 ‘‘(IX) the legal authority of the 

2 eligible applicant to enter, and con3 duct activities at, the inactive or 

4 abandoned mine site that is the sub5 ject of the remediation plan; and 

6 ‘‘(X) any public outreach activity 

7 to be conducted by the eligible appli8 cant; 

9 ‘‘(iii) an explanation of the manner by 

10 which the practices described in clause 

11 (ii)(V) are expected to achieve each reme12 diation goal and objective described in 

13 clause (ii)(IV); 

14 ‘‘(iv) a schedule for the periodic re15 porting by the eligible applicant with re16 spect to any progress in implementing the 

17 remediation plan; 

18 ‘‘(v) a budget for the remediation plan 

19 that includes a description of each funding 

20 source that will support the implementa21 tion of the remediation plan, including— 

22 ‘‘(I) each practice described in 

23 clause (ii)(VIII); 

24 ‘‘(II) each action described in 

25 clause (ii)(IV)(bb); and 


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1 ‘‘(III) each monitoring or other 

2 appropriate activity described in 

3 clause (ii)(VII); and 

4 ‘‘(vi) any other additional information 

5 requested by the Administrator to clarify 

6 the remediation plan and each proposed 

7 activity covered by the remediation plan. 

8 ‘‘(C) CERTIFICATION OF PLAN.—An appli9 cation for a Good Samaritan discharge permit 

10 submitted by an eligible applicant to a permit11 ting authority under subparagraph (B) shall be 

12 signed and certified in a manner consistent with 

13 section 122.22 of title 40, Code of Federal Reg14 ulations. 

15 ‘‘(D) INVESTIGATIVE MEASURES.— 

16 ‘‘(i) IN GENERAL.—A Good Samari17 tan discharge permit may include a pro18 gram of investigative measures to be com19 pleted prior to the remediation of the inac20 tive or abandoned mine site that is the 

21 subject of the permit if the permitting au22 thority, upon the receipt of the application 

23 of an eligible applicant for a Good Samari24 tan discharge permit, determines the proVerDate Sep 11 2014 00:29 Feb 26, 2015 Jkt 049200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H963.IH H963

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1 gram of investigative measures to be ap2 propriate. 

3 ‘‘(ii) PROGRAM REQUIREMENTS.—Any 

4 water sampling included in the program of 

5 investigative measures described in clause 

6 (i) shall be conducted by an eligible appli7 cant in accordance with any applicable 

8 method described in part 136 of title 40, 

9 Code of Federal Regulations. 

10 ‘‘(iii) REQUIREMENTS RELATING TO

11 SAMPLES.—In conducting a program of in12 vestigative measures described in clause 

13 (i), an eligible applicant shall— 

14 ‘‘(I) ensure that each sample col15 lected under the program is represent16 ative of the conditions present at the 

17 inactive or abandoned mine site that 

18 is the subject of the program; and 

19 ‘‘(II) retain records of all sam20 pling events for a period of not less 

21 than 3 years. 

22 ‘‘(iv) INITIAL PLAN.— 

23 ‘‘(I) IN GENERAL.—If an eligible 

24 applicant proposes to conduct a pro25 gram of investigative measures, the elVerDate Sep 11 2014 00:29 Feb 26, 2015 Jkt 049200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H963.IH H963

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1 igible applicant shall submit to the 

2 permitting authority a plan that con3 tains, to the extent known by the eli4 gible applicant as of the date on which 

5 the eligible applicant submits the ap6 plication— 

7 ‘‘(aa) each description re8 quired under subclauses (I), (II), 

9 and (IV) through (VIII) of sub10 paragraph (B)(ii); 

11 ‘‘(bb) the explanation re12 quired under subparagraph 

13 (B)(iii); 

14 ‘‘(cc) the schedule required 

15 under subparagraph (B)(iv); and 

16 ‘‘(dd) the budget required 

17 under subparagraph (B)(v). 

18 ‘‘(II) RESPONSIBILITY TO SUP19 PLEMENT DESCRIPTIONS.—An eligible 

20 applicant that conducts a program of 

21 investigative measures shall, based on 

22 the results of the program, supple23 ment each item described in subclause 

24 (I), as necessary. 


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1 ‘‘(v) REPORT OF RESULTS.—The re2 sults of the program of investigative meas3 ures shall be— 

4 ‘‘(I) detailed in a report for the 

5 permitting agency; and 

6 ‘‘(II) made available by the appli7 cant to any member of the public that 

8 requests the report. 

9 ‘‘(vi) PERMIT MODIFICATION.—Based 

10 upon the results of the investigative meas11 ures, a Good Samaritan discharge permit 

12 may be modified pursuant to the permit 

13 procedures described in this subsection. 

14 ‘‘(vii) OPTION TO DECLINE REMEDI15 ATION.—A Good Samaritan discharge per16 mit may allow the permittee to decline to 

17 undertake remediation based on the results 

18 of the investigative sampling program, if— 

19 ‘‘(I) the program of investigative 

20 measures is authorized under this 

21 subparagraph; and 

22 ‘‘(II) the activities under the pro23 gram of investigative measures have 

24 not resulted in surface water quality 

25 conditions, taken as a whole, that are 


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1 worse than the baseline condition of 

2 bodies of water described in subpara3 graph (B)(ii)(I). 

4 ‘‘(E) REVIEW OF APPLICATION.— 

5 ‘‘(i) INITIAL REVIEW.—The permit6 ting authority shall— 

7 ‘‘(I) review each application sub8 mitted by an eligible applicant for a 

9 Good Samaritan discharge permit; 

10 ‘‘(II) provide to the public, with 

11 respect to the Good Samaritan dis12 charge permit— 

13 ‘‘(aa) notice and a reason14 able opportunity to comment; 

15 and 

16 ‘‘(bb) a public hearing; 

17 ‘‘(III) if the Administrator is the 

18 permitting authority, provide a copy 

19 of the application to each affected 

20 State, Indian tribe, and other Federal 

21 agency; and 

22 ‘‘(IV) determine whether the ap23 plication for the Good Samaritan dis24 charge permit meets each requirement 

25 described in subparagraph (B). 


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1 ‘‘(ii) REQUIREMENTS NOT MET.—If 

2 the permitting authority determines that 

3 an application for a Good Samaritan dis4 charge permit does not meet each require5 ment described in subparagraph (B), the 

6 permitting authority shall— 

7 ‘‘(I) notify the eligible applicant 

8 that the application is disapproved 

9 and explain the reasons for the dis10 approval; and 

11 ‘‘(II) allow the eligible applicant 

12 to submit a revised application. 

13 ‘‘(iii) REQUIREMENTS MET.—If the 

14 permitting authority determines that an 

15 application for a Good Samaritan dis16 charge permit meets each requirement de17 scribed in subparagraph (B), the permit18 ting authority shall notify the eligible ap19 plicant that the application is accepted. 

20 ‘‘(F) PERMIT ISSUANCE.—After notice and 

21 opportunity for public comment with respect to 

22 a Good Samaritan discharge permit proposed 

23 by a permitting authority to be issued under 

24 this subsection (including any additional re25 quirement that the permitting authority deterVerDate Sep 11 2014 00:29 Feb 26, 2015 Jkt 049200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H963.IH H963

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1 mines would facilitate the implementation of 

2 this subsection), the permitting authority may 

3 issue a permit to an eligible applicant if— 

4 ‘‘(i) the permitting authority deter5 mines that— 

6 ‘‘(I) relative to the resources 

7 identified by the eligible applicant for 

8 funding the proposed remediation ac9 tivity, the eligible applicant has made 

10 a reasonable effort to identify identifi11 able owners or operators under sub12 paragraph (B)(ii)(III); 

13 ‘‘(II) no identifiable owner or op14 erator exists (except, with respect to 

15 Federal land, where the only identifi16 able owner or operator is the Federal 

17 Government); 

18 ‘‘(III) taking into consideration 

19 each funding source (including the 

20 amount of each funding source) iden21 tified by the eligible applicant for the 

22 proposed remediation activity in ac23 cordance with subparagraph (B)(v), 

24 the remediation plan of the eligible 

25 applicant demonstrates that the imVerDate Sep 11 2014 00:29 Feb 26, 2015 Jkt 049200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H963.IH H963

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1 plementation of the remediation plan 

2 will— 

3 ‘‘(aa) assist in the attain4 ment of applicable water quality 

5 standards to the extent reason6 able and practicable under the 

7 circumstances; and 

8 ‘‘(bb) not result in water 

9 quality that is worse than the 

10 baseline water condition de11 scribed in subparagraph 

12 (B)(ii)(I); 

13 ‘‘(IV) the eligible applicant has 

14 provided adequate evidence of finan15 cial resources that will enable the eli16 gible applicant to complete the pro17 posed project of the eligible applicant; 

18 and 

19 ‘‘(V) the proposed project of the 

20 eligible applicant meets the require21 ments of this section; 

22 ‘‘(ii) any Federal, State, or tribal land 

23 management agency with jurisdiction over 

24 any inactive or abandoned mine site that is 

25 the subject of the proposed permit, or any 


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1 public trustee for natural resources af2 fected by historic mine residue associated 

3 with any inactive or abandoned mine site 

4 that is the subject of the proposed permit, 

5 does not object to the issuance of the per6 mit; and 

7 ‘‘(iii) if the Administrator is the per8 mitting authority, the affected State or In9 dian tribe concurs with the issuance of the 

10 permit. 

11 ‘‘(G) DEADLINE RELATING TO APPROVAL

12 OR DENIAL OF APPLICATION.—Not later than 

13 180 days after the date of receipt by a permit14 ting authority of an application for a Good Sa15 maritan discharge permit that the permitting 

16 authority determines to be complete, the per17 mitting authority shall— 

18 ‘‘(i) issue to the eligible applicant a 

19 Good Samaritan discharge permit; or 

20 ‘‘(ii) deny the application of the eligi21 ble applicant for a Good Samaritan dis22 charge permit. 

23 ‘‘(H) MODIFICATION OF PERMIT.— 

24 ‘‘(i) APPROVAL AND DISAPPROVAL

25 PROCESS.—In accordance with clause (ii), 


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1 after the date of receipt by a permitting 

2 authority of a written request by a per3 mittee to modify the Good Samaritan dis4 charge permit of the permittee, the permit5 ting authority shall approve or disapprove 

6 the request for modification. 

7 ‘‘(ii) PERMIT MODIFICATION.—A per8 mit modification that is approved by a per9 mitting authority under this subparagraph 

10 shall be— 

11 ‘‘(I) by agreement between the 

12 permittee and the permitting author13 ity and, if the Administrator is the 

14 permitting authority, the affected 

15 State or Indian tribe; 

16 ‘‘(II) subject to— 

17 ‘‘(aa) a period of public no18 tice and comment; and 

19 ‘‘(bb) a public hearing; 

20 ‘‘(III) in compliance with each 

21 standard described in subparagraph 

22 (F)(i)(III); and 

23 ‘‘(IV) immediately reflected in, 

24 and applicable to, the Good Samaritan 

25 discharge permit. 


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1 ‘‘(4) CONTENTS OF PERMITS.— 

2 ‘‘(A) IN GENERAL.—A Good Samaritan 

3 discharge permit shall— 

4 ‘‘(i) contain— 

5 ‘‘(I) a remediation plan approved 

6 by the permitting authority; and 

7 ‘‘(II) any additional requirement 

8 that the permitting authority estab9 lishes by regulation under paragraph 

10 (10); and 

11 ‘‘(ii) provide for compliance with, and 

12 implementation of, the remediation plan 

13 and any additional requirement described 

14 in clause (i)(II). 

15 ‘‘(B) SCOPE.—A Good Samaritan dis16 charge permit shall authorize only those activi17 ties that are required for the remediation of 

18 historic mine residue at an inactive or aban19 doned mine site, as determined by the permit20 ting authority. 

21 ‘‘(C) REVIEW.—A Good Samaritan dis22 charge permit shall contain a schedule for re23 view, to be conducted by the permitting author24 ity, to determine compliance by the permittee 


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1 with each condition and limitation of the per2 mit. 

3 ‘‘(5) EFFECT OF PERMIT COMPLIANCE.— 

4 ‘‘(A) COMPLIANCE WITH ACT.— 

5 ‘‘(i) IN GENERAL.—A Good Samari6 tan discharge permit issued under this 

7 subsection shall authorize the permittee, 

8 and any cooperating persons, to carry out 

9 each activity described in the Good Samar10 itan discharge permit. 

11 ‘‘(ii) COMPLIANCE WITH PERMIT.— 

12 Compliance by the permittee, and any co13 operating persons, with respect to the 

14 Good Samaritan discharge permit shall 

15 constitute compliance with this Act. 

16 ‘‘(B) SCOPE OF LIABILITY.—Except as 

17 provided in paragraph (6), the issuance of a 

18 Good Samaritan discharge permit to a per19 mittee relieves the permittee, and any cooper20 ating person, of each obligation and liability 

21 under this Act. 

22 ‘‘(6) FAILURE TO COMPLY.—If a permittee, or 

23 any cooperating person fails to comply with any con24 dition or limitation of the permit, the permittee, or 


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1 cooperating person, shall be subject to liability only 

2 under section 309. 

3 ‘‘(7) TERMINATION OF PERMIT.— 

4 ‘‘(A) IN GENERAL.—A permitting author5 ity shall terminate a Good Samaritan discharge 

6 permit if— 

7 ‘‘(i) the permittee successfully com8 pletes the implementation of the remedi9 ation plan; or 

10 ‘‘(ii)(I) any discharge covered by the 

11 Good Samaritan discharge permit becomes 

12 subject to a permit issued for other devel13 opment that is not part of the implementa14 tion of the remediation plan; 

15 ‘‘(II) the permittee seeking termi16 nation of coverage, and any cooperating 

17 person with respect to the remediation 

18 plan of the permittee, is not a participant 

19 in the development; and 

20 ‘‘(III) the permitting authority, upon 

21 request of the permittee, agrees that the 

22 permit should be terminated. 

23 ‘‘(B) UNFORSEEN CIRCUMSTANCES.— 

24 ‘‘(i) IN GENERAL.—Except as pro25 vided in clause (ii), the permitting authorVerDate Sep 11 2014 00:29 Feb 26, 2015 Jkt 049200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H963.IH H963

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1 ity, in cooperation with the permittee, shall 

2 seek to modify a Good Samaritan dis3 charge permit to take into account any 

4 event or condition encountered by the per5 mittee if the event or condition encoun6 tered by the permittee— 

7 ‘‘(I) significantly reduces the fea8 sibility, or significantly increases the 

9 cost, of completing the remediation 

10 project that is the subject of the Good 

11 Samaritan discharge permit; 

12 ‘‘(II) was not— 

13 ‘‘(aa) contemplated by the 

14 permittee; or 

15 ‘‘(bb) taken into account in 

16 the remediation plan of the per17 mittee; and 

18 ‘‘(III) is beyond the control of 

19 the permittee, as determined by the 

20 permitting authority. 

21 ‘‘(ii) EXCEPTION.—If a permittee de22 scribed in clause (i) does not agree to a 

23 modification of the Good Samaritan dis24 charge permit of the permittee, or the per25 mitting authority determines that remediVerDate Sep 11 2014 00:29 Feb 26, 2015 Jkt 049200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H963.IH H963

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1 ation activities conducted by the permittee 

2 pursuant to the permit have resulted or 

3 will result in surface water quality condi4 tions that, taken as a whole, are or will be 

5 worse than the baseline water conditions 

6 described in paragraph (3)(B)(ii)(I), the 

7 permitting authority shall terminate the 

8 permit. 

9 ‘‘(C) NO ENFORCEMENT LIABILITY.— 

10 ‘‘(i) DISCHARGES.—Subject to clause 

11 (ii), and except as provided in clause (iii), 

12 the permittee of a permit, or a cooperating 

13 person with respect to the remediation 

14 plan of the permittee, shall not be subject 

15 to enforcement under any provision of this 

16 Act for liability for any past, present, or 

17 future discharges at or from the aban18 doned or inactive mining site that is the 

19 subject of the permit. 

20 ‘‘(ii) OTHER PARTIES.—Clause (i) 

21 does not limit the liability of any person 

22 that is not described in clause (i). 

23 ‘‘(iii) VIOLATION OF PERMIT PRIOR

24 TO TERMINATION.—The discharge of liabil25 ity for a permittee of a permit, or a coVerDate Sep 11 2014 00:29 Feb 26, 2015 Jkt 049200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H963.IH H963

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1 operating person with respect to the reme2 diation plan of the permittee, under clause 

3 (i) shall not apply with respect to any vio4 lation of the permit that occurs before the 

5 date on which the permit is terminated. 

6 ‘‘(8) LIMITATIONS.— 

7 ‘‘(A) EMERGENCY POWERS.—Nothing in 

8 this subsection limits the authority of the Ad9 ministrator to exercise any emergency power 

10 under section 504 with respect to persons other 

11 than a permittee and any cooperating persons. 

12 ‘‘(B) PRIOR VIOLATIONS.— 

13 ‘‘(i) ACTIONS AND RELIEF.—Except 

14 as provided in clause (ii), with respect to 

15 a violation of this subsection or section 

16 301(a) committed by any person prior to 

17 the issuance of a Good Samaritan dis18 charge permit under this subsection, the 

19 issuance of the Good Samaritan discharge 

20 permit does not preclude any enforcement 

21 action under section 309. 

22 ‘‘(ii) EXCEPTIONS.— 

23 ‘‘(I) SCOPE OF PERMIT.—If a 

24 Good Samaritan discharge permit cov25 ers remediation activities carried out 


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1 by the permittee on a date before the 

2 issuance of the Good Samaritan dis3 charge permit, clause (i) shall not 

4 apply to any action that is based on 

5 any condition that results from the re6 mediation activities. 

7 ‘‘(II) OTHER PARTIES.—A per8 mittee shall not be subject to any ac9 tion under section 309 or 505 for any 

10 violation committed by any other 

11 party. 

12 ‘‘(C) OBLIGATIONS OF STATES AND INDIAN

13 TRIBES.—Except as otherwise provided in this 

14 section, nothing in this subsection limits any 

15 obligation of a State or Indian tribe described 

16 in section 303. 

17 ‘‘(D) OTHER DEVELOPMENT.— 

18 ‘‘(i) IN GENERAL.—Any development 

19 of an inactive or abandoned mine site (in20 cluding any activity relating to mineral ex21 ploration, processing, beneficiation, or min22 ing), including development by a permittee 

23 or any cooperating person, not authorized 

24 in a permit issued by the permitting auVerDate Sep 11 2014 00:29 Feb 26, 2015 Jkt 049200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H963.IH H963

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1 thority under this subsection shall be sub2 ject to this Act. 

3 ‘‘(ii) COMMINGLING OF DIS4 CHARGES.—The commingling of any other 

5 discharge or water with any discharge or 

6 water subject to a Good Samaritan dis7 charge permit issued under this subsection 

8 shall not limit or reduce the liability of any 

9 person associated with the water or dis10 charge that is not subject to the Good Sa11 maritan discharge permit. 

12 ‘‘(E) RECOVERABLE VALUE.—A Good Sa13 maritan to whom a permit is issued may sell or 

14 use materials recovered during the implementa15 tion of the plan only if the proceeds of any such 

16 sale are used to defray the costs of— 

17 ‘‘(i) remediation of the site addressed 

18 in the permit; or 

19 ‘‘(ii) voluntary remediation of any 

20 other inactive or abandoned mine site cov21 ered by a permit issued under this section. 

22 ‘‘(F) STATE CERTIFICATION.— 

23 ‘‘(i) IN GENERAL.—Except as pro24 vided in clause (ii), to the extent that this 

25 subsection relates to water quality standVerDate Sep 11 2014 00:29 Feb 26, 2015 Jkt 049200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H963.IH H963

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1 ards, certification under section 401 shall 

2 not apply to any Good Samaritan dis3 charge permit issued under this subsection. 

4 ‘‘(ii) EXCEPTION.—In any case in 

5 which certification under section 401 

6 would otherwise be required, no Good Sa7 maritan discharge permit shall be issued 

8 by a permitting authority under this sub9 section without the concurrence of— 

10 ‘‘(I) the State in which the site of 

11 the discharge is located; or 

12 ‘‘(II) the Indian tribe that owns 

13 or has jurisdiction over the site on 

14 which a remediation project is pro15 posed. 

16 ‘‘(G) STATE AND TRIBAL RECLAMATION

17 PROGRAMS.—No State, Indian tribe, or other 

18 person shall be required to obtain a Good Sa19 maritan discharge permit pursuant to this sub20 section for any discharge, including any dis21 charge associated with the remediation of an in22 active or abandoned mine site with respect to 

23 the conduct of reclamation work under a State 

24 or tribal abandoned mine reclamation plan ap25 proved under title IV of the Surface Mining 


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1 Control and Reclamation Act of 1977 (30 

2 U.S.C. 1231 et seq.). 

3 ‘‘(9) LIABILITY OF OTHER PARTIES.—Nothing 

4 in this subsection (including any result caused by 

5 any action taken by a permittee or a cooperating 

6 person) limits the liability of any person other than 

7 a permittee or a cooperating person under this Act 

8 or any other law. 

9 ‘‘(10) REGULATIONS.— 

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graph (B), not later than 1 year after the date 

12 of enactment of this subsection, after providing 

13 for public notice and an opportunity to com14 ment and a public hearing, the Administrator, 

15 in consultation with the Secretary of the Inte16 rior and the Secretary of Agriculture, and ap17 propriate State, tribal, and local officials, shall 

18 promulgate regulations to establish— 

19 ‘‘(i) generally applicable requirements 

20 for remediation plans described in para21 graph (3)(B); and 

22 ‘‘(ii) any other requirement that the 

23 Administrator determines to be necessary. 

24 ‘‘(B) SPECIFIC REQUIREMENTS BEFORE

25 PROMULGATION OF REGULATIONS.—Before the 


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1 date on which the Administrator promulgates 

2 regulations under subparagraph (A), a permit3 ting authority may establish, on a case-by-case 

4 basis, specific requirements that the permitting 

5 authority determines would facilitate the imple6 mentation of this subsection with respect to a 

7 Good Samaritan discharge permit issued to a 

8 permittee. 

9 ‘‘(11) FUNDING.— 

10 ‘‘(A) ELIGIBILITY FOR SECTION 319

11 GRANTS.—A permittee shall be eligible to apply 

12 for a grant under section 319(h). 

13 ‘‘(B) GRANTS.—Subject to the availability 

14 of appropriated funds, the Administrator may 

15 award to any permittee a grant to assist the 

16 permittee in implementing a remediation plan 

17 with respect to a Good Samaritan discharge 

18 permit of the permittee. 

19 ‘‘(12) REPORT TO CONGRESS.— 

20 ‘‘(A) IN GENERAL.—Not later than 1 year 

21 before the date of termination of the authority 

22 of the permitting authority under paragraph 

23 (13), the Administrator shall submit to Con24 gress a report describing the activities author25 ized by this subsection. 


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1 ‘‘(B) CONTENTS.—The report required 

2 under subparagraph (A) shall contain, at a 

3 minimum— 

4 ‘‘(i) a description of— 

5 ‘‘(I) each Good Samaritan dis6 charge permit issued under this sub7 section; 

8 ‘‘(II) each permittee; 

9 ‘‘(III) each inactive or abandoned 

10 mine site addressed by a Good Samar11 itan discharge permit issued under 

12 this subsection (including each body 

13 of water and the baseline water qual14 ity of each body of water affected by 

15 each inactive or abandoned mine site); 

16 ‘‘(IV) the status of the implemen17 tation of each remediation plan associ18 ated with each Good Samaritan dis19 charge permit issued under this sub20 section (including specific progress 

21 that each remediation activity con22 ducted by a permittee pursuant to 

23 each Good Samaritan discharge per24 mit has made toward achieving the 


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1 goals and objectives of the remedi2 ation plan); and 

3 ‘‘(V) each enforcement action 

4 taken by the Administrator or applica5 ble State or Indian tribe concerning a 

6 Good Samaritan discharge permit 

7 issued under this subsection (includ8 ing the disposition of the action); 

9 ‘‘(ii) a summary of each remediation 

10 plan associated with a Good Samaritan 

11 discharge permit issued under this sub12 section, including— 

13 ‘‘(I) the goals and objectives of 

14 the remediation plan; 

15 ‘‘(II) the budget of the activities 

16 conducted pursuant to the remedi17 ation plan; and 

18 ‘‘(III) the practices to be em19 ployed by each permittee in accord20 ance with the remediation plan of the 

21 permittee to reduce, control, mitigate, 

22 or eliminate adverse impacts to the 

23 quality of applicable bodies of water; 

24 and 


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1 ‘‘(iii) any recommendations that may 

2 be proposed by the Administrator to mod3 ify any law (including this subsection and 

4 any regulation promulgated under para5 graph (10)) to facilitate the improvement 

6 of water quality through the remediation of 

7 inactive or abandoned mine sites. 

8 ‘‘(13) TERMINATION OF AUTHORITY.—The au9 thority granted to the permitting authority under 

10 this subsection to issue Good Samaritan discharge 

11 permits terminates on the date that is 10 years after 

12 the date of enactment of this subsection. 

13 ‘‘(14) SEVERABILITY.—If any provision of this 

14 subsection, or the application of any provision of this 

15 subsection to any person or circumstance, is held in16 valid, the application of such provision to other per17 sons or circumstances, and the remainder of this 

18 subsection, shall not be affected thereby.’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS