II

104TH CONGRESS

1ST SESSION S. 639

To provide for the disposition of locatable minerals on Federal lands, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 28 (legislative day, MARCH 27), 1995

Mr. CAMPBELL (for himself and Mr. JOHNSTON) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To provide for the disposition of locatable minerals on

Federal lands, 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) This Act may be referred to as the ‘‘Locatable

5 Mineral Mining Reform Act of 1995’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—DISPOSITION OF LOCATABLE MINERAL DEPOSITS

Sec. 101. Mining claims.

Sec. 102. Lands open to location.

Sec. 103. Annual claim maintenance fee.

Sec. 104. Claim limitations.
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Sec. 105. Continuation of mining claims and mill sites.

Sec. 106. Mineral patents.

TITLE II—MINERAL ACTIVITIES

Sec. 201. Definition.

Sec. 202. Notices and permits for mineral activities and claim locations.

Sec. 203. Permits for exploration activities.

Sec. 204. Mining permits.

Sec. 205. Financial assurances.

Sec. 206. Transfers, assignments, and sales of rights.

Sec. 207. Persons ineligible for permits.

Sec. 208. Operations and reclamation standards.

Sec. 209. Federal and State roles.

Sec. 210. Inspection.

Sec. 211. Enforcement.

Sec. 212. Administrative review.

Sec. 213. Judicial review.

TITLE III—ROYALTIES

Sec. 301. Royalties.

TITLE IV—ABANDONED LOCATABLE MINERALS MINE

RECLAMATION FUND

Sec. 401. Abandoned locatable minerals mine reclamation.

Sec. 402. Use and objectives of the fund.

Sec. 403. Eligible lands and waters.

Sec. 404. Fund expenditures.

Sec. 405. Appropriations and spending authority.

TITLE V—TRANSITION RULES

Sec. 501. Transition rules for mining claims.

Sec. 502. Qualifications for fee simple patents.

Sec. 503. Transition rules for surface management.

TITLE VI—ADMINISTRATIVE PROVISIONS

Sec. 601. Effect on other laws.

Sec. 602. Miscellaneous.

Sec. 603. Purchasing power adjustment.

Sec. 604. Mineral materials.

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) EXPLORATION.—The term ‘‘exploration’’

4 means the use of methods and techniques causing

5 more than minimal disturbance to the environment

6 in order to determine the presence and characteris-
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1 tics of a locatable mineral, when such use is not as2 sociated with mining, production, processing,

3 beneficiation or marketing of such mineral.

4 (2) FEDERAL LAND.—The term ‘‘Federal

5 land’’—

6 (A) means land or an interest in land

7 owned by the United States open to the location

8 of mining claims under this Act; but

9 (B) for the purposes of title I, section 211

10 (b), (c), (d), (e), and (f), section 212, and title

11 III, does not include land that is subject to the

12 Act entitled ‘‘An Act to provide for stock-rais13 ing homesteads, and for other purposes,’’ ap14 proved December 29, 1916 (commonly known

15 as the ‘‘Stock Raising Homestead Act’’) (43

16 U.S.C. 291 et seq.) or land in which only the

17 mineral interest is reserved to the United

18 States.

19 (3) GENERAL MINING LAWS.—The term ‘‘gen20 eral mining laws’’ means—

21 (A) sections 910, 2318 through 2330,

22 2332 through 2340, and 2343 through 2346 of

23 the Revised Statutes (30 U.S.C. 21, 22, 23, 26

24 through 28, 29, 30, 33 through 43, 46 through

25 48);
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1 (B) the Mining and Minerals Policy Act of

2 1970 (30 U.S.C. 21a);

3 (C) the Act of April 26, 1882 (22 Stat. 49,

4 chapter 106; 30 U.S.C. 25, 31);

5 (D) Public Law 85–876 (30 U.S.C. 28–1,

6 28–2);

7 (E) the Act of June 21, 1949 (63 Stat.

8 214, chapter 232; 30 U.S.C. 28b through 28e,

9 54);

10 (F) the Act of March 3, 1881 (21 Stat.

11 505, chapter 140; 30 U.S.C. 32);

12 (G) the Act of May 5, 1876 (19 Stat. 52,

13 chapter 91; 30 U.S.C. 49);

14 (H) sections 15, 16, and 26 of the Act of

15 June 6, 1900 (31 Stat. 327, 328, 329, chapter

16 786; 30 U.S.C. 49a, 49c, 49d);

17 (I) section 2 of the Act of May 4, 1934

18 (48 Stat. 663, chapter 211; 30 U.S.C. 49b);

19 (J) the Act of March 2, 1907 (34 Stat.

20 1243, chapter 2559; 30 U.S.C. 49e, 49f);

21 (K) the Act of August 4, 1892 (27 Stat.

22 348, chapter 375; 30 U.S.C. 161);

23 (L) the Act of January 31, 1901 (31 Stat.

24 745, chapter 186; 30 U.S.C. 162);
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1 (M) the Act of August 11, 1955 (69 Stat.

2 679, chapter 795; 30 U.S.C. 541 et seq.); and

3 (N) the Mining Claims Rights Restoration

4 Act of 1955 (30 U.S.C. 621 et seq.).

5 (4) LOCATABLE MINERAL.—The term

6 ‘‘locatable mineral’’—

7 (A) means a mineral owned by the United

8 States that is not subject to disposition under

9 any Federal statute providing for the disposi10 tion of the mineral by lease or sale; but

11 (B) does not include a mineral that is—

12 (i) held in trust by the United States

13 for an Indian or an Indian tribe (as de14 fined in section 2 of the Indian Mineral

15 Development Act of 1982 (25 U.S.C.

16 2101)); or

17 (ii) owned by an Indian or an Indian

18 tribe (as defined in that section) that is

19 subject to a restriction against alienation

20 imposed by the United States.

21 (5) MINERAL ACTIVITY.—The term ‘‘mineral

22 activity’’ means an activity on Federal land for, re23 lated to, or incidental to exploration, mining, pro24 duction, beneficiation, processing, or reclamation for

25 any locatable mineral.
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1 (6) MINING CLAIM.—The term ‘‘mining claim’’

2 means a tract of Federal land or interest in land

3 that—

4 (A) does not exceed 40 acres;

5 (B) contains a valuable mineral deposit

6 that is located for the purpose of carrying out

7 exploration, mining, production, or reclamation

8 for—

9 (i) any locatable mineral situated

10 within the tract or beneficiation and proc11 essing for any locatable mineral; or

12 (ii) any mineral that would otherwise

13 be a locatable mineral if it were found on

14 Federal land; and

15 (C) is derived in part from a mining claim

16 that is subject to this Act or patented under the

17 general mining laws or this Act.

18 (7) NATIONAL CONSERVATION SYSTEM UNIT.—

19 The term ‘‘national conservation system unit’’

20 means a national park or monument, a unit of the

21 National Wildlife Refuge System, or a unit of the

22 National Wilderness Preservation System.

23 (8) OPERATOR.—The term ‘‘operator’’ means a

24 person that conducts mineral activity subject to this
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1 Act or an agent that conducts mineral activity on

2 behalf of such a person.

3 (9) PERSON.—The term ‘‘person’’ means an in4 dividual, Indian tribe, partnership, association, soci5 ety, joint venture, joint stock company, firm, com6 pany, limited liability company, corporation, coopera7 tive or other organization, and any instrumentality

8 of State or local government, including a publicly

9 owned utility or publicly owned corporation of a

10 State or local government.

11 (10) SECRETARY.—The term ‘‘Secretary’’

12 means—

13 (A) the Secretary of Agriculture with re14 spect to land under the jurisdiction of the Sec15 retary of Agriculture that is subject to the re16 quirements of this Act; and

17 (B) the Secretary of the Interior with re18 spect to all other land that is subject to the re19 quirements of this Act.

20 TITLE I—DISPOSITION OF

21 LOCATABLE MINERAL DEPOSITS

22 SEC. 101. MINING CLAIMS.

23 (a) NEW LOCATIONS.—On and after the date of en24 actment of this Act, a mining claim may be located, on

25 land or an interest in land owned by the United States
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1 open to location, only in accordance with this Act and with

2 such provisions of the general mining laws as are not in3 consistent with this Act.

4 (b) LOCATION OF CLAIMS.—

5 (1) DEFINITION.—In this subsection, the term

6 ‘‘eligible person’’ means a person who is a citizen of

7 the United States or a corporation organized under

8 the laws of the United States or of any State or the

9 District of Columbia.

10 (2) LOCATION.—An eligible person may locate

11 a mining claim for valuable locatable mineral depos12 its on land or an interest in land owned by the

13 United States open to the location of mining claims

14 by posting a notice of location disclosing—

15 (A) the person’s name and address;

16 (B) the time of location (which shall be the

17 date and hour of location and posting); and

18 (C) a legal description of the claim.

19 (3) POSTING.—A notice of location shall be

20 posted on a suitable durable monument erected as

21 near as practicable to the northeast corner of the

22 mining claim.

23 (c) USE OF PUBLIC LAND SURVEY.—

24 (1) IN GENERAL.—Except as provided in para25 graph (2)—
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1 (A) a mining claim located under this Act

2 shall—

3 (i) be located in accordance with the

4 public land survey system; and

5 (ii) conform to the legal subdivisions

6 of that system; and

7 (B) the legal description of the mining

8 claim shall be based on the public land survey

9 system and its legal subdivisions.

10 (2) EXCEPTIONS.—

11 (A) PROTRACTED SURVEY.—If only a pro12 tracted survey exists for the Federal land con13 cerned—

14 (i) the legal description of the mining

15 claim shall be based on the protracted sur16 vey, and the mining claim shall be located

17 as near as practicable in conformance with

18 a protracted legal subdivision;

19 (ii) the mining claim shall be

20 monumented on the ground by the erection

21 of a conspicuous durable monument at

22 each corner of the claim; and

23 (iii) the legal description of the min24 ing claim shall include a reference to—
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1 (I) an existing survey monument;

2 or

3 (II) if no such monument can be

4 found within a reasonable distance, to

5 a permanent natural object.

6 (B) NO SURVEY.—If no survey exists for

7 the Federal land concerned—

8 (i) the mining claim shall be a regular

9 square, with each side laid out in cardinal

10 directions, that best approximates legal

11 subdivisions;

12 (ii) the claim shall be monumented on

13 the ground by the erection of a conspicu14 ous durable monument at each corner of

15 the claim; and

16 (iii) the legal description of the min17 ing claim shall—

18 (I) be expressed in metes and

19 bounds;

20 (II) include a reference to any

21 existing survey monument, or where

22 no such monument can be found with23 in a reasonable distance, to a perma24 nent natural object; and
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1 (III) be of sufficient accuracy

2 and completeness to permit recording

3 of the claim in the public land records

4 and to permit the Secretary and other

5 parties to find the claim on the

6 ground.

7 (d) FILING WITH SECRETARY.—Within 30 days after

8 the location of a mining claim under this section, a copy

9 of the notice of location described in subsection (b) shall

10 be filed with the Secretary of the Interior in an office des11 ignated by the Secretary of the Interior.

12 (e) LOCATION FEE.—

13 (1) IN GENERAL.—On and after September 30,

14 1998, notwithstanding any other law, for each

15 unpatented mining claim located after the date of

16 enactment of this Act, the claimant shall, at the

17 time the location notice is recorded with the Sec18 retary of the Interior, pay a location fee of $25 per

19 claim.

20 (2) INTERIM PROVISION.—Until September 30,

21 1998, an unpatented mining claim located under

22 this Act shall be subject to section 10102 of the Om23 nibus Budget Reconciliation Act of 1993 (107 Stat.

24 406).
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1 (f) DATE OF LOCATION.—A mining claim located

2 under this Act shall be effective based upon as of the time

3 of location.

4 (g) LANDS AND MINERALS INCLUDED IN CLAIM.—

5 (1) IN GENERAL.—A mining claim located

6 under this Act shall include all lands and interests

7 in lands owned by the United States open to location

8 within the boundaries of the claim, subject to any

9 prior claim.

10 (2) EXTENSION DOWNWARD.—The boundaries

11 of a mining claim located under this Act shall extend

12 vertically downward.

13 (3) RIGHT OF POSSESSION AND USE.—

14 (A) IN GENERAL.—A holder of a mining

15 claim under this Act and maintained in compli16 ance with this Act shall have the right of pos17 session and use of the claim and all other rights

18 incident to a mining claim under such provi19 sions of the general mining laws as are not in20 consistent with this Act, including the right to

21 use the surface for mineral activities, subject to

22 the rights of the United States under this Act

23 and other Federal law.

24 (B) TERMINATION.—The rights of a holder

25 of a claim under this Act shall terminate upon
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1 cessation of the mineral activity described in

2 section 106(4), including completion of all rec3 lamation required by this Act.

4 (h) MILL SITES.—A mill site shall be subject to the

5 requirements and limitations of this Act pertaining to

6 mining claims and mineral activity, except that a mill site

7 shall—

8 (1) be no larger than 5 acres;

9 (2) be located only on nonmineralized Federal

10 land; and

11 (3) be used only for the purposes of—

12 (A) storage of minerals and materials re13 moved in part from a mining claim subject to

14 this Act or patented under the general mining

15 laws or this Act;

16 (B) beneficiation or processing of locatable

17 minerals (or any mineral that would otherwise

18 be a locatable mineral if it were found on Fed19 eral land) that are derived in part from mining

20 claims subject to this Act or patented under the

21 general mining laws or this Act;

22 (C) reclamation; or

23 (D) a use that is reasonably incident to a

24 use described in subparagraph (A), (B), or (C).
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1 (i) CLAIM CONFLICTS.—A conflict between holders of

2 mining claims shall be resolved in accordance with applica3 ble Federal and State laws governing such conflicts, in4 cluding the general mining laws and this Act, in a court

5 of competent jurisdiction, including, as appropriate, a

6 State court.

7 (j) DISPOSITION OF LAND.—If a mining claim is lo8 cated under this Act for land that is encumbered by a

9 prior mining claim or a mill site that is located under the

10 general mining laws, the land or mill site shall become

11 part of the claim located under this Act if the claim or

12 mill site located under the general mining law is declared

13 void under this section or otherwise.

14 SEC. 102. LANDS OPEN TO LOCATION.

15 A mining claim may be located under this Act on

16 Federal land if—

17 (1) the land or interest in land was open to the

18 location of mining claims under the general mining

19 laws on the day preceding the date of enactment of

20 this Act, unless subsequently withdrawn; or

21 (2) the land or interest in land is opened to the

22 location of mining claims on or after the date of en23 actment of this Act by administrative action or by

24 statute, unless subsequently withdrawn.
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1 SEC. 103. ANNUAL CLAIM MAINTENANCE FEE.

2 (a) FEE.—

3 (1) IN GENERAL.—On and after October 1,

4 1998, the holder of an unpatented mining claim

5 (other than an unpatented mining claim or mill site

6 held only for reclamation) shall pay to the Secretary

7 of the Interior on or before August 31 of each year

8 a claim maintenance fee of—

9 (A) $100 for a claim located prior to

10 March 28, 1995; and

11 (B) $200 for a claim located after March

12 28, 1995.

13 (2) RELIEF FOR ASSESSMENT WORK REQUIRE14 MENT.—Payment of a claim maintenance fee under

15 paragraph (1) shall relieve a claim holder of the as16 sessment work requirement of section 2324 of the

17 Revised Statutes (30 U.S.C. 28) and the related fil18 ing requirements of section 314 (a) and (c) of the

19 Federal Land Policy and Management Act of 1976

20 (43 U.S.C. 1744 (a) and (c)).

21 (3) INTERIM PROVISION.—For the period pre22 ceding October 1, 1998, an unpatented mining claim

23 shall be subject to section 10101 of the Omnibus

24 Budget Reconciliation Act of 1993 (107 Stat. 405).
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1 (4) EXCEPTION.—No claim maintenance fee

2 shall be required for a mining claim or mill site on

3 which the only mineral activity is reclamation.

4 (b) TIME OF PAYMENT.—Notwithstanding subsection

5 (a), a claim maintenance fee payable for the initial assess6 ment year in which a location is made shall be paid at

7 the time the location notice is recorded with the Secretary

8 of the Interior.

9 (c) WAIVER.—

10 (1) IN GENERAL.—The annual claim mainte11 nance fee shall be waived for a claimant that cer12 tifies in writing to the Secretary of the Interior that

13 on the date the payment was due, the claimant and

14 all related parties held not more than 10 mining

15 claims.

16 (2) DEFINITION.—In paragraph (1):

17 (A) RELATED PARTY.—The term ‘‘related

18 party’’ includes—

19 (i) the spouse and a dependent child

20 (as defined in section 152 of the Internal

21 Revenue Code of 1986) of the claimant;

22 and

23 (ii) a person controlled by, controlling,

24 or under common control with the claim25 ant.
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1 (B) CONTROL.—As used in subparagraph

2 (A), ‘‘control’’ means having the ability,

3 through actual control, to determine the man4 ner in which an entity conducts mineral activi5 ties.

6 (d) CO-OWNERSHIP.—

7 (1) NOTICE.—Upon the failure of a co-owner of

8 an unpatented mining claim to contribute the co9 owner’s portion of a claim maintenance fee, any co10 owner who has paid the fee may, after the payment

11 due date, give the delinquent co-owner notice of the

12 failure—

13 (A) in writing; or

14 (B) by publication in the newspaper that is

15 published nearest the claim at least once a week

16 for at least 90 days.

17 (2) FORFEITURE FOR FAILURE TO CONTRIB18 UTE.—If, at the expiration of 90 days after notice

19 has been given under paragraph (1), a delinquent

20 co-owner fails to contribute the co-owner’s portion of

21 a claim maintenance fee, the delinquent co-owner’s

22 interest shall become the property of any co-owner

23 that paid the fee.

24 (e) CREDIT AGAINST ROYALTY.—The amount of the

25 annual claim maintenance fee for any period shall be cred-
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1 ited against the amount of royalty required to be paid

2 under section 301 for the same period with respect to that

3 claim.

4 (f) FEE ADJUSTMENTS.—

5 (1) NOTICE.—The Secretary of the Interior

6 shall provide a claimant notice of any adjustment

7 made under section 603 not later than July 1 of any

8 year in which the adjustment is made.

9 (2) APPLICABILITY.—A fee adjustment under

10 section 603 shall become applicable at the beginning

11 of the calendar year following the calendar year in

12 which it is made.

13 (g) OIL SHALE CLAIMS SUBJECT TO CLAIM MAINTE14 NANCE FEES UNDER ENERGY POLICY ACT OF 1992.—

15 This section shall not apply to any oil share claims for

16 which a fee is required to be paid under section 2511(e)(2)

17 of the Energy Policy Act of 1992 (30 U.S.C. 242).

18 SEC. 104. CLAIM LIMITATIONS.

19 (a) FAILURE TO COMPLY.—

20 (1) FORFEITURE.—The failure of a claim hold21 er to pay a location fee or claim maintenance fee for

22 a mining claim as required by this title shall con23 stitute forfeiture of the mining claim, and such claim

24 shall be void.
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1 (2) NO RELIEF FROM OBLIGATIONS.—Forfeit2 ure shall not relieve any person of any obligation

3 created under this Act, including reclamation.

4 (b) PROHIBITION.—A claimant may not locate a new

5 mining claim on the land or interest in land owned by the

6 United States included in a mining claim forfeited by the

7 claimant during the 12-month period following the date

8 on which the claim is forfeited unless the claimant locates

9 a new claim on that land or interest in land and pays a

10 $50 claim relocation fee, which relocation fee shall be in

11 lieu of the location fee under section 101(e) and in addi12 tion to the claim maintenance fee under section 103.

13 SEC. 105. CONTINUATION OF MINING CLAIMS AND MILL

14 SITES.

15 (a) MINING CLAIMS.—The continued use, occupancy,

16 and retention of a mining claim subject to this Act shall

17 be exclusively for mineral activity.

18 (b) MILL SITES.—The continued use, occupancy, and

19 retention of a mill site subject to this Act shall be only

20 for the purposes stated in section 101(h)(3).

21 SEC. 106. MINERAL PATENTS.

22 (a) IN GENERAL.—Except as provided in section 502,

23 a mineral patent issued on or after the date of enactment

24 of this Act shall grant title to the locatable mineral estate

25 only.
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1 (b) TERMS AND CONDITIONS.—A mineral patent

2 under subsection (a) shall—

3 (1) reserve to the United States the title to the

4 surface and mineral estate, other than the locatable

5 minerals, of the land to be patented;

6 (2) reserve to the United States the royalty re7 quired under section 310;

8 (3) include the right to use so much of the sur9 face overlying the patented mineral estate as may be

10 reasonably necessary for mineral activity, including

11 all such rights that the claimants would have under

12 the general mining laws that, subsequent to the date

13 of enactment of this Act, are not inconsistent with

14 this Act, if the claim were not patented, subject to

15 the reclamation and enforcement provisions of this

16 Act and subject to the Multiple Mineral Develop17 ment Act of 1954 (30 U.S.C. 521 et seq.), the Mate18 rials Act of 1947 (30 U.S.C. 601 et seq.), and the

19 Surface Resources Act of 1955 (30 U.S.C. 611 et

20 seq.); and

21 (4) subject to subsection (c), reserve a rever22 sionary interest by which the patented mineral es23 tate shall revert to the United States after cessation

24 of mineral activity for a period of 5 consecutive

25 years, not including any years during which mineral
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1 activity is prohibited, suspended, or prevented by

2 governmental action or law.

3 (c) ENFORCEMENT ACTIONS AND WITHDRAWALS.—

4 (1) IN GENERAL.—An action may be taken

5 under section 211 of this Act or a withdrawal may

6 be made under section 204 of the Federal Land Pol7 icy and Management Act of 1976 (43 U.S.C. 1714)

8 following expiration of a 5-year period described in

9 subsection (b)(4).

10 (2) DECLARATION OF COMPLETION OF ACTIVI11 TIES.—The person holding the patent may declare

12 that mineral activities are completed prior to the end

13 of the 5-year period described in subsection (b)(4),

14 and the patented mineral estate shall revert to the

15 United States upon such a declaration.

16 (3) HEARING.—Before a reversion under para17 graph (2) becomes effective, the person holding the

18 patent may request a hearing before the Secretary,

19 and if, at the hearing, the person demonstrates

20 plans to continue mineral activity within 2 years

21 after the end of the 5-year period described in sub22 section (b)(4), the interest shall not revert to the

23 United States.

24 (4) EXTENSION.—The Secretary may grant an

25 extension of the 5-year period described in sub-
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1 section (b)(4), but the patented mineral estate shall

2 revert to the United States after cessation of the

3 mineral activity.

4 (5) RECLAMATION.—Notwithstanding a rever5 sion of a patented mineral estate, the patentee and

6 the patentee’s successors or assigns shall remain re7 sponsible for reclamation as required by this Act and

8 for all other applicable requirements.

9 (6) LOCATION.—Land that reverts to the

10 United States under this section shall remain open

11 to the location of mining claims and mill sites, un12 less withdrawn.

13 TITLE II—MINERAL ACTIVITIES

14 SEC. 201. DEFINITION.

15 In this title, the term ‘‘minimal disturbance’’ means

16 a minor, short-term alteration of the environment.

17 SEC. 202. NOTICES AND PERMITS FOR MINERAL ACTIVITIES

18 AND CLAIM LOCATIONS.

19 (a) NOTICE OF INTENTION TO OPERATE.—

20 (1) IN GENERAL.—Except as provided in para21 graph (2), a person shall not engage in a mineral ac22 tivity or claim location activity that causes a mini23 mal disturbance to the environment unless the per24 son has filed a notice of intention to operate with

25 the Secretary.
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1 (2) LESS THAN MINIMAL DISTURBANCE.—A

2 person may engage in a mineral activity or claim lo3 cation activity that causes less than a minimal dis4 turbance to the environment without filing a notice

5 of intention under paragraph (1).

6 (b) PERMIT.—A person shall not engage in a mineral

7 activity or claim location activity that may cause more

8 than a minimal disturbance to the environment unless the

9 person obtains an exploration permit under section 203

10 or a mining permit under section 204 that authorizes the

11 activity.

12 SEC. 203. PERMITS FOR EXPLORATION ACTIVITIES.

13 (a) APPLICATION.—Prior to initiating an exploration

14 activity on Federal land causing more than a minimal dis15 turbance, a person shall apply for an exploration permit.

16 (b) REQUIREMENTS.—An application for an explo17 ration permit under this section shall be submitted in a

18 manner prescribed by the Secretary and shall contain—

19 (1) an exploration plan;

20 (2) a reclamation plan for the proposed explo21 ration activity demonstrating that the applicant will

22 reclaim in accordance with the reclamation provi23 sions of this Act (including possible modifications of

24 such reclamation provisions under subsection 208);
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1 (3) evidence of adequate financial assurance as

2 may be required under section 205;

3 (4) documentation sufficient to demonstrate

4 that the proposed exploration activity will comply

5 with applicable Federal and State environmental

6 laws and regulations; and

7 (5) other relevant information that may be nec8 essary to satisfy the requirements of this Act.

9 (c) ISSUANCE.—

10 (1) IN GENERAL.—The Secretary shall approve

11 a permit application and issue an exploration permit

12 if the application is in compliance with the require13 ments of this Act, any regulations promulgated pur14 suant to this Act, and other applicable law.

15 (2) CONDITIONS.—The Secretary may reason16 ably condition the approval of an exploration permit

17 to satisfy the requirements of this Act.

18 (d) MINERAL REMOVAL.—An exploration permit

19 shall not authorize the permit holder to remove any min20 eral for sale or to conduct any activities other than those

21 required for exploration for locatable minerals and for

22 reclamation.

23 (e) PERMIT MODIFICATION.—
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1 (1) APPLICATION.—The holder of an explo2 ration permit may submit an application to modify

3 the permit.

4 (2) DETERMINATIONS.—To approve a proposed

5 modification to an exploration permit, the Secretary

6 shall make the same determinations as are required

7 in the case of an original exploration permit unless

8 the nature or limited extent of the proposed modi9 fication makes it unnecessary.

10 SEC. 204. MINING PERMITS.

11 (a) PERMIT APPLICATION REQUIREMENTS.—An ap12 plication for a mining permit shall be submitted in a man13 ner prescribed by the Secretary and shall contain—

14 (1) information describing the condition of the

15 land and water resources of the area before the com16 mencement of mineral activity;

17 (2) an operations plan demonstrating that the

18 applicant will operate in accordance with the stand19 ards of this Act and implementing regulations;

20 (3) a reclamation plan for the proposed mineral

21 activity demonstrating that the applicant will re22 claim in accordance with the reclamation provisions

23 of this Act;

24 (4) evidence of adequate financial assurance

25 under section 205;
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1 (5) documentation establishing that the appli2 cant is eligible to receive a permit under section 207;

3 (6) documentation sufficient to demonstrate

4 that the proposed mineral activity will comply with

5 applicable Federal and State environmental laws and

6 regulations; and

7 (7) other relevant information that may be nec8 essary to satisfy the requirements of this Act.

9 (b) ISSUANCE.—

10 (1) IN GENERAL.—Subject to paragraph (3),

11 the Secretary shall approve a permit application and

12 issue a mining permit if the application is in compli13 ance with the requirements of this Act, any regula14 tions promulgated pursuant to this Act, and other

15 applicable law.

16 (2) CONDITIONS.—The Secretary may reason17 ably condition the approval of a mining permit to

18 satisfy the requirements of this Act.

19 (3) NATIONAL CONSERVATION SYSTEM

20 UNITS.—In the case of an application for a mining

21 permit for mineral activity located in close proximity

22 to a national conservation system unit, the Secretary

23 shall approve the application and issue a mining per24 mit only if—
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1 (A) the application is in compliance with

2 the requirements of this Act, any regulations

3 promulgated pursuant to this Act, and other

4 applicable law; and

5 (B) the Secretary determines that condi6 tions can be imposed to ensure that—

7 (i) the proposed mineral activity will

8 not significantly degrade the wildlife values

9 of the national conservation system unit;

10 (ii) the noise and traffic impacts of

11 the mineral activity will not significantly

12 degrade the values for which the national

13 conservation system unit was established;

14 and

15 (iii) any adverse visual impacts associ16 ated with mineral activity will be mini17 mized so as not to significantly degrade

18 the values for which the national conserva19 tion system unit was established.

20 (c) PERMIT MODIFICATION.—

21 (1) APPLICATION.—The holder of a mining per22 mit may submit an application to modify the permit.

23 (2) DETERMINATIONS.—To approve a proposed

24 modification to a mining permit, the Secretary shall

25 make the same determinations as are required in the
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1 case of an original mining permit unless the nature

2 or limited extent of the proposed modification makes

3 it unnecessary.

4 SEC. 205. FINANCIAL ASSURANCES.

5 (a) EVIDENCE OF FINANCIAL ASSURANCE.—Prior to

6 the commencement of any mineral activity requiring an

7 exploration permit or mining permit, an applicant for a

8 permit shall furnish evidence to the Secretary of a bond,

9 surety, or other financial assurance (including the use of

10 a bonding pool) in an amount determined by the Secretary

11 that is not less than the estimated cost to complete rec12 lamation as required by this Act.

13 (b) REVIEW OF ASSURANCE.—Not later than 5 years

14 after a financial assurance is provided, and at least each

15 5 years thereafter, the Secretary shall review the financial

16 assurance for adequacy under this section.

17 (c) ADJUSTMENT.—The Secretary may adjust the

18 amount of the required financial assurance upon a deter19 mination by the Secretary that a portion of the reclama20 tion is completed as required by this Act.

21 (d) NOTICE AND COMMENT.—Prior to reduction in

22 or final release of financial assurance, the Secretary shall

23 provide public notice and opportunity for written com24 ment.
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1 (e) FINANCIAL ASSURANCE FOR INCREMENTS.—A fi2 nancial assurance for an increment for mineral activity

3 may be authorized if—

4 (1) no mineral activity is allowed in addition to

5 that for which a financial assurance is posted under

6 subsection (a);

7 (2) the financial assurance for an increment

8 covers all reclamation costs within the permit area

9 for that increment; and

10 (3) the amount and terms of the financial as11 surance for each increment are reviewed annually.

12 SEC. 206. TRANSFERS, ASSIGNMENTS, AND SALES OF

13 RIGHTS.

14 (a) IN GENERAL.—The approval of the Secretary

15 shall be required prior to the transfer, assignment, or sale

16 of rights under an exploration or mining permit.

17 (b) APPROVAL.—The Secretary shall approve the

18 transfer, assignment, or sale of rights of an exploration

19 or mining permit if—

20 (1) the successor in interest agrees to assume

21 the liability and reclamation responsibilities (includ22 ing the financial assurance provisions under section

23 205) established by the permit under this Act (with24 out affecting the transferor’s liability under any

25 other law); and
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•S 639 IS

1 (2) the requirements of section 207 are met.

2 SEC. 207. PERSONS INELIGIBLE FOR PERMITS.

3 (a) PERMIT VIOLATORS.—The Secretary shall not

4 issue an exploration permit or mining permit or approve

5 the assignment, sale, or other transfer of a permit to any

6 person, or to any other person that is controlled by or

7 under common control with the person, during any period

8 in which the person has failed to comply in any respect

9 with a reclamation requirement or other standard estab10 lished under this title for any permit issued previously to

11 that person under this Act.

12 (b) NOTICE.—Prior to making a determination that

13 a person has failed to comply with a reclamation require14 ment or other standard, the Secretary shall provide notice

15 and an opportunity to comply and shall consider whether

16 any administrative or judicial appeal is pending.

17 (c) COMPLIANCE.—If a person who has failed to com18 ply comes into compliance with the requirement or stand19 ard concerned, a permit may be issued or an assignment,

20 sale, or transfer approved.

21 (d) DEFINITION.—In this section, the term ‘‘control’’

22 means having the ability, through actual control, to deter23 mine the manner in which a person conducts mineral

24 activity.
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1 SEC. 208. OPERATIONS AND RECLAMATION STANDARDS.

2 (a) DEFINITION.—In this section, the term ‘‘best

3 technology currently available’’ means equipment, devices,

4 and methods that have demonstrated engineering and eco5 nomic feasibility, success, and practicality, as determined

6 by the Secretary on a case-by-case basis during the review

7 process for an exploration permit or mining permit, under

8 criteria established by the Secretary, in consultation with

9 the States.

10 (b) OPERATIONS.—A mineral activity on Federal

11 land shall employ the best technology currently available

12 to minimize adverse impact to the environment.

13 (c) RECLAMATION.—Using the best technology cur14 rently available, an operator shall reclaim land on which

15 mineral activity has been conducted to return the land to

16 such a condition as will make the land capable of support17 ing the uses that the land supported prior to surface dis18 turbance by the operator or to other beneficial uses that

19 are consistent with the applicable Federal land use plan.

20 (d) MONITORING.—The Secretary shall require an

21 operator to develop and maintain appropriate monitoring

22 and evaluation systems to monitor compliance with this

23 section.

24 (e) REGULATIONS.—

25 (1) IN GENERAL.—Not later than 2 years after

26 the date of enactment of this Act, the Secretary
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1 shall develop regulations establishing operating and

2 reclamation standards for mineral activity consistent

3 with the standards in subsections (b) and (c).

4 (2) CONSULTATION.—

5 (A) IN GENERAL.—In developing regula6 tions under this subsection, the Secretary shall

7 work in close consultation with, and give careful

8 consideration to, the comments of the States

9 that are affected by such regulations.

10 (B) INAPPLICABILITY OF FACA.—The Fed11 eral Advisory Committee Act (5 U.S.C. App.)

12 shall not apply to the participation by States in

13 development of regulations, cooperative agree14 ments, guidelines, or other such instruments.

15 (3) STATE STANDARDS.—The regulations under

16 this subsection shall, to the maximum extent prac17 ticable, adopt the operations and reclamation stand18 ards of a State, with respect to an activity in that

19 State, if such standards meet or exceed the stand20 ards in subsections (b) and (c).

21 (4) REGIONAL AND SITE-SPECIFIC STAND22 ARDS.—In developing regulations this subsection,

23 and in cooperative agreements, guidelines, or such

24 other instruments, the Secretary shall establish re-
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•S 639 IS

1 gional and site-specific operating and reclamation

2 standards that—

3 (A) are consistent with the standards in

4 subsections (b) and (c); and

5 (B) take appropriate account of differences

6 in terrain, soils, vegetation, water resources, ge7 ology, climate, wildlife populations, and other

8 relevant regional, site-specific, or mineral-spe9 cific factors.

10 (5) COMPLIANCE WITH NEPA.—Section 102 of

11 the National Environmental Policy Act (42 U.S.C.

12 4332) shall not apply to the development or issuance

13 of regulations under this subsection.

14 (6) OPERATING AND RECLAMATION STAND15 ARDS.—The regulations under this subsection shall

16 set forth operating and reclamation standards that

17 provide for the following:

18 (A) REVEGETATION.—The area disturbed

19 by mineral activities shall be revegetated to es20 tablish a diverse, effective, and permanent vege21 tative cover.

22 (B) TOPSOIL AND OTHER SUITABLE

23 GROWTH MEDIA.—

24 (i) IN GENERAL.—Except as provided

25 in clause (ii), the operator shall remove
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1 topsoil or other growth media from the

2 lands disturbed by mineral activities and

3 segregated and stored for later use in

4 revegetation during reclamation.

5 (ii) MEDIA OF POOR QUALITY.—If

6 topsoil or growth media are of such poor

7 quality as not to be reasonably effective in

8 sustaining vegetation or if other strata or

9 suitable growth media can be shown to be

10 more suitable for vegetation requirements,

11 the operator shall remove, segregate, and

12 preserve, in a like manner, such other

13 strata or suitable growth media as are best

14 able to support vegetation.

15 (C) STRUCTURAL STABILITY.—

16 (i) SURFACE AREAS.—Surface areas

17 disturbed by mineral activity, including

18 spoil piles, shall be stabilized and protected

19 so as to effectively control erosion and to

20 otherwise comply with applicable air, water

21 quality, toxic substance, solid waste, and

22 other environmental laws.

23 (ii) FACILITIES.—Facilities such as

24 basins and ditches shall be designed, con25 structed, and maintained where necessary
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1 to control sediments, erosion, and drainage

2 of the area subject to mineral activity and

3 to otherwise comply with air, water quality,

4 toxic substance, solid waste, and other en5 vironmental laws.

6 (D) GRADING AND CONTOURING.—Surface

7 areas disturbed by mineral activity shall be

8 shaped, graded, and contoured to blend with

9 the surrounding topography or to a final topog10 raphy consistent with the post-mining land use

11 pursuant to subsection (c), except that back12 filling of open pits shall not be required.

13 (E) SEALING.—All drill holes and under14 ground openings shall be sealed, filled, or other15 wise controlled.

16 (F) TRANSPORTATION FACILITIES.—All

17 roads, conveyors, buildings, and other associ18 ated facilities not needed for public or govern19 mental use shall be removed or reclaimed, as

20 appropriate.

21 (G) LEACH PADS.—Leach pads shall be

22 neutralized and stabilized to protect public

23 health and safety, and the environment.

24 (H) FISH AND WILDLIFE.—
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1 (i) FISH AND WILDLIFE RE2 SOURCES.—Measures shall be taken to

3 protect fish and wildlife resources from

4 portions of the area subject to mineral ac5 tivity that are potentially harmful to fish

6 and wildlife.

7 (ii) FISH AND WILDLIFE HABITAT.—

8 All fish and wildlife habitat in areas sub9 ject to mineral activity shall be reclaimed,

10 but the Secretary and the operator may

11 agree that the operator may create or en12 hance off-site habitat to mitigate the effect

13 of on-site impacts.

14 (f) SURFACE AND GROUND WATER QUALITY.—

15 (1) GUIDELINES.—The Secretary, acting

16 through the Director of the United States Geological

17 Survey, shall work with the States to—

18 (A) study the impacts of mineral activities

19 on surface and ground water quality; and

20 (B) develop advisory guidelines that the

21 States may follow in the regulation of mineral

22 activity.

23 (2) BEST TECHNOLOGY CURRENTLY AVAIL24 ABLE.—The Secretary shall provide information con25 cerning the best technology currently available to
37

•S 639 IS

1 minimize adverse impact to surface and ground

2 water quality.

3 (g) EXPLORATION.—The Secretary shall establish

4 separate reclamation requirements for exploration permits

5 based upon the extent and impact of exploration activities,

6 and such separate requirements shall meet the standards

7 in subsections (a), (b), and (d).

8 (h) EFFECT ON OTHER LAWS.—

9 (1) IN GENERAL.—Nothing in this section shall

10 be construed—

11 (A) to supersede, modify, amend, or repeal

12 any other provision of Federal law, or State law

13 or regulation or program delegated pursuant

14 thereto, that is not expressly superseded, modi15 fied, amended, or repealed by this section;

16 (B) to supersede any State law with re17 spect to water quantity; or

18 (C) to supersede any generally applicable

19 law, regulation, or requirement of any State re20 lating to surface management requirements to

21 the extent that such law, regulation, or require22 ment is at least as stringent as the require23 ments of this section.

24 (2) CONSTRUCTION OF OTHER LAWS.—Any

25 generally applicable State law or regulation relating
38

•S 639 IS

1 to surface management that meets or exceeds the re2 quirements of this section shall be construed to be

3 consistent with the requirements of this section.

4 (3) AGENCY RESPONSIBILITIES.—Nothing in

5 this section shall be construed to alter, supersede, or

6 limit the authorities or responsibilities of any Fed7 eral agency under any other law or to affect or mod8 ify in any way the obligation or liabilities of any per9 son under any other law.

10 SEC. 209. FEDERAL AND STATE ROLES.

11 (a) RELATION TO STATE LAW.—Any State reclama12 tion, financial guarantee, or inspection standard or re13 quirement that meets or exceeds the requirements of this

14 Act shall be construed to be consistent with the require15 ments of this Act.

16 (b) COOPERATIVE AGREEMENTS.—

17 (1) IN GENERAL.—Upon request by a State,

18 the Secretary shall enter into a cooperative agree19 ment with the State for joint administration of the

20 requirements of this Act relating to permitting, op21 erations, financial assurances, reclamation, inspec22 tion, monitoring, and enforcement, and in accord23 ance with title IV, an abandoned mine land pro24 gram, if the Secretary determines in writing that—
39

•S 639 IS

1 (A) the terms of the cooperative agreement

2 fully comply with the requirements of this Act;

3 and

4 (B) the State has the capability to carry

5 out the terms of the cooperative agreement, in6 cluding sufficient qualified administrative and

7 technical personnel and funding necessary to

8 carry out the agreement.

9 (2) COVERAGE.—A cooperative agreement may

10 cover some or all of the responsibilities enumerated

11 in this paragraph and may cover some or all mineral

12 activities within a State.

13 (3) PERMITTING PROCESS.—

14 (A) IN GENERAL.—Under a cooperative

15 agreement, a State and the Secretary may

16 jointly permit mineral activity affecting Federal

17 lands.

18 (B) LEAD AGENCY.—The State and the

19 Secretary may decide that either the State or

20 the Secretary shall be the lead agency in the

21 permitting process.

22 (C) TIMELY DECISIONS.—The State may,

23 and the Secretary shall, make an independent

24 and timely decision regarding individual permit

25 applications under this Act.
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1 (4) LAND USE PLANNING AND SITING OF AC2 TIVITIES.—All decisions and reviews regarding Fed3 eral land use planning and the siting of mineral ac4 tivities shall be made by the Secretary.

5 (5) INSPECTIONS, MONITORING, AND ENFORCE6 MENT.—A cooperative agreement shall provide

7 that—

8 (A) the State may conduct inspections and

9 monitoring activities and take enforcement ac10 tions as necessary to obtain compliance with the

11 requirements of this Act; and

12 (B) the Secretary or the State, or both the

13 Secretary and the State, shall conduct at least

14 1 complete inspection each year for mineral ac15 tivity on Federal land and take any enforce16 ment action required by this Act if a violation

17 is observed during the inspection.

18 (6) FINANCIAL ASSURANCE.—

19 (A) BASIS OF CALCULATION; BOND.—

20 Under a cooperative agreement, the financial

21 assurance for reclamation shall be calculated

22 based on the completion of both Federal and

23 State reclamation requirements, and may be

24 held as a single bond payable to both the

25 United States and the State.
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1 (B) APPROVAL AND RELEASE.—

2 (i) FEDERAL LAND.—The approval

3 and release of a financial assurance shall

4 be by the Secretary for Federal land, ex5 cept when the mineral activity covered by

6 the assurance also affects land other than

7 Federal land, in which case the State shall

8 concur in the approval and release of the

9 assurance.

10 (ii) OTHER LAND.—The approval and

11 release of a financial assurance shall be by

12 a State for land other than Federal land,

13 except when the mining activity covered by

14 the assurance also affects land or an inter15 est in Federal land, in which case the Sec16 retary shall concur in the approval and re17 lease of the assurance.

18 (7) REIMBURSEMENT OF REGULATORY

19 COSTS.—If a cooperative agreement is entered into

20 under this subsection, the Secretary shall, subject to

21 the availability of appropriations, reimburse the

22 State for its regulatory costs in an amount approxi23 mating, but not exceeding, the amount that the Fed24 eral Government would have expended for such regu-
42

•S 639 IS

1 lation if the State had not entered into the coopera2 tive agreement.

3 (8) FAILURE OF PERFORMANCE.—

4 (A) IN GENERAL.—A cooperative agree5 ment under this subsection shall provide that—

6 (i) the Secretary may take appro7 priate action, which may include termi8 nation of a cooperative agreement, upon a

9 determination by the Secretary that State

10 performance under the agreement is not in

11 compliance with the agreement, this Act,

12 or implementing regulations; and

13 (ii) prior to taking any such action,

14 the Secretary shall provide notice to the

15 State and the State shall have a reasonable

16 time in which to comply with the agree17 ment, this Act, or implementing regula18 tions, as the case may be.

19 (9) TERMINATION BY THE STATE.—A State

20 may terminate a cooperative agreement under this

21 subsection upon notice to the Secretary.

22 (c) PRIOR AGREEMENTS.—Any cooperative agree23 ment or understanding between the Secretary and any

24 State related to the surface management of mineral activ25 ity on land subject to this Act that was in existence on
43

•S 639 IS

1 the date of enactment of this Act shall continue in force

2 after the effective date of this Act to the extent that the

3 agreement is consistent with the requirements of this Act.

4 SEC. 210. INSPECTION.

5 (a) ANNUAL INSPECTIONS.—

6 (1) IN GENERAL.—The Secretary (or in the

7 case of a State with which the Secretary has entered

8 into a cooperating agreement under section 209, the

9 Secretary and the State, under the terms of the co10 operative agreement) shall conduct a complete in11 spection of all mineral activity subject to a mining

12 permit at least once each year to ensure compliance

13 with the terms of the permit and the requirements

14 of this Act.

15 (2) ADDITIONAL INSPECTION.—The Secretary

16 may conduct inspections more frequently than once

17 a year.

18 (3) SEASONAL ACTIVITIES.—The Secretary may

19 modify the inspection frequency for a mineral activ20 ity that is conducted on a seasonal basis.

21 (b) REVEGETATION.—After revegetation has been es22 tablished in accordance with the approved plan, the Sec23 retary shall conduct at least 2 complete inspections annu24 ally until final release of the financial assurance.
44

•S 639 IS

1 SEC. 211. ENFORCEMENT.

2 (a) NOTICES OF NONCOMPLIANCE; CIVIL ACTIONS.—

3 (1) MANDATORY ACTION.—Subject to para4 graph (2), if the Secretary finds that a person has

5 failed to comply with a surface management require6 ment under this Act, the Secretary shall—

7 (A) issue a notice of noncompliance order8 ing the person to comply with the requirement;

9 or

10 (B) request the Attorney General to bring

11 a civil action in accordance with subsection (b).

12 (2) DISCRETIONARY ACTION.—

13 (A) IN GENERAL.—The Secretary may, but

14 is not required to, issue a notice of noncompli15 ance or bring a civil action under paragraph (1)

16 if—

17 (i) the failure to comply can be cor18 rected within 30 days;

19 (ii) the failure to comply is not caus20 ing and is not likely to cause environ21 mental harm;

22 (iii) the failure to comply is not 1 of

23 a series of intermittent failures to comply;

24 and

25 (iv) the Secretary has informed the

26 operator of the failure to comply.
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•S 639 IS

1 (B) CONTINUED NONCOMPLIANCE.—In the

2 case of a continued existence of a failure to

3 comply described in subparagraph (A) for 30

4 days after the Secretary informs the operator of

5 its existence, the Secretary shall file a notice of

6 noncompliance or request the Attorney General

7 to bring a civil action in accordance with sub8 section (b).

9 (3) CONTENTS OF NOTICE.—A notice of non10 compliance under paragraph (1)—

11 (A) shall state the nature of the failure to

12 comply;

13 (B) shall require compliance within a spec14 ified period of time that the Secretary deter15 mines to be reasonable; and

16 (C) may require specific abatement meas17 ures.

18 (4) EXTENSION OF TIME.—The Secretary may

19 extend the time specified a notice of noncompliance

20 for compliance for a period of time that the Sec21 retary determines to be reasonable, taking into ac22 count the seriousness of the failure to comply and

23 any good faith efforts to comply with applicable re24 quirements.
46

•S 639 IS

1 (5) ORDER TO CEASE ACTIVITY.—If the Sec2 retary finds that—

3 (A) a failure to comply has not been

4 abated within the time specified for compliance

5 in a notice of noncompliance; or

6 (B) a condition, practice, or failure to com7 ply with a surface management requirement is

8 causing or can reasonably be expected to cause

9 an imminent danger to the health or safety of

10 the public or significant, imminent harm to

11 land, air, water, fish, or wildlife resources,

12 the Secretary shall immediately order cessation of all

13 mineral activities or of the mineral activity that is

14 related to the condition, practice, or failure to com15 ply and shall order abatement of the condition, prac16 tice, or failure to comply.

17 (6) FAILURE TO ABATE NONCOMPLIANCE.—If a

18 person conducting mineral activity subject to surface

19 management requirement under this Act fails to

20 abate a material failure to comply or defaults on a

21 material term of a permit, the Secretary shall—

22 (A) effect a forfeiture of the financial as23 surance for the permit as necessary to ensure

24 abatement and reclamation under this Act; or
47

•S 639 IS

1 (B) prescribe conditions under which a

2 surety may perform abatement or reclamation

3 in accordance with the approved plan.

4 (b) CIVIL ACTIONS.—At the request of the Secretary,

5 the Attorney General may institute a civil action in the

6 district court of the United States for any district in which

7 the affected operation or defendant is located for a tem8 porary restraining order, injunction, or other appropriate

9 remedy to enforce any provision of this Act, any regulation

10 or order issued under this Act, or any permit issued pursu11 ant to this Act.

12 (c) CIVIL PENALTIES.—

13 (1) IN GENERAL.—A person that fails to com14 ply with any provision of this Act or any permit,

15 regulation, or order issued under this Act, shall be

16 liable for a civil penalty of not more than $7,500 for

17 each day of the continuance of the failure.

18 (2) OPPORTUNITY FOR CORRECTIVE ACTION;

19 HEARING.—

20 (A) IN GENERAL.—No penalty shall be as21 sessed under paragraph (1) until the person

22 charged with a failure of compliance has been

23 given—
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•S 639 IS

1 (i) notice of the failure and a reason2 able period of time in which to take correc3 tive action; and

4 (ii) an opportunity for a hearing.

5 (B) IMMEDIATE ASSESSMENT OF PEN6 ALTY.—If a failure described in paragraph (1)

7 constitutes a threat of serious, irreparable, or

8 immediate harm or damage to life (including

9 fish and wildlife), property (including a mineral

10 deposit), or the environment, a civil penalty

11 may be assessed without allowing time for cor12 rective action under subparagraph (B)(i).

13 (d) CRIMINAL PENALTIES.—

14 (1) OFFENSE.—A person who knowingly and

15 willfully—

16 (A) violates any provision of this Act or of

17 any permit, regulation, or order issued under

18 this Act;

19 (B) makes a false statement, representa20 tion, or certification or omits or conceals mate21 rial information in an application, record, re22 port, or other document filed or required to be

23 maintained under this Act; or

24 (C) falsifies, tampers with, or renders inac25 curate or fails to utilize any monitoring device
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•S 639 IS

1 or method of record required to be maintained

2 under this Act,

3 shall be fined under title 18, United States Code,

4 imprisoned not more than 2 years, or both.

5 (2) CONSIDERATION OF AGGRAVATING FAC6 TORS.—In determining the punishment for a viola7 tion, a court shall consider, among other things—

8 (A) in the case of a violation described in

9 paragraph (1)(A), whether the provision that

10 was violated was a provision designed to protect

11 health, safety, or the environment or conserve

12 natural resources or that is related to the col13 lection of royalties;

14 (B) in the case of a violation described in

15 paragraph (1) (B) or (C), the expense or dif16 ficulty of detecting a violation of the kind con17 cerned.

18 (3) CONTINUING VIOLATION.—Each day that a

19 violation under paragraph (1) continues, or each day

20 that any monitoring device or data recorder remains

21 inoperative or inaccurate because of any activity de22 scribed in paragraph (1)(C), shall constitute a sepa23 rate offense.

24 (e) LIABILITY OF CORPORATE OFFICERS AND

25 AGENTS FOR VIOLATIONS BY CORPORATION.—If a cor-
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•S 639 IS

1 poration or other entity commits an offense under sub2 section (d), any officer or agent of the corporation or en3 tity who knowingly and willfully authorized, ordered, or

4 carried out the offense shall be subject to the penalties

5 prescribed by subsection (d).

6 SEC. 212. ADMINISTRATIVE REVIEW.

7 (a) NOTICE OF NONCOMPLIANCE.—

8 (1) IN GENERAL.—A recipient of a notice of

9 noncompliance under section 211(a)(1) or any per10 son that may become ineligible to receive a permit

11 as a result of the issuance of the notice may apply

12 to the Secretary for review of the notice within 30

13 days after receipt of the notice, or, if the notice is

14 modified, within 30 days after receiving notice of the

15 modification.

16 (2) ASSESSMENT OF PENALTY.—Any person as17 sessed a civil penalty under this Act may apply to

18 the Secretary for review of the assessment within 30

19 days after receiving notice of the assessment.

20 (b) HEARING.—At the request of a recipient of a no21 tice of noncompliance under section 211(a)(1) or of a per22 son that may become ineligible to receive a permit as a

23 result of the issuance of the notice, the Secretary shall

24 provide an opportunity for a hearing on the record .

25 (c) TEMPORARY RELIEF.—
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•S 639 IS

1 (1) REQUEST.—Pending completion of a review

2 proceeding under subsection (a), a recipient of a no3 tice of noncompliance under section 211(a)(1) or of

4 a person that may become ineligible to receive a per5 mit as a result of the issuance of the notice may file

6 with the Secretary a written request that the Sec7 retary grant temporary relief from the notice, which

8 request shall include a detailed statement giving rea9 sons why granting such relief would be appropriate.

10 (2) EXPEDITIOUS ORDER.—The Secretary shall

11 expeditiously issue an order granting or denying a

12 request under paragraph (1).

13 SEC. 213. JUDICIAL REVIEW.

14 (a) RULEMAKING.—

15 (1) IN GENERAL.—Any final action of the Sec16 retary that constitutes rulemaking to implement this

17 Act shall be subject to judicial review only in the

18 United States Court of Appeals for the District of

19 Columbia.

20 (2) TIME FOR REVIEW.—A petition for review

21 of a rulemaking action under paragraph (1) shall be

22 filed within 60 days after the date of the action, or

23 after that date if the petition is based solely on

24 grounds arising after the 60th day.
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•S 639 IS

1 (b) OTHER AGENCY ACTION.—A final agency action

2 under this Act other than an action described in sub3 section (a) shall be subject to judicial review in the district

4 courts of the United States on or before 60 days after

5 the date of the action, or after that date if the petition

6 is based solely on grounds arising after the 60th day.

7 (c) RECORD.—The court shall hear any petition or

8 complaint filed under this subsection solely on the record

9 made before the Secretary.

10 TITLE III—ROYALTIES

11 SEC. 301. ROYALTIES.

12 (a) RESERVATION OF ROYALTY.—

13 (1) IN GENERAL.—Production of locatable min14 erals, including mineral concentrates and products

15 derived from locatable minerals, shall be subject to

16 the payment of a royalty on the gross value of the

17 first marketable product.

18 (2) GOLD.—The royalty on gold production

19 subject to this Act shall be 3 percent of the gross

20 value of the first marketable product.

21 (3) MINERAL OTHER THAN GOLD.—

22 (A) IN GENERAL.—The royalty on mineral

23 production subject to this Act other than gold

24 production shall be 2 percent of the gross value

25 of the first marketable product.
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•S 639 IS

1 (B) WAIVER.—If the Secretary of the Inte2 rior determines that the Secretary’s cost of ac3 counting for and collecting a royalty for any

4 mineral other than gold exceeds or is likely to

5 exceed the amount of royalty to be collected, the

6 Secretary shall waive the royalty.

7 (4) EFFECTIVE DATE.—

8 (A) IN GENERAL.—The royalty required

9 under this section shall take effect with respect

10 to production on or after the first day of the

11 first month following the date of enactment of

12 this Act.

13 (B) PHASE-IN.—The royalty payments re14 quired under this section shall be reduced—

(i) by 662 15 ⁄3 percent for the first 12

16 months following the date of enactment of

17 this Act for which royalties are due on pro18 duction pursuant to this Act; and

(ii) by 331 19 ⁄3 percent for the second 12

20 months for which royalties are due on pro21 duction pursuant to this Act.

22 (C) TIME FOR PAYMENT.—Any royalty

23 payment attributable to production during the

24 first 12 calendar months after the date of en25 actment of this Act, after any reduction under
54

•S 639 IS

1 paragraph (B), shall be due on the date that is

2 12 months after the date of enactment of this

3 Act.

4 (D) NO MARKETABLE QUANTITY PRIOR TO

5 DATE OF ENACTMENT.—For a claim, group of

6 claims, or patents comprising an operation that

7 has not produced a marketable quantity prior

8 to the date of enactment of this Act, the royalty

9 payments required pursuant to this section

10 shall be reduced—

(i) by 662 11 ⁄3 percent for the first 12

12 months for which royalties are due on pro13 duction pursuant to this Act; and

(ii) by 331 14 ⁄3 percent for the second 12

15 months for which royalties are due on pro16 duction pursuant to this Act.

17 (5) ROYALTY REDUCTION FOR MARGINAL OPER18 ATIONS.—

19 (A) APPLICATION.—A person that is re20 quired to make a royalty payment under this

21 section may apply to the Secretary for a reduc22 tion in royalty if the payor can demonstrate

23 that payment of the royalty would preclude re24 covery of costs of production (including invested

25 capital over the remaining life of the operation)
55

•S 639 IS

1 for a claim, group of claims, or patents com2 prising an operation.

3 (B) PROJECTED REVENUES.—For the pur4 poses of an application under subparagraph

5 (A), projected revenues shall be calculated using

6 the operator’s current and projected rates of

7 production at the average price for the preced8 ing 12 months.

9 (C) DEFINITION.—In this paragraph, the

10 term ‘‘costs of production’’ means—

11 (i) operating and maintenance costs of

12 mining, crushing, milling, smelting, refin13 ing, and transporting the production of a

14 mining operation; and

15 (ii) depreciation and amortization,

16 general and administrative costs, and

17 taxes, that are directly attributable to that

18 production.

19 (D) COSTS EXCEEDING REVENUES.—If the

20 costs of production for an operation exceed the

21 projected revenues, the Secretary shall waive in

22 full the payment of any royalty.

23 (E) REVENUES EXCEEDING COSTS.—If the

24 revenues projected for an operation exceed the

25 costs of production by less than the full royalty
56

•S 639 IS

1 under this section, the royalty rate shall be re2 duced in accordance with the following:

Revenues net of costs as a percentage of total revenues

Royalty rate

reduction (percent)

Less than 1% .............................................................................. 100

1% or more but less than 2% .................................................... 80

2% or more but less than 3% .................................................... 60

3 (F) TIME FOR FINAL ACTION ON APPLICA4 TION.—Within 180 days after the filing of an

5 application under subparagraph (A), the Sec6 retary shall take final action determining

7 whether the application meets the test described

8 in that subparagraph.

9 (G) JUDICIAL REVIEW.—A determination

10 by the Secretary under subparagraph (F) shall

11 be judicially reviewable under section 702 of

12 title 5, United States Code, only for actions

13 filed within 30 days after the Secretary’s deter14 mination.

15 (H) ANNUAL FILING OF DATA.—If a re16 duction in royalty is provided under this para17 graph, the royalty payor shall file cost and reve18 nue data with the Secretary annually during the

19 period of royalty waiver or reduction.
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•S 639 IS

1 (I) PERIODIC REVIEW.—The Secretary

2 shall review the conditions that supported a re3 duction in royalty not less often than every 5

4 years to determine whether to continue, modify,

5 or terminate the reduction.

6 (J) SUSPENSION OF FILING REQUIRE7 MENT.—If the Secretary determines that the

8 conditions of a specific operation so warrant,

9 the Secretary may suspend the requirement for

10 an annual filing under subparagraph (H).

11 (K) FURTHER JUDICIAL REVIEW.—Any

12 determination by the Secretary to continue,

13 modify, or terminate relief shall be judicially

14 reviewable only as provided in subparagraph

15 (F).

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

17 TRANSPORTERS.—A person that is required to make a

18 royalty payment under this section shall make the pay19 ment to the United States at such time and in such man20 ner as the Secretary of the Interior may by rule prescribe.

21 (c) RECORDKEEPING AND REPORTING REQUIRE22 MENTS.—

23 (1) IN GENERAL.—A claim holder, operator, or

24 other person directly involved in the conduct of min25 eral activity, transportation, purchase, or sale of
58

•S 639 IS

1 locatable minerals, concentrates, or products derived

2 therefrom that are subject to this Act, through the

3 point of royalty computation shall establish and

4 maintain any records, make any reports, and provide

5 any information that the Secretary of the Interior

6 may reasonably require for the purposes of imple7 menting this section or determining compliance with

8 rules or orders under this section.

9 (2) DISCLOSURE.—At the request of any person

10 duly designated by the Secretary of the Interior con11 ducting an audit or investigation under this Act, the

12 appropriate records, reports, or information that

13 may be required by this section shall be made avail14 able for inspection and duplication by that person.

15 (3) TIME PERIOD.—

16 (A) IN GENERAL.—A record required by

17 the Secretary of the Interior under this section

18 shall be maintained for 6 years after the

19 records are generated unless the Secretary noti20 fies the recordholder that the Secretary has ini21 tiated an audit or investigation involving the

22 records and that the records must be main23 tained for a longer period.

24 (B) PENDING AUDIT OR INVESTIGATION.—

25 In any case in which an audit or investigation
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•S 639 IS

1 is pending, a record shall be maintained until

2 the Secretary releases the recordholder from the

3 obligation to maintain the records.

4 (d) INTEREST ASSESSMENTS.—If a royalty payment

5 is not received by the Secretary of the Interior on the date

6 on which the payment is due, or if the payment is made

7 in an amount that is less than the amount due, the Sec8 retary shall charge interest on the unpaid amount at the

9 interest rate applicable under section 6621(a)(2) of the

10 Internal Revenue Code of 1986.

11 (e) HEARINGS AND INVESTIGATIONS.—The authori12 ties provided to the Secretary of the Interior under section

13 107 of the Federal Oil and Gas Royalty Management Act

14 of 1982 (30 U.S.C. 1717) shall be available to the Sec15 retary of the Interior in carrying out this section.

16 TITLE IV—ABANDONED LOCAT17 ABLE MINERALS MINE REC18 LAMATION FUND

19 SEC. 401. ABANDONED LOCATABLE MINERALS MINE REC20 LAMATION.

21 (a) ESTABLISHMENT.—There is established in the

22 Treasury of the United States a fund to be known as the

23 Abandoned Locatable Minerals Mine Reclamation Fund

24 (referred to in this title as the ‘‘Fund’’).
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•S 639 IS

1 (b) ADMINISTRATION.—The fund shall be adminis2 tered by the Secretary of the Interior.

3 (c) AMOUNTS.—Amounts equal to the amounts of all

4 royalties collected under this Act shall be transferred to

5 the Fund.

6 (d) INVESTMENTS.—

7 (1) CERTIFICATION.—At least once annually,

8 the Secretary of the Interior shall submit to the Sec9 retary of the Treasury a certification stating the

10 amount of any portion of the Fund that is not, in

11 the Secretary’s judgment, needed to meet current

12 withdrawals.

13 (2) INVESTMENT.—The Secretary of the Treas14 ury shall invest the portion of the Fund that, as cer15 tified by the Secretary of the Interior, is not needed

16 to meet current withdrawals, in public debt securi17 ties with maturities suitable for the needs of such

18 Fund and bearing interest at rates determined by

19 the Secretary of the Treasury, taking into consider20 ation current market yields on outstanding market21 place obligations of the United States of comparable

22 maturities.

23 (3) INCOME.—The income on such investments

24 shall be credited to the Fund.

25 (e) FINANCIAL REPORTING.—
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•S 639 IS

1 (1) IN GENERAL.—The Secretary of the Inte2 rior, in consultation with the Secretary of Agri3 culture, shall submit an annual report to Congress

4 and affected States and Indian tribes.

5 (2) CONTENTS.—The report shall identify—

6 (A) receipts of the Fund, including the

7 amount from each State or Indian tribe or

8 other source of receipts; and

9 (B) expenditures from the Fund, including

10 amounts allocated to each State, Indian tribe,

11 or Federal agency, and projects undertaken.

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

13 (a) IN GENERAL.—In addition to the general purpose

14 of carrying out this Act, as authorized by section 405(b),

15 amounts in the Fund may be used for the purpose of con16 ducting reclamation of land and water resources adversely

17 affected by past mineral activity, including—

18 (1) prevention, abatement, treatment, and con19 trol of water pollution created by abandoned mine

20 drainage;

21 (2) reclamation of abandoned surface and un22 derground mined areas;

23 (3) reclamation of abandoned milling and proc24 essing areas;
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•S 639 IS

1 (4) backfilling, sealing, or otherwise controlling

2 abandoned underground mine entries;

3 (5) revegetation of land adversely affected by

4 past mineral activities to prevent erosion and sedi5 mentation and enhance wildlife habitat;

6 (6) control of surface subsidence caused by the

7 presence of abandoned underground mines;

8 (7) disbursement to the Secretary of Agri9 culture to accomplish the purposes of this title; and

10 (8) the making of grants to States and Indian

11 tribes to accomplish the purposes of this title, which

12 may include reasonable administrative expenses of

13 each State or Indian tribe to develop, establish, and

14 administer its reclamation plan and to carry out the

15 purposes of this title.

16 (b) PRIORITIES.—

17 (1) IN GENERAL.—Expenditures from the Fund

18 shall reflect the following priorities, in the order

19 stated except as provided in paragraph (2).

20 (A) EXTREME DANGER.—Protection of

21 public health, safety, general welfare, and prop22 erty from extreme danger from the adverse ef23 fects of past mineral activity.

24 (B) ADVERSE EFFECTS.—Protection of

25 public health, safety, general welfare, and prop-
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•S 639 IS

1 erty from the adverse effects of past mineral ac2 tivity.

3 (C) DEGRADATION.—The restoration of

4 land, water, and fish and wildlife resources de5 graded by the adverse effects of past mineral

6 activity.

7 (2) COMBINATION OF PRIORITIES.—When it is

8 feasible and appropriate, a combination of the prior9 ities stated in paragraph (1) may be made in order

10 to achieve more cost-effective full-site or full-drain11 age restoration.

12 (3) CONSIDERATIONS.—In allocating expendi13 tures from the Fund to meet the priorities stated in

14 paragraph (1), the Secretary shall consider the geo15 graphic area from which revenue was derived and

16 the historic locatable minerals production of a State

17 or Indian tribe.

18 (c) OTHER AFFECTED LANDS.—Where mineral ex19 ploration, mining, beneficiation, processing, or reclamation

20 activity has been carried out on non-Federal land with re21 spect to any mineral that would be a locatable mineral

22 if the mineral were situated on Federal lands, the Sec23 retary may make amounts in the Fund available to States

24 and Indian tribes for reclamation under subsection (a) for
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•S 639 IS

1 all such non-Federal lands that directly affect Federal

2 land or water resources.

3 (d) RESPONSE ACTIONS.—After appropriate con4 sultation with the Administrator of the Environmental

5 Protection Agency, the Secretary shall ensure that rec6 lamation activities under this title are consistent with ap7 plicable Federal law.

8 SEC. 403. ELIGIBLE LANDS AND WATERS.

9 (a) ELIGIBILITY.—

10 (1) IN GENERAL.—Reclamation expenditures

11 under this title may be made only with respect to

12 Federal lands, Indian lands, and other lands or

13 water resources that traverse, are contiguous to, or

14 directly affect Federal or Indian lands or water re15 sources, where such lands or water resources—

16 (A) have been affected by past mineral ex17 ploration, mining, beneficiation, processing, or

18 reclamation activity for locatable minerals or

19 for any mineral that would be a locatable min20 eral if the mineral were situated on Federal

21 lands; and

22 (B)(i) were used for or affected by mineral

23 exploration, mining, beneficiation, processing,

24 or reclamation activities for locatable minerals,

25 or for any mineral that would be a locatable
65

•S 639 IS

1 mineral if the mineral were situated on Federal

2 lands, and abandoned or left in an inadequate

3 reclamation status before the date of enactment

4 date of this Act; and

5 (ii) are lands and water resources for

6 which the Secretary makes a determination that

7 reclamation should be undertaken notwithstand8 ing any opportunities for enforcement of con9 tinuing reclamation or remediation responsibil10 ities of a claim holder, operator, or other person

11 who abandoned the site prior to completion of

12 required reclamation under Federal or State

13 law.

14 (2) PURPOSE AND EFFECT OF DETERMINA15 TION.—Any determination under paragraph

16 (1)(B)(ii) shall be made solely for the purpose of de17 termining eligibility of the site to receive monies

18 from the Fund and shall have no effect on the liabil19 ity of any person in an administrative or judicial ac20 tion under any law.

21 (b) RELEASE OF FINANCIAL ASSURANCE.—

22 (1) EFFECT OF MINERAL ACTIVITY.—The con23 duct of mineral activity on land eligible for reclama24 tion under this title shall not affect the eligibility of

25 the land for reclamation under this title after the re-
66

•S 639 IS

1 lease of the financial assurance for the mineral ac2 tivity.

3 (2) FORFEITURE OF FINANCIAL ASSURANCE.—

4 If the financial assurance for mineral activity on

5 land otherwise eligible for reclamation is forfeited,

6 funds available under this title may be used if the

7 amount of such financial assurance is not sufficient

8 to provide for adequate reclamation or abatement.

9 (c) RECOVERED FUNDS.—

10 (1) USE.—Any funds recovered by the Sec11 retary under other Federal or State law with regard

12 to a site shall be used to offset the cost of reclama13 tion performed under this Act to the extent ex14 pended at that site consistent with those laws, and

15 shall be deposited in the Fund.

16 (2) COORDINATION.—To the extent that a

17 cause of action exists under State law under which

18 either the Secretary or the State affected may re19 cover funds with regard to a site, the Secretary shall

20 coordinate with the State before initiating an action.

21 (d) SPECIFIC SITES AND AREAS NOT ELIGIBLE.—

22 Sites and areas designated for remedial action pursuant

23 to the Uranium Mill Tailings Radiation Control Act of

24 1978 (42 U.S.C. 7901 et seq.) or listed for remedial action

25 pursuant to the Comprehensive Environmental Response
67

•S 639 IS

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

2 et seq.) shall not be eligible for expenditures from the

3 Fund under this title.

4 (e) PRIORITY RECLAMATION PROJECTS.—The Sec5 retary of the Interior, in coordination with the Secretary

6 of Agriculture for land under the jurisdiction of the Sec7 retary of Agriculture, and in consultation with States, In8 dian tribes, and other Federal agencies, as appropriate,

9 shall prepare and maintain an appropriate summary of

10 priority reclamation projects intended to address the rec11 lamation of abandoned locatable mineral mines on Federal

12 land and abandoned mines on Indian land that may be

13 eligible for expenditures under this title.

14 SEC. 404. FUND EXPENDITURES.

15 (a) EXPENDITURES.—

16 (1) STATES AND INDIAN TRIBES.—

17 (A) COOPERATIVE AGREEMENTS;

18 GRANTS.—Amounts may be expended from the

19 Fund for the purposes specified in section 402

20 by the Secretary through—

21 (i) cooperative agreements with States

22 and Indian tribes for the purpose of carry23 ing out specific reclamation projects; and

24 (ii) grants under subsection (b) or (c).
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•S 639 IS

1 (B) ENCOURAGEMENT OF COOPERATIVE

2 AGREEMENTS.—The Secretary shall encourage

3 cooperative reclamation efforts with States and

4 with Indian tribes.

5 (2) FEDERAL OFFICERS.—The Secretary of the

6 Interior may make amounts in the fund available for

7 the purpose of carrying out specific reclamation

8 projects to the Director of the Bureau of Land Man9 agement, the Director of the National Park Service,

10 Director of the United States Fish and Wildlife

11 Service, or to the head of any other agency of the

12 United States.

13 (3) LAND UNDER THE JURISDICTION OF THE

14 SECRETARY OF AGRICULTURE.—

15 (A) IN GENERAL.—The Secretary of the

16 Interior shall make amounts in the fund avail17 able for the purposes specified in section 402 to

18 the Secretary of Agriculture, who shall have

19 sole authority to expend moneys made available

20 from the Fund for projects on land under the

21 jurisdiction of the Secretary of Agriculture.

22 (B) PROJECTS AFFECTING LAND UNDER

23 THE JURISDICTION OF THE SECRETARY OF AG24 RICULTURE.—The Secretary of the Interior

25 shall obtain the concurrence of the Secretary of
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•S 639 IS

1 Agriculture for projects that directly affect land

2 under the jurisdiction of the Secretary of

3 Agriculture.

4 (C) PROJECTS AFFECTING LANDS MAN5 AGED BY THE SECRETARY OF THE INTERIOR.—

6 The Secretary of Agriculture shall obtain the

7 concurrence of the Secretary of the Interior for

8 projects on land under the jurisdiction of the

9 Secretary of Agriculture that directly affect

10 lands managed by the Secretary of the Interior.

11 (b) GRANTS TO STATES AND INDIAN TRIBES WITH

12 APPROVED ABANDONED MINE RECLAMATION PRO13 GRAMS.—In the case of a State or Indian tribe with an

14 approved abandoned mine reclamation program under sec15 tion 405 of the Surface Mining Control and Reclamation

16 Act of 1977 (30 U.S.C. 1235), a grant to that State or

17 Indian Tribe made pursuant to subsection (a) may be

18 made as a supplement to a grant received by the State

19 or Indian tribe under section 402(g)(1) of that Act (30

20 U.S.C. 1232(g)(1)).

21 (c) GRANTS TO STATES AND INDIAN TRIBES WITH22 OUT APPROVED ABANDONED MINE RECLAMATION PRO23 GRAMS.—

24 (1) SUBMISSION OF RECLAMATION PLANS.—A

25 State or Indian tribe that does not qualify to receive
70

•S 639 IS

1 a grant under subsection (b) but has within its

2 boundaries lands or waters that are eligible lands or

3 waters under section 404 of the Surface Mining

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

5 1234) may submit a reclamation plan to the Sec6 retary of the Interior for approval.

7 (2) APPROVAL.—If the Secretary of the Interior

8 finds, in accordance with standards set forth by reg9 ulation, that a State or Indian tribe has the ability

10 and the necessary legislation to carry out a reclama11 tion plan, the Secretary shall approve the reclama12 tion plan and make the State or Indian tribe eligible

13 to receive annual grants under this title.

14 (3) PLANS AFFECTING LAND UNDER THE JU15 RISDICTION OF THE SECRETARY OF AGRI16 CULTURE.—Prior to approval of a plan that may in17 volve projects on land under the jurisdiction of the

18 Secretary of Agriculture, the Secretary of the Inte19 rior shall obtain the concurrence of the Secretary of

20 Agriculture.

21 (d) LIABILITY.—

22 (1) IN GENERAL.—No State, or a contractor for

23 the State engaged in approved reclamation work

24 under this title, or any other entity authorized by a

25 State to conduct approved reclamation activity, shall
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•S 639 IS

1 be liable under any Federal law for any costs or

2 damages as a result of action taken or omitted in

3 the course of carrying out reclamation pursuant to

4 this section unless the act or omission constitutes

5 gross negligence or intentional misconduct.

6 (2) GROSS NEGLIGENCE.—For the purposes of

7 paragraph (1), reckless, willful, or wanton mis8 conduct constitutes gross negligence.

9 SEC. 405. APPROPRIATIONS AND SPENDING AUTHORITY.

10 (a) OBRA RECEIPTS.—The Secretary and, for land

11 under the jurisdiction of the Secretary of Agriculture, the

12 Secretary of Agriculture, may, subject to the availability

13 of appropriations, use the receipts of fees paid under sec14 tions 10101 and 10102 of the Omnibus Budget Reconcili15 ation Act of 1993 (30 U.S.C. 28f, 28g) for payment of

16 the costs of carrying out this Act.

17 (b) AVAILABILITY OF FUNDS.—Amounts transferred

18 and credited to the Fund under section 401 are appro19 priated for the purpose of carrying out this Act and are

20 made available for expenditure by the Secretary of the In21 terior and, for land under the jurisdiction of the Secretary

22 of Agriculture, by the Secretary of Agriculture.
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•S 639 IS

1 TITLE V—TRANSITION RULES

2 SEC. 501. TRANSITION RULES FOR MINING CLAIMS.

3 (a) NEW CLAIMS.—Notwithstanding any other law,

4 any mining claim that is located on or after the date of

5 enactment of this Act shall be subject to—

6 (1) this Act;

7 (2) the Multiple Mineral Development Act of

8 1954 (30 U.S.C. 521 et seq.);

9 (3) the Materials Act of 1947 (30 U.S.C. 601

10 et seq.); and

11 (4) the Surface Resources Act of 1955 (30

12 U.S.C. 611–615).

13 (b) PREEXISTING CLAIMS.—

14 (1) IN GENERAL.—Except as provided in para15 graph (2) and in section 503, any unpatented min16 ing claim, mill site, or tunnel site that was located

17 and maintained under the general mining laws in ef18 fect on the day preceding the date of enactment of

19 this Act shall be subject to—

20 (A) the claim maintenance fee provisions

21 set forth in section 103; and

22 (B) the provisions of this Act as though it

23 were a mining claim under this Act.

24 (2) EXCEPTION.—A mining claim, mill site, or

25 tunnel site described in subparagraph (A) shall not
73

•S 639 IS

1 be subject to section 101(h)(2) or to the acreage

2 limitation set forth in section 1(6) and there shall

3 continue to be a distinction made as to whether such

4 a mining claim was originally located as a lode or

5 placer claim.

6 SEC. 502. QUALIFICATIONS FOR FEE SIMPLE PATENTS.

7 (a) MINING CLAIMS.—

8 (1) ISSUANCE OF PATENTS.—After the date of

9 enactment of this Act, patents shall be issued by the

10 United States only pursuant to section 106 of this

11 Act unless, in the case of a claim that was located

12 and maintained under the general mining laws (in13 cluding the claim maintenance requirements of those

14 laws) in effect on the day preceding the date of en15 actment of this Act—

16 (A) a patent application was filed by the

17 claim holder with the Secretary before the date

18 of enactment of this Act; and

19 (B) all requirements established under sec20 tions 2325 and 2326 of the Revised Statutes

21 (30 U.S.C. 29, 30) for vein or lode claims and

22 sections 2329, 2330, 2331, and 2333 of the Re23 vised Statues (30 U.S.C. 35, 36, 37) for placer

24 claims were fully complied with by the applicant

25 by that date.
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•S 639 IS

1 (2) PATENT UNDER PRIOR LAW.—If the Sec2 retary, before, on, or after the date of enactment of

3 this Act determines that an applicant meets the re4 quirements of subparagraph (1), the applicant shall

5 be entitled to the issuance of a patent in accordance

6 with the law in effect on the day preceding the date

7 of enactment of this Act.

8 (b) MILL SITES.—

9 (1) ISSUANCE OF PATENTS.—After the date of

10 enactment of this Act, a patent for a mill site that

11 was located and maintained under the general min12 ing laws in effect on the day preceding the date of

13 enactment of this Act and maintained in accordance

14 with section 103 shall be issued if—

15 (A) a patent application was filed by the

16 claim holder with the Secretary before the date

17 of enactment of this Act; and

18 (B) all requirements applicable to the pat19 ent application were fully complied with by that

20 date.

21 (2) PATENT UNDER PRIOR LAW.—If the Sec22 retary, before, on, or after the date of enactment of

23 this Act determines that an applicant meets the re24 quirements of subparagraph (1), the applicant shall

25 be entitled to the issuance of a patent in accordance
75

•S 639 IS

1 with the law in effect on the day preceding the date

2 of enactment of this Act.

3 SEC. 503. TRANSITION RULES FOR SURFACE MANAGEMENT.

4 (a) PLANS OF OPERATION OR NOTICES NOT SUBMIT5 TED ON OR AFTER MARCH 27, 1995.—

6 (1) IN GENERAL.—Mineral activity for which a

7 plan of operations or a notice under the general min8 ing laws have not been filed prior to March 28,

9 1995, shall be subject to the requirements and

10 standards of title II.

11 (2) INTERIM PROVISION.—Until regulations to

12 implement sections 203, 204, 205, 206, 207, and

13 208 become effective, mineral activity described in

14 paragraph (1) shall be subject to the law in effect

15 prior to enactment of this Act, and inspection and

16 enforcement under sections 210 and 211 during that

17 period shall apply based upon standards applicable

18 to such activities prior to the enactment date of this

19 Act.

20 (3) DELAYED EFFECTIVENESS.—The Secretary

21 shall determine when regulations, or portions there22 of, implementing sections 203, 204, 205, 206, 207,

23 and 208 become effective, but in no event shall the

24 effective dates be later than 1 year following publica25 tion of final rules in the Federal Register.
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•S 639 IS

1 (b) PLANS OF OPERATION OR NOTICES SUBMITTED

2 OR APPROVED PRIOR TO MARCH 27, 1995.—

3 (1) PLANS OF OPERATIONS.—

4 (A) DELAY IN APPLICATION OF ACT.—If a

5 plan of operations (including modifications or

6 amendments made thereto) was approved prior

7 to March 28, 1995, for a period of 6 years fol8 lowing the date of enactment of this Act, min9 eral activity at the site shall be subject to the

10 plan of operations (including modifications or

11 amendments submitted or approved prior to

12 March 28, 1995, and minor modifications or

13 minor amendments made after the date of en14 actment of this Act, approval of which shall be

15 determined in accordance with the law applica16 ble prior to enactment of this Act).

17 (B) APPLICATION OF ACT.—After the 6-

18 year period described in subparagraph (A), the

19 requirements of title II and the provisions of

20 paragraph (3) of this subsection relating to

21 variances shall apply to mineral activity de22 scribed in subparagraph (A).

23 (2) NOTICES.—

24 (A) DELAY IN APPLICATION OF ACT.—If a

25 notice was submitted prior to March 28, 1995,
77

•S 639 IS

1 for a period of 1 year following the effective

2 date of regulations implementing sections 203,

3 204, 205, 206, 207, and 208, mineral activity

4 at the site shall be subject to that notice.

5 (B) APPLICATION OF ACT.—After the 1-

6 year period described in subparagraph (A) the

7 requirements of title II and the provisions of

8 paragraph (3) of this section shall apply to min9 eral activity described in subparagraph (A).

10 (3) COMPLIANCE WITH THIS ACT.—

11 (A) SUBMISSION TO THE SECRETARY.—

12 Upon the effective dates of regulations to imple13 ment sections 203, 204, 205, 206, 207, and

14 208, the operator shall have 1 year in which to

15 submit to the Secretary a description of oper16 ation and reclamation measures being under17 taken at the site, together with an explanation

18 whether those operation and reclamation meas19 ures comply with the standards of this Act and

20 regulations promulgated under this Act.

21 (B) DETERMINATION OF NO SUBSTANTIAL

22 COMPLIANCE.—Upon a determination by the

23 Secretary that the reclamation measures of an

24 operator are not in substantial compliance with
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•S 639 IS

1 the standards implementing title III, the opera2 tor shall—

3 (i) make the necessary changes by the

4 date that is 6 years after the date of enact5 ment of this Act, or, for operations con6 ducted under notice, such lesser period as

7 the Secretary may determine, in accord8 ance with applicable procedures; or

9 (ii) apply for a variance from the rec10 lamation requirements under this Act.

11 (C) VARIANCES.—The Secretary shall

12 grant a variance if an operator demonstrates

13 that the changes necessary for compliance are

14 economically or physically impracticable, unless

15 the Secretary determines that the variance is

16 likely to pose a significant threat to public

17 health or safety or to the environment.

18 (4) FINANCIAL ASSURANCE.—

19 (A) DETERMINATION.—The Secretary

20 shall determine whether a financial assurance

21 exists or is in compliance with this Act during

22 the period beginning on the date of enactment

23 of this Act and ending on the date on which

24 regulations implementing section 205 become

25 effective.
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•S 639 IS

1 (B) NO FINANCIAL ASSURANCE OR FINAN2 CIAL ASSURANCE NOT IN COMPLIANCE.—If the

3 Secretary finds that financial assurances do not

4 exist or are not in substantial compliance with

5 this Act, the operator shall, not later than 180

6 days after the date on which regulations imple7 menting section 205 become effective, obtain

8 and maintain a financial assurance that is in

9 substantial compliance with this Act.

10 (c) EXCLUSION.—Claims for which the Secretary of

11 the Interior has determined a right to patent under law

12 existing prior to the date of enactment of this Act has

13 vested under section 502 shall not be subject to title II

14 or title III.

15 TITLE VI—ADMINISTRATIVE

16 PROVISIONS

17 SEC. 601. EFFECT ON OTHER LAWS.

18 (a) GENERAL MINING LAWS.—This Act supersedes

19 the general mining laws to the extent that those laws are

20 inconsistent with this Act.

21 (b) OTHER LAWS.—Except for the general mining

22 laws, nothing in this Act shall be construed to supersede,

23 modify, amend, or repeal any other Federal law, or any

24 State law that carries out a function delegated to the State
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1 under Federal law, that is not expressly superseded, modi2 fied, amended, or repealed by this Act.

3 (c) WATER QUANTITY LAWS.—Nothing in this Act

4 shall be construed to supersede any State law with respect

5 to water quantity.

6 (d) LAWS RELATING TO SURFACE MANAGEMENT.—

7 (1) NO SUPERSEDURE.—Nothing in this Act

8 shall be construed to supersede any generally appli9 cable law, regulation, or requirement of any State

10 relating to surface management to the extent that

11 such law, regulation, or requirement is at least as

12 stringent as the requirements of this Act.

13 (2) CONSISTENCY WITH THIS ACT.—Any gen14 erally applicable surface management requirement in

15 State law or regulation that meets or exceeds the re16 quirements of this Act shall be construed to be con17 sistent with the requirements of this Act.

18 (e) AGENCY RESPONSIBILITIES.—Nothing in this

19 Act—

20 (1) shall be construed to alter, supersede, or

21 limit the authorities or responsibilities of any Fed22 eral agency under any other law; or

23 (2) shall affect or modify in any way the obliga24 tions or liabilities of any person under any such law.
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1 (f) MINERAL ACTIVITY.—Nothing in this Act shall be

2 construed to apply to or limit a mineral investigation,

3 study, or other mineral activity conducted by any Federal

4 or State agency acting in its governmental capacity pursu5 ant to authority of other law.

6 SEC. 602. MISCELLANEOUS.

7 (a) REGULATIONS.—In carrying out the duties of the

8 Secretary under this Act, each Secretary may issue such

9 regulations as are necessary to carry out this Act.

10 (b) JOINT REGULATIONS.—The Secretary of the In11 terior and the Secretary of Agriculture shall jointly issue

12 regulations implementing provisions of this Act that apply

13 to both Secretaries.

14 (c) CONSULTATION.—

15 (1) IN GENERAL.—The Secretary shall consult

16 with States that may be affected by regulations

17 under this Act in the development of such regula18 tions prior to publication in the Federal Register of

19 proposed regulations.

20 (2) FACA.—The Federal Advisory Committee

21 Act (5 U.S.C. App.) shall not apply to consultation

22 under subparagraph (A).

23 SEC. 603. PURCHASING POWER ADJUSTMENT.

24 Except as otherwise provided in this Act, the Sec25 retary shall adjust all fees, penalties, and other dollar
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1 amounts established in this Act for changes in the pur2 chasing power of the dollar every 5 years following the

3 date of enactment of this Act, by an amount equal to the

4 annual adjustment in the implicit price deflator for the

5 Gross National Product established by the Secretary of

6 Commerce.

7 SEC. 604. MINERAL MATERIALS.

8 (a) DETERMINATIONS.—Section 3 of the Surface Re9 sources Act of 1955 (30 U.S.C. 611) is amended—

10 (1) by striking ‘‘No deposit’’ and inserting ‘‘(a)

11 VARIETIES OF MINERALS NOT DEEMED VALUABLE

12 MINERAL DEPOSITS.—No deposit’’;

13 (2) in the first sentence, by striking ‘‘or cin14 ders’’ and inserting ‘‘cinders, or clay’’; and

15 (3) by adding at the end the following new sub16 section:

17 ‘‘(b) DISPOSAL.—

18 ‘‘(1) IN GENERAL.—Subject to valid existing

19 rights, after the date of enactment of this sub20 section, deposits of minerals referred to in sub21 section (a) (except deposits of bentonite and gyp22 sum) shall be subject to disposal under the terms

23 and conditions of the Materials Act of 1947 (30

24 U.S.C. 601 et seq.).
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1 ‘‘(2) DEFINITION.—In paragraph (1), the term

2 ‘valid existing right’ means a mining claim located

3 for a mineral material that—

4 ‘‘(A) has a property that gives the claim

5 distinct and special value as described in sub6 section (a), including so-called ‘block pumice’ as

7 described in subsection (a);

8 ‘‘(B) was properly located and maintained

9 under the general mining laws on the date of

10 enactment of this subsection;

11 ‘‘(C) was supported by a discovery of a val12 uable mineral deposit within the meaning of the

13 general mining law on the date of enactment of

14 this subsection; and

15 ‘‘(D) continues to be valid.’’.

16 (b) MINERALS MATERIALS SUBJECT TO RIGHT OF

17 THE UNITED STATES FOR DISPOSAL AND SEVERANCE.—

18 Subsections (b) and (c) of section 4 of the Surface Re19 sources Act of 1955 (30 U.S.C. 612) are each amended

20 by inserting ‘‘and mineral material’’ after ‘‘vegetative’’

21 each place it appears.

22 (c) CONFORMING AMENDMENT.—The first sentence

23 of section 1 of the Materials Act of 1947 (30 U.S.C. 601)

24 is amended by striking ‘‘common varieties of’’.

Æ
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