I 

116TH CONGRESS 

1ST SESSION H. R. 2579 

To modify the requirements applicable to locatable minerals on public domain 

lands, consistent with the principles of self-initiation of mining claims, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 8, 2019 

Mr. GRIJALVA (for himself, Mr. BEYER, Mr. BLUMENAUER, Mr. CARTWRIGHT, Mr. DEFAZIO, Ms. DEGETTE, Mr. GARAMENDI, Ms. HAALAND, 

Mr. HUFFMAN, Mr. LEVIN of California, Mr. LOWENTHAL, Mr. MCGOVERN, Mrs. NAPOLITANO, Ms. NORTON, Mr. POCAN, and Mr. SOTO) introduced the following bill; which was referred to the Committee on Natural 

Resources 

A BILL 

To modify the requirements applicable to locatable minerals 

on public domain lands, consistent with the principles 

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

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Hardrock Leasing and Reclamation Act of 2019’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions and references. 

Sec. 3. Application rules. 

TITLE I—MINERAL LEASING, EXPLORATION, AND DEVELOPMENT 

Sec. 101. Closure to entry and location. 

Sec. 102. Limitation on patents. 

Sec. 103. Prospecting license and hardrock leases. 

Sec. 104. Competitive leasing. 

Sec. 105. Small miners leases. 

Sec. 106. Lands containing nonhardrock minerals; other uses. 

Sec. 107. Royalty. 

Sec. 108. Existing production. 

Sec. 109. Hardrock mining claim maintenance fee. 

Sec. 110. Effect of payments for use and occupancy of claims. 

Sec. 111. Protection of special places. 

Sec. 112. Suitability determination. 

TITLE II—CONSULTATION PROCEDURE 

Sec. 201. Requirement for consultation. 

Sec. 202. Timing. 

Sec. 203. Scoping stage consultation. 

Sec. 204. Decision stage procedures. 

Sec. 205. Documentation and reporting. 

Sec. 206. Implementation. 

Sec. 207. Sensitive Tribal information. 

TITLE III—ENVIRONMENTAL CONSIDERATIONS OF MINERAL 

EXPLORATION AND DEVELOPMENT 

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

Sec. 302. Permits. 

Sec. 303. Exploration permit. 

Sec. 304. Operations permit. 

Sec. 305. Persons ineligible for permits. 

Sec. 306. Financial assurance. 

Sec. 307. Operation and reclamation. 

Sec. 308. State law and regulation. 

TITLE IV—ABANDONED HARDROCK MINE RECLAMATION 

Sec. 401. Establishment of Fund. 

Sec. 402. Contents of Fund. 

Sec. 403. Displaced material reclamation fee. 

Sec. 404. Use and objectives of the Fund. 

Sec. 405. Eligible lands and waters. 

Sec. 406. Authorization of appropriations. 

TITLE V—ADDITIONAL PROVISIONS 

Sec. 501. Policy functions. 


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Sec. 502. User fees and inflation adjustment. 

Sec. 503. Inspection and monitoring. 

Sec. 504. Citizens suits. 

Sec. 505. Administrative and judicial review. 

Sec. 506. Reporting requirements. 

Sec. 507. Enforcement. 

Sec. 508. Regulations. 

Sec. 509. Oil shale claims. 

Sec. 510. Savings clause. 

Sec. 511. Availability of public records. 

Sec. 512. Miscellaneous powers. 

Sec. 513. Mineral materials. 

Sec. 514. Effective date. 

1 SEC. 2. DEFINITIONS AND REFERENCES. 

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

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

4 any person, any of the following: 

5 (A) Any person who controls, is controlled 

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

8 (B) Any partner of such person. 

9 (C) Any person owning at least 10 percent 

10 of the voting shares of such person. 

11 (2) The term ‘‘agency’’ means any authority of 

12 the United States that is an ‘‘agency’’ under section 

13 3502(1) of title 44, United States Code. 

14 (3) The term ‘‘applicant’’ means any person ap15 plying for a permit, license, or lease under this Act 

16 or a modification to or a renewal of a permit, li17 cense, or lease under this Act. 

18 (4) The term ‘‘beneficiation’’ means the crush19 ing and grinding of hardrock mineral ore and such 


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1 processes as are employed to free the mineral from 

2 other constituents, including physical and chemical 

3 separation techniques. 

4 (5) The term ‘‘casual use’’— 

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

6 means mineral activities that do not ordinarily 

7 result in any disturbance of public lands and re8 sources; 

9 (B) includes collection of geochemical, 

10 rock, soil, or mineral specimens using 

11 handtools, hand panning, or nonmotorized sluic12 ing; and 

13 (C) does not include— 

14 (i) the use of mechanized earth-mov15 ing equipment, suction dredging, or explo16 sives; 

17 (ii) the use of motor vehicles in areas 

18 closed to off-road vehicles; 

19 (iii) the construction of roads or drill 

20 pads; and 

21 (iv) the use of toxic or hazardous ma22 terials. 

23 (6) The term ‘‘claim holder’’ means a person 

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

25 claim located under the general mining laws and 


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1 maintained in compliance with such laws. Such term 

2 may include an agent of a claim holder. 

3 (7) The term ‘‘control’’ means having the abil4 ity, directly or indirectly, to determine (without re5 gard to whether exercised through one or more cor6 porate structures) the manner in which an entity 

7 conducts mineral activities, through any means, in8 cluding ownership interest, authority to commit the 

9 entity’s real or financial assets, position as a direc10 tor, officer, or partner of the entity, or contractual 

11 arrangement. 

12 (8) The term ‘‘crude ore’’ means ore in its un13 processed form, containing profitable amounts of the 

14 target mineral. 

15 (9) The term ‘‘displaced material’’ means any 

16 crude ore and waste dislodged from its location at 

17 the time hardrock mineral activities begin at a sur18 face, underground, or in-situ mine. 

19 (10) The term ‘‘exploration’’— 

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

21 means creating surface disturbance other than 

22 casual use, to evaluate the type, extent, quan23 tity, or quality of minerals present; 


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1 (B) includes mineral activities associated 

2 with sampling, drilling, and analyzing hardrock 

3 mineral values; and 

4 (C) does not include extraction of mineral 

5 material for commercial use or sale. 

6 (11) The term ‘‘Federal land’’ means any land, 

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

8 United States, except lands in the National Park 

9 System, lands held in trust for an Indian or Indian 

10 Tribe, and lands on the Outer Continental Shelf. 

11 (12) The term ‘‘Fund’’ means the Hardrock 

12 Minerals Reclamation Fund established by this Act. 

13 (13) The term ‘‘Indian lands’’ means lands held 

14 in trust for the benefit of an Indian Tribe or indi15 vidual or held by an Indian Tribe or individual sub16 ject to a restriction by the United States against 

17 alienation. 

18 (14) The term ‘‘Indian Tribe’’ means any In19 dian Tribe, band, nation, pueblo, or other organized 

20 group or community, including any Alaska Native 

21 village or regional corporation as defined in or estab22 lished pursuant to the Alaska Native Claims Settle23 ment Act (43 U.S.C. 1601 et seq.), that is recog24 nized as eligible for the special programs and servVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 ices provided by the United States to Indians be2 cause of their status as Indians. 

3 (15) The term ‘‘hardrock mineral’’— 

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

5 any mineral that was subject to location under 

6 the general mining laws as of the date of enact7 ment of this Act, and that is not subject to dis8 position under— 

9 (i) the Mineral Leasing Act (30 

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

11 (ii) the Geothermal Steam Act of 

12 1970 (30 U.S.C. 1001 et seq.); 

13 (iii) the Act of July 31, 1947, com14 monly known as the Materials Act of 1947 

15 (30 U.S.C. 601 et seq.); or 

16 (iv) the Mineral Leasing for Acquired 

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

18 (B) does not include any mineral that is 

19 subject to a restriction against alienation im20 posed by the United States and is— 

21 (i) held in trust by the United States 

22 for any Indian or Indian Tribe, as defined 

23 in section 2 of the Indian Mineral Develop24 ment Act of 1982 (25 U.S.C. 2101); or 


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1 (ii) owned by any Indian or Indian 

2 Tribe, as defined in that section. 

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

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

5 site claim, or a lease, license, or permit issued under 

6 this Act, for, related to, or incidental to, mineral ex7 ploration, mining, beneficiation, processing, or rec8 lamation activities for any hardrock mineral. 

9 (17) The term ‘‘memorandum of agreement’’ 

10 means a document that records the terms and condi11 tions agreed upon by an agency and an Indian Tribe 

12 through the consultation process regarding an activ13 ity, including any measures to be taken to resolve or 

14 mitigate adverse impacts on the Indian Tribe. 

15 (18) The term ‘‘National Conservation System 

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

17 National Wildlife Refuge System, National Wild and 

18 Scenic Rivers System, National Wilderness Preserva19 tion System, National Landscape Conservation Sys20 tem, or National Trails System, or a National Con21 servation Area, a National Recreation Area, a Na22 tional Monument, or any unit of the National Wil23 derness Preservation System or lands within the Na24 tional Forest System, including any of the following: 

25 (A) National Scenic Research Area. 


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1 (B) National Scenic Area. 

2 (C) National Game Refuge and Wildlife 

3 Preserve. 

4 (D) National Volcanic Monument. 

5 (E) National Historic Area. 

6 (F) National Protection Area. 

7 (G) Special Management Area. 

8 (H) National Botanical Area. 

9 (I) Recreation Management Area. 

10 (J) Scenic Recreation Area. 

11 (19) The term ‘‘operator’’ means any person 

12 proposing or authorized by a permit issued under 

13 this Act to conduct mineral activities and any agent 

14 of such person. 

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

16 Indian Tribe, partnership, association, society, joint 

17 venture, joint stock company, firm, company, cor18 poration, cooperative, or other organization and any 

19 instrumentality of State or local government includ20 ing any publicly owned utility or publicly owned cor21 poration of State or local government. 

22 (21) The term ‘‘processing’’ means processes 

23 downstream of beneficiation employed to prepare 

24 locatable mineral ore into the final marketable prod25 uct, including smelting and electrolytic refining. 


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1 (22) The term ‘‘sacred site’’ means any specific, 

2 discrete, narrowly delineated location on Federal 

3 land that is identified by an Indian Tribe— 

4 (A) as sacred by virtue of its established 

5 religious significance to, or ceremonial use by, 

6 an Indian religion; or 

7 (B) to be of established cultural signifi8 cance. 

9 (23) The term ‘‘Secretary’’ means the Secretary 

10 of the Interior, unless otherwise specified. 

11 (24) The term ‘‘Secretary concerned’’ means— 

12 (A) the Secretary of Agriculture (acting 

13 through the Chief of the Forest Service) with 

14 respect to National Forest System land; and 

15 (B) the Secretary of the Interior (acting 

16 through the Director of the Bureau of Land 

17 Management) with respect to other Federal 

18 land. 

19 (25)(A) The term ‘‘small miner’’ means a per20 son (including all related parties thereto) that— 

21 (i) holds not more than 10 mining claims, 

22 mill sites, or tunnel sites, or any combination 

23 thereof, on public lands; 


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1 (ii) holds leases and permits under this Act 

2 with respect to not more than 200 acres of Fed3 eral land; 

4 (iii) certifies to the Secretary in writing 

5 that the person had annual gross income in the 

6 preceding calendar year from mineral produc7 tion in an amount less than $50,000 (indexed 

8 for inflation); and 

9 (iv) has performed assessment work re10 quired under the Mining Law of 1872 (30 

11 U.S.C. 28 et seq.) to maintain any mining 

12 claims held by the person (including such re13 lated parties) for the assessment year ending on 

14 noon of September 1 of the calendar year in 

15 which payment of the claim maintenance fee 

16 was due. 

17 (B) For purposes of subparagraph (A), with re18 spect to any person, the term ‘‘all related parties’’ 

19 means— 

20 (i) the spouse and dependent children (as 

21 defined in section 152 of the Internal Revenue 

22 Code of 1986), of the person concerned; or 

23 (ii) a person affiliated with the person con24 cerned, including— 


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1 (I) another person controlled by, con2 trolling, or under common control with the 

3 person concerned; or 

4 (II) a subsidiary or parent company 

5 or corporation of the person concerned. 

6 (C) For purposes of subparagraph (A)(iii), the 

7 dollar amount shall be applied, for a person, to the 

8 aggregate of all annual gross income from mineral 

9 production under all mining claims held by or as10 signed to such person or all related parties with re11 spect to such person, including mining claims lo12 cated or for which a patent was issued before the 

13 date of the enactment of this Act. 

14 (26) The term ‘‘temporary cessation’’ means a 

15 halt in mine-related production activities for a con16 tinuous period of no longer than 5 years. 

17 (27) The term ‘‘ton’’ means 2,000 pounds av18 oirdupois (.90718 metric ton). 

19 (28) The term ‘‘undue degradation’’ means ir20 reparable harm to significant scientific, cultural, or 

21 environmental resources on public lands. 

22 (29) The term ‘‘valuable mineral deposit’’ 

23 means a deposit of hardrock minerals that is of suf24 ficient value for a reasonable miner to economically 

25 mine. 


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

2 be fractured and removed in order to gain access to 

3 crude ore. 

4 (b) REFERENCES TO OTHER LAWS.— 

5 (1) GENERAL MINING LAWS.—Any reference in 

6 this Act to the term ‘‘general mining laws’’ is a ref7 erence to those Acts that generally comprise chap8 ters 2, 12A, and 16, and sections 161 and 162, of 

9 title 30, United States Code. 

10 (2) ACT OF JULY 23, 1955.—Any reference in 

11 this Act to the Act of July 23, 1955, is a reference 

12 to the Act entitled ‘‘An Act to amend the Act of 

13 July 31, 1947 (61 Stat. 681) and the mining laws 

14 to provide for multiple use of the surface of the 

15 same tracts of the public lands, and for other pur16 poses’’ (30 U.S.C. 601 et seq.). 

17 SEC. 3. APPLICATION RULES. 

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

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

20 the general mining laws, before or on the date of enact21 ment of this Act. 

22 (b) APPLICATION OF ACT TO BENEFICIATION AND

23 PROCESSING OF NON-FEDERAL MINERALS ON FEDERAL

24 LANDS.—The provisions of this Act shall apply in the 

25 same manner and to the same extent to mining claims, 


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1 millsite claims, tunnel site claims, and any land included 

2 in a lease or license issued under this Act, used for 

3 beneficiation or processing activities for any hardrock min4 eral. 

5 TITLE I—MINERAL LEASING, EX6 PLORATION, AND DEVELOP7 MENT 

8 SEC. 101. CLOSURE TO ENTRY AND LOCATION. 

9 (a) CLOSURE.—Except as otherwise provided in this 

10 section, as of the effective date of this Act all Federal 

11 lands are closed to entry and location under the general 

12 mining laws, and no new rights under the general mining 

13 laws may be acquired. 

14 (b) EXISTING NONPRODUCING CLAIMS.— 

15 (1) CLAIMS WITHOUT PLAN OF OPERATIONS.— 

16 Any claim under the general mining laws existing on 

17 the effective date of this Act for which a plan of op18 erations is not approved, or a notice of operations is 

19 not filed, before such date shall be subject to the re20 quirements of this Act, and may remain in effect 

21 until not later than the end of the 10-year period be22 ginning on the date of enactment of this Act if the 

23 claimholder remains in compliance with section 109, 

24 unless the claim holder— 

25 (A) relinquishes the claim; or 


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1 (B) demonstrates eligibility for a lease and 

2 requests conversion under the regulations 

3 issued under subsection (d). 

4 (2) SHORTENING OF PERIOD.—The 10-year pe5 riod referred to in paragraph (1) shall be shortened 

6 to 3 years if— 

7 (A) the claim is for an area that is located 

8 in an area withdrawn or temporarily segregated 

9 from location under the general mining laws as 

10 of the effective date of this Act; or 

11 (B) the claim belongs to a small miner. 

12 (3) CONVERSION.—Upon showing to the satis13 faction of the Secretary of a valuable mineral deposit 

14 on lands subject to such a claim, the Secretary may 

15 convert the claim to a noncompetitive lease under 

16 the regulations issued under subsection (d). 

17 (4) CLAIMS NOT CONVERTED.—Any such claims 

18 not converted to leases at the end of the applicable 

19 period under paragraph (1) or (2) shall be consid20 ered invalid and void. 

21 (c) EXISTING CLAIMS WITH PLAN OF OPERATION.— 

22 (1) IN GENERAL.—In the case of any claim 

23 under the general mining laws for which a plan of 

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1 ations have not commenced before the date of enact2 ment of this Act— 

3 (A) during the 10-year period beginning on 

4 the date of enactment of this Act— 

5 (i) mineral activities on lands subject 

6 to such claim shall be subject to such plan 

7 of operations; and 

8 (ii) modification of such plan may be 

9 made in accordance with the provisions of 

10 law applicable before the date of the enact11 ment of this Act if such modifications are 

12 considered minor by the Secretary con13 cerned; and 

14 (B) the operator shall bring such mineral 

15 activities into compliance with this Act by the 

16 end of such 10-year period. 

17 (2) ACTIVITIES PENDING DECISION ON MODI18 FICATION TO PLAN OF OPERATIONS.—If an applica19 tion for modification of a plan of operations referred 

20 to in paragraph (1)(A)(ii) has been timely submitted 

21 and an approved plan expires before the Secretary 

22 concerned takes action on the application, mineral 

23 activities and reclamation may continue in accord24 ance with the terms of the expired plan until such 


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1 Secretary makes an administrative decision on the 

2 application. 

3 (3) CONVERSION REQUIREMENT.—Any claims 

4 referred to in paragraph (1) may remain in effect 

5 for a period of up to 10 years. Any claim not con6 verted to a lease under subsection (d) before the end 

7 of that period shall be subject to a fee of $100 per 

8 acre per day until the claim is converted to a lease. 

9 (d) CONVERSION REGULATIONS.— 

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

11 regulations not later than one year after the date of 

12 the enactment of this Act to provide for the conver13 sion of mining claims to noncompetitive mining 

14 leases. 

15 (2) CONTENT.—The regulations issued under 

16 paragraph (1) shall— 

17 (A) prohibit the conversion of a mining 

18 claim to a mining lease by a claimholder who is 

19 in violation of this Act or other State or Fed20 eral environmental, health, or worker safety 

21 law; 

22 (B) allow the Secretary to exercise discre23 tion to include nonmineral lands within the 

24 boundaries of any mill site associated with the 


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1 mining claim to be converted to a noncompeti2 tive lease; 

3 (C) prohibit the area in any noncompetitive 

4 mining lease issued under this subsection to ex5 ceed the maximum area authorized by this Act 

6 to be leased to any person; 

7 (D) require the consent of the surface 

8 managing agency for conversion of a mining 

9 claim to a noncompetitive mining lease; 

10 (E) require the fiscal terms of the con11 verted noncompetitive mining lease to be the 

12 same as provided in this Act for other hardrock 

13 mining leases; 

14 (F) require compliance with all provisions 

15 of this Act; and 

16 (G) include any other terms the Secretary 

17 considers appropriate. 

18 (e) NEPA.—The Secretary is not required to conduct 

19 an environmental analysis under the National Environ20 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 

21 the issuance of a noncompetitive lease under this section, 

22 unless the noncompetitive lease modifies or extends the 

23 surface disturbance already authorized under a mine plan 

24 of operations covering the mining claim that is converted. 


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1 SEC. 102. LIMITATION ON PATENTS. 

2 (a) MINING CLAIMS.— 

3 (1) DETERMINATIONS REQUIRED.—After the 

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

5 issued by the United States for any mining claim lo6 cated under the general mining laws unless the Sec7 retary determines that, for the claim concerned— 

8 (A) a patent application was filed with the 

9 Secretary on or before September 30, 1994; 

10 and 

11 (B) all requirements established under sec12 tions 2325 and 2326 of the Revised Statutes 

13 (30 U.S.C. 29 and 30), in the case of a vein or 

14 lode claim, or sections 2329, 2330, 2331, and 

15 2333 of the Revised Statutes (30 U.S.C. 35, 

16 36, and 37), in the case of a placer claim, were 

17 fully complied with by that date. 

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

19 the determinations referred to in subparagraphs (A) 

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

21 holder of the claim shall be entitled to the issuance 

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

23 such claim holder would have been entitled to prior 

24 to the enactment of this Act, unless such determina25 tions are withdrawn or invalidated by the Secretary 

26 or by a court of the United States. 


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1 (b) MILLSITE CLAIMS.— 

2 (1) DETERMINATIONS REQUIRED.—After the 

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

4 issued by the United States for any millsite claim lo5 cated under the general mining laws unless the Sec6 retary determines that for such millsite— 

7 (A) a patent application for the land sub8 ject to such claim was filed with the Secretary 

9 on or before September 30, 1994; and 

10 (B) all requirements applicable to such 

11 patent application were fully complied with be12 fore that date. 

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

14 the determinations described in subparagraphs (A) 

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

16 holder of the claim shall be entitled to the issuance 

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

18 such claim holder would have been entitled to prior 

19 to the enactment of this Act, unless such determina20 tions are withdrawn or invalidated by the Secretary 

21 or by a court of the United States. 

22 SEC. 103. PROSPECTING LICENSE AND HARDROCK LEASES. 

23 (a) IN GENERAL.—No person may conduct mineral 

24 prospecting for commercial purposes for any hardrock 


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1 mineral on Federal lands without a prospecting license or 

2 a small miners lease. 

3 (b) PROSPECTING LICENSES.— 

4 (1) IN GENERAL.—The Secretary may, under 

5 such rules and regulations as the Secretary may pre6 scribe and with the concurrence of the relevant sur7 face management agency, grant an applicant a 

8 prospecting license that shall give the exclusive right 

9 to prospect for specified hardrock minerals on Fed10 eral lands for a period of not exceeding two years. 

11 (2) MAXIMUM AREA.—The area subject to such 

12 a license shall not exceed 2,560 acres of land, in rea13 sonably compact form. 

14 (3) LICENSE APPLICATION FEE.—The Sec15 retary shall charge a fee for each license application 

16 to cover the costs of processing the license, and the 

17 license shall be subject to annual rentals equal to 

18 $10 per acre per year. 

19 (4) TERMS AND CONDITIONS.—A prospecting li20 cense must conform with the terms and conditions 

21 of a comprehensive land use plan approved under 

22 the Federal Land Policy and Management Act of 

23 1976 (43 U.S.C. 1701 et seq.) or the Forest and 

24 Rangeland Renewable Resources Planning Act of 

25 1974 (16 U.S.C. 1600 et seq.). For areas where a 


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1 comprehensive land use plan treating hardrock min2 ing as a multiple-use activity has not been com3 pleted, the Secretary concerned shall ensure that the 

4 land to be covered by the license is suitable for min5 eral activities. 

6 (5) EXTENSION.—A prospecting license may be 

7 extended for up to an additional four years upon a 

8 showing by the licensee that the licensee explored 

9 with reasonable diligence and was unable to deter10 mine the existence and workability of a valuable de11 posit covered by the license, or that the failure to 

12 perform diligent prospecting activities was due to 

13 conditions beyond the licensee’s control. 

14 (c) NONCOMPETITIVE LEASES.— 

15 (1) IN GENERAL.—Upon a showing to the satis16 faction of the Secretary by a prospecting licensee 

17 under subsection (a) that a valuable deposit of a 

18 hardrock mineral has been discovered by the licensee 

19 within an area covered by the prospecting license 

20 and with the consent of the surface agency, the li21 censee shall be entitled to a lease for any or all of 

22 the land included in the prospecting license, as well 

23 as any nonmineral lands necessary for processing or 

24 milling operations, at a royalty of no less than 12.5 

25 percent of the gross value of production of hardrock 


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1 minerals or mineral concentrates or products derived 

2 from hardrock minerals under the lease. Rentals for 

3 such lease shall be set by the Secretary at no less 

4 than $10 per acre per year, with rentals paid in any 

5 one year credited against royalties accruing for that 

6 year. The recipient of such lease is not entitled to 

7 an operations permit. 

8 (2) LEASE PERIOD.— 

9 (A) IN GENERAL.—A lease under this sec10 tion shall be for a period of 20 years, with the 

11 right to renew for successive periods of 10 years 

12 if hardrock minerals are being produced in com13 mercial quantities under the lease. 

14 (B) EXTENSION DURING NONPRODUC15 TION.—If hardrock minerals are not being pro16 duced in commercial quantities at the end of 

17 the primary term or any subsequent term of 

18 such a lease, the Secretary may issue a 10-year 

19 extension of the lease in the interest of con20 servation or upon a successful showing by the 

21 lessee that the lease cannot be successfully op22 erated at a profit or for other reasons. No more 

23 than one extension under this subparagraph 

24 may be issued. 


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1 (d) CUMULATIVE ACREAGE LIMITATION.—No person 

2 may take, hold, own, or control at one time, whether ac3 quired directly from the Secretary under this Act or other4 wise, hardrock mining leases or licenses for an aggregate 

5 of more than 20,480 acres in any one State. 

6 (e) REDUCTION OF ROYALTY RATE.—The Sec7 retary— 

8 (1) may reduce the royalty rate for a lease upon 

9 a showing by clear and convincing evidence by the 

10 person conducting mineral activities under the lease 

11 that production would not occur without the reduc12 tion in royalty; and 

13 (2) may reduce royalty and rental rates for a 

14 lease to encourage exploration for and development 

15 of hardrock minerals classified as strategic and crit16 ical by the Department of Energy. 

17 (f) PROTECTION OF LAND AND OTHER RE18 SOURCES.—The Secretary may include in any lease or li19 cense issued under this Act such provisions as are nec20 essary to adequately protect the lands and other resources 

21 in the vicinity of the area subject to the lease or license. 

22 For land not managed by the Department of the Interior, 

23 the Secretary shall consult with the appropriate surface 

24 management agency in formulating such provisions. 


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1 SEC. 104. COMPETITIVE LEASING. 

2 (a) IN GENERAL.—Subject to sections 111 and 112, 

3 Federal lands known to contain valuable deposits of 

4 hardrock minerals that are not covered by claims, licenses, 

5 or leases may only be open to hardrock mineral exploration 

6 or development through competitive leasing by the Sec7 retary by such methods the Secretary may adopt by regu8 lation and in such areas as the Secretary may determine, 

9 including nonmineral lands the Secretary considers nec10 essary for processing or milling operations. The total area 

11 of land subject to any such lease shall not exceed 2,560 

12 acres. 

13 (b) TERMS AND REQUIREMENTS.—All terms and re14 quirements for competitive leases under this section shall 

15 be the same as if the leases were issued noncompetitively 

16 under section 103(c). 

17 SEC. 105. SMALL MINERS LEASES. 

18 (a) IN GENERAL.—The Secretary may issue small 

19 miners leases to qualified small miners that apply, under 

20 such rules and regulations as the Secretary may prescribe, 

21 including conditions to require diligent development of the 

22 lease and to ensure protection of surface resources and 

23 groundwater. 

24 (b) EXCLUSIVE RIGHT.—A small miners lease shall 

25 give the leaseholder the exclusive right to prospect for 


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1 hardrock minerals for 3 years on up to 200 acres of con2 tiguous or non-contiguous Federal land. 

3 (c) APPLICATION FEE.—The Secretary shall charge 

4 a reasonable application fee for such a lease. 

5 (d) RENTALS.—Rentals for such a lease shall be $5 

6 per acre per year for the first 3 years. 

7 (e) RENEWAL.—Such leases may be renewed for ad8 ditional 3-year periods, with no limit, with a $10 per acre 

9 per year rental charged for renewed leases. 

10 (f) CHALLENGE.—Any individual may file a challenge 

11 with the Secretary that a leaseholder is in violation of the 

12 diligence terms of a small miners lease or does not qualify 

13 as a small miner. A small miners lease that is under such 

14 a challenge may not be renewed unless the Secretary has 

15 determined that the leaseholder is a small miner and is 

16 in compliance with all the terms of the lease. 

17 (g) NO ROYALTIES.—No royalties shall be charged 

18 for commercial production under a small miners lease. 

19 (h) CONVERSION OF EXISTING CLAIMS.—An existing 

20 claim, as of January 1, 2017, that belongs to an individual 

21 that qualifies as a small miner may be converted to a small 

22 miners lease under the same terms and conditions that 

23 apply to other small miners leases, except that such 

24 lease— 


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1 (1) shall not be subject to rental during the pri2 mary term of the lease; 

3 (2) shall be subject to a rental of $5 per acre 

4 per year for the first 3-year renewal of the lease; 

5 and 

6 (3) shall be subject to a rental of $10 per acre 

7 per year for any subsequent 3-year renewal of the 

8 lease. 

9 (i) LIMITATIONS.—A small miners lease— 

10 (1) may only be held by the primary lease11 holder, a spouse thereof, or a direct descendent 

12 thereof; 

13 (2) may not be sold or transferred, other than 

14 to a spouse or direct descendent of the primary 

15 leaseholder; and 

16 (3) is subject to all permitting requirements 

17 under this Act. 

18 (j) CONVERSION TO HARDROCK MINERAL LEASE.— 

19 If, with regards to a lease, the leaseholder no longer quali20 fies as a small miner at the time such leaseholder applies 

21 for a renewal of such lease, such leaseholder shall not be 

22 eligible to renew the small miners lease, but shall be eligi23 ble for a noncompetitive hardrock mineral lease issued 

24 under section 103(c). Notwithstanding section 103(c)(1), 

25 royalties under such a lease shall only be due on the gross 


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1 income that exceeds the amount of gross income specified 

2 in such definition as of the time the hardrock mineral 

3 lease is issued. 

4 SEC. 106. LANDS CONTAINING NONHARDROCK MINERALS; 

5 OTHER USES. 

6 (a) IN GENERAL.—In issuing licenses and leases 

7 under this Act for lands that contain deposits of coal or 

8 other nonhardrock minerals, the Secretary shall reserve to 

9 the United States such nonhardrock minerals for disposal 

10 under applicable laws. 

11 (b) OTHER USES OF LICENSED AND LEASED

12 LANDS.— 

13 (1) IN GENERAL.—The Secretary shall promul14 gate regulations to allow for other uses of the lands 

15 covered by a prospecting license under this Act, in16 cluding leases for other minerals, if such other uses 

17 would not unreasonably interfere with operations 

18 under the prospecting license. 

19 (2) PROSPECTING LICENSES.—The Secretary 

20 shall include in such prospecting licenses such terms 

21 and conditions as the Secretary finds necessary to 

22 avoid unreasonable interference with other uses oc23 curring on, or other leases of, the licensed lands. 

24 (3) LEASES.—The Secretary shall include in 

25 leases under this Act stipulations to allow for simulVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 taneous operations under other leases for the same 

2 lands. 

3 SEC. 107. ROYALTY. 

4 (a) EXISTING PRODUCTION.—Production of hardrock 

5 minerals on Federal land under an operations permit from 

6 which valuable hardrock minerals were produced in com7 mercial quantities before the date of the enactment of this 

8 Act, other than production under a small miners lease, 

9 shall be subject to a royalty established by the Secretary 

10 at no less than 8 percent of the gross value of such produc11 tion, or of mineral concentrates or products derived from 

12 hardrock minerals. Any Federal land added through a 

13 plan modification to an operations permit on Federal land 

14 that is submitted after the date of enactment of this Act 

15 shall be subject to a royalty established by the Secretary 

16 for such lease of no less than 12.5 percent of the gross 

17 value of production of hardrock minerals, or mineral con18 centrates or products derived from hardrock minerals. 

19 (b) LIABILITY.—The claim or leaseholder, or any op20 erator to whom the claim or lease holder has assigned the 

21 obligation to make royalty payments under the claim or 

22 lease and any person who controls such claim or lease 

23 holder or operator, shall be liable for payment of such roy24 alties. 


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1 (c) DISPOSITION.—Of the revenues collected under 

2 this title, including rents, royalties, claim maintenance 

3 fees, interest charges, fines, and penalties— 

4 (1) 25 percent shall be paid to the State within 

5 the boundaries of which the leased, licensed, or 

6 claimed lands, or operations subject to such interest 

7 charges, fines, or penalties are or were located; and 

8 (2) the remainder shall be deposited in the ac9 count established under section 501. 

10 (d) DUTIES OF CLAIM OR LEASE HOLDERS, OPERA11 TORS, AND TRANSPORTERS.— 

12 (1) REGULATION.—The Secretary shall pre13 scribe by rule the time and manner in which— 

14 (A) a person who is required to make a 

15 royalty payment under this section shall make 

16 such payment; and 

17 (B) shall notify the Secretary of any as18 signment that such person may have made of 

19 the obligation to make any royalty or other pay20 ment under a mining claim or lease under this 

21 title. 

22 (2) WRITTEN INSTRUMENT.—Any person pay23 ing royalties under this section shall file a written 

24 instrument, together with the first royalty payment, 

25 affirming that such person is responsible for making 


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1 proper payments for all amounts due for all time pe2 riods for which such person has a payment responsi3 bility. 

4 (3) ADDITIONAL AMOUNTS.—Such responsi5 bility for the periods referred to in paragraph (2) 

6 shall include any and all additional amounts billed 

7 by the Secretary and determined to be due by final 

8 agency or judicial action. 

9 (4) JOINT AND SEVERAL LIABILITY.—Any per10 son liable for royalty payments under this section 

11 who assigns any payment obligation shall remain 

12 jointly and severally liable for all royalty payments 

13 due for the period. 

14 (5) OBLIGATIONS.—A person conducting min15 eral activities shall— 

16 (A) develop and comply with the site secu17 rity provisions in the operations permit de18 signed to protect from theft the hardrock min19 erals, concentrates, or products derived there20 from that are produced or stored on the area 

21 subject to a mining claim or lease, and such 

22 provisions shall conform with such minimum 

23 standards as the Secretary may prescribe by 

24 rule, taking into account the variety of cirVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 cumstances on areas subject to mining claims 

2 and leases; and 

3 (B) not later than the 5th business day 

4 after production begins anywhere on an area 

5 subject to a mining claim or lease, or produc6 tion resumes after more than 90 days after pro7 duction was suspended, notify the Secretary, in 

8 the manner prescribed by the Secretary, of the 

9 date on which such production has begun or re10 sumed. 

11 (6) REQUIRED DOCUMENTATION.—The Sec12 retary may by rule require any person engaged in 

13 transporting a hardrock mineral, concentrate, or 

14 product derived therefrom to carry on his or her per15 son, in his or her vehicle, or in his or her immediate 

16 control, documentation showing, at a minimum, the 

17 amount, origin, and intended destination of the 

18 hardrock mineral, concentrate, or product derived 

19 therefrom in such circumstances as the Secretary 

20 determines is appropriate. 

21 (e) RECORDKEEPING AND REPORTING REQUIRE22 MENTS.— 

23 (1) IN GENERAL.—A claim or lease holder, op24 erator, or other person directly involved in devel25 oping, producing, processing, transporting, purVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 chasing, or selling hardrock minerals, concentrates, 

2 or products derived therefrom, subject to this Act, 

3 through the point of royalty computation shall estab4 lish and maintain any records, make any reports, 

5 and provide any information that the Secretary may 

6 reasonably require for the purposes of implementing 

7 this section or determining compliance with rules or 

8 orders under this section. Such records shall include 

9 periodic reports, records, documents, and other data. 

10 Such reports may also include pertinent technical 

11 and financial data relating to the quantity, quality, 

12 composition volume, weight, and assay of all min13 erals extracted from the mining claim or lease. 

14 (2) AVAILABILITY FOR INSPECTION.—Upon the 

15 request of any officer or employee duly designated 

16 by the Secretary conducting an audit or investiga17 tion pursuant to this section, the appropriate 

18 records, reports, or information that may be re19 quired by this section shall be made available for in20 spection and duplication by such officer or employee. 

21 (3) FORFEITURE.—Failure by a claim or lease 

22 holder, operator, or other person referred to in the 

23 first sentence to cooperate with such an audit, pro24 vide data required by the Secretary, or grant access 

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1 retary, result in involuntary forfeiture of the claim 

2 or lease. 

3 (4) MAINTENANCE OF RECORDS.—Records re4 quired by the Secretary under this section shall be 

5 maintained for 7 years after release of financial as6 surance under section 306 unless the Secretary noti7 fies the operator that the Secretary has initiated an 

8 audit or investigation involving such records and 

9 that such records must be maintained for a longer 

10 period. In any case when an audit or investigation 

11 is underway, records shall be maintained until the 

12 Secretary releases the operator of the obligation to 

13 maintain such records. 

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

15 such audits of all claim or lease holders, operators, trans16 porters, purchasers, processors, or other persons directly 

17 or indirectly involved in the production or sale of minerals 

18 covered by this Act, as the Secretary deems necessary for 

19 the purposes of ensuring compliance with the require20 ments of this section. For purposes of performing such 

21 audits, the Secretary shall, at reasonable times and upon 

22 request, have access to, and may copy, all books, papers 

23 and other documents that relate to compliance with any 

24 provision of this section by any person. 

25 (g) COOPERATIVE AGREEMENTS.— 


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1 (1) IN GENERAL.—The Secretary is authorized 

2 to enter into cooperative agreements with the Sec3 retary of Agriculture to share information con4 cerning the royalty management of hardrock min5 erals, concentrates, or products derived therefrom, to 

6 carry out inspection, auditing, investigation, or en7 forcement (not including the collection of royalties, 

8 civil or criminal penalties, or other payments) activi9 ties under this section in cooperation with the Sec10 retary, and to carry out any other activity described 

11 in this section. 

12 (2) SECRETARY OF AGRICULTURE.—Except as 

13 provided in paragraph (3), and pursuant to a coop14 erative agreement, the Secretary of Agriculture 

15 shall, upon request, have access to all royalty ac16 counting information in the possession of the Sec17 retary respecting the production, removal, or sale of 

18 hardrock minerals, concentrates, or products derived 

19 therefrom from claims or leases on lands open to lo20 cation under this Act. 

21 (3) TRADE SECRETS.—Trade secrets, propri22 etary, and other confidential information protected 

23 from disclosure under section 552 of title 5, United 

24 States Code, shall be made available by the Sec25 retary to other Federal agencies as necessary to asVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 sure compliance with this Act and other Federal 

2 laws. The Secretary, the Secretary of Agriculture, 

3 the Administrator of the Environmental Protection 

4 Agency, and other Federal officials shall ensure that 

5 such information is provided protection in accord6 ance with the requirements of that section. 

7 (h) INTEREST AND SUBSTANTIAL UNDERREPORTING

8 ASSESSMENTS.— 

9 (1) PAYMENTS NOT RECEIVED.—In the case of 

10 mining claims or leases where royalty payments are 

11 not received by the Secretary on the date that such 

12 payments are due, the Secretary shall charge inter13 est on such underpayments at the same interest rate 

14 as the rate applicable under section 6621(a)(2) of 

15 the Internal Revenue Code of 1986. In the case of 

16 an underpayment, interest shall be computed and 

17 charged only on the amount of the deficiency and 

18 not on the total amount. 

19 (2) UNDERREPORTING.—If there is any under20 reporting of royalty owed on production from a 

21 claim or lease for any production month by any per22 son liable for royalty payments under this section, 

23 the Secretary shall assess a penalty of not greater 

24 than 25 percent of the amount of that under25 reporting. 


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1 (3) SELF-REPORTING.—The Secretary may 

2 waive or reduce the assessment provided in para3 graph (2) of this subsection if the person liable for 

4 royalty payments under this section corrects the 

5 underreporting before the date such person receives 

6 notice from the Secretary that an underreporting 

7 may have occurred, or before 90 days after the date 

8 of the enactment of this section, whichever is later. 

9 (4) WAIVER.—The Secretary shall waive any 

10 portion of an assessment under paragraph (2) of 

11 this subsection attributable to that portion of the 

12 underreporting for which the person responsible for 

13 paying the royalty demonstrates that— 

14 (A) such person had written authorization 

15 from the Secretary to report royalty on the 

16 value of the production on basis on which it was 

17 reported; 

18 (B) such person had substantial authority 

19 for reporting royalty on the value of the produc20 tion on the basis on which it was reported; 

21 (C) such person previously had notified the 

22 Secretary, in such manner as the Secretary may 

23 by rule prescribe, of relevant reasons or facts 

24 affecting the royalty treatment of specific pro25 duction which led to the underreporting; or 


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1 (D) such person meets any other exception 

2 which the Secretary may, by rule, establish. 

3 (5) DEFINITION.—For the purposes of this sub4 section, the term ‘‘underreporting’’ means the dif5 ference between the royalty on the value of the pro6 duction that should have been reported and the roy7 alty on the value of the production which was re8 ported, if the value that should have been reported 

9 is greater than the value that was reported. 

10 (6) HARDROCK MINERALS RECLAMATION

11 FUND.—All penalties collected under this subsection 

12 shall be deposited in the Hardrock Minerals Rec13 lamation Fund established by this Act. 

14 (i) EXPANDED ROYALTY OBLIGATIONS.—Each per15 son liable for royalty payments under this section shall 

16 be jointly and severally liable for royalty on all hardrock 

17 minerals, concentrates, or products derived therefrom lost 

18 or wasted from a mining claim or lease when such loss 

19 or waste is due to negligence on the part of any person 

20 or due to the failure to comply with any rule, regulation, 

21 or order issued under this section. 

22 (j) GROSS INCOME FROM MINING DEFINED.—For 

23 the purposes of this section, for any hardrock mineral, the 

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


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1 as the term ‘‘gross income’’ in section 613(c) of the Inter2 nal Revenue Code of 1986. 

3 (k) EFFECTIVE DATE.—Royalties under this Act 

4 shall take effect with respect to the production of hardrock 

5 minerals after the enactment of this Act, but any royalty 

6 payments attributable to production during the first 12 

7 calendar months after the enactment of this Act shall be 

8 payable at the expiration of such 12-month period. 

9 (l) FAILURE TO COMPLY WITH ROYALTY REQUIRE10 MENTS.—Any person who fails to comply with the require11 ments of this section or any regulation or order issued to 

12 implement this section shall be liable for a civil penalty 

13 under section 109 of the Federal Oil and Gas Royalty 

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

15 if the claim or lease maintained in compliance with this 

16 Act were a lease under such Act. 

17 SEC. 108. EXISTING PRODUCTION. 

18 The holder of a mining claim located or converted 

19 under this Act for which mineral activities have already 

20 commenced under an approved plan of operations as of 

21 the date of enactment of this Act shall have the exclusive 

22 right of possession and use of the claimed land for mineral 

23 activities, including the right of ingress and egress to such 

24 claimed lands for such activities, subject to the rights of 

25 the United States under this Act and other applicable 


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1 Federal law. Such rights of the claim holder shall termi2 nate upon completion of mineral activities on such lands 

3 to the satisfaction of the Secretary. 

4 SEC. 109. HARDROCK MINING CLAIM MAINTENANCE FEE. 

5 (a) FEE.— 

6 (1) IN GENERAL.— 

7 (A) REQUIRED FEES.—Except as provided 

8 in section 2511(e)(2) of the Energy Policy Act 

9 of 1992 (30 U.S.C. 242), or as otherwise pro10 vided in this Act, for each unpatented mining 

11 claim, mill, or tunnel site on federally owned 

12 lands, whether located before or on the date of 

13 enactment of this Act, each claimant shall pay 

14 to the Secretary, on or before August 31 of 

15 each year, a claim maintenance fee of $200 per 

16 claim to hold such unpatented mining claim, 

17 mill or tunnel site for the assessment year be18 ginning at noon on the next day, September 1. 

19 Such claim maintenance fee shall be in lieu of 

20 the assessment work requirement contained in 

21 the Mining Law of 1872 (30 U.S.C. 28 et seq.) 

22 and the related filing requirements contained in 

23 section 314 (a) and (c) of the Federal Land 

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

25 1744 (a) and (c)). 


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1 (B) EXCEPTION FOR SMALL MINERS.— 

2 Subparagraph (A) and the assessment work re3 quirement contained in the Mining Law of 1872 

4 (30 U.S.C. 28 et seq.) shall not apply with re5 spect to any claim held by a small miner. 

6 (2) FEE ADJUSTMENTS.— 

7 (A) INFLATION.—The Secretary shall ad8 just the fees required by this subsection to re9 flect changes in the Consumer Price Index pub10 lished by the Bureau of Labor Statistics of the 

11 Department of Labor every 3 years after the 

12 date of enactment of this Act, or more fre13 quently if the Secretary determines an adjust14 ment to be reasonable. 

15 (B) NOTICE.—The Secretary shall provide 

16 claimants notice of any adjustment made under 

17 this paragraph not later than July 1 of any 

18 year in which the adjustment is made. 

19 (C) APPLICATION.—A fee adjustment 

20 under this paragraph shall begin to apply the 

21 calendar year following the calendar year in 

22 which it is made. 

23 (3) Moneys received under this subsection that 

24 are not otherwise allocated for the administration of 

25 the mining laws by the Department of the Interior 


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1 shall be deposited in the Hardrock Minerals Rec2 lamation Fund established by section 501. 

3 (b) CO-OWNERSHIP.—The co-ownership provisions of 

4 the Mining Law of 1872 (30 U.S.C. 28 et seq.) shall re5 main in effect except that the annual claim maintenance 

6 fee, where applicable, shall replace applicable assessment 

7 requirements and expenditures. 

8 (c) FAILURE TO PAY.—Failure to pay the claim 

9 maintenance fee as required by subsection (a) shall conclu10 sively constitute a forfeiture of the unpatented mining 

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

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

13 (d) OTHER REQUIREMENTS.— 

14 (1) REQUIRED FILINGS.—Nothing in this sec15 tion shall change or modify the requirements of sec16 tion 314(b) of the Federal Land Policy and Manage17 ment Act of 1976 (43 U.S.C. 1744(b)), or the re18 quirements of section 314(c) of the Federal Land 

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

20 1744(c)) related to filings required by section 

21 314(b), which remain in effect. 

22 (2) MINING LAW OF 1872.—Section 2324 of the 

23 Revised Statutes of the United States (30 U.S.C. 

24 28) is amended by inserting ‘‘or section 103(a) of 


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1 the Hardrock Leasing and Reclamation Act of 

2 2019’’ after ‘‘Act of 1993’’. 

3 SEC. 110. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY 

4 OF CLAIMS. 

5 Except as otherwise provided in section 101, timely 

6 payment of the claim maintenance fee required by section 

7 109 or any related law relating to the use of Federal land, 

8 asserts the claimant’s authority to use and occupy the 

9 Federal land concerned for prospecting and exploration, 

10 consistent with the requirements of this Act and other ap11 plicable law. 

12 SEC. 111. PROTECTION OF SPECIAL PLACES. 

13 (a) PROTECTION OF NATIONAL PARK SYSTEM UNITS

14 AND NATIONAL MONUMENTS.—No permit shall be issued 

15 under this Act that authorizes mineral activities that 

16 would impair the land or resources of a unit of the Na17 tional Park System or a national monument. For purposes 

18 of this subsection, the term ‘‘impair’’ includes any diminu19 tion of the affected land including wildlife, scenic assets, 

20 water resources, air quality, and acoustic qualities, or 

21 other changes that would impair a citizen’s experience at 

22 the National Park System unit or a national monument. 

23 (b) PROTECTION OF CONSERVATION AREAS.—In 

24 order to protect the resources and values of National Con25 servation System units, the Secretary, as appropriate, 


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1 shall utilize authority under this Act and other applicable 

2 law to the fullest extent necessary to prevent mineral ac3 tivities that could have an adverse impact on the resources 

4 or values for which such units were established. 

5 (c) LANDS NOT OPEN TO MINING.—Notwithstanding 

6 any other provision of law and subject to valid existing 

7 rights, no hardrock mining activity shall be allowed in any 

8 of the following: 

9 (1) Sacred sites. 

10 (2) Wilderness study areas. 

11 (3) Areas of critical environmental concern. 

12 (4) Units of the National Conservation System. 

13 (5) Areas designated for inclusion in the Na14 tional Wild and Scenic Rivers System pursuant to 

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

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

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

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

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

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

21 (6) Any area identified in the set of inventoried 

22 roadless areas maps contained in the Forest Service 

23 Roadless Area Conservation Final Environmental 

24 Impact Statement, Volume 2, dated November 2000. 


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1 SEC. 112. SUITABILITY DETERMINATION. 

2 (a) IN GENERAL.—The Secretary concerned shall 

3 make each determination of whether lands are suitable for 

4 mineral activities that is otherwise required by this Act, 

5 in accordance with subsection (b). 

6 (b) SUITABILITY.— 

7 (1) IN GENERAL.—The Secretary concerned 

8 shall consider lands suitable for mineral activities if 

9 the Secretary concerned finds that such activities 

10 would not result in undue degradation to a special 

11 characteristic described in paragraph (2) that cannot 

12 be prevented by the imposition of conditions in the 

13 permit required for such activities under title III. 

14 (2) SPECIAL CHARACTERISTICS.—For purposes 

15 of paragraph (1) the Secretary concerned shall con16 sider each of the following to be a special char17 acteristic: 

18 (A) The existence of a significant water re19 source or supply in or associated with such 

20 lands, including any aquifer or aquifer recharge 

21 area. 

22 (B) The presence on such lands, or any 

23 adjacent lands, of a publicly owned place that 

24 is listed on, or determined by the Secretary of 

25 the Interior to be eligible for listing on, the Na26 tional Register of Historic Places. 


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1 (C) The designation of all or any portion 

2 of such lands, or any adjacent lands, as a Na3 tional Conservation System unit. 

4 (D) The designation of all or any portion 

5 of such lands, or any adjacent lands, as critical 

6 habitat under the Endangered Species Act of 

7 1973 (16 U.S.C. 1531 et seq.). 

8 (E) The designation of all or any portion 

9 of such lands, or any adjacent lands, as a class 

10 I area under section 162 of the Clean Air Act 

11 (42 U.S.C. 7472). 

12 (F) The presence of such other resource 

13 values as the Secretary concerned may by rule 

14 specify, determined based upon field testing, 

15 evaluation, or credible information that verifies 

16 such values. 

17 (G) The designation of such lands, or adja18 cent lands, as a Research Natural Area. 

19 (H) The presence on such lands, or any 

20 adjacent lands, of a sacred site. 

21 (I) The presence or designation of such 

22 lands adjacent to lands not open to mining pur23 suant to section 111. 

24 (3) A determination under this subsection of 

25 suitability for mineral activities shall be made after 


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1 publication of notice and an opportunity for submis2 sion of public comment for a period of not less than 

3 60 days. 

4 (4) Any determination made in accordance with 

5 this subsection with respect to lands shall be incor6 porated into each Federal land use plan applicable 

7 to such lands, at the time such plan is adopted, re8 vised, or significantly amended pursuant to any Fed9 eral law other than this Act. 

10 (c) CHANGE REQUEST.—The Secretary concerned 

11 shall, by rule, provide for an opportunity for any person 

12 to request a change in determination for any Federal land 

13 found suitable under subsection (a). 

14 (d) EXISTING OPERATIONS.—Nothing in this section 

15 shall be construed as affecting lands on which mineral ac16 tivities were being conducted on the date of enactment of 

17 this Act under an approved plan of operations or under 

18 notice. 

19 TITLE II—CONSULTATION 

20 PROCEDURE 

21 SEC. 201. REQUIREMENT FOR CONSULTATION. 

22 (a) SCOPE.—Agencies shall have an accountable 

23 process to ensure meaningful and timely input by Indian 

24 Tribes and Tribal officials prior to undertaking any min25 eral activities that may have substantial direct impacts on 


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1 the lands or interests of one or more Indian Tribes, on 

2 the relationship between the Federal Government and In3 dian Tribes, or on the distribution of power and respon4 sibilities between the Federal Government and Indian 

5 Tribes. Consultation with Indian Tribes shall occur for all 

6 mineral activities that would affect any part of any Fed7 eral land that shares a border with Indian country as de8 fined in section 1151 of title 18, United States Code, but 

9 is not limited to mineral activities on such lands. 

10 (b) MULTIAGENCY MINERAL ACTIVITIES.—In the 

11 case of agency-drafted proposed legislation, the drafting 

12 agency, and any other agency that will be implementing 

13 the legislation, shall each be considered involved in the 

14 mineral activity. If more than one agency is involved in 

15 a mineral activity, some or all of the agencies may des16 ignate a lead agency, which shall fulfill their collective con17 sultation responsibilities. Those agencies that do not des18 ignate a lead agency shall remain individually responsible 

19 for their consultation responsibilities under this Act. 

20 (c) LIMITATION.—Nothing in this Act shall exempt 

21 an agency from additional consultation required under any 

22 other law or from taking any other consultative actions 

23 as required by any other law or agency prerogative in addi24 tion to those required by this Act. Nor does it preclude 

25 an agency from additional consultation that complies with 


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1 agency regulations for consultation, advances agency con2 sultation practices, or supports agency efforts to build or 

3 strengthen government-to-government relationships with 

4 Indian Tribes. 

5 (d) TEMPORARY WAIVER.— 

6 (1) IN GENERAL.—The agency may temporarily 

7 waive the requirements of this title in all or any por8 tion of any emergency area during all or any portion 

9 of an emergency period. 

10 (2) DURATION OF WAIVER.—A temporary waiv11 er under this subsection shall end upon the termi12 nation of the applicable emergency period. 

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

14 subsection— 

15 (A) the term ‘‘emergency area’’ means a 

16 geographical area in which there exists an 

17 emergency or disaster declared by the President 

18 pursuant to the National Emergencies Act (50 

19 U.S.C. 1601 et seq.) or the Robert T. Stafford 

20 Disaster Relief and Emergency Assistance Act 

21 (42 U.S.C. 5121 et seq.); and 

22 (B) the term ‘‘emergency period’’ means 

23 the period during which there exists an emer24 gency or disaster declared by the President pur25 suant to the National Emergencies Act (50 


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1 U.S.C. 1601 et seq.) or the Robert T. Stafford 

2 Disaster Relief and Emergency Assistance Act 

3 (42 U.S.C. 5121 et seq.). 

4 SEC. 202. TIMING. 

5 Consultation under sections 203 and 204 shall be 

6 completed before any Federal funds are expended for the 

7 mineral activity and before the issuance of any license 

8 other than for funding nondestructive project planning 

9 mineral activities. 

10 SEC. 203. SCOPING STAGE CONSULTATION. 

11 (a) PLANNING DOCUMENT.—As early as possible in 

12 the planning stage of a mineral activity, the agency shall 

13 compile a draft of the scope of the project, including any 

14 geographic areas important to Indian Tribes that might 

15 be affected and any other anticipated Tribal impacts. The 

16 agency shall make a good faith effort to include areas that 

17 contain sites important to Indian Tribes whether or not 

18 such sites are explicitly known to the agency. 

19 (b) INITIAL CONSULTATION CONTACT.—The agen20 cy— 

21 (1) shall send, via United States mail and, if 

22 possible, email, a copy of the planning document and 

23 a letter requesting consultation meetings to the rel24 evant Tribal Government officials, including the 

25 Tribal leader and all members of any elected Tribal 


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1 governing body, relevant Tribal governmental agen2 cies (including the Tribal Historic Preservation Offi3 cer or cultural resource manager), and relevant non4 Tribal stakeholders (including the State Historic 

5 Preservation Officer and local governments that 

6 have jurisdiction on any affected land via agreement 

7 with the agency); 

8 (2) at the request of an affected Indian Tribe, 

9 shall send, via United States mail and, if possible, 

10 email, a copy of the planning document and a letter 

11 requesting consultation meetings to nongovern12 mental Tribal stakeholders, such as elders councils 

13 and religious leaders; 

14 (3) shall not request consultation with non15 governmental Tribal stakeholders without the writ16 ten consent of the affected Indian Tribe; and 

17 (4) shall follow up with phone calls to confirm 

18 receipt of the documents by all intended recipients. 

19 (c) CONSULTATION MEETING ARRANGEMENTS.—The 

20 agency shall negotiate with the affected Indian Tribes to 

21 determine the time, place, agenda, travel funds, facilitator, 

22 format, and goals of a consultation meeting. The agency 

23 shall keep thorough documentation of all steps taken to 

24 contact and engage the affected Indian Tribes in consulta25 tion. If, after a good faith effort, the agency fails to enVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 gage the affected Indian Tribes, it may terminate its 

2 scoping stage consultation efforts by providing all con3 sultation partners with a written notification and expla4 nation for its decision, signed by the head of the agency, 

5 and proceed to the decision stage procedures described in 

6 section 204. 

7 (d) SCOPING STAGE CONSULTATION MEETING.—A 

8 scoping stage consultation meeting shall begin with con9 firmation of the format, facilitator, and agenda, with ade10 quate time scheduled for introductions and for interaction 

11 throughout the meeting among participants. Whenever 

12 possible, Tribal stakeholders shall be brought into the on13 going planning process directly by forming ad hoc 

14 workgroups (including Tribal leaders or their designees) 

15 and, if appropriate, initiating a process for consensual de16 velopment of regulations, such as negotiated rulemaking. 

17 A scoping stage consultation meeting shall conclude with 

18 planning for the next meeting, if necessary. 

19 (e) TERMINATION OF SCOPING STAGE CONSULTA20 TION WITH A MEMORANDUM OF AGREEMENT.— 

21 (1) TERMINATION.—Except as provided by sub22 section (c), scoping stage consultation shall termi23 nate upon the execution of a memorandum of agree24 ment signed by the head of the agency and the af25 fected Indian Tribal Governments. 


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1 (2) SIGNATORIES.—The affected Indian Tribal 

2 Governments and the agency may jointly invite addi3 tional parties to be signatories of the memorandum 

4 of agreement. The signatories have sole authority to 

5 execute, amend, or terminate the memorandum of 

6 agreement. If any signatory determines that the 

7 terms of the memorandum of agreement cannot be 

8 or are not being carried out, the signatories shall 

9 consult to seek amendment of the memorandum of 

10 agreement. If the memorandum of agreement is not 

11 amended, any signatory may terminate the agree12 ment, with the option to return to scoping stage con13 sultation. The agency shall provide all nonsignatory 

14 consulting partners with the opportunity to submit 

15 a written statement, explanation, or comment on the 

16 consultation proceedings that shall become part of 

17 the agency’s official consultation record. 

18 (3) MEMORANDUM OF AGREEMENT.—The 

19 memorandum of agreement— 

20 (A) may address multiple activities if the 

21 activities are similar and repetitive or are 

22 multistate or regional in scope, or where routine 

23 management activities are undertaken at Fed24 eral installations, facilities, or other land man25 agement units; 


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1 (B) may establish standard processes for 

2 certain categories of activities determined 

3 through consultation and defined in the memo4 randum of agreement; 

5 (C) shall include a provision for monitoring 

6 and reporting on its implementation; 

7 (D) shall include provisions for termination 

8 or reconsideration if the activity has not been 

9 completed within a specified time; and 

10 (E) shall include provisions to address new 

11 discoveries, which may include halting the activ12 ity and returning to scoping stage consultation. 

13 (f) TERMINATION OF SCOPING STAGE CONSULTA14 TION WITHOUT A MEMORANDUM OF AGREEMENT.—The 

15 agency shall make a good faith effort through sustained 

16 interaction and collaboration to reach a consensus result17 ing in a memorandum of agreement. If, after a good faith 

18 effort, the agency determines that further consultation will 

19 not be productive, it may terminate consultation by pro20 viding all consultation partners with a written notification 

21 and explanation for its decision, signed by the head of the 

22 agency, and proceed to the decision stage procedures de23 scribed in section 204. The affected Indian Tribal Govern24 ments may at any point decide to terminate consultation. 

25 In such case, the agency shall provide the affected Indian 


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1 Tribal Governments with the opportunity to submit a writ2 ten statement, explanation, or comment on the consulta3 tion proceedings that will become part of the agency’s offi4 cial consultation record. 

5 SEC. 204. DECISION STAGE PROCEDURES. 

6 (a) PROPOSAL DOCUMENT.—The agency shall com7 pile a document consisting of the plan for the activity, its 

8 anticipated Tribal impacts, any memorandum of agree9 ment, and any written statements made by consulting 

10 partners during the scoping stage as described in section 

11 203. The agency shall include sufficient supporting docu12 mentation to the extent permitted by law and within avail13 able funds to enable any reviewing parties to understand 

14 its basis. The agency may use documentation prepared to 

15 comply with other laws to fulfill the requirements of this 

16 provision to the extent that such documentation is suffi17 ciently pertinent to and focused on the relevant issues as 

18 to allow reasonable ease of review. The agency shall mail 

19 and, if possible, email a copy of the Proposal Document 

20 to all affected Indian Tribal Governments, including those 

21 that withdrew from the process. At a minimum, the docu22 ment shall go to the Tribal leader and all members of any 

23 elected Tribal governing body. The agency shall follow up 

24 to confirm receipt of the document. After these steps have 

25 been completed, the Proposal Document shall be published 


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1 in the Federal Register, subject to the provisions of section 

2 207. 

3 (b) PUBLIC COMMENT PERIOD.—The agency shall 

4 provide a period of not less than 90 days after publication 

5 in the Federal Register for comments on the Proposal 

6 Document. A 30-day extension shall be granted upon re7 quest by any member of any of the affected Indian Tribal 

8 governing bodies. 

9 (c) PRELIMINARY DECISION.—After expiration of the 

10 comment period, the agency shall prepare a preliminary 

11 decision letter, signed by the head of the agency. The let12 ter shall state the decision to proceed or not proceed with 

13 the mineral activity, the decision’s rationale, any changes 

14 in the proposal made in response to comments, and any 

15 points where the decision conflicts with the expressed re16 quests of any of the affected Indian Tribes. It shall par17 ticularly address why the decision was made to disregard 

18 any such requests. The agency shall mail and, if possible, 

19 email a copy of the letter to all affected Indian Tribal Gov20 ernments, including those that withdrew from the process. 

21 At a minimum, the letter shall go to the Tribal leader and 

22 all members of the Tribal governing body. The agency 

23 shall follow up to confirm receipt of the letter. 

24 (d) FINAL DECISION.—The agency shall provide a 

25 60-day period following the issuance of the preliminary deVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 cision letter for response by the affected Indian Tribes. 

2 Thereafter, the agency shall notify in writing, signed by 

3 the head of the agency, the affected Indian Tribal Govern4 ments, including those that withdrew from the process, of 

5 the agency’s final decision. 

6 SEC. 205. DOCUMENTATION AND REPORTING. 

7 (a) OFFICIAL CONSULTATION RECORD.—The agency 

8 shall keep an official consultation record that allows accu9 rate tracking of the process so that agencies and con10 sulting parties can correct any errors or omissions, and 

11 provides an official record of the process that can be re12 ferred to in any litigation that may arise. The agency shall 

13 document all efforts to initiate consultation as well as doc14 umenting the process once it has begun. Such documenta15 tion, including correspondence, telephone logs, and emails, 

16 shall be included in the agency’s official consultation 

17 record. The agency shall also keep notes so that the con18 sultation record documents the content of consultation 

19 meetings, site visits, and phone calls in addition to infor20 mation about dates and who participated. 

21 (b) PAYMENT FOR TRIBAL DOCUMENTATION

22 WORK.—If the agency asks an Indian Tribe for specific 

23 information or documentation regarding the location, na24 ture, and condition of individual sites, to conduct a survey, 

25 or in any way fulfill the duties of the agency in a role 


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1 similar to that of a consultant or contractor, then the 

2 agency must pay for such services, if so requested by the 

3 Indian Tribe, as it would for any private consultant or 

4 contractor. 

5 (c) REPORT TO CONGRESS.—Each agency shall on a 

6 biennial basis submit to Congress a report on its consulta7 tion activities. 

8 SEC. 206. IMPLEMENTATION. 

9 Not later than 30 days after the date of the enact10 ment of this Act, the head of each agency shall designate 

11 an official with principal responsibility for the agency’s re12 view of existing consultation and coordination policies and 

13 procedures, and implementation of this Act. Not later than 

14 60 days after the effective date of this order, the des15 ignated official shall submit to the Office of Management 

16 and Budget a description of the agency’s revised consulta17 tion process in conformity with this Act. 

18 SEC. 207. SENSITIVE TRIBAL INFORMATION. 

19 Notwithstanding any provision of the Administrative 

20 Procedures Act, consultation meetings shall be closed to 

21 the public at the request of the Indian Tribal Government. 

22 Notwithstanding any provision of the Freedom of Infor23 mation Act, all information designated by the Indian Tribe 

24 as sensitive, such as the location of sacred sites or other 

25 details of cultural or religious practices, shall be deleted 


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1 from any public publication made as part of the consulta2 tion process or in the process of carrying out the activity. 

3 Once information has been designated as sensitive, the 

4 agency will determine in consultation with the Indian 

5 Tribe who may have access to the information for the pur6 poses of carrying out the mineral activity. 

7 TITLE III—ENVIRONMENTAL 

8 CONSIDERATIONS OF MIN9 ERAL EXPLORATION AND DE10 VELOPMENT 

11 SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON 

12 FEDERAL LAND. 

13 Notwithstanding section 302(b) of the Federal Land 

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

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

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

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

18 in accordance with this title and applicable law, unless ex19 pressly stated otherwise in this Act, the Secretary shall 

20 ensure that mineral activities on any Federal land that 

21 is subject to a mining claim, millsite claim, tunnel site 

22 claim, or any authorization issued under title I of this Act 

23 are carefully controlled to prevent undue degradation of 

24 public lands and resources. 


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1 SEC. 302. PERMITS. 

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

3 mineral activities on Federal land that may cause a dis4 turbance of surface resources, including land, air, ground 

5 water and surface water, and fish and wildlife, unless a 

6 permit was issued to such person under this title author7 izing such activities. 

8 (b) NEGLIGIBLE DISTURBANCE.—Notwithstanding 

9 subsection (a), a permit under this title shall not be re10 quired for mineral activities that are a casual use of the 

11 Federal land. 

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

13 extent practicable, the Secretary and the Secretary of Ag14 riculture shall conduct the permit processes under this Act 

15 in coordination with the timing and other requirements 

16 under section 102 of the National Environmental Policy 

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

18 SEC. 303. EXPLORATION PERMIT. 

19 (a) AUTHORIZED EXPLORATION ACTIVITY.—Any ap20 plicant may apply for an exploration permit for any min21 ing claim, license, or lease authorizing the applicant to re22 move a reasonable amount of the hardrock minerals, as 

23 defined in the license or lease or established in such regu24 lations as the Secretary shall promulgate, from the area 

25 that is subject to the claim, license, or lease, respectively, 

26 for analysis, study, and testing. Such permit shall not auVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 thorize the applicant to remove any mineral for sale nor 

2 to conduct any activities other than those required for ex3 ploration for hardrock minerals and reclamation. 

4 (b) PERMIT APPLICATION REQUIREMENTS.—An ap5 plication for an exploration permit under this section shall 

6 be submitted in a manner satisfactory to the Secretary 

7 concerned, and shall contain an exploration plan, a rec8 lamation plan for the proposed exploration, and such docu9 mentation as necessary to ensure compliance with applica10 ble Federal and State environmental laws and regulations. 

11 (c) RECLAMATION PLAN REQUIREMENTS.—The rec12 lamation plan required to be included in a permit applica13 tion under subsection (b) shall include such provisions as 

14 may be jointly prescribed by the Secretary and the Sec15 retary of Agriculture by regulations. Such regulations 

16 shall, at a minimum, require the following: 

17 (1) The applicant has demonstrated that pro18 posed reclamation can be accomplished. 

19 (2) The proposed exploration activities and con20 dition of the land after the completion of exploration 

21 activities and final reclamation will conform with the 

22 land use plan applicable to the area subject to min23 eral activities. 

24 (3) The area subject to the proposed permit is 

25 not included within an area listed in section 111. 


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1 (4) The applicant has demonstrated that the 

2 exploration plan and reclamation plan will be in 

3 compliance with the requirements of this Act and all 

4 other applicable Federal requirements, and any 

5 State requirements agreed to by the Secretary con6 cerned. 

7 (5) The applicant has demonstrated that the re8 quirements of section 306 will be met. 

9 (6) The applicant is eligible to receive a permit 

10 under section 305. 

11 (d) TERM OF PERMIT.—An exploration permit shall 

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

13 that necessary to accomplish the proposed exploration, 

14 and in no case for more than 10 years. 

15 (e) PERMIT MODIFICATION.—During the term of an 

16 exploration permit the permit holder may submit an appli17 cation to modify the permit. To approve a proposed modi18 fication to the permit, the Secretary concerned shall make 

19 the same determinations as are required in the case of 

20 an original permit, except that the Secretary and the Sec21 retary of Agriculture may specify by joint rule the extent 

22 to which requirements for initial exploration permits under 

23 this section shall apply to applications to modify an explo24 ration permit based on whether such modifications are 

25 deemed significant or minor. 


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1 (f) TRANSFER, ASSIGNMENT, OR SALE OF RIGHTS.— 

2 (1) PRIOR WRITTEN APPROVAL.—No transfer, 

3 assignment, or sale of rights granted by a permit 

4 issued under this section shall be made without the 

5 prior written approval of the Secretary concerned. 

6 (2) APPROVAL.—Such Secretary shall allow a 

7 person holding a permit to transfer, assign, or sell 

8 rights under the permit to a successor, if the Sec9 retary finds in writing that the successor— 

10 (A) is eligible to receive a permit under 

11 section 304; 

12 (B) has submitted evidence of financial as13 surance satisfactory under section 306; and 

14 (C) meets any other requirements specified 

15 by the Secretary. 

16 (3) ASSUMED LIABILITY.—The successor in in17 terest shall assume the liability and reclamation re18 sponsibilities established by the existing permit and 

19 shall conduct the mineral activities in full compli20 ance with this Act, and the terms and conditions of 

21 the permit as in effect at the time of transfer, as22 signment, or sale. 

23 (4) FEE.—Each application for approval of a 

24 permit transfer, assignment, or sale pursuant to this 

25 subsection shall be accompanied by a fee payable to 


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1 the Secretary of the Interior in such amount as may 

2 be established by such Secretary. Such amount shall 

3 be equal to the actual or anticipated cost to the Sec4 retary or the Secretary of Agriculture, as appro5 priate, of reviewing and approving or disapproving 

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

7 the Secretary of the Interior. 

8 SEC. 304. OPERATIONS PERMIT. 

9 (a) OPERATIONS PERMIT.—(1) Any applicant that is 

10 in compliance with all provisions of this Act may apply 

11 to the Secretary concerned for an operations permit au12 thorizing the applicant to carry out mineral activities, 

13 other than casual use, on— 

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

15 valid tunnel site claim, or lease issued under this 

16 Act; and 

17 (B) such additional Federal land as the Sec18 retary may determine is necessary to conduct the 

19 proposed mineral activities, if the operator obtains a 

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

21 under title V of the Federal Land Policy and Man22 agement Act of 1976 (43 U.S.C. 1761 et seq.) and 

23 agrees to pay all fees required under that title for 

24 the permit under that title. 


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

2 permit shall include such terms and conditions as pre3 scribed by such Secretary to carry out this title. 

4 (b) PERMIT APPLICATION REQUIREMENTS.—An ap5 plication for an operations permit under this section shall 

6 be submitted in a manner satisfactory to the Secretary 

7 concerned and shall contain site characterization data, an 

8 operations plan, a reclamation plan, monitoring plans, 

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

10 such documentation as necessary to ensure compliance 

11 with applicable Federal and State environmental laws and 

12 regulations. If the proposed mineral activities will be car13 ried out in conjunction with mineral activities on adjacent 

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

15 of such operations may be required by the Secretary. 

16 (c) PERMIT ISSUANCE OR DENIAL.—(1) After pro17 viding for public participation pursuant to subsection (i), 

18 the Secretary concerned shall issue an operations permit 

19 if such Secretary makes each of the following determina20 tions in writing, and shall deny a permit if such Secretary 

21 finds that the application and applicant do not fully meet 

22 the following requirements: 

23 (A) The permit application, including the site 

24 characterization data, operations plan, and reclama25 tion plan, are complete and accurate and sufficient 


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1 for developing a good understanding of the antici2 pated impacts of the mineral activities and the effec3 tiveness of proposed mitigation and control. 

4 (B) The applicant has demonstrated that the 

5 proposed reclamation in the operation and reclama6 tion plan can be and is likely to be accomplished by 

7 the applicant and will not cause undue degradation. 

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

9 and wildlife resources and habitat contained thereon, 

10 after the completion of mineral activities and final 

11 reclamation, will conform to the land use plan appli12 cable to the area subject to mineral activities and 

13 are returned to a productive use. 

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

15 not listed in section 111 or otherwise ineligible for 

16 mineral activities. 

17 (E) The proposed operation has been designed 

18 to prevent material damage to the hydrologic bal19 ance outside the permit area. 

20 (F) The applicant will fully comply with the re21 quirements of section 306 prior to the initiation of 

22 operations. 

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

24 subsidiary, affiliate, or person controlled by or under 


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1 common control with the applicant or operator, is in2 eligible to receive a permit under section 305. 

3 (H) The reclamation plan demonstrates that 10 

4 years following mine closure, no treatment of surface 

5 or ground water for carcinogens or toxins will be re6 quired to meet water quality standards at the point 

7 of discharge. 

8 (2) With respect to any activities specified in the rec9 lamation plan referred to in subsection (b) that constitute 

10 a removal or remedial action under section 101 of the 

11 Comprehensive Environmental Response, Compensation, 

12 and Liability Act of 1980 (42 U.S.C. 9601), the Secretary 

13 shall consult with the Administrator of the Environmental 

14 Protection Agency prior to the issuance of an operations 

15 permit. The Administrator of the Environmental Protec16 tion Agency shall ensure that the reclamation plan does 

17 not require activities that would increase the costs or like18 lihood of removal or remedial actions under the Com19 prehensive Environmental Response, Compensation, and 

20 Liability Act of 1980 (42 U.S.C. 9601 et seq.) or correc21 tive actions under the Solid Waste Disposal Act (42 

22 U.S.C. 6901 et seq.). 

23 (d) TERM OF PERMIT; RENEWAL.— 

24 (1) IN GENERAL.—An operations permit— 


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1 (A) shall be for an initial term not longer 

2 than the shorter of— 

3 (i) the period necessary to accomplish 

4 the proposed mineral activities subject to 

5 the permit; and 

6 (ii) the length of time remaining on 

7 the applicant’s hardrock mining lease; 

8 (B) shall be renewed for an additional 10- 

9 year period if the operation is in compliance 

10 with the requirements of this Act and other ap11 plicable law; and 

12 (C) shall expire 5 years following the com13 mencement of a temporary cessation unless, 

14 prior to the expiration of the 5 years, the mine 

15 operator has filed with the Secretary a request 

16 for approval to resume operations. 

17 (2) FAILURE TO COMMENCE MINERAL ACTIVI18 TIES.—Failure by the operator to commence mineral 

19 activities within 2 years of the date scheduled in an 

20 operations permit shall require a modification of the 

21 permit if the Secretary concerned determines that 

22 modifications are necessary to comply with section 

23 111. 

24 (e) PERMIT MODIFICATION.— 


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1 (1) APPLICATION.—During the term of an op2 erations permit the operator may submit an applica3 tion to modify the permit (including the operations 

4 plan or reclamation plan). 

5 (2) MODIFICATION BY THE SECRETARY CON6 CERNED.—The Secretary concerned may, at any 

7 time, require reasonable modification to any oper8 ations plan or reclamation plan upon a determina9 tion that the requirements of this Act cannot be met 

10 if the plan is followed as approved. Such determina11 tion shall be based on a written finding and subject 

12 to public notice and hearing requirements estab13 lished by the Secretary concerned. 

14 (3) UNANTICIPATED EVENTS OR CONDI15 TIONS.—A permit modification is required before 

16 changes are made to the approved plan of oper17 ations, or if unanticipated events or conditions exist 

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

19 (A) development of acid or toxic drainage; 

20 (B) loss of springs or water supplies; 

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

22 resulting water impacts that are significantly 

23 different than those predicted in the applica24 tion; 


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1 (D) the need for long-term water treat2 ment; 

3 (E) significant reclamation difficulties or 

4 reclamation failure; 

5 (F) the discovery of significant scientific, 

6 cultural, or biological resources that were not 

7 addressed in the original plan; or 

8 (G) the discovery of hazards to public safe9 ty. 

10 (f) TEMPORARY CESSATION OF OPERATIONS.— 

11 (1) SECRETARIAL APPROVAL REQUIRED.—An 

12 operator conducting mineral activities under an op13 erations permit in effect under this title may not 

14 temporarily cease mineral activities for a period 

15 greater than 180 days unless the Secretary con16 cerned has approved such temporary cessation or 

17 unless the temporary cessation is permitted under 

18 the original permit. 

19 (2) PREVIOUSLY ISSUED OPERATIONS PER20 MITS.—Any operator temporarily ceasing mineral ac21 tivities for a period greater than 90 days under an 

22 operations permit issued before the date of the en23 actment of this Act shall submit, before the expira24 tion of such 90-day period, a complete application 

25 for temporary cessation of operations to the SecVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 retary concerned for approval unless the temporary 

2 cessation is permitted under the original permit. 

3 (3) REQUIRED INFORMATION.—An application 

4 for approval of temporary cessation of operations 

5 shall include such information required under sub6 section (b) and any other provisions prescribed by 

7 the Secretary concerned to minimize impacts on the 

8 environment. After receipt of a complete application 

9 for temporary cessation of operations such Secretary 

10 shall conduct an inspection of the area for which 

11 temporary cessation of operations has been re12 quested. 

13 (4) CONDITIONS FOR APPROVAL.—To approve 

14 an application for temporary cessation of operations, 

15 the Secretary concerned shall make each of the fol16 lowing determinations: 

17 (A) A determination that the methods for 

18 securing surface facilities and restricting access 

19 to the permit area, or relevant portions thereof, 

20 will effectively protect against hazards to the 

21 health and safety of the public and fish and 

22 wildlife. 

23 (B) A determination that reclamation is in 

24 compliance with the approved reclamation plan, 

25 except in those areas specifically designated in 


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1 the application for temporary cessation of oper2 ations for which a delay in meeting such stand3 ards is necessary to facilitate the resumption of 

4 operations. 

5 (C) A determination that the amount of fi6 nancial assurance filed with the permit applica7 tion is sufficient to assure completion of the 

8 reclamation activities identified in the approved 

9 reclamation plan in the event of forfeiture. 

10 (D) A determination that any outstanding 

11 notices of violation and cessation orders in12 curred in connection with the plan for which 

13 temporary cessation is being requested are ei14 ther stayed pursuant to an administrative or ju15 dicial appeal proceeding or are in the process of 

16 being abated to the satisfaction of the Secretary 

17 concerned. 

18 (g) PERMIT REVIEWS.—The Secretary concerned 

19 shall review each permit issued under this section every 

20 10 years during the term of such permit, and before ap21 proving the resumption of operations under subsection (f), 

22 such Secretary shall require the operator to take such ac23 tions as the Secretary deems necessary to assure that min24 eral activities conform to the permit, including adjustment 

25 of financial assurance requirements. 


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1 (h) TRANSFER, ASSIGNMENT, OR SALE OF

2 RIGHTS.— 

3 (1) WRITTEN APPROVAL.—No transfer, assign4 ment, or sale of rights granted by a permit under 

5 this section shall be made without the prior written 

6 approval of the Secretary concerned. 

7 (2) CONDITIONS OF APPROVAL.—The Secretary 

8 concerned may allow a person holding a permit to 

9 transfer, assign, or sell rights under the permit to 

10 a successor, if such Secretary finds, in writing, that 

11 the successor— 

12 (A) has submitted all required information 

13 and is eligible to receive a permit in accordance 

14 with section 305; 

15 (B) has submitted evidence of financial as16 surance satisfactory under section 306; and 

17 (C) meets any other requirements specified 

18 by such Secretary. 

19 (3) ASSUMED LIABILITY.—The successor in in20 terest shall assume the liability and reclamation re21 sponsibilities established by the existing permit and 

22 shall conduct the mineral activities in full compli23 ance with this Act, and the terms and conditions of 

24 the permit as in effect at the time of transfer, as25 signment, or sale. 


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1 (4) FEE.—Each application for approval of a 

2 permit transfer, assignment, or sale pursuant to this 

3 subsection shall be accompanied by a fee payable to 

4 the Secretary concerned in such amount as may be 

5 established by such Secretary. Such amount shall be 

6 equal to the actual or anticipated cost of reviewing 

7 and approving or disapproving such transfer, assign8 ment, or sale, as determined by such Secretary. 

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

10 Interior and the Secretary of Agriculture shall jointly pro11 mulgate regulations to ensure transparency and public 

12 participation in permit decisions required under this Act, 

13 consistent with any requirements that apply to such deci14 sions under section 102 of the National Environmental 

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

16 SEC. 305. PERSONS INELIGIBLE FOR PERMITS. 

17 (a) CURRENT VIOLATIONS.—Unless corrective action 

18 has been taken in accordance with subsection (c), no per19 mit under this title shall be issued or transferred to an 

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

21 the operator (if different than the applicant), any claim, 

22 license, or lease holder (if different than the applicant) of 

23 the claim, license, or lease concerned, or any affiliate or 

24 officer or director of the applicant is currently in violation 

25 of any of the following: 


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

2 under this Act. 

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

5 wildlife conservation law or regulation at any site 

6 where mining, beneficiation, or processing activities 

7 are occurring or have occurred. 

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

10 regulation implementing that Act at any site where 

11 surface coal mining operations have occurred or are 

12 occurring. 

13 (b) SUSPENSION.—The Secretary concerned shall 

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

15 Secretary determines that any of the entities described in 

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

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

18 (c) CORRECTION.— 

19 (1) REINSTATEMENT.—The Secretary con20 cerned may issue or reinstate a permit under this 

21 title if the applicant submits proof that the violation 

22 referred to in subsection (a) or (b) has been cor23 rected or is in the process of being corrected to the 

24 satisfaction of such Secretary and the regulatory au25 thority involved or if the applicant submits proof 


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1 that the violator has filed and is presently pursuing, 

2 a direct administrative or judicial appeal to contest 

3 the existence of the violation. For purposes of this 

4 section, an appeal of any applicant’s relationship to 

5 an affiliate shall not constitute a direct administra6 tive or judicial appeal to contest the existence of the 

7 violation. 

8 (2) CONDITIONAL APPROVAL.—Any permit 

9 which is issued or reinstated based upon proof sub10 mitted under this subsection shall be conditionally 

11 approved or conditionally reinstated, as the case may 

12 be. If the violation is not successfully abated or the 

13 violation is upheld on appeal, the permit shall be 

14 suspended or revoked. 

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

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

17 is a demonstrated pattern of willful violations of the envi18 ronmental protection requirements of this Act by the ap19 plicant, any affiliate of the applicant, or the operator or 

20 claim, license, or lease holder if different than the appli21 cant. 

22 SEC. 306. FINANCIAL ASSURANCE. 

23 (a) FINANCIAL ASSURANCE REQUIRED.— 

24 (1) FORM OF ASSURANCE.—After a permit is 

25 issued under this title and before any exploration or 


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1 operations begin under the permit, the operator shall 

2 file with the Secretary concerned evidence of finan3 cial assurance payable to the United States. The fi4 nancial assurance shall be provided in the form of a 

5 surety bond, a trust fund, letters of credits, govern6 ment securities, certificates of deposit, cash, or an 

7 equivalent form approved by such Secretary. 

8 (2) COVERED ACTIVITIES.—The financial assur9 ance shall cover all lands within the initial permit 

10 area and all affected waters that may require res11 toration, treatment, or other management as a re12 sult of mineral activities, and shall be extended to 

13 cover all lands and waters added pursuant to any 

14 permit modification made under section 303(e) or 

15 section 304(e), or affected by mineral activities. 

16 (b) AMOUNT.—The amount of the financial assur17 ance required under this section shall be sufficient to as18 sure the completion of reclamation and restoration satis19 fying the requirements of this Act if the work were to be 

20 performed by the Secretary concerned in the event of for21 feiture, including the construction and maintenance costs 

22 for any treatment facilities necessary to meet Federal and 

23 State environmental requirements. The calculation of such 

24 amount shall take into account the maximum level of fi25 nancial exposure which shall arise during the mineral acVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 tivity and administrative costs associated with a govern2 ment agency reclaiming the site. 

3 (c) DURATION.—The financial assurance required 

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

5 mineral activities and for an additional period to cover the 

6 operator’s responsibility for reclamation, restoration, and 

7 long-term maintenance, and effluent treatment as speci8 fied in subsection (g). 

9 (d) ADJUSTMENTS.—The amount of the financial as10 surance and the terms of the acceptance of the assurance 

11 may be adjusted by the Secretary concerned from time to 

12 time as the area requiring coverage is increased or de13 creased, or where the costs of reclamation or treatment 

14 change, or pursuant to section 304(f), but the financial 

15 assurance shall otherwise be in compliance with this sec16 tion. The Secretary concerned shall review the financial 

17 guarantee every 3 years and as part of the permit applica18 tion review under section 304(g). 

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

20 opportunity for public comment, and after inspection by 

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

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

24 assurance required under this section if the Secretary 

25 makes both of the following determinations: 


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

3 accomplished as required by this Act. 

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

6 and State requirements applicable pursuant to coop7 erative agreements under section 308, have been ful8 filled. 

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

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

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

13 an area subject to mineral activities and covered by 

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

17 portion of the total financial assurance secured for 

18 the area subject to mineral activities attributable to 

19 the completed activities may be released except that 

20 sufficient assurance must be retained to address 

21 other required reclamation and restoration needs 

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

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


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1 activities and all requirements of the operations plan 

2 and the reclamation plan, and all other requirements 

3 of this Act have been fully met, the remaining por4 tion of the financial assurance may be released. 

5 During the period following release of the financial assur6 ance as specified in paragraph (1), until the remaining 

7 portion of the financial assurance is released as provided 

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

9 with the permit issued under this title. 

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

11 where any discharge or other water-related condition re12 sulting from the mineral activities requires treatment in 

13 order to meet the applicable effluent limitations and water 

14 quality standards, the financial assurance shall include the 

15 estimated cost of maintaining such treatment for the pro16 jected period that will be needed after the cessation of 

17 mineral activities. The portion of the financial assurance 

18 attributable to such estimated cost of treatment shall not 

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

20 5 years, as determined by ongoing monitoring and testing, 

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

22 all applicable effluent limitations and water quality stand23 ards for 5 full years without treatment. 

24 (h) ENVIRONMENTAL HAZARDS.—If the Secretary 

25 concerned determines, after final release of financial asVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 surance, that an environmental hazard resulting from the 

2 mineral activities exists, or the terms and conditions of 

3 the explorations or operations permit of this Act were not 

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

5 issue an order under section 606 requiring the claim hold6 er or operator (or any person who controls the claim hold7 er or operator) to correct the condition such that applica8 ble laws and regulations and any conditions from the plan 

9 of operations are met. 

10 SEC. 307. OPERATION AND RECLAMATION. 

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

12 lands subject to mineral activities carried out under a per13 mit issued under this title to a condition capable of sup14 porting— 

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

16 supporting prior to surface disturbance by the oper17 ator; or 

18 (B) other beneficial uses which conform to ap19 plicable land use plans as determined by the Sec20 retary concerned. 

21 (2) Reclamation shall proceed as contemporaneously 

22 as practicable with the conduct of mineral activities. In 

23 the case of a cessation of mineral activities beyond that 

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


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1 (b) OPERATION AND RECLAMATION STANDARDS.— 

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

4 operation and reclamation standards for mineral activities 

5 permitted under this Act. The Secretaries may determine 

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

8 regulations shall address the following: 

9 (1) Segregation, protection, and replacement of 

10 topsoil or other suitable growth medium, and the 

11 prevention, where possible, of soil contamination. 

12 (2) Maintenance of the stability of all surface 

13 areas. 

14 (3) Control of sediments to prevent erosion and 

15 manage drainage. 

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

19 (5) Reduction of the visual impact of mineral 

20 activities to the surrounding topography, including 

21 as necessary pit backfill. 

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

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


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

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

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

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

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

10 wildlife habitat disturbed by mineral activities. 

11 (10) Preservation of cultural, paleontological, 

12 and cave resources. 

13 (11) Prevention and suppression of fire in the 

14 area of mineral activities. 

15 (c) SURFACE OR GROUND WATER WITHDRAWALS.— 

16 The Secretary concerned shall work with State and local 

17 governments with authority over the allocation and use of 

18 surface and ground water in the area around the mine 

19 site as necessary to ensure that any surface or ground 

20 water withdrawals made as a result of mining activities 

21 approved under this section do not cause undue degrada22 tion. 

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

24 mining claim, license, or lease that has been forfeited, re25 linquished, or lapsed, or a plan that has expired or been 


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1 revoked or suspended, shall continue subject to review and 

2 approval by the Secretary concerned. 

3 SEC. 308. STATE LAW AND REGULATION. 

4 (a) STATE LAW.— 

5 (1) RECLAMATION, LAND USE, ENVIRON6 MENTAL, AND PUBLIC HEALTH STANDARDS.—Any 

7 reclamation, land use, environmental, or public 

8 health protection standard or requirement in State 

9 law or regulation that meets or exceeds the require10 ments of this Act shall not be construed to be incon11 sistent with any such standard. 

12 (2) BONDING REQUIREMENTS.—Any bonding 

13 standard or requirement in State law or regulation 

14 that meets or exceeds the requirements of this Act 

15 shall not be construed to be inconsistent with such 

16 requirements. 

17 (3) INSPECTION STANDARDS.—Any inspection 

18 standard or requirement in State law or regulation 

19 that meets or exceeds the requirements of this Act 

20 shall not be construed to be inconsistent with such 

21 requirements. 

22 (b) APPLICABILITY OF OTHER STATE REQUIRE23 MENTS.— 

24 (1) ENVIRONMENTAL STANDARDS.—Nothing in 

25 this Act shall be construed as affecting any toxic 


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1 substance, solid waste, or air or water quality, 

2 standard or requirement of any State, county, local, 

3 or Tribal law or regulation, which may be applicable 

4 to mineral activities on lands subject to this Act. 

5 (2) WATER RESOURCES.—Nothing in this Act 

6 shall be construed as affecting in any way the right 

7 of any person to enforce or protect, under applicable 

8 law, such person’s interest in water resources af9 fected by mineral activities on lands subject to this 

10 Act. 

11 (c) COOPERATIVE AGREEMENTS.— 

12 (1) IN GENERAL.—Any State may enter into a 

13 cooperative agreement with the Secretary concerned 

14 for the purposes of such Secretary applying such 

15 standards and requirements referred to in subsection 

16 (a) and subsection (b) to mineral activities or rec17 lamation on lands subject to this Act. 

18 (2) COMMON REGULATORY FRAMEWORK.—In 

19 such instances where the proposed mineral activities 

20 would affect lands not subject to this Act in addition 

21 to lands subject to this Act, in order to approve a 

22 plan of operations the Secretary concerned shall 

23 enter into a cooperative agreement with the State 

24 that sets forth a common regulatory framework con25 sistent with the requirements of this Act for the purVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 poses of such plan of operations. Any such common 

2 regulatory framework shall not negate the authority 

3 of the Federal Government to independently inspect 

4 mines and operations and bring enforcement actions 

5 for violations. 

6 (3) NOTICE AND PUBLIC COMMENT.—The Sec7 retary concerned shall not enter into a cooperative 

8 agreement with any State under this section until 

9 after notice in the Federal Register and opportunity 

10 for public comment and hearing. 

11 (d) PRIOR AGREEMENTS.—Any cooperative agree12 ment or such other understanding between the Secretary 

13 concerned and any State, or political subdivision thereof, 

14 relating to the management of mineral activities on lands 

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

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

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

18 1-year period, the State and the Secretary shall review the 

19 terms of the agreement and make changes that are nec20 essary to be consistent with this Act. 


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1 TITLE IV—ABANDONED 

2 HARDROCK MINE RECLAMATION 

3 SEC. 401. ESTABLISHMENT OF FUND. 

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

5 Department of the Treasury a separate account to be 

6 known as the Hardrock Minerals Reclamation Fund. 

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

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

9 is not, in the Secretary’s judgment, required to meet cur10 rent withdrawals. The Secretary of the Treasury shall in11 vest such portion of the Fund in public debt securities 

12 with maturities suitable for the needs of such Fund and 

13 bearing interest at rates determined by the Secretary of 

14 the Treasury, taking into consideration current market 

15 yields on outstanding marketplace obligations of the 

16 United States of comparable maturities. 

17 (c) ADMINISTRATION.—In addition to other uses au18 thorized by this title, the Secretary may use amounts in 

19 the Fund as necessary for the administrative expenses of 

20 the United States, Indian Tribes, and the States to imple21 ment this title. 

22 SEC. 402. CONTENTS OF FUND. 

23 The following amounts shall be credited to the Fund: 

24 (1) All moneys collected pursuant to section 

25 502 and section 506. 


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1 (2) All fees received under section 

2 304(a)(1)(B). 

3 (3) All donations by persons, corporations, as4 sociations, and foundations for the purposes of this 

5 title. 

6 (4) All amounts deposited in the Fund under 

7 title I. 

8 (5) All income on investments under section 

9 401(b). 

10 (6) All amounts deposited in the Fund under 

11 section 403. 

12 SEC. 403. DISPLACED MATERIAL RECLAMATION FEE. 

13 (a) IMPOSITION OF FEE.—Except as provided in sub14 section (g), each operator conducting hardrock mineral ac15 tivities shall pay to the Secretary, for deposit in the 

16 Hardrock Minerals Fund established by section 502, a dis17 placed material reclamation fee of 7 cents per ton of dis18 placed material. 

19 (b) PAYMENT DEADLINE.—Such reclamation fee 

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

21 calendar year beginning with the first calendar year occur22 ring after the date of enactment of this Act. 

23 (c) SUBMISSION OF STATEMENT.—Together with 

24 such reclamation fee, all operators conducting hardrock 

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1 ment of the amount of displaced material produced during 

2 mineral activities during the previous calendar year, the 

3 accuracy of which shall be sworn to by the operator and 

4 notarized. 

5 (d) PENALTY.—Any corporate officer, agent, or di6 rector of a person conducting hardrock mineral activities, 

7 and any other person acting on behalf of such a person, 

8 who knowingly makes any false statement, representation, 

9 or certification, or knowingly fails to make any statement, 

10 representation, or certification, required under this section 

11 with respect to such operation shall, upon conviction, be 

12 punished by a fine of not more than $10,000. 

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

14 of such reclamation fee not properly or promptly paid pur15 suant to this section shall be recoverable, with statutory 

16 interest, from the hardrock mineral activities operator, in 

17 any court of competent jurisdiction in any action at law 

18 to compel payment of debts. 

19 (f) EFFECT.—Nothing in this section requires a re20 duction in, or otherwise affects, any similar fee required 

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

22 (g) EXEMPTION.—The fee under this section shall 

23 not apply for small miners. 

24 SEC. 404. USE AND OBJECTIVES OF THE FUND. 

25 (a) AUTHORIZED USES.— 


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

2 to appropriations, use moneys in the Fund for the 

3 reclamation and restoration of land and water re4 sources adversely affected by past hardrock mineral 

5 activities and related activities on lands described in 

6 section 405, including any of the following: 

7 (A) Protecting public health and safety. 

8 (B) Preventing, abating, treating, and con9 trolling water pollution created by abandoned 

10 mine drainage, including in river watershed 

11 areas. 

12 (C) Reclaiming and restoring abandoned 

13 surface and underground mined areas. 

14 (D) Reclaiming and restoring abandoned 

15 milling and processing areas. 

16 (E) Backfilling, sealing, or otherwise con17 trolling abandoned underground mine entries. 

18 (F) Revegetating land adversely affected 

19 by past mineral activities in order to prevent 

20 erosion and sedimentation, to enhance wildlife 

21 habitat, and for any other reclamation purpose. 

22 (G) Controlling surface subsidence due to 

23 abandoned underground mines. 

24 (H) Enhancing fish and wildlife habitat. 


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1 (2) MANNER OF USE.—Amounts in the Fund 

2 may— 

3 (A) be expended by the Secretary for the 

4 purposes described in paragraph (1); 

5 (B) be transferred by the Secretary to the 

6 Director of the Bureau of Land Management, 

7 the Chief of the Forest Service, the Director of 

8 the National Park Service, the Director of the 

9 United States Fish and Wildlife Service, the 

10 head of any other Federal agency, or any public 

11 entity that volunteers to develop and imple12 ment, and that has the ability to carry out, all 

13 or a significant portion of a reclamation pro14 gram under this title; or 

15 (C) be transferred by the Secretary to an 

16 Indian Tribe or a State to carry out a reclama17 tion program under this title that meets the 

18 purposes described in paragraph (1). 

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

20 Fund— 

21 (1) 25 percent shall be allocated for expenditure 

22 by the Secretary in States or on Tribal lands within 

23 the boundaries of which occurs production of 

24 hardrock minerals or mineral concentrates or prod25 ucts derived from hardrock minerals, based on a forVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 mula reflecting existing production in each such 

2 State or on the land of the Indian Tribe; 

3 (2) 25 percent shall be allocated for expenditure 

4 by the Secretary in States or on Tribal lands based 

5 on a formula reflecting the quantity of hardrock 

6 minerals, or mineral concentrates or products de7 rived from hardrock minerals, historically produced 

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

9 Tribe before the date of enactment of this Act; and 

10 (3) 50 percent shall be allocated for expenditure 

11 by the Secretary to address high-priority needs ac12 cording to the priorities in subsection (c). 

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

14 Fund shall reflect the following priorities in the order stat15 ed: 

16 (1) The protection of public health and safety 

17 from extreme danger from the adverse effects of 

18 past mineral activities, especially as relates to sur19 face water and ground water contaminants. 

20 (2) The protection of public health and safety 

21 from the adverse effects of past mineral activities. 

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

23 wildlife resources previously degraded by the adverse 

24 effects of past mineral activities, which may include 

25 restoration activities in river watershed areas. 


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1 (d) HABITAT.—Reclamation and restoration activi2 ties under this title shall include appropriate mitigation 

3 measures to provide for the continuation of any estab4 lished habitat for wildlife in existence before the com5 mencement of such activities. 

6 (e) RESPONSE OR REMOVAL ACTIONS.—Reclamation 

7 and restoration activities under this title that constitute 

8 a removal or remedial action under section 101 of the 

9 Comprehensive Environmental Response, Compensation, 

10 and Liability Act of 1980 (42 U.S.C. 9601) shall be con11 ducted with the concurrence of the Administrator of the 

12 Environmental Protection Agency. The Secretary and the 

13 Administrator shall enter into a memorandum of under14 standing to establish procedures for consultation, concur15 rence, training, exchange of technical expertise, and joint 

16 activities under the appropriate circumstances, that pro17 vide assurances that reclamation or restoration activities 

18 under this title shall not be conducted in a manner that 

19 increases the costs or likelihood of removal or remedial 

20 actions under the Comprehensive Environmental Re21 sponse, Compensation, and Liability Act of 1980 (42 

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

23 agencies to the maximum extent practicable. 


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1 SEC. 405. ELIGIBLE LANDS AND WATERS. 

2 (a) ELIGIBILITY.—Reclamation expenditures under 

3 this title may only be made with respect to Federal, State, 

4 Indian, local, and private lands that have been affected 

5 by past mineral activities, and water resources that tra6 verse or are contiguous to such lands, including any of 

7 the following: 

8 (1) Lands and water resources that were used 

9 for, or affected by, mineral activities and abandoned 

10 or left in an inadequate reclamation status before 

11 the effective date of this Act. 

12 (2) Lands for which the Secretary makes a de13 termination that there is no continuing reclamation 

14 responsibility of a claim holder, operator, or other 

15 person who abandoned the site prior to completion 

16 of required reclamation under State or other Federal 

17 laws. 

18 (b) INVENTORY.—The Secretary shall prepare and 

19 maintain a publicly available inventory of abandoned 

20 hardrock minerals mines on public lands and any aban21 doned mine on Indian lands that may be eligible for ex22 penditures under this title, and shall submit an annual 

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

24 sites. 


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1 SEC. 406. AUTHORIZATION OF APPROPRIATIONS. 

2 Amounts credited to the Fund are authorized to be 

3 appropriated for the purpose of this title without fiscal 

4 year limitation. 

5 TITLE V—ADDITIONAL 

6 PROVISIONS 

7 SEC. 501. POLICY FUNCTIONS. 

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

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

10 amended— 

11 (1) by inserting ‘‘and to ensure that mineral ex12 traction and processing not cause undue degradation 

13 of the natural and cultural resources of the public 

14 lands’’ after ‘‘activities’’; and 

15 (2) by adding at the end the following: ‘‘It shall 

16 also be the responsibility of the Secretary of Agri17 culture to carry out the policy provisions of clauses 

18 (1) and (2) of the first paragraph of this section.’’. 

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

20 Materials and Minerals Policy, Research and Development 

21 Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by insert22 ing before the period the following: ‘‘, except that for Na23 tional Forest System lands the Secretary of Agriculture 

24 shall promptly initiate actions to improve the availability 

25 and analysis of mineral data in public land use decision26 making’’. 


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1 SEC. 502. USER FEES AND INFLATION ADJUSTMENT. 

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

3 of Agriculture may each establish and collect from persons 

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

5 may be necessary to reimburse the United States for the 

6 expenses incurred in administering such requirements. 

7 Fees may be assessed and collected under this section only 

8 in such manner as may reasonably be expected to result 

9 in an aggregate amount of the fees collected during any 

10 fiscal year which does not exceed the aggregate amount 

11 of administrative expenses referred to in this section. 

12 (b) ADJUSTMENT.— 

13 (1) INFLATION.—The Secretary shall adjust the 

14 fees required by this section, and all claim mainte15 nance fees, rental rates, penalty amounts, and other 

16 dollar amounts established in this Act, to reflect 

17 changes in the Consumer Price Index published by 

18 the Bureau of Labor Statistics of the Department of 

19 Labor every 3 years after the date of enactment of 

20 this Act, or more frequently if the Secretary deter21 mines an adjustment to be reasonable. 

22 (2) NOTICE.—The Secretary shall provide 

23 claimants, license holders, and lease holders notice of 

24 any adjustment made under this subsection not later 

25 than July 1 of any year in which the adjustment is 

26 made. 


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1 (3) APPLICABILITY.—A fee adjustment under 

2 this subsection shall begin to apply the calendar year 

3 following the calendar year in which it is made. 

4 SEC. 503. INSPECTION AND MONITORING. 

5 (a) INSPECTIONS.— 

6 (1) IN GENERAL.—The Secretary concerned 

7 shall make inspections of mineral activities so as to 

8 ensure compliance with the requirements of this Act. 

9 (2) FREQUENCY.—The Secretary concerned 

10 shall establish a frequency of inspections for mineral 

11 activities conducted under a permit issued under 

12 title III, but in no event shall such inspection fre13 quency be less than one complete inspection per cal14 endar quarter or, two per calendar quarter in the 

15 case of a permit for which the Secretary concerned 

16 approves an application under section 304(f). After 

17 revegetation has been established in accordance with 

18 a reclamation plan, such Secretary shall conduct 2 

19 complete inspections annually. Such Secretary shall 

20 have the discretion to modify the inspection fre21 quency for mineral activities that are conducted on 

22 a seasonal basis. Inspections shall continue under 

23 this subsection until final release of financial assur24 ance. 

25 (3) BY REQUEST.— 


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1 (A) IN GENERAL.—Any person who has 

2 reason to believe he or she is or may be ad3 versely affected by mineral activities due to any 

4 violation of the requirements of a permit ap5 proved under this Act may request an inspec6 tion. 

7 (B) REVIEW PERIOD.—The Secretary con8 cerned shall determine within 10 working days 

9 of receipt of the request whether the request 

10 states a reason to believe that a violation exists. 

11 (C) IMMINENT THREAT.—If the person al12 leges and provides reason to believe that an im13 minent threat to the environment or danger to 

14 the health or safety of the public exists, the 10- 

15 day period shall be waived and the inspection 

16 shall be conducted immediately. 

17 (D) NOTIFICATION.—When an inspection 

18 is conducted under this paragraph, the Sec19 retary concerned shall notify the person re20 questing the inspection, and such person shall 

21 be allowed to accompany the Secretary con22 cerned or the Secretary’s authorized representa23 tive during the inspection. 


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1 (E) LIABILITY.—The Secretary shall not 

2 incur any liability for allowing such person to 

3 accompany an authorized representative. 

4 (F) ANONYMITY.—The identity of the per5 son supplying information to the Secretary re6 lating to a possible violation or imminent dan7 ger or harm shall remain confidential with the 

8 Secretary if so requested by that person, unless 

9 that person elects to accompany an authorized 

10 representative on the inspection. 

11 (G) PROCEDURES.—The Secretaries shall, 

12 by joint rule, establish procedures for the review 

13 of— 

14 (i) any decision by an authorized rep15 resentative not to inspect; or 

16 (ii) any refusal by such representative 

17 to ensure that remedial actions are taken 

18 with respect to any alleged violation. 

19 (H) WRITTEN STATEMENT.—The Sec20 retary concerned shall furnish a person request21 ing a review a written statement of the reasons 

22 for the Secretary’s final disposition of the case. 

23 (b) MONITORING.— 

24 (1) MONITORING SYSTEM.—The Secretary con25 cerned shall require all operators to develop and 


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1 maintain a monitoring and evaluation system that 

2 shall identify compliance with all requirements of a 

3 permit approved under this Act. The Secretary con4 cerned may require additional monitoring to be con5 ducted as necessary to assure compliance with the 

6 reclamation and other environmental standards of 

7 this Act. Such plan must be reviewed and approved 

8 by the Secretary and shall become a part of the ex9 plorations or operations permit. 

10 (2) REPORTING REQUIREMENTS.—The operator 

11 shall file reports with the Secretary concerned, on a 

12 frequency determined by the Secretary concerned, on 

13 the results of the monitoring and evaluation process, 

14 except that if the monitoring and evaluation show a 

15 violation of the requirements of a permit approved 

16 under this Act, it shall be reported immediately to 

17 the Secretary concerned. The Secretary shall evalu18 ate the reports submitted pursuant to this para19 graph, and based on those reports and any necessary 

20 inspection shall take enforcement action pursuant to 

21 this section. Such reports shall be maintained by the 

22 operator and by the Secretary and shall be made 

23 available to the public. 

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1 ported by the operator pursuant to paragraph (2). A 

2 failure to report as required by the Secretary con3 cerned shall constitute a violation of this Act and 

4 subject the operator to enforcement action pursuant 

5 to section 506. 

6 SEC. 504. CITIZENS SUITS. 

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

8 (c), any person may commence a civil action on his or her 

9 own behalf to compel compliance— 

10 (1) against any person (including the Secretary 

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

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

13 any regulation promulgated pursuant to this Act or 

14 any term or condition of any lease, license, or permit 

15 issued under this Act; or 

16 (2) against the Secretary or the Secretary of 

17 Agriculture where there is alleged a failure of such 

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

19 or to promulgate any regulation under this Act, 

20 which is not within the discretion of the Secretary 

21 concerned. 

22 (b) DISTRICT COURT JURISDICTION.—The United 

23 States district courts shall have jurisdiction over actions 

24 brought under this section, without regard to the amount 

25 in controversy or the citizenship of the parties, including 


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1 actions brought to apply any civil penalty under this Act. 

2 The district courts of the United States shall have juris3 diction to compel agency action unreasonably delayed, ex4 cept that an action to compel agency action reviewable 

5 under section 505 may only be filed in a United States 

6 district court within the circuit in which such action would 

7 be reviewable under section 505. 

8 (c) EXCEPTIONS.— 

9 (1) NOTICE.—No action may be commenced 

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

11 period beginning on the date the plaintiff has given 

12 notice in writing of such alleged violation to the al13 leged violator and the Secretary concerned, except 

14 that any such action may be brought immediately 

15 after such notification if the violation complained of 

16 constitutes an imminent threat to the environment 

17 or to the health or safety of the public. 

18 (2) ON-GOING LITIGATION.—No action may be 

19 brought against any person other than the Secretary 

20 or the Secretary of Agriculture under subsection 

21 (a)(1) if such Secretary has commenced and is dili22 gently prosecuting a civil or criminal action in a 

23 court of the United States to require compliance. 

24 (3) EXCEPTION.—No action may be commenced 

25 under subsection (a)(2) against either Secretary to 


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1 review any rule promulgated by, or to any permit 

2 issued or denied by such Secretary if such rule or 

3 permit issuance or denial is judicially reviewable 

4 under section 505 or under any other provision of 

5 law at any time after such promulgation, issuance, 

6 or denial is final. 

7 (d) VENUE.—Venue of all actions brought under this 

8 section shall be determined in accordance with section 

9 1391 of title 28, United States Code. 

10 (e) COSTS.—The court, in issuing any final order in 

11 any action brought pursuant to this section may award 

12 costs of litigation (including attorney and expert witness 

13 fees) to any party whenever the court determines such 

14 award is appropriate. The court may, if a temporary re15 straining order or preliminary injunction is sought, require 

16 the filing of a bond or equivalent security in accordance 

17 with the Federal Rules of Civil Procedure. 

18 (f) SAVINGS CLAUSE.—Nothing in this section shall 

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

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

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

22 law to bring an action to seek any relief against the Sec23 retary or the Secretary of Agriculture or against any other 

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

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


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

2 section shall affect the jurisdiction of any court under any 

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

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

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

6 as required by law. 

7 SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW. 

8 (a) REVIEW BY SECRETARY.— 

9 (1) NOTICE OF VIOLATION.—Any person issued 

10 a notice of violation or cessation order under section 

11 507, or any person having an interest which is or 

12 may be adversely affected by such notice or order, 

13 may apply to the Secretary concerned for review of 

14 the notice or order within 30 days after receipt 

15 thereof, or as the case may be, within 30 days after 

16 such notice or order is modified, vacated, or termi17 nated. 

18 (2) REVIEW OF PENALTY.—Any person who is 

19 subject to a penalty assessed under section 507 may 

20 apply to the Secretary concerned for review of the 

21 assessment within 45 days of notification of such 

22 penalty. 

23 (3) THIRD PARTY REQUESTS.—Any person may 

24 apply to the Secretary concerned for review of a deVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 cision under this subsection within 30 days after 

2 such decision is issued. 

3 (4) STAYS PENDING REVIEW.—Pending a re4 view by the Secretary or resolution of an administra5 tive appeal, final decisions (except enforcement ac6 tions under section 507) shall be stayed. 

7 (5) PUBLIC HEARING.—The Secretary con8 cerned shall provide an opportunity for a public 

9 hearing at the request of any party to the pro10 ceeding as specified in paragraph (1). The filing of 

11 an application for review under this subsection shall 

12 not operate as a stay of any order or notice issued 

13 under section 506. 

14 (6) WRITTEN DECISION.—For any review pro15 ceeding under this subsection, the Secretary con16 cerned shall make findings of fact and shall issue a 

17 written decision incorporating therein an order 

18 vacating, affirming, modifying, or terminating the 

19 notice, order, or decision, or with respect to an as20 sessment, the amount of penalty that is warranted. 

21 Where the application for review concerns a ces22 sation order issued under section 506 the Secretary 

23 concerned shall issue the written decision within 30 

24 days of the receipt of the application for review or 

25 within 30 days after the conclusion of any hearing 


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1 referred to in paragraph (5), whichever is later, un2 less temporary relief has been granted by the Sec3 retary concerned under paragraph (7). 

4 (7) TEMPORARY RELIEF.—Pending completion 

5 of any review proceedings under this subsection, the 

6 applicant may file with the Secretary concerned a 

7 written request that the Secretary grant temporary 

8 relief from any order issued under section 506 to9 gether with a detailed statement giving reasons for 

10 such relief. The Secretary concerned shall expedi11 tiously issue an order or decision granting or deny12 ing such relief. The Secretary concerned may grant 

13 such relief under such conditions as he or she may 

14 prescribe only if such relief shall not adversely affect 

15 the health or safety of the public or cause imminent 

16 environmental harm to land, air, or water resources. 

17 (8) SAVINGS CLAUSE.—The availability of re18 view under this subsection shall not be construed to 

19 limit the operation of rights under section 504. 

20 (b) JUDICIAL REVIEW.— 

21 (1) COURT OF APPEALS FOR THE DISTRICT OF

22 COLUMBIA.—Any final action by the Secretaries of 

23 the Interior and Agriculture in promulgating regula24 tions to implement this Act, or any other final ac25 tions constituting rulemaking to implement this Act, 


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1 shall be subject to judicial review only in the United 

2 States Court of Appeals for the District of Colum3 bia. Any action subject to judicial review under this 

4 subsection shall be affirmed unless the court con5 cludes that such action is arbitrary, capricious, or 

6 otherwise inconsistent with law. A petition for review 

7 of any action subject to judicial review under this 

8 subsection shall be filed within 60 days from the 

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

10 is based solely on grounds arising after the 60th 

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

12 who commented or otherwise participated in the 

13 rulemaking or any person who may be adversely af14 fected by the action of the Secretaries. 

15 (2) STANDARD OF REVIEW.—Final agency ac16 tion under this subsection, including such final ac17 tion on those matters described under subsection 

18 (a), shall be subject to judicial review in accordance 

19 with paragraph (4) and pursuant to section 1391 of 

20 title 28, United States Code, on or before 60 days 

21 from the date of such final action. Any action sub22 ject to judicial review under this subsection shall be 

23 affirmed unless the court concludes that such action 

24 is arbitrary, capricious, or otherwise inconsistent 

25 with law. 


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1 (3) SAVINGS CLAUSE.—The availability of judi2 cial review established in this subsection shall not be 

3 construed to limit the operations of rights under sec4 tion 504. 

5 (4) RECORD.—The court shall hear any petition 

6 or complaint filed under this subsection solely on the 

7 record made before the Secretary or Secretaries con8 cerned. The court may affirm or vacate any order or 

9 decision or may remand the proceedings to the Sec10 retary or Secretaries for such further action as it 

11 may direct. 

12 (5) COMMENCE OF A PROCEEDING NOT A

13 STAY.—The commencement of a proceeding under 

14 this section shall not, unless specifically ordered by 

15 the court, operate as a stay of the action, order, or 

16 decision of the Secretary or Secretaries concerned. 

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

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

19 equal to the aggregate amount of all costs and expenses 

20 (including attorney fees) as determined by the Secretary 

21 or Secretaries concerned or the court to have been reason22 ably incurred by such person for or in connection with par23 ticipation in such proceedings, including any judicial re24 view of the proceeding, may be assessed against either 

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


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1 Secretary or Secretaries concerned in the case of adminis2 trative proceedings, deems proper if it is determined that 

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

4 success on the merits, and that such party made a sub5 stantial contribution to a full and fair determination of 

6 the issues. 

7 SEC. 506. REPORTING REQUIREMENTS. 

8 (a) REPORT TO SECRETARY.—An operator engaging 

9 in any mineral activities located on Federal land or on In10 dian land shall submit to the Secretary an annual report, 

11 in a time and manner prescribed by the Secretary, describ12 ing the total amount (in metric tons) and value of 

13 hardrock minerals produced through such mineral activi14 ties, including the total amount and value of any minerals 

15 produced from a mine partially located on either Federal 

16 land or Indian land, disaggregated by mineral and by per17 centage extracted from Federal land and percentage ex18 tracted from Indian land. 

19 (b) FAILURE TO REPORT.—Any person who fails to 

20 comply with the requirements of subsection (a) shall be 

21 subject to a civil penalty not to exceed $25,000 per day 

22 (indexed for inflation) during which such failure con23 tinues, which may be assessed by the Secretary. 

24 (c) REPORT TO CONGRESS.—The Secretary shall 

25 submit an annual report to Congress providing the folVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 lowing information for each hardrock mine located on 

2 Federal land or on Indian land: 

3 (1) The data submitted for such mine under 

4 subsection (a). 

5 (2) The name of the mine operator. 

6 (3) The State in which such mine is located. 

7 (4) The Bureau of Land Management Field Of8 fice with jurisdiction over such mine. 

9 (5) Whether such mine is located on Federal 

10 land. 

11 (6) Whether such mine is located on Indian 

12 land. 

13 (d) REGULATIONS.—The Secretary shall promulgate 

14 such regulations as are necessary to carry out this section 

15 not later than 180 days after the date of the enactment 

16 of this Act. 

17 SEC. 507. ENFORCEMENT. 

18 (a) ORDERS.— 

19 (1) NOTICE OF VIOLATION.—If the Secretary 

20 concerned, or an authorized representative of such 

21 Secretary, determines that any person is in violation 

22 of any environmental protection requirement or any 

23 regulation issued by the Secretaries to implement 

24 this Act, such Secretary or authorized representative 

25 shall issue to such person a notice of violation deVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 scribing the violation and the corrective measures to 

2 be taken. The Secretary concerned, or the author3 ized representative of such Secretary, shall provide 

4 such person with a period of time not to exceed 30 

5 days to abate the violation. Such period of time may 

6 be extended by the Secretary concerned upon a 

7 showing of good cause by such person. If, upon the 

8 expiration of time provided for such abatement, the 

9 Secretary concerned, or the authorized representa10 tive of such Secretary, finds that the violation has 

11 not been abated he or she shall immediately order a 

12 cessation of all mineral activities or the portion 

13 thereof relevant to the violation. 

14 (2) ORDER FOR IMMEDIATE CESSATION.—If the 

15 Secretary concerned, or the authorized representa16 tive of the Secretary concerned, determines that any 

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

18 violation of any requirement under a permit ap19 proved under this Act, and such condition, practice 

20 or violation is causing, or can reasonably be expected 

21 to cause either of the following, such Secretary or 

22 authorized representative shall immediately order a 

23 cessation of mineral activities or the portion thereof 

24 relevant to the condition, practice, or violation: 


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1 (A) An imminent danger to the health or 

2 safety of the public. 

3 (B) Significant, imminent environmental 

4 harm to land, air, water, or fish or wildlife re5 sources. 

6 (3) DURATION.— 

7 (A) TERMINATION.—A cessation order 

8 pursuant to paragraph (1) or (2) shall remain 

9 in effect until such Secretary, or authorized 

10 representative, determines that the condition, 

11 practice, or violation has been abated, or until 

12 modified, vacated or terminated by the Sec13 retary or authorized representative. In any such 

14 order, the Secretary or authorized representa15 tive shall determine the steps necessary to abate 

16 the violation in the most expeditious manner 

17 possible and shall include the necessary meas18 ures in the order. 

19 (B) FINANCIAL ASSURANCES.—The Sec20 retary concerned shall require appropriate fi21 nancial assurances to ensure that the abate22 ment obligations are met when issuing an order 

23 under this section. 

24 (C) AUTHORITY OF THE SECRETARY.— 

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1 graph (1) or (2) may be modified, vacated, or 

2 terminated by the Secretary concerned or an 

3 authorized representative of such Secretary. 

4 Any person to whom any such notice or order 

5 is issued shall be entitled to a hearing on the 

6 record. 

7 (4) ALTERNATIVE ENFORCEMENT ACTION.—If, 

8 after 30 days of the date of the order referred to in 

9 subsection (a) the required abatement has not oc10 curred, the Secretary concerned shall take such al11 ternative enforcement action against the claim hold12 er, license holder, lease holder, or operator (or any 

13 person who controls the claim holder, license holder, 

14 lease holder, or operator) as will most likely bring 

15 about abatement in the most expeditious manner 

16 possible. Such alternative enforcement action may 

17 include seeking appropriate injunctive relief to bring 

18 about abatement. Nothing in this paragraph shall 

19 preclude the Secretary concerned from taking alter20 native enforcement action prior to the expiration of 

21 30 days. 

22 (5) FAILURE OR DEFAULT.—If a claim holder, 

23 license holder, lease holder, or operator (or any per24 son who controls the claim holder, license holder, 

25 lease holder, or operator) fails to abate a violation 


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1 or defaults on the terms of the permit, the Secretary 

2 concerned shall forfeit the financial assurance for 

3 the plan as necessary to ensure abatement and rec4 lamation under this Act. The Secretary concerned 

5 may prescribe conditions under which a surety may 

6 perform reclamation in accordance with the ap7 proved plan in lieu of forfeiture. 

8 (6) PENDING REVIEW.—The Secretary con9 cerned shall not cause forfeiture of the financial as10 surance while administrative or judicial review is 

11 pending. 

12 (7) LIABILITY IN THE EVENT OF FOR13 FEITURE.—In the event of forfeiture, the claim hold14 er, license holder, lease holder, operator, or any affil15 iate thereof, as appropriate as determined by the 

16 Secretary by rule, shall be jointly and severally liable 

17 for any remaining reclamation obligations under this 

18 Act. 

19 (b) COMPLIANCE.—The Secretary concerned may re20 quest the Attorney General to institute a civil action for 

21 relief, including a permanent or temporary injunction or 

22 restraining order, or any other appropriate enforcement 

23 order, including the imposition of civil penalties, in the dis24 trict court of the United States for the district in which 

25 the mineral activities are located whenever a person— 


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

2 order issued by the Secretary concerned under sub3 section (a); or 

4 (2) interferes with, hinders, or delays the Sec5 retary concerned in carrying out an inspection under 

6 section 503. 

7 Such court shall have jurisdiction to provide such relief 

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

9 to enforce an order under paragraph (1) shall continue 

10 in effect until the completion or final termination of all 

11 proceedings for review of such order unless the district 

12 court granting such relief sets it aside. 

13 (c) DELEGATION.—Notwithstanding any other provi14 sion of law, the Secretary may utilize personnel of the Of15 fice of Surface Mining Reclamation and Enforcement to 

16 ensure compliance with the requirements of this Act. 

17 (d) PENALTIES.— 

18 (1) FAILURE TO COMPLY WITH REQUIREMENTS

19 OF A PERMIT.—Any person who fails to comply with 

20 any requirement of a permit approved under this 

21 Act or any regulation issued by the Secretaries to 

22 implement this Act shall be liable for a penalty of 

23 not more than $25,000 per violation. Each day of 

24 violation may be deemed a separate violation for 

25 purposes of penalty assessments. 


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1 (2) FAILURE TO COMPLY WITH A CESSATION

2 ORDER.—A person who fails to correct a violation 

3 for which a cessation order has been issued under 

4 subsection (a) within the period permitted for its 

5 correction shall be assessed a civil penalty of not less 

6 than $1,000 per violation for each day during which 

7 such failure continues. 

8 (3) PENALTIES FOR DIRECTORS, OFFICERS, 

9 AND AGENTS.—Whenever a corporation is in viola10 tion of a requirement of a permit approved under 

11 this Act or any regulation issued by the Secretaries 

12 to implement this Act or fails or refuses to comply 

13 with an order issued under subsection (a), any direc14 tor, officer, or agent of such corporation who know15 ingly authorized, ordered, or carried out such viola16 tion, failure, or refusal shall be subject to the same 

17 penalties as may be imposed upon the person re18 ferred to in paragraph (1). 

19 (e) SUSPENSIONS OR REVOCATIONS.—The Secretary 

20 concerned shall suspend or revoke a permit issued under 

21 title II, in whole or in part, if the operator— 

22 (1) knowingly made or knowingly makes any 

23 false, inaccurate, or misleading material statement 

24 in any mining claim, notice of location, application, 


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1 record, report, plan, or other document filed or re2 quired to be maintained under this Act; 

3 (2) fails to abate a violation covered by a ces4 sation order issued under subsection (a); 

5 (3) fails to comply with an order of the Sec6 retary concerned; 

7 (4) refuses to permit an audit pursuant to this 

8 Act; 

9 (5) fails to maintain an adequate financial as10 surance under section 306; 

11 (6) fails to pay claim maintenance fees, rentals, 

12 or other moneys due and owing under this Act; or 

13 (7) with regard to plans conditionally approved 

14 under section 305(c)(2), fails to abate a violation to 

15 the satisfaction of the Secretary concerned, or if the 

16 validity of the violation is upheld on the appeal 

17 which formed the basis for the conditional approval. 

18 (f) FALSE STATEMENTS; TAMPERING.—Any person 

19 who knowingly— 

20 (1) makes any false material statement, rep21 resentation, or certification in, or omits or conceals 

22 material information from, or unlawfully alters, any 

23 mining claim, notice of location, application, record, 

24 report, plan, or other documents filed or required to 

25 be maintained under this Act; or 


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1 (2) falsifies, tampers with, renders inaccurate, 

2 or fails to install any monitoring device or method 

3 required to be maintained under this Act, 

4 shall upon conviction, be punished by a fine of not more 

5 than $10,000, or by imprisonment for not more than 2 

6 years, or by both. If a conviction of a person is for a viola7 tion committed after a first conviction of such person 

8 under this subsection, punishment shall be by a fine of 

9 not more than $20,000 per day of violation, or by impris10 onment of not more than 4 years, or both. Each day of 

11 continuing violation may be deemed a separate violation 

12 for purposes of penalty assessments. 

13 (g) KNOWING VIOLATIONS.—Any person who know14 ingly— 

15 (1) engages in mineral activities without a per16 mit required under title II; or 

17 (2) violates any other requirement of a permit 

18 issued under this Act, or any condition or limitation 

19 thereof, 

20 shall upon conviction be punished by a fine of not less 

21 than $5,000 nor more than $50,000 per day of violation, 

22 or by imprisonment for not more than 3 years, or both. 

23 If a conviction of a person is for a violation committed 

24 after the first conviction of such person under this sub25 section, punishment shall be a fine of not less than 


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1 $10,000 per day of violation, or by imprisonment of not 

2 more than 6 years, or both. 

3 (h) KNOWING AND WILLFUL VIOLATIONS.—Any per4 son who knowingly and willfully commits an act for which 

5 a civil penalty is provided in paragraph (1) of subsection 

6 (g) shall, upon conviction, be punished by a fine of not 

7 more than $50,000, or by imprisonment for not more than 

8 2 years, or both. 

9 (i) DEFINITION.—For purposes of this section, the 

10 term ‘‘person’’ includes any officer, agent, or employee of 

11 a person. 

12 SEC. 508. REGULATIONS. 

13 The Secretary and the Secretary of Agriculture shall 

14 issue such regulations as are necessary to implement this 

15 Act. The regulations implementing titles II and III and 

16 this title that affect the Forest Service shall be joint regu17 lations issued by both Secretaries, and shall be issued not 

18 later than 180 days after the date of enactment of this 

19 Act. 

20 SEC. 509. OIL SHALE CLAIMS. 

21 Section 2511(f) of the Energy Policy Act of 1992 (30 

22 U.S.C. 242(f); Public Law 102–486) is amended— 

23 (1) by striking ‘‘as prescribed by the Sec24 retary’’; and 


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1 (2) by inserting before the period the following: 

2 ‘‘in the same manner as required by title II of the 

3 Hardrock Leasing and Reclamation Act of 2019’’. 

4 SEC. 510. SAVINGS CLAUSE. 

5 (a) SPECIAL APPLICATION OF MINING LAWS.—Noth6 ing in this Act shall be construed as repealing or modi7 fying any Federal law, regulation, order, or land use plan, 

8 in effect prior to the date of enactment of this Act that 

9 prohibits or restricts the application of the general mining 

10 laws, including laws that provide for special management 

11 criteria for operations under the general mining laws as 

12 in effect prior to the date of enactment of this Act, to 

13 the extent such laws provide for protection of natural and 

14 cultural resources and the environment greater than re15 quired under this Act, and any such prior law shall remain 

16 in force and effect with respect to claims converted to 

17 leases under this Act. Nothing in this Act shall be con18 strued as applying to or limiting mineral investigations, 

19 studies, or other mineral activities conducted by any Fed20 eral or State agency acting in its governmental capacity 

21 pursuant to other authority. Nothing in this Act shall af22 fect or limit any assessment, investigation, evaluation, or 

23 listing pursuant to the Comprehensive Environmental Re24 sponse, Compensation, and Liability Act of 1980 (42 


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1 U.S.C. 9601 et seq.), or the Solid Waste Disposal Act (42 

2 U.S.C. 3251 et seq.). 

3 (b) EFFECT ON OTHER FEDERAL LAWS.—— 

4 (1) GENERAL MINING LAWS.—The provisions of 

5 this Act shall supersede the general mining laws. 

6 (2) OTHER LAWS.—Except for the general min7 ing laws, nothing in this Act shall be construed as 

8 superseding, modifying, amending, or repealing any 

9 provision of Federal law not expressly superseded, 

10 modified, amended, or repealed by this Act. 

11 (3) ENVIRONMENTAL LAWS.—Nothing in this 

12 Act shall be construed as altering, affecting, amend13 ing, modifying, or changing, directly or indirectly, 

14 any law which refers to and provides authorities or 

15 responsibilities for, or is administered by, the Envi16 ronmental Protection Agency or the Administrator 

17 of the Environmental Protection Agency, includ18 ing— 

19 (A) the Federal Water Pollution Control 

20 Act (33 U.S.C. 1251 et seq.); 

21 (B) title XIV of the Public Health Service 

22 Act (the Safe Drinking Water Act) (42 U.S.C. 

23 300f et seq.); 

24 (C) the Clean Air Act (42 U.S.C. 7401 et 

25 seq.); 


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1 (D) the Pollution Prevention Act of 1990 

2 (42 U.S.C. 13101 et seq.); 

3 (E) the Toxic Substances Control Act (15 

4 U.S.C. 2601 et seq.); 

5 (F) the Federal Insecticide, Fungicide, and 

6 Rodenticide Act (7 U.S.C. 136 et seq.; 

7 (G) the Federal Food, Drug, and Cosmetic 

8 Act (21 U.S.C. 301 et seq.); 

9 (H) the Motor Vehicle Information and 

10 Cost Savings Act (15 U.S.C. 1901 et seq.); 

11 (I) the Federal Hazardous Substances Act 

12 (15 U.S.C. 1261 et seq.); 

13 (J) the Endangered Species Act of 1973 

14 (16 U.S.C. 1540); 

15 (K) the Atomic Energy Act of 1954 (42 

16 U.S.C. 2011 et seq.); 

17 (L) the Noise Control Act of 1972 (42 

18 U.S.C. 4901 et seq.); 

19 (M) the Solid Waste Disposal Act (42 

20 U.S.C. 6901 et seq.); 

21 (N) the Comprehensive Environmental Re22 sponse, Compensation, and Liability Act of 

23 1980 (42 U.S.C. 9601 et seq.); 


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1 (O) the Superfund Amendments and Reau2 thorization Act of 1986 (Public Law 99–499; 

3 100 Stat. 1613); 

4 (P) the Ocean Dumping Act (33 U.S.C. 

5 1401 et seq.); 

6 (Q) the Environmental Research, Develop7 ment, and Demonstration Authorization Act of 

8 1978 (42 U.S.C. 4365); 

9 (R) the Pollution Prosecution Act of 1990 

10 (42 U.S.C. 4321 note; Public Law 101–593); 

11 (S) the Federal Facilities Compliance Act 

12 of 1992 (Public Law 102–386; 106 Stat. 

13 1505); and 

14 (T) any statute containing an amendment 

15 to any of such Acts. 

16 (4) FEDERAL INDIAN LAW.—Nothing in this 

17 Act shall be construed as modifying or affecting any 

18 provision of— 

19 (A) the Native American Graves Protection 

20 and Repatriation Act (25 U.S.C. 3001 et seq.); 

21 (B) American Indian Religious Freedom 

22 Act (42 U.S.C. 1996); 

23 (C) the National Historic Preservation Act 

24 (16 U.S.C. 470 et seq.); or 


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1 (D) the Religious Freedom Restoration Act 

2 of 1993 (42 U.S.C. 2000bb et seq.). 

3 (c) SOVEREIGN IMMUNITY OF INDIAN TRIBES.— 

4 Nothing in this section shall be construed so as to waive 

5 the sovereign immunity of any Indian Tribe. 

6 SEC. 511. AVAILABILITY OF PUBLIC RECORDS. 

7 Copies of records, reports, inspection materials, or in8 formation obtained by the Secretary or the Secretary of 

9 Agriculture under this Act shall be made immediately 

10 available to the public, consistent with section 552 of title 

11 5, United States Code, in central and sufficient locations 

12 in the county, multicounty, and State area of mineral ac13 tivities or reclamation so that such items are conveniently 

14 available to residents in the area proposed or approved for 

15 mineral activities and on the internet. 

16 SEC. 512. MISCELLANEOUS POWERS. 

17 (a) IN GENERAL.—In carrying out his or her duties 

18 under this Act, the Secretary concerned may conduct any 

19 investigation, inspection, or other inquiry necessary and 

20 appropriate and may conduct, after notice, any hearing 

21 or audit, necessary and appropriate to carrying out his 

22 or her duties. 

23 (b) ANCILLARY POWERS.—In connection with any 

24 hearing, inquiry, investigation, or audit under this Act, the 

25 Secretary, or for National Forest System lands the SecVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H2579.IH H2579

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1 retary of Agriculture, is authorized to take any of the fol2 lowing actions: 

3 (1) Require, by special or general order, any 

4 person to submit in writing such affidavits and an5 swers to questions as the Secretary concerned may 

6 reasonably prescribe, which submission shall be 

7 made within such reasonable period and under oath 

8 or otherwise, as may be necessary. 

9 (2) Administer oaths. 

10 (3) Require by subpoena the attendance and 

11 testimony of witnesses and the production of all 

12 books, papers, records, documents, matter, and ma13 terials, as such Secretary may request. 

14 (4) Order testimony to be taken by deposition 

15 before any person who is designated by such Sec16 retary and who has the power to administer oaths, 

17 and to compel testimony and the production of evi18 dence in the same manner as authorized under para19 graph (3) of this subsection. 

20 (5) Pay witnesses the same fees and mileage as 

21 are paid in like circumstances in the courts of the 

22 United States. 

23 (c) ENFORCEMENT.—In cases of refusal to obey a 

24 subpoena served upon any person under this section, the 

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


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1 such person is found, resides, or transacts business, upon 

2 application by the Attorney General at the request of the 

3 Secretary concerned and after notice to such person, shall 

4 have jurisdiction to issue an order requiring such person 

5 to appear and produce documents before the Secretary 

6 concerned. Any failure to obey such order of the court may 

7 be punished by such court as contempt thereof and subject 

8 to a penalty of up to $10,000 a day. 

9 (d) ENTRY AND ACCESS.—Without advance notice 

10 and upon presentation of appropriate credentials, the Sec11 retary concerned or any authorized representative there12 of— 

13 (1) shall have the right of entry to, upon, or 

14 through the site of any claim, license, lease, mineral 

15 activities, or any premises in which any records re16 quired to be maintained under this Act are located; 

17 (2) may at reasonable times, and without delay, 

18 have access to records, inspect any monitoring 

19 equipment, or review any method of operation re20 quired under this Act; 

21 (3) may engage in any work and do all things 

22 necessary or expedient to implement and administer 

23 the provisions of this Act; 

24 (4) may, on any mining claim, license, or lease 

25 maintained in compliance with this Act, and without 


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1 advance notice, stop and inspect any motorized form 

2 of transportation that such Secretary has probable 

3 cause to believe is carrying hardrock minerals, con4 centrates, or products derived therefrom from a 

5 claim site for the purpose of determining whether 

6 the operator of such vehicle has documentation re7 lated to such hardrock minerals, concentrates, or 

8 products derived therefrom as required by law, if 

9 such documentation is required under this Act; and 

10 (5) may, if accompanied by any appropriate law 

11 enforcement officer, or an appropriate law enforce12 ment officer alone, stop and inspect any motorized 

13 form of transportation which is not on a claim site 

14 if he or she has probable cause to believe such vehi15 cle is carrying hardrock minerals, concentrates, or 

16 products derived therefrom from a claim site, li17 cense, or lease on Federal lands or allocated to such 

18 claim site, license, or lease. Such inspection shall be 

19 for the purpose of determining whether the operator 

20 of such vehicle has the documentation required by 

21 law, if such documentation is required under this 

22 Act. 

23 SEC. 513. MINERAL MATERIALS. 

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

25 23, 1955 (30 U.S.C. 611), is amended— 


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1 (1) in the heading, by striking ‘‘OR CINDERS’’ 

2 and inserting ‘‘CINDERS, AND CLAY’’; 

3 (2) by striking ‘‘No’’ and inserting ‘‘(a) No’’; 

4 (3) by inserting ‘‘mineral materials, including’’ 

5 after ‘‘varieties of’’; 

6 (4) by striking ‘‘or cinders’’ and inserting ‘‘cin7 ders, and clay’’; and 

8 (5) by adding at the end the following: 

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

10 of enactment of the Hardrock Leasing and Reclamation 

11 Act of 2019, notwithstanding the reference to common va12 rieties in subsection (a) and to the exception to such term 

13 relating to a deposit of materials with some property giv14 ing it distinct and special value, all deposits of mineral 

15 materials referred to in such subsection, including the 

16 block pumice referred to in such subsection, shall be sub17 ject to disposal only under the terms and conditions of 

18 the Materials Act of 1947 (30 U.S.C. 601–603). 

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

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

21 such mineral material— 

22 ‘‘(A) had and still has some property giving it 

23 the distinct and special value referred to in sub24 section (a), or as the case may be, met the definition 

25 of block pumice referred to in such subsection; 


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1 ‘‘(B) was properly located and maintained 

2 under the general mining laws prior to the date of 

3 enactment of the Hardrock Leasing and Reclama4 tion Act of 2019; and 

5 ‘‘(C) was supported by a discovery of a valuable 

6 mineral deposit within the meaning of the general 

7 mining laws as in effect immediately prior to the 

8 date of enactment of the Hardrock Leasing and Rec9 lamation Act of 2019.’’. 

10 (b) MINERAL MATERIALS DISPOSAL CLARIFICA11 TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C. 

12 612), is amended— 

13 (1) in subsection (b) by inserting ‘‘and mineral 

14 material’’ after ‘‘vegetative’’; and 

15 (2) in subsection (c) by inserting ‘‘and mineral 

16 material’’ after ‘‘vegetative’’. 

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

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

19 disposal of materials on the public lands of the United 

20 States’’ (30 U.S.C. 601 et seq.) is amended by striking 

21 ‘‘common varieties of’’ in the first sentence. 

22 (d) SHORT TITLES.— 

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

24 23, 1955, is amended by inserting after section 7 

25 the following new section: 


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1 ‘‘SEC. 8. This Act may be cited as the ‘Surface Re2 sources Act of 1955’.’’. 

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

4 1947, entitled ‘‘An Act to provide for the disposal of 

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

6 (30 U.S.C. 601 et seq.) is amended by inserting 

7 after section 4 the following new section: 

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

9 of 1947’.’’. 

10 (e) REPEALS.—(1) Subject to valid existing rights, 

11 the Act of August 4, 1892 (chapter 375; 27 Stat. 348; 

12 30 U.S.C. 161), commonly known as the Building Stone 

13 Act, is hereby repealed. 

14 (2) Subject to valid existing rights, the Act of Janu15 ary 31, 1901 (chapter 186; 31 Stat. 745; 30 U.S.C. 162), 

16 commonly known as the Saline Placer Act, is hereby re17 pealed. 

18 SEC. 514. EFFECTIVE DATE. 

19 This Act shall take effect on the date of enactment 

20 of this Act, except as otherwise provided in this Act. 

Æ 


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