IB 

Union Calendar No. 374 

116TH CONGRESS 

2D SESSION H. R. 2579 

[Report No. 116–467] 

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 

AUGUST 4, 2020 

Additional sponsors: Mr. LUJA ́N, Mr. VAN DREW, Ms. ROYBAL-ALLARD, Ms. 

LOFGREN, Mr. MALINOWSKI, Ms. VELA ́ZQUEZ, Mrs. DINGELL, Mr. 

TONKO, Mr. NEGUSE, Ms. MCCOLLUM, Ms. PINGREE, and Ms. TLAIB

AUGUST 4, 2020 

Reported with an amendment; committed to the Committee of the Whole 

House on the State of the Union and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 8, 2019] 


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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. 


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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’’. 

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

7 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. 


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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. 

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 ‘‘adjacent land’’ means any land 

4 not more than two miles from the boundary of a de5 scribed land tract. 

6 (2) The term ‘‘affiliate’’ means, with respect to 

7 any person, any of the following: 

8 (A) Any person who controls, is controlled 

9 by, or is under common control with such per10 son. 

11 (B) Any partner of such person. 

12 (C) Any person owning at least 10 percent 

13 of the voting shares of such person. 


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1 (3) The term ‘‘agency’’ means any authority of 

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

3 3502(1) of title 44, United States Code. 

4 (4) The term ‘‘applicant’’ means any person ap5 plying for a permit, license, or lease under this Act 

6 or a modification to or a renewal of a permit, license, 

7 or lease under this Act. 

8 (5) The term ‘‘beneficiation’’ means the crushing 

9 and grinding of hardrock mineral ore and such proc10 esses as are employed to free the mineral from other 

11 constituents, including physical and chemical separa12 tion techniques. 

13 (6) The term ‘‘casual use’’— 

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

15 means mineral activities that do not ordinarily 

16 result in any disturbance of public lands and re17 sources; 

18 (B) includes collection of geochemical, rock, 

19 soil, or mineral specimens using handtools, hand 

20 panning, or nonmotorized sluicing; and 

21 (C) does not include— 

22 (i) the use of mechanized earth-moving 

23 equipment, suction dredging, or explosives; 

24 (ii) the use of motor vehicles in areas 

25 closed to off-road vehicles; 


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1 (iii) the construction of roads or drill 

2 pads; and 

3 (iv) the use of toxic or hazardous mate4 rials. 

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

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

7 claim located under the general mining laws and 

8 maintained in compliance with such laws. Such term 

9 may include an agent of a claim holder. 

10 (8) The term ‘‘control’’ means having the ability, 

11 directly or indirectly, to determine (without regard to 

12 whether exercised through one or more corporate 

13 structures) the manner in which an entity conducts 

14 mineral activities, through any means, including 

15 ownership interest, authority to commit the entity’s 

16 real or financial assets, position as a director, officer, 

17 or partner of the entity, or contractual arrangement. 

18 (9) The term ‘‘crude ore’’ means ore in its un19 processed form, containing profitable amounts of the 

20 target mineral. 

21 (10) The term ‘‘displaced material’’ means any 

22 crude ore and waste dislodged from its location at the 

23 time hardrock mineral activities begin at a surface, 

24 underground, or in-situ mine. 

25 (11) The term ‘‘exploration’’— 


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

2 means creating surface disturbance other than 

3 casual use, to evaluate the type, extent, quantity, 

4 or quality of minerals present; 

5 (B) includes mineral activities associated 

6 with sampling, drilling, and analyzing hardrock 

7 mineral values; and 

8 (C) does not include extraction of mineral 

9 material for commercial use or sale. 

10 (12) The term ‘‘Federal land’’ means any land, 

11 and any interest in land, that is owned by the United 

12 States, except lands in the National Park System, In13 dian lands, and lands on the Outer Continental Shelf. 

14 (13) The term ‘‘Fund’’ means the Hardrock Min15 erals Reclamation Fund established by this Act. 

16 (14) The term ‘‘Indian lands’’ means lands held 

17 in trust for the benefit of an Indian Tribe or indi18 vidual or held by an Indian Tribe or individual sub19 ject to a restriction by the United States against 

20 alienation, or held by an Alaska Native village, vil21 lage corporation, or regional corporation as defined 

22 in or established pursuant to the Alaska Native 

23 Claims Settlement Act (43 U.S.C. 1601 et seq.). 

24 (15) The term ‘‘Indian Tribe’’ means any In25 dian Tribe, band, nation, pueblo, or other organized 


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1 group or community, including any Alaska Native 

2 village, village corporation, or regional corporation as 

3 defined in or established pursuant to the Alaska Na4 tive Claims Settlement Act (43 U.S.C. 1601 et seq.), 

5 that is recognized as eligible for the special programs 

6 and services provided by the United States to Indians 

7 because of their status as Indians. 

8 (16) The term ‘‘hardrock mineral’’— 

9 (A) subject to subparagraph (B), means any 

10 mineral that was subject to location under the 

11 general mining laws as of the date of enactment 

12 of this Act, and that is not subject to disposition 

13 under— 

14 (i) the Mineral Leasing Act (30 U.S.C. 

15 181 et seq.); 

16 (ii) the Geothermal Steam Act of 1970 

17 (30 U.S.C. 1001 et seq.); 

18 (iii) the Act of July 31, 1947, com19 monly known as the Materials Act of 1947 

20 (30 U.S.C. 601 et seq.); or 

21 (iv) the Mineral Leasing for Acquired 

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

23 (B) does not include any mineral that is 

24 subject to a restriction against alienation im25 posed by the United States and is— 


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1 (i) held in trust by the United States 

2 for any Indian or Indian Tribe, as defined 

3 in section 2 of the Indian Mineral Develop4 ment Act of 1982 (25 U.S.C. 2101); or 

5 (ii) owned by any Indian or Indian 

6 Tribe, as defined in that section. 

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

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

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

10 this Act, for, related to, or incidental to, mineral ex11 ploration, mining, beneficiation, processing, or rec12 lamation activities for any hardrock mineral. 

13 (18) The term ‘‘memorandum of agreement’’ 

14 means a document that records the terms and condi15 tions agreed upon by an agency and an Indian Tribe 

16 through the consultation process regarding an activ17 ity. 

18 (19) The term ‘‘National Conservation System 

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

20 National Wildlife Refuge System, National Wild and 

21 Scenic Rivers System, National Wilderness Preserva22 tion System, National Landscape Conservation Sys23 tem, or National Trails System, or a National Con24 servation Area, a National Recreation Area, a Wil25 derness Study Area, a National Monument, or any 


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1 unit of the National Wilderness Preservation System 

2 or lands within the National Forest System, includ3 ing: 

4 (A) National Volcanic Monuments. 

5 (B) Recreation Areas, Scenic Recreation 

6 Areas, and Winter Recreation Areas. 

7 (C) Scenic Areas, Scenic-Research Areas, 

8 Scenic Highways, National Scenic and Wildlife 

9 Areas. 

10 (D) National Game and Wildlife Preserves. 

11 (E) Special Management, Wildlife, Con12 servation and Protection Areas, including botan13 ical, hydrological (watershed), geological, histor14 ical, paleontological, and zoological areas. 

15 (F) Experimental Forests, Ranges, and Wa16 tersheds. 

17 (G) Research Sites and Research Natural 

18 Areas. 

19 (H) Inventoried Roadless Area, Colorado 

20 Roadless Area, and Idaho Roadless Area. 

21 (I) Recommended Wilderness and Primitive 

22 Areas. 

23 (20) The term ‘‘operator’’ means any person pro24 posing or authorized by a permit issued under this 


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1 Act to conduct mineral activities and any agent of 

2 such person. 

3 (21) The term ‘‘person’’ means an individual, 

4 Indian Tribe, partnership, association, society, joint 

5 venture, joint stock company, firm, company, cor6 poration, cooperative, or other organization and any 

7 instrumentality of State or local government includ8 ing any publicly owned utility or publicly owned cor9 poration of State or local government. 

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

11 downstream of beneficiation employed to prepare 

12 locatable mineral ore into the final marketable prod13 uct, including smelting and electrolytic refining. 

14 (23) The term ‘‘sacred site’’ means any specific 

15 delineated location on Federal land that is identified 

16 by an Indian Tribe— 

17 (A) as sacred by virtue of its established re18 ligious significance to, or ceremonial use by, an 

19 Indian religion; or 

20 (B) to be of established cultural signifi21 cance. 

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

23 of the Interior, unless otherwise specified. 

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


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1 (A) the Secretary of Agriculture (acting 

2 through the Chief of the Forest Service) with re3 spect to National Forest System land; and 

4 (B) the Secretary of the Interior (acting 

5 through the Director of the Bureau of Land 

6 Management) with respect to other Federal land. 

7 (26)(A) The term ‘‘small miner’’ means a person 

8 (including all related parties thereto) that— 

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

10 mill sites, or tunnel sites, or any combination 

11 thereof, on public lands; 

12 (ii) holds leases and permits under this Act 

13 with respect to not more than 200 acres of Fed14 eral land; 

15 (iii) certifies to the Secretary in writing 

16 that the person had annual gross income in the 

17 preceding calendar year from mineral produc18 tion in an amount less than $50,000; and 

19 (iv) has performed assessment work required 

20 under the Mining Law of 1872 (30 U.S.C. 28 et 

21 seq.) to maintain any mining claims held by the 

22 person (including such related parties) for the 

23 assessment year ending on noon of September 1 

24 of the calendar year in which payment of the 

25 claim maintenance fee was due. 


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1 (B) For purposes of subparagraph (A), with re2 spect to any person, the term ‘‘all related parties’’ 

3 means— 

4 (i) the spouse and dependent children (as 

5 defined in section 152 of the Internal Revenue 

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

7 (ii) a person affiliated with the person con8 cerned, including— 

9 (I) another person controlled by, con10 trolling, or under common control with the 

11 person concerned; or 

12 (II) a subsidiary or parent company 

13 or corporation of the person concerned. 

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

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

16 aggregate of all annual gross income from mineral 

17 production under all mining claims held by or as18 signed to such person or all related parties with re19 spect to such person, including mining claims located 

20 or for which a patent was issued before the date of the 

21 enactment of this Act. 

22 (27) The term ‘‘temporary cessation’’ means a 

23 halt in mine-related production activities for a con24 tinuous period of no longer than 5 years. 


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1 (28) The term ‘‘ton’’ means 2,000 pounds avoir2 dupois (.90718 metric ton). 

3 (29) The term ‘‘undue degradation’’ means irrep4 arable harm to significant scientific, cultural, or en5 vironmental resources on public lands. 

6 (30) The term ‘‘valuable mineral deposit’’ means 

7 a deposit of hardrock minerals that is of sufficient 

8 value for a prudent operator to economically mine. 

9 (31) The term ‘‘waste’’ means rock that must be 

10 fractured and removed in order to gain access to 

11 crude ore. 

12 (b) REFERENCES TO OTHER LAWS.— 

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

14 this Act to the term ‘‘general mining laws’’ is a ref15 erence to those Acts that generally comprise chapters 

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

17 United States Code. 

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

19 Act to the Act of July 23, 1955, is a reference to the 

20 Act entitled ‘‘An Act to amend the Act of July 31, 

21 1947 (61 Stat. 681) and the mining laws to provide 

22 for multiple use of the surface of the same tracts of 

23 the public lands, and for other purposes’’ (30 U.S.C. 

24 601 et seq.). 


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1 SEC. 3. APPLICATION RULES. 

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

3 claim, millsite claim, or tunnel site claim located under the 

4 general mining laws, before or on the date of enactment of 

5 this Act. 

6 (b) APPLICATION OF ACT TO BENEFICIATION AND

7 PROCESSING OF NON-FEDERAL MINERALS ON FEDERAL

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

9 manner and to the same extent to mining claims, millsite 

10 claims, tunnel site claims, and any land included in a lease 

11 or license issued under this Act, used for beneficiation or 

12 processing activities for any hardrock mineral. 

13 TITLE I—MINERAL LEASING, EX14 PLORATION, AND DEVELOP15 MENT 

16 SEC. 101. CLOSURE TO ENTRY AND LOCATION. 

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

18 section, as of the effective date of this Act all Federal lands 

19 are closed to entry and location under the general mining 

20 laws, and no new rights under the general mining laws may 

21 be acquired. 

22 (b) EXISTING NONPRODUCING CLAIMS.— 

23 (1) CLAIMS WITHOUT PLAN OF OPERATIONS.— 

24 Any claim under the general mining laws existing on 

25 the effective date of this Act for which a plan of oper26 ations is not approved, or a notice of operations is 


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1 not filed, before such date shall be subject to the re2 quirements of this Act, and may remain in effect 

3 until not later than the end of the 10-year period be4 ginning on the date of enactment of this Act if the 

5 claimholder remains in compliance with section 109, 

6 unless the claim holder— 

7 (A) relinquishes the claim; or 

8 (B) demonstrates eligibility for a lease and 

9 requests conversion under the regulations issued 

10 under subsection (d). 

11 (2) SHORTENING OF PERIOD.—The 10-year pe12 riod referred to in paragraph (1) shall be shortened 

13 to 3 years if— 

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

15 in an area withdrawn or temporarily segregated 

16 from location under the general mining laws as 

17 of the effective date of this Act; or 

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

19 (3) CONVERSION.—Upon showing to the satisfac20 tion of the Secretary of a valuable mineral deposit on 

21 lands subject to such a claim, the Secretary may con22 vert the claim to a noncompetitive lease under the 

23 regulations issued under subsection (d). 

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

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1 riod under paragraph (1) or (2) shall be considered 

2 invalid and void. 

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

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

5 under the general mining laws for which a plan of 

6 operations has been approved but for which oper7 ations have not commenced before the date of enact8 ment of this Act— 

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

10 the date of enactment of this Act— 

11 (i) mineral activities on lands subject 

12 to such claim shall be subject to such plan 

13 of operations; and 

14 (ii) modification of such plan may be 

15 made in accordance with the provisions of 

16 law applicable before the date of the enact17 ment of this Act if such modifications are 

18 considered minor by the Secretary con19 cerned; and 

20 (B) the operator shall bring such mineral 

21 activities into compliance with this Act by the 

22 end of such 10-year period. 

23 (2) ACTIVITIES PENDING DECISION ON MODIFICA24 TION TO PLAN OF OPERATIONS.—If an application for 

25 modification of a plan of operations referred to in 


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1 paragraph (1)(A)(ii) has been timely submitted and 

2 an approved plan expires before the Secretary con3 cerned takes action on the application, mineral ac4 tivities and reclamation may continue in accordance 

5 with the terms of the expired plan until such Sec6 retary makes an administrative decision on the appli7 cation. 

8 (3) CONVERSION REQUIREMENT.—Any claims re9 ferred to in paragraph (1) may remain in effect for 

10 a period of up to 10 years. Any claim not converted 

11 to a lease under subsection (d) before the end of that 

12 period shall be subject to a fee of $100 per acre per 

13 day until the claim is converted to a lease. 

14 (d) CONVERSION REGULATIONS.— 

15 (1) IN GENERAL.—The Secretary shall issue reg16 ulations not later than one year after the date of the 

17 enactment of this Act to provide for the conversion of 

18 mining claims to noncompetitive mining leases. 

19 (2) CONTENT.—The regulations issued under 

20 paragraph (1) shall— 

21 (A) prohibit the conversion of a mining 

22 claim to a mining lease by a claimholder who is 

23 in violation of this Act or other State or Federal 

24 environmental, health, or worker safety law; 


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1 (B) allow the Secretary to exercise discre2 tion to include nonmineral lands within the 

3 boundaries of any mill site associated with the 

4 mining claim to be converted to a noncompeti5 tive lease; 

6 (C) prohibit the area in any noncompetitive 

7 mining lease issued under this subsection to ex8 ceed the maximum area authorized by this Act 

9 to be leased to any person; 

10 (D) require the consent of the surface man11 aging agency for conversion of a mining claim 

12 to a noncompetitive mining lease; 

13 (E) require the fiscal terms of the converted 

14 noncompetitive mining lease to be the same as 

15 provided in this Act for other hardrock mining 

16 leases; 

17 (F) require compliance with all provisions 

18 of this Act; and 

19 (G) include any other terms the Secretary 

20 considers appropriate. 

21 (e) NATIONAL ENVIRONMENTAL POLICY ACT.—The 

22 Secretary is not required to conduct an environmental 

23 analysis under the National Environmental Policy Act of 

24 1969 (42 U.S.C. 4321 et seq.) for the issuance of a non25 competitive lease under this section, unless the noncompetiVerDate Sep 11 2014 23:28 Aug 04, 2020 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\H2579.RH H2579

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1 tive lease modifies or extends the surface disturbance al2 ready authorized under a mine plan of operations covering 

3 the mining claim that is converted. 

4 SEC. 102. LIMITATION ON PATENTS. 

5 (a) MINING CLAIMS.— 

6 (1) DETERMINATIONS REQUIRED.—After the date 

7 of enactment of this Act, no patent shall be issued by 

8 the United States for any mining claim located under 

9 the general mining laws unless the Secretary deter10 mines that, for the claim concerned— 

11 (A) a patent application was filed with the 

12 Secretary on or before September 30, 1994; and 

13 (B) all requirements established under sec14 tions 2325 and 2326 of the Revised Statutes (30 

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

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

17 the Revised Statutes (30 U.S.C. 35, 36, and 37), 

18 in the case of a placer claim, were fully complied 

19 with by that date. 

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

21 the determinations referred to in subparagraphs (A) 

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

23 holder of the claim shall be entitled to the issuance of 

24 a patent in the same manner and degree to which 

25 such claim holder would have been entitled to prior 


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1 to the enactment of this Act, unless such determina2 tions are withdrawn or invalidated by the Secretary 

3 or by a court of the United States. 

4 (b) MILLSITE CLAIMS.— 

5 (1) DETERMINATIONS REQUIRED.—After the date 

6 of enactment of this Act, no patent shall be issued by 

7 the United States for any millsite claim located under 

8 the general mining laws unless the Secretary deter9 mines that for such millsite— 

10 (A) a patent application for the land sub11 ject to such claim was filed with the Secretary 

12 on or before September 30, 1994; and 

13 (B) all requirements applicable to such pat14 ent application were fully complied with before 

15 that date. 

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

17 the determinations described in subparagraphs (A) 

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

19 holder of the claim shall be entitled to the issuance of 

20 a patent in the same manner and degree to which 

21 such claim holder would have been entitled to prior 

22 to the enactment of this Act, unless such determina23 tions are withdrawn or invalidated by the Secretary 

24 or by a court of the United States. 


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1 SEC. 103. PROSPECTING LICENSE AND HARDROCK LEASES. 

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

3 prospecting for commercial purposes for any hardrock min4 eral on Federal lands without a prospecting license or a 

5 small miners lease. 

6 (b) PROSPECTING LICENSES.— 

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

8 such rules and regulations as the Secretary may pre9 scribe and with the concurrence of the relevant surface 

10 management agency, grant an applicant a 

11 prospecting license that shall give the exclusive right 

12 to prospect for specified hardrock minerals on Federal 

13 lands for a period of not exceeding two years. 

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

15 license shall not exceed 2,560 acres of land, in reason16 ably compact form. 

17 (3) LICENSE APPLICATION FEE.—The Secretary 

18 shall charge a fee for each license application to cover 

19 the costs of processing the license, and the license shall 

20 be subject to annual rentals equal to $10 per acre per 

21 year. 

22 (4) TERMS AND CONDITIONS.—A prospecting li23 cense must conform with the terms and conditions of 

24 a comprehensive land use plan approved under the 

25 Federal Land Policy and Management Act of 1976 

26 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland 


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1 Renewable Resources Planning Act of 1974 (16 

2 U.S.C. 1600 et seq.). For areas where a comprehensive 

3 land use plan treating hardrock mining as a mul4 tiple-use activity has not been completed, the Sec5 retary concerned shall ensure that the land to be cov6 ered by the license is suitable for mineral activities. 

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

8 extended for up to an additional four years upon a 

9 showing by the licensee that the licensee explored with 

10 reasonable diligence and was unable to determine the 

11 existence and workability of a valuable deposit cov12 ered by the license, or that the failure to perform dili13 gent prospecting activities was due to conditions be14 yond the licensee’s control. 

15 (c) NONCOMPETITIVE LEASES.— 

16 (1) IN GENERAL.—Upon a showing to the satis17 faction of the Secretary by a prospecting licensee 

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

19 hardrock mineral has been discovered by the licensee 

20 within an area covered by the prospecting license and 

21 with the consent of the surface agency, the licensee 

22 shall be entitled to a lease for any or all of the land 

23 included in the prospecting license, as well as any 

24 nonmineral lands necessary for processing or milling 

25 operations, at a royalty of no less than 12.5 percent 


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1 of the gross value of production of hardrock minerals 

2 or mineral concentrates or products derived from 

3 hardrock minerals under the lease. Rentals for such 

4 lease shall be set by the Secretary at no less than $10 

5 per acre per year, with rentals paid in any one year 

6 credited against royalties accruing for that year. The 

7 recipient of such lease is not entitled to an operations 

8 permit. 

9 (2) LEASE PERIOD.— 

10 (A) IN GENERAL.—A lease under this sec11 tion shall be for a period of 20 years, with the 

12 right to renew for successive periods of 10 years 

13 if hardrock minerals are being produced in com14 mercial quantities under the lease. 

15 (B) EXTENSION DURING NONPRODUCTION.— 

16 If hardrock minerals are not being produced in 

17 commercial quantities at the end of the primary 

18 term or any subsequent term of such a lease, the 

19 Secretary may issue a 10-year extension of the 

20 lease in the interest of conservation, reclamation 

21 maintenance, or upon a successful showing by 

22 the lessee that the lease cannot be successfully op23 erated at a profit or for other reasons. No more 

24 than one extension under this subparagraph may 

25 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.— 

7 (1) Subject to paragraph (2), The Secretary— 

8 (A) may reduce the royalty rate for a lease 

9 upon a showing by clear and convincing evi10 dence by the person conducting mineral activi11 ties under the lease that production would not 

12 occur without the reduction in royalty; and 

13 (B) may reduce royalty and rental rates for 

14 a lease to encourage exploration for and develop15 ment of hardrock minerals classified as strategic 

16 and critical by the Department of Energy. 

17 (2) The Secretary may not reduce the royalty 

18 rate for a lease pursuant to paragraph (1) to a roy19 alty rate of less than 6.25 percent. 

20 (f) PROTECTION OF LAND AND OTHER RESOURCES.— 

21 The Secretary may include in any lease or license issued 

22 under this Act such provisions as are necessary to ade23 quately protect the lands and other resources in the vicinity 

24 of the area subject to the lease or license. For land not man25 aged by the Department of the Interior, the Secretary shall 


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1 consult with the appropriate surface management agency 

2 in formulating such provisions. 

3 SEC. 104. COMPETITIVE LEASING. 

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

5 Federal lands known to contain valuable deposits of 

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

7 or leases may only be open to hardrock mineral exploration 

8 or development through competitive leasing by the Secretary 

9 by such methods the Secretary may adopt by regulation and 

10 in such areas as the Secretary may determine, including 

11 nonmineral lands the Secretary considers necessary for 

12 processing or milling operations. The total area of land sub13 ject to any such lease shall not exceed 2,560 acres. 

14 (b) TERMS AND REQUIREMENTS.—All terms and re15 quirements for competitive leases under this section shall 

16 be the same as if the leases were issued noncompetitively 

17 under section 103(c). 

18 SEC. 105. SMALL MINERS LEASES. 

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

20 miners leases to qualified small miners that apply, under 

21 such rules and regulations as the Secretary may prescribe, 

22 including conditions to require diligent development of the 

23 lease and to ensure protection of surface resources and 

24 groundwater. 


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

2 give the leaseholder the exclusive right to prospect for 

3 hardrock minerals for 3 years on up to 200 acres of contig4 uous or non-contiguous Federal land. 

5 (c) APPLICATION FEE.—The Secretary shall charge a 

6 reasonable application fee for such a lease. 

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

8 acre per year for the first 3 years. 

9 (e) RENEWAL.—Such leases may be renewed for addi10 tional 3-year periods, with no limit, with a $10 per acre 

11 per year rental charged for renewed leases. 

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

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

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

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

16 a challenge may not be renewed unless the Secretary has 

17 determined that the leaseholder is a small miner and is in 

18 compliance with all the terms of the lease. 

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

20 commercial production under a small miners lease. 

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

22 claim, as of January 1, 2019, that belongs to an individual 

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

24 miners lease under the same terms and conditions that 

25 apply to other small miners leases, except that such 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 per 

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

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

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

7 lease. 

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

9 (1) may only be held by the primary leaseholder, 

10 a spouse thereof, or a direct descendent thereof; 

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

12 a spouse or direct descendent of the primary lease13 holder; and 

14 (3) is subject to all permitting requirements 

15 under this Act. 

16 (j) CONVERSION TO HARDROCK MINERAL LEASE.—If, 

17 with regards to a lease, the leaseholder no longer qualifies 

18 as a small miner at the time such leaseholder applies for 

19 a renewal of such lease, such leaseholder shall not be eligible 

20 to renew the small miners lease, but shall be eligible for 

21 a noncompetitive hardrock mineral lease issued under sec22 tion 103(c). Notwithstanding section 103(c)(1), royalties 

23 under such a lease shall only be due on the gross income 

24 that exceeds the amount of gross income specified in such 


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1 definition as of the time the hardrock mineral lease is 

2 issued. 

3 SEC. 106. LANDS CONTAINING NONHARDROCK MINERALS; 

4 OTHER USES. 

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

6 this Act for lands that contain deposits of coal or other 

7 nonhardrock minerals, the Secretary shall reserve to the 

8 United States such nonhardrock minerals for disposal 

9 under applicable laws. 

10 (b) OTHER USES OF LICENSED AND LEASED

11 LANDS.— 

12 (1) IN GENERAL.—The Secretary shall promul13 gate regulations to allow for other uses of the lands 

14 covered by a prospecting license under this Act, in15 cluding leases for other minerals, if such other uses 

16 would not unreasonably interfere with operations 

17 under the prospecting license. 

18 (2) PROSPECTING LICENSES.—The Secretary 

19 shall include in such prospecting licenses such terms 

20 and conditions as the Secretary finds necessary to 

21 avoid unreasonable interference with other uses occur22 ring on, or other leases of, the licensed lands. 

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

24 leases under this Act stipulations to allow for simulVerDate Sep 11 2014 23:28 Aug 04, 2020 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\H2579.RH 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, shall 

9 be subject to a royalty established by the Secretary at no 

10 less than 8 percent of the gross value of such production, 

11 or of mineral concentrates or products derived from 

12 hardrock minerals. Any Federal land added through a plan 

13 modification to an operations permit on Federal land that 

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

15 be subject to a royalty established by the Secretary for such 

16 lease of no less than 12.5 percent of the gross value of pro17 duction of hardrock minerals, or mineral concentrates or 

18 products derived from hardrock minerals. 

19 (b) LIABILITY.—The claim or leaseholder, or any oper20 ator 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 hold23 er or operator, shall be liable for payment of such royalties. 


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

2 title, including rents, royalties, claim maintenance fees, in3 terest 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 401. 

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

12 (1) REGULATION.—The Secretary shall prescribe 

13 by rule the time and manner in which— 

14 (A) a person who is required to make a roy15 alty payment under this section shall make such 

16 payment; and 

17 (B) shall notify the Secretary of any assign18 ment that such person may have made of the ob19 ligation to make any royalty or other payment 

20 under a mining claim or lease under this title. 

21 (2) WRITTEN INSTRUMENT.—Any person paying 

22 royalties under this section shall file a written instru23 ment, together with the first royalty payment, affirm24 ing that such person is responsible for making proper 


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1 payments for all amounts due for all time periods for 

2 which such person has a payment responsibility. 

3 (3) ADDITIONAL AMOUNTS.—Such responsibility 

4 for the periods referred to in paragraph (2) shall in5 clude any and all additional amounts billed by the 

6 Secretary and determined to be due by final agency 

7 or judicial action. 

8 (4) JOINT AND SEVERAL LIABILITY.—Any person 

9 liable for royalty payments under this section who as10 signs any payment obligation shall remain jointly 

11 and severally liable for all royalty payments due for 

12 the period. 

13 (5) OBLIGATIONS.—A person conducting mineral 

14 activities shall— 

15 (A) develop and comply with the site secu16 rity provisions in the operations permit designed 

17 to protect from theft the hardrock minerals, con18 centrates, or products derived therefrom that are 

19 produced or stored on the area subject to a min20 ing claim or lease, and such provisions shall con21 form with such minimum standards as the Sec22 retary may prescribe by rule, taking into ac23 count the variety of circumstances on areas sub24 ject to mining claims and leases; and 


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

2 production begins anywhere on an area subject 

3 to a mining claim or lease, or production re4 sumes after more than 90 days after production 

5 was suspended, notify the Secretary, in the man6 ner prescribed by the Secretary, of the date on 

7 which such production has begun or resumed. 

8 (6) REQUIRED DOCUMENTATION.—The Secretary 

9 may by rule require any person engaged in trans10 porting a hardrock mineral, concentrate, or product 

11 derived therefrom to carry on his or her person, in his 

12 or her vehicle, or in his or her immediate control, doc13 umentation showing, at a minimum, the amount, ori14 gin, and intended destination of the hardrock min15 eral, concentrate, or product derived therefrom in 

16 such circumstances as the Secretary determines is ap17 propriate. 

18 (e) RECORDKEEPING AND REPORTING REQUIRE19 MENTS.— 

20 (1) IN GENERAL.—A claim or lease holder, oper21 ator, or other person directly involved in developing, 

22 producing, processing, transporting, purchasing, or 

23 selling hardrock minerals, concentrates, or products 

24 derived therefrom, subject to this Act, through the 

25 point of royalty computation shall establish and 


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1 maintain any records, make any reports, and provide 

2 any information that the Secretary may reasonably 

3 require for the purposes of implementing this section 

4 or determining compliance with rules or orders under 

5 this section. Such records shall include periodic re6 ports, records, documents, and other data. Such re7 ports may also include pertinent technical and finan8 cial data relating to the quantity, quality, composi9 tion volume, weight, and assay of all minerals ex10 tracted from the mining claim or lease. 

11 (2) AVAILABILITY FOR INSPECTION.—Upon the 

12 request of any officer or employee duly designated by 

13 the Secretary conducting an audit or investigation 

14 pursuant to this section, the appropriate records, re15 ports, or information that may be required by this 

16 section shall be made available for inspection and du17 plication by such officer or employee. 

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

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

20 first sentence to cooperate with such an audit, provide 

21 data required by the Secretary, or grant access to in22 formation may, at the discretion of the Secretary, re23 sult in involuntary forfeiture of the claim or lease. 

24 (4) MAINTENANCE OF RECORDS.—Records re25 quired by the Secretary under this section shall be 


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1 maintained for 7 years after release of financial as2 surance under section 306 unless the Secretary noti3 fies the operator that the Secretary has initiated an 

4 audit or investigation involving such records and that 

5 such records must be maintained for a longer period. 

6 In any case when an audit or investigation is under7 way, records shall be maintained until the Secretary 

8 releases the operator of the obligation to maintain 

9 such records. 

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

11 such audits of all claim or lease holders, operators, trans12 porters, purchasers, processors, or other persons directly or 

13 indirectly involved in the production or sale of minerals 

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

15 the purposes of ensuring compliance with the requirements 

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

17 Secretary shall, at reasonable times and upon request, have 

18 access to, and may copy, all books, papers and other docu19 ments that relate to compliance with any provision of this 

20 section by any person. 

21 (g) COOPERATIVE AGREEMENTS.— 

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

23 enter into cooperative agreements with the Secretary 

24 of Agriculture to share information concerning the 

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1 centrates, or products derived therefrom, to carry out 

2 inspection, auditing, investigation, or enforcement 

3 (not including the collection of royalties, civil or 

4 criminal penalties, or other payments) activities 

5 under this section in cooperation with the Secretary, 

6 and to carry out any other activity described in this 

7 section. 

8 (2) SECRETARY OF AGRICULTURE.—Except as 

9 provided in paragraph (3), and pursuant to a cooper10 ative agreement, the Secretary of Agriculture shall, 

11 upon request, have access to all royalty accounting in12 formation in the possession of the Secretary respecting 

13 the production, removal, or sale of hardrock minerals, 

14 concentrates, or products derived therefrom from 

15 claims or leases on lands open to location under this 

16 Act. 

17 (3) TRADE SECRETS.—Trade secrets, propri18 etary, and other confidential information protected 

19 from disclosure under section 552 of title 5, United 

20 States Code, shall be made available by the Secretary 

21 to other Federal agencies as necessary to assure com22 pliance with this Act and other Federal laws. The 

23 Secretary, the Secretary of Agriculture, the Adminis24 trator of the Environmental Protection Agency, and 

25 other Federal officials shall ensure that such informaVerDate Sep 11 2014 23:28 Aug 04, 2020 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\H2579.RH H2579

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1 tion is provided protection in accordance with the re2 quirements of that section. 

3 (h) INTEREST AND SUBSTANTIAL UNDERREPORTING

4 ASSESSMENTS.— 

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

6 mining claims or leases where royalty payments are 

7 not received by the Secretary on the date that such 

8 payments are due, the Secretary shall charge interest 

9 on such underpayments at the same interest rate as 

10 the rate applicable under section 6621(a)(2) of the In11 ternal Revenue Code of 1986. In the case of an under12 payment, interest shall be computed and charged only 

13 on the amount of the deficiency and not on the total 

14 amount. 

15 (2) UNDERREPORTING.—If there is any under16 reporting of royalty owed on production from a claim 

17 or lease for any production month by any person lia18 ble for royalty payments under this section, the Sec19 retary shall assess a penalty of not greater than 25 

20 percent of the amount of that underreporting. 

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

22 waive or reduce the assessment provided in paragraph 

23 (2) of this subsection if the person liable for royalty 

24 payments under this section corrects the under25 reporting before the date such person receives notice 


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1 from the Secretary that an underreporting may have 

2 occurred, or before 90 days after the date of the enact3 ment of this section, whichever is later. 

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

5 portion of an assessment under paragraph (2) of this 

6 subsection attributable to that portion of the under7 reporting for which the person responsible for paying 

8 the royalty demonstrates that— 

9 (A) such person had written authorization 

10 from the Secretary to report royalty on the value 

11 of the production on basis on which it was re12 ported; 

13 (B) such person had substantial authority 

14 for reporting royalty on the value of the produc15 tion on the basis on which it was reported; 

16 (C) such person previously had notified the 

17 Secretary, in such manner as the Secretary may 

18 by rule prescribe, of relevant reasons or facts af19 fecting the royalty treatment of specific produc20 tion which led to the underreporting; or 

21 (D) such person meets any other exception 

22 which the Secretary may, by rule, establish. 

23 (5) DEFINITION.—For the purposes of this sub24 section, the term ‘‘underreporting’’ means the dif25 ference between the royalty on the value of the producVerDate Sep 11 2014 23:28 Aug 04, 2020 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\H2579.RH H2579

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1 tion that should have been reported and the royalty 

2 on the value of the production which was reported, if 

3 the value that should have been reported is greater 

4 than the value that was reported. 

5 (6) HARDROCK MINERALS RECLAMATION

6 FUND.—All penalties collected under this subsection 

7 shall be deposited in the Hardrock Minerals Reclama8 tion Fund established by this Act. 

9 (i) EXPANDED ROYALTY OBLIGATIONS.—Each person 

10 liable for royalty payments under this section shall be joint11 ly and severally liable for royalty on all hardrock minerals, 

12 concentrates, or products derived therefrom lost or wasted 

13 from a mining claim or lease when such loss or waste is 

14 due to negligence on the part of any person or due to the 

15 failure to comply with any rule, regulation, or order issued 

16 under this section. 

17 (j) GROSS INCOME FROM MINING DEFINED.—For the 

18 purposes of this section, for any hardrock mineral, the term 

19 ‘‘gross income from mining’’ has the same meaning as the 

20 term ‘‘gross income’’ in section 613(c) of the Internal Rev21 enue Code of 1986. 

22 (k) EFFECTIVE DATE.—Royalties under this Act shall 

23 take effect with respect to the production of hardrock min24 erals after the enactment of this Act, but any royalty pay25 ments attributable to production during the first 12 calVerDate Sep 11 2014 23:28 Aug 04, 2020 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\H2579.RH H2579

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1 endar months after the enactment of this Act shall be pay2 able at the expiration of such 12-month period. 

3 (l) FAILURE TO COMPLY WITH ROYALTY REQUIRE4 MENTS.—Any person who fails to comply with the require5 ments of this section or any regulation or order issued to 

6 implement this section shall be liable for a civil penalty 

7 under section 109 of the Federal Oil and Gas Royalty Man8 agement Act (30 U.S.C. 1719) to the same extent as if the 

9 claim or lease maintained in compliance with this Act were 

10 a lease under such Act. 

11 SEC. 108. EXISTING PRODUCTION. 

12 The holder of a mining claim located or converted 

13 under this Act for which mineral activities have already 

14 commenced under an approved plan of operations as of the 

15 date of enactment of this Act shall have the exclusive right 

16 of possession and use of the claimed land for mineral activi17 ties, including the right of ingress and egress to such 

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

19 United States under this Act and other applicable Federal 

20 law. Such rights of the claim holder shall terminate upon 

21 completion of mineral activities on such lands to the satis22 faction of the Secretary. 

23 SEC. 109. HARDROCK MINING CLAIM MAINTENANCE FEE. 

24 (a) FEE.— 

25 (1) IN GENERAL.— 


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1 (A) REQUIRED FEES.—Except as provided 

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

3 1992 (30 U.S.C. 242), or as otherwise provided 

4 in this Act, for each unpatented mining claim, 

5 mill, or tunnel site on federally owned lands, 

6 whether located before or on the date of enact7 ment of this Act, each claimant shall pay to the 

8 Secretary, on or before August 31 of each year, 

9 a claim maintenance fee of $200 per claim to 

10 hold such unpatented mining claim, mill or tun11 nel site for the assessment year beginning at 

12 noon on the next day, September 1. Such claim 

13 maintenance fee shall be in lieu of the assessment 

14 work requirement contained in the Mining Law 

15 of 1872 (30 U.S.C. 28 et seq.) and the related fil16 ing requirements contained in section 314 (a) 

17 and (c) of the Federal Land Policy and Manage18 ment Act of 1976 (43 U.S.C. 1744 (a) and (c)). 

19 (B) FEE ADJUSTMENTS.—Any adjustment 

20 to the fees under this subsection under section 

21 502 shall begin to apply the calendar year fol22 lowing the calendar year in which such adjust23 ment is made. 

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1 ment contained in the Mining Law of 1872 (30 

2 U.S.C. 28 et seq.) shall not apply with respect to 

3 any claim held by a small miner. 

4 (2) Moneys received under this subsection that 

5 are not otherwise allocated for the administration of 

6 the mining laws by the Department of the Interior 

7 shall be deposited in the Hardrock Minerals Reclama8 tion Fund established by section 401. 

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

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

11 in effect except that the annual claim maintenance fee, 

12 where applicable, shall replace applicable assessment re13 quirements and expenditures. 

14 (c) FAILURE TO PAY.—Failure to pay the claim main15 tenance fee as required by subsection (a) shall conclusively 

16 constitute a forfeiture of the unpatented mining claim, mill 

17 or tunnel site by the claimant and the claim shall be deemed 

18 null and void by operation of law. 

19 (d) OTHER REQUIREMENTS.— 

20 (1) REQUIRED FILINGS.—Nothing in this section 

21 shall change or modify the requirements of section 

22 314(b) of the Federal Land Policy and Management 

23 Act of 1976 (43 U.S.C. 1744(b)), or the requirements 

24 of section 314(c) of the Federal Land Policy and 

25 Management Act of 1976 (43 U.S.C. 1744(c)) related 


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1 to filings required by section 314(b), which remain in 

2 effect. 

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

4 Revised Statutes of the United States (30 U.S.C. 28) 

5 is amended by inserting ‘‘or section 103(a) of the 

6 Hardrock Leasing and Reclamation Act of 2019’’ 

7 after ‘‘Act of 1993’’. 

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

9 OF CLAIMS. 

10 Except as otherwise provided in section 101, timely 

11 payment of the claim maintenance fee required by section 

12 109 or any related law relating to the use of Federal land, 

13 asserts the claimant’s authority to use and occupy the Fed14 eral land concerned for prospecting and exploration, con15 sistent with the requirements of this Act and other applica16 ble law. 

17 SEC. 111. PROTECTION OF SPECIAL PLACES. 

18 (a) PROTECTION OF NATIONAL PARK SYSTEM UNITS

19 AND NATIONAL MONUMENTS.—No permit shall be issued 

20 under this Act that authorizes mineral activities that would 

21 impair the land or resources of a unit of the National Park 

22 System or a national monument. For purposes of this sub23 section, the term ‘‘impair’’ includes any diminution of the 

24 affected land including wildlife, scenic assets, water re25 sources, air quality, and acoustic qualities, or other changes 


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1 that would impair a citizen’s experience at the National 

2 Park System unit or a national monument. 

3 (b) PROTECTION OF CONSERVATION AREAS.—In order 

4 to protect the resources and values of National Conservation 

5 System units, the Secretary, as appropriate, shall utilize 

6 authority under this Act and other applicable law to the 

7 fullest extent necessary to prevent mineral activities that 

8 could have an adverse impact on the resources or values 

9 for which such units were established. 

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

11 any other provision of law and subject to valid existing 

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

13 of the following: 

14 (1) Sacred sites. 

15 (2) Wilderness study areas. 

16 (3) Designated critical habitat. 

17 (4) Areas of critical environmental concern. 

18 (5) Units of the National Conservation System. 

19 (6) Areas designated for inclusion in the Na20 tional Wild and Scenic Rivers System pursuant to 

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

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

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

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


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

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

3 (7) Inventoried Roadless Areas under the 

4 Roadless Area Conservation Rule, part 294 of title 36, 

5 Code of Federal Regulations, Colorado Roadless 

6 Areas, or Idaho Roadless Areas. 

7 SEC. 112. SUITABILITY DETERMINATION. 

8 (a) IN GENERAL.—The Secretary concerned shall make 

9 each determination of whether lands are suitable for min10 eral activities that is otherwise required by this Act, in ac11 cordance with subsection (b). 

12 (b) SUITABILITY.— 

13 (1) IN GENERAL.—The Secretary concerned shall 

14 consider lands suitable for mineral activities if the 

15 Secretary concerned finds that such activities would 

16 not result in undue degradation to a special char17 acteristic described in paragraph (2) that cannot be 

18 prevented by the imposition of conditions in the per19 mit required for such activities under title III. 

20 (2) SPECIAL CHARACTERISTICS.—For purposes 

21 of paragraph (1) the Secretary concerned shall con22 sider each of the following to be a special char23 acteristic: 

24 (A) The existence of a significant water re25 source or supply in or associated with such 


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1 lands, including any aquifer or aquifer recharge 

2 area. 

3 (B) The presence on such lands, or any ad4 jacent land, of a publicly owned place that is 

5 listed on, or determined by the Secretary of the 

6 Interior to be eligible for listing on, the National 

7 Register of Historic Places. 

8 (C) The designation of all or any portion of 

9 such lands, or any adjacent land, as a National 

10 Conservation System unit. 

11 (D) The designation of all or any portion of 

12 such lands, or any adjacent land, as critical 

13 habitat under the Endangered Species Act of 

14 1973 (16 U.S.C. 1531 et seq.). 

15 (E) The designation of all or any portion of 

16 such lands, or any adjacent land, as a class I 

17 area under section 162 of the Clean Air Act (42 

18 U.S.C. 7472). 

19 (F) The presence of such other resource val20 ues as the Secretary concerned may by rule 

21 specify, determined based upon field testing, 

22 evaluation, or credible information that verifies 

23 such values. 

24 (G) The designation of such lands, or adja25 cent land, as a Research Natural Area. 


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1 (H) The presence on such lands, or any ad2 jacent land, of a sacred site. 

3 (I) The presence or designation of such 

4 lands adjacent to lands not open to mining pur5 suant to section 111. 

6 (3) A determination under this subsection of 

7 suitability for mineral activities shall be made after 

8 publication of notice and an opportunity for submis9 sion of public comment for a period of not less than 

10 60 days. 

11 (4) Any determination made in accordance with 

12 this subsection with respect to lands shall be incor13 porated into each Federal land use plan applicable to 

14 such lands, at the time such plan is adopted, revised, 

15 or significantly amended pursuant to any Federal 

16 law other than this Act. 

17 (c) CHANGE REQUEST.—The Secretary concerned 

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

19 to request a change in determination for any Federal land 

20 found suitable under subsection (a). 

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

22 shall be construed as affecting lands on which mineral ac23 tivities were being conducted on the date of enactment of 

24 this Act under an approved plan of operations or under 

25 notice. 


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1 TITLE II—CONSULTATION 

2 PROCEDURE 

3 SEC. 201. REQUIREMENT FOR CONSULTATION. 

4 (a) SCOPE.—Agencies shall ensure meaningful and 

5 timely consultation with Indian Tribes and Tribal officials 

6 prior to undertaking any mineral activities that may have 

7 substantial direct, indirect, or cumulative impacts on— 

8 (1) the lands, including allotted, ceded, or tradi9 tional lands, or interests of an Indian Tribe or a 

10 member of an Indian Tribe; 

11 (2) any part of any Federal land that shares a 

12 border with Indian country, as such term is defined 

13 in section 1151 of title 18, United States Code; 

14 (3) the relationship between the Federal Govern15 ment and an Indian Tribe; or 

16 (4) the distribution of power and responsibilities 

17 between the Federal Government and an Indian 

18 Tribe. 

19 (b) MULTIAGENCY MINERAL ACTIVITIES.—If more 

20 than one agency is involved in a mineral activity, some 

21 or all of the agencies may designate a lead agency, which 

22 shall be responsible for fulfilling the consultation required 

23 under subsection (a). an agency that does not designate a 

24 lead agency shall remain individually responsible for the 

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1 volved in the mineral activity shall remain involved in and 

2 engaged with the consultation process regardless of whether 

3 or not a lead agency has been designated. 

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

5 agency from additional consultation required under any 

6 other law or from taking any other consultative actions as 

7 required by any other law or agency prerogative in addition 

8 to those required by this Act. Nor does it preclude an agency 

9 from additional consultation that complies with agency reg10 ulations for consultation, advances agency consultation 

11 practices, or supports agency efforts to build or strengthen 

12 government-to-government relationships with an Indian 

13 Tribe. 

14 (d) TEMPORARY WAIVER.— 

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

16 waive the requirements of this title in all or any por17 tion of any emergency area during all or any portion 

18 of an emergency period. 

19 (2) DURATION OF WAIVER.—A temporary waiver 

20 under this subsection shall end upon the termination 

21 of the applicable emergency period. 

22 (3) DEFINITIONS.—For the purposes of this sub23 section— 

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

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1 gency or disaster declared by the President pur2 suant to the National Emergencies Act (50 

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

4 Disaster Relief and Emergency Assistance Act 

5 (42 U.S.C. 5121 et seq.); and 

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

7 period during which there exists an emergency or 

8 disaster declared by the President pursuant to 

9 the National Emergencies Act (50 U.S.C. 1601 et 

10 seq.) or the Robert T. Stafford Disaster Relief 

11 and Emergency Assistance Act (42 U.S.C. 5121 

12 et seq.). 

13 SEC. 202. TIMING. 

14 Consultation under sections 203 and 204 shall be com15 pleted before any Federal funds are expended for the min16 eral activity and before the issuance of any license. 

17 SEC. 203. SCOPING STAGE CONSULTATION. 

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

19 planning stage of a mineral activity, the agency shall com20 pile a draft of the scope of the project. The agency shall 

21 make a reasonable and good faith effort, consistent with sec22 tion 800.4(b)(1) of title 36, Code of Federal Regulations, 

23 as such regulation was in effect on July 6, 2004, to identify 

24 areas that contain sites important to Indian Tribes whether 

25 or not such sites are explicitly known to the agency. The 


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1 agency shall make a reasonable and good faith effort to 

2 identify any geographic areas important to Indian Tribes 

3 that might be affected and any other anticipated impacts 

4 to Tribal interests. 

5 (b) INITIAL CONSULTATION CONTACT.—The agency— 

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

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

8 a letter requesting consultation meetings to the rel9 evant Tribal Government officials, including the Trib10 al leader and all members of any elected Tribal gov11 erning body, relevant Tribal governmental agencies 

12 (including the Tribal Historic Preservation Officer or 

13 cultural resource manager), owners of individual al14 lotments, other stakeholders identified by the Tribe, 

15 and relevant non-Tribal stakeholders (including the 

16 State Historic Preservation Officer and local govern17 ments that have jurisdiction on any affected land via 

18 agreement with the agency); and 

19 (2) shall follow up with phone calls to confirm 

20 receipt of the documents by all intended recipients. 

21 (c) CONSULTATION MEETING ARRANGEMENTS.—The 

22 agency shall negotiate with the affected Indian Tribes to 

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

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

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1 tact and engage the affected Indian Tribes in consultation. 

2 If, after a good faith effort, the agency fails to engage the 

3 affected Indian Tribes, it may terminate its scoping stage 

4 consultation efforts by providing all consultation partners 

5 with a written notification and explanation for its decision 

6 to end scoping stage consultation efforts, signed by the head 

7 of the agency, and proceed to the decision stage procedures 

8 described in section 204. A good faith effort to consult must 

9 involve consistent and sustained efforts to contact and en10 gage with the appropriate-level officials via the available 

11 channels of communication (United States mail, e-mail, 

12 and telephone). 

13 (d) SCOPING STAGE CONSULTATION MEETING.—A 

14 scoping stage consultation meeting shall begin with con15 firmation of the format, facilitator, and agenda, with ade16 quate time scheduled for introductions and for interaction 

17 throughout the meeting among participants. Whenever pos18 sible, Tribal stakeholders (such as allottees or interested 

19 Tribal members) shall be brought into the on-going plan20 ning process directly by forming ad hoc workgroups (in21 cluding Tribal leaders or their designees) and, if appro22 priate, initiating a process for consensual development of 

23 regulations, such as negotiated rulemaking. A scoping stage 

24 consultation meeting shall conclude with planning for the 

25 next meeting, if necessary. 


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1 (e) TERMINATION OF SCOPING STAGE CONSULTATION

2 WITH A MEMORANDUM OF AGREEMENT.— 

3 (1) TERMINATION.—Except as provided by sub4 section (c), scoping stage consultation shall terminate 

5 upon the execution of a memorandum of agreement 

6 signed by the head of the agency and the affected In7 dian Tribes. 

8 (2) SIGNATORIES.—The affected Indian Tribes 

9 and the agency may jointly invite additional parties 

10 to be signatories of the memorandum of agreement. 

11 The signatories have sole authority to execute, amend, 

12 or terminate the memorandum of agreement. If any 

13 signatory determines that the terms of the memo14 randum of agreement cannot be carried out, the sig15 natories shall consult to seek amendment of the memo16 randum of agreement. If the memorandum of agree17 ment is not amended, any signatory may terminate 

18 the agreement, and the process will return to scoping 

19 stage consultation. The agency shall provide all non20 signatory consulting partners with the opportunity to 

21 submit a written statement, explanation, or comment 

22 on the consultation proceedings that shall become part 

23 of the agency’s official consultation record. 

24 (3) MEMORANDUM OF AGREEMENT.—The memo25 randum of agreement— 


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1 (A) may address multiple activities if— 

2 (i) the activities are similar and repet3 itive or are multistate or regional in scope, 

4 or where routine management activities are 

5 undertaken at Federal installations, facili6 ties, or other land management units; and 

7 (ii) the scope of the activities is clearly 

8 delineated; 

9 (B) may establish standard processes for 

10 certain categories of activities determined 

11 through consultation and defined in the memo12 randum of agreement; 

13 (C) shall include a provision for monitoring 

14 and reporting on its implementation; 

15 (D) shall include provisions for termination 

16 or reconsideration if the activity has not been 

17 completed within a specified time; 

18 (E) shall include provisions to address new 

19 discoveries, which may include halting the activ20 ity and returning to scoping stage consultation; 

21 (F) shall include provisions to address 

22 changes or modifications to the scope or nature 

23 of the activity, impacts or conditions of the 

24 project or site; 


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1 (G) may incorporate relevant Tribal laws, 

2 standards, regulations, or policies; 

3 (H) may include provisions for the protec4 tion of culturally sensitive information; and 

5 (I) shall include provisions to address and 

6 resolve disputes. 

7 (f) TERMINATION OF SCOPING STAGE CONSULTATION

8 WITHOUT A MEMORANDUM OF AGREEMENT.—The agency 

9 shall make a good faith effort through sustained interaction 

10 and collaboration to reach a consensus resulting in a memo11 randum of agreement. If, after a good faith effort and a 

12 reasonable amount of time given the nature and complex13 ities of the proposed activity and potential impacts, the 

14 agency determines that further consultation will not be pro15 ductive, it may terminate consultation by providing all 

16 consultation partners with a written notification and ex17 planation for its decision, signed by the head of the agency, 

18 and proceed to the decision stage procedures described in 

19 section 204. Any decision by an agency to terminate con20 sultation must be supported by an adequate documentation 

21 and evidence of its good faith efforts and the basis for its 

22 decision. The affected Indian Tribes may at any point de23 cide to terminate consultation. In case of termination by 

24 either party, the agency shall provide the affected Indian 

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1 mit a written statement, explanation, or comment on the 

2 consultation proceedings that will become part of the agen3 cy’s official consultation record. 

4 SEC. 204. DECISION STAGE PROCEDURES. 

5 (a) PROPOSAL DOCUMENT.—The agency shall compile 

6 a document consisting of the plan for the activity, its an7 ticipated impacts to Tribal interests, any memorandum of 

8 agreement, and any written statements made by consulting 

9 partners during the scoping stage as described in section 

10 203. The agency shall include sufficient supporting docu11 mentation to the extent permitted by law and within avail12 able funds to enable any reviewing parties to understand 

13 its basis. The agency may use documentation prepared to 

14 comply with other laws to fulfill the requirements of this 

15 provision to the extent that such documentation is suffi16 ciently pertinent to and focused on the relevant issues as 

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

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

19 to all affected Indian Tribes and stakeholders, including 

20 those that withdrew from the process. At a minimum, the 

21 document shall go to the Tribal leader, all members of any 

22 elected Tribal governing body, and stakeholders. The agency 

23 shall follow up to confirm receipt of the document. After 

24 these steps have been completed, the Proposal Document 


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1 shall be published in the Federal Register, subject to the pro2 visions of section 207. 

3 (b) PUBLIC COMMENT PERIOD.—The agency shall pro4 vide a period of not less than 90 days after publication in 

5 the Federal Register for comments on the Proposal Docu6 ment. A reasonable extension shall be granted upon request 

7 of not less than 30 days by any member of any of the af8 fected Indian Tribal governing bodies or a stakeholder. 

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 letter 

12 shall state the decision to proceed or not proceed with the 

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

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

15 where the decision conflicts with the expressed requests of 

16 any of the affected Indian Tribes or stakeholders. It shall 

17 particularly address why the decision was made to dis18 regard any such requests. The agency shall mail and, if pos19 sible, email a copy of the letter to all affected Indian Tribes 

20 and stakeholders, including those that withdrew from the 

21 process. At a minimum, the letter shall go to the Tribal 

22 leader, all members of the Tribal governing body, and stake23 holders. The agency shall follow up to confirm receipt of 

24 the letter. 


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1 (d) FINAL DECISION.—The agency shall provide a 60- 

2 day period following the issuance of the preliminary deci3 sion letter for response by the affected Indian Tribes and 

4 stakeholders. Thereafter, the agency shall notify in writing, 

5 signed by the head of the agency, the affected Indian Tribes 

6 and stakeholders, including those that withdrew from the 

7 process, of the agency’s final decision. 

8 SEC. 205. DOCUMENTATION AND REPORTING. 

9 (a) OFFICIAL CONSULTATION RECORD.—The agency 

10 shall keep an official consultation record that allows accu11 rate tracking of the process so that agencies and consulting 

12 parties can correct any errors or omissions, and provides 

13 an official record of the process that can be referred to in 

14 any litigation that may arise. The agency shall document 

15 all efforts to initiate consultation as well as documenting 

16 the process once it has begun. Such documentation, includ17 ing correspondence, telephone logs, and emails, shall be in18 cluded in the agency’s official consultation record. The 

19 agency shall also keep notes so that the consultation record 

20 documents the content of consultation meetings, site visits, 

21 and phone calls in addition to information about dates and 

22 who participated. 

23 (b) PAYMENT FOR TRIBAL DOCUMENTATION WORK.— 

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1 dition of individual sites, to conduct a survey, or in any 

2 way fulfill the duties of the agency in a role similar to that 

3 of a consultant or contractor, then the agency must pay 

4 for such services, if so requested by the Indian Tribe, as 

5 it would for any private consultant or contractor. An In6 dian Tribe may select a contractor to perform such work 

7 on its behalf, to be paid for by the agency. 

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

9 biennial basis submit to Congress a report on its consulta10 tion activities. 

11 SEC. 206. IMPLEMENTATION. 

12 Not later than 30 days after the date of the enactment 

13 of this Act, the head of each agency shall designate an offi14 cial with principal responsibility for the agency’s review 

15 of existing consultation and coordination policies and pro16 cedures, and implementation of this Act. Not later than 60 

17 days after the effective date of this order, the designated offi18 cial shall submit to the Office of Management and Budget 

19 a description of the agency’s revised consultation process 

20 in conformity with this Act. 

21 SEC. 207. SENSITIVE TRIBAL INFORMATION. 

22 (a) CLOSED MEETINGS.—Notwithstanding any provi23 sion of the Administrative Procedures Act, consultation 

24 meetings shall be closed to the public at the request of the 

25 Indian Tribal Government. 


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1 (b) SENSITIVE INFORMATION.—Notwithstanding any 

2 provision of section 552 of title 5, United States Code (com3 monly known as the Freedom of Information Act), the Ad4 ministrative Procedures Act, or any other applicable laws 

5 or regulations, all information designated by the Indian 

6 Tribe as sensitive, such as the location of sacred sites or 

7 other details of cultural or religious practices, shall be de8 leted from any public publication made as part of the con9 sultation process or in the process of carrying out the activ10 ity. 

11 (c) LIMITED INFORMATION ACCESS.—The agency, in 

12 consultation with the Indian Tribe or such Tribe’s designee, 

13 shall determine who may have access to the information for 

14 the purposes of carrying out the mineral activity. 

15 (d) INDIVIDUAL ALLOTMENTS.—Instances where sa16 cred sites are located on individual allotments or public do17 main allotments shall be addressed on a case-by-case basis 

18 and shall involve the allottees. 

19 (e) SACRED SITES.—The location and uses of a sacred 

20 site shall be protected in accordance with this provision and 

21 section 111. 


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1 TITLE III—ENVIRONMENTAL 

2 CONSIDERATIONS OF MIN3 ERAL EXPLORATION AND DE4 VELOPMENT 

5 SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON 

6 FEDERAL LAND. 

7 Notwithstanding section 302(b) of the Federal Land 

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

9 the first section of the Act of June 4, 1897 (chapter 2; 30 

10 Stat. 36; 16 U.S.C. 478), and the National Forest Manage11 ment Act of 1976 (16 U.S.C. 1600 et seq.), and in accord12 ance with this title and applicable law, unless expressly 

13 stated otherwise in this Act, the Secretary shall ensure that 

14 mineral activities on any Federal land that is subject to 

15 a mining claim, millsite claim, tunnel site claim, or any 

16 authorization issued under title I of this Act are carefully 

17 controlled to prevent undue degradation of public lands and 

18 resources. 

19 SEC. 302. PERMITS. 

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

21 mineral activities on Federal land that may cause a dis22 turbance of surface resources, including land, air, ground 

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

24 permit was issued to such person under this title author25 izing such activities. 


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1 (b) NEGLIGIBLE DISTURBANCE.—Notwithstanding 

2 subsection (a), a permit under this title shall not be re3 quired for mineral activities that are a casual use of the 

4 Federal land. 

5 (c) COORDINATION WITH NATIONAL ENVIRONMENTAL

6 POLICY ACT PROCESS.—The Secretary and the Secretary 

7 of Agriculture shall conduct the permit processes under this 

8 Act in accordance with the timing and other requirements 

9 under section 102 of the National Environmental Policy 

10 Act of 1969 (42 U.S.C. 4332). To the extent practicable, 

11 the Secretary and Secretary of Agriculture shall coordinate 

12 the permit process. 

13 SEC. 303. EXPLORATION PERMIT. 

14 (a) AUTHORIZED EXPLORATION ACTIVITY.—Any ap15 plicant may apply for an exploration permit for any min16 ing claim, license, or lease authorizing the applicant to re17 move a reasonable amount of the hardrock minerals, as de18 fined in the license or lease or established in such regula19 tions as the Secretary shall promulgate, from the area that 

20 is subject to the claim, license, or lease, respectively, for 

21 analysis, study, and testing. Such permit shall not author22 ize the applicant to remove any mineral for sale nor to con23 duct any activities other than those required for exploration 

24 for hardrock minerals and reclamation. 


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1 (b) PERMIT APPLICATION REQUIREMENTS.—An appli2 cation for an exploration permit under this section shall 

3 be submitted in a manner satisfactory to the Secretary con4 cerned, and shall contain an exploration plan, a reclama5 tion plan for the proposed exploration, and such docu6 mentation as necessary to ensure compliance with applica7 ble Federal and State environmental laws and regulations. 

8 (c) RECLAMATION PLAN REQUIREMENTS.—The rec9 lamation plan required to be included in a permit applica10 tion under subsection (b) shall include such provisions as 

11 may be jointly prescribed by the Secretary and the Sec12 retary of Agriculture by regulations. Such regulations shall, 

13 at a minimum, require the following: 

14 (1) The applicant has demonstrated that pro15 posed reclamation can be accomplished. 

16 (2) The proposed exploration activities and con17 dition of the land after the completion of exploration 

18 activities and final reclamation will conform with the 

19 land use plan applicable to the area subject to min20 eral activities. 

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

22 not included within an area listed in section 111. 

23 (4) The applicant has demonstrated that the ex24 ploration plan and reclamation plan will be in com25 pliance with the requirements of this Act and all 


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1 other applicable Federal requirements, and any State 

2 requirements agreed to by the Secretary concerned. 

3 (5) The applicant has demonstrated that the re4 quirements of section 306 will be met. 

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

6 under section 305. 

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

8 be for a stated term. The term shall be no greater than that 

9 necessary to accomplish the proposed exploration, and in 

10 no case for more than 10 years. 

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

12 exploration permit the permit holder may submit an appli13 cation to modify the permit. To approve a proposed modi14 fication to the permit, the Secretary concerned shall make 

15 the same determinations as are required in the case of an 

16 original permit, except that the Secretary and the Secretary 

17 of Agriculture may specify by joint rule the extent to which 

18 requirements for initial exploration permits under this sec19 tion shall apply to applications to modify an exploration 

20 permit based on whether such modifications are deemed sig21 nificant or minor. 

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

23 (1) PRIOR WRITTEN APPROVAL.—No transfer, as24 signment, or sale of rights granted by a permit issued 


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1 under this section shall be made without the prior 

2 written approval of the Secretary concerned. 

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

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

5 rights under the permit to a successor, if the Sec6 retary finds in writing that the successor— 

7 (A) is eligible to receive a permit under sec8 tion 304; 

9 (B) has submitted evidence of financial as10 surance satisfactory under section 306; and 

11 (C) meets any other requirements specified 

12 by the Secretary. 

13 (3) ASSUMED LIABILITY.—The successor in in14 terest shall assume the liability and reclamation re15 sponsibilities established by the existing permit and 

16 shall conduct the mineral activities in full compliance 

17 with this Act, and the terms and conditions of the 

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

19 or sale. 

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

21 permit transfer, assignment, or sale pursuant to this 

22 subsection shall be accompanied by a fee payable to 

23 the Secretary of the Interior in such amount as may 

24 be established by such Secretary. Such amount shall 

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1 retary or the Secretary of Agriculture, as appropriate, 

2 of reviewing and approving or disapproving such 

3 transfer, assignment, or sale, as determined by the 

4 Secretary of the Interior. 

5 SEC. 304. OPERATIONS PERMIT. 

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

7 in compliance with all provisions of this Act may apply 

8 to the Secretary concerned for an operations permit author9 izing the applicant to carry out mineral activities, other 

10 than casual use, on— 

11 (A) any valid mining claim, valid millsite 

12 claim, valid tunnel site claim, or lease issued under 

13 this Act; and 

14 (B) such additional Federal land as the Sec15 retary may determine is necessary to conduct the pro16 posed mineral activities, if the operator obtains a 

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

18 under title V of the Federal Land Policy and Manage19 ment Act of 1976 (43 U.S.C. 1761 et seq.) and agrees 

20 to pay all fees required under that title for the permit 

21 under that title. 

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

23 permit shall include such terms and conditions as pre24 scribed by such Secretary to carry out this title. 


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1 (b) PERMIT APPLICATION REQUIREMENTS.—An appli2 cation for an operations permit under this section shall be 

3 submitted in a manner satisfactory to the Secretary con4 cerned and shall contain site characterization data, an op5 erations plan, a reclamation plan, monitoring plans, long6 term maintenance plans, to the extent necessary, and such 

7 documentation as necessary to ensure compliance with ap8 plicable Federal and State environmental laws and regula9 tions. If the proposed mineral activities will be carried out 

10 in conjunction with mineral activities on adjacent non-Fed11 eral lands, information on the location and nature of such 

12 operations may be required by the Secretary. 

13 (c) PERMIT ISSUANCE OR DENIAL.—(1) After pro14 viding for public participation pursuant to subsection (i), 

15 the Secretary concerned shall issue an operations permit 

16 if such Secretary makes each of the following determina17 tions in writing, and shall deny a permit if such Secretary 

18 finds that the application and applicant do not fully meet 

19 the following requirements: 

20 (A) The permit application, including the site 

21 characterization data, operations plan, and reclama22 tion plan, are complete and accurate and sufficient 

23 for developing a good understanding of the antici24 pated impacts of the mineral activities and the effec25 tiveness of proposed mitigation and control. 


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1 (B) The applicant has demonstrated that the 

2 proposed reclamation in the operation and reclama3 tion plan can be and is likely to be accomplished by 

4 the applicant and will not cause undue degradation. 

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

6 and wildlife resources and habitat contained thereon, 

7 will be restored after the completion of mineral activi8 ties. 

9 (D) The area subject to the proposed plan is not 

10 listed in section 111 or otherwise ineligible for min11 eral activities. 

12 (E) The proposed operation has been designed to 

13 prevent material damage to the hydrologic balance 

14 outside the permit area. 

15 (F) The applicant will fully comply with the re16 quirements of section 306 prior to the initiation of 

17 operations. 

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

19 subsidiary, affiliate, or person controlled by or under 

20 common control with the applicant or operator, is in21 eligible to receive a permit under section 305. 

22 (H) The reclamation plan demonstrates that 10 

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1 quired to meet water quality standards at the point 

2 of discharge. 

3 (2) With respect to any activities specified in the rec4 lamation plan referred to in subsection (b) that constitute 

5 a removal or remedial action under section 101 of the Com6 prehensive Environmental Response, Compensation, and 

7 Liability Act of 1980 (42 U.S.C. 9601), the Secretary shall 

8 consult with the Administrator of the Environmental Pro9 tection Agency prior to the issuance of an operations per10 mit. The Administrator of the Environmental Protection 

11 Agency shall ensure that the reclamation plan does not re12 quire activities that would increase the costs or likelihood 

13 of removal or remedial actions under the Comprehensive 

14 Environmental Response, Compensation, and Liability Act 

15 of 1980 (42 U.S.C. 9601 et seq.) or corrective actions under 

16 the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 

17 (d) TERM OF PERMIT; RENEWAL.— 

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

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

20 than the shorter of— 

21 (i) the period necessary to accomplish 

22 the proposed mineral activities subject to 

23 the permit; and 

24 (ii) the length of time remaining on 

25 the applicant’s hardrock mining lease; 


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

2 year period if the operation is in compliance 

3 with the requirements of this Act and other ap4 plicable law; and 

5 (C) shall expire 5 years following the com6 mencement of a temporary cessation unless, 

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

8 operator has filed with the Secretary a request 

9 for approval to resume operations. 

10 (2) FAILURE TO COMMENCE MINERAL ACTIVI11 TIES.—Failure by the operator to commence mineral 

12 activities within 2 years of the date scheduled in an 

13 operations permit shall require a modification of the 

14 permit if the Secretary concerned determines that 

15 modifications are necessary to comply with section 

16 111. 

17 (e) PERMIT MODIFICATION.— 

18 (1) APPLICATION.—During the term of an oper19 ations permit the operator may submit an applica20 tion to modify the permit (including the operations 

21 plan or reclamation plan). 

22 (2) MODIFICATION BY THE SECRETARY CON23 CERNED.—The Secretary concerned may, at any time, 

24 require reasonable modification to any operations 

25 plan or reclamation plan upon a determination that 


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1 the requirements of this Act cannot be met if the plan 

2 is followed as approved. Such determination shall be 

3 based on a written finding and subject to public no4 tice and hearing requirements established by the Sec5 retary concerned. 

6 (3) UNANTICIPATED EVENTS OR CONDITIONS.—A 

7 permit modification is required before changes are 

8 made to the approved plan of operations, or if unan9 ticipated events or conditions exist on the mine site, 

10 including in the case of— 

11 (A) development of acid or toxic drainage; 

12 (B) loss of springs or water supplies; 

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

14 resulting water impacts that are significantly 

15 different than those predicted in the application; 

16 (D) the need for long-term water treatment; 

17 (E) significant reclamation difficulties or 

18 reclamation failure; 

19 (F) the discovery of significant scientific or 

20 biological resources that were not addressed in 

21 the original plan; 

22 (G) the discovery of a properties eligible for 

23 listing on the National Register of Historic 

24 Places; or 


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1 (H) the discovery of hazards to public safe2 ty. 

3 (f) TEMPORARY CESSATION OF OPERATIONS.— 

4 (1) SECRETARIAL APPROVAL REQUIRED.—An op5 erator conducting mineral activities under an oper6 ations permit in effect under this title may not tem7 porarily cease mineral activities for a period greater 

8 than 180 days unless the Secretary concerned has ap9 proved such temporary cessation or unless the tem10 porary cessation is permitted under the original per11 mit. 

12 (2) PREVIOUSLY ISSUED OPERATIONS PER13 MITS.—Any operator temporarily ceasing mineral ac14 tivities for a period greater than 90 days under an 

15 operations permit issued before the date of the enact16 ment of this Act shall submit, before the expiration of 

17 such 90-day period, a complete application for tem18 porary cessation of operations to the Secretary con19 cerned for approval unless the temporary cessation is 

20 permitted under the original permit. 

21 (3) REQUIRED INFORMATION.—An application 

22 for approval of temporary cessation of operations 

23 shall include such information required under sub24 section (b) and any other provisions prescribed by the 

25 Secretary concerned to minimize impacts on human 


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1 health, the environment, or properties eligible for list2 ing on the National Register of Historic Places. After 

3 receipt of a complete application for temporary ces4 sation of operations such Secretary shall conduct an 

5 inspection of the area for which temporary cessation 

6 of operations has been requested. 

7 (4) CONDITIONS FOR APPROVAL.—To approve an 

8 application for temporary cessation of operations, the 

9 Secretary concerned shall make each of the following 

10 determinations: 

11 (A) A determination that the methods for 

12 securing surface facilities and restricting access 

13 to the permit area, or relevant portions thereof, 

14 will effectively protect against hazards to the 

15 health and safety of the public and fish and 

16 wildlife or damage to properties eligible for list17 ing on the National Register of Historic Places. 

18 (B) A determination that reclamation is in 

19 compliance with the approved reclamation plan, 

20 except in those areas specifically designated in 

21 the application for temporary cessation of oper22 ations for which a delay in meeting such stand23 ards is necessary to facilitate the resumption of 

24 operations. 


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1 (C) A determination that the amount of fi2 nancial assurance filed with the permit applica3 tion is sufficient to assure completion of the rec4 lamation activities identified in the approved 

5 reclamation plan in the event of forfeiture. 

6 (D) A determination that any outstanding 

7 notices of violation and cessation orders incurred 

8 in connection with the plan for which temporary 

9 cessation is being requested are either stayed 

10 pursuant to an administrative or judicial appeal 

11 proceeding or are in the process of being abated 

12 to the satisfaction of the Secretary concerned. 

13 (g) PERMIT REVIEWS.—The Secretary concerned shall 

14 review each permit issued under this section every 10 years 

15 during the term of such permit, and before approving the 

16 resumption of operations under subsection (f), such Sec17 retary shall require the operator to take such actions as the 

18 Secretary deems necessary to assure that mineral activities 

19 conform to the permit, including adjustment of financial 

20 assurance requirements. 

21 (h) TRANSFER, ASSIGNMENT, OR SALE OF RIGHTS.— 

22 (1) WRITTEN APPROVAL.—No transfer, assign23 ment, or sale of rights granted by a permit under this 

24 section shall be made without the prior written ap25 proval of the Secretary concerned. 


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1 (2) CONDITIONS OF APPROVAL.—The Secretary 

2 concerned may allow a person holding a permit to 

3 transfer, assign, or sell rights under the permit to a 

4 successor, if such Secretary finds, in writing, that the 

5 successor— 

6 (A) has submitted all required information 

7 and is eligible to receive a permit in accordance 

8 with section 305; 

9 (B) has submitted evidence of financial as10 surance satisfactory under section 306; and 

11 (C) meets any other requirements specified 

12 by such Secretary. 

13 (3) ASSUMED LIABILITY.—The successor in in14 terest shall assume the liability and reclamation re15 sponsibilities established by the existing permit and 

16 shall conduct the mineral activities in full compliance 

17 with this Act, and the terms and conditions of the 

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

19 or sale. 

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

21 permit transfer, assignment, or sale pursuant to this 

22 subsection shall be accompanied by a fee payable to 

23 the Secretary concerned in such amount as may be es24 tablished by such Secretary. Such amount shall be 

25 equal to the actual or anticipated cost of reviewing 


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1 and approving or disapproving such transfer, assign2 ment, or sale, as determined by such Secretary. 

3 (i) PUBLIC PARTICIPATION.—The Secretary of the In4 terior and the Secretary of Agriculture shall jointly promul5 gate regulations to ensure transparency and public partici6 pation in permit decisions required under this Act, con7 sistent with any requirements that apply to such decisions 

8 under section 102 of the National Environmental Policy 

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

10 SEC. 305. PERSONS INELIGIBLE FOR PERMITS. 

11 (a) CURRENT VIOLATIONS.—Unless corrective action 

12 has been taken in accordance with subsection (c), no permit 

13 under this title shall be issued or transferred to an appli14 cant if the applicant or any agent of the applicant, the op15 erator (if different than the applicant), any claim, license, 

16 or lease holder (if different than the applicant) of the claim, 

17 license, or lease concerned, or any affiliate or officer or di18 rector of the applicant is currently in violation of any of 

19 the following: 

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

21 under this Act. 

22 (2) An applicable State or Federal toxic sub23 stance, solid waste, air, water quality, or fish and 

24 wildlife conservation law or regulation at any site 


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1 where mining, beneficiation, or processing activities 

2 are occurring or have occurred. 

3 (3) The Surface Mining Control and Reclama4 tion Act of 1977 (30 U.S.C. 1201 et seq.) or any regu5 lation implementing that Act at any site where sur6 face coal mining operations have occurred or are oc7 curring. 

8 (b) SUSPENSION.—The Secretary concerned shall sus9 pend an operations permit, in whole or in part, if such 

10 Secretary determines that any of the entities described in 

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

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

13 (c) CORRECTION.— 

14 (1) REINSTATEMENT.—The Secretary concerned 

15 may issue or reinstate a permit under this title if the 

16 applicant submits proof that the violation referred to 

17 in subsection (a) or (b) has been corrected or is in the 

18 process of being corrected to the satisfaction of such 

19 Secretary and the regulatory authority involved or if 

20 the applicant submits proof that the violator has filed 

21 and is presently pursuing, a direct administrative or 

22 judicial appeal to contest the existence of the viola23 tion. For purposes of this section, an appeal of any 

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1 stitute a direct administrative or judicial appeal to 

2 contest the existence of the violation. 

3 (2) CONDITIONAL APPROVAL.—Any permit which 

4 is issued or reinstated based upon proof submitted 

5 under this subsection shall be conditionally approved 

6 or conditionally reinstated, as the case may be. If the 

7 violation is not successfully abated or the violation is 

8 upheld on appeal, the permit shall be suspended or re9 voked. 

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

11 may be issued under this Act to any applicant if there is 

12 a demonstrated pattern of willful violations of the environ13 mental protection requirements of this Act by the applicant, 

14 any affiliate of the applicant, or the operator or claim, li15 cense, or lease holder if different than the applicant. 

16 SEC. 306. FINANCIAL ASSURANCE. 

17 (a) FINANCIAL ASSURANCE REQUIRED.— 

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

19 issued under this title and before any exploration or 

20 operations begin under the permit, the operator shall 

21 file with the Secretary concerned evidence of financial 

22 assurance payable to the United States. The financial 

23 assurance shall be provided in the form of a surety 

24 bond, letters of credit, certificates of deposit, or cash. 


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1 (2) COVERED ACTIVITIES.—The financial assur2 ance shall cover all lands within the initial permit 

3 area and all affected waters that may require restora4 tion, treatment, or other management as a result of 

5 mineral activities, and shall be extended to cover all 

6 lands and waters added pursuant to any permit 

7 modification made under section 303(e) or section 

8 304(e), or affected by mineral activities. 

9 (b) AMOUNT.—The amount of the financial assurance 

10 required under this section shall be sufficient to assure the 

11 completion of reclamation and restoration satisfying the re12 quirements of this Act if the work were to be performed by 

13 the Secretary concerned in the event of forfeiture, including 

14 the construction and maintenance costs for any treatment 

15 facilities necessary to meet Federal and State environ16 mental requirements. The calculation of such amount shall 

17 take into account the maximum level of financial exposure 

18 which shall arise during the mineral activity and adminis19 trative costs associated with a government agency reclaim20 ing the site. 

21 (c) DURATION.—The financial assurance required 

22 under this section shall be held for the duration of the min23 eral activities and for an additional period to cover the op24 erator’s responsibility for reclamation, restoration, and 


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1 long-term maintenance, and effluent treatment as specified 

2 in subsection (g). 

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

5 may be adjusted by the Secretary concerned from time to 

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

8 change, or pursuant to section 304(f), but the financial as9 surance shall otherwise be in compliance with this section. 

10 The Secretary concerned shall review the financial guar11 antee every 3 years and as part of the permit application 

12 review under section 304(g). 

13 (e) RELEASE.—Upon request, and after notice and op14 portunity for public comment, and after inspection by the 

15 Secretary concerned, such Secretary may, after consultation 

16 with the Administrator of the Environmental Protection 

17 Agency, release in whole or in part the financial assurance 

18 required under this section if the Secretary makes both of 

19 the following determinations: 

20 (1) A determination that reclamation or restora21 tion covered by the financial assurance has been ac22 complished as required by this Act. 

23 (2) A determination that the terms and condi24 tions of any other applicable Federal requirements, 

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1 erative agreements under section 308, have been ful2 filled. 

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

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

5 (1) After the operator has completed any re6 quired backfilling, regrading, and drainage control of 

7 an area subject to mineral activities and covered by 

8 the financial assurance, and has commenced revegeta9 tion on the regraded areas subject to mineral activi10 ties in accordance with the approved plan, that por11 tion of the total financial assurance secured for the 

12 area subject to mineral activities attributable to the 

13 completed activities may be released except that suffi14 cient assurance must be retained to address other re15 quired reclamation and restoration needs and to as16 sure the long-term success of the revegetation. 

17 (2) After the operator has completed successfully 

18 all remaining mineral activities and reclamation ac19 tivities and all requirements of the operations plan 

20 and the reclamation plan, and all other requirements 

21 of this Act have been fully met, the remaining portion 

22 of the financial assurance may be released. 

23 During the period following release of the financial assur24 ance as specified in paragraph (1), until the remaining 

25 portion of the financial assurance is released as provided 


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

2 with the permit issued under this title. 

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

4 where any discharge or other water-related condition result5 ing from the mineral activities requires treatment in order 

6 to meet the applicable effluent limitations and water qual7 ity standards, the financial assurance shall include the esti8 mated cost of maintaining such treatment for the projected 

9 period that will be needed after the cessation of mineral ac10 tivities. The portion of the financial assurance attributable 

11 to such estimated cost of treatment shall not be released 

12 until the discharge has ceased for a period of 5 years, as 

13 determined by ongoing monitoring and testing, or, if the 

14 discharge continues, until the operator has met all applica15 ble effluent limitations and water quality standards for 5 

16 full years without treatment. 

17 (h) ENVIRONMENTAL HAZARDS.—If the Secretary con18 cerned determines, after final release of financial assurance, 

19 that an environmental hazard resulting from the mineral 

20 activities exists, or the terms and conditions of the explo21 rations or operations permit of this Act were not fulfilled 

22 in fact at the time of release, such Secretary shall issue an 

23 order under section 507 requiring the claim holder or oper24 ator (or any person who controls the claim holder or oper25 ator) to correct the condition such that applicable laws and 


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1 regulations and any conditions from the plan of operations 

2 are met. 

3 SEC. 307. OPERATION AND RECLAMATION. 

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

5 lands subject to mineral activities carried out under a per6 mit issued under this title to a condition capable of sup7 porting— 

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

9 supporting prior to surface disturbance by the oper10 ator; or 

11 (B) other beneficial uses which conform to appli12 cable land use plans as determined by the Secretary 

13 concerned. 

14 (2) Reclamation shall proceed as contemporaneously 

15 as practicable with the conduct of mineral activities. In the 

16 case of a cessation of mineral activities beyond that pro17 vided for as a temporary cessation under this Act, reclama18 tion activities shall begin immediately. 

19 (b) OPERATION AND RECLAMATION STANDARDS.—The 

20 Secretary of the Interior and the Secretary of Agriculture 

21 shall jointly promulgate regulations that establish operation 

22 and reclamation standards for mineral activities permitted 

23 under this Act. The Secretaries may determine whether out24 come-based performance standards or technology-based deVerDate Sep 11 2014 23:28 Aug 04, 2020 Jkt 099200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6203 E:\BILLS\H2579.RH H2579

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1 sign standards are most appropriate. The regulations shall 

2 address the following: 

3 (1) Segregation, protection, and replacement of 

4 topsoil or other suitable growth medium, and the pre5 vention, where possible, of soil contamination. 

6 (2) Maintenance of the stability of all surface 

7 areas. 

8 (3) Control of sediments to prevent erosion and 

9 manage drainage. 

10 (4) Minimization of the formation and migra11 tion of acidic, alkaline, metal-bearing, or other delete12 rious leachate. 

13 (5) Reduction of the visual impact of mineral 

14 activities to the surrounding topography, including as 

15 necessary pit backfill. 

16 (6) Establishment of a diverse, effective, and per17 manent vegetative cover of the same seasonal variety 

18 native to the area affected by mineral activities, and 

19 equal in extent of cover to the natural vegetation of 

20 the area. 

21 (7) Design and maintenance of leach operations, 

22 impoundments, and excess waste according to stand23 ard engineering standards to achieve and maintain 

24 stability and reclamation of the site. 


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1 (8) Removal of structures and roads and sealing 

2 of drill holes. 

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

4 wildlife habitat disturbed by mineral activities. 

5 (10) Preservation of cultural, paleontological, 

6 and cave resources. 

7 (11) Prevention and suppression of fire within 

8 the leased area. 

9 (c) SURFACE OR GROUND WATER WITHDRAWALS.— 

10 The Secretary concerned shall work with State and local 

11 governments with authority over the allocation and use of 

12 surface and ground water in the area around the mine site 

13 as necessary to ensure that any surface or ground water 

14 withdrawals made as a result of mining activities approved 

15 under this section do not cause undue degradation. 

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

17 mining claim, license, or lease that has been forfeited, relin18 quished, or lapsed, or a plan that has expired or been re19 voked or suspended, shall continue subject to review and ap20 proval by the Secretary concerned. 

21 SEC. 308. STATE LAW AND REGULATION. 

22 (a) STATE LAW.— 

23 (1) RECLAMATION, LAND USE, ENVIRONMENTAL, 

24 AND PUBLIC HEALTH STANDARDS.—Any reclamation, 

25 land use, environmental, or public health protection 


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1 standard or requirement in State law or regulation 

2 that meets or exceeds the requirements of this Act 

3 shall not be construed to be inconsistent with any 

4 such standard. 

5 (2) BONDING REQUIREMENTS.—Any bonding 

6 standard or requirement in State law or regulation 

7 that meets or exceeds the requirements of this Act 

8 shall not be construed to be inconsistent with such re9 quirements. 

10 (3) INSPECTION STANDARDS.—Any inspection 

11 standard or requirement in State law or regulation 

12 that meets or exceeds the requirements of this Act 

13 shall not be construed to be inconsistent with such re14 quirements. 

15 (b) APPLICABILITY OF OTHER STATE REQUIRE16 MENTS.— 

17 (1) ENVIRONMENTAL STANDARDS.—Nothing in 

18 this Act shall be construed as affecting any toxic sub19 stance, solid waste, or air or water quality, standard 

20 or requirement of any State, county, local, or Tribal 

21 law or regulation, which may be applicable to min22 eral activities on lands subject to this Act. 

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

24 shall be construed as affecting in any way the right 

25 of any person to enforce or protect, under applicable 


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1 law, such person’s interest in water resources affected 

2 by mineral activities on lands subject to this Act. 

3 (c) COOPERATIVE AGREEMENTS.— 

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

5 cooperative agreement with the Secretary concerned 

6 for the purposes of such Secretary applying such 

7 standards and requirements referred to in subsection 

8 (a) and subsection (b) to mineral activities or rec9 lamation on lands subject to this Act. 

10 (2) COMMON REGULATORY FRAMEWORK.—In 

11 such instances where the proposed mineral activities 

12 would affect lands not subject to this Act in addition 

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

14 plan of operations the Secretary concerned shall enter 

15 into a cooperative agreement with the State that sets 

16 forth a common regulatory framework consistent with 

17 the requirements of this Act for the purposes of such 

18 plan of operations. Any such common regulatory 

19 framework shall not negate the authority of the Fed20 eral Government to independently inspect mines and 

21 operations and bring enforcement actions for viola22 tions. 

23 (3) NOTICE AND PUBLIC COMMENT.—The Sec24 retary concerned shall not enter into a cooperative 

25 agreement with any State under this section until 


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1 after notice in the Federal Register and opportunity 

2 for public comment and hearing. 

3 (d) PRIOR AGREEMENTS.—Any cooperative agreement 

4 or such other understanding between the Secretary con5 cerned and any State, or political subdivision thereof, relat6 ing to the management of mineral activities on lands sub7 ject to this Act that was in existence on the date of enact8 ment of this Act may only continue in force until 1 year 

9 after the date of enactment of this Act. During such 1-year 

10 period, the State and the Secretary shall review the terms 

11 of the agreement and make changes that are necessary to 

12 be consistent with this Act. 

13 TITLE IV—ABANDONED 

14 HARDROCK MINE RECLAMATION 

15 SEC. 401. ESTABLISHMENT OF FUND. 

16 (a) ESTABLISHMENT.—There is established in the De17 partment of the Treasury a separate account to be known 

18 as the Hardrock Minerals Reclamation Fund. 

19 (b) INVESTMENT.—The Secretary shall notify the Sec20 retary of the Treasury as to what portion of the Fund is 

21 not, in the Secretary’s judgment, required to meet current 

22 withdrawals. The Secretary of the Treasury shall invest 

23 such portion of the Fund in public debt securities with ma24 turities suitable for the needs of such Fund and bearing in25 terest at rates determined by the Secretary of the Treasury, 


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1 taking into consideration current market yields on out2 standing marketplace obligations of the United States of 

3 comparable maturities. 

4 (c) ADMINISTRATION.—In addition to other uses au5 thorized by this title, the Secretary may use amounts in 

6 the Fund as necessary for the administrative expenses of 

7 the United States, Indian Tribes, and the States to imple8 ment this title. 

9 SEC. 402. CONTENTS OF FUND. 

10 (a) IN GENERAL.—The following amounts shall be 

11 credited to the Fund: 

12 (1) All moneys collected pursuant to section 502 

13 and section 506. 

14 (2) All fees received under section 304(a)(1)(B). 

15 (3) All donations by persons, corporations, asso16 ciations, and foundations for the purposes of this 

17 title. 

18 (4) All amounts deposited in the Fund under 

19 title I. 

20 (5) All income on investments under section 

21 401(b). 

22 (6) All amounts deposited in the Fund under 

23 section 403. 

24 (b) DONATIONS.—The Secretary may accept for the 

25 Government a gift of money to be deposited into the Fund. 


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1 The Secretary may reject a gift to the Fund if such rejection 

2 is in the interest of the Government. 

3 SEC. 403. DISPLACED MATERIAL RECLAMATION FEE. 

4 (a) IMPOSITION OF FEE.—Except as provided in sub5 section (g), each operator conducting hardrock mineral ac6 tivities shall pay to the Secretary, for deposit in the 

7 Hardrock Minerals Fund established by section 401, a dis8 placed material reclamation fee of 7 cents per ton of dis9 placed material. 

10 (b) PAYMENT DEADLINE.—Such reclamation fee shall 

11 be paid not later than 60 days after the end of each calendar 

12 year beginning with the first calendar year occurring after 

13 the date of enactment of this Act. 

14 (c) SUBMISSION OF STATEMENT.—Together with such 

15 reclamation fee, all operators conducting hardrock mineral 

16 activities shall submit to the Secretary a statement of the 

17 amount of displaced material produced during mineral ac18 tivities during the previous calendar year, the accuracy of 

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

20 (d) PENALTY.—Any corporate officer, agent, or direc21 tor of a person conducting hardrock mineral activities, and 

22 any other person acting on behalf of such a person, who 

23 knowingly makes any false statement, representation, or 

24 certification, or knowingly fails to make any statement, 

25 representation, or certification, required under this section 


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

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

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

4 such reclamation fee not properly or promptly paid pursu5 ant to this section shall be recoverable, with statutory inter6 est, from the hardrock mineral activities operator, in any 

7 court of competent jurisdiction in any action at law to com8 pel payment of debts. 

9 (f) EFFECT.—Nothing in this section requires a reduc10 tion in, or otherwise affects, any similar fee required under 

11 any law (including regulations) of any State. 

12 (g) EXEMPTION.—The fee under this section shall not 

13 apply for small miners. 

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

15 (a) AUTHORIZED USES.— 

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

17 appropriations, use moneys in the Fund for the rec18 lamation and restoration of land and water resources 

19 adversely affected by past hardrock mineral activities 

20 and related activities on lands described in section 

21 405, including any of the following: 

22 (A) Protecting public health and safety. 

23 (B) Preventing, abating, treating, and con24 trolling water pollution created by abandoned 


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1 mine drainage, including in river watershed 

2 areas. 

3 (C) Reclaiming and restoring abandoned 

4 surface and underground mined areas. 

5 (D) Reclaiming and restoring abandoned 

6 milling and processing areas. 

7 (E) Backfilling, sealing, or otherwise con8 trolling abandoned underground mine entries. 

9 (F) Revegetating land adversely affected by 

10 past mineral activities in order to prevent ero11 sion and sedimentation, to enhance wildlife habi12 tat, and for any other reclamation purpose. 

13 (G) Controlling surface subsidence due to 

14 abandoned underground mines. 

15 (H) Enhancing fish and wildlife habitat. 

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

17 may— 

18 (A) be expended by the Secretary for the 

19 purposes described in paragraph (1); 

20 (B) be transferred by the Secretary to the 

21 Director of the Bureau of Land Management, the 

22 Chief of the Forest Service, the Director of the 

23 National Park Service, the Director of the 

24 United States Fish and Wildlife Service, the 

25 head of any other Federal agency, or any public 


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1 entity that volunteers to develop and implement, 

2 and that has the ability to carry out, all or a 

3 significant portion of a reclamation program 

4 under this title; or 

5 (C) be transferred by the Secretary to an 

6 Indian Tribe or a State to carry out a reclama7 tion program under this title that meets the pur8 poses described in paragraph (1). 

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

10 Fund— 

11 (1) 25 percent shall be allocated for expenditure 

12 by the Secretary in States or on Tribal lands within 

13 the boundaries of which occurs production of hardrock 

14 minerals or mineral concentrates or products derived 

15 from hardrock minerals, based on a formula reflecting 

16 existing production in each such State or on the land 

17 of the Indian Tribe; 

18 (2) 25 percent shall be allocated for expenditure 

19 by the Secretary in States or on Tribal lands based 

20 on a formula reflecting the quantity of hardrock min21 erals, or mineral concentrates or products derived 

22 from hardrock minerals, historically produced in each 

23 such State or from the land of the Indian Tribe before 

24 the date of enactment of this Act; and 


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1 (3) 50 percent shall be allocated for expenditure 

2 by the Secretary to address high-priority needs ac3 cording to the priorities in subsection (c). 

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

5 Fund shall reflect the following priorities in the order stat6 ed: 

7 (1) The protection of public health and safety 

8 from extreme danger from the adverse effects of past 

9 mineral activities, especially as relates to surface 

10 water and ground water contaminants. 

11 (2) The protection of public health and safety 

12 from the adverse effects of past mineral activities. 

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

14 wildlife resources previously degraded by the adverse 

15 effects of past mineral activities, which may include 

16 restoration activities in river watershed areas. 

17 (d) HABITAT.—Reclamation and restoration activities 

18 under this title shall include appropriate mitigation meas19 ures to provide for the continuation of any established habi20 tat for wildlife in existence before the commencement of such 

21 activities. 

22 (e) RESPONSE OR REMOVAL ACTIONS.—Reclamation 

23 and restoration activities under this title that constitute a 

24 removal or remedial action under section 101 of the Com25 prehensive Environmental Response, Compensation, and 


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1 Liability Act of 1980 (42 U.S.C. 9601) shall be conducted 

2 with the concurrence of the Administrator of the Environ3 mental Protection Agency. The Secretary and the Adminis4 trator shall enter into a memorandum of understanding to 

5 establish procedures for consultation, concurrence, training, 

6 exchange of technical expertise, and joint activities under 

7 the appropriate circumstances, that provide assurances that 

8 reclamation or restoration activities under this title shall 

9 not be conducted in a manner that increases the costs or 

10 likelihood of removal or remedial actions under the Com11 prehensive Environmental Response, Compensation, and 

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

13 avoid oversight by multiple agencies to the maximum extent 

14 practicable. 

15 SEC. 405. ELIGIBLE LANDS AND WATERS. 

16 (a) ELIGIBILITY.—Reclamation expenditures under 

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

18 Indian, local, and private lands that have been affected by 

19 past mineral activities, and water resources that traverse 

20 or are contiguous to such lands, including any of the fol21 lowing: 

22 (1) Lands and water resources that were used 

23 for, or affected by, mineral activities and abandoned 

24 or left in an inadequate reclamation status before the 

25 effective date of this Act. 


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1 (2) Lands for which the Secretary makes a deter2 mination that there is no continuing reclamation re3 sponsibility of a claim holder, operator, or other per4 son who abandoned the site prior to completion of re5 quired reclamation under State or other Federal laws. 

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

7 maintain a publicly available inventory of abandoned 

8 hardrock minerals mines on public lands and any aban9 doned mine on Indian lands that may be eligible for ex10 penditures under this title, and shall submit an annual re11 port to the Congress on the progress in cleanup of such sites. 

12 SEC. 406. AUTHORIZATION OF APPROPRIATIONS. 

13 Amounts credited to the Fund are authorized to be ap14 propriated for the purpose of this title without fiscal year 

15 limitation. 

16 TITLE V—ADDITIONAL 

17 PROVISIONS 

18 SEC. 501. POLICY FUNCTIONS. 

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

20 and Minerals Policy Act of 1970 (30 U.S.C. 21a) is amend21 ed— 

22 (1) by inserting ‘‘and to ensure that mineral ex23 traction and processing not cause undue degradation 

24 of the natural and cultural resources of the public 

25 lands’’ after ‘‘activities’’; and 


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

2 also be the responsibility of the Secretary of Agri3 culture to carry out the policy provisions of clauses 

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

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

6 Materials and Minerals Policy, Research and Development 

7 Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by inserting 

8 before the period the following: ‘‘, except that for National 

9 Forest System lands the Secretary of Agriculture shall 

10 promptly initiate actions to improve the availability and 

11 analysis of mineral data in public land use decision12 making’’. 

13 SEC. 502. USER FEES AND INFLATION ADJUSTMENT. 

14 (a) IN GENERAL.— 

15 (1) The Secretary and the Secretary of Agri16 culture may each establish and collect from persons 

17 subject to the requirements of this Act such user fees 

18 as may be necessary to reimburse the United States 

19 for the expenses incurred in administering such re20 quirements. Fees may be assessed and collected under 

21 this section only in such manner as may reasonably 

22 be expected to result in an aggregate amount of the 

23 fees collected during any fiscal year which does not 

24 exceed the aggregate amount of administrative ex25 penses referred to in this section. 


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1 (b) ADJUSTMENT.— 

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

3 fees required by this section, and all claim mainte4 nance fees, rental rates, penalty amounts, and other 

5 dollar amounts established in this Act, to reflect 

6 changes in the Consumer Price Index published by the 

7 Bureau of Labor Statistics of the Department of 

8 Labor every 3 years after the date of enactment of this 

9 Act, or more frequently if the Secretary determines an 

10 adjustment to be reasonable. 

11 (2) NOTICE.—The Secretary shall provide claim12 ants, license holders, and lease holders notice of any 

13 adjustment made under this subsection not later than 

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

15 (3) APPLICABILITY.—A fee adjustment under this 

16 subsection shall begin to apply the calendar year fol17 lowing the calendar year in which it is made. 

18 SEC. 503. INSPECTION AND MONITORING. 

19 (a) INSPECTIONS.— 

20 (1) IN GENERAL.—The Secretary concerned shall 

21 make inspections of mineral activities so as to ensure 

22 compliance with the requirements of this Act. 

23 (2) FREQUENCY.—The Secretary concerned shall 

24 establish a frequency of inspections for mineral activi25 ties conducted under a permit issued under title III, 


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1 but in no event shall such inspection frequency be less 

2 than one complete inspection per calendar quarter or, 

3 two per calendar quarter in the case of a permit for 

4 which the Secretary concerned approves an applica5 tion under section 304(f). After revegetation has been 

6 established in accordance with a reclamation plan, 

7 such Secretary shall conduct 2 complete inspections 

8 annually. Such Secretary shall have the discretion to 

9 modify the inspection frequency for mineral activities 

10 that are conducted on a seasonal basis. Inspections 

11 shall continue under this subsection until final release 

12 of financial assurance. 

13 (3) BY REQUEST.— 

14 (A) IN GENERAL.—Any person who has rea15 son to believe he or she is or may be adversely 

16 affected by mineral activities due to any viola17 tion of the requirements of a permit approved 

18 under this Act may request an inspection. 

19 (B) REVIEW PERIOD.—The Secretary con20 cerned shall determine within 10 working days 

21 of receipt of the request whether the request states 

22 a reason to believe that a violation exists. 

23 (C) IMMINENT THREAT.—If the person al24 leges and provides reason to believe that an im25 minent threat to the environment or danger to 


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1 the health or safety of the public exists, the 10- 

2 day period shall be waived and the inspection 

3 shall be conducted immediately. 

4 (D) NOTIFICATION.—When an inspection is 

5 conducted under this paragraph, the Secretary 

6 concerned shall notify the person requesting the 

7 inspection, and such person shall be allowed to 

8 accompany the Secretary concerned or the Sec9 retary’s authorized representative during the in10 spection. 

11 (E) LIABILITY.—The Secretary shall not 

12 incur any liability for allowing such person to 

13 accompany an authorized representative. 

14 (F) ANONYMITY.—The identity of the person 

15 supplying information to the Secretary relating 

16 to a possible violation or imminent danger or 

17 harm shall remain confidential with the Sec18 retary if so requested by that person, unless that 

19 person elects to accompany an authorized rep20 resentative on the inspection. 

21 (G) PROCEDURES.—The Secretaries shall, 

22 by joint rule, establish procedures for the review 

23 of— 

24 (i) any decision by an authorized rep25 resentative not to inspect; or 


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1 (ii) any refusal by such representative 

2 to ensure that remedial actions are taken 

3 with respect to any alleged violation. 

4 (H) WRITTEN STATEMENT.—The Secretary 

5 concerned shall furnish a person requesting a re6 view a written statement of the reasons for the 

7 Secretary’s final disposition of the case. 

8 (b) MONITORING.— 

9 (1) MONITORING SYSTEM.—The Secretary con10 cerned shall require all operators to develop and 

11 maintain a monitoring and evaluation system that 

12 shall identify compliance with all requirements of a 

13 permit approved under this Act. The Secretary con14 cerned may require additional monitoring to be con15 ducted as necessary to assure compliance with the rec16 lamation and other environmental standards of this 

17 Act. Such plan must be reviewed and approved by the 

18 Secretary and shall become a part of the explorations 

19 or operations permit. 

20 (2) REPORTING REQUIREMENTS.—The operator 

21 shall file reports with the Secretary concerned, on a 

22 frequency determined by the Secretary concerned, on 

23 the results of the monitoring and evaluation process, 

24 except that if the monitoring and evaluation show a 

25 violation of the requirements of a permit approved 


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1 under this Act, it shall be reported immediately to the 

2 Secretary concerned. The Secretary shall evaluate the 

3 reports submitted pursuant to this paragraph, and 

4 based on those reports and any necessary inspection 

5 shall take enforcement action pursuant to this section. 

6 Such reports shall be maintained by the operator and 

7 by the Secretary and shall be made available to the 

8 public. 

9 (3) FAILURE TO REPORT.—The Secretary con10 cerned shall determine what information shall be re11 ported by the operator pursuant to paragraph (2). A 

12 failure to report as required by the Secretary con13 cerned shall constitute a violation of this Act and sub14 ject the operator to enforcement action pursuant to 

15 section 506. 

16 SEC. 504. CITIZENS SUITS. 

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

18 (c), any person may commence a civil action on his or her 

19 own behalf to compel compliance— 

20 (1) against any person (including the Secretary 

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

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

23 any regulation promulgated pursuant to this Act or 

24 any term or condition of any lease, license, or permit 

25 issued under this Act; or 


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1 (2) against the Secretary or the Secretary of Ag2 riculture where there is alleged a failure of such Sec3 retary to perform any act or duty under this Act, or 

4 to promulgate any regulation under this Act, which 

5 is not within the discretion of the Secretary con6 cerned. 

7 (b) DISTRICT COURT JURISDICTION.—The United 

8 States district courts shall have jurisdiction over actions 

9 brought under this section, without regard to the amount 

10 in controversy or the citizenship of the parties, including 

11 actions brought to apply any civil penalty under this Act. 

12 The district courts of the United States shall have jurisdic13 tion to compel agency action unreasonably delayed, except 

14 that an action to compel agency action reviewable under 

15 section 505 may only be filed in a United States district 

16 court within the circuit in which such action would be re17 viewable under section 505. 

18 (c) EXCEPTIONS.— 

19 (1) NOTICE.—No action may be commenced 

20 under subsection (a) before the end of the 60-day pe21 riod beginning on the date the plaintiff has given no22 tice in writing of such alleged violation to the alleged 

23 violator and the Secretary concerned, except that any 

24 such action may be brought immediately after such 

25 notification if the violation complained of constitutes 


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1 an imminent threat to the environment or to the 

2 health or safety of the public or to properties eligible 

3 for listing on the National Register of Historic Places. 

4 (2) ON-GOING LITIGATION.—No action may be 

5 brought against any person other than the Secretary 

6 or the Secretary of Agriculture under subsection 

7 (a)(1) if such Secretary has commenced and is dili8 gently prosecuting a civil or criminal action in a 

9 court of the United States to require compliance. 

10 (3) EXCEPTION.—No action may be commenced 

11 under subsection (a)(2) against either Secretary to re12 view any rule promulgated by, or to any permit 

13 issued or denied by such Secretary if such rule or per14 mit issuance or denial is judicially reviewable under 

15 section 505 or under any other provision of law at 

16 any time after such promulgation, issuance, or denial 

17 is final. 

18 (d) VENUE.—Venue of all actions brought under this 

19 section shall be determined in accordance with section 1391 

20 of title 28, United States Code. 

21 (e) COSTS.—The court, in issuing any final order in 

22 any action brought pursuant to this section may award 

23 costs of litigation (including attorney and expert witness 

24 fees) to any party whenever the court determines such 

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1 straining order or preliminary injunction is sought, require 

2 the filing of a bond or equivalent security in accordance 

3 with the Federal Rules of Civil Procedure. 

4 (f) SAVINGS CLAUSE.—Nothing in this section shall re5 strict any right which any person (or class of persons) may 

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

7 this section, or under any other statute or common law to 

8 bring an action to seek any relief against the Secretary or 

9 the Secretary of Agriculture or against any other person, 

10 including any action for any violation of this Act or of any 

11 regulation or permit issued under this Act or for any fail12 ure to act as required by law. Nothing in this section shall 

13 affect the jurisdiction of any court under any provision of 

14 title 28, United States Code, including any action for any 

15 violation of this Act or of any regulation or permit issued 

16 under this Act or for any failure to act as required by law. 

17 SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW. 

18 (a) REVIEW BY SECRETARY.— 

19 (1) NOTICE OF VIOLATION.—Any person issued a 

20 notice of violation or cessation order under section 

21 507, or any person having an interest which is or 

22 may be adversely affected by such notice or order, 

23 may apply to the Secretary concerned for review of 

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1 of, or as the case may be, within 30 days after such 

2 notice or order is modified, vacated, or terminated. 

3 (2) REVIEW OF PENALTY.—Any person who is 

4 subject to a penalty assessed under section 507 may 

5 apply to the Secretary concerned for review of the as6 sessment within 45 days of notification of such pen7 alty. 

8 (3) THIRD PARTY REQUESTS.—Any person may 

9 apply to the Secretary concerned for review of a deci10 sion under this subsection within 30 days after such 

11 decision is issued. 

12 (4) STAYS PENDING REVIEW.—Pending a review 

13 by the Secretary or resolution of an administrative 

14 appeal, final decisions (except enforcement actions 

15 under section 507) shall be stayed. 

16 (5) PUBLIC HEARING.—The Secretary concerned 

17 shall provide an opportunity for a public hearing at 

18 the request of any party to the proceeding as specified 

19 in paragraph (1). The filing of an application for re20 view under this subsection shall not operate as a stay 

21 of any order or notice issued under section 506. 

22 (6) WRITTEN DECISION.—For any review pro23 ceeding under this subsection, the Secretary concerned 

24 shall make findings of fact and shall issue a written 

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1 firming, modifying, or terminating the notice, order, 

2 or decision, or with respect to an assessment, the 

3 amount of penalty that is warranted. Where the ap4 plication for review concerns a cessation order issued 

5 under section 506 the Secretary concerned shall issue 

6 the written decision within 30 days of the receipt of 

7 the application for review or within 30 days after the 

8 conclusion of any hearing referred to in paragraph 

9 (5), whichever is later, unless temporary relief has 

10 been granted by the Secretary concerned under para11 graph (7). 

12 (7) TEMPORARY RELIEF.—Pending completion of 

13 any review proceedings under this subsection, the ap14 plicant may file with the Secretary concerned a writ15 ten request that the Secretary grant temporary relief 

16 from any order issued under section 506 together with 

17 a detailed statement giving reasons for such relief. 

18 The Secretary concerned shall expeditiously issue an 

19 order or decision granting or denying such relief. The 

20 Secretary concerned may grant such relief under such 

21 conditions as he or she may prescribe only if such re22 lief shall not adversely affect the health or safety of 

23 the public or cause imminent environmental harm to 

24 land, air, or water resources. 


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1 (8) SAVINGS CLAUSE.—The availability of review 

2 under this subsection shall not be construed to limit 

3 the operation of rights under section 504. 

4 (b) JUDICIAL REVIEW.— 

5 (1) COURT OF APPEALS FOR THE DISTRICT OF

6 COLUMBIA.—Any final action by the Secretaries of 

7 the Interior and Agriculture in promulgating regula8 tions to implement this Act, or any other final ac9 tions constituting rulemaking to implement this Act, 

10 shall be subject to judicial review only in a United 

11 States Court of Appeals for a circuit in which an af12 fected State is located or within the District of Co13 lumbia. Any action subject to judicial review under 

14 this subsection shall be affirmed unless the court con15 cludes that such action is arbitrary, capricious, or 

16 otherwise inconsistent with law. A petition for review 

17 of any action subject to judicial review under this 

18 subsection shall be filed within 60 days from the date 

19 of such action, or after such date if the petition is 

20 based solely on grounds arising after the 60th day. 

21 Any such petition may be made by any person who 

22 commented or otherwise participated in the rule23 making or any person who may be adversely affected 

24 by the action of the Secretaries. 


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1 (2) STANDARD OF REVIEW.—Final agency action 

2 under this subsection, including such final action on 

3 those matters described under subsection (a), shall be 

4 subject to judicial review in accordance with para5 graph (4) and pursuant to section 1391 of title 28, 

6 United States Code, on or before 60 days from the 

7 date of such final action. Any action subject to judi8 cial review under this subsection shall be affirmed un9 less the court concludes that such action is arbitrary, 

10 capricious, or otherwise inconsistent with law. 

11 (3) SAVINGS CLAUSE.—The availability of judi12 cial review established in this subsection shall not be 

13 construed to limit the operations of rights under sec14 tion 504. 

15 (4) RECORD.—The court shall hear any petition 

16 or complaint filed under this subsection solely on the 

17 record made before the Secretary or Secretaries con18 cerned. The court may affirm or vacate any order or 

19 decision or may remand the proceedings to the Sec20 retary or Secretaries for such further action as it may 

21 direct. 

22 (5) COMMENCE OF A PROCEEDING NOT A STAY.— 

23 The commencement of a proceeding under this section 

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1 erate as a stay of the action, order, or decision of the 

2 Secretary or Secretaries concerned. 

3 (c) COSTS.—Whenever a proceeding occurs under sub4 section (a) or (b), at the request of any person, a sum equal 

5 to the aggregate amount of all costs and expenses (including 

6 attorney fees) as determined by the Secretary or Secretaries 

7 concerned or the court to have been reasonably incurred by 

8 such person for or in connection with participation in such 

9 proceedings, including any judicial review of the pro10 ceeding, may be assessed against either party as the court, 

11 in the case of judicial review, or the Secretary or Secretaries 

12 concerned in the case of administrative proceedings, deems 

13 appropriate if it is determined that such party prevailed 

14 in whole or in part, achieving some success on the merits, 

15 and that such party made a substantial contribution to a 

16 full and fair determination of the issues. 

17 SEC. 506. REPORTING REQUIREMENTS. 

18 (a) REPORT TO SECRETARY.—An operator engaging 

19 in any mineral activities located on Federal land or on In20 dian land shall submit to the Secretary an annual report, 

21 in a time and manner prescribed by the Secretary, describ22 ing the total amount (in metric tons) and value of hardrock 

23 minerals produced through such mineral activities, includ24 ing the total amount and value of any minerals produced 

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1 dian land, disaggregated by mineral and by percentage ex2 tracted from Federal land and percentage extracted from 

3 Indian land. 

4 (b) FAILURE TO REPORT.—Any person who fails to 

5 comply with the requirements of subsection (a) shall be sub6 ject to a civil penalty not to exceed $25,000 per day during 

7 which such failure continues, which may be assessed by the 

8 Secretary. 

9 (c) REPORT TO CONGRESS.—The Secretary shall sub10 mit an annual report to Congress providing the following 

11 information for each hardrock mine located on Federal land 

12 or on Indian land: 

13 (1) The data submitted for such mine under sub14 section (a). 

15 (2) The name of the mine operator. 

16 (3) The State in which such mine is located. 

17 (4) The Bureau of Land Management Field Of18 fice with jurisdiction over such mine. 

19 (5) Whether such mine is located on Federal 

20 land. 

21 (6) Whether such mine is located on Indian land. 

22 (d) REGULATIONS.—The Secretary shall promulgate 

23 such regulations as are necessary to carry out this section 

24 not later than 180 days after the date of the enactment of 

25 this Act. 


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1 SEC. 507. ENFORCEMENT. 

2 (a) ORDERS.— 

3 (1) NOTICE OF VIOLATION.—If the Secretary con4 cerned, or an authorized representative of such Sec5 retary, determines that any person is in violation of 

6 any environmental protection requirement or any 

7 regulation issued by the Secretaries to implement this 

8 Act, such Secretary or authorized representative shall 

9 issue to such person a notice of violation describing 

10 the violation and the corrective measures to be taken. 

11 The Secretary concerned, or the authorized represent12 ative of such Secretary, shall provide such person 

13 with a period of time not to exceed 30 days to abate 

14 the violation. Such period of time may be extended by 

15 the Secretary concerned upon a showing of good cause 

16 by such person. If, upon the expiration of time pro17 vided for such abatement, the Secretary concerned, or 

18 the authorized representative of such Secretary, finds 

19 that the violation has not been abated he or she shall 

20 immediately order a cessation of all mineral activities 

21 or the portion thereof relevant to the violation. 

22 (2) ORDER FOR IMMEDIATE CESSATION.—If the 

23 Secretary concerned, or the authorized representative 

24 of the Secretary concerned, determines that any con25 dition or practice exists, or that any person is in vio26 lation of any requirement under a permit approved 


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1 under this Act, and such condition, practice or viola2 tion is causing, or can reasonably be expected to cause 

3 either of the following, such Secretary or authorized 

4 representative shall immediately order a cessation of 

5 mineral activities or the portion thereof relevant to 

6 the condition, practice, or violation: 

7 (A) An imminent danger to the health or 

8 safety of the public. 

9 (B) Significant, imminent environmental 

10 harm to land, air, water, or fish or wildlife re11 sources. 

12 (3) DURATION.— 

13 (A) TERMINATION.—A cessation order pur14 suant to paragraph (1) or (2) shall remain in ef15 fect until such Secretary, or authorized rep16 resentative, determines that the condition, prac17 tice, or violation has been abated, or until modi18 fied, vacated or terminated by the Secretary or 

19 authorized representative. In any such order, the 

20 Secretary or authorized representative shall de21 termine the steps necessary to abate the violation 

22 in the most expeditious manner possible and 

23 shall include the necessary measures in the order. 

24 (B) FINANCIAL ASSURANCES.—The Sec25 retary concerned shall require appropriate finanVerDate Sep 11 2014 23:28 Aug 04, 2020 Jkt 099200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6203 E:\BILLS\H2579.RH H2579

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1 cial assurances to ensure that the abatement obli2 gations are met when issuing an order under 

3 this section. 

4 (C) AUTHORITY OF THE SECRETARY.—Any 

5 notice or order issued pursuant to paragraph (1) 

6 or (2) may be modified, vacated, or terminated 

7 by the Secretary concerned or an authorized rep8 resentative of such Secretary. Any person to 

9 whom any such notice or order is issued shall be 

10 entitled to a hearing on the record. 

11 (4) ALTERNATIVE ENFORCEMENT ACTION.—If, 

12 after 30 days of the date of the order referred to in 

13 subsection (a) the required abatement has not oc14 curred, the Secretary concerned shall take such alter15 native enforcement action against the claim holder, li16 cense holder, lease holder, or operator (or any person 

17 who controls the claim holder, license holder, lease 

18 holder, or operator) as will most likely bring about 

19 abatement in the most expeditious manner possible. 

20 Such alternative enforcement action may include 

21 seeking appropriate injunctive relief to bring about 

22 abatement. Nothing in this paragraph shall preclude 

23 the Secretary concerned from taking alternative en24 forcement action prior to the expiration of 30 days. 


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1 (5) FAILURE OR DEFAULT.—If a claim holder, 

2 license holder, lease holder, or operator (or any person 

3 who controls the claim holder, license holder, lease 

4 holder, or operator) fails to abate a violation or de5 faults on the terms of the permit, the Secretary con6 cerned shall forfeit the financial assurance for the 

7 plan as necessary to ensure abatement and reclama8 tion under this Act. The Secretary concerned may 

9 prescribe conditions under which a surety may per10 form reclamation in accordance with the approved 

11 plan in lieu of forfeiture. 

12 (6) PENDING REVIEW.—The Secretary concerned 

13 shall not cause forfeiture of the financial assurance 

14 while administrative or judicial review is pending. 

15 (7) LIABILITY IN THE EVENT OF FORFEITURE.— 

16 In the event of forfeiture, the claim holder, license 

17 holder, lease holder, operator, or any affiliate thereof, 

18 as appropriate as determined by the Secretary by 

19 rule, shall be jointly and severally liable for any re20 maining reclamation obligations under this Act. 

21 (b) COMPLIANCE.—The Secretary concerned may re22 quest the Attorney General to institute a civil action for 

23 relief, including a permanent or temporary injunction or 

24 restraining order, or any other appropriate enforcement 

25 order, including the imposition of civil penalties, in the disVerDate Sep 11 2014 23:28 Aug 04, 2020 Jkt 099200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6203 E:\BILLS\H2579.RH H2579

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1 trict court of the United States for the district in which 

2 the mineral activities are located whenever a person— 

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

4 order issued by the Secretary concerned under sub5 section (a); or 

6 (2) interferes with, hinders, or delays the Sec7 retary concerned in carrying out an inspection under 

8 section 503. 

9 Such court shall have jurisdiction to provide such relief as 

10 may be appropriate. Any relief granted by the court to en11 force an order under paragraph (1) shall continue in effect 

12 until the completion or final termination of all proceedings 

13 for review of such order unless the district court granting 

14 such relief sets it aside. 

15 (c) DELEGATION.—Notwithstanding any other provi16 sion of law, the Secretary may utilize personnel of the Office 

17 of Surface Mining Reclamation and Enforcement to ensure 

18 compliance with the requirements of this Act. 

19 (d) PENALTIES.— 

20 (1) FAILURE TO COMPLY WITH REQUIREMENTS

21 OF A PERMIT.—Any person who fails to comply with 

22 any requirement of a permit approved under this Act 

23 or any regulation issued by the Secretaries to imple24 ment this Act shall be liable for a penalty of not more 

25 than $25,000 per violation. Each day of violation 


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1 may be deemed a separate violation for purposes of 

2 penalty assessments. 

3 (2) FAILURE TO COMPLY WITH A CESSATION

4 ORDER.—A person who fails to correct a violation for 

5 which a cessation order has been issued under sub6 section (a) within the period permitted for its correc7 tion shall be assessed a civil penalty of not less than 

8 $1,000 per violation for each day during which such 

9 failure continues. 

10 (3) PENALTIES FOR DIRECTORS, OFFICERS, AND

11 AGENTS.—Whenever a corporation is in violation of 

12 a requirement of a permit approved under this Act or 

13 any regulation issued by the Secretaries to implement 

14 this Act or fails or refuses to comply with an order 

15 issued under subsection (a), any director, officer, or 

16 agent of such corporation who knowingly authorized, 

17 ordered, or carried out such violation, failure, or re18 fusal shall be subject to the same penalties as may be 

19 imposed upon the person referred to in paragraph 

20 (1). 

21 (e) SUSPENSIONS OR REVOCATIONS.—The Secretary 

22 concerned shall suspend or revoke a permit issued under 

23 title II, in whole or in part, if the operator— 

24 (1) knowingly made or knowingly makes any 

25 false, inaccurate, or misleading material statement in 


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1 any mining claim, notice of location, application, 

2 record, report, plan, or other document filed or re3 quired to be maintained under this Act; 

4 (2) fails to abate a violation covered by a ces5 sation order issued under subsection (a); 

6 (3) fails to comply with an order of the Sec7 retary concerned; 

8 (4) refuses to permit an audit pursuant to this 

9 Act; 

10 (5) fails to maintain an adequate financial as11 surance under section 306; 

12 (6) fails to pay claim maintenance fees, rentals, 

13 or other moneys due and owing under this Act; or 

14 (7) with regard to plans conditionally approved 

15 under section 305(c)(2), fails to abate a violation to 

16 the satisfaction of the Secretary concerned, or if the 

17 validity of the violation is upheld on the appeal 

18 which formed the basis for the conditional approval. 

19 (f) FALSE STATEMENTS; TAMPERING.—Any person 

20 who knowingly— 

21 (1) makes any false material statement, rep22 resentation, or certification in, or omits or conceals 

23 material information from, or unlawfully alters, any 

24 mining claim, notice of location, application, record, 


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1 report, plan, or other documents filed or required to 

2 be maintained under this Act; or 

3 (2) falsifies, tampers with, renders inaccurate, or 

4 fails to install any monitoring device or method re5 quired to be maintained under this Act, 

6 shall upon conviction, be punished by a fine of not more 

7 than $10,000, or by imprisonment for not more than 2 

8 years, or by both. If a conviction of a person is for a viola9 tion committed after a first conviction of such person under 

10 this subsection, punishment shall be by a fine of not more 

11 than $20,000 per day of violation, or by imprisonment of 

12 not more than 4 years, or both. Each day of continuing 

13 violation may be deemed a separate violation for purposes 

14 of penalty assessments. 

15 (g) KNOWING VIOLATIONS.—Any person who know16 ingly— 

17 (1) engages in mineral activities without a per18 mit required under title II; or 

19 (2) violates any other requirement of a permit 

20 issued under this Act, or any condition or limitation 

21 thereof, 

22 shall upon conviction be punished by a fine of not less than 

23 $5,000 nor more than $50,000 per day of violation, or by 

24 imprisonment for not more than 3 years, or both. If a con25 viction of a person is for a violation committed after the 


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1 first conviction of such person under this subsection, pun2 ishment shall be a fine of not less than $10,000 per day 

3 of violation, or by imprisonment of not more than 6 years, 

4 or both. 

5 (h) KNOWING AND WILLFUL VIOLATIONS.—Any person 

6 who knowingly and willfully commits an act for which a 

7 civil penalty is provided in paragraph (1) of subsection (g) 

8 shall, upon conviction, be punished by a fine of not more 

9 than $50,000, or by imprisonment for not more than 2 

10 years, or both. 

11 (i) DEFINITION.—For purposes of this section, the 

12 term ‘‘person’’ includes any officer, agent, or employee of 

13 a person. 

14 SEC. 508. REGULATIONS. 

15 The Secretary and the Secretary of Agriculture shall 

16 issue such regulations as are necessary to implement this 

17 Act. The regulations implementing titles II and III and this 

18 title that affect the Forest Service shall be joint regulations 

19 issued by both Secretaries, and shall be issued not later than 

20 180 days after the date of enactment of this Act. 

21 SEC. 509. OIL SHALE CLAIMS. 

22 Section 2511(f) of the Energy Policy Act of 1992 (30 

23 U.S.C. 242(f); Public Law 102–486) is amended— 

24 (1) by striking ‘‘as prescribed by the Secretary’’; 

25 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 modifying 

7 any Federal law, regulation, order, or land use plan, in 

8 effect prior to the date of enactment of this Act that pro9 hibits 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 the 

13 extent such laws provide for protection of natural and cul14 tural resources and the environment greater than required 

15 under this Act, and any such prior law shall remain in 

16 force and effect with respect to claims converted to leases 

17 under this Act. Nothing in this Act shall be construed as 

18 applying to or limiting mineral investigations, studies, or 

19 other mineral activities conducted by any Federal or State 

20 agency acting in its governmental capacity pursuant to 

21 other authority. Nothing in this Act shall affect or limit 

22 any assessment, investigation, evaluation, or listing pursu23 ant to the Comprehensive Environmental Response, Com24 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 


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1 seq.), or the Solid Waste Disposal Act (42 U.S.C. 3251 et 

2 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 su8 perseding, 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 Act 

12 shall be construed as altering, affecting, amending, 

13 modifying, or changing, directly or indirectly, any 

14 law which refers to and provides authorities or re15 sponsibilities for, or is administered by, the Environ16 mental Protection Agency or the Administrator of the 

17 Environmental Protection Agency, including— 

18 (A) the Federal Water Pollution Control Act 

19 (33 U.S.C. 1251 et seq.); 

20 (B) The National Environmental Policy Act 

21 (42 U.S.C. 4321 et seq.); 

22 (C) title XIV of the Public Health Service 

23 Act (the Safe Drinking Water Act) (42 U.S.C. 

24 300f et seq.); 


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1 (D) the Clean Air Act (42 U.S.C. 7401 et 

2 seq.); 

3 (E) the Pollution Prevention Act of 1990 

4 (42 U.S.C. 13101 et seq.); 

5 (F) the Toxic Substances Control Act (15 

6 U.S.C. 2601 et seq.); 

7 (G) the Federal Insecticide, Fungicide, and 

8 Rodenticide Act (7 U.S.C. 136 et seq.; 

9 (H) the Federal Food, Drug, and Cosmetic 

10 Act (21 U.S.C. 301 et seq.); 

11 (I) the Motor Vehicle Information and Cost 

12 Savings Act (15 U.S.C. 1901 et seq.); 

13 (J) the Federal Hazardous Substances Act 

14 (15 U.S.C. 1261 et seq.); 

15 (K) the Endangered Species Act of 1973 (16 

16 U.S.C. 1540); 

17 (L) the Atomic Energy Act of 1954 (42 

18 U.S.C. 2011 et seq.); 

19 (M) the Noise Control Act of 1972 (42 

20 U.S.C. 4901 et seq.); 

21 (N) the Solid Waste Disposal Act (42 

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

23 (O) the Comprehensive Environmental Re24 sponse, Compensation, and Liability Act of 1980 

25 (42 U.S.C. 9601 et seq.); 


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1 (P) the Superfund Amendments and Reau2 thorization Act of 1986 (Public Law 99–499; 100 

3 Stat. 1613); 

4 (Q) the Ocean Dumping Act (33 U.S.C. 

5 1401 et seq.); 

6 (R) the Environmental Research, Develop7 ment, and Demonstration Authorization Act of 

8 1978 (42 U.S.C. 4365); 

9 (S) the Pollution Prosecution Act of 1990 

10 (42 U.S.C. 4321 note; Public Law 101–593); 

11 (T) the Federal Facilities Compliance Act of 

12 1992 (Public Law 102–386; 106 Stat. 1505); and 

13 (U) any statute containing an amendment 

14 to any of such Acts. 

15 (4) FEDERAL INDIAN LAW.—Nothing in this Act 

16 shall be construed as modifying or affecting any pro17 vision of— 

18 (A) the Native American Graves Protection 

19 and Repatriation Act (25 U.S.C. 3001 et seq.); 

20 (B) American Indian Religious Freedom 

21 Act (42 U.S.C. 1996); 

22 (C) the National Historic Preservation Act 

23 (16 U.S.C. 470 et seq.); 

24 (D) the Religious Freedom Restoration Act 

25 of 1993 (42 U.S.C. 2000bb et seq.); or 


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1 (E) the Archaeological Resources Protection 

2 Act of 1979 (16 U.S.C. 470aa et seq.). 

3 (c) SOVEREIGN IMMUNITY OF INDIAN TRIBES.—Noth4 ing in this section shall be construed so as to waive the 

5 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 Ag9 riculture under this Act shall be made immediately avail10 able to the public, consistent with section 552 of title 5, 

11 United States Code, in central and sufficient locations in 

12 the county, multicounty, and State area of mineral activi13 ties 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 or 

21 audit, necessary and appropriate to carrying out his or her 

22 duties. 

23 (b) ANCILLARY POWERS.—In connection with any 

24 hearing, inquiry, investigation, or audit under this Act, the 

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1 retary of Agriculture, is authorized to take any of the fol2 lowing actions: 

3 (1) Require, by special or general order, any per4 son to submit in writing such affidavits and answers 

5 to questions as the Secretary concerned may reason6 ably prescribe, which submission shall be made within 

7 such reasonable period and under oath or otherwise, 

8 as may be necessary. 

9 (2) Administer oaths. 

10 (3) Require by subpoena the attendance and tes11 timony of witnesses and the production of all books, 

12 papers, records, documents, matter, and materials, as 

13 such Secretary may request. 

14 (4) Order testimony to be taken by deposition be15 fore any person who is designated by such Secretary 

16 and who has the power to administer oaths, and to 

17 compel testimony and the production of evidence in 

18 the same manner as authorized under paragraph (3) 

19 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 sub24 poena served upon any person under this section, the dis25 trict 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 con6 cerned. 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 and 

10 upon presentation of appropriate credentials, the Secretary 

11 concerned or any authorized representative thereof— 

12 (1) shall have the right of entry to, upon, or 

13 through the site of any claim, license, lease, mineral 

14 activities, or any premises in which any records re15 quired to be maintained under this Act are located; 

16 (2) may at reasonable times, and without delay, 

17 have access to records, inspect any monitoring equip18 ment, or review any method of operation required 

19 under this Act; 

20 (3) may engage in any work and do all things 

21 necessary or expedient to implement and administer 

22 the provisions of this Act; 

23 (4) may, on any mining claim, license, or lease 

24 maintained in compliance with this Act, and without 

25 advance notice, stop and inspect any motorized form 


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1 of transportation that such Secretary has probable 

2 cause to believe is carrying hardrock minerals, con3 centrates, or products derived therefrom from a claim 

4 site for the purpose of determining whether the oper5 ator of such vehicle has documentation related to such 

6 hardrock minerals, concentrates, or products derived 

7 therefrom as required by law, if such documentation 

8 is required under this Act; and 

9 (5) may, if accompanied by any appropriate law 

10 enforcement officer, or an appropriate law enforce11 ment officer alone, stop and inspect any motorized 

12 form of transportation which is not on a claim site 

13 if he or she has probable cause to believe such vehicle 

14 is carrying hardrock minerals, concentrates, or prod15 ucts derived therefrom from a claim site, license, or 

16 lease on Federal lands or allocated to such claim site, 

17 license, or lease. Such inspection shall be for the pur18 pose of determining whether the operator of such vehi19 cle has the documentation required by law, if such 

20 documentation is required under this Act. 

21 SEC. 513. MINERAL MATERIALS. 

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

23 23, 1955 (30 U.S.C. 611), is amended— 

24 (1) in the heading, by striking ‘‘OR CINDERS’’ 

25 and inserting ‘‘CINDERS, AND CLAY’’; 


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1 (2) by striking ‘‘No’’ and inserting ‘‘(a) No’’; 

2 (3) by inserting ‘‘mineral materials, including’’ 

3 after ‘‘varieties of’’; 

4 (4) by striking ‘‘or cinders’’ and inserting ‘‘cin5 ders, and clay’’; and 

6 (5) by adding at the end the following: 

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

8 of enactment of the Hardrock Leasing and Reclamation Act 

9 of 2019, notwithstanding the reference to common varieties 

10 in subsection (a) and to the exception to such term relating 

11 to a deposit of materials with some property giving it dis12 tinct and special value, all deposits of mineral materials 

13 referred to in such subsection, including the block pumice 

14 referred to in such subsection, shall be subject to disposal 

15 only under the terms and conditions of the Materials Act 

16 of 1947 (30 U.S.C. 601–603). 

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

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

19 such mineral material— 

20 ‘‘(A) had and still has some property giving it 

21 the distinct and special value referred to in subsection 

22 (a), or as the case may be, met the definition of block 

23 pumice referred to in such subsection; 

24 ‘‘(B) was properly located and maintained 

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1 actment of the Hardrock Leasing and Reclamation 

2 Act of 2019; and 

3 ‘‘(C) was supported by a discovery of a valuable 

4 mineral deposit within the meaning of the general 

5 mining laws as in effect immediately prior to the 

6 date of enactment of the Hardrock Leasing and Rec7 lamation Act of 2019.’’. 

8 (b) MINERAL MATERIALS DISPOSAL CLARIFICA9 TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C. 

10 612), is amended— 

11 (1) in subsection (b) by inserting ‘‘and mineral 

12 material’’ after ‘‘vegetative’’; and 

13 (2) in subsection (c) by inserting ‘‘and mineral 

14 material’’ after ‘‘vegetative’’. 

15 (c) CONFORMING AMENDMENT.—Section 1 of the Act 

16 of July 31, 1947, entitled ‘‘An Act to provide for the dis17 posal of materials on the public lands of the United States’’ 

18 (30 U.S.C. 601 et seq.) is amended by striking ‘‘common 

19 varieties of’’ in the first sentence. 

20 (d) SHORT TITLES.— 

21 (1) SURFACE RESOURCES.—The Act of July 23, 

22 1955, is amended by inserting after section 7 the fol23 lowing new section: 

24 ‘‘SEC. 8. This Act may be cited as the ‘Surface Re25 sources Act of 1955’.’’. 


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

2 1947, entitled ‘‘An Act to provide for the disposal of 

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

4 (30 U.S.C. 601 et seq.) is amended by inserting after 

5 section 4 the following new section: 

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

7 of 1947’.’’. 

8 (e) REPEALS.—(1) Subject to valid existing rights, the 

9 Act of August 4, 1892 (chapter 375; 27 Stat. 348; 30 U.S.C. 

10 161), commonly known as the Building Stone Act, is hereby 

11 repealed. 

12 (2) Subject to valid existing rights, the Act of January 

13 31, 1901 (chapter 186; 31 Stat. 745; 30 U.S.C. 162), com14 monly known as the Saline Placer Act, is hereby repealed. 

15 SEC. 514. EFFECTIVE DATE. 

16 This Act shall take effect on the date of enactment of 

17 this Act, except as otherwise provided in this Act. 


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Union Calendar No. 374 

116TH CONGRESS 

2D SESSION H. R. 2579 

[Report No. 116–467] 

A BILL 

To modify the requirements applicable to locatable 

and for other purposes. the principles of self-initiation of mining claims, minerals on public domain lands, consistent with 

AUGUST 4, 2020 

Reported with an amendment; committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union 


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