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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 699 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 699

 To modify the requirements applicable to locatable minerals on public 
  domain lands, consistent with the principles of self-initiation of 
                 mining claims, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2009

 Mr. Rahall (for himself, Mr. George Miller of California, Mr. Waxman, 
Mr. Markey of Massachusetts, Mr. Berman, Mr. Grijalva, Mr. Costa, Mrs. 
 Christensen, Mr. Holt, Mr. Stark, Mr. Kildee, Mr. Hinchey, Ms. Eshoo, 
  Mr. Blumenauer, Mr. Kennedy, Mr. Kind, Mrs. Capps, Mr. Schiff, Mr. 
  Honda, Mr. Salazar, and Ms. Tsongas) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To modify the requirements applicable to locatable minerals on public 
  domain lands, consistent with the principles of self-initiation of 
                 mining claims, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Hardrock Mining 
and Reclamation Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions and references.
Sec. 3. Application rules.
              TITLE I--MINERAL EXPLORATION AND DEVELOPMENT

Sec. 101. Limitation on patents.
Sec. 102. Royalty.
Sec. 103. Hardrock mining claim maintenance fee.
Sec. 104. Effect of payments for use and occupancy of claims.
                 TITLE II--PROTECTION OF SPECIAL PLACES

Sec. 201. Lands open to location.
Sec. 202. Withdrawal petitions by States, political subdivisions, and 
                            Indian tribes.
  TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

Sec. 301. General standard for hardrock mining on Federal land.
Sec. 302. Permits.
Sec. 303. Exploration permit.
Sec. 304. Operations permit.
Sec. 305. Persons ineligible for permits.
Sec. 306. Financial assurance.
Sec. 307. Operation and reclamation.
Sec. 308. State law and regulation.
Sec. 309. Limitation on the issuance of permits.
                      TITLE IV--MINING MITIGATION

                  Subtitle A--Locatable Minerals Fund

Sec. 401. Establishment of Fund.
Sec. 402. Contents of Fund.
Sec. 403. Subaccounts.
            Subtitle B--Use of Hardrock Reclamation Account

Sec. 411. Use and objectives of the Account.
Sec. 412. Eligible lands and waters.
Sec. 413. Expenditures.
Sec. 414. Authorization of appropriations.
    Subtitle C--Use of Hardrock Community Impact Assistance Account

Sec. 421. Use and objectives of the Account.
Sec. 422. Allocation of funds.
          TITLE V--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

                 Subtitle A--Administrative Provisions

Sec. 501. Policy functions.
Sec. 502. User fees.
Sec. 503. Inspection and monitoring.
Sec. 504. Citizens suits.
Sec. 505. Administrative and judicial review.
Sec. 506. Enforcement.
Sec. 507. Regulations.
Sec. 508. Effective date.
                  Subtitle B--Miscellaneous Provisions

Sec. 511. Oil shale claims.
Sec. 512. Purchasing power adjustment.
Sec. 513. Savings clause.
Sec. 514. Availability of public records.
Sec. 515. Miscellaneous powers.
Sec. 516. Multiple mineral development and surface resources.
Sec. 517. Mineral materials.

SEC. 2. DEFINITIONS AND REFERENCES.

    (a) In General.--As used in this Act:
            (1) The term ``affiliate'' means with respect to any 
        person, any of the following:
                    (A) Any person who controls, is controlled by, or 
                is under common control with such person.
                    (B) Any partner of such person.
                    (C) Any person owning at least 10 percent of the 
                voting shares of such person.
            (2) The term ``applicant'' means any person applying for a 
        permit under this Act or a modification to or a renewal of a 
        permit under this Act.
            (3) The term ``beneficiation'' means the crushing and 
        grinding of locatable mineral ore and such processes as are 
        employed to free the mineral from other constituents, including 
        but not necessarily limited to, physical and chemical 
        separation techniques.
            (4) The term ``casual use''--
                    (A) subject to subparagraphs (B) and (C), means 
                mineral activities that do not ordinarily result in any 
                disturbance of public lands and resources;
                    (B) includes collection of geochemical, rock, soil, 
                or mineral specimens using handtools, hand panning, or 
                nonmotorized sluicing; and
                    (C) does not include--
                            (i) the use of mechanized earth-moving 
                        equipment, suction dredging, or explosives;
                            (ii) the use of motor vehicles in areas 
                        closed to off-road vehicles;
                            (iii) the construction of roads or drill 
                        pads; and
                            (iv) the use of toxic or hazardous 
                        materials.
            (5) The term ``claim holder'' means a person holding a 
        mining claim, millsite claim, or tunnel site claim located 
        under the general mining laws and maintained in compliance with 
        such laws and this Act. Such term may include an agent of a 
        claim holder.
            (6) The term ``control'' means having the ability, directly 
        or indirectly, to determine (without regard to whether 
        exercised through one or more corporate structures) the manner 
        in which an entity conducts mineral activities, through any 
        means, including without limitation, ownership interest, 
        authority to commit the entity's real or financial assets, 
        position as a director, officer, or partner of the entity, or 
        contractual arrangement.
            (7) The term ``exploration''--
                    (A) subject to subparagraphs (B) and (C), means 
                creating surface disturbance other than casual use, to 
                evaluate the type, extent, quantity, or quality of 
                minerals present;
                    (B) includes mineral activities associated with 
                sampling, drilling, and analyzing locatable mineral 
                values; and
                    (C) does not include extraction of mineral material 
                for commercial use or sale.
            (8) The term ``Federal land'' means any land, and any 
        interest in land, that is owned by the United States and open 
        to location of mining claims under the general mining laws and 
        title II of this Act.
            (9) The term ``Indian lands'' means lands held in trust for 
        the benefit of an Indian tribe or individual or held by an 
        Indian tribe or individual subject to a restriction by the 
        United States against alienation.
            (10) The term ``Indian tribe'' means any Indian tribe, 
        band, nation, pueblo, or other organized group or community, 
        including any Alaska Native village or regional corporation as 
        defined in or established pursuant to the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as 
        eligible for the special programs and services provided by the 
        United States to Indians because of their status as Indians.
            (11) The term ``locatable mineral''--
                    (A) subject to subparagraph (B), means any mineral, 
                the legal and beneficial title to which remains in the 
                United States and that is not subject to disposition 
                under any of--
                            (i) the Mineral Leasing Act (30 U.S.C. 181 
                        et seq.);
                            (ii) the Geothermal Steam Act of 1970 (30 
                        U.S.C. 1001 et seq.);
                            (iii) the Act of July 31, 1947, commonly 
                        known as the Materials Act of 1947 (30 U.S.C. 
                        601 et seq.); or
                            (iv) the Mineral Leasing for Acquired Lands 
                        Act (30 U.S.C. 351 et seq.); and
                    (B) does not include any mineral that is subject to 
                a restriction against alienation imposed by the United 
                States and is--
                            (i) held in trust by the United States for 
                        any Indian or Indian tribe, as defined in 
                        section 2 of the Indian Mineral Development Act 
                        of 1982 (25 U.S.C. 2101); or
                            (ii) owned by any Indian or Indian tribe, 
                        as defined in that section.
            (12) The term ``mineral activities'' means any activity on 
        a mining claim, millsite claim, or tunnel site claim for, 
        related to, or incidental to, mineral exploration, mining, 
        beneficiation, processing, or reclamation activities for any 
        locatable mineral.
            (13) The term ``National Conservation System unit'' means 
        any unit of the National Park System, National Wildlife Refuge 
        System, National Wild and Scenic Rivers System, or National 
        Trails System, or a National Conservation Area, a National 
        Recreation Area, a National Monument, or any unit of the 
        National Wilderness Preservation System.
            (14) The term ``operator'' means any person proposing or 
        authorized by a permit issued under this Act to conduct mineral 
        activities and any agent of such person.
            (15) The term ``person'' means an individual, Indian tribe, 
        partnership, association, society, joint venture, joint stock 
        company, firm, company, corporation, cooperative, or other 
        organization and any instrumentality of State or local 
        government including any publicly owned utility or publicly 
        owned corporation of State or local government.
            (16) The term ``processing'' means processes downstream of 
        beneficiation employed to prepare locatable mineral ore into 
        the final marketable product, including but not limited to 
        smelting and electrolytic refining.
            (17) The term ``Secretary'' means the Secretary of the 
        Interior, unless otherwise specified.
            (18) The term ``temporary cessation'' means a halt in mine-
        related production activities for a continuous period of no 
        longer than 5 years.
            (19) The term ``undue degradation'' means irreparable harm 
        to significant scientific, cultural, or environmental resources 
        on public lands that cannot be effectively mitigated.
    (b) Valid Existing Rights.--As used in this Act, the term ``valid 
existing rights'' means a mining claim or millsite claim located on 
lands described in section 201(b), that--
            (1) was properly located and maintained under the general 
        mining laws prior to the date of enactment of this Act;
            (2) was supported by a discovery of a valuable mineral 
        deposit within the meaning of the general mining laws on the 
        date of enactment of this Act, or satisfied the limitations 
        under existing law for millsite claims; and
            (3) continues to be valid under this Act.
    (c) References to Other Laws.--(1) Any reference in this Act to the 
term general mining laws is a reference to those Acts that generally 
comprise chapters 2, 12A, and 16, and sections 161 and 162, of title 
30, United States Code.
    (2) Any reference in this Act to the Act of July 23, 1955, is a 
reference to the Act entitled ``An Act to amend the Act of July 31, 
1947 (61 Stat. 681) and the mining laws to provide for multiple use of 
the surface of the same tracts of the public lands, and for other 
purposes'' (30 U.S.C. 601 et seq.).

SEC. 3. APPLICATION RULES.

    (a) In General.--This Act applies to any mining claim, millsite 
claim, or tunnel site claim located under the general mining laws, 
before, on, or after the date of enactment of this Act, except as 
provided in subsection (b).
    (b) Preexisting Claims.--(1) Any unpatented mining claim or 
millsite claim located under the general mining laws before the date of 
enactment of this Act for which a plan of operation has not been 
approved or a notice filed prior to the date of enactment shall, upon 
the effective date of this Act, be subject to the requirements of this 
Act, except as provided in paragraph (2).
    (2)(A) If a plan of operations is approved for mineral activities 
on any claim or site referred to in paragraph (1) prior to the date of 
enactment of this Act but such operations have not commenced prior to 
the date of enactment of this Act--
            (i) during the 10-year period beginning on the date of 
        enactment of this Act, mineral activities at such claim or site 
        shall be subject to such plan of operations;
            (ii) during such 10-year period, modifications of any such 
        plan may be made in accordance with the provisions of law 
        applicable prior to the enactment of this Act if such 
        modifications are deemed minor by the Secretary concerned; and
            (iii) the operator shall bring such mineral activities into 
        compliance with this Act by the end of such 10-year period.
    (B) Where an application for modification of a plan of operations 
referred to in subparagraph (A)(ii) has been timely submitted and an 
approved plan expires prior to Secretarial action on the application, 
mineral activities and reclamation may continue in accordance with the 
terms of the expired plan until the Secretary makes an administrative 
decision on the application.
    (c) Federal Lands Subject to Existing Permit.--(1) Any Federal land 
shall be subject to the requirements of section 102(a)(2) if the land 
is--
            (A) subject to an operations permit; and
            (B) producing valuable locatable minerals in commercial 
        quantities prior to the date of enactment of this Act.
    (2) Any Federal land added through a plan modification to an 
operations permit on Federal land that is submitted after the date of 
enactment of this Act shall be subject to the terms of section 
102(a)(3).
    (d) Application of Act to Beneficiation and Processing of Non-
Federal Minerals on Federal Lands.--The provisions of this Act 
(including the environmental protection requirements of title III) 
shall apply in the same manner and to the same extent to mining claims, 
millsite claims, and tunnel site claims used for beneficiation or 
processing activities for any mineral without regard to whether or not 
the legal and beneficial title to the mineral is held by the United 
States. This subsection applies only to minerals that are locatable 
minerals or minerals that would be locatable minerals if the legal and 
beneficial title to such minerals were held by the United States.

              TITLE I--MINERAL EXPLORATION AND DEVELOPMENT

SEC. 101. LIMITATION ON PATENTS.

    (a) Mining Claims.--
            (1) Determinations required.--After the date of enactment 
        of this Act, no patent shall be issued by the United States for 
        any mining claim located under the general mining laws unless 
        the Secretary determines that, for the claim concerned--
                    (A) a patent application was filed with the 
                Secretary on or before September 30, 1994; and
                    (B) all requirements established under sections 
                2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 
                30) for vein or lode claims and sections 2329, 2330, 
                2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 
                36, and 37) for placer claims were fully complied with 
                by that date.
            (2) Right to patent.--If the Secretary makes the 
        determinations referred to in subparagraphs (A) and (B) of 
        paragraph (1) for any mining claim, the holder of the claim 
        shall be entitled to the issuance of a patent in the same 
        manner and degree to which such claim holder would have been 
        entitled to prior to the enactment of this Act, unless and 
        until such determinations are withdrawn or invalidated by the 
        Secretary or by a court of the United States.
    (b) Millsite Claims.--
            (1) Determinations required.--After the date of enactment 
        of this Act, no patent shall be issued by the United States for 
        any millsite claim located under the general mining laws unless 
        the Secretary determines that for the millsite concerned--
                    (A) a patent application for such land was filed 
                with the Secretary on or before September 30, 1994; and
                    (B) all requirements applicable to such patent 
                application were fully complied with by that date.
            (2) Right to patent.--If the Secretary makes the 
        determinations referred to in subparagraphs (A) and (B) of 
        paragraph (1) for any millsite claim, the holder of the claim 
        shall be entitled to the issuance of a patent in the same 
        manner and degree to which such claim holder would have been 
        entitled to prior to the enactment of this Act, unless and 
        until such determinations are withdrawn or invalidated by the 
        Secretary or by a court of the United States.

SEC. 102. ROYALTY.

    (a) Reservation of Royalty.--
            (1) In general.--Except as provided in paragraph (2) and 
        subject to paragraph (3), production of all locatable minerals 
        from any mining claim located under the general mining laws and 
        maintained in compliance with this Act, or mineral concentrates 
        or products derived from locatable minerals from any such 
        mining claim, as the case may be, shall be subject to a royalty 
        of 8 percent of the gross income from mining. The claim holder 
        or any operator to whom the claim holder has assigned the 
        obligation to make royalty payments under the claim and any 
        person who controls such claim holder or operator shall be 
        liable for payment of such royalties.
            (2) Royalty for federal lands subject to existing permit.--
        The royalty under paragraph (1) shall be 4 percent in the case 
        of any Federal land that--
                    (A) is subject to an operations permit on the date 
                of the enactment of this Act; and
                    (B) produces valuable locatable minerals in 
                commercial quantities on the date of enactment of this 
                Act.
            (3) Federal land added to existing operations permit.--Any 
        Federal land added through a plan modification to an operations 
        permit that is submitted after the date of enactment of this 
        Act shall be subject to the royalty that applies to Federal 
        land under paragraph (1).
            (4) Deposit.--Amounts received by the United States as 
        royalties under this subsection shall be deposited into the 
        account established under section 401.
    (b) Duties of Claim Holders, Operators, and Transporters.--(1) A 
person--
            (A) who is required to make any royalty payment under this 
        section shall make such payments to the United States at such 
        times and in such manner as the Secretary may by rule 
        prescribe; and
            (B) shall notify the Secretary, in the time and manner as 
        may be specified by the Secretary, of any assignment that such 
        person may have made of the obligation to make any royalty or 
        other payment under a mining claim.
    (2) Any person paying royalties under this section shall file a 
written instrument, together with the first royalty payment, affirming 
that such person is responsible for making proper payments for all 
amounts due for all time periods for which such person has a payment 
responsibility. Such responsibility for the periods referred to in the 
preceding sentence shall include any and all additional amounts billed 
by the Secretary and determined to be due by final agency or judicial 
action. Any person liable for royalty payments under this section who 
assigns any payment obligation shall remain jointly and severally 
liable for all royalty payments due for the claim for the period.
    (3) A person conducting mineral activities shall--
            (A) develop and comply with the site security provisions in 
        the operations permit designed to protect from theft the 
        locatable minerals, concentrates or products derived therefrom 
        which are produced or stored on a mining claim, and such 
        provisions shall conform with such minimum standards as the 
        Secretary may prescribe by rule, taking into account the 
        variety of circumstances on mining claims; and
            (B) not later than the 5th business day after production 
        begins anywhere on a mining claim, or production resumes after 
        more than 90 days after production was suspended, notify the 
        Secretary, in the manner prescribed by the Secretary, of the 
        date on which such production has begun or resumed.
    (4) The Secretary may by rule require any person engaged in 
transporting a locatable mineral, concentrate, or product derived 
therefrom to carry on his or her person, in his or her vehicle, or in 
his or her immediate control, documentation showing, at a minimum, the 
amount, origin, and intended destination of the locatable mineral, 
concentrate, or product derived therefrom in such circumstances as the 
Secretary determines is appropriate.
    (c) Recordkeeping and Reporting Requirements.--(1) A claim holder, 
operator, or other person directly involved in developing, producing, 
processing, transporting, purchasing, or selling locatable minerals, 
concentrates, or products derived therefrom, subject to this Act, 
through the point of royalty computation shall establish and maintain 
any records, make any reports, and provide any information that the 
Secretary may reasonably require for the purposes of implementing this 
section or determining compliance with rules or orders under this 
section. Such records shall include, but not be limited to, periodic 
reports, records, documents, and other data. Such reports may also 
include, but not be limited to, pertinent technical and financial data 
relating to the quantity, quality, composition volume, weight, and 
assay of all minerals extracted from the mining claim. Upon the request 
of any officer or employee duly designated by the Secretary conducting 
an audit or investigation pursuant to this section, the appropriate 
records, reports, or information that may be required by this section 
shall be made available for inspection and duplication by such officer 
or employee. Failure by a claim holder, operator, or other person 
referred to in the first sentence to cooperate with such an audit, 
provide data required by the Secretary, or grant access to information 
may, at the discretion of the Secretary, result in involuntary 
forfeiture of the claim.
    (2) Records required by the Secretary under this section shall be 
maintained for 7 years after release of financial assurance under 
section 306 unless the Secretary notifies the operator that the 
Secretary has initiated an audit or investigation involving such 
records and that such records must be maintained for a longer period. 
In any case when an audit or investigation is underway, records shall 
be maintained until the Secretary releases the operator of the 
obligation to maintain such records.
    (d) Audits.--The Secretary is authorized to conduct such audits of 
all claim holders, operators, transporters, purchasers, processors, or 
other persons directly or indirectly involved in the production or 
sales of minerals covered by this Act, as the Secretary deems necessary 
for the purposes of ensuring compliance with the requirements of this 
section. For purposes of performing such audits, the Secretary shall, 
at reasonable times and upon request, have access to, and may copy, all 
books, papers and other documents that relate to compliance with any 
provision of this section by any person.
    (e) Cooperative Agreements.--(1) The Secretary is authorized to 
enter into cooperative agreements with the Secretary of Agriculture to 
share information concerning the royalty management of locatable 
minerals, concentrates, or products derived therefrom, to carry out 
inspection, auditing, investigation, or enforcement (not including the 
collection of royalties, civil or criminal penalties, or other 
payments) activities under this section in cooperation with the 
Secretary, and to carry out any other activity described in this 
section.
    (2) Except as provided in paragraph (3)(A) of this subsection 
(relating to trade secrets), and pursuant to a cooperative agreement, 
the Secretary of Agriculture shall, upon request, have access to all 
royalty accounting information in the possession of the Secretary 
respecting the production, removal, or sale of locatable minerals, 
concentrates, or products derived therefrom from claims on lands open 
to location under this Act.
    (3) Trade secrets, proprietary, and other confidential information 
protected from disclosure under section 552 of title 5, United States 
Code, popularly known as the Freedom of Information Act, shall be made 
available by the Secretary to other Federal agencies as necessary to 
assure compliance with this Act and other Federal laws. The Secretary, 
the Secretary of Agriculture, the Administrator of the Environmental 
Protection Agency, and other Federal officials shall ensure that such 
information is provided protection in accordance with the requirements 
of that section.
    (f) Interest and Substantial Underreporting Assessments.--(1) In 
the case of mining claims where royalty payments are not received by 
the Secretary on the date that such payments are due, the Secretary 
shall charge interest on such underpayments at the same interest rate 
as the rate applicable under section 6621(a)(2) of the Internal Revenue 
Code of 1986. In the case of an underpayment, interest shall be 
computed and charged only on the amount of the deficiency and not on 
the total amount.
    (2) If there is any underreporting of royalty owed on production 
from a claim for any production month by any person liable for royalty 
payments under this section, the Secretary shall assess a penalty of 
not greater than 25 percent of the amount of that underreporting.
    (3) For the purposes of this subsection, the term 
``underreporting'' means the difference between the royalty on the 
value of the production that should have been reported and the royalty 
on the value of the production which was reported, if the value that 
should have been reported is greater than the value that was reported.
    (4) The Secretary may waive or reduce the assessment provided in 
paragraph (2) of this subsection if the person liable for royalty 
payments under this section corrects the underreporting before the date 
such person receives notice from the Secretary that an underreporting 
may have occurred, or before 90 days after the date of the enactment of 
this section, whichever is later.
    (5) The Secretary shall waive any portion of an assessment under 
paragraph (2) of this subsection attributable to that portion of the 
underreporting for which the person responsible for paying the royalty 
demonstrates that--
            (A) such person had written authorization from the 
        Secretary to report royalty on the value of the production on 
        basis on which it was reported;
            (B) such person had substantial authority for reporting 
        royalty on the value of the production on the basis on which it 
        was reported;
            (C) such person previously had notified the Secretary, in 
        such manner as the Secretary may by rule prescribe, of relevant 
        reasons or facts affecting the royalty treatment of specific 
        production which led to the underreporting; or
            (D) such person meets any other exception which the 
        Secretary may, by rule, establish.
    (6) All penalties collected under this subsection shall be 
deposited in the Locatable Minerals Fund established under title IV.
    (g) Delegation.--For the purposes of this section, the term 
``Secretary'' means the Secretary of the Interior acting through the 
Director of the Minerals Management Service.
    (h) Expanded Royalty Obligations.--Each person liable for royalty 
payments under this section shall be jointly and severally liable for 
royalty on all locatable minerals, concentrates, or products derived 
therefrom lost or wasted from a mining claim located under the general 
mining laws and maintained in compliance with this Act when such loss 
or waste is due to negligence on the part of any person or due to the 
failure to comply with any rule, regulation, or order issued under this 
section.
    (i) Gross Income From Mining Defined.--For the purposes of this 
section, for any locatable mineral, the term ``gross income from 
mining'' has the same meaning as the term ``gross income'' in section 
613(c) of the Internal Revenue Code of 1986.
    (j) Effective Date.--The royalty under this section shall take 
effect with respect to the production of locatable minerals after the 
enactment of this Act, but any royalty payments attributable to 
production during the first 12 calendar months after the enactment of 
this Act shall be payable at the expiration of such 12-month period.
    (k) Failure To Comply With Royalty Requirements.--Any person who 
fails to comply with the requirements of this section or any regulation 
or order issued to implement this section shall be liable for a civil 
penalty under section 109 of the Federal Oil and Gas Royalty Management 
Act (30 U.S.C. 1719) to the same extent as if the claim located under 
the general mining laws and maintained in compliance with this Act were 
a lease under that Act.

SEC. 103. HARDROCK MINING CLAIM MAINTENANCE FEE.

    (a) Fee.--
            (1) Except as provided in section 2511(e)(2) of the Energy 
        Policy Act of 1992 (relating to oil shale claims), for each 
        unpatented mining claim, mill or tunnel site on federally owned 
        lands, whether located before, on, or after enactment of this 
        Act, each claimant shall pay to the Secretary, on or before 
        August 31 of each year, a claim maintenance fee of $150 per 
        claim to hold such unpatented mining claim, mill or tunnel site 
        for the assessment year beginning at noon on the next day, 
        September 1. Such claim maintenance fee shall be in lieu of the 
        assessment work requirement contained in the Mining Law of 1872 
        (30 U.S.C. 28 et seq.) and the related filing requirements 
        contained in section 314(a) and (c) of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1744(a) and (c)).
            (2)(A) The claim maintenance fee required under this 
        subsection shall be waived for a claimant who certifies in 
        writing to the Secretary that on the date the payment was due, 
        the claimant and all related parties--
                    (i) held not more than 10 mining claims, mill 
                sites, or tunnel sites, or any combination thereof, on 
                public lands; and
                    (ii) have performed assessment work required under 
                the Mining Law of 1872 (30 U.S.C. 28 et seq.) to 
                maintain the mining claims held by the claimant and 
                such related parties for the assessment year ending on 
                noon of September 1 of the calendar year in which 
                payment of the claim maintenance fee was due.
            (B) For purposes of subparagraph (A), with respect to any 
        claimant, the term ``all related parties'' means--
                    (i) the spouse and dependent children (as defined 
                in section 152 of the Internal Revenue Code of 1986), 
                of the claimant; or
                    (ii) a person affiliated with the claimant, 
                including--
                            (I) a person controlled by, controlling, or 
                        under common control with the claimant; or
                            (II) a subsidiary or parent company or 
                        corporation of the claimant.
            (3)(A) The Secretary shall adjust the fees required by this 
        subsection to reflect changes in the Consumer Price Index 
        published by the Bureau of Labor Statistics of the Department 
        of Labor every 5 years after the date of enactment of this Act, 
        or more frequently if the Secretary determines an adjustment to 
        be reasonable.
            (B) The Secretary shall provide claimants notice of any 
        adjustment made under this paragraph not later than July 1 of 
        any year in which the adjustment is made.
            (C) A fee adjustment under this paragraph shall begin to 
        apply the calendar year following the calendar year in which it 
        is made.
            (4) Moneys received under this subsection that are not 
        otherwise allocated for the administration of the mining laws 
        by the Department of the Interior shall be deposited in the 
        Locatable Minerals Fund established by this Act.
    (b) Location.--
            (1) Notwithstanding any provision of law, for every 
        unpatented mining claim, mill or tunnel site located after the 
        date of enactment of this Act and before September 30, 1998, 
        the locator shall, at the time the location notice is recorded 
        with the Bureau of Land Management, pay to the Secretary a 
        location fee, in addition to the fee required by subsection (a) 
        of $50 per claim.
            (2) Moneys received under this subsection that are not 
        otherwise allocated for the administration of the mining laws 
        by the Department of the Interior shall be deposited in the 
        Locatable Minerals Fund established by this Act.
    (c) Co-Ownership.--The co-ownership provisions of the Mining Law of 
1872 (30 U.S.C. 28 et seq.) will remain in effect except that the 
annual claim maintenance fee, where applicable, shall replace 
applicable assessment requirements and expenditures.
    (d) Failure To Pay.--Failure to pay the claim maintenance fee as 
required by subsection (a) shall conclusively constitute a forfeiture 
of the unpatented mining claim, mill or tunnel site by the claimant and 
the claim shall be deemed null and void by operation of law.
    (e) Other Requirements.--
            (1) Nothing in this section shall change or modify the 
        requirements of section 314(b) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1744(b)), or the requirements 
        of section 314(c) of the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1744(c)) related to filings required by 
        section 314(b), which remain in effect.
            (2) Section 2324 of the Revised Statutes of the United 
        States (30 U.S.C. 28) is amended by inserting ``or section 
        103(a) of the Hardrock Mining and Reclamation Act of 2009'' 
        after ``Act of 1993''.

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

    Timely payment of the claim maintenance fee required by section 103 
of this Act or any related law relating to the use of Federal land, 
asserts the claimant's authority to use and occupy the Federal land 
concerned for prospecting and exploration, consistent with the 
requirements of this Act and other applicable law.

                 TITLE II--PROTECTION OF SPECIAL PLACES

SEC. 201. LANDS OPEN TO LOCATION.

    (a) Lands Open to Location.--Except as provided in subsection (b), 
mining claims may be located under the general mining laws only on such 
lands and interests as were open to the location of mining claims under 
the general mining laws immediately before the enactment of this Act.
    (b) Lands Not Open to Location.--Notwithstanding any other 
provision of law and subject to valid existing rights, each of the 
following shall not be open to the location of mining claims under the 
general mining laws on or after the date of enactment of this Act:
            (1) Wilderness study areas.
            (2) Areas of critical environmental concern.
            (3) Areas designated for inclusion in the National Wild and 
        Scenic Rivers System pursuant to the Wild and Scenic Rivers Act 
        (16 U.S.C. 1271 et seq.), areas designated for potential 
        addition to such system pursuant to section 5(a) of that Act 
        (16 U.S.C. 1276(a)), and areas determined to be eligible for 
        inclusion in such system pursuant to section 5(d) of such Act 
        (16 U.S.C. 1276(d)).
            (4) Any area identified in the set of inventoried roadless 
        areas maps contained in the Forest Service Roadless Area 
        Conservation Final Environmental Impact Statement, Volume 2, 
        dated November 2000.
    (c) Existing Authority Not Affected.--Nothing in this Act limits 
the authority granted the Secretary in section 204 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1714) to withdraw public 
lands.

SEC. 202. WITHDRAWAL PETITIONS BY STATES, POLITICAL SUBDIVISIONS, AND 
              INDIAN TRIBES.

    (a) In General.--Subject to valid existing rights, any State or 
political subdivision of a State or an Indian tribe may submit a 
petition to the Secretary for the withdrawal of a specific tract of 
Federal land from the operation of the general mining laws, in order to 
protect specific values identified in the petition that are important 
to the State or political subdivision or Indian tribe. Such values may 
include the value of a watershed to supply drinking water, wildlife 
habitat value, cultural or historic resources, or value for scenic 
vistas important to the local economy, and other similar values. In the 
case of an Indian tribe, the petition may also identify religious or 
cultural values that are important to the Indian tribe. The petition 
shall contain the information required by section 204 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1714).
    (b) Consideration of Petition.--The Secretary--
            (1) shall solicit public comment on the petition;
            (2) shall make a final decision on the petition within 180 
        days after receiving it; and
            (3) shall grant the petition subject to valid existing 
        rights, unless the Secretary makes and publishes in the Federal 
        Register specific findings why a decision to grant the petition 
        would be against the national interest.

  TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND 
                              DEVELOPMENT

SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON FEDERAL LAND.

    Notwithstanding section 302(b) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1732(b)), the first section of the 
Act of June 4, 1897 (chapter 2; 30 Stat. 36 16 U.S.C. 478), and the 
National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), and in 
accordance with this title and applicable law, unless expressly stated 
otherwise in this Act, the Secretary--
            (1) shall ensure that mineral activities on any Federal 
        land that is subject to a mining claim, millsite claim, or 
        tunnel site claim is carefully controlled to prevent undue 
        degradation of public lands and resources; and
            (2) shall not grant permission to engage in mineral 
        activities if the Secretary, after considering the evidence, 
        makes and publishes in the Federal Register a determination 
        that undue degradation would result from such activities.

SEC. 302. PERMITS.

    (a) Permits Required.--No person may engage in mineral activities 
on Federal land that may cause a disturbance of surface resources, 
including but not limited to land, air, ground water and surface water, 
and fish and wildlife, unless--
            (1) the claim was properly located under the general mining 
        laws and maintained in compliance with such laws and this Act; 
        and
            (2) a permit was issued to such person under this title 
        authorizing such activities.
    (b) Negligible Disturbance.--Notwithstanding subsection (a)(2), a 
permit under this title shall not be required for mineral activities 
that are a casual use of the Federal land.
    (c) Coordination With NEPA Process.--To the extent practicable, the 
Secretary and the Secretary of Agriculture shall conduct the permit 
processes under this Act in coordination with the timing and other 
requirements under section 102 of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332).

SEC. 303. EXPLORATION PERMIT.

    (a) Authorized Exploration Activity.--Any claim holder may apply 
for an exploration permit for any mining claim authorizing the claim 
holder to remove a reasonable amount of the locatable minerals from the 
claim for analysis, study and testing. Such permit shall not authorize 
the claim holder to remove any mineral for sale nor to conduct any 
activities other than those required for exploration for locatable 
minerals and reclamation.
    (b) Permit Application Requirements.--An application for an 
exploration permit under this section shall be submitted in a manner 
satisfactory to the Secretary or, for National Forest System lands, the 
Secretary of Agriculture, and shall contain an exploration plan, a 
reclamation plan for the proposed exploration, and such documentation 
as necessary to ensure compliance with applicable Federal and State 
environmental laws and regulations.
    (c) Reclamation Plan Requirements.--The reclamation plan required 
to be included in a permit application under subsection (b) shall 
include such provisions as may be jointly prescribed by the Secretary 
and the Secretary of Agriculture.
    (d) Permit Issuance or Denial.--The Secretary, or for National 
Forest System lands, the Secretary of Agriculture, shall issue an 
exploration permit pursuant to an application under this section unless 
such Secretary makes any of the following determinations:
            (1) The permit application, the exploration plan and 
        reclamation plan are not complete and accurate.
            (2) The applicant has not demonstrated that proposed 
        reclamation can be accomplished.
            (3) The proposed exploration activities and condition of 
        the land after the completion of exploration activities and 
        final reclamation would not conform with the land use plan 
        applicable to the area subject to mineral activities.
            (4) The area subject to the proposed permit is included 
        within an area not open to location under section 201.
            (5) The applicant has not demonstrated that the exploration 
        plan and reclamation plan will be in compliance with the 
        requirements of this Act and all other applicable Federal 
        requirements, and any State requirements agreed to by the 
        Secretary of the Interior (or Secretary of Agriculture, as 
        appropriate).
            (6) The applicant has not demonstrated that the 
        requirements of section 306 (relating to financial assurance) 
        will be met.
            (7) The applicant is eligible to receive a permit under 
        section 305.
    (e) Term of Permit.--An exploration permit shall be for a stated 
term. The term shall be no greater than that necessary to accomplish 
the proposed exploration, and in no case for more than 10 years.
    (f) Permit Modification.--During the term of an exploration permit 
the permit holder may submit an application to modify the permit. To 
approve a proposed modification to the permit, the Secretary concerned 
shall make the same determinations as are required in the case of an 
original permit, except that the Secretary and the Secretary of 
Agriculture may specify by joint rule the extent to which requirements 
for initial exploration permits under this section shall apply to 
applications to modify an exploration permit based on whether such 
modifications are deemed significant or minor.
    (g) Transfer, Assignment, or Sale of Rights.--(1) No transfer, 
assignment, or sale of rights granted by a permit issued under this 
section shall be made without the prior written approval of the 
Secretary or for National Forest System lands, the Secretary of 
Agriculture.
    (2) Such Secretary shall allow a person holding a permit to 
transfer, assign, or sell rights under the permit to a successor, if 
the Secretary finds, in writing, that the successor--
            (A) is eligible to receive a permit in accordance with 
        section 304(d);
            (B) has submitted evidence of financial assurance 
        satisfactory under section 306; and
            (C) meets any other requirements specified by the 
        Secretary.
    (3) The successor in interest shall assume the liability and 
reclamation responsibilities established by the existing permit and 
shall conduct the mineral activities in full compliance with this Act, 
and the terms and conditions of the permit as in effect at the time of 
transfer, assignment, or sale.
    (4) Each application for approval of a permit transfer, assignment, 
or sale pursuant to this subsection shall be accompanied by a fee 
payable to the Secretary of the Interior in such amount as may be 
established by such Secretary. Such amount shall be equal to the actual 
or anticipated cost to the Secretary or the Secretary of Agriculture, 
as appropriate, of reviewing and approving or disapproving such 
transfer, assignment, or sale, as determined by the Secretary of the 
Interior.

SEC. 304. OPERATIONS PERMIT.

    (a) Operations Permit.--(1) Any claim holder that is in compliance 
with the general mining laws and section 103 of this Act may apply to 
the Secretary, or for National Forest System lands, the Secretary of 
Agriculture, for an operations permit authorizing the claim holder to 
carry out mineral activities, other than casual use, on--
            (A) any valid mining claim, valid millsite claim, or valid 
        tunnel site claim; and
            (B) such additional Federal land as the Secretary may 
        determine is necessary to conduct the proposed mineral 
        activities, if the operator obtains a right-of-way permit for 
        use of such additional lands under title V of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) and 
        agrees to pay all fees required under that title for the permit 
        under that title.
    (2) If the Secretary decides to issue such permit, the permit shall 
include such terms and conditions as prescribed by such Secretary to 
carry out this title.
    (b) Permit Application Requirements.--An application for an 
operations permit under this section shall be submitted in a manner 
satisfactory to the Secretary concerned and shall contain site 
characterization data, an operations plan, a reclamation plan, 
monitoring plans, long-term maintenance plans, to the extent necessary, 
and such documentation as necessary to ensure compliance with 
applicable Federal and State environmental laws and regulations. If the 
proposed mineral activities will be carried out in conjunction with 
mineral activities on adjacent non-Federal lands, information on the 
location and nature of such operations may be required by the 
Secretary.
    (c) Permit Issuance or Denial.--(1) After providing for public 
participation pursuant to subsection (i), the Secretary, or for 
National Forest System lands the Secretary of Agriculture, shall issue 
an operations permit if such Secretary makes each of the following 
determinations in writing, and shall deny a permit if such Secretary 
finds that the application and applicant do not fully meet the 
following requirements:
            (A) The permit application, including the site 
        characterization data, operations plan, and reclamation plan, 
        are complete and accurate and sufficient for developing a good 
        understanding of the anticipated impacts of the mineral 
        activities and the effectiveness of proposed mitigation and 
        control.
            (B) The applicant has demonstrated that the proposed 
        reclamation in the operation and reclamation plan can be and is 
        likely to be accomplished by the applicant and will not cause 
        undue degradation.
            (C) The condition of the land, including the fish and 
        wildlife resources and habitat contained thereon, after the 
        completion of mineral activities and final reclamation, will 
        conform to the land use plan applicable to the area subject to 
        mineral activities and are returned to a productive use.
            (D) The area subject to the proposed plan is open to 
        location for the types of mineral activities proposed.
            (E) The proposed operation has been designed to prevent 
        material damage to the hydrologic balance outside the permit 
        area.
            (F) The applicant will fully comply with the requirements 
        of section 306 (relating to financial assurance) prior to the 
        initiation of operations.
            (G) Neither the applicant nor operator, nor any subsidiary, 
        affiliate, or person controlled by or under common control with 
        the applicant or operator, is ineligible to receive a permit 
        under section 305.
            (H) The reclamation plan demonstrates that 10 years 
        following mine closure, no treatment of surface or ground water 
        for carcinogens or toxins will be required to meet water 
        quality standards at the point of discharge.
    (2) With respect to any activities specified in the reclamation 
plan referred to in subsection (b) that constitutes a removal or 
remedial action under section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.), the Secretary shall consult with the Administrator of the 
Environmental Protection Agency prior to the issuance of an operations 
permit. The Administrator shall ensure that the reclamation plan does 
not require activities that would increase the costs or likelihood of 
removal or remedial actions under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) or corrective actions under the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.).
    (d) Term of Permit; Renewal.--
            (1) An operations permit--
                    (A) shall be for a term that is no longer than the 
                shorter of--
                            (i) the period necessary to accomplish the 
                        proposed mineral activities subject to the 
                        permit; and
                            (ii) 20 years; and
                    (B) shall be renewed for an additional 20-year 
                period if the operation is in compliance with the 
                requirements of this Act and other applicable law.
            (2) Failure by the operator to commence mineral activities 
        within 2 years of the date scheduled in an operations permit 
        shall require a modification of the permit if the Secretary 
        concerned determines that modifications are necessary to comply 
        with section 201.
    (e) Permit Modification.--
            (1) During the term of an operations permit the operator 
        may submit an application to modify the permit (including the 
        operations plan or reclamation plan, or both).
            (2) The Secretary, or for National Forest System lands the 
        Secretary of Agriculture, may, at any time, require reasonable 
        modification to any operations plan or reclamation plan upon a 
        determination that the requirements of this Act cannot be met 
        if the plan is followed as approved. Such determination shall 
        be based on a written finding and subject to public notice and 
        hearing requirements established by the Secretary concerned.
            (3) A permit modification is required before changes are 
        made to the approved plan of operations, or if unanticipated 
        events or conditions exist on the mine site, including in the 
        case of--
                    (A) development of acid or toxic drainage;
                    (B) loss of springs or water supplies;
                    (C) water quantity, water quality, or other 
                resulting water impacts that are significantly 
                different than those predicted in the application;
                    (D) the need for long-term water treatment;
                    (E) significant reclamation difficulties or 
                reclamation failure;
                    (F) the discovery of significant scientific, 
                cultural, or biological resources that were not 
                addressed in the original plan; or
                    (G) the discovery of hazards to public safety.
    (f) Temporary Cessation of Operations.--(1) An operator conducting 
mineral activities under an operations permit in effect under this 
title may not temporarily cease mineral activities for a period greater 
than 180 days unless the Secretary concerned has approved such 
temporary cessation or unless the temporary cessation is permitted 
under the original permit. Any operator temporarily ceasing mineral 
activities for a period greater than 90 days under an operations permit 
issued before the date of the enactment of this Act shall submit, 
before the expiration of such 90-day period, a complete application for 
temporary cessation of operations to the Secretary concerned for 
approval unless the temporary cessation is permitted under the original 
permit.
    (2) An application for approval of temporary cessation of 
operations shall include such information required under subsection (b) 
and any other provisions prescribed by the Secretary concerned to 
minimize impacts on the environment. After receipt of a complete 
application for temporary cessation of operations such Secretary shall 
conduct an inspection of the area for which temporary cessation of 
operations has been requested.
    (3) To approve an application for temporary cessation of 
operations, the Secretary concerned shall make each of the following 
determinations:
            (A) A determination that the methods for securing surface 
        facilities and restricting access to the permit area, or 
        relevant portions thereof, will effectively ensure against 
        hazards to the health and safety of the public and fish and 
        wildlife.
            (B) A determination that reclamation is in compliance with 
        the approved reclamation plan, except in those areas 
        specifically designated in the application for temporary 
        cessation of operations for which a delay in meeting such 
        standards is necessary to facilitate the resumption of 
        operations.
            (C) A determination that the amount of financial assurance 
        filed with the permit application is sufficient to assure 
        completion of the reclamation activities identified in the 
        approved reclamation plan in the event of forfeiture.
            (D) A determination that any outstanding notices of 
        violation and cessation orders incurred in connection with the 
        plan for which temporary cessation is being requested are 
        either stayed pursuant to an administrative or judicial appeal 
        proceeding or are in the process of being abated to the 
        satisfaction of the Secretary concerned.
    (g) Permit Reviews.--The Secretary, or for National Forest System 
lands the Secretary of Agriculture, shall review each permit issued 
under this section every 10 years during the term of such permit, shall 
provide public notice of the permit review, and, based upon a written 
finding, such Secretary shall require the operator to take such actions 
as the Secretary deems necessary to assure that mineral activities 
conform to the permit, including adjustment of financial assurance 
requirements.
    (h) Transfer, Assignment, or Sale of Rights.--(1) No transfer, 
assignment, or sale of rights granted by a permit under this section 
shall be made without the prior written approval of the Secretary, or 
for National Forest System lands the Secretary of Agriculture.
    (2) The Secretary, or for National Forest System lands, the 
Secretary of Agriculture, may allow a person holding a permit to 
transfer, assign, or sell rights under the permit to a successor, if 
such Secretary finds, in writing, that the successor--
            (A) has submitted information required and is eligible to 
        receive a permit in accordance with section 305;
            (B) has submitted evidence of financial assurance 
        satisfactory under section 306; and
            (C) meets any other requirements specified by such 
        Secretary.
    (3) The successor in interest shall assume the liability and 
reclamation responsibilities established by the existing permit and 
shall conduct the mineral activities in full compliance with this Act, 
and the terms and conditions of the permit as in effect at the time of 
transfer, assignment, or sale.
    (4) Each application for approval of a permit transfer, assignment, 
or sale pursuant to this subsection shall be accompanied by a fee 
payable to the Secretary of the Interior, or for National Forest System 
lands, the Secretary of Agriculture, in such amount as may be 
established by such Secretary, or for National Forest System lands, by 
the Secretary of Agriculture. Such amount shall be equal to the actual 
or anticipated cost to the Secretary or, for National Forest System 
lands, to the Secretary of Agriculture, of reviewing and approving or 
disapproving such transfer, assignment, or sale, as determined by such 
Secretary.
    (i) Public Participation.--The Secretary of the Interior and the 
Secretary of Agriculture shall jointly promulgate regulations to ensure 
transparency and public participation in permit decisions required 
under this Act, consistent with any requirements that apply to such 
decisions under section 102 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332).

SEC. 305. PERSONS INELIGIBLE FOR PERMITS.

    (a) Current Violations.--Unless corrective action has been taken in 
accordance with subsection (c), no permit under this title shall be 
issued or transferred to an applicant if the applicant or any agent of 
the applicant, the operator (if different than the applicant) of the 
claim concerned, any claim holder (if different than the applicant) of 
the claim concerned, or any affiliate or officer or director of the 
applicant is currently in violation of any of the following:
            (1) A provision of this Act or any regulation under this 
        Act.
            (2) An applicable State or Federal toxic substance, solid 
        waste, air, water quality, or fish and wildlife conservation 
        law or regulation at any site where mining, beneficiation, or 
        processing activities are occurring or have occurred.
            (3) The Surface Mining Control and Reclamation Act of 1977 
        (30 U.S.C. 1201 et seq.) or any regulation implementing that 
        Act at any site where surface coal mining operations have 
        occurred or are occurring.
    (b) Suspension.--The Secretary, or for National Forest System lands 
the Secretary of Agriculture, shall suspend an operations permit, in 
whole or in part, if such Secretary determines that any of the entities 
described in subsection (a) were in violation of any requirement listed 
in subsection (a) at the time the permit was issued.
    (c) Correction.--(1) The Secretary, or for National Forest System 
lands the Secretary of Agriculture, may issue or reinstate a permit 
under this title if the applicant submits proof that the violation 
referred to in subsection (a) or (b) has been corrected or is in the 
process of being corrected to the satisfaction of such Secretary and 
the regulatory authority involved or if the applicant submits proof 
that the violator has filed and is presently pursuing, a direct 
administrative or judicial appeal to contest the existence of the 
violation. For purposes of this section, an appeal of any applicant's 
relationship to an affiliate shall not constitute a direct 
administrative or judicial appeal to contest the existence of the 
violation.
    (2) Any permit which is issued or reinstated based upon proof 
submitted under this subsection shall be conditionally approved or 
conditionally reinstated, as the case may be. If the violation is not 
successfully abated or the violation is upheld on appeal, the permit 
shall be suspended or revoked.
    (d) Pattern of Willful Violations.--No permit under this Act may be 
issued to any applicant if there is a demonstrated pattern of willful 
violations of the environmental protection requirements of this Act by 
the applicant, any affiliate of the applicant, or the operator or claim 
holder if different than the applicant.

SEC. 306. FINANCIAL ASSURANCE.

    (a) Financial Assurance Required.--(1) After a permit is issued 
under this title and before any exploration or operations begin under 
the permit, the operator shall file with the Secretary, or for National 
Forest System lands the Secretary of Agriculture, evidence of financial 
assurance payable to the United States. The financial assurance shall 
be provided in the form of a surety bond, a trust fund, letters of 
credits, government securities, certificates of deposit, cash, or an 
equivalent form approved by such Secretary.
    (2) The financial assurance shall cover all lands within the 
initial permit area and all affected waters that may require 
restoration, treatment, or other management as a result of mineral 
activities, and shall be extended to cover all lands and waters added 
pursuant to any permit modification made under section 303(f) (relating 
to exploration permits) or section 304(e) (relating to operations 
permits), or affected by mineral activities.
    (b) Amount.--The amount of the financial assurance required under 
this section shall be sufficient to assure the completion of 
reclamation and restoration satisfying the requirements of this Act if 
the work were to be performed by the Secretary concerned in the event 
of forfeiture, including the construction and maintenance costs for any 
treatment facilities necessary to meet Federal and State environmental 
requirements. The calculation of such amount shall take into account 
the maximum level of financial exposure which shall arise during the 
mineral activity and administrative costs associated with a government 
agency reclaiming the site.
    (c) Duration.--The financial assurance required under this section 
shall be held for the duration of the mineral activities and for an 
additional period to cover the operator's responsibility for 
reclamation, restoration, and long-term maintenance, and effluent 
treatment as specified in subsection (g).
    (d) Adjustments.--The amount of the financial assurance and the 
terms of the acceptance of the assurance may be adjusted by the 
Secretary concerned from time to time as the area requiring coverage is 
increased or decreased, or where the costs of reclamation or treatment 
change, or pursuant to section 304(f) (relating to temporary cessation 
of operations), but the financial assurance shall otherwise be in 
compliance with this section. The Secretary concerned shall review the 
financial guarantee every 3 years and as part of the permit application 
review under section 304(c).
    (e) Release.--Upon request, and after notice and opportunity for 
public comment, and after inspection by the Secretary, or for National 
Forest System lands, the Secretary of Agriculture, such Secretary may, 
after consultation with the Administrator of the Environmental 
Protection Agency, release in whole or in part the financial assurance 
required under this section if the Secretary makes both of the 
following determinations:
            (1) A determination that reclamation or restoration covered 
        by the financial assurance has been accomplished as required by 
        this Act.
            (2) A determination that the terms and conditions of any 
        other applicable Federal requirements, and State requirements 
        applicable pursuant to cooperative agreements under section 
        308, have been fulfilled.
    (f) Release Schedule.--The release referred to in subsection (e) 
shall be according to the following schedule:
            (1) After the operator has completed any required 
        backfilling, regrading, and drainage control of an area subject 
        to mineral activities and covered by the financial assurance, 
        and has commenced revegetation on the regraded areas subject to 
        mineral activities in accordance with the approved plan, that 
        portion of the total financial assurance secured for the area 
        subject to mineral activities attributable to the completed 
        activities may be released except that sufficient assurance 
        must be retained to address other required reclamation and 
        restoration needs and to assure the long-term success of the 
        revegetation.
            (2) After the operator has completed successfully all 
        remaining mineral activities and reclamation activities and all 
        requirements of the operations plan and the reclamation plan, 
        and all other requirements of this Act have been fully met, the 
        remaining portion of the financial assurance may be released.
During the period following release of the financial assurance as 
specified in paragraph (1), until the remaining portion of the 
financial assurance is released as provided in paragraph (2), the 
operator shall be required to comply with the permit issued under this 
title.
    (g) Effluent.--Notwithstanding section 307(b)(4), where any 
discharge or other water-related condition resulting from the mineral 
activities requires treatment in order to meet the applicable effluent 
limitations and water quality standards, the financial assurance shall 
include the estimated cost of maintaining such treatment for the 
projected period that will be needed after the cessation of mineral 
activities. The portion of the financial assurance attributable to such 
estimated cost of treatment shall not be released until the discharge 
has ceased for a period of 5 years, as determined by ongoing monitoring 
and testing, or, if the discharge continues, until the operator has met 
all applicable effluent limitations and water quality standards for 5 
full years without treatment.
    (h) Environmental Hazards.--If the Secretary, or for National 
Forest System lands, the Secretary of Agriculture, determines, after 
final release of financial assurance, that an environmental hazard 
resulting from the mineral activities exists, or the terms and 
conditions of the explorations or operations permit of this Act were 
not fulfilled in fact at the time of release, such Secretary shall 
issue an order under section 506 requiring the claim holder or operator 
(or any person who controls the claim holder or operator) to correct 
the condition such that applicable laws and regulations and any 
conditions from the plan of operations are met.

SEC. 307. OPERATION AND RECLAMATION.

    (a) General Rule.--(1) The operator shall restore lands subject to 
mineral activities carried out under a permit issued under this title 
to a condition capable of supporting--
            (A) the uses which such lands were capable of supporting 
        prior to surface disturbance by the operator, or
            (B) other beneficial uses which conform to applicable land 
        use plans as determined by the Secretary, or for National 
        Forest System lands, the Secretary of Agriculture.
    (2) Reclamation shall proceed as contemporaneously as practicable 
with the conduct of mineral activities. In the case of a cessation of 
mineral activities beyond that provided for as a temporary cessation 
under this Act, reclamation activities shall begin immediately.
    (b) Operation and Reclamation Standards.--The Secretary of the 
Interior and the Secretary of Agriculture shall jointly promulgate 
regulations that establish operation and reclamation standards for 
mineral activities permitted under this Act. The Secretaries may 
determine whether outcome-based performance standards or technology-
based design standards are most appropriate. The regulations shall 
address the following:
            (1) Segregation, protection, and replacement of topsoil or 
        other suitable growth medium, and the prevention, where 
        possible, of soil contamination.
            (2) Maintenance of the stability of all surface areas.
            (3) Control of sediments to prevent erosion and manage 
        drainage.
            (4) Minimization of the formation and migration of acidic, 
        alkaline, metal-bearing, or other deleterious leachate.
            (5) Reduction of the visual impact of mineral activities to 
        the surrounding topography, including as necessary pit 
        backfill.
            (6) Establishment of a diverse, effective, and permanent 
        vegetative cover of the same seasonal variety native to the 
        area affected by mineral activities, and equal in extent of 
        cover to the natural vegetation of the area.
            (7) Design and maintenance of leach operations, 
        impoundments, and excess waste according to standard 
        engineering standards to achieve and maintain stability and 
        reclamation of the site.
            (8) Removal of structures and roads and sealing of drill 
        holes.
            (9) Restoration of, or mitigation for, fish and wildlife 
        habitat disturbed by mineral activities.
            (10) Preservation of cultural, paleontological, and cave 
        resources.
            (11) Prevention and suppression of fire in the area of 
        mineral activities.
    (c) Surface or Groundwater Withdrawals.--The Secretary shall work 
with State and local governments with authority over the allocation and 
use of surface and groundwater in the area around the mine site as 
necessary to ensure that any surface or groundwater withdrawals made as 
a result of mining activities approved under this section do not cause 
undue degradation.
    (d) Special Rule.--Reclamation activities for a mining claim that 
has been forfeited, relinquished, or lapsed, or a plan that has expired 
or been revoked or suspended, shall continue subject to review and 
approval by the Secretary, or for National Forest System lands the 
Secretary of Agriculture.

SEC. 308. STATE LAW AND REGULATION.

    (a) State Law.--(1) Any reclamation, land use, environmental, or 
public health protection standard or requirement in State law or 
regulation that meets or exceeds the requirements of this Act shall not 
be construed to be inconsistent with any such standard.
    (2) Any bonding standard or requirement in State law or regulation 
that meets or exceeds the requirements of this Act shall not be 
construed to be inconsistent with such requirements.
    (3) Any inspection standard or requirement in State law or 
regulation that meets or exceeds the requirements of this Act shall not 
be construed to be inconsistent with such requirements.
    (b) Applicability of Other State Requirements.--(1) Nothing in this 
Act shall be construed as affecting any toxic substance, solid waste, 
or air or water quality, standard or requirement of any State, county, 
local, or tribal law or regulation, which may be applicable to mineral 
activities on lands subject to this Act.
    (2) Nothing in this Act shall be construed as affecting in any way 
the right of any person to enforce or protect, under applicable law, 
such person's interest in water resources affected by mineral 
activities on lands subject to this Act.
    (c) Cooperative Agreements.--(1) Any State may enter into a 
cooperative agreement with the Secretary, or for National Forest System 
lands the Secretary of Agriculture, for the purposes of such Secretary 
applying such standards and requirements referred to in subsection (a) 
and subsection (b) to mineral activities or reclamation on lands 
subject to this Act.
    (2) In such instances where the proposed mineral activities would 
affect lands not subject to this Act in addition to lands subject to 
this Act, in order to approve a plan of operations the Secretary 
concerned shall enter into a cooperative agreement with the State that 
sets forth a common regulatory framework consistent with the 
requirements of this Act for the purposes of such plan of operations. 
Any such common regulatory framework shall not negate the authority of 
the Federal Government to independently inspect mines and operations 
and bring enforcement actions for violations.
    (3) The Secretary concerned shall not enter into a cooperative 
agreement with any State under this section until after notice in the 
Federal Register and opportunity for public comment and hearing.
    (d) Prior Agreements.--Any cooperative agreement or such other 
understanding between the Secretary concerned and any State, or 
political subdivision thereof, relating to the management of mineral 
activities on lands subject to this Act that was in existence on the 
date of enactment of this Act may only continue in force until 1 year 
after the date of enactment of this Act. During such 1-year period, the 
State and the Secretary shall review the terms of the agreement and 
make changes that are necessary to be consistent with this Act.

SEC. 309. LIMITATION ON THE ISSUANCE OF PERMITS.

    No permit shall be issued under this title that authorizes mineral 
activities that would impair the land or resources of a National Park 
or a National Monument. For purposes of this section, the term 
``impair'' shall include any diminution of the affected land including 
wildlife, scenic assets, water resources, air quality, and acoustic 
qualities, or other changes that would impair a citizen's experience at 
the National Park or National Monument.

                      TITLE IV--MINING MITIGATION

                  Subtitle A--Locatable Minerals Fund

SEC. 401. ESTABLISHMENT OF FUND.

    (a) Establishment.--There is established on the books of the 
Treasury of the United States a separate account to be known as the 
Locatable Minerals Fund (hereinafter in this subtitle referred to as 
the ``Fund'').
    (b) Investment.--The Secretary shall notify the Secretary of the 
Treasury as to what portion of the Fund is not, in the Secretary's 
judgment, required to meet current withdrawals. The Secretary of the 
Treasury shall invest such portion of the Fund in public debt 
securities with maturities suitable for the needs of such Fund and 
bearing interest at rates determined by the Secretary of the Treasury, 
taking into consideration current market yields on outstanding 
marketplace obligations of the United States of comparable maturities.

SEC. 402. CONTENTS OF FUND.

    The following amounts shall be credited to the Fund:
            (1) All moneys collected pursuant to section 506 (relating 
        to enforcement) and section 504 (relating to citizens suits).
            (2) All fees received under section 304(a)(1)(B).
            (3) All donations by persons, corporations, associations, 
        and foundations for the purposes of this subtitle.
            (4) All amounts deposited in the Fund under section 102 
        (relating to royalties and penalties for underreporting).
            (5) All amounts received by the United States pursuant to 
        section 101 from issuance of patents.
            (6) All amounts received by the United States pursuant to 
        section 103 as claim maintenance and location fees minus the 
        moneys allocated for administration of the mining laws by the 
        Department of the Interior.
            (7) All income on investments under section 401(b).

SEC. 403. SUBACCOUNTS.

    There shall be in the Fund 2 subaccounts, as follows:
            (1) The Hardrock Reclamation Account, which shall consist 
        of two-thirds of the amounts credited to the Fund under section 
        402 and which shall be administered by the Secretary acting 
        through the Director of the Office of Surface Mining and 
        Enforcement.
            (2) The Hardrock Community Impact Assistance Account, which 
        shall consist of one-third of the amounts credited to the Fund 
        under section 402 and which shall be administered by the 
        Secretary acting through the Director of the Bureau of Land 
        Management.

            Subtitle B--Use of Hardrock Reclamation Account

SEC. 411. USE AND OBJECTIVES OF THE ACCOUNT.

    (a) In General.--The Secretary is authorized, subject to 
appropriations, to use moneys in the Hardrock Reclamation Account for 
the reclamation and restoration of land and water resources adversely 
affected by past mineral activities on lands the legal and beneficial 
title to which resides in the United States, land within the exterior 
boundary of any national forest system unit, or other lands described 
in subsection (d) or section 412, including any of the following:
            (1) Protecting public health and safety.
            (2) Preventing, abating, treating, and controlling water 
        pollution created by abandoned mine drainage, including in 
        river watershed areas.
            (3) Reclaiming and restoring abandoned surface and 
        underground mined areas.
            (4) Reclaiming and restoring abandoned milling and 
        processing areas.
            (5) Backfilling, sealing, or otherwise controlling, 
        abandoned underground mine entries.
            (6) Revegetating land adversely affected by past mineral 
        activities in order to prevent erosion and sedimentation, to 
        enhance wildlife habitat, and for any other reclamation 
        purpose.
            (7) Controlling of surface subsidence due to abandoned 
        underground mines.
    (b) Allocation.--Of the amounts deposited into the Hardrock 
Reclamation Account, 50 percent shall be allocated by the Secretary 
among the States within the boundaries of which occurs production of 
locatable minerals from mining claims located under the general mining 
laws and maintained in compliance with this Act, or mineral 
concentrates or products derived from locatable minerals from mining 
claims located under the general mining laws and maintained in 
compliance with this Act, as the case may be, in proportion to the 
amount of such production in each such State. Expenditures of the 
remainder of such amounts shall reflect the following priorities in the 
order stated:
            (1) The protection of public health and safety, from 
        extreme danger from the adverse effects of past mineral 
        activities, especially as relates to surface water and 
        groundwater contaminants.
            (2) The protection of public health and safety, from the 
        adverse effects of past mineral activities.
            (3) The restoration of land, water, and fish and wildlife 
        resources previously degraded by the adverse effects of past 
        mineral activities, which may include restoration activities in 
        river watershed areas.
    (c) Habitat.--Reclamation and restoration activities under this 
subtitle, particularly those identified under subsection (a)(4), shall 
include appropriate mitigation measures to provide for the continuation 
of any established habitat for wildlife in existence prior to the 
commencement of such activities.
    (d) Other Affected Lands.--Where mineral exploration, mining, 
beneficiation, processing, or reclamation activities have been carried 
out with respect to any mineral which would be a locatable mineral if 
the legal and beneficial title to the mineral were in the United 
States, if such activities directly affect lands managed by the Bureau 
of Land Management as well as other lands and if the legal and 
beneficial title to more than 50 percent of the affected lands resides 
in the United States, the Secretary is authorized, subject to 
appropriations, to use moneys in the Hardrock Reclamation Account for 
reclamation and restoration under subsection (a) for all directly 
affected lands.
    (e) Response or Removal Actions.--Reclamation and restoration 
activities under this subtitle which constitute a removal or remedial 
action under section 101 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601), shall be 
conducted with the concurrence of the Administrator of the 
Environmental Protection Agency. The Secretary and the Administrator 
shall enter into a Memorandum of Understanding to establish procedures 
for consultation, concurrence, training, exchange of technical 
expertise and joint activities under the appropriate circumstances, 
that provide assurances that reclamation or restoration activities 
under this subtitle shall not be conducted in a manner that increases 
the costs or likelihood of removal or remedial actions under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.), and that avoid oversight by multiple 
agencies to the maximum extent practicable.

SEC. 412. ELIGIBLE LANDS AND WATERS.

    (a) Eligibility.--Reclamation expenditures under this subtitle may 
only be made with respect to Federal lands or Indian lands or water 
resources that traverse or are contiguous to Federal lands or Indian 
lands where such lands or water resources have been affected by past 
mineral activities, including any of the following:
            (1) Lands and water resources which were used for, or 
        affected by, mineral activities and abandoned or left in an 
        inadequate reclamation status before the effective date of this 
        Act.
            (2) Lands for which the Secretary makes a determination 
        that there is no continuing reclamation responsibility of a 
        claim holder, operator, or other person who abandoned the site 
        prior to completion of required reclamation under State or 
        other Federal laws.
            (3) Lands for which it can be established that such lands 
        do not contain locatable minerals which could economically be 
        extracted through the reprocessing or remining of such lands, 
        unless such considerations are in conflict with the priorities 
        set forth under paragraphs (1) and (2) of section 302(b).
    (b) Specific Sites and Areas Not Eligible.--The provisions of 
section 411(d) of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1240a(d)) shall apply to expenditures made from the 
Hardrock Reclamation Account.
    (c) Inventory.--The Secretary shall prepare and maintain a publicly 
available inventory of abandoned locatable minerals mines on public 
lands and any abandoned mine on Indian lands that may be eligible for 
expenditures under this subtitle, and shall deliver a yearly report to 
the Congress on the progress in cleanup of such sites.

SEC. 413. EXPENDITURES.

    Moneys available from the Hardrock Reclamation Account may be 
expended for the purposes specified in section 411 directly by the 
Director of the Office of Surface Mining Reclamation and Enforcement. 
The Director may also make such money available for such purposes to 
the Director of the Bureau of Land Management, the Chief of the United 
States Forest Service, the Director of the National Park Service, or 
Director of the United States Fish and Wildlife Service, to any other 
agency of the United States, to an Indian tribe, or to any public 
entity that volunteers to develop and implement, and that has the 
ability to carry out, all or a significant portion of a reclamation 
program under this subtitle.

SEC. 414. AUTHORIZATION OF APPROPRIATIONS.

    Amounts credited to the Hardrock Reclamation Account are authorized 
to be appropriated for the purpose of this subtitle without fiscal year 
limitation.

    Subtitle C--Use of Hardrock Community Impact Assistance Account

SEC. 421. USE AND OBJECTIVES OF THE ACCOUNT.

    Amounts in the Hardrock Community Impact Assistance Account shall 
be available to the Secretary, subject to appropriations, to provide 
assistance for the planning, construction, and maintenance of public 
facilities and the provision of public services to States, political 
subdivisions and Indian tribes that are socially or economically 
impacted by mineral activities conducted under the general mining laws.

SEC. 422. ALLOCATION OF FUNDS.

    Moneys deposited into the Hardrock Community Impact Assistance 
Account shall be allocated by the Secretary for purposes of section 421 
among the States within the boundaries of which occurs production of 
locatable minerals from mining claims located under the general mining 
laws and maintained in compliance with this Act, or mineral 
concentrates or products derived from locatable minerals from mining 
claims located under the general mining laws and maintained in 
compliance with this Act, as the case may be, in proportion to the 
amount of such production in each such State.

          TITLE V--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

                 Subtitle A--Administrative Provisions

SEC. 501. POLICY FUNCTIONS.

    (a) Minerals Policy.--Section 101 of the Mining and Minerals Policy 
Act of 1970 (30 U.S.C. 21a) is amended--
            (1) in the first sentence by inserting before the period at 
        the end the following: ``and to ensure that mineral extraction 
        and processing not cause undue degradation of the natural and 
        cultural resources of the public lands''; and
            (2) by adding at the end thereof the following: ``It shall 
        also be the responsibility of the Secretary of Agriculture to 
        carry out the policy provisions of paragraphs (1) and (2) of 
        this section.''.
    (b) Mineral Data.--Section 5(e)(3) of the National Materials and 
Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 
1604(e)(3)) is amended by inserting before the period the following: 
``, except that for National Forest System lands the Secretary of 
Agriculture shall promptly initiate actions to improve the availability 
and analysis of mineral data in public land use decisionmaking''.

SEC. 502. USER FEES.

    (a) In General.--The Secretary and the Secretary of Agriculture may 
each establish and collect from persons subject to the requirements of 
this Act such user fees as may be necessary to reimburse the United 
States for the expenses incurred in administering such requirements. 
Fees may be assessed and collected under this section only in such 
manner as may reasonably be expected to result in an aggregate amount 
of the fees collected during any fiscal year which does not exceed the 
aggregate amount of administrative expenses referred to in this 
section.
    (b) Adjustment.--(1) The Secretary shall adjust the fees required 
by this section to reflect changes in the Consumer Price Index 
published by the Bureau of Labor Statistics of the Department of Labor 
every 5 years after the date of enactment of this Act, or more 
frequently if the Secretary determines an adjustment to be reasonable.
    (2) The Secretary shall provide claimants notice of any adjustment 
made under this subsection not later than July 1 of any year in which 
the adjustment is made.
    (3) A fee adjustment under this subsection shall begin to apply the 
calendar year following the calendar year in which it is made.

SEC. 503. INSPECTION AND MONITORING.

    (a) Inspections.--(1) The Secretary, or for National Forest System 
lands the Secretary of Agriculture, shall make inspections of mineral 
activities so as to ensure compliance with the requirements of this 
Act.
    (2) The Secretary concerned shall establish a frequency of 
inspections for mineral activities conducted under a permit issued 
under title III, but in no event shall such inspection frequency be 
less than one complete inspection per calendar quarter or, two per 
calendar quarter in the case of a permit for which the Secretary 
concerned approves an application under section 304(f) (relating to 
temporary cessation of operations). After revegetation has been 
established in accordance with a reclamation plan, such Secretary shall 
conduct annually 2 complete inspections. Such Secretary shall have the 
discretion to modify the inspection frequency for mineral activities 
that are conducted on a seasonal basis. Inspections shall continue 
under this subsection until final release of financial assurance.
    (3)(A) Any person who has reason to believe he or she is or may be 
adversely affected by mineral activities due to any violation of the 
requirements of a permit approved under this Act may request an 
inspection. The Secretary, or for National Forest System lands the 
Secretary of Agriculture, shall determine within 10 working days of 
receipt of the request whether the request states a reason to believe 
that a violation exists. If the person alleges and provides reason to 
believe that an imminent threat to the environment or danger to the 
health or safety of the public exists, the 10-day period shall be 
waived and the inspection shall be conducted immediately. When an 
inspection is conducted under this paragraph, the Secretary concerned 
shall notify the person requesting the inspection, and such person 
shall be allowed to accompany the Secretary concerned or the 
Secretary's authorized representative during the inspection. The 
Secretary shall not incur any liability for allowing such person to 
accompany an authorized representative. The identity of the person 
supplying information to the Secretary relating to a possible violation 
or imminent danger or harm shall remain confidential with the Secretary 
if so requested by that person, unless that person elects to accompany 
an authorized representative on the inspection.
    (B) The Secretaries shall, by joint rule, establish procedures for 
the review of (i) any decision by an authorized representative not to 
inspect; or (ii) any refusal by such representative to ensure that 
remedial actions are taken with respect to any alleged violation. The 
Secretary concerned shall furnish such persons requesting the review a 
written statement of the reasons for the Secretary's final disposition 
of the case.
    (b) Monitoring.--(1) The Secretary, or for National Forest System 
lands the Secretary of Agriculture, shall require all operators to 
develop and maintain a monitoring and evaluation system that shall 
identify compliance with all requirements of a permit approved under 
this Act. The Secretary concerned may require additional monitoring to 
be conducted as necessary to assure compliance with the reclamation and 
other environmental standards of this Act. Such plan must be reviewed 
and approved by the Secretary and shall become a part of the 
explorations or operations permit.
    (2) The operator shall file reports with the Secretary, or for 
National Forest System lands the Secretary of Agriculture, on a 
frequency determined by the Secretary concerned, on the results of the 
monitoring and evaluation process, except that if the monitoring and 
evaluation show a violation of the requirements of a permit approved 
under this Act, it shall be reported immediately to the Secretary 
concerned. The Secretary shall evaluate the reports submitted pursuant 
to this paragraph, and based on those reports and any necessary 
inspection shall take enforcement action pursuant to this section. Such 
reports shall be maintained by the operator and by the Secretary and 
shall be made available to the public.
    (3) The Secretary, or for National Forest System lands the 
Secretary of Agriculture, shall determine what information shall be 
reported by the operator pursuant to paragraph (3). A failure to report 
as required by the Secretary concerned shall constitute a violation of 
this Act and subject the operator to enforcement action pursuant to 
section 506.

SEC. 504. CITIZENS SUITS.

    (a) In General.--Except as provided in subsection (b), any person 
may commence a civil action on his or her own behalf to compel 
compliance--
            (1) against any person (including the Secretary or the 
        Secretary of Agriculture) who is alleged to be in violation of 
        any of the provisions of this Act or any regulation promulgated 
        pursuant to title III of this Act or any term or condition of 
        any permit issued under title III of this Act; or
            (2) against the Secretary or the Secretary of Agriculture 
        where there is alleged a failure of such Secretary to perform 
        any act or duty under this Act, or to promulgate any regulation 
        under this Act, which is not within the discretion of the 
        Secretary concerned.
The United States district courts shall have jurisdiction over actions 
brought under this section, without regard to the amount in controversy 
or the citizenship of the parties, including actions brought to apply 
any civil penalty under this Act. The district courts of the United 
States shall have jurisdiction to compel agency action unreasonably 
delayed, except that an action to compel agency action reviewable under 
section 505 may only be filed in a United States district court within 
the circuit in which such action would be reviewable under section 505.
    (b) Exceptions.--(1) No action may be commenced under subsection 
(a) before the end of the 60-day period beginning on the date the 
plaintiff has given notice in writing of such alleged violation to the 
alleged violator and the Secretary, or for National Forest System lands 
the Secretary of Agriculture, except that any such action may be 
brought immediately after such notification if the violation complained 
of constitutes an imminent threat to the environment or to the health 
or safety of the public.
    (2) No action may be brought against any person other than the 
Secretary or the Secretary of Agriculture under subsection (a)(1) if 
such Secretary has commenced and is diligently prosecuting a civil or 
criminal action in a court of the United States to require compliance.
    (3) No action may be commenced under paragraph (2) of subsection 
(a) against either Secretary to review any rule promulgated by, or to 
any permit issued or denied by such Secretary if such rule or permit 
issuance or denial is judicially reviewable under section 505 or under 
any other provision of law at any time after such promulgation, 
issuance, or denial is final.
    (c) Venue.--Venue of all actions brought under this section shall 
be determined in accordance with section 1391 of title 28, United 
States Code.
    (d) Costs.--The court, in issuing any final order in any action 
brought pursuant to this section may award costs of litigation 
(including attorney and expert witness fees) to any party whenever the 
court determines such award is appropriate. The court may, if a 
temporary restraining order or preliminary injunction is sought, 
require the filing of a bond or equivalent security in accordance with 
the Federal Rules of Civil Procedure.
    (e) Savings Clause.--Nothing in this section shall restrict any 
right which any person (or class of persons) may have under chapter 7 
of title 5, United States Code, under this section, or under any other 
statute or common law to bring an action to seek any relief against the 
Secretary or the Secretary of Agriculture or against any other person, 
including any action for any violation of this Act or of any regulation 
or permit issued under this Act or for any failure to act as required 
by law. Nothing in this section shall affect the jurisdiction of any 
court under any provision of title 28, United States Code, including 
any action for any violation of this Act or of any regulation or permit 
issued under this Act or for any failure to act as required by law.

SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Review by Secretary.--(1)(A) Any person issued a notice of 
violation or cessation order under section 506, or any person having an 
interest which is or may be adversely affected by such notice or order, 
may apply to the Secretary, or for National Forest System lands the 
Secretary of Agriculture, for review of the notice or order within 30 
days after receipt thereof, or as the case may be, within 30 days after 
such notice or order is modified, vacated, or terminated.
    (B) Any person who is subject to a penalty assessed under section 
506 may apply to the Secretary concerned for review of the assessment 
within 45 days of notification of such penalty.
    (C) Any person may apply to such Secretary for review of the 
decision within 30 days after it is made.
    (D) Pending a review by the Secretary or resolution of an 
administrative appeal, final decisions (except enforcement actions 
under section 506) shall be stayed.
    (2) The Secretary concerned shall provide an opportunity for a 
public hearing at the request of any party to the proceeding as 
specified in paragraph (1). The filing of an application for review 
under this subsection shall not operate as a stay of any order or 
notice issued under section 506.
    (3) For any review proceeding under this subsection, the Secretary 
concerned shall make findings of fact and shall issue a written 
decision incorporating therein an order vacating, affirming, modifying, 
or terminating the notice, order, or decision, or with respect to an 
assessment, the amount of penalty that is warranted. Where the 
application for review concerns a cessation order issued under section 
506 the Secretary concerned shall issue the written decision within 30 
days of the receipt of the application for review or within 30 days 
after the conclusion of any hearing referred to in paragraph (2), 
whichever is later, unless temporary relief has been granted by the 
Secretary concerned under paragraph (4).
    (4) Pending completion of any review proceedings under this 
subsection, the applicant may file with the Secretary, or for National 
Forest System lands the Secretary of Agriculture, a written request 
that the Secretary grant temporary relief from any order issued under 
section 506 together with a detailed statement giving reasons for such 
relief. The Secretary concerned shall expeditiously issue an order or 
decision granting or denying such relief. The Secretary concerned may 
grant such relief under such conditions as he or she may prescribe only 
if such relief shall not adversely affect the health or safety of the 
public or cause imminent environmental harm to land, air, or water 
resources.
    (5) The availability of review under this subsection shall not be 
construed to limit the operation of rights under section 504 (relating 
to citizen suits).
    (b) Judicial Review.--(1) Any final action by the Secretaries of 
the Interior and Agriculture in promulgating regulations to implement 
this Act, or any other final actions constituting rulemaking to 
implement this Act, shall be subject to judicial review only in the 
United States Court of Appeals for the District of Columbia. Any action 
subject to judicial review under this subsection shall be affirmed 
unless the court concludes that such action is arbitrary, capricious, 
or otherwise inconsistent with law. A petition for review of any action 
subject to judicial review under this subsection shall be filed within 
60 days from the date of such action, or after such date if the 
petition is based solely on grounds arising after the 60th day. Any 
such petition may be made by any person who commented or otherwise 
participated in the rulemaking or any person who may be adversely 
affected by the action of the Secretaries.
    (2) Final agency action under this subsection, including such final 
action on those matters described under subsection (a), shall be 
subject to judicial review in accordance with paragraph (4) and 
pursuant to section 1391 of title 28, United States Code, on or before 
60 days from the date of such final action. Any action subject to 
judicial review under this subsection shall be affirmed unless the 
court concludes that such action is arbitrary, capricious, or otherwise 
inconsistent with law.
    (3) The availability of judicial review established in this 
subsection shall not be construed to limit the operations of rights 
under section 504 (relating to citizens suits).
    (4) The court shall hear any petition or complaint filed under this 
subsection solely on the record made before the Secretary or 
Secretaries concerned. The court may affirm or vacate any order or 
decision or may remand the proceedings to the Secretary or Secretaries 
for such further action as it may direct.
    (5) The commencement of a proceeding under this section shall not, 
unless specifically ordered by the court, operate as a stay of the 
action, order, or decision of the Secretary or Secretaries concerned.
    (c) Costs.--Whenever a proceeding occurs under subsection (a) or 
(b), at the request of any person, a sum equal to the aggregate amount 
of all costs and expenses (including attorney fees) as determined by 
the Secretary or Secretaries concerned or the court to have been 
reasonably incurred by such person for or in connection with 
participation in such proceedings, including any judicial review of the 
proceeding, may be assessed against either party as the court, in the 
case of judicial review, or the Secretary or Secretaries concerned in 
the case of administrative proceedings, deems proper if it is 
determined that such party prevailed in whole or in part, achieving 
some success on the merits, and that such party made a substantial 
contribution to a full and fair determination of the issues.

SEC. 506. ENFORCEMENT.

    (a) Orders.--(1) If the Secretary, or for National Forest System 
lands the Secretary of Agriculture, or an authorized representative of 
such Secretary, determines that any person is in violation of any 
environmental protection requirement under title III or any regulation 
issued by the Secretaries to implement this Act, such Secretary or 
authorized representative shall issue to such person a notice of 
violation describing the violation and the corrective measures to be 
taken. The Secretary concerned, or the authorized representative of 
such Secretary, shall provide such person with a period of time not to 
exceed 30 days to abate the violation. Such period of time may be 
extended by the Secretary concerned upon a showing of good cause by 
such person. If, upon the expiration of time provided for such 
abatement, the Secretary concerned, or the authorized representative of 
such Secretary, finds that the violation has not been abated he or she 
shall immediately order a cessation of all mineral activities or the 
portion thereof relevant to the violation.
    (2) If the Secretary concerned, or the authorized representative of 
the Secretary concerned, determines that any condition or practice 
exists, or that any person is in violation of any requirement under a 
permit approved under this Act, and such condition, practice or 
violation is causing, or can reasonably be expected to cause--
            (A) an imminent danger to the health or safety of the 
        public; or
            (B) significant, imminent environmental harm to land, air, 
        water, or fish or wildlife resources,
such Secretary or authorized representative shall immediately order a 
cessation of mineral activities or the portion thereof relevant to the 
condition, practice, or violation.
    (3)(A) A cessation order pursuant to paragraphs (1) or (2) shall 
remain in effect until such Secretary, or authorized representative, 
determines that the condition, practice, or violation has been abated, 
or until modified, vacated or terminated by the Secretary or authorized 
representative. In any such order, the Secretary or authorized 
representative shall determine the steps necessary to abate the 
violation in the most expeditious manner possible and shall include the 
necessary measures in the order. The Secretary concerned shall require 
appropriate financial assurances to ensure that the abatement 
obligations are met.
    (B) Any notice or order issued pursuant to paragraphs (1) or (2) 
may be modified, vacated, or terminated by the Secretary concerned or 
an authorized representative of such Secretary. Any person to whom any 
such notice or order is issued shall be entitled to a hearing on the 
record.
    (4) If, after 30 days of the date of the order referred to in 
paragraph (3)(A) the required abatement has not occurred, the Secretary 
concerned shall take such alternative enforcement action against the 
claim holder or operator (or any person who controls the claim holder 
or operator) as will most likely bring about abatement in the most 
expeditious manner possible. Such alternative enforcement action may 
include, but is not necessarily limited to, seeking appropriate 
injunctive relief to bring about abatement. Nothing in this paragraph 
shall preclude the Secretary, or for National Forest System lands the 
Secretary of Agriculture, from taking alternative enforcement action 
prior to the expiration of 30 days.
    (5) If a claim holder or operator (or any person who controls the 
claim holder or operator) fails to abate a violation or defaults on the 
terms of the permit, the Secretary, or for National Forest System lands 
the Secretary of Agriculture, shall forfeit the financial assurance for 
the plan as necessary to ensure abatement and reclamation under this 
Act. The Secretary concerned may prescribe conditions under which a 
surety may perform reclamation in accordance with the approved plan in 
lieu of forfeiture.
    (6) The Secretary, or for National Forest System lands the 
Secretary of Agriculture, shall not cause forfeiture of the financial 
assurance while administrative or judicial review is pending.
    (7) In the event of forfeiture, the claim holder, operator, or any 
affiliate thereof, as appropriate as determined by the Secretary by 
rule, shall be jointly and severally liable for any remaining 
reclamation obligations under this Act.
    (b) Compliance.--The Secretary, or for National Forest System lands 
the Secretary of Agriculture, may request the Attorney General to 
institute a civil action for relief, including a permanent or temporary 
injunction or restraining order, or any other appropriate enforcement 
order, including the imposition of civil penalties, in the district 
court of the United States for the district in which the mineral 
activities are located whenever a person--
            (1) violates, fails, or refuses to comply with any order 
        issued by the Secretary concerned under subsection (a); or
            (2) interferes with, hinders, or delays the Secretary 
        concerned in carrying out an inspection under section 503.
Such court shall have jurisdiction to provide such relief as may be 
appropriate. Any relief granted by the court to enforce an order under 
paragraph (1) shall continue in effect until the completion or final 
termination of all proceedings for review of such order unless the 
district court granting such relief sets it aside.
    (c) Delegation.--Notwithstanding any other provision of law, the 
Secretary may utilize personnel of the Office of Surface Mining 
Reclamation and Enforcement to ensure compliance with the requirements 
of this Act.
    (d) Penalties.--(1) Any person who fails to comply with any 
requirement of a permit approved under this Act or any regulation 
issued by the Secretaries to implement this Act shall be liable for a 
penalty of not more than $25,000 per violation. Each day of violation 
may be deemed a separate violation for purposes of penalty assessments.
    (2) A person who fails to correct a violation for which a cessation 
order has been issued under subsection (a) within the period permitted 
for its correction shall be assessed a civil penalty of not less than 
$1,000 per violation for each day during which such failure continues.
    (3) Whenever a corporation is in violation of a requirement of a 
permit approved under this Act or any regulation issued by the 
Secretaries to implement this Act or fails or refuses to comply with an 
order issued under subsection (a), any director, officer, or agent of 
such corporation who knowingly authorized, ordered, or carried out such 
violation, failure, or refusal shall be subject to the same penalties 
as may be imposed upon the person referred to in paragraph (1).
    (e) Suspensions or Revocations.--The Secretary, or for National 
Forest System lands the Secretary of Agriculture, shall suspend or 
revoke a permit issued under title III, in whole or in part, if the 
operator--
            (1) knowingly made or knowingly makes any false, 
        inaccurate, or misleading material statement in any mining 
        claim, notice of location, application, record, report, plan, 
        or other document filed or required to be maintained under this 
        Act;
            (2) fails to abate a violation covered by a cessation order 
        issued under subsection (a);
            (3) fails to comply with an order of the Secretary 
        concerned;
            (4) refuses to permit an audit pursuant to this Act;
            (5) fails to maintain an adequate financial assurance under 
        section 306;
            (6) fails to pay claim maintenance fees or other moneys due 
        and owing under this Act; or
            (7) with regard to plans conditionally approved under 
        section 305(c)(2), fails to abate a violation to the 
        satisfaction of the Secretary concerned, or if the validity of 
        the violation is upheld on the appeal which formed the basis 
        for the conditional approval.
    (f) False Statements; Tampering.--Any person who knowingly--
            (1) makes any false material statement, representation, or 
        certification in, or omits or conceals material information 
        from, or unlawfully alters, any mining claim, notice of 
        location, application, record, report, plan, or other documents 
        filed or required to be maintained under this Act; or
            (2) falsifies, tampers with, renders inaccurate, or fails 
        to install any monitoring device or method required to be 
        maintained under this Act,
shall upon conviction, be punished by a fine of not more than $10,000, 
or by imprisonment for not more than 2 years, or by both. If a 
conviction of a person is for a violation committed after a first 
conviction of such person under this subsection, punishment shall be by 
a fine of not more than $20,000 per day of violation, or by 
imprisonment of not more than 4 years, or both. Each day of continuing 
violation may be deemed a separate violation for purposes of penalty 
assessments.
    (g) Knowing Violations.--Any person who knowingly--
            (1) engages in mineral activities without a permit required 
        under title III; or
            (2) violates any other requirement of a permit issued under 
        this Act, or any condition or limitation thereof,
shall upon conviction be punished by a fine of not less than $5,000 nor 
more than $50,000 per day of violation, or by imprisonment for not more 
than 3 years, or both. If a conviction of a person is for a violation 
committed after the first conviction of such person under this 
subsection, punishment shall be a fine of not less than $10,000 per day 
of violation, or by imprisonment of not more than 6 years, or both.
    (h) Knowing and Willful Violations.--Any person who knowingly and 
willfully commits an act for which a civil penalty is provided in 
paragraph (1) of subsection (g) shall, upon conviction, be punished by 
a fine of not more than $50,000, or by imprisonment for not more than 2 
years, or both.
    (i) Definition.--For purposes of this section, the term ``person'' 
includes any officer, agent, or employee of a person.

SEC. 507. REGULATIONS.

    The Secretary and the Secretary of Agriculture shall issue such 
regulations as are necessary to implement this Act. The regulations 
implementing title II, title III, title IV, and title V that affect the 
Forest Service shall be joint regulations issued by both Secretaries, 
and shall be issued no later than 180 days after the date of enactment 
of this Act.

SEC. 508. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment of this Act, 
except as otherwise provided in this Act.

                  Subtitle B--Miscellaneous Provisions

SEC. 511. OIL SHALE CLAIMS.

    Section 2511(f) of the Energy Policy Act of 1992 (Public Law 102-
486) is amended--
            (1) by striking ``as prescribed by the Secretary''; and
            (2) by inserting before the period the following: ``in the 
        same manner as required by title II and title III of the 
        Hardrock Mining and Reclamation Act of 2009''.

SEC. 512. PURCHASING POWER ADJUSTMENT.

    The Secretary shall adjust all location fees, claim maintenance 
rates, penalty amounts, and other dollar amounts established in this 
Act for changes in the purchasing power of the dollar no less 
frequently than every 5 years following the date of enactment of this 
Act, employing the Consumer Price Index for All-Urban Consumers 
published by the Department of Labor as the basis for adjustment, and 
rounding according to the adjustment process of conditions of the 
Federal Civil Penalties Inflation Adjustment Act of 1990 (104 Stat. 
890).

SEC. 513. SAVINGS CLAUSE.

    (a) Special Application of Mining Laws.--Nothing in this Act shall 
be construed as repealing or modifying any Federal law, regulation, 
order, or land use plan, in effect prior to the date of enactment of 
this Act that prohibits or restricts the application of the general 
mining laws, including laws that provide for special management 
criteria for operations under the general mining laws as in effect 
prior to the date of enactment of this Act, to the extent such laws 
provide for protection of natural and cultural resources and the 
environment greater than required under this Act, and any such prior 
law shall remain in force and effect with respect to claims located (or 
proposed to be located) or converted under this Act. Nothing in this 
Act shall be construed as applying to or limiting mineral 
investigations, studies, or other mineral activities conducted by any 
Federal or State agency acting in its governmental capacity pursuant to 
other authority. Nothing in this Act shall affect or limit any 
assessment, investigation, evaluation, or listing pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.), or the Solid Waste Disposal Act (42 
U.S.C. 3251 et seq.).
    (b) Effect on Other Federal Laws.--The provisions of this Act shall 
supersede the general mining laws, except for those parts of the 
general mining laws respecting location of mining claims that are not 
expressly modified by this Act. Except for the general mining laws, 
nothing in this Act shall be construed as superseding, modifying, 
amending, or repealing any provision of Federal law not expressly 
superseded, modified, amended, or repealed by this Act. Nothing in this 
Act shall be construed as altering, affecting, amending, modifying, or 
changing, directly or indirectly, any law which refers to and provides 
authorities or responsibilities for, or is administered by, the 
Environmental Protection Agency or the Administrator of the 
Environmental Protection Agency, including the Federal Water Pollution 
Control Act, title XIV of the Public Health Service Act (the Safe 
Drinking Water Act), the Clean Air Act, the Pollution Prevention Act of 
1990, the Toxic Substances Control Act, the Federal Insecticide, 
Fungicide, and Rodenticide Act, the Federal Food, Drug, and Cosmetic 
Act, the Motor Vehicle Information and Cost Savings Act, the Federal 
Hazardous Substances Act, the Endangered Species Act of 1973, the 
Atomic Energy Act, the Noise Control Act of 1972, the Solid Waste 
Disposal Act, the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, the Superfund Amendments and Reauthorization 
Act of 1986, the Ocean Dumping Act, the Environmental Research, 
Development, and Demonstration Authorization Act, the Pollution 
Prosecution Act of 1990, and the Federal Facilities Compliance Act of 
1992, or any statute containing an amendment to any of such Acts. 
Nothing in this Act shall be construed as modifying or affecting any 
provision of the Native American Graves Protection and Repatriation Act 
(Public Law 101-601) or any provision of the American Indian Religious 
Freedom Act (42 U.S.C. 1996), the National Historic Preservation Act 
(16 U.S.C. 470 et seq.), and the Religious Freedom Restoration Act of 
1993 (42 U.S.C. 2000bb et seq.).
    (c) Protection of Conservation Areas.--In order to protect the 
resources and values of National Conservation System units, the 
Secretary, as appropriate, shall utilize authority under this Act and 
other applicable law to the fullest extent necessary to prevent mineral 
activities that could have an adverse impact on the resources or values 
for which such units were established.
    (d) Sovereign Immunity of Indian Tribes.--Nothing in this section 
shall be construed so as to waive the sovereign immunity of any Indian 
tribe.

SEC. 514. AVAILABILITY OF PUBLIC RECORDS.

    Copies of records, reports, inspection materials, or information 
obtained by the Secretary or the Secretary of Agriculture under this 
Act shall be made immediately available to the public, consistent with 
section 552 of title 5, United States Code, in central and sufficient 
locations in the county, multicounty, and State area of mineral 
activity or reclamation so that such items are conveniently available 
to residents in the area proposed or approved for mineral activities 
and on the Internet.

SEC. 515. MISCELLANEOUS POWERS.

    (a) In General.--In carrying out his or her duties under this Act, 
the Secretary, or for National Forest System lands the Secretary of 
Agriculture, may conduct any investigation, inspection, or other 
inquiry necessary and appropriate and may conduct, after notice, any 
hearing or audit, necessary and appropriate to carrying out his or her 
duties.
    (b) Ancillary Powers.--In connection with any hearing, inquiry, 
investigation, or audit under this Act, the Secretary, or for National 
Forest System lands the Secretary of Agriculture, is authorized to take 
any of the following actions:
            (1) Require, by special or general order, any person to 
        submit in writing such affidavits and answers to questions as 
        the Secretary concerned may reasonably prescribe, which 
        submission shall be made within such reasonable period and 
        under oath or otherwise, as may be necessary.
            (2) Administer oaths.
            (3) Require by subpoena the attendance and testimony of 
        witnesses and the production of all books, papers, records, 
        documents, matter, and materials, as such Secretary may 
        request.
            (4) Order testimony to be taken by deposition before any 
        person who is designated by such Secretary and who has the 
        power to administer oaths, and to compel testimony and the 
        production of evidence in the same manner as authorized under 
        paragraph (3) of this subsection.
            (5) Pay witnesses the same fees and mileage as are paid in 
        like circumstances in the courts of the United States.
    (c) Enforcement.--In cases of refusal to obey a subpoena served 
upon any person under this section, the district court of the United 
States for any district in which such person is found, resides, or 
transacts business, upon application by the Attorney General at the 
request of the Secretary concerned and after notice to such person, 
shall have jurisdiction to issue an order requiring such person to 
appear and produce documents before the Secretary concerned. Any 
failure to obey such order of the court may be punished by such court 
as contempt thereof and subject to a penalty of up to $10,000 a day.
    (d) Entry and Access.--Without advance notice and upon presentation 
of appropriate credentials, the Secretary, or for National Forest 
System lands the Secretary of Agriculture, or any authorized 
representative thereof--
            (1) shall have the right of entry to, upon, or through the 
        site of any claim, mineral activities, or any premises in which 
        any records required to be maintained under this Act are 
        located;
            (2) may at reasonable times, and without delay, have access 
        to records, inspect any monitoring equipment, or review any 
        method of operation required under this Act;
            (3) may engage in any work and do all things necessary or 
        expedient to implement and administer the provisions of this 
        Act;
            (4) may, on any mining claim located under the general 
        mining laws and maintained in compliance with this Act, and 
        without advance notice, stop and inspect any motorized form of 
        transportation that such Secretary has probable cause to 
        believe is carrying locatable minerals, concentrates, or 
        products derived therefrom from a claim site for the purpose of 
        determining whether the operator of such vehicle has 
        documentation related to such locatable minerals, concentrates, 
        or products derived therefrom as required by law, if such 
        documentation is required under this Act; and
            (5) may, if accompanied by any appropriate law enforcement 
        officer, or an appropriate law enforcement officer alone, stop 
        and inspect any motorized form of transportation which is not 
        on a claim site if he or she has probable cause to believe such 
        vehicle is carrying locatable minerals, concentrates, or 
        products derived therefrom from a claim site on Federal lands 
        or allocated to such claim site. Such inspection shall be for 
        the purpose of determining whether the operator of such vehicle 
        has the documentation required by law, if such documentation is 
        required under this Act.

SEC. 516. MULTIPLE MINERAL DEVELOPMENT AND SURFACE RESOURCES.

    The provisions of sections 4 and 6 of the Act of August 13, 1954 
(30 U.S.C. 524 and 526), commonly known as the Multiple Minerals 
Development Act, and the provisions of section 4 of the Act of July 23, 
1955 (30 U.S.C. 612), shall apply to all mining claims located under 
the general mining laws and maintained in compliance with such laws and 
this Act.

SEC. 517. MINERAL MATERIALS.

    (a) Determinations.--Section 3 of the Act of July 23, 1955 (30 
U.S.C. 611), is amended--
            (1) by inserting ``(a)'' before the first sentence;
            (2) by inserting ``mineral materials, including but not 
        limited to'' after ``varieties of'' in the first sentence;
            (3) by striking ``or cinders'' and inserting in lieu 
        thereof ``cinders, and clay''; and
            (4) by adding the following new subsection at the end 
        thereof:
    ``(b)(1) Subject to valid existing rights, after the date of 
enactment of the Hardrock Mining and Reclamation Act of 2009, 
notwithstanding the reference to common varieties in subsection (a) and 
to the exception to such term relating to a deposit of materials with 
some property giving it distinct and special value, all deposits of 
mineral materials referred to in such subsection, including the block 
pumice referred to in such subsection, shall be subject to disposal 
only under the terms and conditions of the Materials Act of 1947.
    ``(2) For purposes of paragraph (1), the term `valid existing 
rights' means that a mining claim located for any such mineral 
material--
            ``(A) had and still has some property giving it the 
        distinct and special value referred to in subsection (a), or as 
        the case may be, met the definition of block pumice referred to 
        in such subsection;
            ``(B) was properly located and maintained under the general 
        mining laws prior to the date of enactment of the Hardrock 
        Mining and Reclamation Act of 2009;
            ``(C) was supported by a discovery of a valuable mineral 
        deposit within the meaning of the general mining laws as in 
        effect immediately prior to the date of enactment of the 
        Hardrock Mining and Reclamation Act of 2009; and
            ``(D) that such claim continues to be valid under this 
        Act.''.
    (b) Mineral Materials Disposal Clarification.--Section 4 of the Act 
of July 23, 1955 (30 U.S.C. 612), is amended--
            (1) in subsection (b) by inserting ``and mineral material'' 
        after ``vegetative''; and
            (2) in subsection (c) by inserting ``and mineral material'' 
        after ``vegetative''.
    (c) Conforming Amendment.--Section 1 of the Act of July 31, 1947, 
entitled ``An Act to provide for the disposal of materials on the 
public lands of the United States'' (30 U.S.C. 601 et seq.) is amended 
by striking ``common varieties of'' in the first sentence.
    (d) Short Titles.--
            (1) Surface resources.--The Act of July 23, 1955, is 
        amended by inserting after section 7 the following new section:
    ``Sec. 8.  This Act may be cited as the `Surface Resources Act of 
1955'.''.
            (2) Mineral materials.--The Act of July 31, 1947, entitled 
        ``An Act to provide for the disposal of materials on the public 
        lands of the United States'' (30 U.S.C. 601 et seq.) is amended 
        by inserting after section 4 the following new section:
    ``Sec. 5.  This Act may be cited as the `Materials Act of 1947'.''.
    (e) Repeals.--(1) Subject to valid existing rights, the Act of 
August 4, 1892 (27 Stat. 348; 30 U.S.C. 161), commonly known as the 
Building Stone Act, is hereby repealed.
    (2) Subject to valid existing rights, the Act of January 31, 1901 
(30 U.S.C. 162), commonly known as the Saline Placer Act, is hereby 
repealed.
                                 <all>
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