I 

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. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Hardrock Mining and Reclamation Act of 2009’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions and references. 

Sec. 3. Application rules. 

TITLE I—MINERAL EXPLORATION AND DEVELOPMENT 

Sec. 101. Limitation on patents. 

Sec. 102. Royalty. 

Sec. 103. Hardrock mining claim maintenance fee. 

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

TITLE II—PROTECTION OF SPECIAL PLACES 

Sec. 201. Lands open to location. 

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

tribes. 

TITLE III—ENVIRONMENTAL CONSIDERATIONS OF MINERAL 

EXPLORATION AND DEVELOPMENT 

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

Sec. 302. Permits. 

Sec. 303. Exploration permit. 

Sec. 304. Operations permit. 

Sec. 305. Persons ineligible for permits. 

Sec. 306. Financial assurance. 

Sec. 307. Operation and reclamation. 

Sec. 308. State law and regulation. 

Sec. 309. Limitation on the issuance of permits. 

TITLE IV—MINING MITIGATION 

Subtitle A—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 


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Sec. 501. Policy functions. 

Sec. 502. User fees. 

Sec. 503. Inspection and monitoring. 

Sec. 504. Citizens suits. 

Sec. 505. Administrative and judicial review. 

Sec. 506. Enforcement. 

Sec. 507. Regulations. 

Sec. 508. Effective date. 

Subtitle B—Miscellaneous Provisions 

Sec. 511. Oil shale claims. 

Sec. 512. Purchasing power adjustment. 

Sec. 513. Savings clause. 

Sec. 514. Availability of public records. 

Sec. 515. Miscellaneous powers. 

Sec. 516. Multiple mineral development and surface resources. 

Sec. 517. Mineral materials. 

1 SEC. 2. DEFINITIONS AND REFERENCES. 

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

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

4 any person, any of the following: 

5 (A) Any person who controls, is controlled 

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

8 (B) Any partner of such person. 

9 (C) Any person owning at least 10 percent 

10 of the voting shares of such person. 

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

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

14 (3) The term ‘‘beneficiation’’ means the crush15 ing and grinding of locatable mineral ore and such 

16 processes as are employed to free the mineral from 


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1 other constituents, including but not necessarily lim2 ited to, physical and chemical separation techniques. 

3 (4) The term ‘‘casual use’’— 

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

5 means mineral activities that do not ordinarily 

6 result in any disturbance of public lands and re7 sources; 

8 (B) includes collection of geochemical, 

9 rock, soil, or mineral specimens using 

10 handtools, hand panning, or nonmotorized sluic11 ing; and 

12 (C) does not include— 

13 (i) the use of mechanized earth-mov14 ing equipment, suction dredging, or explo15 sives; 

16 (ii) the use of motor vehicles in areas 

17 closed to off-road vehicles; 

18 (iii) the construction of roads or drill 

19 pads; and 

20 (iv) the use of toxic or hazardous ma21 terials. 

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

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

24 claim located under the general mining laws and 

25 maintained in compliance with such laws and this 


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

2 holder. 

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

7 conducts mineral activities, through any means, in8 cluding without limitation, ownership interest, au9 thority to commit the entity’s real or financial as10 sets, position as a director, officer, or partner of the 

11 entity, or contractual arrangement. 

12 (7) The term ‘‘exploration’’— 

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

14 means creating surface disturbance other than 

15 casual use, to evaluate the type, extent, quan16 tity, or quality of minerals present; 

17 (B) includes mineral activities associated 

18 with sampling, drilling, and analyzing locatable 

19 mineral values; and 

20 (C) does not include extraction of mineral 

21 material for commercial use or sale. 

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

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

24 United States and open to location of mining claims 


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1 under the general mining laws and title II of this 

2 Act. 

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

4 in trust for the benefit of an Indian tribe or indi5 vidual or held by an Indian tribe or individual sub6 ject to a restriction by the United States against 

7 alienation. 

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

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

10 or community, including any Alaska Native village 

11 or regional corporation as defined in or established 

12 pursuant to the Alaska Native Claims Settlement 

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

14 eligible for the special programs and services pro15 vided by the United States to Indians because of 

16 their status as Indians. 

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

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

19 any mineral, the legal and beneficial title to 

20 which remains in the United States and that is 

21 not subject to disposition under any of— 

22 (i) the Mineral Leasing Act (30 

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

24 (ii) the Geothermal Steam Act of 

25 1970 (30 U.S.C. 1001 et seq.); 


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1 (iii) the Act of July 31, 1947, com2 monly known as the Materials Act of 1947 

3 (30 U.S.C. 601 et seq.); or 

4 (iv) the Mineral Leasing for Acquired 

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

6 (B) does not include any mineral that is 

7 subject to a restriction against alienation im8 posed by the United States and is— 

9 (i) held in trust by the United States 

10 for any Indian or Indian tribe, as defined 

11 in section 2 of the Indian Mineral Develop12 ment Act of 1982 (25 U.S.C. 2101); or 

13 (ii) owned by any Indian or Indian 

14 tribe, as defined in that section. 

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

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

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

18 exploration, mining, beneficiation, processing, or rec19 lamation activities for any locatable mineral. 

20 (13) The term ‘‘National Conservation System 

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

22 National Wildlife Refuge System, National Wild and 

23 Scenic Rivers System, or National Trails System, or 

24 a National Conservation Area, a National Recreation 


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1 Area, a National Monument, or any unit of the Na2 tional Wilderness Preservation System. 

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

4 proposing or authorized by a permit issued under 

5 this Act to conduct mineral activities and any agent 

6 of such person. 

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

8 Indian tribe, partnership, association, society, joint 

9 venture, joint stock company, firm, company, cor10 poration, cooperative, or other organization and any 

11 instrumentality of State or local government includ12 ing any publicly owned utility or publicly owned cor13 poration of State or local government. 

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

15 downstream of beneficiation employed to prepare 

16 locatable mineral ore into the final marketable prod17 uct, including but not limited to smelting and elec18 trolytic refining. 

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

20 of the Interior, unless otherwise specified. 

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

22 halt in mine-related production activities for a con23 tinuous period of no longer than 5 years. 

24 (19) The term ‘‘undue degradation’’ means ir25 reparable harm to significant scientific, cultural, or 


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1 environmental resources on public lands that cannot 

2 be effectively mitigated. 

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

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

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

6 that— 

7 (1) was properly located and maintained under 

8 the general mining laws prior to the date of enact9 ment of this Act; 

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

11 mineral deposit within the meaning of the general 

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

13 or satisfied the limitations under existing law for 

14 millsite claims; and 

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

16 (c) REFERENCES TO OTHER LAWS.—(1) Any ref17 erence in this Act to the term general mining laws is a 

18 reference to those Acts that generally comprise chapters 

19 2, 12A, and 16, and sections 161 and 162, of title 30, 

20 United States Code. 

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

22 1955, is a reference to the Act entitled ‘‘An Act to amend 

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

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


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

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

3 SEC. 3. APPLICATION RULES. 

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

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

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

7 enactment of this Act, except as provided in subsection 

8 (b). 

9 (b) PREEXISTING CLAIMS.—(1) Any unpatented min10 ing claim or millsite claim located under the general min11 ing laws before the date of enactment of this Act for which 

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

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

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

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

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

17 activities on any claim or site referred to in paragraph 

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

19 operations have not commenced prior to the date of enact20 ment of this Act— 

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

22 date of enactment of this Act, mineral activities at 

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

24 operations; 


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

2 any such plan may be made in accordance with the 

3 provisions of law applicable prior to the enactment 

4 of this Act if such modifications are deemed minor 

5 by the Secretary concerned; and 

6 (iii) the operator shall bring such mineral ac7 tivities into compliance with this Act by the end of 

8 such 10-year period. 

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

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

11 timely submitted and an approved plan expires prior to 

12 Secretarial action on the application, mineral activities 

13 and reclamation may continue in accordance with the 

14 terms of the expired plan until the Secretary makes an 

15 administrative decision on the application. 

16 (c) FEDERAL LANDS SUBJECT TO EXISTING PER17 MIT.—(1) Any Federal land shall be subject to the require18 ments of section 102(a)(2) if the land is— 

19 (A) subject to an operations permit; and 

20 (B) producing valuable locatable minerals in 

21 commercial quantities prior to the date of enactment 

22 of this Act. 

23 (2) Any Federal land added through a plan modifica24 tion to an operations permit on Federal land that is subVerDate Nov 24 2008 23:37 Jan 28, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H699.IH H699

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1 mitted after the date of enactment of this Act shall be 

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

3 (d) APPLICATION OF ACT TO BENEFICIATION AND

4 PROCESSING OF NON-FEDERAL MINERALS ON FEDERAL

5 LANDS.—The provisions of this Act (including the envi6 ronmental protection requirements of title III) shall apply 

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

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

9 beneficiation or processing activities for any mineral with10 out regard to whether or not the legal and beneficial title 

11 to the mineral is held by the United States. This sub12 section applies only to minerals that are locatable minerals 

13 or minerals that would be locatable minerals if the legal 

14 and beneficial title to such minerals were held by the 

15 United States. 

16 TITLE I—MINERAL EXPLO17 RATION AND DEVELOPMENT 

18 SEC. 101. LIMITATION ON PATENTS. 

19 (a) MINING CLAIMS.— 

20 (1) DETERMINATIONS REQUIRED.—After the 

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

22 issued by the United States for any mining claim lo23 cated under the general mining laws unless the Sec24 retary determines that, for the claim concerned— 


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1 (A) a patent application was filed with the 

2 Secretary on or before September 30, 1994; 

3 and 

4 (B) all requirements established under sec5 tions 2325 and 2326 of the Revised Statutes 

6 (30 U.S.C. 29 and 30) for vein or lode claims 

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

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

9 37) for placer claims were fully complied with 

10 by that date. 

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

12 the determinations referred to in subparagraphs (A) 

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

14 holder of the claim shall be entitled to the issuance 

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

16 such claim holder would have been entitled to prior 

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

18 determinations are withdrawn or invalidated by the 

19 Secretary or by a court of the United States. 

20 (b) MILLSITE CLAIMS.— 

21 (1) DETERMINATIONS REQUIRED.—After the 

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

23 issued by the United States for any millsite claim lo24 cated under the general mining laws unless the Sec25 retary determines that for the millsite concerned— 


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1 (A) a patent application for such land was 

2 filed with the Secretary on or before September 

3 30, 1994; and 

4 (B) all requirements applicable to such 

5 patent application were fully complied with by 

6 that date. 

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

8 the determinations referred to in subparagraphs (A) 

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

10 holder of the claim shall be entitled to the issuance 

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

12 such claim holder would have been entitled to prior 

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

14 determinations are withdrawn or invalidated by the 

15 Secretary or by a court of the United States. 

16 SEC. 102. ROYALTY. 

17 (a) RESERVATION OF ROYALTY.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2) and subject to paragraph (3), production 

20 of all locatable minerals from any mining claim lo21 cated under the general mining laws and maintained 

22 in compliance with this Act, or mineral concentrates 

23 or products derived from locatable minerals from 

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

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


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1 from mining. The claim holder or any operator to 

2 whom the claim holder has assigned the obligation 

3 to make royalty payments under the claim and any 

4 person who controls such claim holder or operator 

5 shall be liable for payment of such royalties. 

6 (2) ROYALTY FOR FEDERAL LANDS SUBJECT

7 TO EXISTING PERMIT.—The royalty under para8 graph (1) shall be 4 percent in the case of any Fed9 eral land that— 

10 (A) is subject to an operations permit on 

11 the date of the enactment of this Act; and 

12 (B) produces valuable locatable minerals in 

13 commercial quantities on the date of enactment 

14 of this Act. 

15 (3) FEDERAL LAND ADDED TO EXISTING OPER16 ATIONS PERMIT.—Any Federal land added through 

17 a plan modification to an operations permit that is 

18 submitted after the date of enactment of this Act 

19 shall be subject to the royalty that applies to Fed20 eral land under paragraph (1). 

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

22 States as royalties under this subsection shall be de23 posited into the account established under section 

24 401. 


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

2 TRANSPORTERS.—(1) A person— 

3 (A) who is required to make any royalty pay4 ment under this section shall make such payments 

5 to the United States at such times and in such man6 ner as the Secretary may by rule prescribe; and 

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

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

9 assignment that such person may have made of the 

10 obligation to make any royalty or other payment 

11 under a mining claim. 

12 (2) Any person paying royalties under this section 

13 shall file a written instrument, together with the first roy14 alty payment, affirming that such person is responsible for 

15 making proper payments for all amounts due for all time 

16 periods for which such person has a payment responsi17 bility. Such responsibility for the periods referred to in the 

18 preceding sentence shall include any and all additional 

19 amounts billed by the Secretary and determined to be due 

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

21 royalty payments under this section who assigns any pay22 ment obligation shall remain jointly and severally liable 

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

24 (3) A person conducting mineral activities shall— 


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1 (A) develop and comply with the site security 

2 provisions in the operations permit designed to pro3 tect from theft the locatable minerals, concentrates 

4 or products derived therefrom which are produced or 

5 stored on a mining claim, and such provisions shall 

6 conform with such minimum standards as the Sec7 retary may prescribe by rule, taking into account the 

8 variety of circumstances on mining claims; and 

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

10 production begins anywhere on a mining claim, or 

11 production resumes after more than 90 days after 

12 production was suspended, notify the Secretary, in 

13 the manner prescribed by the Secretary, of the date 

14 on which such production has begun or resumed. 

15 (4) The Secretary may by rule require any person en16 gaged in transporting a locatable mineral, concentrate, or 

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

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

19 documentation showing, at a minimum, the amount, ori20 gin, and intended destination of the locatable mineral, con21 centrate, or product derived therefrom in such cir22 cumstances as the Secretary determines is appropriate. 

23 (c) RECORDKEEPING AND REPORTING REQUIRE24 MENTS.—(1) A claim holder, operator, or other person di25 rectly involved in developing, producing, processing, transVerDate Nov 24 2008 23:37 Jan 28, 2009 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H699.IH H699

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1 porting, purchasing, or selling locatable minerals, con2 centrates, or products derived therefrom, subject to this 

3 Act, through the point of royalty computation shall estab4 lish and maintain any records, make any reports, and pro5 vide any information that the Secretary may reasonably 

6 require for the purposes of implementing this section or 

7 determining compliance with rules or orders under this 

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

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

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

11 technical and financial data relating to the quantity, qual12 ity, composition volume, weight, and assay of all minerals 

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

14 officer or employee duly designated by the Secretary con15 ducting an audit or investigation pursuant to this section, 

16 the appropriate records, reports, or information that may 

17 be required by this section shall be made available for in18 spection and duplication by such officer or employee. Fail19 ure by a claim holder, operator, or other person referred 

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

21 provide data required by the Secretary, or grant access 

22 to information may, at the discretion of the Secretary, re23 sult in involuntary forfeiture of the claim. 

24 (2) Records required by the Secretary under this sec25 tion shall be maintained for 7 years after release of finanVerDate Nov 24 2008 23:37 Jan 28, 2009 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H699.IH H699

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1 cial assurance under section 306 unless the Secretary noti2 fies the operator that the Secretary has initiated an audit 

3 or investigation involving such records and that such 

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

5 case when an audit or investigation is underway, records 

6 shall be maintained until the Secretary releases the oper7 ator of the obligation to maintain such records. 

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

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

10 purchasers, processors, or other persons directly or indi11 rectly involved in the production or sales of minerals cov12 ered by this Act, as the Secretary deems necessary for the 

13 purposes of ensuring compliance with the requirements of 

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

15 Secretary shall, at reasonable times and upon request, 

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

17 documents that relate to compliance with any provision 

18 of this section by any person. 

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

20 is authorized to enter into cooperative agreements with the 

21 Secretary of Agriculture to share information concerning 

22 the royalty management of locatable minerals, con23 centrates, or products derived therefrom, to carry out in24 spection, auditing, investigation, or enforcement (not in25 cluding the collection of royalties, civil or criminal penVerDate Nov 24 2008 23:37 Jan 28, 2009 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H699.IH H699

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1 alties, or other payments) activities under this section in 

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

3 activity described in this section. 

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

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

6 cooperative agreement, the Secretary of Agriculture shall, 

7 upon request, have access to all royalty accounting infor8 mation in the possession of the Secretary respecting the 

9 production, removal, or sale of locatable minerals, con10 centrates, or products derived therefrom from claims on 

11 lands open to location under this Act. 

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

13 information protected from disclosure under section 552 

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

15 Freedom of Information Act, shall be made available by 

16 the Secretary to other Federal agencies as necessary to 

17 assure compliance with this Act and other Federal laws. 

18 The Secretary, the Secretary of Agriculture, the Adminis19 trator of the Environmental Protection Agency, and other 

20 Federal officials shall ensure that such information is pro21 vided protection in accordance with the requirements of 

22 that section. 

23 (f) INTEREST AND SUBSTANTIAL UNDERREPORTING

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

25 royalty payments are not received by the Secretary on the 


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1 date that such payments are due, the Secretary shall 

2 charge interest on such underpayments at the same inter3 est rate as the rate applicable under section 6621(a)(2) 

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

5 underpayment, interest shall be computed and charged 

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

7 amount. 

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

9 production from a claim for any production month by any 

10 person liable for royalty payments under this section, the 

11 Secretary shall assess a penalty of not greater than 25 

12 percent of the amount of that underreporting. 

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

14 ‘‘underreporting’’ means the difference between the roy15 alty on the value of the production that should have been 

16 reported and the royalty on the value of the production 

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

18 reported is greater than the value that was reported. 

19 (4) The Secretary may waive or reduce the assess20 ment provided in paragraph (2) of this subsection if the 

21 person liable for royalty payments under this section cor22 rects the underreporting before the date such person re23 ceives notice from the Secretary that an underreporting 

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

25 the enactment of this section, whichever is later. 


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1 (5) The Secretary shall waive any portion of an as2 sessment under paragraph (2) of this subsection attrib3 utable to that portion of the underreporting for which the 

4 person responsible for paying the royalty demonstrates 

5 that— 

6 (A) such person had written authorization from 

7 the Secretary to report royalty on the value of the 

8 production on basis on which it was reported; 

9 (B) such person had substantial authority for 

10 reporting royalty on the value of the production on 

11 the basis on which it was reported; 

12 (C) such person previously had notified the Sec13 retary, in such manner as the Secretary may by rule 

14 prescribe, of relevant reasons or facts affecting the 

15 royalty treatment of specific production which led to 

16 the underreporting; or 

17 (D) such person meets any other exception 

18 which the Secretary may, by rule, establish. 

19 (6) All penalties collected under this subsection shall 

20 be deposited in the Locatable Minerals Fund established 

21 under title IV. 

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

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

24 acting through the Director of the Minerals Management 

25 Service. 


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1 (h) EXPANDED ROYALTY OBLIGATIONS.—Each per2 son liable for royalty payments under this section shall 

3 be jointly and severally liable for royalty on all locatable 

4 minerals, concentrates, or products derived therefrom lost 

5 or wasted from a mining claim located under the general 

6 mining laws and maintained in compliance with this Act 

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

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

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

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

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

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

13 as the term ‘‘gross income’’ in section 613(c) of the Inter14 nal Revenue Code of 1986. 

15 (j) EFFECTIVE DATE.—The royalty under this sec16 tion shall take effect with respect to the production of 

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

18 royalty payments attributable to production during the 

19 first 12 calendar months after the enactment of this Act 

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

21 (k) FAILURE TO COMPLY WITH ROYALTY REQUIRE22 MENTS.—Any person who fails to comply with the require23 ments of this section or any regulation or order issued to 

24 implement this section shall be liable for a civil penalty 

25 under section 109 of the Federal Oil and Gas Royalty 


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

2 if the claim located under the general mining laws and 

3 maintained in compliance with this Act were a lease under 

4 that Act. 

5 SEC. 103. HARDROCK MINING CLAIM MAINTENANCE FEE. 

6 (a) FEE.— 

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

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

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

10 tunnel site on federally owned lands, whether located 

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

12 claimant shall pay to the Secretary, on or before Au13 gust 31 of each year, a claim maintenance fee of 

14 $150 per claim to hold such unpatented mining 

15 claim, mill or tunnel site for the assessment year be16 ginning at noon on the next day, September 1. Such 

17 claim maintenance fee shall be in lieu of the assess18 ment work requirement contained in the Mining Law 

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

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

21 the Federal Land Policy and Management Act of 

22 1976 (43 U.S.C. 1744(a) and (c)). 

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

24 under this subsection shall be waived for a claimant 

25 who certifies in writing to the Secretary that on the 


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1 date the payment was due, the claimant and all re2 lated parties— 

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

4 mill sites, or tunnel sites, or any combination 

5 thereof, on public lands; and 

6 (ii) have performed assessment work re7 quired under the Mining Law of 1872 (30 

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

9 claims held by the claimant and such related 

10 parties for the assessment year ending on noon 

11 of September 1 of the calendar year in which 

12 payment of the claim maintenance fee was due. 

13 (B) For purposes of subparagraph (A), with re14 spect to any claimant, the term ‘‘all related parties’’ 

15 means— 

16 (i) the spouse and dependent children (as 

17 defined in section 152 of the Internal Revenue 

18 Code of 1986), of the claimant; or 

19 (ii) a person affiliated with the claimant, 

20 including— 

21 (I) a person controlled by, controlling, 

22 or under common control with the claim23 ant; or 

24 (II) a subsidiary or parent company 

25 or corporation of the claimant. 


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1 (3)(A) The Secretary shall adjust the fees re2 quired by this subsection to reflect changes in the 

3 Consumer Price Index published by the Bureau of 

4 Labor Statistics of the Department of Labor every 

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

6 more frequently if the Secretary determines an ad7 justment to be reasonable. 

8 (B) The Secretary shall provide claimants no9 tice of any adjustment made under this paragraph 

10 not later than July 1 of any year in which the ad11 justment is made. 

12 (C) A fee adjustment under this paragraph 

13 shall begin to apply the calendar year following the 

14 calendar year in which it is made. 

15 (4) Moneys received under this subsection that 

16 are not otherwise allocated for the administration of 

17 the mining laws by the Department of the Interior 

18 shall be deposited in the Locatable Minerals Fund 

19 established by this Act. 

20 (b) LOCATION.— 

21 (1) Notwithstanding any provision of law, for 

22 every unpatented mining claim, mill or tunnel site 

23 located after the date of enactment of this Act and 

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

25 time the location notice is recorded with the Bureau 


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1 of Land Management, pay to the Secretary a loca2 tion fee, in addition to the fee required by subsection 

3 (a) of $50 per claim. 

4 (2) Moneys received under this subsection that 

5 are not otherwise allocated for the administration of 

6 the mining laws by the Department of the Interior 

7 shall be deposited in the Locatable Minerals Fund 

8 established by this Act. 

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

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

11 in effect except that the annual claim maintenance fee, 

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

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

15 maintenance fee as required by subsection (a) shall conclu16 sively constitute a forfeiture of the unpatented mining 

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

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

19 (e) OTHER REQUIREMENTS.— 

20 (1) Nothing in this section shall change or mod21 ify the requirements of section 314(b) of the Federal 

22 Land Policy and Management Act of 1976 (43 

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

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


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

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

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

4 United States (30 U.S.C. 28) is amended by insert5 ing ‘‘or section 103(a) of the Hardrock Mining and 

6 Reclamation Act of 2009’’ after ‘‘Act of 1993’’. 

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

8 OF CLAIMS. 

9 Timely payment of the claim maintenance fee re10 quired by section 103 of this Act or any related law relat11 ing to the use of Federal land, asserts the claimant’s au12 thority to use and occupy the Federal land concerned for 

13 prospecting and exploration, consistent with the require14 ments of this Act and other applicable law. 

15 TITLE II—PROTECTION OF 

16 SPECIAL PLACES 

17 SEC. 201. LANDS OPEN TO LOCATION. 

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

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

20 general mining laws only on such lands and interests as 

21 were open to the location of mining claims under the gen22 eral mining laws immediately before the enactment of this 

23 Act. 

24 (b) LANDS NOT OPEN TO LOCATION.—Notwith25 standing any other provision of law and subject to valid 


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

2 the location of mining claims under the general mining 

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

4 (1) Wilderness study areas. 

5 (2) Areas of critical environmental concern. 

6 (3) Areas designated for inclusion in the Na7 tional Wild and Scenic Rivers System pursuant to 

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

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

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

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

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

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

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

15 roadless areas maps contained in the Forest Service 

16 Roadless Area Conservation Final Environmental 

17 Impact Statement, Volume 2, dated November 2000. 

18 (c) EXISTING AUTHORITY NOT AFFECTED.—Noth19 ing in this Act limits the authority granted the Secretary 

20 in section 204 of the Federal Land Policy and Manage21 ment Act of 1976 (43 U.S.C. 1714) to withdraw public 

22 lands. 


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1 SEC. 202. WITHDRAWAL PETITIONS BY STATES, POLITICAL 

2 SUBDIVISIONS, AND INDIAN TRIBES. 

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

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

5 tribe may submit a petition to the Secretary for the with6 drawal of a specific tract of Federal land from the oper7 ation of the general mining laws, in order to protect spe8 cific values identified in the petition that are important 

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

10 values may include the value of a watershed to supply 

11 drinking water, wildlife habitat value, cultural or historic 

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

13 economy, and other similar values. In the case of an In14 dian tribe, the petition may also identify religious or cul15 tural values that are important to the Indian tribe. The 

16 petition shall contain the information required by section 

17 204 of the Federal Land Policy and Management Act of 

18 1976 (43 U.S.C. 1714). 

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

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

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

22 within 180 days after receiving it; and 

23 (3) shall grant the petition subject to valid ex24 isting rights, unless the Secretary makes and pub25 lishes in the Federal Register specific findings why 


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1 a decision to grant the petition would be against the 

2 national interest. 

3 TITLE III—ENVIRONMENTAL 

4 CONSIDERATIONS OF MIN5 ERAL EXPLORATION AND DE6 VELOPMENT 

7 SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON 

8 FEDERAL LAND. 

9 Notwithstanding section 302(b) of the Federal Land 

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

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

12 30 Stat. 36 16 U.S.C. 478), and the National Forest Man13 agement Act of 1976 (16 U.S.C. 1600 et seq.), and in 

14 accordance with this title and applicable law, unless ex15 pressly stated otherwise in this Act, the Secretary— 

16 (1) shall ensure that mineral activities on any 

17 Federal land that is subject to a mining claim, mill18 site claim, or tunnel site claim is carefully controlled 

19 to prevent undue degradation of public lands and re20 sources; and 

21 (2) shall not grant permission to engage in min22 eral activities if the Secretary, after considering the 

23 evidence, makes and publishes in the Federal Reg24 ister a determination that undue degradation would 

25 result from such activities. 


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1 SEC. 302. PERMITS. 

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

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

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

6 wildlife, unless— 

7 (1) the claim was properly located under the 

8 general mining laws and maintained in compliance 

9 with such laws and this Act; and 

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

11 this title authorizing such activities. 

12 (b) NEGLIGIBLE DISTURBANCE.—Notwithstanding 

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

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

15 Federal land. 

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

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

19 in coordination with the timing and other requirements 

20 under section 102 of the National Environmental Policy 

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

22 SEC. 303. EXPLORATION PERMIT. 

23 (a) AUTHORIZED EXPLORATION ACTIVITY.—Any 

24 claim holder may apply for an exploration permit for any 

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


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

3 nor to conduct any activities other than those required for 

4 exploration for locatable minerals and reclamation. 

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

7 be submitted in a manner satisfactory to the Secretary 

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

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

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

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

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

21 application under this section unless such Secretary makes 

22 any of the following determinations: 

23 (1) The permit application, the exploration plan 

24 and reclamation plan are not complete and accurate. 


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1 (2) The applicant has not demonstrated that 

2 proposed reclamation can be accomplished. 

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

5 activities and final reclamation would not conform 

6 with the land use plan applicable to the area subject 

7 to mineral activities. 

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

9 included within an area not open to location under 

10 section 201. 

11 (5) The applicant has not demonstrated that 

12 the exploration plan and reclamation plan will be in 

13 compliance with the requirements of this Act and all 

14 other applicable Federal requirements, and any 

15 State requirements agreed to by the Secretary of the 

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

18 (6) The applicant has not demonstrated that 

19 the requirements of section 306 (relating to financial 

20 assurance) will be met. 

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

22 under section 305. 

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

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


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1 that necessary to accomplish the proposed exploration, 

2 and in no case for more than 10 years. 

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

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

7 the same determinations as are required in the case of 

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

10 to which requirements for initial exploration permits under 

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

13 deemed significant or minor. 

14 (g) TRANSFER, ASSIGNMENT, OR SALE OF

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

16 granted by a permit issued under this section shall be 

17 made without the prior written approval of the Secretary 

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

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

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

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

25 with section 304(d); 


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

3 (C) meets any other requirements specified by 

4 the Secretary. 

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

6 and reclamation responsibilities established by the existing 

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

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

10 or sale. 

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

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

14 Interior in such amount as may be established by such 

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

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

20 SEC. 304. OPERATIONS PERMIT. 

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

22 is in compliance with the general mining laws and section 

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

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


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1 operations permit authorizing the claim holder to carry 

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

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

4 or valid tunnel site claim; and 

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

7 proposed mineral activities, if the operator obtains a 

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

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

11 agrees to pay all fees required under that title for 

12 the permit under that title. 

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

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

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

18 be submitted in a manner satisfactory to the Secretary 

19 concerned and shall contain site characterization data, an 

20 operations plan, a reclamation plan, monitoring plans, 

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

22 such documentation as necessary to ensure compliance 

23 with applicable Federal and State environmental laws and 

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


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

2 of such operations may be required by the Secretary. 

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

5 the Secretary, or for National Forest System lands the 

6 Secretary of Agriculture, shall issue an operations permit 

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

9 finds that the application and applicant do not fully meet 

10 the following requirements: 

11 (A) The permit application, including the site 

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

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

17 (B) The applicant has demonstrated that the 

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

20 the applicant and will not cause undue degradation. 

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

22 and wildlife resources and habitat contained thereon, 

23 after the completion of mineral activities and final 

24 reclamation, will conform to the land use plan appliVerDate Nov 24 2008 23:37 Jan 28, 2009 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H699.IH H699

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1 cable to the area subject to mineral activities and 

2 are returned to a productive use. 

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

4 open to location for the types of mineral activities 

5 proposed. 

6 (E) The proposed operation has been designed 

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

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

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

13 subsidiary, affiliate, or person controlled by or under 

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

16 (H) The reclamation plan demonstrates that 10 

17 years following mine closure, no treatment of surface 

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

20 of discharge. 

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

23 a removal or remedial action under section 101 of the 

24 Comprehensive Environmental Response, Compensation, 

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


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

3 operations permit. The Administrator shall ensure that 

4 the reclamation plan does not require activities that would 

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

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

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

10 (d) TERM OF PERMIT; RENEWAL.— 

11 (1) An operations permit— 

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

13 than the shorter of— 

14 (i) the period necessary to accomplish 

15 the proposed mineral activities subject to 

16 the permit; and 

17 (ii) 20 years; and 

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

19 year period if the operation is in compliance 

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

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

24 in an operations permit shall require a modification 

25 of the permit if the Secretary concerned determines 


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

3 (e) PERMIT MODIFICATION.— 

4 (1) During the term of an operations permit 

5 the operator may submit an application to modify 

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

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

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

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

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

17 (3) A permit modification is required before 

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

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

21 (A) development of acid or toxic drainage; 

22 (B) loss of springs or water supplies; 

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

24 resulting water impacts that are significantly 


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1 different than those predicted in the applica2 tion; 

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

5 (E) significant reclamation difficulties or 

6 reclamation failure; 

7 (F) the discovery of significant scientific, 

8 cultural, or biological resources that were not 

9 addressed in the original plan; or 

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

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

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

15 cease mineral activities for a period greater than 180 days 

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

20 90 days under an operations permit issued before the date 

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

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


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

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

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

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

11 each of the following determinations: 

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

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

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

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

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

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

25 sufficient to assure completion of the reclamation acVerDate Nov 24 2008 23:37 Jan 28, 2009 Jkt 079200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H699.IH H699

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1 tivities identified in the approved reclamation plan in 

2 the event of forfeiture. 

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

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

7 to an administrative or judicial appeal proceeding or 

8 are in the process of being abated to the satisfaction 

9 of the Secretary concerned. 

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

12 shall review each permit issued under this section every 

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

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

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

19 (h) TRANSFER, ASSIGNMENT, OR SALE OF

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

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

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

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


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•HR 699 IH

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

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

4 (A) has submitted information required and is 

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

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

9 (C) meets any other requirements specified by 

10 such Secretary. 

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

12 and reclamation responsibilities established by the existing 

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

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

16 or sale. 

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

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

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

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

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

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


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1 Agriculture, of reviewing and approving or disapproving 

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

3 Secretary. 

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

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

7 participation in permit decisions required under this Act, 

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

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

11 SEC. 305. PERSONS INELIGIBLE FOR PERMITS. 

12 (a) CURRENT VIOLATIONS.—Unless corrective action 

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

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

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

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

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

20 of the following: 

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

22 under this Act. 

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

25 wildlife conservation law or regulation at any site 


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1 where mining, beneficiation, or processing activities 

2 are occurring or have occurred. 

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

5 regulation implementing that Act at any site where 

6 surface coal mining operations have occurred or are 

7 occurring. 

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

9 Forest System lands the Secretary of Agriculture, shall 

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

11 Secretary determines that any of the entities described in 

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

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

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

15 Forest System lands the Secretary of Agriculture, may 

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

17 submits proof that the violation referred to in subsection 

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

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

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


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

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

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

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

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

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

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

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

14 claim holder if different than the applicant. 

15 SEC. 306. FINANCIAL ASSURANCE. 

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

17 permit is issued under this title and before any exploration 

18 or operations begin under the permit, the operator shall 

19 file with the Secretary, or for National Forest System 

20 lands the Secretary of Agriculture, evidence of financial 

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

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

25 by such Secretary. 


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

3 require restoration, treatment, or other management as a 

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

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

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

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

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

15 for any treatment facilities necessary to meet Federal and 

16 State environmental requirements. The calculation of such 

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

21 (c) DURATION.—The financial assurance required 

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

23 mineral activities and for an additional period to cover the 

24 operator’s responsibility for reclamation, restoration, and 


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

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

5 may be adjusted by the Secretary concerned from time to 

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

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

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

13 review under section 304(c). 

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

15 opportunity for public comment, and after inspection by 

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

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

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

20 assurance required under this section if the Secretary 

21 makes both of the following determinations: 

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

24 accomplished as required by this Act. 


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

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

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

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

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

10 an area subject to mineral activities and covered by 

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

14 portion of the total financial assurance secured for 

15 the area subject to mineral activities attributable to 

16 the completed activities may be released except that 

17 sufficient assurance must be retained to address 

18 other required reclamation and restoration needs 

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

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

23 activities and all requirements of the operations plan 

24 and the reclamation plan, and all other requirements 


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

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

5 portion of the financial assurance is released as provided 

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

7 with the permit issued under this title. 

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

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

11 order to meet the applicable effluent limitations and water 

12 quality standards, the financial assurance shall include the 

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

15 mineral activities. The portion of the financial assurance 

16 attributable to such estimated cost of treatment shall not 

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

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

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

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

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

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


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1 mineral activities exists, or the terms and conditions of 

2 the explorations or operations permit of this Act were not 

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

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

8 of operations are met. 

9 SEC. 307. OPERATION AND RECLAMATION. 

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

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

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

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

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

20 Secretary of Agriculture. 

21 (2) Reclamation shall proceed as contemporaneously 

22 as practicable with the conduct of mineral activities. In 

23 the case of a cessation of mineral activities beyond that 

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


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1 (b) OPERATION AND RECLAMATION STANDARDS.— 

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

4 operation and reclamation standards for mineral activities 

5 permitted under this Act. The Secretaries may determine 

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

8 regulations shall address the following: 

9 (1) Segregation, protection, and replacement of 

10 topsoil or other suitable growth medium, and the 

11 prevention, where possible, of soil contamination. 

12 (2) Maintenance of the stability of all surface 

13 areas. 

14 (3) Control of sediments to prevent erosion and 

15 manage drainage. 

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

19 (5) Reduction of the visual impact of mineral 

20 activities to the surrounding topography, including 

21 as necessary pit backfill. 

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

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


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

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

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

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

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

10 wildlife habitat disturbed by mineral activities. 

11 (10) Preservation of cultural, paleontological, 

12 and cave resources. 

13 (11) Prevention and suppression of fire in the 

14 area of mineral activities. 

15 (c) SURFACE OR GROUNDWATER WITHDRAWALS.— 

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

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

21 under this section do not cause undue degradation. 

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

23 mining claim that has been forfeited, relinquished, or 

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


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1 the Secretary, or for National Forest System lands the 

2 Secretary of Agriculture. 

3 SEC. 308. STATE LAW AND REGULATION. 

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

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

8 inconsistent with any such standard. 

9 (2) Any bonding standard or requirement in State 

10 law or regulation that meets or exceeds the requirements 

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

12 such requirements. 

13 (3) Any inspection standard or requirement in State 

14 law or regulation that meets or exceeds the requirements 

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

16 such requirements. 

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

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

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

22 to mineral activities on lands subject to this Act. 

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

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

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1 sources affected by mineral activities on lands subject to 

2 this Act. 

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

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

6 of Agriculture, for the purposes of such Secretary applying 

7 such standards and requirements referred to in subsection 

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

9 on lands subject to this Act. 

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

13 plan of operations the Secretary concerned shall enter into 

14 a cooperative agreement with the State that sets forth a 

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

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

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

22 cooperative agreement with any State under this section 

23 until after notice in the Federal Register and opportunity 

24 for public comment and hearing. 


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

3 concerned and any State, or political subdivision thereof, 

4 relating to the management of mineral activities on lands 

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

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

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

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

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

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

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

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

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

20 TITLE IV—MINING MITIGATION 

21 Subtitle A—Locatable Minerals 

22 Fund 

23 SEC. 401. ESTABLISHMENT OF FUND. 

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

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1 count to be known as the Locatable Minerals Fund (here2 inafter in this subtitle referred to as the ‘‘Fund’’). 

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

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

5 is not, in the Secretary’s judgment, required to meet cur6 rent withdrawals. The Secretary of the Treasury shall in7 vest such portion of the Fund in public debt securities 

8 with maturities suitable for the needs of such Fund and 

9 bearing interest at rates determined by the Secretary of 

10 the Treasury, taking into consideration current market 

11 yields on outstanding marketplace obligations of the 

12 United States of comparable maturities. 

13 SEC. 402. CONTENTS OF FUND. 

14 The following amounts shall be credited to the Fund: 

15 (1) All moneys collected pursuant to section 

16 506 (relating to enforcement) and section 504 (relat17 ing to citizens suits). 

18 (2) All fees received under section 

19 304(a)(1)(B). 

20 (3) All donations by persons, corporations, as21 sociations, and foundations for the purposes of this 

22 subtitle. 

23 (4) All amounts deposited in the Fund under 

24 section 102 (relating to royalties and penalties for 

25 underreporting). 


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1 (5) All amounts received by the United States 

2 pursuant to section 101 from issuance of patents. 

3 (6) All amounts received by the United States 

4 pursuant to section 103 as claim maintenance and 

5 location fees minus the moneys allocated for admin6 istration of the mining laws by the Department of 

7 the Interior. 

8 (7) All income on investments under section 

9 401(b). 

10 SEC. 403. SUBACCOUNTS. 

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

12 (1) The Hardrock Reclamation Account, which 

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

14 the Fund under section 402 and which shall be ad15 ministered by the Secretary acting through the Di16 rector of the Office of Surface Mining and Enforce17 ment. 

18 (2) The Hardrock Community Impact Assist19 ance Account, which shall consist of one-third of the 

20 amounts credited to the Fund under section 402 and 

21 which shall be administered by the Secretary acting 

22 through the Director of the Bureau of Land Man23 agement. 


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1 Subtitle B—Use of Hardrock 

2 Reclamation Account 

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

4 (a) IN GENERAL.—The Secretary is authorized, sub5 ject to appropriations, to use moneys in the Hardrock Rec6 lamation Account for the reclamation and restoration of 

7 land and water resources adversely affected by past min8 eral activities on lands the legal and beneficial title to 

9 which resides in the United States, land within the exte10 rior boundary of any national forest system unit, or other 

11 lands described in subsection (d) or section 412, including 

12 any of the following: 

13 (1) Protecting public health and safety. 

14 (2) Preventing, abating, treating, and control15 ling water pollution created by abandoned mine 

16 drainage, including in river watershed areas. 

17 (3) Reclaiming and restoring abandoned surface 

18 and underground mined areas. 

19 (4) Reclaiming and restoring abandoned milling 

20 and processing areas. 

21 (5) Backfilling, sealing, or otherwise control22 ling, abandoned underground mine entries. 

23 (6) Revegetating land adversely affected by past 

24 mineral activities in order to prevent erosion and 


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1 sedimentation, to enhance wildlife habitat, and for 

2 any other reclamation purpose. 

3 (7) Controlling of surface subsidence due to 

4 abandoned underground mines. 

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

6 Hardrock Reclamation Account, 50 percent shall be allo7 cated by the Secretary among the States within the bound8 aries of which occurs production of locatable minerals 

9 from mining claims located under the general mining laws 

10 and maintained in compliance with this Act, or mineral 

11 concentrates or products derived from locatable minerals 

12 from mining claims located under the general mining laws 

13 and maintained in compliance with this Act, as the case 

14 may be, in proportion to the amount of such production 

15 in each such State. Expenditures of the remainder of such 

16 amounts shall reflect the following priorities in the order 

17 stated: 

18 (1) The protection of public health and safety, 

19 from extreme danger from the adverse effects of 

20 past mineral activities, especially as relates to sur21 face water and groundwater contaminants. 

22 (2) The protection of public health and safety, 

23 from the adverse effects of past mineral activities. 

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

25 wildlife resources previously degraded by the adverse 


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1 effects of past mineral activities, which may include 

2 restoration activities in river watershed areas. 

3 (c) HABITAT.—Reclamation and restoration activities 

4 under this subtitle, particularly those identified under sub5 section (a)(4), shall include appropriate mitigation meas6 ures to provide for the continuation of any established 

7 habitat for wildlife in existence prior to the commencement 

8 of such activities. 

9 (d) OTHER AFFECTED LANDS.—Where mineral ex10 ploration, mining, beneficiation, processing, or reclamation 

11 activities have been carried out with respect to any mineral 

12 which would be a locatable mineral if the legal and bene13 ficial title to the mineral were in the United States, if such 

14 activities directly affect lands managed by the Bureau of 

15 Land Management as well as other lands and if the legal 

16 and beneficial title to more than 50 percent of the affected 

17 lands resides in the United States, the Secretary is author18 ized, subject to appropriations, to use moneys in the 

19 Hardrock Reclamation Account for reclamation and res20 toration under subsection (a) for all directly affected 

21 lands. 

22 (e) RESPONSE OR REMOVAL ACTIONS.—Reclamation 

23 and restoration activities under this subtitle which con24 stitute a removal or remedial action under section 101 of 

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1 tion, and Liability Act of 1980 (42 U.S.C. 9601), shall 

2 be conducted with the concurrence of the Administrator 

3 of the Environmental Protection Agency. The Secretary 

4 and the Administrator shall enter into a Memorandum of 

5 Understanding to establish procedures for consultation, 

6 concurrence, training, exchange of technical expertise and 

7 joint activities under the appropriate circumstances, that 

8 provide assurances that reclamation or restoration activi9 ties under this subtitle shall not be conducted in a manner 

10 that increases the costs or likelihood of removal or reme11 dial actions under the Comprehensive Environmental Re12 sponse, Compensation, and Liability Act of 1980 (42 

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

14 agencies to the maximum extent practicable. 

15 SEC. 412. ELIGIBLE LANDS AND WATERS. 

16 (a) ELIGIBILITY.—Reclamation expenditures under 

17 this subtitle may only be made with respect to Federal 

18 lands or Indian lands or water resources that traverse or 

19 are contiguous to Federal lands or Indian lands where 

20 such lands or water resources have been affected by past 

21 mineral activities, including any of the following: 

22 (1) Lands and water resources which were used 

23 for, or affected by, mineral activities and abandoned 

24 or left in an inadequate reclamation status before 

25 the effective date of this Act. 


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1 (2) Lands for which the Secretary makes a de2 termination that there is no continuing reclamation 

3 responsibility of a claim holder, operator, or other 

4 person who abandoned the site prior to completion 

5 of required reclamation under State or other Federal 

6 laws. 

7 (3) Lands for which it can be established that 

8 such lands do not contain locatable minerals which 

9 could economically be extracted through the reproc10 essing or remining of such lands, unless such consid11 erations are in conflict with the priorities set forth 

12 under paragraphs (1) and (2) of section 302(b). 

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

14 The provisions of section 411(d) of the Surface Mining 

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

16 1240a(d)) shall apply to expenditures made from the 

17 Hardrock Reclamation Account. 

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

19 maintain a publicly available inventory of abandoned 

20 locatable minerals mines on public lands and any aban21 doned mine on Indian lands that may be eligible for ex22 penditures under this subtitle, and shall deliver a yearly 

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

24 sites. 


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1 SEC. 413. EXPENDITURES. 

2 Moneys available from the Hardrock Reclamation Ac3 count may be expended for the purposes specified in sec4 tion 411 directly by the Director of the Office of Surface 

5 Mining Reclamation and Enforcement. The Director may 

6 also make such money available for such purposes to the 

7 Director of the Bureau of Land Management, the Chief 

8 of the United States Forest Service, the Director of the 

9 National Park Service, or Director of the United States 

10 Fish and Wildlife Service, to any other agency of the 

11 United States, to an Indian tribe, or to any public entity 

12 that volunteers to develop and implement, and that has 

13 the ability to carry out, all or a significant portion of a 

14 reclamation program under this subtitle. 

15 SEC. 414. AUTHORIZATION OF APPROPRIATIONS. 

16 Amounts credited to the Hardrock Reclamation Ac17 count are authorized to be appropriated for the purpose 

18 of this subtitle without fiscal year limitation. 

19 Subtitle C—Use of Hardrock Com20 munity Impact Assistance Ac21 count 

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

23 Amounts in the Hardrock Community Impact Assist24 ance Account shall be available to the Secretary, subject 

25 to appropriations, to provide assistance for the planning, 

26 construction, and maintenance of public facilities and the 


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1 provision of public services to States, political subdivisions 

2 and Indian tribes that are socially or economically im3 pacted by mineral activities conducted under the general 

4 mining laws. 

5 SEC. 422. ALLOCATION OF FUNDS. 

6 Moneys deposited into the Hardrock Community Im7 pact Assistance Account shall be allocated by the Sec8 retary for purposes of section 421 among the States within 

9 the boundaries of which occurs production of locatable 

10 minerals from mining claims located under the general 

11 mining laws and maintained in compliance with this Act, 

12 or mineral concentrates or products derived from locatable 

13 minerals from mining claims located under the general 

14 mining laws and maintained in compliance with this Act, 

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

16 production in each such State. 

17 TITLE V—ADMINISTRATIVE AND 

18 MISCELLANEOUS PROVISIONS 

19 Subtitle A—Administrative 

20 Provisions 

21 SEC. 501. POLICY FUNCTIONS. 

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

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

24 amended— 


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

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

3 mineral extraction and processing not cause undue 

4 degradation of the natural and cultural resources of 

5 the public lands’’; and 

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

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

8 of Agriculture to carry out the policy provisions of 

9 paragraphs (1) and (2) of this section.’’. 

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

11 Materials and Minerals Policy, Research and Development 

12 Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by insert13 ing before the period the following: ‘‘, except that for Na14 tional Forest System lands the Secretary of Agriculture 

15 shall promptly initiate actions to improve the availability 

16 and analysis of mineral data in public land use decision17 making’’. 

18 SEC. 502. USER FEES. 

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

20 of Agriculture may each establish and collect from persons 

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

22 may be necessary to reimburse the United States for the 

23 expenses incurred in administering such requirements. 

24 Fees may be assessed and collected under this section only 

25 in such manner as may reasonably be expected to result 


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1 in an aggregate amount of the fees collected during any 

2 fiscal year which does not exceed the aggregate amount 

3 of administrative expenses referred to in this section. 

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

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

6 Consumer Price Index published by the Bureau of Labor 

7 Statistics of the Department of Labor every 5 years after 

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

9 the Secretary determines an adjustment to be reasonable. 

10 (2) The Secretary shall provide claimants notice of 

11 any adjustment made under this subsection not later than 

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

13 (3) A fee adjustment under this subsection shall 

14 begin to apply the calendar year following the calendar 

15 year in which it is made. 

16 SEC. 503. INSPECTION AND MONITORING. 

17 (a) INSPECTIONS.—(1) The Secretary, or for Na18 tional Forest System lands the Secretary of Agriculture, 

19 shall make inspections of mineral activities so as to ensure 

20 compliance with the requirements of this Act. 

21 (2) The Secretary concerned shall establish a fre22 quency of inspections for mineral activities conducted 

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

24 such inspection frequency be less than one complete in25 spection per calendar quarter or, two per calendar quarter 


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

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

3 temporary cessation of operations). After revegetation has 

4 been established in accordance with a reclamation plan, 

5 such Secretary shall conduct annually 2 complete inspec6 tions. Such Secretary shall have the discretion to modify 

7 the inspection frequency for mineral activities that are 

8 conducted on a seasonal basis. Inspections shall continue 

9 under this subsection until final release of financial assur10 ance. 

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

12 she is or may be adversely affected by mineral activities 

13 due to any violation of the requirements of a permit ap14 proved under this Act may request an inspection. The Sec15 retary, or for National Forest System lands the Secretary 

16 of Agriculture, shall determine within 10 working days of 

17 receipt of the request whether the request states a reason 

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

19 provides reason to believe that an imminent threat to the 

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

21 exists, the 10-day period shall be waived and the inspec22 tion shall be conducted immediately. When an inspection 

23 is conducted under this paragraph, the Secretary con24 cerned shall notify the person requesting the inspection, 

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1 retary concerned or the Secretary’s authorized representa2 tive during the inspection. The Secretary shall not incur 

3 any liability for allowing such person to accompany an au4 thorized representative. The identity of the person sup5 plying information to the Secretary relating to a possible 

6 violation or imminent danger or harm shall remain con7 fidential with the Secretary if so requested by that person, 

8 unless that person elects to accompany an authorized rep9 resentative on the inspection. 

10 (B) The Secretaries shall, by joint rule, establish pro11 cedures for the review of (i) any decision by an authorized 

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

13 representative to ensure that remedial actions are taken 

14 with respect to any alleged violation. The Secretary con15 cerned shall furnish such persons requesting the review 

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

17 disposition of the case. 

18 (b) MONITORING.—(1) The Secretary, or for Na19 tional Forest System lands the Secretary of Agriculture, 

20 shall require all operators to develop and maintain a moni21 toring and evaluation system that shall identify compli22 ance with all requirements of a permit approved under this 

23 Act. The Secretary concerned may require additional mon24 itoring to be conducted as necessary to assure compliance 

25 with the reclamation and other environmental standards 


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

2 the Secretary and shall become a part of the explorations 

3 or operations permit. 

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

5 or for National Forest System lands the Secretary of Agri6 culture, on a frequency determined by the Secretary con7 cerned, on the results of the monitoring and evaluation 

8 process, except that if the monitoring and evaluation show 

9 a violation of the requirements of a permit approved under 

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

11 concerned. The Secretary shall evaluate the reports sub12 mitted pursuant to this paragraph, and based on those 

13 reports and any necessary inspection shall take enforce14 ment action pursuant to this section. Such reports shall 

15 be maintained by the operator and by the Secretary and 

16 shall be made available to the public. 

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

18 lands the Secretary of Agriculture, shall determine what 

19 information shall be reported by the operator pursuant to 

20 paragraph (3). A failure to report as required by the Sec21 retary concerned shall constitute a violation of this Act 

22 and subject the operator to enforcement action pursuant 

23 to section 506. 


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1 SEC. 504. CITIZENS SUITS. 

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

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

4 her own behalf to compel compliance— 

5 (1) against any person (including the Secretary 

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

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

8 any regulation promulgated pursuant to title III of 

9 this Act or any term or condition of any permit 

10 issued under title III of this Act; or 

11 (2) against the Secretary or the Secretary of 

12 Agriculture where there is alleged a failure of such 

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

14 or to promulgate any regulation under this Act, 

15 which is not within the discretion of the Secretary 

16 concerned. 

17 The United States district courts shall have jurisdiction 

18 over actions brought under this section, without regard to 

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

20 including actions brought to apply any civil penalty under 

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

22 have jurisdiction to compel agency action unreasonably de23 layed, except that an action to compel agency action re24 viewable under section 505 may only be filed in a United 

25 States district court within the circuit in which such action 

26 would be reviewable under section 505. 


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

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

3 beginning on the date the plaintiff has given notice in writ4 ing of such alleged violation to the alleged violator and 

5 the Secretary, or for National Forest System lands the 

6 Secretary of Agriculture, except that any such action may 

7 be brought immediately after such notification if the viola8 tion complained of constitutes an imminent threat to the 

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

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

11 other than the Secretary or the Secretary of Agriculture 

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

13 and is diligently prosecuting a civil or criminal action in 

14 a court of the United States to require compliance. 

15 (3) No action may be commenced under paragraph 

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

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

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

19 is judicially reviewable under section 505 or under any 

20 other provision of law at any time after such promulga21 tion, issuance, or denial is final. 

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

23 section shall be determined in accordance with section 

24 1391 of title 28, United States Code. 


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

2 any action brought pursuant to this section may award 

3 costs of litigation (including attorney and expert witness 

4 fees) to any party whenever the court determines such 

5 award is appropriate. The court may, if a temporary re6 straining order or preliminary injunction is sought, require 

7 the filing of a bond or equivalent security in accordance 

8 with the Federal Rules of Civil Procedure. 

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

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

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

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

13 law to bring an action to seek any relief against the Sec14 retary or the Secretary of Agriculture or against any other 

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

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

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

18 section shall affect the jurisdiction of any court under any 

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

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

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

22 as required by law. 

23 SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW. 

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

25 issued a notice of violation or cessation order under secVerDate Nov 24 2008 23:37 Jan 28, 2009 Jkt 079200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H699.IH H699

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1 tion 506, or any person having an interest which is or 

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

3 apply to the Secretary, or for National Forest System 

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

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

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

7 is modified, vacated, or terminated. 

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

9 under section 506 may apply to the Secretary concerned 

10 for review of the assessment within 45 days of notification 

11 of such penalty. 

12 (C) Any person may apply to such Secretary for re13 view of the decision within 30 days after it is made. 

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

15 of an administrative appeal, final decisions (except en16 forcement actions under section 506) shall be stayed. 

17 (2) The Secretary concerned shall provide an oppor18 tunity for a public hearing at the request of any party 

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

20 of an application for review under this subsection shall not 

21 operate as a stay of any order or notice issued under sec22 tion 506. 

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

24 the Secretary concerned shall make findings of fact and 

25 shall issue a written decision incorporating therein an 


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1 order vacating, affirming, modifying, or terminating the 

2 notice, order, or decision, or with respect to an assess3 ment, the amount of penalty that is warranted. Where the 

4 application for review concerns a cessation order issued 

5 under section 506 the Secretary concerned shall issue the 

6 written decision within 30 days of the receipt of the appli7 cation for review or within 30 days after the conclusion 

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

9 later, unless temporary relief has been granted by the Sec10 retary concerned under paragraph (4). 

11 (4) Pending completion of any review proceedings 

12 under this subsection, the applicant may file with the Sec13 retary, or for National Forest System lands the Secretary 

14 of Agriculture, a written request that the Secretary grant 

15 temporary relief from any order issued under section 506 

16 together with a detailed statement giving reasons for such 

17 relief. The Secretary concerned shall expeditiously issue 

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

19 Secretary concerned may grant such relief under such con20 ditions as he or she may prescribe only if such relief shall 

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

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

23 resources. 


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1 (5) The availability of review under this subsection 

2 shall not be construed to limit the operation of rights 

3 under section 504 (relating to citizen suits). 

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

5 Secretaries of the Interior and Agriculture in promul6 gating regulations to implement this Act, or any other 

7 final actions constituting rulemaking to implement this 

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

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

10 action subject to judicial review under this subsection shall 

11 be affirmed unless the court concludes that such action 

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

13 A petition for review of any action subject to judicial re14 view under this subsection shall be filed within 60 days 

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

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

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

18 commented or otherwise participated in the rulemaking or 

19 any person who may be adversely affected by the action 

20 of the Secretaries. 

21 (2) Final agency action under this subsection, includ22 ing such final action on those matters described under 

23 subsection (a), shall be subject to judicial review in accord24 ance with paragraph (4) and pursuant to section 1391 of 

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


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

2 review under this subsection shall be affirmed unless the 

3 court concludes that such action is arbitrary, capricious, 

4 or otherwise inconsistent with law. 

5 (3) The availability of judicial review established in 

6 this subsection shall not be construed to limit the oper7 ations of rights under section 504 (relating to citizens 

8 suits). 

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

10 filed under this subsection solely on the record made be11 fore the Secretary or Secretaries concerned. The court 

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

13 the proceedings to the Secretary or Secretaries for such 

14 further action as it may direct. 

15 (5) The commencement of a proceeding under this 

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

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

18 Secretary or Secretaries concerned. 

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

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

21 equal to the aggregate amount of all costs and expenses 

22 (including attorney fees) as determined by the Secretary 

23 or Secretaries concerned or the court to have been reason24 ably incurred by such person for or in connection with par25 ticipation in such proceedings, including any judicial reVerDate Nov 24 2008 23:37 Jan 28, 2009 Jkt 079200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H699.IH H699

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1 view of the proceeding, may be assessed against either 

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

3 Secretary or Secretaries concerned in the case of adminis4 trative proceedings, deems proper if it is determined that 

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

6 success on the merits, and that such party made a sub7 stantial contribution to a full and fair determination of 

8 the issues. 

9 SEC. 506. ENFORCEMENT. 

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

11 Forest System lands the Secretary of Agriculture, or an 

12 authorized representative of such Secretary, determines 

13 that any person is in violation of any environmental pro14 tection requirement under title III or any regulation 

15 issued by the Secretaries to implement this Act, such Sec16 retary or authorized representative shall issue to such per17 son a notice of violation describing the violation and the 

18 corrective measures to be taken. The Secretary concerned, 

19 or the authorized representative of such Secretary, shall 

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

21 30 days to abate the violation. Such period of time may 

22 be extended by the Secretary concerned upon a showing 

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

24 time provided for such abatement, the Secretary con25 cerned, or the authorized representative of such Secretary, 


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

2 immediately order a cessation of all mineral activities or 

3 the portion thereof relevant to the violation. 

4 (2) If the Secretary concerned, or the authorized rep5 resentative of the Secretary concerned, determines that 

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

7 violation of any requirement under a permit approved 

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

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

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

11 of the public; or 

12 (B) significant, imminent environmental harm 

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

14 such Secretary or authorized representative shall imme15 diately order a cessation of mineral activities or the por16 tion thereof relevant to the condition, practice, or viola17 tion. 

18 (3)(A) A cessation order pursuant to paragraphs (1) 

19 or (2) shall remain in effect until such Secretary, or au20 thorized representative, determines that the condition, 

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

22 vacated or terminated by the Secretary or authorized rep23 resentative. In any such order, the Secretary or authorized 

24 representative shall determine the steps necessary to abate 

25 the violation in the most expeditious manner possible and 


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1 shall include the necessary measures in the order. The 

2 Secretary concerned shall require appropriate financial as3 surances to ensure that the abatement obligations are met. 

4 (B) Any notice or order issued pursuant to para5 graphs (1) or (2) may be modified, vacated, or terminated 

6 by the Secretary concerned or an authorized representa7 tive of such Secretary. Any person to whom any such no8 tice or order is issued shall be entitled to a hearing on 

9 the record. 

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

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

12 occurred, the Secretary concerned shall take such alter13 native enforcement action against the claim holder or op14 erator (or any person who controls the claim holder or op15 erator) as will most likely bring about abatement in the 

16 most expeditious manner possible. Such alternative en17 forcement action may include, but is not necessarily lim18 ited to, seeking appropriate injunctive relief to bring about 

19 abatement. Nothing in this paragraph shall preclude the 

20 Secretary, or for National Forest System lands the Sec21 retary of Agriculture, from taking alternative enforcement 

22 action prior to the expiration of 30 days. 

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

24 controls the claim holder or operator) fails to abate a vio25 lation or defaults on the terms of the permit, the SecVerDate Nov 24 2008 23:37 Jan 28, 2009 Jkt 079200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H699.IH H699

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1 retary, or for National Forest System lands the Secretary 

2 of Agriculture, shall forfeit the financial assurance for the 

3 plan as necessary to ensure abatement and reclamation 

4 under this Act. The Secretary concerned may prescribe 

5 conditions under which a surety may perform reclamation 

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

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

8 lands the Secretary of Agriculture, shall not cause for9 feiture of the financial assurance while administrative or 

10 judicial review is pending. 

11 (7) In the event of forfeiture, the claim holder, oper12 ator, or any affiliate thereof, as appropriate as determined 

13 by the Secretary by rule, shall be jointly and severally lia14 ble for any remaining reclamation obligations under this 

15 Act. 

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

17 Forest System lands the Secretary of Agriculture, may re18 quest the Attorney General to institute a civil action for 

19 relief, including a permanent or temporary injunction or 

20 restraining order, or any other appropriate enforcement 

21 order, including the imposition of civil penalties, in the dis22 trict court of the United States for the district in which 

23 the mineral activities are located whenever a person— 


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

2 order issued by the Secretary concerned under sub3 section (a); or 

4 (2) interferes with, hinders, or delays the Sec5 retary concerned in carrying out an inspection under 

6 section 503. 

7 Such court shall have jurisdiction to provide such relief 

8 as may be appropriate. Any relief granted by the court 

9 to enforce an order under paragraph (1) shall continue 

10 in effect until the completion or final termination of all 

11 proceedings for review of such order unless the district 

12 court granting such relief sets it aside. 

13 (c) DELEGATION.—Notwithstanding any other provi14 sion of law, the Secretary may utilize personnel of the Of15 fice of Surface Mining Reclamation and Enforcement to 

16 ensure compliance with the requirements of this Act. 

17 (d) PENALTIES.—(1) Any person who fails to comply 

18 with any requirement of a permit approved under this Act 

19 or any regulation issued by the Secretaries to implement 

20 this Act shall be liable for a penalty of not more than 

21 $25,000 per violation. Each day of violation may be 

22 deemed a separate violation for purposes of penalty assess23 ments. 

24 (2) A person who fails to correct a violation for which 

25 a cessation order has been issued under subsection (a) 


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1 within the period permitted for its correction shall be as2 sessed a civil penalty of not less than $1,000 per violation 

3 for each day during which such failure continues. 

4 (3) Whenever a corporation is in violation of a re5 quirement of a permit approved under this Act or any reg6 ulation issued by the Secretaries to implement this Act 

7 or fails or refuses to comply with an order issued under 

8 subsection (a), any director, officer, or agent of such cor9 poration who knowingly authorized, ordered, or carried 

10 out such violation, failure, or refusal shall be subject to 

11 the same penalties as may be imposed upon the person 

12 referred to in paragraph (1). 

13 (e) SUSPENSIONS OR REVOCATIONS.—The Secretary, 

14 or for National Forest System lands the Secretary of Agri15 culture, shall suspend or revoke a permit issued under title 

16 III, in whole or in part, if the operator— 

17 (1) knowingly made or knowingly makes any 

18 false, inaccurate, or misleading material statement 

19 in any mining claim, notice of location, application, 

20 record, report, plan, or other document filed or re21 quired to be maintained under this Act; 

22 (2) fails to abate a violation covered by a ces23 sation order issued under subsection (a); 

24 (3) fails to comply with an order of the Sec25 retary concerned; 


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1 (4) refuses to permit an audit pursuant to this 

2 Act; 

3 (5) fails to maintain an adequate financial as4 surance under section 306; 

5 (6) fails to pay claim maintenance fees or other 

6 moneys due and owing under this Act; or 

7 (7) with regard to plans conditionally approved 

8 under section 305(c)(2), fails to abate a violation to 

9 the satisfaction of the Secretary concerned, or if the 

10 validity of the violation is upheld on the appeal 

11 which formed the basis for the conditional approval. 

12 (f) FALSE STATEMENTS; TAMPERING.—Any person 

13 who knowingly— 

14 (1) makes any false material statement, rep15 resentation, or certification in, or omits or conceals 

16 material information from, or unlawfully alters, any 

17 mining claim, notice of location, application, record, 

18 report, plan, or other documents filed or required to 

19 be maintained under this Act; or 

20 (2) falsifies, tampers with, renders inaccurate, 

21 or fails to install any monitoring device or method 

22 required to be maintained under this Act, 

23 shall upon conviction, be punished by a fine of not more 

24 than $10,000, or by imprisonment for not more than 2 

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1 tion committed after a first conviction of such person 

2 under this subsection, punishment shall be by a fine of 

3 not more than $20,000 per day of violation, or by impris4 onment of not more than 4 years, or both. Each day of 

5 continuing violation may be deemed a separate violation 

6 for purposes of penalty assessments. 

7 (g) KNOWING VIOLATIONS.—Any person who know8 ingly— 

9 (1) engages in mineral activities without a per10 mit required under title III; or 

11 (2) violates any other requirement of a permit 

12 issued under this Act, or any condition or limitation 

13 thereof, 

14 shall upon conviction be punished by a fine of not less 

15 than $5,000 nor more than $50,000 per day of violation, 

16 or by imprisonment for not more than 3 years, or both. 

17 If a conviction of a person is for a violation committed 

18 after the first conviction of such person under this sub19 section, punishment shall be a fine of not less than 

20 $10,000 per day of violation, or by imprisonment of not 

21 more than 6 years, or both. 

22 (h) KNOWING AND WILLFUL VIOLATIONS.—Any per23 son who knowingly and willfully commits an act for which 

24 a civil penalty is provided in paragraph (1) of subsection 

25 (g) shall, upon conviction, be punished by a fine of not 


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1 more than $50,000, or by imprisonment for not more than 

2 2 years, or both. 

3 (i) DEFINITION.—For purposes of this section, the 

4 term ‘‘person’’ includes any officer, agent, or employee of 

5 a person. 

6 SEC. 507. REGULATIONS. 

7 The Secretary and the Secretary of Agriculture shall 

8 issue such regulations as are necessary to implement this 

9 Act. The regulations implementing title II, title III, title 

10 IV, and title V that affect the Forest Service shall be joint 

11 regulations issued by both Secretaries, and shall be issued 

12 no later than 180 days after the date of enactment of this 

13 Act. 

14 SEC. 508. EFFECTIVE DATE. 

15 This Act shall take effect on the date of enactment 

16 of this Act, except as otherwise provided in this Act. 

17 Subtitle B—Miscellaneous 

18 Provisions 

19 SEC. 511. OIL SHALE CLAIMS. 

20 Section 2511(f) of the Energy Policy Act of 1992 

21 (Public Law 102–486) is amended— 

22 (1) by striking ‘‘as prescribed by the Sec23 retary’’; and 

24 (2) by inserting before the period the following: 

25 ‘‘in the same manner as required by title II and title 


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1 III of the Hardrock Mining and Reclamation Act of 

2 2009’’. 

3 SEC. 512. PURCHASING POWER ADJUSTMENT. 

4 The Secretary shall adjust all location fees, claim 

5 maintenance rates, penalty amounts, and other dollar 

6 amounts established in this Act for changes in the pur7 chasing power of the dollar no less frequently than every 

8 5 years following the date of enactment of this Act, em9 ploying the Consumer Price Index for All-Urban Con10 sumers published by the Department of Labor as the basis 

11 for adjustment, and rounding according to the adjustment 

12 process of conditions of the Federal Civil Penalties Infla13 tion Adjustment Act of 1990 (104 Stat. 890). 

14 SEC. 513. SAVINGS CLAUSE. 

15 (a) SPECIAL APPLICATION OF MINING LAWS.—Noth16 ing in this Act shall be construed as repealing or modi17 fying any Federal law, regulation, order, or land use plan, 

18 in effect prior to the date of enactment of this Act that 

19 prohibits or restricts the application of the general mining 

20 laws, including laws that provide for special management 

21 criteria for operations under the general mining laws as 

22 in effect prior to the date of enactment of this Act, to 

23 the extent such laws provide for protection of natural and 

24 cultural resources and the environment greater than re25 quired under this Act, and any such prior law shall remain 


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1 in force and effect with respect to claims located (or pro2 posed to be located) or converted under this Act. Nothing 

3 in this Act shall be construed as applying to or limiting 

4 mineral investigations, studies, or other mineral activities 

5 conducted by any Federal or State agency acting in its 

6 governmental capacity pursuant to other authority. Noth7 ing in this Act shall affect or limit any assessment, inves8 tigation, evaluation, or listing pursuant to the Comprehen9 sive Environmental Response, Compensation, and Liabil10 ity Act of 1980 (42 U.S.C. 9601 et seq.), or the Solid 

11 Waste Disposal Act (42 U.S.C. 3251 et seq.). 

12 (b) EFFECT ON OTHER FEDERAL LAWS.—The provi13 sions of this Act shall supersede the general mining laws, 

14 except for those parts of the general mining laws respect15 ing location of mining claims that are not expressly modi16 fied by this Act. Except for the general mining laws, noth17 ing in this Act shall be construed as superseding, modi18 fying, amending, or repealing any provision of Federal law 

19 not expressly superseded, modified, amended, or repealed 

20 by this Act. Nothing in this Act shall be construed as al21 tering, affecting, amending, modifying, or changing, di22 rectly or indirectly, any law which refers to and provides 

23 authorities or responsibilities for, or is administered by, 

24 the Environmental Protection Agency or the Adminis25 trator of the Environmental Protection Agency, including 


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1 the Federal Water Pollution Control Act, title XIV of the 

2 Public Health Service Act (the Safe Drinking Water Act), 

3 the Clean Air Act, the Pollution Prevention Act of 1990, 

4 the Toxic Substances Control Act, the Federal Insecticide, 

5 Fungicide, and Rodenticide Act, the Federal Food, Drug, 

6 and Cosmetic Act, the Motor Vehicle Information and 

7 Cost Savings Act, the Federal Hazardous Substances Act, 

8 the Endangered Species Act of 1973, the Atomic Energy 

9 Act, the Noise Control Act of 1972, the Solid Waste Dis10 posal Act, the Comprehensive Environmental Response, 

11 Compensation, and Liability Act of 1980, the Superfund 

12 Amendments and Reauthorization Act of 1986, the Ocean 

13 Dumping Act, the Environmental Research, Development, 

14 and Demonstration Authorization Act, the Pollution Pros15 ecution Act of 1990, and the Federal Facilities Compli16 ance Act of 1992, or any statute containing an amend17 ment to any of such Acts. Nothing in this Act shall be 

18 construed as modifying or affecting any provision of the 

19 Native American Graves Protection and Repatriation Act 

20 (Public Law 101–601) or any provision of the American 

21 Indian Religious Freedom Act (42 U.S.C. 1996), the Na22 tional Historic Preservation Act (16 U.S.C. 470 et seq.), 

23 and the Religious Freedom Restoration Act of 1993 (42 

24 U.S.C. 2000bb et seq.). 


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1 (c) PROTECTION OF CONSERVATION AREAS.—In 

2 order to protect the resources and values of National Con3 servation System units, the Secretary, as appropriate, 

4 shall utilize authority under this Act and other applicable 

5 law to the fullest extent necessary to prevent mineral ac6 tivities that could have an adverse impact on the resources 

7 or values for which such units were established. 

8 (d) SOVEREIGN IMMUNITY OF INDIAN TRIBES.— 

9 Nothing in this section shall be construed so as to waive 

10 the sovereign immunity of any Indian tribe. 

11 SEC. 514. AVAILABILITY OF PUBLIC RECORDS. 

12 Copies of records, reports, inspection materials, or in13 formation obtained by the Secretary or the Secretary of 

14 Agriculture under this Act shall be made immediately 

15 available to the public, consistent with section 552 of title 

16 5, United States Code, in central and sufficient locations 

17 in the county, multicounty, and State area of mineral ac18 tivity or reclamation so that such items are conveniently 

19 available to residents in the area proposed or approved for 

20 mineral activities and on the Internet. 

21 SEC. 515. MISCELLANEOUS POWERS. 

22 (a) IN GENERAL.—In carrying out his or her duties 

23 under this Act, the Secretary, or for National Forest Sys24 tem lands the Secretary of Agriculture, may conduct any 

25 investigation, inspection, or other inquiry necessary and 


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1 appropriate and may conduct, after notice, any hearing 

2 or audit, necessary and appropriate to carrying out his 

3 or her duties. 

4 (b) ANCILLARY POWERS.—In connection with any 

5 hearing, inquiry, investigation, or audit under this Act, the 

6 Secretary, or for National Forest System lands the Sec7 retary of Agriculture, is authorized to take any of the fol8 lowing actions: 

9 (1) Require, by special or general order, any 

10 person to submit in writing such affidavits and an11 swers to questions as the Secretary concerned may 

12 reasonably prescribe, which submission shall be 

13 made within such reasonable period and under oath 

14 or otherwise, as may be necessary. 

15 (2) Administer oaths. 

16 (3) Require by subpoena the attendance and 

17 testimony of witnesses and the production of all 

18 books, papers, records, documents, matter, and ma19 terials, as such Secretary may request. 

20 (4) Order testimony to be taken by deposition 

21 before any person who is designated by such Sec22 retary and who has the power to administer oaths, 

23 and to compel testimony and the production of evi24 dence in the same manner as authorized under para25 graph (3) of this subsection. 


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1 (5) Pay witnesses the same fees and mileage as 

2 are paid in like circumstances in the courts of the 

3 United States. 

4 (c) ENFORCEMENT.—In cases of refusal to obey a 

5 subpoena served upon any person under this section, the 

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

7 such person is found, resides, or transacts business, upon 

8 application by the Attorney General at the request of the 

9 Secretary concerned and after notice to such person, shall 

10 have jurisdiction to issue an order requiring such person 

11 to appear and produce documents before the Secretary 

12 concerned. Any failure to obey such order of the court may 

13 be punished by such court as contempt thereof and subject 

14 to a penalty of up to $10,000 a day. 

15 (d) ENTRY AND ACCESS.—Without advance notice 

16 and upon presentation of appropriate credentials, the Sec17 retary, or for National Forest System lands the Secretary 

18 of Agriculture, or any authorized representative thereof— 

19 (1) shall have the right of entry to, upon, or 

20 through the site of any claim, mineral activities, or 

21 any premises in which any records required to be 

22 maintained under this Act are located; 

23 (2) may at reasonable times, and without delay, 

24 have access to records, inspect any monitoring 


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1 equipment, or review any method of operation re2 quired under this Act; 

3 (3) may engage in any work and do all things 

4 necessary or expedient to implement and administer 

5 the provisions of this Act; 

6 (4) may, on any mining claim located under the 

7 general mining laws and maintained in compliance 

8 with this Act, and without advance notice, stop and 

9 inspect any motorized form of transportation that 

10 such Secretary has probable cause to believe is car11 rying locatable minerals, concentrates, or products 

12 derived therefrom from a claim site for the purpose 

13 of determining whether the operator of such vehicle 

14 has documentation related to such locatable min15 erals, concentrates, or products derived therefrom as 

16 required by law, if such documentation is required 

17 under this Act; and 

18 (5) may, if accompanied by any appropriate law 

19 enforcement officer, or an appropriate law enforce20 ment officer alone, stop and inspect any motorized 

21 form of transportation which is not on a claim site 

22 if he or she has probable cause to believe such vehi23 cle is carrying locatable minerals, concentrates, or 

24 products derived therefrom from a claim site on 

25 Federal lands or allocated to such claim site. Such 


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1 inspection shall be for the purpose of determining 

2 whether the operator of such vehicle has the docu3 mentation required by law, if such documentation is 

4 required under this Act. 

5 SEC. 516. MULTIPLE MINERAL DEVELOPMENT AND SUR6 FACE RESOURCES. 

7 The provisions of sections 4 and 6 of the Act of Au8 gust 13, 1954 (30 U.S.C. 524 and 526), commonly known 

9 as the Multiple Minerals Development Act, and the provi10 sions of section 4 of the Act of July 23, 1955 (30 U.S.C. 

11 612), shall apply to all mining claims located under the 

12 general mining laws and maintained in compliance with 

13 such laws and this Act. 

14 SEC. 517. MINERAL MATERIALS. 

15 (a) DETERMINATIONS.—Section 3 of the Act of July 

16 23, 1955 (30 U.S.C. 611), is amended— 

17 (1) by inserting ‘‘(a)’’ before the first sentence; 

18 (2) by inserting ‘‘mineral materials, including 

19 but not limited to’’ after ‘‘varieties of’’ in the first 

20 sentence; 

21 (3) by striking ‘‘or cinders’’ and inserting in 

22 lieu thereof ‘‘cinders, and clay’’; and 

23 (4) by adding the following new subsection at 

24 the end thereof: 


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1 ‘‘(b)(1) Subject to valid existing rights, after the date 

2 of enactment of the Hardrock Mining and Reclamation 

3 Act of 2009, notwithstanding the reference to common va4 rieties in subsection (a) and to the exception to such term 

5 relating to a deposit of materials with some property giv6 ing it distinct and special value, all deposits of mineral 

7 materials referred to in such subsection, including the 

8 block pumice referred to in such subsection, shall be sub9 ject to disposal only under the terms and conditions of 

10 the Materials Act of 1947. 

11 ‘‘(2) For purposes of paragraph (1), the term ‘valid 

12 existing rights’ means that a mining claim located for any 

13 such mineral material— 

14 ‘‘(A) had and still has some property giving it 

15 the distinct and special value referred to in sub16 section (a), or as the case may be, met the definition 

17 of block pumice referred to in such subsection; 

18 ‘‘(B) was properly located and maintained 

19 under the general mining laws prior to the date of 

20 enactment of the Hardrock Mining and Reclamation 

21 Act of 2009; 

22 ‘‘(C) was supported by a discovery of a valuable 

23 mineral deposit within the meaning of the general 

24 mining laws as in effect immediately prior to the 


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1 date of enactment of the Hardrock Mining and Rec2 lamation Act of 2009; and 

3 ‘‘(D) that such claim continues to be valid 

4 under this Act.’’. 

5 (b) MINERAL MATERIALS DISPOSAL CLARIFICA6 TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C. 

7 612), is amended— 

8 (1) in subsection (b) by inserting ‘‘and mineral 

9 material’’ after ‘‘vegetative’’; and 

10 (2) in subsection (c) by inserting ‘‘and mineral 

11 material’’ after ‘‘vegetative’’. 

12 (c) CONFORMING AMENDMENT.—Section 1 of the 

13 Act of July 31, 1947, entitled ‘‘An Act to provide for the 

14 disposal of materials on the public lands of the United 

15 States’’ (30 U.S.C. 601 et seq.) is amended by striking 

16 ‘‘common varieties of’’ in the first sentence. 

17 (d) SHORT TITLES.— 

18 (1) SURFACE RESOURCES.—The Act of July 

19 23, 1955, is amended by inserting after section 7 

20 the following new section: 

21 ‘‘SEC. 8. This Act may be cited as the ‘Surface Re22 sources Act of 1955’.’’. 

23 (2) MINERAL MATERIALS.—The Act of July 31, 

24 1947, entitled ‘‘An Act to provide for the disposal of 

25 materials on the public lands of the United States’’ 


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1 (30 U.S.C. 601 et seq.) is amended by inserting 

2 after section 4 the following new section: 

3 ‘‘SEC. 5. This Act may be cited as the ‘Materials Act 

4 of 1947’.’’. 

5 (e) REPEALS.—(1) Subject to valid existing rights, 

6 the Act of August 4, 1892 (27 Stat. 348; 30 U.S.C. 161), 

7 commonly known as the Building Stone Act, is hereby re8 pealed. 

9 (2) Subject to valid existing rights, the Act of Janu10 ary 31, 1901 (30 U.S.C. 162), commonly known as the 

11 Saline Placer Act, is hereby repealed. 

Æ 


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