II 

116TH CONGRESS 

1ST SESSION S. 1386 

To modify the requirements applicable to locatable minerals on public domain 

land, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2019 

Mr. SCHUMER (for Mr. UDALL (for himself, Mr. BENNET, Mr. HEINRICH, Mr. 

MARKEY, Mr. WYDEN, Mr. MERKLEY, Mr. BOOKER, Ms. HARRIS, and 

Mrs. FEINSTEIN)) introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

To modify the requirements applicable to locatable minerals 

on public domain land, 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 2019’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—LOCATABLE MINERAL DEPOSITS 


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Sec. 101. Limitation on patents. 

Sec. 102. Fees. 

Sec. 103. Limitations. 

TITLE II—ROYALTIES 

Sec. 201. Royalty. 

Sec. 202. Royalty relief. 

Sec. 203. Enforcement. 

Sec. 204. Review. 

TITLE III—MINERAL ACTIVITIES 

Sec. 301. Permits. 

Sec. 302. Exploration permits. 

Sec. 303. Mining permits. 

Sec. 304. Financial assurances. 

Sec. 305. Transfer, assignment, or sale of right. 

Sec. 306. Operation and reclamation. 

Sec. 307. Land open to location. 

Sec. 308. State law. 

Sec. 309. Inspection and monitoring. 

Sec. 310. Tribal consultation. 

TITLE IV—HARDROCK MINERALS RECLAMATION FUND 

Sec. 401. Establishment of Fund. 

Sec. 402. Use and objectives of the Fund. 

Sec. 403. Abandoned mine land reclamation fee. 

TITLE V—TRANSITION RULES, ADMINISTRATIVE PROVISIONS, 

AND MISCELLANEOUS PROVISIONS 

Sec. 501. Transition rules. 

Sec. 502. Enforcement. 

Sec. 503. Judicial review. 

Sec. 504. Uncommon varieties. 

Sec. 505. Review of uranium development on Federal land. 

Sec. 506. Effect. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ABANDONED HARDROCK MINE STATE.—The 

4 term ‘‘abandoned hardrock mine State’’ means each 

5 of the States of Alaska, Arizona, California, Colo6 rado, Idaho, Montana, Nevada, New Mexico, North 

7 Dakota, Oregon, South Dakota, Utah, Washington, 

8 and Wyoming. 


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1 (2) APPLICANT.—The term ‘‘applicant’’ means 

2 any person that applies for— 

3 (A) a permit under this Act; or 

4 (B) a modification to, or a renewal of, a 

5 permit issued under this Act. 

6 (3) BENEFICIATION.—The term ‘‘beneficiation’’ 

7 means— 

8 (A) the crushing and grinding of locatable 

9 mineral ore; and 

10 (B) any processes that are employed to 

11 free the mineral from other constituents, includ12 ing physical and chemical separation tech13 niques. 

14 (4) CASUAL USE.— 

15 (A) IN GENERAL.—The term ‘‘casual use’’ 

16 means mineral activities that ordinarily result 

17 in no or negligible disturbance of Federal land 

18 or resources. 

19 (B) INCLUSIONS.—The term ‘‘casual use’’ 

20 includes the collection of geochemical, rock, soil, 

21 or mineral specimens using hand tools, hand 

22 panning, or nonmotorized sluicing. 

23 (C) EXCLUSIONS.—The term ‘‘casual use’’ 

24 does not include— 


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1 (i) the use of mechanized earth-mov2 ing equipment, suction dredging, or explo3 sives; 

4 (ii) the use of motor vehicles in areas 

5 closed to off-road vehicles; 

6 (iii) the construction of roads or drill 

7 pads; or 

8 (iv) the use of toxic or hazardous ma9 terials or explosives. 

10 (5) CLAIM HOLDER.—The term ‘‘claim holder’’ 

11 means a person holding a mining claim, millsite, or 

12 tunnel site that is— 

13 (A) located under the general mining laws; 

14 and 

15 (B) maintained in compliance with the 

16 general mining laws and this Act. 

17 (6) CONTROL.—The term ‘‘control’’ means hav18 ing the ability to determine the manner in which an 

19 entity conducts mineral activities. 

20 (7) EXPLORATION.— 

21 (A) IN GENERAL.—The term ‘‘exploration’’ 

22 means creating a surface disturbance (other 

23 than casual use) to evaluate the type, extent, 

24 quantity, or quality of minerals present. 


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1 (B) INCLUSIONS.—The term ‘‘exploration’’ 

2 includes mineral activities associated with sam3 pling, drilling, or developing surface or under4 ground workings to evaluate locatable mineral 

5 values. 

6 (C) EXCLUSIONS.—The term ‘‘explo7 ration’’ does not include the extraction of min8 eral material for commercial use or sale. 

9 (8) FEDERAL LAND.—The term ‘‘Federal land’’ 

10 means any land and any interest in land that is— 

11 (A) owned by the United States; and 

12 (B) open to location of mining claims 

13 under the general mining laws and this Act. 

14 (9) FUND.—The term ‘‘Fund’’ means the 

15 Hardrock Minerals Reclamation Fund established by 

16 section 401(a). 

17 (10) HARDROCK MINERAL.—The term 

18 ‘‘hardrock mineral’’ has the meaning given the term 

19 ‘‘locatable mineral’’ except that— 

20 (A) legal and beneficial title to the mineral 

21 need not be held by the United States; and 

22 (B) paragraph (13)(B) does not apply to 

23 this paragraph. 

24 (11) INDIAN LAND.—The term ‘‘Indian land’’ 

25 means land that is— 


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1 (A) held in trust for the benefit of an In2 dian tribe or member of an Indian tribe; or 

3 (B) held by an Indian tribe or member of 

4 an Indian tribe, subject to a restriction by the 

5 United States against alienation. 

6 (12) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

7 has the meaning given the term in section 4 of the 

8 Indian Self-Determination and Education Assistance 

9 Act (25 U.S.C. 5304). 

10 (13) LOCATABLE MINERAL.— 

11 (A) IN GENERAL.—The term ‘‘locatable 

12 mineral’’ means any mineral— 

13 (i) the legal and beneficial title to 

14 which remains in the United States; and 

15 (ii) that is not subject to disposition 

16 under— 

17 (I) the Mineral Leasing Act (30 

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

19 (II) the Geothermal Steam Act of 

20 1970 (30 U.S.C. 1001 et seq.); 

21 (III) the Act of July 31, 1947 

22 (commonly known as the ‘‘Materials 

23 Act of 1947’’) (30 U.S.C. 601 et 

24 seq.); or 


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1 (IV) the Act of August 7, 1947 

2 (commonly known as the ‘‘Mineral 

3 Leasing Act for Acquired Lands’’) (30 

4 U.S.C. 351 et seq.). 

5 (B) EXCLUSIONS.—The term ‘‘locatable 

6 mineral’’ does not include any mineral that is— 

7 (i) subject to a restriction against 

8 alienation imposed by the United States; 

9 and 

10 (ii) held in trust by the United States 

11 for, or owned by, any Indian tribe or mem12 ber of an Indian tribe, as defined in sec13 tion 2 of the Indian Mineral Development 

14 Act of 1982 (25 U.S.C. 2101). 

15 (14) MINERAL ACTIVITY.—The term ‘‘mineral 

16 activity’’ means any activity on a mining claim, mill17 site, or tunnel site, or Federal land used in conjunc18 tion with the activity, for, relating to, or incidental 

19 to, mineral exploration, mining, beneficiation, proc20 essing, or reclamation activities for any locatable 

21 mineral. 

22 (15) OPERATOR.—The term ‘‘operator’’ 

23 means— 


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1 (A) any person proposing, or authorized by 

2 a permit, to conduct mineral activities under 

3 this Act; and 

4 (B) any agent of a person described in 

5 subparagraph (A). 

6 (16) PERSON.—The term ‘‘person’’ means— 

7 (A) an individual, Indian tribe, partner8 ship, association, society, joint venture, joint 

9 stock company, firm, company, corporation, co10 operative, trust, consortium, or other organiza11 tion; and 

12 (B) any instrumentality of a State or local 

13 government, including any publicly owned util14 ity or publicly owned corporation of a State or 

15 local government. 

16 (17) PROCESSING.— 

17 (A) IN GENERAL.—The term ‘‘processing’’ 

18 means processes downstream of beneficiation 

19 used to prepare locatable mineral ore into the 

20 final marketable product. 

21 (B) INCLUSIONS.—The term ‘‘processing’’ 

22 includes smelting and electrolytic refining. 

23 (18) SECRETARY.—The term ‘‘Secretary’’ 

24 means the Secretary of the Interior. 


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1 (19) SECRETARY CONCERNED.—The term 

2 ‘‘Secretary concerned’’ means— 

3 (A) the Secretary of Agriculture (acting 

4 through the Chief of the Forest Service), with 

5 respect to National Forest System land; and 

6 (B) the Secretary of the Interior (acting 

7 through the Director of the Bureau of Land 

8 Management), with respect to land managed by 

9 the Bureau of Land Management or other Fed10 eral land. 

11 (20) TEMPORARY CESSATION.—The term ‘‘tem12 porary cessation’’ means a halt in mine related pro13 duction activities for a continuous period of not 

14 longer than 5 years. 

15 (21) UNDUE DEGRADATION.—The term ‘‘undue 

16 degradation’’ means substantial irreparable harm to 

17 significant scientific, cultural, or environmental re18 sources on public land. 

19 TITLE I—LOCATABLE MINERAL 

20 DEPOSITS 

21 SEC. 101. LIMITATION ON PATENTS. 

22 (a) DETERMINATIONS REQUIRED.—No patent shall 

23 be issued by the United States for any mining claim, mill24 site, or tunnel site located under the general mining laws 

25 unless the Secretary determines that— 


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1 (1) a patent application was filed with the Sec2 retary with respect to the claim not later than Sep3 tember 30, 1994; and 

4 (2) all requirements applicable to the patent ap5 plication under law were fully complied with by the 

6 date described in paragraph (1). 

7 (b) RIGHT TO PATENT.— 

8 (1) IN GENERAL.—Subject to paragraph (2) 

9 and notwithstanding subsection (c), if the Secretary 

10 makes the determinations under paragraphs (1) and 

11 (2) of subsection (a) with respect to a mining claim, 

12 millsite, or tunnel site, the claim holder shall be enti13 tled to the issuance of a patent in the same manner 

14 and degree to which the claim holder would have 

15 been entitled to a patent before the date of enact16 ment of this Act. 

17 (2) WITHDRAWAL.—The claim holder shall not 

18 be entitled to the issuance of a patent if the deter19 minations under paragraphs (1) and (2) of sub20 section (a) are withdrawn or invalidated by the Sec21 retary or, on review, by a court of the United States. 

22 (c) REPEAL.—Section 2325 of the Revised Statutes 

23 (30 U.S.C. 29) is repealed. 

24 SEC. 102. FEES. 

25 (a) CLAIM MAINTENANCE FEES.— 


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1 (1) IN GENERAL.—Not later than August 31, 

2 2020, and each August 31 thereafter, the holder of 

3 each unpatented mining claim, millsite, or tunnel 

4 site shall pay to the Secretary a maintenance fee of 

5 $200 for each claim, millsite, or tunnel site. 

6 (2) REQUIREMENTS.—The maintenance fees re7 quired under paragraph (1) shall be in lieu of— 

8 (A) the assessment work requirements 

9 under the general mining laws; and 

10 (B) the related filing requirements under 

11 subsections (a) and (c) of section 314 of the 

12 Federal Land Policy and Management Act of 

13 1976 (43 U.S.C. 1744). 

14 (3) TIMING OF INITIAL PAYMENT.—Notwith15 standing paragraph (1), the maintenance fee payable 

16 for the initial assessment year in which the location 

17 is made shall be paid at the time the location notice 

18 is recorded with the Bureau of Land Management. 

19 (4) CLAIM RELOCATION.— 

20 (A) DEFINITION OF RELATED PARTY.—In 

21 this paragraph and paragraph (5), the term 

22 ‘‘related party’’ means— 

23 (i) the spouse and qualifying child (as 

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1 enue Code of 1986) of the claim holder; 

2 and 

3 (ii) a person affiliated with the claim 

4 holder, including— 

5 (I) a person controlled by, con6 trolling, or under common control 

7 with, the claim holder; or 

8 (II) a subsidiary, parent com9 pany, partner, director, or officer of 

10 the claim holder. 

11 (B) LIMITS ON RELOCATION.— 

12 (i) IN GENERAL.—No claim, millsite, 

13 or tunnel site, or portion of a claim or site, 

14 may be relocated by a person or related 

15 party if the person or related party held 

16 the claim or site and subsequently relin17 quished the claim or site or allowed the 

18 claim or site to become null and void. 

19 (ii) DURATION.—The prohibition on 

20 relocation shall extend for a period of 10 

21 years beginning on the date the claim or 

22 site was relinquished or became null and 

23 void. 

24 (5) WAIVER.—The maintenance fee required 

25 under paragraph (1) shall be waived for a claim 


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1 holder who certifies in writing to the Secretary that 

2 on the date the maintenance fee was due, the claim 

3 holder and all related parties— 

4 (A) held not more than 10 mining claims, 

5 millsites, tunnel sites, or any combination of 

6 claims and sites on Federal land; and 

7 (B) can demonstrate that the claim holder 

8 and all related parties have performed assess9 ment work required under section 2324 of the 

10 Revised Statutes (30 U.S.C. 28) to maintain 

11 the mining claims and sites held by the claim 

12 holder and all related parties for the assessment 

13 year ending on noon of September 1 of the cal14 endar year in which payment of the mainte15 nance fee was due. 

16 (6) ADJUSTMENT.— 

17 (A) IN GENERAL.—Subject to subpara18 graph (B), beginning on the date that is 5 

19 years after the date of enactment of this Act 

20 and every 5 years thereafter, the Secretary shall 

21 adjust the amount of maintenance fees required 

22 under paragraph (1) to reflect changes in the 

23 Consumer Price Index for all urban consumers 

24 published by the Department of Labor. 


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1 (B) MORE FREQUENT ADJUSTMENTS.— 

2 The Secretary may adjust the amount of the 

3 maintenance fees more frequently than specified 

4 in subparagraph (A) to reflect changes in the 

5 Consumer Price Index for all urban consumers 

6 published by the Department of Labor if the 

7 Secretary determines an adjustment to be rea8 sonable. 

9 (C) NOTICE.—Not later than July 1 of any 

10 year in which an adjustment is made under this 

11 paragraph, the Secretary shall provide claim 

12 holders notice of the adjustment. 

13 (D) APPLICATION.—An adjustment under 

14 this paragraph shall apply beginning in the first 

15 calendar year after the calendar year in which 

16 the adjustment is made. 

17 (7) APPLICABLE LAW.—The co-ownership pro18 visions of section 2324 of the Revised Statutes (30 

19 U.S.C. 28) shall remain in effect, except that the an20 nual maintenance fee, as applicable, shall replace ap21 plicable assessment requirements and expenditures. 

22 (8) USE AND OCCUPANCY OF CLAIMS.—Timely 

23 performance of required assessment work or pay24 ment of the maintenance fee under this subsection 

25 satisfies any obligation the claim holder has under 


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1 the pedis possessio doctrine for any claim properly 

2 located in accordance with the general mining laws 

3 and applicable State law. 

4 (b) LOCATION FEES.— 

5 (1) IN GENERAL.—Subject to paragraph (2) 

6 and notwithstanding any other provision of law, for 

7 each unpatented mining claim, millsite, or tunnel 

8 site located after the date of enactment of this Act, 

9 the locator shall, at the time the location notice is 

10 recorded with the Bureau of Land Management, pay 

11 to the Secretary a location fee of $50 for each claim 

12 for each location notice recorded with the Bureau of 

13 Land Management. 

14 (2) ADJUSTMENT.— 

15 (A) IN GENERAL.—Subject to subpara16 graph (B), beginning on the date that is 5 

17 years after the date of enactment of this Act 

18 and every 5 years thereafter, the Secretary shall 

19 adjust the amount of location fees required 

20 under paragraph (1) to reflect changes in the 

21 Consumer Price Index for all urban consumers 

22 published by the Department of Labor. 

23 (B) MORE FREQUENT ADJUSTMENTS.— 

24 The Secretary may adjust the amount of the lo25 cation fees more frequently than specified in 


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1 subparagraph (A) to reflect changes in the Con2 sumer Price Index for all urban consumers pub3 lished by the Department of Labor if the Sec4 retary determines an adjustment to be reason5 able. 

6 (C) NOTICE.—Not later than July 1 of any 

7 year in which an adjustment is made under this 

8 paragraph, the Secretary shall provide claim 

9 holders notice of the adjustment. 

10 (D) APPLICATION.—An adjustment under 

11 this paragraph shall apply beginning in the first 

12 calendar year after the calendar year in which 

13 the adjustment is made. 

14 (3) EFFECT ON MAINTENANCE FEE.—The loca15 tion fee required under paragraph (1) shall be in ad16 dition to the maintenance fee required under sub17 section (a). 

18 (c) DISPOSITION OF FUNDS.— 

19 (1) IN GENERAL.—Any amounts received under 

20 this section shall be used to pay the costs of admin21 istering program operations under sections 2318 

22 through 2352 of the Revised Statutes (commonly 

23 known as the ‘‘Mining Law of 1872’’) (30 U.S.C. 21 

24 et seq.) and this Act, without further appropriation. 


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1 (2) EXCESS AMOUNTS.—Any amounts in excess 

2 of the costs described in paragraph (1) for any fiscal 

3 year shall be deposited in the Fund. 

4 (d) EFFECT OF SECTION.—Nothing in this section 

5 changes or modifies— 

6 (1) section 314(b) of the Federal Land Policy 

7 and Management Act of 1976 (43 U.S.C. 1744(b)); 

8 or 

9 (2) the provisions of subsection (c) of section 

10 314 of the Federal Land Policy and Management 

11 Act of 1976 (43 U.S.C. 1744) relating to filings re12 quired by subsection (b) of that section. 

13 (e) AMENDMENT TO REVISED STATUTES.—Section 

14 2324 of the Revised Statutes (30 U.S.C. 28) is amended 

15 by inserting ‘‘or section 102(a)(5) of the Hardrock Mining 

16 and Reclamation Act of 2019’’ after ‘‘Omnibus Budget 

17 Reconciliation Act of 1993’’. 

18 SEC. 103. LIMITATIONS. 

19 (a) FAILURE TO COMPLY.— 

20 (1) IN GENERAL.—The failure of the claim 

21 holder to perform assessment work or to pay a 

22 maintenance fee if required under section 102(a), to 

23 pay a location fee under section 102(b), or to file a 

24 timely notice of location shall— 


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1 (A) conclusively constitute a forfeiture of 

2 the mining claim, millsite, or tunnel site; and 

3 (B) make the claim or site null and void by 

4 operation of law. 

5 (2) EFFECT.—Forfeiture under paragraph (1) 

6 shall not relieve any person of any obligation under 

7 this Act and applicable regulations, including rec8 lamation, and other applicable law. 

9 (b) RELINQUISHMENT.— 

10 (1) IN GENERAL.—A claim holder deciding not 

11 to pursue mineral activities on a mining claim, mill12 site, or tunnel site, may relinquish the claim or site 

13 by notifying the Secretary of the intent to relinquish 

14 the claim or site. 

15 (2) EFFECT.—A claim holder relinquishing a 

16 claim, millsite, or tunnel site under paragraph (1) 

17 shall be responsible for any obligation under this Act 

18 and applicable regulations, including reclamation, 

19 and other applicable law. 

20 (c) USE OF MINING CLAIM.— 

21 (1) IN GENERAL.—The continued use, occu22 pancy, and retention of any mining claim, millsite, 

23 or tunnel site subject to this Act shall be exclusively 

24 for mineral activities as authorized under this Act. 


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1 (2) FAILURE TO USE FOR MINERAL ACTIVI2 TIES.—If the claim holder cannot demonstrate to 

3 the Secretary that the mining claim, millsite, or tun4 nel site has been used exclusively for mineral activi5 ties, the Secretary shall declare the claim, millsite, 

6 or tunnel site null and void. 

7 TITLE II—ROYALTIES 

8 SEC. 201. ROYALTY. 

9 (a) IN GENERAL.—Subject to subsection (c) and sec10 tion 202, production of all locatable minerals from any 

11 mining claim located under the general mining laws and 

12 maintained in compliance with this Act shall be subject 

13 to a royalty established by the Secretary by regulation of 

14 not less than 5 percent, and not more than 8 percent, of 

15 the gross income from mining for production of all 

16 locatable minerals. 

17 (b) ROYALTY RATE.—The regulation shall establish 

18 a reasonable royalty rate for each locatable mineral sub19 ject to a royalty under this section that may vary based 

20 on the locatable mineral concerned. 

21 (c) NO ROYALTY FOR FEDERAL LAND SUBJECT TO

22 EXISTING PERMIT.—No royalty under subsection (a) shall 

23 be required for production on Federal land that— 


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1 (1) is subject to an approved plan of operations 

2 or an operations permit on the date of the enact3 ment of this Act; and 

4 (2) produces valuable locatable minerals in com5 mercial quantities on the date of enactment of this 

6 Act. 

7 (d) FEDERAL LAND NOT SUBJECT TO EXISTING OP8 ERATIONS PERMIT.—Production from any Federal land 

9 not specifically approved for mineral extraction under a 

10 plan of operations or an operations permit in existence on 

11 the date of enactment of this Act shall be subject to the 

12 royalty described in subsection (a). 

13 (e) DEPOSIT.—Amounts received by the United 

14 States as royalties under this section shall be deposited 

15 in the Fund. 

16 SEC. 202. ROYALTY RELIEF. 

17 (a) IN GENERAL.—Subject to subsection (b), in order 

18 to promote the greatest ultimate recovery pursuant to a 

19 mining permit or a plan of operations under which produc20 tion in commercial quantities has occurred and in the in21 terest of conservation of natural resources, the Secretary 

22 may reduce any royalty otherwise required for all or part 

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1 ations that, without the reduction in royalty, production 

2 would not occur. 

3 (b) EFFECTIVE DATE.—Any reduction in a royalty 

4 provided for by this section shall not be effective until 60 

5 days after the date on which the Secretary— 

6 (1) publishes public notice of the royalty reduc7 tion; and 

8 (2) submits to the Committee on Energy and 

9 Natural Resources of the Senate and the Committee 

10 on Natural Resources of the House of Representa11 tives notice and a statement of the reasons for 

12 granting the royalty reduction. 

13 SEC. 203. ENFORCEMENT. 

14 (a) DUTIES OF THE SECRETARY.— 

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

16 a comprehensive inspection, collection, fiscal, and 

17 production accounting and auditing system— 

18 (A) to accurately determine royalties, in19 terest, fines, penalties, fees, deposits, and other 

20 payments owed under this title and section 403; 

21 and 

22 (B) to collect and account for such pay23 ments in a timely manner. 

24 (2) INSPECTIONS.—The Secretary shall estab25 lish procedures to ensure that authorized and propVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386

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1 erly identified representatives of the Secretary will 

2 inspect at least once annually each mining claim 

3 that— 

4 (A) is producing or expected to produce a 

5 significant quantity of locatable minerals in any 

6 year; or 

7 (B) has a history of noncompliance with 

8 this Act. 

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

10 TRANSPORTERS.— 

11 (1) PAYMENT OF ROYALTIES.— 

12 (A) IN GENERAL.—A person who is re13 quired to make any royalty or other payment 

14 under this title or section 403 shall make pay15 ment to the United States at such times and in 

16 such manner as the Secretary may by rule pre17 scribe. 

18 (B) LIABILITY FOR PAYMENTS.— 

19 (i) DESIGNEES.—Any person who 

20 pays, offsets, or credits funds, makes ad21 justments, requests and receives refunds, 

22 or submits reports with respect to pay23 ments another person is required to make 

24 shall be considered the designee of the 


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1 other person under this title or section 

2 403. 

3 (ii) LIABILITY.—A designee shall be 

4 liable for any payment obligation under 

5 this title or section 403 of any person on 

6 whose behalf the designee undertakes the 

7 activities described in clause (i). 

8 (iii) PRO RATA SHARE.—The person 

9 owning an interest in a claim, millsite, or 

10 tunnel site, or production from the claim 

11 or site, shall be liable for the pro rata 

12 share of the person of payment obligations 

13 under this title or section 403. 

14 (2) SITE SECURITY.— 

15 (A) IN GENERAL.—A person conducting 

16 mineral activities shall develop and comply with 

17 the site security provisions in the mining permit 

18 designed to protect from theft the locatable 

19 minerals that are produced or stored on a min20 ing claim. 

21 (B) MINIMUM STANDARDS.—The provi22 sions shall conform with such minimum stand23 ards as the Secretary may prescribe by rule, 

24 taking into account the variety of circumstances 

25 on mining claims. 


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1 (C) NOTIFICATION OF COMMENCEMENT OR

2 RESUMPTION OF PRODUCTION.—Not later than 

3 the fifth business day after production begins in 

4 any place on a mining claim or production re5 sumes after more than 90 days after production 

6 ceased or was suspended, the person conducting 

7 mineral activities shall notify the Secretary, in 

8 the manner prescribed by the Secretary, of the 

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

11 (c) RECORDKEEPING AND REPORTING REQUIRE12 MENTS.— 

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

14 other person directly or indirectly involved in devel15 oping, producing, processing, transporting, pur16 chasing, or selling locatable or hardrock minerals, 

17 subject to this Act, through the point of first sale, 

18 the point of royalty or fee computation, or the point 

19 of smelting or other processing, whichever is later, 

20 shall establish and maintain any records, make any 

21 reports, and provide any information that the Sec22 retary may reasonably require for the purposes of 

23 implementing this title or section 403 or determining 

24 compliance with rules or orders under this title or 

25 section 403. 


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1 (2) ACCESS.—On the request of any officer or 

2 employee duly designated by the Secretary con3 ducting an audit or investigation pursuant to this 

4 section, the appropriate records, reports, or informa5 tion that may be required by this section shall be 

6 made available for inspection and duplication by the 

7 officer or employee. 

8 (3) DURATION OF RECORDKEEPING REQUIRE9 MENT.— 

10 (A) IN GENERAL.—Records required by 

11 the Secretary under this section shall be main12 tained for 7 years after the records are gen13 erated or amended unless the Secretary notifies 

14 the claim holder, operator, other person re15 ferred to in paragraph (1), or record holder 

16 that the Secretary has initiated an audit or in17 vestigation involving the records and that the 

18 records must be maintained for a longer period. 

19 (B) ONGOING AUDIT OR INVESTIGATION.— 

20 In any case in which an audit or investigation 

21 is underway, records shall be maintained until 

22 the Secretary releases the claim holder, oper23 ator, other person referred to in paragraph (1), 

24 or record holder subject to the recordkeeping 


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1 and requirements of this Act of the obligation 

2 to maintain the records. 

3 (d) AUDITS.—The Secretary may conduct such au4 dits of all claim holders, operators, producers, trans5 porters, purchasers, processors, or other persons directly 

6 or indirectly involved in the production or sales of 

7 locatable or hardrock minerals covered by this Act, as the 

8 Secretary considers necessary for the purposes of ensuring 

9 compliance with the requirements of this title or section 

10 403. 

11 (e) COOPERATIVE AGREEMENTS.— 

12 (1) IN GENERAL.—The Secretary may enter 

13 into cooperative agreements with the Secretary of 

14 Agriculture— 

15 (A) to share information concerning the 

16 royalty management of locatable minerals; 

17 (B) to carry out inspection, auditing, in18 vestigation, or enforcement (not including the 

19 collection of royalties, civil or criminal penalties, 

20 or other payments) activities under this section 

21 in cooperation with the Secretary; and 

22 (C) to carry out any other activity de23 scribed in this section. 

24 (2) ACCESS.—Subject to paragraph (3) and 

25 pursuant to a cooperative agreement, the Secretary 


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1 of Agriculture shall, on request, have access to all 

2 royalty or fee accounting information in the posses3 sion of the Secretary relating to the production, re4 moval, or sale of locatable minerals from claims on 

5 Federal land. 

6 (3) CONFIDENTIAL INFORMATION.— 

7 (A) IN GENERAL.—Trade secrets, propri8 etary information, and other confidential infor9 mation protected from disclosure under section 

10 552 of title 5, United States Code (commonly 

11 known as the ‘‘Freedom of Information Act’’), 

12 shall be made available by the Secretary to 

13 other Federal agencies as necessary to ensure 

14 compliance with this Act and other Federal 

15 laws. 

16 (B) PROTECTION BY OTHER FEDERAL OF17 FICIALS.—The Secretary, the Secretary of Agri18 culture, and other Federal officials shall ensure 

19 that information described in subparagraph (A) 

20 is provided protection in accordance with sec21 tion 552 of title 5, United States Code. 

22 (f) INTEREST.— 

23 (1) DEFINITION OF UNDERPAYMENT.—In this 

24 subsection, the term ‘‘underpayment’’ means the dif25 ference between the royalty on the value of the proVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386

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1 duction or the fee under section 403 that should 

2 have been received by the Secretary and the royalty 

3 on the value of the production or the fee under sec4 tion 403 that was received by the Secretary, if the 

5 royalty or fee that should have been received is 

6 greater than the royalty or fee that was received. 

7 (2) NONPAYMENT AND UNDERPAYMENT.— 

8 (A) NONPAYMENT.—In the case of mining 

9 claims or operations with respect to which roy10 alty payments or the fee under section 403 are 

11 not received by the Secretary by the date that 

12 the payments are due, the Secretary shall 

13 charge interest on the nonpayment at the rate 

14 specified under subparagraph (C). 

15 (B) UNDERPAYMENT.—In the case of an 

16 underpayment, interest shall be computed and 

17 charged only on the amount of the deficiency 

18 and not on the total amount, at the rate speci19 fied under subparagraph (C). 

20 (C) INTEREST RATE.—In the case of non21 payment or underpayment, interest shall be 

22 charged at the rate applicable under section 

23 6621(a)(2) of the Internal Revenue Code of 

24 1986. 


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1 (g) 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 lost or wasted from a mining claim located under 

5 the general mining laws and maintained in compliance 

6 with this Act if the loss or waste is due to negligence on 

7 the part of any such person or due to the failure to comply 

8 with any rule, regulation, or order issued under this sec9 tion. 

10 (h) HEARINGS AND INVESTIGATIONS.—In carrying 

11 out this title and section 403, the Secretary may— 

12 (1) conduct any investigation or other inquiry 

13 necessary and appropriate; 

14 (2) conduct, after notice, any necessary and ap15 propriate hearing or audit under rules prescribed by 

16 the Secretary; and 

17 (3) administer oaths and issue subpoenas in 

18 conducting such proceedings. 

19 (i) CIVIL PENALTIES.— 

20 (1) FAILURE TO COMPLY WITH APPLICABLE

21 LAW, RULES OR REGULATIONS, OR TO PERMIT IN22 SPECTION.— 

23 (A) IN GENERAL.—Except as provided in 

24 subparagraph (B), a person shall be liable for 

25 a penalty of up to $500 per violation for each 


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1 day the violation continues, dating from the 

2 date of the notice or report, if the person— 

3 (i) after due notice of violation or 

4 after the violation has been reported under 

5 subparagraph (B)(i), fails or refuses to 

6 comply with any requirement of this title 

7 or section 403 or any rule or regulation 

8 under this title or section 403; or 

9 (ii) fails or refuses to permit inspec10 tion authorized under this title. 

11 (B) EXCEPTIONS.—A penalty under this 

12 paragraph may not be applied to any person 

13 who is otherwise liable for a violation of sub14 paragraph (A) if— 

15 (i) the violation was discovered and 

16 reported to the Secretary or the authorized 

17 representative of the Secretary by the lia18 ble person and corrected within 20 days 

19 after the report (or such longer period to 

20 which the Secretary may agree); or 

21 (ii) after the due notice of violation 

22 required under subparagraph (A)(i) has 

23 been given to the person by the Secretary 

24 or the authorized representative of the Sec25 retary, the person has corrected the violaVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386

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1 tion within 20 days of the notification (or 

2 such longer period to which the Secretary 

3 may agree). 

4 (2) FAILURE TO TAKE CORRECTIVE ACTION.— 

5 If corrective action is not taken within 40 days (or 

6 a longer period to which the Secretary may agree), 

7 after due notice or submission of a report referred 

8 to in paragraph (1)(A)(i), the person shall be liable 

9 for a civil penalty of not more than $5,000 per viola10 tion for each day the violation continues, dating 

11 from the date of the notice or report. 

12 (3) FAILURE TO MAKE PAYMENT OR TO PERMIT

13 LAWFUL ENTRY, INSPECTION, OR AUDIT.—A person 

14 shall be liable for a penalty of up to $10,000 per vio15 lation for each day the violation continues if the per16 son— 

17 (A) knowingly or willfully fails to make 

18 any payment of any royalty under this title or 

19 fee under section 403 by the date as specified 

20 by law (including regulation or order); 

21 (B) fails or refuses to permit lawful entry, 

22 inspection, or audit; or 

23 (C) knowingly or willfully fails to comply 

24 with subsection (b)(2)(C). 


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1 (4) FALSE INFORMATION; UNAUTHORIZED RE2 MOVAL OF LOCATABLE MINERAL.—A person shall be 

3 liable for a penalty of up to $25,000 per violation 

4 for each day the violation continues in any case in 

5 which the person, in violation of this title or section 

6 403— 

7 (A) knowingly or willfully prepares, main8 tains, or submits false, inaccurate, or mis9 leading reports, notices, affidavits, records, 

10 data, or other written information; 

11 (B) knowingly or willfully takes or re12 moves, transports, uses or diverts any locatable 

13 mineral from any land covered by a mining 

14 claim without having valid legal authority to do 

15 so; or 

16 (C) purchases, accepts, sells, transports, or 

17 conveys to another, any locatable mineral know18 ing or having reason to know that the locatable 

19 mineral was stolen or unlawfully removed or di20 verted. 

21 (5) HEARING.—No penalty under this sub22 section shall be assessed until the person charged 

23 with a violation has been given the opportunity for 

24 a hearing on the record. 


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1 (6) DEDUCTION OF PENALTY FROM SUMS

2 OWED BY UNITED STATES.—The amount of any 

3 penalty under this subsection, as finally determined, 

4 may be deducted from any sums owed by the United 

5 States to the person charged. 

6 (7) COMPROMISE OR REDUCTION OF PEN7 ALTIES.—On a case-by-case basis, the Secretary 

8 may compromise or reduce civil penalties under this 

9 subsection. 

10 (8) NOTICE.— 

11 (A) IN GENERAL.—Notice under this sub12 section shall be by personal service by an au13 thorized representative of the Secretary or by 

14 registered mail. 

15 (B) DESIGNEE FOR RECEIPT OF NO16 TICE.—Any person may, in the manner pre17 scribed by the Secretary, designate a represent18 ative to receive any notice under this sub19 section. 

20 (9) REASONS ON RECORD FOR AMOUNT OF

21 PENALTY.—In determining the amount of the pen22 alty under this subsection, whether the penalty 

23 should be remitted or reduced, and by what amount, 

24 the Secretary shall state on the record the reasons 

25 for the determinations of the Secretary. 


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1 (10) REVIEW.— 

2 (A) IN GENERAL.—Any person who has re3 quested a hearing in accordance with paragraph 

4 (5) within the time the Secretary has prescribed 

5 for such a hearing and who is aggrieved by a 

6 final order of the Secretary under this sub7 section may seek review of the order in the 

8 United States district court for the judicial dis9 trict in which the violation allegedly took place. 

10 (B) BASIS FOR REVIEW.—Review by the 

11 district court shall be only on the administrative 

12 record and not de novo. 

13 (C) DEADLINE.—An action under this 

14 paragraph shall be barred unless the action is 

15 filed not later than the date that is 90 days 

16 after the date of issuance of the final order of 

17 the Secretary. 

18 (11) FAILURE TO PAY PENALTY.— 

19 (A) IN GENERAL.—Subject to subpara20 graphs (B) and (C), if any person fails to pay 

21 an assessment of a civil penalty under this Act, 

22 the court shall have jurisdiction to award the 

23 amount assessed plus interest from the date of 

24 the expiration of the 90-day period referred to 

25 in paragraph (10)(C). 


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1 (B) APPLICATION.—Subparagraph (A) ap2 plies— 

3 (i) after the order making the assess4 ment has become a final order and if the 

5 person does not file a petition for judicial 

6 review of the order in accordance with 

7 paragraph (10); or 

8 (ii) after a court in an action brought 

9 under paragraph (10) has entered a final 

10 judgment in favor of the Secretary. 

11 (C) ORDER TO PAY.—Judgment by the 

12 court shall include an order to pay. 

13 (j) CRIMINAL PENALTIES.—Any person who commits 

14 an act for which a civil penalty is provided under sub15 section (i)(4) shall, on conviction, be punished by a fine 

16 of not more than $50,000 or by imprisonment for not 

17 more than 2 years, or both. 

18 (k) EFFECTIVE DATE.— 

19 (1) IN GENERAL.—Except as provided in sec20 tion 201(b) with respect to the payment of royalties, 

21 the royalty required under section 201 or fee re22 quired under section 403 shall take effect with re23 spect to the production of minerals on or after the 

24 date of enactment of this Act. 


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1 (2) INITIAL PRODUCTION.—Any royalty pay2 ments or fee payments under section 403 attrib3 utable to production during the 1-year period begin4 ning on the date of enactment of this Act shall be 

5 payable at the expiration of the 1-year period, to6 gether with interest at the rate required under sub7 section (f)(2)(C). 

8 (l) INJUNCTION AND SPECIFIC ENFORCEMENT AU9 THORITY.— 

10 (1) CIVIL ACTION BY ATTORNEY GENERAL.—In 

11 addition to any other remedy under law, the Attor12 ney General or the designee of the Attorney General 

13 may bring a civil action in a district court of the 

14 United States, which shall have jurisdiction over 

15 such actions— 

16 (A) to restrain any violation of this title or 

17 section 403; or 

18 (B) to compel the taking of any action re19 quired by or under this title or section 403. 

20 (2) VENUE.—A civil action described in para21 graph (1) may be brought only in the United States 

22 district court for the judicial district in which the 

23 act, omission, or transaction constituting a violation 

24 under this title or section 403 occurred, or in which 

25 the defendant is found or transacts business. 


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1 SEC. 204. REVIEW. 

2 (a) IN GENERAL.—Not later than 5 years after the 

3 date of enactment of this Act and every 5 years thereafter, 

4 the Secretary shall complete a review and submit to the 

5 Committee on Energy and Natural Resources of the Sen6 ate and the Committee on Natural Resources of the House 

7 of Representatives a report addressing collections and im8 pacts of the royalty and fees provided for by this Act. 

9 (b) TOPICS.—The report shall address— 

10 (1) the total revenues received (by category) on 

11 an annual basis as— 

12 (A) claim maintenance fees; 

13 (B) location fees; 

14 (C) land use fees; 

15 (D) royalties and related payments; and 

16 (E) abandoned mine land fees; 

17 (2) the disposition of the fees and royalties, in18 cluding— 

19 (A) the amount used for mining law pro20 gram administration; and 

21 (B) the amount used for abandoned mine 

22 land reclamation, including allocation by State 

23 and Indian tribe; 

24 (3) the effectiveness of the program under this 

25 Act in addressing abandoned mine land problems on 

26 Federal and non-Federal land; 


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1 (4) any impact on domestic locatable mineral 

2 exploration and production as a result of the fees 

3 and royalties; and 

4 (5) any recommendations with respect to 

5 changes in Federal law (including regulations) relat6 ing to the amount or method of collection (including 

7 auditing, compliance, and enforcement) of the fees 

8 and royalties. 

9 TITLE III—MINERAL ACTIVITIES 

10 SEC. 301. PERMITS. 

11 (a) IN GENERAL.—Except as provided in section 

12 501(a)(2), no person may engage in mineral activities on 

13 Federal land that may cause a disturbance of surface re14 sources, including land, air, water, and fish and wildlife, 

15 unless a permit authorizing the activities was issued to 

16 the person under this title. 

17 (b) EXCEPTIONS.—Notwithstanding subsection (a), a 

18 permit under this title shall not be required for mineral 

19 activities that are a casual use of the Federal land. 

20 (c) NO MODIFICATION.—Nothing in this section en21 larges, diminishes, establishes, repeals, or otherwise modi22 fies any requirement of law that a mining claim, millsite, 

23 or tunnel site be valid in order for mineral activities to 

24 be undertaken. 


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1 (d) COORDINATION WITH NEPA PROCESS.—To the 

2 maximum extent practicable, the Secretary concerned 

3 shall conduct the permit processes under this Act in co4 ordination with the timing and other requirements of sec5 tion 102 of the National Environmental Policy Act of 

6 1969 (42 U.S.C. 4332). 

7 SEC. 302. EXPLORATION PERMITS. 

8 (a) IN GENERAL.—Except as provided in section 

9 501(a)(2), an exploration permit shall be required prior 

10 to conducting any exploration activities on Federal land 

11 that involve more than the casual use of the Federal land. 

12 (b) LIMITATIONS.—An exploration permit under sub13 section (a) shall not authorize the person to— 

14 (1) remove any mineral for sale; or 

15 (2) conduct any activity other than an activity 

16 required for— 

17 (A) exploration for locatable minerals; or 

18 (B) reclamation. 

19 (c) REQUIREMENTS.—To be eligible for an explo20 ration permit, a person shall submit to the Secretary con21 cerned, in a manner prescribed by the Secretary con22 cerned, an application for an exploration permit that con23 tains— 

24 (1) an exploration plan demonstrating that— 


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1 (A) the applicant will operate in accord2 ance with this Act and applicable regulations; 

3 (B) the formation of acid mine drainage 

4 will be avoided to the maximum extent prac5 ticable; and 

6 (C) mineral activities will be conducted in 

7 a manner that uses best management practices; 

8 (2) a description of potential impacts to 

9 groundwater and surface water, including appro10 priate hydrological assessments and analyses, as rea11 sonably required by the Secretary; 

12 (3) a reclamation plan for the proposed explo13 ration activity demonstrating that the applicant will 

14 conduct reclamation activities in accordance with 

15 section 306; 

16 (4) evidence of adequate financial assurance in 

17 accordance with section 304; 

18 (5) the necessary documentation to demonstrate 

19 that the proposed exploration activity will comply 

20 with applicable Federal and State environmental 

21 laws (including regulations); 

22 (6) a monitoring and evaluation plan to ensure 

23 compliance with reclamation and other requirements 

24 of this Act; and 


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1 (7) any other relevant information determined 

2 by the Secretary to be necessary to satisfy the re3 quirements of this Act and other applicable law. 

4 (d) PERMIT ISSUANCE.— 

5 (1) APPROVAL.— 

6 (A) IN GENERAL.—Subject to subpara7 graph (B), the Secretary concerned shall ap8 prove an application and issue an exploration 

9 permit if the Secretary concerned determines 

10 that the application is in compliance with— 

11 (i) this Act; 

12 (ii) any regulations promulgated 

13 under this Act; and 

14 (iii) any other applicable laws. 

15 (B) CONDITIONS.—The Secretary con16 cerned may reasonably condition the approval 

17 of such a permit to satisfy the requirements of 

18 this Act and applicable regulations. 

19 (2) DENIAL.—The Secretary concerned shall 

20 deny the issuance of an exploration permit if the 

21 Secretary concerned determines that the permit does 

22 not meet the requirements of— 

23 (A) this Act; 

24 (B) any regulations promulgated under 

25 this Act; or 


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1 (C) other applicable laws. 

2 (3) NOTICE.—Before approving or denying an 

3 exploration permit under this subsection, the Sec4 retary concerned— 

5 (A) shall provide public notice and an op6 portunity for written comment; and 

7 (B) may hold a public hearing. 

8 (e) MODIFICATIONS TO PERMIT.— 

9 (1) IN GENERAL.—The permit holder may sub10 mit to the Secretary concerned an application to 

11 modify an exploration permit. 

12 (2) APPROVAL.— 

13 (A) IN GENERAL.—In determining whether 

14 to approve or disapprove a proposed modifica15 tion to an exploration permit, the Secretary 

16 concerned shall make the same determinations 

17 as are required in the case of the original per18 mit. 

19 (B) EXCEPTIONS.—Subparagraph (A) 

20 shall not apply to minor modifications to an ex21 ploration permit or instances in which the na22 ture of the modifications make compliance with 

23 the requirements unnecessary, as determined by 

24 the Secretary concerned. 


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1 (3) MODIFICATIONS FROM SECRETARY CON2 CERNED.— 

3 (A) IN GENERAL.—The Secretary con4 cerned may require reasonable modification to 

5 any permit on a determination that the require6 ments of this Act or other applicable law cannot 

7 be met if the permit is followed as approved. 

8 (B) REQUIREMENTS FOR DETERMINA9 TION.—A determination under subparagraph 

10 (A) shall be— 

11 (i) based on a written finding; and 

12 (ii) subject to notice and hearing re13 quirements established by the Secretary 

14 concerned. 

15 SEC. 303. MINING PERMITS. 

16 (a) IN GENERAL.—Except as provided in section 

17 501(a)(2), a mining permit shall be required prior to con18 ducting mineral activities on Federal land, other than cas19 ual use or exploration on the Federal land. 

20 (b) REQUIREMENTS.—To be eligible for a mining per21 mit, a person shall submit to the Secretary concerned, in 

22 a manner prescribed by the Secretary concerned, an appli23 cation for a mining permit that contains— 


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1 (1) a description of the condition of the land 

2 and water resources of the area before mining activi3 ties are initiated; 

4 (2) an operations plan demonstrating that— 

5 (A) the applicant will operate in accord6 ance with this Act and applicable regulations; 

7 (B) the formation of acid mine drainage 

8 will be avoided to the maximum extent prac9 ticable; and 

10 (C) mineral activities will be conducted in 

11 a manner that uses best management practices; 

12 (3) a description of potential impacts to 

13 groundwater and surface water, including appro14 priate hydrological assessments and analyses, as rea15 sonably required by the Secretary; 

16 (4) a reclamation plan for the proposed mineral 

17 activities demonstrating that the applicant will con18 duct reclamation activities in accordance with sec19 tion 306; 

20 (5) evidence of adequate financial assurance 

21 under section 304, including, if required, a trust 

22 fund as required under section 304(i); 

23 (6) the necessary documentation to demonstrate 

24 that the proposed mineral activities will comply with 


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1 applicable Federal and State environmental laws (in2 cluding regulations); 

3 (7) a monitoring and evaluation plan to ensure 

4 compliance with reclamation and other requirements 

5 of this Act; and 

6 (8) any other relevant information determined 

7 by the Secretary concerned to be necessary to satisfy 

8 the requirements of this Act and other applicable 

9 law. 

10 (c) PERMIT ISSUANCE.— 

11 (1) APPROVAL.— 

12 (A) IN GENERAL.—Subject to subpara13 graph (B), the Secretary concerned shall ap14 prove a permit application and issue a mining 

15 permit if the Secretary concerned determines 

16 that the application is in compliance with— 

17 (i) this Act; 

18 (ii) any regulations promulgated 

19 under this Act; and 

20 (iii) other applicable laws. 

21 (B) CONDITIONS.—The Secretary con22 cerned may reasonably condition the approval 

23 of such a permit to satisfy the requirements of 

24 this Act and applicable regulations. 


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1 (2) DENIAL.—The Secretary concerned shall 

2 deny the issuance of a mining permit if the Sec3 retary concerned determines that the permit does 

4 not meet the requirements of— 

5 (A) this Act; 

6 (B) any regulations promulgated under 

7 this Act; or 

8 (C) other applicable laws. 

9 (3) NOTICE.—Before approving or denying a 

10 mining permit under this subsection, the Secretary 

11 concerned— 

12 (A) shall provide public notice and an op13 portunity for written comment; and 

14 (B) may hold a public hearing. 

15 (d) TERM OF PERMIT; CONTINUATION.— 

16 (1) IN GENERAL.—An operations permit 

17 shall— 

18 (A) be for a term of 30 years; and 

19 (B) continue for so long thereafter as 

20 locatable minerals are produced in commercial 

21 quantities from the permit area in compliance 

22 with the requirements of this Act and other ap23 plicable law. 

24 (2) CONTINUATION.—No permit shall expire be25 cause operations or production have ceased pursuant 


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1 to an approved temporary cessation or been sus2 pended pursuant to any order of, or with the consent 

3 of, the Secretary concerned. 

4 (e) MODIFICATIONS TO PERMIT.— 

5 (1) REQUEST FROM PERMIT HOLDER.— 

6 (A) IN GENERAL.—A mining permit holder 

7 may submit to the Secretary concerned an ap8 plication to modify the mining permit. 

9 (B) APPROVAL.— 

10 (i) IN GENERAL.—In determining 

11 whether to approve or disapprove a pro12 posed modification to a mining permit, the 

13 Secretary concerned shall make the same 

14 determinations as are required in the case 

15 of an original mining permit. 

16 (ii) EXCEPTIONS.—Clause (i) shall 

17 not apply to minor modifications to a min18 ing permit or instances in which the nature 

19 of the modifications make compliance with 

20 the requirements unnecessary, as deter21 mined by the Secretary concerned. 

22 (2) MODIFICATIONS FROM SECRETARY CON23 CERNED.— 

24 (A) IN GENERAL.—The Secretary con25 cerned may require reasonable modification to 


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1 any permit on a determination that the require2 ments of this Act or other applicable law cannot 

3 be met if the permit is followed as approved. 

4 (B) REQUIREMENTS FOR DETERMINA5 TION.—A determination under subparagraph 

6 (A) shall be— 

7 (i) based on a written finding; and 

8 (ii) subject to notice and hearing re9 quirements established by the Secretary 

10 concerned. 

11 (f) LAND USE FEES.— 

12 (1) IN GENERAL.—In the case of Federal land 

13 included in a mining permit approved under this sec14 tion after the date of enactment of this Act, or Fed15 eral land added pursuant to a modification to a per16 mit or plan of operations if the modification is ap17 proved after the date of enactment of this Act, not 

18 later than August 31 of each year, the operator shall 

19 pay a land use fee in an amount established by the 

20 Secretary by regulation that is equal to 4 times the 

21 claim maintenance fee imposed section 102(a)(1) for 

22 each 20 acres of Federal land that is included within 

23 the mine permit area. 

24 (2) ADDITIONAL FEE.—The land use fee im25 posed under this subsection shall be in addition to 


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1 the claim maintenance fees imposed under section 

2 102(a). 

3 (3) AUTHORIZED ACTIVITIES.—Upon approval 

4 by the Secretary concerned of a mining permit and 

5 upon payment of the land use fee as required by this 

6 subsection, the operator may use and occupy all 

7 Federal land within the mine permit area for such 

8 uses as are approved in the mining permit if the 

9 uses are undertaken in accordance with all applica10 ble law. 

11 (4) ADJUSTMENT.—Land use fees imposed 

12 under this subsection shall be adjusted as necessary 

13 to correspond to any adjustment in the claim main14 tenance fees imposed under section 102(a). 

15 (5) DISPOSITION OF FUNDS.—Any amounts re16 ceived under this subsection shall be deposited in the 

17 Fund. 

18 (g) TEMPORARY CESSATION OF OPERATIONS.— 

19 (1) IN GENERAL.—An operator conducting min20 eral activities under this title may not temporarily 

21 cease mineral activities for a period of greater than 

22 180 days unless— 

23 (A) the Secretary concerned has approved 

24 the temporary cessation; or 


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1 (B) the temporary cessation is permitted 

2 under the exploration or mining permit. 

3 (2) MULTIPLE TEMPORARY CESSATIONS.—The 

4 Secretary concerned may approve more than 1 tem5 porary cessation for mineral activities under a per6 mit. 

7 (3) INTERIM MANAGEMENT PLAN.—Any oper8 ator temporarily ceasing mineral activities shall fol9 low an interim management plan approved by the 

10 Secretary concerned. 

11 SEC. 304. FINANCIAL ASSURANCES. 

12 (a) IN GENERAL.—Before beginning any mineral ac13 tivities requiring an exploration or mining permit under 

14 this Act, an operator shall provide to the Secretary con15 cerned evidence of a bond, surety, or other financial assur16 ance approved by the Secretary concerned in an amount 

17 determined, after public notice and comment, by the Sec18 retary concerned to be sufficient to ensure the completion 

19 of reclamation under section 306 and the restoration of 

20 any land or water adversely affected by the mineral activi21 ties if the work (including any interim stabilization and 

22 infrastructure maintenance activities) would be performed 

23 by the Secretary concerned (or a third party retained by 

24 the Secretary concerned) in the event of forfeiture. 


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1 (b) LAND AND WATER COVERED.—The financial as2 surance shall cover— 

3 (1) all land within the initial permit area; 

4 (2) all affected water that may require restora5 tion, treatment, or other management as a result of 

6 mineral activities; and 

7 (3) all land added and water affected pursuant 

8 to any permit modification. 

9 (c) REVIEW.—Not later than 3 years after the date 

10 on which an operator provides financial assurance in an 

11 amount determined under subsection (a) and not later 

12 than every 3 years thereafter, the Secretary concerned 

13 shall— 

14 (1) review the financial assurance to determine 

15 if the amount of the financial assurance is adequate 

16 for purposes of this section; and 

17 (2) if the Secretary concerned determines that 

18 the amount of the financial assurance is not ade19 quate, adjust the amount of the financial assurance 

20 in accordance with this section. 

21 (d) REDUCTION.— 

22 (1) IN GENERAL.—The Secretary concerned 

23 may reduce the amount of the financial assurance 

24 required if the Secretary concerned determines that 


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1 a portion of the reclamation is completed in accord2 ance with section 306. 

3 (2) NOTICE.—Before reducing or releasing the 

4 amount of financial assurance pursuant to this sub5 section, the Secretary concerned shall provide public 

6 notice and a reasonable opportunity for public notice 

7 and comment in accordance with subsection (g). 

8 (e) INCREMENTAL FINANCIAL ASSURANCE.— 

9 (1) IN GENERAL.—The Secretary concerned 

10 may authorize amounts of financial assurance for in11 cremental mineral activities if— 

12 (A) no mineral activities are allowed be13 yond the activities for which financial assurance 

14 is provided; 

15 (B) the financial assurance for an incre16 ment covers all reclamation costs within the 

17 permit area for the increment; and 

18 (C) the amount and terms of the financial 

19 assurance for each increment are reviewed an20 nually. 

21 (2) REVIEW.—Notwithstanding subsection (c), 

22 the Secretary concerned shall— 

23 (A) review at least on an annual basis the 

24 amount and terms of the financial assurance 

25 for any increment; and 


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1 (B) adjust the financial assurance as ap2 propriate. 

3 (f) DURATION.—The financial assurance required 

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

5 mineral activities and for an additional period to cover the 

6 responsibility of the operator for reclamation, long-term 

7 maintenance, and effluent treatment as specified in sub8 section (h). 

9 (g) RELEASE.—Subject to subsections (h) and (i), 

10 the Secretary concerned may, after public notice and a 

11 reasonable opportunity for public comment and after in12 spection, release in whole or in part the financial assur13 ance required under this section if the Secretary concerned 

14 determines that— 

15 (1) reclamation covered by the financial assur16 ance has been accomplished as required by this Act 

17 and other applicable law; and 

18 (2) the terms and conditions of any other appli19 cable Federal and State requirements have been ful20 filled. 

21 (h) RELEASE OF FINANCIAL ASSURANCE FOR

22 WATER.—If the Secretary concerned does not require the 

23 establishment of a trust fund or other long-term funding 

24 mechanism under subsection (i), the portion of the finan25 cial assurance attributable to the estimated cost of treatVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386

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1 ment of any discharge or other water-related condition re2 sulting from mineral activities shall not be released until 

3 the public has been provided notice and an opportunity 

4 to comment in accordance with subsection (g) and— 

5 (1) the discharge has ceased for a period of at 

6 least 5 years, as determined through ongoing moni7 toring and testing; or 

8 (2) if the discharge continues, the operator has 

9 met all applicable effluent limitations and water 

10 quality standards for a period of at least 5 years. 

11 (i) LONG-TERM FINANCIAL ASSURANCES.— 

12 (1) IN GENERAL.—Notwithstanding subsections 

13 (d) and (g), if any discharge or other water-related 

14 condition resulting from mineral activities requires 

15 treatment in order to meet the applicable effluent 

16 limitations and water quality standards, the finan17 cial assurance shall cover the estimated cost of 

18 maintaining the treatment for the period that will be 

19 needed after the cessation of mineral activities. 

20 (2) LONG-TERM FUNDING MECHANISMS.— 

21 (A) IN GENERAL.—The Secretary con22 cerned shall, if determined necessary by the 

23 Secretary concerned, require the operator to es24 tablish a trust fund or other funding mecha25 nism to provide financial assurances to ensure 


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1 the continuation of long-term treatment or 

2 other management to achieve water quality 

3 standards and for other long-term, post-mining 

4 maintenance or monitoring requirements. 

5 (B) AMOUNT.—The amount of funding 

6 shall be adequate to provide for construction, 

7 long-term operation, maintenance, or replace8 ment of any treatment facilities and infrastruc9 ture, for as long as the treatment and facilities 

10 are needed after mine closure. 

11 (C) LIABILITY.—Nothing in this para12 graph allows any person to transfer any liability 

13 arising from mineral activities to any other per14 son. 

15 (j) REPORT.— 

16 (1) IN GENERAL.—Not later than 3 years after 

17 the date of enactment of this Act, the Secretary, in 

18 consultation with the Secretary of Agriculture and 

19 the Administrator of the Environmental Protection 

20 Agency, shall conduct a review and submit to the 

21 Committee on Energy and Natural Resources of the 

22 Senate and the Committee on Natural Resources of 

23 the House of Representatives a report regarding the 

24 sufficiency of financial assurances for locatable minVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386

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1 erals activities (including exploration and mining) on 

2 Federal land. 

3 (2) TOPICS.—The report shall address— 

4 (A) methods for establishing financial as5 surances levels; 

6 (B) the type, level, and adequacy of finan7 cial assurances required for exploration activi8 ties; 

9 (C) for each mine on Federal land— 

10 (i) the dates of approval of any plan 

11 of operation or mining permit; 

12 (ii) the acreage involved; 

13 (iii) the expected life of the mine; 

14 (iv) the type, level, and adequacy of fi15 nancial assurance; and 

16 (v) whether the mine is expected to 

17 require long-term water treatment or 

18 maintenance after mine closure; 

19 (D) the effectiveness of various types of fi20 nancial assurances; and 

21 (E) the availability of and costs associated 

22 with various types of financial assurances. 

23 (3) RECOMMENDATIONS.—The report shall in24 clude any recommendations for modifications to 

25 Federal law or applicable regulations to improve the 


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1 effectiveness of financial assurances for locatable 

2 mineral activities described in paragraph (1). 

3 SEC. 305. TRANSFER, ASSIGNMENT, OR SALE OF RIGHT. 

4 The Secretary concerned shall approve the transfer, 

5 assignment, or sale of rights of an exploration or mining 

6 permit only if the successor in interest agrees in writing 

7 to assume the liability and reclamation responsibilities (in8 cluding the financial assurance requirements under section 

9 304 (including applicable regulations)) established by the 

10 permit under this Act, without affecting the liability of the 

11 transferor under any other law or exploration or mining 

12 permit. 

13 SEC. 306. OPERATION AND RECLAMATION. 

14 (a) IN GENERAL.—The operator shall restore land 

15 and water subject to mineral activities carried out under 

16 a permit issued under this title to a condition capable of 

17 supporting— 

18 (1) the uses that the land and water was capa19 ble of supporting before surface disturbance by the 

20 operator; or 

21 (2) other beneficial uses that conform to appli22 cable land use plans (including, if appropriate, the 

23 generation of renewable energy), as determined by 

24 the Secretary concerned. 

25 (b) TIMING.— 


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1 (1) IN GENERAL.—Reclamation activities shall 

2 be carried out as contemporaneously as practicable 

3 with the conduct of mineral activities. 

4 (2) TEMPORARY CESSATION.—If mineral activi5 ties are ceased for a period other than a temporary 

6 cessation as approved by the Secretary concerned, 

7 reclamation activities shall begin immediately. 

8 (c) ADMINISTRATION OF LAND.—Notwithstanding 

9 section 302(b) of the Federal Land Policy and Manage10 ment Act of 1976 (43 U.S.C. 1732(b)), the first section 

11 of the Act of June 4, 1897 (commonly known as the ‘‘Or12 ganic Act of 1897’’) (16 U.S.C. 478), or the Forest and 

13 Rangeland Renewable Resources Planning Act of 1974 

14 (16 U.S.C. 1600 et seq.), and in accordance with this title 

15 and applicable law, unless expressly stated otherwise in 

16 this Act, the Secretary concerned— 

17 (1) shall ensure that mineral activities on any 

18 Federal land that is subject to a mining claim, mill19 site claim, or tunnel site claim are carefully con20 trolled to prevent undue degradation of public land 

21 and resources; and 

22 (2) shall not grant permission to engage in min23 eral activities if the Secretary concerned, after con24 sidering the evidence, makes a determination that 


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1 undue degradation would result from those activi2 ties. 

3 (d) OPERATION AND RECLAMATION STANDARDS.— 

4 The Secretary and the Secretary of Agriculture shall joint5 ly promulgate regulations that carry out this Act. 

6 (e) RELATIONSHIP TO OTHER LAWS.—The require7 ments of this Act shall be in addition to any requirements 

8 applicable to mineral activities under— 

9 (1) the Federal Land Policy and Management 

10 Act of 1976 (43 U.S.C. 1701 et seq.); 

11 (2) the National Forest Management Act of 

12 1976 (16 U.S.C. 472a et seq.); and 

13 (3) the Act of June 4, 1897 (commonly known 

14 as the ‘‘Organic Act of 1897’’) (16 U.S.C. 473–482, 

15 551). 

16 SEC. 307. LAND OPEN TO LOCATION. 

17 Section 202(e) of the Federal Land Policy and Man18 agement Act of 1976 (43 U.S.C. 1712(e)) is amended— 

19 (1) in paragraph (3), by striking ‘‘removed 

20 from or restored to the operation of the Mining Law 

21 of 1872, as amended (R.S. 2318–2352; 30 U.S.C. 

22 21 et seq.) or’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(4) REVIEW OF LAND.— 


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1 ‘‘(A) DEFINITION OF NATIONAL CON2 SERVATION SYSTEM UNIT.—In this paragraph, 

3 the term ‘National Conservation System unit’ 

4 means— 

5 ‘‘(i) any unit of— 

6 ‘‘(I) the National Park System; 

7 ‘‘(II) the National Wildlife Ref8 uge System; or 

9 ‘‘(III) the National Wild and 

10 Scenic Rivers System; 

11 ‘‘(ii) a National Monument; or 

12 ‘‘(iii) a National Conservation Area. 

13 ‘‘(B) REVIEW.—Not later than 3 years 

14 after the date of enactment of this paragraph, 

15 each Secretary concerned, acting through the 

16 local Federal land manager, shall, consistent 

17 with the respective jurisdiction of each Sec18 retary concerned, undertake and complete a re19 view of— 

20 ‘‘(i) public land designated as a wil21 derness study area or National Forest Sys22 tem land identified as suitable for wilder23 ness designation; 

24 ‘‘(ii) areas of critical environmental 

25 concern; 


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1 ‘‘(iii) Federal land in which mineral 

2 activities pose a reasonable likelihood of 

3 substantial adverse impacts on National 

4 Conservation system units; 

5 ‘‘(iv)(I) areas designated for inclusion 

6 in the National Wild and Scenic Rivers 

7 System pursuant to the Wild and Scenic 

8 Rivers Act (16 U.S.C. 1271 et seq.); 

9 ‘‘(II) areas designated for potential 

10 addition to the System pursuant to section 

11 5(a) of that Act (16 U.S.C. 1276(a)); and 

12 ‘‘(III) areas determined to be eligible 

13 for inclusion in the System pursuant to 

14 section 5(d) of that Act (16 U.S.C. 

15 1276(d)); and 

16 ‘‘(v)(I) inventoried roadless areas (as 

17 defined in section 294.11 of title 36, Code 

18 of Federal Regulations (or successor regu19 lations)); 

20 ‘‘(II) Idaho Roadless Areas (as de21 fined in section 294.21 of title 36, Code of 

22 Federal Regulations (or successor regula23 tions)); and 

24 ‘‘(III) Colorado Roadless Areas (as 

25 defined in section 294.41 of title 36, Code 


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1 of Federal Regulations (or successor regu2 lations)). 

3 ‘‘(5) WITHDRAWALS OF LAND.— 

4 ‘‘(A) IN GENERAL.—Subsequent to review 

5 in accordance with paragraph (4)(B), in addi6 tion to withdrawals made pursuant to section 

7 204 and subject to valid existing rights, tracts 

8 of Federal land may, pursuant to this para9 graph, be removed from operation of sections 

10 2318 through 2352 of the Revised Statutes 

11 (commonly known and referred to in this sub12 section as the ‘Mining Law of 1872’) (30 

13 U.S.C. 21 et seq.) if the Secretary, based on 

14 the analysis of the local Federal land manager, 

15 and in the case of National Forest System land, 

16 on the recommendation of the Secretary of Ag17 riculture based on the analysis of the local Fed18 eral land manager, determines that the action is 

19 appropriate after application of the criteria es20 tablished under subsection (c). 

21 ‘‘(B) REVISION OF LAND USE PLANS.— 

22 The Secretary concerned, acting through the 

23 local Federal land manager, shall revise or 

24 amend the applicable land use plan, as appro25 priate, to provide for removal of land, subject to 


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1 valid existing rights, from operation of the Min2 ing Law of 1872 on a determination by the Sec3 retary under subparagraph (A) that the land 

4 should be removed from operation of that Act. 

5 ‘‘(C) SEGREGATION FROM GENERAL MIN6 ING LAWS PENDING COMPLETION.—On a deter7 mination by the Secretary that the land should 

8 be removed from operation of the Mining Law 

9 of 1872, the land shall be immediately seg10 regated from operation of the Mining Law of 

11 1872 until the plan amendment or revision is 

12 completed. 

13 ‘‘(D) COMPLETION DEADLINE.—Any 

14 amendment or revision of a land use plan shall 

15 be completed not later than 1 year after the 

16 date of the determination of the Secretary 

17 under subparagraph (A). 

18 ‘‘(6) PETITION FOR REVIEW.—The Governor of 

19 a State, the head of an Indian tribe, or an appro20 priate local government official may petition— 

21 ‘‘(A) the Secretary concerned to direct the 

22 local Federal land manager to undertake a re23 view under paragraph (4); and 

24 ‘‘(B) the Secretary to determine whether 

25 land within the State should be removed from 


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1 operation of the Mining Law of 1872, subject 

2 to valid existing rights, pursuant to paragraph 

3 (5).’’. 

4 SEC. 308. STATE LAW. 

5 Any reclamation, environmental, public health protec6 tion, bonding, or inspection standard or requirement in 

7 State law (including regulations) that meets or exceeds the 

8 requirements of this Act shall not be considered to be in9 consistent with this Act. 

10 SEC. 309. INSPECTION AND MONITORING. 

11 (a) INSPECTIONS.— 

12 (1) IN GENERAL.—The Secretary concerned 

13 shall make inspections of mineral activities to ensure 

14 compliance with this Act. 

15 (2) TIMING.—The Secretary concerned shall es16 tablish the frequency of inspections for mineral ac17 tivities conducted under a permit issued under this 

18 Act, with the Secretary concerned requiring not less 

19 than 1 complete inspection per calendar quarter. 

20 (3) ANNUAL INSPECTIONS.—After revegetation 

21 has been established in accordance with a reclama22 tion plan, the Secretary concerned shall conduct not 

23 less than 2 complete inspections per year. 

24 (4) SEASONAL ACTIVITIES.—The Secretary con25 cerned shall have the discretion to modify the inVerDate Sep 11 2014 04:44 May 17, 2019 Jkt 089200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386

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1 spection frequency for mineral activities that are 

2 conducted on a seasonal basis, except that the Sec3 retary concerned shall require not less than 2 com4 plete inspections per calendar year. 

5 (5) FINANCIAL ASSURANCE.—Inspections shall 

6 continue under this subsection until the final release 

7 of financial assurance. 

8 (b) MONITORING.—The Secretary concerned shall re9 quire all operators— 

10 (1) to develop and maintain a monitoring and 

11 evaluation system to identify compliance with all re12 quirements of a permit approved under this Act; and 

13 (2) to submit such reports as may be required 

14 by the Secretary concerned. 

15 SEC. 310. TRIBAL CONSULTATION. 

16 (a) IN GENERAL.—Consistent with Executive Order 

17 13175 (25 U.S.C. 5301 note; relating to consultation and 

18 coordination with Indian Tribal governments) and all 

19 other applicable Federal law, the Secretary concerned 

20 shall conduct active, meaningful, and timely consultation 

21 with all applicable Indian tribes prior to undertaking or 

22 issuing a permit for any mineral activity that may affect— 

23 (1) Indian land; or 

24 (2) land that is not Indian land but is— 


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1 (A) within the exterior boundaries of In2 dian country (as defined in section 1151 of title 

3 18, United States Code); or 

4 (B) land to which an Indian tribe attaches 

5 religious or cultural significance. 

6 (b) TIMING.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), each consultation required for a mineral 

9 activity under subsection (a) shall be completed be10 fore— 

11 (A) any Federal funds are expended for 

12 the mineral activity; and 

13 (B) the issuance of any permit for the 

14 mineral activity. 

15 (2) EXCEPTION.—Paragraph (1) shall not 

16 apply to nondestructive project planning for a min17 eral activity. 

18 (c) REQUIREMENTS.—The Secretary concerned shall 

19 ensure that consultation with an Indian tribe under this 

20 section— 

21 (1) provides the Indian tribe a reasonable op22 portunity— 

23 (A) to identify any concerns of the Indian 

24 tribe; 


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1 (B) to advise on the identification and 

2 evaluation of other areas that potentially would 

3 be impacted by the mineral activities, including 

4 areas of traditional religious or cultural impor5 tance; 

6 (C) to articulate the views of the Indian 

7 tribe regarding the direct and indirect effects of 

8 the mineral activities on the areas identified 

9 and evaluated under subparagraph (B); and 

10 (D) to participate in the resolution of any 

11 potential adverse effects of the mineral activi12 ties; 

13 (2) includes consultation with the representa14 tives designated or identified by the Indian tribe; 

15 (3) recognizes that the relationship between the 

16 Federal Government and Indian tribes— 

17 (A) is a government-to-government rela18 tionship; and 

19 (B) is a unique legal relationship, as pro20 vided under the Constitution of the United 

21 States, treaties, laws, and court decisions; and 

22 (4) is conducted in a manner— 

23 (A) sensitive to the concerns and needs of 

24 the Indian tribe; and 

25 (B) respectful of Tribal sovereignty. 


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1 (d) EFFECT.—Nothing in this section— 

2 (1) alters, amends, repeals, interprets, or modi3 fies Tribal sovereignty or the treaty or other rights 

4 of any Indian tribe; or 

5 (2) preempts, modifies, or limits the exercise of 

6 Tribal sovereignty or the treaty or other rights of 

7 any Indian tribe. 

8 TITLE IV—HARDROCK 

9 MINERALS RECLAMATION FUND 

10 SEC. 401. ESTABLISHMENT OF FUND. 

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

12 Treasury of the United States a separate account, to be 

13 known as the ‘‘Hardrock Minerals Reclamation Fund’’, 

14 consisting of— 

15 (1) any amounts received by the United States 

16 under section 101; 

17 (2) any amounts collected under section 102 

18 (subject to the requirements of section 102(c)(1)); 

19 (3) any amounts donated to the Fund by per20 sons, corporations, associations, and foundations; 

21 (4) any amounts collected under section 201; 

22 (5) any amounts collected under section 303(e); 

23 (6) any amounts collected under section 403; 

24 (7) any amounts collected under sections 203 

25 and 502; and 


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1 (8) any income on investments under subsection 

2 (b). 

3 (b) INVESTMENT.— 

4 (1) IN GENERAL.—The Secretary shall notify 

5 the Secretary of the Treasury of any portion of the 

6 Fund that the Secretary determines is not required 

7 to meet current withdrawals. 

8 (2) ELIGIBLE INVESTMENTS.—The Secretary of 

9 the Treasury shall invest portions of the Fund iden10 tified under paragraph (1) in public debt securities 

11 with maturities suitable for the needs of the Fund. 

12 (3) INTEREST.—Investments in public debt se13 curities shall bear interest at rates determined by 

14 the Secretary of the Treasury, taking into consider15 ation current market yields on outstanding market16 place obligations of the United States of comparable 

17 maturity. 

18 (c) ADMINISTRATION.—The Fund shall be adminis19 tered by the Secretary, acting through the Director of the 

20 Office of Surface Mining Reclamation and Enforcement. 

21 (d) EXPENDITURES.—Subject to section 402, 

22 amounts in the Fund may, without fiscal year limitation 

23 and without further appropriation— 

24 (1) be expended by the Secretary for the pur25 poses described in section 402; 


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1 (2) be transferred by the Secretary to the Di2 rector of the Bureau of Land Management, the 

3 Chief of the Forest Service, the Director of the Na4 tional Park Service, the Director of the United 

5 States Fish and Wildlife Service, or the head of any 

6 other Federal agency, that develops, implements, 

7 and has the ability to carry out all or a significant 

8 portion of a reclamation program under this title; or 

9 (3) be transferred by the Secretary to an Indian 

10 tribe or a State with an approved reclamation pro11 gram, as provided in subsection (e). 

12 (e) STATE AND TRIBAL RECLAMATION PROGRAMS.— 

13 (1) IN GENERAL.—Each State having within 

14 the borders of the State, or Indian tribe having 

15 within the borders of the reservation of the Indian 

16 tribe, mined land that is eligible for reclamation 

17 under this title may submit to the Secretary a rec18 lamation program for the land. 

19 (2) APPROVAL.—If the Secretary determines 

20 that a State or Indian tribe has developed and sub21 mitted a program for reclamation of abandoned 

22 mines consistent with the priorities established 

23 under section 402(c) and has the ability and nec24 essary State or tribal legislation to implement this 

25 title, the Secretary shall— 


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1 (A) approve the program; and 

2 (B) grant to the State or Indian tribe the 

3 exclusive responsibility and authority to imple4 ment the approved program. 

5 (3) WITHDRAWAL OF APPROVAL.—The Sec6 retary shall withdraw the approval and authorization 

7 if the Secretary determines that the State or tribal 

8 program is not in compliance with procedures, 

9 guidelines, and requirements established by the Sec10 retary. 

11 (4) APPROVAL OF EXISTING PROGRAMS.—Sub12 ject to paragraph (3), any State program in an 

13 abandoned hardrock mine State or tribal program 

14 for reclamation of abandoned mines approved under 

15 title IV of the Surface Mining Control and Reclama16 tion Act of 1977 (30 U.S.C. 1231 et seq.) before the 

17 date of enactment of this Act and in good standing 

18 with the Secretary as of that date shall be consid19 ered approved under this title. 

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

21 (a) USE.— 

22 (1) IN GENERAL.—The Secretary may, without 

23 fiscal year limitation and without further appropria24 tion, use amounts in the Fund for the reclamation 

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1 versely affected by past hardrock minerals and min2 ing and related activities in abandoned hardrock 

3 mine States and on Indian land located within the 

4 exterior boundaries of abandoned hardrock mine 

5 States, including the conduct of activities— 

6 (A) to protect public health and safety; 

7 (B) to prevent, abate, treat, and control 

8 water pollution created by abandoned mine 

9 drainage, including activities conducted in wa10 tersheds; 

11 (C) to reclaim and restore abandoned sur12 face and underground mined areas; 

13 (D) to reclaim and restore abandoned mill14 ing and processing areas; 

15 (E) to backfill, seal, or otherwise control 

16 abandoned underground mine entries; 

17 (F) to revegetate land adversely affected 

18 by past mining activities— 

19 (i) to prevent erosion and sedimenta20 tion; and 

21 (ii) for any other reclamation purpose; 

22 (G) to control surface subsidence due to 

23 abandoned underground mines; and 

24 (H) to enhance fish and wildlife habitat. 


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1 (2) DETERMINATION.—Before expending 

2 amounts in the Fund for the purposes described in 

3 paragraph (1), the Secretary shall make a deter4 mination that there is no continuing reclamation re5 sponsibility of the claim holder, operator, or other 

6 person who abandoned the site before completion of 

7 the required reclamation under Federal or State law. 

8 (b) ALLOCATION.—Of the amounts deposited in the 

9 Fund each fiscal year— 

10 (1) 20 percent shall be allocated by the Sec11 retary for expenditure by the Secretary or, if a State 

12 or Indian tribe has an approved program pursuant 

13 to section 401(e), by the State or Indian tribe, in 

14 the States in which, or on Indian land on which, 

15 hardrock minerals are produced, based on a formula 

16 reflecting existing production in the State or on the 

17 land of the Indian tribe; 

18 (2) 30 percent shall be allocated by the Sec19 retary for expenditure by the Secretary or, if a State 

20 or Indian tribe has an approved program pursuant 

21 to section 401(e), by the State or Indian tribe, in 

22 the States and on Indian land using a formula based 

23 on the quantity of hardrock minerals historically 

24 produced in the State or from the Indian land before 

25 the date of enactment of this Act; 


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1 (3) 25 percent shall be allocated by the Sec2 retary for expenditure on Federal land; 

3 (4) 10 percent shall be available to the Sec4 retary for grants under subsection (e); 

5 (5) 10 percent shall be available to the Sec6 retary for grants under subsection (f); and 

7 (6) 5 percent shall be available for administra8 tive expenses of the United States, Indian tribes, 

9 and the States to accomplish the purposes of this 

10 title. 

11 (c) PRIORITIES.— 

12 (1) IN GENERAL.—Subject to paragraph (2), 

13 expenditures from the Fund shall be based on the 

14 following priorities: 

15 (A) The conduct of activities to protect 

16 public health and safety from the adverse ef17 fects of past hardrock mineral mining activities, 

18 including activities addressing surface water 

19 and groundwater contaminants. 

20 (B) The conduct of activities to restore 

21 land, water, and fish and wildlife resources de22 graded by the adverse effects of past hardrock 

23 mineral mining activities, including restoration 

24 activities in watershed areas. 


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1 (2) MULTIPLE PRIORITIES.—In complying with 

2 the priorities established under this subsection, 

3 funds may be expended for reclamation activities 

4 under paragraph (1)(B) before the completion of all 

5 reclamation projects under paragraph (1)(A) if the 

6 expenditure of the funds for reclamation activities 

7 under paragraph (1)(B) is made in conjunction with 

8 reclamation activities under paragraph (1)(A). 

9 (3) MINIMUM EXPENDITURE.—Notwithstanding 

10 paragraphs (1) and (2), not less than 25 percent of 

11 the expenditures by the Secretary on Federal lands 

12 for any year shall be for the purposes described in 

13 paragraph (1)(B). 

14 (d) ELIGIBLE LAND AND WATER.— 

15 (1) IN GENERAL.—Amounts may be expended 

16 for reclamation activities under this section only 

17 with respect to land or water resources if the land 

18 or water resources have been— 

19 (A) affected by hardrock mineral mining 

20 activities; and 

21 (B) abandoned or left in an inadequate 

22 reclamation status. 

23 (2) SPECIFIC SITES AND AREAS NOT ELIGI24 BLE.—Section 411(d) of the Surface Mining Control 


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1 and Reclamation Act of 1977 (30 U.S.C. 1240a(d)) 

2 shall apply to expenditures from the Fund. 

3 (3) INVENTORY.— 

4 (A) IN GENERAL.—The Secretary shall— 

5 (i) prepare and maintain a publicly 

6 available inventory of abandoned hardrock 

7 minerals mines on Federal land, State 

8 land, other publicly owned land, private 

9 land, and any abandoned mine on Indian 

10 land that may be eligible for expenditures 

11 under this section; and 

12 (ii) submit to Congress an annual re13 port that describes the progress in reclaim14 ing the sites listed on the inventory. 

15 (B) MAXIMUM EXPENDITURE.—The Sec16 retary shall expend not more than $5,000,000 

17 to carry out the inventory required by this 

18 paragraph. 

19 (e) GRANTS TO CERTAIN STATES AND INDIAN

20 TRIBES.— 

21 (1) IN GENERAL.—The Secretary shall use 

22 amounts made available under subsection (b)(4) to 

23 make grants to States (other than abandoned 

24 hardrock mine States) and Indian tribes to carry out 

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1 sources adversely affected by past hardrock minerals 

2 and mining activities, including the conduct of ac3 tivities described in subsection (a)(1). 

4 (2) DETERMINATION.—Before awarding a 

5 grant under this subsection, the Secretary shall 

6 make a determination that there is no continuing 

7 reclamation responsibility of any person who aban8 doned the site before completion of required rec9 lamation under Federal or State law. 

10 (3) CRITERIA.—The Secretary shall establish 

11 by regulation the procedures and criteria for award12 ing grants under this subsection, which shall in13 clude— 

14 (A) consistency with the priorities estab15 lished under subsection (c)(1); and 

16 (B) priority for those projects for which 

17 Federal funding is not available under other 

18 laws or programs. 

19 (f) GRANTS TO PUBLIC ENTITIES AND NONPROFIT

20 ORGANIZATIONS.—The Secretary shall use amounts made 

21 available under subsection (b)(5) to make grants to public 

22 entities (including State fish and game agencies and local 

23 governments) and nonprofit organizations (based on cri24 teria established by the Secretary by regulation) to carry 

25 out activities that support collaborative restoration 


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1 projects to improve fish and wildlife habitat affected by 

2 past hardrock minerals and mining activities, including ac3 tivities that— 

4 (1) improve water quality and quantity; 

5 (2) restore watersheds in which historic mining 

6 dewatered or otherwise fragmented stream habitats; 

7 (3) restore instream habitat conditions nec8 essary to support aquatic species; 

9 (4) restore vegetative cover and streamside 

10 areas to control erosion and improve conditions for 

11 fish and wildlife; 

12 (5) control and remove noxious weeds and 

13 invasive species associated with historic mining dis14 turbances that affect fish and wildlife; 

15 (6) restore fish and wildlife habitat in cases in 

16 which previous hardrock minerals and mining activ17 ity limits fish and wildlife productivity; 

18 (7) protect and restore fish and wildlife habitat 

19 in areas affected by historic minerals and mining ac20 tivity; and 

21 (8) mitigate impacts to watersheds affected by 

22 past hardrock minerals and mining activities. 

23 (g) RESPONSE OR REMOVAL ACTIONS.— 

24 (1) IN GENERAL.—Reclamation and restoration 

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1 stitute a removal or remedial action under section 

2 101 of the Comprehensive Environmental Response, 

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

4 9601) shall be conducted only with the concurrence 

5 of the Administrator of the Environmental Protec6 tion Agency. 

7 (2) MEMORANDUM OF UNDERSTANDING.—The 

8 Secretary and the Administrator of the Environ9 mental Protection Agency shall enter into a memo10 randum of understanding to establish procedures for 

11 consultation, concurrence, training, the exchange of 

12 technical expertise, and the conduct of joint activi13 ties, as appropriate, that provide assurances that 

14 reclamation or restoration activities under this sec15 tion shall not be conducted in a manner that— 

16 (A) increases the costs or likelihood of re17 moval or remedial actions under the Com18 prehensive Environmental Response, Compensa19 tion, and Liability Act of 1980 (42 U.S.C. 9601 

20 et seq.); or 

21 (B) to the maximum extent practicable, 

22 avoids oversight by multiple agencies. 

23 SEC. 403. ABANDONED MINE LAND RECLAMATION FEE. 

24 (a) IMPOSITION OF FEE.—Each operator of a 

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1 retary, for deposit in the Fund, a reclamation fee in an 

2 amount established by the Secretary by regulation of not 

3 less than 1 percent, and not more than 3 percent, of the 

4 value of the production from the hardrock minerals mining 

5 operation for each calendar year. 

6 (b) VALUE OF PRODUCTION.—For purposes of this 

7 section, the Secretary shall determine the value of produc8 tion in the same manner as provided under section 201(a). 

9 (c) PAYMENT DEADLINE.—The reclamation fee shall 

10 be paid not later than 60 days after the end of each cal11 endar year beginning with the first calendar year occur12 ring after the date of enactment of this Act. 

13 (d) DEPOSIT OF REVENUES.—Amounts received by 

14 the Secretary under subsection (a) shall be deposited into 

15 the Fund. 

16 (e) EFFECT.—Nothing in this section requires a re17 duction in, or otherwise affects, any similar fee required 

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

19 TITLE V—TRANSITION RULES, 

20 ADMINISTRATIVE PROVI21 SIONS, AND MISCELLANEOUS 

22 PROVISIONS 

23 SEC. 501. TRANSITION RULES. 

24 (a) APPLICABILITY.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), section 201(b), and section 303(f), the re3 quirements of this Act apply to any mining claim, 

4 millsite, or tunnel site located under the general 

5 mining laws, before, on, or after the date of enact6 ment of this Act. 

7 (2) PREEXISTING CLAIM.—If a plan of oper8 ations is approved or a notice of operations is filed 

9 for mineral activities on any claim or site referred to 

10 in paragraph (1) before the date of enactment of 

11 this Act— 

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

13 the date of enactment of this Act— 

14 (i) mineral activities at the claim or 

15 site shall be subject to the plan of oper16 ations or notice of operations; and 

17 (ii) if the Secretary concerned deter18 mines that any modifications to the plan of 

19 operations are minor, modification may be 

20 made in accordance with the laws applica21 ble before the date of enactment of this 

22 Act; and 

23 (B) the operator shall bring the mineral 

24 activities into compliance with this Act (includ25 ing implementing regulations) by the end of the 


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1 10-year period beginning on the date of enact2 ment of this Act. 

3 (3) FEES.—Except as provided in sections 

4 201(b) and 303(f), all fees required to be paid under 

5 this Act shall apply beginning on the date of enact6 ment of this Act to— 

7 (A) any mining claim, millsite, or tunnel 

8 site located under the general mining laws (in9 cluding production from the claim or site) be10 fore, on, or after the date of enactment of this 

11 Act; 

12 (B) all land covered by a plan of oper13 ations or a notice of operations, exploration per14 mit, or mining permit; and 

15 (C) with respect to the fee established by 

16 section 403, any production on or after the date 

17 of enactment of this Act from any hardrock 

18 minerals mining operation. 

19 (b) APPLICATION OF ACT TO BENEFICIATION AND

20 PROCESSING OF NON-FEDERAL MINERALS ON FEDERAL

21 LAND.— 

22 (1) IN GENERAL.—This Act (including the sur23 face management and operation requirements of title 

24 III) shall apply in the same manner and to the same 

25 extent to mining claims, millsites, and tunnel sites 


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1 used for beneficiation or processing activities for any 

2 mineral without regard to whether the legal and ben3 eficial title to the mineral is held by the United 

4 States. 

5 (2) APPLICABILITY.—This subsection applies 

6 only to minerals that— 

7 (A) are locatable minerals; or 

8 (B) would be locatable minerals if the legal 

9 and beneficial title to the minerals were held by 

10 the United States. 

11 SEC. 502. ENFORCEMENT. 

12 (a) ORDERS.— 

13 (1) NOTICE OF VIOLATION.— 

14 (A) IN GENERAL.—If the Secretary con15 cerned determines that any person is in viola16 tion of any surface management or operation 

17 requirement under title III or any regulation 

18 promulgated to carry out such a requirement or 

19 any permit condition required pursuant to title 

20 III, the Secretary concerned shall provide to the 

21 person a notice that describes the violation and 

22 any necessary corrective actions. 

23 (B) ABATEMENT PERIOD.— 

24 (i) IN GENERAL.—Subject to clause 

25 (ii), a person that receives notice under 


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1 subparagraph (A) shall have not more than 

2 90 days after the date of receipt of the no3 tice to abate the violation. 

4 (ii) EXTENSION.—The Secretary con5 cerned may extend the period described in 

6 clause (i) if the person shows good cause 

7 for the extension, as determined by the 

8 Secretary concerned. 

9 (2) CESSATION ORDER.— 

10 (A) IN GENERAL.—The Secretary con11 cerned shall immediately order a cessation of 

12 mineral activities if the Secretary concerned de13 termines that any condition or practice exists, 

14 or any person is in violation of any requirement 

15 of a permit approved, or notice of operations 

16 submitted, under this Act, that is causing, or 

17 can reasonably be expected to cause— 

18 (i) an imminent danger to the health 

19 or safety of the public; or 

20 (ii) significant, imminent harm to 

21 land, air, water, or fish or wildlife re22 sources. 

23 (B) REQUIREMENTS.— 

24 (i) IN GENERAL.—A cessation order 

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1 main in effect until the Secretary con2 cerned— 

3 (I) determines that the condition, 

4 practice, or violation has been abated; 

5 or 

6 (II) modifies, vacates, or termi7 nates the cessation order. 

8 (ii) ABATEMENT.—In any cessation 

9 order issued under subparagraph (A), the 

10 Secretary concerned shall— 

11 (I) identify the steps necessary to 

12 abate the violation in the most expedi13 tious manner practicable; and 

14 (II) require appropriate financial 

15 assurances to ensure that the abate16 ment obligations are met. 

17 (C) ENFORCEMENT.— 

18 (i) IN GENERAL.—If the required 

19 abatement has not been completed by the 

20 date that is 30 days after the date on 

21 which an order is issued under subpara22 graph (A), the Secretary concerned shall 

23 bring against the person failing to com24 plete the abatement an enforcement action 

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1 ment in the most expeditious manner prac2 ticable, including seeking appropriate in3 junctive relief to bring about abatement. 

4 (ii) EFFECT.—Nothing in this sub5 paragraph precludes the Secretary con6 cerned from taking alternative enforcement 

7 action before the date described in clause 

8 (i). 

9 (3) MODIFICATIONS.—The Secretary concerned 

10 may modify, vacate, or terminate any notice or order 

11 issued under paragraph (1) or (2). 

12 (4) FORFEITURE.— 

13 (A) IN GENERAL.—If a person fails to 

14 abate a violation or defaults on the terms of the 

15 permit, the Secretary concerned shall forfeit the 

16 financial assurance for the permit as necessary 

17 to ensure abatement and reclamation under this 

18 Act. 

19 (B) ALTERNATIVES.—The Secretary con20 cerned may prescribe conditions under which a 

21 surety may perform reclamation in accordance 

22 with the approved permit and applicable law in23 stead of forfeiture. 

24 (C) LIABILITY.—In the event of forfeiture, 

25 the claim holder or operator, or a subsidiary, 


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1 parent company, corporation, or partner of the 

2 claim holder, or operator shall be jointly and 

3 severally liable for any remaining reclamation 

4 obligations under this Act. 

5 (b) CIVIL PENALTIES.— 

6 (1) IN GENERAL.—Subject to paragraph (2), 

7 any person that violates any surface management or 

8 operation requirement under title III, any regulation 

9 promulgated to carry out such a requirement, or any 

10 permit condition required pursuant to title III may 

11 be assessed a civil penalty by the Secretary con12 cerned. 

13 (2) CESSATION ORDER.—If the violation leads 

14 to the issuance of a cessation order under subsection 

15 (a)(2), the Secretary concerned shall assess the civil 

16 penalty. 

17 (3) MAXIMUM AMOUNT.—The penalty shall not 

18 exceed $5,000 for each violation. 

19 (4) CONTINUING VIOLATIONS.—Each day of 

20 continuing violation may be considered a separate 

21 violation for purposes of penalty assessments. 

22 (5) FACTORS AFFECTING AMOUNT.—In deter23 mining the amount of the penalty for a violation by 

24 a person, the Secretary concerned shall consider— 


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1 (A) the history of the person of previous 

2 violations; 

3 (B) the seriousness of the violation, includ4 ing any irreparable harm to the environment 

5 and any hazard to the health or safety of the 

6 public; 

7 (C) whether the person was negligent; and 

8 (D) the demonstrated good faith of the 

9 person charged in attempting to achieve rapid 

10 compliance after notification of the violation. 

11 (6) CORPORATE LIABILITY.—If a corporate per12 mittee is in violation of a requirement of any surface 

13 management or operations requirement under title 

14 III of this Act, any regulation promulgated to carry 

15 out such a requirement, or any permit condition re16 quired pursuant to title III, or fails or refuses to 

17 comply with a notice or an order issued under sub18 section (a), any director, officer, or agent of the cor19 poration who willfully and knowingly authorized, or20 dered, or carried out the violation, failure, or refusal 

21 shall be subject to civil penalties, fines, and impris22 onment that may be imposed under a person under 

23 this subsection, subsection (d) or (e). 

24 (c) ADMINISTRATIVE REVIEW.— 


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1 (1) COMPLIANCE ORDER.—Any person issued a 

2 notice of violation or a cessation order under sub3 section (a) may apply to the Secretary concerned for 

4 review of the notice or order by the date that is not 

5 later than 30 days after receipt of the notice or 

6 order. 

7 (2) CIVIL PENALTY.—Any person who is sub8 ject to a civil penalty assessed by the Secretary con9 cerned under this section may apply to the Secretary 

10 concerned for review of the penalty by the date that 

11 is not later than 30 days after the date on which the 

12 person receives notice of the penalty. 

13 (3) HEARING.—The Secretary concerned shall 

14 provide an opportunity for a hearing on the record 

15 subject to section 554 of title 5, United States Code, 

16 at the request of any person that is— 

17 (A) issued a notice of violation under sub18 section (a)(1); 

19 (B) issued a cessation order under sub20 section (a)(2); or 

21 (C) subject to civil penalties under sub22 section (b). 

23 (d) CIVIL ACTION.— 

24 (1) IN GENERAL.—The Secretary concerned 

25 may submit to the Attorney General a request to 


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1 bring a civil action for relief, including a permanent 

2 or temporary injunction or restraining order and the 

3 imposition of civil penalties, in any appropriate dis4 trict court of the United States, if a person— 

5 (A) violates, fails, or refuses to comply 

6 with any notice or order issued by the Secretary 

7 concerned under subsection (a); or 

8 (B) interferes with, hinders, or delays the 

9 Secretary concerned in carrying out an inspec10 tion under section 309. 

11 (2) RELIEF.— 

12 (A) IN GENERAL.—The court hearing a 

13 civil action brought under paragraph (1) shall 

14 have the jurisdiction to provide any relief that 

15 the court determines to be appropriate. 

16 (B) REVIEW.—Any relief granted by the 

17 court to enforce an order under paragraph (1) 

18 shall continue in effect until the date on which 

19 all proceedings for review of the order are com20 pleted or terminated unless the court granting 

21 the relief sets the relief aside. 

22 (e) CRIMINAL PENALTIES.— 

23 (1) FALSE STATEMENTS; TAMPERING.— 

24 (A) IN GENERAL.—A person shall, on con25 viction, be punished by a fine of not more than 


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1 $25,000, imprisonment for not more than 1 

2 year, or fine and imprisonment if the person 

3 willfully and knowingly— 

4 (i) makes any false material state5 ment, representation, or certification in, 

6 omits or conceals material information 

7 from, or unlawfully alters, any mining 

8 claim, notice of location, application, 

9 record, report, plan, or other document 

10 filed or required to be maintained under 

11 this Act; or 

12 (ii) falsifies, tampers with, renders in13 accurate, or fails to install any monitoring 

14 device or method required to be maintained 

15 under this Act. 

16 (B) SECOND VIOLATION.—If a conviction 

17 of a person under subparagraph (A) is for a 

18 violation committed after a first conviction of 

19 the person under that subparagraph, punish20 ment shall be by a fine of not more than 

21 $50,000, imprisonment of not more than 2 

22 years, or fine and imprisonment. 

23 (2) KNOWING VIOLATIONS.— 

24 (A) IN GENERAL.—A person shall, on con25 viction, be punished by a fine of not more than 


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1 $25,000, imprisonment for not more than 1 

2 year, or both if the person willfully and know3 ingly— 

4 (i) engages in mineral activities with5 out a permit if required under section 302 

6 or 303; or 

7 (ii) violates any surface management 

8 or operation requirement under title III 

9 (including any regulation promulgated to 

10 carry out the requirement) or any require11 ment, condition, or limitation of a permit 

12 issued under this Act. 

13 (B) SECOND VIOLATION.—If a conviction 

14 of a person under subparagraph (A) is for a 

15 violation committed after the first conviction of 

16 the person under that subparagraph, punish17 ment shall be a fine of not more than $50,000, 

18 imprisonment of not more than 2 years, or 

19 both. 

20 (f) DELEGATION.—Notwithstanding any other provi21 sion of law, the Secretary may use personnel of the Office 

22 of Surface Mining Reclamation and Enforcement or the 

23 Bureau of Land Management to ensure compliance with 

24 this Act. 


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1 SEC. 503. JUDICIAL REVIEW. 

2 (a) RULEMAKING.— 

3 (1) IN GENERAL.—The following shall be sub4 ject to judicial review only in the United States 

5 Court of Appeals for the District of Columbia: 

6 (A) Any final action by the Secretary con7 cerned in promulgating regulations to carry out 

8 this Act. 

9 (B) Any other final actions considered to 

10 be a rulemaking to carry out this Act. 

11 (2) DEADLINE.—A petition for review of any 

12 action subject to judicial review under paragraph (1) 

13 shall be filed not later than 60 days after the date 

14 of the action unless the petition is based solely on 

15 grounds arising after the 60-day period. 

16 (b) FINAL AGENCY ACTION.—Except as provided in 

17 subsection (a), final agency action under this Act shall be 

18 subject to judicial review in the district courts of the 

19 United States in accordance with section 1391 of title 28, 

20 United States Code. 

21 SEC. 504. UNCOMMON VARIETIES. 

22 (a) DETERMINATIONS.—Section 3 of the Act of July 

23 23, 1955 (30 U.S.C. 611), is amended— 

24 (1) by striking ‘‘SEC. 3. No deposit’’ and insert25 ing the following: 


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1 ‘‘SEC. 3. COMMON VARIETIES OF MINERAL MATERIALS. 

2 ‘‘(a) IN GENERAL.—No deposit’’; 

3 (2) in the first sentence— 

4 (A) by inserting ‘‘mineral materials, in5 cluding’’ after ‘‘varieties of’’; and 

6 (B) by striking ‘‘or cinders’’ and inserting 

7 ‘‘cinders, and clay’’; 

8 (3) by striking ‘‘ ‘Common varieties’ as used in 

9 this Act does not’’ and inserting the following: 

10 ‘‘(c) DEFINITIONS.—In this Act: 

11 ‘‘(1) COMMON VARIETIES.—The term ‘common 

12 varieties’ does not’’; 

13 (4) by striking ‘‘ ‘Petrified wood’ as used in this 

14 Act means’’ and inserting the following: 

15 ‘‘(2) PETRIFIED WOOD.—The term ‘petrified 

16 wood’ means’’; and 

17 (5) by inserting after subsection (a) the fol18 lowing: 

19 ‘‘(b) DISPOSAL OF MINERAL MATERIALS.— 

20 ‘‘(1) DEFINITION OF VALID EXISTING

21 RIGHTS.—In this subsection, the term ‘valid existing 

22 rights’ means rights to a mining claim located for 

23 any mineral material that— 

24 ‘‘(A) had and still has some property giv25 ing mineral material the distinct and special 

26 value referred to in this section or, as the case 


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1 may be, met the definition of block pumice re2 ferred to in subsection (c)(1); 

3 ‘‘(B) was properly located and maintained 

4 under the general mining laws prior to the date 

5 of enactment of this subsection; 

6 ‘‘(C) was supported by a discovery of a val7 uable mineral deposit within the meaning of the 

8 general mining laws as in effect immediately 

9 prior to the date of enactment of this sub10 section; and 

11 ‘‘(D) continues to be valid under this Act. 

12 ‘‘(2) DISPOSAL.—Subject to valid existing 

13 rights, effective beginning on the date of enactment 

14 of this subsection, notwithstanding the references to 

15 the term common varieties in this section and to the 

16 exception to the term relating to a deposit of mate17 rials with some property giving it distinct and spe18 cial value, all deposits of mineral materials referred 

19 to in this section (including the block pumice re20 ferred to in subsection (c)(1)) shall be subject to dis21 posal only under the terms and conditions of the Act 

22 of July 31, 1947 (commonly known as the ‘Materials 

23 Act of 1947’) (30 U.S.C. 601 et seq.).’’. 

24 (b) CONFORMING AMENDMENT.—The first section of 

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1 rials Act of 1947’’) (30 U.S.C. 601), is amended in the 

2 first sentence by striking ‘‘common varieties of’’. 

3 SEC. 505. REVIEW OF URANIUM DEVELOPMENT ON FED4 ERAL LAND. 

5 (a) DEFINITION OF FEDERAL LAND.—In this sec6 tion, the term ‘‘Federal land’’ means land administered 

7 by the Secretary or the Secretary of Agriculture. 

8 (b) REVIEW.— 

9 (1) IN GENERAL.—Not later than 90 days after 

10 the date of enactment of this Act, the Secretary, in 

11 consultation with the Secretary of Agriculture, shall 

12 enter into an arrangement under which the National 

13 Academy of Sciences shall conduct a study of ura14 nium development on Federal land. 

15 (2) MATTERS TO BE ADDRESSED.—The study 

16 shall describe and analyze— 

17 (A) the laws applicable to the development 

18 of uranium on Federal land and the agencies 

19 responsible for administering and enforcing 

20 those laws; 

21 (B) the requirements relating to the devel22 opment of uranium under sections 2318 

23 through 2352 of the Revised Statutes (com24 monly known and referred to in this section as 


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1 the ‘‘Mining Law of 1872’’) (30 U.S.C. 21 et 

2 seq.); 

3 (C) the requirements relating to the devel4 opment of uranium under the Atomic Energy 

5 Act of 1954 (42 U.S.C. 2011 et seq.); 

6 (D) the uranium leasing program adminis7 tered by the Department of Energy under that 

8 Act; 

9 (E) the requirements relating to the ap10 proval of uranium in-situ leasing recovery and 

11 the licensing process required by the Nuclear 

12 Regulatory Commission; 

13 (F) the efficacy of bonds or other forms of 

14 financial surety in ensuring the reclamation of 

15 Federal land and associated waters impacted by 

16 the development of uranium; and 

17 (G) the efficacy of Federal law in pro18 tecting public health and safety and the envi19 ronment from impacts due to the development 

20 of uranium on Federal land. 

21 (c) RECOMMENDATIONS.—The study shall— 

22 (1) analyze the effectiveness of current Federal 

23 requirements applicable to the exploration, develop24 ment, and production of uranium on Federal land in 

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1 ing protection of public health and safety and the 

2 environment; and 

3 (2) make recommendations as to changes, if 

4 any, to Federal law (including regulations) and 

5 agency procedures relating to the development of 

6 uranium resources on Federal land to allow for the 

7 production of uranium while ensuring protection of 

8 public health and safety and the environment, in9 cluding specific recommendations on whether— 

10 (A) future development of uranium on 

11 Federal land should be— 

12 (i) removed from operation of the 

13 Mining Law of 1872; and 

14 (ii) subject to leasing; 

15 (B) additional requirements (including ad16 ditional financial assurances or fees) should be 

17 applicable to ensure reclamation of uranium 

18 mine sites, including abandoned uranium mine 

19 sites; and 

20 (C) whether additional land should be 

21 withdrawn from location and entry of uranium 

22 mining claims by the Secretary. 

23 (d) COMPLETION OF STUDY.—The National Acad24 emy of Sciences shall— 


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1 (1) not later than 18 months after the date of 

2 enactment of this Act, submit the findings and rec3 ommendations of the study to the Secretary and the 

4 Secretary of Agriculture; and 

5 (2) on completion of the study, make the results 

6 of the study available to the public. 

7 (e) REPORT.—Not later than 180 days after receiving 

8 the results of the study, the Secretary, in consultation with 

9 the Secretary of Agriculture, shall submit to the Com10 mittee on Energy and Natural Resources of the Senate 

11 and the Committee on Natural Resources of the House 

12 of Representatives a report on— 

13 (1) the findings and recommendations of the 

14 study; 

15 (2) the agreement or disagreement of the Secre16 taries with each of the findings and recommenda17 tions of the study; and 

18 (3)(A) a plan and timeframe for implementing 

19 those recommendations of the study that do not re20 quire legislation; or 

21 (B) if the Secretary declines to implement a 

22 recommendation, the justification for declining to 

23 implement the recommendation. 


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•S 1386 IS

1 SEC. 506. EFFECT. 

2 (a) SPECIAL APPLICATION OF GENERAL MINING

3 LAWS.— 

4 (1) IN GENERAL.—Nothing in this Act repeals 

5 or modifies any Federal law (including regulations), 

6 order, or land use plan in effect before the date of 

7 enactment of this Act that prohibits or restricts the 

8 application of the general mining laws, including 

9 laws that provide for special management criteria for 

10 operations under the general mining laws as in ef11 fect before the date of enactment of this Act, and 

12 laws that provide protections of natural and cultural 

13 resources and the environment that are equal to or 

14 greater than the protections required under this Act. 

15 (2) EXISTING LAWS.—Any law described in 

16 paragraph (1) shall remain in force and effect with 

17 respect to claims and sites located or proposed to be 

18 located under this Act. 

19 (3) MINERAL INVESTIGATIONS.—Nothing in 

20 this Act applies to or limits mineral investigations, 

21 studies, or other mineral activities conducted by any 

22 Federal or State agency acting in a governmental 

23 capacity under other authorities. 

24 (b) ENVIRONMENTAL LAWS.—Nothing in this Act af25 fects or limits any assessment, investigation, evaluation, 

26 or listing under— 


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•S 1386 IS

1 (1) the Comprehensive Environmental Re2 sponse, Compensation, and Liability Act of 1980 (42 

3 U.S.C. 9601 et seq.); or 

4 (2) the Solid Waste Disposal Act (42 U.S.C. 

5 3251 et seq.). 

6 (c) EFFECT ON GENERAL MINING LAWS.— 

7 (1) IN GENERAL.—This Act supersedes the gen8 eral mining laws, except for the provisions of the 

9 general mining laws relating to the location of min10 ing claims that are not expressly modified by this 

11 Act. 

12 (2) LIMITATION.—Nothing in this Act super13 sedes, modifies, amends, or repeals any provision of 

14 Federal law not expressly superseded, modified, 

15 amended, or repealed by this Act, other than the 

16 general mining laws. 

Æ 


pbinns on DSK79D2C42PROD with BILLS