I 

115TH CONGRESS 

2D SESSION H. R. 5753 

To modify the requirements applicable to locatable minerals on public domain 

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

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 10, 2018 

Mr. GRIJALVA (for himself, Mr. BLUMENAUER, Mr. CLAY, Ms. DEGETTE, Mr. 

HUFFMAN, Mr. LOWENTHAL, Mrs. NAPOLITANO, Mr. POCAN, Mr. POLIS, 

Ms. SCHAKOWSKY, Mr. SOTO, Mr. TONKO, Ms. VELA ́ZQUEZ, Mr. MCNERNEY, and Ms. NORTON) introduced the following bill; which was referred 

to the Committee on Natural Resources 

A BILL 

To modify the requirements applicable to locatable minerals 

on public domain lands, consistent with the principles 

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

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Hardrock Leasing and Reclamation Act of 2018’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions and references. 

Sec. 3. Application rules. 

TITLE I—MINERAL LEASING, EXPLORATION, AND DEVELOPMENT 

Sec. 101. Closure to entry and location. 

Sec. 102. Limitation on patents. 

Sec. 103. Prospecting license and hardrock leases. 

Sec. 104. Competitive leasing. 

Sec. 105. Small miners leases. 

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

Sec. 107. Royalty. 

Sec. 108. Existing production. 

Sec. 109. Hardrock mining claim maintenance fee. 

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

Sec. 111. Protection of special places. 

Sec. 112. Suitability determination. 

TITLE II—ENVIRONMENTAL CONSIDERATIONS OF MINERAL 

EXPLORATION AND DEVELOPMENT 

Sec. 201. General standard for hardrock mining on Federal land. 

Sec. 202. Permits. 

Sec. 203. Exploration permit. 

Sec. 204. Operations permit. 

Sec. 205. Persons ineligible for permits. 

Sec. 206. Financial assurance. 

Sec. 207. Operation and reclamation. 

Sec. 208. State law and regulation. 

TITLE III—ABANDONED HARDROCK MINE RECLAMATION 

Sec. 301. Establishment of Fund. 

Sec. 302. Contents of Fund. 

Sec. 303. Displaced material reclamation fee. 

Sec. 304. Use and objectives of the Fund. 

Sec. 305. Eligible lands and waters. 

Sec. 306. Authorization of appropriations. 

TITLE IV—ADMINISTRATIVE PROVISIONS 

Sec. 401. Policy functions. 

Sec. 402. User fees and inflation adjustment. 

Sec. 403. Inspection and monitoring. 

Sec. 404. Citizens suits. 

Sec. 405. Administrative and judicial review. 

Sec. 406. Enforcement. 

Sec. 407. Regulations. 

Sec. 408. Oil shale claims. 

Sec. 409. Savings clause. 

Sec. 410. Availability of public records. 

Sec. 411. Miscellaneous powers. 

Sec. 412. Mineral materials. 

Sec. 413. Effective date. 


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1 SEC. 2. DEFINITIONS AND REFERENCES. 

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

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

4 any person, any of the following: 

5 (A) Any person who controls, is controlled 

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

8 (B) Any partner of such person. 

9 (C) Any person owning at least 10 percent 

10 of the voting shares of such person. 

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

13 or a modification to or a renewal of a permit, li14 cense, or lease under this Act. 

15 (3) The term ‘‘beneficiation’’ means the crush16 ing and grinding of hardrock mineral ore and such 

17 processes as are employed to free the mineral from 

18 other constituents, including but not necessarily lim19 ited to, physical and chemical separation techniques. 

20 (4) The term ‘‘casual use’’— 

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

22 means mineral activities that do not ordinarily 

23 result in any disturbance of public lands and re24 sources; 

25 (B) includes collection of geochemical, 

26 rock, soil, or mineral specimens using 


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1 handtools, hand panning, or nonmotorized sluic2 ing; and 

3 (C) does not include— 

4 (i) the use of mechanized earth-mov5 ing equipment, suction dredging, or explo6 sives; 

7 (ii) the use of motor vehicles in areas 

8 closed to off-road vehicles; 

9 (iii) the construction of roads or drill 

10 pads; and 

11 (iv) the use of toxic or hazardous ma12 terials. 

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

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

15 claim located under the general mining laws and 

16 maintained in compliance with such laws. Such term 

17 may include an agent of a claim holder. 

18 (6) The term ‘‘control’’ means having the abil19 ity, directly or indirectly, to determine (without re20 gard to whether exercised through one or more cor21 porate structures) the manner in which an entity 

22 conducts mineral activities, through any means, in23 cluding without limitation, ownership interest, au24 thority to commit the entity’s real or financial asVerDate Sep 11 2014 22:42 May 23, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5753.IH H5753

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1 sets, position as a director, officer, or partner of the 

2 entity, or contractual arrangement. 

3 (7) The term ‘‘crude ore’’ means ore in its un4 processed form, containing profitable amounts of the 

5 target mineral. 

6 (8) The term ‘‘displaced material’’ means any 

7 crude ore and waste dislodged from its location at 

8 the time hardrock mineral activities begin at a sur9 face, underground, or in-situ mine. 

10 (9) The term ‘‘exploration’’— 

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

12 means creating surface disturbance other than 

13 casual use, to evaluate the type, extent, quan14 tity, or quality of minerals present; 

15 (B) includes mineral activities associated 

16 with sampling, drilling, and analyzing hardrock 

17 mineral values; and 

18 (C) does not include extraction of mineral 

19 material for commercial use or sale. 

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

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

22 United States, except lands in the National Park 

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

24 tribe, and lands on the Outer Continental Shelf. 


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

2 Minerals Reclamation Fund established by this Act. 

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

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

7 alienation. 

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

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

10 or community, including any Alaska Native village 

11 or regional corporation as defined in or established 

12 pursuant to the Alaska Native Claims Settlement 

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

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

16 their status as Indians. 

17 (14) The term ‘‘hardrock mineral’’— 

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

19 any mineral that was subject to location under 

20 the general mining laws as of the date of enact21 ment of this Act, and that is not subject to dis22 position under— 

23 (i) the Mineral Leasing Act (30 

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


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1 (ii) the Geothermal Steam Act of 

2 1970 (30 U.S.C. 1001 et seq.); 

3 (iii) the Act of July 31, 1947, com4 monly known as the Materials Act of 1947 

5 (30 U.S.C. 601 et seq.); or 

6 (iv) the Mineral Leasing for Acquired 

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

8 (B) does not include any mineral that is 

9 subject to a restriction against alienation im10 posed by the United States and is— 

11 (i) held in trust by the United States 

12 for any Indian or Indian tribe, as defined 

13 in section 2 of the Indian Mineral Develop14 ment Act of 1982 (25 U.S.C. 2101); or 

15 (ii) owned by any Indian or Indian 

16 tribe, as defined in that section. 

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

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

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

20 this Act, for, related to, or incidental to, mineral ex21 ploration, mining, beneficiation, processing, or rec22 lamation activities for any hardrock mineral. 

23 (16) The term ‘‘National Conservation System 

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

25 National Wildlife Refuge System, National Wild and 


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1 Scenic Rivers System, or National Trails System, or 

2 a National Conservation Area, a National Recreation 

3 Area, a National Monument, or any unit of the Na4 tional Wilderness Preservation System. 

5 (17) The term ‘‘operator’’ means any person 

6 proposing or authorized by a permit issued under 

7 this Act to conduct mineral activities and any agent 

8 of such person. 

9 (18) The term ‘‘person’’ means an individual, 

10 Indian tribe, partnership, association, society, joint 

11 venture, joint stock company, firm, company, cor12 poration, cooperative, or other organization and any 

13 instrumentality of State or local government includ14 ing any publicly owned utility or publicly owned cor15 poration of State or local government. 

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

17 downstream of beneficiation employed to prepare 

18 locatable mineral ore into the final marketable prod19 uct, including but not limited to smelting and elec20 trolytic refining. 

21 (20) The term ‘‘Secretary’’ means the Secretary 

22 of the Interior, unless otherwise specified. 

23 (21) The term ‘‘Secretary concerned’’ means— 


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1 (A) the Secretary of Agriculture (acting 

2 through the Chief of the Forest Service) with 

3 respect to National Forest System land; and 

4 (B) the Secretary of the Interior (acting 

5 through the Director of the Bureau of Land 

6 Management) with respect to other Federal 

7 land. 

8 (22)(A) The term ‘‘small miner’’ means a per9 son (including all related parties thereto) that— 

10 (i) holds not more than 10 mining 

11 claims, mill sites, or tunnel sites, or any 

12 combination thereof, on public lands; 

13 (ii) holds leases and permits under 

14 this Act with respect to not more than 200 

15 acres of Federal land; 

16 (iii) certifies to the Secretary in writ17 ing that the person had annual gross in18 come in the preceding calendar year from 

19 mineral production in an amount less than 

20 $50,000 (indexed for inflation); and 

21 (iv) has performed assessment work 

22 required under the Mining Law of 1872 

23 (30 U.S.C. 28 et seq.) to maintain any 

24 mining claims held by the person (includ25 ing such related parties) for the assessVerDate Sep 11 2014 22:42 May 23, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5753.IH H5753

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1 ment year ending on noon of September 1 

2 of the calendar year in which payment of 

3 the claim maintenance fee was due. 

4 (B) For purposes of subparagraph (A), with re5 spect to any person, the term ‘‘all related parties’’ 

6 means— 

7 (i) the spouse and dependent children (as 

8 defined in section 152 of the Internal Revenue 

9 Code of 1986), of the person; or 

10 (ii) a person affiliated with the person con11 cerned, including— 

12 (I) another person controlled by, con13 trolling, or under common control with the 

14 person concerned; or 

15 (II) a subsidiary or parent company 

16 or corporation of the person concerned. 

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

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

19 aggregate of all annual gross income from mineral 

20 production under all mining claims held by or as21 signed to such person or all related parties with re22 spect to such person, including mining claims lo23 cated or for which a patent was issued before the 

24 date of the enactment of this Act. 


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1 (23) The term ‘‘temporary cessation’’ means a 

2 halt in mine-related production activities for a con3 tinuous period of no longer than 5 years. 

4 (24) The term ‘‘ton’’ means 2,000 pounds av5 oirdupois (.90718 metric ton). 

6 (25) The term ‘‘undue degradation’’ means ir7 reparable harm to significant scientific, cultural, or 

8 environmental resources on public lands. 

9 (26) The term ‘‘valuable mineral deposit’’ 

10 means a deposit of hardrock minerals that is of suf11 ficient value for a reasonable miner to economically 

12 mine. 

13 (27) The term ‘‘waste’’ means rock that must 

14 be fractured and removed in order to gain access to 

15 crude ore. 

16 (b) REFERENCES TO OTHER LAWS.— 

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

18 this Act to the term ‘‘general mining laws’’ is a ref19 erence to those Acts that generally comprise chap20 ters 2, 12A, and 16, and sections 161 and 162, of 

21 title 30, United States Code. 

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

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

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

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


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1 to provide for multiple use of the surface of the 

2 same tracts of the public lands, and for other pur3 poses’’ (30 U.S.C. 601 et seq.). 

4 SEC. 3. APPLICATION RULES. 

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

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

7 the general mining laws, before or on the date of enact8 ment of this Act. 

9 (b) APPLICATION OF ACT TO BENEFICIATION AND

10 PROCESSING OF NON-FEDERAL MINERALS ON FEDERAL

11 LANDS.—The provisions of this Act (including the envi12 ronmental protection requirements of title II) shall apply 

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

14 claims, millsite claims, tunnel site claims, and any land 

15 included in a lease or license issued under this Act, used 

16 for beneficiation or processing activities for any hardrock 

17 mineral. 

18 TITLE I—MINERAL LEASING, EX19 PLORATION, AND DEVELOP20 MENT 

21 SEC. 101. CLOSURE TO ENTRY AND LOCATION. 

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

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

24 lands are closed to entry and location under the general 


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

2 laws may be acquired. 

3 (b) EXISTING NONPRODUCING CLAIMS.— 

4 (1) CLAIMS WITHOUT PLAN OF OPERATIONS.— 

5 Any claim under the general mining laws existing on 

6 the effective date of this Act for which a plan of op7 erations is not approved, or a notice of operations is 

8 not filed, before such date shall be subject to the re9 quirements of this Act, and may remain in effect 

10 until not later than the end of the 10-year period be11 ginning on the date of enactment of this Act if the 

12 claimholder remains in compliance with section 109, 

13 unless the claim holder— 

14 (A) relinquishes the claim; or 

15 (B) demonstrates eligibility for a lease and 

16 requests conversion under the regulations 

17 issued under subsection (d). 

18 (2) SHORTENING OF PERIOD.—The 10-year pe19 riod referred to in paragraph (1) shall be shortened 

20 to 3 years if— 

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

22 in an area withdrawn or temporarily segregated 

23 from location under the general mining laws as 

24 of the effective date of this Act; or 

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


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1 (3) CONVERSION.—Upon showing to the satis2 faction of the Secretary of a valuable mineral deposit 

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

4 convert the claim to a noncompetitive lease under 

5 the regulations issued under subsection (d). 

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

7 not converted to leases at the end of the applicable 

8 period under paragraph (1) or (2) shall be consid9 ered invalid and void. 

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

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

12 under the general mining laws for which a plan of 

13 operations has been approved but for which oper14 ations have not commenced before the date of enact15 ment of this Act— 

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

17 the date of enactment of this Act— 

18 (i) mineral activities at lands subject 

19 to such claim shall be subject to such plan 

20 of operations; and 

21 (ii) modification of such plan may be 

22 made in accordance with the provisions of 

23 law applicable before the date of the enact24 ment of this Act if such modifications are 


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1 considered minor by the Secretary con2 cerned; and 

3 (B) the operator shall bring such mineral 

4 activities into compliance with this Act by the 

5 end of such 10-year period. 

6 (2) ACTIVITIES PENDING DECISION ON MODI7 FICATION TO PLAN OF OPERATIONS.—If an applica8 tion for modification of a plan of operations referred 

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

10 and an approved plan expires before Secretarial ac11 tion on the application, mineral activities and rec12 lamation may continue in accordance with the terms 

13 of the expired plan until the Secretary makes an ad14 ministrative decision on the application. 

15 (3) CONVERSION REQUIREMENT.—Any claims 

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

17 for a period of up to 10 years. Any claim not con18 verted to a lease under subsection (d) before the end 

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

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

21 (d) CONVERSION REGULATIONS.— 

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

23 regulations no later than one year after the date of 

24 the enactment of this Act to provide for the converVerDate Sep 11 2014 22:42 May 23, 2018 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5753.IH H5753

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1 sion of mining claims to noncompetitive mining 

2 leases. 

3 (2) CONTENT.—The regulations issued under 

4 paragraph (1) shall— 

5 (A) prohibit the conversion of a mining 

6 claim to a mining lease by a claimholder who is 

7 in violation of this Act or other State or Fed8 eral environmental, health, or worker safety 

9 law; 

10 (B) allow the Secretary to exercise discre11 tion to include nonmineral lands within the 

12 boundaries of any mill site associated with the 

13 mining claim to be converted to a noncompeti14 tive lease; 

15 (C) prohibit the area in any noncompetitive 

16 mining lease issued under this subsection to ex17 ceed the maximum area authorized by this Act 

18 to be leased to any person; 

19 (D) require the consent of the surface 

20 managing agency for conversion to a non21 competitive mining lease; 

22 (E) require the fiscal terms of the con23 verted noncompetitive mining lease to be the 

24 same as provided in this Act for other hardrock 

25 mining leases; 


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1 (F) require compliance with all provisions 

2 of this Act; and 

3 (G) include any other terms the Secretary 

4 considers appropriate. 

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

6 an environmental analysis under the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 

8 the issuance of a noncompetitive lease under this section, 

9 if the noncompetitive lease does not authorize any addi10 tional surface disturbance in addition to any surface dis11 turbance already authorized under a mine plan of oper12 ations covering the mining claim that is converted. 

13 SEC. 102. LIMITATION ON PATENTS. 

14 (a) MINING CLAIMS.— 

15 (1) DETERMINATIONS REQUIRED.—After the 

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

17 issued by the United States for any mining claim lo18 cated under the general mining laws unless the Sec19 retary determines that, for the claim concerned— 

20 (A) a patent application was filed with the 

21 Secretary on or before September 30, 1994; 

22 and 

23 (B) all requirements established under sec24 tions 2325 and 2326 of the Revised Statutes 

25 (30 U.S.C. 29 and 30), in the case of a vein or 


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

2 2333 of the Revised Statutes (30 U.S.C. 35, 

3 36, and 37), in the case of a placer claim, were 

4 fully complied with by that date. 

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

6 the determinations referred to in subparagraphs (A) 

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

8 holder of the claim shall be entitled to the issuance 

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

10 such claim holder would have been entitled to prior 

11 to the enactment of this Act, unless such determina12 tions are withdrawn or invalidated by the Secretary 

13 or by a court of the United States. 

14 (b) MILLSITE CLAIMS.— 

15 (1) DETERMINATIONS REQUIRED.—After the 

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

17 issued by the United States for any millsite claim lo18 cated under the general mining laws unless the Sec19 retary determines that for the millsite concerned— 

20 (A) a patent application for the land sub21 ject to such claim was filed with the Secretary 

22 on or before September 30, 1994; and 

23 (B) all requirements applicable to such 

24 patent application were fully complied with be25 fore that date. 


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

2 the determinations referred to in subparagraphs (A) 

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

4 holder of the claim shall be entitled to the issuance 

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

6 such claim holder would have been entitled to prior 

7 to the enactment of this Act, unless such determina8 tions are withdrawn or invalidated by the Secretary 

9 or by a court of the United States. 

10 SEC. 103. PROSPECTING LICENSE AND HARDROCK LEASES. 

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

12 prospecting for commercial purposes for any hardrock 

13 mineral on Federal lands without a prospecting license or 

14 a small miners lease. 

15 (b) PROSPECTING LICENSES.— 

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

17 such rules and regulations as the Secretary may pre18 scribe and with the concurrence of the relevant sur19 face management agency, grant an applicant a 

20 prospecting license that shall give the exclusive right 

21 to prospect for specified hardrock minerals on Fed22 eral lands for a period of not exceeding two years. 

23 The area subject to such a license shall not exceed 

24 2,560 acres of land, in reasonably compact form. 

25 The Secretary shall charge a fee for each license apVerDate Sep 11 2014 22:42 May 23, 2018 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H5753.IH H5753

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1 plication to cover the costs of processing the license, 

2 and the license shall be subject to annual rentals 

3 equal to $10 per acre per year. 

4 (2) TERMS AND CONDITIONS.—A prospecting li5 cense must conform with the terms and conditions 

6 of a comprehensive land use plan approved under 

7 the Federal Land Policy and Management Act of 

8 1976 (43 U.S.C. 1701 et seq.) or the Forest and 

9 Rangeland Renewable Resources Planning Act of 

10 1974 (16 U.S.C. 1600 et seq.) that is otherwise. For 

11 areas where a comprehensive land use plan treating 

12 hardrock mining as a multiple-use activity has not 

13 been completed, the Secretary concerned shall ensure 

14 that the land to be covered by the license is suitable 

15 for mineral activities. 

16 (3) EXTENSION.—A prospecting license may be 

17 extended for up to an additional four years upon a 

18 showing by the licensee that the licensee explored 

19 with reasonable diligence and was unable to deter20 mine the existence and workability of a valuable de21 posit covered by the license, or that the failure to 

22 perform diligent prospecting activities was due to 

23 conditions beyond the licensee’s control. 

24 (c) NONCOMPETITIVE LEASES.— 


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1 (1) IN GENERAL.—Upon a showing to the satis2 faction of the Secretary by a prospecting licensee 

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

4 hardrock mineral has been discovered by the licensee 

5 within an area covered by the prospecting license, 

6 the licensee shall be entitled to a lease for any or all 

7 of the land included in the prospecting license, as 

8 well as any nonmineral lands necessary for proc9 essing or milling operations, at a royalty of no less 

10 than 12.5 percent of the gross value of production 

11 of hardrock minerals or mineral concentrates or 

12 products derived from hardrock minerals under the 

13 lease. Rentals for such lease shall be set by the Sec14 retary at no less than $10 per acre per year, with 

15 rentals paid in any one year credited against royal16 ties accruing for that year. 

17 (2) LEASE PERIOD.— 

18 (A) IN GENERAL.—A lease under this sec19 tion shall be for a period of 20 years, with the 

20 right to renew for successive periods of 10 years 

21 if hardrock minerals are being produced in com22 mercial quantities under the lease. 

23 (B) EXTENSION DURING NONPRODUC24 TION.—If hardrock minerals are not being pro25 duced in commercial quantities at the end of 


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1 the primary term or any subsequent term of 

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

3 extension of the lease in the interest of con4 servation or upon a successful showing by the 

5 lessee that the lease cannot be successfully op6 erated at a profit or for other reasons. No more 

7 than one extension under this subparagraph 

8 may be issued. 

9 (d) CUMULATIVE ACREAGE LIMITATION.—No person 

10 may take, hold, own, or control at one time, whether ac11 quired directly from the Secretary under this Act or other12 wise, hardrock mining leases or licenses for an aggregate 

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

14 (e) REDUCTION OF ROYALTY RATE.—The Sec15 retary— 

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

17 a showing by clear and convincing evidence by the 

18 person conducting mineral activities under the lease 

19 that production would not occur without the reduc20 tion in royalty; and 

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

22 lease to encourage exploration for and development 

23 of hardrock minerals classified as strategic and crit24 ical by the Department of Energy. 


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1 (f) PROTECTION OF LAND AND OTHER RE2 SOURCES.—The Secretary may include in any lease or li3 cense issued under this Act such provisions as are nec4 essary to adequately protect the lands and other resources 

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

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

7 the Secretary shall consult with the appropriate surface 

8 management agency in formulating such provisions. 

9 SEC. 104. COMPETITIVE LEASING. 

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

11 Federal lands known to contain valuable deposits of 

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

13 or leases may only be open to hardrock mineral exploration 

14 or development through competitive leasing by the Sec15 retary by such methods the Secretary may adopt by regu16 lation and in such areas as the Secretary may determine, 

17 including nonmineral lands the Secretary considers nec18 essary for processing or milling operations. The total 

19 amount of land that is subject to any such lease shall not 

20 exceed 2,560 acres. 

21 (b) TERMS AND REQUIREMENTS.—All terms and re22 quirements for competitive leases under this section shall 

23 be the same as if the leases were issued noncompetitively 

24 under section 103(c). 


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1 SEC. 105. SMALL MINERS LEASES. 

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

3 miners leases to qualified small miners that apply, under 

4 such rules and regulations as the Secretary may prescribe, 

5 including conditions to require diligent development of the 

6 lease and to ensure protection of surface resources and 

7 groundwater. A small miners lease shall give the lease8 holder the exclusive right to prospect for hardrock min9 erals for 3 years on up to 200 acres of contiguous or non10 contiguous Federal land. The Secretary shall charge a rea11 sonable application fee for such a lease. Rentals for such 

12 a lease shall be $5 per acre per year for the first 3 years. 

13 Such leases may be renewed for additional 3-year periods, 

14 with no limit, with a $10 per acre per year rental charged 

15 for renewed leases. Any individual may file a challenge 

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

17 diligence terms of a small miners lease or not qualified 

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

19 a challenge may not be renewed unless the Secretary has 

20 determined that the leaseholder is a small miner and is 

21 in compliance with all the terms of the lease. No royalties 

22 shall be charged for commercial production under a small 

23 miners lease. 

24 (b) CONVERSION OF EXISTING CLAIMS.—An existing 

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

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


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1 miners lease under the same terms and conditions that 

2 apply to other small miners leases, except that such 

3 lease— 

4 (1) shall not be subject to rental during the pri5 mary term of the lease; 

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

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

8 and 

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

10 per year for the second and subsequent 3-year re11 newals of the lease. 

12 (c) LIMITATIONS.—A small miners lease— 

13 (1) may only be held by the primary lease14 holder, a spouse thereof, or a direct descendent 

15 thereof; 

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

17 to a spouse or direct descendent of the primary 

18 leaseholder; and 

19 (3) is subject to all permitting requirements 

20 under this Act. 

21 (d) CONVERSION TO HARDROCK MINERAL LEASE.— 

22 If the leaseholder no longer meets the definition of the 

23 term ‘‘small miner’’ in section 3 at the time a renewal 

24 is applied for because the leaseholder’s gross income ex25 ceeds the amount specified in the definition, the leaseVerDate Sep 11 2014 22:42 May 23, 2018 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H5753.IH H5753

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1 holder shall not be eligible to renew the small miners lease, 

2 but shall be eligible for a noncompetitive hardrock mineral 

3 lease issued under section 103(c). Notwithstanding section 

4 103(c)(1), royalties under such a lease shall only be due 

5 on the gross income that exceeds the amount of gross in6 come specified in such definition as of the time the 

7 hardrock mineral lease is issued. 

8 SEC. 106. LANDS CONTAINING NONHARDROCK MINERALS; 

9 OTHER USES. 

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

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

12 other nonhardrock minerals, the Secretary shall reserve to 

13 the United States such nonhardrock minerals for disposal 

14 under applicable laws. 

15 (b) OTHER USES OF LICENSED AND LEASED

16 LANDS.— 

17 (1) IN GENERAL.—The Secretary shall promul18 gate regulations to allow for other uses of the lands 

19 covered by a prospecting license under this Act, in20 cluding leases for other minerals if such other uses 

21 would not unreasonably interfere with operations 

22 under the prospecting license. 

23 (2) PROSPECTING LICENSES.—The Secretary 

24 shall include in such prospecting licenses such terms 

25 and conditions as the Secretary finds necessary to 


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1 avoid unreasonable interference with other uses oc2 curring on, or other leases of, the licensed lands. 

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

4 leases under this Act stipulations to allow for simul5 taneous operations under other leases for the same 

6 lands. 

7 SEC. 107. ROYALTY. 

8 (a) EXISTING PRODUCTION.—Production of hardrock 

9 minerals on any Federal land under an operations permit 

10 from which valuable hardrock minerals were produced in 

11 commercial quantities before the date of the enactment of 

12 this Act, other than production under a small miners 

13 lease, shall be subject to a royalty established by the Sec14 retary at no less than 8 percent of the gross value of such 

15 production, or of mineral concentrates or products derived 

16 from hardrock minerals. Any Federal land added through 

17 a plan modification to an operations permit on Federal 

18 land that is submitted after the date of enactment of this 

19 Act shall be subject to a royalty established by the Sec20 retary for such lease of no less than 12.5 percent of the 

21 gross value of production of hardrock minerals, or mineral 

22 concentrates or products derived from hardrock minerals. 

23 (b) LIABILITY.—The claim or leaseholder, or any op24 erator to whom the claim or lease holder has assigned the 

25 obligation to make royalty payments under the claim or 


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1 lease and any person who controls such claim or lease 

2 holder or operator, shall be liable for payment of such roy3 alties. 

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

5 this title, including rents, royalties, claim maintenance 

6 fees, interest charges, fines, and penalties— 

7 (1) 25 percent shall be paid to the State within 

8 the boundaries of which the leased, licensed, or 

9 claimed lands, or operations subject to such interest 

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

11 (2) the remainder shall be deposited in the ac12 count established under section 301. 

13 (d) DUTIES OF CLAIM OR LEASE HOLDERS, OPERA14 TORS, AND TRANSPORTERS.—(1) A person— 

15 (A) who is required to make any royalty pay16 ment under this section shall make such payments 

17 to the United States at such times and in such man18 ner as the Secretary may by rule prescribe; and 

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

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

21 assignment that such person may have made of the 

22 obligation to make any royalty or other payment 

23 under a mining claim or lease under this title. 

24 (2) Any person paying royalties under this section 

25 shall file a written instrument, together with the first royVerDate Sep 11 2014 22:42 May 23, 2018 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H5753.IH H5753

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1 alty payment, affirming that such person is responsible for 

2 making proper payments for all amounts due for all time 

3 periods for which such person has a payment responsi4 bility. Such responsibility for the periods referred to in the 

5 preceding sentence shall include any and all additional 

6 amounts billed by the Secretary and determined to be due 

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

8 royalty payments under this section who assigns any pay9 ment obligation shall remain jointly and severally liable 

10 for all royalty payments due for the period. 

11 (3) A person conducting mineral activities shall— 

12 (A) develop and comply with the site security 

13 provisions in the operations permit designed to pro14 tect from theft the hardrock minerals, concentrates, 

15 or products derived therefrom that are produced or 

16 stored on the area subject to a mining claim or 

17 lease, and such provisions shall conform with such 

18 minimum standards as the Secretary may prescribe 

19 by rule, taking into account the variety of cir20 cumstances on areas subject to mining claims and 

21 leases; and 

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

23 production begins anywhere on an area subject to a 

24 mining claim or lease, or production resumes after 

25 more than 90 days after production was suspended, 


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1 notify the Secretary, in the manner prescribed by 

2 the Secretary, of the date on which such production 

3 has begun or resumed. 

4 (4) The Secretary may by rule require any person en5 gaged in transporting a hardrock mineral, concentrate, or 

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

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

8 documentation showing, at a minimum, the amount, ori9 gin, and intended destination of the hardrock mineral, 

10 concentrate, or product derived therefrom in such cir11 cumstances as the Secretary determines is appropriate. 

12 (e) RECORDKEEPING AND REPORTING REQUIRE13 MENTS.—(1) A claim or lease holder, operator, or other 

14 person directly involved in developing, producing, proc15 essing, transporting, purchasing, or selling hardrock min16 erals, concentrates, or products derived therefrom, subject 

17 to this Act, through the point of royalty computation shall 

18 establish and maintain any records, make any reports, and 

19 provide any information that the Secretary may reason20 ably require for the purposes of implementing this section 

21 or determining compliance with rules or orders under this 

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

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

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

25 technical and financial data relating to the quantity, qualVerDate Sep 11 2014 22:42 May 23, 2018 Jkt 079200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H5753.IH H5753

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1 ity, composition volume, weight, and assay of all minerals 

2 extracted from the mining claim or lease. Upon the re3 quest of any officer or employee duly designated by the 

4 Secretary conducting an audit or investigation pursuant 

5 to this section, the appropriate records, reports, or infor6 mation that may be required by this section shall be made 

7 available for inspection and duplication by such officer or 

8 employee. Failure by a claim or lease holder, operator, or 

9 other person referred to in the first sentence to cooperate 

10 with such an audit, provide data required by the Sec11 retary, or grant access to information may, at the discre12 tion of the Secretary, result in involuntary forfeiture of 

13 the claim or lease. 

14 (2) Records required by the Secretary under this sec15 tion shall be maintained for 7 years after release of finan16 cial assurance under section 206 unless the Secretary noti17 fies the operator that the Secretary has initiated an audit 

18 or investigation involving such records and that such 

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

20 case when an audit or investigation is underway, records 

21 shall be maintained until the Secretary releases the oper22 ator of the obligation to maintain such records. 

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

24 such audits of all claim or lease holders, operators, trans25 porters, purchasers, processors, or other persons directly 


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1 or indirectly involved in the production or sales of minerals 

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

3 the purposes of ensuring compliance with the require4 ments of this section. For purposes of performing such 

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

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

7 and other documents that relate to compliance with any 

8 provision of this section by any person. 

9 (g) COOPERATIVE AGREEMENTS.—(1) The Secretary 

10 is authorized to enter into cooperative agreements with the 

11 Secretary of Agriculture to share information concerning 

12 the royalty management of hardrock minerals, con13 centrates, or products derived therefrom, to carry out in14 spection, auditing, investigation, or enforcement (not in15 cluding the collection of royalties, civil or criminal pen16 alties, or other payments) activities under this section in 

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

18 activity described in this section. 

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

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

21 cooperative agreement, the Secretary of Agriculture shall, 

22 upon request, have access to all royalty accounting infor23 mation in the possession of the Secretary respecting the 

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1 centrates, or products derived therefrom from claims or 

2 leases on lands open to location under this Act. 

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

4 information protected from disclosure under section 552 

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

6 Freedom of Information Act, shall be made available by 

7 the Secretary to other Federal agencies as necessary to 

8 assure compliance with this Act and other Federal laws. 

9 The Secretary, the Secretary of Agriculture, the Adminis10 trator of the Environmental Protection Agency, and other 

11 Federal officials shall ensure that such information is pro12 vided protection in accordance with the requirements of 

13 that section. 

14 (h) INTEREST AND SUBSTANTIAL UNDERREPORTING

15 ASSESSMENTS.—(1) In the case of mining claims or leases 

16 where royalty payments are not received by the Secretary 

17 on the date that such payments are due, the Secretary 

18 shall charge interest on such underpayments at the same 

19 interest rate as the rate applicable under section 

20 6621(a)(2) of the Internal Revenue Code of 1986. In the 

21 case of an underpayment, interest shall be computed and 

22 charged only on the amount of the deficiency and not on 

23 the total amount. 

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

25 production from a claim or lease for any production month 


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1 by any person liable for royalty payments under this sec2 tion, the Secretary shall assess a penalty of not greater 

3 than 25 percent of the amount of that underreporting. 

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

5 ‘‘underreporting’’ means the difference between the roy6 alty on the value of the production that should have been 

7 reported and the royalty on the value of the production 

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

9 reported is greater than the value that was reported. 

10 (4) The Secretary may waive or reduce the assess11 ment provided in paragraph (2) of this subsection if the 

12 person liable for royalty payments under this section cor13 rects the underreporting before the date such person re14 ceives notice from the Secretary that an underreporting 

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

16 the enactment of this section, whichever is later. 

17 (5) The Secretary shall waive any portion of an as18 sessment under paragraph (2) of this subsection attrib19 utable to that portion of the underreporting for which the 

20 person responsible for paying the royalty demonstrates 

21 that— 

22 (A) such person had written authorization from 

23 the Secretary to report royalty on the value of the 

24 production on basis on which it was reported; 


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1 (B) such person had substantial authority for 

2 reporting royalty on the value of the production on 

3 the basis on which it was reported; 

4 (C) such person previously had notified the Sec5 retary, in such manner as the Secretary may by rule 

6 prescribe, of relevant reasons or facts affecting the 

7 royalty treatment of specific production which led to 

8 the underreporting; or 

9 (D) such person meets any other exception 

10 which the Secretary may, by rule, establish. 

11 (6) All penalties collected under this subsection shall 

12 be deposited in the Hardrock Mining Reclamation Fund 

13 established by this Act. 

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

16 be jointly and severally liable for royalty on all hardrock 

17 minerals, concentrates, or products derived therefrom lost 

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

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

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

21 or order issued under this section. 

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

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

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


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

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

4 shall take effect with respect to the production of hardrock 

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

6 payments attributable to production during the first 12 

7 calendar months after the enactment of this Act shall be 

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

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

12 implement this section shall be liable for a civil penalty 

13 under section 109 of the Federal Oil and Gas Royalty 

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

15 if the claim or lease maintained in compliance with this 

16 Act were a lease under that Act. 

17 SEC. 108. EXISTING PRODUCTION. 

18 The holder of a mining claim located or converted 

19 under this Act for which mineral operations have already 

20 commenced under an approved plan of operations as of 

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

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

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

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

25 the United States under this Act and other applicable 


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

3 satisfaction of the Secretary. 

4 SEC. 109. HARDROCK MINING CLAIM MAINTENANCE FEE. 

5 (a) FEE.— 

6 (1)(A) Except as provided in section 2511(e)(2) 

7 of the Energy Policy Act of 1992 (relating to oil 

8 shale claims), or otherwise provided in this Act for 

9 each unpatented mining claim, mill, or tunnel site on 

10 federally owned lands, whether located before or on 

11 the date of enactment of this Act, each claimant 

12 shall pay to the Secretary, on or before August 31 

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

14 claim to hold such unpatented mining claim, mill or 

15 tunnel site for the assessment year beginning at 

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

17 maintenance fee shall be in lieu of the assessment 

18 work requirement contained in the Mining Law of 

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

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

21 the Federal Land Policy and Management Act of 

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

23 (B) Subaragraph (A) and the assessment work 

24 requirement contained in the Mining Law of 1872 


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1 (30 U.S.C. 28 et seq.) shall not apply with respect 

2 to any claim held by a small miner. 

3 (2)(A) The Secretary shall adjust the fees re4 quired by this subsection to reflect changes in the 

5 Consumer Price Index published by the Bureau of 

6 Labor Statistics of the Department of Labor every 

7 3 years after the date of enactment of this Act, or 

8 more frequently if the Secretary determines an ad9 justment to be reasonable. 

10 (B) The Secretary shall provide claimants no11 tice of any adjustment made under this paragraph 

12 not later than July 1 of any year in which the ad13 justment is made. 

14 (C) A fee adjustment under this paragraph 

15 shall begin to apply the calendar year following the 

16 calendar year in which it is made. 

17 (3) Moneys received under this subsection that 

18 are not otherwise allocated for the administration of 

19 the mining laws by the Department of the Interior 

20 shall be deposited in the Hardrock Mining Reclama21 tion Fund established by this Act. 

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

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

24 in effect except that the annual claim maintenance fee, 


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1 where applicable, shall replace applicable assessment re2 quirements and expenditures. 

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

4 maintenance fee as required by subsection (a) shall conclu5 sively constitute a forfeiture of the unpatented mining 

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

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

8 (d) OTHER REQUIREMENTS.— 

9 (1) Nothing in this section shall change or mod10 ify the requirements of section 314(b) of the Federal 

11 Land Policy and Management Act of 1976 (43 

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

13 314(c) of the Federal Land Policy and Management 

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

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

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

17 United States (30 U.S.C. 28) is amended by insert18 ing ‘‘or section 103(a) of the Hardrock Leasing and 

19 Reclamation Act of 2018’’ after ‘‘Act of 1993’’. 

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

21 OF CLAIMS. 

22 Except as otherwise provided in section 101, timely 

23 payment of the claim maintenance fee required by section 

24 109 or any related law relating to the use of Federal land, 

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


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1 Federal land concerned for prospecting and exploration, 

2 consistent with the requirements of this Act and other ap3 plicable law. 

4 SEC. 111. PROTECTION OF SPECIAL PLACES. 

5 (a) PROTECTION OF NATIONAL PARKS AND NA6 TIONAL MONUMENTS.—No permit shall be issued under 

7 this Act that authorizes mineral activities that would im8 pair the land or resources of a National Park or a Na9 tional Monument. For purposes of this subsection, the 

10 term ‘‘impair’’ includes any diminution of the affected 

11 land including wildlife, scenic assets, water resources, air 

12 quality, and acoustic qualities, or other changes that 

13 would impair a citizen’s experience at the National Park 

14 or National Monument. 

15 (b) PROTECTION OF CONSERVATION AREAS.—In 

16 order to protect the resources and values of National Con17 servation System units, the Secretary, as appropriate, 

18 shall utilize authority under this Act and other applicable 

19 law to the fullest extent necessary to prevent mineral ac20 tivities that could have an adverse impact on the resources 

21 or values for which such units were established 

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

23 any other provision of law and subject to valid existing 

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

25 of the following: 


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1 (1) Wilderness study areas. 

2 (2) Areas of critical environmental concern. 

3 (3) Units of the National Conservation System. 

4 (4) Areas designated for inclusion in the Na5 tional Wild and Scenic Rivers System pursuant to 

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

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

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

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

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

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

12 (5) Any area identified in the set of inventoried 

13 roadless areas maps contained in the Forest Service 

14 Roadless Area Conservation Final Environmental 

15 Impact Statement, Volume 2, dated November 2000. 

16 SEC. 112. SUITABILITY DETERMINATION. 

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

18 make each determination of whether lands are suitable for 

19 mineral activities that is otherwise required by this Act, 

20 in accordance with subsection (b). 

21 (b) SUITABILITY.— 

22 (1) IN GENERAL.—The Secretary concerned 

23 shall consider lands suitable for mineral activities if 

24 the Secretary concerned finds that such activities 

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1 reparable damage to a special characteristic de2 scribed in paragraph (2) that cannot be prevented 

3 by the imposition of conditions in the permit re4 quired for such activities under title II. 

5 (2) SPECIAL CHARACTERISTICS.—For purposes 

6 of paragraph (1) the Secretary concerned shall con7 sider each of the following to be a special char8 acteristic: 

9 (A) The existence of a significant water re10 source or supply in or associated with such 

11 lands, including any aquifer or aquifer recharge 

12 area. 

13 (B) The presence on such lands of a pub14 licly owned place that is listed on, or deter15 mined by the Secretary of the Interior to be eli16 gible for listing on, the National Register of 

17 Historic Places. 

18 (C) The designation of all or any portion 

19 of such lands, or any adjacent lands, as a Na20 tional Conservation System unit. 

21 (D) The designation of all or any portion 

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

23 habitat under the Endangered Species Act of 

24 1973 (16 U.S.C. 1531 et seq.). 


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1 (E) The designation of all or any portion 

2 of such lands as a class I area under section 

3 162 of the Clean Air Act (42 U.S.C. 7472). 

4 (F) The presence of such other resource 

5 values as the Secretary concerned may by rule 

6 specify, determined based upon field testing 

7 that verifies such values. 

8 (G) The designation of such lands, or adja9 cent lands, as a Research Natural Area. 

10 (H) The presence on such lands of a sa11 cred site of an Indian tribe, as those terms are 

12 defined in Executive Order 13007, or other cul13 tural and religious values. 

14 (3) A determination under this subsection of 

15 suitability for mineral activities shall be made after 

16 publication of notice and an opportunity for submis17 sion of public comment for a period of not less than 

18 60 days. 

19 (4) Any determination made in accordance with 

20 this subsection with respect to lands shall be incor21 porated into each Federal land use plan applicable 

22 to such lands, at the time such plan is adopted, re23 vised, or significantly amended pursuant to any Fed24 eral law other than this Act. 


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1 (c) EXISTING OPERATIONS.—Nothing in this section 

2 shall be construed as affecting lands on which mineral ac3 tivities were being conducted on the date of enactment of 

4 this Act under an approved plan of operations or under 

5 notice. 

6 TITLE II—ENVIRONMENTAL 

7 CONSIDERATIONS OF MIN8 ERAL EXPLORATION AND DE9 VELOPMENT 

10 SEC. 201. GENERAL STANDARD FOR HARDROCK MINING ON 

11 FEDERAL LAND. 

12 Notwithstanding section 302(b) of the Federal Land 

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

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

15 30 Stat. 36; 16 U.S.C. 478), and the National Forest 

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

17 in accordance with this title and applicable law, unless ex18 pressly stated otherwise in this Act, the Secretary shall 

19 ensure that mineral activities on any Federal land that 

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

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

22 are carefully controlled to prevent undue degradation of 

23 public lands and resources. 


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1 SEC. 202. PERMITS. 

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

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

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

6 wildlife, unless a permit was issued to such person under 

7 this title authorizing such activities. 

8 (b) NEGLIGIBLE DISTURBANCE.—Notwithstanding 

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

11 Federal land. 

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

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

15 in coordination with the timing and other requirements 

16 under section 102 of the National Environmental Policy 

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

18 SEC. 203. EXPLORATION PERMIT. 

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

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

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

26 for analysis, study, and testing. Such permit shall not auVerDate Sep 11 2014 22:42 May 23, 2018 Jkt 079200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H5753.IH H5753

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1 thorize the applicant to remove any mineral for sale nor 

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

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

6 be submitted in a manner satisfactory to the Secretary 

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

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

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

16 shall, at a minimum, require the following: 

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

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

21 activities and final reclamation will conform with the 

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

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

25 not included within an area listed in section 111. 


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1 (4) The applicant has demonstrated that the 

2 exploration plan and reclamation plan will be in 

3 compliance with the requirements of this Act and all 

4 other applicable Federal requirements, and any 

5 State requirements agreed to by the Secretary con6 cerned. 

7 (5) The applicant has demonstrated that the re8 quirements of section 206 (relating to financial as9 surance) will be met. 

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

11 under section 205. 

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

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

14 that necessary to accomplish the proposed exploration, 

15 and in no case for more than 10 years. 

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

17 exploration permit the permit holder may submit an appli18 cation to modify the permit. To approve a proposed modi19 fication to the permit, the Secretary concerned shall make 

20 the same determinations as are required in the case of 

21 an original permit, except that the Secretary and the Sec22 retary of Agriculture may specify by joint rule the extent 

23 to which requirements for initial exploration permits under 

24 this section shall apply to applications to modify an exploVerDate Sep 11 2014 22:42 May 23, 2018 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H5753.IH H5753

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1 ration permit based on whether such modifications are 

2 deemed significant or minor. 

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

4 (1) No transfer, assignment, or sale of rights granted by 

5 a permit issued under this section shall be made without 

6 the prior written approval of the Secretary concerned. 

7 (2) Such Secretary shall allow a person holding a per8 mit to transfer, assign, or sell rights under the permit to 

9 a successor, if the Secretary finds, in writing, that the suc10 cessor— 

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

12 with section 204(d); 

13 (B) has submitted evidence of financial assur14 ance satisfactory under section 206; and 

15 (C) meets any other requirements specified by 

16 the Secretary. 

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

18 and reclamation responsibilities established by the existing 

19 permit and shall conduct the mineral activities in full com20 pliance with this Act, and the terms and conditions of the 

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

22 or sale. 

23 (4) Each application for approval of a permit trans24 fer, assignment, or sale pursuant to this subsection shall 

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


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1 Interior in such amount as may be established by such 

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

3 anticipated cost to the Secretary or the Secretary of Agri4 culture, as appropriate, of reviewing and approving or dis5 approving such transfer, assignment, or sale, as deter6 mined by the Secretary of the Interior. 

7 SEC. 204. OPERATIONS PERMIT. 

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

9 in compliance with all provisions of this Act may apply 

10 to the Secretary concerned for an operations permit au11 thorizing the applicant to carry out mineral activities, 

12 other than casual use, on— 

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

14 valid tunnel site claim, or lease issued under this 

15 Act; and 

16 (B) such additional Federal land as the Sec17 retary may determine is necessary to conduct the 

18 proposed mineral activities, if the operator obtains a 

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

20 under title V of the Federal Land Policy and Man21 agement Act of 1976 (43 U.S.C. 1761 et seq.) and 

22 agrees to pay all fees required under that title for 

23 the permit under that title. 


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

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

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

6 be submitted in a manner satisfactory to the Secretary 

7 concerned and shall contain site characterization data, an 

8 operations plan, a reclamation plan, monitoring plans, 

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

10 such documentation as necessary to ensure compliance 

11 with applicable Federal and State environmental laws and 

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

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

15 of such operations may be required by the Secretary. 

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

18 the Secretary concerned shall issue an operations permit 

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

21 finds that the application and applicant do not fully meet 

22 the following requirements: 

23 (A) The permit application, including the site 

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


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

4 (B) The applicant has demonstrated that the 

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

7 the applicant and will not cause undue degradation. 

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

9 and wildlife resources and habitat contained thereon, 

10 after the completion of mineral activities and final 

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

13 are returned to a productive use. 

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

15 not listed in section 111 or otherwise ineligible for 

16 mineral activities. 

17 (E) The proposed operation has been designed 

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

20 (F) The applicant will fully comply with the re21 quirements of section 206 (relating to financial as22 surance) prior to the initiation of operations. 

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

24 subsidiary, affiliate, or person controlled by or under 


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1 common control with the applicant or operator, is in2 eligible to receive a permit under section 205. 

3 (H) The reclamation plan demonstrates that 10 

4 years following mine closure, no treatment of surface 

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

7 of discharge. 

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

10 a removal or remedial action under section 101 of the 

11 Comprehensive Environmental Response, Compensation, 

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

13 Secretary shall consult with the Administrator of the En14 vironmental Protection Agency prior to the issuance of an 

15 operations permit. The Administrator shall ensure that 

16 the reclamation plan does not require activities that would 

17 increase the costs or likelihood of removal or remedial ac18 tions under the Comprehensive Environmental Response, 

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

20 et seq.) or corrective actions under the Solid Waste Dis21 posal Act (42 U.S.C. 6901 et seq.). 

22 (d) TERM OF PERMIT; RENEWAL.— 

23 (1) An operations permit— 

24 (A) shall be for an initial term that is no 

25 longer than the shorter of— 


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1 (i) the period necessary to accomplish 

2 the proposed mineral activities subject to 

3 the permit; and 

4 (ii) the length of time remaining on 

5 the applicant’s hardrock mining lease; and 

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

7 year period if the operation is in compliance 

8 with the requirements of this Act and other ap9 plicable law. 

10 (2) Failure by the operator to commence min11 eral activities within 2 years of the date scheduled 

12 in an operations permit shall require a modification 

13 of the permit if the Secretary concerned determines 

14 that modifications are necessary to comply with sec15 tion 111. 

16 (e) PERMIT MODIFICATION.— 

17 (1) During the term of an operations permit 

18 the operator may submit an application to modify 

19 the permit (including the operations plan or rec20 lamation plan, or both). 

21 (2) The Secretary concerned may, at any time, 

22 require reasonable modification to any operations 

23 plan or reclamation plan upon a determination that 

24 the requirements of this Act cannot be met if the 

25 plan is followed as approved. Such determination 


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1 shall be based on a written finding and subject to 

2 public notice and hearing requirements established 

3 by the Secretary concerned. 

4 (3) A permit modification is required before 

5 changes are made to the approved plan of oper6 ations, or if unanticipated events or conditions exist 

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

8 (A) development of acid or toxic drainage; 

9 (B) loss of springs or water supplies; 

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

11 resulting water impacts that are significantly 

12 different than those predicted in the applica13 tion; 

14 (D) the need for long-term water treat15 ment; 

16 (E) significant reclamation difficulties or 

17 reclamation failure; 

18 (F) the discovery of significant scientific, 

19 cultural, or biological resources that were not 

20 addressed in the original plan; or 

21 (G) the discovery of hazards to public safe22 ty. 

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

24 An operator conducting mineral activities under an oper25 ations permit in effect under this title may not temporarily 


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1 cease mineral activities for a period greater than 180 days 

2 unless the Secretary concerned has approved such tem3 porary cessation or unless the temporary cessation is per4 mitted under the original permit. Any operator tempo5 rarily ceasing mineral activities for a period greater than 

6 90 days under an operations permit issued before the date 

7 of the enactment of this Act shall submit, before the expi8 ration of such 90-day period, a complete application for 

9 temporary cessation of operations to the Secretary con10 cerned for approval unless the temporary cessation is per11 mitted under the original permit. 

12 (2) An application for approval of temporary ces13 sation of operations shall include such information re14 quired under subsection (b) and any other provisions pre15 scribed by the Secretary concerned to minimize impacts 

16 on the environment. After receipt of a complete applica17 tion for temporary cessation of operations such Secretary 

18 shall conduct an inspection of the area for which tem19 porary cessation of operations has been requested. 

20 (3) To approve an application for temporary ces21 sation of operations, the Secretary concerned shall make 

22 each of the following determinations: 

23 (A) A determination that the methods for se24 curing surface facilities and restricting access to the 

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1 tively ensure against hazards to the health and safe2 ty of the public and fish and wildlife. 

3 (B) A determination that reclamation is in com4 pliance with the approved reclamation plan, except 

5 in those areas specifically designated in the applica6 tion for temporary cessation of operations for which 

7 a delay in meeting such standards is necessary to fa8 cilitate the resumption of operations. 

9 (C) A determination that the amount of finan10 cial assurance filed with the permit application is 

11 sufficient to assure completion of the reclamation ac12 tivities identified in the approved reclamation plan in 

13 the event of forfeiture. 

14 (D) A determination that any outstanding no15 tices of violation and cessation orders incurred in 

16 connection with the plan for which temporary ces17 sation is being requested are either stayed pursuant 

18 to an administrative or judicial appeal proceeding or 

19 are in the process of being abated to the satisfaction 

20 of the Secretary concerned. 

21 (g) PERMIT REVIEWS.—The Secretary concerned 

22 shall review each permit issued under this section every 

23 10 years during the term of such permit, shall provide 

24 public notice of the permit review, and, based upon a writ25 ten finding, such Secretary shall require the operator to 


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1 take such actions as the Secretary deems necessary to as2 sure that mineral activities conform to the permit, includ3 ing adjustment of financial assurance requirements. 

4 (h) TRANSFER, ASSIGNMENT, OR SALE OF

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

6 granted by a permit under this section shall be made with7 out the prior written approval of the Secretary concerned. 

8 (2) The Secretary concerned may allow a person hold9 ing a permit to transfer, assign, or sell rights under the 

10 permit to a successor, if such Secretary finds, in writing, 

11 that the successor— 

12 (A) has submitted information required and is 

13 eligible to receive a permit in accordance with sec14 tion 205; 

15 (B) has submitted evidence of financial assur16 ance satisfactory under section 206; and 

17 (C) meets any other requirements specified by 

18 such Secretary. 

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

20 and reclamation responsibilities established by the existing 

21 permit and shall conduct the mineral activities in full com22 pliance with this Act, and the terms and conditions of the 

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

24 or sale. 


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1 (4) Each application for approval of a permit trans2 fer, assignment, or sale pursuant to this subsection shall 

3 be accompanied by a fee payable to the Secretary con4 cerned in such amount as may be established by such Sec5 retary. Such amount shall be equal to the actual or antici6 pated cost of reviewing and approving or disapproving 

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

8 Secretary. 

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

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

12 participation in permit decisions required under this Act, 

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

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

16 SEC. 205. PERSONS INELIGIBLE FOR PERMITS. 

17 (a) CURRENT VIOLATIONS.—Unless corrective action 

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

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

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

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

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

24 officer or director of the applicant is currently in violation 

25 of any of the following: 


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

2 under this Act. 

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

5 wildlife conservation law or regulation at any site 

6 where mining, beneficiation, or processing activities 

7 are occurring or have occurred. 

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

10 regulation implementing that Act at any site where 

11 surface coal mining operations have occurred or are 

12 occurring. 

13 (b) SUSPENSION.—The Secretary concerned shall 

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

15 Secretary determines that any of the entities described in 

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

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

18 (c) CORRECTION.—(1) The Secretary concerned may 

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

20 submits proof that the violation referred to in subsection 

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

22 corrected to the satisfaction of such Secretary and the reg23 ulatory authority involved or if the applicant submits proof 

24 that the violator has filed and is presently pursuing, a di25 rect administrative or judicial appeal to contest the existVerDate Sep 11 2014 22:42 May 23, 2018 Jkt 079200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H5753.IH H5753

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1 ence of the violation. For purposes of this section, an ap2 peal of any applicant’s relationship to an affiliate shall not 

3 constitute a direct administrative or judicial appeal to con4 test the existence of the violation. 

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

6 upon proof submitted under this subsection shall be condi7 tionally approved or conditionally reinstated, as the case 

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

9 violation is upheld on appeal, the permit shall be sus10 pended or revoked. 

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

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

13 is a demonstrated pattern of willful violations of the envi14 ronmental protection requirements of this Act by the ap15 plicant, any affiliate of the applicant, or the operator or 

16 claim, license, or lease holder if different than the appli17 cant. 

18 SEC. 206. FINANCIAL ASSURANCE. 

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

20 permit is issued under this title and before any exploration 

21 or operations begin under the permit, the operator shall 

22 file with the Secretary concerned evidence of financial as23 surance payable to the United States. The financial assur24 ance shall be provided in the form of a surety bond, a 

25 trust fund, letters of credits, government securities, cerVerDate Sep 11 2014 22:42 May 23, 2018 Jkt 079200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H5753.IH H5753

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1 tificates of deposit, cash, or an equivalent form approved 

2 by such Secretary. 

3 (2) The financial assurance shall cover all lands with4 in the initial permit area and all affected waters that may 

5 require restoration, treatment, or other management as a 

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

7 all lands and waters added pursuant to any permit modi8 fication made under section 203(e) (relating to exploration 

9 permits) or section 204(e) (relating to operations per10 mits), or affected by mineral activities. 

11 (b) AMOUNT.—The amount of the financial assur12 ance required under this section shall be sufficient to as13 sure the completion of reclamation and restoration satis14 fying the requirements of this Act if the work were to be 

15 performed by the Secretary concerned in the event of for16 feiture, including the construction and maintenance costs 

17 for any treatment facilities necessary to meet Federal and 

18 State environmental requirements. The calculation of such 

19 amount shall take into account the maximum level of fi20 nancial exposure which shall arise during the mineral ac21 tivity and administrative costs associated with a govern22 ment agency reclaiming the site. 

23 (c) DURATION.—The financial assurance required 

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

25 mineral activities and for an additional period to cover the 


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1 operator’s responsibility for reclamation, restoration, and 

2 long-term maintenance, and effluent treatment as speci3 fied in subsection (g). 

4 (d) ADJUSTMENTS.—The amount of the financial as5 surance and the terms of the acceptance of the assurance 

6 may be adjusted by the Secretary concerned from time to 

7 time as the area requiring coverage is increased or de8 creased, or where the costs of reclamation or treatment 

9 change, or pursuant to section 204(f) (relating to tem10 porary cessation of operations), but the financial assur11 ance shall otherwise be in compliance with this section. 

12 The Secretary concerned shall review the financial guar13 antee every 3 years and as part of the permit application 

14 review under section 204(g). 

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

16 opportunity for public comment, and after inspection by 

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

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

20 assurance required under this section if the Secretary 

21 makes both of the following determinations: 

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

24 accomplished as required by this Act. 


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

3 and State requirements applicable pursuant to coop4 erative agreements under section 208, have been ful5 filled. 

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

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

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

10 an area subject to mineral activities and covered by 

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

14 portion of the total financial assurance secured for 

15 the area subject to mineral activities attributable to 

16 the completed activities may be released except that 

17 sufficient assurance must be retained to address 

18 other required reclamation and restoration needs 

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

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

23 activities and all requirements of the operations plan 

24 and the reclamation plan, and all other requirements 


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

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

5 portion of the financial assurance is released as provided 

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

7 with the permit issued under this title. 

8 (g) EFFLUENT.—Notwithstanding section 207(b)(4), 

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

11 order to meet the applicable effluent limitations and water 

12 quality standards, the financial assurance shall include the 

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

15 mineral activities. The portion of the financial assurance 

16 attributable to such estimated cost of treatment shall not 

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

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

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

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

22 (h) ENVIRONMENTAL HAZARDS.—If the Secretary 

23 concerned determines, after final release of financial as24 surance, that an environmental hazard resulting from the 

25 mineral activities exists, or the terms and conditions of 


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1 the explorations or operations permit of this Act were not 

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

3 issue an order under section 406 requiring the claim hold4 er or operator (or any person who controls the claim hold5 er or operator) to correct the condition such that applica6 ble laws and regulations and any conditions from the plan 

7 of operations are met. 

8 SEC. 207. OPERATION AND RECLAMATION. 

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

10 lands subject to mineral activities carried out under a per11 mit issued under this title to a condition capable of sup12 porting— 

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

14 supporting prior to surface disturbance by the oper15 ator; or 

16 (B) other beneficial uses which conform to ap17 plicable land use plans as determined by the Sec18 retary concerned. 

19 (2) Reclamation shall proceed as contemporaneously 

20 as practicable with the conduct of mineral activities. In 

21 the case of a cessation of mineral activities beyond that 

22 provided for as a temporary cessation under this Act, rec23 lamation activities shall begin immediately. 

24 (b) OPERATION AND RECLAMATION STANDARDS.— 

25 The Secretary of the Interior and the Secretary of AgriVerDate Sep 11 2014 22:42 May 23, 2018 Jkt 079200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H5753.IH H5753

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1 culture shall jointly promulgate regulations that establish 

2 operation and reclamation standards for mineral activities 

3 permitted under this Act. The Secretaries may determine 

4 whether outcome-based performance standards or tech5 nology-based design standards are most appropriate. The 

6 regulations shall address the following: 

7 (1) Segregation, protection, and replacement of 

8 topsoil or other suitable growth medium, and the 

9 prevention, where possible, of soil contamination. 

10 (2) Maintenance of the stability of all surface 

11 areas. 

12 (3) Control of sediments to prevent erosion and 

13 manage drainage. 

14 (4) Minimization of the formation and migra15 tion of acidic, alkaline, metal-bearing, or other dele16 terious leachate. 

17 (5) Reduction of the visual impact of mineral 

18 activities to the surrounding topography, including 

19 as necessary pit backfill. 

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

21 permanent vegetative cover of the same seasonal va22 riety native to the area affected by mineral activities, 

23 and equal in extent of cover to the natural vegeta24 tion of the area. 


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1 (7) Design and maintenance of leach oper2 ations, impoundments, and excess waste according to 

3 standard engineering standards to achieve and main4 tain stability and reclamation of the site. 

5 (8) Removal of structures and roads and seal6 ing of drill holes. 

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

8 wildlife habitat disturbed by mineral activities. 

9 (10) Preservation of cultural, paleontological, 

10 and cave resources. 

11 (11) Prevention and suppression of fire in the 

12 area of mineral activities. 

13 (c) SURFACE OR GROUNDWATER WITHDRAWALS.— 

14 The Secretary concerned shall work with State and local 

15 governments with authority over the allocation and use of 

16 surface and groundwater in the area around the mine site 

17 as necessary to ensure that any surface or groundwater 

18 withdrawals made as a result of mining activities approved 

19 under this section do not cause undue degradation. 

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

21 mining claim, license, or lease that has been forfeited, re22 linquished, or lapsed, or a plan that has expired or been 

23 revoked or suspended, shall continue subject to review and 

24 approval by the Secretary concerned. 


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1 SEC. 208. STATE LAW AND REGULATION. 

2 (a) STATE LAW.—(1) Any reclamation, land use, en3 vironmental, or public health protection standard or re4 quirement in State law or regulation that meets or exceeds 

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

6 inconsistent with any such standard. 

7 (2) Any bonding standard or requirement in State 

8 law or regulation that meets or exceeds the requirements 

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

10 such requirements. 

11 (3) Any inspection standard or requirement in State 

12 law or regulation that meets or exceeds the requirements 

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

14 such requirements. 

15 (b) APPLICABILITY OF OTHER STATE REQUIRE16 MENTS.—(1) Nothing in this Act shall be construed as af17 fecting any toxic substance, solid waste, or air or water 

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

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

20 to mineral activities on lands subject to this Act. 

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

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

23 under applicable law, such person’s interest in water re24 sources affected by mineral activities on lands subject to 

25 this Act. 


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

2 may enter into a cooperative agreement with the Secretary 

3 concerned for the purposes of such Secretary applying 

4 such standards and requirements referred to in subsection 

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

6 on lands subject to this Act. 

7 (2) In such instances where the proposed mineral ac8 tivities would affect lands not subject to this Act in addi9 tion to lands subject to this Act, in order to approve a 

10 plan of operations the Secretary concerned shall enter into 

11 a cooperative agreement with the State that sets forth a 

12 common regulatory framework consistent with the require13 ments of this Act for the purposes of such plan of oper14 ations. Any such common regulatory framework shall not 

15 negate the authority of the Federal Government to inde16 pendently inspect mines and operations and bring enforce17 ment actions for violations. 

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

19 cooperative agreement with any State under this section 

20 until after notice in the Federal Register and opportunity 

21 for public comment and hearing. 

22 (d) PRIOR AGREEMENTS.—Any cooperative agree23 ment or such other understanding between the Secretary 

24 concerned and any State, or political subdivision thereof, 

25 relating to the management of mineral activities on lands 


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

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

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

4 1-year period, the State and the Secretary shall review the 

5 terms of the agreement and make changes that are nec6 essary to be consistent with this Act. 

7 TITLE III—ABANDONED 

8 HARDROCK MINE RECLAMATION 

9 SEC. 301. ESTABLISHMENT OF FUND. 

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

11 books of the Treasury a separate account to be known as 

12 the Hardrock Minerals Reclamation Fund. 

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

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

15 is not, in the Secretary’s judgment, required to meet cur16 rent withdrawals. The Secretary of the Treasury shall in17 vest such portion of the Fund in public debt securities 

18 with maturities suitable for the needs of such Fund and 

19 bearing interest at rates determined by the Secretary of 

20 the Treasury, taking into consideration current market 

21 yields on outstanding marketplace obligations of the 

22 United States of comparable maturities. 

23 (c) ADMINISTRATION.—In addition to other uses au24 thorized by this title, the Secretary may use amounts in 

25 the Fund as necessary for the administrative expenses of 


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1 the United States, Indian tribes, and the States to imple2 ment this title. 

3 SEC. 302. CONTENTS OF FUND. 

4 The following amounts shall be credited to the Fund: 

5 (1) All moneys collected pursuant to section 

6 406 and section 404. 

7 (2) All fees received under section 

8 204(a)(1)(B). 

9 (3) All donations by persons, corporations, as10 sociations, and foundations for the purposes of this 

11 subtitle. 

12 (4) All amounts deposited in the Fund under 

13 title I. 

14 (5) All income on investments under section 

15 301(b). 

16 (6) All amounts deposited in the Fund under 

17 section 303. 

18 SEC. 303. DISPLACED MATERIAL RECLAMATION FEE. 

19 (a) IMPOSITION OF FEE.—Except as provided in sub20 section (g), each operator conducting hardrock mineral ac21 tivities shall pay to the Secretary, for deposit in the 

22 Hardrock Minerals Fund established by section 302, a dis23 placed material reclamation fee of 7 cents per ton of dis24 placed material. 


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1 (b) PAYMENT DEADLINE.—Such reclamation fee 

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

3 calendar year beginning with the first calendar year occur4 ring after the date of enactment of this Act. 

5 (c) SUBMISSION OF STATEMENT.—Together with 

6 such reclamation fee, all operators conducting hardrock 

7 mineral activities shall submit to the Secretary a state8 ment of the amount of displaced material produced during 

9 mineral activities during the previous calendar year, the 

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

11 notarized. 

12 (d) PENALTY.—Any corporate officer, agent, or di13 rector of a person conducting hardrock mineral activities, 

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

15 who knowingly makes any false statement, representation, 

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

17 representation, or certification, required under this section 

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

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

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

21 of such reclamation fee not properly or promptly paid pur22 suant to this section shall be recoverable, with statutory 

23 interest, from the hardrock mineral activities operator, in 

24 any court of competent jurisdiction in any action at law 

25 to compel payment of debts. 


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1 (f) EFFECT.—Nothing in this section requires a re2 duction in, or otherwise affects, any similar fee required 

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

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

5 not apply for small miners. 

6 SEC. 304. USE AND OBJECTIVES OF THE FUND. 

7 (a) AUTHORIZED USES.— 

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

9 to appropriations, use moneys in the Fund for the 

10 reclamation and restoration of land and water re11 sources adversely affected by past hardrock mineral 

12 activities and related activities on lands described in 

13 section 305, including any of the following: 

14 (A) Protecting public health and safety. 

15 (B) Preventing, abating, treating, and con16 trolling water pollution created by abandoned 

17 mine drainage, including in river watershed 

18 areas. 

19 (C) Reclaiming and restoring abandoned 

20 surface and underground mined areas. 

21 (D) Reclaiming and restoring abandoned 

22 milling and processing areas. 

23 (E) Backfilling, sealing, or otherwise con24 trolling abandoned underground mine entries. 


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1 (F) Revegetating land adversely affected 

2 by past mineral activities in order to prevent 

3 erosion and sedimentation, to enhance wildlife 

4 habitat, and for any other reclamation purpose. 

5 (G) Controlling surface subsidence due to 

6 abandoned underground mines. 

7 (H) Enhancing fish and wildlife habitat. 

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

9 may— 

10 (A) be expended by the Secretary for the 

11 purposes described in paragraph (1); 

12 (B) be transferred by the Secretary to the 

13 Director of the Bureau of Land Management, 

14 the Chief of the Forest Service, the Director of 

15 the National Park Service, the Director of the 

16 United States Fish and Wildlife Service, the 

17 head of any other Federal agency, or any public 

18 entity that volunteers to develop and imple19 ment, and that has the ability to carry out, all 

20 or a significant portion of a reclamation pro21 gram under this subtitle; or 

22 (C) be transferred by the Secretary to an 

23 Indian tribe or a State to carry out a reclama24 tion program under this subtitle that meets the 

25 purposes described in paragraph (1). 


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

2 Fund— 

3 (1) 25 percent shall be allocated by the Sec4 retary for expenditure in States or on tribal lands 

5 within the boundaries of which occurs production of 

6 hardrock minerals or mineral concentrates or prod7 ucts derived from hardrock minerals, based on a for8 mula reflecting existing production in each such 

9 State or on the land of the Indian tribe; 

10 (2) 25 percent shall be allocated for expenditure 

11 by the Secretary in States or on tribal lands based 

12 on a formula reflecting the quantity of hardrock 

13 minerals, or mineral concentrates or products de14 rived from hardrock minerals, historically produced 

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

16 tribe before the date of enactment of this Act; and 

17 (3) 50 percent shall be allocated for expenditure 

18 by the Secretary to address high-priority needs ac19 cording to the priorities in subsection (c). 

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

21 Account shall reflect the following priorities in the order 

22 stated: 

23 (1) The protection of public health and safety 

24 from extreme danger from the adverse effects of 


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1 past mineral activities, especially as relates to sur2 face water and ground water contaminants. 

3 (2) The protection of public health and safety 

4 from the adverse effects of past mineral activities. 

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

6 wildlife resources previously degraded by the adverse 

7 effects of past mineral activities, which may include 

8 restoration activities in river watershed areas. 

9 (d) HABITAT.—Reclamation and restoration activi10 ties under this subtitle shall include appropriate mitiga11 tion measures to provide for the continuation of any estab12 lished habitat for wildlife in existence before the com13 mencement of such activities. 

14 (e) RESPONSE OR REMOVAL ACTIONS.—Reclamation 

15 and restoration activities under this subtitle that con16 stitute a removal or remedial action under section 101 of 

17 the Comprehensive Environmental Response, Compensa18 tion, and Liability Act of 1980 (42 U.S.C. 9601), shall 

19 be conducted with the concurrence of the Administrator 

20 of the Environmental Protection Agency. The Secretary 

21 and the Administrator shall enter into a memorandum of 

22 understanding to establish procedures for consultation, 

23 concurrence, training, exchange of technical expertise, and 

24 joint activities under the appropriate circumstances, that 

25 provide assurances that reclamation or restoration activiVerDate Sep 11 2014 22:42 May 23, 2018 Jkt 079200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H5753.IH H5753

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1 ties under this subtitle shall not be conducted in a manner 

2 that increases the costs or likelihood of removal or reme3 dial actions under the Comprehensive Environmental Re4 sponse, Compensation, and Liability Act of 1980 (42 

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

6 agencies to the maximum extent practicable. 

7 SEC. 305. ELIGIBLE LANDS AND WATERS. 

8 (a) ELIGIBILITY.—Reclamation expenditures under 

9 this subtitle may only be made with respect to Federal, 

10 State, Indian, local, and private lands that have been af11 fected by past mineral activities, and water resources that 

12 traverse or are contiguous to such lands, including any 

13 of the following: 

14 (1) Lands and water resources that were used 

15 for, or affected by, mineral activities and abandoned 

16 or left in an inadequate reclamation status before 

17 the effective date of this Act. 

18 (2) Lands for which the Secretary makes a de19 termination that there is no continuing reclamation 

20 responsibility of a claim holder, operator, or other 

21 person who abandoned the site prior to completion 

22 of required reclamation under State or other Federal 

23 laws. 

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

25 maintain a publicly available inventory of abandoned 


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1 hardrock minerals mines on public lands and any aban2 doned mine on Indian lands that may be eligible for ex3 penditures under this subtitle, and shall submit an annual 

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

5 sites. 

6 SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 

7 Amounts credited to the Fund are authorized to be 

8 appropriated for the purpose of this subtitle without fiscal 

9 year limitation. 

10 TITLE IV—ADMINISTRATIVE 

11 PROVISIONS 

12 SEC. 401. POLICY FUNCTIONS. 

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

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

15 amended— 

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

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

18 mineral extraction and processing not cause undue 

19 degradation of the natural and cultural resources of 

20 the public lands’’; and 

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

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

23 of Agriculture to carry out the policy provisions of 

24 clauses (1) and (2) of the first paragraph of this 

25 section.’’. 


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

2 Materials and Minerals Policy, Research and Development 

3 Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by insert4 ing before the period the following: ‘‘, except that for Na5 tional Forest System lands the Secretary of Agriculture 

6 shall promptly initiate actions to improve the availability 

7 and analysis of mineral data in public land use decision8 making’’. 

9 SEC. 402. USER FEES AND INFLATION ADJUSTMENT. 

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

11 of Agriculture may each establish and collect from persons 

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

13 may be necessary to reimburse the United States for the 

14 expenses incurred in administering such requirements. 

15 Fees may be assessed and collected under this section only 

16 in such manner as may reasonably be expected to result 

17 in an aggregate amount of the fees collected during any 

18 fiscal year which does not exceed the aggregate amount 

19 of administrative expenses referred to in this section. 

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

21 the fees required by this section, and all claim mainte22 nance fees, rental rates, penalty amounts, and other dollar 

23 amounts established in this Act, to reflect changes in the 

24 Consumer Price Index published by the Bureau of Labor 

25 Statistics of the Department of Labor every 3 years after 


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

2 the Secretary determines an adjustment to be reasonable. 

3 (2) The Secretary shall provide claimants, license 

4 holders, and lease holders notice of any adjustment made 

5 under this subsection not later than July 1 of any year 

6 in which the adjustment is made. 

7 (3) A fee adjustment under this subsection shall 

8 begin to apply the calendar year following the calendar 

9 year in which it is made. 

10 SEC. 403. INSPECTION AND MONITORING. 

11 (a) INSPECTIONS.—(1) The Secretary concerned 

12 shall make inspections of mineral activities so as to ensure 

13 compliance with the requirements of this Act. 

14 (2) The Secretary concerned shall establish a fre15 quency of inspections for mineral activities conducted 

16 under a permit issued under title II, but in no event shall 

17 such inspection frequency be less than one complete in18 spection per calendar quarter or, two per calendar quarter 

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

20 approves an application under section 204(f) (relating to 

21 temporary cessation of operations). After revegetation has 

22 been established in accordance with a reclamation plan, 

23 such Secretary shall conduct annually 2 complete inspec24 tions. Such Secretary shall have the discretion to modify 

25 the inspection frequency for mineral activities that are 


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1 conducted on a seasonal basis. Inspections shall continue 

2 under this subsection until final release of financial assur3 ance. 

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

5 she is or may be adversely affected by mineral activities 

6 due to any violation of the requirements of a permit ap7 proved under this Act may request an inspection. The Sec8 retary concerned shall determine within 10 working days 

9 of receipt of the request whether the request states a rea10 son to believe that a violation exists. If the person alleges 

11 and provides reason to believe that an imminent threat 

12 to the environment or danger to the health or safety of 

13 the public exists, the 10-day period shall be waived and 

14 the inspection shall be conducted immediately. When an 

15 inspection is conducted under this paragraph, the Sec16 retary concerned shall notify the person requesting the in17 spection, and such person shall be allowed to accompany 

18 the Secretary concerned or the Secretary’s authorized rep19 resentative during the inspection. The Secretary shall not 

20 incur any liability for allowing such person to accompany 

21 an authorized representative. The identity of the person 

22 supplying information to the Secretary relating to a pos23 sible violation or imminent danger or harm shall remain 

24 confidential with the Secretary if so requested by that perVerDate Sep 11 2014 22:42 May 23, 2018 Jkt 079200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H5753.IH H5753

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1 son, unless that person elects to accompany an authorized 

2 representative on the inspection. 

3 (B) The Secretaries shall, by joint rule, establish pro4 cedures for the review of (i) any decision by an authorized 

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

6 representative to ensure that remedial actions are taken 

7 with respect to any alleged violation. The Secretary con8 cerned shall furnish such persons requesting the review 

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

10 disposition of the case. 

11 (b) MONITORING.—(1) The Secretary concerned shall 

12 require all operators to develop and maintain a monitoring 

13 and evaluation system that shall identify compliance with 

14 all requirements of a permit approved under this Act. The 

15 Secretary concerned may require additional monitoring to 

16 be conducted as necessary to assure compliance with the 

17 reclamation and other environmental standards of this 

18 Act. Such plan must be reviewed and approved by the Sec19 retary and shall become a part of the explorations or oper20 ations permit. 

21 (2) The operator shall file reports with the Secretary 

22 concerned, on a frequency determined by the Secretary 

23 concerned, on the results of the monitoring and evaluation 

24 process, except that if the monitoring and evaluation show 

25 a violation of the requirements of a permit approved under 


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

2 concerned. The Secretary shall evaluate the reports sub3 mitted pursuant to this paragraph, and based on those 

4 reports and any necessary inspection shall take enforce5 ment action pursuant to this section. Such reports shall 

6 be maintained by the operator and by the Secretary and 

7 shall be made available to the public. 

8 (3) The Secretary concerned shall determine what in9 formation shall be reported by the operator pursuant to 

10 paragraph (3). A failure to report as required by the Sec11 retary concerned shall constitute a violation of this Act 

12 and subject the operator to enforcement action pursuant 

13 to section 406. 

14 SEC. 404. CITIZENS SUITS. 

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

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

17 her own behalf to compel compliance— 

18 (1) against any person (including the Secretary 

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

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

21 any regulation promulgated pursuant to this Act or 

22 any term or condition of any lease, license, or permit 

23 issued under this Act; or 

24 (2) against the Secretary or the Secretary of 

25 Agriculture where there is alleged a failure of such 


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

2 or to promulgate any regulation under this Act, 

3 which is not within the discretion of the Secretary 

4 concerned. 

5 The United States district courts shall have jurisdiction 

6 over actions brought under this section, without regard to 

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

8 including actions brought to apply any civil penalty under 

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

10 have jurisdiction to compel agency action unreasonably de11 layed, except that an action to compel agency action re12 viewable under section 405 may only be filed in a United 

13 States district court within the circuit in which such action 

14 would be reviewable under section 405. 

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

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

17 beginning on the date the plaintiff has given notice in writ18 ing of such alleged violation to the alleged violator and 

19 the Secretary concerned, except that any such action may 

20 be brought immediately after such notification if the viola21 tion complained of constitutes an imminent threat to the 

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

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

24 other than the Secretary or the Secretary of Agriculture 

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


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1 and is diligently prosecuting a civil or criminal action in 

2 a court of the United States to require compliance. 

3 (3) No action may be commenced under paragraph 

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

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

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

7 is judicially reviewable under section 405 or under any 

8 other provision of law at any time after such promulga9 tion, issuance, or denial is final. 

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

11 section shall be determined in accordance with section 

12 1391 of title 28, United States Code. 

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

14 any action brought pursuant to this section may award 

15 costs of litigation (including attorney and expert witness 

16 fees) to any party whenever the court determines such 

17 award is appropriate. The court may, if a temporary re18 straining order or preliminary injunction is sought, require 

19 the filing of a bond or equivalent security in accordance 

20 with the Federal Rules of Civil Procedure. 

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

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

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

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

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1 retary or the Secretary of Agriculture or against any other 

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

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

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

5 section shall affect the jurisdiction of any court under any 

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

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

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

9 as required by law. 

10 SEC. 405. ADMINISTRATIVE AND JUDICIAL REVIEW. 

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

12 issued a notice of violation or cessation order under sec13 tion 406, or any person having an interest which is or 

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

15 apply to the Secretary concerned for review of the notice 

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

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

18 is modified, vacated, or terminated. 

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

20 under section 406 may apply to the Secretary concerned 

21 for review of the assessment within 45 days of notification 

22 of such penalty. 

23 (C) Any person may apply to such Secretary for re24 view of the decision within 30 days after it is made. 


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

2 of an administrative appeal, final decisions (except en3 forcement actions under section 406) shall be stayed. 

4 (2) The Secretary concerned shall provide an oppor5 tunity for a public hearing at the request of any party 

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

7 of an application for review under this subsection shall not 

8 operate as a stay of any order or notice issued under sec9 tion 406. 

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

11 the Secretary concerned shall make findings of fact and 

12 shall issue a written decision incorporating therein an 

13 order vacating, affirming, modifying, or terminating the 

14 notice, order, or decision, or with respect to an assess15 ment, the amount of penalty that is warranted. Where the 

16 application for review concerns a cessation order issued 

17 under section 406 the Secretary concerned shall issue the 

18 written decision within 30 days of the receipt of the appli19 cation for review or within 30 days after the conclusion 

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

21 later, unless temporary relief has been granted by the Sec22 retary concerned under paragraph (4). 

23 (4) Pending completion of any review proceedings 

24 under this subsection, the applicant may file with the Sec25 retary concerned a written request that the Secretary 


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1 grant temporary relief from any order issued under section 

2 406 together with a detailed statement giving reasons for 

3 such relief. The Secretary concerned shall expeditiously 

4 issue an order or decision granting or denying such relief. 

5 The Secretary concerned may grant such relief under such 

6 conditions as he or she may prescribe only if such relief 

7 shall not adversely affect the health or safety of the public 

8 or cause imminent environmental harm to land, air, or 

9 water resources. 

10 (5) The availability of review under this subsection 

11 shall not be construed to limit the operation of rights 

12 under section 404 (relating to citizen suits). 

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

14 Secretaries of the Interior and Agriculture in promul15 gating regulations to implement this Act, or any other 

16 final actions constituting rulemaking to implement this 

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

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

19 action subject to judicial review under this subsection shall 

20 be affirmed unless the court concludes that such action 

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

22 A petition for review of any action subject to judicial re23 view under this subsection shall be filed within 60 days 

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

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


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

2 commented or otherwise participated in the rulemaking or 

3 any person who may be adversely affected by the action 

4 of the Secretaries. 

5 (2) Final agency action under this subsection, includ6 ing such final action on those matters described under 

7 subsection (a), shall be subject to judicial review in accord8 ance with paragraph (4) and pursuant to section 1391 of 

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

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

11 review under this subsection shall be affirmed unless the 

12 court concludes that such action is arbitrary, capricious, 

13 or otherwise inconsistent with law. 

14 (3) The availability of judicial review established in 

15 this subsection shall not be construed to limit the oper16 ations of rights under section 404 (relating to citizens 

17 suits). 

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

19 filed under this subsection solely on the record made be20 fore the Secretary or Secretaries concerned. The court 

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

22 the proceedings to the Secretary or Secretaries for such 

23 further action as it may direct. 

24 (5) The commencement of a proceeding under this 

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


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

2 Secretary or Secretaries concerned. 

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

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

5 equal to the aggregate amount of all costs and expenses 

6 (including attorney fees) as determined by the Secretary 

7 or Secretaries concerned or the court to have been reason8 ably incurred by such person for or in connection with par9 ticipation in such proceedings, including any judicial re10 view of the proceeding, may be assessed against either 

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

12 Secretary or Secretaries concerned in the case of adminis13 trative proceedings, deems proper if it is determined that 

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

15 success on the merits, and that such party made a sub16 stantial contribution to a full and fair determination of 

17 the issues. 

18 SEC. 406. ENFORCEMENT. 

19 (a) ORDERS.—(1) If the Secretary concerned, or an 

20 authorized representative of such Secretary, determines 

21 that any person is in violation of any environmental pro22 tection requirement or any regulation issued by the Secre23 taries to implement this Act, such Secretary or authorized 

24 representative shall issue to such person a notice of viola25 tion describing the violation and the corrective measures 


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1 to be taken. The Secretary concerned, or the authorized 

2 representative of such Secretary, shall provide such person 

3 with a period of time not to exceed 30 days to abate the 

4 violation. Such period of time may be extended by the Sec5 retary concerned upon a showing of good cause by such 

6 person. If, upon the expiration of time provided for such 

7 abatement, the Secretary concerned, or the authorized 

8 representative of such Secretary, finds that the violation 

9 has not been abated he or she shall immediately order a 

10 cessation of all mineral activities or the portion thereof 

11 relevant to the violation. 

12 (2) If the Secretary concerned, or the authorized rep13 resentative of the Secretary concerned, determines that 

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

15 violation of any requirement under a permit approved 

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

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

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

19 of the public; or 

20 (B) significant, imminent environmental harm 

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

22 such Secretary or authorized representative shall imme23 diately order a cessation of mineral activities or the por24 tion thereof relevant to the condition, practice, or viola25 tion. 


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1 (3)(A) A cessation order pursuant to paragraph (1) 

2 or (2) shall remain in effect until such Secretary, or au3 thorized representative, determines that the condition, 

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

5 vacated or terminated by the Secretary or authorized rep6 resentative. In any such order, the Secretary or authorized 

7 representative shall determine the steps necessary to abate 

8 the violation in the most expeditious manner possible and 

9 shall include the necessary measures in the order. The 

10 Secretary concerned shall require appropriate financial as11 surances to ensure that the abatement obligations are met. 

12 (B) Any notice or order issued pursuant to paragraph 

13 (1) or (2) may be modified, vacated, or terminated by the 

14 Secretary concerned or an authorized representative of 

15 such Secretary. Any person to whom any such notice or 

16 order is issued shall be entitled to a hearing on the record. 

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

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

19 occurred, the Secretary concerned shall take such alter20 native enforcement action against the claim holder, license 

21 holder, lease holder, or operator (or any person who con22 trols the claim holder, license holder, lease holder, or oper23 ator) as will most likely bring about abatement in the most 

24 expeditious manner possible. Such alternative enforcement 

25 action may include, but is not necessarily limited to, seekVerDate Sep 11 2014 22:42 May 23, 2018 Jkt 079200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H5753.IH H5753

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1 ing appropriate injunctive relief to bring about abatement. 

2 Nothing in this paragraph shall preclude the Secretary 

3 concerned from taking alternative enforcement action 

4 prior to the expiration of 30 days. 

5 (5) If a claim holder, license holder, lease holder, or 

6 operator (or any person who controls the claim holder, li7 cense holder, lease holder, or operator) fails to abate a 

8 violation or defaults on the terms of the permit, the Sec9 retary concerned shall forfeit the financial assurance for 

10 the plan as necessary to ensure abatement and reclama11 tion under this Act. The Secretary concerned may pre12 scribe conditions under which a surety may perform rec13 lamation in accordance with the approved plan in lieu of 

14 forfeiture. 

15 (6) The Secretary concerned shall not cause for16 feiture of the financial assurance while administrative or 

17 judicial review is pending. 

18 (7) In the event of forfeiture, the claim holder, license 

19 holder, lease holder, operator, or any affiliate thereof, as 

20 appropriate as determined by the Secretary by rule, shall 

21 be jointly and severally liable for any remaining reclama22 tion obligations under this Act. 

23 (b) COMPLIANCE.—The Secretary concerned may re24 quest the Attorney General to institute a civil action for 

25 relief, including a permanent or temporary injunction or 


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1 restraining order, or any other appropriate enforcement 

2 order, including the imposition of civil penalties, in the dis3 trict court of the United States for the district in which 

4 the mineral activities are located whenever a person— 

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

6 order issued by the Secretary concerned under sub7 section (a); or 

8 (2) interferes with, hinders, or delays the Sec9 retary concerned in carrying out an inspection under 

10 section 403. 

11 Such court shall have jurisdiction to provide such relief 

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

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

14 in effect until the completion or final termination of all 

15 proceedings for review of such order unless the district 

16 court granting such relief sets it aside. 

17 (c) DELEGATION.—Notwithstanding any other provi18 sion of law, the Secretary may utilize personnel of the Of19 fice of Surface Mining Reclamation and Enforcement to 

20 ensure compliance with the requirements of this Act. 

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

22 with any requirement of a permit approved under this Act 

23 or any regulation issued by the Secretaries to implement 

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

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


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1 deemed a separate violation for purposes of penalty assess2 ments. 

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

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

5 within the period permitted for its correction shall be as6 sessed a civil penalty of not less than $1,000 per violation 

7 for each day during which such failure continues. 

8 (3) Whenever a corporation is in violation of a re9 quirement of a permit approved under this Act or any reg10 ulation issued by the Secretaries to implement this Act 

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

12 subsection (a), any director, officer, or agent of such cor13 poration who knowingly authorized, ordered, or carried 

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

15 the same penalties as may be imposed upon the person 

16 referred to in paragraph (1). 

17 (e) SUSPENSIONS OR REVOCATIONS.—The Secretary 

18 concerned shall suspend or revoke a permit issued under 

19 title II, in whole or in part, if the operator— 

20 (1) knowingly made or knowingly makes any 

21 false, inaccurate, or misleading material statement 

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

23 record, report, plan, or other document filed or re24 quired to be maintained under this Act; 


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1 (2) fails to abate a violation covered by a ces2 sation order issued under subsection (a); 

3 (3) fails to comply with an order of the Sec4 retary concerned; 

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

6 Act; 

7 (5) fails to maintain an adequate financial as8 surance under section 206; 

9 (6) fails to pay claim maintenance fees, rentals, 

10 or other moneys due and owing under this Act; or 

11 (7) with regard to plans conditionally approved 

12 under section 205(c)(2), fails to abate a violation to 

13 the satisfaction of the Secretary concerned, or if the 

14 validity of the violation is upheld on the appeal 

15 which formed the basis for the conditional approval. 

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

17 who knowingly— 

18 (1) makes any false material statement, rep19 resentation, or certification in, or omits or conceals 

20 material information from, or unlawfully alters, any 

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

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

23 be maintained under this Act; or 


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

2 or fails to install any monitoring device or method 

3 required to be maintained under this Act, 

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

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

6 years, or by both. If a conviction of a person is for a viola7 tion committed after a first conviction of such person 

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

9 not more than $20,000 per day of violation, or by impris10 onment of not more than 4 years, or both. Each day of 

11 continuing violation may be deemed a separate violation 

12 for purposes of penalty assessments. 

13 (g) KNOWING VIOLATIONS.—Any person who know14 ingly— 

15 (1) engages in mineral activities without a per16 mit required under title II; or 

17 (2) violates any other requirement of a permit 

18 issued under this Act, or any condition or limitation 

19 thereof, 

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

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

22 or by imprisonment for not more than 3 years, or both. 

23 If a conviction of a person is for a violation committed 

24 after the first conviction of such person under this sub25 section, punishment shall be a fine of not less than 


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1 $10,000 per day of violation, or by imprisonment of not 

2 more than 6 years, or both. 

3 (h) KNOWING AND WILLFUL VIOLATIONS.—Any per4 son who knowingly and willfully commits an act for which 

5 a civil penalty is provided in paragraph (1) of subsection 

6 (g) shall, upon conviction, be punished by a fine of not 

7 more than $50,000, or by imprisonment for not more than 

8 2 years, or both. 

9 (i) DEFINITION.—For purposes of this section, the 

10 term ‘‘person’’ includes any officer, agent, or employee of 

11 a person. 

12 SEC. 407. REGULATIONS. 

13 The Secretary and the Secretary of Agriculture shall 

14 issue such regulations as are necessary to implement this 

15 Act. The regulations implementing titles II and III and 

16 this title that affect the Forest Service shall be joint regu17 lations issued by both Secretaries, and shall be issued no 

18 later than 180 days after the date of enactment of this 

19 Act. 

20 SEC. 408. OIL SHALE CLAIMS. 

21 Section 2511(f) of the Energy Policy Act of 1992 (30 

22 U.S.C. 242(f) Public Law 102–486) is amended— 

23 (1) by striking ‘‘as prescribed by the Sec24 retary’’; and 


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1 (2) by inserting before the period the following: 

2 ‘‘in the same manner as required by title II of the 

3 Hardrock Leasing and Reclamation Act of 2018’’. 

4 SEC. 409. SAVINGS CLAUSE. 

5 (a) SPECIAL APPLICATION OF MINING LAWS.—Noth6 ing in this Act shall be construed as repealing or modi7 fying any Federal law, regulation, order, or land use plan, 

8 in effect prior to the date of enactment of this Act that 

9 prohibits or restricts the application of the general mining 

10 laws, including laws that provide for special management 

11 criteria for operations under the general mining laws as 

12 in effect prior to the date of enactment of this Act, to 

13 the extent such laws provide for protection of natural and 

14 cultural resources and the environment greater than re15 quired under this Act, and any such prior law shall remain 

16 in force and effect with respect to claims converted to 

17 leases under this Act. Nothing in this Act shall be con18 strued as applying to or limiting mineral investigations, 

19 studies, or other mineral activities conducted by any Fed20 eral or State agency acting in its governmental capacity 

21 pursuant to other authority. Nothing in this Act shall af22 fect or limit any assessment, investigation, evaluation, or 

23 listing pursuant to the Comprehensive Environmental Re24 sponse, Compensation, and Liability Act of 1980 (42 


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1 U.S.C. 9601 et seq.), or the Solid Waste Disposal Act (42 

2 U.S.C. 3251 et seq.). 

3 (b) EFFECT ON OTHER FEDERAL LAWS.—The provi4 sions of this Act shall supersede the general mining laws. 

5 Except for the general mining laws, nothing in this Act 

6 shall be construed as superseding, modifying, amending, 

7 or repealing any provision of Federal law not expressly 

8 superseded, modified, amended, or repealed by this Act. 

9 Nothing in this Act shall be construed as altering, affect10 ing, amending, modifying, or changing, directly or indi11 rectly, any law which refers to and provides authorities 

12 or responsibilities for, or is administered by, the Environ13 mental Protection Agency or the Administrator of the En14 vironmental Protection Agency, including the Federal 

15 Water Pollution Control Act, title XIV of the Public 

16 Health Service Act (the Safe Drinking Water Act), the 

17 Clean Air Act, the Pollution Prevention Act of 1990, the 

18 Toxic Substances Control Act, the Federal Insecticide, 

19 Fungicide, and Rodenticide Act, the Federal Food, Drug, 

20 and Cosmetic Act, the Motor Vehicle Information and 

21 Cost Savings Act, the Federal Hazardous Substances Act, 

22 the Endangered Species Act of 1973, the Atomic Energy 

23 Act, the Noise Control Act of 1972, the Solid Waste Dis24 posal Act, the Comprehensive Environmental Response, 

25 Compensation, and Liability Act of 1980, the Superfund 


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1 Amendments and Reauthorization Act of 1986, the Ocean 

2 Dumping Act, the Environmental Research, Development, 

3 and Demonstration Authorization Act, the Pollution Pros4 ecution Act of 1990, and the Federal Facilities Compli5 ance Act of 1992, or any statute containing an amend6 ment to any of such Acts. Nothing in this Act shall be 

7 construed as modifying or affecting any provision of the 

8 Native American Graves Protection and Repatriation Act 

9 (Public Law 101–601) or any provision of the American 

10 Indian Religious Freedom Act (42 U.S.C. 1996), the Na11 tional Historic Preservation Act (16 U.S.C. 470 et seq.), 

12 and the Religious Freedom Restoration Act of 1993 (42 

13 U.S.C. 2000bb et seq.). 

14 (c) SOVEREIGN IMMUNITY OF INDIAN TRIBES.— 

15 Nothing in this section shall be construed so as to waive 

16 the sovereign immunity of any Indian tribe. 

17 SEC. 410. AVAILABILITY OF PUBLIC RECORDS. 

18 Copies of records, reports, inspection materials, or in19 formation obtained by the Secretary or the Secretary of 

20 Agriculture under this Act shall be made immediately 

21 available to the public, consistent with section 552 of title 

22 5, United States Code, in central and sufficient locations 

23 in the county, multicounty, and State area of mineral ac24 tivity or reclamation so that such items are conveniently 


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1 available to residents in the area proposed or approved for 

2 mineral activities and on the Internet. 

3 SEC. 411. MISCELLANEOUS POWERS. 

4 (a) IN GENERAL.—In carrying out his or her duties 

5 under this Act, the Secretary concerned may conduct any 

6 investigation, inspection, or other inquiry necessary and 

7 appropriate and may conduct, after notice, any hearing 

8 or audit, necessary and appropriate to carrying out his 

9 or her duties. 

10 (b) ANCILLARY POWERS.—In connection with any 

11 hearing, inquiry, investigation, or audit under this Act, the 

12 Secretary, or for National Forest System lands the Sec13 retary of Agriculture, is authorized to take any of the fol14 lowing actions: 

15 (1) Require, by special or general order, any 

16 person to submit in writing such affidavits and an17 swers to questions as the Secretary concerned may 

18 reasonably prescribe, which submission shall be 

19 made within such reasonable period and under oath 

20 or otherwise, as may be necessary. 

21 (2) Administer oaths. 

22 (3) Require by subpoena the attendance and 

23 testimony of witnesses and the production of all 

24 books, papers, records, documents, matter, and ma25 terials, as such Secretary may request. 


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1 (4) Order testimony to be taken by deposition 

2 before any person who is designated by such Sec3 retary and who has the power to administer oaths, 

4 and to compel testimony and the production of evi5 dence in the same manner as authorized under para6 graph (3) of this subsection. 

7 (5) Pay witnesses the same fees and mileage as 

8 are paid in like circumstances in the courts of the 

9 United States. 

10 (c) ENFORCEMENT.—In cases of refusal to obey a 

11 subpoena served upon any person under this section, the 

12 district court of the United States for any district in which 

13 such person is found, resides, or transacts business, upon 

14 application by the Attorney General at the request of the 

15 Secretary concerned and after notice to such person, shall 

16 have jurisdiction to issue an order requiring such person 

17 to appear and produce documents before the Secretary 

18 concerned. Any failure to obey such order of the court may 

19 be punished by such court as contempt thereof and subject 

20 to a penalty of up to $10,000 a day. 

21 (d) ENTRY AND ACCESS.—Without advance notice 

22 and upon presentation of appropriate credentials, the Sec23 retary concerned or any authorized representative there24 of— 


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1 (1) shall have the right of entry to, upon, or 

2 through the site of any claim, license, lease, mineral 

3 activities, or any premises in which any records re4 quired to be maintained under this Act are located; 

5 (2) may at reasonable times, and without delay, 

6 have access to records, inspect any monitoring 

7 equipment, or review any method of operation re8 quired under this Act; 

9 (3) may engage in any work and do all things 

10 necessary or expedient to implement and administer 

11 the provisions of this Act; 

12 (4) may, on any mining claim, license, or lease 

13 maintained in compliance with this Act, and without 

14 advance notice, stop and inspect any motorized form 

15 of transportation that such Secretary has probable 

16 cause to believe is carrying hardrock minerals, con17 centrates, or products derived therefrom from a 

18 claim site for the purpose of determining whether 

19 the operator of such vehicle has documentation re20 lated to such hardrock minerals, concentrates, or 

21 products derived therefrom as required by law, if 

22 such documentation is required under this Act; and 

23 (5) may, if accompanied by any appropriate law 

24 enforcement officer, or an appropriate law enforce25 ment officer alone, stop and inspect any motorized 


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1 form of transportation which is not on a claim site 

2 if he or she has probable cause to believe such vehi3 cle is carrying hardrock minerals, concentrates, or 

4 products derived therefrom from a claim site, li5 cense, or lease on Federal lands or allocated to such 

6 claim site, license, or lease. Such inspection shall be 

7 for the purpose of determining whether the operator 

8 of such vehicle has the documentation required by 

9 law, if such documentation is required under this 

10 Act. 

11 SEC. 412. MINERAL MATERIALS. 

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

13 23, 1955 (30 U.S.C. 611), is amended— 

14 (1) by inserting ‘‘(a)’’ before the first sentence; 

15 (2) by inserting ‘‘mineral materials, including 

16 but not limited to’’ after ‘‘varieties of’’ in the first 

17 sentence; 

18 (3) by striking ‘‘or cinders’’ and inserting in 

19 lieu thereof ‘‘cinders, and clay’’; and 

20 (4) by adding the following new subsection at 

21 the end thereof: 

22 ‘‘(b)(1) Subject to valid existing rights, after the date 

23 of enactment of the Hardrock Leasing and Reclamation 

24 Act of 2018, notwithstanding the reference to common va25 rieties in subsection (a) and to the exception to such term 


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1 relating to a deposit of materials with some property giv2 ing it distinct and special value, all deposits of mineral 

3 materials referred to in such subsection, including the 

4 block pumice referred to in such subsection, shall be sub5 ject to disposal only under the terms and conditions of 

6 the Materials Act of 1947. 

7 ‘‘(2) For purposes of paragraph (1), the term ‘valid 

8 existing rights’ means that a mining claim located for any 

9 such mineral material— 

10 ‘‘(A) had and still has some property giving it 

11 the distinct and special value referred to in sub12 section (a), or as the case may be, met the definition 

13 of block pumice referred to in such subsection; 

14 ‘‘(B) was properly located and maintained 

15 under the general mining laws prior to the date of 

16 enactment of the Hardrock Leasing and Reclama17 tion Act of 2018; and 

18 ‘‘(C) was supported by a discovery of a valuable 

19 mineral deposit within the meaning of the general 

20 mining laws as in effect immediately prior to the 

21 date of enactment of the Hardrock Leasing and Rec22 lamation Act of 2018.’’. 

23 (b) MINERAL MATERIALS DISPOSAL CLARIFICA24 TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C. 

25 612), is amended— 


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1 (1) in subsection (b) by inserting ‘‘and mineral 

2 material’’ after ‘‘vegetative’’; and 

3 (2) in subsection (c) by inserting ‘‘and mineral 

4 material’’ after ‘‘vegetative’’. 

5 (c) CONFORMING AMENDMENT.—Section 1 of the 

6 Act of July 31, 1947, entitled ‘‘An Act to provide for the 

7 disposal of materials on the public lands of the United 

8 States’’ (30 U.S.C. 601 et seq.) is amended by striking 

9 ‘‘common varieties of’’ in the first sentence. 

10 (d) SHORT TITLES.— 

11 (1) SURFACE RESOURCES.—The Act of July 

12 23, 1955, is amended by inserting after section 7 

13 the following new section: 

14 ‘‘SEC. 8. This Act may be cited as the ‘Surface Re15 sources Act of 1955’.’’. 

16 (2) MINERAL MATERIALS.—The Act of July 31, 

17 1947, entitled ‘‘An Act to provide for the disposal of 

18 materials on the public lands of the United States’’ 

19 (30 U.S.C. 601 et seq.) is amended by inserting 

20 after section 4 the following new section: 

21 ‘‘SEC. 5. This Act may be cited as the ‘Materials Act 

22 of 1947’.’’. 

23 (e) REPEALS.—(1) Subject to valid existing rights, 

24 the Act of August 4, 1892 (chapter 375; 27 Stat. 348; 


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1 30 U.S.C. 161), commonly known as the Building Stone 

2 Act, is hereby repealed. 

3 (2) Subject to valid existing rights, the Act of Janu4 ary 31, 1901 (chapter 186; 31 Stat. 745; 30 U.S.C. 162), 

5 commonly known as the Saline Placer Act, is hereby re6 pealed. 

7 SEC. 413. EFFECTIVE DATE. 

8 This Act shall take effect on the date of enactment 

9 of this Act, except as otherwise provided in this Act. 

Æ 


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