II 

117TH CONGRESS 

2D SESSION S. 4083 

To modify the requirements applicable to locatable minerals on public domain 

land, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2022 

Mr. HEINRICH (for himself, Mr. BENNET, Mr. MERKLEY, Mr. LUJA ́N, Mr. 

BOOKER, Mr. WYDEN, and Mr. MARKEY) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To modify the requirements applicable to locatable minerals 

on public domain land, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Clean Energy Minerals Reform Act of 2022’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—LOCATABLE MINERAL DEPOSITS 


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Sec. 101. Limitation on patents. 

Sec. 102. Fees. 

Sec. 103. Limitations. 

TITLE II—ROYALTIES 

Sec. 201. Royalty. 

Sec. 202. Royalty relief. 

Sec. 203. Enforcement. 

Sec. 204. Review. 

TITLE III—MINERAL ACTIVITIES 

Sec. 301. Permits. 

Sec. 302. Exploration permits. 

Sec. 303. Mining permits. 

Sec. 304. Financial assurances. 

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

Sec. 306. Operation and reclamation. 

Sec. 307. Land open to location. 

Sec. 308. State law. 

Sec. 309. Inspection and monitoring. 

Sec. 310. Tribal consultation. 

TITLE IV—HARDROCK MINERALS RECLAMATION FUND 

Sec. 401. Establishment of Fund. 

Sec. 402. Abandoned mine land reclamation fee. 

TITLE V—TRANSITION RULES, ADMINISTRATIVE PROVISIONS, 

AND MISCELLANEOUS PROVISIONS 

Sec. 501. Transition rules. 

Sec. 502. Enforcement. 

Sec. 503. Judicial review. 

Sec. 504. Uncommon varieties. 

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

Sec. 506. Effect. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 any person that applies for— 

5 (A) a permit under this Act; or 

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

7 permit issued under this Act. 


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1 (2) BENEFICIATION.—The term ‘‘beneficiation’’ 

2 means— 

3 (A) the crushing and grinding of locatable 

4 mineral ore; and 

5 (B) any processes that are employed to 

6 free the mineral from other constituents, includ7 ing physical and chemical separation tech8 niques. 

9 (3) CASUAL USE.— 

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

11 means mineral activities that ordinarily result 

12 in no or negligible disturbance of Federal land 

13 or resources. 

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

15 includes the collection of geochemical, rock, soil, 

16 or mineral specimens using hand tools, hand 

17 panning, or nonmotorized sluicing. 

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

19 does not include— 

20 (i) the use of mechanized earth-mov21 ing equipment, suction dredging, or explo22 sives; 

23 (ii) the use of motor vehicles in areas 

24 closed to off-road vehicles; 


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1 (iii) the construction of roads or drill 

2 pads; or 

3 (iv) the use of toxic or hazardous ma4 terials or explosives. 

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

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

7 tunnel site that is— 

8 (A) located under the general mining laws; 

9 and 

10 (B) maintained in compliance with the 

11 general mining laws and this Act. 

12 (5) CONTROL.—The term ‘‘control’’ means hav13 ing the ability to determine the manner in which an 

14 entity conducts mineral activities. 

15 (6) EXPLORATION.— 

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

17 means creating a surface disturbance (other 

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

19 quantity, or quality of minerals present. 

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

21 includes mineral activities associated with sam22 pling, drilling, or developing surface or under23 ground workings to evaluate locatable mineral 

24 values. 


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1 (C) EXCLUSIONS.—The term ‘‘explo2 ration’’ does not include the extraction of min3 eral material for commercial use or sale. 

4 (7) FEDERAL LAND.—The term ‘‘Federal land’’ 

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

6 (A) owned by the United States; and 

7 (B) open to location of mining claims 

8 under the general mining laws and this Act. 

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

10 Hardrock Minerals Reclamation Fund established by 

11 section 401(a). 

12 (9) HARDROCK MINERAL.—The term ‘‘hardrock 

13 mineral’’ has the meaning given the term ‘‘locatable 

14 mineral’’ except that— 

15 (A) legal and beneficial title to the mineral 

16 need not be held by the United States; and 

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

18 this paragraph. 

19 (10) INDIAN LAND.—The term ‘‘Indian land’’ 

20 means land that is— 

21 (A) held in trust for the benefit of an In22 dian Tribe or member of an Indian Tribe; or 

23 (B) held by an Indian Tribe or member of 

24 an Indian Tribe, subject to a restriction by the 

25 United States against alienation. 


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1 (11) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

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

3 Indian Self-Determination and Education Assistance 

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

5 (12) LOCATABLE MINERAL.— 

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

7 mineral’’ means any mineral— 

8 (i) the legal and beneficial title to 

9 which remains in the United States; and 

10 (ii) that is not subject to disposition 

11 under— 

12 (I) the Mineral Leasing Act (30 

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

14 (II) the Geothermal Steam Act of 

15 1970 (30 U.S.C. 1001 et seq.); 

16 (III) the Act of July 31, 1947 

17 (commonly known as the ‘‘Materials 

18 Act of 1947’’) (30 U.S.C. 601 et 

19 seq.); or 

20 (IV) the Act of August 7, 1947 

21 (commonly known as the ‘‘Mineral 

22 Leasing Act for Acquired Lands’’) (30 

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

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

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


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1 (i) subject to a restriction against 

2 alienation imposed by the United States; 

3 and 

4 (ii) held in trust by the United States 

5 for, or owned by, any Indian Tribe or 

6 member of an Indian Tribe, as defined in 

7 section 2 of the Indian Mineral Develop8 ment Act of 1982 (25 U.S.C. 2101). 

9 (13) MINERAL ACTIVITY.—The term ‘‘mineral 

10 activity’’ means any activity on a mining claim, mill11 site, or tunnel site, or Federal land used in conjunc12 tion with the activity, for, relating to, or incidental 

13 to, mineral exploration, mining, beneficiation, proc14 essing, or reclamation activities for any locatable 

15 mineral. 

16 (14) OPERATOR.—The term ‘‘operator’’ 

17 means— 

18 (A) any person proposing, or authorized by 

19 a permit, to conduct mineral activities under 

20 this Act; and 

21 (B) any agent of a person described in 

22 subparagraph (A). 

23 (15) PERSON.—The term ‘‘person’’ means— 

24 (A) an individual, Indian Tribe, partner25 ship, association, society, joint venture, joint 


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1 stock company, firm, company, corporation, co2 operative, trust, consortium, or other organiza3 tion; and 

4 (B) any instrumentality of a State or local 

5 government, including any publicly owned util6 ity or publicly owned corporation of a State or 

7 local government. 

8 (16) PROCESSING.— 

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

10 means processes downstream of beneficiation 

11 used to prepare locatable mineral ore into the 

12 final marketable product. 

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

14 includes smelting and electrolytic refining. 

15 (17) SECRETARY.—The term ‘‘Secretary’’ 

16 means the Secretary of the Interior. 

17 (18) SECRETARY CONCERNED.—The term 

18 ‘‘Secretary concerned’’ means— 

19 (A) the Secretary of Agriculture (acting 

20 through the Chief of the Forest Service), with 

21 respect to National Forest System land; and 

22 (B) the Secretary of the Interior (acting 

23 through the Director of the Bureau of Land 

24 Management), with respect to land managed by 


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1 the Bureau of Land Management or other Fed2 eral land. 

3 (19) TEMPORARY CESSATION.—The term ‘‘tem4 porary cessation’’ means a halt in mine related pro5 duction activities for a continuous period of not 

6 longer than 5 years. 

7 (20) UNDUE DEGRADATION.—The term ‘‘undue 

8 degradation’’ means substantial irreparable harm to 

9 significant scientific, cultural, or environmental re10 sources on public land. 

11 TITLE I—LOCATABLE MINERAL 

12 DEPOSITS 

13 SEC. 101. LIMITATION ON PATENTS. 

14 (a) DETERMINATIONS REQUIRED.—No patent shall 

15 be issued by the United States for any mining claim, mill16 site, or tunnel site located under the general mining laws 

17 unless the Secretary determines that— 

18 (1) a patent application was filed with the Sec19 retary with respect to the claim not later than Sep20 tember 30, 1994; and 

21 (2) all requirements applicable to the patent ap22 plication under law were fully complied with by the 

23 date described in paragraph (1). 

24 (b) RIGHT TO PATENT.— 


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

2 and notwithstanding subsection (c), if the Secretary 

3 makes the determinations under paragraphs (1) and 

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

5 millsite, or tunnel site, the claim holder shall be enti6 tled to the issuance of a patent in the same manner 

7 and degree to which the claim holder would have 

8 been entitled to a patent before the date of enact9 ment of this Act. 

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

11 be entitled to the issuance of a patent if the deter12 minations under paragraphs (1) and (2) of sub13 section (a) are withdrawn or invalidated by the Sec14 retary or, on review, by a court of the United States. 

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

16 (30 U.S.C. 29) is repealed. 

17 SEC. 102. FEES. 

18 (a) CLAIM MAINTENANCE FEES.— 

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

20 2023, and each August 31 thereafter, the holder of 

21 each unpatented mining claim, millsite, or tunnel 

22 site shall pay to the Secretary a maintenance fee of 

23 $200 for each claim, millsite, or tunnel site. 

24 (2) REQUIREMENTS.—The maintenance fees re25 quired under paragraph (1) shall be in lieu of— 


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1 (A) the assessment work requirements 

2 under the general mining laws; and 

3 (B) the related filing requirements under 

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

5 Federal Land Policy and Management Act of 

6 1976 (43 U.S.C. 1744). 

7 (3) TIMING OF INITIAL PAYMENT.—Notwith8 standing paragraph (1), the maintenance fee payable 

9 for the initial assessment year in which the location 

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

11 is recorded with the Bureau of Land Management. 

12 (4) CLAIM RELOCATION.— 

13 (A) DEFINITION OF RELATED PARTY.—In 

14 this paragraph and paragraph (5), the term 

15 ‘‘related party’’ means— 

16 (i) the spouse and qualifying child (as 

17 defined in section 152 of the Internal Rev18 enue Code of 1986) of the claim holder; 

19 and 

20 (ii) a person affiliated with the claim 

21 holder, including— 

22 (I) a person controlled by, con23 trolling, or under common control 

24 with, the claim holder; or 


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1 (II) a subsidiary, parent com2 pany, partner, director, or officer of 

3 the claim holder. 

4 (B) LIMITS ON RELOCATION.— 

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

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

7 may be relocated by a person or related 

8 party if the person or related party held 

9 the claim or site and subsequently relin10 quished the claim or site or allowed the 

11 claim or site to become null and void. 

12 (ii) DURATION.—The prohibition on 

13 relocation shall extend for a period of 10 

14 years beginning on the date the claim or 

15 site was relinquished or became null and 

16 void. 

17 (5) WAIVER.—The maintenance fee required 

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

19 holder who certifies in writing to the Secretary that 

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

21 holder and all related parties— 

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

23 millsites, tunnel sites, or any combination of 

24 claims and sites on Federal land; and 


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1 (B) can demonstrate that the claim holder 

2 and all related parties have performed assess3 ment work required under section 2324 of the 

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

5 the mining claims and sites held by the claim 

6 holder and all related parties for the assessment 

7 year ending on noon of September 1 of the cal8 endar year in which payment of the mainte9 nance fee was due. 

10 (6) ADJUSTMENT.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B), beginning on the date that is 5 

13 years after the date of enactment of this Act 

14 and every 5 years thereafter, the Secretary shall 

15 adjust the amount of maintenance fees required 

16 under paragraph (1) to reflect changes in the 

17 Consumer Price Index for all urban consumers 

18 published by the Department of Labor. 

19 (B) MORE FREQUENT ADJUSTMENTS.— 

20 The Secretary may adjust the amount of the 

21 maintenance fees more frequently than specified 

22 in subparagraph (A) to reflect changes in the 

23 Consumer Price Index for all urban consumers 

24 published by the Department of Labor if the 


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1 Secretary determines an adjustment to be rea2 sonable. 

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

4 year in which an adjustment is made under this 

5 paragraph, the Secretary shall provide claim 

6 holders notice of the adjustment. 

7 (D) APPLICATION.—An adjustment under 

8 this paragraph shall apply beginning in the first 

9 calendar year after the calendar year in which 

10 the adjustment is made. 

11 (7) APPLICABLE LAW.—The co-ownership pro12 visions of section 2324 of the Revised Statutes (30 

13 U.S.C. 28) shall remain in effect, except that the an14 nual maintenance fee, as applicable, shall replace ap15 plicable assessment requirements and expenditures. 

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

17 performance of required assessment work or pay18 ment of the maintenance fee under this subsection 

19 satisfies any obligation the claim holder has under 

20 the pedis possessio doctrine for any claim properly 

21 located in accordance with the general mining laws 

22 and applicable State law. 

23 (b) LOCATION FEES.— 

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

25 and notwithstanding any other provision of law, for 


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1 each unpatented mining claim, millsite, or tunnel 

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

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

4 recorded with the Bureau of Land Management, pay 

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

6 for each location notice recorded with the Bureau of 

7 Land Management. 

8 (2) ADJUSTMENT.— 

9 (A) IN GENERAL.—Subject to subpara10 graph (B), beginning on the date that is 5 

11 years after the date of enactment of this Act 

12 and every 5 years thereafter, the Secretary shall 

13 adjust the amount of location fees required 

14 under paragraph (1) to reflect changes in the 

15 Consumer Price Index for all urban consumers 

16 published by the Department of Labor. 

17 (B) MORE FREQUENT ADJUSTMENTS.— 

18 The Secretary may adjust the amount of the lo19 cation fees more frequently than specified in 

20 subparagraph (A) to reflect changes in the Con21 sumer Price Index for all urban consumers pub22 lished by the Department of Labor if the Sec23 retary determines an adjustment to be reason24 able. 


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

2 year in which an adjustment is made under this 

3 paragraph, the Secretary shall provide claim 

4 holders notice of the adjustment. 

5 (D) APPLICATION.—An adjustment under 

6 this paragraph shall apply beginning in the first 

7 calendar year after the calendar year in which 

8 the adjustment is made. 

9 (3) EFFECT ON MAINTENANCE FEE.—The loca10 tion fee required under paragraph (1) shall be in ad11 dition to the maintenance fee required under sub12 section (a). 

13 (c) DISPOSITION OF FUNDS.— 

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

15 this section shall be used to pay the costs of admin16 istering program operations under sections 2318 

17 through 2352 of the Revised Statutes (commonly 

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

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

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

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

22 year shall be deposited in the Fund. 

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

24 changes or modifies— 


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

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

3 or 

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

5 314 of the Federal Land Policy and Management 

6 Act of 1976 (43 U.S.C. 1744) relating to filings re7 quired by subsection (b) of that section. 

8 (e) AMENDMENT TO REVISED STATUTES.—Section 

9 2324 of the Revised Statutes (30 U.S.C. 28) is amended 

10 by inserting ‘‘or section 102(a)(5) of the Clean Energy 

11 Minerals Reform Act of 2022’’ after ‘‘Omnibus Budget 

12 Reconciliation Act of 1993’’. 

13 SEC. 103. LIMITATIONS. 

14 (a) FAILURE TO COMPLY.— 

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

16 holder to perform assessment work or to pay a 

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

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

19 timely notice of location shall— 

20 (A) conclusively constitute a forfeiture of 

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

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

23 operation of law. 

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

25 shall not relieve any person of any obligation under 


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1 this Act and applicable regulations, including rec2 lamation, and other applicable law. 

3 (b) RELINQUISHMENT.— 

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

5 to pursue mineral activities on a mining claim, mill6 site, or tunnel site, may relinquish the claim or site 

7 by notifying the Secretary of the intent to relinquish 

8 the claim or site. 

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

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

11 shall be responsible for any obligation under this Act 

12 and applicable regulations, including reclamation, 

13 and other applicable law. 

14 (c) USE OF MINING CLAIM.— 

15 (1) IN GENERAL.—The continued use, occu16 pancy, and retention of any mining claim, millsite, 

17 or tunnel site subject to this Act shall be exclusively 

18 for mineral activities as authorized under this Act. 

19 (2) FAILURE TO USE FOR MINERAL ACTIVI20 TIES.—If the claim holder cannot demonstrate to 

21 the Secretary that the mining claim, millsite, or tun22 nel site has been used exclusively for mineral activi23 ties, the Secretary shall declare the claim, millsite, 

24 or tunnel site null and void. 


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1 TITLE II—ROYALTIES 

2 SEC. 201. ROYALTY. 

3 (a) IN GENERAL.—Subject to subsection (c) and sec4 tion 202, production of all locatable minerals from any 

5 mining claim located under the general mining laws and 

6 maintained in compliance with this Act shall be subject 

7 to a royalty established by the Secretary by regulation of 

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

9 the gross income from mining for production of all 

10 locatable minerals. 

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

12 a reasonable royalty rate for each locatable mineral sub13 ject to a royalty under this section that may vary based 

14 on the locatable mineral concerned. 

15 (c) NO ROYALTY FOR FEDERAL LAND SUBJECT TO

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

17 be required for production on Federal land that— 

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

19 or an operations permit on the date of the enact20 ment of this Act; and 

21 (2) produces valuable locatable minerals in com22 mercial quantities on the date of enactment of this 

23 Act. 

24 (d) FEDERAL LAND NOT SUBJECT TO EXISTING OP25 ERATIONS PERMIT.—Production from any Federal land 


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1 not specifically approved for mineral extraction under a 

2 plan of operations or an operations permit in existence on 

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

4 royalty described in subsection (a). 

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

6 States as royalties under this section shall be deposited 

7 in the Fund. 

8 SEC. 202. ROYALTY RELIEF. 

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

10 to promote the greatest ultimate recovery pursuant to a 

11 mining permit or a plan of operations under which produc12 tion in commercial quantities has occurred and in the in13 terest of conservation of natural resources, the Secretary 

14 may reduce any royalty otherwise required for all or part 

15 of a mining operation, on a showing by clear and con16 vincing evidence by the person conducting mineral activi17 ties under the operations or mining permit or plan of oper18 ations that, without the reduction in royalty, production 

19 would not occur. 

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

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

22 days after the date on which the Secretary— 

23 (1) publishes public notice of the royalty reduc24 tion; and 


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1 (2) submits to the Committee on Energy and 

2 Natural Resources of the Senate and the Committee 

3 on Natural Resources of the House of Representa4 tives notice and a statement of the reasons for 

5 granting the royalty reduction. 

6 SEC. 203. ENFORCEMENT. 

7 (a) DUTIES OF THE SECRETARY.— 

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

9 a comprehensive inspection, collection, fiscal, and 

10 production accounting and auditing system— 

11 (A) to accurately determine royalties, in12 terest, fines, penalties, fees, deposits, and other 

13 payments owed under this title and section 402; 

14 and 

15 (B) to collect and account for such pay16 ments in a timely manner. 

17 (2) INSPECTIONS.—The Secretary shall estab18 lish procedures to ensure that authorized and prop19 erly identified representatives of the Secretary will 

20 inspect at least once annually each mining claim 

21 that— 

22 (A) is producing or expected to produce a 

23 significant quantity of locatable minerals in any 

24 year; or 


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1 (B) has a history of noncompliance with 

2 this Act. 

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

4 TRANSPORTERS.— 

5 (1) PAYMENT OF ROYALTIES.— 

6 (A) IN GENERAL.—A person who is re7 quired to make any royalty or other payment 

8 under this title or section 402 shall make pay9 ment to the United States at such times and in 

10 such manner as the Secretary may by rule pre11 scribe. 

12 (B) LIABILITY FOR PAYMENTS.— 

13 (i) DESIGNEES.—Any person who 

14 pays, offsets, or credits funds, makes ad15 justments, requests and receives refunds, 

16 or submits reports with respect to pay17 ments another person is required to make 

18 shall be considered the designee of the 

19 other person under this title or section 

20 402. 

21 (ii) LIABILITY.—A designee shall be 

22 liable for any payment obligation under 

23 this title or section 402 of any person on 

24 whose behalf the designee undertakes the 

25 activities described in clause (i). 


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1 (iii) PRO RATA SHARE.—The person 

2 owning an interest in a claim, millsite, or 

3 tunnel site, or production from the claim 

4 or site, shall be liable for the pro rata 

5 share of the person of payment obligations 

6 under this title or section 402. 

7 (2) SITE SECURITY.— 

8 (A) IN GENERAL.—A person conducting 

9 mineral activities shall develop and comply with 

10 the site security provisions in the mining permit 

11 designed to protect from theft the locatable 

12 minerals that are produced or stored on a min13 ing claim. 

14 (B) MINIMUM STANDARDS.—The provi15 sions shall conform with such minimum stand16 ards as the Secretary may prescribe by rule, 

17 taking into account the variety of circumstances 

18 on mining claims. 

19 (C) NOTIFICATION OF COMMENCEMENT OR

20 RESUMPTION OF PRODUCTION.—Not later than 

21 the fifth business day after production begins in 

22 any place on a mining claim or production re23 sumes after more than 90 days after production 

24 ceased or was suspended, the person conducting 

25 mineral activities shall notify the Secretary, in 


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1 the manner prescribed by the Secretary, of the 

2 date on which the production has begun or re3 sumed. 

4 (c) RECORDKEEPING AND REPORTING REQUIRE5 MENTS.— 

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

7 other person directly or indirectly involved in devel8 oping, producing, processing, transporting, pur9 chasing, or selling locatable or hardrock minerals, 

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

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

12 of smelting or other processing, whichever is later, 

13 shall establish and maintain any records, make any 

14 reports, and provide any information that the Sec15 retary may reasonably require for the purposes of 

16 implementing this title or section 402 or determining 

17 compliance with rules or orders under this title or 

18 section 402. 

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

20 employee duly designated by the Secretary con21 ducting an audit or investigation pursuant to this 

22 section, the appropriate records, reports, or informa23 tion that may be required by this section shall be 

24 made available for inspection and duplication by the 

25 officer or employee. 


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1 (3) DURATION OF RECORDKEEPING REQUIRE2 MENT.— 

3 (A) IN GENERAL.—Records required by 

4 the Secretary under this section shall be main5 tained for 7 years after the records are gen6 erated or amended unless the Secretary notifies 

7 the claim holder, operator, other person re8 ferred to in paragraph (1), or record holder 

9 that the Secretary has initiated an audit or in10 vestigation involving the records and that the 

11 records must be maintained for a longer period. 

12 (B) ONGOING AUDIT OR INVESTIGATION.— 

13 In any case in which an audit or investigation 

14 is underway, records shall be maintained until 

15 the Secretary releases the claim holder, oper16 ator, other person referred to in paragraph (1), 

17 or record holder subject to the recordkeeping 

18 and requirements of this Act of the obligation 

19 to maintain the records. 

20 (d) AUDITS.—The Secretary may conduct such au21 dits of all claim holders, operators, producers, trans22 porters, purchasers, processors, or other persons directly 

23 or indirectly involved in the production or sales of 

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

25 Secretary considers necessary for the purposes of ensuring 


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1 compliance with the requirements of this title or section 

2 402. 

3 (e) COOPERATIVE AGREEMENTS.— 

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

5 into cooperative agreements with the Secretary of 

6 Agriculture— 

7 (A) to share information concerning the 

8 royalty management of locatable minerals; 

9 (B) to carry out inspection, auditing, in10 vestigation, or enforcement (not including the 

11 collection of royalties, civil or criminal penalties, 

12 or other payments) activities under this section 

13 in cooperation with the Secretary; and 

14 (C) to carry out any other activity de15 scribed in this section. 

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

17 pursuant to a cooperative agreement, the Secretary 

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

19 royalty or fee accounting information in the posses20 sion of the Secretary relating to the production, re21 moval, or sale of locatable minerals from claims on 

22 Federal land. 

23 (3) CONFIDENTIAL INFORMATION.— 

24 (A) IN GENERAL.—Trade secrets, propri25 etary information, and other confidential inforVerDate Sep 11 2014 21:08 Apr 27, 2022 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S4083.IS S4083

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1 mation protected from disclosure under section 

2 552 of title 5, United States Code (commonly 

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

4 shall be made available by the Secretary to 

5 other Federal agencies as necessary to ensure 

6 compliance with this Act and other Federal 

7 laws. 

8 (B) PROTECTION BY OTHER FEDERAL OF9 FICIALS.—The Secretary, the Secretary of Agri10 culture, and other Federal officials shall ensure 

11 that information described in subparagraph (A) 

12 is provided protection in accordance with sec13 tion 552 of title 5, United States Code. 

14 (f) INTEREST.— 

15 (1) DEFINITION OF UNDERPAYMENT.—In this 

16 subsection, the term ‘‘underpayment’’ means the dif17 ference between the royalty on the value of the pro18 duction or the fee under section 402 that should 

19 have been received by the Secretary and the royalty 

20 on the value of the production or the fee under sec21 tion 402 that was received by the Secretary, if the 

22 royalty or fee that should have been received is 

23 greater than the royalty or fee that was received. 

24 (2) NONPAYMENT AND UNDERPAYMENT.— 


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

2 claims or operations with respect to which roy3 alty payments or the fee under section 402 are 

4 not received by the Secretary by the date that 

5 the payments are due, the Secretary shall 

6 charge interest on the nonpayment at the rate 

7 specified under subparagraph (C). 

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

9 underpayment, interest shall be computed and 

10 charged only on the amount of the deficiency 

11 and not on the total amount, at the rate speci12 fied under subparagraph (C). 

13 (C) INTEREST RATE.—In the case of non14 payment or underpayment, interest shall be 

15 charged at the rate applicable under section 

16 6621(a)(2) of the Internal Revenue Code of 

17 1986. 

18 (g) EXPANDED ROYALTY OBLIGATIONS.—Each per19 son liable for royalty payments under this section shall 

20 be jointly and severally liable for royalty on all locatable 

21 minerals lost or wasted from a mining claim located under 

22 the general mining laws and maintained in compliance 

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

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


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1 with any rule, regulation, or order issued under this sec2 tion. 

3 (h) HEARINGS AND INVESTIGATIONS.—In carrying 

4 out this title and section 402, the Secretary may— 

5 (1) conduct any investigation or other inquiry 

6 necessary and appropriate; 

7 (2) conduct, after notice, any necessary and ap8 propriate hearing or audit under rules prescribed by 

9 the Secretary; and 

10 (3) administer oaths and issue subpoenas in 

11 conducting such proceedings. 

12 (i) CIVIL PENALTIES.— 

13 (1) FAILURE TO COMPLY WITH APPLICABLE

14 LAW, RULES OR REGULATIONS, OR TO PERMIT IN15 SPECTION.— 

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

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

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

19 day the violation continues, dating from the 

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

21 (i) after due notice of violation or 

22 after the violation has been reported under 

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

24 comply with any requirement of this title 


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1 or section 402 or any rule or regulation 

2 under this title or section 402; or 

3 (ii) fails or refuses to permit inspec4 tion authorized under this title. 

5 (B) EXCEPTIONS.—A penalty under this 

6 paragraph may not be applied to any person 

7 who is otherwise liable for a violation of sub8 paragraph (A) if— 

9 (i) the violation was discovered and 

10 reported to the Secretary or the authorized 

11 representative of the Secretary by the lia12 ble person and corrected within 20 days 

13 after the report (or such longer period to 

14 which the Secretary may agree); or 

15 (ii) after the due notice of violation 

16 required under subparagraph (A)(i) has 

17 been given to the person by the Secretary 

18 or the authorized representative of the Sec19 retary, the person has corrected the viola20 tion within 20 days of the notification (or 

21 such longer period to which the Secretary 

22 may agree). 

23 (2) FAILURE TO TAKE CORRECTIVE ACTION.— 

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

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


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1 after due notice or submission of a report referred 

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

3 for a civil penalty of not more than $5,000 per viola4 tion for each day the violation continues, dating 

5 from the date of the notice or report. 

6 (3) FAILURE TO MAKE PAYMENT OR TO PERMIT

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

8 shall be liable for a penalty of up to $10,000 per vio9 lation for each day the violation continues if the per10 son— 

11 (A) knowingly or willfully fails to make 

12 any payment of any royalty under this title or 

13 fee under section 402 by the date as specified 

14 by law (including regulation or order); 

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

16 inspection, or audit; or 

17 (C) knowingly or willfully fails to comply 

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

19 (4) FALSE INFORMATION; UNAUTHORIZED RE20 MOVAL OF LOCATABLE MINERAL.—A person shall be 

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

22 for each day the violation continues in any case in 

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

24 402— 


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1 (A) knowingly or willfully prepares, main2 tains, or submits false, inaccurate, or mis3 leading reports, notices, affidavits, records, 

4 data, or other written information; 

5 (B) knowingly or willfully takes or re6 moves, transports, uses or diverts any locatable 

7 mineral from any land covered by a mining 

8 claim without having valid legal authority to do 

9 so; or 

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

11 conveys to another, any locatable mineral know12 ing or having reason to know that the locatable 

13 mineral was stolen or unlawfully removed or di14 verted. 

15 (5) HEARING.—No penalty under this sub16 section shall be assessed until the person charged 

17 with a violation has been given the opportunity for 

18 a hearing on the record. 

19 (6) DEDUCTION OF PENALTY FROM SUMS

20 OWED BY UNITED STATES.—The amount of any 

21 penalty under this subsection, as finally determined, 

22 may be deducted from any sums owed by the United 

23 States to the person charged. 

24 (7) COMPROMISE OR REDUCTION OF PEN25 ALTIES.—On a case-by-case basis, the Secretary 


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1 may compromise or reduce civil penalties under this 

2 subsection. 

3 (8) NOTICE.— 

4 (A) IN GENERAL.—Notice under this sub5 section shall be by personal service by an au6 thorized representative of the Secretary or by 

7 registered mail. 

8 (B) DESIGNEE FOR RECEIPT OF NO9 TICE.—Any person may, in the manner pre10 scribed by the Secretary, designate a represent11 ative to receive any notice under this sub12 section. 

13 (9) REASONS ON RECORD FOR AMOUNT OF

14 PENALTY.—In determining the amount of the pen15 alty under this subsection, whether the penalty 

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

17 the Secretary shall state on the record the reasons 

18 for the determinations of the Secretary. 

19 (10) REVIEW.— 

20 (A) IN GENERAL.—Any person who has re21 quested a hearing in accordance with paragraph 

22 (5) within the time the Secretary has prescribed 

23 for such a hearing and who is aggrieved by a 

24 final order of the Secretary under this sub25 section may seek review of the order in the 


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1 United States district court for the judicial dis2 trict in which the violation allegedly took place. 

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

4 district court shall be only on the administrative 

5 record and not de novo. 

6 (C) DEADLINE.—An action under this 

7 paragraph shall be barred unless the action is 

8 filed not later than the date that is 90 days 

9 after the date of issuance of the final order of 

10 the Secretary. 

11 (11) FAILURE TO PAY PENALTY.— 

12 (A) IN GENERAL.—Subject to subpara13 graphs (B) and (C), if any person fails to pay 

14 an assessment of a civil penalty under this Act, 

15 the court shall have jurisdiction to award the 

16 amount assessed plus interest from the date of 

17 the expiration of the 90-day period referred to 

18 in paragraph (10)(C). 

19 (B) APPLICATION.—Subparagraph (A) ap20 plies— 

21 (i) after the order making the assess22 ment has become a final order and if the 

23 person does not file a petition for judicial 

24 review of the order in accordance with 

25 paragraph (10); or 


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1 (ii) after a court in an action brought 

2 under paragraph (10) has entered a final 

3 judgment in favor of the Secretary. 

4 (C) ORDER TO PAY.—Judgment by the 

5 court shall include an order to pay. 

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

7 an act for which a civil penalty is provided under sub8 section (i)(4) shall, on conviction, be punished by a fine 

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

10 more than 2 years, or both. 

11 (k) EFFECTIVE DATE.— 

12 (1) IN GENERAL.—Except as provided in sec13 tion 201(b) with respect to the payment of royalties, 

14 the royalty required under section 201 or fee re15 quired under section 402 shall take effect with re16 spect to the production of minerals on or after the 

17 date of enactment of this Act. 

18 (2) INITIAL PRODUCTION.—Any royalty pay19 ments or fee payments under section 402 attrib20 utable to production during the 1-year period begin21 ning on the date of enactment of this Act shall be 

22 payable at the expiration of the 1-year period, to23 gether with interest at the rate required under sub24 section (f)(2)(C). 


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1 (l) INJUNCTION AND SPECIFIC ENFORCEMENT AU2 THORITY.— 

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

4 addition to any other remedy under law, the Attor5 ney General or the designee of the Attorney General 

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

7 United States, which shall have jurisdiction over 

8 such actions— 

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

10 section 402; or 

11 (B) to compel the taking of any action re12 quired by or under this title or section 402. 

13 (2) VENUE.—A civil action described in para14 graph (1) may be brought only in the United States 

15 district court for the judicial district in which the 

16 act, omission, or transaction constituting a violation 

17 under this title or section 402 occurred, or in which 

18 the defendant is found or transacts business. 

19 SEC. 204. REVIEW. 

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

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

22 the Secretary shall complete a review and submit to the 

23 Committee on Energy and Natural Resources of the Sen24 ate and the Committee on Natural Resources of the House 


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•S 4083 IS

1 of Representatives a report addressing collections and im2 pacts of the royalty and fees provided for by this Act. 

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

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

5 an annual basis as— 

6 (A) claim maintenance fees; 

7 (B) location fees; 

8 (C) land use fees; 

9 (D) royalties and related payments; and 

10 (E) abandoned mine land fees; 

11 (2) the disposition of the fees and royalties, in12 cluding— 

13 (A) the amount used for mining law pro14 gram administration; and 

15 (B) the amount used for abandoned mine 

16 land reclamation, including allocation by State 

17 and Indian Tribe; 

18 (3) the effectiveness of the program under this 

19 Act in addressing abandoned mine land problems on 

20 Federal and non-Federal land; 

21 (4) any impact on domestic locatable mineral 

22 exploration and production as a result of the fees 

23 and royalties; and 

24 (5) any recommendations with respect to 

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1 ing to the amount or method of collection (including 

2 auditing, compliance, and enforcement) of the fees 

3 and royalties. 

4 TITLE III—MINERAL ACTIVITIES 

5 SEC. 301. PERMITS. 

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

7 501(a)(2), no person may engage in mineral activities on 

8 Federal land that may cause a disturbance of surface re9 sources, including land, air, water, and fish and wildlife, 

10 unless a permit authorizing the activities was issued to 

11 the person under this title. 

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

13 permit under this title shall not be required for mineral 

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

15 (c) NO MODIFICATION.—Nothing in this section en16 larges, diminishes, establishes, repeals, or otherwise modi17 fies any requirement of law that a mining claim, millsite, 

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

19 be undertaken. 

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

21 maximum extent practicable, the Secretary concerned 

22 shall conduct the permit processes under this Act in co23 ordination with the timing and other requirements of sec24 tion 102 of the National Environmental Policy Act of 

25 1969 (42 U.S.C. 4332). 


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1 SEC. 302. EXPLORATION PERMITS. 

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

3 501(a)(2), an exploration permit shall be required prior 

4 to conducting any exploration activities on Federal land 

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

6 (b) LIMITATIONS.—An exploration permit under sub7 section (a) shall not authorize the person to— 

8 (1) remove any mineral for sale; or 

9 (2) conduct any activity other than an activity 

10 required for— 

11 (A) exploration for locatable minerals; or 

12 (B) reclamation. 

13 (c) REQUIREMENTS.—To be eligible for an explo14 ration permit, a person shall submit to the Secretary con15 cerned, in a manner prescribed by the Secretary con16 cerned, an application for an exploration permit that con17 tains— 

18 (1) an exploration plan demonstrating that— 

19 (A) the applicant will operate in accord20 ance with this Act and applicable regulations; 

21 (B) the formation of acid mine drainage 

22 will be avoided to the maximum extent prac23 ticable; and 

24 (C) mineral activities will be conducted in 

25 a manner that uses best management practices; 


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•S 4083 IS

1 (2) a description of potential impacts to 

2 groundwater and surface water, including appro3 priate hydrological assessments and analyses, as rea4 sonably required by the Secretary; 

5 (3) a reclamation plan for the proposed explo6 ration activity demonstrating that the applicant will 

7 conduct reclamation activities in accordance with 

8 section 306; 

9 (4) evidence of adequate financial assurance in 

10 accordance with section 304; 

11 (5) the necessary documentation to demonstrate 

12 that the proposed exploration activity will comply 

13 with applicable Federal and State environmental 

14 laws (including regulations); 

15 (6) a monitoring and evaluation plan to ensure 

16 compliance with reclamation and other requirements 

17 of this Act; and 

18 (7) any other relevant information determined 

19 by the Secretary to be necessary to satisfy the re20 quirements of this Act and other applicable law. 

21 (d) PERMIT ISSUANCE.— 

22 (1) APPROVAL.— 

23 (A) IN GENERAL.—Subject to subpara24 graph (B), the Secretary concerned shall ap25 prove an application and issue an exploration 


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1 permit if the Secretary concerned determines 

2 that the application is in compliance with— 

3 (i) this Act; 

4 (ii) any regulations promulgated 

5 under this Act; and 

6 (iii) any other applicable laws. 

7 (B) CONDITIONS.—The Secretary con8 cerned may reasonably condition the approval 

9 of such a permit to satisfy the requirements of 

10 this Act and applicable regulations. 

11 (2) DENIAL.—The Secretary concerned shall 

12 deny the issuance of an exploration permit if the 

13 Secretary concerned determines that the permit does 

14 not meet the requirements of— 

15 (A) this Act; 

16 (B) any regulations promulgated under 

17 this Act; or 

18 (C) other applicable laws. 

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

20 exploration permit under this subsection, the Sec21 retary concerned— 

22 (A) shall provide public notice and an op23 portunity for written comment; and 

24 (B) may hold a public hearing. 

25 (e) MODIFICATIONS TO PERMIT.— 


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1 (1) IN GENERAL.—The permit holder may sub2 mit to the Secretary concerned an application to 

3 modify an exploration permit. 

4 (2) APPROVAL.— 

5 (A) IN GENERAL.—In determining whether 

6 to approve or disapprove a proposed modifica7 tion to an exploration permit, the Secretary 

8 concerned shall make the same determinations 

9 as are required in the case of the original per10 mit. 

11 (B) EXCEPTIONS.—Subparagraph (A) 

12 shall not apply to minor modifications to an ex13 ploration permit or instances in which the na14 ture of the modifications make compliance with 

15 the requirements unnecessary, as determined by 

16 the Secretary concerned. 

17 (3) MODIFICATIONS FROM SECRETARY CON18 CERNED.— 

19 (A) IN GENERAL.—The Secretary con20 cerned may require reasonable modification to 

21 any permit on a determination that the require22 ments of this Act or other applicable law cannot 

23 be met if the permit is followed as approved. 


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1 (B) REQUIREMENTS FOR DETERMINA2 TION.—A determination under subparagraph 

3 (A) shall be— 

4 (i) based on a written finding; and 

5 (ii) subject to notice and hearing re6 quirements established by the Secretary 

7 concerned. 

8 SEC. 303. MINING PERMITS. 

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

10 501(a)(2), a mining permit shall be required prior to con11 ducting mineral activities on Federal land, other than cas12 ual use or exploration on the Federal land. 

13 (b) REQUIREMENTS.—To be eligible for a mining per14 mit, a person shall submit to the Secretary concerned, in 

15 a manner prescribed by the Secretary concerned, an appli16 cation for a mining permit that contains— 

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

18 and water resources of the area before mining activi19 ties are initiated; 

20 (2) an operations plan demonstrating that— 

21 (A) the applicant will operate in accord22 ance with this Act and applicable regulations; 

23 (B) the formation of acid mine drainage 

24 will be avoided to the maximum extent prac25 ticable; and 


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1 (C) mineral activities will be conducted in 

2 a manner that uses best management practices; 

3 (3) a description of potential impacts to 

4 groundwater and surface water, including appro5 priate hydrological assessments and analyses, as rea6 sonably required by the Secretary; 

7 (4) a reclamation plan for the proposed mineral 

8 activities demonstrating that the applicant will con9 duct reclamation activities in accordance with sec10 tion 306; 

11 (5) evidence of adequate financial assurance 

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

13 fund as required under section 304(i); 

14 (6) the necessary documentation to demonstrate 

15 that the proposed mineral activities will comply with 

16 applicable Federal and State environmental laws (in17 cluding regulations); 

18 (7) a monitoring and evaluation plan to ensure 

19 compliance with reclamation and other requirements 

20 of this Act; and 

21 (8) any other relevant information determined 

22 by the Secretary concerned to be necessary to satisfy 

23 the requirements of this Act and other applicable 

24 law. 

25 (c) PERMIT ISSUANCE.— 


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1 (1) APPROVAL.— 

2 (A) IN GENERAL.—Subject to subpara3 graph (B), the Secretary concerned shall ap4 prove a permit application and issue a mining 

5 permit if the Secretary concerned determines 

6 that the application is in compliance with— 

7 (i) this Act; 

8 (ii) any regulations promulgated 

9 under this Act; and 

10 (iii) other applicable laws. 

11 (B) CONDITIONS.—The Secretary con12 cerned may reasonably condition the approval 

13 of such a permit to satisfy the requirements of 

14 this Act and applicable regulations. 

15 (2) DENIAL.—The Secretary concerned shall 

16 deny the issuance of a mining permit if the Sec17 retary concerned determines that the permit does 

18 not meet the requirements of— 

19 (A) this Act; 

20 (B) any regulations promulgated under 

21 this Act; or 

22 (C) other applicable laws. 

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

24 mining permit under this subsection, the Secretary 

25 concerned— 


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1 (A) shall provide public notice and an op2 portunity for written comment; and 

3 (B) may hold a public hearing. 

4 (d) TERM OF PERMIT; CONTINUATION.— 

5 (1) IN GENERAL.—An operations permit 

6 shall— 

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

8 (B) continue for so long thereafter as 

9 locatable minerals are produced in commercial 

10 quantities from the permit area in compliance 

11 with the requirements of this Act and other ap12 plicable law. 

13 (2) CONTINUATION.—No permit shall expire be14 cause operations or production have ceased pursuant 

15 to an approved temporary cessation or been sus16 pended pursuant to any order of, or with the consent 

17 of, the Secretary concerned. 

18 (e) MODIFICATIONS TO PERMIT.— 

19 (1) REQUEST FROM PERMIT HOLDER.— 

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

21 may submit to the Secretary concerned an ap22 plication to modify the mining permit. 

23 (B) APPROVAL.— 

24 (i) IN GENERAL.—In determining 

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1 posed modification to a mining permit, the 

2 Secretary concerned shall make the same 

3 determinations as are required in the case 

4 of an original mining permit. 

5 (ii) EXCEPTIONS.—Clause (i) shall 

6 not apply to minor modifications to a min7 ing permit or instances in which the nature 

8 of the modifications make compliance with 

9 the requirements unnecessary, as deter10 mined by the Secretary concerned. 

11 (2) MODIFICATIONS FROM SECRETARY CON12 CERNED.— 

13 (A) IN GENERAL.—The Secretary con14 cerned may require reasonable modification to 

15 any permit on a determination that the require16 ments of this Act or other applicable law cannot 

17 be met if the permit is followed as approved. 

18 (B) REQUIREMENTS FOR DETERMINA19 TION.—A determination under subparagraph 

20 (A) shall be— 

21 (i) based on a written finding; and 

22 (ii) subject to notice and hearing re23 quirements established by the Secretary 

24 concerned. 

25 (f) LAND USE FEES.— 


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

2 included in a mining permit approved under this sec3 tion after the date of enactment of this Act, or Fed4 eral land added pursuant to a modification to a per5 mit or plan of operations if the modification is ap6 proved after the date of enactment of this Act, not 

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

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

9 Secretary by regulation that is equal to 4 times the 

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

11 each 20 acres of Federal land that is included within 

12 the mine permit area. 

13 (2) ADDITIONAL FEE.—The land use fee im14 posed under this subsection shall be in addition to 

15 the claim maintenance fees imposed under section 

16 102(a). 

17 (3) AUTHORIZED ACTIVITIES.—Upon approval 

18 by the Secretary concerned of a mining permit and 

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

20 subsection, the operator may use and occupy all 

21 Federal land within the mine permit area for such 

22 uses as are approved in the mining permit if the 

23 uses are undertaken in accordance with all applica24 ble law. 


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1 (4) ADJUSTMENT.—Land use fees imposed 

2 under this subsection shall be adjusted as necessary 

3 to correspond to any adjustment in the claim main4 tenance fees imposed under section 102(a). 

5 (5) DISPOSITION OF FUNDS.—Any amounts re6 ceived under this subsection shall be deposited in the 

7 Fund. 

8 (g) TEMPORARY CESSATION OF OPERATIONS.— 

9 (1) IN GENERAL.—An operator conducting min10 eral activities under this title may not temporarily 

11 cease mineral activities for a period of greater than 

12 180 days unless— 

13 (A) the Secretary concerned has approved 

14 the temporary cessation; or 

15 (B) the temporary cessation is permitted 

16 under the exploration or mining permit. 

17 (2) MULTIPLE TEMPORARY CESSATIONS.—The 

18 Secretary concerned may approve more than 1 tem19 porary cessation for mineral activities under a per20 mit. 

21 (3) INTERIM MANAGEMENT PLAN.—Any oper22 ator temporarily ceasing mineral activities shall fol23 low an interim management plan approved by the 

24 Secretary concerned. 


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1 SEC. 304. FINANCIAL ASSURANCES. 

2 (a) IN GENERAL.—Before beginning any mineral ac3 tivities requiring an exploration or mining permit under 

4 this Act, an operator shall provide to the Secretary con5 cerned evidence of a bond, surety, or other financial assur6 ance approved by the Secretary concerned in an amount 

7 determined, after public notice and comment, by the Sec8 retary concerned to be sufficient to ensure the completion 

9 of reclamation under section 306 and the restoration of 

10 any land or water adversely affected by the mineral activi11 ties if the work (including any interim stabilization and 

12 infrastructure maintenance activities) would be performed 

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

14 the Secretary concerned) in the event of forfeiture. 

15 (b) LAND AND WATER COVERED.—The financial as16 surance shall cover— 

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

18 (2) all affected water that may require restora19 tion, treatment, or other management as a result of 

20 mineral activities; and 

21 (3) all land added and water affected pursuant 

22 to any permit modification. 

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

24 on which an operator provides financial assurance in an 

25 amount determined under subsection (a) and not later 


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1 than every 3 years thereafter, the Secretary concerned 

2 shall— 

3 (1) review the financial assurance to determine 

4 if the amount of the financial assurance is adequate 

5 for purposes of this section; and 

6 (2) if the Secretary concerned determines that 

7 the amount of the financial assurance is not ade8 quate, adjust the amount of the financial assurance 

9 in accordance with this section. 

10 (d) REDUCTION.— 

11 (1) IN GENERAL.—The Secretary concerned 

12 may reduce the amount of the financial assurance 

13 required if the Secretary concerned determines that 

14 a portion of the reclamation is completed in accord15 ance with section 306. 

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

17 amount of financial assurance pursuant to this sub18 section, the Secretary concerned shall provide public 

19 notice and a reasonable opportunity for public notice 

20 and comment in accordance with subsection (g). 

21 (e) INCREMENTAL FINANCIAL ASSURANCE.— 

22 (1) IN GENERAL.—The Secretary concerned 

23 may authorize amounts of financial assurance for in24 cremental mineral activities if— 


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1 (A) no mineral activities are allowed be2 yond the activities for which financial assurance 

3 is provided; 

4 (B) the financial assurance for an incre5 ment covers all reclamation costs within the 

6 permit area for the increment; and 

7 (C) the amount and terms of the financial 

8 assurance for each increment are reviewed an9 nually. 

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

11 the Secretary concerned shall— 

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

13 amount and terms of the financial assurance 

14 for any increment; and 

15 (B) adjust the financial assurance as ap16 propriate. 

17 (f) DURATION.—The financial assurance required 

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

19 mineral activities and for an additional period to cover the 

20 responsibility of the operator for reclamation, long-term 

21 maintenance, and effluent treatment as specified in sub22 section (h). 

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

24 the Secretary concerned may, after public notice and a 

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1 spection, release in whole or in part the financial assur2 ance required under this section if the Secretary concerned 

3 determines that— 

4 (1) reclamation covered by the financial assur5 ance has been accomplished as required by this Act 

6 and other applicable law; and 

7 (2) the terms and conditions of any other appli8 cable Federal and State requirements have been ful9 filled. 

10 (h) RELEASE OF FINANCIAL ASSURANCE FOR

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

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

13 mechanism under subsection (i), the portion of the finan14 cial assurance attributable to the estimated cost of treat15 ment of any discharge or other water-related condition re16 sulting from mineral activities shall not be released until 

17 the public has been provided notice and an opportunity 

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

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

20 least 5 years, as determined through ongoing moni21 toring and testing; or 

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

23 met all applicable effluent limitations and water 

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

25 (i) LONG-TERM FINANCIAL ASSURANCES.— 


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1 (1) IN GENERAL.—Notwithstanding subsections 

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

3 condition resulting from mineral activities requires 

4 treatment in order to meet the applicable effluent 

5 limitations and water quality standards, the finan6 cial assurance shall cover the estimated cost of 

7 maintaining the treatment for the period that will be 

8 needed after the cessation of mineral activities. 

9 (2) LONG-TERM FUNDING MECHANISMS.— 

10 (A) IN GENERAL.—The Secretary con11 cerned shall, if determined necessary by the 

12 Secretary concerned, require the operator to es13 tablish a trust fund or other funding mecha14 nism to provide financial assurances to ensure 

15 the continuation of long-term treatment or 

16 other management to achieve water quality 

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

18 maintenance or monitoring requirements. 

19 (B) AMOUNT.—The amount of funding 

20 shall be adequate to provide for construction, 

21 long-term operation, maintenance, or replace22 ment of any treatment facilities and infrastruc23 ture, for as long as the treatment and facilities 

24 are needed after mine closure. 


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1 (C) LIABILITY.—Nothing in this para2 graph allows any person to transfer any liability 

3 arising from mineral activities to any other per4 son. 

5 (j) REPORT.— 

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

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

8 consultation with the Secretary of Agriculture and 

9 the Administrator of the Environmental Protection 

10 Agency, shall conduct a review and submit to the 

11 Committee on Energy and Natural Resources of the 

12 Senate and the Committee on Natural Resources of 

13 the House of Representatives a report regarding the 

14 sufficiency of financial assurances for locatable min15 erals activities (including exploration and mining) on 

16 Federal land. 

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

18 (A) methods for establishing financial as19 surances levels; 

20 (B) the type, level, and adequacy of finan21 cial assurances required for exploration activi22 ties; 

23 (C) for each mine on Federal land— 

24 (i) the dates of approval of any plan 

25 of operation or mining permit; 


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1 (ii) the acreage involved; 

2 (iii) the expected life of the mine; 

3 (iv) the type, level, and adequacy of fi4 nancial assurance; and 

5 (v) whether the mine is expected to 

6 require long-term water treatment or 

7 maintenance after mine closure; 

8 (D) the effectiveness of various types of fi9 nancial assurances; and 

10 (E) the availability of and costs associated 

11 with various types of financial assurances. 

12 (3) RECOMMENDATIONS.—The report shall in13 clude any recommendations for modifications to 

14 Federal law or applicable regulations to improve the 

15 effectiveness of financial assurances for locatable 

16 mineral activities described in paragraph (1). 

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

18 The Secretary concerned shall approve the transfer, 

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

20 permit only if the successor in interest agrees in writing 

21 to assume the liability and reclamation responsibilities (in22 cluding the financial assurance requirements under section 

23 304 (including applicable regulations)) established by the 

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


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1 transferor under any other law or exploration or mining 

2 permit. 

3 SEC. 306. OPERATION AND RECLAMATION. 

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

5 and water subject to mineral activities carried out under 

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

7 supporting— 

8 (1) the uses that the land and water was capa9 ble of supporting before surface disturbance by the 

10 operator; or 

11 (2) other beneficial uses that conform to appli12 cable land use plans (including, if appropriate, the 

13 generation of renewable energy), as determined by 

14 the Secretary concerned. 

15 (b) TIMING.— 

16 (1) IN GENERAL.—Reclamation activities shall 

17 be carried out as contemporaneously as practicable 

18 with the conduct of mineral activities. 

19 (2) TEMPORARY CESSATION.—If mineral activi20 ties are ceased for a period other than a temporary 

21 cessation as approved by the Secretary concerned, 

22 reclamation activities shall begin immediately. 

23 (c) ADMINISTRATION OF LAND.—Notwithstanding 

24 section 302(b) of the Federal Land Policy and Manage25 ment Act of 1976 (43 U.S.C. 1732(b)), the first section 


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1 of the Act of June 4, 1897 (commonly known as the ‘‘Or2 ganic Act of 1897’’) (16 U.S.C. 478), or the Forest and 

3 Rangeland Renewable Resources Planning Act of 1974 

4 (16 U.S.C. 1600 et seq.), and in accordance with this title 

5 and applicable law, unless expressly stated otherwise in 

6 this Act, the Secretary concerned— 

7 (1) shall ensure that mineral activities on any 

8 Federal land that is subject to a mining claim, mill9 site claim, or tunnel site claim are carefully con10 trolled to prevent undue degradation of public land 

11 and resources; and 

12 (2) shall not grant permission to engage in min13 eral activities if the Secretary concerned, after con14 sidering the evidence, makes a determination that 

15 undue degradation would result from those activi16 ties. 

17 (d) OPERATION AND RECLAMATION STANDARDS.— 

18 The Secretary and the Secretary of Agriculture shall joint19 ly promulgate regulations that carry out this Act. 

20 (e) RELATIONSHIP TO OTHER LAWS.—The require21 ments of this Act shall be in addition to any requirements 

22 applicable to mineral activities under— 

23 (1) the Federal Land Policy and Management 

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


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1 (2) the National Forest Management Act of 

2 1976 (16 U.S.C. 472a et seq.); and 

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

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

5 551). 

6 SEC. 307. LAND OPEN TO LOCATION. 

7 Section 202(e) of the Federal Land Policy and Man8 agement Act of 1976 (43 U.S.C. 1712(e)) is amended— 

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

10 from or restored to the operation of the Mining Law 

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

12 21 et seq.) or’’; and 

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

14 ‘‘(4) REVIEW OF LAND.— 

15 ‘‘(A) DEFINITION OF NATIONAL CON16 SERVATION SYSTEM UNIT.—In this paragraph, 

17 the term ‘National Conservation System unit’ 

18 means— 

19 ‘‘(i) any unit of— 

20 ‘‘(I) the National Park System; 

21 ‘‘(II) the National Wildlife Ref22 uge System; or 

23 ‘‘(III) the National Wild and 

24 Scenic Rivers System; 

25 ‘‘(ii) a National Monument; or 


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1 ‘‘(iii) a National Conservation Area. 

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

3 after the date of enactment of this paragraph, 

4 each Secretary concerned, acting through the 

5 local Federal land manager, shall, consistent 

6 with the respective jurisdiction of each Sec7 retary concerned, undertake and complete a re8 view of— 

9 ‘‘(i) public land designated as a wil10 derness study area or National Forest Sys11 tem land identified as suitable for wilder12 ness designation; 

13 ‘‘(ii) areas of critical environmental 

14 concern; 

15 ‘‘(iii) Federal land in which mineral 

16 activities pose a reasonable likelihood of 

17 substantial adverse impacts on National 

18 Conservation system units; 

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

20 in the National Wild and Scenic Rivers 

21 System pursuant to the Wild and Scenic 

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

23 ‘‘(II) areas designated for potential 

24 addition to the System pursuant to section 

25 5(a) of that Act (16 U.S.C. 1276(a)); and 


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1 ‘‘(III) areas determined to be eligible 

2 for inclusion in the System pursuant to 

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

4 1276(d)); and 

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

6 defined in section 294.11 of title 36, Code 

7 of Federal Regulations (or successor regu8 lations)); 

9 ‘‘(II) Idaho Roadless Areas (as de10 fined in section 294.21 of title 36, Code of 

11 Federal Regulations (or successor regula12 tions)); and 

13 ‘‘(III) Colorado Roadless Areas (as 

14 defined in section 294.41 of title 36, Code 

15 of Federal Regulations (or successor regu16 lations)). 

17 ‘‘(5) WITHDRAWALS OF LAND.— 

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

19 in accordance with paragraph (4)(B), in addi20 tion to withdrawals made pursuant to section 

21 204 and subject to valid existing rights, tracts 

22 of Federal land may, pursuant to this para23 graph, be removed from operation of sections 

24 2318 through 2352 of the Revised Statutes 

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1 section as the ‘Mining Law of 1872’) (30 

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

3 the analysis of the local Federal land manager, 

4 and in the case of National Forest System land, 

5 on the recommendation of the Secretary of Ag6 riculture based on the analysis of the local Fed7 eral land manager, determines that the action is 

8 appropriate after application of the criteria es9 tablished under subsection (c). 

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

11 The Secretary concerned, acting through the 

12 local Federal land manager, shall revise or 

13 amend the applicable land use plan, as appro14 priate, to provide for removal of land, subject to 

15 valid existing rights, from operation of the Min16 ing Law of 1872 on a determination by the Sec17 retary under subparagraph (A) that the land 

18 should be removed from operation of that Act. 

19 ‘‘(C) SEGREGATION FROM GENERAL MIN20 ING LAWS PENDING COMPLETION.—On a deter21 mination by the Secretary that the land should 

22 be removed from operation of the Mining Law 

23 of 1872, the land shall be immediately seg24 regated from operation of the Mining Law of 


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1 1872 until the plan amendment or revision is 

2 completed. 

3 ‘‘(D) COMPLETION DEADLINE.—Any 

4 amendment or revision of a land use plan shall 

5 be completed not later than 1 year after the 

6 date of the determination of the Secretary 

7 under subparagraph (A). 

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

9 a State, the head of an Indian tribe, or an appro10 priate local government official may petition— 

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

12 local Federal land manager to undertake a re13 view under paragraph (4); and 

14 ‘‘(B) the Secretary to determine whether 

15 land within the State should be removed from 

16 operation of the Mining Law of 1872, subject 

17 to valid existing rights, pursuant to paragraph 

18 (5).’’. 

19 SEC. 308. STATE LAW. 

20 Any reclamation, environmental, public health protec21 tion, bonding, or inspection standard or requirement in 

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

23 requirements of this Act shall not be considered to be in24 consistent with this Act. 


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1 SEC. 309. INSPECTION AND MONITORING. 

2 (a) INSPECTIONS.— 

3 (1) IN GENERAL.—The Secretary concerned 

4 shall make inspections of mineral activities to ensure 

5 compliance with this Act. 

6 (2) TIMING.—The Secretary concerned shall es7 tablish the frequency of inspections for mineral ac8 tivities conducted under a permit issued under this 

9 Act, with the Secretary concerned requiring not less 

10 than 1 complete inspection per calendar quarter. 

11 (3) ANNUAL INSPECTIONS.—After revegetation 

12 has been established in accordance with a reclama13 tion plan, the Secretary concerned shall conduct not 

14 less than 2 complete inspections per year. 

15 (4) SEASONAL ACTIVITIES.—The Secretary con16 cerned shall have the discretion to modify the in17 spection frequency for mineral activities that are 

18 conducted on a seasonal basis, except that the Sec19 retary concerned shall require not less than 2 com20 plete inspections per calendar year. 

21 (5) FINANCIAL ASSURANCE.—Inspections shall 

22 continue under this subsection until the final release 

23 of financial assurance. 

24 (b) MONITORING.—The Secretary concerned shall re25 quire all operators— 


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1 (1) to develop and maintain a monitoring and 

2 evaluation system to identify compliance with all re3 quirements of a permit approved under this Act; and 

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

5 by the Secretary concerned. 

6 SEC. 310. TRIBAL CONSULTATION. 

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

8 13175 (25 U.S.C. 5301 note; relating to consultation and 

9 coordination with Indian Tribal governments) and all 

10 other applicable Federal law, the Secretary concerned 

11 shall conduct active, meaningful, and timely consultation 

12 with all applicable Indian Tribes prior to undertaking or 

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

14 (1) Indian land; or 

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

16 (A) within the exterior boundaries of In17 dian country (as defined in section 1151 of title 

18 18, United States Code); or 

19 (B) land to which an Indian Tribe attaches 

20 religious or cultural significance. 

21 (b) TIMING.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), each consultation required for a mineral 

24 activity under subsection (a) shall be completed be25 fore— 


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1 (A) any Federal funds are expended for 

2 the mineral activity; and 

3 (B) the issuance of any permit for the 

4 mineral activity. 

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

6 apply to nondestructive project planning for a min7 eral activity. 

8 (c) REQUIREMENTS.—The Secretary concerned shall 

9 ensure that consultation with an Indian Tribe under this 

10 section— 

11 (1) provides the Indian Tribe a reasonable op12 portunity— 

13 (A) to identify any concerns of the Indian 

14 Tribe; 

15 (B) to advise on the identification and 

16 evaluation of other areas that potentially would 

17 be impacted by the mineral activities, including 

18 areas of traditional religious or cultural impor19 tance; 

20 (C) to articulate the views of the Indian 

21 Tribe regarding the direct and indirect effects 

22 of the mineral activities on the areas identified 

23 and evaluated under subparagraph (B); and 


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1 (D) to participate in the resolution of any 

2 potential adverse effects of the mineral activi3 ties; 

4 (2) includes consultation with the representa5 tives designated or identified by the Indian Tribe; 

6 (3) recognizes that the relationship between the 

7 Federal Government and Indian Tribes— 

8 (A) is a government-to-government rela9 tionship; and 

10 (B) is a unique legal relationship, as pro11 vided under the Constitution of the United 

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

13 (4) is conducted in a manner— 

14 (A) sensitive to the concerns and needs of 

15 the Indian Tribe; and 

16 (B) respectful of Tribal sovereignty. 

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

18 (1) alters, amends, repeals, interprets, or modi19 fies Tribal sovereignty or the treaty or other rights 

20 of any Indian Tribe; or 

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

22 Tribal sovereignty or the treaty or other rights of 

23 any Indian Tribe. 


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1 TITLE IV—HARDROCK 

2 MINERALS RECLAMATION FUND 

3 SEC. 401. ESTABLISHMENT OF FUND. 

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

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

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

7 consisting of— 

8 (1) any amounts authorized to be appropriated 

9 to the Fund under subsection (e); 

10 (2) any amounts received by the United States 

11 under section 101; 

12 (3) any amounts collected under section 102 

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

14 (4) any amounts donated to the Fund by per15 sons, corporations, associations, and foundations; 

16 (5) any amounts collected under section 201; 

17 (6) any amounts collected under section 303(e); 

18 (7) any amounts collected under section 402; 

19 (8) any amounts collected under sections 203 

20 and 502; and 

21 (9) any income on investments under subsection 

22 (b). 

23 (b) INVESTMENT.— 

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

25 the Secretary of the Treasury of any portion of the 


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1 Fund that the Secretary determines is not required 

2 to meet current withdrawals. 

3 (2) ELIGIBLE INVESTMENTS.—The Secretary of 

4 the Treasury shall invest portions of the Fund iden5 tified under paragraph (1) in public debt securities 

6 with maturities suitable for the needs of the Fund. 

7 (3) INTEREST.—Investments in public debt se8 curities shall bear interest at rates determined by 

9 the Secretary of the Treasury, taking into consider10 ation current market yields on outstanding market11 place obligations of the United States of comparable 

12 maturity. 

13 (c) ADMINISTRATION.—The Fund shall be adminis14 tered by the Secretary, acting through the Director of the 

15 Bureau of Land Management. 

16 (d) USE OF THE FUND.—Without fiscal year limita17 tion and without further appropriation, the Secretary shall 

18 use amounts in the Fund to carry out section 40704 of 

19 the Infrastructure Investment and Jobs Act (30 U.S.C. 

20 1245). 

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Fund such sums 

23 as are necessary for fiscal year 2023 and each fiscal year 

24 thereafter. 


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1 SEC. 402. ABANDONED MINE LAND RECLAMATION FEE. 

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

3 hardrock minerals mining operation shall pay to the Sec4 retary, for deposit in the Fund, a reclamation fee in an 

5 amount established by the Secretary by regulation of not 

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

7 value of the production from the hardrock minerals mining 

8 operation for each calendar year. 

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

10 section, the Secretary shall determine the value of produc11 tion in the same manner as provided under section 201(a). 

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

13 be paid not later than 60 days after the end of each cal14 endar year beginning with the first calendar year occur15 ring after the date of enactment of this Act. 

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

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

18 the Fund. 

19 (e) EFFECT.—Nothing in this section requires a re20 duction in, or otherwise affects, any similar fee required 

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


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1 TITLE V—TRANSITION RULES, 

2 ADMINISTRATIVE PROVI3 SIONS, AND MISCELLANEOUS 

4 PROVISIONS 

5 SEC. 501. TRANSITION RULES. 

6 (a) APPLICABILITY.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), section 201(b), and section 303(f), the re9 quirements of this Act apply to any mining claim, 

10 millsite, or tunnel site located under the general 

11 mining laws, before, on, or after the date of enact12 ment of this Act. 

13 (2) PREEXISTING CLAIM.—If a plan of oper14 ations is approved or a notice of operations is filed 

15 for mineral activities on any claim or site referred to 

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

17 this Act— 

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

19 the date of enactment of this Act— 

20 (i) mineral activities at the claim or 

21 site shall be subject to the plan of oper22 ations or notice of operations; and 

23 (ii) if the Secretary concerned deter24 mines that any modifications to the plan of 

25 operations are minor, modification may be 


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1 made in accordance with the laws applica2 ble before the date of enactment of this 

3 Act; and 

4 (B) the operator shall bring the mineral 

5 activities into compliance with this Act (includ6 ing implementing regulations) by the end of the 

7 10-year period beginning on the date of enact8 ment of this Act. 

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

10 201(b) and 303(f), all fees required to be paid under 

11 this Act shall apply beginning on the date of enact12 ment of this Act to— 

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

14 site located under the general mining laws (in15 cluding production from the claim or site) be16 fore, on, or after the date of enactment of this 

17 Act; 

18 (B) all land covered by a plan of oper19 ations or a notice of operations, exploration per20 mit, or mining permit; and 

21 (C) with respect to the fee established by 

22 section 402, any production on or after the date 

23 of enactment of this Act from any hardrock 

24 minerals mining operation. 


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1 (b) APPLICATION OF ACT TO BENEFICIATION AND

2 PROCESSING OF NON-FEDERAL MINERALS ON FEDERAL

3 LAND.— 

4 (1) IN GENERAL.—This Act (including the sur5 face management and operation requirements of title 

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

7 extent to mining claims, millsites, and tunnel sites 

8 used for beneficiation or processing activities for any 

9 mineral without regard to whether the legal and ben10 eficial title to the mineral is held by the United 

11 States. 

12 (2) APPLICABILITY.—This subsection applies 

13 only to minerals that— 

14 (A) are locatable minerals; or 

15 (B) would be locatable minerals if the legal 

16 and beneficial title to the minerals were held by 

17 the United States. 

18 SEC. 502. ENFORCEMENT. 

19 (a) ORDERS.— 

20 (1) NOTICE OF VIOLATION.— 

21 (A) IN GENERAL.—If the Secretary con22 cerned determines that any person is in viola23 tion of any surface management or operation 

24 requirement under title III or any regulation 

25 promulgated to carry out such a requirement or 


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1 any permit condition required pursuant to title 

2 III, the Secretary concerned shall provide to the 

3 person a notice that describes the violation and 

4 any necessary corrective actions. 

5 (B) ABATEMENT PERIOD.— 

6 (i) IN GENERAL.—Subject to clause 

7 (ii), a person that receives notice under 

8 subparagraph (A) shall have not more than 

9 90 days after the date of receipt of the no10 tice to abate the violation. 

11 (ii) EXTENSION.—The Secretary con12 cerned may extend the period described in 

13 clause (i) if the person shows good cause 

14 for the extension, as determined by the 

15 Secretary concerned. 

16 (2) CESSATION ORDER.— 

17 (A) IN GENERAL.—The Secretary con18 cerned shall immediately order a cessation of 

19 mineral activities if the Secretary concerned de20 termines that any condition or practice exists, 

21 or any person is in violation of any requirement 

22 of a permit approved, or notice of operations 

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

24 can reasonably be expected to cause— 


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1 (i) an imminent danger to the health 

2 or safety of the public; or 

3 (ii) significant, imminent harm to 

4 land, air, water, or fish or wildlife re5 sources. 

6 (B) REQUIREMENTS.— 

7 (i) IN GENERAL.—A cessation order 

8 issued under subparagraph (A) shall re9 main in effect until the Secretary con10 cerned— 

11 (I) determines that the condition, 

12 practice, or violation has been abated; 

13 or 

14 (II) modifies, vacates, or termi15 nates the cessation order. 

16 (ii) ABATEMENT.—In any cessation 

17 order issued under subparagraph (A), the 

18 Secretary concerned shall— 

19 (I) identify the steps necessary to 

20 abate the violation in the most expedi21 tious manner practicable; and 

22 (II) require appropriate financial 

23 assurances to ensure that the abate24 ment obligations are met. 

25 (C) ENFORCEMENT.— 


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1 (i) IN GENERAL.—If the required 

2 abatement has not been completed by the 

3 date that is 30 days after the date on 

4 which an order is issued under subpara5 graph (A), the Secretary concerned shall 

6 bring against the person failing to com7 plete the abatement an enforcement action 

8 that is most likely to bring about abate9 ment in the most expeditious manner prac10 ticable, including seeking appropriate in11 junctive relief to bring about abatement. 

12 (ii) EFFECT.—Nothing in this sub13 paragraph precludes the Secretary con14 cerned from taking alternative enforcement 

15 action before the date described in clause 

16 (i). 

17 (3) MODIFICATIONS.—The Secretary concerned 

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

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

20 (4) FORFEITURE.— 

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

22 abate a violation or defaults on the terms of the 

23 permit, the Secretary concerned shall forfeit the 

24 financial assurance for the permit as necessary 


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1 to ensure abatement and reclamation under this 

2 Act. 

3 (B) ALTERNATIVES.—The Secretary con4 cerned may prescribe conditions under which a 

5 surety may perform reclamation in accordance 

6 with the approved permit and applicable law in7 stead of forfeiture. 

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

9 the claim holder or operator, or a subsidiary, 

10 parent company, corporation, or partner of the 

11 claim holder, or operator shall be jointly and 

12 severally liable for any remaining reclamation 

13 obligations under this Act. 

14 (b) CIVIL PENALTIES.— 

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

16 any person that violates any surface management or 

17 operation requirement under title III, any regulation 

18 promulgated to carry out such a requirement, or any 

19 permit condition required pursuant to title III may 

20 be assessed a civil penalty by the Secretary con21 cerned. 

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

23 to the issuance of a cessation order under subsection 

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

25 penalty. 


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

2 exceed $5,000 for each violation. 

3 (4) CONTINUING VIOLATIONS.—Each day of 

4 continuing violation may be considered a separate 

5 violation for purposes of penalty assessments. 

6 (5) FACTORS AFFECTING AMOUNT.—In deter7 mining the amount of the penalty for a violation by 

8 a person, the Secretary concerned shall consider— 

9 (A) the history of the person of previous 

10 violations; 

11 (B) the seriousness of the violation, includ12 ing any irreparable harm to the environment 

13 and any hazard to the health or safety of the 

14 public; 

15 (C) whether the person was negligent; and 

16 (D) the demonstrated good faith of the 

17 person charged in attempting to achieve rapid 

18 compliance after notification of the violation. 

19 (6) CORPORATE LIABILITY.—If a corporate per20 mittee is in violation of a requirement of any surface 

21 management or operations requirement under title 

22 III of this Act, any regulation promulgated to carry 

23 out such a requirement, or any permit condition re24 quired pursuant to title III, or fails or refuses to 

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1 section (a), any director, officer, or agent of the cor2 poration who willfully and knowingly authorized, or3 dered, or carried out the violation, failure, or refusal 

4 shall be subject to civil penalties, fines, and impris5 onment that may be imposed under a person under 

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

7 (c) ADMINISTRATIVE REVIEW.— 

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

9 notice of violation or a cessation order under sub10 section (a) may apply to the Secretary concerned for 

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

12 later than 30 days after receipt of the notice or 

13 order. 

14 (2) CIVIL PENALTY.—Any person who is sub15 ject to a civil penalty assessed by the Secretary con16 cerned under this section may apply to the Secretary 

17 concerned for review of the penalty by the date that 

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

19 person receives notice of the penalty. 

20 (3) HEARING.—The Secretary concerned shall 

21 provide an opportunity for a hearing on the record 

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

23 at the request of any person that is— 

24 (A) issued a notice of violation under sub25 section (a)(1); 


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1 (B) issued a cessation order under sub2 section (a)(2); or 

3 (C) subject to civil penalties under sub4 section (b). 

5 (d) CIVIL ACTION.— 

6 (1) IN GENERAL.—The Secretary concerned 

7 may submit to the Attorney General a request to 

8 bring a civil action for relief, including a permanent 

9 or temporary injunction or restraining order and the 

10 imposition of civil penalties, in any appropriate dis11 trict court of the United States, if a person— 

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

13 with any notice or order issued by the Secretary 

14 concerned under subsection (a); or 

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

16 Secretary concerned in carrying out an inspec17 tion under section 309. 

18 (2) RELIEF.— 

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

20 civil action brought under paragraph (1) shall 

21 have the jurisdiction to provide any relief that 

22 the court determines to be appropriate. 

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

24 court to enforce an order under paragraph (1) 

25 shall continue in effect until the date on which 


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1 all proceedings for review of the order are com2 pleted or terminated unless the court granting 

3 the relief sets the relief aside. 

4 (e) CRIMINAL PENALTIES.— 

5 (1) FALSE STATEMENTS; TAMPERING.— 

6 (A) IN GENERAL.—A person shall, on con7 viction, be punished by a fine of not more than 

8 $25,000, imprisonment for not more than 1 

9 year, or fine and imprisonment if the person 

10 willfully and knowingly— 

11 (i) makes any false material state12 ment, representation, or certification in, 

13 omits or conceals material information 

14 from, or unlawfully alters, any mining 

15 claim, notice of location, application, 

16 record, report, plan, or other document 

17 filed or required to be maintained under 

18 this Act; or 

19 (ii) falsifies, tampers with, renders in20 accurate, or fails to install any monitoring 

21 device or method required to be maintained 

22 under this Act. 

23 (B) SECOND VIOLATION.—If a conviction 

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

25 violation committed after a first conviction of 


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1 the person under that subparagraph, punish2 ment shall be by a fine of not more than 

3 $50,000, imprisonment of not more than 2 

4 years, or fine and imprisonment. 

5 (2) KNOWING VIOLATIONS.— 

6 (A) IN GENERAL.—A person shall, on con7 viction, be punished by a fine of not more than 

8 $25,000, imprisonment for not more than 1 

9 year, or both if the person willfully and know10 ingly— 

11 (i) engages in mineral activities with12 out a permit if required under section 302 

13 or 303; or 

14 (ii) violates any surface management 

15 or operation requirement under title III 

16 (including any regulation promulgated to 

17 carry out the requirement) or any require18 ment, condition, or limitation of a permit 

19 issued under this Act. 

20 (B) SECOND VIOLATION.—If a conviction 

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

22 violation committed after the first conviction of 

23 the person under that subparagraph, punish24 ment shall be a fine of not more than $50,000, 


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1 imprisonment of not more than 2 years, or 

2 both. 

3 (f) DELEGATION.—Notwithstanding any other provi4 sion of law, the Secretary may use personnel of the Office 

5 of Surface Mining Reclamation and Enforcement or the 

6 Bureau of Land Management to ensure compliance with 

7 this Act. 

8 SEC. 503. JUDICIAL REVIEW. 

9 (a) RULEMAKING.— 

10 (1) IN GENERAL.—The following shall be sub11 ject to judicial review only in the United States 

12 Court of Appeals for the District of Columbia: 

13 (A) Any final action by the Secretary con14 cerned in promulgating regulations to carry out 

15 this Act. 

16 (B) Any other final actions considered to 

17 be a rulemaking to carry out this Act. 

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

19 action subject to judicial review under paragraph (1) 

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

21 of the action unless the petition is based solely on 

22 grounds arising after the 60-day period. 

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

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

25 subject to judicial review in the district courts of the 


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

2 United States Code. 

3 SEC. 504. UNCOMMON VARIETIES. 

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

5 23, 1955 (30 U.S.C. 611), is amended— 

6 (1) by striking ‘‘SEC. 3. No deposit’’ and insert7 ing the following: 

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

9 ‘‘(a) IN GENERAL.—No deposit’’; 

10 (2) in the first sentence— 

11 (A) by inserting ‘‘mineral materials, in12 cluding’’ after ‘‘varieties of’’; and 

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

14 ‘‘cinders, and clay’’; 

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

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

17 ‘‘(c) DEFINITIONS.—In this Act: 

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

19 varieties’ does not’’; 

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

21 Act means’’ and inserting the following: 

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

23 wood’ means’’; and 

24 (5) by inserting after subsection (a) the fol25 lowing: 


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

2 ‘‘(1) DEFINITION OF VALID EXISTING

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

4 rights’ means rights to a mining claim located for 

5 any mineral material that— 

6 ‘‘(A) had and still has some property giv7 ing mineral material the distinct and special 

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

9 may be, met the definition of block pumice re10 ferred to in subsection (c)(1); 

11 ‘‘(B) was properly located and maintained 

12 under the general mining laws prior to the date 

13 of enactment of this subsection; 

14 ‘‘(C) was supported by a discovery of a val15 uable mineral deposit within the meaning of the 

16 general mining laws as in effect immediately 

17 prior to the date of enactment of this sub18 section; and 

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

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

21 rights, effective beginning on the date of enactment 

22 of this subsection, notwithstanding the references to 

23 the term common varieties in this section and to the 

24 exception to the term relating to a deposit of mate25 rials with some property giving it distinct and speVerDate Sep 11 2014 21:08 Apr 27, 2022 Jkt 029200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S4083.IS S4083

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1 cial value, all deposits of mineral materials referred 

2 to in this section (including the block pumice re3 ferred to in subsection (c)(1)) shall be subject to dis4 posal only under the terms and conditions of the Act 

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

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

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

8 the Act of July 31, 1947 (commonly known as the ‘‘Mate9 rials Act of 1947’’) (30 U.S.C. 601), is amended in the 

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

11 SEC. 505. REVIEW OF URANIUM DEVELOPMENT ON FED12 ERAL LAND. 

13 (a) DEFINITION OF FEDERAL LAND.—In this sec14 tion, the term ‘‘Federal land’’ means land administered 

15 by the Secretary or the Secretary of Agriculture. 

16 (b) REVIEW.— 

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

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

19 consultation with the Secretary of Agriculture, shall 

20 enter into an arrangement under which the National 

21 Academy of Sciences shall conduct a study of ura22 nium development on Federal land. 

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

24 shall describe and analyze— 


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1 (A) the laws applicable to the development 

2 of uranium on Federal land and the agencies 

3 responsible for administering and enforcing 

4 those laws; 

5 (B) the requirements relating to the devel6 opment of uranium under sections 2318 

7 through 2352 of the Revised Statutes (com8 monly known and referred to in this section as 

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

10 seq.); 

11 (C) the requirements relating to the devel12 opment of uranium under the Atomic Energy 

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

14 (D) the uranium leasing program adminis15 tered by the Department of Energy under that 

16 Act; 

17 (E) the requirements relating to the ap18 proval of uranium in-situ leasing recovery and 

19 the licensing process required by the Nuclear 

20 Regulatory Commission; 

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

22 financial surety in ensuring the reclamation of 

23 Federal land and associated waters impacted by 

24 the development of uranium; and 


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1 (G) the efficacy of Federal law in pro2 tecting public health and safety and the envi3 ronment from impacts due to the development 

4 of uranium on Federal land. 

5 (c) RECOMMENDATIONS.—The study shall— 

6 (1) analyze the effectiveness of current Federal 

7 requirements applicable to the exploration, develop8 ment, and production of uranium on Federal land in 

9 allowing for the production of uranium while ensur10 ing protection of public health and safety and the 

11 environment; and 

12 (2) make recommendations as to changes, if 

13 any, to Federal law (including regulations) and 

14 agency procedures relating to the development of 

15 uranium resources on Federal land to allow for the 

16 production of uranium while ensuring protection of 

17 public health and safety and the environment, in18 cluding specific recommendations on whether— 

19 (A) future development of uranium on 

20 Federal land should be— 

21 (i) removed from operation of the 

22 Mining Law of 1872; and 

23 (ii) subject to leasing; 

24 (B) additional requirements (including ad25 ditional financial assurances or fees) should be 


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1 applicable to ensure reclamation of uranium 

2 mine sites, including abandoned uranium mine 

3 sites; and 

4 (C) whether additional land should be 

5 withdrawn from location and entry of uranium 

6 mining claims by the Secretary. 

7 (d) COMPLETION OF STUDY.—The National Acad8 emy of Sciences shall— 

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

10 enactment of this Act, submit the findings and rec11 ommendations of the study to the Secretary and the 

12 Secretary of Agriculture; and 

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

14 of the study available to the public. 

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

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

17 the Secretary of Agriculture, shall submit to the Com18 mittee on Energy and Natural Resources of the Senate 

19 and the Committee on Natural Resources of the House 

20 of Representatives a report on— 

21 (1) the findings and recommendations of the 

22 study; 

23 (2) the agreement or disagreement of the Secre24 taries with each of the findings and recommenda25 tions of the study; and 


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

2 those recommendations of the study that do not re3 quire legislation; or 

4 (B) if the Secretary declines to implement a 

5 recommendation, the justification for declining to 

6 implement the recommendation. 

7 SEC. 506. EFFECT. 

8 (a) SPECIAL APPLICATION OF GENERAL MINING

9 LAWS.— 

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

11 or modifies any Federal law (including regulations), 

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

13 enactment of this Act that prohibits or restricts the 

14 application of the general mining laws, including 

15 laws that provide for special management criteria for 

16 operations under the general mining laws as in ef17 fect before the date of enactment of this Act, and 

18 laws that provide protections of natural and cultural 

19 resources and the environment that are equal to or 

20 greater than the protections required under this Act. 

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

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

23 respect to claims and sites located or proposed to be 

24 located under this Act. 


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1 (3) MINERAL INVESTIGATIONS.—Nothing in 

2 this Act applies to or limits mineral investigations, 

3 studies, or other mineral activities conducted by any 

4 Federal or State agency acting in a governmental 

5 capacity under other authorities. 

6 (b) ENVIRONMENTAL LAWS.—Nothing in this Act af7 fects or limits any assessment, investigation, evaluation, 

8 or listing under— 

9 (1) the Comprehensive Environmental Re10 sponse, Compensation, and Liability Act of 1980 (42 

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

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

13 3251 et seq.). 

14 (c) EFFECT ON GENERAL MINING LAWS.— 

15 (1) IN GENERAL.—This Act supersedes the gen16 eral mining laws, except for the provisions of the 

17 general mining laws relating to the location of min18 ing claims that are not expressly modified by this 

19 Act. 

20 (2) LIMITATION.—Nothing in this Act super21 sedes, modifies, amends, or repeals any provision of 

22 Federal law not expressly superseded, modified, 

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

24 general mining laws. 

Æ 


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