I
107TH CONGRESS
2D SESSION
H. R. 4748
To modify the requirements applicable to locatable minerals on public domain
lands, consistent with the principles of self-initiation of mining claims,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 2002
Mr. RAHALL (for himself, Mr. SHAYS, Mr. GEORGE MILLER of California, Mr.
MARKEY, Mr. KIND, Mr. INSLEE, Mr. UDALL of New Mexico, Mr. UDALL
of Colorado, Mr. PALLONE, and Mr. FALEOMAVAEGA) introduced the fol-
lowing bill; which was referred to the Committee on Resources
A BILL
To modify the requirements applicable to locatable minerals
on public domain lands, consistent with the principles
of self-initiation of mining claims, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Mineral Exploration and Development Act of 2002’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Definitions and references.
TITLE I—MINERAL EXPLORATION AND DEVELOPMENT
Sec. 101. Lands open to location.
Sec. 102. Rights under this Act.
Sec. 103. Claim maintenance requirements.
Sec. 104. Location fee.
Sec. 105. Co-ownership.
Sec. 106. Other requirements.
Sec. 107. Fee adjustments.
Sec. 108. Use of fees.
Sec. 109. Prohibition.
Sec. 110. Failure to comply.
Sec. 111. Limitation on patents.
Sec. 112. Royalty.
TITLE II—ENVIRONMENTAL CONSIDERATIONS OF MINERAL
EXPLORATION AND DEVELOPMENT
Sec. 201. Surface management standard.
Sec. 202. Permits.
Sec. 203. Operations permit.
Sec. 204. Persons ineligible for permits.
Sec. 205. Financial assurance.
Sec. 206. Operation and reclamation.
Sec. 207. State law and regulation.
Sec. 208. Unsuitability review.
Sec. 209. Certain mineral activities covered by other law.
TITLE III—ABANDONED LOCATABLE MINERALS MINE
RECLAMATION FUND
Sec. 301. Abandoned Locatable Minerals Mine Reclamation.
Sec. 302. Use and objectives of the Fund.
Sec. 303. Eligible lands and waters.
Sec. 304. Fund expenditures.
Sec. 305. Authorization of appropriations.
TITLE IV—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
SUBTITLE A—ADMINISTRATIVE PROVISIONS
Sec. 401. Policy functions.
Sec. 402. User fees.
Sec. 403. Inspection and monitoring.
Sec. 404. Citizens suits.
Sec. 405. Administrative and judicial review.
Sec. 406. Enforcement.
Sec. 407. Regulations; effective dates.
SUBTITLE B—MISCELLANEOUS PROVISIONS
Sec. 411. Transitional rules; surface management requirements.
Sec. 412. Oil shale claims subject to special rules.
Sec. 413. Purchasing power adjustment.
Sec. 414. Savings clause.
Sec. 415. Availability of public records.
Sec. 416. Miscellaneous powers.
Sec. 417. Multiple mineral development and surface resources.
Sec. 418. Mineral materials.
Sec. 419. Application of Act to beneficiation and processing of non-Federal
minerals on Federal lands.
SEC. 2. DEFINITIONS AND REFERENCES.
(a) DEFINITIONS.—As used in this Act:
(1) The term ‘‘affiliate’’ means with respect to
any person, any of the following:
(A) Any person who controls, is controlled
by, or is under common control with such per-
son.
(B) Any partner of such person.
(C) Any person owning at least 10 percent
of the voting shares of such person.
(2) The term ‘‘applicant’’ means any person ap-
plying for a permit under this Act or a modification
to or a renewal of a permit under this Act.
(3) The term ‘‘beneficiation’’ means the crush-
ing and grinding of locatable mineral ore and such
processes as are employed to free the mineral from
other constituents, including but not necessarily lim-
ited to, physical and chemical separation techniques.
(4) The term ‘‘claim holder’’ means a person
holding a mining claim located or converted under
this Act. Such term may include an agent of a claim
holder.
(5) The term ‘‘control’’ means having the abil-
ity, directly or indirectly, to determine (without re-
gard to whether exercised through one or more cor-
porate structures) the manner in which an entity
conducts mineral activities, through any means, in-
cluding without limitation, ownership interest, au-
thority to commit the entity’s real or financial as-
sets, position as a director, officer, or partner of the
entity, or contractual arrangement. The Secretary
and the Secretary of Agriculture shall jointly pro-
mulgate such rules as may be necessary under this
paragraph.
(6) The term ‘‘exploration’’ means those tech-
niques employed to locate the presence of a locatable
mineral deposit and to establish its nature, position,
size, shape, grade and value not associated with min-
ing, beneficiation, processing or marketing of min-
erals.
(7) The term ‘‘Indian lands’’ means lands held
in trust for the benefit of an Indian tribe or indi-
vidual or held by an Indian tribe or individual sub-
ject to a restriction by the United States against
alienation.
(8) The term ‘‘Indian tribe’’ means any Indian
tribe, band, nation, pueblo, or other organized group
or community, including any Alaska Native village
or regional corporation as defined in or established
pursuant to the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 and following), which is recog-
nized as eligible for the special programs and serv-
ices provided by the United States to Indians be-
cause of their status as Indians.
(9) The term ‘‘land use plans’’ means those
plans required under section 202 of the Federal
Land Policy and Management Act of 1976 (43
U.S.C. 1712) or the land management plans for Na-
tional Forest System units required under section 6
of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604), whichever
is applicable.
(10) The term ‘‘legal subdivisions’’ means an
aliquot quarter quarter section of land as established
by the official records of the public land survey sys-
tem, or a single lot as established by the official
records of the public land survey system if the perti-
nent section is irregular and contains fractional lots,
as the case may be.
(11)(A) The term ‘‘locatable mineral’’ means
any mineral, the legal and beneficial title to which
remains in the United States and which is not sub-
ject to disposition under any of the following:
(i) The Mineral Leasing Act (30 U.S.C.
181 and following).
(ii) The Geothermal Steam Act of 1970
(30 U.S.C. 1001 and following).
(iii) The Act of July 31, 1947, commonly
known as the Materials Act of 1947 (30 U.S.C.
601 and following).
(iv) The Mineral Leasing for Acquired
Lands Act (30 U.S.C. 351 and following).
(B) The term ‘‘locatable mineral’’ does not in-
clude any mineral held in trust by the United States
for any Indian or Indian tribe, as defined in section
2 of the Indian Mineral Development Act of 1982
(25 U.S.C. 2101), or any mineral owned by any In-
dian or Indian tribe, as defined in that section, that
is subject to a restriction against alienation imposed
by the United States.
(12) The term ‘‘millsite claim’’ means a claim
to public land that—
(A) does not exceed 5 acres for each 20
acres of mining claim for a vein or lode;
(B) is noncontiguous to such vein or lode;
and
(C) is needed by a mining claim holder for
mining, milling, processing, beneficiation, or
other similar operations in connection with the
mining claim.
(13) The term ‘‘mineral activities’’ means any
activity on Federal lands for, related to, or inci-
dental to, mineral exploration, mining, beneficiation,
processing, or reclamation activities for any locatable
mineral.
(14) The term ‘‘minimize’’ means to reduce the
adverse impact of an operation to the lowest prac-
tical level.
(15) The term ‘‘mining’’ means the processes
employed for the extraction of a locatable mineral
from the earth.
(16) The term ‘‘National Conservation System
unit’’ means any unit of the National Park System,
National Wildlife Refuge System, National Wild and
Scenic Rivers System, National Trails System, or a
National Conservation Area, National Recreation
Area, a National Monument or any unit of the Na-
tional Wilderness Preservation System.
(17) The term ‘‘operator’’ means any person,
conducting mineral activities subject to this Act or
any agent of such a person.
(18) The term ‘‘person’’ means an individual,
Indian tribe, partnership, association, society, joint
venture, joint stock company, firm, company, cor-
poration, cooperative, or other organization and any
instrumentality of State or local government includ-
ing any publicly owned utility or publicly owned cor-
poration of State or local government.
(19) The term ‘‘processing’’ means processes
downstream of beneficiation employed to prepare
locatable mineral ore into the final marketable prod-
uct, including but not limited to, smelting and elec-
trolytic refining.
(20) The term ‘‘Secretary’’ means the Secretary
of the Interior, unless otherwise specified.
(21) The term ‘‘surface management require-
ments’’ means the requirements and standards of
title II, and such other standards as are established
by the Secretary governing mineral activities pursu-
ant to this Act.
(b) REFERENCES.—(1) Any reference in this Act to
the term ‘‘general mining laws’’ is a reference to those
Acts which generally comprise chapters 2, 12A, and 16,
and sections 161 and 162 of title 30 of the United States
Code.
(2) Any reference in this Act to the ‘‘Act of July 23,
1955’’, is a reference to the Act of July 23, 1955, entitled
‘‘An Act to amend the Act of July 31, 1947 (61 Stat.
681) and the mining laws to provide for multiple use of
the surface of the same tracts of the public lands, and
for other purposes’’ (30 U.S.C. 601 and following).
TITLE 
I—MINERAL 
EXPLO-
RATION AND DEVELOPMENT
SEC. 101. LANDS OPEN TO LOCATION.
(a) LANDS OPEN TO LOCATION.—Except as provided
in subsection (b), mining claims may be located under this
Act on lands and interests in lands owned by the United
States if—
(1) such lands and interests were open to the
location of mining claims under the general mining
laws on the date of enactment of this Act; or
(2) such lands and interests are opened to the
location of mining claims after the date of enact-
ment of this Act by reason of any administrative ac-
tion or statute.
(b) LANDS NOT OPEN TO LOCATION.—
(1) IN GENERAL.—Notwithstanding any other
provision of law and subject to valid existing rights,
each of the following shall not be open to the loca-
tion of mining claims under this Act on or after the
date of enactment of this Act:
(A) Lands recommended for wilderness
designation by the agency managing the sur-
face, pending a final determination by the Con-
gress of the status of such recommended lands,
or otherwise being managed as roadless areas
under an applicable land use plan.
(B) Lands being managed by the Sec-
retary, acting through Bureau of Land Manage-
ment, as wilderness study areas or National
Monuments on the date of enactment of this
Act except where the location of mining claims
is specifically allowed to continue by the statute
designating the study area, pending a final de-
termination by the Congress of the status of
such lands.
(C) Lands that are—
(i) in designated Wild and Scenic Riv-
ers and under study for inclusion in the
National Wild and Scenic River System
pursuant to section 5(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1276(a)),
pending a final determination by the Con-
gress of the status of such lands;
(ii) determined by a Federal agency
under section 5(d) of such Act (16 U.S.C.
1276(d)) to be eligible for inclusion in such
system, pending a final determination by
the Congress of the status of such lands;
or
(iii) designated Wild and Scenic Riv-
ers that have been withdrawn from mineral
entry by action of the Secretary of the In-
terior.
(D) Lands withdrawn or segregated from
mineral entry under authority of other law.
(E) Lands designated as Areas of Critical
Environmental Concern.
(F) Lands identified as ‘‘sacred sites’’ in
accordance with Executive Order 13007.
(2) DEFINITIONS.—(A) As used in this sub-
section, the term ‘‘valid existing rights’’ means a
mining claim or millsite claim located on lands de-
scribed in paragraph (1) of subsection (a), that—
(i) was properly located and maintained
under this Act prior to and on the applicable
date, or
(ii) was properly located and maintained
under the general mining laws prior to the ap-
plicable date, and
(I) was supported by a discovery of a
valuable mineral deposit within the mean-
ing of the general mining laws on the ap-
plicable date, or satisfies the limitations
under existing law for millsite claims, and
(II) continues to be valid under this
Act.
(B) As used in this paragraph, the term ‘‘appli-
cable date’’ means one of the following:
(i) In the case of lands described in para-
graph (1)(A), such term means the date of the
recommendation referred to in paragraph
(1)(A) if such recommendation is made on or
after the date of the enactment of this Act.
(ii) In the case of lands described in para-
graph (1)(A), if the recommendation referred to
in paragraph (1)(A) was made before the date
of the enactment of this Act, such term means
the earlier of (I) the date of enactment of this
Act or (II) the date of any withdrawal of such
lands from mineral activities.
(iii) For lands described in paragraph
(1)(B), such term means the date of the enact-
ment of this Act.
(iv) For lands referred to in paragraph
(1)(C)(i) and (1)(C)(iii), such term means the
date of the enactment of the amendment to the
Wild and Scenic Rivers Act listing the river seg-
ment for study and for lands referred to in
paragraph (1)(C)(ii), such term means the date
of the eligibility determination.
(v) For lands referred to in paragraph
(1)(D), such term means the date of the with-
drawal.
SEC. 102. RIGHTS UNDER THIS ACT.
The holder of a mining claim located under the gen-
eral mining laws and maintained in compliance with this
Act shall have the exclusive right of possession and use
of the claimed land for mineral activities, including the
right of ingress and egress to such claimed lands for such
activities, subject to the rights of the United States under
this Act and other applicable Federal law. Such rights of
the claim holder shall terminate upon completion of min-
eral activities of lands to the satisfaction of the Secretary.
In cases where an area is determined unsuitable under
section 208, holders of claims located under the general
mining laws shall be entitled to receive a refund of claim
maintenance fees.
SEC. 103. CLAIM MAINTENANCE REQUIREMENTS.
(a) CLAIM MAINTENANCE FEE.—Except as provided
in subsections (c), (d), and (e), the holder of each
unpatented mining claim, mill, or tunnel site located pur-
suant to the general mining laws, whether located before
or after the enactment of this Act, shall pay to the Sec-
retary, on or before August 31 of each year, a claim main-
tenance fee of $100 per claim. Such claim maintenance
fee shall be in lieu of the assessment work requirement
contained in the general mining laws and the related filing
requirements contained in section 314(a) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1744(a)).
(b) TIME OF PAYMENT.—The claim maintenance fee
payable pursuant to subsection (a) for any assessment
year (as defined under the general mining laws) shall be
paid before the commencement of the assessment year.
(c) OIL SHALE CLAIMS SUBJECT TO CLAIM MAINTE-
NANCE FEES UNDER ENERGY POLICY ACT OF 1992.—
This section shall not apply to any oil shale claims for
which a fee is required to be paid under section 2511(e)(2)
of the Energy Policy Act of 1992 (106 Stat. 3111; 30
U.S.C. 242).
(d) WAIVER FOR PATENT APPLICANTS.—The Sec-
retary may waive the claim maintenance fee required
under this section for a claimant who certifies in writing
to the Secretary that on the date the payment was due,
the claimant and all related parties—
(1) had filed a patent application with the Sec-
retary on or before September 30, 1994; and
(2) had fully complied with all requirements es-
tablished under sections 2325 and 2326 of the Re-
vised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims and sections 2329, 2330, 2331, and
2333 of the Revised Statutes (30 U.S.C. 35, 36, and
37) for placer claims, and section 2337 of the Re-
vised Statutes (30 U.S.C. 42) for millsite claims, by
that date.
(e) EXCEPTIONS FOR CLAIMANTS HOLDING 10 OR
FEWER MINING CLAIMS.—
(1) IN GENERAL.—A claimant may elect to per-
form the assessment work required under the gen-
eral mining laws in lieu of paying the maintenance
fee required under this section if the claimant cer-
tifies in writing to the Secretary that on the date the
payment was due, the claimant and all related
parties—
(A) are producing hard rock minerals
under a valid notice or plan of operation which
production results in not less than $1,500 and
not more than $800,000 in gross revenues per
year from a total of 10 or fewer claims;
(B) are performing exploration work to
disclose, expose, or otherwise make known pos-
sible valuable mineralization on a total of 10 or
fewer claims under a valid notice or plan of op-
eration; and
(C) have less than 10 acres of unreclaimed
surface disturbance from such mining activity
or such exploration work.
(2) CLAIMANTS ELECTING TO DO ASSESSMENT
WORK.—A claimant holding 10 or fewer mining
claims, who elects to do the assessment work re-
quired by the general mining laws in lieu of paying
the claim maintenance fee required under this sec-
tion shall be required to meet the filing requirements
of section 314(a) and (c) of the Federal Land Policy
and Management Act (43 U.S.C. 1744(a) and (c))
on such 10 or fewer claims and shall certify the per-
formance of such assessment work to the Secretary
by August 31 of each year.
(f) CO-OWNERSHIP.—Upon the failure of any one or
more of several co-claimants to contribute such co-claim-
ant or claimants’ portion of the fee under this section, any
co-claimant who has paid such fee may, after the payment
due date, give the delinquent co-claimant or claimants no-
tice of such failure in writing (or by publication in the
newspaper nearest the claim for at least once a week for
at least 90 days). If at the expiration of 90 days after
such notice in writing or by publication, any delinquent
co-claimant fails or refuses to contribute the co-claimant’s
portion, the co-claimant’s interest in the claim shall be-
come the property of the co-claimants who have paid the
required fee.
(g) FUND.—All moneys received by the United States
under this section shall be deposited in the Abandoned
Locatable Minerals Mine Reclamation Fund established
under title III.
(h) CREDIT AGAINST ROYALTY.—The amount of the
annual claim maintenance fee required to be paid under
this section for any claim for any period shall be credited
against the amount of royalty required to be paid under
section 112 for the same period with respect to that claim.
(i) DEFINITIONS.—For purposes of this section:
(1) With respect to any claimant, the term ‘‘re-
lated party’’ means—
(A) the spouse and dependent children (as
defined in section 152 of the Internal Revenue
Code of 1986), of the claimant; and
(B) any affiliate of the claimant, including
a person who controls, is controlled by, or is
under common control with the claimant.
(2) The term ‘‘control’’ includes actual control,
legal control, and the power to exercise control,
through or by common directors, officers, stock-
holders, a voting trust, or a holding company or in-
vestment company, or any other means.
SEC. 104. LOCATION FEE.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, for every unpatented mining claim, mill, or
tunnel site located after the date of enactment of this Act,
pursuant to the general mining laws, the locator shall, at
the time the location notice is recorded with the Bureau
of Land Management, pay to the Secretary a location fee,
in addition to the claim maintenance fee required by sec-
tion 103, of $25.00 per claim.
(b) TIME OF PAYMENT.—The location fee imposed
under subsection (a) shall be payable not later than 90
days after the date of location.
SEC. 105. CO-OWNERSHIP.
The co-ownership provisions of the general mining
laws shall remain in effect, except that in applying such
provisions, the annual claim maintenance fee required
under this title shall, where applicable, replace applicable
assessment requirements and expenditures.
SEC. 106. OTHER REQUIREMENTS.
Nothing in this title shall change or modify the re-
quirements of section 314(b) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1744(b)), re-
lated to filings required by section 314(b), and such re-
quirements shall remain in effect with respect to claims
and mill or tunnel sites for which fees are required to be
paid under this section.
SEC. 107. FEE ADJUSTMENTS.
(a) INFLATION ADJUSTMENTS.—The Secretary of
the Interior shall adjust the fees required by this section
to reflect changes in the Consumer Price Index published
by the Bureau of Labor Statistics of the Department of
Labor, every 5 years after the date of the enactment of
this Act or more frequently if the Secretary determines
an adjustment to be reasonable.
(b) NOTICE.—The Secretary shall provide claimants
notice of any adjustment made under this section not later
than July 1 of any year in which the adjustment is made.
(c) APPLICATION OF ADJUSTMENT.—A fee adjust-
ment under this section shall begin to apply during the
first assessment year (as defined under the general mining
laws) that begins at noon on the first day of September
after the adjustment is made.
SEC. 108. USE OF FEES.
All moneys received by the United States under this
title shall be deposited in the Abandoned Locatable Min-
erals Mine Reclamation Fund established under title III.
SEC. 109. PROHIBITION.
If the Secretary prohibits the use of a mining claim
for mineral activities pursuant to section 208 of this Act
(relating to unsuitability), the provisions of sections 101
through 107 shall no longer apply with respect to that
claim.
SEC. 110. FAILURE TO COMPLY.
(a) FORFEITURE.—The failure of the claim holder to
file the notice of location, to pay the location fee, or to
comply with the claim maintenance provisions of section
103 for a mining claim as required by this title shall be
deemed conclusively to constitute forfeiture of the mining
claim by operation of law. Forfeiture shall not relieve any
person of any obligation created under this Act, including
reclamation.
(b) PROHIBITION.—No claim holder may locate a new
claim on the lands such claim holder included in a for-
feited claim for 2 years from the date such claim is
deemed forfeited.
(c) RELINQUISHMENT.—A claim holder deciding not
to pursue mineral activities on a claim may relinquish such
claim by notifying the Secretary. A claim holder relin-
quishing a claim is responsible for reclamation as required
by section 206 of this Act and all other applicable require-
ments. A claim holder who relinquishes a claim shall not
be subject to the prohibition of subsection (b) of this sec-
tion unless the Secretary determines that the claim is
being relinquished and relocated for the purpose of avoid-
ing compliance with any provision of this Act, including
payment of the claim maintenance fee.
SEC. 111. LIMITATION ON PATENTS.
(a) MINING CLAIMS.—
(1) DETERMINATIONS
REQUIRED.—After the
date of enactment of this Act, no patent shall be
issued by the United States for any mining claim lo-
cated under the general mining laws unless the Sec-
retary determines that, for the claim concerned—
(A) a patent application was filed with the
Secretary on or before September 30, 1994;
and
(B) all requirements established under sec-
tions 2325 and 2326 of the Revised Statutes
(30 U.S.C. 29 and 30) for vein or lode claims
and sections 2329, 2330, 2331, and 2333 of
the Revised Statutes (30 U.S.C. 35, 36, and
37) for placer claims were fully complied with
by that date.
(2) RIGHT TO PATENT.—If the Secretary makes
the determinations referred to in subparagraphs (A)
and (B) of paragraph (1) for any mining claim, the
holder of the claim shall be entitled to the issuance
of a patent in the same manner and degree to which
such claim holder would have been entitled to prior
to the enactment of this Act, unless and until such
determinations are withdrawn or invalidated by the
Secretary or by a court of the United States.
(b) MILLSITE CLAIMS.—
(1) DETERMINATIONS
REQUIRED.—After the
date of enactment of this Act, no patent shall be
issued by the United States for any millsite claim lo-
cated under the general mining laws unless the Sec-
retary determines that for the millsite concerned—
(A) a patent application for such land was
filed with the Secretary on or before September
30, 1994; and
controls such claim holder or operator shall be jointly and
severally liable for payment of such royalties.
(b) DUTIES OF CLAIM HOLDERS, OPERATORS, AND
TRANSPORTERS.—(1) A person—
(A) who is required to make any royalty pay-
ment under this section shall make such payments
to the United States at such times and in such man-
ner as the Secretary may by rule prescribe; and
(B) shall notify the Secretary, in the time and
manner as may be specified by the Secretary, of any
assignment that such person may have made of the
obligation to make any royalty or other payment
under a mining claim.
(2) Any person paying royalties under this section
shall file a written instrument, together with the first roy-
alty payment, affirming that such person is liable to the
Secretary for making proper payments for all amounts due
for all time periods for which such person has a payment
responsibility. Such liability for the period referred to in
the preceding sentence shall include any and all additional
amounts billed by the Secretary and determined to be due
by final agency or judicial action. Any person liable for
royalty payments under this section who assigns any pay-
ment obligation shall remain jointly and severally liable
for all royalty payments due for the claim for the period.
(3) A person conducting mineral activities shall—
(A) develop and comply with the site security
provisions in operations permit designed to protect
from theft the locatable minerals, concentrates or
products derived therefrom which are produced or
stored on a mining claim, and such provisions shall
conform with such minimum standards as the Sec-
retary may prescribe by rule, taking into account the
variety of circumstances on mining claims; and
(B) not later than the 5th business day after
production begins anywhere on a mining claim, or
production resumes after more than 90 days after
production was suspended, notify the Secretary, in
the manner prescribed by the Secretary, of the date
on which such production has begun or resumed.
(4) The Secretary may by rule require any person en-
gaged in transporting a locatable mineral, concentrate, or
product derived therefrom to carry on his or her person,
in his or her vehicle, or in his or her immediate control,
documentation showing, at a minimum, the amount, ori-
gin, and intended destination of the locatable mineral, con-
centrate, or product derived therefrom in such cir-
cumstances as the Secretary determines is appropriate.
(c) RECORDKEEPING
AND REPORTING REQUIRE-
MENTS.—(1) A claim holder, operator, or other person di-
rectly involved in developing, producing, processing, trans-
porting, purchasing, or selling locatable minerals, con-
centrates, or products derived therefrom, subject to this
Act, through the point of royalty computation shall estab-
lish and maintain any records, make any reports, and pro-
vide any information that the Secretary may reasonably
require for the purposes of implementing this section or
determining compliance with rules or orders under this
section. Such records shall include, but not be limited to,
periodic reports, records, documents, and other data. Such
reports may also include, but not be limited to, pertinent
technical and financial data relating to the quantity, qual-
ity, composition volume, weight, and assay of all minerals
extracted from the mining claim. Upon the request of any
officer or employee duly designated by the Secretary or
any State conducting an audit or investigation pursuant
to this section, the appropriate records, reports, or infor-
mation which may be required by this section shall be
made available for inspection and duplication by such offi-
cer or employee or State.
(2) Records required by the Secretary under this sec-
tion shall be maintained for 6 years after release of finan-
cial assurance under section 205 unless the Secretary noti-
fies the operator that the Secretary has initiated an audit
or investigation involving such records and that such
records must be maintained for a longer period. In any
case when an audit or investigation is underway, records
shall be maintained until the Secretary releases the oper-
ator of the obligation to maintain such records.
(d) AUDITS.—The Secretary is authorized to conduct
such audits of all claim holders, operators, transporters,
purchasers, processors, or other persons directly or indi-
rectly involved in the production or sales of minerals cov-
ered by this Act, as the Secretary deems necessary for the
purposes of ensuring compliance with the requirements of
this section. For purposes of performing such audits, the
Secretary shall, at reasonable times and upon request,
have access to, and may copy, all books, papers and other
documents that relate to compliance with any provision
of this section by any person.
(e) COOPERATIVE AGREEMENTS.—(1) The Secretary
is authorized to enter into cooperative agreements with the
Secretary of Agriculture to share information concerning
the royalty management of locatable minerals, con-
centrates, or products derived therefrom, to carry out in-
spection, auditing, investigation, or enforcement (not in-
cluding the collection of royalties, civil or criminal pen-
alties, or other payments) activities under this section in
cooperation with the Secretary, and to carry out any other
activity described in this section.
(2) Except as provided in paragraph (3)(A) of this
subsection (relating to trade secrets), and pursuant to a
cooperative agreement, the Secretary of Agriculture shall,
upon request, have access to all royalty accounting infor-
mation in the possession of the Secretary respecting the
production, removal, or sale of locatable minerals, con-
centrates, or products derived therefrom from claims on
lands open to location under this Act.
(3) Trade secrets, proprietary, and other confidential
information shall be made available by the Secretary pur-
suant to a cooperative agreement under this subsection to
the Secretary of Agriculture upon request only if—
(A) the Secretary of Agriculture consents in
writing to restrict the dissemination of the informa-
tion to those who are directly involved in an audit
or investigation under this section and who have a
need to know;
(B) the Secretary of Agriculture accepts liabil-
ity for wrongful disclosure; and
(C) the Secretary of Agriculture demonstrates
that such information is essential to the conduct of
an audit or investigation under this subsection.
(f) INTEREST AND SUBSTANTIAL UNDERREPORTING
ASSESSMENTS.—(1) In the case of mining claims where
royalty payments are not received by the Secretary on the
date that such payments are due, the Secretary shall
charge interest on such underpayments at the same inter-
est rate as is applicable under section 6621(a)(2) of the
Internal Revenue Code of 1986. In the case of an under-
payment, interest shall be computed and charged only on
the amount of the deficiency and not on the total amount.
(2) If there is any underreporting of royalty owed on
production from a claim for any production month by any
person liable for royalty payments under this section, the
Secretary may assess a penalty of 10 percent of the
amount of that underreporting.
(3) If there is a substantial underreporting of royalty
owed on production from a claim for any production
month by any person liable for the royalty, the Secretary
may assess a penalty of 25 percent of the amount of that
underreporting.
(4) For the purposes of this subsection, the term
‘‘underreporting’’ means the difference between the roy-
alty on the value of the production which should have been
reported and the royalty on the value of the production
which was reported, if the value which should have been
reported is greater than the value which was reported. An
underreporting constitutes a ‘‘substantial underreporting’’
if such difference exceeds 10 percent of the royalty on the
value of production which should have been reported.
(7) All penalties collected under this subsection shall
be deposited in the Abandoned Locatable Minerals Mine
Reclamation Fund established under title III.
(g) DELEGATION.—For the purposes of this section,
the term ‘‘Secretary’’ means the Secretary of the Interior
acting through the Director of the Minerals Management
Service.
(h) EXPANDED ROYALTY OBLIGATIONS.—Each per-
son liable for royalty payments under this section shall
be jointly and severally liable for royalty on all locatable
minerals, concentrates, or products derived therefrom lost
or wasted from a mining claim located under the general
mining laws and maintained in compliance with this Act
when such loss or waste is due to negligence on the part
of any person or due to the failure to comply with any
rule, regulation, or order issued under this section.
(i) NET SMELTER RETURN DEFINED.—For the pur-
poses of this section, for any locatable mineral, the term
‘‘net smelter return’’ has the same meaning as the term
‘‘gross income’’ in section 613(c)(1) of the Internal Rev-
enue Code of 1986.
(j) EFFECTIVE DATE.—The royalty under this sec-
tion shall take effect with respect to the production of
locatable minerals after the enactment of this Act, but any
royalty payments attributable to production during the
first 12 calendar months after the enactment of this Act
shall be payable at the expiration of such 12-month period.
(k) FAILURE TO COMPLY WITH ROYALTY REQUIRE-
MENTS.—Any person who fails to comply with the require-
ments of this section or any regulation or order issued to
implement this section shall be liable for a civil penalty
under section 109 of the Federal Oil and Gas Royalty
Management Act (30 U.S.C. 1719) to the same extent as
if the claim located under the general mining laws and
maintained in compliance with this Act were a lease under
that Act.
TITLE 
II—ENVIRONMENTAL
CONSIDERATIONS 
OF 
MIN-
ERAL EXPLORATION AND DE-
VELOPMENT
SEC. 201. SURFACE MANAGEMENT STANDARD.
Notwithstanding any other provision of law, and in
accordance with this title and applicable law, the Secretary
shall require that mineral activities on Federal lands con-
ducted by any person shall minimize adverse impacts to
the environment.
SEC. 202. PERMITS.
(a) PERMITS REQUIRED.—No person may engage in
mineral activities on Federal lands that may cause a dis-
turbance of surface resources, including but not limited
to land, air, ground water and surface water, and fish and
wildlife, unless—
(1) the claim was properly located or converted
under this Act and properly maintained; and
(2) a permit was issued to such person under
this title authorizing such activities.
(b) NEGLIGIBLE DISTURBANCE.—Notwithstanding
subsection (a)(2), a permit under this title shall not be
required for mineral activities that are a casual use of the
public lands, including the collection of geochemical, rock,
soil, or mineral specimens using hand tools; and hand pan-
ning. Casual use does not include—
(1) the use of mechanized earth moving equip-
ment, suction dredging, explosives;
(2) the use of motor vehicles in areas closed to
off-road vehicles; and
(3) the construction of roads, drill pads, or the
use of toxic or hazardous materials.
SEC. 203. OPERATIONS PERMIT.
(a) OPERATIONS PERMIT.—Any claim holder may
apply to the Secretary, or for National Forest System
lands, the Secretary of Agriculture, for an operations per-
mit authorizing the claim holder to carry out mineral ac-
tivities on Federal lands for any activity greater than cas-
ual use (as that term is used in section 202(b)). If the
Secretary decides to issue such permit, the permit shall
include such terms and conditions as prescribed by such
Secretary to carry out this title.
(b) PERMIT APPLICATION REQUIREMENTS.—An ap-
plication for an operations permit under this section shall
be submitted in a manner satisfactory to the Secretary
concerned and shall contain an operations plan, a reclama-
tion plan, such documentation as necessary to ensure com-
pliance with applicable Federal and State environmental
laws and regulations, and each of the following:
(1) An identification of the mining claims that
will be subject to the plan of operations.
(2) The name, mailing address, and social secu-
rity number or tax identification number, as applica-
ble, of each of the following:
(A) The applicant for the permit and any
agent of the applicant.
(B) The operator (if different than the ap-
plicant) of the claim concerned.
(C) Each claim holder (if different than
the applicant) of the claim concerned.
(D) Each affiliate and each officer or di-
rector of the applicant.
(3) A statement of whether a person referred to
in subparagraphs (A) through (D) of paragraph (2)
is currently in violation of, or was, during the 3-
year period preceding the date of application, found
to be in violation of any of the following and if so,
a brief explanation of the facts involved, including
identification of the site and the nature of the viola-
tion:
(A) Any provision of this Act or any regu-
lation under this Act.
(B) Any applicable toxic substance, solid
waste, air, water quality, or fish and wildlife
conservation law or regulation at any site where
mining, beneficiation, or processing activities
are occurring or have occurred.
(C) The Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1201 and fol-
lowing) or the Mineral Leasing Act (30 U.S.C.
181 and following) or any regulation under
those Acts at any site where surface coal min-
ing operations have occurred or are occurring.
(4) A statement of any current or previous per-
mits or plans of operations issued under the Surface
Mining Control and Reclamation Act of 1977 (30
U.S.C. 1201 and following) or the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1701 and following).
(5) A description of the type and method of
mineral activities proposed, the engineering tech-
niques proposed to be used, and the equipment pro-
posed to be used.
(6) The anticipated starting and termination
dates of each phase of the mineral activities pro-
posed, including any planned temporary cessation of
operations.
(7) Maps, to an appropriate scale, clearly show-
ing the lands, watersheds, and surface waters, to be
affected by the proposed mineral activities; surface
and mineral ownership; facilities, including roads
and other man-made structures; proposed disturb-
ances; soils and vegetation; topography; and water
supply intakes and surface water bodies.
(8) A description of the biological resources in
or associated with the area subject to mineral activi-
ties, including vegetation, fish and wildlife, and ri-
parian and wetland habitats.
(9) A description of measures planned to ex-
clude fish and wildlife resources from the area sub-
ject to mineral activities by covering, containment,
or fencing of open waters, beneficiation, and proc-
essing materials; or maintenance of all facilities in a
condition that is not harmful to fish and wildlife.
(10) A description of the quantity and quality
of surface and ground water resources in or associ-
ated with the area subject to mineral activities,
based on predisturbance monitoring sufficient to es-
tablish seasonal variations.
(11) An analysis of the probable hydrologic con-
sequences of the mineral activities, both on and off
the area subject to mineral activities, with respect to
the hydrologic regime, quantity and quality of water
in surface and ground water systems including the
dissolved and suspended solids under seasonal flow
conditions and the collection of sufficient data for
the mine site and surrounding areas so that an as-
sessment can be made by the Secretary concerned of
the probable cumulative impacts of the anticipated
mineral activities in the area upon the hydrology of
the area and particularly upon water availability and
quality.
(12) A description of the monitoring systems to
be used to detect and determine whether compliance
has and is occurring consistent with the surface
management requirements, including the type and
location of monitoring devices, sampling parameters
and frequency, analytical methods, reporting proce-
dures, and procedures to respond to reporting re-
sults, which will monitor the effects of mineral ac-
tivities on the site and surrounding environment, in-
cluding but not limited to, ground water, surface
water, air, soils, and fish and wildlife resources.
(13) Accident contingency plans that include,
but are not limited to, immediate response strategies
and corrective measures to mitigate environmental
impacts and appropriate insurance to cover accident
contingencies.
(14) Any measures to comply with any condi-
tions on minerals activities that are required in the
applicable land use plan or any condition stipulated
pursuant to section 208.
(15) Information determined necessary by the
Secretary concerned to assess the cumulative im-
pacts of mineral activities, as required to comply
with the National Environmental Policy Act of 1969,
if impacts of the proposed mineral activities are ad-
ditions to the impacts associated with other mineral
activities.
(16) Such other environmental baseline data as
the Secretaries, by joint regulation, shall require suf-
ficient to validate the determinations required for
issuance of a permit under this Act.
(17) Evidence of appropriate financial assur-
ance as specified in section 205.
(18) A description of the site security provisions
designed to protect from theft the locatable min-
erals, concentrates, or products derived therefrom
that will be produced or stored on a mining claim.
(19) A full characterization of soils and geology
in the area to be affected by mineral activities.
(20) A demonstration that the mining claim is
economically valuable for development, taking into
account the costs of compliance with this Act and
other applicable law.
(21) A copy of the applicant’s advertisement to
be published as required by subsection (k).
(c) OPERATION AND RECLAMATION PLAN APPLICA-
TION REQUIREMENTS.—The operation and reclamation
plan referred to in subsection (b) shall include such rec-
lamation measures as prescribed by the Secretary, or for
National Forest System lands the Secretary of Agri-
culture, and each of the following:
(1) A description of the condition of the land,
including the fish and wildlife resources and habitat
contained thereon, subject to the permit prior to the
commencement of any mineral activities.
(2) A description of operation and reclamation
measures proposed pursuant to the requirements of
section 206.
(3) The engineering techniques to be used in
operation and reclamation and the equipment pro-
posed to be used.
(4) The anticipated starting and termination
dates of each phase of the reclamation proposed.
(5) A description of the proposed condition of
the land, including the fish and wildlife resources
and habitat contained thereon, following the comple-
tion of reclamation.
(6) A description of the maintenance measures
that will be necessary to meet the surface manage-
ment requirements of this Act, such as, but not lim-
ited to, drainage water treatment facilities, or liner
maintenance and control.
(7) The consideration which has been given to
making the condition of the land after the comple-
tion of mineral activities and final reclamation con-
sistent with the applicable land use plan.
(d) PERMIT ISSUANCE OR DENIAL.—(1) After pro-
viding notice and opportunity for public comment and
hearing pursuant to subsection (k), the Secretary, or for
National Forest System lands the Secretary of Agri-
culture, shall issue an operations permit if such Secretary
makes each of the following determinations in writing, and
such Secretary shall deny a permit which he or she finds
does not fully meet the requirements of this paragraph:
(A) The permit application, operations plan,
and reclamation plan are complete and accurate.
(B) The applicant has demonstrated that the
proposed reclamation in the operation and reclama-
tion plan can be accomplished.
(C) The condition of the land including the fish
and wildlife resources and habitat contained thereon,
after the completion of mineral activities and final
reclamation, conforms to the land use plan applica-
ble to the area subject to mineral activities and are
returned to a productive use.
(D) The area subject to the proposed plan is
not included within an area designated unsuitable or
not open to location for the types of mineral activi-
ties proposed.
(E) The applicant has obtained the necessary
Federal, State, and local permits to demonstrate
that the mineral activities will be in compliance with
this Act and all other applicable Federal require-
ments, and any State requirements agreed to by the
appropriate Secretary pursuant to cooperative agree-
ments under section 207 and local land use and zon-
ing requirements.
(F) The assessment of the probable cumulative
impact of all anticipated mining in the area on the
hydrologic balance specified in subsections (b)(10)
and (11) have been made and the proposed oper-
ation has been designed to minimize disturbances to
the prevailing hydrologic balance of the permit area.
(G) The applicant has fully complied with the
requirements of section 205 (relating to financial as-
surance) and is not ineligible to receive a permit
under section 204.
(2) Issuance of an operations permit under this sec-
tion shall be based on information supplied by the appli-
cant or other interested parties and the applicant shall
have the burden of establishing that the application com-
plies with paragraph (1).
(3) With respect to any activities specified in the rec-
lamation plan referred to in subsection (b) which con-
stitute a removal or remedial action under section 101 of
the Comprehensive Environmental Response, Compensa-
tion and Liability Act of 1980, the Secretary shall consult
with the Administrator of the Environmental Protection
Agency prior to the issuance of an operations permit. To
the extent practicable, the Administrator shall ensure that
the reclamation plan does not require activities which
would increase the costs or likelihood of removal or reme-
dial actions under Comprehensive Environmental Re-
sponse, Compensation and Liability Act of 1980 or correc-
tive actions under the Solid Waste Disposal Act.
(e) TERM OF PERMIT; RENEWAL.—(1) An operations
permit shall be for a stated term. The term shall be no
greater than that necessary to accomplish the proposed
mineral activities subject to the permit, and in no case
for more than 10 years, unless the applicant demonstrates
to the satisfaction of the Secretary, or for National Forest
System lands the Secretary of Agriculture, that a specified
longer term is reasonably needed for such mineral activi-
ties.
(2) Failure by the operator to commence mineral ac-
tivities within one year of the date scheduled in an oper-
ations permit shall require a modification of the permit
unless the Secretary concerned determines that the delay
was beyond the control of the applicant.
(3) An operations permit shall carry with it the right
of successive renewal upon expiration only with respect to
operations on areas within the boundaries of the existing
permit as issued. A renewal of such permit shall not be
issued if such Secretary determines, in writing, any of the
following:
(f) PERMIT MODIFICATION.—(1) During the term of
an operations permit the operator may submit an applica-
tion to modify the permit (including the operations plan
or reclamation plan, or both). To approve a proposed
modification, the Secretary, or for National Forest System
lands the Secretary of Agriculture, shall make the same
determinations as are required in the case of an original
operations permit, except that the Secretaries may estab-
lish joint rules regarding the extent to which requirements
for original permits under this section shall apply to appli-
cations to modify a permit based on whether such modi-
fications are deemed significant or minor. Such rules shall
provide that all requirements applicable to a new permit
shall apply to any extension of the area covered by the
permit (except for incidental boundary revisions).
(2) The Secretary, or for National Forest System
lands the Secretary of Agriculture, may, at any time, re-
quire reasonable modification to any operations plan or
reclamation plan upon a determination that the require-
ments of this Act cannot be met if the plan is followed
as approved. Such determination shall be based on a writ-
ten finding and subject to notice and hearing requirements
established by the Secretary concerned.
(3) A permit modification is required before changes
are made to the approved plan of operations, or if unan-
ticipated events or conditions exist on the mine site, in-
cluding in the case of—
(A) development of acid or toxic drainage;
(B) loss of springs or water supplies;
(C) the need for long-term water treatment;
(D) reclamation failure;
(E) the discovery of significant scientific, cul-
tural, or biological resources that were not addressed
in the original plan; or
(F) the discovery of hazards to public safety.
(g) TEMPORARY CESSATION OF OPERATIONS.—(1)
An operator conducting mineral activities under an oper-
ations permit in effect under this title may not cease min-
eral activities for a period of 180 days or more under an
operations permit unless the Secretary concerned has ap-
proved such temporary cessation or unless the temporary
cessation is permitted under the original permit. Any oper-
ator temporarily ceasing mineral activities for a period of
180 days or more under an existing operations permit
shall submit, before the expiration of such 180-day period,
a complete application for temporary cessation of oper-
ations to the Secretary concerned for approval unless the
temporary cessation is permitted under the original per-
mit.
(2) An application for approval of temporary ces-
sation of operations shall include such information re-
quired under subsection (b) and any other provisions pre-
scribed by the Secretary concerned to minimize impacts
on the environment. After receipt of a complete applica-
tion for temporary cessation of operations such Secretary
shall conduct an inspection of the area for which tem-
porary cessation of operations has been requested.
(3) To approve an application for temporary ces-
sation of operations, the Secretary concerned shall make
each of the following determinations:
(A) A determination that the methods for se-
curing surface facilities and restricting access to the
permit area, or relevant portions thereof, will effec-
tively ensure against hazards to the health and safe-
ty of the public and fish and wildlife.
(B) A determination that reclamation is in com-
pliance with the approved reclamation plan, except
in those areas specifically designated in the applica-
tion for temporary cessation of operations for which
a delay in meeting such standards is necessary to fa-
cilitate the resumption of operations.
(C) A determination that the amount of finan-
cial assurance filed with the permit application is
sufficient to assure completion of the reclamation ac-
tivities identified in the approved reclamation plan in
the event of forfeiture.
(D) A determination that any outstanding no-
tices of violation and cessation orders incurred in
connection with the plan for which temporary ces-
sation is being requested are either stayed pursuant
to an administrative or judicial appeal proceeding or
are in the process of being abated to the satisfaction
of the Secretary concerned.
(h) PERMIT REVIEWS.—The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture,
shall review each permit issued under this section every
3 years during the term of such permit, shall provide pub-
lic notice of the permit review, and, based upon a written
finding, such Secretary shall require the operator to take
such actions as the Secretary deems necessary to assure
that mineral activities conform to the permit, including
adjustment of financial assurance requirements.
(i) FEES.—Each application for a permit pursuant
to this section shall be accompanied by a fee payable to
the Secretary or for the National Forest System, the Sec-
retary of Agriculture, in such amount as may be estab-
lished by such Secretary, or for National Forest System
lands by the Secretary of Agriculture. Such amount shall
be equal to the actual or anticipated cost to the Secretary,
or for National Forest System lands the Secretary of Agri-
culture, of reviewing, administering, and enforcing such
permit, as determined by such Secretary. All moneys re-
ceived under this subsection shall be deposited in the
Abandoned Locatable Minerals Mine Reclamation Fund
established under title III.
(j) TRANSFER, ASSIGNMENT, OR SALE OF RIGHTS.—
(1) No transfer, assignment, or sale of rights granted by
a permit under this section shall be made without the prior
written approval of the Secretary, or for National Forest
System lands the Secretary of Agriculture.
(2) The Secretary, or for National Forest System
lands, the Secretary of Agriculture, may allow a person
holding a permit to transfer, assign, or sell rights under
the permit to a successor, if such Secretary finds, in writ-
ing, that the successor—
(A) is eligible to receive a permit in accordance
with section 204;
(B) has submitted evidence of financial assur-
ance satisfactory under section 205; and
(C) meets any other requirements specified by
such Secretary.
(3) The successor in interest shall assume the liability
and reclamation responsibilities established by the existing
permit and shall conduct the mineral activities in full com-
pliance with this Act, and the terms and conditions of the
permit as in effect at the time of transfer, assignment,
or sale.
(4) Each application for approval of a permit trans-
fer, assignment, or sale pursuant to this subsection shall
be accompanied by a fee payable to the Secretary of the
Interior, or for National Forest System lands, the Sec-
retary of Agriculture, in such amount as may be estab-
lished by such Secretary, or for National Forest System
lands, by the Secretary of Agriculture. Such amount shall
be equal to the actual or anticipated cost to the Secretary
or, for National Forest System lands, to the Secretary of
Agriculture, of reviewing and approving or disapproving
such transfer, assignment, or sale, as determined by such
Secretary. All moneys received under this subsection shall
be deposited in the Abandoned Locatable Minerals Mine
Reclamation Fund established under title III.
(k) PUBLIC PARTICIPATION.—(1) Concurrent with
submittal of an application for a permit under this section
or a renewal or significant modification thereof, the appli-
cant shall publish a notice in a newspaper of local circula-
tion at least once a week for 4 consecutive weeks and in
the Federal Register. The notice shall include: the name
of the applicant, the location of the proposed mineral ac-
tivities, the type and expected duration of the proposed
mineral activities, the proposed use of the land after the
completion of mineral activities and a location where such
plans are publicly available. The applicant shall also notify
in writing other Federal, State, and local government
agencies and Indian tribes that regulate mineral activities
or land planning decisions in the area subject to mineral
activities or that manage lands adjacent to the area sub-
ject to mineral activities. The applicant shall provide proof
of such notification to the Secretary, or for National For-
est System lands, the Secretary of Agriculture.
(2) The applicant for a permit under this section
shall make paper and digital copies of the complete permit
application, permit modifications, or permit renewals
available for public review at the office of the responsible
Federal surface management agency located nearest to the
location of the proposed mineral activities, and at such
other public locations deemed appropriate by the State or
local government for the county in which the proposed
mineral activities will occur prior to final decision by the
Secretary, or for National Forest System lands, the Sec-
retary of Agriculture. Any person, and the authorized rep-
resentative of a Federal, State, or local governmental
agency or Indian tribe, shall have the right to file written
comments relating to the approval or disapproval of the
permit application until 30 days after the last day of news-
paper publication. The Secretary concerned shall promptly
make such comments available to the applicant.
(3) Any person may file written comments during the
comment period specified in paragraph (2) and any person
who is, or may be, adversely affected by the proposed min-
eral activities may request a nonadjudicatory public hear-
ing to be held in the county in which the mineral activities
are proposed. The Secretary concerned shall consider all
written comments filed during such period. If a hearing
is requested by any person who is, or may be, adversely
affected by the proposed mineral activities, the Secretary
concerned shall consider such request and may conduct
such hearing. When a hearing is to be held, notice of such
hearing shall be published in a newspaper of local circula-
tion at least once a week for 2 weeks prior to the hearing
date.
(4) The public participation requirements in this sec-
tion shall apply to permit modifications that are consid-
ered more than minor under subsection (f).
SEC. 204. PERSONS INELIGIBLE FOR PERMITS.
(a) CURRENT VIOLATIONS.—Unless corrective action
has been taken in accordance with subsection (c), no per-
mit under this title shall be issued or transferred to an
applicant if the applicant or any agent of the applicant,
the operator (if different than the applicant) of the claim
concerned, any claim holder (if different than the appli-
cant) of the claim concerned, or any affiliate or officer
or director of the applicant is currently in violation of any
of the following:
(1) A provision of this Act or any regulation
under this Act.
(2) An applicable toxic substance, solid waste,
air, water quality, or fish and wildlife conservation
law or regulation at any site where mining,
beneficiation, or processing activities are occurring
or have occurred.
(3) The Surface Mining Control and Reclama-
tion Act of 1977 (30 U.S.C. 1201 and following) or
any regulation implementing that Act at any site
where surface coal mining operations have occurred
or are occurring.
(b) SUSPENSION.—The Secretary, or for National
Forest System lands the Secretary of Agriculture, shall
suspend an operations permit, in whole or in part, if such
Secretary determines that any of the entities described in
subsection (a) were in violation of any requirement listed
in subsection (a) at the time the permit was issued.
(c) CORRECTION.—(1) The Secretary, or for National
Forest System lands the Secretary of Agriculture, may
issue or reinstate a permit under this title if the applicant
submits proof that the violation referred to in subsection
(a) or (b) has been corrected or is in the process of being
corrected to the satisfaction of such Secretary or if the
applicant submits proof that the violator has filed and is
presently pursuing, a direct administrative or judicial ap-
peal to contest the existence of the violation. For purposes
of this section, an appeal of any applicant’s relationship
to an affiliate shall not constitute a direct administrative
or judicial appeal to contest the existence of the violation.
(2) Any permit which is issued or reinstated based
upon proof submitted under this subsection shall be condi-
tionally approved or conditionally reinstated, as the case
may be. If the violation is not successfully abated or the
violation is upheld on appeal, the permit shall be sus-
pended or revoked.
(d) PATTERN OF WILLFUL VIOLATIONS.—No permit
under this Act may be issued to any applicant if there
is a demonstrated pattern of willful violations of the sur-
face management requirements of this Act by the appli-
cant, any affiliate of the applicant, or the operator or
claim holder if different than the applicant, and such vio-
lations are of such nature and duration, and with such
resulting irreparable damage to the environment, as to
clearly indicate an intent not to comply with the surface
management requirements and other applicable statutes.
SEC. 205. FINANCIAL ASSURANCE.
(a) FINANCIAL ASSURANCE REQUIRED.—(1) Before
any permit is issued under this title, the operator shall
file with the Secretary, or for National Forest System
lands the Secretary of Agriculture, evidence of financial
assurance payable to the United States on a form pre-
scribed and furnished by such Secretary and conditional
upon faithful performance of such permit and all other
requirements of this Act. The financial assurance shall be
provided in the form of a surety bond, trust fund, letters
of credits, government securities, certificates of deposit,
cash or equivalent.
(2) The financial assurance shall cover all lands with-
in the initial permit area, and shall be extended to cover
all lands added pursuant to any permit modification made
under section 203(f) (relating to operations permits), or
affected by mineral activities.
(b) AMOUNT.—The amount of the financial assur-
ance required under this section shall be sufficient to as-
sure the completion of reclamation satisfying the require-
ments of this Act if the work were to be performed by
the Secretary concerned in the event of forfeiture, includ-
ing the construction and maintenance costs for any treat-
ment facilities necessary to meet Federal and State envi-
ronmental requirements. The calculation of such amount
shall take into account the maximum level of financial ex-
posure which shall arise during the mineral activity and
administrative costs associated with a government agency
reclaiming the site.
(c) DURATION.—The financial assurance required
under this section shall be held for the duration of the
mineral activities and for an additional period to cover the
operator’s responsibility for revegetation as specified
under section 206(b)(6)(B), and effluent treatment as
specified in subsection (g).
(d) ADJUSTMENTS.—The amount of the financial as-
surance and the terms of the acceptance of the assurance
may be adjusted by the Secretary concerned from time to
time as the area requiring coverage is increased or de-
creased, or where the costs of reclamation or treatment
change, or pursuant to section 203(h) (relating to oper-
ations permits), but the financial assurance shall other-
wise be in compliance with this section. The Secretary con-
cerned shall review the financial guarantee as part of the
permit review under section 203(h).
(e) RELEASE.—Upon request, and after notice and
opportunity for public comment, and after inspection by
the Secretary, or for National Forest System lands, the
Secretary of Agriculture, such Secretary may, after con-
sultation with the Administrator of the Environmental
Protection Agency, release in whole or in part the financial
assurance required under this section if the Secretary
makes both of the following determinations:
(1) A determination that reclamation covered
by the financial assurance has been accomplished as
required by this Act.
(2) A determination that the terms and condi-
tions of any other applicable Federal requirements,
and State requirements applicable pursuant to coop-
erative agreements under section 207, have been ful-
filled.
(f) RELEASE SCHEDULE.—The release referred to in
subsection (e) shall be according to the following schedule:
(1) After the operator has completed any re-
quired backfilling, regrading, and drainage control of
an area subject to mineral activities and covered by
the financial assurance, and has commenced revege-
tation on the regraded areas subject to mineral ac-
tivities in accordance with the approved plan, that
portion of the total financial assurance secured for
the area subject to mineral activities attributable to
the completed activities may be released.
(2) After the operator has completed success-
fully all remaining mineral activities and reclamation
activities and all requirements of the operations plan
and the reclamation plan (including the provisions of
section 206(b)(6)(B) relating to revegetation and ef-
fluent treatment required by subsection (g)), and all
other requirements of this Act have in fact been
fully met, the remaining portion of the financial as-
surance may be released.
During the period following release of the financial assur-
ance as specified in paragraph (1), until the remaining
portion of the financial assurance is released as provided
in paragraph (2), the operator shall be required to comply
with the permit issued under this title.
(g) EFFLUENT.—Notwithstanding section 206(b)(4),
where any discharge resulting from the mineral activities
requires treatment in order to meet the applicable effluent
limitations and water quality standards, the financial as-
surance shall include the estimated cost of maintaining
such treatment for the projected period that will be needed
after the cessation of mineral activities. The portion of the
financial assurance attributable to such estimated cost of
treatment shall not be released until the discharge has
ceased for a period of 5 years, or, if the discharge con-
tinues, until the operator has met all applicable effluent
limitations and water quality standards for 5 full years
without treatment.
(h) ENVIRONMENTAL HAZARDS.—If the Secretary,
or for National Forest System lands, the Secretary of Ag-
riculture, determines, after final release of financial assur-
ance, that an environmental hazard resulting from the
mineral activities exists, or the terms and conditions of
the operations permit of this Act were not fulfilled in fact
at the time of release, such Secretary shall issue an order
under section 406 requiring the claim holder or operator
(or any person who controls the claim holder or operator)
to correct the condition such that applicable laws and reg-
ulations and any conditions from the plan of operations
are met.
SEC. 206. OPERATION AND RECLAMATION.
(a) GENERAL RULE.—(1) Except as provided under
paragraphs (5) and (7) of subsection (b), the operator
shall restore lands subject to mineral activities carried out
under a permit issued under this title to a condition capa-
ble of supporting—
(A) the uses which such lands were capable of
supporting prior to surface disturbance by the oper-
ator, or
(B) other beneficial uses which conform to ap-
plicable land use plans as determined by the Sec-
retary, or for National Forest System lands, the
Secretary of Agriculture.
(2) Reclamation shall proceed as contemporaneously
as practicable with the conduct of mineral activities.
(b) OPERATION AND RECLAMATION STANDARDS.—
Mineral activities shall be conducted in accordance with
the following standards, as well as any additional stand-
ards the Secretaries may jointly promulgate under section
201 and subsection (a) of this section to address specific
environmental impacts of selected methods of mining:
(1) SOILS.—
(A) Soils, including top soils and subsoils
removed from lands subject to mineral activi-
ties, shall be segregated from waste material
and protected to minimize erosion and sustain
revegetation when reclamation begins. If such
soil is not replaced on a backfill area within a
time-frame short enough to avoid deterioration
of the topsoil, vegetative cover or other means
shall be used so that the soil is preserved from
wind and water erosion, remains free of con-
tamination by acid or other toxic material, and
is in a usable condition for sustaining vegeta-
tion when restored during reclamation.
(B) In the event the topsoil from lands
subject to mineral activities is of insufficient
quantity or of inferior quality for sustaining
vegetation, and other suitable growth media re-
moved from the lands subject to the mineral ac-
tivities are available that shall support vegeta-
tion, the best available growth medium shall be
removed, segregated and preserved in a like
manner as under subparagraph (A) for sus-
taining vegetation when restored during rec-
lamation.
(C) In the event the soil (other than top-
soil) from lands subject to mineral activities is
of insufficient quantity or of inferior quality for
sustaining vegetation, and other suitable growth
media removed from the lands subject to the
mineral activities are available that support re-
vegetation, these substitute materials shall be
removed, segregated, or preserved in a like
manner as under subparagraph (A) for later
use in reclamation.
(D) Mineral activities shall be conducted to
prevent contamination of soils to the extent
possible using the best technology currently
available. If contamination occurs, the operator
shall decontaminate or dispose of any contami-
nated soils which have resulted from the min-
eral activities.
(2) STABILIZATION.—All surface areas subject
to mineral activities, including segregated soils or
other growth medium, waste material piles, ore piles,
subgrade ore piles, and open or partially backfilled
mine pits that meet the requirements of paragraph
(5), shall be engineered to a stable condition to ef-
fectively control fugitive dust and erosion and other-
wise comply with toxic substance, solid waste, air
and water pollution control laws and other environ-
mental laws.
(3) SEDIMENTS, EROSION, AND
DRAINAGE.—
Facilities such as, but not limited to basins, ditches,
stream bank stabilization, diversions or other meas-
ures, shall be designed, constructed and maintained
where necessary to control sediments, erosion, and
drainage of the area subject to mineral activities.
(4) HYDROLOGIC
BALANCE.—(A) Mineral ac-
tivities shall be conducted to minimize disturbances
to the prevailing hydrologic balance of the permit
area and surrounding hydrologic basins affected by
mining activities existing prior to the mineral activi-
ties in the permit area and in the surrounding wa-
tershed, as established by the baseline information
provided pursuant to section 203(b)(10) (relating to
operations permits). Hydrologic balance includes the
quality and quantity of ground water and surface
water and their interrelationships, including re-
charge and discharge rates. In all cases, the operator
shall comply with Federal and State laws related to
the quality and quantity of such waters.
(B) Mineral activities shall be conducted to pre-
vent where possible the formation of acidic, toxic, or
other contaminated water. Where the formation of
acidic, toxic, or other contaminated water occurs,
standard mineral activities shall be conducted so as
to minimize the formation of acidic, toxic, or other
contaminated water.
(C) Mineral activities shall prevent any damage
off-site from contamination of surface and ground
water with acid or other toxic mine pollutants and
shall prevent or remove water from contact with acid
or toxic producing deposits.
(D) Reclamation shall restore approximate hy-
drologic balance existing prior to the mineral activi-
ties before the applicable water quality permit issued
under State or Federal law expires or is subject to
renewal.
(E) Where the quality of surface water or
ground water used for domestic, municipal, agricul-
tural, or industrial purposes is adversely impacted
by mineral activities, such water shall be treated, or
replaced with the same quantity and approximate
quality of water, comparable to premining conditions
as established in paragraph (10) of section 203(b)
(relating to operations permits).
(5) SURFACE RESTORATION.—(A) The surface
area disturbed by mineral activities shall be shaped,
graded, and contoured to its natural topography.
Backfilling of an open pit mine shall be required
only if the Secretary, or for National Forest System
lands the Secretary of Agriculture, finds that such
open pit or partially backfilled, graded, or contoured
pit would pose a significant threat to the public
health, safety, or have a significant adverse effect on
the environment in terms of surface water or
groundwater pollution.
(B) In instances where complete backfilling of
an open pit is not required, the pit shall be graded
to blend with the surrounding topography as much
as practicable to minimize disturbance to the hydro-
logic balance, and revegetated in accordance with
paragraph (6), and the water quality in the pit and
other water impoundments and wells adjacent or
hydrologically connected by groundwater shall com-
ply with applicable Federal, State, and, where appro-
priate, local government water quality standards.
(6) VEGETATION.—(A) The area subject to
mineral activities shall be vegetated in order to es-
tablish a diverse, effective, and permanent vegetative
cover of the same seasonal variety native to the area
subject to mineral activities, capable of self-regen-
eration and plant succession and at least equal in
extent of cover to the natural revegetation of the
surrounding area, except that introduced species
may be used at the discretion of the Secretary, or
for National Forest System lands the Secretary of
Agriculture, in consultation with the Director of the
United States Fish and Wildlife Service, if such in-
troduction of such species is necessary as an interim
step in, and is part of a program to restore a native
plant community. In such instances where the com-
plete backfill of an open mine pit is not required
under paragraph (5), such Secretary shall prescribe
such vegetation requirements as conform to the ap-
plicable land use plan.
(B) In order to insure compliance with subpara-
graph (A), the period for determining successful re-
vegetation shall be for a period of 5 full years after
the last year of augmented seeding, fertilizing, irri-
gation, or other work, except that such period shall
be 10 full years where the annual average precipita-
tion is 26 inches or less. The period may be for a
longer time at the discretion of the Secretary con-
cerned where the average precipitation is 26 inches
or less.
(7) EXCESS WASTE.—(A) Waste material in ex-
cess of that required to comply with paragraph (5)
shall be transported and placed in approved areas,
in a controlled manner in such a way so as to assure
long-term mass stability, to prevent mass movement,
and to facilitate reclamation. In addition to the
measures described under paragraph (3), internal
drainage systems shall be employed, as may be re-
quired, to control erosion and drainage. The design
of such excess waste material piles shall be certified
by a qualified professional engineer.
(B) Excess waste material piles shall be graded
and contoured to blend with the surrounding topog-
raphy as much as practicable and revegetated in ac-
cordance with paragraph (6).
(8) SEALING.—All drill holes, and openings on
the surface associated with underground mineral ac-
tivities, shall be backfilled, sealed, or otherwise con-
trolled when no longer needed for the conduct of
mineral activities to ensure protection of the public
and the environment, protection of groundwater, and
management of fish and wildlife and livestock.
(9) STRUCTURES.—All buildings, structures, or
equipment constructed, used, or improved during
mineral activities shall be removed, unless the Sec-
retary concerned, in consultation with the affected
land managing agency, determines that use of the
buildings, structures, or equipment would be con-
sistent with subsection (a) or for environmental
monitoring and the Secretary concerned takes own-
ership of such structures.
(10) CULTURAL, PALEONTOLOGICAL, AND CAVE
RESOURCES.—The operator shall not knowingly dis-
turb, alter, injure, or destroy any scientifically im-
portant paleontologic remains or any historic,
archeologic, or cave-related sites, structure, building,
resource or object without including in the plan of
operations a proposed action to preserve the re-
source that is approved by the Secretary prior to the
disturbance taking place.
(11) ROADS AND STRUCTURES.—All buildings,
structures, roads, and equipment constructed, used,
or improved during mineral activities shall be de-
signed, constructed, and maintained to minimize ero-
sion, siltation, and air pollution and then removed
after mining, unless the Secretary concerned in con-
sultation with the affected land managing agency,
determines that use of the buildings, structures,
roads, or equipment would be consistent with sub-
section (a) or for environmental monitoring, and the
Secretary concerned takes ownership of such struc-
tures, buildings, or equipment, or roads.
(12) DRILL HOLES.—(A) Drilling fluids shall
not be allowed to flow off the site.
(B) All drill holes shall be drilled, operated, and
plugged to prevent mixing of water from aquifers,
impacts to beneficial uses, and downward or upward
water loss.
(13) LEACHING
OPERATIONS
AND
IMPOUND-
MENTS.—Leach pads, tailing impoundments, waste
rock and overburden, ponds, and solution holding fa-
cilities shall be designed, constructed, and operated
according to standard engineering practices to
achieve and maintain the stability of the site and fa-
cilitate reclamation. These facilities shall be con-
structed with a low-permeability liner or contain-
ment system that will detect leaks, and prevent the
release of solutions to the environment. All leaching
facilities and impoundments shall withstand a local
24-hour, 100-year storm event in addition to the so-
lution expected for the facility.
(14) FIRE
PREVENTION
AND
CONTROL.—All
applicable Federal and State fire laws and regula-
tions shall be complied with, including taking all rea-
sonable measures to prevent and suppress fire in the
project area.
(15) TEMPORARY
CESSATION.—During tem-
porary cessation of operations, the operator shall
maintain the site, and take measures to stabilize the
excavation and workings, control toxic or deleterious
materials, and monitor site conditions.
(c) SPECIAL RULE.—A modified reclamation plan
shall not be required for mineral activities related to rec-
lamation where a mining claim is forfeited, relinquished,
or lapsed, or a plan is revoked or suspended or has expired
in any such case. Reclamation activities shall continue
only as approved by the Secretary, or for National Forest
System lands the Secretary of Agriculture, pursuant to the
previously approved reclamation plan.
(d) DEFINITIONS.—As used in this section:
(1) The term ‘‘waste material’’ means the mate-
rial resulting from mineral activities involving ex-
traction, beneficiation, and processing, including but
not limited to tailings, and such material resulting
from mineral activities involving processing, to the
extent such material is not subject to subtitle C of
the Solid Waste Disposal Act (42 U.S.C. 3251 and
following) or the Uranium Mill Tailings Radiation
Control Act of 1978 (42 U.S.C. 7901 and following).
(2) The term ‘‘ore piles’’ means ore stockpiled
for beneficiation prior to the completion of mineral
activities.
(3) The term ‘‘subgrade ore’’ means ore that is
too low in grade to be processed at the time of ex-
traction but which could reasonably be processed in
the foreseeable future.
(4) The term ‘‘soil’’ means the earthy or sandy
layer, ranging in thickness from a few inches to sev-
eral feet, composed of finely divided rock debris, of
whatever origin, mixed with decomposing vegetal and
animal matter, which forms the surface of the
ground and in which plants grow or may grow.
SEC. 207. STATE LAW AND REGULATION.
(a) STATE LAW.—(1) Any reclamation standard or
requirement in State law or regulation that meets or ex-
ceeds the requirements of section 206 shall not be con-
strued to be inconsistent with any such standard.
(2) Any bonding standard or requirement in State
law or regulation that meets or exceeds the requirements
of section 205 shall not be construed to be inconsistent
with such requirements.
(3) Any inspection standard or requirement in State
law or regulation that meets or exceeds the requirements
of section 403 shall not be construed to be inconsistent
with such requirements.
(b) APPLICABILITY
OF OTHER STATE REQUIRE-
MENTS.—(1) Nothing in this Act shall be construed as af-
fecting any toxic substance, solid waste, or air or water
quality, standard or requirement of any State, county,
local, or tribal law or regulation, which may be applicable
to mineral activities on lands subject to this Act.
(2) Nothing in this Act shall be construed as affecting
in any way the right of any person to enforce or protect,
under applicable law, such person’s interest in water re-
sources affected by mineral activities on lands subject to
this Act.
(c) COOPERATIVE AGREEMENTS.—(1) Any State
may enter into a cooperative agreement with the Sec-
retary, or for National Forest System lands the Secretary
of Agriculture, for the purposes of such Secretary applying
such standards and requirements referred to in subsection
(a) and subsection (b) to mineral activities or reclamation
on lands subject to this Act.
(2) In such instances where the proposed mineral ac-
tivities would affect lands not subject to this Act in addi-
tion to lands subject to this Act, in order to approve a
plan of operations the Secretary concerned shall enter into
a cooperative agreement with the State that sets forth a
common regulatory framework consistent with the surface
management requirements of this Act for the purposes of
such plan of operations.
(3) The Secretary concerned shall not enter into a
cooperative agreement with any State under this section
until after notice in the Federal Register and opportunity
for public comment.
(d) PRIOR AGREEMENTS.—Any cooperative agree-
ment or such other understanding between the Secretary
concerned and any State, or political subdivision thereof,
relating to the surface management of mineral activities
on lands subject to this Act that was in existence on the
date of enactment of this Act may only continue in force
until one year after the date of enactment of this Act.
During such one-year period, the State and the Secretary
shall review the terms of the agreement and make changes
that are necessary to be consistent with this Act.
(e) DELEGATION.—The Secretary, or for National
Forest System lands the Secretary of Agriculture, shall
not delegate to any State, or political subdivision thereof,
the Secretary’s authorities, duties, and obligations under
this Act, including with respect to any cooperative agree-
ments entered into under this section.
(f) PREEMPTION.—Subject to section 414(b), the re-
quirements of this Act shall preempt any conflicting re-
quirements of any State, or political subdivision thereof
relating to mineral activities for locatable minerals.
SEC. 208. UNSUITABILITY REVIEW.
(a) AUTHORITY.—(1) As provided for in this section,
the Secretary of the Interior, in carrying out that Sec-
retary’s responsibilities under the Federal Land Policy
and Management Act of 1976, and the Secretary of Agri-
culture, in carrying out that Secretary’s responsibilities
under the Forest and Rangeland Renewable Resources
Planning Act of 1974, shall each review lands that are
subject to this Act in order to determine, in accordance
with the provisions of subsection (b), whether there are
any areas on such lands that are either unsuitable for all
types of mineral activities or conditionally suitable for cer-
tain types of mineral activities.
(2) Any determination made in accordance with sub-
section (b) shall be immediately effective. Such determina-
tion shall be incorporated into the applicable land use plan
when such plan is adopted, revised, or significantly amend-
ed pursuant to provisions of law other than this Act.
(3) In any instance where a determination is made
in accordance with subsection (b) that an area is condi-
tionally suitable for all or certain mineral activities, the
Secretary concerned shall take appropriate steps to notify
the public that any operations permit application relevant
to that area shall be conditioned accordingly.
(b) SPECIAL CHARACTERISTICS.—(1) The Secretary,
or for National Forest System lands the Secretary of Agri-
culture, shall determine that an area open to location is
unsuitable for all or certain mineral activities if such Sec-
retary finds that such activities would result in significant,
permanent, and irreparable damage to special characteris-
tics as described in paragraph (3) that cannot be pre-
vented by the imposition of conditions in the operations
permit required under section 203(b).
(2) The Secretary, or for National Forest System
lands, the Secretary of Agriculture, may determine, after
notice and opportunity for public comment, that an area
is conditionally suitable for all or certain types of mineral
activities, if the Secretary concerned determines that any
of the special characteristics of such area, as listed in
paragraph (3), require protection from the effects of min-
eral activities.
(3) Any of the following shall be considered special
characteristics of an area which contains lands or interests
in lands open to location under this Act:
(A) The existence of significant water resources
or supplies in or associated with such area, such as
aquifers and aquifer recharge areas.
(B) The presence in such area of publicly
owned places which are listed on or are determined
eligible for listing on the National Register of His-
toric Places.
(C) The designation of all or any portion of
such area or any adjacent area as a National Con-
servation System unit.
(D) The designation of all or any portion of
such area or any adjacent area as critical habitat for
threatened or endangered species under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 and fol-
lowing).
(E) The designation of all or any portion of
such area as Class I under section 162 of the Clean
Air Act (42 U.S.C. 7401).
(F) The presence of such other resource values
as the Secretary, or for National Forest System
lands, the Secretary of Agriculture, may, by joint
rule, specify based upon field testing that verifies
such criteria.
(G) Areas that are designated as or adjacent to
Research Natural Areas.
(H) Lands containing Native American ‘‘sacred
sites’’ as defined in Executive Order 13007, and
other cultural and religious values.
(c) EFFECT OF DETERMINATION.—(1) In any in-
stance in which a determination of unsuitability is made
for any area in accordance with subsection (b)(1), all min-
eral activities shall be prohibited in such area, and the
Secretary shall (with the consent of the Secretary of Agri-
culture for National Forest System lands) withdraw such
area pursuant to section 204 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1714). The Sec-
retary’s determination under this section shall constitute
the documentation required to be provided under section
204(c)(12) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1714).
(2) In any instance where the Secretary, or for Na-
tional Forest System lands, the Secretary of Agriculture,
determines in accordance with subsection (b)(2) that, by
reason of any of the special characteristics listed in sub-
section (b)(3), an area is conditionally suitable for all or
certain mineral activities, the Secretary concerned shall in-
clude such additional conditions in each permit for mineral
activities in such area as necessary to limit or control min-
eral activities to the extent necessary to protect the special
characteristics concerned.
(3) Nothing in this section shall be construed as af-
fecting lands where mineral activities were being con-
ducted on the date of enactment of this Act under ap-
proved plans of operations or under notice (as provided
for in the regulations of the Secretary of the Interior in
effect prior to the date of enactment of this Act relating
to operations that cause a cumulative disturbance of 5
acres or less).
(4) Nothing in this section shall be construed as pro-
hibiting mineral activities at a specific site, where substan-
tial legal and financial commitments in such mineral ac-
tivities were in existence on the date of enactment of this
Act, but nothing in this section shall be construed as pro-
hibiting either Secretary from regulating such activities in
accordance with other authority of law. As used in this
paragraph, the term ‘‘substantial legal and financial com-
mitments’’ means, with respect to a specific site, signifi-
cant investments, expenditures, or undertakings that have
been made to explore or develop any mining claim and
or millsite located at such site under the general mining
laws, such as but not limited to: contracts for minerals
produced; construction; contracts for the construction; or
commitment to raise capital for the construction of proc-
essing, beneficiation, extraction, or refining facilities, or
transportation or utility infrastructure; exploration activi-
ties conducted to delineate proven or probable ore re-
serves; acquisition of mining claims (but only if such ac-
quisition is part of other significant investments specified
in this paragraph); and such other costs or expenditures
related to mineral activities at such site as are similar to
the foregoing itemized costs or expenditures and as may
be specified by the Secretaries by joint rule.
(d) WITHDRAWAL REVIEW.—(1) In carrying out the
responsibilities referred to in subsection (a), the Secretary
or, for National Forest System lands, the Secretary of Ag-
riculture, shall review all administrative withdrawals of
land under such Secretary’s jurisdiction (other than wil-
derness study areas) to determine whether the revocation
or modification of such withdrawal for the purpose of al-
lowing such lands to be opened to the location of mining
claims under this Act is appropriate as a result of either
of the following:
(A) The imposition of any conditions imposed
as part of the land use planning process or the im-
position of any conditions as a result to the review
process under subsection (a).
(B) The limitation of section 111 (relating to
limitation on patent issuance).
(2) The Secretary concerned shall publish the review
referred to in paragraph (1) in the Federal Register no
later than 1 year after the date of enactment of this Act.
After providing notice and opportunity for comment, the
Secretary may issue a revocation or modification of such
administrative withdrawals as he deems appropriate by
reason of the criteria listed in subparagraph (A) or (B)
of paragraph (1).
SEC. 209. CERTAIN MINERAL ACTIVITIES COVERED BY
OTHER LAW.
This title shall not apply to any mineral activities
that are subject to the Stockraising Homestead Acts (43
U.S.C. 218 and following).
TITLE 
III—ABANDONED
LOCATABLE MINERALS MINE
RECLAMATION FUND
SEC. 301. ABANDONED LOCATABLE MINERALS MINE REC-
LAMATION.
(a) ESTABLISHMENT.—(1) There is established on
the books of the Treasury of the United States a trust
fund to be known as the Abandoned Locatable Minerals
Mine Reclamation Fund (hereinafter in this title referred
to as the ‘‘Fund’’). The Fund shall be administered by
the Secretary acting through the Director of the Office
of Surface Mining Reclamation and Enforcement.
(2) The Secretary shall notify the Secretary of the
Treasury as to what portion of the Fund is not, in the
Secretary’s judgment, required to meet current with-
drawals. The Secretary of the Treasury shall invest such
portion of the Fund in public debt securities with matu-
rities suitable for the needs of such Fund and bearing in-
terest at rates determined by the Secretary of the Treas-
ury, taking into consideration current market yields on
outstanding marketplace obligations of the United States
of comparable maturities. The income on such investments
shall be credited to, and form a part of, the Fund.
(b) AMOUNTS.—The following amounts shall be cred-
ited to the Fund:
(1) All moneys received from the collection of
claim maintenance fees under section 103.
(2) All moneys collected pursuant to section
110 (relating to failure to comply), section 406 (re-
lating to enforcement) and section 404 (relating to
citizens suits).
(3) All permit fees and transfer fees received
under section 203.
(4) All donations by persons, corporations, as-
sociations, and foundations for the purposes of this
title.
(5) All amounts referred to in section 112 (re-
lating to royalties and penalties for underreporting).
(6) All other receipts from fees, royalties, pen-
alties and other sources collected under this Act.
(7) All moneys received pursuant to section 111
from issuance of patents.
(c) ADMINISTRATIVE COSTS.—(1) In calculating the
amount to be deposited in the Fund during any fiscal year
under subsection (b), the enacted appropriation of the De-
partment of the Interior during the preceding year attrib-
utable to administering this Act shall be deducted from
the total of the amounts listed in subsection (b) prior to
the transfer of such amounts to the Fund.
(2) The amount deducted under paragraph (1) of this
section shall be available to the Secretary, subject to ap-
propriation, for payment of the costs of administering this
Act.
SEC. 302. USE AND OBJECTIVES OF THE FUND.
(a) IN GENERAL.—The Secretary is authorized, sub-
ject to appropriations, to use moneys in the Fund for the
reclamation and restoration of land and water resources
adversely affected by past mineral activities on lands the
legal and beneficial title to which resides in the United
States, land within the exterior boundary of any national
forest system unit, or other lands described in subsection
(d) or section 303, including any of the following:
(1) Preventing, abating, treating, and control-
ling water pollution created by abandoned mine
drainage.
(2) Reclaiming and restoring abandoned surface
and underground mined areas.
(3) Reclaiming and restoring abandoned milling
and processing areas.
(4) Backfilling, sealing, or otherwise control-
ling, abandoned underground mine entries.
(5) Revegetating land adversely affected by past
mineral activities in order to prevent erosion and
sedimentation, to enhance wildlife habitat, and for
any other reclamation purpose.
(6) Controlling of surface subsidence due to
abandoned underground mines.
(b) PRIORITIES.—Expenditures of moneys from the
Fund shall reflect the following priorities in the order stat-
ed:
(1) The protection of public health, safety, gen-
eral welfare, and property from extreme danger from
the adverse effects of past mineral activities, espe-
cially as relates to surface water and groundwater
contaminants.
(2) The protection of public health, safety, and
general welfare from the adverse effects of past min-
eral activities.
(3) The restoration of land, water, and fish and
wildlife resources previously degraded by the adverse
effects of past mineral activities.
(c) HABITAT.—Reclamation and restoration activities
under this title, particularly those identified under sub-
section (a)(4), shall include appropriate mitigation meas-
ures to provide for the continuation of any established
habitat for wildlife in existence prior to the commencement
of such activities.
(d) OTHER AFFECTED LANDS.—Where mineral ex-
ploration, mining, beneficiation, processing, or reclamation
activities have been carried out with respect to any mineral
which would be a locatable mineral if the legal and bene-
ficial title to the mineral were in the United States, if such
activities directly affect lands managed by the Bureau of
Land Management as well as other lands and if the legal
and beneficial title to more than 50 percent of the affected
lands resides in the United States, the Secretary is author-
ized, subject to appropriations, to use moneys in the Fund
for reclamation and restoration under subsection (a) for
all directly affected lands.
(e) RESPONSE OR REMOVAL ACTIONS.—Reclamation
and restoration activities under this title which constitute
a removal or remedial action under section 101 of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601), shall be con-
ducted with the concurrence of the Administrator of the
Environmental Protection Agency. The Secretary and the
Administrator shall enter into a Memorandum of Under-
standing to establish procedures for consultation, concur-
rence, training, exchange of technical expertise and joint
activities under the appropriate circumstances, which pro-
vide assurances that reclamation or restoration activities
under this title, to the extent practicable, shall not be con-
ducted in a manner that increases the costs or likelihood
of removal or remedial actions under the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 and following), and which avoid
oversight by multiple agencies to the maximum extent
practicable.
SEC. 303. ELIGIBLE LANDS AND WATERS.
(a) ELIGIBILITY.—Reclamation expenditures under
this title may only be made with respect to Federal lands
or Indian lands or water resources that traverse or are
contiguous to Federal lands or Indian lands where such
lands or water resources have been affected by past min-
eral activities, including any of the following:
(1) Lands and water resources which were used
for, or affected by, mineral activities and abandoned
or left in an inadequate reclamation status before
the effective date of this Act.
(2) Lands for which the Secretary makes a de-
termination that there is no continuing reclamation
responsibility of a claim holder, operator, or other
person who abandoned the site prior to completion
of required reclamation under State or other Federal
laws.
(3) Lands for which it can be established that
such lands do not contain locatable minerals which
could economically be extracted through the reproc-
essing or remining of such lands, unless such consid-
erations are in conflict with the priorities set forth
under paragraphs (1) and (2) of section 302(b).
(b) SPECIFIC SITES AND AREAS NOT ELIGIBLE.—
The provisions of section 411(d) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C.
1240a(d)) shall apply to expenditures made from the
Fund established under this title.
(c) INVENTORY.—The Secretary shall prepare and
maintain an inventory of abandoned locatable minerals
mines on Federal lands and any abandoned mine on In-
dian lands which may be eligible for expenditures under
this title.
SEC. 304. FUND EXPENDITURES.
Moneys available from the Fund may be expended for
the purposes specified in section 302 directly by the Direc-
tor of the Office of Surface Mining Reclamation and En-
forcement. The Director may also make such money avail-
able for such purposes to the Director of the Bureau of
Land Management, the Chief of the United States Forest
Service, the Director of the National Park Service, or Di-
rector of the United States Fish and Wildlife Service, to
any other agency of the United States, to an Indian tribe,
or to any public entity that volunteers to develop and im-
plement, and that has the ability to carry out, all or a
significant portion of a reclamation program under this
title.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
Amounts credited to the Fund are authorized to be
appropriated for the purpose of this title without fiscal
year limitation.
TITLE IV—ADMINISTRATIVE AND
MISCELLANEOUS PROVISIONS
Subtitle A—Administrative
Provisions
SEC. 401. POLICY FUNCTIONS.
(a) MINERALS POLICY.—Section 2 of the Mining and
Minerals Policy Act of 1970 (30 U.S.C. 21a) is amended
by adding at the end thereof the following: ‘‘It shall also
be the responsibility of the Secretary of Agriculture to
carry out the policy provisions of paragraphs (1) and (2)
of this section.’’.
(b) MINERAL DATA.—Section 5(e)(3) of the National
Materials and Minerals Policy, Research and Development
Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by insert-
ing before the period the following: ‘‘, except that for Na-
tional Forest System lands the Secretary of Agriculture
shall promptly initiate actions to improve the availability
and analysis of mineral data in Federal land use decision-
making’’.
SEC. 402. USER FEES.
The Secretary and the Secretary of Agriculture are
each authorized to establish and collect from persons sub-
ject to the requirements of this Act such user fees as may
be necessary to reimburse the United States for the ex-
penses incurred in administering such requirements. Fees
may be assessed and collected under this section only in
such manner as may reasonably be expected to result in
an aggregate amount of the fees collected during any fiscal
year which does not exceed the aggregate amount of ad-
ministrative expenses referred to in this section.
SEC. 403. INSPECTION AND MONITORING.
(a) INSPECTIONS.—(1) The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture,
shall make inspections of mineral activities so as to ensure
compliance with the surface management requirements of
title II.
(2) The Secretary concerned shall establish a fre-
quency of inspections for mineral activities conducted
under a permit issued under title II, but in no event shall
such inspection frequency be less than one complete in-
spection per calendar quarter or, two per calendar quarter
in the case of a permit for which the Secretary concerned
approves an application under section 203(g) (relating to
temporary cessation of operations). After revegetation has
been established in accordance with a reclamation plan,
such Secretary shall conduct annually 2 complete inspec-
tions. Such Secretary shall have the discretion to modify
the inspection frequency for mineral activities that are
conducted on a seasonal basis. Inspections shall continue
under this subsection until final release of financial assur-
ance.
(3)(A) Any person who has reason to believe he or
she is or may be adversely affected by mineral activities
due to any violation of the surface management require-
ments may request an inspection. The Secretary, or for
National Forest System lands the Secretary of Agri-
culture, shall determine within 10 working days of receipt
of the request whether the request states a reason to be-
lieve that a violation exists. If the person alleges and pro-
vides reason to believe that an imminent threat to the en-
vironment or danger to the health or safety of the public
exists, the 10-day period shall be waived and the inspec-
tion shall be conducted immediately. When an inspection
is conducted under this paragraph, the Secretary con-
cerned shall notify the person requesting the inspection,
and such person shall be allowed to accompany the Sec-
retary concerned or the Secretary’s authorized representa-
tive during the inspection. The Secretary shall not incur
any liability for allowing such person to accompany an au-
thorized representative. The identity of the person sup-
plying information to the Secretary relating to a possible
violation or imminent danger or harm shall remain con-
fidential with the Secretary if so requested by that person,
unless that person elects to accompany an authorized rep-
resentative on the inspection.
(B) The Secretaries shall, by joint rule, establish pro-
cedures for the review of (i) any decision by an authorized
representative not to inspect; or (ii) any refusal by such
representative to ensure that remedial actions are taken
with respect to any alleged violation. The Secretary con-
cerned shall furnish such persons requesting the review
a written statement of the reasons for the Secretary’s final
disposition of the case.
(b) MONITORING.—(1) The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture,
shall require all operators to develop and maintain a moni-
toring and evaluation system which shall identify compli-
ance with all surface management requirements.
(2) Monitoring shall be conducted as close as tech-
nically feasible to the mineral activity involved, and in all
cases such monitoring shall be conducted within the per-
mit area.
(3) The point of compliance referred to in paragraph
(1) shall be as close to the mineral activity involved as
is technically feasible, but in any event shall be located
to comply with applicable State and Federal standards.
In no event shall the point of compliance be outside the
permit area.
(4) The Secretary concerned may require additional
monitoring be conducted as necessary to assure compli-
ance with the reclamation and other environmental stand-
ards of this Act.
(5) The operator shall file reports with the Secretary,
or for National Forest System lands the Secretary of Agri-
culture, on a frequency determined by the Secretary con-
cerned, on the results of the monitoring and evaluation
process, except that if the monitoring and evaluation show
a violation of the surface management requirements under
this Act, it shall be reported immediately to the Secretary
concerned. Information received pursuant to this sub-
section from any natural person shall not be used against
any such natural person in any criminal case, except a
prosecution for perjury or for giving a false statement.
The Secretary shall evaluate the reports submitted pursu-
ant to this paragraph, and based on those reports and any
necessary inspection shall take enforcement action pursu-
ant to this section.
(6) The Secretary, or for National Forest System
lands the Secretary of Agriculture, shall determine what
information shall be reported by the operator pursuant to
paragraph (5). A failure to report as required by the Sec-
retary concerned shall constitute a violation of this Act
and subject the operator to enforcement action pursuant
to section 406.
SEC. 404. CITIZENS SUITS.
(a) IN GENERAL.—Except as provided in subsection
(b), any person may commence a civil action on his or
her own behalf to compel compliance—
(1) against any person (including the Secretary
or the Secretary of Agriculture) alleged to have vio-
lated (if there is evidence the alleged violation has
been repeated), or to be in violation of, any of the
provisions of this Act or any regulation promulgated
pursuant to title II or any term or condition of any
permit issued under title II; or
(2) against the Secretary or the Secretary of
Agriculture where there is alleged a failure of such
Secretary to perform any act or duty under this Act,
or to promulgate any regulation under title II, which
is not within the discretion of the Secretary con-
cerned.
The United States district courts shall have jurisdiction
over actions brought under this section, without regard to
the amount in controversy or the citizenship of the parties,
including actions brought to apply any civil penalty under
this Act. The district courts of the United States shall
have jurisdiction to compel agency action unreasonably de-
layed, except that an action to compel agency action re-
viewable under section 405 may only be filed in a United
States district court within the circuit in which such action
would be reviewable under section 405.
(b) EXCEPTIONS.—(1) No action may be commenced
under subsection (a) prior to 60 days after the plaintiff
has given notice in writing of such alleged violation to the
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, except that any such action may be
brought immediately after such notification if the violation
complained of constitutes an imminent threat to the envi-
ronment or to the health or safety of the public.
(2) No action may be brought against any person
other than the Secretary or the Secretary of Agriculture
under subsection (a)(1) if such Secretary has commenced
and is diligently prosecuting a civil or criminal action in
a court of the United States to require compliance.
(3) No action may be commenced under paragraph
(2) of subsection (a) against either Secretary to review any
rule promulgated by, or to any permit issued or denied
by such Secretary if such rule or permit issuance or denial
is judicially reviewable under section 405 or under any
other provision of law at any time after such promulga-
tion, issuance, or denial is final.
(c) VENUE.—Venue of all actions brought under this
section shall be determined in accordance with section
1391 of title 28, United States Code.
(d) COSTS.—The court, in issuing any final order in
any action brought pursuant to this section may award
costs of litigation (including attorney and expert witness
fees) to any party whenever the court determines such
award is appropriate. The court may, if a temporary re-
straining order or preliminary injunction is sought, require
the filing of a bond or equivalent security in accordance
with the Federal Rules of Civil Procedure.
(e) SAVINGS CLAUSE.—Nothing in this section shall
restrict any right which any person (or class of persons)
may have under chapter 7 of title 5, United States Code,
under this section, or under any other statute or common
law to bring an action to seek any relief against the Sec-
retary or the Secretary of Agriculture or against any other
person, including any action for any violation of this Act
or of any regulation or permit issued under this Act or
for any failure to act as required by law. Nothing in this
section shall affect the jurisdiction of any court under any
provision of title 28, United States Code, including any
action for any violation of this Act or of any regulation
or permit issued under this Act or for any failure to act
as required by law. Nothing in this Act shall be construed
to be a waiver of the sovereign immunity of an Indian tribe
except as provided for in section 203.
SEC. 405. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) REVIEW
BY SECRETARY.—(1)(A) Any person
issued a notice of violation or cessation order under sec-
tion 406, or any person having an interest which is or
may be adversely affected by such notice or order, may
apply to the Secretary, or for National Forest System
lands the Secretary of Agriculture, for review of the notice
or order within 30 days after receipt thereof, or as the
case may be, within 30 days after such notice or order
is modified, vacated, or terminated.
(B) Any person who is subject to a penalty assessed
under section 110 (relating to failure to comply), or sec-
tion 406 may apply to the Secretary concerned for review
of the assessment within 45 days of notification of such
penalty.
(C) Any person may apply to such Secretary for re-
view of the decision within 30 days after it is made.
(D) Pending a review by the Secretary or resolution
of an administrative appeal, final decisions (except en-
forcement actions under section 406) shall be stayed.
(2) The Secretary concerned shall provide an oppor-
tunity for a public hearing at the request of any party
to the proceeding as specified in paragraph (1). The filing
of an application for review under this subsection shall not
operate as a stay of any order or notice issued under sec-
tion 406.
(3) For any review proceeding under this subsection,
the Secretary concerned shall make findings of fact and
shall issue a written decision incorporating therein an
order vacating, affirming, modifying, or terminating the
notice, order, or decision, or with respect to an assess-
ment, the amount of penalty that is warranted. Where the
application for review concerns a cessation order issued
under section 406 the Secretary concerned shall issue the
written decision within 30 days of the receipt of the appli-
cation for review or within 30 days after the conclusion
of any hearing referred to in paragraph (2), whichever is
later, unless temporary relief has been granted by the Sec-
retary concerned under paragraph (4).
(4) Pending completion of any review proceedings
under this subsection, the applicant may file with the Sec-
retary, or for National Forest System lands the Secretary
of Agriculture, a written request that the Secretary grant
temporary relief from any order issued under section 406
together with a detailed statement giving reasons for such
relief. The Secretary concerned shall expeditiously issue
an order or decision granting or denying such relief. The
Secretary concerned may grant such relief under such con-
ditions as he may prescribe only if such relief shall not
adversely affect the health or safety of the public or cause
imminent environmental harm to land, air, or water re-
sources.
(5) The availability of review under this subsection
shall not be construed to limit the operation of rights
under section 404 (relating to citizen suits).
(b) JUDICIAL REVIEW.—(1) Any final action by the
Secretaries of the Interior and Agriculture in promul-
gating regulations to implement this Act, or any other
final actions constituting rulemaking to implement this
Act, shall be subject to judicial review only in the United
States Court of Appeals for the District of Columbia. Any
action subject to judicial review under this subsection shall
be affirmed unless the court concludes that such action
is arbitrary, capricious, or otherwise inconsistent with law.
A petition for review of any action subject to judicial re-
view under this subsection shall be filed within 60 days
from the date of such action, or after such date if the
petition is based solely on grounds arising after the 60th
day. Any such petition may be made by any person who
commented or otherwise participated in the rulemaking or
any person who may be adversely affected by the action
of the Secretaries.
(2) Final agency action under this Act, including
such final action on those matters described under sub-
section (a), shall be subject to judicial review in accord-
ance with paragraph (4) and pursuant to section 1391 of
title 28, United States Code, on or before 60 days from
the date of such final action. Any action subject to judicial
review under this subsection shall be affirmed unless the
court concludes that such action is arbitrary, capricious,
or otherwise inconsistent with law.
(3) The availability of judicial review established in
this subsection shall not be construed to limit the oper-
ations of rights under section 404 (relating to citizens
suits).
(4) The court shall hear any petition or complaint
filed under this subsection solely on the record made be-
fore the Secretary or Secretaries concerned. The court
may affirm or vacate any order or decision or may remand
the proceedings to the Secretary or Secretaries for such
further action as it may direct.
(5) The commencement of a proceeding under this
section shall not, unless specifically ordered by the court,
operate as a stay of the action, order, or decision of the
Secretary or Secretaries concerned.
(c) COSTS.—Whenever a proceeding occurs under
subsection (a) or (b), at the request of any person, a sum
equal to the aggregate amount of all costs and expenses
(including attorney fees) as determined by the Secretary
or Secretaries concerned or the court to have been reason-
ably incurred by such person for or in connection with par-
ticipation in such proceedings, including any judicial re-
view of the proceeding, may be assessed against either
party as the court, in the case of judicial review, or the
Secretary or Secretaries concerned in the case of adminis-
trative proceedings, deems proper if it is determined that
such party prevailed in whole or in part, achieving some
success on the merits, and that such party made a sub-
stantial contribution to a full and fair determination of
the issues.
SEC. 406. ENFORCEMENT.
(a) ORDERS.—(1) If the Secretary, or for National
Forest System lands the Secretary of Agriculture, or an
authorized representative of such Secretary, determines
that any person is in violation of any surface management
or monitoring requirement, such Secretary or authorized
representative shall issue to such person a notice of viola-
tion describing the violation and the corrective measures
to be taken. The Secretary concerned, or the authorized
representative of such Secretary, shall provide such person
with a period of time not to exceed 30 days to abate the
violation. Such period of time may be extended by the Sec-
100
retary concerned upon a showing of good cause by such
person. If, upon the expiration of time provided for such
abatement, the Secretary concerned, or the authorized
representative of such Secretary, finds that the violation
has not been abated he shall immediately order a cessation
of all mineral activities or the portion thereof relevant to
the violation.
(2) If the Secretary concerned, or the authorized rep-
resentative of the Secretary concerned, determines that
any condition or practice exists, or that any person is in
violation of any surface management or monitoring re-
quirement, and such condition, practice or violation is
causing, or can reasonably be expected to cause—
(A) an imminent danger to the health or safety
of the public; or
(B) significant, imminent environmental harm
to land, air, water, or fish or wildlife resources;
such Secretary or authorized representative shall imme-
diately order a cessation of mineral activities or the por-
tion thereof relevant to the condition, practice, or viola-
tion.
(3)(A) A cessation order pursuant to paragraphs (1)
or (2) shall remain in effect until such Secretary, or au-
thorized representative, determines that the condition,
practice, or violation has been abated, or until modified,
101
vacated or terminated by the Secretary or authorized rep-
resentative. In any such order, the Secretary or authorized
representative shall determine the steps necessary to abate
the violation in the most expeditious manner possible and
shall include the necessary measures in the order. The
Secretary concerned shall require appropriate financial as-
surances to ensure that the abatement obligations are met.
(B) Any notice or order issued pursuant to para-
graphs (1) or (2) may be modified, vacated, or terminated
by the Secretary concerned or an authorized representa-
tive of such Secretary. Any person to whom any such no-
tice or order is issued shall be entitled to a hearing on
the record.
(4) If, after 30 days of the date of the order referred
to in paragraph (3)(A) the required abatement has not
occurred, the Secretary concerned shall take such alter-
native enforcement action against the claim holder or op-
erator (or any person who controls the claim holder or op-
erator) as will most likely bring about abatement in the
most expeditious manner possible. Such alternative en-
forcement action may include, but is not necessarily lim-
ited to, seeking appropriate injunctive relief to bring about
abatement. Nothing in this paragraph shall preclude the
Secretary, or for National Forest System lands the Sec-
102
retary of Agriculture, from taking alternative enforcement
action prior to the expiration of 30 days.
(5) If a claim holder or operator (or any person who
controls the claim holder or operator) fails to abate a vio-
lation or defaults on the terms of the permit, the Sec-
retary, or for National Forest System lands the Secretary
of Agriculture, shall forfeit the financial assurance for the
plan as necessary to ensure abatement and reclamation
under this Act. The Secretary concerned may prescribe
conditions under which a surety may perform reclamation
in accordance with the approved plan in lieu of forfeiture.
(6) The Secretary, or for National Forest System
lands the Secretary of Agriculture, shall not cause for-
feiture of the financial assurance while administrative or
judicial review is pending.
(7) In the event of forfeiture, the claim holder, oper-
ator, or any affiliate thereof, as appropriate as determined
by the Secretary by rule, shall be jointly and severally lia-
ble for any remaining reclamation obligations under this
Act.
(b) COMPLIANCE.—The Secretary, or for National
Forest System lands the Secretary of Agriculture, may re-
quest the Attorney General to institute a civil action for
relief, including a permanent or temporary injunction or
restraining order, or any other appropriate enforcement
103
order, including the imposition of civil penalties, in the dis-
trict court of the United States for the district in which
the mineral activities are located whenever a person—
(1) violates, fails, or refuses to comply with any
order issued by the Secretary concerned under sub-
section (a); or
(2) interferes with, hinders, or delays the Sec-
retary concerned in carrying out an inspection under
section 403.
Such court shall have jurisdiction to provide such relief
as may be appropriate. Any relief granted by the court
to enforce an order under paragraph (1) shall continue
in effect until the completion or final termination of all
proceedings for review of such order unless the district
court granting such relief sets it aside.
(c) DELEGATION.—Notwithstanding any other provi-
sion of law, the Secretary may utilize personnel of the Of-
fice of Surface Mining Reclamation and Enforcement to
ensure compliance with the requirements of this Act.
(d) PENALTIES.—(1) Any person who fails to comply
with any surface management requirement shall be liable
for a penalty of not more than $25,000 per violation. Each
day of violation may be deemed a separate violation for
purposes of penalty assessments.
104
(2) A person who fails to correct a violation for which
a cessation order has been issued under subsection (a)
within the period permitted for its correction shall be as-
sessed a civil penalty of not less than $1,000 per violation
for each day during which such failure continues.
(3) Whenever a corporation is in violation of a surface
management requirement or fails or refuses to comply
with an order issued under subsection (a), any director,
officer, or agent of such corporation who knowingly au-
thorized, ordered, or carried out such violation, failure, or
refusal shall be subject to the same penalties as may be
imposed upon the person referred to in paragraph (1).
(e) SUSPENSIONS OR REVOCATIONS.—The Secretary,
or for National Forest System lands the Secretary of Agri-
culture, shall suspend or revoke a permit issued under title
II, in whole or in part, if the operator or person con-
ducting mineral activities—
(1) knowingly made or knowingly makes any
false, inaccurate, or misleading material statement
in any mining claim, notice of location, application,
record, report, plan, or other document filed or re-
quired to be maintained under this Act;
(2) fails to abate a violation covered by a ces-
sation order issued under subsection (a);
105
(3) fails to comply with an order of the Sec-
retary concerned;
(4) refuses to permit an audit pursuant to this
Act;
(5) fails to maintain an adequate financial as-
surance under section 205;
(6) fails to pay claim maintenance fees or other
moneys due and owing under this Act; or
(7) with regard to plans conditionally approved
under section 204(c)(2), fails to abate a violation to
the satisfaction of the Secretary concerned, or if the
validity of the violation is upheld on the appeal
which formed the basis for the conditional approval.
(f) FALSE STATEMENTS; TAMPERING.—Any person
who knowingly—
(1) makes any false material statement, rep-
resentation, or certification in, or omits or conceals
material information from, or unlawfully alters, any
mining claim, notice of location, application, record,
report, plan, or other documents filed or required to
be maintained under this Act; or
(2) falsifies, tampers with, renders inaccurate,
or fails to install any monitoring device or method
required to be maintained under this Act,
106
shall upon conviction, be punished by a fine of not more
than $10,000, or by imprisonment for not more than 2
years, or by both. If a conviction of a person is for a viola-
tion committed after a first conviction of such person
under this paragraph, punishment shall be by a fine of
not more than $20,000 per day of violation, or by impris-
onment of not more than 4 years, or both. Each day of
continuing violation may be deemed a separate violation
for purposes of penalty assessments.
(g) 
KNOWING
VIOLATIONS.—Any 
person 
who
knowingly—
(1) engages in mineral activities without a per-
mit required under title II, or
(2) violates any other surface management re-
quirement of this Act or any provision of a permit
issued under this Act (including any exploration or
operations plan on which such permit is based), or
condition or limitation thereof,
shall upon conviction be punished by a fine of not less
than $5,000 nor more than $50,000 per day of violation,
or by imprisonment for not more than 3 years, or both.
If a conviction of a person is for a violation committed
after the first conviction of such person under this para-
graph, punishment shall be a fine of not less than $10,000
107
per day of violation, or by imprisonment of not more than
6 years, or both.
(h) KNOWING AND WILLFUL VIOLATIONS.—Any per-
son who knowingly and willfully commits an act for which
a civil penalty is provided in paragraph (1) of subsection
(g) shall, upon conviction, be punished by a fine of not
more than $50,000, or by imprisonment for not more than
2 years, or both.
(i) DEFINITION.—For purposes of this section, the
term ‘‘person’’ includes a person as defined in section
3(a)(19) and any officer, agent, or employee of any such
person.
SEC. 407. REGULATIONS; EFFECTIVE DATES.
(a) EFFECTIVE DATE.—The provisions of this Act
shall take effect on the date of enactment of this Act, ex-
cept as otherwise provided in this Act.
(b) REGULATIONS.—The Secretary and the Secretary
of Agriculture may issue such regulations as may be nec-
essary under this Act. The regulations implementing title
II and the provisions of title IV which affect the United
States Forest Service shall be joint regulations issued by
both Secretaries.
(c) NOTICE.—Within 180 days after the date of en-
actment of this Act, the Secretary shall give notice to hold-
108
ers of mining claims and millsites maintained under the
general mining laws as to the requirements of section 106.
Subtitle B—Miscellaneous
Provisions
SEC. 411. TRANSITIONAL RULES; SURFACE MANAGEMENT
REQUIREMENTS.
(a) NEW CLAIMS.—Notwithstanding any other provi-
sion of law, any mining claim for a locatable mineral on
lands subject to this Act located after the date of enact-
ment of this Act shall be subject to the requirements of
title II.
(b) PREEXISTING CLAIMS.—(1) Notwithstanding any
other provision of law, any unpatented mining claim or
millsite located under the general mining laws before the
date of enactment of this Act for which a plan of operation
has not been approved or a notice filed prior to the date
of enactment shall, upon the effective date of this Act,
be subject to the requirements of title II, except as pro-
vided in paragraphs (2) and (3).
(2)(A) If a plan of operations had been approved for
mineral activities on any claim or site referred to in para-
graph (1) prior to the date of enactment of this Act, for
a period of 5 years after the effective date of this Act min-
eral activities at such claim or site shall be subject to such
plan of operations (or a modification or amendment there-
109
to prepared in accordance with the provisions of law appli-
cable prior to the enactment of this Act). During such 5-
year period, modifications of, or amendments to, any such
plan may be made in accordance with the provisions of
law applicable prior to the enactment of this Act if such
modifications or amendments are deemed minor by the
Secretary concerned. After such 5-year period the require-
ments of title II shall apply, subject to the limitations of
section 208. In order to meet the requirements of title II,
the person conducting mineral activities under such plan
of operations (or modified or amended plan) shall apply
for a modification under section 203(f) no later than 3
years after the date of enactment of this Act. For purposes
of this paragraph, any modification or amendment that
extends the area covered by the plan (except for incidental
boundary revisions) or that increases the risk of adverse
effects on the environment shall not be subject to this
paragraph and shall be subject to other provisions of this
Act.
(B) During the 5-year period referred to in subpara-
graph (A), the provisions of section 403 (relating to in-
spection and monitoring) and section 406 (relating to en-
forcement) shall apply on the basis of the surface manage-
ment requirements applicable to such plans of operations
prior to the effective date of this Act.
110
(C) Where an application for modification or amend-
ment of a plan of operations referred to in subparagraph
(A) has been timely submitted and an approved plan ex-
pires prior to Secretarial action on the application, mineral
activities and reclamation may continue in accordance
with the terms of the expired plan until the Secretary
makes an administrative decision on the application.
(3)(A) If a substantially complete application for ap-
proval of a plan of operations or for a modification of,
or amendment to, a plan of operations had been submitted
by the date of enactment of this Act and either a scoping
document or an environmental assessment prepared for
purposes of compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 and following) had
been published with respect to such plan, modification, or
amendment before the date of the enactment of this Act
but the submitted plan of operations or modification or
amendment had not been approved for mineral activities
on any claim or site referred to in paragraph (1) prior
to such date of enactment, for a period of 5 years after
the effective date of this Act mineral activities at such
claim or site shall be subject to the provisions of law appli-
cable prior to the enactment of this Act. During such 5-
year period, subsequent modifications of, or amendments
to, any such plan may be made in accordance with the
111
provisions of law applicable prior to the enactment of this
Act if such subsequent modifications or amendments are
deemed minor by the Secretary concerned. After such 5-
year period, the requirements of title II shall apply, sub-
ject to the limitations of section 208. For purposes of this
paragraph, any subsequent modification or amendment
which extends the area covered by the plan (except for
incidental boundary revisions) or which significantly in-
creases the risk of adverse effects on the environment shall
not be subject to this paragraph and shall be subject to
other provisions of this Act.
(B) In order to meet the requirements of title II, the
person conducting mineral activities under a plan of oper-
ations (or modified or amended plan referred to in sub-
paragraph (A)) shall apply for a modification under sec-
tion 203(f) no later than 3 years after the date of enact-
ment of this Act. During such 5-year period the provisions
of section 403 (relating to inspection and monitoring) and
section 406 (relating to enforcement) shall apply on the
basis of the surface management requirements applicable
to such plans of operations prior to the effective date of
this Act.
(C) Where an application for modification or amend-
ment of a plan of operations referred to in subparagraph
(A) has been timely submitted and an approved plan ex-
112
pires prior to Secretarial action on the application, mineral
activities and reclamation may continue in accordance
with the terms of the expired plan until the Secretary
makes an administrative decision on the application.
(4) If a notice had been filed with the authorized offi-
cer in the applicable office of the Bureau of Land Manage-
ment or the United States Forest Service (as provided for
in the regulations of the Secretary of the Interior or the
Secretary of Agriculture, respectively, in effect prior to the
date of enactment of this Act) prior to the date of enact-
ment of this Act, mineral activities may continue under
such notice or notice of intent for a period of 2 years after
the effective date of this Act, after which time the require-
ments of title II shall apply, subject to the limitations of
section 208(d)(2). In order to meet the requirements of
title II, the person conducting mineral activities under
such notice shall apply for a permit under section 203 no
later than 18 months after the effective date of this Act,
unless such mineral activities are conducted pursuant to
section 202(b). During such 2-year period the provisions
of sections 403 (relating to inspection and monitoring)
and 406 (relating to enforcement) shall apply on the basis
of the surface management requirements applicable to
such notices prior to the effective date of this Act.
113
SEC. 412. OIL SHALE CLAIMS SUBJECT TO SPECIAL RULES.
(a) The provisions of section 411 shall apply to oil
shale claims referred to in section 2511(e)(2) of the En-
ergy Policy Act of 1992 (Public Law 102–486).
(b) Section 2511(f) of the Energy Policy Act of 1992
(Public Law 102–486) is amended as follows:
(1) By striking ‘‘as prescribed by the Sec-
retary’’.
(2) By inserting the following before the period:
‘‘in the same manner as if such claims were subject
to title II of the Mineral Exploration and Develop-
ment Act of 2002’’.
SEC. 413. PURCHASING POWER ADJUSTMENT.
The Secretary shall adjust all location fees, claim
maintenance rates, penalty amounts, and other dollar
amounts established in this Act for changes in the pur-
chasing power of the dollar every 10 years following the
date of enactment of this Act, employing the Consumer
Price Index for All-Urban Consumers published by the De-
partment of Labor as the basis for adjustment, and round-
ing according to the adjustment process of conditions of
the Federal Civil Penalties Inflation Adjustment Act of
1990 (104 Stat. 890).
SEC. 414. SAVINGS CLAUSE.
(a) SPECIAL APPLICATION OF MINING LAWS.—Noth-
ing in this Act shall be construed as repealing or modi-
114
fying any Federal law, regulation, order, or land use plan,
in effect prior to the date of enactment of this Act that
prohibits or restricts the application of the general mining
laws, including laws that provide for special management
criteria for operations under the general mining laws as
in effect prior to the date of enactment of this Act, to
the extent such laws provide environmental protection
greater than required under this Act, and any such prior
law shall remain in force and effect with respect to claims
located (or proposed to be located) or converted under this
Act. Nothing in this Act shall be construed as applying
to or limiting mineral investigations, studies, or other min-
eral activities conducted by any Federal or State agency
acting in its governmental capacity pursuant to other au-
thority. Nothing in this Act shall affect or limit any as-
sessment, investigation, evaluation, or listing pursuant to
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601 and fol-
lowing), or the Solid Waste Disposal Act (42 U.S.C. 3251
and following).
(b) EFFECT ON OTHER FEDERAL LAWS.—The provi-
sions of this Act shall supersede the general mining laws,
but, except for the general mining laws, nothing in this
Act shall be construed as superseding, modifying, amend-
ing, or repealing any provision of Federal law not ex-
115
pressly superseded, modified, amended, or repealed by this
Act. Nothing in this Act shall be construed as altering,
affecting, amending, modifying, or changing, directly or
indirectly, any law which refers to and provides authorities
or responsibilities for, or is administered by, the Environ-
mental Protection Agency or the Administrator of the En-
vironmental Protection Agency, including the Federal
Water Pollution Control Act, title XIV of the Public
Health Service Act (the Safe Drinking Water Act), the
Clean Air Act, the Pollution Prevention Act of 1990, the
Toxic Substances Control Act, the Federal Insecticide,
Fungicide, and Rodenticide Act, the Federal Food, Drug,
and Cosmetic Act, the Motor Vehicle Information and
Cost Savings Act, the Federal Hazardous Substances Act,
the Endangered Species Act of 1973, the Atomic Energy
Act, the Noise Control Act of 1972, the Solid Waste Dis-
posal Act, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, the Superfund
Amendments and Reauthorization Act of 1986, the Ocean
Dumping Act, the Environmental Research, Development,
and Demonstration Authorization Act, the Pollution Pros-
ecution Act of 1990, and the Federal Facilities Compli-
ance Act of 1992, or any statute containing an amend-
ment to any of such Acts. Nothing in this Act shall be
construed as modifying or affecting any provision of the