the gross income from mining. The claim holder or 
any operator to whom the claim holder has assigned 
the obligation to make royalty payments under the 
claim and any person who controls such claim holder 
or operator shall be liable for payment of such royal-
ties. 
(2) FEDERAL LAND ADDED TO EXISTING OPER-
ATIONS PERMIT.—Any Federal land added through 
a plan modification to an operations permit that is 
submitted after the date of enactment of this Act 
shall be subject to the royalty that applies to Fed-
eral land under paragraph (1). 
(3) DEPOSIT.—Amounts received by the United 
States as royalties under this subsection shall be de-
posited into the Treasury. 
(b) DUTIES OF CLAIM HOLDERS, OPERATORS, AND 
TRANSPORTERS.— 
(1) A person— 
(A) who is required to make any royalty 
payment under this section shall make such 
payments to the United States at such times 
and in such manner as the Secretary may by 
rule prescribe; and 
(B) shall notify the Secretary, in the time 
and manner as may be specified by the Sec-
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retary, of any assignment that such person may 
have made of the obligation to make any roy-
alty or other payment under a mining claim. 
(2) Any person paying royalties under this sec-
tion shall file a written instrument, together with the 
first royalty payment, affirming that such person is 
responsible for making proper payments for all 
amounts due for all time periods for which such per-
son has a payment responsibility. Such responsibility 
for the periods 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 roy-
alty payments under this section who assigns any 
payment 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 secu-
rity provisions in the operations permit de-
signed to protect from theft the locatable min-
erals, concentrates or products derived there-
from which are produced or stored on a mining 
claim, and such provisions shall conform with 
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such minimum standards as the Secretary may 
prescribe by rule, taking into account the vari-
ety 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 per-
son engaged in transporting a locatable mineral, 
concentrate, or product derived there from 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, origin, and intended des-
tination of the locatable mineral, concentrate, or 
product derived there from in such circumstances 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, 
transporting, purchasing, or selling locatable min-
erals, concentrates, or products derived therefrom, 
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subject to this title, through the point of royalty 
computation shall establish and maintain any 
records, make any reports, and provide any informa-
tion that the Secretary may reasonably require for 
the purposes of implementing this section or deter-
mining compliance with rules or orders under this 
section. Such records shall include, but not be lim-
ited 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, quality, composition volume, 
weight, and assay of all minerals extracted from the 
mining claim. Upon the request of any officer or em-
ployee duly designated by the Secretary conducting 
an audit or investigation pursuant to this section, 
the appropriate records, reports, or information that 
may be required by this section shall be made avail-
able for inspection and duplication by such officer or 
employee. Failure by a claim holder, operator, or 
other person referred to in the first sentence to co-
operate with such an audit, provide data required by 
the Secretary, or grant access to information may, 
at the discretion of the Secretary, result in involun-
tary forfeiture of the claim. 
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