HR 2262 RFS 
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. 506. 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 environmental pro-
tection requirement under title III or any regulation 
issued by the Secretaries to implement this Act, such Sec-
retary or authorized representative shall issue to such per-
son a notice of violation 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 Secretary concerned upon a showing 
of good cause by such person. If, upon the expiration of 
time provided for such abatement, the Secretary con-
cerned, or the authorized representative of such Secretary, 
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS
HR 2262 RFS 
finds that the violation has not been abated he or she 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 requirement under a permit approved 
under this Act, 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, 
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 
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS
HR 2262 RFS 
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-
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-
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS
HR 2262 RFS 
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 
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— 
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS
HR 2262 RFS 
(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 503. 
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 requirement of a permit approved under this Act 
or any regulation issued by the Secretaries to implement 
this Act 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 assess-
ments. 
(2) A person who fails to correct a violation for which 
a cessation order has been issued under subsection (a) 
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS
HR 2262 RFS 
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 re-
quirement of a permit approved under this Act or any reg-
ulation issued by the Secretaries to implement this Act 
or fails or refuses to comply with an order issued under 
subsection (a), any director, officer, or agent of such cor-
poration who knowingly authorized, 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 
III, in whole or in part, if the operator— 
(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); 
(3) fails to comply with an order of the Sec-
retary concerned; 
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS
HR 2262 RFS 
(4) refuses to permit an audit pursuant to this 
Act; 
(5) fails to maintain an adequate financial as-
surance under section 306; 
(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 305(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, 
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-
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS
HR 2262 RFS 
tion committed after a first conviction of such person 
under this subsection, 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 know-
ingly— 
(1) engages in mineral activities without a per-
mit required under title III; or 
(2) violates any other requirement of a permit 
issued under this Act, or any 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 sub-
section, punishment shall be a fine of not less than 
$10,000 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 
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS
HR 2262 RFS 
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 any officer, agent, or employee of 
a person. 
SEC. 507. REGULATIONS. 
The Secretary and the Secretary of Agriculture shall 
issue such regulations as are necessary to implement this 
Act. The regulations implementing title II, title III, title 
IV, and title V that affect the Forest Service shall be joint 
regulations issued by both Secretaries, and shall be issued 
no later than 180 days after the date of enactment of this 
Act. 
SEC. 508. EFFECTIVE DATE. 
This Act shall take effect on the date of enactment 
of this Act, except as otherwise provided in this Act. 
Subtitle B—Miscellaneous 
Provisions 
SEC. 511. OIL SHALE CLAIMS. 
Section 2511(f) of the Energy Policy Act of 1992 
(Public Law 102–486) is amended— 
(1) by striking ‘‘as prescribed by the Sec-
retary’’; and 
(2) by inserting before the period the following: 
‘‘in the same manner as required by title II and title 
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS
HR 2262 RFS 
III of the Hardrock Mining and Reclamation Act of 
2007’’. 
SEC. 512. 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 no less frequently than every 
5 years following the date of enactment of this Act, em-
ploying the Consumer Price Index for All-Urban Con-
sumers published by the Department of Labor as the basis 
for adjustment, and rounding according to the adjustment 
process of conditions of the Federal Civil Penalties Infla-
tion Adjustment Act of 1990 (104 Stat. 890). 
SEC. 513. SAVINGS CLAUSE. 
(a) SPECIAL APPLICATION OF MINING LAWS.—Noth-
ing in this Act shall be construed as repealing or modi-
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 for protection of natural and 
cultural resources and the environment greater than re-
quired under this Act, and any such prior law shall remain 
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS
HR 2262 RFS 
in force and effect with respect to claims located (or pro-
posed 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 mineral activities 
conducted by any Federal or State agency acting in its 
governmental capacity pursuant to other authority. Noth-
ing in this Act shall affect or limit any assessment, inves-
tigation, evaluation, or listing pursuant to the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601 et seq.), or the Solid 
Waste Disposal Act (42 U.S.C. 3251 et seq.). 
(b) EFFECT ON OTHER FEDERAL LAWS.—The provi-
sions of this Act shall supersede the general mining laws, 
except for those parts of the general mining laws respect-
ing location of mining claims that are not expressly modi-
fied by this Act. Except for the general mining laws, noth-
ing in this Act shall be construed as superseding, modi-
fying, amending, or repealing any provision of Federal law 
not expressly superseded, modified, amended, or repealed 
by this Act. Nothing in this Act shall be construed as al-
tering, affecting, amending, modifying, or changing, di-
rectly or indirectly, any law which refers to and provides 
authorities or responsibilities for, or is administered by, 
the Environmental Protection Agency or the Adminis-
trator of the Environmental Protection Agency, including 
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS
HR 2262 RFS 
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 
Native American Graves Protection and Repatriation Act 
(Public Law 101–601) or any provision of the American 
Indian Religious Freedom Act (42 U.S.C. 1996), the Na-
tional Historic Preservation Act (16 U.S.C. 470 et seq.), 
and the Religious Freedom Restoration Act of 1993 (42 
U.S.C. 2000bb et seq.). 
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS
HR 2262 RFS 
(c) PROTECTION
OF CONSERVATION AREAS.—In 
order to protect the resources and values of National Con-
servation System units, the Secretary, as appropriate, 
shall utilize authority under this Act and other applicable 
law to the fullest extent necessary to prevent mineral ac-
tivities that could have an adverse impact on the resources 
or values for which such units were established. 
(d) SOVEREIGN IMMUNITY
OF INDIAN TRIBES.— 
Nothing in this section shall be construed so as to waive 
the sovereign immunity of any Indian tribe. 
SEC. 514. AVAILABILITY OF PUBLIC RECORDS. 
Copies of records, reports, inspection materials, or in-
formation obtained by the Secretary or the Secretary of 
Agriculture under this Act shall be made immediately 
available to the public, consistent with section 552 of title 
5, United States Code, in central and sufficient locations 
in the county, multicounty, and State area of mineral ac-
tivity or reclamation so that such items are conveniently 
available to residents in the area proposed or approved for 
mineral activities and on the Internet. 
SEC. 515. MISCELLANEOUS POWERS. 
(a) IN GENERAL.—In carrying out his or her duties 
under this Act, the Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, may conduct any 
investigation, inspection, or other inquiry necessary and 
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS
HR 2262 RFS 
appropriate and may conduct, after notice, any hearing 
or audit, necessary and appropriate to carrying out his 
or her duties. 
(b) ANCILLARY POWERS.—In connection with any 
hearing, inquiry, investigation, or audit under this Act, the 
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, is authorized to take any of the fol-
lowing actions: 
(1) Require, by special or general order, any 
person to submit in writing such affidavits and an-
swers to questions as the Secretary concerned may 
reasonably prescribe, which submission shall be 
made within such reasonable period and under oath 
or otherwise, as may be necessary. 
(2) Administer oaths. 
(3) Require by subpoena the attendance and 
testimony of witnesses and the production of all 
books, papers, records, documents, matter, and ma-
terials, as such Secretary may request. 
(4) Order testimony to be taken by deposition 
before any person who is designated by such Sec-
retary and who has the power to administer oaths, 
and to compel testimony and the production of evi-
dence in the same manner as authorized under para-
graph (3) of this subsection. 
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS
HR 2262 RFS 
(5) Pay witnesses the same fees and mileage as 
are paid in like circumstances in the courts of the 
United States. 
(c) ENFORCEMENT.—In cases of refusal to obey a 
subpoena served upon any person under this section, the 
district court of the United States for any district in which 
such person is found, resides, or transacts business, upon 
application by the Attorney General at the request of the 
Secretary concerned and after notice to such person, shall 
have jurisdiction to issue an order requiring such person 
to appear and produce documents before the Secretary 
concerned. Any failure to obey such order of the court may 
be punished by such court as contempt thereof and subject 
to a penalty of up to $10,000 a day. 
(d) ENTRY AND ACCESS.—Without advance notice 
and upon presentation of appropriate credentials, the Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, or any authorized representative thereof— 
(1) shall have the right of entry to, upon, or 
through the site of any claim, mineral activities, or 
any premises in which any records required to be 
maintained under this Act are located; 
(2) may at reasonable times, and without delay, 
have access to records, inspect any monitoring 
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS
HR 2262 RFS 
equipment, or review any method of operation re-
quired under this Act; 
(3) may engage in any work and do all things 
necessary or expedient to implement and administer 
the provisions of this Act; 
(4) may, on any mining claim located under the 
general mining laws and maintained in compliance 
with this Act, and without advance notice, stop and 
inspect any motorized form of transportation that 
such Secretary has probable cause to believe is car-
rying locatable minerals, concentrates, or products 
derived therefrom from a claim site for the purpose 
of determining whether the operator of such vehicle 
has documentation related to such locatable min-
erals, concentrates, or products derived therefrom as 
required by law, if such documentation is required 
under this Act; and 
(5) may, if accompanied by any appropriate law 
enforcement officer, or an appropriate law enforce-
ment officer alone, stop and inspect any motorized 
form of transportation which is not on a claim site 
if he or she has probable cause to believe such vehi-
cle is carrying locatable minerals, concentrates, or 
products derived therefrom from a claim site on 
Federal lands or allocated to such claim site. Such 
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS
HR 2262 RFS 
inspection shall be for the purpose of determining 
whether the operator of such vehicle has the docu-
mentation required by law, if such documentation is 
required under this Act. 
SEC. 516. MULTIPLE MINERAL DEVELOPMENT AND SUR-
FACE RESOURCES. 
The provisions of sections 4 and 6 of the Act of Au-
gust 13, 1954 (30 U.S.C. 524 and 526), commonly known 
as the Multiple Minerals Development Act, and the provi-
sions of section 4 of the Act of July 23, 1955 (30 U.S.C. 
612), shall apply to all mining claims located under the 
general mining laws and maintained in compliance with 
such laws and this Act. 
SEC. 517. MINERAL MATERIALS. 
(a) DETERMINATIONS.—Section 3 of the Act of July 
23, 1955 (30 U.S.C. 611), is amended— 
(1) by inserting ‘‘(a)’’ before the first sentence; 
(2) by inserting ‘‘mineral materials, including 
but not limited to’’ after ‘‘varieties of’’ in the first 
sentence; 
(3) by striking ‘‘or cinders’’ and inserting in 
lieu thereof ‘‘cinders, and clay’’; and 
(4) by adding the following new subsection at 
the end thereof: 
VerDate Aug 31 2005 
23:15 Nov 05, 2007
Jkt 069200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.RFS
H2262
hsrobinson on PROD1PC76 with BILLS