maintained in compliance with such laws. Such term 
may include an agent of a claim holder. 
(8) 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 ownership interest, authority to commit the 
entity’s real or financial assets, position as a direc-
tor, officer, or partner of the entity, or contractual 
arrangement. 
(9) The term ‘‘crude ore’’ means ore in its un-
processed form, containing profitable amounts of the 
target mineral. 
(10) The term ‘‘displaced material’’ means any 
crude ore and waste dislodged from its location at 
the time hardrock mineral activities begin at a sur-
face, underground, or in-situ mine. 
(11) The term ‘‘exploration’’— 
(A) subject to subparagraphs (B) and (C), 
means creating surface disturbance other than 
casual use, to evaluate the type, extent, quan-
tity, or quality of minerals present; 
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(B) includes mineral activities associated 
with sampling, drilling, and analyzing hardrock 
mineral values; and 
(C) does not include extraction of mineral 
material for commercial use or sale. 
(12) The term ‘‘Federal land’’ means any land, 
and any interest in land, that is owned by the 
United States, except lands in the National Park 
System, Indian lands, and lands on the Outer Conti-
nental Shelf. 
(13) The term ‘‘Fund’’ means the Hardrock 
Minerals Reclamation Fund established by this Act. 
(14) 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, or held by an Alaska Native village, vil-
lage corporation, or regional corporation as defined 
in or established pursuant to the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et seq.). 
(15) The term ‘‘Indian Tribe’’ means any In-
dian Tribe, band, nation, pueblo, or other organized 
group or community, including any Alaska Native 
village, village corporation, or regional corporation 
as defined in or established pursuant to the Alaska 
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Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.), that is recognized as eligible for the special 
programs and services provided by the United States 
to Indians because of their status as Indians. 
(16) The term ‘‘hardrock mineral’’— 
(A) subject to subparagraph (B), means 
any mineral that was subject to location under 
the general mining laws as of the date of enact-
ment of this Act, and that is not subject to dis-
position under— 
(i) the Mineral Leasing Act (30 
U.S.C. 181 et seq.); 
(ii) the Geothermal Steam Act of 
1970 (30 U.S.C. 1001 et seq.); 
(iii) the Act of July 31, 1947, com-
monly known as the Materials Act of 1947 
(30 U.S.C. 601 et seq.); or 
(iv) the Mineral Leasing for Acquired 
Lands Act (30 U.S.C. 351 et seq.); and 
(B) does not include any mineral that is 
subject to a restriction against alienation im-
posed by the United States and is— 
(i) held in trust by the United States 
for any Indian or Indian Tribe, as defined 
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in section 2 of the Indian Mineral Develop-
ment Act of 1982 (25 U.S.C. 2101); or 
(ii) owned by any Indian or Indian 
Tribe, as defined in that section. 
(17) The term ‘‘mineral activities’’ means any 
activity on a mining claim, millsite claim, or tunnel 
site claim, or a lease, license, or permit issued under 
this Act, for, related to, or incidental to, mineral ex-
ploration, mining, beneficiation, processing, or rec-
lamation activities for any hardrock mineral. 
(18) The term ‘‘memorandum of agreement’’ 
means a document that records the terms and condi-
tions agreed upon by an agency and an Indian Tribe 
through the consultation process regarding an activ-
ity. 
(19) 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 Wilderness Preserva-
tion System, National Landscape Conservation Sys-
tem, or National Trails System, or a National Con-
servation Area, a National Recreation Area, a Wil-
derness Study Area, a National Monument, or any 
unit of the National Wilderness Preservation System 
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or lands within the National Forest System, includ-
ing: 
(A) National Volcanic Monuments. 
(B) Recreation Areas, Scenic Recreation 
Areas, and Winter Recreation Areas. 
(C) Scenic Areas, Scenic-Research Areas, 
Scenic Highways, National Scenic and Wildlife 
Areas. 
(D) National Game and Wildlife Preserves. 
(E) Special Management, Wildlife, Con-
servation and Protection Areas, including bo-
tanical, hydrological (watershed), geological, 
historical, paleontological, and zoological areas. 
(F) Experimental Forests, Ranges, and 
Watersheds. 
(G) Research Sites and Research Natural 
Areas. 
(H) Inventoried Roadless Area, Colorado 
Roadless Area, and Idaho Roadless Area. 
(I) Recommended Wilderness and Primi-
tive Areas. 
(20) The term ‘‘operator’’ means any person 
proposing or authorized by a permit issued under 
this Act to conduct mineral activities and any agent 
of such person. 
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(21) 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. 
(22) The term ‘‘processing’’ means processes 
downstream of beneficiation employed to prepare 
locatable mineral ore into the final marketable prod-
uct, including smelting and electrolytic refining. 
(23) The term ‘‘sacred site’’ means any specific 
delineated location on Federal land that is identified 
by an Indian Tribe— 
(A) as sacred by virtue of its established 
religious significance to, or ceremonial use by, 
an Indian religion; or 
(B) to be of established cultural signifi-
cance. 
(24) The term ‘‘Secretary’’ means the Secretary 
of the Interior, unless otherwise specified. 
(25) The term ‘‘Secretary concerned’’ means— 
(A) the Secretary of Agriculture (acting 
through the Chief of the Forest Service) with 
respect to National Forest System land; and 
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(B) the Secretary of the Interior (acting 
through the Director of the Bureau of Land 
Management) with respect to other Federal 
land. 
(26)(A) The term ‘‘small miner’’ means a per-
son (including all related parties thereto) that— 
(i) holds not more than 10 mining claims, 
mill sites, or tunnel sites, or any combination 
thereof, on public lands; 
(ii) holds leases and permits under this Act 
with respect to not more than 200 acres of Fed-
eral land; 
(iii) certifies to the Secretary in writing 
that the person had annual gross income in the 
preceding calendar year from mineral produc-
tion in an amount less than $50,000; and 
(iv) has performed assessment work re-
quired under the Mining Law of 1872 (30 
U.S.C. 28 et seq.) to maintain any mining 
claims held by the person (including such re-
lated parties) for the assessment year ending on 
noon of September 1 of the calendar year in 
which payment of the claim maintenance fee 
was due. 
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(B) For purposes of subparagraph (A), with re-
spect to any person, the term ‘‘all related parties’’ 
means— 
(i) the spouse and dependent children (as 
defined in section 152 of the Internal Revenue 
Code of 1986), of the person concerned; or 
(ii) a person affiliated with the person con-
cerned, including— 
(I) another person controlled by, con-
trolling, or under common control with the 
person concerned; or 
(II) a subsidiary or parent company 
or corporation of the person concerned. 
(C) For purposes of subparagraph (A)(iii), the 
dollar amount shall be applied, for a person, to the 
aggregate of all annual gross income from mineral 
production under all mining claims held by or as-
signed to such person or all related parties with re-
spect to such person, including mining claims lo-
cated or for which a patent was issued before the 
date of enactment of this Act. 
(27) The term ‘‘temporary cessation’’ means a 
halt in mine-related production activities for a con-
tinuous period of no longer than 5 years. 
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(28) The term ‘‘ton’’ means 2,000 pounds av-
oirdupois (.90718 metric ton). 
(29) The term ‘‘undue degradation’’ means ir-
reparable harm to significant scientific, cultural, or 
environmental resources on public lands. 
(30) The term ‘‘valuable mineral deposit’’ 
means a deposit of hardrock minerals that is of suf-
ficient value for a prudent operator to economically 
mine. 
(31) The term ‘‘waste’’ means rock that must 
be fractured and removed in order to gain access to 
crude ore. 
(b) REFERENCES TO OTHER LAWS.— 
(1) GENERAL MINING LAWS.—Any reference in 
this Act to the term ‘‘general mining laws’’ is a ref-
erence to those Acts that generally comprise chap-
ters 2, 12A, and 16, and sections 161 and 162, of 
title 30, United States Code. 
(2) ACT OF JULY 23, 1955.—Any reference in 
this Act to the Act of July 23, 1955, is a reference 
to the Act 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 pur-
poses’’ (30 U.S.C. 601 et seq.). 
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SEC. 3. APPLICATION RULES. 
(a) IN GENERAL.—This Act applies to any mining 
claim, millsite claim, or tunnel site claim located under 
the general mining laws, before or on the date of enact-
ment of this Act. 
(b) APPLICATION OF ACT TO BENEFICIATION AND 
PROCESSING OF NON-FEDERAL MINERALS ON FEDERAL 
LANDS.—The provisions of this Act shall apply in the 
same manner and to the same extent to mining claims, 
millsite claims, tunnel site claims, and any land included 
in a lease or license issued under this Act, used for 
beneficiation or processing activities for any hardrock min-
eral. 
TITLE I—MINERAL LEASING, EX-
PLORATION, AND DEVELOP-
MENT 
SEC. 101. CLOSURE TO ENTRY AND LOCATION. 
(a) CLOSURE.—Except as otherwise provided in this 
section, as of the effective date of this Act all Federal 
lands are closed to entry and location under the general 
mining laws, and no new rights under the general mining 
laws may be acquired. 
(b) EXISTING NONPRODUCING CLAIMS.— 
(1) CLAIMS WITHOUT PLAN OF OPERATIONS.— 
Any claim under the general mining laws existing on 
the effective date of this Act for which a plan of op-
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erations is not approved, or a notice of operations is 
not filed, before such date shall be subject to the re-
quirements of this Act, and may remain in effect 
until not later than the end of the 10-year period be-
ginning on the date of enactment of this Act if the 
claimholder remains in compliance with section 109, 
unless the claim holder— 
(A) relinquishes the claim; or 
(B) demonstrates eligibility for a lease and 
requests conversion under the regulations 
issued under subsection (d). 
(2) SHORTENING OF PERIOD.—The 10-year pe-
riod referred to in paragraph (1) shall be shortened 
to 3 years if— 
(A) the claim is for an area that is located 
in an area withdrawn or temporarily segregated 
from location under the general mining laws as 
of the effective date of this Act; or 
(B) the claim belongs to a small miner. 
(3) CONVERSION.—Upon showing to the satis-
faction of the Secretary of a valuable mineral deposit 
on lands subject to such a claim, the Secretary may 
convert the claim to a noncompetitive lease under 
the regulations issued under subsection (d). 
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(4) CLAIMS NOT CONVERTED.—Any such claims 
not converted to leases at the end of the applicable 
period under paragraph (1) or (2) shall be consid-
ered invalid and void. 
(c) EXISTING CLAIMS WITH PLAN OF OPERATION.— 
(1) IN GENERAL.—In the case of any claim 
under the general mining laws for which a plan of 
operations has been approved but for which oper-
ations have not commenced before the date of enact-
ment of this Act— 
(A) during the 10-year period beginning on 
the date of enactment of this Act— 
(i) mineral activities on lands subject 
to such claim shall be subject to such plan 
of operations; and 
(ii) modification of such plan may be 
made in accordance with the provisions of 
law applicable before the date of enactment 
of this Act if such modifications are con-
sidered minor by the Secretary concerned; 
and 
(B) the operator shall bring such mineral 
activities into compliance with this Act by the 
end of such 10-year period. 
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(2) ACTIVITIES PENDING DECISION ON MODI-
FICATION TO PLAN OF OPERATIONS.—If an applica-
tion for modification of a plan of operations referred 
to in paragraph (1)(A)(ii) has been timely submitted 
and an approved plan expires before the Secretary 
concerned takes action on the application, mineral 
activities and reclamation may continue in accord-
ance with the terms of the expired plan until such 
Secretary makes an administrative decision on the 
application. 
(3) CONVERSION
REQUIREMENT.—Any claims 
referred to in paragraph (1) may remain in effect 
for a period of up to 10 years. Any claim not con-
verted to a lease under subsection (d) before the end 
of that period shall be subject to a fee of $100 per 
acre per day until the claim is converted to a lease. 
(d) CONVERSION REGULATIONS.— 
(1) IN
GENERAL.—The Secretary shall issue 
regulations not later than 1 year after the date of 
enactment of this Act to provide for the conversion 
of mining claims to noncompetitive mining leases. 
(2) CONTENT.—The regulations issued under 
paragraph (1) shall— 
(A) prohibit the conversion of a mining 
claim to a mining lease by a claimholder who is 
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in violation of this Act or other State or Fed-
eral environmental, health, or worker safety 
law; 
(B) allow the Secretary to exercise discre-
tion to include nonmineral lands within the 
boundaries of any mill site associated with the 
mining claim to be converted to a noncompeti-
tive lease; 
(C) prohibit the area in any noncompetitive 
mining lease issued under this subsection to ex-
ceed the maximum area authorized by this Act 
to be leased to any person; 
(D) require the consent of the surface 
managing agency for conversion of a mining 
claim to a noncompetitive mining lease; 
(E) require the fiscal terms of the con-
verted noncompetitive mining lease to be the 
same as provided in this Act for other hardrock 
mining leases; 
(F) require compliance with all provisions 
of this Act; and 
(G) include any other terms the Secretary 
considers appropriate. 
(e) NATIONAL ENVIRONMENTAL POLICY ACT.—The 
Secretary is not required to conduct an environmental 
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analysis under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) for the issuance of a non-
competitive lease under this section, unless the non-
competitive lease modifies or extends the surface disturb-
ance already authorized under a mine plan of operations 
covering the mining claim that is converted. 
SEC. 102. 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), in the case of a vein or 
lode claim, or sections 2329, 2330, 2331, and 
2333 of the Revised Statutes (30 U.S.C. 35, 
36, and 37), in the case of a placer claim, were 
fully complied with by that date. 
(2) RIGHT TO PATENT.—If the Secretary makes 
the determinations referred to in subparagraphs (A) 
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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 such determina-
tions 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 such millsite— 
(A) a patent application for the land sub-
ject to such claim was filed with the Secretary 
on or before September 30, 1994; and 
(B) all requirements applicable to such 
patent application were fully complied with be-
fore that date. 
(2) RIGHT TO PATENT.—If the Secretary makes 
the determinations described in subparagraphs (A) 
and (B) of paragraph (1) for any millsite 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 
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to the enactment of this Act, unless such determina-
tions are withdrawn or invalidated by the Secretary 
or by a court of the United States. 
SEC. 103. PROSPECTING LICENSE AND HARDROCK LEASES. 
(a) IN GENERAL.—No person may conduct mineral 
prospecting for commercial purposes for any hardrock 
mineral on Federal lands without a prospecting license or 
a small miners lease. 
(b) PROSPECTING LICENSES.— 
(1) IN GENERAL.—The Secretary may, under 
such rules and regulations as the Secretary may pre-
scribe and with the concurrence of the relevant sur-
face management agency, grant an applicant a 
prospecting license that shall give the exclusive right 
to prospect for specified hardrock minerals on Fed-
eral lands for a period of not exceeding 2 years. 
(2) MAXIMUM AREA.—The area subject to such 
a license shall not exceed 2,560 acres of land, in rea-
sonably compact form. 
(3) LICENSE
APPLICATION
FEE.—The Sec-
retary shall charge a fee for each license application 
to cover the costs of processing the license, and the 
license shall be subject to annual rentals equal to 
$10 per acre per year. 
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(4) TERMS AND CONDITIONS.—A prospecting li-
cense must conform with the terms and conditions 
of a comprehensive land use plan approved under 
the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1701 et seq.) or the Forest and 
Rangeland Renewable Resources Planning Act of 
1974 (16 U.S.C. 1600 et seq.). For areas where a 
comprehensive land use plan treating hardrock min-
ing as a multiple-use activity has not been com-
pleted, the Secretary concerned shall ensure that the 
land to be covered by the license is suitable for min-
eral activities. 
(5) EXTENSION.—A prospecting license may be 
extended for up to an additional 4 years upon a 
showing by the licensee that the licensee explored 
with reasonable diligence and was unable to deter-
mine the existence and workability of a valuable de-
posit covered by the license, or that the failure to 
perform diligent prospecting activities was due to 
conditions beyond the licensee’s control. 
(c) NONCOMPETITIVE LEASES.— 
(1) IN GENERAL.—Upon a showing to the satis-
faction of the Secretary by a prospecting licensee 
under subsection (a) that a valuable deposit of a 
hardrock mineral has been discovered by the licensee 
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within an area covered by the prospecting license 
and with the consent of the surface agency, the li-
censee shall be entitled to a lease for any or all of 
the land included in the prospecting license, as well 
as any nonmineral lands necessary for processing or 
milling operations, at a royalty of no less than 12.5 
percent of the gross value of production of hardrock 
minerals or mineral concentrates or products derived 
from hardrock minerals under the lease. Rentals for 
such lease shall be set by the Secretary at no less 
than $10 per acre per year, with rentals paid in any 
one year credited against royalties accruing for that 
year. The recipient of such lease is not entitled to 
an operations permit. 
(2) LEASE PERIOD.— 
(A) IN GENERAL.—A lease under this sec-
tion shall be for a period of 20 years, with the 
right to renew for successive periods of 10 years 
if hardrock minerals are being produced in com-
mercial quantities under the lease. 
(B) EXTENSION
DURING
NONPRODUC-
TION.—If hardrock minerals are not being pro-
duced in commercial quantities at the end of 
the primary term or any subsequent term of 
such a lease, the Secretary may issue a 10-year 
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extension of the lease in the interest of con-
servation, reclamation maintenance, or upon a 
successful showing by the lessee that the lease 
cannot be successfully operated at a profit or 
for other reasons. No more than one extension 
under this subparagraph may be issued. 
(d) CUMULATIVE ACREAGE LIMITATION.—No person 
may take, hold, own, or control at one time, whether ac-
quired directly from the Secretary under this Act or other-
wise, hardrock mining leases or licenses for an aggregate 
of more than 20,480 acres in any one State. 
(e) REDUCTION OF ROYALTY RATE.— 
(1) Subject to paragraph (2), the Secretary— 
(A) may reduce the royalty rate for a lease 
upon a showing by clear and convincing evi-
dence by the person conducting mineral activi-
ties under the lease that production would not 
occur without the reduction in royalty; and 
(B) may reduce royalty and rental rates 
for a lease to encourage exploration for and de-
velopment of hardrock minerals classified as 
strategic and critical by the Department of En-
ergy. 
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(2) The Secretary may not reduce the royalty 
rate for a lease pursuant to paragraph (1) to a roy-
alty rate of less than 6.25 percent. 
(f) PROTECTION
OF
LAND
AND
OTHER
RE-
SOURCES.—The Secretary may include in any lease or li-
cense issued under this Act such provisions as are nec-
essary to adequately protect the lands and other resources 
in the vicinity of the area subject to the lease or license. 
For land not managed by the Department of the Interior, 
the Secretary shall consult with the appropriate surface 
management agency in formulating such provisions. 
SEC. 104. COMPETITIVE LEASING. 
(a) IN GENERAL.—Subject to sections 111 and 112, 
Federal lands known to contain valuable deposits of 
hardrock minerals that are not covered by claims, licenses, 
or leases may only be open to hardrock mineral exploration 
or development through competitive leasing by the Sec-
retary by such methods the Secretary may adopt by regu-
lation and in such areas as the Secretary may determine, 
including nonmineral lands the Secretary considers nec-
essary for processing or milling operations. The total area 
of land subject to any such lease shall not exceed 2,560 
acres. 
(b) TERMS AND REQUIREMENTS.—All terms and re-
quirements for competitive leases under this section shall 
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be the same as if the leases were issued noncompetitively 
under section 103(c). 
SEC. 105. SMALL MINERS LEASES. 
(a) IN GENERAL.—The Secretary may issue small 
miners leases to qualified small miners that apply, under 
such rules and regulations as the Secretary may prescribe, 
including conditions to require diligent development of the 
lease and to ensure protection of surface resources and 
groundwater. 
(b) EXCLUSIVE RIGHT.—A small miners lease shall 
give the lease holder the exclusive right to prospect for 
hardrock minerals for 3 years on up to 200 acres of con-
tiguous or non-contiguous Federal land. 
(c) APPLICATION FEE.—The Secretary shall charge 
a reasonable application fee for such a lease. 
(d) RENTALS.—Rentals for such a lease shall be $5 
per acre per year for the first 3 years. 
(e) RENEWAL.—Such leases may be renewed for ad-
ditional 3-year periods, with no limit, with a $10 per acre 
per year rental charged for renewed leases. 
(f) CHALLENGE.—Any individual may file a challenge 
with the Secretary that a lease holder is in violation of 
the diligence terms of a small miners lease or does not 
qualify as a small miner. A small miners lease that is 
under such a challenge may not be renewed unless the Sec-
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retary has determined that the lease holder is a small 
miner and is in compliance with all the terms of the lease. 
(g) NO ROYALTIES.—No royalties shall be charged 
for commercial production under a small miners lease. 
(h) CONVERSION OF EXISTING CLAIMS.—An existing 
claim, as of the date of enactment of this Act, that belongs 
to an individual that qualifies as a small miner may be 
converted to a small miners lease under the same terms 
and conditions that apply to other small miners leases, ex-
cept that such lease— 
(1) shall not be subject to rental during the pri-
mary term of the lease; 
(2) shall be subject to a rental of $5 per acre 
per year for the first 3-year renewal of the lease; 
and 
(3) shall be subject to a rental of $10 per acre 
per year for any subsequent 3-year renewal of the 
lease. 
(i) LIMITATIONS.—A small miners lease— 
(1) may only be held by the primary lease hold-
er, a spouse thereof, or a direct descendent thereof; 
(2) may not be sold or transferred, other than 
to a spouse or direct descendent of the primary lease 
holder; and 
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(3) is subject to all permitting requirements 
under this Act. 
(j) CONVERSION TO HARDROCK MINERAL LEASE.— 
If, with regards to a lease, the lease holder no longer quali-
fies as a small miner at the time such lease holder applies 
for a renewal of such lease, such lease holder shall not 
be eligible to renew the small miners lease, but shall be 
eligible for a noncompetitive hardrock mineral lease issued 
under section 103(c). Notwithstanding section 103(c)(1), 
royalties under such a lease shall only be due on the gross 
income that exceeds the amount of gross income specified 
in such definition as of the time the hardrock mineral 
lease is issued. 
SEC. 106. LANDS CONTAINING NONHARDROCK MINERALS; 
OTHER USES. 
(a) IN GENERAL.—In issuing licenses and leases 
under this Act for lands that contain deposits of coal or 
other nonhardrock minerals, the Secretary shall reserve to 
the United States such nonhardrock minerals for disposal 
under applicable laws. 
(b) OTHER
USES
OF
LICENSED
AND
LEASED 
LANDS.— 
(1) IN GENERAL.—The Secretary shall promul-
gate regulations to allow for other uses of the lands 
covered by a prospecting license under this Act, in-
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cluding leases for other minerals, if such other uses 
would not unreasonably interfere with operations 
under the prospecting license. 
(2) PROSPECTING
LICENSES.—The Secretary 
shall include in such prospecting licenses such terms 
and conditions as the Secretary finds necessary to 
avoid unreasonable interference with other uses oc-
curring on, or other leases of, the licensed lands. 
(3) LEASES.—The Secretary shall include in 
leases under this Act stipulations to allow for simul-
taneous operations under other leases for the same 
lands. 
SEC. 107. ROYALTY. 
(a) EXISTING PRODUCTION.—Production of hardrock 
minerals on Federal land under an operations permit from 
which valuable hardrock minerals were produced in com-
mercial quantities before the date of enactment of this 
Act, other than production under a small miners lease, 
shall be subject to a royalty established by the Secretary 
at no less than 8 percent of the gross value of such produc-
tion, or of mineral concentrates or products derived from 
hardrock minerals. Any Federal land added through a 
plan modification to an operations permit on Federal land 
that is submitted after the date of enactment of this Act 
shall be subject to a royalty established by the Secretary 
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for such lease of no less than 12.5 percent of the gross 
value of production of hardrock minerals, or mineral con-
centrates or products derived from hardrock minerals. 
(b) LIABILITY.—The claim or lease holder, or any op-
erator to whom the claim or lease holder has assigned the 
obligation to make royalty payments under the claim or 
lease and any person who controls such claim or lease 
holder or operator, shall be liable for payment of such roy-
alties. 
(c) DISPOSITION.—Of the revenues collected under 
this title, including rents, royalties, claim maintenance 
fees, interest charges, fines, and penalties— 
(1) 25 percent shall be paid to the State within 
the boundaries of which the leased, licensed, or 
claimed lands, or operations subject to such interest 
charges, fines, or penalties are or were located; and 
(2) the remainder shall be deposited in the ac-
count established under section 401. 
(d) DUTIES OF CLAIM OR LEASE HOLDERS, OPERA-
TORS, AND TRANSPORTERS.— 
(1) REGULATION.—The Secretary shall pre-
scribe by rule the time and manner in which— 
(A) a person who is required to make a 
royalty payment under this section shall make 
such payment; and 
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(B) shall notify the Secretary of any as-
signment that such person may have made of 
the obligation to make any royalty or other pay-
ment under a mining claim or lease under this 
title. 
(2) WRITTEN INSTRUMENT.—Any person pay-
ing royalties under this section 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 pe-
riods for which such person has a payment responsi-
bility. 
(3) ADDITIONAL
AMOUNTS.—Such responsi-
bility for the periods referred to in paragraph (2) 
shall include any and all additional amounts billed 
by the Secretary and determined to be due by final 
agency or judicial action. 
(4) JOINT AND SEVERAL LIABILITY.—Any per-
son liable for royalty payments under this section 
who assigns any payment obligation shall remain 
jointly and severally liable for all royalty payments 
due for the period. 
(5) OBLIGATIONS.—A person conducting min-
eral activities shall— 
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(A) develop and comply with the site secu-
rity provisions in the operations permit de-
signed to protect from theft the hardrock min-
erals, concentrates, or products derived there-
from that are produced or stored on the area 
subject to a mining claim or lease, and such 
provisions shall conform with such minimum 
standards as the Secretary may prescribe by 
rule, taking into account the variety of cir-
cumstances on areas subject to mining claims 
and leases; and 
(B) not later than the fifth business day 
after production begins anywhere on an area 
subject to a mining claim or lease, or produc-
tion resumes after more than 90 days after pro-
duction was suspended, notify the Secretary, in 
the manner prescribed by the Secretary, of the 
date on which such production has begun or re-
sumed. 
(6) REQUIRED
DOCUMENTATION.—The Sec-
retary may by rule require any person engaged in 
transporting a hardrock mineral, concentrate, or 
product derived therefrom to carry on his or her per-
son, in his or her vehicle, or in his or her immediate 
control, documentation showing, at a minimum, the 
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amount, origin, and intended destination of the 
hardrock mineral, concentrate, or product derived 
therefrom in such circumstances as the Secretary 
determines is appropriate. 
(e) RECORDKEEPING
AND REPORTING REQUIRE-
MENTS.— 
(1) IN GENERAL.—A claim or lease holder, op-
erator, or other person directly involved in devel-
oping, producing, processing, transporting, pur-
chasing, or selling hardrock minerals, concentrates, 
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 provide 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 
periodic reports, records, documents, and other data. 
Such reports may also include pertinent technical 
and financial data relating to the quantity, quality, 
composition volume, weight, and assay of all min-
erals extracted from the mining claim or lease. 
(2) AVAILABILITY FOR INSPECTION.—Upon the 
request of any officer or employee duly designated 
by the Secretary conducting an audit or investiga-
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tion pursuant to this section, the appropriate 
records, reports, or information that may be re-
quired by this section shall be made available for in-
spection and duplication by such officer or employee. 
(3) FORFEITURE.—Failure by a claim or lease 
holder, operator, or other person referred to in the 
first sentence to cooperate with such an audit, pro-
vide data required by the Secretary, or grant access 
to information may, at the discretion of the Sec-
retary, result in involuntary forfeiture of the claim 
or lease. 
(4) MAINTENANCE OF RECORDS.—Records re-
quired by the Secretary under this section shall be 
maintained for 7 years after release of financial as-
surance under section 306 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 operator of the obligation to 
maintain such records. 
(f) AUDITS.—The Secretary is authorized to conduct 
such audits of all claim or lease holders, operators, trans-
porters, purchasers, processors, or other persons directly 
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or indirectly involved in the production or sale of minerals 
covered by this Act, as the Secretary deems necessary for 
the purposes of ensuring compliance with the require-
ments 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. 
(g) COOPERATIVE AGREEMENTS.— 
(1) IN GENERAL.—The Secretary is authorized 
to enter into cooperative agreements with the Sec-
retary of Agriculture to share information con-
cerning the royalty management of hardrock min-
erals, concentrates, or products derived therefrom, to 
carry out inspection, auditing, investigation, or en-
forcement (not including the collection of royalties, 
civil or criminal penalties, or other payments) activi-
ties under this section in cooperation with the Sec-
retary, and to carry out any other activity described 
in this section. 
(2) SECRETARY OF AGRICULTURE.—Except as 
provided in paragraph (3), and pursuant to a coop-
erative agreement, the Secretary of Agriculture 
shall, upon request, have access to all royalty ac-
counting information in the possession of the Sec-
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retary respecting the production, removal, or sale of 
hardrock minerals, concentrates, or products derived 
therefrom from claims or leases on lands open to lo-
cation under this Act. 
(3) TRADE
SECRETS.—Trade secrets, propri-
etary, and other confidential information protected 
from disclosure under section 552 of title 5, United 
States Code, shall be made available by the Sec-
retary to other Federal agencies as necessary to as-
sure compliance with this Act and other Federal 
laws. The Secretary, the Secretary of Agriculture, 
the Administrator of the Environmental Protection 
Agency, and other Federal officials shall ensure that 
such information is provided protection in accord-
ance with the requirements of that section. 
(h) INTEREST AND SUBSTANTIAL UNDERREPORTING 
ASSESSMENTS.— 
(1) PAYMENTS NOT RECEIVED.—In the case of 
mining claims or leases where royalty payments are 
not received by the Secretary on the date that such 
payments are due, the Secretary shall charge inter-
est on such underpayments at the same interest rate 
as the rate applicable under section 6621(a)(2) of 
the Internal Revenue Code of 1986. In the case of 
an underpayment, interest shall be computed and 
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charged only on the amount of the deficiency and 
not on the total amount. 
(2) UNDERREPORTING.—If there is any under-
reporting of royalty owed on production from a 
claim or lease for any production month by any per-
son liable for royalty payments under this section, 
the Secretary shall assess a penalty of not greater 
than 25 percent of the amount of that under-
reporting. 
(3) SELF-REPORTING.—The Secretary may 
waive or reduce the assessment provided in para-
graph (2) of this subsection if the person liable for 
royalty payments under this section corrects the 
underreporting before the date such person receives 
notice from the Secretary that an underreporting 
may have occurred, or before 90 days after the date 
of enactment of this section, whichever is later. 
(4) WAIVER.—The Secretary shall waive any 
portion of an assessment under paragraph (2) of 
this subsection attributable to that portion of the 
underreporting for which the person responsible for 
paying the royalty demonstrates that— 
(A) such person had written authorization 
from the Secretary to report royalty on the 
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value of the production on basis on which it was 
reported; 
(B) such person had substantial authority 
for reporting royalty on the value of the produc-
tion on the basis on which it was reported; 
(C) such person previously had notified the 
Secretary, in such manner as the Secretary may 
by rule prescribe, of relevant reasons or facts 
affecting the royalty treatment of specific pro-
duction which led to the underreporting; or 
(D) such person meets any other exception 
which the Secretary may, by rule, establish. 
(5) DEFINITION.—For the purposes of this sub-
section, the term ‘‘underreporting’’ means the dif-
ference between the royalty on the value of the pro-
duction that should have been reported and the roy-
alty on the value of the production which was re-
ported, if the value that should have been reported 
is greater than the value that was reported. 
(6) 
HARDROCK
MINERALS
RECLAMATION 
FUND.—All penalties collected under this subsection 
shall be deposited in the Hardrock Minerals Rec-
lamation Fund established by this Act. 
(i) EXPANDED ROYALTY OBLIGATIONS.—Each per-
son liable for royalty payments under this section shall 
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be jointly and severally liable for royalty on all hardrock 
minerals, concentrates, or products derived therefrom lost 
or wasted from a mining claim or lease 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. 
(j) GROSS INCOME FROM MINING DEFINED.—For 
the purposes of this section, for any hardrock mineral, the 
term ‘‘gross income from mining’’ has the same meaning 
as the term ‘‘gross income’’ in section 613(c) of the Inter-
nal Revenue Code of 1986. 
(k) EFFECTIVE DATE.—Royalties under this Act 
shall take effect with respect to the production of hardrock 
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. 
(l) 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 or lease maintained in compliance with this 
Act were a lease under such Act. 
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SEC. 108. EXISTING PRODUCTION. 
The holder of a mining claim located or converted 
under this Act for which mineral activities have already 
commenced under an approved plan of operations as of 
the date of enactment of 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 termi-
nate upon completion of mineral activities on such lands 
to the satisfaction of the Secretary. 
SEC. 109. HARDROCK MINING CLAIM MAINTENANCE FEE. 
(a) FEE.— 
(1) IN GENERAL.— 
(A) REQUIRED FEES.—Except as provided 
in section 2511(e)(2) of the Energy Policy Act 
of 1992 (30 U.S.C. 242), or as otherwise pro-
vided in this Act, for each unpatented mining 
claim, mill, or tunnel site on federally owned 
lands, whether located before or on the date of 
enactment of this Act, each claimant shall pay 
to the Secretary, on or before August 31 of 
each year, a claim maintenance fee of $200 per 
claim to hold such unpatented mining claim, 
mill or tunnel site for the assessment year be-
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ginning at noon on the next day, September 1. 
Such claim maintenance fee shall be in lieu of 
the assessment work requirement contained in 
the Mining Law of 1872 (30 U.S.C. 28 et seq.) 
and the related filing requirements contained in 
section 314 (a) and (c) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1744 (a) and (c)). 
(B) FEE ADJUSTMENTS.—Any adjustment 
to the fees under this subsection under section 
502 shall begin to apply the calendar year fol-
lowing the calendar year in which such adjust-
ment is made. 
(C) EXCEPTION
FOR
SMALL
MINERS.— 
Subparagraph (A) and the assessment work re-
quirement contained in the Mining Law of 1872 
(30 U.S.C. 28 et seq.) shall not apply with re-
spect to any claim held by a small miner. 
(2) Moneys received under this subsection that 
are not otherwise allocated for the administration of 
the mining laws by the Department of the Interior 
shall be deposited in the Hardrock Minerals Rec-
lamation Fund established by section 401. 
(b) CO-OWNERSHIP.—The co-ownership provisions of 
the Mining Law of 1872 (30 U.S.C. 28 et seq.) shall re-
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main in effect except that the annual claim maintenance 
fee, where applicable, shall replace applicable assessment 
requirements and expenditures. 
(c) FAILURE TO PAY.—Failure to pay the claim 
maintenance fee as required by subsection (a) shall conclu-
sively constitute a forfeiture of the unpatented mining 
claim, mill or tunnel site by the claimant and the claim 
shall be deemed null and void by operation of law. 
(d) OTHER REQUIREMENTS.— 
(1) REQUIRED FILINGS.—Nothing in this sec-
tion shall change or modify the requirements of sec-
tion 314(b) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1744(b)), or the re-
quirements of section 314(c) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1744(c)) related to filings required by section 
314(b), which remain in effect. 
(2) MINING LAW OF 1872.—Section 2324 of the 
Revised Statutes of the United States (30 U.S.C. 
28) is amended by inserting ‘‘or section 103(a) of 
the Clean Energy Minerals Reform Act of 2022’’ 
after ‘‘Act of 1993’’. 
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SEC. 110. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY 
OF CLAIMS. 
Except as otherwise provided in section 101, timely 
payment of the claim maintenance fee required by section 
109 or any related law relating to the use of Federal land, 
asserts the claimant’s authority to use and occupy the 
Federal land concerned for prospecting and exploration, 
consistent with the requirements of this Act and other ap-
plicable law. 
SEC. 111. PROTECTION OF SPECIAL PLACES. 
(a) PROTECTION OF NATIONAL PARK SYSTEM UNITS 
AND NATIONAL MONUMENTS.—No permit shall be issued 
under this Act that authorizes mineral activities that 
would impair the land or resources of a unit of the Na-
tional Park System or a national monument. For purposes 
of this subsection, the term ‘‘impair’’ includes any diminu-
tion of the affected land including wildlife, scenic assets, 
water resources, air quality, and acoustic qualities, or 
other changes that would impair a citizen’s experience at 
the National Park System unit or a national monument. 
(b) 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-
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tivities that could have an adverse impact on the resources 
or values for which such units were established. 
(c) LANDS NOT OPEN TO MINING.—Notwithstanding 
any other provision of law and subject to valid existing 
rights, no hardrock mining activity shall be allowed in any 
of the following: 
(1) Sacred sites. 
(2) Wilderness study areas. 
(3) Designated critical habitat. 
(4) Areas of critical environmental concern. 
(5) Units of the National Conservation System. 
(6) Areas designated for inclusion in the Na-
tional Wild and Scenic Rivers System pursuant to 
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
seq.), areas designated for potential addition to such 
system pursuant to section 5(a) of that Act (16 
U.S.C. 1276(a)), and areas determined to be eligible 
for inclusion in such system pursuant to section 5(d) 
of such Act (16 U.S.C. 1276(d)). 
(7) Inventoried Roadless Areas under the 
Roadless Area Conservation Rule, part 294 of title 
36, Code of Federal Regulations, Colorado Roadless 
Areas, or Idaho Roadless Areas. 
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SEC. 112. SUITABILITY DETERMINATION. 
(a) IN GENERAL.—The Secretary concerned shall 
make each determination of whether lands are suitable for 
mineral activities that is otherwise required by this Act, 
in accordance with subsection (b). 
(b) SUITABILITY.— 
(1) IN
GENERAL.—The Secretary concerned 
shall consider lands suitable for mineral activities if 
the Secretary concerned finds that such activities 
would not result in undue degradation to a special 
characteristic described in paragraph (2) that cannot 
be prevented by the imposition of conditions in the 
permit required for such activities under title III. 
(2) SPECIAL CHARACTERISTICS.—For purposes 
of paragraph (1) the Secretary concerned shall con-
sider each of the following to be a special char-
acteristic: 
(A) The existence of a significant water re-
source or supply in or associated with such 
lands, including any aquifer or aquifer recharge 
area. 
(B) The presence on such lands, or any 
adjacent land, of a publicly owned place that is 
listed on, or determined by the Secretary of the 
Interior to be eligible for listing on, the Na-
tional Register of Historic Places. 
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(C) The designation of all or any portion 
of such lands, or any adjacent land, as a Na-
tional Conservation System unit. 
(D) The designation of all or any portion 
of such lands, or any adjacent land, as critical 
habitat under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.). 
(E) The designation of all or any portion 
of such lands, or any adjacent land, as a class 
I area under section 162 of the Clean Air Act 
(42 U.S.C. 7472). 
(F) The presence of such other resource 
values as the Secretary concerned may by rule 
specify, determined based upon field testing, 
evaluation, or credible information that verifies 
such values. 
(G) The designation of such lands, or adja-
cent land, as a Research Natural Area. 
(H) The presence on such lands, or any 
adjacent land, of a sacred site. 
(I) The presence or designation of such 
lands adjacent to lands not open to mining pur-
suant to section 111. 
(3) A determination under this subsection of 
suitability for mineral activities shall be made after 
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publication of notice and an opportunity for submis-
sion of public comment for a period of not less than 
60 days. 
(4) Any determination made in accordance with 
this subsection with respect to lands shall be incor-
porated into each Federal land use plan applicable 
to such lands, at the time such plan is adopted, re-
vised, or significantly amended pursuant to any Fed-
eral law other than this Act. 
(c) CHANGE REQUEST.—The Secretary concerned 
shall, by rule, provide for an opportunity for any person 
to request a change in determination for any Federal land 
found suitable under subsection (a). 
(d) EXISTING OPERATIONS.—Nothing in this section 
shall be construed as affecting lands on which mineral ac-
tivities were being conducted on the date of enactment of 
this Act under an approved plan of operations or under 
notice. 
TITLE II—CONSULTATION 
PROCEDURE 
SEC. 201. REQUIREMENT FOR CONSULTATION. 
(a) SCOPE.—Agencies shall ensure meaningful and 
timely consultation with Indian Tribes and Tribal officials 
prior to undertaking any mineral activities that may have 
substantial direct, indirect, or cumulative impacts on— 
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(1) the lands, including allotted, ceded, or tradi-
tional lands, or interests of an Indian Tribe or a 
member of an Indian Tribe; 
(2) any part of any Federal land that shares a 
border with Indian country, as such term is defined 
in section 1151 of title 18, United States Code; 
(3) the relationship between the Federal Gov-
ernment and an Indian Tribe; or 
(4) the distribution of power and responsibil-
ities between the Federal Government and an Indian 
Tribe. 
(b) MULTIAGENCY MINERAL ACTIVITIES.—If more 
than one agency is involved in a mineral activity, some 
or all of the agencies may designate a lead agency, which 
shall be responsible for fulfilling the consultation required 
under subsection (a). An agency that does not designate 
a lead agency shall remain individually responsible for the 
consultation required under subsection (a). All agencies 
involved in the mineral activity shall remain involved in 
and engaged with the consultation process regardless of 
whether or not a lead agency has been designated. 
(c) LIMITATION.—Nothing in this Act shall exempt 
an agency from additional consultation required under any 
other law or from taking any other consultative actions 
as required by any other law or agency prerogative in addi-
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tion to those required by this Act. Nor does it preclude 
an agency from additional consultation that complies with 
agency regulations for consultation, advances agency con-
sultation practices, or supports agency efforts to build or 
strengthen government-to-government relationships with 
an Indian Tribe. 
(d) TEMPORARY WAIVER.— 
(1) IN GENERAL.—The agency may temporarily 
waive the requirements of this title in all or any por-
tion of any emergency area during all or any portion 
of an emergency period. 
(2) DURATION OF WAIVER.—A temporary waiv-
er under this subsection shall end upon the termi-
nation of the applicable emergency period. 
(3) DEFINITIONS.—For the purposes of this 
subsection— 
(A) the term ‘‘emergency area’’ means a 
geographical area in which there exists an 
emergency or disaster declared by the President 
pursuant to the National Emergencies Act (50 
U.S.C. 1601 et seq.) or the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.); and 
(B) the term ‘‘emergency period’’ means 
the period during which there exists an emer-
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gency or disaster declared by the President pur-
suant to the National Emergencies Act (50 
U.S.C. 1601 et seq.) or the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.). 
SEC. 202. TIMING. 
Consultation under sections 203 and 204 shall be 
completed before any Federal funds are expended for the 
mineral activity and before the issuance of any license. 
SEC. 203. SCOPING STAGE CONSULTATION. 
(a) PLANNING DOCUMENT.—As early as possible in 
the planning stage of a mineral activity, the agency shall 
compile a draft of the scope of the project. The agency 
shall make a reasonable and good faith effort, consistent 
with section 800.4(b)(1) of title 36, Code of Federal Regu-
lations, as such regulation was in effect on July 6, 2004, 
to identify areas that contain sites important to Indian 
Tribes whether or not such sites are explicitly known to 
the agency. The agency shall make a reasonable and good 
faith effort to identify any geographic areas important to 
Indian Tribes that might be affected and any other antici-
pated impacts to Tribal interests. 
(b) INITIAL CONSULTATION CONTACT.—The agen-
cy— 
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(1) shall send, via United States mail and, if 
possible, email, a copy of the planning document and 
a letter requesting consultation meetings to the rel-
evant Tribal Government officials, including the 
Tribal leader and all members of any elected Tribal 
governing body, relevant Tribal governmental agen-
cies (including the Tribal Historic Preservation Offi-
cer or cultural resource manager), owners of indi-
vidual allotments, other stakeholders identified by 
the Tribe, and relevant non-Tribal stakeholders (in-
cluding the State Historic Preservation Officer and 
local governments that have jurisdiction on any af-
fected land via agreement with the agency); and 
(2) shall follow up with phone calls to confirm 
receipt of the documents by all intended recipients. 
(c) CONSULTATION MEETING ARRANGEMENTS.—The 
agency shall negotiate with the affected Indian Tribes to 
determine the time, place, agenda, travel funds, facilitator, 
format, and goals of a consultation meeting. The agency 
shall keep thorough documentation of all steps taken to 
contact and engage the affected Indian Tribes in consulta-
tion. If, after a good faith effort, the agency fails to en-
gage the affected Indian Tribes, it may terminate its 
scoping stage consultation efforts by providing all con-
sultation partners with a written notification and expla-
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nation for its decision to end scoping stage consultation 
efforts, signed by the head of the agency, and proceed to 
the decision stage procedures described in section 204. A 
good faith effort to consult must involve consistent and 
sustained efforts to contact and engage with the appro-
priate-level officials via the available channels of commu-
nication (United States mail, e-mail, and telephone). 
(d) SCOPING STAGE CONSULTATION MEETING.—A 
scoping stage consultation meeting shall begin with con-
firmation of the format, facilitator, and agenda, with ade-
quate time scheduled for introductions and for interaction 
throughout the meeting among participants. Whenever 
possible, Tribal stakeholders (such as allottees or inter-
ested Tribal members) shall be brought into the on-going 
planning process directly by forming ad hoc workgroups 
(including Tribal leaders or their designees) and, if appro-
priate, initiating a process for consensual development of 
regulations, such as negotiated rulemaking. A scoping 
stage consultation meeting shall conclude with planning 
for the next meeting, if necessary. 
(e) TERMINATION OF SCOPING STAGE CONSULTA-
TION WITH A MEMORANDUM OF AGREEMENT.— 
(1) TERMINATION.—Except as provided by sub-
section (c), scoping stage consultation shall termi-
nate upon the execution of a memorandum of agree-
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ment signed by the head of the agency and the af-
fected Indian Tribes. 
(2) SIGNATORIES.—The affected Indian Tribes 
and the agency may jointly invite additional parties 
to be signatories of the memorandum of agreement. 
The signatories have sole authority to execute, 
amend, or terminate the memorandum of agreement. 
If any signatory determines that the terms of the 
memorandum of agreement cannot be carried out, 
the signatories shall consult to seek amendment of 
the memorandum of agreement. If the memorandum 
of agreement is not amended, any signatory may ter-
minate the agreement, and the process will return to 
scoping stage consultation. The agency shall provide 
all nonsignatory consulting partners with the oppor-
tunity to submit a written statement, explanation, or 
comment on the consultation proceedings that shall 
become part of the agency’s official consultation 
record. 
(3) 
MEMORANDUM
OF
AGREEMENT.—The 
memorandum of agreement— 
(A) may address multiple activities if— 
(i) the activities are similar and repet-
itive or are multistate or regional in scope, 
or where routine management activities are 
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undertaken at Federal installations, facili-
ties, or other land management units; and 
(ii) the scope of the activities is clear-
ly delineated; 
(B) may establish standard processes for 
certain categories of activities determined 
through consultation and defined in the memo-
randum of agreement; 
(C) shall include a provision for monitoring 
and reporting on its implementation; 
(D) shall include provisions for termination 
or reconsideration if the activity has not been 
completed within a specified time; 
(E) shall include provisions to address new 
discoveries, which may include halting the activ-
ity and returning to scoping stage consultation; 
(F) shall include provisions to address 
changes or modifications to the scope or nature 
of the activity, impacts or conditions of the 
project or site; 
(G) may incorporate relevant Tribal laws, 
standards, regulations, or policies; 
(H) may include provisions for the protec-
tion of culturally sensitive information; and 
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laws or regulations, all information designated by the In-
dian Tribe as sensitive, such as the location of sacred sites 
or other details of cultural or religious practices, shall be 
deleted from any public publication made as part of the 
consultation process or in the process of carrying out the 
activity. 
(c) LIMITED INFORMATION ACCESS.—The agency, in 
consultation with the Indian Tribe or such Tribe’s des-
ignee, shall determine who may have access to the infor-
mation for the purposes of carrying out the mineral activ-
ity. 
(d) INDIVIDUAL ALLOTMENTS.—Instances where sa-
cred sites are located on individual allotments or public 
domain allotments shall be addressed on a case-by-case 
basis and shall involve the allottees. 
(e) SACRED SITES.—The location and uses of a sa-
cred site shall be protected in accordance with this provi-
sion and section 111. 
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