I 
116TH CONGRESS 
1ST SESSION H. R. 2579 
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 8, 2019 
Mr. GRIJALVA (for himself, Mr. BEYER, Mr. BLUMENAUER, Mr. CART-
WRIGHT, Mr. DEFAZIO, Ms. DEGETTE, Mr. GARAMENDI, Ms. HAALAND, 
Mr. HUFFMAN, Mr. LEVIN of California, Mr. LOWENTHAL, Mr. MCGOV-
ERN, Mrs. NAPOLITANO, Ms. NORTON, Mr. POCAN, and Mr. SOTO) intro-
duced the following bill; which was referred to the Committee on Natural 
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 
‘‘Hardrock Leasing and Reclamation Act of 2019’’. 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions and references. 
Sec. 3. Application rules. 
TITLE I—MINERAL LEASING, EXPLORATION, AND DEVELOPMENT 
Sec. 101. Closure to entry and location. 
Sec. 102. Limitation on patents. 
Sec. 103. Prospecting license and hardrock leases. 
Sec. 104. Competitive leasing. 
Sec. 105. Small miners leases. 
Sec. 106. Lands containing nonhardrock minerals; other uses. 
Sec. 107. Royalty. 
Sec. 108. Existing production. 
Sec. 109. Hardrock mining claim maintenance fee. 
Sec. 110. Effect of payments for use and occupancy of claims. 
Sec. 111. Protection of special places. 
Sec. 112. Suitability determination. 
TITLE II—CONSULTATION PROCEDURE 
Sec. 201. Requirement for consultation. 
Sec. 202. Timing. 
Sec. 203. Scoping stage consultation. 
Sec. 204. Decision stage procedures. 
Sec. 205. Documentation and reporting. 
Sec. 206. Implementation. 
Sec. 207. Sensitive Tribal information. 
TITLE III—ENVIRONMENTAL CONSIDERATIONS OF MINERAL 
EXPLORATION AND DEVELOPMENT 
Sec. 301. General standard for hardrock mining on Federal land. 
Sec. 302. Permits. 
Sec. 303. Exploration permit. 
Sec. 304. Operations permit. 
Sec. 305. Persons ineligible for permits. 
Sec. 306. Financial assurance. 
Sec. 307. Operation and reclamation. 
Sec. 308. State law and regulation. 
TITLE IV—ABANDONED HARDROCK MINE RECLAMATION 
Sec. 401. Establishment of Fund. 
Sec. 402. Contents of Fund. 
Sec. 403. Displaced material reclamation fee. 
Sec. 404. Use and objectives of the Fund. 
Sec. 405. Eligible lands and waters. 
Sec. 406. Authorization of appropriations. 
TITLE V—ADDITIONAL PROVISIONS 
Sec. 501. Policy functions. 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
Sec. 502. User fees and inflation adjustment. 
Sec. 503. Inspection and monitoring. 
Sec. 504. Citizens suits. 
Sec. 505. Administrative and judicial review. 
Sec. 506. Reporting requirements. 
Sec. 507. Enforcement. 
Sec. 508. Regulations. 
Sec. 509. Oil shale claims. 
Sec. 510. Savings clause. 
Sec. 511. Availability of public records. 
Sec. 512. Miscellaneous powers. 
Sec. 513. Mineral materials. 
Sec. 514. Effective date. 
SEC. 2. DEFINITIONS AND REFERENCES. 
(a) IN GENERAL.—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 ‘‘agency’’ means any authority of 
the United States that is an ‘‘agency’’ under section 
3502(1) of title 44, United States Code. 
(3) The term ‘‘applicant’’ means any person ap-
plying for a permit, license, or lease under this Act 
or a modification to or a renewal of a permit, li-
cense, or lease under this Act. 
(4) The term ‘‘beneficiation’’ means the crush-
ing and grinding of hardrock mineral ore and such 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
processes as are employed to free the mineral from 
other constituents, including physical and chemical 
separation techniques. 
(5) The term ‘‘casual use’’— 
(A) subject to subparagraphs (B) and (C), 
means mineral activities that do not ordinarily 
result in any disturbance of public lands and re-
sources; 
(B) includes collection of geochemical, 
rock, 
soil, 
or 
mineral 
specimens 
using 
handtools, hand panning, or nonmotorized sluic-
ing; and 
(C) does not include— 
(i) the use of mechanized earth-mov-
ing equipment, suction dredging, or explo-
sives; 
(ii) the use of motor vehicles in areas 
closed to off-road vehicles; 
(iii) the construction of roads or drill 
pads; and 
(iv) the use of toxic or hazardous ma-
terials. 
(6) The term ‘‘claim holder’’ means a person 
holding a mining claim, millsite claim, or tunnel site 
claim located under the general mining laws and 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
maintained in compliance with such laws. Such term 
may include an agent of a claim holder. 
(7) 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. 
(8) The term ‘‘crude ore’’ means ore in its un-
processed form, containing profitable amounts of the 
target mineral. 
(9) 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. 
(10) 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; 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(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. 
(11) 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, lands held in trust for an Indian or Indian 
Tribe, and lands on the Outer Continental Shelf. 
(12) The term ‘‘Fund’’ means the Hardrock 
Minerals Reclamation Fund established by this Act. 
(13) 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. 
(14) The term ‘‘Indian Tribe’’ means any In-
dian Tribe, band, nation, pueblo, or other organized 
group or community, including any Alaska Native 
village or regional corporation as defined in or estab-
lished pursuant to the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.), that is recog-
nized as eligible for the special programs and serv-
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
ices provided by the United States to Indians be-
cause of their status as Indians. 
(15) 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 
in section 2 of the Indian Mineral Develop-
ment Act of 1982 (25 U.S.C. 2101); or 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(ii) owned by any Indian or Indian 
Tribe, as defined in that section. 
(16) 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. 
(17) 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, including any measures to be taken to resolve or 
mitigate adverse impacts on the Indian Tribe. 
(18) 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 Na-
tional Monument, or any unit of the National Wil-
derness Preservation System or lands within the Na-
tional Forest System, including any of the following: 
(A) National Scenic Research Area. 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(B) National Scenic Area. 
(C) National Game Refuge and Wildlife 
Preserve. 
(D) National Volcanic Monument. 
(E) National Historic Area. 
(F) National Protection Area. 
(G) Special Management Area. 
(H) National Botanical Area. 
(I) Recreation Management Area. 
(J) Scenic Recreation Area. 
(19) 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. 
(20) 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. 
(21) 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. 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(22) The term ‘‘sacred site’’ means any specific, 
discrete, narrowly 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. 
(23) The term ‘‘Secretary’’ means the Secretary 
of the Interior, unless otherwise specified. 
(24) 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 
(B) the Secretary of the Interior (acting 
through the Director of the Bureau of Land 
Management) with respect to other Federal 
land. 
(25)(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; 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(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 (indexed 
for inflation); 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. 
(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— 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(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 the enactment of this Act. 
(26) The term ‘‘temporary cessation’’ means a 
halt in mine-related production activities for a con-
tinuous period of no longer than 5 years. 
(27) The term ‘‘ton’’ means 2,000 pounds av-
oirdupois (.90718 metric ton). 
(28) The term ‘‘undue degradation’’ means ir-
reparable harm to significant scientific, cultural, or 
environmental resources on public lands. 
(29) The term ‘‘valuable mineral deposit’’ 
means a deposit of hardrock minerals that is of suf-
ficient value for a reasonable miner to economically 
mine. 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(30) 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.). 
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, 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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-
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 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(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). 
(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-
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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 the enact-
ment of this Act if such modifications are 
considered minor by the Secretary con-
cerned; and 
(B) the operator shall bring such mineral 
activities into compliance with this Act by the 
end of such 10-year period. 
(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 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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 one year after the date of 
the enactment of this Act to provide for the conver-
sion 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 
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 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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) NEPA.—The Secretary is not required to conduct 
an environmental analysis under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
the issuance of a noncompetitive lease under this section, 
unless the noncompetitive lease modifies or extends the 
surface disturbance already authorized under a mine plan 
of operations covering the mining claim that is converted. 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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) 
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. 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(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 
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 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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 two 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. 
(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 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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 four 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 
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 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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 
extension of the lease in the interest of con-
servation or upon a successful showing by the 
lessee that the lease cannot be successfully op-
erated at a profit or for other reasons. No more 
than one extension under this subparagraph 
may be issued. 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(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.—The Sec-
retary— 
(1) may reduce the royalty rate for a lease upon 
a showing by clear and convincing evidence by the 
person conducting mineral activities under the lease 
that production would not occur without the reduc-
tion in royalty; and 
(2) may reduce royalty and rental rates for a 
lease to encourage exploration for and development 
of hardrock minerals classified as strategic and crit-
ical by the Department of Energy. 
(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. 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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 
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 leaseholder the exclusive right to prospect for 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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 leaseholder 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 Secretary has 
determined that the leaseholder 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 January 1, 2017, 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, except that such 
lease— 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(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-
holder, 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 
leaseholder; and 
(3) is subject to all permitting requirements 
under this Act. 
(j) CONVERSION TO HARDROCK MINERAL LEASE.— 
If, with regards to a lease, the leaseholder no longer quali-
fies as a small miner at the time such leaseholder applies 
for a renewal of such lease, such leaseholder shall not be 
eligible to renew the small miners lease, but shall be eligi-
ble 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 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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-
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-
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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 the 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 
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 leaseholder, 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. 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(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 501. 
(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 
(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 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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— 
(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-
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
cumstances on areas subject to mining claims 
and leases; and 
(B) not later than the 5th 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 
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-
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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-
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-
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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 
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.— 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(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-
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-
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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 
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. 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(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 the 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 
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 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(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 
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 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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. 
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 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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-
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)). 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(B) 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) FEE ADJUSTMENTS.— 
(A) INFLATION.—The Secretary shall ad-
just the fees required by this subsection to re-
flect changes in the Consumer Price Index pub-
lished by the Bureau of Labor Statistics of the 
Department of Labor every 3 years after the 
date of enactment of this Act, or more fre-
quently if the Secretary determines an adjust-
ment to be reasonable. 
(B) NOTICE.—The Secretary shall provide 
claimants notice of any adjustment made under 
this paragraph not later than July 1 of any 
year in which the adjustment is made. 
(C) 
APPLICATION.—A 
fee 
adjustment 
under this paragraph shall begin to apply the 
calendar year following the calendar year in 
which it is made. 
(3) Moneys received under this subsection that 
are not otherwise allocated for the administration of 
the mining laws by the Department of the Interior 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
shall be deposited in the Hardrock Minerals Rec-
lamation Fund established by section 501. 
(b) CO-OWNERSHIP.—The co-ownership provisions of 
the Mining Law of 1872 (30 U.S.C. 28 et seq.) shall re-
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 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
the Hardrock Leasing and Reclamation Act of 
2019’’ after ‘‘Act of 1993’’. 
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, 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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. 
(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) Areas of critical environmental concern. 
(4) Units of the National Conservation System. 
(5) 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)). 
(6) Any area identified in the set of inventoried 
roadless areas maps contained in the Forest Service 
Roadless Area Conservation Final Environmental 
Impact Statement, Volume 2, dated November 2000. 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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 lands, 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. 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(C) The designation of all or any portion 
of such lands, or any adjacent lands, as a Na-
tional Conservation System unit. 
(D) The designation of all or any portion 
of such lands, or any adjacent lands, 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 lands, 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 lands, as a Research Natural Area. 
(H) The presence on such lands, or any 
adjacent lands, 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 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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 have an accountable 
process to ensure meaningful and timely input by Indian 
Tribes and Tribal officials prior to undertaking any min-
eral activities that may have substantial direct impacts on 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
the lands or interests of one or more Indian Tribes, on 
the relationship between the Federal Government and In-
dian Tribes, or on the distribution of power and respon-
sibilities between the Federal Government and Indian 
Tribes. Consultation with Indian Tribes shall occur for all 
mineral activities that would affect any part of any Fed-
eral land that shares a border with Indian country as de-
fined in section 1151 of title 18, United States Code, but 
is not limited to mineral activities on such lands. 
(b) MULTIAGENCY MINERAL ACTIVITIES.—In the 
case of agency-drafted proposed legislation, the drafting 
agency, and any other agency that will be implementing 
the legislation, shall each be considered involved in the 
mineral activity. If more than one agency is involved in 
a mineral activity, some or all of the agencies may des-
ignate a lead agency, which shall fulfill their collective con-
sultation responsibilities. Those agencies that do not des-
ignate a lead agency shall remain individually responsible 
for their consultation responsibilities under this Act. 
(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-
tion to those required by this Act. Nor does it preclude 
an agency from additional consultation that complies with 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
agency regulations for consultation, advances agency con-
sultation practices, or supports agency efforts to build or 
strengthen government-to-government relationships with 
Indian Tribes. 
(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-
gency or disaster declared by the President pur-
suant to the National Emergencies Act (50 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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 
other than for funding nondestructive project planning 
mineral activities. 
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, including any 
geographic areas important to Indian Tribes that might 
be affected and any other anticipated Tribal impacts. The 
agency shall make a good faith effort to include areas that 
contain sites important to Indian Tribes whether or not 
such sites are explicitly known to the agency. 
(b) INITIAL CONSULTATION CONTACT.—The agen-
cy— 
(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 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
governing body, relevant Tribal governmental agen-
cies (including the Tribal Historic Preservation Offi-
cer or cultural resource manager), and relevant non- 
Tribal stakeholders (including the State Historic 
Preservation Officer and local governments that 
have jurisdiction on any affected land via agreement 
with the agency); 
(2) at the request of an affected Indian Tribe, 
shall send, via United States mail and, if possible, 
email, a copy of the planning document and a letter 
requesting consultation meetings to nongovern-
mental Tribal stakeholders, such as elders councils 
and religious leaders; 
(3) shall not request consultation with non-
governmental Tribal stakeholders without the writ-
ten consent of the affected Indian Tribe; and 
(4) 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-
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
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-
nation for its decision, signed by the head of the agency, 
and proceed to the decision stage procedures described in 
section 204. 
(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 shall be brought into the on- 
going planning process directly by forming ad hoc 
workgroups (including Tribal leaders or their designees) 
and, if appropriate, initiating a process for consensual de-
velopment 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-
ment signed by the head of the agency and the af-
fected Indian Tribal Governments. 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(2) SIGNATORIES.—The affected Indian Tribal 
Governments and the agency may jointly invite addi-
tional 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 
or are not being 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 terminate the agree-
ment, with the option to return to scoping stage con-
sultation. The agency shall provide all nonsignatory 
consulting partners with the opportunity 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 the 
activities are similar and repetitive or are 
multistate or regional in scope, or where routine 
management activities are undertaken at Fed-
eral installations, facilities, or other land man-
agement units; 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(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; and 
(E) shall include provisions to address new 
discoveries, which may include halting the activ-
ity and returning to scoping stage consultation. 
(f) TERMINATION OF SCOPING STAGE CONSULTA-
TION WITHOUT A MEMORANDUM OF AGREEMENT.—The 
agency shall make a good faith effort through sustained 
interaction and collaboration to reach a consensus result-
ing in a memorandum of agreement. If, after a good faith 
effort, the agency determines that further consultation will 
not be productive, it may terminate consultation by pro-
viding all consultation partners with a written notification 
and explanation for its decision, signed by the head of the 
agency, and proceed to the decision stage procedures de-
scribed in section 204. The affected Indian Tribal Govern-
ments may at any point decide to terminate consultation. 
In such case, the agency shall provide the affected Indian 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
Tribal Governments with the opportunity to submit a writ-
ten statement, explanation, or comment on the consulta-
tion proceedings that will become part of the agency’s offi-
cial consultation record. 
SEC. 204. DECISION STAGE PROCEDURES. 
(a) PROPOSAL DOCUMENT.—The agency shall com-
pile a document consisting of the plan for the activity, its 
anticipated Tribal impacts, any memorandum of agree-
ment, and any written statements made by consulting 
partners during the scoping stage as described in section 
203. The agency shall include sufficient supporting docu-
mentation to the extent permitted by law and within avail-
able funds to enable any reviewing parties to understand 
its basis. The agency may use documentation prepared to 
comply with other laws to fulfill the requirements of this 
provision to the extent that such documentation is suffi-
ciently pertinent to and focused on the relevant issues as 
to allow reasonable ease of review. The agency shall mail 
and, if possible, email a copy of the Proposal Document 
to all affected Indian Tribal Governments, including those 
that withdrew from the process. At a minimum, the docu-
ment shall go to the Tribal leader and all members of any 
elected Tribal governing body. The agency shall follow up 
to confirm receipt of the document. After these steps have 
been completed, the Proposal Document shall be published 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
in the Federal Register, subject to the provisions of section 
207. 
(b) PUBLIC COMMENT PERIOD.—The agency shall 
provide a period of not less than 90 days after publication 
in the Federal Register for comments on the Proposal 
Document. A 30-day extension shall be granted upon re-
quest by any member of any of the affected Indian Tribal 
governing bodies. 
(c) PRELIMINARY DECISION.—After expiration of the 
comment period, the agency shall prepare a preliminary 
decision letter, signed by the head of the agency. The let-
ter shall state the decision to proceed or not proceed with 
the mineral activity, the decision’s rationale, any changes 
in the proposal made in response to comments, and any 
points where the decision conflicts with the expressed re-
quests of any of the affected Indian Tribes. It shall par-
ticularly address why the decision was made to disregard 
any such requests. The agency shall mail and, if possible, 
email a copy of the letter to all affected Indian Tribal Gov-
ernments, including those that withdrew from the process. 
At a minimum, the letter shall go to the Tribal leader and 
all members of the Tribal governing body. The agency 
shall follow up to confirm receipt of the letter. 
(d) FINAL DECISION.—The agency shall provide a 
60-day period following the issuance of the preliminary de-
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS
(1) A determination that reclamation or res-
toration 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 308, 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 except that 
sufficient assurance must be retained to address 
other required reclamation and restoration needs 
and to assure the long-term success of the revegeta-
tion. 
(2) After the operator has completed success-
fully all remaining mineral activities and reclamation 
VerDate Sep 11 2014 
04:44 May 17, 2019
Jkt 089200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H2579.IH
H2579
pbinns on DSK79D2C42PROD with BILLS