Subtitle B—Miscellaneous 
Provisions 
SEC. 511. OIL SHALE CLAIMS SUBJECT TO SPECIAL RULES. 
(a) APPLICATION OF SECTION 511.—Section 511 shall 
apply to oil shale claims referred to in section 2511(e)(2) 
of the Energy Policy Act of 1992 (Public Law 102–486). 
(b) AMENDMENT.—Section 2511(f) of the Energy Pol-
icy Act of 1992 (Public Law 102–486) is amended as fol-
lows: 
(1) By striking ‘‘as prescribed by the Secretary’’. 
(2) By inserting before the period the following: 
‘‘in the same manner as if such claim was subject to 
title II and title III of the Hardrock Mining and Rec-
lamation Act of 2007’’. 
SEC. 512. PURCHASING POWER ADJUSTMENT. 
The Secretary shall adjust all location fees, claim 
maintenance rates, penalty amounts, and other dollar 
amounts established in this Act for changes in the pur-
chasing power of the dollar no less frequently than every 
5 years following the date of enactment of this Act, employ-
ing the Consumer Price Index for All-Urban Consumers 
published by the Department of Labor as the basis for ad-
justment, and rounding according to the adjustment process 
of conditions of the Federal Civil Penalties Inflation Adjust-
ment Act of 1990 (104 Stat. 890). 
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SEC. 513. SAVINGS CLAUSE. 
(a) SPECIAL APPLICATION OF MINING LAWS.—Noth-
ing in this Act shall be construed as repealing or modifying 
any Federal law, regulation, order, or land use plan, in 
effect prior to the date of enactment of this Act that pro-
hibits or restricts the application of the general mining 
laws, including laws that provide for special management 
criteria for operations under the general mining laws as 
in effect prior to the date of enactment of this Act, to the 
extent such laws provide for protection of natural and cul-
tural resources and the environment greater than required 
under this Act, and any such prior law shall remain in 
force and effect with respect to claims located (or proposed 
to be located) or converted under this Act. Nothing in this 
Act shall be construed as applying to or limiting mineral 
investigations, studies, or other mineral activities conducted 
by any Federal or State agency acting in its governmental 
capacity pursuant to other authority. Nothing in this Act 
shall affect or limit any assessment, investigation, evalua-
tion, or listing pursuant to the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 and following), or the Solid Waste Disposal 
Act (42 U.S.C. 3251 and following). 
(b) EFFECT ON OTHER FEDERAL LAWS.—The provi-
sions of this Act shall supersede the general mining laws, 
except for those parts of the general mining laws respecting 
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location of mining claims that are not expressly modified 
by this Act. Except for the general mining laws, nothing 
in this Act shall be construed as superseding, modifying, 
amending, or repealing any provision of Federal law not 
expressly superseded, modified, amended, or repealed by this 
Act. Nothing in this Act shall be construed as altering, af-
fecting, amending, modifying, or changing, directly or indi-
rectly, any law which refers to and provides authorities or 
responsibilities for, or is administered by, the Environ-
mental Protection Agency or the Administrator of the Envi-
ronmental Protection Agency, including the Federal Water 
Pollution Control Act, title XIV of the Public Health Service 
Act (the Safe Drinking Water Act), the Clean Air Act, the 
Pollution Prevention Act of 1990, the Toxic Substances 
Control Act, the Federal Insecticide, Fungicide, and 
Rodenticide Act, the Federal Food, Drug, and Cosmetic Act, 
the Motor Vehicle Information and Cost Savings Act, the 
Federal Hazardous Substances Act, the Endangered Species 
Act of 1973, the Atomic Energy Act, the Noise Control Act 
of 1972, the Solid Waste Disposal Act, the Comprehensive 
Environmental Response, Compensation, and Liability Act 
of 1980, the Superfund Amendments and Reauthorization 
Act of 1986, the Ocean Dumping Act, the Environmental 
Research, Development, and Demonstration Authorization 
Act, the Pollution Prosecution Act of 1990, and the Federal 
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Facilities Compliance Act of 1992, or any statute con-
taining an amendment to any of such Acts. Nothing in this 
Act shall be construed as modifying or affecting any provi-
sion of the Native American Graves Protection and Repa-
triation Act (Public Law 101–601) or any provision of the 
American Indian Religious Freedom Act (42 U.S.C. 1996), 
the National Historic Preservation Act (16 U.S.C. 470 et 
seq.), and the Religious Freedom Restoration Act of 1993 
(42 U.S.C. 2000bb et seq.). 
(c) PROTECTION OF CONSERVATION AREAS.—In order 
to protect the resources and values of National Conservation 
System units, the Secretary, as appropriate, shall utilize 
authority under this Act and other applicable law to the 
fullest extent necessary to prevent mineral activities that 
could have an adverse impact on the resources or values 
for which such units were established. 
SEC. 514. AVAILABILITY OF PUBLIC RECORDS. 
Copies of records, reports, inspection materials, or in-
formation obtained by the Secretary or the Secretary of Ag-
riculture under this Act shall be made immediately avail-
able to the public, consistent with section 552 of title 5, 
United States Code, in central and sufficient locations in 
the county, multicounty, and State area of mineral activity 
or reclamation so that such items are conveniently available 
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to residents in the area proposed or approved for mineral 
activities and on the Internet. 
SEC. 515. MISCELLANEOUS POWERS. 
(a) IN GENERAL.—In carrying out his or her duties 
under this Act, the Secretary, or for National Forest System 
lands the Secretary of Agriculture, may conduct any inves-
tigation, inspection, or other inquiry necessary and appro-
priate and may conduct, after notice, any hearing or audit, 
necessary and appropriate to carrying out his or her duties. 
(b) ANCILLARY POWERS.—In connection with any 
hearing, inquiry, investigation, or audit under this Act, the 
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, is authorized to take any of the fol-
lowing actions: 
(1) Require, by special or general order, any per-
son to submit in writing such affidavits and answers 
to questions as the Secretary concerned may reason-
ably prescribe, which submission shall be made within 
such reasonable period and under oath or otherwise, 
as may be necessary. 
(2) Administer oaths. 
(3) Require by subpoena the attendance and tes-
timony of witnesses and the production of all books, 
papers, records, documents, matter, and materials, as 
such Secretary may request. 
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(4) Order testimony to be taken by deposition be-
fore any person who is designated by such Secretary 
and who has the power to administer oaths, and to 
compel testimony and the production of evidence in 
the same manner as authorized under paragraph (3) 
of this subsection. 
(5) Pay witnesses the same fees and mileage as 
are paid in like circumstances in the courts of the 
United States. 
(c) ENFORCEMENT.—In cases of refusal to obey a sub-
poena served upon any person under this section, the dis-
trict court of the United States for any district in which 
such person is found, resides, or transacts business, upon 
application by the Attorney General at the request of the 
Secretary concerned and after notice to such person, shall 
have jurisdiction to issue an order requiring such person 
to appear and produce documents before the Secretary con-
cerned. Any failure to obey such order of the court may 
be punished by such court as contempt thereof and subject 
to a penalty of up to $10,000 a day. 
(d) ENTRY AND ACCESS.—Without advance notice and 
upon presentation of appropriate credentials, the Secretary, 
or for National Forest System lands the Secretary of Agri-
culture, or any authorized representative thereof— 
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(1) shall have the right of entry to, upon, or 
through the site of any claim, mineral activities, or 
any premises in which any records required to be 
maintained under this Act are located; 
(2) may at reasonable times, and without delay, 
have access to records, inspect any monitoring equip-
ment, or review any method of operation required 
under this Act; 
(3) may engage in any work and do all things 
necessary or expedient to implement and administer 
the provisions of this Act; 
(4) may, on any mining claim located under the 
general mining laws and maintained in compliance 
with this Act, and without advance notice, stop and 
inspect any motorized form of transportation that 
such Secretary has probable cause to believe is car-
rying locatable minerals, concentrates, or products de-
rived therefrom from a claim site for the purpose of 
determining whether the operator of such vehicle has 
documentation related to such locatable minerals, con-
centrates, or products derived therefrom as required 
by law, if such documentation is required under this 
Act; and 
(5) may, if accompanied by any appropriate law 
enforcement officer, or an appropriate law enforce-
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ment officer alone, stop and inspect any motorized 
form of transportation which is not on a claim site 
if he or she has probable cause to believe such vehicle 
is carrying locatable minerals, concentrates, or prod-
ucts derived therefrom from a claim site on Federal 
lands or allocated to such claim site. Such inspection 
shall be for the purpose of determining whether the 
operator of such vehicle has the documentation re-
quired by law, if such documentation is required 
under this Act. 
SEC. 516. MULTIPLE MINERAL DEVELOPMENT AND SUR-
FACE RESOURCES. 
The provisions of sections 4 and 6 of the Act of August 
13, 1954 (30 U.S.C. 524 and 526), commonly known as 
the Multiple Minerals Development Act, and the provisions 
of section 4 of the Act of July 23, 1955 (30 U.S.C. 612), 
shall apply to all mining claims located under the general 
mining laws and maintained in compliance with such laws 
and this Act. 
SEC. 517. MINERAL MATERIALS. 
(a) DETERMINATIONS.—Section 3 of the Act of July 
23, 1955 (30 U.S.C. 611), is amended as follows: 
(1) By inserting ‘‘(a)’’ before the first sentence. 
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(2) By inserting ‘‘mineral materials, including 
but not limited to’’ after ‘‘varieties of’’ in the first 
sentence. 
(3) By striking ‘‘or cinders’’ and inserting in 
lieu thereof ‘‘cinders, and clay’’. 
(4) By adding the following new subsection at 
the end thereof: 
‘‘(b)(1) Subject to valid existing rights, after the date 
of enactment of the Hardrock Mining and Reclamation Act 
of 2007, notwithstanding the reference to common varieties 
in subsection (a) and to the exception to such term relating 
to a deposit of materials with some property giving it dis-
tinct and special value, all deposits of mineral materials 
referred to in such subsection, including the block pumice 
referred to in such subsection, shall be subject to disposal 
only under the terms and conditions of the Materials Act 
of 1947. 
‘‘(2) For purposes of paragraph (1), the term ‘valid 
existing rights’ means that a mining claim located for any 
such mineral material— 
‘‘(A) had and still has some property giving it 
the distinct and special value referred to in subsection 
(a), or as the case may be, met the definition of block 
pumice referred to in such subsection; 
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‘‘(B) was properly located and maintained 
under the general mining laws prior to the date of en-
actment of the Hardrock Mining and Reclamation 
Act of 2007; 
‘‘(C) was supported by a discovery of a valuable 
mineral deposit within the meaning of the general 
mining laws as in effect immediately prior to the 
date of enactment of the Hardrock Mining and Rec-
lamation Act of 2007; and 
‘‘(D) that such claim continues to be valid under 
this Act.’’. 
(b) MINERAL
MATERIALS
DISPOSAL
CLARIFICA-
TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C. 
612), is amended as follows: 
(1) In subsection (b) by inserting ‘‘and mineral 
material’’ after ‘‘vegetative’’. 
(2) In subsection (c) by inserting ‘‘and mineral 
material’’ after ‘‘vegetative’’. 
(c) CONFORMING AMENDMENT.—Section 1 of the Act 
of July 31, 1947, entitled ‘‘An Act to provide for the dis-
posal of materials on the public lands of the United States’’ 
(30 U.S.C. 601 and following) is amended by striking 
‘‘common varieties of’’ in the first sentence. 
(d) SHORT TITLES.— 
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(1) SURFACE RESOURCES.—The Act of July 23, 
1955, is amended by inserting after section 7 the fol-
lowing new section: 
‘‘SEC. 8. This Act may be cited as the ‘Surface Re-
sources Act of 1955’.’’. 
(2) MINERAL MATERIALS.—The Act of July 31, 
1947, entitled ‘‘An Act to provide for the disposal of 
materials on the public lands of the United States’’ 
(30 U.S.C. 601 and following) is amended by insert-
ing after section 4 the following new section: 
‘‘SEC. 5. This Act may be cited as the ‘Materials Act 
of 1947’.’’. 
(e) REPEALS.—(1) Subject to valid existing rights, the 
Act of August 4, 1892 (27 Stat. 348, 30 U.S.C. 161), com-
monly known as the Building Stone Act, is hereby repealed. 
(2) Subject to valid existing rights, the Act of January 
31, 1901 (30 U.S.C. 162), commonly known as the Saline 
Placer Act, is hereby repealed. 
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Union Calendar No. 260 
110TH CONGRESS 
1ST SESSION 
H. R. 2262 
[Report No. 110–412] 
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 purposes. 
OCTOBER 29, 2007 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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