I 
114TH CONGRESS 
1ST SESSION 
H. R. 963 
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 
FEBRUARY 13, 2015 
Mr. GRIJALVA (for himself, Mr. DEFAZIO, Mr. LOWENTHAL, Mr. BEYER, Ms. 
TSONGAS, Mr. CARTWRIGHT, Mr. HUFFMAN, Mr. TONKO, Mr. BLU-
MENAUER, Ms. CLARK of Massachusetts, Ms. LEE, Mr. LEVIN, Ms. 
MCCOLLUM, Mr. MCDERMOTT, Mr. QUIGLEY, Mr. SCHIFF, and Mr. 
TAKAI) introduced the following bill; which was referred to the Committee 
on Natural Resources, and in addition to the Committee on Transpor-
tation and Infrastructure, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
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 Mining Reform and Reclamation Act of 2015’’. 
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(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 EXPLORATION AND DEVELOPMENT 
Sec. 101. Limitation on patents. 
Sec. 102. Royalty. 
Sec. 103. Hardrock mining claim maintenance fee. 
Sec. 104. Effect of payments for use and occupancy of claims. 
TITLE II—PROTECTION OF SPECIAL PLACES 
Sec. 201. Lands open to location. 
Sec. 202. Withdrawal petitions by States, political subdivisions, and Indian 
tribes. 
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. 
Sec. 309. Limitation on the issuance of permits. 
TITLE IV—MINING MITIGATION 
Subtitle A—Hardrock Minerals Fund 
Sec. 401. Definitions. 
Sec. 402. Establishment of Fund. 
Sec. 403. Contents of Fund. 
Sec. 404. Subaccounts. 
Sec. 405. Displaced material reclamation fee. 
Subtitle B—Use of Hardrock Reclamation Account 
Sec. 411. Use and objectives of the account. 
Sec. 412. Eligible lands and waters. 
Sec. 413. Authorization of appropriations. 
Subtitle C—Use of Hardrock Community Impact Assistance Account 
Sec. 421. Use and objectives of the account. 
Sec. 422. Allocation of funds. 
TITLE V—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS 
Subtitle A—Administrative Provisions 
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Sec. 501. Policy functions. 
Sec. 502. User fees. 
Sec. 503. Inspection and monitoring. 
Sec. 504. Citizens suits. 
Sec. 505. Administrative and judicial review. 
Sec. 506. Enforcement. 
Sec. 507. Regulations. 
Sec. 508. Effective date. 
Subtitle B—Miscellaneous Provisions 
Sec. 511. Oil shale claims. 
Sec. 512. Purchasing power adjustment. 
Sec. 513. Savings clause. 
Sec. 514. Availability of public records. 
Sec. 515. Miscellaneous powers. 
Sec. 516. Multiple mineral development and surface resources. 
Sec. 517. Mineral materials. 
TITLE VI—GOOD SAMARITAN CLEANUP OF ABANDONED 
HARDROCK MINES 
Sec. 601. Short title. 
Sec. 602. Findings; purposes. 
Sec. 603. Scope. 
Sec. 604. Good Samaritan discharge permits. 
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 ‘‘applicant’’ means any person ap-
plying for a permit under this Act or a modification 
to or a renewal of a permit under this Act. 
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(3) The term ‘‘beneficiation’’ means the crush-
ing and grinding of locatable mineral ore and such 
processes as are employed to free the mineral from 
other constituents, including but not necessarily lim-
ited to, physical and chemical separation techniques. 
(4) 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. 
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(5) The term ‘‘claim holder’’ means a person 
holding a mining claim, millsite claim, or tunnel site 
claim located under the general mining laws and 
maintained in compliance with such laws and this 
Act. Such term may include an agent of a claim 
holder. 
(6) 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 without limitation, ownership interest, au-
thority to commit the entity’s real or financial as-
sets, position as a director, officer, or partner of the 
entity, or contractual arrangement. 
(7) 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; 
(B) includes mineral activities associated 
with sampling, drilling, and analyzing locatable 
mineral values; and 
(C) does not include extraction of mineral 
material for commercial use or sale. 
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(8) The term ‘‘Federal land’’ means any land, 
and any interest in land, that is owned by the 
United States and open to location of mining claims 
under the general mining laws and title II of this 
Act. 
(9) 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. 
(10) The term ‘‘Indian tribe’’ means any Indian 
tribe, band, nation, pueblo, or other organized group 
or community, including any Alaska Native village 
or regional corporation as defined in or established 
pursuant to the Alaska Native Claims Settlement 
Act (43 U.S.C. 1601 et seq.), that is recognized as 
eligible for the special programs and services pro-
vided by the United States to Indians because of 
their status as Indians. 
(11) The term ‘‘locatable mineral’’— 
(A) subject to subparagraph (B), means 
any mineral, the legal and beneficial title to 
which remains in the United States and that is 
not subject to disposition under any of— 
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(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 
(ii) owned by any Indian or Indian 
tribe, as defined in that section. 
(12) The term ‘‘mineral activities’’ means any 
activity on a mining claim, millsite claim, or tunnel 
site claim for, related to, or incidental to, mineral 
exploration, mining, beneficiation, processing, or rec-
lamation activities for any locatable mineral. 
(13) The term ‘‘National Conservation System 
unit’’ means any unit of the National Park System, 
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National Wildlife Refuge System, National Wild and 
Scenic Rivers System, or National Trails System, or 
a National Conservation Area, a National Recreation 
Area, a National Monument, or any unit of the Na-
tional Wilderness Preservation System. 
(14) 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. 
(15) 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. 
(16) The term ‘‘processing’’ means processes 
downstream of beneficiation employed to prepare 
locatable mineral ore into the final marketable prod-
uct, including but not limited to smelting and elec-
trolytic refining. 
(17) The term ‘‘Secretary’’ means the Secretary 
of the Interior, unless otherwise specified. 
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(18) The term ‘‘temporary cessation’’ means a 
halt in mine-related production activities for a con-
tinuous period of no longer than 5 years. 
(19) The term ‘‘undue degradation’’ means ir-
reparable harm to significant scientific, cultural, or 
environmental resources on public lands that cannot 
be effectively mitigated. 
(b) VALID EXISTING RIGHTS.—As used in this Act, 
the term ‘‘valid existing rights’’ means a mining claim or 
millsite claim located on lands described in section 201(b), 
that— 
(1) was properly located and maintained under 
the general mining laws prior to the date of enact-
ment of this Act; 
(2) was supported by a discovery of a valuable 
mineral deposit within the meaning of the general 
mining laws on the date of enactment of this Act, 
or satisfied the limitations under existing law for 
millsite claims; and 
(3) continues to be valid under this Act. 
(c) REFERENCES TO OTHER LAWS.—(1) Any ref-
erence in this Act to the term general mining laws is a 
reference to those Acts that generally comprise chapters 
2, 12A, and 16, and sections 161 and 162, of title 30, 
United States Code. 
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(2) 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 purposes’’ (30 
U.S.C. 601 et seq.). 
(d) REFERENCES TO THIS ACT.—Except as other-
wise expressly provided, any reference to ‘‘this Act’’ con-
tained in this section, section 3, or titles I through V shall 
be treated as referring only to the provisions of this sec-
tion, section 3, and titles I through V. 
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, on, or after the date of 
enactment of this Act, except as provided in subsection 
(b). 
(b) PREEXISTING CLAIMS.—(1) Any unpatented min-
ing claim or millsite claim located under the general min-
ing laws before the date of enactment of this Act for which 
a plan of operation has not been approved or a notice filed 
prior to the date of enactment shall, upon the effective 
date of this Act, be subject to the requirements of this 
Act, except as provided in paragraph (2). 
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(2)(A) If a plan of operations is approved for mineral 
activities on any claim or site referred to in paragraph 
(1) prior to the date of enactment of this Act but such 
operations have not commenced prior to the date of enact-
ment of this Act— 
(i) during the 10-year period beginning on the 
date of enactment of this Act, mineral activities at 
such claim or site shall be subject to such plan of 
operations; 
(ii) during such 10-year period, modifications of 
any such plan may be made in accordance with the 
provisions of law applicable prior to the enactment 
of this Act if such modifications are deemed minor 
by the Secretary concerned; and 
(iii) the operator shall bring such mineral ac-
tivities into compliance with this Act by the end of 
such 10-year period. 
(B) Where an application for modification of a plan 
of operations referred to in subparagraph (A)(ii) has been 
timely submitted and an approved plan expires prior to 
Secretarial action on the application, mineral activities 
and reclamation may continue in accordance with the 
terms of the expired plan until the Secretary makes an 
administrative decision on the application. 
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(c) FEDERAL LANDS SUBJECT TO EXISTING PER-
MIT.—(1) Any Federal land shall be subject to the require-
ments of section 102(a)(2) if the land is— 
(A) subject to an operations permit; and 
(B) producing valuable locatable minerals in 
commercial quantities prior to the date of enactment 
of this Act. 
(2) Any Federal land added through a plan modifica-
tion to an operations permit on Federal land that is sub-
mitted after the date of enactment of this Act shall be 
subject to the terms of section 102(a)(3). 
(d) APPLICATION OF ACT TO BENEFICIATION AND 
PROCESSING OF NON-FEDERAL MINERALS ON FEDERAL 
LANDS.—The provisions of this Act (including the envi-
ronmental protection requirements of title III) shall apply 
in the same manner and to the same extent to mining 
claims, millsite claims, and tunnel site claims used for 
beneficiation or processing activities for any mineral with-
out regard to whether or not the legal and beneficial title 
to the mineral is held by the United States. This sub-
section applies only to minerals that are locatable minerals 
or minerals that would be locatable minerals if the legal 
and beneficial title to such minerals were held by the 
United States. 
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TITLE 
I—MINERAL 
EXPLO-
RATION AND DEVELOPMENT 
SEC. 101. 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) for vein or lode claims 
and sections 2329, 2330, 2331, and 2333 of 
the Revised Statutes (30 U.S.C. 35, 36, and 
37) for placer claims 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 
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SEC. 102. ROYALTY. 
(a) RESERVATION OF ROYALTY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and subject to paragraph (3), production 
of all locatable minerals from any mining claim lo-
cated under the general mining laws and maintained 
in compliance with this Act, or mineral concentrates 
or products derived from locatable minerals from 
any such mining claim, as the case may be, shall be 
subject to a royalty of 8 percent of the gross income 
from mining. The claim holder or any operator to 
whom the claim holder has assigned the obligation 
to make royalty payments under the claim and any 
person who controls such claim holder or operator 
shall be liable for payment of such royalties. 
(2) ROYALTY FOR FEDERAL LANDS SUBJECT 
TO
EXISTING
PERMIT.—The royalty under para-
graph (1) shall be 4 percent in the case of any Fed-
eral land that— 
(A) is subject to an operations permit on 
the date of the enactment of this Act; and 
(B) produces valuable locatable minerals in 
commercial quantities on the date of enactment 
of this Act. 
(3) FEDERAL LAND ADDED TO EXISTING OPER-
ATIONS PERMIT.—Any Federal land added through 
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a plan modification to an operations permit that is 
submitted after the date of enactment of this Act 
shall be subject to the royalty that applies to Fed-
eral land under paragraph (1). 
(4) DEPOSIT.—Amounts received by the United 
States as royalties under this subsection shall be de-
posited into the account established under section 
401. 
(5) LIMITATION ON APPLICATION.— 
(A) IN GENERAL.—Any royalty under this 
subsection shall not apply for a person for any 
tax year for which the person certifies to the 
Secretary in writing that the person and all re-
lated parties with respect to such person, in the 
aggregate, had annual gross income from min-
eral production in an amount less than 
$100,000. 
(B) AGGREGATION OF INCOME.—The dol-
lar amount in subparagraph (A) shall be ap-
plied, for a person, to the aggregate of all an-
nual gross income from mineral production 
under all mining claims held by or assigned to 
such person or any related parties with respect 
to such person, including mining claims located 
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or for which a patent was issued before the date 
of the enactment of this Act. 
(C) RELATED PARTIES DEFINED.—For the 
purposes of this paragraph, the term ‘‘related 
parties’’ means, with respect to a person— 
(i) the spouse and all dependents (as 
defined in section 152 of the Internal Rev-
enue Code of 1986 (26 U.S.C. 152)) of the 
person; or 
(ii) another person who is affiliated 
with the person, including— 
(I) another person controlled by, 
controlling, or under common control 
with the person; and 
(II) a subsidiary or parent com-
pany or corporation of the person. 
(b) DUTIES OF CLAIM HOLDERS, OPERATORS, AND 
TRANSPORTERS.—(1) A person— 
(A) who is required to make any royalty pay-
ment under this section shall make such payments 
to the United States at such times and in such man-
ner as the Secretary may by rule prescribe; and 
(B) shall notify the Secretary, in the time and 
manner as may be specified by the Secretary, of any 
assignment that such person may have made of the 
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obligation to make any royalty or other payment 
under a mining claim. 
(2) Any person paying royalties under this section 
shall file a written instrument, together with the first roy-
alty payment, affirming that such person is responsible for 
making proper payments for all amounts due for all time 
periods for which such person has a payment responsi-
bility. Such responsibility for the periods referred to in the 
preceding sentence shall include any and all additional 
amounts billed by the Secretary and determined to be due 
by final agency or judicial action. Any person liable for 
royalty payments under this section who assigns any pay-
ment obligation shall remain jointly and severally liable 
for all royalty payments due for the claim for the period. 
(3) A person conducting mineral activities shall— 
(A) develop and comply with the site security 
provisions in the operations permit designed to pro-
tect from theft the locatable minerals, concentrates 
or products derived therefrom which are produced or 
stored on a mining claim, and such provisions shall 
conform with such minimum standards as the Sec-
retary may prescribe by rule, taking into account the 
variety of circumstances on mining claims; and 
(B) not later than the 5th business day after 
production begins anywhere on a mining claim, or 
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production resumes after more than 90 days after 
production was suspended, notify the Secretary, in 
the manner prescribed by the Secretary, of the date 
on which such production has begun or resumed. 
(4) The Secretary may by rule require any person en-
gaged in transporting a locatable mineral, concentrate, or 
product derived therefrom to carry on his or her person, 
in his or her vehicle, or in his or her immediate control, 
documentation showing, at a minimum, the amount, ori-
gin, and intended destination of the locatable mineral, con-
centrate, or product derived therefrom in such cir-
cumstances as the Secretary determines is appropriate. 
(c) RECORDKEEPING
AND REPORTING REQUIRE-
MENTS.—(1) A claim holder, operator, or other person di-
rectly involved in developing, producing, processing, trans-
porting, purchasing, or selling locatable minerals, con-
centrates, 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 pro-
vide 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, but not be limited to, 
periodic reports, records, documents, and other data. Such 
reports may also include, but not be limited to, pertinent 
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technical and financial data relating to the quantity, qual-
ity, composition volume, weight, and assay of all minerals 
extracted from the mining claim. Upon the request of any 
officer or employee duly designated by the Secretary con-
ducting an audit or investigation pursuant to this section, 
the appropriate records, reports, or information that may 
be required by this section shall be made available for in-
spection and duplication by such officer or employee. Fail-
ure by a claim holder, operator, or other person referred 
to in the first sentence to cooperate with such an audit, 
provide data required by the Secretary, or grant access 
to information may, at the discretion of the Secretary, re-
sult in involuntary forfeiture of the claim. 
(2) Records required by the Secretary under this sec-
tion shall be maintained for 7 years after release of finan-
cial assurance 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 oper-
ator of the obligation to maintain such records. 
(d) AUDITS.—The Secretary is authorized to conduct 
such audits of all claim holders, operators, transporters, 
purchasers, processors, or other persons directly or indi-
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rectly involved in the production or sales of minerals cov-
ered by this Act, as the Secretary deems necessary for the 
purposes of ensuring compliance with the requirements 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. 
(e) COOPERATIVE AGREEMENTS.—(1) The Secretary 
is authorized to enter into cooperative agreements with the 
Secretary of Agriculture to share information concerning 
the royalty management of locatable minerals, con-
centrates, or products derived therefrom, to carry out in-
spection, auditing, investigation, or enforcement (not in-
cluding the collection of royalties, civil or criminal pen-
alties, or other payments) activities under this section in 
cooperation with the Secretary, and to carry out any other 
activity described in this section. 
(2) Except as provided in paragraph (3)(A) of this 
subsection (relating to trade secrets), and pursuant to a 
cooperative agreement, the Secretary of Agriculture shall, 
upon request, have access to all royalty accounting infor-
mation in the possession of the Secretary respecting the 
production, removal, or sale of locatable minerals, con-
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centrates, or products derived therefrom from claims on 
lands open to location under this Act. 
(3) Trade secrets, proprietary, and other confidential 
information protected from disclosure under section 552 
of title 5, United States Code, popularly known as the 
Freedom of Information Act, shall be made available by 
the Secretary to other Federal agencies as necessary to 
assure compliance with this Act and other Federal laws. 
The Secretary, the Secretary of Agriculture, the Adminis-
trator of the Environmental Protection Agency, and other 
Federal officials shall ensure that such information is pro-
vided protection in accordance with the requirements of 
that section. 
(f) INTEREST AND SUBSTANTIAL UNDERREPORTING 
ASSESSMENTS.—(1) In the case of mining claims where 
royalty payments are not received by the Secretary on the 
date that such payments are due, the Secretary shall 
charge interest on such underpayments at the same inter-
est 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) If there is any underreporting of royalty owed on 
production from a claim for any production month by any 
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person liable for royalty payments under this section, the 
Secretary shall assess a penalty of not greater than 25 
percent of the amount of that underreporting. 
(3) For the purposes of this subsection, the term 
‘‘underreporting’’ means the difference between the roy-
alty on the value of the production that should have been 
reported and the royalty on the value of the production 
which was reported, if the value that should have been 
reported is greater than the value that was reported. 
(4) The Secretary may waive or reduce the assess-
ment provided in paragraph (2) of this subsection if the 
person liable for royalty payments under this section cor-
rects the underreporting before the date such person re-
ceives 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. 
(5) The Secretary shall waive any portion of an as-
sessment under paragraph (2) of this subsection attrib-
utable 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; 
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(B) such person had substantial authority for 
reporting royalty on the value of the production on 
the basis on which it was reported; 
(C) such person previously had notified the Sec-
retary, in such manner as the Secretary may by rule 
prescribe, of relevant reasons or facts affecting the 
royalty treatment of specific production which led to 
the underreporting; or 
(D) such person meets any other exception 
which the Secretary may, by rule, establish. 
(6) All penalties collected under this subsection shall 
be deposited in the Locatable Minerals Fund established 
under title IV. 
(g) DELEGATION.—For the purposes of this section, 
the term ‘‘Secretary’’ means the Secretary of the Interior 
acting through the Director of the Minerals Management 
Service. 
(h) EXPANDED ROYALTY OBLIGATIONS.—Each per-
son liable for royalty payments under this section shall 
be jointly and severally liable for royalty on all locatable 
minerals, concentrates, or products derived therefrom lost 
or wasted from a mining claim located under the general 
mining laws and maintained in compliance with this Act 
when such loss or waste is due to negligence on the part 
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of any person or due to the failure to comply with any 
rule, regulation, or order issued under this section. 
(i) GROSS INCOME FROM MINING DEFINED.—For 
the purposes of this section, for any locatable 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. 
(j) EFFECTIVE DATE.—The royalty under this sec-
tion shall take effect with respect to the production of 
locatable 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. 
(k) 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 located under the general mining laws and 
maintained in compliance with this Act were a lease under 
that Act. 
SEC. 103. HARDROCK MINING CLAIM MAINTENANCE FEE. 
(a) FEE.— 
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(1) Except as provided in section 2511(e)(2) of 
the Energy Policy Act of 1992 (relating to oil shale 
claims), for each unpatented mining claim, mill or 
tunnel site on federally owned lands, whether located 
before, on, or after enactment of this Act, each 
claimant shall pay to the Secretary, on or before Au-
gust 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 assess-
ment 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)). 
(2)(A) The claim maintenance fee required 
under this subsection shall be waived for a claimant 
who certifies in writing to the Secretary that on the 
date the payment was due, the claimant and all re-
lated parties— 
(i) held not more than 10 mining claims, 
mill sites, or tunnel sites, or any combination 
thereof, on public lands; and 
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(ii) have performed assessment work re-
quired under the Mining Law of 1872 (30 
U.S.C. 28 et seq.) to maintain the mining 
claims held by the claimant and such related 
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 claimant, 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 claimant; or 
(ii) a person affiliated with the claimant, 
including— 
(I) a person controlled by, controlling, 
or under common control with the claim-
ant; or 
(II) a subsidiary or parent company 
or corporation of the claimant. 
(3)(A) The Secretary shall adjust the fees re-
quired by this subsection to reflect changes in the 
Consumer Price Index published by the Bureau of 
Labor Statistics of the Department of Labor every 
5 years after the date of enactment of this Act, or 
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more frequently if the Secretary determines an ad-
justment to be reasonable. 
(B) The Secretary shall provide claimants no-
tice of any adjustment made under this paragraph 
not later than July 1 of any year in which the ad-
justment is made. 
(C) A fee adjustment under this paragraph 
shall begin to apply the calendar year following the 
calendar year in which it is made. 
(4) 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 Locatable Minerals Fund 
established by this Act. 
(b) LOCATION.— 
(1) Notwithstanding any provision of law, for 
every unpatented mining claim, mill or tunnel site 
located after the date of enactment of this Act and 
before September 30, 1998, the locator shall, at the 
time the location notice is recorded with the Bureau 
of Land Management, pay to the Secretary a loca-
tion fee, in addition to the fee required by subsection 
(a) of $50 per claim. 
(2) Moneys received under this subsection that 
are not otherwise allocated for the administration of 
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the mining laws by the Department of the Interior 
shall be deposited in the Locatable Minerals Fund 
established by this Act. 
(c) CO-OWNERSHIP.—The co-ownership provisions of 
the Mining Law of 1872 (30 U.S.C. 28 et seq.) will remain 
in effect except that the annual claim maintenance fee, 
where applicable, shall replace applicable assessment re-
quirements and expenditures. 
(d) 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. 
(e) OTHER REQUIREMENTS.— 
(1) Nothing in this section shall change or mod-
ify the requirements of section 314(b) of the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1744(b)), or the requirements 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) Section 2324 of the Revised Statutes of the 
United States (30 U.S.C. 28) is amended by insert-
ing ‘‘or section 103(a) of the Hardrock Mining Re-
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form and Reclamation Act of 2015’’ after ‘‘Act of 
1993’’. 
SEC. 104. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY 
OF CLAIMS. 
Timely payment of the claim maintenance fee re-
quired by section 103 of this Act or any related law relat-
ing to the use of Federal land, asserts the claimant’s au-
thority to use and occupy the Federal land concerned for 
prospecting and exploration, consistent with the require-
ments of this Act and other applicable law. 
TITLE II—PROTECTION OF 
SPECIAL PLACES 
SEC. 201. LANDS OPEN TO LOCATION. 
(a) LANDS OPEN TO LOCATION.—Except as provided 
in subsection (b), mining claims may be located under the 
general mining laws only on such lands and interests as 
were open to the location of mining claims under the gen-
eral mining laws immediately before the enactment of this 
Act. 
(b) LANDS NOT OPEN
TO LOCATION.—Notwith-
standing any other provision of law and subject to valid 
existing rights, each of the following shall not be open to 
the location of mining claims under the general mining 
laws on or after the date of enactment of this Act: 
(1) Wilderness study areas. 
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(2) Areas of critical environmental concern. 
(3) 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)). 
(4) 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. 
(c) EXISTING AUTHORITY NOT AFFECTED.—Noth-
ing in this Act limits the authority granted the Secretary 
in section 204 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1714) to withdraw public 
lands. 
SEC. 202. WITHDRAWAL PETITIONS BY STATES, POLITICAL 
SUBDIVISIONS, AND INDIAN TRIBES. 
(a) IN GENERAL.—Subject to valid existing rights, 
any State or political subdivision of a State or an Indian 
tribe may submit a petition to the Secretary for the with-
drawal of a specific tract of Federal land from the oper-
ation of the general mining laws, in order to protect spe-
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cific values identified in the petition that are important 
to the State or political subdivision or Indian tribe. Such 
values may include the value of a watershed to supply 
drinking water, wildlife habitat value, cultural or historic 
resources, or value for scenic vistas important to the local 
economy, and other similar values. In the case of an In-
dian tribe, the petition may also identify religious or cul-
tural values that are important to the Indian tribe. The 
petition shall contain the information required by section 
204 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1714). 
(b) CONSIDERATION OF PETITION.—The Secretary— 
(1) shall solicit public comment on the petition; 
(2) shall make a final decision on the petition 
within 180 days after receiving it; and 
(3) shall grant the petition subject to valid ex-
isting rights, unless the Secretary makes and pub-
lishes in the Federal Register specific findings why 
a decision to grant the petition would be against the 
national interest. 
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TITLE 
III—ENVIRONMENTAL 
CONSIDERATIONS 
OF 
MIN-
ERAL EXPLORATION AND DE-
VELOPMENT 
SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON 
FEDERAL LAND. 
Notwithstanding section 302(b) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1732(b)), 
the first section of the Act of June 4, 1897 (chapter 2; 
30 Stat. 36; 16 U.S.C. 478), and the National Forest 
Management Act of 1976 (16 U.S.C. 1600 et seq.), and 
in accordance with this title and applicable law, unless ex-
pressly stated otherwise in this Act, the Secretary— 
(1) shall ensure that mineral activities on any 
Federal land that is subject to a mining claim, mill-
site claim, or tunnel site claim is carefully controlled 
to prevent undue degradation of public lands and re-
sources; and 
(2) shall not grant permission to engage in min-
eral activities if the Secretary, after considering the 
evidence, makes and publishes in the Federal Reg-
ister a determination that undue degradation would 
result from such activities. 
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SEC. 302. PERMITS. 
(a) PERMITS REQUIRED.—No person may engage in 
mineral activities on Federal land that may cause a dis-
turbance of surface resources, including but not limited 
to land, air, ground water and surface water, and fish and 
wildlife, unless— 
(1) the claim was properly located under the 
general mining laws and maintained in compliance 
with such laws and this Act; and 
(2) a permit was issued to such person under 
this title authorizing such activities. 
(b) NEGLIGIBLE DISTURBANCE.—Notwithstanding 
subsection (a)(2), a permit under this title shall not be 
required for mineral activities that are a casual use of the 
Federal land. 
(c) COORDINATION WITH NEPA PROCESS.—To the 
extent practicable, the Secretary and the Secretary of Ag-
riculture shall conduct the permit processes under this Act 
in coordination with the timing and other requirements 
under section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332). 
SEC. 303. EXPLORATION PERMIT. 
(a) AUTHORIZED
EXPLORATION
ACTIVITY.—Any 
claim holder may apply for an exploration permit for any 
mining claim authorizing the claim holder to remove a rea-
sonable amount of the locatable minerals from the claim 
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for analysis, study and testing. Such permit shall not au-
thorize the claim holder to remove any mineral for sale 
nor to conduct any activities other than those required for 
exploration for locatable minerals and reclamation. 
(b) PERMIT APPLICATION REQUIREMENTS.—An ap-
plication for an exploration permit under this section shall 
be submitted in a manner satisfactory to the Secretary 
or, for National Forest System lands, the Secretary of Ag-
riculture, and shall contain an exploration plan, a reclama-
tion plan for the proposed exploration, and such docu-
mentation as necessary to ensure compliance with applica-
ble Federal and State environmental laws and regulations. 
(c) RECLAMATION PLAN REQUIREMENTS.—The rec-
lamation plan required to be included in a permit applica-
tion under subsection (b) shall include such provisions as 
may be jointly prescribed by the Secretary and the Sec-
retary of Agriculture. 
(d) PERMIT ISSUANCE OR DENIAL.—The Secretary, 
or for National Forest System lands, the Secretary of Ag-
riculture, shall issue an exploration permit pursuant to an 
application under this section unless such Secretary makes 
any of the following determinations: 
(1) The permit application, the exploration plan 
and reclamation plan are not complete and accurate. 
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(2) The applicant has not demonstrated that 
proposed reclamation can be accomplished. 
(3) The proposed exploration activities and con-
dition of the land after the completion of exploration 
activities and final reclamation would not conform 
with the land use plan applicable to the area subject 
to mineral activities. 
(4) The area subject to the proposed permit is 
included within an area not open to location under 
section 201. 
(5) The applicant has not demonstrated that 
the exploration plan and reclamation plan will be in 
compliance with the requirements of this Act and all 
other applicable Federal requirements, and any 
State requirements agreed to by the Secretary of the 
Interior (or Secretary of Agriculture, as appro-
priate). 
(6) The applicant has not demonstrated that 
the requirements of section 306 (relating to financial 
assurance) will be met. 
(7) The applicant is eligible to receive a permit 
under section 305. 
(e) TERM OF PERMIT.—An exploration permit shall 
be for a stated term. The term shall be no greater than 
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that necessary to accomplish the proposed exploration, 
and in no case for more than 10 years. 
(f) PERMIT MODIFICATION.—During the term of an 
exploration permit the permit holder may submit an appli-
cation to modify the permit. To approve a proposed modi-
fication to the permit, the Secretary concerned shall make 
the same determinations as are required in the case of 
an original permit, except that the Secretary and the Sec-
retary of Agriculture may specify by joint rule the extent 
to which requirements for initial exploration permits under 
this section shall apply to applications to modify an explo-
ration permit based on whether such modifications are 
deemed significant or minor. 
(g) 
TRANSFER, 
ASSIGNMENT, 
OR
SALE
OF 
RIGHTS.—(1) No transfer, assignment, or sale of rights 
granted by a permit issued under this section shall be 
made without the prior written approval of the Secretary 
or for National Forest System lands, the Secretary of Ag-
riculture. 
(2) Such Secretary shall allow a person holding a per-
mit to transfer, assign, or sell rights under the permit to 
a successor, if the Secretary finds, in writing, that the suc-
cessor— 
(A) is eligible to receive a permit in accordance 
with section 304(d); 
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(B) has submitted evidence of financial assur-
ance satisfactory under section 306; and 
(C) meets any other requirements specified by 
the Secretary. 
(3) The successor in interest shall assume the liability 
and reclamation responsibilities established by the existing 
permit and shall conduct the mineral activities in full com-
pliance with this Act, and the terms and conditions of the 
permit as in effect at the time of transfer, assignment, 
or sale. 
(4) Each application for approval of a permit trans-
fer, assignment, or sale pursuant to this subsection shall 
be accompanied by a fee payable to the Secretary of the 
Interior in such amount as may be established by such 
Secretary. Such amount shall be equal to the actual or 
anticipated cost to the Secretary or the Secretary of Agri-
culture, as appropriate, of reviewing and approving or dis-
approving such transfer, assignment, or sale, as deter-
mined by the Secretary of the Interior. 
SEC. 304. OPERATIONS PERMIT. 
(a) OPERATIONS PERMIT.—(1) Any claim holder that 
is in compliance with the general mining laws and section 
103 of this Act may apply to the Secretary, or for National 
Forest System lands, the Secretary of Agriculture, for an 
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operations permit authorizing the claim holder to carry 
out mineral activities, other than casual use, on— 
(A) any valid mining claim, valid millsite claim, 
or valid tunnel site claim; and 
(B) such additional Federal land as the Sec-
retary may determine is necessary to conduct the 
proposed mineral activities, if the operator obtains a 
right-of-way permit for use of such additional lands 
under title V of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1761 et seq.) and 
agrees to pay all fees required under that title for 
the permit under that title. 
(2) If the Secretary decides to issue such permit, the 
permit shall include such terms and conditions as pre-
scribed by such Secretary to carry out this title. 
(b) PERMIT APPLICATION REQUIREMENTS.—An ap-
plication for an operations permit under this section shall 
be submitted in a manner satisfactory to the Secretary 
concerned and shall contain site characterization data, an 
operations plan, a reclamation plan, monitoring plans, 
long-term maintenance plans, to the extent necessary, and 
such documentation as necessary to ensure compliance 
with applicable Federal and State environmental laws and 
regulations. If the proposed mineral activities will be car-
ried out in conjunction with mineral activities on adjacent 
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non-Federal lands, information on the location and nature 
of such operations may be required by the Secretary. 
(c) PERMIT ISSUANCE OR DENIAL.—(1) After pro-
viding for public participation pursuant to subsection (i), 
the Secretary, or for National Forest System lands the 
Secretary of Agriculture, shall issue an operations permit 
if such Secretary makes each of the following determina-
tions in writing, and shall deny a permit if such Secretary 
finds that the application and applicant do not fully meet 
the following requirements: 
(A) The permit application, including the site 
characterization data, operations plan, and reclama-
tion plan, are complete and accurate and sufficient 
for developing a good understanding of the antici-
pated impacts of the mineral activities and the effec-
tiveness of proposed mitigation and control. 
(B) The applicant has demonstrated that the 
proposed reclamation in the operation and reclama-
tion plan can be and is likely to be accomplished by 
the applicant and will not cause undue degradation. 
(C) The condition of the land, including the fish 
and wildlife resources and habitat contained thereon, 
after the completion of mineral activities and final 
reclamation, will conform to the land use plan appli-
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cable to the area subject to mineral activities and 
are returned to a productive use. 
(D) The area subject to the proposed plan is 
open to location for the types of mineral activities 
proposed. 
(E) The proposed operation has been designed 
to prevent material damage to the hydrologic bal-
ance outside the permit area. 
(F) The applicant will fully comply with the re-
quirements of section 306 (relating to financial as-
surance) prior to the initiation of operations. 
(G) Neither the applicant nor operator, nor any 
subsidiary, affiliate, or person controlled by or under 
common control with the applicant or operator, is in-
eligible to receive a permit under section 305. 
(H) The reclamation plan demonstrates that 10 
years following mine closure, no treatment of surface 
or ground water for carcinogens or toxins will be re-
quired to meet water quality standards at the point 
of discharge. 
(2) With respect to any activities specified in the rec-
lamation plan referred to in subsection (b) that constitutes 
a removal or remedial action under section 101 of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the 
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Secretary shall consult with the Administrator of the En-
vironmental Protection Agency prior to the issuance of an 
operations permit. The Administrator shall ensure that 
the reclamation plan does not require activities that would 
increase the costs or likelihood of removal or remedial ac-
tions under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.) or corrective actions under the Solid Waste Dis-
posal Act (42 U.S.C. 6901 et seq.). 
(d) TERM OF PERMIT; RENEWAL.— 
(1) An operations permit— 
(A) shall be for a term that is no longer 
than the shorter of— 
(i) the period necessary to accomplish 
the proposed mineral activities subject to 
the permit; and 
(ii) 20 years; and 
(B) shall be renewed for an additional 20- 
year period if the operation is in compliance 
with the requirements of this Act and other ap-
plicable law. 
(2) Failure by the operator to commence min-
eral activities within 2 years of the date scheduled 
in an operations permit shall require a modification 
of the permit if the Secretary concerned determines 
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that modifications are necessary to comply with sec-
tion 201. 
(e) PERMIT MODIFICATION.— 
(1) During the term of an operations permit 
the operator may submit an application to modify 
the permit (including the operations plan or rec-
lamation plan, or both). 
(2) The Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, may, at any 
time, require reasonable modification to any oper-
ations plan or reclamation plan upon a determina-
tion that the requirements of this Act cannot be met 
if the plan is followed as approved. Such determina-
tion shall be based on a written finding and subject 
to public notice and hearing requirements estab-
lished by the Secretary concerned. 
(3) A permit modification is required before 
changes are made to the approved plan of oper-
ations, or if unanticipated events or conditions exist 
on the mine site, including in the case of— 
(A) development of acid or toxic drainage; 
(B) loss of springs or water supplies; 
(C) water quantity, water quality, or other 
resulting water impacts that are significantly 
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different than those predicted in the applica-
tion; 
(D) the need for long-term water treat-
ment; 
(E) significant reclamation difficulties or 
reclamation failure; 
(F) the discovery of significant scientific, 
cultural, or biological resources that were not 
addressed in the original plan; or 
(G) the discovery of hazards to public safe-
ty. 
(f) TEMPORARY CESSATION OF OPERATIONS.—(1) 
An operator conducting mineral activities under an oper-
ations permit in effect under this title may not temporarily 
cease mineral activities for a period greater than 180 days 
unless the Secretary concerned has approved such tem-
porary cessation or unless the temporary cessation is per-
mitted under the original permit. Any operator tempo-
rarily ceasing mineral activities for a period greater than 
90 days under an operations permit issued before the date 
of the enactment of this Act shall submit, before the expi-
ration of such 90-day period, a complete application for 
temporary cessation of operations to the Secretary con-
cerned for approval unless the temporary cessation is per-
mitted under the original permit. 
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(2) An application for approval of temporary ces-
sation of operations shall include such information re-
quired under subsection (b) and any other provisions pre-
scribed by the Secretary concerned to minimize impacts 
on the environment. After receipt of a complete applica-
tion for temporary cessation of operations such Secretary 
shall conduct an inspection of the area for which tem-
porary cessation of operations has been requested. 
(3) To approve an application for temporary ces-
sation of operations, the Secretary concerned shall make 
each of the following determinations: 
(A) A determination that the methods for se-
curing surface facilities and restricting access to the 
permit area, or relevant portions thereof, will effec-
tively ensure against hazards to the health and safe-
ty of the public and fish and wildlife. 
(B) A determination that reclamation is in com-
pliance with the approved reclamation plan, except 
in those areas specifically designated in the applica-
tion for temporary cessation of operations for which 
a delay in meeting such standards is necessary to fa-
cilitate the resumption of operations. 
(C) A determination that the amount of finan-
cial assurance filed with the permit application is 
sufficient to assure completion of the reclamation ac-
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tivities identified in the approved reclamation plan in 
the event of forfeiture. 
(D) A determination that any outstanding no-
tices of violation and cessation orders incurred in 
connection with the plan for which temporary ces-
sation is being requested are either stayed pursuant 
to an administrative or judicial appeal proceeding or 
are in the process of being abated to the satisfaction 
of the Secretary concerned. 
(g) PERMIT REVIEWS.—The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture, 
shall review each permit issued under this section every 
10 years during the term of such permit, shall provide 
public notice of the permit review, and, based upon a writ-
ten finding, such Secretary shall require the operator to 
take such actions as the Secretary deems necessary to as-
sure that mineral activities conform to the permit, includ-
ing adjustment of financial assurance requirements. 
(h) 
TRANSFER, 
ASSIGNMENT, 
OR
SALE
OF 
RIGHTS.—(1) No transfer, assignment, or sale of rights 
granted by a permit under this section shall be made with-
out the prior written approval of the Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture. 
(2) The Secretary, or for National Forest System 
lands, the Secretary of Agriculture, may allow a person 
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holding a permit to transfer, assign, or sell rights under 
the permit to a successor, if such Secretary finds, in writ-
ing, that the successor— 
(A) has submitted information required and is 
eligible to receive a permit in accordance with sec-
tion 305; 
(B) has submitted evidence of financial assur-
ance satisfactory under section 306; and 
(C) meets any other requirements specified by 
such Secretary. 
(3) The successor in interest shall assume the liability 
and reclamation responsibilities established by the existing 
permit and shall conduct the mineral activities in full com-
pliance with this Act, and the terms and conditions of the 
permit as in effect at the time of transfer, assignment, 
or sale. 
(4) Each application for approval of a permit trans-
fer, assignment, or sale pursuant to this subsection shall 
be accompanied by a fee payable to the Secretary of the 
Interior, or for National Forest System lands, the Sec-
retary of Agriculture, in such amount as may be estab-
lished by such Secretary, or for National Forest System 
lands, by the Secretary of Agriculture. Such amount shall 
be equal to the actual or anticipated cost to the Secretary 
or, for National Forest System lands, to the Secretary of 
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Agriculture, of reviewing and approving or disapproving 
such transfer, assignment, or sale, as determined by such 
Secretary. 
(i) PUBLIC PARTICIPATION.—The Secretary of the 
Interior and the Secretary of Agriculture shall jointly pro-
mulgate regulations to ensure transparency and public 
participation in permit decisions required under this Act, 
consistent with any requirements that apply to such deci-
sions under section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332). 
SEC. 305. PERSONS INELIGIBLE FOR PERMITS. 
(a) CURRENT VIOLATIONS.—Unless corrective action 
has been taken in accordance with subsection (c), no per-
mit under this title shall be issued or transferred to an 
applicant if the applicant or any agent of the applicant, 
the operator (if different than the applicant) of the claim 
concerned, any claim holder (if different than the appli-
cant) of the claim concerned, or any affiliate or officer 
or director of the applicant is currently in violation of any 
of the following: 
(1) A provision of this Act or any regulation 
under this Act. 
(2) An applicable State or Federal toxic sub-
stance, solid waste, air, water quality, or fish and 
wildlife conservation law or regulation at any site 
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where mining, beneficiation, or processing activities 
are occurring or have occurred. 
(3) The Surface Mining Control and Reclama-
tion Act of 1977 (30 U.S.C. 1201 et seq.) or any 
regulation implementing that Act at any site where 
surface coal mining operations have occurred or are 
occurring. 
(b) SUSPENSION.—The Secretary, or for National 
Forest System lands the Secretary of Agriculture, shall 
suspend an operations permit, in whole or in part, if such 
Secretary determines that any of the entities described in 
subsection (a) were in violation of any requirement listed 
in subsection (a) at the time the permit was issued. 
(c) CORRECTION.—(1) The Secretary, or for National 
Forest System lands the Secretary of Agriculture, may 
issue or reinstate a permit under this title if the applicant 
submits proof that the violation referred to in subsection 
(a) or (b) has been corrected or is in the process of being 
corrected to the satisfaction of such Secretary and the reg-
ulatory authority involved or if the applicant submits proof 
that the violator has filed and is presently pursuing, a di-
rect administrative or judicial appeal to contest the exist-
ence of the violation. For purposes of this section, an ap-
peal of any applicant’s relationship to an affiliate shall not 
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constitute a direct administrative or judicial appeal to con-
test the existence of the violation. 
(2) Any permit which is issued or reinstated based 
upon proof submitted under this subsection shall be condi-
tionally approved or conditionally reinstated, as the case 
may be. If the violation is not successfully abated or the 
violation is upheld on appeal, the permit shall be sus-
pended or revoked. 
(d) PATTERN OF WILLFUL VIOLATIONS.—No permit 
under this Act may be issued to any applicant if there 
is a demonstrated pattern of willful violations of the envi-
ronmental protection requirements of this Act by the ap-
plicant, any affiliate of the applicant, or the operator or 
claim holder if different than the applicant. 
SEC. 306. FINANCIAL ASSURANCE. 
(a) FINANCIAL ASSURANCE REQUIRED.—(1) After a 
permit is issued under this title and before any exploration 
or operations begin under the permit, the operator shall 
file with the Secretary, or for National Forest System 
lands the Secretary of Agriculture, evidence of financial 
assurance payable to the United States. The financial as-
surance shall be provided in the form of a surety bond, 
a trust fund, letters of credits, government securities, cer-
tificates of deposit, cash, or an equivalent form approved 
by such Secretary. 
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(2) The financial assurance shall cover all lands with-
in the initial permit area and all affected waters that may 
require restoration, treatment, or other management as a 
result of mineral activities, and shall be extended to cover 
all lands and waters added pursuant to any permit modi-
fication made under section 303(f) (relating to exploration 
permits) or section 304(e) (relating to operations per-
mits), or affected by mineral activities. 
(b) AMOUNT.—The amount of the financial assur-
ance required under this section shall be sufficient to as-
sure the completion of reclamation and restoration satis-
fying the requirements of this Act if the work were to be 
performed by the Secretary concerned in the event of for-
feiture, including the construction and maintenance costs 
for any treatment facilities necessary to meet Federal and 
State environmental requirements. The calculation of such 
amount shall take into account the maximum level of fi-
nancial exposure which shall arise during the mineral ac-
tivity and administrative costs associated with a govern-
ment agency reclaiming the site. 
(c) DURATION.—The financial assurance required 
under this section shall be held for the duration of the 
mineral activities and for an additional period to cover the 
operator’s responsibility for reclamation, restoration, and 
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long-term maintenance, and effluent treatment as speci-
fied in subsection (g). 
(d) ADJUSTMENTS.—The amount of the financial as-
surance and the terms of the acceptance of the assurance 
may be adjusted by the Secretary concerned from time to 
time as the area requiring coverage is increased or de-
creased, or where the costs of reclamation or treatment 
change, or pursuant to section 304(f) (relating to tem-
porary cessation of operations), but the financial assur-
ance shall otherwise be in compliance with this section. 
The Secretary concerned shall review the financial guar-
antee every 3 years and as part of the permit application 
review under section 304(c). 
(e) RELEASE.—Upon request, and after notice and 
opportunity for public comment, and after inspection by 
the Secretary, or for National Forest System lands, the 
Secretary of Agriculture, such Secretary may, after con-
sultation with the Administrator of the Environmental 
Protection Agency, release in whole or in part the financial 
assurance required under this section if the Secretary 
makes both of the following determinations: 
(1) A determination that reclamation or res-
toration covered by the financial assurance has been 
accomplished as required by this Act. 
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(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 
activities and all requirements of the operations plan 
and the reclamation plan, and all other requirements 
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of this Act have been fully met, the remaining por-
tion of the financial assurance may be released. 
During the period following release of the financial assur-
ance as specified in paragraph (1), until the remaining 
portion of the financial assurance is released as provided 
in paragraph (2), the operator shall be required to comply 
with the permit issued under this title. 
(g) EFFLUENT.—Notwithstanding section 307(b)(4), 
where any discharge or other water-related condition re-
sulting from the mineral activities requires treatment in 
order to meet the applicable effluent limitations and water 
quality standards, the financial assurance shall include the 
estimated cost of maintaining such treatment for the pro-
jected period that will be needed after the cessation of 
mineral activities. The portion of the financial assurance 
attributable to such estimated cost of treatment shall not 
be released until the discharge has ceased for a period of 
5 years, as determined by ongoing monitoring and testing, 
or, if the discharge continues, until the operator has met 
all applicable effluent limitations and water quality stand-
ards for 5 full years without treatment. 
(h) ENVIRONMENTAL HAZARDS.—If the Secretary, 
or for National Forest System lands, the Secretary of Ag-
riculture, determines, after final release of financial assur-
ance, that an environmental hazard resulting from the 
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mineral activities exists, or the terms and conditions of 
the explorations or operations permit of this Act were not 
fulfilled in fact at the time of release, such Secretary shall 
issue an order under section 506 requiring the claim hold-
er or operator (or any person who controls the claim hold-
er or operator) to correct the condition such that applica-
ble laws and regulations and any conditions from the plan 
of operations are met. 
SEC. 307. OPERATION AND RECLAMATION. 
(a) GENERAL RULE.—(1) The operator shall restore 
lands subject to mineral activities carried out under a per-
mit issued under this title to a condition capable of sup-
porting— 
(A) the uses which such lands were capable of 
supporting prior to surface disturbance by the oper-
ator, or 
(B) other beneficial uses which conform to ap-
plicable land use plans as determined by the Sec-
retary, or for National Forest System lands, the 
Secretary of Agriculture. 
(2) Reclamation shall proceed as contemporaneously 
as practicable with the conduct of mineral activities. In 
the case of a cessation of mineral activities beyond that 
provided for as a temporary cessation under this Act, rec-
lamation activities shall begin immediately. 
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(b) OPERATION AND RECLAMATION STANDARDS.— 
The Secretary of the Interior and the Secretary of Agri-
culture shall jointly promulgate regulations that establish 
operation and reclamation standards for mineral activities 
permitted under this Act. The Secretaries may determine 
whether outcome-based performance standards or tech-
nology-based design standards are most appropriate. The 
regulations shall address the following: 
(1) Segregation, protection, and replacement of 
topsoil or other suitable growth medium, and the 
prevention, where possible, of soil contamination. 
(2) Maintenance of the stability of all surface 
areas. 
(3) Control of sediments to prevent erosion and 
manage drainage. 
(4) Minimization of the formation and migra-
tion of acidic, alkaline, metal-bearing, or other dele-
terious leachate. 
(5) Reduction of the visual impact of mineral 
activities to the surrounding topography, including 
as necessary pit backfill. 
(6) Establishment of a diverse, effective, and 
permanent vegetative cover of the same seasonal va-
riety native to the area affected by mineral activities, 
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and equal in extent of cover to the natural vegeta-
tion of the area. 
(7) Design and maintenance of leach oper-
ations, impoundments, and excess waste according to 
standard engineering standards to achieve and main-
tain stability and reclamation of the site. 
(8) Removal of structures and roads and seal-
ing of drill holes. 
(9) Restoration of, or mitigation for, fish and 
wildlife habitat disturbed by mineral activities. 
(10) Preservation of cultural, paleontological, 
and cave resources. 
(11) Prevention and suppression of fire in the 
area of mineral activities. 
(c) SURFACE OR GROUNDWATER WITHDRAWALS.— 
The Secretary shall work with State and local govern-
ments with authority over the allocation and use of surface 
and groundwater in the area around the mine site as nec-
essary to ensure that any surface or groundwater with-
drawals made as a result of mining activities approved 
under this section do not cause undue degradation. 
(d) SPECIAL RULE.—Reclamation activities for a 
mining claim that has been forfeited, relinquished, or 
lapsed, or a plan that has expired or been revoked or sus-
pended, shall continue subject to review and approval by 
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the Secretary, or for National Forest System lands the 
Secretary of Agriculture. 
SEC. 308. STATE LAW AND REGULATION. 
(a) STATE LAW.—(1) Any reclamation, land use, en-
vironmental, or public health protection standard or re-
quirement in State law or regulation that meets or exceeds 
the requirements of this Act shall not be construed to be 
inconsistent with any such standard. 
(2) Any bonding standard or requirement in State 
law or regulation that meets or exceeds the requirements 
of this Act shall not be construed to be inconsistent with 
such requirements. 
(3) Any inspection standard or requirement in State 
law or regulation that meets or exceeds the requirements 
of this Act shall not be construed to be inconsistent with 
such requirements. 
(b) APPLICABILITY
OF OTHER STATE REQUIRE-
MENTS.—(1) Nothing in this Act shall be construed as af-
fecting any toxic substance, solid waste, or air or water 
quality, standard or requirement of any State, county, 
local, or tribal law or regulation, which may be applicable 
to mineral activities on lands subject to this Act. 
(2) Nothing in this Act shall be construed as affecting 
in any way the right of any person to enforce or protect, 
under applicable law, such person’s interest in water re-
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sources affected by mineral activities on lands subject to 
this Act. 
(c) COOPERATIVE AGREEMENTS.—(1) Any State 
may enter into a cooperative agreement with the Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, for the purposes of such Secretary applying 
such standards and requirements referred to in subsection 
(a) and subsection (b) to mineral activities or reclamation 
on lands subject to this Act. 
(2) In such instances where the proposed mineral ac-
tivities would affect lands not subject to this Act in addi-
tion to lands subject to this Act, in order to approve a 
plan of operations the Secretary concerned shall enter into 
a cooperative agreement with the State that sets forth a 
common regulatory framework consistent with the require-
ments of this Act for the purposes of such plan of oper-
ations. Any such common regulatory framework shall not 
negate the authority of the Federal Government to inde-
pendently inspect mines and operations and bring enforce-
ment actions for violations. 
(3) The Secretary concerned shall not enter into a 
cooperative agreement with any State under this section 
until after notice in the Federal Register and opportunity 
for public comment and hearing. 
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(d) PRIOR AGREEMENTS.—Any cooperative agree-
ment or such other understanding between the Secretary 
concerned and any State, or political subdivision thereof, 
relating to the management of mineral activities on lands 
subject to this Act that was in existence on the date of 
enactment of this Act may only continue in force until 1 
year after the date of enactment of this Act. During such 
1-year period, the State and the Secretary shall review the 
terms of the agreement and make changes that are nec-
essary to be consistent with this Act. 
SEC. 309. LIMITATION ON THE ISSUANCE OF PERMITS. 
No permit shall be issued under this title that author-
izes mineral activities that would impair the land or re-
sources of a National Park or a National Monument. For 
purposes of this section, the term ‘‘impair’’ shall include 
any diminution of the affected land including wildlife, sce-
nic assets, water resources, air quality, and acoustic quali-
ties, or other changes that would impair a citizen’s experi-
ence at the National Park or National Monument. 
TITLE IV—MINING MITIGATION 
Subtitle A—Hardrock Minerals 
Fund 
SEC. 401. DEFINITIONS. 
As used in this title: 
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(1) The term ‘‘crude ore’’ means ore in its un-
processed form, containing profitable amounts of the 
target mineral. 
(2) The term ‘‘displaced material’’ means any 
crude ore and waste dislodged from its location at 
the time hardrock mining operations begin at a sur-
face, underground, or in-situ mine. 
(3) The term ‘‘Federal land’’ means any land, 
including mineral interests, owned by the United 
States without regard to how the United States ac-
quired ownership of the land and without regard to 
the agency having responsibility for management 
thereof, except Indian lands. 
(4) FUND.—The term ‘‘Fund’’ means the 
Hardrock Minerals Fund established by section 402. 
(5) The term ‘‘hardrock mineral’’ means— 
(A) any mineral mined under the Mining 
Law of 1872 (30 U.S.C. 22 et seq.); and 
(B) with respect to State, Indian, and pri-
vate lands, any mineral on those lands that 
would be considered hardrock mineral under 
subparagraph (A) if such mineral had been 
mined under the Mining Law of 1872. 
(6) The term ‘‘hardrock mining operation’’ 
means— 
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(A) any activity or operation conducted to 
mine a mineral under the Mining Law of 1872 
(30 U.S.C. 22 et seq.); 
(B) with respect to State, Indian, and pri-
vate lands, any activity or operation conducted 
on such lands to mine a mineral that would be 
considered hardrock mineral if such mineral 
had been mined under the Mining Law of 1872; 
and 
(C) any activities or operations to mine 
any other mineral the mining of which, at any 
time on or after the date of the enactment of 
this Act, is or was subject to the Mining Law 
of 1872. 
(7) The term ‘‘mineral activity’’ means any ac-
tivity on a mining claim, millsite claim, or tunnel 
site claim for, related to, or incidental to, any min-
eral exploration, mining, beneficiation, processing, or 
reclamation activity for any hardrock mineral. 
(8) The term ‘‘operator’’ means any person that 
conducts a mineral activity and any agent of such 
person. 
(9) The term ‘‘ton’’ means 2,000 pounds avoir-
dupois (.90718 metric ton). 
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(10) The term ‘‘waste’’ means rock that must 
be fractured and removed in order to gain access to 
crude ore. 
SEC. 402. ESTABLISHMENT OF FUND. 
(a) ESTABLISHMENT.—There is established on the 
books of the Treasury a separate account to be known as 
the Hardrock Minerals Fund. 
(b) INVESTMENT.—The Secretary shall notify the 
Secretary of the Treasury as to what portion of the Fund 
is not, in the Secretary’s judgment, required to meet cur-
rent withdrawals. The Secretary of the Treasury shall in-
vest such portion of the Fund in public debt securities 
with maturities suitable for the needs of such Fund and 
bearing interest at rates determined by the Secretary of 
the Treasury, taking into consideration current market 
yields on outstanding marketplace obligations of the 
United States of comparable maturities. 
(c) ADMINISTRATION.—In addition to other uses au-
thorized by this title, the Secretary may use amounts in 
the Fund as necessary for the administrative expenses of 
the United States, Indian tribes, and the States to imple-
ment this title. 
SEC. 403. CONTENTS OF FUND. 
The following amounts shall be credited to the Fund: 
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(1) All moneys collected pursuant to section 
506 and section 504. 
(2) 
All 
fees 
received 
under 
section 
304(a)(1)(B). 
(3) All donations by persons, corporations, as-
sociations, and foundations for the purposes of this 
subtitle. 
(4) All amounts deposited in the Fund under 
section 102. 
(5) All amounts received by the United States 
from issuance of patents based on a determination 
under section 101. 
(6) All amounts received by the United States 
pursuant to section 103 as claim maintenance and 
location fees, other than the moneys allocated for 
administration of the mining laws by the Depart-
ment of the Interior. 
(7) All income on investments under section 
402(b). 
(8) All amounts deposited in the Fund under 
section 405. 
SEC. 404. SUBACCOUNTS. 
There shall be in the Fund 2 subaccounts, as follows: 
(1) The Hardrock Reclamation Account, which 
shall consist of two-thirds of the amounts credited to 
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the Fund under section 403 and which shall be ad-
ministered by the Secretary acting through the Di-
rector of the Office of Surface Mining and Enforce-
ment. 
(2) The Hardrock Community Impact Assist-
ance Account, which shall consist of one-third of the 
amounts credited to the Fund under section 403 and 
which shall be administered by the Secretary acting 
through the Director of the Bureau of Land Man-
agement. 
SEC. 405. DISPLACED MATERIAL RECLAMATION FEE. 
(a) IMPOSITION OF FEE.—Except as provided in sub-
section (g), each operator of a hardrock mining operation 
shall pay to the Secretary, for deposit in the Hardrock 
Minerals Fund established by section 402, a displaced ma-
terial reclamation fee of 7 cents per ton of displaced mate-
rial. 
(b) PAYMENT DEADLINE.—Such reclamation fee 
shall be paid not later than 60 days after the end of each 
calendar year beginning with the first calendar year occur-
ring after the date of enactment of this Act. 
(c) SUBMISSION
OF STATEMENT.—Together with 
such reclamation fee, all operators of hardrock mining op-
erations shall submit to the Secretary a statement of the 
amount of displaced material produced during mineral ac-
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tivities during the previous calendar year, the accuracy of 
which shall be sworn to by the operator and notarized. 
(d) PENALTY.—Any corporate officer, agent, or di-
rector of a person conducting a hardrock mining oper-
ation, and any other person acting on behalf of such a 
person, who knowingly makes any false statement, rep-
resentation, or certification, or knowingly fails to make 
any statement, representation, or certification, required 
under this section with respect to such operation shall, 
upon conviction, be punished by a fine of not more than 
$10,000. 
(e) CIVIL ACTION TO RECOVER FEE.—Any portion 
of such reclamation fee not properly or promptly paid pur-
suant to this section shall be recoverable, with statutory 
interest, from the hardrock mining operations operator, in 
any court of competent jurisdiction in any action at law 
to compel payment of debts. 
(f) EFFECT.—Nothing in this section requires a re-
duction in, or otherwise affects, any similar fee required 
under any law (including regulations) of any State. 
(g) EXEMPTION.— 
(1) IN GENERAL.—The fee under this section 
shall not apply for a person for any tax year for 
which the person certifies to the Secretary in writing 
that the person and all related parties with respect 
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to such person, in the aggregate, had annual gross 
income from mineral production in an amount less 
than $100,000. 
(2) AGGREGATION
OF
INCOME.—The dollar 
amount in paragraph (1) shall be applied for a per-
son to the aggregate of all annual gross income from 
mineral production under all mining claims held by 
or assigned to such person or any related parties 
with respect to such person, including mining claims 
located or for which a patent was issued before the 
date of the enactment of this Act. 
(3) DEFINITIONS.—For the purposes of this 
paragraph, the term ‘‘related parties’’ means, with 
respect to a person— 
(A) the spouse and all dependents (as de-
fined in section 152 of the Internal Revenue 
Code of 1986 (26 U.S.C. 152)) of the person; 
or 
(B) another person who is affiliated with 
the person, including— 
(i) another person controlled by, con-
trolling, or under common control with the 
person; and 
(ii) a subsidiary or parent company or 
corporation of the person. 
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Subtitle B—Use of Hardrock 
Reclamation Account 
SEC. 411. USE AND OBJECTIVES OF THE ACCOUNT. 
(a) AUTHORIZED USES.— 
(1) IN GENERAL.—The Secretary may, subject 
to appropriations, use moneys in the Hardrock Rec-
lamation Account (hereinafter in this subtitle re-
ferred to as the ‘‘Account’’) for the reclamation and 
restoration of land and water resources adversely af-
fected by past hardrock mineral activities and re-
lated activities on lands described in section 412, in-
cluding any of the following: 
(A) Protecting public health and safety. 
(B) Preventing, abating, treating, and con-
trolling water pollution created by abandoned 
mine drainage, including in river watershed 
areas. 
(C) Reclaiming and restoring abandoned 
surface and underground mined areas. 
(D) Reclaiming and restoring abandoned 
milling and processing areas. 
(E) Backfilling, sealing, or otherwise con-
trolling abandoned underground mine entries. 
(F) Revegetating land adversely affected 
by past mineral activities in order to prevent 
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erosion and sedimentation, to enhance wildlife 
habitat, and for any other reclamation purpose. 
(G) Controlling surface subsidence due to 
abandoned underground mines. 
(H) Enhancing fish and wildlife habitat. 
(2) MANNER OF USE.—Amounts in the Account 
may— 
(A) be expended by the Secretary for the 
purposes described in paragraph (1); 
(B) be transferred by the Secretary to the 
Director of the Bureau of Land Management, 
the Chief of the Forest Service, the Director of 
the National Park Service, the Director of the 
United States Fish and Wildlife Service, the 
head of any other Federal agency, or any public 
entity that volunteers to develop and imple-
ment, and that has the ability to carry out, all 
or a significant portion of a reclamation pro-
gram under this subtitle; or 
(C) be transferred by the Secretary to an 
Indian tribe or a State to carry out a reclama-
tion program under this subtitle that meets the 
purposes described in paragraph (1). 
(b) ALLOCATION.—Of the amounts deposited into the 
Account— 
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(1) 25 percent shall be allocated by the Sec-
retary for expenditure in States or on tribal lands 
within the boundaries of which occurs production of 
hardrock minerals or mineral concentrates or prod-
ucts derived from hardrock minerals, based on a for-
mula reflecting existing production in each such 
State or on the land of the Indian tribe; 
(2) 25 percent shall be allocated for expenditure 
by the Secretary in States or on tribal lands based 
on a formula reflecting the quantity of hardrock 
minerals, or mineral concentrates or products de-
rived from hardrock minerals, historically produced 
in each such State or from the land of the Indian 
tribe before the date of enactment of this Act; and 
(3) 50 percent shall be allocated for expenditure 
by the Secretary to address high-priority needs ac-
cording to the priorities in subsection (c). 
(c) PRIORITIES.—Expenditures of moneys from the 
Account shall reflect the following priorities in the order 
stated: 
(1) The protection of public health and safety 
from extreme danger from the adverse effects of 
past mineral activities, especially as relates to sur-
face water and ground water contaminants. 
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(2) The protection of public health and safety 
from the adverse effects of past mineral activities. 
(3) The restoration of land, water, and fish and 
wildlife resources previously degraded by the adverse 
effects of past mineral activities, which may include 
restoration activities in river watershed areas. 
(d) HABITAT.—Reclamation and restoration activi-
ties under this subtitle shall include appropriate mitiga-
tion measures to provide for the continuation of any estab-
lished habitat for wildlife in existence before the com-
mencement of such activities. 
(e) RESPONSE OR REMOVAL ACTIONS.—Reclamation 
and restoration activities under this subtitle that con-
stitute a removal or remedial action under section 101 of 
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601), shall 
be conducted with the concurrence of the Administrator 
of the Environmental Protection Agency. The Secretary 
and the Administrator shall enter into a memorandum of 
understanding to establish procedures for consultation, 
concurrence, training, exchange of technical expertise, and 
joint activities under the appropriate circumstances, that 
provide assurances that reclamation or restoration activi-
ties under this subtitle shall not be conducted in a manner 
that increases the costs or likelihood of removal or reme-
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dial actions under the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.), and that avoid oversight by multiple 
agencies to the maximum extent practicable. 
SEC. 412. ELIGIBLE LANDS AND WATERS. 
(a) ELIGIBILITY.—Reclamation expenditures under 
this subtitle may only be made with respect to Federal, 
State, Indian, local, and private lands that have been af-
fected by past mineral activities, and water resources that 
traverse or are contiguous to such lands, including any 
of the following: 
(1) Lands and water resources that were used 
for, or affected by, mineral activities and abandoned 
or left in an inadequate reclamation status before 
the effective date of this Act. 
(2) Lands for which the Secretary makes a de-
termination that there is no continuing reclamation 
responsibility of a claim holder, operator, or other 
person who abandoned the site prior to completion 
of required reclamation under State or other Federal 
laws. 
(b) SPECIFIC SITES AND AREAS NOT ELIGIBLE.— 
Sites and areas designated for remedial action pursuant 
to the Uranium Mill Tailings Radiation Control Act of 
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1978 (42 U.S.C. 7901 et seq.) shall not be eligible for 
expenditures from the Account under this section. 
(c) INVENTORY.—The Secretary shall prepare and 
maintain a publicly available inventory of abandoned 
hardrock minerals mines on public lands and any aban-
doned mine on Indian lands that may be eligible for ex-
penditures under this subtitle, and shall submit an annual 
report to the Congress on the progress in cleanup of such 
sites. 
SEC. 413. AUTHORIZATION OF APPROPRIATIONS. 
Amounts credited to the Hardrock Reclamation Ac-
count are authorized to be appropriated for the purpose 
of this subtitle without fiscal year limitation. 
Subtitle C—Use of Hardrock Com-
munity Impact Assistance Ac-
count 
SEC. 421. USE AND OBJECTIVES OF THE ACCOUNT. 
Amounts in the Hardrock Community Impact Assist-
ance Account shall be available to the Secretary, subject 
to appropriations, to provide assistance for the planning, 
construction, and maintenance of public facilities and the 
provision of public services to States, political subdivisions, 
and Indian tribes that are socially or economically im-
pacted by mineral activities conducted under the general 
mining laws. 
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SEC. 422. ALLOCATION OF FUNDS. 
Moneys deposited into the Hardrock Community Im-
pact Assistance Account shall be allocated by the Sec-
retary for purposes of section 421 among the States within 
the boundaries of which occurs production of locatable 
minerals from mining claims located under the general 
mining laws and maintained in compliance with this Act, 
or mineral concentrates or products derived from locatable 
minerals from mining claims located under the general 
mining laws and maintained in compliance with this Act, 
as the case may be, in proportion to the amount of such 
production in each such State. 
TITLE V—ADMINISTRATIVE AND 
MISCELLANEOUS PROVISIONS 
Subtitle A—Administrative 
Provisions 
SEC. 501. POLICY FUNCTIONS. 
(a) MINERALS POLICY.—Section 101 of the Mining 
and Minerals Policy Act of 1970 (30 U.S.C. 21a) is 
amended— 
(1) in the first sentence by inserting before the 
period at the end the following: ‘‘and to ensure that 
mineral extraction and processing not cause undue 
degradation of the natural and cultural resources of 
the public lands’’; and 
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(2) by adding at the end thereof the following: 
‘‘It shall also be the responsibility of the Secretary 
of Agriculture to carry out the policy provisions of 
clauses (1) and (2) of the first paragraph of this 
section.’’. 
(b) MINERAL DATA.—Section 5(e)(3) of the National 
Materials and Minerals Policy, Research and Development 
Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by insert-
ing before the period the following: ‘‘, except that for Na-
tional Forest System lands the Secretary of Agriculture 
shall promptly initiate actions to improve the availability 
and analysis of mineral data in public land use decision-
making’’. 
SEC. 502. USER FEES. 
(a) IN GENERAL.—The Secretary and the Secretary 
of Agriculture may each establish and collect from persons 
subject to the requirements of this Act such user fees as 
may be necessary to reimburse the United States for the 
expenses incurred in administering such requirements. 
Fees may be assessed and collected under this section only 
in such manner as may reasonably be expected to result 
in an aggregate amount of the fees collected during any 
fiscal year which does not exceed the aggregate amount 
of administrative expenses referred to in this section. 
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(b) ADJUSTMENT.—(1) The Secretary shall adjust 
the fees required by this section to reflect changes in the 
Consumer Price Index published by the Bureau of Labor 
Statistics of the Department of Labor every 5 years after 
the date of enactment of this Act, or more frequently if 
the Secretary determines an adjustment to be reasonable. 
(2) The Secretary shall provide claimants notice of 
any adjustment made under this subsection not later than 
July 1 of any year in which the adjustment is made. 
(3) A fee adjustment under this subsection shall 
begin to apply the calendar year following the calendar 
year in which it is made. 
SEC. 503. INSPECTION AND MONITORING. 
(a) INSPECTIONS.—(1) The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture, 
shall make inspections of mineral activities so as to ensure 
compliance with the requirements of this Act. 
(2) The Secretary concerned shall establish a fre-
quency of inspections for mineral activities conducted 
under a permit issued under title III, but in no event shall 
such inspection frequency be less than one complete in-
spection per calendar quarter or, two per calendar quarter 
in the case of a permit for which the Secretary concerned 
approves an application under section 304(f) (relating to 
temporary cessation of operations). After revegetation has 
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been established in accordance with a reclamation plan, 
such Secretary shall conduct annually 2 complete inspec-
tions. Such Secretary shall have the discretion to modify 
the inspection frequency for mineral activities that are 
conducted on a seasonal basis. Inspections shall continue 
under this subsection until final release of financial assur-
ance. 
(3)(A) Any person who has reason to believe he or 
she is or may be adversely affected by mineral activities 
due to any violation of the requirements of a permit ap-
proved under this Act may request an inspection. The Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, shall determine within 10 working days of 
receipt of the request whether the request states a reason 
to believe that a violation exists. If the person alleges and 
provides reason to believe that an imminent threat to the 
environment or danger to the health or safety of the public 
exists, the 10-day period shall be waived and the inspec-
tion shall be conducted immediately. When an inspection 
is conducted under this paragraph, the Secretary con-
cerned shall notify the person requesting the inspection, 
and such person shall be allowed to accompany the Sec-
retary concerned or the Secretary’s authorized representa-
tive during the inspection. The Secretary shall not incur 
any liability for allowing such person to accompany an au-
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thorized representative. The identity of the person sup-
plying information to the Secretary relating to a possible 
violation or imminent danger or harm shall remain con-
fidential with the Secretary if so requested by that person, 
unless that person elects to accompany an authorized rep-
resentative on the inspection. 
(B) The Secretaries shall, by joint rule, establish pro-
cedures for the review of (i) any decision by an authorized 
representative not to inspect; or (ii) any refusal by such 
representative to ensure that remedial actions are taken 
with respect to any alleged violation. The Secretary con-
cerned shall furnish such persons requesting the review 
a written statement of the reasons for the Secretary’s final 
disposition of the case. 
(b) MONITORING.—(1) The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture, 
shall require all operators to develop and maintain a moni-
toring and evaluation system that shall identify compli-
ance with all requirements of a permit approved under this 
Act. The Secretary concerned may require additional mon-
itoring to be conducted as necessary to assure compliance 
with the reclamation and other environmental standards 
of this Act. Such plan must be reviewed and approved by 
the Secretary and shall become a part of the explorations 
or operations permit. 
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(2) The operator shall file reports with the Secretary, 
or for National Forest System lands the Secretary of Agri-
culture, on a frequency determined by the Secretary con-
cerned, on the results of the monitoring and evaluation 
process, except that if the monitoring and evaluation show 
a violation of the requirements of a permit approved under 
this Act, it shall be reported immediately to the Secretary 
concerned. The Secretary shall evaluate the reports sub-
mitted pursuant to this paragraph, and based on those 
reports and any necessary inspection shall take enforce-
ment action pursuant to this section. Such reports shall 
be maintained by the operator and by the Secretary and 
shall be made available to the public. 
(3) The Secretary, or for National Forest System 
lands the Secretary of Agriculture, shall determine what 
information shall be reported by the operator pursuant to 
paragraph (3). A failure to report as required by the Sec-
retary concerned shall constitute a violation of this Act 
and subject the operator to enforcement action pursuant 
to section 506. 
SEC. 504. CITIZENS SUITS. 
(a) IN GENERAL.—Except as provided in subsection 
(b), any person may commence a civil action on his or 
her own behalf to compel compliance— 
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(1) against any person (including the Secretary 
or the Secretary of Agriculture) who is alleged to be 
in violation of any of the provisions of this Act or 
any regulation promulgated pursuant to title III of 
this Act or any term or condition of any permit 
issued under title III of this Act; or 
(2) against the Secretary or the Secretary of 
Agriculture where there is alleged a failure of such 
Secretary to perform any act or duty under this Act, 
or to promulgate any regulation under this Act, 
which is not within the discretion of the Secretary 
concerned. 
The United States district courts shall have jurisdiction 
over actions brought under this section, without regard to 
the amount in controversy or the citizenship of the parties, 
including actions brought to apply any civil penalty under 
this Act. The district courts of the United States shall 
have jurisdiction to compel agency action unreasonably de-
layed, except that an action to compel agency action re-
viewable under section 505 may only be filed in a United 
States district court within the circuit in which such action 
would be reviewable under section 505. 
(b) EXCEPTIONS.—(1) No action may be commenced 
under subsection (a) before the end of the 60-day period 
beginning on the date the plaintiff has given notice in writ-
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ing of such alleged violation to the alleged violator and 
the Secretary, or for National Forest System lands the 
Secretary of Agriculture, except that any such action may 
be brought immediately after such notification if the viola-
tion complained of constitutes an imminent threat to the 
environment or to the health or safety of the public. 
(2) No action may be brought against any person 
other than the Secretary or the Secretary of Agriculture 
under subsection (a)(1) if such Secretary has commenced 
and is diligently prosecuting a civil or criminal action in 
a court of the United States to require compliance. 
(3) No action may be commenced under paragraph 
(2) of subsection (a) against either Secretary to review any 
rule promulgated by, or to any permit issued or denied 
by such Secretary if such rule or permit issuance or denial 
is judicially reviewable under section 505 or under any 
other provision of law at any time after such promulga-
tion, issuance, or denial is final. 
(c) VENUE.—Venue of all actions brought under this 
section shall be determined in accordance with section 
1391 of title 28, United States Code. 
(d) COSTS.—The court, in issuing any final order in 
any action brought pursuant to this section may award 
costs of litigation (including attorney and expert witness 
fees) to any party whenever the court determines such 
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award is appropriate. The court may, if a temporary re-
straining order or preliminary injunction is sought, require 
the filing of a bond or equivalent security in accordance 
with the Federal Rules of Civil Procedure. 
(e) SAVINGS CLAUSE.—Nothing in this section shall 
restrict any right which any person (or class of persons) 
may have under chapter 7 of title 5, United States Code, 
under this section, or under any other statute or common 
law to bring an action to seek any relief against the Sec-
retary or the Secretary of Agriculture or against any other 
person, including any action for any violation of this Act 
or of any regulation or permit issued under this Act or 
for any failure to act as required by law. Nothing in this 
section shall affect the jurisdiction of any court under any 
provision of title 28, United States Code, including any 
action for any violation of this Act or of any regulation 
or permit issued under this Act or for any failure to act 
as required by law. 
SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) REVIEW
BY SECRETARY.—(1)(A) Any person 
issued a notice of violation or cessation order under sec-
tion 506, or any person having an interest which is or 
may be adversely affected by such notice or order, may 
apply to the Secretary, or for National Forest System 
lands the Secretary of Agriculture, for review of the notice 
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or order within 30 days after receipt thereof, or as the 
case may be, within 30 days after such notice or order 
is modified, vacated, or terminated. 
(B) Any person who is subject to a penalty assessed 
under section 506 may apply to the Secretary concerned 
for review of the assessment within 45 days of notification 
of such penalty. 
(C) Any person may apply to such Secretary for re-
view of the decision within 30 days after it is made. 
(D) Pending a review by the Secretary or resolution 
of an administrative appeal, final decisions (except en-
forcement actions under section 506) shall be stayed. 
(2) The Secretary concerned shall provide an oppor-
tunity for a public hearing at the request of any party 
to the proceeding as specified in paragraph (1). The filing 
of an application for review under this subsection shall not 
operate as a stay of any order or notice issued under sec-
tion 506. 
(3) For any review proceeding under this subsection, 
the Secretary concerned shall make findings of fact and 
shall issue a written decision incorporating therein an 
order vacating, affirming, modifying, or terminating the 
notice, order, or decision, or with respect to an assess-
ment, the amount of penalty that is warranted. Where the 
application for review concerns a cessation order issued 
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under section 506 the Secretary concerned shall issue the 
written decision within 30 days of the receipt of the appli-
cation for review or within 30 days after the conclusion 
of any hearing referred to in paragraph (2), whichever is 
later, unless temporary relief has been granted by the Sec-
retary concerned under paragraph (4). 
(4) Pending completion of any review proceedings 
under this subsection, the applicant may file with the Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, a written request that the Secretary grant 
temporary relief from any order issued under section 506 
together with a detailed statement giving reasons for such 
relief. The Secretary concerned shall expeditiously issue 
an order or decision granting or denying such relief. The 
Secretary concerned may grant such relief under such con-
ditions as he or she may prescribe only if such relief shall 
not adversely affect the health or safety of the public or 
cause imminent environmental harm to land, air, or water 
resources. 
(5) The availability of review under this subsection 
shall not be construed to limit the operation of rights 
under section 504 (relating to citizen suits). 
(b) JUDICIAL REVIEW.—(1) Any final action by the 
Secretaries of the Interior and Agriculture in promul-
gating regulations to implement this Act, or any other 
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final actions constituting rulemaking to implement this 
Act, shall be subject to judicial review only in the United 
States Court of Appeals for the District of Columbia. Any 
action subject to judicial review under this subsection shall 
be affirmed unless the court concludes that such action 
is arbitrary, capricious, or otherwise inconsistent with law. 
A petition for review of any action subject to judicial re-
view under this subsection shall be filed within 60 days 
from the date of such action, or after such date if the 
petition is based solely on grounds arising after the 60th 
day. Any such petition may be made by any person who 
commented or otherwise participated in the rulemaking or 
any person who may be adversely affected by the action 
of the Secretaries. 
(2) Final agency action under this subsection, includ-
ing such final action on those matters described under 
subsection (a), shall be subject to judicial review in accord-
ance with paragraph (4) and pursuant to section 1391 of 
title 28, United States Code, on or before 60 days from 
the date of such final action. Any action subject to judicial 
review under this subsection shall be affirmed unless the 
court concludes that such action is arbitrary, capricious, 
or otherwise inconsistent with law. 
(3) The availability of judicial review established in 
this subsection shall not be construed to limit the oper-
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emcdonald on DSK67QTVN1PROD with BILLS
ations of rights under section 504 (relating to citizens 
suits). 
(4) The court shall hear any petition or complaint 
filed under this subsection solely on the record made be-
fore the Secretary or Secretaries concerned. The court 
may affirm or vacate any order or decision or may remand 
the proceedings to the Secretary or Secretaries for such 
further action as it may direct. 
(5) The commencement of a proceeding under this 
section shall not, unless specifically ordered by the court, 
operate as a stay of the action, order, or decision of the 
Secretary or Secretaries concerned. 
(c) COSTS.—Whenever a proceeding occurs under 
subsection (a) or (b), at the request of any person, a sum 
equal to the aggregate amount of all costs and expenses 
(including attorney fees) as determined by the Secretary 
or Secretaries concerned or the court to have been reason-
ably incurred by such person for or in connection with par-
ticipation in such proceedings, including any judicial re-
view of the proceeding, may be assessed against either 
party as the court, in the case of judicial review, or the 
Secretary or Secretaries concerned in the case of adminis-
trative proceedings, deems proper if it is determined that 
such party prevailed in whole or in part, achieving some 
success on the merits, and that such party made a sub-
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stantial contribution to a full and fair determination of 
the issues. 
SEC. 506. ENFORCEMENT. 
(a) ORDERS.—(1) If the Secretary, or for National 
Forest System lands the Secretary of Agriculture, or an 
authorized representative of such Secretary, determines 
that any person is in violation of any environmental pro-
tection requirement under title III or any regulation 
issued by the Secretaries to implement this Act, such Sec-
retary or authorized representative shall issue to such per-
son a notice of violation describing the violation and the 
corrective measures to be taken. The Secretary concerned, 
or the authorized representative of such Secretary, shall 
provide such person with a period of time not to exceed 
30 days to abate the violation. Such period of time may 
be extended by the Secretary concerned upon a showing 
of good cause by such person. If, upon the expiration of 
time provided for such abatement, the Secretary con-
cerned, or the authorized representative of such Secretary, 
finds that the violation has not been abated he or she shall 
immediately order a cessation of all mineral activities or 
the portion thereof relevant to the violation. 
(2) If the Secretary concerned, or the authorized rep-
resentative of the Secretary concerned, determines that 
any condition or practice exists, or that any person is in 
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violation of any requirement under a permit approved 
under this Act, and such condition, practice or violation 
is causing, or can reasonably be expected to cause— 
(A) an imminent danger to the health or safety 
of the public; or 
(B) significant, imminent environmental harm 
to land, air, water, or fish or wildlife resources, 
such Secretary or authorized representative shall imme-
diately order a cessation of mineral activities or the por-
tion thereof relevant to the condition, practice, or viola-
tion. 
(3)(A) A cessation order pursuant to paragraph (1) 
or (2) shall remain in effect until such Secretary, or au-
thorized representative, determines that the condition, 
practice, or violation has been abated, or until modified, 
vacated or terminated by the Secretary or authorized rep-
resentative. In any such order, the Secretary or authorized 
representative shall determine the steps necessary to abate 
the violation in the most expeditious manner possible and 
shall include the necessary measures in the order. The 
Secretary concerned shall require appropriate financial as-
surances to ensure that the abatement obligations are met. 
(B) Any notice or order issued pursuant to paragraph 
(1) or (2) may be modified, vacated, or terminated by the 
Secretary concerned or an authorized representative of 
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129 
‘‘(ii) REQUIREMENTS
NOT
MET.—If 
the permitting authority determines that 
an application for a Good Samaritan dis-
charge permit does not meet each require-
ment described in subparagraph (B), the 
permitting authority shall— 
‘‘(I) notify the eligible applicant 
that the application is disapproved 
and explain the reasons for the dis-
approval; and 
‘‘(II) allow the eligible applicant 
to submit a revised application. 
‘‘(iii) REQUIREMENTS
MET.—If the 
permitting authority determines that an 
application for a Good Samaritan dis-
charge permit meets each requirement de-
scribed in subparagraph (B), the permit-
ting authority shall notify the eligible ap-
plicant that the application is accepted. 
‘‘(F) PERMIT ISSUANCE.—After notice and 
opportunity for public comment with respect to 
a Good Samaritan discharge permit proposed 
by a permitting authority to be issued under 
this subsection (including any additional re-
quirement that the permitting authority deter-
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130 
mines would facilitate the implementation of 
this subsection), the permitting authority may 
issue a permit to an eligible applicant if— 
‘‘(i) the permitting authority deter-
mines that— 
‘‘(I) relative to the resources 
identified by the eligible applicant for 
funding the proposed remediation ac-
tivity, the eligible applicant has made 
a reasonable effort to identify identifi-
able owners or operators under sub-
paragraph (B)(ii)(III); 
‘‘(II) no identifiable owner or op-
erator exists (except, with respect to 
Federal land, where the only identifi-
able owner or operator is the Federal 
Government); 
‘‘(III) taking into consideration 
each funding source (including the 
amount of each funding source) iden-
tified by the eligible applicant for the 
proposed remediation activity in ac-
cordance with subparagraph (B)(v), 
the remediation plan of the eligible 
applicant demonstrates that the im-
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