appropriate and may conduct, after notice, any hearing 
or audit, necessary and appropriate to carrying out his 
or her duties. 
(b) ANCILLARY POWERS.—In connection with any 
hearing, inquiry, investigation, or audit under this Act, the 
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, is authorized to take any of the fol-
lowing actions: 
(1) Require, by special or general order, any 
person to submit in writing such affidavits and an-
swers to questions as the Secretary concerned may 
reasonably prescribe, which submission shall be 
made within such reasonable period and under oath 
or otherwise, as may be necessary. 
(2) Administer oaths. 
(3) Require by subpoena the attendance and 
testimony of witnesses and the production of all 
books, papers, records, documents, matter, and ma-
terials, as such Secretary may request. 
(4) Order testimony to be taken by deposition 
before any person who is designated by such Sec-
retary and who has the power to administer oaths, 
and to compel testimony and the production of evi-
dence in the same manner as authorized under para-
graph (3) of this subsection. 
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(5) Pay witnesses the same fees and mileage as 
are paid in like circumstances in the courts of the 
United States. 
(c) ENFORCEMENT.—In cases of refusal to obey a 
subpoena served upon any person under this section, the 
district court of the United States for any district in which 
such person is found, resides, or transacts business, upon 
application by the Attorney General at the request of the 
Secretary concerned and after notice to such person, shall 
have jurisdiction to issue an order requiring such person 
to appear and produce documents before the Secretary 
concerned. Any failure to obey such order of the court may 
be punished by such court as contempt thereof and subject 
to a penalty of up to $10,000 a day. 
(d) ENTRY AND ACCESS.—Without advance notice 
and upon presentation of appropriate credentials, the Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, or any authorized representative thereof— 
(1) shall have the right of entry to, upon, or 
through the site of any claim, mineral activities, or 
any premises in which any records required to be 
maintained under this Act are located; 
(2) may at reasonable times, and without delay, 
have access to records, inspect any monitoring 
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equipment, or review any method of operation re-
quired under this Act; 
(3) may engage in any work and do all things 
necessary or expedient to implement and administer 
the provisions of this Act; 
(4) may, on any mining claim located under the 
general mining laws and maintained in compliance 
with this Act, and without advance notice, stop and 
inspect any motorized form of transportation that 
such Secretary has probable cause to believe is car-
rying locatable minerals, concentrates, or products 
derived therefrom from a claim site for the purpose 
of determining whether the operator of such vehicle 
has documentation related to such locatable min-
erals, concentrates, or products derived therefrom as 
required by law, if such documentation is required 
under this Act; and 
(5) may, if accompanied by any appropriate law 
enforcement officer, or an appropriate law enforce-
ment officer alone, stop and inspect any motorized 
form of transportation which is not on a claim site 
if he or she has probable cause to believe such vehi-
cle is carrying locatable minerals, concentrates, or 
products derived therefrom from a claim site on 
Federal lands or allocated to such claim site. Such 
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inspection shall be for the purpose of determining 
whether the operator of such vehicle has the docu-
mentation required by law, if such documentation is 
required under this Act. 
SEC. 516. MULTIPLE MINERAL DEVELOPMENT AND SUR-
FACE RESOURCES. 
The provisions of sections 4 and 6 of the Act of Au-
gust 13, 1954 (30 U.S.C. 524 and 526), commonly known 
as the Multiple Minerals Development Act, and the provi-
sions of section 4 of the Act of July 23, 1955 (30 U.S.C. 
612), shall apply to all mining claims located under the 
general mining laws and maintained in compliance with 
such laws and this Act. 
SEC. 517. MINERAL MATERIALS. 
(a) DETERMINATIONS.—Section 3 of the Act of July 
23, 1955 (30 U.S.C. 611), is amended— 
(1) by inserting ‘‘(a)’’ before the first sentence; 
(2) by inserting ‘‘mineral materials, including 
but not limited to’’ after ‘‘varieties of’’ in the first 
sentence; 
(3) by striking ‘‘or cinders’’ and inserting in 
lieu thereof ‘‘cinders, and clay’’; and 
(4) by adding the following new subsection at 
the end thereof: 
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‘‘(b)(1) Subject to valid existing rights, after the date 
of enactment of the Hardrock Mining and Reclamation 
Act of 2009, notwithstanding the reference to common va-
rieties in subsection (a) and to the exception to such term 
relating to a deposit of materials with some property giv-
ing it distinct and special value, all deposits of mineral 
materials referred to in such subsection, including the 
block pumice referred to in such subsection, shall be sub-
ject to disposal only under the terms and conditions of 
the Materials Act of 1947. 
‘‘(2) For purposes of paragraph (1), the term ‘valid 
existing rights’ means that a mining claim located for any 
such mineral material— 
‘‘(A) had and still has some property giving it 
the distinct and special value referred to in sub-
section (a), or as the case may be, met the definition 
of block pumice referred to in such subsection; 
‘‘(B) was properly located and maintained 
under the general mining laws prior to the date of 
enactment of the Hardrock Mining and Reclamation 
Act of 2009; 
‘‘(C) was supported by a discovery of a valuable 
mineral deposit within the meaning of the general 
mining laws as in effect immediately prior to the 
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date of enactment of the Hardrock Mining and Rec-
lamation Act of 2009; and 
‘‘(D) that such claim continues to be valid 
under this Act.’’. 
(b) MINERAL
MATERIALS
DISPOSAL
CLARIFICA-
TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C. 
612), is amended— 
(1) in subsection (b) by inserting ‘‘and mineral 
material’’ after ‘‘vegetative’’; and 
(2) in subsection (c) by inserting ‘‘and mineral 
material’’ after ‘‘vegetative’’. 
(c) CONFORMING AMENDMENT.—Section 1 of the 
Act of July 31, 1947, entitled ‘‘An Act to provide for the 
disposal of materials on the public lands of the United 
States’’ (30 U.S.C. 601 et seq.) is amended by striking 
‘‘common varieties of’’ in the first sentence. 
(d) SHORT TITLES.— 
(1) SURFACE
RESOURCES.—The Act of July 
23, 1955, is amended by inserting after section 7 
the following new section: 
‘‘SEC. 8. This Act may be cited as the ‘Surface Re-
sources Act of 1955’.’’. 
(2) MINERAL MATERIALS.—The Act of July 31, 
1947, entitled ‘‘An Act to provide for the disposal of 
materials on the public lands of the United States’’ 
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(30 U.S.C. 601 et seq.) is amended by inserting 
after section 4 the following new section: 
‘‘SEC. 5. This Act may be cited as the ‘Materials Act 
of 1947’.’’. 
(e) REPEALS.—(1) Subject to valid existing rights, 
the Act of August 4, 1892 (27 Stat. 348; 30 U.S.C. 161), 
commonly known as the Building Stone Act, is hereby re-
pealed. 
(2) Subject to valid existing rights, the Act of Janu-
ary 31, 1901 (30 U.S.C. 162), commonly known as the 
Saline Placer Act, is hereby repealed. 
Æ 
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