104
retary, or for National Forest System lands the Secretary
of Agriculture, except that any such action may be brought
immediately after such notification if the violation com-
plained of constitutes an imminent threat to the environ-
ment 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 judi-
cially reviewable under section 406 or under any other pro-
vision of law at any time after such promulgation, issuance,
or denial is final.
(c) VENUE.—Venue of all actions brought under this
section shall be determined in accordance with title 28
U.S.C. 1391.
(d) INTERVENTION; NOTICE.—(1) In any action under
this section, the Secretary, or for National Forest System
lands the Secretary of Agriculture, may intervene as a mat-
ter of right at any time. A judgment in an action under
105
this section to which the United States is not a party shall
not have any binding effect upon the United States.
(2) Whenever an action is brought under this section
the plaintiff shall serve a copy of the complaint on the At-
torney General of the United States and on the Secretary,
or for National Forest System lands the Secretary of Agri-
culture. No consent judgment shall be entered in an action
brought under this section in which the United States is
not a party prior to 45 days following the date on which
a copy of the proposed consent judgment is submitted to
the Attorney General and the Secretary, or for National
Forest System lands the Secretary of Agriculture. During
such 45-day period the Attorney General or such Secretary
may submit comments on the proposed consent judgment
to the court and parties or may intervene as a matter of
right.
(e) 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 prevailing party whenever the court determines
such award is appropriate. The court may, if a temporary
restraining order or preliminary injunction is sought, re-
quire the filing of a bond or equivalent security in accord-
ance with the Federal Rules of Civil Procedure.
106
(f) SAVINGS CLAUSE.—Nothing in this section shall re-
strict any right which any person (or class of persons) may
have under chapter 7 of title 5 of the United States Code,
under section 406 of this Act or under any other statute
or common law to bring an action to seek any relief against
the Secretary 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 of the United States Code, includ-
ing any action for any violation of this Act or of any regu-
lation or permit issued under this Act or for any failure
to act as required by law.
SEC. 406. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) REVIEW BY SECRETARY.—(1)(A) Any person is-
sued a notice of violation or cessation order under section
407, 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 Sec-
retary of Agriculture, for review of the notice or order with-
in 30 days of receipt thereof, or as the case may be, within
30 days of such notice or order being modified, vacated or
terminated.
107
(B) Any person who is subject to a penalty assessed
under section 106, section 107(c), or section 407 may apply
to the Secretary concerned for review of the assessment with-
in 30 days of notification of such penalty.
(C) Any person having an interest which is or may
be adversely affected by a decision made by the Secretary
or the Secretary of Agriculture under section 203, 204, 205,
206, 209, or 404(a)(3) may apply to such Secretary for re-
view of the decision within 30 days after it is made.
(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 section
407.
(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 no-
tice, order or decision, or with respect to an assessment,
the amount of penalty that is warranted. Where the appli-
cation for review concerns a cessation order issued under
section 407, the Secretary concerned shall issue the written
decision within 30 days of the receipt of the application
for review or within 30 days after the conclusion of any
108
hearing referred to in paragraph (2), whichever is later,
unless temporary relief has been granted by the Secretary
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 407
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 Sec-
retary concerned may grant such relief under such condi-
tions as he may prescribe only if such relief shall not ad-
versely affect the health or safety of the public or cause sig-
nificant, 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 405.
(b) JUDICIAL REVIEW.—(1) Any final action by the
Secretaries of the Interior and Agriculture in promulgating
regulations to implement this Act, or any other final ac-
tions 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
109
to judicial review under this subsection shall be affirmed
unless the court concludes that such action is arbitrary, ca-
pricious, or otherwise inconsistent with law. A petition for
review of any action subject to judicial review 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 sixtieth 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 Act, including such
final action on those matters described under subsection (a),
shall be subject to judicial review in accordance with para-
graph (4) and pursuant to 28 U.S.C. 1391 of the United
States Code on or before 60 days from the date of such final
action. Any action subject to judicial review under this sub-
section 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 operations
of rights under section 405 (relating to citizens suits).
(4) The court shall hear any petition or complaint
filed under this subsection solely on the record made before
the Secretary or Secretaries concerned. The court may af-
110
firm 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 sec-
tion shall not, unless specifically ordered by the court, oper-
ate as a stay of the action, order or decision of the Secretary
or Secretaries concerned.
(c) COSTS.—Whenever a proceeding occurs under sub-
section (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 reasonably incurred by
such person for or in connection with participation in such
proceedings, including any judicial review of the proceed-
ing, 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 administrative 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 substantial contribution to a full
and fair determination of the issues.
SEC. 407. ENFORCEMENT.
(a) ORDERS.—(1) If the Secretary, or for National
Forest System lands the Secretary of Agriculture, or an au-
thorized representative of such Secretary, determines that
111
any person is in violation of any surface management or
monitoring requirement, such Secretary or authorized rep-
resentative shall issue to such person a notice of violation
describing the violation and the corrective measures to be
taken. The Secretary concerned, or the authorized represent-
ative 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 con-
cerned upon a showing of good cause by such person. If,
upon the expiration of time provided for such abatement,
the Secretary concerned, or the authorized representative of
such Secretary, finds that the violation has not been abated
he shall immediately order a cessation of all mineral activi-
ties 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 viola-
tion of any surface management or monitoring require-
ment, 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 or water resources;
112
such Secretary or authorized representative shall imme-
diately order a cessation of mineral activities or the portion
thereof relevant to the condition, practice or violation.
(3)(A) A cessation order pursuant to paragraphs (1)
or (2) shall remain in effect until such Secretary, or author-
ized representative, determines that the condition, practice
or violation has been abated, or until modified, vacated or
terminated by the Secretary or authorized representative.
In any such order, the Secretary or authorized representa-
tive shall determine the steps necessary to abate the viola-
tion in the most expeditious manner possible and shall in-
clude the necessary measures in the order. The Secretary
concerned shall require appropriate financial assurances to
ensure that the abatement obligations are met.
(B) Any notice or order issued pursuant to paragraphs
(1) or (2) may be modified, vacated or terminated by the
Secretary concerned or an authorized representative of such
Secretary. Any person to whom any such notice or order
is issued shall be entitled to a hearing on the record.
(4) If, after 30 days of the date of the order referred
to in paragraph (3)(A) the required abatement has not oc-
curred the Secretary concerned shall take such alternative
enforcement action against the claimholder or operator (or
any person who controls the claimholder or operator) as
will most likely bring about abatement in the most expedi-
113
tious manner possible. Such alternative enforcement action
may include, but is not necessarily limited to, seeking ap-
propriate injunctive relief to bring about abatement. Noth-
ing in this paragraph shall preclude the Secretary, or for
National Forest System lands the Secretary of Agriculture,
from taking alternative enforcement action prior to the ex-
piration of 30 days.
(5) If a claimholder or operator (or any person who
controls the claimholder or operator) fails to abate a viola-
tion or defaults on the terms of the permit, the Secretary,
or for National Forest System lands the Secretary of Agri-
culture, shall forfeit the financial assurance for the plan
as necessary to ensure abatement and reclamation under
this Act. The Secretary concerned may prescribe conditions
under which a surety may perform reclamation in accord-
ance with the approved plan in lieu of forfeiture.
(6) The Secretary, or for National Forest System lands
the Secretary of Agriculture, shall not cause forfeiture of
the financial assurance while administrative or judicial re-
view is pending.
(7) In the event of forfeiture, the claim holder, opera-
tor, or any affiliate thereof, as appropriate as determined
by the Secretary by rule, shall be jointly and severally liable
for any remaining reclamation obligations under this Act.
114
(b) COMPLIANCE.—The Secretary, or for National For-
est System lands the Secretary of Agriculture, may request
the Attorney General to institute a civil action for relief,
including a permanent or temporary injunction or re-
straining order, or any other appropriate enforcement
order, including the imposition of civil penalties, in the dis-
trict court of the United States for the district in which
the mineral activities are located whenever a person—
(1) violates, fails or refuses to comply with any
order issued by the Secretary concerned under sub-
section (a); or
(2) interferes with, hinders or delays the Sec-
retary concerned in carrying out an inspection under
section 404.
Such court shall have jurisdiction to provide such relief as
may be appropriate. Any relief granted by the court to en-
force an order under paragraph (1) shall continue in effect
until the completion or final termination of all proceedings
for review of such order unless the district court granting
such relief sets it aside.
(c) DELEGATION.—Notwithstanding any other provi-
sion of law, the Secretary may utilize personnel of the Office
of Surface Mining Reclamation and Enforcement to ensure
compliance with the requirements of this Act.
115
(d) PENALTIES.—(1) Any person who fails to comply
with any surface management requirement shall be liable
for a penalty of not more than $25,000 per violation. Each
day of violation may be deemed a separate violation for
purposes of penalty assessments.
(2) A person who fails to correct a violation for which
a cessation order has been issued under subsection (a) with-
in the period permitted for its correction shall be assessed
a civil penalty of not less than $1,000 per violation for each
day during which such failure continues, but in no event
shall such assessment exceed a 30-day period.
(3) Whenever a corporation is in violation of a surface
management requirement or fails or refuses to comply with
an order issued under subsection (a), any director, officer
or agent of such corporation who knowingly authorized, or-
dered, or carried out such violation, failure or refusal shall
be subject to the same penalties as may be imposed upon
the person referred to in paragraph (1).
(e) SUSPENSIONS OR REVOCATIONS.—The Secretary,
or for National Forest System lands the Secretary of Agri-
culture, may suspend or revoke a permit issued under title
II, in whole or in part, if the operator or person conducting
mineral activities—
(1) knowingly made or knowingly makes any
false, inaccurate, or misleading material statement in
116
any mining claim, notice of location, application,
record, report, plan, or other document filed or re-
quired to be maintained under this Act;
(2) fails to abate a violation covered by a ces-
sation order issued under subsection (a);
(3) fails to comply with an order of the Sec-
retary concerned;
(4) refuses to permit an audit pursuant to this
Act;
(5) fails to maintain an adequate financial as-
surance under section 206;
(6) fails to pay claim maintenance fees or other
moneys due and owing under this Act; or
(7) with regard to plans conditionally approved
under section 205(c)(2), fails to abate a violation to
the satisfaction of the Secretary concerned, or if the
validity of the violation is upheld on the appeal
which formed the basis for the conditional approval.
(f) FALSE STATEMENTS; TAMPERING.—Any person
who knowingly—
(1) makes any false material statement, rep-
resentation, or certification in, or omits or conceals
material information from, or unlawfully alters, any
mining claim, notice of location, application, record,
117
report, plan, or other documents filed or required to
be maintained under this Act; or
(2) falsifies, tampers with, renders inaccurate, or
fails to install any monitoring device or method be re-
quired to be maintained under this Act,
shall upon conviction, be punished by a fine of not more
than $10,000, or by imprisonment for not more than 2
years, or by both. If a conviction of a person is for a viola-
tion committed after a first conviction of such person under
this paragraph, punishment shall be by a fine of not more
than $20,000 per day of violation, or by imprisonment of
not more than 4 years, or both. Each day of continuing
violation may be deemed a separate violation for purposes
of penalty assessments.
(g) KNOWING VIOLATIONS.—Any person who know-
ingly—
(1) engages in mineral activities without a per-
mit required under title II, or
(2) violates any other surface management re-
quirement of this Act or any provision of a permit
issued under this Act (including any exploration or
operations plan on which such permit is based), or
condition or limitation thereof,
shall upon conviction be punished by a fine of not less than
$5,000 nor more than $50,000 per day of violation, or by
118
imprisonment for not more than 3 years, or both. If a con-
viction of a person is for a violation committed after the
first conviction of such person under this paragraph, pun-
ishment shall be a fine of not less than $10,000 per day
of violation, or by imprisonment of not more than 6 years,
or both.
(h) FAILURE TO COMPLY WITH ROYALTY REQUIRE-
MENTS.—(1) Any person who fails to comply with the re-
quirements of section 306 or any regulation or order issued
to implement section 306 shall be liable for a civil penalty
under section 109 of the Federal Oil and Gas Royalty Man-
agement Act (30 U.S.C. 1719) to the same extent as if the
claim located or converted under this Act were a lease under
that Act.
(2) Any person who knowingly and willfully commits
an act for which a civil penalty is provided in paragraph
(1) shall, upon conviction, be punished by a fine of not more
than $50,000, or by imprisonment for not more than 2
years, or both.
(i) DEFINITION. For purposes of this section, the term
‘‘person’’ includes a person as defined in section 3(a) and
any officer, agent, or employee of any such person.
119
SEC. 408. REGULATIONS; EFFECTIVE DATES.
(a) EFFECTIVE DATE.—The provisions of this Act
shall take effect on the date of enactment of this Act, except
as otherwise provided in this Act.
(b) REGULATIONS.—The Secretary and the Secretary
of Agriculture may issue such regulations as may be nec-
essary under this Act. The regulations implementing title
II and the provisions of title IV which affect United States
Forest Service shall be joint regulations issued by both Sec-
retaries.
(c) NOTICE.—Within 180 days after the date of enact-
ment of this Act, the Secretary shall give notice to holders
of mining claims and mill sites maintained under the gen-
eral mining laws as to the requirements of sections 104,
105, and 106.
Subtitle B—Miscellaneous
Provisions
SEC. 411. TRANSITIONAL RULES; SURFACE MANAGEMENT
REQUIREMENTS.
(a) NEW CLAIMS.—Notwithstanding any other provi-
sion of law, any mining claim for a locatable mineral on
lands subject to this Act located after the date of enactment
of this Act shall be subject to the requirements of title II.
(b) PREEXISTING CLAIMS.—(1) Notwithstanding any
other provision of law, any unpatented mining claim or
mill site located under the general mining laws before the
120
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 title II, except as provided
in paragraphs (2) and (3).
(2)(A) If a plan of operations had been approved for
mineral activities on any claim or site referred to in para-
graph (1) prior to the date of enactment this Act, for a
period of 5 years after the effective date of this Act mineral
activities at such claim or site shall be subject to such plan
of operations (or a modification or amendment thereto pre-
pared in accordance with the provisions of law applicable
prior to the enactment of this Act). During such 5-year pe-
riod, modifications of, or amendments to, any such plan
may be made in accordance with the provisions of law ap-
plicable prior to the enactment of this Act if such modifica-
tions or amendments are deemed minor by the Secretary
concerned. After such 5-year period the requirements of title
II shall apply, subject to the limitations of section 209. In
order to meet the requirements of title II, the person con-
ducting mineral activities under such plan of operations
(or modified or amended plan) shall apply for a modifica-
tion under section 203(f) and 204(f) no later than 3 years
after the date of enactment of this Act. For purposes of this
paragraph, any modification or amendment which extends
121
the area covered by the plan (except for incidental boundary
revisions) or which significantly increases the risk of ad-
verse effects on the environment shall not be subject to this
paragraph and shall be subject to other provisions of this
Act.
(B) During the 5-year period referred to in subpara-
graph (A) the provisions of section 404 (relating to inspec-
tion and monitoring) and section 407 (relating to enforce-
ment) shall apply on the basis of the surface management
requirements applicable to such plans of operations prior
to the effective date of this Act.
(C) Where an application for modification or amend-
ment of a plan of operations referred to in subparagraph
(A) has been timely submitted and an approved plan ex-
pires 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.
(3)(A) If a substantially complete application for ap-
proval of a plan of operations or for a modification of, or
amendment to, a plan of operations had been submitted by
November 3, 1993 and either a scoping document or an En-
vironmental Assessment prepared for purposes of compli-
ance with the National Environmental Policy Act of 1969
had been published with respect to such plan, modification,
122
or amendment before the date of the enactment of this Act
but the submitted plan of operations or modification or
amendment had not been approved for mineral activities
on any claim or site referred to in paragraph (1) prior
to such date of enactment, for a period of 5 years after the
effective date of this Act mineral activities at such claim
or site shall be subject to the provisions of law applicable
prior to the enactment of this Act. During such 5-year pe-
riod, subsequent modifications of, or amendments to, any
such plan may be made in accordance with the provisions
of law applicable prior to the enactment of this Act if such
subsequent modifications or amendments are deemed minor
by the Secretary concerned. After such 5-year period, the
requirements of title II shall apply, subject to the limita-
tions of section 209. For purposes of this paragraph, any
subsequent modification or amendment which extends the
area covered by the plan (except for incidental boundary
revisions) or which significantly increases the risk of ad-
verse effects on the environment shall not be subject to this
paragraph and shall be subject to other provisions of this
Act.
(B) In order to meet the requirements of title II, the
person conducting mineral activities under a plan of oper-
ations (or modified or amended plan referred to in subpara-
graph (A)) shall apply for a modification under section
123
203(f) and 204(f) no later than 3 years after the date of
enactment of this Act. During such 5-year period the provi-
sions of section 404 (relating to inspection and monitoring)
and section 407 (relating to enforcement) shall apply on
the basis of the surface management requirements applica-
ble to such plans of operations prior to the effective date
of this Act.
(C) Where an application for modification or amend-
ment of a plan of operations referred to in subparagraph
(A) has been timely submitted and an approved plan ex-
pires 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.
(4) If a notice or notice of intent had been filed with
the authorized officer in the applicable office of the Bureau
of Land Management or the United States Forest Service
(as provided for in the regulations of the Secretary of the
Interior or the Secretary of Agriculture, respectively, in ef-
fect prior to the date of enactment of this Act) prior to the
date of enactment this Act, mineral activities may continue
under such notice or notice of intent for a period of 2 years
after the effective date of this Act, after which time the re-
quirements of title II shall apply, subject to the limitations
of section 209(d)(2). In order to meet the requirements of
124
title II, the person conducting mineral activities under such
notice or notice of intent must apply for a permit under
section 203 or 204 no later than 18 months after the effec-
tive date of this Act, unless such mineral activities are con-
ducted pursuant to section 202(b). During such 2-year pe-
riod the provisions of section 404 (relating to inspection
and monitoring) and 407 (relating to enforcement) shall
apply on the basis of the surface management requirements
applicable to such notices prior to the effective date of this
Act.
SEC. 412. CLAIMS SUBJECT TO SPECIAL RULES.
(a) CERTAIN CLAIMS NOT CONVERTED.—Notwith-
standing any other provision of law, except as provided
under subsection (c), an unpatented mining claim referred
to in section 37 of the Mineral Leasing Act (30 U.S.C. 193)
shall not be converted under section 104 of this Act until
the Secretary determines that the claim was valid on the
date of enactment of the Mineral Leasing Act of 1920 and
has been maintained in compliance with the general mining
laws.
(b) CONTEST PROCEEDINGS.—As soon as practicable
after the date of enactment of this Act, the Secretary shall
initiate contest proceedings challenging the validity of all
unpatented claims referred to in subsection (a), including
those claims for which a patent application has not been
125
filed. If a claim is determined to be invalid, the Secretary
shall promptly declare the claim to be null and void. If,
as a result of such proceeding, a claim is determined valid,
the claim shall be converted and thereby become subject to
this Act’s provisions on the date of the completion of the
contest proceeding.
(c) OIL SHALE CLAIMS.—(1) The provisions of section
411 shall apply to oil shale claims referred to in section
2511(e)(2) of the Energy Policy Act of 1992 (Public Law
102–486).
(2) Section 2511(f) of the Energy Policy Act of 1992
(Public Law 102–486) is amended as follows:
(A) Strike ‘‘as prescribed by the Secretary’’.
(B) Insert the following before the period: ‘‘in the
same manner as if such claims were subject to title
II of the Mineral Exploration and Development Act
of 1993’’.
SEC. 413. PURCHASING POWER ADJUSTMENT.
The Secretary shall adjust all location fees, claim
maintenance rates, penalty amounts, and other dollar
amounts established in this Act for changes in the purchas-
ing power of the dollar every 10 years following the date
of enactment of this Act, employing the Consumer Price
Index for all-urban consumers published by the Department
of Labor as the basis for adjustment, and rounding accord-
126
ing to the adjustment process of conditions of the Federal
Civil Penalties Inflation Adjustment Act of 1990 (104 Stat.
890).
SEC. 414. SAVINGS CLAUSE.
(a) SPECIAL APPLICATION OF MINING LAWS.—Noth-
ing in this Act shall be construed as repealing or modifying
any Federal law, regulation, order or land use plan, in ef-
fect prior to the date of enactment of this Act that prohibits
or restricts the application of the general mining laws, in-
cluding laws that provide for special management criteria
for operations under the general mining laws as in effect
prior to the date of enactment of this Act, to the extent such
laws provide environmental protection greater than re-
quired under this Act, and any such prior law shall remain
in force and effect with respect to claims located (or pro-
posed to be located) or converted under this Act. Nothing
in this Act shall be construed as applying to or limiting
mineral investigations, studies, or other mineral activities
conducted by any Federal or State agency acting in its gov-
ernmental capacity pursuant to other authority.
(b) EFFECT ON OTHER FEDERAL LAWS.—The provi-
sions of this Act shall supersede the general mining laws,
but, except for the general mining laws, nothing in this Act
shall be construed as superseding, modifying, amending or
repealing any provision of Federal law not expressly super-
127
seded, modified, amended or repealed by this Act. Nothing
in this Act shall be construed as modifying or affecting any
provision of the Native American Graves Protection and
Repatriation Act (Public Law 101-601) or any provision
of the American Indian Religious Freedom Act (42 U.S.C.
1996).
(c) PROTECTION OF CONSERVATION AREAS.—In order
to protect the resources and values of National Conservation
System units, the Secretary, as appropriate, shall utilize
authority under this Act and other applicable law to the
fullest extent necessary to prevent mineral activities within
the boundaries of such units that could have an adverse im-
pact on the resources or values for which such units were
established.
SEC. 415. AVAILABILITY OF PUBLIC RECORDS.
Copies of records, reports, inspection materials or in-
formation obtained by the Secretary or the Secretary of Ag-
riculture under this Act shall be made immediately avail-
able to the public, consistent with section 552 of title 5 of
the United States Code, in central and sufficient locations
in the county, multi county, and State area of mineral ac-
tivity or reclamation so that such items are conveniently
available to residents in the area proposed or approved for
mineral activities.
128
SEC. 416. MISCELLANEOUS POWERS.
(a) IN GENERAL.—In carrying out his or her duties
under this Act, the Secretary, or for National Forest System
lands the Secretary of Agriculture, may conduct any inves-
tigation, inspection, or other inquiry necessary and appro-
priate and may conduct, after notice, any hearing or audit,
necessary and appropriate to carrying out his duties.
(b) ANCILLARY POWERS.—In connection with any
hearing, inquiry, investigation, or audit under this Act, the
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, is authorized to take any of the fol-
lowing actions:
(1) Require, by special or general order, any per-
son to submit in writing such affidavits and answers
to questions as the Secretary concerned may reason-
ably prescribe, which submission shall be made within
such reasonable period and under oath or otherwise,
as may be necessary.
(2) Administer oaths.
(3) Require by subpoena the attendance and tes-
timony of witnesses and the production of all books,
papers, records, documents, matter, and materials, as
such Secretary may request.
(4) Order testimony to be taken by deposition be-
fore any person who is designated by such Secretary
and who has the power to administer oaths, and to
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compel testimony and the production of evidence in
the same manner as authorized under paragraph (3)
of this subsection.
(5) Pay witnesses the same fees and mileage as
are paid in like circumstances in the courts of the
United States.
(c) ENFORCEMENT.—In cases of refusal to obey a sub-
poena served upon any person under this section, the dis-
trict court of the United States for any district in which
such person is found, resides, or transacts business, upon
application by the Attorney General at the request of the
Secretary concerned and after notice to such person, shall
have jurisdiction to issue an order requiring such person
to appear and produce documents before the Secretary con-
cerned. Any failure to obey such order of the court may
be punished by such court as contempt thereof and subject
to a penalty of up to $10,000 a day.
(d) ENTRY AND ACCESS.—Without advance notice and
upon presentation of appropriate credentials, the Secretary,
or for National Forest System lands the Secretary of Agri-
culture, or any authorized representative thereof—
(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;
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(2) may at reasonable times, and without delay,
have access to any copy any records, inspect any
monitoring equipment or method of operation re-
quired under this Act;
(3) may engage in any work and to do all things
necessary or expedient to implement and administer
the provisions of this Act;
(4) may, on any mining claim located or con-
verted under this Act, and without advance notice,
stop and inspect any motorized form of transpor-
tation that he has probable cause to believe is carry-
ing locatable minerals, concentrates, or products de-
rived therefrom from a claim site for the purpose of
determining whether the operator of such vehicle has
documentation related to such locatable minerals, con-
centrates, or products derived therefrom as required
by law, if such documentation is required under this
Act; and
(5) may, if accompanied by any appropriate law
enforcement officer, or an appropriate law enforce-
ment officer alone may stop and inspect any motor-
ized form of transportation which is not on a claim
site if he has probable cause to believe such vehicle is
carrying locatable minerals, concentrates, or products
derived therefrom from a claim site on Federal lands
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or allocated to such claim site. Such inspection shall
be for the purpose of determining whether the operator
of such vehicle has the documentation required by
law, if such documentation is required under this Act.
SEC. 417. LIMITATION ON PATENT ISSUANCE.
(a) MINING CLAIMS.—After January 5, 1993, no pat-
ent shall be issued by the United States for any mining
claim located under the general mining laws or under this
Act unless the Secretary determines that, for the claim con-
cerned—
(1) a patent application was filed with the Sec-
retary on or before January 5, 1993; and
(2) all requirements established under sections
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.
If the Secretary makes the determinations referred to in
paragraphs (1) and (2) for any mining claim, the holder
of the claim shall be entitled to the issuance of a patent
in the same manner and degree to which such claim holder
would have been entitled to prior to the enactment of this
Act, unless and until such determinations are withdrawn
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or invalidated by the Secretary or by a court of the United
States.
(b) MILL SITES.—After January 5, 1993, no patent
shall be issued by the United States for any mill site claim
located under the general mining laws unless the Secretary
determines that for the mill site concerned—
(1) a patent application for such land was filed
with the Secretary on or before January 5, 1993; and
(2) all requirements applicable to such patent
application were fully complied with by that date.
If the Secretary makes the determinations referred to in
paragraphs (1) and (2) for any mill site claim, the holder
of the claim shall be entitled to the issuance of a patent
in the same manner and degree to which such claim holder
would have been entitled to prior to the enactment of this
Act, unless and until such determinations are withdrawn
or invalidated by the Secretary or by a court of the United
States.
SEC. 418. MULTIPLE MINERAL DEVELOPMENT AND SUR-
FACE RESOURCES.
The provisions of sections 4 and 6 of the Act of August
13, 1954 (30 U.S.C. 524 and 526), commonly known as
the Multiple Minerals Development Act, and the provisions
of section 4 of the Act of July 23, 1955 (30 U.S.C. 612),
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shall apply to all mining claims located or converted under
this Act.
SEC. 419. MINERAL MATERIALS.
(a) DETERMINATIONS.—Section 3 of the Act of July
23, 1955 (30 U.S.C. 611), is amended as follows:
(1) Insert ‘‘(a)’’ before the first sentence.
(2) Insert ‘‘mineral materials, including but not
limited to’’ after ‘‘varieties of’’ in the first sentence.
(3) Strike ‘‘or cinders’’ and insert in lieu thereof
‘‘cinders, and clay’’.
(4) Add the following new subsection at the end
thereof:
‘‘(b)(1) Subject to valid existing rights, after the date
of enactment of the Mineral Exploration and Development
Act of 1993, notwithstanding the reference to common vari-
eties in subsection (a) and to the exception to such term
relating to a deposit of materials with some property giving
it distinct and special value, all deposits of mineral mate-
rials referred to in such subsection, including the block
pumice referred to in such subsection, shall be subject to
disposal only under the terms and conditions of the Mate-
rials 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 had some property giving it the dis-
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tinct and special value referred to in subsection (a), or as
the case may be, met the definition of block pumice referred
to in such subsection, was properly located and maintained
under the general mining laws prior to the date of enact-
ment of the Mineral Exploration and Development Act of
1993, and was supported by a discovery of a valuable min-
eral deposit within the meaning of the general mining laws
as in effect immediately prior to the date of enactment of
the Mineral Exploration and Development Act of 1993 and
that such claim continues to be valid under this Act.’’.
(b) MINERAL
MATERIALS
DISPOSAL
CLARIFICA-
TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C.
612), is amended as follows:
(1) In subsection (b) insert ‘‘and mineral mate-
rial’’ after ‘‘vegetative’’.
(2) In subsection (c) insert ‘‘and mineral mate-
rial’’ after ‘‘vegetative’’.
(c) CONFORMING AMENDMENT.—Section 1 of the Act
of July 31, 1947, entitled ‘‘An Act to provide for the dis-
posal of materials on the public lands of the United States’’
(30 U.S.C. 601 and following) is amended by striking
‘‘common varieties of’’ in the first sentence.
(d) SHORT TITLES.—
135
(1) SURFACE RESOURCES.—The Act of July 23,
1955, is amended by inserting after section 7 the fol-
lowing new section:
‘‘SEC. 8. This Act may be cited as the ‘Surface Re-
sources Act of 1955’.’’.
(2) MINERAL MATERIALS.—The Act of July 31,
1947, entitled ‘‘An Act to provide for the disposal of
materials on the public lands of the United States’’
(30 U.S.C. 601 and following) is amended by insert-
ing after section 4 the following new section:
‘‘SEC. 5. This Act may be cited as the ‘Materials Act
of 1947’.’’.
(e) REPEALS.—(1) Subject to valid existing rights, the
Act of August 4, 1892 (27 Stat. 348, 30 U.S.C. 161) com-
monly known as the Building Stone Act is hereby repealed.
(2) Subject to valid existing rights, the Act of January
31, 1901 (30 U.S.C. 162) commonly known as the Saline
Placer Act is hereby repealed.
SEC. 420. APPLICATION OF ACT TO BENEFICIATION AND
PROCESSING OF NONFEDERAL MINERALS ON
FEDERAL LANDS.
The provisions of this Act (including the surface man-
agement requirements of title II) shall apply in the same
manner and to the same extent to Federal lands used for
beneficiation or processing activities for any mineral with-
136
out regard to whether or not the legal and beneficial title
to the mineral is held by the United States. This section
applies only to minerals which are locatable minerals or
minerals which would be locatable minerals if the legal and
beneficial title to such minerals were held by the United
States.
SEC. 421. SEVERABILITY.
If any provision of this Act or the applicability thereof
to any person or circumstances is held invalid, the remain-
der of this Act and the application of such provision to
other persons or circumstances shall not be affected thereby.
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