(e) WAIVER.—(1) The claim maintenance fee re-
quired under this section may be waived for a claim holder
who certifies in writing to the Secretary that on the date
the payment was due, the claim holder and all related par-
ties held not more than 10 mining claims on lands open
to location. Such certification shall be made on or before
the date on which payment is due.
(2) For purposes of paragraph (1), with respect to
any claim holder, the term ‘‘related party’’ means each
of the following:
(A) The spouse and dependent children (as de-
fined in section 152 of the Internal Revenue Code of
1986), of the claim holder.
(B) Any affiliate of the claim holder.
(f) CO-OWNERSHIP.—Upon the failure of any one or
more of several co-owners to contribute such co-owner or
owners’ portion of the fee under this section, any co-owner
who has paid such fee may, after the payment due date,
give the delinquent co-owner or owners notice of such fail-
ure in writing (or by publication in the newspaper nearest
the claim for at least once a week for at least 90 days).
If at the expiration of 90 days after such notice in writing
or by publication, any delinquent co-owner fails or refuses
to contribute his portion, his interest in the claim shall
become the property of the co-owners who have paid the
required fee.
(g) FUND.—All monies received under this section
shall be deposited in the Abandoned Locatable Minerals
Mine Reclamation Fund established under subtitle C of
this title.
(h) CREDIT AGAINST ROYALTY.—The amount of the
annual claim maintenance fee required to be paid under
this section for any claim for any period shall be credited
against the amount of royalty required to be paid under
section 236 for the same period with respect to that claim.
SEC. 208. FAILURE TO COMPLY.
(a) FORFEITURE.—The failure of the claim holder to
file the notice of location, to pay the location fee, or to
pay the claim maintenance fee for a mining claim as re-
quired by this subtitle shall be deemed conclusively to con-
stitute forfeiture of the mining claim by operation of law.
Forfeiture shall not relieve any person of any obligation
created under this title, including reclamation.
(b) PROHIBITION.—No claim holder may locate a new
claim on the lands such claim holder included in a for-
feited claim for 1 year from the date such claim is deemed
forfeited.
(c) RELINQUISHMENT.—A claim holder deciding not
to pursue mineral activities on a claim may relinquish such
claim by notifying the Secretary. A claim holder relin-
quishing a claim is responsible for reclamation as required
by section 217 of this title and all other applicable require-
ments. A claim holder who relinquishes a claim shall not
be subject to the prohibition of subsection (b) of this sec-
tion unless the Secretary determines that the claim is
being relinquished and relocated for the purpose of avoid-
ing compliance with any provision of this title, including
payment of the claim maintenance fee.
SEC. 209. BASIS FOR CONTEST.
(a) DISCOVERY.—(1) After the effective date of this
title, a mining claim may not be contested or challenged
on the basis of discovery under the general mining laws,
except as follows:
(A) Any claim located before the effective date
of this title may be contested by the United States
on the basis of discovery under the general mining
laws as in effect prior to the effective date of this
title if such claim is located within any National
Conservation System unit, or within any area re-
ferred to in section 203(b).
(B) Any mining claim located before the effec-
tive date of this title may be contested by the United
States on the basis of discovery under the general
mining laws as in effect prior to the effective date
of this title if such claim was located for a mineral
material that purportedly has a property giving it
distinct and special value within the meaning of sec-
tion 3(a) of the Act of July 23, 1955 (as in effect
prior to the date of enactment of this Act), or if
such claim was located for a mineral that was not
locatable under the general mining laws before the
effective date of this title.
(2) The Secretary may initiate contest proceedings
against those mining claims referred to in paragraph (1)
at any time, except that nothing in this subsection may
be construed as requiring the Secretary to inquire into,
or contest, the validity of a mining claim for the purpose
of the conversion referred to in section 206, except as pro-
vided in section 252.
(3) Nothing in this subsection may be construed as
limiting any contest proceedings initiated by the United
States on issues other than discovery, or any contest pro-
ceedings filed before the effective date of this title.
(4) Any contest proceeding initiated pursuant to
paragraph (1) shall determine whether the mining claim
or claims subject to such proceeding supported a discovery
of a valuable mineral deposit within the meaning of the
general mining laws on the effective date of this title.
(b) CONTINUED SUFFICIENCY OF MINING CLAIM.—
(1) At any time, upon request of the Secretary, the claim
holder shall demonstrate that the continued retention of
a mining claim located or converted under this title is ex-
clusively related to mineral activities at the site.
(2) Where the Secretary requests demonstration of
the continuing sufficiency of any mining claim under this
section, the claim holder shall have the burden of showing
each of the following:
(A) The lands or interests in lands included in
the mining claim are not used predominantly for rec-
reational, residential or other purposes rather than
for mineral activities and are being held in good
faith for the ultimate exploration for, development
of, or production of locatable minerals, as dem-
onstrated by the claim holder or his or her assigns
through showings satisfactory to the Secretary.
(B) The claim holder or operator does not re-
strict access to the lands or interests in lands in-
cluded in the mining claim in a manner that is not
required for mineral activities.
(C) The mineral being or to be mined on the
mining claim is a locatable mineral (unless such
lands are used for beneficiation or processing).
(D) The claim holder or operator has not con-
structed, improved, maintained or used a structure
located on a mining claim in a manner not specifi-
cally authorized by the Secretary in accordance with
this title.
(3) Any mining claim for which the claim holder fails
to demonstrate continued sufficiency, in the determination
of the Secretary, pursuant to subsection (b) of this section,
shall thereupon be deemed forfeited and be declared null
and void.
(c) REMEDIES.—(1) The Secretary may assess a civil
penalty of not more than $5,000 per claim against the
claim holder upon declaring a mining claim null and void
pursuant to subsection (b) of this section.
(2) Upon declaring a mining claim null and void pur-
suant to subsection (b), the Secretary shall provide a rea-
sonable opportunity for the mining claim holder or opera-
tor to remove any real or personal property which such
person had previously placed upon the claim. If the prop-
erty is not removed within the time provided, the Sec-
retary may retain the property or provide for its disposi-
tion or destruction.
(d) OTHER LAW.—The Secretary shall take such ac-
tions as may be necessary to ensure the compliance by
claim holders with section 4 of the Act of July 23, 1955
(30 U.S.C. 612), consistent with this section.
Subtitle B—Environmental Consid-
erations of Mineral Exploration
and Development
SEC. 211. SURFACE MANAGEMENT STANDARD.
Notwithstanding the last sentence of section 302(b)
of the Federal Land Policy and Management Act of 1976,
and in accordance with this subtitle and other applicable
law, the Secretary, and for National Forest System lands
the Secretary of Agriculture, shall require that mineral ac-
tivities on Federal lands conducted by any person mini-
mize adverse impacts to the environment.
SEC. 212. PERMITS.
(a) PERMITS REQUIRED.—No person may engage in
mineral activities on Federal lands that may cause a dis-
turbance of surface resources, including but not limited
to, land, air, ground water and surface water, fish, wild-
life, and biota unless—
(1) the claim was properly located or converted
under this title and properly maintained; and
(2) a permit was issued to such person under
this subtitle authorizing such activities.
(b) NEGLIGIBLE DISTURBANCE.—Notwithstanding
subsection (a)(2), a permit under this subtitle shall not
be required for mineral activities related to exploration,
or gathering of data, required to comply with section 213
or 214 that cause a negligible disturbance of surface re-
sources and do not involve any of the following:
(1) The use of mechanized earth moving equip-
ment, suction dredging, explosives.
(2) The use of motor vehicles in areas closed to
off-road vehicles.
(3) The construction of roads, drill pads, or the
use of toxic or hazardous materials.
Persons engaging in such activities shall provide prior
written notice. The Secretary and the Secretary of Agri-
culture may provide, by joint regulations the manner in
which such notice shall be provided.
(c) WAIVER OF THE SOVEREIGN IMMUNITY OF IN-
DIAN TRIBES.—The Secretary is authorized to require In-
dian tribes to waive sovereign immunity as a condition of
obtaining a permit under this title.
SEC. 213. EXPLORATION PERMITS.
(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
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, such documenta-
tion as necessary to ensure compliance with applicable
Federal and State environmental laws and regulations,
and each of the following:
(1) The name, mailing address, and social secu-
rity number or tax identification number, as applica-
ble, of each of the following:
(A) The applicant for the permit and any
agent of the applicant.
(B) The operator (if different than the ap-
plicant) of the claim concerned.
(C) Each claim holder (if different than
the applicant) of the claim concerned.
(2) A statement of whether any person referred
to in subparagraphs (A) through (C) of paragraph
(1) is currently in violation of, or was, during the 3-
year period preceding the date of the application,
found to be in violation of, any of the following and,
if so, a brief explanation of the facts involved, in-
cluding identification of the site and nature of the
violation:
(A) Any provision of this title or any regu-
lation under this title.
(B) Any applicable toxic substance, solid
waste, air, water quality, or fish and wildlife
conservation law or regulation at any site where
mining, beneficiation, or processing activities
are occurring or have occurred.
(C) The Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1201 and fol-
lowing) or any regulation under that Act at any
site where surface coal mining operations have
occurred or are occurring.
(3) A description of the type and method of ex-
ploration activities proposed, the engineering tech-
niques proposed to be used and the equipment pro-
posed to be used.
(4) The anticipated starting and termination
dates of each phase of the exploration activities pro-
posed, including any planned temporary cessation of
exploration.
(5) A map, to an appropriate scale, clearly
showing the land to be affected by the proposed ex-
ploration.
(6) Information determined necessary by the
Secretary concerned to assess the cumulative im-
pacts, as required to comply with the National Envi-
ronmental Policy Act of 1969.
(7) Evidence of appropriate financial assurance
as specified in section 216.
(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 and each of the following:
(1) A description of the condition of the land,
including the fish and wildlife resources and habitat
contained thereon, subject to the permit prior to the
commencement of any exploration activities.
(2) A description of reclamation measures pro-
posed pursuant to the requirements of section 217.
(3) The engineering techniques to be used in
reclamation and the equipment proposed to be used.
(4) The anticipated starting and termination
dates of each phase of the reclamation proposed.
(5) A description of the proposed condition of
the land, including the fish and wildlife resources
and habitat contained thereon, following the comple-
tion of reclamation.
(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 if such Secretary makes
each of the following determinations, and such Secretary
shall deny a permit which he or she finds does not fully
meet the requirements of this subsection:
(1) The permit application, the exploration plan
and reclamation plan are complete and accurate.
(2) The applicant has demonstrated that pro-
posed 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 conform with
the land use plan applicable to the area subject to
mineral activities.
(4) The area subject to the proposed permit is
not included within an area designated unsuitable
under section 219 or not open to location under sec-
tion 203(b) for the types of exploration activities
proposed.
(5) The applicant has demonstrated that the
exploration plan and reclamation plan will be in
compliance with the requirements of this title and all
other applicable Federal requirements, and any
State requirements agreed to by the Secretary of the
Interior (or Secretary of Agriculture, as appropriate)
pursuant to a cooperative agreement under section
218.
(6) The applicant has fully complied with the
requirements of section 216 (relating to financial as-
surance).
(e) TERM OF PERMIT.—An exploration permit shall
be for a stated term. The term shall be no greater than
that necessary to accomplish the proposed exploration,
and in no case for more than 5 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) FEES.—Each application for a permit pursuant
to this section shall be accompanied by a fee payable to
the Secretary of the Interior in such amount as may be
established by the Secretary of the Interior. Such amount
shall be equal to the actual or anticipated cost to the Sec-
retary or the Secretary of Agriculture, as the case may
be, of reviewing, administering, and enforcing such permit,
as determined by such Secretary. All moneys received
under this subsection shall be deposited in the Abandoned
Locatable Minerals Mine Reclamation Fund established
under subtitle C of this title.
(h) 
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 may 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 215;
(B) has submitted evidence of financial assur-
ance satisfactory under section 216; 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 title, 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. All moneys re-
ceived under this subsection shall be deposited in the
Abandoned Locatable Minerals Mine Reclamation Fund
established under subtitle C of this title.
SEC. 214. OPERATIONS PERMIT.
(a) OPERATIONS PERMIT.—Any claim holder may
apply to the Secretary, or for National Forest System
lands, the Secretary of Agriculture, for an operations per-
mit authorizing the claim holder to carry out mineral ac-
tivities on Federal lands. The permit shall include such
terms and conditions as prescribed by such Secretary to
carry out this subtitle.
(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 an operations plan, a reclama-
tion plan, such documentation as necessary to ensure com-
pliance with applicable Federal and State environmental
laws and regulations, and each of the following:
(1) The name, mailing address, and social secu-
rity number or tax identification number, as applica-
ble, of each of the following:
(A) The applicant for the permit and any
agent of the applicant.
(B) The operator (if different than the ap-
plicant) at the claim concerned.
(C) Each claim holder (if different than
the applicant) of the claim concerned.
(D) Each affiliate and each officer or di-
rector of the applicant.
(2) A statement of whether a person referred to
in subparagraphs (A) through (D) of paragraph (1)
is currently in violation of, or was, during the 3-year
period preceding the date of application, found to be
in violation of, any of the following and if so, a brief
explanation of the facts involved, including identi-
fication of the site and the nature of the violation:
(A) Any provision of this title or any regu-
lation under this title.
(B) Any applicable toxic substance, solid
waste, air, water quality, or fish and wildlife
conservation law or regulation at any site where
mining, beneficiation, or processing activities
are occurring or have occurred.
(C) The Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1201 and fol-
lowing) or any regulation under that Act at any
site where surface coal mining operations have
occurred or are occurring.
(3) A statement of any current or previous per-
mits or plans of operations issued under the Surface
Mining Control and Reclamation Act or the Federal
Land Policy and Management Act of 1976.
(4) A description of the type and method of
mineral activities proposed, the engineering tech-
niques proposed to be used and the equipment pro-
posed to be used.
(5) The anticipated starting and termination
dates of each phase of the mineral activities pro-
posed, including any planned temporary cessation of
operations.
(6) Maps, to an appropriate scale, clearly show-
ing the lands, watersheds, and surface waters, to be
affected by the proposed mineral activities; surface
and mineral ownership; facilities, including roads
and other man-made structures; proposed disturb-
ances; soils and vegetation; topography; and water
supply intakes and surface water bodies.
(7) A description of the biological resources in
or associated with the area subject to mineral activi-
ties, including vegetation, fish and wildlife, riparian
and wetland habitats.
(8) A description of measures planned to ex-
clude fish and wildlife resources from the area sub-
ject to mineral activities by covering, containment,
or fencing of open waters, beneficiation, and process-
ing materials; or maintenance of all facilities in a
condition that is not harmful to fish and wildlife.
(9) A description of the quantity and quality of
surface and ground water resources in or associated
with the area subject to mineral activities, based on
pre-disturbance monitoring sufficient to establish
seasonal variations.
(10) An analysis of the probable hydrologic con-
sequences of the mineral activities, both on and off
the area subject to mineral activities, with respect to
the hydrologic regime, quantity and quality of water
in surface and ground water systems including the
dissolved and suspended solids under seasonal flow
conditions and the collection of sufficient data for
the mine site and surrounding areas so that an as-
sessment can be made by the Secretary concerned of
the probable cumulative impacts of the anticipated
mineral activities in the area upon the hydrology of
the area and particularly upon water availability.
(11) A description of the monitoring systems to
be used to detect and determine whether compliance
has and is occurring consistent with the surface
management requirements and to monitor the ef-
fects of mineral activities on the site and surround-
ing environment, including but not limited to,
ground water, surface water, air, soils, and fish and
wildlife resources.
(12) Accident contingency plans that include,
but are not limited to, immediate response strategies
and corrective measures to mitigate environmental
impacts and appropriate insurance to cover accident
contingencies.
(13) Any measures to comply with any condi-
tions on minerals activities that may be required in
the applicable land use plan or any condition stipu-
lated pursuant to section 219.
(14) Information determined necessary by the
Secretary concerned to assess the cumulative im-
pacts of mineral activities, as required to comply
with the National Environmental Policy Act of 1969.
(15) Such other environmental baseline data as
the Secretaries, by joint regulation, shall require suf-
ficient to validate the determinations required for is-
suance of a permit under this title.
(16) Evidence of appropriate financial assur-
ance as specified in section 216.
(17) A description of the site security provisions
designed to protect from theft the locatable min-
erals, concentrates or products derived therefrom
which will be produced or stored on a mining claim.
(18) A full characterization of soils and geology
in the area to be affected by mineral activities.
(19) A copy of the applicant’s advertisement to
be published as required by section 243 (relating to
public participation).
(c) RECLAMATION PLAN APPLICATION REQUIRE-
MENTS.—The reclamation plan referred to in subsection
(b) shall include such reclamation measures as prescribed
by the Secretary, or for National Forest System lands the
Secretary of Agriculture, and each of the following:
(1) A description of the condition of the land,
including the fish and wildlife resources and habitat
contained thereon, subject to the permit prior to the
commencement of any mineral activities.
(2) A description of reclamation measures pro-
posed pursuant to the requirements of section 217.
(3) The engineering techniques to be used in
reclamation and the equipment proposed to be used.
(4) The anticipated starting and termination
dates of each phase of the reclamation proposed.
(5) A description of the proposed condition of
the land, including the fish and wildlife resources
and habitat contained thereon, following the comple-
tion of reclamation.
(6) A description of the maintenance measures
that will be necessary to meet the surface manage-
ment requirements of this title, such as, but not lim-
ited to, drainage water treatment facilities, or liner
maintenance and control.
not open to location for the types of mineral activi-
ties proposed.
(E) The applicant has demonstrated that the
mineral activities will be in compliance with this title
and all other applicable Federal requirements, and
any State requirements agreed to by the appropriate
Secretary pursuant to cooperative agreements under
section 218.
(F) The assessment of the probable cumulative
impact of all anticipated mining in the area on the
hydrologic balance specified in subsection (b)(10)
has been made and the proposed operation has been
designed to minimize disturbances to the prevailing
hydrologic balance of the permit area.
(G) The applicant has fully complied with the
requirements of section 216 (relating to financial as-
surance).
(2) Issuance of an operations permit under this sec-
tion shall be based on information supplied by the appli-
cant or other interested parties and the applicant shall
have the burden of establishing that the application com-
plies with paragraph (1).
(3) With respect to any activities specified in the rec-
lamation plan referred to in subsection (b) which con-
stitute a removal or remedial action under section 101 of
the Comprehensive Environmental Response, Compensa-
tion and Liability Act of 1980, the Secretary shall consult
with the Administrator of the Environmental Protection
Agency prior to the issuance of an operating permit. To
the extent practicable, the Administrator shall ensure that
the reclamation plan does not require activities which
would increase the costs or likelihood of removal or reme-
dial actions under Comprehensive Environmental Re-
sponse, Compensation and Liability Act of 1980 or correc-
tive actions under the Solid Waste Disposal Act.
(e) TERM OF PERMIT; RENEWAL.—(1) An operations
permit shall be for a stated term. The term shall be no
greater than that necessary to accomplish the proposed
mineral activities subject to the permit, and in no case
for more than 10 years, unless the applicant demonstrates
to the satisfaction of the Secretary, or for National Forest
System lands the Secretary of Agriculture, that a specified
longer term is reasonably needed for such mineral activi-
ties.
(2) Failure by the operator to commence mineral ac-
tivities within one year of the date scheduled in an oper-
ations permit shall require a modification of the permit
unless the Secretary concerned determines that the delay
was beyond the control of the applicant.
(3) An operations permit shall carry with it the right
of successive renewal upon expiration only with respect to
operations on areas within the boundaries of the existing
permit as issued. A renewal of such permit shall not be
issued if such Secretary determines, in writing, any of the
following:
(A) The terms and conditions of the existing
permit are not being met.
(B) The operator has not demonstrated that
the financial assurance would continue to apply in
full force and effect for the renewal term.
(C) Any additional revised or updated informa-
tion required by the Secretary concerned has not
been provided.
(D) The applicant has not demonstrated that
the mineral activities will be in compliance with the
requirements of all other applicable Federal require-
ments, and any State requirements agreed to by the
Secretary concerned pursuant to cooperative agree-
ments under section 218.
(4) A renewal of an operations permit shall be for
a term of 10 years or for such additional term as the Sec-
retary concerned deems appropriate. Application for re-
newal shall be made at least one year prior to the expira-
tion of the existing permit. Where a renewal application
has been timely submitted and a permit expires prior to
Secretarial action on the renewal application, reclamation
shall and other mineral activities may continue in accord-
ance with the terms of the expired permit until the Sec-
retary concerned makes a decision on the renewal applica-
tion.
(f) PERMIT MODIFICATION.—(1) During the term of
an operations permit the operator may submit an applica-
tion to modify the permit (including the operations plan
or reclamation plan, or both). To approve a proposed
modification, the Secretary, or for National Forest System
lands the Secretary of Agriculture, shall make the same
determinations as are required in the case of an original
operations permit, except that the Secretaries may estab-
lish joint rules regarding the extent to which requirements
for original permits under this section shall apply to appli-
cations to modify a permit based on whether such modi-
fications are deemed significant or minor. Such rules shall
provide that all requirements applicable to a new permit
shall apply to any extension of the area covered by the
permit (except for incidental boundary revisions).
(2) The Secretary, or for National Forest System
lands the Secretary of Agriculture, may, at any time, re-
quire reasonable modification to any operations plan or
reclamation plan upon a determination that the require-
ments of this title cannot be met if the plan is followed
as approved. Such determination shall be based on a writ-
ten finding and subject to notice and hearing requirements
established by the Secretary concerned.
(g) TEMPORARY CESSATION OF OPERATIONS.—(1)
No operator conducting mineral activities under an oper-
ations permit in effect under this subtitle may temporarily
cease mineral activities for a period of 180 days or more
under an operations permit unless the Secretary concerned
has approved such temporary cessation or unless the tem-
porary cessation is permitted under the original permit.
Any operator temporarily ceasing mineral activities for a
period of 180 days or more under an existing operations
permit shall submit, before the expiration of such 180-day
period, a complete application for temporary cessation of
operations to the Secretary concerned for approval unless
the temporary cessation is permitted under the original
permit.
(2) An application for approval of temporary ces-
sation of operations shall include such provisions as pre-
scribed by the Secretary concerned, including but not lim-
ited to the steps that shall be taken during the cessation
of operations period to minimize impacts on the environ-
ment. After receipt of a complete application for tem-
porary cessation of operations such Secretary shall con-
duct an inspection of the area for which temporary ces-
sation 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-
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.
(h) PERMIT REVIEWS.—The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture,
shall review each permit issued under this section every
3 years during the term of such permit and, based upon
a written finding, such Secretary may require the operator
to take such actions as the Secretary deems necessary to
assure that mineral activities conform to the permit, in-
cluding adjustment of financial assurance requirements.
(i) FEES.—Each application for a permit pursuant
to this section 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 for
National Forest System lands the Secretary of Agri-
culture, of reviewing, administering, and enforcing such
permit, as determined by the Secretary of the Interior. All
moneys received under this subsection shall be deposited
in the Abandoned Locatable Minerals Mine Reclamation
Fund established under subtitle C of this title.
(j) TRANSFER, ASSIGNMENT, OR SALE OF RIGHTS.—
(1) No transfer, assignment, or sale of rights granted by
a permit under this section shall be made without the prior
written approval of the Secretary, or for National Forest
System lands the Secretary of Agriculture.
(2) The Secretary, or for National Forest System
lands the Secretary of Agriculture, may allow a person
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) is eligible to receive a permit in accordance
with section 215;
(B) has submitted evidence of financial assur-
ance satisfactory under section 216; 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 title, 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 of reviewing and approving or disapproving such
transfer, assignment, or sale, as determined by the Sec-
retary of the Interior. All moneys received under this sub-
section shall be deposited in the Abandoned Locatable
Minerals Mine Reclamation Fund established under sub-
title C of this title.
SEC. 215. PERSONS INELIGIBLE FOR PERMITS.
(a) CURRENT VIOLATIONS.—Unless corrective action
has been taken in accordance with subsection (c), no per-
mit under this subtitle 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 title or any regulation
under this title.
(2) An applicable toxic substance, solid waste,
air, water quality, or fish and wildlife conservation
law or regulation at any site 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 and following) 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 exploration permit or 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 subtitle if the appli-
cant submits proof that the violation referred to in sub-
section (a) or (b) has been corrected or is in the process
of being corrected to the satisfaction of such Secretary or
if the applicant submits proof that the violator has filed
and is presently pursuing, a direct administrative or judi-
cial appeal to contest the existence of the violation. For
purposes of this section, an appeal of any applicant’s rela-
tionship to an affiliate shall not constitute a direct admin-
istrative or judicial appeal to contest 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 title may be issued to any applicant if there
is a demonstrated pattern of willful violations of the sur-
face management requirements of this title by the appli-
cant, any affiliate of the applicant, or the operator or
claim holder if different than the applicant, and such vio-
lations are of such nature and duration, and with such
resulting irreparable damage to the environment, as to
clearly indicate an intent not to comply with the surface
management requirements.
SEC. 216. FINANCIAL ASSURANCE.
(a) FINANCIAL ASSURANCE REQUIRED.—(1) Before
any permit is issued under this subtitle, 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 on a form pre-
scribed and furnished by such Secretary and conditional
upon faithful performance of such permit and all other
requirements of this title. The financial assurance shall
be provided in the form of a surety bond, trust fund, let-
ters of credits, government securities, cash or equivalent.
(2) The financial assurance shall cover all lands with-
in the initial permit area and shall be extended to cover
all lands added pursuant to any permit modification made
under section 213(f), section 214(f), or section 214(h).
The financial assurance shall cover all lands to be affected
by mineral activities as described and depicted in the per-
mit application.
(b) AMOUNT.—The amount of the financial assur-
ance required under this section shall be sufficient to as-
sure the completion of reclamation satisfying the require-
ments of this title if the work were to be performed by
the Secretary concerned in the event of forfeiture. The cal-
culation of such amount shall take into account the maxi-
mum level of financial exposure which shall arise during
the mineral activity.
(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 revegetation as specified
under subsection 217(b)(6)(B), and effluent treatment as
specified 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 214(h), but the financial
assurance must otherwise be in compliance with this sec-
tion. The Secretary concerned shall specify periodic times,
or set a schedule, for reevaluating or adjusting the amount
of financial assurance.
(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 covered
by the financial assurance has been accomplished as
required by this title.
(2) A determination that the operator has de-
clared that the terms and conditions of any other
applicable Federal requirements, and State require-
ments applicable pursuant to cooperative agreements
under section 218, have been fulfilled.
(f) RELEASE SCHEDULE.—The release referred to in
subsection (e) shall be according to the following schedule:
the applicable effluent limitations, the financial assurance
shall include the estimated cost of maintaining such treat-
ment for the projected period that will be needed after
the cessation of mineral activities. The portion of the fi-
nancial assurance attributable to such estimated cost of
treatment shall not be released until the discharge has
ceased, or, if the discharge continues, until the operator
has met all applicable effluent limitations and water qual-
ity standards for 5 full years without treatment.
(h) ENVIRONMENTAL HAZARDS.—If the Secretary,
or for National Forest System lands the Secretary of Agri-
culture, determines, after final release of financial assur-
ance, that an environmental hazard resulting from the
mineral activities exists, or the terms and conditions of
the operations permit of this title were not fulfilled in fact
at the time of release, such Secretary shall issue an order
under section 247 requiring the claimholder or operator
(or any person who controls the claimholder or operator)
to correct the condition.
SEC. 217. RECLAMATION.
(a) GENERAL RULE.—(1) Except as provided under
paragraphs (5) and (7) of subsection (b), the operator
shall restore lands subject to mineral activities carried out
under a permit issued under this subtitle to a condition
capable of supporting—
(A) the uses, including fish and wildlife habitat
uses, which such lands were capable of supporting
prior to surface disturbance by the operator, 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 Sec-
retary of Agriculture.
(2) Reclamation shall proceed as contemporaneously
as practicable with the conduct of mineral activities and
shall use, with respect to this subsection and subsection
(b), the best technology currently available. To the extent
practicable, reclamation shall be conducted in a manner
that does not increase the costs or likelihood of a removal
or remedial action under section 101 of the Comprehensive
Environmental Response, Compensation and Liability Act
of 1980 or a corrective action under the Solid Waste Dis-
posal Act.
(b) RECLAMATION STANDARDS.—Mineral activities
shall be conducted in accordance with the following stand-
ards; as well as any additional standards the Secretaries
may jointly promulgate under section 211 and subsection
(a) of this section to address specific environmental im-
pacts of selected methods of mining:
(1) SOILS.—(A) Soils, including top soils and
subsoils removed from lands subject to mineral ac-
tivities shall be segregated from waste material and
protected for later use in reclamation. If such soil is
not replaced on a backfill area within a time-frame
short enough to avoid deterioration of the topsoil,
vegetative cover or other means shall be used so that
the soil is preserved from wind and water erosion,
remains free of contamination by acid or other toxic
material, and is in a usable condition for sustaining
vegetation when restored during reclamation.
(B) In the event the topsoil from lands subject
to mineral activities is of insufficient quantity or of
inferior quality for sustaining vegetation, and other
suitable growth media removed from the lands sub-
ject to the mineral activities are available that shall
support vegetation, the best available growth me-
dium shall be removed, segregated and preserved in
a like manner as under subparagraph (A) for sus-
taining vegetation when restored during reclamation.
(C) In the event the soil (other than topsoil)
from lands subject to mineral activities is of insuffi-
cient quantity or of inferior quality for sustaining
vegetation, and other suitable growth media removed
from the lands subject to the mineral activities are
available that support revegetation, these substitute
materials shall be removed, segregated or preserved
in a like manner as under subparagraph (A) for
later use in reclamation.
(D) Mineral activities shall be conducted to pre-
vent contamination of soils to the extent possible
using the best technology currently available. If con-
tamination occurs, the operator shall decontaminate
or dispose of any contaminated soils which have re-
sulted from the mineral activities.
(2) STABILIZATION.—All surface areas subject
to mineral activities, including segregated soils or
other growth medium, waste material piles, ore piles,
subgrade ore piles, and open or partially backfilled
mine pits which meet the requirements of paragraph
(5) shall be stabilized and protected during mineral
activities so as to effectively control fugitive dust
and erosion and otherwise comply with toxic sub-
stance, solid waste, air and water pollution control
laws and other environmental laws.
(3) SEDIMENTS, EROSION, AND
DRAINAGE.—
Facilities such as but not limited to basins, ditches,
stream bank stabilization, diversions or other meas-
ures, shall be designed, constructed and maintained
where necessary to control sediments, erosion, and
drainage of the area subject to mineral activities.
(4) HYDROLOGIC
BALANCE.—(A) Mineral ac-
tivities shall be conducted to minimize disturbances
to the prevailing hydrologic balance of the permit
area and surrounding watershed existing prior to the
mineral activities in the permit area and in the sur-
rounding watershed, as established by the baseline
information 
provided 
pursuant 
to 
section
214(b)(10). Hydrologic balance includes the quality
and quantity of ground water and surface water and
their interrelationships, including recharge and dis-
charge rates. In all cases, the operator shall comply
with Federal and State laws related to the quality
and quantity of such waters.
(B) Mineral activities shall be conducted using
the technology standard referred to in subsection
(a)(2) to prevent where possible the formation of
acidic, toxic or other contaminated water. Where the
formation of acidic, toxic or other contaminated
water occurs despite the use of such technology
standard, mineral activities shall be conducted using
such technology so as to minimize the formation of
acidic, toxic or other contaminated water.
(C) Mineral activities shall prevent any con-
tamination of surface and ground water with acid or
other toxic mine pollutants and shall prevent or re-
move water from contact with acid or toxic produc-
ing deposits.
(D) Reclamation shall restore approximate hy-
drologic balance existing prior to the mineral activi-
ties.
(E) Where the quality of surface water or
ground water used for domestic, municipal, agricul-
tural, or industrial purposes is adversely impacted
by mineral activities, such water shall be treated, or
replaced with the same quantity and approximate
quality of water, comparable to premining conditions
as established in paragraph (10) of section 214(b).
(5) SURFACE RESTORATION.—(A) The surface
area disturbed by mineral activities shall be shaped,
graded, and contoured to its natural topography.
Backfilling of an open pit mine shall be required
only if the Secretary, or for National Forest System
lands the Secretary of Agriculture, finds that such
open pit or partially backfilled, graded, or contoured
pit would pose a significant threat to the public
health safety or have a significant adverse effect on
the environment in terms of surface water or
groundwater pollution.
(B) In instances where complete backfilling of
an open pit is not required, the pit shall be graded
to blend with the surrounding topography as much
as practicable and revegetated in accordance with
paragraph (6).
(6) VEGETATION.—(A) The area subject to
mineral activities shall be vegetated in order to es-
tablish a diverse, effective and permanent vegetative
cover of the same seasonal variety native to the area
subject to mineral activities, capable of self-regen-
eration and plant succession and at least equal in
extent of cover to the natural revegetation of the
surrounding area, except that introduced species
may be used at the discretion of the Secretary, or
for National Forest System lands the Secretary of
Agriculture, in consultation with the Director, Fish
and Wildlife Service, if such introduction of such
species is necessary as an interim step in, and is
part of a program to restore a native plant commu-
nity. In such instances where the complete backfill
of an open mine pit is not required under paragraph
(5), such Secretary shall prescribe such vegetation
requirements as conform to the applicable land use
plan.
(B) In order to insure compliance with subpara-
graph (A), the period for determining successful re-
vegetation shall be for a period of 5 full years after
the last year of augmented seeding, fertilizing, irri-
gation or other work, except that such period shall
be 10 full years where the annual average precipita-
tion is 26 inches or less. The period may be for a
longer time at the discretion of the Secretary con-
cerned where the average precipitation is 26 inches
or less.
(7) EXCESS WASTE.—(A) Waste material in ex-
cess of that required to comply with paragraph (5)
shall be transported and placed in approved areas,
in a controlled manner in such a way so as to assure
long-term mass stability, to prevent mass movement
and to facilitate reclamation. In addition to the
measures described under paragraph (3), internal
drainage systems shall be employed, as may be re-
quired, to control erosion and drainage. The design
of such excess waste material piles shall be certified
by a qualified professional engineer.
(B) Excess waste material piles shall be graded
and contoured to blend with the surrounding topog-
raphy as much as practicable and revegetated in ac-
cordance with paragraph (6).
(8) SEALING.—All drill holes, and openings on
the surface associated with underground mineral ac-
tivities, shall be backfilled, sealed or otherwise con-
trolled when no longer needed for the conduct of
mineral activities to ensure protection of the public
and the environment, and management of fish and
wildlife and livestock.
(9) STRUCTURES.—All buildings, structures or
equipment constructed, used or improved during
mineral activities shall be removed, unless the Sec-
retary concerned in consultation with the affected
land managing agency, determines that use of the
buildings, structures or equipment would be consist-
ent with subsection (a) or for environmental mon-
itoring and the Secretary concerned takes ownership
of such structures.
(10) FISH AND WILDLIFE.—Fish and wildlife
habitat in areas subject to mineral activities shall be
restored in a manner commensurate with or superior
to habitat conditions which existed prior to the min-
eral activities, including such conditions as may be
prescribed by the Director, Fish and Wildlife
Service.
(c) APPLICATION OF RECLAMATION STANDARDS TO
EXPLORATION.—The provisions of this section shall apply
to mineral exploration pursuant to a permit under this
title, except that paragraphs (5) and (6) of subsection (b)
shall not apply during any interim periods between com-
pletion of the approved exploration and the commence-
ment of further mineral activities, not to exceed 2 years,
if the operator maintains a sufficient financial assurance
to reclaim the disturbed surface should further mineral ac-
tivities not be authorized. The Secretary concerned shall
prescribe standards for interim stabilization and revegeta-
tion.
(d) SPECIAL RULE.—A modified reclamation plan
shall not be required for mineral activities related to rec-
lamation where a mining claim is forfeited, relinquished
or lapsed, or a plan is revoked or suspended or has expired
in any such case. Reclamation activities shall continue
only as approved by the Secretary, or for National Forest
System lands the Secretary of Agriculture, pursuant to the
previously approved reclamation plan.
(e) DEFINITIONS.—As used in this section:
(1) The term ‘‘best technology currently avail-
able’’ means equipment, devices, systems, methods,
or techniques which have demonstrated engineering
and economic feasibility, success and practicality.
Within the constraints of the surface management
requirements of this title, the Secretary, or for Na-
tional Forest System lands the Secretary of Agri-
culture, shall have the discretion to determine the
best technology currently available on a case-by-case
basis.
(2) The term ‘‘waste material’’ means the mate-
rial resulting from mineral activities involving ex-
traction, beneficiation and processing, including but
not limited to tailings, and such material resulting
from mineral activities involving processing, to the
extent such material is not subject to subtitle III of
the Solid Waste Disposal Act or the Uranium Mill
Tailings Radiation Control Act.
(3) The term ‘‘ore piles’’ means ore stockpiled
for beneficiation prior to the completion of mineral
activities.
(4) The term ‘‘subgrade ore’’ means ore that is
too low in grade to be processed at the time of ex-
traction but which could reasonably be processed in
the foreseeable future.
(5) The term ‘‘soil’’ means the earthy or sandy
layer, ranging in thickness from a few inches to sev-
eral feet, composed of finely divided rock debris, of
whatever origin, mixed with decomposing vegetal and
animal matter, which forms the surface of the
ground and in which plants grow or may grow.
SEC. 218. STATE LAW AND REGULATION.
(a) STATE LAW.—(1) Any reclamation standard or
requirement in State law or regulation that meets or ex-
ceeds the requirements of section 217 shall not be con-
strued 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 section 216 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 section 244 shall not be construed to be inconsistent
with such requirements.
(b) APPLICABILITY
OF OTHER STATE REQUIRE-
MENTS.—(1) Nothing in this title shall be construed as
affecting any toxic substance, solid waste, or air or water
quality, standard or requirement of any State law or regu-
lation, or of tribal law or regulation, which may be applica-
ble to mineral activities on lands subject to this title.
(2) Nothing in this title shall be construed as affect-
ing in any way the right of any person to enforce or pro-
tect, under applicable law, such person’s interest in water
resources affected by mineral activities on lands subject
to this title.
(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 title.
(2) In such instances where the proposed mineral ac-
tivities would affect lands not subject to this title in addi-
tion to lands subject to this title, 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 surface
management requirements of this title for the purposes
of such plan of operations.
(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.
(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 surface management of mineral activities
on lands subject to this title that was in existence on the
date of enactment of this Act may only continue in force
until the effective date of this title, after which time the
terms and conditions of any such agreement or under-
standing shall only be applicable to plans of operations
approved by the Secretary concerned prior to the effective
date of this title.
(e) DELEGATION.—The Secretary, or for National
Forest System lands the Secretary of Agriculture, shall
not delegate to any State, or political subdivision thereof,
the Secretary’s authorities, duties and obligations under
this title, including with respect to any cooperative agree-
ments entered into under this section.
(f) PREEMPTION.—Subject to section 252(b), the re-
quirements of this title shall preempt any conflicting re-
quirements of any State, or political subdivision thereof
relating to mineral activities for locatable minerals.
SEC. 219. UNSUITABILITY REVIEW.
(a) AUTHORITY.—(1) As provided for in this section,
the Secretary of the Interior, in carrying out the Sec-
retary’s responsibilities under the Federal Land Policy
and Management Act of 1976, and the Secretary of Agri-
culture, in carrying out the Secretary’s responsibilities
under the Forest and Rangeland Renewable Resources
Planning Act of 1974, as amended by the National Forest
Management Act of 1976, shall each review lands that are
subject to this title in order to determine, in accordance
with the provisions of subsection (b), whether there are
any areas on such lands which are either unsuitable for
all types of mineral activities or conditionally suitable for
certain types of mineral activities.
(2) Any determination made in accordance with sub-
section (b) shall be immediately effective. Such determina-
tion shall be incorporated into the applicable land use plan
when such plan is adopted, revised, or significantly amend-
ed pursuant to provisions of law other than this title.
(3) In any instance where a determination is made
in accordance with subsection (b) that an area is condi-
tionally suitable for all or certain mineral activities, the
Secretary concerned shall take appropriate steps to notify
the public that any operations permit application relevant
to that area shall be conditioned accordingly.
(b) SPECIAL CHARACTERISTICS.—(1) The Secretary,
or for National Forest System lands the Secretary of Agri-
culture, shall determine that an area open to location is
unsuitable for all or certain mineral activities if such Sec-
retary finds that such activities would result in significant,
permanent and irreparable damage to special characteris-
tics as described in paragraph (3) which cannot be pre-
vented by the imposition of conditions in the operations
permit required under section 214 (b).
(2) The Secretary, or for National Forest System
lands, the Secretary of Agriculture, may determine, after
notice and opportunity for public comment, that an area
100
is conditionally suitable for all or certain types of mineral
activities, if the Secretary concerned determines that any
of the special characteristics of such area, as listed in
paragraph (3), require protection from the effects of min-
eral activities.
(3) Any of the following shall be considered special
characteristics of an area which contains lands or interests
in lands open to location under this title:
(A) The existence of significant water quality or
supplies in or associated with such area, such as
aquifers and aquifer recharge areas.
(B) The presence in such area of publicly
owned places which are listed on or are determined
eligible for listing on the National Register of His-
toric Places.
(C) The designation of all or any portion of
such area or any adjacent area as a National Con-
servation System unit.
(D) The designation of all or any portion of
such area or any adjacent area as critical habitat for
threatened or endangered species under the Endan-
gered Species Act of 1973.
(E) The designation of all or any portion of
such area as Class I under section 162 of the Clean
Air Act (42 U.S.C. 7401).
101
(F) The presence of such other resource values
as the Secretary, or for National Forest System
lands, the Secretary of Agriculture, may, by joint
rule, specify based upon field testing that verifies
such criteria.
(c) PERMIT APPLICATION PRIOR TO REVIEW.—(1) If
an area covered by an application for a permit required
under section 214, has not been reviewed pursuant to sub-
section (a) prior to submission of the application, the Sec-
retary, or for National Forest System lands, the Secretary
of Agriculture, shall review the area that would be affected
by the proposed mineral activities to determine, according
to the provisions of subsection (b), whether the area is
unsuitable for all types of mineral activities or condi-
tionally suitable for certain types of mineral activities.
Such review and determination shall precede the final de-
cision on the permit application.
(2) The Secretary concerned shall use such review in
the next revision or significant amendment to the applica-
ble land use plan to the extent necessary to reflect the
unsuitability or conditional suitability of such lands.
(d) EFFECT OF DETERMINATION.—(1) In any in-
stance in which a determination of unsuitability is made
for any area in accordance with subsection (b)(1), all min-
eral activities shall be prohibited in such area, and the
102
Secretary shall (with the consent of the Secretary of Agri-
culture for National Forest System lands) withdraw such
area pursuant to section 204 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1714). The Sec-
retary’s determination under this section shall constitute
the documentation required to be provided under section
204(c)(12) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1714).
(2) In any instance where the Secretary, or for Na-
tional Forest System lands, the Secretary of Agriculture,
determines in accordance with subsection (b)(2) that, by
reason of any of the special characteristics listed in sub-
section (b)(3), an area is conditionally suitable for all or
certain mineral activities, the Secretary concerned shall in-
clude such additional conditions in each permit for mineral
activities in such area as necessary to limit or control min-
eral activities to the extent necessary to protect the special
characteristics concerned.
(3) Nothing in this section shall be construed as af-
fecting lands where mineral activities were being con-
ducted on the date of enactment of this Act under ap-
proved plans of operations or under notice (as provided
for in the regulations of the Secretary of the Interior in
effect prior to the date of enactment of this Act relating
103
to operations that cause a cumulative disturbance of 5
acres or less).
(4) Nothing in this section shall be construed as pro-
hibiting mineral activities at a specific site, where substan-
tial legal and financial commitments in such mineral ac-
tivities were in existence on the date of enactment of this
Act, but nothing in this section shall be construed as pro-
hibiting either Secretary from regulating such activities in
accordance with other authority of law. As used in this
paragraph, the term ‘‘substantial legal and financial com-
mitments’’ means, with respect to a specific site, signifi-
cant investments, expenditures, or undertakings that have
been made to explore or develop any mining claim or and
millsite located at such site under the general mining laws
or converted under this title, such as but not limited to:
contracts for minerals produced; construction; contracts
for the construction; or commitment to raise capital for
the construction of processing, beneficiation, extraction, or
refining facilities, or transportation or utility infrastruc-
ture; exploration activities conducted to delineate proven
or probable ore reserves; acquisition of mining claims (but
only if such acquisition is part of other significant invest-
ments specified in this paragraph); and such other costs
or expenditures related to mineral activities at such site
as are similar to the foregoing itemized costs or expendi-
104
tures and as may be specified by the Secretaries by joint
rule.
(e) WITHDRAWAL REVIEW.—(1) In carrying out the
responsibilities referred to in subsection (a), the Secretary
or, for National Forest System lands, the Secretary of Ag-
riculture, shall review all administrative withdrawals of
land under such Secretary’s jurisdiction (other than wil-
derness study areas) to determine whether the revocation
or modification of such withdrawal for the purpose of al-
lowing such lands to be opened to the location of mining
claims under this title is appropriate as a result of either
of the following:
(A) The imposition of any conditions imposed
as part of the land use planning process or the im-
position of any conditions as a result to the review
process under subsection (a).
(B) The limitation of section 255 (relating to
limitation on patent issuance).
(2) The Secretary concerned shall publish the review
referred to in paragraph (1) in the Federal Register no
later than 1 year after the date of enactment of this Act.
After providing notice and opportunity for comment, the
Secretary may issue a revocation or modification of such
administrative withdrawals as he deems appropriate by
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reason of the criteria listed in subparagraph (A) or (B)
of paragraph (1).
(f) EXPLORATION REVIEWS.—In conjunction with re-
view of a permit application submitted pursuant to section
213, and upon request of the applicant, the Secretary, or
for National Forest System lands, the Secretary of Agri-
culture, shall review the area proposed to be affected by
mineral activities to determine whether the area would be
unsuitable or conditionally suitable for all or certain min-
eral activities.
SEC. 220. CERTAIN MINERAL ACTIVITIES COVERED BY
OTHER LAW.
This subtitle shall not apply to any mineral activities
which are subject to the Stock Raising Homestead Act.
Subtitle C—Abandoned Locatable
Minerals Mine Reclamation Fund
SEC. 231. ABANDONED LOCATABLE MINERALS MINE REC-
LAMATION.
(a) ESTABLISHMENT.—(1) There is established on
the books of the Treasury of the United States a trust
fund to be known as the Abandoned Locatable Minerals
Mine Reclamation Fund (hereinafter in this subtitle re-
ferred to as the ‘‘Fund’’). The Fund shall be administered
by the Secretary acting through the Director of the Office
of Surface Mining Reclamation and Enforcement.
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(2) 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 current withdraw-
als. The Secretary of the Treasury shall invest such por-
tion 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, tak-
ing into consideration current market yields on outstand-
ing marketplace obligations of the United States of com-
parable maturities. The income on such investments shall
be credited to, and form a part of, the Fund.
(b) AMOUNTS.—The following amounts shall be cred-
ited to the Fund:
(1) All moneys received from the collection of
claim maintenance fees under section 207.
(2) All moneys collected pursuant to section
208 (relating to failure to comply), section 247 (re-
lating to enforcement) and section 245 (relating to
citizens suits).
(3) All permit fees and transfer fees received
under sections 213 and 214.
(4) All donations by persons, corporations, as-
sociations, and foundations for the purposes of this
subtitle.
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(5) All amounts referred to in section 236 (re-
lating to royalties and penalties for underreporting).
(6) All other receipts from fees, royalties, pen-
alties and other sources collected under this title.
(c) ADMINISTRATIVE COSTS.—(1) In calculating the
amount to be deposited in the Fund during any fiscal year
under subsection (b), the enacted appropriation of the De-
partment of the Interior during the preceding year attrib-
utable to administering this title shall be deducted from
the total of the amounts listed in subsection (b) prior to
the transfer of such amounts to the Fund.
(2) The amount deducted under paragraph (1) of this
section shall be available to the Secretary, subject to ap-
propriation, for payment of the costs of administering this
title.
SEC. 232. USE AND OBJECTIVES OF THE FUND.
(a) IN GENERAL.—The Secretary is authorized, sub-
ject to appropriations, to use moneys in the Fund for the
reclamation and restoration of land and water resources
adversely affected by past mineral activities on lands the
legal and beneficial title to which resides in the United
States, land within the exterior boundary of any national
forest system unit, or other lands described in subsection
(d) or section 233, including any of the following:
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(1) Prevention, abatement, treatment and con-
trol of water pollution created by abandoned mine
drainage.
(2) Reclamation and restoration of abandoned
surface and underground mined areas.
(3) Reclamation and restoration of abandoned
milling and processing areas.
(4) Backfilling, sealing, or otherwise control-
ling, abandoned underground mine entries.
(5) Revegetation of land adversely affected by
past mineral activities to prevent erosion and sedi-
mentation and to enhance wildlife habitat.
(6) Control of surface subsidence due to aban-
doned underground mines.
Moneys in the Fund shall also be available for purposes
of compensation (and other payments) under section 263.
(b) PRIORITIES.—To the extent that moneys in the
fund are in excess of the amount of compensation (and
other payments) paid under section 263, expenditures of
moneys from the Fund shall reflect the following priorities
in the order stated:
(1) The protection of public health, safety, gen-
eral welfare and property from extreme danger from
the adverse effects of past mineral activities, espe-
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cially as relates to surface water and groundwater
contaminates.
(2) The protection of public health, safety, and
general welfare from the adverse effects of past min-
eral activities.
(3) The restoration of land, water and fish and
wildlife resources previously degraded by the adverse
effects of past mineral activities.
(c) HABITAT.—Reclamation and restoration activities
under this subtitle, particularly those identified under sub-
section (a)(4), shall include appropriate mitigation meas-
ures to provide for the continuation of any established
habitat for wildlife in existence prior to the commencement
of such activities.
(d) OTHER AFFECTED LANDS.—Where mineral ex-
ploration, mining, beneficiation, processing, or reclamation
activities has been carried out with respect to any mineral
which would be a locatable mineral if the legal and bene-
ficial title to the mineral were in the United States, if such
activities directly affect lands managed by the Bureau of
Land Management as well as other lands and if the legal
and beneficial title to more than 50 percent of the affected
lands resides in the United States, the Secretary is author-
ized, subject to appropriations, to use moneys in the fund