(5) All amounts referred to in section 111 (re-
lating to royalties and penalties for underreporting). 
(6) All other receipts from fees, royalties, pen-
alties and other sources collected under this Act. 
(7) All moneys received pursuant to section 110 
from issuance of patents. 
(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 Act 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 
Act. 
SEC. 402. 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 403, including any of the following: 
(1) Protecting public health and safety 
(2) Preventing, abating, treating, and control-
ling water pollution created by abandoned mine 
drainage. 
(3) Reclaiming and restoring abandoned surface 
and underground mined areas. 
(4) Reclaiming and restoring abandoned milling 
and processing areas. 
(5) Backfilling, sealing, or otherwise control-
ling, abandoned underground mine entries. 
(6) Revegetating land adversely affected by past 
mineral activities in order to prevent erosion and 
sedimentation, to enhance wildlife habitat, and for 
any other reclamation purpose. 
(7) Controlling of surface subsidence due to 
abandoned underground mines. 
(b) PRIORITIES.—Expenditures of moneys from the 
Fund shall reflect the following priorities in the order stat-
ed: 
(1) The protection of public health, safety, gen-
eral welfare, and property from extreme danger from 
the adverse effects of past mineral activities, espe-
cially as relates to surface water and groundwater 
contaminants. 
(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 title, 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 have 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
for reclamation and restoration under subsection (a) for 
all directly affected lands. 
(e) RESPONSE OR REMOVAL ACTIONS.—Reclamation 
and restoration activities under this title which constitute 
a removal or remedial action under section 101 of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601), shall be con-
ducted with the concurrence of the Administrator of the 
Environmental Protection Agency. The Secretary and the 
Administrator shall enter into a Memorandum of Under-
standing to establish procedures for consultation, concur-
rence, training, exchange of technical expertise and joint 
activities under the appropriate circumstances, that pro-
vide assurances that reclamation or restoration activities 
under this title shall not be conducted in a manner that 
increases the costs or likelihood of removal or remedial 
actions under the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 and following), and that avoid oversight by 
multiple agencies to the maximum extent practicable. 
SEC. 403. ELIGIBLE LANDS AND WATERS. 
(a) ELIGIBILITY.—Reclamation expenditures under 
this title may only be made with respect to Federal lands 
or Indian lands or water resources that traverse or are 
contiguous to Federal lands or Indian lands where such
lands or water resources have been affected by past min-
eral activities, including any of the following: 
(1) Lands and water resources which were used 
for, or affected by, mineral activities and abandoned 
or left in an inadequate reclamation status before 
the effective date of this Act. 
(2) Lands for which the Secretary makes a de-
termination that there is no continuing reclamation 
responsibility of a claim holder, operator, or other 
person who abandoned the site prior to completion 
of required reclamation under State or other Federal 
laws. 
(3) Lands for which it can be established that 
such lands do not contain locatable minerals which 
could economically be extracted through the reproc-
essing or remining of such lands, unless such consid-
erations are in conflict with the priorities set forth 
under paragraphs (1) and (2) of section 302(b). 
(b) SPECIFIC SITES AND AREAS NOT ELIGIBLE.— 
The provisions of section 411(d) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 
1240a(d)) shall apply to expenditures made from the 
Fund established under this title. 
(c) INVENTORY.—The Secretary shall prepare and 
maintain a publicly available inventory of abandoned
locatable minerals mines on Federal lands and any aban-
doned mine on Indian lands that may be eligible for ex-
penditures under this title, and shall deliver a yearly re-
port to the Congress on the progress in cleanup of such 
sites. 
SEC. 404. FUND EXPENDITURES. 
Moneys available from the Fund may be expended for 
the purposes specified in section 402 directly by the Direc-
tor of the Office of Surface Mining Reclamation and En-
forcement. The Director may also make such money avail-
able for such purposes to the Director of the Bureau of 
Land Management, the Chief of the United States Forest 
Service, the Director of the National Park Service, or Di-
rector of the United States Fish and Wildlife Service, to 
any other agency of the United States, to an Indian tribe, 
or to any public entity that volunteers to develop and im-
plement, and that has the ability to carry out, all or a 
significant portion of a reclamation program under this 
title. 
SEC. 405. AUTHORIZATION OF APPROPRIATIONS. 
Amounts credited to the Fund are authorized to be 
appropriated for the purpose of this title without fiscal 
year limitation.
TITLE V—ADMINISTRATIVE AND 
MISCELLANEOUS PROVISIONS 
Subtitle A—Administrative 
Provisions 
SEC. 501. POLICY FUNCTIONS. 
(a) MINERALS POLICY.—Section 2 of the Mining and 
Minerals Policy Act of 1970 (30 U.S.C. 21a) is amended 
by adding at the end thereof the following: ‘‘It shall also 
be the responsibility of the Secretary of Agriculture to 
carry out the policy provisions of paragraphs (1) and (2) 
of this section.’’. 
(b) MINERAL DATA.—Section 5(e)(3) of the National 
Materials and Minerals Policy, Research and Development 
Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by insert-
ing before the period the following: ‘‘, except that for Na-
tional Forest System lands the Secretary of Agriculture 
shall promptly initiate actions to improve the availability 
and analysis of mineral data in Federal land use decision-
making’’. 
SEC. 502. USER FEES. 
The Secretary and the Secretary of Agriculture are 
each authorized to establish and collect from persons sub-
ject to the requirements of this Act such user fees as may 
be necessary to reimburse the United States for the ex-
penses incurred in administering such requirements. Fees
may be assessed and collected under this section only in 
such manner as may reasonably be expected to result in 
an aggregate amount of the fees collected during any fiscal 
year which does not exceed the aggregate amount of ad-
ministrative expenses referred to in this section. 
SEC. 503. INSPECTION AND MONITORING. 
(a) INSPECTIONS.—(1) The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture, 
shall make inspections of mineral activities so as to ensure 
compliance with the environmental protection require-
ments of title III. 
(2) The Secretary concerned shall establish a fre-
quency of inspections for mineral activities conducted 
under a permit issued under title III, but in no event shall 
such inspection frequency be less than one complete in-
spection per calendar quarter or, two per calendar quarter 
in the case of a permit for which the Secretary concerned 
approves an application under section 303(g) (relating to 
temporary cessation of operations). After revegetation has 
been established in accordance with a reclamation plan, 
such Secretary shall conduct annually 2 complete inspec-
tions. Such Secretary shall have the discretion to modify 
the inspection frequency for mineral activities that are 
conducted on a seasonal basis. Inspections shall continue
under this subsection until final release of financial assur-
ance. 
(3)(A) Any person who has reason to believe he or 
she is or may be adversely affected by mineral activities 
due to any violation of the environmental protection re-
quirements may request an inspection. The Secretary, or 
for National Forest System lands the Secretary of Agri-
culture, shall determine within 10 working days of receipt 
of the request whether the request states a reason to be-
lieve that a violation exists. If the person alleges and pro-
vides reason to believe that an imminent threat to the en-
vironment or danger to the health or safety of the public 
exists, the 10-day period shall be waived and the inspec-
tion shall be conducted immediately. When an inspection 
is conducted under this paragraph, the Secretary con-
cerned shall notify the person requesting the inspection, 
and such person shall be allowed to accompany the Sec-
retary concerned or the Secretary’s authorized representa-
tive during the inspection. The Secretary shall not incur 
any liability for allowing such person to accompany an au-
thorized representative. The identity of the person sup-
plying information to the Secretary relating to a possible 
violation or imminent danger or harm shall remain con-
fidential with the Secretary if so requested by that person,
unless that person elects to accompany an authorized rep-
resentative on the inspection. 
(B) The Secretaries shall, by joint rule, establish pro-
cedures for the review of (i) any decision by an authorized 
representative not to inspect; or (ii) any refusal by such 
representative to ensure that remedial actions are taken 
with respect to any alleged violation. The Secretary con-
cerned shall furnish such persons requesting the review 
a written statement of the reasons for the Secretary’s final 
disposition of the case. 
(b) MONITORING.—(1) The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture, 
shall require all operators to develop and maintain a moni-
toring and evaluation system which shall identify compli-
ance with all environmental protection requirements. The 
Secretary concerned may require additional monitoring to 
be conducted as necessary to assure compliance with the 
reclamation and other environmental standards of this 
Act. Such plan must be reviewed and approved by the Sec-
retary and shall become a part of the operations permit. 
(2) Monitoring shall be conducted as close as tech-
nically feasible to the mineral activity involved, and in all 
cases such monitoring shall be conducted within the per-
mit area.
(3) The point of compliance referred to in paragraph 
(1) shall be as close to the mineral activity involved as 
is technically feasible, but in any event shall be located 
to comply with applicable State and Federal standards. 
In no event shall the point of compliance be outside the 
permit area. 
(4) The operator shall file reports with the Secretary, 
or for National Forest System lands the Secretary of Agri-
culture, on a frequency determined by the Secretary con-
cerned, on the results of the monitoring and evaluation 
process, except that if the monitoring and evaluation show 
a violation of the environmental protection requirements 
under this Act, it shall be reported immediately to the Sec-
retary concerned. The Secretary shall evaluate the reports 
submitted pursuant to this paragraph, and based on those 
reports and any necessary inspection shall take enforce-
ment action pursuant to this section. Such reports shall 
be maintained by the operator and by the Secretary and 
shall be made available to the public. 
(5) The Secretary, or for National Forest System 
lands the Secretary of Agriculture, shall determine what 
information shall be reported by the operator pursuant to 
paragraph (5). A failure to report as required by the Sec-
retary concerned shall constitute a violation of this Act
and subject the operator to enforcement action pursuant 
to section 506. 
SEC. 504. CITIZENS SUITS. 
(a) IN GENERAL.—Except as provided in subsection 
(b), any person may commence a civil action on his or 
her own behalf to compel compliance— 
(1) against any person (including the Secretary 
or the Secretary of Agriculture) alleged to have vio-
lated, or to be in violation of, any of the provisions 
of this Act or any regulation promulgated pursuant 
to title III or any term or condition of any permit 
issued under title III; or 
(2) against the Secretary or the Secretary of 
Agriculture where there is alleged a failure of such 
Secretary to perform any act or duty under this Act, 
or to promulgate any regulation under title III, 
which is not within the discretion of the Secretary 
concerned. 
The United States district courts shall have jurisdiction 
over actions brought under this section, without regard to 
the amount in controversy or the citizenship of the parties, 
including actions brought to apply any civil penalty under 
this Act. The district courts of the United States shall 
have jurisdiction to compel agency action unreasonably de-
layed, except that an action to compel agency action re-
viewable under section 505 may only be filed in a United 
States district court within the circuit in which such action 
would be reviewable under section 505. 
(b) EXCEPTIONS.—(1) No action may be commenced 
under subsection (a) before the plaintiff has given notice 
in writing of such alleged violation to the Secretary, or 
for National Forest System lands the Secretary of Agri-
culture, except that any such action may be brought imme-
diately after such notification if the violation complained 
of constitutes an imminent threat to the environment or 
to the health or safety of the public. 
(2) No action may be brought against any person 
other than the Secretary or the Secretary of Agriculture 
under subsection (a)(1) if such Secretary has commenced 
and is diligently prosecuting a civil or criminal action in 
a court of the United States to require compliance. 
(3) No action may be commenced under paragraph 
(2) of subsection (a) against either Secretary to review any 
rule promulgated by, or to any permit issued or denied 
by such Secretary if such rule or permit issuance or denial 
is judicially reviewable under section 505 or under any 
other provision of law at any time after such promulga-
tion, issuance, or denial is final.
100 
(c) VENUE.—Venue of all actions brought under this 
section shall be determined in accordance with section 
1391 of title 28, United States Code. 
(d) COSTS.—The court, in issuing any final order in 
any action brought pursuant to this section may award 
costs of litigation (including attorney and expert witness 
fees) to any party whenever the court determines such 
award is appropriate. The court may, if a temporary re-
straining order or preliminary injunction is sought, require 
the filing of a bond or equivalent security in accordance 
with the Federal Rules of Civil Procedure. 
(e) SAVINGS CLAUSE.—Nothing in this section shall 
restrict any right which any person (or class of persons) 
may have under chapter 7 of title 5, United States Code, 
under this section, or under any other statute or common 
law to bring an action to seek any relief against the Sec-
retary or the Secretary of Agriculture or against any other 
person, including any action for any violation of this Act 
or of any regulation or permit issued under this Act or 
for any failure to act as required by law. Nothing in this 
section shall affect the jurisdiction of any court under any 
provision of title 28, United States Code, including any 
action for any violation of this Act or of any regulation 
or permit issued under this Act or for any failure to act 
as required by law. Nothing in this Act shall be construed
101 
to be a waiver of the sovereign immunity of an Indian tribe 
except as provided for in section 303. 
SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) REVIEW
BY SECRETARY.—(1)(A) Any person 
issued a notice of violation or cessation order under sec-
tion 506, or any person having an interest which is or 
may be adversely affected by such notice or order, may 
apply to the Secretary, or for National Forest System 
lands the Secretary of Agriculture, for review of the notice 
or order within 30 days after receipt thereof, or as the 
case may be, within 30 days after such notice or order 
is modified, vacated, or terminated. 
(B) Any person who is subject to a penalty assessed 
under section 109 (relating to failure to comply), or sec-
tion 506 may apply to the Secretary concerned for review 
of the assessment within 45 days of notification of such 
penalty. 
(C) Any person may apply to such Secretary for re-
view of the decision within 30 days after it is made. 
(D) Pending a review by the Secretary or resolution 
of an administrative appeal, final decisions (except en-
forcement actions under section 506) shall be stayed. 
(2) The Secretary concerned shall provide an oppor-
tunity for a public hearing at the request of any party 
to the proceeding as specified in paragraph (1). The filing
102 
of an application for review under this subsection shall not 
operate as a stay of any order or notice issued under sec-
tion 506. 
(3) For any review proceeding under this subsection, 
the Secretary concerned shall make findings of fact and 
shall issue a written decision incorporating therein an 
order vacating, affirming, modifying, or terminating the 
notice, order, or decision, or with respect to an assess-
ment, the amount of penalty that is warranted. Where the 
application for review concerns a cessation order issued 
under section 506 the Secretary concerned shall issue the 
written decision within 30 days of the receipt of the appli-
cation for review or within 30 days after the conclusion 
of any hearing referred to in paragraph (2), whichever is 
later, unless temporary relief has been granted by the Sec-
retary concerned under paragraph (4). 
(4) Pending completion of any review proceedings 
under this subsection, the applicant may file with the Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, a written request that the Secretary grant 
temporary relief from any order issued under section 506 
together with a detailed statement giving reasons for such 
relief. The Secretary concerned shall expeditiously issue 
an order or decision granting or denying such relief. The 
Secretary concerned may grant such relief under such con-
103 
ditions as he may prescribe only if such relief shall not 
adversely affect the health or safety of the public or cause 
imminent environmental harm to land, air, or water re-
sources. 
(5) The availability of review under this subsection 
shall not be construed to limit the operation of rights 
under section 504 (relating to citizen suits). 
(b) JUDICIAL REVIEW.—(1) Any final action by the 
Secretaries of the Interior and Agriculture in promul-
gating regulations to implement this Act, or any other 
final actions constituting rulemaking to implement this 
Act, shall be subject to judicial review only in the United 
States Court of Appeals for the District of Columbia. Any 
action subject to judicial review under this subsection shall 
be affirmed unless the court concludes that such action 
is arbitrary, capricious, or otherwise inconsistent with law. 
A petition for review of any action subject to judicial re-
view under this subsection shall be filed within 60 days 
from the date of such action, or after such date if the 
petition is based solely on grounds arising after the 60th 
day. Any such petition may be made by any person who 
commented or otherwise participated in the rulemaking or 
any person who may be adversely affected by the action 
of the Secretaries.
104 
(2) Final agency action under this Act, including 
such final action on those matters described under sub-
section (a), shall be subject to judicial review in accord-
ance with paragraph (4) and pursuant to section 1391 of 
title 28, United States Code, on or before 60 days from 
the date of such final action. Any action subject to judicial 
review under this subsection shall be affirmed unless the 
court concludes that such action is arbitrary, capricious, 
or otherwise inconsistent with law. 
(3) The availability of judicial review established in 
this subsection shall not be construed to limit the oper-
ations of rights under section 504 (relating to citizens 
suits). 
(4) The court shall hear any petition or complaint 
filed under this subsection solely on the record made be-
fore the Secretary or Secretaries concerned. The court 
may affirm or vacate any order or decision or may remand 
the proceedings to the Secretary or Secretaries for such 
further action as it may direct. 
(5) The commencement of a proceeding under this 
section shall not, unless specifically ordered by the court, 
operate as a stay of the action, order, or decision of the 
Secretary or Secretaries concerned. 
(c) COSTS.—Whenever a proceeding occurs under 
subsection (a) or (b), at the request of any person, a sum
105 
equal to the aggregate amount of all costs and expenses 
(including attorney fees) as determined by the Secretary 
or Secretaries concerned or the court to have been reason-
ably incurred by such person for or in connection with par-
ticipation in such proceedings, including any judicial re-
view of the proceeding, may be assessed against either 
party as the court, in the case of judicial review, or the 
Secretary or Secretaries concerned in the case of adminis-
trative proceedings, deems proper if it is determined that 
such party prevailed in whole or in part, achieving some 
success on the merits, and that such party made a sub-
stantial contribution to a full and fair determination of 
the issues. 
SEC. 506. ENFORCEMENT. 
(a) ORDERS.—(1) If the Secretary, or for National 
Forest System lands the Secretary of Agriculture, or an 
authorized representative of such Secretary, determines 
that any person is in violation of any environmental pro-
tection requirement under title III or any regulation 
issued by the Secretaries to implement this Act, such Sec-
retary or authorized representative shall issue to such per-
son a notice of violation describing the violation and the 
corrective measures to be taken. The Secretary concerned, 
or the authorized representative of such Secretary, shall 
provide such person with a period of time not to exceed
106 
30 days to abate the violation. Such period of time may 
be extended by the Secretary concerned upon a showing 
of good cause by such person. If, upon the expiration of 
time provided for such abatement, the Secretary con-
cerned, or the authorized representative of such Secretary, 
finds that the violation has not been abated he shall imme-
diately order a cessation of all mineral activities or the 
portion thereof relevant to the violation. 
(2) If the Secretary concerned, or the authorized rep-
resentative of the Secretary concerned, determines that 
any condition or practice exists, or that any person is in 
violation of any environmental protection requirement 
under title III or any regulation issued by the Secretaries 
to implement this Act, and such condition, practice or vio-
lation is causing, or can reasonably be expected to cause— 
(A) an imminent danger to the health or safety 
of the public; or 
(B) significant, imminent environmental harm 
to land, air, water, or fish or wildlife resources; 
such Secretary or authorized representative shall imme-
diately order a cessation of mineral activities or the por-
tion thereof relevant to the condition, practice, or viola-
tion. 
(3)(A) A cessation order pursuant to paragraphs (1) 
or (2) shall remain in effect until such Secretary, or au-
107 
thorized representative, determines that the condition, 
practice, or violation has been abated, or until modified, 
vacated or terminated by the Secretary or authorized rep-
resentative. In any such order, the Secretary or authorized 
representative shall determine the steps necessary to abate 
the violation in the most expeditious manner possible and 
shall include the necessary measures in the order. The 
Secretary concerned shall require appropriate financial as-
surances to ensure that the abatement obligations are met. 
(B) Any notice or order issued pursuant to para-
graphs (1) or (2) may be modified, vacated, or terminated 
by the Secretary concerned or an authorized representa-
tive of such Secretary. Any person to whom any such no-
tice 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 
occurred, the Secretary concerned shall take such alter-
native enforcement action against the claim holder or op-
erator (or any person who controls the claim holder or op-
erator) as will most likely bring about abatement in the 
most expeditious manner possible. Such alternative en-
forcement action may include, but is not necessarily lim-
ited to, seeking appropriate injunctive relief to bring about 
abatement. Nothing in this paragraph shall preclude the
108 
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, from taking alternative enforcement 
action prior to the expiration of 30 days. 
(5) If a claim holder or operator (or any person who 
controls the claim holder or operator) fails to abate a vio-
lation or defaults on the terms of the permit, the Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, 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 accordance with the approved plan in lieu of forfeiture. 
(6) The Secretary, or for National Forest System 
lands the Secretary of Agriculture, shall not cause for-
feiture of the financial assurance while administrative or 
judicial review is pending. 
(7) In the event of forfeiture, the claim holder, oper-
ator, or any affiliate thereof, as appropriate as determined 
by the Secretary by rule, shall be jointly and severally lia-
ble for any remaining reclamation obligations under this 
Act. 
(b) COMPLIANCE.—The Secretary, or for National 
Forest System lands the Secretary of Agriculture, may re-
quest the Attorney General to institute a civil action for 
relief, including a permanent or temporary injunction or
109 
restraining 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 503. 
Such court shall have jurisdiction to provide such relief 
as may be appropriate. Any relief granted by the court 
to enforce 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 Of-
fice of Surface Mining Reclamation and Enforcement to 
ensure compliance with the requirements of this Act. 
(d) PENALTIES.—(1) Any person who fails to comply 
with any environmental protection requirement under title 
III or any regulation issued by the Secretaries to imple-
ment this Act shall be liable for a penalty of not more 
than $25,000 per violation. Each day of violation may be
110 
deemed a separate violation for purposes of penalty assess-
ments. 
(2) A person who fails to correct a violation for which 
a cessation order has been issued under subsection (a) 
within the period permitted for its correction shall be as-
sessed a civil penalty of not less than $1,000 per violation 
for each day during which such failure continues. 
(3) Whenever a corporation is in violation of an envi-
ronmental protection requirement under title III or any 
regulation issued by the Secretaries to implement this Act 
or fails or refuses to comply with an order issued under 
subsection (a), any director, officer, or agent of such cor-
poration who knowingly authorized, ordered, 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, shall suspend or revoke a permit issued under title 
III, in whole or in part, if the operator or person con-
ducting mineral activities— 
(1) knowingly made or knowingly makes any 
false, inaccurate, or misleading material statement 
in any mining claim, notice of location, application,
111 
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 305; 
(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 304(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, 
report, plan, or other documents filed or required to 
be maintained under this Act; or
112 
(2) falsifies, tampers with, renders inaccurate, 
or fails to install any monitoring device or method 
required 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 subsection, punishment shall be by a fine of 
not more than $20,000 per day of violation, or by impris-
onment 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 III, or 
(2) violates any other environmental protection 
requirement set forth in title III or any regulation 
issued by the Secretaries to implement this Act, any 
provision of a permit issued under this Act (includ-
ing any exploration or operations plan on which such 
permit is based), or any 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,
113 
or by imprisonment for not more than 3 years, or both. 
If a conviction of a person is for a violation committed 
after the first conviction of such person under this sub-
section, punishment 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) KNOWING AND WILLFUL VIOLATIONS.—Any per-
son who knowingly and willfully commits an act for which 
a civil penalty is provided in paragraph (1) of subsection 
(g) 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 any officer, agent, or employee of 
a person. 
SEC. 507. REGULATIONS; EFFECTIVE DATES. 
(a) EFFECTIVE DATE.—The provisions of this Act 
shall take effect on the date of enactment of this Act, ex-
cept 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, title III, title IV, and title V that affect the United 
States Forest Service shall be joint regulations issued by 
both Secretaries.
114 
(c) NOTICE.—Within 180 days after the date of en-
actment of this Act, the Secretary shall give notice to hold-
ers of mining claims and millsites maintained under the 
general mining laws as to the requirements of section 106. 
Subtitle B—Miscellaneous 
Provisions 
SEC. 511. TRANSITIONAL RULES; SURFACE MANAGEMENT 
AND 
ENVIRONMENTAL 
PROTECTION 
RE-
QUIREMENTS. 
(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 enact-
ment of this Act shall be subject to the requirements of 
title II and title III. 
(b) PREEXISTING CLAIMS.—(1) Notwithstanding any 
other provision of law, any unpatented mining claim or 
millsite located under the general mining laws before the 
date of enactment of this Act for which a plan of operation 
has not been approved or a notice filed prior to the date 
of enactment shall, upon the effective date of this Act, 
be subject to the requirements of title II and title III, ex-
cept 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 of this Act, for
115 
a period of 5 years after the effective date of this Act min-
eral activities at such claim or site shall be subject to such 
plan of operations (or a modification or amendment there-
to prepared in accordance with the provisions of law appli-
cable prior to the enactment of this Act). During such 5- 
year period, 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 
modifications or amendments are deemed minor by the 
Secretary concerned. After such 5-year period the require-
ments of title II and title III shall apply, subject to the 
limitations of section 308. In order to meet the require-
ments of title II and title III, the person conducting min-
eral activities under such plan of operations (or modified 
or amended plan) shall apply for a modification under sec-
tion 303(f) no later than 3 years after the date of enact-
ment of this Act. For purposes of this paragraph, any 
modification or amendment that extends the area covered 
by the plan (except for incidental boundary revisions) or 
that increases the risk of adverse effects on the environ-
ment 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 305 (relating to finan-
cial assurance), section 503 (relating to inspection and
116 
monitoring) and section 506 (relating to enforcement) 
shall apply on the basis of the surface management re-
quirements 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. 
SEC. 512. OIL SHALE CLAIMS SUBJECT TO SPECIAL RULES. 
(a) APPLICATION
OF SECTION 511.—Section 511 
shall apply to oil shale claims referred to in section 
2511(e)(2) of the Energy Policy Act of 1992 (Public Law 
102–486). 
(b) Section 2511(f) of the Energy Policy Act of 1992 
(Public Law 102–486) is amended as follows: 
(1) By striking ‘‘as prescribed by the Sec-
retary’’. 
(2) By inserting before the period the following: 
‘‘in the same manner as if such claim was subject 
to title II and title III of the Federal Mineral Devel-
opment and Land Protection Equity Act of 2005’’.
117 
SEC. 513. PURCHASING POWER ADJUSTMENT. 
The Secretary shall adjust all location fees, claim 
maintenance rates, penalty amounts, and other dollar 
amounts established in this Act for changes in the pur-
chasing power of the dollar no less frequently than every 
5 years following the date of enactment of this Act, em-
ploying the Consumer Price Index for All-Urban Con-
sumers published by the Department of Labor as the basis 
for adjustment, and rounding according to the adjustment 
process of conditions of the Federal Civil Penalties Infla-
tion Adjustment Act of 1990 (104 Stat. 890). 
SEC. 514. SAVINGS CLAUSE. 
(a) SPECIAL APPLICATION OF MINING LAWS.—Noth-
ing in this Act shall be construed as repealing or modi-
fying any Federal law, regulation, order, or land use plan, 
in effect prior to the date of enactment of this Act that 
prohibits or restricts the application of the general mining 
laws, including laws that provide for special management 
criteria for operations under the general mining laws as 
in effect prior to the date of enactment of this Act, to 
the extent such laws provide environmental protection 
greater than required under this Act, and any such prior 
law shall remain in force and effect with respect to claims 
located (or proposed to be located) or converted under this 
Act. Nothing in this Act shall be construed as applying 
to or limiting mineral investigations, studies, or other min-
118 
eral activities conducted by any Federal or State agency 
acting in its governmental capacity pursuant to other au-
thority. Nothing in this Act shall affect or limit any as-
sessment, investigation, evaluation, or listing pursuant to 
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601 and fol-
lowing), or the Solid Waste Disposal Act (42 U.S.C. 3251 
and following). 
(b) EFFECT ON OTHER FEDERAL LAWS.—The provi-
sions of this Act shall supersede the general mining laws, 
but, except for the general mining laws, nothing in this 
Act shall be construed as superseding, modifying, amend-
ing, or repealing any provision of Federal law not ex-
pressly superseded, modified, amended, or repealed by this 
Act. Nothing in this Act shall be construed as altering, 
affecting, amending, modifying, or changing, directly or 
indirectly, any law which refers to and provides authorities 
or responsibilities for, or is administered by, the Environ-
mental Protection Agency or the Administrator of the En-
vironmental Protection Agency, including the Federal 
Water Pollution Control Act, title XIV of the Public 
Health Service Act (the Safe Drinking Water Act), the 
Clean Air Act, the Pollution Prevention Act of 1990, the 
Toxic Substances Control Act, the Federal Insecticide, 
Fungicide, and Rodenticide Act, the Federal Food, Drug,
119 
and Cosmetic Act, the Motor Vehicle Information and 
Cost Savings Act, the Federal Hazardous Substances Act, 
the Endangered Species Act of 1973, the Atomic Energy 
Act, the Noise Control Act of 1972, the Solid Waste Dis-
posal Act, the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, the Superfund 
Amendments and Reauthorization Act of 1986, the Ocean 
Dumping Act, the Environmental Research, Development, 
and Demonstration Authorization Act, the Pollution Pros-
ecution Act of 1990, and the Federal Facilities Compli-
ance Act of 1992, or any statute containing an amend-
ment to any of such Acts. 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 Con-
servation System units, the Secretary, as appropriate, 
shall utilize authority under this Act and other applicable 
law to the fullest extent necessary to prevent mineral ac-
tivities that could have an adverse impact on the resources 
or values for which such units were established.
120 
SEC. 515. AVAILABILITY OF PUBLIC RECORDS. 
Copies of records, reports, inspection materials, or in-
formation obtained by the Secretary or the Secretary of 
Agriculture under this Act shall be made immediately 
available to the public, consistent with section 552 of title 
5, United States Code, in central and sufficient locations 
in the county, multicounty, and State area of mineral ac-
tivity or reclamation so that such items are conveniently 
available to residents in the area proposed or approved for 
mineral activities and on the Internet. 
SEC. 516. MISCELLANEOUS POWERS. 
(a) IN GENERAL.—In carrying out his or her duties 
under this Act, the Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, may conduct any 
investigation, inspection, or other inquiry necessary and 
appropriate and may conduct, after notice, any hearing 
or audit, necessary and appropriate to carrying out his 
or her duties. 
(b) ANCILLARY POWERS.—In connection with any 
hearing, inquiry, investigation, or audit under this Act, the 
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, is authorized to take any of the fol-
lowing actions: 
(1) Require, by special or general order, any 
person to submit in writing such affidavits and an-
swers to questions as the Secretary concerned may
121 
reasonably prescribe, which submission shall be 
made within such reasonable period and under oath 
or otherwise, as may be necessary. 
(2) Administer oaths. 
(3) Require by subpoena the attendance and 
testimony of witnesses and the production of all 
books, papers, records, documents, matter, and ma-
terials, as such Secretary may request. 
(4) Order testimony to be taken by deposition 
before any person who is designated by such Sec-
retary and who has the power to administer oaths, 
and to compel testimony and the production of evi-
dence in the same manner as authorized under para-
graph (3) of this subsection. 
(5) Pay witnesses the same fees and mileage as 
are paid in like circumstances in the courts of the 
United States. 
(c) ENFORCEMENT.—In cases of refusal to obey a 
subpoena served upon any person under this section, the 
district court of the United States for any district in which 
such person is found, resides, or transacts business, upon 
application by the Attorney General at the request of the 
Secretary concerned and after notice to such person, shall 
have jurisdiction to issue an order requiring such person 
to appear and produce documents before the Secretary
122 
concerned. Any failure to obey such order of the court may 
be punished by such court as contempt thereof and subject 
to a penalty of up to $10,000 a day. 
(d) ENTRY AND ACCESS.—Without advance notice 
and upon presentation of appropriate credentials, the Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, or any authorized representative thereof— 
(1) shall have the right of entry to, upon, or 
through the site of any claim, mineral activities, or 
any premises in which any records required to be 
maintained under this Act are located; 
(2) may at reasonable times, and without delay, 
have access to records, inspect any monitoring 
equipment, or review any method of operation re-
quired under this Act; 
(3) may engage in any work and do all things 
necessary or expedient to implement and administer 
the provisions of this Act; 
(4) may, on any mining claim located under the 
general mining laws and maintained in compliance 
with this Act, and without advance notice, stop and 
inspect any motorized form of transportation that 
such Secretary has probable cause to believe is car-
rying locatable minerals, concentrates, or products 
derived therefrom from a claim site for the purpose
123 
of determining whether the operator of such vehicle 
has documentation related to such locatable min-
erals, concentrates, or products derived therefrom as 
required by law, if such documentation is required 
under this Act; and 
(5) may, if accompanied by any appropriate law 
enforcement officer, or an appropriate law enforce-
ment officer alone, stop and inspect any motorized 
form of transportation which is not on a claim site 
if he or she has probable cause to believe such vehi-
cle is carrying locatable minerals, concentrates, or 
products derived therefrom from a claim site on 
Federal lands or allocated to such claim site. Such 
inspection shall be for the purpose of determining 
whether the operator of such vehicle has the docu-
mentation required by law, if such documentation is 
required under this Act. 
SEC. 517. MULTIPLE MINERAL DEVELOPMENT AND SUR-
FACE RESOURCES. 
The provisions of sections 4 and 6 of the Act of Au-
gust 13, 1954 (30 U.S.C. 524 and 526), commonly known 
as the Multiple Minerals Development Act, and the provi-
sions of section 4 of the Act of July 23, 1955 (30 U.S.C. 
612), shall apply to all mining claims located or converted 
under this Act.
124 
SEC. 518. MINERAL MATERIALS. 
(a) DETERMINATIONS.—Section 3 of the Act of July 
23, 1955 (30 U.S.C. 611), is amended as follows: 
(1) By inserting ‘‘(a)’’ before the first sentence. 
(2) By inserting ‘‘mineral materials, including 
but not limited to’’ after ‘‘varieties of’’ in the first 
sentence. 
(3) By striking ‘‘or cinders’’ and inserting in 
lieu thereof ‘‘cinders, and clay’’. 
(4) By adding the following new subsection at 
the end thereof: 
‘‘(b)(1) Subject to valid existing rights, after the date 
of enactment of the Federal Mineral Development and 
Land Protection Equity Act of 2005, notwithstanding the 
reference to common varieties in subsection (a) and to the 
exception to such term relating to a deposit of materials 
with some property giving it distinct and special value, all 
deposits of mineral materials referred to in such sub-
section, including the block pumice referred to in such 
subsection, shall be subject to disposal only under the 
terms and conditions of the Materials Act of 1947. 
‘‘(2) For purposes of paragraph (1), the term ‘valid 
existing rights’ means that a mining claim located for any 
such mineral material had some property giving it the dis-
tinct and special value referred to in subsection (a), or 
as the case may be, met the definition of block pumice
125 
referred to in such subsection, was properly located and 
maintained under the general mining laws prior to the 
date of enactment of the Federal Mineral Development 
and Land Protection Equity Act of 2005, and was sup-
ported by a discovery of a valuable mineral deposit within 
the meaning of the general mining laws as in effect imme-
diately prior to the date of enactment of the Federal Min-
eral Development and Land Protection Equity Act of 
2005 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) by inserting ‘‘and mineral 
material’’ after ‘‘vegetative’’. 
(2) In subsection (c) by inserting ‘‘and mineral 
material’’ after ‘‘vegetative’’. 
(c) CONFORMING AMENDMENT.—Section 1 of the 
Act of July 31, 1947, entitled ‘‘An Act to provide for the 
disposal 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.—
126 
(1) SURFACE
RESOURCES.—The Act of July 
23, 1955, is amended by inserting after section 7 
the following new section: 
‘‘SEC. 8. This Act may be cited as the ‘Surface Re-
sources Act of 1955’.’’. 
(2) MINERAL MATERIALS.—The Act of July 31, 
1947, entitled ‘‘An Act to provide for the disposal of 
materials on the public lands of the United States’’ 
(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), 
commonly known as the Building Stone Act, is hereby re-
pealed. 
(2) Subject to valid existing rights, the Act of Janu-
ary 31, 1901 (30 U.S.C. 162), commonly known as the 
Saline Placer Act, is hereby repealed. 
SEC. 519. APPLICATION OF ACT TO BENEFICIATION AND 
PROCESSING OF NON-FEDERAL MINERALS 
ON FEDERAL LANDS. 
The provisions of this Act (including the environ-
mental protection requirements of title III) shall apply in 
the same manner and to the same extent to Federal lands
127 
used for beneficiation or processing activities for any min-
eral without regard to whether or not the legal and bene-
ficial title to the mineral is held by the United States. This 
section applies only to minerals that are locatable minerals 
or minerals that would be locatable minerals if the legal 
and beneficial title to such minerals were held by the 
United States. 
Æ