105 
tional Historic Preservation Act (6 U.S.C. 4701 et seq.), 
and the Religious Freedom Restoration Act of 1993 (42 
U.S.C. 2000bb et seq.). 
(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. 
SEC. 514. 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. 515. 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 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
106 
appropriate and may conduct, after notice, any hearing 
or audit, necessary and appropriate to carrying out his 
or her duties. 
(b) ANCILLARY POWERS.—In connection with any 
hearing, inquiry, investigation, or audit under this Act, the 
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, is authorized to take any of the fol-
lowing actions: 
(1) Require, by special or general order, any 
person to submit in writing such affidavits and an-
swers to questions as the Secretary concerned may 
reasonably prescribe, which submission shall be 
made within such reasonable period and under oath 
or otherwise, as may be necessary. 
(2) Administer oaths. 
(3) Require by subpoena the attendance and 
testimony of witnesses and the production of all 
books, papers, records, documents, matter, and ma-
terials, as such Secretary may request. 
(4) Order testimony to be taken by deposition 
before any person who is designated by such Sec-
retary and who has the power to administer oaths, 
and to compel testimony and the production of evi-
dence in the same manner as authorized under para-
graph (3) of this subsection. 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
107 
(5) Pay witnesses the same fees and mileage as 
are paid in like circumstances in the courts of the 
United States. 
(c) ENFORCEMENT.—In cases of refusal to obey a 
subpoena served upon any person under this section, the 
district court of the United States for any district in which 
such person is found, resides, or transacts business, upon 
application by the Attorney General at the request of the 
Secretary concerned and after notice to such person, shall 
have jurisdiction to issue an order requiring such person 
to appear and produce documents before the Secretary 
concerned. Any failure to obey such order of the court may 
be punished by such court as contempt thereof and subject 
to a penalty of up to $10,000 a day. 
(d) ENTRY AND ACCESS.—Without advance notice 
and upon presentation of appropriate credentials, the Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, or any authorized representative thereof— 
(1) shall have the right of entry to, upon, or 
through the site of any claim, mineral activities, or 
any premises in which any records required to be 
maintained under this Act are located; 
(2) may at reasonable times, and without delay, 
have access to records, inspect any monitoring 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
108 
equipment, or review any method of operation re-
quired under this Act; 
(3) may engage in any work and do all things 
necessary or expedient to implement and administer 
the provisions of this Act; 
(4) may, on any mining claim located under the 
general mining laws and maintained in compliance 
with this Act, and without advance notice, stop and 
inspect any motorized form of transportation that 
such Secretary has probable cause to believe is car-
rying locatable minerals, concentrates, or products 
derived therefrom from a claim site for the purpose 
of determining whether the operator of such vehicle 
has documentation related to such locatable min-
erals, concentrates, or products derived therefrom as 
required by law, if such documentation is required 
under this Act; and 
(5) may, if accompanied by any appropriate law 
enforcement officer, or an appropriate law enforce-
ment officer alone, stop and inspect any motorized 
form of transportation which is not on a claim site 
if he or she has probable cause to believe such vehi-
cle is carrying locatable minerals, concentrates, or 
products derived therefrom from a claim site on 
Federal lands or allocated to such claim site. Such 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
109 
inspection shall be for the purpose of determining 
whether the operator of such vehicle has the docu-
mentation required by law, if such documentation is 
required under this Act. 
SEC. 516. MULTIPLE MINERAL DEVELOPMENT AND SUR-
FACE RESOURCES. 
The provisions of sections 4 and 6 of the Act of Au-
gust 13, 1954 (30 U.S.C. 524 and 526), commonly known 
as the Multiple Minerals Development Act, and the provi-
sions of section 4 of the Act of July 23, 1955 (30 U.S.C. 
612), shall apply to all mining claims located under the 
general mining laws and maintained in compliance with 
such laws and this Act. 
SEC. 517. MINERAL MATERIALS. 
(a) DETERMINATIONS.—Section 3 of the Act of July 
23, 1955 (30 U.S.C. 611), is amended 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: 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS