(B) allow the Secretary to exercise discre-
tion to include nonmineral lands within the 
boundaries of any mill site associated with the 
mining claim to be converted to a noncompeti-
tive lease; 
(C) prohibit the area in any noncompetitive 
mining lease issued under this subsection to ex-
ceed the maximum area authorized by this Act 
to be leased to any person; 
(D) require the consent of the surface man-
aging agency for conversion of a mining claim 
to a noncompetitive mining lease; 
(E) require the fiscal terms of the converted 
noncompetitive mining lease to be the same as 
provided in this Act for other hardrock mining 
leases; 
(F) require compliance with all provisions 
of this Act; and 
(G) include any other terms the Secretary 
considers appropriate. 
(e) NATIONAL ENVIRONMENTAL POLICY ACT.—The 
Secretary is not required to conduct an environmental 
analysis under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) for the issuance of a non-
competitive lease under this section, unless the noncompeti-
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tive lease modifies or extends the surface disturbance al-
ready authorized under a mine plan of operations covering 
the mining claim that is converted. 
SEC. 102. LIMITATION ON PATENTS. 
(a) MINING CLAIMS.— 
(1) DETERMINATIONS REQUIRED.—After the date 
of enactment of this Act, no patent shall be issued by 
the United States for any mining claim located under 
the general mining laws unless the Secretary deter-
mines that, for the claim concerned— 
(A) a patent application was filed with the 
Secretary on or before September 30, 1994; and 
(B) all requirements established under sec-
tions 2325 and 2326 of the Revised Statutes (30 
U.S.C. 29 and 30), in the case of a vein or lode 
claim, or sections 2329, 2330, 2331, and 2333 of 
the Revised Statutes (30 U.S.C. 35, 36, and 37), 
in the case of a placer claim, were fully complied 
with by that date. 
(2) RIGHT TO PATENT.—If the Secretary makes 
the determinations referred to in subparagraphs (A) 
and (B) of paragraph (1) for any mining claim, the 
holder of the claim shall be entitled to the issuance of 
a patent in the same manner and degree to which 
such claim holder would have been entitled to prior 
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to the enactment of this Act, unless such determina-
tions are withdrawn or invalidated by the Secretary 
or by a court of the United States. 
(b) MILLSITE CLAIMS.— 
(1) DETERMINATIONS REQUIRED.—After the date 
of enactment of this Act, no patent shall be issued by 
the United States for any millsite claim located under 
the general mining laws unless the Secretary deter-
mines that for such millsite— 
(A) a patent application for the land sub-
ject to such claim was filed with the Secretary 
on or before September 30, 1994; and 
(B) all requirements applicable to such pat-
ent application were fully complied with before 
that date. 
(2) RIGHT TO PATENT.—If the Secretary makes 
the determinations described in subparagraphs (A) 
and (B) of paragraph (1) for any millsite claim, the 
holder of the claim shall be entitled to the issuance of 
a patent in the same manner and degree to which 
such claim holder would have been entitled to prior 
to the enactment of this Act, unless such determina-
tions are withdrawn or invalidated by the Secretary 
or by a court of the United States. 
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SEC. 103. PROSPECTING LICENSE AND HARDROCK LEASES. 
(a) IN GENERAL.—No person may conduct mineral 
prospecting for commercial purposes for any hardrock min-
eral on Federal lands without a prospecting license or a 
small miners lease. 
(b) PROSPECTING LICENSES.— 
(1) IN
GENERAL.—The Secretary may, under 
such rules and regulations as the Secretary may pre-
scribe and with the concurrence of the relevant surface 
management 
agency, 
grant 
an 
applicant 
a 
prospecting license that shall give the exclusive right 
to prospect for specified hardrock minerals on Federal 
lands for a period of not exceeding two years. 
(2) MAXIMUM AREA.—The area subject to such a 
license shall not exceed 2,560 acres of land, in reason-
ably compact form. 
(3) LICENSE APPLICATION FEE.—The Secretary 
shall charge a fee for each license application to cover 
the costs of processing the license, and the license shall 
be subject to annual rentals equal to $10 per acre per 
year. 
(4) TERMS AND CONDITIONS.—A prospecting li-
cense must conform with the terms and conditions of 
a comprehensive land use plan approved under the 
Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1701 et seq.) or the Forest and Rangeland 
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Renewable Resources Planning Act of 1974 (16 
U.S.C. 1600 et seq.). For areas where a comprehensive 
land use plan treating hardrock mining as a mul-
tiple-use activity has not been completed, the Sec-
retary concerned shall ensure that the land to be cov-
ered by the license is suitable for mineral activities. 
(5) EXTENSION.—A prospecting license may be 
extended for up to an additional four years upon a 
showing by the licensee that the licensee explored with 
reasonable diligence and was unable to determine the 
existence and workability of a valuable deposit cov-
ered by the license, or that the failure to perform dili-
gent prospecting activities was due to conditions be-
yond the licensee’s control. 
(c) NONCOMPETITIVE LEASES.— 
(1) IN GENERAL.—Upon a showing to the satis-
faction of the Secretary by a prospecting licensee 
under subsection (a) that a valuable deposit of a 
hardrock mineral has been discovered by the licensee 
within an area covered by the prospecting license and 
with the consent of the surface agency, the licensee 
shall be entitled to a lease for any or all of the land 
included in the prospecting license, as well as any 
nonmineral lands necessary for processing or milling 
operations, at a royalty of no less than 12.5 percent 
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of the gross value of production of hardrock minerals 
or mineral concentrates or products derived from 
hardrock minerals under the lease. Rentals for such 
lease shall be set by the Secretary at no less than $10 
per acre per year, with rentals paid in any one year 
credited against royalties accruing for that year. The 
recipient of such lease is not entitled to an operations 
permit. 
(2) LEASE PERIOD.— 
(A) IN GENERAL.—A lease under this sec-
tion shall be for a period of 20 years, with the 
right to renew for successive periods of 10 years 
if hardrock minerals are being produced in com-
mercial quantities under the lease. 
(B) EXTENSION DURING NONPRODUCTION.— 
If hardrock minerals are not being produced in 
commercial quantities at the end of the primary 
term or any subsequent term of such a lease, the 
Secretary may issue a 10-year extension of the 
lease in the interest of conservation, reclamation 
maintenance, or upon a successful showing by 
the lessee that the lease cannot be successfully op-
erated at a profit or for other reasons. No more 
than one extension under this subparagraph may 
be issued. 
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(d) CUMULATIVE ACREAGE LIMITATION.—No person 
may take, hold, own, or control at one time, whether ac-
quired directly from the Secretary under this Act or other-
wise, hardrock mining leases or licenses for an aggregate 
of more than 20,480 acres in any one State. 
(e) REDUCTION OF ROYALTY RATE.— 
(1) Subject to paragraph (2), The Secretary— 
(A) may reduce the royalty rate for a lease 
upon a showing by clear and convincing evi-
dence by the person conducting mineral activi-
ties under the lease that production would not 
occur without the reduction in royalty; and 
(B) may reduce royalty and rental rates for 
a lease to encourage exploration for and develop-
ment of hardrock minerals classified as strategic 
and critical by the Department of Energy. 
(2) The Secretary may not reduce the royalty 
rate for a lease pursuant to paragraph (1) to a roy-
alty rate of less than 6.25 percent. 
(f) PROTECTION OF LAND AND OTHER RESOURCES.— 
The Secretary may include in any lease or license issued 
under this Act such provisions as are necessary to ade-
quately protect the lands and other resources in the vicinity 
of the area subject to the lease or license. For land not man-
aged by the Department of the Interior, the Secretary shall 
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consult with the appropriate surface management agency 
in formulating such provisions. 
SEC. 104. COMPETITIVE LEASING. 
(a) IN GENERAL.—Subject to sections 111 and 112, 
Federal lands known to contain valuable deposits of 
hardrock minerals that are not covered by claims, licenses, 
or leases may only be open to hardrock mineral exploration 
or development through competitive leasing by the Secretary 
by such methods the Secretary may adopt by regulation and 
in such areas as the Secretary may determine, including 
nonmineral lands the Secretary considers necessary for 
processing or milling operations. The total area of land sub-
ject to any such lease shall not exceed 2,560 acres. 
(b) TERMS AND REQUIREMENTS.—All terms and re-
quirements for competitive leases under this section shall 
be the same as if the leases were issued noncompetitively 
under section 103(c). 
SEC. 105. SMALL MINERS LEASES. 
(a) IN GENERAL.—The Secretary may issue small 
miners leases to qualified small miners that apply, under 
such rules and regulations as the Secretary may prescribe, 
including conditions to require diligent development of the 
lease and to ensure protection of surface resources and 
groundwater. 
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(b) EXCLUSIVE RIGHT.—A small miners lease shall 
give the leaseholder the exclusive right to prospect for 
hardrock minerals for 3 years on up to 200 acres of contig-
uous or non-contiguous Federal land. 
(c) APPLICATION FEE.—The Secretary shall charge a 
reasonable application fee for such a lease. 
(d) RENTALS.—Rentals for such a lease shall be $5 per 
acre per year for the first 3 years. 
(e) RENEWAL.—Such leases may be renewed for addi-
tional 3-year periods, with no limit, with a $10 per acre 
per year rental charged for renewed leases. 
(f) CHALLENGE.—Any individual may file a challenge 
with the Secretary that a leaseholder is in violation of the 
diligence terms of a small miners lease or does not qualify 
as a small miner. A small miners lease that is under such 
a challenge may not be renewed unless the Secretary has 
determined that the leaseholder is a small miner and is in 
compliance with all the terms of the lease. 
(g) NO ROYALTIES.—No royalties shall be charged for 
commercial production under a small miners lease. 
(h) CONVERSION OF EXISTING CLAIMS.—An existing 
claim, as of January 1, 2019, that belongs to an individual 
that qualifies as a small miner may be converted to a small 
miners lease under the same terms and conditions that 
apply to other small miners leases, except that such lease— 
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(1) shall not be subject to rental during the pri-
mary term of the lease; 
(2) shall be subject to a rental of $5 per acre per 
year for the first 3-year renewal of the lease; and 
(3) shall be subject to a rental of $10 per acre 
per year for any subsequent 3-year renewal of the 
lease. 
(i) LIMITATIONS.—A small miners lease— 
(1) may only be held by the primary leaseholder, 
a spouse thereof, or a direct descendent thereof; 
(2) may not be sold or transferred, other than to 
a spouse or direct descendent of the primary lease-
holder; and 
(3) is subject to all permitting requirements 
under this Act. 
(j) CONVERSION TO HARDROCK MINERAL LEASE.—If, 
with regards to a lease, the leaseholder no longer qualifies 
as a small miner at the time such leaseholder applies for 
a renewal of such lease, such leaseholder shall not be eligible 
to renew the small miners lease, but shall be eligible for 
a noncompetitive hardrock mineral lease issued under sec-
tion 103(c). Notwithstanding section 103(c)(1), royalties 
under such a lease shall only be due on the gross income 
that exceeds the amount of gross income specified in such 
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definition as of the time the hardrock mineral lease is 
issued. 
SEC. 106. LANDS CONTAINING NONHARDROCK MINERALS; 
OTHER USES. 
(a) IN GENERAL.—In issuing licenses and leases under 
this Act for lands that contain deposits of coal or other 
nonhardrock minerals, the Secretary shall reserve to the 
United States such nonhardrock minerals for disposal 
under applicable laws. 
(b) OTHER
USES
OF
LICENSED
AND
LEASED 
LANDS.— 
(1) IN GENERAL.—The Secretary shall promul-
gate regulations to allow for other uses of the lands 
covered by a prospecting license under this Act, in-
cluding leases for other minerals, if such other uses 
would not unreasonably interfere with operations 
under the prospecting license. 
(2) PROSPECTING
LICENSES.—The Secretary 
shall include in such prospecting licenses such terms 
and conditions as the Secretary finds necessary to 
avoid unreasonable interference with other uses occur-
ring on, or other leases of, the licensed lands. 
(3) LEASES.—The Secretary shall include in 
leases under this Act stipulations to allow for simul-
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taneous operations under other leases for the same 
lands. 
SEC. 107. ROYALTY. 
(a) EXISTING PRODUCTION.—Production of hardrock 
minerals on Federal land under an operations permit from 
which valuable hardrock minerals were produced in com-
mercial quantities before the date of the enactment of this 
Act, other than production under a small miners lease, shall 
be subject to a royalty established by the Secretary at no 
less than 8 percent of the gross value of such production, 
or of mineral concentrates or products derived from 
hardrock minerals. Any Federal land added through a plan 
modification to an operations permit on Federal land that 
is submitted after the date of enactment of this Act shall 
be subject to a royalty established by the Secretary for such 
lease of no less than 12.5 percent of the gross value of pro-
duction of hardrock minerals, or mineral concentrates or 
products derived from hardrock minerals. 
(b) LIABILITY.—The claim or leaseholder, or any oper-
ator to whom the claim or lease holder has assigned the 
obligation to make royalty payments under the claim or 
lease and any person who controls such claim or lease hold-
er or operator, shall be liable for payment of such royalties. 
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(c) DISPOSITION.—Of the revenues collected under this 
title, including rents, royalties, claim maintenance fees, in-
terest charges, fines, and penalties— 
(1) 25 percent shall be paid to the State within 
the boundaries of which the leased, licensed, or 
claimed lands, or operations subject to such interest 
charges, fines, or penalties are or were located; and 
(2) the remainder shall be deposited in the ac-
count established under section 401. 
(d) DUTIES OF CLAIM OR LEASE HOLDERS, OPERA-
TORS, AND TRANSPORTERS.— 
(1) REGULATION.—The Secretary shall prescribe 
by rule the time and manner in which— 
(A) a person who is required to make a roy-
alty payment under this section shall make such 
payment; and 
(B) shall notify the Secretary of any assign-
ment that such person may have made of the ob-
ligation to make any royalty or other payment 
under a mining claim or lease under this title. 
(2) WRITTEN INSTRUMENT.—Any person paying 
royalties under this section shall file a written instru-
ment, together with the first royalty payment, affirm-
ing that such person is responsible for making proper 
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payments for all amounts due for all time periods for 
which such person has a payment responsibility. 
(3) ADDITIONAL AMOUNTS.—Such responsibility 
for the periods referred to in paragraph (2) shall in-
clude any and all additional amounts billed by the 
Secretary and determined to be due by final agency 
or judicial action. 
(4) JOINT AND SEVERAL LIABILITY.—Any person 
liable for royalty payments under this section who as-
signs any payment obligation shall remain jointly 
and severally liable for all royalty payments due for 
the period. 
(5) OBLIGATIONS.—A person conducting mineral 
activities shall— 
(A) develop and comply with the site secu-
rity provisions in the operations permit designed 
to protect from theft the hardrock minerals, con-
centrates, or products derived therefrom that are 
produced or stored on the area subject to a min-
ing claim or lease, and such provisions shall con-
form with such minimum standards as the Sec-
retary may prescribe by rule, taking into ac-
count the variety of circumstances on areas sub-
ject to mining claims and leases; and 
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(B) not later than the 5th business day after 
production begins anywhere on an area subject 
to a mining claim or lease, or production re-
sumes after more than 90 days after production 
was suspended, notify the Secretary, in the man-
ner prescribed by the Secretary, of the date on 
which such production has begun or resumed. 
(6) REQUIRED DOCUMENTATION.—The Secretary 
may by rule require any person engaged in trans-
porting a hardrock mineral, concentrate, or product 
derived therefrom to carry on his or her person, in his 
or her vehicle, or in his or her immediate control, doc-
umentation showing, at a minimum, the amount, ori-
gin, and intended destination of the hardrock min-
eral, concentrate, or product derived therefrom in 
such circumstances as the Secretary determines is ap-
propriate. 
(e) RECORDKEEPING
AND
REPORTING
REQUIRE-
MENTS.— 
(1) IN GENERAL.—A claim or lease holder, oper-
ator, or other person directly involved in developing, 
producing, processing, transporting, purchasing, or 
selling hardrock minerals, concentrates, or products 
derived therefrom, subject to this Act, through the 
point of royalty computation shall establish and 
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maintain any records, make any reports, and provide 
any information that the Secretary may reasonably 
require for the purposes of implementing this section 
or determining compliance with rules or orders under 
this section. Such records shall include periodic re-
ports, records, documents, and other data. Such re-
ports may also include pertinent technical and finan-
cial data relating to the quantity, quality, composi-
tion volume, weight, and assay of all minerals ex-
tracted from the mining claim or lease. 
(2) AVAILABILITY FOR INSPECTION.—Upon the 
request of any officer or employee duly designated by 
the Secretary conducting an audit or investigation 
pursuant to this section, the appropriate records, re-
ports, or information that may be required by this 
section shall be made available for inspection and du-
plication by such officer or employee. 
(3) FORFEITURE.—Failure by a claim or lease 
holder, operator, or other person referred to in the 
first sentence to cooperate with such an audit, provide 
data required by the Secretary, or grant access to in-
formation may, at the discretion of the Secretary, re-
sult in involuntary forfeiture of the claim or lease. 
(4) MAINTENANCE
OF
RECORDS.—Records re-
quired by the Secretary under this section shall be 
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maintained for 7 years after release of financial as-
surance under section 306 unless the Secretary noti-
fies the operator that the Secretary has initiated an 
audit or investigation involving such records and that 
such records must be maintained for a longer period. 
In any case when an audit or investigation is under-
way, records shall be maintained until the Secretary 
releases the operator of the obligation to maintain 
such records. 
(f) AUDITS.—The Secretary is authorized to conduct 
such audits of all claim or lease holders, operators, trans-
porters, purchasers, processors, or other persons directly or 
indirectly involved in the production or sale of minerals 
covered by this Act, as the Secretary deems necessary for 
the purposes of ensuring compliance with the requirements 
of this section. For purposes of performing such audits, the 
Secretary shall, at reasonable times and upon request, have 
access to, and may copy, all books, papers and other docu-
ments that relate to compliance with any provision of this 
section by any person. 
(g) COOPERATIVE AGREEMENTS.— 
(1) IN GENERAL.—The Secretary is authorized to 
enter into cooperative agreements with the Secretary 
of Agriculture to share information concerning the 
royalty management of hardrock minerals, con-
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centrates, or products derived therefrom, to carry out 
inspection, auditing, investigation, or enforcement 
(not including the collection of royalties, civil or 
criminal penalties, or other payments) activities 
under this section in cooperation with the Secretary, 
and to carry out any other activity described in this 
section. 
(2) SECRETARY
OF
AGRICULTURE.—Except as 
provided in paragraph (3), and pursuant to a cooper-
ative agreement, the Secretary of Agriculture shall, 
upon request, have access to all royalty accounting in-
formation in the possession of the Secretary respecting 
the production, removal, or sale of hardrock minerals, 
concentrates, or products derived therefrom from 
claims or leases on lands open to location under this 
Act. 
(3) TRADE
SECRETS.—Trade secrets, propri-
etary, and other confidential information protected 
from disclosure under section 552 of title 5, United 
States Code, shall be made available by the Secretary 
to other Federal agencies as necessary to assure com-
pliance with this Act and other Federal laws. The 
Secretary, the Secretary of Agriculture, the Adminis-
trator of the Environmental Protection Agency, and 
other Federal officials shall ensure that such informa-
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tion is provided protection in accordance with the re-
quirements of that section. 
(h) INTEREST AND SUBSTANTIAL UNDERREPORTING 
ASSESSMENTS.— 
(1) PAYMENTS NOT RECEIVED.—In the case of 
mining claims or leases where royalty payments are 
not received by the Secretary on the date that such 
payments are due, the Secretary shall charge interest 
on such underpayments at the same interest rate as 
the rate applicable under section 6621(a)(2) of the In-
ternal Revenue Code of 1986. In the case of an under-
payment, interest shall be computed and charged only 
on the amount of the deficiency and not on the total 
amount. 
(2) UNDERREPORTING.—If there is any under-
reporting of royalty owed on production from a claim 
or lease for any production month by any person lia-
ble for royalty payments under this section, the Sec-
retary shall assess a penalty of not greater than 25 
percent of the amount of that underreporting. 
(3) 
SELF-REPORTING.—The 
Secretary 
may 
waive or reduce the assessment provided in paragraph 
(2) of this subsection if the person liable for royalty 
payments under this section corrects the under-
reporting before the date such person receives notice 
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from the Secretary that an underreporting may have 
occurred, or before 90 days after the date of the enact-
ment of this section, whichever is later. 
(4) WAIVER.—The Secretary shall waive any 
portion of an assessment under paragraph (2) of this 
subsection attributable to that portion of the under-
reporting for which the person responsible for paying 
the royalty demonstrates that— 
(A) such person had written authorization 
from the Secretary to report royalty on the value 
of the production on basis on which it was re-
ported; 
(B) such person had substantial authority 
for reporting royalty on the value of the produc-
tion on the basis on which it was reported; 
(C) such person previously had notified the 
Secretary, in such manner as the Secretary may 
by rule prescribe, of relevant reasons or facts af-
fecting the royalty treatment of specific produc-
tion which led to the underreporting; or 
(D) such person meets any other exception 
which the Secretary may, by rule, establish. 
(5) DEFINITION.—For the purposes of this sub-
section, the term ‘‘underreporting’’ means the dif-
ference between the royalty on the value of the produc-
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tion that should have been reported and the royalty 
on the value of the production which was reported, if 
the value that should have been reported is greater 
than the value that was reported. 
(6) 
HARDROCK
MINERALS
RECLAMATION 
FUND.—All penalties collected under this subsection 
shall be deposited in the Hardrock Minerals Reclama-
tion Fund established by this Act. 
(i) EXPANDED ROYALTY OBLIGATIONS.—Each person 
liable for royalty payments under this section shall be joint-
ly and severally liable for royalty on all hardrock minerals, 
concentrates, or products derived therefrom lost or wasted 
from a mining claim or lease when such loss or waste is 
due to negligence on the part of any person or due to the 
failure to comply with any rule, regulation, or order issued 
under this section. 
(j) GROSS INCOME FROM MINING DEFINED.—For the 
purposes of this section, for any hardrock mineral, the term 
‘‘gross income from mining’’ has the same meaning as the 
term ‘‘gross income’’ in section 613(c) of the Internal Rev-
enue Code of 1986. 
(k) EFFECTIVE DATE.—Royalties under this Act shall 
take effect with respect to the production of hardrock min-
erals after the enactment of this Act, but any royalty pay-
ments attributable to production during the first 12 cal-
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endar months after the enactment of this Act shall be pay-
able at the expiration of such 12-month period. 
(l) FAILURE TO COMPLY WITH ROYALTY REQUIRE-
MENTS.—Any person who fails to comply with the require-
ments of this section or any regulation or order issued to 
implement this section shall be liable for a civil penalty 
under section 109 of the Federal Oil and Gas Royalty Man-
agement Act (30 U.S.C. 1719) to the same extent as if the 
claim or lease maintained in compliance with this Act were 
a lease under such Act. 
SEC. 108. EXISTING PRODUCTION. 
The holder of a mining claim located or converted 
under this Act for which mineral activities have already 
commenced under an approved plan of operations as of the 
date of enactment of this Act shall have the exclusive right 
of possession and use of the claimed land for mineral activi-
ties, including the right of ingress and egress to such 
claimed lands for such activities, subject to the rights of the 
United States under this Act and other applicable Federal 
law. Such rights of the claim holder shall terminate upon 
completion of mineral activities on such lands to the satis-
faction of the Secretary. 
SEC. 109. HARDROCK MINING CLAIM MAINTENANCE FEE. 
(a) FEE.— 
(1) IN GENERAL.— 
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(A) REQUIRED FEES.—Except as provided 
in section 2511(e)(2) of the Energy Policy Act of 
1992 (30 U.S.C. 242), or as otherwise provided 
in this Act, for each unpatented mining claim, 
mill, or tunnel site on federally owned lands, 
whether located before or on the date of enact-
ment of this Act, each claimant shall pay to the 
Secretary, on or before August 31 of each year, 
a claim maintenance fee of $200 per claim to 
hold such unpatented mining claim, mill or tun-
nel site for the assessment year beginning at 
noon on the next day, September 1. Such claim 
maintenance fee shall be in lieu of the assessment 
work requirement contained in the Mining Law 
of 1872 (30 U.S.C. 28 et seq.) and the related fil-
ing requirements contained in section 314 (a) 
and (c) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1744 (a) and (c)). 
(B) FEE ADJUSTMENTS.—Any adjustment 
to the fees under this subsection under section 
502 shall begin to apply the calendar year fol-
lowing the calendar year in which such adjust-
ment is made. 
(C) EXCEPTION FOR SMALL MINERS.—Sub-
paragraph (A) and the assessment work require-
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ment contained in the Mining Law of 1872 (30 
U.S.C. 28 et seq.) shall not apply with respect to 
any claim held by a small miner. 
(2) Moneys received under this subsection that 
are not otherwise allocated for the administration of 
the mining laws by the Department of the Interior 
shall be deposited in the Hardrock Minerals Reclama-
tion Fund established by section 401. 
(b) CO-OWNERSHIP.—The co-ownership provisions of 
the Mining Law of 1872 (30 U.S.C. 28 et seq.) shall remain 
in effect except that the annual claim maintenance fee, 
where applicable, shall replace applicable assessment re-
quirements and expenditures. 
(c) FAILURE TO PAY.—Failure to pay the claim main-
tenance fee as required by subsection (a) shall conclusively 
constitute a forfeiture of the unpatented mining claim, mill 
or tunnel site by the claimant and the claim shall be deemed 
null and void by operation of law. 
(d) OTHER REQUIREMENTS.— 
(1) REQUIRED FILINGS.—Nothing in this section 
shall change or modify the requirements of section 
314(b) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1744(b)), or the requirements 
of section 314(c) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1744(c)) related 
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to filings required by section 314(b), which remain in 
effect. 
(2) MINING LAW OF 1872.—Section 2324 of the 
Revised Statutes of the United States (30 U.S.C. 28) 
is amended by inserting ‘‘or section 103(a) of the 
Hardrock Leasing and Reclamation Act of 2019’’ 
after ‘‘Act of 1993’’. 
SEC. 110. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY 
OF CLAIMS. 
Except as otherwise provided in section 101, timely 
payment of the claim maintenance fee required by section 
109 or any related law relating to the use of Federal land, 
asserts the claimant’s authority to use and occupy the Fed-
eral land concerned for prospecting and exploration, con-
sistent with the requirements of this Act and other applica-
ble law. 
SEC. 111. PROTECTION OF SPECIAL PLACES. 
(a) PROTECTION OF NATIONAL PARK SYSTEM UNITS 
AND NATIONAL MONUMENTS.—No permit shall be issued 
under this Act that authorizes mineral activities that would 
impair the land or resources of a unit of the National Park 
System or a national monument. For purposes of this sub-
section, the term ‘‘impair’’ includes any diminution of the 
affected land including wildlife, scenic assets, water re-
sources, air quality, and acoustic qualities, or other changes 
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that would impair a citizen’s experience at the National 
Park System unit or a national monument. 
(b) PROTECTION OF CONSERVATION AREAS.—In order 
to protect the resources and values of National Conservation 
System units, the Secretary, as appropriate, shall utilize 
authority under this Act and other applicable law to the 
fullest extent necessary to prevent mineral activities that 
could have an adverse impact on the resources or values 
for which such units were established. 
(c) LANDS NOT OPEN TO MINING.—Notwithstanding 
any other provision of law and subject to valid existing 
rights, no hardrock mining activity shall be allowed in any 
of the following: 
(1) Sacred sites. 
(2) Wilderness study areas. 
(3) Designated critical habitat. 
(4) Areas of critical environmental concern. 
(5) Units of the National Conservation System. 
(6) Areas designated for inclusion in the Na-
tional Wild and Scenic Rivers System pursuant to 
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
seq.), areas designated for potential addition to such 
system pursuant to section 5(a) of that Act (16 
U.S.C. 1276(a)), and areas determined to be eligible 
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for inclusion in such system pursuant to section 5(d) 
of such Act (16 U.S.C. 1276(d)). 
(7) Inventoried Roadless Areas under the 
Roadless Area Conservation Rule, part 294 of title 36, 
Code of Federal Regulations, Colorado Roadless 
Areas, or Idaho Roadless Areas. 
SEC. 112. SUITABILITY DETERMINATION. 
(a) IN GENERAL.—The Secretary concerned shall make 
each determination of whether lands are suitable for min-
eral activities that is otherwise required by this Act, in ac-
cordance with subsection (b). 
(b) SUITABILITY.— 
(1) IN GENERAL.—The Secretary concerned shall 
consider lands suitable for mineral activities if the 
Secretary concerned finds that such activities would 
not result in undue degradation to a special char-
acteristic described in paragraph (2) that cannot be 
prevented by the imposition of conditions in the per-
mit required for such activities under title III. 
(2) SPECIAL
CHARACTERISTICS.—For purposes 
of paragraph (1) the Secretary concerned shall con-
sider each of the following to be a special char-
acteristic: 
(A) The existence of a significant water re-
source or supply in or associated with such 
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lands, including any aquifer or aquifer recharge 
area. 
(B) The presence on such lands, or any ad-
jacent land, of a publicly owned place that is 
listed on, or determined by the Secretary of the 
Interior to be eligible for listing on, the National 
Register of Historic Places. 
(C) The designation of all or any portion of 
such lands, or any adjacent land, as a National 
Conservation System unit. 
(D) The designation of all or any portion of 
such lands, or any adjacent land, as critical 
habitat under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.). 
(E) The designation of all or any portion of 
such lands, or any adjacent land, as a class I 
area under section 162 of the Clean Air Act (42 
U.S.C. 7472). 
(F) The presence of such other resource val-
ues as the Secretary concerned may by rule 
specify, determined based upon field testing, 
evaluation, or credible information that verifies 
such values. 
(G) The designation of such lands, or adja-
cent land, as a Research Natural Area. 
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(H) The presence on such lands, or any ad-
jacent land, of a sacred site. 
(I) The presence or designation of such 
lands adjacent to lands not open to mining pur-
suant to section 111. 
(3) A determination under this subsection of 
suitability for mineral activities shall be made after 
publication of notice and an opportunity for submis-
sion of public comment for a period of not less than 
60 days. 
(4) Any determination made in accordance with 
this subsection with respect to lands shall be incor-
porated into each Federal land use plan applicable to 
such lands, at the time such plan is adopted, revised, 
or significantly amended pursuant to any Federal 
law other than this Act. 
(c) CHANGE
REQUEST.—The Secretary concerned 
shall, by rule, provide for an opportunity for any person 
to request a change in determination for any Federal land 
found suitable under subsection (a). 
(d) EXISTING OPERATIONS.—Nothing in this section 
shall be construed as affecting lands on which mineral ac-
tivities were being conducted on the date of enactment of 
this Act under an approved plan of operations or under 
notice. 
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TITLE II—CONSULTATION 
PROCEDURE 
SEC. 201. REQUIREMENT FOR CONSULTATION. 
(a) SCOPE.—Agencies shall ensure meaningful and 
timely consultation with Indian Tribes and Tribal officials 
prior to undertaking any mineral activities that may have 
substantial direct, indirect, or cumulative impacts on— 
(1) the lands, including allotted, ceded, or tradi-
tional lands, or interests of an Indian Tribe or a 
member of an Indian Tribe; 
(2) any part of any Federal land that shares a 
border with Indian country, as such term is defined 
in section 1151 of title 18, United States Code; 
(3) the relationship between the Federal Govern-
ment and an Indian Tribe; or 
(4) the distribution of power and responsibilities 
between the Federal Government and an Indian 
Tribe. 
(b) MULTIAGENCY MINERAL ACTIVITIES.—If more 
than one agency is involved in a mineral activity, some 
or all of the agencies may designate a lead agency, which 
shall be responsible for fulfilling the consultation required 
under subsection (a). an agency that does not designate a 
lead agency shall remain individually responsible for the 
consultation required under subsection (a). All agencies in-
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volved in the mineral activity shall remain involved in and 
engaged with the consultation process regardless of whether 
or not a lead agency has been designated. 
(c) LIMITATION.—Nothing in this Act shall exempt an 
agency from additional consultation required under any 
other law or from taking any other consultative actions as 
required by any other law or agency prerogative in addition 
to those required by this Act. Nor does it preclude an agency 
from additional consultation that complies with agency reg-
ulations for consultation, advances agency consultation 
practices, or supports agency efforts to build or strengthen 
government-to-government relationships with an Indian 
Tribe. 
(d) TEMPORARY WAIVER.— 
(1) IN GENERAL.—The agency may temporarily 
waive the requirements of this title in all or any por-
tion of any emergency area during all or any portion 
of an emergency period. 
(2) DURATION OF WAIVER.—A temporary waiver 
under this subsection shall end upon the termination 
of the applicable emergency period. 
(3) DEFINITIONS.—For the purposes of this sub-
section— 
(A) the term ‘‘emergency area’’ means a 
geographical area in which there exists an emer-
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gency or disaster declared by the President pur-
suant to the National Emergencies Act (50 
U.S.C. 1601 et seq.) or the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.); and 
(B) the term ‘‘emergency period’’ means the 
period during which there exists an emergency or 
disaster declared by the President pursuant to 
the National Emergencies Act (50 U.S.C. 1601 et 
seq.) or the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 
et seq.). 
SEC. 202. TIMING. 
Consultation under sections 203 and 204 shall be com-
pleted before any Federal funds are expended for the min-
eral activity and before the issuance of any license. 
SEC. 203. SCOPING STAGE CONSULTATION. 
(a) PLANNING DOCUMENT.—As early as possible in the 
planning stage of a mineral activity, the agency shall com-
pile a draft of the scope of the project. The agency shall 
make a reasonable and good faith effort, consistent with sec-
tion 800.4(b)(1) of title 36, Code of Federal Regulations, 
as such regulation was in effect on July 6, 2004, to identify 
areas that contain sites important to Indian Tribes whether 
or not such sites are explicitly known to the agency. The 
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agency shall make a reasonable and good faith effort to 
identify any geographic areas important to Indian Tribes 
that might be affected and any other anticipated impacts 
to Tribal interests. 
(b) INITIAL CONSULTATION CONTACT.—The agency— 
(1) shall send, via United States mail and, if 
possible, email, a copy of the planning document and 
a letter requesting consultation meetings to the rel-
evant Tribal Government officials, including the Trib-
al leader and all members of any elected Tribal gov-
erning body, relevant Tribal governmental agencies 
(including the Tribal Historic Preservation Officer or 
cultural resource manager), owners of individual al-
lotments, other stakeholders identified by the Tribe, 
and relevant non-Tribal stakeholders (including the 
State Historic Preservation Officer and local govern-
ments that have jurisdiction on any affected land via 
agreement with the agency); and 
(2) shall follow up with phone calls to confirm 
receipt of the documents by all intended recipients. 
(c) CONSULTATION MEETING ARRANGEMENTS.—The 
agency shall negotiate with the affected Indian Tribes to 
determine the time, place, agenda, travel funds, facilitator, 
format, and goals of a consultation meeting. The agency 
shall keep thorough documentation of all steps taken to con-
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tact and engage the affected Indian Tribes in consultation. 
If, after a good faith effort, the agency fails to engage the 
affected Indian Tribes, it may terminate its scoping stage 
consultation efforts by providing all consultation partners 
with a written notification and explanation for its decision 
to end scoping stage consultation efforts, signed by the head 
of the agency, and proceed to the decision stage procedures 
described in section 204. A good faith effort to consult must 
involve consistent and sustained efforts to contact and en-
gage with the appropriate-level officials via the available 
channels of communication (United States mail, e-mail, 
and telephone). 
(d) SCOPING STAGE CONSULTATION MEETING.—A 
scoping stage consultation meeting shall begin with con-
firmation of the format, facilitator, and agenda, with ade-
quate time scheduled for introductions and for interaction 
throughout the meeting among participants. Whenever pos-
sible, Tribal stakeholders (such as allottees or interested 
Tribal members) shall be brought into the on-going plan-
ning process directly by forming ad hoc workgroups (in-
cluding Tribal leaders or their designees) and, if appro-
priate, initiating a process for consensual development of 
regulations, such as negotiated rulemaking. A scoping stage 
consultation meeting shall conclude with planning for the 
next meeting, if necessary. 
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(e) TERMINATION OF SCOPING STAGE CONSULTATION 
WITH A MEMORANDUM OF AGREEMENT.— 
(1) TERMINATION.—Except as provided by sub-
section (c), scoping stage consultation shall terminate 
upon the execution of a memorandum of agreement 
signed by the head of the agency and the affected In-
dian Tribes. 
(2) SIGNATORIES.—The affected Indian Tribes 
and the agency may jointly invite additional parties 
to be signatories of the memorandum of agreement. 
The signatories have sole authority to execute, amend, 
or terminate the memorandum of agreement. If any 
signatory determines that the terms of the memo-
randum of agreement cannot be carried out, the sig-
natories shall consult to seek amendment of the memo-
randum of agreement. If the memorandum of agree-
ment is not amended, any signatory may terminate 
the agreement, and the process will return to scoping 
stage consultation. The agency shall provide all non-
signatory consulting partners with the opportunity to 
submit a written statement, explanation, or comment 
on the consultation proceedings that shall become part 
of the agency’s official consultation record. 
(3) MEMORANDUM OF AGREEMENT.—The memo-
randum of agreement— 
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(A) may address multiple activities if— 
(i) the activities are similar and repet-
itive or are multistate or regional in scope, 
or where routine management activities are 
undertaken at Federal installations, facili-
ties, or other land management units; and 
(ii) the scope of the activities is clearly 
delineated; 
(B) may establish standard processes for 
certain 
categories 
of 
activities 
determined 
through consultation and defined in the memo-
randum of agreement; 
(C) shall include a provision for monitoring 
and reporting on its implementation; 
(D) shall include provisions for termination 
or reconsideration if the activity has not been 
completed within a specified time; 
(E) shall include provisions to address new 
discoveries, which may include halting the activ-
ity and returning to scoping stage consultation; 
(F) shall include provisions to address 
changes or modifications to the scope or nature 
of the activity, impacts or conditions of the 
project or site; 
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(G) may incorporate relevant Tribal laws, 
standards, regulations, or policies; 
(H) may include provisions for the protec-
tion of culturally sensitive information; and 
(I) shall include provisions to address and 
resolve disputes. 
(f) TERMINATION OF SCOPING STAGE CONSULTATION 
WITHOUT A MEMORANDUM OF AGREEMENT.—The agency 
shall make a good faith effort through sustained interaction 
and collaboration to reach a consensus resulting in a memo-
randum of agreement. If, after a good faith effort and a 
reasonable amount of time given the nature and complex-
ities of the proposed activity and potential impacts, the 
agency determines that further consultation will not be pro-
ductive, it may terminate consultation by providing all 
consultation partners with a written notification and ex-
planation for its decision, signed by the head of the agency, 
and proceed to the decision stage procedures described in 
section 204. Any decision by an agency to terminate con-
sultation must be supported by an adequate documentation 
and evidence of its good faith efforts and the basis for its 
decision. The affected Indian Tribes may at any point de-
cide to terminate consultation. In case of termination by 
either party, the agency shall provide the affected Indian 
Tribes or other affected parties with the opportunity to sub-
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mit a written statement, explanation, or comment on the 
consultation proceedings that will become part of the agen-
cy’s official consultation record. 
SEC. 204. DECISION STAGE PROCEDURES. 
(a) PROPOSAL DOCUMENT.—The agency shall compile 
a document consisting of the plan for the activity, its an-
ticipated impacts to Tribal interests, any memorandum of 
agreement, and any written statements made by consulting 
partners during the scoping stage as described in section 
203. The agency shall include sufficient supporting docu-
mentation to the extent permitted by law and within avail-
able funds to enable any reviewing parties to understand 
its basis. The agency may use documentation prepared to 
comply with other laws to fulfill the requirements of this 
provision to the extent that such documentation is suffi-
ciently pertinent to and focused on the relevant issues as 
to allow reasonable ease of review. The agency shall mail 
and, if possible, email a copy of the Proposal Document 
to all affected Indian Tribes and stakeholders, including 
those that withdrew from the process. At a minimum, the 
document shall go to the Tribal leader, all members of any 
elected Tribal governing body, and stakeholders. The agency 
shall follow up to confirm receipt of the document. After 
these steps have been completed, the Proposal Document 
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(H) the discovery of hazards to public safe-
ty. 
(f) TEMPORARY CESSATION OF OPERATIONS.— 
(1) SECRETARIAL APPROVAL REQUIRED.—An op-
erator conducting mineral activities under an oper-
ations permit in effect under this title may not tem-
porarily cease mineral activities for a period greater 
than 180 days unless the Secretary concerned has ap-
proved such temporary cessation or unless the tem-
porary cessation is permitted under the original per-
mit. 
(2) PREVIOUSLY
ISSUED
OPERATIONS
PER-
MITS.—Any operator temporarily ceasing mineral ac-
tivities for a period greater than 90 days under an 
operations permit issued before the date of the enact-
ment of this Act shall submit, before the expiration of 
such 90-day period, a complete application for tem-
porary cessation of operations to the Secretary con-
cerned for approval unless the temporary cessation is 
permitted under the original permit. 
(3) REQUIRED
INFORMATION.—An application 
for approval of temporary cessation of operations 
shall include such information required under sub-
section (b) and any other provisions prescribed by the 
Secretary concerned to minimize impacts on human 
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