shall be published in the Federal Register, subject to the pro-
visions of section 207. 
(b) PUBLIC COMMENT PERIOD.—The agency shall pro-
vide a period of not less than 90 days after publication in 
the Federal Register for comments on the Proposal Docu-
ment. A reasonable extension shall be granted upon request 
of not less than 30 days by any member of any of the af-
fected Indian Tribal governing bodies or a stakeholder. 
(c) PRELIMINARY DECISION.—After expiration of the 
comment period, the agency shall prepare a preliminary 
decision letter, signed by the head of the agency. The letter 
shall state the decision to proceed or not proceed with the 
mineral activity, the decision’s rationale, any changes in 
the proposal made in response to comments, and any points 
where the decision conflicts with the expressed requests of 
any of the affected Indian Tribes or stakeholders. It shall 
particularly address why the decision was made to dis-
regard any such requests. The agency shall mail and, if pos-
sible, email a copy of the letter to all affected Indian Tribes 
and stakeholders, including those that withdrew from the 
process. At a minimum, the letter shall go to the Tribal 
leader, all members of the Tribal governing body, and stake-
holders. The agency shall follow up to confirm receipt of 
the letter. 
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(d) FINAL DECISION.—The agency shall provide a 60- 
day period following the issuance of the preliminary deci-
sion letter for response by the affected Indian Tribes and 
stakeholders. Thereafter, the agency shall notify in writing, 
signed by the head of the agency, the affected Indian Tribes 
and stakeholders, including those that withdrew from the 
process, of the agency’s final decision. 
SEC. 205. DOCUMENTATION AND REPORTING. 
(a) OFFICIAL CONSULTATION RECORD.—The agency 
shall keep an official consultation record that allows accu-
rate tracking of the process so that agencies and consulting 
parties can correct any errors or omissions, and provides 
an official record of the process that can be referred to in 
any litigation that may arise. The agency shall document 
all efforts to initiate consultation as well as documenting 
the process once it has begun. Such documentation, includ-
ing correspondence, telephone logs, and emails, shall be in-
cluded in the agency’s official consultation record. The 
agency shall also keep notes so that the consultation record 
documents the content of consultation meetings, site visits, 
and phone calls in addition to information about dates and 
who participated. 
(b) PAYMENT FOR TRIBAL DOCUMENTATION WORK.— 
If the agency asks an Indian Tribe for specific information 
or documentation regarding the location, nature, and con-
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dition of individual sites, to conduct a survey, or in any 
way fulfill the duties of the agency in a role similar to that 
of a consultant or contractor, then the agency must pay 
for such services, if so requested by the Indian Tribe, as 
it would for any private consultant or contractor. An In-
dian Tribe may select a contractor to perform such work 
on its behalf, to be paid for by the agency. 
(c) REPORT TO CONGRESS.—Each agency shall on a 
biennial basis submit to Congress a report on its consulta-
tion activities. 
SEC. 206. IMPLEMENTATION. 
Not later than 30 days after the date of the enactment 
of this Act, the head of each agency shall designate an offi-
cial with principal responsibility for the agency’s review 
of existing consultation and coordination policies and pro-
cedures, and implementation of this Act. Not later than 60 
days after the effective date of this order, the designated offi-
cial shall submit to the Office of Management and Budget 
a description of the agency’s revised consultation process 
in conformity with this Act. 
SEC. 207. SENSITIVE TRIBAL INFORMATION. 
(a) CLOSED MEETINGS.—Notwithstanding any provi-
sion of the Administrative Procedures Act, consultation 
meetings shall be closed to the public at the request of the 
Indian Tribal Government. 
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(b) SENSITIVE INFORMATION.—Notwithstanding any 
provision of section 552 of title 5, United States Code (com-
monly known as the Freedom of Information Act), the Ad-
ministrative Procedures Act, or any other applicable laws 
or regulations, all information designated by the Indian 
Tribe as sensitive, such as the location of sacred sites or 
other details of cultural or religious practices, shall be de-
leted from any public publication made as part of the con-
sultation process or in the process of carrying out the activ-
ity. 
(c) LIMITED INFORMATION ACCESS.—The agency, in 
consultation with the Indian Tribe or such Tribe’s designee, 
shall determine who may have access to the information for 
the purposes of carrying out the mineral activity. 
(d) INDIVIDUAL ALLOTMENTS.—Instances where sa-
cred sites are located on individual allotments or public do-
main allotments shall be addressed on a case-by-case basis 
and shall involve the allottees. 
(e) SACRED SITES.—The location and uses of a sacred 
site shall be protected in accordance with this provision and 
section 111. 
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TITLE 
III—ENVIRONMENTAL 
CONSIDERATIONS 
OF 
MIN-
ERAL EXPLORATION AND DE-
VELOPMENT 
SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON 
FEDERAL LAND. 
Notwithstanding section 302(b) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1732(b)), 
the first section of the Act of June 4, 1897 (chapter 2; 30 
Stat. 36; 16 U.S.C. 478), and the National Forest Manage-
ment Act of 1976 (16 U.S.C. 1600 et seq.), and in accord-
ance with this title and applicable law, unless expressly 
stated otherwise in this Act, the Secretary shall ensure that 
mineral activities on any Federal land that is subject to 
a mining claim, millsite claim, tunnel site claim, or any 
authorization issued under title I of this Act are carefully 
controlled to prevent undue degradation of public lands and 
resources. 
SEC. 302. PERMITS. 
(a) PERMITS REQUIRED.—No person may engage in 
mineral activities on Federal land that may cause a dis-
turbance of surface resources, including land, air, ground 
water and surface water, and fish and wildlife, unless a 
permit was issued to such person under this title author-
izing such activities. 
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(b) 
NEGLIGIBLE
DISTURBANCE.—Notwithstanding 
subsection (a), a permit under this title shall not be re-
quired for mineral activities that are a casual use of the 
Federal land. 
(c) COORDINATION WITH NATIONAL ENVIRONMENTAL 
POLICY ACT PROCESS.—The Secretary and the Secretary 
of Agriculture shall conduct the permit processes under this 
Act in accordance with the timing and other requirements 
under section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332). To the extent practicable, 
the Secretary and Secretary of Agriculture shall coordinate 
the permit process. 
SEC. 303. EXPLORATION PERMIT. 
(a) AUTHORIZED EXPLORATION ACTIVITY.—Any ap-
plicant may apply for an exploration permit for any min-
ing claim, license, or lease authorizing the applicant to re-
move a reasonable amount of the hardrock minerals, as de-
fined in the license or lease or established in such regula-
tions as the Secretary shall promulgate, from the area that 
is subject to the claim, license, or lease, respectively, for 
analysis, study, and testing. Such permit shall not author-
ize the applicant to remove any mineral for sale nor to con-
duct any activities other than those required for exploration 
for hardrock minerals and reclamation. 
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(b) PERMIT APPLICATION REQUIREMENTS.—An appli-
cation for an exploration permit under this section shall 
be submitted in a manner satisfactory to the Secretary con-
cerned, and shall contain an exploration plan, a reclama-
tion plan for the proposed exploration, and such docu-
mentation as necessary to ensure compliance with applica-
ble Federal and State environmental laws and regulations. 
(c) RECLAMATION PLAN REQUIREMENTS.—The rec-
lamation plan required to be included in a permit applica-
tion under subsection (b) shall include such provisions as 
may be jointly prescribed by the Secretary and the Sec-
retary of Agriculture by regulations. Such regulations shall, 
at a minimum, require the following: 
(1) The applicant has demonstrated that pro-
posed reclamation can be accomplished. 
(2) The proposed exploration activities and con-
dition of the land after the completion of exploration 
activities and final reclamation will conform with the 
land use plan applicable to the area subject to min-
eral activities. 
(3) The area subject to the proposed permit is 
not included within an area listed in section 111. 
(4) The applicant has demonstrated that the ex-
ploration plan and reclamation plan will be in com-
pliance with the requirements of this Act and all 
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other applicable Federal requirements, and any State 
requirements agreed to by the Secretary concerned. 
(5) The applicant has demonstrated that the re-
quirements of section 306 will be met. 
(6) The applicant is eligible to receive a permit 
under section 305. 
(d) TERM OF PERMIT.—An exploration permit shall 
be for a stated term. The term shall be no greater than that 
necessary to accomplish the proposed exploration, and in 
no case for more than 10 years. 
(e) PERMIT MODIFICATION.—During the term of an 
exploration permit the permit holder may submit an appli-
cation to modify the permit. To approve a proposed modi-
fication to the permit, the Secretary concerned shall make 
the same determinations as are required in the case of an 
original permit, except that the Secretary and the Secretary 
of Agriculture may specify by joint rule the extent to which 
requirements for initial exploration permits under this sec-
tion shall apply to applications to modify an exploration 
permit based on whether such modifications are deemed sig-
nificant or minor. 
(f) TRANSFER, ASSIGNMENT, OR SALE OF RIGHTS.— 
(1) PRIOR WRITTEN APPROVAL.—No transfer, as-
signment, or sale of rights granted by a permit issued 
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under this section shall be made without the prior 
written approval of the Secretary concerned. 
(2) APPROVAL.—Such Secretary shall allow a 
person holding a permit to transfer, assign, or sell 
rights under the permit to a successor, if the Sec-
retary finds in writing that the successor— 
(A) is eligible to receive a permit under sec-
tion 304; 
(B) has submitted evidence of financial as-
surance satisfactory under section 306; and 
(C) meets any other requirements specified 
by the Secretary. 
(3) ASSUMED LIABILITY.—The successor in in-
terest shall assume the liability and reclamation re-
sponsibilities established by the existing permit and 
shall conduct the mineral activities in full compliance 
with this Act, and the terms and conditions of the 
permit as in effect at the time of transfer, assignment, 
or sale. 
(4) FEE.—Each application for approval of a 
permit transfer, assignment, or sale pursuant to this 
subsection shall be accompanied by a fee payable to 
the Secretary of the Interior in such amount as may 
be established by such Secretary. Such amount shall 
be equal to the actual or anticipated cost to the Sec-
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retary or the Secretary of Agriculture, as appropriate, 
of reviewing and approving or disapproving such 
transfer, assignment, or sale, as determined by the 
Secretary of the Interior. 
SEC. 304. OPERATIONS PERMIT. 
(a) OPERATIONS PERMIT.—(1) Any applicant that is 
in compliance with all provisions of this Act may apply 
to the Secretary concerned for an operations permit author-
izing the applicant to carry out mineral activities, other 
than casual use, on— 
(A) any valid mining claim, valid millsite 
claim, valid tunnel site claim, or lease issued under 
this Act; and 
(B) such additional Federal land as the Sec-
retary may determine is necessary to conduct the pro-
posed mineral activities, if the operator obtains a 
right-of-way permit for use of such additional lands 
under title V of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1761 et seq.) and agrees 
to pay all fees required under that title for the permit 
under that title. 
(2) If the Secretary decides to issue such permit, the 
permit shall include such terms and conditions as pre-
scribed by such Secretary to carry out this title. 
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health, the environment, or properties eligible for list-
ing on the National Register of Historic Places. After 
receipt of a complete application for temporary ces-
sation of operations such Secretary shall conduct an 
inspection of the area for which temporary cessation 
of operations has been requested. 
(4) CONDITIONS FOR APPROVAL.—To approve an 
application for temporary cessation of operations, the 
Secretary concerned shall make each of the following 
determinations: 
(A) A determination that the methods for 
securing surface facilities and restricting access 
to the permit area, or relevant portions thereof, 
will effectively protect against hazards to the 
health and safety of the public and fish and 
wildlife or damage to properties eligible for list-
ing on the National Register of Historic Places. 
(B) A determination that reclamation is in 
compliance with the approved reclamation plan, 
except in those areas specifically designated in 
the application for temporary cessation of oper-
ations for which a delay in meeting such stand-
ards is necessary to facilitate the resumption of 
operations. 
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