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(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.
(3)(A) If a substantially complete application for ap-
proval of a plan of operations or for a modification of,
or amendment to, a plan of operations had been submitted
by January 5, 1995 and either a scoping document or an
Environmental Assessment prepared for purposes of com-
pliance with the National Environmental Policy Act of
1969 had been published with respect to such plan, modi-
fication, or amendment before the date of the enactment
of this Act but the submitted plan of operations or modi-
fication or amendment had not been approved for mineral
activities on any claim or site referred to in paragraph
(1) prior to such date of enactment, for a period of 5 years
after the effective date of this Act mineral activities at
such claim or site shall be subject to the provisions of law
applicable prior to the enactment of this Act. During such
5-year period, subsequent modifications of, or amend-
ments to, any such plan may be made in accordance with
the provisions of law applicable prior to the enactment of
126
this Act if such subsequent modifications or amendments
are deemed minor by the Secretary concerned. After such
5-year period, the requirements of title II shall apply, sub-
ject to the limitations of section 209. For purposes of this
paragraph, any subsequent modification or amendment
which extends the area covered by the plan (except for
incidental boundary revisions) or which significantly in-
creases the risk of adverse effects on the environment shall
not be subject to this paragraph and shall be subject to
other provisions of this Act.
(B) In order to meet the requirements of title II, the
person conducting mineral activities under a plan of oper-
ations (or modified or amended plan referred to in sub-
paragraph (A)) shall apply for a modification under sec-
tion 203(f) and 204(f) no later than 3 years after the date
of enactment of this Act. During such 5-year period the
provisions of section 404 (relating to inspection and mon-
itoring) and section 407 (relating to enforcement) shall
apply on the basis of the surface management require-
ments 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
127
activities and reclamation may continue in accordance
with the terms of the expired plan until the Secretary
makes an administrative decision on the application.
(4) If a notice or notice of intent had been filed with
the authorized officer in the applicable office of the Bu-
reau of Land Management or the United States Forest
Service (as provided for in the regulations of the Secretary
of the Interior or the Secretary of Agriculture, respec-
tively, in effect prior to the date of enactment of this Act)
prior to the date of enactment this Act, mineral activities
may continue under such notice or notice of intent for a
period of 2 years after the effective date of this Act, after
which time the requirements of title II shall apply, subject
to the limitations of section 209(d)(2). In order to meet
the requirements of title II, the person conducting mineral
activities under such notice or notice of intent must apply
for a permit under section 203 or 204 no later than 18
months after the effective date of this Act, unless such
mineral activities are conducted pursuant to section
202(b). During such 2-year period the provisions of sec-
tion 404 (relating to inspection and monitoring) and 407
(relating to enforcement) shall apply on the basis of the
surface management requirements applicable to such no-
tices prior to the effective date of this Act.
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SEC. 412. CLAIMS SUBJECT TO SPECIAL RULES.
(a) CERTAIN CLAIMS NOT CONVERTED.—Notwith-
standing any other provision of law, except as provided
under subsection (c), an unpatented mining claim referred
to in section 37 of the Mineral Leasing Act (30 U.S.C.
193) shall not be converted under section 104 of this Act
until the Secretary determines that the claim was valid
on the date of enactment of the Mineral Leasing Act of
1920 and has been maintained in compliance with the gen-
eral mining laws.
(b) CONTEST PROCEEDINGS.—As soon as practicable
after the date of enactment of this Act, the Secretary shall
initiate contest proceedings challenging the validity of all
unpatented claims referred to in subsection (a), including
those claims for which a patent application has not been
filed. If a claim is determined to be invalid, the Secretary
shall promptly declare the claim to be null and void. If,
as a result of such proceeding, a claim is determined valid,
the claim shall be converted and thereby become subject
to this Act’s provisions on the date of the completion of
the contest proceeding.
(c) OIL SHALE CLAIMS.—(1) The provisions of sec-
tion 411 shall apply to oil shale claims referred to in sec-
tion 2511(e)(2) of the Energy Policy Act of 1992 (Public
Law 102–486)
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(2) Section 2511(f) of the Energy Policy Act of 1992
(Public Law 102–486) is amended as follows:
(A) Strike ‘‘as prescribed by the Secretary’’.
(B) Insert the following before the period: ‘‘in
the same manner as if such claims were subject to
title II of the Mineral Exploration and Development
Act of 1995’’.
SEC. 413. 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 every 10 years following the
date of enactment of this Act, employing the Consumer
Price Index for all-urban consumers published by the De-
partment of Labor as the basis for adjustment, and round-
ing according to the adjustment process of conditions of
the Federal Civil Penalties Inflation Adjustment Act of
1990 (104 Stat. 890).
SEC. 414. SAVINGS CLAUSE.
(a) SPECIAL APPLICATION OF MINING LAWS.—Noth-
ing in this Act shall be construed as repealing or modify-
ing 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
130
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-
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, or the Solid Waste Dis-
posal Act.
(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 expressly
superseded, modified, amended or repealed by this Act.
Nothing in this Act shall be construed as altering, affect-
ing, amending, modifying, or changing, directly or indi-
rectly, any law which refers to and provides authorities
or responsibilities for, or is administered by, the Environ-
131
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,
and Cosmetic Act, the Motor Vehicle Information and
Cost Savings Act, the Federal Hazardous Substances Act,
the Atomic Energy Act, the Noise Control Act of 1972,
the Solid Waste Disposal Act, the Comprehensive Environ-
mental 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 Prosecution Act of 1990, and the Fed-
eral Facilities Compliance Act of 1992, or any statute con-
taining amendment to any of such Acts. Nothing in this
Act shall be construed as modifying or affecting any provi-
sion of the Native American Graves Protection and Repa-
triation 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-
132
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 within the boundaries of such units that could have
an adverse impact on the resources or values for which
such units were established.
SEC. 415. 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 of the United States Code, in central and sufficient loca-
tions in the county, multi county, and State area of min-
eral activity or reclamation so that such items are conven-
iently available to residents in the area proposed or ap-
proved for mineral activities.
SEC. 416. 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
duties.
133
(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.
(5) Pay witnesses the same fees and mileage as
are paid in like circumstances in the courts of the
United States.
134
(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 any copy any records, inspect any
monitoring equipment or method of operation re-
quired under this Act;
135
(3) may engage in any work and to do all
things necessary or expedient to implement and ad-
minister the provisions of this Act;
(4) may, on any mining claim located or con-
verted under this Act, and without advance notice,
stop and inspect any motorized form of transpor-
tation that he has probable cause to believe is carry-
ing locatable minerals, concentrates, or products de-
rived therefrom from a claim site for the purpose of
determining whether the operator of such vehicle has
documentation related to such locatable minerals,
concentrates, or products derived therefrom as re-
quired 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 may stop and inspect any motor-
ized form of transportation which is not on a claim
site if he has probable cause to believe such vehicle
is carrying locatable minerals, concentrates, or prod-
ucts 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 documentation re-
136
quired by law, if such documentation is required
under this Act.
SEC. 417. LIMITATION ON PATENT ISSUANCE.
(a) MINING CLAIMS.—After January 4, 1995, no pat-
ent shall be issued by the United States for any mining
claim located under the general mining laws or under this
Act unless the Secretary determines that, for the claim
concerned—
(1) a patent application was filed with the Sec-
retary on or before January 4, 1995; and
(2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C.
29 and 30) for vein or lode claims and sections
2329, 2330, 2331, and 2333 of the Revised Statutes
(30 U.S.C. 35, 36, and 37) for placer claims were
fully complied with by that date.
If the Secretary makes the determinations referred to in
paragraphs (1) and (2) 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 to the enactment of this
Act, unless and until such determinations are withdrawn
or invalidated by the Secretary or by a court of the United
States.
137
(b) MILL SITES.—After January 4, 1995, no patent
shall be issued by the United States for any mill site claim
located under the general mining laws unless the Secretary
determines that for the mill site concerned—
(1) a patent application for such land was filed
with the Secretary on or before January 4, 1995;
and
(2) all requirements applicable to such patent
application were fully complied with by that date.
If the Secretary makes the determinations referred to in
paragraphs (1) and (2) for any mill site 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 and until such determinations are withdrawn
or invalidated by the Secretary or by a court of the United
States.
SEC. 418. 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.
138
SEC. 419. MINERAL MATERIALS.
(a) DETERMINATIONS.—Section 3 of the Act of July
23, 1955 (30 U.S.C. 611), is amended as follows:
(1) Insert ‘‘(a)’’ before the first sentence.
(2) Insert ‘‘mineral materials, including but not
limited to’’ after ‘‘varieties of’’ in the first sentence.
(3) Strike ‘‘or cinders’’ and insert in lieu there-
of ‘‘cinders, and clay’’.
(4) Add the following new subsection at the end
thereof:
‘‘(b)(1) Subject to valid existing rights, after the date
of enactment of the Mineral Exploration and Development
Act of 1995, notwithstanding the reference to common va-
rieties in subsection (a) and to the exception to such term
relating to a deposit of materials with some property giv-
ing it distinct and special value, all deposits of mineral
materials referred to in such subsection, including the
block pumice referred to in such subsection, shall be sub-
ject 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
referred to in such subsection, was properly located and
139
maintained under the general mining laws prior to the
date of enactment of the Mineral Exploration and Devel-
opment Act of 1995, and was supported by a discovery
of a valuable mineral deposit within the meaning of the
general mining laws as in effect immediately prior to the
date of enactment of the Mineral Exploration and Devel-
opment Act of 1995 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) insert ‘‘and mineral mate-
rial’’ after ‘‘vegetative’’.
(2) In subsection (c) insert ‘‘and mineral mate-
rial’’ 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.—
(1) SURFACE
RESOURCES.—The Act of July
23, 1955, is amended by inserting after section 7
the following new section:
140
‘‘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. 420. APPLICATION OF ACT TO BENEFICIATION AND
PROCESSING OF NONFEDERAL MINERALS ON
FEDERAL LANDS.
The provisions of this Act (including the surface
management requirements of title II) shall apply in the
same manner and to the same extent to Federal lands
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
141
section applies only to minerals which are locatable min-
erals or minerals which would be locatable minerals if the
legal and beneficial title to such minerals were held by the
United States.
SEC. 421. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in ex-
pending the funds the entity will comply with section 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c), popularly known as the ‘‘Buy American Act’’.
SEC. 308. SENSE OF CONGRESS.
In the case of any equipment or products purchased
with funding provided under this Act, it is the sense of
the Congress that such funding should be used to pur-
chase only American-made equipment and products.
SEC. 309. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court of Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, such person shall be ineligible to receive any con-
tract or subcontract made with funds provided pursuant
to this Act, pursuant to the debarment, suspension, and
142
ineligibility procedures described in sections 9.400 through
9.409 of title 48 of the Code of Federal Regulations.
SEC. 422. SEVERABILITY.
If any provision of this Act or the applicability there-
of to any person or circumstances is held invalid, the re-
mainder of this Act and the application of such provision
to other persons or circumstances shall not be affected
thereby.
SEC. 423. AWARD OF COMPENSATION FOR TAKINGS FROM
FUND.
To the extent a court of competent jurisdiction, after
adjudication, finds that Federal action undertaken pursu-
ant to this Act effects a taking under the Fifth Amend-
ment of the United States Constitution and enters a final
judgment against the United States, the court shall award
just compensation to the plaintiff, from the fund estab-
lished under title III, subject to appropriation, together
with appropriate reasonable fees and expenses to the ex-
tent provided by section 304 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of
1970 (42 U.S.C. 4654(c)). In any case in which the Attor-
ney General effects a settlement of any proceeding brought
under section 1346(a)(2) or 1491 of title 28 of the United
States Code alleging that any Federal action undertaken
pursuant to this Act effects a taking under the Fifth
143
Amendment of the United States Constitution, the Attor-
ney General shall use amounts available in the Fund sub-
ject to appropriations to pay any award necessary pursu-
ant to such settlement.
SEC. 424. REPORT TO CONGRESS ON MINING CLAIMS IN
THE UNITED STATES HELD BY FOREIGN
FIRMS.
(a) REPORT.—Not later than one year after the date
of enactment of this Act and annually thereafter, the Sec-
retary of the Interior shall submit a report to the Congress
describing the percentage of each mining claim held by
a foreign firm.
(b) FOREIGN FIRM.—(1) For the purposes of this
section, the term ‘‘foreign firm’’ means any firm that is
not a domestic firm.
(2) For the purposes of paragraph (1), the term ‘‘do-
mestic firm’’ means a business entity—
(A) that is incorporated or organized in the
United States;
(B) that conducts business operations in the
United States; and
(C) the assets of which at least 50 percent are
held by United States citizens, permanent resident
aliens, or other domestic firms.
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