lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes
or regular places of business in the performance of
services for the Commission.
(5) DUTIES OF COMMISSION.—Not later than
18 months after the date of enactment of this sec-
tion, the Commission shall review the effect of the
royalty provisions under this section on the domestic
hardrock mining industry and present its findings
and recommendations to the Secretary and to the
Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of
the House of Representatives. In conducting its re-
view, the Commission shall—
(A) consider the economic effect of dif-
ferent royalty rates on the domestic hardrock
mining industry, employment, local and regional
economics, the balance of trade, national secu-
rity, and strategic supplies;
(B) determine whether there are sufficient
differences between various minerals or means
of production to support different royalty rates
for specific minerals or means of production;
(C) estimate the long-term effect of dif-
ferent royalty rates on competition within the
industry and between domestic and foreign pro-
duction; and
(D) consider the multiplier effect of dif-
ferent royalty rates.
(6) POWERS OF THE COMMISSION.—The Com-
mission may—
(A) hold such hearings, sit and act at such
times and places, take such testimony, and re-
ceive such evidence as the Commission consid-
ers advisable;
(B) use the Unites States mails in the
same manner and under the same conditions as
other departments and agencies of the Federal
Government;
(C) enter into contracts or agreements for
studies and surveys with public and private or-
ganizations and transfer funds to Federal agen-
cies to carry out such functions of the Commis-
sion as the Commission determines to be nec-
essary; and
(D) incur such necessary expenses and ex-
ercise such other powers as are consistent with,
and reasonably required to perform, the func-
tions of the Commission under this section.
(7) SUPPORT.—The Secretary shall provide
such office space, furnishings, and equipment as
may be required to enable the Commission to carry
out this section. The Secretary shall also furnish the
Commission with such staff, including clerical sup-
port, as the Commission may require.
(8) OTHER FEDERAL AGENCIES.—
(A) IN
GENERAL.—Upon request of the
Commission, the Secretary may request the
head of any Federal department or agency—
(i) to assist the Commission in carry-
ing out this section; and
(ii) to provide such information as the
Commission requires.
(B) DETAIL
OF
GOVERNMENT
EMPLOY-
EES.—Any Federal Government employee may
be detailed to the Commission. The detail shall
be without interruption or loss of privilege, se-
niority, pay, or other employee status. The
Commission shall reimburse the cooperating
Federal agency for the detail of an employee.
(9) FINANCIAL
AND
ADMINISTRATIVE
SERV-
ICES.—The Secretary of the Interior shall provide fi-
nancial and administrative services (including those
related to budgeting, accounting, financial reporting,
personnel, and procurement) to the Commission.
(10) APPROPRIATIONS.—There are authorized
to appropriated such sums as are necessary to carry
out this section.
SEC. 6. LIMITATIONS ON PATENTS.
(a) IN GENERAL.—After the date of enactment this
Act, a patent issued by the United States for any claim
shall be subject to the requirements of subsection (b) un-
less the Secretary determines that—
(1) a mineral survey application was filed with
the Secretary or a patent application was filed with
the Secretary on or before the date of enactment of
this Act; and
(2) the claimant has made a discovery of valu-
able minerals and has met or can meet all require-
ments applicable to vein, lode, or placer claims and
all requirements applicable to mill site claims, as ap-
propriate.
(b) LIMITATIONS ON PATENTED ESTATE.—A patent
issued by the United States after the date of enactment
of this Act shall be issued only—
(1) upon payment by the claimant of the fair
market value for the interest in the land owned by
the United States exclusive of and without regard to
the mineral deposits in the land;
(2) upon reservation by the United States of a
royalty as provided in section 5; and
(c) REQUIREMENT FOR PATENTS.—
(1) IN
GENERAL.—Land patented after the
date of enactment of this Act pursuant to section
2325, 2333, or 2337 of the Revised Statutes (30
U.S.C. 29, 37, or 42) shall be used only for mineral
exploration, mineral development, mining, process-
ing, benefication, or uses reasonably incident to
those uses, except with the approval of the Sec-
retary.
(2) REVERSION.—Land patented after the date
of enactment of this Act shall revert to the United
States if—
(A) the land is used for a purpose that is
not authorized under paragraph (1);
(B) the unauthorized use is not discounted
within a time period specified by the Secretary
(but not earlier than 90 days after the Sec-
retary provides the owner of the land with writ-
ten notice pursuant to paragraph (3)) to dis-
continue the unapproved use); and
(C) the Secretary elects to enforce the re-
versionary interest in accordance with para-
graph (3).
(3) 
ENFORCEMENT.—The 
reversion 
under
paragraph (2) shall take effect if—
(A) the Secretary files a declaration of re-
version in the office of the Bureau of Land
Management designated by the Secretary of the
Interior;
(B) the Secretary records the declaration
in the office of the county recorder of the coun-
ty in which the land subject to a reversion are
situated; and
(C) not later than 30 days after recording
the declaration of reversion, the Secretary
serves on the owner of the land subject to rever-
sion a recorded copy of the declaration, in the
same manner that a summons and complaint
are served under the Federal Rules of Civil
Procedure, and delivers payment for fair mar-
ket value of the surface interest at the time of
the reverter.
(4) RENOUNCING
OF
REVERSIONARY
INTER-
EST.—The Secretary may renounce a reversion by
filing and recording a declaration of renouncement
in the same offices in which a declaration of reverter
would have been filed under paragraph (d). The Sec-
retary may renounce a reversion for any reason, in-
cluding a case in which—
(A) a portion of the lands included in the
patent have been used for solid waste disposal
or for any other purpose that may result in the
disposal, placement, or release of a hazardous
substance;
(B) continuance of the reverter serves no
public purpose; or
(C) it would not be in the best interest of
the United States to exercise the reverter.
(d) REQUIREMENTS FOR PATENTS.—Each patent to
land acquired under section 2325, 2333, or 2337 of the
Revised Statutes (30 U.S.C. 29, 37, or 42) that is subject
to the limitations of this section shall so state.
SEC. 7. PLANS OF OPERATION AND RECLAMATION RE-
QUIREMENTS.
(a) IN GENERAL.—Except as otherwise provided in
this subsection, no person may engage in mineral activities
on Federal land that cause more than a minimal disturb-
ance of surface resources (as defined in subsection (b))
unless the person has filed a plan of operations with, and
received approval of the plan from, the Secretary.
(b) MINIMAL
DISTURBANCE
OF
SURFACE
RE-
SOURCES.—As used in this section, ‘‘minimal disturbance
of surface resources’’ means minor, short-term alteration
of surface resources. The Secretary may establish cat-
egories of activities that do not constitute minimal disturb-
ance of surface resources.
(c) ENVIRONMENTAL, LAND USE, AND RECLAMA-
TION REQUIREMENTS.—All operations conducted under a
plan of operations referred to in subsection (a) shall be
conducted in accordance with all applicable Federal and
State environmental laws, including—
(1) the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.);
(2) the Clean Air Act (42 U.S.C. 7401 et seq.);
(3) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.);
(4) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(5) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(6) the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 801 et seq.);
(7) the Federal Water Pollution Control Act
(commonly referred to as the ‘‘Clean Water Act’’)
(33 U.S.C. 1251 et seq.);
(8) the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 1600 et
seq.);
(9) the Migratory Bird Treaty Act (16 U.S.C.
703 et seq.);
(10) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(11) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
(12) title XIV of the Public Health Service Act
(commonly referred to as the ‘‘Safe Drinking Water
Act’’) (42 U.S.C. 300f et seq.);
(13) the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.);
(14) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.); and
(15) the Uranium Mill Tailings Radiation Con-
trol Act of 1978 (42 U.S.C. 7901 et seq.).
(c) INSPECTION AND ENFORCEMENT.—
(1) INSPECTIONS.—The Secretary shall inspect
an operation conducted under a plan of operations
once each calendar quarter to ensure compliance
with the terms of an approved plan of operations.
The Secretary may, at the discretion of the Sec-
retary, conduct inspections more frequently than
once each calendar quarter.
(2) ENFORCEMENT.—
(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), a claimant who fails to ob-
tain a plan of operations required by this sec-
tion, engages in unauthorized occupancy under
section 9, or who fails to comply with the terms
of an approved plan of operations, shall be sub-
ject to a fine of not more than $2,000 per day
per violation.
(B) CORRECTIVE
ACTION.—A claimant
shall not be assessed a fine under subparagraph
(A) if the violation is corrected, or a means to
correct the violation is in place, within 30 days
after the date on which the claimant is notified
in writing of a violation.
(C) HEARING.—No fine shall be assessed
under this paragraph unless the claimant has
been given an opportunity for a hearing on the
record before the Secretary.
(d) RECLAMATION
OF LAND PATENTED AFTER
ENACTMENT.—
(1) APPLICABLE
LAW.—Land patented after
the date of enactment of this Act shall be subject to
the mining reclamation laws of the State in which
the land is located.
(2) ABSENCE OF APPLICABLE STATE LAW.—In
the absence of applicable State mining reclamation
laws, land patented after the date of enactment of
this Act shall be subject to the Federal mining rec-
lamation laws that would have applied had the land
remained in Federal ownership.
(3) RECITATION.—Each patent issued after the
date of enactment of this Act shall recite that as a
condition of the patent, the land patented shall be
subject to the requirements of this subsection.
(4) RECLAMATION.—Public lands disturbed by
operations approved by the Secretary shall be re-
claimed as required by applicable Federal and State
laws concerning mined land reclamation.
SEC. 8. FINANCIAL ASSURANCES.
(a) FINANCIAL ASSURANCES REQUIRED.—Prior to
the commencement of any operations on a claim that re-
quires a plan of operation, a claimant shall—
(1) furnish evidence of a bond, surety, or other
financial guarantee in an amount determined by the
Secretary that is not less than the estimated cost to
complete reclamation of the land disturbed by oper-
ations as required by this Act and other applicable
mining laws; or
(2) provide evidence satisfactory to the Sec-
retary that the area to be affected is covered by a
bonding pool that will provide for reclamation of the
land disturbed by operations as required by this Act
and other applicable mining laws.
(b) REVIEW.—Not later than 5 years after an assur-
ance is provided under subsection (a), and at least each
5 years thereafter, the Secretary shall, after consultation
with representatives of the affected States, review the fi-
nancial assurances.
(c) PHASED GUARANTEES.—The Secretary may ad-
just the amount of the financial guarantee provided under
subsection (a) upon a determination by the Secretary that
a portion of reclamation is completed as required by this
Act and other applicable mining laws.
(d) RELEASE.—Prior to any reduction in, or final re-
lease of, a bond or other financial guarantee, the Secretary
shall provide for public notice and comment.
SEC. 9. OCCUPANCY AND RESIDENCY OF CLAIMS.
(a) PROHIBITION.—Subject to the other provisions of
this section and valid existing rights, full- or part-time res-
idential occupancy of a mining claim, including the con-
struction, presence, or maintenance of a temporary or per-
manent structure that may be used for residential occu-
pancy purposes, shall be prohibited.
(b) TRANSITORY
OCCUPANCY.—Residential occu-
pancy of a claim for purposes reasonably incident to
prospecting, mining, or processing that does not involve
surface disturbance extending beyond the period of occu-
pancy shall be permitted for a duration of no more than
14 days upon notice to the Secretary.
(c) TEMPORARY OCCUPANCY.—The Secretary may
approve residential occupancy of a claim for a period in
excess of 14 days as part of a plan of operations required
under applicable law, if the Secretary determines that the
occupancy is reasonably required to accomplish such plan.
Occupancy under this subsection shall of no greater dura-
tion or extent than is necessary to accomplish the
prospecting, mining, or processing incident to the plan.
SEC. 10. MINERAL MATERIALS.
(a) DETERMINATIONS.—Section 3 of the Surface Re-
sources Act of 1955 (30 U.S.C. 611) is amended—
(1) by striking ‘‘SEC. 3. No deposit’’ and insert-
ing the following:
‘‘SEC. 3. MINERAL MATERIALS.
‘‘(a) VARIETIES OF MINERALS NOT DEEMED VALU-
ABLE MINERAL DEPOSITS.—No deposit’’;
(2) in the first sentence, by striking ‘‘or cin-
ders’’ and inserting ‘‘cinders, or clay’’; and
(3) by adding at the end the following new
subsection:
‘‘(b) DISPOSAL.—
‘‘(1) IN
GENERAL.—Subject to valid existing
rights (as defined in paragraph (2)), after the date
of enactment of this section, deposits of minerals re-
ferred to in subsection (a) (except deposits of ben-
tonite and gypsum) shall be subject to disposal
under the terms and conditions of the Materials Act
of 1947 (30 U.S.C. 601 et seq.)
‘‘(2) VALID
EXISTING
RIGHTS
DEFINED.—As
used in paragraph (1), the term ‘valid existing
rights’ means a mining claim located for a mineral
material that—
‘‘(A) has some property that tives the
claim distinct and special value as described in
subsection (a), including so-called ‘block pum-
ice’ as described in subsection (a);
‘‘(B) was properly located and maintained
under the general mining laws on the date of
enactment of this subsection;
‘‘(C) was supported by a discovery of a val-
uable mineral deposit within the meaning of the
general mining law on the date of enactment of
this subsection; and
‘‘(D) continues to be valid.’’.
(b) MINERAL MATERIALS SUBJECT TO RIGHT OF
THE UNITED STATES FOR DISPOSAL AND SEVERANCE.—
Subsections (b) and (c) of section 4 of the Surface Re-
sources Act of 1955 (30 U.S.C. 612) is amended by insert-
ing ‘‘and mineral material’’ after ‘‘vegetative’’ both places
it appears .
(c) CONFORMING AMENDMENT.—The first sentence
of section 1 of the Materials Act of 1947 (30 U.S.C. 601)
is amended by striking ‘‘common varieties of’’.
SEC. 11. RECEIPTS.
Two-thirds of the receipts from location and mainte-
nance fees required by section 4, royalties required by sec-
tion 5, and payments required by section 6 shall be paid
into the Treasury of the United States and deposited as
miscellaneous receipts. One-third of the receipts from any
claim, patent, or millsite shall be paid by the Secretary
of the Treasury to the treasury of the State in which such
claim, patent, or millsite is located.
SEC. 12. ABANDONED HARDROCK MINE RECLAMATION
PROGRAM.
(a) ESTABLISHMENT.—There is established a pro-
gram to be known as the Abandoned Hardrock Mine Rec-
lamation Program (referred to in this section as the ‘‘Pro-
gram’’). The Program shall be administered by the Sec-
retary of the Interior acting through the Director of the
Bureau of Land Management.
(b) DESCRIPTION OF PROGRAM.—
(1) IN GENERAL.—The Secretary is authorized
to make grants to eligible States (as defined in sub-
section (e)) for the reclamation and restoration of
land and water resources adversely affected by past
hardrock mining (other than coal and fluid known
minerals). The grants may be used for—
(A) the reclamation and restoration of
abandoned surface mined areas;
(B) the reclamation and restoration of
abandoned milling and processing areas;
(C) the sealing, filling, and grading of
abandoned deep mine entries;
(D) the planting of land adversely affected
by past mining to prevent erosion and sedi-
mentation;
(E) the prevention, abatement, treatment,
and control of water pollution created by aban-
doned mine drainage;
(F) the control of surface subsidence due
to abandoned deep mines; and
(G) such other projects as may be nec-
essary to accomplish this Act.
(2) PRIORITIES.—Expenditure of grant funds
by the Secretary shall reflect the following priorities
in the order stated:
(A) The protection of public health, safety,
and general welfare from the adverse effects of
past hardrock mining practices.
(B) The restoration of land and water re-
sources previously degraded by the adverse ef-
fects of past minerals and mineral materials
mining practices.
(c) ELIGIBLE AREAS.—
(1) ELIGIBILITY
IN
GENERAL.—Subject to
paragraph (2), land and water eligible for reclama-
tion expenditures under this section shall be those—
(A) that were mined or processed for min-
erals and mineral materials or abandoned or
left in an inadequate reclamation status prior to
the date of enactment of this section;
(B) for which the Secretary (or State)
makes a determination that there is no continu-
ing reclamation responsibility under Federal or
State laws; and
(C) for which it can be established that the
land does not contain minerals that could eco-
nomically be extracted through the reprocessing
or remining, unless the consideration is in con-
flict with the priorities set forth under subpara-
graphs (A) and (B) of subsection (b)(2).
(2) SPECIFIC
SITES
AND
AREAS
NOT
ELIGI-
BLE.—Areas designated for remedial action pursu-
ant to the Uranium Mill Tailing Radiation Control
Act of 1978 (42 U.S.C. 7901 et seq.) or that have
been listed for remedial action pursuant to the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.)
shall not be eligible for expenditure under this
section.
(d) ALLOCATION AND EXPENDITURES.—
(1) ALLOCATIONS.—
(A) IN GENERAL.—Funds available for ex-
penditure by the Secretary shall be allocated on
an annual basis in the form of grants to eligible
States, or in the form of expenditures under
subsection (d)(2), to carry out this Act.
(B) DISTRIBUTION.—The Secretary shall
distribute the funds equitably to eligible States,
giving due consideration to the priorities stated
in subsection (b)(2).
(2) DIRECT
FEDERAL
EXPENDITURES.—The
Secretary shall make grants to States not eligible
under subsection (e) based on the greatest need for
the funds pursuant to the priorities stated in sub-
section (b)(2).
(e) STATE RECLAMATION PROGRAMS.—
(1) ELIGIBLE
STATES.—For the purpose of
subsection (d), the term ‘‘eligible States’’ are States
that the Secretary determines meets each of the fol-
lowing requirements:
(A) Within the State there are mined
lands, waters, and facilities eligible for reclama-
tion under subsection (c).
(B) The State has developed an inventory
of affected areas following the priorities estab-
lished under subsection (b)(2).
(C) The State has established, and the
Secretary has approved, a State abandoned
minerals and mineral materials mine reclama-
tion program for the purpose of receiving and
administering grants under this section.
(2) MONITORING.—The Secretary shall monitor
the expenditure of State grants to ensure that the
grants are being utilized to carry out this Act.
(3) STATE PROGRAMS.—The Secretary shall ap-
prove any State abandoned minerals mine reclama-
tion program submitted to the Secretary by a State
under this section if the Secretary finds that the
State has the means and necessary State legislation
to implement the program and that the program
complies with this section.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—Subject to paragraph (2),
there are authorized to be appropriated such sums
as are necessary to carry out this section.
(2) LIMITATION.—The amount annually au-
thorized to be appropriated under this subsection
shall not exceed the sums paid into the Treasury of
the United States, and deposited as miscellaneous
receipts, pursuant to section 11 for the fiscal year
preceding the authorization.
Æ
HR 1708 IH——2