activities and all requirements of the operations plan 
and the reclamation plan, and all other requirements 
of this Act have been fully met, the remaining por-
tion of the financial assurance may be released. 
During the period following release of the financial assur-
ance as specified in paragraph (1), until the remaining 
portion of the financial assurance is released as provided 
in paragraph (2), the operator shall be required to comply 
with the permit issued under this title. 
(g) EFFLUENT.—Notwithstanding section 307(b)(4), 
where any discharge or other water-related condition re-
sulting from the mineral activities requires treatment in 
order to meet the applicable effluent limitations and water 
quality standards, the financial assurance shall include the 
estimated cost of maintaining such treatment for the pro-
jected period that will be needed after the cessation of 
mineral activities. The portion of the financial assurance 
attributable to such estimated cost of treatment shall not 
be released until the discharge has ceased for a period of 
5 years, as determined by ongoing monitoring and testing, 
or, if the discharge continues, until the operator has met 
all applicable effluent limitations and water quality stand-
ards for 5 full years without treatment. 
(h) ENVIRONMENTAL HAZARDS.—If the Secretary 
concerned determines, after final release of financial as-
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surance, that an environmental hazard resulting from the 
mineral activities exists, or the terms and conditions of 
the explorations or operations permit of this Act were not 
fulfilled in fact at the time of release, such Secretary shall 
issue an order under section 507 requiring the claim hold-
er or operator (or any person who controls the claim hold-
er or operator) to correct the condition such that applica-
ble laws and regulations and any conditions from the plan 
of operations are met. 
SEC. 307. OPERATION AND RECLAMATION. 
(a) GENERAL RULE.—(1) The operator shall restore 
lands subject to mineral activities carried out under a per-
mit issued under this title to a condition capable of sup-
porting— 
(A) the uses which such lands were capable of 
supporting prior to surface disturbance by the oper-
ator; or 
(B) other beneficial uses which conform to ap-
plicable land use plans as determined by the Sec-
retary concerned. 
(2) Reclamation shall proceed as contemporaneously 
as practicable with the conduct of mineral activities. In 
the case of a cessation of mineral activities beyond that 
provided for as a temporary cessation under this Act, rec-
lamation activities shall begin immediately. 
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(b) OPERATION AND RECLAMATION STANDARDS.— 
The Secretary of the Interior and the Secretary of Agri-
culture shall jointly promulgate regulations that establish 
operation and reclamation standards for mineral activities 
permitted under this Act. The Secretaries may determine 
whether outcome-based performance standards or tech-
nology-based design standards are most appropriate. The 
regulations shall address the following: 
(1) Segregation, protection, and replacement of 
topsoil or other suitable growth medium, and the 
prevention, where possible, of soil contamination. 
(2) Maintenance of the stability of all surface 
areas. 
(3) Control of sediments to prevent erosion and 
manage drainage. 
(4) Minimization of the formation and migra-
tion of acidic, alkaline, metal-bearing, or other dele-
terious leachate. 
(5) Reduction of the visual impact of mineral 
activities to the surrounding topography, including 
as necessary pit backfill. 
(6) Establishment of a diverse, effective, and 
permanent vegetative cover of the same seasonal va-
riety native to the area affected by mineral activities, 
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and equal in extent of cover to the natural vegeta-
tion of the area. 
(7) Design and maintenance of leach oper-
ations, impoundments, and excess waste according to 
standard engineering standards to achieve and main-
tain stability and reclamation of the site. 
(8) Removal of structures and roads and seal-
ing of drill holes. 
(9) Restoration of, or mitigation for, fish and 
wildlife habitat disturbed by mineral activities. 
(10) Preservation of cultural, paleontological, 
and cave resources. 
(11) Prevention and suppression of fire within 
the leased area. 
(c) SURFACE OR GROUND WATER WITHDRAWALS.— 
The Secretary concerned shall work with State and local 
governments with authority over the allocation and use of 
surface and ground water in the area around the mine 
site as necessary to ensure that any surface or ground 
water withdrawals made as a result of mining activities 
approved under this section do not cause undue degrada-
tion. 
(d) SPECIAL RULE.—Reclamation activities for a 
mining claim, license, or lease that has been forfeited, re-
linquished, or lapsed, or a plan that has expired or been 
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revoked or suspended, shall continue subject to review and 
approval by the Secretary concerned. 
SEC. 308. STATE LAW AND REGULATION. 
(a) STATE LAW.— 
(1) 
RECLAMATION, 
LAND
USE, 
ENVIRON-
MENTAL, AND PUBLIC HEALTH STANDARDS.—Any 
reclamation, land use, environmental, or public 
health protection standard or requirement in State 
law or regulation that meets or exceeds the require-
ments of this Act shall not be construed to be incon-
sistent with any such standard. 
(2) BONDING
REQUIREMENTS.—Any bonding 
standard or requirement in State law or regulation 
that meets or exceeds the requirements of this Act 
shall not be construed to be inconsistent with such 
requirements. 
(3) INSPECTION
STANDARDS.—Any inspection 
standard or requirement in State law or regulation 
that meets or exceeds the requirements of this Act 
shall not be construed to be inconsistent with such 
requirements. 
(b) APPLICABILITY
OF OTHER STATE REQUIRE-
MENTS.— 
(1) ENVIRONMENTAL STANDARDS.—Nothing in 
this Act shall be construed as affecting any toxic 
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substance, solid waste, or air or water quality, 
standard or requirement of any State, county, local, 
or Tribal law or regulation, which may be applicable 
to mineral activities on lands subject to this Act. 
(2) WATER RESOURCES.—Nothing in this Act 
shall be construed as affecting in any way the right 
of any person to enforce or protect, under applicable 
law, such person’s interest in water resources af-
fected by mineral activities on lands subject to this 
Act. 
(c) COOPERATIVE AGREEMENTS.— 
(1) IN GENERAL.—Any State may enter into a 
cooperative agreement with the Secretary concerned 
for the purposes of such Secretary applying such 
standards and requirements referred to in subsection 
(a) and subsection (b) to mineral activities or rec-
lamation on lands subject to this Act. 
(2) COMMON
REGULATORY
FRAMEWORK.—In 
such instances where the proposed mineral activities 
would affect lands not subject to this Act in addition 
to lands subject to this Act, in order to approve a 
plan of operations the Secretary concerned shall 
enter into a cooperative agreement with the State 
that sets forth a common regulatory framework con-
sistent with the requirements of this Act for the pur-
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poses of such plan of operations. Any such common 
regulatory framework shall not negate the authority 
of the Federal Government to independently inspect 
mines and operations and bring enforcement actions 
for violations. 
(3) NOTICE AND PUBLIC COMMENT.—The Sec-
retary concerned shall not enter into a cooperative 
agreement with any State under this section until 
after notice in the Federal Register and opportunity 
for public comment and hearing. 
(d) PRIOR AGREEMENTS.—Any cooperative agree-
ment or such other understanding between the Secretary 
concerned and any State, or political subdivision thereof, 
relating to the management of mineral activities on lands 
subject to this Act that was in existence on the date of 
enactment of this Act may only continue in force until 1 
year after the date of enactment of this Act. During such 
1-year period, the State and the Secretary shall review the 
terms of the agreement and make changes that are nec-
essary to be consistent with this Act. 
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TITLE IV—ABANDONED 
HARDROCK MINE RECLAMATION 
SEC. 401. ESTABLISHMENT OF FUND. 
(a) ESTABLISHMENT.—There is established in the 
Department of the Treasury a separate account to be 
known as the Hardrock Minerals Reclamation Fund. 
(b) INVESTMENT.—The Secretary shall notify the 
Secretary of the Treasury as to what portion of the Fund 
is not, in the Secretary’s judgment, required to meet cur-
rent withdrawals. The Secretary of the Treasury shall in-
vest such portion of the Fund in public debt securities 
with maturities suitable for the needs of such Fund and 
bearing interest at rates determined by the Secretary of 
the Treasury, taking into consideration current market 
yields on outstanding marketplace obligations of the 
United States of comparable maturities. 
(c) ADMINISTRATION.—In addition to other uses au-
thorized by this title, the Secretary may use amounts in 
the Fund as necessary for the administrative expenses of 
the United States, Indian Tribes, and the States to imple-
ment this title. 
SEC. 402. CONTENTS OF FUND. 
(a) IN GENERAL.—The following amounts shall be 
credited to the Fund: 
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(1) All moneys collected pursuant to section 
502 and section 506. 
(2) 
All 
fees 
received 
under 
section 
304(a)(1)(B). 
(3) All donations by persons, corporations, as-
sociations, and foundations for the purposes of this 
title. 
(4) All amounts deposited in the Fund under 
title I. 
(5) All income on investments under section 
401(b). 
(6) All amounts deposited in the Fund under 
section 403. 
(b) DONATIONS.—The Secretary may accept for the 
Government a gift of money to be deposited into the Fund. 
The Secretary may reject a gift to the Fund if such rejec-
tion is in the interest of the Government. 
SEC. 403. DISPLACED MATERIAL RECLAMATION FEE. 
(a) IMPOSITION OF FEE.—Except as provided in sub-
section (g), each operator conducting hardrock mineral ac-
tivities shall pay to the Secretary, for deposit in the 
Hardrock Minerals Fund established by section 401, a dis-
placed material reclamation fee of 7 cents per ton of dis-
placed material. 
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(b) PAYMENT DEADLINE.—Such reclamation fee 
shall be paid not later than 60 days after the end of each 
calendar year beginning with the first calendar year occur-
ring after the date of enactment of this Act. 
(c) SUBMISSION
OF STATEMENT.—Together with 
such reclamation fee, all operators conducting hardrock 
mineral activities shall submit to the Secretary a state-
ment of the amount of displaced material produced during 
mineral activities during the previous calendar year, the 
accuracy of which shall be sworn to by the operator and 
notarized. 
(d) PENALTY.—Any corporate officer, agent, or di-
rector of a person conducting hardrock mineral activities, 
and any other person acting on behalf of such a person, 
who knowingly makes any false statement, representation, 
or certification, or knowingly fails to make any statement, 
representation, or certification, required under this section 
with respect to such operation shall, upon conviction, be 
punished by a fine of not more than $10,000. 
(e) CIVIL ACTION TO RECOVER FEE.—Any portion 
of such reclamation fee not properly or promptly paid pur-
suant to this section shall be recoverable, with statutory 
interest, from the hardrock mineral activities operator, in 
any court of competent jurisdiction in any action at law 
to compel payment of debts. 
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(f) EFFECT.—Nothing in this section requires a re-
duction in, or otherwise affects, any similar fee required 
under any law (including regulations) of any State. 
(g) EXEMPTION.—The fee under this section shall 
not apply for small miners. 
SEC. 404. USE OF THE FUND. 
Subject to the availability of appropriations, the Sec-
retary shall use moneys in the Fund to carry out section 
40704 of the Infrastructure Investment and Jobs Act (30 
U.S.C. 1245). 
TITLE V—ADDITIONAL 
PROVISIONS 
SEC. 501. POLICY FUNCTIONS. 
(a) MINERALS POLICY.—Section 101 of the Mining 
and Minerals Policy Act of 1970 (30 U.S.C. 21a) is 
amended— 
(1) by inserting ‘‘and to ensure that mineral ex-
traction and processing not cause undue degradation 
of the natural and cultural resources of the public 
lands’’ after ‘‘activities’’; and 
(2) by adding at the end the following: ‘‘It shall 
also be the responsibility of the Secretary of Agri-
culture to carry out the policy provisions of clauses 
(1) and (2) of the first paragraph of this section.’’. 
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