(2) COORDINATION.—To the extent practicable, 
the Secretary and the Secretary of Agriculture shall 
coordinate the permit process. 
SEC. 303. EXPLORATION PERMIT. 
(a) AUTHORIZED EXPLORATION ACTIVITY.— 
(1) IN GENERAL.—A person may apply for an 
exploration permit for any mining claim, license, or 
lease authorizing the applicant to remove a reason-
able amount of the hardrock minerals, as defined in 
the license or lease or established in such regulations 
as the Secretary shall issue, from the area that is 
subject to the mining claim, license, or lease, respec-
tively, for analysis, study, and testing. 
(2) LIMITATION.—Such permit shall not au-
thorize the applicant to remove any mineral for sale 
nor to conduct any activities other than those re-
quired for exploration for hardrock minerals and rec-
lamation. 
(b) PERMIT
APPLICATION
REQUIREMENTS.—To 
apply for an exploration permit under this section, a per-
son shall submit to the Secretary concerned an application 
for such permit in a manner determined satisfactory by 
the Secretary concerned, which shall include— 
(1) an exploration plan; 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) a reclamation plan for the proposed explo-
ration; and 
(3) such documentation as is necessary to en-
sure compliance with applicable Federal and State 
environmental laws and regulations. 
(c) RECLAMATION PLAN REQUIREMENTS.—The rec-
lamation plan required to be included in a permit applica-
tion under subsection (b) shall include such provisions as 
may be jointly issued by the Secretary and the Secretary 
of Agriculture by regulation, including the following re-
quirements: 
(1) The applicant has demonstrated that pro-
posed reclamation can be accomplished. 
(2) The proposed exploration activities and con-
dition of the land after the completion of exploration 
activities and final reclamation will conform with the 
land use plan applicable to the area subject to min-
eral activities. 
(3) The area subject to the proposed explo-
ration permit is not included within an area listed 
in section 111. 
(4) The applicant has demonstrated that the 
exploration plan and reclamation plan will be in 
compliance with the requirements of this Act and all 
other applicable Federal requirements, and any 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
State requirements agreed to by the Secretary con-
cerned. 
(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, which shall be— 
(1) not greater than that necessary to accom-
plish the proposed exploration; and 
(2) in no case for more than 10 years. 
(e) PERMIT MODIFICATION.— 
(1) IN GENERAL.—An exploration permit holder 
may, during the term of the exploration permit, sub-
mit to the Secretary concerned an application to 
modify such permit. 
(2) APPROVAL OF MODIFICATION.—To approve 
a proposed modification 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 regulation the extent to which 
requirements for initial exploration permits under 
this section shall apply to applications to modify an 
exploration permit based on whether the Secretary 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
concerned determines such modifications are signifi-
cant or minor. 
(f) TRANSFER, ASSIGNMENT, OR SALE OF RIGHTS.— 
(1) PRIOR WRITTEN APPROVAL.—No transfer, 
assignment, or sale of rights granted by an explo-
ration permit issued under this section may be made 
without the prior written approval of the Secretary 
concerned. 
(2) APPROVAL.—The Secretary concerned shall 
allow an exploration permit holder to transfer, as-
sign, or sell rights under such permit to a successor, 
if the Secretary concerned finds in writing that the 
successor— 
(A) is eligible to receive a permit under 
section 304; 
(B) has submitted evidence of financial as-
surance satisfactory under section 306; and 
(C) meets any other requirements specified 
by the Secretary concerned. 
(3) ASSUMED LIABILITY.—The successor in in-
terest shall assume the liability and reclamation re-
sponsibilities established by the existing exploration 
permit and shall conduct the mineral activities in 
full compliance with this Act, and the terms and 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
conditions of the exploration permit as in effect at 
the time of transfer, assignment, or sale. 
(4) FEE.—Each application for approval of an 
exploration permit transfer, assignment, or sale pur-
suant to this subsection shall be accompanied by a 
fee payable to the Secretary concerned in such 
amount as may be established by the Secretary con-
cerned, which shall be equal to the actual or antici-
pated cost to the Secretary concerned of reviewing 
and approving or disapproving such transfer, assign-
ment, or sale, as determined by the Secretary con-
cerned. 
SEC. 304. OPERATIONS PERMIT. 
(a) OPERATIONS PERMIT.— 
(1) IN GENERAL.—A person that is in compli-
ance with this Act may apply to the Secretary con-
cerned for an operations permit authorizing the per-
son to carry out mineral activities on— 
(A) any valid mining claim, millsite, tunnel 
site, or lease issued under this Act; and 
(B) such additional Federal land as the 
Secretary concerned may determine is necessary 
to conduct the proposed mineral activities, if 
the operator— 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(i) obtains a right-of-way permit for 
use of such additional lands under title V 
of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1761 et 
seq.); and 
(ii) agrees to pay all fees required 
under that title for such permit. 
(2) TERMS AND CONDITIONS.—The Secretary 
concerned shall include in each permit issued under 
this section such terms and conditions as the Sec-
retary concerned determines necessary to carry out 
this title. 
(b) PERMIT
APPLICATION
REQUIREMENTS.—To 
apply for an operations permit under this section, a person 
shall submit to the Secretary concerned an application for 
such permit in a manner determined satisfactory by the 
Secretary concerned, which shall include site characteriza-
tion data, an operations plan, a reclamation plan, moni-
toring plans, long-term maintenance plans, to the extent 
necessary, and such documentation as necessary to ensure 
compliance with applicable Federal and State environ-
mental laws and regulations. If the proposed mineral ac-
tivities will be carried out in conjunction with mineral ac-
tivities on adjacent non-Federal land, information on the 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
location and nature of such operations may be required 
by the Secretary. 
(c) PERMIT ISSUANCE OR DENIAL.— 
(1) IN GENERAL.—After providing for public 
participation pursuant to subsection (i), the Sec-
retary concerned shall issue an operations permit if 
the Secretary concerned makes each of the following 
determinations in writing, and shall deny an oper-
ations permit if the Secretary concerned finds that 
the application and applicant do not fully meet the 
following requirements: 
(A) The permit application, including the 
site characterization data, operations plan, and 
reclamation plan, are complete, accurate, and 
sufficient to develop a good understanding of 
the anticipated impacts of the mineral activities 
and the effectiveness of proposed mitigation and 
control of such mineral activities. 
(B) The applicant has demonstrated that 
the proposed reclamation in the operations and 
reclamation plans can be and is likely to be ac-
complished by the applicant and will not cause 
unnecessary or undue degradation. 
(C) The condition of the land subject to 
the operations permit, including the fish and 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
wildlife resources and habitat contained there-
on, will be fully reclaimed after the completion 
of mineral activities. 
(D) The area subject to the proposed plan 
is not listed in section 111 or otherwise ineli-
gible for mineral activities. 
(E) The proposed operation has been de-
signed to prevent material damage to the hy-
drologic balance outside the land subject to the 
operations permit. 
(F) The applicant will fully comply with 
the requirements of section 306 before the initi-
ation of operations. 
(G) Neither the applicant nor operator (or 
any subsidiary or affiliate the applicant or oper-
ator) is ineligible to receive a permit under sec-
tion 305. 
(H) The reclamation plan demonstrates 
that 10 years after the end of mineral activities 
under the operations permit, no treatment of 
surface or ground water for carcinogens or tox-
ins will be required to meet water quality stand-
ards at the point of discharge. 
(2) CONSULTATION
WITH
ENVIRONMENTAL 
PROTECTION AGENCY.—With respect to any activi-
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
ties specified in the reclamation plan referred to in 
subsection (b) that constitute a removal or remedial 
action under section 101 of the Comprehensive Envi-
ronmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601), the Secretary con-
cerned shall consult with the Administrator of the 
Environmental 
Protection 
Agency 
before 
the 
issuance of an operations permit, who shall ensure 
that the reclamation plan does not require activities 
that would increase the costs or likelihood of re-
moval or remedial actions under the that Act (42 
U.S.C. 9601 et seq.) or corrective actions under the 
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 
(d) TERM OF PERMIT; RENEWAL.— 
(1) 
IN
GENERAL.—An 
operations 
permit 
shall— 
(A) be for an initial term not longer than 
the shorter of— 
(i) the period necessary to accomplish 
the proposed mineral activities subject to 
the permit; and 
(ii) the length of time remaining on 
the hardrock mining lease of the applicant; 
(B) be renewed for additional 10-year peri-
ods if— 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(i) the operation subject to the permit 
is in compliance with the requirements of 
this Act and other applicable law; and 
(ii) the hardrock mining lease of the 
applicant has been renewed for that 10- 
year period; and 
(C) expire 5 years after the commencement 
of a temporary cessation unless, before the expi-
ration of the 5 years, the operator has filed 
with the Secretary concerned a request for ap-
proval to resume operations. 
(2) FAILURE TO COMMENCE MINERAL ACTIVI-
TIES.—Failure by the operator to commence mineral 
activities not later than 2 years after the date sched-
uled in an operations permit shall require a modi-
fication of the permit if the Secretary concerned de-
termines that modifications are necessary to comply 
with section 111. 
(e) PERMIT MODIFICATION.— 
(1) APPLICATION.—An operator may, during 
the term of the operations permit, submit to the 
Secretary concerned an application to modify such 
permit or the operations plan or reclamation plan 
associated with such permit. 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) 
MODIFICATION
BY
SECRETARY
CON-
CERNED.— 
(A) IN GENERAL.—At any time, the Sec-
retary concerned may require reasonable modi-
fication to any operations plan or reclamation 
plan upon a determination that the require-
ments of this Act cannot be met if the plan is 
followed as approved, which shall be based on 
a written finding and subject to public notice 
and hearing requirements established by the 
Secretary concerned. 
(B) WAIVER
OF
PUBLIC
NOTICE
AND 
HEARING.—The Secretary concerned may waive 
the public notice and hearing requirements 
under subparagraph (A) in the case of immi-
nent threat to health, safety, or the environ-
ment. 
(3) 
UNANTICIPATED
EVENTS
OR
CONDI-
TIONS.—A permit modification is required before 
changes are made to the approved operations plan, 
or if unanticipated events or conditions exist on the 
land subject to the permit, including in the case of— 
(A) development of acid or toxic drainage; 
(B) loss of springs or water supplies; 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(C) water quantity, water quality, or other 
resulting water impacts that are significantly 
different than those predicted in the application 
for the operations permit; 
(D) the need for long-term water treat-
ment; 
(E) significant reclamation difficulties or 
reclamation failure; 
(F) the discovery of significant scientific or 
biological resources that were not addressed in 
the original plan; 
(G) the discovery of property eligible for 
listing on the National Register of Historic 
Places; or 
(H) the discovery of a hazard to public 
safety. 
(f) TEMPORARY CESSATION OF OPERATIONS.— 
(1) SECRETARIAL
APPROVAL
REQUIRED.—An 
operator conducting mineral activities under an op-
erations permit in effect under this title may not 
temporarily cease mineral activities for a period of 
more than 180 days unless the Secretary concerned 
has approved such temporary cessation or unless the 
temporary cessation is permitted under the original 
operations permit. 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) PREVIOUSLY
ISSUED
OPERATIONS
PER-
MITS.—An operator that temporarily ceases mineral 
activities for a period of more than 90 days under 
an operations permit issued before the effective date 
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 operations permit. 
(3) REQUIRED INFORMATION.— 
(A) IN GENERAL.—To apply for an ap-
proval of temporary cessation of operations, an 
operator shall submit to the Secretary con-
cerned such information required under sub-
section (b) and any other provisions prescribed 
by the Secretary concerned to minimize impacts 
on human health, the environment, or property 
eligible for listing on the National Register of 
Historic Places. 
(B) INSPECTION.—After receipt of a com-
plete application for temporary cessation of op-
erations, the Secretary concerned shall conduct 
an inspection of the area for which temporary 
cessation of operations has been requested. 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(4) CONDITIONS
FOR
APPROVAL.—The Sec-
retary concerned may approve an application for 
temporary cessation of operations if such Secretary 
determines the following: 
(A) The methods for securing surface fa-
cilities and restricting access to the land subject 
to the operations permit, or relevant portions 
thereof, will effectively protect against hazards 
to the health and safety of the public and fish 
and wildlife or damage to property eligible for 
listing on the National Register of Historic 
Places. 
(B) Reclamation is in compliance with the 
approved reclamation plan, except in those 
areas specifically designated in the application 
for temporary cessation of operations for which 
a delay in meeting such standards is necessary 
to facilitate the resumption of operations. 
(C) The amount of financial assurance 
filed with the permit application is sufficient to 
ensure completion of the reclamation activities 
identified in the approved reclamation plan in 
the event of forfeiture. 
(D) Any outstanding notices of violation 
and cessation orders incurred in connection 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
with the plan for which temporary cessation is 
being requested are either stayed pursuant to 
an administrative or judicial appeal proceeding 
or are in the process of being abated to the sat-
isfaction of the Secretary concerned. 
(g) PERMIT REVIEWS.—The Secretary concerned 
shall review each operations permit issued under this sec-
tion every 10 years during the term of such operations 
permit, and before approving the resumption of operations 
under subsection (f), the Secretary concerned shall require 
the operator to take such actions as the Secretary con-
cerned deems necessary to ensure that mineral activities 
conform to the operations permit, including adjustment of 
financial assurance requirements. 
(h) 
TRANSFER, 
ASSIGNMENT, 
OR
SALE
OF 
RIGHTS.— 
(1) WRITTEN APPROVAL.—No transfer, assign-
ment, or sale of rights granted by an operations per-
mit under this section may be made without the 
prior written approval of the Secretary concerned. 
(2) CONDITIONS OF APPROVAL.—The Secretary 
concerned may allow a permit holder to transfer, as-
sign, or sell rights under the permit to a successor, 
if the Secretary concerned finds, in writing, that the 
successor— 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A) has submitted all required information 
and is eligible to receive a permit in accordance 
with section 305; 
(B) has submitted evidence of financial as-
surance satisfactory under section 306; and 
(C) meets any other requirements specified 
by the Secretary concerned. 
(3) ASSUMED
LIABILITY.—The successor de-
scribed in paragraph (2) shall assume the liability 
and reclamation responsibilities established by the 
existing operations permit and shall conduct the 
mineral activities in full compliance with this Act 
and the terms and conditions of the operations per-
mit as in effect at the time of transfer, assignment, 
or sale. 
(4) FEE.—Each application for approval of an 
operations permit transfer, assignment, or sale pur-
suant to this subsection shall be accompanied by a 
fee payable to the Secretary concerned in such 
amount as may be established by the Secretary con-
cerned, which shall be equal to the actual or antici-
pated cost of reviewing and approving or dis-
approving such transfer, assignment, or sale, as de-
termined by the Secretary concerned. 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(i) PUBLIC PARTICIPATION.—The Secretary and the 
Secretary of Agriculture shall jointly issue regulations to 
ensure transparency and public participation in permit de-
cisions required under this Act, consistent with any re-
quirements that apply to such decisions under section 102 
of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332). 
SEC. 305. PERSONS INELIGIBLE FOR PERMITS. 
(a) CURRENT VIOLATIONS.—Unless corrective action 
has been taken in accordance with subsection (c), no per-
mit under this title may be issued, transferred, assigned, 
or sold to an applicant if the applicant or any agent of 
the applicant, the operator (if different from the appli-
cant), any claim or lease holder (if different from the ap-
plicant) of the claim, license, or lease concerned, or any 
affiliate of the applicant is in violation of the following: 
(1) This Act. 
(2) An applicable State or Federal toxic sub-
stance, solid waste, air, water quality, or fish and 
wildlife conservation law or regulation at any site 
where mining, beneficiation, or processing activities 
are occurring or have occurred. 
(3) The Surface Mining Control and Reclama-
tion Act of 1977 (30 U.S.C. 1201 et seq.) at any 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
site where surface coal mining operations are occur-
ring or have occurred. 
(b) SUSPENSION.—The Secretary concerned shall 
suspend a permit, in whole or in part, if the Secretary 
concerned determines that any of the entities described in 
subsection (a) were in violation of any requirement de-
scribed in subsection (a) at the time such permit was 
issued. 
(c) CORRECTION.— 
(1) REINSTATEMENT.— 
(A) IN
GENERAL.—The Secretary con-
cerned may issue or reinstate a permit under 
this title if the applicant submits proof that— 
(i) the violation under subsection (a) 
or (b) has been corrected or is in the proc-
ess of being corrected to the satisfaction of 
the Secretary concerned and the regulatory 
authority involved; or 
(ii) the violator has filed, and is pur-
suing at the time of such submission, a di-
rect administrative or judicial appeal to 
contest the existence of the violation. 
(B) APPEAL OF RELATIONSHIP TO AFFIL-
IATE.—An appeal of the relationship of an ap-
plicant to an affiliate shall not constitute a di-
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
rect administrative or judicial appeal to contest 
the existence of the violation under subpara-
graph (A)(ii). 
(2) CONDITIONAL APPROVAL.— 
(A) IN GENERAL.—A permit that is issued 
or reinstated based upon proof submitted under 
this subsection shall be conditionally issued or 
conditionally reinstated, respectively. 
(B) SUSPENSION; REVOCATION.—The Sec-
retary concerned shall suspend or revoke a per-
mit that is conditionally issued or conditionally 
reinstated if the relevant violation is not suc-
cessfully abated or is upheld on appeal. 
(d) PATTERN OF WILLFUL VIOLATION.—No permit 
may be issued under this Act to any applicant if there 
is a demonstrated pattern of willful violations of the envi-
ronmental protection requirements of this Act by the ap-
plicant, an affiliate of the applicant, or the operator or 
claim, license, or lease holder if different than the appli-
cant. 
SEC. 306. FINANCIAL ASSURANCE. 
(a) FINANCIAL ASSURANCE REQUIRED.— 
(1) FORM OF ASSURANCE.—After a permit is 
issued under this title and before any exploration or 
operations begin under the relevant permit, the oper-
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
ator shall file with the Secretary concerned evidence 
of financial assurance payable to the United States, 
which shall be provided in the form of a surety bond, 
letters of credit, certificates of deposit, or cash. 
(2) COVERED ACTIVITIES.—The financial assur-
ance required under paragraph (1) shall cover all 
land within the initial permit area and all affected 
waters that may require restoration, treatment, or 
other management as a result of mineral activities, 
and shall be extended to cover all land and water 
added to the permit area pursuant to any permit 
modification made under section 303(e) or 304(e) or 
affected by mineral activities within the permit area. 
(b) AMOUNT.— 
(1) IN GENERAL.—The amount of the financial 
assurance required under this section shall be suffi-
cient to ensure the completion of reclamation satis-
fying the requirements of this Act if the work were 
to be performed by the Secretary concerned, or by 
a third-party contractor hired by the Secretary con-
cerned, in the event of forfeiture, including the con-
struction and maintenance costs for any treatment 
facilities necessary to meet Federal and State envi-
ronmental requirements. 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) CALCULATION.—The calculation of the 
amount under paragraph (1) shall take into account 
the maximum estimated cost of reclamation, as de-
termined by the best available science, and adminis-
trative costs associated with a government agency 
reclaiming the site. 
(c) DURATION.—The financial assurance required 
under this section shall be held for the duration of the 
mineral activities and for an additional period sufficient 
to cover the responsibility of the operator for reclamation, 
long-term maintenance, and effluent treatment as speci-
fied in subsection (g). 
(d) ADJUSTMENTS.— 
(1) IN
GENERAL.—The Secretary concerned 
may adjust the amount of the financial assurance 
required under this section and the terms of the ac-
ceptance of the financial assurance as needed as the 
land subject to the relevant permit is increased or 
decreased, the costs of reclamation or treatment 
change, or pursuant to section 304(f), but the finan-
cial assurance shall otherwise be in compliance with 
this section. 
(2) REVIEW.—The Secretary concerned shall 
review the financial assurance every 3 years and as 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
part of the permit application review under section 
304(g). 
(e) RELEASE.—The Secretary concerned may, upon 
request, after consultation with the Administrator of the 
Environmental Protection Agency, notice and opportunity 
for public comment, and inspection by the Secretary con-
cerned, release, in whole or in part, the financial assurance 
required under this section if the Secretary concerned 
makes both of the following determinations: 
(1) Reclamation or restoration covered by the 
financial assurance has been accomplished as re-
quired by this Act. 
(2) The terms and conditions of any other ap-
plicable Federal requirements, and State require-
ments applicable pursuant to cooperative agreements 
under section 308, have been fulfilled. 
(f) RELEASE SCHEDULE.—The release referred to in 
subsection (e) shall be according to the following schedule: 
(1) After the operator has completed any re-
quired backfilling, regrading, and drainage control of 
an area subject to mineral activities and covered by 
the financial assurance, and has commenced revege-
tation on the regraded areas subject to mineral ac-
tivities in accordance with the approved reclamation 
plan, that portion of the total financial assurance se-
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
that will be needed after the cessation of mineral ac-
tivities. 
(2) RELEASE OF FINANCIAL ASSURANCE.—The 
portion of the financial assurance attributable to 
such estimated cost of treatment shall not be re-
leased until such discharge has ceased for a period 
of 5 years, as determined by ongoing monitoring and 
testing, or, if the discharge continues, until the oper-
ator has met all applicable effluent limitations and 
water quality standards for 5 full years without 
treatment. 
(h) ENVIRONMENTAL HAZARDS.—If the Secretary 
concerned determines, after final release of a financial as-
surance, that an environmental hazard resulting from the 
mineral activities exists, or the terms and conditions of 
the exploration permit or operations permit of this Act 
were not fulfilled at the time of such release, the Secretary 
concerned shall issue an order under section 507 requiring 
the claim holder or operator (or any person who controls 
the claim holder or operator) to correct the condition such 
that applicable laws and regulations and any conditions 
from the operations plan are met. 
SEC. 307. OPERATION AND RECLAMATION. 
(a) GENERAL RULE.— 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) IN
GENERAL.—An operator shall reclaim 
land subject to mineral activities carried out under 
a permit issued under this title to a condition capa-
ble of supporting— 
(A) the uses which such land was capable 
of supporting before surface disturbance by the 
operator; or 
(B) other beneficial uses which conform to 
applicable land use plans as determined by the 
Secretary concerned. 
(2) CONTEMPORANEOUS
RECLAMATION.—Rec-
lamation shall proceed as contemporaneously as 
practicable with the conduct of mineral activities, 
and in the case of a cessation of mineral activities 
beyond that provided for as a temporary cessation 
under this Act, reclamation activities shall begin im-
mediately. 
(b) OPERATION AND RECLAMATION STANDARDS.— 
(1) IN GENERAL.—The Secretary and the Sec-
retary of Agriculture shall jointly issue regulations 
that establish operations and reclamation standards 
for mineral activities permitted under this Act and 
may determine whether outcome-based performance 
standards or technology-based design standards are 
most appropriate. 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) INCLUSIONS.—The regulations required 
under paragraph (1) shall address the following: 
(A) Segregation, protection, and replace-
ment of topsoil or other suitable growth me-
dium, and the prevention, where possible, of soil 
contamination. 
(B) Maintenance of the stability of all sur-
face areas. 
(C) Control of sediments to prevent erosion 
and manage drainage. 
(D) Minimization of the formation and mi-
gration of acidic, alkaline, metal-bearing, or 
other deleterious leachate. 
(E) Reduction of the visual impact of min-
eral activities to the surrounding topography, 
including as necessary pit backfill. 
(F) Establishment of a diverse, effective, 
and permanent vegetative cover of the same 
seasonal variety native to the area affected by 
mineral activities, and equal in extent of cover 
to the natural vegetation of the area. 
(G) Design and maintenance of leach oper-
ations, impoundments, and excess waste accord-
ing to standard engineering standards to 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
achieve and maintain stability and reclamation 
of the site. 
(H) Removal of structures and roads and 
sealing of drill holes. 
(I) Restoration of, or mitigation for, fish 
and wildlife habitat disturbed by mineral activi-
ties. 
(J) Preservation of cultural, paleontolog-
ical, and cave resources. 
(K) Prevention and suppression of fire 
within the area affected by mineral activities. 
(c) SURFACE OR GROUND WATER WITHDRAWALS.— 
The Secretary concerned shall work with State and local 
governments with authority over the allocation and use of 
surface and ground water in the area around the mine 
site as necessary to ensure that any surface or ground 
water withdrawals made as a result of mineral activities 
approved under this title do not cause undue degradation. 
(d) SPECIAL RULE.—Reclamation activities for a 
mining claim, license, or lease that has been forfeited, re-
linquished, or lapsed, or a plan that has expired or been 
revoked or suspended, shall continue subject to review and 
approval by the Secretary concerned. 
SEC. 308. STATE LAW AND REGULATION. 
(a) STATE LAW.— 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(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 that meets or exceeds the requirements of this 
Act shall not be construed to be inconsistent with 
any such standard. 
(2) BONDING
REQUIREMENTS.—Any bonding 
standard or requirement in State law 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 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 may be construed to affect any toxic sub-
stance, solid waste, or air or water quality standard 
or requirement of any State, local, or Tribal law that 
may be applicable to mineral activities on land sub-
ject to this Act. 
(2) WATER RESOURCES.—Nothing in this Act 
may be construed to affect the right of any person 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
to enforce or protect, under applicable law, the inter-
est of such person in water resources affected by 
mineral activities on land subject to this Act. 
(c) COOPERATIVE AGREEMENTS.— 
(1) IN GENERAL.—A State may enter into a co-
operative agreement with the Secretary concerned 
for the purpose of the Secretary concerned applying 
such standards and requirements referred to in sub-
sections (a) and (b) to mineral activities or reclama-
tion on land subject to this Act. 
(2) COMMON REGULATORY FRAMEWORK.— 
(A) IN GENERAL.—If a proposed mineral 
activity would affect land not subject to this 
Act in addition to land subject to this Act, in 
order to approve a plan of operations, the Sec-
retary concerned shall enter into a cooperative 
agreement with the State that establishes a 
common regulatory framework consistent with 
the requirements of this Act for the purposes of 
such plan of operations. 
(B) AUTHORITY
OF
FEDERAL
GOVERN-
MENT.—Any common regulatory framework es-
tablished under subparagraph (A) may not ne-
gate the authority of the Federal Government 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
to independently inspect mines and operations 
and bring enforcement actions for violations. 
(3) NOTICE AND PUBLIC COMMENT.—The Sec-
retary concerned may not enter into a cooperative 
agreement with a 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 between the Secretary concerned and a State, or po-
litical subdivision thereof, relating to the management of 
mineral activities on land subject to this Act that was in 
existence on the effective date of this Act may only con-
tinue in force until 1 year after the effective date of this 
Act, during which such period the Secretary concerned 
and the State shall review the terms of such agreement 
or other understanding and make changes that are nec-
essary to be consistent with this Act. 
TITLE 
IV—ABANDONED 
HARDROCK MINE RECLAMA-
TION PROGRAM 
SEC. 
401. 
FUNDS 
CREDITED 
TO 
THE 
ABANDONED 
HARDROCK MINE RECLAMATION PROGRAM. 
(a) IN GENERAL.—The following amounts shall be 
made available to carry out, to remain available until ex-
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
pended without fiscal year limitation, the Abandoned 
Hardrock Mine Reclamation Program: 
(1) All moneys collected pursuant to sections 
502 and 506. 
(2) 
All 
fees 
received 
under 
section 
304(a)(1)(B). 
(3) All gifts contributed under subsection 
(b)(1). 
(4) All amounts deposited in the Abandoned 
Hardrock Mine Reclamation Program under title I. 
(5) All amounts displaced material reclamation 
fees paid under section 402. 
(b) DONATIONS.— 
(1) ACCEPTANCE.—The Secretary may accept a 
gift of money, to remain available until expended 
without fiscal year limitation, to carry out the Aban-
doned Hardrock Mine Reclamation Program. 
(2) REJECTION.—The Secretary may reject a 
gift under paragraph (1) if such rejection is in the 
interest of the Federal Government. 
SEC. 402. DISPLACED MATERIAL RECLAMATION FEE. 
(a) IMPOSITION OF FEE.—Except as provided in sub-
section (g), each operator conducting mineral activities 
shall pay to the Secretary a displaced material reclamation 
fee of 7 cents per ton of displaced material. 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(b) PAYMENT DEADLINE.—An operator shall pay the 
reclamation fee required by subsection (a) with respect to 
each calendar year beginning with the first calendar year 
that begins after the effective date of this Act not later 
than March 1 of the succeeding year. 
(c) SUBMISSION
OF STATEMENT.—Each operator 
conducting mineral activities shall submit to the Secretary 
a statement of the amount of displaced material produced 
during mineral activities carried out during the preceding 
calendar year, the accuracy of which shall be sworn to by 
the operator and notarized. 
(d) CRIMINAL PENALTY.—Any corporate officer, 
agent, or director of an operator conducting mineral ac-
tivities, and any other person acting on behalf of such a 
person, who knowingly makes any false statement, rep-
resentation, or certification, or knowingly fails to make 
any statement, representation, or certification required 
under this section with respect to such mineral activities 
shall, upon conviction, be punished by a fine of not more 
than $10,000 for deposit in the Abandoned Hardrock 
Mine Reclamation Program. 
(e) CIVIL ACTION TO RECOVER FEE.—Any portion 
of the reclamation fee required under subsection (a) that 
is not properly or promptly paid pursuant to this section 
shall be recoverable, with statutory interest, from the op-
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
erator, in any court of competent jurisdiction in any action 
at law to compel payment of debts. 
(f) EFFECT.—Nothing in this section requires a re-
duction in, or otherwise affects, any similar fee required 
under any law or regulation of any State. 
(g) EXEMPTION.—The fee under this section shall 
not apply for a small miner’s lease. 
TITLE V—ADDITIONAL 
PROVISIONS 
SEC. 501. POLICY FUNCTIONS. 
(a) MINERALS POLICY.—Section 101 of the Mining 
and Minerals Policy Act of 1970 (30 U.S.C. 21a) is 
amended— 
(1) by inserting ‘‘and to ensure that mineral ex-
traction and processing do not cause unnecessary or 
undue degradation of the natural and cultural re-
sources of the public lands’’ after ‘‘activities’’; and 
(2) by adding at the end the following: ‘‘It shall 
also be the responsibility of the Secretary of Agri-
culture to carry out the policy provisions of para-
graphs (1) and (2) of this section.’’. 
(b) MINERAL DATA.—Section 5(e)(3) of the National 
Materials and Minerals Policy, Research and Development 
Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by insert-
ing before the period the following: ‘‘, except that for Na-
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
tional Forest System lands, the Secretary of Agriculture 
shall promptly initiate actions to improve the availability 
and analysis of mineral data in Federal land-use decision-
making’’. 
SEC. 502. USER FEES AND INFLATION ADJUSTMENT. 
(a) USER FEES.—The Secretary and the Secretary 
of Agriculture may each establish and collect from persons 
subject to the requirements of this Act such user fees as 
may be necessary to reimburse the United States for ex-
penses incurred in the administration of such require-
ments. Fees may be assessed and collected under this sec-
tion only in such manner as may reasonably be expected 
to result in an aggregate amount of the fees collected dur-
ing any fiscal year which does not exceed the aggregate 
amount of administrative expenses referred to in this sec-
tion. 
(b) ADJUSTMENT OF USER FEES.— 
(1) INFLATION.—The Secretary shall adjust the 
user fees established by this section, and all claim 
maintenance fees, rental rates, penalty amounts, and 
other dollar amounts established in this Act, to re-
flect changes in the Consumer Price Index published 
by the Bureau of Labor Statistics of the Depart-
ment of Labor every 3 years after the effective date 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
of this Act, or more frequently if the Secretary de-
termines an adjustment to be reasonable. 
(2) NOTICE.—The Secretary shall provide claim 
holders, license holders, and lease holders notice of 
any adjustment made under this subsection not later 
than July 1 of the year in which the adjustment is 
made. 
(3) APPLICABILITY.—A fee adjustment under 
this subsection shall begin to apply the calendar year 
following the calendar year in which it is made. 
SEC. 503. INSPECTION AND MONITORING. 
(a) INSPECTIONS.— 
(1) IN
GENERAL.—The Secretary concerned 
shall conduct inspections of mineral activities so as 
to ensure compliance with the requirements of this 
Act. 
(2) FREQUENCY.— 
(A) IN
GENERAL.—The Secretary con-
cerned shall establish a frequency of inspections 
for mineral activities conducted under a permit 
issued under title III, but in no event shall such 
inspection frequency be less than 1 complete in-
spection per calendar quarter or, in the case of 
a permit for which the Secretary concerned ap-
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
proves an application under section 304(f), 2 
per calendar quarter. 
(B) FREQUENCY AFTER REVEGETATION.— 
After revegetation has been completed in ac-
cordance with a reclamation plan, the Secretary 
concerned shall conduct 2 complete inspections 
annually. 
(C) SEASONAL MINERAL ACTIVITIES.—The 
Secretary concerned may modify the inspection 
frequency for mineral activities that are con-
ducted on a seasonal basis. 
(D) TERMINATION.—Inspections shall con-
tinue under this subsection until final release of 
financial assurance. 
(3) BY REQUEST.— 
(A) IN GENERAL.—Any person that has 
reason to believe such person is or may be ad-
versely affected by mineral activities due to any 
violation of the requirements of a permit ap-
proved under this Act may request an inspec-
tion under this section of such mineral activi-
ties. 
(B) REVIEW PERIOD.—Not later than 30 
business days after the date the Secretary con-
cerned receives a request under subparagraph 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A), the Secretary concerned shall determine 
whether the request states a reason to believe 
that a violation exists. 
(C) IMMINENT THREAT.—If, in a request 
submitted under subparagraph (A), a person al-
leges and provides reason to believe that an im-
minent threat to the environment or danger to 
the health or safety of the public exists, sub-
paragraph (B) shall not apply and the inspec-
tion shall be conducted immediately. 
(D) NOTIFICATION.—The Secretary con-
cerned shall notify the person that submitted a 
request under subparagraph (A) when an in-
spection is conducted pursuant to such request, 
and such person may accompany the Secretary 
concerned during the inspection. 
(E) LIABILITY.—The Secretary concerned 
shall not incur any liability for granting a re-
quest to allow any person to accompany such 
Secretary concerned under subparagraph (D). 
(F) ANONYMITY.—If a person that sub-
mits a request under subparagraph (A) or (C) 
requests that the identity of such person remain 
confidential, the Secretary concerned shall keep 
such information confidential unless such per-
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
son accompanies the Secretary concerned dur-
ing the inspection under subparagraph (D). 
(G) PROCEDURES.—The Secretary and the 
Secretary of Agriculture shall jointly issue regu-
lations to establish procedures for the review 
of— 
(i) any decision by an authorized rep-
resentative of such Secretaries not to carry 
out an inspection under this paragraph; or 
(ii) any refusal by such authorized 
representative to ensure that remedial ac-
tions are taken with respect to any alleged 
violation. 
(H) WRITTEN
STATEMENT.—The Sec-
retary concerned shall give a person that sub-
mits a request under subparagraph (A) a writ-
ten statement of the reasons for the final dis-
position of the request. 
(b) MONITORING.— 
(1) MONITORING SYSTEM.— 
(A) IN
GENERAL.—The Secretary con-
cerned shall require all operators to develop and 
maintain a monitoring and evaluation system 
that shall identify compliance with all require-
ments of a permit issued under this Act. 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(B) ADDITIONAL MONITORING.—The Sec-
retary concerned may require an operator to 
conduct additional monitoring as necessary to 
ensure compliance with the reclamation and 
other environmental standards of this Act. Such 
monitoring and evaluation system described in 
subparagraph (A) and any additional moni-
toring required by this subparagraph is subject 
to the approval of the Secretary. 
(2) REPORTING REQUIREMENTS.— 
(A) IN GENERAL.—An operator shall file 
reports with the Secretary concerned, on a fre-
quency and containing such information as de-
termined by the Secretary concerned, regarding 
the results of the monitoring and evaluation 
system, except that if the monitoring and eval-
uation system shows a violation of the require-
ments of a permit issued under this Act, the 
operator shall immediately report such violation 
to the Secretary concerned. 
(B) ENFORCEMENT.—The Secretary con-
cerned shall evaluate the reports submitted pur-
suant to this paragraph, and, based on such re-
ports and any necessary inspection, shall take 
enforcement action pursuant to section 506. 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(C) MAINTENANCE
OF
REPORTS; AVAIL-
ABILITY TO PUBLIC.—The Secretary concerned 
and each operator shall both maintain each re-
port submitted by such operator under this 
paragraph and make each such report available 
to the public. 
(3) FAILURE TO REPORT.—If an operator fails 
to file a report as required under this section such 
failure shall constitute a violation of this Act and 
subject the operator to enforcement action pursuant 
to section 506. 
SEC. 504. CITIZENS SUITS. 
(a) IN GENERAL.—Except as provided in subsection 
(c), any person may commence a civil action to compel 
compliance— 
(1) against any person that is alleged to be in 
violation of this Act or any term or condition of any 
lease, license, or permit issued under this Act; or 
(2) against the Secretary concerned if the Sec-
retary concerned failed to perform any act or duty 
under this Act, or to issue any regulation under this 
Act, required by this Act. 
(b) DISTRICT COURT JURISDICTION.— 
(1) IN GENERAL.—The United States district 
courts shall have jurisdiction over an action brought 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
under this section, without regard to the amount in 
controversy or the citizenship of the parties, includ-
ing actions brought to apply any civil penalty under 
this Act. 
(2) 
AGENCY
ACTION
UNREASONABLY
DE-
LAYED.—The United States district courts shall 
have jurisdiction to compel agency action unreason-
ably delayed, except that an action to compel agency 
action reviewable under section 505 may only be 
filed in a United States district court within the cir-
cuit in which such action would be reviewable under 
section 505. 
(c) EXCEPTIONS.— 
(1) NOTICE.—No action may be commenced 
under subsection (a) before the end of the 60-day 
period beginning on the date the plaintiff has given 
notice in writing of such alleged violation to the al-
leged violator and the Secretary concerned, except 
that any such action may be brought immediately 
after such notification if the violation complained of 
constitutes an imminent threat to the environment 
or to the health or safety of the public or to property 
eligible for listing on the National Register of His-
toric Places. 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) ONGOING LITIGATION.—No action may be 
brought against any person other than the Secretary 
concerned under subsection (a)(1) if the Secretary 
concerned has commenced and is diligently pros-
ecuting a civil or criminal action in a court of the 
United States to require compliance. 
(3) EXCEPTION.—No action may be commenced 
under subsection (a)(2) against the Secretary con-
cerned to review any regulation issued, or any per-
mit issued or denied, by the Secretary concerned if 
such regulation or permit issuance or denial is judi-
cially reviewable under section 505 or under any 
other provision of law at any time after such 
issuance or denial is final. 
(d) VENUE.—Venue of all actions brought under this 
section shall be determined in accordance with section 
1391 of title 28, United States Code. 
(e) COSTS.—The court, in issuing any final order in 
any action brought pursuant to this section, may award 
costs of litigation (including attorney and expert witness 
fees) to any party whenever the court determines such 
award is appropriate. The court may, if a temporary re-
straining order or preliminary injunction is sought, require 
the filing of a bond or equivalent security in accordance 
with the Federal Rules of Civil Procedure. 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(f) SAVINGS CLAUSE.— 
(1) IN GENERAL.—Nothing in this section shall 
restrict any right which any person (or class of per-
sons) may have under chapter 7 of title 5, United 
States Code, under this section, or under any other 
statute or common law to bring an action to seek 
any relief against the Secretary or the Secretary of 
Agriculture or against any other person, including 
any action for any violation of this Act or of any 
regulation or permit issued under this Act or for any 
failure to act as required by law. 
(2) JURISDICTION.—Nothing in this section 
shall affect the jurisdiction of any court under any 
provision of title 28, United States Code, including 
any action for any violation of this Act or of any 
regulation or permit issued under this Act or for any 
failure to act as required by law. 
SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) REVIEW BY SECRETARY CONCERNED.— 
(1) NOTICE OF VIOLATION.—Any person issued 
a notice of violation or cessation order under section 
507, or any person having an interest which is or 
may be adversely affected by such notice or order, 
may apply to the Secretary concerned for review of 
such notice or order not later than 30 days after re-
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
ceipt thereof, or as the case may be, not later than 
30 days after such notice or order is modified, va-
cated, or terminated. 
(2) REVIEW OF PENALTY.—Any person that is 
subject to a penalty assessed under section 507 may 
apply to the Secretary concerned for review of the 
assessment not later than 45 days of notification of 
such penalty. 
(3) THIRD-PARTY REQUESTS.—Any person may 
apply to the Secretary concerned for review of a de-
cision under this subsection not later than 30 days 
after such decision is issued. 
(4) STAYS PENDING REVIEW.—Pending a re-
view by the Secretary concerned or resolution of an 
administrative appeal, final decisions (except en-
forcement actions under section 507) shall be 
stayed. 
(5) PUBLIC
HEARING.—The Secretary con-
cerned shall provide an opportunity for public hear-
ing at the request of any party to a review under 
paragraph (1). The filing of an application for re-
view under this subsection shall not operate as a 
stay of any order or notice issued under section 507. 
(6) WRITTEN DECISION.— 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A) IN GENERAL.—For any review under 
this subsection, the Secretary concerned shall 
make findings of fact and shall issue a written 
decision 
incorporating 
therein 
an 
order 
vacating, affirming, modifying, or terminating 
the notice, order, or decision, or with respect to 
an assessment, the amount of penalty that is 
warranted. 
(B) DEADLINE.—Where an application for 
review under this subsection concerns a ces-
sation order issued under section 506, the Sec-
retary concerned shall, unless temporary relief 
has been granted by the Secretary concerned 
under paragraph (7), issue the written decision 
not later than the later of— 
(i) 30 days after the date of the re-
ceipt of the application for review; and 
(ii) 30 days after the conclusion of 
any hearing referred to in paragraph (5). 
(7) TEMPORARY RELIEF.— 
(A) IN GENERAL.—Pending completion of 
any review under this subsection, the person 
that submitted an application for review under 
paragraph (1) may file with the Secretary con-
cerned a written request that the Secretary con-
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
100 
cerned grant temporary relief from any order 
issued under section 507 including a detailed 
statement of the basis for such relief. 
(B) DECISION.—The Secretary concerned 
shall expeditiously issue an order or decision 
granting or denying an application for tem-
porary relief submitted under subparagraph 
(A). 
(C) 
LIMITATION.—The 
Secretary 
con-
cerned may grant temporary relief under sub-
paragraph (B) under such conditions as they 
may prescribe only if the Secretary concerned 
determines that such relief will not adversely af-
fect the health or safety of the public or cause 
imminent environmental harm to land, air, or 
water resources. 
(8) SAVINGS CLAUSE.—The availability of re-
view under this subsection shall not be construed to 
limit the operation of rights under section 504. 
(b) JUDICIAL REVIEW.— 
(1) COURT OF APPEALS FOR THE DISTRICT OF 
COLUMBIA.—Any final action by the Secretary or 
the Secretary of Agriculture in issuing regulations to 
implement this Act, or any other final actions consti-
tuting rulemaking to implement this Act, shall be 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
101 
subject to judicial review only in a United States 
Court of Appeals for a circuit in which an affected 
State is located or within the District of Columbia. 
(2) PETITION FOR REVIEW.—A petition for re-
view of any action subject to judicial review under 
this subsection shall be filed not later than 60 days 
after the date of such action, or after such date if 
the petition is based solely on grounds arising after 
the 60th day. Any such petition may be made by any 
person that commented or otherwise participated in 
the rulemaking or any person that may be adversely 
affected by the action of the Secretary or the Sec-
retary of Agriculture. 
(3) STANDARD OF REVIEW.—Final agency ac-
tion under this subsection, including such final ac-
tion on those matters described under subsection 
(a), shall be subject to judicial review in accordance 
with paragraph (4) and pursuant to section 1391 of 
title 28, United States Code, not later than 60 days 
after the date of such final action. Any action sub-
ject to judicial review under this subsection shall be 
affirmed unless the court concludes that such action 
is arbitrary, capricious, or otherwise inconsistent 
with law. 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
102 
(4) SAVINGS CLAUSE.—The availability of judi-
cial review established in this subsection shall not be 
construed to limit the operations of rights under sec-
tion 504. 
(5) RECORD.—The court shall hear any petition 
or complaint filed under this subsection solely on the 
record made before the Secretary concerned. The 
court may affirm or vacate any order or decision or 
may remand the proceedings to the Secretary con-
cerned for such further action as it may direct. 
(6) COMMENCEMENT OF A PROCEEDING NOT A 
STAY.—The commencement of a proceeding under 
this section shall not, unless specifically ordered by 
the court, operate as a stay of the action, order, or 
decision of the Secretary concerned. 
(c) COSTS.—Whenever a proceeding occurs under 
subsection (a) or (b), at the request of any person, a sum 
equal to the aggregate amount of all costs and expenses 
(including attorney fees) as determined by the Secretary 
concerned or the court to have been reasonably incurred 
by such person for or in connection with participation in 
such proceedings, including any judicial review of the pro-
ceeding, may be assessed against either party as the court, 
in the case of judicial review, or the Secretary concerned 
in the case of administrative proceedings, deems appro-
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
103 
priate if it is determined that such party prevailed in 
whole or in part, achieving some success on the merits, 
and that such party made a substantial contribution to 
a full and fair determination of the issues. 
SEC. 506. REPORTING REQUIREMENTS. 
(a) REPORT TO SECRETARY CONCERNED.—An oper-
ator engaging in any mineral activities on Federal land 
or on Indian land shall submit to the Secretary concerned 
an annual report, in a time and manner prescribed by the 
Secretary concerned, describing the total amount (in met-
ric tons) and value of hardrock minerals produced through 
such mineral activities, including the total amount and 
value of any hardrock minerals produced from a mine par-
tially located on either Federal land or Indian land, 
disaggregated by hardrock mineral and by percentage ex-
tracted from Federal land and percentage extracted from 
Indian land. 
(b) FAILURE TO REPORT.—Any person that fails to 
comply with the requirements of subsection (a) shall be 
subject to a civil penalty not to exceed $25,000 per day 
during which such failure continues, which may be as-
sessed by the Secretary concerned. 
(c) REPORT TO CONGRESS.—The Secretary shall an-
nually submit to Congress a report providing the following 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
104 
information for each hardrock mine located on Federal 
land or on Indian land: 
(1) The data submitted for such mine under 
subsection (a). 
(2) The name of the operator of such mine. 
(3) The State in which such mine is located. 
(4) The Bureau of Land Management field of-
fice with jurisdiction over such mine. 
(5) Whether such mine is located on Federal 
land. 
(6) Whether such mine is located on Indian 
land. 
(d) REGULATIONS.—Not later than 1 year after the 
effective date of this Act, the Secretary shall issue such 
regulations as are necessary to carry out this section. 
SEC. 507. ENFORCEMENT. 
(a) ORDERS.— 
(1) NOTICE OF VIOLATION.— 
(A) IN GENERAL.—If the Secretary con-
cerned determines that any person is in viola-
tion of any environmental protection require-
ment or any regulation issued by the Secretary 
concerned to implement this Act, such the Sec-
retary concerned shall issue to such person a 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
105 
notice of violation describing the violation and 
the corrective measures to be taken. 
(B) TIME TO ABATE.—A person issued a 
notice of violation under subparagraph (A) shall 
abate such violation within a time period deter-
mined by the Secretary concerned which shall 
not exceed 30 days. 
(C) EXTENSION OF TIME TO ABATE.—The 
Secretary concerned may, upon a showing of 
good cause by the person issued a notice of vio-
lation under subparagraph (A), extend the pe-
riod of time under subparagraph (B). 
(D) CONTINUED VIOLATION.—If, upon the 
expiration of the time period under subpara-
graph (B), including any extension under sub-
paragraph (C), the Secretary concerned finds 
that the person issued a notice of violation 
under subparagraph (A) has not abated such 
violation, the Secretary concerned shall imme-
diately order a cessation of all mineral activities 
or the portion thereof relevant to the violation. 
(2) ORDER FOR IMMEDIATE CESSATION.—If the 
Secretary concerned determines that any condition 
or practice exists, or that any person is in violation 
of any requirement under a permit issued under this 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
106 
Act, and such condition, practice, or violation is 
causing, or can reasonably be expected to cause ei-
ther of the following, the Secretary concerned shall 
immediately order a cessation of all mineral activi-
ties or the portion thereof relevant to the condition, 
practice, or violation: 
(A) An imminent danger to the health or 
safety of the public. 
(B) Significant, imminent environmental 
harm to land, air, water, or fish or wildlife re-
sources. 
(3) DURATION.— 
(A) TERMINATION.—A cessation order 
issued pursuant to paragraph (1) or (2) shall 
remain in effect until the Secretary concerned 
determines that the condition, practice, or viola-
tion has been abated or until such order is 
modified, vacated, or terminated by the Sec-
retary concerned. In any such order, the Sec-
retary concerned shall determine the steps nec-
essary to abate the violation in the most expedi-
tious manner possible and shall include the nec-
essary measures in such order. 
(B) FINANCIAL
ASSURANCES.—The Sec-
retary concerned shall require appropriate fi-
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
107 
nancial assurances to ensure that the abate-
ment obligations are met when issuing a ces-
sation order under this section. 
(C) AUTHORITY OF THE SECRETARY CON-
CERNED.—Any notice or order issued pursuant 
to paragraph (1) or (2) may be modified, va-
cated, or terminated by the Secretary con-
cerned. Any person to whom any such notice or 
order is issued shall be entitled to a hearing on 
the record. 
(4) ALTERNATIVE ENFORCEMENT ACTION.— 
(A) IN GENERAL.—If, 30 days after the 
notice of violation referred to in paragraph 
(1)(A) is issued, the required abatement has 
not occurred, the Secretary concerned shall take 
such alternative enforcement action against the 
claim holder, license holder, lease holder, or op-
erator (or any person who controls the claim 
holder, license holder, lease holder, or operator) 
as will most likely bring about such required 
abatement in the most expeditious manner pos-
sible, which may include seeking appropriate in-
junctive relief to bring about abatement. 
(B) EARLIER
ALTERNATIVE
ENFORCE-
MENT
ACTION.—Nothing in this paragraph 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
108 
shall preclude the Secretary concerned from 
taking alternative enforcement action before the 
expiration of the 30-day period described in 
subparagraph (A). 
(5) FAILURE OR DEFAULT.— 
(A) IN GENERAL.—If a claim holder, li-
cense holder, lease holder, or operator (or any 
person who controls the claim holder, license 
holder, lease holder, or operator) fails to abate 
a violation or defaults on the terms of a permit 
issued under this Act, the Secretary concerned 
shall forfeit the financial assurance required 
under section 306 as necessary to ensure abate-
ment and reclamation under this Act. 
(B) RECLAMATION BY SURETY.—The Sec-
retary concerned may prescribe conditions 
under which a surety may perform reclamation 
in accordance with section 307 in lieu of for-
feiture under subparagraph (A). 
(6) PENDING
REVIEW.—The Secretary con-
cerned shall not cause forfeiture of financial assur-
ance while administrative or judicial review is pend-
ing. 
(7) LIABILITY
IN
THE
EVENT
OF
FOR-
FEITURE.—In the event of forfeiture, the claim hold-
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
109 
er, license holder, lease holder, operator, or any affil-
iate thereof, as determined appropriate by the Sec-
retary by regulation, shall be jointly and severally 
liable for any remaining reclamation obligations 
under this Act. 
(b) COMPLIANCE.—The Secretary concerned may re-
quest that the Attorney General institute a civil action for 
relief, including a permanent or temporary injunction or 
restraining order and any other appropriate enforcement 
order, including the imposition of civil penalties, in the 
United States district court for the district in which the 
mineral activities are located, whenever a person— 
(1) violates, fails, or refuses to comply with any 
order issued by the Secretary concerned under sub-
section (a); or 
(2) interferes with, hinders, or delays the Sec-
retary concerned in carrying out an inspection under 
section 503. 
Such court shall have jurisdiction to provide such relief 
as may be appropriate. Any relief granted by such court 
to enforce an order under paragraph (1) shall continue 
in effect until the completion or final termination of all 
proceedings for review of such order unless the court 
granting such relief sets it aside. 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
110 
(c) DELEGATION.—Notwithstanding any other provi-
sion of law, the Secretary may utilize personnel of the Of-
fice of Surface Mining Reclamation and Enforcement to 
ensure compliance with the requirements of this Act. 
(d) PENALTIES.— 
(1) FAILURE TO COMPLY WITH REQUIREMENTS 
OF A PERMIT.— 
(A) IN GENERAL.—A person who fails to 
comply with any requirement of a permit issued 
under this Act or any regulation issued to im-
plement this Act shall be liable for a penalty of 
not more than $25,000 per violation. 
(B) SEPARATE VIOLATIONS.—Each day of 
violation may be deemed a separate violation 
for purposes of a penalty assessment under this 
paragraph. 
(2) FAILURE TO COMPLY WITH A CESSATION 
ORDER.—A person who fails to correct a violation 
for which a cessation order has been issued under 
subsection (a) within the period permitted for cor-
rection of such violation shall be assessed a civil pen-
alty of not less than $1,000 per violation for each 
day during which such failure continues. 
(3) PENALTIES
FOR
DIRECTORS, OFFICERS, 
AND AGENTS.—Whenever a corporation is in viola-
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
111 
tion of a requirement of a permit issued under this 
Act or any regulation issued to implement this Act 
or fails or refuses to comply with an order issued 
under subsection (a), any director, officer, or agent 
of such corporation who knowingly authorized, or-
dered, or carried out such violation, failure, or re-
fusal shall be subject to the same penalties as may 
be imposed upon a person described in paragraph 
(1). 
(e) SUSPENSIONS OR REVOCATIONS.—The Secretary 
concerned shall suspend or revoke a permit issued under 
title II, in whole or in part, if the operator— 
(1) knowingly made or knowingly makes any 
false, inaccurate, or misleading material statement 
in any mining claim, notice of location, application, 
record, report, plan, or other document filed or re-
quired to be maintained under this Act; 
(2) fails to abate a violation covered by a ces-
sation order issued under subsection (a); 
(3) fails to comply with an order of the Sec-
retary concerned; 
(4) refuses to permit an audit pursuant to this 
Act; 
(5) fails to maintain an adequate financial as-
surance under section 306; 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB