sale of locatable minerals, concentrates, or products 
derived therefrom from claims on lands open to loca-
tion under this title. 
(3) Trade secrets, proprietary, and other con-
fidential information protected from disclosure under 
section 552 of title 5, United States Code, popularly 
known as the Freedom of Information Act, shall be 
made available by the Secretary to other Federal 
agencies as necessary to assure compliance with this 
title and other Federal laws. The Secretary, the Sec-
retary of Agriculture, the Administrator of the Envi-
ronmental Protection Agency, and other Federal of-
ficials shall ensure that such information is provided 
protection in accordance with the requirements of 
that section. 
(f) INTEREST AND SUBSTANTIAL UNDERREPORTING 
ASSESSMENTS.— 
(1) In the case of mining claims where royalty 
payments are not received by the Secretary on the 
date that such payments are due, the Secretary shall 
charge interest on such underpayments at the same 
interest rate as the rate applicable under section 
6621(a)(2) of the Internal Revenue Code of 1986. 
In the case of an underpayment, interest shall be 
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computed and charged only on the amount of the de-
ficiency and not on the total amount. 
(2) If there is any underreporting of royalty 
owed on production from a claim for any production 
month by any person liable for royalty payments 
under this section, the Secretary shall assess a pen-
alty of not greater than 25 percent of the amount 
of that underreporting. 
(3) For the purposes of this subsection, the 
term ‘‘underreporting’’ means the difference between 
the royalty on the value of the production that 
should have been reported and the royalty on the 
value of the production which was reported, if the 
value that should have been reported is greater than 
the value that was reported. 
(4) The Secretary may waive or reduce the as-
sessment provided in paragraph (2) of this sub-
section if the person liable for royalty payments 
under this section corrects the underreporting before 
the date such person receives notice from the Sec-
retary that an underreporting may have occurred, or 
before 90 days after the date of the enactment of 
this section, whichever is later. 
(5) The Secretary shall waive any portion of an 
assessment under paragraph (2) of this subsection 
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attributable to that portion of the underreporting for 
which the person responsible for paying the royalty 
demonstrates that— 
(A) such person had written authorization 
from the Secretary to report royalty on the 
value of the production on basis on which it was 
reported; 
(B) such person had substantial authority 
for reporting royalty on the value of the produc-
tion on the basis on which it was reported; 
(C) such person previously had notified the 
Secretary, in such manner as the Secretary may 
by rule prescribe, of relevant reasons or facts 
affecting the royalty treatment of specific pro-
duction which led to the underreporting; or 
(D) such person meets any other exception 
which the Secretary may, by rule, establish. 
(g) DELEGATION.—For the purposes of this section, 
the term ‘‘Secretary’’ means the Secretary of the Interior 
acting through the Director of the Minerals Management 
Service. 
(h) EXPANDED ROYALTY OBLIGATIONS.—Each per-
son liable for royalty payments under this section shall 
be jointly and severally liable for royalty on all locatable 
minerals, concentrates, or products derived therefrom lost 
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or wasted from a mining claim located under the general 
mining laws and maintained in compliance with this title 
when such loss or waste is due to negligence on the part 
of any person or due to the failure to comply with any 
rule, regulation, or order issued under this section. 
(i) GROSS INCOME FROM MINING DEFINED.—For 
the purposes of this section, for any locatable mineral, the 
term ‘‘gross income from mining’’ has the same meaning 
as the term ‘‘gross income’’ in section 613(c) of the Inter-
nal Revenue Code of 1986. 
(j) EFFECTIVE DATE.—The royalty under this sec-
tion shall take effect with respect to the production of 
locatable minerals after the enactment of this Act, but any 
royalty payments attributable to production during the 
first 12 calendar months after the enactment of this Act 
shall be payable at the expiration of such 12-month period. 
(k) FAILURE TO COMPLY WITH ROYALTY REQUIRE-
MENTS.—Any person who fails to comply with the require-
ments of this section or any regulation or order issued to 
implement this section shall be liable for a civil penalty 
under section 109 of the Federal Oil and Gas Royalty 
Management Act (30 U.S.C. 1719) to the same extent as 
if the claim located under the general mining laws and 
maintained in compliance with this title were a lease under 
that Act. 
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SEC. 512. HARDROCK MINING CLAIM MAINTENANCE FEE. 
(a) FEE.— 
(1) Except as provided in section 2511(e)(2) of 
the Energy Policy Act of 1992 (relating to oil shale 
claims), for each unpatented mining claim, mill or 
tunnel site on federally owned lands, whether located 
before, on, or after enactment of this Act, each 
claimant shall pay to the Secretary, on or before Au-
gust 31 of each year, a claim maintenance fee of 
$200 per claim to hold such unpatented mining 
claim, mill or tunnel site for the assessment year be-
ginning at noon on the next day, September 1. Such 
claim maintenance fee shall be in lieu of the assess-
ment work requirement contained in the Mining Law 
of 1872 (30 U.S.C. 28 et seq.) and the related filing 
requirements contained in section 314(a) and (c) of 
the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1744(a) and (c)). 
(2)(A) The Secretary shall adjust the fees re-
quired by this section to reflect changes in the Con-
sumer Price Index published by the Bureau of Labor 
Statistics of the Department of Labor every 5 years 
after the date of enactment of this Act, or more fre-
quently if the Secretary determines an adjustment to 
be reasonable. The Secretary shall employ the Con-
sumer Price Index for All-Urban Consumers pub-
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lished by the Department of Labor as the basis for 
adjustment, and rounding according to the adjust-
ment process of conditions of the Federal Civil Pen-
alties Inflation Adjustment Act of 1990 (104 Stat. 
890). 
(B) The Secretary shall provide claimants no-
tice of any adjustment made under this paragraph 
not later than July 1 of any year in which the ad-
justment is made. 
(C) A fee adjustment under this paragraph 
shall begin to apply the calendar year following the 
calendar year in which it is made. 
(b) LOCATION.—Notwithstanding any provision of 
law, for every unpatented mining claim, mill or tunnel site 
located after the date of enactment of this Act the locator 
shall, at the time the location notice is recorded with the 
Bureau of Land Management, pay to the Secretary a loca-
tion fee, in addition to the fee required by subsection (a) 
of $50 per claim. 
(c) CO-OWNERSHIP.—The co-ownership provisions of 
the Mining Law of 1872 (30 U.S.C. 28 et seq.) will remain 
in effect except that the annual claim maintenance fee, 
where applicable, shall replace applicable assessment re-
quirements and expenditures. 
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(d) FAILURE TO PAY.—Failure to pay the claim 
maintenance fee as required by subsection (a) shall conclu-
sively constitute a forfeiture of the unpatented mining 
claim, mill or tunnel site by the claimant and the claim 
shall be deemed null and void by operation of law. 
(e) OTHER REQUIREMENTS.— 
(1) Nothing in this section shall change or mod-
ify the requirements of section 314(b) of the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1744(b)), or the requirements of section 
314(c) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1744(c)) related to filings 
required by section 314(b), which remain in effect. 
(2) Section 2324 of the Revised Statutes of the 
United States (30 U.S.C. 28) is amended by insert-
ing ‘‘or section 103(a) of the Hardrock Mining Re-
form and Deficit Reduction Act of 2011’’ after ‘‘Act 
of 1993,’’. 
SEC. 513. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY 
OF CLAIMS. 
Timely payment of the claim maintenance fee re-
quired by section 512 of this title or any related law relat-
ing to the use of Federal land, preserves the claimant’s 
ability to use and occupy the Federal land concerned for 
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prospecting and exploration, consistent with and subject 
to the requirements of this title and other applicable law. 
SEC. 514. LIMITATION ON PATENTS. 
(a) MINING CLAIMS.— 
(1) DETERMINATIONS
REQUIRED.—After the 
date of enactment of this Act, no patent shall be 
issued by the United States for any mining claim lo-
cated under the general mining laws unless the Sec-
retary determines that, for the claim concerned— 
(A) a patent application was filed with the 
Secretary on or before September 30, 1994; 
and 
(B) all requirements established under sec-
tions 2325 and 2326 of the Revised Statutes 
(30 U.S.C. 29 and 30) for vein or lode claims 
and sections 2329, 2330, 2331, and 2333 of 
the Revised Statutes (30 U.S.C. 35, 36, and 
37) for placer claims were fully complied with 
by that date. 
(2) RIGHT TO PATENT.—If the Secretary makes 
the determinations referred to in subparagraphs (A) 
and (B) of paragraph (1) for any mining claim, the 
holder of the claim shall be entitled to the issuance 
of a patent in the same manner and degree to which 
such claim holder would have been entitled to prior 
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to the enactment of this Act, unless and until such 
determinations are withdrawn or invalidated by the 
Secretary or by a court of the United States. 
(b) MILLSITE CLAIMS.— 
(1) DETERMINATIONS
REQUIRED.—After the 
date of enactment of this Act, no patent shall be 
issued by the United States for any millsite claim lo-
cated under the general mining laws unless the Sec-
retary determines that for the millsite concerned— 
(A) a patent application for such land was 
filed with the Secretary on or before September 
30, 1994; and 
(B) all requirements applicable to such 
patent application were fully complied with by 
that date. 
(2) RIGHT TO PATENT.—If the Secretary makes 
the determinations referred to in subparagraphs (A) 
and (B) of paragraph (1) for any millsite claim, the 
holder of the claim shall be entitled to the issuance 
of a patent in the same manner and degree to which 
such claim holder would have been entitled to prior 
to the enactment of this Act, unless and until such 
determinations are withdrawn or invalidated by the 
Secretary or by a court of the United States. 
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Subtitle B—Protection of Special 
Places 
SEC. 521. LANDS OPEN TO LOCATION. 
(a) LANDS OPEN TO LOCATION.—Except as provided 
in subsection (b), mining claims may be located under the 
general mining laws only on such lands and interests as 
were open to the location of mining claims under the gen-
eral mining laws immediately before the enactment of this 
Act. 
(b) LANDS NOT OPEN
TO LOCATION.—Notwith-
standing any other provision of law and subject to valid 
existing rights, each of the following shall not be open to 
the location of mining claims under the general mining 
laws on or after the date of enactment of this Act: 
(1) Wilderness study areas. 
(2) Areas of critical environmental concern. 
(3) Areas designated for inclusion in the Na-
tional Wild and Scenic Rivers System pursuant to 
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
seq.), areas designated for potential addition to such 
system pursuant to section 5(a) of that Act (16 
U.S.C. 1276(a)), and areas determined to be eligible 
for inclusion in such system pursuant to section 5(d) 
of such Act (16 U.S.C. 1276(d)). 
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(4) Any area identified in the set of inventoried 
roadless areas maps contained in the Forest Service 
Roadless Area Conservation Final Environmental 
Impact Statement, Volume 2, dated November 2000. 
(c) EXISTING AUTHORITY NOT AFFECTED.—Noth-
ing in this title limits the authority granted the Secretary 
in section 204 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1714) to withdraw public 
lands. 
SEC. 522. WITHDRAWAL PETITIONS BY STATES, POLITICAL 
SUBDIVISIONS, AND INDIAN TRIBES. 
(a) IN GENERAL.—Subject to valid existing rights, 
any State or political subdivision of a State or an Indian 
tribe may submit a petition to the Secretary for the with-
drawal of a specific tract of Federal land from the oper-
ation of the general mining laws, in order to protect spe-
cific values identified in the petition that are important 
to the State or political subdivision or Indian tribe. Such 
values may include the value of a watershed to supply 
drinking water, wildlife habitat value, cultural or historic 
resources, or value for scenic vistas important to the local 
economy, and other similar values. In the case of an In-
dian tribe, the petition may also identify religious or cul-
tural values that are important to the Indian tribe. The 
petition shall contain the information required by section 
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204 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1714). 
(b) CONSIDERATION OF PETITION.—The Secretary— 
(1) shall solicit public comment on the petition; 
(2) shall make a final decision on the petition 
within 180 days after receiving it; and 
(3) shall grant the petition subject to valid ex-
isting rights, unless the Secretary makes and pub-
lishes in the Federal Register specific findings why 
a decision to grant the petition would be against the 
national interest. 
Subtitle C—Environmental Consid-
erations of Mineral Exploration 
and Development 
SEC. 531. GENERAL STANDARD FOR HARDROCK MINING ON 
FEDERAL LAND. 
Notwithstanding section 302(b) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1732(b)), 
the first section of the Act of June 4, 1897 (chapter 2; 
30 Stat. 36 16 U.S.C. 478), and the National Forest Man-
agement Act of 1976 (16 U.S.C. 1600 et seq.), and in 
accordance with this subtitle and applicable law, unless ex-
pressly stated otherwise in this title, the Secretary— 
(1) shall ensure that mineral activities on any 
Federal land that is subject to a mining claim, mill-
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site claim, or tunnel site claim is carefully controlled 
to prevent undue degradation of public lands and re-
sources; and 
(2) shall not grant permission to engage in min-
eral activities if the Secretary, after considering the 
evidence, determines that undue degradation would 
result from such activities. 
SEC. 532. PERMITS. 
(a) PERMITS REQUIRED.—No person may engage in 
mineral activities on Federal land that may cause a dis-
turbance of surface resources, including land, air, ground 
water and surface water, and fish and wildlife, unless— 
(1) the claim was properly located under the 
general mining laws and maintained in compliance 
with such laws and this title; and 
(2) a permit was issued to such person under 
this subtitle authorizing such activities. 
(b) NEGLIGIBLE DISTURBANCE.—Notwithstanding 
subsection (a)(2), a permit under this subtitle shall not 
be required for mineral activities that are a casual use of 
the Federal land. 
(c) COORDINATION WITH NEPA PROCESS.—The 
Secretary and the Secretary of Agriculture shall conduct 
the permit processes under this title in coordination with 
the timing and other requirements under section 102 of 
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the National Environmental Policy Act of 1969 (42 U.S.C. 
4332). 
SEC. 533. EXPLORATION PERMIT. 
(a) AUTHORIZED
EXPLORATION
ACTIVITY.—Any 
claim holder may apply for an exploration permit for any 
mining claim authorizing the claim holder to remove a rea-
sonable amount of the locatable minerals from the claim 
for analysis, study and testing. Such permit shall not au-
thorize the claim holder to remove any mineral for sale 
nor to conduct any activities other than those required for 
exploration for locatable minerals and reclamation. 
(b) PERMIT APPLICATION REQUIREMENTS.—An ap-
plication for an exploration permit under this section shall 
be submitted in a manner satisfactory to the Secretary 
or, for National Forest System lands, the Secretary of Ag-
riculture, and shall contain an exploration plan, a reclama-
tion plan for the proposed exploration, and such docu-
mentation as necessary to ensure compliance with applica-
ble Federal and State environmental laws and regulations. 
(c) RECLAMATION PLAN REQUIREMENTS.—The rec-
lamation plan required to be included in a permit applica-
tion under subsection (b) shall include such provisions as 
may be jointly prescribed by the Secretary and the Sec-
retary of Agriculture. 
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(d) PERMIT ISSUANCE OR DENIAL.—The Secretary, 
or for National Forest System lands, the Secretary of Ag-
riculture, shall issue an exploration permit pursuant to an 
application under this section unless such Secretary makes 
any of the following determinations: 
(1) The permit application, the exploration plan 
and reclamation plan are not complete and accurate. 
(2) The applicant has not demonstrated that 
proposed reclamation can be accomplished. 
(3) The proposed exploration activities and con-
dition of the land after the completion of exploration 
activities and final reclamation would not conform 
with the land use plan applicable to the area subject 
to mineral activities. 
(4) The area subject to the proposed permit is 
included within an area not open to location under 
section 521. 
(5) The applicant has not demonstrated that 
the exploration plan and reclamation plan will be in 
compliance with the requirements of this title and all 
other applicable Federal requirements, and any 
State requirements agreed to by the Secretary of the 
Interior (or Secretary of Agriculture, as appro-
priate). 
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(6) The applicant has not demonstrated that 
the requirements of section 536 (relating to financial 
assurance) will be met. 
(7) The applicant is ineligible to receive a per-
mit as determined under section 535. 
(e) TERM OF PERMIT.—An exploration permit shall 
be for a stated term. The term shall be no greater than 
that necessary to accomplish the proposed exploration, 
and in no case for more than 10 years. 
(f) PERMIT MODIFICATION.—During the term of an 
exploration permit, the permit holder may submit an ap-
plication to modify the permit. 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 rule the ex-
tent to which requirements for initial exploration permits 
under this section shall apply to applications to modify 
an exploration permit based on whether such modifications 
are deemed significant or minor. 
(g) 
TRANSFER, 
ASSIGNMENT, 
OR
SALE
OF 
RIGHTS.— 
(1) No transfer, assignment, or sale of rights 
granted by a permit issued under this section shall 
be made without the prior written approval of the 
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Secretary or for National Forest System lands, the 
Secretary of Agriculture. 
(2) Such Secretary shall allow a person holding 
a permit to transfer, assign, or sell rights under the 
permit to a successor, if the Secretary finds, in writ-
ing, that the successor— 
(A) is eligible to receive a permit in ac-
cordance with section 534(d); 
(B) has submitted evidence of financial as-
surance satisfactory under section 536; and 
(C) meets any other requirements specified 
by the Secretary. 
(3) The successor in interest shall assume the 
liability and reclamation responsibilities established 
by the existing permit and shall conduct the mineral 
activities in full compliance with this title, and the 
terms and conditions of the permit as in effect at 
the time of transfer, assignment, or sale. 
(4) Each application for approval of a permit 
transfer, assignment, or sale pursuant to this sub-
section shall be accompanied by a fee payable to the 
Secretary of the Interior in such amount as may be 
established by such Secretary. Such amount shall be 
equal to the actual or anticipated cost to the Sec-
retary or the Secretary of Agriculture, as appro-
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