I
103D CONGRESS
1ST SESSION
H. R. 322
To modify the requirements applicable to locatable minerals on public domain
lands, consistent with the principles of self-initiation of mining claims,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. RAHALL (for himself, Mr. MILLER of California, Mr. VENTO, and Mr.
LEHMAN) introduced the following bill; which was referred to the Com-
mittee on Natural Resources
SEPTEMBER 9, 1993
Additional sponsors: Mr. MURPHY, Mr. DEFAZIO, Mr. GORDON, Mr. PORTER,
Mr. BARLOW, Mr. MCCLOSKEY, Mr. RAVENEL, Mr. PRICE of North
Carolina, Mr. REYNOLDS, Mr. EVANS, Mr. OLVER, Mr. PALLONE, Mr.
SHAYS, Mr. STARK, Mr. REED, Mr. GILCHREST, Mr. FRANK of Massa-
chusetts, Mr. FILNER, Mr. KLEIN, Ms. SLAUGHTER, Mr. WYNN, Mr.
KREIDLER, Mr. MEEHAN, Mr. GONZALEZ, Mr. FOGLIETTA, Mr. BERMAN,
Mr. DELLUMS, Ms. WOOLSEY, Ms. ROYBAL-ALLARD, Mr. JACOBS, Mr.
YATES, Mr. LEWIS of Georgia, Mr. HILLIARD, and Mr. POSHARD
A BILL
To modify the requirements applicable to locatable minerals
on public domain lands, consistent with the principles
of self-initiation of mining claims, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Mineral Exploration and Development Act of 1993’’.
(b) TABLE OF CONTENTS.—
TITLE I—MINERAL EXPLORATION AND DEVELOPMENT
Sec. 101. Definitions, references and coverage
Sec. 102. Lands open to location; rights under this Act.
Sec. 103. Location of mining claims.
Sec. 104. Claim maintenance requirements.
Sec. 105. Penalties.
Sec. 106. Preemption.
Sec. 107. Limitation on patent issuance.
Sec. 108. Multiple mineral development and surface resources.
Sec. 109. Mineral materials.
TITLE II—ENVIRONMENTAL CONSIDERATIONS OF MINERAL
EXPLORATION AND DEVELOPMENT
Sec. 201. Surface management.
Sec. 202. Inspection and enforcement.
Sec. 203. State law and regulation.
Sec. 204. Unsuitability review.
Sec. 205. Lands not open to location.
TITLE III—ABANDONED MINERALS MINE RECLAMATION FUND
Sec. 301. Abandoned Minerals Mine Reclamation Fund.
Sec. 302. Conforming amendments.
TITLE IV—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
Sec. 401. Policy functions.
Sec. 402. User fees.
Sec. 403. Regulations; effective dates.
Sec. 404. Transitional rules; mining claims and mill sites.
Sec. 405. Transitional rules; surface management requirements.
Sec. 406. Basis for contest.
Sec. 407. Savings clause claims.
Sec. 408. Severability.
Sec. 409. Purchasing power adjustment.
Sec. 410. Royalty.
Sec. 411. Savings clause.
Sec. 412. Public records.
TITLE 
I—MINERAL 
EXPLO-
RATION AND DEVELOPMENT
SEC. 101. DEFINITIONS, REFERENCES, AND COVERAGE.
(a) DEFINITIONS.—As used in this Act:
(1) The term ‘‘applicant’’ means any person ap-
plying for a plan of operations under this Act or a
modification to or a renewal of a plan of operations
under this Act.
(2) The term ‘‘claim holder’’ means the holder
of a mining claim located or converted under this
Act. Such term may include an agent of a claim
holder.
(3) The term ‘‘diligence year’’ means the an-
nual period commencing on the first day of the first
month following the date a mining claim is located
under this Act and each annual period thereafter,
except as provided under section 404(b)(2).
(4) The term ‘‘land use plans’’ means those
plans required under section 202 of the Federal
Land Policy and Management Act of 1976 (43
U.S.C. 1712) or the land management plans for Na-
tional Forest System units required under section 6
of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604), whichever
is applicable.
(5) The term ‘‘legal subdivisions’’ means an ali-
quot quarter quarter section of land as established
by the official records of the public land survey sys-
tem, or a single lot as established by the official
(13) The term ‘‘surface management require-
ments’’ means the requirements and standards of
section 201, section 203 and section 204 of this Act,
and such other standards as are established by the
Secretary governing mineral activities and reclama-
tion.
(b) REFERENCES.—(1) Any reference in this Act to
the term ‘‘general mining laws’’ is a reference to those
Acts which generally comprise 30 U.S.C. chapters 2, 12A,
and 16, and sections 161 and 162.
(2) Any reference in this Act to the ‘‘Act of July 23,
1955’’, is a reference to the Act of July 23, 1955, entitled
‘‘An Act to amend the Act of July 31, 1947 (61 Stat.
681) and the mining laws to provide for multiple use of
the surface of the same tracts of the public lands, and
for other purposes.’’ (30 U.S.C. 601 and following).
(c) COVERAGE.—This Act shall apply only to mineral
activities and reclamation on lands and interests in land
which are open to location as provided in this Act.
SEC. 102. LANDS OPEN TO LOCATION; RIGHTS UNDER THIS
ACT.
(a) OPEN LANDS.—Mining claims may be located
under this Act on lands and interests in lands owned by
the United States to the extent that —
(1) such lands and interests were open to the
location of mining claims under the general mining
laws on the date of enactment of this Act;
(2) such lands and interests are opened to the
location of mining claims by reason of section 204(f)
or section 205 of this Act; and
(3) such lands and interests are opened to the
location of mining claims after the date of enact-
ment of this Act by reason of any administrative ac-
tion or statute.
(b) RIGHTS.—The holder of a mining claim located
or converted under this Act and maintained in compliance
with this Act shall have the exclusive right of possession
and use of the claimed land for mineral activities, includ-
ing the right of ingress and egress to such claimed lands
for such activities, subject to the rights of the United
States under section 108 and title II.
SEC. 103. LOCATION OF MINING CLAIMS.
(a) GENERAL RULE.—A person may locate a mining
claim covering lands open to the location of mining claims
by posting a notice of location, containing the person’s
name and address, the time of location (which shall be
the date and hour of location and posting), and a legal
description of the claim. The notice of location shall be
posted on a conspicuous, durable monument erected as
near as practicable to the northeast corner of the mining
claim. No person who is not a citizen, or a corporation
organized under the laws of the United States or of any
State or the District of Columbia may locate or hold a
claim under this Act.
(b) USE OF PUBLIC LAND SURVEY.—Except as pro-
vided in subsection (c), each mining claim located under
this Act shall (1) be located in accordance with the public
land survey system, and (2) conform to the legal subdivi-
sions thereof. Except as provided in subsection (c), the
legal description of the mining claim shall be based on the
public land survey system and its legal subdivisions.
(c) EXCEPTIONS.—(1) If only a protracted survey ex-
ists for the public lands concerned, each of the following
shall apply in lieu of subsection (b):
(A) The legal description of the mining claim
shall be based on the protracted survey and the min-
ing claim shall be located as near as practicable in
conformance with a protracted legal subdivision.
(B) The mining claim shall be monumented on
the ground by the erection of a conspicuous durable
monument at each corner of the claim.
(C) The legal description of the mining claim
shall include a reference to any existing survey
monument, or where no such monument can be
found within a reasonable distance, to a permanent
natural object.
(2) If no survey exists for the public lands concerned,
each of the following shall apply in lieu of subsection (b):
(A) The mining claim shall be a regular square,
with each side laid out in cardinal directions, 40
acres in size.
(B) The claim shall be monumented on the
ground by the erection of a conspicuous durable
monument at each corner of the claim.
(C) The legal description of the mining claim
shall be expressed in metes and bounds and shall in-
clude a reference to any existing survey monument,
or where no such monument can be found within a
reasonable distance, to a permanent natural object.
Such description shall be of sufficient accuracy and
completeness to permit recording of the claim upon
the public land records and to permit the Secretary
and other parties to find the claim upon the ground.
(3) In the case of a conflict between the boundaries
of a mining claim as monumented on the ground and the
description of such claim in the notice of location referred
to in subsection (a), the notice of location shall be deter-
minative.
(d) FILING WITH SECRETARY.—(1) Within 30 days
after the location of a mining claim pursuant to this sec-
tion, a copy of the notice of location referred to in sub-
section (a) shall be filed with the Secretary in an office
designated by the Secretary.
(2) Whenever the Secretary receives a copy of a no-
tice of location of a mining claim under this Act, the Sec-
retary shall assign a serial number to the mining claim,
and immediately return a copy of the notice of location
to the locator of the claim, together with a certificate set-
ting forth the serial number, a description of the claim,
and the claim maintenance requirements of section 104.
The Secretary shall enter the claim on the public land
records.
(e) LANDS COVERED BY CLAIM.—A mining claim lo-
cated under this Act shall include all lands and interests
in lands open to location within the boundaries of the
claim, subject to any prior mining claim referenced under
subsections (c) and (d) of section 404.
(f) DATE OF LOCATION.—A mining claim located
under this Act shall be effective based upon the time of
location.
(g) CONFLICTING LOCATIONS.—Any conflicts be-
tween the holders of mining claims located or converted
under this Act relating to relative superiority under the
provisions of this Act may be resolved in adjudication pro-
ceedings before the Secretary. Such adjudication shall be
determined on the record after opportunity for hearing.
It shall be incumbent upon the holder of a mining claim
asserting superior rights in such proceedings to dem-
onstrate to the Secretary that such person was the senior
locator, or if such person is the junior locator, that prior
to the location of the claim by such locator—
(1) the senior locator failed to file a copy of the
notice of location within the time provided under
subsection (d);
(2) the amount of rental paid by the senior lo-
cator at the time of filing the instrument referred to
in subsection 104(d)(1) was less than the amount
required to be paid by such locator; or
(3) the senior locator did not make the diligent
development expenditures reported on the most re-
cent affidavit filed with the instrument referred to in
subsection 104(d)(1), or such expenditures did not
comply with the requirements of subsection 104(b).
(h) EXTENT OF MINERAL DEPOSIT.—The bound-
aries of a mining claim located under this Act shall extend
vertically downward.
SEC. 104. CLAIM MAINTENANCE REQUIREMENTS.
(a) IN GENERAL.—(1) Except as provided under sub-
section (b), in order to maintain a mining claim under this
Act a claim holder shall pay an annual rental fee. The
rental fee shall be paid on the basis of all land within the
boundaries of a mining claim (as described in notice of
location filed under section 103(d)) at a rate established
by the Secretary of not less than—
(A) $5 per acre in each of the first through
fifth diligence years following location of the claim;
(B) $10 per acre in each of the sixth through
tenth diligence years following location of the claim;
(C) $15 per acre in each of the eleventh
through fifteenth diligence years following location
of the claim;
(D) $20 per acre in each of the sixteenth
through twentieth diligence years following location
of the claim; and
(E) $25 per acre in the twenty-first diligence
year following location of the claim, and each dili-
gence year thereafter.
(2) The rental fee shall be due and payable at the
time the claim holder files the instrument required under
subsection (d)(1).
(3) The Secretary shall deposit all moneys received
from rental fees collected under this subsection into the
Fund referred to in title III.
(b) DILIGENT DEVELOPMENT EXPENDITURES.—(1)
A claim holder may elect to reduce the amount of the rent-
al fee required under subsection (a) by the amount of dili-
gent development expenditures made for mineral activities
on or to the benefit of a mining claim during the same
diligence year to which the rental fee would otherwise
apply, except that in no event shall such reduction cause
less than an annual rental fee of $2.50 per acre of all
land within the boundaries of a mining claim (as described
in notice of location filed under section 103(d)) to be paid.
Such expenditures made for mineral activities on or to the
benefit of any one claim, or more than one claim in a
group of contiguous claims held by the same claim holder,
may be deemed to have been performed for the benefit
of the entire group of contiguous claims so long as the
sum total of the expenditures equals the total amount of
expenditures that would have been made if such expendi-
tures had been made on or to the benefit of each individual
claim in the group.
(2) Diligent development expenditures shall include
those made for any of the following:
(A) 
Investigations 
and 
surveys, 
including
geotechnical, geological, geophysical or geochemical
surveys.
(B) Bulk mineral sampling and testing.
(C) Drilling.
(D) Environmental and engineering studies.
(E) The reclamation and restoration of land
disturbed by mineral activities during exploration.
(F) Such other activities that constituted as-
sessment work under the general mining laws prior
to the date of enactment of this Act.
(G) Such other mineral activities as the Sec-
retary may, by rule, establish.
(3) In the event a claim holder elects to reduce the
amount of the rental fee under paragraph (1), such claim
holder shall file an affidavit under this paragraph at the
time such claim holder files the instrument required under
subsection (d)(1). The affidavit shall contain a detailed de-
scription of the value and nature of all diligent develop-
ment expenditures made under this subsection and shall
be of sufficient detail as to permit validation by the Sec-
retary of the expenditure amounts and beneficial nature
of the expenditures.
(4) A claim holder shall maintain documentary proof
of diligent development expenditures reported on the affi-
davit referred to in paragraph (3) for a period of 5 years
after the diligence year to which such expenditures apply.
Such documentary proof shall be made available at the
request of the Secretary for the purpose of the validation
referred to in paragraph (3) and the audit referred to in
subsection (f).
(c) MINIMUM RENTAL.—(1) A claim holder shall only
be required to pay a minimum annual rental fee of $2.50
per acre of all land within the boundaries of a mining
claim (as described in notice of location filed under section
103(d)) under any of the following circumstances:
(A) If a claim holder demonstrates to the Sec-
retary that such claim holder is prevented from
making diligent development expenditures under
subsection (b) by reason of—
(i) any judicial proceeding or administra-
tive action; or
(ii) the fact that the mining claim or group
of contiguous claims is surrounded by lands
over which a right-of-way for the performance
of such requirement has been denied, is in liti-
gation, or is in the process of acquisition under
State law, or that other legal impediments exist
which affect the right of the claimant to enter
upon the surface of such claim or group of con-
tiguous claims or to gain access to the bound-
aries thereof or to conduct mineral activities
thereon;
pursuant to such rules as the Secretary may pre-
scribe governing the length and termination of the
minimum rental requirement.
(B) By reason of section 5 of Public Law 94–
429, commonly known as the Mining in the Parks
Act, for any claim subject to such section after the
conversion of such claim under section 404.
(C) By reason of such other laws that here-
tofore removed the applicability of the assessment
work requirement of the general mining laws for any
claim subject to such laws after the conversion of
such claim under section 404.
(2) The rental fee shall be due and payable at the
time the claim holder files the instrument required under
subsection (d)(1). Included with such instrument shall be
a statement setting forth the reasons why the claim holder
is only required to pay the minimum rental.
(3) The Secretary shall deposit all moneys received
from rental fees collected under this subsection into the
Fund referred to in title III.
(d) INSTRUMENT.—(1) In order to maintain a mining
claim under this Act, a claim holder shall, on or before
the date which is the last day of the third calendar month
after the anniversary date of each diligence year for such
claim, file an instrument with the Secretary containing the
name and address of the claim holder and the serial num-
ber assigned to the claim pursuant to section 103(d). The
instrument shall be accompanied by, as the case may be,
the following—
(A) the rental fee required for the applicable
diligence year referred to in subsection (a)(1);
(B) the amount of rental fee required due to
the reduction of such fee by diligent development ex-
penditures under subsection (b)(1), and the affidavit
referred to in subsection (b)(3); or
(C) the minimum rental fee referred to in sub-
section (c)(1) and the statement referred to in sub-
section (c)(2).
(2) If, in any diligence year, a claim holder fails to
file the instrument referred to in paragraph (1) within the
period referred to in such paragraph or fails, in any re-
spect, to comply with the requirements of paragraph (1),
the Secretary shall immediately provide notice thereof to
the claim holder and after 30 days from the date of such
notice the claim shall be deemed forfeited and such claim
shall be null and void, except as provided under subsection
(e). Such notice shall be sent to the claim holder by reg-
istered or certified mail to the address provided by such
claim holder in the notice of location referred to in section
103(a) or on the last instrument referred to in subsection
(d)(1) filed by such claim holder, whichever is most recent.
In the event such notice is returned as undelivered, the
Secretary shall be deemed to have fulfilled the notice re-
quirements of this paragraph.
(e) FAILURE TO COMPLY.—(1) No claim may be
deemed forfeited and declared null and void by the Sec-
retary due to a failure to comply with the requirements
referred to in subsection (d) if the claim holder corrects
such failure to the satisfaction of the Secretary within 10
days after the date such claim holder was required to file
the instrument referred to in subsection (d)(1).
(2) No claim may be deemed forfeited and declared
null and void by the Secretary due to a failure to comply
with the requirements referred to in subsection (d) if,
within 10 days after date of the notice referred to in sub-
section (d)(2), the claim holder corrects such failure to
the satisfaction of the Secretary, and if the Secretary de-
termines that such failure was justifiable or not due to
a lack of reasonable diligence on the part of the claim
holder, or that such failure was inadvertent.
(f) AUDITS.—The Secretary is authorized to conduct
such audits of claim holders as he deems necessary for
the purpose of ensuring compliance with the requirements
of this section. For purposes of performing such audits,
the Secretary shall, at reasonable times and upon request,
have access to, and may copy, all books, papers and other
documents that relate to compliance with this section of
any person subject to the provisions of this section.
SEC. 105. PENALTIES.
(a) VIOLATION.—Any claim holder who—
(1) knowingly or willfully posts on a mining
claim or files a notice of location with the Secretary
under section 103 that contains false, inaccurate or
misleading statements;
(2) knowingly or willfully prepares, maintains,
or submits false, inaccurate, or misleading informa-
tion on diligent development expenditures on the af-
fidavit referred to in section 104(b)(3); or
(3) fails or refuses to permit an audit pursuant
to section 104(f);
shall be liable for a penalty of not more than $5,000 per
violation. Each day of continuing violation may be deemed
a separate violation for purposes of penalty assessments.
(b) REVIEW.—No civil penalty under this section
shall be assessed until the claim holder charged with the
violation has been given the opportunity for a hearing on
the record under section 202(f).
SEC. 106. PREEMPTION.
The requirements of this title shall preempt any con-
flicting requirements of any State, or political subdivision
thereof relating to the location and maintenance of mining
claims as provided for by this Act. The filing requirements
of section 314 of the Federal Land Policy and Manage-
ment Act (43 U.S.C. 1744) shall not apply with respect
to any mining claim located or converted under this Act.
SEC. 107. LIMITATION ON PATENT ISSUANCE.
(a) MINING CLAIMS.—After January 5, 1993, no pat-
ent shall be issued by the United States for any mining
claim located under the general mining laws unless the
Secretary of the Interior determines that, for the claim
concerned—
(1) a patent application was filed with the Sec-
retary on or before January 5, 1993; and
(2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C.
29 and 30) for vein or lode claims and sections
2329, 2330, 2331, and 2333 of the Revised Statutes
(30 U.S.C. 35, 36, and 37) for placer claims were
fully complied with by that date.
If the Secretary makes the determinations referred to in
paragraphs (1) and (2) for any mining claim, the holder
of the claim shall be entitled to the issuance of a patent
in the same manner and degree to which such claim holder
would have been entitled to prior to the enactment of this
Act, unless and until such determinations are withdrawn
or invalidated by the Secretary or by a court of the United
States.
(b) MILL SITES.—After January 5, 1993, no patent
shall be issued by the United States for any mill site claim
located under the general mining laws unless the Secretary
of the Interior determines that for the mill site con-
cerned—
(1) a patent application for such land was filed
with the Secretary on or before January 5, 1993;
and
(2) all requirements applicable to such patent
application were fully complied with by that date.
If the Secretary makes the determinations referred to in
paragraphs (1) and (2) for any mill site claim, the holder
of the claim shall be entitled to the issuance of a patent
in the same manner and degree to which such claim holder
would have been entitled to prior to the enactment of this
Act, unless and until such determinations are withdrawn
or invalidated by the Secretary or by a court of the United
States.
SEC. 108. MULTIPLE MINERAL DEVELOPMENT AND SUR-
FACE RESOURCES.
(a) IN GENERAL.—The provisions of sections 4 and
6 of the Act of August 13, 1954 (30 U.S.C. 524 and 526),
commonly known as the Multiple Minerals Development
Act, and the provisions of section 4 of the Act of July
23, 1955 (30 U.S.C. 612), shall apply to all mining claims
located or converted under this Act.
(b) ENFORCEMENT.—The Secretary of the Interior,
or the Secretary of Agriculture, as the case may be, shall
take such actions as may be necessary to ensure the com-
pliance by claim holders with section 4 of the Act of July
23, 1955 (30 U.S.C. 612).
SEC. 109. MINERAL MATERIALS.
(a) DETERMINATIONS.—Section 3 of the Act of July
23, 1955 (30 U.S.C. 611), is amended as follows:
(1) Insert ‘‘(a)’’ before the first sentence.
(2) Strike ‘‘or cinders’’ and insert in lieu there-
of ‘‘cinders, or clay’’.
(3) Add the following new subsection at the end
thereof:
‘‘(b)(1) Subject to valid existing rights, after the date
of enactment of the Mineral Exploration and Development
Act of 1993, all deposits of mineral materials referred to
in subsection (a), including the block pumice referred to
in such subsection, shall only be subject to disposal under
the terms and conditions of the Materials Act of 1947.
‘‘(2) For purposes of paragraph (1), the term ‘valid
existing rights’ means that a mining claim located for any
such mineral material had some property giving it the dis-
tinct and special value referred to in subsection (a), or
as the case may be, met the definition of block pumice
referred to in such subsection, was properly located and
maintained under the general mining laws prior to the
date of enactment of the Mineral Exploration and Devel-
opment Act of 1993, and was supported by a discovery
of a valuable mineral deposit within the meaning of the
general mining laws on the date of enactment of the Min-
eral Exploration and Development Act of 1993 and that
such claim continues to be valid.’’.
(b) MINERAL
MATERIALS
DISPOSAL
CLARIFICA-
TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C.
612), is amended as follows:
(1) In subsection (b) insert ‘‘and mineral mate-
rial’’ after ‘‘vegetative’’.
(2) In subsection (c) insert ‘‘and mineral mate-
rial’’ after ‘‘vegetative’’.
(c) CONFORMING AMENDMENT.—Section 1 of the
Act of July 31, 1947, entitled ‘‘An Act to provide for the
disposal of materials on the public lands of the United
States’’ (30 U.S.C. 601 and following) is amended by
striking ‘‘common varieties of’’ in the first sentence.
(d) SHORT TITLES.—
(1) SURFACE
RESOURCES.—The Act of July
23, 1955, is amended by inserting after section 7
the following new section:
‘‘SEC. 8. This Act may be cited as the ‘Surface Re-
sources Act of 1955’.’’.
(2) MINERAL MATERIALS.—The Act of July 31,
1947, entitled ‘‘An Act to provide for the disposal of
materials on the public lands of the United States’’
(30 U.S.C. 601 and following) is amended by insert-
ing after section 4 the following new section:
‘‘SEC. 5. This Act may be cited as the ‘Materials Act
of 1947’.’’.
(e) REPEAL.—(1) The Act of August 4, 1892 (27
Stat. 348) commonly known as the Building Stone Act
is hereby repealed.
(2) The Act of January 31, 1901 (30 U.S.C. 162)
commonly known as the Saline Placer Act is hereby
repealed.
TITLE 
II—ENVIRONMENTAL
CONSIDERATIONS 
OF 
MIN-
ERAL EXPLORATION AND DE-
VELOPMENT
SEC. 201. SURFACE MANAGEMENT.
(a) IN GENERAL.—Notwithstanding the last sentence
of section 302(b) of the Federal Land Policy and Manage-
ment Act of 1976, and in accordance with this title and
other applicable law, the Secretary shall require that min-
eral activities and reclamation be conducted so as to mini-
mize adverse impacts to the environment.
(b) PLANS OF OPERATION.—(1) Except as provided
under paragraph (2), no person may engage in mineral
activities that may cause a disturbance of surface re-
sources unless such person has filed a plan of operations
with, and received approval of such plan of operations,
from the Secretary.
(2)(A) A plan of operations may not be required for
mineral activities related to exploration that cause a neg-
ligible disturbance of surface resources not involving the
use of mechanized earth moving equipment, suction dredg-
ing, explosives, the use of motor vehicles in areas closed
to off-road vehicles, the construction of roads, drill pads,
or the use of toxic or hazardous materials.
(B) A plan of operations may not be required for min-
eral activities related to exploration that, after notice to
the Secretary, involve only a minimal and readily reclaim-
able disturbance of surface resources related to and in-
cluding initial test drilling not involving the construction
of access roads, except activities under notice shall not
commence until an adequate financial guarantee is estab-
lished for such activities pursuant to subsection (l).
(c) CONTENTS OF PLANS.—Each proposed plan of
operations shall include a mining permit application and
a reclamation plan together with such documentation as
necessary to ensure compliance with applicable Federal
and State environmental laws and regulations.
(d) 
MINING
PERMIT
APPLICATION
REQUIRE-
MENTS.—The mining permit referred to in subsection (c)
shall include such terms and conditions as prescribed by
the Secretary, and each of the following:
(1) The name and mailing address of—
(A) the applicant for the mining permit;
(B) the operator if different than the ap-
plicant;
(C) each claim holder of the lands subject
to the plan of operations if different than the
applicant;
(D) any subsidiary, affiliate or person con-
trolled by or under common control with the ap-
plicant, or the operator or each claim holder, if
different than the applicant; and
(E) the owner or owners of any land, or in-
terests in any such land, not subject to this Act,
within or adjacent to the proposed mineral ac-
tivities.
(2) A statement of any plans of operation held
by the applicant, operator or each claim holder if
different than the applicant, or any subsidiary, affili-
ate, or person controlled by or under common con-
trol with the applicant, operator or each claim holder
if different than the applicant.
(3) A statement of whether the applicant, oper-
ator or each claim holder if different than the appli-
cant, and any subsidiary, affiliate, or person con-
trolled by or under common control with the appli-
cant, operator or each claim holder if different than
the applicant has an outstanding violation of this
Act, any surface management requirements, or ap-
plicable air and water quality laws and regulations
and if so, a brief explanation of the facts involved,
including identification of the site and the nature of
the violation.
(4) A description of the type and method of
mineral activities proposed, the engineering tech-
niques proposed to be used and the equipment pro-
posed to be used.
(5) The anticipated starting and termination
dates of each phase of the mineral activities pro-
posed.
(6) A map, to an appropriate scale, clearly
showing the land to be affected by the proposed min-
eral activities.
(7) A description of the quantity and quality of
surface and ground water resources within and
along the boundaries of, and adjacent to, the area
subject to mineral activities based on 12 months of
pre-disturbance monitoring.
(8) A description of the biological resources
found in or adjacent to the area subject to mineral
activities, including vegetation, fish and wildlife, ri-
parian and wetland habitats.
(9) A description of the monitoring systems to
be used to detect and determine whether compliance
has and is occurring consistent with the surface
management requirements and to regulate the ef-
fects of mineral activities and reclamation on the
site and surrounding environment, including but not
limited to, groundwater, surface water, air and soils.
(10) Accident contingency plans that include,
but are not limited to, immediate response strate-
gies, corrective measures to mitigate impacts to fish
and wildlife, ground and surface waters, notification
procedures and waste handling and toxic material
neutralization.
(11) Any measures to comply with any condi-
tions on minerals activities and reclamation that
may be required in the applicable land use plan, in-
cluding any condition stipulated pursuant to section
204(d)(1)(B).
(12) A description of measures planned to ex-
clude fish and wildlife resources from the area sub-
ject to mineral activities by covering, containment,
or fencing of open waters, beneficiation, and process-
ing materials; or maintenance of all facilities in a
condition that is not harmful to fish and wildlife.
(13) Such environmental baseline data as the
Secretary, by rule, shall require sufficient to validate
the determinations required for plan approval under
this Act.
(e) RECLAMATION PLAN APPLICATION REQUIRE-
MENTS.—The reclamation plan referred to in subsection
(c) shall include such terms and conditions as prescribed
by the Secretary, and each of the following:
(1) A description of the condition of the land
subject to the mining permit prior to the commence-
ment of any mineral activities.
(2) A description of reclamation measures pro-
posed pursuant to the requirements of subsections
(m) and (n).
(3) The engineering techniques to be used in
reclamation and the equipment proposed to be used.
(4) The anticipated starting and termination
dates of each phase of the reclamation proposed.
(5) A description of the proposed condition of
the land following the completion of reclamation.
(6) A description of the maintenance measures
that will be necessary to meet the surface manage-
ment requirements of this Act, such as, but not lim-
ited to, drainage water treatment facilities, or liner
maintenance and control.
(7) The consideration which has been given to
making the condition of the land after the comple-
tion of mineral activities and final reclamation con-
sistent with the applicable land use plan.
(f) PUBLIC PARTICIPATION.—(1) Concurrent with
submittal of a plan of operations, or a renewal application
for a plan of operations, the applicant shall publish a no-
tice in a newspaper of local circulation for 4 consecutive
weeks that shall include: the name of the applicant, the
location of the proposed mineral activities, the type and
expected duration of the proposed mineral activities, and
the intended use of the land after the completion of min-
eral activities and reclamation. The Secretary shall also
notify in writing other Federal, State and local govern-
ment agencies that regulate mineral activities or land
planning decisions in the area subject to mineral activities.
(2) Copies of the complete proposed plan of oper-
ations shall be made available for public review for 30 days
at the office of the responsible Federal surface manage-
ment agency located nearest to the location of the pro-
posed mineral activities, and at the county courthouse of
the county in which the mineral activities are proposed
to be located, prior to final decision by the Secretary. Dur-
ing this period, any person and the authorized representa-
tive of a Federal, State or local governmental agency shall
have the right to file written comments relating to the ap-
proval or disapproval of the plan of operations. The Sec-
retary shall immediately make such comments available to
the applicant.
(3) Any person that is or may be adversely affected
by the proposed mineral activities may request, after filing
written comments pursuant to paragraph (2), a public
hearing to be held in the county in which the mineral ac-
tivities are proposed. If a hearing is requested, the Sec-
retary shall conduct a hearing. When a hearing is to be
held, notice of such hearing shall be published in a news-
paper of local circulation for 2 weeks prior to the hearing
date.
(g) PLAN APPROVAL.—(1) After providing notice and
opportunity for public comment and hearing, the Sec-
retary may approve, require modifications to, or deny a
proposed plan of operations, except as provided in section
405. To approve a plan of operations, the Secretary shall
make each of the following determinations:
(A) The mining permit application and reclama-
tion plan are complete and accurate.
(B) The applicant has demonstrated that rec-
lamation as required by this Act can be accom-
plished under the reclamation plan and would have
a high probability of success based on an analysis of
such reclamation measures in areas of similar geo-
chemistry, topography and hydrology.
(C) The proposed mineral activities, reclama-
tion and condition of the land after the completion
of mineral activities and final reclamation would be
consistent with the land use plan applicable to the
area subject to mineral activities.
(D) The area subject to the proposed plan of
operations is not included within an area designated
unsuitable under section 204 for the types of min-
eral activities proposed.
(E) The applicant has demonstrated that the
plan of operations will be in compliance with the re-
quirements of all other applicable Federal require-
ments, and any State requirements agreed to by the
Secretary pursuant to subsection 203(c).
(2) Final approval of a plan of operations under this
subsection shall be conditioned upon compliance with sub-
section (l) and, based on information supplied by the ap-
plicant, a determination of the probable hydrologic con-
sequences of the proposed mineral activities and reclama-
tion.
(3)(A) A plan of operations under this section shall
not be approved if the applicant, operator, or any claim
holder if different than the applicant, or any subsidiary,
affiliate, or person controlled by or under common control
with the applicant, operator or each claim holder if dif-
ferent than the applicant, is currently in violation of this
Act, any surface management requirement or of any appli-
cable air and water quality laws and regulations at any
site where mineral activities have occurred or are occur-
ring.
(B) The Secretary shall suspend an approved plan
of operations if the Secretary determines that any of the
entities described in section 201(d)(1) were in violation of
the surface management requirements at the time the plan
of operations was approved.
(C) A plan of operations referred to in this subsection
shall not be approved or reinstated, as the case may be,
until the applicant submits proof that the violation has
been corrected or is in the process of being corrected to
the satisfaction of the Secretary; except that no proposed
plan of operations, after opportunity for a hearing, shall
be approved for any applicant, operator or each claim
holder if different than the applicant with a demonstrated
pattern of willful violations of the surface management re-
quirements of such nature and duration and with such re-
sulting irreparable damage to the environment as to clear-
ly indicate an intent not to comply with the surface man-
agement requirements.
(h) TERM OF PERMIT; RENEWAL.—(1) The approval
of a plan of operations shall be for a stated term. The
term shall be no greater than that necessary to accomplish
the proposed operations, and in no case for more than 10
years, unless the applicant demonstrates that a specified
longer term is reasonably needed to obtain financing for
equipment and the opening of the operation.
(2) Failure by the operator to commence mineral ac-
tivities within one year of the date scheduled in an ap-
proved plan of operations shall be deemed to require a
modification of the plan.
(3) A plan of operations shall carry with it the right
of successive renewal upon expiration only with respect to
operations on areas within the boundaries of the existing
plan of operations, as approved. An application for re-
newal of such plan of operations shall be approved unless
the Secretary determines, in writing, any of the following:
(A) The terms and conditions of the existing
plan of operations are not being met.
(B) Mineral activities and reclamation activities
as approved under the plan of operations are not in
compliance with the surface management require-
ments of this Act.
(C) The operator has not demonstrated that the
financial guarantee would continue to apply in full
force and effect for the renewal term.
(D) Any additional revised or updated informa-
tion required by the Secretary has not been pro-
vided.
(E) The applicant has not demonstrated that
the plan of operations will be in compliance with the
requirements of all other applicable Federal require-
ments, and any State requirements agreed to by the
Secretary pursuant to subsection 203(c).
(4) A renewal of a plan of operations shall be for a
term not to exceed the period of the original plan as pro-
vided in paragraph (1). Application for plan renewal shall
be made at least 120 days prior to the expiration of an
approved plan.
(5) Any person that is, or may be, adversely affected
by the proposed mineral activities may request a public
hearing to be held in the county in which the mineral ac-
tivities are proposed. If a hearing is requested, the Sec-
retary shall conduct a hearing. When a hearing is held,
notice of such hearing shall be published in a newspaper
of local circulation for 2 weeks prior to the hearing date.
(i) PLAN MODIFICATION.—(1) Except as provided
under section 405, during the term of a plan of operations
the operator may submit an application to modify the
plan. To approve a proposed modification to a plan of op-
erations the Secretary shall make the determinations set
forth under subsection (g)(1). The Secretary shall estab-
lish guidelines regarding the extent to which requirements
for plans of operations under this section shall apply to
applications to modify a plan of operations based on
whether such modifications are deemed significant or
minor; except that: (A) any significant modifications shall
at a minimum be subject to subsection (f), and (B) any
modification proposing to extend the area covered by the
plan of operations (except for incidental boundary revi-
sions) must be made by application for a new plan of oper-
ations.
(2) The Secretary may, upon a review of a plan of
operations or a renewal application, require reasonable
modification to such plan upon a determination that the
requirements of this Act cannot be met if the plan is fol-
lowed as approved. Such determination shall be based on
a written finding and subject to notice and hearing re-
quirements established by the Secretary.
(j) TEMPORARY CESSATION OF OPERATIONS.—(1)
Before temporarily ceasing mineral activities or reclama-
tion for a period of 180 days or more under an approved
plan of operations or portions thereof, an operator shall
first submit a complete application for temporary ces-
sation of operations to the Secretary for approval.
(2) The application for approval of temporary ces-
sation of operations shall include such terms and condi-
tions as prescribed by the Secretary, including but not lim-
ited to the steps that shall be taken during the cessation
of operations period to minimize impacts on the environ-
ment. After receipt of a complete application for tem-
porary cessation of operations the Secretary shall conduct
an inspection of the area for which temporary cessation
of operations has been requested.
(3) To approve an application for temporary ces-
sation of operations, the Secretary shall make each of the
following determinations:
(A) The methods for securing surface facilities
and restricting access to the permit area, or relevant
portions thereof, shall effectively ensure against haz-
ards to the health and safety of the public and fish
and wildlife.
(B) Reclamation is contemporaneous with min-
eral activities as required under the approved rec-
lamation plan, except in those areas specifically des-
ignated in the application for temporary cessation of
operations for which a delay in meeting such stand-
ards is necessary to facilitate the resumption of op-
erations.
(C) The amount of financial assurance filed
with the plan of operations is sufficient to assure
completion of the reclamation plan in the event of
forfeiture.
(D) Any outstanding notices of violation and
cessation orders incurred in connection with the plan
of operations for which temporary cessation is being
requested are either stayed pursuant to an adminis-
trative or judicial appeal proceeding or are in the
process of being abated to the satisfaction of the
Secretary.
(k) REVIEW.—Any decision made by the Secretary
under subsections (g), (h), (i), (j) or (l) shall be subject
to review under section 202(f).
(l) BONDS.—(1) Before any plan of operations is ap-
proved pursuant to this Act, or any mineral activities are
conducted pursuant to subsection (b)(2), the operator
shall file with the Secretary financial assurance payable
to the United States and conditional upon faithful per-
formance of all requirements of this Act. The financial as-
surance shall be provided in the form of a surety bond,
trust fund, cash or equivalent. The amount of the financial
assurance shall be sufficient to assure the completion of
reclamation satisfying the requirements of this Act if the
work had to be performed by the Secretary in the event
of forfeiture, and the calculation shall take into account
the maximum level of financial exposure which shall arise
during the mineral activity including, but not limited to,
provision for accident contingencies.
(2) The financial assurance shall be held for the du-
ration of the mineral activities and for an additional period
to cover the operator’s responsibility for revegetation
under subsection (n)(6)(B).
(3) The amount of the financial assurance and the
terms of the acceptance of the assurance shall be adjusted
by the Secretary from time to time as the area requiring
coverage is increased or decreased, or where the costs of
reclamation or treatment change, but the financial assur-
ance must otherwise be in compliance with this section.
The Secretary shall specify periodic times, or set a sched-
ule, for reevaluating or adjusting the amount of financial
assurance.
(4) Upon request, and after notice and opportunity
for public comment, the Secretary may release in whole
or in part the financial assurance if the Secretary deter-
mines each of the following:
(A) Reclamation covered by the financial assur-
ance has been accomplished as required by this Act.
(B) The operator has declared that the terms
and conditions of any other applicable Federal re-
quirements, and State requirements pursuant to
subsection 203(b), have been fulfilled.
(5) The release referred to in paragraph (4) shall be
according to the following schedule:
(A) After the operator has completed the back-
filling, regrading and drainage control of an area
subject to mineral activities and covered by the fi-
nancial assurance, and has commenced revegetation
on the regraded areas subject to mineral activities in
accordance with the approved plan of operations, 50
percent of the total financial assurance secured for
the area subject to mineral activities may be re-
leased.
(B) After the operator has completed success-
fully all mineral activities and reclamation activities
and all requirements of the plan of operations and
the reclamation plan and all the requirements of this
Act have in fact been fully met, the remaining por-
tion of the financial assurance may be released.
(6) During the period following release of the finan-
cial assurance as specified in paragraph (5)(A), until the
remaining portion of the financial assurance is released
as provided in paragraph (5)(B), the operator shall be re-
quired to meet all applicable standards of this Act and
the plan of operations and the reclamation plan.
(7) Where any discharge from the area subject to
mineral activities requires treatment in order to meet the
applicable effluent limitations, the treatment shall be mon-
itored during the conduct of mineral activities and rec-
lamation and shall be fully covered by financial assurance
and no financial assurance or portion thereof for the plan
of operations shall be released until the operator has met
all applicable effluent limitations and water quality stand-
ards for one full year without treatment.
(8) Jurisdiction under this Act shall terminate upon
release of the final bond. If the Secretary determines, after
final bond release, that an environmental hazard resulting
from the mineral activities exists, or the terms and condi-
tions of the plan of operations or the surface management
requirements of this Act were not fulfilled in fact at the
time of release, the Secretary shall reassert jurisdiction
and all applicable surface management and enforcement
provisions shall apply for correction of the condition.
(m) RECLAMATION.—(1) Except as provided under
paragraphs (5) and (7) of subsection (n), lands subject
to mineral activities shall be restored to a condition capa-
ble of supporting the uses to which such lands were capa-
ble of supporting prior to surface disturbance, or other
beneficial uses, provided such other uses are not inconsist-
ent with applicable land use plans.
(2) All required reclamation shall proceed as contem-
poraneously as practicable with the conduct of mineral ac-
tivities and shall use the best technology currently avail-
able.
(n) RECLAMATION STANDARDS.—The Secretary shall
establish reclamation standards which shall include, but
not necessarily be limited to, provisions to require each
of the following:
(1) SOILS.—(A) Topsoil removed from lands
subject to mineral activities shall be segregated from
other spoil material and protected for later use in
reclamation. If such topsoil is not replaced on a
backfill area within a time-frame short enough to
avoid deterioration of the topsoil, vegetative cover or
other means shall be used so that the topsoil is pre-
served from wind and water erosion, remains free of
any contamination by acid or other toxic material,
and is in a useable condition for sustaining vegeta-
tion when restored during reclamation.
(B) In the event the topsoil from lands subject
to mineral activities is of insufficient quantity or of
inferior quality for sustaining vegetation, and other
suitable growth media removed from the lands sub-
ject to the mineral activities are available that shall
support vegetation, the best available growth me-
dium shall be removed, segregated and preserved in
a like manner as under subparagraph (A) for sus-
taining vegetation when restored during reclamation.
(C) Mineral activities shall be conducted to pre-
vent any contamination or toxification of soils. If
any contamination or toxification occurs in violation
of this subparagraph, the operator shall neutralize
the toxic material, decontaminate the soil, and dis-
pose of any toxic or acid materials in a manner
which complies with this section and any other
applical Federal or State law.
(2) STABILIZATION.—All surface areas subject
to mineral activities, including spoil material piles,
waste material piles, ore piles, subgrade ore piles,
and open or partially backfilled mine pits which
meet the requirements of paragraph (5) shall be sta-
bilized and protected during mineral activities and
reclamation so as to effectively control erosion and
minimize attendant air and water pollution.
(3) EROSION.—Facilities such as but not lim-
ited to basins, ditches, streambank stabilization, di-
versions or other measures, shall be designed, con-
structed and maintained where necessary to control
erosion and drainage of the area subject to mineral
activities, including spoil material piles and waste
material piles prior to the use of such material to
comply with the requirements of paragraph (5) and
for the purposes of paragraph (7), and including ore
piles and subgrade ore piles.
(4) HYDROLOGIC
BALANCE.—(A) Mineral ac-
tivities shall be conducted to minimize disturbances
to the prevailing hydrologic balance of the area sub-
ject to mineral activities and adjacent areas and to
the quality and quantity of water in surface and
ground water systems, including streamflow, in the
area subject to mineral activities and adjacent areas,
and in all cases the operator shall comply with appli-
cable Federal or State effluent limitations and water
quality standards.
(B) Mineral activities shall prevent the genera-
tion of acid or toxic drainage during the mineral ac-
tivities and reclamation, to the extent possible using
the best available demonstrated control technology;
and the operator shall prevent any contamination of
surface and ground water with acid or other toxic
mine drainage and shall prevent or remove water
from contact with acid or toxic producing deposits.
(C) Reclamation shall, to the extent possible,
also include restoration of the recharge capacity of
the area subject to mineral activities to approximate
premining condition.
(D) Where surface or underground water
sources used for domestic or agricultural use have
been diminished, contaminated or interrupted as a
proximate result of mineral activities, such water re-
source shall be restored or replaced.
(5) GRADING.—(A) Except as provided under
this paragraph (7), the surface area disturbed by
mineral activities shall be backfilled, graded and
contoured to its natural topography.
(B) The requirement of subparagraph (A) shall
not apply with respect to an open mine pit if the
Secretary finds that such open pit or partially
backfilled pit would not pose a threat to the public
health or safety or have an adverse effect on the en-
vironment in terms of surface or groundwater pollu-
tion.
(C) In instances where complete backfilling of
an open pit is not required, the pit shall be graded
to blend with the surrounding topography as much
as practicable and revegetated in accordance with
paragraph (6).
(6) REVEGETATION.—(A) Except in such in-
stances where the complete backfill of an open mine
pit is not required under paragraph (5), the area
subject to mineral activities, including any excess
spoil material pile and excess waste pile, shall be
revegetated in order to establish a diverse, effective
and permanent vegetative cover of the same seasonal
variety native to the area subject to mineral activi-
ties, capable of self-regeneration and plant succes-
sion and at least equal in extent of cover to the nat-
ural revegetation of the surrounding area.
(B) In order to insure compliance with subpara-
graph (A), the period for determining successful
revegetation shall be for a period of 5 full years
after the last year of augmented seeding, fertilizing,
irrigation or other work, except that such period
shall be 10 full years where the annual average pre-
cipitation is 26 inches or less.
(7) EXCESS SPOIL AND WASTE.—(A) Spoil ma-
terial and waste material in excess of that required
to comply with paragraph (5) shall be transported
and placed in approved areas, in a controlled man-
ner in such a way so as to assure long-term mass
stability and to prevent mass movement. In addition
to the measures described under paragraph (3), in-
ternal drainage systems shall be employed, as may
be required, to control erosion and drainage. The de-
sign of such excess spoil material piles and excess
waste material piles shall be certified by a qualified
professional engineer.
(B) Excess spoil material piles and excess waste
material piles shall be graded and contoured to
blend with the surrounding topography as much as
practicable and revegetated in accordance with para-
graph (6).
(8) SEALING.—All drill holes, and openings on
the surface associated with underground mineral ac-
tivities, shall be sealed when no longer needed for
the conduct of mineral activities to ensure protection
of the public, fish and wildlife and the environment.
(9) STRUCTURES.—All buildings, structures or
equipment constructed, used or improved during
mineral activities shall be removed, unless the Sec-
retary determines that the buildings, structures or
equipment shall be of beneficial use in accomplishing
the post-mining uses or for environmental monitor-
ing.
(10) FISH AND WILDLIFE.—All fish and wildlife
habitat in areas subject to mineral activities shall be
restored in a manner commensurate with or superior
to habitat conditions which existed prior to the min-
eral activities, including such conditions as may be
prescribed by the Director, Fish and Wildlife
Service.
(o) ADDITIONAL STANDARDS.—The Secretary may,
by regulation, establish additional standards to address
the specific environmental impacts of selected methods of
mineral activities, such as, but not limited to, cyanide
leach mining.
(p) DEFINITIONS.—As used in subsections (m) and
(n):
(1) The term ‘‘best technology currently avail-
able’’ means equipment, devices, systems, methods,
or techniques which are currently available anywhere
even if not in routine use in mineral activities. The
term includes, but is not limited to, construction
practices, siting requirements, vegetative selection
and planting requirements, scheduling of activities
and design of sedimentation ponds. Within the con-
straints of the surface management requirements of
this Act, the Secretary shall have the discretion to
determine the best technology currently available on
a case-by-case basis.
(2) The term ‘‘best available demonstrated con-
trol technology’’ means equipment, devices, systems,
methods, or techniques which have demonstrated en-
gineering and economic feasibility and practicality in
preventing disturbances to hydrologic balance during
mineral activities and reclamation. Such techniques
will have shown to be effective and practical methods
of acid and other mine water pollution elimination or
control, and other pollution affecting water quality.
The ‘‘best available demonstrated control tech-
nology’’ will not generally be in routine use in min-
eral activities. Within the constraints of the surface
management requirements of this Act, the Secretary
shall have the discretion to determine the best avail-
able demonstrated control technology on a case-by-
case basis.
(3) The term ‘‘spoil material’’ means the over-
burden, or non-mineralized material of any nature,
consolidated or unconsolidated, that overlies a de-
posit of any locatable mineral that is removed in
gaining access to, and extracting, any locatable min-
eral, or any such material disturbed during the con-
duct of mineral activities.
(4) The term ‘‘waste material’’ means the mate-
rial resulting from mineral activities involving
beneficiation, including but not limited to tailings,
and such material resulting from mineral activities
involving processing, to the extent such material is
not subject to subtitle C of the Resource Conserva-
tion and Recovery Act of 1976 or the Uranium Mill
Tailings Radiation Control Act.
(5) The term ‘‘ore piles’’ means ore stockpiled
for beneficiation prior to the completion of mineral
activities and reclamation.
(6) The term ‘‘subgrade ore’’ means ore that is
too low in grade to be of economic value at the time
of extraction but which could reasonably be economi-
cal in the foreseeable future.
(7) The term ‘‘excess spoil’’ means that spoil
material that may be excess of the amount necessary
to comply with the requirements of subsection
(m)(3).
(8) The term ‘‘excess waste’’ means that waste
material that may be excess of the amount necessary
to comply with the requirements of subsection
(m)(3).
SEC. 202. INSPECTION AND ENFORCEMENT.
(a) INSPECTIONS AND MONITORING.—(1) The Sec-
retary shall make such inspections of mineral activities so
as to ensure compliance with the surface management re-
quirements. The Secretary shall establish a frequency of
inspections for mineral activities conducted under an ap-
proved plan of operations, but in no event shall such in-
spection frequency be less than one complete inspection
per calendar quarter or two complete inspections annually
for a plan of operations for which the Secretary approves
an application under section 201(j).
(2)(A) Any person who has reason to believe they are
or may be adversely affected by mineral activities due to
any violation of the surface management requirements
may request an inspection. The Secretary shall determine
within 10 days of receipt of the request whether the re-
quest states a reason to believe that a violation exists, ex-
cept in the event the person alleges and provides reason
to believe that an imminent danger as provided by sub-
section (b)(2) exists the 10 day period shall be waived and
the inspection conducted immediately. When an inspection
is conducted under this paragraph, the Secretary shall no-
tify the person filing the complaint and such person shall
be allowed to accompany the inspector during the inspec-
tion. The identity of the person supplying information to
the Secretary relating to a possible violation or imminent
danger or harm shall remain confidential with the Sec-
retary if so requested by that person, unless that person
elects to accompany an inspector on the inspection.
(B) The Secretary shall, by regulation, establish pro-
cedures for the review of any decision by his authorized
representative not to inspect or by a refusal by such rep-
resentative to ensure remedial actions are taken with re-
spect to any alleged violation. The Secretary shall furnish
such persons requesting the review a written statement of
the reasons for the Secretary’s final disposition of the
case.
(3)(A) The Secretary shall require all operators to de-
velop and maintain a monitoring and evaluation system
which shall be capable of identifying compliance with all
surface management requirements.
(B) Monitoring shall be conducted as close as tech-
nically feasible to the mineral activity or reclamation in-
volved, and in all cases the monitoring shall be conducted
within the area affected by mineral activities and reclama-
tion.
(C) The point of compliance shall be as close to the
mineral activity involved as is technically feasible, but in
any event shall be located to comply with applicable State
and Federal standards. In no event shall the point of com-
pliance be outside the area affected by mineral activities
and reclamation.
(D) The operator shall file reports with the Secretary
on a quarterly basis on the results of the monitoring and
evaluation process except that if the monitoring and eval-
uation show a violation of the surface management re-
quirements, it shall be reported immediately to the Sec-
retary.
(E) The Secretary shall determine what information
must be reported by the operator pursuant to subpara-
graph (B). A failure to report as required by the Secretary
shall constitute a violation of this Act and subject the op-
erator to enforcement action pursuant to this section.
(F) The Secretary shall evaluate the reports submit-
ted pursuant to this paragraph, and based on those re-
ports and any necessary inspection shall take enforcement
action pursuant to this section.
(b) ENFORCEMENT.—(1) If the Secretary or author-
ized representative determines, on the basis of an inspec-
tion that an operator, or any person conducting mineral
activities under section 201(b)(2), is in violation of any
surface management requirement, the Secretary or au-
thorized representative shall issue a notice of violation to
the operator or person describing the violation and the cor-
rective measures to be taken. The Secretary or authorized
representative shall provide such operator or person with
a reasonable period of time to abate the violation. If, upon
the expiration of time provided for such abatement, the
Secretary or authorized representative finds that the viola-
tion has not been abated he shall immediately order a ces-
sation of all mineral activities or the portion thereof rel-
evant to the violation.
(2) If the Secretary or authorized representative de-
termines, on the basis of an inspection, that any condition
or practice exists, or that an operator, or any person con-
ducting mineral activities under section 201(b)(2), is in
violation of the surface management requirements, and
such condition, practice or violation is causing, or can rea-
sonably be expected to cause—
(A) an imminent danger to the health or safety
of the public; or
(B) significant, imminent environmental harm
to land, air or water resources;
the Secretary or authorized representative shall imme-
diately order a cessation of mineral activities or the por-
tion thereof relevant to the condition, practice or violation.
(3)(A) A cessation order by the Secretary or author-
ized representative pursuant to paragraphs (1) or (2) shall
remain in effect until the Secretary or authorized rep-
resentative determines that the condition, practice or vio-
lation has been abated, or until modified, vacated or termi-
nated by the Secretary or authorized representative. In
any such order, the Secretary or authorized representative
shall determine the steps necessary to abate the violation
in the most expeditious manner possible, and shall include
the necessary measures in the order. The Secretary shall
require appropriate financial assurances to insure that the
abatement obligations are met.
(B) Any notice or order issued pursuant to para-
graphs (1) or (2) may be modified, vacated or terminated
by the Secretary or authorized representative. An opera-
tor, or person conducting mineral activities under section
201(b)(2), issued any such notice or order shall be entitled
to a hearing on the record pursuant to subsection (f).
(4) If, after 30 days of the date of the order referred
to in paragraph (3)(A) the required abatement has not
occurred the Secretary shall take such alternative enforce-
ment action against the responsible parties as will most
likely bring about abatement in the most expeditious man-
ner possible. Such alternative enforcement action shall in-
clude, but is not necessarily limited to, seeking appropriate
injunctive relief to bring about abatement.
(5) In the event an operator, or person conducting
mineral activities under section 201(b)(2), is unable to
abate a violation or defaults on the terms of the plan of
operation the Secretary shall forfeit the financial assur-
ance for the plan of operations if necessary to ensure
abatement and reclamation under this Act.
(6) The Secretary shall not forfeit the financial assur-
ance while a review is pending pursuant to subsections (f)
and (g).
(c) COMPLIANCE.—(1) The Secretary may request
the Attorney General to institute a civil action for relief,
including a permanent or temporary injunction or re-
straining order, in the district court of the United States
for the district in which the mineral activities are located
whenever an operator, or person conducting mineral activi-
ties under section 201(b)(2):
(A) violates, fails or refuses to comply with any
order issued by the Secretary under subsection (b);
or
(B) interferes with, hinders or delays the Sec-
retary in carrying out an inspection under sub-
section (a).
Such court shall have jurisdiction to provide such relief
as may be appropriate. Any relief granted by the court
to enforce an order under clause (A) shall continue in ef-
fect until the completion or final termination of all pro-
ceedings for review of such order under subsections (f) and
(g), unless the district court granting such relief sets it
aside or modifies it.
(2) Notwithstanding any other provision of law, the
Secretary shall utilize enforcement personnel from the Of-
fice of Surface Mining Reclamation and Enforcement to
augment personnel of the Bureau of Land Management
and the Forest Service to ensure compliance with the sur-
face management requirements, and inspection require-
ments of subsection (a). The Bureau of Land Management
and the Forest Service shall each enter into a memoran-
dum of understanding with the Office of Surface Mining
Reclamation and Enforcement for this purpose.
(d) PENALTIES.—(1) Any operator, or person con-
ducting mineral activities under section 201(b)(2), who
fails to comply with the surface management requirements
shall be liable for a penalty of not more than $5,000 per
violation. Each day of continuing violation may be deemed
a separate violation for purposes of penalty assessments.
No civil penalty under this subsection shall be assessed
until the operator charged with the violation has been
given the opportunity for a hearing under subsection (f).
(2) An operator, or person conducting mineral activi-
ties under section 201(b)(2), who fails to correct a viola-
tion for which a cessation order has been issued under
subsection (b) within the period permitted for its correc-
tion shall be assessed a civil penalty of not less than
$1,000 per violation for each day during which such fail-
ure continues, but in no event shall such assessment ex-
ceed a 30-day period.
(3) Whenever a corporation is in violation of the sur-
face management requirements or fails or refuses to com-
ply with an order issued under subsection (b), any direc-
tor, officer or agent of such corporation who knowingly
authorized, ordered, or carried out such violation, failure
or refusal shall be subject to the same penalties that may
be imposed upon an operator under paragraph (1).
(e) CITIZEN SUITS.—(1) Except as provided under
paragraph (2), any person having an interest which is or
may be adversely affected may commence a civil action
on his or her own behalf to compel compliance—
(A) against the Secretary where there is alleged
a violation of any of the provisions of this Act or any
regulation promulgated pursuant to this Act or
terms and conditions of any plan of operations ap-
proved pursuant to this Act;
(B) against any other person alleged to be in
violation of any of the provisions of this Act or any
regulation promulgated pursuant to this Act or
terms and conditions of any plan of operations ap-
proved pursuant to this Act;
(C) against the Secretary where there is alleged
a failure of the Secretary to perform any act or duty
under this Act or any regulation promulgated pursu-
ant to this Act which is not within the discretion of
the Secretary; or
(D) against the Secretary where it is alleged
that the Secretary acts arbitrarily or capriciously or
in a manner inconsistent with this Act or any regu-
lation promulgated pursuant to this Act. The United
States district courts shall have jurisdiction, without
regard to the amount in controversy or the citizen-
ship of the parties.
(2) No action may be commenced except as follows:
(A) Under paragraph (1)(A) prior to 60 days
after the plaintiff has given notice in writing of such
alleged violation to the Secretary, or to the person
alleged to be in violation; except no action may be
commenced against any person alleged to be in viola-
tion if the Secretary has commenced and is dili-
gently prosecuting a civil action in a court of the
United States to require compliance with the provi-
sions of this title (but in any such action in a court
of the United States the person making the allega-
tion may intervene as a matter of right).
(B) Under paragraph (1)(B) prior to 60 days
after the plaintiff has given notice in writing of such
action to the Secretary, in such manner as the Sec-
retary shall by regulation prescribe, except that such
action may be brought immediately after such notifi-
cation in the case where the violation or order com-
plained of constitutes an imminent threat to the en-
vironment or to the health or safety of the public or
would immediately affect a legal interest of the
plaintiff.
(3) Venue of all actions brought under this subsection
shall be determined in accordance with title 28 U.S.C.
1391(a).
(4) The court, in issuing any final order in any action
brought pursuant to paragraph (1) 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 restraining
order or preliminary injunction is sought, require the filing
of a bond or equivalent security in accordance with the
Federal Rules of Civil Procedure.
(5) Nothing in this subsection shall restrict any right
which any person (or class of persons) may have under
any statute or common law to seek enforcement of any
of the provisions of this Act and the regulations there-
under, or to seek any other relief, including relief against
the Secretary.
(f) REVIEW BY SECRETARY.—(1)(A) Any operator,
or person conducting mineral activities under section
201(b)(2), issued a notice of violation or cessation order
under subsection (b), or any person having an interest
which is or may be adversely affected by such decisions,
notice or order, may apply to the Secretary for review of
the notice or order within 30 days of receipt thereof, or
as the case may be, within 30 days of such notice or order
being modified, vacated or terminated.
(B) Any operator, or person conducting mineral ac-
tivities under section 201(b)(2), who is subject to a pen-
alty under subsection (d) or section 105 may apply to the
Secretary for review of the assessment within 30 days of
notification of such penalty.
(C) Any person having an interest which is or may
be adversely affected by a decision made by the Secretary
under subsections (g), (h), (i), (j) and (l) of section 201,
or subsection 202(a)(2), or subsection 204(g), may apply
to the Secretary for review of the decision within 30 days
after it is made.
(2) The Secretary shall provide an opportunity for
a public hearing at the request of any party. Any hearing
conducted pursuant to this subsection shall be on record
and shall be subject to section 554 of title 5 of the United
States Code. The filing of an application for review under
this subsection shall not operate as a stay of any order
or notice issued under subsection (b).
(3) Following the hearing referred to in paragraph
(2), if requested, but in any event the Secretary shall make
findings of fact and shall issue a written decision incor-
porating therein an order vacating, affirming, modifying
or terminating the notice, order or decision, or with re-
spect to an assessment, the amount of penalty that is war-
ranted. Where the application for review concerns a ces-
sation order issued under subsection (b), the Secretary
shall issue the written decision within 30 days of the re-
ceipt of the application for review, unless temporary relief
has been granted by the Secretary under paragraph (4).
(4) Pending completion of any proceedings under this
subsection, the applicant may file with the Secretary a
written request that the Secretary grant temporary relief
from any order issued under subsection (b) together with
a detailed statement giving reasons for such relief. The
Secretary shall expeditiously issue an order or decision
granting or denying such relief. The Secretary may grant
such relief under such conditions as he may prescribe only
if such relief shall not adversely affect the health or safety
of the public or cause significant, imminent environmental
harm to land, air or water resources.
(5) The availability of review under this subsection
shall not be construed to limit the operation of rights es-
tablished under subsection (e).
(g) JUDICIAL REVIEW.—(1) Any action by the Sec-
retary in promulgating regulations to implement this Act,
or any other actions constituting rulemaking by the Sec-
retary to implement this Act, shall be subject to judicial
review in the United States District Court for the District
of Columbia. Any action subject to judicial review under
this subsection shall be affirmed unless the court con-
cludes that such action is arbitrary, capricious, or other-
wise inconsistent with law. A petition for review of any
action subject to judicial review under this subsection shall
be filed in the United States District Court for the District
of Columbia within 60 days from the date of such action,
or after such date if the petition is based solely on grounds
arising after the sixtieth day. Any such petition may be
made by any person who commented or otherwise partici-
pated in the rulemaking or who may be adversely affected
by the action of the Secretary.
(2) Final agency action under this Act, including
such final action on those matters described under sub-
section (f), shall be subject to judicial review in accordance
with paragraph (4) and pursuant to 28 U.S.C. 1391(a)
of the United States Code on or before 60 days from the
date of such final action.
(3) The availability of judicial review established in
this subsection shall not be construed to limit the oper-
ations of rights established under subsection (e).
(4) The court shall hear any petition or complaint
filed under this subsection solely on the record made be-
fore the Secretary. The court may affirm, vacate, or mod-
ify any order or decision or may remand the proceedings
to the Secretary for such further action as it may direct.
(5) 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.
(h) PROCEEDINGS.—Whenever a proceeding occurs
under subsection (a), (f), or (g), or under section 201, or
under section 204(g), 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
or the court to have been reasonably incurred by such per-
son for or in connection with participation in such pro-
ceedings, including any judicial review of the proceeding,
may be assessed against either party as the court, result-
ing from judicial review or the Secretary, resulting from
administrative proceedings, deems proper.
SEC. 203. STATE LAW AND REGULATION.
(a) STATE LAW.—(1) Any reclamation standard or
requirement in State law or regulation that meets or ex-
ceeds the requirements of subsections (m) and (n) of sec-
tion 201 shall not be construed to be inconsistent with
any such standard.
(2) Any bonding standard or requirement in State
law or regulation that meets or exceeds the requirements
of section 201(l) shall not be construed to be inconsistent
with such requirements.
(3) Any inspection standard or requirement in State
law or regulation that meets or exceeds the requirements
of section 202 shall not be construed to be inconsistent
with such requirements.
(b) APPLICABILITY
OF OTHER STATE REQUIRE-
MENTS.—(1) Nothing in this Act shall be construed as af-
fecting any air or water quality standard or requirement
of any State law or regulation which may be applicable
to mineral activities on lands subject to this Act.
(2) 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 re-
sources affected by mineral activities on lands subject to
this Act.
(c) COOPERATIVE AGREEMENTS.—(1) Any State
may enter into a cooperative agreement with the Secretary
for the purposes of the Secretary applying such standards
and requirements referred to in subsection (a) and sub-
section (b) to mineral activities or reclamation on lands
subject to this Act.
(2) In such instances where the proposed mineral ac-
tivities would affect lands not subject to this Act in addi-
tion to lands subject to this Act, in order to approve a
plan of operations the Secretary shall enter into a coopera-
tive agreement with the State that sets forth a common
regulatory framework consistent with the surface manage-
ment requirements of this Act for the purposes of such
plan of operations.
(3) The Secretary 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.
(d) PRIOR AGREEMENTS.—Any cooperative agree-
ment or such other understanding between the Secretary
and any State, or political subdivision thereof, relating to
the surface 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 the
effective date of this Act, after which time the terms and
conditions of any such agreement or understanding shall
only be applicable to plans of operations approved by the
Secretary prior to the effective date of this Act except as
provided under section 405.
(e) DELEGATION.—The Secretary shall not delegate
to any State, or political subdivision thereof, the Sec-
retary’s authorities, duties and obligations under this Act,
including with respect to any cooperative agreements en-
tered into under this section.
SEC. 204. UNSUITABILITY REVIEW.
(a) IN GENERAL.—The Secretary of the Interior in
preparing land use plans under the Federal Land Policy
and Management Act of 1976, and the Secretary of Agri-
culture in preparing land use plans under the Forest and
Rangeland Renewable Resources Planning Act of 1974, as
amended by the National Forest Management Act of
1976, shall each conduct a review of lands that are subject
to this Act in order to determine whether there are any
areas which are unsuitable for all or certain types of min-
eral activities pursuant to the standards set forth under
subsection (e). In the event such a determination is made,
the review shall be included in the applicable land use
plan.
(b) SPECIFIC AREAS.—Not later than 90 days after
the date of enactment of this Act, the Secretary of the
Interior and the Secretary of Agriculture, on the basis of
any information available, shall each publish a notice in
the Federal Register identifying and listing the lands sub-
ject to this Act which are or may be determined to be
unsuitable for all or certain types of mineral activities ac-
cording to the standards set forth in subsection (e). After
opportunity for public comment and proposals for modi-
fications to such listing, but not later than the effective
date of this Act, each Secretary shall begin to review the
lands identified pursuant to this subsection to determine
whether such lands are unsuitable for all or certain types
of mineral activities according to the standards set forth
in subsection (e).
(c) LAND USE PLANS.—(1) At such time as the Sec-
retary revises or amends a land use plan pursuant to pro-
visions of law other than this Act, the Secretary shall iden-
tify lands determined to be unsuitable for all or certain
types of mineral activities according to the standards set
forth in subsection (e). The Secretary shall incorporate
such determinations in the applicable land use plans.
(2) If lands covered by a proposed plan of operations
have not been reviewed pursuant to this section at the time
of submission of a plan of operations, the Secretary shall,
prior to the consideration of the proposed plan of oper-
ations, review the areas that would be affected by the pro-
posed mineral activities to determine whether the area is
unsuitable for all or certain types of mineral activities ac-
cording to the standards set forth in subsection (e). The
Secretary shall use such review in the next revision or
amendment to the applicable land use plan to the extent
necessary to reflect the unsuitability of such lands for all
or certain types of mineral activities according to the
standards set forth in subsection (e).
(3) This section does not require land use plans to
be amended until such plans are adopted, revised, or
amended pursuant to provisions of law other than this
Act.
(d) EFFECT OF DETERMINATION.—(1) If the Sec-
retary determines an area to be unsuitable under this sec-
tion for all or certain types of mineral activities, he shall
do one of the following:
(A) In any instance where a determination is
made that an area is unsuitable for all types of min-
eral activities, the Secretary of the Interior, with the
consent of the Secretary of Agriculture for lands
under the jurisdiction of the Secretary of Agri-
culture, shall withdraw such area pursuant to sec-
tion 204 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1714).
(B) In any instance where a determination is
made that an area is unsuitable for certain types of
mineral activities, the Secretary shall take appro-
priate steps to limit or prohibit such types of
mineral activities.
(2) Nothing in this section may be construed as af-
fecting lands where mineral activities under approved
plans of operations or under notice (as provided for in the
regulations of the Secretary of the Interior in effect prior
to the effective date of this Act relating to operations that
cause a cumulative disturbance of 5 acres or less) were
being conducted on the effective date of this Act, except
as provided under subsection (g).
(3) Nothing in this section may be construed as pro-
hibiting mineral activities not subject to paragraph (2)
where substantial legal and financial commitments in such
mineral activities were in existence on the effective date
of this Act, but nothing in this section may be construed
as limiting any existing authority of the Secretary to regu-
late such activities.
(4) An unsuitability determination under this section
shall not prevent the types of mineral activities referred
to in section 201(b)(2)(A), but nothing in this section shall
be construed as authorizing such activities in areas with-
drawn pursuant to section 204 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1714).
(e) REVIEW STANDARDS.—(1) An area containing
lands that are subject to this Act shall be determined to
be unsuitable for all or certain types of mineral activities
if the Secretary determines, after notice and opportunity
for public comment, that reclamation pursuant to the
standards set forth in subsections (m) and (n) of section
201 would not be technologically and economically feasible
for any such mineral activities in such area and where—
(A) such mineral activities would substantially
impair water quality or supplies within the area sub-
ject to the mining plan or adjacent lands, such as
impacts on aquifers and aquifer recharge areas;
(B) such mineral activities would occur on
areas of unstable geology that could if undertaken
substantially endanger life and property;
(C) such mineral activities would adversely af-
fect publicly-owned places which are listed on or are
eligible for listing on the National Register of His-
toric Places, unless the Secretary and the State ap-
prove all or certain mineral activities, in which case
the area shall not be determined to be unsuitable for
such approved mineral activities;
(D) such mineral activities would cause loss of
or damage to riparian areas;
(E) such mineral activities would impair the
productivity of the land subject to such mineral ac-
tivities;
(F) such mineral activities would adversely af-
fect candidate species for threatened and endangered
species status; or
(G) such mineral activities would adversely af-
fect lands designated as National Wildlife Refuges.
(2) An area may be determined to be unsuitable for
all or certain mineral activities if the Secretary, after no-
tice and opportunity for public comment, determines that
reclamation pursuant to the standards set forth in sub-
sections (m) and (n) of section 201 would not be techno-
logically and economically feasible for any such mineral
activities in such area and where—
(A) such mineral activities could result in sig-
nificant damage to important historic, cultural, sci-
entific and aesthetic values or to natural systems;
(B) such mineral activities could adversely af-
fect lands of outstanding aesthetic qualities and sce-
nic Federal lands designated as Class I under sec-
tion 162 of the Clean Air Act (42 U.S.C. 7401 and
following);
(C) such mineral activities could adversely af-
fect lands which are high priority habitat for migra-
tory bird species or other important fish and wildlife
species as determined by the Secretary in consulta-
tion with the Director of the Fish and Wildlife Serv-
ice and the appropriate agency head for the State in
which the lands are located;
(D) such mineral activities could adversely af-
fect lands which include wetlands if mineral activi-
ties would result in loss of wetland values;
(E) such mineral activities could adversely af-
fect National Conservation System units; or
(F) such mineral activities could adversely af-
fect lands containing other resource values as the
Secretary may consider.
(f) WITHDRAWAL REVIEW.—In conjunction with con-
ducting an unsuitability review under this section, the Sec-
retary shall review all administrative withdrawals of land
from the location of mining claims to determine whether
the revocation or modification of such withdrawal for the
purpose of allowing such lands to be opened to the location
of mining claims under this Act would be appropriate as
a result of any of the following:
(1) The imposition of any conditions referred to
in subsection (d)(1)(B).
(2) The surface management requirements of
section 201.
(3) The limitation of section 107.
(g) CITIZEN PETITION.—(1) In any instance where
a land use plan has not been amended or completed to
reflect the review referred to in subsection (a), any person
having an interest that may be adversely affected by po-
tential mineral activities on lands subject to this Act cov-
ered by such plan shall have the right to petition the Sec-
retary to determine such lands to be unsuitable for all or
certain types of mineral activities. Such petition shall con-
tain allegations of fact with respect to potential mineral
activities and with respect to the unsuitability of such
lands for all or certain mineral activities according to the
standards set forth in subsection (e) with supporting evi-
dence that would tend to establish the allegations.
(2) Petitions received prior to the date of the submis-
sion of a proposed plan of operations under this Act, shall
stay consideration of the proposed plan of operations
pending review of the petition.
(3) Within 4 months after receipt of a petition to de-
termine lands to be unsuitable for all or certain types of
mining in areas where a land use plan has not been
amended or completed to reflect the review referred to in
subsection (a), the Secretary shall hold a public hearing
on the petition in the locality of the area in question. After
a petition has been filed and prior to the public hearing,
any person may support or oppose the determination
sought by the petition by filing written allegations of facts
and supporting evidence.
(4) Within 60 days after a public hearing held pursu-
ant to paragraph (3), the Secretary shall issue a written
decision regarding the petition which shall state the rea-
sons for granting or denying the requested determination.
(5) Reviews conducted pursuant to this subsection
shall be consistent with paragraphs (3) and (4) of sub-
section (d) and with subsection (e).
SEC. 205. LANDS NOT OPEN TO LOCATION.
(a) LANDS.—Subject to valid existing rights, each of
the following shall not be open to the location of mining
claims under this Act on the date of enactment of this
Act:
(1) Lands recommended for wilderness designa-
tion by the agency managing the surface, pending a
final determination by the Congress of the status of
such lands.
(2) Lands being managed by the Bureau of
Land Management as wilderness study areas on the
date of enactment of this Act except where the loca-
tion of mining claims is specifically allowed to con-
tinue by the statute designating the study area,
pending a final determination by the Congress of the
status of such lands.
(3) Lands within Wild and Scenic River System
and lands under study for inclusion in such system,
pending a final determination by the Congress of the
status of such lands.
(4) Lands identified by the Bureau of Land
Management as Areas of Critical Environmental
Concern.
(5) Lands identified by the Secretary of Agri-
culture as Research Natural Areas.
(6) Lands designated by the Fish and Wildlife
Service as critical habitat for threatened or endan-
gered species.
(7) Lands administered by the Fish and Wild-
life Service.
(8) Lands which the Secretary shall designate
for withdrawal under authority of other law, includ-
ing lands which the Secretary of Agriculture may
propose for withdrawal by the Secretary of the Inte-
rior under authority of other law.
(b) DEFINITION.—As used in this section, the term
‘‘valid existing rights’’ means that a mining claim located
on lands referred to in subsection (a) was properly located
and maintained under the general mining laws prior to
the date of enactment of this Act, and was supported by
a discovery of a valuable mineral deposit within the mean-
ing of the general mining laws on the date of enactment
of this Act, and that such claim continues to be valid.
TITLE 
III—ABANDONED 
MIN-
ERALS MINE RECLAMATION
FUND
SEC. 301. ABANDONED MINERALS MINE RECLAMATION
FUND.
(a) NEW SUBTITLE.—Title IV of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1231)
is amended by inserting:
‘‘Subtitle A—Abandoned Coal Mine Reclamation Fund’’
immediately before section 401 and by adding the follow-
ing new subtitle at the end thereof:
‘‘Subtitle B—Abandoned Minerals Mine Reclamation
Fund
‘‘SEC. 421. ABANDONED MINERALS MINE RECLAMATION.
‘‘(a) ESTABLISHMENT.—(1) There is established on
the books of the Treasury of the United States a trust
fund to be known as the Abandoned Minerals Mine Rec-
lamation Fund (hereinafter in this subtitle referred to as
the ‘Fund’). The Fund shall be administered by the Sec-
retary of the Interior acting through the Director, Office
of Surface Mining Reclamation and Enforcement.
‘‘(2) The Secretary of the Interior shall notify the
Secretary of the Treasury as to what portion of the Fund
is not, in his judgment, required to meet current with-
drawals. The Secretary of the Treasury shall invest such
portion of the Fund in public debt securities with matu-
rities suitable for the needs of such Fund and bearing in-
terest at rates determined by the Secretary of the Treas-
ury, taking into consideration current market yields on
outstanding marketplace obligations of the United States
of comparable maturities. The income on such investments
shall be credited to, and form a part of, the Fund.
‘‘(b) AMOUNTS.—The following amounts shall be
credited to the Fund for the purposes of this Act:
‘‘(1) All moneys received from the collection of
rental fees under section 104 of the Mineral Explo-
ration and Development Act of 1991.
‘‘(2) Amounts collected pursuant to sections
105 and 202(d) of the Mineral Exploration and De-
velopment Act of 1991.
‘‘(3) All moneys received from the disposal of
mineral materials pursuant to section 3 of the Mate-
rials Act of 1947 (30 U.S.C. 603) to the extent such
moneys are not specifically dedicated to other pur-
poses under other authority of law.
‘‘(4) Donations by persons, corporations, asso-
ciations, and foundations for the purposes of this
subtitle.
‘‘(5) Amounts referred to in section 410(e)(1).
‘‘SEC. 422. USE AND OBJECTIVES OF THE FUND.
‘‘(a) IN GENERAL.—The Secretary is authorized to
use moneys in the Fund for the reclamation and restora-
tion of land and water resources adversely affected by past
mineral (other than coal and fluid minerals) and mineral
material mining, including but not limited to, any of the
following:
‘‘(1) Reclamation and restoration of abandoned
surface mined areas.
‘‘(2) Reclamation and restoration of abandoned
milling and processing areas.
‘‘(3) Sealing, filling, and grading abandoned
deep mine entries.
‘‘(4) Planting of land adversely affected by past
mining to prevent erosion and sedimentation.
‘‘(5) Prevention, abatement, treatment and con-
trol of water pollution created by abandoned mine
drainage.
‘‘(6) Control of surface subsidence due to aban-
doned deep mines.
‘‘(7) Such expenses as may be necessary to ac-
complish the purposes of this subtitle.
‘‘(b) PRIORITIES.—Expenditure of moneys from the
Fund shall reflect the following priorities in the order stat-
ed:
‘‘(1) The protection of public health, safety,
general welfare and property from extreme danger
from the adverse effects of past minerals and min-
eral materials mining practices.
‘‘(2) The protection of public health, safety, and
general welfare from the adverse effects of past min-
erals and mineral materials mining practices.
‘‘(3) The restoration of land and water re-
sources previously degraded by the adverse effects of
past minerals and mineral materials mining prac-
tices.
‘‘SEC. 423. ELIGIBLE AREAS.
‘‘(a) ELIGIBILITY.—Lands and waters eligible for
reclamation expenditures under this Act shall be those
within the boundaries of States that have lands subject
to the Mineral Exploration and Development Act of 1992
and the Materials Act of 1947—
‘‘(1) which were mined or processed for min-
erals and mineral materials or which were affected
by such mining or processing, and abandoned or left
in an inadequate reclamation status prior to the date
of enactment of this subtitle; and
‘‘(2) for which the Secretary makes a deter-
mination that there is no continuing reclamation re-
sponsibility under State or Federal laws; and
‘‘(3) for which it can be established that such
lands do not contain minerals which could economi-
cally be extracted through the reprocessing or
remining of such lands, unless such consideration
are in conflict with the priorities set forth under
paragraphs (1) and (2) of section 422(b).
In determining the eligibility under this subsection of Fed-
eral lands and waters under the jurisdiction of the Forest
Service or Bureau of Land Management in lieu of the date
referred to in paragraph (1), the applicable date shall be
August 28, 1974, and November 26, 1980, respectively.
‘‘(b) SPECIFIC SITES AND AREAS NOT ELIGIBLE.—
The provisions of section 411(d) of the Surface Mining
Control and Reclamation Act of 1977 shall apply to ex-
penditures made from the Fund established under this
subtitle in the same manner and to the same extent as
such provisions apply to expenditures made under
subtitle A.
‘‘SEC. 424. FUND ALLOCATION AND EXPENDITURES.
‘‘(a) ALLOCATIONS.—(1) Moneys available for ex-
penditure from the Fund shall be allocated on an annual
basis by the Secretary in the form of grants to eligible
States, or in the form of expenditures under subsection
(b), to accomplish the purposes of this subtitle.
‘‘(2) The Secretary shall distribute moneys from the
Fund based on the greatest need for such moneys pursu-
ant to the priorities stated in section 422(b). In determin-
ing the greatest need for the distribution of moneys from
the Fund to eligible States, the Secretary shall give prior-
ity to those eligible States which do not receive grants
under subtitle A.
‘‘(b) DIRECT FEDERAL EXPENDITURES.—Where a
State is not eligible, or in instances where the Secretary
determines that the purposes of this subtitle may best be
accomplished otherwise, moneys available from the Fund
may be expended directly by the Director, Office of Sur-
face Mining Reclamation and Enforcement. The director
may also make such money available through grants made
to the Director of the Bureau of Land Management, the
Chief of the United States Forest Service, the Director
of the National Park Service, and any public entity that
volunteers to develop and implement, and that has the
ability to carry out, all or a significant portion of a rec-
lamation program, or through cooperative agreements be-
tween eligible States and the entities referred to in this
subsection.
‘‘SEC. 425. STATE RECLAMATION PROGRAMS.
‘‘(a) ELIGIBLE STATES.—For the purpose of section
424(a), ‘eligible States’ are those States for which the Sec-
retary determines meets each of the following require-
ments:
‘‘(1) Within the State there are mined lands,
waters, and facilities eligible for reclamation pursu-
ant to section 423.
‘‘(2) The State has developed an inventory of
such areas following the priorities established under
section 422(b).
‘‘(3) The State has established, and the Sec-
retary has approved, a State abandoned minerals
and mineral materials mine reclamation program for
the purpose of receiving and administering grants
under this subtitle. Any State with an approved
abandoned mine reclamation program pursuant to
section 405 shall be deemed to have met the require-
ments of this paragraph.
‘‘(b) MONITORING.—The Secretary shall monitor the
expenditure of State grants to ensure they are being uti-
lized to accomplish the purposes of this subtitle.
‘‘(c) SUPPLEMENTAL GRANTS.—In the case of any
State with an approved abandoned mine reclamation pro-
gram pursuant to section 405, grants to such State made
pursuant to this subtitle may be made as a supplement
to grants received by such State pursuant to section
402(g)(1).
‘‘(d) STATE PROGRAMS.—(1) The Secretary shall ap-
prove any State abandoned minerals mine reclamation
program submitted to the Secretary by a State under this
subtitle if the Secretary finds that the State has the ability
and necessary State legislation to implement such pro-
gram and that the program complies with the provisions
of this subtitle and the regulations of the Secretary under
this subtitle.
‘‘(2) No State, or a contractor for such State engaged
in approved reclamation work under this subtitle, or a
public entity referred to in section 424(b), shall be liable
under any provision of Federal law for any costs or dam-
ages as a result of action taken or omitted in the course
of carrying out an approved State abandoned minerals
mine reclamation program under this section. This para-
graph shall not preclude liability for cost or damages as
a result of gross negligence or intentional misconduct by
the State. For purposes of the preceding sentence, reck-
less, willful, or wanton misconduct shall constitute gross
negligence.
‘‘SEC. 426. AUTHORIZATION OF APPROPRIATIONS.
‘‘Amounts credited to the Fund are authorized to be
appropriated for the purpose of this subtitle without fiscal
year limitation.’’.
SEC. 302. CONFORMING AMENDMENTS.
(a) CONFORMING CHANGE.—All references to ‘‘this
title’’ in sections 401 through 414 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1231
and following) are amended to read ‘‘this subtitle’’.
(b) TABLE OF CONTENTS.—The table of contents for
title IV of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1231 and following) is amended
as follows:
(1) Insert the following immediately before the
item relating to section 401:
‘‘Subtitle A—Abandoned Coal Mine Reclamation Fund’’.
(2) Add the following at the end thereof:
‘‘Subtitle B—Abandoned Minerals Mine Reclamation Fund
‘‘Sec. 421. Abandoned minerals mine reclamation.
‘‘Sec. 422. Use and objectives of the fund.
‘‘Sec. 423. Eligible areas.
‘‘Sec. 424. Fund allocation and expenditures.
‘‘Sec. 425. State reclamation programs.
‘‘Sec. 426. Authorization of appropriations.’’.
TITLE IV—ADMINISTRATIVE AND
MISCELLANEOUS PROVISIONS
SEC. 401. POLICY FUNCTIONS.
(a) MINERALS POLICY.—The Mining and Minerals
Policy Act of 1970 (30 U.S.C. 21a) is amended by adding
at the end thereof the following: ‘‘It shall also be the re-
sponsibility of the Secretary of Agriculture to carry out
the policy provisions of paragraphs (1) and (2) of this
Act.’’.
(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) is amended by inserting
before the period the following: ‘‘, except that for National
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. 402. USER FEES.
The Secretaries of Interior and Agriculture are au-
thorized to establish and collect from persons subject to
the requirements of this Act such user fees as may be nec-
essary to reimburse the United States for a portion of the
expenses incurred in administering such requirements.
Fees may be assessed and collected under this section only
in such manner as may reasonably be expected to result
in an aggregate amount of the fees collected during any
fiscal year which does not exceed the aggregate amount
of administrative expenses referred to in this section.
SEC. 403. REGULATIONS; EFFECTIVE DATES.
(a) EFFECTIVE DATE.—This Act shall take effect 1
year after the date of enactment of this Act, except as
otherwise provided in this Act.
(b) REGULATIONS.—(1) The Secretary of the Interior
shall issue final regulations to implement title I, such re-
quirements of section 402 and 409 as may be applicable
to such title, title III and sections 404, 406 and 407 not
later than the effective date of this Act specified in sub-
section (a).
(2) The Secretary of the Interior and the Secretary
of Agriculture shall each issue final regulations to imple-
ment their respective responsibilities under title II, such
requirements of section 402 as may be applicable to such
title, and sections 405 and 409 not later than the effective
date of this Act referred to in subsection (a). The Sec-
retary of the Interior and the Secretary of Agriculture
shall coordinate the promulgation of such regulations.
(3) Failure to promulgate the regulations specified in
this subsection by the effective date of this Act by reason
of any appeal or judicial review shall not delay the effec-
tive date of this Act as specified in subsection (a).
(b) NOTICE.—Within 60 days after the publication
of regulations referred to in subsection (b)(1), the Sec-
retary of the Interior shall give notice to holders of mining
claims and mill sites maintained under the general mining
laws as to the requirements of section 404. Procedures
for providing such notice shall be established as part of
the regulations.
(c) NEW MINING CLAIMS.—Notwithstanding any
other provision of law, after the effective date of this Act,
a mining claim for a locatable mineral on lands subject
to this Act—
(1) may be located only in accordance with this
Act,
(2) may be maintained only as provided in this
Act, and
(3) shall be subject to the requirements of this
Act.
SEC. 404. TRANSITIONAL RULES; MINING CLAIMS AND MILL
SITES.
(a) CLAIMS UNDER THE GENERAL MINING LAWS.—
(1) CONVERTED
MINING
CLAIMS.—Notwith-
standing any other provision of law, within the 3-
year period after the effective date of this Act, the
holder of any unpatented mining claim which was lo-
cated under the general mining laws before the ef-
fective date of this Act may elect to convert the
claim under this paragraph by filing an election to
do so with the Secretary of the Interior that ref-
erences the Bureau of Land Management serial
number of that claim in the office designated by
such Secretary. The provisions of title I (other than
subsections (a), (b), (c), (d)(1), (f), and (h) of sec-
tion 103) shall apply to any such claim, effective
upon the making of such election, and the filing of
such election shall constitute notice to the Secretary
for purposes of section 103(d)(2). Once a mining
claim has been converted, there shall be no distinc-
tion made as to whether such claim was originally
located as a lode or placer claim.
(2) UNCONVERTED MINING CLAIMS.—Notwith-
standing any other provision of law, any claim re-
ferred to in paragraph (1) that has not converted
within the 3-year period referred to in such para-
graph shall be deemed forfeited and declared null
and void.
(3) CONVERTED MILL SITE CLAIMS.—Notwith-
standing any other provision of law, within the 3-
year period after the effective date of this Act, the
holder of any unpatented mill site which was located
under the general mining laws before the effective
date of this Act may elect to convert the site under
this paragraph by filing an election to do so with the
Secretary of the Interior that references the Bureau
of Land Management serial number of that mill site
in the office designated by such Secretary. The pro-
visions of title I (other than subsections (a), (b), (c),
(d)(1), and (f) of section 103) shall apply to any
such claim, effective upon the making of such elec-
tion, and the filing of such election shall constitute
notice to the Secretary for purposes of section
103(d)(2). A mill site converted under this para-
graph shall be deemed a mining claim under this
Act.
(4) UNCONVERTED MILL SITE CLAIMS.—Not-
withstanding any other provision of law, any mill
site referred to in paragraph (3) that has not con-
verted within the 3-year period referred to in such
paragraph shall be deemed forfeited and declared
null and void.
(5) TUNNEL
SITES.—Any tunnel site located
under the general mining laws on or before the ef-
fective date of this Act shall not be recognized as
valid unless converted pursuant to paragraph (1).
No tunnel sites may be located under the general
mining laws after the effective date of this Act.
(b) SPECIAL APPLICATION OF REQUIREMENTS.—For
mining claims and mill sites converted under this section
each of the following shall apply:
(1) For the purposes of complying with the re-
quirements of section 103(d)(2), whenever the Sec-
retary receives an election under paragraphs (1) or
(3) of subsection (a), as the case may be, he shall
provide 
the 
certificate 
referenced 
in 
section
103(d)(2) to the holder of the mining claim or mill
site.
(2) The first diligence year applicable to mining
claims and mill sites converted under this section
shall commence on the first day of the first month
following the date the holder of such claim or mill
site files an election to convert with the Secretary
under paragraphs (1) or (3) of subsection (a), as the
case may be, and subsequent diligence years shall
commence on the first day of that month each year
thereafter.
(3) For the purposes of determining the bound-
aries of a mining claim to which the rental require-
ments of section 104 apply for a mining claim or
mill site converted under this section, the rental fee
shall be paid on the basis of land within the bound-
aries of the converted mining claim or mill site as
described in the notice of location or certificate of lo-
cation filed under section 314 of the Federal Land
Policy and Management Act of 1976.
(c) PRECONVERSION.—Any unpatented mining claim
or mill site located under the general mining laws shall
be deemed to be a prior claim for the purposes of section
103(e) during the 3-year period referred to in subsections
(a)(1) or (a)(3).
(d) POSTCONVERSION.—Any unpatented mining
claim or mill site located under the general mining laws
shall be deemed to be a prior claim for the purposes of
section 103(e) if converted pursuant to subsections (a)(1)
or (a)(3).
(e) DISPOSITION OF LAND.—In the event a mining
claim is located under this Act for lands encumbered by
a prior mining claim or mill site located under the general
mining laws, such lands shall become part of the claim
located under this Act if the claim or mill site located
under the general mining laws is declared null and void
under this section or otherwise becomes null and void
thereafter.
(f) PREACT CONFLICTS.—(1) Any conflicts in exist-
ence on or before the date of enactment of this Act be-
tween holders of mining claims located under the general
mining laws may be resolved in accordance with applicable
laws governing such conflicts in effect on the date of en-
actment of this Act in a court with proper jurisdiction.
(2) Any conflicts not relating to matters provided for
under section 103(g) between the holders of a mining
claim located under this Act and a mining claim or mill
located under the general mining laws arising either before
or after the conversion of any such claim or site under
this section shall be resolved in a court with proper juris-
diction.
SEC. 405. TRANSITIONAL RULES; SURFACE MANAGEMENT
REQUIREMENTS.
(a) NEW CLAIMS.—Notwithstanding any other provi-
sion of law, any mining claim for a locatable mineral on
lands subject to this Act located after the date of enact-
ment of this Act, but prior to the effective date of this
Act, shall be subject to such surface management require-
ments as may be applicable to the mining claim in effect
prior to the date of enactment of this Act until the effec-
tive date of this Act, at which time such claim shall be
subject to the requirements of title II.
(b) PREEXISTING
CLAIMS.—Notwithstanding any
other provision of law, any unpatented mining claim or
mill site located under the general mining laws shall be
subject to the requirements of title II as follows:
(1) In the event a plan of operations had not
been approved for mineral activities on any such
claim or site prior to the effective date of this Act,
the claim or site shall be subject to the requirements
of title II upon the effective date of this Act.
(2) In the event a plan of operations had been
approved for mineral activities on any such claim or
site prior to the effective date of this Act, such plan
of operations shall continue in force for a period of
5 years after the effective date of this Act, after
which time the requirements of title II shall apply,
except as provided under subsection (c), subject to
the limitations of section 204(d)(2). In order to meet
the requirements of section 201, the person conduct-
ing mineral activities under such plan of operations
shall apply for a modification under section 201(i).
During such 5-year period the provisions of section
202 shall apply on the basis of the surface manage-
ment requirements applicable to such plans of oper-
ations prior to the effective date of this Act.
(3) In the event a notice had been filed with the
authorized officer in the applicable district office of
the Bureau of Land Management (as provided for in
the regulations of the Secretary of the Interior in ef-
fect prior to the date of enactment of this Act relat-
ing to operations that cause a cumulative disturb-
ance of 5 acres or less) prior to the date of enact-
ment of this Act, mineral activities may continue
under such notice for a period of 2 years after the
effective date of this Act, after which time the re-
quirements of title II shall apply, except as provided
under subsection (c), subject to the limitations of
section 204(d)(2). In order to meet the requirements
of section 201, the person conducting mineral activi-
ties under such notice must apply for a modification
under section 201(i) unless such mineral activities
are conducted pursuant to section 201(b)(2). During
such 2-year period the provisions of section 202
shall apply on the basis of the surface management
requirements applicable to such notices prior to the
effective date of this Act.
(4) In the event a notice (as described in para-
graph (3)) had not been filed with the authorized of-
ficer in the applicable district office of the Bureau
of Land Management prior to the date of enactment
of this Act, the claim or site shall be subject to the
surface management requirements in effect prior to
the effective date of this Act at which time such
claims shall be subject to the requirements of title
II.
SEC. 406. BASIS FOR CONTEST.
(a) DISCOVERY.—(1) After the effective date of this
Act, a mining claim may not be contested or challenged
on the basis of discovery under the general mining laws,
except as follows:
(A) Any claim located on or before the effective
date of this Act may be contested by the United
States on the basis of discovery under the general
mining laws as in effect prior to the effective date
of this Act if such claim is located within units of
the National Park System, National Wildlife Refuge
System, National Wilderness Preservation System,
Wild and Scenic Rivers System, National Trails Sys-
tem, or National Recreation Areas designated by an
Act of Congress, or within an area referred to in
section 205 pending a final determination referenced
in such section.
(B) Any mining claim located on or before the
effective date of this Act may be contested by the
United States on the basis of discovery under the
general mining laws as in effect prior to the effective
date of this Act if such claim was located for a min-
eral material that purportedly has a property giving
it distinct and special value within the meaning of
section 3(a) of the Act of July 23, 1955, or if such
claim was located for a mineral that was not
locatable under the general mining laws on or before
the effective date of this Act.
(2) The Secretary of the Interior or the Secretary of
Agriculture, as the case may be, may initiate contest pro-
ceedings against those mining claims referred to in para-
graph (1) at any time, except that nothing in this sub-
section may be construed as requiring the Secretary to in-
quire into or contest the validity of a mining claim for
the purpose of the conversion referred to in section 404.
(3) Nothing in this subsection may be construed as
limiting any contest proceedings initiated by the United
States under this subsection on issues other than
discovery.
SEC. 407. SAVINGS CLAUSE CLAIMS.
(a) Notwithstanding any other provision of law, ex-
cept as provided under subsection (b), an unpatented min-
ing claim referred to in section 37 of the Mineral Leasing
Act (30 U.S.C. 193) may not be converted under section
404 until the Secretary of the Interior determines the
claim was valid on the date of enactment of the Mineral
Leasing Act and has been maintained in compliance with
the general mining laws.
(b) Immediately after the date of enactment of this
Act, the Secretary of the Interior shall initiate contest pro-
ceedings challenging the validity of all unpatented claims
referred to in subsection (a), including those claims for
which a patent application has not been filed. If a claim
is determined to be invalid, the Secretary shall promptly
declare the claim to be null and void.
(c) No claim referred to in subsection (a) shall be
declared null and void under section 404 during the period
such claim is subject to a proceeding under subsection (b).
100
If, as a result of such proceeding, a claim is determined
valid, the holder of such claim may comply with the re-
quirements of section 404(a)(1), except that the 3-year pe-
riod referred to in such section shall commence with the
date of the completion of the contest proceeding.
SEC. 408. SEVERABILITY.
If any provision of this Act or the applicability there-
of to any person or circumstances is held invalid, the re-
mainder of this Act and the application of such provision
to other persons or circumstances shall not be affected
thereby.
SEC. 409. PURCHASING POWER ADJUSTMENT.
The Secretary shall adjust all rental rates, penalty
amounts, and other dollar amounts established in this Act
for changes in the purchasing power of the dollar every
10 years following the date of enactment of this Act, em-
ploying the Consumer Price Index for all-urban consumers
published by the Department of Labor as the basis for
adjustment, and rounding according to the adjustment
process of conditions of the Federal Civil Penalties Infla-
tion Adjustment Act of 1990 (104 Stat. 890).
SEC. 410. ROYALTY.
(a) RESERVATION
OF
ROYALTY.—Production of
locatable minerals (including associated minerals) from
any mining claim located or converted under this Act, or
101
mineral concentrates derived from locatable minerals pro-
duced from any mining claim located or converted under
this Act, as the case may be, shall be subject to a royalty
of not less than 8 percent of the gross income from the
production of such locatable minerals or concentrates, as
the case may be.
(b) ROYALTY PAYMENTS.—Royalty payments shall
be made to the United States not later than 30 days after
the end of the month in which the product is produced
and placed in its first marketable condition, consistent
with prevailing practices in the industry.
(c) REPORTING REQUIREMENTS.—All persons hold-
ing claims under this Act shall be required to provide such
information as determined necessary by the Secretary to
ensure compliance with this section, including, but not
limited to, quarterly reports, records, documents, and
other data. Such reports may also include, but not be lim-
ited to, pertinent technical and financial data relating to
the quantity, quality, and amount of all minerals extracted
from the mining claim.
(d) AUDITS.—The Secretary is authorized to conduct
such audits of all persons holding claims under this Act
as he deems necessary for the purposes of ensuring com-
pliance with the requirements of this section.
102
(e) DISPOSITION OF RECEIPTS.—All receipts from
royalties collected pursuant to this section shall be distrib-
uted as follows—
(1) 50 percent shall be deposited into the Fund
referred to in title III;
(2) 25 percent collected in any State shall be
paid to the State in the same manner as are pay-
ments to States under section 35 of the Mineral
Leasing Act; and
(3) 25 percent shall be deposited into the
Treasury of the United States.
(f) COMPLIANCE.—Any person holding claims under
this Act who knowingly or willfully prepares, maintains,
or submits false, inaccurate, or misleading information re-
quired by this section, or fails or refuses to submit such
information, shall be subject to the enforcement provisions
of section 202 of this Act and forfeiture of the claim.
(g) REGULATIONS.—The Secretary shall promulgate
regulations to establish gross income for royalty purposes
under subsection (a) and to ensure compliance with this
section.
(h) REPORT.—The Secretary shall submit to the Con-
gress an annual report on the implementation of this sec-
tion. The information to be included in the report shall
include, but not be limited to, aggregate and State-by-
103
State production data, and projections of mid-term and
long-term hard rock mineral production and trends on
public lands.
SEC. 411. SAVINGS CLAUSE.
(a) SPECIAL APPLICATION OF MINING LAWS.—Noth-
ing in this Act shall be construed as repealing or modify-
ing any Federal law, regulation, order or land use plan,
in effect prior to the effective date of this Act that pro-
hibits or restricts the application of the general mining
laws, including such laws that provide for special manage-
ment criteria for operations under the general mining laws
as in effect prior to the effective date of this Act, to the
extent such laws provide environmental protection greater
than required under this title.
(b) OTHER FEDERAL LAWS.—Nothing in this Act
shall be construed as superseding, modifying, amending
or repealing any provision of Federal law not expressly
superseded, modified, amended or repealed by this Act, in-
cluding but not necessarily limited to, all of the following
laws—
(1) the Clean Water Act (33 U.S.C. 1251 and
following);
(2) the Clean Air Act (42 U.S.C. 7401 and fol-
lowing);
104
(3) title IX of the Public Health Service Act
(the Safe Drinking Water Act (42 U.S.C. 300f and
following));
(4) the Endangered Species Act of 1973 (16
U.S.C. 1531 and following);
(5) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 and following);
(6) the Atomic Energy Act of 1954 (42 U.S.C.
2011 and following);
(7) the Uranium Mill Tailings Radiation Con-
trol Act (42 U.S.C. 7901 to 7942);
(8) the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 801 and following);
(9) the Solid Waste Disposal Act (42 U.S.C.
6901 and following);
(10) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 and following);
(11) the Act commonly known as the False
Claims Act (31 U.S.C. 3729 to 3731);
(12) the National Historic Preservation Act (16
U.S.C. 470 and following);
(13) the Migratory Bird Treaty Act (16 U.S.C.
706 and following); and
105
(14) the Forest and Rangeland Renewable Re-
sources Planning Act of 1974, as amended by the
National Forest Management Act of 1976.
(c) PROTECTION
OF CONSERVATION AREAS.—In
order to protect the resources and values of Denali Na-
tional Park and Preserve, and all other National Con-
servation System units, the Secretary of the Interior or
other appropriate Secretary shall utilize authority under
this Act and other applicable law to the fullest extent nec-
essary to prevent mineral activities within the boundaries
of such units that could have an adverse impact on the
resources or values of such units.
SEC. 412. AVAILABILITY OF PUBLIC RECORDS.
Copies of records, reports, inspection materials or in-
formation obtained by the Secretary under this Act shall
be made immediately available to the public, consistent
with section 552 of title 5 of the United States Code, in
central and sufficient locations in the county, multicounty,
and State area of mineral activity or reclamation so that
such items are conveniently available to residents in the
area proposed or approved for mineral activities or rec-
lamation.
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