(A) IN GENERAL.—If a proposed mineral 
activity would affect land not subject to this 
Act in addition to land subject to this Act, in 
order to approve a plan of operations, the Sec-
retary concerned shall enter into a cooperative 
agreement with the State that establishes a 
common regulatory framework consistent with 
the requirements of this Act for the purposes of 
such plan of operations. 
(B) AUTHORITY
OF
FEDERAL
GOVERN-
MENT.—Any common regulatory framework es-
tablished under subparagraph (A) may not ne-
gate the authority of the Federal Government 
to independently inspect mines and operations 
and bring enforcement actions for violations. 
(3) NOTICE AND PUBLIC COMMENT.—The Sec-
retary concerned may not enter into a cooperative 
agreement with a State under this section until after 
notice in the Federal Register and opportunity for 
public comment and hearing. 
(d) PRIOR AGREEMENTS.—Any cooperative agree-
ment between the Secretary concerned and a State, or po-
litical subdivision thereof, relating to the management of 
mineral activities on land subject to this Act that was in 
existence on the effective date of this Act may only con-
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tinue in force until 1 year after the effective date of this 
Act, during which such period the Secretary concerned 
and the State shall review the terms of such agreement 
or other understanding and make changes that are nec-
essary to be consistent with this Act. 
TITLE 
IV—ABANDONED 
HARDROCK MINE RECLAMA-
TION PROGRAM 
SEC. 
401. 
FUNDS 
CREDITED 
TO 
THE 
ABANDONED 
HARDROCK MINE RECLAMATION PROGRAM. 
(a) IN GENERAL.—The following amounts shall be 
made available to carry out, to remain available until ex-
pended without fiscal year limitation, the Abandoned 
Hardrock Mine Reclamation Program: 
(1) All moneys collected pursuant to sections 
502 and 506. 
(2) 
All 
fees 
received 
under 
section 
304(a)(1)(B). 
(3) All gifts contributed under subsection 
(b)(1). 
(4) All amounts deposited in the Abandoned 
Hardrock Mine Reclamation Program under title I. 
(5) All amounts displaced material reclamation 
fees paid under section 402. 
(b) DONATIONS.— 
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(1) ACCEPTANCE.—The Secretary may accept a 
gift of money, to remain available until expended 
without fiscal year limitation, to carry out the Aban-
doned Hardrock Mine Reclamation Program. 
(2) REJECTION.—The Secretary may reject a 
gift under paragraph (1) if such rejection is in the 
interest of the Federal Government. 
SEC. 402. DISPLACED MATERIAL RECLAMATION FEE. 
(a) IMPOSITION OF FEE.—Except as provided in sub-
section (g), each operator conducting mineral activities 
shall pay to the Secretary a displaced material reclamation 
fee of 7 cents per ton of displaced material. 
(b) PAYMENT DEADLINE.—An operator shall pay the 
reclamation fee required by subsection (a) with respect to 
each calendar year beginning with the first calendar year 
that begins after the effective date of this Act not later 
than March 1 of the succeeding year. 
(c) SUBMISSION
OF STATEMENT.—Each operator 
conducting mineral activities shall submit to the Secretary 
a statement of the amount of displaced material produced 
during mineral activities carried out during the preceding 
calendar year, the accuracy of which shall be sworn to by 
the operator and notarized. 
(d) CRIMINAL PENALTY.—Any corporate officer, 
agent, or director of an operator conducting mineral ac-
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tivities, and any other person acting on behalf of such a 
person, who knowingly makes any false statement, rep-
resentation, or certification, or knowingly fails to make 
any statement, representation, or certification required 
under this section with respect to such mineral activities 
shall, upon conviction, be punished by a fine of not more 
than $10,000 for deposit in the Abandoned Hardrock 
Mine Reclamation Program. 
(e) CIVIL ACTION TO RECOVER FEE.—Any portion 
of the reclamation fee required under subsection (a) that 
is not properly or promptly paid pursuant to this section 
shall be recoverable, with statutory interest, from the op-
erator, in any court of competent jurisdiction in any action 
at law to compel payment of debts. 
(f) EFFECT.—Nothing in this section requires a re-
duction in, or otherwise affects, any similar fee required 
under any law or regulation of any State. 
(g) EXEMPTION.—The fee under this section shall 
not apply for a small miner’s lease. 
TITLE V—ADDITIONAL 
PROVISIONS 
SEC. 501. POLICY FUNCTIONS. 
(a) MINERALS POLICY.—Section 101 of the Mining 
and Minerals Policy Act of 1970 (30 U.S.C. 21a) is 
amended— 
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(1) by inserting ‘‘and to ensure that mineral ex-
traction and processing do not cause unnecessary or 
undue degradation of the natural and cultural re-
sources of the public lands’’ after ‘‘activities’’; and 
(2) by adding at the end the following: ‘‘It shall 
also be the responsibility of the Secretary of Agri-
culture to carry out the policy provisions of para-
graphs (1) and (2) of this section.’’. 
(b) MINERAL DATA.—Section 5(e)(3) of the National 
Materials and Minerals Policy, Research and Development 
Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by insert-
ing before the period the following: ‘‘, except that for Na-
tional Forest System lands, the Secretary of Agriculture 
shall promptly initiate actions to improve the availability 
and analysis of mineral data in Federal land-use decision-
making’’. 
SEC. 502. USER FEES AND INFLATION ADJUSTMENT. 
(a) USER FEES.—The Secretary and the Secretary 
of Agriculture may each establish and collect from persons 
subject to the requirements of this Act such user fees as 
may be necessary to reimburse the United States for ex-
penses incurred in the administration of such require-
ments. Fees may be assessed and collected under this sec-
tion only in such manner as may reasonably be expected 
to result in an aggregate amount of the fees collected dur-
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ing any fiscal year which does not exceed the aggregate 
amount of administrative expenses referred to in this sec-
tion. 
(b) ADJUSTMENT OF USER FEES.— 
(1) INFLATION.—The Secretary shall adjust the 
user fees established by this section, and all claim 
maintenance fees, rental rates, penalty amounts, and 
other dollar amounts established in this Act, to re-
flect changes in the Consumer Price Index published 
by the Bureau of Labor Statistics of the Depart-
ment of Labor every 3 years after the effective date 
of this Act, or more frequently if the Secretary de-
termines an adjustment to be reasonable. 
(2) NOTICE.—The Secretary shall provide claim 
holders, license holders, and lease holders notice of 
any adjustment made under this subsection not later 
than July 1 of the year in which the adjustment is 
made. 
(3) APPLICABILITY.—A fee adjustment under 
this subsection shall begin to apply the calendar year 
following the calendar year in which it is made. 
SEC. 503. INSPECTION AND MONITORING. 
(a) INSPECTIONS.— 
(1) IN
GENERAL.—The Secretary concerned 
shall conduct inspections of mineral activities so as 
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to ensure compliance with the requirements of this 
Act. 
(2) FREQUENCY.— 
(A) IN
GENERAL.—The Secretary con-
cerned shall establish a frequency of inspections 
for mineral activities conducted under a permit 
issued under title III, but in no event shall such 
inspection frequency be less than 1 complete in-
spection per calendar quarter or, in the case of 
a permit for which the Secretary concerned ap-
proves an application under section 304(f), 2 
per calendar quarter. 
(B) FREQUENCY AFTER REVEGETATION.— 
After revegetation has been completed in ac-
cordance with a reclamation plan, the Secretary 
concerned shall conduct 2 complete inspections 
annually. 
(C) SEASONAL MINERAL ACTIVITIES.—The 
Secretary concerned may modify the inspection 
frequency for mineral activities that are con-
ducted on a seasonal basis. 
(D) TERMINATION.—Inspections shall con-
tinue under this subsection until final release of 
financial assurance. 
(3) BY REQUEST.— 
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(A) IN GENERAL.—Any person that has 
reason to believe such person is or may be ad-
versely affected by mineral activities due to any 
violation of the requirements of a permit ap-
proved under this Act may request an inspec-
tion under this section of such mineral activi-
ties. 
(B) REVIEW PERIOD.—Not later than 30 
business days after the date the Secretary con-
cerned receives a request under subparagraph 
(A), the Secretary concerned shall determine 
whether the request states a reason to believe 
that a violation exists. 
(C) IMMINENT THREAT.—If, in a request 
submitted under subparagraph (A), a person al-
leges and provides reason to believe that an im-
minent threat to the environment or danger to 
the health or safety of the public exists, sub-
paragraph (B) shall not apply and the inspec-
tion shall be conducted immediately. 
(D) NOTIFICATION.—The Secretary con-
cerned shall notify the person that submitted a 
request under subparagraph (A) when an in-
spection is conducted pursuant to such request, 
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and such person may accompany the Secretary 
concerned during the inspection. 
(E) LIABILITY.—The Secretary concerned 
shall not incur any liability for granting a re-
quest to allow any person to accompany such 
Secretary concerned under subparagraph (D). 
(F) ANONYMITY.—If a person that sub-
mits a request under subparagraph (A) or (C) 
requests that the identity of such person remain 
confidential, the Secretary concerned shall keep 
such information confidential unless such per-
son accompanies the Secretary concerned dur-
ing the inspection under subparagraph (D). 
(G) PROCEDURES.—The Secretary and the 
Secretary of Agriculture shall jointly issue regu-
lations to establish procedures for the review 
of— 
(i) any decision by an authorized rep-
resentative of such Secretaries not to carry 
out an inspection under this paragraph; or 
(ii) any refusal by such authorized 
representative to ensure that remedial ac-
tions are taken with respect to any alleged 
violation. 
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(H) WRITTEN
STATEMENT.—The Sec-
retary concerned shall give a person that sub-
mits a request under subparagraph (A) a writ-
ten statement of the reasons for the final dis-
position of the request. 
(b) MONITORING.— 
(1) MONITORING SYSTEM.— 
(A) IN
GENERAL.—The Secretary con-
cerned shall require all operators to develop and 
maintain a monitoring and evaluation system 
that shall identify compliance with all require-
ments of a permit issued under this Act. 
(B) ADDITIONAL MONITORING.—The Sec-
retary concerned may require an operator to 
conduct additional monitoring as necessary to 
ensure compliance with the reclamation and 
other environmental standards of this Act. Such 
monitoring and evaluation system described in 
subparagraph (A) and any additional moni-
toring required by this subparagraph is subject 
to the approval of the Secretary. 
(2) REPORTING REQUIREMENTS.— 
(A) IN GENERAL.—An operator shall file 
reports with the Secretary concerned, on a fre-
quency and containing such information as de-
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termined by the Secretary concerned, regarding 
the results of the monitoring and evaluation 
system, except that if the monitoring and eval-
uation system shows a violation of the require-
ments of a permit issued under this Act, the 
operator shall immediately report such violation 
to the Secretary concerned. 
(B) ENFORCEMENT.—The Secretary con-
cerned shall evaluate the reports submitted pur-
suant to this paragraph, and, based on such re-
ports and any necessary inspection, shall take 
enforcement action pursuant to section 506. 
(C) MAINTENANCE
OF
REPORTS; AVAIL-
ABILITY TO PUBLIC.—The Secretary concerned 
and each operator shall both maintain each re-
port submitted by such operator under this 
paragraph and make each such report available 
to the public. 
(3) FAILURE TO REPORT.—If an operator fails 
to file a report as required under this section such 
failure shall constitute a violation of this Act and 
subject the operator to enforcement action pursuant 
to section 506. 
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