(3) Require by subpoena the attendance and 
testimony of witnesses and the production of all 
books, papers, records, documents, matter, and ma-
terials, as such Secretary may request. 
(4) Order testimony to be taken by deposition 
before any person who is designated by such Sec-
retary and who has the power to administer oaths, 
and to compel testimony and the production of evi-
dence in the same manner as authorized under para-
graph (3) of this subsection. 
(5) Pay witnesses the same fees and mileage as 
are paid in like circumstances in the courts of the 
United States. 
(c) ENFORCEMENT.—In cases of refusal to obey a 
subpoena served upon any person under this section, the 
district court of the United States for any district in which 
such person is found, resides, or transacts business, upon 
application by the Attorney General at the request of the 
Secretary concerned and after notice to such person, shall 
have jurisdiction to issue an order requiring such person 
to appear and produce documents before the Secretary 
concerned. Any failure to obey such order of the court may 
be punished by such court as contempt thereof and subject 
to a penalty of up to $10,000 a day. 
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100 
(d) ENTRY AND ACCESS.—Without advance notice 
and upon presentation of appropriate credentials, the Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, or any authorized representative thereof— 
(1) shall have the right of entry to, upon, or 
through the site of any claim, mineral activities, or 
any premises in which any records required to be 
maintained under this title are located; 
(2) may at reasonable times, and without delay, 
have access to records, inspect any monitoring 
equipment, or review any method of operation re-
quired under this title; 
(3) may engage in any work and do all things 
necessary or expedient to implement and administer 
the provisions of this title; 
(4) may, on any mining claim located under the 
general mining laws and maintained in compliance 
with this title, and without advance notice, stop, and 
inspect any motorized form of transportation that 
such Secretary has probable cause to believe is car-
rying locatable minerals, concentrates, or products 
derived therefrom from a claim site for the purpose 
of determining whether the operator of such vehicle 
has documentation related to such locatable min-
erals, concentrates, or products derived therefrom as 
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required by law, if such documentation is required 
under this title; and 
(5) may, if accompanied by any appropriate law 
enforcement officer, or an appropriate law enforce-
ment officer alone, stop and inspect any motorized 
form of transportation which is not on a claim site 
if he or she has probable cause to believe such vehi-
cle is carrying locatable minerals, concentrates, or 
products derived therefrom from a claim site on 
Federal lands or allocated to such claim site. Such 
inspection shall be for the purpose of determining 
whether the operator of such vehicle has the docu-
mentation required by law, if such documentation is 
required under this title. 
SEC. 553. MULTIPLE MINERAL DEVELOPMENT AND SUR-
FACE RESOURCES. 
The provisions of sections 4 and 6 of the Act of Au-
gust 13, 1954 (30 U.S.C. 524 and 526), commonly known 
as the Multiple Minerals Development Act, and the provi-
sions of section 4 of the Act of July 23, 1955 (30 U.S.C. 
612), shall apply to all mining claims located under the 
general mining laws and maintained in compliance with 
such laws and this title. 
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102 
SEC. 554. MINERAL MATERIALS. 
(a) DETERMINATIONS.—Section 3 of the Act of July 
23, 1955 (30 U.S.C. 611), is amended— 
(1) by inserting ‘‘(a)’’ before the first sentence; 
(2) by inserting ‘‘mineral materials, including’’ 
after ‘‘varieties of’’ in the first sentence; 
(3) by striking ‘‘or cinders’’ and inserting in 
lieu thereof ‘‘cinders, and clay’’; and 
(4) by adding the following new subsection at 
the end thereof: 
‘‘(b)(1) Subject to valid existing rights, after the date 
of enactment of the Hardrock Mining Reform and Deficit 
Reduction Act of 2011, notwithstanding the reference to 
common varieties in subsection (a) and to the exception 
to such term relating to a deposit of materials with some 
property giving it distinct and special value, all deposits 
of mineral materials referred to in such subsection, includ-
ing the block pumice referred to in such subsection, shall 
be subject to disposal only 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— 
‘‘(A) had and still has some property giving it 
the distinct and special value referred to in sub-
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section (a), or as the case may be, met the definition 
of block pumice referred to in such subsection; 
‘‘(B) was properly located and maintained 
under the general mining laws prior to the date of 
enactment of the Hardrock Mining Reform and Def-
icit Reduction Act of 2011; 
‘‘(C) was supported by a discovery of a valuable 
mineral deposit within the meaning of the general 
mining laws as in effect immediately prior to the 
date of enactment of the Hardrock Mining Reform 
and Deficit Reduction Act of 2011; and 
‘‘(D) that such claim continues to be valid 
under this Act.’’. 
(b) MINERAL
MATERIALS
DISPOSAL
CLARIFICA-
TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C. 
612), is amended— 
(1) in subsection (b) by inserting ‘‘and mineral 
material’’ after ‘‘vegetative’’; and 
(2) in subsection (c) by inserting ‘‘and mineral 
material’’ 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 et seq.) is amended by striking 
‘‘common varieties of’’ in the first sentence. 
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104 
(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 et seq.) is amended by inserting 
after section 4 the following new section: 
‘‘SEC. 5. This Act may be cited as the ‘Materials Act 
of 1947’.’’. 
(e) REPEALS.— 
(1) Subject to valid existing rights, the Act of 
August 4, 1892 (27 Stat. 348, 30 U.S.C. 161), com-
monly known as the Building Stone Act, is hereby 
repealed. 
(2) Subject to valid existing rights, the Act of 
January 31, 1901 (30 U.S.C. 162), commonly 
known as the Saline Placer Act, is hereby repealed. 
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105 
TITLE VI—ABANDONED MINE 
RECLAMATION 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Abandoned Mine Rec-
lamation and Deficit Reduction Act of 2011’’. 
SEC. 602. DEFINITIONS AND REFERENCES. 
(a) IN GENERAL.—As used in this title: 
(1) The term ‘‘beneficiation’’ means the crush-
ing and grinding of hardrock mineral ore and such 
processes as are employed to free the mineral from 
other constituents, including but not necessarily lim-
ited to, physical and chemical separation techniques. 
(2) The term ‘‘claim holder’’ means a person 
holding a mining claim, millsite claim, or tunnel site 
claim located under the general mining laws and 
maintained in compliance with such laws and this 
title. Such term may include an agent of a claim 
holder. 
(3) The term ‘‘control’’ means having the abil-
ity, directly or indirectly, to determine (without re-
gard to whether exercised through one or more cor-
porate structures) the manner in which an entity 
conducts mineral activities, through any means, in-
cluding without limitation, ownership interest, au-
thority to commit the entity’s real or financial as-
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sets, position as a director, officer, or partner of the 
entity, or contractual arrangement. 
(4) The term ‘‘crude ore’’ means ore in its un-
processed form, containing profitable amounts of the 
target mineral. 
(5) The term ‘‘displaced material’’ means any 
crude ore and waste dislodged from its location at 
the time hardrock mining begins at surface, under-
ground, or in-situ mines. 
(6) The term ‘‘exploration’’ means surface dis-
turbance to evaluate the type, extent, quantity, or 
quality of minerals present including sampling, drill-
ing, and analyzing hardrock mineral values. 
(7) The term ‘‘Federal land’’ means any land, 
including mineral interests, owned by the United 
States without regard to how the United States ac-
quired ownership of the land and without regard to 
the agency having responsibility for management 
thereof, except Indian lands. 
(8) The term ‘‘hardrock’’ means any mineral 
mined under the 1872 Mining Law (30 U.S.C. 22– 
54), and with respect to State, Indian, and private 
lands, any minerals on those lands that would be 
considered hardrock minerals if such minerals had 
been mined under the 1872 Mining Law: Provided, 
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however, That if subsequent to the date of enact-
ment of this Act, any minerals mined under the 
1872 Mining Law are transferred from the require-
ments of the 1872 Mining Law to different statutory 
requirements, those minerals so transferred will con-
tinue to be subject to the provisions of this title. 
(9) The term ‘‘hardrock mining operation’’ 
means any activities or operations conducted to mine 
minerals under the 1872 Mining Law (30 U.S.C. 
22–54), and, with respect to State, Indian, and pri-
vate lands, any activities or operations conducted on 
such lands to mine minerals that would be consid-
ered hardrock minerals if such minerals had been 
mined under the 1872 Mining Law: Provided, how-
ever, That if subsequent to the date of enactment of 
this Act, any minerals mined under the 1872 Mining 
Law are transferred from the requirements of the 
1872 Mining Law to different statutory require-
ments, those activities or operations conducted on 
lands to mine those minerals so transferred will con-
tinue to be subject to the provisions of this title. 
(10) The term ‘‘Indian lands’’ means lands held 
in trust for the benefit of an Indian tribe or indi-
vidual or held by an Indian tribe or individual sub-
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ject to a restriction by the United States against 
alienation. 
(11) The term ‘‘Indian tribe’’ means any Indian 
tribe, band, nation, pueblo, or other organized group 
or community, including any Alaska Native village 
or regional corporation as defined in or established 
pursuant to the Alaska Native Claims Settlement 
Act (43 U.S.C. 1601 et seq.), that is recognized as 
eligible for the special programs and services pro-
vided by the United States to Indians because of 
their status as Indians. 
(12) The term ‘‘mineral activities’’ means any 
activity on a mining claim, millsite claim, or tunnel 
site claim for, related to, or incidental to, mineral 
exploration, mining, beneficiation, processing, or rec-
lamation activities for any hardrock mineral. 
(13) The term ‘‘operator’’ means any person 
that conducts mineral activities and any agent of 
such person. 
(14) The term ‘‘person’’ means an individual, 
Indian tribe, partnership, association, society, joint 
venture, joint stock company, firm, company, cor-
poration, cooperative, or other organization and any 
instrumentality of State or local government includ-
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ing any publicly owned utility or publicly owned cor-
poration of State or local government. 
(15) The term ‘‘processing’’ means processes 
downstream of beneficiation employed to prepare 
hardrock mineral ore into the final marketable prod-
uct, including but not limited to smelting and elec-
trolytic refining. 
(16) The term ‘‘Secretary’’ means the Secretary 
of the Interior, unless otherwise specified. 
(17) The term ‘‘ton’’ means 2,000 pounds av-
oirdupois (.90718 metric ton). 
(18) The term ‘‘waste’’ means rock that must 
be fractured and removed in order to gain access to 
crude ore. 
(b) REFERENCES TO OTHER LAWS.—(1) Any ref-
erence in this title to the term ‘‘general mining laws’’ is 
a reference to those Acts that generally comprise chapters 
2, 12A, and 16, and sections 161 and 162, of title 30, 
United States Code. 
(2) Any reference in this title to the Act of July 23, 
1955, is a reference to the Act 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 et seq.). 
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