TITLE 
I—MINERAL 
EXPLO-
RATION AND DEVELOPMENT 
SEC. 101. LIMITATION ON PATENTS. 
(a) MINING CLAIMS.— 
(1) DETERMINATIONS
REQUIRED.—After the 
date of enactment of this Act, no patent shall be 
issued by the United States for any mining claim lo-
cated under the general mining laws unless the Sec-
retary determines that, for the claim concerned— 
(A) a patent application was filed with the 
Secretary on or before September 30, 1994; 
and 
(B) all requirements established under sec-
tions 2325 and 2326 of the Revised Statutes 
(30 U.S.C. 29 and 30) for vein or lode claims 
and sections 2329, 2330, 2331, and 2333 of 
the Revised Statutes (30 U.S.C. 35, 36, and 
37) for placer claims were fully complied with 
by that date, including the parameters set forth 
in section 2(a)(10) of this Act. 
(2) RIGHT TO PATENT.—If the Secretary makes 
the determinations referred to in subparagraphs (A) 
and (B) of paragraph (1) for any mining claim, the 
holder of the claim shall be entitled to the issuance 
of a patent in the same manner and degree to which 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
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determinations are withdrawn or invalidated by the 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) MILLSITE CLAIMS.— 
(1) DETERMINATIONS
REQUIRED.—After the 
date of enactment of this Act, no patent shall be 
issued by the United States for any millsite claim lo-
cated under the general mining laws unless the Sec-
retary determines that for the millsite concerned— 
(A) a patent application for such land was 
filed with the Secretary on or before September 
30, 1994; and 
(B) all requirements applicable to such 
patent application were fully complied with by 
that date. 
(2) RIGHT TO PATENT.—If the Secretary makes 
the determinations referred to in subparagraphs (A) 
and (B) of paragraph (1) for any millsite claim, the 
holder of the claim shall be entitled to the issuance 
of a patent in the same manner and degree to which 
such claim holder would have been entitled to prior 
to the enactment of this Act, unless and until such 
determinations are withdrawn or invalidated by the 
Secretary or by a court of the United States. 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
SEC. 102. ROYALTY. 
(a) RESERVATION OF ROYALTY.— 
(1) IN GENERAL.—Production of all locatable 
minerals from any mining claim located under the 
general mining laws and maintained in compliance 
with this Act, or mineral concentrates or products 
derived from locatable minerals from any such min-
ing claim, as the case may be, shall be subject to a 
royalty of 8 percent of the net smelter return from 
such production. The claim holder and any operator 
to whom the claim holder has assigned the obligation 
to make royalty payments under the claim and any 
person who controls such claim holder or operator 
shall be jointly and severally liable for payment of 
such royalties. 
(2) DEPOSIT.—Of the amounts received by the 
United States as royalties under this subsection— 
(A) 2⁄3 shall be deposited into the account 
established under section 401; and 
(B) 1⁄3 shall be deposited into the account 
established under section 421. 
(b) DUTIES OF CLAIM HOLDERS, OPERATORS, AND 
TRANSPORTERS.—(1) A person— 
(A) who is required to make any royalty pay-
ment under this section shall make such payments 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
to the United States at such times and in such man-
ner as the Secretary may by rule prescribe; and 
(B) shall notify the Secretary, in the time and 
manner as may be specified by the Secretary, of any 
assignment that such person may have made of the 
obligation to make any royalty or other payment 
under a mining claim. 
(2) Any person paying royalties under this section 
shall file a written instrument, together with the first roy-
alty payment, affirming that such person is liable to the 
Secretary for making proper payments for all amounts due 
for all time periods for which such person has a payment 
responsibility. Such liability for the period referred to in 
the preceding sentence shall include any and all additional 
amounts billed by the Secretary and determined to be due 
by final agency or judicial action. Any person liable for 
royalty payments under this section who assigns any pay-
ment obligation shall remain jointly and severally liable 
for all royalty payments due for the claim for the period. 
(3) A person conducting mineral activities shall— 
(A) develop and comply with the site security 
provisions in operations permit designed to protect 
from theft the locatable minerals, concentrates or 
products derived therefrom which are produced or 
stored on a mining claim, and such provisions shall 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
conform with such minimum standards as the Sec-
retary may prescribe by rule, taking into account the 
variety of circumstances on mining claims; and 
(B) not later than the 5th business day after 
production begins anywhere on a mining claim, or 
production resumes after more than 90 days after 
production was suspended, notify the Secretary, in 
the manner prescribed by the Secretary, of the date 
on which such production has begun or resumed. 
(4) The Secretary may by rule require any person en-
gaged in transporting a locatable mineral, concentrate, or 
product derived therefrom to carry on his or her person, 
in his or her vehicle, or in his or her immediate control, 
documentation showing, at a minimum, the amount, ori-
gin, and intended destination of the locatable mineral, con-
centrate, or product derived therefrom in such cir-
cumstances as the Secretary determines is appropriate. 
(c) RECORDKEEPING
AND REPORTING REQUIRE-
MENTS.—(1) A claim holder, operator, or other person di-
rectly involved in developing, producing, processing, trans-
porting, purchasing, or selling locatable minerals, con-
centrates, or products derived therefrom, subject to this 
Act, through the point of royalty computation shall estab-
lish and maintain any records, make any reports, and pro-
vide any information that the Secretary may reasonably 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
require for the purposes of implementing this section or 
determining compliance with rules or orders under this 
section. Such records shall include, but not be limited to, 
periodic reports, records, documents, and other data. Such 
reports may also include, but not be limited to, pertinent 
technical and financial data relating to the quantity, qual-
ity, composition volume, weight, and assay of all minerals 
extracted from the mining claim. Upon the request of any 
officer or employee duly designated by the Secretary or 
any State conducting an audit or investigation pursuant 
to this section, the appropriate records, reports, or infor-
mation that may be required by this section shall be made 
available for inspection and duplication by such officer or 
employee or State. Failure by a claim holder, operator, 
or other person referred to in the first sentence to cooper-
ate with such an audit, provide data required by the Sec-
retary, or grant access to information may, at the discre-
tion of the Secretary, result in involuntary forfeiture of 
the claim. 
(2) Records required by the Secretary under this sec-
tion shall be maintained for 10 years after release of fi-
nancial assurance under section 305 unless the Secretary 
notifies the operator that the Secretary has initiated an 
audit or investigation involving such records and that such 
records must be maintained for a longer period. In any 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
case when an audit or investigation is underway, records 
shall be maintained until the Secretary releases the oper-
ator of the obligation to maintain such records. 
(d) AUDITS.—The Secretary is authorized to conduct 
such audits of all claim holders, operators, transporters, 
purchasers, processors, or other persons directly or indi-
rectly involved in the production or sales of minerals cov-
ered by this Act, as the Secretary deems necessary for the 
purposes 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 any provision 
of this section by any person. 
(e) COOPERATIVE AGREEMENTS.—(1) The Secretary 
is authorized to enter into cooperative agreements with the 
Secretary of Agriculture to share information concerning 
the royalty management of locatable minerals, con-
centrates, or products derived therefrom, to carry out in-
spection, auditing, investigation, or enforcement (not in-
cluding the collection of royalties, civil or criminal pen-
alties, or other payments) activities under this section in 
cooperation with the Secretary, and to carry out any other 
activity described in this section. 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
(2) Except as provided in paragraph (3)(A) of this 
subsection (relating to trade secrets), and pursuant to a 
cooperative agreement, the Secretary of Agriculture shall, 
upon request, have access to all royalty accounting infor-
mation in the possession of the Secretary respecting the 
production, removal, or sale of locatable minerals, con-
centrates, or products derived therefrom from claims on 
lands open to location under this Act. 
(3) Trade secrets, proprietary, and other confidential 
information protected from disclosure under section 552 
of title 5, United States Code, popularly known as the 
Freedom of Information Act, shall be made available by 
the Secretary to other Federal agencies as necessary to 
assure compliance with this Act and other Federal laws. 
The Secretary, the Secretary of Agriculture, the Adminis-
trator of the Environmental Protection Agency, and other 
Federal officials shall ensure that such information is pro-
vided protection in accordance with the requirements of 
that section. 
(f) INTEREST AND SUBSTANTIAL UNDERREPORTING 
ASSESSMENTS.—(1) In the case of mining claims where 
royalty payments are not received by the Secretary on the 
date that such payments are due, the Secretary shall 
charge interest on such underpayments at the same inter-
est rate as the rate applicable under section 6621(a)(2) 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
of the Internal Revenue Code of 1986. In the case of an 
underpayment, interest shall be computed and charged 
only on the amount of the deficiency and not on the total 
amount. 
(2) If there is any underreporting of royalty owed on 
production from a claim for any production month by any 
person liable for royalty payments under this section, the 
Secretary shall assess a penalty of not greater than 25 
percent of the amount of that underreporting. 
(3) For the purposes of this subsection, the term 
‘‘underreporting’’ means the difference between the roy-
alty on the value of the production that should have been 
reported and the royalty on the value of the production 
which was reported, if the value that should have been 
reported is greater than the value that was reported. An 
underreporting constitutes a ‘‘substantial underreporting’’ 
if such difference exceeds 10 percent of the royalty on the 
value of production that should have been reported. 
(4) The Secretary may waive or reduce the assess-
ment provided in paragraph (2) of this subsection if the 
person liable for royalty payments under this section cor-
rects the underreporting before the date such person re-
ceives notice from the Secretary that an underreporting 
may have occurred, or before 90 days after the date of 
the enactment of this section, whichever is later. 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
(5) The Secretary shall waive any portion of an as-
sessment under paragraph (2) of this subsection attrib-
utable to that portion of the underreporting for which the 
person responsible for paying the royalty demonstrates 
that— 
(A) such person had written authorization from 
the Secretary to report royalty on the value of the 
production on basis on which it was reported, 
(B) such person had substantial authority for 
reporting royalty on the value of the production on 
the basis on which it was reported, 
(C) such person previously had notified the Sec-
retary, in such manner as the Secretary may by rule 
prescribe, of relevant reasons or facts affecting the 
royalty treatment of specific production which led to 
the underreporting, or 
(D) such person meets any other exception 
which the Secretary may, by rule, establish. 
(6) All penalties collected under this subsection shall 
be deposited in the Abandoned Locatable Minerals Mine 
Reclamation Fund established under title IV. 
(g) DELEGATION.—For the purposes of this section, 
the term ‘‘Secretary’’ means the Secretary of the Interior 
acting through the Director of the Minerals Management 
Service. 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
(h) EXPANDED ROYALTY OBLIGATIONS.—Each per-
son liable for royalty payments under this section shall 
be jointly and severally liable for royalty on all locatable 
minerals, concentrates, or products derived therefrom lost 
or wasted from a mining claim located under the general 
mining laws and maintained in compliance with this Act 
when such loss or waste is due to negligence on the part 
of any person or due to the failure to comply with any 
rule, regulation, or order issued under this section. 
(i) NET SMELTER RETURN DEFINED.—For the pur-
poses of this section, for any locatable mineral, the term 
‘‘net smelter return’’ has the same meaning as the term 
‘‘gross income’’ in section 613(c)(1) of the Internal Rev-
enue Code of 1986. 
(j) EFFECTIVE DATE.—The royalty under this sec-
tion shall take effect with respect to the production of 
locatable minerals after the enactment of this Act, but any 
royalty payments attributable to production during the 
first 12 calendar months after the enactment of this Act 
shall be payable at the expiration of such 12-month period. 
(k) FAILURE TO COMPLY WITH ROYALTY REQUIRE-
MENTS.—Any person who fails to comply with the require-
ments of this section or any regulation or order issued to 
implement this section shall be liable for a civil penalty 
under section 109 of the Federal Oil and Gas Royalty 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
Management Act (30 U.S.C. 1719) to the same extent as 
if the claim located under the general mining laws and 
maintained in compliance with this Act were a lease under 
that Act. 
TITLE II—PROTECTION OF 
SPECIAL PLACES 
SEC. 201. LANDS OPEN TO LOCATION. 
(a) LANDS OPEN TO LOCATION.—Except as provided 
in subsection (b), mining claims may be located under the 
general mining laws on— 
(1) such lands and interests as were open to the 
location of mining claims under the general mining 
laws immediately before the enactment of this Act; 
or 
(2) such lands and interests as are opened to 
the location of mining claims on or after the date of 
enactment of this Act by reason of any administra-
tive action or statute. 
(b) LANDS NOT OPEN
TO LOCATION.—Notwith-
standing any other provision of law and subject to valid 
existing rights, each of the following shall not be open to 
the location of mining claims under the general mining 
laws on or after the date of enactment of this Act: 
(1) Lands recommended for wilderness designa-
tion by the agency managing the surface, pending a 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
final determination by the Congress of the status of 
such recommended lands, or otherwise being man-
aged as roadless areas under an applicable land use 
plan. 
(2) Lands being managed by the Secretary, act-
ing through Bureau of Land Management, as wil-
derness study areas or National Monuments 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 that are— 
(A) in designated Wild and Scenic Rivers 
and under study for inclusion in the National 
Wild and Scenic River System pursuant to sec-
tion 5(a) of the Wild and Scenic Rivers Act (16 
U.S.C. 1276(a)), pending a final determination 
by the Congress of the status of such lands; 
(B) determined by a Federal agency under 
section 5(d) of such Act (16 U.S.C. 1276(d)) to 
be eligible for inclusion in such system, pending 
a final determination by the Congress of the 
status of such lands; or 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
(C) designated Wild and Scenic Rivers that 
have been withdrawn from mineral entry by ac-
tion of the Secretary of the Interior. 
(4) Lands withdrawn or segregated from min-
eral entry under authority of other law. 
(5) Lands designated as Areas of Critical Envi-
ronmental Concern. 
(6) Lands identified as ‘‘sacred sites’’ in ac-
cordance with Executive Order 13007. 
(7) Lands identified in the Roadless Area Con-
servation Rule of January 2001. 
TITLE 
III—ENVIRONMENTAL 
CONSIDERATIONS 
OF 
MIN-
ERAL EXPLORATION AND DE-
VELOPMENT 
SEC. 301. ENVIRONMENTAL PROTECTION STANDARDS. 
Notwithstanding section 302(b) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1732(b)), 
the first section of the Act of June 4, 1897 (chapter 2; 
30 Stat. 36 16 U.S.C. 478), and the National Forest Man-
agement Act of 1976 (16 U.S.C. 1600 et seq.), and in 
accordance with this title and applicable law, the Sec-
retary— 
(1) shall require that mineral activities on min-
ing claims, millsite claims, or tunnel site claims con-
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
ducted by any person shall protect the environment, 
public health, and public safety from undue degrada-
tion; and 
(2) shall assure that mineral activities on min-
ing claims, millsite claims, or tunnel site claims are 
conducted in a manner that recognizes the value of 
such lands for other uses, including but not limited 
to recreation, wildlife habitat, and water supply. 
SEC. 302. PERMITS. 
(a) PERMITS REQUIRED.—No person may engage in 
mineral activities on lands on which mining claims may 
be located under section 201 that may cause a disturbance 
of surface resources, including but not limited to land, air, 
ground water and surface water, and fish and wildlife, un-
less— 
(1) the claim was properly located under the 
general mining laws and maintained in compliance 
with such laws and this Act; and 
(2) a permit was issued to such person under 
this title authorizing such activities. 
(b) NEGLIGIBLE DISTURBANCE.—Notwithstanding 
subsection (a)(2), a permit under this title shall not be 
required for mineral activities that are a casual use of the 
public lands, including the collection of geochemical, rock, 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
soil, or mineral specimens using hand tools; and hand pan-
ning. Casual use does not include— 
(1) the use of mechanized earth moving equip-
ment, suction dredging, or explosives; 
(2) the use of motor vehicles in areas closed to 
off-road vehicles; and 
(3) the construction of roads, drill pads, or the 
use of toxic or hazardous materials. 
SEC. 303. OPERATIONS PERMIT. 
(a) OPERATIONS PERMIT.—Any claim holder that is 
in compliance with the general mining laws and section 
10101 of Public Law 103–66 (30 U.S.C. 28f) may apply 
to the Secretary, or for National Forest System lands, the 
Secretary of Agriculture, for an operations permit author-
izing the claim holder to carry out mineral activities on 
any mining claim, millsite claim, or tunnel site claim for 
any activity greater than casual use (as that term is used 
in section 302(b)). If the Secretary decides to issue such 
permit, the permit shall include such terms and conditions 
as prescribed by such Secretary to carry out this title. 
(b) PERMIT APPLICATION REQUIREMENTS.—An ap-
plication for an operations permit under this section shall 
be submitted in a manner satisfactory to the Secretary 
concerned and shall contain site characterization data, an 
operations plan, a reclamation plan, monitoring plans, 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
long-term maintenance plans, to the extent necessary, and 
such documentation as necessary to ensure compliance 
with applicable Federal and State environmental laws and 
regulations. If the proposed mineral activities will be car-
ried out in conjunction with mineral activities on adjacent 
non-Federal lands, information on the location and nature 
of such operations may be required by the Secretary. At 
a minimum, each of the following shall be required for all 
applications: 
(1) An identification of the mining claims that 
will be subject to the plan of operations. 
(2) The name, mailing address, and social secu-
rity number or tax identification number, as applica-
ble, of each of the following: 
(A) The applicant for the permit and any 
agent of the applicant. 
(B) The operator (if different than the ap-
plicant) of the claim concerned. 
(C) Each claim holder (if different than 
the applicant) of the claim concerned. 
(D) Each affiliate and each officer or di-
rector of the applicant and of the operator. 
(3) A statement of whether the applicant or op-
erator, or any subsidiary, affiliate, or person con-
trolled by or under common control with the appli-
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
cant or operator, is currently in violation of, or was, 
during the 5-year period preceding the date of appli-
cation, found to be in violation of any of the fol-
lowing and if so, a brief explanation of the facts in-
volved, including identification of the site and the 
nature of the violation: 
(A) Any provision of this Act or any regu-
lation under this Act. 
(B) Any applicable Federal or State toxic 
substance, solid waste, air, water quality, rec-
lamation, or fish and wildlife conservation law 
or regulation at any site where mining, 
beneficiation, or processing activities are occur-
ring or have occurred. 
(C) The Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1201 and fol-
lowing) or the Mineral Leasing Act (30 U.S.C. 
181 and following) or any regulation under 
those Acts at any site where mining operations 
have occurred or are occurring. 
(4) A statement of whether the applicant or op-
erator, and any subsidiary, affiliate, or person con-
trolled by or under common control with the appli-
cant or operator, has ever held a Federal or State 
mining permit that has been suspended or revoked 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
or has had a mining bond or similar security depos-
ited in lieu of bond forfeited and, if so, a brief expla-
nation of the facts involved. 
(5) A statement of any current or previous per-
mits or plans of operations issued under the Surface 
Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1201 and following) or the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1701 and following). 
(6) 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. 
(7) The anticipated starting and termination 
dates of each phase of the mineral activities pro-
posed, including any planned temporary cessation of 
operations. 
(8) Accurate maps, to an appropriate scale, 
clearly showing the lands, watersheds, and surface 
waters, to be affected by the proposed mineral activi-
ties; surface and mineral ownership; facilities, in-
cluding roads and other man-made structures; pro-
posed disturbances; soils and vegetation; topography; 
and water supply intakes and surface water bodies. 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
(9) A description of the biological resources in 
or associated with the area subject to or potentially 
impacted by planned mineral activities, including 
vegetation, fish and wildlife, and riparian and wet-
land habitats. 
(10) 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 proc-
essing materials; or maintenance of all facilities in a 
condition that is not harmful to fish and wildlife. 
(11) A description of the quantity and quality 
of surface and ground water resources in or associ-
ated with the area subject to mineral activities, 
based on predisturbance monitoring sufficient to es-
tablish seasonal variations. 
(12) An analysis of the potential hydrologic 
consequences of the mineral activities, both on and 
off the area subject to mineral activities, with re-
spect to the hydrologic regime, quantity and quality 
of water in surface and ground water systems in-
cluding the dissolved and suspended solids under 
seasonal flow conditions, and the collection of suffi-
cient data for the mine site and surrounding areas 
so that an assessment can be made by the Secretary 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
regarding the possible cumulative impacts of the an-
ticipated mineral activities in the area upon the hy-
drology of the area and particularly upon water 
availability and quality. To the extent that this anal-
ysis relies on hydrologic or other modeling, the mod-
els used shall be approved by the Secretary for ap-
plication at the site. Such a model may not be ap-
proved if it is considered proprietary and therefore 
unavailable for public review. In describing the po-
tential impacts of mineral activities, the applicant 
shall include information on the range of predicted 
impacts, the key factors in any sensitivity analyses 
undertaken, and the probabilities of various out-
comes, to the extent such information is available. 
(13) A description of the monitoring and re-
porting systems to be used to detect and determine 
whether compliance has and is occurring consistent 
with the environmental protection requirements and 
with predicted outcomes, including the type and lo-
cation of monitoring devices, sampling parameters 
and frequency, detection limits, analytical methods, 
reporting procedures, and procedures to respond to 
reporting results, that will monitor the effects of 
mineral activities on the site and surrounding envi-
ronment, including but not limited to, ground water, 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
surface water, wetlands, air, soils, and fish and wild-
life resources. 
(14) Accident contingency plans that include, 
but are not limited to, immediate response strategies 
and corrective measures to protect public safety and 
prevent adverse environmental impacts, and appro-
priate insurance to cover accident contingencies. 
(15) Any measures to comply with any condi-
tions on minerals activities that are required in the 
applicable land use plan. 
(16) Information determined necessary by the 
Secretary to assess the cumulative impacts of min-
eral activities, as required to comply with the Na-
tional Environmental Policy Act of 1969, if impacts 
of the proposed mineral activities are additions to 
the impacts associated with other mineral activities. 
(17) Such other environmental baseline data as 
the Secretaries, by joint regulation, shall require suf-
ficient to validate the determinations required for 
issuance of a permit under this Act. 
(18) Evidence of appropriate financial assur-
ance as specified in section 305. 
(19) A description of the site security provisions 
designed to protect from theft the locatable min-
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS
erals, concentrates, or products derived therefrom 
that will be produced or stored on a mining claim. 
(20) A full characterization of soils and geology 
in the area to be affected by mineral activities. 
(21) A copy of the applicant’s advertisement to 
be published as required by subsection (k). 
(c) OPERATION AND RECLAMATION PLANS APPLICA-
TION REQUIREMENTS.—The operation and reclamation 
plans referred to in subsection (b) shall include such rec-
lamation measures as prescribed by the Secretary, or for 
National Forest System lands the Secretary of Agri-
culture, and each of the following: 
(1) A description of the condition of the land, 
including the fish and wildlife resources and habitat 
contained thereon, subject to the permit prior to the 
commencement of any mineral activities. 
(2) A discussion of the applicable land use plan 
and how the proposed reclamation activities will 
render the post-mining and reclamation condition of 
the land and resources consistent with that plan. 
(3) A description of operation and reclamation 
measures proposed pursuant to the requirements of 
section 306. 
VerDate Aug 31 2005 
22:09 May 11, 2007
Jkt 059200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H2262.IH
H2262
ycherry on PROD1PC64 with BILLS