more than $50,000, or by imprisonment for not more than 
2 years, or both. 
(i) DEFINITION.—For purposes of this section, the 
term ‘‘person’’ includes any officer, agent, or employee of 
a person. 
SEC. 507. REGULATIONS. 
The Secretary and the Secretary of Agriculture shall 
issue such regulations as are necessary to implement this 
Act. The regulations implementing title II, title III, title 
IV, and title V that affect the Forest Service shall be joint 
regulations issued by both Secretaries, and shall be issued 
no later than 180 days after the date of enactment of this 
Act. 
SEC. 508. EFFECTIVE DATE. 
This Act shall take effect on the date of enactment 
of this Act, except as otherwise provided in this Act. 
Subtitle B—Miscellaneous 
Provisions 
SEC. 511. OIL SHALE CLAIMS. 
Section 2511(f) of the Energy Policy Act of 1992 
(Public Law 102–486) is amended— 
(1) by striking ‘‘as prescribed by the Sec-
retary’’; and 
(2) by inserting before the period the following: 
‘‘in the same manner as required by title II and title
III of the Hardrock Mining and Reclamation Act of 
2007’’. 
SEC. 512. PURCHASING POWER ADJUSTMENT. 
The Secretary shall adjust all location fees, claim 
maintenance rates, penalty amounts, and other dollar 
amounts established in this Act for changes in the pur-
chasing power of the dollar no less frequently than every 
5 years following the date of enactment of this Act, em-
ploying the Consumer Price Index for All-Urban Con-
sumers 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. 513. SAVINGS CLAUSE. 
(a) SPECIAL APPLICATION OF MINING LAWS.—Noth-
ing in this Act shall be construed as repealing or modi-
fying any Federal law, regulation, order, or land use plan, 
in effect prior to the date of enactment of this Act that 
prohibits or restricts the application of the general mining 
laws, including laws that provide for special management 
criteria for operations under the general mining laws as 
in effect prior to the date of enactment of this Act, to 
the extent such laws provide for protection of natural and 
cultural resources and the environment greater than re-
quired under this Act, and any such prior law shall remain
in force and effect with respect to claims located (or pro-
posed to be located) or converted under this Act. Nothing 
in this Act shall be construed as applying to or limiting 
mineral investigations, studies, or other mineral activities 
conducted by any Federal or State agency acting in its 
governmental capacity pursuant to other authority. Noth-
ing in this Act shall affect or limit any assessment, inves-
tigation, evaluation, or listing pursuant to the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601 et seq.), or the Solid 
Waste Disposal Act (42 U.S.C. 3251 et seq.). 
(b) EFFECT ON OTHER FEDERAL LAWS.—The provi-
sions of this Act shall supersede the general mining laws, 
except for those parts of the general mining laws respect-
ing location of mining claims that are not expressly modi-
fied by this Act. Except for the general mining laws, noth-
ing in this Act shall be construed as superseding, modi-
fying, amending, or repealing any provision of Federal law 
not expressly superseded, modified, amended, or repealed 
by this Act. Nothing in this Act shall be construed as al-
tering, affecting, amending, modifying, or changing, di-
rectly or indirectly, any law which refers to and provides 
authorities or responsibilities for, or is administered by, 
the Environmental Protection Agency or the Adminis-
trator of the Environmental Protection Agency, including
the Federal Water Pollution Control Act, title XIV of the 
Public Health Service Act (the Safe Drinking Water Act), 
the Clean Air Act, the Pollution Prevention Act of 1990, 
the Toxic Substances Control Act, the Federal Insecticide, 
Fungicide, and Rodenticide Act, the Federal Food, Drug, 
and Cosmetic Act, the Motor Vehicle Information and 
Cost Savings Act, the Federal Hazardous Substances Act, 
the Endangered Species Act of 1973, the Atomic Energy 
Act, the Noise Control Act of 1972, the Solid Waste Dis-
posal Act, the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, the Superfund 
Amendments and Reauthorization Act of 1986, the Ocean 
Dumping Act, the Environmental Research, Development, 
and Demonstration Authorization Act, the Pollution Pros-
ecution Act of 1990, and the Federal Facilities Compli-
ance Act of 1992, or any statute containing an amend-
ment to any of such Acts. Nothing in this Act shall be 
construed as modifying or affecting any provision of the 
Native American Graves Protection and Repatriation Act 
(Public Law 101–601) or any provision of the American 
Indian Religious Freedom Act (42 U.S.C. 1996), the Na-
tional Historic Preservation Act (16 U.S.C. 470 et seq.), 
and the Religious Freedom Restoration Act of 1993 (42 
U.S.C. 2000bb et seq.).
(c) PROTECTION
OF CONSERVATION AREAS.—In 
order to protect the resources and values of National Con-
servation System units, the Secretary, as appropriate, 
shall utilize authority under this Act and other applicable 
law to the fullest extent necessary to prevent mineral ac-
tivities that could have an adverse impact on the resources 
or values for which such units were established. 
(d) SOVEREIGN IMMUNITY
OF INDIAN TRIBES.— 
Nothing in this section shall be construed so as to waive 
the sovereign immunity of any Indian tribe. 
SEC. 514. AVAILABILITY OF PUBLIC RECORDS. 
Copies of records, reports, inspection materials, or in-
formation obtained by the Secretary or the Secretary of 
Agriculture under this Act shall be made immediately 
available to the public, consistent with section 552 of title 
5, United States Code, in central and sufficient locations 
in the county, multicounty, and State area of mineral ac-
tivity or reclamation so that such items are conveniently 
available to residents in the area proposed or approved for 
mineral activities and on the Internet. 
SEC. 515. MISCELLANEOUS POWERS. 
(a) IN GENERAL.—In carrying out his or her duties 
under this Act, the Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, may conduct any 
investigation, inspection, or other inquiry necessary and
appropriate and may conduct, after notice, any hearing 
or audit, necessary and appropriate to carrying out his 
or her duties. 
(b) ANCILLARY POWERS.—In connection with any 
hearing, inquiry, investigation, or audit under this Act, the 
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, is authorized to take any of the fol-
lowing actions: 
(1) Require, by special or general order, any 
person to submit in writing such affidavits and an-
swers to questions as the Secretary concerned may 
reasonably prescribe, which submission shall be 
made within such reasonable period and under oath 
or otherwise, as may be necessary. 
(2) Administer oaths. 
(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. 
(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 Act 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 Act; 
(3) may engage in any work and do all things 
necessary or expedient to implement and administer 
the provisions of this Act; 
(4) may, on any mining claim located under the 
general mining laws and maintained in compliance 
with this Act, 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 
required by law, if such documentation is required 
under this Act; 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 Act. 
SEC. 516. 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 Act. 
SEC. 517. 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 
but not limited to’’ 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 and Reclamation 
Act of 2007, notwithstanding the reference to common va-
rieties in subsection (a) and to the exception to such term 
relating to a deposit of materials with some property giv-
ing it distinct and special value, all deposits of mineral 
materials referred to in such subsection, including the 
block pumice referred to in such subsection, shall be sub-
ject 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-
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 and Reclamation 
Act of 2007; 
‘‘(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 and Rec-
lamation Act of 2007; 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. 
(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’’