(b) AMOUNT.—The amount of the financial assur-
ance required under this section shall be sufficient to as-
sure the completion of reclamation satisfying the require-
ments of this Act if the work were to be performed by
the Secretary concerned in the event of forfeiture. The cal-
culation of such amount shall take into account the maxi-
mum level of financial exposure which shall arise during
the mineral activity.
(c) DURATION.—The financial assurance required
under this section shall be held for the duration of the
mineral activities and for an additional period to cover the
operator’s responsibility for revegetation as specified
under subsection 207(b)(6)(B), and effluent treatment as
specified in subsection (g).
(d) ADJUSTMENTS.—The amount of the financial as-
surance and the terms of the acceptance of the assurance
may be adjusted by the Secretary concerned from time to
time as the area requiring coverage is increased or de-
creased, or where the costs of reclamation or treatment
change, or pursuant to section 204(h), but the financial
assurance must otherwise be in compliance with this sec-
tion. The Secretary concerned shall specify periodic times,
or set a schedule, for reevaluating or adjusting the amount
of financial assurance.
(e) RELEASE.—Upon request, and after notice and
opportunity for public comment, and after inspection by
the Secretary, or for National Forest System lands the
Secretary of Agriculture, such Secretary may, after con-
sultation with the Administrator of the Environmental
Protection Agency, release in whole or in part the financial
assurance required under this section if the Secretary
makes both of the following determinations:
(1) A determination that reclamation covered
by the financial assurance has been accomplished as
required by this Act.
(2) A determination that the operator has de-
clared that the terms and conditions of any other
applicable Federal requirements, and State require-
ments applicable pursuant to cooperative agreements
under section 208, have been fulfilled.
(f) RELEASE SCHEDULE.—The release referred to in
subsection (e) shall be according to the following schedule:
(1) After the operator has completed any re-
quired backfilling, regrading, and drainage control of
an area subject to mineral activities and covered by
the 
financial 
assurance, 
and 
has 
commenced
revegetation on the regraded areas subject to min-
eral activities in accordance with the approved plan,
that portion of the total financial assurance secured
for the area subject to mineral activities attributable
to the completed activities may be released.
(2) After the operator has completed success-
fully all remaining mineral activities and reclamation
activities and all requirements of the operations plan
and the reclamation plan (including the provisions of
section 207(b)(6)(B) relating to revegetation and ef-
fluent treatment required by subsection (g)), and all
other requirements of this Act have in fact been
fully met, the remaining portion of the financial as-
surance may be released.
During the period following release of the financial assur-
ance as specified in paragraph (1), until the remaining
portion of the financial assurance is released as provided
in paragraph (2), the operator shall be required to comply
with the permit issued under this title.
(g) EFFLUENT.—Where any discharge resulting from
the mineral activities requires treatment in order to meet
the applicable effluent limitations, the financial assurance
shall include the estimated cost of maintaining such treat-
ment for the projected period that will be needed after
the cessation of mineral activities. The portion of the fi-
nancial assurance attributable to such estimated cost of
treatment shall not be released until the discharge has
ceased, or, if the discharge continues, until the operator
has met all applicable effluent limitations and water qual-
ity standards for 5 full years without treatment.
(h) ENVIRONMENTAL HAZARDS.—If the Secretary,
or for National Forest System lands the Secretary of Agri-
culture, determines, after final release of financial assur-
ance, that an environmental hazard resulting from the
mineral activities exists, or the terms and conditions of
the operations permit of this Act were not fulfilled in fact
at the time of release, such Secretary shall issue an order
under section 407 requiring the claimholder or operator
(or any person who controls the claimholder or operator)
to correct the condition.
SEC. 207. RECLAMATION.
(a) GENERAL RULE.—(1) Except as provided under
paragraphs (5) and (7) of subsection (b), the operator
shall restore lands subject to mineral activities carried out
under a permit issued under this title to a condition capa-
ble of supporting—
(A) the uses, including fish and wildlife habitat
uses, which such lands were capable of supporting
prior to surface disturbance by the operator, or
(B) other beneficial uses which conform to ap-
plicable land use plans as determined by the Sec-
retary or for National Forest System lands, the Sec-
retary of Agriculture.
(2) Reclamation shall proceed as contemporaneously
as practicable with the conduct of mineral activities and
shall use, with respect to this subsection and subsection
(b), the best technology currently available. To the extent
practicable, reclamation shall be conducted in a manner
that does not increase the costs or likelihood of a removal
or remedial action under section 101 of the Comprehensive
Environmental Response, Compensation and Liability Act
of 1980 or a corrective action under the Solid Waste Dis-
posal Act.
(b) RECLAMATION STANDARDS.—Mineral activities
shall be conducted in accordance with the following stand-
ards; as well as any additional standards the Secretaries
may jointly promulgate under section 201 and subsection
(a) of this section to address specific environmental im-
pacts of selected methods of mining:
(1) SOILS.—(A) Soils, including top soils and
subsoils removed from lands subject to mineral ac-
tivities shall be segregated from waste material and
protected for later use in reclamation. If such soil 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 soil is preserved from wind and water erosion,
remains free of contamination by acid or other toxic
material, and is in a usable condition for sustaining
vegetation 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) In the event the soil (other than topsoil)
from lands subject to mineral activities is of insuffi-
cient quantity or of inferior quality for sustaining
vegetation, and other suitable growth media removed
from the lands subject to the mineral activities are
available that support revegetation, these substitute
materials shall be removed, segregated or preserved
in a like manner as under subparagraph (A) for
later use in reclamation.
(D) Mineral activities shall be conducted to pre-
vent contamination of soils to the extent possible
using the best technology currently available. If con-
tamination occurs, the operator shall decontaminate
or dispose of any contaminated soils which have re-
sulted from the mineral activities.
(2) STABILIZATION.—All surface areas subject
to mineral activities, including segregated soils or
other growth medium, waste material piles, ore piles,
subgrade ore piles, and open or partially backfilled
mine pits which meet the requirements of paragraph
(5) shall be stabilized and protected during mineral
activities so as to effectively control fugitive dust
and erosion and otherwise comply with toxic sub-
stance, solid waste, air and water pollution control
laws and other environmental laws.
(3) SEDIMENTS, EROSION, AND
DRAINAGE.—
Facilities such as but not limited to basins, ditches,
stream bank stabilization, diversions or other meas-
ures, shall be designed, constructed and maintained
where necessary to control sediments, erosion, and
drainage of the area subject to mineral activities.
(4) HYDROLOGIC
BALANCE.—(A) Mineral ac-
tivities shall be conducted to minimize disturbances
to the prevailing hydrologic balance of the permit
area and surrounding watershed existing prior to the
mineral activities in the permit area and in the sur-
rounding watershed, as established by the baseline
information 
provided 
pursuant 
to 
section
204(b)(10). Hydrologic balance includes the quality
and quantity of ground water and surface water and
their interrelationships, including recharge and dis-
charge rates. In all cases, the operator shall comply
with Federal and State laws related to the quality
and quantity of such waters.
(B) Mineral activities shall be conducted using
the technology standard referred to in subsection
(a)(2) to prevent where possible the formation of
acidic, toxic or other contaminated water. Where the
formation of acidic, toxic or other contaminated
water occurs despite the use of such technology
standard, mineral activities shall be conducted using
such technology so as to minimize the formation of
acidic, toxic or other contaminated water.
(C) Mineral activities shall prevent any con-
tamination of surface and ground water with acid or
other toxic mine pollutants and shall prevent or re-
move water from contact with acid or toxic produc-
ing deposits.
(D) Reclamation shall restore approximate hy-
drologic balance existing prior to the mineral activi-
ties.
(E) Where the quality of surface water or
ground water used for domestic, municipal, agricul-
tural, or industrial purposes is adversely impacted
by mineral activities, such water shall be treated, or
replaced with the same quantity and approximate
quality of water, comparable to premining conditions
as established in paragraph (10) of section 204(b).
(5) SURFACE RESTORATION.—(A) The surface
area disturbed by mineral activities shall be shaped,
graded, and contoured to its natural topography.
Backfilling of an open pit mine shall be required
only if the Secretary, or for National Forest System
lands the Secretary of Agriculture, finds that such
open pit or partially backfilled, graded, or contoured
pit would pose a significant threat to the public
health safety or have a significant adverse effect on
the environment in terms of surface water or
groundwater pollution.
(B) 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) VEGETATION.—(A) The area subject to
mineral activities shall be vegetated in order to es-
tablish a diverse, effective and permanent vegetative
cover of the same seasonal variety native to the area
subject to mineral activities, capable of self-regen-
eration and plant succession and at least equal in
extent of cover to the natural revegetation of the
surrounding area, except that introduced species
may be used at the discretion of the Secretary, or
for National Forest System lands the Secretary of
Agriculture, in consultation with the Director, Fish
and Wildlife Service, if such introduction of such
species is necessary as an interim step in, and is
part of a program to restore a native plant commu-
nity. In such instances where the complete backfill
of an open mine pit is not required under paragraph
(5), such Secretary shall prescribe such vegetation
requirements as conform to the applicable land use
plan.
(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. The period may be for
a longer time at the discretion of the Secretary con-
cerned where the average precipitation is 26 inches
or less.
(7) EXCESS WASTE.—(A) Waste material in ex-
cess of that required to comply with paragraph (5)
shall be transported and placed in approved areas,
in a controlled manner in such a way so as to assure
long-term mass stability, to prevent mass movement
and to facilitate reclamation. In addition to the
measures described under paragraph (3), internal
drainage systems shall be employed, as may be re-
quired, to control erosion and drainage. The design
of such excess waste material piles shall be certified
by a qualified professional engineer.
(B) Excess waste material piles shall be graded
and contoured to blend with the surrounding topog-
raphy as much as practicable and revegetated in ac-
cordance with paragraph (6).
(8) SEALING.—All drill holes, and openings on
the surface associated with underground mineral ac-
tivities, shall be backfilled, sealed or otherwise con-
trolled when no longer needed for the conduct of
mineral activities to ensure protection of the public
and the environment, and management of fish and
wildlife and livestock.
(9) STRUCTURES.—All buildings, structures or
equipment constructed, used or improved during
mineral activities shall be removed, unless the Sec-
retary concerned in consultation with the affected
land managing agency, determines that use of the
buildings, structures or equipment would be consist-
ent with subsection (a) or for environmental mon-
itoring and the Secretary concerned takes ownership
of such structures.
(10) FISH AND WILDLIFE.—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.
(c) APPLICATION OF RECLAMATION STANDARDS TO
EXPLORATION.—The provisions of this section shall apply
to mineral exploration pursuant to a permit under this
Act, except that paragraphs (5) and (6) of subsection (b)
shall not apply during any interim periods between com-
pletion of the approved exploration and the commence-
ment of further mineral activities, not to exceed 2 years,
if the operator maintains a sufficient financial assurance
to reclaim the disturbed surface should further mineral ac-
tivities not be authorized. The Secretary concerned shall
prescribe 
standards 
for 
interim 
stabilization 
and
revegetation.
(d) SPECIAL RULE.—A modified reclamation plan
shall not be required for mineral activities related to rec-
lamation where a mining claim is forfeited, relinquished
or lapsed, or a plan is revoked or suspended or has expired
in any such case. Reclamation activities shall continue
only as approved by the Secretary, or for National Forest
System lands the Secretary of Agriculture, pursuant to the
previously approved reclamation plan.
(e) DEFINITIONS.—As used in this section:
(1) The term ‘‘best technology currently avail-
able’’ means equipment, devices, systems, methods,
or techniques which have demonstrated engineering
and economic feasibility, success and practicality.
Within the constraints of the surface management
requirements of this Act, the Secretary, or for Na-
tional Forest System lands the Secretary of Agri-
culture, shall have the discretion to determine the
best technology currently available on a case-by-case
basis.
(2) The term ‘‘waste material’’ means the mate-
rial resulting from mineral activities involving ex-
traction, beneficiation and processing, 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 Solid Waste Disposal Act or the Uranium Mill
Tailings Radiation Control Act.
(3) The term ‘‘ore piles’’ means ore stockpiled
for beneficiation prior to the completion of mineral
activities.
(4) The term ‘‘subgrade ore’’ means ore that is
too low in grade to be processed at the time of ex-
traction but which could reasonably be processed in
the foreseeable future.
(5) The term ‘‘soil’’ means the earthy or sandy
layer, ranging in thickness from a few inches to sev-
eral feet, composed of finely divided rock debris, of
whatever origin, mixed with decomposing vegetal and
animal matter, which forms the surface of the
ground and in which plants grow or may grow.
SEC. 208. 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 section 207 shall not be con-
strued 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 206 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 404 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 toxic substance, solid waste, or air or water
quality, standard or requirement of any State law or regu-
lation, or of tribal law or regulation, which may be applica-
ble 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 Sec-
retary, or for National Forest System lands the Secretary
of Agriculture, for the purposes of such Secretary applying
such standards and requirements referred to in subsection
(a) and subsection (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 concerned shall enter into
a cooperative agreement with the State that sets forth a
common regulatory framework consistent with the surface
management requirements of this Act for the purposes of
such plan of operations.
(3) The Secretary concerned 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
concerned 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 under-
standing shall only be applicable to plans of operations
approved by the Secretary concerned prior to the effective
date of this Act.
(e) DELEGATION.—The Secretary, or for National
Forest System lands the Secretary of Agriculture, shall
not delegate to any State, or political subdivision thereof,
the Secretary’s authorities, duties and obligations under
this Act, including with respect to any cooperative agree-
ments entered into under this section.
(f) PREEMPTION.—Subject to section 414(b), the re-
quirements of this Act shall preempt any conflicting re-
quirements of any State, or political subdivision thereof
relating to mineral activities for locatable minerals.
SEC. 209. UNSUITABILITY REVIEW.
(a) AUTHORITY.—(1) As provided for in this section,
the Secretary of the Interior, in carrying out the Sec-
retary’s responsibilities under the Federal Land Policy
and Management Act of 1976, and the Secretary of Agri-
culture, in carrying out the Secretary’s responsibilities
under the Forest and Rangeland Renewable Resources
Planning Act of 1974, as amended by the National Forest
Management Act of 1976, shall each review lands that are
subject to this Act in order to determine, in accordance
with the provisions of subsection (b), whether there are
any areas on such lands which are either unsuitable for
all types of mineral activities or conditionally suitable for
certain types of mineral activities.
(2) Any determination made in accordance with sub-
section (b) shall be immediately effective. Such determina-
tion shall be incorporated into the applicable land use plan
when such plan is adopted, revised, or significantly amend-
ed pursuant to provisions of law other than this Act.
(3) In any instance where a determination is made
in accordance with subsection (b) that an area is condi-
tionally suitable for all or certain mineral activities, the
Secretary concerned shall take appropriate steps to notify
the public that any operations permit application relevant
to that area shall be conditioned accordingly.
(b) SPECIAL CHARACTERISTICS.—(1) The Secretary,
or for National Forest System lands the Secretary of Agri-
culture, shall determine that an area open to location is
unsuitable for all or certain mineral activities if such Sec-
retary finds that such activities would result in significant,
permanent and irreparable damage to special characteris-
tics as described in paragraph (3) which cannot be pre-
vented by the imposition of conditions in the operations
permit required under section 204 (b).
(2) The Secretary, or for National Forest System
lands, the Secretary of Agriculture, may determine, after
notice and opportunity for public comment, that an area
is conditionally suitable for all or certain types of mineral
activities, if the Secretary concerned determines that any
of the special characteristics of such area, as listed in
paragraph (3), require protection from the effects of min-
eral activities.
(3) Any of the following shall be considered special
characteristics of an area which contains lands or interests
in lands open to location under this Act:
(A) The existence of significant water quality or
supplies in or associated with such area, such as
aquifers and aquifer recharge areas.
(B) The presence in such area of publicly
owned places which are listed on or are determined
eligible for listing on the National Register of His-
toric Places.
(C) The designation of all or any portion of
such area or any adjacent area as a National Con-
servation System unit.
(D) The designation of all or any portion of
such area or any adjacent area as critical habitat for
threatened or endangered species under the Endan-
gered Species Act.
(E) The designation of all or any portion of
such area as Class I under section 162 of the Clean
Air Act (42 U.S.C. 7401).
(F) The presence of such other resource values
as the Secretary, or for National Forest System
lands, the Secretary of Agriculture, may, by joint
rule, specify based upon field testing that verifies
such criteria.
(c) PERMIT APPLICATION PRIOR TO REVIEW.—(1) If
an area covered by an application for a permit required
under section 204, has not been reviewed pursuant to sub-
section (a) prior to submission of the application, the Sec-
retary, or for National Forest System lands, the Secretary
of Agriculture, shall review the area that would be affected
by the proposed mineral activities to determine, according
to the provisions of subsection (b), whether the area is
unsuitable for all types of mineral activities or condi-
tionally suitable for certain types of mineral activities.
Such review and determination shall precede the final de-
cision on the permit application.
(2) The Secretary concerned shall use such review in
the next revision or significant amendment to the applica-
ble land use plan to the extent necessary to reflect the
unsuitability or conditional suitability of such lands.
(d) EFFECT OF DETERMINATION.—(1) In any in-
stance in which a determination of unsuitability is made
for any area in accordance with subsection (b)(1), all min-
eral activities shall be prohibited in such area, and the
Secretary shall (with the consent of the Secretary of Agri-
culture for National Forest System lands) withdraw such
area pursuant to section 204 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1714). The Sec-
retary’s determination under this section shall constitute
the documentation required to be provided under section
204(c)(12) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1714).
(2) In any instance where the Secretary, or for Na-
tional Forest System lands, the Secretary of Agriculture,
determines in accordance with subsection (b)(2) that, by
reason of any of the special characteristics listed in sub-
section (b)(3), an area is conditionally suitable for all or
certain mineral activities, the Secretary concerned shall in-
clude such additional conditions in each permit for mineral
activities in such area as necessary to limit or control min-
eral activities to the extent necessary to protect the special
characteristics concerned.
(3) Nothing in this section shall be construed as af-
fecting lands where mineral activities were being con-
ducted on the date of enactment of this Act under ap-
proved plans of operations or under notice (as provided
for in the regulations of the Secretary of the Interior in
effect prior to the date of enactment of this Act relating
to operations that cause a cumulative disturbance of 5
acres or less).
(4) Nothing in this section shall be construed as pro-
hibiting mineral activities at a specific site, where substan-
tial legal and financial commitments in such mineral ac-
tivities were in existence on the date of enactment of this
Act, but nothing in this section shall be construed as pro-
hibiting either Secretary from regulating such activities in
accordance with other authority of law. As used in this
paragraph, the term ‘‘substantial legal and financial com-
mitments’’ means, with respect to a specific site, signifi-
cant investments, expenditures, or undertakings that have
been made to explore or develop any mining claim or and
millsite located at such site under the general mining laws
or converted under this Act, such as but not limited to:
contracts for minerals produced; construction; contracts
for the construction; or commitment to raise capital for
the construction of processing, beneficiation, extraction, or
refining facilities, or transportation or utility infrastruc-
ture; exploration activities conducted to delineate proven
or probable ore reserves; acquisition of mining claims (but
only if such acquisition is part of other significant invest-
ments specified in this paragraph); and such other costs
or expenditures related to mineral activities at such site
as are similar to the foregoing itemized costs or expendi-
tures and as may be specified by the Secretaries by joint
rule.
(e) WITHDRAWAL REVIEW.—(1) In carrying out the
responsibilities referred to in subsection (a), the Secretary
or, for National Forest System lands, the Secretary of Ag-
riculture, shall review all administrative withdrawals of
land under such Secretary’s jurisdiction (other than wil-
derness study areas) to determine whether the revocation
or modification of such withdrawal for the purpose of al-
lowing such lands to be opened to the location of mining
claims under this Act is appropriate as a result of either
of the following:
(A) The imposition of any conditions imposed
as part of the land use planning process or the im-
position of any conditions as a result to the review
process under subsection (a).
(B) The limitation of section 417 (relating to
limitation on patent issuance).
(2) The Secretary concerned shall publish the review
referred to in paragraph (1) in the Federal Register no
later than 1 year after the date of enactment of this Act.
After providing notice and opportunity for comment, the
Secretary may issue a revocation or modification of such
administrative withdrawals as he deems appropriate by
reason of the criteria listed in subparagraph (A) or (B)
of paragraph (1).
(f) EXPLORATION REVIEWS.—In conjunction with re-
view of a permit application submitted pursuant to section
203, and upon request of the applicant, the Secretary, or
for National Forest System lands, the Secretary of Agri-
culture, shall review the area proposed to be affected by
mineral activities to determine whether the area would be
unsuitable or conditionally suitable for all or certain min-
eral activities.
SEC. 210. CERTAIN MINERAL ACTIVITIES COVERED BY
OTHER LAW.
This title shall not apply to any mineral activities
which are subject to the Stock Raising Homestead Act.
TITLE III—ABANDONED LOCAT-
ABLE MINERALS MINE REC-
LAMATION FUND
SEC. 301. ABANDONED LOCATABLE MINERALS MINE REC-
LAMATION.
(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 Locatable Minerals
Mine Reclamation Fund (hereinafter in this title referred
to as the ‘‘Fund’’). The Fund shall be administered by
the Secretary acting through the Director of the Office
of Surface Mining Reclamation and Enforcement.
(2) The Secretary shall notify the Secretary of the
Treasury as to what portion of the Fund is not, in the
Secretary’s judgment, required to meet current withdraw-
als. The Secretary of the Treasury shall invest such por-
tion of the Fund in public debt securities with maturities
suitable for the needs of such Fund and bearing interest
at rates determined by the Secretary of the Treasury, tak-
ing into consideration current market yields on outstand-
ing marketplace obligations of the United States of com-
parable maturities. The income on such investments shall
be credited to, and form a part of, the Fund.
(b) AMOUNTS.—The following amounts shall be cred-
ited to the Fund:
(1) All moneys received from the collection of
claim maintenance fees under section 105.
(2) All moneys collected pursuant to section
106 (relating to failure to comply), section 407 (re-
lating to enforcement) and section 405 (relating to
citizens suits).
(3) All permit fees and transfer fees received
under sections 203 and 204.
(4) All donations by persons, corporations, as-
sociations, and foundations for the purposes of this
title.
(5) All amounts referred to in section 306 (re-
lating to royalties and penalties for underreporting).
(6) All other receipts from fees, royalties, pen-
alties and other sources collected under this Act.
(c) ADMINISTRATIVE COSTS.—(1) In calculating the
amount to be deposited in the Fund during any fiscal year
under subsection (b), the enacted appropriation of the De-
partment of the Interior during the preceding year attrib-
utable to administering this Act shall be deducted from
the total of the amounts listed in subsection (b) prior to
the transfer of such amounts to the Fund.
(2) The amount deducted under paragraph (1) of this
section shall be available to the Secretary, subject to ap-
propriation, for payment of the costs of administering this
Act.
SEC. 302. USE AND OBJECTIVES OF THE FUND.
(a) IN GENERAL.—The Secretary is authorized, sub-
ject to appropriations, to use moneys in the Fund for the
reclamation and restoration of land and water resources
adversely affected by past mineral activities on lands the
legal and beneficial title to which resides in the United
States, land within the exterior boundary of any national
forest system unit, or other lands described in subsection
(d) or section 303, including any of the following:
(1) Prevention, abatement, treatment and con-
trol of water pollution created by abandoned mine
drainage.
(2) Reclamation and restoration of abandoned
surface and underground mined areas.
(3) Reclamation and restoration of abandoned
milling and processing areas.
(c) HABITAT.—Reclamation and restoration activities
under this title, particularly those identified under sub-
section (a)(4), shall include appropriate mitigation meas-
ures to provide for the continuation of any established
habitat for wildlife in existence prior to the commencement
of such activities.
(d) OTHER AFFECTED LANDS.—Where mineral ex-
ploration, mining, beneficiation, processing, or reclamation
activities has been carried out with respect to any mineral
which would be a locatable mineral if the legal and bene-
ficial title to the mineral were in the United States, if such
activities directly affect lands managed by the Bureau of
Land Management as well as other lands and if the legal
and beneficial title to more than 50 percent of the affected
lands resides in the United States, the Secretary is author-
ized, subject to appropriations, to use moneys in the fund
for reclamation and restoration under subsection (a) for
all directly affected lands.
(e) RESPONSE OR REMOVAL ACTIONS.—Reclamation
and restoration activities under this title which constitute
a removal or remedial action under section 101 of the
Comprehensive Environmental Response, Compensation
and Liability Act of 1980, shall be conducted with the con-
currence of the Administrator of the Environmental Pro-
tection Agency. The Secretary and the Administrator shall
enter into a Memorandum of Understanding to establish
procedures for consultation, concurrence, training, ex-
change of technical expertise and joint activities under the
appropriate circumstances, which provide assurances that
reclamation or restoration activities under this title, to the
extent practicable, shall not be conducted in a manner that
increases the costs or likelihood of removal or remedial
actions under the Comprehensive Environmental Re-
sponse, Compensation and Liability Act of 1980, and
which avoid oversight by multiple agencies to the maxi-
mum extent practicable.
SEC. 303. ELIGIBLE LANDS AND WATERS.
(a) ELIGIBILITY.—Reclamation expenditures under
this title may only be made with respect to Federal lands
or Indian lands or water resources that traverse or are
contiguous to Federal lands or Indian lands where such
lands or waters resources have been affected by past min-
eral activities, including any of the following:
(1) Lands and water resources which were used
for, or affected by, mineral activities and abandoned
or left in an inadequate reclamation status before
the effective date of this Act.
(2) Lands for which the Secretary makes a de-
termination that there is no continuing reclamation
responsibility of a claim holder, operator, or other
person who abandoned the site prior to completion
of required reclamation under State or other Federal
laws.
(3) Lands for which it can be established that
such lands do not contain locatable minerals which
could economically be extracted through the reproc-
essing or remining of such lands, unless such consid-
erations are in conflict with the priorities set forth
under paragraphs (1) and (2) of section 302(b).
(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
title.
(c) INVENTORY.—The Secretary shall prepare and
maintain an inventory of abandoned locatable minerals
mines on Federal lands and any abandoned mine on In-
dian lands which may be eligible for expenditures under
this title.
SEC. 304. FUND EXPENDITURES.
Moneys available from the Fund may be expended for
the purposes specified in section 302 directly by the Direc-
tor of the Office of Surface Mining Reclamation and En-
forcement. The Director may also make such money avail-
able for such purposes to the Director of the Bureau of
Land Management, the Chief of the United States Forest
Service, the Director of the National Park Service, Direc-
tor of the United States Fish and Wildlife Service, to any
other agency of the United States, to an Indian tribe, or
to any public entity that volunteers to develop and imple-
ment, and that has the ability to carry out, all or a signifi-
cant portion of a reclamation program under this title.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
Amounts credited to the Fund are authorized to be
appropriated for the purpose of this title without fiscal
year limitation.
SEC. 306. ROYALTY.
(a) RESERVATION OF ROYALTY.—Production of all
locatable minerals from any mining claim located or con-
verted under this Act, or mineral concentrates or products
derived from locatable minerals from any mining claim lo-
cated or converted under this Act, as the case may be,
shall be subject to a royalty of 8 percent of the net smelter
return from such production. The claimholder and any op-
erator to whom the claimholder has assigned the obliga-
tion to make royalty payments under the claim and any
person who controls such claimholder or operator shall be
jointly and severally liable for payment of such royalties.
(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
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
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
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 which may be required by this section shall be
made available for inspection and duplication by such offi-
cer or employee or State.
(2) Records required by the Secretary under this sec-
tion shall be maintained for 6 years after release of finan-
cial assurance under section 206 unless the Secretary noti-
fies the operator that he or she has initiated an audit or
investigation involving such records and that such records
must be maintained for a longer period. In any case when
an audit or investigation is underway, records shall be
maintained until the Secretary releases the operator 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.
(2) Except as provided in paragraph (4)(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 shall be made available by the Secretary pur-
suant to a cooperative agreement under this subsection to
the Secretary of Agriculture upon request only if—
(A) the Secretary of Agriculture consents in
writing to restrict the dissemination of the informa-
tion to those who are directly involved in an audit
or investigation under this section and who have a
need to know;
(B) the Secretary of Agriculture accepts liabil-
ity for wrongful disclosure; and
(C) the Secretary of Agriculture demonstrates
that such information is essential to the conduct of
an audit or investigation under this subsection.
(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 is applicable under section 6621(a)(2) 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 may assess a penalty of 10 percent of the
amount of that underreporting.
(3) If there is a substantial underreporting of royalty
owed on production from a claim for any production
month by any person responsible for paying the royalty,
the Secretary may assess a penalty of 10 percent of the
amount of that underreporting.
(4) For the purposes of this subsection, the term
‘‘substantial underreporting’’ means the difference be-
tween the royalty on the value of the production which
should have been reported and the royalty on the value
of the production which was reported, if the value which
should have been reported is greater than the value which
was reported. An underreporting constitutes a ‘‘substan-
tial underreporting’’ if such difference exceeds 10 percent
of the royalty on the value of production which should
have been reported.
(5) The Secretary shall not impose the assessment
provided in paragraphs (2) or (3) 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.
(6) The Secretary shall waive any portion of an as-
sessment under paragraph (2) or (3) of this subsection
attributable to that portion of the underreporting for
which the person responsible for paying the royalty dem-
onstrates 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, or
(B) such person had substantial authority for
reporting royalty on the value of the production on
the basis on which it was reported, or
(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.
(7) All penalties collected under this subsection shall
be deposited in the Fund.
(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.
(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 or converted under
this section 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 sec-
tion.
(i) EXCEPTION.—No royalty shall be payable under
subsection (a) with respect to minerals processed at a fa-
cility by the same person or entity which extracted the
minerals if an urban development action grant has been
made under section 119 of the Housing and Community
Development Act of 1974 with respect to any portion of
such facility.
(j) DEFINITION.—For the proposes of this section,
for any locatable mineral, the term ‘‘net smelter return’’
shall have the same meaning as the term defined in section
613(c)(1) of the Internal Revenue Code.
(k) 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.
TITLE IV—ADMINISTRATIVE AND
MISCELLANEOUS PROVISIONS
Subtitle A—Administrative
Provisions
SEC. 401. POLICY FUNCTIONS.
(a) MINERALS POLICY.—Section 2 of 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 responsibility of the Secretary of Agriculture to
carry out the policy provisions of paragraphs (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) 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 decisionmak-
ing’’.
100
SEC. 402. USER FEES.
The Secretary and the Secretary of Agriculture are
each authorized to establish and collect from persons sub-
ject to the requirements of this Act such user fees as may
be necessary to reimburse the United States for the ex-
penses 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 ad-
ministrative expenses referred to in this section.
SEC. 403. PUBLIC PARTICIPATION REQUIREMENTS.
(a) OPERATIONS PERMIT.—(1) Concurrent with sub-
mittal of an application for an operations permit under
section 204 or a renewal or significant modification there-
of, the applicant shall publish a notice in a newspaper of
local circulation at least once a week for 4 consecutive
weeks. The notice shall include: the name of the applicant,
the location of the proposed mineral activities, the type
and expected duration of the proposed mineral activities,
the proposed use of the land after the completion of min-
eral activities and a location where such plans are publicly
available. The applicant shall also notify in writing other
Federal, State and local government agencies and Indian
tribes that regulate mineral activities or land planning de-
cisions in the area subject to mineral activities or that
101
manage lands adjacent to the area subject to mineral ac-
tivities. The applicant shall provide proof of such notifica-
tion to the Secretary, or for National Forest System lands
the Secretary of Agriculture.
(2) The applicant for an operations permit shall make
copies of the complete permit application available for
public review at the office of the responsible Federal sur-
face management agency located nearest to the location
of the proposed mineral activities, and at such other public
locations deemed appropriate by the State or local govern-
ment for the county in which the proposed mineral activi-
ties will occur prior to final decision by the Secretary, or
for National Forest System lands the Secretary of Agri-
culture. Any person, and the authorized representative of
a Federal, State or local governmental agency or Indian
tribe, shall have the right to file written comments relating
to the approval or disapproval of the permit application
until 30 days after the last day of newspaper publication.
The Secretary concerned shall promptly make such com-
ments available to the applicant.
(3) Any person may file written comments during the
comment period specified in paragraph (2) and any person
who is, or may be, adversely affected by the proposed min-
eral activities may request a nonadjudicatory public hear-
ing to be held in the county in which the mineral activities
102
are proposed. The Secretary concerned shall consider all
written comments filed during such period. If a hearing
is requested by any person who is, or may be, adversely
affected by the proposed mineral activities, the Secretary
concerned shall consider such request and may conduct
such hearing. When a hearing is to be held, notice of such
hearing shall be published in a newspaper of local circula-
tion at least once a week for 2 weeks prior to the hearing
date.
SEC. 404. INSPECTION AND MONITORING.
(a) INSPECTIONS.—(1) The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture,
shall make inspections of mineral activities so as to ensure
compliance with the surface management requirements of
title II.
(2) The Secretary concerned shall establish a fre-
quency of inspections for mineral activities conducted
under a permit issued under title II, but in no event shall
such inspection frequency be less than one complete in-
spection per calendar quarter or, two per calendar quarter
in the case of a permit for which the Secretary concerned
approves an application under section 204(g) (relating to
temporary cessation of operations). After revegetation has
been established in accordance with a reclamation plan,
such Secretary shall conduct annually 2 complete inspec-
103
tions. Such Secretary shall have the discretion to modify
the inspection frequency for mineral activities that are
conducted on a seasonal basis. Inspections shall continue
under this subsection until final release of financial assur-
ance.
(3)(A) Any person who has reason to believe he or
she is or may be adversely affected by mineral activities
due to any violation of the surface management require-
ments may request an inspection. The Secretary, or for
National Forest System lands the Secretary of Agri-
culture, shall determine within 10 working days of receipt
of the request whether the request states a reason to be-
lieve that a violation exists. If the person alleges and pro-
vides reason to believe that an imminent threat to the en-
vironment or danger to the health or safety of the public
exists, the 10-day period shall be waived and the inspec-
tion shall be conducted immediately. When an inspection
is conducted under this paragraph, the Secretary con-
cerned shall notify the person requesting the inspection,
and such person shall be allowed to accompany the Sec-
retary concerned or the Secretary’s authorized representa-
tive during the inspection. The Secretary shall not incur
any liability for allowing such person to accompany an au-
thorized representative. The identity of the person supply-
ing information to the Secretary relating to a possible vio-
104
lation or imminent danger or harm shall remain confiden-
tial with the Secretary if so requested by that person, un-
less that person elects to accompany an authorized rep-
resentative on the inspection.
(B) The Secretaries shall, by joint rule, establish pro-
cedures for the review of (i) any decision by an authorized
representative not to inspect or (ii) any refusal by such
representative to ensure that remedial actions are taken
with respect to any alleged violation. The Secretary con-
cerned shall furnish such persons requesting the review
a written statement of the reasons for the Secretary’s final
disposition of the case.
(b) MONITORING.—(1) The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture,
shall require all operators to develop and maintain a mon-
itoring and evaluation system which shall identify compli-
ance with all surface management requirements.
(2) Monitoring shall be conducted as close as tech-
nically feasible to the mineral activity involved, and in all
cases such monitoring shall be conducted within the per-
mit area.
(3) The point of compliance referred to in paragraph
(1) 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.
105
In no event shall the point of compliance be outside the
permit area.
(4) The Secretary concerned may require additional
monitoring be conducted as necessary to assure compli-
ance with the reclamation and other environmental stand-
ards of this Act.
(5) The operator shall file reports with the Secretary,
or for National Forest System lands the Secretary of Agri-
culture, on a frequency determined by the Secretary con-
cerned, on the results of the monitoring and evaluation
process, except that if the monitoring and evaluation show
a violation of the surface management requirements, it
shall be reported immediately to the Secretary concerned.
Information received pursuant to this subsection from any
natural person shall not be used against any such natural
person in any criminal case, except a prosecution for per-
jury or for giving a false statement. The Secretary shall
evaluate the reports submitted pursuant to this para-
graph, and based on those reports and any necessary in-
spection shall take enforcement action pursuant to this
section.
(6) The Secretary, or for National Forest System
lands the Secretary of Agriculture, shall determine what
information must be reported by the operator pursuant
to paragraph (5). A failure to report as required by the
106
Secretary concerned shall constitute a violation of this Act
and subject the operator to enforcement action pursuant
to section 407.
SEC. 405. CITIZENS SUITS.
(a) IN GENERAL.—Except as provided in subsection
(b), any person having an interest which is or may be ad-
versely affected may commence a civil action on his or her
own behalf to compel compliance—
(1) against any person (including the Secretary
or the Secretary of Agriculture) alleged to have vio-
lated (if there is evidence the alleged violation has
been repeated), or to be in violation of, any of the
provisions of title II or section 404 of this Act or
any regulation promulgated pursuant to title II or
section 404 of this Act or any term or condition of
any permit issued under title II of this Act; or
(2) against the Secretary or the Secretary of
Agriculture where there is alleged a failure of such
Secretary to perform any act or duty under title II
or section 404 of this Act, or to promulgate any reg-
ulation under title II or section 404 of this Act,
which is not within the discretion of the Secretary
concerned.
The United States district courts shall have jurisdiction
over actions brought under this section, without regard to
107
the amount in controversy or the citizenship of the parties,
including actions brought to apply any civil penalty under
this Act. The district courts of the United States shall
have jurisdiction to compel agency action unreasonably de-
layed, except that an action to compel agency action
reviewable under section 406 may only be filed in a United
States District Court within the circuit in which such ac-
tion would be reviewable under section 406.
(b) EXCEPTIONS.—(1) No action may be commenced
under subsection (a) prior to 60 days after the plaintiff
has given notice in writing of such alleged violation to the
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, except that any such action may be
brought immediately after such notification if the violation
complained of constitutes an imminent threat to the envi-
ronment or to the health or safety of the public.
(2) No action may be brought against any person
other than the Secretary or the Secretary of Agriculture
under subsection (a)(1) if such Secretary has commenced
and is diligently prosecuting a civil or criminal action in
a court of the United States to require compliance.
(3) No action may be commenced under paragraph
(2) of subsection (a) against either Secretary to review any
rule promulgated by, or to any permit issued or denied
by such Secretary if such rule or permit issuance or denial
108
is judicially reviewable under section 406 or under any
other provision of law at any time after such promulga-
tion, issuance, or denial is final.
(c) VENUE.—Venue of all actions brought under this
section shall be determined in accordance with title 28
U.S.C. 1391.
(d) INTERVENTION; NOTICE.—(1) In any action
under this section, the Secretary, or for National Forest
System lands the Secretary of Agriculture, may intervene
as a matter of right at any time. A judgment in an action
under this section to which the United States is not a
party shall not have any binding effect upon the United
States.
(2) Whenever an action is brought under this section
the plaintiff shall serve a copy of the complaint on the
Attorney General of the United States and on the Sec-
retary, or for National Forest System lands the Secretary
of Agriculture. No consent judgment shall be entered in
an action brought under this section in which the United
States is not a party prior to 45 days following the date
on which a copy of the proposed consent judgment is sub-
mitted to the Attorney General and the Secretary, or for
National Forest System lands the Secretary of Agri-
culture. During such 45-day period the Attorney General
or such Secretary may submit comments on the proposed
109
consent judgment to the court and parties or may inter-
vene as a matter of right.
(e) COSTS.—The court, in issuing any final order in
any action brought pursuant to this section may award
costs of litigation (including attorney and expert witness
fees) to any prevailing party whenever the court deter-
mines such award is appropriate. The court may, if a tem-
porary 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.
(f) SAVINGS CLAUSE.—Nothing in this section shall
restrict any right which any person (or class of persons)
may have under chapter 7 of title 5 of the United States
Code, under section 406 of this Act or under any other
statute or common law to bring an action to seek any relief
against the Secretary or the Secretary of Agriculture or
against any other person, including any action for any vio-
lation of this Act or of any regulation or permit issued
under this Act or for any failure to act as required by
law. Nothing in this section shall affect the jurisdiction
of any court under any provision of title 28 of the United
States Code, including any action for any violation of this
Act or of any regulation or permit issued under this Act
or for any failure to act as required by law. Nothing in
this Act shall be construed to be a waiver of the sovereign
110
immunity of an Indian tribe except as provided for in sec-
tion 202(c).
SEC. 406. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) REVIEW BY SECRETARY.—(1)(A) Any person is-
sued a notice of violation or cessation order under section
407, or any person having an interest which is or may
be adversely affected by such notice or order, may apply
to the Secretary, or for National Forest System lands the
Secretary of Agriculture, 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, va-
cated or terminated.
(B) Any person who is subject to a penalty assessed
under section 106, section 107(c), or section 407 may
apply to the Secretary concerned for review of the assess-
ment 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
or the Secretary of Agriculture under section 203, 204,
205, 206, 209, or 404(a)(3) may apply to such Secretary
for review of the decision within 30 days after it is made.
(2) The Secretary concerned shall provide an oppor-
tunity for a public hearing at the request of any party
to the proceeding as specified in paragraph (1). The filing
of an application for review under this subsection shall not
111
operate as a stay of any order or notice issued under sec-
tion 407.
(3) For any review proceeding under this subsection,
the Secretary concerned shall make findings of fact and
shall issue a written decision incorporating therein an
order vacating, affirming, modifying or terminating the
notice, order or decision, or with respect to an assessment,
the amount of penalty that is warranted. Where the appli-
cation for review concerns a cessation order issued under
section 407, the Secretary concerned shall issue the writ-
ten decision within 30 days of the receipt of the applica-
tion for review or within 30 days after the conclusion of
any hearing referred to in paragraph (2), whichever is
later, unless temporary relief has been granted by the Sec-
retary concerned under paragraph (4).
(4) Pending completion of any review proceedings
under this subsection, the applicant may file with the Sec-
retary, or for National Forest System lands the Secretary
of Agriculture, a written request that the Secretary grant
temporary relief from any order issued under section 407
together with a detailed statement giving reasons for such
relief. The Secretary concerned shall expeditiously issue
an order or decision granting or denying such relief. The
Secretary concerned may grant such relief under such con-
ditions as he may prescribe only if such relief shall not