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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) Wilderness study areas. 
(2) Areas of critical environmental concern. 
(3) Areas designated for inclusion in the Na-
tional Wild and Scenic Rivers System pursuant to 
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
seq.), areas designated for potential addition to such 
system pursuant to section 5(a) of that Act (16 
U.S.C. 1276(a)), and areas determined to be eligible 
for inclusion in such system pursuant to section 5(d) 
of such Act (16 U.S.C. 1276(d)). 
(4) Any area identified in the set of inventoried 
roadless areas maps contained in the Forest Service 
Roadless Area Conservation Final Environmental 
Impact Statement, Volume 2, dated November 2000. 
(c) EXISTING AUTHORITY NOT AFFECTED.—Noth-
ing in this Act limits the authority granted the Secretary 
in section 204 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1714) to withdraw public 
lands. 
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SEC. 202. WITHDRAWAL PETITIONS BY STATES, POLITICAL 
SUBDIVISIONS, AND INDIAN TRIBES. 
(a) IN GENERAL.—Subject to valid existing rights, 
any State or political subdivision of a State or an Indian 
tribe may submit a petition to the Secretary for the with-
drawal of a specific tract of Federal land from the oper-
ation of the general mining laws, in order to protect spe-
cific values identified in the petition that are important 
to the State or political subdivision or Indian tribe. Such 
values may include the value of a watershed to supply 
drinking water, wildlife habitat value, cultural or historic 
resources, or value for scenic vistas important to the local 
economy, and other similar values. In the case of an In-
dian tribe, the petition may also identify religious or cul-
tural values that are important to the Indian tribe. The 
petition shall contain the information required by section 
204 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1714). 
(b) CONSIDERATION OF PETITION.—The Secretary— 
(1) shall solicit public comment on the petition; 
(2) shall make a final decision on the petition 
within 180 days after receiving it; and 
(3) shall grant the petition subject to valid ex-
isting rights, unless the Secretary makes and pub-
lishes in the Federal Register specific findings why 
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a decision to grant the petition would be against the 
national interest. 
TITLE 
III—ENVIRONMENTAL 
CONSIDERATIONS 
OF 
MIN-
ERAL EXPLORATION AND DE-
VELOPMENT 
SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON 
FEDERAL LAND. 
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, unless ex-
pressly stated otherwise in this Act, the Secretary— 
(1) shall ensure that mineral activities on any 
Federal land that is subject to a mining claim, mill-
site claim, or tunnel site claim is carefully controlled 
to prevent undue degradation of public lands and re-
sources; and 
(2) shall not grant permission to engage in min-
eral activities if the Secretary, after considering the 
evidence, makes and publishes in the Federal Reg-
ister a determination that undue degradation would 
result from such activities. 
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SEC. 302. PERMITS. 
(a) PERMITS REQUIRED.—No person may engage in 
mineral activities on Federal land that may cause a dis-
turbance of surface resources, including but not limited 
to land, air, ground water and surface water, and fish and 
wildlife, unless— 
(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 
Federal land. 
(c) COORDINATION WITH NEPA PROCESS.—To the 
extent practicable, the Secretary and the Secretary of Ag-
riculture shall conduct the permit processes under this Act 
in coordination with the timing and other requirements 
under section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332). 
SEC. 303. EXPLORATION PERMIT. 
(a) AUTHORIZED
EXPLORATION
ACTIVITY.—Any 
claim holder may apply for an exploration permit for any 
mining claim authorizing the claim holder to remove a rea-
sonable amount of the locatable minerals from the claim 
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for analysis, study and testing. Such permit shall not au-
thorize the claim holder to remove any mineral for sale 
nor to conduct any activities other than those required for 
exploration for locatable minerals and reclamation. 
(b) PERMIT APPLICATION REQUIREMENTS.—An ap-
plication for an exploration permit under this section shall 
be submitted in a manner satisfactory to the Secretary 
or, for National Forest System lands, the Secretary of Ag-
riculture, and shall contain an exploration plan, a reclama-
tion plan for the proposed exploration, and such docu-
mentation as necessary to ensure compliance with applica-
ble Federal and State environmental laws and regulations. 
(c) RECLAMATION PLAN REQUIREMENTS.—The rec-
lamation plan required to be included in a permit applica-
tion under subsection (b) shall include such provisions as 
may be jointly prescribed by the Secretary and the Sec-
retary of Agriculture. 
(d) PERMIT ISSUANCE OR DENIAL.—The Secretary, 
or for National Forest System lands, the Secretary of Ag-
riculture, shall issue an exploration permit pursuant to an 
application under this section unless such Secretary makes 
any of the following determinations: 
(1) The permit application, the exploration plan 
and reclamation plan are not complete and accurate. 
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(2) The applicant has not demonstrated that 
proposed reclamation can be accomplished. 
(3) The proposed exploration activities and con-
dition of the land after the completion of exploration 
activities and final reclamation would not conform 
with the land use plan applicable to the area subject 
to mineral activities. 
(4) The area subject to the proposed permit is 
included within an area not open to location under 
section 201. 
(5) The applicant has not demonstrated that 
the exploration plan and reclamation plan will be in 
compliance with the requirements of this Act and all 
other applicable Federal requirements, and any 
State requirements agreed to by the Secretary of the 
Interior (or Secretary of Agriculture, as appro-
priate). 
(6) The applicant has not demonstrated that 
the requirements of section 306 (relating to financial 
assurance) will be met. 
(7) The applicant is eligible to receive a permit 
under section 305. 
(e) TERM OF PERMIT.—An exploration permit shall 
be for a stated term. The term shall be no greater than 
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that necessary to accomplish the proposed exploration, 
and in no case for more than 10 years. 
(f) PERMIT MODIFICATION.—During the term of an 
exploration permit the permit holder may submit an appli-
cation to modify the permit. To approve a proposed modi-
fication to the permit, the Secretary concerned shall make 
the same determinations as are required in the case of 
an original permit, except that the Secretary and the Sec-
retary of Agriculture may specify by joint rule the extent 
to which requirements for initial exploration permits under 
this section shall apply to applications to modify an explo-
ration permit based on whether such modifications are 
deemed significant or minor. 
(g) 
TRANSFER, 
ASSIGNMENT, 
OR
SALE
OF 
RIGHTS.—(1) No transfer, assignment, or sale of rights 
granted by a permit issued under this section shall be 
made without the prior written approval of the Secretary 
or for National Forest System lands, the Secretary of Ag-
riculture. 
(2) Such Secretary shall allow a person holding a per-
mit to transfer, assign, or sell rights under the permit to 
a successor, if the Secretary finds, in writing, that the suc-
cessor— 
(A) is eligible to receive a permit in accordance 
with section 304(d); 
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(B) has submitted evidence of financial assur-
ance satisfactory under section 306; and 
(C) meets any other requirements specified by 
the Secretary. 
(3) The successor in interest shall assume the liability 
and reclamation responsibilities established by the existing 
permit and shall conduct the mineral activities in full com-
pliance with this Act, and the terms and conditions of the 
permit as in effect at the time of transfer, assignment, 
or sale. 
(4) Each application for approval of a permit trans-
fer, assignment, or sale pursuant to this subsection shall 
be accompanied by a fee payable to the Secretary of the 
Interior in such amount as may be established by such 
Secretary. Such amount shall be equal to the actual or 
anticipated cost to the Secretary or the Secretary of Agri-
culture, as appropriate, of reviewing and approving or dis-
approving such transfer, assignment, or sale, as deter-
mined by the Secretary of the Interior. 
SEC. 304. OPERATIONS PERMIT. 
(a) OPERATIONS PERMIT.—(1) Any claim holder that 
is in compliance with the general mining laws and section 
103 of this Act may apply to the Secretary, or for National 
Forest System lands, the Secretary of Agriculture, for an 
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operations permit authorizing the claim holder to carry 
out mineral activities, other than casual use, on— 
(A) any valid mining claim, valid millsite claim, 
or valid tunnel site claim; and 
(B) such additional Federal land as the Sec-
retary may determine is necessary to conduct the 
proposed mineral activities, if the operator obtains a 
right-of-way permit for use of such additional lands 
under title V of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1761 et seq.) and 
agrees to pay all fees required under that title for 
the permit under that title. 
(2) If the Secretary decides to issue such permit, the 
permit shall include such terms and conditions as pre-
scribed 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, 
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 
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non-Federal lands, information on the location and nature 
of such operations may be required by the Secretary. 
(c) PERMIT ISSUANCE OR DENIAL.—(1) After pro-
viding for public participation pursuant to subsection (i), 
the Secretary, or for National Forest System lands the 
Secretary of Agriculture, shall issue an operations permit 
if such Secretary makes each of the following determina-
tions in writing, and shall deny a permit if such Secretary 
finds that the application and applicant do not fully meet 
the following requirements: 
(A) The permit application, including the site 
characterization data, operations plan, and reclama-
tion plan, are complete and accurate and sufficient 
for developing a good understanding of the antici-
pated impacts of the mineral activities and the effec-
tiveness of proposed mitigation and control. 
(B) The applicant has demonstrated that the 
proposed reclamation in the operation and reclama-
tion plan can be and is likely to be accomplished by 
the applicant and will not cause undue degradation. 
(C) The condition of the land, including the fish 
and wildlife resources and habitat contained thereon, 
after the completion of mineral activities and final 
reclamation, will conform to the land use plan appli-
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cable to the area subject to mineral activities and 
are returned to a productive use. 
(D) The area subject to the proposed plan is 
open to location for the types of mineral activities 
proposed. 
(E) The proposed operation has been designed 
to prevent material damage to the hydrologic bal-
ance outside the permit area. 
(F) The applicant will fully comply with the re-
quirements of section 306 (relating to financial as-
surance) prior to the initiation of operations. 
(G) Neither the applicant nor operator, nor any 
subsidiary, affiliate, or person controlled by or under 
common control with the applicant or operator, is in-
eligible to receive a permit under section 305. 
(H) The reclamation plan demonstrates that 10 
years following mine closure, no treatment of surface 
or ground water for carcinogens or toxins will be re-
quired to meet water quality standards at the point 
of discharge. 
(2) With respect to any activities specified in the rec-
lamation plan referred to in subsection (b) that constitutes 
a removal or remedial action under section 101 of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the 
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