cision letter for response by the affected Indian Tribes. 
Thereafter, the agency shall notify in writing, signed by 
the head of the agency, the affected Indian Tribal Govern-
ments, including those that withdrew from the process, of 
the agency’s final decision. 
SEC. 205. DOCUMENTATION AND REPORTING. 
(a) OFFICIAL CONSULTATION RECORD.—The agency 
shall keep an official consultation record that allows accu-
rate tracking of the process so that agencies and con-
sulting parties can correct any errors or omissions, and 
provides an official record of the process that can be re-
ferred to in any litigation that may arise. The agency shall 
document all efforts to initiate consultation as well as doc-
umenting the process once it has begun. Such documenta-
tion, including correspondence, telephone logs, and emails, 
shall be included in the agency’s official consultation 
record. The agency shall also keep notes so that the con-
sultation record documents the content of consultation 
meetings, site visits, and phone calls in addition to infor-
mation about dates and who participated. 
(b) 
PAYMENT
FOR
TRIBAL
DOCUMENTATION 
WORK.—If the agency asks an Indian Tribe for specific 
information or documentation regarding the location, na-
ture, and condition of individual sites, to conduct a survey, 
or in any way fulfill the duties of the agency in a role 
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similar to that of a consultant or contractor, then the 
agency must pay for such services, if so requested by the 
Indian Tribe, as it would for any private consultant or 
contractor. 
(c) REPORT TO CONGRESS.—Each agency shall on a 
biennial basis submit to Congress a report on its consulta-
tion activities. 
SEC. 206. IMPLEMENTATION. 
Not later than 30 days after the date of the enact-
ment of this Act, the head of each agency shall designate 
an official with principal responsibility for the agency’s re-
view of existing consultation and coordination policies and 
procedures, and implementation of this Act. Not later than 
60 days after the effective date of this order, the des-
ignated official shall submit to the Office of Management 
and Budget a description of the agency’s revised consulta-
tion process in conformity with this Act. 
SEC. 207. SENSITIVE TRIBAL INFORMATION. 
Notwithstanding any provision of the Administrative 
Procedures Act, consultation meetings shall be closed to 
the public at the request of the Indian Tribal Government. 
Notwithstanding any provision of the Freedom of Infor-
mation Act, all information designated by the Indian Tribe 
as sensitive, such as the location of sacred sites or other 
details of cultural or religious practices, shall be deleted 
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from any public publication made as part of the consulta-
tion process or in the process of carrying out the activity. 
Once information has been designated as sensitive, the 
agency will determine in consultation with the Indian 
Tribe who may have access to the information for the pur-
poses of carrying out the mineral activity. 
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 
Management 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 shall 
ensure that mineral activities on any Federal land that 
is subject to a mining claim, millsite claim, tunnel site 
claim, or any authorization issued under title I of this Act 
are carefully controlled to prevent undue degradation of 
public lands and resources. 
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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 land, air, ground 
water and surface water, and fish and wildlife, unless a 
permit was issued to such person under this title author-
izing such activities. 
(b) NEGLIGIBLE DISTURBANCE.—Notwithstanding 
subsection (a), a permit under this title shall not be re-
quired 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 ap-
plicant may apply for an exploration permit for any min-
ing claim, license, or lease authorizing the applicant to re-
move a reasonable amount of the hardrock minerals, as 
defined in the license or lease or established in such regu-
lations as the Secretary shall promulgate, from the area 
that is subject to the claim, license, or lease, respectively, 
for analysis, study, and testing. Such permit shall not au-
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thorize the applicant to remove any mineral for sale nor 
to conduct any activities other than those required for ex-
ploration for hardrock 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 
concerned, and shall contain an exploration plan, a rec-
lamation 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 by regulations. Such regulations 
shall, at a minimum, require the following: 
(1) The applicant has demonstrated that pro-
posed reclamation can be accomplished. 
(2) The proposed exploration activities and con-
dition of the land after the completion of exploration 
activities and final reclamation will conform with the 
land use plan applicable to the area subject to min-
eral activities. 
(3) The area subject to the proposed permit is 
not included within an area listed in section 111. 
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(4) The applicant has 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 con-
cerned. 
(5) The applicant has demonstrated that the re-
quirements of section 306 will be met. 
(6) The applicant is eligible to receive a permit 
under section 305. 
(d) TERM OF PERMIT.—An exploration permit shall 
be for a stated term. The term shall be no greater than 
that necessary to accomplish the proposed exploration, 
and in no case for more than 10 years. 
(e) 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. 
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(f) TRANSFER, ASSIGNMENT, OR SALE OF RIGHTS.— 
(1) PRIOR WRITTEN APPROVAL.—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 concerned. 
(2) APPROVAL.—Such Secretary shall allow a 
person holding a permit to transfer, assign, or sell 
rights under the permit to a successor, if the Sec-
retary finds in writing that the successor— 
(A) is eligible to receive a permit under 
section 304; 
(B) has submitted evidence of financial as-
surance satisfactory under section 306; and 
(C) meets any other requirements specified 
by the Secretary. 
(3) ASSUMED LIABILITY.—The successor in in-
terest shall assume the liability and reclamation re-
sponsibilities established by the existing permit and 
shall conduct the mineral activities in full compli-
ance with this Act, and the terms and conditions of 
the permit as in effect at the time of transfer, as-
signment, or sale. 
(4) FEE.—Each application for approval of a 
permit transfer, assignment, or sale pursuant to this 
subsection shall be accompanied by a fee payable to 
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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 Sec-
retary or the Secretary of Agriculture, as appro-
priate, of reviewing and approving or disapproving 
such transfer, assignment, or sale, as determined by 
the Secretary of the Interior. 
SEC. 304. OPERATIONS PERMIT. 
(a) OPERATIONS PERMIT.—(1) Any applicant that is 
in compliance with all provisions of this Act may apply 
to the Secretary concerned for an operations permit au-
thorizing the applicant to carry out mineral activities, 
other than casual use, on— 
(A) any valid mining claim, valid millsite claim, 
valid tunnel site claim, or lease issued under this 
Act; 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. 
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(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 
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 concerned 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 
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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-
cable to the area subject to mineral activities and 
are returned to a productive use. 
(D) The area subject to the proposed plan is 
not listed in section 111 or otherwise ineligible for 
mineral activities. 
(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 prior to the initiation of 
operations. 
(G) Neither the applicant nor operator, nor any 
subsidiary, affiliate, or person controlled by or under 
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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 constitute 
a removal or remedial action under section 101 of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601), the Secretary 
shall consult with the Administrator of the Environmental 
Protection Agency prior to the issuance of an operations 
permit. The Administrator of the Environmental Protec-
tion Agency shall ensure that the reclamation plan does 
not require activities that would increase the costs or like-
lihood of removal or remedial actions under the Com-
prehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.) or correc-
tive actions under the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.). 
(d) TERM OF PERMIT; RENEWAL.— 
(1) IN GENERAL.—An operations permit— 
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