Union Calendar No. 185
103D CONGRESS
1ST SESSION
H. R. 322
[Report No. 103–338]
A BILL
To modify the requirements applicable to locatable
minerals on public domain lands, consistent with
the principles of self-initiation of mining claims,
and for other purposes.
NOVEMBER 9, 1993
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 185
103D CONGRESS
1ST SESSION
H. R. 322
[Report No. 103–338]
To modify the requirements applicable to locatable minerals on public domain
lands, consistent with the principles of self-initiation of mining claims,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. RAHALL (for himself, Mr. MILLER of California, Mr. VENTO, and Mr.
LEHMAN) introduced the following bill; which was referred to the Com-
mittee on Natural Resources
SEPTEMBER 9, 1993
Additional sponsors: Mr. MURPHY, Mr. DEFAZIO, Mr. GORDON, Mr. PORTER,
Mr. BARLOW, Mr. MCCLOSKEY, Mr. RAVENEL, Mr. PRICE of North
Carolina, Mr. REYNOLDS, Mr. EVANS, Mr. OLVER, Mr. PALLONE, Mr.
SHAYS, Mr. STARK, Mr. REED, Mr. GILCHREST, Mr. FRANK of Massa-
chusetts, Mr. FILNER, Mr. KLEIN, Ms. SLAUGHTER, Mr. WYNN, Mr.
KREIDLER, Mr. MEEHAN, Mr. GONZALEZ, Mr. FOGLIETTA, Mr. BERMAN,
Mr. DELLUMS, Ms. WOOLSEY, Ms. ROYBAL-ALLARD, Mr. JACOBS, Mr.
YATES, Mr. LEWIS of Georgia, Mr. HILLIARD, and Mr. POSHARD
NOVEMBER 9, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 5, 1993]
A BILL
To modify the requirements applicable to locatable minerals
on public domain lands, consistent with the principles
of self-initiation of mining claims, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Mineral Exploration and Development Act of 1993’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions and references.
TITLE I—MINERAL EXPLORATION AND DEVELOPMENT
Sec. 101. Lands open to location.
Sec. 102. Rights under this act.
Sec. 103. Location of mining claims.
Sec. 104. Conversion of existing claims.
Sec. 105. Claim maintenance requirements.
Sec. 106. Failure to comply.
Sec. 107. Basis for contest.
TITLE II—ENVIRONMENTAL CONSIDERATIONS OF MINERAL
EXPLORATION AND DEVELOPMENT
Sec. 201. Surface management standard.
Sec. 202. Permits.
Sec. 203. Exploration permits.
Sec. 204. Operations permit.
Sec. 205. Persons ineligible for permits.
Sec. 206. Financial assurance.
Sec. 207. Reclamation.
Sec. 208. State law and regulation.
Sec. 209. Unsuitability review.
Sec. 210. Certain mineral activities covered by other law.
TITLE III—ABANDONED LOCATABLE MINERALS MINE
RECLAMATION FUND
Sec. 301. Abandoned locatable minerals mine reclamation.
Sec. 302. Use and objectives of the fund.
Sec. 303. Eligible lands and waters.
Sec. 304. Fund expenditures.
Sec. 305. Authorization of appropriations.
Sec. 306. Royalty.
TITLE IV—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
SUBTITLE A—ADMINISTRATIVE PROVISIONS
Sec. 401. Policy functions.
Sec. 402. User fees.
Sec. 403. Public participation requirements.
Sec. 404. Inspection and monitoring.
Sec. 405. Citizens suits.
Sec. 406. Administrative and judicial review.
Sec. 407. Enforcement.
Sec. 408. Regulations; effective dates.
SUBTITLE B—MISCELLANEOUS PROVISIONS
Sec. 411. Transitional rules; surface management requirements.
Sec. 412. Claims subject to special rules.
Sec. 413. Purchasing power adjustment.
Sec. 414. Savings clause.
Sec. 415. Availability of public records.
Sec. 416. Miscellaneous powers.
Sec. 417. Limitation on patent issuance.
Sec. 418. Multiple mineral development and surface resources.
Sec. 419. Mineral materials.
Sec. 420. Application of Act to beneficiation and processing of nonFederal min-
erals on Federal lands.
Sec. 421. Severability.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds and declares the follow-
ing:
(1) The general mining laws, commonly referred
to as the Mining Law of 1872, at one time promoted
the development of the West and provided a frame-
work for the exploitation of Federal mineral resources.
(2) Congress recognized that the public interest
was no longer being advanced under the Mining Law
of 1872 when, in 1920, it removed energy minerals
and minerals chiefly valuable for agricultural use,
and in 1955, removed common varieties of mineral
materials, from the scope of the general mining laws
and made such minerals available under regimes
which provide for a financial return to the public for
the disposition of such minerals and which better
safeguard the environment.
(3) The Mining Law of 1872 no longer fosters
the efficient and diligent development of those mineral
resources still under its scope, giving rise to specula-
tion and nonmining uses of lands chiefly valuable for
minerals.
(4) The Mining Law of 1872 does not provide for
a financial return to the American people for use by
claim holders of public domain lands or for the dis-
position of valuable mineral resources from such
lands.
(5) The Mining Law of 1872 continues to trans-
fer lands valuable for mineral resources from the pub-
lic domain to private ownership for less than the fair
market value of such lands and mineral resources.
(6) There are a substantial number of acres of
land throughout the Nation disturbed by mining ac-
tivities conducted under the Mining Law of 1872 on
which little or no reclamation was conducted, and the
impacts from these unreclaimed lands pose a threat to
the public health, safety, and general welfare and to
environmental quality.
(7) Activities under the Mining Law of 1872
continue to result in disturbances of surface areas and
water resources which burden and adversely affect the
public welfare by destroying or diminishing the util-
ity of public domain lands for other appropriate uses
and by creating hazards dangerous to the public
health and safety and to the environment.
(8) Existing Federal law and regulations, as well
as applicable State laws, have proven to be inad-
equate to ensure that active mining operations under
the Mining Law of 1872 will not leave to future gen-
erations a new legacy of hazards associated with
unreclaimed mined lands.
(9) The public interest is no longer being served
by archaic features of the Mining Law of 1872 that
thwart the efficient exploration and development of
those minerals which remain under its scope and
which conflict with modern public land use manage-
ment philosophies.
(10) The public is justified in expecting the dili-
gent development of its mineral resources, a financial
return for the use of public domain lands for mineral
activities as well as for the disposition of valuable
mineral resources from such lands.
(11) It is not in the public interest for public do-
main lands to be sold for below fair market value nor
does this aspect of the Mining Law of 1872 comport
with modern Federal land policy which is grounded
on the retention of public domain lands under the
principles of multiple use.
(12) Mining and reclamation technology is now
developed so that effective and reasonable regulation
of operations by the Federal Government in accord-
ance with this Act is an appropriate and necessary
means to minimize so far as practicable the adverse
social, economic and environmental effects of such
mining operations.
(13) Mining activities on public domain lands
affect interstate commerce, contribute to the economic
well-being, security and general welfare of the Nation
and should be conducted in an environmentally sound
manner.
(14) It is necessary that any revision of the gen-
eral mining laws insure that a domestic supply of
hardrock minerals be made available to the domestic
economy of the United States.
(15) America’s economy still depends heavily on
hardrock minerals and a strong environmentally
sound mining industry is critical to the domestic
minerals supply.
(16) Many of the deposits of hardrock minerals
remain to be discovered on the Federal public do-
main.
(17) Private enterprise must be given adequate
incentive to engage in a capital-intensive industry
such as hardrock mining.
(18) The United States, as owner of the public
domain, has a dual interest in insuring a fair return
for mining on the public domain and insuring that
any royalty and fees charged do not discourage essen-
tial mining activity on the public domain.
(19) The domestic mining industry provides
thousands of jobs directly and indirectly to the domes-
tic economy and those jobs must be preserved and en-
couraged by a sound Federal policy regarding mining
on Federal lands.
(b) PURPOSE.—It is the purpose of this Act—
(1) to devise a more socially, fiscally and envi-
ronmentally responsible regime to govern the use of
public domain lands for the exploration and develop-
ment of those minerals not subject to mineral leasing
acts or mineral materials statutes;
(2) to provide for a fair return to the public for
the use of public domain lands for mineral activities
and for the disposition of minerals from such lands;
(3) to foster the diligent development of mineral
resources on public domain lands in a manner that
is compatible with other resource values and environ-
mental quality;
(4) to promote the restoration of mined areas left
without adequate reclamation prior to the enactment
of this Act and which continue, in their unreclaimed
condition, to substantially degrade the quality of the
environment, prevent the beneficial use of land or
water resources, and endanger the health and safety
of the public;
(5) to assure that appropriate procedures are
provided for public participation in the development,
revision and enforcement of regulations, standards
and programs established under this Act; and
(6) to, whenever necessary, exercise the full reach
of Federal constitutional powers to ensure the protec-
tion of the public interest through the effective control
of mineral exploration and development activities.
SEC. 3. DEFINITIONS AND REFERENCES.
(a) DEFINITIONS.—As used in this Act:
(1) The term ‘‘affiliate’’ means with respect to
any person, any of the following:
(A) Any person who controls, is controlled
by, or is under common control with such per-
son.
(B) Any partner of such person.
(C) Any person owning at least 10 percent
of the voting shares of such person.
(2) The term ‘‘applicant’’ means any person ap-
plying for a permit under this Act or a modification
to or a renewal of a permit under this Act.
(3) The term ‘‘beneficiation’’ means the crushing
and grinding of locatable mineral ore and such proc-
esses as are employed to free the mineral from other
constituents, including but not necessarily limited to,
physical and chemical separation techniques.
(4) The term ‘‘claim holder’’ means a person
holding a mining claim located or converted under
this Act. Such term may include an agent of a claim
holder.
(5) The term ‘‘control’’ means having the ability,
directly or indirectly, to determine (without regard to
whether exercised through one or more corporate
structures) the manner in which an entity conducts
mineral activities, through any means, including
without limitation, ownership interest, authority to
commit the entity’s real or financial assets, position
as a director, officer, or partner of the entity, or con-
tractual arrangement. The Secretary and the Sec-
retary of Agriculture shall jointly promulgate such
rules as may be necessary under this paragraph.
(6) The term ‘‘exploration’’ means those tech-
niques employed to locate the presence of a locatable
mineral deposit and to establish its nature, position,
size, shape, grade and value not associated with min-
ing, beneficiation, processing or marketing of min-
erals.
(7) The term ‘‘Indian lands’’ means lands held
in trust for the benefit of an Indian tribe or individ-
ual or held by an Indian tribe or individual subject
to a restriction by the United States against alien-
ation.
(8) The term ‘‘Indian tribe’’ means any Indian
tribe, band, nation, pueblo, or other organized group
or community, including any Alaska Native village
or regional corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.), which is recognized as eligi-
ble for the special programs and services provided by
the United States to Indians because of their status
as Indians.
(9) The term ‘‘land use plans’’ means those plans
required under section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712) or the
land management plans for National Forest System
units required under section 6 of the Forest and
Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604), whichever is applicable.
(10) The term ‘‘legal subdivisions’’ means an ali-
quot quarter quarter section of land as established by
the official records of the public land survey system,
or a single lot as established by the official records of
the public land survey system if the pertinent section
is irregular and contains fractional lots, as the case
may be.
(11)(A) The term ‘‘locatable mineral’’ means any
mineral, the legal and beneficial title to which re-
mains in the United States and which is not subject
to disposition under any of the following:
(i) The Mineral Leasing Act (30 U.S.C. 181
and following).
(ii) The Geothermal Steam Act of 1970 (30
U.S.C. 1001 and following).
(iii) The Act of July 31, 1947, commonly
known as the Materials Act of 1947 (30 U.S.C.
601 and following).
(iv) The Mineral Leasing for Acquired
Lands Act (30 U.S.C. 351 and following).
(B) The term ‘‘locatable mineral’’ does not in-
clude any mineral held in trust by the United States
for any Indian or Indian tribe, as defined in section
2 of the Indian Mineral Development Act of 1982 (25
U.S.C. 2101), or any mineral owned by any Indian
or Indian tribe, as defined in that section, that is
subject to a restriction against alienation imposed by
the United States.
(12) The term ‘‘mineral activities’’ means any
activity for, related to, or incidental to, mineral ex-
ploration, mining, beneficiation, processing, or rec-
lamation activities for any locatable mineral.
(13) The term ‘‘mining’’ means the processes em-
ployed for the extraction of a locatable mineral from
the earth.
(14) The term ‘‘mining claim’’ means a claim
for the purposes of mineral activities.
(15) The term ‘‘National Conservation System
unit’’ means any unit of the National Park System,
National Wildlife Refuge System, National Wild and
Scenic Rivers System, National Trails System, or a
National Conservation Area, National Recreation
Area, a National Forest Monument or any unit of the
National Wilderness Preservation System.
(16) The term ‘‘operator’’ means any person,
conducting mineral activities subject to this Act or
any agent of such a person.
(17) The term ‘‘person’’ means an individual,
Indian tribe, partnership, association, society, joint
venture, joint stock company, firm, company, cor-
poration, cooperative or other organization and any
instrumentality of State or local government includ-
ing any publicly owned utility or publicly owned cor-
poration of State or local government.
(18) The term ‘‘processing’’ means processes
downstream of beneficiation employed to prepare
locatable mineral ore into the final marketable prod-
uct, including but not limited to, smelting and elec-
trolytic refining.
(19) The term ‘‘Secretary’’ means the Secretary
of the Interior, unless otherwise specified.
(20) The term ‘‘surface management require-
ments’’ means the requirements and standards of title
II, and such other standards as are established by the
Secretary governing mineral activities pursuant to
this Act.
(b) REFERENCES.—(1) Any reference in this Act to the
term ‘‘general mining laws’’ is a reference to those Acts
which generally comprise chapters 2, 12A, and 16, and sec-
tions 161 and 162 of title 30 of the United States Code.
(2) Any reference in this Act to the ‘‘Act of July 23,
1955’’, is a reference to the Act of July 23, 1955, entitled
‘‘An Act to amend the Act of July 31, 1947 (61 Stat. 681)
and the mining laws to provide for multiple use of the sur-
face of the same tracts of the public lands, and for other
purposes’’ (30 U.S.C. 601 and following).
TITLE 
I—MINERAL 
EXPLO-
RATION AND DEVELOPMENT
SEC. 101. LANDS OPEN TO LOCATION.
(a) LANDS OPEN TO LOCATION.—Except as provided
in subsection (b), mining claims may be located under this
Act on lands and interests in lands owned by the United
States if—
(1) such lands and interests were open to the lo-
cation of mining claims under the general mining
laws on the date of enactment of this Act; or
(2) such lands and interests are opened to the lo-
cation of mining claims after the date of enactment
lands, and (ii) lands determined by a Federal
agency under section 5(d) of such Act to be eligi-
ble for inclusion in such system, pending a final
determination by the Congress of the status of
such lands.
(D) Lands withdrawn from mineral activi-
ties under authority of other law.
(2) DEFINITION.—(A) As used in this subsection,
the term ‘‘valid existing rights’’ refers to a mining
claim located on lands described in paragraph (1) of
subsection (a) that—
(i) was properly located and maintained
under this Act prior to and on the applicable
date, or
(ii) was properly located and maintained
under the general mining laws prior to the ap-
plicable date, and
(I) was supported by a discovery of a
valuable mineral deposit within the mean-
ing of the general mining laws on the appli-
cable date, and
(II) continues to be valid under this
Act.
(B) As used in this paragraph, the term ‘‘appli-
cable date’’ means one of the following:
(i) In the case of lands described in para-
graph (1)(A), such term means the date of the
recommendation referred to in paragraph (1)(A)
if such recommendation is made on or after the
enactment of this Act.
(ii) In the case of lands described in para-
graph (1)(A), if the recommendation referred to
in paragraph (1)(A) was made before the enact-
ment of this Act, such term means the earlier of
(I) the date of enactment of this Act or (II) the
date of any withdrawal of such lands from min-
eral activities.
(iii) For lands described in paragraph
(1)(B), such term means the date of the enact-
ment of this Act.
(iv) For lands referred to in paragraph
(1)(C)(i), such term means the date of the enact-
ment of the amendment to the Wild and Scenic
Rivers Act listing the river segment for study
and 
for 
lands 
referred 
to 
in 
paragraph
(1)(C)(ii), such term means the date of the eligi-
bility determination.
(v) For lands referred to in paragraph
(1)(D), such term means the date of the with-
drawal.
SEC. 102. RIGHTS UNDER THIS ACT.
The holder of a mining claim located or converted
under this Act and maintained in compliance with this Act
shall have the exclusive right of possession and use of the
claimed land for mineral activities, including the right of
ingress and egress to such claimed lands for such activities,
subject to the rights of the United States under this Act
and other applicable Federal law. Such rights of the claim
holder shall terminate upon completion of mineral activities
of lands to the satisfaction of the Secretary. In cases where
an area is determined unsuitable under section 209, holders
of claims converted or located under this Act shall be enti-
tled to receive a refund of claim maintenance fees.
SEC. 103. LOCATION OF MINING CLAIMS.
(a) GENERAL RULE.—A person may locate a mining
claim covering lands open to the location of mining claims
by posting a notice of location, containing the person’s
name and address, the time of location (which shall be the
date and hour of location and posting), and a legal descrip-
tion of the claim. The notice of location shall be posted on
a suitable, durable monument erected as near as practicable
to the northeast corner of the mining claim. No person who
is not a citizen of the United States, or a corporation orga-
nized under the laws of the United States or of any State
or the District of Columbia may locate or hold a claim
under this Act. On or after the enactment of this Act, a
mining claim for a locatable mineral on lands open to loca-
tion—
(1) may be located only in accordance with this
Act,
(2) may be maintained only as provided in this
Act, and
(3) shall be subject to the requirements of this
Act.
(b) USE OF PUBLIC LAND SURVEY.—Except as pro-
vided in subsection (c), each mining claim located under
this Act shall (1) be located in accordance with the public
land survey system, and (2) conform to the legal subdivi-
sions thereof. Except as provided in subsection (c)(1), the
legal description of the mining claim shall be based on the
public land survey system and its legal subdivisions.
(c) EXCEPTIONS.—(1) If only a protracted survey ex-
ists for the public lands concerned, each of the following
shall apply in lieu of subsection (b):
(A) The legal description of the mining claim
shall be based on the protracted survey and the min-
ing claim shall be located as near as practicable in
conformance with a protracted legal subdivision.
(B) The mining claim shall be monumented on
the ground by the erection of a suitable, durable
monument at each corner of the claim.
(C) The legal description of the mining claim
shall include a reference to any existing survey monu-
ment, or where no such monument can be found with-
in a reasonable distance, to a permanent and con-
spicuous natural object.
(2) If no survey exists for the public lands concerned,
each of the following shall apply in lieu of subsection (b):
(A) The mining claim shall be a regular square,
with each side laid out in cardinal directions, 40
acres in size.
(B) The claim shall be monumented on the
ground by the erection of a suitable durable monu-
ment at each corner of the claim.
(C) The legal description of the mining claim
shall be expressed in metes and bounds and shall be
defined by and referenced to the closest existing survey
monument, or where no such monument can be found
within a reasonable distance, to a permanent and
conspicuous natural object. Such description shall be
of sufficient accuracy and completeness to permit re-
cording of the claim upon the public land records and
to permit the claim to be readily found upon the
ground.
(3) In the case of a conflict between the boundaries
of a mining claim as monumented on the ground and the
description of such claim in the notice of location referred
to in subsection (a), the notice of location shall be deter-
minative, except where determined otherwise by the Sec-
retary.
(d) FILING WITH SECRETARY.—(1) Within 30 days
after the location of a mining claim pursuant to this sec-
tion, a copy of the notice of location referred to in subsection
(a) shall be filed with the Secretary in an office designated
by the Secretary.
(2)(A) Whenever the Secretary receives a copy of a no-
tice of location of a mining claim under this Act, the Sec-
retary shall assign a serial number to the mining claim,
and immediately return a copy of the notice of location to
the locator of the claim, together with a certificate setting
forth the serial number, a description of the claim, and the
claim maintenance requirements of section 105. The Sec-
retary shall enter the claim on the public land records.
(B) Return of the copy of the notice of location and
provision of the certificate under subparagraph (A) shall
not constitute a determination by the Secretary that a
claim is valid. Failure by the Secretary to provide such
copy and certificate shall not constitute a defense against
cancellation of a claim for failure to follow applicable re-
quirements of this Act.
(3) Notwithstanding any other provision of law, for
every unpatented mining claim located after the date of en-
actment of this Act, the locator shall, at the time the loca-
tion notice is recorded with the Bureau of Land Manage-
ment, pay a location fee of $25.00 per claim. The location
fee shall be in addition to the claim maintenance fee pay-
able under section 105.
(4) Subsections (b) and (c) of section 314 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1744(b)) are repealed.
(e) CONVERTED CLAIMS.—For mining claims and mill
sites deemed converted under this Act, for the purposes of
complying with the requirements of subsection (d), upon re-
ceipt of the initial claim maintenance fee required under
section 105, the Secretary shall issue a certificate referenced
in subsection (d)(2) to the holder of the mining claim or
mill site.
(f) DATE
OF LOCATION.—A mining claim located
under this Act shall be effective based upon the time of loca-
tion.
(g) LANDS COVERED BY CLAIM.—A mining claim lo-
cated or converted under this Act shall include all lands
and interests in lands open to location within the bound-
aries of the claim, subject to any prior mining claim located
or converted under this Act.
(h) CONFLICTING LOCATIONS.—Any conflicts between
the holders of mining claims located or converted under this
Act relating to relative superiority under the provisions of
this Act may be resolved in adjudication proceedings in a
court with proper jurisdiction, including, as appropriate,
State courts. It shall be incumbent upon the holder of a
mining claim asserting superior rights in such proceedings
to demonstrate that such person was the senior locator, or
if such person is the junior locator, that prior to the location
of the claim by such locator—
(1) the senior locator failed to file a copy of the
notice of location within the time provided under sub-
section (d); or
(2) the amount of claim maintenance fee paid by
the senior locator at the time of filing the location no-
tice referred to in subsection (d) was less than the
amount required to be paid by such locator.
(i) EXTENT OF MINERAL DEPOSIT.—The boundaries
of a mining claim located under this Act shall extend verti-
cally downward.
SEC. 104. CONVERSION OF EXISTING CLAIMS.
(a) EXISTING CLAIMS.—Notwithstanding any other
provision of law, on the effective date of this Act any
unpatented mining claim for a locatable mineral located
under the general mining laws prior to the date of enact-
ment of this Act shall become subject to this Act’s provisions
and shall be deemed a converted mining claim under this
Act. Nothing in this Act shall be construed to affect
extralateral rights in any valid lode mining claim existing
on the date of enactment of this Act. After the effective date
of this Act, there shall be no distinction made as to whether
such claim was originally located as a lode or placer claim.
(b) MILL AND TUNNEL SITES.—On the effective date
of this Act, any unpatented mill or tunnel site located under
the general mining laws before the date of enactment of this
Act shall become subject to this Act’s provisions and shall
be deemed a converted mining claim under this Act.
(c) POSTCONVERSION.—Any unpatented mining claim
or mill site located under the general mining laws shall be
deemed to be a prior claim for the purposes of section 103(g)
when converted pursuant to subsection (a) or (b).
(d) DISPOSITION OF LAND.—In the event a mining
claim is located under this Act for lands encumbered by
a prior mining claim or mill site located under the general
mining laws, such lands shall become part of the claim lo-
cated under this Act if the claim or mill site located under
the general mining laws is declared null and void under
this section or is otherwise declared null and void thereafter.
(e) CONFLICTS.—(1) Any conflicts in existence before
the effective date of this Act between holders of mining
claims, mill sites and tunnel sites located under the general
mining laws shall be subject to, and shall be resolved in
accordance with, applicable laws governing such conflicts
in effect before the effective date of enactment of this Act
in a court of proper jurisdiction.
(2) Any conflicts not relating to matters provided for
under section 103(h) between the holders of a mining claim
located under this Act and a mining claim, mill, or tunnel
site located under the general mining laws arising either
before or after the conversion of any such claim or site
under this section shall be resolved in a court with proper
jurisdiction.
SEC. 105. CLAIM MAINTENANCE REQUIREMENTS.
(a) IN GENERAL.—(1) The holder of each mining
claim converted pursuant to this Act shall pay to the Sec-
retary an annual claim maintenance fee of $100 per claim.
(2) The holder of each mining claim located pursuant
to this Act shall pay to the Secretary an annual claim
maintenance fee of $200 per claim.
(b) TIME OF PAYMENT.—The claim maintenance fee
payable pursuant to subsection (a) for any year shall be
paid on or before August 31 of each year, except that in
the case of claims referred to in subsection (a)(2), for the
initial calendar year in which the location is made, the lo-
cator shall pay the initial claim maintenance fee at the
time the location notice is recorded with the Bureau of Land
Management.
(c) OIL SHALE CLAIMS SUBJECT TO CLAIM MAINTE-
NANCE FEES UNDER ENERGY POLICY ACT OF 1992.—This
section shall not apply to any oil shale claims for which
a fee is required to be paid under section 2511(e)(2) of the
Energy Policy Act of 1992 (Public Law 102–486; 106 Stat.
3111; 30 U.S.C. 242).
(d) CLAIM MAINTENANCE FEES PAYABLE UNDER 1993
ACT.—The claim maintenance fees payable under this sec-
tion for any period with respect to any claim shall be re-
duced by the amount of the claim maintenance fees paid
under section 10101 of the Omnibus Budget Reconciliation
Act of 1993 with respect to that claim and with respect
to the same period.
(e) WAIVER.—(1) The claim maintenance fee required
under this section may be waived for a claim holder who
certifies in writing to the Secretary that on the date the
payment was due, the claim holder and all related parties
held not more than 10 mining claims on lands open to loca-
tion. Such certification shall be made on or before the date
on which payment is due.
(2) For purposes of paragraph (1), with respect to any
claim holder, the term ‘‘related party’’ means each of the
following:
(A) The spouse and dependent children (as de-
fined in section 152 of the Internal Revenue Code of
1986), of the claim holder.
(B) Any affiliate of the claim holder.
(f) CO-OWNERSHIP.—Upon the failure of any one or
more of several co-owners to contribute such co-owner or
owners’ portion of the fee under this section, any co-owner
who has paid such fee may, after the payment due date,
give the delinquent co-owner or owners notice of such failure
in writing (or by publication in the newspaper nearest the
claim for at least once a week for at least 90 days). If at
the expiration of 90 days after such notice in writing or
by publication, any delinquent co-owner fails or refuses to
contribute his portion, his interest in the claim shall become
the property of the co-owners who have paid the required
fee.
(g) FUND.—All monies received under this section
shall be deposited in the Abandoned Locatable Minerals
Mine Reclamation Fund established under title III of this
Act.
(h) CREDIT AGAINST ROYALTY.—The amount of the
annual claim maintenance fee required to be paid under
this section for any claim for any period shall be credited
against the amount of royalty required to be paid under
section 306 for the same period with respect to that claim.
SEC. 106. FAILURE TO COMPLY.
(a) FORFEITURE.—The failure of the claim holder to
file the notice of location, to pay the location fee, or to pay
the claim maintenance fee for a mining claim as required
by this title shall be deemed conclusively to constitute for-
feiture of the mining claim by operation of law. Forfeiture
shall not relieve any person of any obligation created under
this Act, including reclamation.
(b) PROHIBITION.—No claim holder may locate a new
claim on the lands such claim holder included in a forfeited
claim for 1 year from the date such claim is deemed for-
feited.
(c) RELINQUISHMENT.—A claim holder deciding not
to pursue mineral activities on a claim may relinquish such
claim by notifying the Secretary. A claim holder relinquish-
ing a claim is responsible for reclamation as required by
section 207 of this Act and all other applicable require-
ments. A claim holder who relinquishes a claim shall not
be subject to the prohibition of subsection (b) of this section
unless the Secretary determines that the claim is being re-
linquished and relocated for the purpose of avoiding compli-
ance with any provision of this Act, including payment of
the claim maintenance fee.
SEC. 107. BASIS FOR CONTEST.
(a) DISCOVERY.—(1) After the effective date of this
Act, a mining claim may not be contested or challenged
the conversion referred to in section 104, except as provided
in section 412.
(3) Nothing in this subsection may be construed as
limiting any contest proceedings initiated by the United
States on issues other than discovery, or any contest pro-
ceedings filed before the effective date of this Act.
(4) Any contest proceeding initiated pursuant to para-
graph (1) shall determine whether the mining claim or
claims subject to such proceeding supported a discovery of
a valuable mineral deposit within the meaning of the gen-
eral mining laws on the effective date of this Act.
(b) CONTINUED SUFFICIENCY OF MINING CLAIM.—(1)
At any time, upon request of the Secretary, the claim holder
shall demonstrate that the continued retention of a mining
claim located or converted under this Act is exclusively re-
lated to mineral activities at the site.
(2) Where the Secretary requests demonstration of the
continuing sufficiency of any mining claim under this sec-
tion, the claim holder shall have the burden of showing each
of the following:
(A) The lands or interests in lands included in
the mining claim are not used predominantly for rec-
reational, residential or other purposes rather than
for mineral activities and are being held in good faith
for the ultimate exploration for, development of, or
production of locatable minerals, as demonstrated by
the claimholder or his or her assigns through
showings satisfactory to the Secretary.
(B) The claim holder or operator does not re-
strict access to the lands or interests in lands included
in the mining claim in a manner that is not required
for mineral activities.
(C) The mineral being or to be mined on the
mining claim is a locatable mineral (unless such
lands are used for beneficiation or processing).
(D) The claim holder or operator has not con-
structed, improved, maintained or used a structure lo-
cated on a mining claim in a manner not specifically
authorized by the Secretary in accordance with this
Act.
(3) Any mining claim for which the claim holder fails
to demonstrate continued sufficiency, in the determination
of the Secretary, pursuant to subsection (b) of this section,
shall thereupon be deemed forfeited and be declared null and
void.
(c) REMEDIES.—(1) The Secretary may assess a civil
penalty of not more than $5,000 per claim against the
claimholder upon declaring a mining claim null and void
pursuant to subsection (b) of this section.
(2) Upon declaring a mining claim null and void pur-
suant to subsection (b), the Secretary shall provide a rea-
sonable opportunity for the mining claim holder or operator
to remove any real or personal property which such person
had previously placed upon the claim. If the property is
not removed within the time provided, the Secretary may
retain the property or provide for its disposition or destruc-
tion.
(d) OTHER LAW.—The Secretary shall take such ac-
tions as may be necessary to ensure the compliance by claim
holders with section 4 of the Act of July 23, 1955 (30 U.S.C.
612), consistent with this section.
TITLE II—ENVIRONMENTAL CON-
SIDERATIONS 
OF 
MINERAL
EXPLORATION AND DEVELOP-
MENT
SEC. 201. SURFACE MANAGEMENT STANDARD.
Notwithstanding the last sentence of section 302(b) of
the Federal Land Policy and Management Act of 1976, and
in accordance with this title and other applicable law, the
Secretary, and for National Forest System lands the Sec-
retary of Agriculture, shall require that mineral activities
on Federal lands conducted by any person minimize ad-
verse impacts to the environment.
SEC. 202. PERMITS.
(a) PERMITS REQUIRED.—No person may engage in
mineral activities on Federal lands that may cause a dis-
turbance of surface resources, including but not limited to,
land, air, ground water and surface water, fish, wildlife,
and biota unless—
(1) the claim was properly located or converted
under this Act and properly maintained; 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 re-
quired for mineral activities related to exploration, or gath-
ering of data, required to comply with section 203 or 204
that cause a negligible disturbance of surface resources and
do not involve any of the following:
(1) The use of mechanized earth moving equip-
ment, suction dredging, explosives.
(2) The use of motor vehicles in areas closed to
off-road vehicles.
(3) The construction of roads, drill pads, or the
use of toxic or hazardous materials.
Persons engaging in such activities shall provide prior writ-
ten notice. The Secretary and the Secretary of Agriculture
may provide, by joint regulations the manner in which such
notice shall be provided.
SEC. 203. EXPLORATION PERMITS.
(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
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 explo-
ration for locatable minerals and reclamation.
(b) PERMIT APPLICATION REQUIREMENTS.—An appli-
cation 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 Agri-
culture, and shall contain an exploration plan, a reclama-
tion plan for the proposed exploration, such documentation
as necessary to ensure compliance with applicable Federal
and State environmental laws and regulations, and each
of the following:
(1) The name, mailing address, and social secu-
rity number or tax identification number, as applica-
ble, of each of the following:
(A) The applicant for the permit and any
agent of the applicant.
(B) The operator (if different than the ap-
plicant) of the claim concerned.
(C) Each claim holder (if different than the
applicant) of the claim concerned.
(2) A statement of whether any person referred
to in subparagraphs (A) through (C) of paragraph (1)
is currently in violation of, or was, during the 3-year
period preceding the date of the application, found to
be in violation of, any of the following and, if so, a
brief explanation of the facts involved, including iden-
tification of the site and nature of the violation:
(A) Any provision of this Act or any regu-
lation under this Act.
(B) Any applicable solid waste, air or
water quality law or regulation at any site
where mining, beneficiation, or processing activi-
ties are occurring or have occurred.
(C) The Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1201 and fol-
lowing) or any regulation under that Act at any
site where surface coal mining operations have
occurred or are occurring.
(3) A description of the type and method of ex-
ploration activities proposed, the engineering tech-
niques proposed to be used and the equipment pro-
posed to be used.
(4) The anticipated starting and termination
dates of each phase of the exploration activities pro-
posed, including any planned temporary cessation of
exploration.
(5) A map, to an appropriate scale, clearly
showing the land to be affected by the proposed explo-
ration.
(6) Information determined necessary by the Sec-
retary concerned to assess the cumulative impacts, as
may be required to comply with the National Envi-
ronmental Policy Act.
(7) Evidence of appropriate financial assurance
as specified in section 206.
(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 and each of the following:
(1) A description of the condition of the land
subject to the permit prior to the commencement of
any exploration activities.
(2) A description of reclamation measures pro-
posed pursuant to the requirements of section 207.
(3) The engineering techniques to be used in rec-
lamation and the equipment proposed to be used.
(4) The anticipated starting and termination
dates of each phase of the reclamation proposed.
(5) A description of the proposed condition of the
land following the completion of reclamation.
(d) PERMIT ISSUANCE OR DENIAL.—The Secretary, or
for National Forest System lands, the Secretary of Agri-
culture, shall issue an exploration permit pursuant to an
application under this section if such Secretary makes each
of the following determinations, and such Secretary shall
deny a permit which he or she finds does not fully meet
the requirements of this subsection:
(1) The permit application, the exploration plan
and reclamation plan are complete and accurate.
(2) The applicant has demonstrated that pro-
posed 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 conform with
the land use plan applicable to the area subject to
mineral activities.
(4) The area subject to the proposed permit is
not included within an area designated unsuitable
under section 209 or not open to location under sec-
tion 101(b) for the types of exploration activities pro-
posed.
(5) The applicant has demonstrated that the ex-
ploration plan and reclamation plan will be in com-
pliance with the requirements of this Act and all
other applicable Federal requirements, and any State
requirements agreed to by the Secretary of the Inte-
rior (or Secretary of Agriculture, as appropriate)
pursuant to a cooperative agreement under section
208.
(6) The applicant has fully complied with the re-
quirements of section 206 (relating to financial assur-
ance).
(e) 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 5 years.
(f) PERMIT MODIFICATION.—During the term of an ex-
ploration permit the permit holder may submit an applica-
tion to modify the permit. To approve a proposed modifica-
tion to the permit, the Secretary concerned shall make the
same determinations as are required in the case of an origi-
nal permit, except that the Secretary and the Secretary of
Agriculture may specify by joint rule the extent to which
requirements for initial exploration permits under this sec-
tion shall apply to applications to modify an exploration
permit based on whether such modifications are deemed sig-
nificant or minor.
(g) FEES.—Each application for a permit pursuant
to this section shall be accompanied by a fee payable to
the Secretary of the Interior in such amount as may be
established by the Secretary of the Interior. Such amount
shall be equal to the actual or anticipated cost to the Sec-
retary or the Secretary of Agriculture, as the case may be,
of reviewing, administering, and enforcing such permit, as
determined by such Secretary. All moneys received under
this subsection shall be deposited in the Abandoned
Locatable Minerals Mine Reclamation Fund established
under title III of this Act.
(h) 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 Agriculture.
(2) Such Secretary may 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 205;
(B) has submitted evidence of financial assur-
ance satisfactory under section 206; 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 transfer,
assignment, or sale pursuant to this subsection shall be ac-
companied 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 Agriculture, as ap-
propriate, of reviewing and approving or disapproving such
transfer, assignment, or sale, as determined by the Sec-
retary of the Interior. All moneys received under this sub-
section shall be deposited in the Abandoned Locatable Min-
erals Mine Reclamation Fund established under title III of
this Act.
SEC. 204. OPERATIONS PERMIT.
(a) OPERATIONS PERMIT.—Any claim holder may
apply to the Secretary, or for National Forest System lands,
the Secretary of Agriculture, for an operations permit au-
thorizing the claim holder to carry out mineral activities
on Federal lands. The permit shall include such terms and
conditions as prescribed by such Secretary to carry out this
title.
(b) PERMIT APPLICATION REQUIREMENTS.—An appli-
cation for an operations permit under this section shall be
submitted in a manner satisfactory to the Secretary con-
cerned and shall contain an operations plan, a reclamation
plan, such documentation as necessary to ensure compliance
with applicable Federal and State environmental laws and
regulations, and each of the following:
(1) The name, mailing address, and social secu-
rity number or tax identification number, as applica-
ble, of each of the following:
(A) The applicant for the permit and any
agent of the applicant.
(B) The operator (if different than the ap-
plicant) at the claim concerned.
(C) Each claim holder (if different than the
applicant) of the claim concerned.
(D) Each affiliate and each officer or direc-
tor of the applicant.
(2) A statement of whether a person referred to
in subparagraphs (A) through (D) of paragraph (1)
is currently in violation of, or was, during the 3-year
period preceding the date of application, found to be
in violation of, any of the following and if so, a brief
explanation of the facts involved, including identifica-
tion of the site and the nature of the violation:
(A) Any provision of this Act or any regu-
lation under this Act.
(B) Any applicable solid waste, air or
water quality law or and regulation at any site
where mining, beneficiation, or processing activi-
ties are occurring or have occurred.
(C) The Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1201 and fol-
lowing) or any regulation under that Act at any
site where surface coal mining operations have
occurred or are occurring.
(3) A statement of any current or previous per-
mits or plans of operations issued under the Surface
Mining Control and Reclamation Act or the Federal
Land Policy and Management Act.
(4) A description of the type and method of min-
eral activities proposed, the engineering techniques
proposed to be used and the equipment proposed to be
used.
pre-disturbance monitoring sufficient to establish sea-
sonal variations.
(10) An analysis of the probable hydrologic con-
sequences of the mineral activities, both on and off the
area subject to mineral activities, with respect to the
hydrologic regime, quantity and quality of water in
surface and ground water systems including the dis-
solved and suspended solids under seasonal flow con-
ditions and the collection of sufficient data for the
mine site and surrounding areas so that an assess-
ment can be made by the Secretary concerned of the
probable cumulative impacts of the anticipated min-
eral activities in the area upon the hydrology of the
area and particularly upon water availability.
(11) A description of the monitoring systems to
be used to detect and determine whether compliance
has and is occurring consistent with the surface man-
agement requirements and to monitor the effects of
mineral activities on the site and surrounding envi-
ronment, including but not limited to, ground water,
surface water, air and soils.
(12) Accident contingency plans that include,
but are not limited to, immediate response strategies
and corrective measures to mitigate environmental
impacts and appropriate insurance to cover accident
contingencies.
(13) Any measures to comply with any condi-
tions on minerals activities that may be required in
the applicable land use plan or any condition stipu-
lated pursuant to section 209.
(14) Information determined necessary by the
Secretary concerned to assess the cumulative impacts
of mineral activities, as may be required to comply
with the National Environmental Policy Act.
(15) Such other environmental baseline data as
the Secretaries, by joint regulation, shall require suffi-
cient to validate the determinations required for issu-
ance of a permit under this Act.
(16) Evidence of appropriate financial assurance
as specified in section 206.
(17) A description of the site security provisions
designed to protect from theft the locatable minerals,
concentrates or products derived therefrom which will
be produced or stored on a mining claim.
(18) A full characterization of soils and geology
in the area to be affected by mineral activities.
(19) A copy of the applicant’s advertisement to
be published as required by section 403 (relating to
public participation).
(c) RECLAMATION
PLAN
APPLICATION
REQUIRE-
MENTS.—The reclamation plan referred to in subsection (b)
shall include such reclamation measures as prescribed by
the Secretary, or for National Forest System lands the Sec-
retary of Agriculture, and each of the following:
(1) A description of the condition of the land
subject to the permit prior to the commencement of
any mineral activities.
(2) A description of reclamation measures pro-
posed pursuant to the requirements of section 207.
(3) The engineering techniques to be used in rec-
lamation and the equipment proposed to be used.
(4) The anticipated starting and termination
dates of each phase of the reclamation proposed.
(5) A description of the proposed condition of the
land following the completion of reclamation.
(6) A description of the maintenance measures
that will be necessary to meet the surface management
requirements of this Act, such as, but not limited to,
drainage water treatment facilities, or liner mainte-
nance and control.
(7) The consideration which has been given to
making the condition of the land after the completion
of mineral activities and final reclamation consistent
with the applicable land use plan.
(d) PERMIT ISSUANCE OR DENIAL.—(1) After provid-
ing notice and opportunity for public comment and hear-
ing, 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 such Secretary shall deny a permit
which he or she finds does not fully meet the requirements
of this paragraph:
(A) The permit application, operations plan,
and reclamation plan are complete and accurate.
(B) The applicant has demonstrated that the
proposed reclamation in the reclamation plan can be
accomplished.
(C) The proposed mineral activities and condi-
tion of the land after the completion of mineral ac-
tivities and final reclamation conform to the land use
plan applicable to the area subject to mineral activi-
ties.
(D) The area subject to the proposed plan is not
included within an area designated unsuitable or not
open to location for the types of mineral activities
proposed.
(E) The applicant has demonstrated that the
mineral activities will be in compliance with this Act
and all other applicable Federal requirements, and
any State requirements agreed to by the appropriate
Secretary pursuant to cooperative agreements under
section 208.
(F) The assessment of the probable cumulative
impact of all anticipated mining in the area on the
hydrologic balance specified in subsection (b)(10) has
been made and the proposed operation has been de-
signed to minimize disturbances to the prevailing hy-
drologic balance of the permit area.
(G) The applicant has fully complied with the
requirements of section 206 (relating to financial as-
surance).
(2) Issuance of an operations permit under this section
shall be based on information supplied by the applicant and
the applicant shall have the burden of establishing that the
application complies with paragraph (1).
(e) TERM OF PERMIT; RENEWAL.—(1) An operations
permit shall be for a stated term. The term shall be no great-
er than that necessary to accomplish the proposed mineral
activities subject to the permit, and in no case for more
than 10 years, unless the applicant demonstrates to the sat-
isfaction of the Secretary, or for National Forest System
lands the Secretary of Agriculture, that a specified longer
term is reasonably needed for such mineral activities.
(2) Failure by the operator to commence mineral ac-
tivities within one year of the date scheduled in an oper-
ations permit shall require a modification of the permit un-
less the Secretary concerned determines that the delay was
beyond the control of the applicant.
(3) An operations permit shall carry with it the right
of successive renewal upon expiration only with respect to
operations on areas within the boundaries of the existing
permit as issued. A renewal of such permit shall not be is-
sued if such Secretary determines, in writing, any of the
following:
(A) The terms and conditions of the existing per-
mit are not being met.
(B) The operator has not demonstrated that the
financial assurance would continue to apply in full
force and effect for the renewal term.
(C) Any additional revised or updated informa-
tion required by the Secretary concerned has not been
provided.
(D) The applicant has not demonstrated that the
mineral activities will be in compliance with the re-
quirements of all other applicable Federal require-
ments, and any State requirements agreed to by the
Secretary concerned pursuant to cooperative agree-
ments under section 208.
(4) A renewal of an operations permit shall be for a
term of 10 years or for such additional term as the Sec-
retary concerned deems appropriate. Application for re-
newal shall be made at least one year prior to the expiration
of the existing permit. Where a renewal application has
been timely submitted and a permit expires prior to Sec-
retarial action on the renewal application, reclamation
shall and other mineral activities may continue in accord-
ance with the terms of the expired permit until the Sec-
retary concerned makes a decision on the renewal applica-
tion.
(f) PERMIT MODIFICATION.—(1) During the term of
an operations permit the operator may submit an applica-
tion to modify the permit (including the operations plan
or reclamation plan, or both). To approve a proposed modi-
fication, the Secretary, or for National Forest System lands
the Secretary of Agriculture, shall make the same deter-
minations as are required in the case of an original oper-
ations permit, except that the Secretaries may establish
joint rules regarding the extent to which requirements for
original permits under this section shall apply to applica-
tions to modify a permit based on whether such modifica-
tions are deemed significant or minor. Such rules shall pro-
vide that all requirements applicable to a new permit shall
apply to any extension of the area covered by the permit
(except for incidental boundary revisions).
(2) The Secretary, or for National Forest System lands
the Secretary of Agriculture, may, at any time, require rea-
sonable modification to any operations plan or reclamation
plan upon a determination that the requirements of this
Act cannot be met if the plan is followed as approved. Such
determination shall be based on a written finding and sub-
ject to notice and hearing requirements established by the
Secretary concerned.
(g) TEMPORARY CESSATION OF OPERATIONS.—(1) No
operator conducting mineral activities under an operations
permit in effect under this title may temporarily cease min-
eral activities for a period of 180 days or more under an
operations permit unless the Secretary concerned has ap-
proved such temporary cessation or unless the temporary
cessation is permitted under the original permit. Any oper-
ator temporarily ceasing mineral activities for a period of
180 days or more under an existing operations permit shall
submit, before the expiration of such 180-day period, a com-
plete application for temporary cessation of operations to
the Secretary concerned for approval unless the temporary
cessation is permitted under the original permit.
(2) An application for approval of temporary cessation
of operations shall include such provisions as prescribed by
the Secretary concerned, including but not limited to the
steps that shall be taken during the cessation of operations
period to minimize impacts on the environment. After re-
ceipt of a complete application for temporary cessation of
operations such Secretary shall conduct an inspection of the
area for which temporary cessation of operations has been
requested.
(3) To approve an application for temporary cessation
of operations, the Secretary concerned shall make each of
the following determinations:
(A) A determination that the methods for secur-
ing surface facilities and restricting access to the per-
mit area, or relevant portions thereof, will effectively
ensure against hazards to the health and safety of the
public and fish and wildlife.
(B) A determination that reclamation is in com-
pliance with the approved reclamation plan, except in
those areas specifically designated in the application
for temporary cessation of operations for which a
delay in meeting such standards is necessary to facili-
tate the resumption of operations.
(C) A determination that the amount of finan-
cial assurance filed with the permit application is
sufficient to assure completion of the reclamation ac-
tivities identified in the approved reclamation plan
in the event of forfeiture.
(D) A determination that any outstanding no-
tices of violation and cessation orders incurred in
connection with the plan for which temporary ces-
sation is being requested are either stayed pursuant
to an administrative or judicial appeal proceeding or
are in the process of being abated to the satisfaction
of the Secretary concerned.
(h) PERMIT REVIEWS.—The Secretary, or for National
Forest System lands the Secretary of Agriculture, shall re-
view each permit issued under this section every 3 years
during the term of such permit and, based upon a written
finding, such Secretary may require the operator to take
such actions as the Secretary deems necessary to assure that
mineral activities conform to the permit, including adjust-
ment of financial assurance requirements.
(i) FEES.—Each application for a permit pursuant
to this section 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 for
National Forest System lands the Secretary of Agriculture,
of reviewing, administering, and enforcing such permit, as
determined by the Secretary of the Interior. All moneys re-
ceived under this subsection shall be deposited in the Aban-
doned Locatable Minerals Mine Reclamation Fund estab-
lished under title III of this Act.
(j) TRANSFER, ASSIGNMENT, OR SALE OF RIGHTS.—
(1) No transfer, assignment, or sale of rights granted by
a permit under this section shall be made without the prior
written approval of the Secretary, or for National Forest
System lands the Secretary of Agriculture.
(2) The Secretary, or for National Forest System lands
the Secretary of Agriculture, may allow a person holding
a permit to transfer, assign, or sell rights under the permit
to a successor, if such Secretary finds, in writing, that the
successor—
(A) is eligible to receive a permit in accordance
with section 205;
(B) has submitted evidence of financial assur-
ance satisfactory under section 206; and
(C) meets any other requirements specified by
such 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 transfer,
assignment, or sale pursuant to this subsection shall be ac-
companied 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 Agriculture of re-
viewing and approving or disapproving such transfer, as-
signment, or sale, as determined by the Secretary of the In-
terior. All moneys received under this subsection shall be
deposited in the Abandoned Locatable Minerals Mine Rec-
lamation Fund established under title III of this Act.
SEC. 205. PERSONS INELIGIBLE FOR PERMITS.
(a) CURRENT VIOLATIONS.—Unless corrective action
has been taken in accordance with subsection (c), no permit
under this title shall be issued or transferred to an appli-
cant if the applicant or any agent of the applicant, the op-
erator (if different than the applicant) of the claim con-
cerned, any claim holder (if different than the applicant)
of the claim concerned, or any affiliate or officer or director
of the applicant is currently in violation of any of the fol-
lowing:
(1) A provision of this Act or any regulation
under this Act.
(2) An applicable solid waste, air, or water qual-
ity law or regulation at any site where mining,
beneficiation, or processing activities are occurring or
have occurred.
(3) The Surface Mining Control and Reclama-
tion Act of 1977 (30 U.S.C. 1201 and following) or
any regulation implementing that Act at any site
where surface coal mining operations have occurred
or are occurring.
(b) SUSPENSION.—The Secretary, or for National For-
est System lands the Secretary of Agriculture, shall suspend
an exploration permit or an operations permit, in whole
or in part, if such Secretary determines that any of the
entities described in subsection (a) were in violation of any
requirement listed in subsection (a) at the time the permit
was issued.
(c) CORRECTION.—(1) The Secretary, or for National
Forest System lands the Secretary of Agriculture, may issue
or reinstate a permit under this title if the applicant sub-
mits proof that the violation referred to in subsection (a)
or (b) has been corrected or is in the process of being cor-
rected to the satisfaction of such Secretary or if the appli-
cant submits proof that the violator has filed and is pres-
ently pursuing, a direct administrative or judicial appeal
to contest the existence of the violation. For purposes of this
section, an appeal of any applicant’s relationship to an af-
filiate shall not constitute a direct administrative or judi-
cial appeal to contest the existence of the violation.
(2) Any permit which is issued or reinstated based
upon proof submitted under this subsection shall be condi-
tionally approved or conditionally reinstated, as the case
may be. If the violation is not successfully abated or the
violation is upheld on appeal, the permit shall be suspended
or revoked.
(d) PATTERN OF WILLFUL VIOLATIONS.—No permit
under this Act may be issued to any applicant if there is
a demonstrated pattern of willful violations of the surface
management requirements of this Act by the applicant, any
affiliate of the applicant, or the operator or claim holder
if different than the applicant, and such violations are of
such nature and duration, and with such resulting irrep-
arable damage to the environment, as to clearly indicate
an intent not to comply with the surface management re-
quirements.
SEC. 206. FINANCIAL ASSURANCE.
(a) FINANCIAL ASSURANCE REQUIRED.—(1) Before
any permit is issued under this title, the operator shall file
with the Secretary, or for National Forest System lands the
Secretary of Agriculture, evidence of financial assurance
payable to the United States on a form prescribed and fur-
nished by such Secretary and conditional upon faithful per-
formance of such permit and all other requirements of this
Act. The financial assurance shall be provided in the form
of a surety bond, trust fund, letters of credits, government
securities, cash or equivalent.
(2) The financial assurance shall cover all lands with-
in the initial permit area and shall be extended to cover
all lands added pursuant to any permit modification made
under section 203(f), section 204(f), or section 204(h). The
financial assurance shall cover all lands to be affected by
mineral activities as described and depicted in the permit
application.
(b) AMOUNT.—The amount of the financial assurance
required under this section shall be sufficient to assure the
completion of reclamation satisfying the requirements of
this Act if the work were to be performed by the Secretary
concerned in the event of forfeiture. The calculation of such
amount shall take into account the maximum level of finan-
cial 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 min-
eral activities and for an additional period to cover the op-
erator’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 as-
surance must otherwise be in compliance with this section.
The Secretary concerned shall specify periodic times, or set
a schedule, for reevaluating or adjusting the amount of fi-
nancial assurance.
(e) RELEASE.—Upon request, and after notice and op-
portunity for public comment, and after inspection by the
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, such Secretary may release in whole
or in part the financial assurance required under this sec-
tion if the Secretary makes both of the following determina-
tions:
(1) A determination that reclamation covered by
the financial assurance has been accomplished as re-
quired by this Act.
(2) A determination that the operator has de-
clared that the terms and conditions of any other ap-
plicable Federal requirements, and State requirements
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 mineral
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 successfully
all remaining mineral activities and reclamation ac-
tivities 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 assurance
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 includes 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 financial
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 ap-
plicable effluent limitations and water quality 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 min-
eral activities exists, or the terms and conditions of the op-
erations 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 capable of
supporting—
(A) the uses to which such lands were capable of
supporting prior to surface disturbance by the opera-
tor, or
(B) other beneficial uses which conform to appli-
cable land use plans as determined by the Secretary
or for National Forest System lands, the Secretary 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.
(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 impacts
of selected methods of mining:
(1) SOILS.—(A) Soils, including top soils and
subsoils removed from lands subject to mineral activi-
ties shall be segregated from waste material and pro-
tected 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 in-
ferior quality for sustaining vegetation, and other
suitable growth media removed from the lands subject
to the mineral activities are available that shall sup-
port vegetation, the best available growth medium
shall be removed, segregated and preserved in a like
manner as under subparagraph (A) for sustaining
vegetation when restored during reclamation.
(C) In the event the soil (other than topsoil) from
lands subject to mineral activities is of insufficient
quantity or of inferior quality for sustaining vegeta-
tion, and other suitable growth media removed from
the lands subject to the mineral activities are avail-
able that support revegetation, these substitute mate-
rials 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 minimize attendant air and water pollu-
tion.
(3) SEDIMENTS, EROSION, AND DRAINAGE.—Fa-
cilities 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 activi-
ties shall be conducted to minimize disturbances to
the prevailing hydrologic balance of the permit area
and surrounding watershed existing prior to the min-
eral activities in the permit area and in the sur-
rounding watershed, as established by the baseline in-
formation provided pursuant to section 204(b)(10).
Hydrologic balance includes the quality and quantity
of ground water and surface water and their inter-
relationships, including recharge and discharge 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 acid-
ic, toxic or other contaminated water. Where the for-
mation of acidic, toxic or other contaminated water
occurs despite the use of such technology standard,
mineral activities shall be conducted using such tech-
nology 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 producing
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, agricultural, 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 estab-
lished in paragraph (10) of section 204(b).
(5) SURFACE RESTORATION.—(A) Except as pro-
vided in paragraph (7), the surface area disturbed by
mineral activities shall be revegetated and shaped,
graded, and contoured to the extent practicable to
blend with the surrounding topography. Backfilling of
an open pit mine shall be required only if the Sec-
retary, or for National Forest System lands the Sec-
retary of Agriculture, finds that such open pit or par-
tially 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 para-
graph (6).
(6) VEGETATION.—(A) The area subject to min-
eral activities shall be vegetated in order to establish
a diverse, effective and permanent vegetative cover of
the same seasonal variety native to the area subject
to mineral activities, capable of self-regeneration 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 dis-
cretion of the Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, if such intro-
duction of such species is consistent with subsection
(a). In such instances where the complete backfill of
an open mine pit is not required under paragraph
(5), such Secretary shall prescribe such vegetation re-
quirements 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, irriga-
tion or other work, except that such period shall be
10 full years where the annual average precipitation
is 26 inches or less. The period may be for a longer
time at the discretion of the Secretary concerned
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 min-
eral activities to ensure protection of the public and
the environment, and management of fish and wild-
life and livestock.
(9) STRUCTURES.—All buildings, structures or
equipment constructed, used or improved during min-
eral activities shall be removed, unless the Secretary
concerned in consultation with the affected land man-
aging agency, determines that use of the buildings,
structures or equipment would be consistent with sub-
section (a) or for environmental monitoring and the
Secretary concerned takes ownership of such struc-
tures.
(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 completion
of the approved exploration and the commencement of fur-
ther mineral activities, not to exceed 2 years, if the operator
maintains a sufficient financial assurance to reclaim the
disturbed surface should further mineral activities not be
authorized. The Secretary concerned shall prescribe stand-
ards 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 pre-
viously 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 require-
ments of this Act, the Secretary, or for National For-
est System lands the Secretary of Agriculture, 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 ac-
tivities.
(4) The term ‘‘subgrade ore’’ means ore that is
too low in grade to be processed at the time of extrac-
tion 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 re-
quirement in State law or regulation that meets or exceeds
the requirements of section 207 shall not be construed 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 sec-
tion 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 solid waste, or air or water quality, standard
or requirement of any State law or regulation, or of tribal
law or regulation, which may be applicable to mineral ac-
tivities 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 Secretary, or
for National Forest System lands the Secretary of Agri-
culture, 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 addition
to lands subject to this Act, in order to approve a plan of
operations the Secretary concerned shall enter into a coop-
erative agreement with the State that sets forth a common
regulatory framework consistent with the surface manage-
ment requirements of this Act for the purposes of such plan
of operations.
(3) The Secretary concerned shall not enter into a co-
operative agreement with any State under this section until
after notice in the Federal Register and opportunity for
public comment.
(d) PRIOR AGREEMENTS.—Any cooperative agreement
or such other understanding between the Secretary con-
cerned and any State, or political subdivision thereof, relat-
ing 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 understanding 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 For-
est System lands the Secretary of Agriculture, shall not del-
egate to any State, or political subdivision thereof, the Sec-
retary’s authorities, duties and obligations under this Act,
including with respect to any cooperative agreements en-
tered into under this section.
(f) PREEMPTION.—The requirements of this Act shall
preempt any conflicting requirements of any State, or polit-
ical 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 Secretary’s
responsibilities under the Federal Land Policy and Man-
agement Act of 1976, and the Secretary of Agriculture, in
carrying out the Secretary’s responsibilities under the For-
est 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 activi-
ties 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 para-
graph (3), require protection from the effects of mineral ac-
tivities.
(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 Historic Places.
(C) The designation of all or any portion of such
area or any adjacent area as a National Conservation
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 cri-
teria.
(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 un-
suitable for all types of mineral activities or conditionally
suitable for certain types of mineral activities. Such review
and determination shall precede the final decision on the
permit application.
(2) The Secretary concerned shall use such review in
the next revision or significant amendment to the applicable
land use plan to the extent necessary to reflect the
unsuitability or conditional suitability of such lands.
(d) EFFECT OF DETERMINATION.—(1) In any instance
in which a determination of unsuitability is made for any
area in accordance with subsection (b)(1), all mineral ac-
tivities shall be prohibited in such area, and the Secretary
shall (with the consent of the Secretary of Agriculture for
National Forest System lands) withdraw such area pursu-
ant to section 204 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1714). The Secretary’s deter-
mination under this section shall constitute the documenta-
tion 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 affect-
ing lands where mineral activities were being conducted on
the date of enactment of this Act under approved plans of
operations or under notice (as provided for in the regula-
tions 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 prohib-
iting either Secretary from regulating such activities in ac-
cordance with other authority of law. As used in this para-
graph, the term ‘‘substantial legal and financial commit-
ments’’ means, with respect to a specific site, significant
investments, expenditures, or undertakings that have been
made to explore or develop any mining claim or and mill-
site located at such site under the general mining laws or
converted under this Act, such as but not limited to: con-
tracts for minerals produced; construction; contracts for the
construction; or commitment to raise capital for the con-
struction of processing, beneficiation, extraction, or refining
facilities, or transportation or utility infrastructure; explo-
ration activities conducted to delineate proven or probable
ore reserves; acquisition of mining claims (but only if such
acquisition is part of other significant investments 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 expenditures 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 Agri-
culture, shall review all administrative withdrawals of land
under such Secretary’s jurisdiction (other than wilderness
study areas) to determine whether the revocation or modi-
fication of such withdrawal for the purpose of allowing 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 imposi-
tion of any conditions as a result to the review proc-
ess 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 Sec-
retary may issue a revocation or modification of such ad-
ministrative withdrawals as he deems appropriate by rea-
son 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
LOCATABLE MINERALS MINE
RECLAMATION 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 Rec-
lamation 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 Sec-
retary’s judgment, required to meet current withdrawals.
The Secretary of the Treasury shall invest such portion 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, taking into
consideration current market yields on outstanding market-
place obligations of the United States of comparable matu-
rities. 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 (relating
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, asso-
ciations, and foundations for the purposes of this
title.
(5) All amounts referred to in section 306 (relat-
ing 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 appro-
priation, for payment of the costs of administering this Act.
SEC. 302. USE AND OBJECTIVES OF THE FUND.
(a) IN GENERAL.—The Secretary is authorized, subject
to appropriations, to use moneys in the Fund for the rec-
lamation and restoration of land and water resources ad-
versely 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 control
of water pollution created by abandoned mine drain-
age.
(2) Reclamation and restoration of abandoned
surface and underground mined areas.
(3) Reclamation and restoration of abandoned
milling and processing areas.
(4) Backfilling, sealing, or otherwise controlling,
abandoned underground mine entries.
(5) Revegetation of land adversely affected by
past mineral activities to prevent erosion and sedi-
mentation and to enhance wildlife habitat.
(6) Control of surface subsidence due to aban-
doned underground mines.
(b) PRIORITIES.—Expenditure of moneys from the
Fund shall reflect the following priorities in the order
stated:
(1) The protection of public health, safety, gen-
eral welfare and property from extreme danger from
the adverse effects of past mineral activities, espe-
cially as relates to surface water and groundwater
contaminates.
(2) The protection of public health, safety, and
general welfare from the adverse effects of past min-
eral activities.
(3) The restoration of land and water resources
previously degraded by the adverse effects of past
mineral activities.
(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 habi-
tat for wildlife in existence prior to the commencement of
such activities.
(d) OTHER AFFECTED LANDS.—Where mineral explo-
ration, 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