(14) FIRE
PREVENTION
AND
CONTROL.—All 
applicable Federal and State fire laws and regula-
tions shall be complied with, including taking all rea-
sonable measures to prevent and suppress fire in the 
project area. 
(15) TEMPORARY
CESSATION.—During tem-
porary cessation of operations, the operator shall 
maintain the site, and take measures to stabilize the 
excavation and workings, control toxic or deleterious 
materials, and monitor site conditions. After a 5 
year cessation, the operator shall commence rec-
lamation as described in section 306. 
(c) SPECIAL RULE.—Reclamation activities for a 
mining claim that has been forfeited, relinquished, or 
lapsed, or a plan that has expired or been revoked or sus-
pended, shall continue subject to review and approval by 
the Secretary, or for National Forest System lands the 
Secretary of Agriculture. 
(d) DEFINITIONS.—As used in this section: 
(1) 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 (42 U.S.C. 3251 and 
following) or the Uranium Mill Tailings Radiation 
Control Act of 1978 (42 U.S.C. 7901 and following). 
(2) The term ‘‘ore piles’’ means ore stockpiled 
for beneficiation prior to the completion of mineral 
activities. 
(3) The term ‘‘subgrade ore’’ means ore that is 
too low in grade to be processed at the time of ex-
traction but which could reasonably be processed in 
the foreseeable future. 
(4) 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. 307. STATE LAW AND REGULATION. 
(a) STATE LAW.—(1) Any reclamation, land use, en-
vironmental, or public health protection standard or re-
quirement in State or local law or regulation that meets 
or exceeds the requirements of section 206 shall not be 
construed to be inconsistent with any such standard. 
(2) Any bonding standard or requirement in State or 
local law or regulation that meets or exceeds the require-
ments of section 305 shall not be construed to be incon-
sistent with such requirements. 
(3) Any inspection standard or requirement in State 
or local law or regulation that meets or exceeds the re-
quirements of section 503 shall not be construed to be in-
consistent with such requirements. 
(b) APPLICABILITY
OF OTHER STATE REQUIRE-
MENTS.—(1) Nothing in this Act shall be construed as af-
fecting any toxic substance, solid waste, or air or water 
quality, standard or requirement of any State, county, 
local, or tribal law or regulation, which may be applicable 
to mineral activities on lands subject to this Act. 
(2) Nothing in this Act shall be construed as affecting 
in any way the right of any person to enforce or protect, 
under applicable law, such person’s interest in water re-
sources affected by mineral activities on lands subject to 
this Act. 
(c) COOPERATIVE AGREEMENTS.—(1) Any State 
may enter into a cooperative agreement with the Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, for the purposes of such Secretary applying 
such standards and requirements referred to in subsection 
(a) and subsection (b) to mineral activities or reclamation 
on lands subject to this Act.
(2) In such instances where the proposed mineral ac-
tivities would affect lands not subject to this Act in addi-
tion to lands subject to this Act, in order to approve a 
plan of operations the Secretary concerned shall enter into 
a cooperative agreement with the State that sets forth a 
common regulatory framework consistent with the envi-
ronmental protection requirements of this Act for the pur-
poses of such plan of operations. 
(3) The Secretary concerned shall not enter into a 
cooperative agreement with any State under this section 
until after notice in the Federal Register and opportunity 
for public comment and hearing. 
(d) PRIOR AGREEMENTS.—Any cooperative agree-
ment or such other understanding between the Secretary 
concerned and any State, or political subdivision thereof, 
relating to the 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 one 
year after the date of enactment of this Act. During such 
one-year period, the State and the Secretary shall review 
the terms of the agreement and make changes that are 
necessary to be consistent with this Act. 
(e) DELEGATION.—The Secretary, or for National 
Forest System lands the Secretary of Agriculture, shall 
not delegate to any State, or political subdivision thereof,
the Secretary’s authorities, duties, and obligations under 
this Act, including with respect to any cooperative agree-
ments entered into under this section. 
(f) PREEMPTION.—Subject to section 514(b), the re-
quirements of this Act shall preempt any conflicting re-
quirements of any State, or political subdivision thereof 
relating to mineral activities for locatable minerals. 
SEC. 308. CERTAIN MINERAL ACTIVITIES COVERED BY 
OTHER LAW. 
This title shall not apply to any mineral activities 
that are subject to the Stockraising Homestead Acts (43 
U.S.C. 218 and following). 
TITLE 
IV—ABANDONED 
LOCATABLE MINERALS MINE 
RECLAMATION FUND 
SEC. 401. ABANDONED LOCATABLE MINERALS MINE REC-
LAMATION. 
(a) ESTABLISHMENT.—(1) There is established on 
the books of the Treasury of the United States a trust 
fund to be known as the Abandoned Locatable Minerals 
Mine Reclamation Fund (hereinafter in this title referred 
to as the ‘‘Fund’’). The Fund shall be administered by 
the Secretary acting through the Director of the Office 
of Surface Mining Reclamation and Enforcement.
(2) The Secretary shall notify the Secretary of the 
Treasury as to what portion of the Fund is not, in the 
Secretary’s judgment, required to meet current with-
drawals. The Secretary of the Treasury shall invest such 
portion of the Fund in public debt securities with matu-
rities suitable for the needs of such Fund and bearing in-
terest at rates determined by the Secretary of the Treas-
ury, taking into consideration current market yields on 
outstanding marketplace obligations of the United States 
of comparable maturities. The income on such investments 
shall be credited to, and form a part of, the Fund. 
(b) AMOUNTS.—The following amounts shall be cred-
ited to the Fund: 
(1) All moneys received from the collection of 
claim maintenance fees under section 102. 
(2) All moneys collected pursuant to section 
109 (relating to failure to comply), section 506 (re-
lating to enforcement) and section 504 (relating to 
citizens suits). 
(3) All permit fees and transfer fees received 
under section 303. 
(4) All donations by persons, corporations, as-
sociations, and foundations for the purposes of this 
title.