(I) shall include provisions to address and 
resolve disputes. 
(f) TERMINATION OF SCOPING STAGE CONSULTA-
TION WITHOUT A MEMORANDUM OF AGREEMENT.—The 
agency shall make a good faith effort through sustained 
interaction and collaboration to reach a consensus result-
ing in a memorandum of agreement. If, after a good faith 
effort and a reasonable amount of time given the nature 
and complexities of the proposed activity and potential im-
pacts, the agency determines that further consultation will 
not be productive, it may terminate consultation by pro-
viding all consultation partners with a written notification 
and explanation for its decision, signed by the head of the 
agency, and proceed to the decision stage procedures de-
scribed in section 204. Any decision by an agency to termi-
nate consultation must be supported by an adequate docu-
mentation and evidence of its good faith efforts and the 
basis for its decision. The affected Indian Tribes may at 
any point decide to terminate consultation. In case of ter-
mination by either party, the agency shall provide the af-
fected Indian Tribes or other affected parties with the op-
portunity to submit a written statement, explanation, or 
comment on the consultation proceedings that will become 
part of the agency’s official consultation record. 
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SEC. 204. DECISION STAGE PROCEDURES. 
(a) PROPOSAL DOCUMENT.—The agency shall com-
pile a document consisting of the plan for the activity, its 
anticipated impacts to Tribal interests, any memorandum 
of agreement, and any written statements made by con-
sulting partners during the scoping stage as described in 
section 203. The agency shall include sufficient supporting 
documentation to the extent permitted by law and within 
available funds to enable any reviewing parties to under-
stand its basis. The agency may use documentation pre-
pared to comply with other laws to fulfill the requirements 
of this provision to the extent that such documentation 
is sufficiently pertinent to and focused on the relevant 
issues as to allow reasonable ease of review. The agency 
shall mail and, if possible, email a copy of the Proposal 
Document to all affected Indian Tribes and stakeholders, 
including those that withdrew from the process. At a min-
imum, the document shall go to the Tribal leader, all 
members of any elected Tribal governing body, and stake-
holders. The agency shall follow up to confirm receipt of 
the document. After these steps have been completed, the 
Proposal Document shall be published in the Federal Reg-
ister, subject to the provisions of section 207. 
(b) PUBLIC COMMENT PERIOD.—The agency shall 
provide a period of not less than 90 days after publication 
in the Federal Register for comments on the Proposal 
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Document. A reasonable extension shall be granted upon 
request of not less than 30 days by any member of any 
of the affected Indian Tribal governing bodies or a stake-
holder. 
(c) PRELIMINARY DECISION.—After expiration of the 
comment period, the agency shall prepare a preliminary 
decision letter, signed by the head of the agency. The let-
ter shall state the decision to proceed or not proceed with 
the mineral activity, the decision’s rationale, any changes 
in the proposal made in response to comments, and any 
points where the decision conflicts with the expressed re-
quests of any of the affected Indian Tribes or stake-
holders. It shall particularly address why the decision was 
made to disregard any such requests. The agency shall 
mail and, if possible, email a copy of the letter to all af-
fected Indian Tribes and stakeholders, including those 
that withdrew from the process. At a minimum, the letter 
shall go to the Tribal leader, all members of the Tribal 
governing body, and stakeholders. The agency shall follow 
up to confirm receipt of the letter. 
(d) FINAL DECISION.—The agency shall provide a 
60-day period following the issuance of the preliminary de-
cision letter for response by the affected Indian Tribes and 
stakeholders. Thereafter, the agency shall notify in writ-
ing, signed by the head of the agency, the affected Indian 
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Tribes and stakeholders, including those that withdrew 
from the process, of the agency’s final decision. 
SEC. 205. DOCUMENTATION AND REPORTING. 
(a) OFFICIAL CONSULTATION RECORD.—The agency 
shall keep an official consultation record that allows accu-
rate tracking of the process so that agencies and con-
sulting parties can correct any errors or omissions, and 
provides an official record of the process that can be re-
ferred to in any litigation that may arise. The agency shall 
document all efforts to initiate consultation as well as doc-
umenting the process once it has begun. Such documenta-
tion, including correspondence, telephone logs, and emails, 
shall be included in the agency’s official consultation 
record. The agency shall also keep notes so that the con-
sultation record documents the content of consultation 
meetings, site visits, and phone calls in addition to infor-
mation about dates and who participated. 
(b) 
PAYMENT
FOR
TRIBAL
DOCUMENTATION 
WORK.—If the agency asks an Indian Tribe for specific 
information or documentation regarding the location, na-
ture, and condition of individual sites, to conduct a survey, 
or in any way fulfill the duties of the agency in a role 
similar to that of a consultant or contractor, then the 
agency must pay for such services, if so requested by the 
Indian Tribe, as it would for any private consultant or 
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contractor. An Indian Tribe may select a contractor to 
perform such work on its behalf, to be paid for by the 
agency. 
(c) REPORT TO CONGRESS.—Each agency shall on a 
biennial basis submit to Congress a report on its consulta-
tion activities. 
SEC. 206. IMPLEMENTATION. 
Not later than 30 days after the date of enactment 
of this Act, the head of each agency shall designate an 
official with principal responsibility for the agency’s review 
of existing consultation and coordination policies and pro-
cedures, and implementation of this Act. Not later than 
60 days after the effective date of this order, the des-
ignated official shall submit to the Office of Management 
and Budget a description of the agency’s revised consulta-
tion process in conformity with this Act. 
SEC. 207. SENSITIVE TRIBAL INFORMATION. 
(a) CLOSED MEETINGS.—Notwithstanding any provi-
sion of the Administrative Procedures Act, consultation 
meetings shall be closed to the public at the request of 
the Indian Tribal Government. 
(b) SENSITIVE INFORMATION.—Notwithstanding any 
provision of section 552 of title 5, United States Code 
(commonly known as the Freedom of Information Act), 
the Administrative Procedures Act, or any other applicable 
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TITLE 
III—ENVIRONMENTAL 
CONSIDERATIONS 
OF 
MIN-
ERAL EXPLORATION AND DE-
VELOPMENT 
SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON 
FEDERAL LAND. 
Notwithstanding section 302(b) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1732(b)), 
the first section of the Act of June 4, 1897 (chapter 2; 
30 Stat. 36; 16 U.S.C. 478), and the National Forest 
Management Act of 1976 (16 U.S.C. 1600 et seq.), and 
in accordance with this title and applicable law, unless ex-
pressly stated otherwise in this Act, the Secretary shall 
ensure that mineral activities on any Federal land that 
is subject to a mining claim, millsite claim, tunnel site 
claim, or any authorization issued under title I of this Act 
are carefully controlled to prevent undue degradation of 
public lands and resources. 
SEC. 302. PERMITS. 
(a) PERMITS REQUIRED.—No person may engage in 
mineral activities on Federal land that may cause a dis-
turbance of surface resources, including land, air, ground 
water and surface water, and fish and wildlife, unless a 
permit was issued to such person under this title author-
izing such activities. 
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(b) NEGLIGIBLE DISTURBANCE.—Notwithstanding 
subsection (a), a permit under this title shall not be re-
quired for mineral activities that are a casual use of the 
Federal land. 
(c) COORDINATION
WITH
NATIONAL
ENVIRON-
MENTAL POLICY ACT PROCESS.—The Secretary and the 
Secretary of Agriculture shall conduct the permit proc-
esses under this Act in accordance with the timing and 
other requirements under section 102 of the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4332). To the 
extent practicable, the Secretary and Secretary of Agri-
culture shall coordinate the permit process. 
SEC. 303. EXPLORATION PERMIT. 
(a) AUTHORIZED EXPLORATION ACTIVITY.—Any ap-
plicant may apply for an exploration permit for any min-
ing claim, license, or lease authorizing the applicant to re-
move a reasonable amount of the hardrock minerals, as 
defined in the license or lease or established in such regu-
lations as the Secretary shall promulgate, from the area 
that is subject to the claim, license, or lease, respectively, 
for analysis, study, and testing. Such permit shall not au-
thorize the applicant to remove any mineral for sale nor 
to conduct any activities other than those required for ex-
ploration for hardrock minerals and reclamation. 
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(b) PERMIT APPLICATION REQUIREMENTS.—An ap-
plication for an exploration permit under this section shall 
be submitted in a manner satisfactory to the Secretary 
concerned, and shall contain an exploration plan, a rec-
lamation plan for the proposed exploration, and such docu-
mentation as necessary to ensure compliance with applica-
ble Federal and State environmental laws and regulations. 
(c) RECLAMATION PLAN REQUIREMENTS.—The rec-
lamation plan required to be included in a permit applica-
tion under subsection (b) shall include such provisions as 
may be jointly prescribed by the Secretary and the Sec-
retary of Agriculture by regulations. Such regulations 
shall, at a minimum, require the following: 
(1) The applicant has demonstrated that pro-
posed reclamation can be accomplished. 
(2) The proposed exploration activities and con-
dition of the land after the completion of exploration 
activities and final reclamation will conform with the 
land use plan applicable to the area subject to min-
eral activities. 
(3) The area subject to the proposed permit is 
not included within an area listed in section 111. 
(4) The applicant has demonstrated that the 
exploration plan and reclamation plan will be in 
compliance with the requirements of this Act and all 
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other applicable Federal requirements, and any 
State requirements agreed to by the Secretary con-
cerned. 
(5) The applicant has demonstrated that the re-
quirements of section 306 will be met. 
(6) The applicant is eligible to receive a permit 
under section 305. 
(d) TERM OF PERMIT.—An exploration permit shall 
be for a stated term. The term shall be no greater than 
that necessary to accomplish the proposed exploration, 
and in no case for more than 10 years. 
(e) PERMIT MODIFICATION.—During the term of an 
exploration permit the permit holder may submit an appli-
cation to modify the permit. To approve a proposed modi-
fication to the permit, the Secretary concerned shall make 
the same determinations as are required in the case of 
an original permit, except that the Secretary and the Sec-
retary of Agriculture may specify by joint rule the extent 
to which requirements for initial exploration permits under 
this section shall apply to applications to modify an explo-
ration permit based on whether such modifications are 
deemed significant or minor. 
(f) TRANSFER, ASSIGNMENT, OR SALE OF RIGHTS.— 
(1) PRIOR WRITTEN APPROVAL.—No transfer, 
assignment, or sale of rights granted by a permit 
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issued under this section shall be made without the 
prior written approval of the Secretary concerned. 
(2) APPROVAL.—Such Secretary shall allow a 
person holding a permit to transfer, assign, or sell 
rights under the permit to a successor, if the Sec-
retary finds in writing that the successor— 
(A) is eligible to receive a permit under 
section 304; 
(B) has submitted evidence of financial as-
surance satisfactory under section 306; and 
(C) meets any other requirements specified 
by the Secretary. 
(3) ASSUMED LIABILITY.—The successor in in-
terest shall assume the liability and reclamation re-
sponsibilities established by the existing permit and 
shall conduct the mineral activities in full compli-
ance with this Act, and the terms and conditions of 
the permit as in effect at the time of transfer, as-
signment, or sale. 
(4) FEE.—Each application for approval of a 
permit transfer, assignment, or sale pursuant to this 
subsection shall be accompanied by a fee payable to 
the Secretary of the Interior in such amount as may 
be established by such Secretary. Such amount shall 
be equal to the actual or anticipated cost to the Sec-
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