110
for reclamation and restoration under subsection (a) for
all directly affected lands.
(e) RESPONSE OR REMOVAL ACTIONS.—Reclamation
and restoration activities under this subtitle which con-
stitute a removal or remedial action under section 101 of
the Comprehensive Environmental Response, Compensa-
tion and Liability Act of 1980, shall be conducted with
the concurrence of the Administrator of the Environ-
mental Protection Agency. The Secretary and the Admin-
istrator shall enter into a Memorandum of Understanding
to establish procedures for consultation, concurrence,
training, exchange of technical expertise and joint activi-
ties under the appropriate circumstances, which provide
assurances that reclamation or restoration activities under
this subtitle, to the extent practicable, shall not be con-
ducted in a manner that increases the costs or likelihood
of removal or remedial actions under the Comprehensive
Environmental Response, Compensation and Liability Act
of 1980, and which avoid oversight by multiple agencies
to the maximum extent practicable.
SEC. 233. ELIGIBLE LANDS AND WATERS.
(a) ELIGIBILITY.—Reclamation expenditures under
this subtitle may only be made with respect to Federal
lands or Indian lands or water resources that traverse or
are contiguous to Federal lands or Indian lands where
111
such lands or waters resources have been affected by past
mineral activities, including any of the following:
(1) Lands and water resources which were used
for, or affected by, mineral activities and abandoned
or left in an inadequate reclamation status before
the effective date of this Act.
(2) Lands for which the Secretary makes a de-
termination that there is no continuing reclamation
responsibility of a claim holder, operator, or other
person who abandoned the site prior to completion
of required reclamation under State or other Federal
laws.
(3) Lands for which it can be established that
such lands do not contain locatable minerals which
could economically be extracted through the reproc-
essing or remining of such lands, unless such consid-
erations are in conflict with the priorities set forth
under paragraphs (1) and (2) of section 232(b).
(b) SPECIFIC SITES AND AREAS NOT ELIGIBLE.—
The provisions of section 411(d) of the Surface Mining
Control and Reclamation Act of 1977 shall apply to ex-
penditures made from the Fund established under this
subtitle.
(c) INVENTORY.—The Secretary shall prepare and
maintain an inventory of abandoned locatable minerals
112
mines on Federal lands and any abandoned mine on In-
dian lands which may be eligible for expenditures under
this subtitle.
SEC. 234. FUND EXPENDITURES.
Moneys available from the Fund may be expended for
the purposes specified in section 232 directly by the Direc-
tor of the Office of Surface Mining Reclamation and En-
forcement. The Director may also make such money avail-
able for such purposes to the Director of the Bureau of
Land Management, the Chief of the United States Forest
Service, the Director of the National Park Service, Direc-
tor of the United States Fish and Wildlife Service, to any
other agency of the United States, to an Indian tribe, or
to any public entity that volunteers to develop and imple-
ment, and that has the ability to carry out, all or a signifi-
cant portion of a reclamation program under this subtitle.
SEC. 235. AUTHORIZATION OF APPROPRIATIONS.
Amounts credited to the Fund are authorized to be
appropriated for the purpose of this subtitle without fiscal
year limitation.
SEC. 236. ROYALTY.
(a) RESERVATION OF ROYALTY.—Production of all
locatable minerals from any mining claim located or con-
verted under this title, or mineral concentrates or products
derived from locatable minerals from any mining claim lo-
113
cated or converted under this title, as the case may be,
shall be subject to a royalty of 8 percent of the net smelter
return from such production. The claimholder and any op-
erator to whom the claimholder has assigned the obliga-
tion to make royalty payments under the claim and any
person who controls such claimholder or operator shall be
jointly and severally liable for payment of such royalties.
(b) DUTIES OF CLAIM HOLDERS, OPERATORS, AND
TRANSPORTERS.—(1) A person—
(A) who is required to make any royalty pay-
ment under this section shall make such payments
to the United States at such times and in such man-
ner as the Secretary may by rule prescribe; and
(B) shall notify the Secretary, in the time and
manner as may be specified by the Secretary, of any
assignment that such person may have made of the
obligation to make any royalty or other payment
under a mining claim.
(2) Any person paying royalties under this section
shall file a written instrument, together with the first roy-
alty payment, affirming that such person is liable to the
Secretary for making proper payments for all amounts due
for all time periods for which such person has a payment
responsibility. Such liability for the period referred to in
the preceding sentence shall include any and all additional
114
amounts billed by the Secretary and determined to be due
by final agency or judicial action. Any person liable for
royalty payments under this section who assigns any pay-
ment obligation shall remain jointly and severally liable
for all royalty payments due for the claim for the period.
(3) A person conducting mineral activities shall—
(A) develop and comply with the site security
provisions in operations permit designed to protect
from theft the locatable minerals, concentrates or
products derived therefrom which are produced or
stored on a mining claim, and such provisions shall
conform with such minimum standards as the Sec-
retary may prescribe by rule, taking into account the
variety of circumstances on mining claims; and
(B) not later than the 5th business day after
production begins anywhere on a mining claim, or
production resumes after more than 90 days after
production was suspended, notify the Secretary, in
the manner prescribed by the Secretary, of the date
on which such production has begun or resumed.
(4) The Secretary may by rule require any person en-
gaged in transporting a locatable mineral, concentrate, or
product derived therefrom to carry on his or her person,
in his or her vehicle, or in his or her immediate control,
documentation showing, at a minimum, the amount, ori-
115
gin, and intended destination of the locatable mineral, con-
centrate, or product derived therefrom in such cir-
cumstances as the Secretary determines is appropriate.
(c) RECORDKEEPING
AND REPORTING REQUIRE-
MENTS.—(1) A claim holder, operator, or other person di-
rectly involved in developing, producing, processing, trans-
porting, purchasing, or selling locatable minerals, con-
centrates, or products derived therefrom, subject to this
title, through the point of royalty computation shall estab-
lish and maintain any records, make any reports, and pro-
vide any information that the Secretary may reasonably
require for the purposes of implementing this section or
determining compliance with rules or orders under this
section. Such records shall include, but not be limited to,
periodic reports, records, documents, and other data. Such
reports may also include, but not be limited to, pertinent
technical and financial data relating to the quantity, qual-
ity, composition volume, weight, and assay of all minerals
extracted from the mining claim. Upon the request of any
officer or employee duly designated by the Secretary or
any State conducting an audit or investigation pursuant
to this section, the appropriate records, reports, or infor-
mation which may be required by this section shall be
made available for inspection and duplication by such offi-
cer or employee or State.
116
(2) Records required by the Secretary under this sec-
tion shall be maintained for 6 years after release of finan-
cial assurance under section 216 unless the Secretary noti-
fies the operator that he or she has initiated an audit or
investigation involving such records and that such records
must be maintained for a longer period. In any case when
an audit or investigation is underway, records shall be
maintained until the Secretary releases the operator of the
obligation to maintain such records.
(d) AUDITS.—The Secretary is authorized to conduct
such audits of all claim holders, operators, transporters,
purchasers, processors, or other persons directly or indi-
rectly involved in the production or sales of minerals cov-
ered by this title, as the Secretary deems necessary for
the purposes of ensuring compliance with the require-
ments of this section. For purposes of performing such
audits, the Secretary shall, at reasonable times and upon
request, have access to, and may copy, all books, papers
and other documents that relate to compliance with any
provision of this section by any person.
(e) COOPERATIVE AGREEMENTS.—(1) The Secretary
is authorized to enter into cooperative agreements with the
Secretary of Agriculture to share information concerning
the royalty management of locatable minerals, con-
centrates, or products derived therefrom, to carry out in-
117
spection, auditing, investigation, or enforcement (not in-
cluding the collection of royalties, civil or criminal pen-
alties, or other payments) activities under this section in
cooperation with the Secretary, and to carry out any other
activity described in this section.
(2) Except as provided in paragraph (4)(A) of this
subsection (relating to trade secrets), and pursuant to a
cooperative agreement, the Secretary of Agriculture shall,
upon request, have access to all royalty accounting infor-
mation in the possession of the Secretary respecting the
production, removal, or sale of locatable minerals, con-
centrates, or products derived therefrom from claims on
lands open to location under this title.
(3) Trade secrets, proprietary, and other confidential
information shall be made available by the Secretary pur-
suant to a cooperative agreement under this subsection to
the Secretary of Agriculture upon request only if—
(A) the Secretary of Agriculture consents in
writing to restrict the dissemination of the informa-
tion to those who are directly involved in an audit
or investigation under this section and who have a
need to know;
(B) the Secretary of Agriculture accepts liabil-
ity for wrongful disclosure; and
118
(C) the Secretary of Agriculture demonstrates
that such information is essential to the conduct of
an audit or investigation under this subsection.
(f) INTEREST AND SUBSTANTIAL UNDERREPORTING
ASSESSMENTS.—(1) In the case of mining claims where
royalty payments are not received by the Secretary on the
date that such payments are due, the Secretary shall
charge interest on such underpayments at the same inter-
est rate as is applicable under section 6621(a)(2) of the
Internal Revenue Code of 1986. In the case of an under-
payment, interest shall be computed and charged only on
the amount of the deficiency and not on the total amount.
(2) If there is any underreporting of royalty owed on
production from a claim for any production month by any
person liable for royalty payments under this section, the
Secretary may assess a penalty of 10 percent of the
amount of that underreporting.
(3) If there is a substantial underreporting of royalty
owed on production from a claim for any production
month by any person responsible for paying the royalty,
the Secretary may assess a penalty of 10 percent of the
amount of that underreporting.
(4) For the purposes of this subsection, the term
‘‘substantial underreporting’’ means the difference be-
tween the royalty on the value of the production which
119
should have been reported and the royalty on the value
of the production which was reported, if the value which
should have been reported is greater than the value which
was reported. An underreporting constitutes a ‘‘substan-
tial underreporting’’ if such difference exceeds 10 percent
of the royalty on the value of production which should
have been reported.
(5) The Secretary shall not impose the assessment
provided in paragraph (2) or (3) of this subsection if the
person liable for royalty payments under this section cor-
rects the underreporting before the date such person re-
ceives notice from the Secretary that an underreporting
may have occurred, or before 90 days after the date of
the enactment of this section, whichever is later.
(6) The Secretary shall waive any portion of an as-
sessment under paragraph (2) or (3) of this subsection
attributable to that portion of the underreporting for
which the person responsible for paying the royalty dem-
onstrates that—
(A) such person had written authorization from
the Secretary to report royalty on the value of the
production on basis on which it was reported, or
(B) such person had substantial authority for
reporting royalty on the value of the production on
the basis on which it was reported, or
120
(C) such person previously had notified the Sec-
retary, in such manner as the Secretary may by rule
prescribe, of relevant reasons or facts affecting the
royalty treatment of specific production which led to
the underreporting, or
(D) such person meets any other exception
which the Secretary may, by rule, establish.
(7) All penalties collected under this subsection shall
be deposited in the Fund.
(g) DELEGATION.—For the purposes of this section,
the term ‘‘Secretary’’ means the Secretary of the Interior
acting through the Director of the Minerals Management
Service.
(h) EXPANDED ROYALTY OBLIGATIONS.—Each per-
son liable for royalty payments under this section shall
be jointly and severally liable for royalty on all locatable
minerals, concentrates, or products derived therefrom lost
or wasted from a mining claim located or converted under
this section when such loss or waste is due to negligence
on the part of any person or due to the failure to comply
with any rule, regulation, or order issued under this sec-
tion.
(i) EXCEPTION.—No royalty shall be payable under
subsection (a) with respect to minerals processed at a fa-
cility by the same person or entity which extracted the
121
minerals if an urban development action grant has been
made under section 119 of the Housing and Community
Development Act of 1974 with respect to any portion of
such facility.
(j) DEFINITION.—For the proposes of this section,
for any locatable mineral, the term ‘‘net smelter return’’
shall have the same meaning as the term defined in section
613(c)(1) of the Internal Revenue Code of 1986.
(k) EFFECTIVE DATE.—The royalty under this sec-
tion shall take effect with respect to the production of
locatable minerals after the enactment of this Act, but any
royalty payments attributable to production during the
first 12 calendar months after the enactment of this Act
shall be payable at the expiration of such 12-month period.
Subtitle D—Administrative and
Miscellaneous Provisions
PART 1—ADMINISTRATIVE PROVISIONS
SEC. 241. POLICY FUNCTIONS.
(a) MINERALS POLICY.—Section 2 of the Mining and
Minerals Policy Act of 1970 (30 U.S.C. 21a) is amended
by adding at the end thereof the following: ‘‘It shall also
be the responsibility of the Secretary of Agriculture to
carry out the policy provisions of paragraphs (1) and (2)
of this section.’’.
122
(b) MINERAL DATA.—Section 5(e)(3) of the National
Materials and Minerals Policy, Research and Development
Act of 1980 (30 U.S.C. 1604) is amended by inserting
before the period the following: ‘‘, except that for National
Forest System lands the Secretary of Agriculture shall
promptly initiate actions to improve the availability and
analysis of mineral data in Federal land use decisionmak-
ing’’.
SEC. 242. USER FEES.
The Secretary and the Secretary of Agriculture are
each authorized to establish and collect from persons sub-
ject to the requirements of this title such user fees as may
be necessary to reimburse the United States for the ex-
penses incurred in administering such requirements. Fees
may be assessed and collected under this section only in
such manner as may reasonably be expected to result in
an aggregate amount of the fees collected during any fiscal
year which does not exceed the aggregate amount of ad-
ministrative expenses referred to in this section.
SEC. 243. PUBLIC PARTICIPATION REQUIREMENTS.
(a) OPERATIONS PERMIT.—(1) Concurrent with sub-
mittal of an application for an operations permit under
section 214 or a renewal or significant modification there-
of, the applicant shall publish a notice in a newspaper of
local circulation at least once a week for 4 consecutive
123
weeks. The notice shall include: the name of the applicant,
the location of the proposed mineral activities, the type
and expected duration of the proposed mineral activities,
the proposed use of the land after the completion of min-
eral activities and a location where such plans are publicly
available. The applicant shall also notify in writing other
Federal, State and local government agencies and Indian
tribes that regulate mineral activities or land planning de-
cisions in the area subject to mineral activities or that
manage lands adjacent to the area subject to mineral ac-
tivities. The applicant shall provide proof of such notifica-
tion to the Secretary, or for National Forest System lands
the Secretary of Agriculture.
(2) The applicant for an operations permit shall make
copies of the complete permit application available for
public review at the office of the responsible Federal sur-
face management agency located nearest to the location
of the proposed mineral activities, and at such other public
locations deemed appropriate by the State or local govern-
ment for the county in which the proposed mineral activi-
ties will occur prior to final decision by the Secretary, or
for National Forest System lands the Secretary of Agri-
culture. Any person, and the authorized representative of
a Federal, State or local governmental agency or Indian
tribe, shall have the right to file written comments relating
124
to the approval or disapproval of the permit application
until 30 days after the last day of newspaper publication.
The Secretary concerned shall promptly make such com-
ments available to the applicant.
(3) Any person may file written comments during the
comment period specified in paragraph (2) and any person
who is, or may be, adversely affected by the proposed min-
eral activities may request a nonadjudicatory public hear-
ing to be held in the county in which the mineral activities
are proposed. The Secretary concerned shall consider all
written comments filed during such period. If a hearing
is requested by any person who is, or may be, adversely
affected by the proposed mineral activities, the Secretary
concerned shall consider such request and may conduct
such hearing. When a hearing is to be held, notice of such
hearing shall be published in a newspaper of local circula-
tion at least once a week for 2 weeks prior to the hearing
date.
SEC. 244. INSPECTION AND MONITORING.
(a) INSPECTIONS.—(1) The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture,
shall make inspections of mineral activities so as to ensure
compliance with the surface management requirements of
subtitle B.
125
(2) The Secretary concerned shall establish a fre-
quency of inspections for mineral activities conducted
under a permit issued under subtitle B, but in no event
shall such inspection frequency be less than one complete
inspection per calendar quarter or, two per calendar quar-
ter in the case of a permit for which the Secretary con-
cerned approves an application under section 214(g) (re-
lating to temporary cessation of operations). After revege-
tation has been established in accordance with a reclama-
tion plan, such Secretary shall conduct annually 2 com-
plete inspections. Such Secretary shall have the discretion
to modify the inspection frequency for mineral activities
that are conducted on a seasonal basis. Inspections shall
continue under this subsection until final release of finan-
cial assurance.
(3)(A) Any person who has reason to believe he or
she is or may be adversely affected by mineral activities
due to any violation of the surface management require-
ments may request an inspection. The Secretary, or for
National Forest System lands the Secretary of Agri-
culture, shall determine within 10 working days of receipt
of the request whether the request states a reason to be-
lieve that a violation exists. If the person alleges and pro-
vides reason to believe that an imminent threat to the en-
vironment or danger to the health or safety of the public
126
exists, the 10-day period shall be waived and the inspec-
tion shall be conducted immediately. When an inspection
is conducted under this paragraph, the Secretary con-
cerned shall notify the person requesting the inspection,
and such person shall be allowed to accompany the Sec-
retary concerned or the Secretary’s authorized representa-
tive during the inspection. The Secretary shall not incur
any liability for allowing such person to accompany an au-
thorized representative. The identity of the person supply-
ing information to the Secretary relating to a possible vio-
lation or imminent danger or harm shall remain confiden-
tial with the Secretary if so requested by that person, un-
less that person elects to accompany an authorized rep-
resentative on the inspection.
(B) The Secretaries shall, by joint rule, establish pro-
cedures for the review of (i) any decision by an authorized
representative not to inspect or (ii) any refusal by such
representative to ensure that remedial actions are taken
with respect to any alleged violation. The Secretary con-
cerned shall furnish such persons requesting the review
a written statement of the reasons for the Secretary’s final
disposition of the case.
(b) MONITORING.—(1) The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture,
shall require all operators to develop and maintain a mon-
127
itoring and evaluation system which shall identify compli-
ance with all surface management requirements.
(2) Monitoring shall be conducted as close as tech-
nically feasible to the mineral activity involved, and in all
cases such monitoring shall be conducted within the per-
mit area.
(3) The point of compliance referred to in paragraph
(1) shall be as close to the mineral activity involved as
is technically feasible, but in any event shall be located
to comply with applicable State and Federal standards.
In no event shall the point of compliance be outside the
permit area.
(4) The Secretary concerned may require additional
monitoring be conducted as necessary to assure compli-
ance with the reclamation and other environmental stand-
ards of this title.
(5) The operator shall file reports with the Secretary,
or for National Forest System lands the Secretary of Agri-
culture, on a frequency determined by the Secretary con-
cerned, on the results of the monitoring and evaluation
process, except that if the monitoring and evaluation show
a violation of the surface management requirements, it
shall be reported immediately to the Secretary concerned.
Information received pursuant to this subsection from any
natural person shall not be used against any such natural
128
person in any criminal case, except a prosecution for per-
jury or for giving a false statement. The Secretary shall
evaluate the reports submitted pursuant to this para-
graph, and based on those reports and any necessary in-
spection shall take enforcement action pursuant to this
section.
(6) The Secretary, or for National Forest System
lands the Secretary of Agriculture, shall determine what
information must be reported by the operator pursuant
to paragraph (5). A failure to report as required by the
Secretary concerned shall constitute a violation of this title
and subject the operator to enforcement action pursuant
to section 247.
SEC. 245. CITIZENS SUITS.
(a) IN GENERAL.—Except as provided in subsection
(b), any person having an interest which is or may be ad-
versely affected may commence a civil action on his or her
own behalf to compel compliance—
(1) against any person (including the Secretary
or the Secretary of Agriculture) alleged to have vio-
lated (if there is evidence the alleged violation has
been repeated), or to be in violation of, any of the
provisions of subtitle B or section 244 of this title
or any regulation promulgated pursuant to subtitle
B or section 244 of this title or any term or condi-
129
tion of any permit issued under subtitle B of this
title; or
(2) against the Secretary or the Secretary of
Agriculture where there is alleged a failure of such
Secretary to perform any act or duty under subtitle
B or section 244 of this title, or to promulgate any
regulation under subtitle B or section 244 of this
title, which is not within the discretion of the Sec-
retary concerned.
The United States district courts shall have jurisdiction
over actions brought under this section, without regard to
the amount in controversy or the citizenship of the parties,
including actions brought to apply any civil penalty under
this title. The district courts of the United States shall
have jurisdiction to compel agency action unreasonably de-
layed, except that an action to compel agency action
reviewable under section 246 may only be filed in a United
States District Court within the circuit in which such ac-
tion would be reviewable under section 246.
(b) EXCEPTIONS.—(1) No action may be commenced
under subsection (a) prior to 60 days after the plaintiff
has given notice in writing of such alleged violation to the
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, except that any such action may be
brought immediately after such notification if the violation
130
complained of constitutes an imminent threat to the envi-
ronment or to the health or safety of the public.
(2) No action may be brought against any person
other than the Secretary or the Secretary of Agriculture
under subsection (a)(1) if such Secretary has commenced
and is diligently prosecuting a civil or criminal action in
a court of the United States to require compliance.
(3) No action may be commenced under paragraph
(2) of subsection (a) against either Secretary to review any
rule promulgated by, or to any permit issued or denied
by such Secretary if such rule or permit issuance or denial
is judicially reviewable under section 246 or under any
other provision of law at any time after such promulga-
tion, issuance, or denial is final.
(c) VENUE.—Venue of all actions brought under this
section shall be determined in accordance with section
1391 of title 28 of the United States Code.
(d) INTERVENTION; NOTICE.—(1) In any action
under this section, the Secretary, or for National Forest
System lands the Secretary of Agriculture, may intervene
as a matter of right at any time. A judgment in an action
under this section to which the United States is not a
party shall not have any binding effect upon the United
States.
131
(2) Whenever an action is brought under this section
the plaintiff shall serve a copy of the complaint on the
Attorney General of the United States and on the Sec-
retary, or for National Forest System lands the Secretary
of Agriculture. No consent judgment shall be entered in
an action brought under this section in which the United
States is not a party prior to 45 days following the date
on which a copy of the proposed consent judgment is sub-
mitted to the Attorney General and the Secretary, or for
National Forest System lands the Secretary of Agri-
culture. During such 45-day period the Attorney General
or such Secretary may submit comments on the proposed
consent judgment to the court and parties or may inter-
vene as a matter of right.
(e) COSTS.—The court, in issuing any final order in
any action brought pursuant to this section may award
costs of litigation (including attorney and expert witness
fees) to any prevailing party whenever the court deter-
mines such award is appropriate. The court may, if a tem-
porary restraining order or preliminary injunction is
sought, require the filing of a bond or equivalent security
in accordance with the Federal Rules of Civil Procedure.
(f) SAVINGS CLAUSE.—Nothing in this section shall
restrict any right which any person (or class of persons)
may have under chapter 7 of title 5 of the United States
132
Code, under section 246 of this title or under any other
statute or common law to bring an action to seek any relief
against the Secretary or the Secretary of Agriculture or
against any other person, including any action for any vio-
lation of this title or of any regulation or permit issued
under this title or for any failure to act as required by
law. Nothing in this section shall affect the jurisdiction
of any court under any provision of title 28 of the United
States Code, including any action for any violation of this
title or of any regulation or permit issued under this title
or for any failure to act as required by law. Nothing in
this title shall be construed to be a waiver of the sovereign
immunity of an Indian tribe except as provided for in sec-
tion 212(c).
SEC. 246. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) REVIEW BY SECRETARY.—(1)(A) Any person is-
sued a notice of violation or cessation order under section
247, or any person having an interest which is or may
be adversely affected by such notice or order, may apply
to the Secretary, or for National Forest System lands the
Secretary of Agriculture, for review of the notice or order
within 30 days of receipt thereof, or as the case may be,
within 30 days of such notice or order being modified, va-
cated or terminated.
133
(B) Any person who is subject to a penalty assessed
under section 218, section 219(c), or section 247 may
apply to the Secretary concerned for review of the assess-
ment within 30 days of notification of such penalty.
(C) Any person having an interest which is or may
be adversely affected by a decision made by the Secretary
or the Secretary of Agriculture under section 213, 214,
215, 216, 219, or 244(a)(3) may apply to such Secretary
for review of the decision within 30 days after it is made.
(2) The Secretary concerned shall provide an oppor-
tunity for a public hearing at the request of any party
to the proceeding as specified in paragraph (1). The filing
of an application for review under this subsection shall not
operate as a stay of any order or notice issued under sec-
tion 247.
(3) For any review proceeding under this subsection,
the Secretary concerned shall make findings of fact and
shall issue a written decision incorporating therein an
order vacating, affirming, modifying or terminating the
notice, order or decision, or with respect to an assessment,
the amount of penalty that is warranted. Where the appli-
cation for review concerns a cessation order issued under
section 247, the Secretary concerned shall issue the writ-
ten decision within 30 days of the receipt of the applica-
tion for review or within 30 days after the conclusion of
134
any hearing referred to in paragraph (2), whichever is
later, unless temporary relief has been granted by the Sec-
retary concerned under paragraph (4).
(4) Pending completion of any review proceedings
under this subsection, the applicant may file with the Sec-
retary, or for National Forest System lands the Secretary
of Agriculture, a written request that the Secretary grant
temporary relief from any order issued under section 247
together with a detailed statement giving reasons for such
relief. The Secretary concerned shall expeditiously issue
an order or decision granting or denying such relief. The
Secretary concerned may grant such relief under such con-
ditions as he may prescribe only if such relief shall not
adversely affect the health or safety of the public or cause
significant, imminent environmental harm to land, air or
water resources.
(5) The availability of review under this subsection
shall not be construed to limit the operation of rights
under section 245.
(b) JUDICIAL REVIEW.—(1) Any final action by the
Secretaries of the Interior and Agriculture in promulgat-
ing regulations to implement this title, or any other final
actions constituting rulemaking to implement this title,
shall be subject to judicial review only in the United States
Court of Appeals for the District of Columbia. Any action
135
subject to judicial review under this subsection shall be
affirmed unless the court concludes that such action is ar-
bitrary, capricious, or otherwise inconsistent with law. A
petition for review of any action subject to judicial review
under this subsection shall be filed within 60 days from
the date of such action, or after such date if the petition
is based solely on grounds arising after the sixtieth day.
Any such petition may be made by any person who com-
mented or otherwise participated in the rulemaking or any
person who may be adversely affected by the action of the
Secretaries.
(2) Final agency action under this title, including
such final action on those matters described under sub-
section (a), shall be subject to judicial review in accord-
ance with paragraph (4) and pursuant to section 1391 of
title 28 of the United States Code on or before 60 days
from the date of such final action. Any action subject to
judicial review under this subsection shall be affirmed un-
less the court concludes that such action is arbitrary, ca-
pricious, or otherwise inconsistent with law.
(3) The availability of judicial review established in
this subsection shall not be construed to limit the oper-
ations of rights under section 245 (relating to citizens
suits).
136
(4) The court shall hear any petition or complaint
filed under this subsection solely on the record made be-
fore the Secretary or Secretaries concerned. The court
may affirm or vacate any order or decision or may remand
the proceedings to the Secretary or Secretaries for such
further action as it may direct.
(5) The commencement of a proceeding under this
section shall not, unless specifically ordered by the court,
operate as a stay of the action, order or decision of the
Secretary or Secretaries concerned.
(c) COSTS.—Whenever a proceeding occurs under
subsection (a) or (b), at the request of any person, a sum
equal to the aggregate amount of all costs and expenses
(including attorney fees) as determined by the Secretary
or Secretaries concerned or the court to have been reason-
ably incurred by such person for or in connection with par-
ticipation in such proceedings, including any judicial re-
view of the proceeding, may be assessed against either
party as the court, in the case of judicial review, or the
Secretary or Secretaries concerned in the case of adminis-
trative proceedings, deems proper if it is determined that
such party prevailed in whole or in part, achieving some
success on the merits, and that such party made a sub-
stantial contribution to a full and fair determination of
the issues.
137
SEC. 247. ENFORCEMENT.
(a) ORDERS.—(1) If the Secretary, or for National
Forest System lands the Secretary of Agriculture, or an
authorized representative of such Secretary, determines
that any person is in violation of any surface management
or monitoring requirement, such Secretary or authorized
representative shall issue to such person a notice of viola-
tion describing the violation and the corrective measures
to be taken. The Secretary concerned, or the authorized
representative of such Secretary, shall provide such person
with a period of time not to exceed 30 days to abate the
violation. Such period of time may be extended by the Sec-
retary concerned upon a showing of good cause by such
person. If, upon the expiration of time provided for such
abatement, the Secretary concerned, or the authorized
representative of such Secretary, finds that the violation
has not been abated he shall immediately order a cessation
of all mineral activities or the portion thereof relevant to
the violation.
(2) If the Secretary concerned, or the authorized rep-
resentative of the Secretary concerned, determines that
any condition or practice exists, or that any person is in
violation of any surface management or monitoring re-
quirement, and such condition, practice or violation is
causing, or can reasonably be expected to cause—
138
(A) an imminent danger to the health or safety
of the public; or
(B) significant, imminent environmental harm
to land, air, water, fish or wildlife resources;
such Secretary or authorized representative shall imme-
diately order a cessation of mineral activities or the por-
tion thereof relevant to the condition, practice or violation.
(3)(A) A cessation order pursuant to paragraphs (1)
or (2) shall remain in effect until such Secretary, or au-
thorized representative, determines that the condition,
practice or violation has been abated, or until modified,
vacated or terminated by the Secretary or authorized rep-
resentative. In any such order, the Secretary or authorized
representative shall determine the steps necessary to abate
the violation in the most expeditious manner possible and
shall include the necessary measures in the order. The
Secretary concerned shall require appropriate financial as-
surances to ensure that the abatement obligations are met.
(B) Any notice or order issued pursuant to para-
graphs (1) or (2) may be modified, vacated or terminated
by the Secretary concerned or an authorized representa-
tive of such Secretary. Any person to whom any such no-
tice or order is issued shall be entitled to a hearing on
the record.
139
(4) If, after 30 days of the date of the order referred
to in paragraph (3)(A) the required abatement has not
occurred the Secretary concerned shall take such alter-
native enforcement action against the claimholder or oper-
ator (or any person who controls the claimholder or opera-
tor) as will most likely bring about abatement in the most
expeditious manner possible. Such alternative enforcement
action may include, but is not necessarily limited to, seek-
ing appropriate injunctive relief to bring about abatement.
Nothing in this paragraph shall preclude the Secretary,
or for National Forest System lands the Secretary of Agri-
culture, from taking alternative enforcement action prior
to the expiration of 30 days.
(5) If a claimholder or operator (or any person who
controls the claimholder or operator) fails to abate a viola-
tion or defaults on the terms of the permit, the Secretary,
or for National Forest System lands the Secretary of Agri-
culture, shall forfeit the financial assurance for the plan
as necessary to ensure abatement and reclamation under
this title. The Secretary concerned may prescribe condi-
tions under which a surety may perform reclamation in
accordance with the approved plan in lieu of forfeiture.
(6) The Secretary, or for National Forest System
lands the Secretary of Agriculture, shall not cause forfeit-
140
ure of the financial assurance while administrative or judi-
cial review is pending.
(7) In the event of forfeiture, the claim holder, opera-
tor, or any affiliate thereof, as appropriate as determined
by the Secretary by rule, shall be jointly and severally lia-
ble for any remaining reclamation obligations under this
title.
(b) COMPLIANCE.—The Secretary, or for National
Forest System lands the Secretary of Agriculture, may re-
quest the Attorney General to institute a civil action for
relief, including a permanent or temporary injunction or
restraining order, or any other appropriate enforcement
order, including the imposition of civil penalties, in the dis-
trict court of the United States for the district in which
the mineral activities are located whenever a person—
(1) violates, fails or refuses to comply with any
order issued by the Secretary concerned under sub-
section (a); or
(2) interferes with, hinders or delays the Sec-
retary concerned in carrying out an inspection under
section 244.
Such court shall have jurisdiction to provide such relief
as may be appropriate. Any relief granted by the court
to enforce an order under paragraph (1) shall continue
in effect until the completion or final termination of all
141
proceedings for review of such order unless the district
court granting such relief sets it aside.
(c) DELEGATION.—Notwithstanding any other provi-
sion of law, the Secretary may utilize personnel of the Of-
fice of Surface Mining Reclamation and Enforcement to
ensure compliance with the requirements of this title.
(d) PENALTIES.—(1) Any person who fails to comply
with any surface management requirement shall be liable
for a penalty of not more than $25,000 per violation. Each
day of violation may be deemed a separate violation for
purposes of penalty assessments.
(2) A person who fails to correct a violation for which
a cessation order has been issued under subsection (a)
within the period permitted for its correction shall be as-
sessed a civil penalty of not less than $1,000 per violation
for each day during which such failure continues, but in
no event shall such assessment exceed a 30-day period.
(3) Whenever a corporation is in violation of a surface
management requirement or fails or refuses to comply
with an order issued under subsection (a), any director,
officer or agent of such corporation who knowingly author-
ized, ordered, or carried out such violation, failure or re-
fusal shall be subject to the same penalties as may be im-
posed upon the person referred to in paragraph (1).
142
(e) SUSPENSIONS OR REVOCATIONS.—The Secretary,
or for National Forest System lands the Secretary of Agri-
culture, may suspend or revoke a permit issued under sub-
title B, in whole or in part, if the operator or person con-
ducting mineral activities—
(1) knowingly made or knowingly makes any
false, inaccurate, or misleading material statement
in any mining claim, notice of location, application,
record, report, plan, or other document filed or re-
quired to be maintained under this title;
(2) fails to abate a violation covered by a ces-
sation order issued under subsection (a);
(3) fails to comply with an order of the Sec-
retary concerned;
(4) refuses to permit an audit pursuant to this
title;
(5) fails to maintain an adequate financial as-
surance under section 216;
(6) fails to pay claim maintenance fees or other
moneys due and owing under this title; or
(7) with regard to plans conditionally approved
under section 215(c)(2), fails to abate a violation to
the satisfaction of the Secretary concerned, or if the
validity of the violation is upheld on the appeal
which formed the basis for the conditional approval.
143
(f) FALSE STATEMENTS; TAMPERING.—Any person
who knowingly—
(1) makes any false material statement, rep-
resentation, or certification in, or omits or conceals
material information from, or unlawfully alters, any
mining claim, notice of location, application, record,
report, plan, or other documents filed or required to
be maintained under this title; or
(2) falsifies, tampers with, renders inaccurate,
or fails to install any monitoring device or method
be required to be maintained under this title,
shall upon conviction, be punished by a fine of not more
than $10,000, or by imprisonment for not more than 2
years, or by both. If a conviction of a person is for a viola-
tion committed after a first conviction of such person
under this paragraph, punishment shall be by a fine of
not more than $20,000 per day of violation, or by impris-
onment of not more than 4 years, or both. Each day of
continuing violation may be deemed a separate violation
for purposes of penalty assessments.
(g) KNOWING VIOLATIONS.—Any person who know-
ingly—
(1) engages in mineral activities without a per-
mit required under subtitle B, or
144
(2) violates any other surface management re-
quirement of this title or any provision of a permit
issued under this title (including any exploration or
operations plan on which such permit is based), or
condition or limitation thereof,
shall upon conviction be punished by a fine of not less
than $5,000 nor more than $50,000 per day of violation,
or by imprisonment for not more than 3 years, or both.
If a conviction of a person is for a violation committed
after the first conviction of such person under this para-
graph, punishment shall be a fine of not less than $10,000
per day of violation, or by imprisonment of not more than
6 years, or both.
(h) FAILURE TO COMPLY WITH ROYALTY REQUIRE-
MENTS.—(1) Any person who fails to comply with the re-
quirements of section 236 or any regulation or order is-
sued to implement section 236 shall be liable for a civil
penalty under section 109 of the Federal Oil and Gas Roy-
alty Management Act of 1982 (30 U.S.C. 1719) to the
same extent as if the claim located or converted under this
title were a lease under that Act.
(2) Any person who knowingly and willfully commits
an act for which a civil penalty is provided in paragraph
(1) shall, upon conviction, be punished by a fine of not
145
more than $50,000, or by imprisonment for not more than
2 years, or both.
(i) DEFINITION. For purposes of this section, the
term ‘‘person’’ includes a person as defined in section 3(a)
and any officer, agent, or employee of any such person.
SEC. 248. REGULATIONS; EFFECTIVE DATES.
(a) EFFECTIVE DATE.—The provisions of this title
shall take effect on the date of enactment of this Act, ex-
cept as otherwise provided in this title.
(b) REGULATIONS.—The Secretary and the Secretary
of Agriculture may issue such regulations as may be nec-
essary under this title. The regulations implementing sub-
title B and the provisions of subtitle D which affect the
United States Forest Service shall be joint regulations is-
sued by both Secretaries.
(c) NOTICE.—Within 180 days after the date of en-
actment of this Act, the Secretary shall give notice to hold-
ers of mining claims and mill sites maintained under the
general mining laws as to the requirements of sections
206, 207, and 218.
PART 2—MISCELLANEOUS PROVISIONS
SEC. 249. TRANSITIONAL RULES; SURFACE MANAGEMENT
REQUIREMENTS.
(a) NEW CLAIMS.—Notwithstanding any other provi-
sion of law, any mining claim for a locatable mineral on
146
lands subject to this title located after the date of enact-
ment of this Act shall be subject to the requirements of
subtitle B.
(b) PREEXISTING CLAIMS.—(1) Notwithstanding any
other provision of law, any unpatented mining claim or
mill site located under the general mining laws before the
date of enactment of this Act for which a plan of operation
has not been approved or a notice filed prior to the date
of enactment shall upon the effective date of this title, be
subject to the requirements of subtitle B, except as pro-
vided in paragraphs (2) and (3).
(2)(A) If a plan of operations had been approved for
mineral activities on any claim or site referred to in para-
graph (1) prior to the date of enactment this Act, for a
period of 5 years after the effective date of this title min-
eral activities at such claim or site shall be subject to such
plan of operations (or a modification or amendment there-
to prepared in accordance with the provisions of law appli-
cable prior to the enactment of this Act). During such 5-
year period, modifications of, or amendments to, any such
plan may be made in accordance with the provisions of
law applicable prior to the enactment of this Act if such
modifications or amendments are deemed minor by the
Secretary concerned. After such 5-year period the require-
ments of subtitle B shall apply, subject to the limitations
147
of section 219. In order to meet the requirements of sub-
title B, the person conducting mineral activities under
such plan of operations (or modified or amended plan)
shall apply for a modification under section 213(f) and
214(f) no later than 3 years after the date of enactment
of this Act. For purposes of this paragraph, any modifica-
tion or amendment which extends the area covered by the
plan (except for incidental boundary revisions) or which
significantly increases the risk of adverse effects on the
environment shall not be subject to this paragraph and
shall be subject to other provisions of this title.
(B) During the 5-year period referred to in subpara-
graph (A) the provisions of section 244 (relating to inspec-
tion and monitoring) and section 247 (relating to enforce-
ment) shall apply on the basis of the surface management
requirements applicable to such plans of operations prior
to the effective date of this title.
(C) Where an application for modification or amend-
ment of a plan of operations referred to in subparagraph
(A) has been timely submitted and an approved plan ex-
pires prior to Secretarial action on the application, mineral
activities and reclamation may continue in accordance
with the terms of the expired plan until the Secretary
makes an administrative decision on the application.
148
(3)(A) If a substantially complete application for ap-
proval of a plan of operations or for a modification of,
or amendment to, a plan of operations had been submitted
by May 1, 1997, and either a scoping document or an En-
vironmental Assessment prepared for purposes of compli-
ance with the National Environmental Policy Act of 1969
had been published with respect to such plan, modifica-
tion, or amendment before the date of the enactment of
this Act but the submitted plan of operations or modifica-
tion or amendment had not been approved for mineral ac-
tivities on any claim or site referred to in paragraph (1)
prior to such date of enactment, for a period of 5 years
after the effective date of this title mineral activities at
such claim or site shall be subject to the provisions of law
applicable prior to the enactment of this Act. During such
5-year period, subsequent modifications of, or amend-
ments to, any such plan may be made in accordance with
the provisions of law applicable prior to the enactment of
this Act if such subsequent modifications or amendments
are deemed minor by the Secretary concerned. After such
5-year period, the requirements of subtitle B shall apply,
subject to the limitations of section 219. For purposes of
this paragraph, any subsequent modification or amend-
ment which extends the area covered by the plan (except
for incidental boundary revisions) or which significantly
149
increases the risk of adverse effects on the environment
shall not be subject to this paragraph and shall be subject
to other provisions of this title.
(B) In order to meet the requirements of subtitle B,
the person conducting mineral activities under a plan of
operations (or modified or amended plan referred to in
subparagraph (A)) shall apply for a modification under
sections 213(f) and 214(f) no later than 3 years after the
date of enactment of this Act. During such 5-year period
the provisions of section 244 (relating to inspection and
monitoring) and section 247 (relating to enforcement)
shall apply on the basis of the surface management re-
quirements applicable to such plans of operations prior to
the effective date of this Act.
(C) Where an application for modification or amend-
ment of a plan of operations referred to in subparagraph
(A) has been timely submitted and an approved plan ex-
pires prior to Secretarial action on the application, mineral
activities and reclamation may continue in accordance
with the terms of the expired plan until the Secretary
makes an administrative decision on the application.
(4) If a notice or notice of intent had been filed with
the authorized officer in the applicable office of the Bu-
reau of Land Management or the United States Forest
Service (as provided for in the regulations of the Secretary
150
of the Interior or the Secretary of Agriculture, respec-
tively, in effect prior to the date of enactment of this Act)
prior to the date of enactment of this Act, mineral activi-
ties may continue under such notice or notice of intent
for a period of 2 years after the effective date of this Act,
after which time the requirements of subtitle B shall
apply, subject to the limitations of section 219(d)(2). In
order to meet the requirements of subtitle B, the person
conducting mineral activities under such notice or notice
of intent must apply for a permit under section 213 or
214 no later than 18 months after the effective date of
this title, unless such mineral activities are conducted pur-
suant to section 212(b). During such 2-year period the
provisions of section 244 (relating to inspection and mon-
itoring) and 247 (relating to enforcement) shall apply on
the basis of the surface management requirements appli-
cable to such notices prior to the effective date of this title.
SEC. 250. CLAIMS SUBJECT TO SPECIAL RULES.
(a) CERTAIN CLAIMS NOT CONVERTED.—Notwith-
standing any other provision of law, except as provided
under subsection (c), an unpatented mining claim referred
to in section 37 of the Mineral Leasing Act (30 U.S.C.
193) shall not be converted under section 206 of this title
until the Secretary determines that the claim was valid
on the date of enactment of the Mineral Leasing Act and
151
has been maintained in compliance with the general min-
ing laws.
(b) CONTEST PROCEEDINGS.—As soon as practicable
after the date of enactment of this Act, the Secretary shall
initiate contest proceedings challenging the validity of all
unpatented claims referred to in subsection (a), including
those claims for which a patent application has not been
filed. If a claim is determined to be invalid, the Secretary
shall promptly declare the claim to be null and void. If,
as a result of such proceeding, a claim is determined valid,
the claim shall be converted and thereby become subject
to this title’s provisions on the date of the completion of
the contest proceeding.
(c) OIL SHALE CLAIMS.—(1) The provisions of sec-
tion 251 shall apply to oil shale claims referred to in sec-
tion 2511(e)(2) of the Energy Policy Act of 1992 (Public
Law 102–486).
(2) Section 2511(f) of the Energy Policy Act of 1992
(Public Law 102–486) is amended as follows:
(A) Strike ‘‘as prescribed by the Secretary’’.
(B) Insert the following before the period: ‘‘in
the same manner as if such claims were subject to
subtitle B of the Mineral Exploration and Develop-
ment Act of 1997’’.
152
SEC. 251. PURCHASING POWER ADJUSTMENT.
The Secretary shall adjust all location fees, claim
maintenance rates, penalty amounts, and other dollar
amounts established in this title for changes in the pur-
chasing power of the dollar every 10 years following the
date of enactment of this Act, employing the Consumer
Price Index for all-urban consumers published by the De-
partment of Labor as the basis for adjustment, and round-
ing according to the adjustment process of conditions of
the Federal Civil Penalties Inflation Adjustment Act of
1990 (104 Stat. 890).
SEC. 252. SAVINGS CLAUSE.
(a) SPECIAL APPLICATION OF MINING LAWS.—Noth-
ing in this title shall be construed as repealing or modify-
ing any Federal law, regulation, order or land use plan,
in effect prior to the date of enactment of this Act that
prohibits or restricts the application of the general mining
laws, including laws that provide for special management
criteria for operations under the general mining laws as
in effect prior to the date of enactment of this Act, to
the extent such laws provide environmental protection
greater than required under this title, and any such prior
law shall remain in force and effect with respect to claims
located (or proposed to be located) or converted under this
title. Nothing in this title shall be construed as applying
to or limiting mineral investigations, studies, or other min-
153
eral activities conducted by any Federal or State agency
acting in its governmental capacity pursuant to other au-
thority. Nothing in this title shall affect or limit any as-
sessment, investigation, evaluation or listing pursuant to
the Comprehensive Environmental Response, Compensa-
tion and Liability Act of 1980, or the Solid Waste Dis-
posal Act.
(b) EFFECT ON OTHER FEDERAL LAWS.—The provi-
sions of this title shall supersede the general mining laws,
but, except for the general mining laws, nothing in this
title shall be construed as superseding, modifying, amend-
ing or repealing any provision of Federal law not expressly
superseded, modified, amended or repealed by this title.
Nothing in this title shall be construed as altering, affect-
ing, amending, modifying, or changing, directly or indi-
rectly, any law which refers to and provides authorities
or responsibilities for, or is administered by, the Environ-
mental Protection Agency or the Administrator of the En-
vironmental Protection Agency, including the Federal
Water Pollution Control Act, title XIV of the Public
Health Service Act (the Safe Drinking Water Act), the
Clean Air Act, the Pollution Prevention Act of 1990, the
Toxic Substances Control Act, the Federal Insecticide,
Fungicide, and Rodenticide Act, the Federal Food, Drug,
and Cosmetic Act, the Motor Vehicle Information and
154
Cost Savings Act, the Federal Hazardous Substances Act,
the Atomic Energy Act, the Noise Control Act of 1972,
the Solid Waste Disposal Act, the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980, the Superfund Amendments and Reauthorization
Act of 1986, the Ocean Dumping Act, the Environmental
Research, Development, and Demonstration Authorization
Act, the Pollution Prosecution Act of 1990, and the Fed-
eral Facilities Compliance Act of 1992, or any statute con-
taining amendment to any of such Acts. Nothing in this
title shall be construed as modifying or affecting any pro-
vision of the Native American Graves Protection and Re-
patriation Act (Public Law 101–601) or any provision of
the American Indian Religious Freedom Act (42 U.S.C.
1996).
(c) PROTECTION
OF CONSERVATION AREAS.—In
order to protect the resources and values of National Con-
servation System units, the Secretary, as appropriate,
shall utilize authority under this title and other applicable
law to the fullest extent necessary to prevent mineral ac-
tivities within the boundaries of such units that could have
an adverse impact on the resources or values for which
such units were established.
155
SEC. 253. AVAILABILITY OF PUBLIC RECORDS.
Copies of records, reports, inspection materials or in-
formation obtained by the Secretary or the Secretary of
Agriculture under this title shall be made immediately
available to the public, consistent with section 552 of title
5 of the United States Code, in central and sufficient loca-
tions in the county, multi county, and State area of min-
eral activity or reclamation so that such items are conven-
iently available to residents in the area proposed or ap-
proved for mineral activities.
SEC. 254. MISCELLANEOUS POWERS.
(a) IN GENERAL.—In carrying out his or her duties
under this title, the Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, may conduct any
investigation, inspection, or other inquiry necessary and
appropriate and may conduct, after notice, any hearing
or audit, necessary and appropriate to carrying out his
duties.
(b) ANCILLARY POWERS.—In connection with any
hearing, inquiry, investigation, or audit under this title,
the Secretary, or for National Forest System lands the
Secretary of Agriculture, is authorized to take any of the
following actions:
(1) Require, by special or general order, any
person to submit in writing such affidavits and an-
swers to questions as the Secretary concerned may
156
reasonably prescribe, which submission shall be
made within such reasonable period and under oath
or otherwise, as may be necessary.
(2) Administer oaths.
(3) Require by subpoena the attendance and
testimony of witnesses and the production of all
books, papers, records, documents, matter, and ma-
terials, as such Secretary may request.
(4) Order testimony to be taken by deposition
before any person who is designated by such Sec-
retary and who has the power to administer oaths,
and to compel testimony and the production of evi-
dence in the same manner as authorized under para-
graph (3) of this subsection.
(5) Pay witnesses the same fees and mileage as
are paid in like circumstances in the courts of the
United States.
(c) ENFORCEMENT.—In cases of refusal to obey a
subpoena served upon any person under this section, the
district court of the United States for any district in which
such person is found, resides, or transacts business, upon
application by the Attorney General at the request of the
Secretary concerned and after notice to such person, shall
have jurisdiction to issue an order requiring such person
to appear and produce documents before the Secretary
157
concerned. Any failure to obey such order of the court may
be punished by such court as contempt thereof and subject
to a penalty of up to $10,000 a day.
(d) ENTRY AND ACCESS.—Without advance notice
and upon presentation of appropriate credentials, the Sec-
retary, or for National Forest System lands the Secretary
of Agriculture, or any authorized representative thereof—
(1) shall have the right of entry to, upon, or
through the site of any claim, mineral activities, or
any premises in which any records required to be
maintained under this title are located;
(2) may at reasonable times, and without delay,
have access to any copy any records, inspect any
monitoring equipment or method of operation re-
quired under this title;
(3) may engage in any work and to do all
things necessary or expedient to implement and ad-
minister the provisions of this title;
(4) may, on any mining claim located or con-
verted under this title, and without advance notice,
stop and inspect any motorized form of transpor-
tation that he has probable cause to believe is carry-
ing locatable minerals, concentrates, or products de-
rived therefrom from a claim site for the purpose of
determining whether the operator of such vehicle has
158
documentation related to such locatable minerals,
concentrates, or products derived therefrom as re-
quired by law, if such documentation is required
under this title; and
(5) may, if accompanied by any appropriate law
enforcement officer, or an appropriate law enforce-
ment officer alone may stop and inspect any motor-
ized form of transportation which is not on a claim
site if he has probable cause to believe such vehicle
is carrying locatable minerals, concentrates, or prod-
ucts derived therefrom from a claim site on Federal
lands or allocated to such claim site. Such inspection
shall be for the purpose of determining whether the
operator of such vehicle has the documentation re-
quired by law, if such documentation is required
under this title.
SEC. 255. LIMITATION ON PATENT ISSUANCE.
(a) MINING CLAIMS.—After April 30, 1997, no pat-
ent shall be issued by the United States for any mining
claim located under the general mining laws or under this
title unless the Secretary determines that, for the claim
concerned—
(1) a patent application was filed with the Sec-
retary on or before April 30, 1997; and
159
(2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C.
29 and 30) for vein or lode claims and sections
2329, 2330, 2331, and 2333 of the Revised Statutes
(30 U.S.C. 35, 36, and 37) for placer claims were
fully complied with by that date.
If the Secretary makes the determinations referred to in
paragraphs (1) and (2) for any mining claim, the holder
of the claim shall be entitled to the issuance of a patent
in the same manner and degree to which such claim holder
would have been entitled to prior to the enactment of this
Act, unless and until such determinations are withdrawn
or invalidated by the Secretary or by a court of the United
States.
(b) MILL SITES.—After April 30, 1997, no patent
shall be issued by the United States for any mill site claim
located under the general mining laws unless the Secretary
determines that for the mill site concerned—
(1) a patent application for such land was filed
with the Secretary on or before April 30, 1997; and
(2) all requirements applicable to such patent
application were fully complied with by that date.
If the Secretary makes the determinations referred to in
paragraphs (1) and (2) for any mill site claim, the holder
of the claim shall be entitled to the issuance of a patent
160
in the same manner and degree to which such claim holder
would have been entitled to prior to the enactment of this
Act, unless and until such determinations are withdrawn
or invalidated by the Secretary or by a court of the United
States.
SEC. 256. MULTIPLE MINERAL DEVELOPMENT AND SUR-
FACE RESOURCES.
The provisions of sections 4 and 6 of the Act of Au-
gust 13, 1954 (30 U.S.C. 524 and 526), commonly known
as the Multiple Minerals Development Act, and the provi-
sions of section 4 of the Act of July 23, 1955 (30 U.S.C.
612), shall apply to all mining claims located or converted
under this title.
SEC. 257. MINERAL MATERIALS.
(a) DETERMINATIONS.—Section 3 of the Act of July
23, 1955 (30 U.S.C. 611), is amended as follows:
(1) Insert ‘‘(a)’’ before the first sentence.
(2) Insert ‘‘mineral materials, including but not
limited to’’ after ‘‘varieties of’’ in the first sentence.
(3) Strike ‘‘or cinders’’ and insert in lieu there-
of ‘‘cinders, and clay’’.
(4) Add the following new subsection at the end
thereof:
‘‘(b)(1) Subject to valid existing rights, after the date
of enactment of the Mineral Exploration and Development
161
Act of 1997, notwithstanding the reference to common va-
rieties in subsection (a) and to the exception to such term
relating to a deposit of materials with some property giv-
ing it distinct and special value, all deposits of mineral
materials referred to in such subsection, including the
block pumice referred to in such subsection, shall be sub-
ject to disposal only under the terms and conditions of
the Materials Act of 1947.
‘‘(2) For purposes of paragraph (1), the term ‘valid
existing rights’ means that a mining claim located for any
such mineral material had some property giving it the dis-
tinct and special value referred to in subsection (a), or
as the case may be, met the definition of block pumice
referred to in such subsection, was properly located and
maintained under the general mining laws prior to the
date of enactment of the Mineral Exploration and Devel-
opment Act of 1997, and was supported by a discovery
of a valuable mineral deposit within the meaning of the
general mining laws as in effect immediately prior to the
date of enactment of the Mineral Exploration and Devel-
opment Act of 1997 and that such claim continues to be
valid under this Act.’’.
(b) MINERAL
MATERIALS
DISPOSAL
CLARIFICA-
TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C.
612), is amended as follows: