where applicable, shall replace applicable assessment re-
quirements and expenditures. 
(d) FAILURE TO PAY.—Failure to pay the claim 
maintenance fee as required by subsection (a) shall conclu-
sively constitute a forfeiture of the unpatented mining 
claim, mill or tunnel site by the claimant and the claim 
shall be deemed null and void by operation of law. 
(e) OTHER REQUIREMENTS.— 
(1) Nothing in this section shall change or mod-
ify the requirements of section 314(b) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 
1744(b)), or the requirements of section 314(c) of the 
Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1744(c)) related to filings required by sec-
tion 314(b), which remain in effect. 
(2) Section 2324 of the Revised Statutes of the 
United States (30 U.S.C. 28) is amended by inserting 
‘‘or section 103(a) of the Hardrock Mining and Rec-
lamation Act of 2007’’ after ‘‘Act of 1993,’’. 
SEC. 104. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY 
OF CLAIMS. 
Timely payment of the claim maintenance fee required 
by section 103 of this Act or any related law relating to 
the use of Federal land, asserts the claimant’s authority to 
use and occupy the Federal land concerned for prospecting 
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and exploration, consistent with the requirements of this 
Act and other applicable law. 
TITLE II—PROTECTION OF 
SPECIAL PLACES 
SEC. 201. LANDS OPEN TO LOCATION. 
(a) LANDS OPEN TO LOCATION.—Except as provided 
in subsection (b), mining claims may be located under the 
general mining laws only on such lands and interests as 
were open to the location of mining claims under the gen-
eral mining laws immediately before the enactment of this 
Act. 
(b) LANDS
NOT
OPEN
TO
LOCATION.—Notwith-
standing any other provision of law and subject to valid 
existing rights, each of the following shall not be open to 
the location of mining claims under the general mining 
laws on or after the date of enactment of this Act: 
(1) Wilderness study areas. 
(2) Areas of critical environmental concern. 
(3) Areas designated for inclusion in the Na-
tional Wild and Scenic Rivers System pursuant to 
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
seq.), areas designated for potential addition to such 
system pursuant to section 5(a) of that Act (16 
U.S.C. 1276(a)), and areas determined to be eligible 
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for inclusion in such system pursuant to section 5(d) 
of such Act (16 U.S.C. 1276(d)). 
(4) Any area identified in the set of inventoried 
roadless areas maps contained in the Forest Service 
Roadless Area Conservation Final Environmental 
Impact Statement, Volume 2, dated November 2000. 
(c) EXISTING AUTHORITY NOT AFFECTED.—Nothing 
in this Act limits the authority granted the Secretary in 
section 204 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1714) to withdraw public lands. 
SEC. 202. WITHDRAWAL PETITIONS BY STATES, POLITICAL 
SUBDIVISIONS, AND INDIAN TRIBES. 
(a) IN GENERAL.—Any State or political subdivision 
of a State or an Indian tribe may submit a petition to 
the Secretary for the withdrawal of a specific tract of Fed-
eral land from the operation of the general mining laws, 
in order to protect specific values identified in the petition 
that are important to the State or political subdivision or 
Indian tribe. Such values may include the value of a water-
shed to supply drinking water, wildlife habitat value, cul-
tural or historic resources, or value for scenic vistas impor-
tant to the local economy, and other similar values. In the 
case of an Indian tribe, the petition may also identify reli-
gious or cultural values that are important to the Indian 
tribe. The petition shall contain the information required 
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by section 204 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1714). 
(b) CONSIDERATION OF PETITION.—The Secretary— 
(1) shall solicit public comment on the petition; 
(2) shall make a final decision on the petition 
within 180 days after receiving it; and 
(3) shall grant the petition unless the Secretary 
makes and publishes in the Federal Register specific 
findings why a decision to grant the petition would 
be against the national interest. 
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 Manage-
ment Act of 1976 (16 U.S.C. 1600 et seq.), and in accord-
ance with this title and applicable law, unless expressly 
stated otherwise in this Act, the Secretary— 
(1) shall ensure that mineral activities on any 
Federal land that is subject to a mining claim, mill-
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site claim, or tunnel site claim is carefully controlled 
to prevent undue degradation of public lands and re-
sources; and 
(2) shall not grant permission to engage in min-
eral activities if the Secretary, after considering the 
evidence, makes and publishes in the Federal Register 
a determination that undue degradation would result 
from such activities. 
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 but not limited to 
land, air, ground water and surface water, and fish and 
wildlife, unless— 
(1) the claim was properly located under the 
general mining laws and maintained in compliance 
with such laws and this Act; 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 that are a casual use of the 
Federal land. 
(c) COORDINATION WITH NEPA PROCESS.—To the ex-
tent practicable, the Secretary and the Secretary of Agri-
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culture shall conduct the permit processes under this Act 
in coordination with the timing and other requirements 
under section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332). 
SEC. 303. EXPLORATION PERMIT. 
(a) 
AUTHORIZED
EXPLORATION
ACTIVITY.—Any 
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, 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 
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may be jointly prescribed by the Secretary and the Sec-
retary of Agriculture. 
(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 unless such Secretary makes 
any of the following determinations: 
(1) The permit application, the exploration plan 
and reclamation plan are not complete and accurate. 
(2) The applicant has not demonstrated that 
proposed 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 not conform 
with the land use plan applicable to the area subject 
to mineral activities. 
(4) The area subject to the proposed permit is in-
cluded within an area not open to location under sec-
tion 201. 
(5) The applicant has not demonstrated that the 
exploration plan and reclamation plan will be in 
compliance with the requirements of this Act and all 
other applicable Federal requirements, and any State 
requirements agreed to by the Secretary of the Inte-
rior (or Secretary of Agriculture, as appropriate). 
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(6) The applicant has not demonstrated that the 
requirements of section 306 (relating to financial as-
surance) will be met. 
(7) The applicant is eligible to receive a permit 
under section 305. 
(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 10 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) 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. 
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(2) Such Secretary shall 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 304(d); 
(B) has submitted evidence of financial assur-
ance satisfactory under section 306; 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-
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section shall be deposited in the Locatable Minerals Fund 
established under title IV of this Act. 
SEC. 304. OPERATIONS PERMIT. 
(a) OPERATIONS PERMIT.—(1) Any claim holder that 
is in compliance with the general mining laws and section 
103 of this Act may apply to the Secretary, or for National 
Forest System lands, the Secretary of Agriculture, for an 
operations permit authorizing the claim holder to carry out 
mineral activities, other than casual use, on— 
(A) any valid mining claim, valid millsite 
claim, or valid tunnel site claim; and 
(B) such additional Federal land as the Sec-
retary may determine is necessary to conduct the pro-
posed mineral activities, if the operator obtains a 
right-of-way permit for use of such additional lands 
under title V of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1761 et seq.) and agrees 
to pay all fees required under that title for the permit 
under that title. 
(2) If the Secretary decides to issue such permit, the 
permit shall include such terms and conditions as pre-
scribed by such Secretary to carry out this title. 
(b) PERMIT APPLICATION REQUIREMENTS.—An appli-
cation for an operations permit under this section shall be 
submitted in a manner satisfactory to the Secretary con-
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cerned and shall contain site characterization data, an op-
erations plan, a reclamation plan, monitoring plans, long- 
term maintenance plans, to the extent necessary, and such 
documentation as necessary to ensure compliance with ap-
plicable Federal and State environmental laws and regula-
tions. If the proposed mineral activities will be carried out 
in conjunction with mineral activities on adjacent non-Fed-
eral lands, information on the location and nature of such 
operations may be required by the Secretary. 
(c) PERMIT ISSUANCE OR DENIAL.—(1) After pro-
viding for public participation pursuant to subsection (i), 
the Secretary, or for National Forest System lands the Sec-
retary of Agriculture, shall issue an operations permit if 
such Secretary makes each of the following determinations 
in writing, and shall deny a permit if such Secretary finds 
that the application and applicant do not fully meet the 
following requirements: 
(A) The permit application, including the site 
characterization data, operations plan, and reclama-
tion plan, are complete and accurate and sufficient 
for developing a good understanding of the antici-
pated impacts of the mineral activities and the effec-
tiveness of proposed mitigation and control. 
(B) The applicant has demonstrated that the 
proposed reclamation in the operation and reclama-
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tion plan can be and is likely to be accomplished by 
the applicant and will not cause undue degradation. 
(C) The condition of the land, including the fish 
and wildlife resources and habitat contained thereon, 
after the completion of mineral activities and final 
reclamation, will conform to the land use plan appli-
cable to the area subject to mineral activities and are 
returned to a productive use. 
(D) The area subject to the proposed plan is 
open to location for the types of mineral activities 
proposed. 
(E) The proposed operation has been designed to 
prevent material damage to the hydrologic balance 
outside the permit area. 
(F) The applicant will fully comply with the re-
quirements of section 306 (relating to financial assur-
ance) prior to the initiation of operations. 
(G) Neither the applicant nor operator, nor any 
subsidiary, affiliate, or person controlled by or under 
common control with the applicant or operator, is in-
eligible to receive a permit under section 305. 
(H) The reclamation plan demonstrates that 10 
years following mine closure, no treatment of surface 
or ground water for carcinogens or toxins will be re-
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quired to meet water quality standards at the point 
of discharge. 
(2) With respect to any activities specified in the rec-
lamation plan referred to in subsection (b) that constitutes 
a removal or remedial action under section 101 of the Com-
prehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 and following), the 
Secretary shall consult with the Administrator of the Envi-
ronmental Protection Agency prior to the issuance of an 
operations permit. The Administrator shall ensure that the 
reclamation plan does not require activities that would in-
crease the costs or likelihood of removal or remedial actions 
under the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 and 
following) or corrective actions under the Solid Waste Dis-
posal Act (42 U.S.C. 6901 and following). 
(d) TERM OF PERMIT; RENEWAL.— 
(1) An operations permit— 
(A) shall be for a term that is no longer 
than the shorter of— 
(i) the period necessary to accomplish 
the proposed mineral activities subject to 
the permit; and 
(ii) 20 years; and 
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(B) shall be renewed for an additional 20- 
year period if the operation is in compliance 
with the requirements of this Act and other ap-
plicable law. 
(2) Failure by the operator to commence mineral 
activities within 2 years of the date scheduled in an 
operations permit shall require a modification of the 
permit if the Secretary concerned determines that 
modifications are necessary to comply with section 
201. 
(e) PERMIT MODIFICATION.— 
(1) During the term of an operations permit the 
operator may submit an application to modify the 
permit (including the operations plan or reclamation 
plan, or both). 
(2) The Secretary, or for National Forest System 
lands the Secretary of Agriculture, may, at any time, 
require reasonable 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 subject to public no-
tice and hearing requirements established by the Sec-
retary concerned. 
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(3) A permit modification is required before 
changes are made to the approved plan of operations, 
or if unanticipated events or conditions exist on the 
mine site, including in the case of— 
(A) development of acid or toxic drainage; 
(B) loss of springs or water supplies; 
(C) water quantity, water quality, or other 
resulting water impacts that are significantly 
different than those predicted in the application; 
(D) the need for long-term water treatment; 
(E) significant reclamation difficulties or 
reclamation failure; 
(F) the discovery of significant scientific, 
cultural, or biological resources that were not ad-
dressed in the original plan; or 
(G) the discovery of hazards to public safe-
ty. 
(f) TEMPORARY CESSATION OF OPERATIONS.—(1) An 
operator conducting mineral activities under an operations 
permit in effect under this title may not temporarily cease 
mineral activities for a period greater than 180 days unless 
the Secretary concerned has approved such temporary ces-
sation or unless the temporary cessation is permitted under 
the original permit. Any operator temporarily ceasing min-
eral activities for a period greater than 90 days under an 
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operations permit issued before the date of the enactment 
of this Act shall submit, before the expiration of such 90- 
day period, a complete application for temporary cessation 
of operations to the Secretary concerned for approval unless 
the temporary cessation is permitted under the original per-
mit. 
(2) An application for approval of temporary cessation 
of operations shall include such information required under 
subsection (b) and any other provisions prescribed by the 
Secretary concerned to minimize impacts on the environ-
ment. After receipt of a complete application for temporary 
cessation of operations such Secretary shall conduct an in-
spection of the area for which temporary cessation of oper-
ations 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 
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