different than those predicted in the applica-
tion; 
(D) the need for long-term water treat-
ment; 
(E) significant reclamation difficulties or 
reclamation failure; 
(F) the discovery of significant scientific, 
cultural, or biological resources that were not 
addressed 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 oper-
ations 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 tem-
porary cessation or unless the temporary cessation is per-
mitted under the original permit. Any operator tempo-
rarily ceasing mineral activities for a period greater than 
90 days under an operations permit issued before the date 
of the enactment of this Act shall submit, before the expi-
ration of such 90-day period, a complete application for 
temporary cessation of operations to the Secretary con-
cerned for approval unless the temporary cessation is per-
mitted under the original permit. 
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(2) An application for approval of temporary ces-
sation of operations shall include such information re-
quired under subsection (b) and any other provisions pre-
scribed by the Secretary concerned to minimize impacts 
on the environment. After receipt of a complete applica-
tion for temporary cessation of operations such Secretary 
shall conduct an inspection of the area for which tem-
porary cessation of operations has been requested. 
(3) To approve an application for temporary ces-
sation of operations, the Secretary concerned shall make 
each of the following determinations: 
(A) A determination that the methods for se-
curing surface facilities and restricting access to the 
permit area, or relevant portions thereof, will effec-
tively ensure against hazards to the health and safe-
ty 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 applica-
tion for temporary cessation of operations for which 
a delay in meeting such standards is necessary to fa-
cilitate the resumption of operations. 
(C) A determination that the amount of finan-
cial assurance filed with the permit application is 
sufficient to assure completion of the reclamation ac-
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tivities identified in the approved reclamation plan in 
the event of forfeiture. 
(D) A determination that any outstanding no-
tices of violation and cessation orders incurred in 
connection with the plan for which temporary ces-
sation is being requested are either stayed pursuant 
to an administrative or judicial appeal proceeding or 
are in the process of being abated to the satisfaction 
of the Secretary concerned. 
(g) PERMIT REVIEWS.—The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture, 
shall review each permit issued under this section every 
10 years during the term of such permit, shall provide 
public notice of the permit review, and, based upon a writ-
ten finding, such Secretary shall require the operator to 
take such actions as the Secretary deems necessary to as-
sure that mineral activities conform to the permit, includ-
ing adjustment of financial assurance requirements. 
(h) 
TRANSFER, 
ASSIGNMENT, 
OR
SALE
OF 
RIGHTS.—(1) No transfer, assignment, or sale of rights 
granted by a permit under this section shall be made with-
out the prior written approval of the Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture. 
(2) The Secretary, or for National Forest System 
lands, the Secretary of Agriculture, may allow a person 
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holding a permit to transfer, assign, or sell rights under 
the permit to a successor, if such Secretary finds, in writ-
ing, that the successor— 
(A) has submitted information required and is 
eligible to receive a permit in accordance with sec-
tion 305; 
(B) has submitted evidence of financial assur-
ance satisfactory under section 306; and 
(C) meets any other requirements specified by 
such Secretary. 
(3) The successor in interest shall assume the liability 
and reclamation responsibilities established by the existing 
permit and shall conduct the mineral activities in full com-
pliance with this Act, and the terms and conditions of the 
permit as in effect at the time of transfer, assignment, 
or sale. 
(4) Each application for approval of a permit trans-
fer, assignment, or sale pursuant to this subsection shall 
be accompanied by a fee payable to the Secretary of the 
Interior, or for National Forest System lands, the Sec-
retary of Agriculture, in such amount as may be estab-
lished by such Secretary, or for National Forest System 
lands, by the Secretary of Agriculture. Such amount shall 
be equal to the actual or anticipated cost to the Secretary 
or, for National Forest System lands, to the Secretary of 
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Agriculture, of reviewing and approving or disapproving 
such transfer, assignment, or sale, as determined by such 
Secretary. 
(i) PUBLIC PARTICIPATION.—The Secretary of the 
Interior and the Secretary of Agriculture shall jointly pro-
mulgate regulations to ensure transparency and public 
participation in permit decisions required under this Act, 
consistent with any requirements that apply to such deci-
sions under section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332). 
SEC. 305. PERSONS INELIGIBLE FOR PERMITS. 
(a) CURRENT VIOLATIONS.—Unless corrective action 
has been taken in accordance with subsection (c), no per-
mit under this title shall be issued or transferred to an 
applicant if the applicant or any agent of the applicant, 
the operator (if different than the applicant) of the claim 
concerned, any claim holder (if different than the appli-
cant) of the claim concerned, or any affiliate or officer 
or director of the applicant is currently in violation of any 
of the following: 
(1) A provision of this Act or any regulation 
under this Act. 
(2) An applicable State or Federal toxic sub-
stance, solid waste, air, water quality, or fish and 
wildlife conservation law or regulation at any site 
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where mining, beneficiation, or processing activities 
are occurring or have occurred. 
(3) The Surface Mining Control and Reclama-
tion Act of 1977 (30 U.S.C. 1201 et seq.) or any 
regulation implementing that Act at any site where 
surface coal mining operations have occurred or are 
occurring. 
(b) SUSPENSION.—The Secretary, or for National 
Forest System lands the Secretary of Agriculture, shall 
suspend an operations permit, in whole or in part, if such 
Secretary determines that any of the entities described in 
subsection (a) were in violation of any requirement listed 
in subsection (a) at the time the permit was issued. 
(c) CORRECTION.—(1) The Secretary, or for National 
Forest System lands the Secretary of Agriculture, may 
issue or reinstate a permit under this title if the applicant 
submits proof that the violation referred to in subsection 
(a) or (b) has been corrected or is in the process of being 
corrected to the satisfaction of such Secretary and the reg-
ulatory authority involved or if the applicant submits proof 
that the violator has filed and is presently pursuing, a di-
rect administrative or judicial appeal to contest the exist-
ence of the violation. For purposes of this section, an ap-
peal of any applicant’s relationship to an affiliate shall not 
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constitute a direct administrative or judicial appeal to con-
test the existence of the violation. 
(2) Any permit which is issued or reinstated based 
upon proof submitted under this subsection shall be condi-
tionally approved or conditionally reinstated, as the case 
may be. If the violation is not successfully abated or the 
violation is upheld on appeal, the permit shall be sus-
pended or revoked. 
(d) PATTERN OF WILLFUL VIOLATIONS.—No permit 
under this Act may be issued to any applicant if there 
is a demonstrated pattern of willful violations of the envi-
ronmental protection requirements of this Act by the ap-
plicant, any affiliate of the applicant, or the operator or 
claim holder if different than the applicant. 
SEC. 306. FINANCIAL ASSURANCE. 
(a) FINANCIAL ASSURANCE REQUIRED.—(1) After a 
permit is issued under this title and before any exploration 
or operations begin under the permit, the operator shall 
file with the Secretary, or for National Forest System 
lands the Secretary of Agriculture, evidence of financial 
assurance payable to the United States. The financial as-
surance shall be provided in the form of a surety bond, 
a trust fund, letters of credits, government securities, cer-
tificates of deposit, cash, or an equivalent form approved 
by such Secretary. 
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(2) The financial assurance shall cover all lands with-
in the initial permit area and all affected waters that may 
require restoration, treatment, or other management as a 
result of mineral activities, and shall be extended to cover 
all lands and waters added pursuant to any permit modi-
fication made under section 303(f) (relating to exploration 
permits) or section 304(e) (relating to operations per-
mits), or affected by mineral activities. 
(b) AMOUNT.—The amount of the financial assur-
ance required under this section shall be sufficient to as-
sure the completion of reclamation and restoration satis-
fying the requirements of this Act if the work were to be 
performed by the Secretary concerned in the event of for-
feiture, including the construction and maintenance costs 
for any treatment facilities necessary to meet Federal and 
State environmental requirements. The calculation of such 
amount shall take into account the maximum level of fi-
nancial exposure which shall arise during the mineral ac-
tivity and administrative costs associated with a govern-
ment agency reclaiming the site. 
(c) DURATION.—The financial assurance required 
under this section shall be held for the duration of the 
mineral activities and for an additional period to cover the 
operator’s responsibility for reclamation, restoration, and 
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long-term maintenance, and effluent treatment as speci-
fied in subsection (g). 
(d) ADJUSTMENTS.—The amount of the financial as-
surance and the terms of the acceptance of the assurance 
may be adjusted by the Secretary concerned from time to 
time as the area requiring coverage is increased or de-
creased, or where the costs of reclamation or treatment 
change, or pursuant to section 304(f) (relating to tem-
porary cessation of operations), but the financial assur-
ance shall otherwise be in compliance with this section. 
The Secretary concerned shall review the financial guar-
antee every 3 years and as part of the permit application 
review under section 304(c). 
(e) RELEASE.—Upon request, and after notice and 
opportunity for public comment, and after inspection by 
the Secretary, or for National Forest System lands, the 
Secretary of Agriculture, such Secretary may, after con-
sultation with the Administrator of the Environmental 
Protection Agency, release in whole or in part the financial 
assurance required under this section if the Secretary 
makes both of the following determinations: 
(1) A determination that reclamation or res-
toration covered by the financial assurance has been 
accomplished as required by this Act. 
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(2) A determination that the terms and condi-
tions of any other applicable Federal requirements, 
and State requirements applicable pursuant to coop-
erative agreements under section 308, have been ful-
filled. 
(f) RELEASE SCHEDULE.—The release referred to in 
subsection (e) shall be according to the following schedule: 
(1) After the operator has completed any re-
quired backfilling, regrading, and drainage control of 
an area subject to mineral activities and covered by 
the financial assurance, and has commenced revege-
tation on the regraded areas subject to mineral ac-
tivities in accordance with the approved plan, that 
portion of the total financial assurance secured for 
the area subject to mineral activities attributable to 
the completed activities may be released except that 
sufficient assurance must be retained to address 
other required reclamation and restoration needs 
and to assure the long-term success of the revegeta-
tion. 
(2) After the operator has completed success-
fully all remaining mineral activities and reclamation 
activities and all requirements of the operations plan 
and the reclamation plan, and all other requirements 
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of this Act have been fully met, the remaining por-
tion of the financial assurance may be released. 
During the period following release of the financial assur-
ance as specified in paragraph (1), until the remaining 
portion of the financial assurance is released as provided 
in paragraph (2), the operator shall be required to comply 
with the permit issued under this title. 
(g) EFFLUENT.—Notwithstanding section 307(b)(4), 
where any discharge or other water-related condition re-
sulting from the mineral activities requires treatment in 
order to meet the applicable effluent limitations and water 
quality standards, the financial assurance shall include the 
estimated cost of maintaining such treatment for the pro-
jected period that will be needed after the cessation of 
mineral activities. The portion of the financial assurance 
attributable to such estimated cost of treatment shall not 
be released until the discharge has ceased for a period of 
5 years, as determined by ongoing monitoring and testing, 
or, if the discharge continues, until the operator has met 
all applicable effluent limitations and water quality stand-
ards for 5 full years without treatment. 
(h) ENVIRONMENTAL HAZARDS.—If the Secretary, 
or for National Forest System lands, the Secretary of Ag-
riculture, determines, after final release of financial assur-
ance, that an environmental hazard resulting from the 
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mineral activities exists, or the terms and conditions of 
the explorations or operations permit of this Act were not 
fulfilled in fact at the time of release, such Secretary shall 
issue an order under section 506 requiring the claim hold-
er or operator (or any person who controls the claim hold-
er or operator) to correct the condition such that applica-
ble laws and regulations and any conditions from the plan 
of operations are met. 
SEC. 307. OPERATION AND RECLAMATION. 
(a) GENERAL RULE.—(1) The operator shall restore 
lands subject to mineral activities carried out under a per-
mit issued under this title to a condition capable of sup-
porting— 
(A) the uses which such lands were capable of 
supporting prior to surface disturbance by the oper-
ator, or 
(B) other beneficial uses which conform to ap-
plicable land use plans as determined by the Sec-
retary, or for National Forest System lands, the 
Secretary of Agriculture. 
(2) Reclamation shall proceed as contemporaneously 
as practicable with the conduct of mineral activities. In 
the case of a cessation of mineral activities beyond that 
provided for as a temporary cessation under this Act, rec-
lamation activities shall begin immediately. 
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(b) OPERATION AND RECLAMATION STANDARDS.— 
The Secretary of the Interior and the Secretary of Agri-
culture shall jointly promulgate regulations that establish 
operation and reclamation standards for mineral activities 
permitted under this Act. The Secretaries may determine 
whether outcome-based performance standards or tech-
nology-based design standards are most appropriate. The 
regulations shall address the following: 
(1) Segregation, protection, and replacement of 
topsoil or other suitable growth medium, and the 
prevention, where possible, of soil contamination. 
(2) Maintenance of the stability of all surface 
areas. 
(3) Control of sediments to prevent erosion and 
manage drainage. 
(4) Minimization of the formation and migra-
tion of acidic, alkaline, metal-bearing, or other dele-
terious leachate. 
(5) Reduction of the visual impact of mineral 
activities to the surrounding topography, including 
as necessary pit backfill. 
(6) Establishment of a diverse, effective, and 
permanent vegetative cover of the same seasonal va-
riety native to the area affected by mineral activities, 
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and equal in extent of cover to the natural vegeta-
tion of the area. 
(7) Design and maintenance of leach oper-
ations, impoundments, and excess waste according to 
standard engineering standards to achieve and main-
tain stability and reclamation of the site. 
(8) Removal of structures and roads and seal-
ing of drill holes. 
(9) Restoration of, or mitigation for, fish and 
wildlife habitat disturbed by mineral activities. 
(10) Preservation of cultural, paleontological, 
and cave resources. 
(11) Prevention and suppression of fire in the 
area of mineral activities. 
(c) SURFACE OR GROUNDWATER WITHDRAWALS.— 
The Secretary shall work with State and local govern-
ments with authority over the allocation and use of surface 
and groundwater in the area around the mine site as nec-
essary to ensure that any surface or groundwater with-
drawals made as a result of mining activities approved 
under this section do not cause undue degradation. 
(d) SPECIAL RULE.—Reclamation activities for a 
mining claim that has been forfeited, relinquished, or 
lapsed, or a plan that has expired or been revoked or sus-
pended, shall continue subject to review and approval by 
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the Secretary, or for National Forest System lands the 
Secretary of Agriculture. 
SEC. 308. STATE LAW AND REGULATION. 
(a) STATE LAW.—(1) Any reclamation, land use, en-
vironmental, or public health protection standard or re-
quirement in State law or regulation that meets or exceeds 
the requirements of this Act shall not be construed to be 
inconsistent with any such standard. 
(2) Any bonding standard or requirement in State 
law or regulation that meets or exceeds the requirements 
of this Act shall not be construed to be inconsistent with 
such requirements. 
(3) Any inspection standard or requirement in State 
law or regulation that meets or exceeds the requirements 
of this Act shall not be construed to be inconsistent with 
such requirements. 
(b) APPLICABILITY
OF OTHER STATE REQUIRE-
MENTS.—(1) Nothing in this Act shall be construed as af-
fecting any toxic substance, solid waste, or air or water 
quality, standard or requirement of any State, county, 
local, or tribal law or regulation, which may be applicable 
to mineral activities on lands subject to this Act. 
(2) Nothing in this Act shall be construed as affecting 
in any way the right of any person to enforce or protect, 
under applicable law, such person’s interest in water re-
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sources affected by mineral activities on lands subject to 
this Act. 
(c) COOPERATIVE AGREEMENTS.—(1) Any State 
may enter into a cooperative agreement with the Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, for the purposes of such Secretary applying 
such standards and requirements referred to in subsection 
(a) and subsection (b) to mineral activities or reclamation 
on lands subject to this Act. 
(2) In such instances where the proposed mineral ac-
tivities would affect lands not subject to this Act in addi-
tion to lands subject to this Act, in order to approve a 
plan of operations the Secretary concerned shall enter into 
a cooperative agreement with the State that sets forth a 
common regulatory framework consistent with the require-
ments of this Act for the purposes of such plan of oper-
ations. Any such common regulatory framework shall not 
negate the authority of the Federal Government to inde-
pendently inspect mines and operations and bring enforce-
ment actions for violations. 
(3) The Secretary concerned shall not enter into a 
cooperative agreement with any State under this section 
until after notice in the Federal Register and opportunity 
for public comment and hearing. 
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(d) PRIOR AGREEMENTS.—Any cooperative agree-
ment or such other understanding between the Secretary 
concerned and any State, or political subdivision thereof, 
relating to the management of mineral activities on lands 
subject to this Act that was in existence on the date of 
enactment of this Act may only continue in force until 1 
year after the date of enactment of this Act. During such 
1-year period, the State and the Secretary shall review the 
terms of the agreement and make changes that are nec-
essary to be consistent with this Act. 
SEC. 309. LIMITATION ON THE ISSUANCE OF PERMITS. 
No permit shall be issued under this title that author-
izes mineral activities that would impair the land or re-
sources of a National Park or a National Monument. For 
purposes of this section, the term ‘‘impair’’ shall include 
any diminution of the affected land including wildlife, sce-
nic assets, water resources, air quality, and acoustic quali-
ties, or other changes that would impair a citizen’s experi-
ence at the National Park or National Monument. 
TITLE IV—MINING MITIGATION 
Subtitle A—Locatable Minerals 
Fund 
SEC. 401. ESTABLISHMENT OF FUND. 
(a) ESTABLISHMENT.—There is established on the 
books of the Treasury of the United States a separate ac-
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count to be known as the Locatable Minerals Fund (here-
inafter in this subtitle referred to as the ‘‘Fund’’). 
(b) INVESTMENT.—The Secretary shall notify the 
Secretary of the Treasury as to what portion of the Fund 
is not, in the Secretary’s judgment, required to meet cur-
rent withdrawals. The Secretary of the Treasury shall in-
vest such portion of the Fund in public debt securities 
with maturities suitable for the needs of such Fund and 
bearing interest at rates determined by the Secretary of 
the Treasury, taking into consideration current market 
yields on outstanding marketplace obligations of the 
United States of comparable maturities. 
SEC. 402. CONTENTS OF FUND. 
The following amounts shall be credited to the Fund: 
(1) All moneys collected pursuant to section 
506 (relating to enforcement) and section 504 (relat-
ing to citizens suits). 
(2) 
All 
fees 
received 
under 
section 
304(a)(1)(B). 
(3) All donations by persons, corporations, as-
sociations, and foundations for the purposes of this 
subtitle. 
(4) All amounts deposited in the Fund under 
section 102 (relating to royalties and penalties for 
underreporting). 
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(5) All amounts received by the United States 
pursuant to section 101 from issuance of patents. 
(6) All amounts received by the United States 
pursuant to section 103 as claim maintenance and 
location fees minus the moneys allocated for admin-
istration of the mining laws by the Department of 
the Interior. 
(7) All income on investments under section 
401(b). 
SEC. 403. SUBACCOUNTS. 
There shall be in the Fund 2 subaccounts, as follows: 
(1) The Hardrock Reclamation Account, which 
shall consist of two-thirds of the amounts credited to 
the Fund under section 402 and which shall be ad-
ministered by the Secretary acting through the Di-
rector of the Office of Surface Mining and Enforce-
ment. 
(2) The Hardrock Community Impact Assist-
ance Account, which shall consist of one-third of the 
amounts credited to the Fund under section 402 and 
which shall be administered by the Secretary acting 
through the Director of the Bureau of Land Man-
agement. 
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Subtitle B—Use of Hardrock 
Reclamation Account 
SEC. 411. USE AND OBJECTIVES OF THE ACCOUNT. 
(a) IN GENERAL.—The Secretary is authorized, sub-
ject to appropriations, to use moneys in the Hardrock Rec-
lamation Account for the reclamation and restoration of 
land and water resources adversely affected by past min-
eral activities on lands the legal and beneficial title to 
which resides in the United States, land within the exte-
rior boundary of any national forest system unit, or other 
lands described in subsection (d) or section 412, including 
any of the following: 
(1) Protecting public health and safety. 
(2) Preventing, abating, treating, and control-
ling water pollution created by abandoned mine 
drainage, including in river watershed areas. 
(3) Reclaiming and restoring abandoned surface 
and underground mined areas. 
(4) Reclaiming and restoring abandoned milling 
and processing areas. 
(5) Backfilling, sealing, or otherwise control-
ling, abandoned underground mine entries. 
(6) Revegetating land adversely affected by past 
mineral activities in order to prevent erosion and 
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sedimentation, to enhance wildlife habitat, and for 
any other reclamation purpose. 
(7) Controlling of surface subsidence due to 
abandoned underground mines. 
(b) ALLOCATION.—Of the amounts deposited into the 
Hardrock Reclamation Account, 50 percent shall be allo-
cated by the Secretary among the States within the bound-
aries of which occurs production of locatable minerals 
from mining claims located under the general mining laws 
and maintained in compliance with this Act, or mineral 
concentrates or products derived from locatable minerals 
from mining claims located under the general mining laws 
and maintained in compliance with this Act, as the case 
may be, in proportion to the amount of such production 
in each such State. Expenditures of the remainder of such 
amounts shall reflect the following priorities in the order 
stated: 
(1) The protection of public health and safety, 
from extreme danger from the adverse effects of 
past mineral activities, especially as relates to sur-
face water and groundwater contaminants. 
(2) The protection of public health and safety, 
from the adverse effects of past mineral activities. 
(3) The restoration of land, water, and fish and 
wildlife resources previously degraded by the adverse 
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effects of past mineral activities, which may include 
restoration activities in river watershed areas. 
(c) HABITAT.—Reclamation and restoration activities 
under this subtitle, particularly those identified under sub-
section (a)(4), shall include appropriate mitigation meas-
ures to provide for the continuation of any established 
habitat for wildlife in existence prior to the commencement 
of such activities. 
(d) OTHER AFFECTED LANDS.—Where mineral ex-
ploration, mining, beneficiation, processing, or reclamation 
activities have been carried out with respect to any mineral 
which would be a locatable mineral if the legal and bene-
ficial title to the mineral were in the United States, if such 
activities directly affect lands managed by the Bureau of 
Land Management as well as other lands and if the legal 
and beneficial title to more than 50 percent of the affected 
lands resides in the United States, the Secretary is author-
ized, subject to appropriations, to use moneys in the 
Hardrock Reclamation Account for reclamation and res-
toration 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-
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tion, and Liability Act of 1980 (42 U.S.C. 9601), shall 
be conducted with the concurrence of the Administrator 
of the Environmental Protection Agency. The Secretary 
and the Administrator shall enter into a Memorandum of 
Understanding to establish procedures for consultation, 
concurrence, training, exchange of technical expertise and 
joint activities under the appropriate circumstances, that 
provide assurances that reclamation or restoration activi-
ties under this subtitle shall not be conducted in a manner 
that increases the costs or likelihood of removal or reme-
dial actions under the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.), and that avoid oversight by multiple 
agencies to the maximum extent practicable. 
SEC. 412. 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 
such lands or water 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. 
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(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 302(b). 
(b) SPECIFIC SITES AND AREAS NOT ELIGIBLE.— 
The provisions of section 411(d) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 
1240a(d)) shall apply to expenditures made from the 
Hardrock Reclamation Account. 
(c) INVENTORY.—The Secretary shall prepare and 
maintain a publicly available inventory of abandoned 
locatable minerals mines on public lands and any aban-
doned mine on Indian lands that may be eligible for ex-
penditures under this subtitle, and shall deliver a yearly 
report to the Congress on the progress in cleanup of such 
sites. 
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SEC. 413. EXPENDITURES. 
Moneys available from the Hardrock Reclamation Ac-
count may be expended for the purposes specified in sec-
tion 411 directly by the Director of the Office of Surface 
Mining Reclamation and Enforcement. The Director may 
also make such money available 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, or Director 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 implement, and that has 
the ability to carry out, all or a significant portion of a 
reclamation program under this subtitle. 
SEC. 414. AUTHORIZATION OF APPROPRIATIONS. 
Amounts credited to the Hardrock Reclamation Ac-
count are authorized to be appropriated for the purpose 
of this subtitle without fiscal year limitation. 
Subtitle C—Use of Hardrock Com-
munity Impact Assistance Ac-
count 
SEC. 421. USE AND OBJECTIVES OF THE ACCOUNT. 
Amounts in the Hardrock Community Impact Assist-
ance Account shall be available to the Secretary, subject 
to appropriations, to provide assistance for the planning, 
construction, and maintenance of public facilities and the 
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provision of public services to States, political subdivisions 
and Indian tribes that are socially or economically im-
pacted by mineral activities conducted under the general 
mining laws. 
SEC. 422. ALLOCATION OF FUNDS. 
Moneys deposited into the Hardrock Community Im-
pact Assistance Account shall be allocated by the Sec-
retary for purposes of section 421 among the States within 
the boundaries of which occurs production of locatable 
minerals from mining claims located under the general 
mining laws and maintained in compliance with this Act, 
or mineral concentrates or products derived from locatable 
minerals from mining claims located under the general 
mining laws and maintained in compliance with this Act, 
as the case may be, in proportion to the amount of such 
production in each such State. 
TITLE V—ADMINISTRATIVE AND 
MISCELLANEOUS PROVISIONS 
Subtitle A—Administrative 
Provisions 
SEC. 501. POLICY FUNCTIONS. 
(a) MINERALS POLICY.—Section 101 of the Mining 
and Minerals Policy Act of 1970 (30 U.S.C. 21a) is 
amended— 
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(1) in the first sentence by inserting before the 
period at the end the following: ‘‘and to ensure that 
mineral extraction and processing not cause undue 
degradation of the natural and cultural resources of 
the public lands’’; and 
(2) 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.’’. 
(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(e)(3)) is amended by insert-
ing before the period the following: ‘‘, except that for Na-
tional Forest System lands the Secretary of Agriculture 
shall promptly initiate actions to improve the availability 
and analysis of mineral data in public land use decision-
making’’. 
SEC. 502. USER FEES. 
(a) IN GENERAL.—The Secretary and the Secretary 
of Agriculture may each establish and collect from persons 
subject to the requirements of this Act such user fees as 
may be necessary to reimburse the United States for the 
expenses 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 
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in an aggregate amount of the fees collected during any 
fiscal year which does not exceed the aggregate amount 
of administrative expenses referred to in this section. 
(b) ADJUSTMENT.—(1) The Secretary shall adjust 
the fees required by this section to reflect changes in the 
Consumer Price Index published by the Bureau of Labor 
Statistics of the Department of Labor every 5 years after 
the date of enactment of this Act, or more frequently if 
the Secretary determines an adjustment to be reasonable. 
(2) The Secretary shall provide claimants notice of 
any adjustment made under this subsection not later than 
July 1 of any year in which the adjustment is made. 
(3) A fee adjustment under this subsection shall 
begin to apply the calendar year following the calendar 
year in which it is made. 
SEC. 503. 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 requirements of this Act. 
(2) The Secretary concerned shall establish a fre-
quency of inspections for mineral activities conducted 
under a permit issued under title III, but in no event shall 
such inspection frequency be less than one complete in-
spection per calendar quarter or, two per calendar quarter 
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in the case of a permit for which the Secretary concerned 
approves an application under section 304(f) (relating to 
temporary cessation of operations). After revegetation has 
been established in accordance with a reclamation plan, 
such Secretary shall conduct annually 2 complete inspec-
tions. 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 financial assur-
ance. 
(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 requirements of a permit ap-
proved under this Act may request an inspection. The Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, shall determine within 10 working days of 
receipt of the request whether the request states a reason 
to believe that a violation exists. If the person alleges and 
provides reason to believe that an imminent threat to the 
environment or danger to the health or safety of the public 
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-
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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 sup-
plying information to the Secretary relating to a possible 
violation or imminent danger or harm shall remain con-
fidential with the Secretary if so requested by that person, 
unless 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 moni-
toring and evaluation system that shall identify compli-
ance with all requirements of a permit approved under this 
Act. The Secretary concerned may require additional mon-
itoring to be conducted as necessary to assure compliance 
with the reclamation and other environmental standards 
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of this Act. Such plan must be reviewed and approved by 
the Secretary and shall become a part of the explorations 
or operations permit. 
(2) 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 requirements of a permit approved under 
this Act, it shall be reported immediately to the Secretary 
concerned. The Secretary shall evaluate the reports sub-
mitted pursuant to this paragraph, and based on those 
reports and any necessary inspection shall take enforce-
ment action pursuant to this section. Such reports shall 
be maintained by the operator and by the Secretary and 
shall be made available to the public. 
(3) The Secretary, or for National Forest System 
lands the Secretary of Agriculture, shall determine what 
information shall be reported by the operator pursuant to 
paragraph (3). A failure to report as required by the Sec-
retary concerned shall constitute a violation of this Act 
and subject the operator to enforcement action pursuant 
to section 506. 
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SEC. 504. CITIZENS SUITS. 
(a) IN GENERAL.—Except as provided in subsection 
(b), any person 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) who is alleged to be 
in violation of any of the provisions of this Act or 
any regulation promulgated pursuant to title III of 
this Act or any term or condition of any permit 
issued under title III of this Act; 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 this Act, 
or to promulgate any regulation under this Act, 
which is not within the discretion of the Secretary 
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 Act. 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 re-
viewable under section 505 may only be filed in a United 
States district court within the circuit in which such action 
would be reviewable under section 505. 
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(b) EXCEPTIONS.—(1) No action may be commenced 
under subsection (a) before the end of the 60-day period 
beginning on the date the plaintiff has given notice in writ-
ing of such alleged violation to the alleged violator and 
the Secretary, or for National Forest System lands the 
Secretary of Agriculture, except that any such action may 
be brought immediately after such notification if the viola-
tion complained of constitutes an imminent threat to the 
environment 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 505 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, United States Code. 
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(d) 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 party whenever the court determines such 
award is appropriate. The court may, if a temporary re-
straining order or preliminary injunction is sought, require 
the filing of a bond or equivalent security in accordance 
with the Federal Rules of Civil Procedure. 
(e) 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, United States Code, 
under this section, or under any other statute or common 
law to bring an action to seek any relief against the Sec-
retary or the Secretary of Agriculture or against any other 
person, including any action for any violation of this Act 
or of any regulation or permit issued under this Act 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, United States Code, including any 
action for any violation of this Act or of any regulation 
or permit issued under this Act or for any failure to act 
as required by law. 
SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) REVIEW
BY SECRETARY.—(1)(A) Any person 
issued a notice of violation or cessation order under sec-
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tion 506, 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 after receipt thereof, or as the 
case may be, within 30 days after such notice or order 
is modified, vacated, or terminated. 
(B) Any person who is subject to a penalty assessed 
under section 506 may apply to the Secretary concerned 
for review of the assessment within 45 days of notification 
of such penalty. 
(C) Any person may apply to such Secretary for re-
view of the decision within 30 days after it is made. 
(D) Pending a review by the Secretary or resolution 
of an administrative appeal, final decisions (except en-
forcement actions under section 506) shall be stayed. 
(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 506. 
(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 
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order vacating, affirming, modifying, or terminating the 
notice, order, or decision, or with respect to an assess-
ment, the amount of penalty that is warranted. Where the 
application for review concerns a cessation order issued 
under section 506 the Secretary concerned shall issue the 
written decision within 30 days of the receipt of the appli-
cation for review or within 30 days after the conclusion 
of 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 506 
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 or she may prescribe only if such relief shall 
not adversely affect the health or safety of the public or 
cause imminent environmental harm to land, air, or water 
resources. 
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(5) The availability of review under this subsection 
shall not be construed to limit the operation of rights 
under section 504 (relating to citizen suits). 
(b) JUDICIAL REVIEW.—(1) Any final action by the 
Secretaries of the Interior and Agriculture in promul-
gating regulations to implement this Act, or any other 
final actions constituting rulemaking to implement this 
Act, shall be subject to judicial review only in the United 
States Court of Appeals for the District of Columbia. Any 
action subject to judicial review under this subsection shall 
be affirmed unless the court concludes that such action 
is arbitrary, capricious, or otherwise inconsistent with law. 
A petition for review of any action subject to judicial re-
view 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 60th 
day. Any such petition may be made by any person who 
commented 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 subsection, includ-
ing such final action on those matters described under 
subsection (a), shall be subject to judicial review in accord-
ance with paragraph (4) and pursuant to section 1391 of 
title 28, United States Code, on or before 60 days from 
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the date of such final action. Any action subject to judicial 
review under this subsection shall be affirmed unless the 
court concludes that such action is arbitrary, capricious, 
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 504 (relating to citizens 
suits). 
(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-
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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. 
SEC. 506. 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 environmental pro-
tection requirement under title III or any regulation 
issued by the Secretaries to implement this Act, such Sec-
retary or authorized representative shall issue to such per-
son a notice of violation 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 Secretary concerned upon a showing 
of good cause by such person. If, upon the expiration of 
time provided for such abatement, the Secretary con-
cerned, or the authorized representative of such Secretary, 
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finds that the violation has not been abated he or she 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 requirement under a permit approved 
under this Act, and such condition, practice or violation 
is causing, or can reasonably be expected to cause— 
(A) an imminent danger to the health or safety 
of the public; or 
(B) significant, imminent environmental harm 
to land, air, water, or 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 viola-
tion. 
(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 
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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. 
(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 claim holder or op-
erator (or any person who controls the claim holder or op-
erator) as will most likely bring about abatement in the 
most expeditious manner possible. Such alternative en-
forcement action may include, but is not necessarily lim-
ited to, seeking appropriate injunctive relief to bring about 
abatement. Nothing in this paragraph shall preclude the 
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, from taking alternative enforcement 
action prior to the expiration of 30 days. 
(5) If a claim holder or operator (or any person who 
controls the claim holder or operator) fails to abate a vio-
lation or defaults on the terms of the permit, the Sec-
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retary, or for National Forest System lands the Secretary 
of Agriculture, shall forfeit the financial assurance for the 
plan as necessary to ensure abatement and reclamation 
under this Act. The Secretary concerned may prescribe 
conditions 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 for-
feiture of the financial assurance while administrative or 
judicial review is pending. 
(7) In the event of forfeiture, the claim holder, oper-
ator, 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 
Act. 
(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— 
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(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 503. 
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 
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 Act. 
(d) PENALTIES.—(1) Any person who fails to comply 
with any requirement of a permit approved under this Act 
or any regulation issued by the Secretaries to implement 
this Act 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 assess-
ments. 
(2) A person who fails to correct a violation for which 
a cessation order has been issued under subsection (a) 
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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. 
(3) Whenever a corporation is in violation of a re-
quirement of a permit approved under this Act or any reg-
ulation issued by the Secretaries to implement this Act 
or fails or refuses to comply with an order issued under 
subsection (a), any director, officer, or agent of such cor-
poration who knowingly authorized, ordered, or carried 
out such violation, failure, or refusal shall be subject to 
the same penalties as may be imposed upon the person 
referred to in paragraph (1). 
(e) SUSPENSIONS OR REVOCATIONS.—The Secretary, 
or for National Forest System lands the Secretary of Agri-
culture, shall suspend or revoke a permit issued under title 
III, in whole or in part, if the operator— 
(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 Act; 
(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; 
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(4) refuses to permit an audit pursuant to this 
Act; 
(5) fails to maintain an adequate financial as-
surance under section 306; 
(6) fails to pay claim maintenance fees or other 
moneys due and owing under this Act; or 
(7) with regard to plans conditionally approved 
under section 305(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. 
(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 Act; or 
(2) falsifies, tampers with, renders inaccurate, 
or fails to install any monitoring device or method 
required to be maintained under this Act, 
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-
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tion committed after a first conviction of such person 
under this subsection, 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 title III; or 
(2) violates any other requirement of a permit 
issued under this Act, or any 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 sub-
section, 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) KNOWING AND WILLFUL VIOLATIONS.—Any per-
son who knowingly and willfully commits an act for which 
a civil penalty is provided in paragraph (1) of subsection 
(g) shall, upon conviction, be punished by a fine of not 
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