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Native American Graves Protection and Repatriation 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 Act 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.
SEC. 415. AVAILABILITY OF PUBLIC RECORDS.
Copies of records, reports, inspection materials, or in-
formation obtained by the Secretary or the Secretary of
Agriculture under this Act shall be made immediately
available to the public, consistent with section 552 of title
5, United States Code, in central and sufficient locations
in the county, multicounty, and State area of mineral ac-
tivity or reclamation so that such items are conveniently
available to residents in the area proposed or approved for
mineral activities and on the Internet.
SEC. 416. MISCELLANEOUS POWERS.
(a) IN GENERAL.—In carrying out his or her duties
under this Act, the Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, may conduct any
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investigation, inspection, or other inquiry necessary and
appropriate and may conduct, after notice, any hearing
or audit, necessary and appropriate to carrying out his
or her duties.
(b) ANCILLARY POWERS.—In connection with any
hearing, inquiry, investigation, or audit under this Act, the
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, is authorized to take any of the fol-
lowing 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
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-
118
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
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 Act are located;
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(2) may at reasonable times, and without delay,
have access to records, inspect any monitoring
equipment, or review any method of operation re-
quired under this Act;
(3) may engage in any work and do all things
necessary or expedient to implement and administer
the provisions of this Act;
(4) may, on any mining claim located under the
general mining laws and maintained in compliance
with this Act, and without advance notice, stop and
inspect any motorized form of transportation that
such Secretary has probable cause to believe is car-
rying locatable minerals, concentrates, or products
derived therefrom from a claim site for the purpose
of determining whether the operator of such vehicle
has documentation related to such locatable min-
erals, concentrates, or products derived therefrom as
required by law, if such documentation is required
under this Act; and
(5) may, if accompanied by any appropriate law
enforcement officer, or an appropriate law enforce-
ment officer alone, stop and inspect any motorized
form of transportation which is not on a claim site
if he or she has probable cause to believe such vehi-
cle is carrying locatable minerals, concentrates, or
120
products 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 docu-
mentation required by law, if such documentation is
required under this Act.
SEC. 417. 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 Act.
SEC. 418. MINERAL MATERIALS.
(a) DETERMINATIONS.—Section 3 of the Act of July
23, 1955 (30 U.S.C. 611), is amended as follows:
(1) By inserting ‘‘(a)’’ before the first sentence.
(2) By inserting ‘‘mineral materials, including
but not limited to’’ after ‘‘varieties of’’ in the first
sentence.
(3) By striking ‘‘or cinders’’ and inserting in
lieu thereof ‘‘cinders, and clay’’.
(4) By adding the following new subsection at
the end thereof:
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‘‘(b)(1) Subject to valid existing rights, after the date
of enactment of the Mineral Exploration and Development
Act of 2002, 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 2002, 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 2002 and that such claim continues to be
valid under this Act.’’.
122
(b) MINERAL
MATERIALS
DISPOSAL
CLARIFICA-
TION.—Section 4 of the Act of July 23, 1955 (30 U.S.C.
612), is amended as follows:
(1) In subsection (b) by inserting ‘‘and mineral
material’’ after ‘‘vegetative’’.
(2) In subsection (c) by inserting ‘‘and mineral
material’’ after ‘‘vegetative’’.
(c) CONFORMING AMENDMENT.—Section 1 of the
Act of July 31, 1947, entitled ‘‘An Act to provide for the
disposal of materials on the public lands of the United
States’’ (30 U.S.C. 601 and following) is amended by
striking ‘‘common varieties of’’ in the first sentence.
(d) SHORT TITLES.—
(1) SURFACE
RESOURCES.—The Act of July
23, 1955, is amended by inserting after section 7
the following new section:
‘‘SEC. 8. This Act may be cited as the ‘Surface Re-
sources Act of 1955.’’.
(2) MINERAL MATERIALS.—The Act of July 31,
1947, entitled ‘‘An Act to provide for the disposal of
materials on the public lands of the United States’’
(30 U.S.C. 601 and following) is amended by insert-
ing after section 4 the following new section:
‘‘SEC. 5. This Act may be cited as the ‘Materials Act
of 1947’.’’.
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(e) REPEALS.—(1) Subject to valid existing rights,
the Act of August 4, 1892 (27 Stat. 348, 30 U.S.C. 161),
commonly known as the Building Stone Act, is hereby re-
pealed.
(2) Subject to valid existing rights, the Act of Janu-
ary 31, 1901 (30 U.S.C. 162), commonly known as the
Saline Placer Act, is hereby repealed.
SEC. 419. APPLICATION OF ACT TO BENEFICIATION AND
PROCESSING OF NONFEDERAL MINERALS ON
FEDERAL LANDS.
The provisions of this Act (including the surface
management requirements of title II) shall apply in the
same manner and to the same extent to Federal lands
used for beneficiation or processing activities for any min-
eral without regard to whether or not the legal and bene-
ficial title to the mineral is held by the United States. This
section applies only to minerals that are locatable minerals
or minerals that would be locatable minerals if the legal
and beneficial title to such minerals were held by the
United States.
Æ