degradation to a special characteristic described in 
paragraph (2) of such land that cannot be prevented 
by the imposition of conditions in the permit re-
quired for such activities under title III. 
(2) SPECIAL CHARACTERISTICS.—For purposes 
of paragraph (1), the Secretary concerned shall con-
sider each of the following to be a special char-
acteristic: 
(A) The existence of a significant water re-
source or supply in or associated with such 
land, including any aquifer or aquifer recharge 
area. 
(B) The presence on such land, or any ad-
jacent land, of a publicly owned place that is 
listed on, or determined by the Secretary to be 
eligible for listing on, the National Register of 
Historic Places. 
(C) The designation of all or any portion 
of such land, or any adjacent land, as a Na-
tional Conservation System unit. 
(D) The designation of all or any portion 
of such land, or any adjacent land, as critical 
habitat under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.). 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(E) The designation of all or any portion 
of such land, or any adjacent land, as a class 
I area under section 162 of the Clean Air Act 
(42 U.S.C. 7472). 
(F) The presence of such other resource 
values as the Secretary concerned may by regu-
lation specify, determined based upon field test-
ing, evaluation, or credible information that 
verifies such values. 
(G) The designation of such land, or adja-
cent land, as a Research Natural Area. 
(H) The presence on such land, or any ad-
jacent land, of a sacred site. 
(I) The presence or designation of such 
land adjacent to land not open to mining pursu-
ant to section 111. 
(3) PUBLIC COMMENT.—A determination under 
this subsection of suitability for mineral activities 
shall be made after publication of notice and an op-
portunity for submission of public comment for a pe-
riod of not less than 60 days. 
(4) INCLUSION IN FEDERAL LAND USE PLAN.— 
Any determination made in accordance with this 
subsection with respect to land shall be incorporated 
into each Federal land use plan applicable to such 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
land, at the time such Federal land use plan is 
adopted, revised, or significantly amended pursuant 
to any Federal law other than this Act. 
(c) CHANGE REQUEST.—The Secretary concerned 
shall, by regulation, provide an opportunity for any person 
to request a change in determination for any Federal land 
found suitable under subsection (a). 
(d) EXISTING OPERATIONS.—Nothing in this section 
shall be construed to affect land on which mineral activi-
ties were being conducted on the effective date of this Act 
under an approved plan of operations or under notice. 
TITLE II—CONSULTATION 
PROCEDURE 
SEC. 201. REQUIREMENT FOR CONSULTATION. 
Agencies shall conduct meaningful timely consulta-
tion with Indian Tribes following the procedures of the 
President’s Memorandum of Uniform Standards for Trib-
al Consultation, issued on November 30, 2022, before un-
dertaking any mineral activities that may have a direct, 
indirect, or cumulative impact on— 
(1) the land, including allotted, ceded, or tradi-
tional land, or interests in such land of an Indian 
Tribe or member of an Indian Tribe; 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) Tribal land, cultural practices, resources, or 
access to traditional areas of cultural or religious 
importance; 
(3) any part of any Federal land that shares a 
border with Indian country, as such term is defined 
in section 1151 of title 18, United States Code; 
(4) the protected rights of an Indian Tribe, 
whether or not such rights are enumerated in a trea-
ty, including water, hunting, gathering, and fishing 
rights; 
(5) the ability of an Indian Tribe to govern or 
provide services to members of the Indian Tribe; 
(6) the relationship between the Federal Gov-
ernment and an Indian Tribe; or 
(7) the trust responsibility of the Federal Gov-
ernment to an Indian Tribe. 
TITLE 
III—ENVIRONMENTAL 
CONSIDERATIONS 
OF 
MIN-
ERAL EXPLORATION AND DE-
VELOPMENT 
SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON 
FEDERAL LAND. 
Notwithstanding section 302(b) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1732(b)), 
the first section of the Act of June 4, 1897 (16 U.S.C. 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB
478), and the National Forest Management Act of 1976 
(16 U.S.C. 1600 et seq.), and in accordance with this title 
and applicable law, unless expressly stated otherwise in 
this Act, the Secretary shall ensure that mineral activities 
on any Federal land that is subject to a mining claim, 
millsite, tunnel site, or any authorization issued under title 
I of this Act are carefully controlled to prevent unneces-
sary or undue degradation of Federal land and resources. 
SEC. 302. PERMITS. 
(a) PERMITS REQUIRED.—No person may engage in 
mineral activities on Federal land that may cause a dis-
turbance of surface resources, including land, air, ground 
water and surface water, and fish and wildlife, unless a 
permit is issued to such person under this title authorizing 
such activities. 
(b) CASUAL USE.—Notwithstanding subsection (a), 
a permit under this title shall not be required for mineral 
activities that are a casual use of the Federal land. 
(c) NATIONAL ENVIRONMENTAL POLICY ACT.— 
(1) IN GENERAL.—The Secretary and the Sec-
retary of Agriculture shall conduct the permit proc-
esses under this Act in accordance with the timing 
and other requirements under section 102 of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4332). 
VerDate Sep 11 2014 
09:16 Mar 19, 2025
Jkt 059200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H1865.IH
H1865
kjohnson on DSK7ZCZBW3PROD with $$_JOB