(6) 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 
for inclusion in such system pursuant to section 5(d) 
of such Act (16 U.S.C. 1276(d)). 
(7) Inventoried Roadless Areas under the 
Roadless Area Conservation Rule, part 294 of title 
36, Code of Federal Regulations, Colorado Roadless 
Areas, or Idaho Roadless Areas. 
SEC. 112. SUITABILITY DETERMINATION. 
(a) IN GENERAL.—In accordance with subsection (b), 
the Secretary concerned shall make each determination of 
whether land is suitable for mineral activities that is re-
quired by this Act. 
(b) SUITABILITY.— 
(1) IN
GENERAL.—The Secretary concerned 
shall consider land suitable for mineral activities if 
the Secretary concerned finds that such mineral ac-
tivities would not result in unnecessary or undue 
degradation to a special characteristic described in 
paragraph (2) of such land that cannot be prevented 
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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.). 
(E) The designation of all or any portion 
of such land, or any adjacent land, as a class 
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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 
land, at the time such Federal land use plan is 
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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; 
(2) Tribal land, cultural practices, resources, or 
access to traditional areas of cultural or religious 
importance; 
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(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. 
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 
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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). 
(2) COORDINATION.—To the extent practicable, 
the Secretary and the Secretary of Agriculture shall 
coordinate the permit process. 
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SEC. 303. EXPLORATION PERMIT. 
(a) AUTHORIZED EXPLORATION ACTIVITY.— 
(1) IN GENERAL.—A person may apply for an 
exploration permit for any mining claim, license, or 
lease authorizing the applicant to remove a reason-
able amount of the hardrock minerals, as defined in 
the license or lease or established in such regulations 
as the Secretary shall issue, from the area that is 
subject to the mining claim, license, or lease, respec-
tively, for analysis, study, and testing. 
(2) LIMITATION.—Such permit shall not au-
thorize the applicant to remove any mineral for sale 
nor to conduct any activities other than those re-
quired for exploration for hardrock minerals and rec-
lamation. 
(b) PERMIT
APPLICATION
REQUIREMENTS.—To 
apply for an exploration permit under this section, a per-
son shall submit to the Secretary concerned an application 
for such permit in a manner determined satisfactory by 
the Secretary concerned, which shall include— 
(1) an exploration plan; 
(2) a reclamation plan for the proposed explo-
ration; and 
(3) such documentation as is necessary to en-
sure compliance with applicable Federal and State 
environmental laws and regulations. 
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(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 
may be jointly issued by the Secretary and the Secretary 
of Agriculture by regulation, including the following re-
quirements: 
(1) The applicant has demonstrated that pro-
posed reclamation can be accomplished. 
(2) The proposed exploration activities and con-
dition of the land after the completion of exploration 
activities and final reclamation will conform with the 
land use plan applicable to the area subject to min-
eral activities. 
(3) The area subject to the proposed explo-
ration permit is not included within an area listed 
in section 111. 
(4) The applicant has 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 con-
cerned. 
(5) The applicant has demonstrated that the re-
quirements of section 306 will be met. 
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(6) The applicant is eligible to receive a permit 
under section 305. 
(d) TERM OF PERMIT.—An exploration permit shall 
be for a stated term, which shall be— 
(1) not greater than that necessary to accom-
plish the proposed exploration; and 
(2) in no case for more than 10 years. 
(e) PERMIT MODIFICATION.— 
(1) IN GENERAL.—An exploration permit holder 
may, during the term of the exploration permit, sub-
mit to the Secretary concerned an application to 
modify such permit. 
(2) APPROVAL OF MODIFICATION.—To approve 
a proposed modification to the permit, the Secretary 
concerned shall make the same determinations as 
are required in the case of an original permit, except 
that the Secretary and the Secretary of Agriculture 
may specify by joint regulation the extent to which 
requirements for initial exploration permits under 
this section shall apply to applications to modify an 
exploration permit based on whether the Secretary 
concerned determines such modifications are signifi-
cant or minor. 
(f) TRANSFER, ASSIGNMENT, OR SALE OF RIGHTS.— 
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(1) PRIOR WRITTEN APPROVAL.—No transfer, 
assignment, or sale of rights granted by an explo-
ration permit issued under this section may be made 
without the prior written approval of the Secretary 
concerned. 
(2) APPROVAL.—The Secretary concerned shall 
allow an exploration permit holder to transfer, as-
sign, or sell rights under such permit to a successor, 
if the Secretary concerned finds in writing that the 
successor— 
(A) is eligible to receive a permit under 
section 304; 
(B) has submitted evidence of financial as-
surance satisfactory under section 306; and 
(C) meets any other requirements specified 
by the Secretary concerned. 
(3) ASSUMED LIABILITY.—The successor in in-
terest shall assume the liability and reclamation re-
sponsibilities established by the existing exploration 
permit and shall conduct the mineral activities in 
full compliance with this Act, and the terms and 
conditions of the exploration permit as in effect at 
the time of transfer, assignment, or sale. 
(4) FEE.—Each application for approval of an 
exploration permit transfer, assignment, or sale pur-
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(ii) agrees to pay all fees required 
under that title for such permit. 
(2) TERMS AND CONDITIONS.—The Secretary 
concerned shall include in each permit issued under 
this section such terms and conditions as the Sec-
retary concerned determines necessary to carry out 
this title. 
(b) PERMIT
APPLICATION
REQUIREMENTS.—To 
apply for an operations permit under this section, a person 
shall submit to the Secretary concerned an application for 
such permit in a manner determined satisfactory by the 
Secretary concerned, which shall include site characteriza-
tion data, an operations plan, a reclamation plan, moni-
toring plans, long-term maintenance plans, to the extent 
necessary, and such documentation as necessary to ensure 
compliance with applicable Federal and State environ-
mental laws and regulations. If the proposed mineral ac-
tivities will be carried out in conjunction with mineral ac-
tivities on adjacent non-Federal land, information on the 
location and nature of such operations may be required 
by the Secretary. 
(c) PERMIT ISSUANCE OR DENIAL.— 
(1) IN GENERAL.—After providing for public 
participation pursuant to subsection (i), the Sec-
retary concerned shall issue an operations permit if 
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the Secretary concerned makes each of the following 
determinations in writing, and shall deny an oper-
ations permit if the Secretary concerned 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 
reclamation plan, are complete, accurate, and 
sufficient to develop a good understanding of 
the anticipated impacts of the mineral activities 
and the effectiveness of proposed mitigation and 
control of such mineral activities. 
(B) The applicant has demonstrated that 
the proposed reclamation in the operations and 
reclamation plans can be and is likely to be ac-
complished by the applicant and will not cause 
unnecessary or undue degradation. 
(C) The condition of the land subject to 
the operations permit, including the fish and 
wildlife resources and habitat contained there-
on, will be fully reclaimed after the completion 
of mineral activities. 
(D) The area subject to the proposed plan 
is not listed in section 111 or otherwise ineli-
gible for mineral activities. 
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(E) The proposed operation has been de-
signed to prevent material damage to the hy-
drologic balance outside the land subject to the 
operations permit. 
(F) The applicant will fully comply with 
the requirements of section 306 before the initi-
ation of operations. 
(G) Neither the applicant nor operator (or 
any subsidiary or affiliate the applicant or oper-
ator) is ineligible to receive a permit under sec-
tion 305. 
(H) The reclamation plan demonstrates 
that 10 years after the end of mineral activities 
under the operations permit, no treatment of 
surface or ground water for carcinogens or tox-
ins will be required to meet water quality stand-
ards at the point of discharge. 
(2) CONSULTATION
WITH
ENVIRONMENTAL 
PROTECTION AGENCY.—With respect to any activi-
ties specified in the reclamation plan referred to in 
subsection (b) that constitute a removal or remedial 
action under section 101 of the Comprehensive Envi-
ronmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601), the Secretary con-
cerned shall consult with the Administrator of the 
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Environmental 
Protection 
Agency 
before 
the 
issuance of an operations permit, who shall ensure 
that the reclamation plan does not require activities 
that would increase the costs or likelihood of re-
moval or remedial actions under the that Act (42 
U.S.C. 9601 et seq.) or corrective actions under the 
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 
(d) TERM OF PERMIT; RENEWAL.— 
(1) 
IN
GENERAL.—An 
operations 
permit 
shall— 
(A) be for an initial term not longer than 
the shorter of— 
(i) the period necessary to accomplish 
the proposed mineral activities subject to 
the permit; and 
(ii) the length of time remaining on 
the hardrock mining lease of the applicant; 
(B) be renewed for additional 10-year peri-
ods if— 
(i) the operation subject to the permit 
is in compliance with the requirements of 
this Act and other applicable law; and 
(ii) the hardrock mining lease of the 
applicant has been renewed for that 10- 
year period; and 
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(C) expire 5 years after the commencement 
of a temporary cessation unless, before the expi-
ration of the 5 years, the operator has filed 
with the Secretary concerned a request for ap-
proval to resume operations. 
(2) FAILURE TO COMMENCE MINERAL ACTIVI-
TIES.—Failure by the operator to commence mineral 
activities not later than 2 years after the date sched-
uled in an operations permit shall require a modi-
fication of the permit if the Secretary concerned de-
termines that modifications are necessary to comply 
with section 111. 
(e) PERMIT MODIFICATION.— 
(1) APPLICATION.—An operator may, during 
the term of the operations permit, submit to the 
Secretary concerned an application to modify such 
permit or the operations plan or reclamation plan 
associated with such permit. 
(2) 
MODIFICATION
BY
SECRETARY
CON-
CERNED.— 
(A) IN GENERAL.—At any time, the Sec-
retary concerned may require reasonable modi-
fication to any operations plan or reclamation 
plan upon a determination that the require-
ments of this Act cannot be met if the plan is 
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(1) Reclamation or restoration covered by the 
financial assurance has been accomplished as re-
quired by this Act. 
(2) The terms and conditions of any other ap-
plicable Federal requirements, and State require-
ments applicable pursuant to cooperative agreements 
under section 308, have been fulfilled. 
(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 reclamation 
plan, that portion of the total financial assurance se-
cured for the area subject to mineral activities at-
tributable to the completed activities may be re-
leased, except that sufficient financial assurance 
must be retained to address other required reclama-
tion needs and to ensure the long-term success of 
the revegetation. 
(2) After the operator has successfully com-
pleted all remaining mineral activities and reclama-
tion activities and all requirements of the operations 
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105 
(D) CONTINUED VIOLATION.—If, upon the 
expiration of the time period under subpara-
graph (B), including any extension under sub-
paragraph (C), the Secretary concerned finds 
that the person issued a notice of violation 
under subparagraph (A) has not abated such 
violation, the Secretary concerned shall imme-
diately order a cessation of all mineral activities 
or the portion thereof relevant to the violation. 
(2) ORDER FOR IMMEDIATE CESSATION.—If the 
Secretary concerned determines that any condition 
or practice exists, or that any person is in violation 
of any requirement under a permit issued under this 
Act, and such condition, practice, or violation is 
causing, or can reasonably be expected to cause ei-
ther of the following, the Secretary concerned shall 
immediately order a cessation of all mineral activi-
ties or the portion thereof relevant to the condition, 
practice, or violation: 
(A) An imminent danger to the health or 
safety of the public. 
(B) Significant, imminent environmental 
harm to land, air, water, or fish or wildlife re-
sources. 
(3) DURATION.— 
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