I 
108TH CONGRESS 
1ST SESSION H. R. 2141
To modify the requirements applicable to locatable minerals on public domain 
lands, consistent with the principles of self-initiation of mining claims, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2003
Mr. RAHALL (for himself, Mr. SHAYS, Mr. INSLEE, Mr. BLUMENAUER, Mr. 
BAIRD, Ms. JACKSON-LEE of Texas, Mr. KILDEE, Mr. GEORGE MILLER 
of California, Mr. LIPINSKI, Mr. UDALL of Colorado, Mr. KIND, Mr. 
FRANK of Massachusetts, Mrs. NAPOLITANO, Mr. FALEOMAVAEGA, Mr. 
GRIJALVA, Ms. SOLIS, Ms. MCCOLLUM, Mr. SCHIFF, and Mr. 
MCDERMOTT) introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To modify the requirements applicable to locatable minerals 
on public domain lands, consistent with the principles 
of self-initiation of mining claims, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Mineral Exploration and Development Act of 2003’’. 
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions and references. 
TITLE I—MINERAL EXPLORATION AND DEVELOPMENT 
Sec. 101. Lands open to location. 
Sec. 102. Rights under this Act. 
Sec. 103. Claim maintenance requirements. 
Sec. 104. Location fee. 
Sec. 105. Co-ownership. 
Sec. 106. Other requirements. 
Sec. 107. Fee adjustments. 
Sec. 108. Use of fees. 
Sec. 109. Prohibition. 
Sec. 110. Failure to comply. 
Sec. 111. Limitation on patents. 
Sec. 112. Royalty. 
TITLE II—ENVIRONMENTAL CONSIDERATIONS OF MINERAL 
EXPLORATION AND DEVELOPMENT 
Sec. 201. Surface management standard. 
Sec. 202. Permits. 
Sec. 203. Operations permit. 
Sec. 204. Persons ineligible for permits. 
Sec. 205. Financial assurance. 
Sec. 206. Operation and reclamation. 
Sec. 207. State law and regulation. 
Sec. 208. Unsuitability review. 
Sec. 209. Certain mineral activities covered by other law. 
TITLE III—ABANDONED LOCATABLE MINERALS MINE 
RECLAMATION FUND 
Sec. 301. Abandoned Locatable Minerals Mine Reclamation. 
Sec. 302. Use and objectives of the Fund. 
Sec. 303. Eligible lands and waters. 
Sec. 304. Fund expenditures. 
Sec. 305. Authorization of appropriations. 
TITLE IV—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS 
Subtitle A—Administrative Provisions 
Sec. 401. Policy functions. 
Sec. 402. User fees. 
Sec. 403. Inspection and monitoring. 
Sec. 404. Citizens suits. 
Sec. 405. Administrative and judicial review. 
Sec. 406. Enforcement. 
Sec. 407. Regulations; effective dates. 
Subtitle B—Miscellaneous Provisions 
Sec. 411. Transitional rules; surface management requirements. 
Sec. 412. Oil shale claims subject to special rules. 
Sec. 413. Purchasing power adjustment. 
Sec. 414. Savings clause.
Sec. 415. Availability of public records. 
Sec. 416. Miscellaneous powers. 
Sec. 417. Multiple mineral development and surface resources. 
Sec. 418. Mineral materials. 
Sec. 419. Application of Act to beneficiation and processing of non-Federal 
minerals on Federal lands.
SEC. 2. DEFINITIONS AND REFERENCES. 
(a) DEFINITIONS.—As used in this Act:
(1) The term ‘‘affiliate’’ means with respect to 
any person, any of the following: 
(A) Any person who controls, is controlled 
by, or is under common control with such per-
son. 
(B) Any partner of such person. 
(C) Any person owning at least 10 percent 
of the voting shares of such person. 
(2) The term ‘‘applicant’’ means any person ap-
plying for a permit under this Act or a modification 
to or a renewal of a permit under this Act. 
(3) The term ‘‘beneficiation’’ means the crush-
ing and grinding of locatable mineral ore and such 
processes as are employed to free the mineral from 
other constituents, including but not necessarily lim-
ited to, physical and chemical separation techniques. 
(4) The term ‘‘claim holder’’ means a person 
holding a mining claim located or converted under 
this Act. Such term may include an agent of a claim 
holder.
(5) The term ‘‘control’’ means having the abil-
ity, directly or indirectly, to determine (without re-
gard to whether exercised through one or more cor-
porate structures) the manner in which an entity 
conducts mineral activities, through any means, in-
cluding without limitation, ownership interest, au-
thority to commit the entity’s real or financial as-
sets, position as a director, officer, or partner of the 
entity, or contractual arrangement. The Secretary 
and the Secretary of Agriculture shall jointly pro-
mulgate such rules as may be necessary under this 
paragraph. 
(6) The term ‘‘exploration’’ means those tech-
niques employed to locate the presence of a locatable 
mineral deposit and to establish its nature, position, 
size, shape, grade and value not associated with min-
ing, beneficiation, processing or marketing of min-
erals. 
(7) The term ‘‘Indian lands’’ means lands held 
in trust for the benefit of an Indian tribe or indi-
vidual or held by an Indian tribe or individual sub-
ject to a restriction by the United States against 
alienation. 
(8) The term ‘‘Indian tribe’’ means any Indian 
tribe, band, nation, pueblo, or other organized group
or community, including any Alaska Native village 
or regional corporation as defined in or established 
pursuant to the Alaska Native Claims Settlement 
Act (43 U.S.C. 1601 and following), which is recog-
nized as eligible for the special programs and serv-
ices provided by the United States to Indians be-
cause of their status as Indians. 
(9) The term ‘‘land use plans’’ means those 
plans required under section 202 of the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1712) or the land management plans for Na-
tional Forest System units required under section 6 
of the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1604), whichever 
is applicable. 
(10) The term ‘‘legal subdivisions’’ means an 
aliquot quarter quarter section of land as established 
by the official records of the public land survey sys-
tem, or a single lot as established by the official 
records of the public land survey system if the perti-
nent section is irregular and contains fractional lots, 
as the case may be.
(11)(A) The term ‘‘locatable mineral’’ means 
any mineral, the legal and beneficial title to which
remains in the United States and which is not sub-
ject to disposition under any of the following: 
(i) The Mineral Leasing Act (30 U.S.C. 
181 and following). 
(ii) The Geothermal Steam Act of 1970 
(30 U.S.C. 1001 and following).
(iii) The Act of July 31, 1947, commonly 
known as the Materials Act of 1947 (30 U.S.C. 
601 and following). 
(iv) The Mineral Leasing for Acquired 
Lands Act (30 U.S.C. 351 and following).
(B) The term ‘‘locatable mineral’’ does not in-
clude any mineral held in trust by the United States 
for any Indian or Indian tribe, as defined in section 
2 of the Indian Mineral Development Act of 1982 
(25 U.S.C. 2101), or any mineral owned by any In-
dian or Indian tribe, as defined in that section, that 
is subject to a restriction against alienation imposed 
by the United States.
(12) The term ‘‘millsite claim’’ means a claim 
to public land that—
(A) does not exceed 5 acres for each 20 
acres of mining claim for a vein or lode; 
(B) is noncontiguous to such vein or lode; 
and
(C) is needed by a mining claim holder for 
mining, milling, processing, beneficiation, or 
other similar operations in connection with the 
mining claim.
(13) The term ‘‘mineral activities’’ means any 
activity on Federal lands for, related to, or inci-
dental to, mineral exploration, mining, beneficiation, 
processing, or reclamation activities for any locatable 
mineral. 
(14) The term ‘‘minimize’’ means to reduce the 
adverse impact of an operation to the lowest prac-
tical level.
(15) The term ‘‘mining’’ means the processes 
employed for the extraction of a locatable mineral 
from the earth. 
(16) The term ‘‘National Conservation System 
unit’’ means any unit of the National Park System, 
National Wildlife Refuge System, National Wild and 
Scenic Rivers System, National Trails System, or a 
National Conservation Area, National Recreation 
Area, a National Monument or any unit of the Na-
tional Wilderness Preservation System. 
(17) The term ‘‘operator’’ means any person, 
conducting mineral activities subject to this Act or 
any agent of such a person.
(18) The term ‘‘person’’ means an individual, 
Indian tribe, partnership, association, society, joint 
venture, joint stock company, firm, company, cor-
poration, cooperative, or other organization and any 
instrumentality of State or local government includ-
ing any publicly owned utility or publicly owned cor-
poration of State or local government. 
(19) The term ‘‘processing’’ means processes 
downstream of beneficiation employed to prepare 
locatable mineral ore into the final marketable prod-
uct, including but not limited to, smelting and elec-
trolytic refining. 
(20) The term ‘‘Secretary’’ means the Secretary 
of the Interior, unless otherwise specified. 
(21) The term ‘‘surface management require-
ments’’ means the requirements and standards of 
title II, and such other standards as are established 
by the Secretary governing mineral activities pursu-
ant to this Act. 
(b) REFERENCES.—(1) Any reference in this Act to 
the term ‘‘general mining laws’’ is a reference to those 
Acts which generally comprise chapters 2, 12A, and 16, 
and sections 161 and 162 of title 30 of the United States 
Code.
(2) Any reference in this Act to the ‘‘Act of July 23, 
1955’’, is a reference to the Act of July 23, 1955, entitled 
‘‘An Act to amend the Act of July 31, 1947 (61 Stat. 
681) and the mining laws to provide for multiple use of 
the surface of the same tracts of the public lands, and 
for other purposes’’ (30 U.S.C. 601 and following). 
TITLE 
I—MINERAL 
EXPLO-
RATION AND DEVELOPMENT 
SEC. 101. LANDS OPEN TO LOCATION. 
(a) LANDS OPEN TO LOCATION.—Except as provided 
in subsection (b), mining claims may be located under this 
Act on lands and interests in lands owned by the United 
States if—
(1) such lands and interests were open to the 
location of mining claims under the general mining 
laws on the date of enactment of this Act; or 
(2) such lands and interests are opened to the 
location of mining claims after the date of enact-
ment of this Act by reason of any administrative ac-
tion or statute. 
(b) LANDS NOT OPEN TO LOCATION.—
(1) IN GENERAL.—Notwithstanding any other 
provision of law and subject to valid existing rights, 
each of the following shall not be open to the loca-
tion of mining claims under this Act on or after the 
date of enactment of this Act: 
(A) Lands recommended for wilderness 
designation by the agency managing the sur-
face, pending a final determination by the Con-
gress of the status of such recommended lands, 
or otherwise being managed as roadless areas 
under an applicable land use plan. 
(B) Lands being managed by the Sec-
retary, acting through Bureau of Land Manage-
ment, as wilderness study areas or National 
Monuments on the date of enactment of this 
Act except where the location of mining claims 
is specifically allowed to continue by the statute 
designating the study area, pending a final de-
termination by the Congress of the status of 
such lands. 
(C) Lands that are—
(i) in designated Wild and Scenic Riv-
ers and under study for inclusion in the 
National Wild and Scenic River System 
pursuant to section 5(a) of the Wild and 
Scenic Rivers Act (16 U.S.C. 1276(a)), 
pending a final determination by the Con-
gress of the status of such lands;
(ii) determined by a Federal agency 
under section 5(d) of such Act (16 U.S.C. 
1276(d)) to be eligible for inclusion in such 
system, pending a final determination by 
the Congress of the status of such lands; 
or 
(iii) designated Wild and Scenic Riv-
ers that have been withdrawn from mineral 
entry by action of the Secretary of the In-
terior. 
(D) Lands withdrawn or segregated from 
mineral entry under authority of other law. 
(E) Lands designated as Areas of Critical 
Environmental Concern. 
(F) Lands identified as ‘‘sacred sites’’ in 
accordance with Executive Order 13007. 
(2) DEFINITIONS.—(A) As used in this sub-
section, the term ‘‘valid existing rights’’ means a 
mining claim or millsite claim located on lands de-
scribed in paragraph (1) of subsection (a), that—
(i) was properly located and maintained 
under this Act prior to and on the applicable 
date, or
(ii) was properly located and maintained 
under the general mining laws prior to the ap-
plicable date, and 
(I) was supported by a discovery of a 
valuable mineral deposit within the mean-
ing of the general mining laws on the ap-
plicable date, or satisfies the limitations 
under existing law for millsite claims, and
(II) continues to be valid under this 
Act. 
(B) As used in this paragraph, the term ‘‘appli-
cable date’’ means one of the following:
(i) In the case of lands described in para-
graph (1)(A), such term means the date of the 
recommendation referred to in paragraph 
(1)(A) if such recommendation is made on or 
after the date of the enactment of this Act.
(ii) In the case of lands described in para-
graph (1)(A), if the recommendation referred to 
in paragraph (1)(A) was made before the date 
of the enactment of this Act, such term means 
the earlier of (I) the date of enactment of this 
Act or (II) the date of any withdrawal of such 
lands from mineral activities.
(iii) For lands described in paragraph 
(1)(B), such term means the date of the enact-
ment of this Act. 
(iv) For lands referred to in paragraph 
(1)(C)(i) and (1)(C)(iii), such term means the 
date of the enactment of the amendment to the 
Wild and Scenic Rivers Act listing the river seg-
ment for study and for lands referred to in 
paragraph (1)(C)(ii), such term means the date 
of the eligibility determination. 
(v) For lands referred to in paragraph 
(1)(D), such term means the date of the with-
drawal. 
SEC. 102. RIGHTS UNDER THIS ACT. 
The holder of a mining claim located under the gen-
eral mining laws and maintained in compliance with this 
Act shall have the exclusive right of possession and use 
of the claimed land for mineral activities, including the 
right of ingress and egress to such claimed lands for such 
activities, subject to the rights of the United States under 
this Act and other applicable Federal law. Such rights of 
the claim holder shall terminate upon completion of min-
eral activities of lands to the satisfaction of the Secretary. 
In cases where an area is determined unsuitable under 
section 208, holders of claims located under the general
mining laws shall be entitled to receive a refund of claim 
maintenance fees. 
SEC. 103. CLAIM MAINTENANCE REQUIREMENTS. 
(a) CLAIM MAINTENANCE FEE.—Except as provided 
in subsections (c), (d), and (e), the holder of each 
unpatented mining claim, mill, or tunnel site located pur-
suant to the general mining laws, whether located before 
or after the enactment of this Act, shall pay to the Sec-
retary, on or before August 31 of each year, a claim main-
tenance fee of $100 per claim. Such claim maintenance 
fee shall be in lieu of the assessment work requirement 
contained in the general mining laws and the related filing 
requirements contained in section 314(a) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 
1744(a)). 
(b) TIME OF PAYMENT.—The claim maintenance fee 
payable pursuant to subsection (a) for any assessment 
year (as defined under the general mining laws) shall be 
paid before the commencement of the assessment year.
(c) OIL SHALE CLAIMS SUBJECT TO CLAIM MAINTE-
NANCE FEES UNDER ENERGY POLICY ACT OF 1992.—
This section shall not apply to any oil shale claims for 
which a fee is required to be paid under section 2511(e)(2) 
of the Energy Policy Act of 1992 (106 Stat. 3111; 30 
U.S.C. 242).
(d) WAIVER FOR PATENT APPLICANTS.—The Sec-
retary may waive the claim maintenance fee required 
under this section for a claimant who certifies in writing 
to the Secretary that on the date the payment was due, 
the claimant and all related parties—
(1) had filed a patent application with the Sec-
retary on or before September 30, 1994; and 
(2) had fully complied with all requirements es-
tablished under sections 2325 and 2326 of the Re-
vised Statutes (30 U.S.C. 29 and 30) for vein or 
lode claims and sections 2329, 2330, 2331, and 
2333 of the Revised Statutes (30 U.S.C. 35, 36, and 
37) for placer claims, and section 2337 of the Re-
vised Statutes (30 U.S.C. 42) for millsite claims, by 
that date. 
(e) EXCEPTIONS FOR CLAIMANTS HOLDING 10 OR 
FEWER MINING CLAIMS.—
(1) IN GENERAL.—A claimant may elect to per-
form the assessment work required under the gen-
eral mining laws in lieu of paying the maintenance 
fee required under this section if the claimant cer-
tifies in writing to the Secretary that on the date the
payment was due, the claimant and all related par-
ties—
(A) are producing hard rock minerals 
under a valid notice or plan of operation which 
production results in not less than $1,500 and 
not more than $800,000 in gross revenues per 
year from a total of 10 or fewer claims; 
(B) are performing exploration work to 
disclose, expose, or otherwise make known pos-
sible valuable mineralization on a total of 10 or 
fewer claims under a valid notice or plan of op-
eration; and 
(C) have less than 10 acres of unreclaimed 
surface disturbance from such mining activity 
or such exploration work. 
(2) CLAIMANTS ELECTING TO DO ASSESSMENT 
WORK.—A claimant holding 10 or fewer mining 
claims, who elects to do the assessment work re-
quired by the general mining laws in lieu of paying 
the claim maintenance fee required under this sec-
tion shall be required to meet the filing requirements 
of section 314(a) and (c) of the Federal Land Policy 
and Management Act (43 U.S.C. 1744(a) and (c)) 
on such 10 or fewer claims and shall certify the per-
formance of such assessment work to the Secretary 
by August 31 of each year.
(f) CO-OWNERSHIP.—Upon the failure of any one or 
more of several co-claimants to contribute such co-claim-
ant or claimants’ portion of the fee under this section, any 
co-claimant who has paid such fee may, after the payment 
due date, give the delinquent co-claimant or claimants no-
tice of such failure in writing (or by publication in the 
newspaper nearest the claim for at least once a week for 
at least 90 days). If at the expiration of 90 days after 
such notice in writing or by publication, any delinquent 
co-claimant fails or refuses to contribute the co-claimant’s 
portion, the co-claimant’s interest in the claim shall be-
come the property of the co-claimants who have paid the 
required fee.
(g) FUND.—All moneys received by the United States 
under this section shall be deposited in the Abandoned 
Locatable Minerals Mine Reclamation Fund established 
under title III. 
(h) CREDIT AGAINST ROYALTY.—The amount of the 
annual claim maintenance fee required to be paid under 
this section for any claim for any period shall be credited 
against the amount of royalty required to be paid under 
section 112 for the same period with respect to that claim. 
(i) DEFINITIONS.—For purposes of this section: 
(1) With respect to any claimant, the term ‘‘re-
lated party’’ means—
(A) the spouse and dependent children (as 
defined in section 152 of the Internal Revenue 
Code of 1986), of the claimant; and 
(B) any affiliate of the claimant, including 
a person who controls, is controlled by, or is 
under common control with the claimant. 
(2) The term ‘‘control’’ includes actual control, 
legal control, and the power to exercise control, 
through or by common directors, officers, stock-
holders, a voting trust, or a holding company or in-
vestment company, or any other means. 
SEC. 104. LOCATION FEE. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, for every unpatented mining claim, mill, or 
tunnel site located after the date of enactment of this Act, 
pursuant to the general mining laws, the locator shall, at 
the time the location notice is recorded with the Bureau 
of Land Management, pay to the Secretary a location fee, 
in addition to the claim maintenance fee required by sec-
tion 103, of $25.00 per claim. 
(b) TIME OF PAYMENT.—The location fee imposed 
under subsection (a) shall be payable not later than 90 
days after the date of location.
SEC. 105. CO-OWNERSHIP. 
The co-ownership provisions of the general mining 
laws shall remain in effect, except that in applying such 
provisions, the annual claim maintenance fee required 
under this title shall, where applicable, replace applicable 
assessment requirements and expenditures. 
SEC. 106. OTHER REQUIREMENTS. 
Nothing in this title shall change or modify the re-
quirements of section 314(b) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1744(b)), re-
lated to filings required by section 314(b), and such re-
quirements shall remain in effect with respect to claims 
and mill or tunnel sites for which fees are required to be 
paid under this section.
SEC. 107. FEE ADJUSTMENTS. 
(a) INFLATION ADJUSTMENTS.—The Secretary of 
the Interior 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 the enactment of 
this Act or more frequently if the Secretary determines 
an adjustment to be reasonable. 
(b) NOTICE.—The Secretary shall provide claimants 
notice of any adjustment made under this section not later 
than July 1 of any year in which the adjustment is made.
(c) APPLICATION OF ADJUSTMENT.—A fee adjust-
ment under this section shall begin to apply during the 
first assessment year (as defined under the general mining 
laws) that begins at noon on the first day of September 
after the adjustment is made. 
SEC. 108. USE OF FEES. 
All moneys received by the United States under this 
title shall be deposited in the Abandoned Locatable Min-
erals Mine Reclamation Fund established under title III. 
SEC. 109. PROHIBITION. 
If the Secretary prohibits the use of a mining claim 
for mineral activities pursuant to section 208 of this Act 
(relating to unsuitability), the provisions of sections 101 
through 107 shall no longer apply with respect to that 
claim. 
SEC. 110. FAILURE TO COMPLY. 
(a) FORFEITURE.—The failure of the claim holder to 
file the notice of location, to pay the location fee, or to 
comply with the claim maintenance provisions of section 
103 for a mining claim as required by this title shall be 
deemed conclusively to constitute forfeiture of the mining 
claim by operation of law. Forfeiture shall not relieve any 
person of any obligation created under this Act, including 
reclamation.
(b) PROHIBITION.—No claim holder may locate a new 
claim on the lands such claim holder included in a for-
feited claim for 2 years from the date such claim is 
deemed forfeited. 
(c) RELINQUISHMENT.—A claim holder deciding not 
to pursue mineral activities on a claim may relinquish such 
claim by notifying the Secretary. A claim holder relin-
quishing a claim is responsible for reclamation as required 
by section 206 of this Act and all other applicable require-
ments. A claim holder who relinquishes a claim shall not 
be subject to the prohibition of subsection (b) of this sec-
tion unless the Secretary determines that the claim is 
being relinquished and relocated for the purpose of avoid-
ing compliance with any provision of this Act, including 
payment of the claim maintenance fee. 
SEC. 111. LIMITATION ON PATENTS. 
(a) MINING CLAIMS.—
(1) DETERMINATIONS
REQUIRED.—After the 
date of enactment of this Act, no patent shall be 
issued by the United States for any mining claim lo-
cated under the general mining laws unless the Sec-
retary determines that, for the claim concerned—
(A) a patent application was filed with the 
Secretary on or before September 30, 1994; 
and
(B) all requirements established under sec-
tions 2325 and 2326 of the Revised Statutes 
(30 U.S.C. 29 and 30) for vein or lode claims 
and sections 2329, 2330, 2331, and 2333 of 
the Revised Statutes (30 U.S.C. 35, 36, and 
37) for placer claims were fully complied with 
by that date. 
(2) RIGHT TO PATENT.—If the Secretary makes 
the determinations referred to in subparagraphs (A) 
and (B) of paragraph (1) for any mining claim, the 
holder of the claim shall be entitled to the issuance 
of a patent in the same manner and degree to which 
such claim holder would have been entitled to prior 
to the enactment of this Act, unless and until such 
determinations are withdrawn or invalidated by the 
Secretary or by a court of the United States. 
(b) MILLSITE CLAIMS.—
(1) DETERMINATIONS
REQUIRED.—After the 
date of enactment of this Act, no patent shall be 
issued by the United States for any millsite claim lo-
cated under the general mining laws unless the Sec-
retary determines that for the millsite concerned—
(A) a patent application for such land was 
filed with the Secretary on or before September 
30, 1994; and
(B) all requirements applicable to such 
patent application were fully complied with by 
that date. 
(2) RIGHT TO PATENT.—If the Secretary makes 
the determinations referred to in subparagraphs (A) 
and (B) of paragraph (1) for any millsite claim, the 
holder of the claim shall be entitled to the issuance 
of a patent in the same manner and degree to which 
such claim holder would have been entitled to prior 
to the enactment of this Act, unless and until such 
determinations are withdrawn or invalidated by the 
Secretary or by a court of the United States.
SEC. 112. ROYALTY. 
(a) RESERVATION OF ROYALTY.—Production of all 
locatable minerals from any mining claim located under 
the general mining laws and maintained in compliance 
with this Act, or mineral concentrates or products derived 
from locatable minerals from any mining claim located 
under the general mining laws and maintained in compli-
ance with this Act, as the case may be, shall be subject 
to a royalty of 8 percent of the net smelter return from 
such production. The claim holder and any operator to 
whom the claim holder has assigned the obligation to make 
royalty payments under the claim and any person who
controls such claim holder or operator shall be jointly and 
severally liable for payment of such royalties. 
(b) DUTIES OF CLAIM HOLDERS, OPERATORS, AND 
TRANSPORTERS.—(1) A person—
(A) who is required to make any royalty pay-
ment under this section shall make such payments 
to the United States at such times and in such man-
ner as the Secretary may by rule prescribe; and 
(B) shall notify the Secretary, in the time and 
manner as may be specified by the Secretary, of any 
assignment that such person may have made of the 
obligation to make any royalty or other payment 
under a mining claim. 
(2) Any person paying royalties under this section 
shall file a written instrument, together with the first roy-
alty payment, affirming that such person is liable to the 
Secretary for making proper payments for all amounts due 
for all time periods for which such person has a payment 
responsibility. Such liability for the period referred to in 
the preceding sentence shall include any and all additional 
amounts billed by the Secretary and determined to be due 
by final agency or judicial action. Any person liable for 
royalty payments under this section who assigns any pay-
ment obligation shall remain jointly and severally liable 
for all royalty payments due for the claim for the period.
(3) A person conducting mineral activities shall—
(A) develop and comply with the site security 
provisions in operations permit designed to protect 
from theft the locatable minerals, concentrates or 
products derived therefrom which are produced or 
stored on a mining claim, and such provisions shall 
conform with such minimum standards as the Sec-
retary may prescribe by rule, taking into account the 
variety of circumstances on mining claims; and 
(B) not later than the 5th business day after 
production begins anywhere on a mining claim, or 
production resumes after more than 90 days after 
production was suspended, notify the Secretary, in 
the manner prescribed by the Secretary, of the date 
on which such production has begun or resumed. 
(4) The Secretary may by rule require any person en-
gaged in transporting a locatable mineral, concentrate, or 
product derived therefrom to carry on his or her person, 
in his or her vehicle, or in his or her immediate control, 
documentation showing, at a minimum, the amount, ori-
gin, and intended destination of the locatable mineral, con-
centrate, or product derived therefrom in such cir-
cumstances as the Secretary determines is appropriate. 
(c) RECORDKEEPING
AND REPORTING REQUIRE-
MENTS.—(1) A claim holder, operator, or other person di-
rectly involved in developing, producing, processing, trans-
porting, purchasing, or selling locatable minerals, con-
centrates, or products derived therefrom, subject to this 
Act, through the point of royalty computation shall estab-
lish and maintain any records, make any reports, and pro-
vide any information that the Secretary may reasonably 
require for the purposes of implementing this section or 
determining compliance with rules or orders under this 
section. Such records shall include, but not be limited to, 
periodic reports, records, documents, and other data. Such 
reports may also include, but not be limited to, pertinent 
technical and financial data relating to the quantity, qual-
ity, composition volume, weight, and assay of all minerals 
extracted from the mining claim. Upon the request of any 
officer or employee duly designated by the Secretary or 
any State conducting an audit or investigation pursuant 
to this section, the appropriate records, reports, or infor-
mation which may be required by this section shall be 
made available for inspection and duplication by such offi-
cer or employee or State.
(2) Records required by the Secretary under this sec-
tion shall be maintained for 6 years after release of finan-
cial assurance under section 205 unless the Secretary noti-
fies the operator that the Secretary has initiated an audit 
or investigation involving such records and that such
records must be maintained for a longer period. In any 
case when an audit or investigation is underway, records 
shall be maintained until the Secretary releases the oper-
ator of the obligation to maintain such records. 
(d) AUDITS.—The Secretary is authorized to conduct 
such audits of all claim holders, operators, transporters, 
purchasers, processors, or other persons directly or indi-
rectly involved in the production or sales of minerals cov-
ered by this Act, as the Secretary deems necessary for the 
purposes of ensuring compliance with the requirements of 
this section. For purposes of performing such audits, the 
Secretary shall, at reasonable times and upon request, 
have access to, and may copy, all books, papers and other 
documents that relate to compliance with any provision 
of this section by any person. 
(e) COOPERATIVE AGREEMENTS.—(1) The Secretary 
is authorized to enter into cooperative agreements with the 
Secretary of Agriculture to share information concerning 
the royalty management of locatable minerals, con-
centrates, or products derived therefrom, to carry out in-
spection, auditing, investigation, or enforcement (not in-
cluding the collection of royalties, civil or criminal pen-
alties, or other payments) activities under this section in 
cooperation with the Secretary, and to carry out any other 
activity described in this section.
(2) Except as provided in paragraph (3)(A) of this 
subsection (relating to trade secrets), and pursuant to a 
cooperative agreement, the Secretary of Agriculture shall, 
upon request, have access to all royalty accounting infor-
mation in the possession of the Secretary respecting the 
production, removal, or sale of locatable minerals, con-
centrates, or products derived therefrom from claims on 
lands open to location under this Act. 
(3) Trade secrets, proprietary, and other confidential 
information shall be made available by the Secretary pur-
suant to a cooperative agreement under this subsection to 
the Secretary of Agriculture upon request only if—
(A) the Secretary of Agriculture consents in 
writing to restrict the dissemination of the informa-
tion to those who are directly involved in an audit 
or investigation under this section and who have a 
need to know; 
(B) the Secretary of Agriculture accepts liabil-
ity for wrongful disclosure; and 
(C) the Secretary of Agriculture demonstrates 
that such information is essential to the conduct of 
an audit or investigation under this subsection. 
(f) INTEREST AND SUBSTANTIAL UNDERREPORTING 
ASSESSMENTS.—(1) In the case of mining claims where 
royalty payments are not received by the Secretary on the
date that such payments are due, the Secretary shall 
charge interest on such underpayments at the same inter-
est rate as is applicable under section 6621(a)(2) of the 
Internal Revenue Code of 1986. In the case of an under-
payment, interest shall be computed and charged only on 
the amount of the deficiency and not on the total amount. 
(2) If there is any underreporting of royalty owed on 
production from a claim for any production month by any 
person liable for royalty payments under this section, the 
Secretary may assess a penalty of 10 percent of the 
amount of that underreporting.
(3) If there is a substantial underreporting of royalty 
owed on production from a claim for any production 
month by any person liable for the royalty, the Secretary 
may assess a penalty of 25 percent of the amount of that 
underreporting. 
(4) For the purposes of this subsection, the term 
‘‘underreporting’’ means the difference between the roy-
alty on the value of the production which should have been 
reported and the royalty on the value of the production 
which was reported, if the value which should have been 
reported is greater than the value which was reported. An 
underreporting constitutes a ‘‘substantial underreporting’’ 
if such difference exceeds 10 percent of the royalty on the 
value of production which should have been reported.
(5) The Secretary shall not impose the assessment 
provided in paragraphs (2) or (3) of this subsection if the 
person liable for royalty payments under this section cor-
rects the underreporting before the date such person re-
ceives notice from the Secretary that an underreporting 
may have occurred, or before 90 days after the date of 
the enactment of this section, whichever is later. 
(6) The Secretary shall waive any portion of an as-
sessment under paragraph (2) or (3) of this subsection 
attributable to that portion of the underreporting for 
which the person responsible for paying the royalty dem-
onstrates that—
(A) such person had written authorization from 
the Secretary to report royalty on the value of the 
production on basis on which it was reported, 
(B) such person had substantial authority for 
reporting royalty on the value of the production on 
the basis on which it was reported, 
(C) such person previously had notified the Sec-
retary, in such manner as the Secretary may by rule 
prescribe, of relevant reasons or facts affecting the 
royalty treatment of specific production which led to 
the underreporting, or 
(D) such person meets any other exception 
which the Secretary may, by rule, establish.
(7) All penalties collected under this subsection shall 
be deposited in the Abandoned Locatable Minerals Mine 
Reclamation Fund established under title III. 
(g) DELEGATION.—For the purposes of this section, 
the term ‘‘Secretary’’ means the Secretary of the Interior 
acting through the Director of the Minerals Management 
Service. 
(h) EXPANDED ROYALTY OBLIGATIONS.—Each per-
son liable for royalty payments under this section shall 
be jointly and severally liable for royalty on all locatable 
minerals, concentrates, or products derived therefrom lost 
or wasted from a mining claim located under the general 
mining laws and maintained in compliance with this Act 
when such loss or waste is due to negligence on the part 
of any person or due to the failure to comply with any 
rule, regulation, or order issued under this section. 
(i) NET SMELTER RETURN DEFINED.—For the pur-
poses of this section, for any locatable mineral, the term 
‘‘net smelter return’’ has the same meaning as the term 
‘‘gross income’’ in section 613(c)(1) of the Internal Rev-
enue Code of 1986. 
(j) EFFECTIVE DATE.—The royalty under this sec-
tion shall take effect with respect to the production of 
locatable minerals after the enactment of this Act, but any 
royalty payments attributable to production during the
first 12 calendar months after the enactment of this Act 
shall be payable at the expiration of such 12-month period. 
(k) FAILURE TO COMPLY WITH ROYALTY REQUIRE-
MENTS.—Any person who fails to comply with the require-
ments of this section or any regulation or order issued to 
implement this section shall be liable for a civil penalty 
under section 109 of the Federal Oil and Gas Royalty 
Management Act (30 U.S.C. 1719) to the same extent as 
if the claim located under the general mining laws and 
maintained in compliance with this Act were a lease under 
that Act. 
TITLE 
II—ENVIRONMENTAL 
CONSIDERATIONS 
OF 
MIN-
ERAL EXPLORATION AND DE-
VELOPMENT 
SEC. 201. SURFACE MANAGEMENT STANDARD. 
Notwithstanding any other provision of law, and in 
accordance with this title and applicable law, the Secretary 
shall require that mineral activities on Federal lands con-
ducted by any person shall minimize adverse impacts to 
the environment.
SEC. 202. PERMITS. 
(a) PERMITS REQUIRED.—No person may engage in 
mineral activities on Federal lands that may cause a dis-
turbance of surface resources, including but not limited
to land, air, ground water and surface water, and fish and 
wildlife, unless—
(1) the claim was properly located or converted 
under this Act and properly maintained; and 
(2) a permit was issued to such person under 
this title authorizing such activities.
(b) NEGLIGIBLE DISTURBANCE.—Notwithstanding 
subsection (a)(2), a permit under this title shall not be 
required for mineral activities that are a casual use of the 
public lands, including the collection of geochemical, rock, 
soil, or mineral specimens using hand tools; and hand pan-
ning. Casual use does not include—
(1) the use of mechanized earth moving equip-
ment, suction dredging, explosives; 
(2) the use of motor vehicles in areas closed to 
off-road vehicles; and 
(3) the construction of roads, drill pads, or the 
use of toxic or hazardous materials. 
SEC. 203. OPERATIONS PERMIT. 
(a) OPERATIONS PERMIT.—Any claim holder may 
apply to the Secretary, or for National Forest System 
lands, the Secretary of Agriculture, for an operations per-
mit authorizing the claim holder to carry out mineral ac-
tivities on Federal lands for any activity greater than cas-
ual use (as that term is used in section 202(b)). If the
Secretary decides to issue such permit, the permit shall 
include such terms and conditions as prescribed by such 
Secretary to carry out this title. 
(b) PERMIT APPLICATION REQUIREMENTS.—An ap-
plication for an operations permit under this section shall 
be submitted in a manner satisfactory to the Secretary 
concerned and shall contain an operations plan, a reclama-
tion plan, such documentation as necessary to ensure com-
pliance with applicable Federal and State environmental 
laws and regulations, and each of the following: 
(1) An identification of the mining claims that 
will be subject to the plan of operations. 
(2) The name, mailing address, and social secu-
rity number or tax identification number, as applica-
ble, of each of the following: 
(A) The applicant for the permit and any 
agent of the applicant. 
(B) The operator (if different than the ap-
plicant) of the claim concerned. 
(C) Each claim holder (if different than 
the applicant) of the claim concerned. 
(D) Each affiliate and each officer or di-
rector of the applicant. 
(3) A statement of whether a person referred to 
in subparagraphs (A) through (D) of paragraph (2)
(5) A description of the type and method of 
mineral activities proposed, the engineering tech-
niques proposed to be used, and the equipment pro-
posed to be used.
(6) The anticipated starting and termination 
dates of each phase of the mineral activities pro-
posed, including any planned temporary cessation of 
operations. 
(7) Maps, to an appropriate scale, clearly show-
ing the lands, watersheds, and surface waters, to be 
affected by the proposed mineral activities; surface 
and mineral ownership; facilities, including roads 
and other man-made structures; proposed disturb-
ances; soils and vegetation; topography; and water 
supply intakes and surface water bodies. 
(8) A description of the biological resources in 
or associated with the area subject to mineral activi-
ties, including vegetation, fish and wildlife, and ri-
parian and wetland habitats. 
(9) A description of measures planned to ex-
clude fish and wildlife resources from the area sub-
ject to mineral activities by covering, containment, 
or fencing of open waters, beneficiation, and proc-
essing materials; or maintenance of all facilities in a 
condition that is not harmful to fish and wildlife.
(10) A description of the quantity and quality 
of surface and ground water resources in or associ-
ated with the area subject to mineral activities, 
based on predisturbance monitoring sufficient to es-
tablish seasonal variations. 
(11) An analysis of the probable hydrologic con-
sequences of the mineral activities, both on and off 
the area subject to mineral activities, with respect to 
the hydrologic regime, quantity and quality of water 
in surface and ground water systems including the 
dissolved and suspended solids under seasonal flow 
conditions and the collection of sufficient data for 
the mine site and surrounding areas so that an as-
sessment can be made by the Secretary concerned of 
the probable cumulative impacts of the anticipated 
mineral activities in the area upon the hydrology of 
the area and particularly upon water availability and 
quality. 
(12) A description of the monitoring systems to 
be used to detect and determine whether compliance 
has and is occurring consistent with the surface 
management requirements, including the type and 
location of monitoring devices, sampling parameters 
and frequency, analytical methods, reporting proce-
dures, and procedures to respond to reporting re-
sults, which will monitor the effects of mineral ac-
tivities on the site and surrounding environment, in-
cluding but not limited to, ground water, surface 
water, air, soils, and fish and wildlife resources. 
(13) Accident contingency plans that include, 
but are not limited to, immediate response strategies 
and corrective measures to mitigate environmental 
impacts and appropriate insurance to cover accident 
contingencies. 
(14) Any measures to comply with any condi-
tions on minerals activities that are required in the 
applicable land use plan or any condition stipulated 
pursuant to section 208. 
(15) Information determined necessary by the 
Secretary concerned to assess the cumulative im-
pacts of mineral activities, as required to comply 
with the National Environmental Policy Act of 1969, 
if impacts of the proposed mineral activities are ad-
ditions to the impacts associated with other mineral 
activities. 
(16) Such other environmental baseline data as 
the Secretaries, by joint regulation, shall require suf-
ficient to validate the determinations required for 
issuance of a permit under this Act.
(17) Evidence of appropriate financial assur-
ance as specified in section 205. 
(18) A description of the site security provisions 
designed to protect from theft the locatable min-
erals, concentrates, or products derived therefrom 
that will be produced or stored on a mining claim. 
(19) A full characterization of soils and geology 
in the area to be affected by mineral activities. 
(20) A demonstration that the mining claim is 
economically valuable for development, taking into 
account the costs of compliance with this Act and 
other applicable law. 
(21) A copy of the applicant’s advertisement to 
be published as required by subsection (k). 
(c) OPERATION AND RECLAMATION PLAN APPLICA-
TION REQUIREMENTS.—The operation and reclamation 
plan referred to in subsection (b) shall include such rec-
lamation measures as prescribed by the Secretary, or for 
National Forest System lands the Secretary of Agri-
culture, and each of the following: 
(1) A description of the condition of the land, 
including the fish and wildlife resources and habitat 
contained thereon, subject to the permit prior to the 
commencement of any mineral activities.
(2) A description of operation and reclamation 
measures proposed pursuant to the requirements of 
section 206. 
(3) The engineering techniques to be used in 
operation and reclamation and the equipment pro-
posed to be used. 
(4) The anticipated starting and termination 
dates of each phase of the reclamation proposed. 
(5) A description of the proposed condition of 
the land, including the fish and wildlife resources 
and habitat contained thereon, following the comple-
tion of reclamation. 
(6) A description of the maintenance measures 
that will be necessary to meet the surface manage-
ment requirements of this Act, such as, but not lim-
ited to, drainage water treatment facilities, or liner 
maintenance and control. 
(7) The consideration which has been given to 
making the condition of the land after the comple-
tion of mineral activities and final reclamation con-
sistent with the applicable land use plan.
(d) PERMIT ISSUANCE OR DENIAL.—(1) After pro-
viding notice and opportunity for public comment and 
hearing pursuant to subsection (k), the Secretary, or for 
National Forest System lands the Secretary of Agri-
culture, shall issue an operations permit if such Secretary 
makes each of the following determinations in writing, and 
such Secretary shall deny a permit which he or she finds 
does not fully meet the requirements of this paragraph: 
(A) The permit application, operations plan, 
and reclamation plan are complete and accurate. 
(B) The applicant has demonstrated that the 
proposed reclamation in the operation and reclama-
tion plan can be accomplished. 
(C) The condition of the land including the fish 
and wildlife resources and habitat contained thereon, 
after the completion of mineral activities and final 
reclamation, conforms to the land use plan applica-
ble to the area subject to mineral activities and are 
returned to a productive use. 
(D) The area subject to the proposed plan is 
not included within an area designated unsuitable or 
not open to location for the types of mineral activi-
ties proposed. 
(E) The applicant has obtained the necessary 
Federal, State, and local permits to demonstrate 
that the mineral activities will be in compliance with 
this Act and all other applicable Federal require-
ments, and any State requirements agreed to by the 
appropriate Secretary pursuant to cooperative agree-
ments under section 207 and local land use and zon-
ing requirements.
(F) The assessment of the probable cumulative 
impact of all anticipated mining in the area on the 
hydrologic balance specified in subsections (b)(10) 
and (11) have been made and the proposed oper-
ation has been designed to minimize disturbances to 
the prevailing hydrologic balance of the permit area. 
(G) The applicant has fully complied with the 
requirements of section 205 (relating to financial as-
surance) and is not ineligible to receive a permit 
under section 204. 
(2) Issuance of an operations permit under this sec-
tion shall be based on information supplied by the appli-
cant or other interested parties and the applicant shall 
have the burden of establishing that the application com-
plies with paragraph (1). 
(3) With respect to any activities specified in the rec-
lamation plan referred to in subsection (b) which con-
stitute a removal or remedial action under section 101 of 
the Comprehensive Environmental Response, Compensa-
tion and Liability Act of 1980, the Secretary shall consult 
with the Administrator of the Environmental Protection 
Agency prior to the issuance of an operations permit. To 
the extent practicable, the Administrator shall ensure that
the reclamation plan does not require activities which 
would increase the costs or likelihood of removal or reme-
dial actions under Comprehensive Environmental Re-
sponse, Compensation and Liability Act of 1980 or correc-
tive actions under the Solid Waste Disposal Act. 
(e) TERM OF PERMIT; RENEWAL.—(1) An operations 
permit shall be for a stated term. The term shall be no 
greater than that necessary to accomplish the proposed 
mineral activities subject to the permit, and in no case 
for more than 10 years, unless the applicant demonstrates 
to the satisfaction of the Secretary, or for National Forest 
System lands the Secretary of Agriculture, that a specified 
longer term is reasonably needed for such mineral activi-
ties. 
(2) Failure by the operator to commence mineral ac-
tivities within one year of the date scheduled in an oper-
ations permit shall require a modification of the permit 
unless the Secretary concerned determines that the delay 
was beyond the control of the applicant. 
(3) An operations permit shall carry with it the right 
of successive renewal upon expiration only with respect to 
operations on areas within the boundaries of the existing 
permit as issued. A renewal of such permit shall not be 
issued if such Secretary determines, in writing, any of the 
following:
(A) The terms and conditions of the existing 
permit are not being met. 
(B) The operator has not demonstrated that 
the financial assurance would continue to apply in 
full force and effect for the renewal term. 
(C) Any additional revised or updated informa-
tion required by the Secretary concerned has not 
been provided. 
(D) The applicant has not demonstrated that 
the mineral activities will be in compliance with the 
requirements of all other applicable Federal require-
ments, and any State requirements agreed to by the 
Secretary concerned pursuant to cooperative agree-
ments under section 207.
(4) A renewal of an operations permit shall be for 
a term of 10 years or for such additional term as the Sec-
retary concerned deems appropriate. Application for re-
newal shall be made at least one year prior to the expira-
tion of the existing permit. Where a renewal application 
has been timely submitted and a permit expires prior to 
Secretarial action on the renewal application, reclamation 
shall and other mineral activities may continue in accord-
ance with the terms of the expired permit until the Sec-
retary concerned makes a decision on the renewal applica-
tion.
(f) PERMIT MODIFICATION.—(1) During the term of 
an operations permit the operator may submit an applica-
tion to modify the permit (including the operations plan 
or reclamation plan, or both). To approve a proposed 
modification, the Secretary, or for National Forest System 
lands the Secretary of Agriculture, shall make the same 
determinations as are required in the case of an original 
operations permit, except that the Secretaries may estab-
lish joint rules regarding the extent to which requirements 
for original permits under this section shall apply to appli-
cations to modify a permit based on whether such modi-
fications are deemed significant or minor. Such rules shall 
provide that all requirements applicable to a new permit 
shall apply to any extension of the area covered by the 
permit (except for incidental boundary revisions). 
(2) The Secretary, or for National Forest System 
lands the Secretary of Agriculture, may, at any time, re-
quire reasonable modification to any operations plan or 
reclamation plan upon a determination that the require-
ments of this Act cannot be met if the plan is followed 
as approved. Such determination shall be based on a writ-
ten finding and subject to notice and hearing requirements 
established by the Secretary concerned. 
(3) A permit modification is required before changes 
are made to the approved plan of operations, or if unan-
ticipated events or conditions exist on the mine site, in-
cluding in the case of—
(A) development of acid or toxic drainage; 
(B) loss of springs or water supplies; 
(C) the need for long-term water treatment; 
(D) reclamation failure; 
(E) the discovery of significant scientific, cul-
tural, or biological resources that were not addressed 
in the original plan; or 
(F) the discovery of hazards to public safety. 
(g) TEMPORARY CESSATION OF OPERATIONS.—(1) 
An operator conducting mineral activities under an oper-
ations permit in effect under this title may not cease min-
eral activities for a period of 180 days or more under an 
operations permit unless the Secretary concerned has ap-
proved such temporary cessation or unless the temporary 
cessation is permitted under the original permit. Any oper-
ator temporarily ceasing mineral activities for a period of 
180 days or more under an existing operations permit 
shall submit, before the expiration of such 180-day period, 
a complete application for temporary cessation of oper-
ations to the Secretary concerned for approval unless the 
temporary cessation is permitted under the original per-
mit.
(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-
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. 
(h) PERMIT REVIEWS.—The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture, 
shall review each permit issued under this section every 
3 years during the term of such permit, shall provide pub-
lic notice of the permit review, and, based upon a written 
finding, such Secretary shall require the operator to take 
such actions as the Secretary deems necessary to assure 
that mineral activities conform to the permit, including 
adjustment of financial assurance requirements. 
(i) FEES.—Each application for a permit pursuant 
to this section shall be accompanied by a fee payable to 
the Secretary or for the National Forest System, 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 the Secretary of Agri-
culture, of reviewing, administering, and enforcing such 
permit, as determined by such Secretary. All moneys re-
ceived under this subsection shall be deposited in the 
Abandoned Locatable Minerals Mine Reclamation Fund 
established under title III. 
(j) TRANSFER, ASSIGNMENT, OR SALE OF RIGHTS.—
(1) No transfer, assignment, or sale of rights granted by 
a permit under this section shall be made without the prior 
written approval of the Secretary, or for National Forest 
System lands the Secretary of Agriculture. 
(2) The Secretary, or for National Forest System 
lands, the Secretary of Agriculture, may allow a person 
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) is eligible to receive a permit in accordance 
with section 204; 
(B) has submitted evidence of financial assur-
ance satisfactory under section 205; 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 
Agriculture, of reviewing and approving or disapproving 
such transfer, assignment, or sale, as determined by such 
Secretary. All moneys received under this subsection shall 
be deposited in the Abandoned Locatable Minerals Mine 
Reclamation Fund established under title III. 
(k) PUBLIC PARTICIPATION.—(1) Concurrent with 
submittal of an application for a permit under this section 
or a renewal or significant modification thereof, the appli-
cant shall publish a notice in a newspaper of local circula-
tion at least once a week for 4 consecutive weeks and in 
the Federal Register. The notice shall include: the name 
of the applicant, the location of the proposed mineral ac-
tivities, the type and expected duration of the proposed
mineral activities, the proposed use of the land after the 
completion of mineral activities and a location where such 
plans are publicly available. The applicant shall also notify 
in writing other Federal, State, and local government 
agencies and Indian tribes that regulate mineral activities 
or land planning decisions in the area subject to mineral 
activities or that manage lands adjacent to the area sub-
ject to mineral activities. The applicant shall provide proof 
of such notification to the Secretary, or for National For-
est System lands, the Secretary of Agriculture. 
(2) The applicant for a permit under this section 
shall make paper and digital copies of the complete permit 
application, permit modifications, or permit renewals 
available for public review at the office of the responsible 
Federal surface management agency located nearest to the 
location of the proposed mineral activities, and at such 
other public locations deemed appropriate by the State or 
local government for the county in which the proposed 
mineral activities will occur prior to final decision by the 
Secretary, or for National Forest System lands, the Sec-
retary of Agriculture. Any person, and the authorized rep-
resentative of a Federal, State, or local governmental 
agency or Indian tribe, shall have the right to file written 
comments relating to the approval or disapproval of the 
permit application until 30 days after the last day of news-
paper publication. The Secretary concerned shall promptly 
make such comments available to the applicant. 
(3) Any person may file written comments during the 
comment period specified in paragraph (2) and any person 
who is, or may be, adversely affected by the proposed min-
eral activities may request a nonadjudicatory public hear-
ing to be held in the county in which the mineral activities 
are proposed. The Secretary concerned shall consider all 
written comments filed during such period. If a hearing 
is requested by any person who is, or may be, adversely 
affected by the proposed mineral activities, the Secretary 
concerned shall consider such request and may conduct 
such hearing. When a hearing is to be held, notice of such 
hearing shall be published in a newspaper of local circula-
tion at least once a week for 2 weeks prior to the hearing 
date. 
(4) The public participation requirements in this sec-
tion shall apply to permit modifications that are consid-
ered more than minor under subsection (f). 
SEC. 204. 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 toxic substance, solid waste, 
air, water quality, or fish and wildlife conservation 
law or regulation at any site 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 and following) 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 or if the 
applicant submits proof that the violator has filed and is 
presently pursuing, a direct administrative or judicial ap-
peal to contest the existence of the violation. For purposes 
of this section, an appeal of any applicant’s relationship 
to an affiliate shall not constitute a direct administrative 
or judicial appeal to contest 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 sur-
face management requirements of this Act by the appli-
cant, any affiliate of the applicant, or the operator or 
claim holder if different than the applicant, and such vio-
lations are of such nature and duration, and with such 
resulting irreparable damage to the environment, as to 
clearly indicate an intent not to comply with the surface 
management requirements and other applicable statutes.
SEC. 205. FINANCIAL ASSURANCE. 
(a) FINANCIAL ASSURANCE REQUIRED.—(1) Before 
any permit is issued under this title, 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 on a form pre-
scribed and furnished by such Secretary and conditional 
upon faithful performance of such permit and all other 
requirements of this Act. The financial assurance shall be 
provided in the form of a surety bond, trust fund, letters 
of credits, government securities, certificates of deposit, 
cash or equivalent. 
(2) The financial assurance shall cover all lands with-
in the initial permit area, and shall be extended to cover 
all lands added pursuant to any permit modification made 
under section 203(f) (relating to operations permits), 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 satisfying the require-
ments of this Act if the work were to be performed by 
the Secretary concerned in the event of forfeiture, includ-
ing the construction and maintenance costs for any treat-
ment facilities necessary to meet Federal and State envi-
ronmental requirements. The calculation of such amount 
shall take into account the maximum level of financial ex-
posure which shall arise during the mineral activity and 
administrative costs associated with a government 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 revegetation as specified 
under section 206(b)(6)(B), and effluent treatment as 
specified 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 203(h) (relating to oper-
ations permits), but the financial assurance shall other-
wise be in compliance with this section. The Secretary con-
cerned shall review the financial guarantee as part of the 
permit review under section 203(h).
(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 covered 
by the financial assurance has been accomplished as 
required by this Act. 
(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 207, 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. 
(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 (including the provisions of
section 206(b)(6)(B) relating to revegetation and ef-
fluent treatment required by subsection (g)), and all 
other requirements of this Act have in fact been 
fully met, the remaining portion of the financial as-
surance 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 206(b)(4), 
where any discharge resulting from the mineral activities 
requires treatment in order to meet the applicable effluent 
limitations and water quality standards, the financial as-
surance shall include the estimated cost of maintaining 
such treatment for the projected 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, or, if the discharge con-
tinues, until the operator has met all applicable effluent 
limitations and water quality standards 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 
mineral activities exists, or the terms and conditions of 
the operations permit of this Act were not fulfilled in fact 
at the time of release, such Secretary shall issue an order 
under section 406 requiring the claim holder or operator 
(or any person who controls the claim holder or operator) 
to correct the condition such that applicable laws and reg-
ulations and any conditions from the plan of operations 
are met. 
SEC. 206. OPERATION AND RECLAMATION. 
(a) GENERAL RULE.—(1) Except as provided under 
paragraphs (5) and (7) of subsection (b), the operator 
shall restore lands subject to mineral activities carried out 
under a permit issued under this title to a condition capa-
ble of supporting—
(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.
(b) OPERATION AND RECLAMATION STANDARDS.—
Mineral activities shall be conducted in accordance with 
the following standards, as well as any additional stand-
ards the Secretaries may jointly promulgate under section 
201 and subsection (a) of this section to address specific 
environmental impacts of selected methods of mining: 
(1) SOILS.—
(A) Soils, including top soils and subsoils 
removed from lands subject to mineral activi-
ties, shall be segregated from waste material 
and protected to minimize erosion and sustain 
revegetation when reclamation begins. If such 
soil is not replaced on a backfill area within a 
time-frame short enough to avoid deterioration 
of the topsoil, vegetative cover or other means 
shall be used so that the soil is preserved from 
wind and water erosion, remains free of con-
tamination by acid or other toxic material, and 
is in a usable condition for sustaining vegeta-
tion when restored during reclamation. 
(B) In the event the topsoil from lands 
subject to mineral activities is of insufficient 
quantity or of inferior quality for sustaining 
vegetation, and other suitable growth media re-
moved from the lands subject to the mineral ac-
tivities are available that shall support vegeta-
tion, the best available growth medium shall be 
removed, segregated and preserved in a like 
manner as under subparagraph (A) for sus-
taining vegetation when restored during rec-
lamation. 
(C) In the event the soil (other than top-
soil) from lands subject to mineral activities is 
of insufficient quantity or of inferior quality for 
sustaining vegetation, and other suitable growth 
media removed from the lands subject to the 
mineral activities are available that support re-
vegetation, these substitute materials shall be 
removed, segregated, or preserved in a like 
manner as under subparagraph (A) for later 
use in reclamation. 
(D) Mineral activities shall be conducted to 
prevent contamination of soils to the extent 
possible using the best technology currently 
available. If contamination occurs, the operator 
shall decontaminate or dispose of any contami-
nated soils which have resulted from the min-
eral activities. 
(2) STABILIZATION.—All surface areas subject 
to mineral activities, including segregated soils or
other growth medium, waste material piles, ore piles, 
subgrade ore piles, and open or partially backfilled 
mine pits that meet the requirements of paragraph 
(5), shall be engineered to a stable condition to ef-
fectively control fugitive dust and erosion and other-
wise comply with toxic substance, solid waste, air 
and water pollution control laws and other environ-
mental laws. 
(3) SEDIMENTS, EROSION, AND
DRAINAGE.—
Facilities such as, but not limited to basins, ditches, 
stream bank stabilization, diversions or other meas-
ures, shall be designed, constructed and maintained 
where necessary to control sediments, erosion, and 
drainage of the area subject to mineral activities. 
(4) HYDROLOGIC
BALANCE.—(A) Mineral ac-
tivities shall be conducted to minimize disturbances 
to the prevailing hydrologic balance of the permit 
area and surrounding hydrologic basins affected by 
mining activities existing prior to the mineral activi-
ties in the permit area and in the surrounding wa-
tershed, as established by the baseline information 
provided pursuant to section 203(b)(10) (relating to 
operations permits). Hydrologic balance includes the 
quality and quantity of ground water and surface 
water and their interrelationships, including re-
charge and discharge rates. In all cases, the operator 
shall comply with Federal and State laws related to 
the quality and quantity of such waters. 
(B) Mineral activities shall be conducted to pre-
vent where possible the formation of acidic, toxic, or 
other contaminated water. Where the formation of 
acidic, toxic, or other contaminated water occurs, 
standard mineral activities shall be conducted so as 
to minimize the formation of acidic, toxic, or other 
contaminated water. 
(C) Mineral activities shall prevent any damage 
off-site from contamination of surface and ground 
water with acid or other toxic mine pollutants and 
shall prevent or remove water from contact with acid 
or toxic producing deposits. 
(D) Reclamation shall restore approximate hy-
drologic balance existing prior to the mineral activi-
ties before the applicable water quality permit issued 
under State or Federal law expires or is subject to 
renewal.
(E) Where the quality of surface water or 
ground water used for domestic, municipal, agricul-
tural, or industrial purposes is adversely impacted 
by mineral activities, such water shall be treated, or 
replaced with the same quantity and approximate
quality of water, comparable to premining conditions 
as established in paragraph (10) of section 203(b) 
(relating to operations permits). 
(5) SURFACE RESTORATION.—(A) The surface 
area disturbed by mineral activities shall be shaped, 
graded, and contoured to its natural topography. 
Backfilling of an open pit mine shall be required 
only if the Secretary, or for National Forest System 
lands the Secretary of Agriculture, finds that such 
open pit or partially backfilled, graded, or contoured 
pit would pose a significant threat to the public 
health, safety, or have a significant adverse effect on 
the environment in terms of surface water or 
groundwater pollution. 
(B) In instances where complete backfilling of 
an open pit is not required, the pit shall be graded 
to blend with the surrounding topography as much 
as practicable to minimize disturbance to the hydro-
logic balance, and revegetated in accordance with 
paragraph (6), and the water quality in the pit and 
other water impoundments and wells adjacent or 
hydrologically connected by groundwater shall com-
ply with applicable Federal, State, and, where appro-
priate, local government water quality standards.
(6) VEGETATION.—(A) The area subject to 
mineral activities shall be vegetated in order to es-
tablish a diverse, effective, and permanent vegetative 
cover of the same seasonal variety native to the area 
subject to mineral activities, capable of self-regen-
eration and plant succession and at least equal in 
extent of cover to the natural revegetation of the 
surrounding area, except that introduced species 
may be used at the discretion of the Secretary, or 
for National Forest System lands the Secretary of 
Agriculture, in consultation with the Director of the 
United States Fish and Wildlife Service, if such in-
troduction of such species is necessary as an interim 
step in, and is part of a program to restore a native 
plant community. In such instances where the com-
plete backfill of an open mine pit is not required 
under paragraph (5), such Secretary shall prescribe 
such vegetation requirements as conform to the ap-
plicable land use plan. 
(B) In order to ensure compliance with sub-
paragraph (A), the period for determining successful 
revegetation shall be for a period of 5 full years 
after the last year of augmented seeding, fertilizing, 
irrigation, or other work, except that such period 
shall be 10 full years where the annual average pre-
cipitation is 26 inches or less. The period may be for 
a longer time at the discretion of the Secretary con-
cerned where the average precipitation is 26 inches 
or less. 
(7) EXCESS WASTE.—(A) Waste material in ex-
cess of that required to comply with paragraph (5) 
shall be transported and placed in approved areas, 
in a controlled manner in such a way so as to assure 
long-term mass stability, to prevent mass movement, 
and to facilitate reclamation. In addition to the 
measures described under paragraph (3), internal 
drainage systems shall be employed, as may be re-
quired, to control erosion and drainage. The design 
of such excess waste material piles shall be certified 
by a qualified professional engineer. 
(B) Excess waste material piles shall be graded 
and contoured to blend with the surrounding topog-
raphy as much as practicable and revegetated in ac-
cordance with paragraph (6). 
(8) SEALING.—All drill holes, and openings on 
the surface associated with underground mineral ac-
tivities, shall be backfilled, sealed, or otherwise con-
trolled when no longer needed for the conduct of 
mineral activities to ensure protection of the public
and the environment, protection of groundwater, and 
management of fish and wildlife and livestock. 
(9) STRUCTURES.—All buildings, structures, or 
equipment constructed, used, or improved during 
mineral activities shall be removed, unless the Sec-
retary concerned, in consultation with the affected 
land managing agency, determines that use of the 
buildings, structures, or equipment would be con-
sistent with subsection (a) or for environmental 
monitoring and the Secretary concerned takes own-
ership of such structures. 
(10) CULTURAL, PALEONTOLOGICAL, AND CAVE 
RESOURCES.—The operator shall not knowingly dis-
turb, alter, injure, or destroy any scientifically im-
portant paleontologic remains or any historic, 
archeologic, or cave-related sites, structure, building, 
resource or object without including in the plan of 
operations a proposed action to preserve the re-
source that is approved by the Secretary prior to the 
disturbance taking place. 
(11) ROADS AND STRUCTURES.—All buildings, 
structures, roads, and equipment constructed, used, 
or improved during mineral activities shall be de-
signed, constructed, and maintained to minimize ero-
sion, siltation, and air pollution and then removed
after mining, unless the Secretary concerned in con-
sultation with the affected land managing agency, 
determines that use of the buildings, structures, 
roads, or equipment would be consistent with sub-
section (a) or for environmental monitoring, and the 
Secretary concerned takes ownership of such struc-
tures, buildings, or equipment, or roads. 
(12) DRILL HOLES.—(A) Drilling fluids shall 
not be allowed to flow off the site. 
(B) All drill holes shall be drilled, operated, and 
plugged to prevent mixing of water from aquifers, 
impacts to beneficial uses, and downward or upward 
water loss. 
(13) LEACHING
OPERATIONS
AND
IMPOUND-
MENTS.—Leach pads, tailing impoundments, waste 
rock and overburden, ponds, and solution holding fa-
cilities shall be designed, constructed, and operated 
according to standard engineering practices to 
achieve and maintain the stability of the site and fa-
cilitate reclamation. These facilities shall be con-
structed with a low-permeability liner or contain-
ment system that will detect leaks, and prevent the 
release of solutions to the environment. All leaching 
facilities and impoundments shall withstand a local
24-hour, 100-year storm event in addition to the so-
lution expected for the facility. 
(14) FIRE
PREVENTION
AND
CONTROL.—All 
applicable Federal and State fire laws and regula-
tions shall be complied with, including taking all rea-
sonable measures to prevent and suppress fire in the 
project area. 
(15) TEMPORARY
CESSATION.—During tem-
porary cessation of operations, the operator shall 
maintain the site, and take measures to stabilize the 
excavation and workings, control toxic or deleterious 
materials, and monitor site conditions. 
(c) SPECIAL RULE.—A modified reclamation plan 
shall not be required for mineral activities related to rec-
lamation where a mining claim is forfeited, relinquished, 
or lapsed, or a plan is revoked or suspended or has expired 
in any such case. Reclamation activities shall continue 
only as approved by the Secretary, or for National Forest 
System lands the Secretary of Agriculture, pursuant to the 
previously approved reclamation plan.
(d) DEFINITIONS.—As used in this section: 
(1) The term ‘‘waste material’’ means the mate-
rial resulting from mineral activities involving ex-
traction, beneficiation, and processing, including but 
not limited to tailings, and such material resulting
from mineral activities involving processing, to the 
extent such material is not subject to subtitle C of 
the Solid Waste Disposal Act (42 U.S.C. 3251 and 
following) or the Uranium Mill Tailings Radiation 
Control Act of 1978 (42 U.S.C. 7901 and following).
(2) The term ‘‘ore piles’’ means ore stockpiled 
for beneficiation prior to the completion of mineral 
activities. 
(3) The term ‘‘subgrade ore’’ means ore that is 
too low in grade to be processed at the time of ex-
traction but which could reasonably be processed in 
the foreseeable future. 
(4) The term ‘‘soil’’ means the earthy or sandy 
layer, ranging in thickness from a few inches to sev-
eral feet, composed of finely divided rock debris, of 
whatever origin, mixed with decomposing vegetal and 
animal matter, which forms the surface of the 
ground and in which plants grow or may grow. 
SEC. 207. STATE LAW AND REGULATION. 
(a) STATE LAW.—(1) Any reclamation standard or 
requirement in State law or regulation that meets or ex-
ceeds the requirements of section 206 shall not be con-
strued 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 section 205 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 section 403 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-
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 surface 
management requirements of this Act for the purposes of 
such plan of operations. 
(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. 
(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 surface 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 one year after the date of enactment of this Act. 
During such one-year period, the State and the Secretary 
shall review the terms of the agreement and make changes 
that are necessary to be consistent with this Act. 
(e) DELEGATION.—The Secretary, or for National 
Forest System lands the Secretary of Agriculture, shall 
not delegate to any State, or political subdivision thereof,
the Secretary’s authorities, duties, and obligations under 
this Act, including with respect to any cooperative agree-
ments entered into under this section. 
(f) PREEMPTION.—Subject to section 414(b), the re-
quirements of this Act shall preempt any conflicting re-
quirements of any State, or political subdivision thereof 
relating to mineral activities for locatable minerals. 
SEC. 208. UNSUITABILITY REVIEW. 
(a) AUTHORITY.—(1) As provided for in this section, 
the Secretary of the Interior, in carrying out that Sec-
retary’s responsibilities under the Federal Land Policy 
and Management Act of 1976, and the Secretary of Agri-
culture, in carrying out that Secretary’s responsibilities 
under the Forest and Rangeland Renewable Resources 
Planning Act of 1974, shall each review lands that are 
subject to this Act in order to determine, in accordance 
with the provisions of subsection (b), whether there are 
any areas on such lands that are either unsuitable for all 
types of mineral activities or conditionally suitable for cer-
tain types of mineral activities. 
(2) Any determination made in accordance with sub-
section (b) shall be immediately effective. Such determina-
tion shall be incorporated into the applicable land use plan 
when such plan is adopted, revised, or significantly amend-
ed pursuant to provisions of law other than this Act.
(3) In any instance where a determination is made 
in accordance with subsection (b) that an area is condi-
tionally suitable for all or certain mineral activities, the 
Secretary concerned shall take appropriate steps to notify 
the public that any operations permit application relevant 
to that area shall be conditioned accordingly. 
(b) SPECIAL CHARACTERISTICS.—(1) The Secretary, 
or for National Forest System lands the Secretary of Agri-
culture, shall determine that an area open to location is 
unsuitable for all or certain mineral activities if such Sec-
retary finds that such activities would result in significant, 
permanent, and irreparable damage to special characteris-
tics as described in paragraph (3) that cannot be pre-
vented by the imposition of conditions in the operations 
permit required under section 203(b). 
(2) The Secretary, or for National Forest System 
lands, the Secretary of Agriculture, may determine, after 
notice and opportunity for public comment, that an area 
is conditionally suitable for all or certain types of mineral 
activities, if the Secretary concerned determines that any 
of the special characteristics of such area, as listed in 
paragraph (3), require protection from the effects of min-
eral activities.
(3) Any of the following shall be considered special 
characteristics of an area which contains lands or interests 
in lands open to location under this Act: 
(A) The existence of significant water resources 
or supplies in or associated with such area, such as 
aquifers and aquifer recharge areas.
(B) The presence in such area of publicly 
owned places which are listed on or are determined 
eligible for listing on the National Register of His-
toric Places. 
(C) The designation of all or any portion of 
such area or any adjacent area as a National Con-
servation System unit. 
(D) The designation of all or any portion of 
such area or any adjacent area as critical habitat for 
threatened or endangered species under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 and fol-
lowing). 
(E) The designation of all or any portion of 
such area as Class I under section 162 of the Clean 
Air Act (42 U.S.C. 7401). 
(F) The presence of such other resource values 
as the Secretary, or for National Forest System 
lands, the Secretary of Agriculture, may, by joint
rule, specify based upon field testing that verifies 
such criteria. 
(G) Areas that are designated as or adjacent to 
Research Natural Areas. 
(H) Lands containing Native American ‘‘sacred 
sites’’ as defined in Executive Order 13007, and 
other cultural and religious values. 
(c) EFFECT OF DETERMINATION.—(1) In any in-
stance in which a determination of unsuitability is made 
for any area in accordance with subsection (b)(1), all min-
eral activities shall be prohibited in such area, and the 
Secretary shall (with the consent of the Secretary of Agri-
culture for National Forest System lands) withdraw such 
area pursuant to section 204 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1714). The Sec-
retary’s determination under this section shall constitute 
the documentation required to be provided under section 
204(c)(12) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1714). 
(2) In any instance where the Secretary, or for Na-
tional Forest System lands, the Secretary of Agriculture, 
determines in accordance with subsection (b)(2) that, by 
reason of any of the special characteristics listed in sub-
section (b)(3), an area is conditionally suitable for all or 
certain mineral activities, the Secretary concerned shall in-
clude such additional conditions in each permit for mineral 
activities in such area as necessary to limit or control min-
eral activities to the extent necessary to protect the special 
characteristics concerned. 
(3) Nothing in this section shall be construed as af-
fecting lands where mineral activities were being con-
ducted on the date of enactment of this Act under ap-
proved plans of operations or under notice (as provided 
for in the regulations of the Secretary of the Interior in 
effect prior to the date of enactment of this Act relating 
to operations that cause a cumulative disturbance of 5 
acres or less). 
(4) Nothing in this section shall be construed as pro-
hibiting mineral activities at a specific site, where substan-
tial legal and financial commitments in such mineral ac-
tivities were in existence on the date of enactment of this 
Act, but nothing in this section shall be construed as pro-
hibiting either Secretary from regulating such activities in 
accordance with other authority of law. As used in this 
paragraph, the term ‘‘substantial legal and financial com-
mitments’’ means, with respect to a specific site, signifi-
cant investments, expenditures, or undertakings that have 
been made to explore or develop any mining claim and 
or millsite located at such site under the general mining 
laws, such as but not limited to: contracts for minerals
produced; construction; contracts for the construction; or 
commitment to raise capital for the construction of proc-
essing, beneficiation, extraction, or refining facilities, or 
transportation or utility infrastructure; exploration activi-
ties conducted to delineate proven or probable ore re-
serves; acquisition of mining claims (but only if such ac-
quisition is part of other significant investments specified 
in this paragraph); and such other costs or expenditures 
related to mineral activities at such site as are similar to 
the foregoing itemized costs or expenditures and as may 
be specified by the Secretaries by joint rule. 
(d) WITHDRAWAL REVIEW.—(1) In carrying out the 
responsibilities referred to in subsection (a), the Secretary 
or, for National Forest System lands, the Secretary of Ag-
riculture, shall review all administrative withdrawals of 
land under such Secretary’s jurisdiction (other than wil-
derness study areas) to determine whether the revocation 
or modification of such withdrawal for the purpose of al-
lowing such lands to be opened to the location of mining 
claims under this Act is appropriate as a result of either 
of the following: 
(A) The imposition of any conditions imposed 
as part of the land use planning process or the im-
position of any conditions as a result of the review 
process under subsection (a).
(B) The limitation of section 111 (relating to 
limitation on patent issuance). 
(2) The Secretary concerned shall publish the review 
referred to in paragraph (1) in the Federal Register no 
later than 1 year after the date of enactment of this Act. 
After providing notice and opportunity for comment, the 
Secretary may issue a revocation or modification of such 
administrative withdrawals as he deems appropriate by 
reason of the criteria listed in subparagraph (A) or (B) 
of paragraph (1). 
SEC. 209. CERTAIN MINERAL ACTIVITIES COVERED BY 
OTHER LAW. 
This title shall not apply to any mineral activities 
that are subject to the Stockraising Homestead Acts (43 
U.S.C. 218 and following).
TITLE 
III—ABANDONED 
LOCATABLE MINERALS MINE 
RECLAMATION FUND 
SEC. 301. ABANDONED LOCATABLE MINERALS MINE REC-
LAMATION. 
(a) ESTABLISHMENT.—(1) There is established on 
the books of the Treasury of the United States a trust 
fund to be known as the Abandoned Locatable Minerals 
Mine Reclamation Fund (hereinafter in this title referred 
to as the ‘‘Fund’’). The Fund shall be administered by
the Secretary acting through the Director of the Office 
of Surface Mining Reclamation and Enforcement. 
(2) 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 current with-
drawals. The Secretary of the Treasury shall invest such 
portion of the Fund in public debt securities with matu-
rities suitable for the needs of such Fund and bearing in-
terest at rates determined by the Secretary of the Treas-
ury, taking into consideration current market yields on 
outstanding marketplace obligations of the United States 
of comparable maturities. The income on such investments 
shall be credited to, and form a part of, the Fund. 
(b) AMOUNTS.—The following amounts shall be cred-
ited to the Fund: 
(1) All moneys received from the collection of 
claim maintenance fees under section 103. 
(2) All moneys collected pursuant to section 
110 (relating to failure to comply), section 406 (re-
lating to enforcement) and section 404 (relating to 
citizens suits).
(3) All permit fees and transfer fees received 
under section 203.
(4) All donations by persons, corporations, as-
sociations, and foundations for the purposes of this 
title. 
(5) All amounts referred to in section 112 (re-
lating to royalties and penalties for underreporting).
(6) All other receipts from fees, royalties, pen-
alties and other sources collected under this Act. 
(7) All moneys received pursuant to section 111 
from issuance of patents. 
(c) ADMINISTRATIVE COSTS.—(1) In calculating the 
amount to be deposited in the Fund during any fiscal year 
under subsection (b), the enacted appropriation of the De-
partment of the Interior during the preceding year attrib-
utable to administering this Act shall be deducted from 
the total of the amounts listed in subsection (b) prior to 
the transfer of such amounts to the Fund. 
(2) The amount deducted under paragraph (1) of this 
section shall be available to the Secretary, subject to ap-
propriation, for payment of the costs of administering this 
Act.
SEC. 302. USE AND OBJECTIVES OF THE FUND. 
(a) IN GENERAL.—The Secretary is authorized, sub-
ject to appropriations, to use moneys in the Fund for the 
reclamation and restoration of land and water resources 
adversely affected by past mineral activities on lands the
legal and beneficial title to which resides in the United 
States, land within the exterior boundary of any national 
forest system unit, or other lands described in subsection 
(d) or section 303, including any of the following: 
(1) Preventing, abating, treating, and control-
ling water pollution created by abandoned mine 
drainage. 
(2) Reclaiming and restoring abandoned surface 
and underground mined areas. 
(3) Reclaiming and restoring abandoned milling 
and processing areas. 
(4) Backfilling, sealing, or otherwise control-
ling, abandoned underground mine entries. 
(5) Revegetating land adversely affected by past 
mineral activities in order to prevent erosion and 
sedimentation, to enhance wildlife habitat, and for 
any other reclamation purpose. 
(6) Controlling of surface subsidence due to 
abandoned underground mines. 
(b) PRIORITIES.—Expenditures of moneys from the 
Fund shall reflect the following priorities in the order stat-
ed: 
(1) The protection of public health, safety, gen-
eral welfare, and property from extreme danger from 
the adverse effects of past mineral activities, espe-
cially as relates to surface water and groundwater 
contaminants. 
(2) The protection of public health, safety, and 
general welfare from the adverse effects of past min-
eral activities. 
(3) The restoration of land, water, and fish and 
wildlife resources previously degraded by the adverse 
effects of past mineral activities.
(c) HABITAT.—Reclamation and restoration activities 
under this title, 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 Fund
for reclamation and restoration under subsection (a) for 
all directly affected lands. 
(e) RESPONSE OR REMOVAL ACTIONS.—Reclamation 
and restoration activities under this title which constitute 
a removal or remedial action under section 101 of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601), shall be con-
ducted with the concurrence of the Administrator of the 
Environmental Protection Agency. The Secretary and the 
Administrator shall enter into a Memorandum of Under-
standing to establish procedures for consultation, concur-
rence, training, exchange of technical expertise and joint 
activities under the appropriate circumstances, which pro-
vide assurances that reclamation or restoration activities 
under this title, to the extent practicable, shall not be con-
ducted in a manner that increases the costs or likelihood 
of removal or remedial actions under the Comprehensive 
Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 and following), and which avoid 
oversight by multiple agencies to the maximum extent 
practicable. 
SEC. 303. ELIGIBLE LANDS AND WATERS. 
(a) ELIGIBILITY.—Reclamation expenditures under 
this title 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 min-
eral 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. 
(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 
Fund established under this title.
(c) INVENTORY.—The Secretary shall prepare and 
maintain an inventory of abandoned locatable minerals 
mines on Federal lands and any abandoned mine on In-
dian lands which may be eligible for expenditures under 
this title. 
SEC. 304. FUND EXPENDITURES. 
Moneys available from the Fund may be expended for 
the purposes specified in section 302 directly by the Direc-
tor of the Office of Surface Mining Reclamation and En-
forcement. The Director may also make such money avail-
able 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 Di-
rector 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 im-
plement, and that has the ability to carry out, all or a 
significant portion of a reclamation program under this 
title.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS. 
Amounts credited to the Fund are authorized to be 
appropriated for the purpose of this title without fiscal 
year limitation.
TITLE IV—ADMINISTRATIVE AND 
MISCELLANEOUS PROVISIONS 
Subtitle A—Administrative 
Provisions 
SEC. 401. POLICY FUNCTIONS. 
(a) MINERALS POLICY.—Section 2 of the Mining and 
Minerals Policy Act of 1970 (30 U.S.C. 21a) is amended 
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 Federal land use decision-
making’’.
SEC. 402. USER FEES. 
The Secretary and the Secretary of Agriculture are 
each authorized to establish and collect from persons sub-
ject to the requirements of this Act such user fees as may 
be necessary to reimburse the United States for the ex-
penses 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 in 
an aggregate amount of the fees collected during any fiscal 
year which does not exceed the aggregate amount of ad-
ministrative expenses referred to in this section. 
SEC. 403. 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 surface management requirements of 
title II. 
(2) The Secretary concerned shall establish a fre-
quency of inspections for mineral activities conducted 
under a permit issued under title II, but in no event shall 
such inspection frequency be less than one complete in-
spection per calendar quarter or, two per calendar quarter 
in the case of a permit for which the Secretary concerned 
approves an application under section 203(g) (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 surface management require-
ments may request an inspection. The Secretary, or for 
National Forest System lands the Secretary of Agri-
culture, shall determine within 10 working days of receipt 
of the request whether the request states a reason to be-
lieve that a violation exists. If the person alleges and pro-
vides reason to believe that an imminent threat to the en-
vironment 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-
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 which shall identify compli-
ance with all surface management requirements. 
(2) Monitoring shall be conducted as close as tech-
nically feasible to the mineral activity involved, and in all 
cases such monitoring shall be conducted within the per-
mit area. 
(3) The point of compliance referred to in paragraph 
(1) shall be as close to the mineral activity involved as 
is technically feasible, but in any event shall be located 
to comply with applicable State and Federal standards. 
In no event shall the point of compliance be outside the 
permit area.
(4) The Secretary concerned may require additional 
monitoring be conducted as necessary to assure compli-
ance with the reclamation and other environmental stand-
ards of this Act. 
(5) 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 surface management requirements under 
this Act, it shall be reported immediately to the Secretary 
concerned. Information received pursuant to this sub-
section from any natural person shall not be used against 
any such natural person in any criminal case, except a 
prosecution for perjury or for giving a false statement. 
The Secretary shall evaluate the reports submitted pursu-
ant to this paragraph, and based on those reports and any 
necessary inspection shall take enforcement action pursu-
ant to this section. 
(6) 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 (5). 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 406.
SEC. 404. 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) alleged to have vio-
lated (if there is evidence the alleged violation has 
been repeated), or to be in violation of, any of the 
provisions of this Act or any regulation promulgated 
pursuant to title II or any term or condition of any 
permit issued under title II; 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 title II, which 
is not within the discretion of the Secretary con-
cerned. 
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 405 may only be filed in a United 
States district court within the circuit in which such action 
would be reviewable under section 405. 
(b) EXCEPTIONS.—(1) No action may be commenced 
under subsection (a) prior to 60 days after the plaintiff 
has given notice in writing of such alleged violation to the 
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, except that any such action may be 
brought immediately after such notification if the violation 
complained of constitutes an imminent threat to the envi-
ronment 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 405 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.
(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. Nothing in this Act shall be construed
to be a waiver of the sovereign immunity of an Indian tribe 
except as provided for in section 203.
SEC. 405. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) REVIEW
BY SECRETARY.—(1)(A) Any person 
issued a notice of violation or cessation order under sec-
tion 406, 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 110 (relating to failure to comply), or sec-
tion 406 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 406) 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 406. 
(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 
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 406 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 406 
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 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 re-
sources. 
(5) The availability of review under this subsection 
shall not be construed to limit the operation of rights 
under section 404 (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 Act, including 
such final action on those matters described under sub-
section (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 
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 404 (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-
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. 406. 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 surface management 
or monitoring requirement, such Secretary or authorized 
representative shall issue to such person a notice of viola-
tion 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 Sec-
100
retary concerned upon a showing of good cause by such 
person. If, upon the expiration of time provided for such 
abatement, the Secretary concerned, or the authorized 
representative of such Secretary, finds that the violation 
has not been abated he 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 surface management or monitoring re-
quirement, 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,
101
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 
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-
102
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-
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
103
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—
(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 403. 
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 surface management requirement 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 assessments.
104
(2) A person who fails to correct a violation for which 
a cessation order has been issued under subsection (a) 
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 surface 
management requirement or fails or refuses to comply 
with an order issued under subsection (a), any director, 
officer, or agent of such corporation who knowingly au-
thorized, 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 
II, in whole or in part, if the operator or person con-
ducting mineral activities—
(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);
105
(3) fails to comply with an order of the Sec-
retary concerned; 
(4) refuses to permit an audit pursuant to this 
Act;
(5) fails to maintain an adequate financial as-
surance under section 205; 
(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 204(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,
106
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-
tion committed after a first conviction of such person 
under this paragraph, 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 II, or 
(2) violates any other surface management re-
quirement of this Act or any provision of a permit 
issued under this Act (including any exploration or 
operations plan on which such permit is based), or 
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 para-
graph, punishment shall be a fine of not less than $10,000
107
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 
more than $50,000, or by imprisonment for not more than 
2 years, or both. 
(i) DEFINITION.—For purposes of this section, the 
term ‘‘person’’ includes a person as defined in section 
3(a)(19) and any officer, agent, or employee of any such 
person.
SEC. 407. REGULATIONS; EFFECTIVE DATES. 
(a) EFFECTIVE DATE.—The provisions of this Act 
shall take effect on the date of enactment of this Act, ex-
cept as otherwise provided in this Act. 
(b) REGULATIONS.—The Secretary and the Secretary 
of Agriculture may issue such regulations as may be nec-
essary under this Act. The regulations implementing title 
II and the provisions of title IV which affect the United 
States Forest Service shall be joint regulations issued by 
both Secretaries. 
(c) NOTICE.—Within 180 days after the date of en-
actment of this Act, the Secretary shall give notice to hold-
108
ers of mining claims and millsites maintained under the 
general mining laws as to the requirements of section 106. 
Subtitle B—Miscellaneous 
Provisions 
SEC. 411. TRANSITIONAL RULES; SURFACE MANAGEMENT 
REQUIREMENTS. 
(a) NEW CLAIMS.—Notwithstanding any other provi-
sion of law, any mining claim for a locatable mineral on 
lands subject to this Act located after the date of enact-
ment of this Act shall be subject to the requirements of 
title II. 
(b) PREEXISTING CLAIMS.—(1) Notwithstanding any 
other provision of law, any unpatented mining claim or 
millsite located under the general mining laws before the 
date of enactment of this Act for which a plan of operation 
has not been approved or a notice filed prior to the date 
of enactment shall, upon the effective date of this Act, 
be subject to the requirements of title II, except as pro-
vided in paragraphs (2) and (3). 
(2)(A) If a plan of operations had been approved for 
mineral activities on any claim or site referred to in para-
graph (1) prior to the date of enactment of this Act, for 
a period of 5 years after the effective date of this Act min-
eral activities at such claim or site shall be subject to such 
plan of operations (or a modification or amendment there-
109
to prepared in accordance with the provisions of law appli-
cable prior to the enactment of this Act). During such 5-
year period, modifications of, or amendments to, any such 
plan may be made in accordance with the provisions of 
law applicable prior to the enactment of this Act if such 
modifications or amendments are deemed minor by the 
Secretary concerned. After such 5-year period the require-
ments of title II shall apply, subject to the limitations of 
section 208. In order to meet the requirements of title II, 
the person conducting mineral activities under such plan 
of operations (or modified or amended plan) shall apply 
for a modification under section 203(f) no later than 3 
years after the date of enactment of this Act. For purposes 
of this paragraph, any modification or amendment that 
extends the area covered by the plan (except for incidental 
boundary revisions) or that increases the risk of adverse 
effects on the environment shall not be subject to this 
paragraph and shall be subject to other provisions of this 
Act. 
(B) During the 5-year period referred to in subpara-
graph (A), the provisions of section 403 (relating to in-
spection and monitoring) and section 406 (relating to en-
forcement) shall apply on the basis of the surface manage-
ment requirements applicable to such plans of operations 
prior to the effective date of this Act.
110
(C) Where an application for modification or amend-
ment of a plan of operations referred to in subparagraph 
(A) has been timely submitted and an approved plan ex-
pires prior to Secretarial action on the application, mineral 
activities and reclamation may continue in accordance 
with the terms of the expired plan until the Secretary 
makes an administrative decision on the application. 
(3)(A) If a substantially complete application for ap-
proval of a plan of operations or for a modification of, 
or amendment to, a plan of operations had been submitted 
by the date of enactment of this Act and either a scoping 
document or an environmental assessment prepared for 
purposes of compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 and following) had 
been published with respect to such plan, modification, or 
amendment before the date of the enactment of this Act 
but the submitted plan of operations or modification or 
amendment had not been approved for mineral activities 
on any claim or site referred to in paragraph (1) prior 
to such date of enactment, for a period of 5 years after 
the effective date of this Act mineral activities at such 
claim or site shall be subject to the provisions of law appli-
cable prior to the enactment of this Act. During such 5-
year period, subsequent modifications of, or amendments 
to, any such plan may be made in accordance with the
111
provisions of law applicable prior to the enactment of this 
Act if such subsequent modifications or amendments are 
deemed minor by the Secretary concerned. After such 5-
year period, the requirements of title II shall apply, sub-
ject to the limitations of section 208. For purposes of this 
paragraph, any subsequent modification or amendment 
which extends the area covered by the plan (except for 
incidental boundary revisions) or which significantly in-
creases the risk of adverse effects on the environment shall 
not be subject to this paragraph and shall be subject to 
other provisions of this Act. 
(B) In order to meet the requirements of title II, the 
person conducting mineral activities under a plan of oper-
ations (or modified or amended plan referred to in sub-
paragraph (A)) shall apply for a modification under sec-
tion 203(f) no later than 3 years after the date of enact-
ment of this Act. During such 5-year period the provisions 
of section 403 (relating to inspection and monitoring) and 
section 406 (relating to enforcement) shall apply on the 
basis of the surface management requirements applicable 
to such plans of operations prior to the effective date of 
this Act. 
(C) Where an application for modification or amend-
ment of a plan of operations referred to in subparagraph 
(A) has been timely submitted and an approved plan ex-
112
pires prior to Secretarial action on the application, mineral 
activities and reclamation may continue in accordance 
with the terms of the expired plan until the Secretary 
makes an administrative decision on the application. 
(4) If a notice had been filed with the authorized offi-
cer in the applicable office of the Bureau of Land Manage-
ment or the United States Forest Service (as provided for 
in the regulations of the Secretary of the Interior or the 
Secretary of Agriculture, respectively, in effect prior to the 
date of enactment of this Act) prior to the date of enact-
ment of this Act, mineral activities may continue under 
such notice or notice of intent for a period of 2 years after 
the effective date of this Act, after which time the require-
ments of title II shall apply, subject to the limitations of 
section 208(d)(2). In order to meet the requirements of 
title II, the person conducting mineral activities under 
such notice shall apply for a permit under section 203 no 
later than 18 months after the effective date of this Act, 
unless such mineral activities are conducted pursuant to 
section 202(b). During such 2-year period the provisions 
of sections 403 (relating to inspection and monitoring) 
and 406 (relating to enforcement) shall apply on the basis 
of the surface management requirements applicable to 
such notices prior to the effective date of this Act.
113
SEC. 412. OIL SHALE CLAIMS SUBJECT TO SPECIAL RULES. 
(a) The provisions of section 411 shall apply to oil 
shale claims referred to in section 2511(e)(2) of the En-
ergy Policy Act of 1992 (Public Law 102–486).
(b) Section 2511(f) of the Energy Policy Act of 1992 
(Public Law 102–486) is amended as follows: 
(1) By striking ‘‘as prescribed by the Sec-
retary’’. 
(2) By inserting the following before the period: 
‘‘in the same manner as if such claims were subject 
to title II of the Mineral Exploration and Develop-
ment Act of 2003’’. 
SEC. 413. PURCHASING POWER ADJUSTMENT. 
The Secretary shall adjust all location fees, claim 
maintenance rates, penalty amounts, and other dollar 
amounts established in this Act for changes in the pur-
chasing power of the dollar every 10 years following the 
date of enactment of this Act, employing the Consumer 
Price Index for All-Urban Consumers published by the De-
partment of Labor as the basis for adjustment, and round-
ing according to the adjustment process of conditions of 
the Federal Civil Penalties Inflation Adjustment Act of 
1990 (104 Stat. 890). 
SEC. 414. SAVINGS CLAUSE. 
(a) SPECIAL APPLICATION OF MINING LAWS.—Noth-
ing in this Act shall be construed as repealing or modi-
114
fying any Federal law, regulation, order, or land use plan, 
in effect prior to the date of enactment of this Act that 
prohibits or restricts the application of the general mining 
laws, including laws that provide for special management 
criteria for operations under the general mining laws as 
in effect prior to the date of enactment of this Act, to 
the extent such laws provide environmental protection 
greater than required under this Act, and any such prior 
law shall remain in force and effect with respect to claims 
located (or proposed to be located) or converted under this 
Act. Nothing in this Act shall be construed as applying 
to or limiting mineral investigations, studies, or other min-
eral activities conducted by any Federal or State agency 
acting in its governmental capacity pursuant to other au-
thority. Nothing in this Act shall affect or limit any as-
sessment, investigation, evaluation, or listing pursuant to 
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601 and fol-
lowing), or the Solid Waste Disposal Act (42 U.S.C. 3251 
and following). 
(b) EFFECT ON OTHER FEDERAL LAWS.—The provi-
sions of this Act shall supersede the general mining laws, 
but, except for the general mining laws, nothing in this 
Act shall be construed as superseding, modifying, amend-
ing, or repealing any provision of Federal law not ex-
115
pressly superseded, modified, amended, or repealed by this 
Act. Nothing in this Act shall be construed as altering, 
affecting, amending, modifying, or changing, directly or 
indirectly, any law which refers to and provides authorities 
or responsibilities for, or is administered by, the Environ-
mental Protection Agency or the Administrator of the En-
vironmental Protection Agency, including the Federal 
Water Pollution Control Act, title XIV of the Public 
Health Service Act (the Safe Drinking Water Act), the 
Clean Air Act, the Pollution Prevention Act of 1990, the 
Toxic Substances Control Act, the Federal Insecticide, 
Fungicide, and Rodenticide Act, the Federal Food, Drug, 
and Cosmetic Act, the Motor Vehicle Information and 
Cost Savings Act, the Federal Hazardous Substances Act, 
the Endangered Species Act of 1973, the Atomic Energy 
Act, the Noise Control Act of 1972, the Solid Waste Dis-
posal Act, the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, the Superfund 
Amendments and Reauthorization Act of 1986, the Ocean 
Dumping Act, the Environmental Research, Development, 
and Demonstration Authorization Act, the Pollution Pros-
ecution Act of 1990, and the Federal Facilities Compli-
ance Act of 1992, or any statute containing an amend-
ment to any of such Acts. Nothing in this Act shall be 
construed as modifying or affecting any provision of the