I 
111TH CONGRESS 
1ST SESSION 
H. R. 699 
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 
JANUARY 27, 2009 
Mr. RAHALL (for himself, Mr. GEORGE MILLER of California, Mr. WAXMAN, 
Mr. MARKEY of Massachusetts, Mr. BERMAN, Mr. GRIJALVA, Mr. COSTA, 
Mrs. CHRISTENSEN, Mr. HOLT, Mr. STARK, Mr. KILDEE, Mr. HINCHEY, 
Ms. ESHOO, Mr. BLUMENAUER, Mr. KENNEDY, Mr. KIND, Mrs. CAPPS, 
Mr. SCHIFF, Mr. HONDA, Mr. SALAZAR, and Ms. TSONGAS) introduced 
the following bill; which was referred to the Committee on Natural Re-
sources 
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 
‘‘Hardrock Mining and Reclamation Act of 2009’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions and references. 
Sec. 3. Application rules. 
TITLE I—MINERAL EXPLORATION AND DEVELOPMENT 
Sec. 101. Limitation on patents. 
Sec. 102. Royalty. 
Sec. 103. Hardrock mining claim maintenance fee. 
Sec. 104. Effect of payments for use and occupancy of claims. 
TITLE II—PROTECTION OF SPECIAL PLACES 
Sec. 201. Lands open to location. 
Sec. 202. Withdrawal petitions by States, political subdivisions, and Indian 
tribes. 
TITLE III—ENVIRONMENTAL CONSIDERATIONS OF MINERAL 
EXPLORATION AND DEVELOPMENT 
Sec. 301. General standard for hardrock mining on Federal land. 
Sec. 302. Permits. 
Sec. 303. Exploration permit. 
Sec. 304. Operations permit. 
Sec. 305. Persons ineligible for permits. 
Sec. 306. Financial assurance. 
Sec. 307. Operation and reclamation. 
Sec. 308. State law and regulation. 
Sec. 309. Limitation on the issuance of permits. 
TITLE IV—MINING MITIGATION 
Subtitle A—Locatable Minerals Fund 
Sec. 401. Establishment of Fund. 
Sec. 402. Contents of Fund. 
Sec. 403. Subaccounts. 
Subtitle B—Use of Hardrock Reclamation Account 
Sec. 411. Use and objectives of the Account. 
Sec. 412. Eligible lands and waters. 
Sec. 413. Expenditures. 
Sec. 414. Authorization of appropriations. 
Subtitle C—Use of Hardrock Community Impact Assistance Account 
Sec. 421. Use and objectives of the Account. 
Sec. 422. Allocation of funds. 
TITLE V—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS 
Subtitle A—Administrative Provisions 
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Sec. 501. Policy functions. 
Sec. 502. User fees. 
Sec. 503. Inspection and monitoring. 
Sec. 504. Citizens suits. 
Sec. 505. Administrative and judicial review. 
Sec. 506. Enforcement. 
Sec. 507. Regulations. 
Sec. 508. Effective date. 
Subtitle B—Miscellaneous Provisions 
Sec. 511. Oil shale claims. 
Sec. 512. Purchasing power adjustment. 
Sec. 513. Savings clause. 
Sec. 514. Availability of public records. 
Sec. 515. Miscellaneous powers. 
Sec. 516. Multiple mineral development and surface resources. 
Sec. 517. Mineral materials. 
SEC. 2. DEFINITIONS AND REFERENCES. 
(a) IN GENERAL.—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 
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other constituents, including but not necessarily lim-
ited to, physical and chemical separation techniques. 
(4) The term ‘‘casual use’’— 
(A) subject to subparagraphs (B) and (C), 
means mineral activities that do not ordinarily 
result in any disturbance of public lands and re-
sources; 
(B) includes collection of geochemical, 
rock, 
soil, 
or 
mineral 
specimens 
using 
handtools, hand panning, or nonmotorized sluic-
ing; and 
(C) does not include— 
(i) the use of mechanized earth-mov-
ing equipment, suction dredging, or explo-
sives; 
(ii) the use of motor vehicles in areas 
closed to off-road vehicles; 
(iii) the construction of roads or drill 
pads; and 
(iv) the use of toxic or hazardous ma-
terials. 
(5) The term ‘‘claim holder’’ means a person 
holding a mining claim, millsite claim, or tunnel site 
claim located under the general mining laws and 
maintained in compliance with such laws and this 
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Act. Such term may include an agent of a claim 
holder. 
(6) 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. 
(7) The term ‘‘exploration’’— 
(A) subject to subparagraphs (B) and (C), 
means creating surface disturbance other than 
casual use, to evaluate the type, extent, quan-
tity, or quality of minerals present; 
(B) includes mineral activities associated 
with sampling, drilling, and analyzing locatable 
mineral values; and 
(C) does not include extraction of mineral 
material for commercial use or sale. 
(8) The term ‘‘Federal land’’ means any land, 
and any interest in land, that is owned by the 
United States and open to location of mining claims 
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under the general mining laws and title II of this 
Act. 
(9) 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. 
(10) 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 et seq.), that is recognized as 
eligible for the special programs and services pro-
vided by the United States to Indians because of 
their status as Indians. 
(11) The term ‘‘locatable mineral’’— 
(A) subject to subparagraph (B), means 
any mineral, the legal and beneficial title to 
which remains in the United States and that is 
not subject to disposition under any of— 
(i) the Mineral Leasing Act (30 
U.S.C. 181 et seq.); 
(ii) the Geothermal Steam Act of 
1970 (30 U.S.C. 1001 et seq.); 
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(iii) the Act of July 31, 1947, com-
monly known as the Materials Act of 1947 
(30 U.S.C. 601 et seq.); or 
(iv) the Mineral Leasing for Acquired 
Lands Act (30 U.S.C. 351 et seq.); and 
(B) does not include any mineral that is 
subject to a restriction against alienation im-
posed by the United States and is— 
(i) held in trust by the United States 
for any Indian or Indian tribe, as defined 
in section 2 of the Indian Mineral Develop-
ment Act of 1982 (25 U.S.C. 2101); or 
(ii) owned by any Indian or Indian 
tribe, as defined in that section. 
(12) The term ‘‘mineral activities’’ means any 
activity on a mining claim, millsite claim, or tunnel 
site claim for, related to, or incidental to, mineral 
exploration, mining, beneficiation, processing, or rec-
lamation activities for any locatable mineral. 
(13) The term ‘‘National Conservation System 
unit’’ means any unit of the National Park System, 
National Wildlife Refuge System, National Wild and 
Scenic Rivers System, or National Trails System, or 
a National Conservation Area, a National Recreation 
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Area, a National Monument, or any unit of the Na-
tional Wilderness Preservation System. 
(14) The term ‘‘operator’’ means any person 
proposing or authorized by a permit issued under 
this Act to conduct mineral activities and any agent 
of such person. 
(15) 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. 
(16) 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. 
(17) The term ‘‘Secretary’’ means the Secretary 
of the Interior, unless otherwise specified. 
(18) The term ‘‘temporary cessation’’ means a 
halt in mine-related production activities for a con-
tinuous period of no longer than 5 years. 
(19) The term ‘‘undue degradation’’ means ir-
reparable harm to significant scientific, cultural, or 
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environmental resources on public lands that cannot 
be effectively mitigated. 
(b) VALID EXISTING RIGHTS.—As used in this Act, 
the term ‘‘valid existing rights’’ means a mining claim or 
millsite claim located on lands described in section 201(b), 
that— 
(1) was properly located and maintained under 
the general mining laws prior to the date of enact-
ment of this Act; 
(2) was supported by a discovery of a valuable 
mineral deposit within the meaning of the general 
mining laws on the date of enactment of this Act, 
or satisfied the limitations under existing law for 
millsite claims; and 
(3) continues to be valid under this Act. 
(c) REFERENCES TO OTHER LAWS.—(1) Any ref-
erence in this Act to the term general mining laws is a 
reference to those Acts that generally comprise chapters 
2, 12A, and 16, and sections 161 and 162, of title 30, 
United States Code. 
(2) Any reference in this Act to the Act of July 23, 
1955, is a reference to the Act 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 
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tracts of the public lands, and for other purposes’’ (30 
U.S.C. 601 et seq.). 
SEC. 3. APPLICATION RULES. 
(a) IN GENERAL.—This Act applies to any mining 
claim, millsite claim, or tunnel site claim located under 
the general mining laws, before, on, or after the date of 
enactment of this Act, except as provided in subsection 
(b). 
(b) PREEXISTING CLAIMS.—(1) Any unpatented min-
ing claim or millsite claim located under the general min-
ing 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 this 
Act, except as provided in paragraph (2). 
(2)(A) If a plan of operations is approved for mineral 
activities on any claim or site referred to in paragraph 
(1) prior to the date of enactment of this Act but such 
operations have not commenced prior to the date of enact-
ment of this Act— 
(i) during the 10-year period beginning on the 
date of enactment of this Act, mineral activities at 
such claim or site shall be subject to such plan of 
operations; 
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(ii) during such 10-year period, modifications of 
any such plan may be made in accordance with the 
provisions of law applicable prior to the enactment 
of this Act if such modifications are deemed minor 
by the Secretary concerned; and 
(iii) the operator shall bring such mineral ac-
tivities into compliance with this Act by the end of 
such 10-year period. 
(B) Where an application for modification of a plan 
of operations referred to in subparagraph (A)(ii) has been 
timely submitted and an approved plan expires 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. 
(c) FEDERAL LANDS SUBJECT TO EXISTING PER-
MIT.—(1) Any Federal land shall be subject to the require-
ments of section 102(a)(2) if the land is— 
(A) subject to an operations permit; and 
(B) producing valuable locatable minerals in 
commercial quantities prior to the date of enactment 
of this Act. 
(2) Any Federal land added through a plan modifica-
tion to an operations permit on Federal land that is sub-
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mitted after the date of enactment of this Act shall be 
subject to the terms of section 102(a)(3). 
(d) APPLICATION OF ACT TO BENEFICIATION AND 
PROCESSING OF NON-FEDERAL MINERALS ON FEDERAL 
LANDS.—The provisions of this Act (including the envi-
ronmental protection requirements of title III) shall apply 
in the same manner and to the same extent to mining 
claims, millsite claims, and tunnel site claims used for 
beneficiation or processing activities for any mineral with-
out regard to whether or not the legal and beneficial title 
to the mineral is held by the United States. This sub-
section applies only to minerals that are locatable minerals 
or minerals that would be locatable minerals if the legal 
and beneficial title to such minerals were held by the 
United States. 
TITLE 
I—MINERAL 
EXPLO-
RATION AND DEVELOPMENT 
SEC. 101. 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— 
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(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— 
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(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. 102. ROYALTY. 
(a) RESERVATION OF ROYALTY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and subject to paragraph (3), production 
of all locatable minerals from any mining claim lo-
cated under the general mining laws and maintained 
in compliance with this Act, or mineral concentrates 
or products derived from locatable minerals from 
any such mining claim, as the case may be, shall be 
subject to a royalty of 8 percent of the gross income 
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from mining. The claim holder or 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 liable for payment of such royalties. 
(2) ROYALTY FOR FEDERAL LANDS SUBJECT 
TO
EXISTING
PERMIT.—The royalty under para-
graph (1) shall be 4 percent in the case of any Fed-
eral land that— 
(A) is subject to an operations permit on 
the date of the enactment of this Act; and 
(B) produces valuable locatable minerals in 
commercial quantities on the date of enactment 
of this Act. 
(3) FEDERAL LAND ADDED TO EXISTING OPER-
ATIONS PERMIT.—Any Federal land added through 
a plan modification to an operations permit that is 
submitted after the date of enactment of this Act 
shall be subject to the royalty that applies to Fed-
eral land under paragraph (1). 
(4) DEPOSIT.—Amounts received by the United 
States as royalties under this subsection shall be de-
posited into the account established under section 
401. 
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(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 responsible for 
making proper payments for all amounts due for all time 
periods for which such person has a payment responsi-
bility. Such responsibility for the periods 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— 
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(A) develop and comply with the site security 
provisions in the operations permit designed to pro-
tect 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-
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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 con-
ducting an audit or investigation pursuant to this section, 
the appropriate records, reports, or information that may 
be required by this section shall be made available for in-
spection and duplication by such officer or employee. Fail-
ure by a claim holder, operator, or other person referred 
to in the first sentence to cooperate with such an audit, 
provide data required by the Secretary, or grant access 
to information may, at the discretion of the Secretary, re-
sult in involuntary forfeiture of the claim. 
(2) Records required by the Secretary under this sec-
tion shall be maintained for 7 years after release of finan-
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cial assurance under section 306 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-
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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 protected from disclosure under section 552 
of title 5, United States Code, popularly known as the 
Freedom of Information Act, shall be made available by 
the Secretary to other Federal agencies as necessary to 
assure compliance with this Act and other Federal laws. 
The Secretary, the Secretary of Agriculture, the Adminis-
trator of the Environmental Protection Agency, and other 
Federal officials shall ensure that such information is pro-
vided protection in accordance with the requirements of 
that section. 
(f) INTEREST AND SUBSTANTIAL UNDERREPORTING 
ASSESSMENTS.—(1) In the case of mining claims where 
royalty payments are not received by the Secretary on the 
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date that such payments are due, the Secretary shall 
charge interest on such underpayments at the same inter-
est rate as the rate applicable under section 6621(a)(2) 
of the Internal Revenue Code of 1986. In the case of an 
underpayment, 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 shall assess a penalty of not greater than 25 
percent of the amount of that underreporting. 
(3) For the purposes of this subsection, the term 
‘‘underreporting’’ means the difference between the roy-
alty on the value of the production that should have been 
reported and the royalty on the value of the production 
which was reported, if the value that should have been 
reported is greater than the value that was reported. 
(4) The Secretary may waive or reduce the assess-
ment provided in paragraph (2) 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. 
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(5) The Secretary shall waive any portion of an as-
sessment under paragraph (2) of this subsection attrib-
utable to that portion of the underreporting for which the 
person responsible for paying the royalty demonstrates 
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. 
(6) All penalties collected under this subsection shall 
be deposited in the Locatable Minerals Fund established 
under title IV. 
(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. 
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(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) GROSS INCOME FROM MINING DEFINED.—For 
the purposes of this section, for any locatable mineral, the 
term ‘‘gross income from mining’’ has the same meaning 
as the term ‘‘gross income’’ in section 613(c) of the Inter-
nal Revenue 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 
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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. 
SEC. 103. HARDROCK MINING CLAIM MAINTENANCE FEE. 
(a) FEE.— 
(1) Except as provided in section 2511(e)(2) of 
the Energy Policy Act of 1992 (relating to oil shale 
claims), for each unpatented mining claim, mill or 
tunnel site on federally owned lands, whether located 
before, on, or after enactment of this Act, each 
claimant shall pay to the Secretary, on or before Au-
gust 31 of each year, a claim maintenance fee of 
$150 per claim to hold such unpatented mining 
claim, mill or tunnel site for the assessment year be-
ginning at noon on the next day, September 1. Such 
claim maintenance fee shall be in lieu of the assess-
ment work requirement contained in the Mining Law 
of 1872 (30 U.S.C. 28 et seq.) and the related filing 
requirements contained in section 314(a) and (c) of 
the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1744(a) and (c)). 
(2)(A) The claim maintenance fee required 
under this subsection shall be waived for a claimant 
who certifies in writing to the Secretary that on the 
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date the payment was due, the claimant and all re-
lated parties— 
(i) held not more than 10 mining claims, 
mill sites, or tunnel sites, or any combination 
thereof, on public lands; and 
(ii) have performed assessment work re-
quired under the Mining Law of 1872 (30 
U.S.C. 28 et seq.) to maintain the mining 
claims held by the claimant and such related 
parties for the assessment year ending on noon 
of September 1 of the calendar year in which 
payment of the claim maintenance fee was due. 
(B) For purposes of subparagraph (A), with re-
spect to any claimant, the term ‘‘all related parties’’ 
means— 
(i) the spouse and dependent children (as 
defined in section 152 of the Internal Revenue 
Code of 1986), of the claimant; or 
(ii) a person affiliated with the claimant, 
including— 
(I) a person controlled by, controlling, 
or under common control with the claim-
ant; or 
(II) a subsidiary or parent company 
or corporation of the claimant. 
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(3)(A) The Secretary shall adjust the fees re-
quired by this subsection to reflect changes in the 
Consumer Price Index published by the Bureau of 
Labor Statistics of the Department of Labor every 
5 years after the date of enactment of this Act, or 
more frequently if the Secretary determines an ad-
justment to be reasonable. 
(B) The Secretary shall provide claimants no-
tice of any adjustment made under this paragraph 
not later than July 1 of any year in which the ad-
justment is made. 
(C) A fee adjustment under this paragraph 
shall begin to apply the calendar year following the 
calendar year in which it is made. 
(4) Moneys received under this subsection that 
are not otherwise allocated for the administration of 
the mining laws by the Department of the Interior 
shall be deposited in the Locatable Minerals Fund 
established by this Act. 
(b) LOCATION.— 
(1) Notwithstanding any provision of law, for 
every unpatented mining claim, mill or tunnel site 
located after the date of enactment of this Act and 
before September 30, 1998, the locator shall, at the 
time the location notice is recorded with the Bureau 
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of Land Management, pay to the Secretary a loca-
tion fee, in addition to the fee required by subsection 
(a) of $50 per claim. 
(2) Moneys received under this subsection that 
are not otherwise allocated for the administration of 
the mining laws by the Department of the Interior 
shall be deposited in the Locatable Minerals Fund 
established by this Act. 
(c) CO-OWNERSHIP.—The co-ownership provisions of 
the Mining Law of 1872 (30 U.S.C. 28 et seq.) will remain 
in effect except that the annual claim maintenance fee, 
where applicable, shall replace applicable assessment re-
quirements and expenditures. 
(d) FAILURE TO PAY.—Failure to pay the claim 
maintenance fee as required by subsection (a) shall conclu-
sively constitute a forfeiture of the unpatented mining 
claim, mill or tunnel site by the claimant and the claim 
shall be deemed null and void by operation of law. 
(e) OTHER REQUIREMENTS.— 
(1) Nothing in this section shall change or mod-
ify the requirements of section 314(b) of the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1744(b)), or the requirements of section 
314(c) of the Federal Land Policy and Management 
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Act of 1976 (43 U.S.C. 1744(c)) related to filings 
required by section 314(b), which remain in effect. 
(2) Section 2324 of the Revised Statutes of the 
United States (30 U.S.C. 28) is amended by insert-
ing ‘‘or section 103(a) of the Hardrock Mining and 
Reclamation Act of 2009’’ after ‘‘Act of 1993’’. 
SEC. 104. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY 
OF CLAIMS. 
Timely payment of the claim maintenance fee re-
quired by section 103 of this Act or any related law relat-
ing to the use of Federal land, asserts the claimant’s au-
thority to use and occupy the Federal land concerned for 
prospecting and exploration, consistent with the require-
ments of this Act and other applicable law. 
TITLE II—PROTECTION OF 
SPECIAL PLACES 
SEC. 201. LANDS OPEN TO LOCATION. 
(a) LANDS OPEN TO LOCATION.—Except as provided 
in subsection (b), mining claims may be located under the 
general mining laws only on such lands and interests as 
were open to the location of mining claims under the gen-
eral mining laws immediately before the enactment of this 
Act. 
(b) LANDS NOT OPEN
TO LOCATION.—Notwith-
standing any other provision of law and subject to valid 
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existing rights, each of the following shall not be open to 
the location of mining claims under the general mining 
laws on or after the date of enactment of this Act: 
(1) Wilderness study areas. 
(2) Areas of critical environmental concern. 
(3) Areas designated for inclusion in the Na-
tional Wild and Scenic Rivers System pursuant to 
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
seq.), areas designated for potential addition to such 
system pursuant to section 5(a) of that Act (16 
U.S.C. 1276(a)), and areas determined to be eligible 
for inclusion in such system pursuant to section 5(d) 
of such Act (16 U.S.C. 1276(d)). 
(4) Any area identified in the set of inventoried 
roadless areas maps contained in the Forest Service 
Roadless Area Conservation Final Environmental 
Impact Statement, Volume 2, dated November 2000. 
(c) EXISTING AUTHORITY NOT AFFECTED.—Noth-
ing in this Act limits the authority granted the Secretary 
in section 204 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1714) to withdraw public 
lands. 
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SEC. 202. WITHDRAWAL PETITIONS BY STATES, POLITICAL 
SUBDIVISIONS, AND INDIAN TRIBES. 
(a) IN GENERAL.—Subject to valid existing rights, 
any State or political subdivision of a State or an Indian 
tribe may submit a petition to the Secretary for the with-
drawal of a specific tract of Federal land from the oper-
ation of the general mining laws, in order to protect spe-
cific values identified in the petition that are important 
to the State or political subdivision or Indian tribe. Such 
values may include the value of a watershed to supply 
drinking water, wildlife habitat value, cultural or historic 
resources, or value for scenic vistas important to the local 
economy, and other similar values. In the case of an In-
dian tribe, the petition may also identify religious or cul-
tural values that are important to the Indian tribe. The 
petition shall contain the information required by section 
204 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1714). 
(b) CONSIDERATION OF PETITION.—The Secretary— 
(1) shall solicit public comment on the petition; 
(2) shall make a final decision on the petition 
within 180 days after receiving it; and 
(3) shall grant the petition subject to valid ex-
isting rights, unless the Secretary makes and pub-
lishes in the Federal Register specific findings why 
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a decision to grant the petition would be against the 
national interest. 
TITLE 
III—ENVIRONMENTAL 
CONSIDERATIONS 
OF 
MIN-
ERAL EXPLORATION AND DE-
VELOPMENT 
SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON 
FEDERAL LAND. 
Notwithstanding section 302(b) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1732(b)), 
the first section of the Act of June 4, 1897 (chapter 2; 
30 Stat. 36 16 U.S.C. 478), and the National Forest Man-
agement Act of 1976 (16 U.S.C. 1600 et seq.), and in 
accordance with this title and applicable law, unless ex-
pressly stated otherwise in this Act, the Secretary— 
(1) shall ensure that mineral activities on any 
Federal land that is subject to a mining claim, mill-
site claim, or tunnel site claim is carefully controlled 
to prevent undue degradation of public lands and re-
sources; and 
(2) shall not grant permission to engage in min-
eral activities if the Secretary, after considering the 
evidence, makes and publishes in the Federal Reg-
ister a determination that undue degradation would 
result from such activities. 
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SEC. 302. PERMITS. 
(a) PERMITS REQUIRED.—No person may engage in 
mineral activities on Federal land that may cause a dis-
turbance of surface resources, including but not limited 
to land, air, ground water and surface water, and fish and 
wildlife, unless— 
(1) the claim was properly located under the 
general mining laws and maintained in compliance 
with such laws and this Act; 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 
Federal land. 
(c) COORDINATION WITH NEPA PROCESS.—To the 
extent practicable, the Secretary and the Secretary of Ag-
riculture shall conduct the permit processes under this Act 
in coordination with the timing and other requirements 
under section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332). 
SEC. 303. EXPLORATION PERMIT. 
(a) AUTHORIZED
EXPLORATION
ACTIVITY.—Any 
claim holder may apply for an exploration permit for any 
mining claim authorizing the claim holder to remove a rea-
sonable amount of the locatable minerals from the claim 
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for analysis, study and testing. Such permit shall not au-
thorize the claim holder to remove any mineral for sale 
nor to conduct any activities other than those required for 
exploration for locatable minerals and reclamation. 
(b) PERMIT APPLICATION REQUIREMENTS.—An ap-
plication for an exploration permit under this section shall 
be submitted in a manner satisfactory to the Secretary 
or, for National Forest System lands, the Secretary of Ag-
riculture, and shall contain an exploration plan, a reclama-
tion plan for the proposed exploration, and such docu-
mentation as necessary to ensure compliance with applica-
ble Federal and State environmental laws and regulations. 
(c) RECLAMATION PLAN REQUIREMENTS.—The rec-
lamation plan required to be included in a permit applica-
tion under subsection (b) shall include such provisions as 
may be jointly prescribed by the Secretary and the Sec-
retary of Agriculture. 
(d) PERMIT ISSUANCE OR DENIAL.—The Secretary, 
or for National Forest System lands, the Secretary of Ag-
riculture, shall issue an exploration permit pursuant to an 
application under this section unless such Secretary makes 
any of the following determinations: 
(1) The permit application, the exploration plan 
and reclamation plan are not complete and accurate. 
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(2) The applicant has not demonstrated that 
proposed reclamation can be accomplished. 
(3) The proposed exploration activities and con-
dition of the land after the completion of exploration 
activities and final reclamation would not conform 
with the land use plan applicable to the area subject 
to mineral activities. 
(4) The area subject to the proposed permit is 
included within an area not open to location under 
section 201. 
(5) The applicant has not demonstrated that 
the exploration plan and reclamation plan will be in 
compliance with the requirements of this Act and all 
other applicable Federal requirements, and any 
State requirements agreed to by the Secretary of the 
Interior (or Secretary of Agriculture, as appro-
priate). 
(6) The applicant has not demonstrated that 
the requirements of section 306 (relating to financial 
assurance) will be met. 
(7) The applicant is eligible to receive a permit 
under section 305. 
(e) TERM OF PERMIT.—An exploration permit shall 
be for a stated term. The term shall be no greater than 
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that necessary to accomplish the proposed exploration, 
and in no case for more than 10 years. 
(f) PERMIT MODIFICATION.—During the term of an 
exploration permit the permit holder may submit an appli-
cation to modify the permit. To approve a proposed modi-
fication to the permit, the Secretary concerned shall make 
the same determinations as are required in the case of 
an original permit, except that the Secretary and the Sec-
retary of Agriculture may specify by joint rule the extent 
to which requirements for initial exploration permits under 
this section shall apply to applications to modify an explo-
ration permit based on whether such modifications are 
deemed significant or minor. 
(g) 
TRANSFER, 
ASSIGNMENT, 
OR
SALE
OF 
RIGHTS.—(1) No transfer, assignment, or sale of rights 
granted by a permit issued under this section shall be 
made without the prior written approval of the Secretary 
or for National Forest System lands, the Secretary of Ag-
riculture. 
(2) Such Secretary shall allow a person holding a per-
mit to transfer, assign, or sell rights under the permit to 
a successor, if the Secretary finds, in writing, that the suc-
cessor— 
(A) is eligible to receive a permit in accordance 
with section 304(d); 
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(B) has submitted evidence of financial assur-
ance satisfactory under section 306; and 
(C) meets any other requirements specified by 
the 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 in such amount as may be established by such 
Secretary. Such amount shall be equal to the actual or 
anticipated cost to the Secretary or the Secretary of Agri-
culture, as appropriate, of reviewing and approving or dis-
approving such transfer, assignment, or sale, as deter-
mined by the Secretary of the Interior. 
SEC. 304. OPERATIONS PERMIT. 
(a) OPERATIONS PERMIT.—(1) Any claim holder that 
is in compliance with the general mining laws and section 
103 of this Act may apply to the Secretary, or for National 
Forest System lands, the Secretary of Agriculture, for an 
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operations permit authorizing the claim holder to carry 
out mineral activities, other than casual use, on— 
(A) any valid mining claim, valid millsite claim, 
or valid tunnel site claim; and 
(B) such additional Federal land as the Sec-
retary may determine is necessary to conduct the 
proposed mineral activities, if the operator obtains a 
right-of-way permit for use of such additional lands 
under title V of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1761 et seq.) and 
agrees to pay all fees required under that title for 
the permit under that title. 
(2) If the Secretary decides to issue such permit, the 
permit shall include such terms and conditions as pre-
scribed 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 site characterization data, an 
operations plan, a reclamation plan, monitoring plans, 
long-term maintenance plans, to the extent necessary, and 
such documentation as necessary to ensure compliance 
with applicable Federal and State environmental laws and 
regulations. If the proposed mineral activities will be car-
ried out in conjunction with mineral activities on adjacent 
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non-Federal lands, information on the location and nature 
of such operations may be required by the Secretary. 
(c) PERMIT ISSUANCE OR DENIAL.—(1) After pro-
viding for public participation pursuant to subsection (i), 
the Secretary, or for National Forest System lands the 
Secretary of Agriculture, shall issue an operations permit 
if such Secretary makes each of the following determina-
tions in writing, and shall deny a permit if such Secretary 
finds that the application and applicant do not fully meet 
the following requirements: 
(A) The permit application, including the site 
characterization data, operations plan, and reclama-
tion plan, are complete and accurate and sufficient 
for developing a good understanding of the antici-
pated impacts of the mineral activities and the effec-
tiveness of proposed mitigation and control. 
(B) The applicant has demonstrated that the 
proposed reclamation in the operation and reclama-
tion plan can be and is likely to be accomplished by 
the applicant and will not cause undue degradation. 
(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, will conform to the land use plan appli-
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cable to the area subject to mineral activities and 
are returned to a productive use. 
(D) The area subject to the proposed plan is 
open to location for the types of mineral activities 
proposed. 
(E) The proposed operation has been designed 
to prevent material damage to the hydrologic bal-
ance outside the permit area. 
(F) The applicant will fully comply with the re-
quirements of section 306 (relating to financial as-
surance) prior to the initiation of operations. 
(G) Neither the applicant nor operator, nor any 
subsidiary, affiliate, or person controlled by or under 
common control with the applicant or operator, is in-
eligible to receive a permit under section 305. 
(H) The reclamation plan demonstrates that 10 
years following mine closure, no treatment of surface 
or ground water for carcinogens or toxins will be re-
quired to meet water quality standards at the point 
of discharge. 
(2) With respect to any activities specified in the rec-
lamation plan referred to in subsection (b) that constitutes 
a removal or remedial action under section 101 of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the 
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Secretary shall consult with the Administrator of the En-
vironmental Protection Agency prior to the issuance of an 
operations permit. The Administrator shall ensure that 
the reclamation plan does not require activities that would 
increase the costs or likelihood of removal or remedial ac-
tions under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.) or corrective actions under the Solid Waste Dis-
posal Act (42 U.S.C. 6901 et seq.). 
(d) TERM OF PERMIT; RENEWAL.— 
(1) An operations permit— 
(A) shall be for a term that is no longer 
than the shorter of— 
(i) the period necessary to accomplish 
the proposed mineral activities subject to 
the permit; and 
(ii) 20 years; and 
(B) shall be renewed for an additional 20- 
year period if the operation is in compliance 
with the requirements of this Act and other ap-
plicable law. 
(2) Failure by the operator to commence min-
eral activities within 2 years of the date scheduled 
in an operations permit shall require a modification 
of the permit if the Secretary concerned determines 
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that modifications are necessary to comply with sec-
tion 201. 
(e) PERMIT MODIFICATION.— 
(1) During the term of an operations permit 
the operator may submit an application to modify 
the permit (including the operations plan or rec-
lamation plan, or both). 
(2) The Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, may, at any 
time, require reasonable modification to any oper-
ations plan or reclamation plan upon a determina-
tion that the requirements of this Act cannot be met 
if the plan is followed as approved. Such determina-
tion shall be based on a written finding and subject 
to public notice and hearing requirements estab-
lished by the Secretary concerned. 
(3) A permit modification is required before 
changes are made to the approved plan of oper-
ations, or if unanticipated events or conditions exist 
on the mine site, including in the case of— 
(A) development of acid or toxic drainage; 
(B) loss of springs or water supplies; 
(C) water quantity, water quality, or other 
resulting water impacts that are significantly 
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