II
103D CONGRESS
1ST SESSION H.R. 322
IN THE SENATE OF THE UNITED STATES
NOVEMBER 20 (legislative day, NOVEMBER 2), 1993
Received
AN ACT
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 1993’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions and references.
TITLE I—MINERAL EXPLORATION AND DEVELOPMENT
Sec. 101. Lands open to location.
Sec. 102. Rights under this act.
Sec. 103. Location of mining claims.
Sec. 104. Conversion of existing claims.
Sec. 105. Claim maintenance requirements.
Sec. 106. Failure to comply.
Sec. 107. Basis for contest.
TITLE II—ENVIRONMENTAL CON-SIDERATIONS OF MINERAL EX-
PLORATION AND DEVELOPMENT
Sec. 201. Surface management standard.
Sec. 202. Permits.
Sec. 203. Exploration permits.
Sec. 204. Operations permit.
Sec. 205. Persons ineligible for permits.
Sec. 206. Financial assurance.
Sec. 207. Reclamation.
Sec. 208. State law and regulation.
Sec. 209. Unsuitability review.
Sec. 210. Certain mineral activities covered by other law.
TITLE III—ABANDONED LOCAT-ABLE 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.
Sec. 306. Royalty.
TITLE IV—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
SUBTITLE A—ADMINISTRATIVE PROVISIONS
Sec. 401. Policy functions.
Sec. 402. User fees.
Sec. 403. Public participation requirements.
Sec. 404. Inspection and monitoring.
Sec. 405. Citizens suits.
Sec. 406. Administrative and judicial review.
Sec. 407. Enforcement.
Sec. 408. Regulations; effective dates.
SUBTITLE B—MISCELLANEOUS PROVISIONS
Sec. 411. Transitional rules; surface management requirements.
Sec. 412. 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. Limitation on patent issuance.
Sec. 418. Multiple mineral development and surface resources.
Sec. 419. Mineral materials.
Sec. 420. Application of Act to beneficiation and processing of nonFederal min-
erals on Federal lands.
Sec. 421. Compliance with Buy American Act.
Sec. 422. Sense of Congress.
Sec. 423. Prohibition of Contract.
Sec. 424. Severability.
Sec. 425. Award of Compensation for takings from Fund.
Sec. 426. Report to Congress on mining claims in the United States held by
foreign firms.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds and declares the fol-
lowing:
(1) The general mining laws, commonly re-
ferred to as the Mining Law of 1872, at one time
promoted the development of the West and provided
a framework for the exploitation of Federal mineral
resources.
(2) Congress recognized that the public interest
was no longer being advanced under the Mining Law
of 1872 when, in 1920, it removed energy minerals
and minerals chiefly valuable for agricultural use,
and in 1955, removed common varieties of mineral
materials, from the scope of the general mining laws
and made such minerals available under regimes
which provide for a financial return to the public for
the disposition of such minerals and which better
safeguard the environment.
(3) The Mining Law of 1872 no longer fosters
the efficient and diligent development of those min-
eral resources still under its scope, giving rise to
speculation and nonmining uses of lands chiefly val-
uable for minerals.
(4) The Mining Law of 1872 does not provide
for a financial return to the American people for use
by claim holders of public domain lands or for the
disposition of valuable mineral resources from such
lands.
(5) The Mining Law of 1872 continues to
transfer lands valuable for mineral resources from
the public domain to private ownership for less than
the fair market value of such lands and mineral re-
sources.
(6) There are a substantial number of acres of
land throughout the Nation disturbed by mining ac-
tivities conducted under the Mining Law of 1872 on
which little or no reclamation was conducted, and
the impacts from these unreclaimed lands pose a
threat to the public health, safety, and general wel-
fare and to environmental quality.
(7) Activities under the Mining Law of 1872
continue to result in disturbances of surface areas
and water resources which burden and adversely af-
grounded on the retention of public domain lands
under the principles of multiple use.
(12) Mining and reclamation technology is now
developed so that effective and reasonable regulation
of operations by the Federal Government in accord-
ance with this Act is an appropriate and necessary
means to minimize so far as practicable the adverse
social, economic and environmental effects of such
mining operations.
(13) Mining activities on public domain lands
affect interstate commerce, contribute to the eco-
nomic well-being, security and general welfare of the
Nation and should be conducted in an environ-
mentally sound manner.
(14) It is necessary that any revision of the
general mining laws insure that a domestic supply of
hardrock minerals be made available to the domestic
economy of the United States.
(15) America’s economy still depends heavily on
hardrock minerals and a strong environmentally
sound mining industry is critical to the domestic
minerals supply.
(16) Many of the deposits of hardrock minerals
remain to be discovered on the Federal public do-
main.
(17) Private enterprise must be given adequate
incentive to engage in a capital-intensive industry
such as hardrock mining.
(18) The United States, as owner of the public
domain, has a dual interest in insuring a fair return
for mining on the public domain and insuring that
any royalty and fees charged do not discourage es-
sential mining activity on the public domain.
(19) The domestic mining industry provides
thousands of jobs directly and indirectly to the do-
mestic economy and those jobs must be preserved
and encouraged by a sound Federal policy regarding
mining on Federal lands.
(b) PURPOSE.—It is the purpose of this Act—
(1) to devise a more socially, fiscally and envi-
ronmentally responsible regime to govern the use of
public domain lands for the exploration and develop-
ment of those minerals not subject to mineral leas-
ing acts or mineral materials statutes;
(2) to provide for a fair return to the public for
the use of public domain lands for mineral activities
and for the disposition of minerals from such lands;
(3) to foster the diligent development of mineral
resources on public domain lands in a manner that
is compatible with other resource values and envi-
ronmental quality;
(4) to promote the restoration of mined areas
left without adequate reclamation prior to the enact-
ment of this Act and which continue, in their
unreclaimed condition, to substantially degrade the
quality of the environment, prevent the beneficial
use of land or water resources, and endanger the
health and safety of the public;
(5) to assure that appropriate procedures are
provided for public participation in the development,
revision and enforcement of regulations, standards
and programs established under this Act; and
(6) to, whenever necessary, exercise the full
reach of Federal constitutional powers to ensure the
protection of the public interest through the effective
control of mineral exploration and development ac-
tivities.
SEC. 3. 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 individ-
ual or held by an Indian tribe or individual subject
to a restriction by the United States against alien-
ation.
(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 et seq.), which is recognized as
eligible for the special programs and services pro-
vided by the United States to Indians because 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).
(16) The term ‘‘operator’’ means any person,
conducting mineral activities subject to this Act or
any agent of such a person.
(17) 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.
(18) 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.
(19) The term ‘‘Secretary’’ means the Secretary
of the Interior, unless otherwise specified.
(20) 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.
(B) Lands being managed by the Sec-
retary, acting through Bureau of Land Manage-
ment, as wilderness study areas on the date of
enactment of this Act except where the location
of mining claims is specifically allowed to con-
tinue by the statute designating the study area,
pending a final determination by the Congress
of the status of such lands.
(C)(i) Lands 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 Congress of the status of
such lands, and (ii) lands determined by a Fed-
eral agency under section 5(d) of such Act to
be eligible for inclusion in such system, pending
a final determination by the Congress of the
status of such lands.
(D) Lands withdrawn from mineral activi-
ties under authority of other law.
(2) DEFINITION.—(A) As used in this sub-
section, the term ‘‘valid existing rights’’ refers to a
mining claim located on lands described in para-
graph (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, 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 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 enact-
ment 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), such term means the date of the en-
actment of the amendment to the Wild and Sce-
nic Rivers Act listing the river segment for
study and for lands referred to in paragraph
(1)(C)(ii), such term means the date of the eli-
gibility 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 or converted
under this Act 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 activi-
ties, 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 mineral
activities of lands to the satisfaction of the Secretary. In
cases where an area is determined unsuitable under sec-
tion 209, holders of claims converted or located under this
Act shall be entitled to receive a refund of claim mainte-
nance fees.
SEC. 103. LOCATION OF MINING CLAIMS.
(a) GENERAL RULE.—A person may locate a mining
claim covering lands open to the location of mining claims
by posting a notice of location, containing the person’s
name and address, the time of location (which shall be
the date and hour of location and posting), and a legal
description of the claim. The notice of location shall be
posted on a suitable, durable monument erected as near
as practicable to the northeast corner of the mining claim.
No person who is not a citizen of the United States, or
a corporation organized under the laws of the United
States or of any State or the District of Columbia may
locate or hold a claim under this Act. On or after the en-
actment of this Act, a mining claim for a locatable mineral
on lands open to location—
(1) may be located only in accordance with this
Act,
(2) may be maintained only as provided in this
Act, and
(3) shall be subject to the requirements of this
Act.
(b) USE OF PUBLIC LAND SURVEY.—Except as pro-
vided in subsection (c), each mining claim located under
this Act shall (1) be located in accordance with the public
land survey system, and (2) conform to the legal subdivi-
sions thereof. Except as provided in subsection (c)(1), the
legal description of the mining claim shall be based on the
public land survey system and its legal subdivisions.
(c) EXCEPTIONS.—(1) If only a protracted survey ex-
ists for the public lands concerned, each of the following
shall apply in lieu of subsection (b):
(A) The legal description of the mining claim
shall be based on the protracted survey and the min-
ing claim shall be located as near as practicable in
conformance with a protracted legal subdivision.
(B) The mining claim shall be monumented on
the ground by the erection of a suitable, durable
monument at each corner of the claim.
(C) The legal description of the mining claim
shall include a reference to any existing survey
monument, or where no such monument can be
found within a reasonable distance, to a permanent
and conspicuous natural object.
(2) If no survey exists for the public lands concerned,
each of the following shall apply in lieu of subsection (b):
(A) The mining claim shall be a regular square,
with each side laid out in cardinal directions, 40
acres in size.
(B) The claim shall be monumented on the
ground by the erection of a suitable durable monu-
ment at each corner of the claim.
(C) The legal description of the mining claim
shall be expressed in metes and bounds and shall be
defined by and referenced to the closest existing sur-
vey monument, or where no such monument can be
found within a reasonable distance, to a permanent
and conspicuous natural object. Such description
shall be of sufficient accuracy and completeness to
permit recording of the claim upon the public land
records and to permit the claim to be readily found
upon the ground.
(3) In the case of a conflict between the boundaries
of a mining claim as monumented on the ground and the
description of such claim in the notice of location referred
to in subsection (a), the notice of location shall be deter-
minative, except where determined otherwise by the Sec-
retary.
(d) FILING WITH SECRETARY.—(1) Within 30 days
after the location of a mining claim pursuant to this sec-
tion, a copy of the notice of location referred to in sub-
section (a) shall be filed with the Secretary in an office
designated by the Secretary.
(2)(A) Whenever the Secretary receives a copy of a
notice of location of a mining claim under this Act, the
Secretary shall assign a serial number to the mining claim,
and immediately return a copy of the notice of location
to the locator of the claim, together with a certificate set-
ting forth the serial number, a description of the claim,
and the claim maintenance requirements of section 105.
The Secretary shall enter the claim on the public land
records.
(B) Return of the copy of the notice of location and
provision of the certificate under subparagraph (A) shall
not constitute a determination by the Secretary that a
claim is valid. Failure by the Secretary to provide such
copy and certificate shall not constitute a defense against
cancellation of a claim for failure to follow applicable re-
quirements of this Act.
(3) Notwithstanding any other provision of law, for
every unpatented mining claim located after the date of
enactment of this Act, the locator shall, at the time the
location notice is recorded with the Bureau of Land Man-
agement, pay a location fee of $25.00 per claim. The loca-
tion fee shall be in addition to the claim maintenance fee
payable under section 105.
(4) Subsections (b) and (c) of section 314 of the Fed-
eral Land Policy and Management Act of 1976 (43 U.S.C.
1744(b)) are repealed.
(e) CONVERTED CLAIMS.—For mining claims and
mill sites deemed converted under this Act, for the pur-
poses of complying with the requirements of subsection
(d), upon receipt of the initial claim maintenance fee re-
quired under section 105, the Secretary shall issue a cer-
tificate referenced in subsection (d)(2) to the holder of the
mining claim or mill site.
(f) DATE OF LOCATION.—A mining claim located
under this Act shall be effective based upon the time of
location.
(g) LANDS COVERED BY CLAIM.—A mining claim lo-
cated or converted under this Act shall include all lands
and interests in lands open to location within the bound-
aries of the claim, subject to any prior mining claim lo-
cated or converted under this Act.
(h) CONFLICTING LOCATIONS.—Any conflicts be-
tween the holders of mining claims located or converted
under this Act relating to relative superiority under the
provisions of this Act may be resolved in adjudication pro-
ceedings in a court with proper jurisdiction, including, as
appropriate, State courts. It shall be incumbent upon the
holder of a mining claim asserting superior rights in such
proceedings to demonstrate that such person was the sen-
ior locator, or if such person is the junior locator, that
prior to the location of the claim by such locator—
(1) the senior locator failed to file a copy of the
notice of location within the time provided under
subsection (d); or
(2) the amount of claim maintenance fee paid
by the senior locator at the time of filing the loca-
tion notice referred to in subsection (d) was less
than the amount required to be paid by such locator.
(i) EXTENT OF MINERAL DEPOSIT.—The boundaries
of a mining claim located under this Act shall extend verti-
cally downward.
SEC. 104. CONVERSION OF EXISTING CLAIMS.
(a) EXISTING CLAIMS.—Notwithstanding any other
provision of law, on the effective date of this Act any
unpatented mining claim for a locatable mineral located
under the general mining laws prior to the date of enact-
ment of this Act shall become subject to this Act’s provi-
sions and shall be deemed a converted mining claim under
this Act. Nothing in this Act shall be construed to affect
extralateral rights in any valid lode mining claim existing
on the date of enactment of this Act. After the effective
date of this Act, there shall be no distinction made as to
whether such claim was originally located as a lode or
placer claim.
(b) MILL AND TUNNEL SITES.—On the effective date
of this Act, any unpatented mill or tunnel site located
under the general mining laws before the date of enact-
ment of this Act shall become subject to this Act’s provi-
sions and shall be deemed a converted mining claim under
this Act.
(c) POSTCONVERSION.—Any unpatented mining
claim or mill site located under the general mining laws
shall be deemed to be a prior claim for the purposes of
section 103(g) when converted pursuant to subsection (a)
or (b).
(d) DISPOSITION OF LAND.—In the event a mining
claim is located under this Act for lands encumbered by
a prior mining claim or mill site located under the general
mining laws, such lands shall become part of the claim
located under this Act if the claim or mill site located
under the general mining laws is declared null and void
under this section or is otherwise declared null and void
thereafter.
(e) CONFLICTS.—(1) Any conflicts in existence before
the effective date of this Act between holders of mining
claims, mill sites and tunnel sites located under the gen-
eral mining laws shall be subject to, and shall be resolved
in accordance with, applicable laws governing such con-
flicts in effect before the effective date of enactment of
this Act in a court of proper jurisdiction.
(2) Any conflicts not relating to matters provided for
under section 103(h) between the holders of a mining
claim located under this Act and a mining claim, mill, or
tunnel site located under the general mining laws arising
either before or after the conversion of any such claim or
site under this section shall be resolved in a court with
proper jurisdiction.
SEC. 105. CLAIM MAINTENANCE REQUIREMENTS.
(a) IN GENERAL.—(1) The holder of each mining
claim converted pursuant to this Act shall pay to the Sec-
retary an annual claim maintenance fee of $100 per claim.
(2) The holder of each mining claim located pursuant
to this Act shall pay to the Secretary an annual claim
maintenance fee of $200 per claim.
(b) TIME OF PAYMENT.—The claim maintenance fee
payable pursuant to subsection (a) for any year shall be
paid on or before August 31 of each year, except that in
the case of claims referred to in subsection (a)(2), for the
initial calendar year in which the location is made, the
locator shall pay the initial claim maintenance fee at the
time the location notice is recorded with the Bureau of
Land Management.
(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 (Public Law 102–486;
106 Stat. 3111; 30 U.S.C. 242).
(d) CLAIM MAINTENANCE FEES PAYABLE UNDER
1993 ACT.—The claim maintenance fees payable under
this section for any period with respect to any claim shall
be reduced by the amount of the claim maintenance fees
paid under section 10101 of the Omnibus Budget Rec-
onciliation Act of 1993 with respect to that claim and with
respect to the same period.
(e) WAIVER.—(1) The claim maintenance fee re-
quired under this section may be waived for a claim holder
who certifies in writing to the Secretary that on the date
the payment was due, the claim holder and all related par-
ties held not more than 10 mining claims on lands open
to location. Such certification shall be made on or before
the date on which payment is due.
(2) For purposes of paragraph (1), with respect to
any claim holder, the term ‘‘related party’’ means each
of the following:
(A) The spouse and dependent children (as de-
fined in section 152 of the Internal Revenue Code of
1986), of the claim holder.
(B) Any affiliate of the claim holder.
(f) CO-OWNERSHIP.—Upon the failure of any one or
more of several co-owners to contribute such co-owner or
owners’ portion of the fee under this section, any co-owner
who has paid such fee may, after the payment due date,
give the delinquent co-owner or owners notice of such fail-
ure 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-owner fails or refuses
to contribute his portion, his interest in the claim shall
become the property of the co-owners who have paid the
required fee.
(g) FUND.—All monies received under this section
shall be deposited in the Abandoned Locatable Minerals
Mine Reclamation Fund established under title III of this
Act.
(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 306 for the same period with respect to that claim.
SEC. 106. FAILURE TO COMPLY.
(a) FORFEITURE.—The failure of the claim holder to
file the notice of location, to pay the location fee, or to
pay the claim maintenance fee for a mining claim as re-
quired by this title shall be deemed conclusively to con-
stitute 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 1 year 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 207 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. 107. BASIS FOR CONTEST.
(a) DISCOVERY.—(1) After the effective date of this
Act, a mining claim may not be contested or challenged
on the basis of discovery under the general mining laws,
except as follows:
(A) Any claim located before the effective date
of this Act may be contested by the United States
on the basis of discovery under the general mining
laws as in effect prior to the effective date of this
Act if such claim is located within any National
Conservation System unit, or within any area re-
ferred to in section 101(b).
(B) Any mining claim located before the effec-
tive date of this Act may be contested by the United
States on the basis of discovery under the general
mining laws as in effect prior to the effective date
of this Act if such claim was located for a mineral
material that purportedly has a property giving it
distinct and special value within the meaning of sec-
tion 3(a) of the Act of July 23, 1955 (as in effect
prior to the date of enactment of this Act), or if
such claim was located for a mineral that was not
locatable under the general mining laws before the
effective date of this Act.
(2) The Secretary may initiate contest proceedings
against those mining claims referred to in paragraph (1)
at any time, except that nothing in this subsection may
be construed as requiring the Secretary to inquire into,
or contest, the validity of a mining claim for the purpose
of the conversion referred to in section 104, except as pro-
vided in section 412.
(3) Nothing in this subsection may be construed as
limiting any contest proceedings initiated by the United
States on issues other than discovery, or any contest pro-
ceedings filed before the effective date of this Act.
(4) Any contest proceeding initiated pursuant to
paragraph (1) shall determine whether the mining claim
or claims subject to such proceeding supported a discovery
of a valuable mineral deposit within the meaning of the
general mining laws on the effective date of this Act.
(b) CONTINUED SUFFICIENCY OF MINING CLAIM.—
(1) At any time, upon request of the Secretary, the claim
holder shall demonstrate that the continued retention of
a mining claim located or converted under this Act is ex-
clusively related to mineral activities at the site.
(2) Where the Secretary requests demonstration of
the continuing sufficiency of any mining claim under this
section, the claim holder shall have the burden of showing
each of the following:
(A) The lands or interests in lands included in
the mining claim are not used predominantly for rec-
reational, residential or other purposes rather than
for mineral activities and are being held in good
faith for the ultimate exploration for, development
of, or production of locatable minerals, as dem-
onstrated by the claimholder or his or her assigns
through showings satisfactory to the Secretary.
(B) The claim holder or operator does not re-
strict access to the lands or interests in lands in-
cluded in the mining claim in a manner that is not
required for mineral activities.
(C) The mineral being or to be mined on the
mining claim is a locatable mineral (unless such
lands are used for beneficiation or processing).
(D) The claim holder or operator has not con-
structed, improved, maintained or used a structure
located on a mining claim in a manner not specifi-
cally authorized by the Secretary in accordance with
this Act.
(3) Any mining claim for which the claim holder fails
to demonstrate continued sufficiency, in the determination
of the Secretary, pursuant to subsection (b) of this section,
shall thereupon be deemed forfeited and be declared null
and void.
(c) REMEDIES.—(1) The Secretary may assess a civil
penalty of not more than $5,000 per claim against the
claimholder upon declaring a mining claim null and void
pursuant to subsection (b) of this section.
(2) Upon declaring a mining claim null and void pur-
suant to subsection (b), the Secretary shall provide a rea-
sonable opportunity for the mining claim holder or opera-
tor to remove any real or personal property which such
person had previously placed upon the claim. If the prop-
erty is not removed within the time provided, the Sec-
retary may retain the property or provide for its disposi-
tion or destruction.
(d) OTHER LAW.—The Secretary shall take such ac-
tions as may be necessary to ensure the compliance by
claim holders with section 4 of the Act of July 23, 1955
(30 U.S.C. 612), consistent with this section.
TITLE II—ENVIRONMENTAL CON-
SIDERATIONS 
OF 
MINERAL
EXPLORATION AND DEVELOP-
MENT
SEC. 201. SURFACE MANAGEMENT STANDARD.
Notwithstanding the last sentence of section 302(b)
of the Federal Land Policy and Management Act of 1976,
and in accordance with this title and other applicable law,
the Secretary, and for National Forest System lands the
Secretary of Agriculture, shall require that mineral activi-
ties on Federal lands conducted by any person 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, fish, wild-
life, and biota 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 related to exploration, or
gathering of data, required to comply with section 203 or
204 that cause a negligible disturbance of surface re-
sources and do not involve any of the following:
(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.
(3) The construction of roads, drill pads, or the
use of toxic or hazardous materials.
Persons engaging in such activities shall provide prior
written notice. The Secretary and the Secretary of Agri-
culture may provide, by joint regulations the manner in
which such notice shall be provided.
(c) WAIVER OF THE SOVEREIGN IMMUNITY OF IN-
DIAN TRIBES.—The Secretary is authorized to require In-
dian tribes to waive sovereign immunity as a condition of
obtaining a permit under this Act.
SEC. 203. EXPLORATION PERMITS.
(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
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, such documenta-
tion as necessary to ensure compliance with applicable
Federal and State environmental laws and regulations,
and each of the following:
(1) 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.
(2) A statement of whether any person referred
to in subparagraphs (A) through (C) of paragraph
(1) is currently in violation of, or was, during the 3-
year period preceding the date of the application,
found to be in violation of, any of the following and,
if so, a brief explanation of the facts involved, in-
cluding identification of the site and nature of the
violation:
(A) Any provision of this Act or any regu-
lation under this Act.
(B) Any 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.
(C) The Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1201 and fol-
lowing) or any regulation under that Act at any
site where surface coal mining operations have
occurred or are occurring.
(3) A description of the type and method of ex-
ploration activities proposed, the engineering tech-
niques proposed to be used and the equipment pro-
posed to be used.
(4) The anticipated starting and termination
dates of each phase of the exploration activities pro-
posed, including any planned temporary cessation of
exploration.
(5) A map, to an appropriate scale, clearly
showing the land to be affected by the proposed ex-
ploration.
(6) Information determined necessary by the
Secretary concerned to assess the cumulative im-
pacts, as required to comply with the National Envi-
ronmental Policy Act.
(7) Evidence of appropriate financial assurance
as specified in section 206.
(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 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 exploration activities.
(2) A description of reclamation measures pro-
posed pursuant to the requirements of section 207.
(3) The engineering techniques to be used in
reclamation and the equipment proposed 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.
(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 if such Secretary makes
each of the following determinations, and such Secretary
shall deny a permit which he or she finds does not fully
meet the requirements of this subsection:
(1) The permit application, the exploration plan
and reclamation plan are complete and accurate.
(2) The applicant has demonstrated that pro-
posed 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 conform with
the land use plan applicable to the area subject to
mineral activities.
(4) The area subject to the proposed permit is
not included within an area designated unsuitable
under section 209 or not open to location under sec-
tion 101(b) for the types of exploration activities
proposed.
(5) The applicant has demonstrated that the
exploration plan and reclamation plan will be in
compliance with the requirements of this Act and all
other applicable Federal requirements, and any
State requirements agreed to by the Secretary of the
Interior (or Secretary of Agriculture, as appropriate)
pursuant to a cooperative agreement under section
208.
(6) The applicant has fully complied with the
requirements of section 206 (relating to financial as-
surance).
(e) TERM OF PERMIT.—An exploration permit shall
be for a stated term. The term shall be no greater than
that necessary to accomplish the proposed exploration,
and in no case for more than 5 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) FEES.—Each application for a permit pursuant
to this section shall be accompanied by a fee payable to
the Secretary of the Interior in such amount as may be
established by the Secretary of the Interior. Such amount
shall be equal to the actual or anticipated cost to the Sec-
retary or the Secretary of Agriculture, as the case may
be, of reviewing, administering, and enforcing such permit,
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 of this Act.
(h) 
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 may 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 205;
(B) has submitted evidence of financial assur-
ance satisfactory under section 206; 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. All moneys re-
ceived under this subsection shall be deposited in the
Abandoned Locatable Minerals Mine Reclamation Fund
established under title III of this Act.
SEC. 204. 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. 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) 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) at 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.
(2) A statement of whether a person referred to
in subparagraphs (A) through (D) of paragraph (1)
is currently in violation of, or was, during the 3-year
period preceding the date of application, found to be
in violation of, any of the following and if so, a brief
explanation of the facts involved, including identi-
fication of the site and the nature of the violation:
(A) Any provision of this Act or any regu-
lation under this Act.
(B) Any 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.
(C) The Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1201 and fol-
lowing) or any regulation under that Act at any
site where surface coal mining operations have
occurred or are occurring.
(3) A statement of any current or previous per-
mits or plans of operations issued under the Surface
Mining Control and Reclamation Act or the Federal
Land Policy and Management Act.
(4) 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.
(5) The anticipated starting and termination
dates of each phase of the mineral activities pro-
posed, including any planned temporary cessation of
operations.
(6) 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.
(7) A description of the biological resources in
or associated with the area subject to mineral activi-
ties, including vegetation, fish and wildlife, riparian
and wetland habitats.
(8) 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 process-
ing materials; or maintenance of all facilities in a
condition that is not harmful to fish and wildlife.
(9) A description of the quantity and quality of
surface and ground water resources in or associated
with the area subject to mineral activities, based on
pre-disturbance monitoring sufficient to establish
seasonal variations.
(10) 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.
(11) 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 and to monitor the ef-
fects of mineral activities on the site and surround-
ing environment, including but not limited to,
ground water, surface water, air, soils, and fish and
wildlife resources.
(12) 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.
(13) Any measures to comply with any condi-
tions on minerals activities that may be required in
the applicable land use plan or any condition stipu-
lated pursuant to section 209.
(14) 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.
(15) Such other environmental baseline data as
the Secretaries, by joint regulation, shall require suf-
ficient to validate the determinations required for is-
suance of a permit under this Act.
(16) Evidence of appropriate financial assur-
ance as specified in section 206.
(17) A description of the site security provisions
designed to protect from theft the locatable min-
erals, concentrates or products derived therefrom
which will be produced or stored on a mining claim.
(18) A full characterization of soils and geology
in the area to be affected by mineral activities.
(19) A copy of the applicant’s advertisement to
be published as required by section 403 (relating to
public participation).
(c) RECLAMATION PLAN APPLICATION REQUIRE-
MENTS.—The reclamation plan referred to in subsection
(b) shall include such reclamation measures as prescribed
by the Secretary, or for National Forest System lands the
Secretary of Agriculture, 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 reclamation measures pro-
posed pursuant to the requirements of section 207.
(3) The engineering techniques to be used in
reclamation and the equipment proposed 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, the Secretary, or for National Forest System
lands the Secretary of Agriculture, shall issue an oper-
ations permit if such Secretary makes each of the follow-
ing 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 reclamation plan can be
accomplished.
(C) The proposed mineral activities and condi-
tion of the land, including the fish and wildlife re-
sources and habitat contained thereon, after the
completion of mineral activities and final reclama-
tion conform to the land use plan applicable to the
area subject to mineral activities.
(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 demonstrated that the
mineral activities will be in compliance with this Act
and all other applicable Federal requirements, and
any State requirements agreed to by the appropriate
Secretary pursuant to cooperative agreements under
section 208.