(b) PERMIT APPLICATION REQUIREMENTS.—An appli-
cation for an operations permit under this section shall be 
submitted in a manner satisfactory to the Secretary con-
cerned and shall contain site characterization data, an op-
erations plan, a reclamation plan, monitoring plans, long- 
term maintenance plans, to the extent necessary, and such 
documentation as necessary to ensure compliance with ap-
plicable Federal and State environmental laws and regula-
tions. If the proposed mineral activities will be carried out 
in conjunction with mineral activities on adjacent non-Fed-
eral 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 concerned 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. 
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(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, 
will be restored after the completion of mineral activi-
ties. 
(D) The area subject to the proposed plan is not 
listed in section 111 or otherwise ineligible for min-
eral activities. 
(E) The proposed operation has been designed to 
prevent material damage to the hydrologic balance 
outside the permit area. 
(F) The applicant will fully comply with the re-
quirements of section 306 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-
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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 constitute 
a removal or remedial action under section 101 of the Com-
prehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601), the Secretary shall 
consult with the Administrator of the Environmental Pro-
tection Agency prior to the issuance of an operations per-
mit. The Administrator of the Environmental Protection 
Agency shall ensure that the reclamation plan does not re-
quire activities that would increase the costs or likelihood 
of removal or remedial actions under the Comprehensive 
Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.) or corrective actions under 
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 
(d) TERM OF PERMIT; RENEWAL.— 
(1) IN GENERAL.—An operations permit— 
(A) shall be for an initial term not longer 
than the shorter of— 
(i) the period necessary to accomplish 
the proposed mineral activities subject to 
the permit; and 
(ii) the length of time remaining on 
the applicant’s hardrock mining lease; 
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(B) shall be renewed for an additional 10- 
year period if the operation is in compliance 
with the requirements of this Act and other ap-
plicable law; and 
(C) shall expire 5 years following the com-
mencement of a temporary cessation unless, 
prior to the expiration of the 5 years, the mine 
operator has filed with the Secretary a request 
for approval to resume operations. 
(2) FAILURE
TO
COMMENCE
MINERAL
ACTIVI-
TIES.—Failure by the operator to commence mineral 
activities within 2 years of the date scheduled in an 
operations permit shall require a modification of the 
permit if the Secretary concerned determines that 
modifications are necessary to comply with section 
111. 
(e) PERMIT MODIFICATION.— 
(1) APPLICATION.—During the term of an oper-
ations permit the operator may submit an applica-
tion to modify the permit (including the operations 
plan or reclamation plan). 
(2) MODIFICATION
BY
THE
SECRETARY
CON-
CERNED.—The Secretary concerned may, at any time, 
require reasonable modification to any operations 
plan or reclamation plan upon a determination that 
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the requirements of this Act cannot be met if the plan 
is followed as approved. Such determination shall be 
based on a written finding and subject to public no-
tice and hearing requirements established by the Sec-
retary concerned. 
(3) UNANTICIPATED EVENTS OR CONDITIONS.—A 
permit modification is required before changes are 
made to the approved plan of operations, or if unan-
ticipated events or conditions exist on the mine site, 
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 
different than those predicted in the application; 
(D) the need for long-term water treatment; 
(E) significant reclamation difficulties or 
reclamation failure; 
(F) the discovery of significant scientific or 
biological resources that were not addressed in 
the original plan; 
(G) the discovery of a properties eligible for 
listing on the National Register of Historic 
Places; or 
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(C) A determination that the amount of fi-
nancial assurance filed with the permit applica-
tion is sufficient to assure completion of the rec-
lamation activities identified in the approved 
reclamation plan in the event of forfeiture. 
(D) A determination that any outstanding 
notices of violation and cessation orders incurred 
in connection with the plan for which temporary 
cessation is being requested are either stayed 
pursuant to an administrative or judicial appeal 
proceeding or are in the process of being abated 
to the satisfaction of the Secretary concerned. 
(g) PERMIT REVIEWS.—The Secretary concerned shall 
review each permit issued under this section every 10 years 
during the term of such permit, and before approving the 
resumption of operations under subsection (f), such Sec-
retary shall require the operator to take such actions as the 
Secretary deems necessary to assure that mineral activities 
conform to the permit, including adjustment of financial 
assurance requirements. 
(h) TRANSFER, ASSIGNMENT, OR SALE OF RIGHTS.— 
(1) WRITTEN APPROVAL.—No transfer, assign-
ment, or sale of rights granted by a permit under this 
section shall be made without the prior written ap-
proval of the Secretary concerned. 
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(2) CONDITIONS OF APPROVAL.—The Secretary 
concerned may allow a person holding a permit to 
transfer, assign, or sell rights under the permit to a 
successor, if such Secretary finds, in writing, that the 
successor— 
(A) has submitted all required information 
and is eligible to receive a permit in accordance 
with section 305; 
(B) has submitted evidence of financial as-
surance satisfactory under section 306; and 
(C) meets any other requirements specified 
by such Secretary. 
(3) ASSUMED LIABILITY.—The successor in in-
terest shall assume the liability and reclamation re-
sponsibilities established by the existing permit and 
shall conduct the mineral activities in full compliance 
with this Act, and the terms and conditions of the 
permit as in effect at the time of transfer, assignment, 
or sale. 
(4) FEE.—Each application for approval of a 
permit transfer, assignment, or sale pursuant to this 
subsection shall be accompanied by a fee payable to 
the Secretary concerned in such amount as may be es-
tablished by such Secretary. Such amount shall be 
equal to the actual or anticipated cost of reviewing 
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and approving or disapproving such transfer, assign-
ment, or sale, as determined by such Secretary. 
(i) PUBLIC PARTICIPATION.—The Secretary of the In-
terior and the Secretary of Agriculture shall jointly promul-
gate regulations to ensure transparency and public partici-
pation in permit decisions required under this Act, con-
sistent with any requirements that apply to such decisions 
under section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332). 
SEC. 305. PERSONS INELIGIBLE FOR PERMITS. 
(a) CURRENT VIOLATIONS.—Unless corrective action 
has been taken in accordance with subsection (c), no permit 
under this title shall be issued or transferred to an appli-
cant if the applicant or any agent of the applicant, the op-
erator (if different than the applicant), any claim, license, 
or lease holder (if different than the applicant) of the claim, 
license, or lease concerned, or any affiliate or officer or di-
rector of the applicant is currently in violation of any of 
the following: 
(1) A provision of this Act or any regulation 
under this Act. 
(2) An applicable State or Federal toxic sub-
stance, solid waste, air, water quality, or fish and 
wildlife conservation law or regulation at any site 
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where mining, beneficiation, or processing activities 
are occurring or have occurred. 
(3) The Surface Mining Control and Reclama-
tion Act of 1977 (30 U.S.C. 1201 et seq.) or any regu-
lation implementing that Act at any site where sur-
face coal mining operations have occurred or are oc-
curring. 
(b) SUSPENSION.—The Secretary concerned shall sus-
pend an operations permit, in whole or in part, if such 
Secretary determines that any of the entities described in 
subsection (a) were in violation of any requirement listed 
in subsection (a) at the time the permit was issued. 
(c) CORRECTION.— 
(1) REINSTATEMENT.—The Secretary concerned 
may issue or reinstate a permit under this title if the 
applicant submits proof that the violation referred to 
in subsection (a) or (b) has been corrected or is in the 
process of being corrected to the satisfaction of such 
Secretary and the regulatory authority involved or if 
the applicant submits proof that the violator has filed 
and is presently pursuing, a direct administrative or 
judicial appeal to contest the existence of the viola-
tion. For purposes of this section, an appeal of any 
applicant’s relationship to an affiliate shall not con-
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stitute a direct administrative or judicial appeal to 
contest the existence of the violation. 
(2) CONDITIONAL APPROVAL.—Any permit which 
is issued or reinstated based upon proof submitted 
under this subsection shall be conditionally approved 
or conditionally reinstated, as the case may be. If the 
violation is not successfully abated or the violation is 
upheld on appeal, the permit shall be suspended or re-
voked. 
(d) PATTERN OF WILLFUL VIOLATIONS.—No permit 
may be issued under this Act to any applicant if there is 
a demonstrated pattern of willful violations of the environ-
mental protection requirements of this Act by the applicant, 
any affiliate of the applicant, or the operator or claim, li-
cense, or lease holder if different than the applicant. 
SEC. 306. FINANCIAL ASSURANCE. 
(a) FINANCIAL ASSURANCE REQUIRED.— 
(1) FORM OF ASSURANCE.—After a permit is 
issued under this title and before any exploration or 
operations begin under the permit, the operator shall 
file with the Secretary concerned evidence of financial 
assurance payable to the United States. The financial 
assurance shall be provided in the form of a surety 
bond, letters of credit, certificates of deposit, or cash. 
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(2) COVERED ACTIVITIES.—The financial assur-
ance shall cover all lands within the initial permit 
area and all affected waters that may require restora-
tion, treatment, or other management as a result of 
mineral activities, and shall be extended to cover all 
lands and waters added pursuant to any permit 
modification made under section 303(e) or section 
304(e), or affected by mineral activities. 
(b) AMOUNT.—The amount of the financial assurance 
required under this section shall be sufficient to assure the 
completion of reclamation and restoration satisfying the re-
quirements of this Act if the work were to be performed by 
the Secretary concerned in the event of forfeiture, including 
the construction and maintenance costs for any treatment 
facilities necessary to meet Federal and State environ-
mental requirements. The calculation of such amount shall 
take into account the maximum level of financial exposure 
which shall arise during the mineral activity and adminis-
trative costs associated with a government agency reclaim-
ing the site. 
(c) DURATION.—The financial assurance required 
under this section shall be held for the duration of the min-
eral activities and for an additional period to cover the op-
erator’s responsibility for reclamation, restoration, and 
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long-term maintenance, and effluent treatment as specified 
in subsection (g). 
(d) ADJUSTMENTS.—The amount of the financial as-
surance and the terms of the acceptance of the assurance 
may be adjusted by the Secretary concerned from time to 
time as the area requiring coverage is increased or de-
creased, or where the costs of reclamation or treatment 
change, or pursuant to section 304(f), but the financial as-
surance shall otherwise be in compliance with this section. 
The Secretary concerned shall review the financial guar-
antee every 3 years and as part of the permit application 
review under section 304(g). 
(e) RELEASE.—Upon request, and after notice and op-
portunity for public comment, and after inspection by the 
Secretary concerned, such Secretary may, after consultation 
with the Administrator of the Environmental Protection 
Agency, release in whole or in part the financial assurance 
required under this section if the Secretary makes both of 
the following determinations: 
(1) A determination that reclamation or restora-
tion covered by the financial assurance has been ac-
complished as required by this Act. 
(2) A determination that the terms and condi-
tions of any other applicable Federal requirements, 
and State requirements applicable pursuant to coop-
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erative agreements under section 308, have been ful-
filled. 
(f) RELEASE SCHEDULE.—The release referred to in 
subsection (e) shall be according to the following schedule: 
(1) After the operator has completed any re-
quired backfilling, regrading, and drainage control of 
an area subject to mineral activities and covered by 
the financial assurance, and has commenced revegeta-
tion on the regraded areas subject to mineral activi-
ties in accordance with the approved plan, that por-
tion of the total financial assurance secured for the 
area subject to mineral activities attributable to the 
completed activities may be released except that suffi-
cient assurance must be retained to address other re-
quired reclamation and restoration needs and to as-
sure the long-term success of the revegetation. 
(2) After the operator has completed successfully 
all remaining mineral activities and reclamation ac-
tivities and all requirements of the operations plan 
and the reclamation plan, and all other requirements 
of this Act have been fully met, the remaining portion 
of the financial assurance may be released. 
During the period following release of the financial assur-
ance as specified in paragraph (1), until the remaining 
portion of the financial assurance is released as provided 
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in paragraph (2), the operator shall be required to comply 
with the permit issued under this title. 
(g) EFFLUENT.—Notwithstanding section 307(b)(4), 
where any discharge or other water-related condition result-
ing from the mineral activities requires treatment in order 
to meet the applicable effluent limitations and water qual-
ity standards, the financial assurance shall include the esti-
mated cost of maintaining such treatment for the projected 
period that will be needed after the cessation of mineral ac-
tivities. The portion of the financial assurance attributable 
to such estimated cost of treatment shall not be released 
until the discharge has ceased for a period of 5 years, as 
determined by ongoing monitoring and testing, or, if the 
discharge continues, until the operator has met all applica-
ble effluent limitations and water quality standards for 5 
full years without treatment. 
(h) ENVIRONMENTAL HAZARDS.—If the Secretary con-
cerned determines, after final release of financial assurance, 
that an environmental hazard resulting from the mineral 
activities exists, or the terms and conditions of the explo-
rations or operations permit of this Act were not fulfilled 
in fact at the time of release, such Secretary shall issue an 
order under section 507 requiring the claim holder or oper-
ator (or any person who controls the claim holder or oper-
ator) to correct the condition such that applicable laws and 
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regulations and any conditions from the plan of operations 
are met. 
SEC. 307. OPERATION AND RECLAMATION. 
(a) GENERAL RULE.—(1) The operator shall restore 
lands subject to mineral activities carried out under a per-
mit issued under this title to a condition capable of sup-
porting— 
(A) the uses which such lands were capable of 
supporting prior to surface disturbance by the oper-
ator; or 
(B) other beneficial uses which conform to appli-
cable land use plans as determined by the Secretary 
concerned. 
(2) Reclamation shall proceed as contemporaneously 
as practicable with the conduct of mineral activities. In the 
case of a cessation of mineral activities beyond that pro-
vided for as a temporary cessation under this Act, reclama-
tion activities shall begin immediately. 
(b) OPERATION AND RECLAMATION STANDARDS.—The 
Secretary of the Interior and the Secretary of Agriculture 
shall jointly promulgate regulations that establish operation 
and reclamation standards for mineral activities permitted 
under this Act. The Secretaries may determine whether out-
come-based performance standards or technology-based de-
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sign standards are most appropriate. The regulations shall 
address the following: 
(1) Segregation, protection, and replacement of 
topsoil or other suitable growth medium, and the pre-
vention, where possible, of soil contamination. 
(2) Maintenance of the stability of all surface 
areas. 
(3) Control of sediments to prevent erosion and 
manage drainage. 
(4) Minimization of the formation and migra-
tion of acidic, alkaline, metal-bearing, or other delete-
rious leachate. 
(5) Reduction of the visual impact of mineral 
activities to the surrounding topography, including as 
necessary pit backfill. 
(6) Establishment of a diverse, effective, and per-
manent vegetative cover of the same seasonal variety 
native to the area affected by mineral activities, and 
equal in extent of cover to the natural vegetation of 
the area. 
(7) Design and maintenance of leach operations, 
impoundments, and excess waste according to stand-
ard engineering standards to achieve and maintain 
stability and reclamation of the site. 
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(8) Removal of structures and roads and sealing 
of drill holes. 
(9) Restoration of, or mitigation for, fish and 
wildlife habitat disturbed by mineral activities. 
(10) Preservation of cultural, paleontological, 
and cave resources. 
(11) Prevention and suppression of fire within 
the leased area. 
(c) SURFACE OR GROUND WATER WITHDRAWALS.— 
The Secretary concerned shall work with State and local 
governments with authority over the allocation and use of 
surface and ground water in the area around the mine site 
as necessary to ensure that any surface or ground water 
withdrawals made as a result of mining activities approved 
under this section do not cause undue degradation. 
(d) SPECIAL RULE.—Reclamation activities for a 
mining claim, license, or lease that has been forfeited, relin-
quished, or lapsed, or a plan that has expired or been re-
voked or suspended, shall continue subject to review and ap-
proval by the Secretary concerned. 
SEC. 308. STATE LAW AND REGULATION. 
(a) STATE LAW.— 
(1) RECLAMATION, LAND USE, ENVIRONMENTAL, 
AND PUBLIC HEALTH STANDARDS.—Any reclamation, 
land use, environmental, or public health protection 
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standard or requirement in State law or regulation 
that meets or exceeds the requirements of this Act 
shall not be construed to be inconsistent with any 
such standard. 
(2) BONDING
REQUIREMENTS.—Any bonding 
standard or requirement in State law or regulation 
that meets or exceeds the requirements of this Act 
shall not be construed to be inconsistent with such re-
quirements. 
(3) INSPECTION
STANDARDS.—Any inspection 
standard or requirement in State law or regulation 
that meets or exceeds the requirements of this Act 
shall not be construed to be inconsistent with such re-
quirements. 
(b) APPLICABILITY
OF
OTHER
STATE
REQUIRE-
MENTS.— 
(1) ENVIRONMENTAL
STANDARDS.—Nothing in 
this Act shall be construed as affecting any toxic sub-
stance, solid waste, or air or water quality, standard 
or requirement of any State, county, local, or Tribal 
law or regulation, which may be applicable to min-
eral activities on lands subject to this Act. 
(2) WATER RESOURCES.—Nothing in this Act 
shall be construed as affecting in any way the right 
of any person to enforce or protect, under applicable 
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law, such person’s interest in water resources affected 
by mineral activities on lands subject to this Act. 
(c) COOPERATIVE AGREEMENTS.— 
(1) IN GENERAL.—Any State may enter into a 
cooperative agreement with the Secretary concerned 
for the purposes of such Secretary applying such 
standards and requirements referred to in subsection 
(a) and subsection (b) to mineral activities or rec-
lamation on lands subject to this Act. 
(2) COMMON
REGULATORY
FRAMEWORK.—In 
such instances where the proposed mineral activities 
would affect lands not subject to this Act in addition 
to lands subject to this Act, in order to approve a 
plan of operations the Secretary concerned shall enter 
into a cooperative agreement with the State that sets 
forth a common regulatory framework consistent with 
the requirements of this Act for the purposes of such 
plan of operations. Any such common regulatory 
framework shall not negate the authority of the Fed-
eral Government to independently inspect mines and 
operations and bring enforcement actions for viola-
tions. 
(3) NOTICE AND PUBLIC COMMENT.—The Sec-
retary concerned shall not enter into a cooperative 
agreement with any State under this section until 
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after notice in the Federal Register and opportunity 
for public comment and hearing. 
(d) PRIOR AGREEMENTS.—Any cooperative agreement 
or such other understanding between the Secretary con-
cerned and any State, or political subdivision thereof, relat-
ing to the management of mineral activities on lands sub-
ject to this Act that was in existence on the date of enact-
ment of this Act may only continue in force until 1 year 
after the date of enactment of this Act. During such 1-year 
period, the State and the Secretary shall review the terms 
of the agreement and make changes that are necessary to 
be consistent with this Act. 
TITLE IV—ABANDONED 
HARDROCK MINE RECLAMATION 
SEC. 401. ESTABLISHMENT OF FUND. 
(a) ESTABLISHMENT.—There is established in the De-
partment of the Treasury a separate account to be known 
as the Hardrock Minerals Reclamation Fund. 
(b) INVESTMENT.—The Secretary shall notify the Sec-
retary of the Treasury as to what portion of the Fund is 
not, in the Secretary’s judgment, required to meet current 
withdrawals. The Secretary of the Treasury shall invest 
such portion of the Fund in public debt securities with ma-
turities suitable for the needs of such Fund and bearing in-
terest at rates determined by the Secretary of the Treasury, 
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taking into consideration current market yields on out-
standing marketplace obligations of the United States of 
comparable maturities. 
(c) ADMINISTRATION.—In addition to other uses au-
thorized by this title, the Secretary may use amounts in 
the Fund as necessary for the administrative expenses of 
the United States, Indian Tribes, and the States to imple-
ment this title. 
SEC. 402. CONTENTS OF FUND. 
(a) IN GENERAL.—The following amounts shall be 
credited to the Fund: 
(1) All moneys collected pursuant to section 502 
and section 506. 
(2) All fees received under section 304(a)(1)(B). 
(3) All donations by persons, corporations, asso-
ciations, and foundations for the purposes of this 
title. 
(4) All amounts deposited in the Fund under 
title I. 
(5) All income on investments under section 
401(b). 
(6) All amounts deposited in the Fund under 
section 403. 
(b) DONATIONS.—The Secretary may accept for the 
Government a gift of money to be deposited into the Fund. 
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The Secretary may reject a gift to the Fund if such rejection 
is in the interest of the Government. 
SEC. 403. DISPLACED MATERIAL RECLAMATION FEE. 
(a) IMPOSITION OF FEE.—Except as provided in sub-
section (g), each operator conducting hardrock mineral ac-
tivities shall pay to the Secretary, for deposit in the 
Hardrock Minerals Fund established by section 401, a dis-
placed material reclamation fee of 7 cents per ton of dis-
placed material. 
(b) PAYMENT DEADLINE.—Such reclamation fee shall 
be paid not later than 60 days after the end of each calendar 
year beginning with the first calendar year occurring after 
the date of enactment of this Act. 
(c) SUBMISSION OF STATEMENT.—Together with such 
reclamation fee, all operators conducting hardrock mineral 
activities shall submit to the Secretary a statement of the 
amount of displaced material produced during mineral ac-
tivities during the previous calendar year, the accuracy of 
which shall be sworn to by the operator and notarized. 
(d) PENALTY.—Any corporate officer, agent, or direc-
tor of a person conducting hardrock mineral activities, and 
any other person acting on behalf of such a person, who 
knowingly makes any false statement, representation, or 
certification, or knowingly fails to make any statement, 
representation, or certification, required under this section 
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with respect to such operation shall, upon conviction, be 
punished by a fine of not more than $10,000. 
(e) CIVIL ACTION TO RECOVER FEE.—Any portion of 
such reclamation fee not properly or promptly paid pursu-
ant to this section shall be recoverable, with statutory inter-
est, from the hardrock mineral activities operator, in any 
court of competent jurisdiction in any action at law to com-
pel payment of debts. 
(f) EFFECT.—Nothing in this section requires a reduc-
tion in, or otherwise affects, any similar fee required under 
any law (including regulations) of any State. 
(g) EXEMPTION.—The fee under this section shall not 
apply for small miners. 
SEC. 404. USE AND OBJECTIVES OF THE FUND. 
(a) AUTHORIZED USES.— 
(1) IN GENERAL.—The Secretary may, subject to 
appropriations, use moneys in the Fund for the rec-
lamation and restoration of land and water resources 
adversely affected by past hardrock mineral activities 
and related activities on lands described in section 
405, including any of the following: 
(A) Protecting public health and safety. 
(B) Preventing, abating, treating, and con-
trolling water pollution created by abandoned 
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mine drainage, including in river watershed 
areas. 
(C) Reclaiming and restoring abandoned 
surface and underground mined areas. 
(D) Reclaiming and restoring abandoned 
milling and processing areas. 
(E) Backfilling, sealing, or otherwise con-
trolling abandoned underground mine entries. 
(F) Revegetating land adversely affected by 
past mineral activities in order to prevent ero-
sion and sedimentation, to enhance wildlife habi-
tat, and for any other reclamation purpose. 
(G) Controlling surface subsidence due to 
abandoned underground mines. 
(H) Enhancing fish and wildlife habitat. 
(2) MANNER OF USE.—Amounts in the Fund 
may— 
(A) be expended by the Secretary for the 
purposes described in paragraph (1); 
(B) be transferred by the Secretary to the 
Director of the Bureau of Land Management, the 
Chief of the Forest Service, the Director of the 
National Park Service, the Director of the 
United States Fish and Wildlife Service, the 
head of any other Federal agency, or any public 
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entity that volunteers to develop and implement, 
and that has the ability to carry out, all or a 
significant portion of a reclamation program 
under this title; or 
(C) be transferred by the Secretary to an 
Indian Tribe or a State to carry out a reclama-
tion program under this title that meets the pur-
poses described in paragraph (1). 
(b) ALLOCATION.—Of the amounts deposited into the 
Fund— 
(1) 25 percent shall be allocated for expenditure 
by the Secretary in States or on Tribal lands within 
the boundaries of which occurs production of hardrock 
minerals or mineral concentrates or products derived 
from hardrock minerals, based on a formula reflecting 
existing production in each such State or on the land 
of the Indian Tribe; 
(2) 25 percent shall be allocated for expenditure 
by the Secretary in States or on Tribal lands based 
on a formula reflecting the quantity of hardrock min-
erals, or mineral concentrates or products derived 
from hardrock minerals, historically produced in each 
such State or from the land of the Indian Tribe before 
the date of enactment of this Act; and 
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(3) 50 percent shall be allocated for expenditure 
by the Secretary to address high-priority needs ac-
cording to the priorities in subsection (c). 
(c) PRIORITIES.—Expenditures of moneys from the 
Fund shall reflect the following priorities in the order stat-
ed: 
(1) The protection of public health and safety 
from extreme danger from the adverse effects of past 
mineral activities, especially as relates to surface 
water and ground water contaminants. 
(2) The protection of public health and safety 
from the adverse effects of past mineral activities. 
(3) The restoration of land, water, and fish and 
wildlife resources previously degraded by the adverse 
effects of past mineral activities, which may include 
restoration activities in river watershed areas. 
(d) HABITAT.—Reclamation and restoration activities 
under this title shall include appropriate mitigation meas-
ures to provide for the continuation of any established habi-
tat for wildlife in existence before the commencement of such 
activities. 
(e) RESPONSE OR REMOVAL ACTIONS.—Reclamation 
and restoration activities under this title that constitute a 
removal or remedial action under section 101 of the Com-
prehensive Environmental Response, Compensation, and 
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Liability Act of 1980 (42 U.S.C. 9601) shall be conducted 
with the concurrence of the Administrator of the Environ-
mental Protection Agency. The Secretary and the Adminis-
trator shall enter into a memorandum of understanding to 
establish procedures for consultation, concurrence, training, 
exchange of technical expertise, and joint activities under 
the appropriate circumstances, that provide assurances that 
reclamation or restoration activities under this title shall 
not be conducted in a manner that increases the costs or 
likelihood of removal or remedial actions under the Com-
prehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.), and that 
avoid oversight by multiple agencies to the maximum extent 
practicable. 
SEC. 405. ELIGIBLE LANDS AND WATERS. 
(a) ELIGIBILITY.—Reclamation expenditures under 
this title may only be made with respect to Federal, State, 
Indian, local, and private lands that have been affected by 
past mineral activities, and water resources that traverse 
or are contiguous to such lands, including any of the fol-
lowing: 
(1) Lands and water resources that were used 
for, or affected by, mineral activities and abandoned 
or left in an inadequate reclamation status before the 
effective date of this Act. 
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